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HomeMy WebLinkAbout01 - 08-07-2001 & 08-14-2001August 28, 2001 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Special Meeting (o° . August 7, 2001- 6:00 p.m. DLGr" INDEX ROLL CALL Present: Ridgeway, Glover, Proctor, Mayor Adams Absent: Heffernan, Bromberg (excused) CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION (54956.9): El Toro Re -Use Planning Authority (ETRPA) vs. City of Newport Beach OCSC Case Number 01 -CC- 09662. PUBLIC COMMENTS —None ADJOURNMENT — 7:41 p.m. The agenda for the Special Meeting was posted on August 6, 2001 at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 54 - Page 411 CITY OF NEWPORT BEACH City Council Minutes Study Session EQ p August 14, 2001- 5:00 p.m. (( (� INDEX ROLL CALL Present: None Absent: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams MEETING CANCELLED DUE TO LACK OF A QUORUM. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. 2. CIOSA SPECIAL IMPROVEMENT DISTRICT DEBT REFUNDING. 3. COUNCIL REVIEW OF STAFF PRIORITIES & TIME FRAME FOR FY 2001 -02 PROJECTS. PUBLIC COMMENTS ADJOURNMENT The agenda for the Study Session was posted on August 8, 2001, at 2:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 54 - Page 412 CIOSA (40/68) Staff Priorities & Projects (35) CITY OF NEWPORT BEACH City Council Minutes Regular Meeting aQ August 14, 2001- 7:00 p.m. 3 INDEX STUDY SESSION - 5:00 p.m. (cancelled due to a lack of quorum) CLOSED SESSION - 6:00 p.m. CLOSED SESSION REPORT - Mayor Adams announced that, with Mayor Pro Tem Ridgeway and Council Member Heffernan absent and Council Member Glover participating by telephone, the City Council voted unanimously to authorize settlement in the sum of $50,000 for the lawsuit entitled Chapman vs. City of Newport Beach [Case No. SACV 01 -173 AHS (EEx)]. He stated that the case was filed in the United States District Court for the Central District of California. Mayor Adams requested that the City Clerk's office look at revising the agenda so that the Closed Session Report proceeds Roll Call in order for the public to be in attendance when any report is made. A. RECESSED AND RECONVENED AT 7:03 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, O'Neil, Bromberg, Proctor, Mayor Adams Absent: Ridgeway, Glover (excused) C. PLEDGE OF ALLEGIANCE - None. D. INVOCATION - Reverend Tim McCalmont, Presbyterian Church of the Covenant, Costa Mesa E. Presentation of $142,000 Check from the Friends of the Library. Presentation regarding Summer Concerts in the Park - August 19th and September 9th. Presentation of Cultural Arts Grants - FY 2001 -02. F. NOTICE TO THE PUBLIC G. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): • Council Member Proctor stated that, at the last Orange County Regional Airport Authority (OCRAA) meeting, it was announced that Volume 54 - Page 413 Library (50) Summer Concerts in the Park (62) Arts Grants (62) City of Newport Beach City Council Minutes August 14, 2001 "Just the Facts" interactive kiosks containing E1 Toro airport information were available. He asked if this was something the City should consider and, if so, how many kiosks the City should purchase. Council Member Proctor relayed an incident in which Police Officers Jeff Cantrell and Darcy Andelin went beyond the call of duty for a local family. He commended the officers for their assistance and the Police Department for a job well done. Council Member Bromberg noted that there has been talk over the weeks as to whether the City should acquire the Newport Dunes. He requested that this topic come back at a future study session to see if there is any Council interest in the Dunes. City Manager Bludau indicated that this issue can come back during the first study session in September. Council Member Bromberg emphasized that Council has not taken a position on this issue but needs the facts to make an informed decision. Council Member O'Neil believed that Council should receive information relative to the length of the term remaining on the property; the cost of the leasehold interest; if the property is actually being marketed for sale; what the potential uses are; how to finance the purchase; and if the City could merge the lease with the fee hold interest since the County owns the remaining fee holder fee on the property. He stated that, if the City acquires whatever time is remaining on the lease, it would be in the best interest of the City to increase the time beyond the remainder of the lease. Council Member Bromberg requested a future study session to determine whether a Harbor Commission is needed. Council Member Heffernan requested a comparison with last year on how many times the Bay has been posted with warnings signs. H. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. Removed at the request of an audience member. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCE FOR ADOPTION 3. MODIFICATIONS TO CHAPTER 12.54 OF THE NBMC PERTAINING TO OCEANFRONT BOARDWALK SAFETY PROGRAM. Adopt Ordinance No. 2001 -16. RESOLUTIONS FOR ADOPTION 4. SPECIAL MUNICIPAL ELECTION - NOVEMBER 20, 2001: Volume 54 - Page 414 INDEX Ord 2001 -16 Oceanfront Boardwalk Safety Program (70) Res 2001 -66 City of Newport Beach City Council Minutes August 14, 2001 INDEX Volume 54 - Page 415 ADOPTION OF RESOLUTIONS CALLING THE ELECTION AND Res 2001 -67 REQUESTING THE BOARD OF SUPERVISORS TO CONDUCT GPA 97 -3(B) THE ELECTION [KOLL CENTER NEWPORT OFFICE SITE B — Special Municipal GPA 97- 3(B)]. a) Adopt Resolution No. 2001 -66 Calling and Giving Election/ Notice of a Special Municipal Election to be held on Tuesday, Koll Center November 20, 2001, for the Submission of a Proposed Measure to the Newport Office Site B Qualified Voters; and b) adopt Resolution No. 2001 -67 Requesting the (39145) Board of Supervisors of the County of Orange to Conduct the Special Municipal Election to be held on Tuesday, November 20, 2001. 5. APPLICATION FOR MEMBERSHIP IN THE ARROYO SECO Res 2001 -68 LIBRARY NETWORK OF THE LIBRARY OF CALIFORNIA. Arroyo Seco Adopt Resolution No. 2001 -68 authorizing the Newport Beach Public Library Network Library to join the Arroyo Seco Library Network of the Library of (50) California. 6. ADOPT RESOLUTION AUTHORIZING THE SALE OF BONDS BA -005 FOR ASSESSMENT DISTRICT NO. 74 (ISLAND AVENUE FROM Res 2001 -69 EDGEWATER AVENUE TO WEST BAY AVENUE AND WEST Assessment District 74 BAY AVENUE FROM ISLAND AVENUE TO 7TH STREET). Island Avenue/ 1) Approve the corrected ballot count (the vote count for Assessors West Bay Avenue parcel No. 048- 071 -03 was shorted 3,313.59 votes against the district (40189) which changes the percent of approval from 81.4 to 80.8 percent); 2) adopt Resolution No. 2001 -69 which sets forth the terms and conditions for the sale of bonds and approves the Purchase Agreement submitted by the designated underwriter for Assessment District No. 74; and 3) approve a budget amendment (BA -005) adjusting revenue estimates in Account No. 400 -6974 in the amount of $460,582 to reflect contributions from property owners and the sale of bonds and increase expenditure appropriations in the amount of $460,582 in Account No. 7401- C5200360 to reflect the net proceeds available to complete construction. 7. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION Ord 2001 -17 FRANCHISES TO PACIFIC EARTHWORKS AND COUSYN Res 2001 -70 GRADING AND DEMOLITION. 1) Adopt Resolution of Intention Non - Exclusive No. 2001 -70 to award a Non - exclusive Solid Waste Franchise to Pacific Solid Waste Earthworks and Cousyn Grading and Demolition and to set a public Collection hearing for August 28, 2001; and 2) introduce Ordinance No. 2001 -17 Franchises granting a Non - exclusive Solid Waste Franchise to Pacific Earthworks (42) and Cousyn Grading and Demolition, and pass to second reading on August 28, 2001. 8. PROPERTY TAX EXCHANGE AGREEMENT BETWEEN THE C -3474 COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH Res 2001 -71 REGARDING THE NEWPORT COAST ANNEXATION AND BAY Newport Coast/ KNOLLS. Adopt Resolution No. 2001 -71 relating to a Property Tax Bay Knolls Exchange Agreement with the County of Orange regarding the Property Tax Newport Coast Annexation and Bay Knolls. Exchange (21138) 9. ADMISSION OF THE CITY OF ALISO VIEJO AS A MEMBER OF Res 2001 -72 THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR San Joaquin Hills AGENCY (SJHTC). Adopt Resolution No. 2001 -72 admitting Aliso Transportation Volume 54 - Page 415 City of Newport Beach City Council Minutes August 14, 2001 INDEX Volume 54 - Page 416 Viejo to the SJHTC. Corridor (61) 10. PROPOSED CHANGES TO RULES, PURPOSE AND Res 2001 -73 RESPONSIBILITIES OF ENVIRONMENTAL QUALITY EQAC AFFAIRS COMMITTEE. Adopt Resolution No. 2001 -73 amending (24) Resolution No. 2001 -61 regarding the Rules, Purpose and Responsibilities of the Environmental Quality Affairs Committee, with staffs recommended changes. CONTRACTS AND AGREEMENTS 11. VIA LIDO RESURFACING PROJECT (C -3372) — COMPLETION C -3372 AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk Via Lido to file a Notice of Completion; 3) authorize the City Clerk to release the Resurfacing Labor and Materials bond 35 days after the Notice of Completion has (38) been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one year after Council acceptance. 12. PARK PLAYGROUND REFURBISHMENT (C -3384) — C -3384 COMPLETION AND ACCEPTANCE. 1) Accept the work; Park Playground 2) authorize the City Clerk to file a Notice of Completion; 3) authorize Refurbishment the City Clerk to release the Labor and Materials bond 35 days after (38) the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one year after Council acceptance. 13. OCEAN PIER REHABILITATION — APPROVAL OF PLANS AND C -3312 SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE Ocean Pier (C- 3312). 1) Approve the plans and specifications; and 2) authorize Rehabilitation staff to advertise for bids. (38) 14. BALBOA VILLAGE IMPROVEMENTS PHASE I — APPROVAL C -3333 OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO Balboa Village ADVERTISE (C- 3333). 1) Approve the plans and specifications; and Improvements — 2) authorize advertisement for bids for Phase I of the Balboa Village Phase I Improvements. (38) 15. BONITA CANYON SPORTS PARK — WEST PARK OPEN SPACE C -3270 IRRIGATION AND LANDSCAPING (C- 3270). 1) Approve Change Bonita Canyon Order No. 23 to Castello, Inc. in the amount of $336,60170 to add Sports Park irrigation and landscaping to the West Park Open Space area of the (38) Bonita Canyon Sports Park and authorize the Public Works Director to execute the change order; and 2) authorize an additional $95,000 to increase the construction contingency to 2% of the construction cost to provide for the cost of unforeseen work. 16. AGREEMENT WITH EIP ASSOCIATES FOR PREPARATION OF C -3475 GENERAL PLAN UPDATE. Approve and authorize City Manager to General Plan execute agreement for Phase 1 (Visioning Process) for an amount not to Update exceed $33,035. (38) Volume 54 - Page 416 City of Newport Beach City Council Minutes August 14, 2001 17. LEASE AGREEMENT FOR SHIPYARD/RETAIL STORE AT BALBOA YACHT BASIN (WITH BASIN MARINE, INC.). Authorize the Mayor to execute the proposed lease with Basin Marine, Inc. on behalf of the City of Newport Beach. 18. LEASE AGREEMENT FOR BALBOA YACHT BASIN OFFICE LEASE WITH HERITAGE YACHT SALES, INC. Authorize the Mayor to execute the proposed lease with Heritage Yacht Sales, Inc. on behalf of the City of Newport Beach. MISCELLANEOUS ACTIONS 19. UNSCHEDULED VACANCY ON THE BOARD OF LIBRARY TRUSTEES. Confirm the nomination of Karen Clark and Gregory Ruzicka to fill the unscheduled vacancy created as a result of the resignation of Julie Ryan and schedule the appointment to be made on August 28, 2001. 20. BUDGET AMENDMENT — GIFT FROM THE FRIENDS OF THE LIBRARY. Approve BA -004 in the amount of $142,000. 21. CITY OF NEWPORT BEACH ENDORSEMENT OF CAREER DIRECTIONS FOR STUDENTS, ORANGE COUNTY EDITION. Approve City of Newport Beach endorsement. 22. REQUEST FOR CO- SPONSORSHIP FOR THE 3RD ANNUAL 5K RUN/WALK FOR THE ARTS. Approve City co- sponsorship of the 3rd Annual Run/Walk for the Arts on October 13, 2001, including (1) support for City services, not to exceed $5,000; and (2) staff services of Wes Armand, City Manager's office, to assist the Volunteer Run Committee. Council Member Bromberg abstained from voting on this item. 23. Removed at the request of Mayor Adams. Motion by Council Member Proctor to approve the Consent Calendar, except for those items removed (1 and 23); and noting Council Member Bromberg's abstention on Item No. 22. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: Ridgeway, Glover I. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JULY 24, 2001. Volume 54 - Page 417 INDEX C -3404 Balboa Yacht Basin/ Shipyard/Retail Store (38) C -3476 Balboa Yacht Basin/ Office Lease (38) Board of Library Trustees (24) BA- 004117riends of the Library (40/50) Career Direction for Students (78) 5K Run/Walk for the Arts Co- Sponsorship (62) City of Newport Beach City Council Minutes August 14, 2001 Jim Hildreth, 120 The Grand Canal, requested that page 406 be amended to add his statement, "...rather than the City's vertical metal ladder bolted to the sea wall." Mayor Adams instructed the City Clerk's office to make the addition if it is confirmed that the statement was made. Motion by Council Member Proctor to waive reading of subject minutes, approve as amended, and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: Ridgeway, Glover 23. APPROVAL OF "TASTE OF NEWPORT" BANNERS. Mayor Adams asked if there has been any reports of damage to the light poles as a result of the banners. City Manager Bludau stated that he has not heard of any problems in the past and added that the banners are professionally installed and removed. Motion by Council Member O'Neil to conditionally approve the request of Newport Harbor Area Chamber of Commerce for the installation of 205 banners, from August 15, 2001 to September 18, 2001 along Jamboree Road, MacArthur Boulevard, Westcliff Drive, Newport Boulevard, and Newport Center Drive East/West. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: Ridgeway, Glover J. PUBLIC COMMENTS Mayor Adams stated that someone made a comment in the local newspaper that Council was not responding or allowing questions to be asked. He clarified that, during Public Comments, speakers have three minutes to address non- agenda items and that it is intended for the speaker to make their comments and not engage in conversation with Council. However, now the speaker will be permitted to ask questions during the three minutes and Council or staff will be allowed up to five minutes after that to respond to questions or comments. He emphasized that it is the duty of the public to question local government and it is Council's obligation to answer questions. Mayor Adams agreed that Public Comments has been used by some people to raise outrageous notions and make statements that have no foundation without any concern of being called on their statements since it has been the policy not to comment after the public makes comments. He stated that not responding to these comments is not fair to Council because they get accused of things without being able to respond. Volume 54 - Page 418 INDEX Taste of Newport Banners (74) City of Newport Beach City Council Minutes August 14, 2001 INDEX Council Member O'Neil stated that it has been his understanding that Council has been prohibited by the Brown Act from making comments since the comments are non - agendized items. City Attorney Burnham confirmed that the ground rules Mayor Adams discussed are permitted. He reported that the Brown Act does allow Council or staff to briefly respond to comments made during Public Comments. He added that correcting the record is an appropriate thing to do. Mayor Adams stated that, if the discussion after Public Comments becomes more than a brief response, Council may want to consider agendizing the issue for a future meeting. Council Member Proctor agreed that the previous method was frustrating; however, believed that the new procedure is a positive approach. He stated that the old procedure also gave people the impression that Council is not listening or does not care when the public comes forward, proposes a good idea, and Council does not comment on it. • Jay Taylor, 1631 Pegasus Street, Santa Ana Heights, reviewed the efforts involved with annexing the western portion of Santa Ana Heights and reported that Costa Mesa is moving forward with filing their annexation application which includes western Santa Ana Heights. He pointed out that, once the residents officially object to Costa Mesa's annexation, Santa Ana Heights will be available to potentially be annexed by Newport Beach. He asked if the City is willing to amend the Santa Ana Heights application to include the western portion. • Robert B. Hanley, 1601 Indus Street, Santa Ana Heights, gave petitions to the City Manager and documentation from LAFCO. He believed that the innuendo that Irvine Avenue is the dividing line for Santa Ana Heights is nonsense and referenced the documents. He indicated that Costa Mesa previously released its sphere of influence over Bay Knolls and another area, but kept Santa Ana Heights. He stated that LAFCO has essentially told them that Santa Ana Heights should remain whole. Council Member O'Neil stated that the City will be proceeding in its annexation efforts of the Down Coast and Bay Knolls; and that the Santa Ana Heights annexation will follow. He noted that Council is on record as favoring keeping east and west Santa Ana Heights together and that the City has engaged in discussions with Costa Mesa about this. He stated that Costa Mesa was cooperating with the sphere of influence change; however, they have since changed their position. He reported that the City would need to take the initiative to have the sphere of influence changed, but questioned whether this could be accomplished if Costa Mesa objects to it. • Jack Skinner, 1724 Highland Drive, thanked Mayor Adams for sending correspondence opposing HR1730 to Congressmen Cox and Rohrabacher. He reported that HR1730 would amend the Federal Clean Water Act and virtually negate the no discharge status of Newport Bay by allowing boats with Type I marine sanitation devices to discharge sewage directly into the Bay. He referenced the Clean Water Act and stated that the Santa Ana Regional Water Quality Control Board obtained a no discharge designation for Newport Harbor Volume 54 - Page 419 City of Newport Beach City Council Minutes August 14, 2001 INDEX from the Environmental Protection Agency (EPA) in order to preserve the Harbor for boating and swimming activities. He stated that the City and the Regional Board have worked to reduce pollution in the Bay and added that the reliance on the no discharge status has played an important part in efforts to improve water quality. He indicated that the passage of HR1730 would be detrimental to these efforts and requested Council's continued opposition to HR1730. Nancy Skinner, 1724 Highland Drive, stated that people would not like to swim in a Bay that had ground -up sewage in it from boats. She requested that Council and the public contact members of Congress to do what it can to defeat HR1730. Allan Beek, 2007 Highland Drive, stated that Council has two weeks to put an item on the November ballot for the people to vote on the Down Coast annexation. He noted that Stop Polluting Our Newport (SPON) has gone on record as favoring an election and added that the Community Association Board of Directors unanimously oppose the annexation. He stated that the City is spending $500,000 on a visioning program to find out what people want and believed that putting this to a vote is a chance to find out. He noted that placing this on the ballot would only cost $4,000 since an election is already going to be held. Mr. Beek noted that there is no law that says a city cannot clean up its general plan by taking out obsolete language. City Attorney Burnham stated that, based on a recent Supreme Court Case (fiends of Sierra Madre), the City would have to prepare environmental documentation before it made any decision to put a general plan amendment on the ballot. He reported that planning for Newport Coast has been set by virtue of the County approved Local Coastal Program and the Development Agreement approved by the City and the County. He emphasized that modifying the General Plan would have no affect on the development of the area. Mr. Burnham stated that the measure would only be an advisory measure, if the City was able to put it on the ballot, and noted that there is no clear authority to do this in the Charter except to general plan amendments that require a vote because of Measure S. Council Member O'Neil stated that this is a good example of someone making a statement for the record that the City should do something, and, if nothing is done, it gives the impression that the City is acting irresponsibly. He noted that the City is advised by counsel that it cannot legally do this, regardless if the citizens vote on annexing Newport Coast since it is contractually going to be developed anyway. Mayor Adams noted that the Down Coast has been in the City's sphere of influence for over 20 years and that its annexation is addressed in the current General Plan. He stated that this is a representative form of government and, if Council calls an election for every decision it has to make, it will turn into a strange form of government. Council Member Bromberg emphasized that the City is doing what the General Plan is directing it to do. He added that the City is also Volume 54 - Page 420 City of Newport Beach City Council Minutes August 14, 2001 INDEX conducting a large outreach program to gather opinions on various City related topics. Council Member Heffernan believed that questions should be posed to the public that address the specific districts. He stated that this will also address what is needed in the General Plan. City Attorney Burnham reported that the City has entered into agreements with the Irvine Ranch Water District and The Irvine Company, and that issues were placed on the agenda on numerous occasions which set the stage for annexation. Further, Council and the Planning Commission have held public hearings within the last 12 months relative to the General Plan and zoning designation for the entire Coast which were also in anticipation of annexation. He believed that the issue of annexation has been before Council at least 12 times in the last two to three years and indicated that, with all the decisions that have occurred, to try to put this issue on the ballot would be against what Council has already done. Additionally, he was not aware of any opposition to the annexation. He expressed the opinion that the opposition should have been expressed some time over the past two years when Council was taking action on the various items. Susan Skinner•Caustin stated that she worked hard to prevent the Dunes Hotel. She noted that the Dunes property is up for sale and believed it is an opportunity for the City to purchase the land or take over the lease to create a park. She encouraged Council to consider this option for her son, Robby, and the future Newport Beach generations. She noted that the City used to have a lot of open space to play in when she was growing up. Mayor Adams noted that this issue was discussed earlier tonight and will be discussed during a study session in September. Michael Brigandi, 614 Marigold Avenue, representing Squadron 291 Sons of the American Legion, indicated that he forwarded a letter to Council last week requesting a waiver of the $51 fee for a street closure permit. City Manager Bludau indicated that he responded to the letter last week and forwarded it to the American Legion since no return address was given. He reported that only Council has the authority to waive fees for up to ten events a year and that their next fees for street closures can be waived, but he would need to agendize the issue. Tom Hyans, 217 191h Street, stated that he likes the new format for public comments because now it allows for public debate. Mayor Adams clarified that this is not the intent of the new format. Mr. Hyans believed that, if someone says something that is wrong, Council might want staff to correct it. However, Council should let people say what they want to say and allow them to walk away if that is what they want to do. Mayor Adams agreed and indicated that Council can also go back to how Public Comments was previously handled if he hears people do not like the new format. He stated that he feels it is more responsive to be able to answer people's questions, but emphasized that Council needs to keep comments brief, factual, Volume 54 - Page 421 City of Newport Beach City Council Minutes August 14, 2001 and non - personal. fi►17 DI:1 Chris Turren, Board Member of Southland Opera, indicated that he missed the Cultural Arts Grant presentation at the beginning of the meeting and thanked the City for the grant. Walter T. Smith, 608 West Balboa Boulevard, asked why 21 Oceanfront was able to put up valet parking signs, noting that the only parking spaces available over the weekend were their spaces. He believed that the signs were erected after reading in the Daily Pilot that one of the Council Members was looking for a way to subsidize a campaign debt. City Manager Bludau reported that 21 Oceanfront erected illegal signs about ten days ago. He stated that he spoke with the person who put them up and was assured that they would be down over the weekend. He indicated that the City is ready to take enforcement action if those signs have not come down. Mayor Adams reported that the City Clerk's office has all the campaign documentation on file for review. Council Member Proctor indicated that he was the Council Member who spoke to the Daily Pilot, but he has no idea about the valet signs Mr. Smith is talking about and assured everyone that he has nothing to do with them. He emphasized that making this type of implication in a public meeting is inappropriate. Mr. Smith stated that he hopes no parking reconstruction will take place in front of his house which is in a residential area. He asked if bus parking is allowed on Balboa Boulevard, reporting that charter buses currently park in front of his house during the summer and during the boat parade. City Manger Bludau indicated that he would need to get back to Mr. Smith regarding the legalities of parking buses on Balboa Boulevard. Jim Hildreth, 120 The Grand Canal, submitted a rephrased version of his request for documents. Noting that he has seen young children using the City - installed ladder at the southwest end of The Grand Canal, he asked about the City's insurance liability coverage for the use of this ladder and believed that children, minors, disabled adults, and the elderly are not covered under general liability. He indicated that he has been told that the ladder should be adequate for beach access; however, he stated that The Grand Canal is not a beach but a waterway and sometimes is referred to as a street. Mr. Hildreth noted that two structures are allowed for The Grand Canal and that the City - installed ladder is not one of them. He expressed the opinion that access to RP8010011 would have never been called into question if the City had maintained the groins at South Bay Front and at the southwest end of The Grand Canal. Further, he believed that, if the City maintained the sand level, J. M. Hildreth, his family, and friends could safely walk over the sea wall. He insisted that groin reconstruction and sand level maintenance begin as soon as possible. He also requested copies of documents from 1976 to 2000 or assistance on how to find them. Volume 54 - Page 422 City of Newport Beach City Council Minutes August 14, 2001 INDEX Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, President of the New Millennium Group, utilized transparencies to discuss their OCX -V -Plan. He suggested that residents look at the proposed County flight path for El Toro airport and determine if it is a reasonable airport plan. He indicated that they will be presenting the V -Plan at a meeting for the Newport Coast and Eastbluff residents. He stated that the pro - E1 Toro airport camp has called the V -Plan the "Unreasonable Plan" and does not want people or the FAA to look at it, have public information released on it, or allow the people to vote on it. Mr. Niewiarowski indicated that the City wants a 20% expansion of John Wayne Airport (JWA) and asked if this should occur or if a reasonable alternative airport should be looked at. He asked what happened to the $25,000 that was given to the Airport Working Group (AWG) that was supposed to be used to look at the V -Plan and the County's plan; and the $10,000 for a consultant that made a report at the last OCRAA meeting. Mr. Niewiarowski stated that they launched "The Reasonable Alternative Airport Initiative" that will be on the streets very shortly and also the Alternative Working Airport Group. Ann Watt, Santa Ana Heights resident, utilized a transparency to show the flight pattern of the V -Plan. She noted that the flights go over the Laguna Coast Wilderness Park which is open space and does not fly over any homes in Newport Coast. Charles Griffin, 732 Bison, stated that he attended the Board of Supervisors meeting today. Regarding the redistricting of the County Supervisor Districts, he indicated that it was recommended that Supervisor Jim Silva be Newport Beach's representative and Supervisor Tom Wilson be Newport Coast's representative. He believed it would be favorable for the City to have one supervisor that is sensitive to both airports and coastal problems. He reported that the Board received a letter from the State indicating that they had until today to approve the redistricting plan ordinance. He emphasized that the current plan would leave the City divided with two supervisors but noted that the Board will be considering whether they want to change the ordinance within the next two weeks. He indicated that Council should follow -up on this and that it is now the time to lobby for one supervisor if that is what the City wants. Council Member O'Neil stated that most of Council is familiar with the V -Plan and probably believes that it has merit. However, he emphasized that the Board of Supervisor's Redevelopment Authority has jurisdiction over the design of the El Toro airport, not the City, and reported that the Authority is about to certify an Environmental Impact Report (EIR) within the next 30 days that does not include the V -Plan. He added that some of the Board members have told him that, if the runway design needs to be modified in the future, they will consider it. He pointed out that the City is engaged in intense negotiations to extend the JWA Settlement Agreement that would keep flight limitations and noise abatement procedures in place. Regarding Mr. Niewiarowski's statement that the City favors a 20% expansion of JWA, Council Member O'Neil indicated that this is not necessarily the case. He reported that the Settlement Agreement is a multiparty Volume 54 - Page 423 City of Newport Beach City Council Minutes August 14, 2001 agreement between the City, County, SPON, and AWG. He stated that, as strong advocates of the quality of life in the City, Council understands that the expansion of JWA is probably the most serious problem the City is facing. He emphasized that the City is not voluntarily agreeing to increase JWA. Further, if the City has spent money for AWG to do reports on the V -Plan, he does not know anything about them. City Attorney Burnham reported that he received two public records requests seeking copies of reports analyzing the V -Plan that were apparently prepared by or on behalf of AWG using unrestricted City grant funds. He stated that he spoke to the Executive Director of AWG who indicated that he had only one piece of written material related to the V -Plan. Mr. Burnham reported that he responded to the request that the City did not have any information. Regarding the consultant's report, he indicated that there was a presentation made to OCRAA but he was not in attendance. Mr. Burnham agreed with Council Member Heffernan's statement that the City has granted $3.6 million to AWG whose campaign advocates the current County plan. K. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None. L. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 24. PLANNING COMMISSION AGENDA FOR AUGUST 9, 2001 [MEETING CANCELLED]. No action taken. M. PUBLIC HEARINGS 25. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL, PUBLIC HEARING AND LEVYING OF ASSESSMENTS FOR 2001 -2002 FISCAL YEAR. Senior Planner Berger stated that the Corona del Mar Business Improvement District (BID) will be beginning its sixth year of operation. He indicated that Council has received the BID's annual report, priorities, and budget outline. He reported that they have worked on the reforestation program along Coast Highway over the past year; received over $68,000 in assessments; and anticipate receiving over $54,000 in City matching funds. He indicated that they are asking that Council not change the boundaries or assessment amounts, and reported that no letters of protest have been filed with the Planning Department. Mayor Adams opened the public hearing. Walt Boice, 3500 E. Coast Highway, stated that he is a member of the BID. He expressed his gratitude for Council's past support and requested future support for their efforts in Corona del Mar. He stated that they hope to work on one median; amend the sign ordinance; and Volume 54 - Page 424 INDEX Planning (68) Res 2001 -74 Corona del Mar Business Improvement District (27) City of Newport Beach City Council Minutes August 14, 2001 install newspaper rack enclosures. He added that they will also be holding a festival. BJ Johnson, 23 Canyon Crest, Corona del Mar Chamber of Commerce Board Chairperson, encouraged Council to consider the renewal and expressed her appreciation for their support. Hearing no further testimony, Mayor Adams closed the public hearing. Council Member O'Neil stated that the BID is in his district and that he has been following their activities over the years. He indicated that they are extremely successful and well organized, and have very dedicated members. He noted that having no protests is a good sign of support. Motion by Council Member O'Neil to adopt Resolution No. 2001 -74 confirming the levying of assessments since the protests represented less than 50 percent of the total assessment amount. Council Member Bromberg stated that he has attended a number of their meetings and that their meetings are often times standing room only. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: Ridgeway, Glover 26. REVIEW AND APPROVAL OF AMENDMENTS TO THE FY 2000- 2001 AND FY 2001 -2002 COMMUNITY DEVELOPMENT BLOCK GRANT ONE -YEAR ACTION PLANS; REVIEW AND APPROVAL OF A SECTION 108 LOAN APPLICATION; AND ADOPTION OF RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT THE APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). Senior Planner Trimble reviewed the amendments involved with the Action Plan and the Section 108 Loan Application. He stated that they are also requesting that Council approve the submission of the Section 108 Loan. Mayor Adams opened the public hearing. There being no testimony, he closed the public hearing. In response to Council Member Heffernan's question, Mr. Trimble reported that the City has no prior Section 108 Loans. City Manager Bludau added that the Finance Department has reviewed the loan. Motion by Council Member Brombere to approve Action Plan Amendments and the Section 108 Loan Application; and adopt Resolution No. 2001 -75 authorizing submittal of the Section 108 Loan Volume 54 - Page 425 INDEX Res 2001 -75 CDBG Action Plans/ Section 108 Loan Application/ HUD Application (87) City of Newport Beach City Council Minutes August 14, 2001 N. to HUD. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: Ridgeway, Glover 27. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE — SEPTEMBER 12 - 15, 2001 IN SACRAMENTO. City Manager Bludau reported that Council Member Glover is the only Council Member who will be attending the conference. Motion by Mayor Adams to designate Council Member Glover as the City's Voting Delegate for the Conference. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: Ridgeway, Glover 28. MARINER'S VILLAGE PUBLIC IMPROVEMENTS PLAN: PRESENTATION OF PROPOSED PROJECT AND RECOMMENDATION TO AUTHORIZE PROFESSIONAL DESIGN SERVICES. Assistant City Manager Wood stated that this is a follow -up to the Design Framework and Strategic Vision for Mariner's Mile that was approved in October 2000 which includes recommendations for public and private property improvements within Mariner's Mile. She stated that one of the things the Strategic Vision recommends is the establishment of a pedestrian village between Riverside and Tustin Avenues. She reported that, with the approval of this year's budget, Council agreed that the City should be focusing public improvement dollars in this area because this is where the City can get the most impact for the least cost. She stated that City Lights Design Alliance has prepared the conceptual plan. Ms. Wood noted that this follows the same procedure that was done for the Balboa Village Improvement Plan. Keenan Smith, City Lights Design Alliance, utilized slides to review the public improvement plan. He stated that they recommended giving priority to this area because they felt it had an innate potential for becoming an active, pedestrian - oriented district. He added that the area is also in the middle of Mariners Mile, has a strong connection to the neighborhoods and waterfront, possesses traffic lights at Tustin and Volume 54 - Page 426 INDEX League of California Cities (61) Mariner's Village Public Improvement Plan (68) City of Newport Beach City Council Minutes August 14, 2001 INDEX Riverside Avenues trom Uoast Highway, and already possesses a pattern of streets and alleys that creates a backbone for a village to emerge. Mr. Smith pointed out that they hope to add a significant amount of landscape to improve the visual quality of the area. He stated that their attention will first turn to Coast Highway and includes a series of palms and box hedge planters along the right -of -way. Regarding Riverside Avenue, he reported that they propose to add more palms, assist the palms that are ailing, and add some type of traffic calming pavers. He indicated that a complete study of the pavers will be commissioned as part of the civil engineering portion of the proposal. Noting that Avon Street and Tustin Avenue are smaller streets, Mr. Smith stated that they propose to install trees and iron grates. He noted that the alley behind 2700 Coast Highway is a public alley that is about 30 feet wide, and that adding shade trees can provide a more pedestrian - friendly environment. Regarding the City parking lot, he reported that the Design Framework calls for all parking lots in Mariner's Mile to have shade trees and additional landscaping. Mr. Smith stated that it is their strong belief that the Mariner's Mile public improvements program could be a very important first step for Mariner's Mile as a whole. He indicated that, if the improvements are implemented, they will help strengthen the core of Mariner's Mile by enhancing its visual appearance, creating a more comfortable pedestrian environment, and rendering a more memorable and potentially more valuable piece to Newport Beach. Council Member O'Neil stated that one of the aesthetic problems along Riverside Avenue and Avon Street are the utility poles. Mr. Smith indicated that it would be great to underground the utility poles, but it is not included in the plan. He emphasized that their task is to do as much as possible with as little as possible. Council Member Heffernan asked if building a parking structure between Avon Street and the public alley was ever considered. Mr. Smith indicated that they believe a parking study should be conducted in this area since there is an imbalance of parking, noting that the restaurants along the water are short of parking. He reported, however, that several restaurants have agreements with property owners to provide parking at night. Council Member O'Neil stated that he and Council Member Glover, who represents this district, were elected in 1994 and that, even before being elected, she wanted to do something along Mariner's Mile and has worked very hard over the last six years to pull together a project like this to upgrade and beautify this area. He reported that Council Member Glover is in Washington, D.C. and that she called him this morning expressing that she wished she was at tonight's meeting. He indicated that she supports what is being proposed; however, there may be a need to look at the proposed contracts. Volume 54 - Page 427 City of Newport Beach City Council Minutes August 14, 2001 Motion by Council Member O'Neil to 1) approve Mariner's Village Public Improvements Plan in concept; 2) continue consideration of the agreement with Kirby & Company for design development to include landscape architecture, electrical engineering, lighting and irrigation; and 3) continue the solicitation of proposals for civil engineering. Mayor Adams stated he is supportive of the project and noted that designing and developing projects like this is one of his areas of professional expertise. However, he expressed concern that the City is considering retaining one firm for design development and having a separate civil engineering contract. He indicated that this leaves no one on the consultant side to be in charge of getting the project done and ensuring that all the elements are dealt with together. Mayor Adams reported that there is a potential for utility conflicts, noting that no one is sure if the palm trees are clear of utilities. He requested that staff look at alternative ways to get the design done and to have a lead consultant that is responsible for delivering the project and having the sub-consultants report to them. He added that he hopes the consultant will have extensive experience in dealing with CalTrans encroachment permits. He believed that, without a lead consultant, undue burden may be placed on City staff to act as the lead consultant. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: Ridgeway, Glover O. MOTION FOR RECONSIDERATION — None. P. ADJOURNMENT — 9:05 p.m. The agenda for the Regular Meeting was posted on August 8, 2001, at 2:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 54 - Page 428 INDEX