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HomeMy WebLinkAbout01 - 04-09-2002City Council Meeting April 23, 2002 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session April 9, 2002 - 4:00 p.m. ROLL CALL DRAFT Present: Heffernan, Bromberg, Glover (arrived at 4:20 p.m.), Adams, Proctor, Mayor Ridgeway Absent: O'Neil (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Heffernan asked if the Planning Commission item on the regular meeting agenda was considered a part of the Consent Calendar. Assistant City Manager Wood stated that it was not, and confirmed that questions regarding the item could be asked at the regular meeting. 2. PRESENTATION BY ORANGE COUNTY DIVISION OF LEAGUE OF CITIES. Ralph Bauer, President of the Orange County Division of the League of California Cities ( OCLCC) and a City of Huntington Beach council member, stated that the primary objective of the League of California Cities has been to propose and support legislation on behalf of cities. He noted that the League also does more than this and he introduced Janet Huston, Executive Director of the League, and Ann Marie Wallace, Grass Roots Coordinator. Mr. Bauer stated that the OCLCC hopes to maintain the things that are good about Orange County by working with the 34 cities, as well as the County. He stated that teambuilding and cooperation are important in working on the issues. Mr. Bauer stated that there is also an affiliation between OCLCC and the Orange County Council of Governments (OCCOG) and the Southern California Association of Governments (SCAG). He stated that SCAG has the legal requirement to do housing and transportation planning. Mr. Bauer stated that legislation is still important and the chief issue is to try to preserve money for the cities. Mr. Bauer stated that Ms. Wallace works for both Los Angeles and Orange counties, and tries to mobilize city resources and interact with the elected representatives in Sacramento to get them to understand the plight of the cities. Mayor Ridgeway stated that the 34 cities in Orange County are united on the John Wayne Airport Settlement Agreement. Mr. Bauer noted that there is a better relationship between the cities in South Orange County and North Orange County than there used to be. Volume 55 - Page 91 INDEX League of Cities Presentation (61) City of Newport Beach Study Session Minutes April 9, 2002 Ms. Wallace stated that she is the League's Regional Representative with the Grassroots Network Program. She noted that the program is a culmination of many years of effort and recognition by the League that a field program needed to be done in order to get the membership involved in protecting city services. Ms. Wallace stated that on May 7, 2002, the State Legislature will issue revised budget numbers. She noted that the current deficit is $17 billion. She stated that the League has well -timed legislative action days planned for May 15 and 16, 2002. She provided flyers and stated that it will be sponsored by a coalition of groups. INDEX Ms. Wallace stated that she would be reporting regularly to the OCLCC on the accomplishments of the grassroots program. She encouraged the City Council to provide her with any contacts they may know of and suggestions on how to engage more community partners. City Manager Bludau asked if the California State Association of Counties (CSAC) was working with the program. Ms. Wallace confirmed that CSAC is a full partner in the legislative action days. Mayor Ridgeway noted that the Newport Beach City Council hasn't participated well in OCLCC and hoped that the presentation at the current meeting would encourage better participation. He stated that the City of Newport Beach has particular interest in Assembly Bill 2333, the Nakano Bill. Ms. Wallace stated that Orange County is in opposition to the bill, while Los Angeles County has not yet taken a position. She added that she understands that some amendments to the bill are going to be submitted. She stated that the League currently has a watch position on the bill, but that anything punitive is usually not supported. Mayor Ridgeway additionally asked the League's position on Assembly Bill 1969, the Maddox Bill, which is legislation preventing the Orange County Sanitation District from filing for a 301 -H waiver. Ms. Wallace stated that she wasn't aware of the status of the bill. Council Member Glover noted that Representative Maddox represents part of Newport Beach. Ms. Wallace added that Mr. Maddox was the only Orange County Republican who did not sign a letter in the Fall of 2001 that asked the Governor to protect the revenues of cities. Mr. Bauer thanked the City Council for providing him the opportunity to make a presentation and encouraged the City Council members to attend the OCLCC meetings and become involved. He noted that OCLCC is making an impact by keeping track of 19 different regional organizations whose decisions affect the cities in Orange County. City Manager Bludau stated that Orange County is fortunate to have such governmental networking, which makes it the most active division in the State. 3. WATER QUALITY EDUCATION UPDATE [ORAL & VIDEO PRESENTATION] (contd. from 3/26/02). Mayor Ridgeway stated that other coastal cities are actively educating their citizens on water quality issues and that the Newport Beach Coastal/Bay Volume 55 - Page 92 Water Quality Education Update (51) City of Newport Beach Study Session Minutes April 9, 2002 Water Quality Citizens Advisory Committee will be requesting approval to do an educational tape to educate the citizens in Newport Beach. He stated that the video to be shown at the current meeting was produced by high school students in Dana Point. Assistant City Manager Kiff presented the two - minute video, entitled "A Water Quality Educational Video ". Mayor Ridgeway noted that education is an important component in improving water quality. Council Member Glover stated that if the City is serious about improving water quality, definitive projects with quantitative measures need to be done. She stated that her goal is to have the City spend $5 million to improve water quality, but she would like it spent on projects that directly affect the water. She noted from her experience on the Air Quality Management District (AQMD), that she has learned that you can't change people's habits. Assistant City Manager Kiff stated that proposals, such as those being recommended by Council Member Glover, would be included in the upcoming budget. INDEX Assistant City Manager Kiff stated that Newport Beach recently hosted a Water Quality Education Symposium for the Orange County Coastal Coalition. He stated that they discussed the different water quality education efforts throughout the County and learned which education programs were working and which ones were not. He noted that this met part of the City's obligations under the new National Pollutant Discharge Elimination System (NPDES) Permit, and that the educational plans would be done in conjunction with specific projects. Dolores Otting asked if the symposium was open to the public, noting that she only read about it in the Register on the day that it was held. She suggested that such symposiums in the future be better publicized so that more members of the public would have the opportunity to attend. Ms. Otting additional requested that a drain in Spyglass Hill Park that appears to be flowing into the storm drain be investigated. Assistant City Manager Kiff stated that the Orange County Coastal Coalition has met for two years on the last Thursday of the month at the Central Library. He stated that the meetings are open meetings and the public is invited to attend. 4. ANNEXATION UPDATE — SANTA ANA HEIGHTS & BAY KNOLLS. Mayor Ridgeway recused himself since he owns properties in the areas to be discussed. Assistant City Manager Kiff stated that the City filed the application to annex Newport Coast, East Santa Ana Heights and Bay Knolls in the fall of 2000, after extensive negotiations with Newport Coast. He stated that early in 2001, the annexation applications were separated into three different applications. The Newport Coast annexation was approved in November, 2001, and became effective on January 1, 2002. Assistant City Manager Kiff stated that the other two annexations were on hold pending the City of Volume 55 - Page 93 Annexation Update/ Santa Ana Heights & Bay Knolls (21) City of Newport Beach Study Session Minutes April 9, 2002 Costa Mesa filing to annex the areas neighboring East Santa Ana Heights and Bay Knolls. He stated that the Orange County Local Agency Formation Commission ( LAFCO) would be scheduling a workshop in May or June of the current year, with a hearing to most likely take place in July, 2002. INDEX Assistant City Manager Kiff displayed aerial photos of the two pending annexation areas. Additionally, he displayed a summary of the areas and noted that East Santa Ana Heights is approximately 194 acres with a population of 1,000 and 406 dwelling units, and Bay Knolls is approximately 55 acres with a population of 418 and 190 dwelling units. Assistant City Manager Kiff stated that Santa Ana Heights is part of a redevelopment area, which means that the increase in property taxes due to the improvements in the area are not available to an annexing city until at least 2035. Prior to then, the taxes go to the redevelopment agency to pay for the improvements. He noted that a redevelopment Project Area Committee (PAC) acts as the citizens advisory committee on all Santa Ana Heights issues, and is a required aspect of redevelopment law. Assistant City Manager Kiff stated that the Santa Ana Heights PAC is currently interested in using some of their redevelopment funds on a community center. He stated that the City might consider operating the center if the redevelopment agency would fund it. He noted that there is some revenue potential involved with the center. Additionally, City Manager Kiff noted that the City is looking for a permanent site for a fire station in Santa Ana Heights and would like to work with the redevelopment agency on the funding. He stated that there is some opposition from PAC regarding having the community center and the fire station on the same site. Assistant City Manager Kiff displayed aerial photos of potential sites for a community center and fire station. Council Member Glover stated that fire stations have traditionally been placed beside such things as community centers. She asked why the PAC would be objecting to this in their community. Assistant City Manager Kiff stated that he believes that they don't want to make any changes to their plans for the site they've chosen for the center. Council Member Glover stated that it makes economic sense to place municipal facilities together and that a community usually supports this concept. Assistant City Manager Kiff stated that another issue with Santa Ana Heights involves West Santa Ana Heights and the Santa Ana County Club, both of which are within Costa Mesa's sphere of influence. He displayed aerial photos of the areas, and stated that both are currently included in Costa Mesa's annexation application. He stated that the Costa Mesa and Newport Beach applications would be considered at the same time by LAFCO even though they don't conflict. Referring to the aerial photo, Assistant City Manager Kiff noted that the runway protection zone is not annexable. Per Council Member Proctor's question, Assistant City Manager Kiff stated that the Costa Mesa and Newport Beach applications do not conflict because the cities do not overlap in any of the areas they're asking to annex. Volume 55 - Page 94 City of Newport Beach Study Session Minutes April 9, 2002 Regarding the Bay Knolls annexation, Assistant City Manager Kiff stated that the residents in the area have been waiting a long time for the annexation and have expressed some frustration over the length of time it has taken. He stated that a recent change in the annexation is a suggestion by LAFCO to add the Churchill tract to the application. Assistant City Manager Kiff displayed an aerial photo of the tract. INDEX Assistant City Manager Kiff stated that although the hearings would begin this summer, the Santa Ana Heights application could be held up because of the desire by the West Santa Ana Heights residents to be annexed into Newport Beach. He stated that LAFCO will most likely not approve an application when there is not full agreement. Assistant City Manager Kiff stated that West Santa Ana Heights might protest the Costa Mesa application, although this could happen after the Newport Beach application is approved. Assistant City Manager Kiff added that the City Manager has written a letter to the County asking for assistance with the fire station. Assistant City Manager Kiff stated that other issues that need to be resolved include the decision on whether to add the Churchill tract in the Bay Knolls application and whether to support the community center request by Santa Ana Heights. Assistant City Manager Kiff stated that more information on the annexations could be obtained by accessing the Citys website or by contacting LAFCO. Council Member Glover asked if the City of Costa Mesa had any problems with the Churchill tract being added to the Newport Beach application. Assistant City Manager Kiff stated that Costa Mesa has already agreed that the tract would be more appropriate in Newport Beach. Council Member Glover stated that it is important for Newport Beach to continue to work in partnership with Costa Mesa. Barbara Venezia, Santa Ana Heights PAC member, stated that PAC is opposed to combining the fire station on the same site with the community center. She stated that they have an extensive plan on how to complete the community center. She added that they are also opposed to using PAC funds for the fire station. Ms. Venezia stated that the redevelopment agency has not approached PAC yet with the City's request. She stated that PAC has been working on and budgeted funds for undergrounding and trail issues, as well as the community center. She requested that PAC be included in discussions on the use of redevelopment funds. Robert Hanley, West Santa Ana Heights, stated that several months ago, he provided the City Council with a list of the issues that LAFCO has with the annexations. He stated that he has heard contradictory statements at the current meeting. Mr. Hanley stated that he is against dividing west and east Santa Ana Heights, and that West Santa Ana Heights needs to have better representation on the Santa Ana Heights PAC. Holly Jarvis, Santa Ana Heights resident, stated that PAC only recently Volume 55 - Page 95 City of Newport Beach Study Session Minutes April 9, 2002 INDEX heard of the City's desire to include the fire station on the same site as the community center. She stated that some of the opposition is that they weren't informed sooner, and have spent quite a bit of effort on their plans for a community center. Ms. Jarvis stated that the community center needs parking within the site and on an adjoining piece of property, which is currently for sale. She stated that timing is of the essence. Council Member Glover confirmed with Assistant City Manager Kiff that there would only be a small amount of revenue coming to Newport Beach prior to 2035, but services to the community would be provided. Council Member Heffernan asked if there were projections on the total expenditures needed to service the area. Assistant City Manager Kiff stated that the initial fiscal impact analysis was combined with the Newport Coast annexation. He stated that a separate analysis of Santa Ana Heights had not been completed, but he guessed that it would result in an approximate $200,000 annual loss to the City. Assistant City Manager Kiff stated that the temporary fire station in Santa Ana Heights was not set up solely to serve Santa Ana Heights. Council Member Heffernan stated that the issue of the fire station is a separate issue. He added that if the annexation of Santa Ana Heights would result in a net loss to the City and if the objections by the community continue, that there needs to be a valid reason to proceed with the annexation. Council Member Glover agreed that if the Santa Ana Heights community doesn't want to be a part of Newport Beach, the annexation should possibly be reconsidered. Assistant City Manager Kiff stated that it would be an option for the City to discontinue pursuit of the annexation. He added that he was disappointed that PAC didn't seem to be supporting the use of redevelopment funds for a fire station. Council Member Proctor asked for a report on when the pros and cons of the Santa Ana Heights annexation were discussed. Assistant City Manager Kiff stated that since East Santa Ana Heights is within the City's sphere of influence, Newport Beach is supposed to annex the area, although it is not actually required to do so by State law. He stated that in 1999, the City Council was encouraged by the County to include East Santa Ana Heights and Bay Knolls in the Newport Coast annexation application. He stated that later, the annexation areas were separated. City Manager Bludau added that when the decision was made to annex Newport Coast, it appeared to be a good time to include the City's other sphere of influence areas. Council Member Glover added that the County's encouragement played a factor in the City Council's decision to include the other areas in the Newport Coast application. She stated, however, that she didn't agree with continuing to pursue the Santa Ana Heights annexation separately if it would result in a revenue loss to the City and if the community didn't want to be a part of Newport Beach. She suggested that the item be agendized and discontinuance of the process be considered. She asked Council Member Heffernan for his views on the Newport Coast residents. Volume 55 - Page 96 City of Newport Beach Study Session Minutes April 9, 2002 Council Member Heffernan stated that he doesn't believe the Newport Coast residents feel as though they are a part of Newport Beach and they don't seem to have an interest in what is going on in other parts of the City. Council Member Adams stated that Newport Beach is a compilation of many annexations and that the same feelings were expressed during the prior annexations. Council Member Adams suggested that over time, the annexed areas will begin to feel more a part of the City. He asked if the City decided not to annex Santa Ana Heights, if the fire station idea would also be abandoned. Assistant City Manager Mff stated that if the area weren't annexed, at the conclusion of the lease, the fire station would be moved to within City boundaries. Council Member Adams asked if the fire station would continue to serve the Santa Ana Heights area. Fire Chief Riley stated that the automatic aid agreement between the City and the Orange County Fire Authority requires the parties to give and take based on shared resources. He stated that most likely the County would not add a fire station in Santa Ana Heights, that the City would continue to service the area and a trade may be made in another area. Fire Chief Riley stated that the City has no legal obligation to service the area, but that it would be appropriate. INDEX Council Member Heffernan stated that from what he understood, the temporary City fire station in Santa Ana Heights replaced a County fire station that was damaged. Council Member Heffernan asked if the City would be reimbursed for the fire station. Fire Chief Riley stated that the County would not be reimbursing the City because they provided services to the northern part of the City for over 30 years without substantial reimbursement. He added that the City has an obligation to provide fire protection in the airport area. Council Member Adams recalled that he supported adding a fire station to the Santa Ana Heights area because of the inequity of fire service in the northern parts of the City after the County fire station was damaged and because it made sense due to the likelihood of annexing Santa Ana Heights. He added that the City would most likely provide fire service, regardless of the annexation. Fire Chief Riley stated that the City Council could provide direction for the City not to provide services to the area. He stated that automatic aid agreements are done in many of the City's border areas and it provides a good way to provide services to all areas. Per Mayor Pro Tern Bromberg's' question, Fire Chief Riley stated that approximately 60% of the calls to the Mariner's Fire Station are for service requests to Costa Mesa. Using an aerial photo, Fire Chief Riley showed where the City's fire stations are located. He noted the bay, which is a detriment to the City's response capabilities, and the placement of fire stations in the southern portion of the City. Fire Chief Riley reflected on potential sites that ended up not being possible in the past, but could have eliminated the need for a new fire station in the northern part of the City. He stated that another way to avoid adding a new fire station might be to do a complete fire station analysis and possibly look at moving some of the fire Volume 55 - Page 97 City of Newport Beach Study Session Minutes April 9, 2002 stations. INDEX Council Member Heffernan asked how paramedic service was provided to the Newport Coast area prior to the annexation. Fire Chief Riley stated that the County was able to provide initial paramedic service from their station in Newport Coast. If advanced support was needed, Newport Beach or another County station provided the service. Mayor Pro Tom Bromberg stated that he understood that the Santa Ana Heights annexation would provide the City with more clout in issues involving the John Wayne Airport. City Attorney Burnham stated that if Santa Ana Heights were a part of the City, the City would have to grant consent before the County could construct any airport - related facility within the annexed area. Mayor Pro Tern Bromberg additionally asked if the Santa Ana Heights area was earmarked for construction of any airport facilities and City Attorney Burnham responded in the negative. Council Member Glover stated that it was initially believed that annexing Santa Ana Heights would provide additional influence, but that it no longer appears to be a factor. She asked if the City could release the Santa Ana Heights area from the City's sphere of influence. Assistant City Manager Kiff stated that LAFCO would most likely be reluctant to do so because City boundaries currently surround the area. Council Member Glover stated that the west and east portions of Santa Ana Heights could be kept together and possibly annexed into the City of Costa Mesa, which could also prohibit construction of airport facilities in the area. Greg Keal, Santa Ana Heights, stated that the concern for parking for the community center is legitimate. Mr. Keal confirmed with Assistant City Manager Kiff that access from Birch Street would be needed for a permanent fire station. Mr. Keal stated that he feels that the Santa Ana Heights area would be a good source of sales tax revenue. He stated that the entire property that PAC is looking at for the community center is needed. Dolores Otting stated that the John Wayne Airport will grow, regardless of the annexation of Santa Ana Heights. Additionally, Ms. Otting encouraged the other council members to attend a Newport Coast meeting with Council Member Heffernan. Ms. Otting asked how much the City expects the new fire station to cost and how much redevelopment money is available. Assistant City Manager Kiff stated that it is expected to cost $1.5 million and that redevelopment funds total approximately $30 million to $35 million. He stated that a portion of the redevelopment funds are committed to infrastructure needs. City Manager Bludau added that the redevelopment funds are also needed over a long period of time. Ms. Otting suggested that the City look at PAC's community center and try to incorporate it into the revenue figures. She added that she understands why the Santa Ana Heights residents are upset about the City contacting the County for assistance in funding of the fire station without their knowledge. Assistant City Manager Kiff stated that the City did correspond its priority projects to PAC. Volume 55 - Page 98 City of Newport Beach Study Session Minutes April 9, 2002 INDEX Don Webb, Newport Beach resident, stated that a substantial portion of the redevelopment agency revenue is generated from an area within the City's boundaries, per a prior agreement. He stated that it would make sense to spend part of this money on a fire station, or give the City a voice in how the funds are spent. Assistant City Manager Wood added that an agreement between the City and the County requires the tax increment generated from a part of the redevelopment area within the City's boundaries be spent in Newport Beach. Council Member Heffernan asked for a report on the process that would follow the approval of the annexation by LAFCO if a resident of Santa Ana Heights wanted to contest the decision. Assistant City Manager Kiff stated that if 25% or more of the registered voters in the area protest the approval during a specified time period, then the annexation would go to election. If 50% or more of the voters vote no, the annexation is stopped for a minimum of one year. The City Council, at any time, has the ability to pull the application sent to LAFCO. Council Member Glover stated that if people don't want to be a part of Newport Beach, why would the City want them. She stated that it wouldn't be in the best interest of the citizens. Mayor Pro Tem Bromberg stated that if the item is brought back to the City Council, he would be interested in hearing more about the airport issues involved with the annexation. City Manager Bludau stated that until the current meeting, the comments heard from the area have been positive about the annexation. He stated that the objections to the location of a fire station shouldn't necessarily be construed as their objection to being a part of the City. Mayor Pro Tem Bromberg stated that he would expect to hear additional comments from the residents if the item is reagendized. Council Member Adams stated that if no action is taken, the annexation process will continue. He stated that a decision also needs to be made on the Churchill tract. Mayor Pro Tem Bromberg suggested that the item be reagendized as soon as possible. City Manager Bludau stated that possibly the item could be discussed and action taken at a special City Council meeting starting at 4:00 p.m. Council Member Adams opposed the item being discussed prior to the regular meeting time of 7:00 p.m. Council Member Glover stated that the citizens of Newport Beach need to know that they would be subsidizing the annexation of the area. Per Council Member Heffernan's question, Assistant City Manager Kiff stated that the issue regarding the community center is a separate issue involving the expenditure of redevelopment funds and only became tied into the annexation when the City expressed an interest in using part of the funds for a fire station. Council Member Heffernan suggested that if the Volume 55 - Page 99 City of Newport Beach Study Session Minutes April 9, 2002 item is agendized, it would be a good time to explain the history of the property, who has been providing services for free, how the redevelopment system works and how much money is coming from the Newport Beach portion of the redevelopment area. INDEX Council Member Adams additionally suggested that the fiscal analysis for the area be updated and included with the staff report. He stated that it should also retain the contribution of Newport Coast, since the annexation was initiated with that in mind. 5. SKATEBOARDING SIGNAGE IN ]PARKS. General Services Director Niederhaus stated that the staff report provides an update on what has happened since the City Council approved upgrades to the City's skateboarding regulations in January, 2002. He noted the examples of the new signs that were on display at the current meeting, and stated that they were primarily installed at the entrances to City parks that were affected by the new regulations and areas where there had previously been problems. General Services Director Niederhaus admitted that the installation of some of the signs made it appear that skateboarding was completely prohibited in a park, when only certain areas of the park were affected. He stated that an alternative sign has been developed and addresses six park issues, which include alcoholic beverages, littering, park use hours, graffiti, dogs and skateboarding. Council Member Glover asked if the initial sign of a skateboard figure with a slash through it would still be used. General Services Director Niederhaus stated that the sign would still be used in locations where there is no skateboarding allowed at all. He stated that the alternative sign is specific on what cannot be done in the parks and will allow the Police Department to enforce the new regulations. Council Member Heffernan stated that the new sign should also list that skateboarding is not allowed on the streets. He stated that this would help parents enforce the laws. He thanked staff for responding to his comments of the City Council meeting of March 26, 2002, so quickly. Mayor Pro Tern Bromberg suggested that if there were any extra signs of the skateboard figure with the slash, a few could be placed on the bay fronts on Balboa Island. General Services Director Niederhaus stated that staff is redoing the markings on the sidewalks in that area. Mayor Ridgeway encouraged the use of signage on the sidewalks to avoid sign clutter. PUBLIC COMMENTS — None. ADJOURNMENT — 5:45 p.m. Volume 55 - Page 100 Skateboarding Signagein Parks (85) City of Newport Beach Study Session Minutes April 9, 2002 INDEX The agenda for the Study Session was posted on April 3, 2002, at 2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 55 - Page 101 CITY OF NEWPORT BEACH City Council Minutes DRAFT Regular Meeting April 9, 2002 - 7:00 p.m. INDEX - 4:00 p.m. CLOSED SESSION - 6:00 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, O 'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Absent: None. C. CLOSED SESSION REPORT - None. D. PLEDGE OF ALLEGIANCE E. INVOCATION - Reverend Lloyd H. Sellers, Hoag Memorial Hospital Presbyterian. F. PRESENTATION General Plan Update Neighborhood Workshops Announcement. Mayor Ridgeway announced that the workshop for District 4 will be held on April 10 from 7:00 p.m. to 9:00 p.m., and the workshop for District 3 will be held on April 11 from 7:00 p.m. to 10:00 p.m. He reported that both workshops are being held at Newport Harbor High School, the website is www.nbvision2025.com and kits for the neighborhood workshops can be obtained by calling (949) 644 -3235. Presentation of Proclamation for National Library Week Rediscover America @ Your Library. Library Board of Trustees Chairman Bartolic accepted the proclamation and thanked Council and the citizens of the City for their continued support. Proclamation to Elmer Bernstein. Mayor Ridgeway announced that the City will serve as host to the Third Annual Newport Beach Film Festival from April 11 to April 19. He read the proclamation honoring music composer Elmer Bernstein and stated that he will be presenting this to him on Sunday, April 14. Youth Council Presentation. Youth Council Members Meera Shukla, Warren Shaeffer, and Aaron Israel utilized a PowerPoint presentation to highlight the role, history, goals, and activities of the Youth Council. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Volume 55 - Page 102 City of Newport Beach City Council Minutes April 9, 2002 I. INDEX • Council Member Heffernan requested a study session item to discuss the cable right -of -way policy to address the upcoming third generation cellular phones and whether the City is going to be a landlord for what could be a lucrative income source. • Council Member Heffernan requested information about pier permits and whether they are at market rates. He stated that this issue can be deferred from becoming an agenda item so that the Harbor Commission can address it. • Mayor Pro Tem Bromberg announced that the American Cancer Society has selected Newport Beach as one of the cities to host the annual 24 -hour Relay for Life. He indicated that the event will be held at Newport Harbor High School on May 17 at 7:00 p.m. He stated that the City Manager is the Co- Chair of the event and has put together a team of 19 City employees. Mayor Pro Tom Bromberg indicated that he has a team of nine people so far. He noted that people can call the City Manager's office at 644 -3000 for more information. • Council Member Adams stated that the updated lists that the City Clerk's office provides is on the internet and that, in lieu of providing an updated committee list every other week, the City Clerk should send Council an email to let them know that the list has been updated on the internet. He believed that this could also turn into a Citywide paper reduction effort in which they look at getting rid of some of the hard copies, like the Municipal Codes, and rely more on the investment the City has made in the digital age. He indicated that, since this would be a change in how the City does things, it may be appropriate to discuss this at a study session. • Mayor Ridgeway acknowledged the Community Services Department for being the sponsor and mentor to the Youth Council. He specifically recognized Andrea McGuire, Darin Loughrey, and Sean Levin. CONSENT CALENDAR READING OF MINUTESIORDINANCES 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 INTRODUCTION 3. PROPOSED AMENDMENTS TO MUNICIPAL CODE ORDINANCE Ord 2002.8 2.20: EMERGENCY SERVICES ORDINANCE. Introduce Ordinance Emergency No. 2002 -8 and pass to second reading on April 23, 2002. Services (41) ORDINANCES FOR ADOPTION 4. CAMCO PACIFIC CONSTRUCTION COMPANY (PA2001 -157) — 1811 Ord 2002 -6 QUAIL STREET — RE- ADOPTION OF A PLANNED COMMUNITY GPA 2001 -004 DEVELOPMENT TEXT AMENDMENT TO NEWPORT PLACE PA 2001 -157 PLANNED COMMUNITY BLOCK G & H, PERMITTING A 1,590 NET Camco Pacific/ SQUARE FOOT ADDITION TO AN EXISTING OFFICE BUILDING 1811 Quail Street Volume 55 - Page 103 City of Newport Beach City Council Minutes April 9, 2002 LOCATED AT 1811 QUAIL STREET. Adopt Ordinance No. 2002 -6 approving Planned Community Development Text Amendment 2001 -002. 5. PACIFIC REPUBLIC CAPITAL OFFICE BUILDING (PA2001 -161) — 1150 GRANVILLE DRIVE — ADOPTION OF RESOLUTION NO. 2002 -27 FOR SITE PLAN REVIEW NO. 2002 -001 AND MODIFICATION PERMIT NO. 2002 -029 FOR AN 8,000 SQUARE FOOT PROFESSIONAL OFFICE BUILDING APPROVED ON MARCH 26, 2002; AND ADOPTION OF ORDINANCE NO. 2002 -7 APPROVING CODE AMENDMENT 2001 -003. Adopt Resolution No. 2002 -27 to approve Site Plan Review No. 2002.001 and Modification Permit No. 2002 -029; and 2) adopt Ordinance No. 2002 -7 approving Code Amendment 2001 -003. RESOLUTIONS FOR ADOPTION 6. GENERAL PLAN UPDATE FISCAL & ECONOMIC STUDIES: AUTHORIZATION OF EXAMINATION OF SALES AND USE TAX RECORDS. Approve Resolution No. 2002 -28 authorizing examination by ADE of sales and use tax records for use in preparation of fiscal and economic studies related to the update of the City's General Plan. Removed at the request of an audience member. CONTRACTS AND AGREEMENTS 8. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH URBAN CROSSROADS, INC., FOR TRAFFIC MODEL UPDATE SERVICES. 1) Approve the Professional Services Agreement for Traffic Model Update Services with Urban Crossroads, Inc., of Irvine, California, at a contract price of $189,585 for the project; 2) authorize the Mayor and City Clerk to execute the Agreement; and 3) authorize the Public Works Director to proceed with Phases I, II, and III of the Traffic Model Update. 9. COOPERATIVE AGREEMENT BETWEEN THE CITY OF IRVINE AND THE CITY OF NEWPORT BEACH FOR THE INSTALLATION OF MEDL4,N LANDSCAPING ON JAMBOREE ROAD BETWEEN CAMPUS DRIVE AND BRISTOL STREET. Continued to the April 23, 2002, Council meeting. 10. PROFESSIONAL SERVICES AGREEMENT FOR JAMBOREE ROAD STREET REHABILITATION FROM BISON AVENUE TO UNIVERSITY DRIVE. Approve a Professional Services Agreement with Dewan, Lundin & Associates for professional engineering services for a contract price of $40,418. 11. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH RIVERTECH, INC., FOR MORNING CANYON DRAINAGE STUDY AND RESTORATION ANALYSIS. Approve a Professional Services Agreement with Rivertech, Inc., of Laguna Hills, California, for preparation of the Morning Canyon Drainage Study at a contract price of $38,270 and authorize the Mayor and City Clerk to execute the Agreement. 12. Removed at the request of an audience member. Volume 55 - Page 104 INDEX Ord 2002.7 Res 2002.27 GPA 2001.003 PA 2001 -161 Pacific Republic Capital/ 1150 Granville Drive (45) C- 3521/Res 2002 -28 General Plan Update Fiscal & Economic Studies (38) C -3524 Traffic Model Update Services (38) C -3459 Jamboree Road Median Landscaping (38) C -3525 Jamboree Road Street Rehabilitation (38) C -3517 Morning Canyon Drainage and Restoration Analysis (38) City of Newport Beach City Council Minutes April 9, 2002 INDEX [YrrJ UGLLdr1YGV UJ N1.'t [VIYJ 13. BUDGET AMENDMENT TO APPROPRIATE ADDITIONAL AQMD BA -037 SUBVENTION FUNDS FOR ELECTRIC VEHICLE PROGRAM. Electric Vehicle Approve a budget amendment (BA -037) in the amount of $58,438 from the Program AQMD Subvention Fund unappropriated balance to fund lease costs (40/44) associated with the Electric Vehicle Program. S20. Removed at the request of Mayor Ridgeway. S21. Removed at the request of Mayor Ridgeway. Motion by Mayor Pro Tern Bromber¢ to approve the Consent Calendar, except for those items removed (1, 7, 12, S20, and S21), and noting the continuation of Item No. 9. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 26, 2002. Jim Hildreth, 120 The Grand Canal, referenced volume 55, page 76, and stated that he wants to make sure that the letter he presented is on file. He believed that his statements relative to the four accomplishments about City Manager Bludau, paying his salary from dock rental revenue, and a reference to a March 22, 2002, Daily Pilot article should be included in the minutes. He also noted that his public comments (page 80) were shortened, his objections were not listed, and that he would have read the last paragraph of his letter if he had more time. Regarding page 89, he stated that he also indicated that he was not giving up his rights then or at any Council meeting to speak publicly. He added that his statement should be reworded to reflect that the drivers do not know where they are going down the road, are getting lost, and do not realize that they can make a turn at the end of the street. Further, drivers should be trained to drive the buses and know where they are going. Motion by Council Member Glover to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: Proctor Absent: None 7. CITY ATTORNEY EMPLOYMENT AGREEMENT — PROPOSED C- 3003/Res 2002 -29 MODIFICATION TO COMPENSATION. City Attorney Compensation (38) Volume 55 - Page 105 City of Newport Beach City Council Minutes April 9, 2002 Jim Hildreth, 120 The Grand Canal, noted that the City Attorney is getting a 60/a raise, which is still less than the City Manager's pay. He believed that the City Attorney has done a great service to the community by saving them from litigation. He also noted that the City Attorney is getting less for physical exams than the City Manager. Motion by Council Member O'Neil to adopt Resolution No. 2002 -29 adjusting the compensation of the City Attorney. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None 12. PROJECT STATUS & APPROVAL OF AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS FOR THE BALBOA VILLAGE IMPROVEMENT PROJECT. Jan Vandersloot, 2221 E. l&h Street, stated that he is a member of the Stop Polluting Our Newport (SPON) tree committee. He believed that this is an opportunity for Council to review the tree situation on Main Street and possibly vote to preserve or retain as many of the 25 trees as possible. Mayor Ridgeway noted that the issue before Council is for an amendment to a contract. Mr. Vandersloot believed that his comments are relevant since Council is talking about the planning and design for Phase 2. Council Member Adams noted that this will be taken up by the Parks, Beaches & Recreation Commission (PB &R) and needs to go through the proper process. City Manager Bludau reported that this issue would only come before Council if it is appealed. He confirmed that, pursuant to the G -1 Policy, PB &R is the entity that looks at protected trees on the list and noted that some of the ficus trees are on the list. Dr. Vandersloot stated that the ficus trees are on the special tree list which has certain protections that are not present in the project. Noting that citizens cannot appeal a PB &R decision as of the last G -1 Policy update, he believed that it is appropriate for citizens to comment when the issue is before Council. Dr. Vandersloot pointed out that special City trees have a different policy than all other City trees. He reported that the section about special City trees states that special trees shall be retained unless there are overriding problems, such as death, disease, or the creation of a hazardous situation which requires their removal. However, he believed that this is not appropriate in this case and that the City is following the "all other City trees" section. He indicated that Arborist Alden Kelly is also in attendance tonight to address whether the trees can be modified so they can be retained in the improvements. Dr. Vandersloot requested that Council change their decision and preserve as many or all of the trees as possible. Mr. Bludau reported that the G -1 Policy specifically gives the initial determination relative to special tree removals to PB &R and stated that anyone who wants to present evidence has the opportunity to do so before PB &R. He indicated that their decision is final or can be called up by Council. Volume 55 - Page 106 INDEX C- 3333 -D BA -038 Balboa Village Improvement Project (38/40) City of Newport Beach City Council Minutes April 9, 2002 Motion by Council Member O'Neil to 1) approve Amendment No. 6 to the Professional Services Agreement with Psomas for the Balboa Village Improvement Project in the amount of $91,215 (the amendment supplements the Phase 1 construction services budget and provides a design budget to revise the construction and bid documents for Phase 2; and also provides for a time extension to the agreement); 2) authorize the Mayor and City Clerk to execute Amendment No. 6; and 3) approve a budget amendment (BA -038) approving the transfer of funds in the amount of $12,179 from Account No. 7181- C5100070 to Account No. 7181- C5100543. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Proctor, Mayor Ridgeway Noes: None Abstain: Adams Absent: None S20. RESOLUTION ACCEPTING FUNDS FROM THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, SANTA ANA REGION AND ESTABLISHING THE NEWPORT BAY MAINTENANCE DREDGING AND TOTAL MAXIMUM DAILY LOAD COMPLIANCE ACCOUNT. Assistant City Manager Mff reported that the resolution authorizes the City to accept a $3.8 million grant from the Regional Water Quality Control Board for long term dredging. Mayor Ridgeway noted that Council received the recommended amendments to the resolution. He stated that he is the Chair and Mayor Pro Tem Bromberg is the Vice Chair of the Coastal/Bay Water Quality Citizens Advisory Committee and that they are recommending that the name of the account be changed to the Robinson - Skinner Annuity in honor of Frank and Fran Robinson and Jack and Nancy Skinner who have been vigilant about Back Bay and clean water issues. Mayor Pro Tern Bromberg noted that Jack and Nancy Skinner attend the Coastal/Bay meetings and that the amount of knowledge he has gained from them is incredible. Nancy Skinner, 1724 Highland Drive, stated that she read the revised resolution and believed that the amendments are excellent. However, she indicated that, if Council is inclined to deny the resolution based on the proposed name, she wants them to think of a different name. She thanked Council for the honor and stated that they are very humbled by it. Jack Skinner, 1724 Highland Drive, stated that he serves as the environmental representative on the Newport Bay Watershed Management Committee. He expressed his support for the revised resolution and thanked Regional Board Executive Officer Gerald Thibeault, Ken Theisen of the Regional Board, Tom Rossmiller of the County, and Assistant City Manager ME He believed that the annuity will discourage the State from using the funds to pay off current or future budget deficits, and noted that the Army Corp of Engineers requires that the participants provide assurances that they will provide for the long term maintenance of the restored areas of Upper Newport Bay. He stated that, when the Corp presents their budget request for over $32 million to Congress, the support from communities will reinforce the commitment that is needed to back up the Corp's request. Volume 55 - Page 107 INDEX Res 2002 -31 Newport Bay/ Robinson- Skinner Annuity (51) City of Newport Beach City Council Minutes April 9, 2002 Mayor Ridgeway stated that the Skinners are an indispensable resource for the clean water that the City is heading towards. He added that this is also true for the Robinsons who established the Back Bay Regional Park. Motion by Council Member Glover to adopt amended Resolution No. 2002 -31 accepting up to $3,800,000 from the Regional Board and establishing the Robinson - Skinner Annuity. City Manager Bludau pointed out that the Regional Board received the $3.8 million from the Trader Oil Spill and saw fit to let the City oversee the money and its use which will be going toward the Upper Bay. He stated that this is happening at a time in which cities and regional boards are at odds throughout the State. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None S21. MARINE STUDIES CENTER (SHELLMAKFR ISLAND) — MEMORANDUM OF AGREEMENT AND RECEIPT OF FUNDS. Regarding the scope of work (Exhibit A, Item 1), Mayor Ridgeway noted that it limits the tidepools to inside the 22,000 square foot building; however, in other places in California, like Monterey and the Long Beach Aquarium, they have outdoor and indoor tidepools. He suggested that the scope of work include both outdoor and indoor tidepools. City Attorney Burnham stated that they have had discussions with the Department of Fish and Game's (DFG) staff who may require that the City enter into a formal contract, rather than a Memorandum of Agreement, in order to access the Federal fund money to proceed with the project. Further, they want the City to prepare a timeline which will be added to the scope of work budget. Motion by Mayor Pro Tem Bromberc to 1) authorize the City Manager to execute a contract with the Department of Fish and Game, including an estimated budget and an amended scope of work; and 2) authorize the acceptance of $1,000,000 from the California Department of Fish and Game for the purposes described in the contract. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None K. PUBLIC COMMENTS Bonita Young, 1280 Bison, stated that she was the girlfriend of the late Gary Holdren, the inline skater from the Back Bay accident. She indicated Volume 55 - Page 108 INDEX C -3460 Marine Studies Center/ Shellmaker Island (38) City of Newport Beach City Council Minutes April 9, 2002 INDEX that, since the coroner's report, many questions have remained unanswered but they have private investigators looking into the matter. She pointed out that the one issue that still remains is that kids are throwing things off the Bluffs and causing vandalism in the area. She stated that she knows this because she canvassed the area and received over 100 emails and 75 phone calls from people who tell her that kids are paintballing in the front yards and hitting cars and homes; throwing softballs, tennis balls, and rocks at the Corona del Mar High School track team; and freezing paintballs to kill the ducks. She stated that some of the retired people do not want to come forward for risk of retaliation to their homes and property. Ms. Young indicated that it is extremely easy to buy a paintball gun at Walmart and Kmart. She reported that the stores only require that the person be over 18 years old and added that they don't even ask for their name or phone number. She stated that the Back Bay area is beautiful, but what happened to her boyfriend is tragic. She expressed hope that this area can become safer. Pam Nestande stated that she is the Chair of the Newport Beach Spring Antiques Show which is a charitable event put on the by the Lido Isle Women's Charitable Foundation. She indicated that they are supporting ten charities this year. She stated that the event will be held April 12 to April 14, 2002, at the Newport Dunes Waterfront Pavilion with over 50 dealers and three lectures. She invited Council and everyone in the City to attend the event and stated that people can call (949) 451 -4546 for more information and tickets. She reported that the tickets are $12 and that this is the only money which goes toward the charities. Linda Duffy expressed concern relative to the joint use library that is being proposed next to Mariners Elementary School. She believed that there is some risk in putting a public library close to an elementary school. She reported that, with the American Library's current lawsuit to eliminate all internet filtering in libraries and the repeal of the Children's Internet Protection Act, pornography is accessible in the libraries. Ms. Duffy added that, with public access to the libraries, convicted sex offenders who have served their sentence have the right to access the libraries every day they are open, including school days. She noted that the Daily Pilot wrote a few months ago that there were nine sex offenders in Newport Beach, 54 in Costa Mesa, and over 60,000 in the State who are on parole or in prison. She stated that there will be a lot of security issues with having a public library that gives pedophiles an excuse to be within 50 yards of children every school day. She stated that this needs to be explored fully before the library moves forward. Mayor Ridgeway stated that he attended a joint meeting with the Newport - Mesa Unified School District. He reported that the joint use library will be designed to have a separate entrance and library for the students, and added that they will never mix with the public. Cage Morgan, 110% Opal Avenue, eighth grader and Boy Scout in Troup 746, stated that he proposes that the City build a skateboard park for all the local skateboarders. He believed this would be good for skateboarders and property owners because of the toll skateboarding takes on ledges and properties. He added that this would also greatly reduce property damage to public and private buildings because kids would rather skate at a skateboard park than in front of buildings. He added that a skateboard park would also allow the City to save the money that would have been Volume 55 - Page 109 City of Newport Beach City Council Minutes April 9, 2002 lQi1T61:/ spent on skate stoppers. Further, it would give kids a place to go and something to do after school which could prevent drug abuse and destructive behavior. Aaron Israel, 2104 Fuentes, stated that he is a student at Corona del Mar High School where a number of students are paintballers. He indicated that they feel the paintball incident was a tragedy and that everyone was saddened when they found out that the gentleman died. However, the conversation was still about weekend paintballing during the breaks. He stated that his friends and others paintball and take it very seriously, using fully automatic weapons with extended magazines. He believed that this is dangerous, especially when taken outside authorized locations in which security can handle attacks. He expressed the opinion that greater restrictions on who can possess and use paintball guns in the City should be imposed. He stated that he is not a paintballer. In response to Council questions, Mr. Israel indicated that his friends go to a park where paintballing is permitted; however, as Student Court Chief Justice at his school, he is aware of people who do not use the parks to go paintballing. He stated that, if he had knowledge of who was doing this, he would take a stance against it. He indicated that no one at his school has been suspended or removed from school over a paintball incident on campus; however, there was a rumor a month ago that a paintball was fired into a classroom. He noted that his court does not deal with suspensions, so he is not sure if those students were suspended or not. Mayor Ridgeway clarified that the autopsy indicated no evidence that the victim was hit with a paintball. Brett Hanrahan, 1484 Port Seabourne Way, stated that he is in Troop 746 and is the leader of his patrol. He indicated that most of the kids feel it is silly to ban skateboards, rollerblades, etc. from certain areas. He added that they understand why go -peds were banned, but not the others. He noted that most parks, schools, Fashion Island, and churches have banned these transportation vehicles. He stated that he understands why this was done at churches and Fashion Island; however, he cannot understand why they are banned at parks and schools if kids are just riding through and not tearing the place up or endangering people. He expressed the opinion that, if they are going to be banned, the City should build more skate parks so kids have a place to ride. Trevor Swinney, 2029 Port Bristol Circle, Boy Scout in Troup 746, believed that the City should build a skateboard park because it would be good for the kids around Newport Beach. He noted that kids mostly skateboard around schools and parks which is not allowed. He added that both the City and parents would not have to worry if there was a place skateboards were allowed to have fun in and enjoy skateboarding without getting in trouble or hurting public property. He stated that they could skateboard near Palace Park, but they still have to pay to get in. Further, it is too small and too far away. He believed that kids would be close and ride to the skate park if it were built near housing communities. He noted that there are a lot of baseball and soccer fields, but those sports are not always in season; however, kids like to rollerblade and skateboard year- round. Mayor Ridgeway stated that the City Manager has been instructed to talk to the Costa Mesa City Manager and look at a joint use facility in a commercial Volume 55 - Page 110 City of Newport Beach City Council Minutes April 9, 2002 INDEX area. He noted that a skateboard park would probably never be built in a residential area. John Packer, 1951 Port Weybridge, Troop 746 Scoutmaster, stated that most of his Scouts are from the City. He reported that they are finishing up their Citizenship in the Community Merit Badge and one of the requirements was to write a mock letter to the Mayor. He stated that he reviewed most of the letters and noted that they mainly complained about the lack of skateboarding areas. He stated that he surveyed his scouts and found that basketball and skateboarding are their favorite sports. Council Member Heffernan stated that many of the Scouts are from the Port Streets and noted that the skateboarding signs have come down because the City determined that they should not have been erected. He reported that skateboarding is allowed through Buffalo Hills Park and San Miguel Park. Russell Niewiarowski, 20102 lGine Drive, Santa Ana Heights, stated that he is President of the New Millennium Group who is sponsoring and promoting an alternative airport at El Toro. He indicated that the Reasonable Airport, Park and Nature Preserve Initiative is currently on the street and reported that they are collecting the 72,000 signatures needed to qualify for the November ballot. He encouraged residents to participate in their campaign and indicated that there is no negative impact to the City by the proposed flight paths. He stated that the initiative and exhibits are on their website (www.ocxeltoro.com). He believed that the City and County have promoted a flawed airport plan for six years and stood behind it because it was the County- sponsored plan. He emphasized that the benefit of the initiative is that it limits John Wayne Airport from expansion. He asked that, instead of spreading negative comments and misinformation, Council stay silent if they do not know the facts about the plan. Dolores Otting believed that there is no better city than Newport Beach and commended City staff for working hard every day. Noting that there is a closed session prior to almost every meeting, she referenced a printout from the League of California Cities website which states that, if an action is taken following a closed session, a legislative body must provide an oral or written report on certain actions taken and the vote of every elected member present. Further, the timing and content of the report varies according to the reason for the closed session and announcements may be made at the site of the closed session so long as the public is allowed to be present to hear them. She believed that there has not been very many reports and that she cannot remember seeing a vote. City Attorney Burnham stated that he can guarantee that Council has orally reported any decision made in closed session that the Brown Act required them to report. Jim Hildreth, 120 The Grand Canal, stated that he has yet to receive a signed "For Review and Signature' which was dated March 12, 2002, from the City and presented another copy. He referenced the January 8, 2002, minutes (volume 54, page 660) and noted that there is no Harbor Resources Manager. He stated that he sent a letter to Tony Melum, Division Manager of the Harbor Resources Department, but received an unsigned letter back which indicates that Mr. Melum is the Director of Harbor Resources. He noted that this letter also states that there will be no access. He reported that a November 9, 1999, letter indicates that the City was constructing steps down, but did not state that he or his family were the only ones using the ladder. He noted that former Public Works Director Webb and current Volume 55 - Page 111 City of Newport Beach City Council Minutes April 9, 2002 Public Works Director Badum know that the Americans with Disabilities Act (ADA), Title 2, affects the City. He added that City Manager Bludau told him that he is not insured for the use of the ladder. He believed that the ladder was not designed for him, therefore, the City has made an attempt to allow public access. He utilized enlarged photos and stated that he believes that the structure that was removed was a feasible access structure, and that the ladder did not meet the codes. The letters he presented are on file in the City Clerk's office. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES — None. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR APRIL 4, 2002. Assistant City Manager Wood reported that the Wine Gallery's request was approved to allow wine tasting and education, as well as the existing retail store. Ms. Wood reported that the Pacific Bay Homes project (One Ford Road) requested an amendment to the Planned Community (PC) Development Text to allow full kitchens in the guest cottages which would make them similar to second units. She stated that some of the Commissioners thought this was a policy issue that would have Citywide implications and expressed concern about enforcement restrictions to prevent the units from being occupied by a second household. She indicated that the Commission denied the request by a 4 -2 -1 vote. She noted that this can be appealed by the applicant or called up by Council. Ms. Wood stated that the Commission considered a request for a variance and modification for a new house at 201 Apolena Avenue. She reported that the Commission granted the variance for the floor area, noting that the lot had been reoriented and was being penalized in the amount of allowed floor area because of the setbacks. She stated that, for this reason, the Commission made the findings for the variance. She reported that, since there was some concern over the setback modification, the Commission referred this to the Modifications Committee rather than have them redesign the project. In response to Council Member Glover's questions regarding the One Ford Road project, Ms. Wood reported that Pacific Bay Homes still owns 11 of the lots that are allowed to have guest cottages, but now they want to install full kitchens. She noted that this would make them independent dwelling units. She reported that some of the houses have the ability to have guest houses, but without full kitchens. Council Member Glover stated that she thought there were only one or two places in the City that were allowed to do this and that she was not aware that the City was allowing this again. Ms. Wood noted that granny units are allowed in some parts of the City; however, this PC only allows certain houses to have a guest cottage consisting of just a bedroom and bathing facility. She stated that the requested change would convert them more into granny flats. City Attorney Burnham noted that there is no age restriction on any of the guest suites or cottages. Council Member Glover stated that, when people came before Council years ago, it was based on square footage of the property versus the dwelling. Mr. Burnham reported that there are maximum floor area Volume 55 - Page 112 INDEX Planning (68) City of Newport Beach City Council Minutes April 9, 2002 provisions for granny units, but they are not permitted in all residential districts. Council Member Glover indicated that she was not aware that the City was putting them in any of the new housing developments. Mr. Burnham stated that he also was not aware; however, these guest cottages are specifically permitted in the PC Development Text that was adopted in conjunction with the project. Regarding the Apolena Avenue project, Ms. Wood confirmed for Mayor Pro Tern Bromberg that the project was bifurcated and that the only issue being sent to the Modification Committee relates to the setback. She stated that this will be going to the Committee on April 17, 2002. Mayor Pro Tom Bromberg requested that he be notified of the outcome. Council Member Heffernan asked about the status of the Temple. Ms. Wood reported that the Environmental Quality Affairs Citizens (EQAC) Advisory Committee is going to be discussing the comments on the Notice of Preparation for the Environmental Impact Report (EIR) on April 15, 2002, and the Planning Commission public hearing will be held in July 2002. Motion by Mayor Pro Tem Bromberg to receive and file written report. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None O. CONTINUED BUSINESS (taken out of order) 16. REVIEW OF THE PLANNING COMMISSION DECISION ON THE VAN CLEVE APPEAL (PA 2002 -002) (contd. from 2/26/02). 17. APPEAL OF A STAFF DENIAL FOR STRUCTURAL ENCROACHMENTS WITHIN THE PUBLIC RIGHT -OF -WAY ADJACENT TO 2100 W. OCEAN FRONT (N2002 -0035) (contd. from 3/26/02). Motion by Council Member O'Neil to continue Item No. 16 indefinitely and continue Item No. 17 to the May 14, 2002, Council meeting. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None N. PUBLIC HEARING 15. REVIEW, APPROVAL AND SUBMISSION OF THE FY 2002 -2003 COMMUNITY DEVELOPMENT BLOCK GRANT ONE -YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). Volume 55 - Page 113 INDEX PA2002- 002/Van Cleve Appeal/213 Coral (68) N2002.0035 Structural Encroachments/ 2100 W Ocean Front (65) FY 2002 -2003 CDBG One -Year Action Plan (87) City of Newport Beach City Council Minutes April 9, 2002 Q Associate Planner Trimble stated that this is a follow -up to the March 26, 2002, meeting. He reported that the total grant for the upcoming year is $490,000 ($73,500 for public service grants, $98,000 for administration, and $318,500 for public facilities improvements). He noted that $153,000 of the $318,500 will be budgeted to repay the Section 108 grant for the Balboa Village Improvement Project. He indicated that, if approved, staff will finalize the Action Plan and send it to HUD by April 15, 2002. He thanked Consultant Rudy Munoz of LDN Associates for his assistance. In response to Mayor Ridgeway's question regarding the 100 unit senior housing project (handwritten page 19), Mr. Trimble reported that this is an existing project at Seaview Lutheran. Motion by Mayor Pro Tem Bromberg to approve the 2002 -2003 One- Year Action Plan. Mayor Ridgeway opened the public hearing. Hearing no public testimony, he closed the public hearing. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None 18. HARBOR COMMISSION APPOINTMENTS. Mayor Pro Tom Bromberg reported that, considering how much of the City's business and activity is centered around the Harbor, the City will soon have seven people on the Harbor Commission who will have authorities similar to the Planning Commission. He indicated that the hard part is voting for only one person in each seat. City Clerk Harkless read the votes, as follows: Council Member Heffernan — Timothy Collins (Seat No. 1); John Corrough (Seat No. 2); Marshall Duffield (Seat No. 3); Donald Lawrenz (Seat No. 4); Ralph Rodheim (Seat No. 5); Paulette Pappas (Seat No. 6); and Seymour Beek (Seat No. 7) Council Member Proctor — Gregory Ruzicka (Seat No. 1); John Corrough (Seat No. 2); Marshall Duffield (Seat No. 3); Donald Lawrenz (Seat No. 4); Ralph Rodheim (Seat No. 5); Paulette Pappas (Seat No. 6); and Linda Mongno (Seat No. 7) Council Member Adams — Timothy Collins (Seat No. 1); John Corrough (Seat No. 2); Marshall Duffield (Seat No. 3); Donald Lawrenz (Seat No. 4); Ralph Rodheim (Seat No. 5); Paulette Pappas (Seat No. 6); and Seymour Beek (Seat No. 7) Volume 55 - Page 114 INDEX Harbor Commission (24) City of Newport Beach City Council Minutes April 9, 2002 12 Council Member Glover — Timothy Collins (Seat No. 1); John Corrough (Seat No. 2); Marshall Duffield (Seat No. 3); Donald Lawrenz (Seat No. 4); Ralph Rodheim (Seat No. 5); Paulette Pappas (Seat No. 6); and Seymour Beek (Seat No. 7) Mayor Pro Tem Bromberg — Timothy Collins (Seat No. 1); John Corrough (Seat No. 2); Jeff Gordon (Seat No. 3); Laura Acocella (Seat No. 4); Ralph Rodheim (Seat No. 5); Paulette Pappas (Seat No. 6); and Seymour Beek (Seat No. 7) Council Member O'Neil— Timothy Collins (Seat No. 1); Richard Stevens (Seat No. 2); Marshall Duffield (Seat No. 3); Donald Lawrenz (Seat No. 4); Ralph Rodheim (Seat No. 5); Paulette Pappas (Seat No. 6); and Seymour Beek (Seat No. 7) Mayor Ridgeway — Timothy Collins (Seat No. 1); John Corrough (Seat No. 2); Jeff Gordon (Seat No. 3); Donald Lawrenz (Seat No. 4); Ralph Rodheim (Seat No. 5); Paulette Pappas (Seat No. 6); and Seymour Beek (Seat No. 7) City Clerk Harkless announced the Harbor Commission appointments of Timothy Collins to Seat No. 1; John Corrough to Seat No. 2; Marshall Duffield to Seat No. 3; Donald Lawrenz to Seat No. 4; Ralph Rodheim to Seat No. 5; Paulette Pappas to Seat No. 6; and Seymour Beek to Seat No. 7. Mayor Ridgeway congratulated the appointees and stated that this was a very qualified group. He expressed his appreciation to them because this is new territory for the City and there is a lot of work to be done. 19. SOBER LIVING PROGRAM. Motion by Mayor Pro Tern Bromberg to adopt Resolution No. 2002 -30 adopting Orange County Adult Alcohol and Drug Sober Living Facilities Certification Guidelines. In response to Council Member Proctor's questions, City Attorney Burnham stated that the relationship between this and any City zoning ordinance is separate. He stated that there is virtually nothing the City can do from a zoning or land use standpoint with respect to sober living facilities that have six or fewer residents, but there may be some things the City can do for facilities that house more than six residents. However, he reported that relatively recent amendments to the Fair Employment Housing Act and other Federal laws have caused most municipal practitioners to exercise extreme caution with respect to any zoning ordinance that singles out a sober living facility or a facility that is designed to house anyone that may be covered by the Americans with Disabilities Act (ADA). He confirmed that the Department of Housing and Urban Development (HUD) can file a lawsuit against the City for massive penalties. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Volume 55 - Page 115 INDEX Res 2002 -30 Orange County Sober Living Program (54) City of Newport Beach City Council Minutes April 9, 2002 Abstain: None Absent: None Q. MOTION FOR RECONSIDERATION - None. R. ADJOURNMENT - at 8:50 p.m. in memory of Anne Gronsky. The agenda for the Regular Meeting was posted on April 3, 2002, at 2:15 p.m. on the City Ball Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on April 5, 2002, at 2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 55 - Page 116 INDEX