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HomeMy WebLinkAbout01 - 08-13-2002August 27, 2002 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session RA Fr August 13, 2002 - 4:30 p.m. �"' INDEX MEETING CANCELLED ROLL CALL CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. 2. UPDATE ON IMPLEMENTATION OF THE NEWPORT COAST PRE - ANNEXATION AGREEMENT. 3. HEALTHCARE BENEFITS. PUBLIC COMMENTS ADJOURNMENT The agenda for the Study Session was posted on August 7, 2002, at 3:15 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 305 [No report] [No report] CITY OF NEWPORT BEACH City Council Minutes Regular Meeting August 13, 2002 - 7:00 p.m. _ j�� INDEX — Cancelled. CLOSED SESSION — at 6:02 p.m. with all members present (Heffernan and O'Neil — late). A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, ONeil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Absent: None C. CLOSED SESSION REPORT Mayor Ridgeway announced that the City and the Balboa Arborist Society have engaged in extensive mediation in an effort to resolve the Society's lawsuit challenging the proposed removal of the ficus trees on Main Street in conjunction with the Balboa Village Improvement Project. He stated that, unfortunately and in spite of good faith on both sides, the parties have been unable to reach a mutually agreeable settlement. Further, the parties have agreed to an expedited hearing schedule and hope to have a ruling on the lawsuit before the end of August. Mayor Ridgeway announced that the mobile home tenants at Marinapark have rejected the Second Amendment and Extension of Lease Agreement (Lease Extension) approved by the City Council on May 28, 2002, and have challenged the legality of some of the provisions of the Lease Extension. He stated that the Legal Counsel for the tenants, George Kaelin, has requested renegotiation on the terms of the Lease. He indicated that the closed session was to grant authority to the City's negotiators, Assistant City Manager Kiff and City legal counsel, to renegotiate the price and terms of payment of the Lease Extension with the tenant's legal counsel. D. PLEDGE OF ALLEGIANCE — Council Member O'Neil. E. INVOCATION — Paul Sansevieri, Chairman, State of California for the Christian Coalition. F. PRESENTATION — None. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL Volume 55 - Page 306 City of Newport Beach City Council Minutes August 13, 2002 INDEX Mayor Pro Tem Bromberg announced that the Newport Beach Chamber of Commerce is starting a program to raise funds for a Newport Beach Firemen's Grill which consists of a trailer and barbecue. He stated that this would be given to the Fire Department to be used throughout the community. He emphasized that the $12,000 to $15,000 will be raised entirely through private funds and that donations can be given by calling 729 -4400. Mayor Pro Tem Bromberg announced that the first candidate's forum will be held at 9:30 a.m. on August 17 at 106 Crystal on Little Balboa Island. He invited everyone to attend. Council Member Heffernan announced that the Airport Working Group (AWG) presented an expenditure summary to the City. He reported that, at the July 9, 2002, Council meeting, a request was made to AWG and Citizens for Jobs and the Economy (CJ &E) to submit an expenditure summary to report how those groups spent the money previously allocated by Council. He stated that AWG received $3.6 million and CJ &E received $300,000. He indicated that AWG's report was submitted on July 31, 2002, to the City Manager. Mayor Ridgeway noted that the City will be conducting an audit on the reports, but it will not be prepared or ready for about a month. Council Member Heffernan stated that the two steps include the statement that is submitted by the group and the independent audit by the City to verify that the statement is accurate. He indicated that he is now commenting on AWG's numbers and reported that AWG spent about $3,572,000. He noted that this was approved May 2001 by Council on a 6 -1 vote, with himself casting the dissenting vote, and that there was a subcommittee of this Council which consisted of Council Members Glover, Proctor, and himself. He stated that Bruce Nestande and Dave Ellis made the presentation to substantiate this grant. He reported that there was no budget, no line item, no work plan, or no competing bid, but the bid was approved. He pointed out that Bruce Nestande was paid $332,415, the law firm in which Barbara Lichman is a member (Cheveliar, Allen & Lichman) was paid $330,134, and Dave Ellis & Associates LLC was paid $458,062. He noted that over $1,120,000, which represents over 31% of the grant, was spent on these three groups. He believed there was lack of due diligence when this grant was approved and feels it is peculiar that the three groups got such a large proportion of the grant. Council Member Adams reported that the agreement with AWG and CJ &E required an audit. Council Member Heffernan stated that he is reporting on who got large portions of the money. Council Member Glover reported that, on February 12, 2002, the City Council decided not to sue over any matters relative to Measure W, noting that the election was March 5, 2002. She stated that the City also decided to inform AWG and CJ &E not to spend any more money from their grants received from the City and that City Attorney Burnham was told to tell AWG and CJ &E not to spend any more of their grant money. She explained that the reason Council did this was to garner and keep support from many factions for the Board of Supervisors vote on February 26 to sign the John Wayne Airport (JWA) Settlement Agreement. She stated that she went out and told the E1 Toro Re -use Planning Authority (ETRPA), the corridor cities, Congressman Cox, the Board of Supervisors (including Supervisors Wilson and Spitzer), and the Orange County Congressional Delegation of the path Council had taken to not spend any Volume 55 - Page 307 City of Newport Beach City Council Minutes August 13, 2002 INDEX money on litigation on El Toro matters and/or Measure W issues, and that the City was not spending any more money on any El Toro issues. She indicated that she did this because of the direction of Council at the February 12 meeting. Council Member Glover emphasized that she put her name and reputation on the line, as well as the reputation of the City on the line. She stated that she could never have gotten the Settlement Agreement signed without getting the support of the above parties. She indicated that much of the support was based on the fact that the City was not spending funds on E1 Toro or Measure W. She pointed out that Newport Beach has to be a City where people can trust the City, staff, and Council since it is Council and staff who represent the City. Council Member Glover stated that, if any bills were incurred by CJ &E and AWG after February 12, Council is not responsible for them because the City Attorney informed them not to spend any more money. She believed that the respective organizations should pay those funds back because the City Attorney was instructed to tell those respective groups that no more of the public's money was to be spent. She stated that, if any checks were cut by the City for AWG and CJ &E after February 12, 2002, the appropriate staff who authorized them should provide statements as to why such checks were cut. She noted that the JWA Settlement Agreement is signed and they went out in good faith to get support. She stated that, if staff, AWG, or CJ &E spent monies after February 12, 2002, that needs to be addressed by Council since it was without authorization by Council. She indicated that they are out telling people what Newport Beach represents and what it is doing, and if the City has staff handing out checks while Council is telling everyone we are not spending anything, then they are tearing down the reputation of the City and those who are going out. She noted that they testified in front of the Board of Supervisors and visited the groups and told them certain things. Council Member Glover emphasized that the Settlement Agreement is signed and believed that anyone who has participated in this endeavor and has not followed those rules has tarnished the City of Newport Beach and the system. Mayor Ridgeway emphasized that, until there is an audit, accusations are premature. He reminded everyone on Council that, when the original grant was made in 2001, it was at the behest of the Board of Supervisors and noted that part of it was to support the JWA Settlement Agreement. Mayor Ridgeway noted that there is a number of events for September 11 and announced that Be the Cause will be holding an 11K Walk for Hope on September 8 along Bolas. Chica State Beach. He indicated that the Walk for Hope will raise money for several charities, including orphan centers, health care facilities, and humanitarian causes in Afghanistan, New York, and Orange County. He stated that people can call 654 -3881 for more information. I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JULY 23, 2002. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Volume i55 - Page 308 City of Newport Beach City Council Minutes August 13, 2002 to read by title only. ORDINANCE FOR INTRODUCTION 3. Removed at the request of Council Member Adams. 4. IMPLEMENTATION OF 3 °h @50 RETIREMENT FOR POLICE EMPLOYEES. Introduce Ordinance No. 2002 -16 authorizing an Amendment to the Contract Between the City and the Board of Administration of the California Public Employees' Retirement System, and pass to second reading on August 27, 2002. CONTRACTS AND AGREEMENTS 5. Removed at the request of an audience member. 6. Removed at the request of Council Member Heffernan. 7. Removed at the request of Council Member Heffernan. 8. RELEASE OF BONDS FOR PUBLIC IMPROVEMENTS — TRACT NO. 15332 — EASTERLY SIDE OF JAMBOREE ROAD BETWEEN FORD ROAD AND BISON AVENUE (DEVELOPER — PACIFIC BAY HOMES). 1) Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 15332; 2) authorize the City Clerk to release the faithful performance bonds for on -site improvements, Ford Road and Jamboree Road off -site improvements (Bond Nos. 5907684, 5907685 & 5907686 respectively); and 3) authorize the City Clerk to release the labor and materials bonds for on- site improvements and Ford Road and Jamboree Road off -site improvements (Bond Nos. 5907684, 5907685 and 5907686 respectively) in six months, provided no claims have been filed. 9. RELEASE OF BONDS FOR NONSTANDARD IMPROVEMENTS — TRACT NO. 15387 — EASTERLY SIDE OF JAMBOREE ROAD BETWEEN FORD ROAD AND BISON AVENUE (DEVELOPER — PACIFIC BAY HOMES). 1) Approve an Agreement with One Ford Road Homeowners Association for construction and maintenance of non- standard curbs, gutters, sidewalks, guard house, landscape, and gate improvements in Lot E (Southern Hills Drive) and tree landscape in Lot H (Troon Drive) in the private streets constructed with Tract No. 15387; 2) authorize the Mayor and City Clerk to execute the Agreement and direct the City Clerk to have the Agreement recorded with the Orange County Recorder; 3) approve an Agreement with One Ford Road Homeowners Association for construction and maintenance of non - standard wood fence, pilasters, freestanding fountains, and landscape improvements in a sewer easement located in Lot 11 of Tract 15387 and Parcel 4 of Lot Line Adjustment 99 -04 constructed with Tract No. 15387; 4) authorize the Mayor and City Clerk to execute the Agreement and direct the City Clerk to have the Agreement recorded with the Orange County Recorder; 5) approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 15387; 6) authorize the City Clerk to release the faithful performance bond for on- site improvements (Bond No. 5907679); and 7) authorize the City Clerk to release the labor and material bond for on -site improvements (Bond No. 5907679) in six months provided no claims have been filed. Volume 55 - Page 309 INDEX Ord 2002 -16 C -563 Retirement for Police Employees (38/66) Tract 15332 Public Improvements (TRM 15332) Tract 15387 Non - Standard Improvemetns (TRM 15387) City of Newport Beach City Council Minutes August 13, 2002 10. RELEASE OF BONDS FOR NONSTANDARD IMPROVEMENTS — TRACT NO. 15388 — EASTERLY SIDE OF JAMBOREE ROAD BETWEEN FORD ROAD AND BISON AVENUE (DEVELOPER — PACIFIC BAY HOMES). 1) Approve an Agreement with One Ford Road Homeowners Association for the construction and maintenance of non- standard landscape improvements, landscape lighting, area drain improvements, and appurtenances in a sewer easement in Lot L and Lot M, and for decorative paving in Lot H (Gleneagles Drive) in Tract No. 15388; 2) authorize the Mayor and City Clerk to execute the Agreement and direct the City Clerk to have the Agreement recorded with the Orange County Recorder; 3) approve an Agreement with One Ford Road Homeowners Association for construction and maintenance of non- standard landscape improvements, landscape lighting, area drain improvements, and appurtenances in a sewer easement in Lot 62 and Lot 63 in Tract No. 15388; 4) authorize the Mayor and City Clerk to execute the Agreement and direct the City Clerk to have the Agreement recorded with the Orange County Recorder; 5) approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 15388; 6) authorize the City Clerk to release the faithful performance bond for on -site improvements (Bond No. 5907680); and 7) authorize the City Clerk to release the labor and material bond for on -site improvements (Bond No. 5907680) in six months provided no claims have been filed. 11. RELEASE OF BONDS FOR NONSTANDARD IMPROVEMENTS — TRACT NO. 15389 — EASTERLY SIDE OF JAMBOREE ROAD BETWEEN FORD ROAD AND BISON AVENUE (DEVELOPER — PACIFIC BAY HOMES). 1) Approve an agreement with One Ford Road Homeowners Association for construction and maintenance of non- standard decorative street paving in the private streets constructed with Tract No. 15389; 2) authorize the Mayor and the City Clerk to execute the Agreement and direct the City Clerk to have the Agreement recorded with the Orange County Recorder; 3) approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 15389; 9:) authorize the City Clerk to release the faithful performance bond for on -site improvements (Bond No. 5907681); and 5) authorize the City Clerk to release the labor and material bond for on -site improvements (Bond No. 5907681) in six months provided no claims have been filed. 12. RELEASE OF BONDS FOR NONSTANDARD IMPROVEMENTS — TRACT NO. 15390 — EASTERLY SIDE OF JAMBOREE ROAD BETWEEN FORD ROAD AND BISON AVENUE (DEVELOPER — PACIFIC BAY HOMES). 1) Approve an Encroachment Agreement with One Ford Road Homeowners Association for construction and maintenance of non - standard decorative street paving in Tract No. 15390; 2) authorize the Mayor and City Clerk to execute the Agreement and direct the City Clerk to have the Agreement recorded with the Orange County Recorder; 3) approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 15390; 4) authorize the City Clerk to release the faithful performance bond for on- site improvements (Bond No. 5907682); and 5) authorize the City Clerk to release the labor and material bond for on -site improvements (Bond No. 5907682) in six months provided no claims have been filed. Volume 55 - Page 310 INDEX Tract 15388 Non - Standard Improvements (TRM 15388) Tract 15389 Non - Standard Improvements (TRM 15389) Tract 15390 Non - Standard Improvements (TRM 15390) City of Newport Beach City Council Minutes August 13, 2002 13. RELEASE OF BONDS FOR NONSTANDARD IMPRUVEMENTS — TRACT NO. 15391 — EASTERLY SIDE OF JAMBOREE ROAD BETWEEN FORD ROAD AND BISON AVENUE (DEVELOPER — PACIFIC BAY HOMES). 1) Approve an agreement with One Ford Road Homeowners Association for construction and maintenance of non- standard landscape improvements, wrought iron fence, pilasters, lighting, and appurtenances in the sewer easement in Lot 31 constructed with Tract No. 15391; 2) authorize the Mayor and City Clerk to execute the Agreement and direct the City Clerk to have the Agreement recorded with the Orange County Recorder; 3) approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 15391; 4) authorize the City Clerk to release the faithful performance bond for on -site improvements (Bond No. 5907683); and 5) authorize the City Clerk to release the labor and material bond for on -site improvements (Bond No. 5907683) in six months provided no claims have been filed. 14. FIRST AMENDMENT TO THE 1997 CITY -OCFA (ORANGE COUNTY FIRE AUTHORITY) ANNEXATION AGREEMENT REGARDING PROPERTIES IN THE NEWPORT COAST. Authorize the Mayor to execute the 1-t Amendment to the 1997 City -OCFA Annexation Agreement. MISCELLANEOUS ACTIONS 15. APPROVAL OF "TASTE OF NEWPORT' BANNERS. Conditionally approve the request of Newport Beach Chamber of Commerce for the installation of 217 banners, from the 21•t of August to the 20th of September 2002 with the installation along Jamboree Road, MacArthur Boulevard, Westcliff Drive, San Joaquin Hills Road, Newport Center Drive East/West and Newport Center Drive. 16. BUDGET AMENDMENT TO INCREASE FY 2003 BUDGET FOR THE LITERACY SERVICES DIVISION FUNDED BY DONATIONS DEPOSITED IN LIBRARY FOUNDATION LIABILITY ACCOUNT. Approve BA -001 in the amount of $25,200. 17. APPOINTMENT TO THE AVIATION COMMITTEE FROM THE NEWPORT COAST. Confirm the appointment of Judith B. Whitmore as the Newport Coast's representative to the Newport Beach Aviation Committee. 18. Removed at the request of Council Member Adams. Motion by Mayor Pro Tem. Bromberg to approve the Consent Calendar, except for those items removed (3, 5, 6, 7, and 18). 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 Volume 55 - Page 311 INDEX Tract 15391 Non - Standard Improvements (TRM 15391) C -3175 Annexation Agreement/ Newport Coast (38) 'Taste of Newport' Banners (74) BA -001 Literacy Services Division (40/50) Aviation Committee (24) City of Newport Beach City Council Minutes August 13, 2002 J. 3. VEHICLE CODE ENFORCEMENT WITHIN JASMINE PARK. Council Member Adams reported that this involves a gated community that, after utilizing traffic control devices, will have Police patrolling it. He indicated that he had concerns that this would negatively impact the Police Department and set a precedence if this is not being done in other homeowners associations. He reported that this is being done in about ten gated communities now and that the Police Department feels it will not be a significant imposition on their resources. Motion by Council Member O'Neil to introduce Ordinance No. 2002.15 authorizing application of California Vehicle Code to Private Roads in the Jasmine Park Development, and pass to second reading on August 27, 2002. Council Member Adams clarified that this is strictly for traffic enforcement within Jasmine Park. City Manager Bludau reported that the Police currently enters all gated communities and private associations only for crime enforcement, but not for traffic. The motion carried by the following roll call vote Ayes: Heffernan, ONeil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None 5. AGREEMENT FOR COIN - OPERATED VIEWERS ON CITY PROPERTY (contd. from 7/9/02 & 7123/02). Gary Gardhouse, Carden Coin Telescopes, 3450 State Street, Corona, stated that he received via email the letter that the City Manager sent Council. He took issue with the letter stating that his product only allows for single -eye viewing, was harder to see through, and that 1/3 of the telescopes were not working. Noting that the letter states that there are pictures of cracked and scratched :tenses, he indicated that the telescopes have '/, -inch glass over the lenses. He stated that Tower Optical Company's binoculars allow for two minutes of viewing, but reported that he can change their timers from 1'/, minutes to two minutes. Regarding Huntington Beach's telescopes being recently painted, he indicated that the chemical he uses to cover graffiti turns the paint light pink. He added that scopes are taken to the shop if there is vulgarity. He stated that the letter also mentions downtime, but clarified that this has only happened once in 22 years. He stated that his health concern issue from the previous meeting about coughing on them was a common sense statement. He noted that the City Manager recommends that both eyes be opened; however, he spoke with his optometrist who told him that no two eyes are identical, binoculars will focus on the dominant eye, and a telescope focuses on the eye that is being used. Mr. Gardhouse expressed concern that the City will be paying a 40% transportation fee which could amount to $376.36 if all six needed to be transported. He noted that he has never charged a transportation fee in 55 years. He stated that Tower's annual gross is estimated at $7,767, but his company's revenue for 2000 was $9,992.75, Volume 55 - Page 312 INDEX Ord 2002 -15 Vehicle Code Enforcement/ Jasmine Park (70) C -3544 Coin - Operated Viewers (38) City of Newport Beach City Council Minutes August 13, 2002 and was $10,591.75 the year before removing them from the pier. He reported that the City and he have lost $3,022 since the pier has reopened. He concluded by showing a book that Orange County generated in which the cover has a picture of his telescope in Corona del Mar. Mayor Ridgeway agreed that the 40% transport fee is unreasonable, especially since the City has never paid this fee on any previous equipment. He asked that the contract be modified to pay no transport fee. He stated that he believes this is a state -of- the -art change, there is more reliability, and the issue of health will be addressed. Motion by Council Member O'Neil to authorize the Mayor to execute a License Agreement with Tower Optical Company, Inc. for the operation of coin operated binocular viewers at various locations within the City of Newport Beach, but have the 40% transport fee removed from the agreement. Mayor Ridgeway stated that, if Tower does not agree to the transport charges being deleted, this will need to come back to Council. 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 6. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR LIDO ISLE BRIDGE REPAIR (C- 3538). 7. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR THE BRIDGE SEISMIC RETROFIT ANALYSIS (C- 3531). Council Member Heffernan asked if $1 million is an adequate amount for errors and omissions insurance as noted in both the contracts. Public Works Director Badum reported that the $1 million insurance is standard in the industry and typical of projects this size. City Manager Bludau believed that the insurance varies based on the scope of the project. Council Member Adams asked if the Risk Manager looks at all the contracts. Mr. Badum stated that, when they get insurance documents from contractors or consultants, they are typically sent to the Risk Manager for her review. Jim Hildreth, Grand Canal, believed that the seismic retrofit should be done prior to the cosmetic work on the Lido Isle Bridge, just like the main bridge onto Balboa Island. He stated that having the bridge work done prior to a seismic retrofit may be a waste of money. Regarding the pedestrian path, he expressed concern that the spacing is too wide and that people wearing heels may get stuck. He stated that the main bridge on Balboa Island has cantilevers over the side and asked if this will be done with the other bridges under consideration. He added that the side of the seawall on the Grand Canal bridge fell off due to underground construction work and asked if this will be taken into consideration when it is evaluated for seismic retrofit. He stated that the cracks have been hidden since the Volume 55 - Page 313 INDEX C- 3538/Lido Isle Bridge Repair (38) C -3531 Bridge Seismic Retrofit Analysis (38) City of Newport Beach City Council Minutes August 13, 2002 bridge was painted. He indicated that he was told that the study conducted on the bridge states it was safe for construction. Motion by Mayor Pro Tem Ilrombere to approve a Professional Services Agreement with Han - Padron Associates, in the amount of $40,000 and authorize the Mayor and the City Clerk to execute the Agreement (Item No. 6). The motion carried by the following roll call vote: Ayes: Heffernan, ONeil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None Motion by Mayor Pro Tern Brombere to approve a Professional Services Agreement with Dokken Engineering in the amount of $132,697.97 and authorize the Mayor and the City Clerk to execute the Agreement (Item No. 7). 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. BUDGET AMENDMENT TO RE- APPROPRIATE FUNDS FOR THE BALBOA PENINSULA SIGN AMORTIZATION & INCENTIVE PROGRAM. Council Member Adams stated that he is supportive of the action. He reported that the City is offering to pay for the professional removal and disposal of non - conforming signs, the design of up to three signs in conformance with the new sign ordinance, and the fabrication and installation of the replacement sign on a first -come, first- served basis. He stated that there is a waiting list and that the $50,000 only takes care of five of the 434 legally non - conforming signs and 313 illegal signs. He asked if it would be possible to do partial funding of more signs instead of full funding for five signs. Assistant City Manager Wood stated that this is written into the ordinance. Council Member Adams asked how the businesses are chosen. Ms. Wood indicated that it is on a first -come, first- served basis; however, some members of the Planning Commission are hopeful that staff will take some pro- active efforts with some of the signs on the Peninsula that are the most offensive to people. Motion by Council Member Adams, to authorize a budget amendment (BA -002) transferring $50,000 from General Fund unappropriated reserves to Account 7014- C2700701. Volume 55 - Page 314 INDEX BA -002 Balboa Peninsula Sign Amortization and Incentive Program (40/68) City of Newport Beach City Council Minutes August 13, 2002 INDEX 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 Barbara Lichman, Executive Director of the Airport Working Group, took issue with the statements made by Council Members Heffernan and Glover. She indicated that there was a detailed budget and proposal, and that the budget included a certain amount for legal fees and public relations. She added that the budget was created before they knew how much Irvine and ETRPA would spend. She reported that Irvine spent $1,552,000 and ETRPA spent $2 million in attorney fees. She noted that AWG spent $257,511 for three lawyers, which only represents 7.3% of what the adversaries spent. She added that the City also requested that AWG have an attorney who could approve all publications for compliance with election laws. She reported that AWG only spent $79,729 and that the other $250,000 was a deposit in her firm's trust account and has only been spent to further the acceptance of the JWA Settlement Agreement. She stated that the remaining funds spent by AWG on litigation came from donations from its members. She noted that most of Council was not involved in the airport issue when this started, except for Council Member Proctor. She stated that, prorating the $79,729 over 20 years, it comes to $80 /month. She believed that the City should be grateful that it has citizens who are so devoted and loyal to the community. Tom Naughton, President of the Airport Working Group, stated that tonight's allegations disturbed him because they are in the process of having an audit. He indicated that he approved every invoice and stated to Council that his books are open. He believed that, after a year, alleging that something has been done outside the purview of Council is uncalled for. Jim Hildreth, Grand Canal, believed that Harbor Resources Director Melum's office should be audited because he is still looking for documents he has requested. He indicated that a letter he received from Wes Armand in 1998 stated that he discovered that the mooring was approved at this location by the City in 1976 and is listed as a pier permit. He believed that Mr. Armand must have seen documents. He added that the documents he received from Assistant City Manager Kiff were from the Revenue Department and are only from 1994 to 2000. He noted that the letter dated March 13, 2001, said that any document from June 24, 1976, is likely part of a series of documents currently being microfilmed by a publication service. He believed that everything points to the documents existing. He stated that he would like to see the City Manager conduct an audit on Mr. Melum since he did not know him prior to working here. Mr. Hildreth stated that he would like to know where the document is that Mr. Melum's supervisor, David Harschbarger, signed in 1976. He believed that Mr. Melum knows that the document exists. Kay Mortenson stated that she is speaking on behalf of Ron Baers who could not attend tonight. She submitted his petitions for new Main Street Volume 55 - Page 315 City of Newport Beach City Council Minutes August 13, 2002 INDEX trees from the Balboa Inn to the Balboa Pavilion that were signed by 177 residents and merchants. She noted that Mr. Baers was not able to pick up all the petitions but will continue to gather them and turn them into the City. She stated that they want to go on record that the merchants and residents are informed about the Balboa Village Revitalization Plan and have signed the petition. She commended Mr. Baers' on his design and Principal Civil Engineer Stein who was in charge of Phase 1. She noted that the response to Phase I has been positive and appreciated. Alan Goode stated that he received several letters from the City that he may or may not have Code violations at his 87 Old Course Drive property. He expressed concern that he is not sure what to disclose in a real estate disclosure statement. He added that he bought property in the Castaways area, but escrow was held up and he almost lost his loan because the City required that the developer remove the front porches. He noted that one development made them remove the concrete while it was permitted in another development. He asked for a letter relating to his property which tells him whether he is or is not in violation. City Manager Bludau asked that Mr. Goode provide him with his name and telephone number, so the appropriate staff member could contact him. Susan McFadden, 444 Prospect Street, stated that she has a barking dog issue and noted that she has gone through the proper channels but nothing has been resolved for four years. She believed that the system is not working. She noted that the municipal code addresses noisy animals in Chapter 7.20.010, loud and unreasonable noise in Chapter 10.28.007, and violations of municipal codes in Chapter 1.04.010. She asked why the codes are not enforced. She reported that the dog barks from 11 p.m. to 3 or 4 a.m. She stated that the Police Department informed her that it was not their job to enforce municipal codes and, since the issue is in mediation, they will not go out. She added that Animal Control also told her they cannot go out since it is in mediation. She believed that the dog owners should be fined which will generate more revenue for the City. Mayor Ridgeway directed Ms. McFadden to contact the City Manager and Code Enforcement Officer Sinasek. Ms. McFadden indicated that the codes work in Redondo Beach. Mayor Ridgeway suggested that she provide the City Manager with copies of their codes. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Glover stated that the Board of Supervisors, the City, AWG, and Stop Polluting Our Newport (SPON) signed the JWA Settlement Agreement. She indicated that their intent is to take it to Washington, D.C. to have it reviewed by the Federal Aviation Authority (FAA). She noted that the City is not asking them to take a stance or make comments, but is just asking them to review it so they are familiar with it. She added that they will also be taking it to the Airport Transport Association (ATA). She added that they are also putting together a letter that will be sent to all of the Orange County delegation and possibly the delegations of Los Angeles, San Bernardino, and Riverside Counties to get congressional support for the agreement. Council Member Glover noted that JWA operates differently than other airports in that it is a slotted airport. She stated that every year Mr. Murphy, head of JWA, sends out letters defining the slots. She noted that his letter this year uses the new configurations based on the Settlement Agreement. She believed that this approach will help them determine how the airlines feel about the Settlement Volume 55 - Page 316 City of Newport Beach City Council Minutes August 13, 2002 Council Member Heffernan reported that there previously was a study session scheduled to discuss Newport Coast issues associated with the pre - annexation agreement. He indicated that some of the City's obligations were to be assumed and performed starting January 1, 2002. He stated that the City is trying to better its position and costs. He noted that one of the issues is the slope maintenance issue and what the City assumed were its obligations versus the opinions of the Newport Coast Advisory Committee relative to area and cost. He indicated that the City is trying to define its costs and will be coming back at a study session. He emphasized that the City is not trying to delay what it agreed to, but wants to better define what it believes the details are. He stated that it was premature to have tonight's study session. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 19. PLANNING COMMISSION AGENDA FOR AUGUST 8, 2002. Regarding Item 1, Planning Director Temple stated that this was a request to start the General Plan Amendment process for three lots on Balboa Island on Agate Avenue. She indicated that this request will be coming before Council at the next meeting. Regarding Items 2 and 3, she noted that one was for a General Plan and Zoning Amendment, and the other was for a Zoning District Map Amendment. She reported that the Commission approved both items and that both will be coming back before Council at the next meeting. Ms. Temple stated that Item 4 was for a use permit for a proposed retail wine sales and wine tasting business, The Taste of Napa. She reported that the business has no room to add food preparation facilities, so they had to send them back to Alcohol Beverage Control (ABC) to refine their ABC license. She stated that they received a Public Premises License which is the type of license a bar receives. She indicated that the item was continued to the next Commission meeting to allow staff and the applicant to develop additional information. Regarding Item 5, Ms. Temple stated that it was a request for a site plan review to establish a grade on the property. She reported that the lot is at street level in the front and alley level in the back; however, the center of the lot is eight feet lower. She indicated that the Commission approved it, but it can be called for Council review if desired. In response to Council Member Glover's questions regarding Item 2, Ms. Temple reported that the property is in Newport Shores, about three lots off Coast Highway. She noted that the lots against the highway are commercial lots and that the property, which currently has a house on it, was zoned commercial. She stated that the request is to change it to residential so the development becomes conforming and the property owner could build a new residential structure. In response to Mayor Pro Tem Bromberg's questions regarding Item 1, Ms. Temple reported that the proposal is in flux because of the limitation of condominium approvals on Balboa Island. She stated that their request is for R -1.5 zoning which would be covered by the two - family residential land use category in the General Plan. However, there are questions relative to Volume 55 - Page 317 INDEX Planning (68) City of Newport Beach City Council Minutes August 13, 2002 N. using two or three lots and whether they will be single family or duplex dwellings. She confirmed that conversion condominiums and new construction condominiums are prohibited on Balboa Island. Motion by Mayor Pro Tem Bromberg to receive and file the 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 PUBLIC HEARINGS 20. PACIFIC BAY HOMES (PA2001 -250) — ONE FORD ROAD — APPEAL OF THE PLANNING COMMISSION DECISION TO DENY A REQUEST TO AMEND THE PLANNED COMMUNITY DEVELOPMENT PLAN TO ALLOW THE INSTALLATION OF INDEPENDENT KITCHEN FACILITIES WITHIN GUEST COTTAGES. THE 11 PROPERTIES ASSOCIATED WITH THE REQUEST ARE IDENTIFIED AS PARCEL NOS. 1 THROUGH 8 (ON TROON DRIVE) AND LOTS 9 AND 13 (ON TURNBERRY DRIVE) OF TRACT MAP NO. 15387 AND LOT NO. 21 (ON HONORS DRIVE) OF TRACT MAP NO. 15389 (contd. from 6/11/02 & 6/25/02). Carmen Vali -Cave, Hogle - Ireland, stated that she is representing Pacific Bay Homes and confirmed that she provided a letter stating that they are withdrawing their appeal. Mayor Pro Tem Bromberg indicated that he is willing to send this back to the Planning Commission for further studies and parameters. Ms. Vali-Cave stated that the applicant only wants to put in a wet bar in a guest cottage which includes a sink and under the counter refrigerator, and noted that this was the only way it could be accomplished. She emphasized that they are not planning to put in an entire kitchen. Motion by Mavor Pro Tem Bromber to send the issue back to the Planning Commission for parameters. Mayor Ridgeway opened the public hearing. Arabelle Brown asked what the motion does to the homeowners and noted that they sent Council letters asking if this changes their zoning from R -1 to R -1.5. Mayor Pro Tem Bromberg indicated that he does not think Council has the parameters to make a decision. He explained that the motion is to have the Planning Commission dissect it further and added that the residents will also get the chance to look at it more and testify. He stated that, if this were to come back, it would not change the zoning for all of One Ford Road. He assured Ms. Brown that Council will not put anyone in harms way or do anything to decrease property values, and that no one is making a decision right now. Ms. Brown stated that the Vice President of Pacific Bay Homes told them that they were taking this off the table. Mayor Pro Tem Bromberg reported that Pacific Bay did not know that he was going to do this. Volume 55 - Page 318 INDEX PA2001 -250 Pacific Bay Homes/ One Ford Road (68) City of Newport Beach City Council Minutes August 13, 2002 John Freisinger asked if Council will be changing the zoning from R -1 to R- 1.5. Mayor Pro Tem Bromberg stated that he cannot imagine that the zoning will change in One Ford Road; however, that does not mean it might not change for the eight homes with guest cottages. He indicated that nothing will happen without the Planning Commission looking at it and probably Council looking at it again. Mr. Freisinger pointed out that there are no guest houses on the existing properties, and that at least one of the eight newer houses to have a guest house has been built. He believed that the Planning Commission's staff report is quite extensive and asked Council what questions they have. He noted that small portable kitchens could almost suffice as a wet bar. Council Member Glover stated that she will not support the motion. She indicated that this is a situation in which the applicant wants to drop the issue and believed that this is the wisest thing to do. Mayor Ridgeway closed the public hearing. The motion carried by the following roll call vote: Ayes: O Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: Heffernan and Glover Abstain: None Absent: None 21. HOAG MEMORIAL HOSPITAL PRESBYTERIAN (PA2002 -038) — ONE HOAG DRIVE — REQUEST TO AMEND THE HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY (PC -38) DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS PERTAINING TO FLOOR AREAS THAT APPLY TOWARDS THE ESTABLISHED MAXIMUM DEVELOPMENT ALLOCATION. THE APPLICANT SEEKS TO EXEMPT FLOOR AREAS THAT ARE: 1) USED TO HOUSE STRUCTURAL SYSTEMS AS A RESULT OF MANDATES BY OTHER GOVERNMENTAL AGENCIES; AND 2) USED TO ENCLOSE THE ROOFTOP MECHANICAL LEVEL. BOTH OF THESE AREAS ARE NOT REGULARLY OCCUPIED BY HUMAN ACTIVITY (contd. from 7/9/02). Council Member O'Neil recused himself since his law firm provides legal services to Hoag Hospital. Council Member Adams stated that he expressed concerns at the last hearing, contacted staff after reading this staff report, and received a call from the applicant to see if he had any comments on the staff report. Referencing the second to last paragraph on page 4 of the staff report, he believed that the applicant brings a legitimate case to Council since the rules changed, mainly the seismic requirements, after the entitlement was given. Further, they offered to enclose the roof top, which has an aesthetic benefit. However, he feels they should not get anything more from the original entitlement through this action. He stated that he is supportive of applying this to the specific building plans, but expressed concern that this will be applied to the entire Planned Community Text without knowing what the impacts are going to be to future buildings. He indicated that this action should only be limited to the buildings that have been presented to Council and, if the applicant wants to come back to Council and make the Volume 55 - Page 319 INDEX PA2002 -038 Ord 2002 -17 Hoag Memorial Hospital Presbyterian/ Planned Community Development Text Amendment 2002 -001 (68) City of Newport Beach City Council Minutes August 13, 2002 INDEX same case for future buildings, he could. Council Member Adams noted . that there will be additional enclosed space that is necessary to accommodate the seismic structures; however, he expressed concern that the empty spaces will be turned into storage areas or other uses. He stated that, if he were to support this, he would like to see language that prohibits the use of this space for virtually anything other than human access to the mechanical systems. He explained that, if storage takes place in these areas, it may free up square footage in the balance of the building that could be utilized for uses that may have traffic - related impacts or other impacts associated with additional square footage. Council Member Heffernan noted that he was a former Hoag Hospital Board Member, but pointed out that the whole health care business is changing and hospitals are going out of business. He added that this is a business that has funded itself and that he is reluctant to constrict future development or limit it to this one project. He believed that the City should do anything it can to encourage Hoag Hospital to provide health care to the community, especially given the extreme cost of doing this. He stated that he would be in favor of focusing on the massing limits that are already in the development plan, even though they can be larger in scale without changing the massing that is already part of the development plan. He believed that this request only adds square footage to existing facilities. He reported that Hoag is not only required to get approval from the City but also from the Office of Statewide Health and Planning Development (OSHPOD) which governs all hospital facilities. Mayor Ridgeway opened the public hearing. Pete Foulke, Executive Vice President of Hoag Hospital, stated that he understands Council Member Adams' concerns and understands Council Member Heffernan's comments. He emphasized that the hospital is here to serve the community and provide health care, not to make money for itself or the stock holders. He stated that health care needs are expanding but there is no plan for hospitals. He indicated that this is left to the institutions to make those decisions. He noted that planning hospital needs and getting it through all the regulatory bodies are difficult processes. He emphasized that they narrowed the scope of what they had asked for to only identifying the areas in which seismic bracing is needed and enclosing the roof. Council Member Glover stated that she received calls from a women's group and asked if Hoag Hospital conducts breast cancer research. Mr. Foulke indicated that they do some cancer research, but it is considered applied research, not university -style research She reported that the women's group informed her that Orange County has more females who die from breast cancer than any other county in California. Mr. Foulke agreed that Orange County has a higher than average incidence of breast cancer, but no one is sure why. Council Member Adams indicated that he is a supporter of Hoag Hospital and that he does not want to suggest anything that will unduly affect the hospital. He asked if the hospital would be opposed to expanding the language to prohibit the use of the subject floor area for storage or any other purposes involving general or routine occupancy. Mr. Foulke indicated that this would not be difficult, but noted that they may need a place to store spare parts for the mechanical equipment. Council Member Volume 55 - Page 320 City of Newport Beach City Council Minutes August 13, 2002 INDEX Adams stated that storage can only be related to the mechanical equipment. Regarding his concern about applying this to the entire Planned Community Text versus just the buildings in question, Mr. Foulke confirmed that it would be an imposition on the planning and approval process. He stated that, if they knew what the allocations were, they could do the design within the limits. However, if they had to keep coming back for approvals, it would make it a more complex and difficult process. Council Member Adams expressed concern about the integrity of the process. He noted that the hospital went through a long entitlement process that included discussions about massing and other issues. He believed that they are now asking for something that makes sense but can potentially undo the previous decision - making process without knowing the implications. Mr. Foulke stated that this is one of the reasons they narrowed the scope and the definition of what they are asking for. Mayor Ridgeway stated that he had concerns at the last meeting because the report did not have adequate information about traffic generated for all the phases. He indicated that the hospital has analyzed this and emphasized that there are restraints on the development. He noted that the hospital has a maximum number of allocable trip ends (1,856 p.m, peak trips) and, once it is reached, it has reached its square footage. He believed that Council Member Adams' concerns have been addressed in the limitations on the ultimate build out based on trip ends. Council Member Adams expressed concern with the statement in the staff report that "It is difficult to ascertain at this point what the net affect would be especially in the lower campuses since many of the other projects are still being designed." Mr. Foulke stated that this was an issue when they first went through the process because they do not know what the designs are for the buildings or its functions at this time. Council Member Adams asked what discretionary approval is required by the City for new structures. Mr. Foulke stated that there is none because this process was included in the development agreement. John Chamberlain, 260 Cagney Lane, stated that he has a tape of the last meeting. He asked that Council Member Heffernan recuse himself since the bias has been evident and supported by Mr. Foulke. Mayor Ridgeway stated that everyone has biases, but Council does not recuse themselves for the biases. Mr. Chamberlain objected to this hearing because the tape indicated that Council required that the applicant give notice and that it would be done for tonight's hearing; however, no new notice was sent. He added that he also objects to the notice that the Planning Commission mailed because the vicinity map included nothing about the emergency room. He indicated that this was mentioned at the Commission meeting and at the Council meeting. He noted that the hospital is talking about two areas and that a new notice would have given them the opportunity to correct or explain what the notice meant. He indicated that the emergency room is important because it was approved by a prior Council through a negative declaration and that there was supposed to be no impact; however, the hospital community and State were aware of impending closures of other emergency rooms. He stated that this would have produced a traffic problem and there would not have been a negative declaration. He reported that, when Hoses expanded emergency room was opened, the local emergency rooms closed immediately and traffic was increased at Hoag. He indicated that these are the concerns the residents have. He stated that, in a sense of fairness, this should be exposed and the Volume 55 - Page 321 City of Newport Beach City Council Minutes August 13, 2002 INDEX public should be given the same chance they had ten years ago. Mayor Ridgeway indicated that they cannot revisit previous negative declarations or the development agreement because it was an action by a previous Council. He added that the impact issue on this project as it relates to emergency rooms has not been addressed. Regarding Mayor Ridgeway's questions, Planning Director Temple believed that there has not been any physical change to the emergency. room in many years. She stated that, if the original emergency room predates the Planned Community District and development agreement, it could have been done by a negative declaration. Regarding noticing, she stated that she spoke with the City Clerk and discovered that there was an inordinate number of returns from the last hearing, even though they received almost no returns from the Planning Commission hearing. She indicated that the City Clerk took the returned notices that did not have an expired forwarding address, put them into envelopes, and remailed them. City Clerk Harkless indicated that a majority of those mailings were also returned because the addresses were insufficient. Ms. Temple noted that all the unit numbers were on the labels and that they rely on the assessor records for this information. Ms. Harkless reported that over 100 notices were returned due to insufficient addresses. She added that the Planning Department checked the addresses and felt they were sufficient. Ms. Temple believed that about 500 notices were mailed. Suzanne Chamberlain, 260 Cagney Lane, stated that there is no question about the number of notices mailed, but the quality of the notices since it did not properly address many issues. She noted that Mr. Foulke indicated that there were issues regarding perspective changes, not past changes, that would involve the emergency room facility. She emphasized that an emergency room facility has a large impact on any community. Mayor Ridgeway closed the public hearing. Motion by Council Member Adams to introduce Ordinance No. 2002.17 regarding approval of Planned Community Development Text Amendment 2002 -001, as amended to include a stipulation that the excluded areas not be used for storage or other purposes involving general or routine occupancy and that the request only be applied to the specific buildings in which plans have been submitted and relief for future buildings would have to come before the Planning Commission, and pass to second reading on August 27, 2002. The motion died due to a lack of a second. Motion by Council Member Proctor to introduce Ordinance No. 2002- 17 regarding approval of Planned Community Development Text Amendment 2002 -001, as amended to include a stipulation that the excluded areas not be used for storage or other purposes involving general or routine occupancy, and pass to second reading on August 27, 2002. Council Member Heffernan requested clarification from the City Attorney regarding the conflict of interest concern. City Attorney Burnham stated that he does not believe the comments by Mr. Foulke create a basis for recusal. Further, he does not believe Council Member Heffernan's prior involvement on the Hoag Hospital Board creates a basis since he is no longer on the Board. Volume 55 - Page 322 City of Newport Beach City Council Minutes August 13, 2002 Mayor Ridgeway stated that Council is trying to keep the hospital a responsible citizen to the community and noted that they serve a larger constituency. He reported that the City is concerned about traffic and stated that he heard that the hospital will be coming back to Council regarding the emergency room. Assistant City Manager Wood reported that Section III (Definitions) of the ordinance needs to be amended so that "As applied to new construction permits issued on or after August 13, 2002," only be added to the beginning of items 3 and 4. Council Member Proctor amended his motion to include the amendment to Section III. The motion carried by the following roll call vote: Ayes: Heffernan, Bromberg, Glover, Proctor, Mayor Ridgeway Noes: Adams Abstain: O Neil Absent: None 22. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: PUBLIC HEARING AND LEVYING OF ASSESSMENTS FOR 2002 -2003 FISCAL YEAR. Senior Planner Berger reported that the City has not received any written protests from any member of the Business Improvement District (BID). Mayor Ridgeway opened the public hearing. Donald Glasgow, Chairman of the Corona del Mar BID, thanked Council and staff for its support the last six years, especially Council Members Glover and O'Neil for being there since the beginning. He noted that California lost a great person, Chick Hearn, last week. He stated that, in his passing, there were several things said about community. He indicated that when he first came to Corona del Mar, it was a non-personal community, but now the community has come together with the help of Vision 2004. Mayor Ridgeway closed the public hearing. Council Member O Neil stated that the CdM BID is one of the oldest BIDS in the City and is well organized and supported by the residential community, as well as the business community. Motion by Council Member O'Neil to adopt Resolution No. 2002 -54 confirming the levying of assessments since the protests represented less than 50 percent of the total assessment amount. 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 Volume 55 - Page 323 INDEX Res 2002 -54 Corona del Mar Business Improvement District (27) City of Newport Beach City Council Minutes August 13, 2002 INDEX O. CURRENT BUSINESS 23. RESOLUTION NO. 2002 -55 AND MEMORANDUM OF Res 2002 -55 UNDERSTANDING (MOU) RELATING TO SANTA ANA HEIGHTS, Santa Ana Heights, BAY KNOLLS, AND EMERSON /CHURCHILL ANNEXATIONS. Bay Knolls, and Emerson/Churchill Council Member Adams stated that he was delighted to see movement by Annexations the County to participate significantly in the fire station issue. (21) Motion by Mayor Pro Tern Bromberg to 1) adopt Resolution No. 2002- 55 related to a property tax exchange agreement for the City's pending annexation of three unincorporated areas between Newport Beach and Costa Mesa; and 2) authorize the City Manager to enter into a Memorandum of Understanding (MOLT) substantially similar to the draft MOU relating to the Santa Ana Heights Specific Plan and the City's operation of a fire station in Santa Ana Heights. Mr. Kiff stated that the resolution needs to be amended and that the County will be adopting the resolution later this month. He indicated that the amendment will basically state that, when the redevelopment project is done in 2035, the property tax split could revert to the master property tax split of 70% to the City and 30% to the County. Mayor Pro Tern Bromberg amended his motion to include the amendment to Resolution No. 2002 -55. Derek Lesson stated that he appreciates the County and staff doing its best to work out the differences. He indicated that Santa Ana Heights has about $25 million left in its redevelopment fund. He noted that a lot of projects have not been completed and asked that the City work hard to get them done. He stated that many issues still need to be addressed, such as getting a fie station at a good price with the redevelopment money. Further, quieting down the aircrafts and holding John Wayne Airport (JWA) to 8.4 million annual passengers also needs to be worked on and asked that the City work harder on this. He believed that the City needs to work twice as hard to improve the quality of life. Mayor Ridgeway stated that the City already signed the Settlement Agreement to increase the limits from 8.4 million to 9.8 million annual passengers in order to extend the JWA Settlement Agreement to 2015. 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 24. BALBOA VILLAGE DESIGN GUIDELINES. Res 2002 -56 C -3339 Assistant City Manager Wood reported that the action is to initiate the Balboa Village amendment to the zoning code. Design Guidelines (38) Motion by Council Member Glover to adopt Resolution No. 2002 -56 to initiate the consideration of design guidelines for Specific Plan District #8 Volume 55 - Page 324 City of Newport Beach City Council Minutes August 13, 2002 Balboa, and refer to the Planning Commission for 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 P. MOTION FOR RECONSIDERATION — None. Q. ADJOURNMENT— 9:10 p.m. The agenda for the Regular Meeting was posted on August 7, 2002, at 3:15 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 325 INDEX