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HomeMy WebLinkAbout11/22/1999 - Regular Meeting0 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 22, 1999 - 7:00 p.m. - 4:00 p.m. [Refer to separate minutes] CLOSED SESSION - 6:00 p.m CLOSED SESSION REPORT PRESENTED - None. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: None Pledge of Allegiance - Council Member Debay. Invocation by Dr. James T. (Jim) Bradford, Newport -Mesa Christian • Center. ELECTION OF MAYOR After explaining the process to be used for the election of the Mayor and Mayor Pro Tem, City Clerk Harkless placed all members of the Council on an equal basis to nominate and elect, and asked for nominations for the Office of Mayor. Motion by Council Member Adams to nominate Council Member Noyes as Mayor. Hearing no further nominations, the nominations were closed The motion carried by the following roll call vote: Ayes: Adams, Glover, Thomson, O'Neil, Debay, Ridgeway, Noyes Noes: None Abstain: None Absent: None City Clerk Harkless announced that Council Member Noyes was elected Mayor. Mayor Noyes took his proper place at the Council table. ELECTION OF MAYOR PRO TEMPORE • Mayor Noyes called for oral nominations for the election of Mayor Pro Tempore. Volume 53 - Page 92 INDEX City of Newport Beach City Council Minutes November 22, 1999 • Motion by Council Member Debav to nominate Council Member Adams as Mayor Pro Tempore. Hearing no further nominations, the nominations were closed. The motion carried by the following roll call vote: Ayes: Adams, Glover, Thomson, O'Neil, Debay, Ridgeway, Mayor Noyes Noes: None Abstain: None Absent: None City Clerk Harkless announced that Council Member Adams was elected as Mayor Pro Tem. Mayor Pro Tem Adams took his proper place at the Council table. With senior members having first preference, the Council decided on the seating arrangement. Former Mayor O'Neil stated that he appreciated the opportunity that Council gave him to serve as Mayor and that he enjoyed the privilege of serving the City in this capacity. He thanked the City Manager, City Attorney, City Clerk, and staff for all their help and thanked his wife, Thais, for graciously attending many of the functions with him and for being by his side. He expressed appreciation that the year was relatively easy, indicating that the last year was spent unifying Council as • a body and recruiting the City Manager. He also thanked the community for their support and acknowledged the wonderfulness of the City. Mayor Noyes presented former Mayor O'Neil with a gavel plaque Mayor Noyes thanked his colleagues for allowing him to assume the responsibility. He stated that he is, as are the other Council members, a volunteer and that the Mayor's job is a higher level of service. He expressed the opinion that the City has a strong, thoughtful, and balanced Council that deliberates to make the appropriate choices. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Ridgeway requested that Public Works Director Webb comment on a letter he received from Assemblyman Scott Baugh regarding ACA 24 (20/20 Vision Plan) that discusses non - taxable dollars being used for infrastructure. Public Works Director Webb indicated that he has not seen the letter. Council Member Ridgeway gave him the letter for review and comment at the next Council meeting. • Council Member Debay stated that a group has been meeting regarding building a Newport Beach Arts and Education Center on the 3.5 acres that is north of the Central Library. She requested that this be placed on the December 13 regular • agenda and indicated that staff was given direction at the study session to bring back a report that discusses the information that was brought forward by the group. She stated that Council has not taken a position on this. Volume 53 - Page 93 INDEX • • City of Newport Beach City Council Minutes November 22, 1999 Council Member Glover requested that a cost analysis to disassemble the Council conference room and the Mayor secretary area be placed on a future study session agenda. She expressed the opinion that the conference room and the glass around the Mayor secretary's area takes away from the friendly environment. Discussion ensued as to whether this was voted upon by Council and if a majority vote is needed in order to remove the conference room. City Manager Bludau indicated that he would look into this. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF NOVEMBER 8, 1999. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND full of all ordinances and resolutions Clerk to read by title only. RESOLUTIONS FOR ADOPTION RESOLUTIONS. Waive reading in under consideration, and direct City 3. TERMINATION OF NON - EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENTS WITH ZAKAROFF SERVICES, ORANGE DISPOSAL AND ALLIANCE WASTE & RECYCLING. Adopt Resolution No. 99 -76 terminating the solid waste franchise agreements between the City of Newport Beach and Zakaroff Services, Orange Disposal and Alliance Waste & Recycling; and approve agreements to terminate the franchise agreements between the City of Newport Beach and Zakaroff Services, Orange Disposal and Alliance Waste & Recycling. 4. ENVIRONMENTAL ENHANCEMENT AND MITIGATION (EEM) PROGRAM GRANT APPLICATION FOR THE MACARTHUR BOULEVARD STREETSCAPE (BONITA CANYON SPORTS PARK/FREEWAY RESERVATION SITE). Adopt Resolution No. 99 -77 approving the submittal of an Environmental Enhancement and Mitigation (EEM) Program Grant Application to the Resources Agency of California for the MacArthur Boulevard Streetscape (a portion of Bonita Canyon Sports Park) and designating the Public Works Director as agent for the City in submitting the application and administering the project. 5. NEWPORT BEACH RESTAURANT BUSINESS IMPROVEMENT DISTRICT 1999 ANNUAL REPORT AND 2000 DISTRICT RENEWAL. 1) Approve the Newport Beach Restaurant Improvement District 1999 Annual Report; and 2) adopt Resolution of Intention No. 99 -78 to levy and set the public hearing for December 13, 1999. 6. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT, ANNUAL REPORT FOR 2000 FISCAL YEAR DISTRICT RENEWAL, AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR 2000 Volume 53 - Page 94 INDEX Res 99 -76 Non - Exclusive Commercial Solid Waste Franchise (42) Res 99 -77 MacArthur Blvd. Streetscape/ Bonita Canyon Sports Park/ Freeway Reservation Site (62) Res 99 -78 Restaurant BID (27) Res 99 -79 Marina Avenue BID (27) City of Newport Beach City Council Minutes November 22, 1999 • FISCAL YEAR. 1) Approve the Marine Avenue Business Improvement District 1999 Annual Report; and 2) adopt Resolution of Intention No. 99 -79 to levy and set public hearing for December 13, 1999. CONTRACTS AND AGREEMENTS BALBOA PIER CONCESSION AGREEMENT - RUBYS RESTAURANT GROUP (C -2326) (contd. from 10/25199 & 11/8/99). Authorize the Mayor to sign the proposed Lease Agreement with the Ruby's Restaurant Group for the restaurant concession on the Balboa Pier. Council Member O'Neil abstained from voting on this item. 8. EXTENSION OF LEASE - GIRL SCOUT HOUSE (1700 WEST BALBOA). Authorize the Mayor to enter into a lease renewal that extends the current Lease Renewal Agreement with the Girl Scout Council of Orange County for the meeting facility at 1700 West Balboa for one year. 9. MALIBU CIRCLE SLOPE REPAIRS (C -3292) - COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; and 3) authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. MISCELLANEOUS ACTIONS • 10. PLANNING COMMISSION AGENDA FOR NOVEMBER 18, 1999. Receive and file. 11. ANNUAL REPORT ON THE STATUS OF THE GENERAL PLAN. Adopt report and direct staff to submit copies to the Office of Planning and Research and the Department of Housing and Community Development. Motion by Mavor Pro Tern Adams to approve the Consent Calendar, and noting the abstention by Council Member O'Neil on Item No. 7. The motion carried by the following roll call vote Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None City Manager Bludau indicated that staff is requesting that Agenda Item No. 14 (Affordable Housing In -Lieu Fee) be pulled from the agenda. PUBLIC COMMENTS • Allen Murray, 2330 Port Lerwick Place, stated that he is speaking on behalf of a majority of the Seawind homeowners and presented Council with over • 100 petitions (a majority of the homeowners). He indicated that the Seawind residents knew that Newport Ridge North would be developed and are not opposed to its development, but they are very upset because they received no Volume 53 - Page 95 INDEX C -2326 Balboa Pier Concession/Ruby's Restaurant (38) C -1955 Girl Scout House/ 1700 W. Balboa (38) C -3292 Malibu Circle Slope Repairs (38) Planning (68) General Plan Status Report (68) • City of Newport Beach City Council Minutes November 22, 1999 .I�i�i%T7 notice for any public meeting or no environmental impact report (EIR). He noted that this development is within a few hundred yards of their homes and will have a serious impact on their quality of life. He reported that residents were sent notices and invited to a minimum of three public meetings to review the EIRs for the San Joaquin Hills Toll Road and the Ford Road relocation a few years ago, and noted that both projects are farther away than the Newport Ridge North project. He stated that they were not concerned about road noise at that time because the ridge acted as a sound barrier for them; however, since The Irvine Company began grading the top of the ridge, the residents have noticed a significant increase in road noise from the toll road. This can only worsen if The Irvine Company continues to remove soil from the top of the ridge. He indicated that, had they known about the plan to tear down the top of the ridge when they were reviewing the EIRs for the two projects, they would have adopted a very different position on sound mitigation. Mr. Murray stated that they have received information which raises doubts that proper notification was given. He requested that the City support their position that ridge grading and any other earth moving activity should immediately be ceased until a thorough review of the process is completed. • Roger Ham, 2336 Port Carlisle, Past President of the Seawind Homeowners Association, also expressed concern with the way notification for the Newport Ridge North project was handled. He reported that they received a notice, two weeks after grading had already started, informing them that dynamiting of the • hill next to them was going to take place. Mr. Ham indicated that the County and the City cannot locate the EIR that relates to this project. He expressed the opinion that it is critical that the residents and the City, who may be annexing that area in the future, take some proactive action regarding the project. He stated that the homeowners association approached Irvine and asked to see any project information and indicated that Irvine is finally trying to get the answers. He noted that they are meeting with them tomorrow at 8:30 a.m. at the Seawind pool area and welcomed anyone who would like to attend. In response to Council Member Debay's questions, Mr. Ham confirmed that the property is just outside the City's boundary. It was once owned by Irvine, but Irvine gave it back to the County who also processes the permits. He noted that the County indicated that they notified all homeowners within 300 feet of the project, but reported that there are no homes within that radius. In response to Mayor Pro Tem Adams' questions, City Manager Bludau confirmed that the graded area is within the City's sphere of influence and that the City is looking into including it within the annexation area. He also indicated that it cannot be confirmed if the City received the EIR. He stated that he pledged to four residents that staff would work towards piecing together any project information and notification since it is in the City's sphere of influence. In response to Mayor Pro Tern Adams' statement that the City should have reviewed a draft EIR, Mr. Bludau clarified that the area was not always in the City's sphere of influence and was only detached when the City conducted the Bonita Canyon annexation. • Mayor Noyes pointed out that the meeting is straying from the agenda but that the City Manager has indicated a willingness to investigate this matter. Volume 53 - Page 96 E • City of Newport Beach City Council Minutes November 22, 1999 Ron Jackson, 39 Montecito Drive, President of the Spyglass Homeowners Community Association, presented Council with correspondence which reports that the Edison Company installed poles along San Joaquin Hills Road that were ten feet taller than the previous poles and are now obstructing the views of about 12 homeowners. He requested City assistance to have the poles replaced with ones that are no taller than the previous poles. City Manager Bludau reported that the Edison Company has its own utility easement and is not required to get City permission to conduct permitted uses on their own easement. Council Member Ridgeway requested that a staff report be generated on this issue. In response to Mayor Pro Tem Adams' statement, City Attorney Burnham indicated that the Edison Company would be subject to CEQA if they are considered a public agency. He stated that he is unsure if they would be considered a public agency, but that staff can report back to Council on this. Public Works Director Webb added that the Edison Company's easements are not in the street right -of -way, but are located adjacent to them. PUBLIC HEARING 12. VACATION AND ABANDONMENT OF A 10 -FOOT WIDE SEWER EASEMENT LOCATED ADJACENT TO THE SOUTHERLY PROPERTY LINE OF 116 KINGS PLACE (LOT 2, BLOCK 3, TRACT 1219), LOCATED IN THE CLIFFHAVEN AREA. Mayor Noyes opened the public hearing. There being no public testimony, Mayor Noyes closed the public hearing. Motion by Council Member Debay to adopt Resolution No. 99 -80 ordering the vacation and abandonment of the 10 -foot wide sewer easement and direct the City Clerk to have the resolution recorded by the Orange County Recorder. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Abstain: None Absent: None CURRENT BUSINESS 13. UNSCHEDULED VACANCY ON THE CITY ARTS COMMISSION. By the following vote, Lila Crespin was appointed to the City Arts Commission to serve the balance of Pat Brubaker's unexpired term which expires on June 30, 2001: Lila Crespin received five votes: Adams, Glover, Debay, Ridgeway, and O'Neil Tom Staple received two votes: Thomson and Mayor Noyes Volume 53 - Page 97 INDEX Res 99 -80 Vacation and Abandonment/ 116 Kings Place/ Cliffhaven Area (90) City Arts Commission (24) City of Newport Beach City Council Minutes November 22, 1999 • 14. AFFORDABLE HOUSING IN- City Manager Bludau previously announced that this item would be pulled from the agenda. 15. OPTION TO PURCHASE CALTRANS WEST (SUNSET VIEW PARK). Public Works Director Webb reported that CalTrans originally purchased the property for the coastal freeway; the property was declared surplus when the coastal freeway was removed from their route; CalTrans attempted to sell the parcel twice in public auction but did not receive acceptable bids; and the City talked with CalTrans about acquiring the property but the negotiations never reached fruition. He reported that the City spoke with CalTrans, in 1996, and agreed to a process in which they would both hire a single appraiser that would follow appraisal instructions that were acceptable to both parties. The appraisal was completed in 1997 and a year lapsed with no determination or offer being requested or made. He stated that CalTrans requested that the appraisal be updated. This was completed in 1998 and is the appraisal that the City is currently working with ($3.73 million for 14.79 acres). He reported that CalTrans may accept an option at ten percent of the price in order to hold the property for a year and that the City may even be able to get an additional extension. Further, the City may also receive purchasing assistance from the Banning Ranch Development. • Council Member Debay stated that she, the City Manager, the City Attorney, and Mr. Webb, contacted former City Manager Bob Wynn who conducted the negotiations years ago and provided them with some history on the property. She reported that this had come to an agreement but it never reached fruition. She indicated that Mr. Webb put together an analysis for Council review of property that was purchased from CalTrans and compared those dollars to today's dollars. She reported that the CalTrans West property at $3.7 million is good in comparison to the CalTrans East and the West Newport Park purchases. She pointed out that an appraisal was finally received that the City and CalTrans accepted and indicated that this purchase gives the City another opportunity to have an active daytime park on the west end of the City that could support a full size soccer field and baseball diamond. Council Member Glover stated that she looked at the parcel with Mr. Webb today. She expressed the opinion that this is a great opportunity to have a park at the old side of Newport Beach. Motion by Council Member Glover to authorize the City Manager to negotiate and execute a one -year option to purchase CalTrans West (Sunset View Park) for ten percent of the appraised value with a one -year extension at five percent of the appraised value. Council Member Ridgeway stated that he was on the Planning Commission when rezoning this property was considered and that the property is now • zoned Park and Open Space. He indicated that he supports a park at that location but does not support a ten percent option fee. He stated that he could support a five percent option fee with a five percent option the second Volume 53 - Page 98 INDEX Affordable Housing In -Lieu Fee (68) Caltrans West/ Sunset View Park (62/73) 17J • • City of Newport Beach City Council Minutes November 22, 1999 year because funding has not yet been identified. He suggested a one -way contract so that, if the City does not wish to extend the contract, the City will forfeit the money to CalTrans. He believed that ten percent is too much for a property that is not marketable to the overall community. Louise Greeley, 16 Swift Court, stated that she has been actively working on this proposal for as long as Mr. Webb has. She stated that a committee was formed in early 1990 that represented 15 homeowners associations. They went on record as desiring this property to be in City ownership as recreation -open space and, on May 12, 1993, wrote to Council requesting a General Plan amendment that would change this property to open space. She thanked Council for placing this on the agenda and noted that there is currently no access to the property. Jan Vandersloot asked Council to support the motion, believing that the park will benefit all the people of the City. Council Member Ridgeway requested that Council Member Glover amend her motion, pointing out that the difference totals about $190,000. Mr. Bludau indicated that five percent is reasonable, but explained that they were willing to offer ten percent because of the second year option. Mayor Pro Tem Adams suggested offering CalTrans ten percent for two years. In response to Council Member Ridgeway's question, Mr. Webb indicated that there is a $400,000 line item in the budget to begin the CalTrans West acquisition process. Council Member Glover amended the motion to authorize the City Manager to negotiate and execute a one -year option to purchase CalTrans West (Sunset View Park) for five percent of the appraised value with a one- year extension at five percent of the appraised value. The amended motion carried by the following roll call vote Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None In response to Council Member Debay's question, Mr. Bludau believed that there is room to negotiate if CalTrans turns this down. 16. PROJECT PRIORITIZATION FOR OIL SPILL SETTLEMENT PROCEEDS. Motion by Council Member O'Neil to authorize Council Member Jan Debay (as the City's representative to the American Trader Oil Spill's Trustees Council) to advocate for the list of recreation projects listed in Attachment A of the staff report. The motion carried by the following roll call vote: Volume 53 - Page 99 Project Prioritization/ Off Spill Settlement (62) C City of Newport Beach City Council Minutes November 22, 1999 Ayes: Thomson, Glover, Adams, Noes: None Abstain: None Absent: None MOTION FOR RECONSIDERATION - None. ADJOURNMENT - at 8:00 p.m in honor of former Mayor Ed Hirth. The agenda for the Regular Meeting was posted on November 22, 1999, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. �rl M' Wa City Clerk W Volume 53 - Page 100 INDEX