Loading...
HomeMy WebLinkAbout09/26/2000 - Regular Meeting0 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting September 26, 2000 - 7:10 p.m. — [Cancelled]. CLOSED SESSION - 6:00 p.m - None. RECESSED AND RECONVENED AT 7:10 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Absent: None Pledge of Allegiance - Council Member Debay. Invocation by Reverend Cathleen Coots, Newport Center United Methodist • Church. Presentation of certificate from the California Department of Conservation, Division of Oil, Gas and Geothermal Resources. Public Works Director Don Webb stated that the City has received a certificate from the California Department of Conservation, Division of Oil, Gas and Geothermal Resources. He stated that the award is for outstanding lease maintenance and has been awarded to the City for four consecutive years. Public Works Director Webb explained that it recognizes the City for its clean operation of its sixteen oil wells. He introduced and acknowledged Utilities Services Manager Eldon Davidson, Utilities Superintendent Ed Burt and Renick Sampson, the operator. Presentation by "Janitors for Justice ", an Orange County based organization seeking to avoid a labor action being taken. Reina Schmitz, Community & Political Organizer, stated that she was speaking on behalf of the janitors that clean city buildings. She stated that the organization is trying to improve the lives and provide health care for the workers that provide cleaning services. She stated that they want to educate the community on the conditions of the workers, which total approximately 3,000 janitors in the organization. She stated that the workers in Orange County are not unionized, make minimum wage and have no benefits. She stated that they are looking for responsible employers to provide for the workers, as they would their own employees. Ms. Schmitz introduced Salome Torres and interpreted his statements for him. • Mr. Torres spoke briefly about his employment as a janitor in Orange County for seventeen years. He explained that he is married with four children and his wages are too small to support his family. He stated that the reason he is seeking change is that he currently has no benefits for health or overtime. He stated that the Volume 53 - Page 599 INDEX Presentation (33) 0 City of Newport Beach City Council Minutes September 26, 2000 INDEX employers shouldn't take advantage of his need to work. He stated that he works very hard and even when he's sick, and doesn't have the money to take care of his children when they are sick. Aida Cardenas, a researcher for the organization, displayed poster boards that illustrated some of the stories of the janitors in Orange County. She stated that these are hard working families and it's becoming a crisis due to the lack of affordable housing in Orange County. She stated that the reason for the problem is that the janitorial industry is a subcontracted industry, with building owners who contract management companies who contract cleaning contractors who employ the workers. She stated that this results in competition for the lowest bid and it's the workers who suffer the consequences because the labor costs need to be reduced. Ms. Cardenas stated that the organization is trying to work with the cleaning contractors, but that it is the building owners who ultimately decide which cleaning contractors are hired. Ms. Schmitz stated that she would like the City to consider supporting the cause by signing a Statement of Support for Orange County Janitors. She estimated that it will cost the real estate industry one half cent for every square foot. She stated this will help the workers. Mayor Noyes expressed his admiration for the efforts of the organization. Ms. Schmitz stated that they did receive a letter of support from the Mayor of Irvine. • Presentation of plaque by Judy Woolen of Southern California Gas Company recognizing the City for its efforts to build stronger communities enhancing the quality of life for all residents. Ms. Judy Woolen announced that the Southern California Gas Company installed its 5,000,OOOth meter during the past year. She stated that the Gas Company is recognizing the City as a part of its customer celebration efforts for the work done in the community. She presented the City Council with the Recognition 2000 award. 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 Thomson requested that staff look into any possible problems with runoff or smells in the Pelican Hills Golf Course area. • Council Member Ridgeway stated that the State Attorney General has notified the City that it is not in compliance with its General Plan because it has not been updated. Council Member Ridgeway encouraged staff to proceed with the visioning process and technical studies, and to get the process moving forward as quickly as possible with the committee that has been formed to look at the City's General Plan. He specifically mentioned the land use, circulation and housing elements. He added that the circulation element should include mobility, and particularly mobility in the neighborhoods at the City borders with Irvine and Costa Mesa. Lastly, Council Member Ridgeway requested that the process include the coastal • area in the City and the determination that it is a residential area. Volume 53 - Page 600 • • E City of Newport Beach City Council Minutes September 26, 2000 READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF SEPTEMBER 12, 2000. 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. RESOLUTION FOR ADOPTION RESOLUTIONS. Waive reading in under consideration, and direct City 3. 1514 WEST BALBOA BOULEVARD - RESOLUTION OF APPROVAL FOR LOCAL COASTAL PROGRAM AMENDMENT NO. 55 TO INCORPORATE FINDINGS REQUIRED BY THE CALIFORNIA COASTAL COMMISSION. Adopt Resolution No. 2000 -80 for LCP No. 55. CONTRACTS AND AGREEMENTS 4. AGREEMENT FOR THE INSTALLATION OF INTERNET COMPUTER VIDEO EQUIPMENT AT NEWPORT BEACH LIFEGUARD HEADQUARTERS (contd. from 8/8/00, 8/22/00 & 9/12/00). Continue to October 10, 2000. 5. MEMORANDUM OF UNDERSTANDING WITH PART -TIME EMPLOYEES UNIT, UPEC LOCAL 777 (contd. from 9/12/00). Approve and authorize the Mayor to execute the Memorandum of Understanding. 6. 15TH STREET, NEWPORT PIER, 58TH STREET, AND ORANGE STREET RESTROOMS REHABILITATION (C -3377) - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT. Authorize the Mayor and the City Clerk to execute a Professional Services Agreement with Hutson & Partners Architecture, in the amount of $16,500 to prepare plans, specifications, and estimates for rehabilitating the 15th Street, Newport Pier, 58th Street, and Orange Street public restrooms. WASHINGTON STREET AND BALBOA PIER RESTROOM REPLACEMENT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT. Authorize the Mayor and the City Clerk to execute a Professional Services Agreement with Ron Yee, FAIA Architect, Inc., in the amount of $59,259 to prepare plans, specifications, and estimates for replacing Washington Street and Balboa Pier public restrooms. 8. SAN MIGUEL DRIVE FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD AND FORD ROAD FROM MACARTHUR BOULEVARD TO JAMBOREE ROAD REHABILITATION (C -3374) - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT. Approve a Professional Services Agreement with Van Dell and Associates, Inc. of Irvine for $63,888. Volume 53 - Page 601 Wk l Res 2000 -80 Local Coastal Program Amendment No. 55 (68) C -3363 Lifeguard Video Equipment (38) C -3362 Part -Time Employees MOU (38) C -3377 15th St, Newport Pier, 58th St. & Orange St. Restrooms Rehabilitation (38) C -3367 Washington Street & Balboa Pier Restroom Replacement (38) C -3374 San Miguel Road & Ford Road Rehabilitation (38) City of Newport Beach City Council Minutes September 26, 2000 • Mayor Pro E from voting on this item. 9. DESIGN OF IMPROVEMENTS ON BALBOA BOULEVARD FROM 12TH STREET TO MEDINA WAY AND ON NEWPORT/BALBOA BOULEVARD FROM 26TH STREET TO 16TH STREET (C -3373) - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT. Approve a Professional Services Agreement with KFM Engineering, Inc. of Foothill Ranch for professional engineering services for a contract price of $231,580. MISCELLANEOUS ACTIONS 10. Item removed from the Consent Calendar by Council Member Ridgeway. 11. FUNDING FOR DEFERRED LANDFILL EXPENDITURES FROM DECEMBER 1997 STORMS. Approve Budget Amendment (BA -005) in the amount of $24,062.28. 12. ACCEPTANCE OF GRANT DEED AND SLOPE EASEMENT DEED FOR CONVEYANCE OF RIGHT -OF -WAY ALONG BONITA CANYON ROAD AND FORD ROAD. 1) Accept the Grant and Slope Easement Deed from the San Joaquin Hills Transportation Corridor Agency for real property used for the construction of Bonita Canyon Road and Ford Road; 2) authorize the Mayor and the City Clerk to execute the acceptance of the Grant Deed and Slope Easement Deed document; and 3) authorize and direct the City Clerk to have the Grant and Slope Easement Deed recorded by the Orange County Recorder. 13. CORONA DEL MAR STREETLIGHT BANNERS (contd. from 8/22/00). Approve the request of the Corona del Mar Business Improvement District for the installation of single banners on City streetlight poles year- round. Installation shall be on poles along both sides of East Coast Highway from Avocado Avenue to Seaward Road, subject to the Public Works Department's conditions of approval. Motion by Mayor Pro Tern Adams to approve the Consent Calendar, except for the item removed (10), and noting the abstention of Mayor Pro Tem Adams on Item No. 8. 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 ITEMS REMOVED FROM THE CONSENT CALENDAR 10. PLANNING COMMISSION AGENDA FOR SEPTEMBER 21, 2000. • Received and filed, with the exception of Item No. 1 regarding Natural Nails, 615 East Balboa Blvd., which was called up by Council Member Ridgeway Volume 53 - Page 602 INDEX C -3373 Design of Improvements Balboa Blvd. & Newport /Balboa Blvd. (38) BA -005 Landfill Funding (40/44) Grant Deed & Slope Easement Deed Bonita Canyon Road & Ford Road (73) Corona del Mar Street Light Banners (74) Planning Commission (68) • • • City of Newport Beach City Council Minutes September 26, 2000 for review. PUBLIC COMMENTS Michele Roberge, Balboa Theater, announced that the opportunity drawing 2000 Mercedes Benz Roadster grand prize was won by a resident who lives on Peninsula Point. She stated her appreciation to the City staff for their assistance in including flyers announcing the 2000 in 2000 Campaign in all of the City's water bills. She stated that the flyers were just mailed the week prior and the Balboa Theater has already received a donation of $1,000. Lastly, Ms. Roberge announced that the next event benefiting the Balboa Theater will be a concert featuring the Four Freshmen on October 5, 2000. PUBLIC HEARINGS 14. PUBLIC HEARING ON THE ADOPTION OF RESOLUTION OF APPLICATION REQUESTING INITIATION OF PROCEEDINGS TO REORGANIZE TERRITORY (NEWPORT COAST & RIDGE /SANTA ANA HEIGHTS/BAY KNOLLS) AND RESCINDING RESOLUTION NO. 99 -71. Deputy City Manager Dave Kiff stated that the public hearing at the current meeting is for the formal adoption of the resolution of application to the Local Agency Formation Commission (LAFCO). He stated that the City believes it has reached an agreement with the Newport Coast Committee of 2000, with the revision to the terms and conditions revised earlier in the day. He provided a copy of those revisions, listed as Exhibit C of the staff report, and stated that the changes were minor. Mayor Noyes opened the public hearing. Vincent Simmon, 29 Monterey Pine Drive, stated that he is burdened with an extremely high tax rate compared to residents in Newport Beach. He stated that there are still many financial issues that need to be resolved before he could vote in favor of the annexation. He mentioned Assessment Bond 88 -1, which imposed a bond exceeding $165,000,000 on the future residents of Newport Coast. He stated that over $40,000,000 was used to build Newport Coast Drive, which is more of a thoroughfare and reduces traffic in other areas. Mr. Simmon stated that approximately $12,000,000 from the bond was also spent on a road in Irvine, not located in the Newport Coast assessment area. Additionally, he stated that there appears to be $20,000,000 of unaccounted for money. He stated that he is not looking for Newport Beach to pay these bills, he is looking for Orange County to account for the money appropriately and seek relief in the appropriate form. Mayor Noyes pointed out that none of the financial issues mentioned by Mr. Simmon involve the City of Newport Beach. Mr. Simmon agreed and stated that he doesn't blame the City, but is concerned that the financial burdens are less likely to be resolved if Newport Coast isn't standing alone. Deputy City Manager Kiff added that Item No. 3 in the terms and conditions states that the City will assist the Newport Coast residents in diligently examining the documents associated with the County Assessment Districts Volume 53 - Page 603 INDEX Res 2000 -81 Newport Coast and Ridgel Santa Ana Heights/ Bay Knolls Reorganization (21) • • City of Newport Beach City Council Minutes September 26, 2000 to resolve outstanding issues regarding these Districts to a satisfactory conclusion. Nancy Bell, Newport Coast resident, stated that she is concerned about the lack of communication. She stated that the majority of Newport Coast residents do not want to be annexed, do not want to inherit Newport Beach's deferred maintenance, do not want a civic center in their area and do not want to make their private parks open to the public. Ms. Bell stated that there are a number of petitions being signed objecting to the annexation. She feels that the Newport Coast Committee of 2000 does not represent them, and their use of the web isn't a fair way to communicate. Rick Riley, 3 Arbella, stated that he agreed with the previous speaker and is also concerned about possible future tax increases. He stated that he'd like to see what the future looks like, what the infrastructure needs might be and if reserves in Newport Beach are being tapped. Council Member Ridgeway mentioned Proposition 13 and stated that the City cannot increase property taxes when trying to balance the budget because they are controlled by the State. He stated that, in the past, the City has had to reduce its employee base, and look at fees and other sources to balance the budget. Mr. Riley stated that he would be affected by a reduction in services. He also mentioned the cost of trash pickup and stated that he's concerned about possible future increased costs that are unknown at the current time. Council Member Ridgeway stated that there will be no financial hits. He stated that the agreement that was negotiated includes free trash pickup, a return over a period of time for the general assessment and maintaining the current standards in Newport Coast. Mr. Riley stated he is still concerned about possible future cutbacks in services due to declining reserves. Deputy City Manager Kiff stated that the City's reserves are in terrific shape. Mr. Riley stated that he'd still like to see documentation. Deputy City Manager Kiff stated that several comprehensive fiscal impact analyses have been done and are available for review. He also suggested that Mr. Riley look at the terms and conditions that have been negotiated. Mayor Noyes stated that Mr. Riley has valid questions, but that Newport Coast will have better services as a result of the annexation. Mr. Riley confirmed with Deputy City Manager Kiff that the plan does look at the next fifteen years. Jerry Ross, Newport Coast Committee of 2000, stated that over the past two years, they've met with municipal finance experts, members of LAFCO and the City Council, and staff. He stated that they have reached agreement on the terms and conditions, and feel that they represent the best possible deal for the residents of Newport Coast. He stated that the opinions expressed at the current meeting in opposition to the annexation represent a minority viewpoint. He stated that the residents have been informed and are fully aware of the issues. Mayor Noyes asked for an outline of the outreach that is planned to notify Volume 53 - Page 604 INDEX • City of Newport Beach City Council Minutes September 26, 2000 INDEX the residents in the area. Deputy City Manager Kiff stated that outreach is a part of the plan. He stated that a number of hearings still need to occur and residents will have opportunities to file protests against the annexation. He added that two separate mailings have also been done to the Newport Coast residents, using the Registrar of Voters' mailing list. Mr. Ross added that they will also be communicating on a neighborhood by neighborhood basis. Council Member Ridgeway stated that the City Manager recently met with all of the department heads to initiate the process to hire additional personnel to service the Newport Coast area. He stated that the City has some significant advance planning to do and is dedicated to provide a high level of service. Jim McGee, Newport Coast Committee of 2000, stated that the Committee was the first group to come to the City regarding the issue of annexation, two years prior. He stated that they've met regularly with the City Council, staff and the County, hired a financial consulting firm and tried to study the issues regarding the options available to the residents of Newport Coast. He stated that as a result of these efforts, the Committee recommends that the residents of Newport Coast support the terms and conditions agreed upon. Mr. McGee stated that the Committee will issue a formal written report to each of the residents and believes that once they understand the issues, the residents will support the annexation. • Council Member Glover stated that all residents of Newport Beach receive good and equal service. She stated that the City has not drawn from its reserves recently. She stated that when one looks at the City's revenue stream and debt load, and compares it with the County and other cities, it shows the best financial picture of the City. To begin the discussion of the Santa Ana Heights area, Deputy City Manager Kiff reported that he met with about ten residents of the area on September 22, 2000, to discuss several issues including fire service, formal recognition of the advisory role of the Project Advisory Committee (PAC) and protecting the neighborhood character in the area. He asked that the City Council include the recommendation in their action that staff be authorized to continue to meet with the Santa Ana Heights residents. Roger Summers, 20292 Birch Street, PAC Chairman, stated that he was at the meeting on September 22, 2000. He stated that the Santa Ana Heights area is unique and he felt the dialogue with the Deputy City Manager was productive. He stated that PAC supports the proposal to allow staff to continue to work with them, and that PAC is supportive of the potential annexation. Per Council Member Ridgeway's inquiry, Mr. Summers stated that he has been involved with the annexation issue for the past 25 years. He stated that PAC was formed in 1982. He added that he has watched the process • and feels that now might finally be the time. Council Member Ridgeway commended Mr. Summers for his commitment. Volume 53 - Page 605 • • • City of Newport Beach City Council Minutes September 26, 2000 Deputy City Manager Kiff stated that there are no issues regarding the Bay Knolls area. Hearing no further testimony, Mayor Noyes closed the public hearing. Motion by Council Member O'Neil to adopt Resolution No. 2000 -81 to rescind Resolution No. 99 -71 and adopt a new Resolution of Application requesting LAFCO's initiation of proceedings to reorganize the territory known as Bay Knolls, Santa Ana Heights, and Newport Coast and Newport Ridge; and authorize further outreach with these communities to make sure that all issues and questions are addressed. Council Member O'Neil added that he is excited about the annexation. He stated that it should be concluded in the next six to eight months, and he sees it as a win -win situation for the City and the communities being annexed. Council Member O'Neil welcomed the potential new residents. 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 15. PROPOSED UNDERGROUND UTILITIES DISTRICTS: NO. 16 (BAYSIDE DRIVE AND EL PASEO DRIVE); NO. 17 (SUPERIOR AVENUE); AND NO. 18 (SAN JOAQUIN HILLS ROAD). Mayor Noyes opened the public hearing. Jim Hildreth, 120 The Grand Canal, stated that he's discussed underground utilities with the City Council before and has been ignored. He suggested that the City is only trying to maximize the growth and development potential in the underground utility districts. He pointed out the lack of safety involved with underground utilities during an earthquake and recent transformer explosions in the country. Hearing no further testimony, Mayor Noyes closed the public hearing. Motion by Council Member Thomson to adopt Resolution No. 2000.82 establishing Underground Utility District No. 16; Resolution No. 2000 -83 establishing Underground Utility District No. 17; and Resolution No. 2000 -84 establishing Underground Utility District No. 18. Council Member Thomson stated that the City has worked hard over the years on these underground districts and that it's time to move forward with them. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Volume 53 - Page 606 INDEX Res 2000 -82 Res 2000 -83 Res 2000 -84 Underground Utilities Districts No. 16, 17 & 18 (89) City of Newport Beach City Council Minutes September 26, 2000 • Abstain: None Absent: None 16. LOCAL LAW ENFORCEMENT BLOCK GRANT - CRIME PREVENTION PROGRAM. Assistant City Manager Wood stated that the item is on the agenda to allow the public to comment formally on the renewal of the grant. Mayor Noyes opened the public hearing. Hearing no testimony, Mayor Noyes closed the public hearing. Council Member Debay noted that 40 new neighborhood watch groups were put together in just the past year and it's primarily a result of the grant. She added that the Police Department still needs more applicants for its volunteer training program. Council Member O'Neil recognized his wife, Thais, as a block captain in their neighborhood. Motion by Council Member O'Neil to accept continued funding of the Crime Prevention Program under the provisions of United States Department of Justice Local Law Enforcement Block Grant • 2000 -LB -VX -0442 and its successor grant under the federal 200012002 budget period (currently in the application process). 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 CURRENT BUSINESS 17. OWNERSHIP TRANSFER AND JOINT STATEMENT OF OBJECTIVES - SAN JOAQUIN RESERVOIR. Deputy City Manager Riff stated that the City owns approximately 1.18% of the San Joaquin Reservoir, which is located outside of the City limits. Using a slide presentation, he showed aerial photos of the reservoir in 1993 when it was filled with potable water, and later when it was empty and as it stands today. The second photo also showed a landslide that occurred in 1995 after the reservoir was drained. Deputy City Manager Kiff stated that as one of the owners of the reservoir, the City has three options. He listed those as being no action and leaving the reservoir unusable, to restore the site to its previous condition and allow • the reservoir to revert to one of its owners, The Irvine Company, or to transfer the ownership to the Irvine Ranch Water District (IRWD) to use it for reclaimed water storage. Volume 53 - Page 607 INDEX Local Law Enforcement Block Grant Crime Prevention Program (70) San Joaquin Reservoir Ownership Transfer & Joint Statement of Objectives (89) ,r u City of Newport Beach City Council Minutes September 26, 2000 IN"I D/1 Deputy City Manager Kiff stated that IRWD's proposed operation would maximize the storage during the winter and withdraw water during the summer. He stated that the minimum level would never go below 300 acre feet. He added that the operation would also include a circulation and treatment system to prevent odors. Deputy City Manager Kiff stated that the Joint Statement of Objectives is a joint statement of goals and objectives regarding Newport bay and water quality, and how the City and IRWD can partner to do certain things. He stated that it is important because it is a reaffirmation of a National Pollutant Discharge and Elimination System ( NPDES) order, Order 94 -22, issued by the California Regional Water Quality Control Board (Regional Board). He stated that Order 94 -22, adopted in 1994, limits the amount of water that IRWD can discharge into San Diego Creek and the bay from the Sand Canyon Reservoir. He stated that it allows for discharge during a catastrophic, chronic, or cumulative storm event, which is rainfall that is equivalent to that from a 25 -year, 24 -hour storm event or about five inches of rain. Deputy City Manager Kiff stated that the Regional Board reports that Sand Canyon Reservoir has had such discharges six times over the past 22 years. Deputy City Manager Kiff stated that the issue is controversial and he suggested that in order for the City Council to support the project, it should • first determine that reclaimed water storage is a good thing that will minimize or eliminate the need to discharge, that the discharge provision in Order 94 -22 is appropriate, that the Regional Board will enforce Order 94 -22 and that the terms in the Statement protect and preserve Order 94 -22's 25- year storm event limit. Mayor Pro Tem Adams asked what would prevent the Regional Board from rescinding or modifying Order 94 -22. Deputy City Manager Kiff stated that NPDES orders are effective for five years. He stated that the San Joaquin Reservoir would have no discharge because it doesn't have a watershed, and added that IRWD's management intent is that there would be no overflow. He stated that IRWD currently manages two reservoirs and discharges are handled through the Sand Canyon Reservoir under the provisions of Order 94 -22. Deputy City Manager Kiff stated that the City's concern was that the new three - reservoir system might mean discharges out of the San Joaquin Reservoir. He added that the intent of the joint statement is to reaffirm Order 94 -22 for a longer period of time. Additionally, for Mayor Pro Tem Adams, Deputy City Manager Kiff stated that the agreement with IRWD doesn't entirely mitigate the need to discharge during a storm event. He stated that IRWD would have to answer the question about any increase in the discharge threshold in the system due to the third reservoir being added. Mayor Pro Tem Adams referred to the letter of September 26, 2000, from Johnson & Edwards. He stated that they suggest that the City would be in • violation of the California Environmental Quality Act (CEQA) because it would be initiating a project before the Negative Declaration process is complete. Assistant City Attorney Robin Clausen stated that based upon the Volume 53 - Page 608 City of Newport Beach City Council Minutes September 26, 2000 • contingent nature of the proposal, the action would not be effective if the approvals were not received. She added that Johnson & Edwards has also appeared to separate out the City's discretionary approval of the sale as a project in itself, when the project has to be considered in its entirety which makes IRWD the lead agency. Responding to Council Member Debay's question, Assistant City Attorney Clauson stated that it is not unusual to receive letters such as the one from Johnson & Edwards at the last minute. She added, however, that the City Attorney's office was aware of their issues. Council Member Glover asked if there would be fewer discharges if a third reservoir were added to the system. Deputy City Manager Kiff stated that he believes that this would be the case. He stated that it is believed that if there is more storage for reclaimed water, there wouldn't be the need for projects such as the Wetlands Water Supply project. Council Member Glover asked if IRWD wanted the ability to discharge beyond the permit from the Regional Board. Deputy City Manager Kiff stated that the full intent of IRWD is to abide by the existing provisions of Order 94 -22. He added that any subsequent orders would include the same discharge terms. Council Member Glover asked if the Joint Statement of Objectives has the same legal status as a memorandum of understanding (MOU) or a contract agreement. Deputy City Manager Kiff stated that he doesn't feel it does, but he also believes that there is significant value in having the document. He feels that if action is taken contrary to the Statement, the City would inform the Regional Board. Council Member Glover stated her opinion that the Regional Board would not enforce the Statement. Assistant City Attorney Clauson stated that the Statement was not drafted to be a legally binding contract. Council Member Glover asked why it wasn't and Deputy City Manager Kiff stated that the negotiating parties settled on the Statement. Council Member Ridgeway added that he was a part of the negotiations and is satisfied that they negotiated the best document possible for public protection, given that IRWD refused to enter into an MOU or a legally binding agreement. He stated that he agreed with the Deputy City Manager that the document would be abided by and that the Regional Board would continue to enforce Order 94 -22. Council Member Debay stated that she was also on the committee that met with IRWD. She stated that all sanitation and water districts take NPDES permits very seriously, and added that the Regional Board will enforce Order 94 -22. She stated something has to be written in the permits that allows for release of reclaimed water during storm events. Council Member Thomson noted that six releases have occurred in a 22 -year period and the permit allows for releases during 25 -year storm events. He asked if treated water would be continued to be dumped in the bay every four to six years. Council Member Thomson stated that he knows that the • Spyglass neighborhood is in support of using the San Joaquin Reservoir for reclaimed water storage, but he wants to make sure that there's proper aeration to eliminate any smells. He also requested assurances that the Volume 53 - Page 609 INDEX • City of Newport Beach City Council Minutes September 26, 2000 INDEX reservoir would be safe and that the bay would be protected. Mayor Noyes stated that the issue of discharging into the bay is an emotional and high profile issue. He stated that residents have clearly stated that they don't want discharges of reclaimed water into the bay and that the perception of any reclaimed water in the bay is important to the economy of the City. Mayor Noyes suggested that a firmer agreement should be possible. He pointed out that the Spyglass residents expect the City to take care of the smells. Mayor Noyes asked why an environmental impact report (EIR) wouldn't be necessary and if the Negative Declaration was already approved. Deputy City Manager Kiff stated that IRWD has issued a Negative Declaration on the project and it is available for review. He stated that he also has a summary of some of the mitigation commitments and that they are fairly extensive. Assistant City Attorney Clauson added that the draft is available for comment and it could be decided that a Negative Declaration is not sufficient. Mayor Noyes asked who was reviewing the document and suggested that the Environmental Quality Affairs Citizens Advisory Committee (EQAC) should maybe be doing so. Deputy City Manager Kiff stated that the comment period for the Negative Declaration is open through the middle of October. Assistant City Manager Wood stated that EQAC's next meeting is scheduled for October 16, 2000. • Mayor Noyes stated that he feels that the Statement is a good document and that the intent is good. He stated that it takes the City close to where it needs to be, but he is concerned that no one is reviewing the Negative Declaration. Deputy City Manager Kiff stated that staff would be reviewing and commenting on the document. Mayor Noyes just wanted to make sure that the intent will become the result and he thinks the City should use its strong negotiating position to get IRWD to make their promises in writing. Kevin Johnson, Johnson & Edwards, representing Defend the Bay, stated that the ownership transfer is premature. He stated that the law states that the City is a responsible agency and therefore cannot approve a discretionary project until a final EIR or Negative Declaration is completed. Mr. Johnson stated that he has begun reviewing the Negative Declaration and feels that there are some problems with the document and some important issues that have not been addressed. Additionally, he stated that the City has the controlling interest in the entire project and shouldn't let it be sold for $13,000. He stated that there needs to be more information about the impacts and about Order 94 -22. He stated that a major concern of Defend the Bay is that the City is being a facilitator of a system that is destined not to protect the environment. Council Member O'Neil asked if IRWD could actually condemn the City's interest and acquire the reservoir through eminent domain. Mr. Johnson stated that he would think that it would be difficult based on the many policy issues involved. • Susan Caustin asked that the City Council reject the proposal as it currently stands or at least defer the decision until there is more information. She Volume 53 - Page 610 u City of Newport Beach City Council Minutes September 26, 2000 INDEX stated that the City is responsible to protect the residents of Newport Beach and ensure the quality of the water in the bay. She stated that the City does not have the responsibility to utilize the reservoir. She stated that there needs to be an agreement that binds IRWD to predetermined limitations on their discharges. She stated that simply trusting IRWD isn't enough due to their past actions. Ms. Caustin provided the City Council with IRWD discharge records from 1982 and 1995, which she stated showed that IRWD didn't discharge six times in the past 22 years but that they discharge almost continuously. She pointed out that IRWD recently tried to get a downgrading of their permit and has also tried to loosen water quality standards, both of which do not represent the action of an entity that is trying to protect the bay and follow their permit. Ms. Caustin also cited the Green Acres Project which was supposed to eliminate the need to discharge water into the bay and IRWD's plan to increase its production at the Michelson Plant. She stated that no discharge should be sought and that any agreement should be legally binding. Bob Caustin, Defend the Bay, stated that the EIR circulated by IRWD in 1995 was not supported by the City or Defend the Bay, and it was Defend the Bay that had to take the project to the Superior Court, where the project was disallowed because it was determined to be harmful to the bay. Mr. Caustin provided a copy of IRWD's 1969 Master Plan. He stated that IRWD has a history of not taking care of their wastewater. He stated that in the current Statement, IRWD is asking the City to take on their • responsibilities. He referenced the section on the operation of the San Joaquin Reservoir in the Statement and stated that it leaves it open for IRWD to change their permit in the future. He also cited statements made by IRWD in 1996 when they said they only needed to get rid of 5 million gallons per day. Mr. Caustin stated that the Green Acres project took care of 7.8 million gallons per day, but it wasn't enough for IRWD. He also asked that the City look closely at the health risk assessment study. He asked that the City Council postpone their decision and require an agreement that spells out the issues. Jack Skinner, 1724 Highland Drive, thanked the City for trying to work out the negotiations with IRWD. He stated that he supports the use of reclaimed water in Southern California and it makes sense to use the currently empty San Joaquin Reservoir if it can provide a benefit to the City and IRWD. He stated, however, that he is uncomfortable with the current arrangements and is disturbed by IRWD's reluctance to enter into a binding agreement. Mr. Skinner stated that he is also disappointed that the Green Acres project hasn't made it unnecessary for IRWD to discharge into the bay. Mr. Skinner suggested that the City Council continue the item. Mayor Noyes agreed that it would be beneficial to have the reservoir repaired and filled, if the proper safeguards were put into place. Clint Hoose, Harbor Ridge Homeowners Association, stated that the Association has worked with the City and IRWD over a period of • approximately three years to try to bring to fruition the use of the reservoir. He stated that it makes the most sense to use it for reclaimed water storage. He confirmed that if Newport Coast is annexed into Newport Beach that the Volume 53 - Page 611 • City of Newport Beach City Council Minutes September 26, 2000 INDEX reservoir would be located within City limits. Deputy City Manager Ki£f stated that the operation would still be controlled by the owners of the reservoir. Mr. Hoose expressed his understanding that the process was moving forward with the proper control and constraints to make it an effective project. He stated that the Association is counting on the City to make sure that everything is in place, but that they are in support of the use of the reservoir for reclaimed water storage by IRWD. He added that the Association is interested in purchasing reclaimed water to use on their greenbelts, which he said will save the City about 39 million gallons of potable water per year. Nancy Skinner, 1724 Highland Drive, stated that she wants to hear directly from IRWD about what their level of commitment is. Paul Jones, IRWD General Manager, stated that he feels that the process and the resulting Joint Statement of Objectives has tried to recognize the differences of opinion on reclaimed water. He stated that the City and IRWD have the mutual desire to protect the watershed and water quality. He stated that the project is designed to mitigate IRWD's need to discharge in the future, but that their reclaimed water production and demand will continue to grow. He stated that the project was designed to store the water in the winter and use it in the summer. is Mr. Jones stated that IRWD is committed to full compliance with their permit and will actively pursue renewal of the permit under the current discharge terms. He added that the San Joaquin Reservoir has no watershed, while the Sand Canyon Reservoir has a very large watershed. He stated that discharges are allowed under Order 94 -22. Mr. Jones stated that the reason IRWD is reluctant to sign an agreement with the City is that they already operate under an agreement, which is Order 94 -22. He stated that the Regional Board is responsible for monitoring water quality and for enforcement of reclaimed water regulations. He stated that IRWD welcomes monitoring. Mr. Jones stated that IRWD does need to provide more information to the public on how the reclaimed water system is operated. Mr. Jones stated that IRWD prepared a mitigated Negative Declaration and it has been available to the public since September 8, 2000. He stated that the declaration contains numerous mitigation measures, including odor control. He noted that Turtle Rock residents overlook the Sand Canyon Reservoir, which is also operated by IRWD, and there have been no complaints about the reservoir or its operation. Mr. Jones stated that the other benefits of the project include the restoration of a blue water view for the residents that overlook the San Joaquin Reservoir. He pointed out that IRWD's service area includes Newport Ridge, which also overlooks the reservoir. Mr. Jones concluded by stating that he understands the concerns mentioned throughout the evening, but he feels that IRWD has tried to put together a Joint Statement of Objectives that is • fair to the citizens of Newport Beach. Mayor Pro Tom Adams asked what assurances the City has that the renewal Volume 53 - Page 612 1 City of Newport Beach City Council Minutes September 26, 2000 INDEX of Order 94 -22 will take place. Mr. Jones stated that IRWD cannot continue to use reclaimed water if the Order is not renewed. Mayor Pro Tern Adams stated that the City has no assurance that the Order will be renewed under its current terms and conditions. Mr. Jones stated that there is a public process associated with the renewal. Mayor Pro Tom Adams stated that he is concerned about the uncertainty of the renewal and its discharge terms. He stated that the members on the Regional Board might change and he has no assurance that the terms will be equal to, or better than, what they are currently. Mr. Jones stated that there are certain regulations that dictate the use of reclaimed water that are statewide and it's the Regional Board's job to administer those regulations. Mayor Pro Tem Adams asked if this means that State regulations supersede Order 94 -22. Mr. Jones stated that Order 94 -22 is a derivative of the State regulations. He added that the State regulations address water quality impairment issues and the Regional Board applies that to the local situation. Mayor Pro Tom Adams stated that the benefits of the project are to fill the reservoir which provides an aesthetic benefit and to provide storage for reclaimed water which reduces the need for discharge. He asked why the threshold wouldn't be raised on the discharge terms when this third reservoir is added to the system. Mr. Jones stated that the only direct point discharge from the Sand Canyon Reservoir is due to the watershed. He stated that the system still needs more storage to meet its demands. He further clarified that the term in the agreement that mentions the is mitigating of discharges is referring to the mitigation of the need for future additional discharges associated with increased production of reclaimed water. Mayor Noyes confirmed that there is no tie between the two reservoirs. Council Member Debay confirmed with Mr. Jones that there is a difference between the Wetlands Water Supply project and the project being discussed at the current meeting. She further clarified that the reclaimed water project involves tertiary- treated water, which goes through four stages. These four stages include the removal of settle -able solids, removal of soluble organics, filtration and disinfection. Council Member Debay stated the quality of tertiary - treated water is nothing like the water discussed in the other project. Mr. Jones confirmed that tertiary- treated water is of drinking water quality, but because of its origin of use is not consumed in that way. Council Member Debay further asked Mr. Jones to discuss IRWD's diversion of San Diego Creek water into their wetlands. She stated that this treats the water before it enters the bay and improves its quality. Mr. Jones explained that the process removes nitrogen and other nutrients that are potentially harmful to the bay. Council Member Debay pointed out that IRWD is doing something to improve the water quality in the bay. Council Member Glover stated that the City was under the impression that the Green Acres project which grew from the Wetlands Water Supply project • would alleviate any need for future discharges. She stated that she supports the use of the San Joaquin Reservoir for reclaimed water because she feels it is to the benefit of the residents in that area, but she asked what would be Volume 53 - Page 613 City of Newport Beach City Council Minutes September 26, 2000 is the next step in avoiding future discharges. Mr. Jones stated that IRWD has the connections for discharge to the Green Acres project and to the Sanitation District. He stated that it's a combination of these discharges and the increased storage capacities that will take care of future needs. Mayor Noyes stated that there is a lot of respect for IRWD's position that reclaimed water is good. He stated, however, that since Newport Beach is getting the full impact of any discharges into the bay, there is also a great deal of concern. He suggested that the City Council should send a message to IRWD that the agreement needs to be strengthened. He stated that he'd like to get closer to no discharge and more assurances that the nearby residents will be well protected from any impacts. Mayor Noyes asked if the comment period on the Negative Declaration could be extended. Assistant City Manager Wood stated that the comment period ends on October 9, 2000, and that EQAC meets approximately one week later. She stated that it would be up to IRWD, the lead agency, to extend the comment period. Mary Aileen Matheis, Vice President, IRWD, stated that as a member of the board, she is interested in the City Council and the citizens of Newport Beach being fully aware of what was going on. She stated that if the City Council feels that an extension of the comment period would have any effect on people's opinion of the project or would move the process forward, she feels that the IRWD board would agree to an extension. She stated that IRWD has been a good neighbor, and a good custodian of water and • reclaimed water, and she felt that they had been unjustly criticized at the current meeting. Mayor Noyes stated that individuals do have the right to make comments, and it doesn't necessarily reflect the opinions of the City Council. He stated his appreciation for Ms. Matheis's efforts in trying to get the comment period extended. Deputy City Manager Kiff stated that he respects the Regional Board and that they feel that IRWD, with their current board and management, have taken a totally new approach to their commitment of the bay. Mayor Noyes added that he understands that most people feel that the Statement is a good document, but just maybe needs to be tightened up a bit. Mayor Pro Tern Adams stated that personalities need to be taken out of the decision, and cited the fact that board members will change and regulations may change with them. He stated his dissatisfaction that a written binding agreement with IRWD can't be obtained that will address the discharges into the bay. Ms. Skinner stated that she is also still disappointed that she didn't hear anyone from IRWD state that they do not intend to ask for any additional discharges into the bay. She wants to hear such a commitment. • Motion by Council Member Glover to continue the item to October 24, 2000, to give EQAC the opportunity to review the Negative Declaration and the Chairman to present a report to the City Council on their findings. Volume 53 - Page 614 INDEX City of Newport Beach City Council Minutes September 26, 2000 • Additionally, requested that the City Attorney meet with the IRWD Attorney to work out an MOU, and requested that the Regional Water Quality Control Board provide a report on the potential to change the NPDES permit. Mayor Noyes added that this would be contingent on IRWD granting an extension to the comment period on the Negative Declaration. He suggested that EQAC might also want to form a special subcommittee to move the process forward as quickly as possible. Assistant City Manager Wood stated that she felt that EQAC would be prepared to present their report at the City Council meeting of October 24, 2000. Council Member Debay requested that the Regional Board also describe to EQAC exactly what a permit is, that it is a state statute enforced by a state - appointed board and that a water district in violation of such a permit could lose their total permit to operate the water district. Council Member Ridgeway stated that the City also needs to understand from the Regional Board the potential to change the NPDES permit. He stated that he thinks the City can work with IRWD on the level of commitment that Ms. Skinner is asking for, but he still doesn't think the City will ever be satisfied with the regulations not changing as asked for by Mayor Pro Tem Adams. The mot • Ayes: Noes: Abstain, Absent: ion carried by the following roll call vote: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes None None None is. REPORT FROM POLICE AND FIRE DEPARTMENTS REGARDING EMERGENCY RESPONSE TIMES ON PCH & BALBOA PENINSULA. Captain Paul Henisey stated that an analysis was conducted on the Police Department's response time to various calls. He stated that calls are divided into five priorities. He stated that Priority One calls include major crimes in progress where there is potential for serious personal injury. He stated that the effort by the Police Department is to have the response time under three minutes for these types of calls. He stated that the staff report provides the details on the response time in the reporting districts and it ranges from two minutes and thirty seconds to three minutes and four seconds for Priority One calls. Captain Henisey stated that he was also asked to report on the response times by the Police Department during rush hour periods. He stated that the Police Department deploys its resources based upon its level of calls for service. He stated that the morning rush hour is covered by the day watch and the motor officer deployments. He stated that the afternoon rush hour is covered by the mid -watch and the day watch deployments. He stated that • another spike for calls occurs from 10:00 p.m. to midnight and is covered by the mid - watch. He stated that due to the way that the Police Department deploys its resources, response times generally remain the same throughout Volume 53 - Page 615 INDEX Emergency Response PCH & Balboa Peninsula (41/70) City of Newport Beach City Council Minutes September 26, 2000 • the day. Mayor Pro Tem Adams stated that there is also concern by some people on transports to Hoag Hospital. He stated that he was looking for assurances that the City is able to contend with regional traffic growth in regards to police and fire responses, as well as transportation to Hoag Hospital. Captain Henisey stated that the Police Department is also looking at some aspects of technology that will continue to maintain or improve response times to emergency calls. He noted that the Fire Department operates an opticom system, which gives them control over signal lights. Council Member Ridgeway referred to Page 3 of the staff report and the comment that response times on the peninsula during peak hours and weekends are not significantly degraded. He asked if response times are ever significantly degraded. Captain Henisey stated that they might be due to unusual circumstances. He added, however, that the greatest number of resources are deployed during those times, as well as an increase in the use of motor and bike officers. He stated that in the early 1980'x, he remembers traffic being much heavier than it has been in the previous ten years. Fire Chief Tim Riley stated that the Fire Department's response to the question about peak traffic loads and the impact on response times is covered in the staff report in a general way, because the Fire Department is doesn't have the statistical analysis to do point location traffic demands versus response times, due to the way that resources are deployed. He stated, however, that the Fire Department did analyze the difference between aggregate response times during the recognized peak hour times and response times outside those times. He stated that the average increase in response time during the peak hours was fifteen to twenty seconds. He stated that this was based on a one year analysis and did not include prior years, but stated that he is aware that there used to be significant traffic problems on the peninsula that don't seem to exist currently. Chief Riley stated that transport to Hoag Hospital in extreme situations generally follows the modeled responses with traffic during the peak hours probably adding fifteen to twenty seconds to Code Three level transports. He stated that the additional time in responding to the patient is of greater concern, however, because the patient is receiving no care during that time whereas on the transport to Hoag Hospital, they are receiving paramedic care. Mayor Pro Tem Adams noted that station locations help in the response time to the patient, but have no bearing on the response time from the location where the patient is picked up to Hoag Hospital. Chief Riley added that the number of times that patients are transported to Hoag Hospital at the Code Three level, or red lights and sirens, are very minimal. Mayor Pro Tem Adams stated his appreciation for the report and asked what • the City Council could be doing to assist with response times in the long term. Chief Riley stated that the Police Department is looking at adopting some of the technology already used by the Fire Department. He stated that Volume 53 - Page 616 INDEX City of Newport Beach City Council Minutes September 26, 2000 • the two departments are discussing how the two systems can be integrated together, such as using a multi -level control of intersection preemption. He stated that the Fire Department has also contracted with an outside firm to do a complete study of its dispatch, technology and strategic management needs. He stated that they are looking at alternate means of technology to improve service levels. Chief Riley concluded by stating that traffic has not become a significant issue for emergency responses or transports to Hoag Hospital. Mayor Pro Tom Adams asked if the response times were looked at on a regular basis and if a change in trends would be reported to the City Council. Chief Riley stated that with the upcoming annexations, the Fire Department is again looking at fire station locations and response times. Per Council Member Ridgeway's question, Chief Riley stated that the paramedics serving the peninsula are located at City Hall. He added that there are three paramedic treatment and transport units in the City and the other two are located at Fashion Island and in Corona del Mar. Per Council Member Debay's question, Chief Riley stated that there used to be paramedics on the engines but it was found that it was better for availability of total advance life support resources to have all of the paramedics operate the same and have them do basic transports as well. He stated that it is planned to have a paramedic on the engine in Newport • Coast, because that is their current level of service. Council Member Debay stated that she discussed the traffic issues at Coast Highway and Bayside, Superior and Dover Drives with the City's traffic engineers and learned that the backups are due to an engineering problem with CalTrans. She added that she recently received a brochure in the mail supporting traffic relief and Proposition 35. She stated that Proposition 35 would get overdue projects moving faster by putting more people on the job by using private and public sector architects and engineers. Council Member Debay encouraged everyone to vote Yes on Proposition 35. Mayor Noyes asked Captain Henisey to explain why he felt the traffic on the peninsula was improved over previous years as he mentioned earlier in the current meeting. Captain Henisey stated that he feels that the improvements to the Arches Interchange were significant, and that improvements to signal synchronization and Coast Highway have also played a role. 19. INITIATION OF A ZONING ORDINANCE AMENDMENT AND CONSIDERATION OF THE PLANNING COMMISSION'S RECOMMENDATION TO ESTABLISH A MORATORIUM TO REGULATE COASTAL BLUFF DEVELOPMENT. Assistant City Manager Wood stated that the Planning Commission at its meeting of September 7, 2000, after consideration of two variance • applications on the coastal bluffs in Corona del Mar, has recommended that the City Council adopt an urgency ordinance that would give the Planning Commission authority for discretionary review before permits are issued for Volume 53 - Page 617 INDEX Res 2000 -85 Amendment No. 908 Coastal Bluff Development (94) • City of Newport Beach City Council Minutes September 26, 2000 INDEX projects that would impact the coastal bluffs. She stated that the State Planning Law does not give the City the authority to adopt interim zoning regulations and that a moratorium would be the only quick remedy. Assistant City Manager Wood stated that the Planning Commission is opposed to a moratorium, but does recommend that the regular process for amending the zoning ordinance be initiated and moved forward as quickly as possible. Council Member O'Neil confirmed with Assistant City Manager Wood that the staff report includes a resolution to initiate the zoning amendment. He stated that he feels it would be appropriate to adopt the resolution and to instruct staff to review Title 20 to determine if there's a procedure that can be used to review projects that are being built on the coastal bluffs that might interfere with public views or degrade the quality of the bluffs. He further suggested that the review should be limited to the bluffs on Ocean Boulevard to begin with because he didn't want to interfere with the work already being done in the Mariners Mile area. Motion by Council Member O'Neil to adopt Resolution of Intent No. 2000 -85 to initiate Amendment No. 908, which will amend Title 20, Zoning Code and the Districting Maps regulating coastal bluff development along Ocean Boulevard. Dan Purcell stated that he is very aware of the issue and understands what • the Planning Commission is trying to do. He stated that it appears that there is a big hole in enforcement mechanisms for some of the policies that are in place. He stated that one of the properties that brought the concern to light was actually designed in such a way that it would accentuate the cliff. He stated that this resolution provides an opportunity. Mr. Purcell also announced that the Corona del Mar Residents Association is hosting a City Council candidate forum on Monday, October 2, 2000. Andrew Gutz stated that the ordinance proposed by the Planning Commission would require coastal bluff residents needing a grading permit to go through a public process. Mr. Gutz stated that this would require quite a lot of effort for anyone wishing to build on Ocean Boulevard. Olga Kissinger, an Ocean Boulevard resident, stated that she was closely involved with the variances that were requested at the Planning Commission meeting and hopes that Title 20 will be adhered to in its current form. She stated that variances shouldn't be allowed. Council Member Ridgeway stated that the City has been consistent with its preservation of public views, but has not been consistent with preservation of the bluffs. He asked for an explanation by Council Member O'Neil on what he foresees will happen if the Resolution of Intent is adopted. Council Member O'Neil stated that he does not anticipate a moratorium, but • that staff will review the City's current policies and ordinances to determine what controls are in place currently for development on coastal bluffs. He stated that staff could then make a recommendation on what should be done Volume 53 - Page 618 J City of Newport Beach City Council Minutes September 26, 2000 to further insure that the coastal bluffs will not be developed in such a way to interfere with public views or be detrimental to the bluffs. He felt that the process could take several months. He stated that the City Council could then decide if there is enough enforcement in place or if a procedure should be put into place that requires site plan review. Assistant City Manager Wood added that staff would look at Title 20 and Title 15, and agreed that the existing procedure for site plan review might be the most appropriate. She further agreed that staff should be able to make a recommendation to the City Council by the first of the year. Council Member O'Neil suggested that, in the meantime, if there are structures that are proposed along the Ocean Boulevard bluff area that are of concern, the City Council should be made aware of them. He stated that he is not an advocate of moratoriums, but would like to follow the recommendation of the Planning Commission. 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 MOTION FOR RECONSIDERATION - None. is ADJOURNMENT - at 10:15 p.m in the memory of Rosalind Williams and all those who have lost their lives to breast cancer. Additionally, Mayor Noyes commended Deputy City Manager Kiff and the 75 people who got together as a team to walk in the Race for the Cure on September 24, 2000, in Rosalind's memory. The agenda for the Regular Meeting was posted on September 20, 2000, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Volume 53 - Page 619 INDEX