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HomeMy WebLinkAbout11/28/2000 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 28, 2000 - 7:00 p.m. - Cancelled. CLOSED SESSION - 5:30 p.m CLOSED SESSION REPORT PRESENTED - None. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Absent: None Pledge of Allegiance - Mayor Pro Tern Adams. Invocation by Council Member Jan Debay. Proclamation awarding special recognition to Sergeant James Kaminsky, Officer Michael Pule, and the members of the Newport Beach Police Department for their outstanding community policing efforts while improving conditions in and around Talbert Park (contd. from 11/14100). Sergeant Kaminsky stated that the proclamation is important because it comes from within the City and the Police Department. Officer Pule noted that they received a lot of assistance from other entities and that he will let them know about this award. Presentation Celebrating 80 Years of Library Service. Board of Library Trustees Chairman, Patrick Bartolic, presented the City Council with two oversized birthday cards and announced that they have a birthday cake available for everyone. Trustees Walt Howald and Julie Ryan then provided historical information about the library. Eileen Penan and daughter, Hayley, from the Central Library; James Cantwell and sons, Sean, Ryan, and Michael, from the Balboa Branch; and Karen Angus and daughter, Stephanie, from the Mariners Branch expressed their appreciation for everything the library provides and for its helpful staff. Chairman Bartolic thanked Council, staff, and the community for helping the City's library become the third best library in the country out of 9,000 libraries. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM): Mayor Pro Tern Adams requested that, on December 12, 2000, Council consider a proposed change to the General Plan Update Committee membership to include an appointment from the Measure S campaign. Mayor Pro Tem Adams requested that Council consider the reformation of Volume 53 - Page 687 W1 City of Newport Beach City Council Minutes November 28, 2000 the City Council Finance Committee at the December 12 Council meeting. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF NOVEMBER 14, 2000. 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 Clerk to read by title only. RESOLUTIONS FOR ADOPTION 3. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL CORRECTION TO ORDINANCE AND RESOLUTION OF INTENTION. Adopt revised Resolution of Intention No. 2000 -96; rescind Resolution No. 2000 -93; and introduce revised Ordinance No. 2000 -23 to modify the Assessment District boundaries, to rename the Assessment District, and confirm Intention to Levy. 4. FORMATION OF AD HOC TELECOMMUNICATIONS COMMITTEE. Adopt Resolution No. 2000 -97 creating the Ad Hoc Telecommunications Committee. ORDINANCES FOR ADOPTION 5. INCREASE IN ZONING PLAN CHECK STAFF AND CHARGES FOR PLAN CHECK SERVICES. Adopt Ordinance No. 2000 -24 approving an amendment to Chapter 3.36 of the NBMC pertaining to the recovery of costs for Title 20 Plan Check. 6. ORDINANCE AMENDING CHAPTER 12.66 - PRIVATE ROADS, OF THE NEWPORT BEACH MUNICIPAL CODE. Adopt Ordinance No. 2000 -25 amending Chapter 12.66 of the Newport Beach Municipal Code to apply provisions of the California Vehicle Code to private roads in the Baypointe Apartments Development and updating sections of Chapter 12.66. CONTRACTS AND AGREEMENTS 7. 2000 -2001 SIDEWALK, CURB AND GUTTER REPLACEMENT, CONTRACT NO. 3352 - BUDGET AMENDMENT. Approve a budget amendment (BA -017) appropriating $8,000 from General Fund Balance 010- 3605 to 7013- C5100549 (2000 -2001 Sidewalk, Curb and Gutter Replacement). 8. Removed at the request of Council Member Glover. 9. IRVINE RANCH WATER DISTRICT (IRWD) AGREEMENT. Rescind earlier approval of agreement with IRWD relative to water and sewer service Volume 53 - Page 688 INDEX Res 2000 -96 Ord 2000 -23 Marine Avenue BID /Assessment District (27) Res 2000 -97 Telecommunications Committee (24) Ord 2000 -24 Zoning Plan Check Staff & Plan Check Charges (40/66) Ord 2000 -25 Private Roads/ Baypointe Apartments (85) BA -017 C -3352 Sidewalk, Curb & Gutter Replacement (38/40) C -3330 Water & Sewer City of Newport Beach City Council Minutes November 28, 2000 1 1 D►'1 Volume 53 - Page 689 in the Newport Coast (Contract No. C -3330) and re- approve agreement at Service in Newport the current meeting. Coast (38) MISCELLANEOUS ACTIONS 10. REPLACEMENT OF FIRE ENGINES. Approve a budget amendment BA -019 (BA -019) for the purchase of three fire engines from American LaFrance at a Replacement of total cost of $957,424 and the transfer of $873,049 from the General Fund Fire Engines Unappropriated Reserves to the Equipment Replacement Fund ($84,375 is (40/41) already included in the current budget for fire engine replacement). With this transfer, all Reserve Funds policy requirements are still being met. 11. BUDGET AMENDMENT TO UPDATE THE CITY S HAZARDOUS BA -014 MATERIALS AREA PLAN. Approve a budget amendment (BA -014) of Hazardous $10,000 from the General Fund balance for contract services to update the Materials City's Hazardous Materials Area Plan with $8,000 of the cost to be Area Plan reimbursed to the City by Hazardous Materials Emergency Planning (40/41) (HMEP) Grant approved by the Governor's Office of Emergency Services. The total cost to the City for these services will be $2,000. 12. HUMAN SERVICES GRANTS FOR 2000 -2001. Authorize the Human distribution of grants totaling $25,000 from Fund #010 - 20.0100 -8254 to Services various Human Services organizations that serve the Newport Beach Grants community. (40) 13. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS EQAC CITIZENS ADVISORY COMMITTEE (EQAC). Removed from the Appointment Consent Calendar. (24) City Manager Bludau noted that the recommendation in Item 3 (Marine Avenue Business Improvement District) should be amended to also rescind Resolution No. 2000 -93. Regarding Item 4 (Ad Hoc Telecommunications Committee), he clarified that the Committee would operate under the Brown Act and that the appropriate utilities will be notified of every meeting. Additionally, he indicated that staff is requesting that Item 13 (Appointment to EQAC) be removed from the Consent Calendar since that action is no longer required due to the change in the EQAC provisions. Motion by Mayor Pro Tern Adams to approve the Consent Calendar, except for the item removed (8) and noting the change to Item 3, clarification of Item 4, and removal from the calendar of Item 13. 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 8. DOVER DRIVE WATER MAIN BREAK REPAIR - BUDGET BA -018 Volume 53 - Page 689 City of Newport Beach City Council Minutes November 28, 2000 AMENDMENT. Council Member Glover stated that she pulled this item because it concerns an emergency expenditure of $155,000 to repair the 30 -inch water main break and pavement replacement in Dover Drive between Cliff Drive and West Coast Highway. She reported that the City has very good staff and commended staff on how this was handled and repaired, and how quickly staff responded. She expressed hope that the citizens understand and appreciate what good staff the City has and added that she was only without water for 45 minutes. Motion by Council Member Glover to 1) approve the emergency expenditure of $155,000 to repair the 30 -inch water main break and pavement replacement in Dover Drive between Cliff Drive and West Coast Highway; and 2) authorize a budget amendment (BA -018) appropriating $155,000 from the Water System Reserve Fund Account Balance to Water Fund Account 5500 -8160 (Maintenance and Repair Materials) for the Dover Drive water main and pavement repair. Council Member Ridgeway stated that he visited the site 16 hours after the break and commended staff for handling the matter expeditiously and professionally. 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 14. JWA SETTLEMENT AGREEMENT - PROPOSED EXTENSION. Mayor Noyes stated that the City asked the County Board of Supervisors at their last meeting to approve the start of the process that would extend the John Wayne Airport (JWA) Settlement Agreement. He reported that two Supervisors voted in favor of the proposal and two Supervisors wanted more time to study the proposal. He indicated that the City has been meeting on this issue for over a year with other cities, including South County cities, and that they developed dialogue that does not take E1 Toro off the table. However, in talking with South County, they understand that the City sees E1 Toro as an option even though they think there are other options. He reported that part of the City's strategy was to bring the settlement agreement extension to the Board after the election so that this issue would not get inflamed in the news and would not become an election issue amongst those trying to get elected into city councils throughout the County. He indicated that Supervisor Tom Wilson brought this forward and that this will be brought back to the Board on December 5, adding that he feels confident that this will get four or five votes to begin the process. He indicated that they would like to have five votes because the City felt it would have the most aggressive ability to withstand any attacks by the FAA, Volume 53 - Page 690 INDEX Dover Drive Water Main Break Repair (40/74) C -2535 JWA Settlement Agreement (38/54) City of Newport Beach City Council Minutes November 28, 2000 INDEX airlines, or any other party. He reported that the City is going to ask the County to cooperate with the City in preparing an environmental document. He emphasized that, even if the Board votes in favor of the City's proposal, it does not give the City an instant settlement agreement extension, but does put the City into a year long process of trying to develop the environmental document. Mayor Noyes noted that the settlement agreement has been in place for about 20 years. He added that the City does not have the ultimate protection even with the agreement being extended to 2025, noting that the agreement could be challenged as air traffic demands increase in the County. He stated that the City needs to keep an eye on developing an alternative to JWA and emphasized that it is imperative that the City work with all the players in the County and the stakeholders. He noted that where the City goes with this is somewhat uncertain; however, this Council believes that it is time to begin that process. Mayor Noyes explained that the purpose of this agenda item is to try to explain what is going on, the process, and what Council has been doing about this. He reported that Council Policy A -17, which has been around for 27 years, requires Council to aggressively try to maintain the JWA restrictions while, at the same time, try to develop an alternate site. He stated that, at the Board meeting, Supervisor Todd Spitzer asked the City if it will accept some language that takes away the City's resolve to look for an alternative site. He indicated that the City said they would absolutely not stop looking. Council Member O'Neil indicated that people from the Airport Working Group (AWG) are in attendance tonight and noted that they are the grassroots airport organization that has led the way in the City in trying to make sure that JWA does not expand, while at the same time, pursuing the construction of an airport at E1 Toro. He noted that the El Toro effort has had a setback with the passage of Measure F; however, that is in litigation at this time. He pointed out that the City trying to extend the settlement agreement is a separate issue from the El Toro issue, and that this is how the City presented it to the Board. He explained that this was done because the El Toro issue is somewhat outside of the jurisdiction of the City Council and under the control of the Land Reuse Authority, which is the Board of Supervisors. Further, the City does have control over the extension of the settlement agreement because the City is a party to that agreement, along with AWG and Stop Polluting Our Newport (SPON). He stated that, if the City is successful next Tuesday before the Board, it would probably be appropriate for the City to reengage with AWG and SPON in further discussions to make sure that the process in extending the settlement agreement takes into account all of their concerns, as well as the City's concerns. Council Member Glover reported that she, Mayor Noyes, and Council Member O'Neil have been working on this; have met with the Board and South County cities; and feel they would like to get support from everyone in the County for the extension of the JWA Settlement Agreement. She reiterated that the City deliberately tried not to tie this to E1 Toro and pointed out that it is written in the General Plan that Council will support an airport at El Toro and try to make that a reality. Further, it is also Volume 53 - Page 691 City of Newport Beach City Council Minutes November 28, 2000 INDEX written in the General Plan that the City will seek an extension of the JWA Settlement Agreement. She emphasized that their fast goal is to protect the people of Newport Beach and noted that Council has spent a lot of money on the E1 Toro effort. She stated that the City will be concentrating on the settlement agreement and trying to get that extension. She indicated that the El Toro effort has not been taken off the table, but the Council and many citizens feel that the City also needs the protection of the JWA Settlement Agreement. She stated that, just as South County cities are trying to protect their citizens, the City is trying to protect its citizens by limiting the number of planes that fly over the City, by not having the flying caps removed, and by trying to control the noise. She expressed the opinion that the present Council is very dedicated to seeing that the City is protected and that getting the agreement extension is one of the best ways of doing this. Mayor Noyes clarified that the extension the City is looking for is for an additional 20 years on the existing agreement which expires in 2005. He noted that it has taken a year just to get Supervisor Wilson in a frame of mind to carry this before the Board. Barbara Lichman, Executive Director of the Airport Working Group of Orange County, 1320 Mariners Drive, stated that AWG is in favor of the extension of the settlement agreement. She expressed their concern relative to the resolution that has been offered to the Board and whether it is politically acceptable and legally enforceable. She indicated that AWG is concerned that the resolution was passed without consultation with the other signatories to the settlement agreement. Further, she expressed concern that the new Council has not been brought into this process since any action the current Council takes now can be rescinded or changed by the future Council. Noting that the resolution asks the Board to cooperate with the City to commence an environmental review process, she pointed out that there must be a project in order to have an environmental review process and that the resolution does not specify a project. She indicated that if the project is the current restrictions as they stand today, then they do not understand why Council cannot simply ask the Board to confirm an extension of the current restrictions and then perform the environmental review. However, if it is a different set of restrictions or a different project, she noted that AWG and SPON, among others, must be brought into the process of developing those restrictions. Ms. Lichman believed that, as an airport attorney, the extension agreement would be challenged because JWA is not a local issue, but a national issue. She explained that JWA is part of the National Air Transportation System and any caps imposed at JWA will be a precedent for every other airport in the nation. She reported that the challenge could be avoided by bringing other interested parties to the table, including the airlines, to define the project that is to be reviewed. She believed that this has not been challenged to date because, from 1985 to 1990, terminal facility constraints prevented an interstate commerce clause challenge; and, from 1990 to 1994, there was a recession and the economic pressures did not exist. She indicated that it has only been since 1995 that greater demands have existed that will cause the interested parties to have a problem with the unilateral imposition of caps. Ms. Lichman stated that AWG is somewhat concerned that a year's Volume 53 - Page 692 City of Newport Beach City Council Minutes November 28, 2000 INDEX worth of discussion has gone on with South County cities, who are a non- party in this issue, while the stakeholders in the City have not been consulted. She requested that AWG be immediately involved in all actions relative to the extension since they are one of the drafters of the original settlement agreement. City Attorney Burnham clarified that the resolution did include a draft project description that assumes the 20 year extension would be on the same terms and conditions the airport currently operates under. Further, it allows for minor expansion of the retail space in the terminal area. This was recently approved by both AWG and Council. Aside from that, he stated that the project description assumes status quo for a period of 20 years after the expiration of the current term. Regarding Ms. Liebman's statement that there are no terminal or airfield constraints on operations at JWA, he clarified that it is a small facility with 14 gates and restrictions are imposed by the settlement agreement through the practice of hard - standing. He added that he believes JWA is still a very constrained facility. Further, he slightly disagreed with Ms. Lichman, reporting that the settlement agreement is one of very few restrictions grandfathered by the Airport Noise and Capacity Act (ANCA). An extension of this agreement, which is specifically authorized by ANCA under certain terms and conditions, will set the kind of precedent that will scare other airports or air carriers. Bruce Nestande, 119 Via Jucar, stated that he is a resident and President of Citizens for Jobs and the Economy (CJ &E). He thanked Council for its dedicated effort over the years to provide air transportation services in Orange County and to provide the protection for the citizens through the settlement agreement. Additionally, he thanked them for their dedication to try to find a second airport site in Orange County, mainly in El Toro, and expressed support in extending the settlement agreement. He stated that what is said by South County cities in private is sometimes different than what is said in public and believed that they have not spent $40 million to protect the interests in Newport Beach, adding that Measure S dramatized the concern of citizens regarding surface transportation. He believed that the expansion of JWA would be catastrophic to the City and no one that is serious on the issue can believe that South County politicians do not have a JWA expansion as an option to serve the needs of Orange County residents, especially since they are on record stating this. Since the passage of Measure A, Mr. Nestande stated that CJ &E has supported the passage of five primary propositions, noting that Measure A contains a dual airport system in Orange County. Even though, CJ &E supports the extension of the settlement agreement, they recognize that the ultimate protection for the City is a dual airport system, specifically an El Toro airport. He stated that the settlement agreement is a legal document that will be challenged in court. If this is lost, the City's protection is lost, adding that losing El Toro as an option is to forever surrender the opportunity to have an airport at El Toro for air transportation services. Mr. Nestande stated that when he was on the Board in 1985 it was observed that JWA could not handle all of Orange County's needs and that the County needed a second airport. He reported that a second airport site did not exist Volume 53 - Page 693 City of Newport Beach City Council Minutes November 28, 2000 INDEX in Orange County outside of El Toro, which was still a Marine Corp air base in 1985. He stated that CJ &E supports fairness in this issue concerning airport facilities in Orange County; supports the settlement agreement which will maintain JWA at about 8.5 million annual passengers; and they support El Toro having about 14 and 18 million annual passengers. He explained that, if JWA can handle 8.5 million passengers on its 500 acres, El Toro can handle 14 to 18 million passengers on its 4,500 acres and 13,000 acre no -home zone. He expressed the opinion that this is fair to the South County neighbors since Newport Beach is handling its fair share. Lastly, he stated that E1 Toro could be lost if the 3 to 2 majority vote on the Board is lost; if Measure A is repealed; if the wrong members make up LAFCO; and if a majority is lost on the Airport Land Use Commission which decides land use around airports. Regarding other options, he stated that he does not know of any other option that exists which would protect Newport Beach other than placing an airport at El Toro. Ann Watt, 20261 Spruce Avenue, utilized a PowerPoint presentation that she entitled "The John Wayne Airport Strategic Plan" because she was assuming there was a strategy although she is not sure what strategy the City is using. She indicated that she also does not understand why the City would go to the Board who does not have the authority to keep the caps on JWA. She believed that the vision statement for the entire County should be "to develop an air transportation system that meets the needs of Orange County and maintains the quality of life for all citizens" and indicated that this has been the City's goal. She expressed the opinion that going to the Board gives the South County cities the wrong signal that it is okay for them to expand their airport, but the City's airport should be kept small. She indicated that the Southern California Association of Governments project that 20 to 30 million passengers will be traveling in and out of Orange County in the next 20 years. She emphasized that JWA cannot meet this demand without condemnation of residents and businesses, and believed that the solution is to use JWA and El Toro jointly to meet that demand. She emphasized that Measure F does not and will not protect Newport Beach, stating that Council failed to educate the residents about its impacts. Regarding extending the caps at JWA, she guaranteed that residents do not know what the caps are and questioned why Council is waiting to see if the caps worked. She challenged the airlines to reject it now so that the City can take them to court to see if the caps even have any weight. Ms. Watt stated that the City has to keep E1 Toro on the agenda. She noted that South County cities should not feel too complacent since the Federal government, who regulates interstate commerce, still owns that piece of property. Once this is recognized, she believed there can be an airport at El Toro that does not fly over any businesses, homes, or schools. She suggested that Council recommend that the Board fund alternative plans. Charles Griffin, 732 Bison Avenue, believed that Council should continue its efforts and commended them for getting Supervisor Wilson to place the settlement agreement on their agenda. He believed that this can be done with a negative declaration since there is no change, which means there is no impact on the environment. He reported that there is a new technology called Global Positioning Navigation that will have a tremendous impact on the capability of coming into El Toro from the north. He utilized slides to Volume 53 - Page 694 City of Newport Beach City Council Minutes November 28, 2000 INDEX show residential areas and schools in relation to JWA and El Toro, clarifying that there are actually more than 30,000 acres of open space at El Toro that is available and undeveloped. He reported that the FAA has a new web site for the public's education (http: / /gps.faa.gov) to help them understand GPS and how that will replace all navigation systems in the aviation industry. He indicated that it is usable now but will be up and running in five years. He reported that the runway that was extended this year at JWA is no longer just a stopway, but is now a runway that can be used for a larger aircraft. He emphasized that the City needs the settlement agreement to prevent that from happening and the City needs the cap because the larger aircrafts will be exempt. Mr. Griffin confirmed that Congress did give the City the grandfathered clause (Part 166) for the settlement agreement, but they can also take that away since they have control of interstate commerce. He added that the Board can also take the clause away and expressed the importance of working with the Board. He emphasized that Council needs to point out that GPS is the answer to utilize El Toro in a quiet way. Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, stated that one of the most important things for the Orange County airport issue is to look at options, keep the options open, and bring all the correct players to the table. He indicated that one of the options is the V Plan (Wildland Ranch Plan), which is the most logical option for JWA. He invited everyone to a CAC meeting this Thursday to learn more about the V Plan. Regarding Irvine wanting to build at the end of the runways, he stated that there is virtually nothing in that three mile wide open space except one potential block (Planning Area 17). He believed that the options need to be kept open and some money needs to be put into litigation to challenge the EIR for PA 17 and stall that development. He reported that PA 18 was abandoned which means it is an open door for the Phase 1 flight path which cuts the corner of Laguna Hills. To go up that area correctly means that the second runway directly over PA 17 needs to be utilized. He encouraged everyone to keep the options open and support the condemnation of PA 17. Karen Everts, 426 Piazza Lido, asked that everyone consider what it means to protect the City. She relayed a story about her return trip from Denver into JWA on a crippled airline and reported that the Captain told the passengers that "there was no way we can land at John Wayne." She believed that the plane needed a longer runway than what JWA could provide. She stated that she lives within JWA's takeoff pattern and emphasized that she does not want a longer runway there. She indicated that, in order for the County to progress, it needs an operable runway that is long enough so that a crippled airliner can land. She stated that the City should not go soft on E1 Toro because everyone needs it, but hoped that people do not think JWA fine in its current state. Council Member O'Neil stated that he understands there has been statements in the press and maybe tonight about E1 Toro; however, he indicated that he does not recall that any member of Council has ever said anything that would give anybody the idea that the City is going soft on El Toro. He emphasized that Council will not give up on that option as the ultimate solution to the need to provide air transportation and cargo needs for this region. He asked if anyone has a problem with an effort to initiate Volume 53 - Page 695 City of Newport Beach City Council Minutes November 28, 2000 INDEX the process that would extend the settlement agreement four years before the original agreement expires. He clarified that the extended settlement agreement effort would keep the limitations at JWA in place as they are today. Ms. Everts noted the politics in South County in which three Supervisors are opposed to the City's effort. Council Member O'Neil pointed out that an E1 Toro airport would take many years to build and reiterated that the City has only four years to protect itself. Regarding lengthening a runway, Council Member O'Neil reported that they do not want to expand JWA. Ms. Everts reiterated her concern that the County does not have an airport in which a crippled airline can land, but preferred that it be at El Toro. Dan Purcell, 508 Poinsettia, stated that South County cities, Irvine in particular, do not want El Toro developed and will do anything they can to stop that from happening. He indicated that the City is doing its fair share and has a regional airport; however, the #1 option in the minds of people in Irvine and South County is to expand JWA. He stated that this is what is going to happen and, if the City allows them to start building anywhere around the airfield in El Toro, that option will be eliminated. He expressed the opinion that negotiating with the South County will close the door to El Toro if the City concedes or joins them in any other alternative plan. Council Member O'Neil emphasized that this will not happen. Mr. Purcell indicated that the only other option will be to expand JWA. He stated that it would be more appropriate for the City to get the airlines on its side, look at some of the interstate commerce issues, and look at the options at El Toro. He noted that he is not involved in the process but suspects that the City is making concessions. Council Member O'Neil emphasized that there are no concessions. He added that the City is not working with South County on anything; however, the City is trying to get the settlement agreement extended by the Board of Supervisors and is asking them to initiate the process. He also pointed out that the City does not have to negotiate with South County cities because they are not part of the settlement agreement. Mayor Noyes clarified that the agreement will actually expire in five years, not four years. Joe Stasch, 1952 Vista Caudal, took issue with Council Member O'Neil, stating that the newspaper says that he is negotiating with South County cities. Mayor Noyes pointed out that Council meets with South County representatives weekly in different organizations like the Southern California Association of Governments (SCAG) and the League of California Cities (L.CC). Mr. Stasch thanked Council for rejecting Supervisor Spitzer's offer and urged Council to continue strong support for an airport at El Toro. He indicated that, if this effort fails, JWA will carry the entire burden for air travel in the County. He noted that South County officials have publicly stated on many occasions that JWA can handle twice the current passenger traffic without even moving the perimeter fence. He stated that their agenda has not changed and their offer of help rings hollow to him. He expressed his support for the efforts to extend the caps at JWA; however, he believed this is a long shot. He pointed out that the City not only needs the Board's support, but the City needs the support of the airline companies, the Interstate Commerce Commission, and Congress. Volume 53 - Page 696 City of Newport Beach City Council Minutes November 28, 2000 INDEX Shirley Conger, P.O. Box 111, Corona del Mar, expressed her support of the City's request for a cap on the number of passengers that are allowed to fly out of JWA. She reported that, without the cap, the number of passengers allowed out of JWA will double and then triple because of the increase in national passenger and air cargo traffic. She indicated that Newport Beach's environment will be severely damaged and the City will be unrecognizable if the increases happen at JWA. She stated that, although the City would like to have the cap, the citizens know that the City has to work with Congress, the signatories, the airlines, FAA, environmental groups, and surrounding cities in order to get it. She noted that she is glad we have five years to work on this because it is certainly a long term project. Ms. Conger stated that she doubts that Supervisor Spitzer is in favor of a cap since he mentioned extending the runways at JWA to the San Diego Freeway and putting in a bridge over the San Diego Freeway in order to reduce noise. She expressed concern that one of the result of pursuing this cap is that Newport Beach residents will be dulled into a false sense of security that the cap will hold and keep the passenger loads down at JWA. Council Member O'Neil asked what Ms. Conger suggests the City should do, noting that Council is on the City's side, is representing the citizens, and is doing what is in the best interest of the citizens. He indicated that it disturbs him that people are coming to the podium and thinking that Council is cutting some type of secret deal, negotiating away El Toro, or allowing JWA to expand. He stated that he cannot understand why citizens are not coming to Council thanking them, supporting them, and encouraging them to move. Ms. Conger stated that the people she has spoken with are unaware and believe that the cap can go on. She believed that the City should pursue commissioning El Toro and does not have a criticism with Council pursuing the cap at JWA. She also pointed out that El Toro already has an existing airport and that we should go ahead and turn the lights on right now. Mayor Noyes indicated that the Board is currently traumatized by the El Toro fight. He stated that they will be going before the Board, emphasizing the quality of life issue for the City and County, and asking that the Board, as the leaders of the County, get together and address this issue. This would prove to the other cities in Orange County that they will stand up for quality of life and that they will work together. He believed that this would advance an airport at El Toro because they may be more believable when they try to put this airport in South County. He pointed out that they need to build credibility that they are there for quality of life and will protect the quality of life in South County. He noted that he does not want to think of South County as his enemies since he has colleagues and friends in that area, even though they totally disagree about the El Toro issue. He reported that they do not even want to talk about having a starter airport at El Toro the size of JWA because they do not trust their local, State, or Federal governments. He emphasized that there is more to it than just El Toro and the cap at JWA, noting that there is an opportunity here to work with the County to try to come up with some type of long range resolution. He assured that Council is trying to find some real answers to this problem. Volume 53 - Page 697 City of Newport Beach City Council Minutes November 28, 2000 INDEX Aaron Elder stated that he was a resident of Newport Beach for 20 years, but now lives in Costa Mesa. He indicated that South County has been publicly saying that there is not enough air transportation demand in Orange County to warrant building an airport at El Toro. Further, if the City so easily secures a cap on flights in and out of Orange County, he believed that it would play against the area. He believed that South County's next statement will be that they told us that there was so little demand that the airlines do not want to fly more planes in and out of Orange County at JWA. He stated that the City should wait until they have more of an idea of where JWA will be going and an idea of whether El Toro should become a reality before it starts pressing for an issue that can be used against the City public relations -wise. Ralph Morgan, 206 East 15th Street, Costa Mesa, noted that he has lived in Newport Heights for 17 years and lived in Corona del Mar for 28 years. He stated that all four of his sons live in Costa Mesa and one of them lives within 250 yards of the end of the airport. He indicated that they have enjoyed their quality of life the last 42 years but knows that a JWA expansion will wipe out a large part of East Costa Mesa. He requested Council help to convince the new Costa Mesa Council Members of what the impact will be on Costa Mesa citizens, noting that two of the new members are employed or closely tied to the City of Irvine. He emphasized that the citizens of Irvine will not be impacted at all by the building of an airport at El Toro since they are not in the noise zone. Mayor Noyes read a title from a November 9 resolution from the City of Costa Mesa asking the Orange County Board of Supervisors to support, in concept, the designation of the City of Newport Beach as the lead agency in preparing an environmental document to evaluate the impacts of an extension of the JWA settlement agreement. Allan Beek thanked Council and expressed his support for what they are doing, and encouraged them to do more of it. Derek Gleeson, Santa Ana Heights, praised Council for being great citizens of the City and stated that Council is doing a great job. He indicated that he was at the Board meeting and expressed the opinion that Supervisor Spitzer does not want to try to communicate or find a solution to help the citizens. He noted that Santa Ana Heights residents have taken as much of the brunt of the noise as Newport Beach residents and have not really been represented well. He suggested that all revenue from JWA be shared with residents who are affected by the noise; that the airlines be told that they cannot fly out of JWA if they use Stage 4 jets in the year 2005; and that the Los Alamitos Navy Air Station be opened. He indicated that Los Alamitos and Cypress should also be on notice that the Navy Air Station is the other location in which an airport can be built if El Toro does not happen. Mayor Noyes pointed out that everyone is arguing amongst themselves about how to go forward, but indicated that the City would like to get into a position where it can argue with people like the County and other cities. Regarding Ms. Lichman's previous statements, he reported that AWG told Volume 53 - Page 698 City of Newport Beach City Council Minutes November 28, 2000 VI-0 :9 Council six months ago to not pursue the settlement agreement extension and that they would not cooperate with the City. He asked why the City would call them after that and indicated that the City then proceeded to try to put the deal together. Ms. Lichman stated that at the April 2000 meeting AWG informed Council that they were in favor of an extension of the settlement agreement but it was the wrong time. She explained that their reason was that they had just lost Measure F, and felt they needed to step back and consider all options before moving forward. Since April, she stated that they have not received a phone call, document, or any form of consultation regarding this. She further stated that they never told Council that they were not going to support them, and indicated that they would be happy to cooperate if Council would like to bring them into this in order to come to the end desired. Mayor Noyes stated that they are trying to create an opportunity in which AWG can become involved with all the other parties. He indicated that over the last five years the City has made a lot of decisions in the backroom with AWG, CJ &E, and Council but now everyone in the City needs to know what is being done and have all the meetings out in the open to talk this out. He emphasized that the City needs direction from the citizens and asked where does it leave the City if it does not get an airport at El Toro. Ms. Lichman stated that AWG has a strategy, but the City never asked them for it. She asked what has been going on the last year, noting that she has never participated in a backroom deal with Council for any purpose. She asked if a meeting can be set in which the relevant parties are present to discuss the problems and the terms that ought to be taken to the Board. She also asked if this could be done without rushing it through before a new Council is reorganized. She added that AWG thinks they can help Council. Regarding going to the Board on December 5, Ms. Lichman stated that once the process is started, Council has set a goal in which the relevant parties had no part. She believed that the process needs to be started with the relevant parties rather than without them. Mayor Noyes stated that AWG should welcome the opportunity to address the Board with the City and ask for the proposal to move forward. He noted that the proposal is general in nature and that he is now sensing the same resistance he found during many meetings with her. Ms. Lichman indicated that they are resisting what they believe to be a less than complete effort. Further, she is convinced, on her experience as an airport lawyer for 10 cities around the nation, that they will face virulent opposition from interested parties unless they are brought to the table. She indicated that someone from one of those parties had dinner with her a month ago and told her that he would work with them to bring about the caps at JWA but would not have them dictated to him. Ms. Lichman further disagreed with the City Attorney that ANCA contains a grandfather provision for an extension to a settlement agreement, but indicated that it does contain an explicit provision that applies to JWA. She reiterated that a process needs to be brought to the people that will include interested parties and that this is why AWG is having a problem with this. She stated that the City is dreaming if it thinks it is going to get the same restrictions imposed on JWA. She believed that this will be a process of Volume 53 - Page 699 City of Newport Beach City Council Minutes November 28, 2000 negotiations that will take up to the day the settlement agreement expires. Regarding getting started, she stated that AWG wants this to go before the Board when the new Council is seated. Council Member Glover stated that she is Chair of the Aviation Committee and that AWG does have a representative that sits on that Committee. She pointed out that this has been talked about and the resolution was adopted. Further, she and the City Attorney try to keep the Committee up to date on what the subcommittee is doing. She stated that it is up to the AWG representative to take that resolution back to AWG. Council Member O'Neil stated that Ms. Lichman has offered to work with the City and that she has knowledge and expertise in these types of matters. Further, it is relevant to have the new Council Members involved in this process as the City proceeds in this endeavor and probably also the airlines and other interested stakeholders. He believed this can happen even if the present Council initiates a process on December 5 with the Board, emphasizing that the proposal merely states that Newport Beach will be the lead agency. He also reminded everyone that this process will go on for an extended period of time and will involve the new City Council. He indicated that, if AWG is saying they will not be supporting the City on December 5, he is not sure if that effort will be successful since AWG is a significant factor in the whole airport issue in the City and have been for many years. Mayor Pro Tem Adams stated that the Aviation Committee is the proper forum for these discussions and is exactly why the Committee was set up. He reported that the Committee is comprised of a wide representation of the City and includes the AWG President. He indicated that these discussions have taken place at the Aviation Committee over time and is not brand new information to the public. He pointed out that, however the City proceeds from here, the Committee needs to play its proper role and that, by tonight's discussions, it has not been used properly. INDEX Council Member Ridgeway stated that he will commit that he will be inclusive of the public's involvement to the best of his ability and believed that all Council will agree to this. He expressed hope that everyone can meet at the Board meeting on December 5 to get the vote that the City is looking for. He stated that he thinks that there has been some exclusion; however, he expressed the opinion that it is inconceivable that people did not have knowledge of what was happening. He stated that everyone should move forward with an inclusive process and negotiate together on a common cause. He noted that Ms. Liebman stated that they are supportive of extending the settlement agreement but just wants to be included. Mayor Noyes reiterated that it has taken the City awhile to get Supervisor Wilson in a frame of mind to carry this issue for the City. He stated that it was Council's intent tonight to give everyone an explanation of what Council has been doing and what the goals are as the policy makers of the City. He indicated that they are trying to proceed with what they think is a good policy for the citizens and are trying to act on what people have told them and asked them to do. He expressed hope that AWG would help the City in that endeavor. He emphasized that the City just wants to get started on this Volume 53 - Page 700 City of Newport Beach City Council Minutes November 28, 2000 process because it is going to take a long time. He expressed the opinion that, by proceeding on December 5, people think this will be some kind of dooms day scenario. He pointed out that the first process is to have meetings and expressed the opinion that the December 5 meeting seems to be a reasonable approach since the Board meeting is before the City now. Noting that he does not have a copy of the proposed resolution before him, Mayor Pro Tem Adams stated that it is his recollection that this is an initiation of a process and that there is a lot of latitude in it. Further, it does not preclude the City from changing tact at some point if all the parties agree that changing tact is what is needed. It also does not prohibit the City from going back before the Board to revise the resolution. He stated that, if the new City Council feels this is required, it can be done. However, he added that it would be nice to get the ball rolling as long as the City is not backing itself into a corner, which he does not see that happening here. Regarding cutting deals, Mayor Noyes clarified that this Council or any member of Council cannot bind a future Council to any agreement. He pointed out that tonight showed that this issue is a really difficult, complicated, emotional debate, especially since we are debating amongst ourselves as enemies. He asked how well the City will operate with people who the City really perceives as enemies. He emphasized that dialogue needs to be opened. 15. GREENLIGHT GUIDELINES WORKING GROUP. City Manager Bludau stated that the City Council, at their meeting of November 14, 2000, directed staff to provide a report that addressed the possible need for interpretation of the Greenlight measure and suggestions for the composition of an ad hoc committee. He added that the City Council also requested that any decisions regarding the ad hoc committee not be made until the new council members were sworn in on December 12, 2000. City Manager Bludau read from the text of the Greenlight measure with regards to the adoption of the guidelines. It is required that the guidelines be consistent with the purpose and intent of the measure and not be adopted until after public notice and hearing requirements. It also requires that the guidelines be approved by not less than six council members. City Manager Bludau stated that these requirements are consistent with all measures passed by the voters. He stated that the intent of the voters is generally determined by reference to the text, purpose and context of the measure. City Manager Bludau stated that a couple of terms in the measure need to be clearly defined, and include "floor area" and "peak hour trips ". He added that an interpretation of when the "preceding ten years" would begin also needs to be made. City Manager Bludau suggested that the ad hoc committee be comprised of two members of the City Council, and representatives from the Planning Commission, the Environmental Quality Affairs Citizens Advisory Committee (EQAC), the Economic Development Committee (EDC), the Aviation Committee and proponents of the measure. He stated that staff would serve as a resource to the working group. Volume 53 - Page 701 INDEX Greenlight Guidelines Working Group (24) City of Newport Beach City Council Minutes November 28, 2000 Council Member Debay thought she recalled that it was also discussed to include the Chamber of Commerce in the committee. Council Member Ridgeway stated that he received a letter from the Building Industry Association (BIA) and a request from the Chamber of Commerce, both asking to be represented on the ad hoc committee. He suggested that these requests be included in the staff report for the meeting of December 12, 2000. Council Member Ridgeway asked how many measure proponents staff is recommending be on the ad hoc committee. City Manager Bludau stated that he and the City Attorney did not want to provide the City Council with actual numbers, but feel that too large of a committee won't be as productive. He suggested that fifteen total members should probably not be exceeded. Council Member Debay stated that she understands wanting to keep the number down, but requested that no interested organization be left out. City Manager Bludau added that the meetings would also be open to the public. Council Member Thomson suggested that there be an odd number of members. Council Member Debay suggested that a public information officer be involved with the process, so that accurate information reaches the public. Mayor Pro Tern Adams suggested that the numbers could include two council members, two Planning Commission members, one EQ,AC member, one EDC member, one Aviation Committee member, four proponents, one BIA representative and one Chamber of Commerce representative. He stated that this would form a committee consisting of thirteen members. Mayor Pro Tem Adams additionally suggested that the committee itself select the Chairman of the committee. Council Member Ridgeway stated that he doesn't feel that the guidelines will be that difficult to develop. INDEX Council Member Glover asked for an explanation of the intended purpose for developing the guidelines. City Attorney Burnham stated that some of the terms in the measure need to be defined. He stated that this will help staff in administering the measure and deciding when projects require voter approval. He stated that staff also needs guidelines on when the ten -year accumulation period begins. Council Member Glover stated her concern about the ad hoc committee being able to accurately interpret what the voters intended. She stated that before the composition of the committee is discussed, it should be decided if a committee is the best way to resolve the issues. She added that the issues have already been voted on by the people. City Attorney Burnham stated that there aren't that many areas that need interpretation, but any ambiguities need to be resolved in a way that is consistent with the purpose and intent of the measure. He stated that some of the guidelines will be relatively easy to develop, but some areas may produce more disagreement. Volume 53 - Page 702 City of Newport Beach City Council Minutes November 23, 2000 INDEX He added that six affirmative votes of the City Council are needed to adopt the guidelines, which requires near full agreement. Council Member Glover stated that there may only be three issues that need to be resolved, but there needs to be great caution taken in deciding what issues should be addressed to insure that changes are not made to what 21,000 people thought they were voting for. Mayor Pro Tem Adams stated that it is important to hear from the current council members, so that their comments can be integrated into the staff report. He stated that he'd also like to hear from the public, so that their comments can be integrated into the staff report also and considered by the final decision makers. Allan Beek, proponent of the Greenlight measure, suggested that the Planning Department provide the ad hoc committee with a list of the points that they think need clarification and make recommendations on each point, since they are the ones that are really going to be doing the field work. Mr. Beek stated that the committee could review the recommendations. Mayor Pro Tem Adams asked if Mr. Beek felt that a committee was necessary. Mr. Beek stated that he wouldn't criticize the formation of the committee, as it seems to be inevitable. Mayor Pro Tem Adams stated that the Greenlight measure doesn't require a committee and maybe Council Member Glover's suggestion should be considered. Mr. Beek stated that he'd be satisfied with no committee being used in the process. Philip Arst, proponent of the Greenlight measure, stated that he also supports streamlining the process. He stated that the voters delivered a message and staff could best write down that message. He stated that everyone will still have a chance to provide input when the document is brought before the City Council. Council Member Debay stated that she would be concerned about the interpretation of the ten -year accumulation requirement. Mr. Arst stated that it should be discussed with the City Attorney. Council Member O'Neil confirmed with Mr. Arst that the Greenlight measure has certain thresholds and only deals with general plan amendments. He stated that the confusion lies with the statistical areas and general plan amendments in each of those areas over the last ten years. Mr. Arst suggested that the meeting with staff and the proponents could work through this issue. Council Member O'Neil wondered how many projects would be affected, adding that the proponents of the Greenlight measure have suggested that there would only be one or two projects per year that require voter approval. He asked if such a detailed interpretation is even needed or if each project could be addressed individually. Mr. Arst stated that it is up to the City Council on what guidelines will be adopted. Mayor Pro Tem Adams stated that there are some questions that need to be answered and it is only fair to the property owners in the City that they know what the rules are. He agreed that possibly the proponents should Volume 53 - Page 703 City of Newport Beach City Council Minutes November 28, 2000 161�i1�:1 meet with staff and develop recommended guidelines. He added, however, that if the committee with its broad representation of the City is not going to be used, that a sufficient period of time should be given for the public to view the recommended guidelines before they are voted on by the City Council. Mr. Arst noted that everyone should have a fair chance to comment during the public hearing. City Attorney Burnham stated that the proponents can provide the same input as anyone else in regards to the preparation of guidelines that are necessary to administer the measure. He stated his concern for the City Council directing staff to meet with the proponents only and excluding others, since the recommendations could be subject to more criticism. Dan Purcell suggested that the City Council look at a strategic plan for the City, using outreach groups and a visioning process. He stated that it would be a lot of work, but the voters have stated that they don't necessarily support representative government. He stated that using a committee is possibly not what the community needs at this time. He stated that Newport Beach is a grassroots community. Mayor Pro Tem Adams stated that the process, as suggested by Mr. Purcell, is already underway through the General Plan Update Committee. He stated that this committee has been tasked with making recommendations to the City Council on a visioning and outreach process, as a precursor to a general plan update. He stated that he chairs the committee and the meetings have been positive and productive. He stated that there has been a lot of cooperation from a diverse representation of the community and a sincere desire to find a way to come up with a community vision and guidance for updating the general plan. Council Member Ridgeway announced that the next meeting of the General Plan Update Committee would take place on December 11, 2000, at 4:00 p.m. at the Central Library. He stated that the meetings are held every two weeks. Mayor Pro Tem Adams added that the meetings have been scheduled for the next six months and are being held at 4:00 p.m. on the Mondays prior to City Council meetings at the Central Library. Mr. Purcell stated that the meetings shouldn't always be held at the same location. Mayor Pro Tem Adams stated that the meetings are not the visioning process themselves, they are meetings of the steering committee which is formulating the process. He suggested that Mr. Purcell attend the meetings and provide his input. Mr. Purcell stated that he has seen the visioning process function and work. Tom Hyans, proponent of the Greenlight measure, stated that the pool of potential committee members doesn't include any advocates of the Greenlight measure, other than the proponents themselves. He stated his support for letting staff make the recommendations and having those go through the public process at a City Council meeting. Volume 53 - Page 704 City of Newport Beach City Council Minutes November 28, 2000 INDEX Jim Hildreth, 120 The Grand Canal, asked how the voting will be done. He cited an example of when the privatization of the trash collection for businesses was before the voters. Mr. Hildreth stated that it was unclear what he was voting for. Philip Bettencourt, 110 Newport Center Drive, BIA representative, referred to the November 27, 2000, letter from the BIA to the City Council. He stated his belief that better guidelines will result if the BIA is involved. He added that the various stakeholders should comment on the guidelines before they are brought to the City Council. Mayor Noyes agreed that the process should be more inclusive, rather than less inclusive. Christopher Obaditch, 436 Serra Drive, stated that he is in favor of not having a large committee. He agreed with Council Member Glover that the people have spoken. He stated that the general public hopes that the City Council got the message. Council Member Debay asked Mr. Obaditch what he thought he was voting for with regards to the ten -year issue. Mr. Obaditch stated that he is not a U.S. citizen and, therefore, did not vote. He stated that he didn't know which way the ten -year issue should go, but agreed that staff could come up with a reasonable recommendation with input from the proponents. Richard Luehrs, Newport Harbor Area Chamber of Commerce, stated that the Greenlight measure was not about residential building, but about the orderly progression of business in the community. He stated that the Chamber of Commerce has a specific interest in the definitions and issues. Mr. Luehrs stated that, during the campaign, the Chamber of Commerce differed with the proponents on their intent and the impact of the measure. He stated that the Chamber of Commerce has serious concerns about what the outcome of the provisions of the measure will be. Mr. Luehrs stated that the Newport Beach Municipal Code includes provisions that were adopted years ago by a City Council that held a particular point of view. He stated that it is critical that the provisions are looked at seriously and that the future is taken into consideration. PUBLIC COMMENTS Skipper Tim Bercovitz, 215 15th Street, invited the City Council to attend the festivities for Aaron Peirsol Day to be held on December 2, 2000. He stated that the American Legion is proud to have been a sponsor of Aaron Peirsol's trip to the Olympics. He stated that the festivities will include a car parade, beginning at 11:00 a.m. at the pier and proceeding to the American Legion, with a lunch to follow. He invited the media and the public to attend. Council Member Ridgeway announced that Newport Elementary would be unveiling its mosaic at 1:00 p.m. on the same day. Jim Hildreth, 120 The Grand Canal, stated that he has been advised by a City official to refrain from speaking at City Council meetings. He stated Volume 53 - Page 705 City of Newport Beach City Council Minutes November 28, 2000 that on November 16, 2000, he met with City Manager Bludau and City Attorney Burnham. He stated that collecting money on the bulkhead ladder by the City is fraud, since it doesn't exist and cannot be accessed. He stated that similar structures have been allowed. He stated that safer access is needed. He stated that the City has installed a ladder that was not approved by the Coastal Commission, nor complies with the Americans With Disabilities Act. Mr. Hildreth mentioned that he, himself, is handicapped and is unable to use the bulkhead ladder without further injury. He stated that the reluctance of the City to commit to assurance of community safety should be of great concern to the City's insurance carrier. He asked if the City would be removing the steps at the northwest end of The Grand Canal if the four residential pier, mooring only sites are reclassified and certified. Mayor Noyes stated that the public should always feel free to speak at City Council meetings. Mr. Hildreth explained that he was not directly advised not to speak, he was advised on what he speaks on and to look into the issues beforehand. MOTION FOR RECONSIDERATION - None. ADJOURNMENT - 9:55 p.m. The agenda for the Regular Meeting was posted on November 22, 2000, at 2:35 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 53 - Page 706 )