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HomeMy WebLinkAbout09/24/2002 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting September 24, 2002 - 7:00 p.m. STUDY SESSION — 5:00 p.m. CLOSED SESSION — 6:00 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Absent: None C. CLOSED SESSION REPORT — None. D. PLEDGE OF ALLEGIANCE — Council Member O'Neil. E. INVOCATION — Reverend Dr. George R. Crisp, Christ Church by the Sea United Methodist F. PRESENTATIONS Presentation of Thermoplaques to Outgoing Board & Commission Members. Mayor Ridgeway presented certificates of appreciation to Bob Foster, who served on the Civil Service Board from July 1994 to June 2002, and Roberta Jorgensen, who served on the City Arts Commission from July 1998 to June 2002. Presentation by Edison for Energy Savings Project (contd. from 9/10/02). Kim Scherer, Region Manager for Southern California Edison, introduced Cheri Carroll, Account Manager, who works directly with the City's Utilities Department to make sure that the City is receiving the best rates possible and is aware of the available programs. Ms. Scherer congratulated the City on its proactive efforts in taking advantage of Edison's energy efficient and conservation programs, and specifically thanked the Utilities Department and Utilities Director Davidson. She announced that the annual savings to the City was a total of 1.9 million kilowatt hours or $321,415. She presented a symbolic check in the amount of $66,630, which represented the total of the rebate checks received by the City, and an energy management and efficiency plaque to Utilities Director Davidson and Mayor Ridgeway. Ms. Carroll also presented a plaque to Utilities Director Davidson. Mayor Ridgeway thanked the Utilities Department and Utilities Director Volume 55 - Page 394 INDEX City of Newport Beach City Council Minutes September 24, 2002 Davidson for the money that is being saved for the City through the Edison programs. City Manager Bludau also acknowledged Utilities Director Davidson for his efforts to reduce the City's use of energy. Pretend City Presentation (continued to October 8, 2002). 527. PUBLIC DISCUSSION OF MAIN STREET FICUS TREE REMOVAL. City Manager Bludau announced that he was the one who made the decision to have the 25 ficus trees on Main Street in Balboa Village removed on September 18, 2002. He stated that the removal of the ficus trees is a small, but strategically important part, of the Balboa Village improvements, which have been requested by the area's property owners and merchants since 1994. Using a PowerPoint presentation, he reported that the City has engaged in an exhaustive process, in close cooperation with the Balboa Peninsula residents and businesses, to identify and implement means and methods to enhance certain public areas on the peninsula. City Manager Bludau stated that the public input process included open meetings of the Balboa Peninsula Planning Advisory Committee ( BPPAC), the Economic Development Committee (EDC) and the Committee to Promote Revitalization of Our Peninsula (PROP). In 1996, the first urban design consultant was hired by the City to work with BPPAC to determine what public improvements were needed for Balboa Village. The first report was presented to the City Council in January 1997. In December 1999, a second urban design consultant presented conceptual plans for the Balboa Village revitalization to the City Council. These plans had previously been reviewed by PROP. City Manager Bludau stated that in February 2000, funding options and a phasing plan were presented to the City Council. In March 2000, 33 Balboa Village merchants, including 13 from Main Street, signed a petition requesting the removal and replacement of the ficus trees. A Mitigated Negative Declaration was approved for the project in January 2001. Other key dates included PROP meetings, where the recommendation to replace the ficus trees with coral gum trees was made and then later approved by the Parks, Beaches & Recreation Commission. The City Council approved the plans, specifications, financing plan and phasing plan for the three - phased Balboa Village improvements on August 14, 2001. Also in 2001, the Coastal Commission, Regional Water Quality Control Board and United States Army Corps of Engineer permits were obtained. City Manager Bludau reported that on February 14, 2002, the 180 -day appeal period for challenging the project expired. On May 31, 2002, Phase I of the project was completed at a cost of $3.5 million. In July 2002, the Balboa Arbor Society filed a lawsuit against the City for procedural remedies. Mediation discussions in July and August 2002 took place, but did not resolve all of the issues. On August 27, 2002, the court enjoined the City from taking action to remove the trees. On September 16, 2002, the court denied the Balboa Arbor Society's motion for preliminary injunction. City Manager Bludau stated that the timely completion of Phase II is a critical part of the Balboa Village improvement project, and is being relied on by Volume 55 - Page 395 INDEX Main Street Ficus Tree Removal (62) City of Newport Beach City Council Minutes September 24, 2002 INDEX property owners and the community. He also noted that the Coastal Commission will not allow work between Memorial Day and Labor Day. In conclusion, City Manager Bludau stated that many people do not agree with his decision to have the trees removed, but he wanted the opportunity to explain the reasons behind his decision. He corrected an earlier statement by stating that the City prepared the Mitigated Negative Declaration, but it was not approved by the City Council. Linda Grant stated that she is saddened that the City Manager feels that he has to take the blame, and disappointed that the Mayor had previously stated that the Balboa Arbor Society rejected the City's offer. She stated that she can't understand why the City has acted the way that it has or why the trees were torn down with no respect. Ms. Grant stated that the City Council members should speak for all of the people, and not just some of the people. She begged the City Council to save the last two trees and suggested that they would go well with the coral gum trees. She requested that if the trees did have to be removed, that they be replanted. She stated that it hurts her to see the destruction that has occurred and begged the City Council members to listen to her. Cindy Doran, 425 Seville Avenue, expressed her disappointment with the ficus tree removal on Main Street. She stated, however, that she is in support of the area being revitalized, but is dissatisfied with the coral gum trees planted on Balboa Boulevard. Ms. Doran asked that the decision to replace the ficus trees on Main Street with coral gum trees be reconsidered. She, specifically, suggested that queen palm trees be considered and that it also be considered to replace the coral gum trees on Balboa Boulevard with queen palms. Mayor Ridgeway requested that the PROP Committee discuss the issue at their next meeting. Jan Vandersloot, Vice President of the Balboa Arbor Society, apologized for the language he used in front of the media on the day that the ficus trees were removed. He stated, however, that he felt hurt, disappointed and betrayed, and noted that the Balboa Arbor Society was still considering an offer made by the City the Friday prior. Dr. Vandersloot stated that it was astonishing at how quickly the trees were removed, and that it could have been done at a later date without delaying the implementation of Phase II. He stated that there needs to be a better tree policy and that it needs to be made stronger by way of an ordinance. Dr. Vandersloot noted that the problems with the trees began when the parks department was combined with the general services department. He additionally requested that the two remaining trees be preserved, one of which would survive a transplant. In conclusion, Dr. Vandersloot stated that the decision to remove the trees showed disrespect for the citizens. Richard Vogel, 351 Old Newport Boulevard, stated that he can't accept the behavior of the City in the removal of the ficus trees on Main Street. He stated that the legal system is what makes the United States great and that when the government deliberately circumvents due process, the system breaks down. He suggested that the voters think about the behavior of the City when they go to the polls in November. Volume 55 - Page 396 City of Newport Beach City Council Minutes September 24, 2002 INDEX Joel Burnstine, resident, stated that the decision to remove the ficus trees was the right decision and that the Balboa Village project, when completed, will benefit the City. He stated that, in this case, the general good, not the vocal minority, was accommodated. Mr. Burnstine stated that he also feels that due process was served, with the court ruling in favor of the City. He complimented the City for its decision to have the ficus trees removed. Charles Griffin, 732 Bison Avenue, stated that he has grown ficus trees on several properties over several generations. He stated that they grow fast, but can be pruned and if they need to be replaced, it should be done on an individual basis. Mr. Griffin complimented the City on being rigorous in its procedures and following the law. Marianne Zippi, 420 E. Bay Avenue, stated that the contract to be considered later in the meeting for Phase II of the Balboa Village improvements, Item No. 17, was supposed to include the removal of the ficus trees on Main Street. She stated that she spoke with General Services Director Niederhaus and he said that it was eliminated from the contract so that the City could remove the trees immediately. Ms. Zippi stated that this was a reprehensible use of power. Bud Grant stated that the Balboa Arbor Society did not reject the City's offer but made a counteroffer, which was rejected by the City. Mayor Ridgeway stated that the Balboa Arbor Society knew that if the issue went to court that all offers were off the table. Mr. Grant additionally stated that the Balboa Arbor Society worked hard to save the trees, but also realized that there was risk and liability to the City involved. He stated that the concept of rubber sidewalks was presented to the City Manager and should have been tested on Main Street. He hoped that it would be looked at in the future so that other trees might be saved. Lastly, Mr. Grant apologized if the songs sung at previous City Council meetings in regard to the ficus tree issue offended anyone. Amelda Ann Fernandez stated that although she is quite elderly, she has some things to share about the ficus tree issue. She stated that, many years ago, Dr. Wernher Von Braun invited her to Cape Canaveral to assist in conducting a landscape study. She stated that she relocated donated palm trees on virgin land and made beautiful trails and ponds. Ms. Fernandez suggested that the City also consider receiving donated trees. Kay Mortenson thanked Mayor Pro Tern Bromberg for taking the time to write the article that appeared in the Daily Pilot. She stated that she found it informative and agreed with the statement that everyone should put the issue of the ficus trees behind them and work together on the revitalization plan. Ms. Mortenson stated that based on the success of Phase I, it is expected that Phase II will proceed in the same way, new trees will be planted and it will be beautiful again. Dayna Pettit, 1741 Plaza del Sur, stated that it is exciting to see the renovation moving forward. The new look scheduled for Main Street will hopefully be Volume 55 - Page 397 City of Newport Beach City Council Minutes September 24, 2002 INDEX completed by May 2003. Ms. Pettit stated that a large majority of people support the City and understand the importance of removing the trees in order to move forward with the project within the time constraints that have been imposed on the City. She stated that the process was begun ten years ago and it is exciting to see the openness on Main Street and the project moving forward. Dan Gilliland, 1134 E. Balboa Blvd., commended the City for taking the time to make a logical and fair decision about the ficus tree issue. He stated that it has kept the village project on track. He noted that although it's painful to see the trees removed, it was time for it to happen. Stephen Miles, attorney for the Balboa Arbor Society, noted that since the litigation commenced, the City Attorney's office has acted with complete professionalism and courtesy. He stated that a three -day mediation occurred where possible alternatives for resolution were discussed. Mr. Miles stated that hasty action was not taken on the issue until the City Manager decided to have the trees removed on September 18, 2002. He stated that the Balboa Arbor Society was only looking for a few more days, so that neither party would have to act in haste. He stated that the litigation is not over and the appeal process should be allowed to proceed. Larry Porter expressed his outrage at the removal of the ficus trees. He stated that there was not a fair trial, and Dr. Jan Vandersloot and others were defied. Mr. Porter stated that they will be vindicated by the changes that will come with the November election. Gay Wassall - Kelly, 409 E. Edgewater, President of the Balboa Merchants & Owners Association, stated that both Mayor Pro Tern Bromberg's and former Costa Mesa Mayor Peter Buffo's articles were enlightening. She noted that three notable sites have disappeared in the last month. These included the 1925 home of Bill Ficker, the America's Cup winner, the ficus trees on Main Street and the Seaside Graygoose Apartments, built in the 1920's. Ms. Wassall -Kelly stated that the structures were removed with few people watching. Both will be replaced with new homes and the ficus trees will be replaced with new trees. She stated that people will miss the notable sites, but times change and people move on. Mayor Ridgeway noted that the 25 ficus trees will be replaced with 32 trees. Lynn Miller, Balboa Peninsula resident, stated that the Parks, Beaches & Recreation Commission voted 4.3 on May 7, 2002, to remove the ficus trees. She stated that those voting against the removal did so because it didn't follow City policy for removal of special city trees and all other city trees. Ms. Miller stated that Council Policy G -1, Retention or Removal of City Trees, requires that steps be taken to retain trees designated as special city trees. Ms. Miller stated that in August, three urban foresters declared the ficus trees on Main Street as being healthy and safe. She stated that the trees were designated as special city trees in the mid 1990's, but some were later put into the all other city trees category, which left them with less protection. She stated, however, that trees in the all other city trees category can still only be removed if there is extreme damage to infrastructure and landscape of public Volume 55 - Page 398 City of Newport Beach City Council Minutes September 24, 2002 INDEX or private properties, and only if steps have been taken to correct the problems. Ms. Miller stated that the City has given the impression that all of the trees are a problem, but it is only a few trees and the problems are a result of the City's lack of responsibility and maintenance. Jim Hildreth, 120 The Grand Canal, reminded everyone that this agenda item was added to the agenda late and has been taken out of order. He stated that the sewer system on Main Street needs to be addressed before new trees are planted. He stated that there are cracked sewer lines that need to be examined, since they could be causing pollution in the waterways. Additionally, Mr. Hildreth stated that he understands that the entire revitalization project is to get rid of the "mom and pop" stores in the Balboa Village area. This will occur because the rental fees will increase and he wondered if the storeowners knew this when they voted for the project. He suggested that there be a moratorium on fee increases. He noted the parking structure on Onyx Avenue which has been replaced with residential units, and how this is also hurting businesses in the area. Council Member Heffernan stated that he was the one to appeal the decision of the Parks, Beaches and Recreation Commission and was trying to look beyond just the Main Street issue. He stated that there is not a sufficient City policy or ordinance on the tree issue in general, and he'd like to find out how the damage claims on Main Street compare to those elsewhere in the City. He noted that it could become a multimillion - dollar issue. He stated that the issue needs to be addressed and a tree policy needs to be established that satisfies the concerns of tree retention, as well as potential claims. Mayor Pro Tern Bromberg noted the many comments throughout the evening and stated that due process was served. He explained that the City held off on removing the trees to allow the Balboa Arbor Society time to attempt to get an injunction. He stated that a full hearing was held in court and the judge denied the Balboa Arbor Society position. Mayor Pro Tem Bromberg stated that the appeal process could potentially take years because a writ of mandate would be followed by a full appeal, if necessary. He stated that the community has been waiting for over ten years to have the Balboa Village revitalized. He stated that it's time to move on. Council Member Adams asked if relocating the two remaining trees is viable. City Manager Bludau stated it is doubtful that either tree would survive replanting due to their vast root systems and the sandy soil they're in. Council Member Adams additionally asked if queen palms could be considered for Main Street. Mayor Ridgeway confirmed that the PROP Committee would be discussing the issue at their next meeting. He additionally noted that the removal of the trees is a huge loss for everyone, and he respects those who are feeling the loss greater than others. Mayor Ridgeway stated that the City had to address the larger issue, and consider the community at large and the revitalization of a dieing village. He noted that the anger will pass with the passage of time. He asked those who are mourning the trees to get past their anger, to accept that the trees are not there and to respect what the City is doing. Volume 55 - Page 399 City of Newport Beach City Council Minutes September 24, 2002 24. AIRPORT GRANTS FINANCIAL REVIEW. City Manager Bludau stated that on July 9, 2002, the City Council directed staff to complete a compliance review to determine whether the grant expenditures to the Airport Working Group (AWG) and Citizens for Jobs and the Economy (CJE) conformed to the terms and conditions expressed in the written grant agreements. He stated that the firm of Vavrinek, Trine, Day & Company (VTD) was hired to perform the agreed upon procedures. Joe Aguilar, Principal, VTD, stated that his firm performed an agreed upon procedures engagement, which assists the City in ascertaining the existence and nature of expenditures related to the educational grants provided to AWG and CJE. He clarified that an agreed upon procedures engagement is not an audit. Although samplings and inquiries are performed, an opinion on the financial records is not given. Mr. Aguilar stated that the purpose of the AWG grant was to inform the public of issues regarding the future air transportation demand in Orange County. The grant with CJE was in regard to lobbying and legislative activities related to the furtherance of City policies in regard to future air transportation issues in Orange County. Mr. Aguilar stated that VTD's report summarizes the findings and the procedures that were performed. He stated that both AWG and WE were cooperative and forthright in providing information, and kept good records. Mr. Aguilar stated that the records were reviewed to determine if the groups could substantiate whether the media deliverables met the requirements. He stated that good records were kept in regard to the signoffs by the attorneys. He stated that VTD also reviewed how the money was spent in regard to commissions. He stated that agreements were entered into and good records were kept on how the money was paid to the consultants who ran the administrative part of the grants. Mr. Aguilar stated that VTD also sampled over 74% of the expenditures, and felt satisfied with the groups' controls and how they documented their spending. He stated that any obvious discrepancies are noted on Page 6 of their report, and total approximately $82,000. He stated that this doesn't mean that the money wasn't properly spent, it just means that the documentation that was provided was not conclusive enough. He stated that VTD also questioned some commissions that were paid on a project that was cancelled. He noted that this doesn't mean that the consultants didn't work on the projects, but money was provided for a media spot or publication that wasn't completed. Mr. Aguilar stated that funds provided to a law firm were also questioned because the nature or the magnitude of the litigation couldn't be ascertained. He noted that VTD doesn't have attorney /client privileges, however. He also noted that of the $250,000 provided, $207,000 is unspent and in a trust fund at the law firm. Mr. Aguilar stated that VTD also reviewed the spending that occurred after February 12, 2002, and summarized these findings on Page 7 of the report. He stated that AWG spent approximately $482,000 after that date and CJE spent approximately $31,000. Mr. Aguilar stated that a review of the publications, media spots and any other deliverables was also done. The attorneys determined whether the deliverables were in compliance with educational Volume 55 - Page 400 INDEX C- 3425 -A C -3490 Airport Grants Financial Review/ Airport Working Group (AWG)/ Citizens for Jobs and the Economy (CJE) (38) City of Newport Beach City Council Minutes September 24, 2002 INDEX purposes and all of the documentation provided ascertained that. He stated that VTD also sampled and confirmed services provided by the vendors, as well as the existence of any related party expenditures. He stated that only one item was found and it was in regard to money provided for legal services. He explained that the AWG executive director is a partner at the law firm that was retained to provide the legal services. Council Member Heffernan asked why the February 12, 2002, date was selected when the election didn't occur until March. City Manager Bludau stated that it was the date selected by Council Member Glover as the date when no further expenditures should occur. Council Member Glover confirmed this and stated that those working on the John Wayne Settlement Agreement told other communities that the City would not be spending money on lawsuits or items concerning Measure W. Council Member Heffernan asked if the balance of funds in the AWG account, $51,887, and the $207,000 in the trust fund would be reimbursed to the City. Mr. Aguilar stated that they were noted as discrepancies only. Council Member Heffernan asked if anything in the grant agreement required that the funds be paid back to the City. Mr. Aguilar stated that the grant agreement allows the groups to spend the money until it's gone. Council Member Heffernan asked if the money in the trust fund for litigation falls within what is allowed in the grant agreement. Mr. Aguilar stated the nature of the litigation would need to be known to answer the question. Council Member Heffernan asked if litigation is a permitted educational component permitted by the terms of the grant. Mr. Aguilar stated that it would be expected that the litigation is consistent with the deliverables, the formation of those deliverables, defending their use and determining legality. Barbara Lichman, AWG Executive Director, stated that the agreement allows the grant to be used for other activity relevant to the manner and means of accommodating the current and future air transportation demand in Orange County. She stated that the $207,000 in the client trust account is administered by the State Bar of California and cannot be taken until it is billed for. She stated that the amounts billed to date have been for the settlement agreement. Ms. Lichman noted, however, that despite the feelings of some of the council members, the settlement agreement alone will not protect Newport Beach and other efforts should be supported. Tom Naughton, 1700 Port Margate Place, AWG President, stated that he is pleased with the audit report. He pointed out, however, that AWG was never made aware of the February 12, 2002, date to cease spending and there is no record of it in the minutes of the City Council meetings that occurred on that date. Mr. Naughton stated that AWG will continue to pursue an airport at El Toro because it is believed that service for an additional 30 million air passengers in the County will be needed in the future, and the pressure to expand John Wayne Airport will be too great for Newport Beach to fight alone. Mayor Ridgeway informed Mr. Naughton that the first reconvened meeting of the Aviation Taskforce for the Southern California Association of Governments (SCAG) would be taking place the following day. Mayor Ridgeway stated that Volume 55 - Page 401 City of Newport Beach City Council Minutes September 24, 2002 INDEX he would be attending the meeting and that they'd be discussing the entire regional airport issue as it relates to the regional transportation plan. He asked Mr. Naughton to let him know if AWG would like to be represented on the Taskforce. Marianne Zippi, 420 E. Bay Avenue, stated that the grant was originally awarded to AWG and CJE together. She asked why this wasn't the grant that was reviewed by the auditors. She also asked why it was decided to do a review that was significantly reduced in scope, instead of an audit. Lastly, Ms. Zippi asked if the items in the lawsuit against the City for the inappropriate use of public funds by El Toro Re -Use Planning Authority (ETRPA) were included in the samples reviewed by VTD. City Manager Bludau stated that the scope of the compliance review was for the $3.6 million. City Attorney Burnham added that the March 2001 grant had several different components, which included public information, a carryover grant and a lobbying grant. They were later separated into the two grants. Ms. Zippi expressed her concern for the $246,000 spent by CJE prior to the separation. City Attorney Burnham stated that he'd be happy to go over the documents with Ms. Zippi. Mayor Ridgeway noted that VTD reviewed 74% of the material, which is extraordinary. Mr. Aguilar noted that Exhibit C of the report lists all of the deliverables that were reviewed by VTD, and it does include the items included in the lawsuit. He stated that all of the documentation was consistent and in compliance with the educational component. City Manager Bludau added that the compliance review provided more information that an audit would have. Mr. Aguilar agreed and stated that an audit would not have sampled 74 %, nor done the compliance work or other procedures requested by City staff. He stated that it allowed VTD to focus more substantially on the goal of the grants. Charles Griffin stated that he knows the history of AWG and feels that they have the welfare of the citizens of Newport Beach at heart and have served the City well. He stated that they deserve the continued support of the City because the fight is not over. Mr. Griffin stated that El Toro needs to be kept in the transportation plan. Additionally, he stated that an unanticipated consequence of Measure W and the closure of El Toro has been a different use of the airspace. He requested that the remaining funds be used by AWG and CJE to help the City to continue working on a solution. Motion by Council Member Proctor to accept the Airport Grants Financial Review Report for the Airport Working Group (AWG) and Citizens for Jobs and the Economy (CJE) dated September 16, 2002. Council Member Proctor stated that one - and - one -half years ago, it was decided that an educational effort was needed, as well as an extension to the settlement agreement. He stated that there was support for both efforts and when the grant was issued on May 22, 2001, the best possible people were hired. He stated that it's unfair to conduct an audit after an unsuccessful election without looking at the success of the extension of the settlement agreement. Volume 55 - Page 402 City of Newport Beach City Council Minutes September 24, 2002 INDEX Council Member Heffernan stated that he requested the audit due to the process. He added that he never felt that the budget and work plan were detailed enough. Council Member Heffernan stated that when the City is spending this type of money for a public outreach program, two vendors who are competing for the work would have resulted in a more detailed work plan. Secondly, he stated that any conflicts of interest, or even appearances of one, need to be disclosed upfront. Council Member Heffernan specifically brought up the issue of Dave Ellis who was a representative of AWG and was also paid by several council members, which represents an appearance of a conflict. He stated that Mr. Ellis received $458,000 of the grant. Council Member Heffernan stated that he is trying to avoid potential mistakes in the future on vendor contracts paid for with public money. Mayor Pro Tem Bromberg stated that many council members were involved with community activities long before they were on the City Council. He stated that it would be difficult to do business if he couldn't work with people he knew or had worked with before. Mayor Pro Tem Bromberg stated that the review that was conducted was complete and clean. He added that AWG deserves everyone's appreciation for what they've done for the City in regard to airport related matters. Mayor Ridgeway stated that Mr. Ellis received $189,000 from the grant. Council Member Heffernan stated that the correct total is $458,000. The motion carried by the following roll call vote: Ayes: O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: Heffernan Abstain: None Absent: None RECESSED AT 9:10 P.M. AND RECONVENED AT 9:20 P.M. WITH ALL MEMBERS PRESENT, EXCEPT COUNCIL MEMBER GLOVER. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEMI: Council Member Proctor requested that staff research ordinances used by other cities that are more than reactive to events that permit crowd control, prior to the first meeting of the July 4th West Newport Safety Planning Committee. Mayor Pro Tem Bromberg stated that he attended a reception hosted by the Bolsa Chica Land Trust regarding Proposition 50, a $3.4 billion bond issue in the November 2002 election concerning water quality, coastal protection and water resources. He stated that it also involves a coastal wetland purchase. He encouraged everyone to look at the bond, Volume 55 - Page 403 City of Newport Beach City Council Minutes September 24, 2002 and requested that the Coastal/Bay Water Quality Citizens Advisory Committee look at the issue and that a resolution of support be considered by the City Council. • Council Member Heffernan requested a report on the status of the Big Canyon Reservoir; specifically the amount budgeted in fiscal year 2002- 2003 and how the project will be affected by the availability or unavailability of federal funds. • Council Member Heffernan requested that due to the number of claims against the City, Council Policy G -1, Retention or Removal of City Trees, be reviewed. He stated that there needs to be a citywide uniform policy or ordinance. • Mayor Ridgeway announced that the Newport Beach Fire Department built a playhouse in remembrance of New York Station No. 2 for this year's Building Industry Association (BIA) HomeAid Project. He encouraged everyone to attend the event at Fashion Island. • Mayor Ridgeway requested that the Harbor Commission review the annual permit for tidelands, and evaluate whether charter boats can be conditioned as a part of the annual permit. He requested that staff agendize the item and prepare the appropriate report. I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar by a member of the audience. 2. READING OF ORDINANCES AND RESOLU'T'IONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCE FOR INTRODUCTION 3. Item removed from the Consent Calendar by Council Member Heffernan. ORDINANCES FOR ADOPTION 4. Removed from the Consent Calendar by a member of the audience. 5. ADOPTION OF THE 2002 NEWPORT BEACH FIRE CODES. Adopt Ordinance No. 2002.19 to adopt the 2001 California Fire Code (Title 24, Part 9), with amendments, as part of the Newport Beach Municipal Code. 6. ADOPTION OF THE 2002 NEWPORT BEACH BUILDING CODES. 1) Adopt Ordinance No. 2002 -20 to adopt the 2001 California Volume 55 - Page 404 11013W4 Ord 2002 -19 2002 Newport Beach Fire Codes (41) Ord 2002.20 Res 2002 -59 City of Newport Beach City Council Minutes September 24, 2002 INDEX Volume 55 - Page 405 Building Code; and 2) adopt Resolution No. 2002 -59 to adopt the 2002 Newport Beach Resolution of Findings. Building Codes (26) 7. TEMPORARY REAL ESTATE SIGNS - A REQUEST TO AMEND Ord 2002 -21 ZONING CODE CHAPTER 20.67 - SIGNS, TO ALLOW THE PA2002.1281 ADDITION OF A SINGLE "RIDER" SIGN AND A SINGLE Code Amendment "BROCHURE BOX" PER PROPERTY IN CONJUNCTION WITH 2002 -004/ AN AUTHORIZED TEMPORARY REAL ESTATE SIGN [CODE Temporary AMENDMENT NO. 2002 -004 (PA2002- 128)]. Adopt Ordinance Real Estate No. 2002 -21 amending Chapter 20.67 related to temporary real estate Signs signs. (68) 8. GENERAL PLAN AMENDMENT NO. 2002 -002, LOCAL Ord 2002 -22 COASTAL PLAN AMENDMENT NO. 2002 -001, AND CODE GPA 2002 -002/ AMENDMENT NO. 2002 -002 (PA2001 -186) - 205 ORANGE PA2001 -186/ STREET - REQUEST TO CHANGE THE GENERAL PLAN LAND Local Coastal USE DESIGNATION FROM RETAIL & COMMERCIAL TO TWO- Amendment 2002 -002/ FAMILY RESIDENTIAL, CHANGE THE LOCAL COASTAL Code Amendment PLAN DESIGNATION FROM RETAIL & SERVICE 2002 -002/ COMMERCIAL TO TWO- FAMILY RESIDENTIAL, AND 205 Orange Street CHANGE THE ZONING DESIGNATION WITHIN THE (45) NEWPORT SHORES SPECIFIC PLAN FROM COMMERCIAL TO RESIDENTIAL, IN ORDER TO REPLACE AN EXISTING SINGLE - FAMILY DWELLING WITH A DUPLEX. Adopt Ordinance No. 2002 -22, which would grant approval to Code Amendment 2002 -002. 9. CODE AMENDMENT NO. 2002 -001 (PA2002 -098) - 3513 FINLEY Ord 2002 -23 AVENUE - REQUEST TO CHANGE THE FRONT YARD PA2002 -098 SETBACK OF 3513 FINLEY AVENUE FACING THE RIVO ALTO Code Amendment CHANNEL ESTABLISHED ON DISTRICT MAP NO. 3 FROM 40 2002 -001/ FEET TO 20 FEET. Adopt Ordinance No. 2002 -23. 3513 Finley Ave. (68) RESOLUTIONS FOR ADOPTION 10. LEASE -TO- PURCHASE HOUSING PROGRAM. 1) Adopt C -3571 Resolution No. 2002 -60 that authorizes participation by the City of Res 2002.60 Newport Beach in the Lease -to- Purchase Program as a voting member Lease -to- Purchase of the Orange County Area Housing and Finance Agency (Agency); and Housing Program/ 2) authorize the City Manager to execute a Joint exercise of Powers OC Area Housing & Agreement for membership in the Agency and to attend Agency Finance Agency meetings and take any and all actions necessary to coordinate the (38/54) City's voting membership in the Agency and participation in the Lease - to- Purchase Program. 11. PROPOSED ASSESSMENT DISTRICT NO. 86 (AREA BOUNDED Res 2002 -61 BY OCEAN BOULEVARD, OCEANFRONT BOULEVARD, "G" Res 2002 -62 STREET, AND CHANNEL ROAD AND THE PUBLIC BEACH) Res 2002 -63 FOR UNDERGROUNDING UTILITIES. 1) Adopt the following C -3572 resolutions: a) Resolution No. 2002 -61 making findings on a petition Assessment for, adopting a map showing the proposed boundaries of, and making District 86 appointments for Assessment District No. 86; b) Resolution No. 2002 -62 (38/89) Volume 55 - Page 405 City of Newport Beach City Council Minutes September 24, 2002 declaring intention to order the construction of certain improvements in proposed Assessment District No. 86, declaring the improvements to be of special benefit, describing the District to be assessed to pay the costs and expenses thereof, and providing for the issuance of bonds; and c) Resolution No. 2002.63 giving preliminary approval to the report of the Assessment Engineer, setting the time and place for a public hearing as November 12, 2002, and ordering the intention of assessment ballot procedure for Assessment District No. 86; and 2) approve the Special Counsel Agreement with Robert Hessell. CONTRACTS AND AGREEMENTS 12. Item removed from the Consent Calendar by Council Member Heffernan. 13. BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT (C -3397) — COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; 4) release the Faithful Performance Bond one (1) year after Council acceptance; and 5) approve a budget amendment (BA -012) appropriating an additional $3943.55 from the balance of the Measure M Turnback Fund balance to Account No. 7281- C5100645. 14. BEACON BAY SEWER MAIN REPLACEMENT (C -3277) — COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 15. HAZEL AVENUE PAVEMENT REHABILITATION (C -3448) — COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; 4) release the Faithful Performance Bond one (1) year after Council acceptance; and 5) approve a budget amendment (BA -013) appropriating $15,739.99 from the Measure M Turnback Fund balance to Account No. 7281 - 05100639 for this project. 16. BALBOA VILLAGE IMPROVEMENTS — PHASE II — TEMPORARY EMPLOYMENT AGREEMENT WITH EMMET BERKERY — AMENDMENT NO. 1. 1) Approve Amendment No. 1 to the Agreement for Temporary Employment of Emmet Berkery in the amount of $33,600 and authorize the City Manager to execute the Amendment; and 2) approve a budget amendment (BA -014) transferring $33,600 from the unappropriated balance of the General Volume 55 - Page 406 INDEX C -3397 BA -012 Balboa Island Pavement Rehabilitation and Water Main Replacement (38/40) C -3277 Beacon Bay Sewer Main Replacement (38) C -3448 BA -013 Hazel Avenue Pavement Rehabilitation (38/40) C- 3527 -A BA -014 Balboa Village Improvements — Phase II (38/40) City of Newport Beach City Council Minutes September 24, 2002 J Fund to Account No. 5100 -7020 (Part -time Salaries). 17. Item removed from the Consent Calendar by Mayor Ridgeway. MISCELLANEOUS ACTIONS 18. NOMINATION FROM ECONOMIC DEVELOPMENT COMMITTEE (EDC) TO FILL EDC VACANCIES. Appoint Gay Wassall -Kelly as Balboa Village representative and Kevin Weeda as Lido District representative to fill vacancies on the Economic Development Committee. Motion by Mayor Pro Tern Bromberg to approve the Consent Calendar, except for those items removed (1, 3, 4, 12 and 17). The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF SEPTEMBER 10, 2002. Jim Hildreth, 120 The Grand Canal, stated that Volume 55, Page 371 needs to be corrected so that the sentence at the top of the page reads, "and is still a pier permit". Additionally, on Page 378, the P. O. Box number was left out. It should have read, "P. O. Box 5350 ". Mr. Hildreth noted that he had also stated that the P. O Box was being used as the service address as well as a billing address, and that this was not included in the minutes either. On Page 379, the minutes also inaccurately reflect him saying that the structure was acquired by the City, when he had stated that it was removed by the City. Later in the same paragraph, he stated that he was referring to the City installed ladder, not the structure. Mr. Hildreth requested that the City record his words correctly. Motion by Mayor Pro Tern Bromberg to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover 3. ORDINANCE RELATING TO WIRELESS TELECOMMUNICA- Volume 55 - Page 407 01�_ Economic Development Committee (24) I Ord 2002 -24 City of Newport Beach City Council Minutes September 24, 2002 TIONS; ADOPTION OF COUNCIL POLICY L-23 RELATING TO THE SITING OF WIRELESS TELECOMMUNICATIONS FACILITIES ON CITY -OWNED LAND. Council Member Heffernan stated that with the recommended action, the City is attempting to keep pace with the wireless era. Assistant City Manager Kiff stated that the telecommunications ordinance lays out the guidelines by which the City would permit telecommunications facilities on both public and private property. The council policy would express the City Council's intent to make public property available under certain circumstances for the placement of wireless telecommunications facilities. Assistant City Manager Kiff stated that the Police Department has recommended a couple of amendments to the ordinance. Section 15.70.070(C)(2) should be changed to read, "If the Police Department determines that the proposal has a high probability that its facilities will interfere". He stated that this will allow the Police Department to assume that a facility may interfere with emergency communication devices, without having to prove it. Assistant City Manager Kiff stated that the same change needs to take place in Section 15.70.070(D)(2) for private property. Additionally, Assistant City Manager Kiff stated that Section 15.70.080 should refer to a "compliance and radiation report" and not just a radiation report. Council Member Heffernan asked if the Fire Department agrees that the Police Department should be placed first. Additionally, he asked if any of the antenna or device applications would have to be found to not interfere with emergency police or fire communication. Assistant City Manager Kiff stated that there would be a Police Department review for any application, public or private, but an application cannot be denied for private property due to a possibility of interference. He stated that this is why the language in the proposed ordinance states that the Police Department and the applicant must work together to resolve the issue to the maximum extent practicable. Assistant City Manager Kiff stated that the City would have the right to deny applications for public property installations. Assistant City Attorney Clauson stated that there is a process in place for interferences that would create a serious problem, and explained that the item could be brought before the City Council for review and possible denial. Council Member Heffernan noted that the reason for the detail in the City's ordinance regarding this issue is the Federal Act that preempts local jurisdiction in many cases. Bob Morales, Arcadia, AT &T Wireless, commended City staff and the Telecommunications Ad Hoc Committee on the development of the wireless telecommunications ordinance. He stated that AT &T Wireless is constantly striving to improve its system and noted that one in every four persons in the United States relies on wireless phones. Mr. Morales stated that AT &T Wireless hopes that the ability to use public right -of -ways will help mitigate the issue of antennas in Volume 55 - Page 408 INDEX Council Policy L -23/ Wireless Telecommunications (69) City of Newport Beach City Council Minutes September 24, 2002 INDEX residential communities. Motion by Council Member Heffernan to introduce Ordinance No 2002 -24, as amended, relating to Wireless Telecommunications and pass to second reading on October 8, 2002; and adopt new Council Policy L -23. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover Council Member Adams thanked Council Member Heffernan for his work on the Telecommunications Ad Hoc Committee. 4. AMENDMENTS TO TITLE 17 OF THE NEWPORT BEACH Ord 2002 -18 MUNICIPAL CODE DEALING WITH HARBOR REGULATIONS, Harbor Regulations ADMINISTRATION AND CONSTRUCTION IN NEWPORT (51) HARBOR. Jim Hildreth, 120 The Grand Canal, pointed out that the duties of the Harbor Resources Director include the maintenance of files and records of all pier permits issued. Mr. Hildreth stated that the files and records of the department need to be audited, so that misplaced documents can be found. Additionally, Mr. Hildreth suggested that the appeal process be set at fifteen working days as the standard. He further noted the deletion of Section 17.41.095 and asked if the City Council was trying to alleviate itself of some duties by referring appeals to the Harbor Commission. He stated that the Harbor Commission is not the appropriate body to handle appeals. He specifically disagreed that the filing of appeals should be sent to the Harbor Resources Director, as outlined in Section 17.42.030, because he has shown that the current director can't keep documents very well and misdirects mail. Motion by Mayor Pro Tern Brombere to adopt Ordinance No. 2002 -18 amending Title 17 of the NBMC. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover 12. APPROVE ACULERT EMERGENCY INFORMATION C- 3570 /Emergency DEMONSTRATION PROJECT AND AGREEMENT. Information Demonstration Council Member Heffernan asked for a report on how the program will Project Volume 55 - Page 409 City of Newport Beach City Council Minutes September 24, 2002 work, how privacy issues will be dealt with and how someone would participate in the program. Fire Chief Riley responded by stating that members of the current Fire Medics Program have already been given the opportunity to provide their medical information, which has been entered into a database and is accessed by field personnel through existing mobile data computers. Unlike the encrypted wireless transmissions, the current system being used does not provide for secured transactions and the technology is hard to keep up to date. Fire Chief Riley stated that the proposed system would have a company manage the database through encrypted wireless technology, and that each member would be provided with a unique barcode identifier, which would be scanned by field personnel. This would allow for confidential medical history information to be accessed. Fire Chief Riley stated that all Federal regulations are being met for medical information confidentiality, in both the current and proposed records system. Mayor Ridgeway asked what the expected cost of the program would be. Fire Chief Riley stated that current Fire Medics Program members would pay no additional fees, because it is expected that new members would offset the fees. He added that the approximate cost per household would be $3. Additionally, he noted that the Fire Medics Program at an annual household cost of $48 covers all household members for out -of- pocket paramedic or ambulance expenses. Per Council Member Heffernan's question, Fire Chief Riley stated that if a member is not carrying the barcode identifier when it is needed, field personnel should be able to obtain the medical information. Motion by Mayor Pro Tern Bromberg to approve the Fire Department's partnership with Aculert that provides both medical information and a family notification program for use by fire agencies. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover 17. BALBOA VILLAGE IMPROVEMENTS PHASE 2 — AWARD OF CONTRACT (C- 3527). City Attorney Burnham stated that staff is proposing the recommended action, and that the City Council has reviewed the Mitigated Negative Declaration, the information in the staff report and all other relevant information and makes the following findings: 1) On August 14, 2001, the City Council approved the complete plans for the 3 phases of the Balboa Village Improvement Project (the Project); 2) In conjunction with the August 14, 2001 approval of the Project, the City prepared a Mitigated Negative Declaration (MND), State CEQA Clearinghouse Volume 55 - Page 410 INDEX (38) C- 3527 -B BA -015 Balboa Village Improvements — Phase 2 (38/40) City of Newport Beach City Council Minutes September 24, 2002 INDEX 2001011130, which concluded that, with the specified mitigation measures incorporated, the Project would not have a significant effect on the environment. Consistent with CE" the MND was submitted to the State CEQA Clearinghouse, circulated for comment and the City prepared responses to the comments; 3) Phase 1 of the Project was completed May 30, 2002. The plans approved on August 14, 2001 called for construction of Phase 2 to commence in September 2002. The Coastal Development Permit for the Project requires all Phase 2 construction to cease prior to June 1, 2003. The City Council is therefore continuing with the implementation of the Project by approving the construction contract for Phase 2; 4) The contracts for construction of Phase 2 are fully consistent with the plans approved by the Council August 14, 2001. Minor revisions were made to the drawings and specifications, primarily to reflect as -built information from Phase 1 construction. No substantial changes are proposed in the Project as adopted in August 2001; 5) No substantial changes have occurred with respect to the circumstances under which the Project is being undertaken which would require major revisions to the previously prepared Mitigated Negative Declaration. No changes in circumstances have occurred that involve a new significant environmental impact or a substantial increase in the severity of a previously identified impact; 6) The City Council has received no new information of substantial importance, that was not known and could not have been known in the exercise of reasonable diligence at the time of Project approval, and that shows either that the project will have significant effects not discussed in the MND, or that feasible new mitigation measures have been identified. In particular, at the time of its August 2001 Project approval, the City had the benefit of the information in the MND, the April 2001 City Ficus Landmark Trees report, prepared by Integrated Urban Forestry, and the May 2001 Analysis of Costs To Retain the Main Street Ficus Trees; 7) No additional environmental review is warranted on the Balboa Village Improvement Project or on Phase 2 of the Project; and, 8) In the implementation of Phase 2, the City Manager shall fully comply with any order of any court of competent jurisdiction. Motion by Mayor Pro Tern Brombere to approve the plans and specifications for Phase 2 construction, with the findings as noted by City Attorney Burnham; award the contract (C -3527) to Hillcrest Contracting for the total bid price of $2,840,899.97 and authorize the Mayor and the City Clerk to execute the contract; approve a budget amendment (BA -015) appropriating $392,500 from CDBG 108 Loan Proceeds to Balboa Village Phase 2, Account No. 7161- C5100543; approve a budget amendment (BA -015) appropriating $68,000 from the Circulation and Transportation Fund Balance to Account No. 7261 - 05200703 — Balboa Village Phase 2; and approve a budget amendment (BA -015) appropriating $25,150 from the Gas Tax Fund Balance to Account No. 7181- C5100543 — Balboa Village Phase 2. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Volume 55 - Page 411 City of Newport Beach City Council Minutes September 24, 2002 Ridgeway Noes: None Abstain: None Absent: Glover K. PUBLIC COMMENTS INDEX John Lightburn, Committee to Abolish Helicopter Noise, stated that his committee has received letters of support over the last several weeks. He read from the letter received from Nicole Weinberger, "Dear Mr. Jacober. I recently read an article in the Tuesday edition of the Daily Pilot about your organization. I am writing to give you my support of your efforts to curb the police helicopter noise in our area. I have often awoken to this disturbing noise. The helicopter flies around and around in circles, and is very loud and annoying. I have also wondered if this is necessary and if the expense is worth it for security. We have a lot of other noise to contend with; for example, cars, buses, airplanes and even the high school. If possible, it is one's best interest to keep our environment free of unnecessary and expensive noise pollution. Thank you for your concern and for actually doing something about this." Mr. Lightburn also read a letter received from Jill Harley - Watkins, "Thank you for taking the time to speak with me on the phone last week about your committee and thank you for your courage to fight for our right to quiet enjoyment. As you've requested, I've enclosed a copy of the letter I wrote to the Daily Pilot. I'd appreciate being apprised of your progress and any way that I can participate. P. S. Please don't give up the fight" Shirley Conger, Corona del Mar, AWG Board Member, presented a petition to the City Council, which requests that the former Marine Corps Air Station (MCAS) El Toro be turned over to the Federal Aviation Administration (FAA) and that the FAA authorize Los Angeles World Airports to operate it as a commercial airport. Ms. Conger stated that without an airport at El Toro, the pressure from the airlines and the traveling public will force John Wayne Airport to expand. She stated that it will mean the destruction of residential neighborhoods and Newport Beach's quality of life. Ms. Conger noted that the petition can be signed by any elected official and will be sent to the Secretary of the Navy, the FAA Director and the Mayor of Los Angeles. Jim Hildreth, 120 The Grand Canal, resubmitted letters he provided to the City Council on September 18, 2002. The letters are a part of the public record and on file in the City Clerk's office. Mr. Hildreth also provided a letter to City Manager Bludau requesting City records. Mr. Hildreth stated that the records have to be there, that there is evidence that they existed at one time, and that City policy requires that these records be maintained. He stated that he wants to know what happened to them. He, additionally, pointed out that if the City is willing to do this to him, who else might they be doing it to. He stated that the documents are a part of public record and, therefore, need to be provided when requested. Volume 55 - Page 412 City of Newport Beach City Council Minutes September 24, 2002 L. M. N. INDEX • Mayor Ridgeway stated that Mr. Hildreth needs to accept the fact that the City does not have the documents he is requesting. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES • Status report - Ad Hoc General Plan Update Committee (GPUC). Assistant City Manager Wood stated that at the GPUC meeting of September 23, 2002, there was an update on the telephone survey and a discussion about the agenda for the final public event, which would be the Community Visioning Summit to be held on November 16, 2002, at the Oasis Senior Center. • Council Member Heffernan reported that the Telecommunications Committee is working on an ordinance that will create a uniform policy for dealing with right -of -way issues, such as those concerning wireless telecommunications and Southern California Edison. • Council Member Heffernan reported that the Finance Committee also met, and is working on indexing and managing the leases that are governed by the City. He stated that it is being handled by the Administrative Services Department. • Status report - Local Coastal Program Certification Committee (no meeting held since the previous City Council meeting). PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT Planning 19. PLANNING COMMISSION AGENDA FOR SEPTEMBER 19, 2002. (68) Assistant City Manager Wood stated that there were three items on the agenda, and all three items were continued. She stated that the Design Guidelines for Balboa Village was continued to October 17, 2002, to give the Planning Commission more time to review the matter. Mayor Ridgeway stated that the Committee to Promote Revitalization of Our Peninsula (PROP) would also be reviewing the matter at their 8:30 a.m. meeting on October 4, 2002. Assistant City Manager Wood reported that the other two items on the Planning Commission agenda were for variances for houses on small, unusual lots. She stated that the Planning Commission asked for design changes to both. PUBLIC HEARINGS 20. EZ LUBE (PA2002 -034) - 3600 EAST COAST HIGHWAY - PA2002 -034 APPEAL OF THE PLANNING COMMISSION DECISION TO EZ Lube/ DENY A REQUEST TO CONSTRUCT AN AUTOMOBILE 3600 E. Coast Hwy LUBRICATION FACILITY CONSISTING OF A 2,641 SQUARE (68) FOOT BUILDING WITH TWO SERVICE BAYS LOCATED IN CORONA DEL MAR. THE APPLICATION INCLUDES A Volume 55 - Page 413 City of Newport Beach City Council Minutes September 24, 2002 INDEX REQUEST TO WAIVE THREE OF THE TEN SPACE OFF - STREET PARKING REQUIREMENT (contd. from 6/25/02 & 8/27/02). City Clerk Harkless announced that the applicant has requested that their appeal be withdrawn. Council Member O'Neil stated that the applicant has done the right thing by withdrawing their appeal. 21. FY 2001 -2002 COMMUNITY DEVELOPMENT BLOCK GRANT CDBG CONSOLIDATED ANNUAL PERFORMANCE AND Consolidated EVALUATION REPORT (CAPER). Annual Performance and Mayor Ridgeway opened the public hearing. Evaluation Report (CAPER) Hearing no testimony, Mayor Ridgeway closed the public hearing. (87) Motion by Mayor Pro Tern Bromberg to approve the FY 2001 -2002 CAPER and direct staff to submit the document to all appropriate parties. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover 22. COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN CDBG PARTICIPATION PLAN (CPP). Citizen Participation Mayor Ridgeway opened the public hearing. Plan (CPP) (87) Hearing no testimony, Mayor Ridgeway closed the public hearing. Motion by Mayor Pro Tern Brombere to approve the Citizen Participation Plan. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover 23. CODE AMENDMENT NO. 2002 -005 (PA2002 -161) BALBOA PA2002 -161/ VILLAGE DESIGN GUIDELINES. Code Amendment 2002.005/ Mayor Ridgeway opened the public hearing. Balboa Village Volume 55 - Page 414 City of Newport Beach City Council Minutes September 24, 2002 Motion by Council Member O'Neil to continue the item to October 22, 2002. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover O. CURRENT BUSINESS 25. REPORT TO THE CITY COUNCIL REGARDING LAFCO ACTIONS ON CITY S ANNEXATION APPLICATION OF EAST SANTA ANA HEIGHTS, BAY KNOLLS AND THE EMERSON TRACT AND ON LAFCO ACTIONS REGARDING WEST SANTA ANA HEIGHTS. City Manager Bludau stated that the Local Agency Formation Commission ( LAFCO) conducted a hearing on September 16, 2002, to consider the City's annexation of East Santa Ana Heights. He stated that the item was approved, pending the petition process, and would be effective on July 1, 2003. He stated that LAFCO also took action to remove Bay Knolls from the City of Costa Mesa's sphere of influence and include it with the annexation of East Santa Ana Heights on July 1, 2003. City Manager Bludau additionally reported that LAFCO discussed several areas that have petitioned to be within the City of Newport Beach's sphere of influence. LAFCO gave West Santa Ana Heights six months to meet with the City regarding the issue, and made Santa Ana Country Club and Mesa Drive a part of the City of Costa Mesa, pending the protest process. Mayor Ridgeway stated that he attended the meeting also and feels there will be a successful petition by the Santa Ana Country Club and the residents south of Mesa Drive. Additionally, Mayor Ridgeway stated that the properties in West Santa Ana Heights that would be within the boundaries of a runway extension at the John Wayne Airport should be annexed into Newport Beach since the homeowners would have a vote on the matter. Mayor Pro Tem Bromberg stated that he is encouraged by the near- completion of the annexation of East Santa Ana Heights, Bay Knolls and the Emerson Tract. Motion by Mayor Pro Tem Brombere to direct the City Manager to undertake an analysis of service requirements for West Santa Ana Heights and a revenue /cost analysis of such an annexation. Volume 55 - Page 415 INDEX Design Guidelines (68) East and West Santa Ana Heights, Bay Knolls, and Emerson Tract Annexations (21) City of Newport Beach City Council Minutes September 24, 2002 The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover 26. APPOINTMENT OF PLANNING COMMISSION REPRESENTATIVES TO GENERAL PLAN UPDATE COMMITTEE AND LOCAL COASTAL PROGRAM COMMITTEE. Motion by Mayor Ridgeway to confirm his appointment of Michael Toerge to both the General Plan Update Committee and the LCP Committee. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover P. MOTION FOR RECONSIDERATION — None. Q. ADJOURNMENT — 10:17 p.m. The agenda for the Regular Meeting was posted on September 18, 2002, at 3:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on September 20, 2002, at 3:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. . P s- Recording Secre ry T- pol?, V Mayor sas'�r Y / City Clerk Volume 55 - Page 416 INDEX General Plan Update Committee/ Local Coastal Program Committee (24)