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HomeMy WebLinkAbout07/08/2003 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting July 8, 2003 - 7:00 p.m. - Cancelled. - Cancelled. NEWPORT BEACH PUBLIC FACILITIES AUTHORITY MEETING - 7:00 p.m. *ttxxa:r x *x:rxa:rxtxxs A. RECESSED AND RECONVENED AT 7:05 P.M. FOR REGULAR MEETING C. D. E. F. ROLL CALL Present: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Absent: None CLOSED SESSION REPORT — Not applicable. PLEDGE OF ALLEGIANCE INVOCATION — Reverend Praveen Bunyan, St. James Episcopal Church. PRESENTATIONS Proclamation for 50th Anniversary of the Boy Scout Jamboree. Mayor Bromberg presented the proclamation to Kent Gibbs, Executive Director of the Orange County Council of the Boy Scouts of America. Council Member Webb stated that he was at the Boy Scout Jamboree and displayed his banner, book, and neckerchief that he wore. He asked that audience members stand up who were also at the Jamboree. He further summarized his remembrances from the event. Mayor Bromberg announced that Council Members Webb and Adams are both Eagle Scouts, which is the highest award a Boy Scout can receive. He stated that Council Member Adams is on the Board of Directors for the Orange County Council for the Boy Scouts of America and Council Member Webb is the Rancho Del Mar Eagle Scout Coordinator. United Way Presentation of City of the Year Award. Carmen Dickerson, Orange County United Way, presented Mayor Bromberg, Deputy City Attorney Ohl, and Human Resources Analyst Anderson with the City of the Year Award Volume 56 - Page 272 INDEX City of Newport Beach Regular Meeting July S, 2003 for 2003. G. NOTICE TO THE PUBLIC INDEX H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Heffernan stated that the City was going to conduct a Citywide cell phone survey to provide information about the areas where the City has or does not have cell phone coverage. He requested that the survey be completed, presented to Council, and made available to the residents. Council Member Proctor reported that, Wednesday in Northern California, the Coastal Commission will be acting on the City's affordable housing issues. He stated that, if the City does not make it through this issue at this meeting, there will be a potential $1 million added cost for the City. He stated that City staff put together a team that is enroute to Petaluma. He announced that he will be going there on behalf of Council, but must leave the Council meeting at 9:00 p.m. to make his flight. Mayor Pro Tern Ridgeway stated that he has been working on the senior affordable housing project for about five years and believed that tomorrow is a very important meeting for the City. Council Member Adams recognized the people and institutions that helped make the Fourth of July a wonderful day in the City. He noted that fireworks were restored, largely due to financial contributions from the Dunes Resort, Fletcher Jones, the Newport Beach Chamber of Commerce, and the City. He also thanked the Newport Beach Police Officers, the other officers from different cities, and staff who kept the celebration relatively safe and sane. He reported that he rode with Officer Klein and witnessed a very professional effort by the officers. Council Member Webb stated that the Parks, Beaches & Recreation Commission discussed the Castaways Park landscaping. He asked that Council be provided with a report on this the first meeting in August. Council Member Nichols stated that money has been appropriated for traffic improvements through Corona del Mar on Pacific Coast Highway. He asked for a presentation on the proposal. Mayor Bromberg stated that the Fourth of July fireworks were spectacular. He indicated that, at 10:30 p.m., he drove through West Newport with one of the officers and noted that it was almost a non- event. He believed that the City got the word out and the evening was civil. Volume 56 - Page 273 City of Newport Beach Regular Meeting July 8, 2003 I. INDEX CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. Removed at the request of an audience member. 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. ORDINANCE FOR INTRODUCTION 3. Removed at the request of Mayor Pro Tern Ridgeway. RESOLUTIONS FOR ADOPTION 4. ADOPT RESOLUTION FOR STREET SWEEPING IN THE Res 2003 -32 SANTA ANA HEIGHTS AND BAY KNOLLS COMMUNITIES. Street Sweeping 1) Adopt Resolution No. 2003 -32 replacing County of Orange NO (85) PARKING restrictions with City of Newport Beach NO PARKING restrictions for street sweeping on Thursdays from 8:30 a.m. to 12:30 p.m. in the Santa Ana Heights and Bay Knolls communities; and 2) rescind Resolution No. 2003 -16. 5. EXTENSION OF THE TERM OF THE LOCAL COASTAL Res 2003 -33 PROGRAM (LCP) CERTIFICATION COMMITTEE. Adopt Local Coastal Resolution No. 2003 -33 extending the term of the LCP Certification Program Certification Committee. Committee (24) 6. APPLICATION FOR CERTIFICATE OF PUBLIC Certificate of Public CONVENIENCE & NECESSITY (APPLICANT — ACME CAB Convenience and COMPANY PEDICAB SERVICE). Continued to the July 22, 2003, Necessity/ Council meeting. Pedicab Service (27) CONTRACTS AND AGREEMENTS 7. 2002 -2003 TRAFFIC SIGNAL UPGRADES — COMPLETION AND C -3529 ACCEPTANCE OF CONTRACT (C- 3529). 1) Accept the work; 2003 Traffic Signal 2) authorize the City Clerk to file a Notice of Completion; 3) authorize Upgrades the City Clerk to release the Labor and Materials bond 35 days after (38) the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 8. JAMBOREE ROAD STREET REHABILITATION PROJECT C -3625 FROM EASTBLUFF DRIVE/FORD ROAD TO BISON AVENUE — Jamboree Road APPROVAL OF PROFESSIONAL SERVICES AGREEMENT Street Rehab (C- 3625). Approve a Professional Services Agreement with Dewan, (38) Lundin & Associates, Inc. for professional engineering services for a contract price of $41,055 and authorize the Mayor and the City Clerk to execute the Agreement. Volume 56 - Page 274 City of Newport Beach Regular Meeting July 8, 2003 9. NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION — AWARD OF CONTRACT (C- 3618). 1) Approve the plans and specifications; 2) award the contract (C -3618) to Haitbrink Asphalt Paving for the total bid price of $85,925 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $7,075 to cover the cost of unforeseen work; 4) approve a budget amendment (BA -001) appropriating $12,000 from the unappropriated balance of the Tide and Submerged Land Fund to Account No. 7231- C5100713; and 5) approve a budget amendment (BA- 001) appropriating $6,000 to Contributions Account No. 7251- C5100713 and increase revenue estimates by $6,000 into Account No. 250 -4858 to reflect the additional Newport Mesa Unified School District contribution for the beach playground improvements. Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar, except for those items removed (1 and 3); and noting the continuance of Item No. 6. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JUNE 24, 2003. Jim Hildreth, Newport Beach, agreed that he said that Mexicans should be allowed to sit on the grass (page 254), but asked that page 262 be correctly stated. Regarding page 260, he indicated that he mentioned locations on Balboa Island that have three story structures but they are not listed in the minutes. He asked that they be included, as well as his statement that there was a rumor that the structure next door to him will become a three story structure. He stated that he is not sure if the rumor is correct; however, he believed that a structure for an elevator is a third story. He also mentioned 123 E. Bayfront. He believed that he did not say "inconvenience ", but that there is the possibility of water damage if the structure is removed. Motion by Mayor Pro Tern Ridgeway to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Volume 56 - Page 275 INDEX U -Mlb BA -001 Newport Elementary School Playground Rehabilitation (38/40) City of Newport Beach Regular Meeting July 8, 2003 Absent: None 3. TRANSIENT OCCUPANCY TAX (TOT) AND VISITOR SERVICE FEE ORDINANCE REVISIONS. Mayor Pro Tern Ridgeway requested that Section 3.16.080.D be amended so that "ten percent (10 %) or greater discrepancy" be changed to five percent (5 %) since it is a high threshold. Council Member Heffernan believed that 5% is satisfactory. Motion by Mayor Pro Tern Ridgeway to introduce Ordinance No. 2003 -12, as amended, revising the Transient Occupancy Tax and Ordinance No. 2003-13 revising the Visitor Service Fee Ordinance, and pass to second reading on July 22, 2003. The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None K. PUBLIC COMMENTS Robert Gardner, Corona del Mar, stated that City trucks wiped out the sidewalks that went to the beach for the disabled many years ago in Central Newport. He requested that the budget include repairs and corrections to the sidewalks to allow disabled and wheelchaired individuals to go to the beach. He added that this should also be done at the Wedge. Mayor Pro Tem Ridgeway suggested that Mr. Gardner call him, but noted that the two homeowner associations have not supported this request. Mr. Gardner indicated that he talked to Tom Hyans who said there was no objection. Council Member Heffernan noted that this is a public beach and asked what the Americans with Disabilities Act requirement is for access. City Attorney Burnham stated that he does not believe there are any applicable requirements. Jim Hildreth, Newport Beach, displayed photos. He indicated that Harbor Resources Director Rossmiller said that the locations in the Grand Canal are pier permits, but no documents have been sent to him except from the Revenue Department. Further, one of the locations used by a City employee was classified as not having a pier permit on file. He believed that the City has changed its public records act policy. He indicated that Harbor Commissioner Collins said that the City has archived records and believed he claimed they were underneath the building. He believed that the City does not fall under the jurisdiction of the fifth amendment for non - disclosure of documents that will Volume 56 - Page 276 I1►`U] a. Ord 2003 -12 Ord 2003 -13 Transient Occupancy Tax (TOT) & Visitor Service Fee (40) City of Newport Beach Regular Meeting July 8, 2003 incriminate them. INDEX Dolores Otting, Newport Beach, displayed photos of the Balboa Bay Club (BBC). She noted that the BBC received a 50 -year lease extension for a $65 million project and believed they were able to only pay half of their lease to the City during construction. She stated that the BBC does not have public parking or public access, and asked why the City put up "No Parking" signs. She added that the BBC does not have benches or restrooms for the public. She stated that the BBC has a "private beach" but emphasized there are no more private beaches in California. Further, California does not allow alcohol on the beaches. Mayor Bromberg stated that this issue has come up a lot and requested a report at a study session. BJ Johnson, Chair of the Residents Association in Corona del Mar, announced that the outreach regarding the crosswalks in Corona del Mar will be held on July 24 at the Oasis Senior Center at 7:00 p.m. Robert Walchl believed that living in the City has become unbearable with the media - created race issue, polarization of Council, banner planes, late night party noise, soon to be increased jet traffic, increasing road traffic, failure to protect views, and construction noise. He stated that he has a beach house in Corona del Mar but feels his assets are at risk. He foresees that, unless something is done, Newport Beach is going to resemble Venice or Davy, Florida. Kathy Margolin urged Council to support the Orange County Regional Airport Authority (OCRAA) resolution to back the Los Angeles bid to run El Toro. She reported that the Costa Mesa City Council supported the resolution 5 -0. She stated that the Los Angeles letter to the Department of Transportation about the El Toro issue can be viewed on www.awgpac.com or www.heritage£ields.info. Dr. Howard Garber stated that he is a property owner in Anaheim, but it is not just Newport Beach that has the problems that Mr. Walchl described. He stated that California is seeing sociological changes and noted that California has become the first minority state in the country. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC). Council Member Adams noted that there is a recommendation on tonight's agenda for two General Plan Advisory Committee (GPAC) vacancies. Assistant City Manager Wood stated that GPUC made recommendations to fill the vacancies. Further, there was discussion about GPAC's absentee problems and GPUC asked that the Mayor send letters to the members with the greatest number of absences. Local Coastal Program Certification Committee. Mayor Pro Tern Ridgeway announced that the July 14 meeting will be postponed because the Coastal Commission did not submit its report. Volume 56 - Page 277 City of Newport Beach Regular Meeting July 8, 2003 Newport Coast Advisory Committee. Council Member Heffernan stated that the NCAC will meet on July 9 at the Coastal Canyon Swim & Tennis Club at 5:30 p.m. He reported that their priorities include 1) shifting property maintenance for median parkways and slopes from the master homeowners associations to the City; 2) writing a rebate refund to the homeowner associations for maintenance work they did but the City was supposed to do starting March 2002; 3) keeping fuel modification zones in compliance by ensuring that the homeowners associations do maintenance work and then have the City reimburse them on a per acre basis; 4) having the City oversee the contractor list so they get competitive bids; 5) deciding if the residents get interest on the portion of the assessment debt relief that the City holds; 6) completing a special investigation regarding the re- creation of the assessment districts and the turnover of Newport Coast Drive; and 7) conducting public outreach and discussion regarding the community center. Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb stated that they met on June 25, reviewed the plans, approved the alternatives, and submitted the plans to the State for conceptual review. He indicated that they probably won't have another meeting until they receive comments back from the State. Mayor Pro Tem Ridgeway noted that the project is on time and on budget. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 10. PLANNING COMMISSION AGENDA FOR JULY 3, 2003 [Meeting cancelled]. N. PUBLIC HEARING 11. AGREEMENT BETWEEN THE CITY AND THE ORANGE COUNTY DEVELOPMENT AGENCY REGARDING A FIRE STATION AND COMMUNITY CENTER IN SANTA ANA HEIGHTS. City Manager Bludau reported that, on July 1, 2003, East Santa Ana Heights became a part of the City and noted that Council will consider annexing West Santa Ana Heights in the near future. He stated that, since January 2001, the City has been providing fire service from a temporary facility, but the County, the County's redevelopment agency staff, and City staff agree that the highest priority is to have a permanent fire station that will serve that area. Additionally, the Santa Ana Heights Project Area Committee (PAC) listed the development of a regional community center as its highest priority to serve not only the Santa Ana Heights area, but also the surrounding communities. Mr. Bludau reported that, on July 1, the Board of Supervisors approved the Memorandum of Agreement. He summarized that the agreement would bind the County, the redevelopment agency, and the City to work together for the acquisition of property and the construction of a fire station in the Santa Ana Heights area; the City agrees that it may use condemnation powers to acquire the property; the redevelopment agency will provide up to $2.5 million for the acquisition of the properties and anything above Volume 56 - Page 278 INDEX Planning (68) C -3656 Fire Station & Community Center in Santa Ana Heights (38) City of Newport Beach Regular Meeting July 8, 2003 INDEX $2.5 million will be paid by the City; the redevelopment agency will also contribute $1.6 million towards the construction of the fire station and anything in excess of $1.6 million in planning and construction costs will be the City's responsibility; upon completion of the fire station, it will be deeded and owned by the City; the City may purchase the YMCA property at 1200 University and the redevelopment agency will commit up to $11.5 million for the acquisition and construction of a new community center; and the City will agree to let the YMCA operate the community center as a regional community center. Council Member Heffernan noted that overrun costs will be born by the City and asked if the City has a cost insurance to say it will absorb the excess costs. Mr. Bludau stated that staff does not feel that the City will be picking up any costs but will be dealing with the acquisition issue in the upcoming weeks. However, based on appraisals in the area, they feel that $2.5 million would provide adequately for the acquisition. He noted that the City received a recent appraisal from the County of $4 million for the community center property, which would leave $7.5 million for the construction. He believed that Council has the right go back to the County if there are unforeseen circumstances that would change the cost of the projects. Further, the City does not have to move forward with the projects if that is Council's desire. Mr. Bludau stated that the City currently provides fire service outside of the City and in the airport area, and nothing will change as far as the calls they would respond to or the calls that other agencies might respond to as the City's backup. He added that the number of trucks and types of equipment will not change in the permanent facility. Mayor Bromberg opened the public hearing. Jeff Davis, Chairman of the Board of Managers for the Central Orange Coast YMCA, stated that he is joined tonight by members of the board and longtime supporters. He noted that the Board of Supervisors authorized the redevelopment agency to pursue a partnership with the City and YMCA which will result in the rehabilitation of the aging facility. He expressed his appreciation to Supervisor Silva and the City Manager's office for helping them maneuver through the municipal process, and to Roger Somers and members of the advisory committee because it was at their request that the proposal before Council is close to becoming a reality. He reported that the City will stand to receive a wonderful site and a facility with a built -in tenant who is eagerly willing to staff, program, and operate the center in partnership with the City. He stated that the Central Orange Coast YMCA and its Board welcomes this opportunity. He requested that Council authorize staff to pursue tonight's proposal. Mr. Bludau explained for Council Member Heffernan that a redevelopment plan is required when a redevelopment agency is established. He noted that the plan talks about the needs, identifies blight, and identifies the types of projects that redevelopment agency moneys can be spent on. He indicated that the committee put the community center as their top priority which will also serve the Volume 56 - Page 279 City of Newport Beach Regular Meeting July 8, 2003 regional area. Further, since this was a project that the County was going to do, the issue before Council is to determine if it wants to be responsible for the design and construction, and have the YMCA take care of the operation. Mr. Bludau clarified that this would be the City's community center and anyone can use it, but the operations will be contracted with the YMCA. Michael Stephens, Chairman of the YMCA of Orange County, stated that they are the parent organization for seven branches of the YMCA in Orange County. He reported that they have the financial responsibility for all the assets and approval of major contracts and agreements for any of the branches. He announced that his board of directors has reviewed the project and recommends that Council approve it. He assured Council that they will proceed and provide support to the City as the terms are negotiated. There being no further testimony, Mayor Bromberg closed the public hearing. Motion by Mayor Pro Tem Ridgeway to enter into an agreement with the County of Orange ( "County ") and the Orange County Development Agency ( "Agency ") to acquire real property for a regional community center and fire station to construct a permanent fire station in Santa Ana Heights. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None Council Member Proctor left the meeting at 9:00 p.m. rel 12. CORONA DEL MAR STATE BEACH — BEACHGOER AMENITY IMPROVEMENT PROJECT (contd. from 6/24/03). Economic Development Program Manager Berger reviewed the recommendations and noted that the project team included Assistant City Manager Kiff, Fire Chief Riley, Principal Civil Engineer Dalton, and Roberta Jorgensen and Jason Briscoe of Robbins Jorgensen Christopher Architects. He utilized a PowerPoint presentation and reported that there are about 11 acres of beach within the 19 acre park property, 536 parking spaces, two concession facilities, two restroom buildings, two changing rooms, a storage structure, former concrete shade structures, 10 volleyball courts, and 30 fire rings. He stated that, following the renewal in 1999 of the 30 -year operating agreement with the State, it was determined that the facility should be revitalized and a public outreach was conducted. He noted that changes to the site Volume 56 - Page 280 1104117 �1 CdM State Beach Improvement Project (62) City of Newport Beach Regular Meeting July 8, 2003 W113 Al design and structural design were incorporated after those meetings. He stated that the volleyball courts and fire rings were one of the major issues that came up at all the meetings so it was decided to hold off for now until the site design was worked out and then have a separate public outreach program to address it fully. Mr. Berger displayed the proposed site plan which includes a 2,225 sq. ft. lifeguard concession and tidepool education building, and two 1,231 sq. ft. restroom buildings which are only 96 sq. ft. larger than what is currently there. He noted that the changing rooms are being removed. He stated that the total structural facility area existing without the shade structures is 4,044 sq. ft. and the proposed area is 4,687 sq. ft., which is a net increase of 643 sq. ft. He reported that the linear building frontage will go from 215 feet to 103.5 feet, a softscape area has been added, and the sand area will be reduced slightly but will be replaced with grass and sidewalks. Mr. Berger displayed the lifeguard /concession /education facility, noting that the current concession area will be reduced from over 2,000 sq. ft. to 1,046 sq. ft. Further, there will be 177 sq. ft. of tidepool education space and about 1,000 sq. ft. for lifeguard and public safety use. He indicated that the two changing rooms were removed to accommodate additional restroom facilities. He noted that the top of the restrooms is 13 feet high. He indicated that, in all the meetings and in talking with staff, it was emphasized that the amount of fixtures needed to be increased. He displayed the structural silhouette comparison. Mr. Berger reported that the costs have been broken down so that the project can be phased. He stated that the initial phase includes the proposed buildings and site work to support them. He indicated that the total construction cost for Phase 1 is $1,992,848. He reported that, in order to do the bulk of the project, parking lot improvements need to be done. He stated that they are recommending that this be combined with Phase 1 for an additional $219,385. He noted that picnic area improvements ($146,258) and lifeguard vehicular storage ($103,863) are add -ons that can be Phase 2. Mr. Berger reported that the grand total would be $2,462,354, the initial funding is $1.3 million, and the remaining funding is $1.1 million. He reviewed the schedule with construction completion to occur around March 2005. He reported that they are seeking a difference in funding and, if necessary, noted that they are phasing the project in order to ratchet it back to reflect the available funding. In response to Council Member Heffernan's question, Assistant City Manager Kiff reported that the City's cost to operate the beaches generally far exceeds the revenue, specifically as it relates to police and lifeguards. He stated that the City's tidelands costs are about twice what the revenue is ($12 million versus $6 million). Mr. Kiff stated that they hoped they were responsive to the view concerns. He noted that there will be a 15 foot strip that will go up 10 feet higher than the current buildings because of the lifeguard observation deck. However, they feel it is a small price to pay for better Volume 56 - Page 281 City of Newport Beach Regular Meeting July 8, 2003 beachgoer protection. INDEX Council Member Heffernan asked what other approvals are required, other than Coastal Commission approval. Mr. Kiff believed they do not need State Architect approval since it is not a facility that houses kids. Council Member Nichols believed that two of the structures will be prominent in the Breakers Drive view plane, when currently there is only one. Mr. Kiff agreed that views are affected with the lifeguard facility, but they are also removing three of the current buildings. Council Member Nichols asked if some of the buildings can be pulled so they are hidden behind the rocks. Mr. Kiff emphasized that the intent is to orient the buildings perpendicular to the homes, but they cannot orient them precisely at 90° to all Breaker Drive homes. He pointed out that the goal is to protect the view out to the ocean. Regarding placing the buildings closer to the rocks, he stated that the policy looks at usability to the visitor, whether it is too far to walk to the restrooms, and if it is relatively isolated. In response to Council Member Nichols' question about the need for the lifeguard tower, Fire Chief Riley indicated that adding an improved lifeguard presence is similar to the use of the headquarters tower at the Newport Pier. He reported that they almost have a 2700 view and require minimum personnel to observe large areas of beach. He stated that this is valuable in times when there is not complete staffing during a normal summer day. He reported that there is annual summer staffing about three months of the year which runs about 40 hours of lifeguards in the tower during the weekend day; there is about 22 hours of presence on the weekends after summer when it is hot; and only 8 hours during other times when it is not a winter -type day. He emphasized that views from an elevated lifeguard tower improves their ability to watch the water with minimum staffing to improve public safety. He noted that a supervisor is responsible for Corona del Mar State Beach all year, but he has no place to do his work in the winter when there are not a lot of beach crowds. Further, no one is typically sent there unless they know there will be crowds. He stated that this structure will also give them the opportunity to have a supervisor present almost every day of the year. He guaranteed that, during a summer day, they have excellent staffing there; however, they do not feel this way the rest of the year. In response to Council Member Nichols' questions, Chief Riley stated that they will typically have a supervisor show up from 10:00 a.m. to 4:00 p.m. to use the tower as their work station, work on Corona del Mar improvement projects, and have a presence at the beach. He noted that the tower at the pier is their headquarters and serves their entire system; however, their boats are stationed at the Harbor Patrol facility. He stated that there are 37 towers with five being at Corona del Mar. Council Member Nichols noted that three are on the main beach, but believed the proposal is to have one lifeguard tower for three lifeguard stations. Chief Riley stated that the statement is really not a correct division of labor when you talk about beach supervision for over a large Volume 56 - Page 282 City of Newport Beach Regular Meeting July 8, 2003 INDEX span. He reported that a supervisor is assigned to the Corona del Mar State Beach, one is assigned between Newport Pier and the harbor entrance, and one is assigned between Newport Pier and the Santa Ana River. He stated that the benefit of the Newport Pier tower is that it allows anyone working there to see the whole beach. He announced that they have been able to effect rescues just by having supervisors in the command watch center when there was no lifeguard presence on the beach. Council Member Nichols asked if there have been a number of losses in Corona del Mar in 50 years that is higher than the main beach. Chief Riley stated that there has not; however, in 50 years, they have not had the opportunity to improve their operations. In response to Council Member Webb's questions, Mr. Berger stated that 13.5 feet is the highest point on the restroom buildings and will be used to provide natural ventilation. He noted that the inside of the restroom will be 9.5 feet tall. Roberta Jorgensen stated that the reason for the center pop -up is to provide a considerable amount of natural ventilation and light, and noted that lighting will be greatly augmented by the natural light. She stated that they have discussed the potential of having skylights, but they have not added them in at this point. She indicated that it would probably be advantageous to have them and they could use an insulated material so it would not add heat or height to the building. Council Member Webb recommended that they make sure the ceilings are not too low so there could also be ventilation from the sides. Mr. Berger described for Council Member Webb how the grass area and paving will be oriented, and stated that 8,800 sq. ft. is the amount of sand area that will be replaced by grass. He confirmed that the existing palm trees will be moved, not replaced. Council Member Nichols stated that the present trees are about 40 feet high and are spread out so they do not cause any view loss. Mr. Berger stated that the palm trees are not necessarily going to be used for shade. He reported that some of the trees will be together, but emphasized that the trees in the diagrams have been exaggerated to show its placement. He added that this is a conceptual site plan and, if the detail site plan drawings look like there are too many in certain areas, they can be moved. Council Member Nichols noted that the restrooms have more facilities for the ladies, but the changing rooms will be removed. Mr. Berger reported that, in order to get more facility space, the changing rooms have been eliminated. He added that the City does not install single stall restrooms, but bigger stalls. He noted that there will be an area that can be used as a changing area. Further, all the men's and women's facilities will have a diaper changing area. Robert Gardner, Corona del Mar, asked who is paying for this. He believed that Council should reject the project since there is no reason to provide more parking or more of any type of facility that is not meeting the basic needs. He referenced the letter written by John and Betty Lee which discussed the lifeguard tower. He noted that the project would triple the amount of grass around the parking area and does not see a reason for it. He believed that, if this was more Volume 56 - Page 283 City of Newport Beach Regular Meeting July 8, 2003 INDEX publicized, all the residents of Uorona del Mar would be against it and noted that parking saturates the area. City Manager Bludau noted that there are beach rescues made on a daily basis at Corona del Mar State Beach. Jim Hildreth, Newport Beach, asked if the City is promoting public nudity since there are reduced changing facilities. He wondered if the City has the custodial right to this location, believing that the City says it is against the law to picnic on public beaches and sleep in public facilities, although this is allowed on State beaches and parks. He noted that there is a complaint that the fertilizer in Irvine is contaminating the Back Bay, so putting grass close to the ocean may not be beneficial. He believed that view protection needs to be looked at. He noted that the City is losing money and believed that it should think about giving custodial rights back to the State. Helen Karen stated that she lives in and loves Corona del Mar and believed that this is a waste of money. She noted that the beach is tiny and they want to keep it that way. She added that Council Member Nichols should not step down tonight. Jack Larson, Corona del Mar, stated that every foot of beach is important and presented photos from July 4th. He asked how much building is being planned for Phase 2. He stated that they do not need more buildings, but need more sand. He stated that the high tide line is within 50 feet of the east end of the parking lot and the lawn that is there would almost be touching the high tide line. In response to Council Member Webb's questions, Mr. Larson stated that he took the photos from the second story of a Breakers Drive house. Further, he placed an "x" where he believed the new lifeguard tower would be. John Paulty, Newport Beach, stated that he has lived in Corona del Mar since 1935. He indicated that a beach is made of sand and should not be turned into a lawn. Robert Walchl, Newport Beach, stated that he regularly uses the beach and has effected numerous rescues when there was no lifeguard. He believed that this is a good plan overall but needs some small tweaks. He stated that the tower will be very helpful and will probably save some kid's life. He expressed his hope that the City is not planning to reduce the number of beach towers, but that this is just in addition to the lifeguard tower. He stated that he took a video on July 4th when the beach was overwhelmed with people. He believed that female visitors probably experienced health problems because both the restrooms had lines 20 to 40 people deep all day and there was no toilet paper. He believed that a minimum of 10 to 15 additional stalls are needed. He stated that the picnic area was overwhelmed, the overuse is killing the grass, the pine trees need to be removed and replanted, the pine needles are killing the grass, and smaller shade trees are Volume 56 - Page 284 City of Newport Beach Regular Meeting July 8, 2003 INDEX needed. He indicated that he would like to see the fire rings either removed or substantially reduced, and would like the beach closed at dark since it is located in a residential area with no late night support facilities. He noted that the residents he has talked to have not used the fire rings recently, yet they have to endure the late night yelling and traffic noise. He believed that a police officer should be stationed at Marguerite and Coast Highway to redirect traffic to other beaches once the area reaches saturation. He added that Corona del Mar residents do not enjoy any benefits from the beach users since they do not spend money there. Dennis Baker stated that he lives in Corona del Mar and supports this project. He indicated that his only concern is with the grass area. Regarding the comment that the project was not advertised, he stated that there were many hearings, but people wait until it gets to Council. He noted that it is their responsibility to make sure they are aware of what is going on and to get the information. Dolores Otting, Newport Beach, noted that the current 536 parking spaces will be increased to 541. She indicated that Council asked to see the plan a few months ago and believed that tonight is not the appropriate time to be seeing the plan for the first time. She believed that the project will cost $2 million with funding coming from tidelands and from the City. She asked how a project like this becomes a public hearing since it effects everyone in the City. She asked if the only recourse is to ban together and go to the Coastal Commission. She stated that there is no way to get more sand and believed that giving up sand for grass when the City has a lot of parks is not the best alternative for six additional parking spaces. Mr. Kiff reported that the public outreach was fairly detailed and, at the study session, Council saw the proposed plan in combination with other plans. He added that the plan was also posted on the City's website, including the results of the survey from two years ago. Regarding funding, he explained that funding will come from American Trader Oil Spill Settlement proceeds which are only supposed to be used for visitor amenities /improvements in the City and a Proposition 12 Grant that was given to the City specifically for this project. At Council Member Adams' request, the list of 13 meetings since 2001 were displayed. Laura Dietz, Corona del Mar, stated that she was pleased that the architect took her suggestion into consideration regarding security for people using the restroom facilities. She indicated that she has taken an active part in the public outreach process, and emphasized that there have been opportunities to discuss this and it has been publicized in the newspaper. Regarding the estimated costs, she noted that there is a line item for $800 trash cans but hoped the City can cut this back. Francois Eclaire stated that he lives in Corona del Mar and his family does use the beach and fire rings. He indicated that he is saddened to see a lot of bad faith in looking at this project. He stated that he is not Volume 56 - Page 285 City of Newport Beach Regular Meeting July 8, 2003 INDEX saying that the project is perfect, but it is only adding five parking spaces. He indicated that he is very proud to live in Corona del Mar, but he is sad that people want to refrain others from using the beach. Mayor Bromberg stated that Mr. Gardner asked why the City is doing something more than basic needs. He noted that Newport Beach is probably the most preeminent coastal City in California and the beach area does not belong to the City. Further, when the City does a project, it does not just do basic needs because residents expect the best, demand the best, and are willing to pay for the best. He noted that 11,000 people live in Corona del Mar, they probably have one of the strongest resident associations in the City, and they would be at tonight's meeting if there was a problem with the project. He believed that the people of the City want the project, embrace it, and reiterated that there were 13 public meetings on this issue. Council Member Nichols believed that only about 300 notices were sent out about some of the meetings when about 1,000 people live close to the beach. He stated that about 9 of the 17 homes on Breakers Drive have sent in letters. He believed that the beach needs sand replacement and improvements to the jetty, but it is a Coast Guard responsibility. Council Member Webb stated that he spent about an hour at the beach and believed that the plan works hard to reduce the linear feet of view blockage for the residents, noting that the none of the existing buildings block anyone's views. He stated that most of the Breakers Drive residents cannot see from the first floor anyway because there is a hedge. He noted that the proposed lifeguard facility is at the very west end of Breakers Drive and the total linear feet of building has been reduced to one restroom facility so they can still look in both directions. He stated that the raised lifeguard facility is 15 feet out of 1,400 feet, and does not seem like a significant view problem. He reported that more restroom facilities are being provided and believed that the women's restrooms could even be larger. He stated that the City has worked very hard and the project serves Corona del Mar, all of Newport Beach, all of California, and anyone else who wants to come to the facility. He added that the City is obligated to make it as usable as possible. He emphasized that the shade structures were torn down because chunks of concrete were falling off the roof and the same thing is happening in the restroom facility. Motion by Council Member Webb to 1) approve the conceptual site plan and draft facilities concept for replacement facilities at Corona del Mar State Beach and the parking lot improvements (add -on #1); 2) affirm the Categorical Exemption; and 3) direct staff to proceed with the full site plan and facilities concept by phasing the full project to reflect available funds and by seeking additional funding for its completion. Mayor Pro Tern Ridgeway emphasized that it is important to note that the California Department of Fish and Game, the California Volume 56 - Page 286 City of Newport Beach Regular Meeting July 8, 2003 INDEX Department of Parks and Recreation, and the California Coastal Commission will also have to approve this project. He stated that, while this is conceptual, this would ultimately move it forward towards working drawings and the actual construction and bid. He believed that there was more than adequate public outreach. He noted that he used to live in Corona del Mar and reminded everyone that Council's job is to provide balance. He stated that the beach is heavily used on the weekends and during public holidays, but pointed out that citizens have nine months of the year when the beach is almost exclusively theirs and is effectively theirs Monday through Friday. He reminded everyone that this is a State beach. He stated that adequate restrooms are needed and wished there could be more parking. He believed that this is a good plan, it is long overdue, and it is building for the future for the safety and general welfare of the visitors and neighborhoods. Council Member Adams believed that this is a beautiful project and will be a great enhancement; however, expressed concern about not having an area to change kids with some privacy. He asked why the changing rooms were eliminated. City Manager Bludau stated that staff did not want to come to Council and ask to add another 5,000 sq. ft. on the beach. He indicated that they heard that the greatest use was for restroom facilities but they can add anything Council wants. Ms. Jorgensen reported that the information they received was that the changing rooms were not used as they have been in years past. She added that it was determined to design the restrooms as stalls rather than the individual single -door restrooms found along the coast. She stated that some common areas will also be provided within the restrooms. Council Member Adams stated that it does not make sense to eliminate the changing rooms because the use has decreased. He suggested proportioning down the square footage and believed that going from having them to not having them is an extreme reaction. Ms. Jorgensen stated that, if it is the direction of the City to add limited square footage to accommodate dressing areas within the restroom, they can do that. Council Member Adams stated that he would like to see that, but it does not have to be a string of dressing rooms like in the past. Mayor Pro Tom Ridgeway believed that the Coastal Commission will design this in and agreed that it would be a benefit to have a changing area within the space allotted in the restrooms. Council Member Adams stated that, aside from that one criticism, the design is beautiful and the model speaks a thousand words. He added that the design has taken a lot of the nearby homes' impacts into consideration. Council Member Webb asked that skylights be considered in the restroom design and work on getting as much ventilation as possible. Council Member Nichols noted that most of the other beaches do not have picnic areas and believed they will be used to a high degree. Further, the beach is much smaller and less broad than most of the other beaches, and believed that this should predominately be a beach area. He stated that he likes the idea of a walkway where people can sit. He believed that limiting the green space and opening up more sand will allow the City to keep the fire rings since it is a requirement Volume 56 - Page 287 City of Newport Beach Regular Meeting July 8, 2003 Le of the Coastal Commission. He believed that the Corona del Mar State Beach could never be a significant green park and asked why the City is compromising and making it a partial park. He stated that the residents have asked that this be a beach and not a picnic area. Mayor Bromberg indicated that he talked to people there and stated that the grass area is more of a luxury. He stated that people appreciate the grass area because not everyone likes to get sand in their toes and in their food. He noted that this is about trying to accommodate as many people as possible who have different desires. Mayor Pro Tern Ridgeway noted that the peninsula does have grass areas at the beach. The motion carried by the following roll call vote Ayes: Heffernan, Ridgeway, Adams, Webb, Mayor Bromberg Noes: None Abstain: Nichols Absent: Proctor 13. FILLING OF TWO VACANCIES ON THE GENERAL PLAN ADVISORY COMMITTEE (GPAC). City Clerk Harkless read the votes, as followed: GPA Environmental Quality Representative Peter Oeth — Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Orshi McNaughton — Heffernan GPAC Waterfront Residential Impacts Representative Robert Webber — Heffernan, Ridgeway, Adams, Webb, Mayor Bromberg Mildred Litke - Nichols City Clerk Harkless announced that Peter Oeth was appointed as the GPAC Environmental Quality Representative and Robert Weber was appointed as the GPAC Waterfront Residential Impacts Representative. 14. IMPACT OF REDISTRICTING ON COUNCIL APPOINTMENTS. Council Member Adams stated that he asked for this report and that it summarizes the effects of redistricting on the Aviation Committee. He indicated that it appears that only two members are affected, one of which is in his district. He noted that Mike Bigi resigned from the committee and reported that this addresses his concern about being able to appoint someone from Santa Ana Heights. He stated that he does not have a problem with allowing the two people that are no longer in the appropriate districts to remain until their term ends. He indicated that no one from District 7 is on the committee. Mayor Volume 56 - Page 288 INDEX GPAC (24) Council Appointments (24) City of Newport Beach Regular Meeting July 8, 2003 Bromberg believed that Suzanne Casey and Judith Whitmore reside in District 7. City Clerk Harkless clarified that Ms. Whitmore is a specific designee. 15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DISAPPROVING COMMENTS MADE BY COUNCIL MEMBER RICHARD NICHOLS THAT STEREOTYPE OR EVIDENCE AN INTOLERANCE OF PEOPLE OF HISPANIC ORIGIN AND THAT INDICATE HE HAS FORMED A POSITION RELATIVE TO CERTAIN ASPECTS OF A CITY PROJECT BASED ON THE FACT THAT PEOPLE OF HISPANIC ORIGIN WOULD BE USING PUBLIC PROPERTY AND REQUESTING HIS RESIGNATION. Mayor Bromberg noted that there has been a great deal of press frenzy the last two weeks and this has been disturbing to Council and most of the residents of the City. He indicated that they have received comments via telephone, correspondence, and emails, and noted that there have been more comments coming in from outside the City. He stated that people in Newport Beach are good people. He clarified that the issue tonight is not solely about a comment about a grassy area at Corona del Mar State Beach, but is about a pattern of comments. He added that the public is not privy to all the information that was available to Council. He emphasized that this is not an issue of political correctness or of just one comment. He stated that everyone has the right to free speech, including Council; however, even greater than that, Council has a responsibility to the City. He added that they are doing what they feel is appropriate for the people of Newport Beach. He pointed out that the audience will not be able to talk about illegal immigration or emergency rooms tonight because, under the Brown Act, statements are to be limited to the agenda item. He stated that any other issue outside this agenda item should have been made during public comments. He indicated that he will have Council Member Adams make his comment and he asked the City Clerk to read the proposed, amended resolution in full. Council Member Adams stated that, at the June 24 Council meeting, this issue was discussed at the time in the meeting when Council is able to make comments. He indicated that he was the only Council Member who did not speak because he felt uncomfortable speaking without Council Member Nichols being present; however, he shares the sentiments of his colleagues. He stated that staff prepared a staff report tonight that includes a draft resolution but, after reading it, he was not comfortable with the resolution. He emphasized that this is not a matter of political correctness, but about inappropriately bringing the nationality of people into a policy decision where it does not belong. He stated that Council Member Nichols' comments were made during a discussion with a reporter about infrastructure policymaking, but it is an irrelevant issue and cannot be an issue. Council Member Adams stated that, after speaking with the City Attorney, he believed that Council should consider adopting a different resolution that focuses on this. He pointed out that every Council Member took an oath when Volume 56 - Page 289 INDEX Res 2003-34 Council Member Nichols Comments (33) City of Newport Beach Regular Meeting July 8, 2003 INDEX they took office which obligates them to perform their duties consistent with State and Federal Constitutions. He emphasized that they are obligated by law to make policy decisions without consideration of race, nationality, color, national origin, or ethnicity. He believed that Council Member Nichols' comments clearly indicate that this does not appear to be the way he goes about making policy decisions. He stated that, instead of suggesting that he resign, the amended resolution suggest that Council Member Nichols resign if he cannot abide by his legal obligation to perform his duties as a policy maker under the law. He noted that, if he can, then it is a decision Council Member Nichols has to make. Further, if he has been doing this, he owes an apology to the people of the City. He stated that, in a sense, this is what the draft resolution is and expressed hope that it will help narrow the discussion. He presented City Clerk Harkless with a copy of the amended resolution and she proceeded to read it. Mayor Bromberg reported that Council received a letter this evening from the Newport Beach Firefighters Association which states that they support the Mayor, Council, and the public in calling for the resignation of Council Member Nichols. He proceeded to read portions of the letter and reported that, during Council Member Nichols' campaign for Council, he made statements to the association that reflected his views on race which became one of the factors that went into their decision not to support his candidacy. Mayor Bromberg stated that the association contacted him, explained the many issues that were discussed, and told him a number of disturbing comments that Council Member Nichols said. He reported that Hoag Hospital has a diversion program so that, if they are full, they divert patients to other hospitals. He stated that the association told him that Council Member Nichols asked them why the paramedics take Newport Beach people to Western Medical Center in Santa Ana with a bunch of Mexicans when there is a perfectly good hospital here. Council Member Nichols stated that, for the record, he has never made a Council decision based on race, ethnicity, or religion. He indicated that having his previous words taken out of context is one thing, but his principals to make decisions on Council remain as they have been. Further, he will also not make any future decisions based on race, ethnicity, or religion. He stated that the original Daily Pilot article was a result of a private conversation between June Casagrande and himself about the proposed improvements at the Corona del Mar State Beach. He indicated that he spent nearly 30 minutes giving her details about the proposal, believing that the beach is small and being eroded, and they would like to see more sand added. He stated that he also talked with Ms. Casagrande about landscaping and the grassy areas between the parking lot and the beach, and that this transitional area is now primarily used for picnicking. He indicated that they have observed that, with grass, they usually get Mexicans who come down early in the morning to claim it as theirs and it becomes their personal, private grounds all day. He stated that this is a first - come -first -serve principal that is used for the fire rings and grassy area. He indicated that this quote was implied by Ms. Casagrande to mean that, "Dick Volume 56 - Page 290 City of Newport Beach Regular Meeting July 8, 2003 INDEX Nichols opposes adding more grassy areas to the beach because Mexicans dominate these areas." He stated that he did not say this, but this was a conclusion drawn by the reporter. Further, the title on the article was "Councilman opposes grass areas on beach — Corona del Mar's Dick Nichols says he doesn't want Mexicans using those areas all day." He stated that there was nothing said in his half hour conversation to imply these things. He indicated that they called Ms. Casagrande to ask that the article be retracted, but she said that she could not do that and she did not write the titles. He noted that, in asking for the retraction, they made some flippant remarks and asked that those be off the record. However, Ms. Casagrande said they were on the record because they were already recorded and could not be taken off. He believed that the implication was that others were listening and looking for anything that could be used against him. Council Member Nichols stated that he believes that Mayor Bromberg has contributed to this endeavor by trying to use anything he has said to imply that he is a racist. He added that he was threatened that, if he did not resign, the Mexican Nationalists would come to Corona del Mar and make him out to be a racist until he resigns. He said that, bringing in the Mexican Nationalists and their demand that Council support a California driver's license for illegal aliens, is not his idea of improving the community. He indicated that he does not have the letter from the Mexican Nationalist with him but he can produce it. He stated for the record that he has never made a Council decision based on race, ethnicity, or religion. Regarding his Hoag Hospital comment, Council Member Nichols stated that he suffered a leg infection three weeks ago and his doctor tried to get him into Hoag Hospital, but the closest she could get was a promise that he could sit in a bed in the hallway and be admitted within 24 hours. His doctor checked him into the overflow facility at Orange County Medical and stated that he received good treatment. He indicated that he was later told by staff that, if he mentioned he was a Council Member, he would have been able to get into Hoag Hospital. Council Member Nichols indicated that Mayor Bromberg said he had more data on things he has said, particularly with regard to the accident on Coast Highway. He believed that Mayor Bromberg does not have any data to show he said that all Mexicans perform the traffic scams. Mayor Bromberg indicated that, when he talked to Council Member Nichols when he was in the hospital, he asked him if he had a problem with Mexicans, to which he replied "no ". However, he stated that Council Member Nichols said that "it is the Mexicans that run the phony accident rings and rip off the white people in Corona del Mar ". Further, when questioned how he knew it was the Mexicans that do this, Council Member Nichols responded "who else would do it ". Mayor Bromberg stated that he does not have a reason to make any of this up. Council Member Nichols asked that Mayor Bromberg show him his statements in writing; however, Mayor Bromberg pointed out that it was said during a telephone conversation which he did not tape. Council Member Nichols believed that Mayor Bromberg has been trying to get him off Council for nearly a month. He further believed that the Volume 56 - Page 291 City of Newport Beach Regular Meeting July 8, 2003 INDEX newspapers said that Council bundled this one and so they would try. Mayor Bromberg asked Council Member Nichols if he felt there was a conspiracy between the newspapers, Council, and the Fire Department. Council Member Nichols believed he already answered the comments relative to Hoag Hospital. Mayor Bromberg pointed out that the comments he was referring to happened September 2002 when he was being interviewed. Council Member Nichols stated that the accident on Coast Highway was a standard scam and that he volunteered as a witness so the Corona del Mar residents that were driving the vehicle that hit the fellow would have someone they could turn to. He stated that no one has turned to the third party and believed this should be on the police report. He indicated that his only comment about the accident was that the driver was Hispanic. He added that Mayor Bromberg asked him if he knew that the driver was Mexican. He stated that the implication was there, but he did not know if he was a Mexican and believed he had to be a citizen since he had a driver's license. Council Member Nichols stated that his use of the word "Mexican" was not in any way deleterious or meaning to be deleterious to Mexican citizens. He indicated that he did not consider the people on their beach to be predominantly illegal aliens. Further, he did not consider that anyone would take the "Mexican" remark to mean illegal aliens, and added that he did not imply this. He stated that many of the reports have not said the actual meanings and, when asked about the words "Hispanic" versus "Latino" versus "Mexican ", most of the reporters informally agreed that "Mexican" is preferable. He indicated that he does not mean to harm anyone who is of Mexican origin and stated that they have every right to the beach as everyone else. He asked if anyone has found any indication that he is trying to prevent such people to get to or use the beach. He believed that this was brought up by the press, has been propagated by the press, and he is being asked to defend himself. Council Member Adams stated that he did not hear Council Member Nichols deny he made those comments in the Newport Beach Firefighters Association interview in 2002. He indicated that he was interviewed after Council Member Nichols and stated that, when he walked into the room, the people were in a state of shock and could not believe the words that came out of Council Member Nichols' mouth. Council Member Nichols believed that his comments to the association were that a person being transported by the paramedics often cannot go to Hoag Hospital. He noted that the association endorsed a slate of candidates consisting of Gary Adams, Tod Ridgeway, Don Webb, and Bernie Svalstad, donated money to these candidates, and the candidates were also a part of Team Newport. He stated that he was not on the slate and was told that the interview was a waste of time since their minds were already made up. Mayor Bromberg announced that he will be giving each speaker three minutes to provide testimony. Volume 56 - Page 292 City of Newport Beach Regular Meeting July 8, 2003 INDEX [Please note that names and organizations may be misspelled since not all speakers filled out yellow speaker cards] Tom Moulson, Corona del Mar, spoke in support of Council Member Nichols and believed that the victim is democracy. He asked that Council let Council Member Nichols continue his service. Efren Gomez spoke in support of Council Member Nichols because not all Hispanics think alike. He believed that Mexicans should be proud and not take it as an insult. Robert Gardner, Corona del Mar, spoke in support of Council Member Nichols and suggested that someone supervise the table in the lobby to monitor for racial documents. Eddie Rose, Laguna Niguel, stated that he was a former Council Member in Laguna Niguel and spoke in support of Council Member Nichols' right to free speech. Robert Novak stated that he owned Novak's Place in Corona del Mar, has dealt with Council Member Nichols for years, and spoke in opposition to Council Member Nichols. Margaret Mary Butts, South Laguna, stated that she previously lived in Newport Beach and expressed support for Council Member Nichols. Stephen Eichler, Anaheim Hills, stated that his wife is Hispanic. He expressed his opposition to the proposed resolution and stated that he is fighting the pollution of California by a mentality. Evelyn Miller, Irvine, stated that she provided Council with documentation regarding Federal and State grants to the Mexican National Brotherhood. Mayor Bromberg noted that her comments do not address the item on the agenda. Barbara Coe, Huntington Beach, represented the California Coalition for Immigration Reform and spoke in support of Council Member Nichols. She addressed concerns about his first amendment rights and noted that she provided Council with a tape and booklet. Patricia Bradley, Corona del Mar, spoke in support of Council Member Nichols and believed that the City should police the beach properly. She indicated that she would like to start a petition to form their own city and leave Newport Beach. Andrea Savopolos and Florencia Krochik, Corona del Mar High School students, stated that TAP (Tolerance Among People) is a student -run organization that promotes diversity appreciation and deters ignorance. They hoped that TAP's goal is shared by the people of Newport Beach. Lope Moreno, Santa Ana, stated that she enjoys the beaches and supports Council Member Nichols. She expressed concern for the Volume 56 - Page 293 City of Newport Beach Regular Meeting July 8, 2003 INDEX quality of life in California and Council Member Nichols' first amendment rights. Phil Crion, Costa Mesa, presented Council with a copy of a poll by the Orange County Register about Council Member Nichols, and spoke in support of him and his right to free speech. He believed that Council should demand that Washington close the borders and send all criminal aliens back to their country of origin. Guadalupe Vidales, Irvine, spoke on behalf of the Hispanic members of LULAC (League of United Latin American Citizens) and expressed their disapproval of Council Member Nichols' negative comments. Cecilia Goodman, Newport Beach, Regional Chair of the Anti - Deformation League of Orange County, stated that the only hopeful thing she has seen so far is the Corona del Mar High School students. She spoke in opposition to the comments made by Council Member Nichols, applauded the remainder of Council for condemning his words, and believed that Council is right for asking for his resignation. Todd MacAndrew, South Orange County, provided Council with a handout, spoke in support of Council Member Nichols' comments, believed that the Mexicans at the beach are criminals if they are illegal, and urged Council to ask the police to arrest and deport those that are in the country illegally. Eloise Art, Costa Mesa, stated that she previously lived in the City. She also discussed citizenship, referenced 8 U.S.C. §1324(a)(1)(A), and provided Council with a copy. Linn Aitken, Corona del Mar, suggested having the Immigration and Naturalization Services (INS) go to the beach one weekend and conduct a sweep to determine who is illegal or legal. Gary Borquez, Newport Beach, spoke in opposition to Council Member Nichols' comments and indicated that he wants everyone to feel comfortable in the City regardless of their race or if they live here. Cuauhtlicoyotl Madrigal read a poem which spoke in opposition to Council Member Nichols' comments. John Sinek, Costa Mesa, spoke in support of Council Member Nichols' comments and believed he was pointing out a problem. Zeke Hernandez, Santa Ana, District Director of LULAC, provided a copy of his statement, and spoke in support of Council's response and in opposition to Council Member Nichols' comments. He requested that the resolution be amended so that "people of Hispanic origin" be changed to "Mexicans" throughout the resolution. Dr. Howard Garber, Anaheim, noted that most individuals that come to the United States are happy to leave the country they were born in, Volume 56 - Page 294 City of Newport Beach Regular Meeting July 8, 2003 INDEX spoke in support of Council Member Nichols' right to free speech, and discussed terminology and sociological changes. Michelle Rafael, Anaheim, stated that she organized a picnic against racism on Saturday, July 12, and submitted the flyer. Avia Diaz, Huntington Beach, thanked Council for drafting the resolution and spoke about the consequences of Council Member Nichols' comments. Shirley Diaz, Huntington Beach /13 years old, believed that Mexicans should be allowed to sit on the grass since they cut it. She suggested making a policy that determines if everything a Council Member says is used in their decision making. Rigordio Daniel, Ontario, El Movimiento Estudiantil Chicano de Aslan, supported Council and the resignation of Council Member Nichols. He reminded everyone that Council Member Nichols has a history of making racial and biased comments. Johanna Riggals Segasser, Costa Mesa, spoke in opposition to Council Member Nichols' comments and believed that he should step down. Barbara Walters, Newport Beach, spoke in support of Council Member Nichols and noted unprofessional statements that other Council Members have made. Edward Kennedy Martin, Laguna Beach, spoke in support of Council Member Nichols and noted that he has known him for four years. He stated that they want legal immigration. Judy Lee and Jenny Lee, Corona del Mar, stated that she is a friend of Council Member Nichols and supports him. She believed that it hurts everyone when the focus is on ethnic differences and that this meeting is about political correctness. BJ Johnson, Corona del Mar, expressed concern about the effectiveness of Corona del Mar's representative, Council Member Nichols. Jess Gregg, Newport Coast, commended Council on how they discussed Council Member Nichols at the last meeting and expressed his support of Council. He noted that the community needs to heal and believed that the City is not a healthy place for someone like him to be; however, he is not leaving even though he feels uncomfortable being in the City. He suggested establishing a way to address the human relations problems. Monica Ayala Bartolic, Corona del Mar, stated that she lives a block from Council Member Nichols and he has always been nice to her and her family. She supported Council Member Nichols and explained that going to the beach is a part of her culture. Volume 56 - Page 295 City of Newport Beach Regular Meeting July 8, 2003 INDEX Cindy Borcoman, Newport Beach, talked about Mo Hammel and his accomplishments, and asked Council Member Nichols to step down because of the comments he made. Christine Brown, Newport Beach, expressed her shame for the comments made tonight and spoke in opposition to Council Member Nichols' comments. She noted that she is Mexican, a citizen, and not a criminal; she still has not heard an apology from Council Member Nichols; and will do what she can to ensure a recall if he does not resign on his own. Steve Debbie, Newport Beach, expressed his disappointment that Council Member Nichols is not alone tonight. He commended Council for doing what it is doing and condemned Council Member Nichols for hurting people with his comments, noting that his wife is Mexican - American. Council Member Nichols indicated that the statements about what he said are not true, he has not tried to restrict anyone from going to the beach, and has not caused any damage to anyone, regardless of ethnicity. He stated that he made a simple statement about who was at the beach and it was taken out of context by the press. He indicated that people will have to condemn him for what he said, not for other's innuendos. He asked that people review what he said. Lee Morris, Orange County, stated that these people have formed an opinion already because of the color of their skin and discussed other cultures. She stated that she supports Council Member Nichols. Terry Senco, Corona del Mar, stated that she regrets voting for Council Member Nichols and will work for his recall. She commended Council on the proposed resolution since this is not about a single comment taken out of context. Louise Greeley, Newport Beach, read from an article she presented to Council. She stated that Council Member Nichols' words might have sounded racist, but believed he said what others were thinking. She hoped that there is a way for the City to heal. Amin David, Anaheim, noted that Council Member Nichols is a public official and the rules of conduct are not the same. He asked that Council approve the resolution. Carol Glee, Glendale, stated that Glendale is another community that has been taken over by an ethnic group and believes that Council Member Nichols deserves an apology from everyone involved with the resolution. She spoke in support of Council Member Nichols' comments since he speaks the truth. Helen Karen, Corona del Mar, believed that Council Member Nichols is a victim of the Spanish people, was told that the Mexicans are planning to take back California, New Mexico, and Texas, and someone just Volume 56 - Page 296 City of Newport Beach Regular Meeting July S, 2003 INDEX invited her to get into their group. She discussed how the homeowners association has changed since she was on it 35 years ago. Craig McGowen, Newport Beach, expressed his appreciation for Council's integrity and stated that he is embarrassed to have Council Member Nichols on the City Council because of his many comments. He believed that all of Council Member Nichols' comment were not taken out of context. Jim Hildreth, Newport Beach, stated that Council Member Nichols is human, everyone makes mistakes, and expressed his support. He suggested to Council Member Nichols that he not talk to the media, especially to someone that has a Mexican/Hispanic name. Further, if he is told what is going on in the neighborhood, think twice before using their exact words. Madelene Arakelian, Newport Beach, stated that she ran for City Council with Council Member Nichols and spoke in support of him. She believed that recalling him would be wrong, his resignation will not correct anything, and asked that people forgive him. Brian Clarkson, Newport Beach, agreed with Council Member Nichols' comments, believed that some Council Members have made hypocritical statements in recent weeks, and reviewed the 2000 census. Marianne McDaniel, Newport Beach, asked Council Member Nichols to resign since he took the oath of office as a public trust. She noted that maybe a few comments could have been taken out of context, but Council Member Nichols also accused a Planning Commissioner of taking a bribe. Mayor Bromberg reported that more than half of the people who spoke do not live in the City and most of them supported Council Member Nichols. He reiterated that the issue is not just one comment, but a pattern of racially inappropriate comments. He noted that Council Member Nichols admits to some of the comments and that his response is that there is a conspiracy between Council, the newspaper, and the firefighters. Council Member Nichols stated that he is not a racist. He reported that he has worked with and supervised Mexicans in Guadalajara, Mexico, and believed that he has worked with more Mexican people than all of Council put together. Further, he serviced a plant in Los Angeles that hires many people of Mexican heritage and has not had any problems in the 24+ years he has serviced the plant. He reported that his company installs pollution equipment across the United States, Mexico, and Europe, and has worked with all nationalities. Further, he has contributed and supported conservative Black and Mexican candidates for various offices. He believed that he cannot be labeled a Mexican - hater because the evidence does not support this. Volume 56 - Page 297 City of Newport Beach Regular Meeting July 8, 2003 INDEX Mayor Pro Tem Ridgeway stated that he is disgraced and ashamed about what he heard tonight. He agreed that everyone has a right to freedom of speech, but he does not agree with the anger and hatred. He stated that Council Member Nichols has been defended on speaking the truth, but based on the pattern of comments Council Member Nichols has made and the bias and prejudice he has shown, he only needs to take the truth one extra step and admit to his prejudice and intolerance. He believed that Council Member Nichols is not a truthful man. He noted that one of Council Member Nichols' supporters said that focusing on ethnic differences does not make us Americans; however, Council Member Nichols' and her comments were focused on ethnic differences. Mayor Pro Tom Ridgeway stated that some citizens spoke with forgiving and kind hearts, and noted that everyone was touched by the two high school students. He encouraged Newport Beach citizens to look into TAP or read about tolerance because the anger and hatred is nothing he can cure with any comment he makes tonight. He read a letter from Frances Munoz, a Corona del Mar resident. He believed that a majority of the citizens were not represented by the citizens who spoke tonight and emphasized that it is illegal to discriminate based on race or ethnic background. He stated that, if Council Member Nichols is using that to vote, he should disqualify himself. Mayor Pro Tern Ridgeway pointed out that the proposed resolution has been amended to basically state that, if Council Member Nichols does not use bias or prejudice in the future, Council will not ask for his resignation. He added that it also establishes a pattern of prejudice. He believed that it is an appropriate resolution. Motion by Mayor Pro Tom Ridgeway to adopt Resolution No. 2003- 34, as amended. Council Member Heffernan stated that he will be voting against the motion because he does not think it is appropriate. He indicated that whatever Council Member Nichols thinks and says is up to him, but it does affect his ability in office. He stated that it is not his role to judge Council Member Nichols, but pointed out that the net result of this is that he is ineffective and District 6 does not have a representative on Council until something changes. He indicated that he cannot ask Council Member Nichols to resign because it is his choice, but if the voters want to recall him that is a voter issue. He believed that the City needs to put this behind them or Council may have the same show every night. He stated that he has heard the blatant, racial hatred in this town. He indicated that he was a Santa Ana boy, went to Mater Dei, and his kids go to Mater Dei. He stated that Newport Beach has the beach, people need to get used to other nationalities, and the City's facilities cannot support the number of people that will be using them. He pointed out that this is not an immigration policy and Council does not run foreign affairs, but only has a civic purpose. He stated that Council Member Nichols can voice his opinions but, as a political consequence, he does not have a say on Council. He indicated that it is not his call to make a judgment on Council Member Nichols or what he said, since it is beyond his role as the Councilman from District 7. Volume 56 - Page 298 City of Newport Beach Regular Meeting July S, 2003 INDEX Council Member Adams stated that he agrees with Council Member Heffernan. However, he indicated that he feels that Council Member Nichols should resign because this is just one item in a long list of foolish statements and positions since he has been on Council. He believed that the notion that Council is out to get Council Member Nichols and this is a rubberstamp Council is ridiculous. He stated that Council has good debate on every issue. He indicated that he has also received correspondence and email that this is an anti - Greenlight issue; however, he noted that Council Member Heffernan was endorsed by Greenlight and believed that he is a great Councilman, pulls his weight, provides outstanding contributions to every debate, and is a good thinker. Council Member Adams believed that Council Member Nichols does not get it and does not understand the City's zoning laws. Further, Council Member Nichols has recommended tearing down the Port Theater, recommended building baseball diamonds in an environmental preserve, opposed the Corona del Mar State Beach improvements, and opposed a little restaurant modification in Corona del Mar because it was going to create traffic, just to name a few. He stated that Council Member Nichols has a right to express his opinions, no one ever said that Council is trying to suppress his speech, and he is entitled to his position. He indicated that he gave Council Member Nichols the benefit of the doubt when he got on Council even after hearing rumors during the election. He reported that Council has no ability to effect Council Member Nichols' resignation and agreed with Council Member Heffernan. He stated that, even though the resolution is something he can now support, it is generally pointless because Council Member Nichols is not going to apologize and seemed to take pride in the whole thing when he was speaking on the radio, despite what he is saying tonight. On behalf of Council, Council Member Adams apologized to the people Council Member Nichols offended. He stated that he is willing to drop the subject now. Mayor Bromberg believed that the people who are screaming for free speech are shooting down what other people are saying. He stated that, if this was only about the comment about the grassy area at the beach, he indicated that maybe Council could forget it, but there is a pattern of racial comments. He indicated that he does not think that the resolution is pointless, but would send a message to Council Member Nichols and the public that this type of conduct won't be tolerated when you're a public official. He agreed that everyone has the right to free speech and not everyone has to agree; however, when you're a public official representing a city like Newport Beach, you have a certain responsibility that goes along with the right of free speech. He believed that Council Member Nichols breached that responsibility and Council now has the responsibility to do the right thing. The motion carried by the following roll call vote: Ayes: Ridgeway, Adams, Webb, Mayor Bromberg Noes: Heffernan, Nichols Abstain: None Absent: Proctor Volume 56 - Page 299 City of Newport Beach Regular Meeting July 8, 2003 Mayor Bromberg reported that there is a Council policy in which the City Council cannot take up any new agenda item after 11:00 p.m. unless Council decides otherwise. Council Member Adams believed that Item 16 should be dropped; however, it was the consensus of Council to go forward with Item 16. 16. REPORT ON COUNCIL MEMBER NICHOLS' COMMITTEE ASSIGNMENTS. City Clerk Harkless indicated that the staff report lists Council Member Proctor as the alternate to the Santa Ana Flood Protection Agency, but it should actually be Council Member Nichols. City Attorney Burnham reported that, per Council policy, the Mayor has the authority to make appointments to certain committees, and those appointments are confirmed by a vote of Council. Mayor Bromberg stated that his options are to do nothing, take Council Member Nichols off the committees that deal with the public outside of the City, or since the people put him in office they should be the ones to take him out, unless Council Member Nichols' conduct is so incredibly egregious. Mayor Bromberg indicated that he did not know what he was going to do tonight and wanted to hear Council Member Nichols speak, not the audience. He noted that he predicted that a majority of the audience was going to come from outside the City; however, the majority of Newport Beach residents that spoke were offended by Council Member Nichols' comments. He stated that Council Member Nichols believes what he is saying. Mayor Bromberg stated that, since the people voted him in office, they can take him out if they want him out. He indicated that he is going to leave him on the committees. Mayor Pro Tern Ridgeway stated that he supports leaving Council Member Nichols on the committees. He indicated that the first thing you have to look at is whether prejudice or bias would affect his ability to vote objectively. He stated that, in looking at the committees, his prejudice would not affect his ability on any of the committees. Q. MOTION FOR RECONSIDERATION — None. R. ADJOURNMENT — at 12:35 a.m. on Wednesday, July 9, 2003, for all the individuals and groups, no matter their ethnicity, that have been disparaged. Volume 56 - Page 300 INDEX Council Member Nichols Committee Assignments (24/33) City of Newport Beach Regular Meeting July 8, 2003 txx:r:r x * + *t xx:r:r * * *tx The agenda for the Regular Meeting was posted on July 2, 2003, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Volume 56 - Page 301 INDEX