HomeMy WebLinkAbout10/23/2001 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
October 23, 2001 - 7:00 p.m.
STUDY SESSION - 4:00 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, Ridgeway, Glover, Bromberg, Proctor,
Mayor Adams
Absent: None
C. CLOSED SESSION REPORT - City Manager Bludau announced that
City Council received a report from the Police Chief during Closed Ses
regarding the security measures that are being taken for the protection of
facilities.
D. PLEDGE OF ALLEGIANCE - Council Member Heffernan.
E. INVOCATION - Reverend Richard Menees, St. James Episcopal
Church.
F. PRESENTATION
Board of Library Trustees Presentation of On -Line System by Board
of Library Trustees Chairman Patrick Bartolic and City Librarian
LaDonna Kienitz. Using an overhead projection, Chairman Bartolic
displayed the new on -line system and announced that the internet address is
httn : / /www.newnortbeachlibrary.ora. He went through the various selections
from the main page, which included Knowledge, Hot Topics, Cool Stuff, Top
Picks and About Us. He stated that the Knowledge section provides
references, resources and catalog databases. The Hot Topics section shows the
viewer what events are happening at the library, and Cool Stuff is the section
for kids and teens. Chairman Bartolic also displayed the Top Picks section,
which included recommended reading and lists of authors. Lastly, he showed
the About Us section, which provided general information and the ability to
e -mail information and photos to others. Chairman Bartolic stated that the
new system is a comprehensive resource available to the community, simple to
use and includes many capabilities.
G. NOTICE TO THE PUBLIC
H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR
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Library On -Line
System
(50)
City of Newport Beach
City Council Minutes
October 23, 2001
INDEX
• Council Member Proctor announced that he recently attended a
performance at the Newport Theater Arts Center. He stated that the
theater is a wonderful and impressive asset to the community.
• Council Member Glover stated that she has been working with
General Services Director Niederhaus concerning some of the City's
trees in the older urban forests. She requested that the Study Session
of November 27, 2001, include a review of the policy regarding the
number of times that ficus trees are cut.
• Mayor Pro Tern Ridgeway announced that the County approved EIR
573 by a vote of 3 -2, earlier in the day. He stated that this is the last
planning document for approval of an airport at El Toro.
• Mayor Pro Tern Ridgeway announced that he also was invited to
attend a recent performance at the Newport Theater Arts Center. He
stated that the theater and the play were both wonderful.
Mayor Pro Tem Ridgeway announced that a blessing and dedication of
the new sanctuary at St. James Episcopal Church will be taking place
on Sunday, November 4, 2001, at 5:00 p.m.
• Council Member Heffernan requested a report from staff on the
variances and modifications that require staff approval, versus those
that are required to go to the Planning Commission.
• Mayor Adams announced that on October 12, 2001, Governor Davis
signed SB 124 (Johnson). He stated that this allows the City to save
15 acres of vacant land at the northwest corner of Superior Avenue
and Coast Highway, known as Sunset Ridge or Caltrans West. He
noted that this remarkable success ends a ten -year battle with
Caltrans over the price of the property and will save the City over $4
million. He explained that Caltrans insisted on a market value of the
site as if it were to be developed for homes, while the City believed
that the value should be based on a park use. Mayor Adams stated
that SB 124 was not an easy Bill to get passed, noting that the Bill
was opposed by Caltrans, the California Transportation Commission
and the State Department of Finance. Mayor Adams announced that
a park victory celebration would be taking place in the next couple of
weeks. He publicly thanked the many people involved with getting
the Bill passed, which included Senator Ross Johnson, Assembly
Member John Campbell, Governor Davis, Marian Bergeson, Garry
Brown of Orange County CoastKeeper, Paul Morabito of the State
Coastal Conservancy, Joan Irvine Smith, Huntington Beach Council
Member Shirley Dettloff, Bob Caustin with Defend the Bay, Mike
Schlessinger and Phil Bettencourt of Taylor Woodrow, Tim Paone of
The Irvine Company and Council Member Proctor. Mayor Adams also
thanked those that were behind the park concept from the beginning.
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City Council Minutes
October 23, 2001
INDEX
I. CONSENT CALENDAR
READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. Item removed from the Consent Calendar by a member of the
audience.
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. Item removed from the Consent Calendar by Council Member
Heffernan.
RESOLUTIONS FOR ADOPTION
4. Item removed from the Consent Calendar by Council Member
Heffernan.
5. REVISION OF TWO -HOUR PARKING LIMIT ON A PORTION
Res 2001 -88
OF ST. JAMES ROAD (CLIFF HAVEN). 1) Adopt Resolution
Ord 2001 -21
No. 2001 -88 limiting the parking of vehicles on certain streets and
Parking Limit/
rescinding Resolution No. 97 -84; and 2) introduce Ordinance
Cliff Haven
No. 2001 -21 revising Preferential Parking Zone "2" — Newport Heights
(85)
and Cliff Haven and rescinding Ordinance No. 97 -28, and pass to
second reading on November 13, 2001.
6. Item removed from the Consent Calendar by a member of the
audience.
7. APPROVE AND AUTHORIZE CONTINUATION IN THE
Res 2001 -90
ORANGE COUNTY SERVICE AUTHORITY FOR ABANDONED
Abandoned
VEHICLE PROGRAM. Adopt Resolution No. 2001 -90 authorizing
Vehicle Program
the participation and continuation in the Orange County Service
(70)
Authority for Abandoned Vehicle Program (SAAV).
CONTRACTS AND AGREEMENTS
8. RENEWAL OF CITY /COUNTY COST SHARING AGREEMENT:
C -2539
HARBOR DEBRIS REMOVAL. Authorize the Mayor's execution of
Harbor Debris
an agreement with the County of Orange to share expenses for debris
Removal
removal in Newport Harbor.
(38)
9. WASHINGTON STREET AND BALBOA PIER RESTROOM
C -3367
REPLACEMENT — AWARD OF CONTRACT (C- 3367). 1) Approve
BA -016
the plans and specifications; 2) award the contract (C -3367) to Klassic,
Washington
Inc. for the total bid price of $531,300 and authorize the Mayor and
Street & Balboa
the City Clerk to execute the contract; 3) establish an amount of
Pier Restroom
$31,700 to cover the cost of testing and unforeseen work; and
Replacement
4) approve a budget amendment (BA -016) transferring $50,000 from
(38/40)
Account No. 7011- C5100548 to Account No. 7011- C5100632 and
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City Council Minutes
October 23, 2001
INDEX
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transferring $30,000 from Account No. 7231- C2320622 to Account
No. 7231- C5100567.
10.
AMENDMENT NO. 4 TO ORANGE COUNTY
C -3051
TRANSPORTATION AUTHORITY (OCTA) MASTER FUNDING
OCTA Master
AGREEMENT. Approve Amendment No. 4 to Cooperative
Funding
Agreement No. C -95 -985 between the OCTA and the City of Newport
Agreement
Beach.
(38)
11.
APPROVAL OF AGREEMENT BETWEEN THE CITY AND THE
C -3486
NEWPORT HOMEOWNERS ASSOCIATION FOR LANDSCAPE
Newport
MAINTENANCE OF STREET MEDIAN IMPROVEMENTS.
Homeowners
1) Approve an agreement with the Newport Homeowners Association
Association
for maintenance of street median improvements on the median in La
Landscape
Vida between University Drive and La Salud; 2) authorize the City
Maintenance
Manager to execute the agreement; and 3) authorize and direct the
(38)
City Clerk to have the agreement recorded with the Orange County
Recorder.
Mayor Adams abstained from voting on this item.
12.
CORPORATION YARD BUILDING "O" (C -3376) —
C -3376
COMPLETION AND ACCEPTANCE. 1) Accept the work;
Corporation
2) authorize the City Clerk to file a Notice of Completion; 3) authorize
Yard
the City Clerk to release the Labor and Materials bond 35 days after
Building "O"
the Notice of Completion has been recorded in accordance with
(38)
applicable portions of the Civil Code; and 4) release the Faithful
Performance Bond one (1) year after Council acceptance.
13.
MEMORANDUM OF UNDERSTANDING WITH ASSOCIATION
C -2058
OF NEWPORT BEACH OCEAN LIFEGUARDS. Approve and
Newport Beach
authorize the Mayor to execute the Memorandum of Understanding
Ocean Lifeguards
with the Association of Newport Beach Ocean Lifeguards.
MOU (38)
14.
AGREEMENT WITH COUNTY OF ORANGE FOR COMMUNITY
C -3487
WATCH VOLUNTEER PROGRAM COORDINATOR.
BA -015
1) Authorize the Mayor to execute the agreement between the City
Community Watch
and the County of Orange; 2) approve a budget amendment (BA -015)
Volunteer
in the amount of $25,276 to Account No. 2371 -7030 (Temporary
Program
Salaries) and increase revenue estimates by $18,333 (grant funds from
Coordinator
the State of California Coastal Resources Agency) with the remaining
(38/40)
$6,943 coming from the Tidelands Fund unappropriated reserve.
15.
REFUSE TRANSFER STATION SCALE SYSTEM — AWARD OF
C -3488
CONTRACT. Award contract to Advanced On -Board Scales for the
Refuse Transfer
total bid price of $57,986 and authorize the City Manager to execute
Station
the contract.
(38)
16.
BALBOA LIBRARY ELECTRICAL MODIFICATIONS AND AIR
C -3337
CONDITIONING — AWARD OF CONTRACT (C- 3337). 1) Approve
BA -017
the plans and specifications; 2) award the contract (C -3337) to Abeam
Balboa Library
Construction, Inc. for the total bid price of $106,500 and authorize the
Electrical
Mayor and the City Clerk to execute the contract; 3) establish an
Modifications &
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City of Newport Beach
City Council Minutes
October 23, 2001
amount of $10,000 to cover the cost of unforeseen work; and 4) approve
a budget amendment (BA -017) transferring $16,500 from Account
No. 4010 -9000 to Account No. 7011- C4120613.
17. Item removed from the Consent Calendar by a member of the
audience.
18. EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE II
- AWARD OF CONTRACT (C- 3334). 1) Approve the plans and
specifications; 2) award the contract (C -3334) to 4 -Con Engineering,
Inc. for the total bid price of $113,015 and authorize the Mayor and
the City Clerk to execute the contract; 3) establish an amount of
$11,000 to cover the cost of unforeseen work; and 4) approve a budget
amendment (BA -013) transferring $20,000 from Account No. 7015 -
C2310629 to Account No. 7015- C3130554 and transferring $19,070
from Account No. 7181- C5100399 to Account No. 7181- C3130554.
19. REVIEW AND APPROVAL OF ONE -YEAR CONTRACT WITH
LDM ASSOCIATES FOR ADMINISTRATION OF THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FOR FY 2001 -2002. Approve the proposed contract with LDM
Associates for administration of the Community Development Block
Grant program for FY 2001 -2002.
MISCELLANEOUS ACTIONS
20. Item removed from the Consent Calendar by Council Member
Heffernan.
21. Item removed from the Consent Calendar by Council Member
Heffernan.
22. REQUEST TO INITIATE A GENERAL PLAN AMENDMENT
AND LOCAL COASTAL PLAN AMENDMENT TO CHANGE THE
DESIGNATION OF 205 ORANGE STREET FROM RETAIL,
SERVICE & COMMERCIAL TO TWO FAMILY RESIDENTIAL -
SUTHERLAND RESIDENCE (PA2001 -186) - 205 ORANGE
STREET. Approve General Plan Initiation No. 2001 -002.
S24. Item removed from the Consent Calendar by a member of the
audience.
S25. Item removed from the Consent Calendar by a member of the
audience.
S26. Item removed from the Consent Calendar by a member of the
audience.
Motion by Mayor Pro Tem Ridgeway to approve the Consent Calendar,
except for those items removed (1, 3, 4, 6, 17, 20, 21, S24, S25 and S26), and
noting Mayor Adams' abstention on Item No. 11.
The motion carried by the following roll call vote:
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INDEX
Air Conditioning
(38/40)
C -3334
BA -013
Eastbluff
Park Walkway
Reconstruction
Phase II
(38/40)
C -3489
CDBG 2001 -2002
Administration
(38)
GPI 2001 -002
PA 2001 -186
205 Orange St.
(45)
City of Newport Beach
City Council Minutes
October 23, 2001
Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor
Adams
Noes: None
Abstain: None
Absent: None
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF OCTOBER 9, 2001.
Jim Hildreth, 120 The Grand Canal, referring to Page 508 of the
October 9, 2001, regular meeting minutes, stated that comments made
by Council Member Glover were not included in the minutes.
Additionally, he stated that letters he presented at the meetings of
August 14, 2001, and October 9, 2001, weren't mentioned in the
minutes as being entered into record. He then presented the letters
for public record.
Motion by Mayor Pro Tem Ridgeway 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, Ridgeway, Glover, Bromberg, Proctor,
Mayor Adams
Noes: None
Abstain: None
Absent: None
3. AMENDMENT TO THE NBMC TO ADOPT SECTION 15.02.035
TO AMEND SECTION 303.1 OF THE UNIFORM
ADMINISTRATIVE CODE "PERMIT ISSUANCE ".
4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION
FRANCHISES TO C & N WASTE SERVICES.
Council Member Heffernan stated that both items involve the State -
mandated recovery of waste material, and asked what change was
being enacted in the proposed policy regarding the issuance of
demolition permits. City Manager Bludau stated that the new policy
ensures that the company that will be removing the demolition
material is on the City's list of franchised solid waste haulers. City
Manager Bludau stated that there are eighteen haulers on the City's
list.
Additionally, Council Member Heffernan confirmed with City
Manager Bludau that Item No. 4 is also attempting to increase the
City's recycling rate.
Motion by Council Member Glover to introduce Ordinance
No. 2001 -19 to add Section 15.020.035 to the NBMC to require
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INDEX
Ord 2001 -19
NBMC 15.02.035
Demo Permit (26)
Res 2001 -87
Ord 2001 -20
Solid Waste
Franchise/
C & N Waste
Services
(42)
City of Newport Beach
City Council Minutes
October 23, 2001
General Services Department approval of demolition permits for
complete demolition of structures, and pass to second reading and
adoption on November 13, 2001; and to adopt Resolution of Intention
No. 2001 -87 to award a Non - exclusive Solid Waste Franchise to C & N
Waste Services, and schedule a public hearing on November 13, 2001;
and introduce Ordinance No. 2001 -20 granting a Non - exclusive Solid
Waste Franchise to C & N Waste Services and pass to second reading
on November 13, 2001.
Nancy Akakelian, C & N Waste Services, stated that she is looking
forward to working with the City of Newport Beach and complying
with AB 939.
Jim Hildreth, 120 The Grand Canal, stated that he hopes that by
privatizing trash collection, less trash will be left on the ground after it
has been hauled away.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor,
Mayor Adams
Noes: None
Abstain: None
Absent: None
6. BALBOA YACHT BASIN RENTAL ADJUSTMENTS.
Jim Hildreth, 120 The Grand Canal, stated that in Resolution
No. 2000 -77, there is no information given regarding boats between 35
and 40 feet in length. He added that there is also a discrepancy in the
proposed rate scale, and additionally noted that the number of garages
differs from the information given in Item No. 17, Balboa Yacht Basin
Office Remodel. Mr. Hildreth stated that the Balboa Yacht Basin is
now housing Harbor Resources and asked if the increase in rates was
to cover the move and the remodel of the Newport Pier. He asked for a
justification of the rate increases and stated that the garages that are
being removed could have provided additional revenue. He asked if
Harbor Resources would be moving back to the pier area, once the
remodel is completed.
Motion by Council Member Brombere to adopt Resolution
No. 2001 -89 rescinding Resolution No. 2000 -77 and adjusting the slip,
apartment, and garage rental rates at the Balboa Yacht Basin.
Tim Heaslet, Balboa Yacht Basin slip renter, asked the City Council to
vote against the resolution. He stated that the current recession is
going to continue, that he is on a budget and is almost being priced out
of Newport Beach. He stated that the Balboa Yacht Basin doesn't
offer a lot of amenities, which provides an alternate for the slip renter
on a budget. He urged the City Council to postpone their decision
until the economic recovery is on its way.
Council Member Glover recalled the decision to have the City
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INDEX
Res 2001.89
Balboa Yacht
Basin Fees
(40/51)
City of Newport Beach
City Council Minutes
October 23, 2001
maintain the operation of the Balboa Yacht Basin. She stated that, at
that time, the City informed the slip renters that there would be an
increase in fees if the City were to continue operation of the basin.
She recalled that the slip renters were agreeable to an increase if it
meant keeping the operation under the City's control.
The motion carried by the following roll call vote
Ayes: O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams
Noes: None
Abstain: Heffernan
Absent: None
Mayor Adams stated that the rates at the Balboa Yacht Basin are still
below the average in the Newport Harbor area. City Attorney
Burnham added that the City is required to charge comparable rates.
17. BALBOA YACHT BASIN OFFICE REMODEL (C -3391) —
COMPLETION AND ACCEPTANCE.
Jim Hildreth, 120 The Grand Canal, asked if the Balboa Yacht Basin
was going to be temporary housing facility for Harbor Resources and if
they would be moving back to the Newport Pier. He additionally
asked about the location of the items that were moved out of their
prior facility. He requested that more information be provided about
the Tidelands Fund.
Motion by Council Member O'Neil to accept the work; authorize
the City Clerk to file a Notice of Completion; 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 release the Faithful Performance Bond one (1)
year after Council acceptance.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor,
Mayor Adams
Noes: None
Abstain: None
Absent: None
20. APPOINTMENT TO THE HARBOR COMMITTEE, A CITIZEN'S
ADVISORY AD HOC COMMITTEE.
Council Member Heffernan asked how long the Harbor Committee
would remain in effect and if membership criteria would be
established at a future date for the Harbor Commission.
Mayor Pro Tem Ridgeway stated that the issues were discussed
extensively at the City Council meeting of October 9, 2001. He
suggested that Council Member Heffernan review the minutes of that
meeting. City Manager Bludau added that staff is planning to bring
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INDEX
C -3391
Balboa Yacht
Basin Office
Remodel
(38)
Harbor Committee
(24)
City of Newport Beach
City Council Minutes
October 23, 2001
INDEX
the issue of the Harbor Commission to the City Council at a meeting in
either December or January.
Motion by Council Member Glover to confirm the Mayor's
nomination of Richard Stevens to the Ad Hoc Harbor Committee.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor,
Mayor Adams
Noes: None
Abstain: None
Absent: None
21. BUDGET AMENDMENT TO TRANSFER $50,000 FROM
BA -014
LIBRARY DSLS LIABILITY ACCOUNT 800 -22481 AND
Distinguished
APPROPRIATE TO EXPENDITURE ACCOUNTS TO ENABLE
Speaker
THE IMPLEMENTATION OF THE 5TH ANNUAL MARTIN W.
Lecture Series
WITTE DISTINGUISHED SPEAKER LECTURE SERIES.
(40/50)
Council Member Heffernan asked for additional information on what
the $43,000 honorarium component would be used for. City Librarian
Kienitz stated that the entire budget for the Distinguished Speaker
Lecture Series (DSLS) is approximately $90,000 to $95,000, and it is
anticipated that the honorariums will cost between $10,000 and
$12,500 per speaker. Council Member Heffernan asked for the history
of where the money comes from for the DSLS. City Librarian Kienitz
stated that the budget amendment on the agenda is a housekeeping
item for the Administrative Services Department, putting the money
into a liability account and providing the City Council with a more
comprehensive report. Council Member Heffernan pointed out that
the money for the DSLS is received through donations.
Motion by Mayor Pro Tern Ridgeway to approve BA -014.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor,
Mayor Adams
Noes: None
Abstain: None
Absent: None
524. COUNCIL APPROVAL OF CONTRACT WITH THE CORDIA
C- 3482 -A
COMPANIES FOR LEGISLATION ADVOCACY IN
BA -018
WASHINGTON, D.C.
Legislation
Advocacy/
Russell Niewiarowski, stated that he did not see the staff report for
JWA Settlement
the item and asked if it was related to Item Nos. S25 and 526.
Agreement
(38/40)
Mayor Adams stated that they are three separate agenda items.
Motion by Council Member Bromberg to hire the firm of The
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City of Newport Beach
City Council Minutes
October 23, 2001
Cordia Companies, located in Washington, D.C., for the amount of
$10,000 per month through March 2002, at which time the contract
would be month to month, with a 30 -day written termination
provisions and authorize the City Manager to sign the contract; and
approve a budget amendment (BA -018) to appropriate $55,000
(October at $5,000 and November -March at $10,000) from
unappropriated revenue and place in Account 0100 - 0121 -8080.
Laura Dietz, 325 Cameo Shores Road, stated that Mr. Cordia seems to
have an impressive background, but that it doesn't specifically include
airport - related issues. She asked if the action before the City Council
was all that was needed, or if additional action would be taken at a
later date.
Mayor Adams stated that follow -up action would not be needed.
Mayor Pro Tern Ridgeway stated that The Cordia Companies are very
qualified.
Ms. Dietz stated that she is only looking to have the best possible
people in Washington, D.C. working for the City and its efforts to get
an airport at El Toro. She stated that it would be nice if Mr. Cordia
could meet with the Environmental Quality Affairs Committee.
The motion carried by the following roll call vote
Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor,
Mayor Adams
Noes: None
Abstain: None
Absent: None
525. AIRPORT WORKING GROUP (AWG) GRANT.
Russell Niewiarowski pointed out that representatives were not
present at the current meeting from either the Airport Working Group
(AWG) or Citizens for Jobs and the Economy (CJ &E).
Mr. Niewiarowski asked that the funding to AWG be denied, because
he felt that they weren't responsible stewards and have failed in
regard to the airport issues. He added that the results of an El Toro
study have not been released and that AWG doesn't listen to those
that do not share their viewpoints.
Mayor Adams stated that the item before the City Council at the
current meeting was not to provide additional funding to AWG, but to
allow billing on an as- needed basis.
Mr. Niewiaroswski concluded by suggesting that all funds be
withdrawn, so that no billing would be needed.
Motion by Mayor Pro Tem Ridgeway to authorize the Mayor to
execute an amendment to the AWG grant that would authorize the
City Manager to make payments to the full extent of the grant
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INDEX
C -3425
AWG Grant
(38)
City of Newport Beach
City Council Minutes
October 23, 2001
whenever invoices for work are submitted.
The motion carried by the following roll call vote
Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor,
Mayor Adams
Noes: None
Abstain: None
Absent: None
526. COUNCIL GRANT TO CITIZENS FOR JOBS AND THE
ECONOMY (CJ &E) FOR LEGISLATIVE ADVOCACY
REGARDING COUNTY AIR TRANSPORTATION ISSUES.
Russell Niewiarowski stated that Citizens for Jobs and the Economy
(CJ &E) gets plenty of money on its own and that he didn't understand
why a grant would be provided when the Environmental Impact
Report (EIR) for El Toro airport has already been certified. He asked
how the money would be spent and why the City would even have
such money available. Mr. Niewiarowski noted that the City has said
it is not in the airport planning business, but yet it is supplying money
to an organization that is supporting a certain airport plan. He asked
how CJ &E could achieve its goals and fulfill City policy, without doing
the lobbying that isn't allowed.
Mayor Adams noted that the City Council has never taken a position
on the V -plan for the El Toro airport.
Motion by Council Member Glover to provide a grant to CJ &E for
legislative advocacy services regarding Orange County air
transportation issues.
Council Member Heffernan asked if the grant agreement allows the
City to stop paying installments if it decides to do so. City Attorney
Burnham confirmed that this would be possible.
The motion carried by the following roll call vote
Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor,
Mayor Adams
Noes: None
Abstain: None
Absent: None
K. PUBLIC COMMENTS
Ron Baers, 1911 E. Balboa Blvd., Balboa Performing Arts Theater
Foundation Board Member, stated that he was also the director of the
3�d Annual Run for the Arts, which benefits the revitalization of
Balboa Village and the theater. Mr. Baers stated that the race was a
success this year. He presented a recognition award to the City
expressing the theater's appreciation for its sponsorship.
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INDEX
C -3490
County Air
Transportation
Issues
(38)
City of Newport Beach
City Council Minutes
October 23, 2001
Jim Hildreth, 120 The Grand Canal, submitted a letter, dated
October 23, 2001, for public record and began reading from the letter
by stating that he, "expressed his gratitude to the residents of
Newport Beach for their knowledge of the history of Newport Harbor,
and for their help in sharing the following facts with me ".
Mr. Hildreth stated that, "it bothers me that you as council members,
five of which are lawyers, are allowing this to continue and not
allowing the rights of an individual. I'm asking for documentation.
Where is it? Tony Melum was here and wouldn't stay. Where are the
documents that I'm asking for? They're not in your presence. They're
not in the presence of the City of Newport Beach, yet when I go to the
City Clerk's office and ask for documents for the tapes that are copied
for what's going on now, they say they are not there and that I have to
wait for them to show up. Well, they're not in the presence of the City
Clerk's office either, but they can be found and will be presented to
me. Yet, I'm asking for documentation from Mr. Melum's office. It
says that the Harbor Resources Division is newly formed. No. It has
been reworded." Mr. Hildreth began reading from his letter of
October 23, 2001, again by stating that, "I have been told that Mr.
Melum received a law degree from Western State College of Law. If
this is true, an attorney is bound, under oath, to uphold the United
States Constitution as well as the Constitution and Laws of the State
of California. I believe that he has failed to do so in the case of my
rights to my family's long -held residential pier lease, and to provide
me with the documents I have requested." Mr. Hildreth added that,
"on the 24th of June, 1976, Mr. Harshbarger was director of the Marine
Department ".
Russell Niewiarowski stated that everyone's been tricked by being told
that a safe airport plan for El Toro is ready to be built. He stated that
this isn't true. He added that different data regarding the winds has
been presented to the County Board of Supervisors, but it has been
ignored. He stated that people should start asking questions. He
noted that agencies are advising the County that they need to come up
with another plan, because the current one is flawed. He added that
the current plan will have a greater impact on Newport Beach than
the V -plan. He stated that many people support the
V -plan, and that it is time for the City of Newport Beach to do so also.
L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE
ACTIVITIES — None.
M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
23. PLANNING
AGENDA FOR OCTOBER 18, 2001.
Planning Director Temple stated that there were four items on the
Planning Commission agenda for the meeting of October 18, 2001.
She stated that the first item, regarding a restaurant application, was
continued. The second item was a discussion item in regards to the
potential review and call -up of the use permit for Carmelo's
Restaurant. She stated that the Planning Commission decided not to
call -up the item for review. Planning Director Temple stated that the
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third item approved a new office building for Newport Center, and the
fourth item was a request to construct an event pavilion at the
Radisson Hotel. She stated that this item was also approved by the
Planning Commission.
Per the question of Mayor Adams, Assistant City Manager Wood and
Planning Director Temple stated that the Aye votes for the second
item were Planning Commissioners Kiser, Agajanian and Gifford.
Council Member O'Neil asked if the public or the Police Department
spoke on the item at the Planning Commission meeting. He
additionally asked what the deadline would be for an appeal.
Planning Director Temple stated that the item could be appealed or
called -up within fourteen days of the decision, which would be
November 1, 2001. She stated that several area residents did testify,
with one complaining about the noise from live entertainment and the
others complaining about the noise from patrons as they leave the
facility. She added that Police Captain Newman did speak at the
meeting, and provided information regarding the noise complaints
received by the Police Department. Council Member O'Neil asked if
the noise from other establishments in the area were compared.
Planning Director Temple stated that statistics were not provided, but
that Captain Newman did testify that the noise from Carmelo's is
common to that of other establishments throughout the City. Council
Member O'Neil stated that the problem is the proximity of Carmelo's
to a residential area. He stated that he understands both the
residents' complaints and the restaurant's rights, and that he has
spoken with one of the area residents. Council Member O'Neil stated
that he doesn't believe it will be beneficial to call -up the item, since
there are many areas in the City that have the same situation with
incompatible land uses, but that the issue does need to be addressed.
He stated that each situation needs to be dealt with individually and
he is looking into the issue regarding Carmelo's. Planning Director
Temple added that Captain Newman did state that the Police
Department would monitor the situation. She added that the City is
also working with the applicant in complying with their use permit
and deploying their own security staff.
Mayor Adams asked if the Police Department would be reporting back
to the Planning Commission. Planning Director Temple stated that it
would be included in a report that the Planning Commission has
requested of staff on how sound problems and live entertainment are
dealt with by the City. Mayor Adams requested that the City Council
also receive the report.
Council Member Bromberg asked if any citizen can appeal a decision
of the Planning Commission. City Attorney Burnham stated that they
can and Assistant City Manager Wood added that there is a fee to do
so.
Mayor Pro Tem Ridgeway stated that the Cannery Village area and
the peninsula have issues with both on -site noise and off -site noise.
He stated that on -site noise is handled by the conditional use permit,
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but that it is difficult for an establishment to control the off-site noise,
or to determine which establishment the patron may have exited from.
He added that he feels that, at this point, it becomes an issue for the
Police Department.
Motion by Council Member Bromberg to receive and file the
written report.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor,
Mayor Adams
Noes: None
Abstain: None
Absent: None
N. MOTION FOR RECONSIDERATION - None.
O. ADJOURNMENT - 8:20 p.m.
The agenda for the Regular Meeting was posted on October 17, 2001, at
2:00 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 October 19, 2001, at 2:15 p.m. on the City Hall
Bulletin Board located outside of the City of Newport Beach Administration
Building.
City Clerk
Recording Secretary
Mayor
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