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HomeMy WebLinkAbout05/08/2001 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting May 8, 2001 - 7:00 p.m. - 4:05 p.m. INDEX CLOSED SESSION - 6:00 p.m. CLOSED SESSION REPORT -None. RECESSED AND RECONVENED AT 7:10 P.M. FOR REGULAR MEETING ROLL CALL Present: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Absent: None PLEDGE OF ALLEGIANCE - Mayor Adams. INVOCATION - Dr. J. Donald Turner, former Bishop, Church of Jesus Christ of Latter -Day Saints - Newport Beach Stake. Presentation of Proclamation to George Millikin commemorating 45 years of outstanding service to the City of Newport Beach. Presentation of Proclamation for National Public Works Week. Presentation of Proclamation for Mental Health Month. Presentation by the Leukemia and Lymphoma Society. 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 O'Neil announced that the 20th Annual Corona del Mar Scenic 5K Race will be held on June 2, 2001. Council Member Glover requested that an item be placed on the June 12, 2001, agenda to budget $60,000 in this year's budget to preserve the trees on Clay Street. Council Member Bromberg requested that an acknowledgement be generated for contractors of major projects to give to the community. The acknowledgement would provide information regarding who to contact and what to do in the event property damage occurs. Volume 54 - Page 245 City of Newport Beach City Council Minutes May 8, 2001 INDEX • Council Member Bromberg announced that the Balboa Island Parade will take place on June 3, 2001, starting at 11:00 a.m. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. Removed at the request of Mayor Pro Tern Ridgeway. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTIONS FOR ADOPTION 3. Removed at the request of Council Member Proctor. 4. RESOLUTION AUTHORIZING THE PURCHASE OF TAX Tax Defaulted DEFAULTED REAL PROPERTY IN SANTA ANA HEIGHTS (APN Real Property/ #439 - 341 -01, 2173 ORCHARD DRIVE). Item pulled. 2173 Orchard Drive (73) 5. RESOLUTION NO. 2001 -25 RELATING TO THE CITY S SUPPORT Res 2001 -25 FOR THE SOUTHERN CALIFORNIA COASTAL CAUCUS IN THE US Southern CONGRESS. Adopt Resolution No. 2001 -25 urging Members of Congress California who represent coastal regions in Southern California to form the Southern Coastal Caucus California Coastal Caucus within the US Congress to enable our region to (51) gain more federal resources for shoreline protection and water quality projects. 6. Removed at the request of a member of the audience. 7. Removed at the request of City Manager Bludau. CONTRACTS AND AGREEMENTS 8. LEASE AGREEMENT FOR BALBOA YACHT BASIN WITH BASIN C- 3404Balboa Yacht MARINE, INC. (contd. from 3/27/01, 4/10/01 & 4/24/01). Item continued. Basin (38/51) 9. BALBOA VILLAGE PROJECT UPDATE AND APPROVAL OF C -3333 AMENDMENT NO. 5 TO PSOMAS AGREEMENT (contd. from 4/24/01). Balboa Village 1) Receive and file project update report; and 2) approve Amendment No. 5 in Project the amount of $130,195 to the original Agreement with Psomas (the (38) amendment provides for a fee increase to cover work beyond the original scope, as well as a time extension). 10. IRVINE AVENUE WATER MAIN REPLACEMENT FROM SANTIAGO C -3412 DRIVE TO UNIVERSITY DRIVE AND JAMBOREE ROAD FROM SAN Irvine Avenue JOAQUIN HILLS ROAD TO EASTBLUFF ROAD — APPROVAL OF Water Main PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH ASL, Replacement INC (C- 3412). Approve a Professional Services Agreement with Tetra Tech (38) ASL (ASL) of Irvine, California for a contract price of $180,240 and authorize the Mayor and the City Clerk to execute the agreement. Volume 54 - Page 246 City of Newport Beach City Council Minutes May 8, 2001 11. LIDO ISLE STREETLIGHT BANNERS. Approve the request of the Lido Isle Community Association for the installation of double flag banners on six City streetlight poles year -round (installation shall be on poles along both sides of Via Lido and is subject to the Public Works Department's conditions of approval). 12. BUCK GULLY PUMP STATION REHABILITATION — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH THE KEITH COMPANY (C- 3368). 1) Approve a Professional Services Agreement with The Keith Companies (TKC) of Costa Mesa, California, for a contract price of $86,065 and authorize the Mayor and the City Clerk to execute the agreement; and 2) authorize a budget amendment (BA -046) transferring $52,259 from the unappropriated Wastewater Fund Balance to Account No. 7532- C5600100. 13. Removed at the request of a member of the audience. MISCELLANEOUS ACTIONS 14. Removed at the request of Council Member Proctor. 15. Removed at the request of Council Member Proctor. 16. COUNCIL POLICY REVISIONS FOR 2001 AND PUBLIC MEETING TO CONSIDER CITY S STATEMENT OF INVESTMENT POLICY (F -1). a) Approve the proposed revisions to Council Policies A -2, F -1, F -2, F -3, F -4, F -9, F -16, F -17 (old), H -1, I -2, I -5, I -7, I -12, I -21, I -25, K -1, K -10 (new), L -2, L -6, L -7, L -8, L -12, and L -16; and b) once amended and adopted, affirm Policy F -1 (Statement on Investment Policy). Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar, except for those items removed (1, 3, 6, 7, 13, 14 and 15); and noting the continued item (8) and the pulled item (4). The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: None ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF APRIL 24, 2001. Mayor Pro Tem Ridgeway requested that the third paragraph of page 54 -216 be amended to read, "...the watershed cities in Los Angeles County are further along in the education process..." Volume 54 - Page 247 INDEX Lido Isle Streetlight Banners (74) C -3368 BA -046 Buck Gully Pump Station Rehabilitation (38/40) Council Policy Revisions/ Statement of Investment (69) City of Newport Beach City Council Minutes May 8, 2001 Jim Hildreth, 120 The Grand Canal, indicated that some of the details he read from his letter were not included in the Public Comments portion of the minutes (page 54 -223). Mayor Adams suggested that wording similar to "referenced a letter sent under separate cover" be added to Mr. Hildreth's statement. Motion by Council Member Glover to waive reading of subject minutes, approve as amended and ordered filed. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Ridgeway, Glover, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: None Motion by Council Member Proctor to consider Items 3, 14, and 15 at the same time. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: None 3. ECONOMIC DEVELOPMENT COMMITTEE ACCOMPLISHMENTS FOR 2000 AND RECOMMENDED CHANGES TO RESOLUTION ESTABLISHING THE COMMITTEE (contd. from 4/24/01). 14. HISTORY OF THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC). 15. APPOINTMENTS TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC) (contd. from 4/24/01). Council Member Proctor stated that he requested at the last Council meeting that Item 15 be continued and Item 14 be prepared, and indicated that he discussed these issues with Council Member Bromberg and EQAC Chairman Hawkins. He expressed concern about how EQAC members are appointed and reviewed the current membership structure outlined in the staff report. Motion by Council Member Proctor to defer the EQAC appointments (Item 15) until a subcommittee is formed; and have the Mayor appoint members to the subcommittee at the next Council meeting consisting of three Council Members, one EQAC member, and one EDC member to review committee structures, appointment methods, and duties. Robert Hawkins, Chairman of EQAC, stated that he would be happy to participate on the subcommittee. He recommended that Council Members Volume 54 - Page 248 INDEX EDC/ EQAC (24) City of Newport Beach City Council Minutes May 8, 2001 Bromberg and Heffernan be appointed to the subcommittee since they are already on EQAC. He added that Council Member Proctor should also be appointed to the subcommittee to help address his concerns. He requested that a timeframe be set for the report to come back to Council since he is concerned about losing interested members of the community from participating on EQAC. Council Member Proctor amended his motion to have the report before Council one month after the Mayor appoints the subcommittee. Regarding Item 3, Council Member Bromberg expressed concern that this dilutes Council Policy F -17 and precludes staff involvement. Mayor Pro Tem Ridgeway stated that Assistant City Manager Wood told him that she did not feel that removing the Purpose and Responsibilities paragraph would impair EDC's makeup; however, some constituents would like to leave it in because it is descriptive of what EDC does. Assistant City Manager Wood pointed out that the changes that are proposed in the EDC resolution were made to go hand -in -hand with the amended Council Policy about economic development and that most of the resolution has been stricken in order to have it in one place. Mayor Adams stated that, even though Council Policy revisions were already approved by Item 16, the policy can stand approved for now until it is reviewed or amended. Ms. Wood suggested that the proposed resolution in Item 3 be deferred since the subcommittee may be making changes. Mr. Hawkins stated that Item 14 should be received and filed. Council Member Proctor amended his motion to receive and file Item 3, but postpone adoption of the resolution until after the subcommittee conducts its review; and receive and file Item 14. Council Member Glover believed that the report should also include a listing of when the items went before Council previously. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: None 6. DREDGING IN THE NAVIGATIONAL CHANNELS OF THE LOWER BAY. Jim Hildreth, 120 The Grand Canal, stated that the document does not indicate that the dredging material will be tested to see if it is polluted. Mayor Pro Tem Ridgeway noted that funding was lost by President Bush's Executive Offices and reported that a boat going to the starting line got hung -up on a low spot in the Bay during the Cinco de Mayo Race. Motion by Mayor Pro Tem Ridgeway to approve Resolution No. 2001 -26 supporting federal funding for a dredging project in Lower Newport Bay and Volume 54 - Page 249 INDEX Res 2001 -26 Dredging/ Lower Bay (51) City of Newport Beach City Council Minutes May 8, 2001 directing that the Resolution and any related correspondence be directed to the offices of US Representatives Chris Cox (47th Congressional District) and Dana Rohrabacher (45th Congressional District). The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: None NEWPORT COAST /SANTA ANA HEIGHTSBAY KNOLLS ANNEXATION — RESOLUTIONS AUTHORIZING LAFCO TO PROCESS THE ANNEXATION AREAS AS INDIVIDUAL APPLICATIONS AND AGREEING TO THE MASTER PROPERTY TAX EXCHANGE FOR THE NEWPORT COAST ANNEXATION AREA. Assistant City Manager Kiff reported that the City needs to collect property taxes as early as next June in order to pay for staffing associated with the annexation. Meeting the December 1, 2001, deadline for submitting annexation paperwork to the State Board of Equalization means that the City will receive property taxes from the annexed area by June 2002; however, missing the December deadline means that these property taxes will not be received until June 2003. He indicated that the Local Agency Formation Commission ( LAFCO) asked that they be allowed to consider each of the annexation areas separately so that the Newport Coast section is completed by the December 1 deadline. The Santa Ana Heights and Bay Knolls annexations may be slowed down because LAFCO staff believes that the Commissioners will want to look at Costa Mesa's annexation application for areas adjacent to Santa Ana Heights and Bay Knolls at the same time they consider the City's application. Mr. Kiff also reported that LAFCO requested that the proposed resolution be amended and provided copies of the change. Russ Niewiarowski, West Santa Ana Heights, believed that all of Santa Ana Heights should remain one community and that the City should be in negotiations with Costa Mesa to relinquish Santa Ana Heights. He stated that they presented an application to Costa Mesa to hold another hearing on this issue but were denied. He added that Costa Mesa is entrusting LAFCO to make a determination about the sphere of influence line and noted that the Santa Ana Country Club has announced its intent to file a sphere of influence adjustment to detach from Costa Mesa. Mayor Pro Tem Ridgeway stated that the City received a letter from the Bay Knolls Homeowners Association signed by John Buchanan which, although they are disappointed, supports the separation. He noted that he owns property in West Santa Ana Heights and cannot participate in any of those discussions. Motion by Council Member O'Neil to 1) adopt amended Resolution No. 2001 -27 authorizing the Orange County Local Agency Formation Volume 54 - Page 250 INDEX Res 2001 -27 Res 2001 -28 Newport Coast/ Santa Ana Heights/ Bay Knolls Annexation (21) City of Newport Beach City Council Minutes May 8, 2001 Commission (LAFCO) to process Newport Beach's three proposed annexation areas individually; and 2) adopt Resolution No. 2001 -28 stating the City's intent to use the Master Property Tax Transfer Agreement for Newport Coast. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: None 13. PROPOSED ASSESSMENT DISTRICT NO. 82 (BOUNDED BY GOLDENROD AVENUE, OCEAN BOULEVARD, HELIOTROPE AVENUE, AND BAYVIEW DRIVE IN CORONA DEL MAR) FOR UNDERGROUNDING UTILITIES. Jim Hildreth, 120 The Grand Canal, stated that he hopes Council Member Bromberg's previous concern about property damage is addressed within this project and that a local phone number is provided. He added that he believes that removing overhead utilities opens the door for taller houses in the City. Motion by Mayor Pro Tern Ridgeway to a) adopt Resolution No. 2001 -29 making findings on a petition for, adopting a map showing the proposed boundaries of, and making appointments for Assessment District No. 82; b) adopt Resolution No. 2001 -30 declaring intention to order the construction of certain improvements in proposed Assessment District No. 82, declaring the improvements to be of special benefit, describing the district to be assessed to pay the costs and expenses thereof, and providing for the issuance of bonds; c) adopt Resolution No. 2001 -31 giving preliminary approval to the report of the Assessment Engineer, setting the time and place for a public hearing as June 26, 2001, and ordering the Intention of Assessment Ballot Procedure for Assessment District No. 82; and d) approve the Special Counsel agreement with Robert Hessell. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: None PUBLIC COMMENTS Dayna Pettit, Balboa Performing Arts Theater Foundation President, invited everyone to the groundbreaking ceremony on May 22, 2001, at 1:00 p.m. and announced that their first performance will be the Bulldozer Ballet. Jim Hildreth, 120 The Grand Canal, referenced a letter that lists documentation he received and is requesting from the City and commented about a shore mooring. Volume 54 - Page 251 INDEX Res 2001 -29 Res 2001 -30 Res 2001 -31 Assessment District No. 82 (89) City of Newport Beach City Council Minutes May 8, 2001 INDEX Council Member Proctor noted that a lot of staff time is being consumed on this issue and that this seems inappropriate. Mayor Adams reported that Mr. Hildreth did have a hearing before Council and waived $1,800 of his fines. City Attorney Burnham stated that he does not know of a way to preclude Mr. Hildreth from submitting Public Records Act requests, but added that the City Manager has advised him that the City was not going to devote any more staff time to this issue since so much time has already been spent in the past. He indicated that the City needs to minimize its efforts but still comply with whatever legal obligations it may have to disclose documents. Mayor Pro Tem Ridgeway expressed hope that Mr. Hildreth will take this issue to the courts since his comments in the Chambers are inappropriate week after week. At Council Member Heffernan's request, Mr. Burnham explained that Mr. Hildreth built a structure without a permit; the structure was removed by the City; and Council conducted a hearing and rejected his appeal regarding the removal of the original structure. He stated that Mr. Hildreth feels he is entitled to install a structure similar to those installed by persons with pier permits since his father was issued a shore mooring. Russ Niewiarowski, Santa Ana Heights, took issue with the Airport Working Groups' (AWG) recent commercial and believed that backroom talks are occurring for a minor John Wayne Airport (JWA) expansion. He noted that the people do not want JWA to expand, but do want an airport at El Toro. He noted that the Orange County Regional Airport Authority (OCRAA) unanimously supports John Griffin's OCX -V Plan and that John Russell of the Airline Pilots Association (ALPA) will also be supporting this plan. He indicated that they are also working on a Measure A amendment which will allow the OCX -V Plan to be implemented. Jan Vandersloot, 2221 E. 16th Street, expressed support of Council Member Glover's suggestion to budget funds to trim the tree roots on Clay Street as they have aesthetic and cooling value for the neighborhood. He believed that this should be considered in light of the amount of alleged property damage claims due to trees that have been settled. He indicated that they are in the process of forming a group to campaign for these trees. Ann Watt, 20261 Spruce Avenue, Santa Ana Heights, thanked Council for the letter it sent requesting that the airport change the retaining wall to a different type of wall with landscape. However, she took issue with Council Members Glover and Proctor taking a report to the Board of Supervisors that called for the expansion of JWA by 1.4 million annual passengers (MAP). She asked if this was the plan the City is supposed to get behind and if this is the flexibility it is supposed to be showing. She added that she believes that the other signers of the Settlement Agreement (the airlines, FAA, and Congress) will not agree to keep the cap at 10 MAP if they have no other alternatives. Mayor Adams requested that discussion regarding the plan for the extension of the JWA Settlement Agreement take place at the next meeting. Charles Griffin, 732 Bison Avenue, expressed his surprise about the report at the Board of Supervisors meeting. He believed that the Federal government wants El Toro to become an airport and that expanding JWA is inappropriate Volume 54 - Page 252 City of Newport Beach City Council Minutes May H, 2001 INDEX at this time. He reported that he is writing an initiative that calls for the OCX -V Plan to be put before the people in an election. • Greg Schwenk, Executive Director of the Newport Beach Film Festival, thanked Council and the other sponsors for its support of the 2001 Film Festival. He reported that 17,000 people attended the Festival which is a 19% increase from last year. Further, there was a 25% increase in the investment involvement with the Newport Beach Marriott and a 25% increase in the number of filmmakers in attendance. He added that 60 feature films, representing 20 countries, and 120 short films were shown. He stated that free seminars were also held at the Central Library. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES • Council Member Glover stated that she and Council Members Proctor and O'Neil have been working on the extension of the JWA Settlement Agreement and are in the process of putting together a document about its status that will be sent to every household in Newport Beach. She reported that the Board of Supervisors selected a proposed project and directed the CEO to work with the City to develop a Memorandum of Understanding (MOU) to be submitted to the Board on May 22, 2001. She indicated that the MOU will define the project alternatives and the roles the City and County will play in the preparation of the Environment Impact Report (EIR). The Board's decision is the first step in a process that also involves the FAA and the air carriers. Council Member Glover thanked Chairperson Coad, Supervisor Smith, Supervisor Silva, JWA Director Murphy, Special Counsel Gatske, Council Member Proctor, Council Member O'Neil, City Attorney Burnham, Senior Planner Alford, and City Manager Bludau. She emphasized that citizens of the City need to be aware that Council has to put together a project that will be accepted by the County of Orange, Board of Supervisors, FAA, airport transporters, corridor cities, Newport Beach citizens, and the AWG. She pointed out that the Settlement Agreement is very important to the City and that, if it is not extended, the City will face difficulties in the future. • Council Member Proctor reported that Council Members Glover and O'Neil have worked very hard to get the Settlement Agreement extension to where it is today. He emphasized that, in 2005, there will be no protection for the residents if the extension is not approved. He stated that the increase in flights or passengers is a small part of a bigger issue and that they are finally able to get this process back on track with a document that will be addressed in the EIR process. He reported that the Settlement Agreement extension is still aimed at curfews and caps on the number of flights, types of flights, and number of passengers. Council Member Proctor reported that he participates on the Orange County Regional Airport Authority (OCRAA) and assured everyone that they are still moving forward in trying to make the E1 Toro airport a reality. He stated that, while OCRAA is working on this, the City is very active in trying to extend the Settlement Agreement. Volume 54 - Page 253 City of Newport Beach City Council Minutes May 8, 2001 Mayor Pro Tem. Ridgeway commended Harbor Quality Committee Member Gardner for writing a Buck Gully grant request that was awarded $250,000. City Manager Bludau reported that there wasn't a quorum for the General Plan Update Committee; however, the members in attendance did discuss the State of the City outline. He indicated that their next meeting will be held on May 20, 2001, and that they expect to review the Request for Qualifications (RFQ) for the traffic study. He also reported that 20 RFQ documents for the General Plan consultant have been sent out. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 17. PLANNING AGENDA FOR MAY 3, 2001. Assistant City Manager Wood reported that the Planning Commission approved a landscape plan and a sign program for the Newport Technology Center at 500 Superior Avenue (Item 1). She indicated that this was previously before the Commission for a use permit to exceed the height limit. She added that the findings that need to be made include superior design of the building and landscaping. Ms. Wood reported that the Commission approved a use permit for a new vespa motor scooter dealer on Coast Highway (Item 2). She noted that a condition of approval was added to ensure that the scooters would only be for sale and not for rent. Regarding Item 7 (expansion of the Boy Scouts Sea Base on Mariner's Mile), Ms. Wood reported that the Commission felt that this was a good use but had concerns with how the expansion was going to be done. The matter was continued to June 7, 2001, to explore ways to do the expansion without blocking so much of the view from Coast Highway. She pointed out that the Commission did not receive the project plans prior to the meeting. Motion by Mayor Adams to receive and file the report. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: None PUBLIC HEARING 18. FY 2001 -2002 COMMUNITY DEVELOPMENT BLOCK GRANT ONE - YEAR ACTION PLAN. Mayor Pro Tem Ridgeway noted that the Department of Housing and Urban Development (HUD) sent a letter complaining about the City's five -year performance and expressed hope that this would not jeopardize future Community Development Block Grant (CDBG) money. Associate Planner Volume 54 - Page 254 INDEX Planning (68) CDBG Action Plan (87) City of Newport Beach City Council Minutes May 8, 2001 INDEX Trimble assured Council that CDBG money is not being jeopardized and reported that the City is addressing HUD's concerns. Further, the City has also hired a consultant to help address this in a timely manner so that HUD will be satisfied with the City's Consolidated Annual Performance Evaluation Report (CAPER). Assistant City Manager Wood emphasized that the text of the annual report showed that the City was accomplishing the goals set in the Plan, but the computerized funding disbursement program did not reflect the correct funding because the newest HUD staff member took months to give Mr. Trimble the computer code to update the budget. This will be corrected by the end of the month. Regarding the City's homeless issue, Mr. Trimble indicated that the balance can probably be changed between the social service providers and added that the current amounts reflect the applications that the City received. He reiterated that HUD could not verify that the City spent any money in this category since the computer did not reflect any expenditures; however, the narrative did show that the City expended funds. Ms. Wood added that the City needs to also address the homeless as a "special needs population" in the Housing Element. She indicated that, through CDBG and the Housing Element, the City tries to estimate its need and also participates in a number of groups Countywide that handle this problem on a regional basis. Council Member Proctor stated that, in his profession, he deals with families in need frequently. He believed that this item should be continued until HUD's concerns are addressed and that the City should get the consultant that HUD offered to provide. Mr. Trimble clarified that the different issues being discussed are 1) the Action Plan for next year's CDBG funding and 2) HUD's letter which discusses the 1999 -2000 CAPER. He indicated that the letter pointed out recording issues that created an inconsistency between the City's computerized financial report and the written narrative. He reported that HUD said there were deficiencies in the report and thought that the City did not allocate funds in the Continuum of Care categories because they were using the computerized report. Mr. Trimble stated that he believes that the document is a quality Action Plan and is appropriate for adoption. He added that the deadline would be missed if this were continued. Ms. Wood stated that, for the CDBG program, the City generated a Five -Year Consolidated Plan which HUD approved, and that the Action Plan is just a one -year plan to implement the Five -Year Plan. She indicated that, since the City is consistent with the Five -Year Plan, it is consistent with HUD's regulations. Regarding the Section 8 count, Mr. Trimble explained that this reflects the number of Section 8 recipients in the City. He added that HUD's statement that the City has no public housing units within its jurisdiction is probably a criticism for not having an active housing rehabilitation program, purchase /resale program, or new buyer assistance program. He indicated that the City has never funded these programs in the past, has not included it in its Five -Year Consolidated Plan, and has not been directed by Council to support those types of programs. If this is something the City wants to do, it would need to amend its Five -Year Consolidated Plan and try to put it into the One -Year Action Plan. Volume 54 - Page 255 City of Newport Beach City Council Minutes May S, 2001 Mayor Adams opened the public hearing. 'There was no public testimony presented. Motion by Mayor Pro Tem Ridgeway to approve the Action Plan, including the budget for the CDBG program, for submittal to HUD. Council Member Proctor requested that a report addressing HUD's evaluation of the City's progress be agendized. City Manager Bludau indicated that staff is already preparing a response to the letter and that this will be brought back to Council. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: None MOTION FOR RECONSIDERATION - None. - 9:05 p.m. The agenda for the Regular Meeting was posted on May 2, 2001, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk 0/) .0 Recording Secretary Mayor Volume 54 - Page 256 INDEX