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HomeMy WebLinkAbout01 - 3-22-99April 12, 1999 Agenda Item No. CITY OF NEWPORT BEACH City Council Minutes ®���� Study Session March 22, 1999 - 4:00 p.m. INDEX Present: Adams, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: Glover (excused) CURRENT BUSINESS CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR AND PRESENTATION FROM VINCE MESTRE REGARDING ITEM NO. 15. In response to Council Member Adams' questions regarding Item No. 13, Electric Vehicle Program Final Report, General Services Director Niederhaus clarified that the matching funds pay for the lease, maintenance, staff time, and cost for installing the chargers, but does not cover the cost of electricity. Regarding Item No. 3, Vacation and Abandonment of a Portion of Avocado Avenue, Mayor Pro Tem Thomson questioned ownership of the property. He • stated that he called the title company and they indicated that the City is the owner of the easement, in which case, the City cannot just give this property away. City Attorney Burnham reported that he discussed this with Development Engineer Hoffstadt and that City right -of way is subject to the vacation abandonment process. If it is a fee property, a different procedure is warranted. Mayor Pro Tem Thomson suggested pulling this item until all the facts are known. Public Works Director Webb reported that research indicates that it was dedicated as part of the 1904 Corona del Mar Tract Map and that the wording is different than today's wording. Additionally, no record of any deed that gives the City fee rights has been found. He stated that the Irvine Terrace Tract was approved showing half of it as being dashed off. There was no dedication or reservation on the map. Mr. Webb stated that this is no different than the Marguarite and Carnation vacation/ abandonment. Council Member Debay stated that Terry Andrus, who is an attorney and works at the Sanitation District, informed her that Mrs. Wheeler had been paying taxes on that property since 1904 and that they feel they have some legal claim to the property in the absence of a fee document. Mayor Pro Tem Thomson stated that it was his understanding that the County returned Mrs. Wheeler's taxes since they found it was not owned by her. Mayor O'Neil suggested pulling the item tonight. Regarding Item No. 18, Dredging in Newport Harbor, Council Member Debay asked if there was any way to receive emergency funding so that the far west end of the Bay could be dredged now and its waste can be hauled Volume 52 - Page 400 City of Newport Beach City Council Minutes March 22, 1999 INDEX away by the barge currently in the Bay. Deputy Chief Melum reported that . the barge has left the Harbor and that the barge in the Upper Bay is almost ready to leave. He stated that City survey crews will be measuring the depth to compare it to the design depth and that the information will be coming back to Council. Mr. Melum indicated that, unless the Army Corps of Engineers allows the County to increase their load by 10 percent, they are a week or two away from completion. Regarding the Newport Townhomes installing new docks, Mr. Melum reported that they conducted a project which left part of the sediment in the channel and on the adjacent beach, and that the City is working with them to get that cleaned up. He stated that rather than hauling it out, which is the more expensive option for the residents, the City has the option to put it on the beach at 43�d Street and dewater it. He reported that the residents have resisted doing that even though it can be covered with clean sand. In response to Council Member Debay's request, Mr. Melum indicated that he will try to coordinate with the County to include this with their waste. He stated that, because of the Newport Boulevard bridge, he is not sure their barge would be able to get under it. However, a local dredger does have a smaller barge that may be used occasionally. Regarding the inability for the County to dump the dredged spoils, Mr. Melum reported that, because of the dumping mistake, they still have not received approval from the EPA to go forward and finish the project. He stated that it was his understanding that negotiations are underway to try to resolve this quickly. . Regarding Item No. 21, Public Hearing on Fiscal Year 1999 -2000 Community Development Block Grant Applications, Council Member Debay informed staff that she will be asking where the City refers the homeless after they are detained by the Police Department; and the location of the ADA improvements and how to get on a priority list, if one exists. Regarding Item No. 5, Ordinance No. 99 -6 (Allowing Overnight Vessel Storage on Beaches), Council Member Ridgeway indicated that he will be pulling this item to request that a 300 foot radius notification take place. Mr. Burnham clarified that the ordinance would need to be reintroduced if a change occurs but that Council Member Ridgeway would not need to pull it tonight. In response to Mayor Pro Tem Thomson's concern that a 300 foot radius may not be enough, Council Member Ridgeway stated that his concern is for residents that are adjacent to where this may occur. Mr. Burnham stated that an amendment to the ordinance will be brought back April 12. Regarding Item No. 4, Council Policy Manual, Assistant to the City Manager Kiff reported that a change will need to be made to Council Policy K -3 to amend Section F.2's fee from 15 percent to 50 percent, as required in the Municipal Code. Council Member Adams indicated that he will be pulling this item tonight anyway. Mayor O'Neil stated that the amendment can be handled at that time. Regarding Item No. 15, JWA Settlement Agreement to Modify the Departure Volume 52 - Page 401 City of Newport Beach City Council Minutes March 22, 1999 Noise Limits Consistent with the Results of the Comparison Test Conducted by Mestre Greve & Associates, John Myerly, Manager of the Access and Noise Program at John Wayne Airport, provided a brief background about the noise monitoring system. He stated that the new system's results were compared with the current system and, as expected, the results were not identical. Vince Mestre, Mestre Greve & Associates, utilized overheads to compare the new and old systems. He reported that the old system is antiquated and irreplaceable if broken and that the new system was installed a year ago. He stated that the new system can enforce noise to .1 dB and that a 1 dB increase in the noise limit standard translates to a decrease of 5,000 pounds to the aircraft. In response to Council Member Ridgeway's questions, Mr. Mestre reported that the State tolerance is plus or minus 1.5 dB. He stated that the reason for the staff report is to receive permission to dismantle the old system. He indicated that this can be done as soon as it meets all specifications and the new noise level standards are approved. Mr. Burnham stated that he is confident that the new system will not increase any noise levels for residents or enhance the aircraft capacity at JWA. Additionally, information will not be lost if power fails at JWA. Mr. Mestre reported that the new system's bullhorns are connected by phone line to the central computer at JWA; the data is stored by telephone dial -up • transferred to the airport; the raw data is stored, backed -up, and archived on the computer system; and a noise event file is created for each event, as well as hourly noise numbers. He assured that with the new system the airport can operate 30 days without telephone connection and no data will be lost. 2. CONCEPTUAL PLAN FOR BONITA CANYON PARK Community Services Director Kienitz reported that the current plans are estimated to cost $5.65 million for construction and $250,000 for design; that funds are available for this project; that they are asking for direction relative to the employment of the landscape architect to develop the construction drawings; and that Rick Vanderwood's services (EPT Landscape Architect) to date have been provided by The Irvine Company. Pat Beek, Parks, Beaches & Recreation Commission Chair, stated that she is submitting the conceptual plans for the build -out of the Bonita Canyon Park for Council approval on behalf of the entire PB &R. She indicated that the plans contain amenities /uses that were designed and supported by City co- sponsored youth groups and residents; and that the project is within budget. Rick Vanderwood, EPT Landscape Architect, described the park's amenities which include soccer fields, baseball fields, dedicated open space, parking areas, a tot lot area, restroom /storage facilities, trails, and landscaping; and that future amenities may include another restroom facility near one of the ball fields, an additional parking area, and another tot lot. He stated that, . should the School District decide to build a school there, the multi- purpose Volume 52 - Page 402 ufiri5Di:7 C- 3270 -A/C- 3270 -B Bonita Canyon Park (38/62) City of Newport Beach City Council Minutes March 22, 1999 field would be lost and the main parking area would be rearranged. Regarding Council Member Adams' questions, Senior Recreation Manager Hunt reported that there will be no lights at this park and that park usage will probably cease by dusk. At Council Member Ridgeway's request, Mr. Vanderwood compared the current parking layout to the shared parking layout in the event the School District decides to build a school in that area. He indicated that the proposed shared parking is acceptable to the School District. In response to Council Member Ridgeway's questions, Mr. Hunt confirmed that the conceptual design drawings are complete. Regarding the $250,000, Public Works Director Webb stated that it covers the cost for the construction/working drawings. Motion by Council Member Noves to approve the conceptual plan for the construction of the area referred to as Bonita Canyon Park, as recommended by the Parks, Beaches and Recreation Commission on March 2, 1999; and direct staff to negotiate a scope of work and cost with EPT Landscape Architecture and prepare a contract for City Council approval. Council Member Ridgeway stated that he cannot support the latter part of the motion and wondered why the City would not go out to bid for landscape architecture services. Substitute motion by Council Member Ridaewav to approve the conceptual plan for the construction of the area referred to as Bonita Canyon Park, as recommended by the Parks, Beaches and Recreation Commission on March 2, 1999; and direct staff to follow the traditional consultant selection process for hiring of a landscape architect. The substitute motion died for lack of a second. In response to Council Member Adams' question relative to the percent of the total construction cost the $250,000 represents, Mr. Webb indicated that it represents about 5 percent of the cost. This is low since design costs normally represent about 7 to 8 percent. The motion carried by the following roll call vote: Ayes: Adams, Thomson, Debay, Noyes, Mayor O'Neil Noes: Ridgeway Absent: Glover Abstain: None 3. JOINT MEETING OF COUNCIL AND PLANNING COMMISSION TO DISCUSS APPROACH AND PARTICIPATION IN UPCOMING GENERAL PLAN AMENDMENTS. Planning Commissioners in attendance included Thomas Ashley, Richard Fuller, Anne Gifford, Mike Kranzley, Larry Tucker, and Chairman Ed Volume 52 - Page 403 INDEX 0 Planning Commission/ General Plan Amendments (68) L J • City of Newport Beach City Council Minutes March 22, 1999 Selich. Commissioner Mark Hoglund was absent. Mayor O'Neil stated that he and Chairman Selich decided that because of all the items on the Council agenda a comprehensive General Plan Amendment discussion should not take place at this time and that coastal areas be discussed instead. He pointed out that The Irvine Company submitted an LCP application for development in the Newport Center(Fashion Island area and believed that it may be beneficial to look at this general area since there may be other landowners that have some interest in developing their property and could save on having to do a lot of individual EIRs. Mayor O'Neil believed that this process can be used for the Newport Center and the airport areas. Mayor O'Neil introduced new City Manager Homer Bludau to the Planning Commission. Chairman Selich noted that the Planning Commission made several recommendations to Council. He reported that the California Planning and Zoning Law provides that the Planning Commission annually review the capital improvement programs for consistency with the General Plan. He stated that the Commission reviews General Plan Amendments at the time of initiation and then determines its worthiness for review by Council. Beyond that the Commission has little involvement in the process. Chairman Selich believed that the amendments may be better if the Commission was able to review them prior to 5 days before the public hearing. Chairman Selich stated that the Commission also believes that all the elements within the General Plan also need to be looked at, not just focus on the land use element. He reported that a number of large projects are coming up and believes that the Newport Center project is the project in which they would most likely have an immediate impact since it is fairly easy to isolate an area that is self sufficient and has defined boundaries. Chairman Selich believed this is an opportunity to address all of Newport Center and involve all property owners in the planning process; take the lead in long -range planning; comprehensively address all of the General Plan Amendments and urban design issues; develop a specific plan for Newport Center with development regulations; and develop a Master Environmental Impact Report (EIR). He stated that funding may come from contributions from consultant assistance and major property owners with a possible future reimbursement procedure for property owners that are taking advantage of the Master EIR. Chairman Selich believed Council support would be beneficial so that the Commission can set up a committee to work with staff in developing this concept. Regarding other projects, Chairman Selich stated that the Commission probably does not have the ability to become as involved as the Newport Center project. Chairman Selich commended staff on its accomplishments with the Coastal Commission for the LCP application. He reported that a recommendation is forthcoming from EDC concerning the airport area and that it is consistent with what is being discussed today. This is another opportunity where the Commission can assist Council in trying to develop the framework for the Volume 52 - Page 404 INDEX City of Newport Beach City Council Minutes March 22, 1999 INDEX necessary coordination between all the different planning programs. Chairman Selich noted that the last recommendation is for the Commission to review the Capital Improvement Program. He believed that this could also bridge the gap between adopting a General Plan and actually implementing it. He reiterated the recommendations in the staff report. Council Member Ridgeway suggested that the Conexant and Koll Center projects follow a larger vision toward a larger policy. In response to Council Member Ridgeway's question regarding study sessions for EIR issues, Commissioner Ashley stated that the study sessions are strictly to find out more facts about the project. The project is not pre- approved by conducting study sessions. Chairman Selich added that it will be a Planning Commission study session and no formal public hearing process will take place at that time. He indicated that many cities do this because it helps to make a better plan. Commissioner Tucker discussed how this process was brought about and indicated that a guideline has not been devised yet. He stated that he has participated under the "study session" jurisdiction and that they are very valuable in the process. He emphasized that the importance is to get involved early so that information is received early. Regarding the visioning process, Council Member Noyes stated that he would like to determine the types of things the public wants in the City and that he is unsure if this is something that can be done in conjunction with the Planning Commission. Chairman Selich indicated that they have not been too involved in that aspect as he believed the new City Manager was to set the tone for that. Commissioner Ashley believed that residents should be used for this visioning process and not consultants. Council Member Ridgeway stated that Mr. Bludau needs a broad framework of what we think the City wants. Council Member Noyes suggested seeing what other cities have done and use their format. Council Member Debay expressed concern relative to the landowner who is losing tenants because there is not enough square footage. She wondered if this process would be creating a moratorium. She also asked about the time constraints. Chairman Selich stated that the City needs to continue conducting business during this process. Council Member Adams believed that this is a great approach and that he is very supportive. He requested that staff investigate what is needed to get this done. He noted that this will be a change in the Planning Commission's scope and requested that staff also look at the Council Policy Manual to make sure that they will not be doing anything that is contrary to current policies. Regarding staffing this type of endeavor, Assistant City Manager Wood believed there is not enough staff. She pointed out that they are planning to use an outside consultant to assist with the Koll Center project and will be requesting approval to hire another Senior Planner in next year's budget. Council Member Debay requested that a City Council study session be conducted to discuss updating the housing element as mandated by the State and to discuss affordable housing issues. Mayor Pro Tem Thomson stated • Volume 52 - Page 405 City of Newport Beach City Council Minutes March 22, 1999 I R"I that it was his understanding that landowners can try to extend their contract on the existing affordable housing facility. He thought that a member of Council should be involved with the Planning Commission study sessions to keep Council informed. Mayor O'Neil believed that the direction should be for the Planning Commission to report back to Council. In response to Council Member Ridgeway's questions regarding The Irvine Company's financial holdings in Newport Center, David Neish of Culbertson, Adams and Associates, stated that he is unsure if The Irvine Company has spent money on every property. He believed that, as far as Block 800 is concerned, the teacher's union and the Pacific Mutual buildings are owned by those two entities. Mr. Neish noted that The Irvine Company does have certain discretionary review over the future development of the Newport Country Club and many of the other businesses in that area, but not Block 400. Commissioner Ashley added that The Irvine Company has no restrictions on the Hyatt Newporter either. Mr. Neish stated that he believes this is a good process and that The Irvine Company is philosophically supportive of it. He indicated that the key thing the applicants would be interested in is that things continue to be processed, believing it is not Council's intent to set up a moratorium. Commissioner Gifford believed that the new process will result in the processes moving faster, things will stream into this process, and new things will move through the process more quickly. Additionally, this process will . lessen Council's burden and projects will come to Council in tune with the City's vision. Chairman Selich believed that what the Commission is proposing is reasonable and will take some of the burden off of Council. Further, Council has the Planning Commission who is willing to do this work. Motion by Mavor O'Neil to approve the suggested approach for Newport Center, and direct the Planning Commission and staff to develop a scope of work, budget and schedule, and meet with property owners; direct the Planning Commission to hold study sessions to provide early review and input on the Newport Dunes Hotel, Banning Ranch, Conexant, and Kell Center projects; direct the Planning Commission and staff to develop an approach for studying the interrelationships among the Newport Center GPA, and possible LCP update and the Airport Area specific plan; and direct the Planning Commission to review the proposed Capital Improvement Program for consistency with the General Plan prior to City Council budget hearings. Discussion ensued relative to budgeting the appropriate staff support so that this begins immediately. Ms. Wood believed that she and the Planning Director will need to meet with the property owners, not staff, and that having an additional staff person for the next budget will be sufficient. Council Member Ridgeway supports the motion but recommended that it be expanded to look at a General Plan Amendment for both the airport and . Newport Center areas. Volume 52 - Page 406 City of Newport Beach City Council Minutes March 22, 1999 Without objection, the motion PUBLIC COMMENTS - None ADJOURNMENT - 5:50 p.m. acclamation. The agenda for the Study Session was posted on March 17, 1999, at 2:35 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 52 - Page 407 INDEX • • 0 CITY OF NEWPORT BEACH City Council Minutes ®���� Regular Meeting March 22, 1999 - 7:00 p.m. INDEX STUDY SESSION — 4:00 p.m. [Refer to separate minutes] CLOSED SESSION CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Adams, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: Glover Pledge of Allegiance - Council Member Ridgeway. Invocation by Chief Chaplain George B. Vogel, VA Medical Center of Long Beach. • MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON - DISCUSSION ITEM): Council Member Adams requested a report on the use of the ball fields throughout the City. He stated that his request was prompted by a letter from the Kopicki's, after the City Council's decision on the Lincoln Athletic Field lights. Council Member Adams stated that he felt the City Council's decision was right in regards to Lincoln Athletic Field, but he feels that a use study would provide good information on how the various fields throughout the City are being used, and by which organizations. He stated that he hopes the information will be used by the City Council to set policy in regards to the use of the fields. Mayor O'Neil stated that there have been many inquiries recently about the possible installation of lights at Mariners Park. He stated that he knows of no proposal that is pending before the City. He confirmed with Council Member Adams that his request would include the lighting of the parks, but only with respect to the need for additional field time and nothing to do with the rumor regarding Mariners Park. Council Member Ridgeway requested that the study include a look at which parks are neighborhood parks and which are community -wide parks. 0 Council Member Debay requested that the study include a look at what Volume 52 - Page 408 City of Newport Beach City Council Minutes March 22, 1999 parcels INDEX City might be available to build new parks. • Mayor Pro Tem Thomson suggested that the City Council could hold a Study Session with staff and the Parks, Beaches & Recreation Commission to get ideas on park uses before a study is done. • Mayor Pro Tem Thomson announced the Newport Beach International Film Festival, taking place March 25 through April 4, 1999. He encouraged the community to take advantage of the event. • Council Member Debay stated that she has been meeting with Assistant City Manager Wood and working with the County on looking at regional housing needs assessment and the update of the housing element. She requested that the information be brought to the City Council at the Study Session on April 26, 1999. • Council Member Ridgeway requested that a future Study Session include a discussion on the congestion problem in Mariner's Mile. He suggested that there be some type of mitigation for Riverside Avenue and Tustin Avenue. • Mayor O'Neil reintroduced Homer Bludau in the audience, who will be the new City Manager beginning May 3, 1999. • Mayor O'Neil, referring to a letter he received from Odelle Mann with the Friends of the Library, announced that the used bookstore at the Central Library is in need of more books. Donors can bring books to the Central Library or call 759 -9667 to make arrangements for pick -up. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING (CLOSED SESSION) OF MARCH 8, 1999, ADJOURNED REGULAR MEETING (STUDY SESSION) OF MARCH 8, 1999, AND REGULAR MEETING OF MARCH 8, 1999. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTIONS FOR ADOPTION 3. Item removed from the Consent Calendar by Mayor Pro Tem Thomson. 4. Item removed from the Consent Calendar by Council Member Adams. Volume 52 - Page 409 • • • • City of Newport Beach City Council Minutes March 22, 1999 ORDINANCE FOR ADOPTION ORDINANCE NO. 99 -6 REGARDING ALLOWING OVERNIGHT VESSEL STORAGE ON BEACHES. Adopt Ordinance No. 99 -6 and approve the vessel storage agreement for Imua Outrigger Club. CONTRACTS AND AGREEMENTS 6. PROPOSED UNDERGROUND UTILITY DISTRICT NO. 15 — NEWPORT/ MCFADDEN INTERSECTION — 19TH STREET TO 32ND STREET). Schedule a public hearing for 7:00 p.m. on April 26, 1999 to determine whether or not an underground utilities district should be formed along Newport/Balboa Boulevard — McFadden Square intersection and Newport Boulevard from 19th Street to 32nd Street, using the procedure of Chapter 15.32 of the NBMC. UNDERGROUND UTILITIES ON LITTLE ISLAND ON BALBOA ISLAND (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 78). Approve Budget Amendment (BA -054) to appropriate an additional $4,517 from the General Fund to Assessment District No. 78, Account No. 7401- C5100297, to pay for the additional work required to carry the district through the public hearing and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with GFB- Friedrich & Associates to increase the amount of compensation by $4,517 from $24,950 to $29,467 and extend the agreement until June 30, 1999. 8. BALBOA ISLAND — PHASE 3 AND BALBOA PENINSULA STREET LIGHT REPLACEMENT (C -3205) — ACCEPTANCE AND COMPLETION. Authorize the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. MISCELLANEOUS ACTIONS 9. PLANNING COMMISSION AGENDA FOR MARCH 18, 1999. Receive and file. 10. RELOCATION OF OKAZAKI FRIENDSHIP SCULPTURE. Approve the relocation of the Okazaki Friendship sculpture from the City Hall site to the Central Library of the Newport Beach Public Library. 11. BUDGET AMENDMENT (BA -053) TO APPROPRIATE THE REIBER TRUST FUNDS OF $10,000 FOR THE SOLE PURPOSE OF PROMOTING CHILDREN'S SERVICES AT THE BALBOA BRANCH LIBRARY. Approve BA -053. 12. SPECIAL REFUSE COLLECTION FOR THE HARBOR VIEW AND NEWPORT HILLS ASSOCIATIONS AND APPROVAL OF BUDGET AMENDMENT (BA -052) IN THE AMOUNT OF $3,813.76. Approve special refuse collection request and BA -052. Volume 52 - Page 410 INDEX Ord 99 -6 /C -3259 Overnight Vessel Storage (38/62) Underground Utility District No. 15 Newport/McFadden Intersection (89) C- 3266BA -054/ Underground Assessment District No. 78 Little Island on Balboa Island (38/40/89) C -3205 Balboa Island - Phase 3 and Balboa Peninsula Street Light Replacement (38) Planning (68) Okazaki Friendship Sculpture (33) BA -053 Balboa Branch Library Donation (40/50) BA -052 Special Refuse Collection (40/44) City of Newport Beach City Council Minutes March 22, 1999 INDEX 13. ELECTRIC VEHICLE PROGRAM FINAL REPORT. Approve the final I Electric Vehicle Pro,& Volume 52 - Page 411 report and request for grant reimbursement for submittal to the South Coast (44) MW Air Quality Management District Mobile Source Reduction Council ($72,135.38). 14. ACCEPTANCE OF AMERICAN LEGION DONATION FOR ARCHES BA -055 BRIDGE FLAG PROGRAM AND APPROVAL OF BUDGET Flags for AMENDMENT. Accept a donation of $5,520 from the American Legion Arches Bridge (Post 291) for the purchase of flagpoles and American flags for the Arches (40/74) Bridge; and approve Budget Amendment (BA -055) to allow the City to purchase flags and flagpoles with the donation. 15. REPORT FROM THE AVIATION COMMITTEE RECOMMENDING C -2535 APPROVAL OF PROPOSED AMENDMENTS TO THE JWA Aviation Committee SETTLEMENT AGREEMENT TO MODIFY THE DEPARTURE NOISE JWA Settlement LIMITS CONSISTENT WITH THE RESULTS OF THE COMPARISON Agreement/Departure TEST CONDUCTED BY MESTRE GREVE & ASSOCIATES [Report Noise Thresholds From Chair Glover & Vice -Chair Adams]. Authorize the Mayor to (38/54) execute amendments to the Settlement Agreement modifying the departure noise thresholds consistent with Exhibit A to the staff report. 16. REPORT FROM THE AVIATION COMMITTEE RECOMMENDING C -2535 APPROVAL OF PROPOSED JWA SETTLEMENT AGREEMENT Aviation Committee STIPULATIONS TO EXTEND INTERIM CARGO OPERATIONS FOR JWA Settlement ONE YEAR UNDER CURRENT RESTRICTIONS, TERMS AND Agreement/Cargo CONDITIONS [Report From Chair Glover & Vice -Chair Adams]. Operations Authorize the Mayor to execute stipulations extending, for one year, interim (38/54) • cargo operations at JWA subject to current terms, conditions and restrictions. 17. FINAL TRACT MAP FOR SIX CONDOMINIUM UNITS — 738 TUSTIN Tract Map No. 15607 AVENUE. Approve Final Map of Tract No. 15607. 738 Tustin Avenue (TT) 18. Item removed from the Consent Calendar by Council Member Debay. S24. Item removed from the Consent Calendar by Council Member Noyes. S25. REDSTONE PLAZA — 1300 DOVE STREET (Ware & Malcomb Ord 99 -7 Architects, Applicant) — REQUEST TO PERMIT A 2,350 SQUARE Planning Commission FOOT ADDITION TO AN EXISTING THREE STORY COMMERCIAL Amendment No. 883 OFFICE BUILDING AND RELATED ON -SITE PARKING. Introduce Redstone Plaza Ordinance No. 99 -7, approving Amendment No. 883 and schedule public 1300 Dove Street hearing for April 12, 1999. (94) Motion by Mayor Pro Tem Thomson to approve the Consent Calendar, except for those items removed (3, 4, 18 and S24). Without objection, the motion carried by acclamation. Volume 52 - Page 411 City of Newport Beach City Council Minutes March 22, 1999 Is ITEMS REMOVED FROM THE CONSENT CALENDAR 3. VACATION AND ABANDONMENT OF A PORTION OF AVOCADO AVENUE LOCATED BETWEEN PACIFIC DRIVE AND WATERFRONT DRIVE IN THE CORONA DEL MAR AREA. Mayor Pro Tem Thomson stated that per the discussion regarding the item at the earlier Study Session, he is requesting that the item be withdrawn until additional information can be gathered by staff. Motion by Mavor Pro Tern Thomson to continue the item to April 12, 1999. Mayor O'Neil stated that many issues came up at the Study Session including the title and the need for more information. Terry Andrus, representing the homeowner Mrs. Wheeler, stated that he is not aware of the reason that the City Council wants to continue the matter, but he can work with the City if it has to do with the title. City Attorney Burnham stated that the City Council wants further information as to whether the City holds title to the property in fee or if the City simply has right -of -way. Without objection, the motion carried by acclamation. 4. COUNCIL POLICY MANUAL — POLICY CHANGES, AFFIRMATION OF STATEMENT ON INVESTMENT POLICY (F -1), AND FEE RESOLUTION. Council Member Adams suggested that the Statement of Investment Policy, F -1, not be updated until after the new City Manager begins employment with the City, since the investment authority delegated by the policy is made by the City Manager. Council Member Adams stated that he also has several other items in the policy that he would like to see addressed. He said that these include information provided in the monthly investment report, selection criteria for asset management services and a policy on fees for those services, and guidelines on municipal bonds to control interest rate risks. Acting City Manager Danner stated that the policy needs to be reaffirmed annually, but that there would still be time to do so if the City Council preferred to wait for the new City Manager. He concurred with Council Member Adams' suggestion that the minor changes be approved at the current meeting and that the policy be scheduled for review in sixty days. Assistant to the City Manager Kiff added that the changes discussed in the Study Session should also be incorporated into the motion. He stated that these included the change to the fee in K -3, Implementation Procedures for the California Environmental Quality Act, a corresponding change in the fee schedule and not making any changes to I -21, Public Library Community Room Use. Volume 52 - Page 412 INDEX Vacation & Abandonment/ Avocado Avenue (90) Res 99 -17 Council Policy Manual/ Investment Policy/ Fee Schedule (69/40) City of Newport Beach City Council Minutes March 22, 1999 INDEX Motion by Council Member Adams to approve the proposed changes to Council Policies A -2, A -3, B -1, C -1, J -1, J -2, J -3, J -4, J -5, K -3, K -6, L -12 and L -21 with an additional change to the fee in K -3 (Section F -2) from 15% to 50 %; reaffirm Council Policy F -1 as amended and request it be brought back to the City Council in sixty days for further review; and adopt Resolution No. 99 -17 relating to the City's Fee Schedule for 1999. Without objection, the motion carried by acclamation. 18. DREDGING IN NEWPORT HARBOR. Newport Harbor Dredging Council Member Debay stated that the staff report covers the dredging in (51) Newport Bay and the three agencies responsible. She announced that the dredging west of the Channel Bridge is being addressed and that the City is being proactive in regards to water quality in that portion of the bay too, due to lack of flushing in the area. Motion by Council Member Debav to direct staff to monitor and augment depth surveys regularly; in conjunction with the County of Orange, lobby the Army Corps of Engineers to assure they do timely projects in the lower harbor to maintain adequate navigational depth; and budget for and contract out as required the projects that are solely the City's responsibility. Without objection, the motion carried by acclamation. 524. SPECIAL EVENT PERMIT - ENDEAVOUR NORTH AMERICAN Special EventPermi* VOYAGE. No. 99 -31 (27/62) Council Member Noyes stated that he pulled the item to help notify the public of the cannon and musket fire portion of the event, which will take place the morning of April 16, 1999. Council Member Noyes also expressed his concern over the wording in the staff report about the possible negative impact regarding the area becoming unmanageable. Deputy Fire & Marine Chief Melum stated that "unmanageable" was used to make sure that the applicant knew to coordinate the activities with the Orange County Sheriffs Harbor Patrol. He added that the Newport Nautical Museum is anticipating a large turnout. Council Member Noyes also confirmed with a Daily Pilot representative in the audience that the event would be covered in the local newspaper. Mayor O'Neil agreed with Council Member Noyes that due to the recent experience with a special event at the Dunes, he wants the public to be aware of the shots beforehand. Council Member Ridgeway added that they will be cannon shots and not just shotgun shots, so they will be very loud. Motion —by Council Member Noves to approve the cannon musket fire portion of Special Event Permit No. 99 -31, as submitted by the Newport Volume 52 - Page 413 City of Newport Beach City Council Minutes March 22, 1999 0 Nautical Museum. Without objection, the motion carried by acclamation. PUBLIC COMMENTS - There were no public comments at this time. PUBLIC HEARINGS 19. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL FOR 1999 -2000 FISCAL YEAR. Assistant City Manager Wood stated that the City has received no written opposition to the renewal of assessment district. Mayor O'Neil opened the public hearing. Hearing no testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Noves to adopt Resolution No. 99 -18 confirming the levying of assessments for the fiscal year of April 1, 1999 to March 31, 2000; Without objection, the motion carried by acclamation. 20. PUBLIC HEARING TO CONSIDER THE ADOPTION OF • ORDINANCE NO. 995 AWARDING NONEXCLUSIVE SOLID WASTE COLLECTION FRANCHISES TO GREENLEAF GRADING COMPANY, THE LANE COMPANY, AND BRIGGEMAN DISPOSAL SERVICES. Mayor O'Neil opened the public hearing. Hearing no testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Adams to adopt Ordinance No. 99 -5 granting Non - Exclusive Solid Waste Franchises to Greenleaf Grading Company, The Lane Company, and Briggeman Disposal Services, Inc. Without objection, the motion carried by acclamation. 21. FY 1999 -2000 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION. Senior Planner Teague stated that the proposed change for the 1999 -2000 budget is a change in staffing. She stated that a consultant was used in previous years, but that the contract would not be renewed for the new fiscal year and staff would instead do the work. Senior Planner Teague stated that $200,000 is being set aside for underground design for utilities in the West Newport area. She stated that it was included on the list at the request of Council Member Debay and • would be a loan until the assessment district is formed. Volume 52 - Page 414 INDEX Res 99 -18 BID Balboa Village (27) Ord 99 -5 Non - Exclusive Solid Waste Collection Franchises (42) Res 99 -19 Community Development Block Grant (CDBG) (87) City of Newport Beach City Council Minutes March 22, 1999 Mayor O'Neil opened the public hearing. Hearing no testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Debav to adopt Resolution No. 99 -19 authorizing the City Manager to submit the FY 1999 -2000 application for CDBG funds and One Year Action Plan, with a decision on the $200,000 for the Peninsula/West Newport Underground Utilities Design to be made by the City Council at its meeting of April 26, 1999. Without objection, the motion carried by acclamation. CONTINUED BUSINESS 22. PUBLIC SIGNAGE PROGRAM FOR BALBOA PENINSULA. Assistant City Manager Wood stated that the second prototype was produced, but that staff is concerned that the dark background isn't visible enough. She said the sign design consultant also agreed that the sign should be larger. Council Member Debay asked about the example in the packet of a sign hanging sideways. Assistant City Manager Wood confirmed that it did represent the suggested hanging of the sign that would be placed at the corner of Main and Balboa. Council Member Noyes stated that he is not in support of the signs as presented. He thinks directional signs should be more sterile and simple, with more class. Council Member Noyes confirmed with Assistant City Manager Wood that the signs had been reviewed by the Ad Hoc Committee to Promote the Revitalization of the Balboa Peninsula (PROP), but that it had been some time since they did so. Council Member Adams stated that he feels that the new prototype is no improvement over the previous one. He questioned the credibility of the sign consultant, who criticized her own signs when she saw them in the field. He agreed that good guide signage is needed on the Peninsula, as well as throughout the City. He agreed with Council Member Noyes that visible, recognizable signs need to be created. Council Member Adams suggested that possibly Public Works should take on the task of looking at the sign needs throughout the City. He added that the Balboa Peninsula is in need of guide signage and could be looked at first. He stated that he would support decorative monument signage in Balboa Village. Council Member Ridgeway defended the sign designer by stating that the designer's prototypes were only meant to go in tight places and that larger signs would be used elsewhere. He agreed with Council Member Debay that the horizontal signage should not be used. He feels that the signs should be doubled in size and the arrows should be changed to more of a block type. He disagreed that the signs should be made more sterile. Volume 52 - Page 415 INDEX Balboa Peninsula Signage (68) 0 • City of Newport Beach City Council Minutes March 22, 1999 • Motion by Council Member Ridgewav to approve the signage program for Balboa Peninsula with pole signs doubled in size, the horizontal signs deleted and the block lettering maintained; and direct staff to install signs using Community Development Block Grant (CDBG) funds. The motion died for lack of a second. Council Member Adams agreed that something does need to be done for the Peninsula. Motion by Council Member Adams to direct staff to use the available Community Development Block Grant (CDBG) funds to replace and augment the standard signage on the Balboa Peninsula; and to evaluate the need for guide signage Citywide. Council Member Noyes added that directional signs need to be standardized, and he agreed that the current signs need to be cleaned up. With Council Member Ridgeway dissenting, the motion carried. CURRENT BUSINESS 23. NEWPORT BEACH JAZZ FESTIVAL BANNERS. Council Member Adams stated that he is concerned with the fact that the • request deviates from Council Policy L -16, Temporary Banners Extending Over the Public Right -of -Way, and from prior practice. He was concerned about setting a precedent for an event that doesn't contribute money to a charity or public entity. u Council Member Adams asked about the possible damage to the streetlight poles caused by the banner brackets and if there was a requirement for the applicant to repair the damage. Public Works Director Webb stated that it would be covered under the bonding. City Attorney Burnham added that Condition #4 requires the applicant to sign a Hold Harmless Statement. Council Member Adams stated that the condition only covers liability and not damage to the poles, Public Works Director Webb stated that language would be added to the permit to address the issue. Mayor Pro Tem Thomson expressed his concern about the advertising of a winery on the banners. He said the reason the banner policy was created was because of past problems with advertising private business. Council Member Noyes mentioned the LA Times advertising that was done for the Taste of Newport. Mayor Pro Tem Thomson stated that his concern has to do with an alcohol - related business being advertised. Council Member Adams stated that his concern lies with advertising a private enterprise on public streetlight poles. Volume 52 - Page 416 INDEX Jazz Festival Banners Newport Center/ Jamboree/MacArthur (74) City of Newport Beach City Council Minutes March 22, 1999 INDEX City Attorney Burnham stated that the policy was drafted to provide the City with as much protection as possible in terms of setting precedent over which applications for banners are approved and which are not. He explained that this was the rationale behind the City being a co- sponsor. Council Member Adams asked how the policy stops other private enterprises from advertising on public right -of -way. Public Works Director Webb answered Council Member Noyes question about the Taste of Newport banners by stating that the maximum number of signs (100) was permitted. Council Member Noyes suggested that maybe the Hyatt Newporter should be advertised rather than the winery. Council Member Adams stated that it would still be private business advertising, with no money from the event going to charity. Jeff Robertson, Director of Marketing for Ritz Entertainment, stated that Human Options does receive money from the event. He stated that the charity serves abused women and, last year, they received $5,000 from the event. City Attorney Burnham stated that the key component of the policy is for the City to become a co- sponsor of an event, where banners are permitted. He added that it is the co- sponsorship of the event that provides the City with the most protection for setting precedent in approving applications for banner installation. Council Member Noyes stated that the request is coming to City Council at a very late date. Mr. Robertson stated that he feels the City is benefiting greatly from the event. He stated that "Newport Beach" is included in the name of the event, as well as Glen Ellen Winery, the main sponsor of the event. He added that Rosalind Williams of the Conference and Visitors Bureau encouraged the event organizers to increase the event to a week -long event. He stated that they're doing quite a few big- ticket promotions outside of Newport Beach and that the event is providing great exposure for the City. City Attorney Burnham responded to Council Member Debay's question about the co- sponsorship responsibilities by stating that the co- sponsorship would not require any staff involvement. Council Member Debay agreed that the jazz festival provides great exposure for the City. Mr. Robertson responded to her question by stating that the event organizers would accept the City's co- sponsorship. Mr. Robertson responded to Mayor Pro Tem Thomson's question about the necessity of the banners to the success of the event by stating that the sponsors make the event. He said that the banners don't help sell tickets, but the sponsors need the exposure and won't continue sponsoring the event if they don't get the exposure. Mayor Pro Tem Thomson stated that he Volume 52 - Page 417 • • Pi is City of Newport Beach City Council Minutes March 22, 1999 would like to see some measurable benefit to banners. to display such Council Member Adams stated that he feels the banners are part of the pageantry of the event and that this is a great event. Council Member Noyes stated that he'd like to see a way to keep the event coming back to the City each year. City Attorney Burnham stated that there is no liability exposure associated with co- sponsorship of the event. Council Member Ridgeway is concerned that if these banners are approved, the City Council is setting precedent that private enterprise can advertise on public streetlight poles. He would prefer to approve the banners without the name of the winery on the banners. Mayor O'Neil stated that the event organizers need the name of the winery on the banners and that if the City co- sponsors the event, it distinguishes it from other commercial advertising without setting precedent. City Attorney Burnham confirmed that the City can select who it wants to co- sponsor more easily but it can't dictate who can post signs without setting precedent. Council Member Adams stated that he would like to co- sponsor the event. Council Member Debay suggested that the banners should be limited to 100 for thirty days. Mayor O'Neil added that the organizer would have to accept the co- sponsorship. Motion by Council Member Adams to approve the City's co- sponsorship of the event; and the installation of 100 banners for 30 days along Jamboree Road, MacArthur Boulevard and Newport Center Drive East/West with the staff recommended conditions for approval, conditioned upon the applicant accepting the City's co- sponsorship of the event. Mr. Robertson asked that the City allow the 150 banners, as requested. Council Member Noyes confirmed with Mr. Robertson that the winery has sponsored the event for six years without any banners. City Attorney Burnham confirmed for Council Member Ridgeway that co- sponsorship of the event by the City means that the City officially sanctions the event, but that there is no monetary obligation, no liability exposure and no legal obligation. City Attorney Burnham clarified further for Mayor Pro Tem Thomson that it is the key component in the policy that provides the City Council the authority to deny permits requested by individuals to install banners on City property. It can't be done by sign content. Volume 52 - Page 418 INDEX City of Newport Beach City Council Minutes March 22, 1999 INDEX Mayor Pro Tem Thomson confirmed with Council Member Adams that the motion included the conditions recommended by staff. Mayor O'Neil confirmed with Mr. Robertson that he would prefer 100 banners rather than none. With Council Member Ridgeway dissenting, the motion carried. MOTION FOR RECONSIDERATION Motion by Council Member Adams to reconsider Item #22, Public Signage Program for Balboa Peninsula. Without objection, the motion carried by acclamation. Motion by Council Member Adams to amend Item #22 to proceed with the proposed monument signs for the two gateway parks and Balboa Village. Without objection, the motion carried by acclamation. ADJOURNMENT - 8:05 p.m The agenda for the Regular Meeting was posted on March 17, 1999, at 2:35 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 March 19, 1999, at 3:25 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary Mayor City Clerk i Volume 52 - Page 419