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HomeMy WebLinkAbout01 - 7-12-99July 26, 1999 Agenda Item # 1 CITY OF NEWPORT BEACH City Council Minutes ®RAFT Study Session i6 July 12, 1999 - 4:04 p.m. INDEX ROLL CALL Present: Adams, Glover, Thomson, Ridgeway, Debay, Noyes, Mayor O'Neil Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In reference to Item #10 (Funding of Pro - Airport Support Organizations) and due to the recent signing of the petition for the Safe & Healthy Communities Initiative by Congressman Cox, Mayor O'Neil suggested that the City Council hold a Study Session in regards to the status of the El Toro airport. Mayor O'Neil suggested that a representative from the program office or the County be invited to attend the Study Session. He stated that everyone needs to be brought up to date on the status of the various issues, including the EIS's in Washington D.C., the EIR that the County is preparing, the bills in Sacramento and the initiative mentioned earlier. Mayor O'Neil requested that the City Manager coordinate with the County offices, the City Attorney and Deputy City Manager Ducey to present to the City Council the status of the El Toro airport issues. He added that he and Council Members Glover and Adams have been more involved and may be more informed on the issues, but he'd like to have a report presented to the full City Council. Council Member Noyes suggested that the Study Session also include a discussion on the new Ad Hoc City Council Airport Issues Committee's responsibilities and protocol. He stated that the Committee might be acting on the City Council's behalf without the full City Council's input or support. He added that he thought the Committee was created to get the City through the transition period of moving from one group of consultants to the new Orange County Airport Alliance, Citizens for Jobs & the Economy and Airport Working Group coalition. He suggested that the Committee may need to be sunsetted or that other council members should possibly be rotated through it. Council Member Debay stated her support for the City Council's funding of the pro- airport support organizations, but that she'd like more information on the educational direct mail program being proposed by the Citizens for Jobs & the Economy. She stated that she'd like to know how they're going to target their mailing, and requested that the information be provided in a staff report at a Study Session or directly from the consultant. Council Member Debay stated that she also wanted to ]snow how the monitoring of the contracts was going to be performed. Mayor Pro Tem Thomson suggested that the consultants, who will provide Volume 52 - Page 589 City of Newport Beach City Council Minutes July 12, 1999 2. the City Council with a presentation at the Study Session, prepare an executive summary of their particular programs. He stated that this will allow the City Council to make sure that efforts are not being duplicated and determine the direction that the support organizations are going. He also suggested that the decision on Item #10 not be made until after the City Council receives the additional information being asked for. Council Member Debay stated that she will provide an update at the evening meeting regarding the activities that took place in West Newport over the 4in of July weekend. She added that a meeting would be held with the Police Tactical Force later in the week that will produce additional information. At Council Member Ridgeway's request, City Clerk Harkless explained the noticing that is done for the City Council Study Sessions. She explained that the Study Sessions are noticed in the same way as the regular City Council meetings by posting the agendas on the City Hall bulletin board and sending a copy to Comcast and the Daily Pilot. She stated that Comcast posts the agendas on Channel 3 and the Daily Pilot publishes those items that have been marked as being of particular interest as a legal notice. She added that the agendas are also available on the internet. Mayor O'Neil stated that he would also announce the Study Session that will discuss the airport issues at the evening meeting. City Manager Bludau confirmed that the entire July 26, 1999, Study Session could be devoted to the airport issues discussion. Council Member Ridgeway requested that the August 9, 1999, Study Session include a review of the moorings, the rental fees and the tidelands administration. He added that the tidelands issue might also be included, as a follow -up to the item that was on a recent City Council agenda. Council Member Ridgeway requested that a future Study Session include a discussion on the enforcement of use permits and parking requirements at Lido Marina Village. He stated that the police have been called out to Lido Plaza and he thinks a Study Session would help to address the situation. He referred to a letter from Fritz Duda that discussed parking and harbor permit matters. He presented the correspondence to Assistant City Manager Wood. City Attorney Burnham brought to the City Council's attention a typographical error in the Traffic Phasing Ordinance staff report (Item #4). He stated that the error was on page 6 and that the "and" at the end of 15.40.030 B.2.d(ii)d should be an "or ". NEWPORT BEACH CONFERENCE & VISITORS BUREAU 1999 -2000 ANNUAL REPORT PRESENTATION. Council Member Noyes stated that the staff report did not include a copy of the agreement between the City and the Newport Beach Conference & Visitors Bureau (CVB). City Manager Bludau confirmed that there was an existing agreement, and Administrative Services Director Danner added that the agreement was extended for five years a couple years prior. Volume 52 - Page 590 INDEX C -2638 Conference & Visitors Bureau Annual Report (38) 0 City of Newport Beach City Council Minutes July 12, 1999 Council Member Noyes stated that he understands that the CVB gets 1% of the total Transient Occupancy Tax (TOT) of $7 million. With that information, he asked if any of the City Council members knew why the CVB budget was over $1 million. Council Member Ridgeway stated that it is not 1% of the tax collected, but 1% of the add -on to the hotel rate. Council Member Debay stated that she remembers a bonus being included in the agreement if the TOT collection was greater than the base year. Council Member Noyes stated that Council Member Debay's answer was correct and he was trying to make the point to the City Council that because the contract was not included with the staff report, it was unclear on what the City Council was approving. Council Member Noyes continued by stating that he also wanted clear information on how the agreement changed over the past ten years from the original agreement. He referred to verbiage in the original agreement that required that administrative and salary costs were not to exceed 30% of the total budget. He said that this requirement is no longer a part of the agreement, and that current administrative and salary costs are approximately 55 %. City Attorney Burnham stated that all amendments to the agreement have been approved by the City Council. Council Member Noyes commented that the report before the City Council is a report from the CVB and that no City staff report was included. Referring to the report, he added that he did not know if it was appropriate for the CVB to use unexpended prior year funds in the new fiscal year. And, Council Member Noyes stated that he didn't know if it was appropriate for the City to give the CVB 1% plus the bonus, but that the City Council should at least know what they're voting on. City Manager Bludau added that 1% of the TOT collected on the short -term private rentals in the City is also given to the CVB. Council Member Noyes stated that the total collected from the private rentals is $465,000. He stated that since the CVB receives money from the private rental TOT collections, the City Council might want to look at what the CVB does to service them. Administrative Services Director Danner clarified for Council Member Glover that the $22 million mentioned in the newspaper recently referred to the estimated total revenue produced from tourists for the City, and includes TOT and sales tax at restaurants. Administrative Services Director Danner stated that the Revenue Division produces information on who's a resident and who's a tourist that visits Newport Beach. Council Member Noyes mentioned that the revenue figures also include Volume 52 - Page 591 INDEX City of Newport Beach City Council Minutes July 12, 1999 INDEX parking citation collections. Rosalind Williams, PresidentICEO of the CVB, stated that she would provide the City Council with information on what the CVB's purpose is and specifically what occurred during the last fiscal year. She read the CVB's Mission Statement, and stated that the key objectives are to create a destination image for Newport Beach, to market Newport Beach as a destination for meetings and leisure travel, to represent the hospitality industry within the community to visitors and to provide member referrals. Ms. Williams stated that there are four areas that are focused on by the CVB and listed the first one as conference sales. She defined "Fam Tours" as familiarization tours that bring in qualified meeting planners, tour operators, the media and those that can project significant influence on those making a decision to travel to Newport Beach. She went on to list the areas of focus, as listed in the report, as tourism sales, public relations and membership programs. Ms. Williams stated that, during the past fiscal year, the CVB produced 299 conference leads, which means that the CVB provided the local hotels with 299 meetings that had the potential for coming to Newport Beach. She stated that the total value of the 299 leads was $43.5 million. She stated that the conference leads came from trade shows, familiarization trips, sales blitzes, telemarketing and advertising. Internationally, Ms. Williams stated that there was a slowdown in the Japanese market, so the CVB opened up the United Kingdom and Germany markets through receptive operators. Domestically, she said the CVB launched the summer rewards program with American Express. Ms. Williams reported that the CVB internet site has had inquiries from 1.5 million people since early Fall, 1998. She stated that the several guides that are produced by the CVB are distributed regularly to Anaheim -area hotels. She added that the CVB has also started taking a more regional approach to marketing Newport Beach. Ms. Williams stated that the CVB's public relations efforts tie everything together. She stated that Newport Beach received more than $800,000 in "free" press, which are articles and stories on Newport Beach that were not paid for with advertising dollars. Ms. Williams reported that the occupancy rate in Newport Beach over the year was 70 %, at an average rate of $137.92. Ms. Williams stated that the report provided to the City Council includes the CVB's 1999 -2000 Sales and Marketing Plan and the supporting budget. She stated that some new strategies have been implemented and the successful ones have been expanded. She stated that with over 12,000 new rooms planned for just Orange County, competition is fierce. She said that both Los Angeles and San Diego counties are also planning new hotels, and that the industry, overall, views the year in progress with cautious optimism tempered by mild concern. Volume 52 - Page 592 City of Newport Beach City Council Minutes July 12, 1999 Council Member Ridgeway asked about the $70,000 paid to American Express for the summer rewards program. Ms. Williams explained that $50,000 was paid by the CVB and $20,000 by its members. She stated that the promotion focused on Southern California and the responses are tracked via special rates or amenities offered to the participants. Ms. Williams confirmed for Council Member Ridgeway that by the end of September, the CVB should be able to quantify the total dollars received through the program. Council Member Ridgeway requested that the results be provided to the City Council. Council Member Debay asked Ms. Williams to provide information on what is occurring in other cities as far as their TOT rate, use of a visitors bureaus and marketing efforts. Ms. Williams stated that a report has been prepared that illustrates what other visitors bureaus throughout the state receive from TOT collections and that the amount varies. She stated that cities like Palm Springs and San Diego have huge budgets for attracting meetings and conferences, and it's difficult to compare Newport Beach to them. In the leisure market, she stated that Newport Beach can be easily compared to cities like La Jolla, Coronado, Santa Barbara and Santa Monica. She stated that Newport Beach's TOT of 10% runs about average, and the percentage of TOT that is received by visitor bureaus varies greatly. Ms. Williams stated that she feels that Newport Beach is underbudgeted, given the quality of the City. Ms. Williams referred to a previous statement about the percentage spent by the CVB on personnel, and stated that more money could be spent on either publications or staff, and she feels that the CVB has found a good mix of both. She stated that the sales and marketing activities have increased, and will continue to increase. She stated that the efforts of advertising would be unsuccessful if the phones weren't answered when people call. Referring to the summer rentals, Ms. Williams stated that from April to August, the CVB receives more inquiries for rentals on the beach than for anything else. In response to Council Member Noyes' question, Ms. Williams stated that the CVB refers customers to companies that handle the beach rentals and are members of the CVB. Council Member Noyes asked about the mission statement of the CVB and stated that it is different than the one in the most recent agreement. He stated that the mission statement in the agreement states that the CVB is to serve the needs of the visitors to the City, whereas the mission statement in the CVB report focuses more on generating overnight stays. Council Member Noyes feels that the City is not doing enough to promote to the visitors once they're here, and he feels that the CVB should spend more effort in this area. He also expressed his concern that the CVB's mission statement is not consistent with what the City Council has approved. Ms. Williams stated that the CVB Board's philosophy has been to generate overnight stays, which will supply people who will spend more money because they are in the City longer. She added that the CVB does produce Volume 52 - Page 593 INDEX City of Newport Beach City Council Minutes July 12, 1999 INDEX and distribute information to assist the visitor to the City. She stated that 100,000 visitor guides were printed and distributed last year. Council Member Noyes asked about the money not spent from last year's budget. Ms. Williams stated that Revenue Manager Everroad had indicated earlier in the year that there would be a decrease in the money coming to the CVB due to the hospitality business slowing down. Ms. Williams stated that with that information, the CVB Board made the decision to reduce spending at the end of the year and let that money carry over for the following year. Council Member Noyes asked if it was appropriate to save money from one year for the next. Administrative Services Director Danner stated that the City is obligated by the agreement to make the payment to the CVB and he feels that it then becomes their funds to spend as they see appropriate. Council Member Noyes recapped some of his main concerns, as stated earlier. He stated that the relationship between the City and the CVB was established on a 4 -3 vote in 1987, with Council Members Hart, Strauss and Sansone dissenting. He concluded by stating that informational kiosks and phone lines to assist the visitor should be expanded, and that the CVB would be the appropriate body to handle the improvements, possibly by working with a City Council ad hoc committee. Ms. Williams stated that the CVB is open to receiving specific suggestions. She added that the phone at the base of the Newport Pier rings straight to the CVB office, and that the phones at lifeguard headquarters also have the capability of being transferred straight to the CVB office. • Council Member Glover stated that Council Member Noyes has brought up a good point, and she said that Newport Beach is going to have to make some changes to compete, if tourism dollars are going to be relied upon in the future. She said that Fashion Island is not going to spend the money to promote itself and that Newport Beach doesn't have corporations to rely upon, and agrees with Council Member Noyes that the City needs to get the money from the visitors who are already here. She stated that Newport, Rhode Island is doing it right and capturing money once it's in the City. She concluded by stating that the City is going to have to really look at where future revenues will be coming from. Mayor Pro Tern Thomson stated that during a visit to the CVB earlier that day, he observed two people making an inquiry about taking a boat ride on the bay. He stated that the CVB employee did not do a good job at assisting the visitors. He suggested that the CVB's goal, and the City's, should be to better manage the City's beaches and bays. Mayor Pro Tem Thomson pointed out an error in the report, prepared for the City Council by the CVB, which listed The Coaster as a publication resource in the 1999 -2000 membership program. Be stated that The Coaster is no longer in business. Mayor Pro Tem Thomson expressed his disagreement with the CVB hiring a public relations firm, when the work could be done by the CVB itself. He also disagreed with the report stating that Newport Beach is not known outside of the state. He thinks Newport Beach is known and has something to offer. Lastly, Mayor Pro Tem Thomson asked how so Volume 52 - Page 594 City of Newport Beach City Council Minutes July 12, 1999 little could be budgeted for airfare when so much traveling is done. Ms. Williams apologized for the error of listing The Coaster in the report. She stated that although the CVB employee that Mayor Pro Tern Thomson observed earlier in the day was a new employee, she agreed that the response to the visitors was inappropriate. She clarified that the CVB promotes Newport Beach as a destination, but that specific business referrals are made to CVB members only. She stated that the relationship with a couple airlines allows the airline to be a member of the CVB, but instead of paying membership dues, they provide airline tickets. Ms. Williams stated that the use of a public relations firm is essential in getting coverage in some of the major publications, where experience is necessary. Mayor Pro Tem Thomson stated that the CVB has done a great job and that the City Council is only looking to improve things. Council Member Ridgeway stated that he is in support of the CVB and thinks there is room for improvement. He stated that he had some issues to discuss, but would do so at another time and hoped the previous comments were meant as constructive criticism. He stated that he, and he hoped everyone present, was only trying to make the CVB better. Dale McDaniel, immediate Past- Chairman of the CVB Board of Directors, stated that through his employment in the hotel industry, he has worked with nine different conference & visitor bureaus and he thinks Newport Beach's is the best. He stated that although the hotels in the area do want to attract conventions and conferences, they also rely upon the individual traveler. Mr. McDaniel stated that 60% of his hotel's business at the Hyatt Newporter comes from individual travelers, and he agreed that the incremental business from the visitors that do not spend the night needs to be addressed also. He stated that there needs to be a balance between the distribution of information to the visitor in town and promoting the area to potential visitors. Mr. McDaniel complimented the CVB staff for their work and he sees some decline in potential business coming, which means that the CVB will need the City's support. Mayor O'Neil congratulated Mr. McDaniel on his new assignment with the new Hyatt in Santa Lucia and thanked him for all he'd done for Newport Beach while working at the Hyatt Newporter. Council Member Noyes stated that with business down in the tourism industry, it is the perfect time for Newport Beach to seek new markets. He stated that Balboa Island produced a brochure that has been very effective in bolstering the area. Mr. McDaniel agreed that brochures are great tools for getting people to an area, but that it is more difficult to promote individual businesses. He added that Newport Beach is difficult to sell because people don't know about it. He thinks that the CVB's part in promoting golf tournaments, tennis tournaments and increasing national exposure is extremely important. Volume 52 - Page 595 18 Z 1 D/7 City of Newport Beach City Council Minutes July 12, 1999 INDEX Mayor O'Neil concluded the conversation by stating that he is on the CVB Board as ex- officio, so more closely associaWd with the CVB than some of the other council members. He stated that the enthusiasm from the group at their recent annual dinner was marvelous, and that the participation and membership is tremendous. He felt that the City Council appreciated the work of the CVB and that communication between the City and the CVB should maybe be increased. He suggested that representatives from the CVB meet with the City Manager to discuss the mission statement and maybe increase some of the goals, as discussed earlier. Mayor O'Neil thanked Ms. Williams for the presentation and wished Mr. McDaniel the best of luck, and hoped that they received the review positively. Council Member Noyes stated that he would like to see some of the paperwork issues corrected, and that most of his comments were directed at City staff. 3. STATUS REPORT ON DEVELOPMENT AGREEMENTS: Development Agreements TO CONDUCT AN ANNUAL REVIEW OF CURRENT No 4: C- 2823 -A DEVELOPMENT AGREEMENTS TO REVIEW THE APPLICANTS' No 5: C -2912 GOOD FAITH AND SUBSTANTIAL COMPLIANCE WITH EACH No 6: C -2920 AGREEMENT IN ADDITION TO THOSE TERMS AND CONDITIONS No 7: C -3058 REQUIRED OF THE CITY OF NEWPORT BEACH. No 8: C -3059 No 9: C -3067 A) NO. 4 (THE IRVINE COMPANY, LIBRARY EXCHANGE No 10: C -3152 AGREEMENT); No 11: C -3174 B) NO. 5 (HOAG MEMORIAL HOSPITAL PRESBYTERIAN); (38) C) NO. 6 (THE IRVINE COMPANY, CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT [CIOSA]); D) NO. 7 PACIFIC VIEW MEMORIAL PARK); E) NO. 8 (FORD MOTOR LAND DEVELOPMENT CORPORATION); F) NO. 9 (FLETCHER JONES MOTOR CARS); G) NO. 10 (NEWPORT HARBOR LUTHERAN CHURCH); AND H) NO. 11 (THE IRVINE COMPANY AND IRVINE COMMUNITY DEVELOPMENT COMPANY CONCERNING BONITA CANYON). City Manager Bludau stated that an annual review of all development agreements is required by the City's Municipal Code. Mayor O'Neil confirmed with Assistant City Manager Wood that compliance with all terms and conditions of the development agreements has been met. He added that the development agreements have different terms and conditions, and he understands that staff has met with the parties involved. Council Member Glover referred to the CIO'SA Open Space Dedications chart in the staff report for Development Agreement No. 6 and asked about the dedication of the trail and bluff area on the Upper Castaways property. Associate Planner Garcia responded that maintenance is taking place on the upper bluff trail and that when it is completed, the site will be dedicated. Council Member Glover confirmed with Associate Planner Garcia that compliance meant that although there may be outstanding issues, that the Volume 52 -• Page 596 u 0 City of Newport Beach City Council Minutes July 12, 1999 terms of the agreement are being met. Council Member Glover stated that the plantings on the bluff side of the fence are not compliant with what the City required. She stated that plants are being planted that are maybe pretty but are not appropriate to limit erosion of the Cliff. She requested that the City talk with Taylor - Woodrow. Council Member Glover added that the fence that has been installed by Taylor- Woodrow is made of cheap wood and should not be accepted by the City. Also, the plants on the trail were removed and the residents have planted new ones. Council Member Glover again wanted that issue looked into. Council Member Noyes commented about the topping of the trees on Lower Castaways, and was curious who did it. No answer was received. In reference to Development Agreement No. 9, City Manager Bludau stated his disappointment that the repayments from Fletcher Jones had not been received, and that staff is looking at ways to make sure development agreements are agreed upon by all departments. Mayor O'Neil suggested that Development Agreement Nos. 6 & 9 should be continued for further review of the issues that have been raised. Assistant City Manager Wood confirmed for Council Member Ridgeway that the repayment owed by Fletcher Jones is for the improvement to Bayview • Way, and that the City did not send the invoice, last year. She added that she does not feel that Fletcher Jones has been out of compliance, but that the City failed to make the billing. Assistant City Manager Wood commented on the dedication of the trail on the Upper Castaways property. She stated that the offer to dedicate was made but that the City will not accept the dedication until the property is in the right condition for the City to accept it for long -term maintenance. Associate Planner Garcia confirmed this and added that many of the improvements are related to the finalizing of the tract map. She said that the Public Works Department is aware of the issues. Council Member Glover stated her concern that people think it is the City that has made, or approved, the changes to the site, which is not the case. She said that she is receiving many complaints. Carol Hoffman, The Irvine Company, confirmed that The Irvine Company did make the offer of dedication for the Upper Castaways site, in compliance with the development agreement. She stated that the acceptance has not come as quickly as expected, but that the Public Works Department wants to resolve all issues before accepting it. Council Member Glover stated that Taylor - Woodrow must replace the fence. Ms. Hoffman referred to the CIOSA Open Space Dedications chart in the staff report, and stated that the Freeway Reservation parcel was included in the park site that was acquired through Mello -Roos and the joint powers Volume 52 - Page 597 INDEX City of Newport Beach City Council Minutes July 12, 1999 authority. She stated that the site was purchased on March 18, 1999 and is now owned by the City. She also stated that the deferred maintenance on the Newport Village parcel has been completed. Motion by Mayor O'Neil to determine compliance on all Development Agreements, except for No. 6 - pending further review of the issues raised. Without objection, the motion carried by acclamation. PUBLIC COMMENTS - None. ADJOURNMENT — 5:28 p.m. The agenda for the Study Session was posted on July 7, 1999, at 2:40 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 598 INDEX 0 CITY OF NEWPORT BEACH City Council Minutes ®���� Regular Meeting July 12, 1999 - 7:00 p.nL INDEX PUBLIC FACILITIES CORPORATION MEETING — 4:00 p.m. [Refer to separate minutes] STUDY SESSION — 4:00 p.m [Refer to separate minutes] CLOSED SESSION — 5:30 p.m. — None. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Adams, Glover, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: Thomson Pledge of Allegiance — Council Member Debay. Invocation by Reverend Father Sean Condon, Our Lady Queen of Angels Church. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON - DISCUSSION ITEM): • Council Member Glover asked if there was a policy to have one staff member present on Council meeting day for each staff report and have that staff member identified on the agenda. Mayor O'Neil stated that everyone is proud of Newport Beach resident Lindsay Davenport who won both the singles and doubles titles at the 1999 Wimbledon Tournament. He reported that she plays tennis at the Palisades Tennis Club and that her manager indicated that she is out of the area for the next couple of weeks. Mayor O'Neil suggested that Council present Ms. Davenport with a proclamation or have a "Lindsay Davenport Daffy." He also reported that Ms. Davenport is the No. 1 seated female tennis player in the world. • Mayor O'Neil announced that, during the study session, Council discussed general airport issues and instructed staff to invite representatives from the County and various airport support groups to the July 26 study session to give Council an update on the El Toro airport effort. • Council Member Debay reported that Council talked briefly about the Fourth of July holiday at the study session. She indicated that a complete report will be forthcoming in August from the Police Department but announced that arrests were up from last year. She provided statistics on the various incidents that Volume 52 - Page 599 City of Newport Beach City Council Minutes July 12, 1999 INDEX occurred over the holiday weekend and the number of visitors that came to the area. She also indicated that suggestions to handle the holiday crowds will also be included in the report. • Council Member Ridgeway introduced the President of the Balboa Performing Arts Theater Foundation, Dayna Pettit, who introduced the new Executive Director Michele Roberge to Council. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR (STUDY SESSION) AND REGULAR MEETING OF JUNE 28, 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. RESOLUTION FOR ADOPTION 3. KEY AND MANAGEMENT EMPLOYEES' COMPENSATION. Adopt Res 99 -49 Resolution No. 99 -49 authorizing salary adjustments for Key and Key & Management Management employees and modifying the monthly contribution for health Compensation insurance to $425. (66) ORDINANCE FOR ADOPTION 4. TRAFFIC PHASING ORDINANCE — PROPOSED AMENDMENTS TO Ord 99 -17 CHAPTER 15.40 OF THE NBMC, TRAFFIC PHASING ORDINANCE, Traffic Phasing TO PROVIDE THAT CIRCULATIION SYSTEM IMPROVEMENTS Ordinance REQUIRED FOR A DEVELOPMENT ARE ROUGHLY (26) PROPORTIONAL TO THAT PROJECT'S IMPACT, TO MODIFY THE DEFINITION OF FEASIBLE IMPROVEMENT, TO ESTABLISH A THRESHOLD FOR TRAFFIC IMPACTS THAT REQUIRE CIRCULATIION SYSTEM IMPROVEMENTS AND TO CHANGE THE NUMBER OF AFFIRMATIVE VOTES NEEDED TO OVERRIDE THE PROVISIONS OF THE ORDINANCE TO 5 /7THS OF THE MEMBERS ELIGIBLE TO VOTE. Adopt Ordinance No. 99 -17. Noting that he was the only "no" vote at the last meeting, Council Member Ridgeway announced that he will be supporting this to show Council unanimity even though he has reservations. He stated that he is hopeful that the application will be fair and reasonable to everyone. CONTRACTS AND AGREEMENTS 5. BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT: ALLEYS C -3249 233, 234 AND 228 D & E — COMP3LETION AND ACCEPTANCE OF Balboa Peninsula CONTRACT (C- 3249). a) Accept the work; b) authorize the City Clerk to Alley file a Notice of Completion; and c) authorize the City Clerk to release the Improvement bonds 35 days after the Notice of Completion has been recorded in (38) Volume 52 - Page 600 City of Newport Beach City Council Minutes July 12, 1999 INDEX accordance with applicable portions of the Civil Code. 6. MARINER'S LIBRARY ROOF REPLACEMENT — COMPLETION AND C -3241 ACCEPTANCE OF CONTRACT (C- 3241). a) Accept the work; Mariner's Library b) authorize the City Clerk to file a Notice of Completion; and c) authorize Roof Replacement the City Clerk to release the bonds 35 days after the Notice of Completion (38) has been recorded in accordance with applicable portions of the Civil Code. 7. 1998 -99 SIDEWALK, CURB AND GUTTER REPLACEMENT — C -3227 COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3227). 1998 -99 Sidewalk, a) Accept the work; b) authorize the City Clerk to file a Notice of Completion; Curb & Gutter and c) authorize the City Clerk to release the bonds 35 days after the Notice Replacement of Completion has been recorded in accordance with applicable portions of (38) the Civil Code. MISCELLANEOUS ACTIONS 8. PLANNING COMMISSION AGENDA FOR JULY 8, 1999. Receive and Planning file. (68) 9. APPOINTMENT OF ROYAL RADTKE AS THE REPRESENTATIVE Economic FOR THE CORONA DEL MAR CHAMBER OF COMMERCE Development POSITION ON THE ECONOMIC DEVELOPMENT COMMITTEE Committee (EDC) (EDC). Approve appointment. (24) 10. Removed from the Consent Calendar at the request of Council Member Noyes. 11. BUDGET AMENDMENT (BA -001) IN THE AMOUNT OF $47,584.17 TO BA -001 INCREASE REVENUE ESTIMATES BY DONATIONS GIVEN TO THE Library LIBRARY AND APPROPRIATE TO PURCHASE LIBRARY Donations MATERIALS AND OFFICE EQUIPMENT. Approve budget amendment. (40/50) 12. BUDGET AMENDMENT (BA -002) IN THE AMOUNT OF $1,018 TO BA -002 INCREASE REVENUE ESTIMATES BY A REIMBURSEMENT CLAIM Library TO THE LIBRARY FROM THE DEPARTMENT OF EDUCATION AND Reimbursement APPROPRIATE TO PUBLICATIONS, TRAVEL, MEETINGS AND (40/50) TRAINING. Approve budget amendment. 13. CITY SUPPORT OF H.R. 1036 (CAPPS) RELATING TO OPPOSING H.R. 1036 DEVELOPMENT OF OFFSHORE OIL LEASES ON THE OUTER Offshore Oil CONTINENTAL SHELF. Authorize Mayor to sign letter in support of H.R. Leases 1036 (Capps). (48) 14. PROPOSED REVISIONS TO COUNCIL POLICY A -2, BOARD AND Council Policy A -2 COMMISSION APPOINTMENTS. Approve proposed revisions. (69) 15. FY 1999/2000 CULTURAL ARTS GRANTS. Approve the recipients as Cultural Arts outlined in the staff report for Cultural Arts Grants FY 1999 /2000, totaling Grants $40,000, as selected by the City Arts Commission in accordance with City 'Recipients Council Policy I -12 (Reserve Fund for Culture and Arts). (62) Volume 52 - Page 601 City of Newport Beach City Council Minutes July 12, 1999 INDEX 16. OCTOBER 11, 1999 COUNCIL MEETING. Approve the cancellation of 10/11/99 Council i the regularly scheduled meeting of October 11, 1999 in order to attend the Meeting is annual League of California Cities Conference and also attend the Cancellation installation of Council Member Jan Debay as President of the Orange (33) County League Division. Motion by Council Member Debay to approve the Consent Calendar, except for the item removed (10). The motion carried by the following roll. call vote: Ayes: Adams, Glover, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Abstain: None Absent: Thomson ITEM REMOVED FROM THE CONSENT CALENDAR 10. FUNDING OF PRO- AIRPORT SUPPORT ORGANIZATIONS. Pro - Airport Funding Council Member Noyes noted that Council will conduct a study session to (54) discuss the El Toro airport issue and believed that Council needs a two week continuance prior to allocating the funds. He stated that he needs to be absolutely certain that there will be a coordinated effort. Motion by Council Member Noyes to continue this issue for two weeks. Council Member Ridgeway pointed out that Council has the Council Airport Committee consisting of Mayor O'Neil and Council Members Adams and Glover. He expressed faith in them and believed that they brought this to Council with due deliberation. He indicated that he will not be supporting the motion because he feels it is appropriate to allocate the funds tonight and that he is very supportive of moving forward. Council Member Ridgeway emphasized that in light of newspaper articles, especially regarding Congressman Chris Cox signing the initiative, he wanted to send a strong message to Congressman Cox and Senator Ross Johnson that Council supports an airport at. El Toro. Mayor O'Neil emphasized that Council is united in their resolve to make sure that John Wayne Airport (JWA) does not expand and pointed out that the only way that this is assured is if the El Toro airport is built. Mayor O'Neil stated that he understands that one or more Council members might need more time, but explained that he will not be supporting the motion because he believes that the City needs to begin funding the groups' first activities. He pointed out that there will be an opportunity to review funding for additional support in the future but this can be discussed further at the study session. Council Member Glover stated that she will not be supporting the motion and highlighted her involvement with airport activities throughout the years. She indicated that the opposition is in control at LAFCO and that Volume 52 -- Page 602 City of Newport Beach City Council Minutes July 12, 1999 many things have slid over the years. Council Member Glover stated that Mayor O'Neil has taken a strong lead in the airport issue and established an Airport Committee; however, the City has not sent out a good mailer in 2.5 years. She indicated that there will be an international airport somewhere in the County, whether at El Toro or at JWA, and emphasized that the effort needs a united Council who is working to move forward. She assured that Council is doing everything publicly and strategically they know how to do. Council Member Debay agreed with Council Member Glover and expressed shock with Congressman Cox's action. She reported that Council had to rely on a three - Council committee to review this issue because of the Brown Act. She indicated that the staff report is only one page and requests Council to approve a large allocation. She stated that she supports a continuance because there are many questions she has about the mailer, particularly regarding the expense and strategy, and that she hopes to see a consultants' proposal at the study session. Council Member Debay believed that a continuance is not hurting the City's efforts in getting an airport at El Toro since she is only asking for more information. She expressed the opinion that the City's efforts are probably falling behind because it looks like this is only a Newport Beach issue and noted that last year the Orange County Regional Airport Authority (OCRAA) and the Orange County Airport Alliance (Alliance) were successful in getting other cities from North County to support the effort. Council Member Debay expressed the opinion that more money should be spent to outreach to other city councils rather than to send out mailers. She noted that many people may just throw mailers away and that she is just trying to find other ways of getting the message out. Council Member Adams noted that Council also has a system of oversight with the airport organizations. He stated that he is on the Airport Working Group (AWG) and the OCRAA•board; Council Member Glover is on Citizens for Jobs and the Economy (CJ &E); and Mayor O'Neil is on the Alliance board. He indicated that they have been reviewing these organizations' funding requests and proposals over the past months. Noting that the Airport Committee also had concerns with coordination, he pointed out that the Airport Committee urged all these groups to work together and strongly recommended that they also work with the County to ensure that they have a strategic campaign. Council Member Adams stated that he is convinced that the coordination exists and that he would not be supportive of continuing this issue since the City is slipping behind in the fight. He noted that the airport budget is $900,000 and that tonight's issue is to appropriate $380,000 between AWG, CJ &E, and the Alliance with the stipulation that Council makes a commitment to continually fund these groups and that they receive Council oversight. He noted that the City spent $1.3 million on the airport issue last year. Mayor O'Neil clarified that the motion does not mean there is not unanimous support for having an airport at El Toro, but just indicates that more information is desired. He expressed the opinion that an educational mailer program is needed. . Council Member Noyes emphasized that there is no question that every member of Council supports an airport at El Toro. He indicated that, Volume 52 - Page 603 INDEX City of Newport Beach City Council Minutes July 12, 1999 INDEX because time is running out, it would be good to take a step back and go into a study session in two weeks to deliberate and come up with the strongest approach possible since this is the most important issue facing the City. Charles E. Griffin, 732 Bison Avenue, :stated that the City has been supporting the County's runway configuration and expressed the opinion that the current runways are too close and unsafe because they intersect. He noted that he has been proposing widely- spaced, parallel runways over the past 1.5 years. Mr. Griffin also suggested generating a mailing list of email addresses to send out airport information. Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, stated that the New Millennium Group lobbied the County to get a master plan, community- friendly alternative included in the draft EIR because the Group has a solution. He expressed the opinion that the City would be wasting its money if they hire consultants to repeat the mailing efforts done by South County. He believed that the New Millennium Group offers a solution that removes the jets, creates a safer /quieter airport, and can be built by the County. He suggested supporting this alternative and only launching the campaign once their solution is the master plan for the County. Council Member Glover assured that the Airport Committee has been working on this issue for months and that the staff report is not a reaction to Congressman Cox's actions. Barbara Lichman, 1320 Mariners, Executive Director of the Airport Working Group, reported that AWG was formed 17 years ago to support the City and work in concert with the City on airport issues. She noted that there are deadlines and can only move ahead with timely help from the City. She demonstrated the AWG's support by having its members stand and noted that the attendance is due to a short -notice mailer. She believed that Council has the support and the expertise in their efforts. She assured that the funding will be well-spent and in complete concert with Council's efforts. Tom Naughton, 1700 Port Margate Place, stated that he sent Congressman Cox correspondence expressing the group's disappointment with him signing the initiative since this took a stand against the airport efforts. He indicated that the letter questions Congressman Car's intentions and gave him an opportunity to remove his name from the initiative. He noted that the letter also stated that Congressman Cox has been dodging the issue by stating that the property should be sold to the highest bidder. He reported that Congressman Cox wrote back and indicated that he did not share AWG's position in every respect since they are content with a government -run airport. Mr. Naughton disagreed with this, believing that a privately -owned airport would be a better and feasible approach even though there has never been a privately -owned airport in this country. He indicated that Congressman Cox, in March, favored an airport at El Toro but not a County. run airport. Mr. Naughton asked at what point would it be appropriate to go out to bid for private ownership. In response to Council Member Debay's questions, Mr. Naughton believed that a mailer could change his mind because there is so much • misinformation being mailed. He added that the airport is perfectly safe and Volume 52 - Page 604 City of Newport Beach City Council Minutes July 12, 1999 follows FAR -121 requirements. He stated that the groups' know their role in the effort and that there has been enough dialogue that they understand what each group will accomplish with the mailers. Mayor O'Neil added that Council and legal counsel will be approving and reviewing the mailers prior to them being mailed. Tom Wall, 2900 Park Newport, No. 229, Executive Director of the Orange County Airport Alliance, stated that he is prepared to come back at the study session but assured that they are working to try to coordinate the efforts. He reported that the Alliance created the only documentary evidence of the flight demonstration that was held during the weekend in June and provided each Council member with a copy of the video. He stated that the video shows that eight aircraft carriers, flying seven different types of aircrafts, were able to operate safely and efficiently with weights of up to 85% of the mass gross take -off weight and using the arrival/departure procedures that were approved by FAA. Mr. Wall noted that this is the type of educational program the Alliance wants to create for the future. Council Member Debay commended Mr. Wall on his debate against Irvine Council Member Dave Christensen on cable television. She indicated that she also supports the two week continuance because she would like to see more funding go to the Alliance. Mr. Wall noted that the efforts of AWG and CJ &E are part of a coordinated plan and that there is no simple tool to use since the audience could be receptive to either mailers, cable television, or public presentations. Bonnie O'Neil, 314 Morningstar, Airport Working Group, emphasized that the mailers are just a part of what they are trying to accomplish and that it is difficult to not counter the misinformation that is being sent by the other side. She reported that the AWG is trying to educate Orange County with the facts and invited Council and the public to a program that will address in more depth some of the airport issues on Thursday, August 12, 1999, from 6:30 -8:30 p.m. at the Central Library. She announced that the public can ask questions between 6:30 -7:00 p.m. and then the presentation will begin at 7:00 p.m. Ms. O'Neil urged Council to give these groups as much money as can be afforded because, if an airport is not built at El Toro, the bigger battle will be the expansion of JWA. She expressed the opinion that the El Toro battle will be easier to win, noting that there already is a plan on the Supervisor's desk to make JWA an international airport. If this happens, she believed the quality of life in the City will be destroyed. Mayor O'Neil added that the increased population of this area will lead to the need for more air transportation and air cargo. He emphasized that the City is willing to accept its fair share of providing air transportation needs to the region but South County needs to be willing to accept its fair share of the burden also. He expressed the opinion that a two - airport system could work well. Ms. O'Neil stated that a JWA survey indicated that most of the passengers were from the South County area. Council Member Noyes stated that he is asking for the continuance because he was amazed about how misinformed some Newport Beach residents are. He believed that Council cannot ignore the Congressman Cox incident and Volume 52 - Page 605 I IN 0 City of Newport Beach City Council Minutes July 12, 1999 INDEX that the staff report was distributed prior to Congressman Cox making his announcement. Council Member Noyes expressed the opinion that Council needs to figure out how to answer the incident. Derek Lesson, 20342 SW Cypress, Santa Ana Heights, stated that his area takes a big brunt of the noise and traffic of the area than the people closer to the beach. He expressed his support for Council and all their efforts. Reporting that it is being negotiated that only Stage 4 Jets will be permitted to fly out of Orange County in 2005, he believed that the airlines need to pay the price for flying these types of jets. He also suggested that South Orange County residents pay a higher user fee to help pay for some of the burden. Jerry Russell, 1251 Santiago, urged Council to fund the groups tonight and not continue the issue because a lot can happen in two weeks. He noted that the anti - airport group is working non -stop and will not be taking two weeks off. He believed that no one has felt the fire underneath them because they have not felt threatened, but assured them that people will feel threatened if JWA expands. He stated that more effort needs to go into making people more concerned. Mayor O'Neil agreed that it is time for the citizens of Newport Beach to "wake up and smell the jet fuel," but it may be too late if the airport is not approved at El Toro. He stated that the Congressman Cox incident may have awakened some people. He agreed that the City's quality of life will be in serious trouble if JWA expands. Bill Meyer applauded Council for their efforts toward getting an airport at El Toro. He stated that he is a retired airline pilot and that the existing configuration of the airport is not a viable solution since there are many safety issues to consider when intersecting runways are involved. He suggested using the long runway with the addition of displacement thresholds for landing and takeoff. Mr. Meyer expressed his support of an airport at El Toro but not in its current configuration. Richard Taylor, Airport Working Group, pointed out that Council cannot address the configuration issue but can adilress funding for the pro - airport movement. He reiterated that Newport Beach is not trying to displace the burden to another part of the County but is just asking them to share the burden. He believed that Congressman Cox and Supervisor Tom Wilson feel that they have the votes in South County and do not need Newport Beach's support. He stated that the AWG, CJ &E, Alliance, and City are looking to Council for leadership on this since this whole airport issue is coming down to the initiative being voted on in eight months. Mr. Taylor reported that South County has over $14 million committed to this fight. The motion failed by the following roll call vote: Ayes: Debay, Noyes Noes: Adams, Glover, Ridgeway, Mayor O'Neil Abstain: None Absent: Thomson Motion by Mayor O'Neil to approve the recommendation of the City Council Airport Committee to award grants of $30,000 to the Orange County • Airport Alliance, $200,000 to Citizens for Jobs and the Economy, and Volume 52 - Page 606 City of Newport Beach City Council Minutes July 12, 1999 $150,000 to the Airport Working Group. At the request of Council Member Ridgeway, Mayor O'Neil recessed the meeting at 8:10 p.m. so that Council Member Ridgeway could confer with Mayor O'Neil and the City Attorney. Mayor O'Neil reconvened the meeting at 8:17 p.m. Mayor O'Neil reported that Council established the Airport Committee several months ago after it was decided to terminate the contracts with the consultants and support the pro - airport groups. He indicated that the Airport Committee was specifically assigned the duty of meeting with the various pro - airport groups, receiving their grant requests, and making a recommendation to Council; and assured that there has been a great deal of thought behind this recommendation. He pointed out that the staff report from the Airport Committee regarding the Alliance's $173,000 grant request was only half a page and was approved by Council. Mayor O'Neil believed that the City cannot make public every detail of the game plan because it would inappropriately be disclosing the plan to the other side. He reiterated that there is a Council Member on each of these groups to oversee their efforts and that Council and legal counsel will be given the opportunity to review the mailers prior to them being sent. Council Member Debay stated that it is important that Council look united and that everyone knows that Council is deeply concerned about the airport issue. She indicated that she will support the motion. Council Member Noyes hoped that the same level of input will be received at the study session and that Council receives a more broad -based approach that takes all the recent events into consideration. He indicated that he agrees with Council Member Debay that everyone is united in the El Toro airport goal. The motion carried by the following roll call vote Ayes: Adams, Glover, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Abstain: None Absent: Thomson • Wolf Stern, member of the National Spiritual Assembly of the Baha'is of the United States, stated that the equality of men and women is a great concern of the National Spiritual Assembly of the Baha'is of the United States. He likened men and women to wings of a bird since a bird cannot fly unless both wings are equal. He expressed delight with this generation because of the progress that has occurred in arriving at the equality of men and women. He believed that there is a widespread acceptance of equality but yet full equality has not been achieved. Mr. Stern asked Council for assistance in urging residents to help achieve total equality in marriage, education, the job market, society, and politics, and provided Council with a pamphlet that discusses the equality of men and women. Volume 52 - Page 607 INDEX City of Newport Beach City Council Minutes July 12, 1999 INDEX • Jim Hildreth, 120 Grand Canal, requested the opportunity to speak on the issue regarding his residential pier mooring which the Fire and Marine Department will be bringing to Council on July 26. City Manager Bludau stated that he thought that the issue was resolved because he was told that Mr. Hildreth agreed with staff. Mr. Hildreth provided Mr. Bludau with his telephone number to discuss the subject further. • Solly Shatzen, 414 Vista Trucha, stated that he has been a real estate agent since 1975 and a real estate broker since 1978. He indicated that he has been pleased with how the City conducted property inspections over the last 20 years. He reported that Jim Sinasek conducted thorough, mandatory inspections at a cost of only $24 to inspect about 17 safety items. However, in 1998, the City changed the guidelines to only inspect a few items at a cost of $132, expressing the opinion that this was to the detriment of the homebuyers. He described an incident involving a City inspector that he and his clients experienced and indicated that he filed a claim against the City so that his clients would be reimbursed for the costs they incurred in fixing the violations that the City inspector did not find. • Grant Dietz, 118 24th Street, requested that Council reconsider their June 28 decision to remove the volleyball court at 24th Street and move it to 25th Street; and to keep the volleyball court permanently at 25th Street rather than possibly removing it in the future. He expressed the opinion that the issue is not a residents vs. volleyball players issue, but a residents vs. residents issue. He indicated that he has a petition consisting of 319 resident signatures who want that volleyball court to stay (43 are from business owners in the area) and over 320 signatures from non - residents who really enjoy having the volleyball court at that location. Mr. Dietz stated that he reviewed the 70 -page staff report from the last meeting. He noted that there were very few people who wanted the court removed and an equal amount who wrote, in requesting that the court remain at its current location. He expressed the opinion that Council received a lot of misrepresented facts specifically regarding the volleyball courts displacing sunbathers; play occurring at all times; play creating an unreasonable amount of noise; and about it being dangerous. He requested that Council or someone from staff observe this court and watch the activity. • Marty Capune, 207 Canal Street, stated that there are a lot of stickers on City signs and demonstrated how to remove them. He indicated that this does not take a lot of time and that he has virtually rid his area of all the stickers. • Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, New Millennium Group, believed that the best way to achieve the E1 Toro airport is to have Charles Griffin assisting the City. He stated that Mr. Griffin designed an excellent plan which the County included as an alternative in the EIR and added that Mr. Griffin is constantly meeting with political people. He hoped that people will support the New Millennium Group's efforts, believing that they are the best solution for the dollar even though they have not asked the City for any funding. • Charles E. Griffin, 732 Bison Avenue, stated that he has been volunteering his time and resources to search for a feasible, viable compromise to the E1 Toro Volume 52 - Page 608 0 City of Newport Beach City Council Minutes July 12, 1999 airport issue. He believed that the solution to mitigate the negative impacts is to reorient the runways and redirect flights over undeveloped, public land rather than over South County communities. He expressed the opinion that this alternative creates a win -win compromise for the pro - airport leaders, commercial airline pilots, and South County residents; and that this alternative is safer than the current intersected runway configu ration. PUBLIC HEARINGS 17. VACATION AND ABANDONMENT OF A PORTION OF OLD NEWPORT BOULEVARD LOCATED IN THE NEWPORT HEIGHTS AREA. Mayor O'Neil opened the public hearing. Council Member Glover stated that the proposed vacation and abandonment is in her district. She indicated that she is requesting that this item be continued because she was unable to meet with staff. She believed there are a lot of extenuating circumstances and that the area has not been planned very well. Motion by Council Member Glover to continue the public hearing to the July 26, 1999, Council meeting. Vance Collins, 3216 Clay Street, applicant, reported that the property is between the park and Orange Street, and affects four properties. He stated that the property is triangular- shaped, was originally part of the four surrounding properties, and was deeded to the City for the construction of Newport Boulevard but the City did not take advantage of the property. He requested that the property continue to be used in its current manner and reported that the surrounding property owners installed a sidewalk in which the property is behind. Council Member Glover indicated that she has a meeting with Mr. Collins during the week. The motion carried by the following roll call vote: Ayes: Adams, Glover, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Abstain: None Absent: Thomson 17. 6200 WEST OCEAN FRONT VACATION AND ABANDONMENT OF A PORTION OF OCEAN FRONT RIGHT-OF-WAY IN EXCHANGE FOR A 15 -FOOT ALLEY DEDICATION. Mayor O'Neil opened the public hearing Council Member Debay stated that the applicant, Mr. Atkins, contacted her and, after receiving clarification, suggested that the construction of the drive approach on 62.d Street be approved, but delete the part in which Mr. Atkins deposits $4,000 towards the construction of the 62 °d Street street -end Volume 52 - Page 609 INDEX Vacation & Abandonment Old Newport Blvd. (90) Res 99 -50 Vacation & Abandonment 6200 West Ocean Front (90) City of Newport Beach City Council Minutes July 12, 1999 INDEX improvements. She explained that the City is finishing the street -end and ocean front street -end improvements during the next fiscal year using encroachment fees. Council Member Debay also expressed hope that Mr. Atkins considers signing a petition for the undergrounding, noting that he is in favor of that. Motion by Council Member Debay to adopt Resolution No. 99 -50 ordering the vacation and abandonment of a 15 foot width of right -of -way along West Ocean Front adjacent to 6200 West Ocean Front; direct the City Clerk to have the resolution recorded in the office of the County Recorder concurrently with the 15 foot wide alley Grant of Easement provided by the owner of 6200 West Ocean Front once :required deposits and sureties have been provided by Mr. Craig Atkins; and approve the construction of a drive approach on 62nd Street. Craig Atkins, 6200 West Ocean Front, stated that he agrees with Council Member Debay's request and believed that he already signed the petition. He indicated that he does not mind paying for the alley improvement behind his house as long as his neighbors have done the same and presented Council with a photo of the alley that depicts that his neighbors probably have not improved their portion. Council Member Debay stated that Mr. Atkins is trading the alley space to the City for the City's ocean front space and that, since Mr. Atkins' house blocks the alley, some of the neighbors have not made their improvements. Transportation Manager Edmonton stated. that, through the assessment . district process, the remaining property owners could be compelled to improve their portion of the alley since a majority of the alley has already been improved. Council Member Debay requested that staff bring this issue back to Council. Mr. Edmonton hoped that he could talk with the property owners first but will include that in a report. There being no further testimony, Mayor O'Neil closed the public hearing. The motion carried by the following roll call vote: Ayes: Adams, Glover, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Abstain: None Absent: Thomson MOTION FOR RECONSIDERATION i Council Member Ridgeway stated that he received a petition from residents near the 25th Street volleyball court requesting reconsideration of the relocation. Motion by Council Member Ridgeway to bring the 25th Street volleyball court issue back for reconsideration. Following discussion, the motion carried by the following roll call vote: Ayes: Adams, Glover, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Volume 52 - Page 610 L� e City of Newport Beach City Council Minutes July 12, 1999 Abstain: None Absent: Thomson ADJOURNMENT - 9:05 p.m. in memory of former Mayor Phil Sansone's wife, Nadine Sansone. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ The agenda for the Regular Meeting was posted on July 7, 1999, at 2:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 4DCity Clerk is Recording Secretary Mayor Volume 52 - Page 611 INDEX