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HomeMy WebLinkAbout01 - 11-14-2000City Council Meeting November 28, 2000 Agenda Item ll 1 CITY OF NEWPORT BEACH City Council Minutes DRAFT Study Session November 14, 2000 - 5:15 p.m. INDEX ROLL CALL Present: Thomson, Glover, Ridgeway, Debay, Mayor Noyes Absent: O'Neil, Adams (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR - None. ENFORCEMENT OF TREE ORDINANCE. City Manager Bludau stated that the item is on the agenda at the request of Council Member Glover. He stated that the issues include how the City will take enforcement actions, what policies will be used and what procedures will take place when someone cuts down a City tree on City property. He stated that the Deputy City Attorney would go over the process and the problems involved. Deputy City Attorney Ohl stated that the staff report covers how the City determines which trees are City trees and how the City meets with an individual who cuts down such a tree. He stated that an evaluation report, prepared by General Services, and other issues that might be involved are looked at by the City Attorney's office, and that all of this is taken into account when trying to determine a resolution of the matter. Deputy City Attorney Ohl added that no cases have been submitted to the District Attorney's office for criminal prosecution, and that it would be unlikely that they would pursue them anyway. Deputy City Attorney Ohl stated that two matters, in the past, were taken to court, and the judges ruled that the City would only be entitled to the cost to replant the trees. He stated that this has become the basis for how the City has operated. He stated that the staff recommendations include that the City continue with the civil enforcement, get input from the City Council on the level of reimbursement to seek, pursue court action if the compensation is not received and pursue District Attorney involvement for more extreme cases. Council Member Glover asked what the City's action is if an individual destroys other City property, such as a restroom at the beach. Deputy City Attorney Ohl stated that they are probably arrested and the District Attorney is involved. City Attorney Burnham confirmed for Council Member Glover that the District Attorney's office would most likely be involved, as it is the entity that would make the decision to file any charges. Council Member Glover further confirmed that the individuals are being arrested because they have destroyed City property. Volume 53 - Page 670 Enforcement Tree Ordinance (62) City of Newport Beach Study Session Minutes November 14, 2000 INDEX City Manager Bludau asked if the value of the property is taken into consideration. City Attorney Burnham stated that it could be a factor in the District Attorney's determination whether to proceed with the charges or not. Police Captain Henisey stated that there are two elements to the crime of vandalism, which include the intent to cause the damages and the actual damages themselves. He stated that $5,000, or more, worth of damages makes the crime a felony instead of a misdemeanor. He added that the key issue to the District Attorney is if criminal intent can be established. Council Member Glover stated that the staff report includes a recommendation to educate the public about City -owned trees. She stated her agreement to such an approach and asked if this would give the City a greater chance of having the District Attorney involved in cases of illegal tree removal. She asked about the difference in value between destroying a City tree or a City restroom. Captain Henisey stated his belief that the District Attorney would probably not find criminal intent, in most cases, if the individual stated that they didn't know that the tree was City property. Council Member Glover stated that individuals in her district have hired non - English speaking workers to cut down City trees and nothing can be done about it until after the tree has been removed. She suggested that the District Attorney be educated on the fact that destruction of a City tree is destruction of City property. Additionally, Council Member Glover stated her support for educating the public and her belief that it would put the City in a better position, since individuals would have greater difficulty pleading innocence. She also suggested that the Daily Pilot be used in the education process. Council Member Glover stated that she does believe that many individuals are not aware that they may have cut down a City tree. She expressed her support for saving the older trees in the City. Mayor Noyes asked about the tree inventory that was planned for Newport Heights. General Services Director Niederhaus stated that a complete inventory of City trees was completed the prior year, and included a total of 30,000 trees. Additionally, Mayor Noyes asked about the fines that were discussed previously for illegal removal of City trees. City Attorney Burnham stated that once an individual has made a threat to remove a City tree and has subsequently been noticed by the City, it makes it easier for the City to pursue the maximum fine. General Services Director Niederhaus added that the notice to the individuals includes the authority and the penalty for removing a City tree without appropriate approvals. Council Member Glover stated that the Parks, Beaches & Recreation Commission has done a good job at keeping trees from being removed. Deputy City Attorney Ohl confirmed that his office works with the General Services Department in meeting with the individuals that have illegally removed trees. He stated that it is going better and there appears to be more cooperation in seeking a fair reimbursement. Council Member Ridgeway asked how the City would pursue a small claims Volume 53 - Page 671 City of Newport Beach Study Session Minutes November 14, 2000 11017�►7 action. Deputy City Attorney Ohl stated that staff would handle the matter, and specifically, the City Attorney's office would prepare the documentation and General Services staff, usually Urban Forester Conway, would present it to the judge. Council Member Ridgeway additionally commented on vandalism cases. He stated that they are generally malicious in nature, while tree removals are not. He added that District Attorneys are extremely reluctant to file anything in the criminal courts that does not include maliciousness. He stated his support for the recommendations in the staff report. Council Member Ridgeway asked for the General Services Director to briefly report on the City's urban forest numbers ten years prior, five years prior, today and where he thinks it's going in the future. General Services Director Niederhaus stated that there were approximately 15,000 City trees ten years prior. He added that the City is the only city in the County that has applied for, and received, a grant for approximately $60,000 to aid in the replanting of trees. He stated that, additionally, the City has done several other things and has a contract to have City trees trimmed for $39 each. He pointed out that the City's tree population is aging, which adds to the cost of maintaining the trees. General Services Director Niederhaus concluded by stating that he expects the City's urban forest to continue to grow, but not as quickly as it has in recent years. Council Member Ridgeway confirmed that it would cost approximately $38,000 to trim back the palm trees on Marguerite Avenue. He encouraged that this be done. Additionally, he confirmed that the City's urban forest inventory only includes trees on public property. Council Member Ridgeway mentioned the new trees at the corner of Farallon Drive and Newport Center Drive. General Services Director Niederhaus stated that the trees that ring around Fashion Island are a part of the City's inventory, but are maintained by The Irvine Company. He added that there are requirements on new development in regards to parkway trees. He stated that tree management in the City has become tighter over the prior year and will help to make the urban forest grow. Council Member Ridgeway confirmed with General Services Director Niederhaus that the pine trees at One Ford Road are on private property behind the curb line. He additionally confirmed that the City does not have an inventory or count of the trees on private property in the City. General Services Director Niederhaus guessed that it would be an additional 30,000 trees. Council Member Ridgeway stated that the City's public trees and private trees combine for a nice appearance in the City. Council Member Debay asked if a communications specialist was going to be used as a part of the education process. City Manager Bludau stated that the City Council did not approve a new full-time communications specialist position, so the City contracted with the Gladstone Company. He stated that they were only used for the new refuse container requirements, and that staff was not satisfied with the results or cost. He stated that a new recommendation would be brought to the City Council at a future meeting. Council Member Debay suggested that possibly the new position could be used for the tree education also. Volume 53 - Page 672 City of Newport Beach Study Session Minutes November 14, 2000 �`11�111 City Manager Bludau asked if the inventory included the age of the trees. General Services Director Niederhaus stated that the value of the trees is included in the inventory. He stated that the evaluation given to the City Attorney's office includes the age, size, species and condition, which are used to formulate the value of the trees for reimbursement purposes. General Services Director Niederhaus added that the value of the City's urban forest is approximately $63 million, with trees being valued anywhere between $200 and $20,000. Mayor Noyes complimented the tree trimming that is currently being done in the City. In response to Council Member Glover's question, General Services Director Niederhaus stated that he hopes to have a report to the Parks, Beaches & Recreation Commission at their December meeting regarding the status of a new grant that the City has applied for. He stated that it does look favorable. City Attorney Burnham stated that he understands that the City Council wants staff to pursue voluntary reimbursement where appropriate and also an education program, but asked for City Council direction on the pursuance of criminal filings when the City feels that it can establish criminal intent. Captain Henisey added that there may be circumstances when malicious intent should be dealt with and he does feel that the Police Department could put together a case. He stated that once the District Attorney is involved, it is the District Attorney who decides on the reimbursement and, additionally, a portion of it would go to the State. He stated that this should be taken into consideration. Council Member Glover confirmed with Captain Henisey that there are situations where documentation can be produced to show intent and maliciousness. Mayor Noyes received general agreement from the City Council that they agreed with the five recommendations in the staff report. Council Member Ridgeway reminded everyone that the ultimate goal is to receive 100% reimbursement for the planting of a specimen tree. Mayor Noyes agreed with Council Member Glover's concerns about the destruction of trees. PUBLIC COMMENTS Council Member Debay stated that a recently passed proposition on the bal involved not sending nonviolent narcotic violators to jail. She pointed c that the Peninsula and some older parts of town have a number of grc homes, and she wondered how this proposition would affect the City. Cour Member Debay suggested that staff study the issue, so that the City prepared to deal with any problems that might arise. Volume 53 - Page 673 City of Newport Beach Study Session Minutes November 14, 2000 Council Member Ridgeway stated that in the 1970'x, there was a program called CRC, California Rehabilitation Center, which took qualified drug addicts and put them into a jail setting for rehabilitation. He added that he felt that the new proposition would involve a jail setting also and not rely on the use of group homes. ADJOURNMENT - 5:50 p.m rrrrrrrrrrrrrrr�xrrrrrr�rr�xrr The agenda for the Study Session was posted on November 8, 2000, at 5:50 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 53 - Page 674 INDEX CITY OF NEWPORT BEACH City Council Minutes Regular Meeting R /1 Fr November 14, 2000 - 7:00 p.m I� INDEX STUDY SESSION — 5:15 p.m. [Refer to separate minutes] CLOSED SESSION — 5:50 p.m. CLOSED SESSION REPORT PRESENTED — None. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Absent: None Pledge of Allegiance - Council Member Thomson. Invocation by Dr. Richard Todd, Saint Andrews Presbyterian Church. Proclamation declaring December 13, 2000 as "Automobile Club of Southern California Day". Proclamation awarding special recognition to Sergeant James Kaminsky, Officer Michael Pule, and the members of the Newport Beach Police Department for their outstanding community policing efforts while improving conditions in and around Talbert Park. Continued to the November 28, 2000 Council meeting. Proclamation recognizing Leah Robertson for her accomplishments and selection as the "C" Junior Lifeguard of the Year 2000, for the State of California, from the City of Newport Beach, and the Newport Beach Fire Department. Proclamation declaring December 2, 2000 as "Aaron Peirsol Day". Presentation of books in celebration of Children's Book Week. Mayor Noyes announced that the County Board of Supervisors will be placing the beginning process for extending the John Wayne Airport (JWA) Settlement Agreement on their November 21, 2000 agenda. He reported that Supervisor Tom Wilson brought this forward and that the agreement would extend the current restrictions for an additional 20 years, expiring December 31, 2025. He expressed his thanks to the City Council for its diligence and indicated that they adopted a resolution to ask for this to happen. Council Member Glover added that they have been working on this for quite a while and reported that she met with the Supervisors, along with Mayor Noyes and Council Member O'Neil, about beginning the Environmental Impact Report and to explain what the City is trying to achieve. Volume 63 - Page 675 City of Newport Beach City Council Minutes November 14, 2000 Council Member Glover stated that she has been the Chair of the Aviation Committee for 3 or 4 years and that the Committee is supportive of the extension and the El Toro efforts. Mayor Noyes added that they have also met with the City's neighbors to the south and with officials from ETRPA (El Toro Re -Use Planning Authority). He indicated that they will not oppose the City's request for the extension and that Supervisor Wilson has consistently opposed an airport at El Toro and a JWA expansion. Council Member O'Neil stated that he is proud of Council since everyone has had a role in initiating this process and since they all believe that the extension is extremely important to the City's quality of life. Mayor Noyes announced that any questions can be directed to the City Attorney's office (644- 3131). CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEM): With the passage of the Greenlight initiative, Council Member Ridgeway requested that staff bring back a report regarding the guidelines for implementation and composition of an ad hoc committee at the November 28 Council meeting. Following discussion, it was the consensus of Council to bring back a report at the next meeting for discussion and then have the new City Council hear the issue again at the December 12 meeting. A decision regarding the composition of the ad hoc committee and how they will be appointed can be made at that time, and the committee appointments can take place during the remainder of the year so the members could be seated for the new year along with the other commissions and committees. Mayor Pro Tem Adams announced that the City has a committee that is formulating an approach for a General Plan Update. He stated that they meet the Mondays before Council meetings at 4:00 p.m. at the Central Library and that their next meeting is November 27. He welcomed anyone who is interested in that process to attend the meetings. Council Member Thomson congratulated the three new Council Member - elects Gary Proctor (District 2), Steve Bromberg (District 5), and John Heffernan (District 7). CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF OCTOBER 24, 2000. Waive reading of subject minutes, approve as written and order filed. INDEX 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. EXTENSION OF AD HOC OIL AND GAS COMMITTEE. Adopt Res 2000 -91 Volume 53 - Page 676 City of Newport Beach City Council Minutes November 14, 2000 INDEX Volume 53 - Page 677 Resolution No. 2000 -91 extending the tenure of the Ad Hoc Oil and Gas Ad Hoc Oil and Committee for two years. Gas Committee (24) 4. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT Res 2000 -92 DISTRICT 2000 ANNUAL REPORT AND DISTRICT RENEWAL. Restaurant 1) Approve Restaurant Association Business Improvement District 2000 Association BID Annual Report; and 2) adopt Resolution of Intention No. 2000 -92 to levy and (27) set the public hearing for December 12, 2000. 5. Removed at the request of an audience member. 6. INCREASE IN ZONING PLAN CHECK STAFF AND CHARGES FOR BA -015 PLAN CHECK SERVICES. 1) Approve Budget Amendment (BA -015) to Ord 2000 -24 increase Salaries and Benefits in Division 2710 (Planning) by $32,760 and Res 2000 -94 Capital Outlay by $5,000; 2) introduce Ordinance No. 2000 -24 approving an Zoning Plan amendment to Chapter 3.36 of the NBMC pertaining to the recovery of costs Check Staff & for Title 20 Plan- Check; and 3) adopt Resolution No. 2000 -94 amending the Plan Check City's Fee Schedule as it relates to Title 20 Plan Check. Charges (40/66) 7. MODIFICATIONS CITY ATTORNEY CONTRACT. Adopt Resolution C- 3003/Res 2000 -95 No. 2000 -95 adjusting the compensation paid to the City Attorney. City Attorney (38) 8. ORDINANCE NO. 2000 -25 AMENDING CHAPTER 12.66 - PRIVATE Ord 2000 -25 ROADS, OF THE NEWPORT BEACH MUNICIPAL CODE. Introduce Private Roads/ Ordinance No. 2000 -25 amending Chapter 12.66 of the Newport Beach Baypointe Municipal Code to apply provisions of the California Vehicle Code to private Apartments roads in the Baypointe Apartments Development and updating sections of (85) Chapter 12.66; and pass to second reading on November 28, 2000. ORDINANCES FOR ADOPTION 9. MODIFICATION TO ADULT ENTERTAINMENT ORDINANCE. Adopt Ord 2000 -21 /Adult Ordinance No. 2000 -21. Entertainment (27) 10. BALBOA PENINSULA SIGN REGULATIONS. Adopt Ordinance Ord 2000 -22 No. 2000.22 approving Amendment 907. PCA 907 (94) CONTRACTS AND AGREEMENTS 11. PROFESSIONAL SERVICES AGREEMENT FOR APPRAISAL OF C -3388 HARBOR USES WITH GEORGE HAMILTON JONES, INC. Approve a Appraisal of professional service agreement with George Hamilton Jones, Inc. of Newport Harbor Uses Beach for $55,000. (38) 12. Removed at the request of an audience member. 13. TRANSPORTATION CONGESTION RELIEF FUND (AB2928) - BA -012 ACCEPTANCE OF FUNDS. 1) Approve acceptance of AB2928 AB2928 Transportation Congestion Relief Funding in the amount of $539,054 from Transportation the State of California; and 2) approve a budget amendment (BA -012) to Congestion increase revenue estimates by $539,054 for Traffic Congestion revenues into Relief Fund Account No. 190 -4807 and $15,000 for anticipated additional interest (40/85) Volume 53 - Page 677 City of Newport Beach City Council Minutes November 14, 2000 earnings into Account No. 190 -5400. 14. Removed at the request of Council Member Debay. 15. Removed at the request of Council Member Glover. MISCELLANEOUS ACTIONS 16. PLANNING COMMISSION AGENDA FOR NOVEMBER 9, 2000. Receive and file. 17. Removed at the request of Mayor Pro Tern Adams. 18. REPLACEMENT OF TRAINING COMPUTERS. 1) Approve the replacement of ten (10) training computers; 2) approve an increase to the MIS budget ceiling of $5,000; and 3) approve budget amendment (BA -011) in the amount of $20,000. 19. Removed at the request of Council Member Ridgeway. Motion by Mavor Pro Tern Adams to approve the Consent Calendar, except for those items removed (5, 12, 14, 15, 17, and 19). The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None ITEMS REMOVED FROM THE CONSENT CALENDAR 5. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT 2000 ANNUAL REPORT, DISTRICT RENEWAL, AND INTRODUCTION OF AN ORDINANCE TO 1) MODIFY THE BOUNDARIES OF THE ASSESSMENT DISTRICT; AND 2) RENAME THE ASSESSMENT DISTRICT. 1.1017 �►7 Jim Hildreth, 120 The Grand Canal, expressed the opinion that it looks like the City intends to raise revenue for these businesses but believed they are not working in the businesses' best interest. He stated that privatizing trash pick -up for the businesses has already hindered them quite a bit and added that he would like to see businesses remain on Marine Avenue. Noting that realtors generate a lot of revenue to the City, he wondered if the City is trying to "bite the hand that feeds them" by asking them to pay more in fees. Motion by Council Member O'Neil to 1) approve Marine Avenue Business Improvement District 2000 Annual Report; 2) adopt Resolution of Intention No. 2000 -93 to levy; 3) introduce Ordinance No. 2000 -23 to modify the Assessment District boundaries, to rename the Assessment District, and confirm Intention to Levy; and 4) set a public hearing on the ordinance and renewal of the District for December 12, 2000. Volume 53 - Page 678 Planning (68) BA -011 Training Computers (40) Ord 2000 -23 Res 2000 -93 Marine Avenue BID /Assessment District (27/89) City of Newport Beach City Council Minutes November 14, 2000 12. 14. The motion carried by the following roll call voto: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None BAYSIDE DRIVE PARKWAY IMPROVEMENTS (C -3320) COMPLETION AND ACCEPTANCE. Jim Hildreth, 120 The Grand Canal, stated that he would like to see something that guarantees their work and would also like to see them maintain their work to ensure that their sprinkler system works for a certain amount of time. City Manager Bludau noted that the Faithful Performance Bond, that is to be released one year after Council accepts the project, covers the concerns mentioned by Mr. Hildreth. Motion by Mayor Pro Tom Adams to 1) accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one year after Council acceptance. The motion carried by the following roll call vote Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None WEST NEWPORT SOUND WALL TRANSPARENT PANEL REPLACEMENT -AWARD OF CONTRACT (C- 3358). Council Member Debay reported that the West Newport sound wall panels have gotten very opaque after 11 years. She thanked staff for bringing this forward while she was still on Council; however, pointed out that the budget only allows for the replacement of 2/3 of the panel and asked if there was a way to fund the full replacement. City Manager Bludau indicated that they could find the funding if that is what Council wants to do. Council Member Debay indicated that the additional funding would total $63,000. Public Works Director Webb stated that, since the request would change the main quantity by over 25 %, the bidding parties are not required to hold to their price and could ask for a change. Further, some of the other bidders may believe they could have given the City a better price if they were able to do the project. He indicated that he thinks the project may need to be rebid and stated that this would probably be awarded at the first meeting in January. City Attorney Burnham stated that they understand Council's desire and will try to work with the contractor to achieve this objective. Mr. Webb Volume 53 - Page 679 1.1017 �►7 C -3320 Bayside Drive Parkway Improvements (38) C -3358 West Newport Sound Wall Transparent Panel Replacement (38/40) City of Newport Beach City Council Minutes November 14, 2000 added that the price may be less than $60,000. He indicated that the Uity may be able to do the change if Council modified the recommendation by authorizing a larger budget amendment and awarding the contract with direction to negotiate a change order to install additional panels to complete the project. If this cannot be done, staff will bring this back to Council for further direction. Motion by Council Member DebaY to 1) approve the plans and specifications; 2) authorize an $80,000 appropriation from the Gas Tax Fund to Account No. 7181- C5100563 (BA -013); 3) award the contract to A & M Construction with the direction that staff negotiate a change order to install additional panels to complete the project and authorized the Mayor and the City Clerk to execute the amended contract. Jim Hildreth, 120 The Grand Canal, suggested trying some of the television miracle products that claim they clear lenses. The motion carried by the following roll call vote Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None 15. AGREEMENT WITH SUTHERLAND TALLA HOSPITALITY TO DEVELOP PROJECT DESCRIPTION, PROCESS DEVELOPMENT PLAN, AND NEGOTIATE GROUND LEASE FOR MARINAPARK. In response to Council Member Glover's questions, Assistant City Manager Wood stated that the agreement is one step in the process and is in response to Council direction in August to prepare an agreement with Sutherland Talla to set the three year time period in which the City would work exclusively with them to develop a potential project for the site and to set the responsibilities for that time period. She pointed out that the agreement is not approving any kind of development or project and is not giving Sutherland Talla any guarantees that anything would be approved in the future. She emphasized that lease negotiations would begin only if a project is to be approved and pointed out that the City retains its full authority to approve, modify, or deny the project. "Skipper Tim" Bercovitz, 1240 "D" Balboa Boulevard, stated that he is a member of the Executive Board of American Legion Newport Harbor Post 291, and the Commodore of the American Legion Yacht Club. He requested that this item be continued until the next meeting since they were never notified that their interests were the subject of a vote tonight. He read the title from the agenda and noted that it does not even mention the Legion. He added that the map attached to the agreement erroneously describes the property which is occupied by the Legion as Marinapark, pointing out that they are only contiguous to the Marinapark Mobile Homes but are a completely different entity. Volume 53 - Page 680 IN 11 C -3389 Marinapark (38/73) City of Newport Beach City Council Minutes November 14, 2000 `l10111 Mr. Bercovitz emphasized that the staff report states that Council encouraged Sutherland Talla to work with the Legion and stated that the concerns of the Legion should be specifically addressed in the agreement. He indicated that they only became aware of the report today and asked if the Legion can be placed on a mailing list so they can be notified of future reports. City Attorney Burnham stated that the agreement establishes a process that gives Council sole and exclusive authority to determine what project would be considered for the Marinapark parcel. He indicated that he believes that Mr. Sutherland fully understands Council's direction regarding resolving issues with the Legion and noted that he told Council that the City does not have the legal authority to delegate the responsibility for zoning, planning, and project description decisions on City property to a third party. He stated that the agreement also establishes a process in which a draft project description is required to undergo at least one community forum sponsored by the City that includes Mr. Sutherland and all other interested parties. Mr. Burnham apologized for not sending a copy of the staff report to the American Legion as they are on the mailing list. Steven Sutherland, Sutherland Talla Hospitality, stated that he has had a number of meetings over the past two years with Legion officials, including current Commander Dennis Lahey. He indicated that he spoke with Mr. Lahey 10 days ago and tried to arrange a meeting with him and other Legion officials for last Friday, but it did not happen. He stated that he also spoke to Mr. Lahey today who told him he would not be attending tonight's meeting but agreed to arrange future meetings where they will continue discussions about the proposal, including the proposal for a new Legion facility that would be built and paid for by his company. He reported that the proposed Legion would still be on the waterfront and would allow them to maintain their yacht club and continue the festivities they have been putting on for the community. He stated that the agreement is the first step of many that started two years ago and expressed hope that it will be approved tonight. He pointed out that the City put out a Request for Proposal (RFP) for this property in November 1999, eight proposals were submitted and reviewed, further information was requested and supplied, and Council determined that only Sutherland Tells's proposal was complete. Mr. Sutherland reiterated that the approved agreement would be the first of many steps, adding that there would be many months of work involved in order to put together the resort project, including generating the site sections, all floor plans, elevations, roof plans, and scaled models. Following that, he stated that they would then conduct community outreach meetings and programs, come before Council again, and basically get a minimum of 10 approvals from City and State agencies. He added that, in addition to having the Legion in agreement with what they are proposing, the project would then be placed on a ballot to be voted on by the residents of the City. This would really be the final say as to whether or not a project will be built on that site. He requested that Council approve the agreement so they could at least begin this process, knowing full-well that it will be a long, hard process. Volume 53 - Page 681 City of Newport Beach City Council Minutes November 14, 2000 Mayor Noyes indicated that he is not inclined to continue this item because the City made it clear at the meeting a few months ago that this project would not happen unless the Legion approved the project and pointed out that Sutherland Talla realizes this. He stated that Council should do what they said they were going to do, which is to draft this agreement, adding that the Legion is not in any more jeopardy because of this agreement than they were before the agreement. Nancy Skinner, 1724 Highland Drive, expressed the opinion that the agreement being the first of many steps is the wrong first step. She stated that Council made it very clear that the very first step should be an agreement with the Legion and recommended denying the agreement with Sutherland Talla. Jim Hildreth, 120 The Grand Canal, stated that his grandparents and other family members were in the Navy and believed that the City should continue to pay respect to them by having a Legion. He pointed out that they have been moved once and do not need to be moved again. In response to Council Member Ridgeway's question regarding noticing requirements, Mr. Burnham stated that the City does not have any legal obligations to provide public notice of this agreement. He indicated that the agreement provides much more public participation in the development of a project description than the City has ever had before in any public project. He pointed out that, usually when the planning process begins, Council is presented with the project; however, in this situation, the community, users, and Sutherland Talla are going to develop the project description and then present it to Council. Council has every right to modify or deny the project. In response to Ms. Skinner's previous statement, Council Member Ridgeway reported that Council approved a two year lease extension agreement with the Legion at the last Council meeting. He expressed the opinion that it is going to be very difficult for Mr. Sutherland to reach a consensus, but indicated that he is satisfied that there are safety guards built into the process for the Legion. Motion by Council Member Ridk'eway to approve the agreement. Ufi5.9 Mayor Pro Tem Adams asked Mr. Sutherland why the agreement needed to be approved prior to beginning discussions with the Legion. He indicated that he was comfortable with the agreement, but wanted the explanation aired out at this meeting. Mr. Sutherland stated that Council's direction was that there would be no project without Legion support, which does not mean there would be no initial agreement without Legion support. He indicated that he has started work on the site plan for the 18th Street end of the property, including color renderings of what he is proposing for a new American Legion Hall. He noted that he has copies with him tonight, could provide one to Mr. Bercovitz, and has notified Mr. Lahey that they are complete. He stated that there is months of work to be done even before there could be complete agreement. Further, a true understanding of everything that is planned for the site cannot be reached without having all the information available. He expressed his understanding that he must Volume 53 - Page 682 City of Newport Beach City Council Minutes November 14, 2000 17 have the Legion in agreement with the project before any project is approved. Noting that the agreement is for three years, Mayor Pro Tem Adams noted that Mr. Sutherland could learn in two months that he has reached a stalemate with the Legion and expressed concern that the property would be tied up for three years. Mr. Burnham clarified that the agreement states that Sutherland Talla has 180 days to submit a draft project description to staff, staff and the community will then review it, the description is modified in response to community comments, and then it would come before Council. He noted that the agreement is clear that Council retains all of its discretion to do what it feels is appropriate with the parcel. Council Member O'Neil added that, under Measure S, the citizens could vote the project down if there is the perception that Council has not done its due diligence and has not properly reviewed the project through the entire process. He expressed the opinion that Sutherland Talla is taking a tremendous risk and spending a great deal of money with the full knowledge that this is what may happen to the project. Council Member Glover stated that she is not going to support the motion even though she believed that the project is a good project and the City should be proud to have a five star hotel. She noted that she has known the Sutherland family for About 16 years and added that she considers herself to be a capitalist and pro- business, and has great respect for Mr. Sutherland. However, she does not believe that this project will have community acceptance, which is something beyond just the Legion accepting it. She expressed the opinion that it is not worth it for the community to tear itself up, especially since the City has just went through Measure S. Mayor Noyes complimented Council Member Ridgeway for making the motion because he will be unfairly criticized for making it since there is so much emotion behind it. He stated that he believes he made the motion because he knows that it is the fair thing to do. He indicated that Mr. Sutherland deserves every right to move forward. The motion carried by the following roll call vote Ayes: Thomson, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: Glover Abstain: None Absent: None SWEARING IN DATE FOR NEW CITY COUNCIL MEMBERS. Mayor Pro Tem Adams stated that he pulled this item from the Consent Calendar so that the public is aware that the new Coftncil Members will be sworn -in at the December 12 Council meeting. Motion by Council Member O'Neil to set Tuesday, December 12, 2000 as the date for the swearing in ceremony for new City Council Members. Volume 53 - Page 683 INDEX City Council Swearing -In (33) City of Newport Beach City Council Minutes November 14, 2000 The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None 19. STAFF RECOMMENDATION REGARDING SPECIAL EVENT PERMIT NOISE REGULATIONS. Council Member Ridgeway stated that he would like the City to consider purchasing a noise meter and have code enforcement staff, rather than Police, learn how to use the meter to have an enforcement tool. Assistant City Manager Wood reported that code enforcement staff does have sound meters and knows how to use them. She indicated that the problem is that they do not work 24 hours a day like Police Department staff. Further, Police Department staff is not equipped with sound meters. Mayor Noyes noted that the City is going to hire a consultant to craft ideas and concepts and requested that the City also involve the Chamber of Commerce in the very early stages. City Manager Bludau indicated that the Chamber was made aware of the recommendations and stated that staff will also involve other interested parties in the discussions. In response to Mayor Pro Tem Adams' concern regarding the Taste of Newport, Mr. Bludau stated that Council was provided with a number of noise complaints. He indicated that it was his intent to come before Council to look at the large picture regarding special events. Mayor Pro Tem Adams expressed the opinion that Council has not sufficiently taken on this issue to give the public a sense of comfort that the next Taste of Newport will be handled differently. Mr. Bludau explained that one of the problems when people called the Police Department was that the thinking was that any noise level was permissible since there was a special events permit. He emphasized that this needs to be changed into something that is enforceable. Mayor Pro Tem Adams indicated that he spoke with Mr. Luehrs of the Chamber regarding this year's Taste of Newport and believed that the noise level was an unusual occurrence. Mr. Bludau indicated that the City has a lot of work ahead, even with the help of a sound consultant, since there are many factors involved (i.e. cloud cover, whether the weather is clear, or whether the event is close to the water). He stated that they had a good meeting with the Chamber who readily admitted that they really did not monitor the noise and that the Taste of Newport was different this year. They apologized and said that this problem will not happen again. He stated that the City just needs to enforce that with regulations for any special event. Mayor Noyes suggested that the City get pro - active and have code enforcement staff at the event to make sure that the event is not too loud. Mr. Bludau indicated that this may be a condition in the permit. Volume 53 - Page 684 .PiYNTRN Special Event Permit Noise Regulations (27) City of Newport Beach City Council Minutes November 14, 2000 INDEX Council Member Glover stated that she lives in the middle of Newport Heights, which is a long way from Newport Center, and reported that even she could hear the noise and was not sure where it was coming from. She noted that she has never been able to hear the Taste of Newport before. Motion by Mayor Noyes to 1) hire a sound consultant to help craft noise regulations that are reasonable and enforceable for special events in general; 2) require all future Special Event Permits which permit amplified sound to provide an on -site contact person, with phone number and/or pager, who can regulate volume upon direction from the Police Department or Code Enforcement Officers; and 3) require ah Level 4 permits to pay for a code enforcement officer's time to do periodic reviews to insure they are in compliance. Jim Hildreth, 120 The Grand Canal, stated that the City has a law in which there cannot be more than 15 people in one dwelling at one time without a special permit and expressed the opinion that the City is going a bit overboard. He stated that he did not mind the noise because he would rather have people enjoy themselves. He added that the event turned off the music at 10:00 p.m. The motion carried by the following roll call vote Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None PUBLIC COMMENTS John Black, 4007 Birch Street, Suite D, stated that he is an owner, operator, and therapist of a massage establishment in the City and indicated that he faxed a letter to the Mayor's office today regarding massage establishment regulations. He reported that changes went into affect late October regarding continuing education and requested that the regulations be amended to allow continuing education seminars, not just massage schools and community colleges, as acceptable locations for certification, noting that many states already accept this form as certification of classes. City Attorney Burnham indicated that he has not seen the letter, but stated that Mr. Black could contact Deputy City Attorney Ohl regarding this. He added that, if the changes are reasonable, they will bring it before Council. Mr. Black indicated that he has already met with Mr. Ohl and someone from the Police Department, but has not heard back from anyone. He also expressed concern for people who had to renew their permits a month or two before the regulations went into affect, reporting that they were required to come up with 36 hours of continuing education in that short time period when normally they get 3 years to complete that many hours. He suggested grandfathering the existing people who had clean records. Mayor Noyes recommended that the City A'ttorney's office contact Mr. Black and provide him with an update. Volume 53 - Page 685 City of Newport Beach City Council Minutes November 14, 2000 Jim Hildreth, 120 The Grand Canal, stated that he has obtained the required forms to file a case with the Harbor Justice Center and indicated that he is obligated to tell the City of his intent to litigate regarding Residential Pier 80100011. He reported that he has a meeting scheduled with the City Manager and the City Attorney, and expressed hope that his family's rights will be restored at that time and no further court action will be required. He stated that he reviewed the design criteria and standard drawings for harbor construction, but has not seen a listing for the City installed ladder. He asked if this structure meets the Coastal Commission's access requirements. He read the portion of the agenda regarding the Americans with Disabilities Act (ADA) and asked if the ladder complies with ADA. He expressed the opinion that the use of any City installed structure for RP80100011 has, and will attract, unsafe boat tie -ups. Mr. Hildreth expressed the opinion that he has suffered great intimidation by being placed under Police surveillance when he addressed Council at the October 10 meeting and asked if he will be subjected to this scrutiny in the future. Allan Beek expressed his appreciation to Mayor Noyes for his qualities as a mayor. He believed that Mayor Noyes has run the public hearings and Council meetings in a more audience - friendly manner than any mayor he has seen before and has turned the public hearings into an opportunity to have real discussions to shed light rather than heat. MOTION FOR RECONSIDERATION - None. ADJOURNMENT - at 9:10 p.m in memory of "Ray" Handy. The agenda for the Regular Meeting was posted on November 8, 2000, at 8:50 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 53 - Page 686 INDEX