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Home My WebLink About01 - 08-28-2001 & 09-11-2001September 25, 2001 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes DRAFT Study Session August 28, 2001- 4:00 p.m. INDEX ROLL CALL Present: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor (arrived at 4:35 p.m.), Mayor Adams Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In response to Mayor Adams' question regarding Item 5 (Clear Channel Outdoor Agreement for Bus Shelters), City Manager Bludau indicated that staff is satisfied with how the bus shelters are being maintained. City Manager Bludau confirmed for Mayor Adams that the $107,000 for the Federal Beach Erosion Control Project (Item 6) was budgeted, adding that a supplemental amount was also included to ensure that the City can cover the cost. Regarding Item 7 (Pre- Annexation Agreement and Cooperative Agreement), Mayor Adams noted that the recommendation is to execute an agreement between the City and the representatives of Newport Coast; however, the staff report is not clear if the agreement is with the Newport Coast Committee of 2000 or the two master homeowner associations. City Manager Bludau indicated that the City Attorney has not decided who the agreement is going to be with and that this will be left to the City Attorney's discretion. He emphasized that staff is not going to change any of the agreements the City has made with Newport Coast. He clarified that they initially thought this could be done through the Local Agency Formation Commission (LAFCO), but they indicated that they were not the appropriate agency. Mayor Adams believed it would be more formal if the agreement was with the homeowner associations. 2. BANNER - TOWING AIRCRAFT. City Manager Bludau stated that Council Member O'Neil requested that this issue be discussed during a study session. Assistant City Attorney Clauson noted that the invited representatives have not arrived yet. Mayor Adams suggested that Council discuss another item out of order until they arrive. 4. COUNCIL REVIEW OF STAFF PRIORITIES & TIME FRAME FOR FY 2001 -02 PROJECTS. City Manager Bludau reported that he, along with the management team which is composed of all of the department heads and individuals who Volume 54 - Page 429 Banner- Towing Aircraft (70) Staff Priorities & Projects (35) City of Newport Beach Study Session Minutes August 28, 2001 INDEX directly report to the City Manager, ranked the issues that were most important for staff to deal with during this budget year. He stated that they met with a consultant for a day and came up with mechanisms that he feels will be useful for the staff member in charge of the item to make monthly reports. He added that the staff member is also responsible for creating action steps that need to be accomplished by a specific time within the budget year. Mr. Bludau reviewed the ten projects /issues outlined in the staff report and noted that this is not Council's ranking. He stated that five of the issues will be reviewed during the first meeting of the month, starting next month, and the remaining five issues will be reviewed at the following meeting. He indicated that this will continue the entire fiscal year in order to make sure that the appropriate steps are being met and so the management team can receive input to help the project move along. Council Member Glover stated that she is pleased to see the priorities and that this will help Council focus on the issues. Regarding the public outreach for the General Plan Update process, she expressed concern that this is getting very procedural when the goal is to open up the issue to receive community input. Regarding having Council adopt new personnel policies /rules by December 11, 2001, she noted that nothing has been written since she got on Council. She stated that she hopes the City ends up with a professional document that is reflective of an organization that employs about 700 people. Mr. Bludau stated that this is their intention and that several legal firms have looked at this in order to make sure that the City is legal. He indicated that this has been a massive undertaking and has been worked on for over two years. He added that this is also being reviewed by the bargaining units and that they are about 90% through the process. Regarding obtaining full compliance with the new NPDES permit requirements and completing the three water quality tests, Council Member Glover stated that the City seems to be taking several hits on water quality and indicated that she will be making comments about this during tonight's meeting. Regarding developing a training program for first -time and mid- level managers by June 30, 2002, she emphasized that one of the main things the City needs to have is a professional staff with good tone to ensure that anyone who comes into City Hall is always treated properly. Mr. Bludau stated that this and policy /rule development go hand -in -hand and should strengthen the organization. Council Member O'Neil announced that Marilee Jackson has been retained as the Public Information Officer (PIO). He stated that he is pleased that she is part of the team and believed that she will be valuable to the City's effort in getting information out to the community. He indicated that he would like to see a public information program added to the list. Regarding the personnel policy /rules, Council Member Bromberg stated that there are personnel policies but they are hardly used. He indicated that the Civil Service Board started to revise the policies when he was on the Board about four years ago, but noted that most of the laws concerning employees and labor issues have occurred within the last 18 to 24 months. Volume 54 - Page 430 City of Newport Beach Study Session Minutes August 28, 2001 "0111 Mayor Adams commended the City Manager for bringing this to Council. He believed this will help Council continue to understand what staff is doing and that providing reports on these issues will also be helpful to the City. Mr. Bludau stated that it is easy to get caught up in the day -to -day activities, but this will help keep the priorities in front of them. He added that he believes this will be a good mechanism to use each year in order to accomplish goals. 2. BANNER - TOWING AIRCRAFT. Regarding whether the City can adopt any regulations to deal with the airplanes that advertise banners, Assistant City Attorney Clausen reported that the government has exclusive rights over U.S. air space and, therefore, the Federal Government has preempted the City's ability to regulate airplanes that fly over the City or along the coastline. Noting that the Federal Aviation Administration (FAA) regulations are provided in the staff report, she concluded that the City can take some steps, if Council wishes, to educate the public on the regulations and try to recognize /explain when a plane might be flying in violation of the regulations. Ms. Clausen indicated that she also has a topography map to help in visualizing the height limitations. She added that she has provided about 25 copies of the FAA's website information on the lobby table and that this information is also in the staff report. Ms. Clausen reported that another option is to work with the companies to see if a voluntary agreement, with the cooperation of the FAA, can be reached that changes their procedures so that some of the concerns that residents have about noise and safety are alleviated. She indicated that General Services Director Niederhaus has met with a couple of the operators and noted that they are present tonight to answer questions. Ms. Clausen added that they also invited other cities to tonight's meeting and announced that Laguna Beach Council Member Toni Iseman, Newport Beach Police Lieutenant Bob Oakley (ABLE Task Force), and two Huntington Beach Police Officers who are also on the ABLE Task Force are in attendance. Ms. Clausen reported that the FAA rule generally states that planes flying along the coastline cannot go below 1,000 feet above sea level in altitude from the closest obstacle that is within 2,000 feet horizontally from the plane. She clarified that there is no altitude restriction outside the 2,000 foot radius except that the plane has to be 500 feet over any vessel. She noted that Signal Peak is about 1,080 feet above sea level and pointed out that a plane should be flying at least that high if it is flying along the bluffs. Council Member Proctor asked if anyone has gotten radar data from the Southern California Terminal Radar Control (TRACON), to find out the altitudes the planes are actually flying. He noted that every plane flying in this area is required to have a transponder that records altitudes. He stated that the City can get access to altitude information; however, the specific aircraft cannot be identified. He clarified that this information can be obtained if there is a problem. Assistant City Manager Kiff stated that there was a sense among the work group that the data would be difficult to get or Volume 54 - Page 431 City of Newport Beach Study Session Minutes August 28, 2001 INDEX may be recorded over alter two weeks, but believed that it would be worth getting if the data is kept for an extended period of time. Mayor Adams stated that he was looking at the planes over the weekend and indicated that they did seem lower than 1,000 feet. Ms. Clauson believed that, if the public can be educated and provide the FAA with information, they may see a problem with the violations. She reported that Lt. Oakley indicated that the Police Department has tried to make complaints to the FAA, but does not always get a response. She believed that it may take multiple complaints from along the coast, including other cities, to get the FAA's attention. Mayor Adams asked if the Police helicopters are in the air during the weekend, noting that a helicopter with a Mountain Dew logo was flying exceptionally low over the beach. Council Member Bromberg suggested that the lifeguards take down the aircraft's information. Ms. Clauson stated that it may be difficult from sea level to determine how high the planes are flying. Council Member Proctor reported that it is difficult to determine who the pilot in command is and added that confirming the altitude from the ground is also difficult. In response to Council Member Glover's questions, Ms. Clauson reported that the City has authority up to three miles out from the shoreline; however, she noted that there is conflicting authority after this point with the State and Federal Government. She stated that the planes that tow banners can only do so with a certificate of waiver from the FAA which attaches specific conditions. Further, the planes have to be inspected and identified. Mayor Pro Tem Ridgeway stated that the planes fly over his community and that his neighbors do complain. He noted that the planes may actually be in compliance, but believed that complaints should go to the Police Department and that the lifeguards should be trained. He reported that yesterday at 4:30 p.m., one of the planes was flying over the middle of the Bay to fly back to Long Beach. He stated that he may be within the pilot's right to fly this route if he complies with the regulations, although there is no reason for him to do that. Mayor Pro Tem Ridgeway indicated that the City will probably have to try to get cooperation from the operators, as well as from other cities. He added that the City already has experience with the FAA on El Toro and John Wayne Airport issues and knows what level of cooperation they provide. Ms. Clauson reported that the City received a copy of a letter that was sent by the FAA to Congressman Cox indicating that the FAA had entered into voluntary agreements with the operators in the past. Mayor Pro Tem Ridgeway stated that the City can try to seek the operators' cooperation but noted that they probably fly all over both coasts and are regulated by the FAA. He indicated that the cities will need to move collectively to try to change the law to 2,000 feet above sea level. He pointed out that this issue probably also exists in other coastal areas. Mayor Adams suggested joining forces with the coastal cities from the east and west coasts to influence the FAA. He stated that people can also write to the advertisers, explaining that this form of advertising is annoying, Volume 54 - Page 432 City of Newport Beach Study Session Minutes August 28, 2001 INDEX disturbs the beach experience, disturbs neighbors, and is unappreciated. Toni Iseman, Laguna Beach Council Member, stated that she is offended by all of the noise, including motorcycle and speed boat noise, and stated that she has termed it "secondhand noise ". She suggested that, since cities have jurisdiction until three miles out, the cities should require that anyone launching a boat from any harbor must go outside the three mile limit to race. She thanked Council for tonight's meeting and indicated that she learned a lot from the staff report. She reported that the Los Angeles nines covered this issue about six weeks ago and that, by 9:30 a.m. that day, she received a call from The Peace and Quiet Coalition (peaceandquiet.org), an Alaska -based organization, regarding a lawsuit in the City of New York in which the FAA lost the case because a sightseeing plane left and returned to the same airport, which does not constitute interstate commerce. She noted that the reason no one has been able to change the regulations is because these flights have been classified as interstate commerce. Council Member Iseman stated that appealing to the councils of Long Beach and Fullerton has been discussed so they can make rules about the flights that are not interstate. She reported that people living near Disneyland and Anaheim Stadium are also aware of the problem. She added that she believes planes cannot advertise alcohol due to the average age of the people at the beach. She stated that, because of this, cities should ask the Federal Government to limit advertising, believing that this would take care of 40% to 50% of the banners. Council Member Iseman reported that, about two weeks ago, Congressman Sherman indicated that he wanted to do something about the noise from the planes. She agreed that it would be helpful if there was a united front with all the coastal cities, including the east coast. She stated that she has a copy of the New York ruling and thanked the City for what it is doing. She requested that she be updated on this issue. Council Member Proctor reiterated that TRACON, located in San Diego, can track aircrafts if they are below altitude and can also determine where they land. He noted that enforcement can be handled by either having someone at the Long Beach Airport assist with the situation or having the helicopters from Huntington Beach land where the plane is and cite the pilot. He reminded everyone that the helicopter can help determine the altitude, the plane is on TRACON's radar, and the pilot in command can also be determined. He reported that the FAA will then be notified and can issue pilot license suspensions. He pointed out that this is an effective tool since this affects the pilot's insurance. Council Member Proctor believed that the City will need to check with TRACON to see if the planes are really flying below 1,000 feet. Wayne Mansfield, AVIAD Corporation, 250 Clark Street, North Andover, Massachusetts, stated that he was not aware of the feelings about this issue until this afternoon. He indicated that he does not live in the community but does contribute to the Southern California economy. He reported that his company has been in business since 1953; he has been a commercial pilot since 1965; and operates his business in the United States, Canada, Mexico, and parts of Europe. He pointed out that this is the first time in 30 years that he has seen this level of concern. He reported that he is one of the pilots who flies during the weekend and believed that pilots comply with FAA's Volume 54 - Page 433 City of Newport Beach Study Session Minutes August 28, 2001 INDEX regulations 99.9% of the time. He stated that the lhty does not need to send helicopters, the police, or people out on the hillside. Mr. Mansfield indicated that, if the City is not happy with the medium, it would be helpful for the operators to know this and noted that no one has contacted him about this. He stated that the City needs to know that his company complies with the rule which states that the minimum altitude is 500 feet if flying over noncongested areas, and 1,000 feet if flying over congested areas. He reported that he is an FAA aviation safety /accident prevention counselor and has received the FAA Good Friend of the Year Award. He stated that, on behalf of Bob Dobry of Aerial Promotions, they would be very happy to work with the City to try to do what is appropriate. He stated that he told his competitors about the concerns in Southern California and told them to take steps to mitigate them. He reported that his company has spent $15,000 per airplane to install special propellers to make the planes quieter, but pointed out that some of his competitors have not done this. Mr. Mansfield believed that the City would be wasting a great deal of time and effort in policing this since it is not in the purview of the police. He asked how he can help and stated that his telephone number is (310) 493 -4550. Mayor Adams thanked Mr. Mansfield for his willingness to cooperate. He reported that, since he has been on Council, he has received a lot of calls during the summer months about this and noted that his district is inland. He emphasized that one of the larger issues is that the planes fly over homes. Regarding the medium, he expressed the opinion that it is an intrusion of the beach experience. He stated that a compromise in which the planes fly a little higher and further out may be a positive step because the noise will not be as offensive. He pointed out that Mr. Mansfield said that the planes are flying 500 feet above the water and believed that, of what he has seen, this is a more realistic altitude. He stated that it would be good if the industry is willing to cooperate and expressed hope that Mr. Mansfield could work with staff, particularly on the routes the planes take returning to the airport. Council Member O'Neil stated that he lives in Corona del Mar and that the noise problem comes from the planes that make a couple of passes by the beach. In response to Council Member O'Neil's questions, Mr. Mansfield stated that there is no regulation prohibiting them from flying out to sea to make their turn around, but there are standard routes that pilots follow for safety reasons so they do not go against one another. He reiterated that he is trying to work with his competitors, who are Florida - based, to try to make them aware of this. He indicated that his company has subsequently tried to fly a little higher and further out since he was made aware of the problem and that this has initially been favorably received. He reiterated that he is voluntarily taking steps to make the planes quieter and is talking with competitors. He expressed his hope that this will not be blown out of proportion if everyone works together. Mr. Mansfield reported that, of the 600 licenses in the United States that do this, about eight companies operate along this coast. Additionally, they belong to an association and that the City can also deal with this through the association. He pointed out that there are fewer flights today than there were 10 or 15 years ago. Volume 54 - Page 434 City of Newport Beach Study Session Minutes August 28, 2001 Council Member O'Neil believed that the routes need to be modified and that doing this would help a great deal. He stated that an effort has been made now that the problem has been identified and the business operators have been contacted. He believed that no one wants to get involved in major enforcement but rather in cooperation and working out a plan so that the businesses can operate without adversely impacting the privacy and peace /enjoyment of the residents. However, after hearing from other cities, he pointed out that this may take on a life of its own and that it may be in the operators' best interest to try to mitigate this before Congress and the East Coast get involved. He also expressed his appreciation for Mr. Mansfield's cooperation. Council Member Proctor stated that this issue previously arose over the Grand Canyon and was solved because of political pressures. He reported that the FAA created an area for special flights which substantially limited the ability for aircrafts to fly in and around the Grand Canyon area because of the noise constraints. He believed that, if all the communities along the coast insist on this type of regulation, it could become the vehicle that changes the flight rule. Mayor Pro Tem Ridgeway agreed that the issue is not enforcement and that there are tools available for that. He emphasized that the issues are noise first and safety second. Regarding safety, he pointed out that some of the operators probably have old equipment without the new propellers and that those are the pilots who need to upgrade their planes. He stated that the companies, collectively, are only as good as the worst pilot flying. He expressed the opinion that, once the noise issue is taken care of, the whole issue might go away. He pointed out that, if the cities do not get cooperation, they will take the next step which is to try to regulate. He stated that he is satisfied that there is a resolve. Regarding the cigarette boats, he stated that he lives on the water and that they are a nightmare when they ride past his house at 6:30 a.m. Mayor Pro Tem Ridgeway reported that the City has noise regulations, but no adequate enforcement in the harbor. He stated that the cigarette boats seem to be at 70 dB and that the planes are only that loud near the beach. Regarding Council Member O'Neil's district, he stated that it is a lot noisier when the planes fly near the hillside and echo off the hills. He stated that Laguna Beach has the same problem due to its topography. Council Member O'Neil directed staff to bring this back in 30 to 60 days with an update on the progress that is being made. 3. VECTOR CONTROL PRESENTATION BY DR. VIRGINIA BARRETT Mayor Adams thanked Dr. Barrett for volunteering to serve on the Orange County Vector Control District and expressed hope that this proved to be as interesting as she initially thought it would be when she first volunteered. Dr. Virginia Barrett, City Representative on the Vector Control Special District Board, provided Council with handouts that explain what the Orange County Vector Control District is, shows the areas of the City in which water is treated, and shows where fire ants are located within the Volume 54 - Page 435 INDEX Vector Control (54) City of Newport Beach Study Session Minutes August 28, 2001 INDEX City. She reported that a vector is an animal or insect that can transmit disease or discomfort to human beings and, in Orange County, vectors include mice, rats, mosquitoes, and ticks. She added that the diseases they could transmit are Encephalitis, Lyme Disease, and Hantavirus. She also explained that a sting from a fire ant is similar to a sting from a bee because all ants are related to bees. Dr. Barrett reported that the District conducts year -round mosquito control operations in the flood channels, catch basins, drains, and the Bay. Further, the technical staff, located in Garden Grove, tests mosquitoes, rodents, and wild birds for Encephalitis, Plague, and Hantavirus. She stated that the District is overseen by 32 Board Members who meet monthly and preside over policy and budget matters. She pointed out that the District is supported by a small per parcel fee and property tax that is equivalent to one can of bug spray per household. Dr. Barrett reported that, in 2000, Newport Beach residents made 356 complaints. She explained that of the 356 complaints, 307 concerned rats, 26 were mosquito related, 5 were about flies, and 14 were requests for mosquito fish deliveries. She stated that most of the rat problems had to do with educating homeowners on how to reduce the risk of getting an infestation on the property. She indicated that the District also offered safe ways to rat -bait the outside of homes since things that happen inside the home are not in their purview. Dr. Barrett stated that fire ants are only a small problem in the City but have been found and controlled in Newport Coast. She reported that the ants are a larger problem in South County and a moderate problem in Buena Park and Cypress. She noted that the fire ants came from Texas and that, when the earth shifts, the soil is supposed to be inspected so fire ants are not transported from one infected area to another. Dr. Barrett indicated that the bees in Orange County can be considered Africanized. She emphasized that no one should get near a beehive because they swarm and that people should notify the District if they see bees in a beeline because they are probably headed towards their nest. Assistant City Manager Kiff stated that the City received two calls over the past couple of weeks after the District sprayed something in a waterway to kill mosquitoes. He expressed concern about using pesticides since there is a toxicity water quality problem and the water goes into the Bay. Dr. Barrett reported that many of the things the District uses are larvae - sized bullets designed to only get the mosquito species and that there has been some litigation to have them regulate water safety more. She indicated that the cost of providing mosquito abatement will increase if they are required to do this. She suggested that people call the District to find out what exactly is being applied to the water. In response to Council Member Proctor's question regarding the the Africanized bee problem, Dr. Barrett indicated that it is her understanding that the City should anticipate the same types of problems that Texas and other places are facing since the local bees have exchanged genes. She Volume 54 - Page 436 City of Newport Beach Study Session Minutes August 28, 2001 stated that Africanized bees are similar to normal bees but are more aggressive, attack in swarms, and give multiple stings. She explained that, even if someone is not allergic to bees, people are harmed because of the toxic load of the poison. PUBLIC COMMENTS - None. ADJOURNMENT - 5:30 p.m. The agenda for the Study Session was posted on August 22, 2001, at 2:20 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 54 - Page 437 Q"911 ? CITY OF NEWPORT BEACH — REVISED — City Council Minutes Regular Meeting ?Arr August 28, 2001 - 7:00 p.m. 1 INDEX — 4:00 p.m. CLOSED SESSION — 5:30 p.m. CLOSED SESSION REPORT • None. « « « « « « « « « « « « « « « « « «« A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Absent: None C. PLEDGE OF ALLEGIANCE — Council Member Glover. D. INVOCATION — Pastor David Monge, Newport Harbor Lutheran Church. E. PRESENTATION Mayor Adams presented the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) for the City's Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 2000, to Accounting Manager Matusiewicz. Accounting Manager acknowledged his staff and the other divisions in the Administrative Services Department. City Manager Bludau further acknowledged the Accounting Division and the Administrative Services Department. F. NOTICE TO THE PUBLIC G. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): • Council Member Proctor stated that he would be asking for a meeting with staff to discuss neighborhood enhancements in West Newport. • Council Member Bromberg stated that he attended the Concert in the Park sponsored by the City Arts Commission on August 19, 2001, and announced that the next one would take place on September 9, 2001, at Eastbluff Park at 5:00 p.m. Council Member Bromberg added that on that same day at 12:00 p.m., the Divas of the Balboa Theater would be putting on a concert Volume 54 - Page 438 City of Newport Beach City Council Minutes August 28, 2001 and barbecue. Council Member Bromberg acknowledged the Kafka, Odie and Zelico families that collectively have visited the Newport Beach area for thirty to forty years. He stated that these families represent the many families that visit and support the City. Council Member Glover stated that the public needs to understand that water quality standards were changed approximately two years ago. She noted that the Back Bay area and the beaches are no worse than they were, the standards have just become stricter. She requested that a future Study Session item provide information on how the City would spend $5 million to clean up the Back Bay and the beaches, if the money was available. • Council Member Heffernan noted that the City Council Newsletter of August 17, 2001, discussed a new procedure for Cathode Ray Tube (CRT) disposal. He suggested that this information be provided to the public by way of a water bill insert. Council Member Heffernan requested that the City Attorney review and make recommendations regarding the City Council's liability, insurance limits, City self insurance amounts, and minimum insurance requirements of vendors. He requested that the item be looked at thoroughly and adjustments be made where necessary. • Mayor Adams clarified with Council Member Heffernan that he is looking at developing a comprehensive policy. Mayor Adams noted that this would force the City to review the policy annually. H. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar by a member of the audience. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTIONS FOR ADOPTION 3. Item removed from the Consent Calendar by a member of the audience. 4. COUNCIL WAIVER OF STREET CLOSURE PERMIT FEES FOR THE SONS OF THE AMERICAN LEGION FOR UP TO TEN EVENTS PER CALENDAR YEAR. Adopt Resolution No. 2001 -77 waiving the $54 Street Closure Fee for up to ten (10) events per calendar year. Volume 54 - Page 439 INDEX Res 2001 -77 American Legion Street Closure Permit Fees (65) City of Newport Beach City Council Minutes August 28, 2001 UON7RAUTS AND AGREEMENTS 5. CLEAR CHANNEL OUTDOOR AGREEMENT FOR BUS SHELTERS — EXTENSION OF AGREEMENT (C- 2839). Approve the Amendment to Extend Agreement for Bus Shelters and authorize the City Manager to sign the Amendment on behalf of the City of Newport Beach. 6. SURFSIDE - SUNSET AND NEWPORT BEACH FEDERAL BEACH EROSION CONTROL PROJECT - AGREEMENT TO PARTICIPATE IN AND FUND STAGE 11. Authorize the Mayor to execute an agreement with the County of Orange relating to the City's participation in and funding for Stage 11 of the Surfside- Sunset and Newport Beach Federal Beach Erosion Control Project. 7. Item removed from the Consent Calendar by Council Member Heffernan. MISCELLANEOUS ACTIONS 8. REVISION TO COUNCIL POLICY A -6, "OPEN MEETING POLICIES" AS IT PERTAINS TO THE ORDER OF BUSINESS FOR COUNCIL MEETINGS. Approve the revisions to Council Policy A -6. 9. Item removed from the Consent Calendar by Council Member Heffernan. 10. Item removed from the Consent Calendar by a member of the audience. 11. CITY HALL FACILITY NEEDS ASSESSMENT — REQUEST FOR QUALIFICATIONS. Approve the general scope of services and authorize staff to issue a Request for Qualifications for City Hall Facility Needs Assessment. 12. ANNUAL CITY RECYCLING REPORT. Approve the submission of the 2000 Annual City Recycling Report to the California Integrated Waste Management Board. Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar, except for those items removed (1, 3, 7, 9 and 10), and noting the correction to Item No. 4. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None Volume 54 - Page 440 INDEX C -2839 Bus Shelter Agreement (38) C -3443 Federal Beach Erosion Control Project (38) Council Policy A -6 Open Meetings (69) City Hall Facility Needs Assessment (35) Annual Recycling Report (44) City of Newport Beach City Council Minutes August 28, 2001 I. ITEMS REMOVED FROM THE CONSENT CALENDAR. 1. MINUTES OF THE SPECIAL MEETING OF AUGUST 7, 2001, AND ADJOURNED REGULAR AND REGULAR MEETINGS OF AUGUST 14, 2001. Jim Hildreth, 120 The Grand Canal, referred to Page 422 of the August 14, 2001, Regular Meeting minutes. He stated that his mention of the City's insurance liability coverage for other than strict liability should have been included in his comments. Additionally, he requested that the RP number be corrected to RP80100011. Motion by Mavor Pro Tern Ridgeway to waive reading of subject minutes, approve as amended and order filed. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: Ridgeway Absent: None 3. RESOLUTION ADJUSTING THE COMPENSATION OF THE CITY CLERK. Jim Hildreth, 120 The Grand Canal, stated that, "apparently, Mr. Garold B. Adams, Mayor, would like to increase the City Clerk's annual base salary to $88,000. If the City has the funds, I see little reason why this should not happen. I have found the City Clerk's Office to be very helpful in rendering information to me, even after being told not to do so by a City official. In the duties of the City Clerk, it should be allowed that information to be given to the Mayor and the members of the City Council to alleviate their failures in following any of the City Council policies pertaining to the actions and duties of the City Clerk's Office, as they occur during City Council meetings. I believe this will be helpful for the Mayor and City Council members, especially those individuals soon to be elected into those positions. However, I hope that the $88,000 will not encourage and/or increase the Mayor's ability to put words into the City Clerk's mouth. In my opinion, such an action is evident in the audio recording of the 10 July 2001 City Council meeting where the Mayor is heard to say, `Madam Clerk, it is my understanding that you have been providing Mr. Jim Hildreth's comments verbatim', a statement which he made in response to my request to have the tape recording of the 26 June 2001 City Council meeting reviewed so that a more nearly correct version of what I had said could be recorded in the 26 June 2001 City Council minutes. I find the City Clerk and the Office of the City Clerk to be courteous and as informative as they are allowed to be. I hope this form of gratitude for work well done will be given the City Clerk ". Motion by Council Member Bromberg to adopt Resolution Volume 54 - Page 441 INDEX Res 2001 -76 C -3080 City Clerk Agreement (38) City of Newport Beach City Council Minutes August 28, 2001 No. 2001 -76 adjusting the compensation of the City Clerk. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None 7. AUTHORIZATION TO EXECUTE: PRE - ANNEXATION AGREEMENT IMPLEMENTING ANNEXATION TERMS FOR THE NEWPORT COAST; AND COOPERATIVE AGREEMENT FOR PLANNING SERVICES WITH THE COUNTY OF ORANGE. Mayor Adams referred to page two of the staff report and disagreed that the Newport Coast Committee of 2000 would be the appropriate entity to enter into a long -term agreement with. He added that the two master homeowners associations may not be appropriate either. Mayor Adams suggested that the recommended action for the Pre - Annexation Agreement specifically state that the agreement should be with the represented individual homeowners associations within the Newport Coast area. Council Member Heffernan confirmed with City Attorney Burnham that Attachment C to the staff report is only an outline of the terms and conditions for the Newport Coast reorganization and that they would be further clarified and defined in the final agreement. City Attorney Burnham further stated that the recommended action is for the City Manager to sign the expanded and clarified agreement, as long as the substance of the terms and conditions are not changed. City Manager Bludau added that the hearing before the Local Agency Formation Commission (LAFCO) will be taking place on November 12, 2001, and the agreement needs to be finalized and submitted prior to that date. Mayor Pro Tem Ridgeway stated that the agreement was approved by the City Council on October 25, 1999, and was before the public on numerous occasions, dating back to 1970. Motion by Council Member O'Neil to authorize the City Manager to execute two agreements: 1) a Pre- Annexation Agreement between the City and the represented individual homeowners' associations within the Newport Coast area that implements previously- approved annexation terms and conditions for the Newport Coast community; and 2) a Cooperative Agreement with the County of Orange for Planning Services consistent with Development Agreement #14 (between The Irvine Company and the City of Newport Beach). The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Volume 54 - Page 442 INDEX C- 3472/C -3478 Pre - Annexation Agreement for Newport Coast/ Cooperative Agreement for Planning Services (21/38) City of Newport Beach City Council Minutes August 28, 2001 Noes: None Abstain: None Absent: None 9. PUBLIC COMMENTS/RESPONSES — MODIFICATION TO COUNCIL POLICY A -10. Council Member Heffernan stated that he understands why the City would want to respond to erroneous statements, but he doesn't want to see it turn into a public debate. He stated that the City needs to accept the information and provide an informational response only, not an argumentative one. Mayor Adams stated that maybe the responses should be limited to staff or the Mayor. He stated his concern for everyone on the City Council wanting to take a shot at a public comment. Mayor Pro Tem Ridgeway stated that the proposed policy already allows the Mayor to control the responses. Council Member Bromberg added that the City Council members do their job at the highest level of professionalism and expressed his confidence that dignity would be maintained. He stated that when issues are raised and inaccurate information is provided, the City Council should be given the chance to respond. He stated that, if it doesn't work, the policy can be revisited. Mayor Adams agreed and stated that many new policies have to be watched closely when first implemented. He added that if an issue deserves a response by several City Council members, the item should possibly be agendized for a future meeting. Council Member Glover stated that she believes in the Ralph M. Brown Act (Brown Act) and that many times it's good that the City Council members can't respond to public comments, since it allows citizens to say anything they want without answering to anyone. Council Member Glover stated that she has concerns about the dignity of the City Council and changing the current policy, and asked who the enforcer would be under the proposed policy. She added that there is dignity in silence. She concluded by stating that she understands that misstatements need to be corrected as soon as possible, but she doesn't know if it can be done properly. Mayor Adams stated that it appears that the proposed policy would not be in conflict with the existing policy or the Brown Act. City Attorney Burnham agreed and noted that the Brown Act already authorizes responses to public comments. He added that the proposed policy is intended to insure that the responses focus on the issues raised by the speakers and provide information to the public. Mayor Adams stated that the Mayor is already the Chair of the meeting, but this provides some guidelines and limits that prerogative. Volume 54 - Page 443 INDEX Council Policy A -10 Public Comments (69) City of Newport Beach City Council Minutes August 28, 2001 INDEX Jim Hildreth, 120 The Grand Canal, stated that, "the last sentence of Agenda Item No. 9 associated with the modification to the Council Policy A -10 should be of concern to all residents of Newport Beach. Could this modification be adding legitimacy to the statement made by Mayor Gary Adams during the 27 March 2001 City Council meeting's Public Comments when he said, `if you have the feeling that your repeated testimony on this issue is falling on deaf -ears, it would be a correct opinion'. I am reminded of the first time I addressed the City Council on 12 July 1999. The City Council gave the response, `I thought you were in agreement with staff, to which I retorted, `I don't see how that could occur'. Was this action taken by the City Council in violation of Council Policy A -10? I believe that the driving force for a member of the public in addressing the City Council is generally his or her concern for personal and community well being. Yet, I have repeatedly stated, the printed City Council minutes do not reflect the true statements, concerns, and meanings made during Public Comments. Will the adoption of this modification to Council Policy A -10, with its singular reference to Section 54954.2(b) in the Government Code, Section 54950 through 54962, Chapter known as the Brown Act, further quell the views expressed by any member of the public? This obscure reference to the Brown Act, adopted by the State of California in 1986, concerns mainly with the `Emergency Situation Exists' at the time of a majority vote. The reason is unclear as to why the City Council would adopt only this section, with its specialized verbiage of State legislation. Section 54954.3 seems better suited for reference to Council Policy A -10. Members of the community have referred to the modified City noise ordinance as `The Rodman Ordinance'. Will they soon be referring to this modified Council Policy A -10 as `The Hildreth Policy'? Should the modified Council Policy A -10 be further viewed as a movement by the City Council to shirk its duty, especially when an individual draws attention to matters of consequence. I have certainly seen little notice paid by the City Council or the City in the matters brought up by me. The City Council, as elected officials, have been regarded by many residents of Newport Beach as comrades, helping them with city - related concerns or problems. Changing Public Comments into nothing more than a sounding board or a means by which the general public can vent its frustration will help no one. I urge you not to further downgrade your handling of Public Comments by allowing yourselves the option to put in the last word, but to give your present program more backing and credibility". Allan Beek, 2007 Highland, stated that there is a difference between a debate and a problem solving session. He stated that Mayor Noyes was very skillful in getting the public engaged in town hall, problem - solving sessions. Mr. Beek stated that it depends upon the skill of the Mayor to have dialogue that gets something accomplished. He expressed his fear, however, that the proposed policy will put the public in a position of not being able to refute the responses. Mr. Beek, therefore, suggested that members of the public should be allowed to spread their three minutes out. Volume 54 - Page 444 City of Newport Beach City Council Minutes August 28, 2001 Mayor Adams stated that the proposed policy wouldn't prohibit dialogue from taking place, but that he doesn't want to see it become a debate. He suggested that the City Attorney might act as the watchdog. Russell Niewiarowski, Santa Ana Heights, expressed his agreement with the comments made earlier by Council Member Glover. He stated that Public Comments should provide the opportunity for anyone to voice their opinion. He added that opinions should not be challenged. He stated that the proposed policy isn't constructive or fair and that the City Council should expect that individuals may voice opinions in opposition to what the City Council may think is correct. He stated that opinions don't need to be refuted. Mayor Adams stated that he does not expect the City Council to challenge opinions. He stated that the proposed policy gives the City the opportunity to respond to questions of speakers and to clarify any technical inaccuracies. Council Member Bromberg agreed with the comments of Mayor Adams and added that Mr. Niewiarowski has himself made inaccurate statements during Public Comments. Council Member Bromberg stated that if the City does not respond to such comments, it leaves the public wondering why. Motion by Council Member Proctor to approve suggested wording changes to Council Policy A -10 pertaining to Council and/or staff responses to non - agenda public comments. Mayor Pro Tern Ridgeway stated that the City Council has the ability to do everything in the proposed policy already. Mayor Adams agreed, but stated that it provides some guidelines. Council Member Bromberg agreed with Mayor Pro Tern Ridgeway, but also felt that the proposed policy interprets and clarifies the issue. Mayor Adams requested that the issue be revisited in three to four months to make sure that it is being implemented correctly. The motion carried by the following roll call vote Ayes: O'Neil, Bromberg, Proctor, Mayor Adams Noes: Heffernan, Ridgeway, Glover Abstain: None Absent: None 10. RESPONSES TO ORANGE COUNTY GRAND JURY REPORT, "AFFORDABLE HOUSING, LIGHT ONE CANDLE ". Jim Hildreth, 120 The Grand Canal, thanked the City Council for considering the elderly and the disabled, and stated that it was too bad Volume 54 - Page 445 INDEX Affordable Housing Grand Jury Report (87) City of Newport Beach City Council Minutes August 28, 2001 INDEX that it took a Urand Jury order for the City to do such a thing. Mayor Adams stated that the City has been working diligently on the issue for many years. City Manager Bludau noted that the Grand Jury made the same comments to every city. Mayor Pro Tom Ridgeway stated that the need is driven by the Regional Housing Needs Assessment (RHNA) done by the Southern California Association of Governments (SCAG) and the Housing and Community Development Act (HCDA). He stated that an additional report would be coming out in approximately one month. Motion by Council Member Glover to approve responses and authorize Mayor to sign letter to Presiding Judge of the Superior Court. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None J. PUBLIC COMMENTS Jim Hildreth, 120 The Grand Canal, stated, "allow me to read the last of the letter I was not allowed to finish at the last Council meeting. I would _ — _._. also like to have the letter dated 14 August 2001 [l - etter on file in the City Clerk's Office], and this one, dated 28 August 2001, added to the City Council meeting records. On 24 June 1976, members of the Hildreth family met with Mr. Thomas `Tony' Melum and Mr. Wesley `Wes' Armand at 20 Newport Pier, Newport Beach. While I described this meeting to Mr. Melum on 26 June 2001, his face turned red. I am certain that both Mr. Melum and Mr. Armand worked for the County of Orange, Parks and Recreation, Harbor Department, prior to working for the City. Is there anyone else in our community who also knows this to be true? The present City Council seems to have at its disposal vast legal knowledge resulting from five City Council members who were said on 26 December 2000, to be lawyers. With this in mind there should be no reason why California State Law cannot be followed. Of Government Code Section 6250 through 6270, Chapter known as the California Public Records Act, let me bring to your attention, in part, Section 6253(d) which reads, `nothing in this Chapter shall be construed to permit an agency to deny or obstruct the inspection or copying of public records'. In this regard, what is the disposition of the List of Requested Documents that was presented during the last, 14 August 2001, City Council meeting. I would also like to know how much more time Mr. Burnham, City Attorney, needs to respond to my letters dated 26 June 2001, and 24 July 2001. If you remember, a reference to Government Code Section 54954.3 was made earlier. If I may, let me relate to you Section 54954.3(c), which reads, 'a legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or the actions or omissions of the legislative body. Nothing in Volume 54 - Page 446 City of Newport Beach City Council Minutes August 28, 2001 this subdivision shall confer any privilege of protection for expression beyond that otherwise provided by law'." City Clerk Harkless requested that Mr. Hildreth provide copies of the letters he reads at the City Council meetings to the City Clerk's Office. She explained that they would be kept in a file and recorded in the minutes. City Manager Bludau added that the public information request that Mr. Hildreth has with the City would be responded to within five working days. He stated that all other letters would not be responded to due to the volume. • Laura Dietz, 325 Cameo Shores Road, reminded the public that summer is almost officially over and that children will soon be out on the streets to attend school. She stated that everyone should be careful when they drive. Russell Niewiarowski, Santa Ana Heights, provided a handout, entitled "SFO Runway Orientation ". He stated that El Toro is a big issue, but how to plan it seems to be a sore subject. He explained that the City has indicated that it is not in the airport planning business, but yet responds to proposed airport plans and commits money to airport plans. Mr. Niewiarowski displayed a comparison of the San Francisco airport runway configuration and the proposed configuration for the El Toro airport. He pointed out that they're identical, but the County of Orange is supportive of their configuration, while San Francisco feels theirs is an outdated layout design. Mr. Niewiarowski stated that there is a reasonable alternative, the OCX -V -Plan, which is gaining support. He encouraged the City to look at the plan itself, because without the right plan in place, E1 Toro will not happen. K. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Glover announced that a program seeking funds to promote support in the County for the John Wayne Airport Settlement Agreement would be introduced at the City Council meeting of September 11, 2001. Council Member Heffernan announced that the Study Session of September 11, 2001, will include a discussion on the Newport Dunes. L. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 13. PLANNING COMMISSION AGENDA FOR AUGUST 23, 2001. Planning Director Temple stated that three of the four items on the Planning Commission agenda of August 23, 2001, were continued to the Planning Commission meeting of September 20, 2001. She stated that the first item required an initiation of a general plan amendment and will be coming before the City Council on September 11, 2001. She added that the initiation was the result of a request by Camco Construction Company to allow a 1400 square foot addition to an existing office building on Quail Street. Volume 54 - Page 447 INDEX Planning Commission (68) City of Newport Beach City Council Minutes August 28, 2001 Planning Director Temple stated that the second item was continued at the request of the applicant. The third item was a request for a variance on Kings Road, which was initially approved and then called up for reconsideration. She stated that the fourth item, a variance on Ocean Boulevard, was continued with direction to the applicant to further lower the height of the roof. Per Council Member Glover's question, Planning Director Temple explained that the variance on Kings Road was for a trellis cover over a patio on the third level of the home that was constructed without a building permit. Motion by Council Member O'Neil to receive the oral report on the most recent Planning Commission actions; and receive and file the written report. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None M. PUBLIC HEARINGS 14. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISES TO PACIFIC EARTHWORKS AND COUSYN GRADING AND DEMOLITION. City Manager Bludau stated that Ordinance No. 2001 -17 was introduced at the City Council meeting of August 14, 2001. He added that the necessary resolutions were also adopted at that meeting. He stated that the two firms would operate under the same terms and conditions as the other seventeen franchisees. Mayor Adams opened the public hearing. Hearing no testimony, Mayor Adams closed the public hearing. Motion by Council Member O'Neil to adopt Ordinance No. 2001 -17 granting a Non - Exclusive Solid Waste Franchise to Pacific Earthworks and Cousyn Grading and Demolition. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None Volume 54 - Page 448 INDEX Ord 2001 -17 Solid Waste Collection Franchises (42) City of Newport Beach City Council Minutes August 28, 2001 15. REVIEW OF NEW SUBDIVISION CODE: CODE AMENDMENT 2001 -002. Planning Director Temple stated that in the last fiscal year, the City Council authorized a budget amendment to do a complete update of the City's subdivision provisions in Title 19 of the Municipal Code. She stated that this occurred due to some problematic provisions that were discovered in the existing code. She stated that the key priorities in drafting the new code were to make it consistent with the Subdivision Map Act, to enable the City to make use of contemporary subdivision principals and to provide the flexibility needed to make sure that the design quality of new subdivisions was as good as it could get. Planning Director Temple introduced Larry Lawrence, Project Manager. Mr. Lawrence stated that the City's existing subdivision code was originally adopted in 1949, and has been amended as needed over the years. He stated that related changes to Title 20, Zoning Code, and Title 13, Streets, Sidewalks and Public Property, were also prepared. Mr. Lawrence stated that the major changes are listed in the staff report. He did note, however, that it retains the Modifications Committee as the review authority for tentative parcel maps and the Planning Commission as the review authority for tentative tract maps. It also allows any one member of the City Council to call for review a decision on a tentative map, and it reduces the initial expiration of tentative maps from three years to two years, but allows for a five -year extension beyond the initial period. Mr. Lawrence continued by stating that the new code allows for a 20% credit for private recreation facilities. Further, it adds a requirement for approval of a tentative map for conversion of rental units into condominiums, since new ownership is being created. Lot merger provisions were also brought into conformity with the Subdivision Map Act. Lastly, Mr. Lawrence pointed out that the new code adds up -to -date, state of the art subdivision design standards. Mr. Lawrence stated that the Planning Commission reviewed the amendment package at a Study Session on May 17, 2001, and again at public hearings on June 21, 2001, and July 19, 2001. He stated that the changes recommended by the Planning Commission are included in the amendment before the City Council. Mayor Pro Tom Ridgeway asked where the paragraph in the ordinance is that allows for deviations from any of the subdivision design standards, as mentioned in 40) of the staff report. Mr. Lawrence stated that it is found in Section 19.24.130(B). He stated that this provides the required findings, which were streamlined and softened from the existing code. Mayor Pro Tom Ridgeway noted that the new code is requiring that deviations be identified by a note on the face of the tentative map. He additionally noted that in 19.24.130(C), it requires that any deviation create a land plan or development design equal or superior to that under the baseline design standards. Volume 54 - Page 449 INDEX Ord 2001 -18 Subdivision Code Amendment 2001 -002 (68) City of Newport Beach City Council Minutes August 28, 2001 INDEX Mayor Pro Tom Ridgeway requested that 'Los Angeles County" be changed to "Orange County" in Section 19.28.080(B), noting it as a typographical error. Additionally, Mayor Pro Tom Ridgeway requested that "clarifiers" be added to Section 19.28.080(A) for drainage improvements. He explained that this would comply with possible future requirements and would be a good idea. Council Member Glover asked how the change from requiring four City Council members to approve calls for review of tentative maps to allowing any one member to call such reviews came about. Planning Director Temple stated that the change was intended to make Title 19 consistent with the provisions of Title 20 and is necessary because the appeal period was shortened a couple years prior from 21 days to 14 days. Council Member Proctor stated his appreciation for Mr. Lawrence being able to resurrect 30 to 40 years of amendments. Mayor Adams opened the public hearing. Philip Bettencourt, 110 Newport Center Drive, stated that he was speaking on behalf of the Building Industry Association (BIA). He noted the opinions of the BIA, as expressed at the Planning Commission meetings and included in the staff report. He stated that the BIA is pleased with the comprehensive nature of the new code and believes that it will be more workable. Mr. Bettencourt added, however, that the BIA is not in total agreement with all of the changes. He stated that the BIA recommends a wider use of the Public Works Improvement Manual. He stated that the BIA also opposes the change of allowing any one City Council member to call up a matter for appeal. Council Member Glover agreed with Mr. Bettencourt, but asked how it could be handled differently with a 14 -day appeal period. Mr. Bettencourt relayed an experience in Anaheim where a City Council member appealed all Planning Commission determinations. Planning Director Temple stated that in 1997, when the zoning code was updated, many appeal periods were shortened and made consistent with one another. Council Member Glover pointed out that appeals of the Modifications Committee to the Planning Commission are different than appeals of the Planning Commission to the City Council, because modifications are usually minor issues compared to the larger, more involved projects heard by the Planning Commission. She disagreed with such a rationale. Council Member Heffernan expressed. his concern for requiring a majority vote of the City Council to call something up for review. He stated that this restrains the discretion of elected officials. Council Member Proctor asked if allowing one City Council member the discretion is common in other cities. Mr. Lawrence stated that most cities do have the one -vote call up, but most are also cities with five Volume 54 - Page 450 City of Newport Beach City Council Minutes August 28, 2001 City Council members. He added that he didn't know when the four - vote provision was added to the Newport Beach code. Mr. Bettencourt continued his comments by stating that the BIA feels that the 20% credit given for park fees should be increased to 50 %, which would be consistent with the County's threshold. Council Member O'Neil asked if the subdivider would get credits for providing improvements in compliance with the park dedication requirements. Mr. Bettencourt stated that if eligible, private facilities are provided, then a credit could be received. Council Member O'Neil asked if subdivisions of such a size are expected in the City. Mr. Bettencourt stated that the options should be left open and there are eligible properties in the City. Mayor Pro Tern Ridgeway noted that the process is usually handled through development agreements. Council Member Heffernan noted the Banning Ranch development, and stated that he wouldn't want a private park facility to be considered as equivalent to a public park facility by extending the credit too high. Hearing no further testimony, Mayor Adams closed the public hearing. Motion by Council Member Glover to introduce Ordinance No. 2001 -18, amended to retain the existing policy regarding calls for review of tentative map decisions, and pass to second reading on September 11, 2001. Council Member O'Neil stated that due to the shorter appeal period and because there's been no history of abuse, he couldn't support the amendment. Substitute Motion by Mayor Pro Tern Ridgeway to introduce Ordinance No. 2001 -18, amended to change "Los Angeles County" to "Orange County" in Section 19.28.080(B) and adding "clarifiers" to the list of drainage improvements in Section 19.28.080(A), and pass to second reading on September 11, 2001. The substitute motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Ridgeway, Proctor, Mayor Adams Noes: Glover, Bromberg Abstain: None Absent: None N. CONTINUED BUSINESS 16. UNSCHEDULED VACANCY ON THE BOARD OF LIBRARY TRUSTEES. Mayor Adams announced that the City Council members would be Volume 54 - Page 451 INDEX Board of Library Trustees Appointment (24) City of Newport Beach City Council Minutes August 28, 2001 INDEX voting for an unscheduled vacancy on the Board of Library Trustees created as a result of the resignation of Julie Ryan, and that the nominees are Karen Clark and Gregory Ruzicka. City Clerk Harkless read the votes, as follows: Council Member Heffernan — Clark Council Member O'Neil — Clark Mayor Pro Tom Ridgeway — Clark Mayor Adams — Ruzicka Council Member Glover — Ruzicka Council Member Bromberg — Ruzicka Council Member Proctor — Ruzicka City Clerk Harkless announced the appointment of Gregory Ruzicka to fill the vacancy on the Board of Library Trustees. Mayor Adams recessed the meeting at 8:35 p.m. The meeting reconvened at 8:42 p.m., with all members present. Mayor Adams stated that during the recess, he confirmed with the City Attorney that a Motion for Reconsideration for the previous item could be made prior to the end of the meeting. Mayor Adams noted that he was on the prevailing side of the vote. Motion by Mavor Adams to reconsider Item No. 16, Unscheduled Vacancy on the Board of Library Trustees. Council Member Glover questioned why a revote would be necessary. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Bromberg, Proctor, Mayor Adams Noes: Glover Abstain: None Absent: None 16. UNSCHEDULED VACANCY ON THE BOARD OF LIBRARY TRUSTEES. The City Council members submitted revotes for the vacancy on the Board of Library Trustees. City Clerk Harkless read the votes, as follows: Council Member Heffernan — Clark Council Member O'Neil — Clark Mayor Pro Tom Ridgeway — Clark Mayor Adams — Clark Council Member Glover — Ruzicka Council Member Bromberg — Ruzicka Volume 54 - Page 452 City of Newport Beach City Council Minutes August 28, 2001 is Council Member Proctor — Clark City Clerk Harkless announced the appointment of Karen Clark to fill the vacancy on the Board of Library Trustees. 17. MARINER'S VILLAGE PUBLIC IMPROVEMENTS PLAN: DESIGN SERVICES (contd. from 8/14/01). Public Works Director Badum stated that staff is recommending that the Request for Proposals for engineering design services be approved. He stated that it is further recommended to retain Kirby & Company as a subconsultant, in order to maintain continuity in the project. Mayor Adams noted that the concept was already approved by the City Council and the action at the current meeting is regarding the contract only. Council Member Glover stated that with some recent changes that were made, she feels that the project is a good one. Motion by Council Member Glover to direct staff to issue a Request for Proposals (RFP) for engineering design services for the Mariner's Village Improvement Project. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None S18. REVIEW OF NEWPORT COAST ANNEXATION PUBLIC DISCUSSION OPPORTUNITIES. Mayor Adams stated that he asked that this item be placed on the agenda due to a flyer that was distributed the week prior by Allan Beek. Mayor Adams stated that the flyer contained some inflammatory language, and included Mayor Adams' home phone and fax numbers. Mayor Adams reported that he heard from 35 to 40 people. He stated that the flyer encouraged citizens to contact the Mayor and ask for a special meeting, so that the City Council could vote on conducting an advisory vote on the Newport Coast Annexation at the special election already scheduled to take place on November 20, 2001. Mayor Adams stated that the flyer also included Mr. Beek's reasons as to why he didn't think the Newport Coast area should be annexed. Mayor Adams stated that what he learned from talking with the people who contacted him is that, although the annexation process has been going on for over thirty years, many people are unclear of some of the Volume 54 - Page 453 INDEX Mariner's Village Public Improvement Plan (68) Newport Coast Annexation (21) City of Newport Beach City Council Minutes August 28, 2001 INDEX details. He stated that, for this reason, he has asked staff to prepare a presentation for the current meeting. He added, however, that it was totally inaccurate for Mr. Beek to allege that the citizens have not had the opportunity to voice their opinion on the issue. Mayor Adams stated that there have been plenty of opportunities for the public to discuss this and provide input. He cited the current City Council members who all ran on a pro- annexation platform and that little opposition has ever been received on the issue. Mayor Adams stated that pursuing the annexation of Newport Coast is also included in the General Plan. He added that the issue shouldn't be put to vote because of the direction already received from the citizens, all of the work that has been done to date and the representations that have already been made to numerous parties. Lastly, Mayor Adams addressed the comments made by some that the Newport Coast area is inappropriate for Newport Beach because it is a gated community and doesn't surround the Bay, meaning that the area doesn't share the same concerns as the rest of the City. Mayor Adams noted several prominent areas in the City that are gated and are not on the Bay. He stated that the City has prided itself in having distinct villages with unique characteristics. He stated that the annexation has been very carefully thought out, has been in the public debate for thirty years and he's excited that the process is nearing completion. City Manager Bludau announced that Assistant City Manager Mff would be providing the presentation, as he has been closely involved with the annexation process for the past four years. Using a PowerPoint presentation, Assistant City Manager Mff stated that the Newport Coast area consists of two major planned communities, which include the Newport Coast Local Coastal Program (LCP) Area and the San Joaquin Hills Planned Community, known as Newport Ridge. Assistant City Manager Mff displayed a map of the two areas. Additionally, he showed a chart that showed that 7,000 people currently live in the Newport Coast area and that there are 3,000 dwelling units. At buildout, there are expected to be over 13,000 people and over 5,000 dwelling units. Assistant City Manager Mff stated that. the Newport Coast annexation process goes back to at least 1970 when the City submitted its first sphere map to the Local Agency Formation Commission (LAFCO) with the Newport Coast area included in it. He went on to list some of the other steps in the process, and noted that Newport Coast was formally added to the sphere in 1976. He stated that, at the time, there was a lot of discussion and information in the newspapers about the cities of Irvine and Laguna Beach also considering including the Newport Coast area in their spheres. He listed additional steps in the process, noting that the City Council adopted a Resolution of Intent to annex the area in 1999. Assistant City Manager Mff stated that Newport Beach is a city of Volume 54 - Page 454 City of Newport Beach City Council Minutes August 28, 2001 INDEX annexations. He listed the annexations by decade that have taken place since the City was incorporated in 1906 and only consisted of the Balboa Peninsula, West Newport, Newport Shores and Lido Isle. He also showed a map, color -coded to show the annexations by decade. On the map, he pointed out the sphere and noted that Newport Coast, Santa Ana Heights and Banning Ranch are the only areas in the City's sphere remaining to be annexed. He added that the Bay Knolls area is also being considered, but is not inside the sphere. Assistant City Manager Kiff stated that in 1998, the City started to meet with the Newport Coast Committee of 2000 and the first fiscal impact analysis was completed. In 1999, the City negotiated with the Irvine Ranch Water District (IRWD) and the Newport Coast Committee. In 2000, the fiscal impact analysis was updated, the settlement agreement with IRWD was reached, discussions with the Newport Coast Committee were finalized and pre- zoning actions were taken. Assistant City Manager Kiff stated that within the past year, the City Council authorized the current application to be filed, the temporary fire station in Santa Ana Heights was established and the annexation link on the City's website was setup. He stated that within the past six months, several agreements have been approved, the hiring process for police personnel has begun and budget preparation is being done with all of the City's departments. Assistant City Manager Kiff stated that the LAFCO hearing is scheduled for September 12, 2001, with the protest period for Newport Coast registered voters continuing to October 12, 2001. He stated that LAFCO certification should occur by November 30, 2001, and the annexation should be effective on January 1, 2002. In regards to the comment about the Newport Coast area not being connected to the Bay, Assistant City Manager Kiff reminded everyone of the important water quality matters that occur in the Newport Coast area that the City needs to have an influence on. In regards to comments heard about the Newport Coast residents being opposed to the El Toro airport, Assistant City Manager Kiff stated that the Newport Coast residents are just as concerned about overflights. He added that their tax revenue would be best coming into Newport Beach to support the City's efforts. Assistant City Manager Kiff stated that comments have also been made about most of the Newport Coast residents living behind gates, making Greenlight more difficult. He stated that without the annexation, the City will have no say in significant development adjacent to its borders. He added that the City already has many gated communities. Assistant City Manager Kiff stated that comments have also been made about the annexation process not being open to public debate and discussion. He pointed out the many presentations, meetings and briefings that have taken place and showed some of the media articles Volume 54 - Page 455 City of Newport Beach City Council Minutes August 28, 2001 INDEX that were printed during this time. Assistant City Manager Kiff stated that the total number of times that the annexation issue was open to some sort of public debate or discussion was 70. In conclusion, he listed the many websites and ways to obtain information or provide input about the annexation. Mayor Adams confirmed with Assistant City Manager Kiff that the updated fiscal impact analysis has been completed and is available for review. Assistant City Manager Kiff added that the City will see a small, but significant, surplus every year following annexation. Additionally, the Newport Coast residents will pay the same taxes, but will get better services and receive some relief from the assessment district debt they currently pay. Council Member O'Neil asked for more information on how much surplus the City will see from the annexation. Assistant City Manager Kiff stated that some years have very significant surpluses, while others have smaller surpluses. As an example, he stated that the surplus the first year is expected to be $11 million, the second year, there is expected to be a $300,000 deficit. He stated that later years will see about a $2 million net surplus. Mayor Adams suggested that a presentation of the analysis be provided at the next City Council meeting. Council Member O'Neil noted that the financial benefit to the City is not the primary motivating factor. He stated that it just makes sense to annex the area and there are more benefits than the financial ones. He additionally noted that the surpluses discussed are after all of the services have been provided to the area. Assistant City Manager Kiff explained that when homes are new and on the property tax rolls at high values, the residents pay a greater sum, although not at a greater rate. Council Member Glover stated that the financial analysis has been reviewed many times and the financial gain will be seen in the years ahead. She noted that new, large homes bring in more money to the City and added that it is important for Newport Beach to be a gracious host in bringing new areas. Council Member Proctor agreed with the comments made earlier by Mayor Adams regarding the campaign process and that the annexation issue was not an issue at all. He stated that Assistant City Manager Kiffs presentation clearly pointed out that the residents of the community have been advised for a long period of time about the annexation. Council Member Proctor stated that few issues have had more opportunity for public input and disagreed that an additional financial analysis presentation needed to be done. Council Member Bromberg confirmed with Assistant City Manager Kiff that he was involved with all of the presentations since January of 1998. Assistant City Manager Kiff stated that the consensus has Volume 54 - Page 456 City of Newport Beach City Council Minutes August 28, 2001 INDEX shown a strong support for the annexation, with no one questioning if the annexation should occur. He stated that the City's efforts have also focused on working with the residents of Newport Coast and making sure that they were comfortable with the annexation also. Council Member Bromberg agreed that, during the campaign process, all of the candidates supported the annexation and he couldn't recall hearing a negative comment regarding it. He noted, however, that he did have some concerns about the annexation, so he learned more about the issue after being elected to the City Council. Council Member Bromberg stated that, through this process, he was convinced that the annexation was a good thing and that the Newport Coast residents are just like the residents in Newport Beach. Council Member Heffernan stated that, when he campaigned for the City Council, he was under the impression that the annexation had enough momentum and was going to occur. He stated that his concern was for the City inheriting an area that had the entitlement process for development handled by the County, and not the City. Council Member Heffernan stated that he does not endorse what Mr. Beek did, but that Mr. Beek does have the right to state his opinion. Council Member Heffernan complimented the presentation by Assistant City Manager Kiff and noted that the annexation is a logical extension of the City's boundaries, but residents can still object to it. Mayor Adams added that his home phone number is available to the public and listed in the phone book, but he didn't feel that it was thoughtful of Mr. Beek to include it in such a mailing. Noting the many legal obligations already in place, Mayor Pro Tern Ridgeway stated that the City's integrity has to be maintained. He also stated that a letter was received from the Orange County Coastkeeper earlier in the day that supported the annexation. He stated that their reasons for support included providing better control and information on the Crystal Cove mitigation efforts for water quality, and the LCP that is in place and appropriate. Allan Beek expressed his apologies to Mayor Adams' wife for the volume of phone calls she had to field. Additionally, he expressed his appreciation to Assistant City Manager Kiff for his presentation and the time he spent earlier with Mr. Beek regarding the financial analysis. Mr. Beek stated that during the annexation process, everyone felt that it was a done deal, but noted that City code requires a vote of the people of any annexation over 100 acres. He added that he mailed a flyer to 1200 citizens and more than half responded, with five- eighths of the respondents supporting a vote of the Newport Beach residents regarding the annexation. He additionally noted that most felt that the annexation should not occur. Mr. Beek stated that, if the annexation is such a good thing, the City Council should allow the voters to vote. He added that the citizens want the City Council to care what they're thinking. Volume 54 - Page 457 City of Newport Beach City Council Minutes August 28, 2001 INDEX Mayor Pro Tem Ridgeway disagreed that the annexation was always a given. He pointed out that there were many times when the annexation was in doubt. He additionally noted that Mr. Beek never appeared at any of the public hearings expressing opposition to the annexation and is now trying to force a vote that the State says should not occur. Mayor Pro Tem Ridgeway concluded by stating that the public process was in place and there was ample opportunity for anyone to voice objection to the annexation during the process. Mayor Adams confirmed with City Manager Bludau that a mass mailing is being prepared regarding the annexation. Tom Hyans, 191h Street resident, stated that he is opposed to the annexation because he doesn't feel that the Newport Coast residents have much interest in the Peninsula. He noted that the annexation process has been a process in evolution and things have changed. He explained that, several years prior, he attempted to attend a public meeting attended by Newport Coast residents and was asked to leave. He additionally noted that the first fiscal impact analysis report showed a breakeven, and the next one showed a $3.5 million per year in gain to the City and was challenged by Phil Arst. Mr. Hyans stated that now that the process is coming to an end and the agreement has been completed, the voters should now be allowed to vote. Mayor Adams agreed that the process has evolved, but he didn't feel that much had changed since the last election. He pointed out that the annexation wasn't an issue. Mr. Hyans stated that the citizens were waiting to see what the agreement with Newport Coast would be. Council Member O'Neil stated that he is concerned about the Greenlight philosophy, which has been embraced by a large percentage of the residents in the community. He pointed out that the City Council takes action on many issues and it only seems that the citizens want to vote on an issue when they disagree with the action. He suggested that the citizens, instead, vote for City Council members who will support their viewpoint, which is what representative government is all about. Mayor Adams stated that he sees nothing inconsistent with proceeding with the annexation of Newport Coast and the Greenlight philosophy, but that he also understands Mr. Hyans reason for opposing it. He stated that adding 13,000 residents will change things and shift the Councilmanic districts slightly. Mr. Beek stated that he did appear and spoke at a public meeting regarding the annexation. Council Member Glover noted that allowing Mr. Beek to speak again is an example of allowing speakers to come back up. She suggested that the Mayor and the City Council look at how they're conducting the meetings. Volume 54 - Page 458 City of Newport Beach City Council Minutes August 28, 2001 Mayor Adams stated that, in this case, he requested the item on the agenda in response to a flyer mailed by Mr. Beek. He stated that some latitude is already given to applicants and he felt that it was appropriate. Laura Dietz, 325 Cameo Shores Road, complimented those involved with the annexation process. She stated that she questions the annexation due to the financial impacts, but feels that the City has done what has been required of them in terms of the process. Ms. Dietz stated that she hopes the annexation lives up to everyone's expectations. Council Member Glover stated that it is apparent that some of the residents in Newport Beach do not respect representative government and do not want it for the City. She stated that the residents need to elect those that represent their viewpoints. P. MOTION FOR RECONSIDERATION -None. Q. ADJOURNMENT - 10:00 p.m. The agenda for the Regular Meeting was posted on August 22, 2001, at 2:20 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 54 - Page 459 INDEX Dj CITY OF NEWPORT BEACH r City Council Minutes Study Session September 11, 2001- 4:30 p.m. MEETING CANCELLED - ALL ITEMS CONTD. TO 9/25/01 ROLL CALL Present: None Absent: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. 2. COUNCIL REVIEW OF STAFF'S PRELIMINARY ASSESSMENT OF CITY ACQUISITION OF DUNES LEASEHOLD. PUBLIC COMMENTS ADJOURNMENT The agenda for the Study Session was posted on September 5, 2001, at 2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 54 - Page 460 INDEX ®I?4p CITY OF NEWPORT BEACH City Council Minutes Regular Meeting September 11, 2001 - 7:00 p.m. MEETING CANCELLED - ALL ITEMS CONTD. TO 9/25/01 STUDY SESSION — 4:30 p.m. CLOSED SESSION — [Refer to separate minutes from City Attorney] « « « « « « « « « « « « « « « « « «« A. RECESS AND RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: None Absent: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams C. CLOSED SESSION REPORT D. PLEDGE OF ALLEGIANCE E. INVOCATION F. PRESENTATION Presentation of Plaques of Appreciation to outgoing Board and Commission members. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM) I. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR. MEETINGS OF AUGUST 28, 2001. 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, Volume 54 - Page 461 INDEX City of Newport Beach City Council Minutes September 11, 2001 INDEX and direct City Clerk to read by title only. RESOLUTION FOR ADOPTION 3. RESOLUTION NO. 2001- TO RESCIND CURRENT RESOLUTION NO. 91 -100, PARKING RESTRICTIONS ON BAY AVENUE. Adopt Resolution No. 2001 -_ to rescind Resolution No. 91 -100, which established a No Parking/Tow -Away Zone on the northerly side of Bay Avenue between Palm and Adams Streets on Fridays and Saturdays between the hours of 6:00 p.m. and midnight. ORDINANCE FOR ADOPTION 4. NEW SUBDIVISION CODE: CODE AMENDMENT 2001 -002. Adopt Ordinance No. 2001 -18. CONTRACTS AND AGREEMENTS 5. BUCK GULLY PUMP STATION REHABILITATION (C -3368) — AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH THE KEITH COMPANIES. Approve Amendment No. 1 to The Keith Companies for additional design services for Buck Gully Pump Station Rehabilitation and upgrades to the Carnation and Linda Isle pump stations and authorize the Mayor and City Clerk to execute the amendment for a fee of $39,220. 6. CONSTRUCTION MANAGEMENT SERVICES FOR BALBOA VILLAGE IMPROVEMENTS, PHASE 1 (C- 3333). Approve a $361,100 Professional Services Agreement with Harris & Associates to provide construction management, inspection, and materials testing during Phase 1 construction, and authorize the Mayor and City Clerk to execute the agreement. MAIN BEACH SEWER FORCE MAIN REPLACEMENT — AWARD OF CONTRACT (C- 3296). 1) Approve the plans and specifications; 2) award a contract (C -3296) to GCI Construction, Inc. for the total bid price of $328,690 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $30,000 to cover the cost of unforeseen work. 8. 2001 -2002 SIDEWALK, CURB AND GUTTER REPLACEMENT — AWARD OF CONTRACT (C- 3427). 1) Approve the plans and specifications; 2) award a contract (C -3427) to C.J. Construction, Inc. for the total bid price of $117,262.50, and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $11,000 to cover the cost of testing and unforeseen work. PACIFIC COAST HIGHWAY SIDEWALK FROM CAMEO SHORES ROAD TO CITY LIMIT (C -3148) — COMPLETION AND ACCEPTANCE. 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 Volume 54 - Page 462 City of Newport Beach City Council Minutes September 11, 2001 INDEX recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 10. APPLICATION TO RELOCATE A CURB OPENING AT 201 APOLENA AVENUE ON BALBOA ISLAND (EPN2001- 0297). Approve the application subject to an Encroachment Permit from the Public Works Department. 11. CONTRACT WITH THE UNIVERSITY OF CALIFORNIA: WATER QUALITY TESTING IN STORM DRAINS AND TRIBUTARIES TO NEWPORT BAY. Authorize the Mayor to execute a $36,179 sole- source contract with the Regents of the University of California for the testing of storm drains and tributaries to Newport Bay for the presence of human viruses and bacteria. S18. WEST NEWPORT SEWER MAIN REPLACEMENT PROJECT — AWARD OF CONTRACT (C- 3453). 1) Approve the plans and specifications; 2) adopt Resolution No. 2001 -_ authorizing an emergency bidding process for the West Newport Sewer Main Replacement Project (C -3453) with a minimum of five affirmative votes approving the process per Section 1110 of the City Charter; 3) award the contract (C -3453) to , the contractor determined to be the lowest responsible bidder when bids are opened on September 11, 2001, at 2:00 p.m. for the total bid price of and authorize the Mayor and the City Clerk to execute the contract; 4) establish an amount of $15,000 to cover the cost of unforeseen work; and 5) authorize a budget amendment (BA -006) transferring $150,000 from the unappropriated Wastewater Fund Balance to Account No. 7531- C5600292. MISCELLANEOUS ACTIONS 12. RECOMMENDATION FROM GENERAL PLAN UPDATE COMMITTEE ON COMMUNITY OUTREACH VISION FESTIVAL. Accept the recommendation of the General Plan Update Committee and set the General Plan Vision Festival for January 12, 2002. 13. DONATION OF SURPLUS PROPERTY. Approve the donation of the property to Share Our Selves Corporation and direct staff to arrange for the property to be made available for pick -up at their convenience. 14. COUNCIL APPROVAL OF WEBLINK REGARDING BALBOA VILLAGE IMPROVEMENT PHASE I TO CITY S MAIN WEB PAGE. Approve the informational link to the City's web page. 15. REQUEST TO INITIATE A GENERAL PLAN AMENDMENT TO INCREASE THE DEVELOPMENT ALLOCATION WITHIN THE AIRPORT AREA 2 -7 (STATISTICAL AREA 1-4), NEWPORT PLACE BLOCK G & H TO PERMIT A 1,500 SQUARE FOOT Volume 54 - Page 463 City of Newport Beach City Council Minutes September 11, 2001 ADDITION TO AN EXISTING OFFICE BUILDING LOCATED AT 1811 QUAIL STREET [CAMCO PACIFIC (PA2001- 157)]. Initiate the amendment to the General Plan, Land Use Element as recommended by the Planning Commission by approving GI 2001 -001. J. ITEMS REMOVED FROM THE CONSENT CALENDAR K. PUBLIC COMMENTS L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING COMMISSION AGENDA FOR SEPTEMBER 6, 2001. [MEETING CANCELLED]. Receive and file report. N. 17. DESIGN STANDARDS FOR MANUFACTURED HOUSING. Adopt Resolution No. 2001 -_, initiating an amendment to Newport Beach Municipal Code; or determine to take no action at this time by receiving and filing the report. O. MOTION FOR RECONSIDERATION P. ADJOURNMENT The agenda for the Regular Meeting was posted on September 5, 2001, at 2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on September 7, 2001, at 2:25 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 54 - Page 464 INDEX