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Home My WebLink About02 - 06-11-2002City Council Meeting June 25, 2002 Agenda Item No. 2 CITY OF NEWPORT BEACH City Council Minutes DRA Study Session `1 June 11, 2002 - 4:00 p.m. INDEX ROLL CALL Present: Heffernan, Bromberg, Adams, Proctor, Mayor Ridgeway, Glover (arrived at 4:30 p.m.) Absent: O'Neil (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Proctor confirmed that the street closures recommended in Item No. 5, Fourth of July Street Closure Resolution, were the same streets that were closed the prior year. In reference to Item No. 3, Swimming Regulations — Diving or Jumping from Public Property, Mayor Pro Tem Bromberg asked if a person would be allowed to jump from a seawall under the new ordinance. City Attorney Burnham stated that persons would be prohibited from jumping from any seawall. Mayor Ridgeway recalled an incident where the City was held liable for injuries caused by a person jumping off of a seawall. 2. 2002 -03 BUDGET REVIEW INCLUDING REVIEW OF STAFF PRIORITIES FOR FY 2002 -2003 (contd. from 5/28/02). Staff Priorities Using a PowerPoint presentation, City Manager Bludau stated that staffs first priority for the 2002 -2003 fiscal year is to obtain all necessary approvals to extend the John Wayne Airport Settlement Agreement consistent with Scenario 1 as described in Environmental Impact Report (EIR) 582, and maintain the integrity of the Settlement Agreement once approved. He stated that the second priority is to complete the general plan outreach and begin the. general plan update process. He stated that the goal is to complete the public outreach, determine the scope of the update and have all of the consultants working on the revisions by July of 2003. City Manager Bludau stated that Assistant City Manager Wood would be the staff member responsible for the priority. He listed the action steps that would need to take place to meet the goal. City Manager Bludau stated that the third priority is to prepare a draft of the Local Coastal Plan (LCP) and submit it to the California Coastal Commission staff by June 30, 2003. He stated that Planning Director Volume 55 - Page 191 2002 -2003 Budget Review (35/40) City of Newport Beach Study Session Minutes May 28, 2002 Temple would be responsible for the priority. He briefly listed the action steps that would take place. The fourth priority is to develop a traffic signalization management system that would result in maximizing smooth and safe traffic flows throughout the City, with Public Works Director Badum being the responsible staff member. INDEX City Manager Bludau stated that the fifth priority involves developing an organizational response to National Pollutant Discharge Elimination System (NPDES) and Upper Bay water quality requirements. He stated that he and Assistant City Manager Kiff would look at the organization and decide how to best deal with water quality issues. The sixth priority would be to develop a comprehensive strategic plan for existing City buildings. He stated that the goal is to develop a long -range plan showing facility needs and what would be required to meet those needs. City Manager Bludau stated that Public Works Director Badum and Fire Chief Riley would be the responsible staff members. City Manager Bludau stated that the seventh priority is to develop a joint Mariners Library planning process with the Newport-Mesa Unified School District resulting in preparation of the construction plans. He stated that this priority assumes receiving the grant from the State. The eighth priority is to complete the East Santa Ana Heights, Bay Knolls and Emerson annexations, with the goal of having them effective by July 1, 2003. Assistant City Manager Kiff is the responsible staff member. The ninth priority is to identify the permanent location for Fire Station #7 and identify the funding sources for land acquisition and construction. City Manager Bludau stated that Fire Chief Riley and Assistant City Manager Kiff are the staff members responsible for the priority. The tenth priority is to increase the level of disaster preparedness training received by City employees, which would result in increased competence in performing their Emergency Operations Center (EOC) responsibilities. Fire Chief Riley is responsible for the priority. The eleventh priority is to complete the cable TV franchise and ordinance renewal/revision processes with the goal of having the new franchise agreements in effect by June of 2003. Public Information Officer Jackson is responsible for meeting the goal. City Manager Bludau briefly listed the action steps involved. The twelfth priority is to identify the funding sources, prepare the plans and begin construction of the Big Canyon reservoir cover. Utilities Director Davidson and Public Works Director Badum would be the staff members responsible for meeting the goal of having construction begin by June 30, 2003. Council Member Heffernan asked if any priorities could be added to the list. Volume 55 - ]Page 192 City of Newport Beach Study Session Minutes May 28, 2002 City Manager Bludau stated that the City Council can request priorities at any time, but that staff has done their best to identify the top priorities for the 2002 -2003 fiscal year. Council Member Heffernan stated that the specific terms for the City taking over the slope maintenance in the Newport Coast area should be added to the list. He stated that it is both a cost item and a liability issue. City Manager Bludau stated that the City is still determining the square footage total, and should be able to announce the cost within the next couple of weeks. Mayor Ridgeway asked if the steps to achieve the twelve priorities had been budgeted for the 2002 -03 fiscal year. City Manager Bludau stated that they had, with the exception of the cover for the reservoir since the funding source has not been determined. Mayor Ridgeway further confirmed that with the exception of the reservoir cover, which is a Capital Improvement Program (CIP) project, the other priorities are budgeted through the general fund. Additionally, City Manager Bludau stated that $500,000 has been budgeted for ongoing work in regard to the airport settlement agreement. Additional Information Requested Administrative Services Director Danner stated that Council Members Heffernan and Glover asked for additional information regarding the budget during the Study Session on May 28, 2002. Coincidentally, he stated that staff had been working on a revenuelexpenditure comparison of the cities in Orange County. He provided a copy of the report. Using a PowerPoint presentation, Administrative Services Director Danner displayed a graph, which showed the sales tax revenue in the City from 1988.89 through 2000 -01, and estimates for 2001 -02 and 2002 -03. He noted that sales tax is the City's second largest revenue source. Mayor Ridgeway stated that some of the local restaurateurs are attributing their drop in sales, this year, to lack of tourism. Administrative Services Director Danner confirmed that the largest sales tax producer for the City is the restaurants. Administrative Services Director Danner displayed a bar chart, which showed the percentage of sales tax revenue to other governmental revenue, and noted that it's generally about 17% of the total. He then displayed a bar chart showing how Newport Beach compares to other cities in Orange County and noted that Newport Beach is less reliant on sales tax than many of the other cities. He also displayed a bar chart of the major sales tax sources for several of the cities in Orange County and noted that Newport Beach is more dispersed amongst the various sources than some of the other cities. INDEX Administrative Services Director Danner then displayed a chart showing how Newport Beach compares to other cities in Orange County in capital outlay and total expenditures. The chart showed the population of each of the cities and how they ranked in terms of capital outlay and total expenditures per capita. He displayed the same information in a bar chart format. Volume 55 - Page 193 City of Newport Beach Study Session Minutes May 28, 2002 INDEX Administrative Services Director Danner displayed a bar chart showing the City's expenditures for public safety, public works, community services, general government and community development for 1992 -93 through 2000 -01 and estimates for 2001 -02 and 2002.03. He noted that public safety has remained the City's highest expenditure. City Manager Bludau noted that the increase in general government expenditures during the past four years has been due to airport- related matters. Administrative Services Director Danner displayed a bar chart showing a comparison of the expenditures per capita for the cities in Orange County for four functions in 1998 -99. The functions included general government, public safety, community development and culture & leisure. City Manager Bludau stated that Newport Beach's public safety expenditure function includes the lifeguards, which many of the cities do not have. Administrative Services Director Danner summarized the expenditure per capita information by displaying a chart that showed the functions, the expenditures per capita and the City's ranking among the other cities in Orange County. Council Member Adams pointed out that the City's visitor population is not taken into account when comparing the per capita figures. Mayor Ridgeway stated that the citizens in Newport Beach will continue to demand that the City remain close to the highest ranking in terms of public safety. Administrative Services Director Danner stated that the report does highlight some of the differences among the cities that should be taken into account when making comparisons. Council Member Heffernan confirmed that Newport Beach .was ranked number one in terms of total property tax revenue in 1998 -99, and asked how the City is ranked today with the addition of the Newport Coast area. Administrative Services Director Danner stated that most cities have redevelopment agencies, which receive a portion of the cities' property taxes. City Manager Bludau added that if the property taxes received by those redevelopment agencies were added to the cities' total, Newport Beach would not be ranked number one. Council Member Glover stated it is better not to have redevelopment agencies, as it causes debt. She pointed out that Newport Beach doesn't have any debt, but many cities do. She stated that this represents how prudent Newport Beach has been, and she hopes the conservatism continues. She stated that visitors to Newport Beach can generate the need for additional services, but they can also provide additional revenue. Human Resources Human Resources Director Livingston stated that the Human Resources budget for the 2002 -03 fiscal year is basically status quo, although there are some minor increases in the personnel division due to increases in costs. She noted that the professional and technical services fund is the largest fund, and that the training fund has been increased due to the new staff members that were added the prior year. She stated that the Citywide training program was decreased slightly, although many ongoing training Volume 55 - Page 194 City of Newport Beach Study Session Minutes May 28, 2002 programs would be taking place during the 2002 -03 fiscal year. Human Resources Director Livingston stated that the risk management division of the department is also status quo from the previous year. Per Mayor Pro Tem Bromberg's question, Human Resources Director Livingston stated that the part-time position in the department was used during the previous fiscal year, but not included in the budget. It is for a contract attorney and is now a part of the budget. Human Resources Director Livingston confirmed for Mayor Ridgeway that the department has nine full-time positions. Human Resources Director Livingston referred to the internal service funds and the insurance reserve fund. Administrative Services Director Danner clarified that internal service funds are charged back to all departments. Human Resources Director Livingston stated that the insurance reserve fund includes workers compensation and general liability. She stated that the City's broker has indicated that there will be significant increases in workers compensation, excess insurance and general liability. Mayor Ridgeway stated that he is experiencing a 25% increase in insurance premiums on the properties he owns, and that it is even more difficult for the public sector. Council Member Heffernan asked if the deductible or self - insurance amounts in any of the insurance categories were being changed. Human Resources Director Livingston stated that this would be an option but if considered, would require City Council approval. Fire Department Fire Chief Riley stated that the Fire Department budget for the 2002 -03 fiscal year totals over $20 million and is a 6.87% increase from the previous year, primarily due to the new fire station in Newport Coast. He noted that one position is also being added. He stated that the department does generate some revenue, which includes plan check and fire construction inspection fees, the fire medic membership program, direct service fees and the junior lifeguard program. Fire Chief Riley stated that the department has four divisions and they include administrative support services, emergency operations, fire prevention, and training and education. He stated that the department has 147 full -time positions, with 134 being safety personnel. He noted that the number of positions changes throughout the year, based on the seasonal lifeguard staffing. Fire Chief Riley stated that eleven supplemental items were submitted to the City Manager, and three were approved. One item that was approved was for a new Fire Prevention Inspector, which was needed due to the annexation of Newport Coast. He stated that an additional fire engine is also being added to the fleet and the amount of money used for fire hose replacement has been increased. Fire Chief Riley stated that a fourth supplemental request for sending additional personnel to paramedic school is being handled by rebudgeting money that wasn't used for training during Volume 55 - Page 195 City of Newport Beach Study Session Minutes May 28, 2002 the 2001 -02 fiscal year. Fire Chief Riley stated that 83.16% of the department's total budget is used for salaries and benefits. He noted that a significant portion of the budget is used for overtime due to the continuous staffing that must occur. Fire Chief Riley additionally pointed out the money budgeted for equipment maintenance and replacement, and noted that nearly $1 million is spent to keep the department's fleet operating. The budget also includes the rental fee for the temporary trailer and engine at the Santa Ana Heights station, and money for the fire communications system. He explained that this is a Joint Powers Agreement (JPA) for dispatch services. INDEX Council Member Glover asked how much the cost of the JPA increases per year. Fire Chief Riley stated that it's a reasonable increase at about 4-Y2% to 5% per year. The program costs the City approximately $1,000 per day, seven cities participate and it is run out of Anaheim. Fire Chief Riley noted another JPA that the City participates in, which is the central training in Huntington Beach. He stated that participation in this JPA will be evaluated during the upcoming fiscal year. Lastly, Fire Chief Riley pointed out that over $120,000 is spent on junior lifeguard uniforms. Council Member Heffernan complimented the allocation plans provided in the resource allocation plan for each of the departments. He stated that they should be a part of the budget review because they provide a helpful four -year trend. Planning Department Assistant City Manager Wood stated that most of the changes to the Planning Department budget for the 2002 -03 fiscal year are structural, meaning that how costs are shown and where they are presented has been changed. She noted that the amount budgeted for overtime has decreased due to an increase in staffing. She also pointed out the money budgeted for various projects. Council Member Glover asked for an update on the status of the project to develop new sign regulations. Assistant City Manager Wood stated that the project has not been started, due to the focus on the general plan update. Additionally, per Council Member Adams' question, Assistant City Manager Wood stated that $40,000 is being carried over for the project from the current fiscal year. Council Member Glover asked if $40,000 would be sufficient. Assistant City Manager Wood stated that it should be, and added that the work already done for the Balboa Peninsula and Mariners Mile might be useful when looking at the other parts of the City. Assistant City Manager Wood stated that the Planning Department has added a new division, which is the community development division. She stated that this is a part of the structural changes mentioned earlier. Volume 55 - Page 196 City of Newport Beach Study Session Minutes May 28, 2002 Mayor Ridgeway stated that he is aware of the Planning and Building Departments attempting to charge for the actual expenses incurred by staff for specific projects, and asked what percentage of project costs are covered by applicant fees. Assistant City Manager Wood stated that approximately 50% of costs are recovered in the Planning Department, and added that all of the fees should be reviewed. She additionally noted that two new positions were requested that were not approved by the City Manager, which included an Associate Planner to work on cases going to the Planning Commission and an Assistant Planner to work on code amendments and housing issues. She stated that if cost recovery were improved for development review, these positions could be funded through that revenue. Mayor Ridgeway stated that cost recovery should be a priority. City Manager Bludau stated that a report would be presented within the next couple of months. Council Member Glover recalled that a fee study had been done several years prior. Administrative Services Director Danner confirmed that the study was done about six years ago and that the fees have been adjusted annually based on cost of living and employee costs. Assistant City Manager Wood stated that fee studies, in general, don't take into account how much time is spent on various use permits, variances and zone changes. Council Member Glover stated that it was a thorough study. Assistant City Manager Wood stated that the information from staff could have been more detailed, but that they are now tracking the information and will have a good database when looking at adjusting the fees. Building Department Building Director Elbettar began by announcing that the Building Department will be holding a user group meeting on June 17, 2002, to present the new procedures for processing plan checks. He stated that it will also provide the opportunity to discuss other issues and respond to questions. Mayor Ridgeway stated that completing plan checks within four weeks will be a challenge, but he complimented the effort. City Manager Bludau clarified that the four -week goal would be from the time the plans are initially received to the time the City sends back its comments. INDEX Building Director Elbettar stated that the budget for the Building Department for the 2002 -03 fiscal year is basically status quo with no major changes, although there are some minor reallocation of funds and an increase in the training budget. Building Director Elbettar stated that the largest item in the operating budget is the $198,000 budgeted for the hiring of outside consultants to assist with plan checks. Per Mayor Ridgeway's question, Building Director Elbettar stated that the plans that are checked by outside consultants are still reviewed by staff for completeness. Mayor Ridgeway stated that he understood the need for private plan checks when the workload exceeds what can be done by staff, but he discouraged the use of outside consultants whenever possible. Building Director Elbettar stated that the use of outside consultants will Volume 55 - Page 197 City of Newport Beach Study Session Minutes May 28, 2002 most likely not be reduced, although they are used as a last resort. Mayor Ridgeway stated that he hoped that the new procedures would assist staff in handling the workload. Per City Manager Bludau's question, Building Director Elbettar stated that the plans sent to the outside consultants are still intended to meet the four -week goal. Building Director Elbettar stated that a new inspector has been budgeted due to the annexation of Newport Coast, but it has not been filled yet. INDEX Per Council Member Heffernan's question, Building Director Elbettar stated that the County handles the planning and entitlements in Newport Coast. The City would handle secondary permits. Referring to the resource allocation plan, Council Member Heffernan asked for an explanation of the steady drop in revenue for the department. Building Director Elbettar stated that the increase in 1998 represents the transfer of permit fees to the City from Irvine when Bonita Village was acquired. He stated that the decrease in revenue is also due to the drop in commercial activity since the passage of Greenlight. City Manager Bludau noted that, due to remodels, the number of inspections has remained the same while the assessed valuation has decreased. Council Member Heffernan stated that Greenlight might not be the sole reason for the drop in commercial activity. General Services Department General Services Director Niederhaus introduced Deputy General Services Director Pisani and stated that he assists with the department's budget and also manages the internal services fund. Using a PowerPoint presentation, General Services Director Niederhaus noted that the department's general fund budget has increased 10 %, the capital improvement program has decreased 13% and the internal service fund has decreased 34 %. He listed the major items in the general fund accounting for the increase. Council Member Heffernan asked if t included the slope maintenance he General Services Director Niederhaus General Services' budget. is Newport Coast maintenance item mentioned earlier in the meeting. stated that it is not contained in the General Services Director Niederhaus continued listing the major items in the general fund, which included maintenance and refuse collection for Newport Coast, increases in salary and benefits, vehicle and equipment rate increases, three approved supplemental budget requests, maintenance of the new Bonita Canyon Sports Park and tree trimming increases. Council Member Glover asked how much money would be needed to trim the older trees frequently enough to prevent the roots from spreading. General Services Director Niederhaus stated that it would cost $93,000 and would be covered later in his presentation. Per Council Member Glover's question, General Services Director Niederhaus stated that there is an adequate amount of funding to maintain the roadsides and parks. Council Member Glover stated that she is most interested in maintaining the older trees, and would budget more money towards this, if needed. General Services Director Niederhaus stated that the budget checklist items incorporate what Volume 55 - Page 198 City of Newport Beach Study Session Minutes May 28, 2002 Council Member Glover is requesting. General Services Director Niederhaus listed maintenance at Balboa Village, a recycling increase and fire ring maintenance as the other major items in the department's general fund budget. He then displayed an organizational chart of the department and noted that there are eight divisions, a consolidation of the previous nine. He added that there is an upgrade of a maintenance worker position and a deletion of a groundsworker position. General Services Director Niederhaus displayed a pie chart of the proposed budget for the 2002 -03 fiscal year. He stated that three of the eight supplemental budget requests were approved by the City Manager. He noted the approval of $45,000 for ficus tree root pruning and explained that this is one of three approaches to address the ficus tree problems as mentioned earlier by Council Member Glover. The other two are completing a Citywide tree inventory and annual trimming of the ficus trees, which are both budget checklist items. General Services Director Niederhaus displayed a detailed breakdown of the use of outside services for each of the divisions in the department. He also displayed a detailed breakdown of the use of overtime for each of the divisions. General Services Director Niederhaus displayed a slide showing the expenditures for solid waste disposal and noted that nearly half is recovered through the recycling service fee. He, additionally, displayed detailed information on the utility expenditures for the department, which included water and electricity. He also displayed detailed expenditure information for equipment maintenance and replacement. General Services Director Niederhaus stated that the department's revenue includes money received from the recycling service fee and the solid waste franchise fee. He stated that the grants included in the budget will be used towards summer litter abatement and the placing of grates over the entrances to the storm drains in Balboa and West Newport. For Mayor Ridgeway, General Services Director Niederhaus clarified that the grates would be placed on both the peninsula and Balboa Island. INDEX General Services Director Niederhaus displayed the 2002 -03 schedule for the replacement of rolling equipment for all of the departments. Council Member Glover asked how the maintenance of the parks is handled. General Services Director Niederhaus explained that all of the parks have at least five -year programs and sufficient money has been budgeted to follow the programs. Council Member Glover requested that he make the City Council aware of any shortage of money. Council Member Heffernan stated that a consistent policy should be followed for the maintenance of ficus trees throughout the City. General Services Director Niederhaus stated that the maintenance of the ficus trees includes systematic removal of some trees followed by reforestation, root pruning of those that will be saved and annual trimming of all problem trees. Council Member Heffernan asked how staff knows which trees to remove and which Volume 55 - Page 199 City of Newport Beach Study Session Minutes May 28, 2002 to trim if the inventory isn't done. General Services Director Niederhaus agreed that the inventory is the key to the program. Mayor Ridgeway suggested that the Study Session on June 25, 2002, begin at 3:30 p.m. to enable the budget review process to be completed. Regarding the City's recycling program, Nancy Skinner, 1724 Hig] Drive, requested that an outside study be done to compare the system by the City compared with what is being used by other cities. additionally, requested that a test be done in a part of the City on the recycling system. ADJOURNMENT — 6:08 p.m. ui1�-1YRP The agenda for the Study Session was posted on June 5, 2002, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 55 - Page 200 CITY OF NEWPORT BEACH City Council Minutes D Regular Meeting PA June 11, 2002 - 7:00 p.m. r - 4:00 P.M. CLOSED SESSION — 6:08 p.m. ................... A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, ONeil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Absent: None C. CLOSED SESSION REPORT — None. D. PLEDGE OF ALLEGIANCE — Council Member Proctor. E. INVOCATION — Jim deBoom, Executive Director, Newport Mesa Irvine Inter -Faith Council. F. PRESENTATIONS Proclamation declaring June 214 as the beginning of our "Salute to Summer Celebration" and declaring Ruby's Diner an outstanding contributor to the citizens of Newport Beach. Proclamation for Dr. Jan Vandersloot recognizing him for receiving a 2002 Environmental Excellence Award from the Orange County League of Conservation Voters. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIRE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEMI • Council Member Proctor requested that the balance of the District 2 funds be utilized toward overtime for extra bicycle patrols on the Fourth of July. • Council Member Adams announced that there will no longer be a fireworks display at the Dunes during the Fourth of July. City Manager Bludau reported that the Dunes is not interested in hosting the event and Pyro Spectaculars is not interested in having a show at the Dunes for liability reasons. • Council Member Glover expressed her appreciation to Public Works Director Badum for working with the City of Costa Mesa on Agenda Items 12 and 13. Volume 55 - Page 201 INDEX Ruby's Diner (33) Jan Vandersloot (33) City of Newport Beach City Council Minutes June 11, 2002 • Mayor Pro Tern Bromberg announced that the 91h Annual Balboa Island Parade was held last Sunday and that there were 107 entries. • Council Member O'Neil reported that there was a private fireworks display offshore last Sunday for a wedding. He requested that a policy and report come back to Council in order to regulate special events with fireworks displays off the coast and to ensure that there is adequate insurance. • Council Member Heffernan requested a report regarding the Trenton Veches issue, specifically what the City is doing to respond to the incident, the programs, staffing, and what is done on a continuous basis. • Council Member Heffernan requested a Fire Department report on what they consider, are adequate buffer areas in Newport Coast for fire protection purposes prior to the City taking responsibility over the slope areas. I. CONSENT CALENDAR READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MAY 28, 2002. Waive reading of subject minutes, approve as written and order filed. Council Members Adams and Proctor abstained from voting on this item. 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. ORDINANCES FOR ADOPTION 3. Removed at the request of an audience member. 4. ADOPTION OF REVISED EMERGENCY MANAGEMENT PLAN (EMP). Adopt Resolution No. 2002 -37 revising the City's Emergency Management Plan pursuant to Chapter 2.20 of the Newport Beach Municipal Code and directing staff to submit it to the State of California Office of Emergency Services. 5. FOURTH OF JULY STREET CLOSURE RESOLUTION. Adopt Resolution No. 2002 -38 authorizing the Police Department to temporarily close, or divert traffic from portions of Seashore Drive, Balboa Boulevard and Newport Boulevard during the Fourth of July holiday, to install temporary boundaries on Seashore Drive and to close certain parking lots. 6. Removed at the request of an audience member. 7. Removed at the request of an audience member. Volume 55 - Page 202 INDEX Res 2002 -37 Emergency Management Plan (41) Res 2002 -38 Fourth of July Street Closure (85) City of Newport Beach City Council Minutes June 11, 2002 CONTRACTS AND AGREEMENTS INDEX 8. MARINERS DRIVE SPILLWAY (C -3390) — COMPLETION AND C -3390 ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Mariners Drive Notice of Completion; 3) authorize the City Clerk to release the Labor and Spillway Materials bond 35 days after the Notice of Completion has been recorded in (38) accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 9. BEACH RESTROOM IMPROVEMENTS — 15TH STREET, NEWPORT C -3377 PIER, 58TH STREET AND ORANGE AVENUE (C -3377) — Beach Restroom COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize Improvements the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to (38) 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 (1) year after Council acceptance. 10. APPROVAL OF SUBDIVISION AGREEMENT FOR PARCEL MAP C -3536 NP2001 -010 (COUNTY PARCEL MAP NO. 2001 -140). 1) Approve a Parcel Map Subdivision Agreement guaranteeing completion of the public improvements NP2001 -0101 required with Parcel Map NP2001 -010; and 2) authorize the Mayor and the Public Improvements City Clerk to execute the Agreement. (38184) 11. JAMBOREE ROAD MEDIAN IMPROVEMENTS — AWARD OF C -3459 CONTRACT (C- 3459). 1) Approve the plans and specifications; BA -046 2) allow Oakridge Landscape, Inc. to withdraw their bid; 3) award the Jamboree Road contract (C -3459) to Mega Way Lighting Inc. for the total bid price of Median $250,055.73 and authorize the Mayor and the City Clerk to execute the Improvements contract; 4) establish an amount of $25,000 to cover the cost of unforeseen (38/40) work and testing; and 5) approve a budget amendment (BA -046) authorizing an increase of $100,300 to Account No. 7261- C5100580 from the unappropriated balance of the Transportation and Circulations Fund. 12. COOPERATIVE AGREEMENT BETWEEN THE CITY OF COSTA C -3279 MESA AND THE CITY OF NEWPORT BEACH FOR THE Irvine Avenue CONSTRUCTION OF MEDIAN LANDSCAPING AND HARDSCAPE Median IMPROVEMENTS ON IRVINE AVENUE BETWEEN WESTCLIFF Landscaping and DRIVE AND DOVER DRIVE (C- 3279). Approve the Cooperative Hardscape Agreement between the City of Newport Beach and the City of Costa Mesa, Improvements and authorize the Mayor and the City Clerk to execute the Agreement. (38) 13. IRVINE AVENUE MEDIAN IMPROVEMENTS FROM WESTCLIFF C -3279 DRIVE TO DOVER DRIVE — AWARD OF CONTRACT (C- 3279). BA -045 1) Approve the plans and specifications; 2) award the contract (C -3279) to Irvine Avenue Southland Construction for the total bid price of $189,100 and authorize the Median Mayor and the City Clerk to execute the contract; 3) establish an amount of Improvements $18,900 to cover the cost of testing and unforeseen work; and 4) approve a (38/40) budget amendment (BA -045) appropriating an additional $23,000 to Contributions Account No. 7251- C5100488 and increasing revenue estimates by $23,000 in Account No. 250 -5901. 14. STREET IMPROVEMENTS — MONROVIA AVENUE FROM 15TH TO C -3471 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO Street SUPERIOR AVENUE — AWARD OF CONTRACT (C- 3471). 1) Approve Improvements Volume 55 - Page 203 City of Newport Beach City Council Minutes June 11, 2002 the plans and specifications; 2) award the contract (C -3471) to Ben's Asphalt, Inc. for the total bid price of $202,249 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $20,000 to cover the cost of unforeseen work and testing. 15. PROFESSIONAL SERVICES AGREEMENT FOR HAZARDS ASSESSMENT. Approve the professional services agreement with Earth Consultants International to conduct a study of potential health and safety hazards for the updates of the Local Coastal Program (LCP) and the General Plan. MISCELLANEO US ACTIONS 16. Removed at the request of an audience member. 17. APPROVE A BUDGET AMENDMENT TO TRANSFER $14,000 FROM THE LIBRARY DISTINGUISHED SPEAKER LECTURE SERIES LIABILITY ACCOUNT TO VARIOUS EXPENSE ACCOUNTS. Approve BA -044. 18. Removed at the request of an audience member. Motion by Mayor Pro Tern Bromberg to approve the Consent Calendar, except for those items removed [3, 6, 7, 16 (as modified), and 18] and noting Council Members Adams and Proctor's abstention on Item No. 1. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None J. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. MODIFICATION TO SECTION 11.12.150 — SWIMMING REGULATIONS — DIVING OR JUMPING FROM PUBLIC PROPERTY. Jim Hildreth stated that City employees should not be required to endanger themselves. He added that, if an employee does not jump into the water when directed, he is violating employment guidelines. He stated that, if it is unsafe to dive or jump from public property for the public, it should be unsafe for City employees. Motion by Council Member O'Neil to adopt Ordinance No. 2002 -11. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None Volume 55 - Page 204 INDEX (38) C -3537 Hazards Assessment (38) BA -044 Distinguished Series Lecture Series (40/62) Ord 2002 -11 Diving or Jumping from Public Property (70) City of Newport Beach City Council Minutes June 11, 2002 b. iCLU1L;LllV li3OZ.KVll:ri r1'Z. Jim Hildreth noted that the recycling rate for 2000 was 47% when it is supposed to be 50 %. He stated that Stanton should do its job regarding recycling. He added that, if there are things in the trash that can be recycled, people should be encouraged to do so. He believed that the City should also get credit for items that are taken to Goodwill since they are recycled. He commended the refuse workers. Motion by Council Member O'Neil to adopt Resolution No. 2002.39 authorizing the recycling service fee to be set at $2.46 per month per residential unit effective July 1, 2002. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None 7. CALIFORNIA STATE COASTAL CONSERVANCY GRANT Motion by Council Member O'Neil to adopt Resolution No. 2002 -40 authorizing the City Manager, on behalf of the City, to execute an agreement with the California Coastal Conservancy for a grant for the Castaways Park Revegetation Plan. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None 16. PUBLIC HEARING — REVOCATION OF MOORING PERMITS (contd. from 5114/02). City Manager Bludau reported that the Harbor Patrol certified the vessel in mooring C -11 today, so staff recommends that only mooring A -225 be forwarded to the Harbor Commission for their review and recommendation since mooring C -11 is now in compliance. Jim Hildreth agreed with the recommendation and stated that a boat owner should know that they can be fined if the boat pollutes the harbor. Motion by Council Member O'Neil to refer mooring revocation for mooring A -225 to the Harbor Commission for review and recommendation. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Volume 55 - Page 205 INDEX Res 2002 -39 Recycling Service Fee (40144) Res 2002 -40 C -3535 Castaways Park Revegetation (38162) Mooring Permits (51) City of Newport Beach City Council Minutes June 11, 2002 Abstain: None Absent: None 18. RECOMMENDATION FROM ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE REGARDING MANSIONIZATION. Elaine Linhoff, 1760 E. Ocean Boulevard, stated that discussions on mansionization have been brought up in several General Plan Update visioning meetings. She expressed concern that, if the City waits to address this until after the General Plan Update is completed in 2004, the character of the older neighborhoods will be changed by then. She handed out Residential Development Standards from the 1970s for Corona del Mar, West Newport, and the Balboa Peninsula to show how standards have changed. Dolores Otting, Harbor Hill, stated that one of the smallest lots in her neighborhood was going to have one of the largest homes, but the residents signed a petition to not allow the house to be built to that size. She indicated that this is happening throughout the country and is ruining everyone's neighborhoods, and takes away people's light and quality of life. Ms. Otting reported that mansionization was on all the group lists during the visioning process, but was not listed as one of the top three priorities. She emphasized the importance of this issue. Jim Hildreth believed that undergrounding the utilities on Balboa Island has allowed three story homes to be built and that the fire station set the precedence. He stated that Balboa Island and the Balboa Peninsula cannot support taller buildings since they are sandbars. Council Member Heffernan stated that he was at the EQAC meeting when this was brought up and suggested that the Building Department conduct an informal survey of what people are taking down versus what they are building in order to track the trends. He indicated that he will be discussing the Port Street building standards in his monthly District letter. He stated that this may need to start at the association/neighborhood level. Mayor Pro Tem Bromberg stated that, even though mansionization is different throughout the City, it will change its character and charm. He commended EQAC for looking at this issue and for its recommendation. He stated that Council will probably be looking at this sooner rather than later. Motion by Mayor Pro Tem Brombere to direct the General Plan Update and Advisory Committees to monitor public input on mansionization, and advise the City Council on the need for action prior to the General Plan update. Council Member Glover stated that she lives in a small house in Newport Heights. She indicated that the City has fairly good sales tax revenue, but believed that the State may eventually take that away and divide all the revenues per capita. She noted that the citizens voted to restrict growth in the City and advised everyone that restricting what people can build also deals with people's property values. She emphasized that she does not want to see mansionization on another agenda unless notification is sent to every property owner. Volume 55 - Page 206 INDEX Mansionization (6S) City of Newport Beach City Council Minutes June 11, 2002 Mayor Ridgeway agreed that this is a property rights issue and affects every homeowner because their property values will decrease if the City starts attacking the floor area ratios (FARs). He believed that, if an open space requirement by volume is brought back, it would not take away property rights but force people to be more creative with their FAR and everyone's values will remain the same. Mayor Pro Tem Bromberg believed this will not completely devalue property rights. He stated that today's argument that mansionization is killing the charm of Balboa Island is the same argument made in 1976. He pointed out that, even though the FAR went from 2.0 to 1.5, property values have definitely not decreased. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None Motion by Council Member O'Neil to consider Item No. 24 before Public Comments. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: Proctor Absent: None P. CURRENT BUSINESS 24. MARINERS LIBRARY JOINT USE PROJECT — APPROVAL OF COOPERATIVE AND EXCHANGE OF REAL PROPERTY AGREEMENTS, NOTICE OF EXEMPTION, AND RESOLUTION NO. 2002 -42 AUTHORIZING SUBMITTAL OF GRANT APPLICATION PACKAGE. City Manager Bludau reviewed the recommendations. He reported that, on November 27, 2001, a proposal was presented to Council regarding the joint use of a new library near Mariners Elementary School. He stated that the proposal serves the Mariners Branch Library and the school library, and provides enhanced services for the community and the school. He indicated that the new library will be relocated adjacent to the school to provide direct student access through a separate Children's Room entrance. He reported that the current library will be demolished and combined with the school library. He stated that the parking along Dover Drive will be retained and 50 spaces will be added in front of the new library from Irvine Avenue. Mr. Bludau stated that the City and the School Board met regarding the joint use concept and believed that, after considering a number of alternatives, it would be a good project to qualify for State funds. He noted that the funds to be used are Proposition 14 funds (Library Bond Act of 2000) which is a Statewide bond measure approved on March 7, 2000. He Volume 55 - Page 207 INDEX Res 2002 -42 C -3496 Mariners Library Joint Use Project (38/50/78) City of Newport Beach City Council Minutes June 11, 2002 INDEX reported that the City and the School Board agreed with the joint use concept because of the proximity to the school, the safety measures, and the access to City and school library staff. He added that there are currently 43 joint use facilities in the State (18 in elementary schools, 6 in middle schools, and 13 in high schools). Mr. Bludau reported that, on December 11, 2001, Council authorized a Professional Services Agreement in the amount of $104,000 with Thirtieth Street Architects. He stated that the design is for a 15,125 square foot library, incorporating 3,700 square feet for a Children's Room that would have a separate and secure 2,000 square foot school library during school hours. He reported that the library will be open from 9:00 a.m. to 9:00 p.m. Monday to Thursday, 9:00 a.m. to 6:00 p.m. Friday and Saturday, and closed on Sunday. He stated that about 1,700 square feet of the children's area will still be accessible to the general public during all hours that the library is open. Mr. Bludau referenced letters in the Daily Pilot relative to concerns. Regarding the concern about why anyone would want to knowingly put the children in harms way and expose them to adult internet at the library, he stated that the computers in the school's portion of the library will be filtered. Regarding the concern that public facilities can be gathering places for pedophiles, he stated that this argument could be made of beaches, parks, and any public location. Regarding the concern that the reason to accept the safety risks is the benefit of free money provided by joint use facility funds, he stated that Council and the School Board believe that this is a win -win situation and that the children's security is going to be enhanced beyond what is currently provided by the school district. Regarding the statement that there needs to be additional ongoing costs if the facility is to be safeguarded, he stated that they are proposing adding one full-time and one part -time library position. Regarding the question of whether the school district money can be equally apportioned amongst all of the school libraries, he stated that the Library Bond Act is not set up to do this and requires individual applications for each co -use. Regarding the concern that the general public will be prohibited from using the school library section for 30 hours/week, he clarified that a City librarian will be available to get any book in the school section at any time, but adults will not be permitted unless they receive permission from the school. Regarding the comment that nothing will be as safe or comforting as being able to walk down the hall to the on- campus school library, he stated that the same benefit will be available with the new library. Regarding the comment about why adults who are charged with protecting grammar school children would voluntarily elect to integrate them with the general public during school hours, he emphasized that this will not happen and that the school library will function the same way as it currently does. Assistant City Librarian Gaetano utilized a PowerPoint presentation and reported that the 40 year old Mariners Public Library is eroding and has weather damage, the book drops overflow, there is no room to expand collections, the shelves are too tall, the story time /picture book room has insufficient seating and space, there is poor acoustics and high noise levels, and no room to expand computer space. She added that the 11 computers are inadequate to serve customers and the wiring /cable structure will not support future technology. Regarding the school library. she reported that it is housed in a 900 square foot portable trailer, the shelves are full with no Volume 55 - Page 208 City of Newport Beach City Council Minutes June 11, 2002 INDEX room for growth, there is inadequate wiring for newer and future technology, it is a single room that is dark with little window space, and the shelves are too tall for the children's reach. Ms. Gaetano stated that the new facility was built with the children's security first in mind. She reported that there will be a separate Children's Room that will be secured during school hours and the area will only be accessible by the school district for their classes. She stated that there will also be a separate school entrance, video surveillance, visual control by library staff, and internet filters. She added that the new Children's Room will be 3,700 square feet, have seating for 32 students, access to the Newport Beach Public Library's databases for homework use, the size of the collection will double, there will be a separate story time room, and 12 filtered computers reserved for children. She stated that the library will also have a Teen Corner for a study area with enhanced collections and computers. She reported that the library will have 28 computers for adults in the Adult Section, three self check-out stations, a quiet reading area for adults, expanded collections, and additional parking. Chip Gulley, Thirtieth Street Architects, Inc., Director of Design, presented the exhibits that will be submitted to the State with the application. He stated that the conceptual area plan allows the State Library to see the library and the school surrounded by the park, a fire station, residential neighborhoods, a shopping center, and bus stops. He displayed a site plan to show the relationship of the school and the library, and to show where the new tennis courts will be located. He stated that vehicle access will be from Irvine Avenue into a 50 stall parking lot. He noted that there is a plaza area and displayed the pedestrian access. He emphasized that there will be no access directly off of the park to the library. He reviewed the floor and furniture plans. Mr. Gulley pointed out that the Children's Room is divided into two sections for public children and school children, the staff desk has doors that are only accessible by staff, each side has unisex toilets adjacent to the staff so they can monitor who is using the facility, and there will be a roll down, glass door to separate the public from the school children during school hours. He reported that, if a child from the public was interested in a book that is located on the school's side, the librarian can be asked to retrieve the book for them. He stated that the school children have their own entrance which would be operated by a security device. He added that the school's section is separated from the parking lot and school grounds by an eight foot concrete masonry wall. Mr. Gulley presented the exterior elevations and aerial views of the library. He noted that the roof is pitched, but the fascia gives the appearance of being flat. He stated that there are restrooms that will be accessible to the park. He reported that the materials used will be required to have a minimum 50 year durability standard. Mr. Bludau emphasized that the room divider that separates the public section of the children's library from the school's section comes out from the ceiling and would only be in place during school hours. He stated that there would be a separate school entrance that could be accessed only by school personnel; however, if there is a home - school mom wanting to come in, there will be security cameras and she can obtain entrance from either the school or City librarian. He noted that the design provides for outstanding visual control from the school and City librarians. He reported that the Children's Room will be staffed at all times, the entire library will be monitored at all times by video security cameras, the children's computers will be filtered, Volume 55 - Page 209 City of Newport Beach City Council Minutes June 11, 2002 I al 1 D►` there will be separate restrooms for the children that are located directly behind staff. He noted that public restrooms are located on the other side of the library. Chris Wilkinson, 1600 Anita Lane, reported that, less than 90 days ago, she and Theresa Chase stood before Council to assure them that they would raise the money to allow the Mariners joint use library proposal to be submitted to the State. She announced that they raised $1,023,395, which represents over 650 documented donors. She stated that the Mariners community, including parents whose children attend Mariners Elementary, Kaiser Elementary, Newport Heights Elementary, Ensign Intermediate, Eastbluff Elementary, Newport Elementary, and private schools, along with other residents continue to step forward to let Council know they want this library project to move forward. She noted that in -kind donations and a lot of time have also gone into this effort. She thanked Marian Bergeson who is the honorary chair, the committee, the library, City staff, Board of Library Trustees, and the Newport -Mesa Unified School District staff and Board of Trustees. In response to Council Member Heffernan's questions, Ms. Wilkinson reported that the Creens have committed $500,000, but most of the money came from the community. She noted that all the money is on deposit. Mayor Ridgeway stated that the project commenced in December and that the fundraising is an extraordinary grassroots effort that is unheard of in the State. Karen Clark stated that she is speaking on behalf of the Board of Library Trustees and that they are completely supportive of the project. She emphasized the value that a great library brings to a community and the value that a community places on the library system. She stated that this new library will only enhance the reputation of the Newport Beach library. She reported that the genesis for the project was to use State money (Proposition 14) to benefit the City. She believed that this project maximizes public funding without using large amounts of local funds. She stated that there was a lot of thought behind co- locating the library, mainly for safety reasons since the children have to currently cross the park in order to get to the library. Additionally, the existing school library is not as safe as the new library. Ms. Clark emphasized the strong community support for the library and pointed out the advantages of the new library, i.e. a larger collection of books and other materials, 30 additional computers, a Teen Center, a quiet Adult Section, separate Children's Room and story time room, expanded homework center, and increased parking. She noted that the safety concerns have been addressed. She pointed out that the library, City, and School Board have joined together in an amazing fashion. She concluded by stating that the new library will be a great credit to the community and a benefit to all the citizens of the City for many years. Mayor Ridgeway stated that the City Manager was involved in the process with the School Board, Board of Library Trustees, and Council. He indicated that the safety issues were brought to Council's attention by the opponents, and thanked them because it forced a wonderful design. He reported that the Library Trustees and the School Board have each had four noticed hearings. He indicated that the library is safer than what currently exists and that every criticism has been addressed. He stated that he is supportive of the project and that the community has also shown their Volume 55 - Page 210 City of Newport Beach City Council Minutes June 11, 2002 support. 11013 1 Council Member Glover stated that the people who had concerns about security for the children heightened Council's awareness and made them look more closely at the project. She commended Ms. Wilkinson and Ms. Chase for their efforts in raising the community funds, the Creens for being good citizens and continuing to support the community, and the City Manager for his part in the project. She stated that this will be a wonderful addition to the neighborhood and that the City is fortunate to have this opportunity. Motion by Council Member Glover to 1) approve a Cooperative Agreement for the Joint Mariners Library Project with the Newport-Mesa Unified School District and authorize the Mayor and the City Clerk to execute the Agreement; 2) approve an Exchange of Real Property Agreement and Joint Escrow Instructions with the Newport -Mesa Unified School District for the Mariners Library Project and authorize the Mayor and City Clerk to execute the Agreement; 3) approve Notice of Exemption; and 4) adopt Resolution No. 2002 -42 certifying the project budget, local funding commitment, supplemental funds, and public library operation of the Joint Mariners Library Project between the City of Newport Beach and the Newport -Mesa Unified School District. Mayor Pro Tern Bromberg stated that Council has received a lot of emails and letters regarding this issue and the Daily Pilot has given it balanced coverage. He believed that this is why the City will have the most state -of- the -art joint use library anyone can conceive. He stated that people should look at the people and entities supporting this library and emphasized that the children's safety is of paramount importance. He added that, because of this, the best facility will be built and the children will benefit from it. Council Member Heffernan believed that this should have come to a public hearing sooner. He stated that there seemed to be a lot of misinformation but understands that the design has evolved over time. Mayor Ridgeway stated that he has a 12 year old, 9 year old, and 7 year old who attend Newport Elementary, contributed to the cause, and has no concerns regarding the safety at the library. Kirt Gentry, 2000 Beryl Lane, stated that he has three children attending Mariners Elementary. He presented Council with a petition signed by nearly 300 residents expressing concerns about the new library. He indicated that the petition is not intended to stop construction, but to ask for another opportunity so the public can express their concerns and be addressed by the City and School Board. He indicated that all the information disseminated at the four meetings stated that a new Mariners Branch Library was to be discussed and that the phrases "joint use" and "to replace the Mariners Elementary School Library' were not used until late May. He stated that the public only became informed about the issues surrounding the joint use library in the last two weeks. Additionally, the City and School Board announced dramatic changes a week ago about how the library will serve the school children. He stated that, if the City continues on this path, he will always wonder if another solution might be out there, i.e. to have a joint venture library using general fiends rather than priority Proposition Funds. Further, he questioned if another alternative Volume 55 - Page 211 City of Newport Beach City Council Minutes June 11, 2002 INDEX would be a cohesive community effort to renovate, restore, and enlarge the library in its current location. He believed that the alternatives would not require video surveillance, a security keypad, a roll down barricade, or divide a community. Jerry Russell, 1251 Santiago, stated that he is not sure where the need for the library came from and that the community will be sacrificing park space for the general good of the larger community. He noted that he does not know anyone in the Mariners neighborhood that does not have internet access at home. He believed that people from far away will be coming to the neighborhood to use the facility and that the project would degrade the value of their neighborhood. Russell Niewiarowski, 20102 Mine Drive, Santa Ana Heights, stated that he is not sure he agrees with the joint use of the library. He believed that the library should be a multi -level building with the public using one level and the children using a different level. Further, the building could be made smaller by having subterranean parking. He stated that the design should include a circular driveway with more greenspace. He expressed the opinion that the children's partition should be solid, not glass. Further, the parking lot should not take up the entire frontage and the roof should not be flat. He believed that the building looks institutional. Noting that the land came from The Irvine Company, he stated that the style and architecture should be more like the Westcliff Plaza to be more community - friendly. Mary Cornwell stated that she opposes the joint use project. She indicated that the signs requesting funding asked for help to build a new Mariners Public Library when it is actually for a joint use library. She believed that there is no safety issue with walking across the park to the library after school hours because parents have the opportunity to supervise their children. She stated that she will no longer be able to supervise her children during school hours when they go to the joint use facility and believed that having people sign in at the school encourages more public to walk across already unsafe school grounds. Ms. Cornwell expressed concern about the amount of park space that is going to be taken away by building the 1.3 acre facility, adding parking, and relocating the tennis courts. She noted that the City has a 54,000 square foot Central Library that is less than three miles from the park. She added that the City has a state- of -the- art library but does not have adequate park space for recreation. She believed that there is no need for the library. Regarding the reduction in park area after the existing library is demolished, Council Member Adams stated that there is some reduction but that it does not appear to be significant. Mr. Bludau reported that the new parking pad is 15,000 square feet and the library pad is 15,000 square feet; and the existing library is a little over 9,000 square feet. Council Member Adams stated that the area of the park being affected is between the fire station and existing tennis courts, but there will be a tradeoff with the area obtained by the demolition of the existing library. He indicated that the opponent's comments do not make sense and that, if there was a real issue about the impacts on park space, he would be concerned. Margaret Buckingham stated that she has a 13 year old and is a member of the Newport Beach Library Foundation Board of Directors. She believed that the City needs additional library services and that the current library Volume 55 - Page 212 City of Newport Beach City Council Minutes June 11, 2002 INDEX does not meet the needs of the youth. She pointed out that the issues were addressed after concerns were brought to the attention of the architect and Council. She requested Council approval. Mayor Ridgeway noted that he is the Council liaison to the Youth Council and that children 13 years of age and older feel they have been abandoned because there is no place for them to go. He believed that a state -of- the -art library is a good place to hang out. Jim Hildreth believed that, if this is going to happen, the librarians need to be trained to profile people. Myrna Hamid stated that she uses Mariners Library and the park, and urged Council to check the tradeoffs. She indicated that she does not willingly give up one inch of park space for parking. In response to Council Member Heffernans questions, Mr. Bludau reported that the old library will be torn down after all the equipment and books are relocated, and the space will become open space for the park. Charles Griffin stated that nowhere is completely safe and noted that there is a remote risk of an aircraft crashing into the park from John Wayne Airport (JWA). He asked about soundproofing the building because it is under JWA's flight path and suffers from noise. Mike Huntley, 1621 Warwick Lane, stated that page 16 of the application indicates that 61,395 square feet is being proposed and seven acres of park space will be used, which is 20% of the site. Council Member Adams disagreed and pointed out that there is dead space in front of the existing library that will become functional park space and dead space in front of the tennis courts that will become parking. Mr. Huntley believed that the City appears to be making up the cost difference from the general funds and expressed hope that the residents outside of this area realize the fiscal impacts, potential loss to public services, or additional costs to parks and recreation that may occur due to this project. He stated that many residents believe that the new library is oversized for the size of the community it will be serving. He indicated that the budget does not mention a cost for a signalized intersection and believed that the daily trip generation would be about 1,000 tripslday. He stated that the cost for demolition and hauling the material are also not included. He expressed the opinion that the City is rushing into this application and not exploring alternatives. He asked Council to oppose or table the issue. Tom Duffy, 2021 Holiday Road, commended the City and School Board for being responsive to the safety issues; however, he is more concerned about the effectiveness of joint use facilities. He reported that Minnesota, Iowa, and Wisconsin built joint use libraries, but now have policies against them. He stated that the mission of a public library is different than a school library and believed that combining the two ensures sub - optimum offerings. He noted that public library patrons can check out 20 books for three weeks, but students have a two book limit for a one week period. He added that the school has an accelerated reading program and asked what the children are supposed to do if these books are checked out for three weeks. He stated that the school houses curriculum material to meet the grade- dependent needs of the children and asked if they will be moved to the new facility and Volume 55 - Page 213 City of Newport Beach City Council Minutes June 11, 2002 INDEX who will be responsible for overseeing its use. He believed that, for these reasons, California Department of Education School Library Consultant Barbara Jeffuss said that joint use models are usually used at the high school level and do not work well in elementary schools. Mr. Duffy noted that no one is present tonight representing the school librarians and urged the City and School Board to vote against the current proposal and work with the community to submit a joint venture proposal that allows for cooperative use. He indicated that the grant application can be submitted in March 2003 and January 2004. He stated that, if a joint use proposal goes forward, Council must assure everyone that the school section is dedicated to the school children and that the existing policies remain in tact. Don Webb stated that he lives across the street from the park, library, and school. He urged Council to go forward with the project, believing that it has been thoroughly discussed and the safety conditions have been added. He indicated that safety issues and having the facility as joint use were discussed in December and January. He stated that he reviewed the plans regarding the park space and believed that there is very little, if any, reduction of useable space. He indicated that there are many benefits to the project and that the school may not have been able to finance a library without this. He stated that he is a new grandfather and that he is anxious for his granddaughter to use the facility. Peggy Pugh, 2018 Galaxy Drive, stated that she has two children at Mariners Elementary School and is a supporter of public libraries; however, opposes the current proposal. She agreed that the Mariners Branch Library needs upgrading, but does not believe that this is the best solution for the community. She stated that segregating the school children from the public is an improvement, but believed that the opposition was not heard until a concerned mother called Sacramento and alerted the grant board. She reported that many parents like the school library and do not feel it needs to be replaced. She expressed concern that her children cannot go to the library before school since it will not be open until 9:00 a.m. and cannot go during lunch since they will not have a parent or volunteer accompanying them. She added that the current plan will result in a loss of green space and believed that a subterranean parking facility and keeping it at its present location are better ideas. She expressed concern about the traffic on Irvine Avenue and feels there is an ulterior motive to widen Dover once the library is demolished. Ms. Pugh indicated that it has been difficult to find out how much the project will cost and that tonight is the first time she has seen it in writing. She believed that the public has not had sufficient time to review it and have a forum on the issues. She stated that the flyers she received discussed building a new Mariners Branch Library, not getting rid of the school library. She stated that, once this information was presented, others became concerned. She noted that a joint venture library also qualifies for priority Proposition 14 funds. She urged Council to table the proposal, open it up to the community, and apply for the March 2003 funds in order to get more consensus and a better library plan for her community. Chris Wilkinson stated that discussion about this proposal started last summer and involved the principal and some staff. She indicated that all of the written materials mentioned that the library would be joint use. She noted that supporters have written letters of support and donated money for the library. She requested Councirs support of the proposal and believed that it is a sound business decision and an improvement for the City. She Volume 55 - Page 214 City of Newport Beach City Council Minutes June 11, 2002 INDEX added that they support the design, addition of staff, and extended hours. She stated that many school parents feel there are no drawbacks to the plan since the children get a state -of -the -art library for 30 hours /week and can access the rest of the facility after school. Further, the additional resources and instructional opportunities will better prepare them for the future. She indicated that they are comfortable with the security measures during school hours and trust that the joint advisory committee will address any issues that arise when the facility is operational. She stated that the City has done its homework and developed a sound and responsible plan that will greatly enhance the community. She reported that the State will make its decision in October 2002 and that the grant will be awarded in full or not at all. She indicated that she has advised donors that, if the project is approved, the plan will move forward; however, if not, the funds will be returned in full. Council Member Heffernan emphasized that the City cannot make up the funding difference because it is an all or nothing application. Council Member Adams noted that there was an allegation that the project has been falsely represented in the fundraising campaign. Ms. Wilkinson stated that she reviewed every document that they put out, and staff or the Board of Library Trustees reviewed their documents. She believed that they fairly and accurately represented the project. Council Member Adams asked if anyone in the audience had a copy of a flyer but no one presented one to Council. Mayor Pro Tem Bromberg stated that there was an allegation that the issue of security was only addressed a week ago. Ms. Wilkinson indicated that, during her meetings with the school district, Council, and staff, security was always an important issue. She added that the opponents of the project have done a conscientious job in reviewing the proposal as it developed and raising concerns. She stated that, as a result of this, the security measures have been enhanced. Kathy Zeiser, 15 Castaways North, stated that she would hate to see an opportunity missed if they waited until March 2003 to submit the plan since Governor Davis is spending the money anyway. She believed that not every family in the City has a computer at home with internet access, reporting that there are many kids in her children's classes that do not have computers. She asked how these kids are supposed to compete. Regarding safety, she noted that she frequently sees moms running across Mariners Drive with their small children. She believed that someone will get hit by a car sooner than someone will be stolen from the library. Ms. Zeiser indicated that she spoke to the school librarian earlier this year who was very excited about the plan. She added that there was never a doubt that the project was a joint use library. Ray Lewis, 1863 Bayport Way, stated that he has a first and third grader at the school. He indicated that he attended one of the first School Board meetings and reported that security was one of the highest priorities and that it was always known that this was a joint use facility. He stated that his family supports the project and will use it for decades to come. James Gula, 2018 Galaxy, stated that he has two children at the school and volunteers regularly. He indicated that he is opposed to the joint use library. He stated that he recognizes that Council and the school district Volume 55 - Page 215 City of Newport Beach City Council Minutes June 11, 2002 INDEX have made changes to improve security; however, he believes it is a bandaid on a flawed idea. He indicated that he is not against libraries, but asked if it is appropriate to spend $3.2 million of State money to replace a perfectly, good library when there are many places in the State that do not have a library. He stated that he is confused about all the City funding being used for the new library when the current library does not have funding to be open on Sundays. Mr. Gula believed that having more people use the library will create more traffic in the neighborhood and invite more people to the area. He reported that his son's classroom has five computers, his daughter's has ten, the computer lab has 35, and every class at the school has computers. He also believed that there is no person in the community that cannot afford their own computer. He stated that, if it is the intention of the City to draw in people from other communities to use the libraries, he applauds it; however, he does not feel that this is the intention. He reported that he attended the December meeting and asked if people thought this was a good idea, but was told by the person running it that the purpose of the meeting was to solicit input on how the library should be arranged. He stated that there are many people who oppose the project and that the City officials need to realize that paving over green space and building newer, bigger buildings will not improve this community. Council Member Adams stated that he is not sure what is at the heart of the opposition. He believed that almost every major issue has been addressed. He noted that now people are saying this is being rushed when normally people say that government is slow and inefficient. He believed that the project is a good, efficient, responsible use of public funds, and emphasized that the City will be getting two buildings for the price of one, the resources will be upgraded, and the quality of the building will be improved. He reiterated that the current library is 40 years old, has exceeded its design life, is cramped, and ill- equipped for modern technology. Council Member Adams stated that a criticism was that this is being done to get free money from the State; however, when he took that out of the equation, he still believed that the proposal makes sense regardless of the grant opportunity. He added that, even if the grant is not awarded, the project should be pursued. He stated that he is concerned about compromising park space and does not feel it should be reduced; however, in looking at the plan, it will be minimal. He indicated that, if approved, staff should look into this and determine the exact impact on park space. He noted that there is still time to address operational concerns. Council Member Proctor stated that he initially thought that the biggest hurdle would be raising the funds and commended the effort. He indicated that the function of government is to look at the greatest good for the greatest number, and that Proposition 14 was passed with this in mind. He stated that the funds need to be pursued sooner than later so the opportunity is not missed. He believed that it is a good project that has been well thought out. Mayor Pro Tem Bromberg stated that he has not heard anything this evening that has changed his position on this. He believed that the project is very safe and sane. Council Member Heffernan indicated that he and his wife gave money to the project because they support libraries; however, he is concerned about the process. He reiterated that this was not a two stage process and stated that Volumes 55 - Page 216 City of Newport Beach City Council Minutes June 11, 2002 K. far less important items have gotten better public hearings. He indicated that he does not oppose the project, but noted that the forum in which Council operates is critical. He emphasized that, whatever decision is made tonight, it is important to move forward and get along. Council Member O'Neil stated that he has been on Council for almost eight years and believed that this vote, based on evidence and hearings, is the easiest, most prudent, and most responsible vote he has ever made as a Council Member. Council Member Glover stated that the project is in her district. She reported that six years ago she and her husband put together a meeting regarding the decrease in hours at the library, but only one person showed up. She indicated that it is good that the community is getting involved. Mayor Ridgeway stated that tonight's arguments were not persuasive because most of the issues have been addressed and noted that the operational issues can be dealt with. He indicated that there has always been a need for a new facility at Mariners because of the age, and that this has been an ongoing issue for a number of years. He stated that he visited the trailer at the school and reported that it is going to be converted to a classroom. He reiterated that everything will be reincorporated into the park. Mayor Ridgeway announced that his family uses Mariners Park, but parking has always been difficult on Dover. He emphasized that the safety of the traffic in the neighborhood is as important as the other issues. He stated that the State is endorsing joint use projects and wants to see more of these types of libraries. He announced that the School Board approved the plan 6 to 1. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None Mayor Ridgeway recessed the meeting at 10:00 p.m. and reconvened the meeting at 10:05 p.m. Dr. Jan Vandersloot requested that Council reconsider their decision from the last meeting to remove the ficus trees on Main Street. He stated that there were more people in attendance tonight until Item 24 was moved before Public Comments, including the arborist. He believed that there was inadequate public noticing and people now want to get involved. He requested that the City review what the experts say about this. He noted that two Council Members were not present at the last meeting and he would like their input. He believed that some of the aspects of the trees, like the habitat value, the night herons in the trees, and the vegetation have not been adequately portrayed to the Coastal Commission. He added that they should be informed that the trees are protected by Council Policy G -1. He read a letter from Dr. Aldon Kelly, Certified Arborist, who strongly urged Council to reconsider its decision to remove the ficus trees and noted Volume 55 - Pzge 217 INDEX City of Newport Beach City Council Minutes June 11, 2002 INDEX that Integrated Urban Forestry (IUF) concluded that the trees should remain. He stated that it is feasible, aesthetically and environmentally beneficial, and cost effective to retain the trees. He indicated that the duration of root barrier effectiveness is an estimate and that. once root barrier effectiveness becomes diminished, the roots can be pruned again and new root barriers installed. He believed that there will be problems with replacement trees if they are container grown because the roots will be permanently deformed which could lead to tree death in five to six years. He added that the branches and leaves will block the views of store signs and it will be at least 10 to 15 years before the trees are tall enough to eliminate the view blockage. Dr. Kelly concluded that the trees will probably never achieve the ambience provided by the ficus trees. Dr. Vandersloot reported that the trees are 40 years old, are estimated to live another 30 years, and noted that there are ficus trees in Southern California that are over 100 years old. He stated that the severity of the root pruning can affect the viability of the tree. Dolores Otting noted that Item 6 states that Newport Coast residents are exempt from the recycling surcharge since their refuse collection is provided by a private contract; however, she noted that the contract is paid for by the City. She indicated that it was previously decided that Newport Coast residents would pay the same recycling fee as the rest of the City. She added that impression is important and that, on August S, 2002, she brought up issues relative to reporting actions during Closed Sessions and noted that this has been happening for years. Jim Caviola, 1117 Ocean Avenue, Seal Beach, stated that he and Public Works Director Badum had a similar ficus tree issue in 1997 in Seal Beach. He indicated that the Seal Beach City Council voted to remove the ficus trees because the sewers were a problem; however, the problem actually happened because the buildings used clay pipes that were attracting the roots. Further, sewage was leaking into the ground from the pipes. He reported that all the trees were saved on Main Street and that the trees help make the City nice. He reported that they applied to the Metropolitan Water District for funds because of the runoff and received close to $25,000. He indicated that Seal Beach removed the concrete from the sidewalk, cut the roots down, and placed the blocks on sand. He stated that the trees are everyone's property. Laura Dietz stated that the quality of life in Corona del Mar and parts of Newport Coast was disrupted by a wedding party that had an offshore fireworks show Sunday evening. She requested that a policy be developed especially since fireworks on a day other than the Fourth of July may be considered suspect. She also requested that all requests for fireworks on days other than the Fourth of July be denied until the City can review the matter and draft a policy. She believed that this issue could be referred to EQAC for consideration and recommendation. Gary Quick read a letter from Paul A. Metinko, CEO, Chicago Pizza and Brewery, that was written to his wife. Mr. Metinko asked if the ficus trees are the problem or its maintenance and, until the answer is known, asked how the City could take a position on the removal of the trees. He stated that he spoke to Bob Eagle from the Seal Beach Public Works Department who told him that they are keeping their ficus trees by using pavers on the sidewalk that provide a penetrating water system and can be easily raised Volume 55 - Page 218 City of Newport Beach City Council Minutes June 11, 2002 INDEX to conduct a responsible pruning program. Mr. Quick indicated that he has not seen much of a maintenance program on Main Street. He requested that Council reconsider its position because it would take two lifetimes to replace the canopies. Charles Griffin recommended that Council vote for Anaheim Council Member Lucille Kring for the League of California Cities position on the Local Agency Formation Commission ( LAFCO) on Thursday rather than Lake Forest Council Member Peter Herzog. He believed that having Council Member Herzog on LAFCO will guarantee that Irvine annexes El Toro and the northern sphere. He reported that Irvine is approving 12,000 new homes in that area tonight. Mr. Griffin stated that the City should not give up on El Toro since the State Assembly passed a bill on Friday to have the Southern California Association of Governments (SCAG) redo the Regional Transportation Plan to include airport layout plans. Russell Niewiarowski, 20102 Kline Drive, Santa Ana Heights, stated that, after four years of leading the New Millennium Group's effort to secure a reasonable airport at El Toro, he is stepping aside. He indicated that he has not lost faith in Charles Griffin, Bob McGowan, Ann Watt, or the V -Plan. He stated that they received the Federal Aviation Authority (FAA) Air Traffic Controller, Pilots and Airline Pilots Association, and Orange Comity Regional Airport Authority's (OCRAA) endorsements. He noted that the County's LRA El Toro plan has never received such endorsements. He stated that the Comity and Council have been unwilling to support a reasonable airport at E1 Toro and believed that they are collaborating to expand John Wayne Airport (JWA) to recoup the $71 million that was used in the El Toro airport effort. He reported that he asked for funds from the Supervisors to try to raise the type of money that was raised for a library; however, he could not get the $500,000 contribution needed to secure an airport at El Toro which will benefit everyone's quality of life in Orange County. He stated that he alone cannot get the 71,000 signatures needed and explained that this is why he is stepping aside. Jim Hildreth stated that his Balboa Island parade float, The Flaming Deaf Ears, supported free speech and thanked Council for not diminishing people's ability to speak tonight. He indicated that Assistant City Manager Kiff sent him a letter on March 13, 2001, that states that any document from Joie 24, 1976, is likely a part of a series of documents currently being microfilmed. He requested that the City tell him where the documents are so he could have them reviewed. He believed that Harbor Resources Director Melum knows where the document is or, if it does not exist, he had it destroyed. He hoped that the City looks into this further. Cheryll McDowell, 1537 E. Ocean, requested that Council reconsider its vote regarding the ficus trees. She stated that someone was tying yellow ribbons on the trees this weekend and the Police were called because there were vocal discussions about the trees. She stated that there should have been another forum for this issue because they feel they were not informed. She asked Council Member Heffernan not to resign and emphasized that people do not know how Council meetings are run. Tracy Caviola, 1117 Ocean Avenue, Seal Beach, stated that Seal Beach was able to figure out its ficus tree situation very economically and will continue to have a beautiful street for generations to come. She indicated that, if the Volume 55 - Page 219 City of Newport Beach City Council Minutes June 11, 2002 trees are trimmed effectively and allowed to grow past the business signs there will only be a small blockage versus a large bush blocking their views. Lynn Miller stated that the trees were already there when the businesses were purchased and, when property is bought or rented, you look at the surroundings. She asked if the businesses mind picking up the leaves and cleaning bird droppings; how many times a year a professional plumbing company has been hired for a sewage obstruction; what they write as the cause of the obstruction; has the City seen the bills; how many arborists presented written reports; and how many members of the board are professional arborists to decide the fate of the trees. She believed that, without professional advice or written evidence from plumbing companies, there is no authority to remove the trees. Ms. Miller suggested that a $2 fee be included in property owners' tax bills to assist in the maintenance and upkeep of the trees and to assist the building owners in removing the roots. Further, she believed that the associations could raise money or dues to help and suggested that the trees be deep - watered. Linda Grant stated that she obtained 420 signatures from children and adults in a couple of hours who love the ficus trees. She stated that the trees make the buildings beautiful and believed that the little trees on Balboa Boulevard look horrible. She asked Council to reconsider the previous vote so they have a chance to work with the businesses. She stated that she could get thousands of signatures from people who want to keep the trees. She indicated that she has an apartment complex and office building and that, when they have plumbing problems due to the ficus trees, they fix them. Mayor Ridgeway stated that he was asked to enter a packet into record from Gay Wassall-Kelly of letters and bills from businesses who want the trees removed. He indicated that one of the businesses received a threat that they would be boycotted if they did not support the trees. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Glover announced that the John Wayne Airport (JWA) Settlement Agreement will come before Council the evening of June 25, 2002, and will go before the Board of Supervisors that morning. She stated that the Settlement Agreement may be signed by all four parties by the end of that day. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 19. PLANNING COMMISSION AGENDA FOR JUNE 6, 2002. Motion by Mayor Pro Tern Brombere to receive and file the written report. In response to Council Member Heffernan's questions, Assistant City Manager Wood reported that Hoag Hospital requested an exemption from the definition of floor area for their mechanical equipment because of the State seismic requirements. She noted that the original project was approved and that there is an extraordinary amount of mechanical equipment. She stated that they will still be within the setbacks and height limitations. She reported that this is a recommendation from the Planning Volume 55 - Page 220 INDEX Planning (68) City of Newport Beach City Council Minutes June 11, 2002 Commission and will be on a Council agenda since it is a Code Amendment. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None N. PUBLIC HEARING 20. FISCAL YEAR 2002 -03 PROPOSED BUDGET HEARING. City Manager Bludau stated that now is the time to prepare a checklist and to review Capital Improvement Projects (CIP). He reported that the revenues are based on an estimate of $149,722,799 and the proposed expenditure is $142,099,431. He confirmed that the money General Services Director Niederhaus requested for trees is already on the wish list. Mayor Ridgeway requested that the City Clerk's request for $30,000 for a records management consultant be added to the wish list. Mayor Pro Tem Bromberg requested that the Sister City Association and the Balboa Island Museum and Historical Society funding be increased to $10,000 each. Council Member O'Neil stated that a citizens group is forming to work on the refurbishment of the planting and irrigation system on the Goldenrod footbridge. He requested that $25,000 be appropriated for the project. He also requested $150,000 for the Corona del Max median projects. City Manager Bludau noted that this is in addition to the $150,000 already in the Circulation and Transportation Funds. Mayor Ridgeway opened the public hearing. Linda Grant stated that she wished that the public had the last word during public comments and indicated that the City will not take their ficus trees down. She wished that, instead of spending money to tear down the trees, the City spend money to help the businesses that want to keep the trees. Dr. Jan Vandersloot recommended that Council include funds to clean the sidewalks on Main Street since there is a problem with the litter and staining. He stated that, while they were tying yellow ribbons on the ficus trees, they were the ones being accosted. Further, the following day, the ribbons were cut down. He also requested money for better tree maintenance and treescapes. Mr. Bludau reported that over $1 million is budgeted for tree trimming and root pruning, and noted that over $8 million is being spent on the Balboa Improvements Project. Dr. Vandersloot believed that, if better maintenance was conducted, the City may not need to spend $8 million. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Volume 55 - Page 221 INDEX FY 2002 -03 Budget Hearing (40) City of Newport Beach City Council Minutes June 11, 2002 Motion by Council Member O'Neil to direct staff to prepare a "checklist" of proposed changes to the proposed budget that will be reviewed by the City Council at the meeting of June 25, 2002 and direct the preparation of the Budget Resolution for adoption at the Council Meeting of June 25, 2002, including any "checklist" items that are recommended for approval. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None 21. ADOPTION OF THE ANNUAL APPROPRIATION (GANN) LIMIT Mayor Ridgeway opened the public hearing. Hearing no testimony, Mayor Ridgeway closed the public hearing. Motion by Council Member O'Neil to adopt Resolution No. 2002 -41 approving the City's Appropriation (Gann) Limit for the 2002 -03 fiscal year in the amount of $94,769,006. The motion carried by the following roll call vote: Ayes: Heffernan, ONeil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None 22. PACIFIC BAY HOMES (PA2001 -250) — ONE FORD ROAD — APPEAL OF THE PLANNING COMMISSION DECISION TO DENY A REQUEST TO AMEND THE PLANNED COMMUNITY DEVELOPMENT PLAN TO ALLOW THE INSTALLATION OF INDEPENDENT KITCHEN FACILITIES WITHIN GUEST COTTAGES. THE 11 PROPERTIES ASSOCIATED WITH THE REQUEST ARE IDENTIFIED AS PARCEL NOS. 1 THROUGH 8 (ON TROON DRIVE) AND LOTS 9 AND 13 (ON TURNBERRY DRIVE) OF TRACT MAP NO. 15387 AND LOT NO. 21 (ON HONORS DRIVE) OF TRACT MAP NO. 15389. Motion by Mayor Pro Tem Brombera to continue the hearing to June.25, 2002. Mayor Ridgeway opened the public hearing. Arabelle Brown stated that the representative of Pacific Bay Homes previously indicated that they would not appeal, but turned around and gave the residents information about another permit that was the same as the one previously considered. She indicated that she moved from the ocean to live in a single - family home area, but now Pacific Bay Homes want to put in cottages with kitchens. She stated that the information on the permits is always incorrect. Volume 55 - Page 222 INDEX Res 2002 -41 Annual Appropriation (Gann) Limit (40) PA2001 -250 Pacific Bay Homes/ One Ford Road (68) City of Newport Beach City Council Minutes June 11, 2002 M Assistant City Manager Wood reported that separate guest houses are already permitted on some of the custom lots within the planned community. However, the requested amendment is to allow kitchen facilities in the guest cottages. She indicated that the concern is that they will turn into second units. She stated that they are waiting for additional information from Pacific Bay Homes and that this is the reason for the continuance. Council Member Glover asked how the City would preclude the cottages from becoming rental units. Ms. Brown asked who would police this. Further, how does someone know they are renting the cottage out or just having the grandparents visiting for three months. She stated that this would set a precedence for this community to turn into a rental area. John Freisinger stated that he has the same concerns as Ms. Brown, especially about the guest houses possibly turning into rental units when they add a kitchen. He indicated that he moved to One Ford Road with the understanding that it is zoned R -1 and expressed concern about the impacts on the community. In response to Mayor Pro Tem Bromberg's question, Ms. Wood stated that the request also includes the homes that are not yet built. She clarified that the lots in which the guest cottages are permitted are already designated in the planned community regulations and that the only change is for the inclusion of kitchens. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None 23. BOARD AND SCHEDULED VACANCIES. Motion by Mayor Pro Tem. Brombere to confirm the following nominations made by the Ad Hoc Appointments Committee; direct the City Clerk to re- advertise the current vacancy on the Board of Library Trustees; and confirm the Mayor's appointment of Mayor Ridgeway, Council Member Proctor, and Council Member O'Neil to serve on the ad -hoc appointments committee to review the applications for the Board of Library Trustees: City Arts Commission [1 vacancy] David Colley and Leslie Feibleman Civil Service Board [1 vacancy — City Council appointment] Timothy Brown and Robert Badham Volume 55 - Page 223 F11 D► Board and Commission Scheduled Vacancies (24) City of Newport Beach City Council Minutes June 11, 2002 rargs, neacnes as recreation uommission lz vacanciesj William Garrett, Steven Rosansky, Gregory Ruzicka, and Thomas Tobin (incumbent) Planning Commission [1 vacancy] Phillip Lugar and Larry Tucker (incumbent) The motion carried by the following roll call vote: Ayes: Heffernan, ONeil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None Q. MOTION FOR RECONSIDERATION - None. R. ADJOURNMENT - adjourned at 11:10 p.m. to a Study Session at 3:30 p.xn on Tuesday, June 25, 2002. The agenda for the Regular Meeting was posted on June 5, 2002, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 55 - Page 224 INDEX