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HomeMy WebLinkAbout01 - Minutes 08-12-03August 26, 2003 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes DRAFT Study Session August 12, 2003 - 4:00 p.m. INDEX ROLL CALL Present: Ridgeway, Webb, Nichols, Mayor Bromberg Absent: Heffernan, Proctor, Adams CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Mayor Pro Tem Ridgeway announced that he would be pulling Item No. 4, Records Retention Schedule, for discussion. Council Member Nichols reported that he would be pulling Item No. 10, Pacific Coast Highway Parkway Improvements, for a report and discussion. 2. DISCUSSION OF CASTAWAYS PARK REVEGETATION PLAN ALTERNATIVES. City Manager Bludau reported that General Services Director Niederhaus would be providing the staff report and will lay out the factual information, some of the historical information associated with Castaways Park and also a number of options that are available to the City Council. Mayor Bromberg reiterated that this is not an action item tonight; however it will be agendized for a vote in the future. General Services Director Niederhaus introduced staff members, Marcy Lomeli. Parks & Tree Maintenance Superintendent, Randy Kearns, Parks Supervisor and Kevin Pekar, Parks Crew Chief, who have worked on this project. Mr. Niederhaus distributed copies of the Power Point presentation which he used to provide his oral staff report and noted that it includes an addendum, the addition of Option 5. Mr. Niederhaus reported that this item was on a March 25th City Council Study Session agenda. At that time staff was asked to look at other alternatives, possibly some use of ornamental turf. Mr. Niederhaus reviewed the land use history and noted that the area was previously designated as "Newport' and there were various uses for it. He noted that the 17 acres was dedicated to the City as part of a CIOSA Agreement for park purposes and close to $1 million was spent on improvements (drainage, fencing, and some native planting along the eastern boundary). In the General Plan Recreation and Open Space Element, this area is designated as a View Park. which is one of four classifications. He noted that two small projects in the park have been completed by volunteers. mainly along Dover Drive and the northwest corner. Volume 56 - Page 320 Castaways Park (62) City of Newport Beach Study Session Minutes .July 22, 2003 INDEX The volunteers planted a number of trees and native plants and some irrigation was installed. In April 1992 the Castaways Park Advisory Committee was established by the District 3 Council Member. The committee consisted of 12 members from a variety of different disciplines, City staff, and 2 -3 Parks, Beaches & Recreation (PB &R) Commission members. The committee met for almost a two year period. Their objectives were to preserve the area as a natural park and they had an interest in doing this through a committee by obtaining grants to pay for the restoration. The committee action was to develop the plan, so they worked with the California Coastal Conservancy (CCC) and the Nature Conservancy to fund the plan, as well as solicited the City for financial assistance. Mr. Niederhaus explained that the project description was to recreate a remnant of the historical upland habitat by revegetating the 17-acre park with native plants, and also to be an educational location for people to see the way native plants used to be. It also was to be a one of a kind park in southern California that could be developed so more natural parks could be placed in the County. The committee also wanted to improve the interior trails with proper materials in order to guide people through the park. They also wanted to utilize a qualified restoration ecologist to help the establishment of the plants over the first three (3) years. As far as the budget, Mr. Niederhaus explained that there are three (3) funding agencies with the largest being the CCC. Through an agreement they have contributed and committed almost $100,000, The City originally set forth $55,000 in CIP funding to make up the difference in the two grants, The second grant was with the Nature Conservancy, which was originally $55,900 and recently was reduced to $50.000. Basically the City has expended $23,600 in the past six months in order to get this ready to bring back to Council, A Substantial amount of salt bush was removed to prepare the area for less invasive native plants. Outlining the history of the CCC grant, Mr. Niederhaus explained that in June 2000 the PB &R Commission agreed to submit a grant application to the CCC. which was followed by a Negative Declaration, which was a requirement in order to qualify for the funding. Finally in April 2002 the PB &R Commission recommended a resolution for City Council to approve the Grant Application and Revegetation Plan. In May 2002 the CCC approved the Revegetation Plan and authorized the grant. In June 2002 the City Council adopted a resolution authorizing staff to accept the grant funds, which was done on June 24, 2002. In December 2002 a plan design was originated with an amended goal of having the installation completed by June 2003. On -larch 25, 2003 the Council reviewed this item at a Study Session and staff was directed to address the possible installation of non - native turf in a small portion of the park. During the months of April — June 2003 staff assessed various options and met with CCC and the Nature Conservancy- to come up with a compromise to have some non - native grass that would provide an area for recreation. In June 2003 a public outreach program was started in preparation to take it back to the PB &R Commission and to City Council. In July 2003 the PB &R Commission rejected the proposed amendment which included the non- native grasses and voted 5 -0 to install ornamental non - native turf and permanent irrigation in the meadow area of the park. The PB &R Commission also recommended to the Council that Volume 56 - Page 321 City of Newport Beach Study Session Minutes July 22, 2003 INDEX the agreements with the CCC and the Nature Conservancy be terminated. Mr. Niederhaus reviewed the agreement terms of the CCC grant and noted that the grant funds must be expended by March 2004. since the $99,600 is in a state appropriation bill and must be paid by then. The 20 year agreement started in June 2002 and extends through June 2022, with monitoring done by an ecologist. The City can't interfere or detract from the project purposes, which is to have a park with native plants and to maintain the irrigation system and plants. If the City doesn't do what is agreed to in the document, the City will have to reimburse the CCC. The funds must be expended in the manner described in the approved budget and the CCC may disallow part or all of the costs if not taken through staff for approval. Photos of the existing conditions were shown — the fuel modification zone and the meadow area viewed from the south. Mr. Niederhaus reviewed the type of vegetation that can be planted in the fuel modification zone and the area along Dover Drive. Mr. Niederhaus explained the options and noted that they basically evolve around Option 1, which is to continue on with what was agreed upon in the 2002 agreement. This option would require no further action except to bring it back to the Council, get the plan completed and out to bid, the selection of a contractor and planting before the end of the year. Option 2 is to amend the original plan, which was what went to the PB &R Commission, to install native grass in the central area and would require additional funding by the City ($30,000). Option 3 is to follow through on the PB &R Commission's recommendation to reject the grants and to install non - native ornamental grass in the central area with permanent irrigation at a cost of approximately $80,000 - $100,000. Since there is still $46,000 left over from the $75,000, the cost would be between $45,000 - $60,000. Option 4 is to not install any improvements, reject the grants and return the budgeted funds to the General Fund. Option 5 was developed after conversations with the City Manager and considers all native grass and permanent irrigation in the entire central meadow area (approximately 3 acres) and requires additional funding in the amount of $100,000 - $124,000. The cost spread is due to the uncertainty of the quantity and the exact cost of the grass. Referring to a table in the presentation, Mr. Niederhaus noted that Option 1 is to proceed with the original plan. The City will receive close to $150,000 in grant funds and the cost to the City is only about 35% of the project, however the modified use of the park must be approved by the CCC over a twenty year period of time. The project cost remains at the original estimate of $230,000. Option 2 is to amend the CCC agreement and add some amount of native turf. This option offers a compromise since there is still some recreational use and the grants can still be accepted and the City can live with an additional cost of $25,000. The cost of this option would be $255,000. Option 3 is to install all non - native ornamental grass. which was approved by the PB &R Commission. This would provide an additional three acres of recreational use for the City; however the cost increases and the City would be required to pay for everything and would have to pay increased maintenance costs. The City would lose $150,000 in grants and the City may compromise the future potential to obtain grants from the CCC. the Nature Conservancy or Volume 56 - Page 322 City of Newport Beach Study Session Minutes .July 22, 2003 INDEX other similar groups. The City was depending on using Castaways as the initial point and possibly requesting funding f'or either Bayview or Newport Village, With Option 4 where no improvements are made, basically the only cost would be the money that has already been spent on the project (almost $24.000). Option 5 is probably the best compromise and the most expensive. The option provides f'or native turf in the large meadow and the grant and the vegetation plan may not be lost. The City's cost would be between $80,000 - $124,000. less $46,000. In summary, Mr. Niederhaus explained that staff is not recommending any of the options, however are just trying to find all the solution,, and listen to the input from the public. He reported that the only piece of correspondence received since the PB &R Commission meeting was an email from Karen Bane, CCC staff member. which has been forwarded to the Citv Council. Her email was for clarification purposes on the completion deadline of March 200 -1 and monitoring and maintenance. Mr. Niederhaus reiterated that staff is looking for direction on this issue due to the time constraints. Air. Niederhaus reported that Mr. Lomeli found a native plant at a tiu•f nursery in Pomona and took a group to visit the nursery, as well as a meadowland in the Malibu area. The grass is called meadow sedge and is found from California to Washington. Showing slides of the grass, he noted that it is best suited f'or traffic and has the least amount of maintenance problems. He showed samples of the unshorn and mowed grass. He indicated that the nursery that Mr. Lomeli located can provide all the grass to the City. He explained that it is durable in nature — good for dog runs, children's play areas, etc., which is what the public is looking f'or. It is rea.�onably drought tolerant; however it world require watering in the hot summer months. The plugs would be planted 12 inches on center and within 90 days complete grass coverage can be expected. In response to Mayor Bromberg. Air. Niederhaus explained that in Mav & Juire the staff' noticed all the communities within several miles of Castaways. There was a fairly good turnout at the PB &R Commission meeting: however thep did not receive significant written response. He stated that the notice indicated what is being recommended and what the amendment might be. He reiterated that the only public meeting so far has been the PB &R Commission meeting in early July, attended by approximately 17 residents. For clarification purposes. Andrea McGuire. Recreation Superintendent, reported that Bob Henry Park is used by ATSO and Little League during their seasons, although it isri t used as heavily as other fields_ She noted that there are games every day from 4:00 p.m. to dark, on Saturdays and sometimes on Sundays. In response to Mav d or Pro Tem Ridgewas question. Mr. Niederhaus reported that 10 -15 people attended the Advisory Committee meetings, and noted that they represented a variety of interests (plant nursery, technical side, plant society. and residents from the surrounding areas, in particular W'estcliff and Castaways). Volume 56 - Page 323 City of Newport Beach Study Session Minutes July 22, 2003 INDEX Council Member Webb stated that the option indicates the cost to be $80,000 - $120,000 for the sedge meadows. If the grant were to continue to go along with that. you would add that $80,000 - $120,000 to the grant money and questioned whether the grant money could be used since the City would be vegetating approximately 2 -1/2 acres less than what was originally proposed. He questioned whether there would be a reduction or would there be a reduction in the grant. Mr. Niederhaus explained that the grant did not include funding for any native grass; therefore the City would have to provide the extra funds. He also reiterated that the City has not received agreement from the CCC that Option 5 is acceptable. He noted that they were invited to today's meeting: however Ms. Bane was unable to attend. He reiterated that the City would have to pay the extra cost for native grass. Council Member Webb questioned whether it could be assumed that the grant would be reduced by that amount since 2 -1/2 acres less of native material is being put in place. Mr. Niederhaus indicated that he wouldn't want to assume anything, but hopefully it could be replaced, however the sedge grass is more expensive than the native grasses. In response to Council Member Webb's question about the flowering plants, Mr. Niederhaus reported that they flower briefly in the spring time but they are hardly noticeable and flower for less than 30 days. He reported that the City has come to agreement with the CCC that no prickly pear plants would be planted in the accessible areas. Val Skoro, PB &R Commissioner and Chair of the PB &R Park Development Subcommittee, distributed photos of Castaways Park taken on July 2, 2003. He described the park and noted that in today's market the property is probably worth $20+ million. As reflected in a letter dated July 15, 2003, the PB &R Commission in a public meeting on July 7, 2003 reviewed the plantings and grant funding for the park and unanimously recommended that the flat portion of the park encircled by the asphalt pathway be planted in grass to provide for a user friendly park and to provide space for picnicking, flying kites, etc. He noted that the area under consideration encompasses 2 -1/2 to 3 acres, or 10% of the park. The rest of the park would remain in a natural state. He noted that the flat portion of the park consists of non- irrigated vegetation. He said he frequently stops by the park and has yet to see anyone using the benches, etc. and is oftentimes the only person in the park. He noted that until recently there have been no Brown Act open meetings on the use and design of the park. He said the non -Brown Act ad hoc committee, composed primarily of environmentalists, met with the sole goal to restore the Castaways Park to a self- sustaining ecological site. The committee had only one purpose in mind and there were no alternatives other than the charter of the committee. When the grant was applied for, the onerous conditions of the grant were not made clear. He explained that the grant ties up the property for twenty years, requires up to five years of irrigation and a guarantee of a success rate of at least 70% of the native plants planted. He questioned whether the City wants outside sources controlling what is done with Newport Beach real estate. He made comparisons to Corona del Mar and the reasons for the relinquishment of Coast Highway. He spoke in support of the sedge grass as an alternate. In summary, he stated that the PB &R Commission solicits the Council support in providing a user - friendly park and not creating a situation in which outside sources are allowed to dictate what is done in the City. He questioned whether it made sense from a business standpoint to accept $5,000- $7,000 per year to tie up a $20 million Volume 56 - Page 324 City of Newport Beach Study Session Minutes July 22, 2003 piece of property. INDEX Debra Allen, Chair of the PB &R Commission, echoed Mr. Skoro's comments and noted that she sent the Council a letter after the Commission meeting which outlined her point of view and what the Commission asked her to do as part of the motion made at their meeting. She commented on the staff and the magnificent job that they did in finding possible alternative plants that may solve the problem. She said she fears that if the City turns over the permitting of the park to an outside agency from Sacramento for approximately $140.000 for twenty years, it would be doing a big injustice. She pleaded with the Council not to give up the power to determine the fate of Castaways Park in exchange for some grant money which reduces the City's right to control the park for twenty years. She made comparisons to the problems with the Bayview project and the Coastal Commission. Bradd Barmettler, President of the Castaways Homeowners Association, voiced concerns about the project and noted that no one has ever approached him indicating that the park needs to be more than it is. He spoke in support of the natural setting and pointed out that the residents get a lot of noise pollution and trash from Bob Henry Park. He noted that Bob Henry- Park is not overutilized. He noted that there are serious groundwater problems in the area due to improper drainage of the property and irrigating the park will only add to the current problems. He reported that they held a board meeting on Monday night and reported that as a community they want the park to stay in a natural state like it is today. In response to Mayor Pro Tem Ridgeway, Mr. Barmettler stated that Board voted unanimously (5 -0) to either leave it the same as Option 1 or to change it as indicated in Option 2. Jo Vandervort, President of Mariners Community Association. President of Dover Village Association, and President of Speak -Up Newport. said that she and her grandson, Harrison, are at the meeting to advocate for grass in the center area between the asphalt trails. She noted the benefits of grass and Harrison gave examples of activities that him and his family could do on a grassy area. She indicated that the area outside the trails should remain native vegetation and noted that instructional tours are provided at the Environmental Nature Conservancy in the area. She stressed the importance of having areas for activities other than organized sports. Barbara Batson stated that Castaways Park is different than other parks and is not meant for running and playing. She noted that it was designed to take a stroll, enjoy the beauty and silence. She said it's not a park for bouncing birthday parties and a lot of noise. She encouraged the Council to keep the park in a natural manner without a mowed lawn. Elaine Linhoff spoke in support of Option 1, however said she could live with Option 5 if it didn't cost too much money- and the grant funds would not be negated. She said she would not approve Option :3 because of the water shortage situation. Dennis Baker voiced concerns that previous Councils have approved, accepted and signed contracts and made commitments to the project, and after meetings to reach compromises with the CCC. the City is now "pulling their chain again'. Volume 56 - Page 325 City of Newport Beach Study Session Minutes July 22, 2003 INDEX He said his concern is based on the fact that the City has other grants with this agency and this may impact future grants. He addressed comments made about the cost, the removal of eucalyptus trees, the prickly pears, etc. and other inappropriate scare tactics that have been used. He said there may be room for some compromises such as Option 2 where the grant can be maintained and possibly Option 5. He noted concerns with any option that takes a great deal of water and adds run -off into the Back Bay. Don Krotee, Planning Director and President of the Newport Heights Improvement Association, indicated that he conducted a poll of members and directors, and consolidated the comments in a letter provided to the Council. He said he would like to see Council instruct staff to look very seriously at ways to keep the grant. He referenced issues that have been raised such as the removal of the eucalyptus trees and the runoff from mowed grass. He reiterated that the Homeowners Association supports Option 2 and emphasized that the residents believe that the statements that have been made that the natural planting or what has been referred to as plain old grass and the natural parks will not accommodate the simple needs of children and grandmothers is misinformation. Jan Debay questioned whether there was a pre- committee drawing in the Public Works Department that included grass in the meadow area and noted that this is not necessarily the original plan for the park. She spoke in support of balance in the City and noted that there are scarce recreational areas for the families in the area. She spoke in support of having shared uses in all new parks and noted that currently the meadow area is wasted space and is not enjoyable. She spoke in support of a compromise and a shared use and noted that the Back Bay area is probably the way Newport used to look. She referenced Bayview and the senior housing project, and pointed out that all grants come with strings and there are too many strings attached to this grant for the dollars provided. Stephanie Barger, Executive Director of Earth Resource Foundation, explained the importance of having native habitat and noted that in California 97% of the wetlands have been destroyed in open spaces. She said the reason for the native habitat is to have birds, rabbits, butterflies, etc. and this type of habitat provides food for those animals. She noted that the area is used a lot. however pointed out that currently the habitat is not in good condition because it has not been restored. She voiced similar concerns as Mr. Baker regarding the commitments that have already been made. She noted that the Advisory Committee has not met since March 2002. She explained that the twenty year term is to insure that a long -term plan is done and further explained the review process required by the CCC. She noted that as new trees grow, the eucalyptus trees will be removed. Mayor Pro Tem Ridgeway noted that the 97% reported by Ms. Barger is correct as it pertains to the wetlands, but not the habitat represented here. Jan Vandersloot distributed a packet which contained materials relating to the dedication of the park as a natural park. He also showed photographs taken last Sunday which depicted the type of uses and noted that it is functioning well in its intended use as a passive view park. He noted that there were 9 meetings held by the PB &R Commission and 6 meetings of the Council from 1995 -2002 Volume 56 - Page 326 City of Newport Beach Study Session Minutes July 22, 2003 INDEX and all were in support of the natural park and revegetatng with natural grasses and wildflowers in the central area. He said it was only at the last PB &R Commission meeting where there was a contrary vote. Of the ten speakers that addressed the Commission, six were in favor of the compromise and four were in favor of the turf grass. He indicated that if the pulse of the community were gauged, it would indicate that they want the area to be left alone and want it improved through restoration. He said that adhering to Option 1 would probably allow the addition of the sedge grass and wildflowers without spending the money outlined in Options 2 and 5. He said the reason the area looks bad today is because the irrigation was taken away prematurely. If it is done right everyone will enjoy it as a natural park. Allan Beek complimented staff for finding a win -win situation where native plants can be used to get the lawn -like effect that people are after. He noted that it isn't fair to compare the park in its current state because it wasn't properly maintained and the plants weren't watered when they were established. He pointed out that in a meadow you can have a picnic, fly a kite, play frisbee and explore for animal nests: however you can't play soccer in a meadow. Coralee Newman stated that she has attended all three meetings and spoke in support of Option 5 and having the CCC review that option. She said it sounds like the perfect compromise to have 100% native vegetation with native grasses in the center area and the other 90% with what has already been planned. Mayor Bromberg stated that he's not sure what his personal choice will be, however noted that he feels all five options should be brought back to the Council for consideration. As far as the grant, he said he is concerned with the grant and is not sure whether he wants to support it due to the outside control issues. Mr. Bludau explained that this item was placed on the Study Session agenda to give the public the opportunity to let Council know how they feel. He noted that one of the key issues is whether the Council is interested in the grant and said that if that issue is resolved. then the decision on the appropriate option will be relatively clear. He also noted that another issue to be resolved is whether the CCC feels the sedge grass falls within the parameters of the grant. Mayor Pro Tent Ridgeway suggested that this issue be rescheduled when all Council Members are present and to determine if the CCC will approve the planting of sedge grass. He said he is more inclined to go with the grants and noted that the City made application to the CCC, negotiated with them and everyone moved forward in good faith. He spoke in support of Option 5 since it is a great compromise and allows something for everybody_ Council Member Webb voiced concern over the City's control over the site and what can be done in the future and said he would hate to see the City obligated to a specific use that would require refunding money if things are changed. He referenced comments made by Mr. Baker and stated that his conversation with him was baaed on printed material that was put together for the grant which referenced the prickly pear plants and the eucalyptus tree removal. He said Castaways is a transitional tone and first it is a park and it needs to be useable Volume 56 - Page 327 City of Newport Beach Study Session Minutes July 22, 2003 by the people. Secondly, it's a passive view park, and thirdly, it has a natural area on the bluffs and slopes that needs to be protected. For the protection of the bay the habitat area has to stay. In reference to the sedge grass he noted that this provides a great opportunity to provide a green area, as well as an area on the rustic side. He said it may be possible to work with the nursery to have different sizes of grass that make it look like a native area but also will be really user friendly. If an area can be created with the natural interpretive area on one side and a true meadow can be created using these types of grasses, it will be beneficial to the community. Another benefit is that this is an experimental area and its use may be expanded to other passive parks. He voiced concerns with the constraints and spoke in support of having the CCC transfer the money to the Big Canyon area since it's a perfect place for revegetation. He said he would like to see the City take the money budgeted for Castaways Park, put in as much of an experimental park with the money budgeted. and leave the rest of the area natural. He noted that people can adopt areas and improve them. Referring to a map displayed, Council Member noted the number of active and passive parks, and open space in the City. He said Newport Beach has a tremendous amount of natural areas and very few areas for people to use the grass. He said his recommendation is to try to create a meadow on as much of the area as possible and to ask the CCC to transfer the funds to Big Canyon Council Member Nichols noted that the City just approved a park ranger program to police the parks because there are so few and people are fighting over them. He said there are huge areas in the City that are unusable and can't be walked through because of the weeds and the fire danger is extremely high. He said he doesn't think the City is making good use of the properties and would like to see a better use be made of them. He said there are plenty of natural areas left and if there is a problem with the CCC the money should be returned to them. Council Member Webb noted that the City has not accepted any grant money yet and there is a clause in the agreement that allows either party to cancel the agreement with a seven day notice without any ramifications other than a requirement for the refund of money if any has been spent. 3. CORONA DEL MAR VISION PLAN [ORAL PRESENTATION] Ed Selich, representing the Corona del Mar BID. through the use of a PowerPoint presentation, noted that it ha: been 26 months since the last presentation to Council on the Vision 2004 plan. He noted that the BID now refers to the plan as the "Corona del Mar Vision Plan' since its now evident that despite all their efforts their goals will not be achieved by the end of 2004. He explained the purpose of the "Charrette" which was held in August of 1999 and noted that they explored design changes which would strengthen the village atmosphere of Corona del Mar. Included in the Vision Plan is a design plan for the public improvements on Coast Highway, improvement of the alleys adjacent to the business district, advisory design guidelines for the improvement of building facades. new sign regulations. a parking plan and improved development standards for commercial properties. He noted that the principal conclusion of the charrette was that in order to make any significant changes through the business district the City needs to assume jurisdiction over Coast Highway because of Cal Trans design standards and procedures. In February of Volume 56 - Page 328 INDEX CdM Vision Plan (68) City of Newport Beach Study Session Minutes July 22. 2003 INDEX 2000 the City Council authorized the BID to initiate negotiations with Cal Trans on the relinquishment of the highway. Mr. Selich noted that the goal of the Vision Plan is to create a safe and aesthetically pleasing pedestrian friendly environment without interfering with traffic flow and to strengthen the 'village" atmosphere of the CdM business district. Since the conceptual plan was drafted in the spring of 2000 the BID has consulted with the CdM Chamber of Commerce, residents associations and other interested parties. He emphasized that it is a work in progress and a conceptual plan. Through the use o£ slides, Mr. Selich explained the plan for landscaped medians: landscape lighting. sidewalk landscaping, parkway landscaping, and new sidewalk paving materials. He noted that the parking lanes are proposed to be treated with paving similar to the sidewalks and trees will be strategically placed in the parking lanes. He stated that the current lighting poles will be replaced with decorative poles which will allow the display of banners and pedestrian scale lighting fixtures which will have provisions for hanging flower baskets. The plan includes a coordinated collection of atreet furniture which will include benches. trash containers, bicycle racks and drinking fountains with the possibility for a similar design for news racks. public telephones, public signing poles and bus stops. He further explained the major accents that are being proposed at key locations along the business district. Some of the areas included are the intersections of Marguerite and Coast Highway and the parking area at Marguerite and Bayside Drive. He noted plans that will transform the area into a village center with a focal point structure, such as a clock tower element, near the Marguerite and Coast Highway intersection. He explained the plans for the gateway entrances to the business district, as well as the signage. He pointed out that with the Vision Plan the intersection of MacArthur and Coast Highway will encourage pedestrian traffic between Corona del Mar Plaza and Old Corona del Mar. He said the plan will also allow the restaurants in "Restaurant Row" to have increased opportunities for outdoor dining. \ -Ir. Selich explained that one of the major constraints to a pedestrian friendly environment is the bisection of the business district by Coast Highway and went on to explain how they envision the creation of additional pedestrian crossings. He said that Corona del Mar Plaza is interested in upgrading and enhancing their pedestrian entrance at the MacArthur and Coast Highway intersection. Mr. Selich explained that the plan was developed with input from the very beginning by the Corona del Mar Chamber of Commerce and residents associations and since October 2000 the presentation has been given to in excess of 3000 residents. He noted that as a result of their outreach program they have received endorsements from the following: Corona del Mar Residents Association, numerous Corona del Mar Homeowners Associations such as Harbor View Hills, Corona Highlands and Shorecliffs. Speak Up Newport, Corona del Mar Chamber of Commerce. Newport Harbor Chamber of Commerce. numerous Corona del Mar businesses and property owners, the Planning Commission. the Parks Commission, the Economic Development. Committee and EQAC. Since April of 2001. the State Legislature has pa.,;sed a bill authorizing Volume 56 - Page 329 City.of Newport Beach Study Session Minutes July 22, 2003 INDEX relinquishment of the highway from Newport Coast Drive to Jamboree, Cal Trans has prepared a draft agreement, Cal Trans has initiated and completed a Project Source Summary Report (PSSR), the BID and the City have installed additional trees, benches, trash receptacles, and bus shelters, as well as budgeted for median improvements and lighted crosswalks. Mr. Selich explained the dual track implementation program that was initially adopted by the BID and explained the funding requirements in detail. He noted that the total cost to construct the plan is $12 million as of February 2001. If the City agrees to the Coast Highway relinquishment a portion of those funds could be allocated to construct the improvements, as well as funding could be sought from other state and federal programs. Even if the Vision Plan is not implemented he said there are benefits to pursuing the relinquishment of Coast Highway. He noted that with the relinquishment merchants and property owners would have only one governmental authority to deal with, modest improvements can be made to City standards versus Cal Trans standards, and the community can get needed pedestrian crossings and traffic signals. He noted that if the Vision Plan is implemented Corona del Mar will benefit by the vastly improved shopping, dining and entertainment opportunities, an improved business environment and an improved physical environment in the public right of way which will encourage the improvement and upgrading of buildings. The City will benefit from greater sales and property tax revenues, higher property value for CdM residents which will generate higher property tax revenues, and the enjoyment of the area by all residents of the City. He noted that this plan provides an opportunity to replace and upgrade the aging public infrastructure of the business district and will help insure that it retains it position as second only to Fashion Island in generating business revenue. exclusive of auto dealers. Mr. Selich noted that the plan is called "The Vision Plan" because it is a vision that was put forth by those who did not want to wait for the City to do something but took it upon themselves to develop a plan for and with their community. He said the plan has been developed to this point as a result of 48 months of hard work and noted that the heart of the vision is the relinquishment of the highway. He said that if the City does not accept the relinquished highway many, but not all, of the concepts in the plan can be implemented but at a much reduced quality and scale and with a much higher level of difficulty. He stated that the money offered by Cal Trans to date is not up to their expectations; however they feel strongly that this is about more than the money offered. He explained the uniqueness of the area and the fact that the business district is bisected by Coast Highway. He asked that the Council keep in mind that there are many reasons to assume jurisdiction of the highway that cannot be evaluated dollar for dollar against what Cal Trans may ultimately offer. Council Member Nichols requested copies of the slides used during the presentation and voiced concerns with the proposed trees in the median areas and how it would affect pedestrian safety. Debra Allen complimented Mr. Selich and the BID team and noted that this is the best example of community outreach she has ever witnessed. She said thin can be used as a blueprint for other parts of the Cite to show how groups can work together to accomplish a goal. Volume 56 - Page 330 City of Newport Beach Study Session Minutes July 22, 2003 Mayor Bromberg stated that he has supported this conceptual plan since the beginning and still does for the reasons mentioned by Ms. Allen as well as the fact that it will be a boost for the business district and a betterment of the community. In response to Council Member Nichols, City Manager Bludau reported that the formal offer from Cal Trans for the relinquishment is $3.5 million. Staff also explained the original relinquishment boundaries. however pointed out that the current area being considered for relinquishment is Coast Highway between Jamboree and Newport Coast Drive. PUBLIC COMMENTS - None. ADJOURNMENT - 6:05 p.m. The agenda for the Study Session was posted on August 6, 2003, at 3:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk VRecording Secretary Mayor Volume 56 - Page 331 INDEX CITY OF NEWPORT BEACH City Council Minutes D Regular Meeting r August 12, 2003 - 7:00 p.m. • INDEX STUDY SESSION - 4:00 p.m. CLOSED SESSION - 6:00 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Ridgeway, Webb, Nichols, Mayor Bromberg Absent: Heffernan, Proctor. Adams C. CLOSED SESSION REPORT - Mayor Bromberg announced that the City Council unanimously approved a tolling agreement with the Newport Terrace Homeowners Association. D. PLEDGE OF ALLEGIANCE - Council Member Webb E. INVOCATION - Pastor Garth Gill, Calvary Chapel of Costa Mesa F. PRESENTATIONS Presentation of $144,507 by Newport Beach Library Foundation. Tom Edwards, President of the Newport Beach Library Foundation, presented a check in the amount of $144,507 to Theresa Chase of the Board of Library Trustees. Mr. Edwards acknowledged the many people that made the donation possible and those involved with the City's library system. Ms. Chase stated that the donation will make possible some renovation work at the Central Library, as well as some other upgrades. She thanked the Foundation for the work that they do in raising money for the City's library system. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM): • Council Member Webb stated that he attended the 20th Annual National Night Out event, on August 5. 2003. at Mariners Park. He commended the Police Department and all those from the community that participated. • Council Member Webb stated that he also attended one of the Volume 56 - Page 332 City of Newport Beach Regular Meeting August 12, 2003 Shakespeare by the Sea 2003 programs sponsored by the City Arts Commission, and held on August 9 and 10, 2003. at Grant Howald Park. He urged everyone to attend next year. • Council Member Webb announced that the dedication of the Bonita Canyon Sports Park would be taking place on August 24, 2003, at 3:00 p.m., and would be followed by a performance by the Rockit Scientists at 5:00 p.m. • Mayor Bromberg stated that he also attended the National Night Out event put on by the Police Department. He complimented the event and specifically noted the efforts of the Newport Beach Animal Shelter. I. CONSENT CALENDAR READING OFMINUTES /ORDINANCES AND RESOLUTIONS 1, MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JULY 22, 2003. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct. City Clerk to read by title only. ORDINANCE FOR ADOPTION 3. GENERAL PLAN AMENDMENT NO. 2003 -003, LOCAL COASTAL PROGRAM AMENDMENT NO. 2003 -002, CODE AMENDMENT NO 2003 -005 (PA2003 -099) - LEGERE PROPERTY (813 EAST BALBOA BOULEVARD). Adopt Ordinance No. 2003 -14. RESOLUTIONS FOR ADOPTION 4. Item removed from the Consent Calendar by Mayor Pro Tern Ridgeway. 5. MASTER FEE RESOLUTION. Adopt Resolution No. 2003 -40 updating the Master Fee Schedule. 6. INTERIM FUNDING REIMBURSEMENT AUTHORIZATION FOR PROSPECTIVE CITY HALL. FIRE STATION AND PARKING STRUCTURE PROJECT. Adopt Resolution No. 2003 -41 to enable reimbursement of interim expenditures from proceeds of a possible future debt issuance. 7. POLICY REGARDING CITY PAYMENT OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) MEMBER CONTRIBUTIONS FOR SEASONAL LIFEGUARD AND PART - TIME EMPLOYEES. Adopt Resolution No. 2003 -42 setting labor policy regarding the employer paid member contribution to PERS for seasonal lifeguard and part -time employees. Volume 56 - Page 333 INDEX Ord 2003 -14 GPA 2003 -003 813 E. Balboa Blvd. (45168) Res 2003 -40 Fee Schedule (40) Res 2003 -41 C -3502 City Hall Project (38) Res 2003 -42 C -3362 PERS /Seasonal Lifeguard & Part -Time Employees (38766) City of Newport Beach Regular Meeting August 12, 2003 INDEX 8. Item removed from the Consent Calendar by a member of the audience. CONTRACTS AND AGREEMENTS 9. NEWPORT BEACH CONFERENCE AND VISITOR'S BUREAU C -2638 ( NBCVB) AGREEMENT — EXTENSION. Approve the proposed Conference & amendment to the agreement with the NBCVB extending the Visitor's Bureau expiration to February 29, 2004 and providing for the UTOT portion of Agreement their funding be paid at the end of the six month extension. (38) 10. Item removed from the Consent Calendar by Council Member Nichols. 11. HARBOR VIEW NATURE PARK SLOPE REPAIR — AWARD OF C -3567 CONTRACT (C- 3567). 1) Approve the plans and specifications; Harbor View 2) affirm the Categorical Exemption; 3) award the contract (C -3567) to Nature Park Slope Popular Paver Rental for the total bid amount of $97,645 and authorize Repair the Mayor and the City Clerk to execute the contract; and 4) establish (38) an amount of $20,000 to cover the cost of unforeseen work. 12. ENCROACHMENT PERMIT NO. N2003 -0272 TO ALLOW THE N2003 -0272 EXISTING CURB OPENING ON THE NORTHERLY SIDE OF Encroachment WATERFRONT DRIVE TO REMAIN. Approve Encroachment Permit Permit No. N2003 -0272. (65) 13. 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS C -2755 SYSTEM COST SHARING AGREEMENT. 1) Approve the terms of BA -005 the Amendment to the Joint Agreement for the Implementation and 800 MHz Operation of the Orange County 800 MHz Countywide Coordinated Countywide Communications System and authorize the Mayor and City Clerk to Coordinated execute two copies of the Joint Agreement Amendment for processing Communications through the County Clerk of the Board; and 2) approve a budget System amendment (BA -005) transferring $140,496 from General Fund (38/40) Reserves into designated expenditure accounts in the Fire, Police and Public Works Departments. MISCELLANEOUS ACTIONS 14. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE BA -004 NEWPORT BEACH LIBRARY FOUNDATION AND Library APPROPRIATE FUNDS FOR MAINTENANCE & OPERATIONS Foundation BUDGETS FOR FY 2003/04. Approve budget amendment (BA -004) Donation in the amount of $144.507. (40/50) 15. REASSIGNMENT OF POSITIONS ON ENVIRONMENTAL EQAC QUALITY AFFAIRS COMMITTEE. 1) Approve Environmental Reassignment of Quality Affairs Committee (EQAC) recommendation to reassign Cris Positions Trapp from the District 6 at -large position to the environmental (24) expertise position; and 2) reassign Council Member Webb's appointees so that Chris Welsh is the District 3 appointee and Richard Rivett is Volume 56 - Page 334 City of Newport Beach Regular Meeting August 12, 2003 the at -large appointee. 520. RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AMENDED CONTRACT WITH THE STATE WATER RESOURCES CONTROL BOARD RELATING TO WATER QUALITY STUDIES IN NEWPORT BAY. Adopt Resolution No. 2003 -46 authorizing the Mayor to execute a contract amendment to Agreement #9 -074 -180 -0 of up to $700,000 between the City and the State Water Resources Control Board relating to Water Quality Studies in Newport Bay. Motion by Mayor Pro Tem Ridgeway to approve the Consent Calendar, except for those items removed (4. S, and 10), The motion carried by the following roll call vote: Ayes: Ridgewav, Webb, Nichols. Mayor Bromberg Noes: None Abstain: ?None Absent: Heffernan, Proctor. Adams J. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. ADOPTION OF RECORDS RETENTION SCHEDULE AND AUTHORIZATION FOR DESTRUCTION OF CERTAIN CITY RECORDS. Mayor Pro Tem Ridgeway stated that in 1956, the Building Department destroyed twenty years of permits without coordination through the Planning Department. It has resulted in several legal, nonconforming properties in the City. Mayor Pro Tem Ridgeway stated that the current action being considered by the City Council is significant. He requested that the City Clerk provide information on the procedures that would be established. City Clerk Harkless provided a brief history of the process that led to the formation of the records retention schedule. She specifically noted that. every department was involved and worked in conjunction with Gladwell Governmental Services, Inc., an expert in local government records. City Clerk Harkless stated that the schedules being recommended meet or exceed legal requirements, and take into consideration department policies, procedures and preferences. Extensive training was also conducted on the implementation of the records management program. City Clerk Harkless noted the supplemental staff report that was distributed after the initial report and contained two changes to the schedule. In response to the incident reported by Mayor Pro Tem Ridgeway, City Clerk Harkless stated that the records management program will include the distribution of a records management manual to all departments. It would include the City -wide records retention schedule. as well as the records retention schedules for each of the Volume 56 - Page 335 INDEX Res 2003 -46 C -3263 Water Quality Studies in Newport Bay (38) Res 2003-39 Records Retention Schedule (32) City of Newport Beach Regular Meeting August 12, 2003 departments. Jim Hildreth stated that the records retention schedule for Harbor Resources does not include pier permits and it should. Additionally, he stated that if any records were destroyed, City Council approval would have been required. He stated that since pier permits are required to be retained, and approval to destroy them has not been given, then he should be able to receive the records from Harbor Resources, as he has been requesting. Motion by Mayor Pro Tern Ridgeway to adopt Resolution No. 2003- 39 adopting a records retention schedule, as amended, and authorizing the destruction of certain City records. Mayor Pro Tern Ridgeway stated that Harbor Resources has already informed Mr. Hildreth that the records he is requesting have been destroyed. City Clerk Harkless stated that adoption of the records retention schedule won't recreate documents that have been destroyed in the past. City Manager Bludau added that the City has previously destroyed records based on State standards and that the recommended schedule adheres to those standards, but provides more detailed information regarding the specific records of the City. The motion carried by the following roll call vote: Ayes: Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan, Proctor, Adams 8. ASSIGNMENT OF CONSOLIDATED DISPOSAL SERVICE NON- EXCLUSIVE SOLID WASTE FRANCHISE AGREEMENT. Madelene Arakelian expressed her concern for how the franchise agreement was written. She asked if the contract would strictly be with Republic Services, Inc., or if the doing - business -as business names (dba's) would be listed on the refuse containers. Ms. Arakelian also asked if the waste collected would be delivered to the material recovery facility in Anaheim and if so, how the City would get credit for the recyclables. Mayor Bromberg requested that General Services Director Niederhaus contact Ms. Arakelian to discuss her concerns and answer her questions. Dolores Otting stated that the City does not inspect the vehicles used by the solid waste haulers and seems more interested in collecting the franchise fees. Secondly, she stated that when someone has a complaint about a solid waste hauler, its difficult to contact the companies. She suggested that the franchise agreements require that complaints be handled within a 24 -hour time period. Volume 56 - Page 336 INDEX Res 2003 -43 Non - Exclusive Solid Waste Franchise Agreement (42) City of Newport Beach Regular Meeting August 12, 2003 Jim Hildreth stated that he's observed individuals using the privatized trash bins designated for businesses. He stated that the trash trucks should be inspected and noted that they cause a great deal of disturbance when driving through the neighborhoods. City Manager Bludau stated that any complaints regarding trash Collectors should be directed to the General Services Department. He stated that the City has enforcement personnel who will verify if the trash collector has a franchise agreement with the City and will enforce the regulations. Motion by Mayor Pro Tern Ridgeway to 1) adopt Resolution No. 2003 -43 assigning the City franchise agreement with Consolidated Disposal Service. L.L.C. to Republic Services. Inc., dba Briggeman Disposal, L.L.C., Consolidated Disposal Service. L.L.C., and Taormina Industries, L.L.C_; and 2) approve the Agreement to Assign the Consolidated Disposal Service, L.L.C. Non - exclusive Solid `,Waste Franchise Agreement to Republic Services, Inc., dba Briggeman Disposal, L.L.C., Consolidated Disposal Service, L.L.C.. and Taormina Industries, L.L.C. Mayor Pro Tern Ridgeway stated that he didn't feel that it was within the City's jurisdiction to inspect the vehicles. The motion carried by the following roll call vote: Ayes: Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent_ Heffernan, Proctor, Adams 10. PACIFIC COAST HIGHWAY PARKWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH PENCO ENGINEERING. INC. Council Member Nichols requested a brief staff report and, specifically, noted that there's an area along Cameo Shores in front of Corona Highlands that doesn't have a sidewalk either. Mayor Pro Tern Ridgeway suggested that Council Member Nichols contact departments directly with such questions prior to City Council meetings. He stated that the item on the agenda is for an award of a professional services agreement and not to discuss sidewalks in other parts of the City. Council Member Nichols stated that he wanted to point out that the sidewalk and the wall are being done along Coast Highway in the Cameo Shores area. and that it will include the Morning Canyon wash area. Public Works Director Badum stated that the work will actually cover Volume 56 - Page 337 INDEX C -3661 PCH Parkway Improvements/ Morning Canyon to Cameo Shores (38) City of Newport Beach Regular Meeting August 12, 2003 uii ITOR the area between Morning Canyon and Cameo Shores Road. Motion by Mavor Pro Tern Ridgeway to approve a Professional Services Agreement with Penco Engineering, Inc. for $39,629 and authorize the Mayor and the City Clerk to execute the Agreement. The motion carried by the following roll call vote Ayes: Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan, Proctor, Adams K. PUBLIC COMMENTS Jim Hildreth stated that the records he's been requesting from the City should have been kept and maintained. He stated that if they were destroyed, he should be told when and how they were destroyed. Mr. Hildreth stated that the hourly employees in Harbor Resources have been directed not to speak to him. He stated that he should be able to obtain information from any City employee, and that he may consider running for City Council to find out what is going on in the City. Mr. Hildreth stated that, for example, the public should be aware that the undergrounding of utilities allows for taller structures. He concluded his comments by stating that the Mayor knows that the City is hiding records from him because they are embarrassed by them. Mayor Pro Tem Ridgeway noted that allowing Mr. Hildreth to speak during Public Comments is an example of the City supporting freedom of speech. Jane Brown, Southern California Edison, announced that Edison rates were lowered, effective August 1, 2003. They were lowered by approximately 8% for residents and up to 19% for commercial. She stated that the commercial accounts are receiving a bigger rate decrease because they received a larger rate increase during the energy crisis. She stated that an analysis of the projected savings for the City accounts will be presented in the near future. She emphasized that conservation is important and does make a difference. Glenn Zagoren, President and CEO of the Newport Harbor Nautical Museum, stated that on August 2, 2003, the Daily Pilot ran a story about the Newport Harbor Nautical Museum desiring to move to the Lower Castaways site. Mr. Zagoren clarified that they are looking to acquire the vacant site from The Irvine Company, but will also continue to develop their current site. He reported that they are receiving positive feedback from the community and the City on their plans. Mr. Zagoren suggested that the museum's location be considered during discussions regarding the plans for Mariners' Mile. Brian Clarkson. FreeNewport.com, noted the absence of Council Member Proctor and stated that he left the Citv Council meeting on Volume 56 - Page 338 City of Newport Beach Regular Meeting August 12, 2003 INDEX July S, 2003, early- and hasn't been in attendance since. Mr. Clarkson stated that Economic Development Program Administrator Trimble sent an e -mail earlier in the day to the Balboa Merchants & Owners Association (BMOA) Board requesting that Jim Fournier, webmaster of TalesofBalboa.com and member of the BMOA, remove the site's link to the FreeNewport.com site. He stated that the e -mail also stated that it is Mr. Fournier's decision on who he links, but it is also the choice of the Business Improvement District (BID) who they link. Mr. Clarkson stated that the request is a restriction of freedom, which is what FreeNewport.com is fighting against. and that the action also poses a number of serious questions. He asked what the City's policy is for linking sites to its website and requested that the action of Program Administrator Trimble be looked into. Mayor Bromberg stated that although questions can be asked during Public Comments, those that are truly motivated and have legitimate concerns are encouraged to contact City staff at any time. He stated that it isn't necessary or as effective to wait for a City Council meeting to ask a question. • Scott Palmer, BID Administrator for the City, stated that he attended the Balboa Village BIDBMOA meeting earlier in the day, and that Mr. Clarkson's comments are probably the result of a misunderstanding. Mr. Palmer stated that the issue discussed at the meeting regarded a link that was removed a year ago to a tattoo parlor website, and that the discussion was about not repeating the same mistake. • Dolores Otting distributed pages 16 and 17 of the Balboa Bay Club lease and reported that she has attempted to get her questions answered by staff. She specifically referred to the sections discussing base rent during construction, and stated that the Balboa Bay Club is still operating under a temporary occupancy permit and only paying $46,000 per month for rent. She stated that they should be paying $100,000 per month for rent and the public should be aware of whits going on, since it's public land thatis being leased. Ms. Otting requested that a future Study Session address the issue. Mayor Bromberg stated that a future Study Session will address the issue, but there are other issues that will need to be taken first. City Attorney Burnham also clarified that the leave provisions do allow the Balboa Bay Club to abate base rent during construction, but not percentage rent, and that it hasn't resulted in any reduction in rent paid to the City. • In regard to the comments made earlier by Mr. Clarkson, City Manager Bludau stated that the e -mail from Program Administrator Trimble contained information that would be appropriate from a City employee. • Addressing Mr. Hildreth, Mayor Bromberg stated that when he approaches the City Council regarding an issue, he should review the staff report beforehand. He stated that without doing so, he only Volume 56 - Page 339 City of Newport Beach Regular Meeting August 12, 2003 L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report - Ad Hoc General Plan Update Committee (GPUC). Mayor Bromberg announced that GPUC has not met since the previous City Council meeting. Status report - Local Coastal Program Certification Committee. Mayor Pro Tem Ridgeway reported that the Coastal Commission has provided their comments and staff will be meeting with them to discuss the details, and a meeting of the Committee will follow. Status report - Newport Coast Advisory Committee. Council Member Heffernan was not present at the current meeting to provide a report. Status report - Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb stated that there was nothing new to report. Status report - Other Committee Activities. Mayor Pro Tem Ridgeway announced that the applicant. at Lower Bayview has agreed to move forward with the project, at a reduced size. A presentation will be made to the Coastal staff in October, 2003. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING COMMISSION AGENDA FOR AUGUST 7, 2003 [Meeting cancelled due to Iack of business]. N. PUBLIC HEARINGS 17. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: PUBLIC HEARING FOR RENEWAL OF THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT FOR THE 2003 -2004 FISCAL YEAR AND ADOPTION OF RESOLUTION OF CONFIRMATION. Economic Development Program Manager Berger stated that the action before the City Council is to consider the renewal of the Corona del Mar Business Improvement District (BID) for the eighth year. He stated that no written or verbal protests have been received and that staff is recommending approval of the renewal. Council Member Nichols asked how many businesses voted in the last election. Program Manager Berger stated that of the 319 businesses that belong to the BID, 52 of them cast ballots, which is comparable to prior years. Council Member Nichols asked what percentage of the businesses have not made their payments. Scott Palmer, BID Administrator, stated that approximately 18% of the businesses have not made their payments and of that. approximately 10% are businesses that normally pay late and the other 8% are businesses that Volume 56 - Page 340 PING�:1 [No Report] Res 2003 -44 Corona del Mar Business Improvement District (BID) Renewal (27) City of Newport Beach Regular Meeting August 12, 2003 will probably not pay for various reasons. Council Member Nichols complimented the payment rate of the BID. Mayor Bromberg opened the public hearing Hearing no testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Webb to adopt Resolution of Confirmation No. 2003 -44, since protests represented less than 50 percent of the total assessment amount, and to confirm the BID Advisory Committee. The motion carried by the following roll call vote Ayes: Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan, Proctor, Adams 18. GENERAL PLAN AMENDMENT 2003 -04. PA 2003 -130 — NEGATIVE DECLARATION AND ADOPTION OF UPDATED HOUSING ELEMENT. Using a PowerPoint presentation, Senior Planner Campbell explained that State Housing Element Law requires cities to conduct comprehensive assessments of current and projected housing needs for all economic segments of their communities. She briefly listed the basic requirements of the law. A specific requirement of the law is that cities must quantify their projected housing needs, and plan to meet those needs and their share of the Regional Housing Need Assessment (RHNA), which is the projected housing need for the planning period for a specific community. Senior Planner Campbell stated that the method for establishing RHNA allocations is very involved. She provided a summary of the process. Senior Planner Campbell stated that other provisions of the housing element law include that cities review and revise the previous element for its effectiveness, the progress of its implementation. and the appropriateness of its goals, objectives and policies. Another requirement of the law is that cities assess housing needs, and analyze resources and constraints. Cities must also establish a housing program that sets forth a five -year schedule of actions to achieve the goals and objectives of the element. Senior Planner Campbell reported that Newport Beach, upon completing all of the required reviews and analyse_, has made six major changes to its housing element, She stated that the development of the three identified affordable housing sites in the City has been included, as well as the research of affordable housing sites as a part of the general plan update. Thirdly, Senior Planner Campbell stated that a new policy has been added to clarify when a developer must pay an in -lieu fee or provide housing. Substantial changes were also made to Volume 56 - Page 341 INDEX Res 2003 -45 CPA 2003 -04 PA 2003 -130 Housing Element Adoption (45) City of Newport Beach Regular Meeting August 12, 2003 INDEX the inclusionary housing policy and a new policy was added to encourage the investigation of the reduction of commercial areas for the expansion of residential development in some of the older commercial areas. Lastly, a new policy was added to deal with analyzing constraints as they apply to housing intended for persons with disabilities. Senior Planner Campbell provided an outline of the certification history, which resulted in the State Housing and Community Development Department (HCD) issuing a letter of conditional compliance in May of 2003, and the Planning Commission recommending City Council approval of the housing element on July 17, 2003. Senior Planner Campbell briefly described some of the consequences of non- compliance, and the benefits of tying in the housing element with the general plan update. Motion by Mayor Pro Tem Ridgeway to certify the proposed Negative Declaration and adopt Resolution No. 2003 -45 approving the Housing Element. Mayor Pro Tem Ridgeway complimented the presentation. He stated that it was well done and made a difficult and complex issue, understandable. He also noted that staff has done an excellent job in working with HCD. He stated that the issues are difficult and complex, but that housing needs are important and that the State is involved to accommodate the State's population growth. Mayor Bromberg echoed the comments of Mayor Pro Tem Ridgeway, and acknowledged his involvement with the issue also. Council Member Nichols asked what the implications would be if the Lower Bayview senior affordable housing project isn't approved. Assistant City Attorney Wood stated that HCD understands how hard the City has tried to begin implementation of the element and comply with the conditions of certification. She added, however, that there is a new State law that requires local governments who deny or reduce density in a housing project to identify other sites to accommodate the same number of units. Mayor Bromberg opened the public hearing Dolores Otting asked if the City has a list of sites that can be used for the units that are required under RHNA. She also asked what the deadline is to complete the new units. Mayor Pro Tem Ridgeway stated that the number changes as the population changes, and that Newport Beach will have to do its part to accommodate the growth. Hearing no further testimony, Mayor Bromberg closed the public hearing. Volume 56 - Page 342 City of Newport Beach Regular Meeting August 12, 2003 Mayor Bromberg requested that staff contact Ms. Otting to discuss her concerns and answer her questions. Council Member Nichols asked where the Avocado & MacArthur site is located. Mayor Pro Tem Ridgeway stated that it's the site above the intersection on San Miguel. The motion carried by the following roll call vote: Ayes: Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan, Proctor, Adams O. CURRENT BUSINESS 19. ESTABLISHMENT OF A CITY COUNCIL AD HOC COMMITTEE TO CREATE A COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE FRIENDS OF OASIS WITH THE APPOINTMENT OF TWO (2) COUNCIL MEMBERS BY THE MAYOR. Mayor Bromberg appointed Council Member Webb and Mayor Pro Tem Ridgeway to the City Council Ad Hoc Committee. Dolores Otting asked why there is a need to establish the committee. She stated that the Friends of the Oasis have been supporting the Oasis Senior Center for years, and that there are a number of upset people in the community. Council Member Nichols stated that he's interested in serving on the Committee, and noted that the Oasis Senior Center is within his councilmanic district. Mayor Bromberg stood by his appointments. Council Member Nichols asked if the Committee's meetings will be open to the public. City Attorney Burnham stated that it would not be a Brown Act committee, and that it has a specific task to meet with the Friends of the Oasis to develop the terms and conditions of a cooperative agreement. He added that it is a limited purpose committee with a fixed time period. Mayor Bromberg stated that it's a housecleaning issue. Motion by Mayor Pro Tem Ridgew to adopt Resolution No. 2003- _ creating the Ad Hoc OASIS Cooperative Agreement Committee; and confirm the Mavor's appointment of Council Member Webb and Mayor Pro Tem Ridgeway to serve on the committee. Volume 56 - Page 343 INDEX Ad Hoc Oasis Cooperative Agreement Committee (24) City of Newport Beach ReguIar Meeting August 12, 2003 The motion failed by the following roll call vote: Ayes: Ridgeway, Webb, Mayor Bromberg Noes: Nichols Abstain: None Absent: Heffernan. Proctor, Adams City Attorney Burnham explained that four affirmative votes of the City Council are needed to approve a resolution. P. MOTION FOR RECONSIDERATION - None Q. ADJOURNMENT at 8:25 p.m. in the memory of Brianna Ruiz The agenda for the ReguIar Meeting was posted on August 6, 2003, at 3:45 p.m. on the City HaII BuIIetin Board Iocated outside of the City of Newport Beach Administration Building. The supplementaI agenda for the ReguIar Meeting was posted on August 8, 2003, at 3:00 p.m. on the City HaII BuIIetin Board Iocated outside of the City of Newport Beach Administration Building. City CIerk Recording Secretary Mayor VoIume 56 - Page 344 INDEX