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HomeMy WebLinkAbout01 - 10-21-2003 & 10-28-2003City Council Meeting November 12, 2003 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes D�� %r Adjourned Regular Meeting October 21, 2003 - 7:00 p.m. INDEX A. ROLL CALL Present: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Absent: District 2 (vacant) B. PLEDGE OF ALLEGIANCE — Council Member Nichols C. INVOCATION — Council Member Webb D. CONTINUED BUSINESS 1. PARAMETERS FOR CONDUCTING DISTRICT 2 COUNCIL CANDIDATE INTERVIEWS AND THE SELECTION OF A NEW COUNCIL MEMBER. Mayor Bromberg stated that rules and parameters were established at the City Council meeting on October 14, 2003. City Clerk Harkless announced that the length of the interviews would be approximately 25 minutes, and that each candidate would be offered a two - minute introduction and a five - minute closing statement. The order of the candidate interviews would be randomly selected. City Clerk Harkless stated that the candidates would be kept together in the Council Conference Room during the interviews, and called into the Council Chambers for their individual interviews. The candidates would be allowed to return to the Council Chambers at the conclusion of all of the interviews. City Clerk Harkless stated that each council member will be allowed to ask each candidate questions deemed pertinent to the selection process. Public input and discussion of the candidates would take place at the conclusion of all of the interviews. City Clerk Harkless stated that the selection of the District 2 council member would take place at the conclusion of the discussion, and would be followed by the swearing -in ceremony. At the request of Council Member Heffernan, City Clerk Harkless explained that the council members would vote on paper ballots provided by the City Clerk. Council Member Heffernan confirmed that four votes would be required for a candidate to be appointed. City Attorney Burnham added that this is also consistent with Council Policy A -2, Board and Commission Appointments. City Attorney Burnham stated that there are a couple ways to handle runoffs. Mayor Bromberg suggested that the issue be addressed at the time the voting takes place, if it becomes necessary. Mayor Pro Tem Ridgeway suggested that if a candidate receives fewer than two votes, they should be removed from consideration on the Volume 56 - Page 451 District 2 City Council Candidates' Interviews & Selection (33) City of Newport Beach Adjourned Regular Meeting October 21, 2003 INDEX subsequent vote. City Clerk Harkless stated that this would be consistent with Council Policy A -2. Motion by Council Member Adams to follow the voting procedure as outlined in City Council Policy A -2. The motion carried by the following roll call vote Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None Mayor Bromberg announced that the timer would be set for the opening and closing remarks of the candidates. City Attorney Burnham encouraged the council members not to ask questions regarding how a candidate would vote on any particular project that may be considered by the City Council in the near future, and explained that this is advised to ensure that any future project proponent receives a fair and impartial hearing. He also encouraged the council members to ask relatively similar questions of each of the candidates, so that a comparison of the candidates can be made. He stated that it would be appropriate to ask questions involving familiarity with pending projects, the City Charter and issues in District 2 and the City. Mayor Bromberg asked if it would be appropriate to ask the candidates about their opinions on certain subjects. City Attorney Burnham stated that the concern would be for future hearings. Council Member Heffernan stated that the list of questions that he provided prior to the meeting would not be asked, per the advice of the City Attorney. City Clerk Harkless drew a name from the hat and announced that Michael Kite would be the first candidate interviewed. The room was cleared of the remaining candidates. Michael Kite stated that he has talked to several residents in the City about various issues and understands the difficult job of being a council member. He stated that he would like to help. Mayor Bromberg asked what issues Mr. Kite felt were the most important in the City and how he would prioritize them. Mr. Kite stated that one of the most important issues to him, personally, is the improvement of water quality in the bay and channels. He stated that he would make it one of his first priorities. Council Member Webb asked what the current issues are in District 2 that should be considered by the City Council. Mr. Kite listed the 4th of July, Banning Ranch and the Santa Ana River crossing as issues that need to be addressed. Volume 56 - Page 452 City of Newport Beach Adjourned Regular Meeting October 21, 2003 INDEX Council Member Adams asked for his opinion on the Greenlight initiative and what he felt the long -term impacts of it might be. Mr. Kite agreed with the spirit of the initiative, which he felt was sensible growth, but that he didn't support halting all growth. He felt that Greenlight had some good qualities, but wasn't the complete answer. Council Member Heffernan asked the City Attorney if he could ask a candidate how he voted on the Greenlight initiative. City Attorney Burnham stated that maintaining the secrecy of the ballot needs to be weighed against what might be learned from the answer to the question. He suggested that a decision by a candidate to decline to answer the question should be respected. He recommended that it would be best not to ask the question. Referring to the problem with traffic in District 2, Council Member Nichols asked if Mr. Kite supported more commercial growth in the area and how he would suggest handling the traffic problems. Mr. Kite stated that he didn't have access to the traffic reports or the impacts new development might be having in the area, but that he felt that traffic problems caused by new development could possibly be mitigated. He pointed to the Santa Ana River crossing as a possible solution to help alleviate some of the traffic problems. In response to Mayor Bromberg's question, Mr. Kite stated that there is not a homeowners association where he lives. Council Member Webb asked his thoughts on how the Sunset Ridge park site might be developed to serve the residents of District 2 and the City, Mr. Kite stated that he would seek the opinions of the residents in the area, and feels that there would be support for a natural park. Council Member Adams asked for his thoughts on extending the boardwalk in West Newport. Mr. Kite expressed his understanding of the feelings from the residents who would be adversely affected, and that he didn't see a reason to do it at the current time. For his closing remarks, Mr. Kite admitted that he is not a politician and may lack significant experience in civic government, but stated that it creates an opportunity for the City Council to appoint someone without previous affiliations or biases. He stated that he would more honestly represent the residents of District 2 and would work with the City Council objectively. Mr. Kite stated that District 2's demographics have not been represented in the past, but that his appointment would also provide this opportunity for the City Council. He stated that Newport Beach needs someone with the demonstrated ability to think "outside of the box ". He stated that he would work to make the City a better place for businesses and residents, and to improve water quality, and that he would be responsive to the community and do his best to serve the City. City Clerk Harkless drew a name from the hat and announced that Merritt Van Sant would be the next candidate interviewed. Volume 56 - Page 453 City of Newport Beach Adjourned Regular Meeting October 21, 2003 INDEX Mayor Bromberg noted that each candidate submitted an application that the council members have reviewed, and that the information is also public record. Merritt Van Sant stated that he graduated from Stanford University with a degree in political science, then served in the Korean War, worked as an insurance broker and then under Ronald Reagan's administration, when he served as both governor and president. He specifically noted that his work brought him a familiarity with cities. Mayor Bromberg asked what issues Mr. Van Sant felt were the most significant in the City and how he would prioritize them. Mr. Van Sant stated that terrorism is the most important issue and that it should be made a priority. He stated that the City could probably accomplish greater federal funding and that the City Council might want to consider an ad hoc committee to deal with the issue. Mayor Pro Tem Ridgeway asked what he felt the most important issue was in District 2. Mr. Van Sant stated that water quality in the bay and the pollution caused by the 43 =d Street storm drain would be a high priority item for him to work on. Council Member Webb asked his thoughts on how the Sunset Ridge park site might be developed to serve the community. Mr. Van Sant stated that consensus appears to be that it should be a park, such as one that would provide a place to play softball and throw a Frisbee. Council Member Webb additionally asked Mr. Van Sant his thoughts on the extension of 191h Street across the Santa Ana River. Mr. Van Sant stated that he is not in support of the idea. Council Member Adams asked for his views on the Greenlight initiative and what he felt the long -term impacts of it might be. Mr. Van Sant stated he would have voted against it, but there does appear to be some good features to it. He added that he would expect some improvements to be made to it in the future. Council Member Adams asked Mr. Van Sant his thoughts on the extension of the boardwalk in West Newport. Mr. Van Sant stated that he would support leaving things the way they are. Council Member Adams asked for his general thoughts on how the City has been handling the problems with the 4th of July. Mr. Van Sant stated that he supported the action taken by the City in 2003 and is proud of the success of those actions. In response to a question about what could be done to improve the situation further, Mr. Van Sant stated that the new rules were well implemented and well received, but added that there would always be room for small improvements. Noting the density in the area of Hoag Hospital, Council Member Nichols asked if Mr. Van Sant was in favor of continued expansions and his views on how traffic should be handled in the area. Mr. Van Sant stated that he applauds the development of Hoag Hospital and the improvements that have been made. Council Member Nichols asked how the bottleneck in traffic should be handled and if he would allow continued growth in the area. Mr. Van Sant stated that it has worked Volume 56 - Page 454 City of Newport Beach Adjourned Regular Meeting October 21, 2003 i NFOYD 9 fine, although there could be problems in the future that would need to be addressed. Noting Mr. Van Sant's lack of support for a bridge over the Santa Ana River at 191h Street, Council Member Heffernan asked how he would address the increased traffic that would result on Newport Beach's streets. Mr. Van Sant stated that it's important to do what's best for the community, which includes Costa Mesa, and that the bridge doesn't seem to be imperative at this time. Council Member Adams asked what could be done to improve water quality. Mr. Van Sant stated that the concerns are great and the Clean Water Act is the beginning for dealing with the sources of pollution. He stated that he's proud of the results of the work done in Upper Newport Bay. He stated that he's not familiar with the eelgrass issue, but knows that it needs to be addressed. Mayor Bromberg asked if he'd been involved locally. Mr. Van Sant stated that he spent five years on the environmental impact committee for the Newport Crest Homeowners Association. He stated that he was also on the management committee and the parking committee. He additionally noted his work in Los Angeles County. For his closing statement, Mr. Van Sant stated that he wanted, again, to focus on the issue of terrorism. He specifically suggested that the City form a blue ribbon committee to deal with the many issues associated with terrorism, such as neighborhood protection, covering the Big Canyon Reservoir and protection of Hoag Hospital. City Clerk Harkless drew a name from the hat and announced that Dennis Lahey would be the next candidate interviewed. Dennis Lahey stated that business experience and a history a volunteerism to show community support are needed to be a council member. He stated that through his work experience, involvement with the American Legion, and his wife's business, he possesses these qualities. Mr. Lahey noted that he was a candidate for District 2 in 2000 and finished second, behind Gary Proctor. He stated that he would bring a feeling of togetherness to the City Council. He stated that many positive things have been accomplished in the past few years and he'd like to help out in any way he can. Mayor Bromberg asked what he felt the top issues in the City are and how he would prioritize them. Mr. Lahey stated that the top priority is getting the general plan approved. He also listed dealing with the infrastructure as a top priority. Mr. Lahey stated that he is no longer concerned about the 4th of July activities because the police handled the situation well this past year and should continue to do the same things. Council Member Webb asked for Mr. Lahey's thoughts on the extension of 19th Street across the Santa Ana River. Mr. Lahey stated that he believes that it needs to be done, possibly should already have been done and is a part of the master plan. Council Member Webb asked for his Volume 56 - Page 455 City of Newport Beach Adjourned Regular Meeting October 21, 2003 INDEX thoughts on how the Sunset Ridge site should be developed. Mr. Lahey stated that it should be developed in such a way that people can come to the site and enjoy the view. Council Member Webb asked what things need to be accomplished in District 2. Mr. Lahey listed undergrounding of utilities as a priority, for both aesthetic and safety reasons. He stated that other issues include a slough that needs to be dredged, increased maintenance of the parks in the area, and improved signage for those entering Newport Beach through West Newport. Council Member Nichols noted the commercial growth in the communities surrounding Newport Beach, and asked Mr. Lahey's opinion on growth within the City. Mr. Lahey stated that he likes the separate commercial areas that exist in the City, and feels that the residents can be serviced with the current property tax income that is being received, particularly since the annexation of Newport Coast. He didn't feel that more commercial revenue needed to be sought. Council Member Adams asked for his views on the long -term impacts of the Greenlight initiative. Mr. Lahey stated that he doesn't think it will be a problem, and that Greenlight came about because of all of the development occurring at the time. He stated that Greenlight was only intended to stop the development that wasn't included in the general plan. He stated that he didn't feel that Greenlight had a downside. Council Member Adams asked his opinion on the City extending the boardwalk in West Newport. Mr. Lahey stated that the beach doesn't belong to those that own a home on it, and felt that the boardwalk should be extended. Council Member Heffernan complimented Mr. Lahey on how well written his statement was in the current day's edition of the Daily Pilot. Council Member Heffernan asked if Mr. Lahey, as a council member, would be able to vote on issues involving the Marinapark hotel, noting his affiliation with the American Legion. Mr. Lahey stated that he didn't feel that it was a problem, because the American Legion lease with the City has already been agreed upon. In response to Council Member Heffernan's additional question, Mr. Lahey stated that he is not opposed to the hotel project outright, but is open to new ideas for use of the site. Council Member Heffernan asked his opinion about further low -rise construction around the bay. Mr. Lahey stated that if it is for residences, he is in support of it, and noted that any vacant land will not remain vacant. Mayor Bromberg asked Mr. Lahey if he had the time necessary to be a council member. Mr. Lahey responded in the affirmative and stated that he has more time now than he did before. Mr. Lahey thanked the City Council and stated that he had no further comments. City Clerk Harkless drew a name from the hat and announced that David Goff would be the next candidate interviewed. David Goff referenced the information provided in his application, and Volume 56 - Page 456 City of Newport Beach Adjourned Regular Meeting October 21, 2003 INDEX stated that his qualifications and experience speak for themselves. He listed some of his local government experience which included involvement with the Banning Ranch general plan amendment, and serving on the Seashore /Oceanfront steering committee and Mariners' Mile specific area plan committee. He stated that his knowledge of the City is not limited to District 2, and mentioned the importance he places on water quality, affordable senior housing and the update of the general plan. Mayor Bromberg asked Mr. Goff what he felt were the most significant issues in the City and how he would prioritize them. Mr. Goff stated that the top priority is the general plan update. He stated that other priorities include bay water quality, drinking water quality and local plan certification. Mayor Pro Tem Ridgeway asked for his list of the priorities for District 2. Mr. Goff listed the undergrounding of utilities, revitalization and beautification of the business community on Coast Highway, St. Andrews Church modification, and maintenance of the aging infrastructure. Council Member Webb asked for his thoughts on what should be done with the Sunset Ridge parcel. Mr. Goff stated that it should be converted to a park, with a system of bike trails tied into the Santa Ana River system. Council Member Webb asked if the park should be active or passive. Mr. Goff stated that provisions should be made for activities on the property that are compatible with the adjacent residential properties. Council Member Webb asked for his thoughts on the Santa Ana River crossing. Mr. Goff stated that Costa Mesa and Huntington Beach are adamant that the bridge not be built, but Newport Beach needs the relief from traffic or it might have to be handled by the widening of Coast Highway, which the residents in the area would object to. Council Member Adams asked for his thoughts on the Greenlight initiative and what the long -term impacts could be. Mr. Goff stated that he did not support the initiative because the City does a good job at reviewing projects and mitigating potential problems. He also noted that it takes a great amount of study and time to understand a project and work with the applicant to get a project that is acceptable to the City, and that it's risky to have an uninformed voter making that decision. Mr. Goff stated that it is incumbent on the City to educate the public prior to any future votes. Council Member Adams asked for his thoughts on the extension of the boardwalk in West Newport. Mr. Goff stated that he's opposed to it, although he has supported bringing the issue forward for discussion in the past. Council Member Nichols stated that the development in the hospital area will probably cause traffic congestion, and asked if Mr. Goff favored that type of growth and how he would handle it. Mr. Goff stated that there isn't a lot of room for additional growth, but feels that traffic is already a problem in the area. He stated that he would be opposed to the widening of Coast Highway in the West Newport area, but could Volume 56 - Page 457 City of Newport Beach Adjourned Regular Meeting October 21, 2003 INDEX support it in the Mariners' Mile area. He stated that other than working with Costa Mesa, there isn't a lot the City can do in the area. He acknowledged that widening Coast Highway in the Mariners' Mile area would put more pressure on the need to widen Coast Highway in Corona del Mar, which he couldn't support. He felt that the Santa Ana River crossing could help alleviate some of the traffic, but it wouldn't alleviate the traffic in Corona del Mar. In response to Council Member Nichols' question, Mr. Goff stated that he supported the City Council action on the Koll property and the fact that it went to a vote, because it is the law. He stated that in the airport area, there are opportunities for redevelopment and growth. Mr. Goff stated that he understands the responsibility of serving on the City Council and the impacts of the decisions that are made. He stated that he would be proud to serve on the City Council, and noted that he took the time to understand the issues when he was on the Planning Commission. He stated that like the current council members, he would make himself accessible to the public, and that he has the time to devote to the job and would welcome the commitment. Mr. Goff stated that it's time to create a new West Newport, which he envisioned to be a safe, clean, attractive community where residents, businesses and visitors can respectfully enjoy the amenities that District 2 has to offer. He stated that he knows the City and understands his future constituents' concerns, and that there are corresponding opportunities that come with the concerns to make Newport Beach an even better city. City Clerk Harkless drew a name from the hat and announced that Steven Rosansky would be the next candidate interviewed. Steven Rosansky stated that he is ready to provide the strong leadership that District 2 deserves. He listed some of the ways he has served the local community, and how his legal and business background would be an asset in maintaining and nurturing the City Council's accomplishments and goals. He stated that he believes in a balanced approach to City government where the rights of the citizens, property owners and businessmen are respected. In closing, Mr. Rosansky stated that he has the time, the energy, the desire and the commitment to fulfill the duties of a council member. Mayor Bromberg asked what he felt were the most significant issues in the City and how he would prioritize them. Mr. Rosansky stated that the most important issue is the general plan amendment. Other issues include dealing with traffic and water quality. Mayor Pro Tem Ridgeway asked what he felt the issues in District 2 are. Mr. Rosansky stated that the development of Banning Ranch will be an important issue for District 2 in the future. He listed other issues as including traffic on Coast Highway, the 19th Street bridge and the handling of the 4th of July. Council Member Adams asked for his thoughts on the Greenlight initiative and what the long -term impacts might be. Mr. Rosansky stated that he ran for City Council in 2000 and Greenlight was an Volume 56 - Page 458 City of Newport Beach Adjourned Regular Meeting October 21, 2003 INDEX important issue in that election. He stated that he was not in favor of the initiative and doesn't support its intent, although he understands it in the law of the City and must be followed. In regard to the long -term impacts, he stated that it will reduce future development but to what extent, he wasn't aware. Council Member Adams asked for his thoughts on extending the boardwalk in West Newport. Mr. Rosansky stated that he doesn't favor it and doesn't see the need for it, at this time. Council Member Adams asked what ideas he might have for what can be done differently in the future on the 4th of July. Mr. Rosansky stated that in 2003, the 4th of July was well supervised and that the police did a good job of controlling the problems. He stated that he'd be open to suggestions from residents in the district for making improvements in the future. Council Member Nichols asked how the traffic in the District 2 area should be handled, given the density in the area. Mr. Rosansky stated that any new development in the City will impact traffic and the key is to mitigate the effects. He stated that he's sensitive to the issue. He spoke in favor of pursuing the 19th Street bridge. He noted that Hoag Hospital has a development agreement in place and the City is required to respect that agreement. Council Member Webb asked for his thoughts on how the Sunset Ridge parcel should be developed. Mr. Rosansky stated that he feels that the site should be developed as an active park, and that the West Newport area is underserved by active parks. Council Member Webb asked if there were any issues related to the Newport Heights area that need to be considered. Mr. Rosansky cited the St. Andrews Church expansion as an example of an issue that is a concern to the residents in the area. He also noted the tree issues in the area. Council Member Webb asked what efforts Mr. Rosansky had taken to learn the views of the community associations in District 2. Mr. Rosansky stated that he's been in contact with, and made efforts to approach, the associations. Council Member Heffernan asked if Mr. Rosansky was aware of what the effects of the State rolling back the Vehicle License Fee (VLF) would be on Newport Beach. Mr. Rosansky stated that he wasn't aware of what the dollar impact would be, but that he was aware that the City receives a significant amount of revenue from the VLF tax. He stated that it will undoubtedly create issues that will need to be discussed. Council Member Heffernan asked his views on the installation of lights at Mariners' Park. Mr. Rosansky stated that he would imagine that the residents in the area would not be in support of installing lights, but that it would make the park more usable. He stated that he would have to see the proposal and if it could be done in a manner that results in the least imposition to the surrounding neighbors. He responded the same to a similar question about lights at Sunset Ridge park. Council Member Webb asked the same question of the new Bonita Canyon Sports Park. Mr. Rosansky stated that he would assume that it was studied at the time and that it was determined, for good reasons, that lights should not be installed. Volume 56 - Page 459 City of Newport Beach Adjourned Regular Meeting October 21, 2003 INDEX Council Member Nichols asked if parks in residential communities were compatible with the residents. Mr. Rosansky stated that if it isn't one thing, it'll be another. Council Member Heffernan stated that due to the reconfiguration of Mariners' Park, the installation of lights is being considered, unlike the Bonita Canyon Sports Park which is already built. Mr. Rosansky stated that if he is appointed to the District 2 vacancy, it is his intention to run for the seat in 2004. He stated that he understands the role of the City Council to set the priorities, policies and objectives for Newport Beach, and the interaction and contributions of the City Manager, City Attorney and City employees in implementing the goals. He stated that there are important issues facing District 2 and the City. Mr. Rosansky stated that through his experiences, he has acquired the skills necessary to help the City. He noted the letters in support of his appointment that have been sent to the City Council, and stated that he wants to serve as a council member for one of the finest communities in the world. Mayor Bromberg announced that Earl Miller would be the final candidate interviewed. Earl Miller stated that he has experience in both private and public sectors. He stated that he has no agenda or preconceived ideas, and could represent all of the residents of the City. Mayor Bromberg asked what Mr. Miller felt were the most significant issues in the City and how he would prioritize them. Mr. Miller stated that quality of life is the most serious problem, noting water, traffic and the atmosphere. Council Member Webb asked what he felt were some of the key issues for District 2. Mr. Miller stated that the problems include traffic, renter /owner problems, and issues with controlled growth, the 19th Street bridge and Banning Ranch. Council Member Webb asked his thoughts on the 19th Street bridge. Mr. Miller stated that he doesn't think it will ever happen. Council Member Webb asked what he felt the development plans should be for the Sunset Ridge park site. Mr. Miller stated that the area needs a place for the youth and possibly a skate park. Council Member Adams asked for Mr. Miller's feelings on the possible long -term impacts of the Greenlight amendment to the City Charter. Mr. Miller stated that it's law and he doesn't think it'll be changed, so the City will have to abide by it. Council Member Adams asked for his thoughts on extending the boardwalk in West Newport. Mr. Miller stated that the City is facing more important issues, and money should be spent in other areas. Council Member Adams asked for his thoughts on the City's past approach to the 4th of July and if he had any ideas for improvements. Mr. Miller stated that the situation appeared to improve in 2003, although he's not aware of the opinions of the residents that were directly affected. Volume 56 - Page 460 City of Newport Beach Adjourned Regular Meeting October 21, 2003 11 `11 Council Member Nichols asked what provisions should be considered to handle the increased traffic in the area of Superior Avenue and Coast Highway. Mr. Miller stated that Coast Highway may need to be widened through the Mariners' Mile area. Council Member Nichols asked what could be considered if the 19�h Street bridge isn't built. Mr. Miller stated that the he doesn't feel that the 19th Street bridge will ever be built and he didn't know what other alternatives might be available. Council Member Webb asked if he knew what the issues in the Newport Heights area were and what his opinions on those issues were. Mr. Miller stated that he didn't. Mr. Miller stated that is seeking the appointment because he didn't feel that District 2 was adequately represented by the former council member. He stated that he would be a fast learner, a good problem solver and prepared to make hard decisions, when necessary. Mr. Miller stated that he would base his decisions on merit, facts and need. He stated that creative ways will be needed to face the future, and he'd like the opportunity to demonstrate his abilities. Mayor Bromberg welcomed the candidates back to the Council Chambers and opened the item to public comments. Laura Dietz, Corona del Mar, believed that the applicants were terrific candidates. She stated that the ability to listen, comprehend, and communicate to constituents and the City at -large makes a Council Member a good public servant, and wished them luck. Ms. Dietz announced that, on October 22 at 7:00 p.m., there will be a Corona del Mar centennial meeting at Sherman Gardens. 2. SELECTION OF DISTRICT 2 COUNCIL MEMBER. Mayor Pro Tem Ridgeway received confirmation from City Clerk Harkless that the selection of the District 2 Council Member will be done by ballot and not by motion. Mayor Pro Tem Ridgeway thanked the six individuals who applied for the District 2 position, stating that they are all qualified in their own way and made good presentations. He indicated that he is proud to be part of the City and part of this City Council. He reported that his vote for one person does not mean that the others were not qualified. He asked that all the applicants stay involved and reiterated that everyone did extremely well tonight. Council Member Nichols received confirmation from Mayor Bromberg that this will be a publicly recorded vote. Council Member Heffernan thanked all the applicants and believed that they did a fine job and came prepared. He stated that he understands that speaking at the podium and exposing their lives on television is hard to do, and appreciated them for doing it. He wished everyone the best of luck. Volume 56 - Page 461 City of Newport Beach Adjourned Regular Meeting October 21, 2003 ` ll►01 Mayor Bromberg congratulated the six applicants and noted that it is a privilege to serve on the Newport Beach City Council. He recognized former Mayors Evelyn Hart and Jan Debay who were in the audience. He stated to whomever is selected that being on Council is a humbling experience and that you have to put time into this because that is what the people expect. He congratulated the applicants for standing up in front of Council. Mayor Bromberg requested that Council cast their vote and present them to the City Clerk. City Clerk Harkless announced the following votes: Council Member Heffernan - David Goff Council Member Nichols - Dennis Lahey Mayor Pro Tem Ridgeway - Steven Rosansky Council Member Webb - Steven Rosansky Council Member Adams - Steven Rosansky Mayor Bromberg - Steven Rosansky City Clerk Harkless announced that Steven Rosansky is the newly appointed District 2 Council Member. 3. ADMINISTRATION OF OATH OF OFFICE. City Clerk Harkless called newly appointed Council Member Rosansky forward and administered the Oath of Office prescribed in the State Constitution. Council Member Rosansky signed the Oath of Office and took his seat at the Council dais. E. PUBLIC COMMENTS — None. Council Member Adams asked if motions for reconsideration should be brought up tonight. City Attorney Burnham indicated that he is not sure if Council policy references motions for reconsideration during special meetings. He received clarification from City Clerk Harkless that tonight's meeting is an adjourned regular meeting, not a special meeting. Motion by Mayor Brombere to add Motions for Reconsideration to the agenda. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None F. MOTION FOR RECONSIDERATION Council Member Heffernan indicated that he would like the October 14, 2003 Volume 56 - Page 462 City of Newport Beach Adjourned Regular Meeting October 21, 2003 public hearing item to be reconsidered relative to the Tabak residence (3431 Ocean Boulevard). He reported that Council voted to revoke the modification and confirmed the denial of the variance. He proposed that Council consider upholding the decision of the Planning Commission which denied the variance and approved the modification. Council Member Adams requested and received confirmation from Mayor Bromberg that Council Member Heffernan voted on the prevailing side. City Attorney Burnham believed that this should be discussed when the property owner is notified. Mayor Bromberg requested that this item be placed on the October 28 agenda. Motion by Mavor Pro Tern Ridaewav to reconsider the October 14, 2003 public hearing revocation regarding the Tabak residence located at 3431 Ocean Boulevard [Variance No. 2003 -005 and amendment to Modification Permit No. 2002 -049 (PA2003 -180)] at the October 28 Council meeting so Council could consider upholding the decision of the Planning Commission which denied the variance and approved the modification, rather than deny both the variance and modification. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None G. ADJOURNMENT - at 9:35 p.m in honor of the six applicants. The agenda for the Adjourned Regular Meeting was posted on October 17, 2003, 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 56 - Page 463 INDEX CITY OF NEWPORT BEACH City Council Minutes Study Session October 28, 2003 - 5:00 p.m. ROLL CALL Present: Heffernan, Rosansky (arrived at 5:25 p.m.), Ridgeway, Webb, Nichols, Mayor Bromberg Absent: Adams (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Heffernan announced that he will be pulling Item 4 (Council Policy H -1) tonight because it should receive more public exposure. 2. RECREATIONAL OPPORTUNITIES AND PROJECTS AT OR NEAR CRYSTAL COVE STATE PARK. Assistant City Manager Kiff utilized a PowerPoint presentation and stated that there are experts in the audience, including Rich Rozzelle and Ken Kramer of the California Department of State Parks. He reported that Crystal Cove State Park is administered by the California Department of Parks and Recreation, is about 2,700 acres with 3.5 miles of beach, is home to one of the State's only underwater parks, and about 20% of it is partially within the City's limit. He displayed a map of the project in relation to the City limit and the four projects to be discussed. In response to Mayor Pro Tem Ridgeway's question regarding parking, Mr. Kiff reported that people do park at the end of Newport Coast Drive; however, parking is also available in the Los Trances lot near El Morro and at the Reef Point parking lot which is within the City. Mr. Kiff reported that the Morro Ridge Trail Link opened on Monday, October 20, and allows hiking and mountain bike access into the Laguna Coast Wilderness Park and Crystal Cove State Park. He stated that it is open only on the weekends and will later have access into Bommer Canyon in Irvine. Mr. Kiff reported that the Planning Area No. 6 Park will be the last park built in Newport Coast and will be built to coincide with the conclusion of its build -out. He stated that A will be a public park, will be run by the City, and will have two ball fields and up to three soccer fields. He indicated that the park will have trailhead access into Crystal Cove State Park and the Morro Ridge Trail Link. He reported that The Irvine Company is doing all the planning and noted that the park will be paid for with existing assessment district money. Council Member Heffernan asked how the Planning Area No. 6 Park differs from the Ridge Park at San Joaquin Hills and Newport Coast Drive. Mr. Kiff reported that Newport Coast parks were constructed with developer fee exactions and The Irvine Company applied an irrevocable offer of dedication on the parks. He added that the homeowner associations are allowed to keep the Volume 56 - Page 464 M017D/1 Recreational Opportunities/ Crystal Cove State Park (62) City of Newport Beach Study Session Minutes October 28, 2003 INDEX parks private because they are currently funding its maintenance. Mr. Kiff reported that the Crystal Cove Historic District has 46 cottages on the National Register of Historic Places. He stated that the Preservation and Public Use Plan has been adopted and approved by the Recreation Commission to restore the cottages so that 31 of them can be used for individual overnight rentals and three for dormitory uses. He indicated that the remaining cottages can be used as a common area, housing for Crystal Cove State Park staff, small conference sites, orientation area, docent facility, park management, and a lifeguard substation. He stated that this project will initially cost $12.1 million and is fully funded under Proposition 40 and the Coastal Commission. He indicated that estimated occupancy will occur during winter 2004 -2005. He believed that the cottages will be parceled out on a lottery system since the rental rates will be relatively inexpensive. Mr. Kiff reported that the El Morro Village Mobile Home Park is out of the City's limit, there are 294 coaches, they have been operating under a 20 -year lease, and received a five -year extension that expires on December 31, 2004. He stated that the proposed reuse plan would remove all the mobile homes and replace them with open beachfront, overnight camping, restored water course and habitat, parking, and an amphitheater. He indicated that this project is fully funded by Proposition 12 ($12.9 million) and construction will begin as soon as the facility is vacated. Mr. Kiff also displayed an overview of the El Morro Public Use Plan. He stated that Friends of the Newport Coast asked Council to take a position supporting this plan. He noted that other supporters include Surfrider, the Orange County CoastKeeper, and other environmental/public access groups. He stated that opponents include the residents of the mobile home park and others concerned about placing camping facilities near El Morro School. Mr. Kiff stated that the City should care aboui this plan ,because it is about a quarter mile from City limits, it increases parking and visitor access to the Crystal Cove State Park and beaches, and Newport Beach children attend El Morro School. Mr. Kiff reported that more information can be found at www uarks.ca.eov, www.crystalcoN,e. net, and www.crvstalcovestatenark.com. In response to Council questions, Mr. Kiff displayed Laguna Beach's sphere of influence and the school's boundary. He noted that neither cities nor the Local Agency Formation Commission (LAFCO) have authority over school district boundaries, and added that they were set years ago before the development was approved. He reported that the developer, The Irvine Company, was asked to contribute money to the El Morro School. Nancy Gardner, Newport Beach Chapter of Surfrider, stated that they support the park plan. She noted that this is a State park and access is very important. She stated that there is nothing more dampening to visitors that are not familiar with the area then to have private residences there. She indicated that she was part of a visioning process for the State parks and one of the points that was made by the ethnic groups is that they felt hesitant about coming to State parks. She reported that she took a group of at -risk kids on a hike at Crystal Cove and told them that everything they see is theirs and hers because they are a part of the State. She stated that their faces lit up. Volume 56 - Page 465 City of Newport Beach Study Session Minutes October 28, 2003 INDEX Mayor Pro Tern Ridgeway asked what position Laguna Beach has taken regarding the El Morro Village plan. Mr. Kiff indicated that he does not believe they have taken a formal position, noting that they discussed doing so earlier in the spring /summer but it was tabled. He added that the City and Laguna Beach would probably be the only cities to consider taking a position. Iryne Black, Stop Polluting Our Newport (SPON), read a resolution that SPON passed on August 25 which supports the State plan. She indicated that she takes walks in Crystal Cove three times a week. She stated that she understands the City's feelings about jurisdiction, but feels that the City' should pass a resolution since it will be helpful to everyone concerned. Allan Beek, Friends of the Irvine Coast, stated that Council has received correspondence which outlines their history of protecting the coast. He reported that they would like to see the land that has been a public park for 25 years available to the public. He stated that the only substantial argument made against the park development is that it would not be safe to have the park adjacent to a grammar school. However, he reported that San Clemente Concordia Elementary School has been next to a State park for 20 years and the principal said there has never been a problem. He noted that the Santa Ana Register reported on October 9, 2003 that the Laguna Beach Police arrested someone on drug charges who lived at the El Morro Mobile Home Park. Laura Davak, Crystal Cove Alliance, expresaed their support for the completion of the Public Use Plan for the Crystal Cove State Park- Further, they support having the campsites and the RV park.' She believed that it is time that the property is opened up to the public and urged Council to support this. Fern Pirkle, League of Women Voters, `'.stated that they sent Council correspondence today-and believed that the public'deserves the right to go to the beach and the campground after 26 years. She indicated that the only way to go to the beach now is to walk along the rocks because there is currently no place to park. She believed that this plan would relieve pressures on the City since there will be more pbices for peop to go to the beach and there will be a place to go camping overnight ` She stated; that,: since this is a State park, the City should not be too concerned with Laguna Beach's interest because it shouldn't be any more than the City's. In responserrto Mayor Pin Tern Ridgeway's questions, Ms. Pirkle stated that a couple of Laguna Beach council members think it's a good idea to have low -cost housing there since ihe tenants have promised to build it for the people of Laguna Beach:. Further, a lot of prominent people have also supported having 50 low -cost housing units there. She reported that she does not believe that enough Laguna Beach council members are convinced that this makes sense. Jeannette Merrilees, Sierra Club, stated that they organized the campaign against building the resort in the Historic District. She reported that this part of the park has been designed since 1982 when the park department held meetings to come up with a general plan that included the Historic District and the El Morro Village. She stated that the Sierra Club Task Force has turned its attention to El Morro and read their purpose which includes converting the El Morro Mobile Home Park into a public use area. Ms. Merrilees noted that she is a 30 year resident of Laguna Beach and that the parents who live at the mobile Volume 56 - Page 466 City of Newport Beach Study Session Minutes October 28, 2003 INDEX home park spearheaded a movement about three years ago for the El Morro School PTA to oppose the conversion to public use. She stated that they carried the campaign to the school board and tried to get other PTAs to join them, but this did not happen. She reported that the school board is no longer opposed to the camp area next to the school. Ms. Merrilees believed that no position has been taken by the Laguna Beach city council because there was so much controversy that they took it off their agenda. Sandy Cooney, El Morro Community Association, stated that he is an E1 Morro Village resident but grew up in Eastbluff. He noted that the plan would -place an RV camp next to an elementary school and an amphitheater and campfire center at the heart of where the Laguna Beach fires occurred. On behalf of the 300+ families that live in the village, he asked that Council take no position or join the association in supporting a lease extension. He stated that the village is an affordable community made up of young couples, senior citizens, and families. Further, it is a close knit family and is a good neighbor to its surrounding cities. He stated that the village has supported the elementary school and, even though they occupy only about 1% of the 2,791 acres, they generate more than $1.3 million annually in profit for California and believed that they would generate considerably more in an era of deficit. He stated that, for nearly 80 years, El Morro Village has been an important economic contributor to Newport Beach and Laguna Beach. He believed that the State's current plan is as unsafe and socially; irresponsible as it is economically unsound. Mr. Cooney reported that they bring kids every summer to the beach who would normally not have the opportunity through events called "Great Day At the Beach ". He noted that the beach, canyons, and bills are already open to the public. In response to Council Member Webb's questions, Mr. Cooney stated that there are about 50 parking spots inside El Morro on.the inland side, and reported that they have put up signs to encourage the public to park there but the State had them take the signs down. He indicated that, other than that, there is the reef point parking which is about a half mile away. He stated that there has always been ways to access the beach and that he would not characterize the parking situation as "difficult'. He indicated that, if people have special needs, they have accommodated them to the extent they could. Helen Dinkens stated that she agrees with everyone except the last speaker. She indicated that sheis tired of hearing the fears about having RVs or tent campers next to the elementary school, noting that children have been touring San Clemente State Park for years and there has never been a problem. She believed that the City has every right to take a position on this and hoped that Council is in favor of the plan to open the area to the public. Mayor Bromberg noted that staffs recommendation is to receive and file the report; however, Council can give staff direction to prepare a resolution. Mayor Pro Tem Ridgeway stated that he lived in one of the beach trailers on the weekends in the early 1970s. He indicated that he is troubled with the jurisdictional issues with Laguna Beach and the park's sphere of influence. He reported that the State purchased Crystal Cove in the late 1970s or early 1980s, they own the land where the mobile home park sits, and created the plan that is before Council in 1982. From a real property perspective, he stated that he has Volume 56 - Page 467 City of Newport Beach Study Session Minutes October 28, 2003 INDEX to respect that this belongs to the State and there was an agreement for an extension of the leases until December 31, 2004. He noted that he believes in the integrity of contracts and there is an obligation for the people who currently live there to leave. He indicated that he doesn't want to get into the issue of a State park and its ultimate use because he wants to respect that Laguna Beach will do the right thing. Mayor Pro Tem Ridgeway stated that he is the chairman of the City's Local Coastal Plan (LCP) Committee and they are working hard to incorporate public access and recreational elements into the City's beaches. Regarding the plan that was approved in 1982, he asked if the people really need a resolution from the City since there are agreements with the mobile home park tenants and the land is owned by the State. Council Member Webb agreed with Mayor Pro Tem Ridgeway and feels that he would support the State plan regarding the mobile home park. However, he expressed his concern about the City taking a position on something that is in the sphere of influence of another city. He noted that'the City has been in.a similar situation with the Santa Ana Heights annexation and Costa Mesa. He stated that the City can reconsider its position about adopting a resolution if Laguna Beach adopts something that the City could support. Council Member Heffernan stated that, since the City's beaches are overcrowded and this is part of the State beach system, he would be in.favor of the City generating a resolution that supports the State plan. He indicated that he believes in the enforceability of a contract, but noted that a City,resolution could also be used by the proponents of the plan to reinforce it. H_6 believed that one of the things that is incumbent on the City is to expand upon the available recreational facilities that are adjacent to or in the City He added that this would be a good asset for the City Council Member Nichols stated that he supports moving forward with the park, but does not believe this is a location for Laguna Beach's affordable housing. He noted that the City has a good portion of the park within its boundary and the only attachment for Laguna Beach is the peninsula going out to the school. He stated that he does not see Laguna Beach's sphere of influence being closer than the City's, so he' does not see why the City should not take a position. He added that be does not have a problem, with the State developing the area as a park. Council Member RosanAy stated that he has hiked through the park and is aware that there is a lack of camping facilities. He indicated that he would be in favor of pin46ing the,Siate plan, but wonders whether it is appropriate for the City at this time to express an official opinion. He encouraged the residents of the City to be ac in the project and its development. He suggested that the City request that tive the State keep them informed on the project's progress. Mayor Bromberg stated that he is hearing a lot of support for the State plan, but has a sense that the plan might change once the new governor takes office. He pointed out that, until it is determined what will be on the Marinapark site, the City is giving short lease extensions so income and revenue keep flowing, He indicated that he would be supportive of the current State plan, but would also support maintaining some form of lease extension until it is determined what will happen there. He believed that Council should weigh in and take a position because it is only a quarter mile from the City. He added that he does not feel the City would be stepping on anyone's toes if Laguna Beach has determined Volume 56 - Page 468 City of Newport Beach Study Session Minutes October 28, 2003 that it does not want to take a position. He believed that, if the City takes an advisory position, it sends a message that the park needs to be open to the public. He noted that this issue will come back on an agenda if Council decides to adopt a resolution. He agreed that the City will not support putting affordable housing on the beach. Mayor Bromberg suggested taking a straw vote on the issue. Mayor Pro Tem Ridgeway stated that he supports the State plan, it has been approved, and noted that the plan has a certified Environmental Impact Report (EIR). He indicated that he would like to defer this for six months to see what Laguna Beach does. He believed that, if Laguna Beach does not do anything, 'it is appropriate for the City to weigh in via a resolution. He indicated that the City should talk to Laguna Beach and let them know that this Council has been requested to adopt a resolution, but deferred doing this. He emphasized that this is not difficult for him to support since it opens the area up to the citizens of the State. He stated that he does not support having affordable housing there, noting that he is the chair of the City's Affordable Housing Task Force. Mayor Bromberg stated that he is not hearing strong feelings from Council one way or the other, which tells him that this issue should come back. He indicated that the City should communicate with Laguna Beach in the meantime, adding that this does not need to come back in two weeks. PUBLIC COMMENTS - None. ADJOURNMENT - at 6:10 p.m The agenda for the Study Session was posted on October 22, 2003, at 2:40 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 56 - Page 469 INDEX CITY OF NEWPORT BEACH City Council Minutes D Regular Meeting October 28, 2003 - 7:00 p.m Apr INDEX — 5:00 p.m CLOSED SESSION — Cancelled e,rkseexteeeexteeeee A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Rosansky, Ridgeway, Webb, Nichols, Mayor Bromberg Absent: Adams (excused) C. CLOSED SESSION REPORT — None D. PLEDGE OF ALLEGIANCE — Council Member Rosansky E. INVOCATION — Council Member Webb F. PRESENTATIONS Fire Chief Riley stated that the City of Newport Beach, as part of the California Mutual Aid System, has sent resources to some of the fires burning in Southern California. Currently, three four- person fire engine crews and one two - person battalion chief unit are out at three different fires, and are a part of the fifteen strike teams from Orange County. He noted that daily staffing levels are also being maintained within the County. Fire Chief Riley announced that the three main fires still burning are the Old Fire in San Bernardino County, the Cedar Fire in San Diego County and the Simi Fire in Ventura County, and stated that they are continuing to get worse with no projection on when containment will be achieved. Fire Chief Riley reported that City personnel have also inspected and are maintaining surveillance of the wild land areas within the City. Lastly, he expressed his pride in the success of the fuel modification program in the Newport Coast area, and stated that he will now be focusing on improving the conditions in the Buck Gully and Morning Canyon areas. Council Member Heffernan complimented Fire Chief Riley on getting the homeowner associations in the Newport Coast area to cooperate. Council Member Nichols offered to help in any way he could with the Buck Gully and Morning Canyon areas, noting that they are within his district. Mayor Bromberg acknowledged the efforts of the fire department in fighting the Laguna Fire, which occurred in October of 1993. Volume 56 - Page 470 City of Newport Beach Regular Meeting October 28, 2003 INDEX City Manager Bludau announced that City employees are organizing a collection drive to receive items for the victims of the fires. City Attorney Burnham complimented Administrative Assistant Alcarez and Department Assistant Poole in the City Attorney's office for initiating the outreach. Items should be brought to City Hall. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIFE PLACED ON A FUTURE AGENDA FOR DISCUSSION• ACTION OR REPORT (NON- DISCUSSION ITEM): • Council Member Rosansky requested that a report be provided to the City Council regarding the feasibility of a toxic waste program for household items, as well as a large item pickup program. City Manager Bludau stated that the report would be presented at a future Study Session. • Council Member Heffernan referred to a letter from the City of Costa Mesa opposing the City of Newport Beach's annexation of a portion of Santa Ana Heights, and requested that a report be provided to the City Council regarding the current status of the annexation and what the letter from the City of Costa Mesa means. • Council Member Heffernan referred to an OASIS Senior Center's memorandum of understanding, and also asked for an explanation of what it means and what the City's operation of the facility would be. • Council Member Heffernan requested that a report be provided to the City Council on the status of the rewrite of the cable franchise agreements with Cox and Adelphia. City Manager Bludau announced that he and Assistant City Manager Kiff would be meeting with the Costa Mesa City Manager on October 30, 2003, to explore the annexation situation. He stated that he would report back to the City Council, as requested by Council Member Heffernan. Mayor Bromberg announced that Coastal Commission staff has made a recommendation for approval of the Lower Bayview senior housing project, and that the Coastal Commission hearing will take place on November 5, 2003. He stated that the project to be considered will consist of 120 units, an expanded retention basin and two buildings. He stated that the project will still be a good one and that the City may have avoided a prevailing wage situation. I. CONSENT CALENDAR READING OF MINUTES✓ORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar by a member of the audience. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading Volume 56 - Page 471 City of Newport Beach Regular Meeting October 28, 2005 in tull of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOL UTION FOR_ADOPTION 3. Item removed from the Consent Calendar by Council Member Heffernan. MISCELLANEOUS ACTIONS 4. Item removed from the Consent Calendar by Council Member Heffernan. 5. BUDGET AMENDMENT - CALIFORNIA SEAT BELT COMPLIANCE CAMPAIGN PROGRAM - FISCAL YEAR 2005/2004. Accept the Office of Traffic Safety Grant and approve a budget amendment (BA -012) of $9,226 for the Police Department in fiscal year 2003/2004, to fund additional seat belt enforcement as a part of the California Seat Belt Compliance Program. S9. Item removed from the Consent Calendar by Council Member Nichols. S10. Item removed from the Consent Calendar by Council Member Nichols. Motion by Mayor Pro Tern Rideewav to approve the Consent Calendar, except for those items removed (1, 3, 4, S9 and S10). The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF OCTOBER 14, 2003. Regarding the comments he made during Item No. 8 of the regular meeting minutes, Jim Hildreth stated that he also mentioned that the Edison Company was removing liquid out of the vaults, and that this should be included in the minutes. Additionally, he stated that during Item No. 10, the comment made by the City Manager about tree trimming bills was not true. Referring to the comments made by Council Member Heffernan during Public Comments, Mr. Hildreth stated that he appreciates being allowed to speak during Public Comments. Motion by Mavor Pro Tern Rideewav to waive reading of subject minutes, approve as written and order filed. Volume 56 - Page 472 INDEX BA -012 Seat Belt Compliance Campaign (40/70) City of Newport Beach Regular Meeting October 28, 2003 Ri! 4. Mayor Pro Tem Ridgeway noted Mr. Hildreth's disrespect for the community by focusing on minor items dealing with himself, but has the right to speak. Mayor Bromberg again apologized to the citizenry for Mr. Hildreth's actions. The motion carried by the following roll call vote: Ayes: Heffernan, Webb, Nichols, Mayor Bromberg Noes: None Abstain: Rosansky, Ridgeway Absent: Adams CITY COUNCIL SUPPORT FOR A STATEWIDE INITIATIVE REQUIRING VOTER APPROVAL PRIOR TO THE STATE DIVERTING LOCAL REVENUES. Council Member Heffernan expressed his concern for the support by the voters in the State to cut the car tax. He stated that this would hurt cities and not the State, and would result in the City of Newport Beach losing $3 million. Secondly, Council Member Heffernan also expressed his concern for the problem with the amount of the State's money that's being tampered with and stated that the initiative appears to further hamstring the legislative component of the State. City Manager Bludau stated that the initiative is telling the State to leave city and county revenues alone, and to not use the money for State purposes. Mayor Bromberg noted that if the Vehicle License Fee (VLF) is cut back, the State intends to continue to backfill the money that is owed to the cities. He confirmed with the City Manager that the City has budgeted for the loss of the VLF. Council Member Heffernan further confirmed that the initiative is requiring voter approval of future action by the State to take revenues from the cities. Motion by Mavor Pro Tem Ridgeway to adopt Resolution No. 2003 -53 supporting a statewide ballot initiative to require voter approval before state government may take local revenue. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams REVISIONS TO THE CITY COUNCIL POLICY MANUAL, H -1, Volume 56 - Page 473 INDEX Res 2003 -53 State Ballot Initiative Support (40/48) Council Policy H -1 City of Newport Beach Regular Meeting October 28, 2003 HARBOR PERMIT POLICIES, SECTIONS, "BALBOA ISLAND" AND °MOORINGS". Assistant City Manager Kiff stated that the revisions are at the recommendation of the Harbor Commission, and noted that the same issues were also discussed by the Harbor Committee prior to the establishment of the Harbor Commission. Assistant City Manager Kiff stated that the issues are primarily associated with Balboa Island and, referring to the staff report, he highlighted the three main changes. He stated that the change to the moorings is to insure that there is adequate navigation. The second change more clearly states an existing policy regarding new residential piers, and the third change adds a noticing requirement for pier remodels. Referring to the moorings, Council Member Heffernan asked if the distance that a boat can extend into the channel is also limited by the width of the beam of the boat. Harbor Resources Manager Rossmiller answered in the affirmative. Council Member Heffernan suggested that the policy be revised to limit the extension of a boat to the width of the beam of the boat or to more than 15 feet bayward, whichever is less. He asked if the Harbor Commission addressed the issue. City Attorney Burnham stated that he didn't think the Harbor Commission had considered the additional language, or the possibility of side ties. He agreed that it seemed reasonable. Mayor Pro Tem Ridgeway stated that side ties exist in the channel, but that he doesn't have a problem with adding the language. He stated that the waterway should possibly be more than 70 feet wide by moving the mooring line out, and asked if this would prompt a reconsideration of the 15 -foot requirement. Mayor Pro Tern Ridgeway agreed with the recommended language. Council Member Webb stated that the policy in the past has not allowed a boat to extend beyond the end of the pierhead line, or farther than the width of the beam. Mayor Bromberg stated that the ordinance to limit the size of a boat that can be berthed on Balboa Island came about a couple of years ago due to a particular boat. He stated that the Harbor Committee and Harbor Commission have done a fantastic job at developing a policy. He also agreed with Council Member Heffernan's suggested language. Motion by Council Member Heffernan to amend Council Policy H -1 as recommended and to add "or the width of the beam, whichever length is less" to the end of paragraph B under Moorings. Jim Hildreth stated that the item has nothing to do with the Grand Canal because the Grand Canal is not bayward. Mayor Bromberg requested that Mr. Hildreth direct his comments to the issue before the City Council. Mr. Hildreth stated that other locations, side ties and shore moorings on Balboa Island should also be considered Volume 56 - Page 474 ` ll►01 Harbor Permits (69) City of Newport Beach Regular Meeting October 28, 2003 in the policy. Dolores Otting asked if the revision suggested by Council Member Heffernan is substantive and would require additional review. City Attorney Burnham stated that there is no requirement for the item to return to the Harbor Commission. Mayor Bromberg acknowledged the efforts of the Harbor Commission and the Harbor Committee. Additionally, he noted that since 1964, only two new piers have been added to Balboa Island. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams S9. TABAK RESIDENCE, 3431 OCEAN BOULEVARD, VARIANCE NO. 2003 -005 AND AMENDMENT TO MODIFICATION PERMIT NO. 2002 -049 (PA2003 -180). Council Member Nichols stated that he doesn't have a problem with the item being continued, and asked that information on the size of retaining walls be provided. Motion by Mayor Pro Tern Ridgeway to continue the item to November 12, 2003. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams S10. INITIATION OF A CODE AMENDMENT TO TITLE 20 OF THE MUNICIPAL CODE TO ADD A SPECIFIC HEIGHT LIMITATION FOR LANDMARK BUILDINGS. Council Member Nichols stated that he didn't know why the issue was being addressed and that it appears that the requirement that a landmark building be used in the same general context as it was is being lost. Council Member Heffernan asked for a simple explanation of the action. Assistant City Manager Wood stated that the item is only dealing with the height restrictions of the buildings, and that the City Council already made a decision on the use of the buildings. Council Member Heffernan asked why the height issue wasn't addressed at the same time. Assistant Volume 56 - Page 475 INDEX Tabak Residence/ 3431 Ocean Blvd. (68) Res 2003 -54 NBMC Title 20/ Landmark Buildings (68) City of Newport Beach Regular Meeting October 28, 2003 ezyol 1 City Manager Wood stated that since then, it has been found that the buildings are having trouble meeting other Federal and State requirements. Motion by Mayor Pro Tern Rideeway to adopt Resolution No. 2003 -54 initiating an amendment to Title 20 of the municipal code. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Ridgeway, Webb, Mayor Bromberg Noes: Nichols Abstain: None Absent: Adams K. PUBLIC COMMENTS Mayor Bromberg requested that an announcement be added to the City Council meeting procedures to remind attendees at the beginning of each meeting to turn off their cell phones and pagers, or put them on silent. Jim Hildreth stated that he is not a threat to the City Council or the City, and that he does not attend City Council meetings for the attention. He stated that he is present to seek access to a location which he should have, and stated that former City employee Tony Melum lied by stating that, prior to 1994, the location was not classified as a pier permitted location. Council Member Heffernan stated that Mr. Hildreth's comments are non - privileged and he could be sued for slander. He asked Mr. Hildreth if he knew what he was saying when he calls someone a liar. Mr. Hildreth stated that he has documentation to prove it. Council Member Heffernan reminded Mr. Hildreth that he has to bear the consequences of what he says. Mr. Hildreth stated that he has asked the City Council to look into the matter, documents have been hidden from him and he has been stonewalled in trying to find the evidence. Mayor Bromberg stated that Mr. Hildreth should be ashamed of himself, that he attends every City Council meeting and has been told repeatedly that there are no records. Mayor Bromberg stated that Mr. Hildreth has taken his comments to a lower level by slandering good people. Michael Bacus corrected the minutes of October 14, 2003, by stating that the address of the Narc -anon business is 1810 West Oceanfront and 1811 West Balboa Boulevard, not 1812 West Balboa Boulevard, and the business license number begins with a `B ", not a "V". Mr. Bacus stated that the large residential treatment facility for drug and alcohol abusers brings a lot of activity with it, and noted that the other day he discovered that they were kicking some of the people out, which he found out later was due to an unannounced raid by the State to check their occupancy. He stated that the facility is certified for 27 people on their certificate of occupancy, but the State shows them licensed for 32 people. Mr. Bacus stated that by forcing them to apply for a new certificate of occupancy, Volume 56 -Page 476 City of Newport Beach Regular Meeting October 28, 2003 IILl"I could shut the business down. City Manager Bludau stated that staff is looking into the situation and should have a report for the City Council on November 12, 2003. City Attorney Burnham stated that the report will most likely recommend an initiation of an amendment to the zoning ordinance. Mayor Pro Tem Ridgeway stated that the intent of the City will be to limit the occupancy to 12. Council Member Nichols began asking how the business's facilities are situated. Mayor Bromberg cautioned the council members that since the item is not agendized and could come before the City Council in the future for action, it shouldn't be discussed at the current meeting. Dr. Linda Orozco stated that she also has concerns about the Narc -anon business, and noted that many of the people are convicted drug addicts and pushers, and are court - ordered to be at the facility. She stated that the only access to the property is from an alley. Dr. Orozco stated that although the business is State regulated, the City still has authority over the zoning. She noted that recently she submitted a complaint to the fire marshal and within four hours, the State performed an unannounced raid of the site. As mentioned earlier by Mr. Bacus, Dr. Orozco wanted to know how the facility personnel knew of the raid prior to it happening. Dr. Orozco stated that the business has expanded beyond its nonconforming use and the City should require that they apply for a new zoning permit. Mayor Bromberg assured the speakers that their comments are being taken seriously and the City is looking into the matter. Mayor Pro Tem Ridgeway also confirmed that the City is moving forward as quickly as possible with an ordinance. Dolores Otting asked if there was a meeting scheduled for October 29, 2003, with Sutherland -Talla. Assistant City Manager Wood announced that a scoping session to discuss the contents of the Environmental Impact Report (EIR) is scheduled for 7:00 p.m. in the Council Chambers. Additionally, Ms. Otting expressed her understanding of the frustration regarding the Narc -anon business, because she is experiencing the same situation with a facility that is State licensed and resides within the City. Ms. Otting stated that she missed speaking on Item No. 3 earlier in the meeting and began to proceed with her comments. City Attorney Burnham reminded Ms. Otting that Public Comments are for non - agenda items only. Laura Dietz stated that the City should have a general City -wide siren that could be used to warn the public, in the event of a local emergency. She stated that the City of Laguna Beach has one and suggested that Newport Beach also look into it. Volume 56 - Page 477 City of Newport Beach Regular Meeting October 28, 2003 INDEX • Madelene Arakelian stated that the residents on the ocean side of the peninsula are encroaching onto public property. She asked if they were being taxed. City Attorney Burnham stated that the City does have an oceanfront encroachment policy, but that actual property tax is not collected. Ms. Arakelian suggested that the City pursue the possibility of receiving revenue from the encroachments. City Attorney Burnham suggested that Ms. Arakelian provide the City with the addresses of those encroaching. Mayor Pro Tern Ridgeway stated that he's seen some irrigation systems. Ms. Arakelian stated that there is also landscaping and lawns on public property. • Referring to his comments earlier to Mr. Hildreth, Council Member Heffernan stated that he has been informed by the City Attorney that speakers' comments are privileged. City Attorney Burnham added that testimony taken during any kind of formal proceeding is privileged. Council Member Heffernan apologized to Mr. Hildreth. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report — Ad Hoc General Plan Update Committee (GPUC). Mayor Bromberg reported that a meeting had not been held since the last report. He added, however, that there are four vacancies on the General Plan Advisory Committee (GPAC) and requested that the GPUC members submit recommendations to Assistant City Manager Wood. Status report — Local Coastal Program (LCP) Certification Committee. Mayor Pro Tern Ridgeway reported that the LCP Committee met earlier in the day. He stated that they incorporated comments from Coastal Commission staff into the LCP document, and that a draft should be available soon for review. Status report — Newport Coast Advisory Committee (NCAC). Council Member Heffernan announced that the NCAC will meet on November 3, 2003, at 5:30 p.m. at Newport Coast Elementary School. Status report — Mariners Joint Use Library Ad Hoe Steering Committee. Council Member Webb announced that the committee met on October 22, 2003, and potentially solved the issues associated with the various types of book collections, and what would be available on the school side of the library and the public side during the school day. He stated that the ultimate goal is to have the library completed by the Summer of 2005. Mayor Pro Tern Ridgeway complimented the City's Librarian and the Newport - Mesa Unified School District for discussing the operations of the library with the parents and working on a compromise. Status report — Other Committee Activities. Council Member Nichols announced that the Environmental Quality Affairs Citizens Advisory Committee (EQAC) has some openings. Assistant City Manager Wood reported that there are two vacancies. Both are at -large appointments, with one needed from Volume 56 - Page 478 City of Newport Beach Regular Meeting October 28, 2003 District 1 and the other from District 6. Council Member Nichols stated that there are some large projects coming up and that the committee serves an important function. Mayor Bromberg requested that at the City Council meeting of November 12, 2003, an item be placed on the Consent Calendar for his appointment of Council Member Rosansky to serve on all of the committees that former Council Member Proctor served on. He stated that this would be with the exception of the Airport Issues Committee, which he had already appointed himself to. He also stated that Council Member Rosansky could begin attending any of the meetings prior to the 12th. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT N. 6. PLANNING COMMISSION AGENDA FOR OCTOBER 23, 2003. Assistant City Manager Wood reported that the Planning Commission dealt with two interesting items at their meeting. The first item involved an office development at Birch Bayview Plaza II in the newly annexed Santa Ana Heights area. She stated that this was the first project handled by the Planning Commission using the Santa Ana Heights Specific Plan. She reported that the project was approved. Assistant City Manager Wood stated that the second item involved a demolition and replacement of the service station at 301 East Coast Highway. She stated that this was the first time the Planning Commission reviewed a project using the City's service station standards. She stated that the item was continued to December 4, 2003. Mayor Pro Tem Ridgeway asked if design review was considered when discussing the service station, and Assistant City Manager Wood responded in the affirmative and stated that the Planning Commission covered it in detail. VESSEL BERTHING AND THE UNIFORM FIRE CODE; CONTRACT AWARD AND BUDGET AMENDMENT FOR COMMERCIAL DOCK STANDARDS PROJECT. Assistant City Manager Kiff stated that an action plan has been recommended by the Harbor Commission to deal with the excessive amount of violations of the Fire Code in the harbor. He stated that they primarily involve boats rafted to others, and boats that can't be moved from a dock area without moving another boat. He highlighted the key elements of the action plan and stated that the goal is to bring all of the commercial facilities into compliance within one year. Assistant City Manager Kiff stated that staff is recommending that the City Council approve the action plan and authorize the City Manager to enter into a contract that will allow the City to expedite a review of the standards for commercial docks. Volume 56 - Page 479 INDEX Planning Commission (68) BA -013 Vessel Berthing/ Uniform Fire Code (40/41) City of Newport Beach Regular Meeting October 28, 2003 INDEX Mayor Bromberg stated that he's heard concerns about the rules being applied the same for everybody with no deviation. He asked if special circumstances would apply to such businesses as the boat rental companies. Fire Chief Riley stated that boat rentals provide an example of when special circumstances might be considered. He stated that the goal is to maintain a safe harbor environment as it pertains to fire issues, but by applying the Fire Code in a practical manner. Fire Chief Riley stated that creative ways can be found to comply with the Fire Code, while decreasing the impact on the businesses. Mayor Bromberg reiterated that the City is committed to working with the businesses, but without compromising safety. Fire Chief Riley added that it is in the fire department's best interest to have the success of the businesses continue. Mayor Pro Tem Ridgeway stated that the boat rental companies might have to consider dock reconfigurations to allow the boats to be docked with the bow in. Fire Chief Riley stated that staff will be going out to each of the permittees and working with them on solutions for their particular problems. Secondly, Mayor Pro Tem Ridgeway referred to a letter he received regarding regattas, and stated that Newport Harbor is a major center for sailboat racing. He stated that he'd like to see creative solutions also worked on for the sailboat regattas since they are such an important part of the economy. Lastly, Mayor Pro Tem Ridgeway hoped that there would also be a way to work with the yacht brokers. Fire Chief Riley stated that regattas and boat shows can be handled through the City's special event process, which has worked well in dealing with temporary activities. He stated that working with the yacht brokers will be challenging because they have large boats and need to have them accessible to try to enhance sales. Mayor Bromberg encouraged staff to also work with the yacht clubs and the marine division of the Newport Beach Chamber of Commerce. Noting that the Sheriffs Department operates the fire boats and the City's fire department operates the fire trucks, Council Member Heffernan asked if the City should also consider operating the boats. Fire Chief Riley stated that there is more involved than just switching over the operation. He added that the City does have the jurisdiction over the boats that are tied to something that's tied to the shore and they will continue to work with the Harbor Patrol as it relates to fire protection. City Attorney Burnham stated that the discussion is going outside of the boundaries of the agenda item. Council Member Heffernan stated that if fire fighting takes place from the water, the City Council needs more information to make a decision on some far ranging regulations that will be punitive. Fire Chief Riley stated that the City's enforcement of the Fire Code and the docking provisions are based on the assumption that the City is fighting the fire from land. The Harbor Patrol's role is to fight marine related fires that are out in the water. Council Member Webb stated that another activity that the yacht clubs have that should be considered are their opening day events. Norm Rust, Lido Sailing Club, stated that he's not a yacht club or a boat Volume 56 - Page 480 City of Newport Beach Regular Meeting October 28, 2003 INDEX broker, but he does provide access to the water and has a density that is higher than is allowed. He stated that he would hope that his operation would be given special consideration because it is manned seven days a week and fighting a fire at the location would be simple. Mr. Rust noted that his company provides a nice service to a lot of visitors to the area, and that he's naturally very interested in fire safety. Mr. Rust stated that he wants to work with the City. He additionally pointed out that he has been held to a statute that requires him to have 25 parking spaces for his 25 boats, although he has more recently learned that he might only need 11 spaces. He stated that he has lost potential revenue that could have been earned by utilizing the space in a different way. In closing, Mr. Rust stated that he is prepared to work with the City, but hopes that his situation will be given special consideration. Mayor Pro Tem Ridgeway stated that Mr. Rust might consider changing his dock configuration so that the boats can be docked straight in. Mr. Rust stated that it has been determined that he does have a good dock design. He further noted that his operation currently has only 17 boats. Ted Robinson, Larson Shipyard, stated that the requirement that prohibits the stacking of boats could be a problem for his operation and thought that special consideration might be warranted. Mr. Robinson explained that the dock configuration was based on the City standards, at the time, and the operation of his shipyard requires stacking and side ties when boats are being moved around. In regard to the brokerage side of the business, boats need to be on display. He also referenced the boats that are stored in structures and can't be moved at all, and boats that are docked next to buildings. He stated that the regulations maybe don't cover every situation, and he provided additional examples. Mayor Bromberg thanked Mr. Robinson for his comments and stated that the City will look at each circumstance. Mayor Pro Tem Ridgeway announced that he would be recusing himself from voting on the item because he just discovered that he owns one of the properties that may have a commercial permit. He left the Council Chambers for the remainder of the discussion on the item. Gary Crane, Duffy Boats, stated that he has always been concerned about safety and is willing to work with the City on the fire safety issues. He stated, however, that the requirements will be a burden and expressed his concern for the whole industry. He stated that he hopes that Duffy Boats will qualify for the special circumstances, and explained that he didn't know if they could continue their operation if their fleet was cut in half or they weren't allowed to use side ties when moving boats around. He stated that their staff is capable of handling the situations that might arise and that he hasn't seen the potential for fire danger that's been reported. Mr. Crane stated that his business brings revenue and tourism to the City, and provides access to the harbor. Gordon Barienbrock stated that he is against the strict enforcement of Volume 56 - Page 481 City of Newport Beach Regular Meeting October 28, 2003 Ell the provisions of the Fire Code because he doesn't feel that they would significantly reduce the risk or damage of a fire, but knows that they would have a serious adverse affect on the boat industry. Mr. Barienbrock stated that Newport has not had a fire and the examples that were cited from around the country were not the result of noncompliance. He stated that the docks in Newport Harbor comprise fairly small marinas with new boats. He noted boats and motor homes in dry storage that can't be moved. Mr. Barienbrock stated that berthed boats, even if they're rafted, can be moved, but the Fire Code shouldn't make it a requirement. Lastly, he addressed the boat dealers and stated that they need the boats close to their offices, but often can't plan on how many boats will be in their inventory. Mayor Bromberg stated that he's encouraged by the strong sense of cooperation by the vendors. He stated that it is as important to the City as it is to the business owners to see the action plan implemented. Motion by Mayor Bromberg to 1) approve the Action Plan recommended by the Newport Beach Harbor Commission; 2) authorize the City Manager to enter into a $46,000 professional services agreement with Cash and Associates to review Newport Harbor's existing commercial and residential dock standards and to update same; and 3) approve a budget amendment (BA -013) adding $46,000 to the City Manager's 0310 -8080 Account (Professional and Technical Services). The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Mayor Bromberg Noes: None Abstain: Ridgeway, Nichols Absent: Adams S. UNSCHEDULED VACANCY ON THE PARKS, BEACHES & RECREATION COMMISSION. Mayor Bromberg appointed Council Members Webb and Rosansky, and Mayor Pro Tem Ridgeway to the Ad -Hoc Appointments Committee. Motion by Council Member Webb to 1) declare a vacancy on the Parks, Beaches & Recreation Commission due to the appointment of Steven Rosansky to the District 2 City Council position; 2) confirm the Mayor's appointment of Council Members Webb and Rosansky, and Mayor Pro Tem Ridgeway to serve on the Ad -Hoc Appointments Committee; and 3) direct the City Clerk to post and publish a Special Vacancy Notice requesting that applications be submitted by 4:00 p.m. on Thursday, November 13, 2003, and schedule the submission of the nominations to the Council on November 25, 2003 with the final appointment to be made on December 9, 2003. The motion carried by the following roll call vote: Volume 56 - Page 482 INDEX Parks, Beaches & Recreation Commission Unscheduled Vacancy (24) City of Newport Beach Regular Meeting October 28, 2003 Ayes: Heffernan, Rosansky, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams Sll. DRAFT POSITION FOR FUTURE CITY COUNCIL POLICY REGARDING SANTA ANA RIVER CROSSINGS (SARX). Mayor Bromberg stated that an extensive discussion regarding this item occurred at the Study Session on October 14, 2003. City Manager Bludau stated that as the City Manager, he has been attending meetings held by the Orange County Transportation Authority (OCTA) over the past four years. He stated that the city managers from Newport Beach, Fountain Valley, Costa Mesa and Huntington Beach have attempted to reach agreement on whether the bridges should be built or if they should be removed from the OCTA transportation plan. He stated that it's been a frustrating experience and he doesn't see how progress can be made by continuing to conduct the same type of meetings. He suggested that it might be beneficial to have the parties discuss how traffic can be moved in the region, and felt that the guiding principles outlined in the staff report might be helpful. Mayor Pro Tem Ridgeway stated that he supports the recommended action. He added, however, that the approach to the issue needs to move from the staff level to a policy level, and suggested that a City Council committee be formed to meet with the policymakers in the other jurisdictions. He stated that if the policy level doesn't work, the City will need to make a decision about possibly filing a lawsuit. Mayor Pro Tem Ridgeway stated that Huntington Beach is keeping the 19th Street bridge concept alive so that they can continue to receive Measure M funding and OCTA support for their infrastructure. Mayor Bromberg agreed with the idea of forming a City Council committee. City Attorney Burnham stated that the formation of the committee should be agendized for a future City Council meeting, with a resolution clearly defining the committee's duties and responsibilities. Mayor Bromberg confirmed that it could be handled as action separate from the recommended action at the current meeting. He requested that it be agendized as a Consent Calendar item for the meeting of November 12, 2003, and that he would like to appoint Council Member Rosansky and Mayor Pro Tem Ridgeway to serve on the committee. Council Member Webb offered his assistance. Mayor Bromberg agreed that it could be a committee of three council members. He requested that Council Member Webb be included in the appointment to serve on the committee. Council Member Nichols stated that a bridge is needed, and another Volume 56 - Page 483 INDEX Santa Ana River Crossing (SARK) (61) City of Newport Beach Regular Meeting October 28, 2003 INDEX possibility might be to work with the sewage disposal districts to accomplish a connection to Brookhurst Street without using 19th Street. Assistant City Manager Wood noted that the letter received from the Environmental Quality Affairs Citizens Advisory Committee (EQAC) was incorrectly dated. It should have been dated July 21, 2001. Robert Hawkins, EQAC Chairman, stated that EQAC is a diverse group of 21 volunteers. He stated that some projects have shown the diversity of the group, but with the 19th Street bridge project, there has been virtual unanimity. He stated that the river crossing is an important regional transportation issue, and EQAC feels that the regional problem is being thrust upon the City of Newport Beach. He stated that Coast Highway cannot be enlarged without limit, and that the surrounding communities need to help bear the transportation burdens. He agreed with the recommended action. Motion by Mayor Pro Tern. Rideeway to approve the following recommendations with respect to recent efforts to delete the Garfield Avenue /Gisler Avenue and Banning Avenue /19th Street Santa Ana River crossings (SARX) from the Orange County Master Plan of Arterial Highways (MPAH): 1) reiterate and convey the City's opposition to removing the Santa Ana River crossings from the MPAH unless a reasonable and practical alternative can be established that is fair and balanced for all jurisdictions; 2) request that the Orange County Transportation Authority (OCTA) Board of Directors not certify the SARX EIR, as it does not adequately address impacts to the City of Newport Beach, recent regional land use and development actions, and a fair distribution of regional transportation responsibilities; 3) support the City of Fountain Valley in its request to proceed with the preliminary design and environmental study for the Garfield Avenue /Gisler Avenue Bridge over the Santa Ana River. Should this environmental study show the Bridge is feasible and no fatal flaws are identified, the City of Newport Beach may well want to have the same process followed for the 190 Street Bridge; 4) request OCTA revisit the SARX Environmental Impact Report (EIR) to consider impacts if Banning Ranch and its subsequent arterial roadways are not constructed; 5) request OCTA staff investigate additional alternative alignments or mitigations such as "smart street" improvements to existing SARX corridors; and 6) encourage participating jurisdictions not to assume the bridge crossings as a part of the MPAH when considering long term planning, land use, and development decisions. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams P. MOTION FOR RECONSIDERATION — None Volume 56 - Page 484 City of Newport Beach Regular Meeting October 28, 2003 Q. ADJOURNMENT - 9:30 p.m to the 4:00 p.m November 12, 2003, Study Session and the 7:00 p.m. November 12, 2003, Regular Meeting. The agenda for the Regular Meeting was posted on October 22, 2003, at 2:40 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on October 24, 2003, at 2:30 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 56 - Page 485 INDEX