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HomeMy WebLinkAbout01 - MinutesSeptember 28, 1998 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes DRAFT Adjourned Regular Meeting (Study Session) September 14, 1998 - 3:00 p.m INDE`C ROLL CALL Present: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, Mayor Edwards Absent: None CURRENT BUSINESS ORAL REPORT INTERRA PRESENTATION ON MILLENNIUM PLAN (contd. from 8/24/98). At the request of Mayor Edwards and staff, this item was continued due to proposed changes to be made to the Millennium Plan. 2. PRESENTATION OF REVISED BALBOA BAY CLUB DEVELOPMENT PLAN. Beverly Ray, Balboa Bay Club (BBC), 1221 W. Coast Highway, stated that an enormous amount of work and attention to detail went into the plans. She stated that advice and suggestions were received from the BBC Board of Governors, president, department managers, and supervisors to make certain that the members' needs were met; that a world -class hotel expert with more than 50 -years of experience and a world -class chef with 40 -years of experience are on staff to assist with the redevelopment; that the President of IBC David Wooten and the Chief Financial Officer Jerry Johnson are also on board to ensure the financial success of the development; and that the BBC has over 25 years of experience in providing successful stewardship as the parent company, International Bay Club, Inc. David Wooten, 912 Alden Place, stated that IBC commissioned Lee & Sakahara to carry out the design and create the architectural drawings following approval of the conceptual plan in August 1997. The development plan is being submitted to Council for approval and construction is expected to begin as early as October 1999, lasting about 2 years. Ron Sakahara, Lee & Sakahara Architects, 16842 Von Karman, Irvine, utilized drawings to highlight the revised development plan. He stated that the goal was to refine the design to ensure a five star hotel project. He noted that the view corridor was increased between the two buildings and along the east side of the banquet area; one of the buildings was lowered to two stories; the clubhouse building was shifted to the north to create a better view of the harbor for the residents; and the public access was maintained. Mr. Sakahara reviewed the layout of the clubhouse, the dining facilities, the varying views, and the landscape plan. He introduced the tower which was not in the original plan and stated that the design is considered "classic Italian renaissance" He further compared the differences between the previous and revised development plans. Mayor Pro Tem O'Neil entered the Chambers at 3:25 p.m. Volume 52 - Page 158 No Report C -519 Balboa Bay Club (38) City of Newport Beach City Council Minutes September 14, 1998 INDEX Planning Director Temple reported that the changes to the project (outlined in the staff report) will require amendments to the previous development plan that was already approved by Council. In response to Council Member Thomson's questions, Ms. Temple stated that the hotel accommodations and dining facilities will be a public facility. Further, that walking access will be provided in certain areas, particularly along the bayfront. Regarding parking, she stated that a substantial number of additional spaces will be provided and that the parking analysis was done assuming a typical public hotel. In response to Council Member Noyes' question regarding public access, Ms. Ray stated that BBC currently has one public access gate but will have an additional gate for heavily attended functions. Douglas Lee, Lee & Sakahara Architects, explained the location of the guard house and the public access gate. Regarding Council Member Noyes' question about an increase in the guest count, Ms. Ray believed that there would be a great increase because of the facility's beauty and the quality of the hotel and dining facilities, even though, she does not have an actual estimate. Council Member Debay requested and received clarification from Ms. Ray that the beach building will be torn down and replaced with the clubhouse building, a members' only pool, and a children's pool. The hotel and restaurant facilities will be built next. She expressed hope that everything will be kept open since they are phasing the project. Ms. Ray estimated the completion date to be approximately 2 years after groundbreaking. In response to Mayor Edwards' question, Ms. Ray confirmed that they intend to have the organization that owns /operates the facility make the improvements. Ms. Ray confirmed Council Member Glover's comment that the new design will create better views from Kings Road. She added that the view from the harbor, looking at the hotel, will also be spectacular. Ms. Ray stated that there will be open fencing along Coast Highway so that drivers can see the property and the bay. She hoped that this project will be the gateway to Newport Beach and a landmark to the City. Apologizing for his tardiness, Mayor Pro Tem O'Neil requested to visit the firm to look at the plans and receive the details he might have missed. In response to Council Member Debay's questions, Ms. Ray stated that changing the existing faSade of the apartments is not part of this project, but may be in the future. She also noted that the BBC currently has facilities for visiting boats to tie up while going to a restaurant. In response to Council Member Thomson's question about the availability of marina parking, Ms. Ray stated that the new project provides more parking spaces and even enables the employees to park on the property. Volume 52 - Page 159 City of Newport Beach City Council Minutes September 14, 1998 Regarding Mayor Edwards' concern about public input and reconsideration by the Planning Commission, Ms. Ray stated that they would be happy to involve them but that she is not sure if that is part of what was needed. Ms. Temple stated that she and Mr. Wooten discussed the outline of an outreach program with the most interested surrounding neighbors. She reported that a contract with the original environmental consultants is about to be initiated to compare the prior certified E1R with the changes in the project. She pointed out that the subterranean parking structure will have to be looked at since it is larger. Ms. Temple believed that this would take about 8 to 10 weeks, then the changes to the PC text will be done, and finally it will be rescheduled for the Planning Commission. Louise Fundenberg, 808 W. Balboa Boulevard, expressed the opinion that the BBC has a Class 1 -A beach that may not be accessible to the public and that the public may be intimidated by the gate guards and fences. 3. BONITA CANYON PARK REVIEW PLAN. Acting City Manager Danner stated that this park development was included as part of the Bonita Canyon annexation. He reported that the Parks, Beaches and Recreation Commission (PB &R) met many times with the community and came up with what they believe to be the best design. Pat Beek, Chairperson of the City Arts Commission, stated that earlier this year the Commission assisted with the planning of the park site which has almost 34 -acres of open space. She reported that they held a total of 9 meetings and that the working sessions included Public Works, Traffic Engineering, Police, Fire and Marine, General Services, and Community Services Departments. She believed this made for a well- thought out park that is aesthetically pleasing, houses multiple uses, is maintenance - friendly, and safe for all participants and spectators. Ms. Beek indicated that the Commission was not provided any budget amounts until last week, and that they were not made aware of the "bare - bones" revisions made by staff which they do not agree with. She believed the $3.2 million budget would only provide a grazing area with a few trash cans and port•a- potties. She pointed out that, under the Joint Powers Agreement (JPA), $3.125 million must be used for the area known as the east sports area, noting that the parks are separated into the west and east sections. Ms. Beek stated that, with the new budget, the Commission recommends that this project be referred back to allow them to plan the build -out of the east, mid, and east off -site park area of the east park. The current estimate for the project is about $4 million. She indicated that the Commission would rework the assigned sports usage and come closer to the budgeted amount, with the Council to vote on the allocation of the additional funds if there is a shortfall. In response to Mayor Edwards' question, Ms. Beek explained that the east park is separated into 3 sections: east, mid, and east off -site parking. Rick Vanderwood, EPT Landscape Architects, reviewed the boundaries of the east park, and the sports amenities and parking for each section. Volume 52 - Page 160 INDEX Bonita Canyon Park (62) City of Newport Beach City Council Minutes September 14, 1998 INDEX In response to Council Member Debay's questions, Ms. Beek indicated that the original budget estimate was $3.5 million from the Community Facilities District 98 -1 but the amount was reassessed to $3.125 million when the buyers looked at the fair market value. She emphasized that the Commission's job was to plan the park and not to worry about the budget because they were still working out what was to be the available amount. Ms. Beek stated that the public believes they are going to get the park that is depicted but, with the actual cost estimate, the City will end up with just grading, soil amenities, and irrigation. Regarding Mayor Pro Tem O'Neil's question regarding the cost of the project, Ms. Beek believed that PB &R is recommending quality materials that will not need replacing for many years. She stated that, if the project is referred back to PB &R, they will probably be able to reduce the costs and not look at the west park at this time. She believed that they need to see more than just grass after all the community involvement that took place. In response to Council Member Glover's questions, Ms. Beek stated that the landscaping does include palm trees and that the trees may be negotiable items as part of another build -out, not necessarily with the parks. She stated that The Irvine Company did not ask for any improvements and were basically spectators who volunteered the services of EPT. In response to Council Member Noyes' questions, Mr. Danner stated that the $3.25 million will be provided through a bond that the JPA will issue probably in October. Council Member Noyes expressed concern about reserving the school site area for 10 years. Ms. Beek stated that it was her understanding that, in talking with the school district, they do not foresee utilizing that area and that this gave PB &R the confidence to move forward with the project. Mr. Danner confirmed that the City does have to hold this piece of land and that the JPA will hold the land title for the 10 year period. Council Member Thomson requested clarification relative to how it was decided to design the park as proposed with the various sports amenities. Ms. Beek stated that they worked with the President of the Newport Beach Little League, Region 57 AYSO Soccer and Bobby Sox representatives, and all of the youth organizations to create fields in which multiple uses, with varying ages, can be used. Ms. Beek explained that the fields were developed around the natural berms in the park but that PB &R will rework the plan to make the eastern portion of the park a grass area. Mr. Vanderwood assured that the plan can be reworked to incorporate more fields in the east park. Council Member Thomson stated that, since creating the west park soccer fields will be delayed, the east park should accommodate them and make it as multipurpose as possible. Council Member Thomson suggested making the entrance big enough for a larger car to be able to easily turn around after dropping off children and that an exit be installed at the eastern portion of the park to have continual circulation in the parking lot. Council Member Hedges entered the Chambers at 4:07 p.m. Volume 52 - Page 161 City of Newport Beach City Council Minutes September 14. 1998 I ND ESC [n response to Council Member Debay's question, NIs. Beek stated that not having permanent restroom facilities was one of the revisions made by staff. She hopes that they would be able to come up with a plan to have restrooms as nice as the ones at Bob Henry Park. Regarding Mayor Edwards' question regarding traffic circulation especially over the weekend, Public Works Director Webb stated that they can provide that information, however, they have yet to do anything. Council Member Thomson stated that it may be worthwhile to also have a meeting place for parents to pick up their children at an identifiable landmark. Mr. Vanderwood noted that the design includes a water feature. Carol Hoffman, The Irvine Company, stated that the community told them that they wanted the school site (east sports area) as a park at the time they worked through the annexation process. She stated that the Mello Roos financing mechanism created an opportunity for The Irvine Company to acquire the school site and the freeway reservation site, which was a unique opportunity to add a major recreational amenity to the overall community and also provide recreational amenities that would be important to the new Bonita Canyon residents, as well as the Harbor View homes area. Ms. Hoffman reminded Council that the Community Facilities District (CFD) is acquiring the school site and the freeway reservation site, and that the school site would always be dedicated. Regarding the mitigation agreement, she stated that it required that The Irvine Company make that land available through the CFD and that the City cooperated with the school district. She indicated that, since they maintain community facilities districts in all cities in which they work, it was important that they be consistent in the way funding is applied. Further, since funding has always been primarily used for the acquisition of schools, it was important that they had an agreement with the school district in order to acquire this land. She reported that the school district indicated that their projections for students in the area are such that they would never really expect to need the site for a school. Referencing the articles regarding attendance at Anderson School, they can redraw the attendance boundaries because they are not expecting full attendance at Eastbluff, Lincoln School capacity will increase, and the Newport Coast School will soon be built. She emphasized that, with the remote chance they need the site for a school, a well- designed school facility can be constructed with very minimal disruption because of the large area in the middle that is not being devoted specifically to ball fields. Further, the 14 -acres is larger than needed for an elementary school. She stated that, if Council decides to proceed, the expenditure is not going to be frivolous. Ms. Hoffman pointed out that the JPA specifies that improvement funding be spent on a school site. This was in direct recognition of the focus of the community, the commitments The Irvine Company feels they made to the community, and the representations they made during the annexation procedures. She expressed The Irvine Company's concerns that the money be spent in the way that it is going to benefit not only the citizens of the City, but the Bonita Canyon citizens whose assessments will be paying for the improvements, and that the dollars be focused in that location to create the amenity that was promised. She stated that they were happy to volunteer Volume 52 - Page 162 City of Newport Beach City Council Minutes September 14, 1995 INDEX the services of the landscape architect that has worked with The Irvine Company on other parks in the area. Ms. Hoffman stated that as part of the overall community, in addition to this park development area, the Arroyo Park on Bison, east of MacArthur, is being fully funded by The Irvine Company. She pointed out that this park has a lighted, adult -sized ball field, that a trail connects this park with the east park, and that there are also private recreational amenities within the community that is gate guarded. In response to Mayor Pro Tem O'Neil's question, Ms. Hoffman confirmed that the CFD bond proceeds are restricted and can only be used to improve the east half of the property. In response to Council Member Debay's question whether there would be any sites to supplement this park in the Downcoast for activity parks if the City decides to annex that area, Ms. Hoffman noted the Newport Ridge Park, Newport Coast school site, and two other private parks. Council Member Noyes questioned if it would be prudent to meet with the school district to see if the 10 year dedication provision can be removed. Ms. Hoffman stated that she would like to sit down with City staff and school district staff to see if there is a way to address this issue. However, it is important that this be retained because of their relationship with the City of Irvine and other kinds of considerations. Mayor Edwards requested and received clarification from Ms. Hoffman that there is language in the JPA that specifies the way the parcels that will be acquired by the CFD and the area where the improvement dollars are allocated would be expended. She noted that the amount was actually $2.5 million, but The Irvine Company increased it to $3.25 million as a result of allocating certain costs to each parcel when determining the boundaries of the district. Ms. Hoffman confirmed Mayor Edwards' question that these were dollars funded by the owners of the houses. Mayor Edwards asked if there was a way to increase the funding, without requesting more from the residents, so that the City has a park that would benefit everyone. Ms. Hoffman stated that having the Bonita Canyon residents take on a certain level of responsibility was discussed in one of the early annexation process meetings. She noted that the value of their land is reduced since The Irvine Company creating the CFD. Further, that the City does has in -lieu park fees as a way of paying for improvements. She believes that funding could come from these fees and that she hopes that the City will see this as enough of a benefit to maybe even use General Fund moneys. Council Member Thomson stated that he would like to see this move on and go back to PB &R to rework some of the suggestions and make it the most flexible for all the different levels of sports teams in the City. He believed that the financial part can also be worked out. Council Member Hedges stated that PB &R will require a budget. In response to Council Member Hedges' questions, Ms. Hoffman stated that the CFD would bear the burden of the acquisition of the school site and the construction of the school, if it were needed, at a cost of about $21 million. Volume 52 - Page 163 City of Newport Beach City Council Minutes September 14, 1998 INDEX She noted that, in addition to the acquisition, there is also the cost of the mitigation agreement to the school district for the improvements that will be made at Eastbluff and Newport Coast. By the time the site is acquired and the improvements are made. it was almost the same dollar amount as it would have been just to build the school and acquire the site. Mr. Danner clarified that $6 million for Newport -Mesa (acquisition of the site) and $3.25 million for improvements to the park site was included in the current size of the bond issue. In response to Council Member Hedges' questions, Mr. Danner confirmed that the building excise tax fund has about $400,000 or $500,000. Council Member Hedges suggested taking a loan from the General Fund to the Building Excise Tax Fund, which can then be paid out to improve the park, as an additional way to fund the project. The Fund can be repaid as Building Excise Tax comes in over time. Council Member Hedges stated that PB &R will be looking very closely at what type of money is available. He cautioned them not to just decide what they want and ask Council to find out how to pay for it. He suggested that they determine what the needs should be, how the park fits in with the overall needs, and have Council work from there. Mayor Edwards stated that there was a strong concern from the parent organizations about people coming into the area and impacting their schools. Council Member Debay hoped that PB &R will not want to use all of the in -lieu park funds for this project because some of it should be guarded for the opportunity to develop a playing field at the CalTrans park, should the City take over the property. Community Services Director Kienitz requested more direction as to the budget that the PB &R will be working with, noting that the public's requests were considered but a budget was not provided. Mayor Edwards believed that they will be starting with the CFD's $3.25 million for the east and mid - portion of the east park. In response to Council Member Hedges' question regarding the use of in -lieu park fees, City Attorney Burnham clarified that, under Council Policy, park fees generated by developments anywhere in the City may be spent on park improvements. Council Member Hedges requested that the policy be checked as he believes the City is not particularly interested in depleting all the funds to support one park. Mayor Edwards stated that he is sensing that the east area of the Bonita Canyon Park is the primary goal, using the $3.25 million budget. Chip Green, Harbor View Homes resident, expressed concern with the direction as it was their understanding that the entire park would be built out. He stated that he is a coach and that they need quantity, not quality. He reported that they practice on soccer fields in which they share the field with 3 teams. He believed that the west park is the gateway to the City and is interested to see what the City plans for it if all the money is going to be spent on the east park. He expressed the opinion that the west park is only currently good for a bicycle motorcross course and that, even if it is minimal, Volume 52 - Page 164 City of Newport Beach City Council Minutes September 14, 1998 the children need more ground area for soccer and little league practices. Mike Wade, AYSO Region 57, noted that he attended most of the meetings regarding the annexation and the park. He stated that this is the first time he learned that all funding needs to be allocated to the east site. He stated that they were looking forward to the larger soccer field in the mid -site, as well as the smaller fields along the west site. Mr. Wade expressed pleasure that PB &R is at least willing to reconfigure the east site and encouraged everyone to consider using some of the money for the west site. He reported that there are 1,705 children in his AYSO area and that there are at least 3 teams on each site every weekday for practices. Mr. Wade stated that he is using the Newport Coast Homeowner Ridge Association site for practices, but pointed out that the grass is almost unusable for soccer. He recommended redoing the grass if that area ever falls into City control. Phil Glasgow, Parks, Beaches & Recreation Commission, expressed the opinion that this plan is the best thought out, planned facility in the City. He stated that they initially did not know what to put in the parks, so they listened to every suggestion and worked with the homeowners. He stated that they wanted to see what could be created with quality. He took issue that he found out about the budget issue by reading the newspaper and emphasized that PB &R never knew the budget amount even though they asked. He stated that they did a good job, will come back with good ideas that will fit everybody's needs, and will find the money to do the project since this is the front door to a very good community. He reported that The Irvine Company has been very helpful and urged everyone to work as a team. He asked Council to make sure that staff gives them the budget so that they can help support them. He reported that, if the west site cannot be completed, the City needs to do something to make sure that at least grass is installed and that the noise continuation plan goes into effect to help the homeowners. PUBLIC COMMENTS There were no public comments presented. ADJOURNMENT — 4:49 p.m. to Closed Session. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ The agenda for the Adjourned Regular Meeting was posted on September 9, 1998, at 2:30 p.rrL on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk ng Secretary Mayor Volume 52 - Page 165 INDEX CITY OF NEWPORT BEACH City Council Minutes DRAFT Regular Meeting September 14, 1998 - 7:00 p.m. ADJOURNED REGULAR MEETING (STUDY SESSION) — 3:00 p.m - See separate minutes. CLOSED SESSION - 5:00 p.m. CLOSED SESSION REPORT PRESENTED Mayor Edwards announced that, in Closed Session, the City Council voted to settle the claim of Helen Koontz in the amount of $60,000, by the following vote: Ayes: Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards Noes: Hedges Absent: None Abstain: None RECESSED AND RECONVENED AT 7:15 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Debay, O'Neil, Hedges Glover, Noyes, Mayor Edwards Absent: None Pledge of Allegiance - Council Member Debay. Invocation by Stuart McFarland, Mariners South Coast Church. Recognition of Council Members Hedges and Noyes for their participation in the Celebrity Waiter Fundraiser to benefit the Leukemia Society (continued to September 28, 1998). MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON - DISCUSSION ITEM): Mayor Pro Tem O'Neil requested that the name and telephone number of a contact from CalTrans be provided to the public on the internet. Mayor Pro Tem O'Neil mentioned that an officer of the Corona del Mar Business Improvement District suggested that since Coast Highway is a major thoroughfare that impacts the City, the community should have easy access to a CalTrans representative who can provide area information. Mayor Pro Tem O'Neil recognized Lindsay Davenport on her recent victory at the U.S. Open Tennis Tournament and requested that proper acknowledgment of her accomplishment be made. Mayor Edwards stated that he signed a proclamation that day recognizing Lindsay and inviting her to attend a City Volume 52 - Page 166 INDEX City of Newport Beach City Council Minutes September 14, 1998 Council meeting for a formal presentation. Mayor Edwards added that some token gifts from the City were included, and another proclamation was signed for Lindsay's coach, Robert Van't Hof. • Council Member Glover requested that a report regarding the status of Santiago be presented at the next City Council meeting. • Council Member Noyes stated that he recently attended the Revitalization Conference in Monterey through the League of California Cities. Council Member Noyes stated that the most important thing he took away from the conference was the strong emphasis on quality of life and its importance to both businesses and residents. • Council Member Noyes announced that the Environmental Quality Affairs Committee recently formed a new sub - committee to make comments on the environmental impact report that is going before the County for the Banning Ranch area. Council Member Noyes stated that another sub - committee is working on the environmental impact report for the Dunes. • Council Member Noyes acknowledged that there has been some controversy surrounding the City Council recently, but he is hopeful that the City Council can continue doing the job it was elected to do and not let prejudices affect their decisions. • Mayor Edwards announced that this year's Taste of Newport will be held September 18th, 19th and 20th. Mayor Edwards encouraged everyone to participate in the successful event. • Mayor Edwards suggested that consideration be given to possibly reconstituting some of the Council committees. Mayor Edwards requested that a staff report be prepared for discussion at a future City Council meeting. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF AUGUST 24, 1998. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTION FOR ADOPTION 3. ADOPT RESOLUTION NO. 98 -62 ESTABLISHING THE SALARIES FOR KEY AND MANAGEMENT EMPLOYEES FOR FISCAL YEAR 1998 -99 AND AMENDING THE CITY'S CLASSIFICATION AND COMPENSATION PLAN TO REFLECT SAID CHANGES. Adopt Resolution No. 98 -62. Volume 52 - Page 167 �►'� Res 98 -62 Key & Management Salaries (66) City of Newport Beach City Council Minutes September 14, 1998 INDEX CONTRACTS AND AGREEMENTS 4. Item removed from the Consent Calendar by Eric Parker. 5. COMPLETION AND ACCEPTANCE OF LIDO ISLE SEWER FORCE C -3183 MAIN REPLACEMENT (C- 3183). Accept the work; authorize the City Lido Isle Sewer Clerk to file a Notice of Completion; and authorize the City Clerk to release Force Main the bonds 35 days after the Notice of Completion has been recorded in Replacement accordance with applicable portions of the Civil Code. (38) 6. COMPLETION AND ACCEPTANCE OF BIRCH STREET C- 29311BA -009 OVERCROSSING AT ROUTE 73 (C- 2931). Accept the work; authorize Birch St. the City Clerk to file a Notice of Completion; direct staff to coordinate all Overcrossing outstanding stop notices with the Contractor's bonding company and resolve (38/40) according to State law; and authorize a budget amendment (BA -009) to appropriate funds in the amount of $45,207.00 from the Circulation and Transportation Fund (Fund 260) to account number 7261- C5100065, Birch Street Bridge. 7. PARKING CITATION PROCESSING AGREEMENT (C- 3232). Item C -3232 continued to September 28, 1998, at the request of staff. Parking Citations (38) 8. NEWPORT BOULEVARD /COAST HIGHWAY "ARCHES" C- 2886/BA -011 INTERCHANGE IMPROVEMENTS (C- 2886). Authorize Amendment No. Newport Blvd./ 1 to the professional services agreement with Moffatt & Nichol Engineering Coast Hwy. for civil engineering support during construction; and authorize a budget Arches Interchange amendment (BA -011) to appropriate $105,872.50 from the Circulation and (38/40) Transportation Fund, unappropriated surplus fund balance to Account No. 7261- C5100199. 9. CONTRACT FOR BALBOA PENINSULA SIGN REGULATIONS C -3233 (C- 3233). Approve a Professional Services Agreement with Urban Design Peninsula Signs Studio of Irvine for a contract price of $37,900. (38) 10. CITY /COUNTY DOCK PROPERTY (3333 PACIFIC COAST C -533 HIGHWAY). Authorize the Acting City Manager to execute the Estoppel Dock Property Certificate (C -533). (38) 11. CONSIDERATION OF ENCROACHMENT AGREEMENT NO. 98 -310 - EP 98 -310 1350 WEST BAY AVENUE NON STANDARD IMPROVEMENTS. 1350 W. Bay Avenue Approve the application subject to: 1) execution of an Encroachment Non - Standard Agreement for non - standard improvements, authorization for the Mayor and Improvements City Clerk to execute the Agreement, and authorization and direction for the (65) City Clerk to have the Agreement recorded with the Orange County Recorder; and 2) issuance of an Encroachment Permit by the Public Works Department. 12. CAPITAL PROJECT RE- AUTHORIZATION, URBAN WILDLAND C- 32241BA -008 INTERFACE. Approve re- authorization of capital projects associated with Urban Wildlife the work supporting the removal of combustible vegetation in Urban Interface Wildland Interface areas of Newport Beach; award contract (C -3224) to (38/40) Arbor Services for the total price of $54,975 and authorize the Mayor and Volume 52 - Page 168 City of Newport Beach City Council Minutes September 14, 1998 City Clerk to execute the contract; and approve Budget Amendment (BA- 008) to appropriate $133,996 for the Urban Wildlife Hazard Mitigation Grant sponsored by FEMA. MISCELLANEOUS ACTIONS 13. PLANNING COMMISSION AGENDA FOR SEPTEMBER 10, 1998. Receive and file. 14. Item removed from the Consent Calendar by Liz Parker. 15. Item removed from the Consent Calendar by Council Member Thomson. 16. REVISION TO 1997 -98 AND 1998 -99 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE YEAR ACTION PLANS AND BUDGET AMENDMENT (BA -010) TRANSFERRING CDBG FUNDS FROM FUND BALANCE AND SIGN REGULATIONS CAPITAL PROJECT TO BALBOA PENINSULA REVITALIZATION PROGRAM CAPITAL PROJECT. Approve revisions to one year action plans and approve BA -010. 17. UNSCHEDULED VACANCY ON THE LIBRARY BOARD OF TRUSTEES. Confirm the nomination of Robert Knox and Patricia McCormick; and schedule the appointment to be made on September 28, 1998 (one vacancy). Motion by Mavor Pro Tern O'Neil to approve the Consent Calendar, except for those items removed (14 and 15) and the item continued to September 28, 1998 (7). Without objection, the motion carried by acclamation. (Refer to discussion below regarding Item 4). ITEMS REMOVED FROM THE CONSENT CALENDAR 14. COMMERCIAL SIGNAGE IN PUBLIC PARKS. Liz Parker, 1048 Irvine Avenue, Immediate Past President of the Newport Harbor Baseball Association (NHBA), stated that NHBA is the largest youth baseball program in the Costa Mesa/Newport Beach area, and that their fundraising efforts raise over $90,000 annually. Ms. Parker stated that the program will only grow in the future and that the fundraising efforts must keep up with the growth. Ms. Parker stated that the NHBA is asking for clarification of some of the terms in the proposed policy. Ms. Parker stated that the NHBA is self - funded and that the banner program is an important part of the fund raising efforts. Mayor Edwards confirmed with Ms. Parker that the NHBA is non - profit but that the sponsors are commercial -based and do receive banner space. Mayor Edwards confirmed with City Attorney Burnham that the proposed policy does not specify non- profit criteria, so that the NHBA banners would Volume 52 - Page 169 Planning (68) BA -010 CDBG Action Plans (40/87) Library Board of Trustees (24) Council Policy I -26 Commercial Signage Parks (62/69) City of Newport Beach City Council Minutes September 14, 1998 INDEX continue to be permitted. Motion by Mavor Pro Tern O'Neil to approve the City Council Policy I -26 for temporary recognition in City parks for sponsorships of City or co- sponsored programs. Without objection, the motion carried by acclamation. 4. COMPLETION AND ACCEPTANCE OF BAYSIDE DRIVE PARK RENOVATIONS (C- 3149). Eric Parker, 400 112 Iris, stated that he filled out a yellow speaker's card earlier in the meeting to discuss Item 4. Mayor Edwards confirmed that the card was placed at the podium prior to the City Council voting on the Consent Calendar. Motion by Mayor Pro Tem O'Neil to reconsider Item 4. Without objection, the motion carried by acclamation. Mr. Parker read from a prepared statement that was submitted to the City Council prior to the meeting. Mr. Parker requested that the City complete a stucco wall along his property to match the existing stucco wall. Public Works Director Webb stated that he was not prepared to respond to the statement, but that the contractor did what he was hired to do and that a separate contractor would need to be hired. Motion by Mayor Pro Tern O'Neil to accept the work; authorize the City Clerk to file a Notice of Completion; authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and request that staff meet with Eric Parker to attempt to resolve his concerns regarding the stucco. Without objection, the motion carried by acclamation. 15. APPROVE BUDGET AMENDMENT (BA -007) TO APPROPRIATE $4,000 TO FUND AN UPDATED INVENTORY OF NEWPORT HEIGHTS STREET TREES. Council Member Thomson stated that the item should be moved to the Budget Checklist. Council Member Thomson disagreed that $4,000 should be used for a tree inventory when the G -1 policy, Retention and Removal of City Trees, is still under review and will possibly change. Mayor Edwards stated that the item could be treated as a budget checklist item at this meeting and voted on by the City Council separately. Council Member Glover stated that this item was before the City Council at her request. Council Member Glover discovered parts of her district where Volume 52 - Page 170 C -3149 Bayside Drive Park Renovations (38) BA -007 Newport Heights Street Tree Inventory (62) City of Newport Beach City Council Minutes September 14, 1998 trees were not in the inventory because no sidewalk exists. Council Member Thomson stated that in the staff report, staff estimates that 90% of the trees in the area are on the current inventory. Motion by Council Member Thomson to not approve Budget Amendment BA -007. Motion died for lack of a second. Motion by Council Member Thomson to put the item on the Budget Checklist. Acting City Manager Danner responded to Council Member Glover's question by stating that the Budget Checklist is scheduled to be reviewed by the City Council at its meeting of October 26, 1998. Without objection, the motion carried by acclamation. PUBLIC COMMENTS Peter Tarr, President of the West Newport Beach Association, announced that the Association is sponsoring its fast annual Community Pride Day on October 10, 1998, from 9:00 a.m. to noon. Mr. Tarr also invited the public to come by a table that will be set up on September 19, 1998, from 9:00 a.m. to noon, by the tennis courts at West Newport Park. Mr. Tarr stated that on the 19th, the Association will be soliciting volunteers and ideas for the event on the 10tH Council Member Debay added that Mr. Tarr is a member of the West Newport Comprehensive Committee, a committee that is working to improve West Newport. PUBLIC HEARINGS 18. 1998 WEED ABATEMENT PROGRAM - CONFIRMATION OF WEED ABATEMENT COSTS TO BE ASSESSED TO PROPERTY OWNERS. Fire Marshal Dennis Lockard stated that the item before the City Council at this meeting was to approve the City's annual assessment of properties cleaned by the City as part of the weed abatement program. Mayor Edwards opened the public hearing. Hearing no testimony, Mayor Edwards closed the public hearing. Motion by Mayor Pro Tern O'Neil to adopt Resolution No. 98 -63 confirming the report of the Fire and Marine Chief concerning the cost of the abatement of weeds and other nuisances and requesting the Auditor - Controller of Orange County to enter the amount of each assessment referred to in said report on the County tax roll. Volume 52 - Page 171 INDEX Res 98 -63 Weed Abatement Program (41) City of Newport Beach City Council Minutes September 14, 1998 Without objection, the motion carried by acclamation. 19. VACATION AND ABANDONMENT OF A PORTION OF AN ALLEY IN BLOCK B, TRACT 673, LOCATED EASTERLY OF HAZEL DRIVE IN CORONA DEL MAR. Mayor Edwards opened the public hearing. Robert Wynn, 1601 Dove Street, representing Magdi Hanna, stated that Mr. Hanna agrees with the staff report and the recommendation as presented to the City Council. Hearing no further testimony, Mayor Edwards closed the public hearing. Motion by Mayor Pro Tern O'Neil to adopt Resolution No. 98 -64 ordering the vacation and abandonment of a portion of an alley in Block B, Tract 673, located easterly of Hazel Drive; and direct the City Clerk to have the resolution recorded by the Orange County Recorder. Without objection, the motion carried by acclamation. 20. REQUEST BY PACIFIC BAY HOMES (2300 JAMBOREE ROAD) TO APPROVE AN AMENDMENT TO THE AERONUTRONIC FORD PLANNED COMMUNITY DISTRICT REGULATIONS TO: INCREASE THE HEIGHT LIMIT FOR DWELLINGS LOCATED IN AREA 4C; INCREASE THE HEIGHT OF FENCES AND WALLS WITHIN THE PLANNED COMMUNITY TO 10 FEET DUE TO CHANGES IN GRADE ELEVATIONS BETWEEN PROPERTIES; AND ACCEPT AN ADDENDUM TO EIR NO. 153 (SCH NO. 94011022) FOR MINOR CHANGES TO THE HEIGHT LIMIT IN AREA 4C [AMENDMENT NO. 879]. Planning Director Temple stated that she spoke with the applicant earlier in the evening, and he confirmed that he was satisfied and content with the recommendations of the Planning Commission as outlined in the staff report. Planning Director Temple added that the applicant was available at this meeting to answer any questions. Mayor Edwards opened the public hearing. Richard Jones, 8 Rockingham Drive, stated that a meeting with the applicant was held at his house on August 19, 1998. Mr. Jones stated that at that meeting he was advised that certain modifications to the plan would be made and that he would receive written confirmation of those changes. Mr. Jones stated that he has not received such notification, and will not agree to the amendments before the City Council until he receives the written confirmation, as discussed. Rich Knowland, 4041 MacArthur Blvd., Project Manager with Pacific Bay Homes, stated that Pacific Bay Homes did meet with the property owners adjacent to the site and did make several commitments to them. Mr. Knowland confirmed that the changes and commitments discussed in Volume 52 - Page 172 INDEX Res 98 -64 Vacation/ Hazel Drive (90) Ord 98- 22 /PCA 879 2300 Jamboree Aeronutronic Ford Planned Community (94) City of Newport Beach City Council Minutes September 14, 1998 the meeting will be adhered to, and the letter will still be sent. Mayor Edwards requested that Pacific Bay Homes send a copy of the letter to City staff. Planning Director Temple stated that the heights and grades, as approved by the Building Department, are included in the exhibits contained in the addendum to the environmental impact report. Mayor Edwards suggested that Mr. Jones obtain a copy of the staff report. Hearing no further testimony, Mayor Edwards closed the public hearing Motion by Mayor Pro Tern O'Neil to introduce Ordinance No. 98 -22 for Amendment No. 879, and pass to second reading on September 28, 1998, with the understanding that Pacific Bay Homes will provide written confirmation to Richard Jones, as discussed, prior to September 28, 1998. Without objection, the motion carried by acclamation. CURRENT BUSINESS 21. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES — LEAGUE ANNUAL CONFERENCE — OCTOBER 2 -4, 1998 IN LONG BEACH. Mayor Edwards explained that a delegate and an alternate need to be designated for the League meeting on October 2 - 4, 1998, in Long Beach. After some discussion regarding the schedules of the Council members, it was decided that a staff member could also be designated. Motion by Mayor Edwards to designate Council Member Glover as the City's Voting Delegate for the Conference and City Attorney Burnham as the Voting Alternate. Without objection, the motion carried by acclamation 22. APPOINTMENT OF AN AD HOC COMMITTEE TO REVIEW THE REQUEST FOR PROPOSALS (RFPs) AND MAKE A RECOMMENDATION TO THE FULL CITY COUNCIL OF WHICH FIRM TO SELECT TO ASSIST THE CITY IN RECRUITING A CITY MANAGER. Motion by Mayor Edwards to appoint Mayor Edwards, Mayor Pro Tem O'Neil and Council Member Noyes to an Ad Hoc Committee to review the RFP's and make a recommendation to the Council on September 28, 1998. Without objection, the motion carried by acclamation. MOTION FOR RECONSIDERATION - None. Volume 52 - Page 173 INDEX League of California Cities Annual Conference (61) City Manager Recruitment (35) City of Newport Beach City Council Minutes September 14, 1998 AIJJVUKNML�'N'1' - At 25:UU p.m., the meeting was aajournea in the memory 01 Edna May Blurock. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ The agenda for the Regular Meeting was posted on September 9, 1998, 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 52 - Page 174 INDEX