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HomeMy WebLinkAbout01 - 02-22-2000March 14, 2000 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session February 22, 2000 - 4:00 p.m. INDEX Present: Glover, Adams, Debay, Ridgeway, O'Neil (arrived at 4:45 p.m.), Mayor Noyes Absent: Thomson (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. No items were discussed. 2. BALBOA YACHT BASIN REQUEST FOR PROPOSALS AND CITY MANAGER'S RECOMMENDATION TO MAINTAIN CITY MANAGEMENT. City Manager Bludau reported that this was discussed at a previous study session and, according to Council Policy, any management offer for City property needs to go through a request for proposal (RFP) process. He indicated that he and Chief Riley looked at the proposals and recommend that Council reject all proposals and continue having the City operate the Balboa Yacht Basin using City staff. He noted that management would be left for the City Manager to continue as it is if no action were taken tonight. If comparing the BellPort Group and City management, he indicated that the benefits are close. He stated that he could see where using BellPort could mean a little higher level of service, but pointed out that the tenants have let the City know that they are very satisfied with the current operation. Mr. Bludau indicated that there will be rate increases in the future regardless of who manages the marina; however, if a private entity is managing the marina, the users may think that the rate increases occurred sooner than expected. He stated that some of the proposals offered some enhancements to services, but they did not feel any of the proposals justified a change in management at this time. Council Member Glover asked the legalities of asking for RFPs when the City is one of the bidders. Mr. Bludau stated that the City is not really bidding against anyone else but wanted to come up with a comparison that showed the City's operation. Council Member Glover noted that the City had a philosophy at one point to outsource some of its functions. Mayor Pro Tern Adams stated that the City received a petition with over 100 signatures and asked if any of the signers reviewed the proposals. Mr. Bludau indicated that the proposals were available for review in the City Clerk's office and pointed out that the petitions were signed because they did not want the City to accept BellPort's proposal. Mayor Pro Tem Adams indicated that having all those petitions is a major factor in his decision, but Volume 68 - Page 200 Balboa Yacht Basin (51) City of Newport Beach Study Session Minutes February 22, 2000 INDEX believed that the tenants should respond after they understand all the proposals. In response to Council's questions, City Attorney Burnham indicated that he is not sure how the RFP was drafted or whether it contemplated responses by City Boards or Commissions. However, he does not believe there is anything in the policy or the municipal code that prohibits a commission from asking staff to prepare a response to a proposal. Using Marina Park as an example, Assistant City Manager Wood stated that the direction was to include all the current users of the property when Council approved the distribution of an RFP. The proposal was prepared using some staff time and by retaining a landscape architect to do a quick plan. Council Member Glover stated that she did not know that the Parks, Beaches and Recreation Commission asked staff to prepare the proposal. Council Member Debay believed that the petitioners feared that a private company would come into the marina, clean up the area, and then increase the rates. Mr. Bludau reiterated that the tenants are satisfied with the current operation and added that there are no vacancies in the marina. Council Member Ridgeway stated that he talked with a number of people in the marina and believed that "if it's not broken, don't fix it." He indicated that he likes privatization if needed; however, he is not sure if third party management is really privatization. He expressed the opinion that the real issue is that this is the only spot where the City really has a presence on the Bay and that it will harm the City in the long run if this is taken away. He pleaded to Council to maintain this presence and noted that the City has maintained a fairly consistent operating expense and has a sinking fund for capital improvements. Peter Ueberroth, BellPort Group, believed that the bid process was fair and thanked the City for choosing them as one of the top bidders. He stated that the City is in a bit of an awkward position when it has its own people judging how well it and outsiders do. He expressed the opinion that government should always use private sector management and that the City's accounting is not accurate. He stated that he believes that the marina tenants are thrilled with the current service because they are paying 15 percent less than similar facilities, which equates to about $200,000 to $250,000 of revenue to the City. Mr. Ueberroth also believed that the slips can be used while vacant (with renters permission) to encourage more tourism to the City and noted that BellPort has a program to attract visiting boaters. He added that they are best equipped to deal with all the environmental issues since this may be complicated for the City due to its future financial condition. Regarding the petitions, he believed that none of the signers have looked at their proposal. Council Member Ridgeway stated that the person who distributed the petition does have a copy of the proposal. He added that the tenants do know that their rent is low and are actually expecting a rent increase. Regarding the accounting, he stated that there are no hidden costs and that staff probably added more into the proposal than needed. Regarding the environment, he indicated that he is aware of what is happening to the water and agreed that BellPort is at the cutting edge; however, he pointed Volume 58 - Page 201 City of Newport Beach Study Session Minutes February 22, 2000 INDEX out that BellPort has received reminders from the City of the water quality at some of the facilities they manage. Ron Bauer, representing Balboa Yacht Basin tenants, stated that he is a 15 year tenant, has been a certified property manager, past president of the Institute of Real Estate Management, and just concluded a 32 year career in commercial real estate management. He stated that he has not read the proposals but believed that owners outsource management for several reasons. One reason is that the owner feels it does not have the expertise; however, he believes this is not the City's case and noted that it has managed the Basin for 17 years and has over 100 signatures of support. He stated that another reason is that the owner does not have the personnel, but again noted that this is not the case for the City. Mr. Bauer reported that the current manager has been in place for 12 years and that the City employs part -time off - season lifeguards to do maintenance during the winter. Finally, the last reason is that the owner does not have knowledge of the market. He indicated that the City is familiar with the harbor and its competition, been responsive to changes in market conditions, and conducted rent surveys. He noted that, in 1995, he proposed that a CPI increase be included with leases to eliminate the need for large increases when he spoke at the Council meeting when a 21 percent rent increase was proposed. Mr. Bauer pointed out that there is a clause in the documents that says that the City shall be competitive, but not lead the market. He believed that the City has done a nice job and wants the City to continue as manager of the Balboa Yacht Basin. Mayor Pro Tem Adams asked what the tenants' concerns are if the City outsources this function. Mr. Bauer stated that he talked with people who have been under the BellPort Group's management and that they indicated that BellPOrt cuts services and increases prices. Mayor Pro Tem Adams believed that it is not right to send around petitions to oppose a proposal that they have not fully investigated. Mr. Bauer indicated that the proposals were not available to him, pointing out that the RFP states that they would not be available to the public until after a certain date. Mr. Bludau believed that the proposals were public information for anyone who wanted to see them. City Clerk Harkless clarified that the proposals were not available in her office until they were part of the agenda packet and did not have knowledge of their availability prior to that. Council Member Glover believed it was misleading to imply that BeIlPort does not have experience, noting that they have been in business for about 35 years. She pointed out that the recommendation requests a Council action, but indicated that they cannot take any action during study sessions. Mr. Bludau indicated that, if Council wanted, they can give direction to place this on a regular meeting agenda. In light of her concerns about future revenue sources, Council Member Glover stated that it may be hypocritical of her to not look at the possibility of outsourcing this function, especially since it may increase revenue. She pointed out that the Basin would still be a City marina and would still maintain a City presence. She stated that she likes the concept of having an area where the City could market to have visitors enter via the marina and Volume 63 - Page 202 City of Newport Beach Study Session Minutes February 22, 2000 INDEX have a manager who could do that. Council Member Ridgeway stated that he has been working with the Harbor Committee for a year and that they have been looking at visitor - serving dock space. However, the Committee has come to the conclusion at this time that the harbor is generally not organized for it but the yacht clubs are. That issue was deferred to the yacht clubs and /or the Harbor Patrol. Mayor Pro Tem Adams requested that this item be placed on an agenda because he would like to see the specifics of the two proposals made readily available to the tenants so that they can make an informed decision about the options and to allow BellPort the opportunity to address the tenants' concerns. He believed that the concerns can be addressed without increased costs through the contract. He stated that Newport Beach is a City, not a marina operator, and indicated that he is not sold one way or the other but has not heard enough to make a decision. Mayor Noyes agreed with Mayor Pro Tem Adams and stated that he believes the City may be moving too fast. He suggested conducting an independent review in order to avoid any appearance of inpropriety since the City is analyzing its own proposal. Council Member Glover believed that the City should analyze this from a business viewpoint, stating that some of the numbers do not add up with the history of the marina. She indicated that the City may need to look at all its holdings if an opportunity to increase revenue arises. Mayor Pro Tem Adams asked if outsourcing this would reduce the City's liability exposure. Mr. Burnham indicated that the City would normally require indemnity from the operator, but noted that there has not been any significant liability exposure as a result of the marina operations. Noting that he owns shopping centers, Council Member Ridgeway indicated that he is the one who reviews the proposals when he has people competitively bidding for management and that he usually has cross indemnities. He indemnifies the property manager for issues within the operation and they indemnify him for any negligence that they may cause. He reminded Council that the City is the owner and that he is not sure if a third party should come in and analyze the proposals. He indicated that he receives bids, reviews the bids, and picks the best one which is usually the low bidder. He stated that it is ironic that the low bidder is the City, but reiterated that rent should be raised. He asked if Council wants to put the City in the same pool as The Irvine Company's leases because that is what this would do. Mayor Pro Tem Adams believed that bringing this forward at a public hearing would be adequate. He indicated that BellPort has the City's proposal to compare against and has time to address any concerns. Council Member Ridgeway stated that it is unfair to take proposals from a sealed bid situation and now allow them to play against the other. Referencing the matrix, Mr. Bludau reported that the net revenue between BellPort and the City is within $10,000 and reiterated that the City Volume 53 - Page 203 City of Newport Beach Study Session Minutes February 22, 2000 sets the rates even if BellPort manages the marina. Council Member Glover asked that a ten year history be included in the staff report. 3. CIRCULATION STUDY FOR MERGER OF NEWPORT BOULEVARDBALBOA BOULEVARD. Mayor Pro Tem Adams recused himself, noting that his company prepared the study. For the record, he reported that his company was awarded the study prior to him being elected onto Council. Council Member O'Neil arrived at 4:45 p.m. Motion by Council Member Ridgewav to direct staff to proceed with the preparation of plans, specifications, and engineer's final estimate for completion of traffic circulation, safety, and access improvements in the Mix Master area in general conformance with Alternative H (Modified Existing). Council Member Ridgeway reported that the consultant has followed the advice of the citizens. He stated that he liked Alternative H which constructs a two -way street on 21st Street and widens Newport Boulevard between 26th and 22nd Streets, and has minimal reduction in parking. He indicated that the Ad Hoc Committee to Promote the Revitalization of the Balboa Peninsula (PROP) reviewed it and members of the Peninsula Point Association and Central Newport Beach Community Association concurred with the alternative. Noting that she is a member of the PROP Committee, Council Member Debay stated that she has seen the key issues and feels comfortable with the alternative. Mayor Noyes asked why this item was not placed on the regular agenda, noting that Council should not be taking action at study sessions. City Manager Bludau stated that it was believed that Council would want to discuss it first and not take that much time at a regular meeting. Council Member Ridgeway believed that this could be placed on the Consent Calendar at this point. Mayor Noyes indicated that a vote will not be taken tonight. Robert Rubian, 2200 Newport Boulevard, stated that many meetings were conducted and expressed the opinion that Alternative H is less disruptive. He believed that the alternative is the most efficient with regard to traffic flow, parking, cost, and right -of -way to all businesses. Senior Civil Engineer Brine reported that five public meetings were held during the development of the study. Tijana Hamilton, Parsons Transportation Group, reported that Alternative H has four elements: provides access from southbound Newport Boulevard to MacFadden Square/beach parking; provides enhanced access to the bayside businesses by pulling back the curb along Newport Boulevard; enhances the visibility of the pedestrian crossing on Newport Boulevard at Volume 53 - Page 204 INDEX Merger of Newport Blvd. & Balboa Blvd. (85) City of Newport Beach Study Session Minutes February 22, 2000 23rd Street; and enhances and consolidates signage to provide better comprehensive signage for visitors and encourage people to use Balboa Boulevard outbound during peak periods. In response to Council Member Glover's questions, Ms. Hamilton indicated that they will not be developing the roundabout because its location focused access away from the area, was geometrically hard to design, impacted parking to Woody's Wharf and Hooters, and took away 40 parking spaces. She stated that Alternative H (Modified Existing Alternative) is enhancement to the existing operation at the Balboa Boulevard/Newport Boulevard intersection to effectuate better traffic flow and enhance access to the area while minimizing impacts to parking, as well as disruption during implementation. She reported that this alternative would cost about $395,000 and would give the City traffic signal modifications that coincide with the reconfiguration into a two -way area, reconstruction of the roadway, enhanced lighting and pedestrian signing at 23�d Street, and additional signage and street lighting to increase visitor comprehension and access. Public Works Director Webb reported that a majority of the funding would come from the Gas Tax Fund and the rest from the General Fund. He indicated that the improvements in front of Hooters and Woody's Wharf will be postponed until the undergrounding district is completed. He explained that, at that time, the City already programmed a reconstruction of the street and overlays that can take the widening into consideration. He stated that this may even lower the total cost of the project. He reported that the first phase would be traffic signal work and changing the roadway into the two -way section at a cost of about $140,000. Council Member Glover asked the members of the PROP Committee what this improvement will do for the peninsula. Council Member Ridgeway stated that this has been an ongoing, frustrating issue for years. He pointed out that there was a push by a number of people for a redesign of the Mix Master and that the City spent $185,000 for Parsons to study the area and come up with a recommendation. He believed that Alternative H is a very reasonable plan for an issue that has been in conflict. Additionally, for the first time, the area is looking at a balance between pedestrians, vehicular traffic, residents, and tourists. He believed that this and Agenda Item No. 26 (Phasing and Estimates for the Balboa Village Pedestrian and Streetscape Improvements Plan and the Balboa Pier Parking Lot Improvements) is a unanimous consensus and noted that the citizens have worked hard with the consultants to come to a nice balance. Mayor Noyes added that Alternative H will also improve traffic flow and make the area safer. He stated that it is a good plan that works for a reasonable price. Mr. Webb stated that staff will get whatever proposals are necessary to prepare plans and bring them back to Council at a regular meeting if Council infers that they want Alternative H to proceed. Mayor Noyes indicated that Mr. Webb's statement was reasonable. 4. OVERVIEW OF TRAFFIC SIGNALS. Council Member Debay stated that she and Mayor Pro Tem Adams met with the City Manager to talk about traffic on Pacific Coast Highway (PCH). She reported that CalTrans controls PCH and indicated that a motorist can get Volume 53 - Page 205 INDEX Traffic Signals (85) City of Newport Beach Study Session Minutes February 22, 2000 INDEX stopped at a number of signals trying to drive on PCH. She asked how the synchronization works when there are pedestrians on the corner and if the lights are ever overridden to keep the majority of the traffic moving. She requested that the City ask CalTrans to check the lights to ensure that they are working properly. Transportation and Development Services Manager Edmonston stated that traffic counts are the first thing they look at in order find out how much traffic is occurring and the hours of traffic. From the data, the number of lanes needed and signal timing is determined. He reported that the two busiest intersections in the City are at PCH /Jamboree and PCH /Superior; and the busiest left turn intersections are at PCH /Jamboree and Bristol/ Jamboree. Mr. Edmonston clarified for Mayor Pro Tem Adams that CalTrans changed the striping for the free right turn at PCH /Jamboree because they felt their striping was safer. He added that CalTrans also took down the sign that informed drivers that they do not need to stop to make the right. He noted that CalTrans rotates its staff frequently to where the City is typically dealing with people that only have one or two years experience. In response to Council Member Ridgeway's question, Mayor Pro Tem Adams stated that he designed the PCH /Jamboree intersection and that a grade separation was considered at that time. Mr. Edmonston indicated that the City pitched that idea to CalTrans on at least two different occasions, but they do not seem interested in looking at the impacts. Mayor Pro Tem Adams reminded Council that the intersection was designed to have a dual right turn and that a curb return was installed so that right turns could take place on the outside. He indicated that this would be unconventional but may be something the City should look at because his company knew 15 years ago that a single free right turn would not be enough over time. Mr. Edmonston noted that about 1,500 cars drive on that turn during peak hours when the capacity of the lane is about 1,800. He reported that the long range projection was actually over 1,800 and that a safety valve was included in the design as an option if the capacity was exceeded. Mr. Edmonston stated that the highest amount of total traffic approaching an intersection on one leg is at Superior/PCH in the morning from the Huntington Beach direction. He indicated that about 30 intersections a year are counted for purposes of the traffic phasing ordinance. Mr. Edmonston discussed designing and studying new signals. He also described a signal display, signal control mechanism, opticom detector, and the red LED that assists the Police Department in enforcing red light violations. Regarding the opticom detector, Mr. Edmonston indicated that a rapidly flashing strobe light is used and built into the Fire Department's light bar. The signal senses the frequency of the strobe light and tells the controller that there is an emergency vehicle approaching. He clarified that only the Fire Department has these and noted that the CalTrans signal personnel allowed the City to put the detectors on the State highway signals. He added that CalTrans does not maintain the detectors but will meet the City Volume 53 - Page 206 City of Newport Beach Study Session Minutes February 22, 2000 and its maintenance company at the location to help them solve any problems. Regarding signal timing, Mr. Edmonston stated that the City develops the timing for individual intersections and that it is influenced by the width of the street, number of phases in a signal, and the volume of traffic per lane. Once the individual timing is developed, adjacent signals are then coordinated. He reported that the cycles are typically between 80 and 110 seconds. Mr. Edmonston stated that the City operates the coordination on Jamboree Road, Irvine Avenue, Superior Avenue, Balboa Boulevard, Main and Palm Streets, and 21st and 23�d Street. He indicated that the City does not have coordination on San Joaquin Hills Road, but can change some of its parameters with the City's master computer. He explained how PCH is coordinated, noting that it is harder to hold the traffic together when signals are further apart. Mr. Edmonston demonstrated how signals are coordinated and how pedestrians can affect the timing of the signals. Council Member Glover asked if a pedestrian overhead bridge on PCH at Riverside and Tustin would help the intersections. Mr. Edmonston stated that he cannot answer that at this time, but indicated that there are pedestrians at those intersections at almost every cycle during much of the day. He pointed out that the difficulty with pedestrian overcrossings is getting people to use them. Mr. Edmonston reported that, during the peak hours on Jamboree, traffic is fairly even in either direction but that the timing will favor the traffic in the heavier direction. He indicated that adding a signal to a group can make a difference on how a traveler progresses up and down the street. He believed that the traffic study should be reviewed every two or three years to get the most out of the system, but noted that it is a fairly intensive operation in which the City has received OCTA grants and hired a consultant in the past. He stated that they asked CalTrans for their timing patterns and when they were last updated but it did not arrive by this afternoon. Mayor Noyes stated that the Seven Minute Survey revealed that citizens thought that PCH/Jamboree and PCH/Dover were the worst intersections. Mayor Pro Tem Adams believed that most of the people think PCH/Jamboree is bad largely because of the right turn. Mayor Noyes asked why PCH/Jamboree has become the most dangerous intersection. Mr. Edmonston indicated that it has that designation probably because of the total number of accidents that occur at that intersection in relation to the amount of traffic. He reported that the wide nature of the intersection has led to it having special timing and an "all red period" in which all the lights are simultaneously red to help traffic clear out of the intersection. He added that the all red period following the triple left turn is five seconds. Mr. Edmonston stated that they look at the police accident statistics for the ten highest locations on the arterial streets and then the City field reviews those locations to identify deficiencies and how to help them. Public Works Director Webb offered Council an opportunity to look at the traffic controller in the Public Works Department that is tied into the City's Volume 53 - Page 207 City of Newport Beach Study Session Minutes February 22, 2000 signals. He indicated that Uouncil will be able to see each intersection and how adjustments are made. Mayor Pro Tem Adams believed that the timing studies need updating to improve traffic flow. He indicated that the City is under a lot of criticism regarding traffic and believed that a part of the reason for the criticism is that the system is not optimized. In response to Mayor Pro Tem Adams' question regarding double - cycling Jamboree Road, Mr. Edmonston indicated that they have looked at doing this at some of the smaller intersections, like Bison. Mayor Pro Tem Adams expressed concern relative to the worsening of progression on Jamboree over the last six months. Mr. Edmonston stated that, in conjunction with the free right turn lane at Eastbluff and Jamboree, the contractor cut some of the loops which caused the signal to operate at less than an optimum level. He reported that the traffic system is probably due for a reexamination even though it monitors City signals and has reporting capabilities. In response to Council Member Glover's questions, Mr. Edmonston reported that the State highways in the City include Coast Highway, Newport Boulevard from Finley to the Costa Mesa limit, and Bristol Street and Bristol Street North. He indicated that CalTrans is interested in relinquishing Bristol Streets and believed that the area is one where the State has spent a lot of time and has periodically updated the signals. Mayor Noyes stated that it sounds like the City is wanting to update the traffic study and get information from CalTrans. He emphasized that the City is trying to improve traffic flow without building a lot of hardscape. PUBLIC COMMENTS —None. ADJOURNMENT — 6:00 p.m. The agenda for the Study Session was posted on February 16, 2000, at 3:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 53 - Page 208 INDEX CITY OF NEWPORT BEACH City Council Minutes Regular Meeting DRAFT February 22, 2000 - 7:00 p.m. INDEX STUDY SESSION - 4:00 p.m. [Refer to separate minutes] CLOSED SESSION - 6:00 p.m. CLOSED SESSION REPORT PRESENTED - None. RECESSED AND RECONVENED AT 7:15 P.M. FOR REGULAR MEETING ROLL CALL Present: Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Absent: Thomson (excused) Pledge of Allegiance - Council Member Debay. Invocation by Reverend Dr. Dennis Short, Harbor Christian Church of Newport Beach. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): • Council Member O'Neil, as a member of the committee that evaluated the performance of the City Manager, requested that a report from the committee be placed on the next agenda. He added that the recommendations will probably require a change in the City Manager's employment agreement. Council Member Glover requested that a report be brought to the City Council for approval of a requirement to place chain link fencing and green screening around the borders of any lot undergoing construction for a new private residence. She stated that the fencing and screening make a big difference on the impact of the construction to neighbors. Mayor Noyes thanked the Speak Up Newport association for putting on a fantastic Mayor's Dinner on February 10, 2000, and also for creating an ongoing public forum. He announced that the next meeting would be held on Wednesday, March 1, 2000, at 5:30 p.m, at the Nautical Museum and the topic would be Measure F, the Safe & Healthy Communities Initiative. Mayor Noyes stated that additional information could be received by contacting George Schroeder at 219 -2406. Volume 53 - Page 209 City of Newport Beach City Council Minutes February 22, 2000 READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF FEBRUARY 8, 2000. 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. RESOLUTIONS FOR ADOPTION 3. RESOLUTION ENDORSING CENSUS 2000. Adopt Resolution No. 2000 -16 endorsing Census 2000. 4. ARTERIAL HIGHWAY REHABILITATION PROGRAM. Adopt Resolution No. 2000 -17 approving the submittal of funding applications to the Orange County Transportation Authority for funding under the Arterial Highway Rehabilitation Program. 5. REVISED PARKING LOT FEES FOR BALBOA PIER AND CORONA DEL MAR PARKING LOTS. Rescind Resolution No. 92 -105 and adopt Resolution No. 2000 -18 amending the City Fee Schedule for parking lot fees at the Balboa Pier and Corona del Mar Parking Lots. 6. SKATEBOARDING RESTRICTIONS AT THE ARCHES INTERCHANGE. 1) Adopt Resolution No. 2000 -19 prohibiting skateboarding on certain streets and sidewalks and rescinding Resolution No. 97 -34; and 2) direct staff to contact Caltrans to obtain authorization to install the appropriate signs oh State property. 7. RESOLUTION TO THE ORANGE COUNTY BOARD OF SUPERVISORS REGARDING THE PROPOSED ANNEXATION OF SANTA ANA HEIGHTS. Adopt Resolution No. 2000 -20 requesting the Orange County Board of Supervisors' support for the annexation of Santa Ana Heights. CONTRACTS AND AGREEMENTS 8. JOINT USE AND MAINTENANCE AGREEMENT BETWEEN THE HARBOR VIEW COMMUNITY ASSOCIATION AND THE CITY OF NEWPORT BEACH FOR MAINTENANCE OF A PORTION OF BUFFALO HILLS PARK ADJACENT TO 1854 PORT WESTBOURNE (PARCELS 1 AND 2 OF LOT LINE ADJUSTMENT NO. 98 -02, AND RECORDED AS DOCUMENT NO. 19990759637 IN THE OFFICE OF THE ORANGE COUNTY RECORDER). 1) Approve an Agreement for Joint Use and Maintenance of a portion of Buffalo Hills Park adjacent to 1854 Port Westbourne for maintenance of improvements around the Harbor View Community Association's recreation facility; 2) authorize the Mayor and the City Clerk to execute the agreement; and 3) authorize the direct the Volume 53 - Page 210 111017 oti:1 Res 2000 -16 Census(68) Res 2000 -17 Arterial Highway Rehabilitation Program (74) Res 2000 -18 Parking Lot Fees (40/85) Res 2000 -19 Skateboarding Restrictions/ Arches Interchange (85) Res 2000 -20 Santa Ana Heights Annexation (21) C -3329 Buffalo Hills Park/ 1854 Port Westbourne (38) City of Newport Beach City Council Minutes February 22, 2000 uA City Clerk to have the agreement recorded with the Orange County Recorder. 9. APPROVAL OF SUBDIVISION AGREEMENT FOR RESUBDIVISION Resub 1071 NO. 1071, BROAD STREET AND WESTMINSTER AVENUE. Broad Street/ 1) Approve a subdivision agreement guaranteeing completion of all public Westminster improvements required with Resubdivision No. 1071; and 2) authorize the Avenue Mayor and the City Clerk to execute the agreement. (84) 10. JAMBOREE ROAD REHABILITATION - EAST COAST HIGHWAY TO C -3242A SAN JOAQUIN HILLS ROAD (C- 3242A) - COMPLETION AND Jamboree Road ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Rehabilitation Notice of Completion; 3) authorize the City Clerk to release the Labor and (38) Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; 4) release the Faithful Performance Bond 6 months after Council acceptance; and 5) authorize the Mayor and City Clerk to execute an agreement for a guarantee against defective workmanship and materials. 11. MACARTHUR BOULEVARD WIDENING PROJECT C -2825 RECONCILIATION, SEGMENT I AND II (C- 2825). 1) Approve a budget BA -039 amendment (BA -039) to transfer $22,423.08 from the CIOSA Loan MacArthur Blvd Expenditures Fund Account No. 7432- C5100066 to the Measure M Widening Project Competitive Fund Account No. 7284- C5100066; and 2) approve a budget Reconciliation amendment (BA -039) to transfer $157,700.53 from the Transportation & (38/40) Circulation Fund Account No. 7261- C5100066 to the Measure M Competitive Fund Account No. 7284- C5100066. 12. AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT FOR C -3229 PLANNING CONSULTANTS RESEARCH, INC. FOR ADDITIONAL Conexant Systems SERVICES IN THE PREPARATION OF THE ENVIRONMENTAL Expansion Project IMPACT REPORT (EIR) FOR THE CONEXANT SYSTEMS, INC. EIR EXPANSION PROJECT. Approve the proposed amendment to the (38) professional services agreement with Planning Consultants Research, Inc. (PCR). 13. ANNEXATION UPDATE AND AGREEMENT WITH THE IRVINE C -3330 RANCH WATER DISTRICT OVER WATER AND SEWER SERVICE IN Water and THE PROPOSED ANNEXATION AREAS. Receive and file the Sewer Service/ agreement between the Irvine Ranch Water District and the City of Newport Annexation Beach relative to annexation. (21/38) MISCELLANEOUS ACTIONS 14. PLANNING COMMISSION AGENDA FOR FEBRUARY 17, 2000. Planning Receive and file. (68) 15. DONATION OF PROPERTY. Approve the donation of a child's play unit Donation of to Orange Coast College. Property (73) 16. BUDGET AMENDMENT (BA -040) TO REPLACE THE BUILDING BA -040 DEPARTMENT COPIER. Approve BA -040 to transfer $7,678.26 from the Building Volume 53 - Page 211 City of Newport Beach City Council Minutes February 22,2000 INDEX Volume 53 - Page 212 2900 -4310 "Building Permits Revenue Account" to Building Department Department "Office Equipment Account" (2900.9000) for the purchase of a replacement Copier copier. (26/40) 17. BUDGET AMENDMENT (BA -041) TO TRANSFER MONEY FROM BA -041 RESERVES PER COUNCIL POLICY FOR REFURBISHMENT OR Tennis Courts/ DEVELOPMENT OF TENNIS COURTS OR NEW RECREATIONAL Recreational PROGRAMS ($13,000). Approve BA -041. Programs (40/62) 18. BUDGET AMENDMENT (BA -042) TO TRANSFER $10,000 FROM THE BA -042 LIBRARY LIABILITY ACCOUNT 800 -2248, DONATIONS GIVEN TO Library THE LIBRARY TO SUPPORT LITERACY SERVICES, TO REVENUE Donations ACCOUNT 4010 -5901. Approve BA -042. (40/50) 19. TRANSFER FUNDS FROM PACIFIC LIFE FOUNDATION AND THE BA -043 EMERGENCY MANAGEMENT ASSISTANCE GRANT PROGRAM TO Disaster FIRE AND MARINE DEPARTMENT DISASTER PREPAREDNESS. Preparedness Approve BA -043. (40/41) 20. Item removed from the Consent Calendar by Council Member Ridgeway. 21. SPECIAL REFUSE COLLECTION. Approve a special refuse collection BA -044 for the Harbor View and Newport Hills Associations and a budget Refuse Collection amendment (BA -044) in the amount of $3,559.18. (40/44) 22. SIGNAGE ON COAST HIGHWAY AT SUPERIOR AVENUE AND Signage on BALBOA BOULEVARD. Receive and file. Coast Hwy (85) 23. REVIEW MARINA PARK REQUEST FOR PROPOSALS (RFP). Direct C -3316 the City Manager to have staff review the eight (8) proposals to the City's Marina Park Marina Park Request for Proposals (RFP) and identify the proposals' RFP features. (38/73) S28. Item removed from the Consent Calendar by Mayor Noyes. Motion by Mayor Pro Tern Adams to approve the Consent Calendar, except for those items removed (20 and S28). The motion carried by the following roll call vote: Ayes: Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Thomson ITEMS REMOVED FROM THE CONSENT CALENDAR 20. PUBLIC INFORMATION FUNCTION. Public Information Council Member Ridgeway commented on the request to fund the public Function information officer at a cost of $55,000 for the remainder of the 1999 -2000 (66) Volume 53 - Page 212 City of Newport Beach City Council Minutes February 22, 2000 INDEX fiscal year. He stated that the remainder of the fiscal year is only a period of four months and that the City could more effectively communicate with its citizens through the City's WebPage or a proactive letter or in another way that adequately uses the City's current resources. He stated that he understood the need for a public information officer (PIO). City Manager Bludau stated that the $55,000 includes the mailing, preparation and printing of one newsletter. He added that he's trying to find a gentle way to move into a contracted PIO -type position. He stated that current resources are already committed and that producing a newsletter is a major undertaking. City Manager Bludau stated that he'd like the new function to deal with the press, produce press releases and newsletters, and also handle customer complaints that may involve several departments. He stated that he wants to test the function over the next four months and see if it is useful to the City. He added that the first thing he would have the person do is put together a public relations effort in regards to the new trash container requirement. Council Member Ridgeway asked about the cost of the newsletter, how it would be distributed and what it would look like. City Manager Bludau explained that the newsletter is budgeted as a mailing and he'd like to see what type of effectiveness it can have. He added that the PIO would also make sure the City's WebPage and other numerous communication mechanisms are kept updated. Council Member Ridgeway again asked about the cost to print and mail a newsletter, and what quantity would be distributed. Deputy City Manager Kiff stated that the budget amendment would allocate $20,000 to the City Manager's Professional Services Account, which would be for the contract services mentioned earlier. He stated that $36,000 was already budgeted in the current fiscal year to produce four quarterly newsletters. He stated that it costs just over $8,000 to design, produce, print and mail a single newsletter to every resident in the City, and that the two newsletters that were accomplished prior to the current fiscal year were fairly monumental efforts. He concluded by stating that much of the effort of the newsletter prepared by the new PIO would be in setting up the design and putting together a consistent visual effort for the City. Council Member Debay referred to the staff report and the desire to consolidate several of the City's disparate publications into a single publication, and stated that she recently received an outdated piece of material from the library. She stated her support for the recommended action. Mayor Pro Tem Adams confirmed with Deputy City Manager Kiff that the cost of the contract services would be less than $5,000 per month. City Manager Bludau added that it is an estimate. Council Member Ridgeway stated that of the $36,000 that was previously budgeted for four newsletters, probably only $8,000 will be used for a single publication in the current fiscal year. Deputy City Manager Kiff agreed and Volume 53 - Page 213 City of Newport Beach City Council Minutes February 22, 2000 explained that the budget amendment is to place money into the Professional Services Account. He said the unspent money budgeted for the newsletters will roll into the next fiscal year in the Fund Balance Reserves Account. Council Member Ridgeway asked if the intent in hiring a PIO was for the position to be in -house or contracted. City Manager Bludau explained that the intent is by contract services and to get some experience with the function. He said if the function proves itself and the need for a full -time employee develops, a change can me made later. Council Member O'Neil stated his support for the concept, but added that he didn't understand the need for a budget amendment when only $28,000 of a previously budgeted $36,000 will be spent. Additionally, he stated that he thought the City Manager had authority to hire consultants in situations such as this. City Manager Bludau stated that he does have the authority to hire consultants, but that the City Council had previously asked for him to return with a proposal for a public information function. Council Member O'Neil stated that a budget amendment does not have to be approved by the City Council. City Manager Bludau agreed and said that just the concept could be approved. Motion by Mayor Pro Tem Adams to approve a Public Information Function staffed by a part -time contractor reporting to the City Manager's office. The motion carried by the following roll call vote: Ayes: Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Thomson S28. STATUS REPORT FROM THE AVIATION COMMITTEE ON EL TORO AIRPORT ISSUES BY TOM NAUGHTON. Tom Naughton, President of the Airport Working Group of Orange County (AWG), began by providing some background information. He stated that he began his career with Douglas Aircraft, which later became McDonnell Douglas and then Boeing, from which he retired. He's lived in Newport Beach for 31 years, has been married for 54 years and has two children, plus grandchildren. Mr. Naughton stated that he became involved with the airport issue in 1994 because he had technical comments for ETRPA (El Toro Re -Use Planning Authority). Mr. Naughton stated that he had three items he wanted to discuss at the current meeting, and began by providing a handout addressing the demand analysis for the region from Ventura to San Diego. The handout included plots for both passenger and air cargo demand. He said the information was Volume 53 - Page 214 INDEX El Toro Airport Issues (54) City of Newport Beach City Council Minutes February 22, 2000 INDEX being looked at by various agencies and has been agreed upon by the Federal Aviation Administration (FAA). In response to the demand analysis, Mr. Naughton stated that Supervisor Tom Wilson had previously stated that high speed trains would be built throughout Orange County to run to the existing airports in the region, and then later said they would look at Camp Pendleton again. He stated that Supervisor Wilson has now decided that there is no demand for additional airport services, and that Newport Beach doesn't need to worry about John Wayne Airport being expanded. Mr. Naughton again stressed that the FAA has already agreed with the demand analysis. Mr. Naughton stated that he, secondly, wanted to discuss flight safety and the safety of operations out of the proposed El Toro Airport. He said he had analyses going back to 1989 to the most recent demonstrations on June 4th and 5th, 1999. He stated that eight carriers participated in the flight demonstrations. Mr. Naughton provided samples of letters written by two of the airlines in response to his letter regarding the demonstrations. He read from his letter to the airlines and the response from Alaska Airlines, which stated that they used criteria from the FAA to determine that the departure on runway 34 was safe for commercial operation and that the airplane performed well. Thirdly, Mr. Naughton stated that he wanted to discuss Alternatives F & G in the EIR (Environmental Impact Report). He emphasized that the County considers Alternatives F & G to be reasonable alternatives. Mr. Naughton stated that he didn't feel that expanding John Wayne Airport was a reasonable alternative to the proposed E1 Toro Airport. He provided handouts, prepared by Rick Taylor of AWG, which gave an overview of Alternatives F & G. He announced that the entire EIR is available at 63 libraries throughout the County. Mr. Naughton discussed the expansion of John Wayne Airport if Alternative F were chosen, which plans for 14 million annual passengers (MAP). He stated that Alternative G plans for 25 MAP and condemns 700 acres of land surrounding the existing John Wayne Airport to accommodate projected aviation activities. Mr. Naughton stated that the only thing keeping John Wayne Airport from expanding today is an 8.4 MAP cap in a settlement agreement that expires in 2005. He said that some are counting on the other airports in the region to expand their operations, but Mr. Naughton stated that if those expansions don't happen, all eyes will be directed at John Wayne Airport. Council Member Glover, as Chair of the Aviation Committee, stated that there are sixteen citizens on the Aviation Committee, one member and one alternate from each Council district. She stated that there is also a seat for the AWG president, which Mr. Naughton fills. Council Member Glover stated that the Committee decided to have a member or alternate speak at each City Council meeting to provide a five- minute presentation of a current topic regarding the airport issue. She stated that the speakers are also being asked to provide a little background information on themselves, such as Mr. Naughton did, so that the citizens can understand who's serving on the Committee and what their commitment is. She acknowledged Volume 53 - Page 215 City of Newport Beach City Council Minutes February 22, 2000 INDEX Mr. Naughton's efforts regarding his involvement with AWG. Mr. Naughton thanked the City Council for their support. He said that AWG and the other pro -El Toro Airport organizations are all working together and compliment each other. He stated that the organizations are supportive of Cynthia Coad's plan, which goes to 2010 and recommends that the proposed El Toro Airport handle 18 MAP while John Wayne Airport would handle 9 MAP. Mr. Naughton concluded by stating that AWG members are speaking at other locations throughout the City tonight and in the coming weeks to enlighten the public and hopefully get them to support AWG's cause. Council Member O'Neil complimented, acknowledged and thanked AWG for working longer than any other organization in dealing with the expansion of John Wayne Airport. He stated that it is important for people to understand that AWG and the City are not supportive of closing John Wayne Airport but are, instead, supportive of the Cynthia Coad two - airport system which spreads and shares the burden reasonably and fairly. Council Member O'Neil added that Measure F on the March 7, 2000 ballot would require a two - thirds vote to build new jails, new landfills and new airports. He said it's important for people to understand that the two - airport system cannot go through if Measure F passes. Mayor Pro Tem Adams expressed his gratefulness to AWG and the other groups for the countless hours spent by volunteers. He stated that he is the Council liaison to AWG and tries to attend most of the meetings. He said he is always very impressed with their efforts. Council Member Glover announced that some speakers may appear during Public Comments section of the agenda to urge voters to vote no on Measure F. PUBLIC COMMENTS Mayor Noyes clarified the announcement he made earlier during City Council Announcements regarding the next meeting of Speak Up Newport. Russell Niewiarowski, 20102 Kline Drive, Santa Ana Heights, stated that he and Charles Griffin have put together the Wildlands Ranch Plan (Irvine International). He provided a handout illustrating the plan and said it's a four- runway plan for El Toro Airport, accommodating all items of interest in the AOSP plus more. He stated that the purpose of the plan is not to complicate the process, but to insure that an airport is built at the El Toro site. Mr. Niewiarowski explained that the Wildlands Ranch Plan provides for a quieter and safer airport than is currently being proposed at the site. He added that his handouts also include information on a suggested land trade negotiation with The Irvine Company. He said the land trade is crucial for the dual- runway system and that it is up to The Irvine Company to make this happen. Charles Griffin stated that the Wildlands Ranch Plan layout was put together in response to comments in EIR 573, which stated that the V -plan Volume 53 - Page 216 City of Newport Beach City Council Minutes February 22, 2000 was not as efficient as the County's parallel runway plan. He stated that widely spaced runways are possible at the site, because of the existence of a three -mile wide corridor, and would provide for future growth. Mr. Griffin emphasized that Planning Area 17 needs to be obtained and left as open space because it would be the gateway to the three -mile wide corridor. Dan Stringer stated that many people do not understand Measure F, which is on the March 7, 2000 ballot. He stated that a no vote means yes to El Toro Airport, and a yes vote means no to El Toro Airport. PUBLIC HEARING 24. VACATION AND ABANDONMENT OF A PORTION OF A 10 -FOOT WIDE SEWER EASEMENT LOCATED ACROSS THE PARCEL AT 112 KINGS ROAD (LOT 3, BLOCK E, TRACT 1219), LOCATED IN THE CLIFFHAVEN AREA. Public Works Director Webb stated that an old sewer line in the area was abandoned which means that an easement is no longer needed. Mayor Noyes opened the public hearing. There being no testimony, Mayor Noyes closed the public hearing. Motion by Council Member Glover to adopt Resolution No. 2000 -21 ordering the vacation and abandonment of the 10 -foot wide sewer easement; and to direct the City Clerk to have the resolution recorded by the Orange County Recorder. The motion carried by the following roll call vote Ayes: Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Thomson CURRENT BUSINESS 25. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION AND APPOINTMENT BY MAYOR OF AN AD -HOC APPOINTMENTS COMMITTEE. Motion by Council Member Glover to accept the resignation of Richard Fuller from the Planning Commission effective March 31, 2000 or at the time the City Council appoints a replacement, whichever comes first (term expires June 30, 2003); direct the City Clerk to advertise the vacancy pursuant to Council Policy A -2; and confirm the appointment of Mayor Noyes, Mayor Pro Tem Adams and Council Member O'Neil to serve on the Ad Hoc Appointments Committee. The motion carried by the following roll call vote: Volume 53 - Page 217 INDEX Res 2000 -21 Vacation and Abandonment/ 112 Kings Road (90) Planning Commission Vacancy (24) City of Newport Beach City Council Minutes February 22,2000 Mayor Noyes Noes: None Abstain: None Absent: Thomson Mayor Pro Tern Adams thanked Mr. Fuller for serving on the Planning Commission and agreeing to stay on until a replacement appointment is made. 26. PHASING AND ESTIMATES FOR THE BALBOA VILLAGE PEDESTRIAN AND STREETSCAPE IMPROVEMENT PLAN (VILLAGE PLAN) AND THE BALBOA PIER PARKING LOT IMPROVEMENTS. Public Works Director Webb stated that staff was directed to review the plan and cost estimates prepared by Ron Baers of Planning and Urban Design Resources, and evaluate the overall program and how the project might be put together and funded. He said the revised cost estimates are up from $3.6 million to $7.5 million, which incorporates engineering costs as well as a contingency. He explained that the contingency is needed because numerous unknowns are often uncovered during the design process in large projects such as this. Public Works Director Webb stated that staff has looked at how the $7.5 million might be phased over a period of time and that a recommended course of action is shown on Page 4 of the staff report. He went through the elements of the initial design phase, Phase 1 and Phase 2. He also referred to Page 6 of the staff report and the Funding Sources of the three phases, with funding to be incorporated over five fiscal years through 2003/2004. Public Works Director Webb stated that two options are available to the upgrade in Peninsula Park, as mentioned in Recommendation D and illustrated in drawings in the staff report. He said that Alternative A reconstructs a few of the sidewalks, works on the gazebo and is estimated at approximately $80,000. He stated that Alternative B would include a regrading of the park area and is estimated to be approximately $200,000 to $300,000. Public Works Director Webb went through the other recommendations made by staff. He stated that the environmental clearances and permits in Recommendation B would be worked on concurrently during the design phase. He stated that the area to be included in the property owner- funded Underground Utility Assessment District, Recommendation C, is mapped on the last page of the staff report, that 87 parcels are involved and that the assessment district would cost approximately $1 million. He said that staff will probably recommend that the owners of the smaller lots pay approximately $8,000 to $9,000. He stated that the concept in establishing the district is that many power poles will have to be relocated anyway during the significant improvements being made to the roadways. He said this also gives the property owners a chance to put something into the area. Pubic Works Director Webb stated that the City would pay for the Volume 53 - Page 218 INDEX Balboa Village Pedestrian and Streetscape Improvement Plan/ (Village Plan)/ Balboa Pier Parking Lot Improvements (68) City of Newport Beach City Council Minutes February 22, 2000 INDEX undergrounding on the parcels owned by the City only. He added this would be a small share of the total. Council Member Glover stated her concern that a lot of money has already been spent on the peninsula and that in order to be fair to the entire City, the other older parts of the City should be considered at the same time. She said these areas would include Corona del Mar, Mariners' Mile and Balboa Island. Council Member Glover agreed that money should be spent, but that it is only fair to consider the needs of the other areas when looking at the peninsula. Council Member Ridgeway stated that the City is going to have to make an investment to save the peninsula area. He disagreed with Council Member Glover's suggestion to include the other areas at the same time that the peninsula is looked. He also disagreed that a lot of money has already been spent on the peninsula. He feels that the property owners are ready to invest in the undergrounding and added that the peninsula is the only area in the City that has the demographics to qualify for CDBG funding. He said there is a great opportunity to upgrade this deteriorated area with both public and private investments. Council Member Debay stated that the improvements on the peninsula have been in the planning stages for a long time. She stated her support for the phasing through a four -year plan, getting the buses off the street and making improvements to the infrastructure. Council Member Debay added that a renewal project in West Newport to underground the power poles will allow for ADA improvements to the sidewalks and she asked that some of the CDBG funds be directed to this project also. Council Member Ridgeway stated his support for the use of the CDBG funds in West Newport as well. Council Member Glover agreed that the peninsula has been discussed for several years, but she said that the pavers and some of the other work being discussed for Balboa Village are new. She clarified that she's not opposed to the improvements being discussed for the peninsula but that the beautification decisions should not be made until the other older parts of the City are also looked at. She stated that, in the past, the City Council has been conservative and relied on the businesses to make such improvements but if changes are now going to be made on the peninsula, the proposal from Mariners' Mile and the requests from Corona del Mar should also be considered. Council Member Glover added that Coast Highway leaves one of the biggest impressions on visitors to the City. Tom Ahern, 1310 E. Balboa Blvd., President of the Balboa Peninsula Point Association, stated that the Association's only concern with the plan is that Balboa Boulevard isn't wide enough to accommodate the changes being recommended. He suggested that money, instead, be spent to really revitalize Balboa Village, as has been done in Old Towne Pasadena and Santa Monica's Third Street Promenade. He said the merchants in the area need help and that widening the streets won't be enough. He added that the residents want to see more businesses in the area. Volume 53 - Page 219 City of Newport Beach City Council Minutes February 22, 2000 INDEX Council Member Ridgeway clarified for Mr. Ahern that the streets aren't being widened, they are instead being narrowed so as to allow for the widening of the sidewalks. Additionally, he added that cars will not be allowed to park on Balboa Boulevard except in a couple of pocket stalls. He said the intent is to make the area a pedestrian friendly village. Council Member Debay added that the City Manager of Pasadena at the time that Old Towne was created is now an employee in Orange County and has offered to share his expertise with Newport Beach. Mr. Ahern stated that Old Towne Pasadena is a special conditional use permit district, and that the Third Street Promenade has an independent contractor who manages the area. He added that Laguna Beach is facing the same issues of revitalization. Council Member Ridgeway stated that Seal Beach, Belmont Shores, Manhattan Beach, Hermosa Beach, Old Towne Pasadena and other areas were visited during the planning process. He pointed out that every district was revitalized through sidewalk treatment and revenue from parking. Curt Herberts stated that the sidewalks are cracked, the curbs are broken, and they should have been fixed block by block over the years. He said that the money should have been spent over the last twenty to thirty years. He stated that he owns the building that houses the Balboa Saloon, and that the sidewalk around it is a disaster. He is concerned that someone is going to get hurt. Tom Hyans, President of the Central Newport Beach Community Association, disagreed with Council Member Glover's previous comments and said the peninsula is the reason the City has CDBG funds. He said he and the Association have participated in the process of putting the plan together, and he has been concerned that the commercial interests between Adams and A Street weren't getting as involved as they should be. He said the business owners have been involved, but the property owners have not. He additionally stated his concern that many of the improvements to Balboa Boulevard still need to be completed, and he thought they should be a part of the plan but has learned that the funding is different. He stated that he hoped the schedule for the completion of Balboa Boulevard is adhered to. Mr. Hyans stated his support for the plan. Bill Wren, 1118 E. Balboa Blvd., Balboa Performing Theater Arts Foundation, thanked the City Council for finally doing something on the peninsula. He expressed the theater's support for the plan and the hopes that the process gets underway as quickly as possible. Mr. Wren asked that the Balboa Boulevard work be phased in with the theater work, if possible. Britta Pulliam, Britta's Cafe, President of the Balboa Merchants /Owners Association (BMOA), has seen many businesses leave over the years. She stated that the peninsula is vital and the improvements to it cannot wait any longer. She stated her support for the plan and said it finally connects everything together and will bring quality businesses to the area. She said that it has been difficult to have a business in a declining area. Ms. Pulliam Volume 53 - Page 220 City of Newport Beach City Council Minutes February 22, 2000 INDEX expressed the importance of widening the sidewalks, making the parking safer and more adequate and undergrounding the utilities, and agreed that it is important for the landowners to participate in the redevelopment. She concluded by stating that the sooner, the better, in beginning the improvements. Bob Black, Balboa Pavilion, Board Member of the BMOA, related his involvement with the process over the years and said that pavers have been mentioned before. He complimented those who have contributed in the process, and is happy with the new aspect of undergrounding the utilities and involving the property owners. He said the merchants and owners will continue to assist in the process and plan to work on the building facades. Council Member Ridgeway stated that a major renovation of the Balboa Pavilion is being planned in conjunction with the proposed project. Mr. Black added that the owners want to make changes and it's a bonus that the other improvements are being planned. Mayor Noyes commented that the Balboa Pavilion is probably the symbol of Newport Beach. Joseph Saloman, owner of a business on Main Street, Board Member of the BMOA, stated that he's seen a lot of work done and money spent in the last nine years. He stated that the proposed plan is the first sensible and workable plan he's seen. He said the business community on the peninsula is teetering on collapse. He said the merchants and owners have bought flowerpots and trashcans, and are willing to make the effort. He requested that the decision to move forward with the plan begin as soon as possible. Mr. Saloman concluded by stating that the streets of Balboa Boulevard are a disgrace and should be repaired. Rod Harter, General Manager of the Balboa Inn, stated that he is fairly new to the area so does not know the history of what's happened on the peninsula. He did, however, state that he knows people come to the peninsula for the sandy beaches and that they access the beaches via the Newport and Balboa pier areas. Mr. Harter stated his concern that once the people come for the water and beach activities, they don't stop and stay and enjoy the other amenities of the peninsula. He said this is because the peninsula is not very attractive. He suggested that something must get them to stay, and that a better impression must be left. He stated his support of the proposed plan. Council Member Ridgeway confirmed with Mr. Harter that he also supports the proposed assessment district. Virginia Herberts stated that she had an earlier concern that there weren't enough parks between Main Street and Washington, but she understands that these have now been incorporated into the plan. She stated her support for the proposed plan and said that, as a property owner, she would also contribute to an assessment district. Council Member Glover stated that she has observed that the villages that Volume 53 - Page 221 City of Newport Beach City Council Minutes February 22, 2000 work do so because the people in the area make as many purchases in their village as possible. She referred to a specific community in the Oakland area that has thrived despite bad sidewalk and few trees. She stated that the Balboa Village area residents need to do the same thing. She said a village is made when the people around it consciously make their purchases within it. Ms. Herberts agreed and said that they do try to frequent the establishments in their area. She cited the new Shore House restaurant and Britta's Cafe as examples. Council Member Ridgeway also cited Claude's Bakery as another example of a good place to make purchases. Mayor Noyes agreed with the Shop Newport concept. He stressed how important it is to keep tax dollars within the City, and pointed to the fact that the restaurants in the City generate twice as much sales tax as the car dealerships. He further agreed with Council Member Glover that all of the districts in the City need to be treated fairly, but he feels that the City Council also needs to prioritize. Mayor Noyes stated his opinion that the peninsula has been in trouble for a long time and the other older parts of the City are doing much better. He stated that it feels like a lot of money has been spent on the peninsula, but that there have really only been discussions and studies. Mayor Noyes feels that staff and the contractors should be challenged to do this project right. He added that the assessment district might help to get the property owners more involved. Mayor Noyes concluded that he supports the plan and knows that adaptations to the plan will be made where necessary. Council Member Ridgeway stated that it is time to invest in the project. Motion by Council Member Ridgeway to A) direct staff to solicit proposals for professional services to: 1) proceed with the design of the Balboa Pier Parking Lot per the Village Plan and the Austin -Foust Associates concept plan; 2) proceed with the design of Balboa Boulevard from A Street to Adams Street per the Village Plan and Public Works Design Criteria for streets and drainage; and 3) proceed with the design for the Village Plan pedestrian and streetscape improvement; B) direct staff to proceed with environmental clearances and permits; C) direct staff to pursue forming a property owner - funded Underground Utility Assessment District; and D) direct staff to proceed with the more extensive refurbishment option for the upgrade of Peninsula Park. The motion carried by the following roll call vote: Ayes: Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Thomson 27. REVISION OF COUNCIL G-1 TREE POLICY. Jan Vandersloot stated that Council Policy G -1 used to be a tree preservation policy, but was changed because of two individuals. He pointed out that from March 3, 1998, through June 1, 1999, there were seventeen appeals involving twenty -five trees considered for removal by the Parks, Volume 53 - Page 222 `"L"l � G -1 Tree Policy (62/69) City of Newport Beach City Council Minutes February 22, 2000 W1�• Beaches & Recreation Commission. He stated that since the new revision has been discussed, 72 individuals are talking about replacing their trees. He stated that the current policy is not broken, and the new revision only opens the door for tree reforestations and has language that easily lets people manipulate the policy to be able to remove trees. He said the G -1 Policy should value the trees in the City and reflect common sense. Lastly, Mr. Vandersloot commented on a grant received by SPON (Stop Polluting Our Newport) from a State organization for 76 hours of a certified arborist's time to help the City write and evaluate a comprehensive tree policy for the City. City Manager Bludau confirmed with Mr. Vandersloot that the grant could be used for recommendations on tree removals, to rewrite the tree policy or whatever use the City might have with regards to this matter. Mr. Vandersloot added that the old G -1 policy listed the criteria that had to be met in order to remove a tree, but the new policy allows for reforestations for vague reasons. Council Member Ridgeway stated that many people worked to bring about the proposed comprehensive policy. He added that the new policy airs on the side of safety and is very protective of trees and provides for reforestations, not removals. Motion by Council Member Ridgeway to adopt the amendments to the G -1 Policy as recommended by the Parks, Beaches and Recreation Commission. Kent Moore thanked the Parks, Beaches & Recreation Commission and General Services Director Niederhaus for their efforts. He stated that the process has been difficult with valid arguments on both sides. He stated his support for the proposed policy. He suggested that the new policy be given a chance to work. Irene Black, resident of Baycrest, stated that opening up reforestation to any individual property owner without goals, limitations and definitions will be a problem. She stated that the Parks, Beaches & Recreation Commission will have difficulty without clear goals and definitions. She suggested that a dispute resolution procedure also be put in place. Council Member O'Neil stated that his district has many terraced communities and understands that other areas in the City may not have view issues. He said that safety and emotions also play a factor. He agreed with Council Member Ridgeway that the proposed policy allows for replacement or reforestation of trees. He feels the policy is comprehensive, has been thoroughly reviewed and he suggested that it be given a chance. Council Member Glover stated that she would not be supporting the motion. She stated her understanding of the problems in the terraced communities but, for her, the key word is "preservation ". She stated that she would have difficulty supporting reforestation for non - terraced areas. Mayor Pro Tem Adams additionally stated that he would not be supporting Volume 53 - Page 223 City of Newport Beach City Council Minutes February 22, 2000 the motion. He expressed his respect for the work that has gone into the proposed policy, but he feels that the removal policies have become too liberal. The motion carried by the following roll call vote: Ayes: Debay, Ridgeway, O'Neil, Mayor Noyes Noes: Glover, Adams Abstain: None Absent: Thomson MOTION FOR RECONSIDERATION - None. ADJOURNMENT - 9:20 p.m. The agenda for the Regular Meeting was posted on February 16, 2000, at 3:16 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 February 18, 2000, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 53 - Page 224 INDEX