HomeMy WebLinkAbout07/08/1996 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
July 8, 1996 - 7:00 p.m. INDEX
• CLOSED SESSION - 5:00 p.m. [Refer to separate agenda from City Attorney]
CLOSED SESSION REPORT PRESENTED - None
RECESSED AND RECONVENED AT 7:06 P.M. FOR REGULAR MEETING
ROLL CALL
Present: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor Hedges
Absent: None
Motion by Mayor Hedges to continue to July 22, 1996 the approval of the minutes
of June 24, 1996 with noted corrections to be transmitted to the City Clerk. The
motion carried by the following roll call vote:
Ayes:
O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor Hedges
Noes:
None
Absent:
None
Abstain:
None
Motion by Mayor Pro Tern Debay to waive reading of ordinances and resolutions
under consideration, and direct City Clerk to read by titles only. The motion
carried by the following roll call vote:
MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE
AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM):
• Council Member Debay requested cost information for doggy disposal
bags and signage in the City parks.
• Mayor Pro Tern Debay thanked Police and Fire that were on duty on the
4th of July and requested a staff debriefing on the activities /events of the
day.
• Mayor Hedges requested that staff contact other cities to get information
about creating a Council aide as another Council appointed position with
the duties to be set forth by resolution. Council would make the
appointment and the aide would work on a volunteer basis with the job
being a city position and equal to a committee member.
• Mayor Hedges requested that staff contact other cities with respect to
Public Safety Departments which combine the duties of both police and
firefighters. He asked for information pertaining to organization structure
and efficiencies that other cities have benefited from by creating that
• kind of department.
Volume 50 - Page 196
Ayes:
O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor Hedges
•
Noes:
Absent:
None
None
Abstain:
None
MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE
AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM):
• Council Member Debay requested cost information for doggy disposal
bags and signage in the City parks.
• Mayor Pro Tern Debay thanked Police and Fire that were on duty on the
4th of July and requested a staff debriefing on the activities /events of the
day.
• Mayor Hedges requested that staff contact other cities to get information
about creating a Council aide as another Council appointed position with
the duties to be set forth by resolution. Council would make the
appointment and the aide would work on a volunteer basis with the job
being a city position and equal to a committee member.
• Mayor Hedges requested that staff contact other cities with respect to
Public Safety Departments which combine the duties of both police and
firefighters. He asked for information pertaining to organization structure
and efficiencies that other cities have benefited from by creating that
• kind of department.
Volume 50 - Page 196
City of Newport Beach
City Council Minutes
July 8, 1996 INDEX
CONSENT CALENDAR
ORDINANCES FOR INTRODUCTION
1. INTRODUCE ORDINANCE NO. 96 -26 ADOPTING THE FIRST AMENDMENT
Ord 96 -26
TO DEVELOPMENT AGREEMENT NO. 8 BETWEEN THE CITY OF
PCA 848
NEWPORT BEACH AND THE FORD MOTOR LAND DEVELOPMENT
•
Zoning
CORPORATION WITH RESPECT TO THE FORD LAND /NEWPORT
(94)
PROJECT. (The Ordinance Will Revise And Refine The Definitions And
Developments Standards For Planning Area 4 (Ford Land Development)
Which Will Reduce The Permitted Number Of Dwelling Units From 500 To.
450 And Provide Development Standards For A Detached Single - Family
Development). Introduce Ordinance, Pass To Second Reading And Schedule
A Public Hearing For July 22, 1996 To Consider The Ordinance (First
Amendment To Development Agreement No. 8) And Zoning Amendment No.
848.
2. Removed from Consent Calendar.
ORDINANCES FOR ADOPTION
3. ADOPT ORDINANCE NO. 96 -24, ADDING CHAPTER 6.08 TO NEWPORT
Ord 96 -24
BEACH MUNICIPAL CODE PERTAINING TO FOOD HANDLING
Health /Sanitation
BUSINESSES AND HEALTH SERVICES FEES.
(27/40)
RESOLUTIONS FOR ADOPTION
4. ADOPT RESOLUTION OF INTENTION NO. 96-45 INITIATING AN
Res 96-45
AMENDMENT TO TITLE 20 OF THE NBMC PERTAINING TO THE
Balboa Island /Little
REVISION OF DEVELOPMENT STANDARDS FOR RESIDENTIAL
Balboa Island
• CONSTRUCTION ON BALBOA ISLAND AND LITTLE BALBOA ISLAND
AND REFER AMENDMENT TO PLANNING COMMISSION (Proposed
Zoning
(68)
Amendment Will: 1) Require Two (2) Enclosed Parking Spaces For Each New
Dwelling Unit; 2) Establish An Open Space Requirement For The Front And'
Rear Yards Of New Residences; And 3) Increase The Permitted Floor Area To
1.5 Times The Buildable (As Defined By Section 20.14) Plus 200 S.F. Or
Exclude A Portion Of The Required Parking From The Calculation).
5. GENERAL MUNICIPAL ELECTION - NOVEMBER 5, 1996:
General Election
November 1996
a) Adopt Resolution No. 96 -46 Calling And Giving Notice Of The Holding
Res 96-46
Of A General Municipal Election To Be Held On Tuesday, November 5,
Res 96-47
1996, For The Election Of Members Of The City Council As Required
Res 96-48
By The Provisions Of The City Charter.
(39)
b) Adopt Resolution No. 96 -47 Requesting The Board Of Supervisors Of
The County Of Orange To Consolidate A General Municipal Election To
Be Held On Tuesday, November 5, 1996, With The Statewide General
Election To Be Held On The Same Date Pursuant To Section 10403 Of
The Elections Code.
c) Adopt Resolution No. 96 -48 Adopting Regulations For Candidates For
Elective Office Pertaining To Candidates Statements Submitted To The
Voters At An Election To Be Held On Tuesday, November 5, 1996.
6. Removed from Consent Calendar.
• 7. Removed from Consent Calendar.
CONTRACTS AND AGREEMENTS
8. NOTICE OF COMPLETION - COMPLETION AND ACCEPTANCE OF
Balboa Peninsula
BALBOA PENINSULA BEACH ACCESS WALK REPLACEMENT AT 12TH
Beach Walk Replace -
STREET AND ISLAND AVENUE (CONTRACT NO. 3070). Accept The Work;
ment
Volume 60 - Page 197
City of Newport Beach
City Council Minutes
July 8, 1996
Authorize The City Clerk To File A Notice Of Completion; And 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.
9. Removed from Consent Calendar.
• 10. Removed from Consent Calendar.
11. Removed from Consent Calendar.
12. BALBOA YACHT BASIN OFFICE LEASE AGREEMENT. Authorize The
Mayor And City Clerk To Execute The Subject Lease With Don Ross, dba
Sailing Encounters, A Yacht Brokerage Business.
13. CAL -ID USER AGREEMENT - APPROVAL OF AGREEMENT. Approve 10-
Year Agreement With The County Of Orange To Share In The Operational
Costs (Along With Other Cities) For The Automated Fingerprint Identification'
System In The County Of Orange.
14. Removed from Consent Calendar.
MISCELLANEOUS ACTIONS
15. NEWPORT COAST LOCAL COASTAL PROGRAM - SECOND
AMENDMENT. Receive And File Report Of Proposed Changes To The
Program And Potential Impacts To The City.
16. MCFADDEN PLACE CERTIFIED FARMER'S MARKET. Authorize Staff To
Negotiate An Encroachment Agreement To Allow A Weekly Certified Farmer's
Market In The Municipal Parking Lot At McFadden Place And West Balboa
• Boulevard Each Tuesday Morning From 8:00 A.M. Until Noon During The
Summer Months, And 8:00 A.M. Until 1:00 P.M. During The Remainder Of The
Year.
17. APPROVAL OF CULTURAL ARTS GRANTS. Approve The Grants As
Recommended By The City Arts Commission.
18. APPROVAL OF REQUEST FOR SPECIAL EVENT PERMIT #95 -396 - 12TH
ANNUAL BASTILLE DAY INTERNATIONAL FOOD FAIRE AND BEER'
GARDEN. Approve With Conditions as Recommended by Staff.
MOTION BY MAYOR PRO TEM DEBAY TO APPROVE THE CONSENT CALENDAR,
EXCEPT FOR THOSE ITEMS REMOVED (2, 6, 7, 9, 10, 11, & 14). The motion
carried by the following roll call vote:
Ayes:
O'Neil, Edwards, Debay, Cox, Glover, Waft and Mayor Hedges
Noes:
None
Absent:
None
Abstain:
None
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. INTRODUCE ORDINANCE NO. 96 -27 AMENDING CHAPTER 5.50 OF THE
NBMC PERTAINING TO MASSAGE ESTABLISHMENTS.
• City Clerk Harkless reported that notices of objection and protest to the
proposed ordinance were presented just prior to the meeting from the following
parties: Carolyn Steven, Jae Im Miller, Chun Mi Mahan, Ok Cha Chong, Laura
Nguyen, Donna Delrosario, Andrea Daniels, Charlotte Greene, Joann Magoon,
Cynthia Tash, Mary Alvarado, Shirley Henderson, Chrissy Pham, Sherry Brown,
Debbie Ehret, Kimi Docherty, Karol Anna Tran and a pleading from the law.
Volume 50 - Page 198
INDEX
(38)
Balboa Yacht Basin/
Ross C -3090
(38)
Orange County
Cal -ID
C-3091
(38)
Newport Coast LCP
(68)
McFadden Place/
Certified Farmers
Market
Permit
(65)
Arts
(24)
Special Event
Application 95-396
(27)
Ord 96 -27
Business License/
Massage
(27)
City of Newport Beach
City Council Minutes
July 8, 1996
INDEX
Deputy City Attorney Dan Ohl reported that the proposed modifications to the
ordinance have come after approximately 18 months of study and consultation
with a number of outside experts. He said that by going through the various
proposed changes there has been a reasonable attempt to accommodate the
• practitioners, enhance the prestige of this practice and at the same time keep
those who wish to use this type of practice for less than legitimate means out of
the practice. He said that by relying on the outside experts the City is on good
footing and the ordinance and modifications proposed will best serve the public.
George Grove, Jr., 7095 Hollywood Blvd., Hollywood, said that he believes the
new revised ordinance is totally designed to eradicate and extinguish these
businesses and their personnel. He voiced concerns with the following five
sections of the ordinance: 1) Section 5.50.025 A.1.a. (pg. 9), which deals with
violations of Section 415, disturbing the peace; 2) Section 5.50.025 B.11. (pg.
13), which deals with a requirement for the posting of a bond in the amount of
$10,000; 3) Section 5.50.035 B.2. (pg. 16), which increases the hours from 300
to 500 hours; 4) Section 5.50.035 C.6. (pg. 18), which provides that the exam
be administered only in English; and 5) Section 5.50.050 B.10. (pg. 28), which
deals with the hours of operation and restricts the hours even more. Mr. Grove
stated that if the City passes this ordinance, it is unconstitutional or invalid and
if anyone is damaged as a result of that, the knowledge of the fact that it is
unconstitutional or invalid would subject the Council to personal liability. He•
said the parties he represents will not hesitate to take such actions. He asked
the Council to read the papers and objections and give due consideration before
adopting the ordinance. He said that the claims that the operators are engaging
in illegal activities are all speculation and there are no facts to support the
allegations. He said the proposed ordinance will effectively curtail these
businesses, put them out of business and eliminate the right to engage in a
lawful business.
is In response to Council Member Glover's request for clarification, Mr. Grove
reiterated that if the ordinance is unconstitutional and invalid and it is adopted
and any of his clients are damaged, he will bring an action against each one of
the Council members independently and individually for personal liability and
damages.
Mayor Hedges asked City Attorney Burnham if he would agree that the City was
just threatened with possible litigation. Mr. Burnham replied in the affirmative
and said it would be an appropriate matter to be taken under consideration in
Closed Session, although public testimony can be taken on the subject. He
said his office will provide the Council with a memo regarding the potential for
civil liability, which he believes is nonexistent.
Mr. Burnham gave his interpretation of Section 5.50.025 A.1.a. and assured Mr.
Grove that no one would be refused a massage technician permit as a result of.
a conviction for a Section 415 violation f it is based upon excessive noise.
Marcus McLaughlin, 1848 West 17th, voiced objection to the ordinance, and
said that the true and underlying purpose of the ordinance is to eliminate these
types of businesses based upon incorrect and ill- conceived notions. He said
that there have been relatively few arrests and convictions.
Dr. M.K. Hungerford, 2156 Newport Blvd., Costa Mesa, Ph.D. Physical
Therapist, owner of American Institute of Massage Therapy, commended the
City for the steps taken to bring legitimacy to the business. She noted that
• licensing has a two -fold purpose, to provide protection to the operator and to the
clientele. She stressed the importance of education, gave statistics about three
deaths from improper therapy and urged the Council to upgrade the laws.
Paul Musser, 56 Deerfield, Irvine, reported that he was involved with the
American Massage Therapy Government Relations Committee in the early
1990's, was involved with the re- creation of the present massage therapy
Volume 50 - Page 199
City of Newport Beach
City Council Minutes
July 8, 1996
INDEX
ordinance and also authored a licensing examination. He stated that he
recommended that the test be administered in English only because the schools
all teach in English. He said the exam he wrote was evaluated and tested by
five physicians, three of whom are chiropractors working closely with massage
therapists in the sports field, and they deemed that the test was entirely
appropriate based on 300 hours of training. He said that he supports the
• ordinance as proposed.
Chris Voltarel, 7291 E. Drake Dr., Anaheim Hills, representing the American
Massage Therapy Association for the California Board as the Southern
representative and as chairperson of the Orange County Unit Government
Relations, reported that she has worked with a few cities, including Newport
Beach, and has reviewed the test and proposed ordinance. She said she feels
the ordinance will protect the public and the legitimate massage practitioners
and is not intended to eliminate massage therapy from the City. She provided
information on an ordinance adopted by the City of Huntington Beach.
Gregory Perez, 23761 Mariner Dr., sports massage therapy student, noted that
the community expects therapists to be professional and clinical. He said that
standards need to be set for therapists and there should be expected levels of
education.
Shirley Henderson, Huntington Beach, reported that she spoke to an insurance
company about the bond requirement and they cannot provide it, therefore in
lieu of the bond the City will require payment of $10,000. She said that the
national certification board should administer the test since they have various
levels of tests available. She addressed concerns with provisions of the
ordinance requiring that doors remained unlocked and said she wanted her
concerns on record in the event something happens to her.
Kelly Powell, 1325 Alpine Lane, Huntington Beach, spoke in support of
continuing education and said she doesn't have any problems with the Police
. Department administering the test, however she voiced concerns with the
requirement for a bond.
Mr. Ohl explained that all existing permit holders will have twelve (12) months
to meet and comply with the 500 hour training and testing requirements.
John Black, 4001 Birch St., applauded the Police Department and said he has
seen changes since they became involved. He said he agrees with most of the
ordinance, however doesn't feel that increasing the required number of hours
will keep the prostitutes out of the business, but instead will hurt the small
legitimate operators.
Nancy Chubbs, 15251 Purdy St., Westminster, California Federation of
Massage, said she supports Mr. Black's comments, and questioned what would
happen if people upgrade and still practice prostitution. She said that
legitimacy is not necessarily a reflection of money, hours of study, or hours of
operation, although the later may be more of a reflection of legitimacy than the
othertwo.
Mr. Ohl reported that there are currently 40 -50 operators in the city and 50 -54%
have passed the test in the last 12 months.
City Attorney Burnham said the purpose of the bond requirement is to insure the
City's ability to recoup costs associated with the program, however alternative
ways to accomplish that can be researched, therefore he recommended
• deletion of this requirement from the ordinance.
Mayor Hedges questioned whether language could be drafted that would make,
as a condition of the permit, an agreement that the licensee reimburse the City
for any costs of investigation of non - compliance with the permit conditions if in
fact the non- compliance or denial are subsequently upheld. Mr. Burnham
indicated that staff would explore the legality of that and if it is determined that
Volume 50 - Page 200
City of Newport Beach
City Council Minutes
July 8, 1996
it in the ordinance for
Motion by Mayor Hedges to refer the ordinance to staff to make these changes
and any other changes which may be necessary and bring it back for
introduction on July 22, 1996, and also set for the Closed Session calendar
discussion of the threats of litigation made by Mr. Grove. At the request of
• Council Member Edwards, included in the motion was the inclusion of Mr. Black
and Mr. Musser as a sounding board to work with staff, as well as
representatives of the massage industry, in order to arrive at potential
improvements to the ordinance.
Mayor Pro Tern Debay spoke in support of the motion and said the Council has
been provided evidence of illegal activities.
Council Member Glover said all of the testimony should be considered,
however she wants to make sure the Police Department is involved in the
process since they work with it on a daily basis.
The motion carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor
Hedges
Noes: None
Absent: None
Abstain: None
6. ADOPT RESOLUTION NO. 96 -- CONSENTING TO THE SALE AND
TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE
GRANTED TO DIMENSION CABLE TO COX COMMUNICATIONS SUBJECT
TO CERTAIN CONDITIONS, INCLUDING THE DELETION OF THE
REQUIREMENT TO OPERATE A NEWPORT BEACH OFFICE AND STUDIO
• SITE.
Dolores Otting voiced concerns about the accuracy of the staff report and
questioned when the merger was approved by Council as required by the
municipal code and charter. She said that one of the reasons she is concerned,
about the sale of the company to Cox is because there was an audit going on at
that time with Dimension and Comcast for excessive rate charges, however she
never heard the results of the audit.
City Manager Murphy agreed to provide information to the Council and others
regarding the audit. He said there were some findings that there were some
shortfalls and the money was paid to the City.
Assistant to the City Manager Ducey explained that when the merger took place
in 1994 staff did not take the issue to Council. When Cox requested to change
the provisions of the existing resolution then staff felt that it was an appropriate
time to change the name of the company under the resolution and also make
the changes requested by Cox in terms of their studio and office.
Motion by Mayor Hedges to continue this item to July 22, 1996 pending receipt
of additional information.
Council Member Glover asked who monitors the amount of public time that the
City is given and how much time is supposed to be given for public information.
• Mr. Murphy indicated that there is not a staff member assigned to that, however
staff would be happy to begin monitoring the amount of air time given to public
access issues. He said there are requirements within the franchise agreement,•
however they have not been carefully monitored.
Council Member Glover questioned whether the franchisee could accurately
provide that information. She said she would not support this unless the City
Volume 60 - Page 201
INDEX
CATV /Cox
(42)
City of Newport Beach
City Council Minutes
July 8, 1996
has better monitoring on the public information and also voiced disappointment
in the way the cable company is maintaining their areas on the streets.
The motion carried by the following roll call vote:
• Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor
Hedges
Noes: None
Absent: None
Abstain: None
ADOPTED RESOLUTION NO. 96-49 SUPPORTING THE EV -READY
COMMUNITY PROGRAM AND DIRECT THE CITY MANAGER TO SIGN AND
SUBMIT THE LETTER OF SUPPORT (AS REVISED) FOR THE "QUICK
CHARGE" ELECTRIC VEHICLE CORRIDOR COMMUNITIES PROGRAM
FUNDING APPLICATION.
In response to Council Member Glover, Principal Planner Craig Bluell explained
that the cities that are participating in this program elect to on a voluntary basis.
In reference to the requirement for the installation of a raceway in residential
development, staff explained that an ordinance was considered, however it was
not adopted and builders were asked to consider installing them on a voluntary
basis. Mr. Bluell reiterated that in order for the City to be considered for this
grant the Council must formally consider adopting such a building code
ordinance, which was done in a public forum.
The Council discussed at length the formal consideration and adoption of a
building code amendment requiring electrical vehicle recharging capabilities to
be installed in new commercial development by September of 1996. It was
explained that currently the adopted building code does not have specific
• guidelines for these electrical installations, therefore if a resident wanted to
install the necessary guidelines, staff would defer to the standards in effect at
the time the permit is applied for and reviewed. Concerns were voiced about
implementing additional mandatory requirements for new development.
Based upon concerns raised by the Council, Assistant City Manger Wood
suggested that the wording in the letter be modified to read as follows: "The City
will utilize the latest model electric code and uniform building code revisions
adopted by the State of California effective August 19, 1996 for applications
submitted prior to City Council consideration of the new codes in September of
1996.°
Mayor Hedges voiced concerns with having administrative enforcement of a
code which has not been enacted by the City Council requiring that an applicant
meet standards that have actually not been adopted legally by the City.
City Attorney Burnham stated that the uniform codes are applicable unless the
City takes action to amend those and the City can amend them only upon
certain findings based upon conditions unique to the City and he is not sure if
those modifications would be applicable in this context.
Council Member Watt spoke in support of the proposal and said she doesn't see
that this mandates that anyone do anything that they would be required to pay
for.
• Staff reiterated that if a building permit were pulled at this time the installation
would be inspected based on the existing uniform building code regulations.
Mr. Bluell explained that the 1996 code has changes contained in it that are
specific to installation of equipment for recharging of electric vehicles.
Mayor Hedges pointed out that in the past the City has adopted regulations not
contained in the uniform code and he wants to make sure that the proposed
Volume 50 - Page 202
INDEX
Electric Vehicle
Res 96-49
(68)
City of Newport Beach
City Council Minutes
July 8, 1996
INDEX
letter does not preclude that type of action. Referring to the buydown proposal,
he questioned whether the government helped Henry Ford buydown the Model,
T.
In response to Council Member Glover's question about why things are included
in the letter when the Council does not intend to do them, Mr. Bluell explained
• that the Items that are pointed out in the letter are standards that are being
requested as a participant in the EV program and all the City is committing to
and is being asked for is that these items be given formal consideration.
Council Member Glover questioned how many of these experimental programs
the City can do, whether this is the best use of staff time, and if the City is being
honest in its drafting of the letter.
Mayor Hedges pointed out that the letter states that the City of Newport Beach
also recognizes that the development of the electric vehicles is critical to
achieving regional air quality goals and there have been significant changes in
the last four years on the part of the AQMD with respect to how emissions are to
be reduced, which could change.
Mr. Murphy indicated that on the other side of this is the ride share program
which has always been a requirement in terms of reductions and the City will be
required to demonstrate that an attempt is being made to achieve clean air
through other means. He said this program is at least one other way to try to
achieve those clean air standards other than through a mandatory ride share
program. He pointed out that this has been an area that has been addressed in
the last couple of goal setting sessions and thought this was keeping with past
Council direction and with what was intended for the future.
Council Member Watt pointed out that this isn't just Newport Beach, since the
region has been under siege, and if economic recovery is desired, the City
needs to continue to try to clean up the air.
• Mr. Bluell explained that the matching funds were approved on June 24th by
OCTA, therefore the applicants have $100,000 to match with this. He further
explained that the private participants are doing all of this voluntarily and rather
enthusiastically. He said that Fashion Island is very interested in the program
and sees it as a customer service and marketing tool and Hoag Hospital has
expressed a very high interest believing that it fits with their community mission
statement along with desires for a healthier environment. He said that seven
potential sites have been identified, the largest number in the area, and will
receive $151,000 if this program is approved. He said the private entities who
are enthusiastically involved in this will be the recipients of the money to install
these rechargers. He pointed out that the money that is being targeted for the
grant is from discretionary funds and Measure M funds. He explained that the
City's AB2766 funds have been committed for the Natural Gas program and
there weren't any matching funds available to get into this program, therefore
when the Measure M money became available, staff determined that this was a
way to get a match without using City funds.
Wayne King pointed out that a code change is not required, although the state
may change the code. He spoke against the proposed grant stating that it is a
bad deal for the taxpayers and the electric cars won't mean cleaner air and the
utility companies will be the ones that will profit from this. He stated that there
are better ways to clean the air, such as programs to take old cars off the road
and better smog inspection programs. He asked that the Council postpone or
table the matter.
• Madelene Arakelian spoke in opposition to the grant proposal noting that the
grant money is taxpayers money and questioned at what point does the City
stop asking for funds that won't be used.
Anita Mangels, Box 52, Laguna Beach, Californians Against Higher Taxes,
spoke in opposition to the program since it will not mean cleaner air and in
practicality the cars won't be used. She stated that the utility companies should
Volume 50 - Page 203
City of Newport Beach
City Council Minutes
July 8, 1996 INDEX
pay for the recharging stations since they will be the ones that will profit by the
program. She reiterated the statements about alternative programs for cleaning
up the air and urged the Council to postpone making a decision on this issue
until the market information makes the program more feasible. She distributed
handouts from Californians Against Hidden Taxes opposing the electric vehicle
recharging stations and questioned whether Council Member Cox would be
abstaining from discussing and voting on this item because he is employed by a
company that benefits from the AQMD.
•
Les Berriman, 18871 Portofino Drive, Irvine, spoke in opposition to the program
and explained that the emissions from these cars is worse because it is
concentrated in small areas. He indicated that the cars aren't efficient and
major companies have had to admit that mistakes were made in evaluating the
efficiencies of them.
Chris Welch, Balboa Island, stated that the cars do no have zero omissions and
won't be available until 2003 when they are required, therefore it is a waste of
staff time and other priorities should be looked at first.
Council Member Cox explained that it is not unusual for government to help
support private industry and this program is part of a program to help improve
the economy of the state. He said that General Motors believes there is a
market for these vehicles, however it will ultimately be the consumers who
decide and Council's role is to enable them to make a choice. He indicated that
the number one barrier in marketing these products is local governments
because the local codes and regulations don't accommodate them. He stated
that the EV has been debated at the federal and state level, by the California
Air Resources Board, in Europe and in Asia, and it is still a significant viable
solution to air quality in the basin. In response to the question about a conflict
of interest, Council Member Cox stated that he is employed by a non - profit
governmental agency, therefore it does not create a conflict of interest. City
Attorney Burnham reiterated that Council Member Cox's salary is paid by'
• SCAG and is not considered income according to the Political Reform Act.
Motion by Council Member Cox to adopt Resolution No. 96-49 supporting
the EV -Ready Community Program and to direct the City Manager to sign
and submit the revised letter of support for the "Quick Charge" Electric
Corridor Communities Program funding application.
Mayor Pro Tern Debay noted her support of the program and pointed out
that on the handout distributed one of the groups against the proposal is
Western States Petroleum. She also pointed out that if the money is
made available and Newport Beach doesn't accept it, another City will.
Mayor Hedges spoke in opposition to the program and questioned why
the government has to subsidize each vehicle ($5,000) if they are so great.
He stated that there are more efficient ways to reduce emissions, there are
still a lot of unanswered questions and it seems like a stretch to use
Measure M funds for this project. He said it doesn't make economic
sense to use this as a way to reduce emissions, since other means are
much cheaper. Mayor Hedges made a substitute motion to lay this item
on the table pending receipt of more information, however the motion
died for lack of a second.
The motion carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Watt
Noes: Glover and Mayor Hedges
•
Absent: None
Abstain: None
9. NOTICE OF COMPLETION - 36 -INCH WATER TRANSMISSION MAIN -
Groundwater Dev./
REACH NO. 2 (CONTRACT NO. 3004 -K).
Reach 2
Volume 60 - Page 204
City of Newport Beach
City Council Minutes
July 8, 1996
INDEX
Volume 50 - Page 206
C- 3004 -K
Dolores Otting questioned the reference on page two of the staff report to
(38)
deleting the tie -ins to the seawater line. She noted that earlier Council Member
Glover asked for a report on what has been spent to date, however that has not
been presented. She said she would be interested in that information, as well
as the dollar figures on the Fletcher Jones project and litigation and arbitration
•
on the library.
Mayor Hedges indicated that there would be a full status report on this project at,
the first meeting in August.
Motion by Council Member Glover to accept the work; authorize the City Clerk
to file a Notice of Completion; and 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. The motion carried by the following
roll call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor
Hedges
Noes: None
Absent: None
Abstain: None
10. AMENDMENT NO. 3 TO CONSULTANT AGREEMENT WITH GAIL P.
Pickart
PICKART, P.E. (CONTRACT NO. 2992).
C -2992 (38)
Mayor Hedges questioned this contract amendment noting that initially a not -to-
exceed fee of $75,000 was approved to pay for Mr. Pickart's services and after
a number of amendments is now $370,000.
City Manager Murphy explained that the City has the most aggressive Public
Works projects going on and rather than add permanent staff, specialized'
•
contract staff has been used to manage these projects..
Director of Public Works Webb explained that Mr. Pickart is a professional
engineer, unique in that he is also an attorney, and that he is currently providing
project management services to tie together consulting contracts on three
projects totaling $30 million. He further explained that staff has tried to set this
up on a year -to -year basis and also reported on the status of the three projects
that Mr. Pickart is currently involved with.
Discussion ensued about the cost of hiring staff to do this work, Mr. Pickart's
hourly rate, and how many staff members would be needed if the City didn't
have this contract.
Motion by Council Member O'Neil to approve Amendment No. 3 to the
Consultant Agreement with Gail P. Pickart, P.E., for project management
Services during FY 1996 -97 for a not -to- exceed amount of $120,000 and to
authorize the Mayor and City Clerk to sign Amendment No. 3 on behalf of the
City.
Dolores Otting said her one concern when hiring consultants to manage projects
is who is accountable in the end if there are problems.
The motion carried by the following roll call vote:
•
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt
Noes: Mayor Hedges
Absent: None
Abstain: None
11. AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES
Automated Traffic
AGREEMENT TO CREATE AN AUTOMATED TRAFFIC ACCIDENT
Accident Records
Volume 50 - Page 206
City of Newport Beach
City Council Minutes
July 8, 1996
APPROVAL OF BUDGET
After Mayor Hedges indicated that this was the first time he had heard of this
program, Director of Public Works Webb explained that the money is grant
funds from the Office of Traffic Safety. He further explained that the system
will provide a better process for maintaining accident documents, will provide
• staff with a better method to pinpoint problems and will be tied in with the City's
GIS system.
City Manager Murphy explained that two years ago the City requested that an
audit be done, however it was difficult because the system was not automated.
He said the City received $900,000 through Measure M to automate the signals.
Mr. Murphy reported that the ongoing costs would be the costs associated with
maintaining the program, i.e. inputting the records, and replacing the software.
once it has extended past its useful life.
Motion by Council Member O'Neil to authorize the Mayor and City Clerk to
execute a professional services agreement for the development of an
automated traffic accident records system to Hank Mohle and Associates, in the
amount of $102,479 and to approve a budget amendment (BA -001) to adjust
revenues in the amount of $102,479 to account number 5200.4862 to recognize
grant funds from the State of California Office of Traffic Safety and appropriate
the funds to account number 7014- c5200344, Traffic Accident Records System.
The motion carried by the following roll call vote:
Ayes:
O'Neil, Debay, Cox, Glover, Watt and Mayor Hedges
Noes:
Edwards
Absent:
None
Abstain:
None
• 14. AUTHORIZATION TO RENEW THE AGREEMENT WITH THE NEWPORT
BEACH CONFERENCE AND VISITORS BUREAU.
Mayor Hedges questioned the amount of money to be paid to the Conference
and Visitors Bureau (CVB) based on the assumptions of additional revenues.
City Manager Murphy explained that when the City entered into the original•
agreement with the CVB it was agreed that the City would collect Transient
Occupancy Tax (TOT) and an additional 1% Visitors Service Fee. In 1993
when the City adopted a 1% increase in the TOT, it was anticipated that that
would generate an additional $625,000 per year and there was an amendment
approved to the CVB agreement to provide their participation in money
generated above that. The amendment provides that the City receives the first
$625,000, the CVB receives the next $625,000 and above that $625,000 the
parties would split the dollars 50 -50. The first year of that agreement there was
no sharing, the next year there was approximately $90,000 in sharing and it is
anticipated that when the books are closed for this fiscal year that the CVB will
receive approximately $190,000. The agreement was structured by building a
base number, adding $625,000 and then inflating that by CPI. The current
agreement expires in September and currently the way it is structured the City
is limited to CPI and growth beyond CPI the CVB gains, therefore staff has
structured a new agreement and performance will determine what the CVB will
receive. Mr. Murphy explained that the CVB has stated that the money will go
to marketing to try to put Newport Beach on the map even better in terms of the
kinds of visitors that the City is desirous of having in the high -end hotels and in
the restaurants.
• Council Member Glover commended Rosalyn Williams and the excellent job
she has done in representing the City. Her comments were reiterated by
Council Member Edwards.
Motion by Council Member Glover to authorize staff to execute the renewed
Volume 60 - Page 206
INDEX
System
C -3092
(38)
BA-001
(40)
NB Conference &
Visitors Bureau
C -2638
(38)
City of Newport Beach
City Council Minutes
July 8, 1996
agreement with the Newport Beach Conference and Visitors Bureau for the
period of September 1, 1996, through August 31, 2001.
Madelene Arakelian questioned what would happen if there is some kind of a
comedown from the Prop 62 issue and how would the City handles refunds.
• Mr. Murphy explained that there is a provision in Section 3.(b)(ii) that states that
if it is determined that the funds provided to CVB have to be refunded, the CVB
would acknowledge and be a party to refunding certain dollars. He indicated
that it is questionable whether the Prop 62 issue is applicable to Charter cities.
The motion carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor
Hedges
Noes: None
Absent: None
Abstain: None
PUBLIC HEARINGS
19. MODIFICATIONS OF THE EMERGENCY AMBULANCE TRANSPORTATION
SERVICE RATES FOR NON - RESIDENTS TO CONFORM TO A NEW
COUNTY RATE SCHEDULE.
City Manager Murphy stated that at the last City Council meeting notice was
given of an intention to hold this public hearing regarding the new rates for
ambulance transportation. He said the rates were reviewed by the City's Public
Safety Committee and recommended to the City Council.
Chief Riley explained that there was a minor change in the resolution as it was
• presented at the last Council meeting. Originally the resolution was to establish
maximum emergency ground ambulance rates consistent with the County
accepted amount of $296.20 for all persons, however it has been the City's past
practice to charge a lower rate to residents and Medicare recipients ($118.00).
The fee resolution that was presented at the last meeting did not incorporate
this information as it was intended to be included in the previous resolution,
however it was not included there either. He noted that the changes have been
made and they do not affect the intent of the action that Council took at the
June meeting. As brought to staff's attention by Council Member Edwards, a
typographical error on page two of the proposed resolution was corrected to
reflect that the proposed rate for the emergency base rate should be $296.20.
Chief Riley reiterated that the resolution adopted at the last meeting established•
the maximum rate for the paramedic service fee and the ambulance fees would
be adopted by separate resolution. Currently the maximum allowable rate is
$225.00 for non- residents and $118.00 for residents and Medicare patients.
Chief Riley reviewed the history and background of the county rates and
indicated that the resident and Medicare rate will remain at $118.00 and the
non - resident rate will be increased from $225.00 to $296.20.
Mayor Hedges opened the public hearing.
Dolores Otting pointed out that the County doesn't have their own ambulance
service yet the City is going to charge the same rate as a private carrier. She
addressed concerns with the adjustment being larger than the customary CPI to
• accommodate an agreement with the Orange County Fire Authority to
reimburse it for medical supplies by the contract ambulance company and
questioned whether that meant that the City won't charge patients for medical
supplies because they will be charging the same rate as the County. She asked
if the businesses within the City will have a special rate like the residents. She
stated that she has asked for a breakdown on costs of medical supplies and
hasn't received the information; and also questioned how things are with the
Volume 50 - Page 207
INDEX
Emergency Ambulance
Trans. Service /Rate
Schedule
Res 96-50 (41)
City of Newport Beach
City Council Minutes
July 8, 1996
conecuon company mat rnea DanKruprcy.
Motion by Council Member O'Neil to adopt Resolution No. 96 -50 establishing
the maximum base, mileage, standby, oxygen and medical supply rates for,
ambulance transportation service within the City and rescinding Resolution No.
93 -70.
• Chief Riley explained that the maximum allowable rate that was adopted by the
County was presented to the Orange County Emergency Medical Care
Committee by the Ambulance Association of Orange County in lieu of their
normal annual request for an adjustment consistent with CPI. The amount that
was included in the adjustment was for a partial reimbursement of cost to the
ambulance companies for increased handling of their patients and to reimburse
the Orange County Fire Authority or any other agency that so wished to contract
with a private company for medical supplies that they would be unable to
receive reimbursement for otherwise. Regarding the issue of ABC Billing
Company, Mr. Riley reported that ABC was in some financial difficulty as a
result of an IRS audit, however since that time after a short time when they did
not provide billing services (approximately 10 days), they resumed their billing
service and have not been delinquent since. Additionally they are in the
process of being evaluated for incorporation by another company and once that
is done the City will revisit the contract with the City Council to see if there is a
desire to continue that service. He reviewed additional safeguards that have
been put into place regarding the handling of money.
Mr. Riley indicated that the subscription rate for businesses remains as it was
adopted in 1993 and there were no changes as a result of this program. He
said they will qualify for a $42 per address rate for an annual paramedic
subscription fee, which is based upon having an employment base of 10
employees or under, and then it goes up incrementally from there ($12
additional per year for every 10 employees with a maximum of $210).
• Mr. Riley stated that the medical supply reporting that staff was investigating is
based upon ABC Billing Company records and because they are in transition
the City is still waiting for the information.
City Manager Murphy reviewed information contained in the staff report
showing how the County ranks in comparison with the other counties in the state
and Chief Riley explained the normal process, as well as the process that was
undergone this year, for increasing the rates.
The motion carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt
Noes: Hedges
Absent: None
Abstain: None
20. 1996 WEED ABATEMENT PROGRAM.
City Manager Murphy explained that each year this comes before Council. He
indicated that a number of properties have been identified by the Fire and
Marine Department as nuisances because of potential fire hazards and tonight
the public hearing is scheduled to consider objections. He explained that
Council is asked to adopt a resolution ordering the abatement of the weeds and
nuisances at the locations identified within the staff report and to schedule a
public hearing on September 9th to confirm these assessments once the work is
• completed and the actual dollar amounts are determined. It was noted that no
letters of protest were received.
Mayor Hedges opened the public hearing, and, hearing no testimony, closed the
hearing.
Volume 60 - Page 208
INDEX
Fire/Weed Abate. 1996
Res 9651
(41)
City of Newport Beach
City Council Minutes
July 8, 1996
Motion by Council Member Edwards to adopt Resolution No. 96 -51 ordering the
Fire and Marine Chief to abate weeds and other nuisances identified to be
existing under streets, alleys, sidewalks, parkways and private property within
the City and to schedule a public hearing on September 9, 1996 to confirm
assessment against those properties cleaned by the City. The motion carried
by the following roll call vote:
• Ayes: O'Neil, Edwards, Debay, Cox, Glover, Waft, Mayor Hedges
Noes: None
Absent: None
Abstain: None
PUBLIC COMMENTS
Dolores Otting, 5 -Star Rubbish Service, addressed the Council on the use of
natural gas trash trucks and provided information on cost, engine requirements,
mileage range, etc., as well as information from other cities on the problems
encountered with them. City Manager Murphy indicated that staff has reviewed
the concerns brought forth by Ms. Otting and has scheduled this item for the
July 22nd meeting. He also offered to meet with her regarding her concerns.
Margaret Mary Butt, 412 -1/2 Fernleaf Avenue, Corona del Mar, voiced concerns
with a tree that was cut on the corner of the Goldenrod Bridge, fallen palms and
the disposal of them, the geraniums, and children pulling up plants. She also
stated that there is someone in Corona del Mar that has a vendetta against
wildlife. She also voiced concerns with some incidents where the asphalt has
been sprayed with a substance which causes burning and itching and read a
letter about incidents that happened at a neighboring property. Mayor Hedges
requested that she meet with Mr. Murphy and provide the information to him.
CONTINUED BUSINESS
• 21. 1996 -97 BUDGET ALTERNATIVES - Review Report from City Manager on-
Actions or Strategies on $300,000 in Adjustments Based On Council
Action on June 24, 1996.
City Manager Murphy noted that at the last Council meeting the budget for
1996 -97 was adopted and there were some items either added or deleted from
the checklist which created a $300,000 impact. After discussing a variety of
strategies to take to fill the gap, he said his recommendation, based upon the
receipt of increased sales tax revenues, is to wait until the books are closed for
the fiscal year. As the books are closed, staff can look closer at the predicted
revenue sources and come back to the Council in 120 days to decide if there is
a need to take affirmative steps or whether the economic activity in the
revenues has actually achieved closure on the issue. In response to Mayor
Hedges, he indicated that this issue was not referred to the Finance Committee
as discussed.
Council Member Glover pointed out that there has been great growth in the last
part of the 70's and 80's and hopes that will happen in the last part of this
decade also.
Mayor Hedges voiced disappointment in the staff report noting that it is all about
revenues. He explained that the City Council took an action at the last meeting
not to budget a reserve transfer as well as some other things and now staff is
recommending the following three alternatives. He reviewed the three.
• alternatives as outlined and recommended in the staff report and pointed out
that there is nothing in the report with respect to the expenditures, which is not
the appropriate way to budget.
Motion by Council Member O'Neil to direct staff to return in 120 days with a
status report on city revenues and expenditures based on the staff report.
Volume 50 - Page 209
INDEX
1996 -97 Budget
(40)
City of Newport Beach
City Council Minutes
July 8, 1996
back to Council some alternatives with respect to expenditure adjustments to
make up the shortfall. He said that if revenues are received over and above
what has been budgeted, they should be put in reserves in order to try to meet
existing Council policy. The motion died for lack of a second.
• Mayor Pro Tem Debay spoke in support of the main motion and said she felt
that when Council went through the budget process the expenditures were
reviewed very closely.
Council Member Edwards pointed out that part of Council Member O'Neil's
motion is that in 120 days both sides of the equation, expenditures and
revenues, will be re- evaluated.
Council Member Glover said she feels comfortable with the process and noted
that the City of Costa Mesa similarly agreed to a process to look at their budget
again after three months. She said she is comfortable with using this approach,
although it might not be something that is done every year.
Mayor Hedges voiced concerns with the process and noted that 120 days will be
too late if the assumptions do not pan out.
Dolores Citing questioned why there was only $100,000 budgeted for revenue
from the franchise fees charged to refuse customers since the first quarterly
payment was $85,000. She also questioned another $102,000 that was put into
income which was the money for medical supplies. She noted that Mr. Noyes
earlier talked about the TOT tax that comes out of Balboa and the inaccuracy of
it.
The motion carried by the following roll call vote:
• Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt
Noes: Mayor Hedges
Absent: None
Abstain: None
22. BOARD AND COMMISSION VACANCIES.
City Manager Murphy reported that applications or letters were received from,
four of the five nominees (all except Cora Newman).
Mayor Hedges made a motion to continue the appointments until July 22nd
pending receipt of Cora Newman's application.
In response to Mayor Pro Tern Debay's question, City Attorney Burnham
explained that the Charter requires that the Council have a list of five nominees
from the employee associations and it requires those nominees to be qualified
electors of the City, however it does not require that the candidates submit
applications to the City. He said this is a fairly unique process since the
nominees come from the employee associations rather than the public at large,
so he doesn't believe completed applications are essential to the Council's
decision on the appointment. He said the Council can vote on the
appointments tonight, consistent with the Charter, since the associations have
supplied the five names and they are qualified electors.
Mayor Hedges indicated that the purpose of continuing the appointments is to
complete the application process. The motion died for lack of a second.
• Motion by Council Member Watt to proceed and make the appointments to the
Civil Service Board tonight.
Mayor Hedges said he will not support Council Member Watt's motion because
he believes it is important that the City Council exercise some control over the
Volume 50 - Page 210
(24)
INDEX
City of Newport Beach
City Council Minutes
July 8, 1996
process with respect to the selection of the Civil Service Board and to allow the
employee associations to control the system and make a mockery of the
process is not good public policy. He voiced concern about what would happen
once the two incumbents are no longer eligible to serve. He said the City
Council could be placed in the position of merely ratifying a couple of names
without having a process to undergo to select the two best of the five submitted,
• as was envisioned by the freeholders who enacted the Charter. He said that the
incumbents can continue to serve until they're replaced, therefore a vote to
continue this to July 22nd would have no impact on their duties if the
appointments are continued. Discussion ensued about the process, the
problems associated with it and ways to solve the problems.
Council Member Edwards called for the question. Mayor Hedges explained that
a yes vote will close debate and a no vote will leave debate open. The motion
to close debate carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt
Noes: Mayor Hedges
Absent: None
Abstain: None
The motion to proceed with the appointments carried by the following roll call
vote:
Ayes:
O'Neil, Edwards, Debay, Cox, Glover, Watt
Noes:
Mayor Hedges
Absent:
None
Abstain:
None
Motion by Council Member O'Neil to reappoint Clint Hoose and Dayna Pettit to
the Civil Service Board. The motion carried by the following roll call vote:
• Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt
Noes: None
Absent: None
Abstain: Mayor Hedges
Mayor Hedges requested that Mr. Burnham bring back for Council consideration
at the July 22nd meeting an amendment to the Charter revising the Civil
Service Board selection process and also requested that Mr. Murphy provide a
revised or new Council policy dealing with the nomination process for
consideration by the Legislative Committee.
CURRENT BUSINESS
23. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE
VACANCY:
Motion by Mayor Pro Tem Debay to appoint Philip Ramirez to fill the vacancy
created by the resignation of Leslie Alpert (District 2).
24. BICYCLE TRAILS CITIZEN ADVISORY COMMITTEE VACANCY:
Motion by Council Member O'Neil to appoint Douglas Ray Orr to fill the vacancy
created by the resignation of Stanley Bercowitz (District 6).
• 25. CONVERSION OF PUBLIC FACILITIES TO PRIVATE FACILITIES.
City Manager Murphy briefly explained that this is listed under New Business
because there is an existing City policy on this issue and there have been
questions related to street lights in Eastbluff as they consider privatizing and
staff needs some direction from Council.
Volume 50 - Page 211
INDEX
EQAC /CAC
(24)
Bike Trails CAC (24)
Council Policy
(69)
City of Newport Beach
City Council Minutes
July 8, 1996
INDEX
Director of Public Works Webb reported that this item came up in relation to the
potential conversion of the Eastbluff community to a private community and
staff has been asked to provide them with information on if the public facilities
are made private, which ones will be private and which ones will be public. He
said staff reviewed the policies and identified that in the conversion process the
following would remain public: Police and Fire protection, refuse collection,*
• water and sewer service and public utility easements for every utility. Liability
insurance would be required from the community association to protect
themselves from liability related items that occur in the street rights -of -way. A
performance bond would also be required to make sure that they take care of
the facilities they assume responsibility for, as well as the street maintenance,
which would includes things such as repairs, street reconstruction, signage,
overlays, patching, reconstruction, curbs and gutters, sidewalks, etc. He said
that the two items which are not as clear are the maintenance of the storm drain
systems and the maintenance of street light systems. He said the City has had
situations in which communities start out private from the very beginning and in
most instances if the storm drain system serves just that community, the City
has taken the position that that facility is a privately maintained facility. He said
street light systems are a little different since they clearly serve only those
people within the community and the City's policy on private streets is that if the
private community adopts a standard City street light then the City will take over
the operation and maintenance of the street lights. He said there are nine
communities that are private that have publicly owned and operated street
lights for a total of about 475 street light facilities and the annual energy cost is
approximately $22,000. He said that staff needs direction from Council on
whether they should undertake reviewing the two policies, the private street
policy and the private conversion policy. In the Eastbluff area if the streets
become private and the community association takes over the operation and
maintenance there could be a potential savings to the City of around $2 million'
over a 20 year period. He said that when staff made the recommendation that
the street lights be transferred to private there was concern that in the overall
• long term benefit the City might gain by leaving the street lights public and
having the streets private just because it will cost less money.
Mayor Hedges made a motion to refer this issue to the Legislative Committee
for review and recommendations to the City Council.
Council Member Glover spoke in support of the full Council discussing the issue
tonight. She said that she has concerns about the public policy issue as it
pertains to lights and feels Council needs to lock at this in the context of other
communities and make the decision based on that.
Mr. Webb stated that there are 460 dwelling units in Eastbluff, which would cost
about $50 per unit per year or $22,000 annually.
Council Member Edwards, Chair of the Legislative Committee, said that he
does not have a problem supporting the motion. He said he wants to give
Eastbluff an opportunity to vote at least in the most positive light possible and
with as much information as possible. He said the Council needs to consider
that if the City gets rid of a number of these services, it is a real net benefit to
the City. He said that the issue of maintaining street lighting was raised a few
years ago and has been raised again in the correspondence from Eastbluff. He•
said that unless there is some way to tell them ahead of the vote and to give
them a clear indication in the immediate future of exactly what the Council
would do on this exact project, the best thing the Council can probably do is
undertake a revision of the policy and draft it in some manner that when you
look at the net benefit to the City in terms of dollars it makes sense to continue
• to maintain street lighting.
Barry Eaton, 727 Bellis Street, Vice President of Eastbluff Community
Homeowners Association, said he hopes the Legislative Committee will look at
distinguishing between those communities that convert as opposed to those
communities which are built new and apparently still are, in some cases,
entitled to have public street lights. He said they think there really is a
Volume 50 - Page 212
City of Newport Beach
City Council Minutes
July 8, 1996
difference and it's not just the $50 a year but the $250,000 to bring the system
up to date and to bring it into conformance with the City's current standards. He
urged the Council to take that into consideration and to consider that the
communities that are trying to convert older streets have a much more difficult
problem to face than developers who are starting new.
• Mike Big!, 2639 Blackthorn, Eastbluff Board of Directors, reiterated that there
are a large number of residents in Eastbluff and after taking a poll, 70% of the
respondents indicated that they want to have gating as a solution to an
increasing traffic problem that they have been experiencing. He said he, as
well as other members of Eastbluff, are dedicated to seeing this process come
through to fruition. He said one of the obstacles they see is an uncertainty with
respect to cost and some uncertainty about what they can tell a homeowner to•
consider during their final vote. He urged the Council to give them some
direction either way on this issue, which is one of the last remaining issues,
however significant enough that people won't vote for an option for privatization
of streets because of the uncertainty of the matter.
The Council discussed the timing of when this item could be heard by the
Legislative Committee. Council Member Glover questioned why Council
cannot vote on the issue tonight since the information has been provided rather
than referring it to a committee.
Substitute motion by Council Member Edwards to direct staff to bring back to
the next Council meeting revised policies reflecting that drainage systems that
serve areas outside the conversion community remain public and drainage
systems that only serve the converted community become private; and policy
direction shall be provided regarding publicly maintained street light systems in
private communities prior to further staff review such that in converted
communities where net benefit is to the City overall that the publicly maintained
street lighting system be maintained public, whereas the rest of the portion
becomes private community. The motion carried by the following roll call
vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor
Hedges
Noes: None
Absent: None
Abstain: None
MOTION FOR RECONSIDERATION - None
ADJOURNMENT -11:00 p.m.
RR RR Rf I,RLR4R R4 RM 14I. ,1 h•
The agenda for this meeting was posted on July 3,1996 at 3:35 p.m., on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
da-d M -Alamo
City Clerk
Mayor
Volume 50 - Page 213
INDEX