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HomeMy WebLinkAbout10/28/1996 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 28, 1996 - 7:00 p.m. • CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor Hedges Absent: None Pledge of Allegiance - Council Member Cox. Motion by Mayor Pro Tem. Debay to waive reading of the minutes of the Regular Meeting of September 23, 1996, approve as written and order filed. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Absent: None Abstain: None Motion by Mayor Pro Tern Debay to waive reading of the Ordinances and Resolutions under consideration, and direct the City Clerk to read by titles only. The motion carried by the following roll call vote: •Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Absent: None Abstain: None MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM): Mayor Pro Tern Debay requested a staff report on the possibility of getting the County program reinstated that assisted with beach maintenance, lifeguard services, etc. Council Member O'Neil asked that staff bring back a status report on the Corona del Mar Farmers Market. Mayor Hedges requested that the Legislative Committee consider a policy stating that staff reports must be made available to the public by 5:00 p.m. on the Friday prior to a Council meeting. CONSENT CALENDAR ORDINANCES FOR ADOPTION • 1. ADOPT ORDINANCE NO. 96 -38 AMENDING SECTION 12.48.050(A) OF THE NBMC PERTAINING TO THE MEANING OF GREEN CURB MARKINGS OUTSIDE PARKING METER ZONES. RESOLUTIONS FOR ADOPTION 2. ADOPT RESOLUTION NO. 96 -83 APPROVING THE DESTRUCTION Volume 50 - Page 323 INDEX Ord 96 -38 Veh & Trfc (85) Police/Rec Mgmt City of Newport Beach City Council Minutes October 28, 1996 INDEX OF CERTAIN POLICE DEPARTMENT RECORDS. Res 96 -83 (32) 3. ADOPT RESOLUTION NO. 96 -84 AMENDING RESOLUTION NO. 88- Personnel • 13 AND THE PROVISIONS OF SECTION 301.1 OF THE PERSONNEL Policies POLICIES PERTAINING TO THE CITY POLICY PROHIBITING Res 96 -84 DISCRIMINATION AND HARASSMENT. (66) 4. ADOPT RESOLUTION NO. 96 -85 DESIGNATING THE PW/Newport GEOGRAPHICAL AREA OF NEWPORT BEACH BOUNDED BY EAST Center Geog COAST HIGHWAY, MACARTHUR BOULEVARD, SAN JOAQUIN Area HILLS ROAD AND JAMBOREE ROAD AS "NEWPORT CENTER." Res 96 -85 (74) 5. ADOPT RESOLUTION NO. 96-86 OF SUPPORT AND COOPERATIVE Orange County/ PROJECT PARTICIPATION WITH THE COUNTY OF ORANGE FOR Measure M A MEASURE M FUNDING APPLICATION IN CONJUNCTION WITH Funding THE PROJECT TO CONSTRUCT IRVINE AVENUE, UNIVERSITY Res 96 -86 DRIVE TO BRISTOL STREET IMPROVEMENTS. (54) 6. ADOPT RESOLUTION NO. 96 -87 ADOPTING THE DECISION AND Mermaid Live RECOMMENDATION OF THE HONORABLE JUDGE LLOYD E. Ent Permit BLANPIED, JR. REGARDING THE APPEAL OF THE Res 96 -87 REVOCATION/NON- RENEWAL OF THE LIVE ENTERTAINMENT/ (27) ADULT ORIENTED BUSINESS PERMIT OF TILY B, INC., A CALIFORNIA CORPORATION, DBA THE MERMAID. 7. Removed from Consent Calendar. CONTRACTS AND AGREEMENTS • 8. OCTA GAS TAX FUND EXCHANGE. Authorize City Manager to execute Orange County agreement with OCTA for an annual exchange of OCTA Gas Tax Revenues Trans Agency for City General Fund Revenues beginning July 1, 1997. C -3120 (38) 9. AMENDMENT TO CITY COUNCIL COST SHARING AGREEMENT: Orange County NEWPORT HARBOR DEBRIS REMOVAL. Authorize the Mayor and Newport/Harbor City Clerk to execute an amendment extending the agreement with the Debris Removal County of Orange to share expenses for debris removal in Newport Harbor. C -2539 (38) 10. MACARTHUR BOULEVARD WIDENING FROM PACIFIC COAST CalTrans/ HIGHWAY TO FORD ROAD. Approve the Time Extension Amendments MacArthur B1 to Cooperative Agreements with Caltrans for Design Oversight and Segment Widening 1 Construction Oversight of the MacArthur Boulevard Widening Project and C -2825 authorize the Mayor and City Clerk to sign both amendments on behalf of the City. 11. OCEAN FRONT STREET END IMPROVEMENTS (CONTRACT NO. Ocean Front 3081). Award contract to JDC Inc. in the amount of $90,652.50 with a St End Improve - contract contingency amount of $9,000 and authorize the Mayor and the City ment Clerk to execute the contract. C -3081 (38) 12. 1996/97 SIDEWALK, CURB AND GUTTER REPLACEMENT 1996/97 Side - PROGRAM, CONTRACT NO. 3097. Approve the plans and specifications; walk Curb • award Contract No. 3097 to Nobest, Inc. of Westminster for the total bid & Gutter price of $126,190 and authorize the Mayor and City Clerk to execute the Replacement contract; and authorize a contingency account in the amount of $31,000 to C -3097 provide for additional work in the contract area. (38) 13. BALBOA BOULEVARD STREET RECONSTRUCTION - CONTRACT Balboa BI NO. 3118. Affirm the Notice of Exemptions for the project improvements; St Reconstr Volume 50 - Page 324 is l� u City of Newport Beach City Council Minutes October 28, 1996 approve the plans and specifications; and authorize staff to advertise for bids. 14. FEDERAL COOPERATIVE BEACH RENOURISHMENT PROJECT, STAGE 10, SAN GABRIEL RIVER TO NEWPORT BAY. Authorize Weeks Marine, Inc. to complete sand haul operations within the City of Newport Beach in accordance with the U.S. Army Corps of Engineers Construction Solicitation and Specifications for the Beach Renourishment, Stage 10, San Gabriel River to Newport Bay. 15. Removed from Consent Calendar. 16. AWARD OF CONTRACT - BALBOA ISLAND STREET LIGHT REPLACEMENT PROJECT - PHASE II (CONTRACT NO. 3109) AND BUDGET AMENDMENT (BA -017) IN THE AMOUNT OF $122,000. Approve plans and specifications; find that AAA Electric Services submitted the "lowest responsible bid," that they can meet the requirements for completing the proposed contract work, and declare them the `low bidder;" award Contract No. 3109 to AAA Electric Services of Anaheim in the amount of $286,666.50 and authorize the Mayor and City Clerk to execute the contract on behalf of the City and authorize a 10% contingency amount of $28,666 for change orders and construction engineering costs; and authorize $122,000 Budget Amendment (BA -017) to transfer funds from the Electrical Section's Utilities Account No. 5300 -8110 to the Street Light Replacement Account No. 7014- C5300035. 17. RESUBDIVISION NO. 997 [Parcel 1 of Parcel Map 36 -35 (Resubdivision No. 289) and Parcel Map 60 -36 (Resubdivision No. 454), located at 210 Newport Center Drive on property bounded by San Miguel Drive, Avocado Avenue, Farallon Drive, Anacapa Drive and Newport Center Drive]. Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Resubdivision No. 997; and authorize the City Clerk to release the faithful performance bond (Bond No. 1524955). MISCELLANEOUS ACTIONS 18. LIDO ISLE IMPROVEMENTS AT VIA GENOA. Approve the concept of constructing a raised landscaped area on Lido Isle at Via Lido Soud and Via Genoa, with construction cost to be shared between the City and the Lido Isle Community Association. 19. INVESTMENT IN ORANGE COUNTY BUSINESS COUNCIL. Authorize City membership in the Orange County Business Council Economic Development Consortium with an investment of $5,000 for business retention programs. 20. BUDGET AMENDMENT (BA -013). Approve BA -013 to appropriate the gift of $24,600 from the Friends of the Library for materials and programs. 21. PURCHASE OF A PAINT STRIPER TRUCK AND BUDGET AMENDMENT (BA -014). Approve the purchase of a used paint striper truck from the City of Arcadia in the amount of $57,108; authorize the City • Manager to proceed with purchase arrangements; and approve Budget Amendment (BA -014) in the amount of $71,608 for the purchase, upgrades, and new unit warranty for the paint striper truck. 22. Removed from Consent Calendar. Volume 50 - Page 325 INDEX (38) Fed Coop Beach Renour- ishment Prjct #10 (38) Balboa Isl Strt Light Rplcmt/ Phase II C -3109 (38) Finance BA -017 (40) Resub 997 (84) Lido Island Improvement/ Via Genoa (74) OCBC/EDC (24/54) Finance BA -013 (40) Finance (40) BA -014 City of Newport Beach City Council Minutes October 28, 1996 23. PARKING METER REPLACEMENT PROGRAM - APPROVAL OF BUDGET AMENDMENT (BA -016). Authorize a budget amendment in the amount of $57,000 from the Off- Street Parking Reserve Fund to Account No. •7014- C5200033. 24. Removed from Consent Calendar. 25. DISPOSAL OF POLICE HELICOPTER - 1982 MD500D. Authorize the disposal of the 500D helicopter to heli -mart for $230,000 which includes no broker fee. 26. PROPOSITION 218 - VOTER APPROVAL FOR LOCAL TAXES. Receive and file. 27. Removed from Consent Calendar. 28. Removed from Consent Calendar. Motion by Mayor Pro Tem. Debay to approve the Consent Calendar, except for those items removed (7, 15, 22, 24, 27 & 28). The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Absent: None Abstain: None ITEMS REMOVED FROM THE CONSENT CALENDAR • 7. • ADOPT RESOLUTION NO. 96 -88 ESTABLISHING AN AUTOMOBILE DEALERSHIP SALES TAX INCENTIVE PROGRAM. SALES TAX INCREMENT REIMBURSEMENT AGREEMENT FOR STERLING BMW AND LAND ROVER. City Manager Murphy explained that the City Finance Committee met on Friday, October 25, 1996 to review the proposed resolution to establish an automobile dealership sales tax incentive program, as well as the draft sales tax increment reimbursement agreement for Sterling BMW. He said the Finance Committee recommended approval of the resolution with some changes and the committee and staff are recommending that the reimbursement agreement, after comment by the Finance Committee, be returned for further discussion and negotiation with Sterling BMW. He asked that Council take action tonight on the resolution and set for action the reimbursement agreement at such time as it is ready and complete after further negotiations. Motion by Mayor Pro Tem Debay to adopt Resolution No. 96 -88 establishing an automobile dealership sales tax incentive program and to continue the action on the sales tax increment reimbursement agreement for Sterling BMW and Land Rover until the negotiations are complete. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Absent: None Abstain: None Volume 50 - Page 326 INDEX Finance BA -016 (40) Police Dept Helicopter (70) ABLE C -3011 (38) Legislation (48) Sales Tax Incentives (40) Sterling BMW & Land Rover C -3121 (38) City of Newport Beach City Council Minutes October 28, 1996 I_h 1 15. NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR55 11) INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886. • Council Member Glover requested clarification on whether this item is related to the design of the Arches bridge. Public Works Director Webb explained that this amendment is for additional geotechnical engineering work required because of a change in structural design for the Arches bridge. The structural changes will require a set of borings for a center support span on the bridge, as well as additional borings for the retaining wall sections along the channel next to Old Newport Boulevard. He stated that the design phase will be complete in March or April of 1997, the construction will begin in September of 1997 and it is estimated that the length of construction will be approximately 18 months. He said the bridge will be constructed in two or three phases and during each phase there will be two lanes of traffic open in each direction. He said that the City will hold community meetings with the businesses and will also have community representatives to make them aware of the construction. He noted that staff has met three times with a community group on aesthetics and will schedule meetings to inform people of the final design concepts after the first of the year. After the contract is awarded in the summer of 1997 and the construction schedule is known, further meetings will be scheduled with the business groups. Motion by Council Member Glover to approve Amendment No. 2 to the Consultant Agreement with Law /Crandall, Inc. for additional geotechnical services in support of project design; and to authorize the Mayor and City Clerk to execute Amendment No. 2 on behalf of the City. The motion • carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Absent: None Abstain: None 22. AQMD ALTERNATE FUELS (CNG REFUSE TRUCKS) GRANT ACCEPTANCE AND BUDGET AMENDMENT (BA -015) IN THE AMOUNT OF $475,532. City Manager Murphy reported that there are people in the audience that can assist with any technical questions regarding this issue. He distributed a handout, "Exhibit E," showing the breakdown of the numbers with some notes added in the right hand column. General Services Director Niederhaus, responding to Mayor Hedge's question, reported that to date the City has spent less than $25,000 for consultants on this issue. Mr. Murphy explained that the AQMD levies and collects fees (AB 2766 fees) on motor vehicle licenses to reduce air pollution and emissions. A portion of the fees are retained by the Air District for their programs, a portion is utilized in competitive grant programs, and a portion is distributed to cities in the basin for use as they see fit to reduce air emissions. The City applied • for a grant in September of 1995 as part of one of the grant programs in the heavy -duty vehicle category, specifically to replace ten of the City's refuse vehicles (diesel) with Compressed Natural Gas (CNG) vehicles. The grant of $413,000 from the Air District plus $68,000 of local City AB 2766 monies is intended to make up the difference in the price of diesel versus natural gas vehicles. The total grant is $500,000 and the City will receive $413,000 and Volume 50 - Page 327 Newport Blvd/ PCH C -2886 (38) AQMD Grant C -3123 (38) BA -015 (40) City of Newport Beach City Council Minutes October 28, 1996 INDEX a sub - grantee, Sunset Property Services, will receive $77,000 for five street sweepers. The City will be replacing ten refuse vehicles out of a fleet of eighteen. Based on the current schedule, seven vehicles are due to be • replaced now and the other three would be replaced a year or two early. Some of the benefits of the program that staff has identified are: 1) vehicle maintenance costs for three of the refuse vehicles would be reduced since they would be replaced earlier than normal; 2) the natural gas fuel would be purchased at 33% lower per gallon equivalent fuel cost (diesel cost today is $0.99 per gallon and the cost for CNG at the City yard with a slow - fueling facility will be $0.67 per gallon); 3) the air pollution emissions will be reduced by a total estimated minimum of 9,493 pounds per year, which can be utilized as a tool for the reduction of air emissions to revise the Rideshare Program and the direct expenses from that program; and 4) reduction in operating noise from the engine. He explained that the engine noise will be reduced, however the noise from the tipping arm cannot be reduced. The cost for the City to purchase ten CNG vehicles with a five -year lease is $1,682,682. He explained the offsets and the expenses as depicted in the handout and explained that all of the expenses will come from the $250,000 of the City's AB 2766 fees. The total cost of the program is $1,112,962. He described the comparisons shown on the Exhibit and pointed out that if the City were to buy 10 diesel refuse trucks versus 10 CNG trucks through this grant, the net savings would be $41,000. If the City didn't buy the 10 natural gas vehicles and instead bought seven diesel vehicles the cost up front of moving forward with this program and buying the three early is $317,785. He said these vehicles will have larger, heavier tanks which will result in a smaller payload on the refuse trucks. He said staff was very concerned with the reliability of the engines and stressed the importance of having reliable refuse trucks that are operable on the street. He said that • based on all of the factors mentioned and in the report, staff is recommending that the City Council accept this grant. He pointed out that the actual contract with the Air District is in the packet, however the Assistant City Attorney reviewed the contract and identified some concerns specifically related to the sub- contractee and any potential liability for any errors or acts of negligence on their part. The subcontractee, in a side contract, has agreed to indemnify and hold the City harmless. In response to Council Member Glover's questions about the annexation of downcoast, Mr. Murphy explained that if the ballot measure fails and the City moves forward with annexation, there is the potential that the City would have to pick up the trash and staff wants to make sure there is equipment in the total fleet that would be capable of doing that. He further explained that the refuse hauling can be done with the City's present trucks, however a natural gas vehicle was tested on Newport Coast Drive and on some of the hilly streets in the Newport Coast area to make sure they can successfully get up and down the hills. Council Member Glover pointed out that the executive summary stated that the limited availability of the CNG engine is responsible for the increase in cost, however this will be offset by the use of grant funds. She explained that she voted against applying for this grant originally because she saw no reason why the people of Newport Beach should pay for the City to experiment with natural gas vehicles. She said that originally The Irvine • Company was involved in this and they pulled away, so she questioned what would make the City think they could be successful when a private company couldn't be. She said that in essence the City would be setting up a new business and questioned the appropriateness of that. She spoke against the acceptance of the grant and said she feels that it is incorrect and improper for the City to be experimenting with natural gas vehicles. Volume 50 - Page 328 City of Newport Beach City Council Minutes October 28, 1996 INDEX Mr. Murphy pointed out that on page 6 of the staff report there is a discussion of the Alternate Fuel Vehicle (AFV) fueling station. He said that when the grant application was initiated in September of 1995 staff had. • planned, in conjunction with the grant application, to work with The Irvine Company to construct a fast fueling facility at Jamboree and MacArthur. Originally, the grant application would have required the City to participate by helping entitle that site in terms of getting it through the City's system and the Coastal Commission. He said the intention was to construct a fast - fill fueling facility on a portion of the site and develop the rest commercially. After exploring the costs of dealing with the large hole in the ground, the grading, etc., The Irvine Company decided that it was not economically feasible. He said the City currently fuels its fleet with two kinds of fuel, diesel and reformulated gasoline, and for a number of years the City staff has looked to see if there are other alternate fuels available that may make sense. He provided a list of examples of other cities and agencies using CNG vehicles. Council Member Glover said she believes the message to the public is incongruous when the Council says that the budget is very tight and then gets involved in experimental programs. Mr. Murphy explained that the original grant was to acquire the vehicles at basically equal cost to diesel through the use of the grant and to have a fast - fill CNG facility both available to the City and commercially available to the general public. He said the key to making that station work was the airport (the vans and shuttle service), as well as taxi -cabs. He further explained that initially the City had a larger grant for more vehicles, however it was reduced down to ten during the competitive process. He explained that it • would have required some additional investment by Mesa to build the station, some investment by The Irvine Company in terms of the use of their land and the. future development of their land, with no direct City costs in the fueling facility. In response to Mayor Pro Tern Debay, Mr. Murphy explained that the grant funds come from motor vehicle license payees in the air district area and the grant will pay the incremental cost to buy the natural gas vehicles, since they are more expensive per unit. Council Member Watt asked for clarification on whether the price of natural gas is less at the pump and Mr. Murphy explained that it is 33% less ($0.99 versus $0.67 per gallon), however because of the loss of payload and the heavier fuel tanks, the fuel economy is less. Mr. Guthrie, Fuel Solutions, said that he, on behalf of staff, aggressively researched the engine maintenance issue and the bottom line is the engines that will be used in this program will be third - generation engines that have gone through evolution for about the last four years and are primarily from Cummins Engines. The engines are deemed to very reliable and have essentially equivalent down -time ratings as their diesel equivalents. In response to Mayor Hedge's question about whether the price of natural gas is subsidized in any way, Mr. Harger, Southern California Gas Company, • replied that it is not, and that it is a fully weighted cost. He also reported that the natural gas rates are relatively flat and have maintained a flat nature over the last few years compared to diesel and gasoline which spike depending on what happens in the Middle East. He said he can't guarantee the City a fixed rate, however he said that based on the forecast of the cost of natural gas over the next ten years, there is less than a 2% increase forecast per year. Volume 50 - Page 329 City of Newport Beach City Council Minutes October 28, 1996 1" 1 ' Mr. Guthrie said that most cleanup programs are evaluated on cost effectiveness and that is the major criteria that is used to judge programs. • The format subscribed to by the Air Resources Board and AQMD to determine cost effectiveness is just under $8.00 per pound over a 10 -year life of the vehicles and there are many programs that have been funded that cost as much as $20 -40 per pound. Mr. Guthrie said that the engine that is going to be used in the vehicles is manufactured by Cummins and they are currently on the third generation of development. In response to Mayor Hedges, Mr. Guthrie said that other emission reduction strategies that cities can use these funds for and that grant applications are made for include telecommuting, rideshare programs, and building bike paths, etc. He said he does not have information on the dollar per pound emission reduction value, however as a category, heavy duty programs are the most cost effective. He explained that programs can be funded that would displace gasoline light duty pickup truck type usage, and programs that can displace diesel in transit applications. Mr. Harger reported that Chevron is in the process of implementing a program and have found that replacing 40 UPS vehicles with natural gas vehicles is more cost effective than car scrapping. He said car scrapping is an option that is often chosen, however this is a more cost effective option. Harold Jasper questioned whether this is the cost for purchasing front - loading trucks and asked what the sense would be in buying front loaders to replace side loaders or rear loaders. • General Services Director Niederhaus explained that the City operates three types of trash trucks: 1) rear loaders that are used for very narrow alleys where the driver can't exit the vehicle and someone has to stay behind the load; 2) side loaders which will be replaced by the CNG truck; and 3) the front loaders, which are the best for the City as far as workers comp and injuries. He said the plan is to replace the side loaders with six front loaders. Madeline Arakehan, owner of a trash hauling company and president of a trade organization, addressed problems with the vehicles backfiring and said that even though they have improved, they aren't cost effective. She also voiced concerns about grant money and asked Mr. Murphy if the City pays DMV license fees, to which he replied no. She said she cannot see the necessity since the trucks aren't cost effective and the downtime is 33% rather than 9 -10 %. Mayor Hedges asked Mr. Murphy if he envisions having increased internal service fund costs with the purchase of natural gas vehicles. Mr. Murphy explained that because the proposal is to buy three vehicles earlier than scheduled, the additional cost is $317,000. The money would be incurred at some point, however it will be incurred a year or two earlier and during the second year there will be higher costs, which also would be incurred at some point. • Mr. Niederhaus reported that the City currently has three trucks that should have been replaced last spring and the earliest new trucks can be received (diesel or CNG) is next spring. He said that staff is proposing to purchase a total of ten trucks, which will decrease the overall maintenance costs because the hydraulics, welding, and mechanical repairs are costly and time consuming. He reported that as pointed out by Mr. Murphy the other Volume 50 - Page 330 • • • City of Newport Beach City Council Minutes October 28, 1996 three trucks are being replaced approximately two years early and it will require advancing the money in the Internal Service Fund. He further explained that the recommended budget amendment in the amount of $475,000 is merely an advancement of the AQMD funding. He said the money to pay for and finance the higher cost for the CNG vehicles is not in the budget and this is the authority staff needs to prepare the specs for the purchase of ten new trucks. Mr. Niederhaus reported that if the trucks prove to be successful, he would hope to expand the usage. Mr. Murphy said that if the program is expanded or other vehicles are replaced with natural gas vehicles in the future, the replacement costs will be higher assuming there are no grants available. Mr. Harger said that the costs will come down as more vehicles are manufactured and Cummins recaptures their investment dollars for research in that engine. In the Southern California Gas Company territory, there are approximately 4200 vehicles operating on natural gas (about 50% private and 50% municipal, federal and state fleet). Motion by Council Member O'Neil to approve the AQMD contract that stipulates the conditions of acceptance of a grant for $500,000 for an alternative fuel vehicles program and authorize staff to execute the contract and proceed with the program; approve Budget Amendment (BA -015) for $475,532 for the purchase of ten compressed natural gas refuse trucks to provide interim funding until AQMD grant funds are received; and approve budget amendments for the construction of a Corporation Yard compressed natural gas fueling station, mechanic training, tools, and upgrades to the Equipment Maintenance Shop as outlined in staff report. Council Member Watt spoke in support of the motion and noted that if the City can make this pencil out it might help with other programs, such as the Rideshare program. She noted that the annual funds received from AB 2766 can be spent on this type of thing which does more to reduce the emissions from transit than other programs. In response to Mayor Hedges question about whether more trips would be required because of the loss of payload due to weight and configuration of the tanks, Mr. Niederhaus explained that it would require an extra six round trips by each of the trucks. In other words, six of the eighteen trucks would make one extra round trip per day, which would amount to about $400 per week if all the overtime is considered, or $16,000 per year. He said that it would be offset by the fuel savings and the rideshare savings of $30,000 and $7,000, respectively. He said the cost estimate for the City to build the fuel station which will allow the trucks to be fueled overnight is approximately $70,000, however the Gas Company has offered to sell the City fuel savers, which are small individual units for each truck, as well as install the gas meter. The City crews will be installing the underground pipeline to the parking area, the trucks will be pulled in at night and plugged into the fueling station to be fueled automatically overnight. He said the $0.65 per gallon includes the maintenance on the compressor, the replacement and the CIP costs. He said the CIP costs will be borne from the 2766 Subvention Funds and not City funds. Mayor Hedges stated that he will not support the motion because it has not been shown that it will result in a net savings to the City. He said the City has already expended $25,000 out -of- pocket cost for the consultant, which is not reflected in the report, and have estimated an additional $16,000 per Volume 50 - Page 331 INDEX City of Newport Beach City Council Minutes October 28, 1996 year in trip costs. He said the report also does not reflect the additional Internal Service Fund costs that the City will have to bear in the absence of any other grant programs. He said that at best this results in a wash for the • City, however it completely ignores the rather excessive cost borne by the taxpayer at large to subsidize this program. Council Member Cox said it is unfortunate that the Council is scrutinizing this issue the way they are and he has never seen this kind of scrutiny on a proposal to replace a vehicle or any other product. He said nobody talks about the health costs of almost $7 billion per year due to the asthmatic conditions that are caused by foul air. He said the reality is that these vehicles are not futuristic and many companies have invested to generate and create a market for them. He said the state legislature passed AB 2766 in an effort to raise funds to help deal with the air quality problem and to assist cities with converting their dirty vehicles into cleaner vehicles. The motion carried by the following roll call vote: Ayes: O Neil, Edwards, Debay, Cox, Watt Noes: Glover, Mayor Hedges Absent: None Abstain: None 24. FINDINGS AND RECOMMENDATIONS OF THE HEARING OFFICER IN THE MATTER OF THE APPEAL OF MARIE NGUYEN (MASSAGE PERMIT TECHNICIAN PERMIT DENIAL). Harvey Ginn, 555 E. Ocean Blvd., Long Beach, legal counsel for Marie • Nguyen, explained that his client has had a license with the City since 1987, has been in her current location since 1991 and during this entire period of time there has been no suggestion of impropriety at these locations. In 1992 while working in the City of Long Beach she suffered a conviction which would have disqualified her from holding a license, however the conviction was not revealed on her application. He said the information was not withheld intentionally. He explained that his client is a naturalized Vietnamese who speaks English rather poorly and does not read English very well. He said she picked up the applications and took them out of the building and they were completed by various individuals over the different years. He said Ms. Nguyen signed the applications and returned them, however it was not explained to her that she was signing under penalty of perjury to the entire contents of the applications. He asked that this matter be referred back to the Police Department to determine what restrictions the department could live with in this particular case. In 1992 when there was a problem, Ms. Nguyen took immediate steps and fired the involved employees and turned their licenses in to the City the very next day. He said that his client would be very amenable to any type of restrictions that the Police Department may place upon her as to hours or mode of operation. He indicated that his client is present, along with her interpreter, if the Council wishes to direct any questions to her. He said that at her particular age she has no other training and no other means of being self - supportive. In response to Mayor Hedges, Mr. Ginn reported that Penal Code Section 647(a) is engaging in a lewd act and his client plead no contest to the charge. • City Attorney Burnham stated that he read the hearing officer's report and the report states that the same argument was presented at the hearing, and in spite of that, the hearing officer recommended that the decision of the Police Department denying the massage technician permit be upheld. He said the denial is mandated by provisions of the municipal code which states that a conviction of that particular Penal Code section is basis for denial. Volume 50 - Page 332 Q1 ` Nguyen Massage Appeal (27) City of Newport Beach City Council Minutes October 28, 1996 Mr. Ginn reported that the hearing officer found that the Chief of Police was entitled to deny the application, not that it should be denied, but merely that • he was within his rights to do so based upon the Code. He said the Council has the right to modify that position and reiterated that he is not asking that the license be granted as is, but that it be referred back to the Police Department for further study to determine what type of restrictions might be imposed upon her to allow her to continue to make her living. Motion by Council Member Edwards to accept, approve and adopt the determination made by the hearing officer to deny the appeal and sustain the decision of the Chief of Police to deny the application for permit as final. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Absent: None Abstain: None 27. CITY POLICY A -9, CITY COUNCIL COMMITTEES. Mayor Hedges explained that this item has been set for action on November 25, 1996. Motion by Mayor Hedges to refer this to the Legislative Committee for recommendation and approval, after staff has completed their work and prior to coming back to Council on November 25, 1996. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Absent: • None Abstain: None 28. COMMUTING VEHICLES (Requested by Mayor John Hedges) [contd. from 9/23/961. Mayor Hedges explained that this item was continued from September 23, 1996 and tonight the Council was to have received a report on commuting vehicles in conjunction with an overall fleet study, which was to have been completed six or seven months ago. He explained the problems that have been encountered with getting the study completed and noted that apparently the new consultant has not done the job or provided the City with the answers that staff wanted them to provide in respect to commuting vehicles, thus resulting in another delay. He said he pulled this item to underscore the ongoing nature of the commuting vehicle question which has been going on for six years as the City has been attempting to come to some sort of policy decision on this issue. According to the last survey, he said Newport Beach was up near or at the top in the number of commuting vehicles per number of employees. Motion by Mayor Hedges to continue this item to November 12, 1996. The motion carried by the following roll call vote: • Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Absent: None Abstain: None Volume 50 - Page 333 INDEX Council Policy (69) Budget (40) Fleet Maint & Procurement Arroyo Assoc C- 3041(38) City of Newport Beach City Council Minutes October 28, 1996 PUBLIC HEARINGS 29. UNDERGROUND UTILITIES IN PROPOSED ASSESSMENT • DISTRICT NO. 71 (BALBOA BOULEVARD BETWEEN "A" STREET AND "H" STREET). Public Works Director Webb reviewed the procedures for the assessment district and outlined the steps that would need to be taken if the Council decided to proceed with the formation of the district or if the proceedings are abandoned. He explained that there are 173 parcels in the district and the total cost of the improvements are $1,355,000, therefore, the assessment for each parcel is $7,832.37. He stated that as of this morning the City had 29 letters representing 32 parcels or 18% of the District in protest and 57 letters representing 57 parcels or 35% in favor of the District. At noon the City Clerk received 72 letters of protest, mostly form letters. He distributed copies of three of the letters and explained their contents. He said that staff contacted 28 of the 72 that came in and was successful in reaching 15 of the 28 who said they did not send the letters and were still in favor of the District. If all 72 protest letters were accepted, there would be a 53% protest. If the 15 that were contacted were not included as valid protests, there would be a 46% protest, which would be considered an unconfirmed protest. He said there are three or four people in attendance who did not sign the letters and will attest to that. He reported that staff contacted the Newport Beach Police Department and asked them to begin an investigation and they in turn contacted the District Attorney's office to assist with the investigation. City Clerk Harkless stated that the letters were delivered in the mail on • Monday. Mac Brown reported that as of about 11:00 a.m. on Monday morning there was a 17 -18% protest and about 35% in favor. After the receipt of the letters, he said he had staff start calling the people to try to determine if the signatures were valid. He said this is quite unusual and may border on fraud. He said he will ask staff for a report on the percentage of valid protests and if that figure is less than a majority, which it is at this point in time, then it is within the Council's discretion as to whether or not to proceed. He said he isn't sure whether they will have an accurate figure exactly as to the protest count this evening, but it appears that it will be less than the 50% threshold. In response to questions raised by Council Member O'Neil, Mr. Brown explained that if it is determined within the next 25 -30 days that there was actually a valid written majority protest, the proceedings can be aborted. Mayor Hedges opened the public hearing. Gus Chabre, 1128 E. Balboa Blvd., pointed out that by counting the 15 signatures as invalid protests, the percentage of protests is under 50% and it is within the Council's power to grant the formation of the District. He said that if the proceedings are stopped, whoever is responsible for the forged letters, will have accomplished their goal. • Bill Wren, 1118 E. Balboa Blvd., explained that if this issue cannot be decided tonight the entire District will be in jeopardy because the process may change if Prop 218 passes. He said that what has occurred is a blatant travesty of civil rights and criminal proceedings are justified. He also explained that if there are more than 50% protests registered, the Council can by a 415ths vote approve the District, which would eliminate any Volume 50 - Page 334 INDEX Assess Dist 71 Underground Util (89) City of Newport Beach City Council Minutes October 28, 1996 future. Roger Roussett, 121 Via Harbor, clarified that his father, Roger Roussett, • Sr., did not submit the protest letter that was received on Monday, contrary to what his mother told someone on the telephone, and when shown the signature on the petition stated that it wasn't his father's signature nor that of any other family member. Dan Gilliland, 1134 E. Balboa Blvd., in response to comments raised at the first public hearing, said that one reason to underground the wires is for aesthetic reasons. He referenced the number of fires recently started by downed power lines and pointed out that this would be a prime target area for a similar disaster and also pointed out that the guy wires that hold up the poles are a hazard at night. Peter Pallette, 1210 E. Balboa Blvd., also noted that the fire issue is valid and also stated that he believes the cost of the assessment will be recovered by the increase in property values. He strongly encouraged the Council to vote in favor of the formation of the District. Hearing no further testimony, the public hearing was closed. Mac Brown briefly reviewed the steps necessary to form the assessment district. He explained that the statement made by Mr. Wren about the 415ths vote option is correct and if the Council wants to take that action they would need to make a finding that the District is necessary because of public health and safety reasons. • Motion by Mayor Hedges to adopt Resolution No. 96 -89 approving utility agreements for approving contracts with the respective utility companies for the underground work, and authorizing execution of the contracts; adopt Resolution No. 96 -90 confirming assessments which takes final action regarding any protests, confirms the assessment, approves the final Engineer's Report and orders the works of improvements; adopt Resolution No. 96 -91 authorizing issuance of bonds which sets forth the terms and conditions for the sale of bonds and approves the Purchase Agreement submitted by the designated underwriter; and to deny the protests and form the district based on public health and safety factors as noted in testimony received. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Absent: None Abstain: None RECESS AND RECONVENE The Council took a brief recess at 9:00 p.m. and reconvened at 9:15 p.m. with all members present and seated. 30. CHINA PALACE RESTAURANT (Jack Mau, Appellant) - 2800 WEST COAST HIGHWAY - MODIFICATION NO. 4464 (Review of the • decision of the Planning Commission on the appeal of the Modifications Committee's action concerning the proposed construction of a 6 foot 4 inch high fence to enclose an outdoor dining area along West Coast Highway. The lower 3 foot 4 inch portion of this wall is solid, topped by 3 feet of glass, and will encroach to within 2 feet of the front property line along West Coast Highway). Volume 50 - Page 335 INDEX Zoning/Mod 4464 China Palace Rest (94) City of Newport Beach City Council Minutes October 28, 1996 INDEX Assistant City Manager Wood explained that the request is for a wall along the front of the restaurant that is a total of 6'4" high with the lower 3'4" • solid and the upper portion glass. The Modifications Committee approved it initially but with a change in the design so that the wall would enclose only the accessory outdoor dining area. She explained that the change was made because of a provision in the Mariner's Mile Specific Plan that says that 50% of any lot frontage abutting Coast Highway shall provide a setback of not less than 10 feet from the 12 foot setback that was established for the street widening. The outdoor dining area is allowed to encroach into that as per the ordinance, however the outdoor dining ordinance also provides that fences, walls or similar barriers shall serve only to define the dining area and not constitute a permanent or all- weather enclosure. The applicant appealed to the Planning Commission and the Commission shared staffs concerns with regard to the requirement of the Specific Plan. The Planning Commission took into consideration the applicant's concern that if the wall were shortened to just enclose the accessory outdoor dining area that it be placed so that it respected the architecture of the building. The Planning Commission approved the modification with the smaller area of the wall with it connecting to the building in a more appropriate place. The Commission also wanted to decrease the amount of the wall that is solid, therefore added a condition that the solid portion should be no higher than 2'10 ". She explained that the City Council has the option of upholding the Planning Commission's decision or modifying it, or denying the modification application. Motion by Council Member Glover to modify the action of the Planning Commission to approve the construction of a 6'4" high fence along West • Coast Highway with the lower 3'4" portion of the wall to be solid and topped by 3' of glass, which may encroach to within 2' of the property line along West Coast Highway, and to delete Conditions 2 and 6. She explained that the motion will allow the 6'4" wall along the length of the building as originally proposed by the applicant. She said that when she originally looked at this she did not feel that this was appropriate, but after further review and taking into consideration what the City is trying to do on Mariner's Mile to improve the aesthetics, she thinks this is an appropriate way to go. She said to have the line of the wall extend from one end of the restaurant to the other will have a much better look, as far as symmetry, than if the wall is brought in half way to the building. Dan Johnston, 1033 Bangor St., San Diego, architect for Jack Mau, explained that the only change that is reflected in the drawings that wasn't mentioned by Council Member Glover is that the wall has been changed so the solid part is lowered six inches to 2'10" and the upper part (the glass part) will be 3'6 ". Based on the information provided by Mr. Johnston, Council Member Glover restated her motion, which is to modify the action of the Planning Commission to delete Condition #2, which will allow the wall to be the length originally proposed by the applicant. She explained that this sustains the Planning Commission's decision to lower the solid portion of the wall to 2'10 ". • Mayor Hedges opened the public hearing, and hearing no testimony, closed the hearing. Council Member Watt spoke in support of the motion and commended Council Member Glover's efforts to beautify Mariner's Mile and said that it makes more aesthetic sense to allow the wall the entire length if outdoor Volume 50 - Page 336 City of Newport Beach City Council Minutes October 28, 1996 dining is allowed. She said she doesn't really like the outdoor dining at all in front of this particular building because it 'impacts the setback and it would be better if it could be on the roof. The motion carried by the • following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Absent: None Abstain: None 31. CITY DEVELOPMENT AGREEMENTS/ANNUAL STATUS REPORT City Manager Murphy explained that this is a status report on Development Agreements 4, 5, 6, 7, 8 and 9, which the City has entered into with various parties. He said the development agreements are with The Irvine Company, Library Exchange Agreement; Hoag Memorial Hospital; The Irvine Company, Circulation Improvement and Open Space Agreement; Pacific View Memorial Park; Ford Motor Land Development; and Fletcher Jones Motor Cars. He further explained that as a provision of each of the agreements, the Council is required to conduct an annual review on the status of the agreements and conduct a public hearing. Mayor Hedges questioned how long the document has been available to the public and staff responded that it was made available on Wednesday prior to the Council meeting and the parties involved had it for over a month. He requested that in succeeding years the document be available to the public earlier so that they can testify, if they so desire, and also so everyone has enough time to look through it. • Council Member Watt, referring to CIOSA, said it was her understanding that the open space parcels were to be dedicated when the development permits were issued for the major properties (Castaways, Newporter North, and Bay View Landing) and asked if the dedications have occurred. City Attorney Burnham said there were three thresholds for dedication: 1) the issuance of the first building permit on Castaways or Newporter North; 2) the completion of the residential development; and 3) that all of the parcels would be developed as entitled. He explained that the open space dedication chart is Exhibit E to the CIOSA report and summarized that Bay View Landing and Newport Knoll were to be dedicated upon the effective date of the agreement; Upper Castaways and Newporter North, and Freeway Reservation North were to be dedicated upon the issuance of the first building permits; San Diego Creek South, San Diego Creek North (which is no longer a candidate), and Jamboree/MacArthur were to be offered for dedication upon the issuance of the last building permit for all projects contained in the agreement, although the company could waive that condition; and Newport Village was to be dedicated upon the issuance of the first building permits for both Upper Castaways and Newporter North. Motion by Council Member Watt to direct staff to bring back a specific status report on November 12, 1996 on CIOSA to clarify the actual dedications. Mayor Hedges opened the item up for public discussion. In response to Mayor Pro Tem Debay, Mr. Murphy stated that if Prop 218 passes it will not change these agreements. Motion by Council Member Edwards to receive and file the reports. It was clarified by Mr. Burnham that the motion makes the determination of good Volume 50 - Page 337 I IN 3) W'l TIC/Library #4 C -2823 (a) Hoag #5 C -2912 TIC /Open Space #6 CIOSA C -2920 Pac View #7 C -3058 Ford Motor #8 C -3059 Fletcher Jones #9 - 3067 (38) City of Newport Beach City Council Minutes October 28, 1996 faith and substantial compliance with each agreement by the other party, except as to Development Agreement No. 6, which was continued until November 12. The motion carried by the following roll call vote: • Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Absent: None Abstain: None Maxine Cohen, 118 33rd Street, distributed photos and a letter addressed to the City Council dated October 27, 1996 requesting that consideration be given to changing the parking on 33rd Street on the Balboa Peninsula in the 100 block between Balboa Boulevard and Seashore Drive, from the south to the north side of the street. She reviewed the reasons for her request as outlined in her letter. She further explained that her concerns had been passed on to staff who indicated that a poll of residents on the street would be required in order to get a consensus. Mayor Hedges requested that Ms. Cohen's letter be given to the City Manager and that this issue be referred to the Traffic Affairs Committee for review and consideration. • Rose Parvin, 412 31st Street, voiced concerns about the Cannery Village area in conjunction with the 47 liquor licenses that have been granted and the resulting devaluation of her property. • Council Member Edwards asked Council Member Watt how much money was raised on the Bay to Beach event. She indicated that she had not heard, however Mr. Murphy indicated that he thought it was less than last year due to the smaller turn -out. • A member of the public (name not given) thanked the Council for taking a stand against the Mermaid establishment. 32. ECONOMIC DEVELOPMENT VACANCIES: Motion by Mayor Hedges to appoint Seymour Beek as the Marine Industry representative and John Blom as the Corona del Mar representative. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Absent: None Abstain: None Jt i 4 WY 0 RIM IU 33. UNSCHEDULED VACANCY ON THE CITY ARTS COMMISSION. • Motion by Mayor Hedges to accept the resignation of Ken Marshall effective October 16, 1996; appoint Mayor Pro Tem Debay and Council Members Edwards and O'Neil to the Ad -Hoc Appointments Committee; and direct the City Clerk to post and publish a Special Vacancy Notice requesting that applications be submitted by 4:00 p.m. on Wednesday, November 13, 1996, and schedule the submission of the nominations to the Council on November Volume 50 - Page 338 INDEX EDC (24) Arts (24) City of Newport Beach City Council Minutes October 28, 1996 25, 1996 with the final appointment to be made on December 9, 1996. The motion carried by the following roll call vote: • Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Absent: None Abstain: None 34. MEASURE Q (Requested by Council Members Watt and Glover). City Manager Murphy explained that this item originated from two separate requests from two Council Members. Council Member Glover requested a discussion of what would be done with future savings that would be generated if Measure Q is successful; and Council Member Watt asked for a discussion related to the impact on small businesses and how the City might be able to assist them if Measure Q passes. He said staff has identified that if Measure Q passes there would be a savings of $250,000 from the City's discontinuation of providing the service to the small businesses which put their trash at curbside. He indicated that his recommendation is that the savings be used to continue to rebuild the reserves to achieve the Council's goals. As to Council Member Watt's issue, he said that four meetings have been held with a number of businesses. He said that staff has attempted to meet with the businesses to find out what their issues are in terms of how they will comply. He reiterated that staff has consistently said that if Measure Q passes the City will no longer provide the service in the commercial districts, however would assist the businesses in the transition to trash collection by the private sector. Another issue is the problem with illegal dumping in someone else's bin, which is an issue that the City tries to assist with today and are willing to continue to assist with. He stated that the City will be available to try to help make the transition easier and said that if it isn't being done successfully to please advise him. Speaking on behalf of the Pier Association, Marcia Dossey stated that a majority of the business owners did not receive the original letter and asked whether the letters would be forthcoming and additional meetings scheduled. Howard Silver, business owner on Balboa Island, said he can't understand how this came about and why the business people were not involved in this. He said that if the residents get refuse pickup once or twice a week, the business people should get at least get that much for their tax dollars. He said he thinks the whole thing is a smoke screen and the City is preparing at some future date to go into the trash collecting business and will eventually charge the residents an extra fee. He pointed out that there is a lot of money in trash and noted that it is interesting that $75,000 of taxpayers money has been used to finance this initiative. Council Member O'Neil, addressing Mr. Silver's statement about this leading to the City's ability to charge residents a fee, clarified that this is an initiative measure that needs to be voted on by the people and if the City ever attempted to charge a fee for residential refuse collection that too would have to be voted on. He said Measure Q actually reaffirms the people's • desire not to be charged a fee for residential curbside collection. Mark Kehke, 73 Bridgeport, Newport Coast, explained that the downcoast citizens pay private waste haulers to pick up their trash ($35.73 /qtr.). He said he understands that economics is one of the major hurdles to the annexation since the County is trying to control how much tax revenue would be transferred to the City. From his perspective, he said in order to Volume 50 - Page 339 INDEX Election (39) Measure Q Finance (40) City of Newport Beach City Council Minutes October 28, 1996 INDEX make it easier to annex this area into the City, he would be willing to continue to pay for trash collection. In response to Council Member Edward's question about insurance cost differences between downcoast and • the City, Mr. Kehke said he hasn't researched this, however has been told that because of the difference between City and County fire service, the fire insurance cost will go down if the annexation occurs. Harold Jasper, 1218 Sand Key, Corona del Mar, commended the Council for planning the use of potential savings. He said that it is clear that instead of saving $250,000 per year if Measure Q passes, the City may actually face a resulting liability of $50 million merely because this was placed on the ballot. He explained his statement by noting that in the staff report Mr. Murphy incorrectly states that he is quoting from the 1959 initiative passed by the voters, when in fact he quotes from Ordinance 1403 passed by the City Council on November 8, 1971, establishing new rules and regulations regarding trash disposal. He pointed out that in Section 604 -160 of the 1971 ordinance it is stated that the City Manager has the powers and the duties to, among other things regarding trash, establish rules and regulations governing storage, collection and disposition, including the determination of standards and specifications for approved containers and the placement of such containers. Based upon the language of the existing municipal code and the City's 25 year history that free collection of trash is limited to defined curbside containers, he asked if anyone truly believes that the City Manager, the City Attorney and the City Councils have been breaking the law for 25 years. He said that the placement of Measure Q on the November 5th ballot to eliminate continued law violations is the clarion call to contingency litigators to base a $50 million claim against the City on behalf of all commercial, apartment and condo owner tax payers who have not been • provided free trash pickup for the past 25 years. He said the unspoken agenda referenced previously has to do with secret negotiations which have obviously been taking place regarding the annexation of Newport Coast. He said the basis for this conclusion is that it is common knowledge that the County will only give up 10% of the property taxes collected in Newport Coast to the annexing City and the City currently receives 17% of the property taxes collected by the County. He said that a Newport Coast annexation fiscal analysis has not been publicly acknowledged by any of the players and he asked if it is possible that a deal has already been struck wherein Newport Beach has already agreed that it will not collect trash and pay for it from ad valorem taxes and will accept the 10% portion of property taxes offered by the County. Council Member Cox told Mr. Jasper that his comments entirely are insulting and totally unfounded and there is no basis for the things he said. He said he has sat in the meetings that Mr. Jasper calls "secret" and no one has made a deal or even suggested 10 %. He said he would appreciate it if in the future he treated this organization, this Council and these people with a great deal more respect because they deserve a lot more respect. He said the Council is not up here for fun and are trying to act in the City's best interest and they work day and night to do that. He said that for years the Council has had the discussion of annexing the Newport Coast on their agenda, it is in the Council's sphere of influence, and has been discussed for at least 20 years. • Council Member Glover clarified that the reason that this City Council took this up is because they felt the need to clarify and close what was felt to be a loophole that has been there for many years. She said that this was done with no hidden agenda and the City Attorney does not feel the clarifications could have been handled by an administrative act. Volume 50 - Page 340 City of Newport Beach City Council Minutes October 26, 1996 IlVDEX Mr. Jasper stated that the 1959 ordinance is moot because the ordinance adopted in 1971 (Ordinance 1403) clearly spells out that the City Manager has the administrative responsibility to set the standards and for 25 years • curbside collection has been defined as "a can put out on the curb" and has restricted its curbside collection to cans. He explained that there was an ordinance adopted in 1954 and again in 1959 that eliminated the cost because it stated that 25 cents per $100 of assessed valuation should be set aside for trash collection. City Attorney Burnham pointed out that the text of the current code (6.04.170) is essentially identical to the initiative that was passed in 1959 and explained that an initiative ordinance can only be amended by a vote of the people. He said he has looked at Dr. Jasper's argument about the authority given the City Manager regarding the setting of rules, etc. for the collection of trash service, and those powers granted to the City Manager do not trump the vote of the people in the initiative ordinance, which was simply recodified in 1971. Mr. Burnham explained that the ordinance says the cost and expense of collecting, hauling away and disposal of garbage shall be defrayed exclusively from the ad valorem property tax revenue for the City. He said the City can determine the frequency of the collection, however if someone were to go out and hire a refuse service to collect their trash on a daily basis and present the bill to the City, there would be a distinct possibility that a court would say that the City has a legal obligation to pay that bill. He said it is his understanding that this is the reason why Measure Q is on the ballot and is a concern that has been expressed by his office for an extensive period of time. Madeline Arakelian said she is not in favor of Measure Q only because of the • annexation situation and the different treatment those residents will receive. She said that as a trash hauler it would be beneficial if she voted for it. She said that in the 45 years she has been in the industry, it has not been an easy industry and she has seen more and more very small family owned, three- generation businesses going out of business. She thanked the Council and the past Councils for allowing her and the other haulers to participate in the City of Newport Beach and pointed out that in the 33 cities of the county, Costa Mesa, Irvine and Newport Beach are the only ones that have an open forum for waste haulers and they all compete. She estimated that the average monthly cost for pickup for a small business with a 3 -yard container would be anywhere between $25 -55 for once a week service. John Robinson, 2012 Leeward Lane, said that for over 30 years the City with its small and proper equipment successfully serviced these 200 small businesses, mostly with no more trash than a large household, and situated in the cramped areas of Corona del Mar, Old Newport, the Peninsula, Balboa Island, and the majority intermingled with private residences which are actually above the business itself. If Measure Q passes, by the end of the year there could be ten or more reluctant trash collection companies tying up the alleys in the early morning hours, noisily trying to distinguish the difference between household and commercial waste. He asked why the City would pay over $70,000 to put this measure on the ballot and asked if there is a possibility that this is the first step in making all Newport households pay for their trash pickup either by the City or by a commercial company of • the City Council's choice. Responding to Council Member Edwards, Mr. Murphy explained that the entire election budget is approximately $32,000 and the City Clerk estimated the cost of Measure Q to be approximately $3500- $5000, so he is unsure of where the $70,000 number came from. Volume 50 - Page 341 City of Newport Beach City Council Minutes October 28, 1996 _111 Council Member Glover voiced concerns about the inaccuracy of the figures that have been quoted and Mr. Johnston stated that he received the figures from the County. • Ray Handy, 44 Whitewater, Corona del Mar, Central Balboa Business Improvement District board member, said that most of the merchants aren't against paying to have their trash picked up, but there is a logistical problem with having private haulers come to Balboa. He said they called 12 of the haulers on the list and of those they called none of them would pick up small trash containers. He said there are approximately 100 businesses in Central Balboa, and approximately 30 of the larger ones have private haulers now, approximately 10 -15 have space to put a large trash bin on the property, approximately 20 have space only for small trash cans in the alley, and approximately 30 others have no space to put trash out at all, so the City has a central location on Bay Street with six bins. He said there are up to 70 businesses and as many as 17 residents that use these six three -yard containers. If Measure Q passes, Balboa will have to maintain a trash site located on Bay Avenue in order to accommodate those merchants that do not have space to put bins on their property. He said the problems associated with maintaining the site are: 1) who will enforce which merchants can use the site; 2) who will determine what each merchant will pay; 3) who will collect the monthly payment from each merchant or resident; 4) who will pay the monthly bills; 5) who will control the site and keep it clean; and 6) there is no way to collect from the residents who use the site. Phil Sansone, Corona del Mar, said that years ago the Newport Beach voters passed an initiative ordinance that required that the City provide refuse collection from ad valorem taxes, however the ordinance did not distinguish • between commercial and residential collection. Initially, it was a City policy to collect commercial refuse provided the number of containers was comparable to that normally picked up from residential properties. Over time the number of businesses using the free service grew from the relatively few to around 200 and the number is constantly increasing and now they generate so much refuse that it costs the City $250,000 a year to provide up to six collections per week to handle the load, in contrast to the weekly collections provided to residents. He said hindsight says that the City should have curtailed the number of commercial pickups as well as the cost quantity, but the alternative was that there would be overflowing trash cans, boxes, etc. and unhealthy conditions as a result of it. Not incidental to this issue is that the residents are now subsidizing the business recycling by paying $2.03 per month recycling surcharge for one pickup per week, while the small businesses pay the same amount for up to six collections per week. He said that if the City started charging the 200 businesses the true cost of recycling than they would find contracting with commercial haulers to be more economical since many cannot get by with one or two collections per week. If Measure Q fails current City taxpayers will not only have to continue to foot the bill for refuse collection for those 200 businesses but will also have to pay for the businesses and residences in areas that the City may annex, who now pay for their own refuse collection. He said Measure Q is written to protect the current Newport Beach taxpayers in the event that the revenue from the annexed areas does not cover the cost of providing essential services. The theory that charging annexed areas for refuse • collection creates separate classes of Newport citizens doesn't hold much water since there are many offices, apartment and condominium complexes, as well as gated communities and the majority of the businesses in the City that already pay for refuse collection. He said his recommendation to the voters of Newport Beach is to vote "yes" on Measure Q and also to elect Jan Debay, John Noyes and Dolores Otting to Council. Volume 50 - Page 342 City of Newport Beach City Council Minutes October 28, 1996 INDEX Rush Hill, Chairman of the Board of the Newport Harbor Chamber of Commerce, reported that the Board has looked at this measure and urges support of it. He said the Board believes that the intent of the ordinance on • the books is to provide for trash pickup for the residents of Newport Beach to be paid for out of general fund money and not as a special fee. He said they do not believe it was ever the intent of the ordinance to include business in that definition, however the way it is written, it does include business and approximately 190 of the 7000+ businesses avail themselves of this service today and some of them as often as daily. If additional businesses continue to use this ordinance for their free -trash pick -up there may be an unfunded liability as large as $5 million. He said their Board would not vote in favor of this issue if they felt it was an anti- business issue.. Mayor Hedges, responding to remarks made by Mr. Hill, noted that he speaks for a Chamber of Commerce, which as a representative of the business community, has supported every single tax and fee increase levied on business in the past five years. He said he heard testimony from a professional in the business that it would cost approximately $50 per month to provide commercial refuse pickup ($10,000 per month or $120,000 a year) for once a week pickup for 200 businesses. He pointed out that there is nothing in the code that requires the City of Newport Beach to pick up daily from anybody and he has been told that the City can't provide daily pick up because a level of service that is artificially set has to be maintained. As far as recycling fee charges, the recycling fee charges probably should be increased for those businesses that take greater advantage of recycling, however that has never been proposed. He said the annexation issue is very real and despite the testimony of one person tonight, if annexation is successful and if this measure is successful, it would create two tiers of • citizens. He said the whole concept of two tiers has a great deal of history, not only in municipal affairs but also in the labor world, and cited the airline industry as an example. The argument that the down coast residents are already paying for refuse service is specious, but it will create problems for the City down the road. He said that there has been a committee formed to support the measure and they filed a campaign statement because they've collected money to support the measure. He pointed out that the contributors are Browning Ferris Industries and Western Waste, two of the largest trash haulers in the world. He said the whole thing has lots of problems, it was poorly drafted, it was thrown together hastily, and while it may or may not be true that some people on the dais have been concerned about it for some period of time, it is something which is being rushed into without exhausting administrative remedies. He said he doesn't think these huge trash haulers would support this initiative unless they thought there was something in it for them somewhere, whether A is increased business down the line or a possible shot at the franchise of the entire City operation, so they give money so they don't go against the Council majority and therefore curry favor with them. He said it simply does not sit well with him to have these huge companies rooting around in local Newport Beach politics and if you don't need any other reason to vote "no" on Measure Q, that in itself will do it. Council Member Glover explained that one of the reasons the City has chosen to pick up trash for the businesses more than one time per week is because of health issues. She said that all throughout society there are two • tiers of people who enjoy different things, and noted that two tier citizenship takes place all over Newport Beach for various and sundry reasons. She said that she thinks the City Council, in all honesty, wanted to clear up something that has been a problem on the books for many years. She explained that the City has met with the businesses four times and she has attended two of those meetings and staff has tried to explain to the small businesses that the City will help them to find solutions. She said that she Volume 50 - Page 343 City of Newport Beach City Council Minutes October 28, 1996 II` 1 thinks the City Manager has done a good job in reporting to the Council the importance of Measure Q and she is pleased that he and the City Attorney were willing to bring this to the Council's attention. She said the passage of • the original initiative in 1959 never intended to require the City to pay for free trash collection for any small business or for that matter, large businesses like Fashion Island, but it was intended to require the City to pay for free curbside trash collection for residents. She said she strongly supports Measure Q because it reaffirms the City's obligation to pick up curbside residential containers and closes the current loophole which could require the City to pay for all trash collection service for all businesses, at a "budget busting" $5 million per year. Motion by Council Member Glover that the City put the $250,000 savings from Measure Q into reserves. She explained that the reserves are down below the level where she would like to see them and until this is taken care, she can't make political promises about the use of the possible savings, but would recommend that it be put into reserves. She asked the residents to vote "yes" on Measure Q. Mayor Hedges asked if the motion'would include a $250,000 expenditure cut to the General Services refuse budget next year. Council Member Glover replied that she cannot speak to cutting of the General Services budget next year, but it is a general concern of hers. Mr. Murphy explained that if there are savings in labor costs, tipping fees and vehicle reductions they would be built into next year's budget if Q passes. • Council Member Glover said the budgeting for next year would depend on the service needs. She pointed out that she has asked that when there are projected savings on an item that a line item be added to the budget showing where those savings have been placed. Council Member Edwards said that this issue was debated twice in committee, it was debated publicly in City Council when it was decided to place it on the ballot, the most public of discussion is happening again tonight, and the most public beyond that is the opportunity to vote on the issue on November 5th. Referring to the comments made about "secret" meetings regarding annexation, he said there have been three or four publicly noticed hearings on annexation before the Legislative Committee. He said there have also been four public hearings before the City Council during goal setting sessions since he has been on Council regarding annexation. He reiterated that the Council has already heard from the City Attorney that this cannot be done administratively. As indicated by Mr. Hill, he said there are 7000 businesses in the City of Newport Beach and 7000 of them pay for their trash pickup and that will not change. What will change is the trash collection for approximately 190 businesses that have been taking advantage of the other 7000 businesses, as well as the residents of the City of Newport Beach. If the measure passes on November 5, 1996, it will reaffirm the fact that the residents of Newport Beach will have free trash pickup. He said the annexation issue will be visited in the future and • as indicated by one of the speakers and former Mayor Sansone, it doesn't appear to be an issue to the people downcoast, and in fact, there are certain benefits to coming to the City of Newport Beach, such as lower insurance rates. If Measure Q does not pass, then there is the possibility of having to dig into the reserves of the City and the City would be faced with cutbacks in order to come up with an additional $5 million per year. He said he supports the motion and salutes the maker of the motion. Volume 50 - Page 344 City of Newport Beach City Council Minutes October 28, 1996 Mill Council Member Watt concurred that this needed to be done and it had to be done to make things equal for all businesses. She said there are business is districts that have formed business improvement districts to try to beautify and improve their areas, so whatever help the City can provide is probably needed. She said she supports the motion and supports Measure Q. General Services Director Niederhaus said that something happened today that the Council should be aware of before they allocate or take away the $250,000. He reported that the City received a request from the developer of the property at the corner of Jamboree and MacArthur to start refuse collection within the next 30 days and also provide service for the Castaways as they are phased into construction. He said this will all be accomplished with the existing equipment and existing personnel. Based on this he said the money may or may not be available and staff will have to look at how the budget develops in December and January. Mayor Hedges stated that no affirmation is necessary with this measure, and the residents are being misled if they believe that a "yes" vote is required to reaffirm the City's requirement to pay for residential trash pickup from ad valorem tax revenues. He said that just as it is inconsistent to pick up refuse for one set of businesses and not others, it will be inconsistent to pick up trash for one set of residents and not others. Referring to the campaign contributions made in support of Measure Q, he said that multi - billion dollar trash companies don't give money for something unless they think something is in it for them. He urged the residents to vote "no" on Measure Q. Mayor Hedges requested that he be shown as not voting on this item, and hearing no objection from the balance •of the Council, the motion carried. 35. MAYORAL ROTATION (Requested by Council Member Glover). Council Member Glover explained that she placed this on the agenda so the Council could learn to deal with problems with civility. She noted that the elections listed on page two should be corrected to reflect the elections of 1992, 1994, 1996, and 2000. She stated that she has been thinking about the rotation of the mayorship for about a year, therefore spoke to the City Manager about it, who has served in cities that have rotation of mayorships and cities that do not have rotation. She said that she knows that to serve on a City Council is a political thing and that politics enters into a lot of the decisions. She said she feels that in a community as educated and as affluent as Newport Beach that after a person gets elected they should be more of a community leader and less of a politician and the best way to achieve that is through rotation of the mayorship. She said that she feels that anyone that is elected in this City by the citizenry of Newport Beach is perfectly capable of serving as Mayor and every person who serves in Newport Beach should be Mayor at one time or another. She said she is hoping to get support for this concept and would like the City Attorney and City Manager to look at other communities that have rotation systems to see how the City could achieve this. She said she thinks the Council could be more collegiate in the dealings with each other if a member did not have to "politic" to become Mayor, and it was a natural rotation, therefore the people of Newport Beach would be served better because the main thought process • would be how to better serve the people. She said she would like to see this on the agenda in November to be settled when the new election for mayor is scheduled. Phil Sansone, Corona del Mar, referencing the cost of running for office, asked if the Council would consider looking into the feasibility of a Charter Volume 50 - Page 345 Council (33) City of Newport Beach City Council Minutes October 28, 1996 amendment which would require the election of council members from within the District that they represent and not at- large. He explained that if someone is active in their community and people know them, they won't • have to go out and raise money and chase different organizations for contributions, etc. Council Member Glover stated that she believes the current election system is superb because it makes the candidate less parochial and the entire City is given consideration when decisions are made. She said that if the seven districts are pitted against each other there would be a real problem with civility. Council Member Cox said that this item has come up many times and it always seems like it is brought up by a Council Member who doesn't seem to be able to get the votes to be elected Mayor. He said he also finds that when the position is treated as an annual event it becomes very ceremonial and he believes the Council needs leadership. He said lie has never supported this concept and can't change his mind since he believes that Council Members have the right to elect their leaders. Council Member Glover said that she is not suggesting the change for the reason given by Council Member Cox. She said she feels this would work in Newport Beach and pointed out that some very good people have served this City that never served as Mayor and she doesn't feel that should happen. Rose Parvin, 412 -31st Street, said that the expense of getting elected has to stop, therefore this City and society has to start thinking about giving free time to candidates so there is no need for special interest group support and •the elected officials can serve the people honestly. 536. DATE FOR SWEARING -IN CEREMONY FOR NEW CITY COUNCIL MEMBERS (Requested by Mayor Hedges). Mayor Hedges said he asked that this item be discussed because he had heard some talk about having the swearing -in ceremony as late as December 3rd. He said he believes it is incumbent upon the Council to provide for swearing in as early as possible and the date for swearing in has always been kind of fluid since the date that the election will be certified is unknown. He said traditionally the swearing -in ceremony has been held in conjunction with the going away party for the outgoing Council Members, and that would be his preference again. Motion by Council Member Glover to have the swearing in ceremony for the new members on December 3, 1996. Council Member Watt stated that December 3, 1996 is fine, however stated that she will be leaving town on the 26th for two weeks, therefore she might make her final comments at the Regular Meeting on November 25th. City Manager Murphy explained that December 3, 1996 is the date certain when the County must certify the results, however the County has said that they will have the results by November 26, 1996, so the ceremony could be • held on the 26th or anytime after that. After Council discussion, Mayor Hedges made a substitute motion to set a special meeting for November 26, 1996 as the date for the swearing- in/going- away ceremony (or earlier if appropriate). The motion carried by the following roll call vote: Volume 50 - Page 346 Council (33) • • • City of Newport Beach City Council Minutes October 28, 1996 Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Absent: None Abstain: None MOTION FOR RECONSIDERATION - None ADJOURNMENT - 11:20 p.m. in memory of Meg Bauman, long -time resident of Newport Beach and a docent for the Newport Art Museum, who died after a short battle with cancer. eWWWWWWWWWMWXXXXX WWXXs The agenda for the Regular meeting was posted on October 23, 1996 at 4:15 p.m. and the supplemental agenda was posted on October 25, 1996 at 2:40 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk r° Mayor Volume 50 - Page 347 l�