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HomeMy WebLinkAbout06/25/2002 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting June 25, 2002 - 7:10 p.m. STUDY SESSION — 3:30 p.m. CLOSED SESSION — 6:00 p.m. A. RECESSED AND RECONVENED AT 7:10 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Absent: None C. CLOSED SESSION REPORT — Mayor Ridgeway announced that the City Council unanimously authorized the City Attorney to add the City of Newport Beach to an amicus brief in support of an appeal involving the City of Santa Monica Charter. D. PLEDGE OF ALLEGIANCE — Council Member Adams. E. INVOCATION — Pastor Dave Manne, Calvary Chapel of Costa Mesa. F. AIRPORT ISSUE 1. JWA SETTLEMENT AGREEMENT PROPOSED AMENDMENTS. Council Member Glover stated that two years ago, the City began working on an extension to the John Wayne Airport (JWA) settlement agreement. Council Member Adams, who was Mayor at the time, appointed Council Member Glover as Chairman and Council Members O'Neil and Proctor as committee members to the JWA Settlement Extension Ad Hoc Committee. Council Member Glover stated that a long term program was put together to gain countywide support for an extension to the settlement agreement that was fair to the City and, additionally, to have the Board of Supervisors support it by a 5 -0 vote. She stated that the corridor cities involved included Orange, Tustin, Anaheim, Santa Ana and Costa Mesa. She noted that City Manager Bludau was in charge of the education component of the program, which included a mailing campaign. City Attorney Burnham was responsible for working through the legal problems with the County and putting together the formal agreement. Council Member Glover announced that earlier in the day, the Board of Supervisors voted unanimously to support Scenario One, which has been the scenario supported by the City. She thanked the County, the Airport Working Group (AWG) and Stop Polluting Our Newport (SPON) for signing the agreement. She noted that many groups spoke Volume 55 - Page 239 INDEX C -2535 JWA Settlement Agreement (38) City of Newport Beach City Council Minutes June 25, 2002 INDEX in support of Scenario One and stated that there is no known opposition to it in the County, which means that it will be presented in Washington D.C. with countywide support. Council Member Glover stated that a tremendous amount of effort went into the program and specifically acknowledged Council Members O'Neil and Proctor, City Attorney Burnham, City Manager Bludau, the representatives from the City Councils of the corridor cities, Alan Songstad with the El Toro Re -Use Planning Authority (ETRPA), Alan Murphy and Mike Gatzke of the airport, Council Member Adams and the City Council. Council Member Glover stated that by working together, the City proved that Newport Beach can work with other cities in the County and with the Board of Supervisors. She noted that goals can only be accomplished when people work together and make concessions. Council Member Glover outlined the key terms of the extension agreement. Council Member Glover introduced Clem Shute, an attorney involved with the original settlement agreement who has continued to provide legal advice to the City. Mr. Shute stated that what was legally accomplished with the vote earlier in the day by the Board of Supervisors was that most of the restrictions were extended for a period of ten years, with the curfew extended for fifteen years. He stated that if the settlement agreement hadn't been extended, all restrictions would have been lifted after December 31, 2005. He noted that all of the restrictions are enforceable by court order. Mr. Shute stated that it is a significant accomplishment to have the County agree to the restrictions, and echoed Council Member Glover's comments on why the program worked. He added that completing the Environmental Impact Report (EIR) in such a timely manner was another major accomplishment. Mr. Shute concluded his comments by stating that he would not expect a lawsuit over the EIR. Council Member Glover introduced Steve Pflaum, who was also providing legal advice to the City during the original settlement agreement process. Mr. Pflaum stated that the original settlement agreement is truly historic and has never been equaled anywhere in the country. He stated that the extension of the agreement is also historic, and preserves and extends the key provisions and protections of the original agreement. Mr. Pflaum stated that, although the agreement is enough in itself, there is work that remains to be done and the City should remain proactive. He stated that this would include working with the Federal Aviation Administration (FAA) and the airlines to gain their acceptance of the agreement. Mr. Pflaum stated that there are benefits to the County, the FAA and the carriers, and an effort should be made to have them understand these. Motion by Council Member Glover to authorize the City Attorney to execute the Amendments (Exhibit B) on behalf of the City of Newport Beach; authorize the City Manager to execute the Implementation Protocol (Exhibit C); in conjunction with these authorizations, make the findings specified in Exhibit D; and authorize staff to record a Notice of Determination. Volume 55 - Page 240 City of Newport Beach City Council Minutes June 25, 2002 INDEX Tom Naughton, AWG President, provided a list of the 30 busiest airports in the world. He pointed out that JWA is the 29th busiest airport in the world, and has half of the takeoffs and landings that Los Angeles International Airport (LAX) has. Mr. Naughton stated that AWG supports the settlement agreement, but noted that the curfew does not apply to general aviation abiding by the noise restrictions. He stated that AWG will continue to pursue an airport at El Toro and asked what would be done with the 25 million passenger shortfall. He concluded by stating that he provided this same information to the Board of Supervisors earlier in the day. Dolores Otting asked how many lobbyists and attorneys are working on the issue. Mayor Ridgeway stated that the City will continue working with Mr. Shute, Mr. Pflaum, Mr. Lawry and Mr. Hunt. He stated that the contracts have been signed by the City Attorney's office, through the City Attorney's authority. Additionally, per questions of Ms. Otting, Mayor Ridgeway stated that the attorneys do provide the City with bi- weekly reports that are reviewed in Closed Session. Council Member Adams added that the funding was approved through the City Attorney's budget and was not authorized without public input. Council Member O'Neil additionally noted that all of the contracts with the consultants are public records and subject to review. Council Member O'Neil stated that the extension to the settlement agreement is a remarkable accomplishment, although it may not be the ultimate solution for handling the regional air transportation needs of the County. He acknowledged the considerable amount of money that has been spent and will continue to be spent, but stated that it is probably the single most important quality of life issue that the City faces. Council Member O'Neil stated that Council Member Glover led the effort and it was a job well done. He additionally thanked all those involved throughout the County. Council Member Proctor stated that he was Chairman of the John Wayne Airport Commission when the original settlement agreement was being worked on. He noted that the difference between the original agreement and the extension is that the extension has been a collaborative process. He stated that everyone should be proud of what has been done and the involvement of the corridor cities. Council Member Adams also thanked the individuals and groups that were mentioned. He extended his personal thanks to Council Member Glover and stated that she has spent an extraordinary amount of time on the effort. Mayor Pro Tem Bromberg stated that it has been an incredible team effort, led by Council Member Glover. He additionally acknowledged Volume 55 - Page 241 City of Newport Beach City Council Minutes June 25, 2002 G. those individuals and groups mentioned throughout the meeting, and in particular, City Attorney Burnham. Council Member Heffernan stated that although he has a sense of suspicion and distrust towards political consultants, he is truly amazed at what has been accomplished. He complimented the team that got it done and all those involved. Mayor Ridgeway reported that all 34 cities in the County are in support of the extension agreement. He stated that the Southern California Association of Governments' (SCAG) 75- member board is almost entirely opposed to the expansion of LAX, and that LAX is at its maximum. He noted that the Board of Supervisors' vote earlier in the day is saying that Newport Beach has taken as much of the burden for air traffic demand that it can take. Mayor Ridgeway specifically acknowledged the efforts of City Attorney Burnham, City Manager Bludau and Council Member Glover. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None Presentation of Proclamation for Recreation and Parks Month — July 2002. Mayor Ridgeway read and presented a proclamation to Val Skoro, Chairman of the Parks, Beaches & Recreation Commission, proclaiming July, 2002, as Recreation and Parks Month. Mayor Ridgeway noted that the City has 495 recreational acres, and when the bay and the ocean are included, the acreage totals 16,989. Mr. Skoro thanked the Mayor and stated that Newport Beach has many great parks. He briefly listed the future parks that are in the planning process. Newport Beach Film Festival: 2002 Festival Overview and Economic Assessment. Greg Schwenk, Executive Director of the Newport Beach Film Festival, thanked the City Council and the City for its support of the 2002 Festival. He stated that the current year was a challenging year for many film festivals, with several either discontinuing or reducing their programs. He announced that the Newport Beach Film Festival was able to grow during the current year, and experienced an increase in the number of screenings, attendees, filmmakers and industry participants. Mr. Schwenk noted the success of the short films and the seminars. He stated that the Newport Beach Film Festival is gaining in prestige and popularity within the film industry. He additionally noted the growing media coverage and exposure, and the Festival's own media campaign targeting the major drive market. Mr. Schwenk stated that those involved are proud of the Festival's growth and success, and will continue to strive to bring the best in classic and contemporary filmmaking to the community. He asked for the City Council's continued support. Volume 55 - Page 242 INDEX Recreation & Parks Month Proclamation (33) Newport Beach Film Festival (33) City of Newport Beach City Council Minutes June 25, 2002 INDEX Referring to the Festival's budget and the amount spent on hotel rooms, Mayor Pro Tem Bromberg suggested that the Festival organizers consider getting the hotel rooms underwritten. Mr. Schwenk confirmed that hotel rooms is one of the largest line items in the budget, and that they do have the goal of getting more sponsors and underwriters. Mayor Pro Tem Bromberg additionally suggested the Festival apply for the 501C3 exempt tax status, if they aren't already. Mr. Schwenk confirmed that they are. Mayor Ridgeway stated that he has attended the Festival and that it's a great event. He complimented Mr. Schwenk for his efforts. Mr. Schwenk stated that individual initiative and group effort make it possible, and acknowledged the Festival's 200 volunteers. H. NOTICE TO THE PUBLIC I. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Adams requested that a future Study Session include a review of the City's recycling program. He stated that the City's trash is sent to a recycling center and it might be more efficient to separate the wet trash from the dry trash beforehand. He noted that there could be some obstacles, but he'd like to look at possibly phasing into it or conducting a test program. • Mayor Pro Tem Bromberg announced that Ralph Rodheim, a Balboa Island resident, has initiated a formal flag lowering ceremony for the summer. They will be held every Friday and Saturday at approximately 7:45 p.m. and take place at the Balboa Fun Zone. • Council Member Heffernan requested a report on Robert's Rules of Order in regard to the timing of motions at City Council meetings. He stated that he is concerned about the public's perception when motions take place prior to the City Council receiving a staff report or public input. • Council Member Heffernan requested a report on the current status of the Mormon Temple and what the next steps are, given that the Environmental Impact Report (EIR) has been completed. • Mayor Ridgeway announced that the grand opening of the Balboa Pier and the Balboa Pier Plaza, and the reopening of Ruby's at the end of the pier, took place on Friday, June 21, 2002. He noted the picture on display at the meeting of the Ruby's flagship restaurant and stated that it was presented as a gift to the City from Ruby's in celebration of their twenty years in business. Mayor Ridgeway requested that Sharon Fry, the principal at Corona del Mar High School, be contacted and asked to make a presentation at an upcoming City Council meeting on student Rachel Colgate's "Every Fifteen Minutes" senior project. He suggested that both Ms. Fry and Volume 55 - Page 243 City of Newport Beach City Council Minutes June 25, 2002 INDEX Ms. Colgate attend the meeting and that the videotape produced by Ms. Colgate be shown. He stated that the project provides a powerful message to discourage teens from drinking and driving. J. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 2. Item removed from the Consent Calendar by a member of the audience. 3. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTIONS FOR ADOPTION 4. GENERAL MUNICIPAL ELECTION - NOVEMBER 5, 2002: Res 2002 -43 ADOPTION OF RESOLUTIONS CALLING THE ELECTION AND Res 2002 -44 REQUESTING CONSOLIDATION WITH THE STATEWIDE General Municipal GENERAL ELECTION. 1) Adopt Resolution No. 2002 -43 Calling and Election Giving Notice of the Holding of a General Municipal Election to be Held (39) on Tuesday, November 5, 2002, for the Election of Members of the City Council as Required by the Provisions of the City Charter; and 2) adopt Resolution No. 2002 -44 Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 5, 2002, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code. 5. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION Res 2002 -45 FRANCHISE TO TROJAN PORTABLE SERVICES. 1) Adopt Ord 2002 -12 Resolution No. 2002 -45 to award a Non - exclusive Solid Waste Non-exclusive Franchise to Trojan Portable Services and to schedule a public hearing Solid Waste for July 9, 2002; and 2) introduce Ordinance No. 2002 -12 granting a Collection Non-exclusive Solid Waste Franchise to Trojan Portable Services, and Franchises schedule for second reading on July 9, 2002. (44) 6. RESOLUTION FIXING THE EMPLOYER'S PERS MEDICAL C -2946 CONTRIBUTION FOR NEWPORT BEACH FIRE MANAGEMENT Res 2002 -46 ASSOCIATION. Adopt Resolution No. 2002 -46 with respect to Fire Management members of the Newport Beach Fire Management Association Association (NBFMA), fixing the employer's contribution under the Public (38) Employees' Medical and Hospital Care Act. CONTRACTS AND AGREEMENTS 7. MAIN BEACH SEWER FORCE MAIN REPLACEMENT (C -3296) — C -3296 COMPLETION AND ACCEPTANCE. 1) Accept the work; Main Beach Sewer 2) authorize the City Clerk to file a Notice of Completion; 3) authorize Force Main the City Clerk to release the Labor and Materials bond 35 days after Replacement the Notice of Completion has been recorded in accordance with (38) applicable portions of the Civil Code; and 4) release the Faithful Volume 55 - Page 244 City of Newport Beach City Council Minutes June 25, 2002 INDEX Volume 55 - Page 245 Performance Bond one (1) year after Council acceptance. 8. WEST NEWPORT SEWER MAIN REPLACEMENT (C -3453) — C -3453 COMPLETION AND ACCEPTANCE. 1) Accept the work; West Newport 2) authorize the City Clerk to file a Notice of Completion; 3) authorize Sewer Main the City Clerk to release the Labor and Materials bond 35 days after Replacement the Notice of Completion has been recorded in accordance with (38) applicable portions of the Civil Code; 4) release the Faithful Performance Bond one (1) year after Council acceptance; and 5) approve Amendment No. 1 to the Professional Services Agreement with Engineering Resources for additional as- needed construction support services from $28,163 to $43,208 and authorize the Public Works Director to execute the Amendment. 9. CORONA HIGHLANDS WATER MAIN REPLACEMENT, C -3345 STREET REHABILITATION AND STORM DRAIN BA -047 IMPROVEMENTS (C -3345) — COMPLETION AND Corona Highlands ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file Water Main a Notice of Completion; 3) authorize the City Clerk to release the Labor Replacement and Materials bond 35 days after the Notice of Completion has been Street recorded in accordance with applicable portions of the Civil Code; Rehabilitation and 4) release the Faithful Performance Bond one (1) year after Council Storm Drain acceptance; 5) approve a budget amendment (BA -047) transferring Improvements $194,151.43 from 7181- C5100643 to Account No. 7181- C5100595 and (38/40) approve the appropriation of an additional $26,228.46 from Water Account No. 7501- C5500578 for this project; and 6) authorize the Public Works Director to approve Change Order No. 4 in the amount of $3,674.52 provided for the installation of new water meter boxes and adjustment of boxes on Shorecrest Lane and also approve Change Order No. 5 in the amount of $3,277 provided for downtime and an extra move -in for the asphalt subcontractor. City Manager Bludau noted that the correct amount for the additional appropriation from Water Account No. 7501- C5500578 is $26,228.46. 10. NEWPORT HEIGHTS PAVEMENT OVERLAY — AWARD OF C -3473 CONTRACT (C- 3473). 1) Approve the plans and specifications; Newport Heights 2) award the contract (C -3473) to Ben's Asphalt, Inc. for the total bid Pavement Overlay price of $474,825 and authorize the Mayor and the City Clerk to (38) execute the contract; and 3) establish an amount of $47,000 to cover the cost of unforeseen work. 11. SEWER MAIN TELEVISING PROGRAM — AWARD OF C -3511 CONTRACT (C- 3511). 1) Award the contract (C -3511) to Professional Sewer Main Pipe Services (ProPipe) for a total price of $110,295 and authorize the Televising Mayor and the City Clerk to execute the contract; and Program 2) establish an amount of $3,500 for additional and unforeseen work. (38) 12. IRVINE AVENUE FROM SANTIAGO TO UNIVERSITY AND C -3412 JAMBOREE ROAD FROM SANTA BARBARA TO Irvine Avenue EASTBLUFF/FORD ROAD 24 -INCH WATER MAIN 24 -Inch Water REPLACEMENT — AWARD OF CONTRACT (C- 3412). 1) Approve Main Replacement the plans and specifications; 2) award the contract (C -3412) to W.A. (38) Volume 55 - Page 245 City of Newport Beach City Council Minutes June 25, 2002 INDEX Volume 55 - Page 246 Rasic Construction Company for the total bid price of $2,159,370.09 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $200,000 to cover the cost of unforeseen work. 13. HAZEL AVENUE PAVEMENT REHABILITATION — AWARD OF C -3448 CONTRACT (C- 3448). 1) Approve the plans and specifications; Hazel Avenue 2) award the contract (C -3448) to Hardy and Harper, Inc. for the total Pavement bid price of $65,053.85 and authorize the Mayor and the City Clerk to Rehabilitation execute the contract; and 3) establish an amount of $6,500 to cover the (38) cost of unforeseen work and testing. 14. 2002 -2003 TRAFFIC SIGNAL UPGRADES — AWARD OF C -3529 CONTRACT (C- 3529). 1) Approve the plans and specifications; BA -050 2) award the contract (C -3529) to F. J. Johnson, Inc. for the total bid 2002 -2003 Traffic price of $303,759 and authorize the Mayor and the City Clerk to Signal Upgrades execute the contract; 3) establish an amount of $30,375.90 to cover the (38/40) cost of unforeseen work; and 4) approve a budget amendment (BA -050) authorizing the appropriation of $55,634 from the Transportation and Circulation Fund balance to Account No. 7261- C5200068. 15. BUCK GULLY PUMP STATION REHABILITATION — AWARD C -3368 OF CONTRACT (C- 3368). 1) Approve the plans and specifications; 2) BA -049 award the contract (C -3368) to Caliagua, Inc. for the total bid price of Buck Gully Pump $762,511 and authorize the Mayor and the City Clerk to execute the Station contract; 3) establish an amount of $75,000 to cover the cost of Rehabilitation unforeseen work; and 4) authorize a budget amendment (BA -049) (38/40) appropriating $157,511 from the unappropriated Wastewater Fund Reserve Balance to Account No. 7532- C5600100. 16. CONTRACT WITH A FORMER CITY EMPLOYEE. Grant C -3541 permission to staff to enter into a professional services contract with a Robert Kain former City employee. Contract (38) 17. MEMORANDUM OF UNDERSTANDING (MOU) WITH FIRE C- 2946 /Fire MANAGEMENT ASSOCIATION. Approve MOU between the City of Management Newport Beach and the Newport Beach Fire Management Association. Assoc. MOU (38) 18. LEGAL ADVERTISING BID FOR FISCAL YEAR 2002 -2003. Legal Advertising Accept the bid of the Daily Pilot and authorize a purchase order for the FY 2002 -2003 one -year period of fiscal year 2002 -2003. (32) 19. IMPLEMENTATION AGREEMENT FOR FY 2002 -03 NATIONAL C -3542 POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) NPDES Program PROGRAM. 1) Authorize Mayor Ridgeway to execute the (38) Implementation Agreement with the County of Orange to administer the countywide NPDES Program; and 2) if approved within the FY 2002 -03 CIP, authorize the expenditure of $224,897 to the County of Orange for NPDES Administration expenses per the Implementation Agreement. MISCELLANEOUS ACTIONS 20. UNINTERRUPTIBLE POWER SUPPLY REPLACEMENT. Award Police Facility Volume 55 - Page 246 City of Newport Beach City Council Minutes June 25, 2002 proposal submitted by Dell Compute Uninterruptible Power Supply at the American Power Conversion from C1820631. : Corporation for a replacement Police Facility manufactured by budget account number 7017- 21. CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM. 1) Approve acceptance of $52,190 from the State of California Law Enforcement Equipment Purchase (CLEEP) program; and 2) approve a budget amendment (BA -048) of $52,190 in funds to be transferred from CLEEP Grant Program Revenue Account No. 1820 -4874 to the Police Department CLEEP Capital Equipment Account No. 1820 -9017. Motion by Mayor Pro Tem Bromberg to approve the Consent Calendar, except for the item removed (2), and noting the correction to Item No. 9. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None K. ITEM REMOVED FROM THE CONSENT CALENDAR 2. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JUNE 11, 2002. Jim Hildreth, The Grand Canal, stated that what he said at the regular meeting of June 11, 2002, is not accurately reflected in the minutes. He requested that the tape be reviewed for completeness and accuracy, and the appropriate corrections be made to the minutes. He specifically referred to the comments he made on Item Nos. 3, 6, 16, and 24, and during Public Comments. Motion by Council Member O'Neil to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None L. PUBLIC COMMENTS Dolores Otting stated that she is hearing of new community centers throughout the City but doesn't know of one in District 7, which is the district she lives in. Mayor Ridgeway stated that he would have the Chairman of the Parks, Volume 55 - Page 247 INDEX Uninterruptible Power Supply Replacement (70) BA -048 California Law Enforcement Equipment Program (CLEEP) (40/70) City of Newport Beach City Council Minutes June 25, 2002 INDEX Beaches & Recreation Commission respond to her inquiry. Ms. Otting continued by stated that the site being considered for the community center in Newport Coast and the consultant that was hired to study it are items that should be on the City Council agenda. She added that the site being considered is partially on a landfill. Ms. Otting provided some of the history of the landfill and how it was covered. She additionally noted that it is not lined and recommended not moving the soil in the area to accommodate a community center. She referred to the contaminated water that could runoff into the bay and ocean. Mayor Ridgeway assured Ms. Otting that the City would do nothing to impair water quality. Barbara Johnson, Newport Beach, thanked Council Member Glover and the City Council for the work they've done on the airport. She also thanked them for beginning to provide Closed Session reports, and requested that the vote also be reported. Council Member O'Neil stated that the City Council has been following its legal requirements to provide Closed Session reports. Dr. Jan Vandersloot, Newport Heights, announced the formation of the Balboa Arbor Society, which is a group of people who desire to preserve the ficus trees on Main Street and in other areas of the City. He encouraged anyone that would be interested in joining the group to contact him at (949) 548 -6326 or ionv3(4aol.com. He stated that they are hoping to increase public knowledge and announced that the issue would be agendized for the City Council meeting of July 9, 2002. He encouraged members of the public to voice their opinion on the ficus tree issue at that meeting. Dr. Vandersloot concluded by stating that the trees should be retained. Jim Hildreth, The Grand Canal, stated that a resident told him that he should ease up on the City Council. Mr. Hildreth explained that he continues to seek the City Council's assistance with gaining access to a mooring location. He stated that the City has acknowledged that there is an access issue and that the ladder is not the proper structure for the canal. He added that it is illegal to deny access to leased property. Mr. Hildreth displayed pictures showing examples of moorings with access structures. Mayor Ridgeway suggested that Mr. Hildreth submit his information to Harbor Resources Director Melum. Council Member Adams asked if the City Council should consider eliminating the mooring that Mr. Hildreth is speaking of. Mayor Pro Tom Bromberg explained that the City Council gave Mr. Hildreth the option of keeping his mooring in its current location if he would acknowledge that he is not entitled to access, since access requires ownership of property within 30 feet of the mooring, which Mr. Volume 55 - Page 248 City of Newport Beach City Council Minutes t June 25, 2002 Hildreth does not have. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES — None. N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 22. PLANNING COMMISSION AGENDA FOR JUNE 20, 2002. Planning Director Temple stated that there were eight items on the Planning Commission's agenda of June 20, 2002, and that one was removed and one was continued. Of the six items remaining, Planning Director Temple stated that Item No. 1 was a denial of a parking waiver request by a nail salon, Item No. 3 was an approval of an alcoholic beverage outlet use permit and Item No. 4 was an approval of a parking waiver for an office building. Planning Director Temple stated that Item No. 5 involved a cell tower on the existing Edison substation on Camelback Street. She stated that the City doesn't normally allow monopole installations for cell sites, but due to the type of pole being requested and the existing poles on the site, the Planning Commission approved the request. Council Member Heffernan stated that at the Study Session of April 23, 2002, the City Council discussed third generation cellular service. He recalled that it was decided that the City should develop a right -of -way encroachment policy and also look into the possibility of being the landlord for the third generation service throughout the City by utilizing existing light poles. He asked for a report on the status of these two action items. Mayor Ridgeway stated that the issue is being agendized for the City Council meeting of July 9, 2002, and that Assistant City Manager Kiff is the staff person preparing the report. Planning Director Temple added that staff is also working on an ordinance that would address installations in public rights -of -way and on City facilities, and design and development criteria for those located on private property. Assistant City Attorney Clauson stated that outside staff is working on the ordinance and she is unsure when it will be ready to present to the City Council. She added that the policy would require that the antennas comply with the ordinance provisions, so both should be brought before the City Council at the same meeting. Mayor Ridgeway requested that a status report be provided at the City Council meeting of July 9, 2002, and that Fire Chief Riley and Police Chief McDonell be notified. Council Member Heffernan stated that the providers should also be encouraged to make presentations and provide photographs showing what the antennas will look like. Mayor Ridgeway further requested that Gary Gray be invited to attend the meeting. Volume 55 - Page 249 INDEX Planning Commission (68) City of Newport Beach City Council Minutes June 25, 2002 Planning Director Temple continued with her report on the Planning Commission meeting and stated that Item No. 2 involved a request by the Balboa Island Village Inn to expand the nature of their live entertainment. She reported that the Planning Commission determined that the request should be handled through the live entertainment permit process, and was outside the jurisdiction of the Planning Commission. Planning Director Temple stated that she is working with the applicant and City staff to assure that the establishment's operation protects the peace and quiet of the neighborhood. Planning Director Temple reported that Item No. 6 involved a call for review of a decision made by the Modifications Committee in regard to a nonconforming triplex. Planning Director Temple stated that staffs analysis concluded that the approval of a modification was not appropriate. She stated that the appropriate path for review would be through the use permit process. Mayor Pro Tem Bromberg requested that he be kept apprised of the status of the Village Inn issue. Motion by Mayor Pro Tern Bromberg to receive and file the written report. Jim Hildreth stated that he attended the Planning Commission meeting and they determined that the Village Inn item was not within their jurisdiction. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None O. PUBLIC HEARINGS 23. PACIFIC BAY HOMES (PA2001 -250) — ONE FORD ROAD — APPEAL OF THE PLANNING COMMISSION DECISION TO DENY A REQUEST TO AMEND THE PLANNED COMMUNITY DEVELOPMENT PLAN TO ALLOW THE INSTALLATION OF INDEPENDENT KITCHEN FACILITIES WITHIN GUEST COTTAGES. THE 11 PROPERTIES ASSOCIATED WITH THE REQUEST ARE IDENTIFIED AS PARCEL NOS. 1 THROUGH 8 (ON TROON DRIVE) AND LOTS 9 AND 13 (ON TURNBERRY DRIVE) OF TRACT MAP NO. 15387 AND LOT NO. 21 (ON HONORS DRIVE) OF TRACT MAP NO. 15389 (contd. from 6/11/02). Motion by Council Member O'Neil to continue the item to August 13, 2002. Volume 55 - Page 250 IRNI R) PA2001 -250 Pacific Bay Homes One Ford Road (6S) City of Newport Beach City Council Minutes June 25, 2002 The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None 24. EZ LUBE (PA2002 -034) — 3600 EAST COAST HIGHWAY — APPEAL OF THE PLANNING COMMISSION DECISION TO DENY A REQUEST TO CONSTRUCT AN AUTOMOBILE LUBRICATION FACILITY CONSISTING OF A 2,641 SQUARE FOOT BUILDING WITH TWO SERVICE BAYS LOCATED IN CORONA DEL MAR. THE APPLICATION INCLUDES A REQUEST TO WAIVE THREE OF THE TEN SPACE OFF - STREET PARKING REQUIREMENT. Mayor Ridgeway opened the public hearing. Motion by Council Member O'Neil to continue the item to August 27, 2002. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None P. CONTINUED BUSINESS 25. APPOINTMENTS TO BOARDS AND COMMISSIONS. City Clerk Harkless read the ballot votes of the Council Members for the City Arts Commission as follows: David Colley (O'Neil, Ridgeway, Glover, Adams, Proctor) Leslie Feibleman (Heffernan, Bromberg) City Clerk Harkless announced that David Colley is appointed to the City Arts Commission. City Clerk Harkless read the ballot votes of the Council Members for the Civil Service Board as follows: Timothy Brown (no votes) Robert Badham (Heffernan, O'Neil, Bromberg, Ridgeway, Glover, Adams, Proctor) City Clerk Harkless announced that Robert Badham is appointed to the Civil Service Board. Volume 55 - Page 251 INDEX PA2002 -034 EZ Lube 3600 East Coast Highway (68) Boards & Commissions (24) City of Newport Beach City Council Minutes June 25, 2002 INDEX City Clerk Harkless read the ballot votes of the Council Members for the Parks, Beaches & Recreation Commission as follows: William Garrett (Adams) Steven Rosansky (Heffernan, O'Neil, Proctor) Gregory Ruzicka (Heffernan, Bromberg, Ridgeway, Glover) Thomas Tobin (O'Neil, Bromberg, Ridgeway, Glover, Adams, Proctor) City Clerk Harkless announced that Gregory Ruzicka is appointed and Thomas Tobin is reappointed to the Parks, Beaches & Recreation Commission. City Clerk Harkless read the ballot votes of the Council Members for the Planning Commission as follows: Phillip Lugar (no votes) Larry Tucker (Heffernan, O'Neil, Bromberg, Ridgeway, Glover, Adams, Proctor) City Clerk Harkless announced that Larry Tucker is reappointed to the Planning Commission. City Clerk Harkless additionally announced that all of the terms are effective on July 1, 2002. Q. CURRENT BUSINESS 26. 2002 -03 BUDGET ADOPTION. Res 2002 -47 2002 -2003 Budget City Manager Bludau provided the City Council with a new budget Adoption checklist. He pointed out the $25,000 item that was added for new (40) equipment at the employee fitness center. He also noted that an item for $30,000 needs to be added to the list for a consultant to study the need for widening Jamboree Boulevard at the Bison and University intersections. He stated that many people are questioning if the widening should be a part of the circulation element of the general plan. City Manager Bludau stated that with the addition of the $30,000 item, the total of the supplement budget checklist is $811,157. Council Member Adams stated that he was the one to request that the Jamboree Boulevard study be done, and that he'd also like it to include a review of alternatives for the proposed flyover ramp from Jamboree Boulevard to Route 73. City Manager Bludau stated that the City Council needs to decide which elements of the checklist should be included in the budget. Council Member O'Neil asked if there were adequate funds to fund all of the items on the checklist. City Manager Bludau confirmed that anticipated revenues would still exceed expenditures if the entire checklist were approved. Council Member Heffernan asked what was done in the budget to offset Volume 55 - Page 252 City of Newport Beach City Council Minutes June 25, 2002 INDEX expected problems at the State level. Administrative Services Director Danner stated that the general fund was reduced by $2.7 million in anticipation of a reduction in the Vehicle License Fee (VLF). Mayor Ridgeway announced that the total appropriations for the operating budget for fiscal year 2002 -03 is $121,296,381 and the capital budget totals $31,560,283. He also requested that the budgeted amount for the Balboa Village Community Center be reduced from $115,000 to $30,000 in the Capital Improvement Program (CIP). He stated that this would be appropriate until a consensus on the peninsula is reached. Administrative Services Director Danner stated that the supplemental budget items on the checklist are new items that were discussed during the budget review sessions. Mayor Pro Tem Bromberg stated that the first item on the checklist should be for the Balboa Island Museum & Historical Society, which is a correction to the title. Council Member Heffernan asked for a historical perspective of how the 2002 -03 budget compares to the 2001 -02 budget. Administrative Services Director Danner stated that the proposed budget is less than the prior fiscal year. Specifically, he stated that the estimated operating expenditures for 2001 -02 are $111,382,904 and the proposed budget expenditures for 2002 -03 are $110,539,148. He also noted that the CIP recommendation for 2002 -03 is for $31,660,283, which is considerably smaller than the prior year. Jim Hildreth, The Grand Canal, suggested that money be budgeted to audit the Harbor Resources office. He stated that documents seem to be misplaced and are important to people who have boats and moorings. Mr. Hildreth additionally noted that the shore mooring fees are to be used to maintain the Harbor Resources Department. He stated that the missing documents should be found and the records should be put in order. Laura Dietz stated that a public safety report was done for the City in 1975. She suggested that an update be done, and that it specifically includes what the community would do if it were hit by a tsunami. She stated that the California coast has been fortunate so far, but suggested that a moderate amount of money be set aside to study the issue. City Manager Bludau stated that the general plan update process will include a study of the City's potential disaster hazards. Barbara Johnson stated that she has attended all of the budget study sessions and understands the three budget volumes. She stated that by observing and participating in the process, she feels that the City needs a budget committee comprised of council members and residents. Mayor Pro Tem Bromberg stated that the budget process is not as simple as it might appear. He stated that the council members receive Volume 55 - Page 253 City of Newport Beach City Council Minutes June 25, 2002 the budget materials weeks prior to the first study session, and that a great deal of time and effort goes into the process. Mayor Ridgeway added that the budget process begins the January prior to the start of the fiscal year. And, City Manager Bludau noted that the council members are also constantly reviewing various components of the budget with staff throughout the process. Mayor Ridgeway requested that staff review the advantages and disadvantages of forming a budget committee. Motion by Council Member O'Neil to adopt Resolution No. 2002 -47 adopting the City's 2002 -03 Budget, to include all of the Budget Checklist items, as well as an additional item of $30,000 for a consultant to study the need for widening Jamboree Boulevard at the Bison and University intersections, and the reduction of the Balboa Village Community Center project in the CIP from $115,000 to $30,000. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None R. MOTION FOR RECONSIDERATION — None. S. ADJOURNMENT — at 9:18 p.m. in the memory of Donald Wayne Moses. The agenda for the Regular Meeting was posted on June 19, 2002, at 3:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary f .0, IN Mayor Volume 55 - Page 254 INDEX