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HomeMy WebLinkAbout08/12/2003 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting August 12, 2003 - 7:00 p.m. STUDY SESSION — 4:00 p.m INDEX CLOSED SESSION — 6:00 p.m A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Ridgeway, Webb, Nichols, Mayor Bromberg Absent: Heffernan, Proctor, Adams C. CLOSED SESSION REPORT — Mayor Bromberg announced that the City Council unanimously approved a tolling agreement with the Newport Terrace Homeowners Association. D. PLEDGE OF ALLEGIANCE — Council Member Webb E. INVOCATION — Pastor Garth Gill, Calvary Chapel of Costa Mesa F. PRESENTATIONS Presentation of $144,507 by Newport Beach Library Foundation. Tom Edwards, President of the Newport Beach Library Foundation, presented a check in the amount of $144,507 to Theresa Chase of the Board of Library Trustees. Mr. Edwards acknowledged the many people that made the donation possible and those involved with the City's library system. Ms. Chase stated that the donation will make possible some renovation work at the Central Library, as well as some other upgrades. She thanked the Foundation for the work that they do in raising money for the City's library system. G. NOTICE TO THE PUBLIC H. 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 Webb stated that he attended the 20th Annual National Night Out event on August 5, 2003, at Mariners Park. He commended the Police Department and all those from the community that participated. Council Member Webb stated that he also attended one of the Volume 56 - Page 332 City of Newport Beach Regular Meeting August 12, 2003 Shakespeare by the Sea 2003 programs sponsored by the City Arts Commission, and held on August 9 and 10, 2003, at Grant Howald Park. He urged everyone to attend next year. Council Member Webb announced that the dedication of the Bonita Canyon Sports Park would be taking place on August 24, 2003, at 3:00 p.m., and would be followed by a performance by the Rockit Scientists at 5:00 p.m. Mayor Bromberg stated that he also attended the National Night Out event put on by the Police Department. He complimented the event and specifically noted the efforts of the Newport Beach Animal Shelter. I. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JULY 22, 2003. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCE FOR ADOPTION 3. GENERAL PLAN AMENDMENT NO. 2003 -003, LOCAL COASTAL PROGRAM AMENDMENT NO. 2003 -002, CODE AMENDMENT NO 2003 -005 (PA2003 -099) — LEGERE PROPERTY (813 EAST BALBOA BOULEVARD). Adopt Ordinance No. 2003 -14. RESOLUTIONS FOR ADOPTION 4. Item removed from the Consent Calendar by Mayor Pro Tern Ridgeway. 5. MASTER FEE RESOLUTION. Adopt Resolution No. 2003 -40 updating the Master Fee Schedule. 6. INTERIM FUNDING REIMBURSEMENT AUTHORIZATION FOR PROSPECTIVE CITY HALL, FIRE STATION AND PARKING STRUCTURE PROJECT. Adopt Resolution No. 2003 -41 to enable reimbursement of interim expenditures from proceeds of a possible future debt issuance. 7. POLICY REGARDING CITY PAYMENT OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) MEMBER CONTRIBUTIONS FOR SEASONAL LIFEGUARD AND PART - TIME EMPLOYEES. Adopt Resolution No. 2003 -42 setting labor policy regarding the employer paid member contribution to PERS for seasonal lifeguard and part -time employees. Volume 56 - Page 333 INDEX Ord 2003 -14 GPA 2003 -003 813 E. Balboa Blvd. (45/68) Res 2003-40 Fee Schedule (40) Res 2003 -41 C -3502 City Hall Project (38) Res 2003-42 C -3362 PERS /Seasonal Lifeguard & Part -Time Employees (38/66) City of Newport Beach Regular Meeting August 12, 2003 INDEX 8. Item removed from the Consent Calendar by a member of the audience. CONTRACTS AND AGREEMENTS 9. NEWPORT BEACH CONFERENCE AND VISITOR'S BUREAU C -2638 ( NBCVB) AGREEMENT — EXTENSION. Approve the proposed Conference & amendment to the agreement with the NBCVB extending the Visitor's Bureau expiration to February 29, 2004 and providing for the UTOT portion of Agreement their funding be paid at the end of the six month extension. (38) 10. Item removed from the Consent Calendar by Council Member Nichols. 11. HARBOR VIEW NATURE PARK SLOPE REPAIR — AWARD OF C -3567 CONTRACT (C- 3567). 1) Approve the plans and specifications; Harbor View 2) affirm the Categorical Exemption; 3) award the contract (C -3567) to Nature Park Slope Popular Paver Rental for the total bid amount of $97,645 and authorize Repair the Mayor and the City Clerk to execute the contract; and 4) establish (38) an amount. of $20,000 to cover the cost of unforeseen work. 12. ENCROACHMENT PERMIT NO. N2003 -0272 TO ALLOW THE N2003 -0272 EXISTING CURB OPENING ON THE NORTHERLY SIDE OF Encroachment WATERFRONT DRIVE TO REMAIN. Approve Encroachment Permit Permit No. N2003 -0272. (65) 13. S00 MHz COUNTi'WIDE COORDINATED COMMUNICATIONS C -2755 SYSTEM COST SHARING AGREEMENT. 1) Approve the terms of BA -005 the Amendment to the Joint Agreement for the Implementation and 800 MHz Operation of the Orange County 800 MHz Countywide Coordinated Countywide Communications System and authorize the Mayor and City Clerk to Coordinated execute two copies of the Joint Agreement Amendment for processing Communications through the County Clerk of the Board; and 2) approve a budget System amendment (BA -005) transferring $140,496 from General Fund (38/40) Reserves into designated expenditure accounts in the Fire, Police and Public Works Departments. MISCELLANEOUS ACTIONS 14. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE BA -004 NEWPORT BEACH LIBRARY FOUNDATION AND Library APPROPRIATE FUNDS FOR MAINTENANCE & OPERATIONS Foundation BUDGETS FOR FY 2003/04. Approve budget amendment (BA -004) Donation in the amount of $144,507. (40/50) 15. REASSIGNMENT OF POSITIONS ON ENVIRONMENTAL EQAC QUALITY AFFAIRS COMMITTEE. 1) Approve Environmental Reassignment of Quality Affairs Committee (EQAC) recommendation to reassign Cris Positions Trapp from the District 6 at -large position to the environmental (24) expertise position; and 2) reassign Council Member Webb's appointees so that Chris Welsh is the District 3 appointee and Richard Rivett is Volume 56 - Page 334 City of Newport Beach Regular Meeting August 12, 2003 the at -large appointee. 520. RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AMENDED CONTRACT WITH THE STATE WATER RESOURCES CONTROL BOARD RELATING TO WATER QUALITY STUDIES IN NEWPORT BAY. Adopt Resolution No. 2003 -46 authorizing the Mayor to execute a contract amendment to Agreement #9- 074 -180 -0 of up to $700,000 between the City and the State Water Resources Control Board relating to Water Quality Studies in Newport Bay. Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar, except for those items removed (4, 8, and 10). The motion carried by the following roll call vote: Ayes: Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan, Proctor, Adams J. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. ADOPTION OF RECORDS RETENTION SCHEDULE AND AUTHORIZATION FOR DESTRUCTION OF CERTAIN CITY RECORDS. Mayor Pro Tem Ridgeway stated that in 1956, the Building Department destroyed twenty years of permits without coordination through the Planning Department. It has resulted in several legal, nonconforming properties in the City. Mayor Pro Tom Ridgeway stated that the current action being considered by the City Council is significant. He requested that the City Clerk provide information on the procedures that would be established. City Clerk Harkless provided a brief history of the process that led to the formation of the records retention schedule. She specifically noted that every department was involved and worked in conjunction with Gladwell Governmental Services, Inc., an expert in local government records. City Clerk Harkless stated that the schedules being recommended meet or exceed legal requirements, and take into consideration department policies, procedures and preferences. Extensive training was also conducted on the implementation of the records management program. City Clerk Harkless noted the supplemental staff report that was distributed after the initial report and contained two changes to the schedule. In response to the incident reported by Mayor Pro Tern Ridgeway, City Clerk Harkless stated that the records management program will include the distribution of a records management manual to all departments. It would include the City -wide records retention schedule, as well as the records retention schedules for each of the Volume 56 - Page 335 INDEX Res 2003 -46 C -3263 Water Quality Studies in Newport Bay (38) Res 2003 -39 Records Retention Schedule (32) City of Newport Beach Regular Meeting August 12, 2003 departments. Jim Hildreth stated that the records retention schedule for Harbor Resources does not include pier permits and it should. Additionally, he stated that if any records were destroyed, City Council approval would have been required. He stated that since pier permits are required to be retained, and approval to destroy them has not been given, then he should be able to receive the records from Harbor Resources, as he has been requesting. Motion by Mayor Pro Tem Ridgeway to adopt Resolution No. 2003- 39 adopting a records retention schedule, as amended, and authorizing the destruction of certain City records. Mayor Pro Tern Ridgeway stated that Harbor Resources has already informed Mr. Hildreth that the records he is requesting have been destroyed. City Clerk Harkless stated that adoption of the records retention schedule won't recreate documents that have been destroyed in the past. City Manager Bludau added that the City has previously destroyed records based on State standards and that the recommended schedule adheres to those standards, but provides more detailed information regarding the specific records of the City. The motion carried by the following roll call vote: Ayes: Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan, Proctor, Adams S. ASSIGNMENT OF CONSOLIDATED DISPOSAL SERVICE NON- EXCLUSIVE SOLID WASTE FRANCHISE AGREEMENT. Madelene Arakelian expressed her concern for how the franchise agreement was written. She asked if the contract would strictly be with Republic Services, Inc., or if the doing- business -as business names (dba's) would be listed on the refuse containers. Ms. Arakelian also asked if the waste collected would be delivered to the material recovery facility in Anaheim and if so, how the City would get credit for the recyclables. Mayor Bromberg requested that General Services Director Niederhaus contact Ms. Arakelian to discuss her concerns and answer her questions. Dolores Otting stated that the City does not inspect the vehicles used by the solid waste haulers and seems more interested in collecting the franchise fees. Secondly, she stated that when someone has a complaint about a solid waste hauler, it's difficult to contact the companies. She suggested that the franchise agreements require that complaints be handled within a 24 -hour time period. Volume 56 - Page 336 INDEX Res 2003 -43 Non - Exclusive Solid Waste Franchise Agreement (42) City of Newport Beach Regular Meeting August 12, 2003 Jim Hildreth stated that he's observed individuals using the privatized trash bins designated for businesses. He stated that the trash trucks should be inspected and noted that they cause a great deal of disturbance when driving through the neighborhoods. City Manager Bludau stated that any complaints regarding trash collectors should be directed to the General Services Department. He stated that the City has enforcement personnel who will verify if the trash collector has a franchise agreement with the City and will enforce the regulations. Motion by Mayor Pro Tem Ridgeway to 1) adopt Resolution No. 2003 -43 assigning the City franchise agreement with Consolidated Disposal Service, L.L.C. to Republic Services, Inc., dba Briggeman Disposal, L.L.C., Consolidated Disposal Service, L.L.C., and Taormina Industries, L.L.C.; and 2) approve the Agreement to Assign the Consolidated Disposal Service, L.L.C. Non - exclusive Solid Waste Franchise Agreement to Republic Services, Inc., dba Briggeman Disposal, L.L.C., Consolidated Disposal Service, L.L.C., and Taormina Industries, L.L.C. Mayor Pro Tem Ridgeway stated that he didn't feel that it was within the City's jurisdiction to inspect the vehicles. The motion carried by the following roll call vote: Ayes: Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan, Proctor, Adams 10. PACIFIC COAST HIGHWAY PARKWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH PENCO ENGINEERING, INC. Council Member Nichols requested a brief staff report and, specifically, noted that there's an area along Cameo Shores in front of Corona Highlands that doesn't have a sidewalk either. Mayor Pro Tem Ridgeway suggested that Council Member Nichols contact departments directly with such questions prior to City Council meetings. He stated that the item on the agenda is for an award of a professional services agreement and not to discuss sidewalks in other parts of the City. Council Member Nichols stated that he wanted to point out that the sidewalk and the wall are being done along Coast Highway in the Cameo Shores area, and that it will include the Morning Canyon wash area. Public Works Director Badum stated that the work will actually cover Volume 56 - Page 337 P_vDEX C -3661 PCH Parkway Improvements/ Morning Canyon to Cameo Shores (3S) City of Newport Beach Regular Meeting August 12, 2003 INDEX the area between Morning Canyon and Cameo Motion by Mavor Pro Tern Ridgeway to approve a Professional Services Agreement with Penco Engineering, Inc. for $39,629 and authorize the Mayor and the City Clerk to execute the Agreement. The motion carried by the following roll call vote Ayes: Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan, Proctor, Adams K. PUBLIC COMMENTS Jim Hildreth stated that the records he's been requesting from the City should have been kept and maintained. He stated that if they were destroyed, he should be told when and how they were destroyed. Mr. Hildreth stated that the hourly employees in Harbor Resources have been directed not to speak to him. He stated that he should be able to obtain information from any City employee, and that he may consider running for City Council to find out what is going on in the City. Mr. Hildreth stated that, for example, the public should be aware that the undergrounding of utilities allows for taller structures. He concluded his comments by stating that the Mayor knows that the City is hiding records from him because they are embarrassed by them. Mayor Pro Tem Ridgeway noted that allowing Mr. Hildreth to speak during Public Comments is an example of the City supporting freedom of speech. Jane Brown, Southern California Edison, announced that Edison rates were lowered, effective August 1, 2003. They were lowered by approximately 8% for residents and up to 19% for commercial. She stated that the commercial accounts are receiving a bigger rate decrease because they received a larger rate increase during the energy crisis. She stated that an analysis of the projected savings for the City accounts will be presented in the near future. She emphasized that conservation is important and does make a difference. Glenn Zagoren, President and CEO of the Newport Harbor Nautical Museum, stated that on August 2, 2003, the Daily Pilot ran a story about the Newport Harbor Nautical Museum desiring to move to the Lower Castaways site. Mr. Zagoren clarified that they are looking to acquire the vacant site from The Irvine Company, but will also continue to develop their current site. He reported that they are receiving positive feedback from the community and the City on their plans. Mr. Zagoren suggested that the museum's location be considered during discussions regarding the plans for Mariners' Mile. Brian Clarkson, FreeNewport.com, noted the absence of Council Member Proctor and stated that he left the City Council meeting on Volume 56 - Page 338 City of Newport Beach Regular Meeting August 12, 2003 INDEX July S, 2003, early and hasn't been in attendance since. Mr. Clarkson stated that Economic Development Program Administrator Trimble sent an e -mail earlier in the day to the Balboa Merchants & Owners Association (BMOA) Board requesting that Jim Fournier, webmaster of TalesofBalboa.com and member of the BMOA, remove the site's link to the FrceNewport.com site. He stated that the e -mail also stated that it is Mr. Fournier's decision on who he links, but it is also the choice of the Business Improvement District (BID) who they link. Mr. Clarkson stated that the request is a restriction of freedom, which is what FreeNewport.com is fighting against, and that the action also poses a number of serious questions. He asked what the City's policy is for linking sites to its website and requested that the action of Program Administrator Trimble be looked into. Mayor Bromberg stated that although questions can be asked during Public Comments, those that are truly motivated and have legitimate concerns are encouraged to contact City staff at any time. He stated that it isn't necessary or as effective to wait for a City Council meeting to ask a question. • Scott Palmer, BID Administrator for the City, stated that he attended the Balboa Village BID /BMOA meeting earlier in the day, and that Mr. Clarkson's comments are probably the result of a misunderstanding. Mr. Palmer stated that the issue discussed at the meeting regarded a link that was removed a year ago to a tattoo parlor website, and that the discussion was about not repeating the same mistake. • Dolores Otting distributed pages 16 and 17 of the Balboa Bay Club lease and reported that she has attempted to get her questions answered by staff. She specifically referred to the sections discussing base rent during construction, and stated that the Balboa Bay Club is still operating under a temporary occupancy permit and only paying $46,000 per month for rent. She stated that they should be paying $100,000 per month for rent and the public should be aware of what's going on, since it's public land that's being leased. Ms. Otting requested that a future Study Session address the issue. Mayor Bromberg stated that a future Study Session will address the issue, but there are other issues that will need to be taken first. City Attorney Burnham also clarified that the lease provisions do allow the Balboa Bay Club to abate base rent during construction, but not percentage rent, and that it hasn't resulted in any reduction in rent paid to the City. • In regard to the comments made earlier by Mr. Clarkson, City Manager Bludau stated that the e -mail from Program Administrator Trimble contained information that would be appropriate from a City employee. • Addressing Mr. Hildreth, Mayor Bromberg stated that when he approaches the City Council regarding an issue, he should review the staff report beforehand. He stated that without doing so, he only Volume 56 - Page 339 City of Newport Beach Regular Meeting August 12, 2003 belittles himself. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report - Ad Hoc General Plan Update Committee (GPUC). Mayor Bromberg announced that GPUC has not met since the previous City Council meeting. Status report - Local Coastal Program Certification Committee. Mayor Pro Tern Ridgeway reported that the Coastal Commission has provided their comments and staff will be meeting with them to discuss the details, and a meeting of the Committee will follow. Status report - Newport Coast Advisory Committee. Council Member Heffernan was not present at the current meeting to provide a report. Status report - Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb stated that there was nothing new to report. Status report - Other Committee Activities. Mayor Pro Tem Ridgeway announced that the applicant at Lower Bayview has agreed to move forward with the project, at a reduced size. A presentation will be made to the Coastal staff in October, 2003. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING COMMISSION AGENDA FOR AUGUST 7, 2003 [Meeting cancelled due to lack of business]. N. PUBLIC HEARINGS 17. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: PUBLIC HEARING FOR RENEWAL OF THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT FOR THE 2003 -2004 FISCAL YEAR AND ADOPTION OF RESOLUTION OF CONFIRMATION. Economic Development Program Manager Berger stated that the action before the City Council is to consider the renewal of the Corona del Mar Business Improvement District (BID) for the eighth year. He stated that no written or verbal protests have been received and that staff is recommending approval of the renewal. Council Member Nichols asked how many businesses voted in the last election. Program Manager Berger stated that of the 319 businesses that belong to the BID, 52 of them cast ballots, which is comparable to prior years. Council Member '.Nichols asked what percentage of the businesses have not made their payments. Scott Palmer, BID Administrator, stated that approximately 18% of the businesses have not made their payments and of that, approximately 10% are businesses that normally pay late and the other 8% are businesses that Volume 56 - Page 340 INDEX [No Report] Res 2003 -44 Corona del Mar Business Improvement District (BID) Renewal (27) City of Newport Beach Regular Meeting August 12, 2003 will probably not pay for various reasons. Council Member Nichols complimented the payment rate of the BID. Mayor Bromberg opened the public hearing Hearing no testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Webb to adopt Resolution of Confirmation No. 2003 -44, since protests represented less than 50 percent of the total assessment amount, and to confirm the BID Advisory Committee. The motion carried by the following roll call vote: Ayes: Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan, Proctor, Adams 18. GENERAL PLAN AMENDMENT 2003 -04, PA 2003 -130 — NEGATIVE DECLARATION AND ADOPTION OF UPDATED HOUSING ELEMENT. Using a PowerPoint presentation, Senior Planner Campbell explained that State Housing Element Law requires cities to conduct comprehensive assessments of current and projected housing needs for all economic segments of their communities. She briefly listed the basic requirements of the law. A specific requirement of the law is that cities must quantify their projected housing needs, and plan to meet those needs and their share of the Regional Housing Need Assessment (RHNA), which is the projected housing need for the planning period for a specific community. Senior Planner Campbell stated that the method for establishing RHNA allocations is very involved. She provided a summary of the process. Senior Planner Campbell stated that other provisions of the housing element law include that cities review and revise the previous element for its effectiveness, the progress of its implementation, and the appropriateness of its goals, objectives and policies. Another requirement of the law is that cities assess housing needs, and analyze resources and constraints. Cities must also establish a housing program that sets forth a five -year schedule of actions to achieve the goals and objectives of the element. Senior Planner Campbell reported that Newport Beach, upon completing all of the required reviews and analyses, has made six major changes to its housing element. She stated that the development of the three identified affordable housing sites in the City has been included, as well as the research of affordable housing sites as a part of the general plan update. Thirdly, Senior Planner Campbell stated that a new policy has been added to clarify when a developer must pay an in -lieu fee or provide housing. Substantial changes were also made to Volume 56 - Page 341 INDEX Res 2003 -45 GPA 2003 -04 PA 2003 -130 Housing Element Adoption (45) City of Newport Beach Regular Meeting August 12, 2003 INDEX the inclusionary housing policy and a new policy was added to encourage the investigation of the reduction of commercial areas for the expansion of residential development in some of the older commercial areas. Lastly, a new policy was added to deal with analyzing constraints as they apply to housing intended for persons with disabilities. Senior Planner Campbell provided an outline of the certification history, which resulted in the State Housing and Community Development Department (HCD) issuing a letter of conditional compliance in May of 2003, and the Planning Commission recommending City Council approval of the housing element on July 17, 2003. Senior Planner Campbell briefly described some of the consequences of non - compliance, and the benefits of tying in the housing element with the general plan update. Motion by Mavor Pro Tem Rideewav to certify the proposed Negative Declaration and adopt Resolution No. 2003 -45 approving the Housing Element. Mayor Pro Tem Ridgeway complimented the presentation. He stated that it was well done and made a difficult and complex issue, understandable. He also noted that staff has done an excellent job in working with HCD. He stated that the issues are difficult and complex, but that housing needs are important and that the State is involved to accommodate the State's population growth. Mayor. Bromberg echoed the comments of Mayor Pro Tem Ridgeway, and acknowledged his involvement with the issue also. Council Member Nichols asked what the implications would be if the Lower Bayview senior affordable housing project isn't approved. Assistant City Attorney Wood stated that HCD understands how hard the City has tried to begin implementation of the element and comply with the conditions of certification. She added, however, that there is a new State law that requires local governments who deny or reduce density in a housing project to identify other sites to accommodate the same number of units. Mayor Bromberg opened the public hearing Dolores Otting asked if the City has a list of sites that can be used for the units that are required under RHNA. She also asked what the deadline is to complete the new units. Mayor Pro Tem Ridgeway stated that the number changes as the population changes, and that Newport Beach will have to do its part to accommodate the growth. Hearing no further testimony, Mayor Bromberg closed the public hearing. Volume 56 - Page 342 City of Newport Beach Regular Meeting August 12, 2003 Mayor Bromberg requested that staff contact Ms. Otting to discuss her concerns and answer her questions. Council Member Nichols asked where the Avocado & MacArthur site is located. Mayor Pro Tom Ridgeway stated that it's the site above the intersection on San Miguel. The motion carried by the following roll call vote Ayes: Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan, Proctor, Adams O. CURRENT BUSINESS 19. ESTABLISHMENT OF A CITY COUNCIL AD HOC COMMITTEE TO CREATE A COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE FRIENDS OF OASIS WITH THE APPOINTMENT OF TWO (2) COUNCIL MEMBERS BY THE MAYOR. Mayor Bromberg appointed Council Member Webb and Mayor Pro Tem Ridgeway to the City Council Ad Hoc Committee. Dolores Otting asked why there is a need to establish the committee. She stated that the Friends of the Oasis have been supporting the Oasis Senior Center for years, and that there are a number of upset people in the community. Council Member Nichols stated that he's interested in serving on the Committee, and noted that the Oasis Senior Center is within his councilmanic district. Mayor Bromberg stood by his appointments. Council Member Nichols asked if the Committee's meetings will be open to the public. City Attorney Burnham stated that it would not be a Brown Act committee, and that it has a specific task to meet with the Friends of the Oasis to develop the terms and conditions of a cooperative agreement. He added that it is a limited purpose committee with a fixed time period. Mayor Bromberg stated that it's a housecleaning issue. Motion by Mavor Pro Tem Ridgeway to adopt Resolution No. 2003- _ creating the Ad Hoc OASIS Cooperative Agreement Committee; and confirm the Mayor's appointment of Council Member Webb and Mayor Pro Tem Ridgeway to serve on the committee. Volume 56 - Page 343 INDEX Ad Hoc Oasis Cooperative Agreement Committee (24) City of Newport Beach Regular Meeting August 12, 2003 The motion failed by the following roll call vote: Ayes: Ridgeway, Webb, Mayor Bromberg Noes: Nichols Abstain: None Absent: Heffernan, Proctor, Adams City Attorney Burnham explained that four affirmative votes of the City Council are needed to approve a resolution. P. MOTION FOR RECONSIDERATION - None Q. ADJOURNMENT at 8:25 p.m. in the memory of Brianna Ruiz The agenda for the Regular Meeting was posted on August 6, 2003, at 3:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on August 8, 2003, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Volume 56 - Page 344 INDEX