HomeMy WebLinkAbout12/12/2000 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
December 12, 2000 - 7:00 p.m.
- Cancelled
- 6:00 p.m.
CLOSED SESSION REPORT PRESENTED - City Council unanimous approval
of four year Memorandum of Understanding with Police Employees Association.
RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
Present: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Absent: None
Pledge of Allegiance - Council Member Thomson.
Invocation by Allan Beek.
Presentation to County Supervisor Tom Wilson in appreciation for his
leadership in starting the process to extend the John Wayne Airport
Settlement Agreement. Mayor Noyes noted the Orange County Board of
Supervisors' recent unanimous vote to support the City's resolution to begin the
process to extend the John Wayne Airport Settlement Agreement. Mayor Noyes
acknowledged the City's and Supervisor Wilson's differences in regards to the El
Toro airport issue, but stated that Supervisor Wilson has done many things for
Newport Beach. Mayor Noyes went on to list many of Supervisor Wilson's
accomplishments which included efforts involving Upper Newport Bay dredging
projects, the Upper Newport Bay Interpretive Center, protection of water quality in
the area, coastal protection, limiting urban runoff and annexation issues. Mayor
Noyes presented Supervisor Wilson with a key to the City. Supervisor Wilson
thanked the Mayor for the acknowledgement, and noted that the City is a treasure
and he has tried to do what he can for it.
Presentation of resolutions by County Supervisor Tom Wilson to outgoing
Mayor Noyes and Council Member Thomson, and recognition of outgoing
Council Member Debay who received her resolution at a prior event.
Supervisor Wilson recognized the three outgoing Council Members for their time,
effort and energy in serving the community. He stated that all three participated in
many different County issues and represented the City well. Supervisor Wilson
presented the resolutions to Mayor Noyes and Council Member Thomson.
Presentation by Chamber of Commerce of Proceeds from Taste of Newport.
Joe Parker, Chairman of the Newport Harbor Area Chamber of Commerce, stated
that the Chamber is excited to present their contributions to local charities from the
proceeds of the Taste of Newport. Richard Luehrs stated that the Taste of Newport
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INDEX
was tremendously successful this year. He thanked the City, The Irvine Company,
the merchants and management of Fashion Island and the volunteers, which totaled
over 1,000, for their part in making the event a success. Mr. Parker and Mr. Luehrs
went on to present the checks to the various organizations and displayed a replica
check indicating the total donation of $25,200.
Proclamation commending Mr. Masao Kato of Okazaki, Japan for his work
in strengthening the bonds of partnership between our cities. Mayor Noyes
introduced Mr. Kato and Wendell Fish. Mr. Fish acknowledged Mr. Kato for his
efforts. Mayor Noyes read and presented the proclamation to Mr. Kato recognizing
him as an ambassador and friend to Newport Beach. Mr. Kato expressed his
appreciation for the honor of receiving the proclamation and thanked the City for its
support of the people of Okazaki.
Presentation of gifts to outgoing Mayor Noyes and Council Members Debay
and Thomson by Mayor Pro Tem Adams. Mayor Pro Tem Adams presented the
Mayor with a plaque to honor his service as Mayor, an official City tile and a special
gift representing the City's appreciation for his service on the City Council. Mayor
Pro Tem Adams presented both Council Members Debay and Thomson with their
tiles and gifts. He thanked all three for their service to the City, noting that the
gifts were only symbolic in expressing the City's appreciation.
Presentations by other community leaders and public officials.
Jan Vandersloot, 2221 E. 16th Street, thanked the three outgoing Council Members
for serving on the City Council and the sacrifices they've made. Dr. Vandersloot
specifically recognized Council Member Thomson for his efforts on the proposed
Newport Central Park for the open space above the Central Library.
Dr. Vandersloot presented Council Member Thomson with a framed aerial
photograph of the parcel and a conceptual drawing of what the proposed park might
look like.
Robert Hanley, Santa Ana Heights resident, thanked the three outgoing Council
Members for their courtesy and efforts involving the annexation of West Santa Ana
Heights. Mr. Hanley distributed copies of the Santa Ana Heights Residents
Newsletter.
Terry Debay, husband of Council Member Debay, acknowledged the City staff for
the excellent job they do and, personally, for their support.
Tracey Baltera, 3124 Heliotrope Avenue, thanked Mayor Noyes for keeping things
entertaining, Council Member Debay for being so smart and fair, and Council
Member Thomson for his balance. Ms. Baltera stated her hope that everyone would
put their efforts behind the new park that Council Member Thomson has proposed.
Remarks by outgoing Mayor John Noyes and Council Members Jan Debay
and Tom Thomson.
Mayor Noyes stated that, for him, being on the City Council has been all about
people. He specifically thanked the City staff and made remarks about City
Manager Bludau, City Attorney Burnham, Risk Manager Farley, Public Works
Director Webb, Transportation/Development Services Manager Edmonston, City
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Clerk Harkless, General Services Director Niederhaus, Building Director Elbettar,
Fire Chief Riley, Marine Training Coordinator Boyer, Marine Safety Lieutenant
Turner, Police Chief McDonell, Deputy City Manager Yiff and Executive Assistant
to the City Manager Forde. Mayor Noyes commented on the stability that will occur
during the transition of the new Council Members due to the solid staff that will
continue to work hard and do a good job. He additionally acknowledged the people
that serve on the boards and commissions and some of the real life heroes he has
met. Mayor Noyes additionally commented about some of the residents that speak
in opposition to others and provide a balance. He concluded by stating that nothing
is done alone.
Council Member Debay stated that she didn't want to say goodbye to anyone, and
that she is only graduating from 13 years of service to the City. She thanked the
staff and her husband. She stated that she is stepping down from civil service, but is
a much better educated citizen and will continue to be a participant. Council
Member Debay reflected on some of the good times and bad times during her years
of service. She stated that there is so much for everyone to celebrate together and be
proud of. She stated that the biggest challenge for the new City Council is to restore
the feeling of working together and celebrating the good things together. She stated
that communication and outreach in every neighborhood across the City will be the
challenge. She stated that a healing is needed due to the division and
misunderstanding that has taken place. Council Member Debay stated that Council
Members have to listen to a lot voices, strike a balance and make a decision. She
expressed her hope that everyone will enter into the outreach process, that people
will be allowed to disagree respectively and that solutions can be found. She
encouraged everyone to also stay active in regional issues. Council Member Debay
concluded by stating that new ideas are needed, not more arguments and dissention.
She complimented City Manager Bludau and congratulated the new Council
Members.
Council Member Thomson stated that he served on the Planning Commission and
also worked with Planning Director Temple and others in the Planning Department
through another committee. Council Member Thomson mentioned the employees
that work for the City, their dedication, efficiency and kindness. He stated that
anything can be done by working through the system. He mentioned that being on
the City Council has been fun. He left a couple of items for incoming Council
Member Heffernan. Council Member Thomson pointed out that the make-up of the
new City Council includes five attorneys.
REORGANIZATION
1. CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS,
SWEARING IN OF NEW COUNCIL MEMBERS AND ELECTION OF
MAYOR AND MAYOR PRO TEM.
Motion by Mayor Noyes to adopt Resolution No. 2000 -98 declaring the
results of the General Municipal Election held on November 7, 2000.
Ayes: Ridgeway, Debay, Glover, Adams, O'Neil, Thomson, Mayor Noyes
Noes: None
Abstain: None
Absent: None
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Res 2000 -98
Elections
(39)
City of Newport Beach
City Council Minutes
December 12, 2000
ISO1151:
The City Clerk called the newly elected Council Members forward, Gary
Proctor, Steven Bromberg and John Heffernan. She then administered the
Oath of Office prescribed in the State Constitution to the elected candidates,
and delivered to each a Certificate of Election.
The newly elected Council Members were seated at the Council table.
City Clerk Harkless announced that she would preside over the election of
the new Mayor. She placed all members of the City Council on an equal
basis to nominate and elect, and asked if there were any nominations.
Council Member O'Neil nominated Council Member Adams. Hearing no
further nominations and no objections to electing Council Member Adams as
the new Mayor, City Clerk Harkless announced that Council Member Adams
had been elected as the new Mayor, by acclamation.
Mayor Adams took his proper place at the Council table.
Mayor Adams announced that he would preside over the election of the new
Mayor Pro Tem. He placed all members of the City Council on an equal
basis to nominate and elect, and asked if there were any nominations.
Mayor Adams nominated Council Member Ridgeway.
Hearing no further nominations, the election of Council Member Ridgeway
as the new Mayor Pro Tem was voted on as follows:
Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor
Adams
Noes: None
Abstain: None
Absent: None
City Clerk Harkless announced that Council Member Ridgeway had
elected as the new Mayor Pro Tem.
Mayor Pro Tem Ridgeway took his proper place at Council table.
The City Council then decided on the seating arrangements of the Council
table, with senior members having first preference. The follow seating, from
left to right, was decided upon: Heffernan, O'Neil, Ridgeway, Adams, Glover,
Bromberg, Proctor.
New Mayor's comments.
Mayor Adams welcomed the three new Council Members, and thanked the
entire City Council for their support on his election as Mayor. He added that
it was an honor to serve with the three outgoing Council Members and that
they are owed a great debt of gratitude for their community service as
members of the City Council, as well as members of various regional boards
and commissions. Mayor Adams stated that the new City Council takes on a
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INDEX
new personality and style, and it will take some time and effort to becon
comfortable as a body. To assist in learning about each Council Member
priorities and objectives for the coming year, Mayor Adams proposed that
retreat be held locally, with the public encouraged to attend, on a Saturday:
late January or early February.
Mayor Adams stated that the City is in great shape and possibly the best
shape it's been in its nearly 100 year history. He stated that the quality o
life in Newport Beach, arguably, remains the highest of any City in the
County, and possibly the country. He specifically mentioned the City's police
and fire services, trash collection, library, infrastructure, street
improvements, roadway network, bay, harbor and ocean water quality
proposed annexations and the City's financial health. Mayor Adams proposec
that, to insure that the City's fiduciary responsibility continues to be met anc
that it gets the full attention it deserves, the Finance Committee be
reestablished. He stated that the item was on the agenda for the current
meeting and asked the City Council to support the action.
Mayor Adams stated that the greatest threat to the City's quality of life is t
operational expansion of the John Wayne Airport. He stated that the Cour
Board of Supervisors recently agreed formally to work with the City
developing the necessary environmental documentation and stakehold
support for the extension of the settlement agreement. Mayor Adams add
that the settlement agreement can't be relied on solely, however, and that t
City must also be an advocate for a second airport in Orange County. ]
stated that the City's economy and livelihood will depend on adequate ;
passenger and cargo capacity, and a way to provide it with equitable shari
of the environmental cost must be found. Mayor Adams stated that t
agenda for the current meeting includes a recommendation to form a new
hoc committee to help guide the settlement agreement extension process a
a recommendation to reform the existing Airport Issues Ad Hoc Committee
separately deal with issues relating to the reuse of the El Toro Air Stati<
He stated that he hoped that the City Council would support the
recommendations.
Mayor Adams stated that traffic congestion and further development
intensity are also seen as significant potential detractors from the City's
quality of life. He stated that the recently passed Measure S shows that the
residents do not want traffic and density increases above what is allowed by
the City's existing General Plan. Mayor Adams stated that he agrees with
the view, but not the measure's method, although, he would respect and
support it. He added that an outgrowth of the community's concern has been
the formation of a General Plan Update Committee, which will assist with
the community outreach process that will provide input for updating the
General Plan. Mayor Adams stated that many elements of the City's General
Plan are outdated and the update process will be of interest to many people.
Mayor Adams stated that the agenda for the current meeting also includes a
recommendation to add a designee from the Measure S campaign to the
General Plan Update Committee. He stated that he hoped that the City
Council would support this recommendation.
Mayor Adams further suggested that a recommendation come before the City
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INDEX
Council to have a standing agenda item added to future agendas that would
allow Council Members to report on the work that is being done by the
various committees. He stated that this will keep the Council Members
informed of committee activity and provide a forum for feedback. He stated
that it will also give the public a better view of what is going on in the City.
Mayor Adams added that he'd also like the Planning Director to give a brief
oral report at each City Council meeting on the actions of the Planning
Commission.
Mayor Adams concluded by stating that he is pleased and honored to
named Mayor by his fellow Council Members and looks forward to serving
City in that capacity during the upcoming year.
Comments by newly elected Council Members.
Council Member Proctor stated that he recently resigned from the
Wayne Airport Commission after 17 years of service. He stated that he 1
to work with former Council Member Debay to insure that there is conth
in District 2 and with ongoing projects. He stated that he also hopes to 1
on some of his strengths from his prior background. Council Member Pr
stated that he looks forward to working with the new City Council
carrying the torch of former Council Member Debay.
Council Member Bromberg stated that he brings to the City Council twelve
years of community activism and that serving on the City Council is a natural
progression for him. He thanked those involved with his campaign, his wife,
Ronnie, and MaryAnn McDaniel who ran the campaign. Council Member
Bromberg stated that Newport Beach is a wonderful city and a wonderful
place, and that volunteerism is what it is all about. He stated that the City is
facing a lot of challenges with the implementation of Measure S and the
airport issues. He stated that he agrees with Council Member Debay that
there needs to be a healing. Council Member Bromberg stated that everyone
needs to start thinking positively and working as a unit.
Council Member Heffernan stated that his mother and late father both
provided leadership roles and taught him to reach out and have confidence.
He additionally acknowledged his wife and two sons, his law partner and the
Greenlight contingent. Council Member Heffernan stated that growth is a
delicate issue in Newport Beach. He stated the City has the financial
resources and that long-range decisions must be made. He added that the
airport is the primary issue that must be addressed. He stated that the City
needs to preserve what it has, the City Council needs to have balance and the
prominent issue of the John Wayne Airport needs to be dealt with. Lastly,
Council Member Heffernan thanked his intern and added that he wants to do
a fair and decent job for the City.
Bob Foster, Civil Service Board Member, stated that the Civil Service Board
was present at the current meeting to acknowledge Council Member
Bromberg. He stated that Council Member Bromberg served on the Civil
Service Board for 7 1/2 years, and did so in a calm, deliberate and solid
manner. Mr. Foster then read the Civil Service Board Resolution that
recognized Council Member Bromberg for his service on the Board and
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December 12, 2000
congratulated him on his election to the City Council. The Civil
Board members presented the resolution to Council Member Bromberg.
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 Glover called up for review Use Permit No. 3647 from
the Planning Commission meeting of December 7, 2000, and requested
that it be agendized for the City Council meeting of January 9, 2001.
• Council Member O'Neil requested a staff report on the restriping that
was done on Marguerite Avenue, north of 5th Avenue. He stated that he
has received a complaint from a resident in the area.
• Council Member O'Neil requested a staff report on the proposed
construction project involving a concrete wall on Bristol Street, adjacent
to the end of the runway at John Wayne Airport. Specifically, he asked
that the report include information on the purpose of the wall and when
it would be built.
• Council Member Heffernan requested information on the lights at Bonita
Village Park. He stated that several people have contacted him.
• Council Member Heffernan requested information about the issue
recently reported in the Los Angeles Times regarding unreported sewer
leaks in Huntington Beach.
CONSENT CALENDAR
READING OF MINUTES /ORDINANCES AND RESOLUTIONS
2. MINUTES OF THE REGULAR MEETING OF NOVEMBER 28, 2000.
Waive reading of subject minutes, approve as written and order filed.
Council Members Heffernan, Bromberg and Proctor abstained from voting
on this item.
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. RESOLUTION UPDATING THE LIST OF DESIGNATED
EMPLOYEES FOR 2001 UNDER THE CITY S CONFLICT OF
INTEREST CODE. Adopt Resolution No. 2000 -99 adopting the 2001
Designated Employees List.
5. Item removed from the Consent Calendar by a member of the
audience.
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Res 2000 -99
Conflict of Interest
Code
(66)
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City Council Minutes
December 12, 2000
INDEX
6.
Item removed from the Consent Calendar by a member of the
audience.
7.
GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF
Res 2000 -101
BOATING AND WATERWAYS' PUBLIC BEACH RESTORATION
Beach Restoration
PROGRAM. Adopt Resolution No. 2000 -101 approving the submittal of an
(62)
application to the California Department of Boating and Waterways for a
Beach Restoration Grant, totaling $400,000.
8.
AD HOC GENERAL PLAN UPDATE COMMITTEE. Adopt Resolution
Res 2000.102
No. 2000 -102 adding a member to the Ad Hoc General Plan Update
Ad Hoc General Plan
Committee, to be selected by the signator /proponents to the Notice of Intent
Update Committee
to Circulate Petition for the Protection from Traffic and Density Initiative
(24)
(Greenlight), and rescinding Resolution No. 2000 -45.
9.
CITY COUNCIL FINANCE COMMITTEE. Adopt Resolution
Res 2000 -103
No. 2000 -103, which would re- establish the Finance Committee.
Finance Committee (24)
10.
ADOPT RESOLUTIONS REGARDING THE UNDERGROUNDING OF
Res 2000 -104
UTILITIES AND THE CONSTRUCTION OF STREET
Res 2000 -105
IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 79
Res 2000 -106
(BEACON BAY). 1) Adopt Resolution No. 2000 -104 making findings on a
C -3277
petition for, adopting a map showing the proposed boundaries o£, and
Assessment District
making appointments for Assessment District No. 79; 2) adopt Resolution
No. 79
No. 2000 -105 declaring intention to order the construction of certain
Beacon Bay
improvements in proposed Assessment District No. 79, declaring the
(38/89)
improvements to be of special benefit, describing the district to be assessed
to pay the costs and expenses thereof, and providing for the issuance of
bonds; 3) adopt Resolution No. 2000 -106 giving preliminary approval to the
report of the Assessment Engineer, setting a time and place for a public
hearing and ordering the intention of assessment ballot procedure for
Assessment District No. 79 on February 27, 2001; and 4) approve the Special
Counsel Agreement with the firm of Robert Hessell, Attorney at Law.
CONTRACTS AND AGREEMENTS
11.
ONE -YEAR LEASE EXTENSION - GIRL SCOUT HOUSE (1700 WEST
C -1955
BALBOA). Authorize the Mayor to enter into the 2nd Amendment to a 1987
Girl Scout House
Lease Agreement with the Girl Scout Council of Orange County that extends
(38)
the Girl Scouts' tenancy at the Girl Scout Hut (1700 West Balboa) to
March 15, 2002.
12.
CONTRACT APPROVAL — VIRAL TESTING IN STORM DRAINS AND
C -3371
TRIBUTARIES TO NEWPORT BAY (PHASE II). Authorize the City
Newport Bay Viral
Manager to execute a contract with the Southern California Coastal Water
Testing
Research Project (SCCWRP) for human enteric virus testing (Phase II) in
(38)
storm drains and tributaries to Newport Bay.
13.
PROFESSIONAL SERVICES CONTRACTS FOR FEDERAL
C -3194
PROGRAM SUPPORT OF WATER RESOURCE PROJECTS.
C -3264
1) Authorize the retention of Ball Janik LLP to provide legislative advocacy
Federal Program
support services to obtain Federal funding for Water Resources Projects for
Support of Water
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December 12, 2000
INDEX
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Fiscal Year 2000 -2001 for a fee not to exceed $30,000; and 2) authorize the
Resource Projects
retention of Bucknam & Associates to provide program management support
(38)
services for the water resources projects for Fiscal Year 2000 -2001 for a fee
not to exceed $8,500 (the firm's principal was a City employee for 10 years
prior to 1979).
14.
BALBOA BOULEVARD REHABILITATION FROM MEDINA WAY TO
C -3322
ADAMS STREET - AWARD OF CONTRACT (C- 3322). 1) Approve the
Balboa Boulevard
plans and specifications; 2) consent to the request of Gillespie Construction,
Rehabilitation
Inc. for relief from their bid because of a computer error; 3) award the
(38)
contract (C -3322) to the second low bidder, All American Asphalt, Inc. for the
total bid price of $1,076,395.50 and authorize the Mayor and the City Clerk
to execute the contract; and 4) establish an amount of $107,000 to cover the
cost of testing and unforeseen work.
15.
JAMBOREE ROAD ZONE III WATER MAIN REPLACEMENT,
C -3360
CAMELBACK STREET TO UNIVERSITY DRIVE - AWARD OF
Jamboree Road
CONTRACT (C- 3360). 1) Approve the plans and specifications; 2) consent
Zone III
to the request of Universal Pipeline, Inc. for relief from their bid because of a
Water Main
mathematical error; 3) award the contract (C -3360) to the second low bidder,
Replacement
A.D. General Engineering, with a bid of $267,311 and authorize the Mayor
(38)
and the City Clerk to execute the contract; and 4) establish an amount of
$25,000 to cover the cost of unforeseen work.
16.
APPROVAL OF LIBRARY'S DATABASE TECHNOLOGY UPGRADE.
C -2995
Approve the database and technology upgrade of the library's automation
Library Database
system with epixtech at a cost of $106,010.
Upgrade (38)
17.
ACCEPTANCE OF LAW ENFORCEMENT GRANTS. 1) Approve and
BA -021
authorize the City Manager to sign the necessary agreements to accept the
Law Enforcement Grants
following Law Enforcement Grants: a. COPS MORE 2000 Grant in the
(40/70)
amount of $159,260 to fund civilian positions; b. Office of Traffic Safety
Targeted Collision Reduction Program Grant in the amount of $175,710 to
fund a DUI Enforcement Team and related equipment; c) California Law
Enforcement Equipment Program Grant in the amount of $126,133 to
purchase law enforcement technology equipment; d) Local Law Enforcement
Block Grant — Crime Prevention Program renewal in the amount of $53,599;
and 2) authorize the Administrative Services Department to make the
necessary budget amendment (BA -021) for the corresponding appropriations.
18.
Item removed from the Consent Calendar by Mayor Pro Tern
Ridgeway.
MISCELLANEOUS ACTIONS
19.
PLANNING COMMISSION AGENDA FOR DECEMBER 7, 2000.
Planning Commission
Receive and file.
(68)
20.
BUDGET AMENDMENT (BA -020) IN THE AMOUNT OF $43,834 TO
BA -020
INCREASE REVENUE ESTIMATES AND EXPENDITURE
Federal Library
APPROPRIATIONS DUE TO THE RECEIPT OF A FEDERAL
Services and
LIBRARY SERVICES AND TECHNOLOGY ACT GRANT. Approve
Technology Act Grant
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December 12, 2000 INDEX
BA -020.
(40/50)
21. ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE
EQAC Attendance
ATTENDANCE REPORT. Receive and file.
(24)
22. PURCHASE APPROVAL OF 800 MHz MOBILE DATA COMPUTERS
800 MHz Mobile
FOR FIRE APPARATUS. Authorize the expenditure of $210,000 of
Data Computers
Capital Improvement Program funds for the purchase of twenty -two (22)
for Fire Apparatus
Motorola MW520 Mobile Data Computers and software applications through
(41)
the standing Orange County 800 MHz Motorola Radio Contract (Contract
#SOOOD015.95) and the purchase of mapping software and services from
GeoSpatial Technologies.
23. FINAL TRACT MAP NO. 15829 - 900 SEA LANE - A REQUEST TO
Final Tract Map 15829
SUBDIVIDE AN EXISTING LOT CONTAINING 7.5 ACRES OF LAND
900 Sea Lane
INTO A SINGLE PARCEL OF LAND IN CONJUNCTION WITH THE
(TT15829)
DEVELOPMENT OF A 90 UNIT ATTACHED AND DETACHED
RESIDENTIAL CONDOMINIUM PROJECT ON PROPERTY
LOCATED IN THE MFR (MULTI- FAMILY RESIDENTIAL)
DISTRICT. Approve Final Tract Map 15829.
24. AGREEMENT WITH CITY LIGHTS DESIGN ALLIANCE TO
C -3153
DEVELOP A PUBLIC IMPROVEMENT PLAN FOR MARINER'S
Mariner's Mile
MILE. Approve and authorize Mayor to execute agreement.
(38)
25. AMENDMENT TO EXTERIOR DESIGN REQUIREMENTS OF
C -3248
BALBOA THEATER LEASE. Approve amendment to the lease.
Balboa Theater (38)
Council Member Bromberg abstained from voting on this item
S32. COUNCIL AD HOC COMMITTEES. Modify the duties of the Airport
Airport Issues Committee
Issues Committee; establish the JWA Settlement Agreement Extension Ad
JWA Settlement Agreeme
Hoc Advisory Committee; and schedule appointments by the Mayor to be
Extension Ad Hoc Advisor
made for both committees at the City Council meeting of January 9, 2001.
Committee (24)
Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar,
except for those items removed (5, 6, and 18), noting the abstention of
Council Members Heffernan, Bromberg and Proctor on Item No. 2, the
abstention of Council Member Bromberg on Item No. 25, and the changes to
Item No's. 14 and 15.
The motion carried by the following roll call vote:
Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor
Adams
Noes: None
Abstain: None
Absent: None
ITEMS REMOVED FROM THE CONSENT CALENDAR
5. MODIFICATION TO CITY MANAGER'S CONTRACT.
Res 2000 -100 /C -3262
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December 12, 2000
Jim Hildreth, 120 The Grand Canal, stated that City Manager Bludau has
done an exquisite job and is an asset to the City. He stated that his personal
dealings with him have shown him to be helpful and pleasant.
Motion by Mayor Pro Tern Ridgeway to approve the amendment to the
City Manager's contract by adoption of Resolution No. 2000 -100 adjusting
the compensation paid to the City Manager.
Mayor Pro Tem Ridgeway echoed the comments made earlier by former
Council Member Debay. He stated that City Manager Bludau has done an
excellentjob.
The motion carried by the following roll call vote
Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor
Adams
Noes: None
Abstain: None
Absent: None
6. ADOPT RESOLUTION IN SUPPORT OF EXTENDING STATE
ROUTE 57 (SR57) TO INTERSTATE 405 (I405).
Jan Vandersloot, 2221 E. 16th Street, stated that it was premature for the
City to support the extension of State Route 57 without further analysis and
public input. He read from page 2 of the staff report that stated, "The
adjacent cities of Fountain Valley and Santa Ana oppose the project because
of its neighborhood impacts and their concern about flood and water quality
implications from intrusion in the river channel ". He stated that it is
proposed to put the extension on top of the Santa Ana River and it is very
controversial. He stated that Newport Beach needs to consider the possible
water quality impacts. Additionally, Dr. Vandersloot questioned the traffic
projections. He stated that an Environmental Impact Report (EIR) should
be prepared. He concluded by requesting that further study be asked for and
that the resolution not be approved at the current meeting.
Larry Porter, 2712 Cliff Drive, agreed with Dr. Vandersloot's comments. He
stated that the item requires further study before the resolution is adopted.
Ron Winship, 34 Corsica, stated that the project needs to be analyzed. He
encouraged the City Council to study the issue very carefully and consider
the project's impacts to Newport Beach's quality of life.
Nancy Skinner, 1724 Highland Drive, stated that the issue may seem
routine, but she doesn't understand why the City Council is being asked to
make a decision before receiving more background information. She stated
that she didn't feel that the City Council needed to do anything at the
current meeting regarding the item.
Mayor Adams stated his understanding that the recommended action was to
support the extension of a franchise agreement to allow the road to be built
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City Manager's
(38)
State Route 57
Extension
(74)
City of Newport Beach
City Council Minutes
December 12, 2000
INDEX
in the future. He added that all of the environmental documentation and
studies would be done as part of the entitlement. He agreed with the
comments of the speakers, and stated that the City won't know if it will
benefit from the freeway extension until the environmental impact work is
done. He added that he has a problem with the resolution supporting the
extension of the freeway. He stated that he could support the resolution if it
were modified to only support the extension of the agreement.
Mayor Pro Tem Ridgeway stated that the extension of State Route 57 is a
mobility issue, but needs to be weighed with the impacts to Newport Beach.
He requested that the item be taken off calendar. He stated that the City
may be considering the adoption of a resolution that could be contrary to
City interests.
Mayor Adams asked if Mayor Pro Tem Ridgeway wanted to look at the item
in more detail at a later date or remove it from the calendar altogether.
Mayor Pro Tem Ridgeway stated that he would prefer to remove it so that
the City could try to get an initial understanding about the potential for
water quality damage. He stated that he didn't feel that the City had
adequate knowledge to move forward with a resolution.
Council Member Glover agreed that it was premature and she would not be
supporting the resolution at the current meeting. She asked if there was a
plan to continue the extension of State Route 57 to Coast Highway. Public
Works Director Webb stated that he didn't know of any plans for State Route
57 to go beyond the 405 Freeway. Council Member Glover stated her
concern for supporting the franchisee. She stated that the City should have
more information and the appropriate time to look at it might be when the
EIR is completed. She added that she didn't understand why the City would
ever need to support the extension anyway.
Council Member Proctor stated his understanding, from the information in
the staff report, that the EIR and possible mitigation would be evaluated
later in the process.
City Manager Bludau agreed that the resolution was poorly worded. He
stated that the issue before the City Council at the current meeting was
whether to support American Transportation Development's request for an
extension of their franchise term. He stated that if the franchise agreement
is extended, that EIR documents would be produced in order to assess what
the impacts of the proposed highway would be and what alternatives were
available. City Manager Bludau stated that the proposed resolution was
only intended to help kick off the process. He agreed, however, that the City
may not even need to support the concept at the current meeting, but would
like to see the EIR process begin.
Mayor Adams asked if the franchisee needed the City's support to continue.
City Manager Bludau stated that they have asked for it, but don't need it.
Mayor Adams stated that if the Orange County Transportation Authority
(OCTA) is in support of the project, he would have liked for them to have
provided more background information. Mayor Adams noted that the
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City of Newport Beach
City Council Minutes
December 12, 2000
Fiji ii M
proposed extension has been on the County Master Plan of Arterial
Highways for over 25 years, which means that traffic planning and regional
modeling have been based on the assumption that the extension will be built.
He stated that he understands the issues related to Newport Beach, but he
also feels that the County planners have determined that the extension is
necessary.
City Manager Bludau stated that he didn't feel that the item was time
sensitive. He suggested that the item be continued to the City Council
meeting of January 9, 2001.
Mayor Adams suggested that the item not be placed on the Consent
Calendar when it is brought back.
Motion by Council Member Proctor to continue the item to the City
Council meeting of January 9, 2001 and modify the language in the
resolution to better clarify that the City Council is only approving the
commencement of the discussions of the agreement.
Mayor Adams suggested that staff might want to prepare two resolutions,
one supporting it with the City's concerns included and one opposing it.
City Manager Bludau further suggested that the item could come back
before the City Council at a Study Session, instead of a Regular Meeting,
and could include reports from OCTA and the franchisee.
Council Member Bromberg asked if the proposed resolution was approved
and an EIR were produced, if the City would be under any obligation to
support the EIR. City Manager Bludau stated that the City would be under
no obligation by adopting the resolution. He stated that it only expresses a
desire, which can change at any time.
Council Member Glover asked if the proposed resolution was approved and
an EIR were produced, if the City would be a part of the EIR as an agency
that supported the concept. City Attorney Burnham stated that it could be
included in an appendix, but he agreed with the City Manager that
supporting the project conceptually in a resolution would not be legally
binding.
Substitute Motion by Mayor Pro Tern Ridgeway to table the item.
Council Member O'Neil stated that the resolution is not necessary or
binding, he doesn't know enough about it and it's about an issue that the
City has no jurisdiction over.
The substitute motion carried by the following roll call vote:
Ayes: Ridgeway, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams
Noes: Proctor
Abstain: None
Absent: None
Volume 53 - Page 719
City of Newport Beach
City Council Minutes
December 12, 2000
18.
CES AGREEMENT WITH WILLIAM AVERY
& ASSOCIATES.
Mayor Pro Tem Ridgeway asked how many of the employee associations
would be coming up for renegotiation during the next two years.
Assistant City Manager Wood stated that the City is currently working with
the new Part -Time Employees Association and is also in mid -MOU
negotiations with the Firefighters Association regarding paramedic training.
Assistant City Manager Wood stated that six association MOU's expire
during the upcoming fiscal year. She listed these as being the City
Employees Association, Employees League and Professional and Technical
Employees Association, which expire in July, and the Police Management
Association, the Firefighters Association and the Fire Management
Association, which expire in December. Assistant City Manager Wood added
that the Marine Safety Officers' MOU expires in July of 2002.
Motion by Mayor Pro Tern Ridgeway to approve agreement for
January 1, 2001 through December 31, 2002 for $4,750 per month.
The motion carried by the following roll call vote
Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor
Adams
Noes: None
Abstain: None
Absent: None
Russell Niewiarowski, Santa Ana Heights, distributed copies of information
on the Santa Ana Heights area and the John Wayne Airport. He stated that
the issue with the solid concrete retaining wall on Bristol Street is that it has
the potential for being the primary retaining wall for a secondary bridge
(tunnel) for the extension of the runway over the 73 Freeway. He stated that
CalTrans did not invite the cities of Costa Mesa or Newport, or Santa Ana
Heights into any of the discussions pertaining to the retaining wall.
Secondly, Mr. Niewiarowski stated that there is the potential to implement a
better plan for El Toro, which would mitigate several of its problems. He
stated that the V -Plan has the potential to build back support and is ready to
be implemented.
Jim Auster, 20401 Bayview Avenue, stated that he is representing the Back
Bay Access Coalition and they are asking the City Council to look into the
issue of a trail closure leading to the Back Bay. He stated that he had
previously sent information to the City Council and that the issue involves
the Brockman property, which was annexed by the City. He stated that the
trail easement from Mesa Drive to Back Bay Regional Park is a public access
easement to the park. He stated that Ms. Brockman closed the trail with no
legal basis. He asked that the City Council have the gates removed and
protect the easement from any future closures.
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INDEX
C -3075
Labor Negotiations
(38)
City of Newport Beach
City Council Minutes
December 12, 2000
Mayor Adams stated that the letter from Mr. Auster was received and the
City Attorney's office has been asked to look into the issue of the City's
jurisdiction.
Mayor Pro Tem Ridgeway stated that liability by Ms. Brockman is also an
issue. He suggested that Santa Ana Heights might want to consider
providing her with some type of insurance.
Margaret Butt, South Laguna, stated that she has been violated. She stated
that people have been breaking and entering into her place and that these
people spray her clothes, her food, things in her closet and her bed. She
added that they have stolen some of her items for evidence. She stated that
she also has a friend that has been violated for 3 1/2 years. She stated that
she has worked with the City of Laguna Beach police, but she would also like
to talk to a City of Newport Beach detective. She stated that it is a very
serious matter and should be looked into. She stated that it is an evasion of
privacy.
Jeff Hamilton, Santa Ana Heights, stated that regarding the liability issue
with Ms. Brockman, as mentioned earlier in the current meeting, he knew
that the 1975 agreement with the State was a no hold harmless agreement.
He stated that the County has also approached her for purchase of the
property and to go into a no hold harmless agreement for the easement and
the access. He encouraged the City Council to look at the gate closure
because it has closed off access to the Back Bay area from the west side.
Ron Winship, 34 Corsica, stated that the fight regarding El Toro has several
realities. He stated that one of the realities is that one of the three
supervisors that supports an airport at El Toro will be gone in two years. He
encouraged the City to conclude the extension of the John Wayne Airport
settlement agreement prior to that time and while the City still has the
votes. Mr. Winship stated that the City should not plan to force an airport
on the residents of South County. He stated that, instead, the City should
ask the residents of South County to assist Newport Beach. He stated that
this has caused a perception problem and suggested that the City start a
strong public relations campaign.
Jim Hildreth, 120 The Grand Canal, stated that he will be asking the City
Council to resolve a safety issue. He stated that he is in the process of
putting together some proposals that may alleviate the problem.
PUBLIC HEARINGS
26. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT ANNUAL
RENEWAL FOR 2001 FISCAL YEAR.
Associate Planner Trimble stated that an ordinance was introduced at the
City Council meeting of November 14, 2000, that dealt with the proposed
expansion of the Marine Avenue Business Improvement District (BID) to
include businesses in the Agate Avenue and South Bay Front areas and
rename the district to the Balboa Island BID. He stated that on
November 28, 2000, the City Council approved a Resolution of Intention to
Volume 53 - Page 721
INDEX
Res 2000.107
Marine Avenue
BID
(27)
City of Newport Beach
City Council Minutes
December 12, 2000
assessments.
INDEX
Associate Planner Trimble stated that the City has received 24 protests, with
all of them being from the Agate Avenue and South Bay Front areas. He
stated that this represents 14% of the overall proposed district and 72% of
the expansion area.
Council Member Glover asked if the BID area was being increased.
Associate Planner Trimble confirmed that the proposed ordinance, if
adopted, would do that. Associate Planner Trimble further confirmed that
50% of the assessed value of the businesses in the overall area of a new BID
must be in favor of the BID for it to be approved.
Mayor Pro Tem Ridgeway asked about previous attempts at expansions of
the Marine Avenue BID. Associate Planner Trimble stated that there was
one previous attempt to expand the BID, four years prior, which included the
bayside area as well as the Agate Avenue and South Bay Front areas. He
stated that the BID was not approved due to opposition from both areas.
Mayor Pro Tem Ridgeway confirmed that 72% of the current expansion area
is opposing the BID. Associate Planner Trimble stated that a new resolution
has been drafted that includes only Marine Avenue.
Council Member Bromberg stated that the BID, formed in 1996, was
originally limited to Marine Avenue, although there have been efforts to
bring in the Agate Avenue and South Bay Front areas. He stated that he
understands the businesses in these areas opposing the BID, since a lot of
the BID money is spent on bringing people to Balboa Island and most spend
their time on Marine Avenue. Council Member Bromberg stated that he
wouldn't want to force the BID on the Agate Avenue and South Bay Front
businesses.
Mayor Adams opened the public hearing.
Howard Silver, merchant on Marine Avenue, stated that the BID has been a
failure, with no accountability whatsoever. He stated that, since the BID
was formed, he has asked for quarterly reports indicating where the money
was being spent. He stated that he's only seen two quarterly reports in four
years and they have been extremely vague. He stated that one year the BID
spent $6,000 to support the parade, which Mr. Silver stated does nothing for
the merchants. He stated that he is not opposed to advertising their area as
a group, but he stated that the BID is not working. He suggested that
accountability be required and voting take place on how the money will be
spent. He additionally suggested that the City provide more assistance in
supporting and promoting the businesses on Balboa Island and in Newport
Beach.
Mayor Pro Tem Ridgeway confirmed with Associate Planner Trimble that
the City currently matches the funds collected from the BID. Associate
Planner Trimble stated that the BID administration costs also come out of
the City's contribution. Mayor Pro Tem Ridgeway further confirmed that
there is a BID Board, elected by the members, which consists of
approximately 13 people.
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City of Newport Beach
City Council Minutes
December 12, 2000
INDEX
Mayor Adams asked what the City's role was in the BID operation. City
Attorney Burnham stated that the BID is a privately run organization, but a
new court ruling suggests that BID Board meetings do need to be noticed in
accordance with the Brown Act. He added that the City does provide some
administrative assistance. Assistant City Manager Wood confirmed that the
City does provide staff assistance and matches the BID funds, after the
consultant who does the administrative work is paid. She stated that the
BID's have always followed the provisions of the Brown Act.
Mayor Adams asked for staff to comment on Mr. Silver's statements about
lack of accountability in the BID. Associate Planner Trimble stated that
since the consultant was hired two years prior, statements have been
prepared that include checkbook registers of all expenses. Additionally, he
stated that minutes are taken at all BID Board meetings and annual reports
including proposed activities for the upcoming year are provided to the City
Council each year.
In response to Mr. Silver's earlier comments about the City assisting the
businesses by promoting their areas, Mayor Adams stated that the City
already has a Conference & Visitors Bureau, which performs this function
and does it quite well.
Seymour Beek, 528 South Bay Front, stated that the people on Agate
Avenue did not know about the expansion of the BID until the week prior,
when they received a notice that was mailed on December 1, 2000. He
stated that it wasn't adequate notice and they should have been informed
sooner.
Council Member O'Neil confirmed with City Attorney Burnham that if the
proposed expansion area has 72% opposed to the BID, the City Council could
still approve the BID because the overall assessed value of the businesses in
the BID support it.
Mayor Pro Tem Ridgeway stated his disagreement with such an approach.
John Douty, owner of a store on South Bay Front, stated that 75% to 80% of
his revenue capital comes from the Balboa Island fuel dock. He stated that
he does not receive any benefit from the Marine Avenue BID. Mr. Douty
stated his opposition to the expansion of the BID.
Jim Hildreth, 120 The Grand Canal, mentioned the error regarding the level
of assessment as noted in the November 28, 2000, staff report. Additionally,
he pointed out that real estate agents, nail technicians and hair stylists are
exempt from the being assessed. Mr. Hildreth stated that he discussed the
BID with the businesses on Marine Avenue and they feel that the Agate
Avenue and South Bay Front areas do not need to be included.
Hearing no further testimony, Mayor Adams closed the public hearing.
Council Member Bromberg stated his disagreement with Mr. Silver's
comments about the function and success of the BID.
Volume 53 - Page 723
City of Newport Beach
City Council Minutes
December 12, 2000
INDEX
Motion by Council Member Bromber to decline the name change and
expansion, since protests from the expanded area represented 50 percent or
more of the expanded area; and to adopt Resolution No. 2000.107,
confirming the levying of assessments for the Fiscal Year of January 1, 2001
to December 31, 2001, since protests within the current boundaries
represented less than 50 percent of the total assessment amount.
Mayor Adams confirmed that the motion is stating that the expanded area
would not be included in the BID.
The motion carried by the following roll call vote:
Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Mayor Adams
Noes: Heffernan
Abstain: None
Absent: None
27, NEWPORT BEACH RESTAURANT BUSINESS IMPROVEMENT
Res 2000 -108
DISTRICT RENEWAL, PUBLIC HEARING AND LEVYING OF
Restaurant
ASSESSMENT FOR 2001 FISCAL YEAR.
BID
(27)
Associate Planner Trimble stated that there are no changes in assessed
value, boundaries or membership for the Restaurant BID. He added that no
protests have been received.
Mayor Adams opened the public hearing.
Hearing no testimony, Mayor Adams closed the public hearing.
Motion by Mayor Pro Tern Rid eway to adopt Resolution No. 2000 -108,
since protests represented less than 50 percent of the total assessment
amount.
The motion carried by the following roll call vote:
Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor
Adams
Noes: None
Abstain: None
Absent: None
28. USE PERMIT 3626 (BUZZ) REVOCATION APPEAL (ERIC RAMESON
Use Permit 3626
AND HOSPITALITY MANAGEMENT GROUP, APPLICANT/
Buzz Revocation Appeal
APPELLANT) - 3450 VIA OPORTO - AN APPEAL BY THE
3450 Via Oporto
APPLICANT OF THE PLANNING COMMISSION'S REVOCATION OF
(88)
USE PERMIT 3626.
Motion by Council Member O'Neil to continue the item to January 23,
2001.
Mayor Adams opened the public hearing.
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City of Newport Beach
City Council Minutes
December 12, 2000
The motion carried by the following roll call vote
Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Mayor Adams
Noes: Heffernan
Abstain: None
Absent: None
29. FLUTER MIXED USE PROJECT (STERNS ARCHITECTURE) - 2410
NEWPORT BOULEVARD - A REQUEST TO CONSTRUCT A MDCED
USE BUILDING WITH 1,500 SQUARE FEET OF COMMERCIAL
SPACE AND 2 RESIDENTIAL UNITS - SITE PLAN REVIEW NO. 79,
USE PERMIT NO. 3685 AND VARIANCE NO. 1239.
City Manager Bludau confirmed for Mayor Adams that Mr. Fluter had
requested that the item be continued.
Motion by Council Member O'Neil to continue the item to January 9,
2001.
Mayor Adams opened the public hearing.
The motion carried by the following roll call vote:
Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor
Adams
Noes: None
Abstain: None
Absent: None
30. GREENLIGHT GUIDELINES WORKING GROUP.
Mayor Adams stated that the item has been continued from the City Council
meeting of November 28, 2000. He summarized the discussion at that
meeting by stating that a working group was discussed, but the consensus
appeared to be that a working group was not necessary and, instead, staff
could work with concerned citizens to develop the policies that would
interpret Measure S. He added that the proposed policies would be made
available to the public with adequate time for response. After input was
received, the policies would be presented for approval at a City Council
meeting.
Council Member Glover stated that she supports the idea of the Planning
Department identifying their areas of concern, working with the City
Attorney and coming back to the City Council with a list of what needs to be
interpreted. She stated that this would give the public and the Measure S
proponents the opportunity to comment on those items. She stated that a
committee may sound like a good idea, but it wouldn't achieve what it might
be intended for. Council Member Glover added that the citizens have voted
and staff only needs to identify the problem areas in regards to
Volume 53 - Page 725
I1011*3
Use Permit 3685
Site Plan Review 79
Variance 1239
Fluter Mixed Use
Project
2410 Newport Blvd.
(88)
Greenlight
Guidelines
Working Group
(24)
City of Newport Beach
City Council Minutes
December 12, 2000
implementation.
INDEX
Mayor Adams clarified that the staff report presented at the current meeting
was merely a copy of the staff report presented at the City Council meeting
of November 28, 2000, and not a new report.
Council Member Heffernan stated that he spoke with Allan Beek, the author
of the measure, and Mr. Beek had already narrowed down the areas that
require interpretation. Council Member Heffernan stated that he suggested
to Mr. Beek that he present an outline of those areas to City staff, so that
staff could prepare the City's response to those items and bring it to the City
Council for public discussion. Council Member Heffernan did not support
the committee approach and stated that he would rather move forward and
respond to the voters quickly.
Evelyn Hart, 49 Balboa Coves, Greenlight proponent, stated that she
supports the Mayor's proposal and stated that the Greenlight proponents are
available to assist in any way needed.
Nancy Skinner, 1724 Highland Drive, stated that she also supports the
Mayor's suggestion and that it is important for the Planning Department
staff to determine what is needed and let the public comment.
Allan Beek stated his concurrence with the comments of Council Member
Glover.
Council Member Glover stated that she was prepared to make a motion
incorporating her previous comments. She asked the City Manager to
explain what staffs approach would be. City Manager Bludau stated that
staff would get together to decide on the areas that require interpretation
and make recommendations regarding implementation. He stated that it
would be agendized for the City Council meeting of January 9, 2001, to
receive public input. Council Member Glover asked if staff could be ready
with recommendations by January 9th, or just identification of the areas that
require interpretation. City Manager Bludau stated that staff could be
prepared to do both.
Mayor Adams stated that many people are interested in the item and he
would suggest that staffs written recommendations be posted on the website
and distributed to interested parties prior to discussion at a City Council
meeting. He asked if staff would have enough time to do this. City Manager
Bludau stated that possibly the item should be agendized as a discussion
item only on January 9th and scheduled for action at the City Council
meeting of January 23, 2001.
City Attorney Burnham stated that another alternative would be to draft the
recommendations, post them on the City's website, hold a town hall type
meeting to discuss the recommendations and receive input, and agendize the
item for action on January 23�d.
Mayor Adams suggested that the item be agendized for the Study Session of
January 9th for discussion and scheduled for action at the City Council's
Volume 53 - Page 726
City of Newport Beach
City Council Minutes
December 12, 2000
INDEX
Regular Meeting of January 23rd.
Council Member Bromberg suggested that as many public hearings as
necessary be scheduled.
Council Member Proctor asked if staff had already identified the issues. City
Manager Bludau stated that the issues include definitions of "floor area" and
"peak hour trips" and the look back provision over the ten -year period.
Council Member Heffernan asked if there wasn't also an issue with the
credit for demolition during a period of redevelopment. City Attorney
Burnham stated that Measure S only applies to General Plan Amendments
and wouldn't necessarily trigger a voter approval requirement for
demolition.
Council Member O'Neil asked how many different definitions of "floor area"
there were. City Attorney Burnham stated that there are at least two
definitions, one being net and one being gross. He stated that they would
discuss the issue with the Public Works Director to determine which one
links more directly to traffic generation. Council Member O'Neil asked the
same question for "peak hour trips ". City Attorney Burnham stated that it
could be defined as a combination of the AM and PM peaks, or the highest of
the two. Council Member O'Neil asked about the options for the ten -year
look back. City Attorney Burnham stated that three possible options include
looking back ten years from the date on which the General Plan Amendment
was approved by the City Council, the date on which the Notice of Intent to
Circulate was published, or the date on which the Secretary of State filed the
measure. Council Member O'Neil asked if the issues needed to be clarified
because the voters were confused on what they were voting for. City
Attorney Burnham stated that clarification needs to be done because the
measure and the voters encouraged the City Council to develop guidelines to
properly implement the measure.
Council Member Bromberg asked for staff to include a definition of the
impact of the "vested rights" implementation, as mentioned in Section 4 of
the measure.
Motion by Council Member Glover to schedule the item for discussion at
the Study Session of January 9, 2001, and direct staff to notice a public
hearing for the Regular Meeting of January 23, 2001.
Council Member Glover confirmed with City Attorney Burnham that the
City Council could still provide staff with direction at the Study Session on
January 9th.
The motion carried by the following roll call vote:
Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor
Adams
Noes: None
Abstain: None
Absent: None
Volume 53 - Page 727
City of Newport Beach
City Council Minutes
December 12, 2000
CURRENT BUSINESS
31. UNSCHEDULED VACANCY ON THE CIVIL SERVICE BOARD AND
APPOINTMENT BY MAYOR OF AN AD -HOC APPOINTMENTS
COMMITTEE.
Motion by Mayor Adams to accept the resignation of Steve Bromberg from
the Civil Service Board effective December 12, 2000 (term expires 6/30/01);
approve the extension of the term to June 30, 2005 (one full four -year term
plus the remaining balance of the unexpired term); direct the City Clerk to
advertise the vacancy pursuant to Council Policy A -2; and approve the
Mayor's appointment of Council Members Bromberg, O'Neil and Heffernan
to serve on the Ad Hoc Appointments Committee.
The motion carried by the following roll call vote:
Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor
Adams
Noes: None
Abstain: None
Absent: None
MOTION FOR RECONSIDERATION - None.
ADJOURNMENT at 10:10 p.m. in the memory of Ina J. Thomson, mother of
former Council Member Tom Thomson.
+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++
The agenda for the Regular Meeting was posted on December 6, 2000, at
3:50 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 December 8, 2000, at 2:00 p.m. on the City
Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
i.-_ n u 1 ✓� G7
City Clerk
a
Recording Secret
Ce �L4,k or>,,
Mayor
Volume 53 - Page 728
INDEX
Civil Service Board
Unscheduled Vacancy
(24)