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HomeMy WebLinkAbout02/26/2002 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting February 26, 2002 - 7:10 p.m. - 4:00 p.m. INDEX 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 - None. D. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Bromberg. E. INVOCATION - Bishop Mike Browning, Newport Beach Stake - Church of Jesus Christ of Later -Day Saints. F. PRESENTATIONS Karen Evarts, former President of the Newport Beach Sister Cities Association, introduced the seven winners of the Okazaki essay contest, "What I Can Do to Improve International Exchange and Understanding". She explained that the City of Okazaki sponsors an annual Citywide essay contest with the winners receiving a trip abroad. Mayor Ridgeway presented each of the winners with a gift on behalf of the City and the City Council. Ms. Evarts also introduced Wendell Fish, the founder of the Association. The group thanked the Mayor and the City, and expressed their sympathy for the events of September 11, 2001. A gift was also presented to Mayor Ridgeway. 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 Glover announced that, earlier in the day, the Board of Supervisors by a unanimous vote approved Scenario 1 and directed staff to return with amendments to the John Wayne Airport (JWA) Settlement Agreement within 90 days. She added that the Board also certified the Environmental Impact Report (EIR). Council Member Glover stated that Volume 55 - Page 13 City of Newport Beach City Council Minutes February 26, 2002 INDEX the City has been working on the issue since December of 2000 and that it protects the City from expansion at the John Wayne Airport. She stated that Newport Beach and the other corridor cities were present at the meeting to testify before the Board. She complimented the corridors' mail program put together by City Manager Bludau. She additionally acknowledged the efforts of Congressman Cox and Supervisor Spitzer, and the members of the JWA Settlement Extension Ad Hoc Committee, which included Council Members Proctor and O'Neil, City Manager Bludau, City Attorney Burnham and Senior Planner Alford. Lastly, Council Member Glover thanked the City Council and the El Toro Re -Use Planning Authority ( ETRPA), noting the wide support the effort received. Council Member O'Neil stated that Scenario 1 was one of three scenarios reviewed under the EIR. He noted that the original agreement was entered into between the City, the County, Stop Polluting Our Newport (SPON) and the Airport Working Group (AWG) in 1985. He stated that it placed limitations on the operations at the John Wayne Airport, but was due to expire in 2005. Council Member O'Neil stated that the EIR presented to the Board retains most of the noise limitations, although has some modest increases in the annual number of passengers that can be served. He complimented the efforts of Council Member Glover and stated that the agreement will go before the Board within 90 days for formal approval. Lastly, he noted the accomplishment of receiving such unity and support for the effort. Council Member Proctor stated that he was the Chairman of the John Wayne Airport Commission when the previous settlement agreement was negotiated and formalized. He thanked Council Member Glover, City Manager Bludau, City Attorney Burnham, ETRPA and the City staff for bringing about such wide support. Council Member O'Neil additionally acknowledged Supervisor Silva. Mayor Ridgeway noted that Supervisor Silva was instrumental in having the issue voted on prior to the March 5, 2002, election. Mayor Pro Tem Bromberg stated that a great deal of recognition is deserving for all those involved with the issue. Mayor Pro Tern Bromberg stated that the City Council has received numerous a -mails regarding the proposed Mormon Temple at Bonita Canyon. He stated that many of them deal with the height of the steeple and the color of the temple. Mayor Pro Tern Bromberg stated that most of the a -mails imply that the City is opposed to the Temple. He noted that he hasn't heard of any objections or complaints regarding the building of the temple itself, and that it still needs to go through the EIR process. Mayor Pro Tern Bromberg asked for an update on the extension of the lease with the American Legion. City Manager Bludau stated that he would schedule a meeting of the American Legion Site Lease Volume 55 - Page 14 City of Newport Beach City Council Minutes February 26, 2002 Subcommittee for Friday, March 1, 2002. Council Member Heffernan stated that the a -mails regarding the Mormon Temple are to be expected since it will serve a countywide religious purpose. He stated that he has conducted a survey within the "Port" streets and District 7 areas, and not all of the comments have been favorable. Council Member Heffernan stated that many people in the City have been displeased with their internet cable service. He noted that the contracts with Adelphia and Cox are up for renewal and the Ad Hoc Telecommunications Committee is working on the matter. He announced that a focus group meeting would be taking place on March 14, 2002, and that additional opportunities through the end of the fiscal year would be available for people to express their viewpoints. Council Member Heffernan stated that he has received extensive complaints regarding the length of time it takes to get a building permit in the City. He requested that a report be provided at a future Study Session regarding the problem and what can be done to improve the situation. Mayor Ridgeway stated that the City is beginning the second phase of the general plan update process with the scheduling of a series of neighborhood workshops. He announced that eight of them would be taking place in different areas of the City starting on Monday, March 18, 2002, and running through April 10, 2002. Mayor Ridgeway stated that the purpose of the individual workshop sessions is for City staff and trained community volunteers to conduct more extensive outreach to groups, neighborhoods and individuals in the City's continuing effort to reach and record information about what the citizens want in the general plan. I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF FEBRUARY 12, 2002. 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. RESOLUTIONS FOR ADOPTION 3. EXTENSION OF TERM OF AFFORDABLE HOUSING TASK FORCE. Adopt Resolution No. 2002 -20 extending the term of the Affordable Housing Task Force for one year. Volume 55 - Page 15 INDEX Res 2002 -20 Affordable Housing Task Force (24) City of Newport Beach City Council Minutes February 26, 2002 1011) CONTRACTS AND AGREEMENTS 4. APPROVAL OF AMENDMENT NO. 1 TO THE PROFESSIONAL C -3515 SERVICES AGREEMENT FOR CONSTRUCTION SUPPORT Construction SERVICES WITH PRO SOURCE, INC. Approve Amendment No. 1 to Support the Professional Services Agreement for construction services with Pro Services Source, Inc. (38) 5. EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE II, C -3334 (C -3334) — COMPLETION AND ACCEPTANCE. 1) Accept the work; Eastbluff Park 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the Walkway City Clerk to release the Labor and Materials Bond 35 days after the Reconstruction, Notice of Completion has been recorded in accordance with applicable Phase II portions of the Civil Code; and 4) release the Faithful Performance Bond (38) one year after Council acceptance. 6. 2001 -2002 SIDEWALK, CURB AND GUTTER REPLACEMENT, C -3427 (C -3427) — COMPLETION AND ACCEPTANCE. 1) Accept the work; 2001.2002 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the Sidewalk, Curb, and City Clerk to release the Labor and Materials Bond 35 days after the Gutter Replacement Notice of Completion has been recorded in accordance with applicable (38) portions of the Civil Code, and 4) release the Faithful Performance Bond one year after Council acceptance. 7. Item removed from the Consent Calendar by a member of the audience. 8. Item removed from the Consent Calendar by Council Member Heffernan. MISCELLANEOUS ACTIONS 9. BUDGET AMENDMENT TO TRANSFER GRANT FUNDS IN THE BA -030 AMOUNT OF $10,000 FROM PACIFIC LIFE FOUNDATION AND Disaster THE EMERGENCY MANAGEMENT ASSISTANCE GRANT Preparedness PROGRAM TO FIRE DEPARTMENT FOR DISASTER (40/41) PREPAREDNESS. Approve budget amendment (BA -030). 10. BUDGET AMENDMENT TO INCREASE REVENUE ESTIMATES BA -031 AND EXPENDITURE APPROPRIATIONS FOR LITERACY Library SERVICE PROGRAMS IN THE AMOUNT OF $9,622 DUE TO (40/50) RECEIPT OF CALIFORNIA LITERACY CAMPAIGN MATCHING FUNDS (CLSA). Approve budget amendment (BA -031). 11. Item removed from the Consent Calendar by Council Member Heffernan. 12. MAXIMIZING PUBLIC ACCESS TO CITY PARKS. Approve Council Policy I -28/ Policy I -28, Maximizing Public Access to City Parks. Parks (62/69) 13. REFERRAL OF POLYGRAPH ISSUES INVOLVED IN THE Polygraph/ Volume 55 - Page 16 City of Newport Beach City Council Minutes February 26, 2002 HIRING PROCESS OF PUBLIC SAFETY EMPLOYEES TO THE CIVIL SERVICE COMMISSION FOR REVIEW AND RECOMMENDATIONS. Refer the role of polygraph examination and polygraph examiners' experience levels in the hiring process for public safety employees to the Civil Service Commission for review. Motion by Mavor Pro Tern Bromberg to approve the Consent Calendar, except for those items removed (7, 8 and 11). 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 J. ITEMS REMOVED FROM THE CONSENT CALENDAR APPROVAL OF CONTRACT FOR PURCHASE OF PUBLIC ACCESS COMPUTERS. Jim Hildreth, 120 The Grand Canal, asked what would happen to the computers that are scheduled to be replaced. Mayor Ridgeway suggested that Mr. Hildreth contact the City Manager's office or the Community Services Director for an answer to his question. Motion by Mayor Pro Tern Bromberg to approve the bid in the amount of $40,603.63, for the purchase of 53 computers from Dell Marketing L.P. to replace computers used for the public in the Newport Beach Public Library System. 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 8. EXTENSIONS TO LEASES AT 1700 AND 1770 WEST BALBOA ( MARINAPARK SITE): GIRL SCOUT HOUSE AND MARINAPARK RESIDENCES. Referring to the Marinapark leases, Council Member Heffernan stated that Section 8F of the Lease Extension regarding the right of first refusal should be reworded to allow the City to accept or reject the terms of a third party if an owner decides to sell. Assistant City Manager Kiff stated that two leases are being considered Volume 55 - Page 17 INDEX Safety Employees/ Civil Service Board (66) C -3516 Public Access Computers for Library (38) C- 1784/C -1955 Marinapark Leases/ Girl Scout House and Residences (38) City of Newport Beach City Council Minutes February 26, 2002 INDEX at the current meeting. He stated that staff will work on the language as requested by Council Member Heffernan on the Marinapark lease. He further explained that staff is recommending that testimony be taken at the current meeting, but that the Marinapark tenants also be given more time to review the revisions to their lease and action not be taken until the City Council meeting of March 12, 2002. Council Member Heffernan asked for an outline of the process to notify the tenants of the new rent rate. Assistant City Manager Kiff explained that if the lease is approved, the City would provide a 90 -day notice to the tenants. Cary Lowe, Pasadena, attorney for the Marinapark Homeowners Association, stated that the lease extension has been reviewed and discussed with staff. He noted that the proposed extension contains a term of one year, but that Marinapark is not expected to close for at least three years. He stated that it would be beneficial to the tenants to have an extension beyond one year. He explained that it would provide stability and certainty for the tenants, even though the City would still retain the option to give notice when Marinapark is expected to close. Mr. Lowe stated that it would also provide the tenants with an incentive to upgrade their units. In regard to the rent levels, he stated that the tenants have done some research and found the rates to be over market. He explained that the levels set by the City don't take into account the short -term tenancy. He added that the levels might be appropriate for a longer term lease extension. Mr. Lowe suggested that the City conduct a third -party objective analysis on what the rents should be for a one -year lease compared with a three -year lease. He stated that a longer term lease might justify a higher rent rate. Tom Hyans, President of the Central Newport Beach Community Association, which includes Marinapark, stated that for more than 25 years the Association has supported the extension of the leases at the Marinapark site. He stated that the Marinapark mobile home park is a good neighbor and contributes to the City's revenue. He stated that the Association encourages the renewal of the lease for at least three years. Mr. Hyans further noted that the American Legion should also be accommodated. Dolores Otting stated that when construction began on the Balboa Bay Club, the City reduced their rent by 50 %. She agreed that the Marinapark lease should be extended for as long as possible. Daniel Shea, Marinapark resident, stated that Marinapark is all he has and it would be a tremendous hardship to have his rent increased. He stated that he would be forced to move and wouldn't know where to go. He asked that the City Council show some compassion. Council Member Glover requested that staff provide the City Council with the minutes from previous meetings when the issue was discussed. She recalled that the City Council took action to help the residents of Volume 55 - Page 18 City of Newport Beach City Council Minutes February 26, 2002 .0 Marinapark, but that the residents also asked for reasonable rent increases. Mayor Pro Tem Bromberg also recalled that the residents wanted to pay fair market rate. Stewart Berkshire, 1770 W. Balboa Boulevard, Marinapark resident, stated that he addressed the City Council in 1997 and proposed that the 1985 lease that was due to expire in 2000 be extended for a greater length of time at fair market rent. He explained that it would have doubled their rents at the time, but was conditional on the longer lease. Mr. Berkshire stated that Marinapark pays more per acre than the Balboa Bay Club or Beacon Bay. He concluded by saying that a longer lease results in higher fair market value. Council Member Adams stated that the rents at Marinapark have been held low in lieu of relocation reimbursements. He stated that this has been a part of the lease extensions for a number of years. City Manager Bludau confirmed that the rents have been held artificially low because it was always known that, at some point, the Marinapark residents would have to relocate. Mr. Berkshire stated that their rent has never been reduced. Council Member Adams stated that the tenants at Marinapark have each signed an acknowledgement in their lease agreements that the rental rates are set at a level to accommodate future relocation payments. Mr. Berkshire stated that this is true, but that their rental rates have never been reduced. Betty Berkshire stated when she and her husband purchased their mobile home in 1987, they priced leases in other mobile homes around the bay. She stated that Marinapark was equivalent at that time. She stated that they have had regular Consumer Price Index increases each year, but that their rents have never been reduced. Assistant City Attorney Clausen stated that staff is recommending that the item be continued to the City Council meeting of March 12, 2002. She stated that additional information and revisions to the lease would be provided at that time. Council Member Heffernan confirmed with City Manager Bludau that the action on the two leases could be taken separately. Motion by Mayor Pro Tern Bromberg to authorize the Mayor to execute the Amendment to the Lease for the Girl Scout House. 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 Volume 55 - Page 19 City of Newport Beach City Council Minutes February 26, 2002 Council Member Adams stated that there seems to be a discrepancy on the history of the leases. He requested that this be cleared up in the staff report for the March 12, 2002, meeting. Mayor Ridgeway agreed and requested that the present value for the relocation assistance also be provided. He added that the lease agreements do include a clause regarding the relocation. He also suggested that the City Manager and the Assistant City Attorney could possibly meet with Cary Lowe. Motion by Mayor Pro Tern Brombera to continue the item to authorize the Mayor to execute a new Lease Agreement between the City and each resident of Marinapark to March 12, 2002, with additional information to be provided, as requested. 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 11. BUDGET AMENDMENT TO TRANSFER FUNDS IN THE AMOUNT OF $30,000 FROM THE LIBRARY LIABILITY ACCOUNT TO THE 2002 DISTINGUISHED SPEAKERS LECTURE SERIES. Council Member Heffernan asked for a brief report on who pays for the Distinguished Speakers Lecture Series. Community Services Director Kienitz stated that the Lecture Series is a joint project of the Newport Beach Public Library Foundation and the City's library system. She stated that the money received through donations and tickets sales is held in a holding liability account, and budget amendments are made to transfer the funds to the Lecture Series account. Council Member Heffernan confirmed with Community Services Director Kienitz that the program is cost neutral to the City. Motion by Council Member Heffernan to approve the budget amendment (BA -032). 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 Volume 55 - Page 20 INDEX BA -032 Library (40/50) City of Newport Beach City Council Minutes February 26, 2002 K. PUBLIC COMMENTS INDEX Mary Carlyle Porter, 700 Larkspur Avenue, stated that the Canary Island date palms that line Marguerite Avenue in Corona del Mar have a serious disease and are being replanted with King palms. She stated that the replanting is breaking away from the continuous look and taking away one of Newport Beach's historical landmarks. She provided photos to illustrate her point and asked the City Council to consider planting smaller Canary Island date palms, with the understanding that they will require increased care and treatment. She stated that the King palms, even upon maturity, won't have the stunning beauty that the Canary Island date palms have. Ms. Porter stated her understanding of the problem with the Canary Island date palms, but suggested that possibly a cure has been found for the disease that they have. City Manager Bludau stated that the Canary Island date palms are susceptible to disease and the King palms are not. He added that even newly planted Canary Island date palms will get the disease and that's why King palms are being used. Jim Hildreth, 120 The Grand Canal, requested that the documents he has repeatedly asked for be provided to him. He stated that he has many questions about the chronological order of events. Mr. Hildreth requested that the location of the records be provided to him or if they've been destroyed, that he be informed of this. Dolores Otting stated that in 1996 the voters of Newport Beach approved Measure Q, a measure that required curbside container refuse collection for existing or future residential units within City boundaries as of November 1, 1996, to be paid for from property tax revenue. She noted that the vote was 17,854 in favor of the measure, and 11,825 against. Ms. Otting stated that the City is paying for the residential curbside trash pick -up for the recently annexed Newport Coast area. She asked why Measure Q is not being enforced. Russell Niewiarowski, Santa Ana Heights, displayed a cartoon slide that he recently presented to the Mayor of the City of Irvine. Mr. Niewiarowski stated that a five -year extension of the John Wayne Airport Settlement Agreement is not the cure -all and that everyone needs to vote on March 5, 2002, against the Great Park Initiative. He stated that an airport at El Toro needs to be secured and that the V -Plan needs to be utilized. He stated that he is working on an initiative for a reasonable alternative airport for the November election, and he hoped that the City of Newport Beach would support it. Mr. Niewiarowski stated that a long -term solution needs to be secured and his group is trying to benefit the City. He asked that money, such as that being spent by the City on the Mormon Church, be directed to his group instead. Council Member Glover expressed her embarrassment and apologized for Mr. Niewiarowski's slide, which denigrated an elected official in Orange County. She stated that she does not condone it and pointed out that a Volume 55 - Page 21 City of Newport Beach City Council Minutes February 26, 2002 member of the public displayed it. Mayor Ridgeway echoed Council Member Glover's comments. He additionally noted that the extension agreement will be good through the year 2015, and not just for five years. City Attorney Burnham also pointed out that the City has not given money to the Mormon Church, although there is a contract for the environmental impact report that will be paid for by the church. Charles Griffin commended the City's efforts to attain Scenario 1, but noted that it does increase the flights and the number of gates without it being clear in the environmental impact report on who is negotiating the increases. Mr. Griffin stated that he is continuing to support the V -Plan for an airport at El Toro. He stated that Measure W needs to be opposed and an airport at El Toro needs to be secured. Mayor Adams stated that the City has publicly opposed Measure W, noting the proclamation that was signed the previous week by Mayor Ridgeway. Laura Dietz, Corona del Mar resident, noted the recent passing of Chuck Jones. Ms. Dietz stated that Mr. Jones was a Corona del Mar resident and created many famous animated characters. She noted that his personal spirit for never giving up is reflected in all of his characters. She suggested that, in the future, Mr. Jones be acknowledged in a permanent way, possibly at one of the City's playgrounds. She stated that she would pass her idea on to the Parks, Beaches and Recreation Commission. Council Member Glover noted that News Hour recently had a 15- minute segment on Mr. Jones and that it was very good. Mayor Ridgeway stated that Mr. Jones was truly an extraordinary person. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES — None. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR FEBRUARY 21, 2002. Assistant City Manager Wood stated that the Planning Commission agenda of February 21, 2002, contained only one item. She stated that it involved the Cannery Lofts project, which consists of 22 mixed -use units in the Cannery Village area. She stated that the Planning Commission approved the project and that it is scheduled for public hearing at the City Council meeting of March 12, 2002. In response to Council Member Heffernan's question, Assistant City Manager Wood stated that Mayor Ridgeway called the project up for review, although certain aspects of the project would have already gone before the City Council regardless of the call up. Motion by Mayor Pro Tern Bromberg to receive and file the written Volume 55 - Page 22 INDEX Planning (68) City of Newport Beach City Council Minutes February 26, 2002 report. 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 N. CURRENT BUSINESS 15. REVIEW OF THE PLANNING COMMISSION DECISION ON THE VAN CLEVE APPEAL (PA 2002 -002). Mayor Pro Tem Bromberg noted that the parties involved are discussing the matter and have agreed to have it continued. Motion by Mayor Pro Tem. Bromberg to continue the item to April 9, 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 16. AWARD OF NEWPORT COAST RESIDENTIAL REFUSE COLLECTION CONTRACT AGREEMENT (contd. from 2112/02). General Services Director Niederhaus stated that the staff report includes several clarifications and that the contract pertains only to Newport Coast refuse collection for single - family dwellings. Additionally, he stated that Assistant City Attorney Clauson's analysis of Ms. Otting s submission to the City Council is included with the staff report. Council Member Heffernan asked if California Code requires the City to extend a minimum term to the existing trash hauler in an annexed area. Assistant City Attorney Clauson stated it was confirmed that the remaining term of the contract with the County was 5 -Ya years and the City is entering into a five -year contract. She noted that California Code requires five years or the remainder of the contract, whichever is less. General Service Director Niederhaus noted that "at no additional charge" is being deleted from Item 3 of Exhibit A, Refuse Contract Services. INDEX Mayor Ridgeway confirmed with General Services Director Niederhaus that the trash pick -up in the Newport Coast area is automated collection. Mayor Ridgeway additionally asked what the intent for service would be Volume 55 - Page 23 PA 2002 -002 Van Cleve Appeal/ 213 Coral Avenue (68) C -3513 Newport Coast Residential Refuse Collection (38) City of Newport Beach City Council Minutes February 26, 2002 lR113 when the dve -year contract expires. General Services Director Niederhaus stated that the City intends to receive competitive bids for the service. Referring to Paragraph 11 of the contract, Increase or Decrease in Scope of Work, Mayor Pro Tem Bromberg asked for an example of what would trigger additional services being needed. General Services Director Niederhaus stated that it is standard verbiage in all maintenance contracts and allows the City to add services that are out of the ordinary. Additionally, Mayor Pro Tem Bromberg asked how Waste Management handles recycling. General Services Director Niederhaus stated that part of the refuse is disposed of and another part consists of the recyclables that have been separated by the residents. General Services Director Niederhaus added that staff is studying the recycling surcharge. Council Member Heffernan asked for an explanation of what was included in the Newport Coast agreement with reference to refuse service. City Manager Bludau stated that only single- family residential units receive their refuse services for free. Council Member Heffernan confirmed that this is the same as the service provided to the rest of the City. Assistant City Attorney Clauson noted that the deletion of the language from Refuse Contract Services, as noted earlier by General Services Director Niederhaus, was done to remove redundancy since the monthly payment already includes the services. Dolores Otting stated that Waste Management was given a five -year notice on December 19, 2001, which wasn't necessary. She suggested that the competitive bidding process begin one year prior to the expiration of the contract. Ms. Otting asked for an estimate of the property tax the City would be receiving from Newport Coast, an estimate of the build -out of homes that will be receiving curbside refuse service and an estimate of the cost to provide Newport Coast the service for the next five years. She provided her own estimate of $884,000 per year. Ms. Otting noted that the residents of Bonita Canyon pay for their refuse service, and were also annexed after Measure Q was passed. She additionally asked about the recycling fees, why there are three different trash service scenarios in the City and if it is legal. Mayor Ridgeway requested that the City Manager's office respond to the inquiries in Ms. Otting's letter. Council Member Adams pointed out that public sessions were held when the fiscal analysis of Newport Coast was discussed and that the City was aware of the fiscal impacts of providing the refuse service. Mayor Pro Tem Bromberg asked if the residents of Bonita Canyon pay for their refuse service. General Services Director Niederhaus stated that they do. He added that some areas in the City pay for their own service because the City can't handle their bins or because an association has Volume 55 - Page 24 City of Newport Beach City Council Minutes February 26, 2002 INDEX chosen to select their own refuse company. He noted that the City has a list of seven to eight nonexclusive franchise waste haulers that can be used for either commercial or residential refuse service within the City. General Services Director Niederhaus stated that the City does not provide the refuse service in Bonita Canyon and no service was provided prior to annexation. Mayor Pro Tem Bromberg stated that it seems odd that some people pay for their refuse service and others do not. Council Member Adams stated that it was a part of the negotiations with Bonita Canyon and Newport Coast. Madeline Arakelian stated that Newport Beach is probably the only city in California that doesn't charge a franchise fee for a contract. She asked why the City didn't have the County continue to handle the refuse service in the Newport Coast area. She stated that it would have been beneficial to the City to allow the County to keep the contract and when it expired in five years, then decide what would be most beneficial to the City. Ms. Arakelian agreed that there are three different scenarios taking place in the City. In conclusion, she stated that she couldn't understand why the City would choose to pay Waste Management when no other city has done so in similar circumstances and when taxpayers' money could be better spent elsewhere. Assistant City Manager Yiff stated that the City is paying for curbside residential refuse service in the Newport Coast area, per the negotiated agreement. He noted that there was no one to negotiate with in Bonita Canyon. City Manager Bludau added that the contract is with the County, but that Newport Coast is now a part of Newport Beach. Council Member Adams additionally noted that the tax revenues from Newport Coast are now coming to Newport Beach, and that this is how the service is being paid. Assistant City Attorney Clausen stated that by having the nonexclusive franchise arrangement with the waste haulers, the City is unique and is why the additional five -year notice was given to Waste Management. Council Member Glover stated that most residents are satisfied with their refuse service. Motion by Council Member O'Neil to approve the contract agreement with Waste Management of Orange County, as amended, to provide residential refuse collection services in the Newport Coast area. Patrick Munoz, Newport Coast resident, stated that he is pleased with the annexation agreement that was negotiated with the City. He stated that he is at the current meeting representing Ware Disposal, and that he and his client had the opportunity to comment on the agreement. He acknowledged the City for its longstanding commitment to open competition in the trash industry as it allows an independent, local hauler, such as Ware Disposal, to compete successfully, Volume 55 - Page 25 City of Newport Beach City Council Minutes February 26, 2002 Council Member Glover noted that if Newport Beach were a new and planned community, the refuse service would be handled consistently. She stated that many people appreciate the differences in the City, even if it does mean that there are some inconsistencies. Council Member Heffernan asked Mr. Munoz if his client is in agreement that the City is obligated to enter into a five -year contract with Waste Management. Mr. Munoz stated that the City is obligated to honor any continuation rights that Waste Management may have under the Public Resources Code. He added that his client has never indicated to him that she believes she has the right to bid on the single - family curbside pick -up in Newport Coast. Mr. Munoz pointed out that it would be an entirely different conversation if it dealt with multi - family housing or commercial services. Mayor Ridgeway stated that he and Council Member O'Neil were on the negotiating committee. In terms of the financial analysis, he stated that there is expected to be a $3 million general fund increase above all service costs after the first year. 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 17. GENERAL PLAN ADVISORY (GPAC). City Manager Bludau stated that Assistant City Manager Wood and the City Clerk have suggestions for handling the appointment process. Assistant City Manager Wood stated that prior to making the appointments, she wanted to clarify some of the roles of the general plan committees. She stated that the tasks of the General Plan Update Committee (GPUC) were to design a preliminary community outreach program, conduct the program, make a recommendation on the scale and scope of the general plan update and identify resources necessary to accomplish the update. The GPUC members felt that they were a steering committee to get the process started and suggested that a citizen -based advisory committee be established, which resulted in the General Plan Advisory Committee (GPAC). Assistant City Manager Wood stated that the tasks of GPAC are to review input received from the community outreach program, to review information provided in technical studies, to review and make recommendations on the Vision and Strategic Directions Report, and to review and make recommendations on draft general plan policies. Assistant City Manager Wood referred to the matrix, provided in the supplemental staff report, which showed the GPUC recommendations for Volume 55 - Page 26 Q113 s1:� General Plan Advisory Committee (24) City of Newport Beach City Council Minutes February 26, 2002 INDEX the GPAC members. She stated that GPUC accepted the three nominations of the business community for the business representatives and the three nominations of the environmental community for the environmental representatives. All six names were shown in the matrix. Assistant City Manager Wood stated that GPUC decided on ten issue areas and made recommendations for each. She noted that for all but two of the areas, GPUC made a recommendation on the representative. For harbor issues and older commercial areas issues, GPUC couldn't make a final decision and recommended two members for each, leaving the final decision to the City Council. Assistant City Manager Wood noted that there were a total of 252 applications for the 37 vacancies. In the last column of the matrix, the GPUC recommendations for the at- large representatives were given by district. Each district contained more than the three representatives sought per district. Assistant City Manager Wood suggested that each council member propose three members for their individual district. She stated that City Clerk Harkless prepared a ballot that could be used for this purpose, as well as to select the members for the two issue areas mentioned earlier. Council Member Adams, GPUC Chairman, stated that GPUC used a similar matrix, only it was wall sized, for making their recommendations. He stated that after each GPUC member made their own independent recommendations, staff prepared colored cards, coded by age group, for each of the 252 applications and put a checkmark on the appropriate card for each recommendation. Council Member Adams stated that the checkmarks and open discussion were helpful in shortening the list. He stated that every effort was made to make the selection process as fair as possible, and that members of the public in attendance at the meetings were also invited to make comments. Council Member Adams suggested that at the current meeting after each council member has chosen their three at -large representatives, that the other council members have the opportunity to voice any concerns regarding the selections, as well as the recommendations by GPUC. He stated that the appointments should not be political. Council Member Heffernan confirmed with Council Member Adams that the council members could make their selections from any of the 252 applicants. Additionally, Council Member Heffernan suggested that District 7 be allowed to have four at -large representatives due to the increase in the district's population resulting from the recent redistricting. Council Member Adams stated that although any of the applicants could be chosen, some respect should be given to the GPUC recommendations. He noted that quite a bit of time and effort was put into the selections. Motion by Council Member O'Neil to accept the recommendations of GPUC as follows: Business Representatives — Roger Alford, Ron Yeo and Philip Volume 55 - Page 27 City of Newport Beach City Council Minutes February 26, 2002 INDEX Bettencourt. Environmental Representatives — Louise Greeley, Jan Vandersloot and Nancy Gardner. Issue Areas — Larry Root (Airport Issues), David Janes (Waterfront Residential Impacts), John Saunders (Airport Area Land Uses), Florence Felton (Residential Density), Don Webb (Circulation), Evelyn Hart (Parking), Dorothy Beek (Environmental Quality) and Jennifer Wesoloski (Culture & Arts). Mayor Ridgeway referenced a letter received earlier in the day from Philip Arst, spokesperson for the Greenlight Steering Committee. Mayor Ridgeway stated that he would look at the five -page letter closer and prepare a response, but noted that the letter objected to the process for selecting the GPAC members and the lack of Greenlight supporters among the recommendations. Mayor Ridgeway stated that he had no idea who voted in favor of Greenlight and who didn't. Secondly, Mayor Ridgeway referenced the staff report and GPUC's enforcement of Council Policy A -2 regarding multiple committee assignments. Mayor Ridgeway stated that he disagreed with GPUC and felt that advisory committees were of a short enough term that it was unfair to have an appointee resign from a standing committee to serve on an advisory committee, such as GPAC. Council Member Adams stated that he understood Mayor Ridgeway's opinion, but noted that GPUC decided to adhere to council policy and it would be unfair to change it at this point. Mayor Pro Tem Bromberg agreed with both Mayor Ridgeway and Council Member Adams. He asked Assistant City Manager Wood how many meetings GPAC is expected to hold. Assistant City Manager Wood stated that the committee will begin by meeting six times over a five -month period to complete the visioning process, and would additionally meet to review draft general plan policies. She guessed that the committee would exist for two to three years. Council Member Adams stated that the committee will have enough work and responsibility to keep the members busy. He stated that the premise of Council Policy A -2 was to have as many people as possible participate in local government. Mayor Ridgeway stated that it is sometimes difficult to fill all positions on some committees. He also noted that the council members can still select from any of the 252 applicants. Council Member Proctor stated that he had someone he'd like to appoint who also serves on another committee. Council Member O'Neil amended his motion to include the waiving of Council Policy A -2, Boards and Commission Appointments, regarding the Volume 55 - Page 28 City of Newport Beach City Council Minutes February 26, 2002 "NAAY appointments to GPAC, pertaining to serving on more than one committee. Council Member Glover asked if any names could be added to the Older Commercial Areas list. Council Member Adams stated that the representatives recommended for each of the issue areas were chosen for that reason, but that they wouldn't necessarily represent that issue on the committee. He stated that additional names could certainly be added to any of the categories. Council Member Glover stated that she had not been lobbied for any of the positions. Adding to what Council Member Adams stated, City Manager Bludau noted that many of the recommended representatives indicated several issue areas on their applications. Philip Arst, spokesperson for the Greenlight Steering Committee, apologized that his letter didn't reach the City Council sooner. He explained that the letter had to be circulated among the members of the volunteer residents committee for approval. Mr. Arst stated that the voters in the City have twice sent the message that they want traffic contained and any growth to be beneficial. He stated that Greenlight shares the City's goal of developing a comprehensive update to the general plan, but that acceptance by the community can only be gained if the desires of the voters are met. He stated that a pro - development bias has already occurred, and that there are only two acknowledged Greenlight supporters on the eleven - member GPUC. Mr. Arst stated that the selection process for GPAC began with a biased application form that practiced age discrimination instead of qualifications, and resulted in a list of recommendations that is not representative of the voting public. Council Member Glover noted that how a person votes is not known and regardless of what someone says, it's not necessarily how they voted. Mr. Arst noted the building industry representatives, developers and architects on the list of recommendations. He additionally noted the nominees that aren't registered voters, or are current or former paid government employees or elected officials. He summarized his comments by saying that the list of recommendations is not representative of the 63% of the voters who supported Greenlight. Mr. Arst stated his understanding that traffic is not the only issue in the City. Mr. Arst suggested that the process for updating the general plan be defined, and that the updated general plan be as specific as the current one. Mr. Arst recommended that more Greenlight supporters be included in the process and on the committees, to more closely reflect representative government. Council Member Adams stated that the City Council is not a pro- Volume 55 - Page 29 City of Newport Beach City Council Minutes February 26, 2002 development majority. He specifically stated that characterizing himself as pro - development, when he has all along agreed with the premise of Greenlight, is inappropriate and unfair. Council Member Adams stated that GPUC's intent and outcome has produced a fair list of recommendations. Council Member Adams stated that he couldn't understand Mr. Arst's complaint that there has been age discrimination, noting that Mr. Arst seems to argue both sides of the issue. Additionally, Council Member Adams stated that people with land planning degrees aren't necessarily pro - development, and that many of the applicants talked about their concern for traffic and density in their applications. Council Member Adams stated that he attempted to solicit comments from Mr. Arst during the selection process and feels that he bent over backwards to accommodate everyone, particularly supporters of Greenlight because of the 63% vote in November of 2000. Mr. Arst stated that he couldn't present his viewpoints during the process because it took him time to review the applications and he then had to have his letter reviewed by the Greenlight committee. He stated that the results have proven his point, however. Council Member Adams stated that everyone should read the statements made in the applications by the people that were recommended. Mr. Arst stated that expressing concern for traffic and density doesn't necessarily indicate to what level. Mr. Arst stated that the application should have asked the applicant if they were Greenlight supporters. Council Member Adams stated that many people didn't support Greenlight, not because they liked development unchecked or because they wanted to add traffic to the City's streets, but because it wasn't consistent with representative government. Mayor Pro Tem Bromberg stated that he felt that the selection process was well done and that he didn't see it as being biased. He stated that the age of the applicants is very significant and relevant, since GPAC is planning the future of the City. Additionally, Mayor Pro Tern Bromberg noted that the issues that came out of the visioning process didn't all relate to Greenlight issues or traffic. He also noted that judging a person by just their occupation is unfair, since a person can be for or against development regardless of their occupation. Mayor Pro Tern Bromberg stated that the process isn't flawed and should be given a chance. He noted how well the Environmental Quality Affairs Citizens Advisory Committee (EQAC) has worked, with a diverse group of people involved in healthy discussions. Council Member Adams asked Mr. Arst to review his personal list of recommendations, noting that Mr. Arst would probably approve of the majority of them. Council Member Adams stated that GPUC nominated nearly every prominent Greenlight supporter. He added that it is possible that 63% of the people on the list of recommendations are Greenlight supporters. Mr. Arst stated that he does understand that there are other issues besides Greenlight and traffic, but how one approaches the issues is important. Tom Hyans, Greenlight supporter, stated that Mr. Arst has his belief regarding the selection process and GPUC's recommendations, and he Volume 55 - Page 30 City of Newport Beach City Council Minutes February 26, 2002 INDEX should be listened to and not demeaned. Mr. Hyans stated that he supported Greenlight because he didn't like the way things were going with a develop- oriented City Council. Dolores Otting agreed with Council Member Adams in regards to the council policy which states that a person can only be on one committee, and that the policy should be adhered to. She additionally agreed that GPUC's recommendations should be used, and noted that anyone can attend the GPAC meetings and participate. Phillip Lugar also agreed with Council Member Adams' support of the council policy that states that a person can only serve on one committee. Amended motion by Council Member O'Neil to waive Council Policy A -2, Boards and Commission Appointments, regarding the appointments to GPAC, which pertains to serving on more than one committee. Council Member Glover confirmed that GPUC discounted at least one applicant due to the belief that Council Policy A -2 should not be waived for the GPAC appointments. Mayor Ridgeway noted, however, that all applicants could still be considered. The amended motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Proctor, Mayor Ridgeway Noes: Adams Abstain: None Absent: None The original motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None Council Member Adams summarized the procedure to follow by stating that each council member needs to vote on the ballots provided by the City Clerk for the two remaining issue areas and their at -large representatives. He suggested that the City Clerk read the votes and then the council members be given an opportunity to voice their opinions regarding the at -large representatives chosen. Motion by Council Member Adams to add an additional at -large representative to District 7. Council Member Glover stated that her district should also have a fourth member because her district voted more heavily for Greenlight than any Volume 55 - Page 31 City of Newport Beach City Council Minutes February 26, 2002 district. INDEX 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 City Clerk Harkless announced the votes as follows Harbor Issues — John Corrough (O'Neil, Proctor, Bromberg, Adams, Mayor Ridgeway, Glover) and James Kerrigan (no votes received). Older Commercial Areas — Joseph Gleason, Jr. (Adams, Bromberg, O'Neil) and Marie Marston (Mayor Ridgeway, Proctor). District 1 at -large representatives — Julie Delaney, Tom Hyans and Brett Shaves. District 2 at -large representatives — Karlene Bradley, Mike Johnson and Alan Silcock. District 3 at -large representatives — Marian Bergeson, Todd Knipp, Mike Ishikawa and Don Krotee. Due to lack of support for having four at -large representatives from District 3, Council Member Glover removed Don Krotee from her list of recommendations. District 4 at -large representatives — Carol Boice, Carl Ossipofff and Jackie Sukiasian. District 5 at -large representatives — Heather Johnston - Reynolds, Ed Siebel and Phil Lugar. District 6 at -large representatives — Seth Darling, Laura Dietz and George Jeffries. District 7 at -large representatives — Robert Shelton, Bob Hendrickson, Catherine O'Hara and Yvonne Houssels. Motion by Mayor Ridgeway to ratify the following appointments: Issues Areas — John Corrough (Harbor Issues) and Joseph Gleason, Jr. (Older Commercial Areas). District 1 at -large representatives — Julie Delaney, Tom Hyans and Brett Shaves. Volume 55 - Page 32 City of Newport Beach City Council Minutes February 26, 2002 INDEX District 2 at -large representatives — Karlene Bradley, Mike Johnson and Alan Silcock. District 3 at -large representatives — Marian Bergeson, Todd Knipp and Mike Ishikawa. District 4 at -large representatives — Carol Boice, Carl Ossipofff and Jackie Sukiasian. District 5 at -large representatives — Heather Johnston- Reynolds, Ed Siebel and Phil Lugar. District 6 at -large representatives — Seth Darling, Laura Dietz and George Jeffries. District 7 at -large representatives — Robert Shelton, Bob Hendrickson, Catherine O'Hara and Yvonne Houssels. Council Member Heffernan confirmed with Council Member Adams that he believed strongly in his three recommended representatives. 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 Mayor Ridgeway suggested that Marian Bergeson be appointed as the Chairman of GPAC due to her experience in local government. Council Member Heffernan stated his concern for her being so well known in the community and possibly stifling input. Council Member Adams additionally noted that she was an outspoken Greenlight critic. Responding to a suggestion that the committee decide, Assistant City Manager Wood stated that it would take too long for the committee to make the appointment since they don't know one another. Council Member Heffernan suggested that Tom Hyans be appointed as Chairman. Mayor Pro Tern Bromberg suggested that Laura Dietz be appointed. Mayor Ridgeway suggested that each council member submit a recommendation to the City Clerk and he'll make the appointment at the City Council meeting of March 12, 2002. Volume 55 - Page 33 City of Newport Beach City Council Minutes February 26, 2002 Council Member Adams suggested that the City Manager chair the first meeting. Assistant City Manager Wood stated that the first meeting of GPAC is expected to be held on March 11, 2002. Mayor Ridgeway stated that he would choose a neutral person who can be fair to both sides. City Clerk Harkless stated that a new Boards, Commissions and Committees roster would be distributed the following day. Mayor Ridgeway stated that a vice chair should also be chosen. He suggested that anyone with a recommendation submit it to the City Clerk. O. MOTION FOR RECONSIDERATION — None. P. ADJOURNMENT —10:30 p.m. in the memory of Chuck Jones. The agenda for the Regular Meeting was posted on February 20, 2002, at 3:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Y, ��. /�"W'O" City Clerk 0 t-etl\ Recording Secre y Mayor r Volume 55 - Page 34 .7