Loading...
HomeMy WebLinkAbout10/08/2002 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 8, 2002 - 7:00 p.m. STUDY SESSION — Cancelled. CLOSED SESSION — 6:00 p.m. wwwwwwaxxaaxwwaxxww A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Absent: Glover (excused) C. CLOSED SESSION REPORT — None. D. PLEDGE OF ALLEGIANCE — Girl Scout and Brownie Troops. E. INVOCATION — The Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal Parish Church. F. PRESENTATION Proclamation recognizing October 17 — 20, 2002 as the 49th National Convention of Girls Scouts of the USA. The Girl Scouts and Brownies presented Council with canned nuts which are part of their fall fundraising product. 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): Mayor Pro Tern Bromberg reported that he and Council Members Heffernan and Adams held interviews for the two vacancies on the City Arts Commission. He announced that the four applicants they will be recommending as nominees are Wendy Brooks, Dennis Baker, Kirwan Rockefeller, and Ellen Liefer. Mayor Pro Tern Bromberg reported that he met with the new Newport Dunes leaseholders. He stated that one of the companies will take care of the water and the other will take care of the land. He indicated that they have no intention of building a hotel since they feel they have a turnkey operation. He announced that the Dunes will have fireworks next year and will probably need financial assistance from the City. He stated that they are community - minded. Volume 55 - Page 417 iii I i :3 Girl Scouts (33) City of Newport Beach City Council Minutes October 8, 2002 INDEX Mayor Pro Tern Bromberg displayed a photo of the Fireman's Grill. He announced that the grill costs $12,000 and all funds are being raised privately. He stated that $9,000 has been raised and that people can call 729.4400 to make a donation. He noted that any community association can request the grill, they will bring it to them, and firemen will also participate. Council Member O'Neil stated that the City has three landmark theaters (Balboa Theater, Lido Theater, and Port Theater) which were constructed before 1950 and the adoption of the building and zoning codes. He indicated that each theater is non - conforming and that the current zoning code makes it difficult for the theater owners to compete. He requested that the City Attorney and the Planning Director prepare amendments to the zoning code that would allow these facilities to continue to provide entertainment to the community in an economic fashion and have flexibility for complimentary uses, such as food service. He stated that the amendments should also require that any modification of use maintains or reduces the amount of code - required parking compared to the current theater use. Mayor Ridgeway suggested that the amendment include a "landmark theater" definition. Council Member Heffernan requested a report on why staff did not realize the height discrepancy of the Latter Day Saints (LDS) Stake Center and a summary of statements that were made by the applicant to staff regarding the height. He noted that the call -up period ends October 17. Council Member O'Neil received confirmation from City Attorney Burnham that the appeal would be a hearing de novo in which Council can hear all the issues. Council Member Heffernan requested that an item be placed on the next study session agenda regarding a proposed Newport Beach conflict of interest ordinance that would apply to lobbyists, campaign consultants, etc. to deal with elected official's and appointed member's potential conflicts of interests, declaring them, and abstaining from City business. He indicated that Los Angeles is considering this and that he will provide staff with a summary and the proposed ordinance. Council Member Adams reported that, on Saturday, he was the City's delegate at the General Assembly of the League of California Cities Conference in Long Beach and voted on behalf of the City as recommended by the local league. He indicated that he has a summary of the general resolutions which provides a detail of the recommended policies and that he will provide them to staff to distribute to Council and make available for the public. Mayor Ridgeway announced that there will be two General Plan Update Visioning Summits on November 16 at 10:00 a.m. and 1:00 p.m. at the Oasis Senior Center. He stated that this is an excellent opportunity to hear what the community has already said about what it wants for the future and for the public to provide information on issues where a clear direction has not emerged. He stated that people can call 644 -3200 for more information. Volume 55 - Page 418 City of Newport Beach City Council Minutes October 8, 2002 Mayor Ridgeway announced that Kim Scherer of Southern California Edison informed the City that, due to heavy fog expected tonight, Edison crews will be pressure washing the porcelain insulators along the power lines on the Peninsula all night. Mayor Ridgeway reported that, yesterday morning, he greeted four students, a teacher, and Principal Sawa from the Okazaki Minami Junior High School. He displayed the gift they gave the City of a 16th century shogun tea house. I. CONSENT CALENDAR READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. Removed at the request of an audience member. 2. Removed at the request of an audience member. ORDINANCE FOR ADOPTION 3. ORDINANCE RELATING TO WIRELESS TELECOM- MUNICATIONS; ADOPTION OF COUNCIL POLICY 1-23 RELATING TO THE SITING OF WIRELESS TELECOMMUNICATIONS FACILITIES ON CITY -OWNED LAND. Adopt Ordinance No 2002 -24. RESOLUTIONS FOR ADOPTION 4. INSTALLATION OF A STOP SIGN ON PORT SEABOURNE WAY AT NEWPORT HILLS DRIVE EAST. Adopt Resolution No. 2002 -64 requiring all traffic on Port Seabourne Way to stop at Newport Hills Drive East. 5. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO TIM GREENLEAF ENGINEERING. 1) Adopt a Resolution of Intention (Resolution No. 2002 -65) to award a Non - Exclusive Solid Waste Franchise to Tim Greenleaf Engineering, and to set the public hearing for October 22, 2002; and 2) introduce Ordinance No. 2002 -25 granting a Non - Exclusive Solid Waste Franchise to Tim Greenleaf Engineering and pass to second reading on October 22, 2002 6. INVOLUNTARY TERMINATION OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE WITH OCEAN WASTE AND RECYCLING, LLC. Adopt a Resolution of Intention (Resolution No. 2002 -66) to terminate the Non - Exclusive Solid Waste Franchise with Ocean Waste and Recycling, LLC, and setting a public hearing on the matter for October 22, 2002. CONTRACTS AND AGREEMENTS 7. Removed at the request of an audience member. 8. Removed at the request of an audience member. Volume 55 - Page 419 INDEX Ord 2002 -24 Wireless Telecommunications Facilities (89) Res 2002 -64 Stop Sign/ Port Seabourne (85) Res 2002 -65 Ord 2002 -25 Non - Exclusive Solid Waste Collection Franchise (42) Res 2002 -66 Termination of Non - Exclusive Solid Waste Collection Franchise (42) City of Newport Beach City Council Minutes October 8, 2002 9. Removed at the request of an audience member. 10. APPROVAL OF SUBDIVISION AGREEMENT FOR CANNERY LOFTS DEVELOPMENT — 30TH STREET BETWEEN VILLA WAY AND LAFAYETTE AVENUE. Approve an Agreement guaranteeing completion of the public improvements required with Use Permit No. 2001.022 and authorize the Mayor and the City Clerk to execute the Agreement. [Council Member Heffernan abstained from voting on this item.] 11. JAMBOREE ROAD MEDIAN IMPROVEMENT (C- 3459). 1) Authorize the Public Works Director to approve Change Order No. 3 in the amount of $61,529.84 providing for the removal of unsuitable materials from the medians and also approve Change Order No. 4 in the amount of $39,000 for provision and installation of suitable soil materials into the medians; and 2) approve a budget amendment (BA -017) transferring $100,530 from the unappropriated balance of the Circulation and Transportation Fund to Account No. 7261- C5100580. 12. Removed at the request of an audience member. 13. BUCK GULLY SEWER BY -PASS /SIPHON ABANDONMENT — AWARD OF CONTRACT (C- 3566). 1) Approve the plans and specifications; 2) award the contract (C -3566) to Albert W. Davies for the total bid price of $87,810 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $8,700 to cover the cost of unforeseen work; and 4) authorize a budget amendment (BA -018) appropriating $96,510 from the unappropriated Wastewater Fund Balance to Account No. 7531- C5600292. MISCELLANEOUS ACTIONS 14. MAYOR'S APPOINTMENTS TO THE JULY 4TH WEST NEWPORT SAFETY PLANNING COMMITTEE. Confirm the Mayor's appointment of Paul Watkins, Margie Dorney and Alan Silcock to represent the West Newport Beach Association, and Craig Batley and Mary Bryant as resident members on the July 4th West Newport Safety Planning Committee, whose expertise would benefit the committee. 15. Removed at the request of Council Member Heffernan. 16. Removed at the request of Council Member Heffernan. Motion by Mayor Pro Tem Brombere to approve the Consent Calendar, except for those items removed (1, 2, 7, 8, 9, 12, 15 and 16), and noting the abstention on Item No. 10. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover Volume 55 - Page 420 INDEX C -3574 Use Permit 2001.022 Subdivision Agreement for Public Improvements (38) C -3459 BA -017 Jamboree Road Median Improvement (38/40) C -3566 BA -018 Buck Gully Sewer By -Pass/ Siphon Abandonment (38/40) July 4'h West Newport Safety Planning Committee (24) City of Newport Beach City Council Minutes October 8, 2002 J. 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF SEPTEMBER 24, 2002. Jim Hildreth, The Grand Canal, referenced page 409 and stated that his comments have been omitted regarding Harbor Commission meetings and requested that they be put in. Regarding page 412, he indicated that he has shown evidence to Council that the documents he has been requesting are supposed to be maintained by the City and should be there. Motion by Council Member O'Neil to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover 2. READING OF ORDINANCES AND RESOLUTIONS. Jim Hildreth believed that people do not know what is going on or what is being discussed if only an agenda number is called. He believed that the ordinances should be read on record so people know what is going on. Dolores Otting stated that, in the past, when an item was pulled from the agenda, it was explained for the viewing public and people in the audience who do not have an agenda or do not know how to read it. Motion by Mayor Pro Tern Brombere to waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. Council Member Adams stated that he reads the titles when he pulls items and believed that this is a good idea. However, he clarified that this item waives the requirement to read all of the ordinances in full versus just reading the title. He emphasized that this item that occurs on every consent calendar is not intended to keep things from people, but simply a motion to suspend the reading of all ordinance text that can be several pages long. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover 7. TEMPORARY EMPLOYMENT AGREEMENT WITH DICK HOFFSTADT. Jim Hildreth, The Grand Canal, believed that Dick Hoffstadt was an Volume 55 - Page 421 C -3573 Temporary Employment (38) City of Newport Beach City Council Minutes October 8, 2002 instigator for undergrounding utilities in the Balboa Island District, particularly Zone 5, and reported that he is going to be on temporary employment since he is no longer employed with the City. He believed that paperwork from his office said he was going to underground the utility poles one street at a time, but pointed out that utility pole no. 404823 is going to remain. He hoped that, upon his temporary employment, Mr. Hoffstadt will not hide or clear out public records. He believed that the reason for undergrounding utilites is to fill the City's coffer. He stated that he hopes the City upholds the 1971 agreement that states that the Balboa Island area cannot support taller homes. City Attorney Burnham noted that Mr. Hildreth was discussing things off the subject. Mr. Hildreth expressed hope that Mr. Hoffstadt's paperwork will be checked and that his office will be audited before he goes away. In response to Madelene Arakelian's question, Mayor Ridgeway indicated that Mr. Hoffstadt has retired. Ms. Arakelian stated that this happened with a manager at Integrated Waste Management and believed that there may be a conflict of interest. She asked how a former employee can come back and get a contract without having some kind of conflict of interest. Mayor Ridgeway asked if the City has a policy, noting that elected officials cannot have a contract for one year after their cycle. Mr. Burnham noted that there is a policy (F -20), temporary employment requires Council approval, and this is why the item is on the agenda tonight. Council Member Adams noted that this is a stop gap until the City fills the permanent position. He stated that the City needs to retain someone to do this work or else it does not get done, and the logical person to retain is the one that has been doing it. Mr. Burnham reported that Mr. Hoffstadt has no conflict of interest. Motion by Mayor Pro Tern Brombere to 1) approve a temporary employment agreement with Dick Hoffstadt in the amount of $42,660 and authorize the City Manager to execute the Agreement; and 2) approve the transfer of $42,660 from 5200 -7000 (Salaries — Misc.) to Account No. 5200 -7020 (Part -time Salaries). The motion carried by the following roll call vote: Ayes: ' Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover 8. PENINSULA POINT WATER MAIN REPLACEMENT, PHASE I — AWARD OF CONTRACT (C- 3462). Jim Hildreth, The Grand Canal, stated that this is along the alley between the Pacific Ocean and Ocean Boulevard. He indicated that the issue of the sewage system deteriorating has been brought up before and believed that this should be looked at while the company is down there to see if it needs to be replaced. Volume 55 - Page 422 INDEX C -3462 Peninsula Point Water Main Replacement (38) City of Newport Beach City Council Minutes October 8, 2002 motion by Mayor Fro Tem Bromberg to 1) approve the plans and specifications; 2) award the contract (C -3462) to P &J Utility Company for the total bid price of $390,570 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $39,000 to cover the cost of unforeseen work. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover 9. FUEL SYSTEM UPGRADES — AWARD OF CONTRACT (C- 3547). Jim Hildreth stated that the upgrades are for City Hall, the corporate yard, police department, and fire station. He noted that the City has oil derricks and indicated that he was surprised that the fuel system upgrades do not include the derricks. Motion by Mayor Pro Tom Brombere to 1) approve the plans and specifications; 2) award the contract (C -3547) to Tafoya & Associates, Inc. for the total bid amount of $57,321 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $10,000 to cover the cost of unforeseen work. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover 12. PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR BALBOA VILLAGE PHASE 2 IMPROVEMENTS (C -3527) AND OTHER CAPITAL IMPROVEMENT PROJECTS. Dolores Otting stated that she does not understand the item. She noted that the City did not go out to bid because it is for professional services. She added that normally there is a 10% override for any changes and asked what type of override Harris & Associates has. Council Member Adams recused himself since his company has a contract with Harris & Associates as a subconsultant. Public Works Director Badum stated that the City routinely handles its own construction projects; however, this project is time intensive due to the proximity of all the businesses, the close quarters, the issues with high use, and since Balboa Boulevard and Downtown Balboa Village is the artery in and out of Peninsula Point. He added that they feel having an outside management firm present on a daily basis is important to minimize the impact to the general public and businesses in the area. He stated that this is a continuation of Phase 1, in which the City used the Volume 55 - Page 423 I I NI11 X1:1 C -3547 Fuel System Upgrades (38) C- 3527 -C Balboa Village Phase 2 Improvements — Construction Management Services (38) City of Newport Beach City Council Minutes October 8, 2002 INDEX same services. He agreed that these types of contracts are not bid out, but the City negotiates costs, adding that the costs are in conformance with the current market prices for that type of work. He clarified that the cost for management of this contract is $178,000 and that $79,000 is to assist the City with other projects in the vicinity so an inspector is utilized full - time since the Balboa Village project will not need one inspector at this location full -time. He stated that this will leverage the City's money for construction management. Marianne Zippi, 420 E. Bay, stated that the Balboa revitalization contract was awarded at the last meeting for $2,840,000, but it was not reduced to reflect that the City did the tree removal and that $25,000 was awarded in this management services contract. She added that construction management was supposed to be removed and negotiated, according to the August 27 contract. She believed that $500,000 is lost through that contract. She requested a motion for reconsideration be made by one of the Council Members who voted yes on this project so it can be looked at again to find out why some of the money was not removed from the contract before it was awarded. Mayor Ridgeway stated that Council does not entertain questions, but on occasion answers them. He indicated that he is satisfied that the awarding of the contract was within the guidelines given and pointed out that this is a separate professional contract to manage the project. Public Works Director Badum reported that the contract awarded at the last meeting was the full contract with the guarantee that staff would negotiate cost reduction measures so the City could afford to hire a management firm for the project. He stated that staff is in the process of doing this and has come to agreement with the contractor to reduce some of the items, i.e. material types, decorative aspects. City Manager Bludau reported that the original contract did not include tree removal or project management. Madelene Arakelian expressed the opinion that the City has an inordinate amount of staff compared to other cities and stated that she cannot believe it does not have someone to manage /oversee the project. Jim Hildreth, The Grand Canal, stated that the reason for the tree removal was that it was doing damage to sewer lines. He believed that the City will be repairing the streets before it repairs the sewer lines. Mr. Badum confirmed for Council Member O'Neil that the City's practice is to repair any infrastructure, like the sewer system, before the streets are paved. Mr. Bludau reported that Council approved a Capital Improvement Project (CIP) budget along with the other fund budgets starting January 1. He noted that the CIP budget is in excess of $30 million and that the City has three in -house inspectors that are responsible for the $30 million. He stated that Phase 2 will take about two months and that the City wants to have someone on site every day. He indicated that three people cannot do it all and, for the major projects, staff comes to Council for management assistance. Volume 55 - Page 424 City of Newport Beach City Council Minutes October S, 2002 Motion by Mayor Pro Tern Brombere to approve a $257,000 Professional Services Agreement with Harris & Associates to provide construction management, inspection, and materials testing for the Balboa Village Phase 2 project ($178,000) and other Capital Improvement Projects ($79,000), and authorize the Mayor and the City Clerk to execute the Agreement. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Proctor, Mayor Ridgeway Noes: None Abstain: Adams Absent: Glover 15. BUDGET AMENDMENT APPROPRIATING ADDITIONAL FUNDS TO INCREASE SUMMER BEACH RESTROOM MAINTENANCE. Council Member Heffernan asked if the third party vendors are doing a good enough job to warrant the City paying them more money, or does the City need to revamp the third party vendor before more money is spent. City Manager Bludau indicated that substandard work is a problem the public sector has since it awards to the lowest bidder. He agreed that it is not the greatest work or as good as if City staff did it; however, this method is more economical. Council Member Heffernan asked if this should be bid out again and possibly spend more money, so the end result is achieved and this does not come back in another year with the same complaints. Mr. Bludau noted that, at the previous study session, General Services Director Niederhaus reviewed the frequency of cleaning and that this is really the problem. He stated that the $43,000 would give the City more cleaning frequency, especially on the weekend. Council Member Adams stated that continuing to retain the vendors was discussed at a previous study session. He asked, if the City will be augmenting the contract to increase the cleaning frequency, if it can work on a performance specification that raises the level of service. He asked if this can be done with this contract or if the City needs to wait until this goes out to bid again. Mr. Niederhaus stated that the substandard performance only related to the gentleman who cleaned the restrooms once on Saturday and Sunday. He indicated that this is the difficulty with the low bid; however, he feels they have addressed the quality. He believed that the City conducts quality control and will look at a third party. He stated that, since the coverage is increasing, and a third contractor cannot be brought in for spring, he felt that the competitive atmosphere and having staff keep an eye on the performance will be enough. Jim Hildreth, The Grand Canal, indicated that he does not see why a City employee cannot do this job and believed that it does not need to be hired out since there may be employees who would like to do it. He stated that this job could be a layover for someone who has a bad back. Council Member Adams reported that restroom cleaning was addressed in detail at the study session two weeks ago and that this staff report is a Volume 55 - Page 425 INDEX BA -019 Summer Beach Restroom Maintenance (40/44) City of Newport Beach City Council Minutes October 8, 2002 follow -up to that hearing. He noted that people say there are too many people on City staff, staff should be cut, and the City should contract out; however, when the City contracts out, people ask why the job cannot be done with staff. He stated that the case was made at the study session and that this was a good response. Motion by Council Member Adams to approve a General Fund budget amendment (BA -019) in the amount of $43,000 to fund additional contract maintenance services at City beach restroom facilities. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover 16. LOCAL COASTAL PROGRAM (LCP) CERTIFICATION BUDGET AMENDMENT. Council Member Heffernan stated that the City is required to submit the Local Coastal Plan (LCP) to the Coastal Commission by the deadline of June 30, 2003, and asked what the total budget was for this process. Assistant City Manager Wood stated that the $264,125 is the best estimate for this fiscal year; however, in the following fiscal year, they expect there may be additional costs involved with going through the Coastal Commission public hearings or responding to additional requests for information. City Manager Bludau reported that an LCP budget was not created until the City felt it had a good estimate. Council Member Heffernan reiterated that the total budget is unknown because it depends on how the Coastal Commission responds to the draft. Dolores Otting stated that she also wondered about the total cost. She requested more information about the LCP, what other cities have done and how much they spent, and how much money is in the general fund unappropriated reserve and what it is. She added that she was under the impression she could ask questions and get answers; however, lately, she has heard that people are not supposed to ask questions. City Attorney Burnham stated that there is legislation that requires the City to submit an LCP for certification by June 30, 2003, to the Coastal Commission. He indicated that other cities along the coast have certified LCPs; however, no city to his knowledge has gone through the certification process in the last five years, except for Malibu. He stated that this makes it difficult to compare costs, but Malibu's certification may be in the seven - figures. In response to Ms. Otting's comments, Council Member O'Neil noted that the meetings are held regularly, the agendas are published, and people are able to comment on agenda items. He noted that it is difficult to manage a meeting where there is a lot of exchange of questions and answers. He asked if there is a policy in which citizens can ask a question of a City official and get an answer. Mr. Bludau stated that a number of citizens get their questions answered on a daily basis by email or Volume 55 - Page 426 INDEX BA -016 LCP Certification (40/68) City of Newport Beach City Council Minutes October 8, 2002 INDEX telephone. He indicated that, when he receives questions, he sends them to department heads and he either provides the answer himself or is copied on the email or letter. Council Member Adams stated that, if possible, Council or staff should try to answer questions about agenda items. He indicated that the process should not be jeopardized to rush the meetings, adding that, if Council needs to meet more often to thoroughly cover issues, it should meet every week. Council Member O'Neil agreed; however, the meetings are set up for a certain purpose and are conducted in a certain way. He stated that there is a procedure for citizens to make inquiries of staff about items that are technical or outside the purview of what Council deals with (policy issues). He indicated that, if Council gets technical questions about City operational issues, it should be addressed to the City Manager. He noted that he has been using the system for 30 years and has found that it works very well. He believed that, since the meetings have been televised and people want to put Council on the spot, it is an abuse of the process. He reported that, when people call or email him, he passes it onto the appropriate staff member. Mayor Ridgeway agreed, adding that, while running a meeting, Council tries to keep things relevant and material. He indicated that, if a relevant question arises, he is sure the City will try to answer it. Mayor Pro Tern Bromberg noted that questions are not answered during public comments. He agreed with Council Member O'Neil and that the City does occasionally answer non - technical questions. He believed that people can contact staff for a lot of these answers. Jim Hildreth, The Grand Canal, believed that Council has said "fallen on deaf ears" and "a complete nuisance" in response to questions. He added that he believed that the Brown Act requires the public to be notified two weeks of anything that is being brought up. Council Member Proctor noted that the phone number and name of the author are on the staff reports so a person can contact them with questions. City Attorney Burnham clarified that the Brown Act does not require the distribution of material two weeks in advance of the meeting. He reported that it requires that material be distributed to the public when it is distributed to Council. Mayor Ridgeway announced sometimes staff reports are not complete so they receive them on Friday. Council Member Adams pointed out that staff reports are also available at City Hall and on the internet. Motion by Council Member O'Neil to authorize a budget amendment (BA -016) transferring $264,125 from General Fund unappropriated reserves to Account 2710 -8080. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover Volume 55 - Page 427 City of Newport Beach City Council Minutes October 8, 2002 INDEX Council Member Adams announced that, while he was in the back conference room when he recused himself for Item No. 15, the television was on and he noticed that the title of every item discussed was prominently displayed on the screen for those at home. K. PUBLIC COMMENTS Philip Bettencourt, 110 Newport Center Drive, stated that he is the Chairman of the Newport Beach Chamber of Commerce. He announced that they will be conducting a Fire and Marine Safety Beach Party on Thursday, October 10, at the Dunes and invited Council and members of the community to attend. For more information, people can visit www.newportbeach.com. Wendy Brooks, P.O. Box 8015, introduced herself and thanked Council for considering her application for the City Arts Commission vacancies. Dick Nichols, 519 Iris, discussed an accident two weeks ago on the south side of Iris and Coast Highway that involved a 22 year old man. He stated that the man was taken to a trauma center, but not Hoag Hospital. He added that the newspapers were never informed that this accident occurred and believed that the citizens need to know that there is a problem that needs addressing. He asked if the City has liability there, if the man is still alive, and why he was not taken to Hoag Hospital. Mayor Ridgeway asked that the City's traffic engineer evaluate that corner even though it is in CalTran's jurisdiction. Derek Lesson, 20342 Cypress Street, Santa Ana Heights, stated that the City feels it has to live with the 9.8 million annual passenger (MAP) load that Council agreed to, believing that it will not hold. He noted that nothing is included to improve the quality of life surrounding his community. He indicated that, requesting an audit of the Airport Working Group (AWG) sounds like the City is saying AWG is no longer valid. He noted that Long Beach was in litigation for 12 years and won 45 flights a day. He stated that the City should quiet down the airlines and aircrafts. Russell Niewiarowski, 20102 Kline Drive, Santa Ana Heights, requested that the lobby doors be soundproofed because it is annoying when they shut if you are sitting in the back. He encouraged everyone to vote in November. He stated that everyone talks about leadership and wanting change, but few people are willing to make it happen. He indicated that he got involved with the airport issue, asked questions, looked for solutions, and became a part of the solution. He stated that some Council Members have said that he and Charles Griffin are to blame if El Toro does not go through; however, he noted that the San Francisco International Airport has been approved for GPS landing and stated that the V -Plan was right all along. He pointed out that Irvine said they will not need any new taxes for the Great Park; however, they will need $140 million to build it. Mr. Niewiarowski suggested that Ms. Otting come up with a televised cable program a few nights before the meeting to keep people informed, but believed that this is the Public Information Officer's job. He indicated that people should vote for candidates that recognize that El Toro is not dead. Volume 55 - Page 428 City of Newport Beach City Council Minutes October 8, 2002 INDEX Mayor Ridgeway stated that agendas and everything that Mr. Niewiarowski asked for are on the internet; however, suggested that cable also televise the website address on meeting nights. Dolores Otting asked where the closed session agenda is for tonight's meeting, believing this is a violation of the Brown Act. She added that she cannot believe there is no report for the public after the closed sessions. She indicated that she sometimes cannot get on the website and believed it is not user - friendly. She reported that the Newport Coast Advisory Committee and the Civil Service Board meetings did not have agendas available for the public. She added that, after the last Planning Commission meeting, she requested a copy of the audio tapes, but was told that she could not get copies because the City does not have equipment that does this. She believed that the City needs equipment that allows the public to get the tapes so people can listen to them in their cars. Regarding asking staff for answers, she noted that she gets written up in the City newsletter and receives derogatory emails. City Attorney Burnham reported that his office prepared the closed session agenda; it was sent to the City Clerk, City Manager, and Council; was posted on the internet; and was given to his secretary to post on the bulletin board at about 3:30 p.m. on Friday. Council Member Adams stated that, pursuant to policy, Council convened in the Chambers at 6:00 p.m., the closed session agenda was read aloud, and then the meeting was adjourned to closed session. He emphasized that they limited discussion to the items that were on the agenda. Mayor Ridgeway stated there was no report because there was pending litigation. Council Member Heffernan suggested that, after closed sessions, someone says "there is no report because... ". City Clerk Harkless stated that the audio tapes from the Chamber equipment are taped at a different speed than what the car tape player uses. She indicated that they can provide tapes, but transcriber equipment is needed to listen to them. She added that her office does not have dubbing equipment, but the tapes can be dubbed from the Chamber equipment. She reported that people are allowed to come into her office to listen to the tapes. Madelene Arakelian indicated that she is a Council candidate and has spent about 20 years sitting in the back of the Chambers observing what goes on. She stated that she supports outsourcing and asked, after this is done, if the City goes back to the budget and puts back the dollars so it can be used for other issues. She indicated that she hopes that the public realizes that the only thing wrong with calling the City is that you do not often get a return phone call, noting that she is waiting for information from Human Resources. She asked that this be looked into. Jan Vandersloot, Balboa Arbor Society, asked that open and honest dialogue and spirit of cooperation and compromise be instituted in the City, and that citizens get answers when they ask questions. He noted that he asked the City Manager the day before the trees came down if he would tell him when this would happen, and he said he would not tell him. He stated that the promise to have a de novo hearing about the trees should have been kept, believing that the litigation and trouble could have Volume 55 - Page 429 City of Newport Beach City Council Minutes October 8, 2002 INDEX been avoided if it happened. He stated that there was a mediation process in which they agreed that they would accept the recommendation of the arborists, but believed that Council did not see the recommendation. He added that the City should follow its policies and ordinances, including the G -1 Policy and noise ordinance. He stated that there should be a tree maintenance policy which includes the maintenance of tree roots. He noted that government is a representative government and Council should look for a compromise that addresses all people. Mayor Ridgeway believed that most of Dr. Vandersloot's comments were adhered to throughout the process. He noted that, regarding the arborists evaluation, standards in which they would judge the trees were not set. He pointed out that he spent eight hours with Dr. Vandersloot on this issue and an additional two days on the phone. He expressed the opinion that it was a fair and good process, and that some of the comments tonight are constructive and can be looked at. Mr. Burnham believed that the Balboa Arbor Society attorney indicated in a letter that the mediation was conducted in good faith by both parties. He emphasized that there was a confidentiality agreement signed by all the parties involved in the mediation in which everyone agreed not to disclose the discussions in public that occurred in the mediation. Laura Dietz stated that, regarding the accident at Iris and Coast Highway, she would appreciate it if the City traffic engineer would look at whether there is feasibility in having some type of pedestrian overpass. Jim Hildreth, The Grand Canal, displayed a photo of the City - installed ladder that Public Works Director Badum, after six months of employment, indicated was unsafe and should be removed. He indicated that this was after Don Webb retired and stated that he does not know why Mr. Webb could not see that this was a danger to the general public and unsafe as a public access structure. He believed that this is a pier permitted structure as City documents have stated. He indicated that Harbor Resources Director Melum has records of this, but believed he is unwilling to acknowledge that it is a pier permitted location. He noted that the City said it would put in a structure for public use and displayed the structure that the City suggested to use. He stated that Mr. Webb and Council should have already known that the structure would be a detriment to the community, especially at a pier permitted location. He indicated that the City reverted this back to J.M. Hildreth and noted that the 1976 agreement is still in effect. He added that he still would like the paperwork that concerns this matter. Council Member Heffernan stated that he previously requested that Mr. Hildreth tell everyone what he wants, where it is located, and where he lives. He believed that, if he starts with this, the request for documents would be more relevant. John Nelson, 110 Via Lorca, stated that there are four candidates that have been endorsed by Greenlight to gain a majority on Council so they can implement a no- growth agenda. He believed that, if they succeed, there will be a far, reaching and negative affect on the City, and will negate the balanced approach that has been Council's philosophy for dealing with the needs of the resident and business communities. He Volume 55 - Page 430 City of Newport Beach City Council Minutes October 8, 2002 INDEX added that, if elected, they want to move the City away from a balanced community to a bedroom community. Further, he believed that the high level of City services will be in jeopardy, the candidates would place a wedge between the citizens, and make the City a less desirable place to live. He stated that the current Council listens to the residents. He believed that, when Greenlight does not get its way, they throw a temper tantrum and say Council is not listening. He disagreed with this and noted that Council contends with tree huggers, sideshows, and the individual who comes to every meeting to waste everyone's time. He urged the voters not to be swayed by Greenlight's false charges. Linda Grant, Fernando, noted that Gabe Green does not live in the City, but is brought by the Balboa Arbor Society to sing. She expressed hope that he can sing next week. She noted that there are two trees still standing on Main Street and believed that people who want the trees are the majority. She asked that the City think about saving the trees. She indicated that they did not sue the City just to sue the City, but wanted to change the way trees are cut down. He stated that they are trying to help keep the environment as green as possible and indicated that the big trees are the trees that suck up most of the pollution. She noted that when a big tree is cut down, a smaller tree is planted in its place. Lynn Miller stated that, at the a Balboa Peninsula Point Association meeting on April 23, 2002, the members and board voted 13 to 6 to keep the ficus trees. However, the final vote, after receiving call -in votes, was 20 to 25 against the trees. She added that a petition to keep the trees was signed by 124 residents, but was not counted. She stated that the City was notified of this, but believed it chose to ignore the facts or the will of the residents. She reported that only the board of directors of the Balboa Merchants and Owners Association voted on the tree issue; however, no one on the board rents or owns property on Main Street or anywhere else in the Village, with the exception of one person. She added that they also do not allow any property owners, businesses, or residents on Main Street to vote. She stated that the Central Newport Beach Community Association and the Newport West Association never voted on this issue. She noted that only 7 of the 21 stores on Main Street wanted the trees destroyed. Regarding the Parks, Beaches & Recreation Commission meeting on May 7, she indicated that the Commissioners who voted to keep the trees stated that the City was not following its policy. She also noted that only 5 of the 7 Council Members were present for Council's vote, and three voted against the trees and two voted to keep the trees. Mike Smith, Bayview Avenue, thanked the City for the recent letter regarding the annexation of East Santa Ana Heights. He stated that they are looking forward to the process being completed. He added his thanks for the City's one day turnaround on emails and phone calls on most occasions. He concluded by thanking Council for its patience for putting up with what comes across as cheap shots from the general audience. Imelda Fernandez, 310 Fernando, stated that she previously mentioned something about how some people do not like trees and some do. She recommended that those people donate trees to someone who likes them. She indicated that this will not cost the City anything. She asked if the City could give away the trees that they do not want. Volume 55 - Page 431 City of Newport Beach City Council Minutes October 8, 2002 INDEX Bud Grant stated that he and Linda Grant had a positive, productive, and amicable meeting with City Attorney Burnham and City Manager Bludau last week. He indicated that, at the end of the meeting, Mr. Bludau said he could live with the two trees since they will not affect the project. He noted that Council voted to take all the trees out, but asked if the City could keep the two trees. He stated that Mayor Pro Tern Bromberg told him that he cannot and will not take any action against the trees because they are not in his district and will not interfere with anything that is done in another district; however, he will not oppose it. He stated that the ball is in Mayor Ridgeway's court, noting that the district is divided and this is an opportunity to start the healing process. Mr. Bludau indicated that he said, at the end of the meeting with Mr. and Mrs. Grant, if it was Council's desire to keep the two trees and Phase 2 could go forward, he would respect Council's wishes. Mayor Pro Tem Bromberg indicated that he did speak with Mr. and Mrs. Grant, but he never said that he would never oppose anything another Council Member is doing in their district. He clarified that he acknowledged that he would not oppose it if Mayor Ridgeway determined that he wanted to keep the trees. Christine Carr, 2712 Cliff Drive, asked what will happen to the two trees and requested that the public be informed about it before something happens. Mayor Ridgeway stated that the City will give the public more than a one day notice before any action is taken on the trees. Marianne Zippi, 420 E. Bay, referenced the Balboa Village Improvement contract and noted that there is a portion in the contract that was awarded at the last Council meeting for 12 trees to be removed. Public Works Director Badum stated that there is a line item in the contract to remove and relocate palm trees and some miscellaneous plants. He confirmed that the ficus trees are not a part of this contract. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Heffernan stated that the Newport Coast Advisory Committee meets monthly and met last on October 1. He reported that the City started median maintenance on October 1. He stated that there is no agreement yet regarding slope maintenance, but they are working on who will be doing the maintenance in the common areas, the specifications, who will pay for it, and what the City's obligations are. He indicated that the City is concerned about liability and fairness to residents under the terms of the annexation agreement. He added that the Committee also discussed the signal at Sage Hill School and reported that this has been delayed because they could not get records from the County. He indicated that the lead time on signal poles is 20 weeks, the poles have been ordered, and installation/operation will occur around February 2003. He stated that he asked Sage Hill School to take interim steps until the signals are installed. Status report — Ad Hoc General Plan Update Committee (GPUC). Cancelled. Status report — Local Coastal Program Certification Committee. Volume 55 - Page 432 City of Newport Beach City Council Minutes October 8, 2002 Mayor Ridgeway announced that the committee will be meeting at City Hall on Friday, October 11 at 3:30 p.m. Assistant City Manager Wood reported that the Ad Hoc General Plan Advisory Committee (GPAC) met last night. She indicated that they received the draft Housing Element and she conducted a presentation on basic Housing Element Law. She stated that they discussed the beginnings of GPAC's report that will go to the Visioning Summit and indicated that the consultant prepared a matrix showing each of the questions that were asked and the responses. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 17. PLANNING COMMISSION AGENDA FOR OCTOBER 3, 2002. Assistant City Manager Wood stated that the first item was for a variance for a house on Larkspur Avenue in Corona del Mar. She indicated that this item was previously continued so more detail can be provided about a door in an open carport. She reported that the variance was for floor area and that the house was going to be less than 1,800 square feet. Ms. Wood stated that the Church of Latter Day Saints (LDS) Temple item was continued from the September 5 meeting. She noted that it was revealed a day or two before the meeting that the Stake Center steeple that staff thought was 86' was actually 68'. She indicated that Chairman Kiser had Dr. Murray, the citizen who conducted the measurement, speak about what he found; had staff talk about the source of its information; and had the applicant's representative talk about what they knew about the height of the steeple and how it entered into their designs. She indicated that staffs initial source of information was the approved building plans for the Stake Center which was constructed when Bonita Canyon was part of Irvine. She stated that the approved plans did show the steeple to be 86' and pointed out that there was no notation on the plan to indicate there had been any change approved in the field. She noted that they did not have the as -built plans. Council Member Heffernan asked if staff felt, at any time, that they were misled by any person representing or speaking on behalf of the applicant relative to the height of the existing Stake Center. Ms. Wood indicated that she was not the person involved in this case, did not sit in many of the meetings, or did not have many communications with the applicant. She stated that a report can be brought back to Council from the people who were involved. Mayor Pro Tem Bromberg stated that the area falls in his district and borders Council Member Heffernan's district. He indicated that he has talked to people about this in the Bonita Canyon and Seawind areas who have never been part of the City process before. He stated that he attended both Planning Commission hearings and expressed concern about the perception of the way the process happened. He noted that the Planning Department gave a recommendation at the first hearing that the proposed 124' steeple be reduced to 100' based mostly on the LDS representative stating that the Stake Center was 86' and that it was important that the new Temple be perceived higher. However, it was Volume 55 - Page 433 INDEX Planning (68) City of Newport Beach City Council Minutes October 8, 2002 later determined that the height was 68' and that at least one LDS representative knew this. He expressed concern that the staff report recommendation did not change after this was discovered and that people's first involvement with the City might have left a bad taste in their mouth. He indicated that he is not sure if this will be called up and told people in his district that, if their association wants it called up, he would do it. He clarified that he is not saying that the process is skewed, but there is the appearance of it being skewed because of the way it occurred which is not all the City's fault. Ms. Wood reported that the item was approved with the height of the steeple reduced to 99' 9" and the hours for lighting reduced. She noted that the applicant also agreed to conditions restricting holiday lighting. In response to Council Member Heffernan's questions, Ms. Wood confirmed that the design of the steeple was shortened and made broader. She stated that, at the broader point, there is an archway that one can see through. She added that the architectural style also changed. Dolores Otting thanked Commissioner Toerge and recommended that staff make him a name badge. She asked about the hours of operation and took issue that the Bonita Canyon residents were made fun of at the meeting. She stated that she visited the Stake Center and believed that the steeple was 86'. She distributed a newspaper with a picture of the steeple and stated that Commissioner Toerge did not vote on the issue because he said he only saw this for two hours. She stated that there is a hole cut out of the middle of the steeple, but does not know if the hole is on four sides or two because no one saw the drawings before that evening. She reported that they also agreed to a building permit to put lights on the building, but asked if they will put holiday lights on the ground. She also asked how the Commission could vote to certify an Environmental Impact Report (EIR) that has 86' in it when it is only 68'. She believed it is a big deal that staff did not get the as -built plans and asked how many other buildings the City has in which the as -built plans were not looked at. She noted that the applicant admitted that evening that they knew that the steeple was 68' but never corrected it. Mayor Pro Tern Bromberg stated that he has worked with the leaders of Bonita Canyon and LDS. He confirmed that there was knowledge that the steeple was 68', but he does not believe that Mr. Wynn or Dr. Clayton had that knowledge. Mayor Ridgeway indicated that he heard that the individual who made the misrepresentations has been removed from the project. N. CONTINUED BUSINESS — None. 18. UNSCHEDULED VACANCIES ON THE CITY ARTS COMMISSION. Motion by Council Member Adams to confirm the nominations of Dennis Baker, Wendy Brooks, Ellen Liefer, and Kirwan Rockefeller as presented by the Ad Hoc Appointments Committee to fill the two (2) unscheduled vacancies as a result of the resignations of Pamela Nestande and Jeffrey Gould from the City Arts Commission and schedule the appointments to be made on October 22, 2002. Volume 55 - Page 434 INDEX City Arts Commission (24) City of Newport Beach City Council Minutes October S, 2002 The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Glover City Attorney Burnham announced that Ms. Otting checked the bulletin board and reported that the closed session agenda was properly posted. He stated that he will provide extra copies to the City Clerk's office. O. CURRENT BUSINESS - None. P. MOTION FOR RECONSIDERATION - None. Q. ADJOURNMENT - at 9 :25 p.m., in memory of Gordy Atkinson of Atkinson Clothier. x,rxr The agenda for the Regular Meeting was posted on October 2, 2002, at 2 :20 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk lk/mol Recording Secretary Mayor Volume 55 - Page 435 Wro .