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HomeMy WebLinkAbout01/28/2003 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes =_ Regular Meeting January 28, 2003 - 7:00 p.m. - 4:30 p.m CLOSED SESSION - 5:35 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR. MEETING B. ROLL CALL Present: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Absent: None C. CLOSED SESSION REPORT - None. D. PLEDGE OF ALLEGIANCE - Council Member Nichols. E. INVOCATION - Pastor Erik Tribble, Calvary Chapel of Costa Mesa. F. Introduction of Balboa Theater Executive Director Mary Lonich by Dayna Pettit. Ms. Pettit stated that she founded the Balboa Theater Foundation nearly nine years ago, and is pleased to see the Balboa area and its facilities finally being renovated. She stated that Ms. Lonich has a great business background, the Board is becoming very involved and Ms. Lonich should enable the efforts of everyone to move forward. Ms. Lonich provided some background on her career. She stated that her philosophies include applying good business practice, applying the fundamentals of fundraising, instilling sound policies and procedures, not letting emotions drive decisions, and listening to and engaging the constituents. Ms. Lonich stated that she is driven by the opportunity to be successful, to be a leader and to build something from the bottom, up. She added that she is also driven by her passion for the arts and her vision for what the Balboa area can be. She listed some of her accomplishments with the Balboa Theater project since being hired. Mayor Pro Tem Ridgeway welcomed Ms. Lonich and thanked her for contributions. Introduction of new Library Services Director, Linda Katsouleas, by City Manager Bludau. Ms. Katsouleas stated that she is delighted to be a Volume 55 - Page 581 INDEX City of Newport Beach City Council Minutes January 28, 2003 INDEX part of the City, proud that she was selected and grateful for the opportunity to contribute to the City. Mayor Bromberg welcomed Ms. Katsouleas to the City. Announcement of the 2003 Arts Lecture/Performance Series, "Eye on the Arts ", by City Arts Commissioner Dennis Baker. Mr. Baker invited everyone to the Series, which begins Saturday, February 1, 2003, at the Central Library at 3:00 p.m. He stated that there will be two additional performances on March 81h and April 12th, and added that the performances will each be approximately one hour and are free to the public. Mayor Bromberg thanked Mr. Baker and suggested that an additional presentation be done in the future to announce the Concerts in the Parks Series. 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 Heffernan announced that a discussion on campaign reform /conflicts of interest is tentatively scheduled to take place at the February 11, 2003, Study Session. • Council Member Heffernan requested that the 2002 -2003 fiscal yearend plan for bringing the Newport Coast fuel modification zones into compliance be presented to the City Council at a future Study Session. • Council Member Heffernan requested that the top ten State budget impacts that will affect the City be reported to the City Council at a future Study Session. • Council Member Proctor announced that 15,000 questionnaires were sent to residents in the West Newport area addressing the City's enforcement of activity in the area on the 4n, of July. He encouraged everyone to complete the questionnaires and stated that the July 4th West Newport Safety Planning Committee will be meeting again on February 3, 2003. Council Member Proctor stated that he met earlier in the day with the Newport Shores Community Association regarding public access improvements to two street ends along the slough, which are being done in conjunction with a capital improvement project to improve water quality in the area. Council Member Proctor stated that the Association is willing to maintain the street end improvements if the City will construct them. He requested that staff provide an estimate of the cost for construction and the potential funding source. Additionally, he requested that staff work with the Association on a cooperative agreement. Council Member Proctor additionally stated that there are several Volume 55 - Page 582 City of Newport Beach City Council Minutes January 28, 2003 issues regarding the improvement of the water quality in the slough that the Newport Shores Community Association would like addressed. He requested that staff contact the Army Corps of Engineers, the County of Orange and any other agengy that might be involved in the matter to investigate the possibilities.for improving the water quality in the area and who has the jurisdiction to act. Mayor Pro Tern Ridgeway suggested that the Newport Shores water quality issue be addressed by the Coastal/Bay Water Quality Citizens Advisory Committee. Council Member Webb announced that on January 27, 2003, he attended a ceremony to formally name the Mariners Library the Donna and John Crean Mariners Branch Library. Also at Mariners School on the same day, Council Member Webb stated that he attended the D.A.R.E. (Drug Abuse Resistance Education) graduation ceremony. He expressed his support for the program. Mayor Bromberg stated that the Council retreat that he requested at the City Council meeting of January 14, 2003, is on hold until the City hears from the State on budget issues. Mayor Bromberg announced that a Mariners Joint Use Steering Committee will be formed later in the meeting (Item No. 19). He expressed his support for the project. I. CONSENT CALENDAR READING OFMINUTESiORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JANUARY 14, 2003. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCES FOR INTRODUCTION 3. MODIFICATION OF PROVISIONS OF CHAPTER 17.28 OF TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC) RELATING TO VEHICLE USAGE ON PIERS AND PLAZAS. Introduce Ordinance No. 2003 -2 amending Chapter 17.28 of Title 17 of the NBMC and pass to second reading on February 11, 2003, as amended by City Manager Bludau to increase the gross vehicle weight in Section 17.28.045(B) from 6,000 pounds to 8,000 pounds. 4. Item removed from the Consent Calendar by Council Member Heffernan. Volume 55 - Page 583 Ord 2003 -2 Vehicle Usage on Piers and Plazas (85) City of Newport Beach City Council Minutes January 28, 2003 INDEX URDI NANCE P OR ADOPTION 5. REQUEST TO AMEND THE FASHION ISLAND PLANNED Ord 2003 -1 COMMUNITY (PC -35) DEVELOPMENT PLAN AND DISTRICT PA2002 -192 REGULATIONS PERTAINING TO SIGNAGE. THE APPLICANT Fashion Island Planned PROPOSES MODIFIED SIGNAGE DEVELOPMENT Community (PC -35)/ REGULATIONS THAT WOULD ALLOW ADDITIONAL Planned Community SHOPPING CENTER IDENTIFICATION MONUMENT SIGNS, Development Plan VEHICULAR AND PEDESTRIAN DIRECTIONAL SIGNS AND Amendment 2002 -0021 RESTAURANT MONUMENT SIGNS (PA2002 -192) [APPLICANT Signage Regulations/ — HOLLY SANDLER REPRESENTING THE APPLICANT, THE (68) IRVINE COMPANY. Adopt Ordinance No. 2003 -1 approving Planned Community Development Plan Amendment No. 2002 -002 based on the recommendation and revisions made by the Planning Commission. RESOLUTIONS FOR ADOPTION 6. ADOPT RESOLUTION FOR STREET SWEEPING ON FERN, Res 2003 -4 HIGHLAND, NORDINA AND SONORA STREETS. 1) Adopt Street Sweeping Resolution No. 2003 -4 establishing No Parking restrictions for street (85) sweeping on Mondays from 8:30 a.m, to 12:30 p.m. on the street ends at Highland and Sonora Streets and on Thursdays from 8:30 a.m. to 12:30 p.m. on the street ends on Fern and Nordina Streets; and 2) rescind Resolution No. 2002 -23. 7. Item removed from the Consent Calendar by Council Member Heffernan. CONTRACTS AND AGREEMENTS 8. OLD FORD ROAD PAVEMENT OVERLAY (C -3437) — BA -039 COMPLETION AND ACCEPTANCE. 1) Approve a budget C -3437 amendment (BA -039) authorizing the transfer of $53,858.64 from Old Ford Road Account No. 7181- C5100591 to Account No. 7181- C5100587; 2) accept Pavement the work; 3) authorize the City Clerk to file a Notice of Completion; Overlay 4) authorize the City Clerk to release the Labor and Materials bond 35 (38/40) days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 5) release the Faithful Performance Bond one (1) year after Council acceptance. 9. OCEANFRONT STREET END IMPROVEMENTS: FERN, C -3383 GRANT, HIGHLAND, NORDINA, AND SONORA STREETS Oceanfront Street (C -3383) — COMPLETION AND ACCEPTANCE. 1) Accept the End Improvements work; 2) authorize the City Clerk to file a Notice of Completion; (38) 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 10. APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES C -3515 AGREEMENT WITH PRO SOURCE, INC. FOR CONSTRUCTION Construction SUPPORT SERVICES. Approve Amendment No. 2 to Professional Support Services Agreement with Pro Source, Inc. for extension of contract Services Volume 55 - Page 584 City of Newport Beach City Council Minutes January 28, 2003 construction inspection services in the amount of $36,000. 11. Item removed from the Consent Calendar by Council Member Heffernan. 12. Item removed from the Consent Calendar by Council Member Heffernan. 13. Item removed from the Consent Calendar by Council Member Heffernan. 14. WEST BAY TRAIL, BOARDWALK & RESTORATION PROJECT. Authorize the City Manager to: a) enter into an agreement or memorandum of understanding with the County of Orange to formally allocate up to $800,000 of the County's share of American Trader Oil Spill settlement proceeds towards this project; and b) upon execution of the City - County Agreement and adoption of a budget amendment by City Council, enter into a sole - source Professional Services Agreement with Community Conservancy International (CCI) for Phase I of the project. MISCELLANEOUS ACTION 15. ANNUAL CITY RECYCLING REPORT. Approve the submission of the 2001 Annual City Recycling Report to the California Integrated Waste Management Board. Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar, except for those items removed (4, 7, 11, 12 and 13) and noting the amendment to Item No. 3. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None J. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. ORDINANCE EXTENDING NON - EXCLUSIVE FRANCHISES WITH ADELPHIA & COX CABLE TELECOMMUNICATIONS. Council Member Heffernan stated that the telecommunication franchise agreements with Adelphia and Cox Cable expired in January, 2002. He stated that the City has been working to modify the agreements, and that the recommendation to extend the current agreements allows the negotiation process to continue for another year. Council Member Heffernan stated that a needs assessment has been done through a public outreach program and that the results will be discussed at an Ad Hoc Telecommunications Committee meeting on February 10, 2003. He noted that Adelphia is currently in bankruptcy, Volume 55 - Page 585 (38) C -3597 West Bay Trail, Boardwalk and Restoration Project (38) Recycling Report (44) Ord 2003 -3 Adelphia & Cox Cable (42) City of Newport Beach City Council Minutes January 28, 2003 which makes the negotiation process more Motion by Mayor Pro Tern Ridgeway to introduce Ordinance No. 2003 -3 and pass to second reading on February 11, 2003. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 7. VEHICLE LICENSE FEE AND THE STATE BUDGET DEFICIT. Council Member Heffernan stated that the Vehicle License Fee (VLF) is the fee paid by vehicle owners for vehicle registration. He stated that the impact of the State keeping the fees amounts to an approximate loss of $1.9 million to the City in the current fiscal year and $3 million in the upcoming fiscal year. Motion by Mayor Pro Tern Ridgeway to adopt Resolution No. 2003.5 urging the California Legislature to reject the Governor's proposed shift of local Vehicle License Fee (VLF) revenues and to honor the 1998 commitment to restore the VLF. The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None [Item reconsidered under Motion for Reconsideration later in the meeting]. 11. CORONA DEL MAR STATE BEACH IMPROVEMENT — APPROVAL OF GRANT CONTRACT NO. 3461. Referring to the $1.5 million budgeted for the project, Council Member Heffernan asked for a description of how much rehabilitation can be done with that amount of money. He stated that the beach improvements and the first aid station that are needed could be more expensive. City Manager Bludau stated that $2.5 million is actually available due to an additional $1 million in the American Trader Oil Spill account. Council Member Heffernan additionally asked if there will be opportunities for public input on the project. City Manager Bludau stated that some public input has already been received and more will be received before the project is presented to the City Council. Council Member Nichols stated that the area residents need to be contacted and their input received. Public Works Director Badum Volume 55 - Page 586 INDEX Res 2003 -5 Vehicle License Fee /State Budget Deficit (40) C -3461 Res 2003 -6 Corona del Mar State Beach Improvement (38) City of Newport Beach City Council Minutes January 28, 2003 stated that the preliminary concept is only being developed at this point. When completed, it will be presented to the public. He added that Senior Planner Berger is coordinating the public information program. Council Member Nichols asked how the program will be handled and noticed, and if the Parksi Beaches & Recreation (PB &R) Commission will be involved. Pubic Works Director Badum stated that area residents would probably be invited to some preliminary workshops and a presentation would be done at a PB &R Commission meeting. Council Member Nichols asked how residents can make suggestions on the project prior to the beginning of the planning stage. Mayor Bromberg assured Council Member Nichols that the public will have plenty of opportunities to provide input on the project. Public Works Director Badum stated that he is prepared to receive input on the project at any time. Assistant City Manager Kiff added that a survey of the residents in the area was completed approximately 1' /x years ago. The results, of which, are posted on the City's website. He also reminded everyone that the City has an opinion e-mail and phone line dedicated to receiving input from the public on any issue. Motion by Mayor Pro Tern Ridcewav to affirm the Notice of Exemption for this project; adopt Resolution No. 2003.6 appointing the City Manager to act as agent for the City; and approve a Grant Contract with the State Department of Parks and Recreation, and authorize the Mayor and the City Clerk to execute the contract. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 12. TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL - AWARD OF CONTRACT (C- 3587). Council Member Heffernan stated that the traffic signal under consideration will cost approximately $400,000 and is being done by the City due to safety concerns. He stated that the school was prepared to have the installation done prior to the annexation of the Newport Coast area, but the County wouldn't allow the signal on the roadway. He noted that the school is contributing $100,000 towards the cost. He further explained that it is a difficult signal layout and the City should be recognized for taking on the project. Mayor Pro Tern Ridgeway requested that a reimbursement agreement for the Knolls site be considered. He stated that if the site is developed, a portion of the cost of the traffic signal should be required. Motion by Mayor Pro Tern Ridcewav to approve the plans and specifications; award contract (C -3587) to Hillcrest Contracting Volume 55 - Page 587 ` 1 C -3587 BA -040 Traffic Signal and Roadway Improvements on Newport Coast Drive at Sage Hill School (38/40) City of Newport Beach City Council Minutes January 28, 2003 Incorporated for the total bid price of $161,930; and authorize the Mayor and the City Clerk to execute the contract; establish an amount of $16,190 to cover the cost of unforeseen work; approve a budget amendment (BA -040) appropriating $300,000 from the unappropriated balance of the Transportation and Circulation Fund to Account No. 7261- C5200702; and direct staff to consider a reimbursement agreement for the Knolls site, in the event that it is developed in the future. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 13. REVIEW OF NEWPORT COAST ASSESSMENT DISTRICT FINANCIAL DATA- Council Member Heffernan stated that the annexation agreement requires the City to hire outside experts to investigate the three assessment districts in the Newport Coast area and, specifically, the propriety of how they were set up and how the money was spent. He suggested that the initial focus be on determining the City's right to contest any issues. Mayor Bromberg asked if the statute of limitations is a concern. City Attorney Burnham stated that the statute of limitations on any assessment proceeding is relatively short, and that there is a good chance that the statute of limitations expired quite some time ago. He stated that the scope of work for the specialists could be modified to include looking at the statute of limitations issue. Motion by Mayor Pro Tern Rideeway to authorize the City Manager to execute Professional Services Agreements (PSAs) with Mr. Robert Messinger of Burke Williams & Sorenson, LLP and Mr. William Mitchell of Cummins and White, LLP regarding a review of Newport Coast assessment district financial data, as amended to first determine if the statute of limitations has expired on the issue; and approve a budget amendment (BA -041) in the amount of $93,750 relating to this expense. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None Volume 55 -Page 588 INDEX C -3596 BA -041 Newport Coast Assessment District Financial Data (38/40) City of Newport Beach City Council Minutes January 28, 2003 K. INDEX Jim Hildreth stated that Tony Melum is no longer associated with the City and was apparently asked to resign. Mr. Hildreth stated that prior to Mr. Melum leaving the City, he asked to have Mr. Melum's office audited. He asked why this hasn't happened. Additionally, Mr. Hildreth stated that he received a letter from Fiscal Specialist Carney, dated January 22, 2003. He noted that the letter was not signed. He stated that the Municipal Services Statement that was included with the letter was extremely confusing. He also pointed out that there is no statute of limitations on access, and that there is no difference in accessing the location in question and the other locations. Mr. Melum, prior to leaving, stated that he had evidence that there were four mooring locations with access. Mr. Hildreth stated that he hasn't received the documentation supporting this but that if others have access, he should also. City Manager Bludau noted that Mr. Melum did not resign, he retired in December of 2002. Additionally, he stated that the City's Municipal Services Statement is a consolidation of several bills. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report - Ad Hoc General Plan Update Committee (GPUC). Council Member Adams stated that GPUC has not met since the City Council meeting of January 14, 2003, but a subcommittee has been working on an action plan for the remainder of the general plan update process. He stated that GPUC will probably not meet again until the subcommittee is ready with its report. He noted that the task of the General Plan Advisory Committee (GPAC) ended with the completion of the visioning process, but that a majority of the members have agreed to remain on the committee to provide additional assistance throughout the process. Council Member Adams stated that GPUC will need to fill the positions of those individuals who will not be remaining on the committee. Mayor Bromberg noted that the City's general plan update process will probably take two years to complete, and is an involved process with many opportunities for public input. He stated that the discussions will become more philosophical in nature, and that compromise and flexibility will be extremely important if the general plan update process is to be effective. Status report - Local Coastal Program Certification Committee. Mayor Pro Tern Ridgeway stated that once the Committee receives responses from the department heads, a new Local Coastal Plan (LCP) will be drafted and circulated to the committee members. Status report - Newport Coast Advisory Committee (NCAC). Council Member Heffernan stated that the NCAC is scheduled to meet on February 4, 2003. He stated that the meeting will include a discussion on an amendment to the annexation agreement regarding ongoing responsibilities. He stated that the Committee will also Volume 55 - Page 589 City of Newport Beach City Council Minutes January 28, 2003 discuss fuel modification zones and how to deal with the issue, as well as potential landscaping on Newport Coast Drive. He noted that the meeting on February 4th begins at 5:30 p.m. and will take place at the Newport Coast Elementary School. Council Member Nichols asked if the City has received the documents it requested from the County dealing with the subdivisions. Assistant City Manager Kiff stated that earlier in the day, the County planning staff stated that they would be providing the City with building and grading plans for up to eight of the planning areas that have been completed. Mayor Bromberg stated that the Councilmanic Redistricting Committee is planning to meet in February. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING COMMISSION AGENDA FOR JANUARY 23, 2003. Assistant City Manager Wood stated that the Planning Commission meeting began with a discussion of the Bayview Affordable Senior Housing project. She noted that the public hearing is scheduled for February 20, 2003. She stated that two concerns were brought up during the discussion and they will be addressed prior to the public hearing. These included the adequacy of parking for the project and the height of the building pads. Assistant City Manager Wood stated that the Planning Commission also recommended the initiation of a general plan amendment and that this item would be before the City Council at its meeting of February 11, 2003. She stated that the amendment is to allow self storage facilities on a site in the airport area, and that it was decided by the Planning Commission that such requests should be looked at on a site -by -site basis. She stated that the final item considered by the Planning Commission was an amendment to the zoning code regarding landmark buildings and allowing them to expand their uses without having to go through the usual use permit process. She stated that this item would also be included on the City Council meeting agenda of February 11, 2003. Mayor Bromberg noted that the Bayview Affordable Senior Housing project will consist of 150 units and that they will be filled on a lottery basis to those who qualify. Council Member Webb asked for more information on the concerns of the Planning Commission in regard to the height of the building pads. Assistant City Manager Wood stated that during the presentation, the architect stated that the building pad elevations would be raised five feet above the existing grade. The Planning Commission expressed concerns about why this had to be done, and audience members expressed concerns about the view impacts. Council Member Webb asked if there was a discussion about using story poles. Assistant City Manager Wood stated that story poles were discussed, but no formal Volume 55 - Page 590 INDEX Planning (68) City of Newport Beach City Council Minutes January 28, 2005 action was taken to require Council Member Nichols stated that the Bayview site was at one time a dump, which has resulted in the ground being very soft. He asked if the site above the Central Library is still under consideration as a place for senior affordable housing. Assistant City Manager Wood stated that the City Council previously provided direction to leave this site as open space. In regard to the general plan amendment initiation, Council Member Nichols asked if there were already sites in the airport area with self storage facilities. Assistant City Manager Wood stated that she did not know. Additionally, Council Member Nichols asked for an explanation of the process for changing the zoning code. Assistant City Manager Wood stated that the Planning Commission holds a public hearing and makes a recommendation to the City Council, which also holds a public hearing and determines if the change should be made. Council Member Adams stated that when he was Mayor, he requested that a report on the actions of the Planning Commission be provided to the City Council on a regular basis. He stated that it seems to be turning into a mini- hearing on the items, which he doesn't feel is appropriate. He thinks the focus should be on receiving and filing the report. Mayor Bromberg stated that it can include clarifications on the actions. Mayor Pro Tem Ridgeway stated that the Bayview site was never a dump site, although there is a liquefaction issue there due to the water table level. He stated that a soils report will determine how deep compaction will occur above the table. N. PUBLIC HEARINGS 17. UNDERGROUNDING UTILITIES IN PROPOSED ASSESSMENT DISTRICT NO. 70 BAYSHORES AND DESIGNATION OF THIS AREA AS AN UNDERGROUND UTILITIES DISTRICT. Mayor Bromberg announced that the public hearing is being held to hear protests or objections to the Resolution of Intention, Assessment Engineer's Report, proposed assessments and all other matters relating to Assessment District No. 70, and for designation of the area as an underground utilities district. He noted that all written protests and ballots must be received by the City Clerk prior to the close of the public hearing. John Friedrich, Assessment Engineer, noted the map on display, which showed the boundaries of the proposed district. He stated that there is an amendment to the Engineer's Report due to a discovery that the parcel designated as Assessment No. 2 included the termination pole for the undergrounding of Assessment District No. 13. Mr. Friedrich stated that he calculated that the assessment for Assessment No. 2 should be changed from $10,490.66 to $8,061.02. Volume 55 - Page 591 RI Res 2003 -7 Res 2003 -8 Underground Utilities District 70/ Bayshores (89) City of Newport Beach City Council Minutes January 28, 2003 Mayor Bromberg opened the public hearing. Mayor Bromberg asked if there was anyone who wished to speak in opposition to the acquisition of the improvements, the Assessment District, the underground utilities district, the method of spread of the proposed assessments, or the designation of the area as an underground utilities district. Seeing no one, Mayor Bromberg asked if there was anyone who wished to speak in favor of the proceedings. Hearing no testimony, Mayor Bromberg closed the public hearing. Deputy City Clerk Fisher submitted the ballots to Junior Civil Engineer Arciniega for counting. 18. HOTTIES PIZZA (PA2002 -172) — 325 OLD NEWPORT BOULEVARD — AMENDMENTS TO USE PERMIT NO. 3622 THAT WOULD ALLOW THE SALE OF BEER AND WINE FOR ONSITE AND OFFSITE CONSUMPTION (INCLUDING DELIVERY) AND AMEND THE HOURS OF OPERATION ALLOWING THE ESTABLISHMENT TO OPERATE BETWEEN 6 AM AND MIDNIGHT DAILY (6 AM TO 10 PM FOR THE PATIO). Noting that the agenda states that Council can uphold or modify the Planning Commission decision, Council Member Heffernan asked if one of the options is also to deny the decision. City Attorney Burnham confirmed that Council can deny the decision and believed that this is subsumed under the term "modify ". Senior Planner Campbell reported that on January 9, 2003, the Planning Commission approved an amendment to Use Permit 3622 for sale of alcoholic beverages, a beer and wine license, and a change in the hours of operation. He indicated that Hotties Pizza also requested to deliver alcohol with their food. He reported that, based upon the recommendation of the Police Department and staff with the conditions of approval, the Planning Commission felt that the permit had adequate conditions to alleviate or avoid any issues with underage drinking and approved the application. Council Member Proctor noted that the application for the use permit was for the sale of alcohol onsite and offsite (Type 41 ABC License). He asked whether the idea of delivering alcohol is something that is appropriately considered or if it is subsumed in the issuance of the alcohol license for onsite /offsite consumption. Senior Planner Campbell indicated that it is part of the operational character of the restaurant and would be reviewed with the use permit. Council Member Proctor asked if Hotties Pizza needed City permission to deliver alcohol or if it would be permitted once they get the Alcoholic Beverage Control (ABC) license. Senior Planner Campbell stated that the delivery of alcohol would come under the review of the City's Alcoholic Beverage Outlet (ABO) ordinance. City Attorney Burnham added that the City Council could make findings that do not support the delivery of alcohol offsite, and that getting the ABC license does not prevent the City from imposing additional conditions under the ABO ordinance or denying Volume 55 - Page 592 INDEX PA2002 -172 Hotties Pizza/ 325 Old Newport Blvd. (88) City of Newport Beach City Council Minutes January 28, 2003 the delivery of alcohol. INDEX Per Mayor Bromberg's question, Senior Planner Campbell stated that he is not aware of any other businesses in the City that are currently delivering alcohol. Mayor Pro Tem Ridgeway stated that he has visited the Hotties Pizza site and feels that the delivery of alcohol would be inappropriate. He explained that there is no curb, gutter or driveway at the site, which would allow delivery vehicles to leave or access the site from various locations. He expressed his concern for safety. City Attorney Burnham stated that such concerns would not be relevant to the considerations that would go into making the findings for granting the conditions of the use permit under the requirements of the ABO ordinance. Mayor Bromberg stated that he is still concerned that some businesses may be delivering alcohol in the City. He stated that there needs to be some consistency on who is allowed to do so and who is not. City Attorney Burnham stated that the ABO ordinance applies to new businesses and to those changing their operational characteristics, and not to those that predate the ordinance. Per Council Member Proctor's question, City Attorney Burnham read from Section 20.89.020 of the ABO ordinance, which defines "off- sale" as alcoholic beverages sold, served, or given away for consumption off the premises. Council Member Proctor confirmed that this would include liquor stores, and asked if a use permit were granted for onsite and offsite alcohol sales, if the delivery of alcohol would automatically be included. City Attorney Burnham stated that if the use permit did not directly address the delivery of alcohol, then the establishment would be entitled to do so. He added, however, that the use permit application should provide exactly what the business intends to do and the approved use permit should legitimize that intended business practice. Council Member Proctor asked if the City has the right to regulate the delivery of alcohol and if the applicant is required to include this on their application, or if a regulation is being created. City Attorney Burnham stated that the City created such a regulation with the creation of the ABO ordinance. Per Mayor Bromberg's question, City Attorney Burnham stated that the ABO ordinance went into effect in 1998. Council Member Proctor stated that his initial concerns revolved around the pros and cons of delivering alcohol, but that he'd also like to understand if the City even has the right to regulate such an act. Council Member Heffernan referred to No. 10 of the conditions for approval in the staff report and noted that it does not permit the delivery of alcohol by restaurant employees. Senior Planner Campbell explained that this was a resolution drafted by staff and that it included language that could be used if the City Council decided not to allow the delivery of alcohol. Additionally, Council Member Heffernan referred to No. 21 of the conditions for approval and expressed his Volume 55 - Page 593 City of Newport Beach City Council Minutes January 28, 2003 INDEX concern that the applicant would be required to complete a certified training program within 180 days of the issuance of the certificate of occupancy, yet would be allowed to deliver alcohol from the beginning. Lastly, he asked what additional insurance requirements should be in place for the delivery of alcohol. City Attorney Burnham stated that there is not any potential City liability related to the issuance of a use permit. Council Member Heffernan explained that he's concerned about the potential for the delivery of alcohol to a minor. Senior Planner Campbell stated that there is not a condition of approval requiring additional insurance. City Attorney Burnham confirmed that it would be unusual to impose such a condition. Council Member Nichols stated that he was of the understanding that the delivery of alcohol is not allowed. Senior Planner Campbell stated that the ABC confirmed that there are no operations currently delivering alcohol in Newport Beach, but that it is permissible and up to the local jurisdiction whether or not to allow it. Council Member Nichols stated that the City should not be the first one to allow it in the area and that by allowing it, it could mean that other businesses may want to do the same thing. Per Mayor Bromberg's question, City Attorney Burnham stated that the City Council has to comply with the ABO ordinance in terms of evaluating the use permit application and applying the required findings. Mayor Bromberg opened the public hearing. Laura Dietz, 325 Cameo Shores Road, stated that delivering alcohol with pizza would only exasperate an existing problem with underage drinking. She stated that Hotties Pizza should not be allowed to deliver alcoholic beverages. She stated that she did some checking and the local grocery stores do not deliver alcohol. Nancy Clark, 2816 Broad Street, stated that she is shocked that the issue is even being considered. She stated that underage drinking is becoming an epidemic and that minors need to understand that it is wrong to drink alcoholic beverages, even at home. She expressed her opposition to allowing Hotties Pizza to deliver alcohol. Hearing no further testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Proctor to modify the decision of the Planning Commission to approve Hotties Pizza use permit, but prohibit the delivery of alcohol. The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Does: None Abstain: None Volume 55 - Page 594 City of Newport Beach City Council Minutes January 28, 2003 C� Mayor Pro Tem Ridgeway requested,.: that the ABO ordinance be amended to prohibit the delivery of aiol by any business in the City. Council Member Proctor stated that the criteria for the findings needs to be amended. 19. CITY COUNCIL FORMATION OF A MARINERS JOINT USE STEERING COMMITTEE. Mayor Bromberg stated that the grant money has been received for the project. He briefly listed the members that would comprise the steering committee. Mayor Ridgeway suggested that the Newport -Mesa Unified School District Superintendent and the City Manager be allowed to have a designee represent them, if necessary. Mayor Bromberg appointed Council Member Webb and Mayor Pro Tem Ridgeway, and Board of Library Trustees Chairman Patrick Bartolic and Board of Library Trustee Theresa Chase to the committee. He appointed Council Member Webb as the Chairman and Board of Library Trustee Chase as the Vice - Chairman. Mayor Pro Tem Ridgeway noted that the reason there are three Newport -Mesa Unified School District trustees being recommended for the committee is because the library is in overlapping districts for three trustees. He stated that this was done at the request of the District. Mayor Bromberg additionally pointed out that only two Newport Beach Board of Library Trustees are being appointed because there are five members on the board, and a majority can't serve on the same committee. Motion by Council Member Adams to adopt Resolution No. 2003 -9 creating a Mariners Joint Use Library Ad Hoc Steering Committee to work with Thirtieth Street Architects, Inc. in site and facility planning for the new Donna and John Crean Mariners Branch Library; and confirm the Mayor's appointment of Council Member Webb (Chairman), Mayor Pro Tem Ridgeway, Board of Library Trustees Chairman Patrick Bartolic and Board of Library Trustee Theresa Chase (Vice Chairman) to the Committee. The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None Volume 55 - Page 595 11013j Res 2003 -9 Mariners Joint Use Steering Committee (24) City of Newport Beach City Council Minutes January 28, 2003 P. CURRENT BUSINESS 20. REQUEST TO WIDEN A DRIVE APPROACH AT 433 FERNLEAF AVENUE. Public Works Director Badum stated that the applicant wants to widen an existing single -car drive approach to a two -car approach. He stated that the approach abuts an alley and that Council Policy L -2, Driveway Approaches, prohibits street curb openings to residential properties which abut alleys. He referred the City Council to the exhibits and photos in the staff report. Stan Andrade, the architect representing the owner of the property at 433 Fernleaf Avenue, stated that the site is actually a double lot. He stated that rather than split the property and build two large residences, the owner would prefer to improve the existing cottage -style home and add a yard area to the rear of the property. He stated that a garage at the rear of the property at the alley is possible, but wouldn't leave the open space that the owner desires. Mr. Andrade stated that the owner is hoping that the City Council would find the request acceptable. Per Council Member Nichols' question, Mr. Andrade stated that eighteen feet is normally required for a garage setback, but that the owner is requesting a driveway that is fifteen feet long and consistent with the existing setback. Public Works Director Badum stated that Section 20.66.040(B)(3)(a) of the City's zoning code requires a 19 -foot setback from the front property line. Council Member Nichols stated that he likes the concept of the proposed home and that, although he prefers rear curb cuts, he feels that the owner should be allowed to widen the existing drive approach. He asked Mr. Andrade how the 19- foot setback would affect the plans. Mr. Andrade stated that they could work with it and are hoping to remodel the existing structure. In response to Council Member Nichols' question, Mr. Andrade stated that the proposed plans comply with the City's requirements for the size of an enclosed garage. Council Member Nichols noted that the property has more open space than any other in the area and utilizes a five -foot setback on the sides instead of the three feet that is required. Mayor Pro Tem Ridgeway stated that he believes that four feet is required. He also stated that the proposed house is actually quite large, no elevations are provided in the exhibits and he can't understand why plans were produced that didn't place the garage at the rear of the property. Mayor Pro Tern Ridgeway stated that the open space area that the owner desires could be placed at the front of the property, with the garage at the rear. Council Member Webb stated that a rear drive approach has been required of other properties in the area. He added that a garage on the alley would also improve access to the other garages in the area, since it would replace an existing fence which is on the property line. Additionally, he noted that the remodel is actually a substantial Volume 55 - Page 596 11113 X1:1 433 Fernleaf Avenue/ Drive Approach Widening (85) City of Newport Beach City Council Minutes January 28, 2003 INDEX increase in the size of the home with the proposed plans to increase it from approximately 1300 square feet to 3200 square feet. He stated that since there are no extenuating circumstances to prevent alley parking, he would suggest that that the request be denied. Council Member Adams expressed his opposition to the request. He stated that the applicant hasn't provided a compelling reason for why an exception should be made to the intent of Council Policy L -2. Per Council Member Nichols' question, Mr. Andrade confirmed that the existing fence at the rear is on the property line, but that the owner would comply with whatever setback the City required. Council Member Nichols stated that modifications permits have been issued throughout the area on a routine basis that allow garages at the sides and fronts of properties. He stated that if the applicant would accept a 19 -foot setback for the garage, he would suggest approval of the request. Council Member Adams stated that the Modifications Committee is not routinely overriding Council policies and only allows modifications when there are significant circumstances. Mayor Pro Tem Ridgeway agreed with the comments of Council Member Adams. He added that he can't agree to allowing more vehicle traffic to the front of a property over a sidewalk. Council Member Heffernan confirmed with Mr. Andrade that the proposed home's lot coverage will be similar to that of the existing home since it will be a two -story home instead of a single -story home. He additionally asked what the typical lot coverage in the area is. Assistant City Manager Wood stated that new construction typically goes to the setback lines. Council Member Heffernan stated that these properties probably cover 75% of the lots, while the home at 433 Fernleaf Avenue is covering only 25% of the lot. Council Member Nichols agreed that the lot coverage at 433 Fernleaf Avenue is substantially less than the other properties in the area and what could be allowed. Mr. Andrade stated that the property owner does not want to create controversy. He stated that he can redesign the home, if necessary, and only wants to create a nice home for the owner's family. Council Member Adams agreed that the proposed plans are refreshing and hoped that the owner would keep the open space even if the request to widen the existing drive approach is denied. Mr. Andrade noted that the owner has received several offers for purchase of the property by people who would intend to split the lot and build two large structures. Council Member Proctor asked what findings would have to be made if the City Council decided to approve an exception to Council Policy L -2. Public Works Director Badum stated that extenuating circumstances Volume 55 - Page 597 City of Newport Beach City Council Minutes January 28, 2003 Ilu�7�li usually exist to exempt a property from the policy. He added that the intent of Council Policy L -2 is to promote less vehicle traffic on the front streets and sidewalks. City Attorney Burnham stated that if the City Council decides to deny the request, that the findings should address due process issues. He stated that if the City Council decides to approve the request, that the findings should differentiate this application from others that might be submitted in the area. Council Member Adams asked if a finding to deny the request could be that it is inconsistent with Council Policy 1,2. City Attorney Burnham stated that the findings should support the rationale behind the policy. Motion by Council Member Adams to deny the request to widen an existing single -car drive approach to a two -car drive approach on the northwesterly side of Fernleaf Avenue, based on the findings that the proposed project would 1) perpetuate the presence of a curb cut resulting in the loss of street parking, 2) perpetuate a potential safety problem relative to cars crossing the sidewalk, and 3) impede traffic on the abutting street. Mayor Bromberg stated that the design is a good one, but he has a concern about the loss of parking and the impeding of traffic. Council Member Nichols stated that the lot's coverage is minimal and the street is utilized by few vehicles. He stated that he believes that an exception should be made based on doing what is best for the area. Substitute motion by Council Members Nichols to approve the request to widen an existing single -car drive approach to a two -car drive approach on the northwesterly side of Fernleaf Avenue, with an amendment to require an 18 -foot setback from the front yard for the garage. Council Member Heffernan stated that during the visioning process for the general plan update, he felt that the strongest opponents to mansionization were the residents from Corona del Mar. He stated that he feels that lot coverage is more important to the residents than rear drive approaches, and especially in this case, since a front drive approach already exists. City Attorney Burnham confirmed that Council Member Nichols' motion was conditioned on the proposed lot coverage in the plans that were submitted, and suggested that he might want the applicant's agreement to such a condition. Mayor Pro Tem Ridgeway asked how long the condition would be required. City Attorney Burnham stated that it would be required for as long as the curb cut was in place. Mayor Bromberg confirmed with Mr. Andrade that the condition would be acceptable. Council Member Adams stated that the issue is whether to allow an Volume 55 - Page 598 City of Newport Beach City Council Minutes January 28, 2003 exception to Council Policy L -2 and not what the lot coverage should be. Council Member Heffernan stated that the issue is that the owner has the option to sell the property if she doesn't get the home she desires, which could result in mansionization of the lot. The substitute motion failed by the following roll call vote Ayes: Heffernan, Nichols Noes: Proctor, Ridgeway, Adams, Webb, Mayor Bromberg Abstain: None Absent: None The original motion carried by the following roll call vote: Ayes: Proctor, Ridgeway, Adams, Webb, Mayor Bromberg Noes: Heffernan, Nichols Abstain: None Absent: None 17. UNDERGROUNDING UTILITIES IN PROPOSED ASSESSMENT DISTRICT NO. 70 BAYSHORES AND DESIGNATION OF THIS AREA AS AN UNDERGROUND UTILITIES DISTRICT [continued from earlier in the meeting]. Deputy City Clerk Fisher announced that a total of 111 ballots were received for Assessment District No. 70. Ninety -four ballots were received in favor of the proposed assessment, representing 84.7% of the assessment amount, and 17 ballots were received in opposition to the proposed assessment, representing 15.3% of the assessment amount. Motion by Mayor Pro Tem Ridgeway to adopt Resolution No. 2003 -7 approving contracts for utility improvements since there were more yes votes than no votes submitted; and adopt Resolution No. 2003 -8 declaring the results of the ballot tabulation, confirming the assessment, ordering the acquisition of improvement, approving the Assessment Engineer's Report, and designating the area an Underground Utilities District for Assessment District No. 70 Bayshores. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 21. PROPOSED CITY COUNCIL AD HOC AIRPORT POLICY REVIEW COMMITTEE. Mayor Bromberg appointed Council Members Proctor and Heffernan, and Mayor Pro Tern Ridgeway to the committee. He appointed Council Volume 55 - Page 599 ►9 Res 2003.10 City Council Ad Hoc Airport Policy Review Committee (24) City of Newport Beach City Council Minutes January 28, 2003 Proctor as the Motion by Mayor Pro Tem Ridgeway to adopt Resolution No. 2003 -10 creating the City Council Ad Hoc Airport Policy Review Committee and terminating the Airport Issues Committee; and confirm the Mayor's appointment of Council Members Proctor (Chairman) and Heffernan, and Mayor Pro Tem Ridgeway to the City Council Ad Hoc Airport Policy Review Committee. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 22. APPOINTMENTS BY THE CITY COUNCIL TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC), COASTAL/BAY WATER QUALITY CITIZENS ADVISORY COMMITTEE AND THE AVIATION COMMITTEE. Mayor Bromberg stated that if a council member is not prepared to make any of their appointments, those appointments can be deferred to a later City Council meeting. Council :Member Heffernan requested a clarification on which committee appointments need to be made from the council member's district. Mayor Bromberg indicated that EQAC has a district appointment, but the at -large appointment does not have to come from within the council member's district. Regarding the Coastal/Bay Water Quality Citizens Advisory Committee and Aviation Committee, he indicated that those appointments do not have to come from within the council member's district. Environmental Quality Affairs Citizens Affairs Committee (District 1) Mayor Pro Tem Ridgeway reappointed Louis Von Dyl and Gary Borquez (at -large member). (District 2) Council Member Proctor reappointed Jim Miller and Nancy Raney (at -large member). (District 3) Council Member Webb deferred his appointments. (District 4) Council Member Adams deferred his district appointment and reappointed Phillip Lugar (at -large member). (District 5) Mayor Bromberg deferred his district appointment and Volume 55 - Page 600 X81:1 Appointments to EQAC, Coastal/Bay Water Quality, and Aviation Committees (24) City of Newport Beach City Council Minutes January 23, 2003 INDEX reappointed Marge Pantzar (at -large member). (District 6) Council Member Nichols deferred his appointments. (District 7) Council Member Heffernan reappointed Richard Oberreiter and appointed Thomas Eastmond (at -large member). Coastal/Bay Water Quality Citizens Affairs Committee (District 1) Mayor Pro Tem Ridgeway reappointed Nancy Gardner. (District 2) Council Member Proctor reappointed Alan Silcock. (District 3) Council Member Webb deferred his appointment. (District 4) Council Member Adams reappointed Bud Frenzel. (District 5) Mayor Bromberg reappointed Tom Houston. (District 6) Council Member Nichols deferred his appointment. (District 7) Council Member Heffernan reappointed Dennis Baker. Aviation Committee (District 1) Mayor Pro Tern Ridgeway reappointed Robert Shepherd and Pete Drummond (alternate). (District 2) Council Member Proctor reappointed Dan Gilliland and Tim Brown (alternate). (District 3) Council Member Webb deferred his appointments. (District 4) Council Member Adams deferred his appointments. (District 5) Mayor Bromberg reappointed John Cunningham and Craig Page (alternate). (District 6) Council Member Nichols appointed Rick Taylor and deferred his alternate appointment. (District 7) Council Member Heffernan reappointed Chuck Colesworthy and appointed Bonnie Birch (alternate). Council Member Adams requested that the City Clerk's office provide the district in which an applicant lives when forwarding committee applications to the City Council in the future. He confirmed with City Attorney Burnham that the City Council has to confirm the appointments made by the council members. Council Member Adams requested that a straw vote be taken on Council Member Nichols' appointment of Rick Taylor to the Aviation Committee: Volume 55 - Page 601 City of Newport Beach City Council Minutes January 28, 2003 INDEX The appointment was not confirmed by the following straw vote: Ayes: Heffernan, Nichols, Mayor Bromberg Noes: Ridgeway, Adams, Webb Abstain: Proctor Absent: None City Attorney Burnham requested a recess to look through the Council Policy Manual to determine whether confirmation is required. Recessed at 9:25 p.m and reconvened at 9:35 p.m. with all members present. Assistant City Manager Wood reported that the Aviation Committee resolution states that the membership will consist of one appointee from each of the seven districts to be appointed by the council member that was nominated from the district. She indicated that the resolution is silent on whether the City Council confirms the appointments. Regarding EQAC, each council member appoints one member from the district and one at -large member, and the appointments need to be confirmed by the City Council. Regarding the Coastal/Bay Water Quality Citizens Advisory Committee, the appointments do not need to come from the districts, but the appointments do need to be confirmed by the City Council. Council Member Nichols asked for a clarification on the alternate member appointment to the Aviation Committee. City Manager Bludau believed that, if the alternate is to serve in place of the person appointed, the alternate should also be from the district. City Attorney Burnham believed that Mr. Bludau's interpretation was the best interpretation of the resolution. Council Member Nichols stated that the present District 6 representatives on the Aviation Committee do not reside within the district. City Attorney Burnham agreed that the Aviation Committee membership needs to be looked at and that the current members should be advised of the requirement to live within the district from which they were appointed. He indicated that staff may need to come back to the City Council either with a revision to the resolution or a revision to the appointments so that they are consistent with the resolution. Given the new information, Mayor Bromberg requested and received confirmation from each of the council members who made appointments to EQAC that their district appointees reside in their district. Regarding the Aviation Committee, Mayor Pro Tern Ridgeway noted that he is unsure where his appointees live. He requested that staff let him know where they live and to also give him a list of the other appointees and their districts. Council Member Adams suggested that staff write a memo to the City Council outlining what districts all of the Aviation Committee appointees live in. Volume 55 - Page 602 City of Newport Beach City Council Minutes January 28, 2003 5T-I 5_5 Council Member Froctor stated that he also did not know which district his appointees reside and, therefore, deferred his appointments. Mayor Bromberg reported that both his Aviation Committee appointees live within his district. Council Member Nichols deferred his appointments, noting that Rick Taylor does not live within his district. Council Member Heffernan reported that both his Aviation Committee appointees live within his district. Mayor Bromberg requested that this item be continued to the City Council meeting of February 11, 2003, for those appointments that were deferred. Council Member Adams recommended that the language for the Aviation Committee be clarified with regard to City Council concurrence and the ambiguity about the residency of the alternate. Motion by Mayor Pro Tern Ridgeway to confirm the appointments made by each Council Member as follows: Environmental Quality Affairs Citizens Affairs Committee (District 1) Mayor Pro Tem Ridgeway's reappointment of Louis Von Dyl and Gary Borquez (at -large member). (District 2) Council Member Proctor's reappointment of Jim Miller and Nancy Raney (at -large member). (District 4) Council Member Adams' reappointment of Phillip Lugar (at -large member). (District 5) Mayor Bromberg's reappointment of Marge Pantzar (at- large member). (District 7) Council Member Heffernan's reappointment of Richard Oberreiter and appointment of Thomas Eastmond (at- large member). Coastal/Bay Water Quality Citizens Affairs Committee (District 1) Mayor Pro Tern Ridgeway's reappointment of Nancy Gardner. (District 2) Council Member Proctor's reappointment of Alan Sllcock. (District 4) Council Member Adams' reappointment of Bud Frenzel. (District 5) Mayor Bromberg's reappointment of Tom Houston. Volume 55 - Page 603 City of Newport Beach City Council Minutes January 28, 2003 n (District 7) Council Member Heffernan's reappointment of Dennis Baker. Aviation Committee (District 5) Mayor Bromberg's reappointment of John Cunningham and Craig Page (alternate). (District 7) Council Member Heffernan's reappointment of Chuck Colesworthy and appointment of Bonnie Birch (alternate). The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None MOTION FOR RECONSIDERATION City Manager Bludau stated that he wanted to make sure that the City Council understood that the resolution that was adopted in the action taken on Item No. 7 means that the City is supporting the State increasing taxes if the State no longer backfills the Vehicle License Fee (VLF). Motion by Council Member Adams to reconsider Item No. 7 (Vehicle License Fee and the State Budget Deficit). The motion carried by the following roll call vote: Ayes: Proctor, Ridgeway, Adams, Noes: Heffernan Abstain: None Absent: None Webb, Nichols, Mayor Bromberg Council Member Adams stated that the City should only be expressing its opposition to a reduction of its VLF allocation, and silent on the issue of increasing the fee or raising taxes. Motion by Council Member Adams to adopt Resolution No. 2003 -5 urging the California Legislature to reject the Governor's proposed shift of local Vehicle License Fee (VLF) revenues. Per Council Member Nichols' question, Council Member Adams explained that he is opposed to tax increases even though, in this case, it could have a negative impact on the City. Per Council Member Proctor's question, City Manager Bludau stated that the 1998 commitment to restore the VLF meant that the taxpayer would pay the entire cost if the Legislature did not fulfill its obligations. He added that he understands the direction made in the motion and that the resolution will need Volume 55 - Page 604 INDEX City of Newport Beach City Council Minutes January 28, 2003 to be rewritten. to summary, he stated that the City is urging the State to continue with the backfill. The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None R. ADJOURNMENT - at 9:50 p.m. in memory of Sean Robert Fenton. The agenda for the Regular Meeting was posted on January 22, 2003, at 2:30 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Volume 55 - Page 605 fi I"1 .