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HomeMy WebLinkAbout01 - 3-8-99Agenda Item No. 1 March 22, 1999 CITY OF NEWPORT BEACH City Council Minutes ����� Special Meeting March 8, 1999 - 11:30 a.m. INDEX LOCATION The Grill Room at the Big Canyon Country Club, 1 Big Canyon Drive, Newport Beach ROLL CALL Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: None CLOSED SESSION Adjourned to Closed Session pursuant to Section 54957 of the Government Code to consider the appointment /employment of a City Manager. CLOSED SESSION REPORT PRESENTED — done iPUBLIC COMMENTS —None — 1:30 p.m. * **W * * *- i ** * * * * * * **** * * * * * * * ** ** The agenda for the Special Meeting was posted on March 3, 1999, at 3:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 52 - Page 375 CITY OF NEWPORT BEACH City Council Minutes ����� Study Session March 8, 1999 - 4:00 p.m. INDEX ROLL CALL Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In reference to Item #3, Resolution Adjusting the Compensation of the City Clerk, Council Member Adams requested that the resolution be revised to pertain to the person and not to the position. Council Member Glover asked if for Item #12, City /County Newport Harbor Joint Powers Mooring, the issue was looked at in correlation with the tidelands issues raised earlier by Council Member Debay. Mayor Pro Tem Thomson questioned whether the agreement with IMUA in Item #7, Proposed Ordinance Allowing Overnight Vessel Storage on Beaches, creates a value for IMUA. City Attorney Burnham stated that the agreement could be modified to include a provision that would make the permit non - transferable, therefore assuring that value will not be created for IMUA by allowing overnight boat storage. Mayor Pro Tem Thomson requested that the support services contract to Bucknam & Associates, as outlined in Item #11, Professional Services for Program Management Associated with Federal Funding Appropriation Request for FY 1999 -2000 for Water and Wastewater Infrastructure Systems, be modified to "not to exceed $14,500 ". Council Member Debay referred to Item #13, American Red Cross Shelter Facility Agreement, and announced that the Disaster Preparedness Coordinator will be meeting with Neighborhood Watch at 5:30 p.m. on March 9, 1999. Council Member Ridgeway confirmed with Fire & Marine Chief Riley that Item #16, Budget Amendment for Paramedic Training, involved both a revenue factor and a cost factor. Fire & Marine Chief Riley stated that the net cost, exclusive of the revenue adjustment, was approximately $107,000. Council Member Ridgeway inquired about Item #7, and confirmed with Fire & Marine Deputy Chief Melum that a number of beaches throughout the City already have boats stored year- round. Fire & Marine Deputy Chief Melum explained that there are two types of moorings in the City - offshore and on- shore. He stated that the on -shore moorings provide a post on the Volume 52 - Page 376 • 0 0 City of Newport Beach City Council Minutes March 8, 1999 beach, to which a boat is connected. He said that this is permitted with the boat owner paying a fee to the City to occupy the space. Also in reference to Item 47, Council Member Debay confirmed with Fire & Marine Deputy Chief Melum that there is a twenty- minute time limit for boats to be docked at City piers. 2. UNDERGROUND UTILITIES IN WEST NEWPORT (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 69). Public Works Director Webb stated that staff is asking for guidance from the City Council as to whether the City should move forward with the assessment district or wait for additional requests from the public asking that it be created. Public Works Director Webb stated that there seems to be a good feel from the public about the district. He stated that if staff is directed to move forward, the next step would be for the City to get formal estimates from Edison and Pacific Bell, and advance the money for the design. Public Works Director Webb stated that the district is a long district, broken up into seven sections. He stated that the most difficult section to obtain approvals for is Section G, which runs along the Ocean Front alley from 34th Street to 23rd Street. He stated the difficulty lies with the fact that the area is primarily comprised of rental properties, so that signatures from homeowners are hard to obtain. Public Works Director Webb stated that representatives from the Edison Company were available at the meeting to answer any questions. Mayor O'Neil suggested that Assessment District No. 82 in Corona del Mar also be discussed at the current meeting. Council Member Debay pointed out the before and after pictures provided at the meeting and the impact the undergrounding of utilities will have on the area. She added that undergrounding the utilities will make the area safer during an earthquake due to the liquefaction problem in the area that would cause the overhead wires to fall. In addition to beautification and fire safety, the undergrounding of the utilities would aide the City in complying with ADA (Americans with Disabilities Act) requirements, since it would open up space on the sidewalks. Council Member Debay stated that the City has some responsibility to meet the ADA requirements, explaining why the sidewalk improvements have been included in the assessment district. She is also hoping that funding from other sources will be obtained. Council Member Ridgeway asked Public Works Director Webb if Section G could be pulled out of the district at the last minute if it did get the required number of signatures. Public Works Director Webb stated that it would be possible, but that it would be better if the City approached the public with a set boundary, even if it meant making Section G its own district. Volume 52 - Page 377 INDEX Assessment District 69 West Newport Underground Utilities (89) City of Newport Beach City Council Minutes March 8, 1999 INDEX i Council Member Ridgeway stated that he understands that Proposition 218 allows for a simple majority to approve a district. Public Works Director Webb agreed and added that an active negative group can just as easily overturn the approval of a district. Council Member Ridgeway confirmed that the votes from Section G would be averaged in with the entire district, if the current boundaries are used. Mayor O'Neil added that the City Council could modify the boundaries at a later date. Council Member Glover stated that she understands that the City would not be reimbursed for the cost advancement if the district were not approved. She commended the citizens who have been working on making the district a reality. Council Member Glover asked about the possibility and cost of having the utilities, Citywide, undergrounded. Acting City Manager Danner stated that staff would have to calculate the cost, but he feels that it would be legal. Referencing the time it has taken to pursue Assessment District No. 69, Council Member Glover suggested that if the City were more involved, the process might move along quicker. She stated that she would like to look into this matter further. Council Member Ridgeway stated that the cost to the citizens is really the bottomline in getting a district approved. He stated that the overall benefit is more obvious and easily accepted, but it is very time - consuming to get people to commit the dollars. Dana Krager, 4831 Lido Sands Drive, provided some history on the assessment district. She stated that the effort to underground the utilities in West Newport has been taking place since 1991. She said that the community would realize an increase in safety, aesthetics, property values, public perception and community pride. She added that West Newport is unique in its diversity, which is one reason the district was divided into seven sections. She said that the district would be one of the largest in the City. She stated that although there have been many changes and obstacles since the initiation of the district, the support for the district remains. She added that the subdivisions and the size of the district reduce the financial liability to the City. Ms. Krager requested the City Council's approval of the assessment district. Carol Stockham, 4912 River Avenue, stated that she agrees with Council Member Debay that the undergrounding would increase the safety in the area. Ms. Stockman read from a letter submitted to the Daily Pilot by Kathleen Cooper. The letter addressed the issue of safety and accessibility in the area, and the fact that the sidewalks in West Newport were grandfathered into current code requirements. Susan Rinek, 5019 Lido Sands, stated that she is in support of undergrounding the utilities in the area because of the beautification factor. She stated that she feels that West Newport needs to be improved to bring it inline with the rest of the City. She stated that undergrounding the utilities Volume 52 - Page 378 City of Newport Beach City Council Minutes March S, 1999 will be a part of this effort. Mayor O'Neil stated that he feels that the City Council believes this is a worthwhile project and that the next steps should be approved. He requested that City Attorney Burnham ask the bond counsel what time frame the City Council has for possibly changing any of the district boundary lines. John Durio, 215 Jo Anne Place, stated that he agrees that the sidewalks in the area are too narrow, and he believes that everyone in the area would be for the undergrounding if the price were right. He stated that since he's been in the area for so long, the assessment currently being proposed would double the taxes he pays each year. Mr. Durio stated that the current situation should never have come about, and that Edison and Comcast should have to contribute to the funding of the district. He stated that he also needs to understand what type of upgrade will be required on his property if the lines are undergrounded. Max Morgan, 129 315t Street, commended those that have assisted with the project. He stated that recently they obtained a list of the current owners in the area. Mr. Morgan stated that he is in Section G and it's difficult to get the support in the area, but that it has improved over time. He wants to see the assessment district move forward. Martha Durkee, P. O. Box 3353, stated that she feels that people do not • know the total cost they will incur. She requested that the cost be thoroughly outlined for the citizens. Public Works Director Webb responded to some of the earlier questions. In reference to Mr. Durio's question, he stated that a permit will be required as part of the new connection. He stated that the Building Department will determine if the wiring in each house is up to current code, but will not require rewiring as long as it is safe. In response to Ms. Durkee's request that the costs be given upfront, Public Works Director Webb stated that an estimate will be provided, but that an exact cost can not be determined until the final engineering plans are finished, bids have been received and the final formation of the district takes place. Council Member Ridgeway stated that citizens in the district do need to understand that there is an additional cost to the assessment district cost, which is the hook -up cost. He stated that this hook -up cost includes undergrounding the wire at the property line to the property and the permit fees required by the City. Motion by Council Member Debav to direct staff to move forward with Assessment District No. 69 between the Santa Ana River and 23rd Street and obtain design costs from the utility companies and bring back to the City Council for consideration of funding options to advance these costs; review the status of the other assessment districts; and direct staff to put together a Question & Answer sheet to cover general questions to be distributed Volume 52 - Page 379 INDEX City of Newport Beach City Council Minutes March 8, 1999 INDEX throughout the District. • City Attorney Burnham responded to an earlier question by stating that the boundaries of the district can be changed after the resolution of intention is adopted, but that it is more difficult to do so. Public Works Director Webb stated that the status reports of the other assessment districts have been provided, that Dick Hoffstadt was available to answer questions about Assessment District No. 82 and that the Edison representative was available to possibly provide information about the length of time it takes to design a district. Without objection, the motion carried by acclamation. I {im Barone, Regional Manager with Southern California Edison, stated that Southern California Edison is committed to continuing its work with the City and putting together the additional resources needed for the new district. She introduced Larry Jones, Manager of Electric Distribution Group, Al Ohara, Service Planner for the City of Newport Beach, and Chuck McI {immey, Rule 20 Undergrounding Project Management Group. Ms. Barone responded to Mayor O'Neil's question about Assessment District No. 82. She provided a copy of the red line for the design of the project. She said that once the approval for the red line is received from the City, Edison will go forward with the blue line and the final engineering design. Public Works Director Webb added that once Edison has completed their portion of the plans, then the telephone company will move forward with theirs. He said that a joint review of both plans will then follow. Mayor O'Neil confirmed that these steps will take approximately six months to one year, and must be completed before construction can begin. Council Member Debay asked Ms. Barone if outside help could be contracted to keep the pace of the projects moving forward more quickly. Ms. Barone stated that Edison will continue to do all they can to make sure the projects happen as quickly as possible. Ms. Barone stated that each district is unique in its physical characteristics, so that a standardized cost estimate cannot be used. Council Member Debay provided Ms. Barone with some pictures of the area and asked that she respond to Edison's responsibility in the area of ADA requirements. Ms. Barone stated that no streetlights or poles can be put in public right -of -way without City permission. Mayor Pro Tem Thomson asked about the cable company and how the undergrounding occurs. Public Works Director Webb stated that the cable companies are required to underground their facilities at their own expense once the other utilities in the area are undergrounded through the assessment district. He added that all undergrounding would occur at the same time. • Volume 52 - Page 380 0 E J City of Newport Beach City Council Minutes March 8, 1999 Mayor Pro Tem Thomson stated that he is waiting for the year 2002 when the franchise agreements with the cable companies expire to make some other changes. Council Member Debay thanked Dana Krager and the others involved for their hard work. TIDELANDS ADMINISTRATION. Fire & Marine Chief Riley stated that the project was begun in 1997 to update the "Patterson Map ", identifying the City's tidelands boundaries. In 1998, staff was directed to prepare a report on how the tidelands were administered. At the goal setting session on January 30, 1999, key issues were identified. The five issues that would be discussed today included administration, equity, monitoring, current cost recapture and future cost recapture. Fire & Marine Chief Riley referred to the staff report. Fire & Marine Chief Riley stated that Fire & Marine Deputy Chief Melum, Assistant to the City Manager Kiff, Public Works Director Webb and City Attorney Burnham assisted in the preparation of the staff report. Fire & Marine Chief Riley stated that the first issue he wanted to discuss was the issue of equity, which includes the mooring fees, residential fees, current commercial permits and the methodology used for establishing fees and permits. Fire & Marine Chief Riley stated that the second issue to discuss was the administration of commercial activity. He stated that currently there are 66 people with commercial harbor permits. He stated that there are also several tideland lease users, which vary in type. Fire & Marine Chief Riley referred to information provided in the staff report. He stated that staff is looking for direction from the City Council as to whether they want to continue with commercial harbor permits based on uses or migrate towards additional leases. Council Member Ridgeway asked if what other jurisdictions charge and how they administer their programs had been looked at. Fire & Marine Chief Riley stated that a study was done to look at commercial leases versus permit activities and it was found that, on the California coast, Newport Beach was the only coastal tidelands administrator that still uses a commercial permit system. He stated that everywhere else, a lease system is used. He added that they have not done a study on how other jurisdictions factor or design their leases. Council Member Ridgeway asked what other jurisdictions have done and what type of methodology they have used to obtain a rental rate. Fire & Marine Deputy Chief Melum stated that two methods are used: appraisal of the properties and in -house economic analyses. He stated that most are established through appraisal. Council Member Ridgeway asked for further clarification. Fire & Marine Deputy Chief Melum stated the City's charge of twenty -eight cents (28¢) per Volume 52 - Page 381 INDEX Tidelands Administration (51) City of Newport Beach City Council Minutes March 8, 1999 INDEX square foot is unique, and factors in an adjustment for the City not owning the uplands. He added that other jurisdictions, after the appraisal, use a percentage of gross. Council Member Ridgeway suggested that the City use a percentage of gross also. Fire & Marine Deputy Chief Melum said the City could use a percentage of gross and still stay with a permits system. Council Member Ridgeway stated that he feels that some properties will be difficult to use a percentage of gross, but he doesn't feel that the City should continue using a per square foot fee either if no one else is doing it. Fire & Marine Deputy Chief Melum stated that other jurisdictions can more easily use a percentage of gross because they usually own the uplands. He added that an appraisal could be done that takes this into consideration, as well as the nature of each type of business. In response to Mayor Pro Tern Thomson's question, Fire & Marine Deputy Chief Melum stated that the per square foot fee was set in 1979 at eight cents (8¢) per square foot, adjusted annually for CPI, reappraised in 1989 to twenty -one cents (21¢), and is currently twenty -eight cents (28¢) based on annually adjustments for CPI. Mayor O'Neil asked if a form -type lease could be used for the various types of operations if the City Council decided to direct staff to move from permits to lease arrangements. Fire & Marine Chief Riley stated that a standardized lease could be formulated, with a variance for the exceptions. He added that there are basically six types of uses, which could be established by appraisal. • He suggested that six lease values could be determined, with exceptions handled individually. Council Member Ridgeway stated that Lido Marina Village is an example of a property where the City could be making more revenue if a percentage of gross were used. He added that although there are uplands that the City does not own, the City does own the roads and services leading to those uplands and should receive revenue accordingly. Council Member Glover stated that she had previously asked staff to look at Long Beach and how they structured their leases. She suggested that all of the City's leases should be based on appraisals, whether the City owns the uplands or not. Fire & Marine Chief Riley stated that an appraisal could be done for each individual lease or a blanket -type appraisal could be done to give a broad picture, or a combination of both could be used. Council Member Glover stated that two factors would affect the decision on whether to do an appraisal: longevity and long -term revenue. And, she added that two appraisals may need to be used in some situations. Council Member Ridgeway stated that an appraisal will establish a base rate and the City would add a percentage rental to it. Mayor Pro Tern Thomson asked the reason for looking at this issue. Fire & Marine Chief Riley stated that the reason was to establish equity, as well as . to comply with Council Policy requiring the City to do a blanket appraisal for Volume 52 - Page 382 0 City of Newport Beach City Council Minutes March 8, 1999 INDEX commercial permit activities every ten years. Additionally, he stated that it was also affected by the City Council's concern over the handling of the Lido Marina Village lease negotiations. Mayor Pro Tem Thomson summarized the reasons by stating that the City's attempt is to get fair value for the various uses, rather than just raising fees as high as allowable. He said he would prefer this to be true. Fire & Marine Chief Riley stated that staff is looking to receive direction from the City Council. Council Member Debay stated that the consideration is also based on the tour boats that utilize private docks. Fire & Marine Chief Riley stated that the issue falls under charter operators' permits and is not a part of the report being reviewed. He stated that it should be added, so that the overall picture can be looked at. Fire & Marine Deputy Chief Melum added that there are two types of permits for the charter operations. The other one being the commercial activities permit which is site specific. He added that some of those permittees might be operating as passenger terminals. Council Member Noyes added that another reason to look at this issue is to incorporate future costs to the City. And, referring to the mooring fees chart in the staff report, he confirmed with Fire & Marine Chief Riley that, although the County only has eighteen moorings in the harbor, they are at a higher amount. is Council Member Noyes asked why the Yacht Basin was not listed as a comparable in the comparison chart on thirty -foot vessel storage in the staff report. Fire & Marine Chief Riley stated that a marina to marina comparison was not done, but that it showed what the tidelands user pays versus what the City receives. Council Member Ridgeway stated that the equity issue is also a budget deficit item issue for the City. He referred to the information in the staff report that indicated that the City spends $12 million per year on the tidelands, but receives only $6 million in revenue. Fire & Marine Chief Riley moved on to the next issue, which pertained to how the City monitors tidelands activity. He stated that, historically, staff has taken a fairly low -key approach. He stated that they have done safety inspections of docks during construction, modification or repair, and inspections on an as- needed or requested basis. He stated that staff is looking for direction from the City Council as to whether a more comprehensive inspection program should be implemented. Council Member Ridgeway suggested that if the City went to a lease program, an audit could be done which would evaluate the operations. Fire & Marine Chief Riley stated that the final issue before the Council at the current meeting was the issue of future costs. He referred to the staff report, which covered what the potential costs would be. He stated that these cost estimates should be considered when providing direction. Volume 52 - Page 393 City of Newport Beach City Council Minutes March 8, 1999 INDEX Council Member Ridgeway stated that he disagreed with most of the recommendations in the staff report. Mark Kehke, Balboa Island resident, expressed his concern over the on- shore moorings on Balboa Island. He noted that the waiting list for these moorings is very long, but that some people expedite the process by buying a boat already moored and transferring the mooring rights over to themselves. Mr. Kehke suggested that the fees could be higher than they currently are. Council Member Ridgeway also suggested that maybe a transfer fee could be charged. Council Member Ridgeway stated that throughout the meeting, direction has been given to the Fire & Marine Department. He stated that, specifically, they should look more closely to moving towards commercial leases, and at a methodology for the commercial permits, which should also begin evolving into leases. He stated that he likes the 25 -year maximum suggested in the staff report for tidelands lease terms. Mayor O'Neil stated that the City should look at appraising the fees. He suggested that as the appraisals go forward, he thinks the City Council should have input on which appraisers are used. Mayor O'Neil agreed with Council Member Ridgeway that more leases should be used and less permits. He also suggested that the City Attorney be instructed to work with staff on the various forms of leases. Additionally, he suggested that staff attempt to have the commercial operators share in the cost of the appraisals. Mayor O'Neil agreed that leases might enable the City to better control compliance and monitoring issues. He agreed that the City is not attempting to raise revenue, but only to become more fair and equitable. He added that the City, as the trustees of the tidelands, has the responsibility to receive fair market value for allowing the public to use the tidelands. He agreed that the public should not be allowed to trade public tidelands to their advantage. He said the users of the water areas should pay for the increased costs that the City will face in the future. Council Member Glover asked if the permit areas have been identified, and if staff could recommend which ones should be changed to leases. Fire & Marine Chief Riley stated that when staff comes back to the City Council for concurrence on the appropriate appraisers, that possibly staff could also provide a methodology for categorization of leases. Mayor Pro Tem Thomson suggested that more information should be provided to the City Council before specific direction on policy is given to staff. City Attorney Burnham stated that the City Council is not required to make a motion at the current meeting, and that staff has the direction it needs. He stated that staff could gather more information, respond to some of the issues discussed and that a formal decision could be made later. Mayor O'Neil stated that the methodology used to determine the value of the tidelands is very important, and needs to be reviewed. He feels that the Volume 52 - Page 384 City of Newport Beach City Council Minutes March 8, 1999 tidelands have great value in themselves. Mayor Pro Tern Thomson, referring to the discrepancy in revenue and costs, stated that in addition to looking at increasing revenues, the City should also look at decreasing costs. City Attorney Burnham stated that his understanding is that the City Council also wants to look at leases in terms of the way they can be used to achieve water quality objectives and possibly controlling water uses. Mayor Pro Tern Thomson emphasized that the attitude should be to achieve the highest water quality possible. PUBLIC COMMENTS There were no public comments at this time. Council Member Debay thanked the City Council for their assistance earlier in the meeting in moving forward on the undergrounding of utilities in West Newport forward. ADJOURNMENT - 5:55 p.m. The agenda for the Study Session was posted on March 3, 1999, at 3:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The revised agenda for the Study Session was posted on March 5, 1999, at 3:20 p.n-L on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 52 - Page 385 INDEX CITY OF NEWPORT BEACH City Council Minutes ®���� Regular Meeting March 8, 1999 - 7:00 p.m. INDEX STUDY SESSION - 4:00 p.m. [Refer to separate minutes] CLOSED SESSION CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: None Pledge of Allegiance - Council Member Adams. Invocation by Dr. Richard Todd of St. Andrews Presbyterian Church. Presentation by the California Department of Conservation, Division of Oil, Gas and Geothermal Resources. Richard Manuel presented the City with a certificate for its "Two Consecutive Years of Outstanding Lease Maintenance of the West Newport Oil Field ". Without objection, Mayor O'Neil requested that Item S27 be brought up at this time. S27. ANNOUNCEMENT OF APPOINTMENT OF CITY MANAGER AND APPROVAL OF EMPLOYMENT AGREEMENT. Mayor O'Neil reported that Council unanimously selected Homer Bludau, current City Manager of Coronado, as the new City Manager and that his first day is May 3. Motion by Mavor O'Neil to appoint Homer Bludau as the new City Manager and approve the employment agreement. Mr. Bludau stated that Newport Beach sets a standard for quality of life that is unsurpassed and that he is looking forward to preserving and enhancing the City where possible. He also stated that he has heard wonderful things about City staff and is looking forward to doing Council's work. Without objection, the motion carried by acclamation. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON - DISCUSSION ITEM): Volume 52 - Page 386 C -3262 City Manager Employment Agreement (38) 1 J 0 11 City of Newport Beach City Council Minutes March 8, 1999 Council Member Debay requested a report regarding the Y2K compliance of the banks/companies that the City utilizes. Acting City Manager Danner stated that he wrote a report to staff last week and will give copies to Council. Council Member Ridgeway suggested conducting a study on the DARE Program to include grades past the 6m grade. He recommended that the Newport -Mesa Unified School District co -fund this program. CONSENT CALENDAR - Without objection, Mayor O'Neil stated that it is his intent to delay discussing the pulled Consent Calendar items until Item 23, Newport Beach Little League Lincoln Athletic Center Field Requests, is discussed. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING (STUDY SESSION) OF FEBRUARY 22, 1999, REGULAR MEETING OF FEBRUARY 22, 1999, AND SPECIAL MEETING (CLOSED SESSION) OF FEBRUARY 23, 1999. Waive reading of subject minutes, approve as written and order filed. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTIONS FOR ADOPTION 3. Removed at the request of Council Member Adams. 4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISES TO GREENLEAF GRADING COMPANY, THE LANE COMPANY, AND BRIGGEMAN DISPOSAL SERVICES. Adopt Resolution of Intention No. 99.13 declaring the City's intention to conduct a public hearing on March 22, 1999 to consider granting of a Non - exclusive Solid Waste Franchise to Greenleaf Grading Company, The Lane Company, and to Briggeman Disposal Services, Inc.; and introduce Ordinance No. 99 -5 granting a Non - exclusive Solid Waste Franchise to Greenleaf Grading Company, The Lane Company, and Briggeman Disposal Services, Inc., and pass to second reading on March 22, 1999. 5. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT, ANNUAL REPORT FOR 1999 -2000 FISCAL YEAR, DISTRICT RENEWAL, AND ADOPTION OF RESOLUTION OF INTENTION FOR 1999 -2000 FISCAL YEAR. Approve Balboa Village Business Improvement District Annual Report; and adopt Resolution of Intention No. 99 -14 and set public hearing for March 22, 1999. RESOLUTION NO. 99 -15 APPROVING THE AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR THE ORANGE COUNTY REGIONAL AIRPORT AUTHORITY. Adopt Resolution. Volume 52 - Page 387 INDEX Res 99 -13 Ord 99 -5 Solid Waste Collection Franchises (42) Res 99 -14 Balboa Village BID (27) Res 99 -15/C -2986 OC Regional Airport Authority (OCRAA) (38/54) City of Newport Beach City Council Minutes March 8, 1999 INDEX . ORDINANCE FOR INTRODUCTION 7. Removed at the request of Mayor Pro Tern Thomson. CONTRACTS AND AGREEMENTS 8. BALBOA ISLAND BAYFRONT REPAIRS (C -3166) — COMPLETION C -3166 AND ACCEPTANCE. Accept the work; authorize the City Clerk to file a Balboa Island Notice of Completion; authorize the City Clerk to release the bonds 35 days Bayfront Repairs after the Notice of Completion has been recorded in accordance with (38) applicable portions of the Civil Code. 9. SEISMIC RETROFIT OF NEWPORT ISLAND AND LIDO ISLE C -2804 BRIDGES (C -2804) - COMPLETION AND ACCEPTANCE. Accept the Seismic Retrofit/ work; authorize the City Clerk to file a Notice of Completion; authorize the Newport Island & City Clerk to release the bonds 35 days after the Notice of Completion has Lido Isle Bridges been recorded in accordance with applicable portions of the Civil Code. (38) 10. BALBOA BOULEVARD REHABILITATION, MAIN STREET TO "G" C -3176 STREET (C -3176) - APPROVAL OF PLANS AND SPECIFICATIONS Balboa Blvd. AND AUTHORIZATION TO ADVERTISE. Approve the plans and Rehabilitation specifications; and authorize the advertising for bids. (38) 11. Removed at the request of Mayor Pro Tern Thomson. 12. CITY /COUNTY NEWPORT HARBOR JOINT POWERS MOORING. C -2241 Authorize the Mayor and City Clerk to execute a five year extension to the JPA Newport Harbo Joint Powers Agreement for mooring administration in Newport Harbor. Mooring Admin. (38/51) 13. Removed at the request of Council Member Debay. MISCELLANEOUS ACTIONS 14. Removed at the request of Council Member Noyes. 15. BUDGET AMENDMENT (BA -049) IN THE AMOUNT OF $3,800 TO BA -049 APPROPRIATE FUNDS FROM THE CALIFORNIA STATE LIBRARY State Library STATE FUNDS 1998/99 FAMILIES FOR LITERACY TO VARIOUS Donation EXPENDITURE ACCOUNTS. Approve BA -049. (40/50) 16. Removed at the request of Council Member Ridgeway. 17. 2209 PACIFIC DRIVE — VARIANCE NO. 1158 — APPROVE Variance 1158 IMPROVEMENT PLANS AND SPECIFICATIONS. Approve the 2209 Pacific Drive improvement plans and specifications and accept the public improvements (91) constructed in conjunction with Variance No. 1158; authorize the City Clerk to release the faithful performance surety in the amount of $10,000; and authorize the City Clerk to release the labor and material surety in the amount of $10,000. Volume 52 - Page 388 0 r1 L_J 0 City of Newport Beach City Council Minutes March 8, 1999 18. TRACT NO. 14989 LOCATED AT THE NORTHEASTERLY CORNER OF JAMBOREE ROAD AND UNIVERSITY DRIVE (Irvine Apartment Communities, L.P., Newport Beach - Developer). a) Approve an encroachment agreement with the Irvine Apartment Communities, L.P., for construction and maintenance of non - standard improvements within the private entry street constructed with Tract No. 14989; authorize the Mayor and City Clerk to execute the encroachment agreement; and authorize and direct the City Clerk to have the encroachment agreement recorded with the Orange County Recorder; b) approve a sewer lateral maintenance agreement with the Irvine Apartment Communities, L.P., which was constructed with Tract No. 14989; authorize the Mayor and City Clerk to execute the agreement; and authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder; c) approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 14989; d) authorize the City Clerk to release the faithful performance bond (Bond No. 16- 39 -95); and e) authorize the City Clerk to release the labor and material surety (Bond No. 16- 39 -95) in six months, provided no claims have been filed. 19. UNDERGROUNDING OF UTILITIES IN THE ALLEY BETWEEN OCEAN BOULEVARD AND OCEAN FRONT AND BETWEEN "G" STREET AND CHANNEL ROAD ON PENINSULA POINT (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 86). Authorize a Budget Amendment (BA -050) to appropriate $52,641.25 in the Assessment District Capital Project fund to proposed Assessment District No. 86, Account No. 7401- C5100490; and authorize the City Manager to execute a Professional Services Agreement with Harris & Associates in an amount not to exceed $25,500 for assessment engineering services. 20. REQUEST OF NEWPORT RESTAURANT PARTNERSHIP, D.B.A. HOOTERS RESTAURANT, TO MODIFY AND REMOVE CONDITIONS ON ITS ALCOHOLIC BEVERAGE LICENSE. Authorize the Mayor to forward a letter to the Department of Alcoholic Beverage Control objecting to the requested modification and removal of conditions. 21. HARBOR PERMIT APPLICATION 151 -1311 BY LARA VANCE, AND 151 -140 BY LEE SUTHERLAND, TO BUILD NEW RESIDENTIAL PIER AND FLOAT BAYWARD OF 1311 NORTH BAY FRONT AND 1401 NORTH BAY FRONT, BALBOA ISLAND. Approve the applications subject to the following conditions: 1) Approval by the Army Corps of Engineers; 2) approval by the California Coastal Commission; 3) approval of plans and specifications by the City's Public Works Department, and 4) abandonment of applicants' shore moorings in the area where the new piers would be built. 22. ENVIRONMENTAL NATURE CENTER/REQUEST TO WAIVE FEES. Grant the request of the Environmental Nature Center and NMUSD to waive subdivision and planning fees related to their proposed parcel map. Motion by Mayor Pro Tem Thomson to approve the Consent Calendar, except for those items removed (3, 7, 11, 13, 14, and 16). Volume 52 - Page 389 INDEX IT 14989/C -3263 Irvine Apartment Communities/ Encroachment Agreement/ Sewer Lateral Maintenance Agreement (TT/38/65) BA -050 /C -3261 Assessment District 86 Peninsula Point Underground Utilities (38/40/89) UP 1581A Alcoholic Beverage License/ Hooters Restaurant (68/88) Pier Permits 1311 North Bay Front/ 1401 North Bay Front (51) Environmental Nature CenterlParcel Map (84) City of Newport Beach City Council Minutes March 8, 1999 objection, the motion carried by acclamation. CURRENT BUSINESS 23. NEWPORT BEACH LITTLE LEAGUE LINCOLN ATHLETIC CENTER FIELD REQUESTS. Community Services Director I{ienitz stated that the Lincoln Athletic Center is one of the major athletic facilities in the City and has been leased from the School District for over 10 years. Senior Recreation Manager Hunt reported that the Newport Beach Little League's (NBLL) request for a permanent scoreboard and seasonal utilization of lights on Friday nights until 9:45 p.m. was approved by the Parks, Beaches & Recreation Commission (PB &R) on February 2. However, citizens appealed this ruling to Council and the request has subsequently been modified to not include Saturday night use. He stated that NBLL is co- sponsored by the City and that the use of lights goes back to 1974. Mr. Hunt discussed the location of the scoreboard and stated that the School District has approved the site since it will not block play at any of the other fields. The final decision will go to the Division of State Architects through the School District. Regarding lighting the field, it has historically been Monday through Thursday nights and Friday night requests have been generally approved through PB &R. He stated that it was his understanding that having an impact report was not needed and all other requests are exempt since NBLL retracted Saturday night usage. In response to Council Member Ridgeway's question, Mr. Hunt stated that NBLL had the proper permits from the Community Services Department for their opening day ceremony and that one condition was that they notify those affected by the activity. It was his understanding that this was done. Nancy Peters, 8 Crest Circle, strongly urged Council to deny NBLL's request since the noise, traffic, and lighting have increased since she purchased her house. She believed that the Lincoln Athletic Center and school are not being used in the same way as when she purchased her house 10 years ago. She stated that she did not make a choice to live next to such a facility as it is today. Ms. Peters took issue with NBLL President John Della Grotta's letter to Council which states that the residents' concerns are "nonsensical" and that the City should have an electronic scoreboard because other cities have them. She stated that this should not compel Council to make such a detrimental decision and that the special interests should be balanced also with the residents' quality of life. Ms. Peters stated that the lights are intrusive and shine into her bedroom. Further, that the loudspeakers end up rattling her windows. She likened this to living with an advertising billboard and expressed concern with the effects these and other changes may have on her property value. Charles Gross, 2001 Yacht Mischief, representing the Seaview Lutheran Plaza and the Lutheran Church of the Master, believed that the reason for making improvements is to enhance it and bring more people into the area Volume 52 - Page 390 INDEX Lincoln Athletic Center (62) • 0 • City of Newport Beach City Council Minutes March 8, 1999 and that Mr. Della Grotta indicated that the previous improvements would be the last they were going to do. He stated that someone also told him that the property owners were responsible for any problems at the field and felt that this was unfair. He reported that the Police Department subsequently conducted a survey of parking adjacent to the Lincoln Athletic Center and that the Seaview Lutheran Plaza set up a meeting for all involved. Mr. Della Grotta received a written invitation and he even tried to call him at his office, but he did not attend. Mr. Gross stated that the people at that meeting came to a tentative agreement that, if there was an exchange of information between the involved properties and the people involved, there probably would not be any problems in the future. He stated that the Plaza and the Church have no problems with the lights or the noise; however, the problem was that they received no notification about the opening day ceremony and that the Church had to post their own member in the parking lot to ensure that there were no NBLL vehicles in the lot. He requested that Council review his letter, believing that the way this was done significantly violates the policies of the City. Council Member Ridgeway stated that he was in the area during the day and observed severe traffic due to parents and buses. Mr. Gross stated that the Plaza is required to have tenant parking and that the school is not. Regarding that moment of the day, Mr. Gross indicated that it did not pose a problem since the Church had nothing going on at that time. Discussion ensued relative to Mr. Gross' relationship with the Plaza and the Church, and the number of parking spaces that the Plaza permits the Gelson Market to utilize. Tim Pinkerton, 22 Crest Circle, took issue with a letter from Mr. Della Grotta to Mr. Hunt which indicates that NBLL already trenched and ran wires to the base and light standard. He stated that the project was not approved at that time and asked if this was common practice. Regarding the scoreboard, Mr. Pinkerton stated that, although the scoreboard will be moved further away from residents, it becomes more visible to the residents. He indicated that NBLL stated to PB &R that Friday night use was strictly for makeup games and practices and took issue with the increase in the number of teams. He believed that all these problems will affect their quality of life and asked if there had been any attempt to put shields on the lights or update them. He expressed the opinion that it was sad that developers and businessmen were using sympathy and children to sway Council. He recommended tabling this until other alternatives are explored, like moving to one of the new parks or Corona del Mar High School. In response to Council Member Ridgeway's questions, Mr. Pinkerton stated that the wall that was built behind his house was a dedication wall; that the scoreboard can be seen from his back window but could be blocked by foliage; and that he moved to the area in 1995. Michael Orosco, 2007 Seadrift, stated that he would like a scoreboard because they never had one. He reported that, in order to see the scores now, players have to run out of the dugout to view it. Volume 52 - Page 391 INDEX City of Newport Beach City Council Minutes March 8, 1999 INDEX Connor Frazen stated that they are not trying to block people's views but are . just trying to play. He indicated that the way the scoreboard is now, viewing it interrupts the play of game. John Della Grotta, 1939 Port Bishop Place, President of the Newport Beach Little League, indicated that the lights are not a new issue since NBLL has had approval for them for the past 4 years and that they depend on them for practices and games. He stated that there is an increase in field usage because there has been an increase in the number of children in the area, pointing out that Newport Beach also services Newport Coast and Bonita Canyon. He believed that they should not be penalized for wanting to participate in youth sports activities. Further, there are no alternatives since Corona del Mar High School does not have a field and since there are no other lighted fields in the City that are not being used all the time. He noted that the lights remain on until 10 p.m. at the Bonita Creek Park due to adult softball. Regarding the scoreboard, Mr. Della Grotta stated that all fields from youth to major leagues have them and that they are an enhancement to the overall feel of the game. He reported that they conducted a phone survey of surrounding areas and found that 13 fields have electric scoreboards. He believed that the Lincoln Athletic Center has more than enough room for a scoreboard. He reported that NBLL has spent over $120,000 over 2 years to build a baseball facility that can also be used by the school. Further, over 10,000 square feet of pathways /walkways have been installed; a dedication wall has been erected; and trees and landscaping have been planted. He indicated that the new fields at the "banana belt" will be great and they are anxious to use it; however, it will not be enough. In response to Council Member Glover's questions, Mr. Della Grotta indicated that the only thing NBLL will be putting up that is new is the scoreboard and that the letter to Mr. Hunt dealt with wiring for the scoreboard. He indicated that they have been able to have Friday lights on until 9:45 p.m. for the past 4 years and that NBLL is just asking Council to agree to the present practice. In response to Council Member Ridgeway's questions, Mr. Della Grotta indicated that the trees near the dedication wall are mature 36- gallon, 12 -foot trees. Jamie I{line, 1957 Port Chelsea Place, expressed hope that Council will support NBLL. He stated that it is important that children of Newport Beach be able to use City parks to the fullest extent. Further, he cannot understand why someone who bought a house across the street would want to limit how the park is used and how one or two people can take away from the enjoyment of hundreds of children. Nikolas Palchikoff, 35600 Seabreeze Lane, agreed with Jamie and wondered how someone could buy a house across from a park if they wanted to take away from the park after they move in. He stated that it was obvious by the numbers tonight how much desire there is for a scoreboard, noting that millions of people across the world have them. Nikolas indicated that even people who have nothing to do with the league watch the games because it is fun. He suggested that, instead of finding things they do not like, people Volume 52 - Page 392 1] City of Newport Beach City Council Minutes March 8, 1999 INDEX could pick a favorite team and have fun with it. Tyler Ellis described the antiquated scoreboard and the difficulty in viewing it at night. He expressed the opinion that a new scoreboard will be easy to see, especially if it is electric. Jeff Bloom, 1919 Chubasco, believed that the scoreboard creating a detrimental impact to the homeowners is inconsequential since the lights are on at the same time as the scoreboard. Robert Kopicki, 10 Crest Circle, stated that the issue is not just the scoreboard but that NBLL also plans more additions to the Lincoln Athletic Center which he also object to, specifically a barbecue pit and 2 powered batting cages. He indicated that he does not object to the scoreboard lights and the evening lights but believes that the scoreboard commercializes the whole field and is an eyesore to the residents. He stated that his home is directly across the street from the Lincoln Athletic Center and that they have lived there since 1982, prior to the field, the center, the lights, and Field 2 being there. He stated that he does not have any problems with anything that goes on at Field 1 and that he would not even object to NBLL extending lights to Saturday and Sunday nights on this field. Mr. Kopicki asked Council to help mediate a disagreement between the residents and NBLL, believing that NBLL has not been a good neighbor. He stated that the residents favor limited expansion and moderate usage control so not to negatively impact the quality of life of the surrounding residents. He stated that there is support from the entire community and that he has a petition from 80 people. He emphasized that they are not opposed to NBLL or other team sports, or to extending the lighting in Field 1. They are opposed to the increased usage of the lights on Friday and Saturday nights beyond what has been done in the past and reported that lights had previously been turned off on Friday nights at 8 p.m., not 9:45 p.m. Mr. Kopicki recommended that a use study be conducted by the City to determine the maximum uses. This study should be structured to remain in effect for 10 years; specify hours of operation; types of additions; and arbitration procedures. He also recommended that no action be taken until the use study is completed. In response to Council Member Adams' questions, Mr. Kopicki stated that he was not notified in 1989 when Council approved the current lighting. He indicated that, at the time he bought his property in 1982, there was no activity across the street and the school was closed. Karen Kopicki, 10 Crest Circle, presented Council with the petitions, a copy of last year's schedule that indicated that games would conclude by 8 p.m., and minutes from the February 2 PB &R meeting. She stated that they live with the noise and traffic Monday through Thursday from 3:30 p.m. to 10 p.m., Friday from 3:30 p.m. to dusk, Saturday and Sunday from 8 a.m. to dusk, and beginning at 8 a.m. once school is out. She emphasized that they need their Friday and Saturday evenings for their well -being and that this is now being threatened to be taken away. Ms. Kopicki believed that • there is no comparison with the parks Mr. Della Grotta discussed in his letter because they are in perfect locations, surrounded by open space and Volume 52 - Page 393 City of Newport Beach City Council Minutes March 8, 1999 INDEX gullies and having homes that are 40 to 50 feet higher than the park. She stated that everything that goes on at the Lincoln Athletic Center affects their quality of life and that they have had to modify their home lives to accommodate all the activities and changes. She believed that NBLL has not been a good neighbor and that Council has the power to change that. In response to Council Member Glover's questions, Mr. Hunt reported that NBLL has been allowed to have lights until 9:45 p.m. in the past but require PB &R's seasonal approval. Regarding the schedule indicating 8 p.m., Mr. Hunt stated that a current draft states 9:45 p.m. for Fridays, upon PB &R approval. In response to Council Member Adams' questions, Mr. Hunt indicated that NBLL can probably fit all their games in if the time was changed to 9 p.m. and that NBLL only has announcers at the opening and closing ceremonies. In response to Council Member Ridgeway's questions, Mr. Hunt believed that NBLL received approval for lighting until 9 p.m. last year but that he did not have the records in front of him. He confirmed that Friday night use does require PB &R approval. Pat Beek, Chair of the Parks, Beaches & Recreation Commission, stated that PB &R approved NBLL's request on a provisional basis for extended light use on Friday nights which they have done for the past 4 years and that the lights are controlled by a card system controlled by City staff. She explained that 9:45 p.m. had been approved because this allows enough time for the game to end, equipment to be collected, and people to leave safely. She believed that the only reason everyone is here tonight is because of the Ifopickies' appeal to Council. Ms. Beek confirmed that she was the former NBLL President and is PB &R's current Chairperson, but was told by the Deputy City Attorney that she had no conflict of interest. She pointed out that NBLL members are also residents and volunteers who have contributed an enormous amount of money to the improvements and are also interested in their quality of life. She expressed the opinion that an area with 3 churches, 2 or 3 preschools, a cemetery, and a grammar school is hardly a site for a quiet residential area. In response to Council Member Adams' questions, Ms. Beek confirmed that the lights are outdated but upgrading them would be very expensive. She reported that the lighting that NBLL is going to do around the backstop will have shields to prevent glare, but is mostly for safety. She agreed that modern lighting would lessen the impact to the area and would also illuminate the field better. B.J. Johnson, 23 Canyon Crest Drive, stated that the request does not just affect Canyon Crest residents but also 60 bay port residents and 50 homes in Harbor View Hills. She hoped that the new park will help eliminate some of the problems and reported that there are also more parking spaces at the other City parks compared to Lincoln's parking, considering it has the most activity. She stated that the noise is happy noise, but that it is the continued evening usage that is the issue. Ms. Johnson expressed her pleasure that NBLL decided not to pursue Saturday night lighting. . Volume 52 - Page 394 1] 0 City of Newport Beach City Council Minutes March 8, 1999 Tem Thomson emphasized that he has strong feelings about personal property rights. Motion by Mavor Pro Tem Thomson to affirm the Parks, Beaches & Recreation Commission decision to a) install a permanent scoreboard in proposed location on Field No. 2 (final approval contingent on Newport Mesa Unified School District); and b) have seasonal utilization of the field lights on Friday nights in 1999 until 9:45 p.m. for games and practice (the season extends from March 1 through June 12). Regarding Council Member Adams' request to amend the motion by adding a provision to prohibit the use of lights on Saturday and Sunday nights, Mayor Pro Tem Thomson stated that PB &R spent months on this issue and believed Council should affirm their decision. Council Member Adams reported that NBLL withdrew their request for Saturday night lights just for tonight's meeting and that this does not preclude them from asking PB &R for it next week. Council Member Adams stated that he cannot support the motion in its current form. Substitute motion by Council Member Ridgeway to affirm the Parks, Beaches & Recreation Commission decision to a) install a permanent scoreboard in proposed location on Field No. 2 (final approval contingent on Newport Mesa Unified School District); have seasonal utilization of the field lights on Friday nights in 1999 until 9:45 p.m. for games and practice (the season extends from March 1 through June 12); and c) prohibit the use of lights on Saturday and Sunday nights. Council Member Ridgeway stated that he requested that this come before Council because he felt there was a violation of due process and no adequate notification to the residents. He noted that Mr. Gross' letter stated that they invited NBLL to a meeting but they did not attend. Council Member Ridgeway agreed with Jaime Kline and wondered why people would move to such an activity corridor. Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR RESOLUTION NO. 99 -12 ADJUSTING THE COMPENSATION OF THE CITY CLERK. Council Member Adams stated that City Attorney Burnham distributed an amended resolution that specifies that the City Clerk is LaVonne Harkless. Motion by Council Member Adams to adopt the amended resolution. Without objection, the motion carried by acclamation. ORDINANCE NO. 99 -6 REGARDING ALLOWING OVERNIGHT VESSEL STORAGE ON BEACHES. Mayor Pro Tem Thomson requested that Imua's lease be amended to Volume 52 - Page 395 INDEX C- 3080/Res 99 -12 City Clerk (38/66) Ord 99- 6/C•3259 Overnight Vessel Storage/ IMUA Outrigger Club (38/62) City of Newport Beach City Council Minutes March 8, 1999 indicate that it is non - transferable. Motion by Mavor Pro Tern Thomson to introduce the Ordinance and pass to second reading on March 22, 1999; and set for consideration on March 22, 1999, approval of the non - transferable vessel storage agreement for Imua Outrigger Club. Without objection, the motion carried by acclamation. 11. PROFESSIONAL SERVICES FOR PROGRAM MANAGEMENT ASSOCIATED WITH FEDERAL FUNDING APPROPRIATION REQUEST FOR FY 1999 -2000 FOR WATER AND WASTEWATER INFRASTRUCTURE SYSTEMS. Mayor Pro Tern Thomson requested that the amount be amended to be a "not to exceed" amount. Motion by Mavor Pro Tern Thomson to authorize the retention of Bucknam & Associates, Inc. of Costa Mesa, California, for program management support services in an amount not to exceed $14,500 (the principal of the firm was a City employee prior to 1979). Without objection, the motion carried by acclamation. 13. AMERICAN RED CROSS SHELTER FACILITY AGREEMENT Council Member Debay announced that the Oasis Senior Center, the Eastbluff Boys and Girls Club, and the West Newport Community Center will be the City shelter facilities in the event of a disaster or emergency. She also announced that Donna Boston, the City's disaster preparedness liaison, will be conducting a meeting with Neighborhood Watch Coordinators at 5:30 p.m. on Tuesday at the Police Department to discuss how to coordinate during a disaster. She stated that Ms. Boston can be reached at 644 -3109. Motion by Council Member Debav to approve the Planning and Coordination Agreement designating certain City facilities as possible locations for care and reception centers and /or shelters. Without objection, the motion carried by acclamation. 14. PLANNING COMMISSION AGENDA FOR MARCH 4, 1999. Council Member Noyes read a recent action by the Planning Commission for staff to develop an outline and a general set of operational guidelines for the conduct of study sessions; prepare an approach to the consideration of the Newport Center General Plan Amendments; and provide information on the existing regulatory framework of Newport Center. He suggested that Council conduct a study session to develop a plan/visioning process to seek public input for a more broad -based approach that would include more citizen opinions and desires for the future of the City. He stated that he would like to see the City insert a questionnaire in the water bills asking citizens to list their quality of life priorities. Volume 52 - Page 396 INDEX C -3263 Water & Wastewater Infrastructure Systems/ Federal Funding Program Management (38/89) C -3260 American Red Cross (38) Planning (68) 0 0 9 City of Newport Beach City Council Minutes March 8, 1999 Council Member Adams noted that this was discussed at the past goal setting meeting. Assistant City Manager Wood reported that Council's direction was to request that the new City Manager bring a plan to Council. Motion by Council Member Noyes to receive and file the item. Without objection, the motion carried by acclamation. 16. BUDGET AMENDMENT FOR PARAMEDIC TRAINING. In response to Council Member Ridgeway's question as to why the City is taking firefighters and turning them into paramedics rather than hiring out, Chief Riley explained that this has been the practice for years due to financial restraints and has also been a form of promotion. He noted that this method should be looked at especially since there will be significant turnover due to retirement. He reported that hiring out will place the new paramedic at a higher pay rate than promoting one of the City's firefighters. Council Member Ridgeway requested that Chief Riley look into alternatives for hiring paramedics. Motion by Mayor O'Neil to authorize the Fire and Marine Chief to send three firefighters to paramedic school; and approve the budget amendment (BA -051), increasing the Paramedic Fee Revenue account by $170,000 and increasing the Fire and Marine Department budget by $107,109 to cover the one -time costs associated with paramedic training. Without objection, the motion carried by acclamation. PUBLIC COMMENTS Tom Hyans took issue with the Library Board of Trustees, the Mayor, and the City Manager for deciding to relocate the Okazaki "Friendship" sculpture ( "Nakayoshi ") that graces the City Hall entranceway to the Central Library. He stated that this will further embellish the library and noted that the Peninsula has very little grace and culture in the area. He asked why there was no Council discussion and suggested that, if the library needed more artwork, it take the blue, steel piece on Superior Avenue. Mr. Hyans asked who the leak to the newspapers was regarding new City Manager Homer Bludau. Noting that it is almost budget time and that the Fire and Marine Department received over 800 applicants for one position, Mr. Hyans believed that one of those applicants could already be a trained paramedic. He hoped that Council Member Ridgeway stays strong regarding the Fire and Marine Department's hiring practices. Council Member Ridgeway supported keeping Nakayoshi at City Hall. Community Services Director Kienitz reported that the statue is still at City Hall but that cement has been laid at the library. Mayor O'Neil stated that Council needs to talk about this. Volume 52 - Page 397 INDEX BA -051 Paramedic Training (40141) City of Newport Beach City Council Minutes March 8, 1999 24. ORANGE COUNTY COASTAL COALITION AND COAST STUDY. Motion by Council Member Debay to approve Resolution No. 99 -16 endorsing the City's participation in the Orange County Coastal Coalition; confirm the Mayor's designation of Council Member Debay as the City's representative to the Orange County Coastal Coalition; and authorize the Mayor to sign a letter in support of U.S. Army Corps of Engineers' proposed reconnaissance study on the Orange County coastline. Without objection, the motion carried by acclamation. S25. DISCUSSION OF THE RECOMMENDATION OF COASTAL COMMISSION STAFF ON THE CITY'S LCP GRANT REQUEST Motion by Mayor O'Neil to authorize the Mayor to sign and staff to deliver a letter to the Coastal Commission expressing the City's concerns regarding the conditions of approval of its LCP grant; and direct staff to continue working with the staff of the Coastal Commission towards approval of grant funding that meets the City's needs. Assistant City Manager Wood reported that the Coastal Commission staff is recommending that the City receive $150,000, rather than the $450,000 that was requested. She stated that there are also concerns relative to. the conditions because they will not allow the City to address the policy issues that Council is most excited about. Further, it also limits how the City can use staff versus consultants and, by accepting the grant, Council would be committing to bringing the LCP into certification. Without objection, the motion carried by acclamation. S26. AD HOC CITY COUNCIL AIRPORT ISSUES COMMITTEE FUNDING RECOMMENDATIONS. Following discussion, motion by Council Member Noyes to authorize the Mayor to execute funding agreements consistent with the following recommendations made by the Committee: a) $173,000 to the Alliance with an initial payment of $100,000 and six equal monthly payments of $11,166; b) $50,000 to the Airport Working Group (AWG) to conduct a public "attitudes' study and fund consultant support; and c) $50,000 to Citizens for Jobs and the Economy (CJE) to conduct lobbying and other pro- airport activity; and continue the current office lease until March 31 and approve loaning a staff member until April 30. Tom Wall, 2900 Park Newport, No. 229, assured Council that there is support in the community and encouraged Council to move forward. Council Member Glover emphasized to the community that there will be an airport someplace and if it is not at El Toro it will be in Irvine. Without objection, the motion carried by acclamation. Volume 52 - Page 398 INDEX Res 99 -16 Orange County Coastal Coalition (54) Local Coastal Program Grant Funding (68) Airport Funding Recommendations / Alliance /AWG /CJE (54) 11 • u 0 E City of Newport Beach City Council Minutes March 8, 1999 MOTION FOR RECONSIDERATION - None ADJOURNMENT - 9:06 p.m. in memory of John D. Lusk. The agenda for the Regular Meeting was posted on March 3, 1999, at 3:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on March 5, 1999, at 4:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 52 -Page 399 INDEX