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HomeMy WebLinkAbout01 - 10-23-01November 13, 2001 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session October 23, 2001- 4.00 p.m. DRAFT INDEX ROLL CALL Present: Heffernan, O'Neil (arrived at 5:00 p.m.), Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Regarding Item No. 7 (Abandoned Vehicle Program), Council Member Proctor asked if abandoned vehicles are a problem in the City and how many were located in the City. City Manager Bludau indicated that staff will try to have that information by tonight's meeting. Council Member Proctor asked what is involved with Item No. 10 (OCTA Master Funding Agreement). Public Works Director Badum reported that the Orange County Transportation Authority (OCTA) reviews all competitive projects annually. He stated that, as the list changes or as projects are completed, OCTA requires updates to be attached to the past year's master agreement. He explained that the amendment is essentially the new list. Council Member Heffernan noted that the Measure G election will be held in about a month and asked, if the measure passes, has the money for the MacArthur Boulevard and Jamboree Road intersection improvements been taken into consideration. Mr. Badum indicated that the moneys have not been taken into account in this program since these programs can stand alone with Measure M Funds. He added that there are opportunities for adjustments in any fiscal year as time goes on. Council Member Heffernan noted that the proposed development agreement talks about studying the possibility of a bi -level interchange at that intersection. 2. DISASTER PREPAREDNESS PLAN PRESENTATION. Fire Chief Riley utilized a PowerPoint presentation. He reviewed the history of the Disaster Preparedness Program, stating that the City first got involved in 1987, but the program was terminated because of budget reductions. He reported that, in 1996, the State adopted the Standard Emergency Management Systems (SEMS) Program which required all State, local, and regional agencies to participate if they wanted to be a part of the California Mutual Aid System or be eligible for State reimbursement and grant funding. He stated that the City's Disaster Preparedness Program was instituted about three years ago and was written and designed to be an extension of the State of California Disaster Plan. He added that Disaster Preparedness Coordinator Boston was also hired at this time. He announced that Ms. Boston and Emergency Medical Services Manager Cleary are in attendance to answer any questions. Volume 54 - Page 523 Disaster Preparedness Plan (41) City of Newport Beach Study Session Minutes October 23, 2001 INDEX Chief Riley explained that the City is a participant of SEMS under the County Operational Area (COA) which is the regional coordinator; the State Office of Emergency Services (SOES) which coordinates all of the State responses and assists in coordinating the California Mutual Plan; and the Federal Emergency Management Agency (FEMA) which conducts Federal disaster response mitigation/funding and can declare disaster areas for Federal relief. He added that City participation is also important because this is the consistent method throughout the State for emergency planning and coordination of local, regional, State, and Federal resources. Chief Riley reported that Municipal Code Section 2.20 basically provides for the preparation and implementation of plans; provides services in the event of an emergency; empowers certain public officials to respond and preserve public order and safety; and provides for the coordination of emergency functions with public and private organizations outside the City. He stated that this section also establishes the Director of Emergency Operations (City Manager). He explained that the Director can request that Council proclaim a local emergency or, if Council cannot establish a quorum or be assembled in a timely fashion, can proclaim an emergency and then request that Council ratify it thereafter; can request the Governor to declare a State of Emergency if local resources are inadequate; and can control and direct the emergency response organization in the event of a disaster. Chief Riley added that, after a local emergency is proclaimed, the Director may make and issue rules and regulations, including establish a curfew, restrict circulation in certain areas due to public safety, restrict the sale of alcoholic beverages if it is determined that it is contributing to disorder and can affect public safety; authorize the purchase of vital supplies and equipment; require the service of any officer or employee; and authorize the requisition of personnel or material from any City department. He reported that every employee, according to Government Code Section 8580, is considered a disaster services worker, has an obligation to respond, and is protected by the California Workers' Compensation System. Chief Riley stated that Council's role is not much different than it is on a daily basis. He reported that Council may proclaim a local emergency if they are in session; however, if not in session, they would ratify the local emergency that was proclaimed by the City Manager within seven days after it was proclaimed; and they are obligated to terminate the local emergency within 14 days of the incident. He stated that Council is invited to come to the Emergency Operations Center (EOC) located at the Police Station; however, they do not particularly work inside the EOC. He stated that Council has a separate caucus room to deliberate and discuss policies, and allows the City response team to continue their work. He indicated that Council is welcome to be escorted through the EOC to observe the operations. In response to Council questions, City Attorney Burnham reported that the Brown Act is suspended in these circumstances and that Council can discuss any matter in Closed Session that relates to an emergency. Chief Riley reported that the Disaster Preparedness Plan was adopted in 1992 and was updated in 1998 to meet the SEMS requirements. He stated that, since Ms. Boston was hired, all City departments have been actively Volume 54 - Page 524 City of Newport Beach Study Session Minutes October 23, 2001 INDEX involved in rewriting the Plan. He noted that there will be a disaster drill on Tuesday, October 30, which will utilize the current Plan and, in November or December, they will come back to Council to adopt a revised Plan. He stated that, once Council adopts the Plan, it is sent to the SOES for review to determine if it is consistent and coordinates with the Standardized Emergency Response System and the California Emergency Services Act before it is officially approved as an adopted document. Council Member Heffernan asked if the State requirements are changing due to the September 11 attacks. Chief Riley stated that in a lot of the disaster plan there is a Basic Plan Formulation which is the fundamentals of how an emergency operation is organized, what the specific hazards may be, what the individual responsibilities are, and identifies specific threats and how to respond to them. He likened the specific emergency plans to the specific plans in the General Plan. He believed that the areas of weapons of mass destruction and terrorism attacks will be looked at as a result of September 11. He added that the Basic Plan Formulation establishes continuity of government, the emergency organization, talks about the EOC, contains detailed responder checklists, and has department specific annexes on how each department responds to specific types of incidents. Chief Riley explained that continuity of government is comprised of stand -by officers for the governing body, an alternate seat of government, and vital record preservation. He discussed the lines of succession below the Director of Emergency Operations and stated that each department is required to have a line of succession and maintain a phone list for all department personnel. He reported that the alternate seats of government if City Hall is unusable are the EOC at 870 Santa Barbara Drive, then the Central Library, Oasis Senior Center, and the Community Youth Center at 5 1h Street and Iris. He explained that vital records are records that are essential to protect the rights and interest of individuals, conduct emergency response operations, and reestablish normal governmental functions. He reported that the City Clerk is charged with this responsibility as the designated custodian of records. Chief Riley explained how the organization changes during an emergency. He stated that an Incident Commander is a single position in the organization that is responsible for directing all of the policy directives from Council and the Director of Emergency Operations. He reported that the response organization is broken into Operations, Planning and Intelligence, Logistics, and Finance and Administration. He noted that each EOC position is also required to have succession in the event someone is unavailable. Council Member Glover expressed her concern relative to the City sharing its helicopter with Costa Mesa. City Manager Bludau explained that it is possible to have two helicopters in use if necessary. He stated that the City Manager and Police Chief would be the individuals who determine whether another helicopter is needed. He explained that the helicopters are not on duty 24 hours a day and that there would be a call -back to get a second crew if a disaster took place during normal working hours. Volume 54 - Page 525 City of Newport Beach Study Session Minutes October 23, 2001 INDEX Uouncil Member Glover asked what the City's options would be if the Peninsula were cutoff. Chief Riley stated that the City does not have resources available to evacuate a large land mass across water. Mr. Bludau noted that the City could commandeer anything that is available under emergency circumstances. Chief Riley noted that not many cities are fully equipped to handle every emergency and that this is part of the concept of mutual aid. Chief Riley stated that Ms. Boston was responsible for three main goals: to ensure that all the emergency personnel were trained to respond to an emergency if no one else in the City was ready; to ensure that the remainder of the City team was trained; and to train and equip citizens to respond to disasters. He reported that the Citizen Emergency Response Team (CERT) began about three years ago to learn specific emergency training in order to help during a disaster. He indicated that the City conducts three or four classes a year with about 25 people in each class and that the waiting list has grown to 246 people since September 11. Chief Riley reported that the City is required to exercise its Disaster Response Plan at least once a year and that one of the exercises has to be coordinated in conjunction with COA. He reiterated that the next drill will be held at 8:30 a.m. on October 30 at the Police Department. He added that they have ongoing drills inside the departments and out on the field to exercise specific responses. Chief Riley stated that the public expects the City to be able to protect life and property, alert them in advance of a disaster, assess the magnitude of the emergency, keep them informed, evacuate and relocate them from dangerous areas, provide temporary shelter and food, rapidly restore services, and help with recovery services. He reported that people are still working the recovery system from the Laguna Beach fire in 1993. Council Member Bromberg indicated that he was the Council Member who requested this report and asked what Council's role is during an emergency. Chief Riley explained that the Director of Emergency Operations identifies how City resources are used and then consults with Council. He reported that Council's main role is to preside over the policy direction of the emergency response, similar to Council's daily role of presiding over City policy. Further, anything that suspends the City's normal operations would require Council approval. As an example, he stated that Council may decide to temporarily suspend all fees associated with building permits related to recovery operations. Mr. Bludau indicated that SEMS is set up to fix responsibility with the idea that an elected body is not the best body to make these types of decisions. He stated that people who are trained for disasters are better equipped and able to make these decisions. He noted that an emergency can occur in which a majority of Council are not in the City for days. He reported that he has been trained, as a City Manager, to be the chief executive and confer with and brief Council. Mayor Adams asked what happens if something happened to the entire City Council. City Attorney Burnham indicated that he is not sure and that this scenario probably is not in the City Charter. Volume 54 - Page 526 City of Newport Beach Study Session Minutes October 23, 2001 Mayor Adams suggested that staff contact Laguna Beach to find out what their council's role was during the 1993 fire emergency. Council Member Glover stated that it seems logical that Council would basically be cheerleaders and inform people that the City is being taken care of by staff. She believed that the City Manager should manage the crisis because Council does not know many things about the organization and are not professional firefighters or police officers. She emphasized that this is really important and that we need to get it right. Chief Riley reported that, since Ms. Boston and the City Manager have been hired, the whole organization recognizes the importance of this, especially since a lot of work has been put into it. 3. EMPLOYEE POLICY MANUAL (JOINT MEETING WITH CIVIL SERVICE BOARD). City Manager Bludau reported that the Employee Policy Manual will be discussed tonight and brought back at the December Council meeting for approval. He noted that the Manual contains 70 pages and includes a number of appendices, and stated that it is impossible in a staff report to detail the key changes made to the Manual. Human Resources Director Livingston stated that the Memorandums of Understanding (MOLT) have contained language for many years requesting the development of an Employee Policy Manual. The City began preparing the Manual in 1998 and, in September 1999, it went out to all the associations and the unrepresented employees. She reported that the purpose of the Manual is to provide a comprehensive source for all City employees to locate City policies, rules, and procedures. She indicated that many of the policies are required by State and Federal mandates, while others have been updated based on the legal mandates that the City faces, like the Family Medical Leave Act and the Drug and Alcohol Free Workplace Policy. Further, other policies respond to new issues in the work place, such as internettemail uses and violence in the workplace. She reported that, since 1999, the City has met with the associations on numerous occasions and made hundreds of changes based on their requests relative to the drug policy and the level of appeals that are brought before the Civil Service Board. Council Member Bromberg stated that he is encouraged to see the Manual, noting that he started working on this in 1995 when he was on the Civil Service Board prior to being on Council. He stated that the Manual is very complete and covers just about everything. He expressed the opinion that he doubts anyone would see a manual this concise in a major corporation. Council Member Glover stated that she served on the school committee in Massachusetts for eight years and they lived by the personnel manual. She expressed her shock that the City did not have a manual when she was first elected. She commended the City Manager for his work on this. Mr. Bludau noted that the policies in the Manual do not serve everyone because there are some provisions in the employee organization MOUs that may differ from the Manual, and those provisions apply first. However, Volume 54 - Page 527 INDEX Employee Policy Manual (66) City of Newport Beach Study Session Minutes October 23, 2001 INDEX there are a number of policies that will apply to the entire workforce, regardless if they are temporary or full -time employees. He stated that the Manual was not created to have something to hold over the employees, but defines the expectations of the organization to ensure that the process for handling departments is the same. He noted that the Manual is not a standardized document; 75% to 80% of the previous Manual was outdated; and many of the practices that were instituted for years were not in writing. He reported that the Manual underwent an outside legal review on two occasions. He emphasized that a lot of people have looked at this to ensure everything that the City needs is included. Mr. Bludau believed that, if the Manual were approved, it would be cutting edge because there are a lot of cities that do not have some of these policies. Civil Service Board Chairman Foster reported that the City has had a Manual since 1988 per Resolution No. 88 -13, but it was out of date. He stated that they have been working on updating it since 1995, going though seven drafts. He expressed the opinion that the Manual is a fine document, but the Board has a few concerns. He reminded Council that their role is to protect the City from exposure to litigation. Regarding Section 13.4 (Appeal to Civil Service Board), Chairman Foster reported that they previously objected to this because it restricts the employee from any appeal rights. He noted that they are also supported by their counsel. He explained that this section eliminates the employee's existing Civil Service Board rights since this change would be unsustainable due to the existing mandates in the Charter and the Municipal Code. He confirmed that the Board has separate counsel, Jeffrey Freedman. City Attorney Burnham clarified that Mr. Freedman represents the Civil Service Board in the context of disciplinary appeals but he does not represent the Board as general counsel. He stated that Mr. Freedman was consulted in certain respects relative to the Manual, but the City Attorney's office still gives the Board its primary legal advice. He noted that his office cannot do this if they are representing someone like the Police Chief on a disciplinary matter. Ms. Livingston stated that the intent of the section is so any suspension would go to appeal, but the language can change from "one day suspension or more" to "any suspension'. Chairman Foster agreed that the change is adequate and no longer exposes the City. In response to Mayor Pro Tern Ridgeway's questions, Mr. Burnham reported that the only way to modify the Charter is through an election and this is also true for the Civil Service Ordinance. Chairman Foster noted that the changes are consistent and a Charter modification is not necessary. Regarding Section 14.8 (Miscellaneous), Chairman Foster pointed out that, as a condition for filing a grievance, an employee must first perform any lawful order given by a supervisor. He believed that this is inconsistent with conservative risk management. Council Member Glover believed that this is subjective. Mr. Burnham explained that a grievance is a dispute concerning the interpretation of the rules and policies pertaining to employment. He added that the issue of whether the order was reasonable is an appropriate subject of the grievance. Board Member Carson pointed out that the wording, "The employee is required to perform the lawful, direct orders of his supervisor as a condition of filing a grievance" is what raised the issue. He Volume 54 - Page 528 City of Newport Beach Study Session Minutes October 23, 2001 INDEX asked if an employee can file a grievance if they do not perform the lawful order even if they thought it was a safety issue. Ms. Livingston stated that the employee would have to perform the duty and then file a grievance. Utilizing the Fire or Police Departments as an example, Mr. Burnham stated that, if a provision is included that is similar to what the Board is suggesting, there could be a real impact on the day -to -day operations of those departments. He indicated that people would be contesting whether a particular order puts them at an unreasonable risk. He expressed the opinion that, as written, the Manual is consistent with what is done in the other jurisdictions they looked at and supervisors will know that they could be disciplined if they put their subordinates in an unreasonable risk for injury given the job duties. Mayor Adams asked what will happen to an employee if this is adopted and an employee does not comply with the lawful, direct order. Mr. Burnham stated that it is likely that the employee will be subject to discipline for insubordination and will probably raise the issue of whether the order was lawful and exposed the employee to unreasonable risk. Regarding Section 6.5 (Criminal Conduct), Chairman Foster asked if there was some legal mandate that caused this to be proposed. Mr. Burnham stated that this is a fairly typical provision. He indicated that he does not recall whether there is precise case law on the subject, but noted that this language has been in the Manual for about three years. He stated that the legal concern is that a felony conviction is not necessarily a predicate for refusal to hire an applicant unless there is some relationship between that conviction and the duties. Chairman Foster believed that the language which allows the City Manager to waive prior felony status has never existed in any previous Manual. He questioned whether it is wise to permit felons to be prospective employees or become an employee. Council Member Proctor stated that he has a hard time seeing the logic in not allowing the City Manager to look at the situation and see if it is relevant to the issues of employment no matter what the conviction. He added that this is potentially discriminatory. Mr. Bludau believed that this situation is pretty far removed and one that is not going to happen very often. Further, he agreed with the City Attorney that the City really cannot exclude someone from applying for a position or from being considered for a position just because they have a felony that may have no relationship to the job. He stated that the checks and balance of the City Manager waiving this right is with the City Council, believing that Council would take him to task if he used bad judgment. Council Member Glover noted that a previous City Manager hired someone with a felony and it cost the City millions of dollars and bad publicity. Mr. Burnham stated that he is not sure whether that individual was convicted of a felony or not, but the conviction that occurred in the east coast would have precluded him from being appointed to any position that handled money or accounted for funds. He indicated that the individual under this Manual would not be entitled to hold the position that he held when the funds were embezzled. Volume 54 - Page 529 City of Newport Beach Study Session Minutes October 23, 2001 INDEX Board Member Dunlap stated that it should be the City Manager's prerogative to do this, but the Board's concern is whether this should be memorialized in the Manual. Mr. Bludau believed that, if the City were to do this, it needs to be written down for the protection of anyone involved. Mayor Adams stated that, if this is not in the Manual and a felon is turned down for a job because of a conviction, the felon could turn to the City and say this cannot be done because the Manual does not state that a felony can be used to determine employment eligibility. In response to Mayor Pro Tem Ridgeway's comment, Mr. Burnham pointed out that the Manual does not cover elected officials. He agreed with Mayor Adams that, if this is not written down and an application was denied based on an unwritten policy, the City has potential legal problems. Chairman Foster stated that it appears this will have to be done, but believed that this should solely be the City Manager's discretion. Mayor Adams asked, if someone has been convicted of a felony that is conflicting with the duties of the potential job, why Council would ever allow the City Manager to waive that finding. Mr. Burnham believed that the key in this is the length of time, pointing out that Council may want the City Manager to have discretion in certain situations. He used an example in which someone was convicted of a petty theft when they were 18 years old, is 50 years old now, applies for a position, and is the best candidate. Mr. Burnham also agreed with Chairman Foster that the Manual is written in a way that is too restrictive relative to the City Manager's discretion. He stated that it should state that, "The City Manager may waive this in his or her sole discretion ". Council Member Glover believed that this should not be done if the felony conflicts with their responsibility, regardless if it was done earlier. Council Member Proctor noted that Council ultimately votes on the Manual and asked why some of the terms are being negotiated at this time. Mayor Adams suggested that the Board highlight their concerns to put Council on notice and to prepare Council for its decision relative to adopting the Manual. Regarding Section 5.7.E (Eligibility List — Disqualification), Chairman Foster stated that the Board feels Section 5.7.E.2 should be deleted and Section 6.5 should state, "Placement on any eligibility list shall be at the sole discretion of the City Manager who may waive the provisions of this section based upon substantial evidence of mitigating circumstances ". He expressed the opinion that this puts the responsibility where it belongs, with the City Manager. Mr. Bludau recommended that language be added to have the City Manager advise the City Council prior to making such a determination. Chairman Foster stated that everyone has sufficient faith in the City Manager's ability to do his job and use his discretion. Mr. Bludau reported that they are proposing to bring the Manual back to Council for final approval at the December meeting and that he and Ms. Livingston will address the Civil Service Board at its November meeting. He pointed out that they have made a number of the Board's recommended changes, he is opposed to some of the recommended changes, and some of the changes have been agreed upon today. Mayor Adams requested that the Board's correspondence be attached to the staff report, including how they Volume 54 - Page 530 City of Newport Beach Study Session Minutes October 23, 2001 INDEX were addressed by staff. Chairman Foster added that they acknowledge the fact that substantially all of their prior comments have been incorporated and due consideration has been given to every comment and observation. Regarding Section 3.12 (Outside Employment), Mayor Adams stated that his business does not allow any outside jobs that are closely related to the profession because of the liability exposure to the firm. He indicated that he does not see this issue listed in Section 3.12.B as a reason to disapprove outside work. He added that he does not think it is good policy to accommodate moonlighting and that the employee's energy should be working for the City and not worrying about what they do once they are home from work. Mayor Adams clarified that he believes that teaching and providing professional services are two different things. Mayor Pro Tem Ridgeway asked how part -time employees would be handled. He stated that there should be some latitude for this but suggested that the list of findings should include liability exposure to the City. Mr. Burnham stated that they tried to write this into Section 3.12.B.3 and pointed out that Section 3.12.B.2 discusses the concept of a conflict between the employee's City duties and their outside employment. He stated that this policy is one of the few that was in the old personnel resolution and that they tried to minimize the changes to the written policy to minimize the impact on the employees. He noted that there are many Fire and Police employees that have secondary employment, and that a change in this policy would probably result in opposition from their associations. Council Member Glover stated that the Mayor would be shocked to know how many employees do have other jobs. She believed that this is unfortunate, especially since the City provides such good employment opportunity. Mayor Adams believed that the disciplinary action for someone that does outside work without obtaining approval from the supervisor should be very strong. Further, there should be a policy that discourages this. He stated that the City is paying its employees a good wage and expects that their work energies go to the City and not someone else. Vice Chairperson Godfrey stated that the annual review in Section 3.12.1) covers the majority of this in that the employer or division head needs to be aware of employment status. She reiterated that this is identical to what the City has had in the past. Mr. Burnham reported that a violation of this rule would subject the employee to discipline. Further, he believed that the section can contain a provision that states, "The City expects that the employee's primary employment is with the City ". Mayor Adams agreed with this language. Mayor Pro Tem Ridgeway used the MIS Division as an example of people who probably have outside employment that is directly related to their experience and background. Mr. Bludau added that schedules have changed with the 9/80 and 4/10 plans where employees have numerous days that they are not at work. Mayor Adams stated that everyone has the right to earn a living within reason; however, his concerns primarily deal with liability and requested language that indicates that it is a matter of policy that this is something we do not encourage. Mr. Burnham confirmed that disclosure is included in the Manual. Volume 54 - Page 531 City of Newport Beach Study Session Minutes October 23, 2001 Board Member Dunlap stated that, unless there is a change made to Appendix B (Drug and Alcohol Policy), officers are in violation of this policy every time they take evidence to court. He suggested adding language to the policy that exempts lawful possession while on official duty. Council Member Proctor believed that there are Penal Code sections that cover this and there is preemption. Mr. Burnham believed that this should be addressed in the Manual since the reason for the Manual is to let people know what the rules are. Chairman Foster provided Mr. Bludau with a current list of the points that were discussed and recommended ways of resolving the issues. Rich Thomas, Newport Beach Firefighters Association, stated that it is his understanding that the Association is not in agreement yet on all the issues. Ms. Livingston reported that Mr. Macy gave her a couple of additional items during their last meeting. Regarding outside employment, Mr. Thomas stated that he initially did not have a problem with Section 3.12 because he could not think of anyone in the Association who is employed outside the City; however, he pointed out that numerous employees teach classes. Mayor Adams, on behalf of Council, extended his gratitude to the Civil Service Board for their work on the Manual. PUBLIC COMMENTS - None. ADJOURNMENT - 6:00 p.m. The agenda for the Study Session was posted on October 17, 2001, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 54 - Page 532 INDEX CITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 23, 2001 - 7:00 p.m. ��� INDEX STUDY SESSION — 4:00 p.m. CLOSED SESSION — 6:00 P.M. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Absent: None C. CLOSED SESSION REPORT — City Manager Bludau announced that City Council received a report from the Police Chief during Closed Se: regarding the security measures that are being taken for the protection of facilities. D. PLEDGE OF ALLEGIANCE — Council Member Heffernan. E. INVOCATION — Reverend Richard Menees, St. James Episcopal Church. F. Board of Library Trustees Presentation of On -Line System by Board of Library Trustees Chairman Patrick Bartolic and City Librarian LaDonna Kienitz. Using an overhead projection, Chairman Bartolic displayed the new on-line system and announced that the internet address is htto : / /www.newnortbeachlibrary.ora. He went through the various selections from the main page, which included Knowledge, Hot Topics, Cool Stuff, Top Picks and About Us. He stated that the Knowledge section provides references, resources and catalog databases. The Hot Topics section shows the viewer what events are happening at the library, and Cool Stuff is the section for kids and teens. Chairman Bartolic also displayed the Top Picks section, which included recommended reading and lists of authors. Lastly, he showed the About Us section, which provided general information and the ability to e -mail information and photos to others. Chairman Bartolic stated that the new system is a comprehensive resource available to the community, simple to use and includes many capabilities. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR Volume 54 - Page 533 Library On -Line System (50) City of Newport Beach City Council Minutes October 23, 2001 INDEX • Council Member Proctor announced that he recently attended a performance at the Newport Theater Arts Center. He stated that the theater is a wonderful and impressive asset to the community. . • Council Member Glover stated that she has been working with General Services Director Niederhaus concerning some of the City's trees in the older urban forests. She requested that the Study Session of November 27, 2001, include a review of the policy regarding the number of times that ficus trees are cut. • Mayor Pro Tem Ridgeway announced that the County approved EIR 573 by a vote of 3 -2, earlier in the day. He stated that this is the last planning document for approval of an airport at El Toro. • Mayor Pro Tem Ridgeway announced that he also was invited to attend a recent performance at the Newport Theater Arts Center. He stated that the theater and the play were both wonderful. • Mayor Pro Tem Ridgeway announced that a blessing and dedication of the new sanctuary at St. James Episcopal Church will be taking place on Sunday, November 4, 2001, at 5:00 p.m. • Council Member Heffernan requested a report from staff on the variances and modifications that require staff approval, versus those that are required to go to the Planning Commission. • Mayor Adams announced that on October 12, 2001, Governor Davis signed SB 124 (Johnson). He stated that this allows the City to save 15 acres of vacant land at the northwest corner of Superior Avenue and Coast Highway, known as Sunset Ridge or Caltrans West. He noted that this remarkable success ends a ten -year battle with Caltrans over the price of the property and will save the City over $4 million. He explained that Caltrans insisted on a market value of the site as if it were to be developed for homes, while the City believed that the value should be based on a park use. Mayor Adams stated that SB 124 was not an easy Bill to get passed, noting that the Bill was opposed by Caltrans, the California Transportation Commission and the State Department of Finance. Mayor Adams announced that a park victory celebration would be taking place in the next couple of weeks. He publicly thanked the many people involved with getting the Bill passed, which included Senator Ross Johnson, Assembly Member John Campbell, Governor Davis, Marian Bergeson, Garry Brown of Orange County CoastKeeper, Paul Morabito of the State Coastal Conservancy, Joan Irvine Smith, Huntington Beach Council Member Shirley Dettloff, Bob Caustin with Defend the Bay, Mike Schlessinger and Phil Bettencourt of Taylor Woodrow, Tim Paone of The Irvine Company and Council Member Proctor. Mayor Adams also thanked those that were behind the park concept from the beginning. Volume 54 - Page 534 City of Newport Beach City Council Minutes October 23, 2001 INDEX I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar by a member of the audience. 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. ORDINANCE FOR INTRODUCTION 3. Item removed from the Consent Calendar by Council Member Heffernan. RESOLUTIONS FOR ADOPTION 4. Item removed from the Consent Calendar by Council Member Heffernan. 5. REVISION OF TWO -HOUR PARKING LIMIT ON A PORTION Res 2001 -88 OF ST. JAMES ROAD (CLIFF HAVEN). 1) Adopt Resolution Ord 2001 -21 No. 2001 -88 limiting the parking of vehicles on certain streets and Parking Limit/ rescinding Resolution No. 97 -84; and 2) introduce Ordinance Cliff Haven No. 2001 -21 revising Preferential Parking Zone "27— Newport Heights (85) and Cliff Haven and rescinding Ordinance No. 97 -28, and pass to second reading on November 13, 2001. 6. Item removed from the Consent Calendar by a member of the audience. 7. APPROVE AND AUTHORIZE CONTINUATION IN THE Res 2001 -90 ORANGE COUNTY SERVICE AUTHORITY FOR ABANDONED Abandoned VEHICLE PROGRAM. Adopt Resolution No. 2001 -90 authorizing Vehicle Program the participation and continuation in the Orange County Service (70) Authorityfor Abandoned Vehicle Program (SAAV). CONTRACTS AND AGREEMENTS 8. RENEWAL OF CITY /COUNTY COST SHARING AGREEMENT: C -2539 HARBOR DEBRIS REMOVAL. Authorize the Mayor's execution of Harbor Debris an agreement with the County of Orange to share expenses for debris Removal removal in Newport Harbor. (38) 9. WASHINGTON STREET AND BALBOA PIER RESTROOM C -3367 REPLACEMENT — AWARD OF CONTRACT (C- 3367). 1) Approve BA -016 the plans and specifications; 2) award the contract (C -3367) to Klassic, Washington Inc. for the total bid price of $531,300 and authorize the Mayor and Street & Balboa the City Clerk to execute the contract; 3) establish an amount of Pier Restroom $31,700 to cover the cost of testing and unforeseen work; and Replacement 4) approve a budget amendment (BA -016) transferring $50,000 from (38/40) Account No. 7011- C5100548 to Account No. 7011- C5100632 and Volume 54 - Page 535 City of Newport Beach City Council Minutes October 23, 2001 li�i�7 Dll Volume 54 - Page 536 transferring $30,000 from Account No. 7231- C2320622 to Account No. 7231- C5100567. 10. AMENDMENT NO. 4 TO ORANGE COUNTY C -3051 TRANSPORTATION AUTHORITY (OCTA) MASTER FUNDING OCTA Master AGREEMENT. Approve Amendment No. 4 to Cooperative Funding Agreement No. C -95 -985 between the OCTA and the City of Newport Agreement Beach. (38) 11. APPROVAL OF AGREEMENT BETWEEN THE CITY AND THE C -3486 NEWPORT HOMEOWNERS ASSOCIATION FOR LANDSCAPE Newport MAINTENANCE OF STREET MEDIAN IMPROVEMENTS. Homeowners 1) Approve an agreement with the Newport Homeowners Association Association for maintenance of street median improvements on the median in La Landscape Vida between University Drive and La Salud; 2) authorize the City Maintenance Manager to execute the agreement; and 3) authorize and direct the (38) City Clerk to have the agreement recorded with the Orange County Recorder. Mayor Adams abstained from voting on this item. 12. CORPORATION YARD BUILDING "O" (C -3376) — C -3376 COMPLETION AND ACCEPTANCE. 1) Accept the work; Corporation 2) authorize the City Clerk to file a Notice of Completion; 3) authorize Yard the City Clerk to release the Labor and Materials bond 35 days after Building "O" the Notice of Completion has been recorded in accordance with (38) applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 13. MEMORANDUM OF UNDERSTANDING WITH ASSOCIATION C -2058 OF NEWPORT BEACH OCEAN LIFEGUARDS. Approve and Newport Beach authorize the Mayor to execute the Memorandum of Understanding Ocean Lifeguards with the Association of Newport Beach Ocean Lifeguards. MOU (38) 14. AGREEMENT WITH COUNTY OF ORANGE FOR COMMUNITY C -3487 WATCH VOLUNTEER PROGRAM COORDINATOR. BA -015 1) Authorize the Mayor to execute the agreement between the City Community Watch and the County of Orange; 2) approve a budget amendment (BA -015) Volunteer in the amount of $25,276 to Account No. 2371 -7030 (Temporary Program Salaries) and increase revenue estimates by $18,333 (grant funds from Coordinator the State of California Coastal Resources Agency) with the remaining (38/40) $6,943 coming from the Tidelands Fund unappropriated reserve. 15. REFUSE TRANSFER STATION SCALE SYSTEM — AWARD OF C -3488 CONTRACT. Award contract to Advanced On -Board Scales for the Refuse Transfer total bid price of $57,986 and authorize the City Manager to execute Station the contract. (38) 16. BALBOA LIBRARY ELECTRICAL MODIFICATIONS AND AIR C -3337 CONDITIONING — AWARD OF CONTRACT (C- 3337). 1) Approve BA -017 the plans and specifications; 2) award the contract (C -3337) to Abeam Balboa Library Construction, Inc. for the total bid price of $106,500 and authorize the Electrical Mayor and the City Clerk to execute the contract; 3) establish an Modifications & Volume 54 - Page 536 City of Newport Beach City Council Minutes October 23, 2001 amount of $10,000 to cover the cost of unforeseen work; a budget amendment (BA -017) transferring $16,500 No. 4010 -9000 to Account No. 7011- C4120613. and 4) approve from Account 17. Item removed from the Consent Calendar by a member of the audience. 18. EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE II — AWARD OF CONTRACT (C- 3334). 1) Approve the plans and specifications; 2) award the contract (C -3334) to 4 -Con Engineering, Inc. for the total bid price of $113,015 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $11,000 to cover the cost of unforeseen work; and 4) approve a budget amendment (BA -013) transferring $20,000 from Account No. 7015 - C2310629 to Account No. 7015- C3130554 and transferring $19,070 from Account No. 7181- C5100399 to Account No. 7181- C3130554. 19. REVIEW AND APPROVAL OF ONE -YEAR CONTRACT WITH LDM ASSOCIATES FOR ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FY 2001 -2002. Approve the proposed contract with LDM Associates for administration of the Community Development Block Grant program for FY 2001 -2002. MISCELLANEOUS ACTIONS 20. Item removed from the Consent Calendar by Council Member Heffernan. 21. Item removed from the Consent Calendar by Council Member Heffernan. 22. REQUEST TO INITIATE A GENERAL PLAN AMENDMENT AND LOCAL COASTAL PLAN AMENDMENT TO CHANGE THE DESIGNATION OF 205 ORANGE STREET FROM RETAIL, SERVICE & COMMERCIAL TO TWO FAMILY RESIDENTIAL — SUTHERLAND RESIDENCE (PA2001 -186) — 205 ORANGE STREET. Approve General Plan Initiation No. 2001 -002. S24. Item removed from the Consent Calendar by a member of the audience. S25. Item removed from the Consent Calendar by a member of the audience. S26. Item removed from the Consent Calendar by a member of the audience. Motion by Mayor Pro Tem Ridgeway to approve the Consent Calendar, except for those items removed (1, 3, 4, 6, 17, 20, 21, S24, S25 and S26), and noting Mayor Adams' abstention on Item No. 11. The motion carried by the following roll call vote: Volume 54 - Page 537 INDEX Air Conditioning (38/40) C -3334 BA -013 Eastbluff Park Walkway Reconstruction Phase II (38/40) C -3489 CDBG 2001 -2002 Administration (38) GPI 2001 -002 PA 2001 -186 205 Orange St. (45) City of Newport Beach City Council Minutes October 23, 2001 Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF OCTOBER 9, 2001. Jim Hildreth, 120 The Grand Canal, referring to Page 508 of the October 9, 2001, regular meeting minutes, stated that comments made by Council Member Glover were not included in the minutes. Additionally, he stated that letters he presented at the meetings of August 14, 2001, and October 9, 2001, weren't mentioned in the minutes as being entered into record. He then presented the letters for public record. Motion by Mayor Pro Tem Ridgeway to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None 3. AMENDMENT TO THE NBMC TO ADOPT SECTION 15.02.035 TO AMEND SECTION 303.1 OF THE UNIFORM ADMINISTRATIVE CODE "PERMIT ISSUANCE ". 4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISES TO C & N WASTE SERVICES. Council Member Heffernan stated that both items involve the State - mandated recovery of waste material, and asked what change was being enacted in the proposed policy regarding the issuance of demolition permits. City Manager Bludau stated that the new policy ensures that the company that will be removing the demolition material is on the City's list of franchised solid waste haulers. City Manager Bludau stated that there are eighteen haulers on the City's list. Additionally, Council Member Heffernan confirmed with City Manager Bludau that Item No. 4 is also attempting to increase the City's recycling rate. Motion by Council Member Glover to introduce Ordinance No. 2001 -19 to add Section 15.020.035 to the NBMC to require Volume 54 - Page 538 INDEX Ord 2001 -19 NBMC 15.02.035 Demo Permit (26) Res 2001 -87 Ord 2001 -20 Solid Waste Franchise/ C & N Waste Services (42) City of Newport Beach City Council Minutes October 23, 2001 General Services Department approval of demolition permits for complete demolition of structures, and pass to second reading and adoption on November 13, 2001; and to adopt Resolution of Intention No. 2001 -87 to award a Non-exclusive Solid Waste Franchise to C & N Waste Services, and schedule a public hearing on November 13, 2001; and introduce Ordinance No. 2001 -20 granting a Non - exclusive Solid Waste Franchise to C & N Waste Services and pass to second reading on November 13, 2001. Nancy Akakelian, C & N Waste Services, stated that she is looking forward to working with the City of Newport Beach and complying with AB 939. Jim Hildreth, 120 The Grand Canal, stated that he hopes that by privatizing trash collection, less trash will be left on the ground after it has been hauled away. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None 6. BALBOA YACHT BASIN RENTAL ADJUSTMENTS. Jim Hildreth, 120 The Grand Canal, stated that in Resolution No. 2000 -77, there is no information given regarding boats between 35 and 40 feet in length. He added that there is also a discrepancy in the proposed rate scale, and additionally noted that the number of garages differs from the information given in Item No. 17, Balboa Yacht Basin Office Remodel. Mr. Hildreth stated that the Balboa Yacht Basin is now housing Harbor Resources and asked if the increase in rates was to cover the move and the remodel of the Newport Pier. He asked for a justification of the rate increases and stated that the garages that are being removed could have provided additional revenue. He asked if Harbor Resources would be moving back to the pier area, once the remodel is completed. Motion by Council Member BrombesE to adopt Resolution No. 2001 -89 rescinding Resolution No. 2000 -77 and adjusting the slip, apartment, and garage rental rates at the Balboa Yacht Basin. Tim Heaslet, Balboa Yacht Basin slip renter, asked the City Council to vote against the resolution. He stated that the current recession is going to continue, that he is on a budget and is almost being priced out of Newport Beach. He stated that the Balboa Yacht Basin doesn't offer a lot of amenities, which provides an alternate for the slip renter on a budget. He urged the City Council to postpone their decision until the economic recovery is on its way. Council Member Glover recalled the decision to have the City Volume 54 - Page 539 INDEX Res 2001 -89 Balboa Yacht Basin Fees (40/51) City of Newport Beach City Council Minutes October 23, 2001 maintain the operation of the Balboa Yacht Basin. She stated that, at that time, the City informed the slip renters that there would be an increase in fees if the City were to continue operation of the basin. She recalled that the slip renters were agreeable to an increase if it meant keeping the operation under the City's control. The motion carried by the following roll call vote Ayes: O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: Heffernan Absent: None Mayor Adams stated that the rates at the Balboa Yacht Basin are still below the average in the Newport Harbor area. City Attorney Burnham added that the City is required to charge comparable rates. 17. BALBOA YACHT BASIN OFFICE REMODEL (C -3391) — COMPLETION AND ACCEPTANCE. Jim Hildreth, 120 The Grand Canal, asked if the Balboa Yacht Basin was going to be temporary housing facility for Harbor Resources and if they would be moving back to the Newport Pier. He additionally asked about the location of the items that were moved out of their prior facility. He requested that more information be provided about the Tidelands Fund. Motion by Council Member O'Neil to accept the work; authorize the City Clerk to file a Notice of Completion; 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 release the Faithful Performance Bond one (1) year after Council acceptance. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None 20. APPOINTMENT TO THE HARBOR COMMITTEE, A CITIZEN'S ADVISORY AD HOC COMMITTEE. Council Member Heffernan asked how long the Harbor Committee would remain in effect and if membership criteria would be established at a future date for the Harbor Commission. Mayor Pro Tern Ridgeway stated that the issues were discussed extensively at the City Council meeting of October 9, 2001. He suggested that Council Member Heffernan review the minutes of that meeting. City Manager Bludau added that staff is planning to bring Volume 54 - Page 540 INDEX C -3391 Balboa Yacht Basin Office Remodel (38) Harbor Committee (24) City of Newport Beach City Council Minutes October 23, 2001 INDEX the issue of the Harbor Commission to the City Council at a meeting in either December or January. Motion by Council Member Glover to confirm the Mayor's nomination of Richard Stevens to the Ad Hoc Harbor Committee. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None 21. BUDGET AMENDMENT TO TRANSFER $50,000 FROM BA -014 LIBRARY DSLS LIABILITY ACCOUNT 800 -22481 AND Distinguished APPROPRIATE TO EXPENDITURE ACCOUNTS TO ENABLE Speaker THE IMPLEMENTATION OF THE 5TH ANNUAL MARTIN W. Lecture Series WITTE DISTINGUISHED SPEAKER LECTURE SERIES. (40/50) Council Member Heffernan asked for additional information on what the $43,000 honorarium component would be used for. City Librarian Kienitz stated that the entire budget for the Distinguished Speaker Lecture Series (DSLS) is approximately $90,000 to $95,000, and it is anticipated that the honorariums will cost between $10,000 and $12,500 per speaker. Council Member Heffernan asked for the history of where the money comes from for the DSLS. City Librarian Kienitz stated that the budget amendment on the agenda is a housekeeping item for the Administrative Services Department, putting the money into a liability account and providing the City Council with a more comprehensive report. Council Member Heffernan pointed out that the money for the DSLS is received through donations. Motion by Mavor Pro Tern Ridgeway to approve BA -014. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None S24. COUNCIL APPROVAL OF CONTRACT WITH THE CORDIA C- 3482 -A COMPANIES FOR LEGISLATION ADVOCACY IN BA -018 WASHINGTON, D.C. Legislation Advocacy/ Russell Niewiarowski, stated that he did not see the staff report for JWA Settlement the item and asked if it was related to Item Nos. S25 and S26. Agreement (38/40) Mayor Adams stated that they are three separate agenda items. Motion by Council Member Bromberg to hire the firm of The Volume 54 - Page 541 City of Newport Beach City Council Minutes October 23, 2001 Cordia Companies, located in Washington, D.C., for the amount of $10,000 per month through March 2002, at which time the contract would be month to month, with a 30 -day written termination provisions and authorize the City Manager to sign the contract; and approve a budget amendment (BA -018) to appropriate $55,000 (October at $5,000 and November -March at $10,000) from unappropriated revenue and place in Account 0100- 0121 -8080. Laura Dietz, 325 Cameo Shores Road, stated that Mr. Cordia seems to have an impressive background, but that it doesn't specifically include airport - related issues. She asked if the action before the City Council was all that was needed, or if additional action would be taken at a later date. Mayor Adams stated that follow -up action would not be needed. Mayor Pro Tem Ridgeway stated that The Cordia Companies are very qualified. Ms. Dietz stated that she is only looking to have the best possible people in Washington, D.C. working for the City and its efforts to get an airport at El Toro. She stated that it would be nice if Mr. Cordia could meet with the Environmental Quality Affairs Committee. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None 525. AIRPORT WORKING GROUP (AWG) GRANT. Russell Niewiarowski pointed out that representatives were not present at the current meeting from either the Airport Working Group (AWG) or Citizens for Jobs and the Economy (CJ &E). Mr. Niewiarowski asked that the funding to AWG be denied, because he felt that they weren't responsible stewards and have failed in regard to the airport issues. He added that the results of an El Toro study have not been released and that AWG doesn't listen to those that do not share their viewpoints. Mayor Adams stated that the item before the City Council at the current meeting was not to provide additional funding to AWG, but to allow billing on an as- needed basis. Mr. Niewiaroswski concluded by suggesting that all funds be withdrawn, so that no billing would be needed. Motion by Mayor Pro Tem Rideewav to authorize the Mayor to execute an amendment to the AWG grant that would authorize the City Manager to make payments to the full extent of the grant Volume 54 - Page 542 INDEX C -3425 AWG Grant (38) City of Newport Beach City Council Minutes October 23, 2001 whenever invoices for work are submitted. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None S26. COUNCIL GRANT TO CITIZENS FOR JOBS AND THE ECONOMY (CJ &E) FOR LEGISLATIVE ADVOCACY REGARDING COUNTY AIR TRANSPORTATION ISSUES. Russell Niewiarowski stated that Citizens for Jobs and the Economy (CJ &E) gets plenty of money on its own and that he didn't understand why a grant would be provided when the Environmental Impact Report (EIR) for El Toro airport has already been certified. He asked how the money would be spent and why the City would even have such money available. Mr. Niewiarowski noted that the City has said it is not in the airport planning business, but yet it is supplying money to an organization that is supporting a certain airport plan. He asked how CJ &E could achieve its goals and fulfill City policy, without doing the lobbying that isn't allowed. Mayor Adams noted that the City Council has never taken a position on the V -plan for the El Toro airport. Motion by Council Member Glover to provide a grant to CJ &E for legislative advocacy services regarding Orange County air transportation issues. Council Member Heffernan asked if the grant agreement allows the City to stop paying installments if it decides to do so. City Attorney Burnham confirmed that this would be possible. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None K. PUBLIC COMMENTS Ron Baers, 1911 E. Balboa Blvd., Balboa Performing Arts Theater Foundation Board Member, stated that he was also the director of the 3�d Annual Run for the Arts, which benefits the revitalization of Balboa Village and the theater. Mr. Baers stated that the race was a success this year. He presented a recognition award to the City expressing the theater's appreciation for its sponsorship. Volume 54 - Page 543 INDEX C -3490 County Air Transportation Issues (38) City of Newport Beach City Council Minutes October 23, 2001 L. 0 Jim Hildreth, 120 The Grand Canal, submitted a letter, dated October 23, 2001, for public record and began reading from the letter by stating that he, "expressed his gratitude to the residents of Newport Beach for their knowledge of the history of Newport Harbor, and for their help in sharing the following facts with me ". Mr. Hildreth stated that, "it bothers me that you as council members, five of which are lawyers, are allowing this to continue and not allowing the rights of an individual. I'm asking for documentation. Where is it? Tony Melum was here and wouldn't stay. Where are the documents that I'm asking for? They're not in your presence. They're not in the presence of the City of Newport Beach, yet when I go to the City Clerk's office and ask for documents for the tapes that are copied for what's going on now, they say they are not there and that I have to wait for them to show up. Well, they're not in the presence of the City Clerk's office either, but they can be found and will be presented to me. Yet, I'm asking for documentation from Mr. Melum's office. It says that the Harbor Resources Division is newly formed. No. It has been reworded." Mr. Hildreth began reading from his letter of October 23, 2001, again by stating that, "I have been told that Mr. Melum received a law degree from Western State College of Law. If this is true, an attorney is bound, under oath, to uphold the United States Constitution as well as the Constitution and Laws of the State of California. I believe that he has failed to do so in the case of my rights to my family's long -held residential pier lease, and to provide me with the documents I have requested." Mr. Hildreth added that, "on the 24th of June, 1976, Mr. Harshbarger was director of the Marine Department". Russell Niewiarowski stated that everyone's been tricked by being told that a safe airport plan for El Toro is ready to be built. He stated that this isn't true. He added that different data regarding the winds has been presented to the County Board of Supervisors, but it has been ignored. He stated that people should start asking questions. He noted that agencies are advising the County that they need to come up with another plan, because the current one is flawed. He added that the current plan will have a greater impact on Newport Beach than the V -plan. He stated that many people support the V -plan, and that it is time for the City of Newport Beach to do so also. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES — None. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 23. PLANNING AGENDA FOR OCTOBER 18, 2001 Planning Director Temple stated that there were four items on the Planning Commission agenda for the meeting of October 18, 2001. She stated that the first item, regarding a restaurant application, was continued. The second item was a discussion item in regards to the potential review and call -up of the use permit for Carmelo's Restaurant. She stated that the Planning Commission decided not to call -up the item for review. Planning Director Temple stated that the Volume 54 - Page 544 INDEX Planning Commission (68) City of Newport Beach City Council Minutes October 23, 2001 INDEX third item approved a new office building for Newport Center, and the fourth item was a request to construct an event pavilion at the Radisson Hotel. She stated that this item was also approved by the Planning Commission. Per the question of Mayor Adams, Assistant City Manager Wood and Planning Director Temple stated that the Aye votes for the second item were Planning Commissioners Kiser, Agajanian and Gifford. Council Member O'Neil asked if the public or the Police Department spoke on the item at the Planning Commission meeting. He additionally asked what the deadline would be for an appeal. Planning Director Temple stated that the item could be appealed or called -up within fourteen days of the decision, which would be November 1, 2001. She stated that several area residents did testify, with one complaining about the noise from live entertainment and the others complaining about the noise from patrons as they leave the facility. She added that Police Captain Newman did speak at the meeting, and provided information regarding the noise complaints received by the Police Department. Council Member O'Neil asked if the noise from other establishments in the area were compared. Planning Director Temple stated that statistics were not provided, but that Captain Newman did testify that the noise from Carmelo's is common to that of other establishments throughout the City. Council Member O'Neil stated that the problem is the proximity of Carmelo's to a residential area. He stated that he understands both the residents' complaints and the restaurant's rights, and that he has spoken with one of the area residents. Council Member O'Neil stated that he doesn't believe it will be beneficial to call -up the item, since there are many areas in the City that have the same situation with incompatible land uses, but that the issue does need to be addressed. He stated that each situation needs to be dealt with individually and he is looking into the issue regarding Carmelo's. Planning Director Temple added that Captain Newman did state that the Police Department would monitor the situation. She added that the City is also working with the applicant in complying with their use permit and deploying their own security staff. Mayor Adams asked if the Police Department would be reporting back to the Planning Commission. Planning Director Temple stated that it would be included in a report that the Planning Commission has requested of staff on how sound problems and live entertainment are dealt with by the City. Mayor Adams requested that the City Council also receive the report. Council Member Bromberg asked if any citizen can appeal a decision of the Planning Commission. City Attorney Burnham stated that they can and Assistant City Manager Wood added that there is a fee to do so. Mayor Pro Tem Ridgeway stated that the Cannery Village area and the peninsula have issues with both on -site noise and off -site noise. He stated that on -site noise is handled by the conditional use permit, Volume 54 - Page 545 City of Newport Beach City Council Minutes October 23, 2001 but that it is difficult for an establishment to control the off -site noise, or to determine which establishment the patron may have exited from. He added that he feels that, at this point, it becomes an issue for the Police Department. Motion by—Council Member Bromberg to receive and file the written report. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None N. MOTION FOR RECONSIDERATION - None. O. ADJOURNMENT — 8:20 p.m. The agenda for the Regular Meeting was posted on October 17, 2001, at 2:00 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 October 19, 2001, at 2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 54 - Page 546 INDEX