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HomeMy WebLinkAbout01 - 11-26-2002City Council Meeting December 17, 2002 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes �i w �r� Regular Meeting DRA November 26, 2002 - 7:00 p.m. INDEX — Oancelled. CLOSED SESSION — 4:30 p.m rrrrrrrrrrrrrrrrrrr A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Absent: None C. CLOSED SESSION REPORT — None. D. PLEDGE OF ALLEGIANCE — Council Member O'Neil. E. INVOCATION — Pastor Frank Custer, Lighthouse Coastal Community Church of Costa Mesa. F. Pretend City Presentation — Cancelled. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): • Council Member Adams requested that the issue of Councilmanic redistricting be placed on an agenda as soon as practical after January 1, 2003. • Council Member O'Neil stated that he attended the rededication of the Goldenrod Footbridge on Thursday, November 21, 2002. He stated that the bridge was originally constructed in 1924, and that City crews recently completed a reconstruction of the flower boxes and wooden beams. He noted that Rex Brandt, designer of the City Seal, used to own property nearby and Council Member O'Neil felt that it would be appropriate to have some kind of monument placed in the area to Volume 55 - Page 487 City of Newport Beach City Council Minutes November 26, 2002 I. acknowledge Mr. Brandt's contributions to the City. He requested that the City Manager pursue the project. Council Member Heffernan noted two new City programs, the Interactive Voice Response system and the new consolidated monthly billing. He requested that an explanation of how both programs work be provided at the City Council meeting of December 17, 2002. Mayor Ridgeway announced that on Monday, November 25, 2002, Newport Elementary held "Proud to be An American Day". He stated that it was a tremendous event and will be televised on local television sometime in December. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 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. RESOLUTIONS FOR ADOPTION 3. PROPOSED ASSESSMENT DISTRICT NO. 70 (BAYSHORES) FOR UNDERGROUNDING UTILITIES. 1) Adopt the following resolutions: a) Resolution No. 2002 -80 making findings on a petition for, adopting a map showing the proposed boundaries of, and making appointments for Assessment District No. 70; b) Resolution No. 2002 -81 declaring intention to order the construction of certain improvements in proposed Assessment District No. 70, declaring the improvements to be of special benefit, describing the District to be assessed to pay the costs and expenses thereof, providing for the issuance of bonds, and to designate the area an Underground Utilities District; and c) Resolution No. 2002 -82 giving preliminary approval to the report of the Assessment Engineer, setting the time and place for a public hearing as January 28, 2003, and ordering the intention of assessment ballot procedure for Assessment District No. 70; and 2) approve the Special Counsel agreement with Robert Hessell. 4. Item removed from the Consent Calendar by a member of the audience. CONTRACTS AND AGREEMENTS 5. OUTSOURCING OF BILL PRINTING AND MAILING FUNCTION. Authorize the City Manager to approve a Professional Services Agreement between the City and Optimal Print Technologies, and direct staff to proceed with further consolidation of bills and other mailings into the Municipal Services Statement over the next several Volume 55 - Page 488 INDEX Res 2002 -80 Res 2002 -81 Res 2002 -82 Assessment District No. 70 (89) C -3584 Outsourcing of Bill Printing & Mailing Function (38) City of Newport Beach City Council Minutes November 26, 2002 months. 6. REAL PROPERTY LEASE FOR 709 E. BALBOA BOULEVARD AND UNITS 5 AND 6, 111 MAIN STREET (contd. from 11/12/02). Receive and file. 7. MARINERS, CHINA COVE AND 62ND STREET WASTEWATER PUMP STATION REHABILITATION — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH PBS &J. Approve a Professional Services Agreement with PBS&J, of Irvine, for engineering services at a contract price of $72,164 and authorize the Mayor and City Clerk to execute the Agreement. 8. Item removed from the Consent Calendar by Council Member Heffernan. 9. GEOTECHNICAL AND SURVEY ON -CALL SERVICES — APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH HARRINGTON GEOTECHNICAL ENGINEERING, COAST SURVEYING, GUIDA SURVEYING AND BUSH AND ASSOCIATES. 1) Approve Professional Services Agreement with Harrington Geotechnical Engineering for on -call geotechnical services (C -3580) and authorize the Mayor and City Clerk to execute the Agreement; 2) approve a Professional Services Agreement with Coast Surveying (C -3581) for on -call professional surveying services and authorize the Mayor and City Clerk to execute the Agreement; 3) approve a Professional Services Agreement with Guida Surveying (C -3582) for on -call professional surveying services and authorize the Mayor and City Clerk to execute and Agreement; and 4) approve a Professional Services Agreement with Bush and Associates (C -3583) for on -call professional surveying services and authorize the Mayor and City Clerk to execute the Agreement. 10. Item removed from the Consent Calendar by Mayor Ridgeway. 11. BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET (C -3428) — COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one year after City Council acceptance. 12. CITY FACILITY LIGHTING RETROFIT (C -3477) — COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one year after City Council acceptance. Volume 55 - Page 489 INDEX C -3578 Real Property Lease (38) C -3585 Wastewater Pump Station Rehabilitation (38) C -3580 C -3581 C -3582 C -3583 Geotechnical & Survey Services (38) C -3428 Balboa Blvd. Reconstruction & Drainage Improvements (38) C -3477 City Facility Lighting Retrofit (38) City of Newport Beach City Council Minutes November 26, 2002 13. BALBOA ISLAND BRIDGE BEAUTIFICATION (C -3375) - COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one year after City Council acceptance. 14. Item removed from the Consent Calendar by Council Member O'Neil. MISCELLANEOUS ACTION 15. WITHDRAW FROM THE CENTRAL NET OPERATIONS AUTHORITY (CNOA). Direct the City Manager to notify the secretary of CNOA prior to December 31, 2002, that the City of Newport Beach intends to withdraw as a member of CNOA, effective September 30, 2003. 16. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR THE DISTINGUISHED SPEAKERS LECTURE SERIES. Approve a budget amendment (BA -023) in the amount of $20,500. 17. NOMINATION FROM ECONOMIC DEVELOPMENT COMMITTEE TO FILL EDC VACANCIES. 1) Reposition current Old Newport area representative Gregg Schwenk to member -at- large; 2) appoint John Blom as the Corona del Mar BID representative; and 3) appoint Brion Jeannette as the Old Newport Boulevard area representative. 18. PURCHASE OF SUNPRO FIRE INCIDENT REPORTING SOFTWARE. Approve the purchase of SUNPRO 5.0 Incident Reporting Software for use by the Fire Department to document medical and fire incidents. 19. ACCEPTANCE OF WEAPONS OF MASS DESTRUCTION (WMD) GRANT. 1) Accept Federal Emergency Management Agency WMD Grant for $11,888.38 in reimbursement for equipment purchases made by the Fire Department; and 2) approve a budget amendment (BA -025) appropriating $11,888.38 into Fire Department Operations Account 2320 -9300. S24. Item removed from the Consent Calendar by Council Member Proctor. Motion by Mavor Pro Tem Bromberg to approve the Consent Calendar, except for those items removed (1, 4, 8, 10, 14 and S24). The motion carried by the following roll call vote: Volume 55 - Page 490 INDEX C -3375 Balboa Island Bridge Beautification (38) C -2911 Central Net Operations Authority (38) BA -023 Distinguished Speakers Lecture Series (40/50) Economic Development Committee (EDC) (24) Fire Incident Reporting Software (41) BA -025 Weapons of Mass Destruction Grant Acceptance (40141) City of Newport Beach City Council Minutes November 26, 2002 Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF NOVEMBER 12, 2002. Jim Hildreth, The Grand Canal, referred to Volume 55, Page 478 of the regular meeting minutes of November 12, 2002, and stated that he referred to the failure to pay bills, not fines, when he discussed the disconnection of utilities at that meeting. Additionally, Mr. Hildreth stated that on Page 479, it should have been noted that the Mayor turned his back on him as he spoke. Lastly, Mr. Hildreth stated that Mayor Ridgeway said he was annoying, not disrespectful as written in the minutes. Mr. Hildreth stated that he has spoken with an attorney with the American Civil Liberties Union (ACLU). Motion by Mavor Pro Tem Bromberg to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None 4. THE MARINE STUDIES CENTER: RESOLUTION REGARDING CONTRACT #P0180115 WITH THE CALIFORNIA DEPARTMENT OF FISH AND GAME FOR THE PLANNING AND DESIGN OF A MARINE STUDIES CENTER AT UPPER NEWPORT BAY ECOLOGICAL RESERVE; AND CONTRACTS FOR WETLANDS MAPPING /ASSESSMENT AND THE DEVELOPMENT OF AN INTERPRETATION PLAN FOR THE PROPOSED MARINE STUDIES CENTER. Jim Hildreth, The Grand Canal, commended the concept of a Marine Studies Center, but disagreed with mooring fees being used for Upper Bay activities. Motio b X Council Member O'Neil to adopt Resolution No. 2002 -83 for the execution of Contract #P0180115 with the California Department of Fish and Game for the Planning and Design of a Marine Studies Center at Upper Newport Bay Ecological Reserve; and 2) authorize the Mayor to execute two sole- source contracts as follows: a) with Coastal Resources Management (Rick Ware) for Wetlands Mapping and Biological Assessment ($40,443); and b) with Nature Volume 55 - Page 491 INDEX Res 2002 -83 C -3460 C- 3460(A) C- 3460(B) Marine Studies Center /California Department of Fish and Game (38) City of Newport Beach City Council Minutes November 26, 2002 Tourism Planning (Robert W. Garrison) for an Interpretive Plan (educational exhibits and related curriculum) ($25,000). City Attorney Burnham noted that the contracts under consideration are being funded by the American Trader oil spill. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None 8. ENCROACHMENT PERMIT NO. N2002 -0325 TO INSTALL A CURB OPENING ON THE SOUTHWESTERLY SIDE OF FINLEY AVENUE — 421 38TH STREET. Public Works Director Badum stated that the encroachment permit request is for the installation of a curb opening on the southwesterly side of Finley Avenue for the property at 421 38th Street. He stated that the property is located at the end of a block and has alley access. He noted that the property immediately adjacent, on the side street, has a garage that is not in conformance so the adjacent curb is painted red. Public Works Director Badum stated that since the curb that would be removed is already painted red, the encroachment would not reduce parking in the area. He added, however, that allowing the encroachment would be inconsistent with City policy, which requires access from alleys when available. Per Mayor Ridgeway's question, Public Works Director Badum stated that the streets in the area are narrow, but due to the red curb, there is adequate space to pull in and out of the adjacent garage. He noted, however, that if the adjacent property were to be redeveloped and, therefore, required to provide access from the alley, the opportunity to gain a parking space would be lost. Council Member Adams asked if there were any other curb cuts for residential driveways on Finley Avenue. Public Works Director Badum stated that there is the one adjacent to the property, and that it is common on the peninsula. Mayor Ridgeway requested that the discussion be limited to Newport Island, since it's an extraordinary area due to the street widths. Council Member Heffernan stated that the issue is that the applicant wants to move his garage opening from the alley to the side street. He stated that the letter from Patrick D'Addea in opposition to the installation of the curb opening makes the point that allowing the encroachment would be an allowing an exception to the policy. Mayor Ridgeway stated that the policy requires that all garages enter Volume 55 - Page 492 INDEX N2002 -0325 Encroachment Permit/Finley Ave. (65) City of Newport Beach City Council Minutes November 26, 2002 from the alley, if available. INDEX Ron Arko, the applicant, stated that he thought Mr. D'Addea was frustrated by the number of people that park in the existing red zone. Mr. Arko stated that his existing garage on the alley is difficult to get in and out of due to a legal, nonconforming structure across the alley. He stated that by having two garages facing each other on Finley Avenue, access would be easy. He added that he would never allow anyone to park in front of his garage. Mr. D'Addea, 501 38th Street, stated that the intent of the City policy is to get the garages into the alleys and keep the cars from crossing the sidewalks. He stated that he currently has a problem backing out of his garage when someone parks in the red zone. He concluded his statements by stating that allowing the garage on Finley Avenue would be unsafe. In response to Mayor Ridgeway's question, Mr. D'Addea stated that there is more traffic on the sidewalks than in the alleys. Council Member Glover stated that moving any garage from an alley to a side street is a mistake. She stated that the visual clutter that is created on the street deteriorates the neighborhood, and that it beautifies the neighborhoods to have the garages in the alleys. Mr. Arko stated that he is remodeling his property to make it look nicer. Mayor Ridgeway stated that the City policy should be respected, and noted that Newport Island is a unique place which can't afford to lose any parking spaces. He agreed with Council Member Glover that landscaping would be removed and that the alley would just remain a concrete alleyway. Council Member Adams stated that the only justification is that there is an existing curb cut across the street from the proposed curb cut. Motion by Council Member Adams to deny the Encroachment Permit. Council Member Heffernan noted that the item should not have been on the Consent Calendar since it was contested and, further, because the encroachment would have been permanent, if approved. In response to Mayor Ridgeway's question, Public Works Director Badum confirmed that all encroachment permits are handled through the Public Works Department. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Volume 55 - Page 493 City of Newport Beach City Council Minutes November 26, 2002 Noes: None Abstain: None Absent: None 10. BALBOA PIER AND WASHINGTON STREET REST - ROOM REPLACEMENTS (C -3367) - COMPLETION AND ACCEPTANCE. Referring to the delay in completing the project and the frustration of dealing with the contractor, Mayor Ridgeway asked how much the contractor was assessed in damages. Public Works Director Badum stated that the deduction totaled approximately $14,000 and was based on $250 for each day the project was late, as specified in the contract. Motion by—Council Member Glover 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; release the Faithful Performance Bond one year after City Council acceptance; and approve a budget amendment (BA -024) transferring $24,673.12 from Account No. 7231 - 2320621 to Account No. 7231- C5100567. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None 14. PROPOSED AMENDMENTS TO THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY S (SJHTCA) JOINT POWERSAGREEMENT. Council Member O'Neil stated that he is the City's representative on the San Joaquin Hills Transportation Corridor Joint Powers Agency Board of Directors and in February, it was brought to the Board's attention that one of the three bond rating agencies downgraded a portion of the SJHTCA bonds to a noninvestment grade rating. He stated that it presented a serious problem and in response, the Board retained two independent financial consultants to conduct a review and evaluate the options available to establish long term financial stability. Council Member O'Neil stated that it was concluded that consolidating SJHTCA with the FoothiWEastern Transportation Corridor Agency was the best option. It would restructure debt payments on a tax free basis, streamline operations to reduce costs, diversify the revenue base and strengthen the agency's ability to complete the toll road system. Lisa Telles, Director of Communications and Public Affairs for the Volume 55 - Page 494 INDEX C -3367 BA -024 Balboa Pier & Washington Street Restroom Replacements (38/40) C -2548 San Joaquin Hills Transportation Corridor Agency's Joint Powers Agreement (38) City of Newport Beach City Council Minutes November 26, 2002 Transportation Corridor Agencies, stated that they have been working diligently on the issue and have gone through a number of careful steps. She stated that in September, the boards of both corridor agencies approved a 21- member board structure, which would keep the current SJHTCA members on the new agency. Ms. Telles noted that a new traffic and revenue analysis is currently being done, which should provide a better understanding of how toll roads are working in the State today. She concluded her comments by stating that consolidation should insure that local control of the toll rates is maintained. Motion by Council Member O'Neil to adopt amendments to the SJHTCA Joint Powers Agreement which will result in the following actions: a) provide authority to create a new, consolidated agency; b) establish a 21- member Board of Directors for the new agency; c) maintain the 2/3 quorum requirement; d) establish a supermajority voting requirement; e) provide for the administration of the Development Impact Fee Program; and f) apply the indemnity, arbitration, and third -party beneficiary provision of the existing JPA. Mayor Ridgeway noted that the corridor agencies have come a long way since they were originally formed in 1986. Council Member Heffernan additionally noted that the SJHTCA is running at 77% of projected revenue and the Foothill/Eastern TCA is running at 107 %. He stated that the SJHTCA's debt is $1.8 billion. Consolidation would also provide the financial opportunity for the potential extension of the Foothill corridor. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None S24. NEWPORT ISLAND CHANNELS WATER CIRCULATION EVALUATION - AMENDMENT 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. Assistant City Manager Kiff stated that the proposal is to enter into a continuation of a contract with Everest International Consultants to continue to look at the water quality problem that exists around Newport Island. He stated that the problem is that the bacteria levels, due primarily to urban runoff, are higher than State standards. He stated that a couple of methods have been tried, such as increasing circulation, which exposes the bacteria to sunlight and kills the bacteria. He stated that special catch basin filters have also been installed and that these have produced improvements significant enough to bring the bacteria levels below State standards. Assistant Volume 55 - Page 495 INDEX C -3485 Newport Island Channels Water Circulation Evaluation (38) City of Newport Beach City Council Minutes November 26, 2002 INDEX Vity manager Is at stated that the proposal with Everest is to continue to look at ways to improve circulation in case the results being produced by the filters don't continue. He stated that an in- stream device was previously attempted, but complaints were received by area residents about its noise and unsightliness. He stated that the proposal is to look at an underwater pump or fan system, and that it would be funded by the State Clean Beaches initiative. Council Member Proctor asked how effective the in- stream system was. Assistant City Manager Kiff stated that the idea was abandoned due to the complaints received, but modeling did indicate that there would be a significant improvement. He noted, however, that the test readings didn't show this same improvement. Council Member Proctor asked what the timeframe would be for finding another solution. Assistant City Manager Kiff stated that the filters are already showing an improvement, and that an underwater pump and a pipe -to- the -sea approach would be other possible options. He noted that modeling can be done, but it wouldn't be until after a rainy season that any significant actual improvement could be determined. Mayor Ridgeway confirmed with Assistant City Manager Kiff that the in- stream devices were used during May and June of 2002. Mayor Ridgeway asked what the results of the water quality tests were. Assistant City Manager Kiff stated that there was no improvement shown at the shoreline testing, but that the modeling of the devices in the interior waters showed that the bacteria levels would be decreased. Mayor Ridgeway expressed his disappointment that better testing wasn't done and noted that the tests results can change from location to location. He stated that the Harbor Quality Committee supported the use of the in- stream devices and even talked about the possibility of camouflaging them. Mayor Ridgeway stated that the State grant should be used, if possible, for the underwater system. He asked if permissible locations had been found for the new devices. Assistant City Manager Riff stated that the West Newport Beach Association has expressed a willingness to work with the City in finding appropriate locations. Assistant City Manager Riff stated that he's still skeptical that the underwater system will provide a long term solution, but that the State is very interested in having it tested and the filters are already producing results, so there is some assurance that water quality is being improved in the meantime. Mayor Ridgeway stated that the flushing system has never been found to provide an adequate solution and the pipe -to- the -sea approach would be a major undertaking. He agreed that the filters and storm drains do provide an assurance that water quality is being improved and that additional methods should continue to be pursued. Motion by Council Member Proctor to approve Amendment No. 1 to the Professional Services Agreement with Everest International Consultants, Inc., of Long Beach, California, for Water Quality Circulation Evaluations at a contract price of $39,830 and authorize Volume 55 - Page 496 City of Newport Beach City Council Minutes November 26, 2002 INDEX the Mayor and City Clerk to execute the Agreement. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None K. PUBLIC COMMENTS • Jim Hildreth, The Grand Canal, referred to Item No. 5 of the November 12, 2002, City Council meeting, Balboa Yacht Basin Rental Adjustments, and asked if Tony Melum is the Division Manager or the Department Director for Harbor Resources. He stated that he is responsible for maintaining the City's pier permits and knows of the agreement the City has with the Hildreth family. Mr. Hildreth requested that the pier permit in the agreement be checked out. • Peggy Fort, 310 Fernando Street, Suite 212, representing the Balboa Village Business Improvement District, invited the City Council and the public to visit the beach and celebrate the holidays Newport Beach style this year. She stated that Balboa Village has a number of events, including the 2nd Annual Newport Beach Elementary Paint the Town event on December 71h. Ms. Fort stated that the 18t Annual Balboa Village Christmas Tree Lighting Ceremony would also be taking place at 6:00 p.m. that same day. She noted that the tree that will be decorated is a 96-foot tall, live tree at the corner of Balboa Boulevard and Palm Street. Lastly, Ms. Fort announced that the Balboa Merchants and Owners Association would be holding their annual fundraising event with a dinner /dance aboard the Catalina Flyer on December 12th. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES • Council Member Proctor announced that the July 4th West Newport Safety Planning Committee met and discussed the possibility of changing the entire approach to the 4'h of July problem. He stated that rather than having law enforcement trying to solve any problems once they start, they're considering imposing access restrictions. Council Member Proctor noted that this would impact the community, so the Committee is currently seeking public input on the idea. He stated that the Committee would be meeting again in January 2003, and requested that the City Attorney's office research the legality of imposing such restrictions. Mayor Ridgeway noted that the City Attorney's office will need to work with the Police Department on the issue. He also stressed the importance of the area residents providing their reaction to the possibility of restricting access to their residences during the 4th of Volume 55 - Page 497 City of Newport Beach City Council Minutes November 26, 2002 July period. In reference to Item No. 6, Real Property Lease, Council Member Proctor asked if the correspondence received from David Magilavy, Attorney at Law, regarding attorney fees was a part of the action taken on the item. If not, he requested that the $3,000 bill for failed negotiations over the lease be addressed by the City Council at a future meeting. Mayor Ridgeway stated that he also has strong feelings on the issue and confirmed that it was not a part of the action taken earlier in the evening. Mayor Pro Tem Bromberg stated that he met with staff earlier in the day to request that they begin to gather information in regard to the redistricting issue. He stated that he plans to call a Councilmanic Redistricting Committee meeting after January 1, 2003. Council Member Heffernan noted that the City Council can now look at the redistricting issue since the Newport Coast preannexation agreement was met in regard to keeping the area within one district through the first election following annexation. He stated that this requirement was met with the recent election and that redistricting can now be done more easily. Ad Hoc General Plan Update Committee (GPUC). No report. Local Coastal Program Certification Committee. No report. M. PUBLIC HEARINGS 20. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISES TO SOUTHERN CALIFORNIA ENVIRONMENTAL AND PROGRESSIVE LAND CLEARING, DBA THOMAS DEMOLITION. Mayor Ridgeway opened the public hearing. Hearing no testimony, Mayor Ridgeway closed the public hearing. Motion by Mayor Pro Tern Bromberg to adopt Ordinance No. 2002.28 granting Non - exclusive Solid Waste Franchises to Southern California Environmental and Progressive Land Clearing, dba Thomas Demolition. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None Volume 55 - Page 498 INDEX Ord 2002 -28 Solid Waste Franchises (42) City of Newport Beach City Council Minutes November 26, 2002 21. VACATION OF PUBLIC RIGHT -OF -WAY ALONG PORT CHARLES PLACE, ADJOINING LOTS 26 THROUGH 35 OF TRACT NO. 6622. Council Member Heffernan noted that the issue that was discussed at the meeting of October 22, 2002, when the hearing was set, was the potential use of the area by the City in the future. He stated that it was determined that the City did not have current or expected future need for the area. Public Works Director Badum additionally noted that the existing parkway width is not consistent with the rest of the neighborhood. Mayor Ridgeway confirmed with Public Works Director Badum that the grass areas in front of the homes in the Port streets primarily belong to the homeowners, with the exception of the street under discussion. City Manager Bludau added that by increasing the lot size, there would then be the potential to increase the house size in the future. Mayor Ridgeway noted the specific information in the staff report regarding the permitted floor area and the requirement that the applicant would have to request a change to the setback map to move a new structure closer to the existing street and sidewalk. Mayor Ridgeway opened the public hearing. Ken Everson, 1986 Port Trinity Circle, the applicant, thanked the City Council for their service to the community and the Public Works Department for processing his request. He stated that the land in question has been used by the homeowners for over 30 years. He noted that the restrictions of the homeowners association with regard to permitted floor area are stricter than the City's, and that the increase in the lot size is 390 square feet per lot. Additionally, Mr. Everson stated that allowing the property lines to move forward provides for larger backyards and is not detrimental to the streetscapes, which was a concern in the past when the homes were more uniform. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Mayor Ridgeway agreed that the custom homes in the area do provide for an attractive variation. Motion by Council Member Heffernan to adopt Resolution No. 2002 -84 ordering the vacation of six-feet of public right of way along Port Charles Place, and direct the City Clerk to have the resolution recorded by the Orange County Recorder. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Volume 55 - Page 499 INDEX Res 2002 -84 Vacation of Public Right -of -Way (90) City of Newport Beach City Council Minutes November 26, 2002 Noes: None Abstain: None Absent: None N. CURRENT BUSINESS 22. ADJUSTMENTS TO THE COMPENSATION OF THE CITY CLERK, CITY ATTORNEY AND CITY MANAGER. Mayor Ridgeway reported that the City Clerk, City Attorney and City Manager were evaluated by the City Council and that a subcommittee, consisting of Mayor Pro Tern Bromberg and Council Member O'Neil, are prepared to make a recommendation. Mayor Pro Tern Bromberg stated that the City Clerk, City Attorney and City Manager are appointed by the City Council and are supposed to be evaluated every November. Mayor Pro Tern Bromberg noted that the City Manager is basically the Chief Executive Officer (CEO) of the corporation, or the City. He works with the City Council, the public and the day -to -day affairs of the City. Mayor Pro Tern Bromberg listed several of City Manager Bludau's accomplishments. Mayor Pro Tern Bromberg stated that the City Attorney is the corporation's lawyer. City Attorney Burnham has been with the City for 23 years, and is involved with some of the most sophisticated legal and municipal issues that cities become involved in. Mayor Pro Tern Bromberg stated that City Clerk Harkless puts out an incredible amount of work. He listed several of her accomplishments and specifically noted her work with election administration. Mayor Pro Tern Bromberg concluded his comments by stating that each of the three employees have been asked to provide the City Council with their goals for the future. Council Member O'Neil also acknowledged the dedication and skill of the three employees and announced that, based on salary survey information and the results of the evaluations, the subcommittee is recommending changes to the compensation of the three employees. Motion by Council Member O'Neil to approve a 2% cost of living increase plus a 3% merit increase for a total increase of 5% to the base salaries of the City Manager, the City Attorney and the City Clerk. Mayor Ridgeway stated that the City Council is trying to reward the three employees for long -term employment and a job well done. Council Member Glover noted that she would be reserving her comments for her outgoing speech to be given on December 10, 2002. Council Member Proctor stated that City Attorney Burnham is better than any counsel the County of Orange has ever employed and his longevity is invaluable in dealing with the issues. Council Member Proctor stated that he is overwhelmed with the quality of the job done by City Manager Bludau. He additionally complimented the Volume 55 - Page 500 •RI C -3003 C -3080 C -3262 Employment Contracts (38) City of Newport Beach City Council Minutes November 26, 2002 innovations constantly being introduced by City Clerk Harkless. Jim Hildreth, The Grand Canal, stated that the dollar figures of the three employees should have been included in the report. He stated that he has been asking the City Clerk to record the minutes correctly, has asked the City Manager to look into a matter involving Harbor Resources Manager Melum and wondered if it was the City Attorney who had a police officer approach him at the City Council meeting of November 12, 2002. Mr. Hildreth suggested that the City Attorney look into the health policy of the City Manager. Linda Grant, Balboa Peninsula resident, stated that even though she and the City have been adversaries on certain issues, she thinks the three employees deserve a raise. She stated that they are always there to meet and discuss the issues. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None 23. LEASE FOR AMERICAN LEGION POST 291, LOCATED AT 215 15TH STREET. Mayor Ridgeway announced that there have been some corrections to the lease agreement and asked if the changes had been communicated with the American Legion. City Attorney Burnham stated that the attorney for the American Legion is not present, but that he did communicate the changes to Dennis Lahey and also provided him with a copy of the lease. He noted that the revisions are minor. City Attorney Burnham stated that the first revision involved the use of the words "adjoining" and "adjacent" when describing a certain property. He stated that they were used interchangeably throughout the document and that the change provides for consistency by using "adjoining' when describing the property. City Attorney Burnham noted that it was Council Member Heffernan who recommended the revisions. Secondly, City Attorney Burnham stated that it was suggested that the lease include a commencement date that coincides with the calendar year, so the lease would begin on January 1, 2003. The third change is to Section 5.3 of the lease and requires that the operation of the premises be of a standard that would be expected from an organization similar to the American Legion. It is also being recommended that the language in Section 6.3 be modified to clarify that renovations would be done at the lessee's sole cost. City Attorney Burnham stated that the last change recommended by Council Member Heffernan was to eliminate Section 15.3, since it could Volume 55 - Page 501 INDEX C -1772 American Legion (3S) City of Newport Beach City Council Minutes November 26, 2002 INDEX restrict the ability of the American Legion to obtain financing. Dennis Lahey, 4 Latitude Court, American Legion, acknowledged the professionalism of all those involved with the lease negotiations. He stated that the recommended revisions are acceptable. John Tarwater, Commander of Post 291, stated that the negotiations couldn't have been handled any better and have provided for an equitable outcome. He asked if the lease was for 50 years or for two 25 -year periods. City Attorney Burnham stated that the lease is for an initial 25 -year term with the option for the Legion to extend the term for an additional 25 years, as long as it provides notice to the City and is not in default at the time. Mayor Ridgeway noted that options are to the benefit of the tenant. Tom Hyans, President of the Central Newport Beach Community Association, thanked the City for the proposed lease. He stated that it is a good lease and is consistent with the Association's policy to encourage the renewal of the American Legion lease. Motion by Mayor Ridgeway to approve the lease as amended by City Attorney Burnham, and authorize the Mayor and City Clerk to execute the lease. Mayor Ridgeway stated that it has been a pleasure to work with the members of the Legion and that he's happy that any differences have been settled. Mayor Pro Tem Bromberg additionally acknowledged the American Legion attorney, Greg Peterson. Mayor Pro Tem Bromberg stated that the City embraces its strong military presence. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None O. MOTION FOR RECONSIDERATION - None. P. ADJOURNMENT - at 8:37 p.m. to 4 :30 p.m., Tuesday, December 10, 2002. The agenda for the Regular Meeting was posted on November 20, 2002, at 2:15 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 November 22, 2002, at 2:40 p.m. on the City Volume 55 - Page 502 City of Newport Beach City Council Minutes November 26, 2002 Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 55 - Page 503 INDEX