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HomeMy WebLinkAbout01 - MinutesDecember 14, 1998 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes ®���� Regular Meeting November 23, 1998 - 7:00 p.m. INDEX CLOSED SESSION REPORT PRESENTED — Pursuant to Government Code Section 54957.1, the City Council accepted the single bid of $161,000 for the property known as 3404 Balboa Boulevard by a unanimous, 6 -0, vote (Glover — absent). RECESSED AND RE CONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Debay, O'Neil, Hedges, Noyes, Mayor Edwards Absent: Glover Pledge of Allegiance — Mayor Edwards. Invocation by Dr. James T. (Jim) Bradford, Newport -Mesa Christian Center. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- Council Member Noyes requested that staff prepare an amendment to the Council's Harbor Permit Policy for the December 14 meeting that will allow Council to approve non - commercial piers when a waterfront property owner's access to the water is impacted by a Public Works project. • Mayor Pro Tem O'Neil requested a report regarding the creation of a conference area in City Hall for Council to hold meetings and make telephone calls with a budget under $10,000. • Mayor Edwards congratulated Council Member Debay on being elected Chairman of the Orange County Sanitation District. • Mayor Edwards congratulated re- elected Council members Dennis O'Neil and Norma Glover; and newly - elected Council members Gary Adams and Tod Ridgeway. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF NOVEMBER 9, 1998. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. Volume 52 - Page 219 City of Newport Beach City Council Minutes November 23, 1998 INDEX RESOLUTIONS FOR ADOPTION 3. RESOLUTION LIMITING THE PARKING OF VEHICLES ON Ord 98 -25 CERTAIN STREETS AND ORDINANCE REVISING PREFERENTIAL Res 98 -73 PARKING ZONE 2 (NEWPORT HEIGHTS AND CLIFF HAVEN). Adopt Residential Parking Resolution No. 98 -73 limiting the parking of vehicles on certain streets and Permit Program/ rescinding Resolution No. 98 -29; and introduce Ordinance No. 98 -25 Newport Heights & amending Section 12.68.060 of the Newport Beach Municipal Code to Cliff Haven establish a residential parking permit program for portions of Newport (85) Heights and Cliff Haven, and pass to second reading on December 14, 1998. 4. EMERGENCY MANAGEMENT ASSISTANCE (EMA) GRANT Res 98 -74 PROGRAM AUTHORIZATION. Adopt Resolution No. 98.74 designating EMA Grant the City Manager as the City's Authorized Official and the Fire and Marine Program Chief as the Alternate Authorized Official responsible for executing (41) applications and documents for the purpose of obtaining financial assistance through the Emergency Management Assistance Grant Program. 5. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT ( BALBOA Res 98 -75 ISLAND BAYSIDE BUSINESS IMPROVEMENT DISTRICT) Marine Ave. RENEWAL AND EXPANSION, ANNUAL REPORT FOR 1998. Approve BID Marine Avenue Business Improvement District 1998 Annual Report; and (27) adopt Resolution of Intention No. 98 -75 and set the public hearing for December 14, 1998. Ayes: Thomson, Debay, O'Neil, Hedges, Mayor Edwards Noes: None Absent: GIover Abstain: Noyes 6. NEWPORT BEACH RESTAURANT IMPROVEMENT DISTRICT 1998 Res 98 -76 ANNUAL REPORT AND DISTRICT RENEWAL. Approve Newport Newport Beach Beach Restaurant Improvement District 1998 Annual Report; and adopt Restaurant BID Resolution of Intention No. 98 -76 and set the public hearing for December 14, (27) 1998. CONTRACTS AND AGREEMENTS 7. UNDERGROUND UTILITIES IN BAY SHORES (PROPOSED C -3246 UNDERGROUND ASSESSMENT DISTRICT NO. 70). Authorize a BA -021 budget amendment (BA -021) to appropriate $67,695 from the General Fund Underground to the Assessment District Fund, Assessment District No. 70 — Bay Shores, Assessment Account No. 7401- C5200483; and authorize the City Manager to execute a District 70 — Professional Services Agreement with GFB Friedrich & Associates in an Bay Shores amount not to exceed $24,695 for assessment engineering services. (38/40/89) 8. UNDERGROUND UTILITIES IN BALBOA BOULEVARD BETWEEN Underground "A" STREET AND "H" STREET (PROPOSED UNDERGROUND Assessment ASSESSMENT DISTRICT NO. 71). In order to expedite the conversion: District 71— authorize the Public Works Department to complete any service connections Balboa Boulevard that are not completed by January 1, 1999, bill the affected property owners (89) for the work, and place liens on the properties until the connection fees are paid; and authorize the Public Works Department to hire a licensed contractor to complete the underground service connections for those Volume 62 - Page 220 City of Newport Beach City Council Minutes November 23, 1998 INDEX properties that have not completed their service connections by January 1, 1999. 9. UNDERGROUND UTILITIES IN RIVER AVENUE FROM CHANNEL C -3247 PLACE TO 38TH STREET INCLUDING CHANNEL PLACE BA -022 (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 81). Underground Authorize a budget amendment (BA -022) to appropriate $47,775 from the Assessment General Fund to the Assessment District Fund, Assessment District No. 81 - District 81- River Avenue, Account No. 7401- C5200484; and authorize the City Manager River Avenue to execute a Professional Services Agreement with GFB Friedrich & (38/40/89) Associates in an amount not to exceed $16,775 for assessment engineering services. 10. BALBOA ISLAND BAYFRONT REPAIRS - AWARD OF CONTRACT C -3166 (C- 3166). Approve the plans and specifications; award contract to Surfside Balboa Island Restoration for the total bid price of $45,392.90, and authorize the Mayor and Bayfront the City Clerk to execute the contract; and establish an amount of $4,500 to Repairs cover the cost of unforeseen work. (38) 11. USE PERMIT NO. 3612 - 3100 WEST COAST HIGHWAY (T.L.A., INC.) UP 3612/ Approve the improvement plans and specifications and accept the public 3100 West improvements constructed in conjunction with Use Permit No. 3612; Coast Highway authorize the City Clerk to release the faithful performance bond (Certificate (88) of Deposit No. 2084 7800); and authorize the City Clerk to release the labor and material bond (Certificate of Deposit No. 2084 7800) in six months, provided no claims have been filed. 12. PROFESSIONAL SERVICES AGREEMENT FOR JAMBOREE ROAD C -3242 REHABILITATION FROM EAST COAST HIGHWAY TO SAN Jamboree Rd. JOAQUIN HILLS ROAD (C- 3242). Approve a professional services Rehab. agreement with Berryman & Henigar of Santa Ana for professional (38) engineering services for a contract price of $37,134. 13. MEMORANDUM OF UNDERSTANDING (MOU) - NEWPORT BEACH C -2065 CITY EMPLOYEES LEAGUE. Approve the MOU between the City and Employees the City Employees League for the period July 1, 1998 to June 30, 2001. League MOU (38) MISCELLANEOUS ACTIONS 14. PLANNING COMMISSION AGENDA FOR NOVEMBER 19, 1998. Planning Receive and file. (68) 15. BUDGET AMENDMENT (BA -024) - DONATION FOR CLIFF DRIVE BA -024 PARK LANDSCAPING. Approve budget amendment (BA -024) in the Cliff Dr. Park amount of $5,103 to fund the planting of flowering trees and shrubs at Cliff Landscaping Drive Park. (40/62) 16. BUDGET AMENDMENT (BA -023) - TENNIS RESERVE FUND BA -023 BUDGET TRANSFER. Approve the transfer of $27,000 from Account Tennis No. 010 -3742, Tennis Reserve Fund, and appropriate to Account No. 4330- Reserve 8080, Fee Based Classes - Professional/Technical NOC to appropriate tennis Fund reserves for court resurfacing, bench replacement and purchase of tennis (40162) equipment, replacement nets and windscreens. Volume 52 - Page 221 City of Newport Beach City Council Minutes November 23, 1998 17. APPOINTMENTS TO THE ECONOMIC DEVELOPMENT COMMITTEE (EDC). Appoint Lisa Reedy as the Newport Center/Fashion Island representative; and designate Gary DiSano as the Cannery Village Representative and Michael Porter as the At -Large Representative. 18. COSTA MESA FREEWAY LITTER REMOVAL (Requested by Council Member Glover). Receive and file. 19. AMENDMENT TO CIVIL SERVICE RULES. Approve suggested language for Civil Service Rules 501.2.3.1.c.2 and 501.2.3.1.d.2, allowing for the extension of promotional and open employment lists for an additional year. Motion by Mayor Pro Tern O'Neil to approve the Consent Calendar. Without objection, the motion carried by acclamation. Council Member Noyes abstained on Item 5. PUBLIC COMMENT • Allan Beek, 2007 Highland, stated that the City entered into a CIOSA agreement with The Irvine Company in which they offered to dedicate a large parcel near Fashion Island as permanent open space. Mr. Beek stated that the City failed to accept The Irvine Company's offer of dedication on November 19, 1996, and requested to have the offer of dedication placed on the agenda. PUBLIC HEARING 20. AN AMENDMENT TO DISTRICTING MAP NO. 1 TO CHANGE ZONING DISTRICT CLASSIFICATION OF 511 CANAL STREET (NEWPORT SHORES COMMUNITY CLUBHOUSE) FROM OPEN SPACE PASSIVE (OS -P) TO OPEN SPACE ACTIVE (OS -A) [AMENDMENT NO. 881]. Mayor Edwards opened the public hearing. There being no testimony, Mayor Edwards closed the public hearing. Motion by Council Member Debav to introduce Ordinance No. 98 -26 for Amendment 881, and pass to second reading on December 14, 1998. Without objection, the motion carried by acclamation. CONTINUED BUSINESS 21. IMPROVED IDENTIFICATION AND PROMOTION OF HISTORIC ASSETS ON THE BALBOA PENINSULA. Motion by Council Member Hedges to become more proactive in the designation of historic properties by directing staff to encourage owners of historic properties to have their properties designated and directing staff to amend City Council Policy K -2 to provide for City initiation of the designation process; instruct staff to retain professional design assistance to develop historic plaques; approve the purchase, use, and maintenance of historic plaques to identify City designated historic buildings and sites; and Volume 52 - Page 222 INDEX EDC (24) Fwy Litter Removal (74) Civil Service Rules (66) Ord 98 -26 Amendment 881 511 Canal St./ Newport Shores Community Clubhouse (94) Identification and Promotion of Historic Assets on Balboa Peninsula (35) City of Newport Beach City Council Minutes November 23, 1998 instruct staff to work with local historic preservation groups to expand promote walking tours of the Balboa Peninsula sites. Without objection, the motion carried by acclamation. 22. CORONA DEL MAR TIDEPOOLS. Nancy Gardner, 323 Jasmine, member of the Surfrider Foundation, suggested that the City create a resolution or make a motion to close the tidepool area to send a message that there is a problem that needs a solution. She expressed the opinion that no science will take place without closure and that recommending closure only starts a procedure. She indicated that baseline studies will take about a year to complete. Ms. Gardner believed that, if there is no closure, there could be very controlled, grant funded studies. However, if closure is done correctly, she expressed the opinion that there will still be full access to the sand, water, and recreational areas of Little Corona; other parts of the tidepools can still remain open; and the educational needs can still be handled. She commented that it is time the City managed its marine parks. Mayor Pro Tem O'Neil stated that he was more inclined to follow the recommendation which allows the studies to proceed. Deputy Chief Melum concurred, stating that Professor Kelly and Dr. Murray believed that this recommendation would be appropriate at this time since the preliminary studies suggest that there has been some loss of species and probably degradation of habitat. He stated that, even though their studies suggest that it is due to human intervention and high visitor use, El Nino, urban runoff, and water temperature might also be factors to the problem. He stated that they are reluctant to proceed with recommendations 3 and 4 until they have spent some time studying the area. In response to Mayor Pro Tem O'Neil's question, Mr. Melum stated that they were not aware that there was this type of damage to the tidepools and that the main reason for the Marine Preserve Officers was to control the school groups. He reported that the Marine Life Refuse Code does not discuss denial of access just educational purposes, and believed that this may need to be expanded. He indicated that the money was focused for spring time, and that there was no budget and no need to staff low tides during the off season and fall. He also pointed out that the preliminary studies indicate that additional damage is being done by sport fisherman, beach users, and hobbyists that may need supervision. Council Member Debay suggested looking into getting grant funds and requested finding out more information. Mayor Pro Tem O'Neil noted that the Corona del Mar tidepool area is one of only three State - designated marine life refuges. He stated that this is a very sensitive ecosystem that warrants the City's protection. Motion by Mayor Pro Tem O'Neil to establish a panel of experts to assess the current condition of the ecosystem at Little Corona del Mar rocky intertidal via additional scientific research (the panel would recommend Volume 52 - Page 223 INDEX Corona del Mar Tidepools (51) City of Newport Beach City Council Minutes November 23, 1998 action to the City based on their findings in 90 possible use of grant funds. investigate the In response to Council Member Hedges' statement, Mayor Pro Tem O'Neil believed that the tidepools are in jeopardy from overuse and from individuals taking specimens from them. He recommended that staff come back to Council with a recommendation for the panel of experts, then Council will decide who the panel will be, when they should meet, and their duties. He stated that a study session will be a good time to discuss this. Council Member Hedges suggested getting a recommendation from EQAC. Mayor Pro Tern O'Neil concurred, stating that Council should get this issue off the ground and then refer the intermediate or final findings to EQAC and the Harbor Quality Citizens Advisory Committee. He also suggested requesting assistance from the Kerckhoff Marine Lab. He concurred with Council Member Hedges that Council does need to give the issue direction and have control so that the City does not deny public access without having solid justification. Without objection, the motion carried by acclamation. 23. REPORT FROM THE PROP COMMITTEE (AD HOC COMMITTEE TO PROMOTE THE REVITALIZATION OF THE BALBOA PENINSULA) RECOMMENDING APPROVAL OF A LEASE OF THE BALBOA THEATER TO THE BALBOA THEATER ARTS FOUNDATION. Council Member Hedges reported that Council made the step to oversee the purchase of the Balboa Theater using CDBG funds designated for economic development. He stated that the Balboa Theater Arts Foundation has been involved with the Theater for a number of years and have been successful in raising money to renovate the building. City Attorney Burnham summarized the 25 -year lease, stating that, even though no rent will be paid, the Foundation is required to make substantial improvements to the property before operating as a theater, operate a first class community theater, and offer a minimum number of annual performances. Further, there are property use restrictions and insurance requirements the Foundation must follow. Council Member Thomson recommended amending the lease to have the option to purchase (Page 4, Section 4.3) begin at month 25 to month 74; that the option be determined by taking the $480,000 and having it compounded annually with the CPI; and, after five years, the Foundation has a first right of refusal (Page 5, Section 4.5) at the market price. He expressed concern relative to the Repairs and Maintenance provisions (Page 13, Article 10), believing that the Foundation can terminate the lease if the cost of repairing and replacing any of the structural roof is more than they initially thought. Regarding the Executive Board and Advisory Board (Page 14), he suggested that the Mayor appoint a Council member to the Board so that they would have access to Council. Council Member Debay indicated that the Foundation will allow Council to attend the meetings but will not be a voting member of the Board. Regarding Council Member Thomsons suggestions, Mr. Burnham clarified Volume 52 - Page 224 INDEX C -3248 Balboa Theater Lease (38) City of Newport Beach City Council Minutes November 23, 1998 INDEX that the option to purchase does not occur until the Foundation has operated the Theater successfully for 5 years. He stated that Council Member Thomson's comment regarding the cumulative percentage increase is a better term since it is an annualized compound of the percentage increase and more accurately reflects increases in the CPI. He clarified that the right of first refusal was discussed at the option price; however, he is unsure that the City is in the position of getting offers to buy the property since no rental income is received. In response to Council questions, Mr. Burnham confirmed that the lease will survive a change in ownership; that the City reserves the right to assign its interest in the lease to a non-profit corporation; and that the lease allows the Foundation to assign the leasehold interest only with Council approval. Regarding the use of CDBG funds, Assistant City Manger Wood stated that, if someone wanted to purchase the Theater from the City, there would be no constraint for the new property owner; however, the income that the City would receive will be treated as original Block Grant dollars that can only be used for CDBG eligible projects. In response to Council Member Debay's concerns, Mr. Burnham believed that the Foundation is not concerned with the City selling the property since there is no income derived from the lease, and therefore, may not have a substantial market value. Additionally, the use cannot be changed once the 25-year lease is signed. In response to Mayor Pro Tem O'Neil's question regarding default, Mr. Burnham stated that the City could take the property back if the Foundation fails to make the necessary improvements; fails to have the minimum number of performances; fails to pay any fees, assessments, taxes, or charges on the property; fails to maintain insurance; or fails to live up to any of the obligations in the lease. Regarding Council Member Thomson's suggestion to have the option to purchase begin at month 25 to month 74, Mr. Burnham clarified that the Foundation does not have an option to purchase until they have satisfactorily performed for 5 years after they complete the initial improvements. He clarified that there is no time restriction on the right of first refusal. Steve Bromberg, Foundation member and Counsel, stated that the Foundation carefully negotiated the lease and requested Council approval. He stated that it is their understanding that the lease begins tonight, not in 2 or 5 years, as this may hamper their fund raising efforts and pointed out that the Foundation will be putting over $700,000 into the property. Regarding City representation on the Board, Mr. Bromberg indicated they have no problem with anyone attending the meetings; however, by law, the City is prohibited from having a voting member on the Board. He reported that they just found out that the Theater also needs a new roof and that this will be their responsibility. He expressed the opinion that the lease is fair and good, and the Foundation and the PROP Committee are happy with it. In response to Council Member Hedges' question regarding the percentage increase through the option price as tied to the CPI, Mr. Bromberg indicated that this is a cumulative CPI, as illustrated in the lease. Volume 52 - Page 225 City of Newport Beach City Council Minutes November 23, 1998 In response to Mayor Edwards' question, Mr. Burnham confirmed that a memorandum will be prepared for recording. Council Member Hedges commended the Foundation for putting this project together and noted that many of the members are not residents of the Peninsula. He agreed that it is a huge undertaking and believed that the City should give them every opportunity to make it a success. Although Council Member Thomson's comments are well taken, he does not feel they are significant enough to cause the City to amend the lease. Motion by Council Member Hedges to approve the lease with the Balboa Theater Arts Foundation. Without objection, the motion carried by acclamation. Mr. Bromberg, Foundation President Dayna Pettit, and other members of the Foundation presented the City with a Steve Simon print of the Balboa Theater to thank the City for its leap of faith. 24. UNSCHEDULED VACANCIES ON THE PLANNING COMMISSION. Motion by Mayor Edwards to declare two vacancies on the Planning Commission due to the election of Planning Commissioners to the City Council in both Districts 1 and 4; appoint Mayor Pro Tem O'Neil, Council Member Thomson, and Council Member Debay to the Ad -Hoc Appointments Committee; and direct the City Clerk to post and publish a Special Vacancy Notice requesting that applications be submitted by 4:00 p.m. on Thursday, December 17, 1998, and scheduled the submission of the nominations to the City Council on January 11, 1999 with the final appointment to be made on January 25, 1999. Without objection, the motion carried by acclamation. MOTION FOR RECONSIDERATION - None ADJOURNMENT — at 7:55 p.m. to Monday, November 30, 1998, at 5 p.m. to declare the results of the General Municipal Election, swear -in the newly - elected Council members, and elect a Mayor and Mayor Pro Tem. The agenda for the Regular Meeting was posted on November 18, 1998, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 52 - Page 226 INDEX Planning Commission Vacancy (24) CITY OF NEWPORT BEACH City Council Minutes Adjourned Regular Meeting DRAFT November 30, 1998 - 5:00 p.m. INDEX ROLL CALL Present: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, Mayor Edwards Absent: None Pledge of Allegiance — Council Member Hedges Invocation by Pastor Chuck Smith, Calvary Chapel of Costa Mesa. Presentation of gifts to outgoing Mayor Edwards and Council Member Hedges by Mayor Pro Tern O'Neil. Public Works Director Webb presented Mayor Edwards with a piece of the old Castaways Park fence and a Public Works Department cap; and presented Council Member Hedges with a collage of Sid Soffer's cars and a Public Works Department cap. Council Member Hedges thanked God for his family and his wife, Maria, for her understanding during his eight year term and for her assistance in placing the term limit initiative on the ballot. He expressed the opinion that the decision by the electorate to place term limits on Council was the brightest moment of his tenure. Council Member Hedges stated that incumbents need to be regularly challenged as to their record and policy positions. He expressed the opinion that good government depends on the type and quality of people the electorate sends to public office and the willingness of the incumbents to make hard, thoughtful decisions. He said he believes that government is a taker by nature which gives back much less than it takes; and acts as though it is a co -owner of personal assets which takes as much as it wants with little justification as to how it is used. Council Member Hedges stated that his biggest disappointment came when his attempt to have Council pass a resolution to budget City resources failed. He stated that his goal was to restructure the budget to produce a surplus while still exceeding the basic and essential services that people have come to expect from their tax dollars. He said he thinks this goal is still attainable and urged Council to take steps to enact this proposal. He expressed the opinion that this may mean that Council will need to eliminate some things and contract out other services. Council Member Hedges said that his saddest moment came with the loss of Police Officer Bob Henry; however, he was proud of the way the community rallied behind the Henry family. Council Member Hedges said he realizes that the biggest challenge for the community will be the ongoing commercial reuse of El Toro and pointed out that Council has been unanimous in this important issue. He expressed the opinion that Volume 52 - Page 227 City of Newport Beach City Council Minutes November 30, 1998 INDEX it is appropriate to double the City's efforts and support the private community groups. Council Member Hedges described the Orange County bankruptcy as the darkest moment for the City, but noted that it appears that, four years later, the City will be little worse off because of it. He stated that this is an example of the requirement for the people to keep a watchful eye on its representatives. Council Member Hedges said that the biggest mistake Council can make is to allow themselves to be co -opted by the status quo, noting Council's relationship to its employees. He stated that it is Council's responsibility to enact policies and ordinances, and emphasized Council's need to do their homework and make their own decisions. Council Member Hedges admitted that, if taken seriously, being on Council is hard and time- consuming. However, if the reason for being on Council is public service and increasing the wealth of the community, then by Council's independent thought and hard work, the electorate chose wisely. Council Member Hedges said he believes that every member of Council is dedicated to the best interests of the City at this point. He cautioned to not believe everything that is in the newspaper as they thrive on a good tale. He expressed the opinion that most of the reporters try to do a good job but suffer under the bias of the editors. He took issue with the newspaper editors and the Chamber complaining that Council needs healing, expressing the opinion that vigorous debate is healthy for the democratic policy making and decision making processes; and that silence on a controversial issue usually indicates either a foregone conclusion or a failure to grasp the nuances of a decision. Council Member Hedges stated that the six guiding principles to apply to any law, policy, or ordinance are that it must be moral, understandable, enforceable, accomplishable, respond to a real and identified need, and able to be applied consistently. A failure to any of the principles will cause the law to be ignored, collapse of its own weight, and divide and engender the contempt of the citizenry. Council Member Hedges stated that it was an honor to serve the people of Newport Beach and to serve with his fellow Council Members. He also congratulated newly elected Council Members Gary Adams and Tod Ridgeway. In closing, as one last thought to the Council as they contemplate their responsibilities, Council Member Hedges quoted the Apostle Paul's letter to the church at Corinth as he reminded them of the fallibility of man: "The sting of death is sin. The strength of sin is the law. But give thanks to God, which gives us the victory through our Lord Jesus Christ." Mayor Edwards stated that it was a privilege to serve the citizens of Newport Beach as it is an incredible community in which to live and work. Mayor Edwards specifically thanked many City staff members and former City Manager Kevin Murphy who worked tirelessly on many issues. He stated that their efforts, along with his fellow Council Members', are deeply appreciated. He also Volume 50 - Page 228 City of Newport Beach City Council Minutes November 30, 1998 expressed his eternal gratitude to his wife, Lisa, and daughter, Lauren, for putting up with the enormous amounts of time that were devoted away from the home. Mayor Edwards reiterated his theme of quality in the City and quoted historian Barbara Tuckman's criteria for quality. He said that intensity of effort requires a dedication of all concerned to work tirelessly to maintain the quality of life and noted that, in the past, the City and citizenry have illustrated that willingness. He expressed the opinion that, if the City is to continue to be a great city, everyone must have honesty of purpose. Mayor Edwards emphasized that no one can compromise quality with self - interest or self - promotion. He said he realizes that Council recognizes the need for maintaining quality at the highest level. He stated that the only criteria is what is best for Newport Beach and its citizens and to accept less is to be accustomed to less beauty, less elegance, and less excellence. He stated that he knows that this Council and the future Council are up to the challenge. Mayor Edwards wished the new Council the best of luck as they face the coming challenge and as they meet the problems that face the most outstanding city in Orange County. 1. Motion by Mayor Pro Tem O'Neil to adopt Resolution No. 98 -77 declaring the results of the General Municipal Election held on November 3, 1998. The motion carried by the following roll call vote: Ayes: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, Mayor Edwards Noes: None Absent: None Abstain: None 2. City Clerk Harkless called re- elected Council Members O Neil and Glover, and newly - elected Council Members Ridgeway and Adams forward; administered the Oath of Office prescribed in the State Constitution to the elected officials; and delivered a Certificate of Election to each of them. 3. Council Members O'Neil, Glover, Ridgeway, and Adams were seated at the Council table. 4. After explaining the process to be used for the election of the Mayor and Mayor Pro Tem, City Clerk Harkless placed all members of the Council on an equal basis to nominate and elect and asked for nominations for the Office of Mayor. Motion by Council Member Adams to nominate Mayor Pro Tem O'Neil as Mayor. Hearing no further nominations, the nominations were closed. Without objection, the motion carried by acclamation. 5. City Clerk Harkless announced that Dennis O Neil was elected as Mayor. 6. Mayor O'Neil took his proper place at the Council table. Volume 50 - Page 229 110 1) ' Elections (39) City of Newport Beach City Council Minutes November 30, 1998 INDEX Mayor O'Neil called for oral nominations for the election of Mayor Pro Tempore. Motion by Council Member Ridgeway to nominate Council Member Thomson as Mayor Pro Tempore. Motion by Mayor O'Neil to nominate Council Member Noyes as Mayor Pro Tempore. Hearing no further nominations, the nominations were closed The motion to elect Council Member Thomson as Mayor Pro Tempore carried by the following roll call vote: Ayes: Thomson, Debay, Adams, Ridgeway, Glover, Noyes, Mayor O'Neil Noes: None Absent: None Abstain: None 8. City Clerk Harkless announced that Council Member Thomson was elected as Mayor Pro Tempore. 9. Mayor Pro Tem Thomson took his proper place at the Council table. 10. With senior members having first preference, the Council decided on the seating arrangement and Mayor O Neil presented the new City Council. 11. Mayor O'Neil stated that he was the City Attorney twenty -five years ago and never thought he would be Mayor of the City. He expressed his appreciation and stated that it is an honor. Mayor O'Neil stated that the City is again fortunate to have two fine new members on the Council and congratulated newly elected Council Members Ridgeway and Adams. He commended Council candidates Mike Kranzley, Len Miller, and Ron Winship for their willingness to participate in this most important and very worthwhile democratic process. Mayor O'Neil reviewed past election themes and said he believes this year's election theme was quality of life. He noted that there are many definitions of "quality of life." Mayor O'Neil stated that, for the coming year, he would like to promote a new theme based on better communication that is aimed at eliminating the public's misconception of what Council is and what the individual Council members stand for. He clarified that better communication means communication between Council and staff, and Council and board, commission, and committee members. He stated that he will be proposing that Council reinstate afternoon study sessions prior to each Council meeting. He said this will allow the Council to discuss, in a more informal setting, pending matters and also foster the constructive interchange of information to the appropriate staff personnel. He invited board, commission, and committee members to meet with Council regularly Volume 50 - Page 230 City of Newport Beach City Council Minutes November 30, 1998 INDEX to receive input on their activities. Mayor O Neil said that having an airport at El Toro has been the goal for the last four years. He emphasized that this is fundamental in relieving the pressure to expand the John Wayne Airport. He also added that water and bay quality; the annexation of Newport Coast; the replacement of old infrastructure systems (including municipal buildings); maintaining the ability to provide the highest level of municipal services; recruiting and hiring a new City Manager; crime prevention; recreational services; a General Plan Update; maintaining the economic viability and vitality of the commercial and retail centers; managing the City's income property; protecting the environment, and balancing the City's budget are important goals. He said all these goals are significant and fall under the quality of life concept. Mayor O'Neil would like to see Council achieve these major goals, but also have a plan of implementation to work toward accomplishing short - term objectives based on quarterly reports. Mayor O'Neil stated that he alone cannot dictate policy or direction and must rely on the rest of Council to join together to carry out the goals of the City. He expressed the opinion that each member is on Council because they believe that being on Council is a worthwhile service and because they want to do what is best for the City. He said it is his hope that the Council is able to conduct City business in a manner so that the dignity of office is better acknowledged and recognized by those they serve. Mayor O'Neil said he hopes that he has the necessary skills to provide the leadership entrusted to him as Mayor and is honored to accept the position. 12. Council Member Glover expressed the opinion that the most important issue before the Council now and for the next four years is whether or not El Toro becomes a reality. She emphasized that, if this does not happen, John Wayne Airport will be enlarged. She stated that this would totally change the way of life in Newport Beach. She noted that she is chair of the Aviation Committee and receives correspondence from citizens who believe that it would be a horrendous thing. She complimented Mayor Edwards' and Council Member Hedges' skill in this issue and expressed her appreciation for all they have done. She said she is hopeful that the City will still be able to use their expertise. Council Member Glover expressed the opinion that Council Members Ridgeway and Adams are very intelligent and open to diverse opinions. Further that things are going to change for the better. Mayor O'Neil introduced his wife, Thais; mother, Lillian; daughter, Molly; sister, Nancy; and niece, Bridgett. Mayor O'Neil also acknowledged former Mayors Evelyn Hart and Clarence Turner. Council Member Ridgeway thanked the citizens of Newport Beach for electing him. He said he walked the entire City and thanked his wife, Kay, who walked with him from Peninsula Point to Cameo Highlands and Cameo Volume 50 - Page 231 City of Newport Beach City Council Minutes November 30, 1998 INDEX Shores. He said hello to his children at home, Kyle, Scott, and Madison. Council Member Ridgeway said he ran on a campaign of balancing business and residential interests in the City and it is critical to know that the residents are supportive of the business community, but they want balance. This is the most critical point to them in their day to day living and unless a balance is created, their qualify of life will be impacted. He pointed out that traffic is a major issue. There have been some problems in Corona del Mar, there are problems in Eastbluff and he foresees a major problem in and around the airport. Council Member Ridgeway said it is important as an agenda item for this City to have a working relationship with the City of Irvine regarding any new buildings that are built at the City's border. He stated that there was a new 900,000 square foot building approved by the airport that is less than 200 feet from the City's borders, $18 million in fees were paid, and the City of Newport Beach didn't get one penny for traffic mitigation in the area. He said the first thing the new Council needs to do is get an agreement with the City of Irvine. Council Member Ridgeway stated that the Traffic Phasing Ordinance (TPO) has worked for the last ten years and he thinks it can continue to work with some modifications and consideration given to the proportionality test of it. Council Member Ridgeway said the main reason he originally ran for Council was because of the debilitated state of the peninsula. He said he is dedicated to trying to make the peninsula a better place, infrastructure wise, for everybody in the City. He said the Balboa Theater project is an exciting project and hopefully some streetscape can be created. He said he is hopeful that the City will put pavers on the street and make an identity for Balboa Village. He said he met with the Balboa Village people and they are now in agreement that they can now be called Balboa Village, therefore signs will be erected on the entrances and exits to Balboa Village. Council Member Ridgeway said he also doesn't want to let the Irvine Ranch Water District continue to dump into the bay. Council Member Ridgeway expressed the importance and timeliness of re- negotiating the contract with the County on the noise abatement issues in order to limit the number of passengers that can use John Wayne Airport. He said the City probably needs to work with the federal government to allow some local control. The City needs to continue to limit the number of passengers out of the airport to 8,500,000. He said he thinks the City has a great opportunity with a new Council and a new City Manager coming on and there will be a new beginning for 1999. Council Member Adams thanked the electorate for electing him to the Council and thanked the volunteers that supported his campaign and worked for him by walking precincts, stuffing envelopes, etc. He also thanked his wife, Birgitt, for all of her work and also thanked his treasurer, Ray Zartler, and Sharon Buffa. He said he is looking forward to the challenges and is honored to be serving the City. Volume 50 - Page 232 City of Newport Beach City Council Minutes November 30, 1998 PUBLIC COMMENTS — None ADJOURNMENT — 6:00 p.m. Mayor O'Neil announced that a reception honoring the outgoing and incoming Council Members will be held at the Cannery immediately following the meeting. xxxxxxxxxxxxxxxxx *xxxx The agenda for the Adjourned Regular meeting was posted on November 25, 1998 at 11:00 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Mayor Volume 50 - Page 233 BVDEX