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HomeMy WebLinkAbout01 - 05-08-2001City Council Meeting May 22, 2001 Agenda Item lit CITY OF NEWPORT BEACH City Council Minutes CRAFT Study Session May 8, 2001- 4:05 p.m. INDEX ROLL CALL Present: Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Absent: Heffernan, O'Neil CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Bromberg confirmed with Assistant City Manager Wood that there were no changes to the April 24, 2001, staff report for Item No. 3, Economic Development Committee Accomplishments for 2000 and Recommended Changes to Resolution Establishing the Committee. Assistant City Manager Wood explained that the only reason the item was continued was to have it on the same agenda as the rest of the City Council policies. Council Member Proctor confirmed that Item No. 4, Resolution Authorizing the Purchase of Tax Defaulted Real Property in Santa Ana Heights, would be pulled from the agenda at the evening meeting. Council Member Proctor stated that he would be raising some questions about Item Nos. 14 and 15 at the evening meeting, History of the Environmental Quality Affairs Citizens Advisory Committee (EQAC) and Appointments to EQAC, respectively. Mayor Pro Tern Ridgeway asked if Item No. 12, Buck Gully Pump Station Rehabilitation, was a part of the grant money the City recently received and if not, if the grant money could be used for the project. Public Works Director Webb explained that the project would upgrade a sewer pump station and was not a part of the grant money. Assistant City Manager Kiff added that in the future, the pump station might be used for dry weather diversion. Mayor Pro Tem Ridgeway additionally asked why the Sanitation District wouldn't be paying for the sewer pump upgrade. Public Works Director Webb explained that they only pay for the five pump stations that they operate. City Manager Bludau stated that staff has modifications to Item No. 7, Newport Coast/Santa Ana Heights /Bay Knolls Annexation, and would be removing the item from the Consent Calendar at the evening meeting. Council Member Glover asked for an explanation of the May 7, 2001, letter received from the Bay Knolls Homeowners regarding Item No. 7. Assistant City Manager Kiff stated that the letter is indicating the homeowners' disappointment in the staff recommendation to separate the three Volume 54 - Page 234 City of Newport Beach Study Session Minutes May S, 2001 INDEX annexation areas, but concludes by supporting the resolution and the City's efforts. 2. BUDGET REVIEW. 2001/2002 Budget (40) Using a PowerPoint presentation, City Manager Bludau explained that the budget process includes making revenue projections which involves numerous iterations, identifying capital improvement projects as submitted by the City Council and the departments, and individual development of the department operating budgets. City Manager Bludau stated that the departments were directed to keep operations and maintenance flat for the upcoming fiscal year. He stated that he and staff from Administrative Services Department then review the department budgets with each of the department heads. City Manager Bludau stated that the budget process would include a review of the preliminary budget at the current meeting, as well as the Study Sessions on May 22, 2001, and June 12, 2001, and that the public hearing would be held at the regular meeting on June 12, 2001. City Manager Bludau noted that a checklist would be created during these meetings, with the items being voted on at the regular meeting on June 26, 2001. The budget would also be adopted at this same meeting. He confirmed that he is meeting the requirements of the City Charter to present a proposed budget to the City Council 35 days prior to the beginning of the fiscal year. City Manager Bludau stated that at the Study Sessions, the department heads and staff will be making presentations to the City Council regarding their individual budgets. He encouraged the City Council to ask questions at any time during the process. Council Member Bromberg asked for additional information about the process for developing the checklist. City Manager Bludau stated that council members can add or delete items to the checklist during any of the three Study Sessions. City Manager Bludau stated that the three budget documents include the Resource Allocation Plan, the Budget Detail and the Capital Projects Budget. City Manager Bludau explained that numerous funds make up revenues and expenditures. He displayed a list of the funds and said that there are more that are not listed. He pointed out that the general fund represents over 65% of the total dollars. City Manager Bludau displayed the City's current organization chart. City Manager Bludau stated that the total revenues anticipated for the upcoming fiscal year are $136.9 million. He stated that these revenues are broken down into governmental funds at $104 million, enterprise funds at $20.5 million and internal services funds at nearly $12 million. He stated that there are over 400 specific revenue accounts that need to be estimated each year, with requirements for some expenditures to come from only certain accounts. City Manager Bludau displayed a pie chart depicting Volume 54 - Page 235 City of Newport Beach Study Session Minutes May 8, 2001 INDEX revenues by source and pointed out that property taxes account for 21% of total revenues, sales and other taxes for 26 %, use of money and property for 9% and enterprise funds for 15 %. City Manager Bludau stated that general fund revenues account for $89.2 million of the overall City revenues of $135 million. He noted that the Budget Detail document includes a detailed breakdown of all of the different revenue sources that make up the general fund, but displayed a list of the general categories. He pointed out that property taxes account for almost $28.7 million of the general fund revenues and other taxes account for $33.6 million. Mayor Pro Tem Ridgeway asked if the property taxes are inclusive of the Education Revenue Augmentation Fund (ERAF). City Manager Bludau responded in the negative and explained that the shift has already taken place. City Manager Bludau continued listing some of the general categories. Council Member Proctor asked for a more detailed breakdown of the other taxes category, and the percentage from sales tax in that category. Administrative Services Director Danner stated that the sales tax equals nearly $12 million and is the vast majority of the category. He added that transient occupancy tax accounts for approximately $8 million, business license tax for approximately $2 million and marine charter tax for $140,000. Council Member Proctor asked if sales tax wouldn't then be an indicator of when a recession is beginning to hit the City. City Manager Bludau agreed that there is a direct relationship. City Manager Bludau stated that the three largest sources that make up the general fund revenues are secured property tax at $24.3 million, sales tax at almost $21 million and transient occupancy tax at $8.4 million. He pointed out that these three sources make up over 60% of the general fund revenues. City Manager Bludau stated that the revenue estimates are conservative. City Manager Bludau stated that total expenditures for the 2000 -2001 budget are expected to be $135.5 million, with $100.6 million for the operating budget and $34.8 million for the capital improvement program. Excluding the enterprise and internal service funds, the total operating budget is $86 million, which in broken down by general government at 9.76 %, public safety at 55.06 %, community development at 4.99 %, public works at 21.22% and community services at 8.9716. City Manager Bludau stated that the water enterprise fund expenditures total $18.1. He noted that the largest portions of the operating expenditures for the water enterprise fund are the energy costs pumping water from Fountain Valley and the water purchases. He stated that the sewer enterprise fund expenditures total $3.2 million. Council Member Proctor asked what was budgeted for electrical expenses in the water enterprise fund. Public Works Director Webb stated that the electrical expenses are shown in the electrical budget and are equal to Volume 54 - Page 236 City of Newport Beach Study Session Minutes May 8, 2001 approximately $1.2 million. INDEX Mayor Pro Tem Ridgeway asked if this amount was inclusive of the sewer pumps. Administrative Services Director Danner stated that the $1.2 million is for the pumping costs of water only, and $44,000 is for the sewer pumping costs. City Manager Bludau displayed a pie chart showing the total expenditure distribution with 48% going to salaries and benefits, 26% to capital improvement projects, 23% to maintenance and operation, 1% to capital outlay and 2% for other charges. Mayor Pro Tem Ridgeway asked where the City could privatize to save on salaries and benefits. City Manager Bludau stated that the majority of the budget expenditures are for public safety and this could contracted with the County. Mayor Pro Tem Ridgeway asked what could be privatized, with the exception of Police and Fire. City Manager Bludau stated that anything could be privatized, that it's a matter of what service level the City desires and if the tradeoff is acceptable. Mayor Pro Tem Ridgeway stated that privatizing can save in salaries and benefits, but also in capital expenditures and maintenance of vehicles. Mayor Pro Tem Ridgeway noted that the City might need to consider privatizing or outsourcing services in the future. He additionally asked what percentage of salaries and benefits goes towards police and fire. Administrative Services Director Danner stated that he'd have to compute the figure, but he could confirm that the total police budget is approximately $27.5 million and the fire budget is $19 million, with the vast majority of both going towards salaries and benefits. He added that public safety accounts for approximately 55% of the City's total operating budget. City Manager Bludau agreed that privatization should always be considered as an option. Mayor Pro Tem Ridgeway stated that it should not be assumed that privatization would lower service levels. In some cases, he added, it might improve it. City Manager Bludau stated that it can be a difficult issue when looking at low bidders and writing contracts for certain service levels. Mayor Pro Tem Ridgeway stated that the City has to consider that it may be less flush in the years ahead. Per Council Member Proctor's request, Administrative Services Director Danner clarified that public safety makes up 55% of the City's total operating expenditures. City Manager Bludau displayed a pie chart, which illustrated total city expenditures by function, and then a pie chart illustrating the capital improvement projects by fund. Mayor Adams asked how much of the general fund expenditures for capital improvements are matching funds, or funds being leveraged from other sources. Public Works Director Webb stated that most of the matching funds or funds from outside agencies are shown as contributions on the pie chart and account for 4% of the total funds for capital improvement projects. He added that this does not include the money that comes in through the Volume 54 - Page 237 City of Newport Beach Study Session Minutes May 8, 2001 INDEX Orange County combined transportation fund. City Manager Bludau stated that the City also uses numerous other grants such as those used by the police, but they aren't used for capital improvement projects. Mayor Adams asked if the City was as aggressive as it could be in seeking outside funding for capital improvements. Public Works Director Webb stated that in regards to street and highway projects, the City is fairly successful. Mayor Adams stated that the City should be aggressive in seeking outside funding sources and it should be City policy to do so. City Manager Bludau stated that the police department does a good job of obtaining the grant money available to public safety. Mayor Pro Tem Ridgeway stated that the evening agenda includes a resolution supporting a caucus to advocate for resource money for environmental efforts. He stated that this will result in a new policy for the City in resource management. City Manager Bludau stated that 23% of the capital improvement funds are from the general fund. He displayed a pie chart illustrating where this funding source would be spent and noted that 10% of the funds would be spent on streets, 15% on facilities rehabilitation, 14% on parking in -lieu and 14% on automation and communication. City Manager Bludau stated that vehicle replacement is budgeted at $2.1 million and comes from the vehicle replacement fund. He noted that the schedule includes a couple refuse trucks and would represent the last refuse trucks that the City plans to purchase that run on regular fuel. Mayor Pro Tem Ridgeway noted that the City of Costa Mesa has a couple of natural gas vehicles. He stated that the City probably needs to consider using grant money in the future for natural gas and electric vehicles. Per the request of Mayor Adams, Community Services Director Vienitz explained that the 10- passenger van included on the schedule would be used for part of the transportation system for the Oasis Senior Center. City Manager Bludau displayed a list of the fourteen new employees being asked for in the 2001 -2002 budget. Council Member Glover confirmed with City Manager Bludau that the fourteen positions were new positions. City Manager Bludau additionally noted that the list includes an indication of where the money would be coming from for each of the new positions, with only five of the positions being paid for out of the general fund. Council Member Glover, as an example, asked why a new stock clerk was needed in the General Services Department. Deputy General Services Director Pisani explained that the position existed prior to 1995 and is needed as a backup to the parts buyer. He stated that the position has been asked for in past budgets and the situation is getting worse. Council Member Glover expressed her shock over the City's need for fourteen new positions unless the City Manager could explain what conditions have changed to warrant such a request. City Manager Bludau stated that other positions were requested, but were not included on the list. Council Member Glover stated that she still didn't Volume 54 - Page 238 City of Newport Beach Study Session Minutes May 8, 2001 INDEX understand what had changed within the organization. Council Member Proctor asked for an explanation of the request for a new recreation coordinator and a new senior recreation leader, and how it was determined that they would be offset by an increase in recreation fees. Community Services Director Menitz stated that both of these positions are upgraded from part -time positions and are needed to accommodate the additional needs of the recreation programs and to monitor the 150 contractors that are used. Per Mayor Pro Tem Ridgeway's question, Community Services Director Mentz explained that the revenues have increased in the recreation division from classes, rentals and other activities. Additionally, for Council Member Proctor, Community Services Director Mentz explained that the fees being used for the two new positions are from the fee increases that are anticipated. Public Works Director Webb provided some information about the functions of the engineering technician that he is requesting. He stated that a part - time employee is currently handling the functions. Mayor Adams confirmed with City Manager Bludau that during their presentations, each department head will discuss in detail their need for any new employees. He additionally requested that the list of the fourteen new positions be reviewed again after all of the departments have made their individual presentations. Mayor Pro Tem Ridgeway stated that government, as directed by the State, is getting more complex with more reports, more regulations and more restrictions. He asked which of these reports are mandated and if reimbursement can be received from the State. Administrative Services Director Danner stated that the City is very aggressive in pursuing state - mandated cost reimbursement but often, the State mandates something but doesn't appropriate the funds to pay for it. City Manager Bludau displayed a list of the funding sources for the fourteen new employees. It included external grants, internal expenditure reductions, a gas tax transfer, recreation fees, the enterprise fund and the general fund. Mayor Adams confirmed with City Manager Bludau that the two positions being funded by external grants were for the Police Department, and asked how long the grants were available. Police Chief McDonell indicated that they'd be available for three years. Mayor Pro Tem Ridgeway stated his understanding that the grants could then be reapplied for or new grants could be sought. Council Member Bromberg asked for an example of an internal expenditure reduction. Administrative Services Director Danner stated that one way to reduce internal costs would be to have a service performed by an employee Volume 54 - Page 239 City of Newport Beach Study Session Minutes May 8, 2001 INDEX that was previously performed by an outside contractor. City Manager Bludau displayed a graph that provided a historical look at the number of full -time employees in the City. It showed that the City currently has 728 full -time employees, with the City's high in 1990/1991 of 764 employees and the City's low in 1995 -96 of 662. Mayor Adams stated that it would interesting to see the graph compared to the City's population or another comparison. City Manager Bludau stated that population would not correlate well and that in 1995 -96, the City hired what it could afford and had to tap its reserve funds. City Manager Bludau stated that with the proposed budget, all stabilization and contingency reserves would be fully funded as per Council Policy F -2. He added that all designated reserves are fully funded except the capital improvement reserve. Administrative Services Director Danner explained that the capital improvement reserve was established several years prior and has a current balance of $2 million, that there is no target amount but that it should be higher. City Manager Bludau stated that progress is being made toward other long- term funding goals, including the equipment fund and unfunded liabilities. He stated that any funds remaining would be applied toward the long -term liabilities. Administrative Services Director Danner stated that he is currently estimating $800,000 in excess reserves. Mayor Pro Tem Ridgeway asked how this corresponds with the City's effort to have an airport at E1 Toro. Administrative Services Director Danner stated that the $3.7 million approved by the City Council for the airport is already fully reserved. City Manager Bludau stated that the pending issues that haven't been included in the proposed budget include the three annexation areas and additional energy costs. He stated that the City is doing its best to conserve and is also making internal adjustments. He noted that approximately 50% of the City's use of electricity is for pumping water and about 25% is for streetlights. He stated that the best way to use less electricity is for the citizens in the City to conserve water. Mayor Adams stated his discomfort with not making an allowance for additional energy costs, given the current environment. Council Member Glover suggested that possibly a reserve should be considered for additional energy costs. She stated that the situation will most likely get worse before it gets better, Mayor Pro Tem Ridgeway stated that energy costs have doubled and the budget should reflect that. He noted that this would result in a $1.2 million increase in expenditures. Public Works Director Webb stated that the City is working with Edison on trying to pump water during the off -peak hours, so that the cheapest electricity can be used. He stated that a 10% increase in costs was included in the proposed budget. Volume 54 - Page 240 City of Newport Beach Study Session Minutes May 8, 2001 INDEX Mayor Adams requested that the issue be looked at again before the meeting when the proposed budget is set for adoption. City Manager Bludau stated that the pending issues not included in the proposed budget also include the Memorandums of Understanding (MOUs) with some of the labor groups that have not yet been finalized. Turning to the City Council section of the Budget Detail, Assistant City Manager Kiff stated that this section did not change very much from the prior year. He explained where some of the money in the 8000 accounts would be spent. Mayor Pro Tem Ridgeway mentioned that the Southern California Association of Governments (SCAG) dues have increased. Assistant City Manager Kiff stated that the increase would be covered by moving some money from the 8080 account, Professional and Technical Services, to the 8060 account, Publications and Dues. He also pointed out the 8250 account, Special Departmental Expenses, which is the account that provides the opportunity for each council member to spend $7,000 on their district, as deemed necessary. Council Member Glover stated that part of her district's allocation during the current fiscal year was used on the design concept for Mariner's Mile. She noted that it's difficult to select the appropriate charity. City Manager Bludau stated that he initiated the allocation to each district to cover the unexpected expenditures that may come up during the year that a council member wants to support. Several examples of ways the money could be spent were provided. Council Member Proctor stated that he was unaware of the fund and didn't know what the parameters were for spending the money. Assistant City Manager Kiff stated that it might be appropriate to adopt a Council Policy related to the topic. Mayor Adams suggested that the policy include a requirement that the use of the money be discussed in a public forum prior to spending it. He stated that this would make parameters unnecessary. Council Member Proctor requested that he receive information on where the money has been spent in the past. City Manager Bludau stated that the City Council section of the budget also includes the airport management division. He suggested that money provided to the Orange County Regional Airport Authority (OCRAA) would come from the 8080 account, Professional and Technical Services. He stated that it's difficult to know exactly where all of the money will be spent and what the needs will be over the upcoming fiscal year. Council Member Proctor confirmed that $2.6 million was budgeted in the 8080 account in the 1999 -2000 fiscal year, and $280,000 is being proposed for the 2000 -2001 fiscal year. City Manager Bludau explained that the Volume 54 - Page 241 City of Newport Beach Study Session Minutes May 8, 2001 INDEX proposed budget does not include the expenditures approved at the March 27, 2001, City Council meeting. He stated that the $280,000 was estimated several months prior and that there may already be changes that need to be considered. Council Member Glover confirmed that the City will need to budget for the Environmental Impact Report (EIR) process recently discussed by the County Supervisors and any additional personnel that might be needed by the City Attorney's office. City Manager Bludau suggested that the most recent information be obtained and the item be discussed again at the next Study Session. City Manager Bludau turned to the City Clerk's section of the Budget Detail and pointed out that of the $247,000 total budget, $214,000 was budgeted for salaries and benefits and $33,000 for operations. He stated that the 8010 account, Advertising and Public Relations, was for the expense of advertising the public hearing notices in the newspaper. Mayor Adams interrupted the presentation and asked to go back to the City Council budget. He stated that money needs to be budgeted for the various gifts that the City presents, on occasions. He stated that the current gifts are running out and a higher quality also needs to be looked at. Assistant City Manager Kiff stated that he could fulfill the request with the proposed budget. City Manager Bludau continued with the City Clerk's section and confirmed with Deputy City Clerk Fisher that the 8080 account is primarily for the codification of ordinances for the municipal code. City Manager Bludau turned to the City Manager section of the Budget Detail and confirmed for Council Member Proctor that the two Assistant City Manager positions listed covered those of Sharon Wood and Dave Kiff. City Manager Bludau pointed out the new Public Information Officer (PIO) position, and stated that Gail McElroy would be filling this position on May 14, 2001. He also noted that Assistant City Manager Wood's full salary was now being budgeted in the City Manager's section, whereas before 50% of her salary was budgeted in Human Resources. He also noted the increase in the 8063, Public Information, account to provide money for mailings to the community that would be created by the PIO. Council Member Proctor asked for an explanation of the 8080 account. Assistant City Manager Kiff stated that the budgeted amount is remaining the same as the prior year and fluctuates depending upon special projects. Assistant City Manager Kiff stated that there are not many changes to the tidelands division of the City Manager's budget. For Mayor Adams, Assistant City Manager Kiff stated that the funding for the tidelands division comes from tidelands revenue. Mayor Adams suggested that a portion of Assistant City Manager Kiffs salary be included in the tidelands budget. Administrative Services Director Danner stated Volume 54 - Page 242 City of Newport Beach Study Session Minutes May 8, 2001 INDEX that tidelands expenditures exceed tidelands revenues, with the excess being paid for from the general fund already. Assistant City Manager Kiff noted that for reporting purposes to the State, the change should still be made. Assistant City Manager Mff stated that a large portion of the 8080 account is for a payment to the County of Orange to take care of mooring administration. He stated that the new position being requested is for a parking lot crew chief. He noted that the parking lots take in over $1.6 million per year, with some lots open 24 hours per day. He stated that they've only had one full -time staff member and plan to upgrade a part -time position to the new full -time position. Per Mayor Pro Tern Ridgeway's question, Harbor Resources Manager Melum stated the City pays the County $83,011. He added that the City does the billing for the moorings, but the County does the day -to -day administration. Mayor Adams asked if the mooring revenues cover the costs associated with the moorings. Harbor Resources Manager Melum stated that mooring revenues are approximately $600,000, with the Budget Detail showing that total expenditures equal approximately $500,000. Mayor Pro Tern Ridgeway expressed his opinion that the City could handle the general administration of the moorings for less money. Assistant City Manager Kiff added that a subcommittee of the Harbor Committee, the Subcommittee on Mooring Issues, will be looking at the issue. Assistant City Manager Mff stated that the Balboa Yacht Basin in another division within the City Manager's budget. He stated that there were no significant changes from the prior year. Council Member Glover asked if the City was making any money on the Balboa Yacht Basin. Harbor Resources Manager Melum stated that the City's operating costs relative to the whole site's income is approximately 13% to 15 %. Mayor Adams pointed out that the percentages don't reflect the capital costs of the facility. He stated that the physical improvements cost a great deal of money. Harbor Resources Manager Melum stated that $3.2 million was borrowed from the State Boating and Waterways for capital improvements, and that these payments are included in the percentages. Mayor Pro Tern Ridgeway mentioned the Lido Marina Village and stated that the owner is paying the City $25,000 for an annual permit, and is earning $600,000 in income every year. He stated that the marina is not state of the art and will earn more money after it is rebuilt. PUBLIC COMMENTS Dolores Otting asked if there were back -up systems in place for the sewer pumps, if they failed due to lack of electrical power. Public Works Director Webb stated that the City uses generators and backup pumps. Ms. Otting stated that alternatives should be looked at. Additionally, she stated that a Volume 54 - Page 243 City of Newport Beach Study Session Minutes May 8, 2001 warrant list used to be provided every two weeks that showed where the money in the City was going. She stated that this should be provided again. She added that there also used to be a line item on the agenda that discussed any new positions in the City. She asked that some of these things be returned to the agenda. City Manager Bludau stated that a warrant report is printed every two weeks, with a listing of all of the warrants paid during that time. Administrative Services Director Danner corrected the timing and stated that it is printed monthly, and is available to the public. ADJOURNMENT — 5:50 p.m. The agenda for the Study Session was posted on May 2, 2001, at 3:25 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 244 INDEX CITY OF NEWPORT BEACH City Council Minutes DRAFT A �� Regular Meeting May 8, 2001 - 7:00 p.m. INDEX STUDY SESSION — 4:05 p.m. CLOSED SESSION — 6:00 P.M. CLOSED SESSION REPORT — None. RECESSED AND RECONVENED AT 7:10 P.M. FOR REGULAR MEETING ROLL CALL Present: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Absent: None PLEDGE OF ALLEGIANCE — Mayor Adams. INVOCATION — Dr. J. Donald Turner, former Bishop, Church of Jesus Christ of Latter -Day Saints — Newport Beach Stake. PRESENTATIONS Presentation of Proclamation to George Millikin commemorating 45 years of outstanding service to the City of Newport Beach. Presentation of Proclamation for National Public Works Week. Presentation of Proclamation for Mental Health Month. Presentation by the Leukemia and Lymphoma Society. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEMI: Council Member O'Neil announced that the 20f Annual Corona del Mar Scenic 5K Race will be held on June 2, 2001. Council Member Glover requested that an item be placed on the June 12, 2001, agenda to budget $60,000 in this year's budget to preserve the trees on Clay Street. Council Member Bromberg requested that an acknowledgement be generated for contractors of major projects to give to the community. The acknowledgement would provide information regarding who to contact and what to do in the event property damage occurs. Volume 54 - Page 245 City of Newport Beach City Council Minutes May 8, 2001 INDEX • Council Member Bromberg announced that the Balboa Island Parade will take place on June 3, 2001, starting at 11:00 a.m. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. Removed at the request of Mayor Pro Tem Ridgeway. 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. Removed at the request of Council Member Proctor. 4. RESOLUTION AUTHORIZING THE PURCHASE OF TAX Tax Defaulted DEFAULTED REAL PROPERTY IN SANTA ANA HEIGHTS (APN Real Property/ #439 - 341 -01, 2173 ORCHARD DRIVE). Item pulled. 2173 Orchard Drive (73) 5. RESOLUTION NO. 2001 -25 RELATING TO THE CITY S SUPPORT Res 2001 -25 FOR THE SOUTHERN CALIFORNIA COASTAL CAUCUS IN THE US Southern CONGRESS. Adopt Resolution No. 2001 -25 urging Members of Congress California who represent coastal regions in Southern California to form the Southern Coastal Caucus California Coastal Caucus within the US Congress to enable our region to (51) gain more federal resources for shoreline protection and water quality projects. 6. Removed at the request of a member of the audience. 7. Removed at the request of City Manager Bludau. CONTRACTS AND AGREEMENTS 8. LEASE AGREEMENT FOR BALBOA YACHT BASIN WITH BASIN C- 3404 /Balboa Yacht MARINE, INC. (contd. from 3/27/01, 4/10/01 & 4/24/01). Item continued. Basin (38/51) 9. BALBOA VILLAGE PROJECT UPDATE AND APPROVAL OF C -3333 AMENDMENT NO. 5 TO PSOMAS AGREEMENT (contd. from 4/24/01). Balboa Village 1) Receive and file project update report; and 2) approve Amendment No. 5 in Project the amount of $130,195 to the original Agreement with Psomas (the (38) amendment provides for a fee increase to cover work beyond the original scope, as well as a time extension). 10. IRVINE AVENUE WATER MAIN REPLACEMENT FROM SANTIAGO C -3412 DRIVE TO UNIVERSITY DRIVE AND JAMBOREE ROAD FROM SAN Irvine Avenue JOAQUIN HILLS ROAD TO EASTBLUFF ROAD — APPROVAL OF Water Main PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH ASL, Replacement INC (C- 3412). Approve a Professional Services Agreement with Tetra Tech (38) ASL (ASL) of Irvine, California for a contract price of $180,240 and authorize the Mayor and the City Clerk to execute the agreement. Volume 54 - Page 246 City of Newport Beach City Council Minutes May 8, 2001 11. LIDO ISLE STREETLIGHT BANNERS. Approve the request of the Lido Isle Community Association for the installation of double flag banners on six City streetlight poles year -round (installation shall be on poles along both sides of Via Lido and is subject to the Public Works Department's conditions of approval). 12. BUCK GULLY PUMP STATION REHABILITATION — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH THE KEITH COMPANY (C- 3368). 1) Approve a Professional Services Agreement with The Keith Companies (TKC) of Costa Mesa, California, for a contract price of $86,065 and authorize the Mayor and the City Clerk to execute the agreement; and 2) authorize a budget amendment (BA -046) transferring $52,259 from the unappropriated Wastewater Fund Balance to Account No. 7532- C5600100. 13. Removed at the request of a member of the audience. MISCELLANEOUS ACTIONS 14. Removed at the request of Council Member Proctor. 15. Removed at the request of Council Member Proctor. 16. COUNCIL POLICY REVISIONS FOR 2001 AND PUBLIC MEETING TO CONSIDER CITY S STATEMENT OF INVESTMENT POLICY (F -1). a) Approve the proposed revisions to Council Policies A -2, F -1, F -2, F -3, F -4, F -9, F -16, F -17 (old), H -1, I -2, I -5, I -7, I -12, I -21, I.25, K -1, K -10 (new), L -2, L -6, L -7, L -8, L -12, and L -16; and b) once amended and adopted, affirm Policy F -1 (Statement on Investment Policy). Motion by Mavor Pro Tern Ridgeway to approve the Consent Calendar, except for those items removed (1, 3, 6, 7, 13, 14 and 15); and noting the continued item (8) and the pulled item (4). The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: None ITEMS REMOVED FROM THE CONSENT CALENDAR 1- MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF APRIL 24, 2001. Mayor Pro Tern Ridgeway requested that the third paragraph of page 54 -216 be amended to read, "...the watershed cities in Los Angeles County are further along in the education process..." Volume 54 - Page 247 INDEX Lido Isle Streetlight Banners (74) C -3368 BA -046 Buck Gully Pump Station Rehabilitation (38/40) Council Policy Revisions/ Statement of Investment (69) City of Newport Beach City Council Minutes May 8, 2001 Jim Hildreth, 120 The Grand Canal, indicated that some of the details he read from his letter were not included in the Public Comments portion of the minutes (page 54 -223). Mayor Adams suggested that wording similar to "referenced a letter sent under separate cover" be added to Mr. Hildreth's statement. Motion by Council Member Glover to waive reading of subject minutes, approve as amended and ordered filed. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: None Motion by Council Member Proctor to consider Items 3, 14, and 15 at the same time. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: None 3. ECONOMIC DEVELOPMENT COMMITTEE ACCOMPLISHMENTS FOR 2000 AND RECOMMENDED CHANGES TO RESOLUTION ESTABLISHING THE COMMITTEE (contd. from 4/24/01). 14. HISTORY OF THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC). 15. APPOINTMENTS TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC) (contd. from 4/24/01). Council Member Proctor stated that he requested at the last Council meeting that Item 15 be continued and Item 14 be prepared, and indicated that he discussed these issues with Council Member Bromberg and EQAC Chairman Hawkins. He expressed concern about how EQAC members are appointed and reviewed the current membership structure outlined in the staff report. Motion by Council Member Proctor to defer the EQAC appointments (Item 15) until a subcommittee is formed; and have the Mayor appoint members to the subcommittee at the next Council meeting consisting of three Council Members, one EQAC member, and one EDC member to review committee structures, appointment methods, and duties. Robert Hawkins, Chairman of EQAC, stated that he would be happy to participate on the subcommittee. He recommended that Council Members Volume 54 - Page 248 INDEX EDC/ EQAC (24) City of Newport Beach City Council Minutes May S, 2001 A Bromberg and Heffernan be appointed to the subcommittee since they are already on EQAC. He added that Council Member Proctor should also be appointed to the subcommittee to help address his concerns. He requested that a timeframe be set for the report to come back to Council since he is concerned about losing interested members of the community from participating on EQAC. Council Member Proctor amended his motion to have the report before Council one month after the Mayor appoints the subcommittee. Regarding Item 3, Council Member Bromberg expressed concern that this dilutes Council Policy F -17 and precludes staff involvement. Mayor Pro Tem Ridgeway stated that Assistant City Manager Wood told him that she did not feel that removing the Purpose and Responsibilities paragraph would impair EDC's makeup; however, some constituents would like to leave it in because it is descriptive of what EDC does. Assistant City Manager Wood pointed out that the changes that are proposed in the EDC resolution were made to go hand -in -hand with the amended Council Policy about economic development and that most of the resolution has been stricken in order to have it in one place. Mayor Adams stated that, even though Council Policy revisions were already approved by Item 16, the policy can stand approved for now until it is reviewed or amended. Ms. Wood suggested that the proposed resolution in Item 3 be deferred since the subcommittee may be making changes. Mr. Hawkins stated that Item 14 should be received and filed. Council Member Proctor amended his motion to receive and file Item 3, but postpone adoption of the resolution until after the subcommittee conducts its review; and receive and file Item 14. Council Member Glover believed that the report should also include a listing of when the items went before Council previously. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: None DREDGING IN THE NAVIGATIONAL CHANNELS OF THE LOWER BAY. Jim Hildreth, 120 The Grand Canal, stated that the document does not indicate that the dredging material will be tested to see if it is polluted. Mayor Pro Tem Ridgeway noted that funding was lost by President Bush's Executive Offices and reported that a boat going to the starting line got hung -up on a low spot in the Bay during the Cinco de Mayo Race. Motion by Mavor Pro Tem Ridaewav to approve Resolution No. 2001 -26 supporting federal funding for a dredging project in Lower Newport Bay and Volume 54 - Page 249 INDEX Res 2001 -26 Dredging/ Lower Bay (51) City of Newport Beach City Council Minutes May 8, 2001 directing that the Resolution and any related correspondence be directed to the offices of US Representatives Chris Cox (47th Congressional District) and Dana Rohrabacher (45th Congressional District). The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: None NEWPORT COAST /SANTA ANA HEIGHTSBAY KNOLLS ANNEXATION — RESOLUTIONS AUTHORIZING LAFCO TO PROCESS THE ANNEXATION AREAS AS INDIVIDUAL APPLICATIONS AND AGREEING TO THE MASTER PROPERTY TAX EXCHANGE FOR THE NEWPORT COAST ANNEXATION AREA. Assistant City Manager Kiff reported that the City needs to collect property taxes as early as next June in order to pay for staffing associated with the annexation. Meeting the December 1, 2001, deadline for submitting annexation paperwork to the State Board of Equalization means that the City will receive property taxes from the annexed area by June 2002; however, missing the December deadline means that these property taxes will not be received until June 2003. He indicated that the Local Agency Formation Commission (I.AFCO) asked that they be allowed to consider each of the annexation areas separately so that the Newport Coast section is completed by the December 1 deadline. The Santa Ana Heights and Bay Knolls annexations may be slowed down because LAFCO staff believes that the Commissioners will want to look at Costa Mesa's annexation application for areas adjacent to Santa Ana Heights and Bay Knolls at the same time they consider the City's application. Mr. Kiff also reported that LAFCO requested that the proposed resolution be amended and provided copies of the change. Russ Niewiarowski, West Santa Ana Heights, believed that all of Santa Ana Heights should remain one community and that the City should be in negotiations with Costa Mesa to relinquish Santa Ana Heights. He stated that they presented an application to Costa Mesa to hold another hearing on this issue but were denied. He added that Costa Mesa is entrusting LAFCO to make a determination about the sphere of influence line and noted that the Santa Ana Country Club has announced its intent to file a sphere of influence adjustment to detach from Costa Mesa. Mayor Pro Tem Ridgeway stated that the City received a letter from the Bay Knolls Homeowners Association signed by John Buchanan which, although they are disappointed, supports the separation. He noted that he owns property in West Santa Ana Heights and cannot participate in any of those discussions. Motion by Council Member O'Neil to 1) adopt amended Resolution No. 2001 -27 authorizing the Orange County Local Agency Formation Volume 54 - Page 250 INDEX Res 2001 -27 Res 2001 -28 Newport Coast/ Santa Ana Heights/ Bay Knolls Annexation (21) City of Newport Beach City Council Minutes May 8, 2001 Commission (LAFCO) to process Newport Beach's three proposed annexation areas individually; and 2) adopt Resolution No. 2001 -28 stating the City's intent to use the Master Property Tax Transfer Agreement for Newport Coast. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: None 13. PROPOSED ASSESSMENT DISTRICT NO. 82 (BOUNDED BY GOLDENROD AVENUE, OCEAN BOULEVARD, HELIOTROPE AVENUE, AND BAYVIEW DRIVE IN CORONA DEL MAR) FOR UNDERGROUNDING UTILITIES. Jim Hildreth, 120 The Grand Canal, stated that he hopes Council Member Bromberg's previous concern about property damage is addressed within this project and that a local phone number is provided. He added that he believes that removing overhead utilities opens the door for taller houses in the City. Motion by Mayor Pro Tern Ridgeway to a) adopt Resolution No. 2001 -29 making findings on a petition for, adopting a map showing the proposed boundaries of, and making appointments for Assessment District No. 82; b) adopt Resolution No. 2001 -30 declaring intention to order the construction of certain improvements in proposed Assessment District No. 82, declaring the improvements to be of special benefit, describing the district to be assessed to pay the costs and expenses thereof, and providing for the issuance of bonds; c) adopt Resolution No. 2001 -31 giving preliminary approval to the report of the Assessment Engineer, setting the time and place for a public hearing as June 26, 2001, and ordering the Intention of Assessment Ballot Procedure for Assessment District No. 82; and d) approve the Special Counsel agreement with Robert Hessell. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Ridgeway, Glover, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: None PUBLIC COMMENTS Dayna Pettit, Balboa Performing Arts Theater Foundation President, invited everyone to the groundbreaking ceremony on May 22, 2001, at 1:00 p.m. and announced that their first performance will be the Bulldozer Ballet. Jim Hildreth, 120 The Grand Canal, listed the documentation he received and is requesting from the City and commented about a shore mooring. Volume 54 - Page 251 "N 11 Res 2001 -29 Res 2001 -30 Res 2001 -31 Assessment District No. 82 (89) City of Newport Beach City Council Minutes May 8, 2001 INDEX Council Member Proctor noted that a lot of staff time is being consumed on this issue and that this seems inappropriate. Mayor Adams reported that Mr. Hildreth did have a hearing before Council and waived $1,800 of his fines. City Attorney Burnham stated that he does not know of a way to preclude Mr. Hildreth from submitting Public Records Act requests, but added that the City Manager has advised him that the City was not going to devote any more staff time to this issue since so much time has already been spent in the past. He indicated that the City needs to minimize its efforts but still comply with whatever legal obligations it may have to disclose documents. Mayor Pro Tem Ridgeway expressed hope that Mr. Hildreth will take this issue to the courts since his comments in the Chambers are inappropriate week after week. At Council Member Heffernan's request, Mr. Burnham explained that Mr. Hildreth built a structure without a permit; the structure was removed by the City; and Council conducted a hearing and rejected his appeal regarding the removal of the original structure. He stated that Mr. Hildreth feels he is entitled to install a structure similar to those installed by persons with pier permits since his father was issued a shore mooring. Russ Niewiarowski, Santa Ana Heights, took issue with the Airport Working Groups' (AWG) recent commercial and believed that backroom talks are occurring for a minor John Wayne Airport (JWA) expansion. He noted that the people do not want JWA to expand, but do want an airport at El Toro. He noted that the Orange County Regional Airport Authority (OCRAA) unanimously supports John Griffin's OCX -V Plan and that John Russell of the Airline Pilots Association (ALPA) will also be supporting this plan. He indicated that they are also working on a Measure A amendment which will allow the OCX -V Plan to be implemented. Jan Vandersloot, 2221 E. 16th Street, expressed support of Council Member Glover's suggestion to budget funds to trim the tree roots on Clay Street as they have aesthetic and cooling value for the neighborhood. He believed that this should be considered in light of the amount of alleged property damage claims due to trees that have been settled. He indicated that they are in the process of forming a group to campaign for these trees. Ann Watt, 20261 Spruce Avenue, Santa Ana Heights, thanked Council for the letter it sent requesting that the airport change the retaining wall to a different type of wall with landscape. However, she took issue with Council Members Glover and Proctor taking a report to the Board of Supervisors that called for the expansion of JWA by 1.4 million annual passengers (MAP). She asked if this was the plan the City is supposed to get behind and if this is the flexibility it is supposed to be showing. She added that she believes that the other signers of the Settlement Agreement (the airlines, FAA, and Congress) will not agree to keep the cap at 10 MAP if they have no other alternatives. Mayor Adams requested that discussion regarding the plan for the extension of the JWA Settlement Agreement take place at the next meeting. Charles Griffin, 732 Bison Avenue, expressed his surprise about the report at the Board of Supervisors meeting. He believed that the Federal government wants El Toro to become an airport and that expanding JWA is inappropriate Volume 54 - Page 252 City of Newport Beach City Council Minutes May 8, 2001 INDEX at this time. He reported that he is writing an initiative that calls for the OCX -V Plan to be put before the people in an election. • Greg Schwenk, Executive Director of the Newport Beach Film Festival, thanked Council and the other sponsors for its support of the 2001 Film Festival. He reported that 17,000 people attended the Festival which is a 19% increase from last year. Further, there was a 25% increase in the investment involvement with the Newport Beach Marriott and a 25% increase in the number of filmmakers in attendance. He added that 60 feature films, representing 20 countries, and 120 short films were shown. He stated that free seminars were also held at the Central Library. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES • Council Member Glover stated that she and Council Members Proctor and O'Neil have been working on the extension of the JWA Settlement Agreement and are in the process of putting together a document about its status that will be sent to every household in Newport Beach. She reported that the Board of Supervisors selected a proposed project and directed the CEO to work with the City to develop a Memorandum of Understanding (MOU) to be submitted to the Board on May 22, 2001. She indicated that the MOU will define the project alternatives and the roles the City and County will play in the preparation of the Environment Impact Report (EIR). The Board's decision is the first step in a process that also involves the FAA and the air carriers. Council Member Glover thanked Chairperson Coad, Supervisor Smith, Supervisor Silva, JWA Director Murphy, Special Counsel Gatske, Council Member Proctor, Council Member O'Neil, City Attorney Burnham, Senior Planner Alford, and City Manager Bludau. She emphasized that citizens of the City need to be aware that Council has to put together a project that will be accepted by the County of Orange, Board of Supervisors, FAA, airport transporters, corridor cities, Newport Beach citizens, and the AWG. She pointed out that the Settlement Agreement is very important to the City and that, if it is not extended, the City will face difficulties in the future. • Council Member Proctor reported that Council Members Glover and O'Neil have worked very hard to get the Settlement Agreement extension to where it is today. He emphasized that, in 2005, there will be no protection for the residents if the extension is not approved. He stated that the increase in flights or passengers is a small part of a bigger issue and that they are finally able to get this process back on track with a document that will be addressed in the EIR process. He reported that the Settlement Agreement extension is still aimed at curfews and caps on the number of flights, types of flights, and number of passengers. Council Member Proctor reported that he participates on the Orange County Regional Airport Authority ( OCRAA) and assured everyone that they are still moving forward in trying to make the El Toro airport a reality. He stated that, while OCRAA is working on this, the City is very active in trying to extend the Settlement Agreement. Volume 54 - Page 253 City of Newport Beach City Council Minutes May 8, 2001 Mayor Pro Tem Ridgeway commended Harbor Quality Committee Member Gardner for writing a Buck Gully grant request that was awarded $250,000. City Manager Bludau reported that there wasn't a quorum for the General Plan Update Committee; however, the members in attendance did discuss the State of the City outline. He indicated that their next meeting will be held on May 20, 2001, and that they expect to review the Request for Qualifications (RFQ) for the traffic study. He also reported that 20 RFQ documents for the General Plan consultant have been sent out. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 17. PLANNING COMMISSION AGENDA FOR MAY 3, 2001. Assistant City Manager Wood reported that the Planning Commission approved a landscape plan and a sign program for the Newport Technology Center at 500 Superior Avenue (Item 1). She indicated that this was previously before the Commission for a use permit to exceed the height limit. She added that the findings that need to be made include superior design of the building and landscaping. Ms. Wood reported that the Commission approved a use permit for a new vespa motor scooter dealer on Coast Highway (Item 2). She noted that a condition of approval was added to ensure that the scooters would only be for sale and not for rent. Regarding Item 7 (expansion of the Boy Scouts Sea Base on Mariner's Mile), Ms. Wood reported that the Commission felt that this was a good use but had concerns with how the expansion was going to be done. The matter was continued to June 7, 2001, to explore ways to do the expansion without blocking so much of the view from Coast Highway. She pointed out that the Commission did not receive the project plans prior to the meeting. Motion by Mayor Adams to receive and file the report. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: None PUBLIC HEARING 18. FY 2001 -2002 COMMUNITY DEVELOPMENT BLOCK GRANT ONE - YEAR ACTION PLAN. Mayor Pro Tem Ridgeway noted that the Department of Housing and Urban Development (HUD) sent a letter complaining about the City's five -year performance and expressed hope that this would not jeopardize future Community Development Block Grant (CDBG) money. Associate Planner Volume 54 - Page 254 1 ui7 Planning (68) CDBG Action Plan (87) City of Newport Beach City Council Minutes May 8, 2001 INDEX Trimble assured Council that CDBG money is not being jeopardized and reported that the City is addressing HUD's concerns. Further, the City has also hired a consultant to help address this in a timely manner so that HUD will be satisfied with the City's Consolidated Annual Performance Evaluation Report (CAPER). Assistant City Manager Wood emphasized that the text of the annual report showed that the City was accomplishing the goals set in the Plan, but the computerized funding disbursement program did not reflect the correct funding because the newest HUD staff member took months to give Mr. Trimble the computer code to update the budget. This will be corrected by the end of the month. Regarding the City's homeless issue, Mr. Trimble indicated that the balance can probably be changed between the social service providers and added that the current amounts reflect the applications that the City received. He reiterated that HUD could not verify that the City spent any money in this category since the computer did not reflect any expenditures; however, the narrative did show that the City expended funds. Ms. Wood added that the City needs to also address the homeless as a "special needs population" in the Housing Element. She indicated that, through CDBG and the Housing Element, the City tries to estimate its need and also participates in a number of groups Countywide that handle this problem on a regional basis. Council Member Proctor stated that, in his profession, he deals with families in need frequently. He believed that this item should be continued until HUD's concerns are addressed and that the City should get the consultant that HUD offered to provide. Mr. Trimble clarified that the different issues being discussed are 1) the Action Plan for next year's CDBG funding and 2) HUD's letter which discusses the 1999 -2000 CAPER. He indicated that the letter pointed out recording issues that created an inconsistency between the City's computerized financial report and the written narrative. He reported that HUD said there were deficiencies in the report and thought that the City did not allocate funds in the Continuum of Care categories because they were using the computerized report. Mr. Trimble stated that he believes that the document is a quality Action Plan and is appropriate for adoption. He added that the deadline would be missed if this were continued. Ms. Wood stated that, for the CDBG program, the City generated a Five -Year Consolidated Plan which HUD approved, and that the Action Plan is just a one -year plan to implement the Five -Year Plan. She indicated that, since the City is consistent with the Five -Year Plan, it is consistent with HUD's regulations. Regarding the Section 8 count, Mr. Trimble explained that this reflects the number of Section 8 recipients in the City. He added that HUD's statement that the City has no public housing units within its jurisdiction is probably a criticism for not having an active housing rehabilitation program, purchase/resale program, or new buyer assistance program. He indicated that the City has never funded these programs in the past, has not included it in its Five -Year Consolidated Plan, and has not been directed by Council to support those types of programs. If this is something the City wants to do, it would need to amend its Five -Year Consolidated Plan and try to put it into the One -Year Action Plan. Volume 54 - Page 255 City of Newport Beach City Council Minutes May H, 2001 Mayor Adams opened the public hearing. 'There was no public testimony presented. Motion by Mavor Pro Tern Ridgeway to approve the Action Plan, including the budget for the CDBG program, for submittal to HUD. Council Member Proctor requested that a report addressing HUD's evaluation of the City's progress be agendized. City Manager Bludau indicated that staff is already preparing a response to the letter and that this will be brought back to Council. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: None MOTION FOR RECONSIDERATION — None. ADJOURNMENT — 9:05 p.m. The agenda for the Regular Meeting was posted on May 2, 2001, at 2:45 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 256 INDEX