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HomeMy WebLinkAbout01 - 5-14-2002May 28, 2002 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes ®R pA��� Study Session May 14, 2002 - 4:10 p.m. INDEX ROLL CALL Present: Heffernan, Bromberg, Adams, Mayor Ridgeway Absent: O'Neil, Glover, Proctor (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In response to Council Member Heffernan's question, City Manager Bludau reported that the applicant requested that Item No. 20 (Structural Encroachments within the Public Right -of -Way Adajcent to 2100 W. Ocean Front — N2002 -0035) be continued to the next meeting. Further, staff will be asking for a continuation on Item No. 19 (Revocation of Mooring Permit), particularly regarding C -11 because the owner indicates that the vessel is seaworthy but has not been able to set up an appointment with the Harbor Patrol for verification. Regarding the Consent Calendar, Mr. Bludau reported that staff is requesting that Items No. 5 (Employer's PERS Medical Contribution for Newport Beach Firefighters Association) and 10 (MOU with Firefighters Association) be continued. 2. REVISED EMERGENCY MANAGEMENT PLAN (EMP). Fire Chief Riley presented Council with a revised Emergency Management Plan (EMP) and indicated that the EMP is also available in the City Clerk's office and on the City's web page. He stated that, in about 30 days, he will be presenting this to Council again for adoption as required by State law. He indicated that the EMP was revised by individuals from many departments, but was spearheaded mostly by Emergency Services Coordinator Boston. He stated that Ms. Boston is in the audience tonight to answer questions and can also be contacted at 644 -3109. Chief Riley referenced the EMP and utilized a PowerPoint presentation to highlight why the City has an EMP and its three components (ensuring the City has trained emergency responders, ensuring the City has trained City employees, and helping train the citizens). He stated that the EMP is an extension of the State's Disaster Plan and that, if cities write their own plan, it becomes part of the State's plan. He indicated that the City meets all legal mandates, qualifies for mutual aid through the California Mutual Aid System and the Federal Mutual Assistance Program, qualifies for financial assistance from the State or Federal Emergency Management Agency (FEMA), is eligible to attain assistance in emergency planning and coordination, and is eligible for grant funds. He reported that, in order to ensure that State requirements are met, the Standardized Emergency Management System (SEMS) requires a disaster plan, an Emergency Operations Center (EOC), training for personnel, and annual exercises. Volume 55 - Page 142 Emergency Management Plan (41) City of Newport Beach Study Session Minutes May 14, 2002 Chief Riley reported that the Municipal Code contains an Emergency Services chapter and outlined its purpose. He reitereated that the EMP is a legal document that, once adopted by the City and approved by the State Office of Emergency Services (OES), becomes a part of the California Emergency Services Act. He provided a history of the City's EMP and reported that it provides for the basic plan formulation, establishes the emergency organization, establishes an EOC, calls for department specific annexes, provides responder checklists, and provides continuity of government during a disaster. He noted that the EMP is made up of five sections and stated that the City switches to the Emergency Management Organization when there is an emergency. He reported that the California Government Code basically states that all City employees become disaster service workers and are required to report to work and take direction from the Director of Emergency Services. He reviewed the roles of the Director of Emergency Services and the City Council, and highlighted the City Functional Responsibility Matrix. Chief Riley reported that the Plan for the Continuity of Government has three elements (standby officers for the governing body, alternate seat of government, and preservation of vital records). He indicated that the primary EOC is located in the Police auditorium and back up EOCs are located at the Central Library, Oasis Senior Center, and the Community Youth Center at 5'b and Iris. Chief Riley reported that changes in the 2002 EMP include the addition of Newport Coast, reevaluation of the hazard analysis, update of the activation notification system, streamlining of emergency functions, and reassignment of emergency responsibilities to City departments. Council Member Heffernan stated that the natural vegetation in Newport Coast is probably bad during a fire and asked if the buffer zones between the natural area and the houses are adequate. Chief Riley stated that he is not completely satisfied, but noted that they have improved their fuel modification programs. He noted that the City does have jurisdiction to enlarge the buffer zones and that a comprehensive mapping of the area will be generated to help determine whether the buffer zones are adequate. Debra Allen, 1021 White Sails Way, stated that some Corona del Mar residents were concerned that the Laguna fire was going to jump Coast Highway and wind up in Buck Gully. She indicated that one of the most reassuring things for her at that time was that she heard on the news that the Mayor and City Manager were in the emergency control center at the Police Station. She believed that the City was in good hands and that information was being provided. Mayor Ridgeway announced that this will be coming back to Council for approval in about 30 days. 3. PARK DEVELOPMENT UPDATE. Public Works Director Badum reported that Council directed staff at the January 22, 2002, study session to look at two concepts prepared by EPT Landscape. Regarding Bayview Landing, the City budgeted $340,000 to move forward with the park, with an additional $340,000 from the CIOSA Volume 55 - Page 143 INDEX Park Development/ Bayview Landing, Newport Village & Sunset Ridge (62) City of Newport Beach Study Session Minutes May 14, 2002 program. He indicated that staff hired CNC Engineering to prepare conceptual plans and pointed out that they came up with cost estimates around $2.4 million; however, the EPT design costs about $1.8 million. He reported that, during the PB &R subcommittee meeting on May 1, they discussed moving forward with the amount of funding that is available today. He added that they also discussed proceeding with an ultimate plan and then looking for future funding. He believed that the direction the Commission preferred was to move forward with the existing funding. Mr. Badum highlighted the approaches, ranging from maximum grading which would produce the most view opportunities to no grading which allows for landscaping and amenities. He stated that staff recommends reduced grading to try to maximize the view, along with perimeter landscaping, a bike trail, native vegetation, and irrigation. He emphasized that it is more important to pursue a finished product because funding is uncertain. Mr. Badum reported that Newport Village currently has no funding and that EPT's estimate for this site is about $2 million. He stated that, at the May 1 meeting, the subcommittee discussed variations to the plan. He noted that Council wanted staff to focus on additional parking for the Central Library. Regarding Sunset Ridge Park, Mr. Badum reported that staff is working with the State Parks Department on drafting the operating agreement which will be similar to what the City has for Corona del Mar State Beach. He added that the City is looking into purchasing the property via a payment program; however, with the Banning Ranch project in flux, there is no access to the park. He reported that they are unsure of the guidelines for Proposition 40, but are looking forward to pursuing funding for Sunset Ridge Park and Newport Village Park. Mayor Pro Tem Bromberg stated that the Newport Village and Bayview Landing sites are in his district and that he has attended the subcommittee meetings. He indicated that there has been a lot of diverse opinion on the way the parks should be developed. Regarding Bayview Landing, Council Member Adams asked if the top soil would be brought back after grading. Mr. Badum stated that this is something that would be identified during the design process, but they have found that in most undeveloped park sites it usually does require that some top soil be brought in. He noted that the cost estimates are fairly rough until more designing occurs. "013 Council Member Adams asked if the parking for the library requires a secondary entrance to the library. Mr. Badum believed that a secondary public entrance was not envisioned since it entails installing equipment for the books and also needs to be manned. Mayor Ridgeway stated that the staff report indicates that maximum grading is 75,000 cubic yards and reduced grading is 30,000 cubic yards; however, Exhibit D indicates 53,000 cubic yards of export soil. He pointed out that the estimated cost of $7 1cubic yard is the single biggest budget item. He asked if there is someone who would take the soil for less money to reduce the budget. Mr. Badum stated that the estimates emphasize the big Volume 55 - Page 144 City of Newport Beach Study Session Minutes May 14, 2002 INDEX difference between the options and added that there may be other ways to reduce grading and still provide some views. He believed that more engineering needs to take place to come up with a solid plan. He reiterated that, if the City sets the ceiling at $680,000, there is a certain amount of grading that can happen, along with some landscaping. He indicated that there has been talk about keeping some of the dirt onsite and moving it to a different place on the site that does not affect the view. Don Webb utilized photos to illustrate that grading certain areas could lower the hillside and bluff to create a view. He indicated that one of the issues is the impact to the 60 foot slope face. He noted that the EPT grading plan shows that most of the 57,000 cubic yards is in an area which will bring down a slope from Coast Highway. He suggested that, instead of maximum grading, the grading should be spread across the site and that only about 40,000 cubic yards be graded to create a view corridor of about 1,000 feet. Regarding the areas that will be left natural, he suggested that the upper soil be scraped eight to twelve inches during the grading process and then laid back down. In response to Mayor Ridgeway's questions regarding the easterly portion of Bayview Landing, Mr. Webb believed that the City would want to concentrate the grading. Mayor Ridgeway stated that the current top soil on the site is not growing anything but weeds. He believed that the only thing that can be done is to export it and import soil. Val Skoro, Parks, Beaches & Recreation Commission Chair, indicated that there have been many meetings relative to park development with the subcommittee and PB &R over the past year, and requested direction on how to proceed. He stated that everyone he has talked with is excited about the land, adding that this is a legacy that everyone will be leaving. He pointed out that the residents are behind this and, during the visioning process, park development was one of the top three items and 80% of the people put this high on the funding priority. He stated that he is supportive of Mr. Webb's plan for Bayview Landing and reported that the Coastal Commission indicated that view enhancement is a plus for getting their approval.. He recommended that Phase I include removing 40,000 cubic yards of dirt and providing informal landscaping, including coastal sage. He added that Phase II could include hardscape and landscape with a permanent irrigation system. He stated that, with the plan and the view created, the City may be able to obtain funding, believing that the City may get $550,000 through Proposition 40. Mr. Skoro stated that the Commission is looking for direction regarding the proposed parking at Newport Village. In response to Dolores Otting's question, Mayor Ridgeway explained that they will be moving around 57,000 cubic yards of dirt, but will be exporting 53,000 cubic yards. Ms. Otting believed that this means 5,300 trucks will be needed to remove the soil since only 10 cubic yards can be taken out at a time. Mr. Badum noted that trucks come in different sizes. Mayor Ridgeway agreed that a significant amount of traffic will be created by this site. Ms. Otting reported that the County sometimes takes dirt for free. Dennis Baker stated that he is opposed to Mr. Webb's grading plan and prefers no grading. He indicated that he is a bicyclist and his wife is a runner, and that people now run to the Shellmaker turnoff and turn around. Volume 55 - Page 145 City of Newport Beach Study Session Minutes May 14, 2002 He believed that it would be a good idea to make Bayview Landing the terminus for runners and bicyclists without having parking. He emphasized that he would like to see something happen and that this would be encouraging for the public. INDEX Stephanie Barger agreed with Mr. Baker, adding that she has never thought Bayview Landing was supposed to be a view park, but a park for sitting and enjoying the view and nature. She stated that she drives by the land every day and that drivers have less than a second to see any views and that grading should be the lowest priority since it will cost too much and delay the project. Regarding Propositions 13, 40, and 319 funding, she indicated that there is a lot more opportunity for funding if the City keeps the site natural, conducts wetlands recovery, and plants native plants. Further, the City should utilize the public to help replant the park. She believed that a temporary sign should be installed to let people know what is happening to the site. Council Member Adams indicated that he made a recommendation to staff about six months ago to erect signs so people know the future plans for the sites. Dr. Jan Vandersloot stated that he is in favor of improving the view at Bayview Landing and the reduced grading alternative, but is not in favor of cutting into the coastal bluff. He believed that, when the money is spent for grading, the money can also be applied toward a matching grant for native landscaping. He explained that it is a good sign when grass and weeds grow because it means that native vegetation can grow on the site. He added that the park needs to be looked at in terms of its ecological importance to Upper Newport Bay. Dr. Vandersloot reported that EPT has developed a plan for Newport Village Park (Central Park) that is similar to the plan developed by Stop Polluting Our Newport (SPON); however, SPON's plan is less abusive to the land and does not require as much grading. He added that EPT's plan is twice as expensive. Regarding parking, he stated that SPON's position has always been that some of the land can be used for improving parking for the library; however, other parking alternatives should be looked at. Council Member Adams asked if minimal grading and the planting of natural habitat are counterproductive. Dr. Vandersloot stated that he is suggesting that low growing bush be planted. Patrick Bartolic, Board of Library Trustees Chair, stated that he is speaking on behalf of the library and urged Council to help with the parking situation. He requested that, if parking is made above the library, some type of stairway or sidewalk access into that end of the library be constructed. Harry Hamilton, Board of Library Trustees, believed that this would not technically add parking to the library but would almost get the library parking to the amount it was supposed to have in the initial plan. He believed that this is one of the best attempts at bringing the library parking up to design. He added that the meeting room is underutilized because there is insufficient parking. Debra Allen stated that she chairs the PB &R subcommittee. She believed that all the plans for Bayview Landing are good and requested direction so they can do their job and then come back to Council with a plan for Volume 55 - Page 146 City of Newport Beach Study Session Minutes May 14, 2002 INDEX implementation. She believed that the modified grading plan has the most support. She indicated that there is a lot of support for Newport Village and added that the EPT plan and the SPON plan are similar enough that the differences can be worked out through public hearings. She emphasized that the issue is that there is currently only $35,000 available for the project. She requested clarification regarding the parking for the library and suggested that the library or its support groups help fund it. She believed that, if signs are erected and the grading, planting, and irrigation begins, there will be great public support. Council Member Adams asked why PB &R did not come to Council with a recommendation. Ms. Allen stated that making a final plan, holding public hearings, and generating staff reports cost money. She added that, until they knew what direction Council wanted, they would have spent money that should be spent in other ways. She indicated that now they are at a point in which they need Council direction. In response to Council Member Heffernaris questions, City Manager Bludau believed that Council would need to give some kind of direction regarding conceptual planning for the top priority. Council Member Heffernan asked if this should be addressed at a regular meeting for public comment in order to set the next step. Pat Beek, Parks, Beaches & Recreation Commission, stated that getting grant money is not easy because you have to be very specific about what you are requesting and have to keep the parcel almost in tact. She stated that she was on the Castaways Committee which asked for $250,000, but after 2'/ years, they will only get a little over $125,000. She stated that, if a budgetary number is set and the City uses all of it to grade with the hope that grant money will follow for Bayview Landing, it may not happen. Mayor Ridgeway agreed, adding that everybody in the State is looking for Proposition 40 money. He reported that the City has made an application for $10 million for wetlands restoration in the Upper Bay. He noted that this is a separate category; however, when Proposition 40 money is divided, it is false hope to think that the City is going to get that kind of grant money from the State. Ms. Beek suggested that the City determine whether or not they want to do a certain portion of Bayview Landing and still request grant money to do the other portions. She believed that the City may want to spend Proposition 40 money on Newport Village since it is a large parcel and is in the center of the City. She indicated that, at the committee meeting, she asked whether the Library Foundation might want to invest in paying for the additional parking. Barbara Johnson stated that she is disturbed that the main concern regarding Bayview Landing is to provide a view for 60,000 to 100,000 cars a day, adding that this is counterproductive to the citizens of the City when there is a $22 billion State budget deficit. She noted that Mayor Ridgeway stated in the State of the City that the sales tax revenues and hotel moneys are down. She believed that the park and open space process was going to fall under the General Plan Update visioning process and asked why this process is being circumvented and why the City is in a hurry to spend money it may not have when the State budget comes out in July. Mayor Ridgeway reported that the visioning process is for large policy issues. He pointed out that the policy issue about open space and conservation has been established Volume 55 - Page 147 City of Newport Beach Study Session Minutes May 14, 2002 for the three sites. He noted that one of the sites has been under discussion for 20 years and that he wants to take action on this item. Regarding grading to provide views for vehicles, Council Member Adams noted that he lived in Corona del Mar for 15 years and that seeing the panoramic view from his car every night lifted his spirits. He believed that it is a good investment if the City can improve and provide motorists a view of the bay for the next 100 years at a reasonable cost, while developing Bayview Landing. Mayor Ridgeway stated that the residents that he spoke to on Lido Island are excited when they drive toward their bridge and take a look at the view. Mayor Pro Tem Bromberg thanked everyone who has put time into this and stated that the City needs to move forward and use the $680,000. He indicated that it would be nice to drive down for 1,000 feet and have a view of the bay; however, this probably cannot be done. He stated that the area might get 400 to 500 feet of view and expressed the opinion that it is not necessary or appropriate to take the hills down. He reported that Council decided a long time ago that the Newport Village site will be the primary park and that a majority of the money will go to this site. INDEX Regarding Bayview Landing, Mayor Pro Tem Bromberg proposed having reduced grading, installing bike trails, planting coastal sage in the middle, and landscaping the perimeter with the $680,000. For Newport Village Park (Central Park), he proposed developing a conceptual plan, with parking for the library, and bringing it back to Council for approval. Additionally, he stated that the City could utilize the plans developed by EPT Landscape and SPON to develop a City plan, approve the plan, and look for funding. Mayor Ridgeway agreed with Mayor Pro Tem Bromberg, Dr. Vandersloot, and Commissioner Beek regarding the Newport Village Park and that the combination of the EPT and SPON plans is appropriate, adding that it would provide for better funding under Proposition 40. He stated that he supports parking for the library and believed that the library should look at donating the property and then figure out how to fund it. Mayor Ridgeway agreed that Bayview Landing should move forward and that a modified grading plan should be used, but at a greater level. He believed that Mr. Webb's plan would be a tremendous legacy to leave the City, emphasizing that the Coastal Commission is very concerned about the viewscape on the site and that they are probably prepared to let the City do some minor modifications to the slope. He reported that the two places that are most frequented by tourists are Newport Center/Fashion Island and Balboa Island and noted that they all would drive by Bayview Landing. He believed that the site should be made for everyone. Council Member Heffernan stated that a noise barrier should be considered so that traffic does not impact the site. Following discussion, Council directed staff to develop plans, take it to the PB &R Commission for a recommendation, and then bring a report to Council for approval. Further, staff was also directed to present a status report at every Council meeting. Volume 55 - Page 148 City of Newport Beach Study Session Minutes May 14, 2002 4. ORAL QUARTERLY REPORT — ASSET MANAGERS. Administrative Services Director Danner stated that the City employs four asset managers. He reported that, as of last Thursday, the City has about $104 million in investments and the asset managers manage about $86 million. Marty Cassell, Chandler Asset Management, Inc., reported that the economy is recovering from the recession but there is a little bit of volatility with regard to interest rates and the stock market. He reviewed the two -year Treasury notes and the Treasury yield curve, and noted that there are significant increases in yields, particularly out to the five year area. He highlighted the City's investment objectives and stated that the Merrill Lynch one to three year Treasury index is the measure they use for performance and that this is achieved through investing in high quality U.S. Treasury Agencies, corporate, or money market instruments. He indicated that Chandler reviews the City's investments monthly and sends a report with the monthly statement to show that everything in the portfolio is in compliance with'the City's policy and State Code. Mr. Cassell stated that the total market value, including the accrued interest of the City's portfolio, is $23.3 million. He reported that agencies are 70 %, corporate notes are 21 %, the Treasury is 8 %, and cash equivalent is 1% of the investment portfolio. He noted that about 35% of the portfolio is scheduled to mature within the next year; 30% in about one to two years; 20% in about three years; and 15% in about three to four years. He stated that Chandler's objective is to approximate the market return by the one to three year Treasury index and that the portfolio has been tracking well over the last three months. He reported that, since 1991, the return has averaged 6.54 %. Mr. Cassell indicated that Tab III contains an asset listing of the securities that Chandler manages in the City's portfolio. INDEX Council Member Heffernan asked if Chandler's maturities go forward when the money is reinvested in the same range. Mr. Cassell stated that the range they invest in has a maximum maturity of five years. He explained that, depending on the interest rate environment, economic condition, and the rest of the securities in the portfolio, they make a determination as to where the reinvestments should take place. He stated that they strive to keep the average maturity very close to its benchmark to help ensure they achieve the long term goals. He indicated that, over time, the duration of maturity of the portfolio shortens which requires them to extend the securities out. He emphasized that these circumstances dictate where they reinvest. He noted that they currently focus most of the reinvestments in the two to three year area. Nancy Jones, Public Financial Management (PFM), stated that page 2 has a chart of the Federal funds rate since 1992 and that its current rate is now 1.75% which is the target for short term rates. She reported that the next meeting of the Federal Open Market Committee (FOMC) is June 25, but market analysts believe there will be no action until August. She stated that the Treasury yield curve is steeper now than it was three months ago. Regarding the yield curve chart which compares March 2001 to March 2002, she noted that rates fell the most in short term rates; however, the rates Volume 55 - Page 149 Asset Managers' Reports (40) City of Newport Beach Study Session Minutes May 14, 2002 have not fallen much in the past year for the two to five year range. Ms. Jones reported that PFM is probably the most conservative of the City's investment advisors because they strive hard to protect the quality of the portfolio. She stated that they focus less in the corporate area because they are concerned about which corporations are going to be around in the future. She indicated that they have not bought any corporates over the past several months and that, if there are any corporates they have questions about, they sell them. She indicated that they will continue to focus the portfolio in Federal agencies and that the best place to buy securities is in the one to three year range. Ms. Jones reported that they have targeted the portfolio to be a little shorter than the duration because, as interest rates rise, the portfolio will lose value. She added that they want to be a little shorter than the average maturity of the benchmark so that, as interest rates rise, the portfolio will not take as much of a hit. She referenced the long term purchases on page 6 and reported that, in January 2002, a security matured and another security was called away from the City. She indicated that in January they reinvested in short term investments and waited until the end of January /early February to buy a security. She noted that two securities were purchased in late March. She pointed out that the difference between short term rates and long term rates is the widest it has been since 1995. She explained PFM's thinking behind whether to leave the money long term or short term. PUBLIC COMMENTS — None. — 6:15 p.m. The agenda for the Study Session was posted on May 8, 2002, 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 55 - Page 150 INDEX CITY OF NEWPORT BEACH City Council Minutes Regular Meeting May 14, 2002 - 7:10 p.m. STUDY SESSION — 4:10 p.m. 01?A ,F;r CLOSED SESSION — 6:15 p.m. A. RECESSED AND RECONVENED AT 7:10 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Absent: Glover, Proctor (excused) C. CLOSED SESSION REPORT — None. D. PLEDGE OF ALLEGIANCE — Council Member O'Neil. E. INVOCATION — Mrs. Marianne McDaniel. F. Cable Focus Group Announcement. Mayor Ridgeway reported that the City's existing cable franchise agreements with both Adelphia and Cox Communications expired in January 2002, but were extended through January 27, 2003 in order to seek information from the community as to what they want to see for local programming. Mayor Ridgeway announced that the focus group meetings would be taking place the week of May 20, 2002. Youth Council Challenge Day Announcement. Mayor Ridgeway announced that the Newport Beach Youth Council would be hosting the 2 -d Annual Challenge Day on Saturday, May 18, 2002, from 9:00 a.m. to 4:00 p.m. at the Oasis Senior Center. He stated that the event is nationally recognized and aims to teach understanding in an effort to reduce the incidence of violence in schools and communities. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEW Council Member Heffernan stated that he had previously asked the City Clerk to find out if the City's web address could be changed because the current one, http: / /www.city.newnort- beach.ca.us, is long and Volume 55 - Page 151 INDEX City of Newport Beach City Council Minutes May 14, 2002 INDEX cumbersome. He stated that it was reported back to him that the City's web address conforms to protocol and must remain as is. • Council Member Heffernan announced that he is formally appealing the decision of the Parks, Beaches & Recreation Commission to remove the ficus trees on the peninsula. • Council Member Heffernan stated that due to the Trenton Veches incident, the City must conduct a thorough review of its practices to make sure that all is being done to ensure that a high standard is being met. He noted the upcoming children's summer programs and the additional hiring that is currently taking place. Mayor Pro Tem Bromberg announced that the Balboa Island Art Walk held on Saturday, May 12, 2002, was a huge success and attended by 3,000 to 4,000 people. He complimented the Public Works Department for being able to open a street that was discovered to be under construction, in a single day's notice. • Mayor Pro Tem Bromberg announced that the first of the Concerts in the Park series, sponsored by the City Arts Commission, would be taking place on Sunday, May 19, 2002, at Mariners Park at 5:30 p.m. • Mayor Pro Tem Bromberg announced that the Relay for Life, benefiting the American Cancer Society, would begin Friday, May 17, 2002, at 7:00 p.m. He stated that it's the first time it's been held in Newport Beach and close to 40 teams are participating. • Council Member Adams asked the City Manager to provide an update on the status of a citywide traffic signal timing and synchronization study. City Manager Bludau stated that he planned to include the item as a part of the City Council's review of the 2002 -2003 budget and that it was included on the list of top priorities identified by staff at a recent retreat. (cont.) Alzheimer's Association Presentation. Tom Casey, Director of the Alzheimer's Association of Orange County, introduced Mary Allen, a volunteer with the Association. Ms. Allen stated that it is estimated that more than 50,000 residents in Orange County have Alzheimer's, with its impact felt by all generations. Ms. Allen stated that 70% of Alzheimer's patients live at home, and 75% of the in -home care is handled by family and friends. She stated that in addition to the emotional cost, the national average lifetime financial cost is over $170,000. Ms. Allen stated that the Alzheimer's Association is dedicated to providing services, education and advocacy for individuals, families and the community, and that a variety of programs are provided at no cost. She stated that understanding and caring for a person with Alzheimer's can be overwhelming and frightening. The more the caregiver knows and understands, the better the quality of care will be. Ms. Allen encouraged members of the community to volunteer in helping the Association. She showed a brief video, which highlighted the Alzheimer's Association Memory Walk, the largest Volume 55 - Page 152 City of Newport Beach City Council Minutes May 14, 2002 I. INDEX fundraising event for the Association. Mayor Ridgeway thanked Mr. Casey and Ms. Allen for making the presentation. He stated that he, personally, used the Association's help line when a family member was diagnosed with Alzheimer's and found it to be very valuable. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar by a member of the audience. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCE FOR ADOPTION 3. APPROVAL OF AN AMENDMENT TO PERS CONTRACT TO Ord 2002 -9 PROVIDE FOURTH LEVEL OF 1959 SURVIVOR BENEFITS TO C -563 MISCELLANEOUS EMPLOYEES. Adopt Ordinance No. 2002 -9 PERS authorizing an amendment to the contract between the City Council of Fourth Level the City of Newport Beach and the Board of Administration of the Survivor Benefits California Public Employees' Retirement System. (38) RESOLUTIONS FOR ADOPTION 4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION Res 2002 -33 FRANCHISES TO ROCHE EXCAVATING, INC. 1) Adopt Resolution Ord 2002 -10 of Intention No. 2002 -33 to award a Non - exclusive Solid Waste Non - exclusive Franchise to Roche Excavating, Inc. and to set the public hearing for Solid Waste May 28, 2002; and 2) introduce Ordinance No. 2002 -10 granting a Collection Franchise/ Non - exclusive Solid Waste Franchise to Roche Excavating, Inc. and pass Roche Excavating to second reading on May 28, 2002. (42) 5. RESOLUTION FIXING THE EMPLOYER'S PERS MEDICAL C -2060 CONTRIBUTION FOR NEWPORT BEACH FIREFIGHTERS PERS Medical/ ASSOCIATION. Item continued to May 28, 2002. Firefighters (38166) CONTRACTS AND AGREEMENTS 6. Item removed from the Consent Calendar by a member of the audience. 7. PURCHASE OF RESCUE BOAT. Waive City competitive bidding Rescue Boat guidelines and approve the single source purchase of a large rescue boat Purchase from Crystaliner Corporation of Costa Mesa at a total cost of (41144) $257,921.18 including tax. 8. Item removed from the Consent Calendar by a member of the audience. Volume 55 - Page 153 City of Newport Beach City Council Minutes May 14, 2002 INDEX 9. Item removed from the Consent Calendar by a member of the audience. 10. MEMORANDUM OF UNDERSTANDING WITH FIREFIGHTERS C -2060 Firefighters ASSOCIATION. Item continued to May 28, 2002. Assoc. MOU (38) 11. COOPERATIVE AGREEMENT BETWEEN THE CITY OF IRVINE C -3459 AND THE CITY OF NEWPORT BEACH FOR THE Median Landscaping/ INSTALLATION OF MEDIAN LANDSCAPING ON JAMBOREE Jamboree Road ROAD BETWEEN CAMPUS DRIVE AND BRISTOL STREET (38) (contd. from 4/9/02 & 4/23/02). Approve the Cooperative Agreement between the City of Newport Beach and the City of Irvine for the installation of median landscaping on Jamboree Road between Campus Drive and Bristol Street and authorize the Mayor and the City Clerk to execute the agreement. 12. Item removed from the Consent Calendar by a member of the audience. 13. OCEAN FRONT STREET END IMPROVEMENTS: FERN, C -3383 GRANT, HIGHLAND, NORDINA, AND SONORA STREETS — Ocean Front AWARD OF CONTRACT (C- 3383). 1) Approve the plans and Street End specifications; 2) award the contract (C -3383) to J.D.C. Inc. for the total Improvements bid price of $177,825 and authorize the Mayor and the City Clerk to (38) execute the contract; and 3) establish an amount of $17,000 to cover the cost of testing and unforeseen work. 14. BONITA CREEK SPORTS PARK LIGHTING (C -3439) — C -3439 COMPLETION AND ACCEPTANCE. 1) Accept the work; Bonita Creek 2) authorize the City Clerk to file a Notice of Completion; 3) authorize Sports Park the City Clerk to release the Labor and Materials bond 35 days after the Lighting Notice of Completion has been recorded in accordance with applicable (38) portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 15. SEWER AND STORM DRAIN LINING PROJECT — AWARD OF C -3465 CONTRACT (C- 3465). 1) Approve the plans and specifications; BA -041 2) award a contract (C -3465) to Insituform Technologies, Inc. for the Sewer and total bid price of $356,407 and authorize the Mayor and the City Clerk Storm Drain to execute the contract; 3) establish an amount of $35,000 to cover the Lining Project cost of unforeseen work; and 4) authorize a budget amendment (BA -041) (38/40) appropriating $144,407 from the unappropriated Wastewater Fund Reserve Balance to Account No. 7531- C5600292. 16. CITY HALL ELECTRICAL UPGRADES (C -3318) — COMPLETION C -3318 AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk City Hall to file a Notice of Completion; 3) authorize the City Clerk to release the Electrical Labor and Materials bond 35 days after the Notice of Completion has Upgrades been recorded in accordance with applicable portions of the Civil Code; (38) and 4) release the Faithful Performance Bond 1 year after Council acceptance. Volume 55 - Page 154 City of Newport Beach City Council Minutes May 14, 2002 J INDEX MISCELLANEOUS ACTIONS 17. Item removed from the Consent Calendar by Mayor Ridgeway. Motion by Mayor Pro Tem Bromberg to approve the Consent Calendar, except for those items removed (1, 6, 8, 9, 12 and 17), and noting the continuance of Item Nos. 5 and 10. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Glover, Proctor ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF APRIL 23, 2002. Jim Hildreth, Newport Beach, referred to Volume 55, Pages 129 and 130 of the April 23, 2002, minutes. He stated that comments directed at him during the meeting were not included in the minutes. He stated that the minutes are records of the City. Additionally, Mr. Hildreth stated that the letters he presented at the meeting weren't properly noted in the minutes under the Public Comments section. Motion by Council Member O'Neil to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Glover, Proctor 6. PROFESSIONAL SERVICES AGREEMENT FOR ESHA STUDY C -3530 TO CONDUCT FIELD STUDIES OF ENVIRONMENTALLY Environmentally SENSITIVE HABITAT AREAS (ESHAs) AND PREPARE Sensitive Habitat UPDATED POLICY AND REGULATION RECOMMENDATIONS Area (ESHA) Study FOR THE UPDATES OF THE LOCAL COASTAL PROGRAM (38) (LCP) AND THE GENERAL PLAN. Dr. Jan Vandersloot, Newport Heights, stated that he wanted to make sure that certain areas in the City are covered under the agreement. Dr. Vandersloot stated that, specifically, the west side of Cliff Drive Park, the park site above the Central Library, Castaways Park, the bluff edges and faces, including those in Corona del Mar and Upper Newport Bay, the area between Jamboree Road, MacArthur Boulevard and the 73 Freeway, and various other wetland areas might qualify and should be Volume 55 - Page 155 City of Newport Beach City Council Minutes May 14, 2002 protected. Mayor Ridgeway asked Dr. Vandersloot to submit a written list of the areas to Senior Planner Alford. Planning Director Temple clarified that the agreement will not be limited to the coastal zone areas of the City and encouraged Dr. Vandersloot to include all areas of the City on his list. Motion by Mavor Pro Tem Bromberg to approve the professional services agreement with Coastal Resources Management. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Glover, Proctor 8. MODIFICATION OF AGREEMENT FOR OPERATIONS AND MAINTENANCE OF OIL FIELD FACILITY. 9. MODIFICATION OF AGREEMENT FOR OIL FIELD WASTEWATER DISCHARGE. Dr. Vandersloot, Newport Heights, asked that Item Nos. 8 and 9 be considered together since both involve clean water and water quality. He stated that the staff report didn't include the- constituents of the wastewater or where the wastewater is going. Mayor Ridgeway stated that the wastewater used to be pumped to West Newport, but is now reinjected into 13 operating water wells. City Attorney Burnham added that drinking water aquifers are not involved in the process. Mayor Ridgeway additionally noted that it is saltwater that is coming from offshore wells. Motion by Council Member O'Neil to approve modification of agreement to Sampson Oil Company for operations and maintenance of the City's oil field facility; and authorize the Mayor and the City Clerk to execute the modification of agreement; and approve the modification of agreement to West Newport Oil for the disposal of wastewater from the operation of the oil and gas facility; and authorize the Mayor and the City Clerk to execute the modification of agreement. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Glover, Proctor INDEX C -2428/ Oil Field Ops. & Maint. (38) C -3005/ Oil Field Wastewater Discharge (38) 12. BALBOA ISLAND BAY FRONT REPAIRS — AWARD OF I C -3458 Volume 55 - Page 156 City of Newport Beach City Council Minutes May 14, 2002 Jim Hildreth, Newport Beach, stated that some of the boardwalks around Balboa Island and Little Balboa Island have already been done, and he hoped that the contract under consideration was only for South Bay Front and East Bay Front. He added, however, that he hoped that the contractor would evaluate the previous work and take any shortcomings into account. Motion by Mayor Pro Tem Brombere to approve the plans and specifications; award the contract (C -3458) to GCI Construction, Inc. for the total bid price of $198,810 and authorize the Mayor and the City Clerk to execute the contract; establish an amount of $19,000 to cover the cost of testing and unforeseen work; and approve a budget amendment (BA -040) transferring $15,000 from Account No. 3130 -8239 to Account No. 7012- C5100008. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Glover, Proctor 17. CITY S POSITION ON PROPOSALS TO LIST NEWPORT BEACH AREA WATERWAYS AS WATER QUALITY- LIMITED. Assistant City Manager Kiff stated that approval of the staff recommendation would authorize the Mayor to send a letter to the State Water Resources Control Board to support a couple of things, including the City working with Defend the Bay on a trash Total Maximum Daily Load (TMDL) for the Santa Ana River and Newport Bay. Assistant City Manager Mff explained that a TMDL is a daily limit on a contaminant and Defend the Bay believes that too much trash appears after storms. He stated that a comprehensive reduction in trash, from throughout the watershed, would benefit Newport Beach. Mayor Ridgeway asked what percentage of the trash in the Bay comes from Newport Beach. Assistant City Manager Mff estimated that 80% to 90% of the trash comes from the inland cities. He added that the staff recommendation is to support Defend the Bay's trash TMDL proposal. Mayor Ridgeway noted that the City would probably be placing screens on the City's 2200 catch basins over the next ten years. City Manager Bludau asked how trash TMDL is measured. Assistant City Manager Kiff stated that the trash TMDL measurement has not been developed, but Defend the Bay is proposing that the State begin working on it. He added that the goal of Los Angeles County for their areas with trash TMDL's is zero trash within ten years. Mayor Pro Tem Bromberg, as a member of the Coastal/Bay Water Quality Citizens Advisory Committee, stated that this would only be the Volume 55 - Page 157 INDEX BA-040 Balboa Island Bay Front Repairs (38/40) Newport Beach Area Waterways (51) City of Newport Beach City Council Minutes May 14, 2002 INDEX start of a long-term goal. Bob Caustin, 471 Old Newport Blvd., Defend the Bay, stated that Defend the Bay's current proposal is only to include certain areas on the State's list of impaired water bodies. He stated that this will start the process towards establishing trash TMDL's. Mr. Caustin stated that Assistant City Manager Kiffs estimate of the trash generated by Newport Beach is probably high. Motion by Mayor Pro Tern Brombera to authorize the Mayor to issue a letter to the State Water Resources Control Board regarding several waterways proposed for listing as "water quality limited" under Section 303(d) of the federal Clean Water Act. Dr. Jan Vandersloot, Newport Heights, stated that Buck Gully, Los Trancos Creek and Muddy Creek should also be included on the list of water bodies. Mayor Ridgeway stated that they were included on the list. Dr. Vandersloot recommended that the Newport Beach shoreline, 1000 feet down coast of the Santa Ana River, also be included. He stated that including this area on the list would help with the issue of the sewage plume that is approaching the shoreline. Mayor Ridgeway stated that it would be premature to include the shoreline on the list at this time. Council Member Heffernan asked for staffs basis for not including the shoreline at this time. Assistant City Manager Kiff stated that listing a shoreline is usually done with extensive data about the problems in the area. He stated that this area has not had the bacteria problems that some of the other areas have had and would not be the best use of the limited TMDL development resources. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Glover, Proctor K. PUBLIC COMMENTS Jim Hildreth, Newport Beach, presented a letter to the City Council, dated May 14, 2002, and asked that it be entered into record. Letter is on file in the City Clerk's office. He stated that the letter discussed his letter of August 14, 2001, which described what transpired on June 24, 1976, and Harbor Resources Manager Melum's response at the time. Mr. Hildreth stated that the documents he requested have been located and he hoped that a notice would be sent to him letting him know when the documents would be presented to him. He added that there is no reason why the J. M. Hildreth family residential pier mooring site Volume 55 - Page 158 City of Newport Beach City Council Minutes May 14, 2002 should have to move and asked when the City would honor the November 3, 1999, agreement. Mr. Hildreth reminded the City that it is illegal to deny a person access to their property. Derek Lesson, 20342 SW Cypress St., handed out an article published in Aerospace Engineering, and stated that the residents of Santa Ana Heights deserve quality of life. He noted that Measure W proposed to improve the quality of life for all residents of Orange County. Mr. Lesson referred to the article and noted that new technology is available to reduce the noise caused by jets. He suggested that the City Attorney work towards improving the quality of life for current and future residents by meeting with the airlines and the County. Aaron Israel, 2104 Fuentes, Newport Beach Youth Council, announced that the Corona del Mar Scenic 5K would be taking place on June 1, 2002, and the Youth Council had been actively promoting the event. Additionally, he stated that the Youth Council is looking forward to Challenge Day, as announced earlier in the meeting by Mayor Ridgeway. Russell Niewiarowski, President of The New Millennium Group (TNMG), stated that TNMG is an advocate group for the El Toro airport alternative. He handed out a flyer and stated that the purpose of the flyer is to create awareness that an airport at El Toro is still attainable and that there is the opportunity to stop the City of Irvine from purchasing the property. Mr. Niewiarowski stated that the initiative being proposed by TNMG would rezone El Toro as an airport. He briefly mentioned the campaign taking place by TNMG. He stated that the initiative would provide a true vote for the residents of Orange County. He asked for the City's assistance and stated that South County is already threatened by the campaign. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES — None. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 18. PLANNING COMMISSION AGENDA FOR MAY 9, 2002. Planning Director Temple stated that there were four items on the May 9, 2002, Planning Commission agenda. She stated that the item regarding the Mortazavi Triplex was continued to June 6, 2002, and that the other three items were approved. Specifically, Planning Director Temple stated that the Planning Commission approved a paint spray booth at the Newport Harbor Shipyard and an amendment to a variance at 1201 Kings Road. She stated that the Planning Commission also reviewed the proposed 2002 -2003 Capital Improvement Program (CIP), and noted that the review is required by City Charter and State Planning Law, to determine the consistency of the CIP with the General Plan. Planning Director Temple stated that the Planning Commission found that the CIP is consistent. Volume 55 - Page 159 INDEX' Planning (68) City of Newport Beach City Council Minutes May 14, 2002 N. PUBLIC HEARINGS 19. PUBLIC HEARING — REVOCATION OF MOORING PERMITS. Mayor Ridgeway noted that Mooring Permit C -11 is being continued to May 28, 2002. Assistant City Manager Kiff stated that the City Council routinely considers the revocation of mooring permits after the City has mailed two notices to the mooring permit holder and a public hearing has been held. He stated that the boat at Mooring A -255 has not been proven to be seaworthy and operable. Mayor Pro Tem Bromberg asked if it normal for the owner to have to prove seaworthiness or if the City is supposed to prove otherwise. Assistant City Manager Mff stated that, typically, the Harbor Patrol will attempt to contact a boat owner when there is an allegation that a boat appears not to be seaworthy. He stated that a boat owner who receives such a notice needs to take the boat to the Harbor Patrol facility where it will be inspected. Mayor Ridgeway stated that the report did not include the factual basis for recommending a revocation of Mooring Permit A -255. Assistant City Manager Kiff stated that the holder was given notice to prove seaworthiness and has not done so, so it is assumed that the boat is not seaworthy. City Attorney Burnham stated the normal procedure is to determine that a boat is not seaworthy as outlined by Assistant City Manager Kiff but that, in this case, possibly more information should be provided as to why the initial notice was sent to the boat owner. City Attorney Burnham recommended that both items be continued to May 2S, 2002. Council Member Adams asked if it is being considered to have the new' Harbor Commission handle the revocation of mooring permits. Assistant City Manager Kiff stated that staff is proposing that the Harbor Commission have the authority to revoke mooring permits with the City Council handling appeals. Mayor Ridgeway opened the public hearing. Joe King, P. O. Box 5903, Mooring A -255 occupant, stated that he had a fire on his boat over a year ago, has spent approximately $60,000 and received the notice from the Harbor Patrol two weeks after removing the motor. He asked for a continuance of the revocation decision, as the boat should be running within the next couple of weeks. City Manager Bludau suggested that the revocation hearing be continued to June 11, 2002. Matthew Tonkovich, court appointed attorney for receiver E. Paul Tonkovich, stated that he is attending the current meeting for the discussion of Mooring Permit C -11, held by Henry Fernandez. Volume 55 - Page 160 INDEX Revocation of Mooring Permits (51) City of Newport Beach City Council Minutes May 14, 2002 W Q Mayor Ridgeway confirmed that Mr. Tonkovich is attempting to make a claim on the boat. Mr. Tonkovich stated that the receiver steps in as the position of Henry Fernandez. Additionally, he asked that the item be continued for thirty days to give them time to get more court orders and clarification. Motion by Council Member O'Neil to continue the item to June 11, 2002. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Glover, Proctor CONTINUED BUSINESS 20. APPEAL OF A STAFF DENIAL FOR STRUCTURAL ENCROACHMENTS WITHIN THE PUBLIC RIGHT -OF -WAY ADJACENT TO 2100 W. OCEAN FRONT (N2002 -0035) (contd. from 3/26/02). Mayor Ridgeway announced that the item has been continued to May 28, 2002. 21. BROWN DUPLEX (PA2001 -173) — 405 DAHLIA AVENUE — APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A FINDING OF SUBSTANTIAL CONFORMANCE RELATED TO A PREVIOUSLY APPROVED PROJECT [Applicant — Jeffrey Brown, property owner]. Planning Director Temple stated that a couple of months ago, the Planning Commission approved a variance at 405 Dahlia Avenue, which included a garage arrangement accessed from a proposed common access easement with an adjoining property owner. Subsequent to the approval, the owner of 405 Dahlia Avenue was unable to finalize the agreement with the adjoining property owner, which meant that the garages had to be reoriented. Due to the significance of the change, the item was brought back before the Planning Commission for a determination of substantial conformance. Planning Director Temple stated that due to the loss of on- street parking and the changed arrangement, the Planning Commission denied the request. Council Member O'Neil stated that he has reviewed the project and the staff report, and understands the situation. He stated that he also met with the applicant at the property and believes that the City Council can make a finding of substantial conformance. He added that it is unfortunate that the neighbors haven't come to agreement on a Volume 55 - Page 161 INDEX EPN2002 -0035 Structural Encroachments/ 2100 W. Ocean Front (65) PA2001 -173 Brown Duplex/ 405 Dahlia Ave (68) City of Newport Beach City Council Minutes May 14, 2002 reciprocal access easement, but possibly it could still be done. Motion by Council Member O'Neil to approve the applicant's request with the modified conditions of approval as recommended by staff. Planning Director Temple noted that the motion includes the three amended conditions as listed in the staff report. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Glover, Proctor Q. MOTION FOR RECONSIDERATION — None. R. ADJOURNMENT — 8:17 p.m. The agenda for the Regular Meeting was posted on May 8, 2002, 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 55 - Page 162 ` l�113