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HomeMy WebLinkAbout01 - Minutes - 04-12-2005April 26, 2005 Agenda Item No CITY OF NEWPORT BEACH City Council Minutes Study Session April 12, 2005 - 4:00 p.m. ROLL CALL Present: Rosansky, Webb, Ridgeway, Daigle, Nichols (arrived at 4:05 p.m ). Mayor Bromberg Absent: Heffernan (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR - None. 2. JUNIOR LIFEGUARD PROGRAM REPORT. City Manager Bludau reported that this item is being discussed because the Junior Lifeguard Program was closed to non - residents about a month ago since there were 1.207 Newport Beach participants in the program. Lifeguard Captain Boyer utilized a PowerPoint presentation and displayed a photo from 1984 when there were 50 participants and from 2004 when there were 1.200 participants. She reported that, from the 1984 class, ten people are currently ocean lifeguards, one is a fireman, and one is a paramedic for the City. She indicated that the Junior Lifeguard Program is an eight week, Monday to Thursday summer program; the morning session is from 9 am to noon and the afternoon session is from 1 pm to 4 pm; they meet at the south side of the Balboa Pier at the triple -wide trailer; participants are 9 to 15 years old; they learn about ocean safety; and all the instructors are Newport Beach ocean lifeguards who have at least two years of tower lifeguard experience and passed an interview and background check. She indicated that many of the instructors are college students, teachers, and principals /vice principals. She believed that their program is so successful because safety is their #1, #2, and #3 priorities to have a quality program. She reviewed the yearly calendar and reported that the participants are required to pass a swim test every year which consists of swimming 100 yards in a pool within a certain time depending on their age and treading in the pool for three minutes. She noted that the participants have seven test dates in which they could pass the test and there are 35 to 38 lifeguards on duty to make sure the testing is safe. Captain Boyer explained that, once someone passes the test, the registration process is explained orally and provided in writing at the swim test. She reported that registration for City residents lasts two weeks prior to open enrollment to non - residents, and noted that this policy was set by Council in 1999. She indicated that they verify three forms of residency identification in order to register. She noted that no P.O. boxes or business addresses are accepted, only a parent or guardian can register for the child, and residency is considered where the participant lives. She reported that, after open registration, there is one week for non - resident enrollment if there is space available. She stated that payment is required in full at the time of registration and they also select their uniform. Captain Boyer reported that from 1954 to 1997, the program grew from 50 to 1,000 participants; and. from 1998 to 2005, the program was expanded to have Volume 57 - Page 151 INDEX (100 -2005) City of Newport Beach Study Session Minutes April 12, 2005 INDEX 1,200 participants. She noted that the number of kids passing the swim test has been consistently around 1,300, but 1,523 kids passed the test this year. She reported that the program costs $495 for residents and $575 for non - residents. She stated that, in 2003, there were 216 open enrollment spaces available and, in 2004, there were 185 spaces; however, in 2005, there were no spaces available, Captain Boyer reported that the program this year is full with 1,207 participants at the completion of Newport Beach registration; every resident that registered on time is currently enrolled in the 2005 program; and having a maximum number for participation is for the safety of the junior lifeguards. She pointed out that, since there are very few drop -outs, they decided not to have a waiting list and cancelled open enrollment due to lack of space. Captain Boyer reviewed questions and answers that have been brought up recently. She indicated that they could conduct the 2005 program for the 1,200 Newport Beach participants as planned which maintains the safety and quality of the program or they could add the 100 to 200 non - resident participants; however, she believed there would be safety and quality concerns, they would not be able to get the same uniforms for them prior to the start of the program, additional staff and equipment would be needed, and this affects beach operations. Captain Boyer indicated that options for the future of the Junior Lifeguard Program include remaining the same; privatizing, but this is not recommended; adding space short term, but reiterated the safety and quality concerns; or adding satellite locations which would maintain the safety and quality of the program. She stated that programs could be located at the Balboa Pier, Newport Pier, and either Corona del Mar or Crystal Cove. She believed that this could initially accommodate about 1,600 participants with room for growth at every location. She pointed out that a satellite program would create additional expenses, require personnel changes, and most likely increase program fees to offset the new costs. Captain Boyer displayed photos of children participating in the program and of the 2004 Monster Mile Event. She reported that the summer culmination activity is the junior lifeguard graduation where all 1,200 participants are honored for their accomplishments. In response to Council questions, Chief Riley confirmed that any fee -based program is designed to offset costs and that the law states that they cannot make any money from fee -based programs. Captain Boyer indicated that they cannot let someone register if they only have one or two proof of residency forms since they require three. She stated that, if they're missing proof of residency, they generally leave and return with the necessary proof. Chief Riley reported that the triple -wide trailer is not in great shape, is a rental trailer, and will probably need to be replaced soon, but the space adequately serves their needs. He noted that all the instructors and 1,200 kids use the trailer and the equipment is stored there. He pointed out that they will need to fill more Junior Lifeguard Instructor spots this year than they have in the past and also evaluate what the impacts of changing the program would be on the quality of instructors and on beach operations. He reported that they want to look at this year's program to get an idea about whether the program can or cannot be expanded, and possibly come back in October with a recommendation. Chief Riley stated that, if they put a trailer at Newport Pier, it would be a smaller trailer to accommodate equipment and small offices, and noted that they couldn't use the Lifeguard Headquarters because it would impact beach operations. He indicated that they could possibly Volume 57 - Page 152 City of Newport Beach Study Session Minutes April 12, 2005 use Newport Elementary School instead of the pier, but emphasized that they're just formulating ideas at this time. Chief Riley stated that they thought they had a little time before this type of situation happened, noting that the non - residency enrollment went from 185 to 0 in one year. He indicated that they may be able to increase the size of the program if they increase the size of the afternoon session; however, some of the morning session instructors are assigned ancillary duties in the afternoon, like working on the Monster Mile, the regional and national junior guard competition, graduation, etc. In response to Mayor Pro Tem Webb's questions, Captain Boyer believed that each of the three satellite locations would grow into their own identity, even though there would still be one Junior Lifeguard Program. She explained that graduation and social activities would be at one location for everyone, but events like the Monster Mile would only be for the Balboa Pier participants due to safety and the other locations would create their own events. Regarding the beach in front of the elementary school, Chief Riley indicated that its steep and there are onshore breaks from there to Balboa Pier, so they're already learning in that environment. Jamie Arnold stated that she lives in Costa Mesa and that her granddaughter and a lot of her friends are very disappointed not. to be availed of the program this year. She asked if the annexation of Newport Coast and Santa Ana Heights have made an impact on the number of children in the program. Council Member Ridgeway stated that he agrees with evaluating the program after this summer. He indicated that the City cannot afford to have any type of accident or safety issue if it tried to quickly modify the program for this summer. Council Member Rosansky agreed that safety is of paramount importance. He believed that the program should be expanded next year because the City has a valuable resource and should share it with children from neighboring cities. Mayor Bromberg stated that this was a good presentation and that he appreciated the questions and answers because those are the questions that people ask Council. He noted that. Newport Coast and Santa Ana Heights had already been annexed last year so they weren't factors. He stated that he knows a lot of Costa Mesa families whose kids weren't let into the program, even though they've participated for years. Council Member Ridgeway stated that he also knows many Costa Mesa parents and it is very difficult for the kids, especially if they're in the final years of the program. He indicated that he hopes the City can try to accommodate them, but not at the expense of safety and quality. He stated that his preference is to pursue using Newport Elementary School rather than the Newport Pier. In response to Council Member Nichols' question, Captain Boyer stated that there would probably be about 300 more participants this year and that their program traditionally consists of half new and half returning participants. 3. DESIGN OF SANTA ANA HEIGHTS FIRE STATION/ TRAINING TOWER. Chief Riley reported that the fire station will be located in Santa Ana Heights on the corner of Mesa and Acacia Drive. He stated that they've been working with RRM Design Group to look at the needs and design considerations, and have also been working with the Santa Ana Heights Project Area Committee (PAC) and its Volume 57 - Page 153 INDEX (100 -2005) City of Newport Beach Study Session Minutes April 12, 2005 INDEX Design Development Subcommittee. He noted that the PAC gave its unanimous support of the project and design of the fire station. In designing the fire station, Chief Riley indicated that they requested that RRM use an acre of the land for the fire station and an acre for the training tower; build a fire station that can accommodate two companies and up to eight people; make the building last 50 years; be sensitive to the environment and water quality; and reflect the pride of the community. He stated that RRM is in San Juan Capistrano and that in attendance is Project Architect Don Iler and Project Manager Rubio Medina. Don Iler, RRM Design Group, utilized a PowerPoint presentation and displayed the site plan. He noted that there is a grade difference along Mesa Drive to about halfway into Acacia, so they adjusted the access points further along Acacia. He stated that the burn tower will be tucked in the corner of the lot and pointed out where public parking and the training classroom /community room are located on the site. He stated that they didn't want to put a public entrance on Mesa Drive because of the grade differences and the speed, traffic, and visibility issues. Chief Riley added that the City traffic engineer discouraged putting even limited access on Mesa Drive because of the traffic patterns and speed, the visibility around that curb, and the grade separation. Mr. Iler reported that the fire station will consist of a community /training entry with restrooms; training classroom /community room with storage; apparatus bays; a storage room, turnout room, and decontamination room; crew restrooms, lockers, and dormitories; a telecommunications room; janitor room; workout room; kitchen, dining, and day area; electrical room; and a patio. He indicated that the entire fire station is about 11,300 square feet, the training wing is about 3,500 square feet, and the classroom is about 1,200 square feet. Mr. Iler displayed a burn/drill tower from Rancho Santa Fe that is a pre - engineered, pre - designed building. He indicated that a separate contractor will be responsible for erecting the tower. Mr. Iler noted that the roots of Santa Ana Heights is equestrian. He displayed the exterior elevations and artist rendering, and indicated that they're also thinking about putting up split rail fences, a monument sign, and entry elements off the patio area. He indicated that each fire station should look different than any other station and emphasized that designing fire stations is all RRM does. He reported that the fire station is an "essential facility" which means that it has to stand up in earthquakes when other buildings don't. He indicated that they picked materials that will last, noting that the metal roof will last 75 years without maintenance and the manufactured cultured stone will need no maintenance. Chief Riley believed that, after design approval, the construction documents will be completed in October 2005, they will generate an RFP and award the contract by the end of 2005, and the fire station will be opened in December 2006. He reported that the fire station will cost about $3,208,000; the fire station site improvements will be about $1 million: the furnishings and fixtures will be about $136,000; the training facility construction will be about $635,000; and the training site improvements will be about $853.000. He stated that the total project will cost about $5,995,000. He noted that the County Redevelopment Agency has committed $1.6 million, the current budget has $635,000 set aside for training delivery, and there is $350,000 in bond proceeds that are being shared with Santa Ana College. He stated that everything beyond this the City would pay for until it receives the rest of the redevelopment agency money from the Volume 57 - Page 154 City of Newport Beach Study Session Minutes April 12, 2005 County in order to pay itself back. INDEX In response to Council Member Ridgeway's questions, City Manager Bludau indicated that the fire station is a qualified project for redevelopment agency funding regardless if the City annexes the rest of the redevelopment area. He confirmed that it is the City's intent to get control of the redevelopment agency. Chief Riley indicated that they have a legal opinion that allows the City to repay itself once it receives redevelopment money. Council Member Ridgeway noted that this project is a benefit and amenity to that community that they've been lacking. City Manager Bludau noted that the fire station and the YMCA are the two major redevelopment projects that the community has been looking forward to for a long time. He stated that there is quite a bit of money that is unallocated in the redevelopment agency which will keep coming in for a number of years. Council Member Daigle stated that she appreciated the outreach done with the community and that there is a high level of community acceptance for this project. She indicated that Santa Ana Heights recognizes that the City has staff that has the ability to implement projects. Regarding the YMCA, she reported that there is .a County - overlay in terms of funding. She added that Supervisor Silva has told the Board of Supervisors that he envisions that the YMCA will be a 50,000 square foot regional recreation center with aquatics components because most of the parks and facilities are going into South County. She noted that. since the contract was authorized, construction costs have risen and Supervisor Silva is willing to obtain more funding for the City. She clarified that the redevelopment agency would develop and fund the project, but the City would assume ownership of the land and the community center. In response to Council Member Rosansky's questions, Chief Riley stated that a majority of the Fire Department classroom training will occur during the day, so community access will be available in the evenings. He indicated that the public can call and make arrangements to use the mom. He indicated that the number of people attending will dictate the type of access controls they will have. He reported that the meeting room can hold 85 people in theater -style seating and 35 in classroom seating. He noted that the Council Chambers conference room, the Friends Room at the Central Library, and the Fire Department conference room are always busy and undersized. Mayor Pro Tem Webb asked if it was possible to get more redevelopment money from the County to fund more of the project now rather than later. City Manager Bludau stated that Supervisor Silva is reluctant to go back to the Board because there are some members who don't hold redevelopment agencies in high regard. Further. Supervisor Silva is worried that opening this issue and discussions about the agreements that are already in place with the City could create ramifications. He indicated that the County understands that construction costs have gone up considerably. He added that the sphere issues related to the redevelopment agency might be resolved by the end of this calendar year. Council Member Ridgeway- asked if things would go easier if the remainder of Santa Ana Heights were annexed. City Manager Bludau stated that annexation alone does not take the redevelopment agency from the County, but a transfer is needed and then the City would become the redevelopment agency. City Manager Bludau confirmed for Council Member Nichols that the fire station and -%RICA are supposed to serve the entire Santa Ana Heights community. Volume 57 - Page 155 City of Newport Beach Study Session Minutes April 12, 2005 Council Member Daigle reiterated that Supervisor Silva wants the YMCA to be a regional recreation center and the funding will be in excess of $15 million. She added that the City will assume ownership of the land and the improvements. 4. BUSINESS LICENSE DATA GATHERING. Revenue Manager Everroad utilized a PowerPoint presentation and reported that the Revenue Division maintains a number of databases that have information that is confidential either in its entirety or in part. He reported that Revenue and Taxation Code §7056, 19542, and 19552 require limited access to municipality business tax officials. He indicated that only he and two license inspectors have access to this data in the City and added that they are required to execute and maintain confidentiality statements that basically state that the data is only to be used in the performance of their official duties, there will be no disclosure or discussion of confidential information with anyone other than those authorized to access the data, the data must be maintained only in approved work locations, and FTB files are to be destroyed annually. He stated that there are safeguard audits performed by the FTB Disclosure Office to ensure compliance and noted that the City assisted the Disclosure Office in developing the questionnaire for California cities that access FTB data. He added that unauthorized inspection or disclosure of FTB data is a felony. Revenue Manager Everroad stated that cities have authorization to obtain FTB data exclusively for city tax purposes (Revenue and Taxation Code §19551.1) and Newport Beach is 1 of 89 cities currently using this data for business tax compliance purposes. Further. State law limits what information FTB can provide cities about taxpayers who have reported business income or expenses using a Newport Beach address. He clarified that the information includes the taxpayer's name, address, identification number, and principal business activity code. He reported that the program is new and only 2001 and 2003 tax years are provided to municipalities. Revenue Manager Everroad indicated that the City received about 15,000 records in the 2001 data from FTB and discovered that about half of those were not in the City's business tax record. He noted that there were 19,000 records in the 2003 data, but the City only needed to contact about 6,000 accounts regarding business license requirements. He reported that, of the notices mailed, 39% were dismissed, 20% secured the required business license, 21% responded but are pending, and 20% needed to be noticed. He reviewed Newport Beach Municipal Code (NBMC) §5.04.040 and Business and Professions Code §16300. He clarified that, for a commercially -based business that maintains a seller's permit, the business license base rate is $128 plus a $6 per employee charge. Revenue Manager Everroad stated that the City taxes almost all businesses and regulates a few of them, i.e. massage establishments. He indicated that the business tax is not a regulatory exercise and is solely for the purpose of generating revenue. He stated that the State, not the City, regulates real estate businesses and requires that there be a written agreement that explains the nature of the relationship between the broker and salespeople operating under the broker's license. He clarified that, if the real estate broker represents to the City that the individual salespeople are employees, then the broker is taxed per employee. He stated that, when the broker files a return with the FTB representing that they are a business based in Newport Beach and they represented that they don't have any employees, the City's assumption is that the salesperson is a separate Volume 57 - Page 156 INDEX (100 -2005) City of Newport Beach Study Session Minutes April 12, 2005 INDEX business from the broker and, therefore, subject to a business license. In response to Council Member Nichols' questions, Revenue Manager Everroad indicated that the two License Inspectors act on 16,000 leads every year. He stated that if a company, like Avon, identified individuals who are distributing and taking orders as an employee, the City would apply the $6 per employee charge. However, if the individual distributor represented to the FTB or State Board of Equalization that they're an individual seller, the City would apply the business license to them. He reported that they are very rarely made aware of those kinds of individuals. Council Member Nichols asked how the City: handles an employee that's treated as a contractor. Revenue Manager Everroad stated that, if the employer compensates the individual as a W -2 employee, the employee isn't subject to the business tax. However, if the employer elects'to compensate the individual on a 1099, represents to the FTB and the Internal Revenue Service (IRS) that the person isn't an employee, and the employee files with the IRS or FTB as a business entity, then the employee is subject to the license requirement. Revenue Manager Everroad reviewed the slide of the appeals process and noted that there is no charge for an appeals hearing. He stated that its through this process that they gather additional information to determine if it's a business, the nature of the business, and whether it's significant. Council Member Ridgeway asked what happens when a brokerage company conducts trades with his children's trust and he files a tax return for his children. He asked if the City will see him as a business since he's overseeing the management of those investment funds that he actually delegates to a third party. Revenue Manager Everroad stated that they have discovered that people who have created trusts or some other investment account were filing partnership returns with the FTB. He indicated that the only business aspect of the trusts is the management of the accounts and the City is not subjecting those to business license requirements. Council Member Ridgeway noted that every LLC that forms in California has a presumption that they're a business in the City. Revenue Manager Everroad clarified that LLC information comes from the Secretary of State. However, if the LLC reports business income or expenses to the FTB, they will be listed on the FTB data. He stated that reporting business income or expenses is better evidence of business conduct than if they were only maintaining the LLC. Mayor Pro Tern Webb asked how investment clubs are handled. Revenue Manager Everroad indicated that they have found that there is oftentimes misfiling of tax returns with the FTB. However, when the investment club consciously files a tax return with the FTB as an investment partnership instead of an investment club, that becomes one of the distinguishing characteristics. Council Member Daigle asked about the safeguards the City has with regard to people's identities on the internet. Revenue Manager Everroad indicated that they collect 29 fields of data in the business tax registration process that are confidential. He stated that the business information on the internet only contains the business license name, address, mailing address, type of business, start date, etc. that are deemed non - confidential by the NBMC. Council Member Nichols stated that his kids work for him, have their own insurance, and make business filings because they received money from him. He Volume 57 - Page 157 City of Newport Beach Study Session Minutes April 12, 2005 asked if his kids are now required to have a business license. Revenue Manager Everroad clarified that the manner in which the kids report the income and he reports expenses may dictate how the FTB identifies whether that was a business or an employee wage that was earned. He likened this to people paying children on a 1099 for babysitting and then the babysitter files a tax return reporting that business income. He indicated that the City won't impose a business license on the babysitter that has incidental business conduct in the City. However, if the babysitter filed a fictitious business name statement, becomes a corporation with the Secretary of State, has a seller's permit, is a member of the Chamber of Commerce, registers with the utility billing system as a business entity, and files an FTB statement as a business entity, the babysitter will be higher on the investigation list. He emphasized that the City does not act on a single field of information, but takes the 11,000 annual tax filings and compiles and overlays all the information they receive from the FTB, sales tax registration, the State Board of Equalization. the Department of Corporations, and information they gather in the field and from commercial lessees. Council Member Ridgeway asked what the recommendation is for the people writing letters to Council. Revenue Manager Everroad stated that the simplest thing to do is to have them contact him. He indicated that there's not enough awareness about the appeals and review process, and that the ultimate determination is not made by a City employee. He reiterated that about 80% of these people will not be held subject to the business license requirement, but they need to bear with the City because there's a lot of data to process. He indicated that Council will probably get fewer calls next year because they will be better at identifying the targets. PUBLIC COMMENTS — None. ADJOURNMENT — at 6:00 p.m. to Closed Session to conference with legal counsel regarding litigation and to conference with the City's real property negotiator. xxxxx�rrxxxxxxxxxxxyrxxxxxxttttt The agenda for the Study Session was posted on April 6, 2005, at 1:55 pxn on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 57 - Page 158 INDEX CITY OF NEWPORT BEACH City Council Minutes DRAFT Regular Meeting April 12, 2005 - 7:00 p.m. INDEX STUDY SESSION - 4:00 p.m. CLOSED SESSION - 6:00 p.m A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Absent: Heffernan (excused) C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Webb E. INVOCATION - The Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal Parish Church F. PRESENTATIONS Donate Life Month Proclamation. Mayor Bromberg presented a proclamation proclaiming April, 2005 as Donate Life Month to Alec Loraimore, who accepted the proclamation on behalf of the OneLegacy Transplant Donor Network. Mr. Loraimore stated that OneLegacy is the Federally designated organ procurement organization for Southern California, and he shared his personal story. He encouraged everyone to participate in the Donate Life RunlWalk being held on April 23, 2005, in Fullerton, and stated that the proceeds will go towards getting the message out about organ donation. Additional information can be obtained on the organization's website at www.donatelifecalifornia.org. Leadership Tomorrow Class of 2005 Project. Recreation Manager Matt Lohr stated that he and City Clerk LaVonne Harkless are both participants in the Leadership Tomorrow Class of 2005. He stated that Leadership Tomorrow was founded on the belief that the more knowledgeable people are about their community, how it works and what the needs are, the better they will be able to lead and serve the community. Each Leadership Tomorrow class selects a project and the project selected by the Class of 2005 is to build a library for Harper Preschool. Mr. Lohr stated that the community can assist with the project by donating books or money, or volunteering to help set up the library. More information can be obtained by calling the City Clerk's Office at (949)644.3007 or the Recreation Office at (949)644 -3164. G. NOTICE TO THE PUBLIC Volume 57 - Page 159 City of Newport Beach City Council Minutes April 12, 2005 INDEX H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Rosansky announced that on April 27, 2005, at 7:00 p.m. in the Council Chambers, the West Newport residents will meet to begin a process to determine what direction West Newport should take. He encouraged the public to attend. Mayor Pro Tem Webb announced that during the construction of the San Joaquin and Eastern/Foothill transportation corridors, approximately 2100 acres of native habitats were created. During the months of April and May, 2005, tours will be given of these areas. He highlighted the tours at the Bonita Creek wetlands area that would be given on May Th, and include a bird watching tour at 6:00 a.m. and a restoration tour at 9:00 a.m. Additional information can be obtained by calling the Transportation Corridor Agency (TCA) at (949)754 -3405. Council Member Daigle announced that the Russian National Orchestra Wind Quintet will be performing "Peter and the Wolf' on August 2, 2005, at Grant Howald Park. She noted that the performance won a Grammy in 2004. Council Member Daigle announced that the restriping on Eastbluff Drive, which provides an additional lane out of Eastbluff, has been completed. Other changes are also being considered to improve the traffic flow around Corona del Mar High School. Council Member Daigle noted that she received a tour of her district by the traffic engineer and requested that the Orange County Transportation Authority (OCTA) provide a presentation to the City on the Measure M funds. • Council Member Rosansky stated that OCTA may be making a presentation at the Economic Development Committee (EDC) meeting on April 20, 2005. • Council Member Nichols stated that he appropriated the funds for the installation of a transformer at Grant Howald Park the prior year. He requested that it be confirmed if this was completed, as it would be providing the power source for the orchestra performance previously announced by Council Member Daigle. • Council Member Nichols announced that there is now enough water behind the Seven Oaks Dam. Testing was conducted and as a result, water is being released. He stated that the flood control situation needs to be taken care of so that the groundwater basin can again be replenished. He stressed the importance of this being done as soon as possible. • Mayor Bromberg announced that the 41h Annual Newport Beach Relay for Life event would be taking place from 6:00 p.m. on Mav 13, 2005, to 6:00 p.m, on May 14, 2005, at Newport Harbor High School. He stated that it is an awareness and fundraising event for cancer, and that $90,000 was Volume 57 - Page 160 City of Newport Beach City Council Minutes April 12, 2005 raised at the 2004 event. Mayor Bromberg stated that there are 40 to 45 teams participating this year, the public is welcome and more information can be obtained by calling his office at (949) 644 -2004. • Mayor Bromberg announced that on April 17, 2005, at 10:00 a.m., a team of riders will be at the Newport Pier as a part of the Peddling for the Cure event. He explained that the cyclists are biking from Los Angeles to Chicago with the goal of raising $100,000 for autism. • Mayor Bromberg requested that a future Study Session report provide information on the in lieu parking fee for developers. He explained that there was a moratorium placed on the requirement in 1988 or 1989, and that it needs to be addressed again due to the shortage of parking in the City. I. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOL UTIOA'S 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. RESOLUTIONS FOR ADOPTION 3. Item removed from the Consent Calendar by Council Member Nichols. CONTRACTS AND AGREEMENTS 4. Item removed from the Consent Calendar by Council Member Nichols. 5. 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3718). 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one year after Council acceptance. 6. Item removed from the Consent Calendar by Council Member Nichols. 7. CORPORATION YARD BUILDING W - AWARD OF CONTRACT (C- 3642). 1) Approve the plans and specifications: 2) award the contract (C -3642) to Horizons CCI Services, Inc. for the total bid price of $394,740 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $39,500 to cover the cost of unforeseen Volume 57 - Page 161 INDEX C -3718 2004 -2005 Sidewalk, Curb & Gutter Replacement Program (381100 -2005) C -3642 Corporation Yard Building W (381100 -2005) City of Newport Beach City Council Minutes April 12, 2005 construction expenses; and 4) approve a budget amendment (05BA -052) appropriating $289,397 from Unappropriated Internal Service Reserves into Account No. 7611- C6120725. 8. SUNSET RIDGE PARK — APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC. FOR MASTER PLAN SERVICES (C- 3766). Approve a Professional Services Agreement in the amount of $70,000 with RJM Design Group, Inc. and authorize the Mayor and the City Clerk to execute the agreement. MISCELLANEO US ACTIONS 9. Item removed from the Consent Calendar by a member of the audience. 10. BUDGET AMENDMENT — CALIFORNIA SEAT BELT COMPLIANCE CAMPAIGN PROGRAM — FISCAL YEAR 200412005. Approve a budget amendment (05BA -054) in the amount of $19,699 for the Police Department budget in Fiscal Year 2004/2005 to fund additional seat belt enforcement as a part of the California Seat Belt Compliance Program. 11. ADOPTION OF A PROGRAM FOR DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS FOR FEDERAL FISCAL YEAR 2004 -2005. 1) Approve the DBE Program for the City of Newport each for Federal Fiscal Year beginning October 1, 2004 and ending September 30, 2005; 2) authorize the Public Works Director to submit the approved DBE Program to Caltrans staff; and 3) designate Jessica Etezady, Administrative Manager, as the City's DBE Liaison Officer. 12. Item removed from the Consent Calendar by Council Member Nichols. 13. Item removed from the Consent Calendar by a member of the audience. 14. PUBLIC OUTREACH EFFORTS FOR THE CITY HALL, FIRE STATION AND PARKING LOT PROJECT. Receive and file. 15. APPOINTMENTS TO THE AD HOC COMMITTEE FOR REVISIONS TO THE ZONING CODE. Appoint the following persons to fill the Ad Hoc Committee for Revisions to the Zoning Code: Council Member Steven Rosansk7; Planning Commissioners Michael Toerge and Barry Eaton; Design Professionals Brion Jeanette and Michael Porter; and Public Members Ed Selich and Lloyd Ikerd. Motion by Mayor Pro Tern Webb to approve the Consent Calendar, except for those items removed (l, 3, 4, 6, 9, 12 and 13). The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Volume 57 - Page 162 INDEX C -3766 Sunset Ridge Park (38/100 -2005) (100 -2005) (100 -2005) (100 -2005) (100 -2005) City of Newport Beach City Council Minutes April 12, 2005 Noes: None Abstain: None Absent: Heffernan J. PUBLIC HEARINGS 16. GENERAL PLAN AMENDMENT (GP 2004 -010) — AMENDMENTS TO THE HOUSING ELEMENT (PA 2004 -235) Icontd. from 3/22/05). Assistant Planner Murillo stated that the Housing Element of the City's General Plan was adopted in August of 2003. Over the past year, Assistant Planner Murillo stated that he's discovered several discrepancies in the Housing Element that require revision for consistency and clarification purposes. He stated that staff is also using the opportunity to include a provision that would address the needs of moderate income households. Assistant Planner Murillo listed the five specific amendments being recommended, and as provided in the staff report. Council Member Daigle stated that there appears to be an unmet need in the community for senior housing in the low and very low income levels. She asked why the focus was being shifted to moderate income households. Assistant Planner Murillo stated that the State requires the Southern California Association of Governments (SCAG) to establish the regional housing needs allocation, which is broken down into very low, low, moderate and above moderate income groups. He explained that no moderate income units have been developed in the past five years. Council Member Daigle asked for more information on the moderate income housing provision being recommended. Assistant Planner Murillo explained that if a developer is proposing between one and ten units, an in -lieu fee must be paid. If between ten and fifty units are being proposed, the developer has the option of producing the very low or low income units or paying the in -lieu fee. The amendment would add moderate income units as an option, as well. Projects of fifty or more units, would still require that the units be provided. but again very low. low or moderate income units could be provided. Off site construction of the units is permissible. In response to Council Member Daigle's additional question, Assistant City Manager Wood stated that the three categories of development eliminate the need for the City to monitor smaller projects throughout the City, since developers of ten or fewer units aren't required to provide affordable housing units. Mayor Pro Tem Webb asked how a senior citizen signs up for affordable housing and how they qualify. Referring to the Bayview Landing affordable senior housing site, Assistant City Manager Wood stated that the developer is currently taking names for an interest list. When the project is closer to completion, applications will be sent out. Qualifications will include very low to low income levels and a 62 year age requirement. More information can be obtained by contacting the City or accessing the City's website. Volume 57 - Page 163 INDEX (100 -2005) City of Newport Beach City Council Minutes April 12, 2005 In response to Council Member Nichols' question, Assistant City Manager Wood stated that the amendments being proposed by staff would apply throughout the entire City. Council Member Nichols asked if the City of Beverly Hills has affordable housing requirements. Assistant City Manager Wood stated that every city and county in the State has the same requirements. Council Member Ridgeway added that the Regional Housing Needs Assessment (RHNA) is created every three years. Every city has a requirement from the State Housing and Community Development Department to provide certain housing. He stated that every city in Orange County is deficient. Mayor Bromberg added that there isn't a city in California that is in compliance, but that Newport Beach is doing better than most. Mayor Bromberg opened the public hearing. Hearing no testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Ridgeway to adopt Resolution No. 2005 -19 approving General Plan Amendment No. 2004 -010 The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: Nichols Abstain: None Absent: Heffernan 17. CODE AMENDMENT 2005 -003 - ELEVATION DATUM REFERENCE (PA 2005 -047). Planning Director Temple stated that the amendment is a housekeeping change to the zoning code regarding the datum reference point used for the establishment of certain flood plane standards for residential and commercial development. Similar changes are also being recommended in the next item on the agenda regarding amendments to the building and fire codes, and makes the City's data reference points consistent with those used by the Federal Emergency Management Agency (FEMA). Council Member Nichols asked if there is something hidden in the recommendation. Planning Director Temple responded in the negative and stated that it's just a reference point. Mayor Bromberg opened the public hearing. Hearing no testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Ridgeway to introduce Ordinance No. 2005 -4 approving Code Amendment No. 2005 -003 and pass to second reading on April 26, 2005. Volume 57 - Page 164 INDEX 1 (100 -2005) City of Newport Beach City Council Minutes April 12, 2005 The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan 18. AMENDMENTS TO THE NEWPORT BEACH FIRE AND BUILDING CODES. Building Director Elbettar stated that the amendments were discussed in detail at the Study Session on February 22, 2005, and that the concerns of Council Member Daigle raised at that meeting regarding fences were discussed by staff. It was decided that adding a reference in Title 20 would address this concern. The concern of Council Member Rosansky regarding the delivery of Residential Building Records (RBR's) is still being researched by staff and has been removed from the proposed ordinance. In response to Council Member Nichols' question, Building Director Elbettar stated that the proposed amendment does not allow or disallow fences, it only exempts certain types of fences constructed of wood and wrought iron from certain requirements when they're less than six feet in height. He further explained that concrete and masonry fences will still require a permit because they represent a safety issue and in addition, they're hard to remove if they're built in the wrong place. Council Member Nichols confirmed that the amendments have no effect on the zoning requirements. Council Member Ridgeway asked for more information on the requirements for roof construction. Building Director Elbettar stated that they apply to new construction and require that Class A assembly be used. If 50% or less of a roof is being replaced, Class B materials can be used. If 50% or more of the roof is being replaced, Class A covering is required. Council Member Ridgeway asked if the new Class A products are the same weight as the wood shingles. Building Director Elbettar stated that the roofing industry has responded to the requirements and developed products that look like clay and concrete tiles. In addition, the Building Department would work with customers on weight limits. Council Member Daigle asked if the proposed revisions would have any impact on Buck Gully. Fire Marshal Lockard stated that the proposed amendments are already in the Fire Code, but not in the Building Code. Council Member Daigle confirmed that any amendments to the fuel modification plan would come before the City Council. Mayor Bromberg opened the public hearing. Jim Hildreth stated that there's a discrepancy in what has been stated verbally at the current meeting and what is written in the staff report. He specifically noted the information contained in Section 425.5.6.2 and Volume 57 - Page 165 INDEX (100 -2005) City of Newport Beach City Council Minutes April 12, 2005 stated that it adversely affects those with older homes. Hearing no further testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Ridgeway to introduce Ordinance No. 2005 -5 and pass to second reading on April 26, 2005 The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan 19. COMMUNITY DEVELOPMENT BLOCK GRANT FISCAL YEAR 2005 -2009 CONSOLIDATED PLAN AND 2005 -2006 ONE -YEAR ACTION PLAN. City Manager Bludau stated that staff is requesting that the item be continued to the City Council meeting of May 10, 2005. Mayor Bromberg opened the public hearing. Motion by Mayor Pro Tern Webb to continue CDBG Consolidated Plan and One -Year Action Plan public hearing until May 10. 2005. The motion carried by the following roll call vote: Ayes: Rosansky, Webb. Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan K. PUBLIC COMMENTS • Louise Fundenberg. President of the Central Newport Beach Community Association, asked the City Council to consider restricting the use of Segways on the boardwalk. and to enforce the current restrictions on surreys and scooters. Council Member Ridgeway stated that he's been working with the City Manager and the Police Chief on the issue. He requested that a future Study Session address the boardwalk and enforcement of illegal uses. City Manager Bludau confirmed that the issue would be agendized for the April 26, 2005, Study Session. Ms. Fundenberg additionally requested that the businesses who rent the surreys and pedicabs be required to comply with Newport Beach Municipal Code (NBMC) Section 12.56.040(B). which requires that they inform renters, in writing, of the restricted use of surreys and pedicabs on the boardwalk. Lastly. Ms. Fundenberg requested that the bicycle restriction on Buena Vista be enforced. Volume 57 - Page 166 INDEX (100 -2005) City of Newport Beach City Council Minutes April 12, 2005 INDEX Mayor Bromberg requested that other areas in the City, such as Balboa Island, also be included in the discussion at the Study Session. Mayor Pro Tom Webb requested that prohibiting surreys on the streets be considered. Council Member Rosansky additionally requested that the new mini -bikes be included in the discussion. Jim Hildreth stated that the City also considered safety when it installed the ladder at the southwest end of the Grand Canal. He stated that the City has decided to call the location assigned to J. M. Hildreth an onshore mooring. He asked if the City considers the Grand Canal navigable waters and therefore, the property of the State. Additionally, he stated that the City does not collect fees for the moorings in the Grand Canal, it collects fees for access to the Grand Canal. He stated that the City has shown, by installation of the ladder, that they are willing to address the access issue at that location. Mayor Bromberg requested that if the mooring that Mr. Hildreth is referring to is dangerous, moving it should be reconsidered. Gordon Breecher stated that there's a dangerous situation at the intersection of Jamboree Road and Bristol Street, and explained that it is difficult for drivers traveling in the eastbound lanes on Bristol Street to the northbound lanes on Jamboree Road to navigate the intersection. He requested that a safety engineer look into the matter. Council Member Daigle requested that the Public Works Director follow up on the comments made by Mr. Breecher. Brad White, Senior Southern California Representative for the California National Guard Association, stated that he is also the Chair of a Statewide campaign to mobilize California cities to help and support their own local military families and members. Mr. White stated that he is speaking at the current meeting regarding Eric Schlosser who is scheduled to speak at the Central Library. Mr. White stated that Mr. Schlosser has the right to express his freedoms, but that he disagrees with a public speaker who condones drugs and who will be mentoring local high school students. Mayor Bromberg informed Mr. White of the City's involvement with helping military families through the adoption of the 1st Battalion, 1st Marines out of Camp Pendleton. He encouraged Mr. White to contact him about setting up similar programs in other cities. Mr. White agreed and explained that his involvement with Mr. Schlosser came about as the result of a military family who contacted him with their concern for Mr. Schlosser's involvement with the local students. Council Member Ridgeway suggested that Mr. White's comments might be better directed at the Newport/Mesa Unified School Board. Volume 57 - Page 167 City of Newport Beach City Council Minutes April 12, 2005 Council Member Nichols thanked Mr. White for bringing the matter to the City's attention. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report - Ad Hoc General Plan Update Committee (GPUC). Mayor Bromberg announced that GPUC would be meeting April 25, May 2, 9 and 16, 2005, at 4:00 p.m. at the Central Library. Status report - Local Coastal Program (LCP) Certification Committee. Council Member Ridgeway reported that the LCP Committee met on April 11, 2005, and that the Land Use Program will be heard by the Coastal Commission in June. The implementation statutes are currently being worked on. The LCP Committee will meet again on May 3, 2005, at 3:00 p.m. at City Hall. He encouraged those interested in the coastal bluffs issue to attend the meeting. Status report - Newport Coast Advisory Committee (NCAC). Council Member Nichols reported that the NCAC has met a couple of times and that a compromise on the recreation center has been reached. Additionally, the committee requested that the parking and access issues at Newport Coast Elementary be presented to the committee. Status report - Mariners Joint Use Library Ad Hoc Steering Committee. Mayor Pro Tem Webb reported that the library construction is moving forward. Status report - City Centennial 2006 Committee. Mayor Pro Tem Webb reported that meetings are being held regularly and the centennial website is being updated. He encouraged those who would like to volunteer to access the website at www.new'DOrtbeachl00.com. Lastly, he announced that the City's application for a float in the 2006 Rose Bowl Parade has been accepted. Status report - City Council/Citizens Ad Hoc Committee for Marina Park Planning. Mayor Bromberg reported that the nest meeting of the committee would be held on April 19, 2005, at 4:00 p.m. in the Council Chambers. He encouraged the public to attend, and stated that future meetings would be held on the third Tuesday of every month at 4:00 p.m. Status report - City Council Ad Hoc Marina Park Advisory Committee. Council Member Ridgeway reported that the advisory committee would be holding its first meeting on April 13, 2005. Status report - Website Review Ad Hoc Committee. Council Member Daigle reported that the committee met and will be bringing an item to the City Council at the April 26, 2005, meeting to expand public access and enhance the City's website. Council Member Ridgeway added that the technology is exciting, and provides the ability to view and listen to City Council meetings on the City's website. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 20. PLANNING COMMISSION AGENDA FOR APRIL 7, 2005. Volume 57 - Page 168 INDEX (100 -2005) City of Newport Beach City Council Minutes April 12, 2005 Planning Director Temple reported that of the four items before the Planning Commission, one item was continued and another was withdrawn by the applicant. The item withdrawn was for a variance at the Jackson residence at 3631 Ocean Boulevard. The Planning Commission did consider and recommend for approval the code amendment to the elevation datum reference point. Lastly, the Planning Commission considered and approved a modification permit for the Espinoza condominium conversion at 329 Marguerite Avenue. N. CURRENT BUSINESS 21. APPROVAL OF A BANNER FOR THE ANNUAL BALBOA ISLAND ART WALK - ENCROACHMENT PERMIT N2005 -0117. City Manager Bludau stated that Council Policy L -16, Temporary Banners Extending Over Public Right -of -Way, prohibits the use of a commercial sponsor's name on a banner. He stated that it is up to the City Council to determine if this stipulation should be waived for this particular event. Mayor Bromberg noted that the event is in his district, but that he really has no opinion on the inclusion of sponsor names on the banner and is looking for input from the other council members. In response to Council Member Rosansky's question, it was determined that the City Council does not normally deviate from the policy. Mayor Bromberg stated that he was remiss in not announcing the event earlier in the current meeting, and noted that its taking place on May 7, 2005, on South Bay Front. He stated that it's a great event and he encouraged the public to attend. He stated that he is inclined not to deviate from the policy. Council Member Nichols expressed his opposition to the banner being placed in Corona del Mar. He asked if the Corona del Mar Business Improvement District (BID) or the Corona del Mar Chamber of Commerce were contacted about the placement. He stated that he doesn't feel it's appropriate and suggested that it be placed at the intersection of Jamboree Road and Coast Highway instead, which is also a very prominent location. Mayor Bromberg stated that he'd be surprised if residents and businesses in Corona del Mar objected to the banner being placed in Corona del Mar. City Manager Bludau additionally noted that it is being placed in the same location as the Film Festival and Corona del Mar 5K banners. Jim Hildreth suggested that the banners be placed in multiple locations. Motion by Mayor Pro Tem Webb to approve the request for the installation of a banner for the 11th Annual Balboa Island Art Walk with the six conditions for approval as listed in the staff report, but required there to be no sponsorship names or logos on the banner. Volume 57 - Page 169 INDEX (100 -2005) City of Newport Beach City Council Minutes April 12, 2005 The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: Nichols Abstain: None Absent: Heffernan 22. JAMBOREE ROAD /SR -73 OVERCROSSING — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING (C- 3724). Motion by Mavor Pro Tern Webb to 1) approve a budget amendment (05BA -053) transferring $375.483 from the Transportation and Circulation Fund Balance, 260 -3605, and appropriating the same amount in account 7261- C5100784; and 2) approve a Professional Services Agreement with RBF Consulting of Irvine for engineering, right of way, environmental, and construction engineering services for the widening of Jamboree Road (including the Caltrans bridge over SR -73) from MacArthur Boulevard to Bavview Way at a contract price of $923,483 and authorize the Mayor and the Citv Clerk to execute the agreement. Council Member Daigle requested that an overview of the project be presented. Public Works Director Badum stated that the project will involve widening the westerly portion of the Jamboree Road bridge over SR -73, which will add additional northbound and southbound lanes and improve the efficiency of the intersection. He noted that the flyover ramp discussed in previous years would not be a part of the project and has been determined as being unnecessary. In response to Council Member Nichols' question, Public Works Director Badum stated that the contract under consideration at the current meeting includes the design of the project and the required processing through the State. Council Member Nichols asked how one lane on a concrete bridge could cost so much. Public Works Director Badum added that the scope of work is included in the staff report and noted that when working with a State highway, there are additional requirements that have to be met. In addition, the right -of -way acquisitions that will be needed will require more effort. The motion carried by the following roll call vote Ayes: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan O. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 22, 2005. Volume 57 - Page 170 INDEX C -3724 Jamboree Road /SR -73 Overcrossing (33!100 -2005) City of Newport Beach City Council Minutes April 12, 2005 Jim Hildreth stated that some of his comments on page 145 of the regular meeting minutes, under Public Comments, were either incorrect or incomplete. He requested that the minutes be reviewed. Motion by Council Member Ridaeway to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote Ayes: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan 3. PEDESTRIAN CROSSING RESTRICTION ON RIDGE PARK ROAD. Council Member Nichols stated that the recommended action will put more cars in the shopping center parking lot, which will mean that more pedestrians will be crossing !Newport Coast Drive. He stated that it is better for the pedestrians to cross Ridge Park Road, which has fewer lanes and lower speeds. He noted that the City did not properly design the parking and access, and it has created a mess in the area. City Manager Bludau stated that the City had no involvement in the design of the school or Newport. Coast Drive. He stated that the school and the Parent Teachers Association (PTA) asked the City to cite pedestrians who try to cross Ridge Park Road outside of the crosswalk. Council Member Ridgeway noted that the matter is concerning jaywalking, not parking. The parking lot across Ridge Park Road can be used, but the pedestrians will need to walk down to the crosswalk and use it to get to the school. He stated that the school has asked the City to do this and he supports the action. Mayor Bromberg agreed that it is necessary, and the City is doing the best it can, given the situation. Council Member Nichols stated that the matter needs to include input from the Newport Coast Advisory Committee (NCAC) and not just the PTA. Motion by Mavor Pro Tern Webb to adopt Resolution No. 2005 -18 prohibiting pedestrians from crossing Ridge Park Road one hundred feet (100') either side of the centerline of the driveway to Newport Coast Elementary School. Jim Hildreth stated that the recommended action just seems like another way for the City to issue tickets and claim that it's not liable if anything happens. He stated that more direction should be given to the parents on what they can do, and not just on what they can't do. He additionally suggested that the speed limit on Ridge Park Road be enforced and possibly additional parking be offered. Volume 57 - Page 171 INDEX (100 -2005) City of Newport Beach City Council Minutes April 12, 2005 The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: Nichols Abstain: None Absent: Heffernan 4. NEWPORT COAST FLOW AND WATER QUALITY ASSESSMENT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS (C- 3748). Council Member Nichols asked that more information on the grant be provided. City Manager Bludau stated that the study will include Buck Gully, Morning Canyon, Pelican Point Canyon, Los Trancos, Muddy Creek and Morro Creek, and will be paid for by the Newport Coast Watershed Program grant. Public Works Director Badum added that the study will determine what kind of pollutants are in the watersheds and what their sources might be. Council Member Nichols confirmed that Newport Beach is a leader in water quality. Motion by Mayor Pro Tem Webb to 1) approve a budget. amendment (05BA -055) increasing the current year appropriation for the Newport Coast Watershed Program, Account No. 7251- C5100779 by $125,000; and 2) approve a Professional Services Agreement with Weston Solutions, Inc. of Carlsbad for flow and water quality assessment tasks in Buck Gully and other canyons in Newport Coast at a contract price of $374,890 and authorize the Mayor and the City Clerk to execute the agreement. The motion carried by the following roll call vote Ayes: Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: Nichols Abstain: None Absent: Heffernan 6. SOUTHBOUND MACARTHUR BOULEVARD AT COAST HIGHWAY MEDIAN MODIFICATION'S - REJECT BIDS FOR CONTRACT (C- 3750). Council Member Nichols asked for more information on the project Council Member Ridgeway stated that the action before the City Council at the current meeting is the rejection of the bid and that information on the project could have been obtained by contacting the Public Works Director prior to the meeting. Council Member Nichols stated that more information should have been provided in the staff report. Public Works Director Badum reported that the project includes modification of the existing median, north of the intersection, to allow vehicles to get into the left turn pocket without blocking the vehicles making a right turn. Volume 57 - Page 172 INDEX C -3748 Newport Coast Flow & Water Quality Assessment (38/100 -2005) C -3750 MacArthur Blvd. Median Modifications (38/100 -2005) City of Newport Beach City Council Minutes April 12, 2005 Motion by Council Member Ridxeway to reject the bids received for the Southbound MacArthur Boulevard at Coast Highway Median Modifications (C -3750) and authorize staff to re- advertise and re -bid the project. The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan 9. DECORATIVE CONCRETE PAVERS IN ALLEY — REVISION OF COUNCIL POLICY L -25. Jim Hildreth referred to the design for the pavers, as provided in the staff report, and expressed his disagreement with using sand and thinset. He stated that they present a safety hazard. Motion by Council Member Daigle to 1) adopt revised City Council Policy L -25 for Decorative Alley Pavement Program; and 2) adopt revised City STD - 144 -L, Interlocking Concrete Alley Pavers. Mayor Pro Tern Webb stated that the design is a standard and used industry wide. The motion carried by the following roll call vote Aves: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan 12. PARKING CITATION ISSUANCE HANDHELDS AND MANAGEMENTSOFTWARE. Council Member Nichols stated that the handhelds will allow the City to ticket more people, more quickly. He felt that ticketing is already being overdone and cited the example of an individual who was ticketed because he forgot to display his handicap placard, and still had to pay $33 after protesting the ticket. Motion by Council Member Ridgeway to authorize the purchase of handhelds from Enforcement Technology and the Automated Issuance/ Management System software from EDC. Jim Hildreth stated that the handhelds currently being used by the City do a good job and work just fine. He stated that he couldn't understand the reason for the upgrade or the need to spend the money. The motion carried by the following roll call vote: Volume 57 - Page 173 INDEX (100 -2005) (100 -2005) City of Newport Beach City Council Minutes April 12, 2005 Ayes: Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: None Abstain: Nichols Absent: Heffernan 13. RECLASSIFICATION OF CITY MANAGER'S OFFICE PART -TIME DEPARTMENT ASSISTANT TO FULL -TIME. Mayor Bromberg confirmed with City Manager Bludau that the position is the replacement position for Helen Wick, who recently passed away. Jim Hildreth stated that he was unaware of this and thought it was for a new position. He expressed his support for the recommended action. Motion by Council Member Ridgeway to approve reclassification of position from part -time to full -time Department Assistant. The motion carried by the following roll call vote Ayes: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan P. MOTION FOR RECONSIDERATION - None Q. ADJOURNMENT — at 9:02 p.m The agenda for the Regular Meeting was posted on April 6, 2005, at 1:55 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 57 - Page 174 INDEX (100 -2005)