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HomeMy WebLinkAbout01 - Minutes - 05-24-2005City Council Meeting June 14, 2005 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session R May 24, 2005 - 3:30 p.m DRAFT `AFT INDEX ROLL CALL Present: Heffernan (arrived at 4:33 p.m.), Rosansky, Ridgeway, Daigle, Nichols, Mayor Bromberg Absent: Webb (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Nichols stated that he would be pulling Item No. 3, Newport Lexus Automobile Dealership, and Item No. 9, Sunset Ridge Park, at the evening meeting, and that he has objections to the 75 -foot tower and the 50 -foot parking structure for the automobile dealership. 2. NEWPORT BEACH AND CONTRACTING OUT. Using a PowerPoint presentation, Assistant City Manager Kiff displayed the definitions of "privatize ", "outsource" and "contract out ". He explained that some cities, such as Newport Beach, are "full service" cities. Others are "contract" cities, which means that they rely on other agencies or private sector companies to provide essential services. Still other cities are somewhere in between the two, and even full service cities can vary in the services they provide. Most contract cities don't have a choice on whether some of their services are contracted out. Assistant City Manager Kiff displayed a chart showing a comparison of full service, contract and "in- between" cities in Orange County. He pointed out that in nearly all cases, the services that are contracted out are still performed by a government agency. He then displayed a list of the services provided by the City of Newport Beach that other cities may not provide and the size of the staffing for each of the services. He noted that of the 548 employees that provide these services, only 38 are located at City Hall, which speaks against contracting out to avoid building a new City Hall. Assistant City Manager Kiff stated that the Orange County League of Cities puts out an annual City Directory, which some in the community have referred to when making comparisons. It lists Newport Beach as having no major services contracted out. He explained that the 2006 directory will be corrected to list the sixteen services that Newport Beach does actually contract out for. He displayed the list and noted that it is more than any other city. He additionally pointed out that using the League's directory to draw general conclusions about contracting out isn't very useful, because the extent of the services isn't quantified. Volume 67 - Page 237 (100.2005) City of Newport Beach Study Session Minutes May 24, 2005 INDEX At the request of Council Member Ridgeway, Assistant City Manager Kiff read the list of the sixteen major services that the City contracts out for. The first on the list was trash pick -up and he explained that approximately 18% of the community receives residential trash collection from the private sector and all of the multi - family and commercial trash pick -up is contracted out. He continued with the list, which included specialized legal services, tree trimming, overflow building plan check, median and parkway landscape maintenance, park maintenance, building maintenance and custodial services, storm drain cleaning, investment management, municipal billing services, property management, oil field management, school crossing guards, animal shelter, alley sweeping and engineering services. In response to Council Member Rosansky's question, Assistant City Manager Kiff confirmed that grease trap inspections are outsourced, but that he doesn't consider them to be a major service so they weren't included on the list. They are included on a list of services by department. He then displayed this list of the services that the City contracts out for by department. It totaled 119 services. Assistant City Manager Kiff displayed a list of what is paid by the typical Newport Beach resident for City operations. He then displayed a list of what Newport Beach residents do not pay for that is paid for by residents in other cities, and pointed out that Newport Beach residents do not pay for some of the top rated services they receive. He further noted that Newport Beach residents get their services for a local tax burden that is in the midrange of the other Orange County cities. In response to Council Member Daigle's question, Assistant City Manager Kiff stated that the local tax burden is the total of those taxes that are administered locally. It does not include property taxes, which cities have no control over. In conclusion, he stated that the information presented at the current meeting will be available on the City's website. Council Member Daigle asked if the trend towards privatization is increasing the costs or decreasing the costs of government. City Manager Bludau stated that in some cases, the services cost more to contract out. Additionally, recent State legislation makes contracting out for certain services more expensive because prevailing wages must be paid. He stated that other services might cost less to contract out. Council Member Daigle asked if an increase in privatization results in a decrease in government administration. City Manager Bludau stated that in most cases, employees have not been lost when a service has been contracted out. In response to Council Member Nichols' question, City Manager Bludau stated that prevailing wages are established on a regional level and the State establishes those services that must be paid for at prevailing wages. Council Member Nichols asked if the prevailing wages are the union wages prevailing in the area. Public Works Director Badum stated that the State establishes the wages, and he would guess that the unions have an influence. Council Member Ridgeway stated that in the construction industry, it probably Volume 56 - Page 238 City of Newport Beach Study Session Minutes May 24, 2005 INDEX is the union wage. He further noted that the State law was established to comply with Federal government mandates on prevailing wages. Council Member Rosansky asked what the theory is behind paying the prevailing wage. Mayor Bromberg stated that the intent of the State legislation, as written, would have to be looked at. City Attorney Clauson added that it may be a way to equalize pay to public sector employees and union negotiated wages. Philip Arst provided a handout and stated that the private sector is more efficient than the government sector, yet Newport Beach does all of its services itself. Additionally, he referred to the Study Session of November 13, 2001, and stated that there is no way to numerically compare the information presented at that meeting with the information presented at the current meeting. He stated that there is also no proof that the City is providing better or more efficient sen,ices than private enterprise. Mr. Arst stated that his handout includes a contracting out report prepared by the City of Huntington Beach and requested that Newport Beach prepare a similar report. He stated that a City services analysis is needed before a new $100 million City Hall is considered. Assistant City Manager Kiff stated that he isn't aware of the City claiming that it is operating at maximum efficiency, and noted that extra care is given in the services provided, which may not be the most efficient way to provide the services. Additionally, he stated that the new City Hall being considered is projected to cost approximately $41.5 million. City Manager Bludau challenged Mr. Arst to prove that the private sector is more efficient than the public sector in every service that is provided. He agreed with Assistant City Manager Kiff and stated that when discussing efficiency, it needs to be clarified if just cost is being considered or if quality of service is also being considered. Council Member Ridgeway stated that all government entities are unique in the sennces that they provide and there isn't a clear way to make comparisons. He stated that efficiency is an overused word, and that the City's Management Information Systems (MIS) function, for example, can not be duplicated because of the integrated nature of the components in every department. He stated that the City is at the forefront in applying new technologies. Council Member Ridgeway cautioned Mr. Arst that his comments could be construed as supporting an increase in taxes in the City, since privatizing could cost more. Council Member Nichols noted that the City made the effort to have the Bayview senior housing project built without paying prevailing wages, and asked why this couldn't be done with City services. City Attorney Clausen stated that there are long established cases that say that Charter cities do not have to pay prevailing wages for projects, which are a local municipal affair. The State later changed legislation impacting the ability of Charter cities to determine if a project is a local municipal affair, causing many projects to be considered regional. New laws also came into effect pertaining to projects paid for by cities, determining that they are public projects even though the private sector might be doing the work. A case out of Long Beach resulted in the Appellate Court determining that Charter cities should no longer be exempt from prevailing wages. The Senate adopted a resolution making a similar determination. The Supreme Court overturned the Long Beach decision. As a cautionary move, the City of Newport Beach paid prevailing wages for recent Volume 56 - Page 239 City of Newport Beach Study Session Minutes May 24, 2005 INDEX steam cleaning of the streets. The State's Director of Industrial Relations rescinded his prior decisions and determined that steam cleaning is subject to prevailing wages. Not knowing how the State might interpret future issues, City Attorney Clauson suggested that the City Council consider adopting an ordinance to require that when a project is determined as a local municipal affair and is under $30,000, prevailing wages will not be paid. In conclusion, she stated that it's a very complicated issue. Assistant City Manager Wood further clarified that with the Bayview senior housing project, the City wasn't fighting the determination that prevailing wages should be paid, it was attempting to meet the deadline for the expiration of an exemption to affordable housing projects. Council Member Ridgeway added that when redevelopment agencies provide assistance, it is considered a public project and subject to prevailing wages. Referring to Mr. Arst's comments, Mayor Bromberg stated that he didn't know how to prove that the City provides better service, but that he hasn't heard complaints and feels that the City does a good job. He recalled a previous conversation when he asked Mr. Arst why he opposed the City providing the best service possible even if it may cost more. Mr. Arst's response was that privatization will provide adequate service. Mayor Bromberg stated that the people of Newport Beach won't, and shouldn't, accept adequate services. Council Member Nichols stated that it costs $138,000 annually to steam clean the new pavement in Balboa Village. He expressed his disagreement with installing pavement that requires such costly maintenance. Council Member Daigle stated that the City is well run and stable, and that it's important to residents to have consistency in the services provided. She stated that privatization doesn't necessarily save money, and asked if there's a correlation between an expansion of privatization and an expansion of government. She suggested that when privatization of a service is done, the cost of administration for that service also be examined. City Attorney Clauson added that local government is partly expanding as the result of State legislation requiring more and more mandated duties. Council Member Ridgeway stated that the City is a large organization, and does a good job of utilizing outsourcing and automation. 3. POSITION COST ANALYSIS. (100 -2005) Using a PowerPoint presentation, City Manager Bludau stated that there are eight new full-time positions being recommended in the 3005 -2006 budget, with some full-time positions and some part -time positions being deleted. He listed the positions by department. These included the deletion of a part -time department assistant and a part -time dock assistant in the City Manager's department, and the increase in the use of contract attorneys in the City Attorney's office. In the Administrative Services Department, a full -time fiscal clerk position, a full-time budget analyst position and a part -time student aide position are being added. In the Police Department, a full-time MIS specialist position is being added and the part -time MIS technician position is being Volume 56 - Page 240 City of Newport Beach Study Session Minutes May 24, 2005 deleted. In the Planning Department, a full-time office assistant is being added and the part -time office assistant position is being deleted. In General Services, a part -time student laborer position is being deleted. In the Library Services Department, three full-time library assistants are being added and the hours for the part -time marketing specialist are being increased. Additionally, a full-time librarian position, a part -time librarian position and a part -time library page position are being deleted. City Manager Bludau stated that in the Recreation & Senior Services Department, a part -time recreation maintenance worker position is being deleted and a full-time groundsworker position is being added. Additionally, the hours of several part -time positions are being increased. These include pool lifeguard, swim instructor, marketing specialist, office assistant, recreation clerk and recreation leader. City Manager Bludau noted that the increase in hours will be offset by increased revenues. Lastly, in the Public Works Department, a full-time public works construction inspector is being added. This position is being funded through the assessment districts. City Manager Bludau displayed a summary of the proposed position changes and noted that the total cost of the positions and hours that would be added is $451,800. This would be offset by the deleted positions and hours, which total $84,000, making the net total increase $367,000. This net total figure does not include the increased revenues or the assessment district funding. 4. BUDGET REVIEW PRESENTATIONS. City Manager Bludau stated that PowerPoint presentations would be utilized by each of the departments. City Council Assistant City Manager Tiff displayed the City Council budget for the 2005 -06 fiscal year and noted that it is slightly lower than the 2004 -05 budget. He further noted that a large majority of the expenses are for consultant services, and City Manager Bludau added that the 2005 -06 budget should be the last to include such large expenditures for consultant services for sphere and airport issues. City Clerk City Clerk Harkless stated that the City Clerk's budget is status quo with no significant changes. City Manager Assistant City Manager Kiff announced that the Resource Allocation Plan (RAP) also includes service indicators for each of the departments. Regarding the City Manager's budget, he stated that it totals approximately $3.4 million for the 2005 -06 budget. The increase from the 2004 -05 budget is primarily due to an increase in water quality regulations. In response to Council Member Nichols' question, Assistant City Manager Kiff explained that there's a problem with too much selenium in the San Diego Creek. All of the partners involved in the watershed are being required to fund a study to try to reduce the selenium. Volume 56 - Page 241 INDEX (100.2005) City of Newport Beach Study Session Minutes May 24, 2005 INDEX Assistant City Manager Kiff listed the divisions in the City Manager's office and stated that the Harbor Resources Division is being reorganized to allow for more time to be spent on policy. Human Resources Human Resources Director Axley stated that the department's budget is status quo, and includes the personnel and risk management divisions. It is expected that there will be 70 recruitments in the 2005 -06 fiscal year, which is one of the department's most important functions and takes up a large portion of the department's time. At the request of Council Member Ridgeway, Human Resources Director Axley stated that other significant duties performed by the department include unemployment, classification and compensation studies, benefits, trainings, retiree benefits, new employee orientations, and liability and workers compensation claims. City Attorney City Attorney Clauson stated that there is a reduction in the City Attorney's budget due to an anticipated reduction in the amount of outside special counsel that will be needed. City Manager Bludau noted the 5.500 in -house requests for opinions and advice that the City Attorney's office receives annually and pointed out that the department is a support function for the other departments. He stated that Administrative Services, Human Resources and the City Manager's office also serve as support functions for the other departments on a daily basis, which supports the need to keep the departments together at City Hall. Council Member Rosansky asked what types of cases make up the litigation caseload and why it is estimated to decrease from 150 to 50 annually. City Attorney Clauson stated that the caseload is usually a mix of tort claims and litigation resulting from City Council, Planning Commission or personnel decisions. She stated that she'd like to think that the decrease is the result of the City Attorney's office getting on top of issues prior to litigation. Administrative Services Department Administrative Services Director Danner stated that the Administrative Services budget is increasing from approximately $6 million to $6.5 million due to two new positions and the Public Employees Retirement System (PERS) increase. He stated that this will be true of all the departments as the PERS rates continue to increase. He stated that Administrative Services has five divisions and 52 employees proposed for the 2005 -06 fiscal year. He displayed and listed the main functions of each of the divisions, which included resource management, fiscal services, management information systems, revenue and accounting. A new full-time fiscal clerk is being proposed in the Revenue Division and a new full-time budget analyst is being proposed in the Accounting Division. Administrative Services Director Danner stated that Administrative Services also handles all of the debt service. He displayed the list of debt service estimates for the 2005 -06 fiscal year. He then displayed the list of significant revenue handled by the department, as well as the four major taxes Volume 56 - Page 242 City of Newport Beach Study Session Minutes May 24, 2005 INDEX administered by the department. These included property tax, sales tax, transient occupancy tax and business license tax, which together represent almost 52.3% of the City's total estimated revenue of approximately $162 million. Lastly, Administrative Services Director Danner displayed the list of major charges and fines handled by the department. Council Member Heffernan asked what else is contributing to the increase in the department's budget in addition to the two new positions. Administrative Services Director Danner stated that it can also be attributed to the large increase in the pension costs for the existing staff. He stated that the PERS rate is increasing fractionally for the safety personnel, but it is doubling from 5% to 10% for miscellaneous employees. Council Member Heffernan confirmed that the existing employees are costing more even without a salary increase. Police Department Police Chief McDonell stated that the Police Department budget is increasing by 2.3% to approximately $35.8 million. Over 85% of the budget is for personnel related costs, with the PERS rate increase representing the substantial increase to the entire budget. The maintenance and operations budget is increasing by approximately $67,000, which is partly due to an increase in vehicle fuel costs. Police Chief McDonell reported that only $16,000 is being proposed for capital outlay, which is a significant decrease from the 2004 -05 fiscal year. He explained that the 2004 -05 budget included the purchase of three costly items. Police Chief McDonell displayed the breakdown of the budget by division and noted that 70% of the department's budget is applied directly to frontline operations. The proposed budget includes the upgrade of one part -time MIS technical position in support services to full-time. He explained that the department is reliant on technology to do its job. Police Chief McDonell displayed the breakdown of responsibilities by division. The divisions of the department include the Police Chiefs office, support services, patrol, traffic, detective and fleet maintenance. Police Chief McDonell stated that the department's total estimated annual revenue is approximately $5 million. He listed the significant revenue sources. Additionally, he listed the significant grants that the department receives, and noted that Newport Beach has taken a leadership role and is managing the grant funds on behalf of all of the County criminal justice agencies. Council Member Heffernan asked how Newport Beach compares in age of personnel to other police departments, and if retirement changes have had an effect on turnover in the department. Police Chief McDonell agreed that there has been an acceleration of retirements in the State, but noted that a younger police force can be beneficial in frontline operations. Police Chief McDonell noted that Newport Beach is viewed as a premier city to work in and turnover is less than it might be in other cities. Council Member Heffernan expressed his concern that experienced personnel are leaving the force. Council Member Ridgeway asked if the overview presentations by each of the departments was replacing a line by line look at the proposed budget. City Manager Bludau stated that this process has been followed for several years, but can be changed. At the study session on June 14, 2005, a presentation on the Volume 56 - Page 243 City of Newport Beach Study Session Minutes May 24, 2005 INDEX Capital Improvement Program (CIP) would be given, and on June 28, 2005, any remaining questions would be answered. Fire Department Fire Chief Riley displayed the department's mission and stated that detailed information on how the department's responsibilities are carried out is covered in the RAP. He displayed a summary of the department's proposed budget, and noted that it's a 2.23% increase over the 2004 -05 fiscal year budget. The proposed budget totals $26,334,497, with approximately 85% of it in salaries. He displayed a breakdown of the budget by division. The divisions include administration, fire operations, prevention, emergency medical services, training and lifeguard operations. Fire Chief Riley noted that the emergency medical services division budget only includes those costs for advanced life support and emergency transportation. The fire operations budget includes the first response to emergency medical calls. Fire Chief Riley listed the revenue categories for the department. Significant program issues for the 2005 -06 fiscal year include the design and construction of the fire station and training center in Santa Ana Heights, completing a comprehensive survey of all public safety facilities, and completing the wildland fire prevention and response plan. Council Member Daigle asked what the status is of the facility survey. Fire Chief Riley stated that it's currently listed as a project for the Public Works Department. The buildings that will be surveyed have been identified, but the survey itself has not begun. Fire Chief Riley continued listing the significant program issues, which included an upgrade to the payroll software program to enable the department to do a complete and comprehensive management of the staffing system. Other significant issues included continued emphasis on emergency preparation and professional competency. He noted that 62% of the department's personnel have less than four years experience in their current positions. Council Member Heffernan asked why the department is experiencing such a huge turnover and why the labor costs aren't less if the personnel is newer and at the lower end of the pay ranges. Fire Chief Riley stated that the costs are less and noted the PERS increase experienced by all of the departments. Additionally, he stated that the turnover is the result of the large growth of public service agencies in the 1970's and the enhancement to retirement benefits. In response to Council Member Heffernan's additional question, Fire Chief Riley stated that the recruits have the ability to aspire to the higher levels, but that it's a question of motivation and the desire to deal with the different challenges. Council Member Heffernan noted that the enhanced retirement doesn t encourage personnel to work longer. Planning Department Assistant City Manager Wood displayed a comparison of the 2004 -05 and 2005 -06 budgets. She noted that the increase in salary and benefits is due to the PERS rate increase and the upgrade of a part -time office assistant to full -time. The significant decrease in maintenance and operations is due to the cost of the general plan update in the 2004 -05 budget. She listed the major functions of, Volume 56 - Page 244 City of Newport Beach Study Session Minutes May 24, 2005 INDEX the administration and economic development divisions, and noted the increase in citizen committees and the increased workload associated with them. Council Member Daigle asked if the Planning Department is adequately staffed. Assistant City Manager Wood stated that an additional person could be used to perform plan checks, but that the intent is to continue to utilize outside consultants until the zoning code is revised in such a manner as to decrease the time needed to perform the work. Additionally, contract planners are being used for development review of the larger projects. Council Member Ridgeway confirmed that the plan check position would be revenue neutral because the costs are charged to the applicant. He agreed with Council Member Daigle that the City Council should be made aware of additional staffing needs in the Planning Department. Assistant City Manager Wood listed the department's workload indicators and the large projects currently underway. Revenue in the 2005 -06 fiscal year is expected to meet or exceed the current year's revenue. She listed significant special projects being worked on by the department, Building Department Building Director Elbettar displayed the department mission. He stated that the current year's budget is approximately $3 million and the proposed budget for the 2005 -06 fiscal year is $3.3 million. The increase is partly due to the new record specialist position approved in February of 2005, and the reclassification of a building inspector to a plan check engineer. He displayed a revenue worksheet showing actual and projected revenues by account type from fiscal years 2002 -03 to 2005 -06, and noted that his department is revenue neutral. Building Director Elbettar displayed a construction activity report showing year to date figures as of March 2005, and noted that the 2004 -05 fiscal year will represent the highest year in Newport Beach history in terms of valuation. Council Member Ridgeway stated that in his observations, he hasn't seen a neighborhood in the city that doesn't have some type of significant construction going on. City Manager Bludau added that it's primarily residential construction that is taking place which means increased staff involvement because the volume is so great. Building Director Elbettar additionally noted that the residential construction has become more complex as residents are striving to maximize their property values. Building Director Elbettar listed the future programs and service enhancements planned for the department. In response to Council Member Heffernan's question, Building Director Elbettar stated that he expects the combination permit program to be implemented by the end of the year. The program would combine four applications into one, but would not eliminate the need to review separate plans for building, electrical, plumbing and mechanical. Building Director Elbettar stated that other goals of the department are to increase counter plan review and permit issuance services, implement a record Volume 56 - Page 245 City of Newport Beach Study Session Minutes May 24, 2005 INDEX management plan and streamline the plan check process. Council Member Rosansky asked how long the integration of the County records for Newport Coast would take. Building Director Elbettar stated that the City doesn't have control over when the County sends the records and that they will continue sending records until the entitlement for the area is built out. He guessed that it would take less than five years. Library Services Library Services Director Katsouleas began by showing a photo of the Central Library and acknowledging Urban Forester Conway and The Irvine Company for working together on replacing the palms. She displayed the seven divisions in the department and stated that the proposed budget totals approximately $5.4 million. The divisions include the Central Library, the three branch libraries, administration, literacy services, and arts and cultural services. She displayed the funding by division, and noted that over one million items are circulated each year. Library Services Director Katsouleas displayed the staffing of the department by division, and noted that 1.5 librarian positions will be replaced with 2 library assistant positions at the Central Library and staffing will be added for the Mariners Branch Library. Council Member Rosansky asked how the Balboa and Corona del Mar branch libraries are utilized by the public. Library Services Director Katsouleas stated that the Balboa Branch Library serves as a community center for the area and is very popular. Council Member Ridgeway added that the Balboa library probably has the largest maritime and seamanship collection on the West Coast. Library Services Director Katsouleas stated that the Corona del Mar library is less than a mile from the Central Library and is not used heavily, but is a sentimental favorite of the local community. Council Member Nichols asked if the concept of combining the Mariners library with the elementary school is new. Library Services Director Katsouleas stated that there are several joint use libraries throughout the country. She felt that the Mariners library would be a success. Council Member Nichols asked if the program would be expanded with the school district to other locations. Library Services Director Katsouleas stated that it is unique to the Mariners community and that she didn't see it being done in other areas in the City. City Manager Bludau noted that there was already a library and an elementary school in close proximity at the location. Library Services Director Katsouleas displayed the revenue projections for the department, and noted that the fees for service category is going down because the library is sending out e-mail prenotification when library items are due, which has resulted in more books being returned on time. Intergovernmental reimbursements are increasing as the result of the City having a better idea of the reimbursements that will be received from the State. She noted that the miscellaneous revenues category is listed as zero because many of the library Volume 56 - Page 246 City of Newport Beach Study Session Minutes May 24, 2005 supporters and donors don't want their gifts to be considered as an integral part of the library budget. Library Services Director Katsouleas listed the major expenditure areas, and noted that capital outlay and equipment is increasing because the library is assuming responsibility for its computers. She displayed the budget breakdown by expenditure area and noted that approximately 75% of the budget goes towards staffing. She listed the arts and cultural services division budget breakdown separately, and displayed what the department accomplished in the 2004 -05 fiscal year, and what it hopes to accomplish in the 2005 -06 fiscal year. At the request of Council Member Daigle, Library Services Director Katsouleas confirmed that Newport Beach was recently recognized as having the best library in the state and the fourth best in the nation, for a city of its size. Council Member Rosansky asked if library services for Newport Coast had been budgeted. Library Services Director Katsouleas stated that the costs are expected to be incorporated in the proposed budget if the services come to fruition, and the costs are expected to be minimal. Council Member Heffernan asked what was being done to deal with the parking problems at the Central Library. Library Services Director Katsouleas stated that a Board of Library Trustees member is serving on the fundraising committee for the proposed park and a study is being conducted on how much the library's parking lot is being used by visitors to the nearby shopping center. City Manager Bludau stated that any capital improvement projects would occur after the 2005 -06 fiscal year. PUBLIC COMMENTS - None ADJOURNMENT - at 6:13 p.m. The agenda for the Study Session was posted on May 18, 2005, at 3:00 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 56 - Page 247 INDEX City of Newport Beach Study Session Minutes May 24, 2005 INDEX THIS PAGE LEFT BLANK INTENTIONALLY Volume 56 - Page 248 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting May 24, 2005 - 7:00 p.m STUDY SESSION- 3:30 p.m CLOSED SESSION -None. +nr *+nr * * * * * * * * *tatts A. RECESSED AND RECONVENED AT 7:00 P.M. FOR RE =1" k � B. ROLL CALL Present: Heffernan, Rosansky, Ridgeway, Daigle, Nichols, Mayor Bromberg Absent: Webb (excused) 4, C. CLOSED SESSION REPORT - None. D. PLEDGE OF ALLEGIANCE - Council Member Daigle:'', . E. INVOCATION - None. F. PRESENTATIONS �' r Athletic Complex at Estancia High School - Gordon Bowley, Costa Mesa United, reported that &ey`are dedicated fo- raising the $9.4 million needed to construct an aquaticcenter at Costa Mesa High School and a multi -use stadium at :. Estancia High 5choolthat would, benefit,xhe; entire school district. Costa Mesa Council Member Fo �Mannoiinced' "that`Uosta Mesa has pledged $1 million towards the building of;t�facilitie's and, 5100,000 through Ikea Funds from a development agreement. Mayer Bromberg indicated that this issue is borderless. '- '.- _•`,.2er' Introauction CA. dents Traveling to Okazaki - Dan Hoffman, Newport ., Beach Sister City Asadciation And Newport- Balboa Rotary member, introduced the chaperone, Timree Gold, 'and the student delegation (Kelly Clark, Leilani a Tanbar3,1)anie1 Ward, and Edward Wiklund) who will be traveling to Okazaki. Butterfly t.iaitiative Proclamation - Mayor Bromberg presented a proclamation %o aimee Niles who created the Butterfly Initiative which promotes innovative ways3o develop capacity, capability, and creativity. Ili;, State Champion Girls Soccer Team Proclamation - Mayor Bromberg read the proclamation and presented one to each of the AYSO 57 Gator Girls and their coach, Frank Mueller. Proclamations for Outstanding Community Financial Contribution - Police Chief McDonell reported that Ky Nam donated $50,000 towards the Police Department Lobby Remodel and Police Museum, and Al Cordero contributed all the architectural funding for the project. Mayor Bromberg read the proclamation and presented them to Mr. Nam and Mr. Cordero. Volume 57 - Page 249 INDEX ,k City of Newport Beach City Council Minutes May 24, 2005 Youth Council Presentation - Max Ukropina, Corona del Mar High School student, introduced the other Youth Council members in attendance: Ahha Kattan, Hanna Dean, Sheina Levine, and Brittany Levine. He utilized a PowerPoint presentation to highlight what Youth Council does. Chuck Jones Day Proclamation - Mayor Bromberg presented Chuck Jones' grandson, Craig Kausen, with a proclamation proclaiming June 4, 2005 as "Chuck Jones Day ". Mr. Kausen announced that there will be a celebration at Fashion Island on June 4. Library Foundation Check Presentation - Newport Beach Publ c :111hrary Foundation President Edwards presented Library Board of Trustees Chairman Hamilton with a $167,000 check. Trustee Hamilton explained,4Aiifthe money will be used for and reported that the Foundation and the Friends of the Library have given over $500,000 this year. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM): • Mayor Bromberg announced that Governor Schwarzenegger has appointed him to the Orange County Superior Court bench and reported that State law does not allow himao'eerve on the Newport Beach City Council at the same time. He read his letterofaesiggation and stated that his resignation will be effective June 17.2005. • Mayor Bromberg announced that the 12th Annual Balboa Island Parade will be held on June 5 a I1 a.m He stated that this year's theme is "Salute to the Troops ". • Mayor Bromberg announced that the 1/1 Marines will be returning home from Iraq on June 5 He noted that they are the oldest and most rated deooMarine uniEin United States history. • Mayor Bromberg reported that he spoke to an assembly of 650 young adults at Ensign Middle School during their Character Awards and then attended Newport Harbor High School's "Every 15 Minutes" program with Council Members Ridgeway and Rosansky. • Counal Member Rosansky requested a status report at the next meeting regarding the underground utility projects. I. CONSENT CALENDAR Council Member Daigle announced that the 2004 -2005 Traffic Signal Upgrades project (Item 8) will modernize the traffic control signals. She reported that this project will renovate signals on San Joaquin Hills Road and.San Miguel Road and at San Joaquin Hills Road and Marguerite. She stated that emergency preemptive systems will be installed at Newport Boulevard and Balboa Boulevard and at San Joaquin Hills Road and Newport Coast Drive. She reported that, through the Capital Improvement Program and using a grant from the Orange County Transportation Authority (OCTA), the City will look at upgrading the Volume 57 - Page 250 INDEX 1 City of Newport Beach City Council Minutes May 24, 2005 signal controllers and adding a traffic operation center. READING OFMINUTESiORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MAY 10, 2005. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration. and direct City Clerk to read by title only. ORDINANCE FOR INTRODUCTION i }} 3. Removed at the request of Council Member Nichm ORDINANCE FOR ADOPTION INDEX 4. ORDINANCE TO APPROVE AN 'k ENDMENT TO PERS C -563 CONTRACT TO PROVIDE PRE- REnREMENN OPTIONAL (38/100 -2005) SETTLEMENT DEATH BENEFIT TO FSATY MPLOYEES. Continue to June 14, 2005.•. ♦; IC RESOLUTIONS FOR ADOPTION 5. RESOLUTION RELATING TO COD$''kNiF'OR�RMENT IN WEST C -3773 SANTA ANA HEIGHTS. 1) Adopt Reeolufiog3i7n. 2005 -28 authorizing (38/100 -2005) the City's Code and .Water Quality Eni'orcemeni`staff to serve the West Santa Ana Heights community fora series of 1 -year renewable terms or until such timid as the City annexes *'est,Santa Ana Heights, whichever comes first.�iiid 2) authorize the City Minager to execute a final contract in subs Halt` tali y_§imilar fotm'f�the5draft Agreement attached to the staff report as Attactiiiaent$ 6. RESOLIl.T]ON AUMORIZING THE TEMPORARY CLOSURE OF (100 -2005) SEASHOF2Ey DRIVE;; NEWPORT BOULEVARD AND BALBOA BOULEVAED._AND SELECTED FEEDER STREETS FOR THE JULY 4TH HOLIDAY.-�kdopt Resolution No. 2005 -29. CONTRACTS AND AGREEMENTS 7. MESA,.�a.DRiVE WIDENING PROJECT - APPROVAL OF C- 3518(A) PROFESSIONAL SERVICES AGREEMENT WITH CIVIL WORKS (38/100 -2005) ENGINEERS. 1) Approve a Professional Services Agreement with Civil Works Engineers of Costa Mesa for design of widening Mesa Drive at the intersection of lrvine Avenue at a contract price of $64,734 and authorize the Mayor and City Clerk to execute the Agreement; and 2) authorize a budget amendment (05BA -062) in the amount of $36,054 from the unappropriated balance of the Circulation & Transportation Fund to Account No. 7261- C5200665. 8. 2004 -2005 TRAFFIC SIGNAL UPGRADES - AWARD OF C -3764 CONTRACT (C- 3764). 1) Approve the plans and specifications; 2) award (38/100 -2005) the contract (C -3764) to Inspection Engineering Construction for the total Volume 57 - Page 251 City of Newport Beach City Council Minutes May 24, 2005 bid price of $330,280 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $33,000 to cover the cost of unforeseen work; and 4) approve a budget amendment (05BA -061) in the amount of $201,968 from the unappropriated balance of the Transportation and Circulation Fund, 260 -3605, to Account No. 7261 - 05200068. 9. Removed at the request of Council Member Rosansky. 10. Removed at the request of Council Member Nichols. MISCELLANEOUS ACTIONS 11. 2005 -06 PROPOSED BUDGET HEARING; 'N $005 -06 APPROPRIATION LIMIT HEARING. Schedule a public heartngof the City's Proposed Budget and Appropriation Limit,forstiie 2005 -06 fiscal year on June 14, 2005 at 7:00 p.m. and direct the City C]erk to publish a notice of said hearings. / 12. PASSIVE PARK IN THE ( SANTA ANA HEIGHTS REDEVELOPMENT AREA. Approve the concept plarifor the passive view park at the intersection of Mesa Drive and Birch Street in Santa Ana Heights; and direct staff to proceed with the preparation of plans and specifications and solicit bids for Bark construction. 13. BUDGET AMENDMENT TO.ACCEPT;,A CHECK FROM THE NEWPORT BEACH LIBRARY ITOUNDATION A�TD APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY 2004 /05. Approve . a budget -'amendment (05BA -064) to increase revenue estimates by ,5166,708 in Account No. 4010 -5893 (NBPL FoundationDgnations),and increase expenditure estimates by the same amount an b-r n 4090: Foundation., i S20. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING F1901' }EAR JULY 1, 2005 TO JUNE 30, 2006. Authorize the City Clerk to pAlish a notice advertising for bids to be received on or before the hour of 4:b0 p.m., on Friday, June 10, 2005 for a one -year contract covering the 'publishing`• and printing of legal notices, or other material required to be OAlished and circulated in the City of Newport Beach. Motion'6—kavor Pro Tem Webb to approve the Consent Calendar, except for those items remtrved (3, 9 and 10). The motion canned by the following roll call vote: Ayes: Heffernan, Rosansky, Ridgeway, Daigle, Nichols„ Mayor Bromberg Noes: None Abstain: None Absent: Webb J. PUBLIC COMMENTS Allan Beek requested that Mayor Bromberg's replacement be decided by election, not appointment. Mayor Bromberg noted that this item is on the Volume 57 - Page 252 INDEX (100 -2005) (100 -2005) (100 -2005) (32/100 -2005) City of Newport Beach City Council Minutes May 24, 2005 agenda as Item 521. INDEX Jim Hildreth presented and read portions of documents that are supplemental to what was presented to Council at the last meeting regarding moorings in the Grand Canal. Paul Glowienke expressed hope that some of the $167,000 that was presented today goes toward a potential refurbishment of the Corona del Mar Branch Library. • Phillip Bettencourt, Newport Coast Community Associatioa>`hredent, stated that the Newport Coast residents are grateful for the{iecent heavy commercial vehicle inspections on Newport Coast D,aiad for the increased presence of motor officers at Newport Coast E*menT'QSchool. ;r K. ORAL. R.RPORTR FROM (.TTV rnTTMCTT. nM !`f ,4MTTTP rmvx mTvm • Ad Hoc General Plan Update Committee (GPUC-)'— Assistant City Manager Wood reported that GPUC and the General Plan Advisor74Committee (GPAC) have looked at the model analyses of the land use altetmativejz;She stated that, at the last meeting, GPUC looked more closely at axeas'wiWf there are significant traffic impacts and what types of land use changes might_%'9'Neausing them so they can refine the land use alternatives. ,_She reported that tlso discussed the program for the two public workshops Aich will be held on Sa bwiiy, June 25 at the OASIS Senior Center from 9 a.m, to noonand from 1 P.M. to,� P.M. n r c• Local Coastal Program Certification Comma — Council Member Ridgeway reported that staff has been co>i nicating with Coastal Commission staff to get clarity on whi t they want changed in the Land Use Plan. Assistant City Manager Wood stated that both sides have agreed to reconsider some of the requests. tee: >r . Mariners Joint Use Library Ad Hoc Steering Committee — Council Member �. Ridgeway reported that the library is under construction and noted that the steel structure ha Ubmcrected.'%-' " !'A City Council/ Citizens Ad Hoc Conunittee for Marina Park Planning — Mayor .. Bromberg stated that the committee has received a number of presentations and believed that this will come back to Council in a few months. He repoctea.that the committee discussed whether to hire a consultant to do cost analyses ou¢6e potential uses, but it was determined not to do that because it's up to Council to r -e potential uses and have studies done if they choose. He noted that the`pommittee is charged with just bringing back alternatives. He announced tha €the committee meets the third Tuesday at 4 p.m, in the Council Chambers. City Council Ad Hoc Marina Park Advisory Committee — Council Member Ridgeway noted that the issue of the mobile home park was on the agenda at the last meeting, but since that meeting lasted until 1 a.m., the item was continued to the June 14 meeting. Measure M — Mayor Bromberg noted that he appointed Council Member Daigle to speak on behalf of the City regarding Measure M which is the .05¢ tax for road improvements. Council Member Daigle noted that Measure M has funded a large Volume 57 - Page 253 City of Newport Beach City Council Minutes May 24, 2005 L. number of traffic and roadway improvements for the City. Fourth of July Committee - Council Member Rosansky reported that the annual meeting will be June 6 in the Fire Conference Room at 4 p.m. Zoning Committee - Council Member Rosansky announced that the first meeting will be held on June 2. He stated that they will be looking at zoning in the City in an effort to simplify and streamline the process. Newport Coast Advisory Committee - Council Member Heffernan ported . that they meet next on June 6 at the Newport Coast Elementary --%,_,.He stated that they are working on the schematic plans and the poten ' conveyance of land for the community center. He believed that they will also'�i —about the school issue at Newport Coast Elementary School. r Toll Road Committee - Council Member Heffernan indicated Shat he att�nded the meeting for Mayor Pro Tem Webb. He stated that .tfie" tolltrbad agency will'9ii . facing dire financial consequences in two years and will probably be raising the toll fee in July. Finance Committee - Council Member Heffernan stated that Council Members Daigle and Rosansky serve on the committee with him. He indicated that, at this week's meeting, they discussed two potential sewer and freshwater rate hikes and talked about financing options for the Civic Center Telecommunications Committee - council Member Koffernan stated that Council Members Daigle and Nichols serve on the' committee with him. He reported that the City has 18. cell site applications pending or in process. He indicated that they alsodiscussed the cabWe ranchise'agreement and noted that each cable subscriber eontractis worth about$3,000. 14. PLANNING COMMISSION AGENDA FOR MAY 19, 2005. Senior P1Nnnp* Alford reported that the Planning Commission considered an Alcoholic Beverage Outlet (ABO) use permit for the Red Rock Chili Company in Fashion Island and approved it. Senior Planner.Alford reported that the St. Andrew's Church expansion project returned to the Planning Commission. He stated that the church requested changes to the parking provision, specifically relative to the off - site parlorig agreement with the school district. He reported that the Commission voted 5 to 2 to recommend approval to Council. He indicated that this will be brought before Council soon. Senior Planner Alford stated that the Commission received a presentation from Applied Development Economics (ADE) on the fiscal impacts of the land use alternatives. In response to Council's questions regarding the St. Andrew's Church project, Senior Planner Alford stated that the Commission relieved the church of the condition related to the off -site parking agreement with the school district. He indicated that this allows them to pursue onsite and Volume 57 - Page 254 INDEX City of Newport Beach City Council Minutes May 24, 2005 off -site parking options. He stated that there were a number of minor revisions to the other conditions. He noted that the Commission expressed their hope that the applicant and the neighborhood would get together and reach a compromise. Mayor Bromberg believed that this will be discussed at a special meeting. Senior Planner Alford indicated that, if the applicant doesn't have an agreement with the school district, they will most likely build a parking structure. Assistant City Manager Wood confirmed that they are still required to have a certain number of parking spaces but it's up to them on how they get it. She stated that there was discussion about possibly having parking further off -site with bottle service. She indicated that this wasn't included in the condit�bn use there was concern that, if it was less convenient for the congregation, they would likely park in the neighborhood. Senior Planner Alford noted that Council will receive a full report on the Commission�s action and the revised conditions. M. CURRENT BUSINESS J 15. EMPLOYMENT AGREEMENT FOR POLICE CHIEF BOB M CDONELL. .S' City Manager Bludau stated that the recommendation is for Council to approve an employment agreement for Police Chief`%Oonell who intends to retire on July 1. He reported that Council Poliey.,iequires that any request for an employee who retires.alld is considered,�or reemployment within five years of retirement be approved 'by Council' He indicated that the Chief intends to retire becaus4,of how PERSiisset up. He noted that the agreement is for the Chief to s5ty, on for upj two years. He believed that it is essential for the City to retain his services for as long as possible. He reported that this is allowed under the PERS system and has been done elsewhere in the State and County:' He stated that the agreement makes the Chiefs employment look much as it does now. He pointed out that, if appro`ved;'this agreemeat.would save the City about $26,000 in retirement costs and medical lienei -its. He indicated that he cannot state stromgfy - enough how amuch_ confidence he has in the professionalism, integrity; and management ability of Chief McDonell. He stated that this is a high priority for him, In response to Council questions, City Manager Bludau indicated that the o*. difference�fietween the terms of the agreement and his current employment isthat there will be a financial savings to the City. He stated that,`, i n.& number of years he has worked, he is maxed out in the PENS formula and his retirement will not increase. He explained that Chief McDonell will be a retired employee in the PERS system, will be receiving retirement and pay from the City, and the City will not need to pay the PERS contribution anymore. He reported that the City will be contributing some retirement money in an annuity, but it will still be saving $26,000. He confirmed that Chief McDonell cannot draw any more money from PERS because he's maxed out. He stated that it is like hiring him as a private contractor, but in lieu of paying into the PERS system, the City is going to be paying into his private annuity. City Manager Bludau reported that Chief McDonell is allowed to work up to six months per calendar year, but can work more than six months next Volume 57 - Page 255 INDEX C- 2954(A) (38/100 -2005) City of Newport Beach City Council Minutes May 24, 2005 year if Council adopts a resolution that is sent to PERS requesting an exemption from the six month limitation. He stated that PERS grants exemptions all the time. Dolores Otting asked how much money will be going into the annuity and how many other people will be taking advantage of this since not many people get to retire with 100% of their salary. Noting that PERS does these exemptions all the time, she suggested changing PERS so the City doesn't have to go through this. City Manager Bludau stated that the state legislature, not the City, can change the PERS system He reported that the annuity will be about $45,000. He noted that he iutenai'to be very judicious before any recommendation relative to hiring back a City employee goes to Council. Council Member Heffernaii indicated that Governor Schwarzenegger is trying to change the retirement system so people pay into the plan rather than be guaranteed a benefit J; Motion by Council Member Ridgeway, to approve the proposed employment agreement, by which Chief Mcllonell would continue to serve: as the Newport Beach Police Chief after his official retirement. Council Member Ridgeway stated that it Lt important for the Chief to continue the continuity at the Police Department Further, Chief McDonell has a number of intra - agency programs he's involved with that he would like to complete. He indicated that there is no heir- apparent at this time, but one will probably sn ri oe during this tivb year period so there is a smooth transition. He,repoited that Chief ?McDonell has saved the City millions of dollars in claims agairist t6 City and has brought back integrity and a high level of service to the Police Department. The motion carried by the following roll call vote: Ayes: Hefferuan. Rosans7cy, Ridgeway, Daigle, Mayor Bromberg Noes: None Abstain: Nichols Absent 'Webb 16. ADOPT RESOLUTION REGARDING INTERIM FUNDING REIMBURSEMENT AUTHORIZATION FOR PROSPECTIVE CITY HALL COMPLEX AND RESCIND RESOLUTION NO. 2003-41. i Admimstrativc'services Director Danner reported that Council adopted a resoluti on the last time Council was considering rebuilding City Hall that allowed•foi the reimbursement of any expenses incurred prior to the financing recommendation being adopted. He stated that the best guess for the rebuilding cost at that time was $35 million. He reported that, since the project includes a fire station and parking structure, they are recommending that Resolution No. 2003 -41 be rescinded and Council adopt a resolution that has a $50 million maximum amount. He stated that they are not saying that the project will cost $50 million or that they will request reimbursement, but it leaves the options open. Council Member Rosansky noted that Roger Torriero of Griffin Structures said that the total cost would be $41.5 million and asked how they came up with $50 million. Administrative Services Director Danner reported Volume 57 - Page 256 INDEX n, (100 -2005) City of Newport Beach City Council Minutes May 24, 2005 INDEX that there are costs involved with issuing a Certificate of Participation (COP). Further, since the City won't have use of the facility while it's being built, there will probably be debt outstanding and the City will be paying capitalized interest and the principal on the COP for a year prior to occupancy. He indicated that on any bond issue, regardless if it is a COP or general obligation lease revenue bond, there's a reserve requirement which is normally equal to the annual debt service. He reported that this money is held in reserve for the bond or certificate holders and is used to make the last debt service payment. He indicated that the financial consultant estimates that the components mentioned would ra ge from $45,150,000 to $50,000,000. He added that the $50 million a}io'u4udes an increase in interest rates between now and when the pritificatesAre sold. Council Member Heffernan reported that, at th@ F#Wnce Committee meeting, he was told by the financial consultant t�s �hC ate todayr%t a 30 year bond would be about 4.7% if the Citv wa qu s rated' w ich eates to about $3 million a year in debt service; "He asked if the City hap considered future capital expenditures'' anrelald to City Hall. Administrative Services Director Danner stated thiL. -* facilities needs study is one of the top ten priorities for the City' He repo d that there is a $2 million reserve for capital improvements w u�ch.is designed to meet some of the needs of the facilities. He indicated thatjhty are proposing to �. increase the reserve from $2 mi]li $10 million in th��roposed budget to be adopted in June. He expW:,- at this can bc)done because the City has not had to use the PERS reserve of, $9 inillion and will be proposing a transfer of $4 millionfrom Xh PER$, serve into the capital improvement reserve He added lhaC'''additioua) moneys will also come from the current �udge.L He conE>»ned for Council Member Heffernan that the City;itias looked at its capital expenditures on a five and ten year plan, looked at the reserves. and determined that the City has the money to do thoiee "Na&s. FLirther it's premature to increase this $50 million debt amount to'alpo fund the other projects because they're either already funded or it doesn't make sense to borrow money now to do something so .-- fai an'the Suture and pay the interest in between. Council Member Nichols asked if City property has to be dedicated as backing for th;tOP. Administrative Services Director Danner indicated that this is an oRtion, but the City is not choosing to do that. He reported that this is simly a lease /purchase agreement for the facility itself and is the �`ieason for,ibe capitalized interest. He stated that they cannot lease a facili that as not built, so the are ty y proposing to include the interest and princip4�si the COP for the year that it's under construction. He noted that thef'acility they're proposing to lease back is the City Hall facility and nothing else. City Manager Bludau reported that the City has an AA rating, but it was discussed at the Finance Committee meeting to have the City obtain insurance to have an AAA rating. He stated that, whether the City pledged properties or not, the COP would be rated AAA. Council Member Heffernan stated that the people who buy the COPS don't see a difference between pledging the COP for the City Hall or towards the credit of the entire City as long as the COP is rated and insured. Administrative Services Director Danner reported that they can bring the City's Volume 57 - Page 257 City of Newport Beach City Council Minutes May 24, 2005 114111) ►:/ underlying debt rating from AA to AAA by buying insurance. He stated that the insurance will be less expensive for Newport Beach than other cities that have an A or BBB rating because of its name and good financial standing. He reported that Santa Monica is the only city in the State that he is aware of with an AAA rating. City Manager Bludau indicated that the City's AA rating puts it in the top 15 0h to 20 %. He assured everyone that no one will be paying more property tax than what they would be paying without the project. He stated that this would be paid out of revenues that would normally come into the City. Council Member Heffernan explained that a bond, which is a voter issue, is a line item listed on your property tax bill and a COP is a cost, item to the.Gti�y: "." Dolores Otting asked when the plan of what needs fixingavi b`e available. ., She noted that the City's rating is AA -. She expressodconcem that $50 million is being iscussed which will actually cost. a , ., g y taut $3.7 mai'hon a year. She stated that the City has other indebte_�nesq. it pays,74hich means the City will be paying close to $8 million a year- the hoped t3zat the City would get an appraisal of the current property and consider "e third option which relocates City Hall. She asked if, the schematics that will be available in September will be complete She believed that we don't need a new City Hall, especially at this location. She reported that the city hall in Hesperia for $26 million included'a.lrary, redevelopment, and commercial. Council Member Ridgeway note -ihat the City Hall component is $21.5 million and_thp City's project includes a parking structure and fire station. Mayor'1i0inberg reported ,0at the City Hall Building Committee dealt with t�e re :issue twice, brought it back to Council twice, and finances were not looked at because Council was not interested in relocating City Hall. .1 Paul Glowienke asked how an additional 550 million of indebtedness will impact the (4tty's future credit rating:aiid what levels of efficiencies will occur that allow it to. serviee the 'debt over 30 years. Mayor Bromberg indicated that'h3s second question is answered in the needs assessment report. City Manager Bludau stated that, if the City makes its payment of $3:mil n -a year, it wM probably enhance the City's credit rating because it has had so little debt overklhe past few years and will gain experience. Jim Hildreth.'questioned having a new Council Chambers and a community meeting room, unless it was for earthquake purposes. He stated that he lids not seen anything regarding keeping documents. f Motionbv Council Member Rideewav to adopt Resolution No. 2005.30 and rescinded Resolution No. 2003 -41. Council Member Nichols asked if this should be considered tonight, believing that Council needs to discuss how the fire station is oriented, talk about issues regarding high rises, and determine whether this is the right location. City Manager Bludau reported that this makes no commitment on whether to move forward. He clarified that this gives Council a reimbursement option through the sale of COPS for any expenses incurred for the project. He stated that the City may not want to do this, but this just gives the City an option. Volume 57 - Page 258 City of Newport Beach City Council Minutes May 24, 2005 Council Member Heffernan noted that he voted against the project and the relocation, but explained that the reason the City is doing this is to have the bond documentation in place to capture the low interest rates. He emphasized that a 19/ difference in rates is a huge amount on $50 million and believed that this is a small cost to lock in that rate. He indicated that this is a prudent thing to do since the rates are very low right now. He agreed that this doesn't commit the City to anything. The motion carried by the following roll call vote: Ayes: H Heffernan, Rosansky, Ridgeway, D Daigle, N NichoO:,'-�Ma_ or Bromberg � �'r Noes: N None ' 'O Abstain: N None r r5 Absent: W Webb t ti 17. REFORESTATION R REQUEST HARBOR V VIE� ' ''HILLS SOUTH HOMEOWNERS ASSO C c, Acting General Services Director Pisani reviewed Lhe staff report and reported that the Harbor View Hills South Homeowners Association's submission met all the requirements of the G -1 Po":. He stated that the policy allows legally established associations to app'iy'for reforestation if they delineate specific tree locations, the board of� ucctors notifies association members and gives:.tl ID";ih - opportunity t comment on the request before they vote on the request, Jhe.associatton pays all the removal and replanting costs, an(tthey.:4planta' im ' ated street trees on a one-for-one basis with them nimpm size being 24- inches. He indicated that the Parks, Beaches & Recreat1�„n, Commission (PB &R) heard this issue on May^,3 and the motion failed Y a 3 to 3 vote. He stated that some of the Commissioners felt that the 'association wasn't doing its job enforcing'it Covenants, Conditions and Restrictions (CC &Rs) since many private trees were taller tlhsa the City trees they were asking to be reforested. Mayor Bromberg indicated that he is unsure why PB &R voted against this since this re4iiest is consistent with the G -1 policy. Council Member Nichols stated't6t this request has gone through all the needed steps, meets the G -1 P, cy requirements, only deals with 19 trees, and the trees block ocean views. He believed that denying this request tells the community thatrthey cannot make their own decisions. He indicated that Urban Fores6r Conway believed that this should be approved. He added that the.,Asidents have a procedure to handle private trees within the In response to Council Member Ridgeway's questions, Acting General Services Director Pisani indicated that the trees will be removed by the tree contractor and will not be saved since they will not be replanted or resold. He believed that the cost to containerize or clam shell the trees would exceed any value the City would get from them. Council Member Ridgeway asked him to research this, but stated that he is supportive of the recommendation. City Manager Bludau noted that the homeowners association pays for any cost involved in cutting down or saving the trees. Volume 57 - Page 259 INDEX (100 -2005) City of Newport Beach City Council Minutes May 24, 2005 Yvonne Houssels, President of the Harbor View Hills South Homeowners Association, distributed photos and requested that Council approve the reforestation request since they've complied with all the G -1 policy requirements, as they did for the three previous stages. She noted that they are a view community and the trees to be reforested are impacting views. She indicated that they were surprised when three Commissioners took issue with how they enforce their governing documents and explained that their board attempts to maintain as many trees as possible and does not require trimming or removal of private trees unless they receive a complaint and the tree is investigated by the Tree View Chairpereop. She reported that the use of 24 -inch box trees is permitted undiP;ite.G -1 policy, especially in the view communities, and noted that !he pre�ious a,. stages were approved with 24 -inch box trees. She indicated that staff and the association agree that 36 -inch box trees are too large for titCparkway and will most likely cause compacted roots and unhealthy trees: ,. She stated that the wrong trees were planted in the park" ay and has t6 be topped and trimmed extensively. She pointed out that no one from tie association is contesting the reforestation. Debra Allen, Parks, Beaches & Recreation Commissioner, distributed a letter from her neighbor and from the Cameo Community Association, and stated that a number of her neighbors, including -the President of the Harbor View Hills Community. Association, are present to support Harbor View South's application. She stated that it would expotieatially increase the cost to view communities toclain shell.trees She reported that, since the contractor will remove the trees forsm per tree, the associations can conduct large scale reforestations'and replant witli` the designated street tree. She reviewed-the process for,the assa:iations and expressed the opinion that the (itv,iias no business allowing t teir trees to violate and void the associations' CC&Rs. Tim Bro",' Parks, �Bea @ies C. Recreation Commissioner, expressed concern that, if this iequesi is denied, the City is not being consistent in its application of public policy. He noted that the other Commissioners did not &e 6nstrate that this request was different than the previous three requcsu'.lti expressea MaoI ncern for the life of the trees being removed. He stated thatprior to discussing this issue, PB &R had an emotional issue and believed that some'of that emotion carried over to this issue and had some influence on the vote. Mated that he lives in Harbor View Hills North and support for the request because view protection is Brian Corrigan stated that he moved to his neighborhood because of the views. He noted that a lot of effort went into the G -1 policy and his association works very hard to comply with it. He stated that some of the trees cannot be trimmed down without looking like a nub. He noted that the trees are only trimmed every three years, but, his trees will grow and block the view to the ocean within six months. He requested that Council remove the trees since he spoke to his neighbors, they are fine with the request, and he is paying for the reforestation. He believed that the PB &R Commissioners should've contacted him about his trees rather than just make a drive through the neighborhood. Volume 57 - Page 260 City of Newport Beach City Council Minutes May 24, 2005 INDEX Barry Allen stated that he is the Civic Affairs Officer for Harbor View Hills Community Association and reported that their association also has language in their CC &Rs regarding view preservation. He indicated that, if there is a complaint about a private tree, there is a process for investigating the situation. He emphasized that no one wants their view hindered by City trees. He expressed his association's support of staffs recommendation since the Harbor View Hills South Homeowners Association met all the G -1 policy requirements, will fund the entire cost for the reforestation, and the PB &R Commissioners who voted against the reforestation are not present to explain or support their position.,/ Lloyd Krause reported that the current trees are pruned -',by the City during its cycle but, within a few months, the trees grow.baci to the same height as before. He discussed photos that showed how quickly the trees grew and believed that the solution is reforestation.A'Ni. "• , t `i. -: Bud Volberding, Harbor Views Hills Community Association President, expressed the association's support of the recommendation and read the letter from the Chairman of the Cameo Reforestation' Committee. v Allan Beek stated that he agrees will all the speakers. t Harbor View South resident stated that it's hard toeRlain the dynamics of view sight lines, adding that`the sight line may appox'different when driving down the street versus seeing il►e.actual view. believed that it would be expensive to save the current trees due to their size, the location of the sidewalks and curbs, and the tbickriem,, a!X length of the roots. Further, it may be�impossible to safely-.e. trees. He stated that the G -1 policy iss goodpohcy that should be allowed to work. Council Member Ridgeway stated that the subcommittee worked on the current G-] po& formonths;andthei 'subcommittee, PB &R Commission, and the City Couricil`voted unanimously to approve it. He agreed that the trees_ cannot be harvested. He "reported that he called the Commissioners whn voted against this and was not given a clear reason why they voted the way-.:, iey did. Ire 'questioned why 24 -inch box trees were recommended— en 36 -inch box trees would fit in the parkways and asked who pays fort reforestation. Commissioner Allen reported that the applicant can on% be the homeowners association, but how the association raises the monk}* to pay the City is up to them. She explained that they diaq i require ro -inch box trees in the view communities because it costs about'E1,O00$er tree to take out the new tree and put in a 36 -inch box tree versus $200 per tree for a 24 -inch box tree. Further, 36 -inch box trees don't do as well in the five -foot parkways. Council Member Ridgeway stated that he has planted hundreds of trees in his developments and that he is not persuaded by the economic argument. Motion by Council Member Nichols to approve the reforestation request. Council Member Daigle stated that each tree has had so much pruning that they resemble a telephone pole more than a tree. She expressed her hope that what the City will be planting in its place will look good in ten years and won't grow to the heights that will need extensive pruning. Volume 57 - Page 261 City of Newport Beach City Council Minutes May 24, 2005 Council Member Ridgeway stated that he asked the Commissioners to tell him where the G -1 policy says they could vote how they did. He reported that they couldn't find a section. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Webb is. INTERIM URGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES: City Attorney Clauson reported that the voters adopted the Compassionate Use Act of 1996 which relieved certain qualified individuals and primary caregivers from State criminal sanctions for using marijuana for medical purposes when the qualified .individuals were seriously ill and a medical professional determined that the use of marijuana could help their medical condition. She stated that, since 1996, there have been a few cases published regarding `whether someone who was arrested for growing or selling marijuana would gtiaiifg as a primary caregiver or qualified individual. "SS6 reported that, in tdie last month, the City has received three inquiries about opening a medical marijuana dispensary or medical marijuana co -op. She ' stated that, after their investigation, they.had questions about whether the concept of medical marijuana dispensariea or medical marijuanaI co -ops was envisioned by this Act and whether it was legal. She reported that the other issue which is before the Supreme Court is the declaLDn whether Federal law regarding the sale and use of marijuana preempts State law. She noted that this decision hasn't occurred yet.'. GityAtiDrney Clauson indicated that they are recommending that Council adopt the,'inoratorium to give the City Attorney, Planning, and Police Departments. time to look at these types of facilities and determine how they might qualify as a primary caregiver, and to make sure the City generates appropriate regulations and identifications for locations and operations if it is determined that the City needs to regulate them. City Aitorneg Clauson reported that the urgency ordinance requires a 415 vote, morenformation will be brought back to Council in about 45 days, and then Council may decide to extend the moratorium for an additional 10 months and 15 days which would make it a year. She explained that they may need that much time since there are quite a few legal issues that need to be resolved. Further, they need to determine what the impacts are in order to come up with additional regulations. She explained that the State rules are specific relative to relief of criminal sanctions for primary caregivers and qualified individual; however, State law is not clear that a person can open a dispensary to sell it. She stated that they will need to find out how they operate, how they operate to qualify as a primary caregiver, and then determine the appropriate regulations so there are no land use problems. She noted that these facilities are so new Volume 57 - Page 262 INDEX (100.2005) City of Newport Beach City Council Minutes May 24, 2005 and the City has only received inquiries, so she is not sure what they would look like. City Attorney Clauson confirmed for Mayor Bromberg that, if someone opened a facility tomorrow and the Supreme Court determined that it wasn't allowed, the facility would close down by operation of law. She explained that they are doing this because there is no authority in the zoning code today for this type of business to open up as a use. Further, there is no identification in State law that authorizes operation. She indicated that it's her opinion and recommendation that they�� this, otherwise the City has no regulations and someone can open ad "these businesses, start selling marijuana, and the City will be foleced to issue some type of business license. She expressed the opinion dit.the State law is not clearly defined to allow the sale of medical mkijuanaafba retail use. She emphasized that the only thing the City is pposing to.prohibit is the City issuing any type of entitlement or buea sTicense to op!n a marijuana dispensary at this time. u Jim Hildreth stated that the voters approved this and the State and City . <.. have had plenty of time to figure out wbat.Was going.'-on. He indicated that the City already has places that can dispeiNeviedication, called drug stores, and he doesn't see what the complaint is. F%'itated that the people who use marijuana are in pain and use it for meth z%asoas, and people f. .. need to have compassion like thelaw,.says. Motion by Council Member 4 a � M $id¢ewav�W: adop�, Urgency Ordinance No. 2005 -7 placing a temporary 1orty -five (Ati). -ay moratorium on the establishment and operation of medicahmarijuangcdispensaries. The motion carried by the following roll call vote: Ayes: .. Heffernan, Rodaneky, {Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None kbsta —.Done Absent7' Webb Mayor, Bromberg recessed the meeting at 9:50 p.rrL and reconvened the meetingat 10:05 p.m. with all members of Council present. tw 19. TRIQ_GENERATION AND FISCAL IMPACT ANALYSIS OF THE GENERAL OLAN UPDATE LAND USE ALTERNATIVES. k" Woodie Tescher, EIP Associates, stated that Council changed, modified, and made additions to the land use alternatives. He indicated that, as a result of this process, they have been assessing the implications of the alternatives relative to traffic impacts, environmental impacts, and fiscal impacts. He referenced Table 20 in the staff report and stated that it lists the options used in the cumulative Citywide analysis. Doug Svensson, Applied Development Economics (ADE), utilized a PowerPoint presentation and reported that tonight's analysis does not account for inflation, reflects the annual operating costs and revenues, and does not address the capital improvements that may be required to Volume 57 - Page 268 INDEX (100 -2005) City of Newport Beach City Council Minutes May 24, 2005 INDEX support the developments. He noted that a fiscal analysis is not a market analysis. He displayed a graph of the relative impacts of various land use categories and highlighted the impacts of visitors to the community. He noted that they're only looking at one aspect of this tonight; however, all the land uses have economic relationships within the City that contribute to the fiscal outcome. He stated that they don't want to discard certain land uses on this basis, but want to build a land use mix that contributes to an overall balance. Mr. Svensson reported that, as the trip generation increases. ,the fiscal benefit also increases due to development. He added that ,iCis also a function of the land use mix within each alternative. He 44layed slides of the alternatives by major subarea. Regarding the "true m ums', he noted that the Newport Center area has the greatest potential for fiscal benefit, while the West Newport Industrial area counterlialances i"t,with a negative that relates to the expansion of the .hospital -which is a non- profit organization and doesn't pay property tax. I4e reported thaf`tli`is. alternative includes the option of leaving Banning Ranch as open space.. but noted that the cost of purchasing the land and m4intaining it would.6e substantial and is not included in these-.charts because the cost is uncertain and may even be an infrastructure post. For "subareas only minimums', he pointed out that the airport area plays a stronger role in generating revenue. He reported that the "maximiW: alternative has a strong contribution from the airportarea and Newport Center area. ' r Mr. Svensson displayed slides of the individual areas and reviewed the fiscal differences between the existing Q,6neral Piii'and the options. He stated that, for the ,airport area, tl a General Plan option has zero impact and the General Plan Advisory Committee (GPAC) options focus on mixed uses that add more commercial development and lodging. He indicated that, in the'Balboa Village area, the existing General Plan would have multi• family :ieridential:.aevelopment' and the options have different combinations of.'similar larid':uses'or adds commercial or lodging to the mix. For Banning Ranch, heTeported that the existing General Plan allawe a substantial amount of development, but because of its location, a lot of the development will tic industrial and office uses that don't do well from a fiscal .standpoint.' lie indicated that the options also include open space and a small resort. He stated that, in West Cannery Village, the c ;• alternative adds':` mixed uses. He indicated that the options for East Cannery Village.adds commercial or multifamily residential. Regarding Coi pia del Mai he stated that the existing General Plan and the options involve expanding the single family housing stock. He reported that, on Lido Isle, the General Plan allows some of the existing units to be replaced with two units. He indicated that, for Lido Village North and South, the existing General Plan doesn't have a great deal of development potential, but the options focus on lodging and commercial. Mr. Svensson reported that the General Plan allows some incremental development of commercial and lodging in Mariners Mile, and the options add mixed use development and marine uses. He stated that, in McFadden Square, the existing General Plan focuses on housing and the options add mixed uses and lodging. Regarding Newport Center/Fashion Island, he indicated that Option 1 focuses on increasing commercial and retail development and adds a substantial amount of lodging. He stated that Option 2 includes more office space and Option 3 adds more retail, but neither of these have Volume 57 - Page 264 City of Newport Beach City Council Minutes May 24, 2005 the same impact as Option 1. He indicated that, in the Old Newport Boulevard area, the existing General Plan adds single family housing and the options focus on additional medical offices and motel rooms. He noted that the West Newport Highway area already has lodging but the options look at replacing some of that with other development. He indicated that, for the West Newport Industrial area, he took the hospital out of the mix since it's a consistent element. He reported that the existing General Plan and Option 1 focuses on additional industrial development, Option 2 focuses on additional office development, and Option 3 replaces those uses with more housing. ,AL In response to Council Member Nichols' questions, ,, SvensAbn confirmed that this analysis did not include traffic anal 'Assistant . mac_ City Manager Wood reported that traffic impacts willbe discussed at the next meeting. y� Allan Beek asked if the fiscal benefit to the CiLT and fiscal benefit to the land owners could be compared. He also asked that the different'' relationships associated in the economic and fiscal 1kationships slide. be quantified. Mr. Svensson stated that there will bea.}her interest in developing the land uses if the market is strong an�the demand is there. He indicated that cities are faced with balancing between meeting market demand and having non - residential economic de%A"l .tnen He stated . that they do need to look more camfully at the amount, different land uses that they can reasonably `expe from the standpimt of what the landowners, developers, etc. want to ab:':ii�reporteil that an economic development strategy will be conducted taYocus ';meat the City can do to improve its job base,and to deal with the economic relationships between residential and no'n4esirlential land uses to be sure this balance is maintained over time. `. S21. PENDING RESIGNATIQN:OF KAYOR BROMBERG FROM THE CITY COUNCIL AND THE,bPT30NS AVAILABLE TO THE CITY COUNCIL FOR FILLING THEVACANCY IN DISTRICT 5. City Cle4k Harkless reported that staffs recommendation is to have Council declare, Districi' -5 to be vacant as of June 17, 2005, set the deadline for receiving applications and establish an interview date. She noted that, once Mayor Bromberg is sworn in as a judge, he can no longer serve on the Ci* Council. She read City Charter Section 403. She noted tliai Mayor Biomberg's term does not expire until November 2008; howeve% according to the Charter, the appointment will serve until November 2006 and then the seat will be on the ballot for the remainder of the twoyear term. She confirmed that the person can run for a full term in 2008. Council Member Heffernan believed that the Charter allows Council not to appoint someone within the 30 day period and then, by default, an election would have to be conducted. He asked how many times in the City's history has Council made appointments. City Attorney Clauson indicated that this has happened very few times. She stated that the Charter requires Council to fill the vacancy by appointment; however, if Council fails to fill the vacancy by appointment in 30 days, then an election is supposed to be called. She noted that the Charter says "shall appoint" and Volume 57 - Page 265 INDEX (33/100 -2005) City of Newport Beach City Council Minutes May 24, 2005 INDEX does not give Council the authority to say not want to appoint. Allan Beek believed that, since this is the Governor's fault, he should fix it by having a special election at less expense to the City than if the City had to call its own election. Mayor Bromberg noted that this would be violating the City's Charter. Mr. Beek indicated that it wouldn't if there happens to be a 3 -3 vote. He believed that it looks bad when almost half the Council Members are appointed. Mayor Bromberg stated that there is only one appointed Council Member seated. Council Member Rosansky noted that he is an elected Council Member. ^, Dolores Otting stated that this will be the thud appointme in l Y, years and noted that this person could be on Council for 11 Y. years mid ' probably qualify for a pension. She believed that this doesn't lookgood and the City needs an election. C.: Jim Hildreth agreed that we're a democracy and should have an electi on. . He noted that there could be a 3 to 3 split and believed that people should. prepare themselves for an election. City Clerk Harkless indicated that, with the resignation being effective June 17, the appointment needs to be made on ,pr- ,before July 17. She reported that she can run the legal notices for twn �nsecutive weeks ;. " ac starting Saturday, May 28 and tbe deadline to turn in".. cations can be after Saturday, June 4. She iodic- k4that, at the nextACouncil meeting, Council can confirm the parameters for' fhe„ interviews and set the appointment date; however, there .as nodiing'tbat''prevents Council from setting the interview date tonight'. She read the parameters that were established for the previous appointment and confirmed that Council can appoint someone on June 28. Council '.Member Rosansky noted that this had been done, at a special meeting. Council Member Ridgeway reported that there ' ht be three Council Members gone from July 8 to July 20. City Manager l6dad suggested mitring the appointment so there is a full Council on June 28: Motion by Mayor Brombere to 1) declare the District 5 Council seat to be vacant as of -June 17, 2005; and 2) establish that the process leading to the appointment of a 'successor as required by Section 403 of the City Charter will be that a) the deadline to turn in applications will be Friday, dune 10 at 5:06 p.m., b) the interviews will be conducted in the Council Chambers at a-` Special Meeting on Tuesday, June 21 at 6:00 p.m., c) the interviews, Wit be televised, d) about 25 minutes will be allotted to each Council`,ca didate for questioning which would include a two minute opening'statement and a five minute closing statement by the candidate, e) the order of the interviews will be determined by drawing the names from a hat, f) the candidates will be sequestered and return to the sequester area after the interview, g) if Council accepts the candidates, Council will appoint by a majority vote of the City Council, swear in, and seat the District 5 Council Member at that time. Council Member Rosansky recommended that the opening statement be five minutes and the closing statement be two minutes. Volume 57 - Page 266 City of Newport Beach City Council Minutes May 24, 2005 Mayor Bromberg amended his motion to change the opening statement to five minutes and the closing statement to two minutes. Regarding the appointment of a new Mayor, City Attorney Clauson indicated that, according to the Charter, an election for Mayor would be conducted at the time that the new Council Member is appointed. She confirmed that the Mayor Pro Tem is a separate position that's been identified to act in the absence of the Mayor, but not identified as someone who automatically takes over for the position since there is no succession in the City. She stated that this will need to be an agendizcd item either for June 21 or June 28. Mayor Bromberg believed that the. 'e Pro Tem would preside over the meeting until Council elects a ne4*.Mayor. Council Member Daigle asked if Mayor Bromberg can°.participAe in the n Mayor election on June 14. City Attorney Clauson . '6elieve8 ;Y&t he couldn't because there is no vacancy and pointed out :6e vacancy'as in the Council District, not the Mayor seat. She indicated t)iat she has not analyzed whether Mayor Bromberg could-, resign gas Mayor and then participate in the selection of a new Mayor prior to hie official resignation date. Mayor Bromberg requested that she look into tblr.,,. • Without objection, Council Member Rosansky suggested that this be brought back at the June 14 .Council meeting so t1WCity Attorney can research some of these issues. He added that the Mayq. aarbgould be elected at the June 28 meeting. Mayor Brombe rg@men ed his motion to indutSe direction for staff to bring back a staff report at the June 111 Council meeting that outlines the process for replacing the Mayor. The amended motion carried by the following roll call vote: Ayes: Heffernan, Rosansky. Ridgeway, Daigle, Nichols, Mayor Bromberg Noes " '17None Abstain: None Absent: Webb Noting that it was after 11 p.m., Council Member Rosansky recommended and received no objection to proceed with the Consent Calendar. _ y, N. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. RESOLUTION CERTIFYING FINAL EIR, RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO. 2004 -004, USE PERMIT NO. 2004 -026, MODIFICATION PERMIT NO. 2005 -030 AND TRAFFIC STUDY NO. 2004 -003; AND ORDINANCE ADOPTING PLANNED COMMUNITY TEXT AMENDMENT NO. 2004 -003 FOR NEWPORT LEXUS AUTOMOBILE DEALERSHIP (PA 2004 -153) — 3901, 3931, 3961 MACARTHUR BOULEVARD AND 848 AND 888 DOVER STREET. Council Member Ridgeway announced that he will be recusing himself on this item and left the Council Chambers for the remainder of the meeting. Volume 57 - Page 267 INDEX (100 -2005) City of Newport Beach City Council Minutes May 24, 2005 INDEX Council Member Nichols stated that there was discussion but no findings that the traffic allowed in and out of MacArthur Boulevard was appropriate or safe. He noted that the text was changed to allow a 55 foot parking structure which is also the prominent structure viewed from the street. Casey Griffin, applicant, reported that the parking structure is 35 feet. He noted that the element coming above the structure that makes it 55 feet houses the elevator shaft and is the same height as the tower element at the corner shopping center. He added that it is 60 feet lower than the building directly across the street. Council Memberl &hols asked Mr. Griffin if he could live with the 35 and 55' feet height restrictions because he intends to ask that this be put into 'the Toning code rather than have the ability at a later date to build the structiiie to 55 feet with a 70 foot elevator shaft. City Attorney Clauson'noted thii -these issues have already been decided and approved -*.6y Council at the last meeting. She stated that the documents were already approved by motion, this is not a reconsideration of the item, and is just a request for technical documentation to approve the re.;olution certifying the Environmental Impact Report (EIR) and introduce the ordinance that adopts the PC Text. She clarified that although the ordinance was included, discussed, and approved at the last meeting, this is the time to make changes to it, otherwise it would need to be reintroduced at the next meeting. Council Member Heffernan noted that etimmercial uses were not allowed over the entire parcel. Contract Planner Lepo confirmed that this is to change the use designation so Lents can sell cars on the entire parcel versus only part of the parcel. Assistant Ciiy Manager Wood pointed out that one of the sites had no height limit. Contract Planner Lepo stated that there is no height limit in the General Plan for the three acres that is currently designated auto center. He noted that the north portion of the parcel has an eight story height limit which means that the project is significantly lower. Contract Planner L.epo confirmed for Council Member Rosansky that Lexus will need to come before the Planning Commission if they wanted to add more floors to the parking structure. He assured everyone that they do not have the right to add more floors, even though it's within the height limitation. T' Dolores'1Qtting referenced page 25 of the staff report and asked if ingress and egress is still allowed on MacArthur Boulevard. Council Member Rosansky reported that the decision was to include a condition that the building permit would not be issued until the ingress and egress was reviewed by the Traffic Engineer. Assistant City Manager Wood noted that this is Condition No. 28. Council Member Heffernan stated that he spoke to the applicant, the Public Works Director, and the Traffic Engineer and reported that he is convinced that this issue will be carefully looked at before a building permit is issued. Motion by Council Member Heffernan to 1) clarify the City Council action of May 10, 2005, approving the Newport Lexus project, and Volume 57 - Page 268 City of Newport Beach City Council Minutes May 24, 2005 certification of the EIR, by adoption of Resolution No. 2005 -26 certifying the Final EIR and Resolution No. 2005 -27, as amended, approving General Plan Amendment No. 2004 -004, Use Permit No. 2004 -026, Modification Permit No. 2005 -030, and Traffic Study No. 2004 -003; and 2) clarify City Council action of May 10, 2005 approving Planned Community Text Amendment No. 2004 -003 for the project by introduction of Ordinance No. 2005 -8, read by title only and waive further reading, and pass to second reading on June 14, 2005. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Daigle, Mayor Bromberg Noes: Nichols ' Abstain: None a t: Absent: Webb ht 9. SUNSET RIDGE PARK: APPROVAL ; OF GIROUND LEASE, BUDGET AMENDMENT, AND ESCROW.INSTRUCTIONS. mac,. Assistant City Manager Kiff utilized . a PowerPoinKIi)Xesentation and re ' reported that, t, pursuant to Proposition 3. lire Oe`Zif'ornia Constitution allows land in the Coastal Zone to be transferred:a?ats acquisition price. He reported that SB124 was passed which allowed~,,t�g City to buy the land at $1.3 million. He explained that CalTrans wou'1 : knsfer the land to the State Parks and Recreation)Department and thw7 the City would lease it from them. He reported,that the eking is PeText which allows 15 units per acre, but six acres mist be.e neiglib8rhood or view park. He displayed the timeline . and confirmed that pail of the bill included a th stipulation that.e City, had to develop a park on the site within five years, so the City wou'IWie spent a lot more money than the acquisition price. Assistant City Manager Kiff reported that Council Member Rosansky was aggressive in pusbing.staff to work with the State Parks and Recreation Department on the ground lease in September 2004. He indicated that, during that time. Senator Campbell introduced SB306 which would allow the City to „have a 25:year lease rather than just a 10 -year lease. However, at the same `time, the State and Consumer Services Agency instructed the Parks and Recreation Department staff to stop working on the. City's ground lease and transfer of jurisdiction documents, and introduced ABA to try to repeal SB124. He stated that Mayor Bromberg Sent a' Utter opposing AB54 and the City Manager sent a letter to the Secretar9.'bf the State and Consumer Services Agency asking them to expedite SB124. He reported that AB54 passed the State Assembly, but still needs to pass the State Senate. He indicated that the City would have performed everything it needed to in order to comply with SB124 if Council approves the ground lease and sets up the escrow account tonight. He stated that the City will then go to the State, possibly with a letter from the City Attorney, to request that they perform what they need to do. Assistant City Manager Kiff emphasized that AB54 is not law and cannot become law until January 1, 2006. He stated that staff feels it would be great to purchase Sunset Ridge Park directly rather than leasing it, but the price is important. He reported that they are also working on Volume 57 - Page 269 INDEX 6 3743 (A) (38/100 -2005) City of Newport Beach City Council Minutes May 24, 2005 aggressively opposing AB54, unless it is amended to remove references to Sunset Ridge Park. He stated that the Little League and AYSO will be contacting the Governor. Further, the City continues to work with Senator Campbell and Assemblyman Tran. He provided the public with information on how to contact the Governor, Senator Campbell, and Assemblyman Tran. In response to Council Member Heffernan's questions, Assistant City Manager Kiff reported that, when he and Council Member Rosansky were in Sacramento last week, the State believed that the property wps worth between $10 million and $18 million. He emphasized that a qeA iii -.deal and, by law, the State is directed to transfer this land at S1.3mi1lion.'bity Attorney Clauson confirmed that the bill allowed the City tulease Sunset Ridge Park from the State after the City paid the moneg: She pointed out that the State Parks and Recreation Department has`slready agreed to the lease. Council Member Nichols received clarification from Assistant City Manager Kiff that the recommendation does not approve an $18 million price tag or open discussions for this amount. r r' Motion by Council Member Rosansky td authorize the City Manager or the Mayor to execute a Ground Lease with the California Department of Parks and Recreation for the Sunset Ridge Park property at Superior and Pacific Coas' Hip�isvay in a form' and substance r substantially similar to the Draft Ground Lease; 2)' approve a budget amendment (05B.4 -063) allocating:. $676,958 (in addition to the $680,000 already budgeted). I,o pay Califor ia`State Parks to take title to the property per the terms of Senate BiA 124 (Johnson 2001); 3) authorize the City to open.and admi.nister an escrow account to cause the Sunset Ridge Park property.to transfer from Caltrans to State Parks according to the provisions oFSB 124; and, in the event that State officials offer a direct sale of the Sunset Ridge''Park property (including Director's Deeds #040766 -01 -01 and #040766- 01 -02) to the City, authorize the City Mai ag to negotiate with Caltrans on a direct sale. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Daigle, Nichols, Mayor Bromberg Noes: None �1 i Abstain: None" Absent: Webb, Ridgeway 10. BACK; BAY SCIENCE CENTER — AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH GAIL P. PI CKART. In response to Council Member Nichols' concerns, Assistant City Manager Kiff clarified that the Resource Agencies have tentatively agreed to leave the Newport Aquatic Center (NAC) alone. He stated that they believe they're on the right path in helping the NAC keep its beach. He pointed out that the Resources Agencies that are dealing with the NAC have nothing to do with the Back Bay Science Center. Volume 57 - Page 270 INDEX C- 3481(F) (38/100 -2005) City of Newport Beach City Council Minutes May 24, 2005 Motion by Council Member Rosanskv to approve Amendment No. 2 to the Professional Services Agreement with Gail P. Pickart, P.E. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Webb, Ridgeway O. MOTION FOR RECONSIDERATION - None. P. ADJOURNMENT - 11:42 p.m �3 iiiiiiiiiiii- iiiiiii � \ - ^.,h • The agenda for the Regular Meeting was posted on May '18, 2005, at 3:00 p.m:.on the City Hall Bulletin Board located outside of the' City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on May 20, 2005, at 2:30 p.m on the City Rah 'Bulle n Board located outside of the City of Newport Beach Administration Building. ~ A.. Recording 5ecreWy ... City Clerk Mayor Volume 57 - Page 271 INDEX f�. City of Newport Beach City Council Minutes May 24, 2005 �A THIS PAGE LEFT BLANK INTENTIONALLY 1 • 1 Volume 57 - Page 272 r Ri ` r Y' I 1 Volume 57 - Page 272