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HomeMy WebLinkAbout01 - Minutes - 06-14-2005Council Agenda Iteri No. 1 June 28, 2005 CITY OF NEWPORT BEACH Cfty Council Minutes Study Session June 14, 2005 - 3:35 p.m. ROLL CALL Present: Heffernan (arrived at 3:55 p.m.), Rosansky, Webb, Ridgeway, Daigle, Nichols (arrived at 4:10 p.m.), Mayor Bromberg Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR - None., INDEX 2. BUDGET REVIEW PRESENTATIONS. C100 -2005) General Services Department Acting General Services Director Pisani utilized a PowerPoint presentation and reported that their budget is status quo with no new programs or new positions. He explained that they were granted a new Tree Arborivt position in March by the City Manager, but decided it was not necessary at this time so the position will be removed from the budget checklist: He stated that 46 %of their budget is for salaries and benefits, with contracts and material costs making up a majority of their budget. He showed slides of thcl.ncresses by division and their revenue estimates which will be increasing to $1:8 million. He reported that they are waiting for $200,000 from the .Federal Emergency Management Agency (FEMA) for reimbursement of costs incurred during the winter storms. He believed that they will receive this in September. Acting General Servirxs Director Pisan reported that, in the operations support division, they have additional expenditures due to the Corona del Mar Beach restroom rental through the summer,.-the purchase of four portable water pumps, an "d.;coiitmct steam cleaning. He stated that, in the refuse division, the Newport'Coast refuse collection will'cost about $75,000 more than last year and will increase every' year until build -out. He reported that, in the parks division, they're incurring expenses for the Castaways Park plant maintenance, upgrading the irrigation controller in Newport Coast, and incurring costs for the additiona'Ymaintenance 'f new park areas. He added that the increase in the 6110 accotint'(equipmerit maintenance) is due to the aging street sweepers and the increase in'metal costs for parts used to repair the trash truck bodies. He explained that the total division budget for parts and salaries and benefits is $1,897,000 which covers the cost to repair the City's fleet, less the Police Department vehicles. Acting General Services Director Pisani reviewed the slide of significant expenditures by division and pointed out that each cost that is not a materials cost is an outsourced service. He reported that the City will spend about $346,000 for auto parts, $625,000 in fuel which is charged directly to the departments, over $60,000 for repairs performed by the private sector on City vehicles, and $132,000 to phase out the eight electric vehicles. In response to Council questions, Acting General Services Director Pisani reported that the City has contracts with various vendors for name brand auto parts. Regarding the wireless system, he stated that the Corporation Yard and Volume 57 - Page 273 City of Newport Beach Study Session Minutes June 14, 2005 INDEX the Utilities Department will soon be communicating with City Hall via a wireless network at the request of the MIS Division and will use Hoag Hospital to reflect the signal back to the Yard and Utilities Department. Acting General Services Director Pisani reviewed the vehicle purchase slide and indicated that this is an average year with regard to the number of vehicle replacements, but the cost is a little lower than in the past due to there being no fire engine replacements. Acting General Services Director Pisani indicated that the General Services Department is facing several challenges the next fiscal year, inc�oing^neyw leadership, assuming new parkland and having new parks come online, renewing the 24 refuse franchise contracts which expire on January 9, 2006, and continuing Air Quality Management District (AQMD) regulations. Regarding the refuse franchise contracts, they want to develop a franAise system,that generates similar revenue but is easier to administer and audit He repoite'd that time is running out for the courts to help the City overturn the AQMD regulations, so the City will need to develop a plan in the next year to move to alternative fuel vehicles. City Manager Bludau reported that the City doesn't have any Compressed Natural Gas (CNG) or Liquified Natural Gas (LNG) trucks, and the mandate came out four years ago that all new heavy duty trucks need to be alternative fuel vehicles. He stated that the City has been putting new bodies on the refuse trucks to live with what it has because of a court case that might overturn that requirement and'to give the heavy vehicle industry an opportunity to perfect the technology. He indicated that it appears that the court case is not going to be overturned, so tlic City' will need to make some decisions in the next year or two as to which alternative fuel vehicle it will be going to. Acting General Services Director Pisani etated that CNG and LNG vehicles are currently the only choices for heavy equipment vehicles, but noted that there may be improved diesel vehicles in the future. Council Member Rosansky stated that one of the big issues in the City deals with outsourcing services and asked if the City's trash collection service is competitive with outside vendors. Acting General Services Director Pisani indicated.that the City will be surprised by how competitive their trash service is. He reported'that larger companies generally don't perform refuse collection in areas like Balboa Island and` the Peninsula. He added that the City is fortunate to have a transfer station in the yard which allows the small trucks to dump their loads, compared to a commercial company dumping elsewhere and costing much more. H6' tated that the City has not been approached by outside vendors to provide this service because the refuse community understands what it would take to provide residential collection in those areas. City Manager Bludau reported, that the last study was in the late 1980s or early 1990s in which it was determined that the City could do this service for less. He noted that the City's salaries and benefits are probably more than the refuse community would pay, but they also have a profit margin of 10% to 15 %. He stated that he is comfortable that a current study would show that the City is doing this service for less than any low bid provider. He confirmed that the Charter provides that the City must pick up trash at no fee to the residents as part of their property tax. Acting General Services Director Pisani explained that some sweeper companies have to change their trucks while refuse companies might have received a relief from the AQMD regulations through the courts. However, this does not apply to the public sector. City Manager Bludau stated that the City is not just relying on the previous study, but noted that they Volume 56 - Page 274 City of Newport Beach Study Session Minutes June 14, 2005 INDEX could do a new study 11 thats what Uouncil desires. He pointed out that the residents are very happy with the City's refuse service, but stated that some people believe it can be done cheaper. Council Member Ridgeway believed that, since the City does have to move to alternative fuel vehicles, it should undertake a full comprehensive study at that time. City Manager Bludau reported that this won't be an easy study to do because the City would almost need to go out to bid in order to find out costs. Council Member Daigle believed that the cost shouldn't be the only determining factor in delivering a service, noting that former General Services Director Niederhaus received the most compliments with regard to refuse service. Recreation and Senior Services Department Recreation and Senior Services Director Knight utilized e'PowerPoint presentation and reported that their proposed budget reflects a 12 % increase over last year. She stated that about 54% of the budget. is for salaries and benefits, 46% is for maintenance and operation (M &O),''ind contract services total about $1.1 million. She indicated that 10% of the total budget is for:..f:?` administration, 70% is for the recreation division, 'and 20% is for the senior services division, and displayed slides of what each division does. She highlighted the revenue sources and noted that some recreation programs and activities are required to be offset by revenues per City. policy. She reported that, by design, the City doesn't charge for a majority 6f the programs at the senior center, so it doesn't bring in a lot of revenue. She explained that some outside instructors charge a fee for their contract classes, but-the majority of classes are done through Coastline Community College at no fee or through volunteer instruction. She stated that the transportation fee reflects a suggested donation by the riders. She noted that there are off -hour facility rentals in the evening and over the weekend. She displayed a slide of the additional funding and service support to OASIS. Recreation and Senior Services Director Knight reported that there are new programs and increased costs, as well as increased revenues to offset the costs. She stated that the V rienda of OASIS have offered to expand the transportation program from three drivers and vehicles`to four. She reported that they are also requesting the addition of a full-time Playground Inspector position who is certified to identify *. he safety issues and is able to assist with playground equipment replacement to make'sure the City is meeting the State and Federal Aandards. She stated.that the City has about $1.1 million worth of playground equipment and, up to this point, one General Services employee was only able to look at each piece of playground equipment once a year. She indicated that they are mostly told about equipment problems by the public, but they prefer to be more proactive since there may be a liability if they aren't. Further, this will help the City keep up with the constant changes in the State and Federal playground equipment regulations. Recreation and Senior Services Director Knight also highlighted the program expansions which are mainly offset and covered through. revenue. Recreation and Senior Services Director Knight reported that, this year, they will be focusing on the future park development of Sunset Ridge, two new community centers in Santa Ana Heights and Newport Coast, taking a lead role in the City's Centennial Celebration, creating a greater marketing effort for their programs and services, increasing emphasis on the maintenance of the facilities, playgrounds and fields, developing an outreach plan for OASIS geared towards the Baby Boomers, and beginning plans for the capital campaign for the Volume 56 - Page 275 City of Newport Beach Study Session Minutes June 14, 2005 INDEX remodel, rebuild, or replacement of the OASIS Senior Center. Public Works Department Public Works Director Badum utilized a PowerPoint presentation, reporting that the only changes from last year is that they are asking for an additional inspector and there are 117 capital improvement projects instead of 100. He stated that the budget is basically status quo, except for the additional inspector. He displayed what each division does and highlighted the budget amounts. He noted that the trend in construction projects has steadily increased and indicated that the City conducts about $10 million of inspections per inspector versus the surrounding cities which are averaging about $5.5 mlllion'4er inspector. He explained that the inspectors aren't allowed to spend enough time on the job site and they have to rely on the contractor to take care `of business. He stated that, adding an inspector will put the City at about $7.5 miil6n per inspector. Public Works Director Badum reported that the significant expenditures include the on -call surveying services, geotechnical services, contract inspection services related to encroachment permits, and signal maintenance. He stated that most of the revenue for Public Works comes from parking meters. but added that they generate revenue through minor fees and encroachment permits. Utilities Department Utilities Director Davidson utilized a Power Point presentation, noting that the proposed budget reflects an increase of about.5.6 %.and the employee staffing is status quo with 53 full-time and 9.5 part-time euipk8 ees. He indicated that the new cost of water is factored into the presentation. He displayed slides of the electrical division, oil and gas division. water division, and wastewater division budgets, and noted that the salaries and benefit increases are mostly due to PERS. He reported that the large expenditures for the electrical division include Southern California Edison (SCE) fees for streetlights, signal lights, and pedestrian crossing ligfits, and for materials to repair the streetlights; the oil and gas division expenditures include the Sampson Oil Company contract, oil well services, and electrical services; the water division expenditures include energy costs, water. purchases; and,,City service charges; and the wastewater division expenditures_ include^ equipment maintenance and replacement, professional services, and City service charges. He noted that the electrical division does not collect revenues or fees; the oil and gas division will generate about $905,000; the water division will generate about $17 million without the water raie:increase: and the wastewater division will generate about $3 million. He reported. that, in the oil and gas division, there is a $115,000 increase which reflects a transfer.from the CIP to the well maintenance program. He stated that, in the water division, he is considering reclassifying one employee in the water quality: section and creating one position in water production. He reported that the major operation change includes the water purchase increase and pointed out that the last water rate increase was in 1996. He stated that the rate will increase from $2 per 100 cubic feet to $2.08 per 100 cubic feet, and the 3/ -inch fixed meter fee will increase from $3.50 to $4.50 a month (prorated for larger meters). He reported that these increases will come before Council on June 28 and the ordinance will have its second reading on July 26. Regarding the wastewater division, he stated that the operational changes include food service inspections, the annual camera program, the sewer manhole lining program, and the tree root foaming program. Volume 56 - Page 276 City of Newport Beach Study Session Minutes June 14, 2005 Laura Curran asked if tiered pricing for the water increase was considered. She also asked if there was data that showed how the City's recovery on recreation programs compared to other cities. She noted that there is an increase of 5% to 8.9% in salaries built into a majority of the budget and asked if this is a contractual obligation or a standard raise in city budgets. 3. STAFF TOP PRIORITIES FOR FY 2005 -06. Utilizing a PowerPoint presentation, City Manager Bludau reported that he asked the department heads and the assistant city managers to provide a ranked list of seven top priorities, he ranked his own top ten priorities, and then the list is brought before Council. He noted that this is not Council's priorities, but staffs priorities. He emphasized that it is more important this year that Council really give a lot of attention to this list because it is ambitious and staff is recommending that the City commit to them. He stated that. in order for staff to accomplish this list of priorities, they will need to focus and be disciplined with other things that come up during the year. City Manager Bludau reported that staffs first priority deals with sphere issues. He stated that they want to reach agreement with the Board of Supervisors relative to John Wayne Airport (JWA), the maintenance and ownership of the Coyote Canyon Landfill, formation of the redevelopment agency (RDA) and responsibility for the Santa Ana Heights RDA, and relieve the County of Back Bay staffing and maintenance responsibilities. He noted that this appears as one priority but there is a lot of work involved' afterward if they are successful. He stated that this priority has been assigned to himself and Assistant City Manager Kiff, with Consultant Bob Burnham also being involved. City Manager Bludau stated tbar the second priurity is the Local Coastal Program (LCP). He reported that the City has received comments back from the Coastal Commission' staff and suited that, if agreement can be reached with the Coastal Commission staff on key issues and subject to Council approval, then the City will want to complete the LCP certification process. He indicated that the City has.been working on this for three years and the staff assigned to this priority are Planning Director. Temple and Assistant City Manager Wood. City Manager Bludau indicate.d`ihat the third priority is the General Plan Update. He stated that they want to put the General Plan in position for a vote in November 2006. Ho noted that they need to meet the fee timeframes and get through the:.EnvironmBntal Impact Report (EIR) process in order to deliver a good product that Council supports and wants to put before the public. He stated that Assistant'City Manager Wood and Planning Director Temple are in charge of this priority. City Manager Bludau reported that Marina Park is the fourth priority. He indicated that this is a high priority because there's a lot of public interest. He stated that they want to establish a process to identify some of the options and alternatives that are available to Council. He believed that this may be one of the easier priorities to complete for staff because they aren't committing to what the final result will be, but are committed to going through the process so the options can be brought to Council to decide on what to do. He reported that Assistant City Manager Kiff will be responsible for this priority. Volume 56 - Page 277 INDEX (100 -2005) City of Newport Beach Study Session Minutes June 14, 2005 INDEX City Manager Bludau stated that the fifth priority is the City Hall complex and moving forward with the design development, including the development of the financing package and the temporary relocation plan for Council's final consideration in fall 2005. He reported that he, Public Works Director Badum, and Administrative Services Director Danner are responsible for this priority. City Manager Bludau indicated that the Centennial Celebration is the sixth priority. He reported that this is an intensive use of staff to support and facilitate the efforts of the Centennial Committee in planning and implementing the events. He stated that this priority involves Recreation and Senior Services Director Knight and the entire management team.:. JA`'; City Manager Bludau reported that the seventh priority is to' peiform an essential building assessment on the City's public safety structures (Phase 1), conduct a needs assessment study for those structures based on the assessment that was conducted in Phase 1 (Phase 2), and develop a financing plan which supports replacements or renovations when needed to the Police. Fire, and Lifeguard facilities (Phase 3). He indicated that, in it couple of years, the same assessment will be conducted for the rest of the City's public f' acilities that aren't public safety structures. He stated that Public Works Director Badum, Administrative Services Director Danner, Fire Chief Riley, and Police Chief McDonell are responsible for this priority. City Manager Bludau stated that the Maruners Library is the eighth priority. He reported that they hope to open the lib, a .'for public use in Summer 2006. He noted that this is a big effort for the library staff because, as the existing Mariners Library is operating, they have to prepare the new library for move in and public use. He stated that Library Services Director Katsouleas and Public Works Director Badum are responsible for t1iis priority. City Manager Bludau indicated that the community centers make up the ninth priority. He stated `that they 'Want to complete the! planning and begin constructing the Newport Coast and Santa Ana Heights community centers. He indicated that these projects will be coming before Council for final review. He reported,'that''"istant City .Manager Kiff, Recreation and Senior Services Director Knight, and Public Works Director Badum are responsible for this priority. He noted that the last major building project the City constructed was the Central Library in 1991 or 1992. City Manager Bludau reported that the tenth priority is Sunset Ridge Park. He stated that,.through its lease or purchase, the City wants to gain control of the park from the State Tor use as an active recreational park. He emphasized the City's need for more active parks and stated that they need to work with the legislators to secure this park for future planning. City Manager Bludau stated that the eleventh priority is the Santa Ana Heights Fire Station and Training Center. He noted that Fire Chief Riley and Public Works Director Badum are responsible for this priority. City Manager Bludau indicated that the twelfth priority is to develop a Citywide "Succession Planning and Leadership Training Program" to foster the development and growth of the internal talent. He reported that the staff members responsible for this priority include Fire Chief Riley, Building Director Elbettar, Recreation and Senior Services Director Knight, Police Chief Volume 56 - Page 278 City of Newport Beach Study Session Minutes June 14, 2005 McDonell, Human Resources Director Axley, and the new Human Resources Director, Barbara Ramsey. He pointed out that, within five years, at least half of the management team will be retiring. He stated that they feel that the City has a lot of talent within the organization, but nothing has been done to develop, train, or mentor that talent. He clarified that this doesn't mean that a department head vacancy will only be filled from within the organization; however, there are people who aspire or need to be groomed to aspire to top leadership positions in the community. He pointed out that there are people leaving the organization who have 20 to 35 years of knowledge and experience and stated that the City needs to make sure that the new generation of leadership gets as much benefit from those leaving as possible. Council Member Heffernan indicated that this is the most aggressive priority List that he has seen. Additionally, the City may be knocking down City Hall and relocating while still trying to operate. He asked if this list is too long. City Manager Bludau indicated that the soonest the City Hall project will begin is the end of next fiscal year. He noted that they haven't always accomplished all the priorities and that some of the priorities have been on the list for the last three or four years. He agreed that this is a very aggressive and ambitious list, but if these are really important to Council then focus and discipline need to be the keys to how staff operates for the next year. Council Member Rosansky applauded the list and stated that he cannot imagine pulling one of the priorities off the List. He noted that these are things the residents expeck." Council Member Daigle asked that traffic issues be added to the list since it is extremely important to the community. ':She added that staff may want to also include issues relative to schools. City Manager Bludau indicated that those types of issues will be ongoing and clarified ihat it's not like staff will not be doing anything else. He agreed that some things have a higher priority than others and, with so many issues out there, the City needs to give attention to those issues that are most important to the community. Mayor Bromberg indicated that the residents are used to the high level of service the City provides. He.stated that he is glad to see the twelfth priority because, when there is this type. of turnover, people will need to fill in the slots. City Manager Bludau reported'thaf people retiring with that much experience isn't only happening to Newport Beach. He noted that the private sector seems to be more attractive than the public sector right now and that the City is going to have toSlo a better job finding good people to take over key positions. Bernie Svalstad asked;�if the City gets $760,000 to do new controllers and fiber - interconnects,..whether that becomes a priority for this year. Public Works Director Badum reported that the City has been successful in getting Measure M money and.those projects are already in the proposed CIP. City Manager Bludau noted that the facility projects are putting a huge burden on Public Works and they have never had to look at so many public projects. 4. CAPITAL IMPROVEMENT PROJECT BUDGET REVIEW. Public Works Director Badum utilized a PowerPoint presentation and displayed the CIP expenditure history. He reviewed the CIP process and reported that they look at the costs versus public benefit and look at projects that leverage the City's money through grants or donations. He indicated that, once there is a list of projects, Public Works determines the timeline for the projects and how the Volume 56 - Page 279 INDEX (100 -2005) City of Newport Beach Study Session Minutes June 14,2005 INDEX projects will be manned. He stated that about $8.7 million worth of projects will be rebudgeted. He explained that most of the delayed projects are delayed only because of coordination issues with other projects or because they ran out of time. He added that they also had to pull staff off of projects due to the heavy rains. Public Works Director Badum reported that the CIP is a $3.6 million general fund allocation with the emphasis on facility rehabilitation and replacement. He assured everyone that they will also continue their emphasis on Master Plan infrastructure replacements and improvements. He explained how the CIP budget is broken down and noted that there are projects that havk'H)ien included in the budget because they aren't sure about the schedule or funding source. Council Member Ridgeway stated that, for the Back Bay dredging project,:the City is not expending any money at this time because the 16681 match was funded years ago. Assistant City Manager Kiff added that the County would manage this project. 1. Public Works Director Badum reported that they transferred about $500,000 from Tide and Submerged Land Funds into various maintenance and operating (M &O) accounts because it was determined that this funding wasn't a capital project. He stated that they transferred $100.000 into the' City Manager's budget for NPDES administration and $280,000 for Total Maximum Daily Load (TMDL) administration. Further, $120,660.,"s transferred into the Utilities Department budget for the oil field improvement program. He displayed a slide of the fund summary and concluded that the City has' :lout the same size capital program as last year. % 3 Public Works Director Badum stated that the total for the general fund facilities rehabilitation and remodel is $388,000. He noted that this doesn't include City Hall because it will be' added later''on depending on Council action this fall. Further, the Newport Coact Community Center is included because the annexation . agreement requires the City to pay for the fixtures, furniture, and equipment (FF &E) but they aren't sure what this cost or the timeframe will be. Regarding the Fire Department. Training Facility, he stated that the $75,000 reflects the Fire Department's savings by not being in a joint agreement with other cities. He noted that the training tower project has also received a grant for $350,000 which will to added to the redevelopment money. City Manager Bludau noted that this money is not reimbursable. Public Works Director Badum stated that there is $765,000 in the drainage and streets fund to conduct the annual sidewalk, curb and gutter replacement, the storm drain improvement program, the Newport Shores alley replacement project, miscellaneous street, bikeway, and parking lot improvements, and the general fund match for the Newport Coast groundwater source identification project. Assistant City Manager Kiff explained that this is the grant to study where the additional runoff is coming from in Newport Coast. In response to Council Member Daigle's question, Assistant City Manager Kiff believed that the Santa Ana Heights riding arena may be a cooperative project that could be added to the CIP, depending on Public Works' workload. He noted that it is fully funded by redevelopment money ($250,000). He stated that, if Council wants to go forward with this project, it needs to be discussed with Volume 56 - Page 280 City of Newport Beach Study Session Minutes June 14, 2005 IN117�1:1 Public Works and then plugged into the CIP so they could manage their workload. Public Works Director Badum believed that, through the sphere issues, the City would ultimately be getting more control over the redevelopment agency. He indicated that they want to talk with the Santa Ana Heights residents, look at their master plan list of projects, possibly generate a five year plan of how that could be accomplished, and bring it before Council for review. Council Member Daigle noted that the riding arena can come online in the next three or four months. Assistant City Manager Kiff confirmed that the horse arena and passive park projects are as close to ready as they can be. He reported that, with the horse arena, an agreement with the County is needed to accept the funds and build it, and then staff would work with Risk Manageihent and the City Attorney to develop a plan so a non - profit group absumes all management and liability responsibilities. City Manager Bludau suggested putting this project on the list. Public Works Director Badum reported that parks, neighborhood enhancements, and miscellaneous projects total about $1.9 million and displayed a slide Listing the projects. He noted that the Buck Gully Erosion Control Project is a City match project, they will continue the planning process for Sunset Ridge Park, complete the construction plans for Newport Village Park. and conduct a Beach Sand Monitoring Study. In response to Council Member Nichols' questions, Public�'Works Director Badum stated that the total for the Buck. Gully Erosion Control Project is $400,000 and they are thinking of installing either one or a series of smaller retention basins in the Gully to retain the dry flow. He indicated that most of the project deals with doing a study and a very small part is construction. He agreed that this project will probably lead to some other work and they are constantly looking for grant opportunities because the lower part of Buck Gully and Morning Canyon have issues. He clarified that the $500,000 grant is to be used to look at the entire Newport Coast watershed. Assistant City Manager Kiff reported that they were able to add grant money to a grant that is specific to Buck Gully in order to get through the planning and construction stages. He added that the City has received a $1 'million watershed study grant that will look at. all five drainage channels in Newport Coast. Public Works Director Badum stated that'the $800,000 Instruction money for Buck Gully will be in next year's budget and believed that the study is already underway. Public Works Director Badum reported that, with the $478,000 capital purchase, repair and automation_;' and communication CIP budget, they're hoping to replace the e'arpet at ,the Central Library, the City's jail video and audio equipment, and install City entrance monument signs. He stated that, with the $500,000 CDBG CIP budget, they want to use $450,000 for the next phase of the Balboa Village Improvements. He stated that this project is on hold because of the undergrounding process. Further, $50,000 will be used for the Citywide curb access ramp construction. Public Works Director Badum reported that most of the $2 million Gas Tax money is matching money to grant programs. He displayed the various projects and reported that Bay Avenue requires extensive storm drain work and the Marine Avenue Bridge Paving will probably be one of the more staff intensive projects. He confirmed that money has been carried over, as well as new money has been appropriated to the Port Street Traffic Calming Project. He stated that he hopes that this project will be done in a year. Public Works Director Badum reported that the tide and submerged land budget totals a little over $1 million and displayed a list of the projects. He Volume 56 - Page 281 City of Newport Beach Study Session Minutes June 14, 2005 I1017�1:1 stated that the ocean piers need extensive repairs. Public Works Director Badum displayed a slide of the contributions and grants which total $3.2 million. He reported that they spoke with the Corona del Mar Business Improvement District and residents in the area and it was determined that the problem at Coast Highway and Orchid is easily solved with a flashing crosswalk. However, the Iris location requires a traffic signal and they feel they need to work with the community to talk about whether to go forward with that type of project. Assistant City Manager Kiff explained that the Newport island Channel and Turning Basin Project is trying to find a way to send the "water back into the major part of the Bay rather than the Island. Public Works Director Badum displayed a slide of the transportation and circulation projects that total $827,000. He noted that the 'Corona del Max School Crosswalk Project will be discussed at tonight's meeting. He displayed.a slide of the Building Excise Tax projects that total $173.528,. -Hey stated that this funding is for improvements to the Balboa Peninsula fire Station, upgrades to the Santa Barbara Fire Station, contributions to the Fire Training Facility, and computer replacements at the Central Library. Public Works Director Badum reported that Measure. M funding totals $1.7 million. He indicated that the Turnback Funds are haled on the City's size and miles of roadway. He noted that these funds are leveraged toward other projects like the Hospital Road Project, the-Citywide Slurry Program, and the Placentia Avenue Reconstruction Project.' le reported that .the Competitive Funds total $500,000 and will be used towards 'sigifal .system improvements. Public Works Director Badum reported that the Arterial Highway Rehabiltiation Program (AHRP) fund totals a littic over $l M Anon and will be used towards the rehabilitation of Birch Street, Hospital Road, Jamboree Road, and Placentia Avenue. Public Works Director Badum slated that miscellaneous projects include using CI OSA funds For Dover Drive and Internal Services Funds for a crane for Building W ai the Corporation Yard Public Works.Director Badum reported that there is a placeholder in the budget for assessment districts because there.may be about $125,000 in design fees that the City may have.to pay. He noted that design fees are typically advanced by the City and reimbursed upon formation of the district, so there is no net effect on the City's budget unless the-district fails to be formed. Mayor Pro Tem Webb noted that a substantial amount of the City was built with utilities already underground and believed that 10% to 20% of the City still has utilities above ground. Public Works Director Badum reported $2.4 million and noted that the projects Plan. He stated that the Wastewater pointed out that the grease control device with these funds. that the Water Enterprise Fund is re generated from the Water Master Enterprise Fund is $1.6 million and study and inspections will be paid for Regarding other projects of note, he reported that tonight's agenda includes a staff report that requests an advancement of funds for the Mariners Library FF &E because they believe they can save money by getting their order in before the end of the year to beat the price increases. He stated that the fire station is currently $3.4 million but they know they're probably looking at a $6 million project. He noted that the Newport Coast Community Center is currently Volume 56 - Page 282 City of Newport Beach Study Session Minutes June 14, 2005 $6.5 million, but the FF &E still remains to be determined and budgeted. In response to Council Member Rosansky's questions, Public Works Director Badum stated that the traffic calming program established to date is located on page 93 and indicated that they have been budgeting $50,000 a year to conduct studies and minor improvements. He noted that the budget so far is $127,000 and that the traffic engineer indicated that the Newport Heights traffic calming study had about $1 million of potential improvements that could be built. He believed that there will eventually need to be additional funding but it will depend on what types of improvements Council wants and how they're going to pay for them. Mayor Pro Tem Webb stated that the traffic engineer told him that he was trying to put together a traffic calming meeting foi late July: Council Member Rosansky emphasized that traffic is the thirteeiith priority in the City and noted that the Newport Heights study has been ongoing for a year. PUBLIC COMMENTS -None. ADJOURNMENT - at 5:47 p.m to Closed Session to discuss and conference with legal counsel regarding litigation, conference with real property negotiator, conference with labor negotiator, and discuss threat to public services or facilities. The agenda for the Study Session was posted on June 8, 2005, at 2:25 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 56 - Page 283 INDEX City of Newport Beach Study Session Minutes June 14, 2005 INDEX THIS PAGE LEFT BLANK INTENTIONALLY Volume 56 - Page 284 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting June 14, 2005 - 7:00 p.m. STUDY SESSION - 3:35 p.m. DRAFT CLOSED SESSION - 5:42 p.m. A. RECESSED AND RECONVENED AT 7.00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Absent: None C. CLOSED SESSION REPORT - Mayor Bromberg reported that the City Council voted unanimously in Closed Session to conditionally settle a Federal lawsuit filed by the Newport Condominium Association regarding a closed City landfill site. A settlement agreement and tolling agreement were approved, and provide for the City to share financial and administrative responsibility for responding to a June 2002 order of the California Integrated Waste Management Board and local enforcement agencies to resolve methane gas concerns on the property. The agreement is effective provided that the conditions set forth in the tolling agreement are met. 10 E. F, PLEDGE OF ALLEGIANCE - Lt. Colonel David Furness of the 1st Battalion/lst Marines INVOCATION - Reverend Dr. George R. Crisp, Christ Church by the Sea United Methodist PRESENTATIONS 16t Battalion/lst Marines Presentation. Mayor Bromberg introduced Lt. Colonel David Furness, the commanding officer of the ls^ Battalion/161 Marines from Camp Pendleton, Linda Furness, Key Volunteer Coordinators (KVC) advisor, and Anne Oxner, KVC chair. Lt. Colonel Furness thanked the City for its support of the lst Battalion/lst Marines and presented a plaque of recognition to Mayor Bromberg, Deputy Administrative Services Director Dick Kurth and City Manager Bludau, who all serve on the 1/1 Committee. Proclamation for Randy Seton. Mayor Bromberg presented a proclamation to Randy Seton recognizing his service to the community and the environment, and honoring and commending him on behalf of the people of Newport Beach, its habitat and water quality. Volume 57 - Page 285 INDEX City of Newport Beach City Council Minutes June 14, 2005 INDEX Proclamation for Sergeant Major Dailey. Mayor Bromberg presented a proclamation to Sergeant Major Joseph Dailey recognizing him as a true hero for his service to the country, and declaring June 14, 2005, as Sergeant Major Dailey Day. 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): • Council Member Daigle announced that at the City Council meeting of June 28, 2005, video streaming will be implemented, which will allow for meetings to be broadcast on the internet and will be an efficient way to expand public access. • Council Member Daigle announced that she recently attended a Friends of the Library luncheon and learned that the Book Store raised over $200,000 for the library last year. Council Member Daigle explained that books are bought, read, donated back to the library and resold through the Book Store. • Council Member Ridgeway encouraged everyone to donate books to the library, so that they can be recycled and sold. • Council Member Ridgeway announced that Alice Smith, a resident on the peninsula, will turn 100 on June 18, 2005. He stated that she's an inspiration to everyone and he wished her a very happy birthday. • Mayor Pro Tem Webb noted that today is Flag Day. He complimented the Flag Day ceremony that was held the day prior, sponsored by Elks Lodge 1767. • Mayor Pro Tem Webb requested that the process begin to change the street tree designation on a portion of Dover Drive, from red capped gum to a tree to be recommended by the General Services staff. • Council Member Rosansky requested that staff analyze second -floor encroachments into alley setbacks, and respond as to how the encroachments might affect access through those alleyways. • Council Member Heffernan requested that the aerial of the City in the Council Chambers be replaced with a more current photo. • Mayor Bromberg announced that Hoag Hospital has donated $100,000 to the City's Centennial program. • Mayor Bromberg announced that the 12th Annual Balboa Island Parade was held on June 5, 2005. He stated that approximately 7,000 people were in attendance. • Mayor Bromberg recognized Newport Beach resident Jim Sellers for his Volume 57 - Page 286 City of Newport Beach City Council Minutes June 14, 2005 donation of a $1,500 weekend package to the Westgate in San Diego to a marine. Mayor Bromberg acknowledged Larry Tucker, Planning Commission Chairman, for his leadership and mediation efforts in regard to the St. Andrews Church expansion issue. CONSENT CALENDAR READING OF MIN UTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING OF MAY 24, 2005. Waive reading of subject minutes, approve as corrected to change the maker of the motion for approval of the Consent Calendar from Mayor Pro Tem Webb to Council Member Ridgeway, 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 INTROD UCTION 3. VEHICLE CODE ENFORCEMENT WITHIN ONE FORD ROAD. Introduce Ordinance No. 2005 -10 authorizing application of California Vehicle Code to Private Roads in the One Ford Road Community, and pass to second reading on June 28, 2005. Council Member Nichols asked if the One Ford Road Community Association Board had responded to the item. Public Works Director Badum stated he would have to look into it. ORDINANCES FOR ADOPTION 4. ORDINANCE TO APPROVE AN AMENDMENT TO PERS CONTRACT TO PROVIDE PRE - RETIREMENT OPTIONAL SETTLEMENT DEATH BENEFIT TO SAFETY EMPLOYEES. Adopt Ordinance No. 2005 -7, An Ordinance of the City Council of the City of Newport Beach Authorizing an Amendment to the Contract Between the City Council of the City of Newport Beach and the Board of Administration of the California Public Employees' Retirement System. 5. 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. Adopt Ordinance No. 2005 -8 approving Planned Community Text Amendment No, 2004 -003. Council Members Heffernan and Ridgeway recused themselves from voting on this item due to possible conflicts of interest. Council Member Heffernan abstained from voting on the item. Volume 57 - Page 287 INDEX (100 -2005) C -563 (381100 -2005) 1 (100 -2005) City of Newport Beach City Council Minutes June 14, 2005 INDEX RESOLUTIONS FOR ADOPTION 6. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (100 -2005) RENEWAL: ANNUAL REPORT FOR SHORTENED FISCAL YEAR 2005 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2005 -2006. 1) Approve Balboa Village Business Improvement District 2005 Short Year Annual Report; and 2) adopt Resolution of Intention No. 2005 -31 and set the public hearing for June 28, 2005. 7. APPOINTMENT TO CITY CENTENNIAL 2006 STEERING (100 -2005) COMMITTEE. Adopt Resolution No. 2005 -32 to expand the membership of the City Centennial 2006 Committee and allow additional members to be added in the future by a vote of the City Centennial 2006 Steering Committee, and approve the appointment of Richard Luehrs and Ray Halowski to the committee. CONTRACTS AND AGREEMENTS 8. BIG CANYON AREA JOINT SEWER PROJECT — APPROVAL OF A C -3775 REIMBURSEMENT AGREEMENT WITH ORANGE COUNTY (38/100 -2005) SANITATION DISTRICT AND APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WALDEN & ASSOCIATES FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES. 1) Approve Reimbursement Agreement with the Orange County Sanitation District for the realignment and rehabilitation of the Big Canyon Trunk Sewer; 2) approve a budget amendment (05BA -065) appropriating $140,450 in account 7251- C5600292 and increase revenue estimates by the same amount for reimbursement from OCSD to be received in FY 05/06; and 3) approve a Professional Services Agreement with Walden & Associates of Irvine for design and construction support services for the Big Canyon Trunk Sewer at a contract price of $140,450 and authorize the Mayor and City Clerk to execute the Agreement. 9. CORONA DEL MAR AREA PAVEMENT REHABILITATION — C -3650 COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3650). (38/100 -2005) 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. Council Member Nichols asked if the pavement rehabilitation will be done in the Shorecliff area only. Public Works Director Badum stated that he believed that most of the streets in the contract were Shorecliff streets, but that some other streets in Corona del Mar were added. 10. APPROVAL OF HARDWARE AND SOFTWARE PURCHASE TO (100 -2005) UPGRADE POLICE DEPARTMENT CAD AND RMS SYSTEMS. 1) Approve the sole source purchase from Northrup Grumman to upgrade the Police Department's Computer Aided Dispatch and Records Volume 57 - Page 288 City of Newport Beach City Council Minutes June 14, 2005 INDEX Volume 57 - Page 289 Management Systems' computer hardware and associated operating system software in an amount not to exceed $309,000 from the Police Department's Support Services Division Computer Capital Purchases Account #1820 -9010; and 2) authorize the Police Department to negotiate the terms of the Purchase Agreement subject to approval as to form by the City Attorney, and execution of the document by the City Manager. 11. TERMINATION OF EXPIRED AFFORDABLE HOUSING TRM 12079 AGREEMENTS. Execute Termination Agreements for two expired TRM 12208 affordable housing agreements (Plummer Court, 309 Cypress Street, and (TRM/100 -2005) Canyon Cove, 509 Morning Canyon). Council Member Nichols asked if affordable housing has a term and if so, if it's a set term. Assistant City Manager Wood stated that the term has varied and increased over time. Council Member Nichols confirmed that when the term is up, the housing can revert to market rate. 12. RETAIN THE FIRM OF CB RICHARD ELLIS, INC. OF NEWPORT C -3502 BEACH TO PROVIDE LEASE LOCATION ALTERNATIVES FOR (38/100 -2005) THE RELOCATION OF CITY HALL DURING THE POTENTIAL CONSTRUCTION OF A NEW CITY HALL. Approve the letter agreement to retain the relocation services of CB Richard Ellis, Inc. and authorize the City Manager to sign the agreement. MISCELLANEOUS ACTIONS 13. BUDGET AMENDMENT — CONTRACT CLASSES. Approve a budget (100 -2005) amendment (05BA -066) in the amount of $119,000 to increase the Revenue and Expenditures Accounts due to increased registration and new contract classes, which require additional payments to instructors. 14. Item removed from the Consent Calendar by Council Member Nichols. 15. Item removed from the Consent Calendar by Council Member Heffernan. 16. PURCHASE OF REPLACEMENT AMBULANCE COTS FOR USE (100 -2005) BY FIRE DEPARTMENT PARAMEDICS. Approve the purchase of five Stryker Power -Prorm battery powered ambulance cots for our paramedic units at an amount not to exceed $50,000 and authorize a budget amendment (05BA -068) to transfer $25,000 from the General Fund Paramedic Reserve to account 2340 -9300 to fund the balance of the purchase. 17. ASSESSMENT DISTRICT NO. 68 (NEWPORT SHORES) AND AD 68 ASSESSMENT DISTRICT NO. 69 (WEST NEWPORT) PROJECT AD 69 UPDATE. Receive and file. (89/100 -2005) 529. CLARIFICATION - MOU WITH LIDO PARTNERS, INC. - CITY C -3502 HALL / VIA LIDO PLAZA LOT -LINE ADJUSTMENT. Approve (381100 -2005) revisions to the Memorandum of Understanding with Lido Partners, Inc. Volume 57 - Page 289 City of Newport Beach City Council Minutes June 14, 2005 for conditional approval of a lot -line adjustment which was previously approved by City Council on May 10, 2005. 530. CONTRACT WITH FORMER CITY EMPLOYEE — JIM SINASEK. Authorize the Mayor to execute a Professional Services Agreement with a former employee, Mr. Jim Sinasek, to provide consultant services relating to Code and Water Quality Enforcement. Council Member Nichols asked for clarification on Item Nos. 3, 9 and 11. See individual items for discussion. Motion by Mavor Pro Tem Webb to approve the Consent Calendar, except for those items removed (14 and 15); and noting the correction to Item No. 1; and the recusal by Council Members Heffernan and Ridgeway and the abstention by Council Member Nichols on Item No. 5. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None J. PUBLIC HEARINGS 18. FISCAL YEAR 2005 -06 PROPOSED BUDGET HEARING. Administrative Services Director Danner stated that the City Charter requires that a public hearing be held on the proposed budget. Mayor Bromberg opened the public hearing. Hearing no testimony, Mayor Bromberg closed the public hearing. City Manager Bludau stated that council members should also request items that they want added to the budget checklist, so that a complete list can be prepared for City Council consideration on June 28, 2005, when the budget will be adopted. He confirmed that he had already received a list of items from Mayor Bromberg. Council Member Daigle requested that money be budgeted to lengthen the left -hand turn pockets on Jamboree Road that provide access to Eastbluff Drive. Secondly, she requested that a riding arena and park for Santa Ana Heights be included in the budget. She explained that these would be funded from the redevelopment funds and asked Mayor Pro Tem Webb to provide more information. Mayor Pro Tem Webb clarified that the request for the lengthening of the left-hand turn lanes only needs to be added to the project description for the existing Jamboree Road median project. Additional funds are not needed. The two projects in Santa Ana Heights would require funding of Volume 57 - Page 290 INDEX C -3776 (381100 -2005) (100 -2005) City of Newport Beach City Council Minutes June 14, 2005 $250,000 each, and the City would need to carry out the administration of the riding arena and the design of the passive park. Mayor Pro Tem Webb requested that two items be added to the checklist. These included the replacement of the trees on Dover Drive between Westcliff Drive and 161h Street, which he stated would cost $15,000 plus the use of some of the reforestation funds. Secondly, he requested that $30,000 be budgeted to repair and replace the landscaping and chain link fence adjacent to the East Costa Mesa channel. Lastly, Mayor Pro Tem Webb requested that the project description for the Mariners Joint Use Library fixtures, furniture and equipment costs in the Capital Improvement Program (CIP) be changed to allow any unused funds to be used to help pay for the demolition of the old building and the redevelopment of the park. Council Member Rosansky stated that he would submit his list to staff prior to the meeting of June 28, 2005. Council Member Heffernan requested that money be included in the budget to relocate the park facilities to provide for additional parking if construction of the Newport Coast Community Center begins. Motion by Mayor Pro Tem Webb to direct staff to prepare the Budget Resolution for adoption at the City Council Meeting of June 28 2005, including any "checklist" items that are recommended for approval. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor 19. 2005 -06 APPROPRIATION LIMIT HEARING. Administrative Services Director Danner stated that the State Constitution requires the City to set an appropriation limit each year at a public hearing. Mayor Bromberg opened the public hearing. Hearing no testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Rosansky to adopt Resolution No. 2005 -33 approving the City's Appropriation (Gann) Limit for the 2005 -06 fiscal year in the amount of $119,548,685. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Volume 57 - Page 291 leap)D/:1 (100 -2005) Bromberg Noes: None Abstain: None Absent: None 19. 2005 -06 APPROPRIATION LIMIT HEARING. Administrative Services Director Danner stated that the State Constitution requires the City to set an appropriation limit each year at a public hearing. Mayor Bromberg opened the public hearing. Hearing no testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Rosansky to adopt Resolution No. 2005 -33 approving the City's Appropriation (Gann) Limit for the 2005 -06 fiscal year in the amount of $119,548,685. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Volume 57 - Page 291 leap)D/:1 (100 -2005) City of Newport Beach City Council Minutes June 14, 2005 Noes: None Abstain: None Absent: None 20. PROPOSED UNDERGROUND UTILITIES DISTRICT (UUD) NO. 19 SANTA ANA HEIGHTS — MESA DRIVE, CYPRESS STREET AND A PORTION OF ORCHARD DRIVE. Public Works Director Badum stated that previously, there were some issues regarding the appropriate use of redevelopment agency funds to fund the district, including the individual hook -ups. All parties involved now agree that it is an appropriate use of the funds. John Friedrich, the appointed engineer for the assessment district, read Item No. 3 of the procedural summary of the engineer's report, in its entirety, and stated that the undergrounding in the public right -of -way and on private property will be fully funded by redevelopment agency funds. Mayor Bromberg opened the public hearing. Hearing no testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Daigle to adopt Resolution No. 2005 -34 establishing Underground Utility District No. 19. Council Member Daigle recognized Barbara Venezia in the audience and stated that she is the new chairperson of the Santa Ana Heights Project Advisory Committee (PAC). She additionally noted that PAC is dedicated in moving the assessment district, riding arena, park, fire station and community center projects forward. Barbara Venezia noted that she first brought the undergrounding idea to PAC ten years ago, and is looking forward to continuing to work with the City. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None K. REMARKS 21. COMMENTS FROM MAYOR BROMBERG [ORAL PRESENTATION]. Mayor Bromberg announced that on May 18, 2005, Governor Schwarzenegger appointed him to the Orange County Superior Court bench. As a result, he is required to resign from his position as a council Volume 57 - Page 292 INDEX AD 19 (89/100 -2005) [No report] City of Newport Beach City Council Minutes June 14, 2005 INDEX member, which he has. His resignation will be effective June 16, 2005. Mayor Bromberg stated that when he moved to Newport Beach 18 years ago, he learned that one person can truly make a difference. He explained that one of the reasons he ran for the City Council in 2000 was a desire to improve the infrastructure on Balboa Island. Since being on the City Council, approximately 85% of the streets, sidewalks and bayfronts that needed to be replaced have been replaced. The remaining are scheduled to be replaced. Mayor Bromberg stated that the past 4' /s years, as a council member, have been the most meaningful of his life. He complimented the staff that works for the City, and stated that they are topnotch and dedicated. Mayor Bromberg addressed his fellow council members by stating that the majority of the people in the City support and trust them. He urged them to continue doing the outstanding job that they're doing, to follow their conscience and to put policy before politics. He stated that there's still so much to accomplish, such as sphere issues, the airport, the general plan and Marina Park. Mayor Bromberg stated that he's going to miss being on the City Council, but will still be able to stay involved with the 1/1 Committee and the City's centennial efforts. In closing, he acknowledged his wife, Ronnie, who was in attendance at the meeting. Mayor Pro Tem Webb presented Mayor Bromberg with the traditional Mayor's Gavel Plaque, recognizing his service as Mayor, and a second plaque recognizing his service on the City Council from 2000 to 2005. Council Member Ridgeway stated that Mayor Bromberg has passion and integrity, and his efforts will be missed. Council Member Daigle thanked him for his assistance and advice. Council Member Heffernan thanked Mayor Bromberg for his support, his involvement and outreach, and Council Member Rosansky thanked him for setting such a great example. Jim Hildreth stated that he hoped that the truthfulness and heartfeltness that Mayor Bromberg has shown the community will not be overshadowed. He hoped the best for California and Newport Beach. L. PUBLIC COMMENTS • Tom Tobin, Chairman of the Parks, Beaches & Recreation (PB &R) Commission, read a letter from Gregory Ruzicka, Vice Chairman of the PB &R Commission, which discussed the PB &R Commission's recent decision on a reforestation request in Harbor View Hills South. Mr. Ruzicka took issue with Council Member Ridgeway's comments about the decision and provided the reasons why he did not support the reforestation request. Mr. Tobin stated that he also took exception to Council Member Ridgeway using the term "scofflaw" regarding the PB &R decision. • Dr. Jan Vandersloot agreed and stated that PB&R Commissioners Tobin, Ruzicka and Skoro used due diligence by visiting the site. He stated that Volume 57 - Page 293 City of Newport Beach City Council Minutes June 14, 2005 they checked for sidewalk damage and found none, and view impairment. Dr. Vandersloot stated that there were irregularities in the reforestation application. He requested that the City continue to require stringent adherence to Council Policy G -1, Retention or Removal of City Trees, which he didn't feel happened in this situation. In closing, he stated that the PB &R Commission is not to blame and that they did their job. • Jim Hildreth stated that the Grand Canal and access rights to the locations in the Grand Canal will continue to be his issue for a long period of time. He noted that what happened in the past with a particular City employee lying to the City Council reflects on all issues brought before the City Council, and that some changes need to be made in the City and with the truthfulness of its employees. Mr. Hildreth stated that coming up before the City Council shouldn't just be expediting his demise. • John Buttolph asked the City Council to allow the public to vote for the replacement of Mayor Bromberg's position on the City Council. He stated that two of the current council members were brought into office by appointment and the public should be trusted to vote on this current vacancy. Secondly, Mr. Buttolph asked if there would be an Environmental Impact Report (EIR) on the City Hall redevelopment project. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report - Ad Hoc General Plan Update Committee (GPUC). Assistant City Manager Wood reported that the next public workshop on the general plan update will be held on Saturday, June 25, 2005, at the OASIS Senior Center. Two repeat three -hour sessions will be held, one at 9:00 a.m. and one at 1:00 P.M. Status report - Local Coastal Program Certification Committee. Council Member Ridgeway reported that the committee will be meeting at 3:00 p.m. on June 20, 2005, to discuss the Coastal Commission's comments to the Land Use Element. Status report - Newport Coast Advisory Committee (NCAC). Council Member Heffernan reported that the committee's next meeting is scheduled for July 11, 2005. The agenda topics will include the result of potential traffic mitigation on the two truck supply roads, the diversion of students from Newport Coast Elementary school, and the progress being made on the Newport Coast Community Center. Status report - Mariners Joint Use Library Ad Hoc. Steering Committee. Mayor Pro Tem Webb stated that the steel is going up, which provides a skeletal view of what the library will look like. Status report - City Centennial 2006 Committee. Mayor Pro Tem Webb stated that the committees are excited about the celebration events, and announced that there will be a Rose Parade float design news conference at Rogers Gardens at 10:00 a.m. on June 21, 2005. Volume 57 - Page 294 City of Newport Beach City Council Minutes June 14, 2005 Status report - City Council/Citizens Ad Hoc Committee for Marina Park Planning. Mayor Bromberg stated that he expects the matter to be addressed by the City Council in July or August. Status report - City Council Ad Hoc Marina Park Advisory Committee. No report. Status report - Ad Hoc Committee for Revisions to the Zoning Code. Council Member Rosansky announced that the new committee held an organizational meeting and decided that a consultant should be hired to assist with some of the issues in simplifying the code. Status report - Finance Committee. Council Member Heffernan reported that the issuance of Certificates of Participation (COP's) for the potential financing of a new City Hall is being discussed by the committee. Status report - Building Ad Hoc Committee. Mayor Bromberg stated that three architects in Newport Beach have expressed an interest in participating in the design of the new City Hall. Mayor Bromberg requested that the June 28, 2005, City Council meeting include an item on the agenda to replace his position on the many committees that he serves. Secondly, he requested that the City Manager get back to Mr. Buttolph with an answer to the question he had during Public Comments regarding the City Hall project. N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 22. PLANNING COMMISSION AGENDA FOR JUNE 9, 2005. Planning Director Temple stated that the item on the agenda regarding a condominium conversion was continued and the item requesting a use permit for an alcoholic beverage outlet was approved without comment. She reported that the Planning Commission did spend some time on the request for a new restaurant in the Bluffs Shopping Center. She noted that because the center already has a significant parking problem, the Planning Commission added a condition of approval to require the development of a parking management plan and a valet operation management plan for the restaurant, as well as the center. Planning Director Temple reported that the item dealing with a general plan amendment and zoning amendment in Boll Center Newport was continued to the Planning Commission meeting of July 7, 2005, to allow the developer and the property owner of the parking lot to reach an agreement. Additionally, the Planning Commission reviewed the traffic and environmental analysis of the general plan alternatives. And, lastly, they considered the comprehensive update to the City's sign code and sign design guidelines manual. The Planning Commission asked for changes and continued the item for 30 days. Council Member Heffernan asked if the Planning Commission was done with the St. Andrews Presbyterian expansion project. Planning Director Volume 57 - Page 295 `RM11 (100 -2005) City of Newport Beach City Council Minutes June 14, 2005 INDEX Temple responded in the affirmative and stated that the Planning Commission has made its final recommendation to the City Council. Council Member Daigle noted that the City Council is not expected to meet on July 12, 2005, and asked how call-ups would be handled for Planning Commission decisions made at its meeting of July 7, 2005. City Manager Bludau stated that the call-up provisions could be waived by the City Council and noted that at the City Council meeting of June 28, 2005, the City Council will determine if it will meet on July 12, 2005. O. CONTINUED BUSINESS 2a. MARINA PARK MOBILE HOME PARK- CHANGE OF USE ISSUES Marina Park (contd. from 5/10/05). Mobile home Park City Attorney Clauson reported that the City Council Ad Hoc Marina Park (73/100 -2005) Advisory Committee made up of Council Members Ridgeway and Rosansky, and Mayor Pro Tem Webb, met on April 13, 2005, to discuss the various issues associated with the potential closure of the Marina Park mobile home park. She stated that the process is expected to take approximately 18 months, and the committee is recommending that the process begin. Mayor Bromberg recessed the meeting at 8:40 p.m. and reconvened the meeting at 9 :07 p.m with all council members present. Mayor Bromberg announced that the area had received a tsunami warning as the result of an earthquake in Northern California. He stated that the meeting would be adjourned early as a precaution. Police Chief McDonell reported that at 7:50 p.m., there was a 7.0 earthquake approximately 90 miles off the coast of Crescent City, California, and that it triggered an automatic tsunami warning from the U. S. Geological Survey. He stated that no activations or evacuations are planned by the Orange County Emergency Operations Center, and there are no indications that a tsunami will hit the area. 23. MARINA PARK MOBILE HOME PARK - CHANGE OF USE ISSUES [continued]. Council Member Ridgeway stated that the new president of the Marina Park Homeowners Association has indicated his understanding of the City's right to begin the process for closure of the park. Motion by Council Member Ridgeway to direct staff to begin legally required steps to change the use of the property to an interim open space condition, including the preparation and submittal of a relocation report to the Marina Park residents and the City Council for consideration at a public hearing. Council Member Nichols stated that the action is premature. He explained that the park is paying for itself, and it, doesn't make sense to Volume 57 - Page 296 City of Newport Beach City Council Minutes June 14, 2005 close the park and lose the income. Council Member Rosansky noted that it has been determined that the use at the Marina Park site will be changed, and the recommended action is to determine how to go about the process, how long the mobile homes should be allowed to stay, if revenue can be derived from the property until the change in use is decided, and to identify funds and obtain the necessary approvals for the chosen alternative. Jim Hildreth stated that Marina Park used to be called the Newport Campground, and its current use is appropriate. He stated that the site is open to the public and there is no reason to make a change. Substitute motion by Council Member Nichols to not proceed with any changes at the site until a decision is made on the use of the site. Council Member Heffernan agreed with Council Member Nichols comments, but stated that the process for relocation needs to begin so that the overall costs can be determined. Council Member Rosansky added that the first step in the process to relocate the residents of the mobile home park is to conduct a relocation study, which will outline the various costs involved. Council Member Nichols withdrew his substitute motion. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None Q. ITEMS REMOVED FROM THE CONSENT CALENDAR [taken out of order] 14. BOARD AND COMMISSION SCHEDULED VACANCIES — CONFIRMATION OF NOMINEES. Motion by Council Member Rosansky to confirm the nominations made by the Ad Hoc Appointments Committee: Harry Hamilton, Board of Library Trustees; Gerald Allison, Dennis Baker, Rita Goldberg, Robyn Grant, Helen McCarthy and Kirwan Rockefeller, City Arts Commission; Bert Carson, Douglas Coulter and Charles Gross, Civil Service Board; Seymour Beek, Scott Ramser, Ralph Rodheim and Tony Melum, Harbor Commission; Allen Doby, Phillip Lugar, Roy Englebrecht and Errol Frank, Parks, Beaches & Recreation Commission; and Marti Klein, Michael Toerge, Ron Baers and Michael Henn, Planning Commission. Council Member Nichols stated that it seems that the procedure has changed on how the appointments are made. He explained that in the Volume 57 - Page 297 INDEX 1 (100 -2005) City of Newport Beach City Council Minutes June 14, 2005 INDEX Volume 57 - Page 298 past, a recommendation is made by the council member of the district where the vacancy occurred. After a brief discussion, it was determined that Council Member Nichols misunderstood and was referring to how some committee appointments are handled, and not to how board and commission appointments are handled. Additionally, Council Member Nichols was informed that he could make a recommendation to add names to the nominee list. He could also make a recommendation to change the procedure for board and commission appointments, and have that agendized for a later meeting. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: Nichols Abstain: None Absent: None O. CONTINUED BUSINESS [continued] 24. CODE AMENDMENT NO. 2005 -001 AMENDING TITLE 19 OF THE (100 -2005) MUNICIPAL CODE RELATED TO PARKING STANDARDS FOR CONDOMINIUM CONVERSIONS (PA 2005 -015) (contd. from 5/10/05). Item continued to the City Council meeting of June 28, 2005. 25. CHARTER PROVISIONS AND PROCEDURE FOR ELECTION OF (100 -2005) MAYOR. Item continued to the City Council meeting of June 21, 2005. S31. SCHEDULING OF THE PUBLIC HEARING FOR THE ST. (100 -2005) ANDREWS PRESBYTERIAN CHURCH EXPANSION PROJECT (PA2002 -265). Item continued to the City Council meeting of June 28, 2005. P. CURRENT BUSINESS 26. NAMING OF PARK LOCATED BEHIND THE NEWPORT BEACH (100 -2005) CENTRAL LIBRARY. Item continued to the City Council meeting of June 28, 2005. 27. TRAFFIC SIGNAL INSTALLATION AT EASTBLUFF DRIVE AND (100 -2005) ALBA STREET. Item continued to the City Council meeting of June 28, 2005. 28. TRAFFIC AND ENVIRONMENTAL ANALYSIS OF GENERAL (100 -2005) PLAN UPDATE LAND USE ALTERNATIVES. Volume 57 - Page 298 City of Newport Beach City Council Minutes June 14, 2005 Item continued to the City Council meeting of June 28, 2005. Q. ITEMS REMOVED FROM THE CONSENT CALENDAR [continued] 15. DONNA AND JOHN CREAN MARINERS BRANCH LIBRARY AND TENNIS COURT FUNDING. Item continued to the City Council meeting of June 28, 2005. R. MOTION FOR RECONSIDERATION S. ADJOURNMENT - at 9:30 p.m., to 6:00 p.m. on Tuesday, June 21, 2005, in memory of Alma Thompson * * * * ** *ter * * * * * * * * ** The agenda for the Regular Meeting was posted on June 3, 2005, at 2:25 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 June 10, 2005, at 2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building City Clerk Recording Secretary Mayor Volume 57 - Page 299 INDEX C -3496 (38/100 -2005) City of Newport Beach City Council Minutes June 14, 2005 `I I►I 17D/:1 THIS PAGE LEFT BLANK INTENTIONALLY. Volume 57 - Page 300