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HomeMy WebLinkAbout01 - 5-23-2000June 13, 2000 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes ����� Study Session May 23, 2000 - 4:00 p.m. INDEX ROLL CALL Present: Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Absent: Thomson and Glover (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In response to Council Member Ridgeway's question regarding Agenda Item No. 4 (Recycling Service Fee), General Services Director Niederhaus reported that the fee referenced on page 2 of the staff report is the only fee the residents pay and is generally referred to as the recycling surcharge or recycling service fee. Regarding Agenda Item No. 7 [Undergrounding Utilities in Proposed Assessment District No. 78 (Little Balboa Island)], Council Member Ridgeway requested that the amount on page 2 of the staff report be corrected to read $4,517.00. 2. FISCAL YEAR 2000 -2001 DEPARTMENTAL BUDGET REVIEW. City Manager Bludau stated that Administrative Services Director Danner will start the presentation and that the report is in response to a question Council Member Glover raised regarding flat revenues. Administrative Service Director Danner reported that he looked at the 1998- 1999 actual revenues and backed out any one -time revenues that were included in that figure (i.e. long term debt proceeds). Additionally, he took the net affect of all the transfer -ins and transfer -outs in the General Fund, primarily in the Tidelands Fund, and compared that to the amount that was requested for the 1999 -2000 fiscal year. He stated that the shortfall was 4.4% and, compared to the 1999 -2000 budget year, it was 6.2% for a no growth revenue budget even though some revenues will grow in spite of what is reviewed today. He indicated that the property tax normally grows 2% a year due to assessed valuation and the sales tax will grow at least minimally. He pointed out that he prepared the report on March 30 which was before the proposed budget was finalized and that the figures could have changed since then. Mr. Bludau reported that the department heads were given direction to not increase maintenance and operation expenses (M &O) since computations were already made for employee salary and benefit increases. He stated that any additional funding requests came in the form of supplemental requests which were reviewed on a case -by -case basis. He reviewed the items listed Volume 53 - Page 361 2000 -2001 Departmental Budget Review (40) City of Newport Beach Study Session Minutes May 23, 2000 INDEX in the staff report that were funded as supplemental items. Regarding each Council Member having $7,500 to spend in their districts, Council Member Debay requested and received confirmation from Mr. Bludau that she could use the funds for doggy bags in the parks as long as it is a legal expenditure. He indicated that the City would keep record of everyone's expenditures but does not have the forms available for the requests at this time. Regarding Peggy Ducey's contract, Mr. Bludau reported that her contract expires August 15 and includes a 60 day notification period. He stated that he spoke with Ms. Ducey today who indicated that she has been looking at other options. He confirmed that the $250,000 is inclusive of the $155,000 for Ms. Ducey's contract and is not entirely for the Orange County Regional Airport Alliance ( OCRAA) even though they have $100,000 that is not yet expended. The remaining $100,000 in the 2000 -2001 budget gives Council an amount to discuss relative to airport issues. In response to Mayor Pro Tem Adams' question, Mr. Bludau indicated that Council Member Glover asked him to submit two items for the checklist: a Senior Planner position that would deal with the airport area and any planning issues that would impact John Wayne Airport (JWA), and for a reorganization. The Senior Planner would be charged to the Planning budget. Council Member Debay indicated that she assumes that the City is on hold when it comes to airport issues. She stated that she spoke with Ms. Ducey and also assumes that the City, along with the other cities, would continue to fund OCRAA and that OCRAA would be the entity to find a new Executive Director if Ms. Ducey stepped down. Mayor Pro Tem Adams believed that the worst case scenario would be to pay Ms. Ducey half of the contracted $155,000 and continue the City's contribution to OCRAA. He emphasized that the other OCRAA members need to step up to the plate and noted that he would be opposed to the City bearing the entire cost for an Executive Director beyond Ms. Ducey's contract tenure. He indicated that the other cities are not pitching in because they do not have to, but the City should make note that they need to assist more with funding. Council Member Debay added that Bruce Nestande and Dave Ellis are working with the Airport Working Group (AWG) but she does not want to see them cross over into OCRAA. Regarding the City Clerk's request for $15,000 to conduct signature verification on the Traffic Phasing Ordinance Initiative, Council requested that the initiative not be referred to as the "Red Light Initiative ". Regarding the City Manager supplemental list, Council Member Ridgeway noted that there is nothing in the budget for bio -assay or chemical testing. Deputy City Manager Kiff indicated that he is fairly optimistic that the City will receive State money for the tests but will find out within the next few weeks if funds are granted. He hoped that the funds will then be included as a budget amendment to the current budget, otherwise it will go into the Capital Improvement Plan for the coming year. However, if the State does Volume 53 - Page 362 City of Newport Beach Study Session Minutes May 23, 2000 loop] not provide funds, the City will need to put the issue on the budget checklist. Public Works Director Webb noted that there is $150,000 in the Tidelands Fund under Bay Dredging, that has yet to be spent. Mr. Kiff clarified that there is less than $100,000 left in that fund, but they have identified other uses for it. He reported that everyone's costs will be cut dramatically if the City can complete the bio -assay tests and show that the sediment is relatively clean. Council Member Ridgeway added that each applicant will pay for individual dredging and spoil removal costs if it has to go out to sea; however, the intent is to use the spoils against the sea walls. In response to Council Member Debay's questions, Mr. Bludau confirmed that, with the Marine Division reporting to the Deputy City Manager, the Fire and Marine Department's name will change to Fire Department and the lifeguards will be a division of the Fire Department. Council Member Debay noted that the County contributed $100,000 toward lifeguard costs prior to the County's bankruptcy and believed that it is time for the City to request these funds again. Mr. Bludau indicated that they will explore that option and make a request to the County. Mr. Bludau added that the City had five Fire Inspectors in the early 1990s, and with the approval of the proposed position in the Fire Department, the City will now have three Fire Inspectors. Mayor Noyes asked about the funding for the General Plan revision. Assistant City Manager Wood confirmed that there is $40,000 in the Capital Budget and $400,000 in the Community Development Block Grant (CDBG) fund ($30,000 is for administration and public services). Council Member Ridgeway asked if it is the City's intent to include a General Plan revision in next year's budget. Mr. Bludau noted that the appointment of the General Plan Ad Hoc Committee is on tonight's agenda and that the Committee will be coming back to Council with a recommendation. Ms. Wood confirmed for Mayor Noyes that the City budgeted $100,000 for the airport area, but stated that the funds are for the airport area General Plan Amendment and specific plan that was recommended by the Economic Development Committee (EDC). She clarified that EDC recommended that the airport area move forward, but this is another issue that the General Plan Ad Hoc Committee can discuss and make a recommendation about. Regarding the transfer of harbor construction permits from the Fire Department to the Building Department, Mr. Bludau reported that $10,000 would need to be added to the Building budget for document imaging and $6,000 for plan check overtime. Council Member Ridgeway added that he spoke with the Building Director who indicated that a set of standards for pier construction and gangways will be budgeted and that they intend to hand out a sheet to contractors which lists these minimum standards. Mr. Bludau noted that the $25,000 for the Permit Technician position in the Building Department will only pay for six months of service and that it is anticipated that the other half will be paid from annexation costs. He stated Volume 53 - Page 363 City of Newport Beach Study Session Minutes May 23, 2000 INDEX that Mr. Elbettar spoke with him during the budget review about their high activity levels and believed that the Permit Technician position should have been recommended in the budget. He stated that the public is commenting on how terrific it is to work with City employees but that the plan checks are taking longer to conduct. He indicated that this is a function of the activity level, but agreed that five weeks is too long to wait for a plan check. Mr. Bludau reported that employees are working overtime and the City is also using contract services to perform this function. He clarified that, if a complaint is received, it is usually over the contract services not the City employees. Regarding the General Services budget, Mr. Bludau reported that it is proposed that one Refuse InspectorlRecycling Coordinator position be funded by costs offset by the recycling fees to ensure that the City meets its legal requirement. He explained that the City needs to squeeze the extra percent that is needed in order to meet the 50% goal since it is already at its 50% mandated cost, otherwise the City faces heavy fines. Mr. Bludau also reported that the $50,000 for the CIOSA open space maintenance will eliminate a couple of part -time positions in order to fund an additional Equipment Operator position for beach and storm drain maintenance to assist in water quality improvements. He explained that the City is increasing its responsibility for the maintenance of the open space that the City received from The Irvine Company. Regarding the Community Services budget, Mr. Bludau stated that the City was considering cutting some programs because they did not fit into the no growth budget but realized that some of the programs were paying for itself. He indicated that the City should encourage adding any program during the year that pays for itself. Regarding adding a Traffic Engineering Technician position in the Public Works Department to monitor the efficiency and effectiveness of traffic signal operations, Mr. Bludau noted that it seems like the lights operate differently for the various directions and that the timing tends to frustrate people when they do not see a need for it. He believed that the City should give high attention to the signals daily to make sure they are functioning properly. Council Member Debay commended Mr. Bludau for adding this to the checklist, noting that there are many traffic initiatives surfacing at this time. She believed that the quicker and more efficiently people can move around, the better off everyone is. She pointed out how difficult it is to drive on Pacific Coast Highway and Superior during the summer. Following his review of the supplemental list, Mr. Bludau reported that there are very few changes in the $89 million budget even though there are some restructuring, new positions, and new programs being proposed. He stated that he did miss some things since this is a new experience for him and that, as Council reviews the budget detail, there are a few things that he will be asking to be added to the "wish list." Further, staff will be coming back to Council with an annexation budget in about four to five months when they have a better handle on when the annexation will take place and what the costs will be for the annexation. He pointed out that the City will have up front costs if it assumes the annexed territories on January 1. He Volume 53 - Page 364 City of Newport Beach Study Session Minutes May 23, 2000 INDEX reported that this may be for up to six months until the City receives revenues in return, especially property tax revenues, but indicated that the City needs to set some money aside now. In response to Council Member Ridgeway's questions, Mr. Danner stated that the City receives eight property tax payments a year from the County but that it does not start until December. He noted that it is hard to predict the amount of each payment. Regarding property tax payments if the annexation occurs on January 1, Mr. Danner stated that the County would need to make an allocation to the City since the City will not be seeing any direct payment from the annexed areas until December 2001. Mr. Bludau added that staff intends to work on receiving the payments since the City should receive six months of property tax money. Council Member O'Neil asked what percentage of the property tax comes back to the City and who decides that formula. Mr. Danner reported that the formula was established by the County auditors after Proposition 13 passed in 1978 and AB 8 passed in 1979, but is ultimately decided in Sacramento. The City once received about 20 %, but now receives 17 %. He added that, through the current fiscal year, the City has had $27 million diverted from the City to the Education Revenue Augmentation Fund (ERAF) and public education. Council Member Ridgeway stated that he believes that 75% of property taxes are mandated to go to the State for education (46 %), ERAF (3 %), and various entitlement programs. Mr. Bludau clarified that the percentage received varies from city to city. Mr. Danner reported that the City receives the same percentage for commercial properties. He indicated that they compute how many people do not pay their taxes as part of their annual report and that it is usually less than 2 %. Mr. Bludau pointed out that a listing of all the supplemental budget requests are included in the staff report and totaled almost $1.4 million; however, only $645,000 was budgeted. He reported that the City told the departments to calculate their budgets without increasing the M &O because it is a good technique to use in making sure that the departments justify anything above and beyond what they are currently spending. He stated that, if there is fat in the budget, it will remain in the budget because it is not spent. Police Chief McDonell stated that the Police budget is up 2.44% from last year. He noted that personnel costs are up by 2.5% which represents about 87% of the total; the M &O is up 4.3% which is about $177,000; and $104,000 of the $177,000 is budgeted for vehicle costs. He pointed out that, if the three approved items from the supplemental list were removed from the budget, there would only be about a 1.8% increase. He added that the Police Department reduced its capital expenditures by 61% (about $100,000). In response to Mayor Noyes' question, Chief McDonell confirmed that the City is self-insured for vehicle damage. Mr. Bludau added that the Police Department is being very aggressive and successful at receiving funding Volume 53 - Page 365 City of Newport Beach Study Session Minutes May 23, 2000 INDEX from other sources to cover costs. Regarding an accident in which an officer was rear ended, Council Member Ridgeway asked if the recovery amount includes the cost for the equipment in the vehicle. Chief McDonell confirmed that they total all numbers and that it is included as part of the recovery effort. He added that some of the costs, i.e. worker's compensation, are hard to determine and noted that the officer is still recovering from the accident. Council Member Debay thanked all the departments for the summary they included in the Resource Allocation Program (RAP). She stated that she takes the RAP with her wherever she is asked to speak because it has all the answers she needs. Mayor Noyes asked about the BMW motorcycles and Chief McDonell reported that the eight motorcycles are a virtual wash in terms of the outlay since they have a guaranteed buy back. Deputy City Manager Kiff noted that the City Manager covered many of the items in the City Council budget. He reported that Ken Emmanuel's three year contract for State legislative advocacy was appropriately moved from the City Manager's budget to the City Council budget because Mr. Emmanuel more so represents the City and the Council. Further, he reported that the newsletter costs were pulled from the advertising and publication budget; a blank line item was included for public information within the City Manager budget; and publication and dues slightly increased because the League of California Cities (LCC) is changing their calendar. Mr. Kiff reiterated that each district will receive $7,500 for special community projects. Mayor Noyes asked about the operating expenses in the human services account. Mr. Kiff reported that this account is included as a Council Policy so that the City gives about $25,000 each September to community, non- governmental organizations that serve Newport Beach, but is separate from CDBG funds. Ms. Wood added that she and Mr. Kiff have attempted over the past years to not duplicate efforts with the two funding sources so that funding is diversified. Regarding City Council publication and dues, Mr. Kiff explained that it is mostly to pay for dues in the local division and State division of the LCC and Southern California Association of Governments (SCAG). He indicated that the City will be paying the State division LCC about $9,000, the local division LCC about $11,000, and SCAG about $7,000 to $8,000. Council Member O'Neil indicated that he requested that the Council chairs in the Chambers be replaced or reupholstered during last year's checklist discussion. He noted that the chairs have been in the Chambers for 25 years and do not function very well. Mr. Bludau stated that this item will be added to Council's checklist. City Clerk Harkless stated that there is not a lot of change in the City Clerk office budget other than the additional $4,000 in the advertising budget due to increased costs. Additionally, at the time she prepared the budget, she did not anticipate having another initiative circulated so she will also need an Volume 53 - Page 366 City of Newport Beach Study Session Minutes May 23, 2000 INDEX additional $15,000 in the elections budget for signature verification. She confirmed for Mayor Pro Tem Adams that the $15,000 cost can be eliminated if Council places the initiative on the ballot. Regarding the City Manager budget, Mr. Kiff indicated that there are no proposed changes to personnel beyond the harbor resources reorganization that was mentioned by the City Manager. He reported that the professional and technical account (Prof & Tech) reflects the move of Ken Emmanuel and remaining annexation related expenses. He indicated that he anticipates that these costs will decrease now that the annexation is in sight. He also explained that the blank line for the public information function will require additional review by the City Manager and deliberation by Council. He noted that Gladstone International is working with the General Services Department on the trash bin conversion project and are using current appropriations. He reported that the project will be completed in July or August since the deadline is September. Regarding harbor resources, Mr. Kiff reported that they will be housed at the Balboa Yacht Basin and that there will be one time expenses involved in making the move. He clarified that the City is not displacing any of the tenants but will be remodeling two of the garages to house Heritage Yacht Brokers. The Marine Division will remain in the office next to John Riley. Mr. Bludau clarified that the Marine Division will show up in the City Manager budget when the final budget is printed since the draft went to print about six weeks ago when the reorganization was just being considered. Regarding Human Resources, Ms. Wood indicated that she has nothing to add beyond what was mentioned by the City Manager in the supplemental list earlier. Mayor Pro Tem Adams asked if there are expenses associated with the Fire and Marine Department changing its name. Mr. Bludau indicated that there would be some expense in changing the name, but that it was his understanding that the name change would take place as equipment rotates out. Fire Chief Riley concurred, adding that they will not be undergoing immediate, major changes. Regarding the City Attorney budget, City Attorney Burnham reported that there is no change in this year's budget compared to last year except for the big jump in the Prof & Tech account due to airport related litigation. He stated that there is a good possibility that they will go over the $180,000 budget; however, he anticipates that they will be able to work within the $175,000 budget next year. Council Member Debay asked if the City Attorney's office decided not to conduct the remodeling with the Fire Department as previously approved. Mr. Burnham indicated that they will probably be coming back with that sometime in the future. In addition to changes in the Administrative Services budget that the City Manager mentioned, Mr. Danner reported that they changed an Accounting Volume 53 - Page 367 City of Newport Beach Study Session Minutes May 23, 2000 III I]�►:1 II position to a Management Analyst position and that the dollar amount was very minimal to do this change. He stated that the department submitted two supplemental requests that did not make it to the top of the list. One of the requests was for more workstations in the Revenue Division since they are outgrowing their area. He stated that they willingly gave that request up because he feels they can work something out with the assistance of the General Services Construction Division. He stated that the other request was for $40,000 for the Governmental Accounting Standards Board Statement No. 34 (GASB) which requires that the City change the reporting model in the Comprehensive Annual Financial Report (CAFR) and change the measurement focus from a modified accrual to a full accrual, similar to any business. Expenditures will be reported when the City incurs the liability not when the bill is paid. Since they will be going to full accrual accounting, he emphasized that they will need help with reporting all City fixed assets (sidewalks, streets, trees, street lights, etc.) since the City does not have a good inventory that includes historical costs. He indicated that they requested $40,000 but does not have an idea if this amount is enough or too much. This is why they pulled it from the list. He stated that they will be bringing this back to Council once they determine the cost. Regarding listing all the City assets, Council Member Debay asked at what point does the City think about depreciation and setting aside money for infrastructure. Mr. Danner indicated that this is part of the reason for doing the different type of reporting. He stated that they are only required to inventory back to 1980, but believed that the City should go back to the date of incorporation if possible. He noted that this reporting change is nationwide. Mr. Bludau added that depreciation would show in the books and the City would not necessarily be legally required to set aside that money for depreciation. Council Member Debay indicated that it may be money that the City should set aside for depreciation. Mr. Danner reported for Council Member Ridgeway that the GASB involves three tiers and that Newport Beach is in Tier 1 which is for any city with revenues over $100 million. The City must implement the GASB by fiscal year ending June 30, 2002. He indicated that, because this is such a big effort that involves the Administrative Services Department, Public Works Department, General Services Department, and engineering firms, they will be recommending new auditors on the next agenda. He reported that everyone has told him to get started now and not wait until the last minute. He clarified that the reason for documenting old City purchases is to show the City's full assets. In response to Council Member Ridgeway's questions, Mr. Danner confirmed that determining the current value and then back dating it by depreciation is one of the acceptable methods of reporting. He indicated that it is hard to predict how much time this would entail since no one has ever done it. He added that all the pronouncements indicate that they are not trying to put a burden on staff since they are providing a variety of ways in which they will accept the information, but are just trying to get intricate information. He reiterated that the City is not required to account for assets acquired before 1980, but it would be their recommendation that the City account back to 1906 on real property assets. Council Member Ridgeway indicated that he is Volume 53 - Page 368 City of Newport Beach Study Session Minutes May 23, 2000 INDEX having a problem with real property assets not improvement assets. Mr. Danner reiterated that they will be recommending hiring a new auditor on the next agenda. He reported that they have used the same auditor for seven years and has been happy with them, but felt it was time for a change. He emphasized what an effort the first year audit will be on the Administrative Services Department and the auditors, but explained the Council Policy in which auditors are changed every three years but can be retained for an additional three years if satisfied. However, because of the situation last year, he noted that he requested a one year extension which brought the current auditor's contract to seven years. He indicated that they are recommending to go with a local firm, Conrad & Associates, who audits 12 of the 33 Orange County cities. The cost is about $38,900. Mr. Danner also noted that on tonight's agenda, there is a request for funds to replace their accounting software. Chief Riley noted that the Marine Division is still included in the Fire and Marine budget and are also included in the statistics for reporting purposes. He reported that the Fire and Marine Department has a budgetary increase of 3.8% from last year's budget; however, 3.6% is personnel costs for planned expenditures and raises for negotiated benefits. He reported that $103,000 is for a Marine Safety Supervisor position. He added that $75,000 is an increase in the ceiling, but most of the dollars are coming from existing accounts and so it is not a true increase. He added that the approximate $62,000 increase in the Seasonal Ocean Lifeguard salaries reflect the 10% adjustment that was made earlier this year. In addition to the comments made by the City Manager earlier, Chief Riley added that one of their supplemental requests was for a $117,000 staffing increase to send three additional personnel to paramedic school; however, they are not ready to make a recommendation on how to proceed at this time. He explained that, within five years, the City may be needing to create up to 18 additional trained Paramedic positions due to attrition. At the current budget process of $40,000 per Paramedic, he noted that this adds up to $650,000 over the next five years. Over the last few years, he reported that the City used designated Paramedic Reserve Funds from a bond sale proceed to cover the cost of sending people to paramedic school for the annexation efforts and normal attrition. However, the fund which was almost $400,000 is now empty. Chief Riley confirmed Council Member Ridgeway's statement that the City prefers to train current employees rather than hire from the outside and added that this has been the practice for 25 years. He added that the Paramedic position has always been a promoted position. He explained that the majority of the $40,000 cost is to pay for the person's replacement while he is in paramedic school for six months since the department runs constant manning with no relief crews. All the relief coverage is done by using overtime dollars. He further clarified that the person in paramedic school is still paid his salary. Volume 53 - Page 369 City of Newport Beach Study Session Minutes May 23, 2000 INDEX In response to Mayor Pro Tern Adams' question, Chief Riley indicated that the Paramedic is allowed to leave the City after he is trained since there is no contract or requirement for him to stay; however, the City is fortunate enough to be one of the agencies in Southern California that is considered a destination location and that there is zero attrition in that fashion. Further, the City has benefited from people starting as Firefighters who are already licensed Paramedics who will ultimately get into a position to be promoted. He indicated that the competition for lateral Paramedics is becoming tough and the City will be competing with all the other Orange County cities that are in the same attrition problem as the City. Noting that the City may be going to the 3% at 50 retirement system effective July 1, Chief Riley reported that the City would lose 5 Battalion Chiefs, 18 Fire Captains, 6 Paramedics, 17 Engineers, a Marine Safety Lieutenant, and a Marine Safety Supervisor over the next five years due to attrition, which is 50 of the 120 employees. If the City were to keep the existing retirement system, it would only be losing 2 Battalion Chiefs, 8 Fire Captains, and 7 Engineers. He stated that at least 50% of the office promotions have historically come from the rank of Paramedic since they do very well in the testing process due to the skills, abilities, and analogies they develop from being Paramedics. In response to Council Member O'Neil's questions regarding disaster preparedness, Chief Riley indicated that they are already educating the public. He stated that the Disaster Preparedness Program, which was reestablished about two years ago, has a three prong approach: department preparedness, City employee preparedness, and citizen preparedness. He reported that the second Community Emergency Response Team (CERT) graduated last weekend and that they are in the process of extending the training to citizens. He believed that they will couple that with a very aggressive general public education program this year. Council Member Debay asked if CERT will benefit from having a Public Information Officer. Chief Riley indicated that they already have a Community Relations Officer (John Blauer) who does a good job at getting information to the public, particularly through the media. Further, the Community Relations Officer and the Preparedness Coordinator (Donna Boston) are starting to team up more frequently to disseminate information to the public. Mr. Bludau believed that the Fire Department could certainly benefit when it comes to getting out newsletters. Regarding the Planning budget, Mr. Bludau reiterated that Council Member Glover would like to include a Senior Planner on the.checklist to oversee the airport specific plan and annexation matters. Council Member Debay asked if this position needs to be a full time position with benefits or if this could be time - limited so that it can be contracted. Mr. Bludau believed that Council Member Glover was looking at hiring a full time City employee. He indicated that he needs to talk with staff about the scope of the position, how much work is involved with the position, and whether a full time position can be justified. Mr. Bludau agreed with Mayor Pro Tern Adams that the need for that position would be subject to the outcome of the General Plan Ad Hoc Committee recommendation. Volume 53 - Page 370 City of Newport Beach Study Session Minutes May 23, 2000 O7 Planning Director Temple stated that the Planning budget generally represents the same budget as last year. She reported that they are requesting additional advertising funds from $5,000 to $10,000. She indicated that this reflects this year's expenditures and will be an ongoing cost given the level of activity and increased advertising cost. She reported that the equipment maintenance and repair accounts have increased not only due to the rate increases in the General Services Department but also because of the acquisition of a third vehicle. Regarding staffing, Ms. Temple indicated that the Assistant City Manager's position was formerly covered in their budget but is now in the City Manager budget. Ms. Temple stated that their supplemental request for an additional half- time code enforcement person did not make the cut probably because the justification was in anticipation of the Newport Coast, Santa Ana Heights, and Bay Knolls annexations. She indicated that, if the annexations become effective January 1, they will keep an eye on their workload but may be back before Council for that request. General Services Director Niederhaus confirmed for Council Member Debay that the General Services Recycling Inspector will be helping with code enforcement as it relates to trash issues. Ms. Temple reported that the City currently has two full time code enforcement officers (Charles Spence and Jim Sinasek). She indicated that they predominately perform the same duties, although Mr. Spence is required to spend 50% of his time on the Balboa peninsula since half of his position is funded by the CDBG program. She noted that Mr. Sinasek, being the senior officer and more experienced code enforcement officer, tends to take on the more difficult interactions. Regarding code enforcement fines, Ms. Temple stated that the City receives all the fines when paid. She indicated that even though the City has a pretty good record and an increasing administrative citation fund, the collection rate is not as good as they would like it to be but they are making efforts to send those to collection in a more effective fashion. She reported that, if she comes back with a request, she would like to be able to justify adding another code enforcement officer on the basis of the amount of revenue received. In response to Council Member Debay's question regarding the boundary Mr. Spence covers on the peninsula, Ms. Wood believed that he covers the peninsula from Balboa Boulevard to East Coast Highway. Mayor Noyes requested a clarification between residential and commercial enforcement. Ms. Temple reported that most of the enforcement is in commercial areas. However, the predominant complaints in residential districts deal with people who keep trash bins out too long on a curb, keep a basketball hoop sitting in the public right -of -way, accumulate trash in the yards, or park recreational vehicles on the street for more than 72 hours. She explained that commercial violations are generally related to sign, operational, noise, and conditions of approval violations. Council Member O'Neil noted that the City Manager overview discussed the addition of a person to handle plan checking since the delays can be up to five weeks. He indicated that he is not sure where the delays are and Volume 53 - Page 371 City of Newport Beach Study Session Minutes May 23, 2000 INDEX believed that this should be addressed in both the Building and the Planning Departments. Ms. Temple agreed and noted that she described a Planning Department reorganization of duties and responsibilities in the City Manager newsletter. One of the anticipated benefits of the reorganization is to provide some relief with zoning plan checks. She indicated that the Building Department is increasing its staff in part to address the plan check turnaround issues. However, if the reorganization is insufficient in keeping the Planning Department equal with the Building Department, she will probably be coming back to Council to request supplemental funds for contract help to assist during this extremely busy time. Council Member Ridgeway asked if the fee for plan checking is charged back to the applicant. Ms. Temple stated that they allow some overtime to pay for plan checking on a paid per hour basis, but with limited staffing there is really not much time for that function. She reported that zoning plan checks are one of the few fees in the Planning Department that Council listed as a 50% cost recovery item. She confirmed that most cities recover all of its fees and charge a straight hourly rate for all of their planning application activities but the City has a set fee schedule based on an average hourly case allocation. Council Member Ridgeway asked that the recovery amount be reevaluated at 100 %. Council Member Ridgeway asked if the Planning Department can work with MIS to get all past use permits, conditional use permits, variances, etc. into a computerized system. Ms. Temple reported that one of their projects includes the continuation of the document imaging program; however, the Fire Department is currently using the Planning Department's scanner and will hopefully be done with it soon so that they can start imaging everything to make information more accessible. Council Member Debay indicated that she will be adjourning the regular meeting in memory of Max Morgan and asked what was happening with his projects. Mr. Webb stated that the Public Works Department has been involved with Mr. Morgan's projects because of the utility work and that it is his understanding that his widow is working with Mr. Morgan's employees to try to continue with the projects. Building Director Elbettar stated that they met with Mr. Morgan's superintendent recently who indicated that the company will be shutting down and selling its projects. He indicated that the Building Department is in the process of rechecking one of the projects. He noted that all the fees for that project are paid which may benefit a prospective buyer. As reported by the City Manager, Mr. Elbettar indicated that the Building budget did not include the cost involved in conducting harbor permits and that about $10,000 would be needed to scan the Marine Division's historical data. He reported that additional staff will not be added to handle inspections and plan checks, but overtime funds will be used to cover this expense. He noted that this function and the revenue estimates are not reflected in the budget. He reported that the Building Department budget is about 2.8% over last year's budget due to personnel benefits and step increases. Volume 53 - Page 372 City of Newport Beach Study Session Minutes May 23, 2000 Mr. Elbettar pointed out that the budget format has changed to make it easier to follow and explained the change. He stated that they are adding a capital outlay item to cover the handheld computer cost, proposing to convert a temporary Office Assistant to a permanent employee, and requesting to add half a Permit Technician position. Council Member O'Neil stated that he believed that the Building Department functions rather well considering the increased activity and that Mr. Elbettar does a fine job as the administrator of that division. Mr. Elbettar confirmed for Council Member Ridgeway that the Building Department conducts plan checks in conjunction with the Planning Department and that their fee generally covers 100% of the cost. However, because of the heavy activity over the last three years, he indicated that there has been some negative in the budget in terms of revenue vs. expenditure. Council Member O'Neil noted for the record that he will probably not be in attendance at the next study session. He requested that, if he is not present, the $50,000 request by the Corona del Mar Business Improvement District (BID) for the reforestation along Pacific Coast Highway be added to the checklist. In response to Mayor Noyes' question relative to BID matching funds, Ms. Wood reported that the funds come from the special department expense account in the Planning budget. PUBLIC COMMENTS - None. ADJOURNMENT - 5:55 p.m. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ The agenda for the Study Session was posted on May 17, 2000, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 53 - Page 373 NT-13i 7 CITY OF NEWPORT BEACH City Council Minutes DRAFT Regular Meeting May 23, 2000 - 7:00 p.m INDEX INDEX STUDY SESSION — 4:00 p.m [Refer to separate minutes] CLOSED SESSION - 6:00 p.m CLOSED SESSION REPORT PRESENTED - None. RECESSED AND RECONVENED AT 7:10 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Adams, Ridgeway, O'Neil, Mayor Noyes Absent: Glover, Debay (excused) Pledge of Allegiance - Mayor Pro Tem Adams. Invocation by Mrs. Marianne Scott, First Church of Christ Scientist. Presentation by Nancy Gardner, Surfrider Foundation. Ms. Gardner stated that, two years prior, the Surfrider Foundation initiated an annual State of the Beach report and as part of it, asked Dr. Steven Letterman to evaluate the top urban beaches in the country. She stated her delight in Newport Beach being named in the top five on the list, and she read from Dr. Letterman's report. Ms. Gardner presented the City with an award to acknowledge that the City has been aggressive in trying to protect and maintain its beaches in terms of quality and access. She presented a glass award depicting the breaking wave symbol from the Surfrider Foundation logo and a copy of the First State of the Beach report to Mayor Noyes, who accepted them on behalf of the City. Presentation by Public Works Director Webb celebrating National Public Works Week. Public Works Director Webb thanked the City Council for the proclamation that was issued at the City Council meeting of May 9, 2000, designating the current week as National Public Works Week. He pointed out the orange safety vest he was wearing and reminded everyone that when they see someone wearing such a vest, they should slow down. Public Works Director Webb went on to explain that, as a part of National Public Works Week, the department held a special training session for Mayor Noyes on the use of the various equipment utilized by the department. Public Works Director Webb presented Mayor Noyes with some photos from the "training session ". 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 O'Neil announced that the annual Corona del Mar Scenic 5K Run will take place on Saturday, June 3, 2000. He stated that early registrants Volume 53 - Page 374 City of Newport Beach City Council Minutes May 23, 2000 INDEX will receive a gift certificate from the Five Crowns. He added that the Five Crowns restaurant appears on this year's race poster. Council Member O'Neil stated that participants can register at the Corona del Mar Chamber of Commerce and other various places. Council Member O'Neil announced that the annual meeting of the Corona del Mar Residents Association will take place on Monday, June 12, 2000. He stated that the meeting will take place at the OASIS Senior Center at 6:30 p.m. and will include a discussion of the Greenlight and Traffic Phasing initiatives. Council Member Ridgeway announced that Student Government Day would be taking place the following day at City Hall, with 65 students from Corona del Mar and Newport Harbor high schools participating. He stated that the mock City Council meeting taking place at 11:30 a.m. would be filmed by Comcast and aired on several occasions. He stated that the three issues the students will discuss will include residential parking permits at Newport Heights, the proposed project at the Newport Dunes and the John Wayne extension agreement. Mayor Pro Tem Adams acknowledged and thanked the Newport Ocean Sailing Association (NOSA) for their part in putting on the Newport to Ensenada Race. Mayor Noyes announced that the Balboa Island Parade will take place on Sunday, June 4, 2000. He stated that one of his reasons for announcing the event was to let the public know that the bridge will be closed from 10:30 a.m. to 11:30 a.m. that day. He invited everyone to attend. Mayor Noyes informed the audience that two City Council seats would be open for election in November, 2000. He showed a Councilmanic District Map to illustrate the boundaries of District 2, which would be open since Council Member Debay would not be eligible for reelection due to term limits. He also pointed out District 5, which would also be open, since he did not plan to rerun to fill the vacancy. Council Member Thomson added that citizens could also run in District 7, but that he was seeking reelection. It was mentioned that citizens must live within the boundaries of the district they plan to run for. Mayor Noyes stated that interested citizens could obtain additional information by contacting the City Clerk's office at 644 -3005, and that nomination papers must be filed between July 17, 2000 and August 11, 2000. Mayor Noyes concluded by stating that the job is stimulating, gratifying and a lot of hard work. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETINGS OF MAY 9, 2000. 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. Volume 53 - Page 375 City of Newport Beach City Council Minutes May 23, 2000 INDEX i s viv O run tiu yr i i viv 3. PARKING METER RATE INCREASES. 1) Adopt Resolution No. 2000 -38 Res 2000 -38 establishing parking meter fees in off - street parking lots; and 2) introduce Ord 2000 -9 Ordinance No. 2000 -9 establishing parking meter fees for on- street meters Parking Meter Fees and pass to second reading on June 13, 2000. (85) 4. RECYCLING SERVICE FEE. Adopt Resolution No. 2000 -39 authorizing Res 2000 -39 the recycling service fee to be set at $2.26 per month per residential unit Recycling Fee effective July 1, 2000. (44) 5. Item removed from the Consent Calendar by a member of the audience. 6. FOURTH OF JULY STREET CLOSURE. Adopt Resolution Res 2000 -41 No. 2000 -41 authorizing the temporary closure of Seashore Drive, Newport 4th of July Street Closure Boulevard, Balboa Boulevard, selected feeder streets and City parking lots. (85) 7. UNDERGROUNDING UTILITIES IN PROPOSED ASSESSMENT Res 2000 -42 DISTRICT NO. 78 (LITTLE BALBOA ISLAND). 1) Adopt Resolution Res 2000 -43 No. 2000 -42 making findings on a petition for, adopting a map showing the Res 2000 -44 proposed boundaries of, and making appointments for Assessment District Assessment District 78 No. 78; 2) adopt Resolution No. 2000 -43 declaring intention to order the Little Balboa Island construction of certain improvements in proposed Assessment District (89) No. 78, declaring the improvements to be of special benefit, describing the district to be assessed to pay the costs and expenses thereof, and providing for the issuance of bonds; 3) adopt Resolution No. 2000 -44 giving preliminary approval to the report of the assessment engineer, setting a time and place for a public hearing and ordering the intention of assessment ballot procedure for Assessment District No. 78, as July 11, 2000; and 4) approve the Special Counsel Agreement with the firm of Brown, Diven, Hessell & Brewer LLP. S. UNDERGROUNDING UTILITIES AND RECONSTRUCT STREET Assessment District 79 IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 79 Beacon Bay (BEACON BAY). Item continued. (89) ORDINANCES FOR INTRODUCTION 9. AMENDMENT OF CHAPTER 1.12 OF THE NBMC (contd. from Ord 2000 -10 5/9/00). Introduce Ordinance No. 2000 -10 amending Section 1.12.020 of Citations & Warrants Title 1 of the NBMC pertaining to citations and warrants; and pass to second (70) reading on June 13, 2000. 10. AMENDMENT OF CHAPTER 1.30 OF THE NBMC. Introduce Ord 2000 -11 Ordinance No. 2000 -11 amending Section 1.30.030 of Title 1 of the NBMC Election Campaign pertaining to election campaign filing, and pass to second reading on Filing June 13, 2000. (39) ORDINANCE FOR ADOPTION 11. ANNEXATION OF BAY KNOLLS AREA. Adopt Ordinance No. 2000 -8 Ord 2000 -8 Volume 53 - Page 376 City of Newport Beach City Council Minutes May 23, 2000 INDEX Volume 53 - Page 377 approving Amendment 901. (21/45) CONTRACTS AND AGREEMENTS 12. BALBOA PENINSULA ALLEY REPLACEMENT - REJECTION OF C -3325 SOLE BID (C- 3325). 1) Reject the sole bid for the project submitted by Balboa Peninsula Damon Construction Co, and direct staff to re -bid the project; and 2) direct Alley Replacement the City Clerk to return the Bid Bond to the contractor. (38) 13. BALBOA VILLAGE IMPROVEMENT PROJECT (C -3333) - C -3333 APPROVAL OF PROFESSIONAL SERVICES AGREEMENT. BA -063 1) Authorize the Mayor and the City Clerk to execute a Professional Services Balboa Village Agreement with Psomas to provide pre- design, design and construction Improvement Project services for the Balboa Village Improvement Project for a fee of $493,131; (38140) and 2) process a budget appropriation (BA -063) from Neighborhood Enhancement Fund Reserve in the amount of $250,000 to Account No. 7024- C5100543 and from the Off - Street Parking Fund Balboa Pier Parking Lot Account No. 7022- C5100376 in the amount of $250,000 to Account No. 7022- C5100543. 14. 1999 -2000 BALBOA ISLAND BAYFRONT REPAIRS - AWARD OF C -3303 CONTRACT (C- 3303). 1) Approve the plans and specifications; 2) declare Balboa Island the bid submitted by the low bidder as non - responsive; 3) reject the Bayfront Repairs non - responsive bid submitted by the low bidder; 4) declare the bid submitted (38) by the second low bidder as the responsive low bid; 5) award C -3303 to SRD Construction for the total bid price of $49,942 and authorize the Mayor and the City Clerk to execute the contract; and 6) establish an amount of $4,900 to cover the cost of testing and unforeseen work. MISCELLANEOUS ACTIONS 15. PLANNING COMMISSION AGENDA FOR MAY 18, 2000. Receive and Planning file. (68) 16. 2000 -01 PROPOSED BUDGET HEARING AND APPROPRIATION Budget Hearing LIMIT HEARING. Schedule a public hearing of the City's proposed Budget & Appropriation and Appropriation Limit for the 2000 -01 fiscal year on June 13, 2000 and (40) direct the City Clerk to publish a notice of said hearings. 17. APPEAL OF JERRY G. MAIZE, EDWARD YAWITZ AND STEVE Drive Approach BROWN TO RETAIN A DRIVE APPROACH AT 3412 MARCUS 3412 Marcus Avenue AVENUE. Deny the appeal to retain the existing driveway approach. (65) 18. BUDGET AMENDMENT - BUILDING DEPARTMENT. Approve a BA -060 budget amendment (BA -060) to transfer $6,240 from the Bonita Canyon Building Department Apartment Overtime Account 010 -22366 to the Building Department Overtime/Bonita Canyon Overtime Account 2900.7040. Apartments (26/40) 19. BUDGET AMENDMENT - COMMUNITY SERVICES. Approve a budget BA -061 amendment (BA -061) in the amount of $2,500 to increase revenue estimates Library Donation to reflect funds received from the University of California and to increase (50/40) expenditure appropriations. Volume 53 - Page 377 City of Newport Beach City Council Minutes May 23, 2000 20. FINANCE, BILLING AND HUMAN RESOURCES SOFTWARE. Approve the proposed action, funding realignments and budget amendment (BA -062) in the amount of $196,260. 21. CALIFORNIA LAW ENFORCEMENT TECHNOLOGY EQUIPMENT PURCHASE (CLETEP) PROGRAM GRANTBUDGET AMENDMENT. 1) Approve acceptance of CLETEP program grant funding of $79,997 from the State of California, Department of Justice, Office of Criminal Justice Planning (OCJP); and approve a budget amendment (BA -064) of $79,997 to the Police Department Capital Outlay, Computer Equipment account (1820 -9015) to fund the purchase of approved equipment in CLETEP program grant. 22. APPOINTMENT OF CHAIRPERSON OF ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE. Confirm Mayor Noyes' appointment of Robert Hawkins. 23. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING FISCAL YEAR JULY 1, 2000 TO JUNE 30, 2001. Authorize the City Clerk to publish a notice advertising for bids to be received on or before the hour of 4:00 p.m. on Thursday, June 15, 2000 for a one -year contract covering the publishing and printing of legal notices, or other material required to be published and circulated in the City of Newport Beach. Motion by Mayor Pro Tern Adams to approve the Consent Calendar, except for that item removed (5) and that item continued (8). The motion carried by the following roll call vote Ayes: Thomson, Adams, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Glover, Debay ITEM REMOVED FROM THE CONSENT CALENDAR 5. RESOLUTION TO ADOPT PROPOSED CHANGES TO THE CITY STREET TREE DESIGNATION LIST. General Services Director Niederhaus stated that the staff report includes answers to questions regarding the proposed street tree designation list. He stated that included with the report are color photos of the twelve new trees in an effort to eliminate any thoughts that the trees are dwarf, midget or patio species. He stated that they're all twenty to thirty feet tall and attractive additions to the City's treescape. Jan Vandersloot, SPON Tree Committee, stated that the concern of the Committee is that the City streets are being changed too drastically. He stated that of the 513 streets being considered, it is being proposed to change the tree designation on 437 of the streets. He added that the trees that are being chosen, such as the tristania laurina, are very small trees. He stated Volume 53 - Page 378 INDEX BA -062 Finance Software (40) BA -064 California Law Enforcement Technology Equipment Purchase (CLETEP) (70140) EQAC Appointment (24) Legal Publications (32) Res 2000 -40 Street Tree Designations (62) City of Newport Beach City Council Minutes May 23, 2000 INDEX that the photos in the staff report show trees that have been grown in the proper soils and climate, and received adequate care. He cited the Hong Kong orchids on Coast Highway as an example of trees that have been planted in the City and are remaining small. He said that many of the new trees do not have a history of being successful in Newport Beach. Dr. Vandersloot suggested that when the few trees that are a problem in the City are in need of replacement, the affected streets can be dealt with at that time. He added that the Parks, Beaches & Recreation (PB &R) Commission could still use the proposed list for suggestions, but that any new street tree designations would be made on a street by street basis, as needed. Alden Kelley stated that the staff report is incorrect in reporting that only two species on the proposed list are not included in the Street Tree Seminar Book. Mr. Kelley stated that he counted nine. Additionally, Mr. Kelley pointed out that a rate of less than 200 replacement trees per year is incorrect because, at that rate, it would take 150 years to replace all the trees in the City and many couldn't live that long. He recommended that the City Council not approve the list. He stated that more than 100 streets in the City would have trees that are not typical street trees in height or size. He discussed a few of the specific species and said they would be big bushes, at best, with too much required maintenance and time trying to make them into trees. He also pointed out a problem with variable growth, which would result in different sizes of the same species on a given street. He stated that some of the species will struggle to survive in the Newport Beach climate zone. Mr. Kelley suggested that the entire list should be reworked, or the old list should be kept and changes made on an as needed street by street basis. Mayor Pro Tem Adams stated that he's actually puzzled since contradictory information has been heard by experts on both side of the issue. He stated that he is tending to lean with the comments made by Dr. Vandersloot. He agreed that the rate of replacement would indicate that none of the streets would ever have a uniform look and he thought this should be an important consideration. He also agreed that the list could just become a suggested list, with the PB &R Commission addressing streets as issues arise. Dr. Vandersloot confirmed for Mayor Noyes that Mr. Kelley was hired through a California Releaf grant program and is paid on an hourly basis to help the City develop a tree policy and make sure that the implementation of the policy is consistent with arborist principles and practices. He stated that Mr. Kelley has spoken at City Council, PB &R Commission and sub- committee meetings. He added that the list was not evaluated tree by tree and he felt that staff was not responsive to their comments. City Manager Bludau stated that 20% of the streets in the City do not currently have a designated street tree. General Services Director Niederhaus stated that the current list is 15 years old and is outdated. He said that current replacements are not being done, pending a decision on the proposed list. He also added that there is a mechanism to change the street tree designation on any street, and about five or six of these are done per year. General Services Director Niederhaus Volume 53 - Page 379 City of Newport Beach City Council Minutes May 23, 2000 III I]�►:/ summarized the process that has taken place to date in developing the proposed list. He stated that it is a good change, but not a drastic change. Mayor Pro Tem Adams stated that the gradual change is what troubles him and cited the street tree change being requested on Mariners Drive as an example. He stated his concern that the new trees being put in would be twigs compared to the other established trees on the street. General Services Director Niederhaus explained that the City puts all of its trees in 24 -inch boxes and takes the extra effort to plant truly mature trees. Mayor Pro Tem Adams asked for General Services Director Niederhaus to address the uniformity issue. General Services Director Niederhaus stated that a designated street tree on the old list was kept on the new proposed list if the tree was found to be desirable. He stated that a tree might be found to be undesirable if, for example, the tree has an incurable disease or causes hardscape damage. Council Member O'Neil stated that he is convinced that the PB &R Commission reviewed the issue thoroughly, that there is a need to modify the street tree list, and that a radical change will not result from the list being adopted. He added that staff has also convinced him that the PB &R Commission's recommendation is appropriate. Motion by Council Member O'Neil to adopt Resolution No. 2000 -40 approving the proposed City Street Tree Designation List. Mayor Noyes stated that he is uncomfortable with putting the burden of proof on the citizens to change street tree designations. He added, however, that there will be full access to the City Council regarding the issue. The motion carried by the following roll call vote: Ayes: Thomson, Adams, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Glover, Debay PUBLIC COMMENTS Elaine Linhoff, 1760 E. Ocean Blvd., stated that she was upset when she watched the City Council meeting of May 9, 2000, because it appeared that the City Council was in a feeding frenzy for money. She stated that budgets have two sides, revenue and expenses. She stated that it appears that the City Council has accepted the contention that hotels are automatic cash cows, and that the only decision is to decide if the money generated is worth the cost to the quality of life. Ms. Linhoff reminded the City Council that hotels can be a risky business. She cited a Los Angeles Times article from the week prior that talked about the fear of too many hotel rooms being built. She concluded by stating that it might not be worth it to cover precious public tidelands with potential white elephants. Tyler Jordan, California Voters, Huntington Beach resident, stated that he Volume 53 - Page 380 City of Newport Beach City Council Minutes May 23, 2000 IN117�/:1 is helping give people in Newport Beach the right to vote on both the Greenlight and TPO (Traffic Phasing Ordinance) initiatives. He also stated his support for giving people the right to vote regarding the proposed project at the Dunes. Mr. Jordan cited an example of a vote he disagreed with in Huntington Beach but stated that he still believes that people should have the right to vote on high impact issues. Christina Benson, 121 1/2 27th Street, stated that she will soon be moving to the area but visits the area almost every weekend to surf. She said she tries to find a place to park in nonmetered areas and that streets such as those near 34th and 35th Streets are often blocked by SW's and trucks. She states that it makes driving and parking difficult and even knows of someone who was in an accident because of her view being blocked by a larger vehicle. She encouraged the City's law enforcement to cite violators who obstruct views or endanger traffic. Allan Beek, 2007 Highland, stated that he spoke at the City Council meeting of May 9, 2000, about the confusion surrounding the new traffic initiative presently being circulated for signatures. He stated that no action was taken regarding his comments. Mr. Beek stated that it is clear that the new initiative's true meaning is to kill the Greenlight initiative. He stated that lies are being told in order to collect signatures. He stated that many people have been taken in by the deceptions and are contacting the Greenlight supporters. Mr. Beek stated that signatures can be withdrawn. He stated that the new initiative was hastily put together and it is not clear what the voters will be voting on. He requested that the City Council request that the City Attorney give a ruling to clear the matter up. Philip Arst, 2601 Lighthouse Lane, stated that the government is showing apparent bias in describing the title and summary of the new Traffic Planning Initiative (TPI). He said that State law requires that titles and summaries be designed to prevent voters from overlooking or misconstruing crucial information regarding a proposed initiative. He stated that the title and summary given the new TPI have failed to fully inform the public that the initiative would invalidate Greenlight. He stated that it also fails to fully inform the public that a predominant portion of the TPO is not a part of the initiative. He stated that only three clauses are controlled, leaving 95% of the text uncontrolled. Mr. Arst stated that the title and summary also hide from the voters that the new initiative does not apply to the airport area. He requested that the City Council issue a statement acknowledging errors in the TPI title and summary, authorize the distribution of a statement prepared by the Greenlight supporters to be included with a City water bill mailing and direct the City staff to maintain an unbiased position. Clarence Turner, 1507 Antigua Way, stated that he is a part of group that created the new initiative and that it is in opposition to the Greenlight initiative. He stated his disagreement with the intentions of the Greenlight initiative because it is an assault on the current representative aspect of government and it is poor public policy to strip the City Council of one of its fundamental duties, which is to make decisions on land use issues. Mr. Turner stated that his three basic goals when creating the new initiative were that it be legal, fair and enforceable. He stated that the TPO has Volume 53 - Page 381 City of Newport Beach City Council Minutes May 23, 2000 served the City well for 22 years and has enabled the City to improve and maintain its streets and intersections. He stated that the three main elements of the TPO would become a part of the City Charter, if the new initiative were to be passed. Mr. Turner stated that the current focus is on obtaining the signatures to get the initiative on the ballot, and that later the issues and allegations made earlier can be addressed. Jan Vandersloot, resident of E. 16th Street, confirmed that petitioners circulating the new initiative for signatures are telling the public that the initiative will stop growth at John Wayne airport. Dr. Vandersloot requested that the petitioners tell the truth and not misrepresent what the initiative can do. Mayor Noyes acknowledged the students in the audience and asked for one of them to talk about their purpose for attending the meeting. Becky Ellis, resident on Rose Lane in Costa Mesa, stated that she is a student at Newport Harbor High and the students at the meeting are observing for political community service hours. Council Member Ridgeway requested that the City Attorney meet with the Greenlight initiative supporters to discuss the title of the TPO initiative in an effort to present it in a fair way. 24. AD HOC GENERAL PLAN UPDATE COMMITTEE (contd. from 519100). Mayor Noyes stated that the City Council has decided to form an Ad Hoc General Plan Update Committee to look at and analyze an appropriate way to update the City's General Plan. Mayor Noyes announced that Mayor Pro Tem Adams has agreed to chair the Committee, and he thanked him for doing so. Mayor Noyes also appointed Council Members Ridgeway and Glover, and Planning Commissioners Selich, Tucker and Kranzley to the Committee. He stated that the Environmental Quality, Economic Development and Aviation committees would also each appoint one representative. Mayor Pro Tem Adams inquired about the purpose of having an Aviation Committee member on the General Plan Update Committee rather than a representative from the Harbor Committee. He stated that someone who represents the issues regarding the bay and harbor would be an important component of a general plan update. Mayor Noyes agreed and suggested that the Harbor Committee should also have a representative on the General Plan Update Committee. Motion by Mayor Pro Tem Adams to adopt Resolution No. 2000 -45 establishing the Ad Hoc General Plan Update Committee; and affirm the Mayor's appointment of Mayor Pro Tem Adams (chairperson), Council Members Ridgeway and Glover, and Planning Commissioners Selich, Tucker Volume 53 - Page 382 INDEX Res 2000 -45 Ad Hoc General Plan Update Committee (24) City of Newport Beach City Council Minutes May 23, 2000 and Kranzley, and request the Environmental Quality, Economic Development, Aviation and Harbor committees to each select one representative. The motion carried by the following roll call vote: Ayes: Thomson, Adams, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Glover, Debay Mayor Pro Tem Adams confirmed that the meetings of the General Plan Update Committee would be open to the public. Mayor Noyes stated that they will probably occur in the Council Chambers and will be properly noticed. Assistant City Manager Wood stated that she and Planning Director Temple would be the staff liaisons for the Committee. 25. APPROVAL OF SUBDIVISION AGREEMENT FOR CORPORATE PLAZA WEST (RESUBDIVISION NO. 1006) (contd. from 519100). Motion by Council Member Ridaeway to approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 1006; and to authorize the Mayor and the City Clerk to execute the agreement. Mayor Pro Tem Adams referred to the correspondence faxed earlier in the day from Robert O Hill, requesting a continuance of the item. City Attorney Burnham stated that Mr. O Hill did call earlier in the day to say he was out of town and would be sending the correspondence. City Manager Bludau stated that he also spoke with Mr. O Hill and told him that staff was not recommending a continuance of the item. City Manager Bludau added that Mr. O Hill's concern is that The Irvine Company would not be building the road in question, but City Manager Bludau stated that the City does have a bond which assures that the road will be built. The motion carried by the following roll call vote: Ayes: Thomson, Adams, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Glover, Debay 26. STATUS REPORT ON SANTIAGO DRIVE SPEED REDUCTION PROGRAM. Public Works Director Webb stated that at the City Council meeting of May 9, 2000, staff was requested to prepare a realistic schedule of when various aspects of the Santiago Drive speed reduction program and Citywide traffic calming program could be performed. He stated that the six-month trial period for the Santiago study ends May 29, 2000, and that data collection would be assembled the following week. He stated that the engineer that was hired to give an overall recommendation for community Volume 53 - Page 383 INDEX Resubdivision No. 1006 Corporate Plaza West (84) Santiago Drive Speed Reduction (85) City of Newport Beach City Council Minutes May 23, 2000 traltnc calming measures would also be in the process of finalizing his report. Public Works Director Webb stated that at the City Council meeting of June 27, 2000, the Santiago Drive information and the Citywide information would be presented. He stated that he is not recommending that the City Council take any action on the Santiago issue at that meeting. He stated that the guidance received on the Citywide program would provide staff with the information needed to meet with the Santiago Drive area residents. He stated that staff would return to the City Council at the meeting of July 25, 2000, with a recommendation for the four streets involved with the Santiago Drive program. Mayor Noyes stated that it is not the ideal schedule but that at least a schedule has been developed, which should satisfy the residents in the area. Robert Walker, 2001 Irvine Avenue, commented on the sidewalks that are being discussed for the area. He stated that he is not in support of the new sidewalks because they would cut down on the beauty of the area and reduce the value of some properties. He suggested, instead, that parking on only one side of the street with a pedestrian bike trail on the other should be looked at. He said it would be safer and not reduce private lots. Mr. Walker added that a sidewalk would not provide enough room for bicyclists, baby strollers and joggers. Mayor Noyes suggested that Mr. Walker might want to attend the future City Council meetings that will address this subject, as discussed earlier by Public Works Director Webb. Council Member Ridgeway further suggested that Mr. Walker should participate in the meetings being held by the residents in the area. And, he added that sidewalks would not reduce the size of the private lots because the land already belongs to the City. Mr. Walker stated that the City has never landscaped or maintained these parcels. He stated that it is the homeowner who has taken care of any beautification efforts. Lorne Huff, 2301 Santiago Drive, stated her concern that the City Council thinks everyone in the area is in support of putting in new sidewalks. She stated that, earlier in the day, she spent just a few hours and gathered ten signatures from people who are opposed to sidewalks. Ms. Huff provided a copy of the signatures. Mayor Noyes noted that the item was for information only and would be received and filed, with no action needed by the City Council at the current meeting. CURRENT BUSINESS 27. COAST HIGHWAY SIDEWALK, CURB AND GUTTER IN CORONA DEL MAR ADJACENT TO SHORECLIFFS AND CAMEO SHORES. Council Member O'Neil stated that the Cameo Community Association is located in the southerly part of the City. He stated that he attended the annual meeting of the Association, which is a combination of Cameo Shores Volume 53 - Page 384 INDEX Sidewalk, Curb and Gutter Cameo Community Association (74) City of Newport Beach City Council Minutes May 23, 2000 INDEX and Cameo Highlands, and at that meeting learned that they have some good plans to beautify and upgrade the area as a main entrance to the City. He stated that they've formed a long -range planning committee, which is being chaired by Randy Luebke, and that their plans include the upgrading of the entrance signs to their community and some street treatment. Council Member O'Neil stated that the Association is looking for the City to work with them on the encroachment permit that will be needed. He stated that they are also asking the City to participate in the construction of the wall on the south side of Coast Highway, some landscaping efforts, and budgeting for sidewalk construction in the upcoming fiscal year. Council Member O'Neil stated that since these initial requests, it has been decided that the best way to coordinate all of the plans might be to include them in the budget for the 2001 -2002 fiscal year. He acknowledged several people in attendance at the current meeting from the area. Council Member Ridgeway stated his support for any partnership between private and public entities. He stated that the area could use some upgrading and it would be a good time to do it. Randy Luebke, 4606 Roxbury Road, Chairman of the Cameo Community Association long -range planning committee, thanked the City Council for placing the item on the agenda of the current meeting. He stated that Council Member O'Neil did a good job of pointing out the unique characteristics of the community, in that it acts as an entrance to the City and is comprised of two neighborhoods that are separated by a four -lane highway. He stated that the planning efforts will improve the beautification and the safety in the area, and cited the increase in vehicle, bicycle and pedestrian traffic through the area over the years. He stated that the safety goal is to get the unprotected citizens off the highway and onto sidewalks. He stated that he thinks the City should also support the beautification efforts. Mr. Luebke stated that he feels the proposal is a good one and he thanked Council Members O'Neil and Thomson, City Manager Bludau and Public Works Director Webb for their support. He asked that the City Council support the request to develop a comprehensive plan and consider approving the funding in the 2001 -2002 fiscal year. Council Member O'Neil stated that it is a great opportunity to work with a community that is willing to share their revenue to benefit the entire area. Motion by Council Member O'Neil to request that the City construct curb, gutter and sidewalk improvements on the south side of Coast Highway easterly of Cameo Shores Road during fiscal year 2000 -2001; and that staff work with the Cameo Community Association to develop a comprehensive plan to construct curb, gutter and sidewalk improvements, street treatment, an identification sign, landscaping and construction of a masonry wall for consideration in the 2001 -2002 fiscal year budget. Council Member Ridgeway stated his support for the motion and staff continuing to work with the Cameo Community Association. Public Works Director Webb confirmed that the motion included staff proceeding with the sidewalk construction between Cameo Shores and the Volume 53 - Page 385 City of Newport Beach City Council Minutes May 23, 2000 Pelican Point development. The motion carried by the following roll call vote: Ayes: Thomson, Adams, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Glover, Debay MOTION FOR RECONSIDERATION - None. ADJOURNMENT - At 8:35 p.m. in memory of Andre Stewart, Newport Harbor High School football star, and Max Morgan, local developer. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ The agenda for the Regular Meeting was posted on May 17, 2000, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 53 - Page 386 INDEX