HomeMy WebLinkAbout20 - Quarterly Business ReportOF
Council NEWPORT
City Report
Agenda Item No. 20
November 27, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, City Manager
949 - 644 -3002, dkiff @newportbeachca.gov
PREPARED BY: Mary LLocey, Public Information Specialist
APPROVED: rb� /����L✓L��
v
TITLE: Quarterly Business Report — July Through September 2012
ABSTRACT:
Provide a quarterly update of City business that includes financial information, status
reports on current key projects and updates from the Boards, Commissions, and
Committees.
RECOMMENDATION:
Review and file.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The Quarterly Business Report (QBR) provides a snapshot of City business. The
attached QBR covers the period of July through September 2012. The three sections of
the report portray the City's financial position; provides updates on items being
discussed by our Boards, Commissions and Committees; as well as in -depth
summaries of several long -term projects happening in the City.
The QBR is available on the City's website (newportbeachca.gov /qbr) and a printed
copy is on file at the Central Library.
Your comments are welcomed.
Quarterly Business Report — July Through September 2012
November 27, 2012
Page 2
ENVIRONMENTAL REVIEW:
Not required.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
kLt Le_c�zn
Mary Locey
Public Information Sp�ialist
Attachments: A. Quarterly Business Report -July through September 2012
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TABLE OF CONTENTS
1 Executive Summary
2 Market Update
2 Top "3" Revenues
6 Other Financial News
13 Board of Library Trustees
14 Building & Fire Board of Appeals
15 City Arts Commission
16 Civil Service Board
17 Harbor Commission
18 Parks, Beaches & Recreation Commission
19 Planning Commission
20 Finance Committee
21 Citizens Bicycle Safety Committee
22 Coastal /Bay Water Quality Citizens Advisory Committee
23 Environmental Quality Affairs Citizens Advisory
Committee
24 Newport Coast Advisory Committee
25 Special Events Advisory Committee
26 Aviation Committee
27 General Plan /Local Coastal Program
Implementation
28 July 4th West Newport Safety Planning Committee
29 Neighborhood Revitalization Committee
30 Tidelands Management Committee
31 Updating Harbor Charges
34 Civic Center & Park Construction
36 Existing City Hall Complex Re -use
38 Fire Rings
40 Group Residential Uses
42 Implement Traffic Management Plan
44 Lower Bay Dredging Project
46 Marina Park
48 Newport Banning Ranch
50 Reduce Fire Hazard in Buck Gully
52 Relinquishment of Newport Boulevard
54 Rev Priority Area: Balboa Village
56 Sunset Ridge Park
58 Transportation Fair Share Fee
60 West Newport Beach Facility Planning
62 Widen Jamboree in the Airport Area
Financial Report
city of newport beach I finance department
newportbeachca.gov 1 949.644.3127
quarter ending september 30, 2012
EXECUTIVE SUMMARY
The City of Newport Beach Finance Department prepares quarterly financial reports for the City Council
to review the status of revenues and expenditures for the City's funds. This quarterly financial report
contains information on resources and expenditures for the first quarter of the fiscal year, which is the
period between July 1, 2012, and September 30, 2012. Revenue categories and current expenditures
are thus far performing within expected levels. The City has an ambitious agenda driven by its desire
to revitalize many areas. However, there are significant financial commitments on the horizon that
will require us to assess our ability to pursue these goals while maintaining a balanced budget. These
financial commitments include escalating retirement costs, obligations to the Tidelands Improvement
Master Plan, costs associated with the move to the new Civic Center, and other Facilities Replacement
Plan projects.
Economic growth is expected to increase at a slow but steady pace over the next few years. Newport
Beach has several attributes that have historically supported strong economic growth and financial
sustainability. Going forward these core strengths will provide a firm base for continuing expansion. In
summary, our forecast maintains a cautiously optimistic outlook for the near term and we will reassess
our assumptions as conditions improve.
Market Update
The current U.S. outlook calls for continued gradual economic improvement for the remainder of this
year and through 2013. Job creation has remained steady for the last 28 months and unemployment is
expected to continue its decline. Currently, the U.S. markets are on a pace that will produce at least 2.3
million jobs in 2013, with unemployment estimated to not fall below 8 percent until 2014. Gross Domestic
Product (GDP) is forecasted to grow moderately at 2.1 percent by the end of 2012 and 1.8 percent in
2013, accelerating to nearly 3 percent in 2014.
Orange County's economy is moving beyond "recovery" and has several attributes that have historically
supported strong economic growth including its universities, high tech industries and the pull of tourist
attractions. Some of Newport Beach's most vital employment sectors including leisure and hospitality,
information technology, and professional and business services have shown the most secure job growth
in California during the recovery period. Economists predict that growth will accelerate for the remainder
of this and next year with the local economy adding jobs at a slow but steady rate. However, a generally
conservative outlook is warranted at this early phase of the recovery.
According to economists, Orange County needs to generate about 15,000 new jobs just to keep
unemployment in check. With new graduates entering the workforce, about 15,000 jobs are needed just
to absorb them. Moreover, there is the looming prospect that the combination of higher federal taxes and
spending cuts set for next year, otherwise known as the "fiscal cliff," might reduce GDP by as much as four
percentage points.
Top "3" Revenues
The General Fund's top three revenue sources (Property Tax, Sales Tax, and Transient Occupancy Taxes)
account for 74 percent of General Fund revenues. Certain revenues lag during the first quarter as they are
received in large part during December and April of each fiscal year. Therefore, first quarter results are not
indicative of annual performance. With 25 percent of the year complete, General Fund revenues are at
13 percent of projections.
PROPERTY TAX
Overall, the City has received $2.1 million, or 3 percent, of its budgeted property taxes through the
end of the first quarter. Secured property faxes are recorded as they are remitted, in large part, during
December and April of each year. The City realized a 3.4 percent and 2.7 percent year- over -year
increase in its property tax charge (levy) and assessed valuation, respectively, and will most likely meet
its budget projections if delinquencies do not exceed 3.5 percent. The timing of property tax distributions
from the County are often unpredictable and vary year to year. First quarter results are thus not indicative
of expected budget performance at year end.
Property Tax Category
Secured Property Tax
Unsecured Property Tax
Prior Year Taxes, Penalties & Interest
Supplemental Taxes
All Other Property Taxes
TOTAL
2
Amended
Percent Prior Year
Budget
YTD Actual
Realized
YTD Actual
Inc /Dec
2012/13
2012/13
2012/13
2011/12
from PY
$60,263,000
$0
0%
$0
0%
$2,400,000
$1,487,854
62%
$1,818,176
-22%
$1,300,000
$343,570
26%
$411,923
-20%
$725,000
$95,383
13%
$39,415
59%
2% $127,752 18%
-15%
SALES TAXES
Businesses collecting sales and use taxes periodically remit the amount collected to the State Board
of Equalization (BOE). To compensate for the lag time between the sales period and the time the tax
is remitted to the City, each quarter the BOE advances sales tax collections based on BOE estimate of
economic activity. The amount of sales realized in the first quarter represents one advance payment
from the BOE. A comparison of sales and use tax performance from the prior year reveals that the City
realized an 8 percent increase on the advance on a quarter- over - quarter basis.
Sales Tax
Sales and Use Tax
Property Tax in Lieu of Sales Tax
TOTAL
Amended
Percent Prior Year
Budget YTD Actual Realized YTD Actual Inc /Dec
2012/13 2012/13 2012/13 2011/12 from PY
$20,631,629 $1,455,000 7% $1,340,600 8%
$6,613,750 $0 0% $0 0%
$27,245,379 $1,455,000 5% $1,340,600 8%
Overall, sales tax receipts are trending upward. There are six main categories of sales tax including
transportation, retail, food products, business to business, miscellaneous, and construction. The table
below indicates that the City has seen an increase in most categories from the prior year.
Within the transportation sales tax category, new auto sales, which accounts for 19.9 percent of all sales
tax, increased 13 percent from the prior year. The food products category, which includes restaurants,
represents 21.1 percent of all sales tax and increased 4 percent from the prior year.
TRANSIENT OCCUPANCY TAXES
The City has received $6 million, or 41 percent, of its budgeted Transient Occupancy Taxes (TOT) through
the end of the first quarter. TOT collections have increased $473,000 or 8 percent year- over -year. This
increase is due to increases in occupancy rates in 16 of the City's 20 hotels, motels, cottages, and resorts
and a generally improving travel and tourism business sector.
Amended Percent Prior Year
Budget YTD Actual Realized YTD Actual Inc /Dec
2012/13 2012/13 2012/13 2011/12 from PY
Transient Occupancy Taxes $14,390,157 $5,961,609 41% $5,488,928 8%
% of Total
Inc /Dec
Sales Tax Category
Sales Tax
2012 Q2
2011 Q2
from PY
Transportation
27.4%
6,832,128
6,230,170
10%
General Retail
26.9%
6,689,208
6,088,279
10%
Food Products
25.0%
6,217,472
5,763,729
8%
Business to Business
18.6%
4,628,530
4,365,920
6%
Miscellaneous
1.2%
288,465
302,971
-5%
Construction
1.0%
238,919
247,350
-3%
Total
100%
$24,894,722
$22,998,421
8%
Within the transportation sales tax category, new auto sales, which accounts for 19.9 percent of all sales
tax, increased 13 percent from the prior year. The food products category, which includes restaurants,
represents 21.1 percent of all sales tax and increased 4 percent from the prior year.
TRANSIENT OCCUPANCY TAXES
The City has received $6 million, or 41 percent, of its budgeted Transient Occupancy Taxes (TOT) through
the end of the first quarter. TOT collections have increased $473,000 or 8 percent year- over -year. This
increase is due to increases in occupancy rates in 16 of the City's 20 hotels, motels, cottages, and resorts
and a generally improving travel and tourism business sector.
Amended Percent Prior Year
Budget YTD Actual Realized YTD Actual Inc /Dec
2012/13 2012/13 2012/13 2011/12 from PY
Transient Occupancy Taxes $14,390,157 $5,961,609 41% $5,488,928 8%
GENERAL AND TIDELANDS FUNDS EXPENDITURES BY DEPARTMENT
With expenditures at 23 percent of the amended budget, the General Fund is generally on -track and
consistent with the prior year. The table below summarizes General Fund expenditures by department
through September 30, 2012.
4
Amended Thru Period 3
Percent
Department
Budget (Sept 30, 2012) Variance
Expended
City Council
1,003,776 228,915
774,861
23%
City Clerk
714,950 166,751
548,199
23%
City Manager
2,552,454 533,589
2,018,865
21%
Human Resources
2,671,730 543,243
2,128,486
20%
City Attorney
2,307,853 406,058
1,901,795
18%
Finance
6,849,050 1,611,583
5,237,467
24%
Police
42,111,038 10,824,844 31,286,194
26%
FY 2012 -13 Fire
35,838,400 10,332,415 25,505,985
29%
Planning
8,656,647 2,084,831
6,571,817
24%
MOD
22,954,701 5,096,701 17,858,000
22%
Library
6,991,358 1,858,687
5,132,671
27%
Recreation
8,944,116 2,622,546
6,321,571
29%
Public Works
8,402,854 1,713,091
6,689,764
20%
Electrical
1,725,671 376,619
1,349,052
22%
C.I.P.
10,605,613 850,822
9,754,791
8%
OPEB
2,466,000 -
2,466,000
0%
FFP
4,676,143
4,676,143
0%
Debt Service
- -
-
-
Total
$169,472,355 $39,250,694 $130,221,662
23%
Amended Thru Period 3
Percent
Inc /Dec from
Department
Budget (Sept 30, 2011) Variance
Expended
Py
City Council
1,137,377 165,365 972,012
15%
38%
City Clerk
546,465 151,959 394,506
28%
10%
City Manager
1,944,483 422,320 1,522,163
22%
26%
Human Resources
2,397,667 457,984 1,939,683
19%
19%
City Attorney
2,302,827 435,801 1,867,027
19%
-7%
Finance
6,928,312 1,637,981 5,290,331
24%
-2%
Police
41,817,471 11,069,718 30,747,753
26%
-2%
Fire
34,619,298 9,916,006 24,703,292
29%
4%
FY 2011 -12 Planning
9,180,344 2,232,861 6,947,483
24%
-7%
MOD
22,411,102 4,836,110 17,574,991
22%
5%
Library
6,916,001 1,864,080 5,051,921
27%
0%
Recreation
8,492,156 2,530,208 5,961,948
30%
4%
Public Works
7,520,084 1,737,009 5,783,075
23%
-1%
Electrical
1,791,785 331,659 1,460,126
19%
14%
C.I.P.
12,289,841 1,782,615 10,507,226
15%
-52%
OPEB
2,314,000 - 2,314,000
0%
FFP
4,016,812 4,016,812
0%
Debt Service
1,551,057 1,551,057
0%
Total
$168,177,080 $39,571,674 $128,605,406
24%
-1%
4
EXPENDITURE TRENDS
Expenditure Trends -All Funds
First quarter FY 2012 -13 expenditure categories
including salaries and benefits, maintenance
and operation, and capital improvements
are generally consistent with the prior year.
When compared to this same time last year,
maintenance and operation expenditures
are higher due to certain expenditures being
recorded one month earlier.
■Salaries & Benefits
■M &0
is Capital Improvement
Salaries & Overtime Comparison
The chart on the right compares how the first
quarter salary and overtime expenditures have
changed over time since FY 2007 -08. Fiscal year
2012 -13 expenditures are generally consistent
with the prior year. Overtime expenditures have
remained generally flat while full -time positions
have declined since fiscal year 2009 -10.
• Itegular Salaries
■C ertime
Full Time Positions Trend
The chart on the right depicts the City's
ongoing efforts at reducing full -time positions to
mitigate the impact of rising pension costs and
the need to invest in City infrastructure.
0
0
$40
$3s
$30
$2s
$zo
$15
$10
$5
2008 2009 2010 2011 2012 2013
840
927
820 614
001
goo
780
a
6
� ]60
s<
]40
720
700
2006 2007
2008 2009 2010
Fiscal Year
2011
2012 2013
Budgeted
Jr
Other Financial News
PENSION COST QUESTIONS AND ANSWERS
Why are pension costs increasing?
Very simply, the accrued pension liabilities continue to exceed assets set aside to fund the projected
benefit obligations. And, while the City has always funded 100 percent of the actuarial determined
pension contribution, the market value of pension assets has been quite volatile. The combined effect
is that the unfunded liability increased to a high of $263 million in 2009, but is still $226 million as of the
last actuarial valuation dated June 30, 2011. Since the unfunded pension liability has risen dramatically
over the last several years, so too have the annual pension costs.
Unfunded Pension Liability at Market Value
$800
$700
$600
$500
N
C
$400
$300
$200
$100 1
2002 2003 2004
Accrued Pension Liability 333 369 I 402
O Market Value of Assets 288 293 '336
-411l.-Unfunded Liab. At Market Value 45 76 66
2005 2006 2007 12008 1 2009 1 2010 1 2011
429 480 1 501 553 617 652 693
377 1 419 1 499 1 472 1 354 1 395 1 467
51 I 61 I 2 1 82 I 263 1 257 1 226
Can pension benefits be further reduced?
Yes, however federal pension regulations only allow benefit reductions to be implemented on a
prospective basis and therefore, such reductions can take decades to unwind.
Can the City terminate the Pension Plan altogether?
Yes, but the legislatively defined plan termination costs are very high.
6
What has the City done to control pension costs?
The City has reached agreement with employee associations to reduce benefits including creating a
second lower tier. While second tier benefits will take many years to have a meaningful impact on the
accrued pension liability, employee associations have also agreed to cost sharing agreements where
employees contribute as much as 9 percent of their salary to the existing pension obligation. Cost
sharing provides the City an immediate cash infusion relieving some of the existing pension burden.
$25,000,000
Employee / Employer $20,000,000
Pension Contribution Trend
$15,000,000
� Employee Contribution - Misc. $10,000,000
Employee Contribution - Safety
� Employer Contribution $5,000,000
— Employee Contribution as a % of Total Pension Cost
FY 08 FY 09 FY 10 FY 11 FY 12 FY 13 YTD
20%
18%
16%
14%
12%
10%
8%
6%
4%
2%
0%
What caused the significant unfunded pension liability (difference between pension assets and accrued
pension liabilities)?
There are a number of factors including 1) dramatic
volatility in the equities market resulted in investment Income Used to Fund Pension Programs
returns falling short of expectations; 2) when market
returns were strong, many public entities including
Newport Beach, increased pension benefits; 3) people '
are generally living longer than actuaries originally
projected; and 4) expectations for future investment
returns have been reduced by actuaries reflecting the
belief that pension assets will grow more slowly.
This last point is significant since approximately
73 percent of pension funding is expected to come
from investment earnings according to the National
Conference of Public Employee Retirement Systems
(NCPERS). Expectations for future investment returns
have been ratcheted downward. Therefore, required
pension contributions are increasing. CalPERS has
revised the investments earnings rate down from 7.75
percent to 7.5 percent and may consider a further
decrease of 0.25 percent in the next year.
Source 2012 NCPERS Public Fund Study
How will the Governor's Public Employee Pension Reform Act of 2013 ( PEPRA) impact the City?
PEPRA will create a third tier of lower benefits but is not applicable to employees transferring from other
CalPERS agencies unless they have been separated from service for more than six months. Among other
provisions, the most significant pension reform measures impacting the City are: (1) reduced retirement
formula and increased retirement ages; (2) a cost sharing of 50% annual "normal cost" by all members;
(3) anti - spiking provisions; and (4) pensionable compensation and limitations. The provisions of PEPRA will
take many years to have a meaningful impact on the accrued pension liability.
The sharing of normal cost applies to both current and new members. PEPRA states that beginning
January 1, 2018 the employer may unilaterally require employees to pay 50% of the total annual normal
cost up to an 8% contribution rate for miscellaneous employees and an 11%-12% contribution rate for
safety employees.
A summary comparison of the pension provisions are as follows:
Legacy Plan City Initiative Governor's Initiative
Employee Group Tier 1 (Current Formula) Tier 2 Tier 3 (PEPRA Formula)
Miscellaneous 2.5% @ 55 2% @ 60 2% @ 62
Police Safety
3.% @ 50
Fire Safety
3.% @ 50
Lifeguards
3.% @ 50
Member Definition
All City employees hired on
-
or before date of 2nd tier
18.8%
implementation date
Estimated Effective Date Ends November 24, 2012
Compensation Single Year Highest
Compensation Cap NA
Mandated Normal Cost sharing ■ NA
Effective date- Mandated Cost sharing January 1, 2018
■ Estimates of Pension Contributions - 2008, 2012, 2014
3% @ 55 2.7% @ 57
2% @ 50 2.7% @ 57
2% @ 50 2.7% @ 57
1) New employees hired after 1) New to the PERS System
2nd tier implementation date 2) Employees within the PERS
and December 31, 2012 system with >6 month break in
2) Employees within the PERS service
system hired after January 1, 3) Employees moving between
2013 retirement systems with >6
November 25, 2012
Three -Year Final Average
NA
NA
January 1, 2018
month break in service
January 1, 2013
Three -Year Final Average
$132,120 for FY 12, CPI
adjusted annually thereafter
Employees: > or = 50%
January 1, 2015
Bargaining Unit or Classification
Percent of Salary Paid to Pensions
in at...
At end of current contract:
...2008
...end of Current
Contracts (2012
or 2014)
Percent of Total
Pension Costs paid
by EE'
Est $ Pension
Contribution/ Year,
Typical Employee'
Fire Rank - and -File (Sworn)
-
9.00
18.8%
$ 9,173
Fire Rank - and -File (Civilian)4
3.42
8.00
32.0%
$ 8,819
Fire Managers
-
9.00
18.8%
$ 14,040
Permanent Lifeguards
-
9.00
18.8%
$ 6,739
Police Rank - and -File (Sworn)'
-
12.10
25.2%
$ 10,696
Police Rank - and -File (Civilian )4
3.42
8.00
32.0%
$ 5,325
Police Managers3'5
-
12.10
25.2%
$ 15,730
Engineers, IT, Other Technica13
3.42
8.00
32.0%
$ 7,821
Clerical and Administrative
3.42
8.00
32.0%
$ 4,992
League Employees3
3.42
8.00
32.0%
$ 4,826
Department Directors
3.42
8.00
32.0%
$ 13,728
City Manager, City Clerk and City
Attorney'
3.42
9.00
36.0%
$ 21,060
*See footnote an next page.
8
LATEST CALIPERS ACTUARIAL VALUATION
Based on our June 30, 2011, actuarial valuation (used to set contribution rates for 2013 -14) the funded -
status of our pension plans on a market value basis has improved to 71.2% for the Miscellaneous Plan
and 64.8% for the Safety plan. However, the combined unfunded liability totals nearly $226 million on a
market value basis. The most recent actuarial valuation, which sets the contribution rates for fiscal year
2013 -14, incorporates several changes in actuarial assumptions as follows:
• Inflation assumption rate lowered from 3% to 2.75%
• Payroll growth lowered from 3.257. to 3%
• Discount rate lowered from 7.75% to 7.5%
The combined impact of the changes in actuarial assumptions will further increase employer
contribution rates in fiscal year 2013 -14. The City will have the option of phasing -in the actuarial
assumptions over one or two years. Depending on whether the City elects to phase -in the actuarial
assumptions or not, the miscellaneous contribution rate will increase either 0.7% or 1.4% (as percent
of payroll). For the safety plan, the employer contribution rate will increase either 3.4% or 4.8% (as a
percent of payroll). In total, the increased contribution amounts to approximately $1.2 million or $2
million depending on the phase -in option elected. If the City elects to not to phase in the effects of the
actuarial assumption changes and pay the higher initial contribution rate, the City's annual contribution
rate will be approximately 4% lower for the next 19 years than it would otherwise be, reducing the
overall interest repayment approximately 3.8 %.
We understand that CalPERS will be visiting further actuarial assumptions in the coming year. With the
unfunded liability totaling nearly $226 million and the current trend toward more conservative actuarial
assumptions, it is more likely that the cost of public pension plans will continue to increase in the coming
years than decrease. The City will be monitoring emerging issues with pension administration very
closely and will be making every feasible effort to reduce the cost of pensions moving forward.
'Footnote from page 8.
' Estimates only (based on average employee salary in that unit in 2014, preliminary PERS rates in 2014, etc.) Some
contracts under renegotation now.
'These classifications "at will" and not represented.
3 Negotiations currently underway.
4 Could change if other civilian groups contribute more.
s Negotiated increase (subject to change) to maintain the 3 % @55 formula.
& Committees Report
city of newport beach I city manager's office
newportbeachca.gov i 949.644.3001
quarter ending september 30, 2012
I
Board of Library Trustees
PURPOSE:
Appointed by the Newport Beach City Council,
the Board of Library Trustees is a policy- making
board responsible for the administration of
City libraries. The Board considers the annual
budget for library purposes during the process
of its preparation and makes recommendations
to the City Council and City Manager. The
Board also approves or disapproves the
appointment, suspension, or removal of
the Library Services Director. Subject to the
approval of the City Council, the Board
accepts money, personal property, or real
estate donated to the City for library purposes,
and contracts with schools, county, or other
governmental agencies to render or receive
library services or facilities.
COMMITTEE AUTHORIZATION:
City Charter, Article VII, Section 708
COMMITTEE MEMBERS:
Jill Johnson - Tucker (Chair), Stephanie Murguia,
Jerry King, Eleanor M. Palk, Robin Grant
LENGTH OF TERM FOR MEMBERS:
The five members of the board serve for a term
of four years on a staggered basis.
FREQUENCY OF MEETINGS:
The first Monday each month, unless otherwise
noticed.
STAFF LIAISON:
Cynthia Pulliam Cowell, MLS, Library Services Dir.
STAFF SUPPORT:
Staff allocates approximately 22 hours a month
to this board.
QUARTERLY PROGRESS REPORT
The Board of Library Trustees met this quarter to discuss, review,
or approve the following items:
• Election of Officers - Trustee Johnson - Tucker was elected
as Chair, Trustee King was elected Vice- Chair, and Trustee
Murguia was elected Secretary.
• Donor panels - approved replacement of donor panels
on the exterior wall of the Central Library.
• Annual donations - accepted donations from the Friends
of the Library and Newport Beach Public Library
Foundation support groups.
• Holiday operating hours - approved a holiday operating
plan for the three branch Libraries to remain open. The
hours of operation will be Wednesday, December 26,
through Sunday, December 30, from 9:00 a.m. to 6:00
p.m., with the exception the Balboa and Corona del Mar
branches being closed on Sunday, December 30.
• By -laws amendment - approved an amendment for
regularly scheduled meetings that fall on a City observed
holiday to be held on the following business day.
• Subcommittee formed - approved the creation of a two
member subcommittee to work with staff on
Library financial matters.
Visit the library online at newportbeachca.gov /nbpl.
13
Building & Fire Board
of Appeals
PURPOSE:
Determine the suitability of alternate materials and
methods of construction; to provide for reasonable
interpretations of the provisions of the Building
and Fire Codes; to hear written appeals regarding
the Chief Building Official's or Fire Marshal's
determinations.
COMMITTEE AUTHORIZATION:
Uniform Administrative Code, Section 201 and
NBMC 15.02.120
COMMITTEE MEMBERS:
Robert W. Yant (Vice Chair), James Anderson,
Ernie Liske, Richard R. Luehrs, Stephen Sandland
LENGTH OF TERM FOR MEMBERS:
The seven members of the board serve for a term
of four years on a staggered basis.
FREQUENCY OF MEETINGS:
As needed
STAFF LIAISON:
Kevin Kitch, Assistant Fire Chief
Seimone Jurjis, Chief Building Official
STAFF SUPPORT:
When the board is called into session, staff
allocates approximately six hours to each
session. Costs for services are recovered by the
payment of appeal application fees established
by City Council resolution. If an item presented
to the Board is staff generated, then no fees are
recovered.
14
QUARTERLY PROGRESS REPORT:
The board did not meet during this quarter.
Applications are being accepted to fill two
vacant seats on the board.
City Arts Commission
PURPOSE:
Appointed by City Council, the City Arts
Commission acts in an advisory capacity to the
City Council in all matters pertaining to artistic,
aesthetic and cultural aspects of the City. The
City Arts Commission also recommends to the
City Council the adoption of such ordinances,
rules and regulations as it may deem necessary
for the administration and preservation of
fine arts, performing arts, historical, aesthetic
and cultural aspects of the community.
On behalf of the City, the Arts Commission
actively encourages programs for the cultural
enrichment of the community and performs
such other duties relating to the arts as the City
Council may require.
COMMITTEE AUTHORIZATION:
City Charter, Article VII, Section 712
COMMITTEE MEMBERS:
Robert Smith (Chair), Rita Goldberg (Vice
Chair), Carole Boller (Secretary), Arlene
Greer, Gilbert Lasky, Caroline Logan,
Christopher Trela
LENGTH OF TERM FOR MEMBERS:
The seven members of the commission serve for
a term of four years on a staggered basis.
FREQUENCY OF MEETINGS:
The second Thursday each month, unless
otherwise noticed.
STAFF LIAISON:
Jana Barbier, Cultural Arts Coordinator
STAFF SUPPORT:
Staff allocates approximately 80 hours a month
to this commission.
QUARTERLY PROGRESS REPORT:
The City Arts Commission met this quarter to discuss, review, or
approve the following items:
• Concerts in the Parks -the 2012 series marked its
twelfth year with performances by The Bracken Band on
July 22 at Bob Henry Park and The U.K. Beat at Bonita
Canyon Sports Park on August 5. Both concerts brought
full- capacity crowds.
• Shakespeare in the Park -the 2012 series marked its
eleventh year with the presentation of "Romeo and
Juliet" on July 7 and "Two Gentlemen of Verona" on July
8. The estimated attendance over the two day period
• - •• -
• Cultural Arts budget -the City Council approved an
additional $5,000 per year to fund two museum tours per
year.
Projected Tasks:
• Museum tours- planning an October 2 visit to the
"Cleopatra" exhibition at the California Science Center
and a February 21 visit to see "Van Gogh Self Portrait" at
the Norton Simon Museum.
• Civic Center - discussion and consideration of public art
for display in the park and buildings.
• Art exhibitions - review artist's applications for possible
future art exhibitions at Central Library and City Hall.
• Cultural Arts Grants FY 2012 -2013 - review Cultural Arts
Grant application submissions from local arts organizations
offering arts programs for Newport Beach citizens.
More information on the City's cultural arts programs
can be found online at newportbeachca.gov /
culturalarts.
15
Civil Service Board
PURPOSE:
Advise the Council on personnel matters,
recommend changes to the Civil Service System
Rules and Regulations, conduct appeal hearings
of City employees for disciplinary issues and
launch personnel administration investigations
for City employees covered by one of the Safety
Bargaining Units (FFA, FMA, LMA, NBPA and
PMA) and report its findings to City Council and
Manager.
COMMITTEE AUTHORIZATION:
City Charter, Article VII, Sections 710 & 711
COMMITTEE MEMBERS:
James "Mickey" Dunlap (Chair), Maiqual Talbot
(Vice Chair), Debra Allen, Douglas Coulter, Hugh
Logan
LENGTH OF TERM FOR MEMBERS:
The five members of the board serve for a term of
four years on a staggered basis.
FREQUENCY OF MEETINGS:
The first Monday each month, unless otherwise
noticed.
STAFF LIAISON:
Terri Cassidy, Human Resources Director
Jyll Ramirez, Admin. Assistant to the HR Director
STAFF SUPPORT:
Staff allocates approximately 20 -25 hours a month
to this board.
16
QUARTERLY PROGRESS REPORT:
In July, the Board welcomed back James "Mick-
ey" Dunlap and Debra Allen for another four
years of service. At the same meeting, the Board
elected Mr. Dunlap and Ms. Talbot to serve as
their 2012 -13 Chair and Vice Chair, respectively.
The Board stays current on issues through
continuing education and training. This quarter,
Assistant City Attorney Leonie Mulvihill presented
training on Brown Act updates. This ensures
compliance with open- meeting law and
transparency in government.
At the end of the quarter, the Civil Service
Board selected Vice Chair Talbot and Board
Member Allen to serve on a subcommittee,
with Deputy City Manager Terri Cassidy and
Assistant City Attorney Leonie Mulvihill, for the
purpose of interviewing potential outside special
legal counsel to advise the Board in specialized
hearings.
Harbor Commission
PURPOSE:
The purpose of the Harbor Commission is to
provide the City of Newport Beach with an
advisory body representing the diverse uses of
Newport Harbor and its waterfront.
A. Advise the City Council in all matters pertaining
to the use, control, operation, promotion and
regulation of all vessels and watercraft within
the Newport Harbor.
B. Approve, conditionally approve, or disapprove
applications on all harbor permits where the
City of Newport Beach Municipal Code assigns
the authority for the decision to the Harbor
Commission.
C. Serve as an appellate and reviewing body
for decisions of the City Manager on harbor
permits, leases, and other harbor - related
administrative matters where the City of
Newport Beach Municipal Code assigns such
authority to the Harbor Commission.
D. Advise the City Council on proposed harbor -
related improvements.
E. Advise the Planning Commission and City
Council on land use and property development
applications referred to the Harbor Commission
by the City Council, Planning Commission, or the
City Manager.
F. Make recommendations to the City Council
for the adoption of regulations and programs
necessary for the ongoing implementation of
the goals, objectives, and policies of the Harbor
and Bay Element of the General Plan.
COMMITTEE AUTHORIZATION:
City Charter, Article VII, Section 702
COMMITTEE MEMBERS:
Doug West (Chair), Duncan McIntosh (Vice Chair),
Brad Avery, David Girling, Ralph Rodheim, Paul
Blank, Karen Rhyne and City Council Liaison Mayor
Gardner
LENGTH OF TERM FOR MEMBERS:
The seven members of the commission serve for a
term of four years on a staggered basis.
FREQUENCY OF MEETINGS:
The second Wednesday of each month, unless
otherwise noticed.
STAFF LIAISON:
Chris Miller, Harbor Resources Manager
Shannon Levin, Harbor Resources Supervisor
STAFF SUPPORT:
Staff allocates approximately 25 hours per month to
this commission.
QUARTERLY PROGRESS REPORT:
The Harbor Commission met this quarter to discuss, review,
or approve the following items:
• Election of Officers- appointed Mr. West as Chair and
Mr. McIntosh as Vice Chair.
• Review - Tidelands Management Committee's
plan, Balboa Village Citizens Advisory Committee's
Implementation plan, Harborside Restaurant dining
deck at 400 Main Street
• Update -Newport Aquatic Center
• Harbor Commission FY 2012 -13 goals & objectives -
subcommittee formed to review and recommend
goals, which the full commission approved.
The City's Harbor Guide is available online at
newportbeachca.gov /harborguide.
17
Parks, Beaches &
Recreation Commission
PURPOSE:
A. Act in an advisory capacity to the City Council
in all matters pertaining to parks, beaches,
recreation, parkways and street trees.
B. Consider the annual budget for parks, beaches,
recreation, parkways and street
tree purposes during the process of its
preparation and make recommendations with
respect there to to the City Council and the City
Manager.
C. Assist in the planning of parks and recreation
programs for the inhabitants of the City,
promote and stimulate public interest therein,
and to that end solicit to the fullest extent
possible the cooperation of school authorities
and other public and private agencies
interested therein.
D. Establish policies for the acquisition,
development and improvement of parks,
beaches and playgrounds and for the planting,
care and removal of trees and shrubs in all
parks, playgrounds and streets, subject to the
rights and powers of the City Council.
COMMITTEE AUTHORIZATION:
City Charter, Article VII, Section 709
COMMITTEE MEMBERS:
Kathy Hamilton (Chair), Tom Anderson (Vice Chair)
Ron Cole, Roy Englebrecht, Phillip Lugar, Marie
Marston and Jack Tingley
LENGTH OF TERM FOR MEMBERS:
The seven members of the commission serve for a
term of four years on a staggered basis.
FREQUENCY OF MEETINGS:
The first Tuesday each month, unless otherwise
noticed
STAFF LIAISON:
Laura Detweiler, Recreation &Senior Services Dir.
Mark Harmon, Municipal Operations Director
18
STAFF SUPPORT:
Staff allocates approximately 57 hours per month
to this commission. This includes staff from the
Recreation & Senior Services Department and the
Municipal Operations Department.
QUARTERLY PROGRESS REPORT:
The Parks, Beaches & Recreation Commission met this
quarter to discuss, review, or approve the following
items:
• Bench donations -two approved.
• Reforestation requests - two approved.
• Newport Mesa Soccer Club request for
temporary lights at Bonita Canyon Sports Park -
approved.
• FY 2011 -12 youth sports groups maintenance
fund review and proposed modifications to fund
procedures in the allocation policy- approved.
• Donation of fitness equipment & furniture to the
OASIS Fitness Center - approved.
Planning Commission
PURPOSE:
The Planning Commission has the following duties as
established by the City Charter:
A. After a public hearing thereon, recommended
to the City Council the adoption, amendment or
repeal of a Master Plan, or any part thereof, for
the physical development of the City;
B. Exercise such control over land subdivisions as is
granted to it by ordinance not inconsistent with
the provisions of the Charter;
C. Make recommendations to the City Council
concerning proposed public works and for
the clearance and rebuilding of blighted or
substandard areas within the City; and
D. Exercise such functions with respect to zoning and
land use as may be prescribed by ordinance not
inconsistent with the provisions the Charter.
COMMITTEE AUTHORIZATION:
City Charter, Article VII, Sections 706/707
COMMITTEE MEMBERS:
Michael Toerge (Chair), Bradley Hillgren (Vice Chair),
Fred Ameri (Secretary), Tim Brown, Kory Kramer, Jay
Meyers, and Larry Tucker
LENGTH OF TERM FOR MEMBERS:
The seven members of the commission serve for a
term of four years.
FREQUENCY OF MEETINGS:
Twice per month on the Thursday preceding City
Council meetings unless otherwise noticed.
STAFF LIAISON:
Kimberly Brandt, Community Development Director
STAFF SUPPORT:
Staff allocates approximately 25 hours per month to
this commission.
QUARTERLY PROGRESS REPORT:
The Planning Commission met this quarter to
discuss, review, or approve the following items:
• Telecommunications Ordinance review and
stakeholder meeting.
• Use Permits -six including expansion of an
existing convenience / service station.
• Balboa Village Master Plan- forwarded
recommendation for City Council approval.
• Variances for additions to single - family
residences - two.
Projected Tasks:
• Review of development applications for a mixed
use development in Corona del Mar and
a residential development on Jamboree
(Uptown Newport).
• Amendment to the Telecommunications
Ordinance.
19
Finance Committee
PURPOSE:
Responsible for fiscal governance, the Finance
Committee reviews and monitors events and issues
which may affect the financial status of the City
and oversees adherence to the 15 -Point Fiscal
Sustainability Plan.
COMMITTEE AUTHORIZATION:
Established by Resolution 94-110
COMMITTEE MEMBERS:
Council Member Curry (Chair), Council Member
Daigle and Council Member Henn
LENGTH OF TERM FOR MEMBERS:
Pursuant to Council Policy A -9, the Mayor
makes annual appointments, subject to Council
confirmation. There is no limit on the term Council
Members may serve.
FREQUENCY OF MEETINGS:
Quarterly, with an additional meeting during
budget season.
STAFF LIAISON:
Dan Matusiewicz, Finance Director
STAFF SUPPORT:
Staff allocates approximately 20 hours per month
to this committee. (It should be noted that the
majority of the materials and reports provided
to the Finance Committee are typical financial
reports that would need to be produced and
reviewed regardless of the Finance Committee's
existence.)
20
QUARTERLY PROGRESS REPORT:
The Finance Committee met in September to discuss,
review, or approve the following items:
• Quarterly Financial Report - briefing on the preliminary
unaudited closing results reported for Fiscal Year
2011 -12 ended June 30, 2012, as well as other
financial news related to growth in assessed
properly values, the reaffirmation of the City's bond
and credit rating, and savings achieved for assessed
parcel owners by assessment district refinancing.
• Provided direction on material and procurement
options for the Big Canyon Reservoir floating cover
replacement.
• Conducted annual review of the performance and
characteristics of the City's investment portfolio.
• Annual review of Council Policy F -1, Statement
of Investment Policy, considered proposed
amendments for clarification and
streamlining administrative procedures within the
Policy.
The City's budget documents can be found online at
newportbeachca.gov /budget.
Citizens Bicycle Safety
Committee
PURPOSE:
Promote bicycle safety and responsible cycling
within the City through public outreach, bicycle
facility improvements, and review of City policies
and practices related to bicycles.
COMMITTEE AUTHORIZATION:
Resolution 2010 -99
COMMITTEE MEMBERS:
Mayor Gardner, Sean Matsler, Denis LaBonge,
Anthony Petrs, Michael Alti, Lou Cohen, Bob
Kahn, Frank Peters
LENGTH OF TERM FOR MEMBERS:
The seven members of the committee serve for a
term of one year.
FREQUENCY OF MEETINGS:
The second Monday each month, unless
otherwise noticed.
STAFF LIAISON:
Brad Sommers, Senior Civil Engineer
STAFF SUPPORT:
Staff from the Public Works Department and
Police Department allocates approximately
50 -100 hours per month to this committee. In
addition, this quarter the Police Department's
Traffic Division conducted two bicycle safety
operations for a total of 30 hours.
QUARTERLY PROGRESS REPORT:
To date, City staff with the assistance of the
Bicycle Committee has completed the following:
• Education and outreach - a subcommittee was
created to develop an outreach and education
program for the sharrow installation in the Corona
del Mar Village.
• Bicycle facility improvements - staff successfully
competed for grant funding for the installation of
bicycle lanes and improvements on
Jamboree, San Joaquin Hills, Ford, and Spy
Glass Hill. A subcommittee was created to review
and propose improvements to bicycle
focus areas. Approval from Caltrans was granted
for installation of bicycle improvements at the
Newport Coast / SR73 ramps interchange.
Note: Following the close of the quarter, staff
implemented the bicycle safety campaign
"Some Rules Some Roads" and a contractor
installed the sharrow markings on East Coast
Highway in Corona del Mar.
Find out more on bicycle safety and trails at
newportbeachco.gov/bikesafety.
21
Coastal /Bay &Water Quality
Committee
PURPOSE:
The Committee advises and makes recommenda-
tions to the City Council on water quality /water
conservation policies, projects and programs that
will achieve the Committee's mission and the City
Council's priorities:
• Educate the watershed's population about the
value of Newport Bay and the ocean;
• Enforce and /or strengthen existing regulations on
actions that impair water quality or wildlife habitat;
• Advocate for policies, programs and projects that
improve the water quality of Newport Bay and the
ocean;
• Oppose policies, programs or projects that detract
from good water quality in the Newport Bay
watershed and the ocean; and
• Develop, fund, and monitor water quality initiatives,
including testing and structural projects, that meet
the Committee's mission.
COMMITTEE AUTHORIZATION:
Resolution 2003 -63
COMMITTEE MEMBERS:
Mayor Gardner (Chair), Council Member Henn
(Vice Chair), Roberta Jorgensen, Jim Miller, George
Robertson, Randy Seton, Tom Houston, Janet
Rappaport, Dennis Baker
LENGTH OF TERM FOR MEMBERS:
The three Council Members (currently, there is one
vacancy) and seven citizen members serve for
a one -year term subject to renewal by the City
Council.
FREQUENCY OF MEETINGS:
The second Thursday each month, unless otherwise
noticed.
STAFF LIAISON:
John Kappeler, Water Quality Manager
22
STAFF SUPPORT:
Staff allocates approximately 30 hours a month to
this committee.
QUARTERLY PROGRESS REPORT:
The Coastal /Bay and Water Quality Committee
met this quarter to discuss, review, or approve the
following items:
• Water quality projects and programs- reviewed
the Orange County Sanitation District's (OCSD)
Ouffall Maintenance project, Newport Bay Algae
program, Newport Beach's runoff reduction
program and energy conservation program.
• Presentations - Irvine Ranch Water District's (IRWD)
Michelson Plant Expansion project, Marine Recycling
Centers.
Projected Tasks:
• Big Canyon project
• Rhine Channel project wrap up
• Prop 84 ASBS grant program
• Poseidon Desalination project
• Bacteriological Dry- Weather Runoff Gutter Study
(Phase III)
• Runoff Reduction program - ET Controller project
update
• Senate Bill - SB1447
• Irvine Ranch Water District- Natural Treatment
System (NITS)
• Various educational programs and water quality
grant programs.
Environmental Quality
Affairs Committee
PURPOSE:
The mission of the Environmental Quality Affairs
Committee (EQAC) is to protect and enhance
the environmental quality of the City for the
health and enjoyment of residents and visitors.
When directed by the City Council EQAC:
A. Reviews and submits comments on Notices
of Preparation (NOP) and /or the Notice
of Completion (NOC) with respect to any
Environmental Impact Report (EIR) prepared
by the City;
B. Reviews and submits comments on behalf
of the City (subject to City Council or City
Manager approval) on environmental
documents prepared by other public
agencies for projects that have the potential
to cause significant adverse environmental
impacts within the City;
C. Reviews and submits comments on any
negative declaration prepared by the City
for any project;
D. Advises the City Council on policies,
programs and projects that improves or
detracts from the environmental quality of
the City; and
E. promotes education and awareness on
positive environmental practices.
COMMITTEE AUTHORIZATION:
Established by Resolution No. 87 -14
COMMITTEE MEMBERS:
Mayor Gardner, Debbie Stevens (Chair),
Kimberly Jameson, Merrit Van Sant, Nick
Roussos, Joan Penfl, Bruce Asper, Kevin Kelly,
Laura Curran, Vincent LePore, Kevin Nolen, and
Charles McKenna
LENGTH OF TERM FOR MEMBERS:
The members of the committee serve for a
term of four years on a staggered basis for a
maximum of two consecutive terms.
FREQUENCY OF MEETINGS:
Asneeded
STAFF LIAISON:
Patrick Alford, Planning Manager
STAFF SUPPORT:
Staff allocated approximately 20 hours to this
committee during the quarter.
QUARTERLY PROGRESS REPORT:
The committee presently has 1 1 vacancies. The terms
of four current members are due to expire in December
2012.
On June 12, 2012, the City Council directed the
committee to review and comment on the Uptown
Newport Draft EIR. A meeting was scheduled for July
30, 2012 for a presentation on the project and Draft
EIR review assignments. However, the meeting could
not be convened due to the lack of a quorum. The
Chair made assignments for review and a meeting was
scheduled for October 1, 2012. However, also due to
the lack of a quorum, the Committee was unable to
approve and submit comments on the Draft EIR. Staff
was unable to schedule another meeting within the 45-
day public review period, which ended on October 24,
2012.
23
Newport Coast
Advisory Committee
PURPOSE:
Advise the City in the implementation of the
Newport Coast Annexation Agreement and any
other issue relating to Newport Coast, Newport
Ridge, or Crystal Cove.
COMMITTEE AUTHORIZATION:
Established by Resolution 2001 -81
COMMITTEE MEMBERS:
Three members appointed by the City, four
appointed by the Newport Coast Committee of
2000 (NCC2K). Current membership includes Mayor
Gardner, Council Member Curry, Jim McGee
(Chair), Gerry Ross (Vice Chair), Daniel Wampole
and one vacancy
LENGTH OF TERM FOR MEMBERS:
The seven members of the committee serve for a
term of three years.
FREQUENCY OF MEETINGS:
In recent years, called as needed.
STAFF LIAISON:
Dave Kiff, City Manager
STAFF SUPPORT:
Minimal given that the committee has not met in
recent years.
24
QUARTERLY PROGRESS REPORT:
This committee cannot be disbanded without
violating the Newport Coast Annexation
Agreement, which calls for its creation and
maintenance. This committee met frequently
- monthly at least - in 2001, 2002, and for a few
years after the January 1, 2002 annexation of the
Newport Coast community. With the community
center completed and operating, fairly few
issues arise that require the committee to meet.
Committee members remain relatively active
in City issues, and very active in Newport Coast
issues (typically via their Master Homeowners
Associations).
Special Events
Advisory Committee
PURPOSE:
The Special Events Advisory Committee
(SEAC) was formed to assist the City Council
in evaluating requests for City support of
community events. The Committee assesses
every application for City support based
upon each event's ability to meet all or
most of the established evaluation criteria.
The Council relies upon the committee's
recommendation when making event
support funding decisions.
COMMITTEE AUTHORIZATION:
Established by Resolution No. 2009 -22.
COMMITTEE MEMBERS:
Paul Blank, Judy Brower, Janis Dinwiddie,
Marshall Topping, Vicki Higgins, Jeffrey Cole
LENGTH OF TERM FOR MEMBERS:
The committee is ongoing until such time as
the need for the committee no longer exists.
FREQUENCY OF MEETINGS:
As needed
STAFF LIAISON:
Tara Finnigan, Public Information Manager
STAFF SUPPORT:
None at this time.
QUARTERLY PROGRESS REPORT:
The committee did not meet this quarter.
25
Aviation Committee
PURPOSE
Generally, to assist the City in the implementation
of Council Policy A -17 (Newport Beach City Council
Airport Policy).
COMMITTEE AUTHORIZATION:
Established by Resolution #9597 (1979). Recently
amended by Resolution #2011 -31 (April 12, 2011)
COMMITTEE MEMBERS:
City Council (3) - Leslie Daigle (Chair), Rush Hill
(Vice Chair), and Keith Curry.
City Manager Dave Kiff
City Attorney Aaron Harp
Council District representatives - Kay Mortensen,
Henry Arjad (# 1), Eleanor Todd, Gerald Scarboro
( #2), Tom Anderson, Bonnie O'Neil ( #3), Tom Meng,
Ron Darling ( #4), John Cunningham, Craig Page
( #5), Shirley Conger, Lloyd "Bud" Rosner ( #6),
Suzanne Casey, Jim Dunlap ( #7).
President of Airport Working Group - Tony Khoury
Representative from Airfair /SPON - Melinda Seely
Resident of Newport Coast /Newport Ridge - Roger
Ham
General Aviation Representative - not yet named
LENGTH OF TERM FOR MEMBERS:
Not defined by Resolution.
FREQUENCY OF MEETINGS:
Monthly, on the last Monday unless otherwise
noticed.
STAFF LIAISONS:
Dave Kiff, City Manager
Tom Edwards, Consultant
STAFF SUPPORT:
Tom Edwards' attendance at the meetings and
his monthly "All Things Aviation" summary is part
of his monthly retainer ($5K /mo). Staff allocates
approximately eight hours per month to this
committee, although in this QBR period about 5
hours a week has been dedicated above that for
Settlement Agreement Issues and discussion over a
new departure pattern.
26
QUARTERLY PROGRESS REPORT:
The Aviation Committee again in this quarter
spent time discussing the impacts to the
community of the FAAs recent "NexGen"
departure patterns for JWA, especially the
"RAWLZ ". RAWLZ is not yet adopted, but is
intended to mimic the traditional departure
patterns over Upper Newport Bay for flights
staying west of Las Vegas or turning north
(about 50% of all flights leaving JWA) and
where the planes have cockpit equipment to
follow the RAWLZ.
Committee members hear from JWA officials
about JWAs passenger counts and the City's
efforts to extend the neighborhood - friendly
protections at JWA, including the commercial
and general aviation curfews and the
passenger and average daily departure caps.
These efforts began in the first quarter of 2012
and continue today.
It generally is the Committee's position that
the City always view Aviation via the lens
of Council Policy A -17 (Newport Beach City
Council Airport Policy). The policy does not
speak to departure patterns that may impact
one neighborhood over another, but it does
speak to the importance (above all else) of the
Settlement Agreement's protections.
More information can be found online at
newportbeachca.gov/jwa.
General Plan /Local Coastal
Program Implementation
PURPOSE:
The Committee is charged with the tasks of
developing a work program for the
following items and overseeing its progress:
A. Revision of Coastal Land Use Plan;
B. Revision of Zoning Code;
C. Completion of Local Coastal Program
Implementation Plan;
D. Study of infrastructure needs associated with
development authorized in the General Plan,
and establishment of developer impact fees for
infrastructure;
E. Revision of City Council policies;
F. Revision of Building Code;
G. Public participation on the previous items; and
H. Any other means of implementing the General
Plan that may be assigned to the Committee by
the City Council.
COMMITTEE AUTHORIZATION:
Established by Resolution No. 2006 -106
COMMITTEE MEMBERS:
Council Member Selich (Chair), Mayor Gardner,
Council Member Hill, and Planning Commission
Chair Michael Toerge, Planning Commissioner Fred
Amen, and Planning Commission Vice Chair Bradley
Hillgren
LENGTH OF TERM FOR MEMBERS:
Ongoing until such time as the need for the
committee no longer exists.
FREQUENCY OF MEETINGS:
As needed
STAFF LIAISON:
Brenda Wisneski, Deputy Community Development
Director
STAFF SUPPORT:
None
QUARTERLY PROGRESS REPORT:
The committee did not meet this quarter.
27
July 4th West Newport
Safety Planning Committee
PURPOSE:
The July 4th West Newport Safety
Committee was formed to assist the City of
Newport Beach in identifying measures to
help contain, and eventually eliminate,
unruly behavior in West Newport on
Independence Day. The Committee's goal
is to create a safe, family friendly holiday
environment that residents and visitors can
equally enjoy.
COMMITTEE AUTHORIZATION:
Established by Council Resolution No. 2002 -58 on
September 10, 2002.
COMMITTEE MEMBERS:
Council Member Henn (Chair), Council
Member Rosonsky, Craig Batley, Mary Bryant,
Paul Watkins, Margie Dorney, City Attorney or
designee, Police Department staff member
LENGTH OF TERM FOR MEMBERS:
Ongoing until such time as the need for the
committee no longer exists.
FREQUENCY OF MEETINGS:
As needed
STAFF LIAISON:
Tara Finnigan, Public Information Manager
Lt. Evan Sailor, Newport Beach Police Dept.
STAFF SUPPORT:
Minimal support needed for committee work.
(Significant staff time expended for the traffic
control, law enforcement, and community
event efforts.)
QUARTERLY PROGRESS REPORT:
The Fourth of July holiday traffic control, special event and law
enforcement plans that the committee reviewed in April were
fully executed during this quarter.
This was the second year of the City's multi-year strategy
to change the character of West Newport Fourth of
July festivities from unruly to family friendly in order to: (1)
reduce high law enforcement, traffic control, and after -
event maintenance costs; and (2) enhance and support
community spirit and neighborhood camaraderie.
To meet these objectives, the 2012 holiday plans included
less traffic control, continued enforcement of the City's Loud
& Unruly Gatherings Ordinance (LUGO), and an expanded
community parade and festival. The Newport Beach
Police Department (NBPD) also further refined its patrol
and enforcement strategies, including adding Mounted
Patrol thanks to the assistance of other Orange County law
enforcement agencies.
The results of these efforts were favorable. Less traffic control
saved the City money and labor resources and did not
create any secondary or negative impacts such as increased
congestion or larger crowds congregating. Consistent
communication about the enforcement of LUGO and other
local laws resulted in only two homes being tagged with
LUGO penalties on the Fourth of July holiday. The NBPD made
98 arrests on July 4, 2012, up slightly from the 92 arrests made
on the 2011 holiday. Law enforcement costs overall were
reduced by an additional $15,000 from the previous year.
A group of community volunteers once again worked
closely with the City's Recreation staff to organize the "July
4th is for Families" parade and festival. Community and
business sponsorships helped cover all of the event costs and
attendance grew this year to about 2,000 area residents.
The City was honored to win a Golden Hub of Innovation
award from the Association of California Cities - Orange
County (ACC -OC) in September for its Fourth of July strategy.
The ACC -OC awards program recognizes local governments
for innovative approaches to delivering municipal services.
Neighborhood Revitalization
PURPOSE:
The Neighborhood Revitalization Committee is a
direct outgrowth of one of the five 2011 annual
priorities identified by the City Council in February
of 2011. The purpose of the Committee is to identify
and then prioritize those areas of the community that
should have an investment of time, thought, and
resources to bring the areas up to "Newport Beach"
standards. Following City Council approval of the
prioritization, the Committee will identify desired
outcomes, develop a plan to achieve them, and
recommend budget appropriations to be approved
by the City Council. Additionally, the Committee has
identified and established Citizens Advisory Panels
(CAPS) to guide and implement the revitalization
strategy for each specific area, encouraging public
input throughout the process.
COMMITTEE AUTHORIZATION:
Established by Resolution 2011 -26
COMMITTEE MEMBERS:
Council Member Henn (Chair), Council Member
Selich, and Council Member Hill
LENGTH OF TERM FOR MEMBERS:
Term ends December 31, 2012
FREQUENCY OF MEETINGS:
As needed
STAFF LIAISON:
Kimberly Brandt, Community Development Director
STAFF SUPPORT:
The City Council allocated $650,000 from Fiscal
Year 2011 -2012 budget savings to fund this
overall effort to date. Depending upon specific
tasks, additional budgetary allocations may be
forthcoming. Staff allocates approximately five
hours per meeting to this committee.
QUARTERLY PROGRESS REPORT:
On September 13, 2012, the Neighborhood Revitalization
Committee approved making a recommendation to
the City Council for creating a new advisory committee
to oversee the execution of the newly adopted Balboa
Village Master Plan and directed staff to conduct a
survey regarding the proposed overnight resident permit
parking program. During its October 23 meeting, the City
Council appointed representatives to the new advisory
committee.
Future meetings of the Neighborhood Revitalization
Committee will be scheduled on an as needed basis.
More information can be found online at
newportbeachca.gov /revitalizafion.
29
Tidelands Management
PURPOSE:
The goals of the Tidelands Management
Committee are to:
1) Establish long term visions for the tidelands
including the Upper and Lower Bays,
beaches and other components;
2) Study and adopt a Tidelands Infrastructure
Master Plan;
3) Research, consider and recommend
appropriate governance structures;
4) Oversee ongoing execution of the Tidelands
Infrastructure Master Plan projects; and
5) Identify and establish a Citizens Advisory
Panel to assist the Committee, encouraging
public input throughout the process.
COMMITTEE AUTHORIZATION:
Established by Resolution 2011 -26
COMMITTEE MEMBERS:
Mayor Gardner, Council Member Henn (Chair)
and Council Member Selich
CITIZENS ADVISORY PANEL MEMBERS:
Linda Beimfohr, John Corrough, Win Fuller,
Terry Hartman, Jeff Herdman, Jerry King, Don
Lawrenz, Doug West
LENGTH OF TERM FOR MEMBERS:
December 31, 2012
FREQUENCY OF MEETINGS:
The third Wednesday each month, unless
otherwise noticed.
STAFF LIAISON:
Chris Miller, Harbor Resources Manager
STAFF SUPPORT:
Staff allocates approximately 30 hours per
month to this committee.
30
QUARTERLY PROGRESS REPORT:
The Tidelands Management Committee met this quarter
to discuss, review, or approve the following items:
• Tidelands Infrastructure Capital Plan- review and
finalize plan
• Balboa Island Seawall, Grand Canal, Lower Bay
Dredging - project update
Updating Harbor Charges
PURPOSE:
The purpose of the Ad Hoc Committee on Updating
Harbor Charges consists of updating Harbor
Resources' cost of service fees and updating the
City's harbor fees to reflect the fair market value
for the use of the Tidelands by the associated
user groups. Fees include permits for moorings
(completed Fall 2010), Balboa Yacht Basin slip rates
(completed Fall 2010), and commercial pier leases
(in progress). These fees contribute to harbor projects
such as dredging and the provision of additional
harbor amenities.
COMMITTEE AUTHORIZATION:
Established by Resolution 2010 -95
COMMITTEE MEMBERS:
Council Member Henn, Council Member Selich and
Council Member Rosansky
LENGTH OF TERM FOR MEMBERS:
The committee expires at such time as it completes a
review of harbor fees and potential course of action
are transmitted to the City Council for consideration.
FREQUENCY OF MEETINGS:
As needed
STAFF LIAISON:
Rob Houston, Assistant to the City Manger
Chris Miller, Harbor Resources Manager
STAFF SUPPORT:
Staff allocates approximately 30 hours a month to
this committee.
QUARTERLY PROGRESS REPORT:
The committee has been meeting regularly and has
hosted outreach meetings with the commercial harbor
users to discuss the proposed plan for commercial
marina leases and to solicit feedback.
Note: Following the close of the quarter, the City Council
approved the new commercial manna rates and
revised lease agreements.
More information is available online at
newportbeachca .gov /harborrenters.
31
��9 oil ki li i 11111114
DEPARTMENTS:
City Manager's Office and Public Works
PROJECT LEAD:
Steve Badum, Assistant City Manager
PROJECT START DATE:
2008
TARGET COMPLETION DATE:
Late 2012
Civic Center & Park
DESCRIPTION:
The Civic Center & Park construction project
includes a LEED silver City Hall office building,
one of the city's largest parks (15 acre), a
450 -space parking structure, an emergency
readiness center, a restored wetlands, a dog
park and an expansion of the Newport Beach
Central Library. It is located on two parcels
inland of the Newport Beach Central Library
and bordered by Avocado Avenue and
MacArthur Boulevard. The project also includes
a community room, new Council Chambers, a
"One Stop" Customer Service Center, a civic
green, and a small caf6 to serve library and city
hall customers.
FUNDING SOURCE:
Bond Proceeds and General Fund
FUNDING REQUIRED FOR CONSTRUCTION:
$106,921,562 (estimated construction -does not
include soft costs)
FUNDING ALLOCATED TO DATE:
$106,921,562 (hard construction costs only)
AMOUNT SPENT TO DATE:
$81,761,762
STATUS TO DATE:
The Civic Center and Park project remains on schedule
and budget. The exterior of the building is 99% complete
and interior construction including ceilings, walls, flooring,
and millwork is 80% complete. The construction of the park
walkways, irrigation and planting are well underway. The
City Council Chambers is on track to be ready for its first
meeting on December 11, 2012.
While the project is scheduled to be substantially complete
in December 2012, the transition of staff will occur after the
building has been fully commissioned in late Winter or early
Spring. A community celebration is being planned to take
place in late Spring.
A project newsletter is published every other month
with updated construction information and photos. It is
available for viewing online at newportbeachca.gov /
civiccenter.
35
Existing City Hall Complex Re -use
DEPARTMENT:
Community Development
PROJECT LEAD:
Kimberly Brandt, Community Development Director
PROJECT START DATE:
July 2010
TARGET COMPLETION DATE:
December 2014
DESCRIPTION:
With the construction of the new Civic Center
well underway, the City has been planning for the
re -use of the existing City Hall Complex located
at the corner of Newport Boulevard and 32nd
Street. The site provides an excellent opportunity
for redevelopment in a manner that benefits the
areas of Lido Village, Balboa Peninsula, and West
Newport Beach. The goal is to develop and approve
a plan for the future use of the property located
at 3300 Newport Boulevard. Work is progressing on
amendments to the General Plan, Coastal Land Use
Plan, and Zoning Ordinance to accommodate a
future mixed use development that would be either
a luxury apartment community with possibly a small
ancillary retail component or an upscale, boutique
hotel with possibly a complementary residential
element.
FUNDING SOURCE:
General Fund
TOTAL FUNDING REQUIRED FOR PROJECT:
Funding to be determined and is dependent
upon the full scope of necessary analysis. Staff has
allocated approximately 250 hours to this project.
FUNDING ALLOCATED TO DATE:
Approximately $90,000 during the 2012 calendar
year has been allocated for the preparation of
market and economic feasibility analysis and
environmental review.
AMOUNT SPENT TO DATE:
Approximately $90,000
STATUS TO DATE:
A summary of the hotel market analysis and
economic analysis of both a hotel development and
an apartment community for the existing City Hall
Complex was presented to City Council on September
25, 2012. Either project is considered viable from a
market and economic perspective. The City Council
provided direction to include both development
scenarios in the pending land use amendments and a
Request for Qualification (RFQ) process.
On October 10, 2012, the City issued a RFQ from
development firms interested in participating in the
redevelopment of the site with either a high -end
apartment community with the possibility of including
an ancillary amount of retail commercial use or an
up -scale boutique hotel including customary
accessory commercial uses and meeting spaces
with possibly (but not necessarily) a complementary
residential component. Both development scenarios
include a public plaza and sufficient area for a fire
station. Complete responses to the RFQ are due
November 20, 2012.
The City expects to gauge the interest and capability
of firms interested in each of the two scenarios through
the submitted Statements of Qualifications. Under
either development scenario, the City will be seeking a
development partner, and ultimately a development
project, that reflects the community's very high
standards for quality, aesthetics, and amenities. It is
estimated to provide a report to the City Council in
early 2013 discussing the results of the evaluation of the
received Statements of Qualifications.
In December of 2012 or January 2013, the draft land
use amendments will be considered by the Planning
Commission. The Commission's recommendation will
be presented to the City Council thereafter. Once
approved, the amendment of the Coastal Land Use
Plan will require review and approval by the California
Coastal Commission.
More information is available online at
newportbeachca.gov /3300.
37
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c - � F ..
` Q�I�j
- "e�if!
`��Li.. _ _� .. _ _ _ _...
Fire Ring Removal
DEPARTMENT:
Community Development Department
PROJECT LEAD:
Brenda Wisneski, Deputy Community Development
Director
PROJECT START DATE:
February 2012
TARGET COMPLETION DATE:
February 2013
DESCRIPTION:
Newport Beach has concrete fire rings on the
beach in two areas: there are 27 fire rings located
on Corona del Mar State Beach and 33 fire rings
located near the Balboa Pier. Some of the fire rings
are located on State property (Corona del Mar),
and all of the fire rings are located in the coastal
zone. The fire rings are appreciated by many who
visit, but also result in extensive and often daily
wood smoke released in adjacent residential areas.
The City Council voted 7 -0 in favor of upholding
the Parks, Beaches & Recreation Commission's
recommendation and directing City staff to take
the necessary steps to remove the fire rings at
both locations. Removal of the fire rings requires a
Coastal Development Permit to be issued by the
California Coastal Commission.
FUNDING SOURCE:
General Fund
TOTAL FUNDING REQUIRED FOR PROJECT:
None
FUNDING ALLOCATED TO DATE:
None
AMOUNT SPENT TO DATE:
None, other than staff time
STATUS TO DATE:
An application for the removal of the fire rings was
filed with the California Coastal Commission (CCC)
in May 2012. The application is currently considered
"incomplete" by the CCC staff on the basis that
they seek additional information including studies
documenting the health effects of the fire rings on
the surrounding residents and data pertaining to
the fire ring use. City staff is currently developing
a response to the Coastal Commission's request
for additional information. Staff estimates a CCC
hearing date in February 2013.
Project information is available online at
newportbeachca.gov /firerings.
39
DEPARTMENTS:
City Attorney's Office, City Manager's Office,
Community Development
PROJECT LEAD:
City Attorney and City Manager
PROJECT START DATE:
2007
TARGET COMPLETION DATE:
Ongoing
Group Residential Uses
DESCRIPTION:
Implement and defend group home regulations
to maintain the residential character of the City's
residential neighborhoods while providing equal
access to housing and accommodating the needs
of the disabled.
FUNDING SOURCE:
General Fund and Fund Balance
TOTAL FUNDING REQUIRED FOR PROJECT:
All costs have not been specifically identified since a
great deal of the costs is internal, staff resources from
the City Manager's Office, City Attorney's Office,
Planning, and Code Enforcement.
FUNDING ALLOCATED TO DATE:
$3.2 million on outside counsel and litigation costs to
date.
AMOUNT SPENT TO DATE:
$3.2 million on outside counsel plus internal
staffing and the Hearing Officer for administrative
proceedings.
STATUS TO DATE:
Ordinance No. 2008 -05 has been adopted and
enforced through all necessary administrative
proceedings. The City is at the stage of defending
the Ordinance in federal court and in U.S.
Department of Justice and Department of Housing
and Urban Development proceedings. Additionally,
the City is in litigation with several operators of group
homes who have failed to comply with the provisions
of the Municipal Code. As to these issues:
(1) Federal Litigation:
The federal litigation involving Yellowstone, Pacific
Shores Newport Coast Recovery and the City was
successfully resolved in the City's favor but is on
appeal before the 9th Circuit Court of Appeals. A
three judge panel of the 9th Circuit Court of Appeals
heard oral arguments on November 6, 2012. A
written opinion from the 9th Circuit Court of Appeals
is expected within three to six months.
(2) Challenge to Morningside Zoning Agreement:
Maintain Our Residential Neighborhoods ( "MORN ")
has filed a challenge to the adoption of the Zoning
Agreement with Morningside Recovery that was the
vehicle for settling the federal court litigation involv-
ing the City and Morningside Recovery. This case
is set for trial in December 2012; however, it is an-
ticipated that the trial will be continued (or stayed)
given the Court's ruling that the City lawfully termi-
nated the Zoning Agreement with
Morningside.
(3) Enforcement of Morningside Zoning Agreement:
On August 9, 2011, the Council adopted Ordinance
No. 2011-20, which terminated the Zoning
Agreement between the City and Morningside.
Morningside filed a challenge to the City's
termination of the Zoning Agreement in Orange
County Superior Court and the City filed a
cross - complaint against Morningside seeking to
abate the violations of the City's Zoning Code at
4823 A River Avenue, 4823 B River Avenue, 29 Ima
Loa Court, 100 Via Antibes, 102 Via Antibes, 208 Via
Lido Saud and 533 Via Lido Soud. On December
15, 2011, the Court granted the City's motion for a
preliminary injunction and ordered Morningside to
fully comply with all of the operating conditions in
the Zoning Agreement during the pendency of the
litigation. The court also prohibited Morningside
from opening any new unlicensed facilities within
the City or expanding any of its existing facilities
to serve more clients. On June 19, 2012, the Court
granted the City's motion upholding the City's
decision to terminate the Zoning Agreement. Trial
on the City's cross - complaint to abate violations
of the City's Zoning Code is set to commence on
December 3, 2012.
(4) Enforcement Against Yellowstone:
With the Council's authorization, on October
11, 2011, the City filed a civil case seeking to
abate four Yellowstone residential care facilities
located at 1621 Indus Street, 1561 Indus Street,
20172 Redlands Drive and 1571 Pegasus Street
based on Yellowstone's alleged violation of the
Newport Beach Municipal Code. This case is set
for trial on February 13, 2013; however, given the
aforementioned federal lawsuit, the court will
likely stay this action until the Ninth Circuit Court of
Appeals issues its opinion.
41
Implement Traffic Management
DEPARTMENT:
Public Works
PROJECT LEAD:
Dave Webb, Public Works Director
Tony Brine, City Traffic Engineer
PROJECT START DATE:
January 2007
TARGET COMPLETION DATE:
Fall 2013
DESCRIPTION:
This project improves and modernizes traffic signals
throughout the city to improve system reliability,
traffic flow and to reduce congestion. The
implementation of the traffic signal modernization
program allows staff to monitor, adjust and
optimize traffic signal timing and operations from
the Traffic Management Center (TMC) located
at City Hall. The program consists of upgrades to
119 traffic signals with new controllers, fiber optic
connections, and Closed Circuit Television (CCTV)
cameras at selected intersections.
FUNDING SOURCE:
Transportation and Circulation, Measure M
Tumback, Measure M Competitive
TOTAL FUNDING REQUIRED FOR PROJECT:
$6,500,000
FUNDING ALLOCATED TO DATE:
$5,900,000 (excludes Phase 8)
AMOUNT SPENT TO DATE:
$5,000,000
STATUS TO DATE:
Due to the overall size of the traffic modernization
program, it was divided into eight phases. To date,
90 traffic signals have been upgraded and linked
to the new high speed fiber optic backbone, 27
CCTV cameras have been installed, and the new
TMC is operational. The City's annual traffic signal
rehabilitation program is for performing necessary
maintenance on existing signal equipment and
was combined with the modernization program
for efficiency. The noted funding information only
includes estimates for the traffic modernization
program.
Program Overview:
Phases 1 through 5 and Phase 7 are complete and
operational. These phases included the intersections
along Balboa Peninsula, Superior Avenue, MacArthur
Boulevard, Jamboree Road, City owned portions of
Coast Highway and intersections in the airport area,
Newport Center and along Irvine Avenue.
Phases 6 and 8 includes improvements to Newport
Coast Drive, San Miguel Drive, Bonita Canyon Drive,
and portions of San Joaquin Hills Road. The design
of Phase 6 is planned for Summer 2012. Measure M2
grant funding was awarded for a portion of the
project's construction. Portions of Phase 8 will be
designed and constructed through a cooperative
agreement with the City of Irvine in Fiscal Year 2012 -13.
This partial phase was also awarded Measure M2 grant
funding for construction.
43
Lower Bay Dredging
DEPARTMENT:
Public Works
PROJECT LEAD:
Chris Miller, Harbor Resources Manager
PROJECT START DATE:
2012
TARGET COMPLETION DATE:
January 2013
DESCRIPTION:
The project initially included dredging
approximately 1.2 million cubic yards in the main
navigational channels of the Lower Bay by the
federal government. Due to budget constraints, the
Army Corps of Engineers initiated a smaller project
to dredge approximately 350,000 cubic yards
of sediment in the harbor's critical areas. About
two- thirds of the sediment was suitable (clean) for
ocean disposal at the off -shore site "LA -3", with the
remaining material disposed at the Port of Long
Beach ( "POLB "). This part of the project, Phase I,
commenced May 1, 2012, and was completed in
September 2012.
In July 2012, the City Council and the County
Board of Supervisors approved additional funding
for Phase II which will dredge an additional
210,000 cubic yards of sediment. When Phase II
is complete, nearly all of the shallow areas in the
harbor will be dredged to its authorized depths.
FUNDING SOURCE:
Federal Funds and Tidelands (City and County)
TOTAL FUNDING REQUIRED FOR PROJECT:
$11.5 million (Phases I & 11)
FUNDING ALLOCATED TO DATE:
$400,000 (O &M City Tidelands), $100,000 (City CIP),
$2.4 million in federal funds, $2.0 million in additional
federal funds, $2.5 million contributed by the City of
Newport Beach for Phase I, $2.5 million contributed
by the City of Newport Beach for Phase II, and
approximately $1.2 million contributed by the
County for dredging in the County Tidelands.
AMOUNT SPENT TO DATE:
$400,000 for O &M Tidelands for sediment testing,
$4.4 million of federal funds to award contract, $5.0
million for City O &M Tidelands to award Phases I &
11, and $1.2 million for County Tidelands to dredge
Phases I & 11.
STATUS TO DATE:
The Corps awarded the contract to R.E. Staite
Engineering, and they commenced dredging on
May 1. The project is scheduled to be complete in
January 2013. The Port of Long Beach executed an
amendment to an existing agreement with the City
to dispose unsuitable ocean material in the Port's
Middle Harbor Fill project.
In an effort to meet the POLB's delivery schedule,
dredging operations were permitted seven days
a week, 24 hours a day. In September, the City
requested another POLB amendment to extend the
disposal deadline to October 12 to allow delivery of
the last remaining material.
As of September 30, approximately 390,000 cubic
yards of material was removed from the Lower
Bay, and the POLB took delivery of all materials by
October 9.
For more project information and an up -to -date
construction schedule, visit newportbeachca.gov /
lowerbaydredging.
45
IbL
�A�
Marina Park
DEPARTMENT:
Public Works
PROJECT LEAD:
Dave Webb, Public Works Director
Iris Lee, Senior Civil Engineer
PROJECT START DATE:
2006
TARGET COMPLETION DATE:
Summer 2015
STATUS TO DATE:
With the recent California Coastal Commission's
approval of the Marina Park project, staff is currently
working on getting an approved Coastal Development
Permit and moving forward with the project design. The
design team is focusing on the construction document
phase, which details the design development plans
for construction purposes. Various value engineering
measures were implemented to reduce costs, while
delivering a quality project.
While the City is moving forward with the Marina Park
design, staff has also been working closely with the
Girl Scout Council of Orange County to incorporate its
design of the new Girl Scout House at the project site.
DESCRIPTION: Our current schedule now estimates construction
The approved Marina Park concept plan pro- starting in early 2013, with completion by Summer 2015.
poses a new marina which includes a 23 slip
visiting vessel marina, visitor side tie dock and
floating docks to support youth and adult sailing
programs and mooring support services, 12,700
square foot sailing center building, 10,800 square
foot community center building, new park with
amenities including half court basketball courts,
tot lot and playground, exercise circuit, walking
paths and beach area, new Girl Scout house and
parking.
The Marina Park site is located on the bay side
of Newport Peninsula between 15th and 18th
Streets. The 10.4 acre site is owned by the City
and is currently being used for several purposes
including a 57 space mobile home park, Las
Arenas and Veterans Memorial Parks, Balboa
Community Center and parking lots, 18th Street
Sailing Base and leased space for a Girl Scouts
meeting facility.
FUNDING SOURCE:
General Fund -Major Facilities
TOTAL FUNDING REQUIRED FOR PROJECT:
$30,000,000
FUNDING ALLOCATED TO DATE:
$13,900,000
AMOUNT SPENT TO DATE:
$2,489,545
Project Timeline:
• Coming months - U.S. Army Corps of Engineers' 404 permit
conditional approval, which cannot be formally issued
until the coastal permit is approved. Moving forward with
Coastal Development Permit.
• June 2012 - California Coastal Commission Public Hearing
- approved.
• November 2011 -State Lands Commission approved
Tidelands Boundary Agreement and City deleted the
proposed tennis courts from the project.
• May 2011- State Regional Water Quality Control
Board 401 permit approval
• January 19, 2011 - CCC second incomplete letter and
notification a Tidelands boundary issue needs to be
resolved by State Lands Commission. November 13, 2007 -
City Council approval of Marina Park concept plan
• December 21 ,2010 -CCC permit application
resubmitted
• November 30, 2010 - CCC incomplete letter
• October 7,20 10 - CCC permit application submitted
• May 11, 2010 -City Council approval of Environmental
Impact Report
• November 13, 2007 - City Council approval of Marina Park
concept plan
Project information is available online at newportbeachca.
gov/madnapark-
47
Newport Banning Ranch
DEPARTMENTS:
Community Development, Public Works, City
Attorney's Office, and City Manager's Office
PROJECT LEAD:
Patrick Alford, Planning Manager
PROJECT START DATE:
August 2008
TARGET COMPLETION DATE:
August 2012
DESCRIPTION:
Newport Banning Ranch is a 402.3 -acre planned
community proposed by Newport Banning Ranch,
LLC; a partnership formed by Aero Energy, Cherokee
Investment Partners, and Brooks Street. The project
would contain a maximum of 1,375 dwelling units,
75,000 square feet of retail commercial, a 75-
room "boutique" hotel, parks, and open space.
The site is generally bound to the north by Talbert
Nature Preserve /Regional Park (Costa Mesa); to
the south by West Coast Highway and the Newport
Shores Community; to the east by Newport Crest
Community, West Newport Mesa, and Westside
Costa Mesa; and to the west by a U.S. Army Corps of
Engineers wetlands restoration area and the Santa
Ana River. Approximately 40 acres of the site are
located within the incorporated boundary of the
City of Newport Beach; the remainder of the site is
within unincorporated Orange County, but within
the City of Newport Beach's adopted Sphere of
Influence.
FUNDING SOURCE:
General Fund (off -set by application fees)
TOTAL FUNDING REQUIRED FOR PROJECT:
$4 million (estimated)
FUNDING ALLOCATED TO DATE:
$3,807,000
AMOUNT SPENT TO DATE:
$3,703,210
STATUS TO DATE:
The City Council approved the Newport Banning
Ranch project on July 23, 2012 and the second
reading of project - related ordinances occurred on
August 14.2012.
The project requires the approval of a coastal
development permit by the California Coastal
Commission. The applicant anticipates submittal to the
Coastal Commission by November 1, 2012.
Project information can be found online at
newportbeachco.gov /banningranch.
49
DEPARTMENT:
Fire
PROJECT LEAD:
Kevin Kitch, Assistant Chief
PROJECT START DATE:
2007
TARGET COMPLETION DATE:
Summer 2012
Reduce Fire Hazard
in Buck Gully
DESCRIPTION:
The California State Legislature has found and
declared that: (1) Wildfires are extremely costly, not
only to property owners and residents, but also to
local agencies; (2) wildfires pose a serious threat
to the preservation of the public peace, health, or
safety; (3) it is necessary that cities, counties, special
districts, state agencies and federal agencies work
together to bring raging fires under control; and
(4) preventive measures are needed to ensure the
preservation of the public peace, health, and safety.
California Government Code Section 51 178 requires
CAL FIRE to identify the Very High Fire Hazard Severity
Zones ( "VHFHSZ ") using consistent statewide criteria.
CAL FIRE has completed this task and maps were
sent to local agencies throughout the state for
adoption by the governing body as required by
State law. The VHFHSZ are based on fuel loading,
slope, fire weather, vegetation types, fire history,
areas prone to high winds and other related factors.
Guidance on the local adoption process is provided
in Government Code Section 51179(b) that allows
local agencies the ability to exclude areas from
the VHFHSZ identified by CAL FIRE. Specifically,
areas identified that are supported by substantial
recorded evidence that the defensible space
and other requirements of California Government
Code Section 51 182 are not necessary for effective
fire protection within the area. Any modifications
made by the City of Newport Beach to the
recommendations of CAL FIRE are final and not
rebuttable by the CAL FIRE Director.
FUNDING SOURCE:
Unknown
TOTAL FUNDING REQUIRED FOR PROJECT:
Unknown. There are no direct costs with the
adoption of the ordinance; however, there will
be additional costs associated with identifying
properties requiring defensible space maintenance.
FUNDING ALLOCATED TO DATE:
$190,000 is budgeted for Fuel Modification
maintenance and the citywide weed abatement
and hazard reduction program has $46,114.
AMOUNT SPENT TO DATE:
Hazard Reduction and Fuel Modification programs
run seasonally and have expended $219,699 and
$12,401 respectively.
STATUS TO DATE:
The City Council adopted the VHFHSZ map via
Ordinance No. 2012 -15 on July 24, 2012 and went
into effective on August 24, 2012. The adoption of
the map does not cause significant public safety
issues based upon substantial evidence contained
in the record and the activities required of a person
who owns, leases, controls, operates, or maintains
a dwelling or structure in an area designated to
be within a VHFHSZ. The adoption of the VHFHSZ is
mandated by Government Code Section 51 182 and
not subject to the discretion of the City. The excluded
areas will not be affected by the adopted VHFHSZ
map or fuel management activities and there is no
anticipated impact to the environment.
Copies of fire maps are available for viewing at City
Hall in the Fire Department Administrative office or
online at newportbeachco .gov /firehazardmap. The
image below is the City's adopted VHFHSZ map.
nary � e� Fire „a.aro sa— z—„�F�sn � 1
O DALFRE- Designatad `\
® NBFD- Revised Zone
51
Relinquishment of Newport Boulevard
Relinquishment of Newport Blvd
DEPARTMENT:
Public Works
PROJECT LEAD:
Dave Webb, Public Works Director
PROJECT START DATE:
2008
TARGET COMPLETION DATE:
December 2013
DESCRIPTION:
The goal of this project is to initiate a long range
planning process for the City to eventually control
the 0.17 mile segment of Newport Boulevard
between Finley Street and the West Channel
Bridge in an effort the improve coordination
of vehicle and bicycle traffic on and off the
Balboa Peninsula, as well as provide enhanced
landscape improvements on Newport Boulevard
through Lido Village. One option might be to
acquire ownership of the necessary State right -of-
way, or enter into an agreement with the State to
allow construction of the desired improvements.
The relinquishment process is a multi -step process
that involves passing appropriate legislation, State
review of the facility for possible relinquishment,
preparation of a report on the facilities and
development of an offer for the City to acquire
the facilities, City accepting the offer or submitting
a counter offer, and then having the State
prepare the necessary right -of -way and design
reports and process them through the California
Transportation Commission. There is a generally
defined process and estimated schedule that
the State needs to complete in order to relinquish
the facilities to the City. The current estimated
completion date for the entire process is
December 2013.
FUNDING SOURCE:
No funding is necessary to acquire this segment of
roadway from the State other than the cost of staff
time to process the item.
TOTAL FUNDING REQUIRED FOR PROJECT:
To be determined
FUNDING ALLOCATED TO DATE:
None
AMOUNT SPENT TO DATE:
None other than staff time
STATUS TO DATE:
Caltrans staff is currently working on the required
documents and legal maps for the relinquishment
of Newport Boulevard from Finley Street to the
West Channel Bridge. It is tentatively estimated
to be presented to the City Council for approval
in August 2013. From there, the agreement goes
to the California Transportation Commission for
its approval in Fall 2013 with the relinquishment
process estimated for completion in December
2013. Additionally, the State informed the City
back in April 2012 that they no longer had any
relinquishment funding available to pay the
agreed upon $20,000 fee (due to the on -going
State financial problems). In an effort to keep the
process moving forward, City staff negotiated with
the Caltrans District Director to have at least $20k in
needed signal upgrades completed on the Finley
Avenue and Via Lido signals, in lieu of the cash
payment for the relinquishment. This work is currently
being identified and programmed to allow the State
to meet its obligation.
53
��� / /i/
Revitalization Priority Area:
Balboa Village
DEPARTMENT:
Community Development
PROJECT LEAD:
Kimberly Brandt, Community Development Director
PROJECT START DATE:
August 2011
TARGET COMPLETION DATE:
Within fiscal year 2011-2012
DESCRIPTION:
The goal of this project was the preparation of
an economic vision and revitalization strategy to
addresses market opportunities and constraints,
infrastructure opportunities, and previous economic
development efforts within Balboa Village. The
project was directly tied to 2011 City Council
revitalization priorities.
The City Council Ad -Hoc Neighborhood
Revitalization Committee provided oversight of
the preparation of a refreshed "Vision Plan" for
Balboa Village. The Ad -Hoc Committee appointed
a Citizens Advisory Panel (CAP) to provide a public
participation forum and to guide the preparation of
the plan.
FUNDING SOURCE:
General Fund
TOTAL FUNDING REQUIRED FOR PROJECT:
Funding to be determined and is dependent
upon the full scope of necessary analysis. Staff has
allocated 125 hours to support this project.
FUNDING ALLOCATED TO DATE:
A consulting project manager /facilitator (Cindy
Nelson) has been retained at an approximate cost
of $60,000. Keyser Marston and Associates and
Nelson Nygaard have been retained to conduct
economic and parking analysis, respectively, at an
approximate cost of $87,500. Destination Consulting
Group has been retained at a maximum cost of
$5,000.
AMOUNT SPENT TO DATE:
Approximately $136,000, including $1,200 to conduct
a resident /owner survey related to the proposed
overnight resident parking permit program.
STATUS TO DATE:
The Balboa Village CAP has conducted public
meetings, engaged consultants to perform
economic and market conditions assessments
and a comprehensive parking management
strategy, worked with Visit Newport Beach and the
community to refine the Balboa Village vision and
develop a brand promise, and conducted opinion
research on the area. Each of these components
became integral to developing the Balboa Village
Master Plan.
The Plan identifies a new vision and direction for
Balboa Village and it outlines key steps to be taken
over time with the goal of revitalizing the area.
Strategies were developed with the intent to create
new revenues in the district to support the various
identified programs, while minimizing the impact
to the general fund. The Plan includes a series of
administrative, economic development, planning
& zoning, parking, and public streetscape initiatives
that should bring about positive change for Balboa
Village. The Plan also includes a prioritization matrix
that will be used as a work program to carry out the
plan. The Plan was approved by the CAP in May
of 2012, and it was reviewed by both the Harbor
and Planning Commissions in July of 2012. The
Ad -Hoc Neighborhood Revitalization Committee
recommendation to adopt the plan was considered
by the City Council in September of 2012. The City
Council adopted the Balboa Village Master Plan on
September 25, 2012.
The City Council created the Balboa Village
Advisory Committee that is tasked with overseeing
the ongoing implementation of the Master Plan.
Committee members are Mayor Pro Tom Curry,
Council Member Henn, Gloria Oakes - Balboa
Peninsula Point HOA, Laura Keane - Central Newport
Beach Community Association, Tom Pollack -
ExplorOcean, Ralph Rodheim - Balboa Village BID
Board member, Jim Stratton - Member -at- large.
CAP information and the Master Plan are available
online at newportbeachca.gov /revitalization.
55
Sunset Ridge Park
DEPARTMENT:
Public Works
PROJECT LEAD:
Andy Tran, Senior Civil Engineer
PROJECT START DATE:
August 2007
TARGET COMPLETION DATE:
Winter 2013
DESCRIPTION:
The proposed 13.7 acre Sunset Ridge Park is
situated on the northwest corner of West Coast
Highway and Superior Avenue in West Newport
Beach. Sunset Ridge Park is planned to be an
active park per the City's General Plan with
amenities including Pony League baseball field,
soccer fields, children's tot lot area, restrooms,
butterfly garden, shaded viewpoint, walkways,
walls, and landscaping.
FUNDING SOURCE:
General Fund and Park -in -lieu
TOTAL FUNDING REQUIRED FOR
PROJECT:
$12 million*
FUNDING ALLOCATED TO DATE:
$11.2 million*
AMOUNT SPENT TO DATE:
$2.3 million*
*Not including cost of land purchased from
Caltrans for $5.2 million.
STATUS TO DATE:
On November 2, 2011, the California Coastal
Commission (CCC) held a public hearing on the
project. Unfortunately, the CCC was poised to
recommend denial of the park application due to
concerns from pending plans for the Newport Banning
Ranch development needing to be reviewed prior to
approval of the park access road. For that reason, staff
withdrew the application.
A revised application was resubmitted on December
16, 2011 to allow construction of the active park without
taking public access from the adjacent Newport
Banning Ranch property. The park application was
approved by the CCC at its August 9, 2012 meeting.
Staff has been continuously working will CCC staff on
the special conditions of the application.
Construction is anticipated to begin in Winter of 2013
with an estimated project completion by Spring of
2014. This timeline depends on CCC issuing a timely
permit for the project and reasonable conditions for its
construction.
Project information is available online at
newportbeachca.gov /su nsetrid gepark.
57
Transportation Fair Share Fee
DEPARTMENTS:
Public Works and Community Development
PROJECT LEAD:
Dave Webb, Public Works Director
Antony Brine, City Traffic Engineer
PROJECT START DATE:
February 2007
TARGET COMPLETION DATE:
To be determined
DESCRIPTION:
In 1984, City Council established the Fair Share
Traffic Contribution Ordinance to ensure
development contributes its fair share towards
improvements included in the City's Master
Plan of Arterial Highways and General Plan
Traffic Circulation Element.
The Ordinance established a fair and
equitable method to distribute costs of the
circulation system improvements necessary to
accommodate the traffic volumes generated
by development. From time to time, the City
Council has updated this Ordinance as costs
have risen and whenever the General Plan has
been updated.
Since the City updated the General Plan, the
Implementation Committee has been working
on an update of the fair share fee.
FUNDING SOURCE:
General Fund
TOTAL FUNDING REQUIRED FOR PROJECT:
$100,000
FUNDING ALLOCATED TO DATE:
$65,200
AMOUNT SPENT TO DATE:
$65,200
STATUS TO DATE:
The completion of updating the Fair Share Traffic fee
has been put on hold until direction is determined
regarding various iterations proposed by the
General Plan/ LCP Implementation Committee,
project consultants and interested parties such as
the Building Industry Association of Orange County.
The most recent version was reviewed by the GP/
LCP committee and the final report, prepared by a
consultant, is currently on hold.
59
West Newport Beach
Facility Planning
DEPARTMENTS:
City Manager's Office, Public Works and Finance
PROJECT LEAD:
Steve Badum, Assistant City Manager
Dave Kiff, City Manager
Dave Webb, Public Works Director
Dan Matusiewicz, Finance Director
PROJECT START DATE:
April 2011
TARGET COMPLETION DATE:
On -going
DESCRIPTION:
Most of the City's public buildings and facilities
on the west side of the city are reaching the
end of their service life and are in need of major
refurbishment or replacement. In 2006, the City
developed a comprehensive citywide Facilities
Financing Plan as a tool to identify, forecast and
fund the refurbishment and /or replacement of
numerous City owned facilities including police
and fire stations, libraries, community and senior
centers, services yards and parks. With the
upcoming relocation of City Hall to the new Civic
Center Complex, discussions have and continue
to take place as to how best to reconstruct the
remaining facilities to meet current and future
community needs.
The West Newport Beach Facility Planning
process will include building upon the current
efforts to redevelop the existing City Hall site
and develop conceptual plans and alternatives
to provide: consolidated maintenance and
operations facilities; replacement and potentially
relocated community center facilities and fire
stations; replacement of the existing Lifeguard
Headquarters building with smaller, more efficient
facilities located at Newport and Balboa Piers; as
well as continuing discussions regarding the future
of various other City facilities, particularly those
located on the western side of the Newport Bay.
FUNDING SOURCE:
General Fund
TOTAL FUNDING REQUIRED FOR PROJECT:
To be determined
FUNDING ALLOCATED TO DATE:
$75,000
AMOUNT SPENT TO DATE:
$75,000
STATUS TO DATE:
The needs assessment for the reuse of the City's
Corporation Yard (located at 592 Superior Avenue)
and the Utility Yard (located at 949 W. 16th Street)
was completed in February 2012. Staff continues to
review that report and is making plans to implement
some of the recommendations. Staff also continues
to review the conceptual plan for the relocation of
the City's Police Department and the development
of a consolidated West Newport Community Center.
Further advancement of these concepts will rely on City
Council direction regarding the disposition of the City's
refuge program. In addition, we continue to explore
potential alternative locations for the replacement
of Fire Station No. 2 (located adjacent to City Hall) to
allow for a more efficient reuse of the current City Hall
complex.
Based upon the required lead times and permit
processing for the future lifeguard facilities
replacements, staff is moving forward with an interim
plan to remodel the existing Lifeguard Headquarters
at the Newport Pier. The interim plan will improve the
efficiency of existing space and provide for an interim
space for Junior Lifeguard programs.
61
Widen Jamboree Road
in the Airport Area
DEPARTMENT:
Public Works
PROJECT LEAD:
Andy Tran, Senior Civil Engineer
PROJECT START DATE:
January 2005
TARGET COMPLETION DATE:
Spring 2013
DESCRIPTION:
This two -phase project involves widening the
Jamboree Road Bridge over the SR73 Freeway by
22 feet to the west (Phase 1); and then widening
Jamboree Road at the intersection of MacArthur
Boulevard between Bristol Street North and Fairchild
Road (Phase 2) in an effort to reduce projected traffic
congestion and delay.
Phase 1 of the bridge widening project creates one
additional northbound and southbound thru lane on
Jamboree Road between MacArthur Boulevard and
Bristol Street South. This project required developing
a design and obtaining approval and a permit from
Caltrans for overcrossing the SR73 Freeway which
is owned by the state. Additionally, the project
required negotiations and purchase of three pieces
of private property as well as several Orange County
Transportation Authority (OCTA) grant funding
applications and successful funding award.
Phase 2 of the Jamboree Road Improvements will
provide one additional northbound lane through
the MacArthur Boulevard intersection, as well as an
additional left turn lane from southbound Jamboree
Road onto eastbound MacArthur Boulevard. This
phase also involves negotiations and voluntary
purchase of three pieces of private property within the
City of Irvine, as well as several OCTA grant funding
applications and successful funding award.
The City of Irvine is currently administering a separate
joint pavement rehabilitation project on Jamboree
Road between MacArthur and Campus Construction
of this project will start upon completion of both
phases.
FUNDING SOURCE:
Transportation and Circulation, IBC Settlement,
Measure M Turnback, and Measure M Competitive
TOTAL FUNDING REQUIRED FOR PROJECT:
$9.2 million
FUNDING ALLOCATED TO DATE:
$10 million
AMOUNT SPENT TO DATE:
$9.1 million
STATUS TO DATE:
On March 8, 2011, the Jamboree Road Bridge
Widening Project (Phase 1) was awarded for
construction by City Council. Construction began
in May 2011 and is approximately 95% complete
with an estimated completion in Summer 2012. The
contractor is currently working on final punchlist
items.
The construction contract for Phase 2 was awarded
by the City Council on September 25, 2012.
Construction is underway and is estimated to be
complete in February 2013.
63