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HomeMy WebLinkAbout09/09/2003 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting September 9, 2003 - 7:00 p.m. STUDY SESSION - 4:00 p.m CLOSED SESSION - Cancelled. INDEX A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Proctor, Ridgeway, Webb, Nichols, Mayor Bromberg Absent: Adams (excused) C. CLOSED SESSION REPORT - None. D. PLEDGE OF ALLEGIANCE - Council Member Heffernan. E. INVOCATION - Reverend Dr. Dennis Short, Harbor Christian Church, & President, Newport- Mesa - Irvine Interfaith Council F. PRESENTATIONS Former Friends of the Library President Gary Mueller presented the $185,000 donation from the Friends of the Library to Mayor Bromberg and current Friends President Harry Hamilton. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Heffernan noted that he requested information regarding installing lit crosswalks on Coast Highway in Corona del Mar. He indicated that the City Manager reported that a study was conducted which is now in Caltrans' hand. He stated that there is no need for a further report since Caltrans must take the next step in approving it. Council Member Heffernan received confirmation from City Manager Bludau that the Big Canyon Reservoir cover project will be discussed at the September 23 Study Session. He stated that the three issues involve the landscaping, the cover, and the new chlorine system to purify the water. He noted that the project will cost a little over $4 million. Council Member Webb reported that he attended a meeting last Thursday regarding the Big Canyon Creek Restoration project. He indicated that it is their intention to restore it to a more natural state. Volume 56 - Page 373 City of Newport Beach Regular Meeting September 9, 2003 Council Member Webb reported that the City turned 97 years old on September 3. He announced that Gay Wassall -Kelly is putting together a program called `Pages from the Past ". He stated that the first program, "The End of the Red Car ", aired Friday and Saturday nights and will rebroadcast next Friday and Saturday. Council Member Webb requested an additional $60,000 in the budget to take care of annual maintenance of ficus trees. Mayor Bromberg announced that the utility pole on Little Balboa Island is coming down very soon. I. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. Removed at the request of an audience member. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. CONTRACTS AND AGREEMENTS 3. Removed at the request of Council Member Nichols. 4. Removed at the request of Council Member Webb. 5. Removed at the request of staff. MISCELLANEOUS ACTIONS 6. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO MAINTENANCE & OPERATIONS BUDGET ACCOUNTS FOR FY 2003104. Approve a budget amendment (BA -007) in the amount of $185,000. 7. Removed at the request of Council Member Nichols. S12. BACK BAY SCIENCE CENTER — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RON YEO, FAIA ARCHITECT, INC. (contd. from 8/26/03). 1) Approve a final design Professional Services Agreement with Ron Yeo, FAIA Architect, Inc. for $363,000 and authorize the Mayor and the City Clerk to execute the Agreement; and 2) approve a budget amendment (BA -006) establishing a contribution account in the amount of $153,000 for the California Department of Fish and Game Federal grant funds in Account No. 7251- C0310600. S13. SALE OF THE ACKERMAN PROPERTY (2214 -2122 WEST OCEAN FRONT AND 106 -110 22ND STREET). Adopt Resolution No. 2003 -51 authorizing the sale of the Ackerman property to 2116 Ocean Front Associates, a California limited partnership, for the purchase price of One Million Nine hundred and Forty Thousand Dollars ($1,940,000); and Volume 56 - Page 374 INDEX BA -007 Friends of the Newport Beach Library (40/50) C- 3481(D) BA -006 Back Bay Science Center (38/40) Res 2003 -51 Ackerman Property 2212 -2122 W. Ocean Front and 101 -110 22nd Street City of Newport Beach Regular Meeting September 9, 2003 1) authorize the City Manager to execute all documents associated with the sale of the Ackerman property; 2) when the sale is complete, direct the Finance Director to establish a lifetime annuity or other investment of the proceeds to the City in a manner that dedicates 75% of interest income to high -tech library equipment and 25% to scholarships for "needy, qualified students "; and 3) direct the City Manager to review and report back to City Council on any recommended changes to the administration of the scholarship portion of the Ackerman Fund. Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar, except for those items removed (1, 3, 4, 5 and 7). The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF AUGUST 26, 2003. Jim Hildreth stated that page 358 indicates that resident and former employee Tony Melum volunteered his wife, but it does not state that Mayor Pro Tern Ridgeway approved the volunteering of Mr. Melum, as well as his wife. He added that he started to remind the City about Tony Melum but Mayor Pro Tern Ridgeway said he should not do this. Mr. Hildreth discussed public comments and believed he referenced Item 4 from the August 12 meeting and Title 17. He added that he is under the assumption that the records he is asking for are not destroyed because, if they had been destroyed, there should be some record of it. He added that he had asked in the past that an audit be performed while Tony Melum was still employed. He stated that he submitted another request for records, but he has not heard a response. Mr. Hildreth agreed that Mayor Bromberg assured Balboa Island residents that the Grand Canal will not be turned into a parking structure. He believed that the records retention schedule that was adopted on August 12 actually went into affect August 13, not August 12. He disagreed that the documents may not have necessarily had a retention of being a permanent document prior to August 12, believing that they should be maintained pursuant to Title 17. Motion by Mayor Pro Tern Ridgeway to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams Volume 56 - Page 375 INDEX (73) City of Newport Beach Regular Meeting September 9, 2003 COAST HIGHWAY CHANNELIZATION AND LANDSCAPE MEDIAN IMPROVEMENTS — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DMC. In response to Council Member Nichols' questions, Public Works Director Badum reported that the engineering contract is to design the plans and specifications and process it through Caltrans. Further, they are also going to provide assistance during construction by clarifying the plans as needed. He clarified that the hard design of the medians are subject to what Caltrans allows the City to build. Regarding landscaping, they intend to work with the community, but there are limitations on what can be planted in State highway medians. He assured Council Member Nichols that there will be opportunity for public input. Council Member Nichols stated that the City needs to hear any input because they are already into the design phase and construction is scheduled for next year. City Manager Bludau stated that, after the design work is completed, they can bring it back to Council and the public prior to turning it over to Caltrans for their approval. Motion by Mayor Pro Tern Ridgeway to approve a Professional Services Agreement with DMC Engineering of Irvine for professional engineering services at a contract price of $46,200 and authorize the Mayor and the City Clerk to execute the Agreement. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams 4. SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM 2003 -2004 — AWARD OF CONTRACT (C- 3629). Council Member Webb stated that most of the sidewalks are being replaced primarily because of root damage. He reported that the contract includes root pruning, but does not include root barriers. He expressed the opinion that, if the City is going to the expense of replacing the sidewalk and pruning the roots, it should take one more step to try to keep the roots from growing back underneath the sidewalk as rapidly. He believed that, if the City used the $20,000 contingency fee, it could probably get root barriers installed throughout most of the project. Council Member Webb recommended that Council approve the contract subject to having a change order for the installation of root barriers and cut back on the amount of sidewalk work if there is not enough money so the project stays within budget. Public Works Director Badum indicated that this is doable. He stated that the contractor has quoted a cost of $75 /each for 205 locations ($15,375 total). He noted that, since this would take up a good portion of the contingency fee, they would probably initially reduce the amount of work, see how work progresses, and try to add it back while staying Volume 56 - Page 376 INDEX C -3558 Coast Highway Channelization and Landscape Median Improvements (38) C -3629 Sidewalk, Curb and Gutter Replacement (38) City of Newport Beach Regular Meeting September 9, 2003 within budget. Dolores Otting received confirmation that the contract went out to bid. She believed that this would be a change of scope and, if this went out to bid again with the inclusion of the root barrier work, the City could probably save money and get everything done for the same price. Mayor Pro Tern Ridgeway expressed concern that Council Member Webb's recommendation violates the bid process. City Attorney Burnham stated that he does not think the City is violating the bid process, although it is unusual to implement a change order before the contract is awarded. He indicated that there may be alternative ways to deal with the issue, i.e. contract separately for the work with the same contractor. Motion by Mayor Pro Tern Ridgeway to 1) approve the plans and specifications; 2) award the contract (C -3629) to Ranco Corporation for the total bid price of $205,581 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $20,000 to cover the cost of unforeseen work. Mayor Pro Tern Ridgeway stated that the Public Works Director should deal with the City Attorney's suggestion. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams 5. PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES FOR PREPARATION OF EIR ON REGENT NEWPORT BEACH (MARINAPARK). City Manager Bludau stated that he meant to place this item on the agenda for Council discussion. Assistant City Manager Wood reported that Council approved an amended agreement with Sutherland Talla Hospitality in March 2003 for the development of a hotel project on the City's Marinapark site and also approved a project description in order to approve an Environmental Impact Report (EIR). She stated that the major areas to be covered by the EIR are biology, traffic /parking, water quality, noise, aesthetics, and any other issue that comes up during the public seeping process and Notice of Preparation review. She reported that the draft EIR should be available for public review and comment in February 2004, should go before the Planning Commission in June, and should go before Council for certification in July. She stated that Council can also place the project on the November 2004 ballot at this time. She noted that a revised Exhibit B was distributed because there was an error in the subconsultant total. She noted that the cost for the EIR will now be $195,420 which is paid by Sutherland Talla. Volume 56 - Page 377 INDEX C- 3389(A) EIR on Regent Newport Beach/ Marinapark (38) City of Newport Beach Regular Meeting September 9, 2003 INDEX Motion by Mayor Pro Tern Ridgeway to approve and authorize the Mayor to execute the agreement to prepare the EIR for a cost not to exceed $195,420. Council Member Webb believed that there was supposed to be a "no project alternative" in the FIR. He asked if this alternative was going to be for park purposes as opposed to trailer park use. Ms. Wood reported that the no project -type alternatives are 1) "no project /no development" which will keep it in its current condition; and 2) "no project /development pursuant to the General Plan alternative" which would be some type of marine recreation use. City Attorney Burnham clarified that the General Plan does not specify the property as a park, but designates it as environmental - recreational open space. Council Member Heffernan stated that the issue he has had with this vote is that, in other circumstances, this project would have gone through an EIR process, Planning Commission and City Council review, and then there would be a vote. However, the City will be going to a vote first for this project. He asked when the public will have the chance to provide input on the EIR and if the FIR will deal with economic issues. Ms. Wood reported that the draft EIR will be available for public review in February 2004 and there will be a 45 -day review period. Further, there will be visual simulations in the aesthetic impact section. She indicated that the fiscal and economic impacts will not be covered in the EIR, but a different consultant will be generating a fiscal impact analysis. She stated that the City is beginning to work with an economic consultant and the Council committee on lease negotiations for the project. She indicated that the intent is to have all the information available to the public before the project goes to a vote. She indicated that they do not have a plan yet to summarize or collect all the reports, information, and negotiations so it is in a concise place for a voter to make a reasonable decision. She confirmed that they plan to have Planning Commission and Council hearings. Mr. Burnham reported that the EIR for the project is based on the process that Council approved in the modified agreement and would be the same as the EIR without the agreement. He emphasized that the Planning Commission and Council hearings will be the same, so the public will have the same opportunity to evaluate the project as it would under any other circumstance. He reported that the only thing that is going to be different about this project is, instead of Council approving or rejecting the project, it will go to a vote of the people. Further, Council has indicated a desire to engage in preliminary lease negotiations to get economic information. He believed that the voters will be receiving more data on this project than any other project that the City has had in a long time. Additionally, he believed that it was Council's intent to generate some type of informational packet and make it available to the citizens when all of the information is complete. Council Member Heffernan noted that the site is on City land and the economics is an issue. Council Member Webb stated that the Notice of Preparation and the scoping sessions will also provide another opportunity for public input. City Manager Bludau noted that they can announce the dates of these sessions at a Council meeting. Volume 56 - Page 378 City of Newport Beach Regular Meeting September 9, 2003 In response to Council Member Nichols' comments, Ms. Wood reported that about five lots are currently vacant. Mr. Burnham stated that the no project /no development alternative would evaluate the site as of the date of the Notice of Preparation. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams 7. WORKERS COMPENSATION (WC) EXCESS INSURANCE COVERAGE AND COST RENEWAL - POLICY PERIOD 9/1/03 - 9/1/04. In response to Council Member Nichols' questions, Risk Manager Farley provided Council with a handout and reported that this is premium that the City pays to a private insurance carrier, not the State. She clarified that this is an excess insurance policy that the City buys above a self- insured retention (SIR) limit which adjusts according to the market and the City's financial strength in the internal insurance fund. She stated that the amount the City pays is impacted by its loss history. She pointed out that the City is self- insured from $0 to $1 million. Ms. Farley stated that the City has seen a dramatic increase since the 1.998 -1999 fiscal year due to catastrophic loss, loss in investment income, and markets leaving California. She reported that AB749 went into effect January 1, 2003 and increases benefits 22% for injured workers and 54% for wrist injury claims. She noted that the City was with Employers Reinsurance for several years and had statutory limits. She stated that now the City is going to self- insure more moneys upfront before the excess insurance policy will come to bear. She reported that markets have left California because of the increase in benefits, decrease in return investments, and catastrophic loss. She believed that neighboring agencies either did not get a quote for excess insurance so they are now fully self- insured for this coverage or they only received one viable quote. She stated that the City's internal insurance fund for workers compensation has a cash reserve of $6.5 million which is the healthiest it has been in a number of years. Ms. Farley reported that there is a move in Sacramento to clean up AB749 which could save employers between $5 billion to $6.2 billion, but it may not make an impact. She stated that the City is certainly being impacted by that negotiation. She confirmed that the City's deductible has gone from $275,000 to $1 million, and the rates have doubled since last year, even though the City has a higher minimum. City Manager Bludau noted that the retention is per incident, not total for the whole year. Ms. Farley reported that the City currently has one catastrophic loss in which the SIR at the time of the loss was $350,000. She stated that the claim has been reserved for $1.3 million and noted that anything in excess of $350,000 will be transferred to excess insurance which is first paid by the City and then reimbursed back to the City. Volume 56 - Page 379 INDEX Workers Compensation Excess Insurance Coverage (47) City of Newport Beach Regular Meeting September 9, 2003 INDEX In response to Council Member Proctor's question, Ms. Farley stated that the rates are per $100 of payroll. She confirmed that the increases the City is seeing are the same as the private sector. Charles Griffin, Newport Beach, stated that his son has to hire employees which means he has to pay this insurance which is almost equivalent to the payroll of a new employee. He noted that this came to pass under the Governor's watch and believed that it is appropriate that he be recalled. Motion by Mayor Pro Tern Ridgeway to approve the renewal of WC Excess Insurance coverage with the SIR of $1 million, coverage limits of $100,000,000 and premium of $434,679 for FY 03/04. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams K. PUBLIC COMMENTS Ralph Rodheim, Newport Beach, invited everyone to the Italian street painting festival on October 4 and 5 in the Balboa Village. He showed the type of art that will be drawn on the streets and stated that people can get more information by going to www.lastradadellarte.org. Laura Dietz announced that Corona del Mar will be having its sandcastle contest on Sunday from 11:00 a.m. to 5:00 p.m. She also announced that the Corona del Mar Centennial Plan can be previewed at the Oasis Senior Center on September 15 at 6:30 p.m. Jim Hildreth stated that the street light is going to be removed in the 100 block of the Grand Canal and believed that safety is not the reason for its removal. He believed that the City should look into the article that Dolores Otting will be presenting about health care. He brought up Agenda Item 4 from the August 12 meeting and noted that permits has a "P" listed underneath it which coincides with Title 17 when the Harbor Department was put under the control of the County. He believed that the documents he is requesting are somewhere and wished that Council would do an audit of Tim Roseberger's office. Charles Griffin, Newport Beach, stated that he received publications from Donald Bren and the City of Irvine. He believed that it would be appropriate that the City make the airport committee active again and utilize the water bills to issue "Support El Toro" postcards for people to send in. He added that he received a Notice of Preparation regarding John Wayne Airport (JWA) today and noted that the public has until October 10 to respond to the Notice. Dolores Otting, Newport Beach, stated that she is very sad to see that City Attorney Burnham will be retiring. She presented a handout about Sunbridge, a skilled nursing facility, located at 1555 Superior that has a permanent injunction against it from the Attorney General's office. She Volume 56 - Page 380 City of Newport Beach Regular Meeting September 9, 2003 INDEX noted that the City does not have jurisdiction over these facilities since they are licensed by the Department of Health Services; however, she believed that it would be nice if the City would provide a link or a listing for elder abuse on its website, or if the Daily Pilot would include this information when it lists how to contact the local representatives. Georgiana Dickson, Newport Beach, read the Class B citation that Sunbridge received on August 11, 2003. City Attorney Burnham noted that the City does not have jurisdiction over this facility or the care that is rendered in the facility. He stated that, while the issue is important, public comments are limited to matters that are within the subject matter jurisdiction of the City. Elsie Forshay stated that her husband, Edwin, has been a resident of Sunbridge since June 7. She indicated that he had been dehydrated for several days and asked that she sit with him; however, the nurses called the police because they wanted her to leave the facility. She indicated that the officer told her that this was not a case for the police. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC). No report. Local Coastal Program Certification Committee. Mayor Pro Tem Ridgeway reported that they had a meeting last Thursday to try to review all the comments from the Coastal Commission. He stated that, since they did not finish, they had another meeting today at 1:30 p.m. He indicated that they are now waiting for biological water quality and legal comments from the Coastal Commission. Newport Coast Advisory Committee. Council Member Heffernan reported that the NCAC met on Wednesday and the most immediate issue was the public outreach for the community center. He noted that part of the annexation agreement set aside $7 million for the construction of a community center. He reported that the initial renderings will be on display at Pavilions at the end of the month and there will be a meeting on September 29 at the Newport Coast Elementary School at 6:30 p.m. to receive input on whether to move forward. He stated that it is proposed to place the center, which will include a gym, library, and public meeting rooms, at the edge of the park at Newport Coast Drive and San Joaquin Hills Road. He reported that the option if the center does not move forward, is to have the money added back into the assessment relief which will then be paid back to the residents as part of their ongoing payments. Council Member Heffernan reported that the NCAC meets the first Wednesday of each month at 5:30 p.m. at the Newport Coast Elementary School. Council Member Heffernan reported that there are only one or two associations that are not in compliance with the City's slope maintenance standard. Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb reported that they will meet on Wednesday, September 24, to discuss the State's comments and to discuss the project's progress. Volume 56 - Page 381 City of Newport Beach Regular Meeting September 9, 2003 M. N 0 Legal Services Committee. Mayor Bromberg reported that the purpose of the committee is to determine what type of individual the City will look for to take over the City Attorney position. He stated that the committee consists of himself, Mayor Pro Tem Ridgeway, and Council Member Heffernan. He indicated that they will probably do some type of advertising and start interviewing people after the first of the year. He stated that City Attorney Burnham has indicated that he is willing to stay onboard at least through June 2004. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 8. PLANNING AGENDA FOR SEPTEMBER 4, 2003. Senior Planner Campbell reported that the Commission had six public hearings, but the most significant hearing was for the reconstruction of the McDonald's restaurant on Mariner's Mile. He stated that the Commission met several times for over a year and went through a variety of different designs. He indicated that, with the final analysis, the Commission felt the project warranted approval. In response to Council Member Heffernan's questions, Mr. Campbell stated that the McDonald's item was noticed several times, the Commission conducted three public hearings, and there was limited public involvement. He noted that they received letters regarding noise at one of the prior hearings, but they took steps to alleviate that issue as best as possible. He reported that, at the last hearing, there were no members of the public in attendance. He stated that he was not receiving any input from the public that indicated they would want to appeal this. PUBLIC HEARING 9. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO EZ DISPOSAL. Motion by Council Member Webb to adopt Ordinance No. 2003 -15 granting a Non - exclusive Solid Waste Franchise to EZ Disposal. Mayor Bromberg opened the public hearing. Hearing no testimony, he closed the public hearing. The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams CONTINUED BUSINESS 10. STATUS REPORT ON ACCOMPLISHMENT OF STAFF'S TOP PRIORITIES FOR 2002 -2003. City Manager Bludau reported that, for the last three years, staff has developed its top priorities in order to have focus, prioritization, and accountability and to ensure that the important City business and the Volume 56 - Page 382 INDEX Planning (68) Ord 2003 -15 Non - exclusive Solid Waste Collection Franchise (42) Staff Priorities (35) City of Newport Beach Regular Meeting September 9, 2003 INDEX business that Council wants to get done is being done by staff. Mr. Bludau utilized a PowerPoint presentation and reported that Priority 1 was to obtain all necessary approvals to extend the John Wayne Airport (JWA) Settlement Agreement consistent with Scenario 1 as described in EIR 582, and to maintain the integrity of the Settlement Agreement once approved. He noted that he and City Attorney Burnham were the owners of this priority and it was accomplished. He reported that, in December 2002, Council and the Board of Supervisors approved the agreement, AWG and SPON supported the agreement, and the FAA sent a letter supporting the agreement; and Judge Hatter validated the agreement in January 2003. Mayor Pro Tem Ridgeway added that former Council Members Dennis O'Neil and Norma Glover were also instrumental in accomplishing this priority. Mr. Bludau reported that Priority 2 was to complete the General Plan outreach and begin the General Plan Update process. He stated that Assistant City Manager Wood was the owner of this priority and it was accomplished. He reported that the Visioning Summit took place in November 2002; the "Community Directions for the Future" was published in January 2003; twelve General Plan Advisory Committee meetings, eight neighborhood workshops, and a telephone survey took place from July 2002 to June 2003; and EIP Associates, Inc. was awarded a contract to produce the General Plan documents in June 2003. Mr. Bludau reported that Priority 3 was to prepare a draft Local Coastal Plan (LCP) and submit it to the California Coastal Commission staff by June 30, 2003. He stated that Planning Director Temple was the owner of this priority. He reported that the biological resources studies, coastal hazards studies, coastal area parking studies, and the draft Land Use Plan were completed in November 2002; the revised LCP was submitted to the Coastal Commission staff in April 2003; and their comments were received in July 2003. He indicated that the time frame goal was too optimistic even though the priority has made good progress. He stated that the duration for this will probably be twice as long as originally envisioned due to the complexity of the process. He reported that, per SB516 and starting July 2003, the City is obligated to pay $1,000 a month to promote coastal access until the City has a certified LCP. Mr. Bludau reported that Priority 4 was to develop a traffic signalization management system that results in maximizing smooth and safe traffic flows throughout the City. He stated that the owners of this priority were Public Works Director Badum and Traffic Services Manager Edmonston. He reported that the consultant contract was awarded to Meyer, Mohaddes Associates, Inc. in December 2002; the traffic counts began at 100 intersections in February 2003; and the traffic counts were finalized, field observations were concluded, and meetings with Caltrans staff were conducted between June and August 2003. He added that synchronization sequencing is being performed in the field and there will be field observations starting this month until the end of the year. He indicated that they anticipate the project to be completed prior to January 2004. Volume 56 - Page 383 City of Newport Beach Regular Meeting September 9, 2003 INDEX Mr. Bludau reported that Priority 5 was to develop an organizational response to NPDES and Upper Bay water quality requirements. He stated that the owners of this priority were Assistant City Manager Kiff and himself, and the priority was accomplished. He reported that the decision to make a new division in the City Manager's Office with three new positions occurred April 2003 and the three positions were filled and the division became fully staffed in July 2003. Mayor Pro Tern Ridgeway stated that the Coastal/Bay Water Quality Committee will be reviewing waivers to the NPDES permit to allow boat and dock washing to continue in the Bay. He indicated that he has received numerous calls from people who have been told by Code Enforcement Officers that they cannot wash their docks or boats. He stated that the committee is going to try to generate a best management practice (BMP) and take it to the Regional Water Quality Board as soon as possible. Mr. Bludau believed that a number of these issues will come up as the division enforces more actions that are required of the City. He stated that he hopes the Board will back off on some things and take a more reasonable approach. Council Member Heffernan stated that the issue of third party contractors detailing cars was discussed at the Newport Coast Advisory Committee meeting. He believed that it would be good to get information out regarding what is permitted. Mayor Pro Tem Ridgeway clarified that you can wash your vehicle without using soap; however, a commercial entity or someone hired to wash your car cannot. Mr. Bludau reported that Priority 6 was to develop a comprehensive strategic plan for the existing City buildings. He stated that Public Works Director Badum and Fire Chief Riley were the owners of this project. He reported that Griffin Advisors, Inc, was hired in January 2002 to develop a City Hall Facility Needs Assessment as Phase 1 of the master planning process; Griffin recommended a 62,000 sq. ft. City Hall, a new fire station, and a two -level parking garage in April 2003; and Council contracted with Griffin on June 10, 2003 to proceed with the schematic design and public outreach process. He noted that the priority was changed by Council to focus on the City Hall site. He reported that the initial planning is complete and it is now in the schematic design phase. He indicated that they are stopped at this time until it is determined whether the consultant has conflict of interest issues. Mr. Bludau reported that Priority 7 was to develop a joint Mariners Library planning process with the Newport -Mesa Unified School District resulting in the preparation of construction plans. He stated that the owners of this priority were Public Works Director Badum, Library Services Director Katsouleas, and Administrative Manager Thompson. He stated that the Library Ad Hoc Committee had four meetings, the construction package was submitted to the State in July 2003, and they hope to hear from the State at the end of the week. He noted that the priority was accomplished. Mr. Bludau reported that Priority 8 was to complete the East Santa Ana Heights, Bay Knolls, and Emerson annexations. He stated that Assistant City Manager Kif£ was the owner of this priority. He reported that the Volume 56 - Page 384 City of Newport Beach Regular Meeting September 9, 2003 INDEX Local Agency Formation Commission (LAFCO) held the public hearing in November 2002. He stated that the East Santa Ana Heights and Bay Knolls annexations became effective July 1, 2003 and Emerson will be annexed July 2004, probably with West Santa Ana Heights. He indicated that the priority is accomplished. Mr. Bludau reported that Priority 9 was to identify a permanent location for Fire Station 7 and funding sources for land acquisition and construction. He stated that the owners of this priority were Fire Chief Riley and Assistant City Manager Kiff. He reported that County staff was initially tasked with the land acquisition of specific sites in March 2003, but City staff assumed this responsibility in July 2003. He indicated that the City and County entered into an agreement for land acquisition and fire station construction funding in July 2003. He stated that the priority is not accomplished with regard to the site acquisition; however, funding for site acquisition and construction have been secured. Council Member Webb noted that a person to deal with the property acquisition was hired to help the City and asked if they have gone into the appraisal process or contacted the owners. Mr. Bludau stated that he has a meeting with this person on Wednesday to review their progress. Mr. Bludau reported that Priority 10 was to increase the level of disaster preparedness training received by City employees which results in increased competence in performing their Emergency Operations Center (EOC) responsibilities. He stated that the owners were Fire Chief Riley and Community Education Coordinator Boston, and the priority was accomplished. He reported that 11 staff members attended the California Specialized Training Institute in February 2003, but noted that there was also a three month internal process prior to this which evaluated what portions of training were most important for disaster preparedness. He stated that, in March 2003, the City had a successful airplane crash disaster exercise with 57 staff participants, along with outside agencies. Mr. Bludau reported that Priority 11 was to complete the cable television franchise and ordinance renewal /revision process. He stated that the owners of this priority were Public Information Officer Jackson and Assistant City Attorney Clauson. He reported that, from July 2002 to June 2003, the Telecommunications Committee met ten times and worked on the Community Needs Assessment. He added that the first meeting took place with Cox and Adelphia in July 2003, and the written submittal on the City's negotiation points will be made this week to Cox and Adelphia. He stated that the priority is taking longer than originally anticipated, but they anticipate new franchise agreements by April 2004. Mr. Bludau reported that Priority 12 is to identify funding sources, prepare the plans, and begin construction for the Big Canyon Reservoir cover. He stated that the owners of this priority were Utilities Director Davidson and Public Works Director Badum. He noted that a full review of this project will occur at the next study session and reported that $900,000 has been obtained in Federal funds. He indicated that future steps include bringing a landscaping mitigation contract to Council at the next meeting; certifying the EIR in November 2003; awarding the construction and installation bid in December 2003; and starting Volume 56 - Page 385 City of Newport Beach Regular Meeting September 9, 2003 construction in January 2004. He stated that the priority is behind schedule but is proceeding well. He believed that the project will take most, if not all, of the next calendar year to complete. Council Member Webb asked if any community outreach will occur as part of the EIR process. Mr. Bludau stated that there has been quite a bit of community outreach and this is why the landscaping plans will be coming before Council. Further, they have discussed colors and shown people photos of what they expect the reservoir to look like. Public Works Director Badum reported that the project manager, Mike Sinacori, has met with a lot of the area associations and individuals who have called with questions. He stated that the mitigation plan is a direct result of this communication. He clarified that the EIR is essentially for the Federal funds that are now part of the project. Council Member Heffernan asked if there will be visuals at the next study session. Mr. Badum stated that they have view simulations from almost every homeowners association and from resident backyards. Council Member Heffernan encouraged residents that have concerns to come to the study session. P. CURRENT BUSINESS 11. REQUEST FOR WAIVER OF SPECIAL EVENT FEES FOR THE LA STRADA DELL' ARTE. The item was pulled from the agenda. Q. MOTION FOR RECONTSIDERATION— None. R. ADJOURNMENT —at 8:42 p.m. in memory of Al Schmehl and Derek Niblo; and to send prayers and best wishes to Brian Slater and his family. The agenda for the Regular Meeting was posted on September 3, 2003, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on September 5, 2003, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording i City Clerk Volume 56 - Page 386 11013*./ Special Event Fees (27)