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HomeMy WebLinkAbout01 - Minutes - 03-08-2005City Council Meeting March 22, 2005 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes DRAFT �� Regular Meeting March 8, 2005 - 7:00 p.m. INDEX STUDY SESSION— Cancelled CLOSED SESSION — None A. CONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Absent: None C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE — Council Member Heffernan E. INVOCATION — Reverend Tim McCalmont, Presbyterian Church of the Covenant, Costa Mesa F. PRESENTATIONS - None G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): • Council Member Daigle stated that in anticipation of applications, and specifically the one by Brookfield Homes, to place residential units in the airport business area, she is requesting a proposal from Roma Design to look at the development of performance criteria for residential and a preservation and priority strategy for commercial. • Mayor Pro Tem Webb wished City Manager Bludau a happy birthday. • Mayor Bromberg announced that Little League opened on Sunday, March 6th. That same day, Corona del Mar High School held a fundraiser, the Battle of the Bands, for tsunami relief. They raised $4,000. Lastly, a public outreach meeting was held on the City Hall replacement issue on Saturday, March 5th. • Mayor Bromberg complimented the General Services Department for their work during the recent storm activity. Volume 57 - Page 109 City of Newport Beach City Council Minutes March S, 2005 I. CONSENT CALENDAR Council Member Heffernan referred to Item No. 8 and asked if the service is revenue neutral. Council Member Ridgeway stated that it has been revenue neutral in the past. The City analyzes the number of permits that will be pulled during the year, based on historical data, and then sets an average for the permit cost. Council Member Daigle referred to Item No. 10 and acknowledged the Friends of Oasis for raising the money to fund the senior transportation program. Council Member Daigle stated that it's an important service to seniors in the community. In response to Council Member Nichols' question regarding Item No. 10, City Manager Bludau stated that all of the bus drivers for the program are City employees. READING OF MINUTESIORDINANCES AND RESOL UTIONS 1. Item removed from the Consent Calendar by a member of the audience. 2. READING OF ORDINANCES AND RESOLUTIONS. 'A give reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCES FOR INTRODUCTION 3. ORDINANCE AMENDING SECTION 12.40.055 OF THE NEWPORT BEACH MUNICIPAL CODE TO ALLOW PARKING OF EQUESTRIAN VEHICLES IN SANTA ANA HEIGHTS. Introduce Ordinance No. 2005 -2 amending Section 12.40.055 of the NBMC — Parking of Certain Oversized Vehicles and Nonmotorized Vehicles in Residential Districts Prohibited. RESOLUTIONS FOR ADOPTION 4. Item removed from the Consent Calendar by a member of the audience. 5. Item removed from the Consent Calendar by a member of the audience. 6. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2004 -2005 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR SHORTENED FISCAL YEAR 2005. 1) Approve Balboa Village Business Improvement District 2004 -2005 Annual Report; and 2) adopt Resolution of Intention No. 2005 -15 and set the public hearing for March 22, 2005. Volume 57 - Page 110 INDEX (100 -2005) (100 -2005) City of Newport Beach City Council Minutes March 8, 2005 7. Item removed from the Consent Calendar by Council Member Nichols. 8. DREDGING PERMIT RENEWAL - APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS FOR ANALYTICAL SERVICES FOR RENEWAL OF REGIONAL GENERAL PERMIT 54. Approve a Professional Services Agreement with Weston Solutions, Inc. of Carlsbad for analytical services for the renewal of Regional General Permit 54 at a contract price not -to- exceed $350,000 and authorize the Mayor and the City Clerk to execute the Agreement. 9. PROFESSIONAL SERVICES AGREEMENT TO PREPARE A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE HOAG HOSPITAL MASTER PLAN UPDATE PROJECT. 1) Approve a Professional Services Agreement with BonTerra Consulting of Costa Mesa for professional environmental services to prepare a Supplemental Environmental Impact Report for an amount not to exceed $280,360; and 2) authorize the City Manager to sign the agreement. MISCELLANEOUS ACTIONS 10. BUDGET AMENDMENT - EXPANSION OF THE OASIS SENIOR CENTER TRANSPORTATION PROGRAM. Approve a budget amendment (05BA -047) in the amount of $66,666 to cover the expansion cost of the OASIS Senior Center transportation program. 11. Item removed from the Consent Calendar by Council Member Nichols. 12. Item removed from the Consent Calendar by a member of the audience. Motion by Mavor Pro Tern Webb to approve the Consent Calendar, except for those items removed (1, 4, 5, 7,11 and 12). The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None J. PUBLIC HEARINGS 13. CODE AMENDMENT NO. 2004 -013 - CIVIC PLAZA, 1 CIVIC PLAZA (PA2004 -272) - AMENDMENT TO THE CIVIC PLAZA PLANNED COMMUNITY TEXT (PC -19) TO CHANGE THE NAME OF THE DEVELOPMENT AND TO MODIFY THE SIGN REGULATIONS RELATING TO PROJECT IDENTIFICATION Volume 57 - Page 111 INDEX C -3759 Dredging Renewal Permit (38/100 -2005) C -3760 Hoag Hospital Master Plan Supplemental EIR (38/100 -2005) (100 -2005) (100 -2005) City of Newport Beach City Council Minutes March 8, 2005 INDEX SIGNS BY CHANGING THE SIZE, LOCATION, NUMBER AND THE INCLUSION OF TENANT NAMES. Associate Planner Ung stated that the code amendment under consideration would allow The Irvine Company to remove three existing project identification signs for Civic Plaza at the driveway entrances on San Joaquin Hills Road, Santa Cruz Drive and San Clemente Drive, and replace them with three new project/tenant identification signs. Additionally, The Irvine Company is asking to construct a new 57 square foot project identification sign at the intersection of Santa Cruz Drive and San Clemente Drive and to change the name of the center from Civic Plaza to San Joaquin Plaza. She noted that the Planning Commission is recommending approval of the code amendment. Mayor Bromberg opened the public hearing Gloria Broming, representing The Irvine Company, introduced herself and stated that she was available to answer questions. Council Member Ridgeway asked why the name San Joaquin Hills Plaza wasn't chosen. He stated that San Joaquin Plaza doesn't connect well with Fashion Island or Newport Center. Jamie Heidebrink, Landscape Architect, LPA, explained that another plaza was already using San Joaquin Hills Plaza and that the length of the name also posed a problem. Hearing no further testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Rideewav to approve the request by introducing Ordinance No. 2005 -3 and passing to second reading on March 22, 2005. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None Council Member Ridgeway complimented The Irvine Company on their overall re- signage of Newport Center and Fashion Island. K. PUBLIC COMMENTS Russell Raymond Wood, Jr. stated that the two episodes of the television show, The OC, that aired on March 3, 2005, contained inappropriate and disturbing content for teenage audiences. He stated that The OC is unsatisfactory, has no family values and is not an appropriate reflection of Newport Beach or Orange County. Jim Hildreth referred to his letter of February 28, 2005, addressed to the Volume 57 - Page 112 City of Newport Beach City Council Minutes March 8, 2005 INDEX Revenue Department Manager. Mr. Hildreth stated that moorings exist in the Grand Canal and the City does not collect fees for these moorings, but it does collect fees for accessing the Grand Canal. Additionally, he stated that the City has shown, by putting up a ladder at the southwest end of the Grand Canal, that there is an access issue and they're willing to take care of the problem at that location. Phil Arst stated that he attended the public outreach meeting for the new City Hall on March 5, 2005, and that only eleven residents were in attendance. He stated that the meeting did not serve the public or the purpose intended, and was inadequately noticed. With it being one of the most expensive projects in the City, he asked if it's the best use of taxpayer's dollars. He stated that what is needed is a reduction in the number of City employees and further study. He requested that the work be stopped until these questions can be answered. Mayor Bromberg stated that the City is looking at the possibility of replacing City Hall, as well as building a parking structure that would service the peninsula and a new fire station adjacent to City Hall. He announced that two additional outreach meetings will be held, and that docent tours are still being offered. The next outreach meeting will be held on March 19, 2005, from 10:00 a.m. to noon in the Council Chambers. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report — Ad Hoc General Plan Update Committee (GPUC). No report. Committee meets as needed. Status report — Local Coastal Program Certification Committee. Council Member Ridgeway announced that the implementation program is in its draft form, and the Coastal Commission is currently processing the land use element. The committee's next meeting is scheduled for March 14, 2005, at 4:00 p.m. Status report — Newport Coast Advisory Committee (NCAC). Council Member Heffernan announced that the NCAC met on March 7, 2005. The focus of the meeting was the Newport Coast Community Center site plan and the related parking issue. He stated that the NCAC feels that the parking is adequate, but staff will be presenting a different recommendation to the City Council on March 22, 2005. Status report — Mariners Joint Use Library Ad Hoc Steering Committee. Mayor Pro Tern Webb announced that the project is under construction and moving forward rapidly. Status report — City Centennial 2006 Committee. Mayor Pro Tern Webb stated that the committee and subcommittees have been meeting, and more and more people are becoming interested in participating. It should be a wonderful event. Status report — City Council/Citizens Ad Hoc Committee for Marina Park Planning. Mayor Bromberg announced that the first meeting of the committee will take place on March 22, 2005, at 2:00 p.m. in the Council Chambers. Volume 57 - Page 113 City of Newport Beach City Council Minutes March 8, 2005 M. N. Status report — City Council Ad Hoc Marina Park Advisory Committee. No report. Committee has not met. Status report — Southern California Association of Governments (SCAG). Council Member Ridgeway stated that SCAG is a 75- member board representing six counties in the area for regional planning of housing and roads. He stated that one of the big issues facing the region is goods movement and the increase in trucks on the roads. Council Member Ridgeway provided some background information on the movement and distribution of goods, and reasons why the use of the ports at Long Beach and Los Angeles is expected to increase. Status report — Corona del Mar High School Taskforce. Council Member Daigle reported that the community has agreed to have the road re- striped on Eastbluff Drive, adding an additional lane from the high school to Jamboree Road. She stated that the implementation will be for a trial period and the results will be monitored to see if there are any improvements to traffic flow. Feedback from the community will also be sought. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR MARCH 3, 2005 Planning Director Temple reported that the Planning Commission acted on four items at their meeting of March 3, 2005. The first item was for an existing use permit at Anthony's River Boat Restaurant. She explained that when the use permit was originally approved, there were significant concerns raised about noise. One of the conditions for approval required that the Planning Commission later review the use to make sure that the conditions placed on the use permit were being effective. Due to the positive results that were reported, the Planning Commission eliminated the requirement for further review. The Planning Commission also considered amendments to the City's housing element and is recommending approval. The issue will be agendized for the City Council meeting of March 22, 2005. The third item addressed by the Planning Commission was a use permit for Rudy's Pub & Grill. Rudy's is asking for substantial renovations to their facility, which would change it from a bar facility to an eating and drinking establishment. The Planning Commission approved the project. And, lastly, the Planning Commission approved the use permit for a mixed -use project in the Cannery Village area. CURRENT BUSINESS 15. COAST HIGMVAY CHANNELIZATION AND MEDIAN IMPROVEMENTS — ANVARD OF CONTRACT (C -3558) AND APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONTAL SERVICES AGREEMENT WITH DMC ENGINEERING. Public Works Director Badum reported that the contract before the City Council at the current meeting is for the construction of raised medians on Coast Highway between MacArthur Boulevard and Poppy Avenue. He stated that the medians are a part of the Corona del Mar Business Volume 57 - Page 114 INDEX (100 -2005) C -3558 Coast Highway Channelization and Median Improvements (38/100 -2005) City of Newport Beach City Council Minutes March 8, 2005 INDEX Improvement District's (BID) Vision 2004 Improvement Plan. Currently, the medians are striped. Money for the project was budgeted in the 2002/03 fiscal year, but due to disagreements in design standards with CalTrans, the project was delayed. In October of 2004, the City took over the control of Coast Highway in Corona del Mar from CalTrans. At the December 14, 2004, study session, the consensus of the council members was to proceed with the completion of the medians as originally proposed and provide the additional funding that would be necessary. Public Works Director Badum reported that since that meeting, the BID, staff and the Mayor met to discuss the project and at the request of the BID, additional items were added to the project. After receiving the bids, which were higher than projected, the BID agreed to pledge additional funds from their future annual allotments. He also explained the budget amendment that is before the City Council at the current meeting. The new proposed funding total would allow for two of the four additional items requested by the BID to be included in the project. These are the installation of four date palms at MacArthur Boulevard, and improvement of the median landscaping south of the Coast Highway and Marguerite Avenue intersection, listed as Al and A2 in the staff report, respectively. Mayor Bromberg stated that the BID is pledging $160,000, or four year's of BID money. He wanted to make sure that the BID members understood this. Council Member Heffernan expressed his opposition to delaying the installation of a lit crosswalk at Orchid Avenue. He asked if the hazard that exists at the Orchid Avenue and Coast Highway intersection would be improved by the raised medians. Public Works Director Badum responded in the affirmative and stated that staff is proposing that the project be deferred to the next fiscal year. He agreed that it would be a worthwhile project, but stated that it needs to go through the budget process. He added that it is expected that the BID and the City will share in the cost of the project, which is projected to total $40,000 to $50,000. Council Member Nichols expressed his understanding that CalTrans didn't allow the installation of the raised medians because there wasn't enough room for them. Public Works Director Badum stated that CalTrans' standard for lanes adjacent to raised medians is 14 feet wide. The lanes in Corona del Mar are approximately 11 feet wide, which the City feels is adequate based upon the lower speeds in the area. He explained that CalTrans has a set standard for their design criteria and doesn't alter it for different situations or urban environments. Council Member Nichols stated that people need to realize that the striping that exists on Coast Highway along Fashion Island where the road narrows does not exist for similar narrowings of the roadway in Corona del Mar. He asked if the City is liable by not following the CalTrans highways standards. Public Works Director Badum stated that there is no requirement for the City to use CalTrans standards. Council Member Nichols displayed some photos from a recent accident on Volume 57 - Page 115 City of Newport Beach City Council Minutes March S, 2005 INDEX Coast Highway in Corona del Mar. He pointed out that traffic was diverted around the accident, but if there were raised medians in the area, this could not have been done. Mayor Pro Tem Webb stated that such an accident doesn't happen very often. Council Member Nichols pointed out that 20% of the accidents that occur in the City occur in the Corona del Mar and Mariners Mile areas. Mayor Bromberg stated that he would be more concerned about head -on collisions occurring without the raised medians. Council Member Nichols stated that raised medians also present a problem for emergency vehicles and their ability to get past traffic. Jim Hildreth stated that a study of past accidents should be done. Additionally, he suggested installing temporary raised medians first and see how they work. John Blom, BID Chairman, stated that the project is a great example of people working together. He confirmed that the BID is aware of the money it is pledging and hopes to raise additional funds for pedestrian safety projects. Council Member Heffernan stated that approximately $900,000 is being spent to beautify the area, but that the safety issues aren't being dealt with. He asked why the BID is giving safety projects a lower priority. Mr. Blom explained that the median project is closer to being done than the lit crosswalks, and the medians are expected to improve safety in the area, as well. Council Member Heffernan expressed his concern for not adding a lit crosswalk at Orchid Avenue, which has already been shown to be a problem. He understood that the intersection at Iris Avenue did need additional study. Mr. Blom stated that he didn't want the addition of the crosswalk at Orchid Avenue to hold up the median project. Val Skoro stated that many people have been working for a number of years to get the enhancements to Corona del Mar completed. He asked for the City Council's approval of the staff recommendation. Council Member Nichols suggested that a sign be installed at the Iris Avenue intersection to prohibit vehicles from stopping in the intersection. Barry Allen stated that there was an agreement over two years ago with the homeowners association that the palm trees on MacArthur Boulevard would not be installed. He expressed his support for the project, but not for the installation of the four date palms. He explained that the residents were concerned that the palm trees could block their views. Mr. Allen stated that he didn't know why the palm trees were added back into the plan. Mayor Bromberg asked if there was an agreement between the BID and the residents association to remove the date palms. Mr. Blom didn't Volume 57 - Page 116 City of Newport Beach City Council Minutes March 8, 2005 recall that the date palms were a part of the plan, and that they were added to compliment those at a nearby restaurant. Mayor Bromberg expressed his concern for an agreement that is not being honored. Mr. Blom stated that he wouldn't want the issue of the date palms to delay the median project. Council Member Heffernan expressed his concern for the date palms and their effect on the site planes of drivers. Scott Palmer, BID Administrator, reported that the BID has budgeted for the project and will remain healthy after the pledge monies are paid for the project. Bernie Svalstad, BID Vice President, suggested that if the date palms are removed from the project, that the left -turn storage for northbound Coast Highway at Marguerite Avenue be added. This item is listed as A3 in the staff report. Mr. Svalstad noted that the homeowners association, the chamber of commerce and the BID support the project. He urged the area's council representative, Council Member Nichols, to also support the project. Motion by Council Member Ridgeway to 1) determine that the project is exempt from environmental review pursuant to Section 15302 of the California Environmental Quality Act; 2) approve the plans and specifications; 3) increase revenue estimates in the Contributions Fund 250 by $25,000 from the Corona del Mar Business Improvement District (BID) and appropriate this amount to Account No. 7251- C5100698, adjusting their Fiscal Year 2004/05 contribution total to $145,000; 4) approve a budget amendment (05BA -048) transferring $71,100 from Gas Tax Corona del Mar Pedestrian Improvements, Account No 7181 - 05100693 to Account No. 7181- C5100698, $117,500 from the Transportation and Circulation Fund Balance 206 -3605 to account 7261 - 05100698 and $160,000 from the General Fund Unappropriated Surplus Fund Balance, 010 -3605 to Account 7013- C5100698; 5) award the contract (C -3558) to All American Asphalt, Inc. for the total bid price of $806,326, as amended to delete Bid Item Al (the installation of four date palms at MacArthur Boulevard) and add Bid Item A3 (the additional left - turn storage for the northbound Coast Highway at Marguerite Avenue intersection), and authorize the Mayor and the City Clerk to execute the contract; 6) establish an amount of $63,967 (8 %) to cover the cost of unforeseen work; and 7) approve Amendment No. 1 to Professional Services Agreement with DMc Engineering for final design services for $18,400. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: Nichols Abstain: None Absent: None 16. PROFESSIONAL SERVICE AGREEMENT FOR COORDINATION Volume 57 - Page 117 INDEX C -3761 City of Newport Beach City Council Minutes March 8, 2005 SERVICES FOR THE 2006 CENTENNIAL CELEBRATION AND BUDGET AMENDMENT FOR 2006 CENTENNIAL CELEBRATION RELATED ACTIVITIES. Recreation & Senior Services Director Knight stated that the two main roles of the Centennial Steering Committee are to make recommendations to the City Council on events and activities to be included in the centennial celebrations and on the funds that should be allocated. She stated that it is the goal of the committee to plan events and activities that provide residents with opportunities for celebration, while allowing opportunities for businesses in the community to benefit, as well. The committee has identified three major events, starting with a kickoff event on October 1, 2005, that will be a family- oriented picnic at the Dunes, a spring carnival and community parade in May of 2006, and a final celebration on October 8, 2006. Recreation & Senior Services Director Knight stated that the coordination of the centennial is quite an undertaking. One of the first recommendations that the committee brings to the City Council is the approval of a professional services agreement with Dinwiddie Events to coordinate the overall centennial. The second recommendation is relative to the centennial's budget. She stated that the budget information is provided in the staff report and reflects anticipated budget expenses for the current fiscal year, as well as the next two. It is the intent of the committee to raise all of the funds needed to cover the costs of the events and activities planned. The committee is aware, however, that all expenses may not be funded, so they are recommending that the City Council commit these funds to cover any shortfalls. Mayor Bromberg noted that Janis Dinwiddie is present at the current meeting and also coordinates the Distinguished Lecture Series at the library. Council Member Heffernan noted from the staff report that donations and sponsorships of more than $500,000 are proposed. In response to his question, Recreation & Senior Services Director Knight stated that no money had been received to date. Mayor Bromberg stated that the reason for this is that the committee will not approach anyone until there is support from the City Council on the committee's recommendations. In response to Council Member Heffernan's question regarding the City's participation in the January 1, 2006, Rose Parade, Recreation & Senior Services Director Knight stated that the deadline to submit an application was October, 2004. She stated that this was done, and the City should know by the end of the current month if its participation has been accepted. The details regarding the design of the float, the cost of the float and potential sponsors are being worked on by the committee, and the estimated budget is $273,000. Council Member Heffernan asked if part of Dinwiddie Events' job would be to secure a sponsor. Recreation & Senior Services Director Knight responded in the negative and stated that the scope of services only requires Dinwiddie Events to assist in the Volume 57 - Page 118 INDEX 2006 Centennial Celebration (38/100 -2005) City of Newport Beach City Council Minutes March 8, 2005 INDEX fundraising efforts and to assist the volunteer committees. It is expected that individual donations, and one or two major sponsors will be sought. In response to Council Member Heffernan's questions, Recreation & Senior Services Director knight stated that a corporate name will not be on the float, but that there are other opportunities that can be offered to a major sponsor. Jim Hildreth agreed that the City should celebrate the community, but noted that the community used to be called Balboa. He hoped that the celebrations would include an appreciation for the history of the area. Mayor Pro Tem Webb stated that the City was incorporated as Newport Beach and that later, there was a vote to change the name to Balboa, but it failed. Mayor Bromberg additionally noted that when Newport Beach was incorporated in 1906, there were 206 residents. Dayna Pettit stated that the centennial is a great opportunity for Newport Beach to celebrate, and that the final celebration will take place on the Balboa Peninsula. She stated that Newport Beach is a world class city, there is a tremendous volunteer group for the centennial and it is important that the City Council support the committee's recommendations. Ms. Pettit stated that she's proud to be a part of the centennial efforts. Laura Curran asked if the activities would be scaled back if the projected $528,000 in donations aren't received. She also asked if the contract with Dinwiddie Events would be monitored. Ms. Curran stated that she accessed the centennial website earlier in the day and noted that the Sponsorship and events sections are still under construction. She suggested that the website be improved and that more information be provided. She stated that it will act as a marketing tool for soliciting donations and sponsorship, and be a more efficient way of getting information out to the community. Mayor Bromberg stated that the website is under construction because the committee doesn't want to provide information that hasn't yet been supported by the City Council. Council Member Ridgeway stated that in order for him to be fiscally responsible to the citizens of the community, he can't approve expenditures for future fiscal years. He stated that he has no problem with approving a budget amendment for the current fiscal year. Secondly, he expressed his opposition to a direct fundraising component not being included in the proposed agreement with Dinwiddie Events. Council Member Ridgeway stated that the money previously approved by the City Council combined with that in the proposed budget amendment for the current fiscal year should show enough good faith for the committee to move forward with its fundraising efforts. He stated that there isn't adequate specificity and detail in the staff report for him to support committing money from future budgets. Volume 57 - Page 119 City of Newport Beach City Council Minutes March 8, 2005 INDEX Mayor Bromberg asked it the Uity Uouncil can commit money from future budgets. City Manager Bludau stated that if the City Council approves the recommended action at the current meeting, he would include $350,000 in the 2005/06 budget for the centennial. Mayor Bromberg stated that certain representations need to be made to potential sponsors and those sponsors need to see that the City Council is behind the issue. Council Member Rosansky asked if there were any timing issues involved and if money needed to be committed before the end of the current fiscal year from the 2005106 fiscal year. Recreation & Senior Services Director Knight stated that there will be expenditures before the end of the current fiscal year for such things as deposits and down payments. City Manager Bludau added that representations will be made that the money will be available in the 2005/06 fiscal year. Motion by _Mayor Pro Tern Webb to 1) approve the Professional Services Agreement (PSA) with Dinwiddie Events in the amount of $125,000 to provide coordination services for the 2006 Centennial Celebration; and 2) approve a budget amendment (05BA -049) for funding Centennial related events and activities as follows: in FY 2004/05 increase expenditure account 0129 -8250 - City Centennial Account (8175,700) and in FY 2005/06 increase expenditure account 0129 -8250 - City Centennial Account ($350.000) and increase revenue account 0129- 5901 - Centennial Donations ($528.900). He stated that the amount being recommended for the 2005/06 budget would be reviewed again when that budget is adopted. Council Member Rosansky asked if the City would be irrevocably committed to the $350,000. City Manager Bludau stated that it would be, but only to the extent that representations are made or contracts are entered into. Council Member Ridgeway stated that if the money is budgeted, it will be spent. He disagreed with approving an expenditure for a future years budget and noted that there could be unforeseen circumstances that are unknown at this time. He suggested that the budget amendment for the current year be approved, that the website be updated and that fund raising efforts begin, and if the efforts are as successful as expected, the City Council will have an easier job of analyzing the expenditure for the 005/06 fiscal year during the budget process. In closing, he stated that it's a lot of money to commit to a party. Mayor Bromberg suggested that Council Member Ridgeway learn more about the issue and stated that the centennial is more than just a party. He stated that potential sponsors need to see a commitment from the City. He stressed that the committees are involved and dedicated, and it's a serious issue. Council Member Daigle asked if the budget amendment for the current fiscal year combined with what has already been allocated would be sufficient to cover the initial outlays that would be required prior to July 1, 2005. Recreation & Senior Services Director Knight responded in Volume 57 - Page 120 City of Newport Beach City Council Minutes March 8, 2005 INDEX the affirmative, but noted that there are some unknowns and the budget is only an estimate at this time. It is the steering committee's intent to raise the funds needed to offset the costs of the events themselves, but that there will be some expenses that will not be covered by fundraising efforts. Council Member Daigle suggested that a cash flow analysis be prepared. City Manager Bludau stated that it would be difficult to prepare one because the events have not been planned to that kind of detail yet. Recreation & Senior Services Director Knight agreed and added that a commitment from the City Council would assist the committees in providing those details. The situation was likened to "the chicken and the egg" dilemma. Council Member Rosansky stated that the concern seems to be for the City spending the money and not getting it back. He suggested that information be obtained regarding the recent Corona del Mar centennial and stated that it might provide a good example. Council Member Nichols complimented Bernie Svalstad on the Corona del Mar centennial. In response to Council Member Rosansky's question, Mr. Svalstad stated that approximately $300,000 was raised for the Corona del Mar centennial. City Manager Bludau added that the City contributed $70,000. Council Member Rosansky stated that significantly more would probably be raised for the Newport Beach centennial. Mr. Svalstad suggested that it would be important for the City to obtain sponsorship for the Rose Parade float, which is one fourth to one third of the budget. He suggested that the City use frugality when negotiating prices with the vendors and stated that many of the cost estimates in the proposed budget are too high. Mr. Svalstad also pointed out that the marketing person for the Corona del Mar centennial did the marketing necessary to raise the money. He couldn't tell who was going to do the marketing for the Newport Beach centennial. Mayor Bromberg stated that the marketing would be handled by volunteers. Council Member Rosansky confirmed with Mayor Bromberg that the contract for the float would be brought to the City Council for approval. He asked when this would happen. Mayor Bromberg stated that it would most likely be in April or May, and would happen after the committee has had the opportunity to find some potential sponsors. Council Member Heffernan stated that he has talked with the constituents in his district and that he can't, in good conscience, approve any more money for the centennial. He stated that there are other things to take care of first, it's not the right time to do it and he doesn't like the image that it presents. Mayor Bromberg stated that it sounds like a wedge is being driven between Newport Coast and the rest of the city. Council Member Heffernan stated that he is talking about District 7, not Newport Coast. Volume 57 - Page 121 City of Newport Beach City Council Minutes March 8, 2005 Council Member Ridgeway stated that the same is true of the constituents in his district, and that the issue is about fiscal responsibility. He stated that it would be fiscally irresponsible to commit funds beyond the current fiscal year. Mayor Bromberg encouraged Council Member Ridgeway to attend some of the committee meetings and get informed on the issue. Council Member Rosansky confirmed that the final vote on the 2005/06 budget would occur in June of 2005. If it is decided that things are not progressing as they should, the City Council can change the amount in the proposed budget. He stated that by supporting the committee's recommended action, it shows good faith and a commitment to the community. The motion failed by the following roll call vote: Ayes: Rosansky, Webb, Mayor Bromberg Noes: Heffernan. Ridgeway. Daigle, Nichols Abstain: None Absent: None Motion by Council Member Daide to 1) approve the Professional Services Agreement (PSA) with Dinwiddie Events in the amount of $125,000 to provide coordination services for the 2006 Centennial Celebration; and 2) approve a budget amendment (05BA -049) for funding Centennial related events and activities as follows: in FY 2004/05 increase expenditure account 0129 -8250 - City- Centennial Account ($175.700). The motion carried by the following roll call vote Ayes: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: Heffernan Abstain: None Absent: None 17. SEMENIUK SLOUGH PRELIMINARY ENGINEERING STUDY — AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS, INC. Public Works Director Badum stated that a preliminary engineering study of the Semeniuk Slough was conducted and included limited sediment testing, a study of the physical characteristics of the slough and exploration of potential interagency coordination that might be available to the City. It was found that the sedimentation in the slough is relatively clean, but is about 75% silt and clay and 25% sand so is not useful for beach replenishment. There appears to be approximately 20,000 cubic yards that need to be dredged from the slough to return it to a healthy depth and improve circulation. Based upon these results, staff is recommending that further work be done. He listed the three options that staff would like to explore, as outlined in the staff report. Volume 57 - Page 122 INDEX C -3636 Semeniuk Slough Preliminary Engineering Study (38/100 -2005) City of Newport Beach City Council Minutes March 8, 2005 INDEX Council Member Ridgeway asked what the purpose of the slough is. Public Works Director Badum stated that it is actually a remnant of the Santa Ana River, after the Bitter Point Dam was built and the river was realigned. Council Member Ridgeway asked if a long term plan for the slough had ever been looked at. Council Member Rosansky stated that the slough is degraded and the proposal before the City Council would put together a restoration project and look for funding. He stated that the slough is a part of the ecosystem in Newport Beach. Options for keeping the sediment out of the slough would also be looked at so that there doesn't have to be continuous dredging. In response to additional questions, Public Works Director Badum stated that the area is tidelands and subject to tidal action. Tidelands are owned by the State and the City is the trustee. He added that part of the slough is under County jurisdiction. In response to Council Member Nichols' question, Public Works Director Badum stated that the adjacent property is owned by Banning Ranch and that several ideas for the area have been under consideration. Council Member Nichols asked if a road was at one time planned for people to see the slough. Council Member Rosansky stated that there are several access points to the slough via street ends and a park. Mayor Pro Tern Webb stated that the slough is the boundary line between the residential development and the natural area, so it's partially being restored for the adjoining residents. Council Member Ridgeway requested that a map of the area be provided to the council members. In response to Council Member Nichols' question, City Manager Bludau stated that neither private or public property will be eliminated with the proposed action. Council Member Daigle expressed her support for providing the proposed funding to West Newport and the environmental restoration project under consideration. Council Member Rosansky added that the Newport Shores Homeowners Association, which represents over 400 residents, is in support of the recommended action. Motion by Council Member Rosansky to approve Amendment No. 1 to the Professional Services Agreement with Noble Consultants, Inc. of Irvine for professional services to develop a restoration project with the Corps of Engineers at a fee of $20,000 and authorize the Mayor and the City Clerk to execute the Agreement. The motion carried by the following roll call vote: Volume 57 - Page 123 City of Newport Beach City Council Minutes March 8, 2005 Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 518. APPOINTMENTS TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EgAC). Mayor Bromberg explained that there are three vacancies on EQAC. Council Member Nichols asked Council Member Heffernan if he would take care of making an appointment for the District 7 at -large member. Council Member Heffernan responded in the affirmative. Assistant City Manager Wood stated that from the applications, it appears that Jack Wu would be more appropriate for environmental expertise and Marianne Zippi for community associations. Motion by Council Member Rosansky to appoint Jack Wu as the environmental representative and Marianne Zippi as the community association representative to the Environmental Quality Affairs Committee (EQAC). The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: Drone Absent: None O. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF FEBRUARY 22, 2005. Jim Hildreth referred to page 98 of the regular meeting minutes and stated that many of his comments were left out. He asked that the minutes be corrected. Motion by Mayor Pro Tern Webb to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Foes: None Abstain: None Absent: None Volume 57 -Page 124 III (100 -2005) City of Newport Beach City Council Minutes March 8, 2005 4. ELEVATION DATUM REFERENCE (PA2005 -047). Jim Hildreth stated that the language needs to be changed in City documents other than just Title 20. Secondly, he stated that if it's more than a change in the wording, recertification might also need to be considered. Motion by Mayor Pro Tern Webb to adopt Resolution No. 2005 -13 initiating amendments to Title 20 of the NBMC to change the elevation datum reference from the National Geodetic Datum (NGVD) to North American Vertical Datum (NAVD). The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 5. RESOLUTION ADJUSTING THE COMPENSATION OF THE CITY CLERK. Jim Hildreth stated that the City Clerk has trouble writing things down or keeping records. He disagreed with the recommended action and stated that the money could be used elsewhere. Motion by Mayor Pro Tern Webb to adopt Resolution No. 2005 -14 adjusting the compensation of the City Clerk. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 7. NEWPORT COAST GROUNDWATER SEEPAGE STUDY — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH TODD ENGINEERS (C- 3758). Council Member Nichols requested additional background information on the item. City Manager Bludau noted that the issue would be addressed by the City Council at both the study session and regular meeting on March 22, 2005. Public Works Director Badum added that there is a water source that is not readily apparent and the study under consideration at the current meeting would investigate where the water may be coming from. Jim Hildreth stated that the monitoring should also include testing to make sure that the flow is healthy. He asked if the monitoring would be ongoing or if it would just be done once. He expressed his opposition to Volume 57 - Page 125 INDEX (100 -2005) C -3080 City Clerk Compensation (38/100 -2005) C -3758 Newport Coast Groundwater Seepage Study (38/100 -2005) City of Newport Beach City Council Minutes March 8, 2005 the monitoring it it were being done lust to prevent a nuisance. Cathy Evans, Harbor View Hills South, stated that during the month of December, 2004, the County sprayed herbicides 51 times for weed abatement in Buck Gully. She stated that abating the weeds is a large undertaking and was previously done by The Irvine Company. The County has decided to use herbicides because it is more cost effective. Ms. Evans provided additional background information on the sprayings. She stated that her concerns are for the herbicide runoff from the slopes into Buck Gully and Little Corona, the impact on the wildlife from the sprayings, the denuded hillsides and the erosion problems, the impact on humans and the lack of notification, the impact on the groundwater and the impact on the children who use the ocean. With input from several council members, Ms. Evans was advised to write a letter with her concerns and send it to Assistant City Manager Kiff, the Coastal/Bay Water Quality Committee, the Public Works Director, Supervisor Wilson and Council Member Nichols. Council Member Heffernan questioned why the City has taken over the weed abatement in Newport Coast, while the County is handling the Buck Gully area. He requested that information be provided on where the jurisdiction starts and stops. Motion by Mayor Pro Tern Webb to approve a Professional Services Agreement with Todd Engineers of Emeryville for performing a groundwater seepage study at a contract price of $89,842 and authorize the Mayor and City Clerk to execute the Agreement. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 11. PURCHASE OF REPLACEMENT MOTORCYCLES. Council Member Nichols requested background information on the matter. Lieutenant Desmond stated that ten police officers and one supervisor sergeant are assigned to motor duty. There are a total of 15 police motorcycles, which include three Kawasaki motorcycles that are used for training and twelve BMW motorcycles used for normal patrol. One motorcycle at a time is kept at the dealership for servicing, and the other eleven are on patrol. In response to Council Member Nichols' question, Lieutenant Desmond stated that the motorcycles are 1300 cubic centimeters. Motion by Mayor Pro Tern Webb to 1) authorize the purchase of two BMW motorcycles for an estimated cost of $40,000; and 2) approve a budget amendment (05BA -045) transferring $40,800 from unappropriated Internal Service Fund reserves to the General Services V01ume 57 - Page 126 INDEX (100 -2005) City of Newport Beach City Council Minutes March S, 2005 Department Account 6120 -9100 to fund the cost to purchase the two units and the associated setup costs. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 12. GRANT AWARD/BUDGET AMENDMENT — CALIFORNIA SOBRIETY CHECKPOINT PROGRAM FOR LOCAL LAW ENFORCEMENT AGENCIES — FISCAL YEARS 2004/2005 AND 2005/2006. Council Member Nichols stated that the legal limit for the blood alcohol level is too low and that sobriety checkpoints harass the citizenry-. Motion by Council Member Nichols to not accept the grant and not participate in the DUI program. The motion failed for lack of a second. Council Member Daigle requested additional information on the DUI program. Lieutenant Desmond stated that the program is a public awareness campaign to educate people that drunk driving is a problem and that the police are on the streets. He stated that the sobriety checkpoints are advertised in advance, traffic is randomly stopped at a preset number, and information is provided to the drivers about DUI's. If the officer observes symptoms of alcohol use, a field sobriety exam is conducted. In response to Council Member Rosansky's question, City Manager Bludau stated that usually less than five people are arrested during an evening's checkpoint. In response to Council Member Nichols' question, Lieutenant Desmond stated that the grant under consideration at the current meeting is for three separate checkpoints on three nights, and is part of a statewide campaign. Jim Hildreth asked how the notification of the checkpoints is done. He stated that what the money is being used for should be provided and that there should be guidelines to the budget. Motion by Mayor Pro Tern Webb to accept the grant and approve a budget amendment (05BA -046) for the Police Department budget in the amount of $7,133 in Fiscal Year 2004/2005 and in the amount of $14,266 in Fiscal Year 2005/2006 to fund DUI sobriety checkpoints as a part of a nationwide campaign taking place during Calendar Year 2005. Volume 57 -Page 127 INDEX (100 -2005) City of Newport Beach City Council Minutes March S, 2005 The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: None Abstain: Nichols Absent: None P. MOTION FOR RECONSIDERATION —None Q. ADJOURNMENT — at 10:10 p.m. in memory of Lorenzo C. "Plazi" Miller The agenda for the Regular Meeting was posted on March 2, 2005, at 2:30 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 March 4, 2005, at 1:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 57 - Page 129 INDEX