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HomeMy WebLinkAbout01 - Minutes 11-22-99December 13, 1999 Agenda Item # 1 CITY OF NEWPORT BEACH City Council Minutes Study Session DRAFT November 22, 1999 - 4:00 p.m. INDEX ROLL CALL Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. The City Council had no items for clarification. 2. CITY RECREATION FACILITY REPORT ON NEEDED REPAIRS. Community Services Director Kienitz stated that the goal of the study was to provide information for future planning, so that the buildings could be looked at in a comprehensive way to determine the speck needs of each. She stated that a second goal of the presentation would be to provide information to the City Council about the use of the facilities and their limitations. Community Services Director Kienitz stated that the study looked at the twelve facilities that the Community Services Department is responsible for, but did not include the City's libraries. She stated that ten of the twelve facilities are available to the public for rental. Following the staff report and utilizing overhead illustrations of the facilities, Community Services Director Kienitz began by describing the Balboa Community Center, often referred to as the Nautical Museum, although that use has not been at the location for four years. She described the interior of the building and stated that the Balboa Power Squadron permanently rents two rooms of the building. She outlined the limitations of the facility and stated that the costs to make repairs could be postponed until the use of the properties in the area has been determined. The second facility that was studied was the Bonita Creek Park Community Center, built in 1988. Community Services Director Kienitz described the facility and its current uses. She stated that the limitation on the use of the facility is the limited parking when the ballfields are in use. She stated that the Building Department identified the deficiencies of the facility, as listed in the staff report and totaled $3,500 to make the necessary corrections. City Manager Bludau added that the $3,500 is needed for the critical structural and safety repairs, with $71,300 being the total estimate for all repairs to the facility. He stated that the staff recommendation is to make all repairs on the twelve facilities over a three -year period, with the critical . structural and safety repairs to take place as soon as possible. Council Member Debay asked about a depreciation fund or a fund where a certain amount of the facility fees are set aside for repairs. City Manager Volume 63 - Page 79 Recreation Facility Repairs (62) City of Newport Beach Study Session Minutes November 22, 1999 INDEX Bludau stated that no such fund currently exists, and that repairs are budgeted on a year to year basis, as needed. He added that the City Council was wise in asking for a comprehensive review of the facilities. He said the annual budgeting of repairs has not worked in maintaining the facilities at a high standard. Community Services Director Kienitz referred to Page 3 of the staff report, which outlines the recommended timing for the budgeting of the needed upgrades. She stated that the critical repairs, as identified by the Building and Fire & Marine Departments in their inspections, have all been placed in a separate column under the current fiscal year. She stated that the other upgrades are needed to bring the facilities up to a higher standard. Council Member Adams asked about the upgrades recommended for the Balboa Community Center. Community Services Director Kienitz stated that the list of repair items is contained on pages 5 and 6 of the staff report. She also referenced the Community Services Facilities map at the back of the staff report. Community Services Director Kienitz then moved on to the Carroll Beek Community Center, on page 13 of the staff report, and described the interior, the current use of the facility and the limitations of its use. She stated that the repairs identified by the Building and Fire & Marine Departments totals $1,700, and that it is recommended that an additional $19,000 be spent to bring the facility up to grade to enhance the programs and rental activity. Community Services Director Kienitz stated that the next facility that was studied was the Cliff Drive Community Center, also referred to as the Boy Scout House. She outlined the interior of the building, the current use and the limitations of its use, as listed in the staff report. She stated that the cost to correct the deficiencies, as identified by the Building Department, total $2,100 and that the total cost to improve the facility would be $18,100. Council Member Debay asked about the high incidence of vandalism at the Cliff Drive Community Center, as mentioned in the report. Senior Recreation Manager McGuire reported that the facility has sustained several broken windows as well as graffiti. Community Services Director Kienitz moved forward through the staff report to page 21, which covered the Community Youth Center (CYC). She covered the characteristics of the facility, and stated that the facility is used for many youth programs. She described the use of the facility and the limitations, as listed in the staff report. The cost identified by the Building Department for repairs was $3,100 and the costs to improve the facility totaled $32,750. Community Services Director Kienitz stated that the Eastbluff Boys & Girls Club is different from the other facilities in that the facility is rented on a long -term lease. She stated that they also have the responsibility for the structural elements of the building. Community Services Director Kienitz stated that the other repairs and maintenance of the facility are the responsibility of the City and that staff is recommending that the carpet be replaced in the next fiscal year. Volume 53 - Page 80 • i 0 City of Newport Beach Study Session Minutes November 22, 1999 11011 The Lawn Bowling Center, page 33 of the staff report, is another City facility that is leased. Community Services Director Kienitz stated that the City is responsible for maintaining the exterior of the building. She stated that no costs have been identified for this facility. The Lincoln Athletic Center is also a leased building, but it is the City that leases it from the Newport -Mesa Unwed School District. Community Services Director Kienitz stated that the current lease is for a period of twenty years, with renegotiations to occur at the end of ten years. She stated that at the end of the fifth year, in 2002, the rent will be doubled. She stated that there are some joint repairs needed on the facility, with the City's share for critical repairs estimated at $3,100 and a total recommended repair cost of $21,100. Community Services Director Kienitz stated that the Friends of the Newport Theatre Arts Center have made many improvements to this facility, but that staff has identified some structural repairs that still need to be done. She stated that some of the deficiencies identified by the Building Department are already a part of the Community Services current fiscal year budget. She stated that the total cost estimated for repairs at the facility is $47,200. Community Services Director Kienitz stated that the Oasis Senior Center is another facility, like most of them, that came to the City after a previous use. Is She stated that this facility was previously a school. She stated that the facility is comprised of five buildings, with remodeling done in 1992 to parts of the facility. Council Member Glover stated that recently, John Moorlach, Orange County Treasurer, was raising money for the Costa Mesa Senior Center with mailings done to Newport Beach residents. Council Member Glover suggested that an apology to Mr. Moorlach for the statements made by some of the users of the Oasis Senior Center should be sent. Community Services Director Kienitz stated that some of the statements weren't complaining about Mr. Moorlach soliciting donations from Newport Beach residents, but because he implied that the services provided in Costa Mesa were not available in Newport Beach. Council Member Glover said that either way, an apology should be sent. Community Services Director Kienitz stated that the Oasis Senior Center is in need of several repairs and that some of the Community Services Capital Improvement Program (CIP) budget for the current fiscal year is going towards some of these repairs. She added that an additional $102,000 of work is recommended. Referring to the 1,362 activities that take place at the Oasis Senior Center each month, Council Member Debay asked if grant money could be used towards running the facility. Community Services Director Kienitz stated that the Oasis Senior Center has taken advantage of grants in the past and is currently utilizing one through Hoag Hospital Community Services. She stated that Hoag supplies a van, a driver and telecommunications to a dispatch center. Council Member Debay requested that new attempts be made to apply for grants. Volume 53 - Page 81 City of Newport Beach Study Session Minutes November 22, 1999 INDEX Community Services Director Kienitz stated that another facility that was studied was the Vincent Jorgensen Community Center, which is attached to the Mariners Library. She described the facility and stated that many improvements have already been made, and that it now represents a standard for all of the facilities. She added that $1,000 in critical repairs were identified by the Fire & Marine Department. Community Services Director Kienitz stated that the last facility in the report that was studied was the West Newport Community Center, another facility that was previously a school and acquired by the City. She described the facility, the level of activity and the limitations on use, as outlined in the staff report. She stated that the facility is highly used, and had no critical repairs identified. In conclusion, Community Services Director Kienitz displayed the map and summary chart, discussed earlier in the presentation. Council Member Ridgeway asked how the buildings were able to get into such a state of disrepair on the safety side of things, as well as just the general deterioration that has taken place. Community Services Director Kienitz responded by stating that the money has been limited since the early 1990'x, and that comprehensive studies of this nature as well as building inspections have not been done. She added that the users of the facilities have not complained. She stated that the Community Services staff and the Parks, Beaches & Recreation Commission do conduct inspections, but not to the level that the Building Department did. Senior Recreation Manager McGuire added that many of the things that the Building Department found were things that Community Services Department staff members would not know to look for. Council Member Ridgeway stated that many of the photos showed things that were fairly obvious. Senior Recreation Manager McGuire stated that the department rarely receives complaints, and other departments in the City are also on site and do not know to look for these types of things either. Community Services Director Kienitz agreed that everyone needs to be more vigilant on the issue. Council Member Ridgeway stated that such disrepair and safety concerns would not be allowed at other businesses in the City. Council Member Debay suggested that the City Council direct staff to prepare a budget amendment in the amount of $39,200 to undertake the critical structural and safety repairs in this fiscal year. Mayor O'Neil was unclear if the City Council could provide such direction to staff on a Study Session item. City Manager Bludau stated that if the City Council wanted to provide staff with direction to prepare the budget amendment, that it would come back to the City Council at a regular meeting for approval. Council Member Debay further suggested that staff be directed to schedule annual inspections of the City facilities. City Manager Bludau stated that this could be accomplished by inspecting one of the twelve facilities each Volume 53 - Page 82 1] s City of Newport Beach Study Session Minutes November 22, 1999 month. INDEX Lastly, Council Member Debay suggested that a separate fund be created for facility repairs with the money generated from a fee added to recreational classes, such as $1 per class. She stated that this new fee could even be labeled as such, and separated from the regular class fee. She added that this way the users of the facilities are helping with the upkeep. Mayor O'Neil felt that there was concurrence that the budget amendment should be prepared, and that the other recommended repairs should be looked at and incorporated into the next three fiscal years. Council Member Adams asked what has been budgeted for the maintenance of the facilities in the past. Community Services Director Kienitz stated that the funds in recent years have been limited and there were no comprehensive studies to back up the request for these types of repairs. She added that Community Services was not the only department that didn't get all of the funds it requested. Council Member Adams asked if there were other safety and necessary items that staff assumed the City Council would not approve and were, therefore, not included in the budget process. City Manager Bludau stated that he was not aware of other similar issues. Council Member Glover stated that during the past four budget years, many departments have been denied requests for additional funds for upgrades. She stated that the City just hasn't had the money to do everything, and priorities have been set. Council Member Adams stated that if the buildings can't be maintained, the City shouldn't have them. Council Member Ridgeway asked who was responsible for the maintenance of the facilities and Community Services Director Kienitz stated that Community Services takes the responsibility. She stated that General Services Department staff is on site for cleaning, but her staff is at the facilities also and should take the responsibility. Mayor O'Neil stated that it is good that the issue is now being addressed and he suggested that the next budget review include a look at all of the public buildings. He stated that money needs to be budgeted to bring the City facilities up to code, or that they should possibly be shut down. Council Member Ridgeway stated that he could not support closing the facilities, adding that recreational services are a critical component of the City. He said the problem needs to be addressed and he supports Council Member Debay's suggestions. Council Member Debay complimented the Community Services Department for the comprehensive report. City Manager Bludau stated his understanding that the City Council would like to hear of the tradeoffs that were made during the budget process and Volume 58 - Page 83 City of Newport Beach Study Session Minutes November 22, 1999 3. what the City Manager denied in order to balance the budget, so that the City Council can make those decisions for themselves. Mayor O'Neil stated that the Newport -Mesa Unified School District has the same issues. He said that the ongoing repairs of public facilities cannot be ignored. Mayor O'Neil directed staff to come back to the City Council at its next meeting with the recommended budget amendment. Council Member Ridgeway thanked Community Services Director Kienitz for taking responsibility for the facilities. Community Services Director Menitz acknowledged the recreational services staff for their work in compiling the information in the report. She also suggested that the City Council take the time to see the Vincent Jorgensen Community Center when the final improvements are completed. JOINT MEETING WITH CULTURAL ARTS CENTER COMMITTEE. City Manager Bludau stated that the City Council decided at its retreat in September to meet with each of the boards and commissions on a regular basis. He added that it was suggested that the first meeting take place with the Cultural Arts Center Committee to discuss their plans for a new project currently under consideration. Mayor O'Neil stated that the Cultural Arts Center Committee was not appointed by the City Council, but he understands that they have been meeting and have a program that should be introduced. Jim Wood, Chair of the Library Trustees and member of the Ad Hoc Committee for an Arts and Education Center, stated that the committee has worked for more than a year on a proposal for an Arts and Education Center. Council Member Glover stated that the Ad Hoc Committee is a committee of the Library Board of Trustees and not of the City Council. She stated that at the retreat, the City Council requested information on what was being done with regards to the new center. Mr. Wood stated that the Ad Hoc Committee was formed when a senior center was being discussed for the land behind the Central Library and the Library Trustees were concerned about the loss of possible additional parking for the library. He stated that, at the same time, the Arts Commission was also looking at possibilities for the land. He stated that the two joined forces and an Ad Hoc Committee, comprised of Library Trustees, Arts Commissioners and Arts Foundation Board of Directors members, was formed. Mr. Wood provided a handout and stated that the Ad Hoc Committee appreciates the opportunity to discuss the concept of an Arts and Education Center. He stated that the center could become a gathering place that will be essential to the vitality of the City. He said the City has wonderful homes and nice places to conduct commerce, but the center would provide a third Volume 53 - Page 84 INDEX Cultural Arts Center Committee Joint Meeting (62) 0 E City of Newport Beach Study Session Minutes November 22, 1999 place for the community to gather. Mr. Wood stated that the concept is not new. He said the idea was discussed in the 1970's and 1980's, but that a shopping center went into the corner of MacArthur Boulevard and Coast Highway instead and the idea of a senior residential complex was proposed for the land behind the Central Library. Mr. Wood stated that the concept of senior housing has not been under discussion recently and that the activity at the Central Library has increased, making it an ideal time to discuss the Newport Beach Arts and Education Center ( NBAEC). He said the intent of the NBAEC would not be to compete with the Performing Arts Center, the Irvine Barclay Theatre or the Orange County Museum of Art. He said the NBAEC would meet local needs, such as the small activities in Newport Beach that currently do not have a venue. He said it could also provide a place for civic gatherings. Mr. Wood stated that the City currently does not have an auditorium except at the high school and the Ad Hoc Committee's proposal is for a 400 -seat sloping auditorium, a reception hall, a small art gallery and three studio classrooms. He said the current room at the Friends of the Library seats only 200 people, is not sloped and is booked nearly year- round. Roberta Jorgensen, Arts Commissioner, Ad Hoc Committee member and architect with Robinson, Jorgensen and Christensen, referred to the illustration in the handout and pointed out that it is only in concept form at this point. She said the Ad Hoc Committee wanted to determine what functions were needed and how much space each would require. She stated that the two important elements to the project are the building itself and a two -level parking structure, which would be set partially into the hill so that no views would be affected. Ms. Jorgensen stated that the building would be approximately 22,000 square feet. She said the auditorium would not have some of the things that a theater would have, but would provide good audio - visual and multi -media capabilities. She said the foyer would also serve as a hall, and could provide the opportunity for receptions or meals. Ms. Jorgensen then pointed to the proposed public gallery in the illustration. She stated that displaying artwork is an important activity for the citizens and that there are currently not adequate areas to do so. She stated that the proposal also includes three studio classrooms, each with an approximate area of 1,200 square feet. She said the administrative offices would be minimal, and that the entire proposal is meant not to be elaborate. Ms. Jorgensen stated that the parking structure would be designed to blend into the hillside, with the top level to be landscaped. She said that it should be able to accommodate 460 spaces and would also serve the Central Library. Ms. Jorgensen stated that the conceptual cost estimate for both structures is $12 million. She stated that the construction costs would be raised through a capital campaign, with the Newport Beach Arts Foundation acting as the vehicle for the campaign since they are a non -profit organization. Ms. Jorgensen stated that the City would own the land and the structures, Volume 53 - Page 85 INDEX City of Newport Beach Study Session Minutes November 22, 1999 INDEX and it is recommended that City employees staff the facility. She also referred to the handout, which contains a proposed outline for local governance of the facility. She said the Ad Hoc Committee used the Library Board by -laws as a model and is recommending a seven - member governing board. Responding to Council Member Debay's question, Ms. Jorgensen stated that the total acreage of the entire site is approximately 12 acres and the proposed project would encompass about 3.5 acres of that. Council Member Debay also asked if the Ad Hoc Committee members had gone out into the surrounding community and looked at similar sites. Ms. Jorgensen stated that City staff has found parts of the desired facility at other sites, but nothing that can fully serve as a model. She stated that most facilities are grander than the one the Ad Hoc Committee is proposing or the components are spread out among different sites. Council Member Glover stated that the Newport Theatre Arts Center has been successful by operating with a volunteer staff, separate from the City. She stated that she sees the proposed project being operated the same way, with a group of citizens who want this to happen and are not connected with the City or its governing body. She added that the Balboa Theatre is also doing well and operating separate from the City. She stated that although the City supports these facilities, their governing boards operate separately. She said that there will be controversial decisions that will need to be made in the future and the type of independence that a separate governing board can provide will be needed. Council Member Glover stated that she, personally, would rather see the site remain as open space but that she has not had support for this alternative. She stated her support for using the land for an Arts and Education Center, and suggested that more than three classrooms be included to meet the heavy demand for art classes among the children in the community. Council Member Glover stated that she would also support the City providing the maintenance for the facility, since money for this use is more difficult to raise. And, if a separate board were set up for the center, she would support the City providing some seed money to provide for a feasibility study. In conclusion, she stated that she believes that the facility needs to be governed by an independent group of people who are dedicated to the arts. Mr. Wood stated that the Ad Hoc Committee decided on the recommended governance because the project is on City property and adjacent to the Central Library. He stated that they looked into it and found out that a current Arts Commissioner or Library Trustee could legally serve on the NBAEC governing board also. Council Member Glover stated that it would be in the best interest of the community and the project to separate the two. She also feels that money will be easier to raise. Mr. Wood stated that the Ad Hoc Committee really felt that the City would want to have some impact on the governing board. He suggested that possibly the feasibility study could include research on how the governing of the Center would affect fundraising efforts. Council Member Ridgeway asked the City Attorney about the legality of an Volume 53 - Page 86 11 �J • City of Newport Beach Study Session Minutes November 22, 1999 f 001) individual serving on a board or commission while also serving on a governing board, such as the one being recommended. City Attorney Burnham stated that there was a Council Policy at one point that tried to separate the fundraising activities of the Arts Commission and the Friends of the Art. He added that there is nothing in the Charter about the issue, and recalls that the concern was that the fundraising activities could compromise the City's position in certain situations. City Attorney Burnham stated that he has not yet confirmed his opinion with Mr. Wood on the matter, as possibly suggested earlier in the current meeting. Council Member Adams expressed his concern for the parking structure also serving as additional parking for the Central Library and how viable it would be due to the walking distance between the two. Mr. Wood stated that these are only conceptual plans. Council Member Adams suggested that this needs to be taken into consideration and included as a major component of the design. Mr. Wood stated that this would be another reason for including Library Trustees on the NBAEC governing board, so that the two don't compete for parking. In conclusion, Mr. Wood stated that the budget is included in the handout. He stated that the NBAEC is expected to bring in approximately $112,000 in revenue per year and incur annual expenditures of approximately $212,000. Mr. Wood asked that the City Council approve the NBAEC in conceptual • form at their meeting of December 13, 1999, and authorize the appointment of a governing board. He stated that the board would then form a capital campaign committee, embark on a public outreach program to determine the response to such a facility at that site, conduct a feasibility study, continue to develop the architectural plans, refine the costs and work to obtain a preliminary traffic report. He stated that in March of 2000, the board would come back to the City Council for a more definitive approval of the project. Council Member Glover confirmed with Mr. Wood that he feels that the needed $12 million could be raised. He said the work that is done between now and next March will help determine if the money can be raised and what the interest in the facility is. Council Member Glover stated that she feels the money will be hard to raise. Mr. Wood still feels that it can be done. H. Ross Miller, Advocacy Chairman and Senior Housing Chairman, Friends of the Oasis, stated that the senior community is requesting that the City Council direct staff to do a comprehensive study of all compatible uses at the site. He stated that there is enough room to accommodate an arts center, a senior housing complex and a park. He stated that The Irvine Company supports this concept. He mentioned the Greenlight Initiative and the impact it might have on a new arts center and a new senior housing complex. Mr. Miller stated his disagreement with Council Member Glover's earlier comment about John Moorlach and the use of a taxpayers list for requesting money. Further, Mr. Miller commented on the earlier presentation about the maintenance needs at the Oasis Senior Center. Elizabeth Stahr, 4639 Roxbury Road, stated that in 1959, the City Council told the Library Board of Trustees that the City would support a new library if it were demonstrated that there was public support through private Volume 53 - Page 87 City of Newport Beach Study Session Minutes November 22, 1999 INDEX donations. She stated that due to this, the Newport Beach Public Library Foundation was founded and $2 million was raised over a five -year period. She stated that the City Charter clearly states that the Library Board of Trustees is not allowed to raise money. She stated that the Library Board is interested in the library and its resources, not an Arts & Education Center. She stated, however, that due to the fundraising efforts for the Distinguished Lecture Series and an Arts & Education Center, citizens are confused by where their money is going. She said that any fundraising efforts for an Arts & Education Center should be separate from the Library Board and the money raised for the public library system by the Foundation. She stated that the Library Board has made the mistake of allowing Jim Wood and his group to use the library as a vehicle to raise money. Ms. Stahr stated that the Foundation was supposed to have an office at the Central Library, but that the Community Services Director has designated the Arts Coordinator to this office. She concluded by stating that if the Arts Commission is going to help raise money for the Arts & Education Center, it should not be done from the library. Adele Mann, 1219 W. Bay, stated that she is concerned about the proposed Arts & Education Center due to its location on current open space and the ongoing operating costs of such a facility. She stated that an Arts & Education Center does not make fiscal sense when the City has stated that it will have a shortage of revenue within five years and already has a decaying infrastructure. Ms. Mann stated that the operating costs are expected to be $500,000 annually and that this should be taken into consideration. Lawrence Spitz, 1106 Somerset Lane, stated that he used to be President of the Library Bookstore. He agreed with Ms. Stahr and Ms. Mann that the Foundation's objective to raise money for the library should not be impacted by any other program or plan. He stated that the Arts & Education Center should be approved on its own merit and not as any part of the library. Pat Beek, Parks, Beaches & Recreation Commission Chairman, stated her confusion for what direction the Council would give the Cultural Arts Center Committee when it is an ad hoc committee that has not been appointed by the City Council. She stated that the Parks, Beaches & Recreation Commission has requested that the site remain as open space. She also disagreed that the City should give any funds for a feasibility study. She did, however, agree that additional parking is needed for the Central Library. Patrick Bartolic, Library Trustee, stated that the proposed facility is an opportunity for a public auditorium to be constructed with private donations and given to the City. He stated that the proposal allows the City the ability to use the facility. He said it also leaves much of the site as open space, while also accommodating the need for a cultural center in the community. He said that, at this point, the only request is for the Ad Hoc Committee to be directed to determine what the interest is in the facility. He said they are only asking for the opportunity to move forward with the idea. Valerie Carson, former member of the Newport Beach Arts Foundation, stated that the Arts Foundation was formed to raise money for the interests of the Arts Commission. She stated that there is currently not enough Volume 53 - Page 88 • 0 City of Newport Beach Study Session Minutes November 22, 1999 gallery space in Newport Beach, or anything like the proposed facility. She added that the Library Board of Trustees started working with the Committee because it had similar needs for additional space. She thinks the facility can be funded and can be done. Don Gregory, Arts Commissioner, stated that the people of Newport Beach not only have the need, they also have the right for an Arts & Education Center. He stated that the efforts that have taken place to date have been out of passion and not expediency. Mr. Gregory stated that Jim Wood and the Ad Hoc Committee have the complete confidence of the Arts Commission. He said that there are many different ideas for what should happen to the site and there are many good ideas. He said those that would support the Arts & Education Center first need to know that the City supports the concept. He said that construction would not begin until the money has been raised. Mr. Gregory concluded by stating that the City of Newport Beach needs this cultural addition and requested that the City Council allow the Ad Hoc Committee to move forward. Jan Vandersloot, Stop Polluting Our Newport (SPON), stated that the City has already entered into two agreements which provide for the site to remain as open space. He said these include the 1991 Library Exchange Agreement and the 1992 Circulation Improvement and Open Space Agreement (CIOSA). He requested that the City Council and The Irvine Company keep these agreements. He suggested that there might be other sites for an Arts & Education Center, if it is needed. He also said the environmental impacts, public views and long-term financial obligations need to be taken into consideration. He said that SPON does endorse part of the site being used for parking to accommodate the library and a park. Ron Hendrickson said that it was disappointing that this item was before the City Council at a Study Session, and not being televised. He stated that it is questionable if a private foundation should be raising money for a public facility. He also wondered what the needs of the library were and if the facility shouldn't be associated with the library, suggesting that the Friends of the Library Room could be expanded. He said the need is really for an area to hold larger meetings. Mr. Hendrickson stated his support for the site remaining as open space. Jacquelyn Jillman, Library Foundation Board member, stated that she does not support a brand new facility being built, but that she does support expanding the existing Friends of the Library Room. She stated that the existing audio - visual and air conditioning systems need to be overhauled, and suggested that when that work is done, the room could also be expanded to 400 seats with a sloping floor. She stated that she does support the expanded parking area on the site, with the rest remaining as open space. She stated that an outdoor theatre might also be appropriate. Ms. Jillman stated, that on behalf of the Foundation, she does not understand why the proposed facility went through the Arts Commission and not through the library and the Library Foundation. She concluded by stating that it also doesn't seem right that the Chairman of Cultural Arts Center Committee is also the Chairman of the Library Board of Trustees as well as Chairman of the Distinguished Lecture Series Committee. Volume 58 - Page 89 INDEX City of Newport Beach Study Session Minutes November 22, 1999 INDEX Lucille Kuehn, 1831 Seadrift Drive, stated her support for the library and read from the City Charter regarding the powers and duties of the Library Board of Trustees, which are for the administration of City libraries only. She stated her support for the cultural arts and her support for the public library system, and urged the City Council to have a vision. She said the needs of the public library system in future years needs to be considered. Ms. Kuehn suggested that the site behind the Central Library be left as open space for the time being, with the opportunity for part of it possibly being designated to the library in the future. She added that the proponents of the proposed facility should also consider the expense of an organ, which will be needed by some that may perform there. Mr. Wood said that it was his intent that the Cultural Arts Center Committee would begin the process and that someone else would go forward with the actual plans. He said that little time has been spent with the Library Board of Trustees, but that reports have been presented at their meetings. He said the fundraising would be done by a 5013C organization. He concluded by stating that he was intending to unify the City and bring about a vision. He asked that the City Council approve the concept of an Arts & Education Center at the site and appoint a Newport Beach Arts & Education Board of Governors. He said they would then form a capital campaign committee, embark on a public outreach program, continue to develop the architectural program and construction costs, and work to obtain feasibility and traffic studies. City Manager Bludau stated that the item was agendized as a joint meeting with no recommended action. Council Member Debay requested that City Attorney Burnham provide the City Council with information regarding the two open space agreements, mentioned earlier in the meeting. She clarified with a member of the audience that the Library Foundation does not have a time limit on when they can raise the money. Council Member Debay said she supported the concept, and envisioned joint uses of the site. She requested that it be placed on the December 13, 1999, agenda. Mayor O'Neil stated that Council Member Debay's request would have to be made at a regular meeting of the City Council, and could be done so later this same day. Council Member Noyes clarified with a member of the audience that the parking structure is included in the total square footage of the proposed project. Council Member Ridgeway requested that more information be provided about the Library Foundation, the Arts Foundation and the Library Board of Trustees, and the authority of each. PUBLIC COMMENTS Public Works Director Webb introduced Lois Thompson, the new Administrative Coordinator for his department and the one who will be most involved with the assembly of the capital improvements budget. Volume 53 - Page 90 C.� • City of Newport Beach Study Session Minutes November 22, 1999 Public Works Director Webb also introduced Dylan Wooters, a Newport High School student in the d'Vinci program. CLOSED SESSION City Attorney Burnham asked that the City Council place an item on the Closed Session agenda. He stated that it is an emergency situation and will initiate litigation. Motion by Council Member Debay to add the item to the evening's Closed Session agenda. The motion carried by the following roll call vote: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Abstain: None Absent: None ADJOURNMENT — 6:05 p.m. • The agenda for the Study Session was posted on November 17, 1999, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk 0 Recording Secretary Mayor Volume 53 - Page 91 INDEX CITY OF NEWPORT BEACH City Council Minutes Regular Meeting DRAFT November 22, 1999 - 7:00 p.m. INDEX — 4:00 p.m [Refer to separate CLOSED SESSION — 6:00 p.m CLOSED SESSION REPORT PRESENTED — None. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: None Pledge of Allegiance - Council Member Debay. Invocation by Dr. James T. (Jim) Bradford, Newport -Mesa Christian Center. ELECTION OF MAYOR After explaining the process to be used for the election of the Mayor and Mayor Pro Tem, City Clerk Harkless placed all members of the Council on an equal basis to nominate and elect, and asked for nominations for the Office of Mayor. Motion by Council Member Adams to nominate Council Member Noyes as Mayor. Hearing no further nominations, the nominations were closed The motion carried by the following roll call vote: Ayes: Adams, Glover, Thomson, O'Neil, Debay, Ridgeway, Noyes Noes: None Abstain: None Absent: None City Clerk Harkless announced that Council Member Noyes was elected Mayor. Mayor Noyes took his proper place at the Council table. ELECTION OF MAYOR PRO TEMPORE 0 Mayor Noyes called for oral nominations for the election of Mayor Pro Tempore. Volume 58 - Page 92 City of Newport Beach City Council Minutes November 22, 1999 INDEX • Motion by Council Member Debay to Council Member Adams nominate as Mayor Pro Tempore. Hearing no further nominations, the nominations were closed. The motion carried by the following roll call vote: Ayes: Adams, Glover, Thomson, O'Neil, Debay, Ridgeway, Mayor Noyes Noes: None Abstain: None Absent: None City Clerk Harkless announced that Council Member Adams was elected as Mayor Pro Tem. Mayor Pro Tem Adams took his proper place at the Council table. With senior members having first preference, the Council decided on the seating arrangement. Former Mayor O'Neil stated that he appreciated the opportunity that Council gave him to serve as Mayor and that he enjoyed the privilege of serving the City in this capacity. He thanked the City Manager, City Attorney, City Clerk, and staff for all their help and thanked his wife, Thais, for graciously attending many of the functions with him and for being by his side. He expressed appreciation that the year was relatively easy, indicating that the last year was spent unifying Council as a body and recruiting the City Manager. He also thanked the community for their support and acknowledged the wonderfulness of the City. . Mayor Noyes presented former Mayor O'Neil with a gavel plaque. Mayor Noyes thanked his colleagues for allowing him to assume the responsibility. He stated that he is, as are the other Council members, a volunteer and that the Mayor's job is a higher level of service. He expressed the opinion that the City has a strong, thoughtful, and balanced Council that deliberates to make the appropriate choices. 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 Ridgeway requested that Public Works Director Webb comment on a letter he received from Assemblyman Scott Baugh regarding ACA 24 (20/20 Vision Plan) that discusses non - taxable dollars being used for infrastructure. Public Works Director Webb indicated that he has not seen the letter. Council Member Ridgeway gave him the letter for review and comment at the next Council meeting. • Council Member Debay stated that a group has been meeting regarding building a Newport Beach Arts and Education Center on the 3.5 acres that is north of the Central Library. She requested that this be placed on the December 13 regular agenda and indicated that staff was given direction at the study session to bring back a report that discusses the information that was brought forward by the group. She stated that Council has not taken a position on this. Volume 63 - Page 93 City of Newport Beach City Council Minutes November 22, 1999 INDEX • • Council Member Glover requested that a cost analysis to disassemble the Council conference room and the Mayor secretary area be placed on a future study session agenda. She expressed the opinion that the conference room and the glass around the Mayor secretary's area takes away from the friendly environment. Discussion ensued as to whether this was voted upon by Council and if a majority vote is needed in order to remove the conference room. City Manager Bludau indicated that he would look into this. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF NOVEMBER 8, 1999. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTIONS FOR ADOPTION 3. TERMINATION OF NON - EXCLUSIVE COMMERCIAL SOLID WASTE Res 99 -76 FRANCHISE AGREEMENTS WITH ZAKAROFF SERVICES, Non - Exclusive ORANGE DISPOSAL AND ALLIANCE WASTE & RECYCLING. Adopt Commercial Resolution No. 99 -76 terminating the solid waste franchise agreements Solid Waste between the City of Newport Beach and Zakaroff Services, Orange Disposal Franchise and Alliance Waste & Recycling; and approve agreements to terminate the (42) franchise agreements between the City of Newport Beach and Zakaroff Services, Orange Disposal and Alliance Waste & Recycling. 4. ENVIRONMENTAL ENHANCEMENT AND MITIGATION (EEM) Res 99 -77 PROGRAM GRANT APPLICATION FOR THE MACARTHUR MacArthur Blvd. BOULEVARD STREETSCAPE (BONITA CANYON SPORTS Streetscape/ PARKIFREEWAY RESERVATION SITE). Adopt Resolution No. 99 -77 Bonita Canyon approving the submittal of an Environmental Enhancement and Mitigation Sports Park/ (EEM) Program Grant Application to the Resources Agency of California for Freeway the MacArthur Boulevard Streetscape (a portion of Bonita Canyon Sports Reservation Site Park) and designating the Public Works Director as agent for the City in (62) submitting the application and administering the project. 5. NEWPORT BEACH RESTAURANT BUSINESS IMPROVEMENT Res 99 -78 DISTRICT 1999 ANNUAL REPORT AND 2000 DISTRICT RENEWAL. Restaurant BID 1) Approve the Newport Beach Restaurant Improvement District 1999 (27) Annual Report; and 2) adopt Resolution of Intention No. 99 -78 to levy and set the public hearing for December 13, 1999. 6. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT, ANNUAL Res 99 -79 REPORT FOR 2000 FISCAL YEAR DISTRICT RENEWAL, AND Marina Avenue BID ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR 2000 (27) Volume 53 - Page 94 City of Newport Beach City Council Minutes November 22, 1999 INDEX FISCAL YEAR. 1) Approve the Marine Avenue Business Improvement District 1999 Annual Report; and 2) adopt Resolution of Intention No. 99 -79 to levy and set public hearing for December 13, 1999. CONTRACTS AND AGREEMENTS 7. BALBOA PIER CONCESSION AGREEMENT - RUBY'S C -2326 RESTAURANT GROUP (C -2326) (contd. from 10/25/99 & 1118199). Balboa Pier Authorize the Mayor to sign the proposed Lease Agreement with the Ruby's Concession/Ruby's Restaurant Group for the restaurant concession on the Balboa Pier. Council Restaurant (38) Member O'Neil abstained from voting on this item. 8. EXTENSION OF LEASE - GIRL SCOUT HOUSE (1700 WEST C -1955 BALBOA). Authorize the Mayor to enter into a lease renewal that extends Girl Scout House/ the current Lease Renewal Agreement with the Girl Scout Council of Orange 1700 W. Balboa County for the meeting facility at 1700 West Balboa for one year. (38) 9. MALIBU CIRCLE SLOPE REPAIRS (C -3292) - COMPLETION AND C -3292 ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Malibu Circle Notice of Completion; and 3) authorize the City Clerk to release the bonds Slope Repairs 35 days after the Notice of Completion has been recorded in accordance with (38) applicable portions of the Civil Code. MISCELLANEOUS ACTIONS 10. PLANNING COMMISSION AGENDA FOR NOVEMBER 18, 1999. Planning Receive and file. (68) 11. ANNUAL REPORT ON THE STATUS OF THE GENERAL PLAN. General Plan Adopt report and direct staff to submit copies to the Office of Planning and Status Report Research and the Department of Housing and Community Development. (68) Motion by Mayor Pro Tern Adams to approve the Consent Calendar, and noting the abstention by Council Member O'Neil on Item No. 7. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None City Manager Bludau indicated that staff is requesting that Agenda Item No. 14 (Affordable Housing In -Lieu Fee) be pulled from the agenda. PUBLIC COMMENTS • Allen Murray, 2330 Port Lerwick Place, stated that he is speaking on behalf of a majority of the Seawind homeowners and presented Council with over 100 petitions (a majority of the homeowners). He indicated that the Seawind residents knew that Newport Ridge North would be developed and are not opposed to its development, but they are very upset because they received no Volume 53 - Page 95 L] 0 City of Newport Beach City Council Minutes November 22, 1999 notice for any public meeting or no environmental impact report (EIR). He noted that this development is within a few hundred yards of their homes and will have a serious impact on their quality of life. He reported that residents were sent notices and invited to a minimum of three public meetings to review the EIRs for the San Joaquin Hills Toll Road and the Ford Road relocation a few years ago, and noted that both projects are farther away than the Newport Ridge North project. He stated that they were not concerned about road noise at that time because the ridge acted as a sound barrier for them; however, since The Irvine Company began grading the top of the ridge, the residents have noticed a significant increase in road noise from the toll road. This can only worsen if The Irvine Company continues to remove soil from the top of the ridge. He indicated that, had they known about the plan to tear down the top of the ridge when they were reviewing the EIRs for the two projects, they would have adopted a very different position on sound mitigation. Mr. Murray stated that they have received information which raises doubts that proper notification was given. He requested that the City support their position that ridge grading and any other earth moving activity should immediately be ceased until a thorough review of the process is completed. Roger Ham, 2336 Port Carlisle, Past President of the Seawind Homeowners Association, also expressed concern with the way notification for the Newport Ridge North project was handled. He reported that they received a notice, two weeks after grading had already started, informing them that dynamiting of the hill next to them was going to take place. Mr. Ham indicated that the County and the City cannot locate the EIR that relates to this project. He expressed the opinion that it is critical that the residents and the City, who may be annexing that area in the future, take some proactive action regarding the project. He stated that the homeowners association approached Irvine and asked to see any project information and indicated that Irvine is finally trying to get the answers. He noted that they are meeting with them tomorrow at 8:30 a.m. at the Seawind pool area and welcomed anyone who would like to attend. In response to Council Member Debay's questions, Mr. Ham confirmed that the property is just outside the City's boundary. It was once owned by Irvine, but Irvine gave it back to the County who also processes the permits. He noted that the County indicated that they notified all homeowners within 300 feet of the project, but reported that there are no homes within that radius. In response to Mayor Pro Tem Adams' questions, City Manager Bludau confirmed that the graded area is within the City's sphere of influence and that the City is looking into including it within the annexation area. He also indicated that it cannot be confirmed if the City received the EIR. He stated that he pledged to four residents that staff would work towards piecing together any project information and notification since it is in the City's sphere of influence. In response to Mayor Pro Tem Adams' statement that the City should have reviewed a draft EIR, Mr. Bludau clarified that the area was not always in the City's sphere of influence and was only detached when the City conducted the Bonita Canyon annexation. Mayor Noyes pointed out that the meeting is straying from the agenda but that the City Manager has indicated a willingness to investigate this matter. Volume 53 - Page 96 INDEX City of Newport Beach City Council Minutes November 22, 1999 Ron Jackson, 39 Montecito Drive, President of the Spyglass Homeowners Community Association, presented Council with correspondence which reports that the Edison Company installed poles along San Joaquin Hills Road that were ten feet taller than the previous poles and are now obstructing the views of about 12 homeowners. He requested City assistance to have the poles replaced with ones that are no taller than the previous poles. City Manager Bludau reported that the Edison Company has its own utility easement and is not required to get City permission to conduct permitted uses on their own easement. Council Member Ridgeway requested that a staff report be generated on this issue. In response to Mayor Pro Tem Adams' statement, City Attorney Burnham indicated that the Edison Company would be subject to CEQA if they are considered a public agency. He stated that he is unsure if they would be considered a public agency, but that staff can report back to Council on this. Public Works Director Webb added that the Edison Company's easements are not in the street right -of -way, but are located adjacent to them. PUBLIC HEARING 12. VACATION AND ABANDONMENT OF A 10 -FOOT WIDE SEWER EASEMENT LOCATED ADJACENT TO THE SOUTHERLY PROPERTY LINE OF 116 KINGS PLACE (LOT 2, BLOCK 3, TRACT 1219), LOCATED IN THE CLIFFHAVEN AREA. Mayor Noyes opened the public hearing. There being no public testimony, Mayor Noyes closed the public hearing. Motion by Council Member Debay to adopt Resolution No. 99 -80 ordering the vacation and abandonment of the 10 -foot wide sewer easement and direct the City Clerk to have the resolution recorded by the Orange County Recorder. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Abstain: None Absent: None CURRENT BUSINESS 13. UNSCHEDULED VACANCY ON THE CITY ARTS COMMISSION. By the following vote, Lila Crespin was appointed to the City Arts Commission to serve the balance of Pat Brubaker's unexpired term which expires on June 30, 2001: Lila Crespin received five votes: Adams, Glover, Debay, Ridgeway, and O'Neil Tom Staple received two votes: Thomson and Mayor Noyes Volume 53 - Page 97 INDEX Res 99 -80 Vacation and Abandonment/ 116 Kings Place/ Cliffhaven Area (90) City Arts Commission (24) • 0 • City of Newport Beach City Council Minutes November 22, 1999 9 14. 16 HOUSINU IN -LIEU FEE. City Manager Bludau previously announced that this item would be pulled from the agenda. OPTION TO PURCHASE CALTRANS WEST (SUNSET VIEW PARK). Public Works Director Webb reported that CalTrans originally purchased the property for the coastal freeway; the property was declared surplus when the coastal freeway was removed from their route; CalTrans attempted to sell the parcel twice in public auction but did not receive acceptable bids; and the City talked with CalTrans about acquiring the property but the negotiations never reached fruition. He reported that the City spoke with CalTrans, in 1996, and agreed to a process in which they would both hire a single appraiser that would follow appraisal instructions that were acceptable to both parties. The appraisal was completed in 1997 and a year lapsed with no determination or offer being requested or made. He stated that CalTrans requested that the appraisal be updated. This was completed in 1998 and is the appraisal that the City is currently working with ($3.73 million for 14.79 acres). He reported that CalTrans may accept an option at ten percent of the price in order to hold the property for a year and that the City may even be able to get an additional extension. Further, the City may also receive purchasing assistance from the Banning Ranch Development. . Council Member Debay stated that she, the City Manager, the City Attorney, and Mr. Webb, contacted former City Manager Bob Wynn who conducted the negotiations years ago and provided them with some history on the property. She reported that this had come to an agreement but it never reached fruition. She indicated that Mr. Webb put together an analysis for Council review of property that was purchased from CalTrans and compared those dollars to today's dollars. She reported that the CalTrans West property at $3.7 million is good in comparison to the CalTrans East and the West Newport Park purchases. She pointed out that an appraisal was finally received that the City and CalTrans accepted and indicated that this purchase gives the City another opportunity to have an active daytime park on the west end of the City that could support a full size soccer field and baseball diamond. Council Member Glover stated that she looked at the parcel with Mr. Webb today. She expressed the opinion that this is a great opportunity to have a park at the old side of Newport Beach. Motion by Council Member Glover to authorize the City Manager to negotiate and execute a one -year option to purchase CalTrans West (Sunset View Park) for ten percent of the appraised value with a one -year extension at five percent of the appraised value. Council Member Ridgeway stated that he was on the Planning Commission when rezoning this property was considered and that the property is now • zoned Park and Open Space. He indicated that he supports a park at that location but does not support a ten percent option fee. He stated that he could support a five percent option fee with a five percent option the second Volume 63 - Page 98 ui FOWN Housing In -Lieu Fee (68) Caltrans West/ Sunset View Park (62/73) City of Newport Beach City Council Minutes November 22, 1999 16. `8,113 Volume 53 - Page 99 year because funding has not yet been identified. He suggested a one -way contract so that, if the City does not wish to extend the contract, the City will forfeit the money to CalTrans. He believed that ten percent is too much for a property that is not marketable to the overall community. Louise Greeley, 16 Swift Court, stated that she has been actively working on this proposal for as long as Mr. Webb has. She stated that a committee was formed in early 1990 that represented 15 homeowners associations. They went on record as desiring this property to be in City ownership as recreation -open space and, on May 12, 1993, wrote to Council requesting a General Plan amendment that would change this property to open space. She thanked Council for placing this on the agenda and noted that there is currently no access to the property. Jan Vandersloot asked Council to support the motion, believing that the park will benefit all the people of the City. Council Member Ridgeway requested that Council Member Glover amend her motion, pointing out that the difference totals about $190,000. Mr. Bludau indicated that five percent is reasonable, but explained that they were willing to offer ten percent because of the second year option. Mayor Pro Tem Adams suggested offering CalTrans ten percent for two years. In response to Council Member Ridgeway's question, Mr. Webb indicated that there is a $400,000 line item in the budget to begin the CalTrans West acquisition process. . Council Member Glover amended the motion to authorize the City Manager to negotiate and execute a one -year option to purchase CalTrans West (Sunset View Park) for five percent of the appraised value with a one- year extension at five percent of the appraised value. The amended motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None In response to Council Member Debay's question, Mr. Bludau believed that there is room to negotiate if CalTrans turns this down. PROJECT PRIORITIZATION FOR OIL SPILL SETTLEMENT Project Prioritization/ PROCEEDS. Oil Spill Settlement (62) Motion by Council Member O'Neil to authorize Council Member Jan Debay (as the City's representative to the American Trader Oil Spill's Trustees Council) to advocate for the list of recreation projects listed in Attachment A of the staff report. The motion carried by the following roll call vote: • Volume 53 - Page 99 • LI City of Newport Beach City Council Minutes November 22, 1999 Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None MOTION FOR RECONSIDERATION - None. ADJOURNMENT - at 5:00 p.m. in honor of former Mayor Ed Hirth. The agenda for the Regular Meeting was posted on November 22, 1999, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 53 - Page 100 `l�l13