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Home My WebLink About01 - 10-09-2001City Council Meeting October 23, 2001 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes DRAFT Study Session �1 October 9, 2001- 4:00 p.m. INDEX Present: Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Absent: Heffernan & O'Neil (excused) 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Referring to Item No. 7, JWA Settlement Agreement Extension Public Information Program, Council Member Proctor asked when the three letters would be mailed. City Attorney Burnham stated that the schedule provided in the staff report and prepared by McNally Temple Associates, Inc. was for information only. He explained that a delay was expected in getting the first mailing out and the schedule would have to be adjusted. He added that the intention is to have mailings go out on October 15 1h, October 250i and October 3180. Council Member Proctor stated that the staff report for Item No. 8, Local Law Enforcement Block Grant, indicates that the grant must be presented for public comment prior to the expenditure of funds. He asked if this would occur, noting that the item is agendized on the Consent Calendar. City Attorney Burnham stated that all items on the Consent Calendar are open for public comment. Per Mayor Pro Tern Ridgeway's inquiry, City Attorney Burnham confirmed that the Federal Aviation Administration (FAA) report was published earlier in the day. Council Member Proctor stated that he had a copy of the 18 -page report. Mayor Adams asked if the staff recommendation for Item No. 10, Health Risk Assessment for Newport Bay, was consistent with the Harbor Quality Committee's recommendation. Assistant City Manager Kiff stated that the first recommendation was that of the Harbor Quality Committee and that staff added the second recommendation. Mayor Pro Tern Ridgeway added that the Harbor Quality Committee limited their opposition to the Regional Water Quality Board and the Environmental Protection Agency (EPA). Council Member Glover stated that she was surprised to see the item on the agenda. She stated that she has been involved with the issue and expressed her dissatisfaction with not being consulted ahead of time. Volume 54 - Page 495 City of Newport Beach Study Session Minutes October 9, 2001 2. 3. BALBOA VILLAGE IMPROVEMENT (contd. from 9/25/01). OPTIONS Administrative Services Director Danner stated that there are various funding options for the Balboa Village Improvement Project, and that the information was presented to the Finance Committee in September 2001. He stated that the funding sources for the project have been identified as Community Development Block Grant (CDBG) funds, a CDBG Section 108 loan, Off Street Parking funds, Neighborhood Enhancement funds and Gas Tax funds. He added that a General Fund contribution has always been expected also. Administrative Services Director Danner stated that the City Council would be considering an award of the contract for the project at the regular meeting to be held later in the evening. Administrative Services Director Danner stated that the expected $2.1 million shortfall was initially expected to be funded from a parking revenue bond, but that the idea was abandoned because the City does not account for its parking lots as enterprise operations and because the Balboa parking lot is on tidelands. He stated that it was decided that the best way to fund the shortfall would be through the issuance of Certificates of Participation (COP'S). Due to the cost of borrowing, $2.4 million would actually have to be borrowed to obtain the $2.1 million needed. Therefore, it was decided that the COP'S should be done through a private placement and that this could be done in January 2002. Administrative Services Director Danner stated that the City can borrow the funds for less money than what it would gain by investing those funds. He stated that due to the September 11, 2001 tragedy, interest rates have been lowered and borrowing is even more appealing. He summarized by stating that the City has the option to borrow the needed funds or use the City's reserves, and that he would continue to monitor the situation and come back to the City Council in December 2001 or January 2002 with a recommendation. Council Member Glover stated that she is pleased with the option to borrow, as presented by staff. She suggested that the option be pursued. Council Member Bromberg stated that the Finance Committee supported the idea of borrowing. Mayor Pro Tem Ridgeway noted that the use of COP'S are anticipated in the recommendation to award the contract in Item No. 6, Balboa Village Improvement Phase I. MARINE STUDIES CENTER AT SHELLMAKER ISLAND. Using a PowerPoint presentation, Assistant City Manager Kiff showed an aerial photo of how Shellmaker Island currently looks. He stated that the proposed Marine Studies Center would be a part of the City's program to improve water quality, would use American Trader Oil Spill funds and would be a cooperative effort of various entities. He stated that functions of the Center would include housing Orange. County's Water Quality Testing Volume 54 - Page 496 INDEX C -3333 Balboa Village Improvement Project Funding (38) Marine Studies Center Shellmaker Island (51) City of Newport Beach Study Session Minutes October 9, 2001 INDEX Lab, water quality research, water quality education and public outreach, habitat restoration and preservation, and the Department of Fish & Game's (DFG) onsite management of the ecological reserve. Assistant City Manager Kiff stated that the lab would be a critical component of the proposed Center. He added that Item No. 13 on the evening agenda, Marine Studies Center at Shellmaker Island, recommends funding a temporary facility to house the lab at the site until a permanent facility is built. Assistant City Manager Kiff stated that the current lab is in Santa Ana, and that the Orange County Board of Supervisors has approved funding for additional staffing, new testing techniques and a new facility. He displayed a photo of some of the lab equipment. He noted that the lab personnel look for total coliforms and he displayed what they might see under the microscope. He then displayed slides of fecal coliforms and enterococci, also counted by the lab personnel and able to cause a problem with water quality. Assistant City Manager Kiff stated that in regard to water quality education, exhibits would be on display at the Center, education programs would be developed, local students would use the Center for research, and there would be participation by docents and teachers. In regard to habitat restoration, he stated that Shellmaker Island would be partially restored and used for research. Assistant City Manager Kiff displayed the concept plan prepared by Ron Yeo. He noted that Phase I of the project would include resident participation for the design of the Center, development of a restoration plan, placing a temporary lab facility on the site, completion of the environmental documentation, and construction of a new University of California at Irvine (UCI) crew building. Assistant City Manager Kiff stated that Phase II would include obtaining funding commitments, obtaining permits, completing cooperative agreements, constructing the facility and restoring the habitat. Assistant City Manager Kiff listed the funds set aside to date by the County, UCI, the City, DFG, and the Coastal Commission. He added that funding is also anticipated from Conservation and Reinvestment Act (CARA) funds. He stated that due to public attention on water quality and water quality education, the remaining funds needed are expected to be received. Mayor Adams asked if the funds currently set aside will remain available for the project. Assistant City Manager Kiff stated that the County money could go away if the lab is not started. He added that the CARA money would also have to be used in a specified period of time. Council Member Glover asked what the monthly operating cost of the Center would be to the City. Assistant City Manager Kiff stated that the costs to the City would be for janitorial services only and could be added to the current maintenance contract. He added that DFG would be the lead agency, and that staff is only asking for the City Council's approval of Phase I of the project, at this point. Council Member Glover stated that the money that is being spent should be used to improve water quality. She stated that the tendency seems to be to build an edifice and not resolve the issue. Volume 54 - Page 497 City of Newport Beach Study Session Minutes October 9, 2001 INDEX Assistant laity Manager hall suggested that Voug Moore, who runs the County lab and is in attendance at the current meeting, be invited to speak at the conclusion of the Council Member comments. In regard to Item No. 13 on the evening agenda, Mayor Pro Tem Ridgeway asked what amount staff is recommending be spent from the American Trader oil spill account for the temporary facility. Assistant City Manager Kiff stated that the amount is $80,000. Mayor Pro Tem Ridgeway agreed with Council Member Glover's comments about having the money used to resolve the issues, noting the 22,000 square -foot building that is being recommended. In regard to research, he stated that the water for the tests for total coliforms, fecal coliforms and enterococci is currently collected 24 hours prior to the testing due to an incubation period that is needed. He stated that research is being done on how to get a quicker reading on pathogen, bacteria and contamination levels, and that a lab closer to the water with the cooperative effort that is taking place could contribute positively to the effort. In conclusion, Mayor Pro Tem Ridgeway felt that the County's support of the project is one of the strongest components in resolving the issues. Dr. Doug Moore, Lab Director, stated that potable water and recreational water quality have always been a part of his job in dealing with public health operations and institutions. He stated that three years ago, it was learned that more research and testing techniques were needed. Dr. Moore redisplayed a portion of the PowerPoint presentation given earlier in the meeting by Assistant City Manager Kiff. He also mentioned again the funding that has been approved by the County for a new water quality lab, and stated that this would include the establishment of rapid bacterial indicator tests, development of a source tracking system with an Orange County database, detection of chemical indicators of human pollution and direct detection of human pathogens. Mayor Pro Tem Ridgeway asked if a new microscope would be purchased that can count the colonies. Dr. Moore stated that it was not budgeted for the current year, explaining that most of the procedures are not automated. Mayor Pro Tem Ridgeway asked if the County would coordinate with the other entities to proceed with the research effort. Dr. Moore stated that two source tracking studies are currently being done and his lab is working with other entities. He added that he's aware of the technologies available and does testing to find out which ones are the most accurate. Council Member Glover stated that she appreciates the County's support of the issue. She also indicated her understanding for science not being exact and the newness of research in the water field. Jack Skinner stated that his background is in clinical medicine, and that he has often relied on the County lab due to their quality of work and the integrity of the personnel there. He stated that water quality became a secondary issue for the lab, but Dr. Moore has stayed current with the progress being made in water quality throughout the country. Mr. Skinner stated that Dr. Moore has the expertise to determine which decisions are best for Orange County. Volume 54 - Page 498 City of Newport Beach Study Session Minutes October 9, 2001 John Hauscarriague, UCI Administration, stated that, "UCI would like to voice its support for the Shellmaker Marine Studies Center. As one of the partners in the Center, we believe this will be an important asset for our community. The collaborative master plan that has been developed will allow several important facilities to be housed at Shellmaker in an environmentally sound plan that will serve many important needs. UCI will fund, build and operate a new crew facility, as part of this master plan. This facility will provide much needed facilities for our UCI student athletes, as well as servicing kayak and canoe access for teaching tours on the Upper Newport Bay as part of the Marine Studies Center program. In addition to the new crew facility, UCI will be a partner in the Marine Studies Center's teaching, research and public service programs. We look forward to collaborating with other teachers, scientists and volunteers at the Center to support public education and research. UCI and other partners have begun the initial work in establishing these relationships for this important program. Your approval of these initial steps will help all of the partners in moving this important project forward. Finally, UCI would like to thank the City staff, in particular Assistant City Manager Kiff and City Attorney Burnham, for their substantial efforts in helping to move this project forward. Thank you." Jack Keating, President of Newport Bay Naturalists and Friends, stated that his group of volunteers are also a partner in the new Center. He stated that it's a wonderful collaborative opportunity and will turn Shellmaker Island into a very special place for visitors and scientists. He stated that his organization strongly supports the water quality lab at the site. Mayor Pro Tem Ridgeway announced that a letter in support of the Center was also received from Dennis Kelly, Professor of the Marine Science Department at Orange Coast College. Terri Stewart, Senior Biologist DFG, stated her appreciation for the City's support of the project. She stated that the partnership will accomplish much more than can be accomplished alone. She stated that the Center is needed and will work. 4. PROPOSED HARBOR COMMISSION. Council Member Bromberg stated that the issue of whether a Harbor Commission is needed has come up several times. He stated that it does add another layer of bureaucracy and needs to be approached carefully. He stated that of the 15,000 people in his district, about 11,000 live on or about the bay, and that he started thinking of having a Harbor Commission when the City started dealing with more issues affecting the bay. Council Member Bromberg stated that most of the issues are decided on by the Harbor Resources Division, can be appealed to the City Manager and then to the City Council. He stated that a Commission is possibly needed to deal with these issues, since they affect the quality of life of the residents. Council Member Glover stated that she heard that most of the members of the current Harbor Committee are from Balboa Island but upon a request to Volume 54 - Page 499 pool] Harbor Commission (24) City of Newport Beach Study Session Minutes October 9, 2001 INDEX the City Manager, she learned that most of the people on the Harbor Committee don't live in Newport Beach. She stated her support for a Harbor Commission, but requested that the members live in Newport Beach and be required to give their place of residency. Council Member Glover stated that each Council Member should be able to appoint someone to the Commission to provide for geographical representation. She stated that this is only fair. She further agreed that the Harbor Commission should have the same level of authority as the Planning Commission. Senior Planner Alford stated that earlier in the year, the City Council approved the extension of the term of the Harbor Committee until final action was taken on a Harbor Commission, but no later than one year. He stated that the Harbor Committee has developed a set of proposed rules and procedures, which could serve as the charter for a Harbor Commission. He stated that the Harbor Committee is recommending that the Commission be advisory only, and added that if the City Council wanted the Commission to have permit and appellant authority, Title 17 of the Newport Beach Municipal Code would have to be amended. Senior Planner Alford noted that the proposed rules and procedures are modeled after the Planning Commission's, with some specific recommendations regarding membership. Mayor Pro Tem Ridgeway stated that the Harbor Committee has worked for over twelve months on the concept of a Harbor Commission. He stated that the original thought regarding the composition of the Commission was to have one appointee per Council district, but it was decided that this would result in a lack of expertise. He stated that ultimately there should be some authority given to the Commission through Title 17, and that the City Council would still have final authority over everything. Mayor Pro Tem Ridgeway stated that the Committee has debated the composition issue and agreed that City residency should be a requirement. Mayor Adams asked if staff had made any estimates regarding the impact to staff that the Commission would have. Assistant City Manager Wood stated that such an analysis had not been done and would depend upon the duties approved for the Commission. Mayor Adams stated that he's in support of a Harbor Commission, but would disagree with the concept if it were to require additional staffing or increase the City's budget. Mayor Pro Tem Ridgeway stated that the Harbor Resources Director would act as the Planning Director does for the Planning Commission. He added that existing staff in the Harbor Resources Division could also take the minutes and he didn't see a significant impact to City resources. Assistant City Manager Wood noted that staff would also possibly have to prepare written reports if the Commission is designed to approve permits or make recommendations on permits. Mayor Adams requested that an analysis of City resources be included in the report to the City Council when the issue of whether to add a Harbor Commission is discussed. Per Mayor Adams' question, City Clerk Harkless stated that the City Clerk's office does not handle the agendas or minutes for the various commissions and committees. Volume 54 - Page 500 City of Newport Beach Study Session Minutes October 9, 2001 1 1017 Council Member Bromberg stated that it is important not to politicize the proposed Commission by having District appointments. He pointed out that the recommended composition is suggesting that there be two members that reside on the harbor. He stated that the most significant factor when selecting the members should be their expertise. Council Member Glover disagreed that District appointments would politicize the Commission. Council Member Bromberg stated that care just needs to be taken, since it's a new Commission. Mayor Adams stated that he would like to see the bylaws include limiting projects for review to those referred to the Commission by the Planning Commission, the City Council, or the City Manager. He stated that it should help in minimizing the length of the public hearing process. Regarding the level of expertise of the members, Mayor Adams stated that the idea of a commission is to have residents of the City oversee what staff is doing and make sure that the interests of the citizens are kept in mind. He stated that City staff members are the experts, and having a commission composed of experts would be a departure from what has been done in the past. Council Member Bromberg agreed that the City should proceed cautiously. Mayor Pro Tern Ridgeway stated that the Committee is looking for direction from the City Council on the issue of membership for the new Commission. He suggested that the technical advisory committee that is being discussed include the expertise desired by some for the Commission. Mayor Adams stated that the membership selection for the proposed Harbor Commission could take place as it does for the Planning Commission, which is not necessarily an appointment by District but is done from a pool of candidates Citywide. Seymour Beek, Harbor Committee member, stated that although he lives on Balboa Island, the Harbor Committee does have representatives from other areas in the community as well. He stated that expertise can be found in every District. Mr. Beek expressed his pleasure for the support of a Harbor Commission and stated that there is a great need for it. He stated that he could readily think of thirteen topics that would appropriately be discussed by a Harbor Commission. Council Member Glover agreed that it was time for a Harbor Commission. She added that she'd like to see the entire City Council vote for the membership. She further agreed that citizens' viewpoints are needed and that a technical advisory committee would be a good idea. Mayor Pro Tern Ridgeway stated that commissions are intended to be citizens reviewing citizen requests. He stated that they're not designed to be technical bodies. Council Member Bromberg stated that the way a committee, commission or Volume 54 - Page 501 City of Newport Beach Study Session Minutes October 9, 2001 INDEX board is politicized is to appoint people who have specific interests. He added that staff should also be given direction to have the membership staggered. John Corrough, Harbor Committee member, stated that an interesting aspect of the Committee's membership is the number of hats that each person wears. He stated that there is a diverse cross section of people interested in the environment, business and recreation. Mr. Corrough requested that the proposed Commission also have diversity in interests and strengths. He stated that he would soon be speaking in Fort Lauderdale, Florida about what the City of Newport Beach has done towards taking control of its harbor. Council Member Proctor noted the two opposing viewpoints, one being that a Harbor Commission would add another layer of bureaucracy and the other that it would provide a single focal point for harbor issues. He asked what is wrong with the current system that would require a new commission and another layer of bureaucracy. Mayor Adams suggested that this information be included in the staff report. Mayor Pro Tern Ridgeway stated that the bay was ignored for a number of years and the only time the City Council was involved was when there was an appeal of a decision by the Harbor Resources Department. He stated that it's time that the harbor was run as a business. He noted that at the meeting of the Harbor Committee earlier in the day, an appraisal was discussed regarding the operation of the harbor. He stated that the Committee spent the time to critique the appraisal, which hadn't been done in the past. He stated that a proactive approach regarding the harbor is needed, although nothing is really wrong with the current system. Council Member Bromberg suggested that staff place the item on a future City Council meeting agenda with recommendations to establish a Harbor Commission and rules of procedures. Regarding Council Member Proctor's earlier question, Assistant City Manager Kiff stated that it's important for the City to have the residents' perspective when facing harbor issues. Council Member Glover stated that Seymour Beek and Gary Hill approached her several years ago, when she was chairman of the Harbor Quality Committee, with some valid concerns about the bay and water issues. She stated that the City Council and the City Manager had been remiss in addressing the issues. She noted that the waterways are the heart of the City and she believes that a Harbor Commission is needed, although staff time will be required. She stated that some issues need to be attended to but she doesn't see a change to those who live and enjoy the harbor. Mayor Adams requested that the City Manager provide an indication of when the item would return to the City Council at the next City Council meeting. Volume 54 - Page 502 City of Newport Beach Study Session Minutes October 9, 2001 Mayor Fro Tem ttidgeway announced that the Harbor Uommittee is scheduled to meet on October 30, 2001, and the item has not been agendized. 5. ANALYSIS OF POLICE OPERATIONS — JULY 4, 2001. Police Chief McDonell stated that the Police Department reached out to the West Newport community early in the planning stages for this year's 4th of July, to work with them and address their concerns. He stated that the community formed an Ad Hoc Committee and staff met with them several times. He stated that, as a result, more portable restrooms were added in the triangle square area and the enforcement profile was increased. Chief McDonell stated that field booking stations were added, and that this resulted in an increase in arrests of about 23 %. He stated that he would be showing a short video of some of the events of the day, and that it gives a good indication of the mass of humanity that the Police Department deals with during the holiday and how difficult it is to experience the impact. Chief McDonell spoke briefly during the video presentation. He stated that most arrests were for drunk or disorderly behavior, and that the evening brought on a more intoxicated crowd. He noted the happy crowd and literally thousands of people moving in one direction down Balboa Boulevard. The field booking stations were also shown. Chief McDonell stated that they had assistance from the Building Department in dealing with rooftop parties and overcapacity on balconies. He noted that some parties had to be closed down and people removed from private properties that weren't their own. The field command post, located at the rear of City Hall, was also shown. He stated that over 100 people were processed through the facility during the holiday. Chief McDonell noted a scene where a street had to actually be cleared. He stated that the garbage issue is significant and the Police Department is proposing that garbage containers be added at the street ends for the 2002 holiday. The final sweep at the end of the evening was also shown, and it was noted that it has to be done or the party would never end. Chief McDonell stated that of the arrests made, 88% were male, 87% were Caucasian, 13% were Newport Beach residents, and the average age was 22. He noted that traffic was higher during the 2001 holiday and there was a problem with getting the cars out of the community later in the evening. He stated that the Police Department hopes to work with Traffic Engineering and CalTrans in the future to have the signal cycles changed. Chief McDonell stated that the cost for law enforcement during the holiday totaled $95,500, and included $15,300 for the Sheriffs Department and $24,000 for California Highway Patrol. Council Member Proctor thanked the Police Department on behalf of the West Newport community. He stated that the cooperation between the citizens and law enforcement was remarkable, and that the officers should be commended. Council Member Glover asked if the City could legally restrict who is allowed on the peninsula during the holiday. City Attorney Burnham stated that it can be done if it is not done selectively. He stated that streets can be closed. Volume 54 - Page 503 INDEX 4th of July Police Operations (70) City of Newport Beach Study Session Minutes October 9, 2001 Mayor Pro Tern Ridgeway noted that there are a great number of rental units in the area and that there is some effort to increase the number of owner - occupied units. He stated that it will take significant planning and involvement by the City and the community to be successful, but is a complex, long -term solution. Chief McDonell felt that there was an improvement in getting residents back to their homes at the Balboa Boulevard/River Avenue checkpoint. Bob Small, property owner on 39th Street, stated that, at best, law enforcement only provides for controlled chaos and that serious things are on the verge of happening. He knows that there isn't a simple solution, but noted the various cities that used to have such problems but somehow eliminated the crowds. Mr. Small stated that the City seems to make it convenient for people to come down and party. He stated that it should be more difficult to come onto the peninsula and move around, and that this would act as a deterrent. PUBLIC COMMENTS -None. ADJOURNMENT - 6:00 p.m. The agenda for the Study Session was posted on October 3, 2001, at 2:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 54 - Page 504 INDEX CITY OF NEWPORT BEACH City Council Minutes Regular Meeting /� �I October 9, 2001 - 7:00 p.m. DRAFT INDEX STUDY SESSION — 4:00 p.m. CLOSED SESSION — 6:00 p.m. ................... A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Absent: Heffernan (excused) C. CLOSED SESSION REPORT — None. D. PLEDGE OF ALLEGIANCE — Council Member Glover. E. INVOCATION — Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal Parish Church. F. Presentation of Art to the City by the City Arts Commission. 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 Glover reported that Irvine Volvo is parking cars in her district. She noted that cars have to be parked for 72 -hours prior to being towed and reported that the dealership knows this and does not leave its cars on the streets for more than 72- hours. • Council Member Glover requested a report at a study session regarding garages and whether they can be rented out, completely used for storage, etc. Further, she asked how the City can make citizens more responsive. • Noting that there is a crosswalk on Balboa Island at Marine Avenue, Council Member Bromberg asked that Public Works Director Badum look into possibly placing flashing lights at the crosswalk to ensure more safety. • Council Member Proctor stated that he has talked with City Attorney Burnham about an ordinance regarding short -term occupancy and the burden on the realtors to enforce this without having tools for Volume 54 - Page 505 Art (62) City of Newport Beach City Council Minutes October 9, 2001 enforcement. Council Member Proctor requested that staff look at other communities for creative ways to encourage owner - occupancy rather than short -term rentals. Mayor Adams asked for a study session item to look at the overall efficiency of some City operations and the possibility of privatization. He stated that he received a letter from George Jeffries who suggested looking at a functional budget analysis for two or three departments every year. He believed that it would be appropriate to examine both these issues together. Mayor Adams stated that he was at Mayor Pro Tem Ridgeway's house last weekend and noticed that the barges in the Bay that are used by contractors are full of junk. He requested a brief report on what could be done about the barges. Mayor Adams noted that there is an item on tonight's agenda for the reconstruction of the pier restrooms. He indicated that the City may not be doing as good a job as it can to keep the restrooms clean and asked that staff explore ways to improve the cleanliness and upkeep of the restrooms. I. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. Removed at the request of an audience member 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTION FOR ADOPTION 3. RESOLUTION AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS OF THE CITY CLERK'S OFFICE AS PROVIDED BY SECTION 17200 OF THE ELECTION CODE OF THE STATE OF CALIFORNIA. Adopt Resolution No. 2001 -85 authorizing the destruction of initiative petitions for Measure S and Measure T. CONTRACTS AND AGREEMENTS 4. BEACH RESTROOM REHABILITATION — 15T11 STREET, NEWPORT PIER, 58TH STREET AND ORANGE STREET, AWARD OF CONTRACT (C- 3377). 1) Approve the plans and specifications; 2) award the contract (C -3377) to BB Construction for the total bid price of $158,000 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $15,800 to cover the cost of testing and unforeseen work. Volume 54 - Page 506 INDEX Res 2001 -85 Destruction of Records (32) C -3377 Beach Restroom Rehabilitation (38) City of Newport Beach City Council Minutes October 9, 2001 5. BONITA CREEK SPORTS PARK LIGHTING REPLACEMENT — AWARD OF CONTRACT (C- 3439). 1) Approve the plans and specifications; 2) award the contract (C -3439) to Baxter - Griffin Company, Inc. for the total bid price of $74,512 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $7,400 to cover the cost of unforeseen work. Mayor Adams abstained from voting on this item due to his home being in close proximity to the project. 6. BALBOA VILLAGE IMPROVEMENT PHASE I — AWARD OF CONTRACT (C- 3333). 1) Approve the plans and specifications; 2) award the contract (C -3333) to GCI Construction, Inc. for the total bid price of $3,256,935.05 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $325,700 to cover the cost of unforeseen work. Removed at the request of an audience member. MISCELLANEOUS ACTIONS 8. LOCAL LAW ENFORCEMENT BLOCK GRANT — CRIME PREVENTION PROGRAM. Receive public comments and accept continued funding of the Crime Prevention Program under the provisions of the United States Department of Justice Local Law Enforcement Block Grant 2000 -LB -VX -0442 and its successor under the federal 2000/2002 budget period (currently in the application process). 9. Removed at the request of Mayor Adams. 10. Removed at the request of an audience member. Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar, except for those items removed (1, 7, 9, and 10), and noting Mayor Adams' abstention on Item No. 5. The motion carried by the following roll call vote Ayes: O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent. Heffernan J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF SEPTEMBER 25, 2001. Jim Hildreth, 120 The Grand Canal, thanked the City Clerk for putting down his words very well. However, regarding Volume 54, Page 484, he requested that Mayor Adams' statement be included in the minutes, stating, "As I remember, he says that if my intention is to have him reprimand the City Manager and the City Attorney, that he wasn't going Volume 54 - Page 507 I o►, C -3439 Bonita Creek Sports Park Lighting Replacement (38) C -3333 Balboa Village Improvement Phase I (38) Crime Prevention Program (70) City of Newport Beach City Council Minutes October 9, 2001 to do that." Motion by Council Member O'Neil to waive reading of subject minutes, approve as written and order filed. Council Member Glover believed that it is inappropriate to change the minutes unless one of the Council Members requests it to be changed. In response to Mayor Pro Tem Ridgeway's question, City Attorney Burnham stated that a citizen has the right to comment on the minutes, but does not have the right to direct changes to the minutes, they can only request changes. The motion carried by the following roll call vote: Ayes: O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: Heffernan JWA SETTLEMENT AGREEMENT EXTENSION - PUBLIC INFORMATION PROGRAM/MCNALLY TEMPLE AGREEMENT. Charles Griffin, 732 Bison Avenue, stated that he knows that the City is in a poor bargaining position relative to the curfew extension at John Wayne Airport (JWA) and that expansion definitely needs to be curtailed. He indicated that the park initiative may pass and pointed out that it includes a sunset date. He believed that the County is unduly pressuring the City to accept additional passengers from 8.4 million annual passengers (MAP) to 9.8 MAP; create four additional gates; allow the County to design the runway extension; allow noisier and louder aircrafts; pay for the Environmental Impact Report (EIR); and pay for any litigation against anyone who opposes it. He expressed the opinion that litigation is the only tool to control this and that it is inappropriate for the City to give up this right. Motion by Council Member O'Neil to 1) authorize the City Manager to execute a contract with McNally Temple for implementation of the proposed mail program consistent with the proposal attached to the staff report; and 2) approve a budget amendment (BA -012) to appropriate $351,000 to Account #0100- 0121 -8080 from unappropriated reserves to fund the mail program. Noting that the City will be spending $351,000 on three mailings, Marcus Gunther asked what the response would be from this. He stated that Council will be voting on Human Services Grants (Item 9) that total $25,000 and believed that the impact to the City would be greater for the community if the budgets were reversed. He stated that the bulk of the JWA letters will be sent to corridor city residents and expressed the opinion that the response will not be worth $351,000. Council Member Glover stated that the JWA Settlement Agreement is one of the most important issues facing the City. She reported that the Volume 54 - Page 508 INDEX C -3482 BA -012 JWA Settlement Agreement Extension (38/40) City of Newport Beach City Council Minutes October 9, 2001 1`ea►' City has been working with the corridor cities trying to get their support and that, if the City gets the extension, it will protect the citizens of Newport Beach for many years to come. She explained that the City chose to pay for the EIR because it wanted to ensure that there was an accurate EIR done in a timely manner that will hold up for many years. Russell Niewiarowski, 20102 Kline Drive, Santa Ana Heights, expressed the opinion that the $351,000 would be a flush down the toilet and suggested putting that money into security guards who can watch the public facilities, like the pier restrooms. Regarding the public information, he believed that the corridor cities have already made up their minds. He noted that he lives in Santa Ana Heights, which is the closest community to JWA. He expressed the opinion that they have no representation, but the representation they do have want to see JWA expanded. He believed that the real solution is to have an E1 Toro Airport. He stated that he is part of a group that is working to educate people on the real solution by implementing an airport at El Toro. He indicated that the Reasonable Alternative Airport Initiative is currently on the street and is even being signed by South County residents. He added that the initiative also protects against a JWA expansion. He encouraged everyone to go to their website (www.ocxeltoro.com) to read the text of the initiative. He expressed the opinion that, as far as he knows, the corridor cities are not going to offer much help and those that want to help are shut out of the whole process. Regarding the action before Council, Council Member Proctor emphasized that this report has nothing to do with El Toro. He reiterated Council Member Glover's statement that the City has put together something that is in the best interest of the City and the corridor cities. He reported that the money will be used to inform the corridor cities about the importance of the settlement agreement since they are not signatures to it. Further, the funds will help generate support with the Board of Supervisors who are the ones the City has to go through to fashion something that goes beyond 2005. Regarding the marginal proposal to expand JWA, Council Member Proctor reported that he was the Chairman of the John Wayne Airport Commission when the original settlement agreement was signed. He stated that the settlement agreement was the result of a lawsuit and the settlement of the lawsuit. He noted that, although Newport Beach, the County, and the Airport Working Group are the major signers, they are not the major players. He reported that the other players are the FAA, which will be represented by the United States Attorney, and the airlines. He stated that, if the City does not come up with something that is marketable to the FAA and the airlines, the City does not have anything that will hold up to political pressure from the County or Congress, or in the courts. Council Member Proctor emphasized that the City is trying to be realistic about what is doable and marketable. He stated that Scenario 1 is the least intrusive and that the City needs help from the corridor cities to convince the Board of Supervisors that the other players will come on board with the plan. Volume 54 - Page 509 City of Newport Beach City Council Minutes October 9, 2001 City Attorney Burnham stated that Mr. Griffin said many things that are untrue and inaccurate; however, it is fair to say that it it the corridor cities, led by Newport Beach, that are pressuring the Board to extend the settlement agreement. He stated that Council has worked tirelessly for more than two years to try to put the City and the corridor cities in a position in which the extension occurs prior to the expiration of the settlement agreement. He emphasized that the reason the City is proposing terms and conditions for an expansion that is as limited as possible is to gain support or neutrality from the FAA and the air carriers. He added that there is no pressure on the part of the County to terminate the curfew, emphasizing that all the scenarios being evaluated in the EIR assume that the curfew and the general aviation noise ordinance continues. Council Member Bromberg expressed the opinion that it boggles the mind why anyone who lives in the City or on its borders would oppose what the City is trying to do with respect to the JWA settlement agreement which has nothing to do with El Toro. He believed that this tells him that there are uninformed people and encouraged them to study this issue thoroughly. He stated that people have to know the full extent of what the City is doing to have a grasp of what is going on. Mr. Burnham reported that they intend to schedule a meeting in the next four weeks and will be inviting members of the Santa Ana Heights community to inform them about what is going on, provide information on the status of the EIR and the various scenarios, and give them a better education on what the City needs to do politically in order to obtain an extension that avoids any legal challenge in court. The motion carried by the following roll call vote: Ayes: O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: Heffernan 9. HUMAN SERVICES GRANTS FOR 2001 -2002. Assistant City Manager Kiff stated that the staff report outlines the annual human services grants that total $25,000 and discussed the seven organizations that received the grants (Youth Employment Services Harbor Area, Assessment and Treatment Services, Newport- Mesa - Irvine YMCA, Serving People In Need (SPIN), the Orange County Council on Aging, Newport Harbor High School ASB, and The Susan G. Komen Foundation). He also thanked Department Assistant Wick who conducts the application review every year. Motion by Mayor Pro Tern Ridgeway to authorize the distribution of grants totaling $25,000 from Fund #010 -20- 0100 -8254 to various Human Services organizations that serve the Newport Beach community. The motion carried by the following roll call vote: Volume 54 - Page 510 INDEX Human Services Grants (407 City of Newport Beach City Council Minutes October 9, 2001 Ayes: O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: Heffernan 10. THE HEALTH RISK ASSESSMENT FOR NEWPORT BAY. Bob Caustin, Defend the Bay, 472 Old Newport Boulevard, stated that he has been speaking against the Health Risk Assessment study, conducted by EOA, Inc., since 1999 and noted that the City helped fund it in part. He expressed the opinion that the study is terrible and that his problems with the study include that Irvine Ranch Water District (IRWD) is behind the study; it lets the upstream dischargers off the hook as far as cleaning up the water that enters Newport Bay; and it only looks at the Bay five months of the year. He reported that the study, as written, would say that the water today is clean enough and nothing more needs to be done with it. Understanding that phages are useful in some places, Mr. Caustin clarified that the study only looks at phage coming down a creek and, if it is not found, they feel the water is clean enough. This negates AB 411 which calls for higher standards to clean up the beaches. He stated that a study was done a few years ago in which they looked at 600 human stool samples, but only found phage in less than 2% of the samples. He explained that this study would say that the water in San Diego Creek was okay if 600 people defecated in it. Further, the study will not be able to pick up when a boat has a through -hole fitting that is flushing directly into the Bay. Mr. Caustin expressed the opinion that the study did not look at the correct number of people that would use the Bay if it were perceived as being clean. He stated that writing the letter as recommended is good, but requested that Council also lobby against this study so it is exposed to the people upstream as they are also constituents of the City since they recreate in the Bay. He believed that, if upstream residents realized that their council or staff were trying to flush polluted urban runoff into the Bay, they probably would not stand for it. He expressed the opinion that, anyone who supports this, supports having children recreate in contaminated water. Motion by Council Member Bromberg to 1) authorize the Mayor to send a letter to the Regional Board stating the City of Newport Beach's official position that the Health Risk Assessment for the Newport Beach Watershed: a) is based on poor science and is therefore fatally flawed; b) should not be used by the Regional Board to determine policy relating to the Fecal Coliform TMDL; and c) should be set aside, with no further resources being spent upon it; and 2) authorize the Assistant City Manager to co-sign a letter from the watershed partners stating the City's formal position and also stating the partners' collective belief that the Assessment ('s): a) is based on poor science and may have fatal flaws; b) should not be used by the Regional Board to determine policy relating to the Fecal Coliform TMDL; c) may, if recommended by a majority of the partners, be subject to a 3M party review and that this 3rd party review should be done by the State Department of Health Services (DHS); and d) review by DHS should be a launching point for further studies of Newport Bay that more accurately examine the health risks of swimming in the Bay. Volume 54 - Page 511 INDEX Newport Bay Health Risk Assessment (51) City of Newport Beach City Council Minutes October 9, 2001 INDEX In response to Mayor Pro Tem Ridgeway's question, Assistant City Manager Mff explained that the watershed partners have already proposed to write a letter stating the City's formal position and also stating the partners' collective belief as outlined in the staff report. He stated that Mr. Caustin's statements are true and that the City does need to work on the watershed partners, believing that this is the way to do that. He indicated that he was pleased that all the watershed partners agreed that this was a bad study. Jack Skinner, 1724 Highland Drive, thanked Council for all of its efforts relative to Bay and water quality, especially Mr. Mff, Mayor Pro Tem Ridgeway, and Council Members Bromberg and Glover. He read from his correspondence (Attachment C of the staff report) which states that he strongly supports the recommendation of the Harbor Quality Committee to send a letter to the Regional Board asking them not to consider the EOA study in any future policy decisions. He believed that the EOA study is not scientifically defensible and, therefore, the study should not be used to relax the current bacterial standards for urban runoff entering Newport Bay from San Diego Creek and Delhi Channel. He stated that, at the invitation of EOA, he attended the first meeting held on May 17, 1999 in Oakland. He stated that the Health Advisory Committee (HAC) was convened to review the design of the study and reported that he vigorously expressed his concerns at that meeting that the proposed design was fatally flawed and would not stand up to scientific scrutiny. Further, several nationally known scientists provided similar concerns at the initial meeting. Dr. Skinner reported that the major flaw to the study is the reliance on the number of f- specific coliphage organisms (viruses that infect bacteria but not humans) to calculate the illness rates among swimmers. He stated that, to his knowledge, there is no scientific evidence that the rate of swimmer illness can be predicted by measuring the number of coliphage particles present in marine waters such as Newport Bay. He stated that, after reviewing EOA's draft final report, he cannot draw any meaningful conclusion from the study regarding swimmers' safety in Newport Bay. However, he agrees with the National Resources Defense Council that the EOA study is a "complete waste of time and resources." Dr. Skinner read from the study and explained that it is basically saying that the TMDLs which were developed by the Regional Board are too stringent and not needed. In response to Council Member Glover's question, Mr. Mff reported that the other watershed partners (IRWD, The Irvine Company, the County, Irvine, Lake Forest, Tustin, Santa Ana, and Costa Mesa) are signing the letter with him. He indicated that those signing are part of a subcommittee that will be sending the letter to the executive committee. David Vesel, 3318 Via Lido, stated that he agrees with the previous speakers. He indicated that he is the President of the World Water Rescue Foundation which is a non - profit organization and reported that some of its members are Ambassadors in the United Nations. He stated that he will talk during public comments about other water issues. Volume 54 - Page 512 City of Newport Beach City Council Minutes October 9, 2001 1!!!13 Jim Hildreth, 120 The Grand Canal, asked, "Does that also include Balboa Island Canal in this report ?" He further stated that "it says that it is designed under (the) Federal Clean Water Act — is an impaired water body, meaning that it's beneficial uses, like swimming and wading and kayaking - well that all pertains to the Grand Canal. So I am assuming that this also goes with that. I see that there are signs along the Grand Canal stating that there's been contaminants found in the water." He concluded by stating that "there are other areas in Newport Bay that should be tested and also included." Mayor Pro Tern Ridgeway reported that Jack Skinner and Bob Caustin have been bringing up the issue of water quality at the Harbor Quality Committee meetings for some time and have opposed this study from the beginning. He pointed out that they are both qualified to make the comments that they made. The motion carried by the following roll call vote: Ayes: O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: Heffernan Council Member Glover noted that she will be voting on the executive committee and asked whether tonight's vote also means that Council will not be pursuing a third party review. Mr. Burnham indicated that this was his understanding and that this would be an action consistent with what Council has done. K. PUBLIC COMMENTS Dayna Pettit, 1741 Plaza del Sur, stated that she is speaking on behalf of the Balboa Performing Arts Theater Foundation. She indicated that they will be coming before Council at every meeting until the Theater opens. She reported that they will be holding a 5K Race this Saturday and thanked the City for its involvement and support. Jim Whitehead, 332 L Street, 5K Run Committee, reported that they will be holding its Third Annual 5K Run for the Arts which will benefit the Balboa Theater. He stated that the race will begin on Saturday at 8:15 a.m. Michelle Roberge, Executive Director of the Balboa Performing Arts Theater, reported that registration is still open. She stated that participants can meet at the Balboa Peninsula Park beginning at 6:30 a.m. and will receive a roundtrip voucher from the Catalina Flyer, a t•shirt, and breakfast. She reported that there will also be a jazz band in the park for the awards ceremony, Mayor Adams will fire the starting gun, and Mayor Pro Tem Ridgeway and Council Member Bromberg will be in attendance to hand out awards. David Vesel, 3318 Via Lido, stated that he considers himself an expert in the water area. He stated that his organization participates each year in Volume 54 - Page 513 City of Newport Beach City Council Minutes October 9, 2001 a municipal water taste test and believed that the City's water would not even come in 10011, place in the contest. He expressed the opinion that it is a shame that such a wonderful City has such terrible tasting water. He asked how the City's water supply is being protected in these uncertain times when people are being exposed to so many different types of terrorism. Charles Griffin, 732 Bison Avenue, stated that Council Member Glover mentioned that the City should ignore airport designs done on the back of envelopes. He indicated that this is how he made many of his best preliminary designs and presented Council Member Glover with a copy of the El Toro V -Plan on a placemat. Mr. Griffin reported that the navy recorded wind for the 50 years that El Toro was operating and that this was used for the County's design which primarily takes off to the north and east with tailwinds. He indicated that the navy's data was done when wind sensors were placed at 9 feet; however, the level of standard for measuring wind at airports and meteorological instillations over the last 10 to 15 years calls for the wind measuring device to be at 30 feet. The difference from 9 feet to 30 feet is about 28 %. He indicated that this means that, instead of the airport being unusable only 4% of the time, it will probably be unusable two to three hours every afternoon. Mr. Griffin believed that this is serious and that E1 Toro should be operating with a headwind as proposed in the Reasonable Alternative Airport Initiative (www.ocxeltoro.com). INDEX Russell Niewiarowski, 20102 Kline Drive, Santa Ana Heights, stated that his best work has come from drawing on napkins for over 20 years and showed a large version of the V -Plan. He indicated that he downloaded the FAA's report from their website and stated that the report states that the two - airport system calls for a 5.4 MAP at JWA for 2020, while the proposed settlement agreement is to expand JWA to 9.8 MAP. He highlighted page 7 which states, "Virtually every .other airport in Southern California was designed with the winds, unlike the County's backward plan. FAA has further determined that the LRA is not the most sufficient use of navigable airspace as may be possible." He elated that these statements were made by Walter White of Southern California Terminal Radar Control (TRACON) over two years ago and noted that he also praised the V -Plan as being probably the smartest, most efficient plan. He explained that he has been volunteering for three years to get an airport at El Toro because the airport will be brand new and everyone needs to work towards the best plan. In response to Mayor Adams' question, City Attorney Burnham stated that the design of E1 Toro is within the purview and subject matter of Council based on Council Policy. Mr. Niewiarowski also reported that they had a successful Wake Up Newport meeting on Lido Island two weeks ago. He indicated that someone from that meeting found a use for the Airport Working Group's (AWG) response envelope, stating that they sent it to his group with their support. Volume 54 - Page 514 City of Newport Beach City Council Minutes October 9, 2001 i 109 Ann Watt stated that she lives in Santa Ana Heights. She took exception to Council Member Glover's comments in the Daily Pilot today which backhanded Charles Griffin. She stated that she will continue to support the V -Plan, as well as generate signatures for the Reasonable Alternative Airport Initiative because it is the safest, most efficient use for El Toro. She reported that the petition can be downloaded at www.ocxeltoro.com. She encouraged people to also look at the City's website in which the most desirable plan is Scenario 1. She further described Scenarios 1 and 2, believing that, since the FAA and the air carriers need to also sign on to the plan, Scenario 2 will be more likely. She added that Scenario 2 begins April 1, 2002. She reported that public comments begin 45 -days after the EIR is released and asked the citizens to watch for this report. Ms. Watt stated that both the Southern California Association of Governments and EIR -573 call for 8.4 MAP at JWA. Further, the citizens of Newport Beach and the corridor cities want 8.4 MAP at JWA, believing that there is no reason for additional airport capacity when it can be done at El Toro. Ms. Watt emphasized that the initiative will keep the caps at JWA and urged everyone to stop the Great Park Initiative which would kill the El Toro plan. Marcus Gunther stated that one of the major problems facing Council is how to deal with JWA, yet at the same time, there is a huge push to put another airport in someone else's backyard. Council Member Proctor stated that he also received the FAA report and that the first part of the report outlines what its responsibilities are: 1) the FAA is required to determine whether MCAS El Toro is essential, suitable, desirable, or reasonably necessary to fulfill the immediate and foreseeable future requirements for a public airport; 2) the FAA has a statutory responsibility to ensure that the proposed civilian aviation reuse would be conducted in a safe and efficient manner; and 3) the FAA reviews the airport design and runway configuration with respect to its safety, efficiency, and utility within the national airspace system. He reported that Congressman Mica who is the Chairman of the Senate Subcommittee on Aviation was briefed on this report today by Transportation Secretary Mineta and that Chairman Mica stated that, "Any concerns have been resolved by the FAA's conclusion that the El Toro airport can operate safely as proposed. I strongly support moving forward with the full development of El Toro as a passenger and cargo air transportation facility." He indicated that he agrees with this statement. Jim Hildreth, 120 The Grand Canal, presented a letter dated August 14, 2001, which states, "Mr. Kiff brought to my attention the repeated statement that the City does not have possession of these records. Does this mean that these records are in the custody of an outside agency or private company? If so, then please let me know the name of the agency or company and the name of the person whom I am to contact, so I may obtain a copy of these records as soon as possible." He indicated that, "The documents I am requesting are documents that were at one time in the custody of the City of Newport Beach." Mr. Hildreth referenced the front cover of the agenda, citing "It is the intention of the City of Newport Beach to comply with the Americans With Disabilities Act (ADA) in all respects." He asked if the City - installed ladder is safe and stated that, "I Volume 54 - Page 515 City of Newport Beach City Council Minutes October 9, 2001 asked for copies of the specifications for it. I am able to get these for the structure that was removed, that is a legitimate structure for the Grand Canal, yet I am unable to find copies which should have been allowed for me to have under the Government Public Information Act" He cited Section 6253(c) which states, "each agency, upon the request of a copy of records, shall within ten days of receipt of the request determine whether the request in whole or in part seeks copies of disposable public records in the possession of the agency and shall properly notify the person making the request of the determination and request thereof." He stated that, "It has been many days. It's August the 14th when I put together a list of (another copy for Mr. Kiff) the requested documents that were at one time in the custody of Newport Beach. These documents might well be found in the custody of the State of California, the County of Orange, the City of Newport Beach, other outside agency, or under contract in some private company or corporation, in which case I hope the proper procedure on how to obtain a copy of them will be divulged to me. In next meetings, I will be describing why I would like to have copies of these documents. The letter dated September the 12u` from the City Attorney, says in the very last part of it, `My suggestion is to this regard, is that you take time to appreciate the fact that you have one of few shore moorings on Balboa Island. "' L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Assistant City Manager Wood reported that the General Plan Update Committee met on Monday and finished their review of the draft State of the City report. She indicated that they will be working on final edits to that and that their next step is to start looking at the exercise for the visioning festival, the design of the website, and the portable display. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 11. PLANNING COMMISSION AGENDA FOR OCTOBER 4, 2001. Planning Director Temple reported that Items 1 and 2 were approved. She stated that Item 1 dealt with a reconsideration of a variance on Kings Road to exceed the height limit for a trellis and Item 2 was for an offsite parking agreement between two residential properties on Buena Vista Boulevard and West Bay Avenue. She indicated that Item 3 was a General Plan Amendment Initiation request in which the property owner wishes to change from Single - Commercial to Residential District within the Newport Shores Specific Plan. She reported that the initiation will come before Council for final initiation and then will be considered through the public hearing process once the property owner submits all the related applications. Motion by Council Member Glover to receive and file written report. The motion carried by the following roll call vote: Ayes: O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Volume 54 - Page 516 INDEX Planning (68) City of Newport Beach City Council Minutes October 9, 2001 N. Absent: Heffernan 12. RESOLUTION RELATING TO THE RECEIPT OF STATE GRANTS: BUCK GULLY, BIG CORONA, CLEAN BEACHES INITIATIVE, WATER QUALITY TESTS. Assistant City Manager Kiff outlined the four different State grants that the City received. He stated that the recommendation is to accept the grants by adopting a resolution, but reported that the resolution that is included in the staff report has been amended because the State Water Resources Control Board asked that specific language be included in the resolution. Mr. Kiff confirmed for Mayor Adams that Council received the amended resolution and copies were provided on the lobby table. Council Member Proctor noted that the staff report indicates that the City still has about $350,000 of the $400,000 available for additional studies between now and 2003. He noted that the circulation system in the wish list (Agenda Item 14) will cost about $50,000 and asked whether this money can be used to fund that. Mr. Kiff stated that it is a possibility, but pointed out that it is currently specifically set up for studies that examine the fecal coliform TMDL and its patterns of bacteria versus actually solving the problem of the bacteria. Mayor Pro Tem Ridgeway stated that the Sanitation District is picking up all costs related to dry weather diversions along the coast up to four' million gallons a day. He reported that, once the four million gallons is exceeded, they will back charge everyone who is using the diversion. He stated that they are currently at 2.8 million gallons a day, but it is reasonable to assume that they will reach four million gallons a day. Motion by Council Member O'Neil to 1) adopt amended Resolution No. 2001.86 authorizing the Mayor to accept four State grants as follows: a) $222,025 from Proposition 13 for restoration and water quality improvements in Buck Gully; b) $479,000 from Proposition 12 for visitor - serving improvements at Corona del Mar State Beach (Big Corona); c) $500,000 from Governor Davis' Clean Beaches Initiative for projects that reduce beach postings and closures in Newport Bay and along Newport Beach's ocean beaches; and d) $400,000 for water quality testing and studies associated with the Fecal Coliform TMDL; 2) authorize the City Manager to include these grants and related scopes of work for each project in the City's FY 2001 -02 Capital Improvement Program (CIP); and 3) approve a budget amendment (BA -011) incorporating the grants into the FY 2001 -02 CIP. The motion carried by the following roll call vote Ayes: O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: Heffernan Volume 54 - Page 517 INDEX Res 2001.86 BA -011 State Grants for Buck Gully, Big Corona, Clean Beaches Initiative, Water Quality Tests (40/51) City of Newport Beach City Council Minutes October 9, 2001 13. MARINE ATSHELLMAKER Motion by Council Member Glover to 1) authorize payment, from the American Trader oil spill account, for the costs of leasing and installing a temporary facility (a triple -wide mobile unit) to house the County Health Care Agency's water quality lab; 2) direct the City Manager to execute an interim cooperative agreement, short term lease or right of entry with DFG authorizing installation of the temporary facility to house the water quality lab; 3) direct the City Manager to develop, and submit for City Council approval, a cooperative agreement with other participants that establishes the process for the planning, design, construction and operation of the Marine Studies Center; 4) direct the City Manager to execute contracts with Ron Yeo (Architect) for planning and design services, Rick Ware (Biologist) for habitat restoration, and a geotechnical firm for a soil analysis of the site; and 5) direct staff to include the Dover Shores community in the design of the Marine Studies Center. The total contract price of each agreement shall not exceed $30,000 and all contracts shall be paid from the American Trader oil spill account. Mayor Adams reported that this item was discussed at length during the afternoon study session and that the meeting will be rebroadcast on Sunday. Council Member Bromberg stated that the Marine Studies Center is in his district and commended Mayor Pro Tern Ridgeway, City Attorney Burnham, and Assistant City Manager Kiff for working on this before he was on Council and for doing such a great job. The motion carried by the following roll call vote: Ayes: O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: Heffernan 14, A WATER QUALITY WISH LIST — WHAT NEWPORT BEACH COULD DO WITH $5 MILLION FOR WATER QUALITY. Assistant City Manager Kiff utilized a PowerPoint presentation to show what the City might do for water quality with $5 million that is not being done today. He reported that water quality goals include cleaning the water and making it safe for swimming and shellfish harvesting; managing the sediment; protecting the habitat; and preserving the diversity of uses. He indicated that the City's problems on a scale of 1 to 10 (10 being the worst) are trash (2) since it is unsightly, however, this does not mean that the water is unsafe; nutrients (5) like nitrogen and phosphorous which cause algal blooms that impair habitats for critters; toxics (7) like brake dust, heavy metals, and pesticides that impair the habitat for swimmers and critters; bacteria (9) since its presence might mean that something that makes swimmers sick is present too; and human pathogens (10) which is almost always present in sewage from a spill or an illegal boat discharge. He showed the signs that are sometimes present at the Bay which indicate that the bacteria levels Volume 54 - Page 518 INDEX C -3481 Marine Studies Center at Shellmaker Island (38/51) Water Quality Wish List (51) City of Newport Beach City Council Minutes October 9, 2001 1$N-11 1 have been tested and exceed health standards and that a sewage spill has occurred. Mr. Kiff reported that the waters are tested once a week in the Bay at 38 locations and three to five times a week at 21 beach locations from the Santa Ana River to Crystal Cove State Park. He explained that a Beach Mile Day (BMD) is the amount of beach mileage that is either closed or posted on any one day. He indicated that the City's beaches are doing well in that it only had 6 BMDs in 2000 and 9 BMDs in 2001. However, the Bay had 557 BMDs in 2000 and 541 BMDs in 2001. He explained that the problem with today's testing is that the 24-hour turnaround for water testing makes the process less effective. He further pointed out the problem areas which include the Santa Ana and Delhi Channel, San Diego Creek, Newport Dunes, Newport Slough, Newport Island, and Harbor Patrol Beach. He noted that the Santa Ana and Delhi Channel and the San Diego Creek are always exceedingly high with bacteria since these are where the urban runoff rolls in from the inland cities. He stated that Newport Dunes has had problems in the past with bacteria from the birds or a couple of storm drains. He reported that the Dunes has three storm drains, but the City has diverted one of them and will probably need to divert the other two. Regarding Newport Slough and Newport Island, he stated that there are chronic problems with bacteria and that they are trying to get to the bottom of this with a study that is currently underway. He reported that, for the first time, Harbor Patrol Beach has had extensive bacteria postings. He emphasized that the problems are caused by bacteria within runoff, not sewage. Mr. Kiff reported that the City follows the NPDES rulebook in which the City sweeps the streets once a week in residential areas and five to seven times a week in commercial areas. He noted that the parking enforcement associated with street sweeping does not occur everywhere. Further, he stated that the City inspects the catch basins annually and cleans basins that need cleaning every 18 months. He reported that the City's water quality ordinance (Chapter 14.36) attempts to control runoff into the storm drain system; however, he pointed out that it still allows runoff by residents. Mr. Kiff stated that the ordinance is enforced by the Code Enforcement Division and Environmental Officer Whisenant. He reported that the City provides water quality education at the Newport Harbor Nautical Museum for fifth graders; pays to clean sediment in the catch basins along University Drive; has scheduled the Upper Newport Bay Restoration Project for 2003 if it receives funding; and has reduced some of the nutrient by reducing sediment. Mr. Kiff reported that the City conducted bacteria tracking at the Dunes and West Newport this year, retrofitted five pump•a• heads, inspected the pump•a• heads and found some leaks, and removed trash with a boom and a trash rake. He pointed out that the City has a Sewer Master Plan to upgrade the pump stations with warning devices and conducts routine and special maintenance of the sewer lines which cost about $700,000 this year. He stated that the City has diversions to sewer lines at the Dunes and Buck Gully, and also has 40 catch basin filters in the Central Newport area. He reported that all these programs cost $4.7 million, but noted that not all the funding comes out of the City General Fund. Volume 54 - Page 519 City of Newport Beach City Council Minutes October 9, 2001 INDEX Mr. Kiff emphasized that education is still one of the most valuable tools in protecting water quality. Further, it may be time to study less and act more, even if the actions miss the target. He stated that living and working by the ocean and Bay may obligate the City to impose upon a property owner's rights more than we might prefer. He stated that the $5 million can be used to educate residents, businesses, upstream citizens, and boaters. He further suggested that better municipal practices should occur that keep the storm drains clean. He stated that parking enforcement with street sweeping should be conducted throughout the City; the City should assist people on how to get rid of household hazardous waste so they do not dump the waste into the storm drains; and clean the catch basins and v- ditches at least once a year or use catch basin screens. Mr. Kiff added that more structural fixes can be done, i.e. storm drain to sewer diversions, using more stormceptors, and using one -way flex valves in West Newport. He suggested that, in order to stop grease blockages from restaurants, the City should seed a grease interceptor fund. However, if a restaurant cannot install or afford an interceptor, the City should start an interceptor in -lieu fee which would pay for additional sewer line cleaning. Mr. Mff stated that the City could be doing more code enforcement by adding another position dedicated to water quality; could set up a couple of natural water quality wetlands to kill bacteria before it gets into the Bay and the ocean; could try an aeration system for West Newport; could find out what it would take to remove contaminated sediment from the Rhine Channel; and could replace some of the older pump -a -heads with the new system. Mr. Kif£ stated that the City could also be doing a few things for free. He indicated that the City could stop runoff by requiring all significant new private and public irrigation projects to use evapotranspiration sprinklers which only water when the ground 'and ' the weather indicates that it needs to be watered. Further, the City should embrace the concept of controlling and treating runoff on sight by requiring permeable pavements for parking lots and getting aggressive about Runoff Management Plans. Mr. Kiff stated that, in Buck Gully and the areas of special biological significance, the City needs to work with the homeowners to remove all of their irrigation -heavy laridscaping or require them to retain any seepage for reuse. He reiterated that Council needs to look at requiring grease interceptors or allow the restaurants to pay an interceptor in -lieu fee that is equal to the cost of additional sewer line cleaning. Mr. Mff stated that every City employee should be water quality educated to know what good practices are and they should also educate the residents. He suggested providing educational materials to individuals requesting a business license and asking them to sign a pledge that they will be water quality - friendly. He stated that the City should also encourage neighbors to educate each other about behaviors that contribute to good or bad water quality. He indicated that he also encourages the reporting of violations to a hotline so the City can do a follow -up with education. Mr. Mff concluded by pointing out that the staff report contains a chart that shows how much each of the programs would cost (totaling $5 Volume 54 - Page 520 City of Newport Beach City Council Minutes October 9, 2001 million). INDEX Mayor Pro Tem Ridgeway stated that he likes the suggestions, but emphasized that a cost benefit analysis needs to be conducted. He indicated that any program that the City undertakes should have something that states the ultimate benefits. Regarding the grease interceptors, he reported that the Regional Water Quality Board is going to start enforcing spills. He agreed that Council needs to look at grease interceptors and some type of program for the restaurants that do not have them. Council Member Glover stated that she requested this staff report and added that, at some point, the City needs to address the problems involved with feeding the birds. Motion by Council Member Glover to direct Assistant City Manager Kiff to come back with a report that dedicates $1.5 million for the next three years out of the general operating funds ($5 million total) for water quality solutions. Council Member Glover reported that, when she was the Chair of the Harbor Quality Committee, a law was adopted that described what was good and bad water. She indicated that, because of this law, signs started to be posted in West Newport when it never had them before. She initially believed that Council would clean this up; however, there still continues to be postings. She stated that enough time has gone by and that Council should be looking at budgeting money to clean up the water to the best of its ability. She emphasized the importance of this issue and noted that Public Works Director Badum has some ideas about what his department can do to get more grass into the community instead of cement and asphalt. Further, his department would look at projects with relation to urban runoff. Council Member Glover stated that there is a new spirit in the City and believed that Mr. Kiff and Mr. Badum have the proper attitudes about the City's involvement. She expressed the opinion that it is time for Council to step up and be committed. She suggested that the City also educate beachgoers by providing them with water quality pamphlets when they are in the parking lots. Further, the City will also need to conduct upstream education. Council Member Proctor expressed hope that the aeration/circulation system (Project 8A) and vactor pumping of West Newport flows (Project 4E) could be started as soon as possible. He agreed with Council Member Glover that it is time that the City made a commitment to spend the money and solve the problems, and to find out which projects to address first and where the money should come from. Council Member Bromberg agreed that priorities need to be set. He stated that, although this is a wish list, he believed that the City needs to give serious consideration to turning the wish list into reality. He indicated that he would like to see this start with education. Mayor Pro Tem Ridgeway agreed that the City owes it to the West Newport community and the Newport Island area to commence some Volume 54 - Page 521 City of Newport Beach City Council Minutes October 9, 2001 type of mitigation, in addition to the viral testing. Regarding the Rhine Channel, he indicated that some experts say to leave the sediment in place and noted that removal would be very costly. He stated that the City may want to look at this in the future. Regarding the motion, he pointed out that no money will be available for the next four years to dredge the Bay and cautioned Council about spending money. David Vesel, 3318 Via Lido, stated that he wished the list was able to be put into motion immediately and commended Mr. Kiff for preparing it. He stated that the World Water Rescue Foundation has been very active and helped designate 2003 as "The Year of Fresh Water" through the United Nations. He discussed the PBS program called "Water" and stated that the developer of the program is on the Board of Directors. He indicated that the Foundation's main goal is education and that they would be happy to assist the City at no cost. Mayor Adams clarified that the motion was to come back at a future meeting with recommendations about the $1.5 million spending over three years and possible funding sources. Council Member Bromberg added that it would be good to have a unanimous vote, noting that someone can bring this back for reconsideration if it was determined that it was not feasible. The motion carried by the following roll call vote: Ayes: O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: Heffernan O. MOTION FOR RECONSIDZRATION - None. P. ADJOURNMENT- 9:10 p.m. r The agenda for the Regular Meeting was posted on October 3, 2001, at 2:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 54 - Page 522 INDEX