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HomeMy WebLinkAbout01 - 11-27-2001December 11, 2001 Agenda Stem No. 1 CITY OF NEWPORT BEACH City Council Minutes ® /®�T Study Session DRAFT November 27, 2001- 4:10 p.m. INDEX Present: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor Absent: Mayor Adams (excused) 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Regarding Agenda Item 11 (Appointments to Environmental Quality Affairs Committee), Council Member Glover asked if Council is requiring that the appointed person have knowledge of the California Environmental Quality Act (CEQA) to be on EQAC or if this was an EQAC rule. City Clerk Harkless reported that the resolution states that EQAC should consist of three members that have knowledge of CEQA administration or environmental issues of concern to Newport Beach. Council Member Glover requested to find out, prior to tonight's meeting, when this provision was first included in the resolution. She indicated that she wants to know if Council set this as a criteria for EQAC and, if so, she will speak to it at another meeting. 2. PROPOSED JOINT USE MARINERS LIBRARY PROJECT. Council joined Board of Library Trustees Members Patrick Bartolic, Walt Howald, and Karen Clark; School Board Member Serene Stokes; and Mariners Elementary School Principal Pam Coughlin at the Chamber conference table. Community Services Director Kienitz reported that, when the State approved money for parks in 2000, they also approved $350 million for libraries. She indicated that 65% of this money will come from the State and 35% will be coming locally. She stated that the City branch that really needs help is Mariners Library, that an ad hoc committee started meeting last January, and that the staff report is a summation of what has happened throughout the year. She stated that the awarding of funds is competitive and that there are other opportunities to apply for it; however, the committee feels this round is the only chance the City has to get the funds. Ms. Kienitz stated that the first priority the State has is for joint projects. She indicated that the committee believes that a joint project with the school library would be the best chance to be awarded the grant and clarified that the agency applying for the grant would be the City. She reported that the Mariners Library is a little more than 8,000 square feet and indicated that they looked at many scenarios and decided that, in order to do an integrated project which uses School District money to help fund the project, the library needed to be on a school site. She stated that they are proposing a two -story Volume 54 - Page 579 Mariners Library (50) City of Newport Beach Study Session Minutes November 27, 2001 INDEX library at Mariners Elementary School that is about 12,500 square feet and reported that this would require a lease and an operating agreement since it is on school grounds. She added that they are suggesting that the School District release its State funds that they receive per capita for additional materials for the public library. She pointed out that the children will be getting the best technology that can come out of a public library and the community will be getting an enlarged library that will still have the after school homework center and a community room. Ms. Kienitz noted that they already have gone through a few sketches with the architect. She reported that the School District will need about $100,000 a year for ongoing funding because it is going to cost more to run this library, there are upfront costs to get the architectural plan before the State, and there are athletic facilities that have to be relocated. She stated that the approved cost for the project is about $2.5 million; however, it could actually be a $3 million project with the bookshelves, computers, landscaping, and parking lot. She reported that, the project could receive $2 million in grant funds, but someone locally would have to raise about $1 million. Trustee Howald indicated that there has not been as lengthy a study as Ms. Kienitz might imply because they really started looking at this last summer. He indicated that the group felt this was an idea that was hard to pass -up since $1 will get $3 back. He announced that some of the branch employees are also present in the audience. He pointed out that they have a wonderful program for the kids at the branch and now have the opportunity to open the park for the citizens since it is used frequently. He added that this involves a minimal cost and will expand library hours to accommodate school and citizen needs. He noted that the City does not have to do this project, but the opportunity is here. He stated that a group can raise the money if they have a proven ability to pull projects together and indicated that he has attended parent meetings in which they want to spearhead the fundraising. Mr. Howald reported that teachers have to walk their classes to and from the library which loses valuable class time and added that parking is not good for any of the recreational facilities. He stated that this is a vision at this point and that they are bringing this before Council for advice and input. Council Member Glover believed that all of the City's libraries should be joint because the schools are not appropriately booked or large enough for the school populations they serve. She indicated that this project will probably be $4 million because there are always overruns. She asked if the library can be named after someone if they donate the money and if a volunteer group has identified themselves as the group who will try to raise the money. She expressed concern that no volunteer group is present. Council Member Glover believed that the City will apply for this money and will probably have to pick up the remaining amount because the School District never has enough money. She indicated that she requested staff to sit down with the interested group before this was presented to Council so she could get more information about them. In response to Council Member Glover's question, City Manager Bludau stated that he feels that the existing library building is a problem and will cost the City a lot of money over the years to upgrade. He agreed that this is Volume 54 - Page 580 City of Newport Beach Study Session Minutes November 27, 2001 INDEX a good opportunity. He indicated that he would like to see the existing building torn down because people will think there could be another use for it; however, the City will still end up with the same problems as it has today. Principal Coughlin stated that they have been working on this since July 10. Following discussion relative to funding, Council Member Bromberg stated that it seems like this is something they are looking at the City to pay for. Mayor Pro Tem Ridgeway noted that there has to be financial commitments even before applying for the grant. Mr. Bludau added that the financial commitments would need to be made very soon in order to get the application prepared by June. In response to Council Member Heffernan's questions, Ms. Kienitz stated that the staff report contains estimates on what it would take to get a plan that meets all State and CEQA requirements. She stated that the estimated matching fund will be about $125,000 and that it would need to be done now, be certified and in escrow, and be available to the City by the time the application is submitted (June 14, 2002). Council Member Heffernan asked what the motivation would be to raise the funds if the City has to certify them. Ms. Kienitz emphasized that the committee never talked about the City funding this project. School Board Member Stokes reported that the new library would be state - of -the art and have technology and research departments that could also access the Central Library. Council Member O'Neil believed that this project is innovative, shows vision, and is needed; however, it is hard to raise $1 million to $2 million in this short amount of time. He believed that the conceptual plans, architectural documentation, and environmental documentation would cost about $250,000, and that this means the City would have to risk $250,000 up front on the hopes that the community will come up with over $1.2 million in three to four months. He stated that he is not sure whether that commitment is out there in the community. He stated that, even if June comes around and the City has to come up with the difference that the community has not raised, he is not sure this would be a bad investment, especially if the City is getting a new facility. He believed this is a win -win situation and the City needs to focus on the fact that it is a wonderful concept. He emphasized that the City is going to have to expect that it is going to invest a significant amount into this project, adding that he does not have a problem doing this. Ms. Mentz agreed that the fundraising is significant and seems to be the biggest hurdle. She stated that the initial cost may not be as high because it may not require a significant CEQA cost or major study. Mr. Bludau agreed that the $250,000 initial cost is not realistic because building plans are not required at this point. He indicated that it seems that Council may want to take the position.that they will pay the initial costs to ensure the application is ready by June. He emphasized that the City will not make the application unless the community steps forward with a significant amount. Council Member Glover agreed with Council Member O'Neil, but indicated that she would like to spend 60 days working with the school to see what can be achieved. She expressed the opinion that someone who wants a library Volume 54 - Page 581 City of Newport Beach Study Session Minutes November 27, 2001 INDEX named after them may want to donate the funds. Noting that architectural drawings are expensive, Mayor Pro Tern Ridgeway suggested that architects respond to Request for Proposals in the future. He stated that this project is long overdue and reported that parking in that area is insufficient. He pointed out that the existing building is old and the community rooms are small. However, he reminded everyone that Council has a fiduciary duty to the City and that they are being cautious because they know they always end up paying the bill. He agreed that their effort would have been better received today if someone was present and saying they have $100,000 for the project. He noted that this has been on the fast - track since July. He stated that Council is saying to move forward since it is a win -win project and a new building is needed. Further, if this means that some type of financial obligation in the future is needed, Council can evaluate it. He suggested that they try to raise $1.5 million because this project will probably cost $4 million. He stated that there may be a way to ask for more funding from the State. Mr. Bludau expressed concern that the grant will not happen if the City hires an architect after 60 days. Council Member Glover indicated that she is just saying that she is willing to work with a group, if there is one, and the Parent - Teacher Association to get something going as soon as possible. Trustee Howald stated that the school does have a foundation. Council Member Glover stated that she is not sure if that is the appropriate group. Council Member Proctor agreed that this is an opportunity that should not slip through their fingers; however, Council cannot let a lot of money slip through either. He suggested having an action item in a few weeks with harder figures. Mr. Bludau suggested bringing Phase I back to Council at the next meeting that includes an architect and a cost estimate. He stated that the City can end this after Phase I or see if it wants to make the commitment and hire an architect. Mayor Pro Tern Ridgeway noted that the Parks, Beaches and Recreation Commission (PB &R) has been left out of the discussions. Trustee Howald explained that the fundraising groups did not come today because they did not invite anyone and added that Mariners Elementary School is going through its own redesign in which they have their own architect. He believed that Mr. Bludau's suggestion would be very helpful. He reported that they made a presentation to PB &R who seemed positive about the project. He assured Council that none of the athletic fields will be moved until the application has been approved and the funds are available. Mayor Pro Tern Ridgeway noted that the fields are only being moved about 10 feet. Mayor Pro Tern Ridgeway emphasized that citizens voted for the bond which pays for school improvements. He stated that the committee should go back to the Superintendent and Mike Fine and find money for at least the parking lot. He indicated that this will go a long way towards helping the budget. School Board Member Stokes stated that she would be glad to carry this message and thanked Council for their enthusiasm. She clarified that, unless the school's parking lot was a part of the master plan for Measure A, Volume 54 - Page 582 City of Newport Beach Study Session Minutes November 27, 2001 they will not be able to use these funds; however, most of the schools did list their parking lots. She indicated that parents have been in touch with another Board Member and expressed their enthusiasm to work on this project. She believed that they will find a lot of people in the community that are eager for the new library and see it as an asset, not only for the youngsters, but for all the members of the community. Ms. Stokes stated that they will work as hard as they can and believed that they will be able to raise the money for the project. She indicated that they will discuss this in a study session with the School Board. Mayor Pro Tem Ridgeway reiterated that this item will be agendized for the December 11, 2001, regular meeting. 3. NEW REGULATIONS ON STORMWATER AND URBAN RUNOFF: PROPOSED 5 -YEAR MUNICIPAL PERMIT. Assistant City Manager Kiff stated that, at the November 13 Council meeting, there was discussion on a new permit that is under consideration by the Santa Ana Regional Water Quality Control Board for the regulation of runoff into the City's. storm drain system. He indicated that Council action was deferred and that it was suggested that this be discussed further. He reported that the Regional Board has told the City that they still anticipate adopting the permit on December 19, 2001, but they may not have a quorum at that meeting. He stated that the City has missed the November 19 deadline for submitting comments; however, the City can still provide its comments any time between now and December 19. City Manager Bludau indicated that the City can probably forward its comments to each of the Regional Board Members to ensure that they are aware of them. Mr. Kiff indicated that Council can take an action at the December 11, 2001 Council meeting, which will give the Regional Board about seven days to review the comments. Mayor Pro Tem Ridgeway reported that the City is probably one of two hundred cities that will be submitting positive comments. Mr. Kiff indicated that the executive officer mentioned this and stated that he was looking forward to the comments. Mr. Kiff reviewed the bullet items and subsequent questions in the staff report that deal with prohibited discharge, on-site treatment [Standard Urban Stormwater Mitigation Plan (SUSMPs)], and inspections. He indicated that the staff report also contains specific language from the permit, including sections from the Newport Beach Municipal Code (Attachment A). In response to Council Member Bromberg's questions, Mr. Kiff reported that the City needs to analyze, by 2003, whether existing prohibitions against commercial hose downs with Best Management Practices (BMPs) are working. He stated that, if businesses are not using the BMPs or the BMPs do not adequately keep the water clean, commercial hose downs should be prohibited. He clarified that the permit does not say that the sidewalks cannot be hosed down; however, it does say that the water from the cleanings cannot go into the storm drain system. He stated that the City will need to enact a system or require businesses to enact a system that stops the water before it gets into the storm drain system. He indicated that they Volume 54 - Page 583 Uf NCO .1 Stormwater and Urban Runoff Regulations (51) City of Newport Beach Study Session Minutes November 27, 2001 INDEX have not done a cost estimate for this. Mr. Bludau reported that there are machines that will suck up the water that has cleaned the sidewalks. Council Member Bromberg noted that the Balboa Island Business Improvement District spends almost 50% of its budget to steam clean the sidewalks and expressed concern that this would end up utilizing most of their money. Mr. Kiff noted that, after the existing permit was enacted more than five years ago, the City adopted an ordinance that reflected the permit requirements. He indicated that it is his belief that any type of commercial hose down, steam cleaning, or wash water contains pollutants and is prohibited. He noted that code enforcement has a hard time determining where the pollutants are since they only conduct visual inspections. Mr. Kiff utilized an overhead projector and reported that, by July 1, 2003, the City needs to ensure that wash water discharges from the cleaning of municipal, industrial, and commercial sites, including parking lots, streets, sidewalks, driveways, patios, plazas, work yards, or outdoor eating or drinking areas are prohibited. He indicated that Council can propose additional control measures in lieu of prohibiting the discharges, but the City needs to show that the BMPs work. Regarding pet waste, he stated that the ordinance prohibits anyone from hosing pet waste, yard waste, litter, debris, or sediment into the storm drain system. Council Member Glover asked if this meant that a neighbor can call code enforcement on someone for watering their yard too much. Mr. Kiff stated that the City should cite the person if contaminants are present in the excess irrigation flow. He indicated that this is difficult to enforce and requires a strong City commitment and enforcement. Mayor Pro Tern Ridgeway pointed out that a person can wash their car using detergent, but cannot wash off the driveway. Mr. Kiff clarified that a person can wash off the driveway as long as it does not have any pet waste, yard waste, litter, debris, or sediment in it. Council Member O'Neil noted that one of the overheads highlighted what the Regional Board will most likely adopt on December 19, 2001. Mr. Kiff agreed that, if the City does not write its letter stating its position, they will likely still adopt it. He reported that the Regional Board is set up to contain nine members, but they currently only have five members who are inclined to vote for the permit right now. Council Member O'Neil asked if the City's letter will be compelling enough for them to change their vote after they have already studied and reviewed it, noting that the State Board has upheld most of San Diego's permit. Mr. Kiff stated that the permit may be approved as written; however, the City needs to determine if there is a reason to get "out front" on this issue and support what the Regional Board is proposing since it would also apply throughout the watershed. He emphasized that the City has a significant problem with urban runoff from other cities and, in order to tackle this, it needs this permit in place. Mayor Pro Tern Ridgeway added that the Harbor Quality Committee unanimously endorsed the permit and that Council should be at the cutting edge on this. Council Member Proctor asked how this permit is less restrictive than San Diego and Los Angeles Counties' permits. Mr. Kiff expressed the opinion that the proposed permit is equally as tough if it is enforced by the letter of the permit. He indicated that he can report back on whether the other permits include language about pet waste, yard waste, litter, debris, and Volume 54 - Page 584 City of Newport Beach Study Session Minutes November 27, 2001 INDEX sediment. In response to Mr. Bludau's question on whether it is permitted to push pet waste into the street, Mr. Mff indicated that the City could cite the person for littering in the right -of -way. Mr. Kiff utilized an overhead to list the current exemptions, such as rain, flushings from potable lines, air conditioning condensate, landscape irrigation, lawn watering, irrigation water, and non - commercial vehicle or boat washing. He stated that, if any of these discharges are identified by the permittees or the executive officer as a significant source of pollutants, coverage under the Regional Board's De Minimus permit may be required. Mayor Pro Tern Ridgeway emphasized that this is cumulative and expressed his hope that code enforcement officers will first give a warning before issuing citations. Mr. Kiff reviewed the recommendations made at the November 13 Council meeting to authorize the Mayor to issue a letter to the Regional Board stating the City's position; direct the General Plan Update Committee to include water quality and the permit into the General Plan Update; and direct staff to report back to Council on the environmental and economic effects of adopting a Citywide SUSMP or structural BMP. Council Member Glover stated that the Air Quality Management District (AQMD) has found that they have not been able to change personal habits with rules and regulations, and so most of the rules have fallen on businesses. Mr. Kiff noted that it is his understanding that the permits for San Diego and Los Angeles are similar regarding prohibiting commercial hose downs. He explained that these regulations come from the interpretation of the Regional Board's staff and the U.S. Environmental Protection Agency's (EPA) interpretation of what the Clean Water Act is requiring from the State. He stated that no money is withheld by not following the permit but the public agency may be significantly fined ($25,000 a day). Nancy Skinner stated that she asked a Regional Board staff member, Mike Adackapara, about the sidewalk hose down issue and he indicated that the City has to come up with a system for cleaning that achieves the goal of no pollutants into the bay by 2003. Mayor Pro Tern Ridgeway asked if it would be acceptable for someone to sweep the sidewalk first and then hose it down. She indicated that Mr. Adackapara said the sidewalks can be swept, but using some type of vacuum is better than sweeping. Further, he implied that hosing down the sidewalks could be acceptable if the water that was used to wash off the sidewalks was tested to ensure that no pollutants were present. She indicated that she told Mr. Adackapara that the City has a tourist industry that pollutes the streets and encouraged him to provide more specifics on how other cities have succeeded in meeting the goal in a more cost effective manner. She stated that he told her about a County task force and that there may be a way to get the Regional Board more actively involved in getting answers on how to achieve the goal without being draconian. She indicated that she got the sense that the Regional Board is reasonable and realistic. She believed that it would be appropriate for the City to take the burden off of small businesses. Mayor Pro Tern Ridgeway indicated that the Sanitation District is trying to figure out what will happen Volume 54 - Page 585 City of Newport Beach Study Session Minutes November 27, 2001 INDEX to all the water that the vacuums suck up. Ms. Skinner believed that residential car washing is not prohibited as long as there are no cumulative impacts. She added that not many people wash their own cars, but expressed concern with people cleaning their motors with a chemical spray. She concluded by stating that it is important to require SUSMP. Bob Caustin, Defend the Bay, distributed a letter that was sent to the Regional Board and referenced Page 3 which compares the different permits. He stated that the proposed permit falls short of what Los Angeles is doing to protect Santa Monica Bay, and also falls short of San Diego's permit. He believed that the permit should follow Los Angeles' permit in requiring construction sites to retain sediment for projects above two acres, rather than five acres. Further, he pointed out that existing commercial and industrial establishments will not be inspected as frequently as in Los Angeles. He expressed the opinion that this permit is probably the most important thing the Regional Board is going to do since it establishes the limits for pollutants that are allowed to enter from Riverside and San Bernardino areas. He emphasized that their runoff enters the drinking water recharge, as well as washes into the ocean. Additionally, he pointed out that there are no standards or models for maintenance procedures for the municipal facilities and activities. Mr. Caustin reiterated that the proposed permit is weak and does not discuss auditing. He emphasized that SUSMP needs to be a part of this to control runoff. He expressed his hope that the City will support his letter and go on record with the Regional Board. Regarding sidewalk cleaning issues, he stated that a merchant can buy a shop vac for $135. Council Member Glover stated that she concurs with what Los Angeles does with its construction sites and believed that the Regional Board will find out very soon that they need more inspectors. Further, she also agrees with Los Angeles' existing commercial and industrial establishment requirements. She indicated she votes on AQMD issues even though it does not affect Orange County because she tries to respect the needs of San Bernardino and Riverside Counties. She believed that Council needs to take that same approach and expressed her hope that the Inland Empire counties will also follow these regulations. Mayor Pro Tom Ridgeway requested that Mr. Caustin's letter be included in the December 11, 2001 packet. He stated that he agrees with Council Member Glover and added that more inspections are better. He noted that the City is already doing some of the things Los Angeles is doing; however, inland cities probably are not. Mayor Pro Tern Ridgeway thanked the National Resources Defense Council, Defend the Bay, and Dr. Richard Horner for their work, but noted that Council does things incrementally. He assured everyone that they will look at this very seriously. PUBLIC COMMENTS — None. CLOSED SESSION ANNOUNCEMENT — City Attorney Burnham recommended that Council also discuss in Closed Session a situation in which there is significant exposure to litigation based upon existing facts and circumstances that are in a memorandum that is on file with the City Clerk. He reported that the Volume 54 - Page 586 City of Newport Beach Study Session Minutes November 27, 2001 circumstances occurred today and that they are recommending that Council amend the agenda by adding an item that arose after the agenda was posted. He stated that this needs a unanimous Council vote to be discussed. Motion by Council Member Proctor to add this issue to the Closed Session agenda. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor Noes: None Abstain: None Absent: Mayor Adams ADJOURNMENT — 5:50 p.m. �xxx� *,t�x�rxaxk��+raaa The agenda for the Study Session was posted on November 21, 2001, at 11:20 a.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 587 11013ij CITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 27, 2001 - 7:00 p.m. INDEX — 4:00 p.m. CLOSED SESSION — 6:00 p.m. RECEPTION FOR SENATOR ROSS JOHNSON - 6:30 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor Absent: Mayor Adams C. CLOSED SESSION REPORT — Mayor Pro Tern Ridgeway announced that in Closed Session, by a unanimous vote, the City Council authorized the City's participation in litigation filed in the Orange County Superior Court, bearing Case No. 01CC15077. D. PLEDGE OF ALLEGIANCE — Council Member Heffernan. E. INVOCATION — Reverend Lloyd H. Sellers, Hoag Memorial Hospital Presbyterian. F. Presentations to Senator Ross Johnson and Louise Greeley. Mayor Pro Tern Ridgeway noted the reception that was held earlier, and welcomed and thanked Senator Ross Johnson and Ms. Louise Greeley for their hard work with Sunset Ridge Park. He noted that Ms. Greeley showed that persistence pays, as she stayed focus on her dream of a park at Sunset Ridge. Mayor Pro Tern Ridgeway stated that Senator Johnson represents Newport Beach in the California State Senate and serves on at least six standing committees. He stated that Senator Johnson is being honored for sponsoring Senate Bill 124 (SB124), which is the bill that helped the City acquire the land for Sunset Ridge Park from Caltrans. He acknowledged some of the other work done by Senator Johnson and noted how well he represents Newport Beach. Mr. Ken Emanuels, the City's lobbyist in Sacramento, additionally stated that Senator Johnson is a great orator and knows how to legislate. Mr. Emanuels complimented Senator Johnson on his success in securing more than $20 million for the back bay dredging project over the past five years. Mayor Pro Tem Ridgeway noted that SB124 allowed the City to purchase the land for Sunset Ridge Park from Caltrans for the same price that they paid for it. He Volume 54 - Page 588 City of Newport Beach City Council Minutes November 27, 2001 INDEX noted that this is approximately a $2.85 million savings to the City. Mayor Pro Tem Ridgeway then presented awards to both Senator Johnson and Ms. Greeley recognizing their efforts in completing the acquisition of the land for Sunset Ridge Park. Senator Johnson stated that it is a pleasure to work with the City. Ms. Greeley stated that she was proud to be the recipient of such an award and thanked those who supported her efforts. Council Member O'Neil also recognized former Senator Marion Bergeson, in attendance at the meeting. Council Member Proctor additionally acknowledged the efforts of former Council Member Debay, Assistant City Manager Kiff and the many other people involved. Council Member Glover expressed her appreciation for the intelligent and attentive representation that Senator Johnson provides the City. She stated that the citizens in Orange County should be proud to have him as their senator. Presentation of Wastewater Collection System of the Year Award. Mayor Pro Tem Ridgeway stated that Utilities Superintendent Ed Burt would be receiving the award on behalf of the Wastewater Division that operates and maintains the City's wastewater system. Mayor Pro Tem Ridgeway stated that the California Water Environment Association (CWEA) is comprised of wastewater professionals throughout the State dedicated to enhancing quality of service provided by wastewater agencies. He presented the 2001 Collection System of the Year Award from CWEA to Superintendent Burt. Mayor Pro Tem Ridgeway complimented Superintendent Burt on his efforts. Superintendent Burt acknowledged the award and, noting his degree from California State University at Long Beach, thanked the City Council for the tuition reimbursement program offered to City employees. Visioning Festival Announcement. City Manager Bludau announced that the General Plan Update Committee, which has met since October 2000, has set January 12, 2002, at Hoag Hospital for the kickoff of the general plan update process. He stated that there would be two sessions, one from 10:00 a.m. to 12:00 p.m. and another from 1:30 p.m. to 3:00 p.m., and that the sessions would include an explanation of the general plan, how the public can participate in the update process and what the process would entail. He stated that the public is invited and encouraged to attend. Mayor Pro Tem Ridgeway noted that there are 74,000 residents in Newport Beach and, again, urged everyone to attend. Council Member O'Neil noted that the festival would be taking place at the lower campus facility of the hospital, which is accessed off of Coast Highway. Council Member Heffernan thanked Hoag Hospital for hosting the event. 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 (VON- DISCUSSION ITEM): In regards to Measure G, Council Member Heffernan stated that he was the only Greenlight candidate and one of three council members who voted against the Koll project. The other two were Council Members Proctor and Bromberg. He announced that the Koll project was defeated and it is hoped that the elected officials will take a more Volume 54 - Page 589 City of Newport Beach City Council Minutes November 27, 2001 constrained view on growth in the community and deal with the traffic issues, so that future votes are minimized. Council Member Heffernan indicated the importance of the general plan update, which many feel should be done prior to approving any new projects. He urged the community to get involved with the general plan update process. Council Member Bromberg announced that a Home Tour on Balboa Island would be taking place on December 9, 2001, at 12:00 p.m. He stated that it's a special event and that tickets are on sale for $15.00 at stores on Marine Avenue. Council Member Proctor reminded staff of his request to receive a report on the feasibility of the Police Department patrolling the harbor, as discussed at the Study Session of November 13, 2001, during Item No. 4, Contracting Out for City Services. Council Member Glover asked about her request to have the issue of ficus trees discussed during a Study Session. City Manager Bludau stated that the item would be agendized for the Closed Session of December 11, 2001, due to the liability issues. I. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar by a member of the audience. 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. ORDINANCE FOR INTRODUCTION 3. Item removed from the Consent Calendar by Council Member Heffernan. ORDINANCE FOR ADOPTION 4. AMENDMENTS TO THE NEWPORT BEACH MUNICIPAL CODE REQUIRING USE OF FRANCHISED HAULERS FOR DEMOLITION ACTIVITIES, AND AUTHORIZING THE GENERAL SERVICES DIRECTOR TO ENFORCE THE SOLID WASTE MANAGEMENT ORDINANCE. Adopt Ordinance No. 2001 -22 adding Section 15.02.035 to Chapter 15.02 pertaining to Uniform Administrative Code and amending Section 1.12.020 of Title 1 pertaining to enforcement of Chapter 12.63 of Title 12. CONTRACTS AND AGREEMENTS 5. BALBOA ISLAND BRIDGE BEAUTIFICATION (C -3375) — REJECT ALL BIDS. 1) Reject all bids; and 2) direct staff to modify Volume 54 - Page 590 INDEX Ord 2001 -22 Demolition Activities (42144) C -3375 Balboa Island City of Newport Beach City Council Minutes November 27, 2001 the plans and specifications as again. MISCELLANEOUS ACTIONS and put the project out to bid 6. BUDGET AMENDMENT FOR FY 2001 -02 NPDES PROGRAM. Approve Budget Amendment (BA -021) increasing the City's contribution to the County of Orange's NPDES administration by $16,291.14 from $20,000 to $36,291.14. CLASSIFICATION AND COMPENSATION STUDY FOR KEY AND MANAGEMENT POSITIONS. 1) Approve a 2.5% cost of living adjustment effective July 1, 2001 for all employees currently classified in a Key & Management position (cost = $138,173); 2) adopt the list of classifications and salary ranges as the new Key & Management group; and 3) approve placement of Key & Management employees into the new salary ranges (cost = $56,271). Motion by Council Member O'Neil to approve the Consent Calendar, except for those items removed (1 and 3). The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor Noes: None Abstain: None Absent: Mayor Adams J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETINGS OF NOVEMBER 13, 2001 AND SPECIAL MEETING OF NOVEMBER 16, 2001. Jim Hildreth, 120 The Grand Canal, stated that on Page 560 of the Regular Meeting minutes, it is stated that he read a statement by the Mayor. Mr. Hildreth requested that what he read be included in those minutes. Additionally, on Page 563, he stated that he asked if the Coastal Commission approved the ladder, and requested that this be corrected in the minutes also. Motion by Council Member O'Neil to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor Noes: None Abstain: None Absent: Mayor Adams Volume 54 - Page 591 INDEX Bridge (38) BA -021 NPDES Program (40/51) Classification & Compensation Study /Key & Management Positions (66) City of Newport Beach City Council Minutes November 27, 2001 3. ORDINANCE EXTENDING NON - EXCLUSIVE FRANCHISES WITH ADELPHIA & COX CABLE COMMUNICATIONS. Council Member Heffernan explained that there is very little the City can do in regards to the franchise agreements with the cable companies because of heavy federal preemption. He reported, however, that the City has hired a consultant to do a needs assessment with the residents. He stated that the needs assessment will find out what the residents want and how they feel about the current job done by the cable companies. He stated that the consultant will also conduct a comparative view of other communities to find out what the cable companies can provide to the City in exchange for the franchise agreement, what fees are charged, etc. Council Member Heffernan stated that the contracts on being extended to January 2003, while this information is gathered and negotiations are conducted. Jim Hildreth, 120 The Grand Canal, stated that he recently had difficulty in contacting someone at Adelphia who could provide him with a tape that he was requesting. Motion by Council Member O'Neil to introduce Ordinance No. 2001 -23 and pass to second reading on December 11, 2001. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor Noes: None Abstain: None Absent: Mayor Adams K. PUBLIC COMMENTS • Jim Hildreth, 120 The Grand Canal, presented a letter to Mayor Adams, dated November 16, 2001, and another letter to the Daily Pilot, dated November 19, 2001. He requested that these letters be entered into public record. Mr. Hildreth stated that The Grand Canal has two "platform and steps" structures that are legitimate. He noted that the two styles are shown in Standard Drawing Nos. 602 and 603. He agreed that a structure that does not meet the current codes should not be constructed, and added that he and his family are willing to purchase a permit. He noted some of the structures that have been removed and some of those that are allowed to remain in The Grand Canal. • Curt Herberts, 2290 Channel Road, reported on the conditions that currently exist in the Balboa Village area. He stated that Balboa Boulevard has been reduced to one lane and the parking is gone on both sides of a four -block area. He predicted that of the 25 to 30 businesses in that four -block area, only half of them will exist by January. He explained that they can't do any business without Volume 54 - Page 592 INDEX Ord 2001 -23 Cable TV Franchises (42) City of Newport Beach City Council Minutes November 27, 2001 INDEX available parking in front of their establishments. Mr. Herberts also reported that the contractor of the project could get the job done faster by using more people on the job. Mayor Pro Tern Ridgeway stated that the City Manager and the Public Works Director are looking into the situation. He requested that a report be provided at the City Council meeting of December 11, 2001. Mayor Pro Tern Ridgeway announced that by the start of the boat parade, 100 of the 300 lost parking spaces should be made available. Virginia Herberts, 2290 Channel Road, stated that her heart breaks for the business owners because they work so hard and they currently have no clients. Additionally, she stated that she thought the mature trees would remain but that, just the other day, she saw some of the mature eucalyptus being cut down. She again stated that the parking that has been removed is going to hurt the businesses and that parking has to be made available in front of the businesses, like on Balboa Island. Richard Esposito, 609 Larkspur, stated that his car was recently cited and towed, he received the paperwork from the Police Department and discussed the fee with G & W Towing. Mr. Esposito stated that he felt he was overcharged for the storage fee. He expressed his dissatisfaction with not being able to meet with the Chief of Police regarding the issue. He stated that he was able to meet with Revenue Manager Everroad, who looked up the contract with G & W Towing and discovered that they did indeed overcharge him. Mr. Esposito complimented Revenue Manager Everroad's efforts and added that he went on to audit G & W Towing, which resulted in 366 other people receiving reimbursements totaling $8,248.75. Charles Griffin, 732 Bison Avenue, stated that he is promoting an initiative for the V -Plan layout for the proposed El Toro Airport, which is also intended to extend the limits at John Wayne Airport. He stated that information can be obtained at www.ocxeltoro.com. He announced that the appeals court ruled in favor of putting the park initiative on the ballot, and that current polls show that the park initiative would pass. He stated that this would put pressure on John Wayne Airport to expand. Mr. Griffin stated that the City is working with the County on an Environmental Impact Report (EIR) that would allow the extension of the runway. He requested that the City support the residents in the area. Yaron Telem, 502 River Avenue, Balboa Performing Arts Theater Board Member, announced that this year's holiday performance will be A Christmas Pudding. He stated that it would be performed on December 15th at 8:00 p.m. at the St. Mark Presbyterian Church, and that tickets are $15 for adults and $10 for children under 16. He stated that additional information could be obtained by calling 673 -0895. Russell Niewiarowski, Santa Ana Heights, stated that the Santa Ana Heights community is still waiting for a meeting with Newport Beach regarding the future of the John Wayne Airport. He announced that on Volume 54 - Page 593 City of Newport Beach City Council Minutes November 27, 2001 December 4, LUU1, b'upervisor Silva would be attending a community meeting at the Eddie Martin Building. Mr. Niewiarowski invited the City to attend. Mr. Niewiarowski stated that the residents of Newport Beach are looking for a responsible airport to be built at the El Toro site and that the V -Plan is that responsible plan. He stated that many support the V -Plan and he felt that the City should also. He added that the V -Plan will protect everyone's quality of life, since planes would be flying over open space. He encouraged everyone to look at the V -Plan initiative on the website. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Heffernan requested a report on how the annexation issue and the Councilmanic Redistricting Committee were tied together, and what the timing of the redistricting would be. As Chair of the John Wayne Airport Settlement Agreement Extension Committee, Council Member Glover reported that the Draft Environmental Impact Report (DEIR) for the extension, DEIR 582, had been completed and the public comment period was now open. She acknowledged those involved with producing the DEIR. Additionally, Council Member Glover announced that the corridor cities mail program had been a huge success, with more than 7,000 responses. She stated that a second letter would be mailed in the next few days. She thanked those that took the time to respond to the first letter. Lastly, Council Member Glover stated that the Committee was meeting with each of the County supervisors, encouraging their support of Scenario No. 1 in the DEIR.. Council Member Bromberg stated that he and Council Members Heffernan and Proctor serve on the Councilmanic Redistricting Committee. He announced that the item would be discussed, with a recommendation from the Committee, at the Study Session of December 11, 2001. He added that he spoke with the City Manager and the timing of the redistricting should be fine. Council Member Proctor also acknowledged those involved with the DEIR for the extension of the John Wayne Airport Settlement Agreement. City Manager Bludau requested that the Study Session of December 11, 2001, begin at 3:30 p.m. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 8. PLANNING COMMISSION AGENDA FOR NOVEMBER 22, 2001. [MEETING CANCELLED]. N. PUBLIC HEARING 9. CARMELO'S RISTORANTE - USE PERMIT NO. 1908 AMENDED - 3520 EAST COAST HIGHWAY. Volume 54 - Page 594 INDEX Planning Commission (68) Use Permit No. 1908 Carmelo's Ristorante City of Newport Beach City Council Minutes November 27, 2001 City Manager Bludau stated that staff is requesting that the item be continued to the City Council meeting of December 11, 2001. Mayor Pro Tem Ridgeway opened the public hearing Motion by Council Member O'Neil to continue the hearing. to December 11, 2001. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor Noes: None Abstain: None Absent: Mayor Adams 10. APPOINTMENT OF COUNCIL SUBCOMMITTEE REGARDING AMERICAN LEGION LEASE NEGOTIATIONS. City Manager Bludau stated that the leadership at the American Legion is very interested in pursuing a long -term lease with the City. He recommended that a subcommittee be formed to begin the negotiations. Mayor Pro Tem Ridgeway stated that Mayor Adams requested that Mayor Pro Tem Ridgeway and Council Member Bromberg be appointed to the subcommittee. Shirley Phillips, 1420 W. Oceanfront, American Legion Auxiliary Post member, stated that a question in everyone's mind is who at the American Legion would approve the Sutherland -Talla proposal, as mentioned at earlier City Council meetings. She stated that it has been indicated that the City will not move forward with a project unless the American Legion supports it. Additionally, she asked if it had been determined if the American Legion is on tidelands. Mayor Pro Tem Ridgeway stated that the land is tidelands. Ms. Phillips read from a letter written by an American Legion member to Assemblyman Campbell, which was responding to a letter from Assemblyman Campbell. The letter informed Assemblyman Campbell that he was incorrect in saying that the American Legion Post and the Girl Scout facility would be relocated to new facilities on the property. Ms. Phillips stated that the reply from Assemblyman Campbell indicated that his staff spoke with an Assistant City Manager for the City and that the City intends to redevelop the property, but have provided assurances that the American Legion Post and the Girl Scout facility would be relocated to new facilities on the property. She asked where new facilities could be built. She also asked, again, who the person at the American Legion would be that would approve the Volume 54 - Page 595 INDEX 3520 East Coast Hwy. (88) Res 2001 -93 American Legion Lease Negotiations Subcommittee (24) City of Newport Beach City Council Minutes November 27, 2001 P. proposed project or if all of the members would vote. Mayor Pro Tem Ridgeway stated that it would be important to put the subcommittee together, and that he has already requested that the City Manager set up a meeting as soon as possible. He added that the City is committed to a long-term lease with the American Legion. Motion by Council Member O'Neil to adopt Resolution No. 2001 -93 creating an American Legion Lease Council Subcommittee; and to appoint Mayor Pro Tem Ridgeway and Council Member Bromberg to the subcommittee. Council Member Heffernan asked how the subcommittee would dovetail with the review of the Sutherland -Talla proposal. City Manager Bludau stated that he sees them as two distinct and separate issues. Council Member Heffernan stated that the Sutherland -Talla proposal will show where the facilities would be on the property. He questioned how the two could be looked at separately. Mayor Pro Tem Ridgeway stated that the first issue would be to discuss the long -term lease with the American Legion. He felt that a meeting with the American Legion would resolve the issue. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor Noes: None Abstain: None Absent: Mayor Adams 11. APPOINTMENTS TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (contd. from 11/13/01). Mayor Pro Tem Ridgeway announced that the council members would be voting on Gus Chabre or Richard Ting as a community association member for the Environmental Quality Affairs Committee (EQAC), and on Ray Halowski or John von Szeliski as a member with environmental expertise. City Manager Bludau confirmed with Council Member Glover that she had her question from the Study Session answered. Council Member Glover stated that the date that the California Environmental Quality Act (CEQA) requirements were added was October 24, 2000. She stated that she would speak to the issue at another meeting. John von Szeliski, 9 Summerwind Court, introduced himself as one of the candidates. He stated that he had heard that there was a concern about his background and the perception that he had an agenda. He stated that he did not have an agenda, although he had attended Banning Ranch meetings in the past. Mr. von Szeliski explained that Volume 54 - Page 596 M'2313 �• EQAC Appointments (24) City of Newport Beach City Council Minutes November 27, 2001 he has not seen or formed an opinion on the Taylor Woodrow proposal. He stated that as an architect and a community member, he would address every issue on its own merits based on an objective review. City Clerk Harkless read the votes, as follows: Council Member Proctor — Chabre and Halowski Mayor Pro Tem Ridgeway — Chabre and Halowski Council Member Heffernan — Ting and Halowski Council Member O'Neil — Chabre and Halowski Council Member Glover — Ting and Halowksi Council Member Bromberg — Chabre and Halowski City Clerk Harkless announced the appointment of Gus Chabre as a community association member on EQ,AC and Ray Halowski as a member with environmental expertise on EQ,AC. Council Member Bromberg noted that Mayor Pro Tem Ridgeway and Council Member Heffernan both have member -at -large vacancies that could be filled, and possibly Mr. Ting or Mr. von Szeliski could be considered for those appointments. Mayor Pro Tem Ridgeway requested that the City Clerk provide him with the eligible applications. Council Member Heffernan requested that his nomination of Mr. Ting be agendized for a future City Council meeting. O. CURRENT BUSINESS (cont.) S12. NEWPORT COAST ANNEXATION BUDGET. City Manager Bludau stated that the item was added to the agenda on November 21, 2001, upon hearing the news that the number of protests fell short of what was needed to require a vote of the residents in Newport Coast regarding the annexation. He stated that the City filed its annexation application in March 2001, and that the Local Agency Formation Commission (LAFCO) approved the annexation pending a determination of a required vote. City Manager Bludau stated that the proposed budget amendment shows revenue projections for the January 1, 2002 to June 30, 2002, period as being $18,579,720. He stated that $15 million of this total would come from a first -time payment from the Irvine Ranch Water District (IRWD). City Manager Bludau stated that the budget amendment also authorizes additional expenditures totaling $5,274,294 for the same period. He noted that there is a net impact of a negative $260,085 on the 2001 -2002 fiscal year budget. City Manager Bludau stated that he directed the department directors to prepare their budgets to provide the same level of service to the Newport Coast area that is already provided in Newport Beach and Volume 54 - Page 597 INDEX BA -023 Newport Coast Annexation Budget (21/40) City of Newport Beach City Council Minutes November 27, 2001 INDEX that all additions should strictly be for the Newport Coast area. City Manager Bludau noted that approximately 91% of the proposed expenditures are for Police, Fire and General Services. He, additionally, noted that of the $2,328,052 for maintenance and operations, $1.2 million is for a payment to the Newport Coast residents toward their assessments. Council Member Heffernan asked for an explanation of how the sequencing of events would occur, specifically referring to the start date of the annexation and when the first property tax payment is received. City Manager Bludau stated that the first property tax prepayment from the County would be made on December 1st. He noted that the City is not currently on the tax assessor's roll, but that there are agreements with the special districts and the County to split the annual property tax. Mayor Pro Tem Ridgeway asked for a clarification of when the tax payments for this year would be received by the City. Assistant City Manager Kiff stated that a certification of the annexation by November 301h would allow the City to collect property tax revenues in the 2002 -2003 fiscal year. He noted that the payments would not be received until July, but that the agreements with the agencies require them to split the January to June period. Council Member O'Neil asked when the annexation would become cost neutral. He stated that the City Council decided not to annex areas that did not pay their own way. City Manager Bludau stated that there are some onetime startup costs and equipment purchases. Assistant City Manager Kiff stated that the breakeven period would begin with the City's 2002 -2003 fiscal year. Council Member Glover recalled that it was already known that the annexation would operate in the negative for the first fiscal year. Assistant City Manager Kiff confirmed that the initial years are expected to show a deficit. Mayor Pro Tern Ridgeway stated that he's excited about the annexation. Motion by Council Member Glover to adopt a pre- annexation budget for the Newport Coast; and approve Budget Amendment (BA -023) increasing revenue estimates and expenditure appropriations related to annexation activities. Mayor Pro Tern Ridgeway stated that he believes that the LAFCO certification will occur later in the current week. He stated that the agreement with Newport Coast is fair. Council Member Glover noted that much of the funding is due to an agreement with IRWD that was put together by Council Member O'Neil when he was the City Attorney. Volume 54 - Page 598 City of Newport Beach City Council Minutes November 27, 2001 Mayor Pro Tom Ridgeway noted that the 1972 agreement with IRWD gave the City the right to serve water to the downcoast area. Council Member O'Neil welcomed the citizens of Newport Coast to the City of Newport Beach. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor Noes: None Abstain: None Absent: Mayor Adams S13. NEWPORT COAST ANNEXATION ACTION ITEMS: COOPERATIVE AGREEMENT FOR PLANNING SERVICES IN THE NEWPORT COAST BETWEEN THE CITY AND THE COUNTY OF ORANGE; RESOLUTION NO. 2001 -94 ADOPTING THE COUNTY OF ORANGE'S MASTER PLAN OF DRAINAGE FOR THE NEWPORT COAST COMMUNITY. Assistant City Manager Kiff stated that the first item authorizes the Mayor to execute a cooperative agreement for planning services in the Newport Coast area. He noted that the City Council had previously authorized the City Manager to execute the cooperative agreement. He added that the agreement authorizes the County to continue providing planning services until each planning area is built out. Secondly, Assistant City Manager Kiff stated that the resolution adopts the County's master plan of drainage for the Newport Coast community. He stated that this is a requirement of LAFCO, and that the City will require the County to make sure that all the storm drains are in good shape before the City takes them over. Motion by Council Member O'Neil to authorize the Mayor to sign the Cooperative Agreement for planning services between the County of Orange and the City of Newport Beach; and adopt Resolution No. 2001 -94 adopting the County of Orange's Master Plan of Drainage for the Newport Coast Community. The motion carried by the following roll call vote Ayes:, Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor Noes: None Abstain: None Absent: Mayor Adams Q. MOTION FOR RECONSIDERATION — None. R. ADJOURNMENT — at 8:40 p.m. to a 3:30 p.m. Study Session on December 11, 2001. • * * * * * * * * *•a�* *max Volume 54 - Page 599 INDEX Res 2001 -94 C -3478 Newport Coast Cooperative Agreement for Planning Services (21138) City of Newport Beach City Council Minutes November 27, 2001 The agenda for the Regular Meeting was posted on November 21, 2001, at 11:20 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on November 21, 2001, at 4:35 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 600 lWID)o1:1