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HomeMy WebLinkAbout01 - 04-08-2003City Council Meeting April 22, 2003 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session RAFT April 8, 2003 - 4:00 p.m. INDEX ROLL CALL Present: Heffernan, Proctor, Ridgeway, Adams (arrived late), Webb, Nichols (arrived late), Mayor Bromberg Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Webb stated that he would be removing Item No. 7, Sewer Main Master Plan Improvements, and Item No. 17, Council Policy Manual Update, from the Consent Calendar at the evening meeting. Regarding Item No. 17, Council Member Heffernan asked if the changes highlighted in Council Policy F -1, Statement of Investment Policy, were new changes. Regarding Item No. 15, Cable Franchise Negotiations, Council Member Heffernan asked if the statement of minimum goals was copied twice in the staff report. 2. NEWPORT HARBOR NAUTICAL MUSEUM. Glenn Zagoren, President and CEO of the Newport Harbor Nautical Museum, stated that the museum is here to preserve the history of the harbor. Using a PowerPoint presentation, he noted that in 1860, the first survey boat dropped anchor off of the Balboa Peninsula, and in 1870, trading in the harbor began. In 1875, the first complete survey of the harbor was done and building began. In 1888, trading on the wharf began and in 1890, the railroad was built from Santa Ana. Mr. Zagoren displayed a photo of the bay in 1900. In 1905, the red car service began. Mr. Zagoren stated that various movies were filmed in the harbor. In 1927, the original Newport bridge opened. Mr. Zagoren displayed a photo of the bridge, as well as other historical photos. Throughout his presentation, he compared the events in Newport Harbor to those taking place in the world at the same time to help provide a historical perspective. Mr. Zagoren stated that the mission of the museum is to inspire, preserve and educate. He noted that the museum was founded in 1986 on the Balboa Peninsula. He displayed a photo of the museum at its present location. Mr. Zagoren stated that there is a market for the museum and the plan is to expand it to meet these needs. He noted that Dana Point may move into the nautical preservation area, but he felt that this would be unfortunate for Newport Harbor. Mr. Zagoren stated that the museum's target market is Newport Harbor and the surrounding areas, although 22% of the museum's visitors are from outside Volume 56 - Page 69 Newport Harbor Nautical Museum (51) City of Newport Beach Study Session Minutes April 8, 2003 California. He noted that the Newport Harbor Nautical Museum is an accredited part of the Newport -Mesa school system, and that it's now mandatory for fifth graders to participate in the program. He stated that there are over 357,000 students in Orange County that are potential participants in the museum's nautical education and environmental programs. IQ11791:1 Mr. Zagoren stated that while the business market is remaining relatively flat, the tourism market is growing. He noted that over 57,000 visitors come to Orange County each day, with over 19,000 visiting Newport Beach each year. Thirty -six percent of all travelers visit a museum, with museums rated in the top three vacation destinations points. Visits to museums total approximately 2.3 million per day in the country, which is a 50% increase from a decade ago. Mr. Zagoren noted that 25% of the population in Orange County visits a museum on an average of three times per year. The economic impact of museums is significant, since tourists who visit museums spend twice as much as those who don't. Mr. Zagoren stated that the museum's board of directors has done a good job of getting the museum where it is. The management team is comprehensive and there are 210 trained volunteers and docents. Regarding the educational programs, Mr. Zagoren stated that there have been over 10,000 students served through the Young Mariners Program, and the Partnership for Clean Water has served over 4,000 students. Both programs are currently at maximum capacity, as are the Boy Scout Sea Base and the After School Programs, with over 5,000 scouts and 3,000 students, respectively. The Adult Lecture Series is above maximum capacity with over 2,500 adults participating, and volunteer programs have contributed over 15,000 hours. He stated that what is needed is additional class room space, a boat restoration program, additional staff, an expanded library and more interactive programs. He displayed photos and flyers of some of the special events that take place at the museum. Mr. Zagoren stated that the Newport Gallery at the museum offers the complete history of Newport Harbor, the Model Gallery is one of the best in the area and the Grand Salon Gallery is where the special events take place. He noted that 58,000 historical photos are also a part of the museum's collection. Mr. Zagoren stated that there are a number of organizations that want to participate at the museum, if an expansion is made possible. He listed these as including the Kelton Collection, the Beckner and Sawyer Collections, a West Coast Yachting Hall of Fame, the Newport Harbor Watercraft Collection and a Hall of Surfing & Fishing. Mr. Zagoren stated that the museum currently resides on a 10,000 square -foot boat and that land -based exhibition space is needed, as well as expanded education and lecture facilities, and improved environmental and security systems. Mr. Zagoren presented the concept of the Historic Seaport Village Plan. He stated that the museum board, executive staff, residents and members of the museum are ready to take on a capital development campaign to raise the needed funds. He asked for the City's support as a partner in the project. He stated that land negotiations will need to take place with The Irvine Company and the City will need to be involved. Mr. Zagoren stated that the village could include a dock for the Harbor Patrol, a site for the Conference & Visitors Bureau, a visitor's kiosk and a community boat ramp. He displayed an aerial Volume 56 - Page 70 City of Newport Beach Study Session Minutes April S, 2003 photo of the proposed site and an artist's rendering of the village. Mr. Zagoren stated that the City's support will be needed in order for the project to succeed, and that there is already support from most of the major organizations and associations in Newport Beach and Orange County. He provided a list of the entities that have endorsed the museum, and stated that there is a strong need to expand the museum and preserve the history of the harbor. He stated that the Newport Harbor Nautical Museum is a major community asset and reflective of the City's own logo. Mayor Bromberg stated that the project appears to be a natural for Newport Beach. He noted that the harbor is the largest pleasure boat, yacht harbor in the country. Mayor Pro Tem Ridgeway stated that he didn't know where the big ships would go, that come into the harbor, if the museum weren't there. He expressed his support for the proposed village and suggested that a foundation be created for the funds that will be needed. Council Member Webb expressed his support for the concept also and noted in particular, the opportunity for preserving the history of the harbor. He stated that the proposed location is advantageous due to its high visibility. Council Member Heffernan stated that it is unclear what action the City should be taking at this point. He also asked what the plans were for the Lower Castaways site, noting that they were a part of the aerial photo but not of the artist's rendering. Lastly, he stated that his father made arrangements for the boat that houses the museum to be built and transported to Newport Beach. He expressed his support for the project. Mayor Bromberg stated that the action being requested of the City could be presented at another meeting, and that the presentation at the current meeting was only meant to be informational. Bonnie Swan, Director of Elementary Education for the Newport -Mesa Unified School District, stated that the Partnership for Clean Water program has been one of the highlights of her teaching career. She explained some of the details of the partnership and stated that at the end of the program, the 5th grade students have a good understanding of how to preserve the ecology. Ms. Swan expressed her support for the museum. Bill Hamilton, restaurant owner, commended those who have made Newport Beach what it is today, referring to the dredging of the harbor, the building of the breakwater, and the creation of some of the islands and residential areas. He expressed his support for the expansion of the museum and stated that it will help to preserve the story of Newport Beach. 3. CITY HALL NEEDS ASSESSMENT. City Manager Bludau stated that in July of 2001, the City Council directed staff to develop a long -term strategic plan of the City Hall facilities. On January S, 2002, Griffin Advisors, Inc. was hired to develop a City Hall facility needs assessment plan. City Manager Bludau stated that Phase I of the project entailed a space needs analysis and concept recommendations. Volume 56 - Page 71 INDEX City Hall Needs Assessment (35) City of Newport Beach Study Session Minutes April 8, 2003 INDEX Using a PowerPoint presentation, Roger Torriero, Project Executive for Urittin Structures, Inc., stated that his company completed a space utilization assessment, a comprehensive analysis of the existing facilities, and a report on space requirements. He stated that a final report was presented to staff on August 9, 2002. Mr. Torriero stated that the five buildings at City Hall were completed incrementally from 1945 to 1985. He noted that the buildings total 44,000 square feet, of which 37,000 square feet is usable space, and that there are 189 existing and undersized work stations. He stated that the allocation of space is substantially less than industry standard benchmarks, and the buildings are in a poor state of condition and repair, and are an inadequate set of facilities. Mr. Torriero stated that due to there being no master plan for City Hall, there are problems associated with the work environments and space allocations, and spatial inadequacies, lack of parking and inefficient systems. He stated that there is no security at the site, the buildings do not meet seismic design criteria, the fire station does not meet the requirements for an essential facility, there are widespread Americans with Disabilities Act (ADA) violations, the energy systems are inefficient, the site has on ongoing and costly maintenance, and the storage facilities are inadequate. Lastly, Mr. Torriero stated that the existing facilities do not permit effective and expeditious servicing of the community. Mr. Torriero stated that the present need for the site is 58,100 square feet, with the first planning level increasing that to 59,600 square feet and the third planning level to 62,000. He stated that the needs were calculated by looking at each workstation, desk, file and other items needing space. Benchmarks and other cities were also looked at. Mr. Torriero displayed a slide, which compared Newport Beach with other cities and went over the square footage per staff member for each city. He stated that the blended average of the Building Owners and Managers Association (BOMA) experience report on public facilities and the U. S. General Services Administration (GSA) standard for office rental space is 282 square feet per staff member. Newport Beach is below this average, as well as the benchmarks of the other cities in Southern California. City Manager Bludau noted that Mission Viejo and Rancho Santa Margarita have few employees because they outsource many of their services to contractors. Council Member Adams asked if the employee count used by Griffin for Newport Beach included employees who do not work at City Hall. Bob Hall, Director of Strategic Planning for Griffin Structures, Inc., stated that the count was of the desks and workstations being utilized at City Hall. Council Member Adams asked why the planned increase to 62,000 square feet still falls below the average. Mr. Hall stated that Griffin has designed an efficient facility with conservative space standards, making the 276 square feet per staff member comparable to the average of 282. Using a PowerPoint presentation, Dan Heinfeld, LPA, Inc., displayed an aerial photo and a site plan of the existing City Hall site. He stated that the current site is approximately four acres, with 160 parking spaces and 1.15 acres of green space. He stated that the planning criteria used in developing the concepts included keeping a .6 -acre green space area as open and preserved, keeping the fire station as a separate facility and project, and using the existing zoning and height requirements for the site. Mr. Heinfeld stated that the third planning level increases the number of parking spaces to 350, increases the square footage to 62,000, adds an additional building of 7,000 square feet for a Volume 56 - Page 72 City of Newport Beach Study Session Minutes April 8, 2003 community center and support space, and provides the fire station with a 1.2- acre site. Mr. Heinfeld stated that using the above criteria and program elements, three concepts were developed. Concept #1 remodels the Council Chambers and the one -story building, and adds a new two - story, 49,600 square -foot building. Using the drawing on display, Mr. Heinfeld pointed to the location of the parking structure and the fire station. The total cost of Concept #1 is $26,288,971, which is an estimate based on the conceptual drawing. Mr. Torriero stated that Concept #1 is not recommended. Mr. Heinfeld presented Concept #2, which remodels the Council Chambers and adds a new two - story, 58,400 square -foot building. The total cost of Concept #2 is $26,988,347. Ml►I0 Mr. Torriero noted that with all of the concepts, a relocation cost has been factored in to provide for temporary facilities during demolition and construction. He stated that it is anticipated that the .6 -acre site in front of City Hall would be utilized for the temporary facilities, which would allow City Hall to remain at its current location and operate during construction. City Manager Bludau asked if there was adequate space to provide for the temporary facilities, the construction site, construction equipment and the required parking. Mr. Torriero responded in the affirmative. He added that once the schematic design is begun, the project could be completed within 24 months. Council Member Heffernan asked where people would park during the construction phase. Mr. Torriero used the conceptual drawing to indicate where parking could take place during the various phases of construction. He stated that there would probably be a period of six months when there would be a parking deficit. Mayor Pro Tern Ridgeway asked if the parking structure could be built first. Mr. Torriero agreed that it is a possibility and could be considered when the details of the schedule and plan are looked at. Mr. Heinfeld displayed the conceptual drawing for Concept #3, which included an entirely new 62,000 square -foot, two story building and a 3 -level parking structure. Mr. Torriero noted that the community room could also serve as an Emergency Operations Center (EOC), if needed. Mayor Pro Tern Ridgeway asked if the community room could include a studio for cablevision needs. Mr. Torriero stated that it could and added that there would be quite a bit of flexibility with the new facility. Mr. Heinfeld noted the 1.6 acres of open space that would be provided with Concept #3. Mr. Torriero additionally noted that the plan did not address what would happen if site areas were exchanged with adjacent property owners, which could provide greater efficiency on the site from a planning standpoint. He also noted that traffic flow would be improved with Concept #3 since the access to City Hall would be from 32 ^d Street, but stated that greater improvements might be possible with a land exchange and a rearrangement of the parking structure. Per Mayor Pro Tern Ridgeway's question, Mr. Torriero showed how traffic flows now and how it would flow with Concept #3 or a land exchange. Mayor Pro Tern Volume 56 - Page 73 City of Newport Beach Study Session Minutes April 8, 2003 Ridgeway noted that the adjacent property has requirements to provide parking for some offsite buildings and this would have to be addressed. Mr Torriero provided an example of a city that has used their City Hall parking as an economic opportunity. INDEX Council Member Webb stated that the traffic and congestion on Newport Boulevard also has to be considered. He asked for a clarification on the number of parking spaces that would be provided with Concept #3. Mr. Torriero stated that using the current height restrictions for the site, 350 parking spaces could be provided. Per City Manager Bludau's question, Mr. Heinfeld stated that 250 parking spaces are required for a 62,000 square -foot structure. Council Member Heffernan asked if alternative sites for City Hall were analyzed. Mr. Torriero stated that the direction was to study the current site only. Council Member Proctor asked how 350 parking spaces could be possible. Mr. Torriero explained that a parking structure only requires ten feet from floor to floor and that the height limit for the site is 35 feet, making a three -level parking structure possible. Mr. Torriero displayed a budget workbook for Concept #3 and noted that the total cost is estimated to be $27,570,894. He then displayed an alternate workbook for the concept, which included the community room and the additional 100 parking spaces. The alternates would add $2.1 million to the total cost. He reminded everyone that the costs were conservative estimates and would most likely be reduced during the schematic design phase of the project. Mr. Torriero stated that Concept #3 is being recommended. He stated that it is a cost efficient building solution and replaces the current City Hall with a new structure. He stated that it also provides for the best flexibility during construction, while maintaining a fire station on site. Lastly, he stated that the proposed open floor plans provide for improved work flow between the departments, which allows for minimum square footage and maximum efficiency. Mr. Torriero stated that he has already met with each of the council members individually to present the concepts. He displayed a list of the questions that were asked during the meetings to show what issues and concerns were addressed in the individual meetings. Council Member Heffernan referred to the first question and asked if it wouldn't be prudent to consider alternate sites. Mr. Torriero pointed out that the proposed structures can be applied to any site, although the concepts are site - specific. Council Member Heffernan asked if alternate sites were considered with the other cities that Griffin has worked with. Mr. Torriero stated that Griffin is usually given a site to work with. City Manager Bludau added that the initial direction to Griffin in July of 2001, was to look at the existing site and also remodeling opportunities. Mr. Torriero stated that remodeling doesn't provide the space that is needed. Council Member Heffernan suggested that alternate sites be considered during the preliminary planning stages. Mr. Torriero stated that additional concerns and questions that were raised during the meetings with the council members included the parameters used for planning, which he stated were the zoning parameters and the direction from Volume 56 - Page 74 City of Newport Beach Study Session Minutes April 8, 2003 IQ11791:1 staff. He stated that there was also a question about community input, which he stated would be solicited and gathered during a series of community workshops. Mr. Torriero stated that the reason the plan proposes 350 parking spaces, instead of the required 250, is to meet Local Coastal Plan (LCP) requirements and to create economic development in the area. He stated that a community room would fulfill several needs, as discussed earlier in the current meeting. In response to a question about utilizing the area's climate and the natural daylight, Mr. Torriero stated the matter could be addressed during the schematic design phase of the work. He reported that there is no historical significance to any of the current buildings, but there may be nostalgia value that Council or staff might ask to be considered. Mr. Torriero stated that additional benefits to replacing the current City Hall would include improved traffic conditions. Lastly, in response to a question about using the existing site boundaries, Mr. Torriero stated that this was covered earlier in the current meeting and that land exchanges with adjacent property owners could also be a part of the schematic design phase. Mr. Torriero stated that the next step in the process is to begin the schematic design phase. Mayor Bromberg asked what the cost of the schematic design would be. Mr. Torriero stated that it would be 1.5% of the total project budget, or approximately $500,000. It would provide all of the information needed to make a decision on the project, and would take approximately four to six months to complete. Council Member Proctor asked if a vacant 4.5 -acre site were available elsewhere, how much money would be saved. Mr. Torriero stated if there were no staging impact, approximately 6.5 acres would be needed and there wouldn't be a significant change in cost. Council Member Proctor pointed out that the cost of the temporary facilities would be saved, which is estimated to be over $1 million. Referring to the staff report, he asked how the $2 million per year figure was computed. City Manager Bludau stated that how the project would be funded and the cost savings that could be realized from having a new facility would have to be looked at further by staff. He added that looking at the current site plan, it is apparent how inefficient the layout is. Mr. Torriero added that the life of a building is usually thirty years and at some point, spending money on repairs and maintenance isn't justifiable. He stated that the operating inefficiencies of the buildings would be quantified, technically and economically, in the schematic design, and a projection could also be done on a new, energy - efficient building. Council Member Heffernan asked how the economics of funding the project would be studied and suggested that it should be done prior to the schematic design. Mayor Pro Tem Ridgeway suggested that a subcommittee of the City Council be created to work with the Administrative Services Director to look at the economics. City Manager Bludau stated that staff has not spent time on the matter, but could provide a general report in two weeks that might assist the City Council in determining if the project should be looked at further. Council Member Heffernan stated that the borrowing of the money is simple to calculate. He stated that he'd like to be presented with more information on the Volume 56 - Page 75 City of Newport Beach Study Session Minutes April S, 2003 efficiencies that would be created by a new building and what money would be saved. He further clarified that he wants to review the financial justifications for building a new facility with the current state of the economy. INDEX Council Member Webb stated that he doesn't necessarily believe that the life of a building is thirty years, and in regard to the existing buildings not being seismically sound, he stated that any building built prior to the new seismic codes that were recently adopted, are probably not considered seismically sound either. He asked if the Building Director felt that the buildings would have severe structural damage if an earthquake did occur. Council Member Webb stated that a more economical approach might be to maintain the professional/technical building, and construct a new two or three story building in the location of the other buildings. He agreed that additional parking is needed. Council Member Webb also agreed that a new facility could be more efficient and that more space is needed, but he felt that a $10 million project might suffice. He stated that the needs of the future need to be considered, but he doesn't know if he can support an entirely new facility. Mr. Heinfeld stated that keeping some of the existing structures was considered in the analysis, as well as the concerns for additional parking, and it was decided that building a new facility would create the opportunity to improve efficiency. In regard to seismic requirements, he noted that none of the buildings have been upgraded, but they will need to be. Council Member Proctor asked if there had been projections on what facilities would be needed in twenty years. Mr. Torriero stated that the third planning level takes into account the annexations and a factored growth rate over a period of time. Council Member Proctor suggested that an economic analysis be performed. Mayor Bromberg stated that it will be a major project, but additional space is needed and efficiency could be improved. He supported having a financial report, including the financial offset of improving efficiency, presented to the City Council at a future Study Session. He stated that a subcommittee might also be appropriate, after the financial report is presented. Council Member Nichols stated that a nearby office building on the water appears to be vacant and parking is a problem in the area. He stated that a larger parking lot that can be shared with the adjacent businesses might be a solution. He stated that the present facility has openness and that openness should also be part of a new facility. Council Member Nichols agreed that the financial studies should be done in order for the City Council to make a determination, but he'd also like a broader study conducted to make sure that nothing has been overlooked. Council Member Adams stated that he is in support of moving forward with having the financial reports performed. He stated that a public building should be of high quality and durability, and built for the long term. He stated that the new facility should create a landmark for the City and have architectural significance, without pursuing opulence. Council Member Adams disagreed with the comments of Council Member Webb and keeping the hodgepodge approach to the buildings. He stated that a cohesive design that will serve the City for the long term is a better solution. He stated that it might be worthwhile to integrate a few items of the current City Hall into the new facility, however. Volume 56 - Page 76 City of Newport Beach Study Session Minutes April 8, 2003 Mayor Pro Tem Ridgeway stated that money spent on remodeling is money that is not well spent. He agreed with Council Member Adams that a new facility should be of high quality. Mayor Pro Tem Ridgeway felt that the current site should be used since it is where the City was incorporated in 1906. He expressed his support for the architect and their ability to design a facility that would meet the needs of the City. Mayor Pro Tem Ridgeway disagreed that elements of the current City Hall could be incorporated into a new facility. He felt that a financial report would show that new infrastructure systems and movement of people within the facility can be made more efficient. Mayor Bromberg also felt that incorporating current elements into a new facility isn't likely, and that a photo gallery might be more appropriate to preserve the history of the City. Mr. Torriero noted that increasing staff efficiency by just 5% could result in an annual savings of $450,000. City Manager Bludau suggested that the financial report could be ready to present to the City Council in two to four weeks. He noted that budget reviews begin at about the same time. Mayor Bromberg suggested that the Study Session on May 13, 2003, begin at 3:00 P.M. PUBLIC COMMENTS — None. ADJOURNMENT — at 5:55 p.m The agenda for the Study Session was posted on April 2, 2003, at 2:15 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 56 - Page 77 IQ11791:1 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 8, 2003 - 7:00 p.m. — 4:00 p.m. CLOSED SESSION — 5:55 p.m. A RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING 0 C. D. E. F. G. H. ROLL CALL Present: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Absent: None CLOSED SESSION REPORT — None. PLEDGE OF ALLEGIANCE — Mayor Pro Tem Ridgeway. MOMENT OF SILENCE PRESENTATION Proclamation recognizing April 2003 as Autism Awareness Month. NOTICE TO THE PUBLIC CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEM): U Council Member Webb announced that the Mariners Joint Use Library Ad Hoc Steering Committee will be meeting on Wednesday, April 9 at 4:00 p.m. at the Mariners Elementary School library. U Council Member Nichols requested an update regarding the Coast Highway negotiations with the State, including cost figures. C Council Member Nichols requested statistical justification for the lifeguard stations at the Corona del Mar Beach. U Mayor Bromberg announced that the Relay for Life, which is a cancer awareness and fundraising event, will be held on May 2 and May 3 at the Newport Harbor High School track. Volume 56 - Page 78 INDEX City of Newport Beach City Council Minutes April 8, 2003 INDEX I. CONSENT CALENDAR READING OF MINUTESIORDINANCES 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. ORDINANCE FOR ADOPTION 3. Removed at the request of Council Member Nichols. RESOLUTION FOR ADOPTION 4. Removed at the request of an audience member. 5. RESOLUTION INITIATING AMENDMENTS TO CHAPTER 20.89 Res 2003 -22 OF THE NBMC PERTAINING TO THE SALE OR STORAGE OF Alcoholic ALCOHOLIC BEVERAGES OUTSIDE OF THE ESTABLISHMENT. Beverage Adopt Resolution No. 2003 -22 initiating an amendment to the Alcoholic Outlet Beverage Outlet Ordinance (Chapter 20.89) that would prohibit off -sale Ordinance alcoholic beverage outlets from selling or storing alcoholic beverages (94) outside of the exterior walls of the establishment. CONTRACTS AND AGREEMENTS 6. BALBOA ISLAND BAYFRONT REPAIRS (2002 -2003) — AWARD OF C -3544 CONTRACT (C- 3544). 1) Approve the plans and specifications; 2) affirm Balboa Island the Categorical Exemption for the work; 3) award the contract (C -3544) to Bayfront Rance Corporation for the total bid price of $165,440 and authorize the Repairs Mayor and the City Clerk to execute the contract; and 4) establish an (38) amount of $16,510 to cover the cost of unforeseen work and material testing. 7. Removed at the request of Council Member Webb. 8. PENINSULA POINT WATER MAIN REPLACEMENT (C -3462) — C -3462 COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize Peninsula Point the City Clerk to file a Notice of Completion; 3) authorize the City Clerk Water Main to release the Labor and Materials bond 35 days after the Notice of Replacement Completion has been recorded in accordance with applicable portions of (38) the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 9. ORANGE COUNTY TRANSPORTATION AUTHORITY C -3051 AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT NO. C -95- OCTA 985. Approve Amendment No. 6 to Cooperative Agreement No. C -95 -985 Cooperative between the Orange County Transportation Authority (OCTA) and the Agreement City of Newport Beach and authorize the Mayor and the City Clerk to (38) execute the Amendment. Volume 56 — Page 79 City of Newport Beach City Council Minutes April 8, 2003 MISCELLANEOUS ACTION 10. ACCEPT ASSISTANCE TO FIREFIGHTERS GRANT. 1) Accept Federal Emergency Management Agency's United States Fire Administration Assistance to Firefighters Grant for $18,375 in funding for the "Newport Beach Fire Safety Ladder" public education program; 2) approve a budget amendment (BA -061) appropriating the $18,375 grant funds and the needed 30% matching funds of $7,875 into Fire Department Public Education account 2354 -8200. 11. BUDGET AMENDMENT — DUI ENFORCEMENT TEAM/ CHECKPOINTS — FISCAL YEAR 2003 -2004 & 2004 -2005. Approve a budget amendment (BA -062) in the amount of $78,098 for the Police Department budget to fund additional drunk - driving (DUI) enforcement measures, as a result of a two -year grant awarded by the State of California Office of Traffic Safety. 12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LIBRARY SERVICES TO SENIORS (HOMEBOUND PROGRAM). Approve a budget amendment (BA -063) in the amount of $20,681. 13. CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM. 1) Approve acceptance of $27,010 from the State of California Law Enforcement Equipment Purchase (CLEEP) program; and 2) approve a budget amendment (BA -064) of $27,010 in funds to be transferred from CLEEP Grant Program Revenue Account number 1820 -4874, to the Police Department CLEEP Capital Equipment Account number 1820- 9017. 14. DEPARTMENT OF CONSERVATION GRANT FUNDING REQUEST. Authorize the General Services Director to submit a Funding Request Form to the Department of Conservation Recycling Division in the amount of $20,445. 15. STATEMENT OF MINIMUM GOALS — CABLE FRANCHISE NEGOTIATIONS. Adopt the Statement of Minimum Goals and direct the City's franchise negotiator, Mr. William Marticorena of Rutan and Tucker, to begin discussions with Adelphia and Cox based on the Statement. 16. CLIFF DRIVE PARK IMPROVEMENTS — APPROVAL OF PLAYGROUND EQUIPMENT PURCHASE. Approve the purchase of new and replacement playground equipment from Coast Recreation, Inc. for Cliff Drive Park for a total contract price of $37,694. 17. Removed at the request of Council Member Webb. Motion by Mayor Pro Tom Ridgeway_ to approve the Consent Calendar, except for those items removed (1, 3, 4, 7 and 17). The motion carried by the following roll call vote: Volume 56 — Page 80 INDEX BA -061 Firefighters Grant (40/41) DUI Enforcement Team /Checkpoints (40/70) BA -063 Library Service to Seniors/ Homebound Program (40/50) BA -064 California Law Enforcement Equipment Program (CLEEP) (40/70) Recycling Grant Request (44) Minimum Goals/ Cable Franchise Negotiations (42) Playground Equipment (62) City of Newport Beach City Council Minutes April 8, 2003 Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None J. ITEMS REMOVED FROM THE CONSENT CALENDAR MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 25, 2003. Referencing Volume 56, Page 58, Jim Hildreth stated that the City Clerk has shown that she is willing to record his words a little bit better and hoped that this will continue. However, reading the last sentence of the top paragraph, he stated that this still has not been corrected in the minutes. Regarding Page 61, Mr. Hildreth believed that the way his statements are worded in the paragraph is not what he really said. He concurred that the design specifications were set by Mr. Collins, but the statements in the minutes are what he said in jest. Further, he indicated that the locations in The Grand Canal were acknowledged to be mooring locations. He believed that, if they are classified as piers, there needs to be a permit. He added that the documents he has received from the Revenue Department states that there is one location that is no longer there because there is no permit on record. He believed that there should be a permit somewhere in the City. He indicated that he sent a letter to Tony Melum, but he has yet to respond to his request for documents. He stated that he has only been able to receive billing records from the Revenue Department. City Manager Bludau noted that Mr. Hildreth is not speaking about the minutes. Mr- Hildreth referenced the third to the last sentence on Page 61, but believed he stated that the four mooring locations were acquired prior to 1976 when the City started collecting fees for those locations. He added that the City must have records of these locations in the canal. He concurred that he was disappointed the City cannot produce the documents, but believed he also mentioned Tony Melum in the conversation. Motion by Mavor Pro Tern Ridgeway to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 3. CODE AMENDMENT CA 2002 -007 — LANDMARK BUILDINGS (PA 2002 -218) — AMENDMENT TO TITLE 20 OF THE NBMC TO DESIGNATE CERTAIN TYPES OF BUILDINGS AS "LANDMARK BUILDINGS" AND MODIFY RESTRICTIONS ON THE USES IN LANDMARK BUILDINGS (contd. from 2/11/03 & 3/11/03). Volume 56 — Page 81 11013 91:1 Ord 2003 -4 Code Amendment CA 2002 -007 Landmark Buildings (68) City of Newport Beach City Council Minutes April 8, 2003 Mayor Bromberg announced that Council Member Nichols lives within 500 feet of one of the properties and will have to speak as a member of the public from the podium. Richard Nichols stated that, when he ran for office, he said he would not take away a person's zoning without them having a chance to vote on it. He believed that this ordinance affects properties in areas that are highly congested in Corona del Mar, and will also affect their land values and livability. He stated that the ordinance is continuously changing, noting that it has been rewritten and we have not seen the same format and content two times in a row. John Loper, Vice President of Fritz Duda Company, stated that they manage the Via Lido shopping center with the Lido Theater. He indicated that, after two Planning Commission meetings and two Council meetings, they want Council to support the ordinance, including the changes that were discussed at the last meeting. In response to Council Member Heffernan's question, City Attorney Burnham confirmed that the ordinance does not sunset and is permanent from this point forward, unless repealed or amended. Council Member Adams pointed out that the entitlement for the use of the building does not expire and noted that the building owner can use it for a number of commercial purposes without any discretionary approval by the City for an indefinite period of time. Mayor Bromberg added that it can also turn into an office building that could hold 299 people and there would be no parking mitigation required. Council Member Heffernan emphasized that the ordinance focuses on continuing the theater use for up to 70% of the square footage. Motion by Mavor Pro Tern Ridaewav to adopt Ordinance No. 2003 -4 approving Code Amendment CA 2002 -007. The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg Noes: None Abstain: Nichols Absent: None 4. AMENDMENT OF GENERAL PLAN UPDATE COMMITTEE (GPUC) RESOLUTION — CLARIFICATION OF ROLE AND RESPONSIBILITIES DURING GENERAL PLAN UPDATE PROCESS. Motion by Mavor Pro Tern Ridgeway to adopt Resolution No. 2003 -21 amending Resolution No. 2000 -102 to include clarifying provisions for the General Plan Update Committee's role in the update process. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Volume 56 — Page 82 I Q IN) D/:1 Res 2003 -21 GPUC (24) City of Newport Beach City Council Minutes April 8, 2003 Noes: None Abstain: None Absent: None SEWER MAIN MASTER PLAN IMPROVEMENTS - LINING PROJECT (C -3465) - COMPLETION AND ACCEPTANCE. Council Member Webb reported that, with this contract, the City spent $354,000 to clean and repair about 8,000 linear feet of sewer lines to work towards a clean water program. He stated that the City needs to be observant of the conditions of the sewer lines so they do not overflow. He believed that the City should be patted on the back for doing things that a lot of other cities are not doing. Motion by Council Member Webb to 1) accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 17. COUNCIL POLICY MANUAL UPDATE FOR 2003 AND PUBLIC MEETING TO CONSIDER CITY S STATEMENT OF INVESTMENT POLICY (POLICY F -1). Motion by Council Member Webb to approve the proposed revisions or additions to the Council Policy Manual: Revisions to F -1, F -3, F -20, I -1, I- 2, I -3, I -4, I -5, I -6, I -7, I -8, I -9, I -10, I -11, I -12, I -13, I -14, I -15, I -16, I -17, 1- 18, I -19, I -20, I -21, I -22, I -23, I -24, I -25, I -26, I -27, I -28, L -16, L -20; addition of I -13; and continue F -2 to the April 22, 2003 Council meeting. Referencing Page 6 of F -2, Council Member Webb believed that staff needs to generate limits for Neighborhood Enhancement Reserves A and B so it is clear where the money is spent. He noted that Administrative Services Director Danner feels that this can come back at the next meeting with wording that clarifies this. Regarding the Ocean Front Restoration Reserve, he noted that the reference should actually be L -12, not L -8, and that L -12 mandates the City through the Coastal Commission requirements and LCP to spend the money for local access improvements to the beach. He believed that this wording should be included in F -2. The motion carried by the following roll call vote: Volume 56 - Page 83 INDEX C -3465 Sewer Main Master Plan Improvements/ Lining Project (38) Council Policy Manual Update (69) City of Newport Beach City Council Minutes April 8, 2003 INDEX Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None K. PUBLIC COMMENTS Jim Hildreth stated that he sent a letter to Thomas (Tony) A. Melum which Council also received. He indicated that Mr. Melum is a part -time employee and is obligated to perform the duties that he was hired to do which is to present and release documents that he has requested. He believed that Mr. Melum's office should have documents since the City claims those locations are pier permitted locations and since Mr. Melum witnessed his supervisor, David Harschbarger, signing it. He indicated that the only documents he has received have been from the Revenue Department, but they do not have anything prior to 1994. Mr. Hildreth believed that the City Clerk's office is supposed to be allowed to accept documents for the City Attorney's office. He stated that the office was presented with a document on Monday and believed that they should make a guarantee that it gets to the City Attorney's office. Further, he believed that this request should be stated on documents that are presented for the City Attorney's office, and that there should be a stamp stating this. City Clerk Harkless reported that, when Mr. Hildreth delivered documents to her office, he was told that they would be delivered to the City Attorney's office, and they were. City Manager Bludau requested that the minutes reflect that he stated to the public and to Mr. Hildreth, that Mr. Hildreth has been provided all the documents that are in the City's possession regarding the questions he has raised. Further, the City has sent him numerous letters stating this. Dolores Otting expressed the opinion that Item 5 is wonderful and stated that she was surprised when she read in the Daily Pilot about how much alcohol was being sold from temporary buildings and tents. She believed that the resolution will help hinder the amount of alcohol consumed on the Fourth of July in West Newport. Linda Grant stated that she wants the City to honor what she agreed to and not try to find a way to work around the law. She indicated that she appreciates that Council Member Webb appreciates trees. She noted that Newport Beach is a tree city and should have a tree commission which includes an arborist. She stated that she expects them to honor the agreement. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC). Council Member Adams stated that they did not meet this week, but will meet on April 14. He encouraged anyone interested in the General Plan Update to attend the meeting so they can get the latest information. Volume 56 — Page 84 City of Newport Beach City Council Minutes April 8, 2003 IILi1)D/:1 San Joaquin Hills Transportation Agency. Council Member Adams stated that the Agency is now publishing a meeting highlight sheet and reported that people can log onto www.thetollroad.com to get the latest information on the toll roads. He reported that, at the last meeting, the San Joaquin Hills Board and the Foothill Eastern Board approved the creation of a provisional board of directors to form a combined toll road agency to look into the viability of purchasing the two existing agencies and operating the toll roads as a single agency. He stated that this effort will begin this week when the provisional board meets for the first time. Local Coastal Program Certification Committee. Mayor Pro Tern Ridgeway stated that they met today to discuss the revised draft which excludes all of Newport Coast since they already have an approved LCP. He reported that a few modifications were made today and the direction now is to take the draft LCP to the Environmental Quality Affairs Committee (EQAC), Planning Commission, Coastal Commission, Economic Development Committee (EDC), and Harbor Commission for comments. He reported that copies are available on the City's website and at the library. Newport Coast Advisory Committee (NCAC). Council Member Heffernan stated that they met on April 2. He indicated that their primary item dealt with the amendment of the annexation agreement. He noted that one of the issues is about who can sign and be a party to the amended agreement. He explained that amending the agreement is important because the City has money that it is obligated to pay the Newport Coast residents. He also reported that the City has $7 million set aside for a 22,000 square foot community center. He noted that the Newport Coast residents have the right to veto the community center and have the money paid back to them in assessment debt relief. He indicated that they are trying to pinpoint a location for the community center and then they will conduct a community outreach. He also reported that the signal at Sage Hill School will be operational at the end of the month. He noted that they will now be meeting the first Wednesdays of each month, instead of the first Tuesdays of the month. Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb reiterated that their next meeting is tomorrow. Redistricting Committee. Mayor Bromberg stated that the Committee is meeting tomorrow at 1:00 p.m. and hopes to bring Council all the scenarios they are considering to,the April 22 meeting. He assured Corona del Mar residents that consideration of breaking up Old Corona del Mar's district is not one of the scenarios. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 18. PLANNING COMMISSION AGENDA FOR APRIL 3, 2003. Planning Commission Planning Director Temple reported that Item 1 (McDonald's Corporation) (68) was removed from the agenda because the proponent is redesigning the project. Ms. Temple reported that the use permit for Item 2 (Thai Del Mar) was approved which authorizes the use of seats and tables where it had not Volume 56 — Page 85 City of Newport Beach City Council Minutes April 8, 2003 been authorized previously. Regarding Item 3 (Code Amendment — PA2003 -054), Ms. Temple stated that the Commission is recommending to Council that the use permit required for a granny unit be acted on at the staff level only if it complies with the current development standards in the code. She noted that any variation would require a Commission hearing. She reported that, since this is a code amendment, it will automatically come before Council. Regarding Item 4 (Castleton residence), Ms. Temple stated that the Commission heard an appeal to a Modifications Committee approval and decided to sustain the Committee's action. Regarding Item 5 (129 Agate Avenue — PA2002 -244), Ms. Temple stated that the proposal is to change the General Plan and zoning designations for the three lots from mixed commercial and residential to two - family residential which would allow for construction of either single - family dwellings or duplexes. She reported that a subdivision of the three lots was also approved to divide the lots into two to reduce the potential density. She noted that this also automatically comes before Council for final action. Regarding Item 6 (Ensign residence — PA2003 -006), Ms. Temple stated that the variance request was to exceed the 24 foot height limit. She noted that, although the project on the bluff side of the property exceeded the 24 foot height limit, the overall project still meets the height -of -curb height limit. She reported that the Commission voted to approve the proposal and noted that this is subject to call up by Council or an appeal by the public. In response to Council Member Heffernan's question, Ms. Temple confirmed that Item 6 is subject to approval by the Coastal Commission. She also confirmed that, if the City had the LCP, it would be approved completely in- house. She stated that the only distinction is that this property is in a location where the City's action on the Coastal Development Permit would be subject to appeal by the Coastal Commission because it is in one of the areas defined for continued appeal and is within 300 feet of a coastal bluff. Council Member Nichols requested that Items 2, 5, and 6 be called -up for a future Council meeting. Council Member Nichols believed that Council does not receive notification about Planning Director actions which are subject to call-up. Ms. Temple reported that Council receives a weekly memo that summarizes all Planning Department actions. Mayor Bromberg noted that each Council Member receives this report in his mail packet. N. PUBLIC HEARING 19. REVIEW OF THE FY 2003 -2004 COMMUNITY DEVELOPMENT BLOCK GRANT ONE -YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Volume 56 — Page 86 INDEX CDBG Action Plan (87) City of Newport Beach City Council Minutes April 8, 2003 Associate Planner Trimble reviewed the recommendation and highlighted the organizations who may be receiving portions of the public service grants as outlined on page 3 of the staff report. He reported that the amount of funding is predetermined since the City is limited to using 15% of the City's total grant. He explained that the City issues a Notice of Funding Availability (NOFA), the organizations apply for the funding, the requests are reviewed and compared to specific criteria, and then funding amounts are recommended to Council. Mayor Pro Tem Ridgeway noted that Council will be voting on the grant recipients at the May 13 meeting. Mayor Bromberg opened the public hearing Heather Fitzgerald, Mercy House, thanked Council for considering their $5,400 grant for the food pantry program at Emmanuel House. Jim Hildreth believed that Item 18 was never opened for public comment nor officially received and filed. There being no further public testimony, Mayor Bromberg closed the public hearing. Motion by Mayor Pro Tem Ridgeway to approve the recommendations for funding and schedule the revised Action Plan for City Council approval at the conclusion of the May 13, 2003 public hearing. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None O. CONTINUED BUSINESS 20. PLANNING DEPARTMENT STAFFING LEVELS. Mayor Bromberg reported that this was discussed at the last study session and that the only modification is that the City Manager is recommending that both positions be staffed- Mayor Pro Tem Ridgeway noted that the positions are basically funded through fees. Motion by Mayor Pro Tem Ridgeway to approve a budget amendment (BA -065) adding two positions in the Planning Department. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Volume 56 — Page 87 INDEX BA -065 Planning Department Staffing Levels (40/66) City of Newport Beach City Council Minutes April 8, 2003 Absent: None P. MOTION FOR RECONSIDERATION - None. Q. ADJOURNMENT - at 8:00 p.m in memory of fallen Marine Jose Angel Garibay, Newport Harbor High School graduate; and Randy Smith, Orange County Fair Board Member. The agenda for the Regular Meeting was posted on April 2, 2003, at 2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 56 - Page 88 I