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HomeMy WebLinkAbout05/27/2003 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting May 27, 2003 - 7:00 p.m. STUDY SESSION - 4:00 p.m. INDEX CLOSED SESSION - 6:00 p.m A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Proctor, Ridgeway, Webb, Nichols, Mayor Bromberg Absent: Adams C. CLOSED SESSION REPORT - None. D. PLEDGE OF ALLEGIANCE - Council Member Proctor. E. INVOCATION - The Reverend Praveen Bunyan, St. James Episcopal Church. F. PRESENTATIONS Youth Council Annual Presentation. Aaron Israel, Chairman of the Newport Beach Youth Council, recognized the members of the Youth Council in attendance at the meeting. Using a PowerPoint presentation, Alex Greer, Vice Chairman, displayed the Youth Council's mission statement, purpose and responsibilities, accomplishments and future goals. Mr. Greer thanked the City Council for its involvement. Mayor Bromberg thanked the Youth Council for all they've done and encouraged the members to continue with their community participation. Presentation of APA Award of Merit for Visioning Process. Assistant City Manager Wood announced that the Orange County Section of the American Planning Association awarded the City with the 2003 Award of Merit for Planning Implementation in a Small Jurisdiction for the City's general plan visioning process. She thanked the City Council for its support and the members of the public that participated in the process. Proclamation declaring Sunday, June 1, 2003 as the 10th Annual Celebrate Balboa Island Day. Mayor Bromberg presented proclamations to Fire Chief Riley, Balboa Island Business Association President Sherry Drewry, Balboa Island Improvement Association President Craig Page and Little Balboa Island Property Owners Association Vice President Jeff Herdman, congratulating them for their community spirit and proclaiming June 1, 2003, Volume 56 - Page 168 City of Newport Beach City Council Minutes May 27, 2003 INDEX as the 10th Annual Celebrate Balboa Island Day. Mayor Pro Tern Ridgeway displayed the t -shirt received by the council members in recognition of the day. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Mayor Bromberg stated that Council Member :Nichols made an accusation at the Planning Commission meeting of May 22, 2003, that a planning commissioner, or planning commissioners, took a bribe on a particular issue. Mayor Bromberg stated that he didn't think this had ever happened in the City before. He requested that the City Attorney prepare a report on the testimony given by Council Member Nichols and that if the report establishes that Council Member '.Nichols did make the accusation with no factual basis, that a discussion on possible sanctions, including the issue of censure, also be included in the report. Additionally, Mayor Bromberg requested that the report include what action the City Council should, or could, take to avoid such conduct in the future. • Council Member Heffernan requested a report on the status of the refilling of the San Joaquin Hills Reservoir. Mayor Pro Tern Ridgeway stated that an Environmental Impact Report (EIR) is being circulated on the San Joaquin Hills Reservoir. • Council Member Nichols stated that he will be calling up the item mentioned earlier by Mayor Bromberg during the report of the Planning Commission agenda, Item No. 20, for discussion. Mayor Bromberg stated that it would not be a discussion item. He explained that it is only a report of what action was taken at the Planning Commission meeting. Council Member Nichols stated that he made his comments at the Planning Commission meeting because he felt that the action taken by the Planning Commission was illogical. He stated that he didn't mean to imply improper behavior or dishonesty by individual planning commissioners, but that the result of their decision did not seem to be equitable. City Attorney Burnham stated that it is inappropriate to discuss the substance of the comments made by Council Member Nichols at the Planning Commission meeting during this portion of the agenda. Mayor Bromberg added that if the Planning Commission item is called - up and comes back to the City Council, it would then be the appropriate time to discuss the matter further. Volume 56 - Page 169 City of Newport Beach City Council Minutes May 27, 2003 • Mayor Bromberg requested that a future agenda item address the restructuring of the Oil & Gas Field Operations Committee and the Coastal/Bay Water Quality Citizens Advisory Committee. • Mayor Bromberg announced that the appointments for the vacancies on the boards and commissions would be made at the City Council meeting of June 24, 2003. He stated that approximately 100 applications were received for the vacancies and that the Ad Hoc Appointments Committee will be interviewing about a third of those that applied. I. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar by Council Member Webb. 2. Item removed from the Consent Calendar by a member of the audience. ORDINANCES FOR ADOPTION 3. TOW TRUCK ORDINANCE. Adopt Ordinance No. 2003 -8. 4. AMENDMENT TO MUNICIPAL CODE SECTION 12.44.027, NEIGHBORHOOD ENHANCEMENT RESERVE. Adopt Ordinance No. 2003 -9. RESOLUTIONS FOR ADOPTION 5. RESOLUTION RELATING TO THE CITY S 2003 -04 LEGISLATIVE PLATFORM. Adopt Resolution No. 2003 -24 adopting a Legislative Platform for 2003 -04 and authorizing the Mayor to issue statements and letters consistent with the Platform. 6. Item removed from the Consent Calendar by Council Member Webb. CONTRACTS AND AGREEMENTS 7. PROFESSIONAL SERVICES — BUDGET AMENDMENT. 1) Authorize the City Manager to enter into a $66,557 contract with Mr. Larry Paul of Tetra -Tech, Inc. for consultant services relating to Newport Bay; and 2) approve a budget amendment (BA -069) in the amount of $128,600 transferring revenue from unencumbered reserves to the City Manager's Professional and Technical Services (8080) Account. S. 2002 -2003 CITYWIDE SLURRY PROGRAM — REJECT BID FOR (C- 3559). Reject the bid received for C -3559 and authorize staff to re- Volume 56 — Page 170 INDEX Ord 2003 -8 Tow Trucks (70) Ord 2003 -9 Neighborhood Enhancement Reserve (40) Res 2003 -24 Legislative Platform (48) C -3614 BA -069 Harbor Projects (38/40) C -3559 2002 -2003 Slurry City of Newport Beach City Council Minutes May 27, 2003 INDEX Volume 56 - Page 171 advertise the project. Program (38) 9. IRVINE AVENUE MEDIAN LANDSCAPING II (DOVER DRIVE C -3576 TO HOLIDAY ROAD) - AWARD OF CONTRACT (C- 3576). BA -070 1) Approve the plans and specifications; 2) award the contract (C -3576) Irvine Avenue to DMA Greencare Contracting for the total bid price of $189,995.56 and Median authorize the Mayor and the City Clerk to execute the contract; Landscaping II 3) establish an amount of $18,954.44 to cover the cost of unforeseen (38/40) work; and 4) approve a budget amendment (BA -o70) appropriating $62,530 from the unappropriated balance of the Circulation and Transportation Fund to Account loo. 7261- C5100696. 10. OCEAN FRONT BEACH ACCESS WALKWAYS - AWARD OF C -3378 CONTRACT (C- 3378). 1) Approve the plans and specifications; BA -071 2) award the contract (C -3378) to Terra Pave, Inc. for the total bid price Ocean Front of $67,132 and authorize the Mayor and the City Clerk to execute the Beach Access contract; 3) establish an amount of 56,700 to cover the cost of unforeseen Walkways work; and 4) approve a budget amendment (BA -071) transferring (38/40) $13,832 from Tidelands Account No. 7231- CO310684 to Account No. 7231- C5100568. 11. 21sT STREET/NEWPORT BOULEVARD INTERSECTION C -3615 IMPROVEMENTS, APPROVAL OF PROFESSIONAL SERVICES 211 Street / AGREEMENT WITH METROPOINTE ENGINEERS. Approve a Newport Blvd. Professional Services Agreement with Metropointe Engineers of Costa Intersection Mesa at a contract price of $87,330 and authorize the Mayor and City Improvements Clerk to execute the Agreement. (38) 12. Item removed from the Consent Calendar by Council Member Heffernan. 13. ANNUAL FINANCIAL AUDIT CONTRACT RENEWAL. Authorize C -3350 the City Manager to renew the contract with the CPA firm of Conrad Annual Financial and Associates, L.L.P. to perform the City's annual financial audit for Audit the fiscal years ending June 30, 2003, 2004, and 2005. (38) 14. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT C -3617 WITH DAVID VOLZ DESIGN FOR GRANT PROPOSAL WORK BA -073 AND BUDGET AMENDMENT FOR MORNING CANYON / Morning Canyon/ WATERSHED PROJECT PLANNING. 1) Approve a Professional Watershed Services Agreement for Newport Watershed Grant Proposal Services Project with David Volz Design (DVD) in the amount of $39,906 and authorize (38/40) the Mayor and the City Clerk to execute the Agreement; and 2) approve a budget amendment (BA -073) appropriating $64,906 from the unappropriated balance of the General Fund to Account No. 7014 - 05100711 Morning Canyon/Watershed Projects. MISCELLANEOUS ACTIONS 15. 2003 -04 PROPOSED BUDGET HEARING; 2003 -04 Budget and APPROPRIATION LIMIT HEARING. Schedule a public hearing of Appropriation the City's Proposed Budget and Appropriation Limit for the 2003 -04 Limit Hearings Volume 56 - Page 171 City of Newport Beach City Council Minutes May 27, 2003 fiscal year on June 10, 2003, at 7:00 p.m. in the City Council Chambers; and direct the City Clerk to publish a notice of said hearings. 16. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION. 1) Accept resignation of Shant Agajanian (Planning Commission) effective May 19, 2003; 2) waive noticing and appointment requirements pertaining to unscheduled vacancies as outlined in City Council Policy A -2; and 3) confirm the direction provided by the Ad Hoc Appointments Committee to incorporate the appointment for this vacancy with the appointments to fill the scheduled vacancies. 17. APPOINTMENT OF COMMITTEE TO DISCUSS LEASE TERMS FOR MARINAPARK PROPERTY WITH SUTHERLAND TALLA HOSPITALITY. Confirm Mayor's appointment of Mayor Pro Tem Ridgeway and Council Member Heffernan. 18. COMMENTS ON DRAFT FIR ON IRVINE RANCH WATER DISTRICT'S NATURAL TREATMENT SYSTEM PROGRAM. Approve and authorize the Mayor to send comment letter. 19. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING FISCAL YEAR JULY 1, 2003 TO JUNE 30, 2004. Authorize the City Clerk to publish a notice advertising for bids to be received on or before the hour of 4:00 p.m. on Wednesday, June 11, 2003 for a one -year contract covering the publishing and printing of legal notices, or other material required to be published and circulated in the City of Newport Beach. Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar, except for those items removed (1, 2, 6 and 12). The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Webb, Nichols, Mayor Bromberg Does: None Abstain: None Absent: Adams J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MAY 13, 2003 AND SPECIAL MEETING OF MAY 21, 2003. Council Member Webb clarified his statement on Page 121 of the Study Session minutes. He stated that what he requested was an estimate for budget consideration on the installation of toilet seats at all public restrooms. Jim Hildreth stated that the portion of the Balboa Island Bridge that he brought to the City Council meeting of May 13, 2003, isn't described well in the Regular Meeting minutes. Further, on Page 129, he stated that Volume 56 - Page 172 INDEX (40) Planning Commission Unscheduled Vacancy (24) Marinapark Property Lease Terms Committee (24) IRWD Natural Treatment System (51) Legal Publications 2003 -2004 (32) City of Newport Beach City Council Minutes May 27, 2003 he was only speaking of one individual who was required to put in a stainless steel grounding rod. He stated that the minutes need to be recorded correctly. He additionally noted that when he discussed the municipal code section, he stated that the City is to keep and maintain pier permit records, and when mentioning the Harbor Resources Director, he mentioned him by name, Tony Melum. Mr. Hildreth stated that at the conclusion of his comments on Page 140, the Mayor's statement about revelers is not recorded either. He noted that some took offense to the statement. Motion by Mayor 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, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams 2. READING OF ORDINANCES AND RESOLUTIONS. Jim Hildreth stated that the general public expects a short excerpt of the agenda items to be stated at the meetings. He requested that the highlights of what is being presented to the City Council be read. Motion by Mayor Pro Tern Ridgeway to waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams 6. FOURTH OF JULY STREET CLOSURE RESOLUTION. Council Member Webb noted that the resolution includes Back Bay Drive as one of the authorized streets that may be closed. He requested that a recital be included in the resolution that explains why Back Bay Drive is included, and that he doesn't understand why it might need to be closed since it's an isolated area. Mayor Pro Tem Ridgeway stated that it's a queuing location for vehicles on the 41h of July and is included as a safety measure. Police Chief McDonell added that it is not intended that the closure will occur, but the authority needs to be in place in case it is determined that Volume 56 - Page 173 INDEX Res 2003 -25 4th of July Street Closure (70) City of Newport Beach City Council Minutes May 27, 2003 a closure is warranted. He cited tire danger as an example of requiring the need to close Back Bay Drive. Motion by Mayor Pro Tem Ridgeway to adopt Resolution No. 2003 -25 authorizing the temporary closure of Seashore Drive, Newport Boulevard and Balboa Boulevard, and selected feeder streets. Council Member Webb asked if a recital could be added that provides the reasons for needing to close Back Bay Drive. Mayor Pro Tem Ridgeway stated that the recital already provides reasons for the closures and doesn't designate by geographical area. City Attorney Burnham stated that he could add language incorporating the Police Chiefs remarks and a discussion of the roadway. Amended Motion by Mayor Pro Tem Ridgeway to adopt Resolution No. 2003 -25 authorizing the temporary closure of Seashore Drive, Newport Boulevard and Balboa Boulevard, and selected feeder streets, as amended to include a recital discussing the reasons for a possible closure of Back Bay Drive. The amended motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams 12. AWARD OF LANDSCAPE MAINTENANCE AGREEMENT FOR BONITA CANYON SPORTS PARK. Council Member Heffernan stated that the project has been plagued with contractor problems. He stated that his concern for bringing in another contractor to perform the ongoing landscape maintenance is that the City might release or compromise its rights to make a claim against the contractor to require that any defects be corrected. General Services Director Niederhaus stated that staff really has no other choice than to recommend an assumption of maintenance and that it would be in the best interest of the City to have direct control over the maintenance to insure that the fields will be ready for use in the Fall. Council Member Heffernan recalled that there were some mechanical defects with such items as sprinkler valves and backflow devices. City Manager Bludau stated that the problems have been fixed and that the items also come with a warranty. He added that the City feels comfortable taking over the maintenance and that it won't waive any liability issues that might arise in the future. In response to Council Member Webb's question, General Services Director Niederhaus stated that the City will assume the maintenance of the landscaping on June 1, 2003, except for the west area, which will be assumed a couple months later under the proposed contract. Volume 56 — Page 174 INDEX C -3616 Landscape Maintenance Bonita Canyon Sports Park (3S) City of Newport Beach City Council Minutes May 27, 2003 11011a.4 Jim Hildreth stated that the contractor who failed to meet their obligations should have been named in the staff report. Motion by Mayor Pro Tern Ridgeway to approve the agreement with TruGreen LandCare to provide landscape maintenance of Bonita Canyon Sports Park at an annual cost of $116,736 for the entire park; and authorize the contract to take effect June 1, 2003 for services to commence only at the completed areas of the Park (mid and east areas). The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Webb, Nichols, Mayor Bromberg ?Noes: None Abstain: None Absent: Adams K. PUBLIC COMMENTS Richard Spane stated that he also spoke at the City Council meeting of May 13, 2003, regarding the $4 million grant to the Airport Working Group (AWG). Mr. Spane stated that the City's reports have indicated that there were serious problems with the way the money was spent, that some individuals were paid twice for the same job and that moneys were commingled. He stated that the citizens were promised an audit by November 2002, and that it was said to be a requirement. He expressed his understanding that several council members do not want an audit, but Mr. Spane requested that an audit be done. He stated that his next step will be to see if there are any indictable situations. City Attorney Burnham stated that the report that was prepared may not have been a formal audit, but was a thorough analysis of the grant expenditures. He added that some minor issues were reported but overall, the funds were used consistent with the terms and conditions of the grant. City Attorney Burnham stated that the grant does not have an expiration date and the grant funds were to be used by AWG for a wide variety of purposes related to transportation in Orange County. He disagreed with Mr. Spane's characterization of the report, and felt that the report identified how the funds were spent. City Manager Bludau added that the report was a compliance audit, warrants were checked and there was no suspicion that the money was used unwisely or illegally. Jim Hildreth stated that the house at 109 Grand Canal was built without a building permit, the owner was cited and given certain criteria to follow. Mr. Hildreth stated that the owner complied with the criteria and was able to build his house. Additionally, Mr. Hildreth stated that the government classifies a disabled individual as one who cannot lift ten pounds, cannot stand and walk for two hours, and cannot sit for six hours. He stated that he doesn't qualify as a disabled individual, but that he is physically handicapped. He noted that a Volume 56 — Page 175 City of Newport Beach City Council Minutes May 27, 2003 INDEX person who is shown to have a physical impairment is allowed certain variances by the City. He specifically noted that the relocation of the ladder at the southwest end of the Grand Canal as being unjustified. Mayor Bromberg stated that the issue of the shore mooring, referred to by Mr. Hildreth, was previously considered by the City Council. He stated that it was decided not to move the shore mooring to a location that was readily accessible. Mayor Bromberg requested that the issue be revisited. • Dolores Otting suggested that the public have access to the audio tapes of the Planning Commission meetings. She referred to various items on the current agenda that involved the expenditure of money, and stated that money should be spent that would allow the public to get a copy of the Planning Commission meeting tapes. She requested that this be considered during the budgeting process. Mayor Bromberg stated that he knows the issue has been addressed before, and was brought up again after the recent Planning Commission meeting. He reported that the tape of that meeting has been copied and a transcript is being prepared, but that there is a compatibility problem with the equipment that is used. He requested that research be done to find a system that will alleviate the compatibility problem. Mayor Pro Tern Ridgeway agreed that the compatibility problem is unacceptable. He requested that the Planning Department make their equipment compatible with the City Clerk's office. City Clerk Harkless stated that it is not a compatibility issue between the two departments, but a result of the equipment that is used in the Council Chambers, which is multi - channel and records at a different speed. She added that staff has researched the issue, and that the remedy is expensive and time consuming. Mayor Bromberg requested that the issue be looked at again. Council Member Heffernan asked why the recording of the meetings is so difficult. City Clerk Harkless stated that it is partly due to the fact that the system has to be tied into every microphone in the Council Chambers. • Brain Clarkson stated that at the City Council meeting of May 13, 2003, it was suggested that a town hall meeting be held to discuss the 4th of July issues and possible solutions. He stated that he has had conversations with the City Attorney and the Police Chief about the details of setting up the meeting. Mr. Clarkson stated that commitments are pending from some of the council members, and expressed his support for holding the meeting. City Attorney Burnham stated that he has been in contact with Mr. Clarkson, that it will be a City- sponsored town hall event and that anyone from the public will be invited to attend. Pending confirmation from Hoag Hospital, which has been selected as the site for the meeting, Volume 56 - Page 176 City of Newport Beach City Council Minutes May 27, 2003 City Attorney Burnham stated that he only contacted the rest of the council members earlier in the day. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report — Ad Hoc General Plan Update Committee (GPUC). Mayor Bromberg reported that GPUC did not meet since the last City Council meeting. Status report — Local Coastal Program Certification Committee. Mayor Pro Tem Ridgeway reported that there was also nothing new to report in regard to this committee. Status report — Newport Coast Advisory Committee. Assistant City Manager Ki£f reported that the previous week, the Fire Department posted the fuel modification zones that still have potential hazards in the event of a wild land fire. He stated that a meeting was held with the Newport Ridge Homeowners Association Board, who was very receptive to do something quickly. Council Member Heffernan added that the Fire Department surveyed the Newport Ridge area to ascertain current conditions. Once that was completed, notices were posted and enforcement began. He stated that, for public safety reasons, it is important for the Fire Department to be proactive. Status report — Mariners Joint Use Library Ad Hoc Steering Committee. Mayor Pro Tem Ridgeway reported that colors and materials were selected, and a cost estimate will now be performed. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 20. PLANNING COMMISSION AGENDA FOR MAY 22, 2003. Assistant City Manager Wood stated that the first item on the Planning Commission agenda involved an amendment to an existing use permit to increase the number of eating and drinking establishments at the new Bluffs Commercial Center. The item was approved by the Planning Commission. The second item was a request to allow an increase in the number of seats, and the sale of beer and wine at E1 Tarasco. The Planning Commission approved the request and also allowed the restaurant to remain open until 2:30 a.m. Assistant City Manager Wood stated that the next item on the agenda involved a variance for the Ciraulo residence on South Bay Front. She stated that the circumstances were unusual because the construction had gone beyond what the building permit allowed and the additional construction on the third level required a variance for exceeding the height limit. She stated that the Planning Commission recognized that the property owner was unaware that unauthorized construction took place and that removing the unauthorized construction would have significant engineering and financial consequences. The findings, however, that are required for a variance couldn't be made, so the Planning Commission denied the variance. Volume 56 — Page 177 INDEX Planning Commission (6S) City of Newport Beach City Council Minutes May 27, 2003 She stated that the final item on the agenda was a review of the Capital Improvement Program (CIP), which was found to be consistent with the general plan and other local policy documents. Council Member Nichols requested that the Ciraulo residence item be called up. Council Member Proctor asked if recusal is obligatory since the council member that is calling up the item testified at the Planning Commission meeting and has a position on the item. City Attorney Burnham stated that the issue is being researched. Mayor Bromberg requested that the property owner not be prejudiced or compromised. City Attorney Burnham stated that recusal is not required with respect to the call up. The issue would only arise in the context of the hearing itself. N. PUBLIC HEARINGS 21. CODE AMENDMENT CA 2003 -004 - ABO AMENDMENT (PA 2003 -090) - AMENDS THE ALCOHOLIC BEVERAGE OUTLET (ABO) ORDINANCE (CHAPTER 20.89) TO PROHIBIT OFF -SALE ALCOHOLIC BEVERAGE OUTLETS FROM SELLING OR STORING ALCOHOLIC BEVERAGES OUTSIDE OF THE EXTERIOR WALLS OF THE ESTABLISHMENT. Mayor Bromberg opened the public hearing. Brian Clarkson stated that Free Newport opposes the amendment because the City Council is attempting to dry up West Newport on the 4th of July and the residents of West Newport don't want it. He stated that alcohol is not an illegal drug and prohibition only showed an increase in crime, resentment towards police officers and higher alcohol consumption rates. Mr. Clarkson added that West Newport shouldn't be treated differently than the rest of the community. He stated that the petition that was presented at the City Council of May 13, 2003, included opposition to an alcohol storage ban. Mayor Bromberg stated that the petition that was presented wasn't really a petition, and that the amendment that is being proposed is only requiring alcoholic beverage outlets to sell their alcohol within the walls of the establishment. Mayor Bromberg read an e -mail he received from a citizen in support of the City Council's actions to attempt to control the 4th of July mayhem on the Balboa Peninsula. Council Member Proctor stated that the amendment has nothing to do with prohibition, and is only preventing the sale of alcohol outside of establishments, such as from trucks in the parking lots. Jim Hildreth stated that it appears that the City Council is punishing the businesses. He stated that businesses have limited floor space and Volume 56 - Page 178 INDEX Ord 2003 -10 PA2003 -090 Alcoholic Beverage Outlet (ABO) Amendment (68) City of Newport Beach City Council Minutes May 27, 2003 the City should support the opportunities for businesses to make money. He stated that it's not in the City's best interest to pick on the residents or businesses in the City. He stated that the visitors to the City that are causing the problems should be the ones to carry the blunt. Mr. Hildreth stated that the residents want to have a good time and the businesses want to succeed, and only those causing the problems should be reprimanded. He stated that a great deal of revenue is received by the City for Driving Under the Influence (DUI) arrests. Dolores Otting confirmed with City Attorney Burnham that the amendment would apply to all of the liquor stores in the City. Ms. Otting stated that she didn't understand why such an amendment would be needed or why alcoholic beverage outlets feel they should be entitled to sell alcohol from their parking lots. She stated that she is in support of anything that limits the amount of alcohol consumption by minors. Mike Doyle asked if the amendment is directed at offsite sale or storage of alcohol. City Attorney Burnham stated that it prohibits the storage or sale of alcohol outside the exterior perimeter of the structure. Alcohol storage and sale is permitted within the establishment. He added that the amendment only applies to the 4th of July and the two hours following. Hearing no further testimony, Mayor Bromberg closed the public hearing. Motion by Mayor Pro Tem Ridgeway to adopt Ordinance No. 2003 -10. Council Member Proctor reiterated that the problem has been with semi - trucks parking and storing alcohol in the parking lots. Alcohol sales can still occur within the establishment. He stated that this will primarily affect visitors to the area who don't arrive until the 4th of July. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams O. CONTINUED BUSINESS 22. APPOINTMENTS BY THE CITY COUNCIL TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC) AND THE AVIATION COMMITTEE. Council Member Webb stated that he is waiting to talk with a potential appointee who is currently out of town. Volume 56 — Page 179 INDEX EQAC /Aviation Committee Appointments (24) City of Newport Beach City Council Minutes May 27, 2003 With the absence of Council Member Adams, Mayor Bromberg stated that the item would be continued to the City Council meeting of June 10, 2003. 23. CITY HALL FACILITIES SCHEMATIC DESIGN - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH GRIFFIN HOLDINGS, INCORPORATED (contd. from Study Session of 4/08/03). Public Works Director Badum reported that the item was addressed at the Study Session on April 8, 2003. The direction was to provide more information regarding economics, potential revenue opportunities and potential increases in productivity, and that staff is recommending that an agreement for the schematic design of the City Hall facilities be approved. Roger Torriero stated that he is a principal of Griffin Structures, the program managers for the City Hall, parking structure and fire station projects. Using a PowerPoint presentation, Mr. Torriero displayed a list of the specific questions asked by the City Council at the meeting of April 8, 2003, and stated that his presentation would cover these areas. In regard to a question about the expected operational savings from new facilities, he stated that there would be cost savings resulting from energy efficiencies and reduced maintenance costs. Mr. Torriero noted that a comprehensive and detailed analysis of the issues he would be discussing is on file in the City Clerk's office. Continuing with the presentation, Mr. Torriero stated that a new building is estimated to save a minimum of 17% in energy and operating costs over the first five years, and $3,750,000 over a 40 -year building life. Maintenance costs would be reduced from the current $4 per square foot per year to $1.25, or a savings of $3.7 million over a 40 -year building life. Mr. Torriero stated that the current buildings and the layout of the buildings create inefficiencies and productivity losses. It is estimated that productivity could be improved by approximately 15 %, or an effective value of $2 million annually. He stated that another immediate benefit of a new facility design is the revenue potential from the proposed parking structure, which is estimated to be $300,000 in the first year for off -hour and weekend uses. He stated that public visitors will also be affected by a new design and noted that actual counts by staff shows that there are approximately 2,500 public visits per week to City Hall, which is projected to be over 130,000 visits per year. Mr. Torriero stated that three alternative concepts were presented at the April 8, 2003, meeting, and a suggestion was made to consider a lot line adjustment with the adjacent property owner. Mr. Torriero displayed an aerial photo of the existing site and a diagrammatical layout of the recommended alternative using the existing site configuration. He displayed a fourth concept, which showed the impact on the layout if a proposed land swap with the adjacent property owner were successful. He also displayed two alternative site plans, assuming Volume 56 - Page 180 INDEX C -3502 City Hall Needs Assessment (3S) City of Newport Beach City Council Minutes May 27, 2003 a successful land swap. INDEX Mr. Torriero stated that it is recommended that the City Council advance the planning and design, through the schematic design phase only, of the overall project. This would provide the detailed information needed to make an educated decision on whether to move forward with the construction of a new City Hall. He stated that it is also recommended that the City Council authorize staff to engage the adjacent property owner in non - binding discussions regarding a land swap and direct the project team to schedule a series of community workshops to solicit input regarding the planning and design of the project. Mr. Torriero stated that the final recommendation is to direct staff and the project team to present the final schematic design for the overall project and related schematic cost estimates to the City Council before the end of January 2004. Council Member Heffernan stated that the City as a whole still hasn't been looked at. Other locations haven't been considered to determine if City Hall could be in a better location. He added that there is also the consideration of replacing the existing buildings while having to do business at the same time. Council Member Heffernan understood from the last meeting that Griffin Structures wasn't directed to look at other sites, but it might have been more prudent to do so. Mr. Torriero noted that much of the information that has been developed such as the needs assessment, the programming and cost estimates were not site specific and could be applied elsewhere. Mayor Pro Tem Ridgeway requested that Mr. Torriero discuss the placement of city facilities in areas of need. Mr. Torriero stated that West Hollywood provides an example, where a conscientious decision was made to place the City Hall at the far end of the City, away from a possibly more popular location. He stated that it was done to stabilize an area from further decline and ended up being very successful. Council Member Heffernan stated that if the replacement of the existing City Hall is a redevelopment project, then it should be called that and listed as a factor. City Manager Bludau stated that when he began his discussions with Mr. Torriero, he felt that the first question to answer was whether or not a new City Hall was needed. He felt that if location were a part of that discussion, it would be more difficult to answer. Mayor Bromberg stated that he felt there was a consensus to keep City Hall in its current location since this is where the City began, but that a motion can be made to have other locations explored. In regard to the consideration of a new City Hall, Mayor Bromberg stated that the current facility is archaic, is busting at the seams and should be replaced. He added that the Fire Station is not safe and should also be replaced. Mayor Bromberg stated that Newport Beach is the most affluent city in Orange County, yet has the rattiest City Hall. He didn't feel that people coming to City Hall should have to pay for parking, however. He stated that a new City Hall will create efficiencies for the employees and will result in better service to the citizens. Volume 56 — Page 181 City of Newport Beach City Council Minutes May 27, 2003 INDEX Council Member Nichols agreed with the land swap and the squaring off of the property. He stated that working with the adjacent property owners might be useful and could make the project a better one. Mr. Torriero stated that the entire area could be reconsidered and that a town square environment might be possible. He stated that it would be wise to explore an integration of the sites, which is what the next phase of the project would do. Council Member Proctor stated that the issue of needing more space at City Hall is not a new one. He asked if another site would be less expensive. Mr. Torriero stated that the only differential in cost would be the temporary facilities that would be used during demolition and construction. He stated that another site could create unknown costs, such as acquisition and geotechnical subsurface soil conditions. Council Member Heffernan asked if all tests had been done on the current site. Mr. Torriero stated that Phase I yielded no known or hazardous materials and the proposed project would be two stories, like the current facilities. Council Member Heffernan stated that it has been determined that the current facilities are seismically deficient. He asked how this would be countered with new facilities. Mr. Torriero stated that it is countered by means and methods of construction and assemblage. He stated that newer seismic codes deal with strength of materials, and methods of joinery and assembly. Council Member Nichols noted that the area houses a primary fault line. Mr. Torriero stated that the proximity to the fault line anywhere within the City would not change greatly. He added that the fire station should function as an essential facility and survive a seismic event, and that all of the existing buildings at the City Hall site are seismically deficient. Council Member Webb agreed that there isn't enough room at City Hall, but he didn't know if it was necessary to tear everything down and start over again. He stated that the staff comments that were included in the report expressed a need for more space, a need to group the departments together, a need for more conference space and a desire not to be in one open floor plan with cubicles. Council Member Webb stated that he likes old buildings and the opportunity to walk outside, such as the current layout provides, and has learned that the seismic problems may not be as great as have been described. He stated that the City might be able to get by with reconstructing only some of the buildings. He specifically suggested that Building D be replaced, a land swap be worked on to make room for a new parking structure, and a remodeling of the utilities in Building B be done. He stated that he didn't feel comfortable with an entirely new City Hall facility. City Manager Bludau agreed that the City could get by with remodeling but that at some point, a difficult decision is going to have to be made about replacing all of the buildings. He stated that it shouldn't be done just to improve efficiency, although with 130,000 people visiting the complex per year that aren't City employees, improving efficiency in Volume 56 — Page 182 City of Newport Beach City Council Minutes May 27, 2003 INDEX service to the public is important. He stated that providing safe, efficient buildings warrants the project being looked at further. Council Member Nichols stated that a joint use high -rise parking structure should be pursued with the adjacent property owners. He stated that if this could be negotiated, it would make the site more valuable to develop as a proper City Hall. He suggested that this be done first, and that it could act as a stimulus for the area and solve the existing parking shortage problem. Mr. Torriero stated that alternate site plans were looked at in the original presentation, but the other scenarios didn't improve efficiency or replace the old buildings. He stated that there is not enough space to build a new parking structure without removing some of the existing buildings, and that it needs to be done as part of a comprehensive plan. Jim Hildreth stated that moving City Hall to another location, such as "Fascist Island ", might work, but that the public would rather have City Hall remain where it is. He stated that a nearby church already uses City Hall parking spaces for parking on Sundays, and that City Hall is in a community location and viable for parking. He stated that no one is going to want to pay for parking, however. He stated that surveys have indicated that aboveground utilities are safer than underground utilities in an earthquake, so the aboveground City Hall must be safer. He stated that there is a fault line, but that there is a fault in City Hall too. He stated that the few trees that would be sacrificed for the new development could cause an uprising, and suggested that the parking structure be angled or incorporated with the fire station. Mr. Hildreth stated that there are different ways to go about creating a solution, but feels that City Hall should remain where it is since it is a historical landmark. John Dobrott commended the City Council for considering a new City Hall. He stated that the issues that have been discussed are items that need to be considered and he appreciates the City Council tackling the problems. He stated that it shows that the City's business is being conducted as a business and efficiencies are being considered, as is done in the private sector. Motion by Mayor Pro Tem Ridgeway to 1) receive and file report titled, "Comparisons of Continued Occupancy of Existing City Hall vs. Effective Costs of Occupancy in a Replacement City Hall "; 2) approve a Professional Services Agreement with Griffin Holdings Incorporated, for the not to exceed price of $578,185 and authorize the Mayor and the City Clerk to execute the Agreement; 3) approve a budget amendment (BA -072) appropriating $253,185 from the balance of the General Fund Reserve for Capital Improvement to Account No. 7011- C2910545; 4) authorize staff to engage discussions with the adjacent property owner regarding a lot -line adjustment; and 5) direct staff to schedule a series of community workshops regarding the planning and design of the project. Mayor Pro Tern Ridgeway stated that City Hall is located in his district, which has been in a decline for years. He also noted the comments by Volume 56 — Page 183 City of Newport Beach City Council Minutes May 27, 2003 INDEX the City Manager about the number of people that are serviced per year. Council Member Proctor agreed that it's time to deal with the issue and improve service. Mayor Bromberg agreed that the project is worthy of being looked at further. Council Member Heffernan stated that, after looking at the upcoming budget, he can't support the motion. He stated that although efficiency may be improved, it will most likely not result in a decrease in staffing and that government shouldn't get bigger, it should get smaller, particularly when looking at the State's budget deficit, an increase in various expenditures and reductions in revenue. He stated that a new City Hall shouldn't be built in such economic times and he doesn't agree with the City taking on such an expenditure at this time. Mayor Bromberg stated that it is responsible to do this at this time. He stated that more space is needed and efficiency would be improved. Council Member Nichols stated that he is ready to support a new parking structure and new facilities if looked at incrementally, but doesn't feel that $30 million shouldn't be spent on an entirely new building at this time. Mayor Bromberg pointed out that the motion is not approving the expenditure of $30 million. Council Member Nichols expressed his understanding of the motion, and that it would further study and do the design for a new City Hall at the existing site. Mayor Bromberg stated that it is only to study if the City should proceed further. Council Member Nichols stated that he would prefer to proceed with the parking structure, do the design and begin negotiations with the adjacent property owner. He stated that this will make a big difference on the usability of the site. Mayor Pro Tem Ridgeway reminded Council Member Nichols that such a structure can't be designed and built without demolishing existing buildings. He agreed that incremental would be great if it could be done, but it can't. He stated that the town square idea is a good one and the action before the City Council is to allow Mr. Torriero to begin the negotiations and studies needed to achieve this. He stated that the action is only for the schematic design and is appropriate, and that it would be unfortunate not to move forward at this time. Council Member Webb agreed that more space is needed, but expressed his concern that public opinion might not end up supporting the proposed alternative. He asked if the contract could be structured so Volume 56 — Page 184 City of Newport Beach City Council Minutes May 27, 2003 INDEX that public input could be received prior to spending the $500,000, so that a design concept could be looked at that is supported by the community. Mr. Torriero stated that the process will be one of participatory planning, and will involve the community and the vested groups from the beginning. He stated that an opportunities and constraints analysis will be conducted, which will help to present the information and the facts and educate those who will be participating in the process. He stated that there isn't a need to amend the contract, since this is the process that would already be followed. He pointed out that the contract represents approximately 1.5% of the cost of the overall project. He stated that the community needs to be educated and involved in the process, and that the process will provide the City Council with the information needed to make a decision. Council Member Webb stated that he is still concerned that an entirely new City Hall is the only option being studied. City Manager Bludau stated that of the five recommended actions, the first, fourth and fifth recommendations appear to be supported by all of the council members. He stated that the third recommendation approves a budget amendment using money that is in a reserve account for public facilities. He stated that the second recommendation approves a contract and suggested that it could be structured to insure that the fourth and fifth recommendations are conducted first, with City Council approval needed prior to moving forward further. Mayor Bromberg stated that it should be determined if Mr. Torriero is agreeable to such a suggestion. Substitute motion by Mayor Pro Tern Ridgeway to continue the item to the City Council meeting of June 10, 2003. Mayor Pro Tern Ridgeway stated that Mr. Torriero should be allowed to quantify the impact of the suggestion. He added that it will certainly be proven that the community supports a new City Hall. Council Member Heffernan stated that he doesn't feel that the citizens in his district would support a new City Hall, or that they visit City Hall at the rate indicated earlier. He added that he doesn't feel that the citizens support government getting bigger or spending $30 million with the current economy. Dolores Otting agreed with the comments of Council Members Heffernan and Webb. She stated that she doesn't believe a new building will be more efficient, unless a Starbucks is placed in City Hall. She expressed her support for the existing buildings, and their charm and quaintness. She agreed that parking is lacking, but doesn't feel that there is support in the community for a new facility. Brain Clarkson asked if proposals from other developers were considered. Mayor Pro Tem Ridgeway stated that a bid process was followed for Volume 56 — Page 185 City of Newport Beach City Council Minutes May 27, 2003 La determining the needs assessment and schematic designs for City Hall, that five companies competed, and the lowest and most responsive bid was Griffin Structures. The substitute motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams 24. COUNCILMANIC RE- DISTRICTING. Mayor Bromberg stated that the Councilmanic Re- districting Committee is comprised of himself and Council Members Heffernan and Webb. Planning Director Temple stated that the City Charter requires that the City Council look at district alignment on a periodic basis, and that the districts be close to equal in population and geographically contiguous to the extent possible. Planning Director Temple stated that a re- districting plan was adopted in 2002 when the Newport Coast and Newport Ridge area was annexed. It placed the entire area in District 7. She stated that prior to the annexation, the approximate average size of the districts was 10,000 people. With the Newport Coast and Newport Ridge annexation, the future annexations of East Santa Ana Heights, Bay Knolls and the Emerson Tract, and the potential future annexation of West Santa Ana Heights and Costa Mesa Area 7, the approximate average population per district is 11,700 people. Planning Director Temple displayed the committee recommendation and pointed out some of the changes to the district lines. She stated that District 1 expands to the west, District 2 expands across Newport Boulevard, District 3 encompasses the west side of Newport Bay, District 4 includes the head of Upper Newport Bay and the area to the east, District 5 expands into the Irvine Terrace area, District 6 would include Newport Coast and District 7 would include Newport Ridge. She stated that this keeps the Harbor View area in District 7 and the older part of Corona del Mar in District 6. Planning Director Temple also displayed the alternative recommendation, which keeps all of Newport Coast and Newport Ridge in District 7, and expands District 6 to the north. Mayor Bromberg noted that Balboa Island remains in District 5. Council Member Proctor commended the committee and their recommendation. Council Member Nichols suggested a minor deviation in the alignment that would place the Buck Gully area in the same district. Planning Volume 56 — Page 186 INDEX Ord 2003 -11 Councilmanic Re- districting (33) City of Newport Beach City Council Minutes May 27, 2003 INDEX Director 'Temple stated that turther adjustments would need to be made to maintain population equity. Mayor Bromberg confirmed with Planning Director Temple that Bonita Canyon Sports Park is in District 7. Council Member Webb confirmed with Planning Director Temple that all of the senior housing in the area of Poppy Drive is within District 6. Al Willinger stated that the Newport Coast Committee of 2000 spent over three years in negotiations, which resulted in Newport Coast being in one district and the possibility that it could change in the future based on population needs. He also noted that Newport Coast includes Newport Ridge, and the Newport Coast Advisory Committee (NCAC) recently voted in support of maintaining the entire area in one district. He stated that it is an essential ingredient to the development of the community and requested that it be considered by the City Council. Mayor Bromberg stated that realigning the districts will only change the political district lines and who the council representative is. The community will not lose its designation or community input, and the homeowner associations and zip codes will not change. He stated that the community might end up with two council members, which could be looked at as a positive thing. He stated that the committee was sensitive to community issues and concerns. Motion by Council Member Webb to adopt the Councilmanic districts as recommended by the Council subcommittee, introduce Ordinance No. 2003 -11 changing and redefining the boundaries of Councilmanic districts and pass to second reading on June 10, 2003. Mayor Pro Tern Ridgeway stated that the agreement with the Newport Coast and Newport Ridge area was not to split the area into more than one district until after the first election cycle. He stated that the area is still one community, but with two council representatives. Council Member Heffernan noted that there is a sense of community in the area and a lack of integration with the rest of the City, primarily due to the geographical separation. He added that there are several issues in the area, things are happening and they are entitled to a voice on the City Council. He stated that they are ably represented by the NCAC and are a part of the City, and redistricting won't change those factors. He stated that the committee recommendation balances the City and the affected neighborhoods. Council Member Nichols suggested that Council Member Heffernan maintain his activity on the NCAC and with the area. He acknowledged his knowledge of the area and all of the work that he has done. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Webb, Nichols, Mayor Volume 56 — Page 187 City of Newport Beach City Council Minutes May 27, 2003 Bromberg Noes: None Abstain: None Absent: Adams Q. MOTION FOR RECONSIDERATION — None. Mayor Bromberg requested that a future agenda item provide an update on the feasibility of senior housing at Newport Village. Additionally, he requested that a future agenda item address City Council call -ups of Planning Commission items and specifically, the requirement that more than one Council Member may need to support the call -up. R. ADJOURNMENT at 10:10 p.m. in memory of Beverly Salata. txxxxxx *x:r *t:r * * * * ** The agenda for the Regular Meeting was posted on May 21, 2003, at 3:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Volume 56 - Page 188 INDEX LEFT BLANK INTENTIONALLY