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HomeMy WebLinkAbout07/22/2003 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting July 22, 2003 - 7:00 p.nL STUDY SESSION - Cancelled CLOSED SESSION - Cancelled A. CONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Adams, Webb (arrived at 7:15 p.m.), Nichols, Mayor Bromberg Absent: Proctor, Ridgeway C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Heffernan E. INVOCATION - Mrs. Marianne Scott, First Church of Christ Scientist F. Presentation of Award of Excellence by Community Health Charities. Ms. Pearl Jemison -Smith presented the Award of Excellence for Outstanding New Campaign of the Year to Mayor Bromberg, who accepted on behalf of the City. Ms. Jemison -Smith noted that Community Health Charities provides charity for 40 health charities. Additionally, she presented certificates of appreciation to Deputy City Attorney Ohl and Human Resources Analyst Anderson. Presentation of Proclamation to the Luhan Family and the What's Cooking? Bistro and Lounge. Lucy Luhan introduced her mother, Maria, her sister, Rose, and her son, George. She stated that What's Cooking? has been in business for 27 years, and announced that they would be celebrating her mother's 90th birthday, as well as the closing of the restaurant, at an event to take place on July 26, 2003. Mayor Bromberg presented the Luhan Family with a proclamation congratulating them on their 27 years in business and acknowledging their contributions to the community. 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): Volume 56 - Page 303 INDEX City of Newport Beach Regular Meeting July 22, 2003 • Council Member Nichols requested that the status of the relinquishment of Coast Highway in Corona del Mar be presented at a future Study Session. • Council Member Adams announced that on July 1, 2003, the East Santa Ana Heights area became a part of Newport Beach. He stated that the area is within his Council district, and he looks forward to working with the residents and the business owners. He suggested that the groundbreaking for the new fire station include a celebration of the annexation of the area. • Council Member Webb stated that he just arrived from an event recognizing the scouts that attended the 1953 Boy Scout Jamboree. • Mayor Bromberg welcomed East Santa Ana Heights to the City and recognized the residents from the area in attendance at the current meeting. I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar by a member of the audience. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCES FOR ADOPTION 3. TRANSIENT OCCUPANCY TAX (TOT) AND VISITOR SERVICE FEE ORDINANCE REVISIONS. Adopt Ordinance No. 2003 -12 revising the Transient Occupancy Tax and Ordinance No. 2003 -13 revising the Visitor Service Fee Ordinance. RESOLUTIONS FOR ADOPTION 4. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE & NECESSITY (APPLICANT - ACME CAB COMPANY PEDICAB SERVICE) (contd. from 718/03). Table. 5. Item removed from the Consent Calendar by a member of the audience. 6. Item removed from the Consent Calendar by Council Member Nichols. CONTRACTS AND AGREEMENTS INDEX ► Ord 2003 -12 Ord 2003.13 TOTNisitor Service Fee (40) [No Report] 7. LIDO ISLE BRIDGE REPAIR AND WATER MAIN ` C -3538 REPLACEMENT - AWARD OF CONTRACT (C- 3538). 1) Approve I BA -003 Volume 56 - Page 304 City of Newport Beach Regular Meeting July 22, 2003 the plans and specifications; 2) affirm the categorical exemption; 3) award the contract (C -3538) to DenBoer Engineering and Construction, Inc. for the total bid amount of $634,074 and authorize the Mayor and the City Clerk to execute the contract; 4) establish an amount of $50,000 to cover the cost of unforeseen work; and 5) approve a budget amendment (BA -003) in the amount of $111,740 from Account No. 7013- C5100277 to Account No. 7013- C5100673. 8. ZONE III AND IV PUMP STATION ELECTRICAL IMPROVEMENTS (C -3417) - COMPLETION AND ACCEPTANCE. 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. 9. ENCROACHMENT AGREEMENT WITH HOAG HOSPITAL FOR RETAINING WALL TIE -BACKS INTO UNIMPROVED SUPERIOR AVENUE RIGHT -OF -WAY (1 HOAG DRIVE). 1) Approve an Encroachment Agreement between the City of Newport Beach and Hoag Hospital permitting the construction of tie -backs within the Superior Avenue right -of -way; 2) authorize the City Manager and City Clerk to execute the Agreements; and 3) authorize and direct the City Clerk to have the Encroachment Agreement recorded with the Orange County Recorder. 10. FUEL SYSTEM UPGRADES - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3547). 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. 11. Removed from the Consent Calendar by Council Member Heffernan. 12. Removed from the Consent Calendar by Council Member Heffernan. 13. AWARD OF ALLEY SWEEPING AGREEMENT. Approve agreement with Sunset Property Services to provide twice per month alley sweeping at an annual cost of $61,896.80. 14. CONTRACT AWARD FOR STORM DRAIN AND V -DITCH CLEANING SERVICES. Approve contract agreement to Justin's Jetting for an amount not to exceed $135,210. MISCELLANEOUS ACTIONS 15. Removed from the Consent Calendar by Council Member Volume 56 - Page 305 INDEX Lido Isle Bridge Repair & Water Main Replacement (38/40) C -3417 Zone III and IV Pump Station Electrical Improvements (38) Encroachment Agreement Hoag Hospital (65) C -3547 Fuel System Upgrades (38) C -3658 Alley Sweeping (38) C -3659 Storm Drain Cleaning (38) City of Newport Beach Regular Meeting July 22, 2003 16. REQUEST BY CITY ARTS COMMISSION FOR CITY COUNCIL TO ACCEPT DONATION OF ART FOR INCLUSION IN CITY ART COLLECTION. Accept donation of original work titled "Welcome to Balboa" created by artist, Jane Hill. 17. BUDGET AMENDMENT FOR REMODEL OF EQUIPMENT MAINTENANCE FACILITY. Approve budget amendment (BA -002) in the amount of $18,000, increasing revenue estimates in Account 610 -6830 and increasing expenditures in Account 7611- C6110739 to fund the remodel of a portion of the Equipment Maintenance facility at the Corporation Yard. 18. Item removed from the Consent Calendar by Council Member Webb. 19. Item removed from the Consent Calendar by Council Member Heffernan. Motion by Council Member Adams to approve the Consent Calendar, except for those items removed (1, 5, 6, 11, 12, 15, 18 and 19). The motion carried by the following roll call vote Ayes: Heffernan, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor, Ridgeway J. ITEMS REMOVED FROM THE CONSENT CALENDAR RI bbl MINUTES OF THE REGULAR MEETING OF JULY 8, 2003. Jim Hildreth referred to volume 56, page 276 of the regular meeting minutes, and stated that he did not say that the City's public records act policy has changed. Additionally, Mr. Hildreth stated that the response of Mayor Bromberg was not included following his comment about the fifth amendment at the meeting. Motion by Council Member Webb to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor, Ridgeway INDEX Art Donation (62) BA -002 Equipment Maintenance Facility Remodel (40/44) WEST SANTA ANA HEIGHTSIEMERSON TRACT - GENERAL I Res 2003 -35 PLAN AMENDMENTS INITIATION (PA 2003 -149). PA 2003 -149 Volume 56 - Page 306 City of Newport Beach Regular Meeting July 22, 2003 Robert Hanley expressed his gratitude and stated that he was happy to see the efforts of those wanting the annexation come to fruition. Isabel Hernandez also expressed his gratitude and noted that over four years of work has proven that if you believe in something, it can be achieved through a democratic process. Assistant City Manager Wood explained that before the City can proceed with the annexation process, the areas need to be included in the City's general plan and prezoned so that the land use regulations are in place if the annexation is approved. She stated that the action before the City Council at the current meeting is to initiate the general plan amendments. The item will come back to both the Planning Commission and the City Council for public hearings prior to the annexation moving forward further. Motion by Council Member Webb to adopt Resolution No. 2003 -35 initiating amendments to the General Plan (GPI 2003 -004 and GPI 2003 -005). The motion carried by the following roll call vote: Ayes: Heffernan, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor, Ridgeway 6. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: ANNUAL REPORT FOR 2002 -2003 FISCAL YEAR; AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR 2003 -2004 FISCAL YEAR. Council Member Nichols noted the accomplishments of the BID, as listed in the staff report, which included work on the Corona del Mar Vision Plan. He asked for the status of the CalTrans relinquishment of Coast Highway in Corona del Mar. City Manager Bludau stated that staff has concluded discussions with CalTrans and CalTrans has made an offer. He stated that the item will be addressed at a City Council meeting in August, 2003. Council Member Nichols asked if the relinquishment is needed for the City to have the right to do whatever it wants with the highway. City Manager Bludau stated that the relinquishment is needed and it would allow the City to do certain things. Keith Dawson, BID member, thanked the City Council for its support over the years. He stated that the BID has worked very hard to improve the business district in Corona del Mar and hopes that the relinquishment will take place. He stated that it will make Corona del Mar more user and business friendly. He also expressed his appreciation for the City Council's support of the median and crosswalk improvements in the area, and announced that there would be a public Volume 56 - Page 307 INDEX West Santa Ana Heights/ Emerson Tract (21/45) Res 2003 -36 Corona del Mar Business Improvement District (BID) Renewal (27) City of Newport Beach Regular Meeting July 22, 2003 INDEX forum on July 24, 2003, at 7:00 p.m. at Oasis Senior Center to discuss the crosswalks. Laura Dietz referred to Exhibit B of the staff report and suggested that the language be changed in the list of accomplishments, noting that it indicates that the relinquishment has already occurred. Assistant City Manager Wood stated that the staff report itself does more accurately discuss the status of the relinquishment. Motion by Council Member Webb to 1) approve the Corona del Mar Business Improvement District 2002 -2003 Annual Report; and 2) adopt Resolution of Intention No. 2003 -36 to Levy Assessments and set the public hearing for August 12, 2003. The motion carried by the following roll call vote: Ayes: Heffernan, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor, Ridgeway 11. TRAFFIC SIGNTAL AND ROADWAY IMPROVEMENTS ON C -3587 NEWPORT COAST DRIVE AT SAGE HILL SCHOOL — Traffic Signal & COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3587). Roadway Improvements on Council Member Heffernan asked why the cost sharing arrangement Newport Coast with Sage Hill School didn't apply to the additional costs of Drive at Sage Hill approximately $97,000 spent to expedite the project. He stated that he School thought Sage Hill School was the predominate force for putting in the (38) traffic signal to begin with. City Manager Bludau stated that the Police and Public Works departments also felt that the traffic signal was necessary for safety purposes. Motion by Council Member Heffernan 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, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor, Ridgeway 12. BONITA CANYON SPORTS PARK — COMPLETION AND C -3270 ACCEPTANCE OF CONTRACT (C- 3270). Bonita Canyon Sports Park Council Member Heffernan stated that the project has been delayed for (38) a considerable period of time and explained that its due to the fact that Volume 56 - Page 308 City of Newport Beach Regular Meeting July 22, 2003 a third contractor is being used to complete the work. He stated that the project was originally expected to cost approximately $6.5 million, but has ended up costing closer to $9.3 million. Council Member Heffernan explained, however, that the bonding company that was behind the fast contractor has paid approximately $3 million to cure the default of the initial contractor, and also replaced them with second and third contractors. He announced that the eastern portion of the park is scheduled to open August 24, 2003. Council Member Webb added that a dedication ceremony is scheduled for August 24th at 3:00 p.m., with a performance by the Rockit Scientists band to follow at 5:00 p.m. Mayor Bromberg encouraged everyone to attend. He complimented the Concert in the Park Series, which is put on by the City Arts Commission and the Recreation & Senior Services Department. Council Member Nichols expressed his support of the new parks being constructed in the City. Motion by Council Member Heffernan 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, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor, Ridgeway 15. APPROVAL OF 2003/04 CULTURAL ARTS GRANTS. Council Member Nichols stated that the public should be aware of who is receiving money from the City for cultural arts events. Mayor Bromberg stated that the City gives small cultural arts grants to organizations involved in the arts. He briefly mentioned a few of the organizations, as listed in the staff report. City Manager Bludau stated that there is a Council policy that authorizes the issuance of the grant awards, and that the money is approved through the budget process. He stated that the recipients will receive their checks from the City Arts Commission at a future City Council meeting. The grant awards total $40,000. Motion by Council Member Adams to approve recommended recipients for FY 2003/04 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Policy I -10 — Financial Volume 56 - Page 309 INDEX Cultural Arts Grants (62) City of Newport Beach Regular Meeting July 22, 2003 Support for Culture and Arts. The motion carried by the following roll call vote Ayes: Heffernan, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor, Ridgeway 18. MARINERS LIBRARY STATUS REPORT. Council Member Webb announced that the Mariners Library project is on schedule and within budget parameters. He stated that the conceptual plans and schematic design have been submitted to the State Library Office of Construction, and it is hoped that construction will begin this time next year. Jim Hildreth stated that he saw the display of the project in the foyer. He asked if the proposed restrooms would be adequate for the amount of people that currently use the park and those that will use it in the future. Motion by Council Member Webb to receive and file the report. The motion carried by the following roll call vote Ayes: Heffernan, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor, Ridgeway 19. UPPER BAYVIEW LANDING PARK/SENIOR HOUSING PAYMENT OF PRELIMINARY ENGINEERING — J.C. TRUXAW & ASSOCIATES. Council Member Heffernan stated that at the Coastal Commission hearing that was held on July 9, 2003, the project was denied. He asked for a report on the status of the project. Mayor Bromberg stated that, although not supported, the project was not denied. He stated that the hearing was continued to October, 2003. City Attorney Burnham added that the project may still be approved, in some form. He stated that staff and The Related Companies are working to evaluate the current site plan and possible modifications that might address the concerns of the commissioners. Council Member Heffernan asked what the main objections of the commissioners were. City Attorney Burnham stated that there were two primary issues, which included the amount of grading being proposed and the possible delineation of three wetlands. He stated that City staff feels that only one of the areas is considered wetlands under Coastal Commission regulations. A third issue involved the possible Volume 56 - Page 310 INDEX Mariners Library (50) C -3601 Upper Bayview Landing Park/ Senior Housing Project (38) City of Newport Beach Regular Meeting July 22, 2003 INDEX presence of a coastal sage scrub Environmentally Sensitive Habitat Area (ESHA). Council Member Heffernan asked if any of the Coastal Commission's concerns were a surprise to City staff. City Attorney Burnham stated that the ESHA was a topic that had not been discussed prior to the hearing. Mayor Bromberg pointed out that the City is pursuing a preeminent senior housing project, with an adjacent view park. Unfortunately, an individual, who was ultimately supported by two environmental groups, filed a complaint with the Coastal Commission stating that lower bayview is a wetland. Mayor Bromberg stated that this could result in the project being denied by the Coastal Commission, but that City staff has done an exemplary job. He expressed his concern for the project possibly not being approved and noted that if it is approved, it will cost an additional $500,000 because of a recent change in the prevailing wage law. Mayor Bromberg noted that 20% of the population in Newport Beach is over the age of 65 and the proposed senior housing project would have been a valuable addition to the City. Council Member Nichols asked what the Coastal Commission's comments were in regards to the removal of some of the bluff face. City Attorney Burnham stated that the Coastal Act requires that the alteration of natural land forms to preserve or enhance coastal views be kept to a minimum. He stated that there was disagreement among the commissioners if the City's proposal complied with the provision. Council Member Nichols asked how the buildings on the lower landing would be affected if the City wasn't allowed to cut into the slope. City Attorney Burnham stated that City staff and The Related Companies are looking at modifications to the site plan that would pull buildings away from the slope and minimize the extent of grading and the cut into the slope. Motion by Council Member Adams to approve the payment to Joseph C. Truxaw and Associates for Professional Engineering Services in conjunction with the City's share of preliminary engineering for the joint project, Upper Bayview Landing Park and Senior Affordable Housing, with The Related Companies of California in the amount of $40,592.17, which will come from the CIOSA fund. The motion carried by the following roll call vote Ayes: Heffernan, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor, Ridgeway K. PUBLIC COMMENTS Jim Hildreth referred to the May, 2003 issue of the Island Bridge and stated that there shouldn't be a problem with a light on a telephone pole if an easement is granted. He provided copies of several annual pier permit statements from before 1994 and stated that they show that Volume 56 - Page 311 City of Newport Beach Regular Meeting July 22, 2003 INDEX he has been lied to by the City. Mr. 1 photos and stated that J. M. Hildreth moorings in the Grand Canal. ildreth also displayed several is paying for access to shore Brian Clarkson stated that he recently received an eviction notice from his landlord. He stated that he has rented the property for five years, and has never received any complaints from his landlord, realtor, police or neighbors. He stated that the eviction notice followed a letter he sent to Newport Escape, complaining about the landlord's son. Mr. Clarkson stated that the eviction notice was a violation of the California Civil Code, which protects renters from retaliation by their landlords. He stated that many realtors may not know of the law and many renters may have been unlawfully evicted. Mr. Clarkson provided copies of a proposed Renters Bill of Rights and requested that the City adopt the rights and distribute it to residents and realtors. Council Member Nichols asked if rental rights are discussed when rental agreements are negotiated. City Attorney Burnham stated that the matter is covered by State law. He suggested that Mr. Clarkson contact the local realty board with his request. Assistant City Manager Wood added that the City also regularly refers people who have landlord /tenant issues to the Orange County Fair Housing Council. Laura Dietz announced that plans for the Corona del Mar Centennial are moving along very well. She stated that the next general meeting would be taking place on July 30, 2003, at 7:00 p.m. at Sherman Gardens, and encouraged all those who are interested in participating to attend the meeting. Dolores Otting stated that she has provided photos showing the lack of public access at the Balboa Bay Club to the City Clerk's office, and that the issue was also brought up at the EQAC meeting held on July 21, 2003. Ms. Otting stated that there is also a concern that the Balboa Bay Club is still receiving a 50% discount on its payments to the City because they are operating under a temporary occupancy permit. She requested that the item be addressed at a future Study Session. Mayor Bromberg requested that the item be agendized for a future Study Session. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report — Ad Hoc General Plan Update Committee (GPUC). Assistant City Manager Wood stated that GPUC has not held a meeting since the last status report. Status report — Local Coastal Program Certification Committee. Assistant City Manager Wood stated that this committee has also not met since the last status report. She added, however, that the City is trying to schedule a meeting with Coastal Commission staff to review their comments. Status report — Newport Coast Advisory Committee (NCAC). Council Volume 56 - Page 312 City of Newport Beach Regular Meeting July 22, 2003 Member Heffernan announced that the NCAC met on July 9, 2003, and the next meeting is scheduled for August 6, 2003, at the Marriott Newport Coast Villas at 5:30 p.m. At the July meeting, the first rendering of the community center was presented. He displayed the rendering and stated that the components of the community center and the location are decisions that still need to be made, and that a public outreach effort is currently underway. He noted that the City will be contributing $7 million to the project, which was a part of the annexation agreement. Status report — Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb stated that his report was covered during the discussion of Item No. 18, Mariners Library Status Report, earlier in the meeting. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 20. PLANNING COMMISSION AGENDA FOR JULY 17, 2003. Assistant City Manager Wood stated that at the July 17, 2003, meeting the Planning Commission seated the two new commissioners, Jeff Cole and Barry Eaton, and elected officers. She announced that Earl McDaniel was elected as Chairman, Larry Tucker as Vice Chairman and Michael Toerge as Secretary. Assistant City Manager Wood stated that the agenda included three land use matters. An expansion at Newport Auto Center was approved, and a traffic study and modification permit for an office building on Dove Street was also approved. Assistant City Manager Wood stated that the Planning Commission also recommended approval of the housing element of the general plan, which was recently certified by the State Department of Housing and Community Development. She stated that this item will be agendized for the City Council meeting of August 12, 2003. N. PUBLIC HEARING 21. GENERAL PLAN AMENDMENT NO. 2003 -003, LOCAL COASTAL PROGRAM AMENDMENT NO. 2003 -002, CODE AMENDMENT NO. 2003 -005 (PA2003 -099) — LEGERE PROPERTY (813 EAST BALBOA BOULEVARD). Senior Planner Campbell stated that the subject property is at the end of the commercial properties in the Central Balboa area. He stated that the matter was reviewed by the Planning Commission at their meeting of June 19, 2003, and that they approved the request to change the land use designation and zoning from commercial to residential. Mayor Bromberg opened the public hearing. Mary Moyer stated that downtown Balboa has a history of replacing commercial properties with residential properties, and then receiving complaints from the residential properties on the activities at the Volume 56 - Page 313 INDEX Planning Commission (68) Res 2003 -37 Ord 2003 -14 GPA 2003 -003/ LCP Amendment No. 2003 -002/ Code Amendment No. 2003 -005 (PA2003 -099)/ 813 E. Balboa Blvd. (45/68) City of Newport Beach Regular Meeting July 22, 2003 la commercial properties. She urged the City Council to consider the future and what individual decisions are doing to the general plan. She expressed her concern for the property being converted to residential use and then later, restraints placed on the neighboring commercial properties. Hearing no further testimony, Mayor Bromberg closed the public hearing. Mayor Bromberg expressed his understanding of the concerns of Ms. Moyer and agreed that the area has had its challenges, but stated that the property is at the end of the commercial area. Motion by Council Member Adams to approve the applications by adopting Resolution No. 2003 -37 and introducing Ordinance No. 2003 -14, and pass to second reading on August 12, 2003. The motion carried by the following roll call vote Ayes: Heffernan, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor, Ridgeway CONTINUED BUSINESS 22. APPOINTMENTS BY THE CITY COUNCIL TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC) AND THE AVIATION COMMITTEE (contd.from 6/24/03). Council Member Webb appointed Dick Rivett as the District 3 regular member on EQAC. Council Member Adams appointed Maggie Fitzgerald as the District 4 regular member on EQAC. Mayor Bromberg stated that Council Member Adams' appointment to the Aviation Committee would be continued to a future City Council meeting. Motion by Council Member Adams to confirm the appointments of Dick Rivett as the District 3 regular member on EQAC and Maggie Fitzgerald as the District 4 regular member on EQAC. The motion carried by the following roll call vote Ayes: H Heffernan, Adams, W Volume 56 - Page 314 INDEX EQAC /Aviation Committee Appointments (24) City of Newport Beach Regular Meeting July 22, 2003 P. CURRENT BUSINESS 23. COUNCIL APPROVAL OF A PARK PATROL PROGRAM. Although a presentation was received at the Study Session held on June 24, 2003, it was decided by the City Council to have the Recreation & Senior Services Director provide a presentation at the current meeting. Using a PowerPoint presentation, Recreation & Senior Services Director Knight stated that the issue was brought up by the Parks, Beaches & Recreation (PB &R) Commission in the Fall of 2001 in response to complaints received about the use of fields and facilities in the City. Staff researched a park patrol program by contacting other cities, the Police Department, Code Enforcement and the user groups of the parks. She stated that the program is needed due to an increase in overall park and facility usage, and displayed a list of how often the City deals with complaints and issues. Recreation & Senior Services Director Knight stated that the mission statement of the park patrol program is to provide the citizens with an educational and enforcement presence within the City's parks and facilities to enhance their use of the parks and their recreational experience. She added that the park patrol program would provide onsite customer service, patrol the parks and facilities, monitor special event permit conditions, and enforce park rules and regulations, which would alleviate some of the need for the Police Department or Code Enforcement to respond to some of the calls. Recreation & Senior Services Director Knight stated that the City's park system includes 47 parks, and that 22 of them seem to emerge as priority sites where most of the issues arise and complaints are received. She stated that there is an extensive training program planned for the new staff members to make sure that they are able to work with the public, handle complaints and are aware of when to request Police assistance. Recreation & Senior Services Director Knight pointed out that certain expectations come with putting an employee in a uniform and in an enforcement capacity. She also displayed a chart showing comparisons of the park patrol programs in Santa Ana, Anaheim, Costa Mesa, Long Beach and Garden Grove. The cost of the program in Newport Beach is expected to be $47,953, which would pay for two part time positions, benefits and supplies. The program would be funded by the youth sports organizations, and increases to the facility rental/reservation and special event permit fees. In conclusion, Recreation & Senior Services Director Knight stated that the program would benefit the residents by providing greater attention and enforcement of current policies and ordinances, a more timely response to complaints and problems, greater assurance that permitted events would be monitored, improved customer service and a better overall experience for the park users. Volume 56 - Page 315 INDEX Park Patrol Program (62) City of Newport Beach Regular Meeting July 22, 2003 INDEX i Council Member Nichols asked how the park reservation system works. Recreation & Senior Services Director Knight stated that a park does not have to be reserved, however, if an individual or group wants to know that they have an area that is available just for them, then they should go through the reservation system and obtain a permit. Roy Englebrecht, PB &R Commission, stated that the recommendation before the City Council would provide a solid solution to a potential problem. He stated that the issue has been debated by the PB &R Commission for two years and every youth organization that has been present at those meetings has asked for the City's help. He complimented City staff for putting together the park patrol program and stated that there is 100% support of the program by the youth teams. He stated that the program is needed and he urged the City Council to approve it. Tom Tobin, PB &R Commission, stated that the program was intended to be self - supporting, but that the proposal is for the youth groups to only pay for a portion of the program. He complimented the current enforcement done by the Police Department, and expressed his feeling that there isn't a problem and that the program has become too expensive. Mr. Tobin stated that the cities with similar programs have problems with gangs, which Newport Beach does not. He stated that given the current budgetary constraints, the program should not be approved. Council Member Heffernan asked for a clarification on how the program was initiated. City Manager Bludau stated that two years ago, the idea was presented by Council Member O'Neil. In response to Council Member Heffernan's additional question, Recreation & Senior Services Director Knight stated that the PB &R Commission recommended approval of the program by a vote of 4 in favor and 3 opposed. She also noted that the program originally went to the PB &R Commission at a higher cost and that the funding sources have not changed. Mayor Bromberg asked why the program is not self- funding. Recreation & Senior Services Director Knight stated that it is self - funding and being paid for by the users of the parks. Marce Almarez, AYSO Regional Commissioner, provided examples of safety issues that the soccer teams encounter in the parks. He stated that gangs may not be a problem, but safety concerns are. He stated that the park patrol program will be new and may not be perfect, but it will be a good start at making people understand that a permit is required to reserve a park in Newport Beach. Brian Clarkson referred to the use of only two park rangers and stated that the Police might be able to respond to problems more quickly. He also asked what would constitute an unpermitted surf contest, noting the many surfers on the beach each Saturday. Mr. Clarkson expressed Volume 56 - Page 316 City of Newport Beach Regular Meeting July 22, 2003 INDEX his concern for possibly being charged to use picnic tables. Lastly, he stated that he hoped reservation permits required advance notice to be issued. Recreation & Senior Services Director Knight responded by stating that two part -time park patrol staff won't be ideal, but it will be a good start. She stated that a permit is not required to use a picnic area unless the individual or group wants to reserve an area for their exclusive use. She confirmed that there is a policy that limits the number of surf contests, but it does not apply to surfing, only to formal contests. Lastly, she confirmed that advance notice is required to receive a reservation permit. Council Member Webb asked if signs are posted to indicate areas that have been reserved. Recreation & Senior Services Director Knight stated that signs are posted stating that tables may be reserved and added that only a limited number of picnic tables in an area will be reserved, which allows for the others to be used on a first come, first served basis. Additionally, she noted that the program will provide the personnel to place signs noting specific reservations. Council Member Nichols asked how the reservation system accommodates groups that may need to change their schedule without having the advance notice required by the City. Recreation & Senior Services Director Knight stated that most of the youth sports organizations receive permits for blocks of time and the groups work within their organization. Emery Molnar, Newport Beach Little League, stated that the youth groups work together well. Enforcement and safety becomes an issue when other park users find out that Newport Beach doesn't have a procedure to enforce the reservation permits. He stated that the park patrol program will be a good start in providing that enforcement. Jim Hildreth stated that the use of volunteers for patrolling should also be considered. Dolores Otting expressed her support of using volunteers to expand the program. She stated that there is new signage in the parks near her home stating that usage of the parks is not allowed between 11:00 p.m. and 6:00 a.m. Ms. Otting stated that she was not aware that the unlit parks could be utilized after dark and that it shouldn't be allowed due to liability. She stated that in addition to the park patrol program, the issue of park use after dark should be addressed. Mayor Bromberg stated that when he first heard of the park patrol program, he was skeptical. He stated that the presentation at the Study Session on June 24, 2003, was very persuasive, as were some of the comments made by the speakers at the meeting. Mayor Bromberg expressed his support of the program and predicted that the program will probably be expanded in the future. Volume 56 - Page 317 City of Newport Beach Regular Meeting July 22, 2003 Council Member Nichols stated that he's pleased to see that the program will be working through the organizations. He stated that they work well together and with the City's assistance, high usage and high responsibility can be encouraged. Motion by Council Member Adams to approve the Parks, Beaches & Recreation Commission's recommendation for the creation and implementation of a self- supporting Park Patrol Program at a cost of $47,953 per year; and approve a revision to City Council Policy B -13 (Public Use of City Facilities) to add a new fee classification for Youth Sports Commission Member Organizations (YSCMO) charging $1 per hour for use of athletic facilities, raising approximately $19,000 in revenue to offset the cost of the Park Patrol Program. Council Member Heffernan asked if there was a rough estimate of the value of all of the parks in the City. He stated that it must be quite high and that the park system is an important asset to the City, and warrants a park patrol program as a step in the right direction to administratively handle the asset and allow the residents appropriate access to the parks. In response to Mayor Bromberg's question, Recreation & Senior Services Director Knight stated that job descriptions for the new employees are being finalized. She stated that the new employees should be hired by the Fall, which would provide time for the program to be fully operational by the busier summer months. She stated . that the training would be conducted by the Recreation & Senior Services Department, the Police Department and Code Enforcement, as well as outside training through the local colleges. Mayor Bromberg confirmed that full background checks would be conducted. The motion carried by the following roll call vote: Ayes: Heffernan, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor, Ridgeway 24. RECYCLING SERVICE FEE. City Manager Bludau stated that setting the recycling service fee is an annual action taken by the City Council. He stated that the proposal is to increase it by twenty cents. Dolores Otting expressed her opposition to the increase. She stated that there are three different levels of trash service and recycling in the City. Some pay for their trash and recycling, some pay for recycling and not trash, and some that do not pay for trash or recycling. She stated that how the system is set up is not fair. Jim Hildreth agreed with the comments of Ms. Otting. He stated that it is unclear in the report how much of the trash is recycled, but the Volume 56 - Page 318 INDEX Res 2003-38 Recyling Service Fee (44) City of Newport Beach Regular Meeting July 22, 2003 requirement is that 50% must be recycled. He stated that a lot of what goes into the trash could be used and the use of "trash diggers" should be considered. He expressed his opposition to the privatization of trash collection for businesses. Mr. Hildreth stated that the increase is small, but the recycling company should be doing more. Mayor Bromberg stated that in Newport Beach, the recycling is handled by a company that the City pays. He additionally noted that Newport Beach is in compliance with State law. City Attorney Burnham also noted that Newport Beach is the only city in Orange County that pays a substantial portion of trash pickup costs out of the property tax. Motion by Council Member Webb to adopt Resolution No. 2003 -38 authorizing the recycling service fee to be set at $2.66 per month per residential unit effective August 1, 2003; and rescind Resolution No. 2002 -39. The motion carried by the following roll call vote: Ayes: Heffernan, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor, Ridgeway Q. MOTION FOR RECONSIDERATION R. ADJOURNMENT — at 8:55 p.m. in memory of Buddy Ebsen :tt *,rrttt�xa�t *:r:t� *x The agenda for the Regular Meeting was posted on July 16, 2003, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. � 4 t. "C4 )n- 4 City Clerk �� Recording Volume 56 - Page 319 INDEX