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HomeMy WebLinkAbout10/09/2001 - Study SessionM1 CITY OF NEWPORT BEACH City Council Minutes Study Session October 9, 2001- 4:00 p.m. ROLL CALL Present: Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Absent: Heffernan & O'Neil (excused) 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Referring to Item No. 7, JWA Settlement Agreement Extension Public Information Program, Council Member Proctor asked when the three letters would be mailed. City Attorney Burnham stated that the schedule provided in the staff report and prepared by McNally Temple Associates, Inc. was for information only. He explained that a delay was expected in getting the first mailing out and the schedule would have to be adjusted. He added that the intention is to have mailings go out on October 15th, October 250' and October 318t. Council Member Proctor stated that the staff report for Item No. 8, Local Law Enforcement Block Grant, indicates that the grant must be presented for public comment prior to the expenditure of funds. He asked if this would occur, noting that the item is agendized on the Consent Calendar. City Attorney Burnham stated that all items on the Consent Calendar are open for public comment. Per Mayor Pro Tem Ridgeway's inquiry, City Attorney Burnham confirmed that the Federal Aviation Administration (FAA) report was published earlier in the day. Council Member Proctor stated that he had a copy of the 18 -page report. Mayor Adams asked if the staff recommendation for Item No. 10, Health Risk Assessment for Newport Bay, was consistent with the Harbor Quality Committee's recommendation. Assistant City Manager Kiff stated that the first recommendation was that of the Harbor Quality Committee and that staff added the second recommendation. Mayor Pro Tem Ridgeway added that the Harbor Quality Committee limited their opposition to the Regional Water Quality Board and the Environmental Protection Agency (EPA). Council Member Glover stated that she was surprised to see the item on the agenda. She stated that she has been involved with the issue and expressed her dissatisfaction with not being consulted ahead of time. Volume 54 - Page 495 INDEX City of Newport Beach Study Session Minutes October 9, 2001 2. BALBOA VILLAGE IMPROVEMENT PROJECT FUNDING OPTIONS (contd. from 9/25/01). Administrative Services Director Danner stated that there are various funding options for the Balboa Village Improvement Project, and that the information was presented to the Finance Committee in September 2001. He stated that the funding sources for the project have been identified as Community Development Block Grant (CDBG) funds, a CDBG Section 108 loan, Off Street Parking funds, Neighborhood Enhancement funds and Gas Tax funds. He added that a General Fund contribution has always been expected also. Administrative Services Director Danner stated that the City Council would be considering an award of the contract for the project at the regular meeting to be held later in the evening. Administrative Services Director Danner stated that the expected $2.1 million shortfall was initially expected to be funded from a parking revenue bond, but that the idea was abandoned because the City does not account for its parking lots as enterprise operations and because the Balboa parking lot is on tidelands. He stated that it was decided that the best way to fund the shortfall would be through the issuance of Certificates of Participation (COD's). Due to the cost of borrowing, $2.4 million would actually have to be borrowed to obtain the $2.1 million needed. Therefore, it was decided that the COP'S should be done through a private placement and that this could be done in January 2002. Administrative Services Director Danner stated that the City can borrow the funds for less money than what it would gain by investing those funds. He stated that due to the September 11, 2001 tragedy, interest rates have been lowered and borrowing is even more appealing. He summarized by stating that the City has the option to borrow the needed funds or use the City's reserves, and that be would continue to monitor the situation and come back to the City Council in December 2001 or January 2002 with a recommendation. Council Member Glover stated that she is pleased with the option to borrow, as presented by staff. She suggested that the option be pursued. Council Member Bromberg stated that the Finance Committee supported the idea of borrowing. Mayor Pro Tem Ridgeway noted that the use of COP's are anticipated in the recommendation to award the contract in Item No. 6, Balboa Village Improvement Phase I. 3. MARINE STUDIES CENTER AT SHELLMAKER ISLAND. Using a PowerPoint presentation, Assistant City Manager Kiff showed an aerial photo of how Shellmaker Island currently looks. He stated that the proposed Marine Studies Center would be a part of the City's program to improve water quality, would use American Trader Oil Spill funds and would be a cooperative effort of various entities. He stated that functions of the Center would include housing Orange County's Water Quality Testing Volume 54 - Page 496 I IN 1 DIY C•3333 Balboa Village Improvement Project Funding (38) Marine Studies Center Shellmaker Island (51) :! City of Newport Beach Study Session Minutes October 9, 2001 Lab, water quality research, water quality education and public outreach, habitat restoration and preservation, and the Department of Fish & Game's (DFG) onsite management of the ecological reserve. Assistant City Manager Mff stated that the lab would be a critical component of the proposed Center. He added that Item No. 13 on the evening agenda, Marine Studies Center at Shellmaker Island, recommends funding a temporary facility to house the lab at the site until a permanent facility is built. Assistant City Manager Kiff stated that the current lab is in Santa Ana, and that the Orange County Board of Supervisors has approved funding for additional staffing, new testing techniques and a new facility. He displayed a photo of some of the lab equipment. He noted that the lab personnel look for total coliforms and he displayed what they might see under the microscope. He then displayed slides of fecal coliforms and enterococci, also counted by the lab personnel and able to cause a problem with water quality. Assistant City Manager Kiff stated that in regard to water quality education, exhibits would be on display at the Center, education programs would be developed, local students would use the Center for research, and there would be participation by docents and teachers. In regard to habitat restoration, he stated that Shellmaker Island would be partially restored and used for research. Assistant City Manager Kiff displayed the concept plan prepared by Ron Yeo. He noted that Phase I of the project would include resident participation for the design of the Center, development of a restoration plan, placing a temporary lab facility on the site, completion of the environmental documentation, and construction of a new University of California at Irvine (UCI) crew building. Assistant City Manager Kiff stated that Phase II would include obtaining funding commitments, obtaining permits, completing cooperative agreements, constructing the facility and restoring the habitat. Assistant City Manager Kiff listed the funds set aside to date by the County, UCI, the City, DFG, and the Coastal Commission. He added that funding is also anticipated from Conservation and Reinvestment Act (CARA) funds. He stated that due to public attention on water quality and water quality education, the remaining funds needed are expected to be received. Mayor Adams asked if the funds currently set aside will remain available for the project. Assistant City Manager Kiff stated that the County money could go away if the lab is not started. He added that the CARA money would also have to be used in a specified period of time. Council Member Glover asked what the monthly operating cost of the Center would be to the City. Assistant City Manager Kiff stated that the costs to the City would be for janitorial services only and could be added to the current maintenance contract. He added that DFG would be the lead agency, and that staff is only asking for the City Council's approval of Phase I of the project, at this point. Council Member Glover stated that the money that is being spent should be used to improve water quality. She stated that the tendency seems to be to build an edifice and not resolve the issue. Volume 54 - Page 497 INDEX City of Newport Beach Study Session Minutes October 9, 2001 � s►, Assistant City Manager Kiff suggested that Doug Moore, who runs the County lab and is in attendance at the current meeting, be invited to speak at the conclusion of the Council Member comments. In regard to Item No. 13 on the evening agenda, Mayor Pro Tem Ridgeway asked what amount staff is recommending be spent from the American Trader oil spill account for the temporary facility. Assistant City Manager Kiff stated that the amount is $80,000. Mayor Pro Tern Ridgeway agreed with Council Member Glover's comments about having the money used to resolve the issues, noting the 22,000 square -foot building that is being recommended. In regard to research, he stated that the water for the tests for total coliforms, fecal coliforms and enterococci is currently collected 24 hours prior to the testing due to an incubation period that is needed. He stated that research is being done on how to get a quicker reading on pathogen, bacteria and contamination levels, and that a lab closer to the water with the cooperative effort that is taking place could contribute positively to the effort. In conclusion, Mayor Pro Tern Ridgeway felt that the County's support of the project is one of the strongest components in resolving the issues. Dr. Doug Moore, Lab Director, stated that potable water and recreational water quality have always been a part of his job in dealing with public health operations and institutions. He stated that three years ago, it was learned that more research and testing techniques were needed. Dr. Moore redisplayed a portion of the PowerPoint presentation given earlier in the meeting by Assistant City Manager Kiff. He also mentioned again the funding that has been approved by the County for a new water quality lab, and stated that this would include the establishment of rapid bacterial indicator tests, development of a source tracking system with an Orange County database, detection of chemical indicators of human pollution and direct detection of human pathogens. Mayor Pro Tern Ridgeway asked if a new microscope would be purchased that can count the colonies. Dr. Moore stated that it was not budgeted for the current year, explaining that most of the procedures are not automated. Mayor Pro Tern Ridgeway asked if the County would coordinate with the other entities to proceed with the research effort. Dr. Moore stated that two source tracking studies are currently being done and his lab is working with other entities. He added that he's aware of the technologies available and does testing to find out which ones are the most accurate. Council Member Glover stated that she appreciates the County's support of the issue. She also indicated her understanding for science not being exact and the newness of research in the water field. Jack Skinner stated that his background is in clinical medicine, and that he has often relied on the County lab due to their quality of work and the integrity of the personnel there. He stated that water quality became a secondary issue for the lab, but Dr. Moore has stayed current with the progress being made in water quality throughout the country. Mr. Skinner stated that Dr. Moore has the expertise to determine which decisions are best for Orange County. Volume 54 - Page 498 City of Newport Beach Study Session Minutes October 9, 2001 John Hauscarriague, UCI Administration, stated that, "UCI would like to voice its support for the Shellmaker Marine Studies Center. As one of the partners in the Center, we believe this will be an important asset for our community. The collaborative master plan that has been developed will allow several important facilities to be housed at Shellmaker in an environmentally sound plan that will serve many important needs. UCI will fund, build and operate a new crew facility, as part of this master plan. This facility will provide much needed facilities for our UCI student athletes, as well as servicing kayak and canoe access for teaching tours on the Upper Newport Bay as part of the Marine Studies Center program. In addition to the new crew facility, UCI will be a partner in the Marine Studies Center's teaching, research and public service programs. We look forward to collaborating with other teachers, scientists and volunteers at the Center to support public education and research. UCI and other partners have begun the initial work in establishing these relationships for this important program. Your approval of these initial steps will help all of the partners in moving this important project forward. Finally, UCI would like to thank the City staff, in particular Assistant City Manager Kiff and City Attorney Burnham, for their substantial efforts in helping to move this project forward. Thank you." Jack Keating, President of Newport Bay Naturalists and Friends, stated that his group of volunteers are also a partner in the new Center. He stated that it's a wonderful collaborative opportunity and will turn Shellmaker Island into a very special place for visitors and scientists. He stated that his organization strongly supports the water quality lab at the site. Mayor Pro Tern Ridgeway announced that a letter in support of the Center was also received from Dennis Kelly, Professor of the Marine Science Department at Orange Coast College. Terri Stewart, Senior Biologist DFG, stated her appreciation for the City's support of the project. She stated that the partnership will accomplish much more than can be accomplished alone. She stated that the Center is needed and will work. 4. PROPOSED HARBOR COMMISSION. Council Member Bromberg stated that the issue of whether a Harbor Commission is needed has come up several times. He stated that it does add another layer of bureaucracy and needs to be approached carefully. He stated that of the 15,000 people in his district, about 11,000 live on or about the bay, and that he started thinking of having a Harbor Commission when the City started dealing with more issues affecting the bay. Council Member Bromberg stated that most of the issues are decided on by the Harbor Resources Division, can be appealed to the City Manager and then to the City Council. He stated that a Commission is possibly needed to deal with these issues, since they affect the quality of life of the residents. Council Member Glover stated that she heard that most of the members of the current Harbor Committee are from Balboa Island but upon a request to Volume 54 - Page 499 INDEX Harbor Commission (24) City of Newport Beach Study Session Minutes October 9, 2001 INDEX the City Manager, she learned that most of the people on the Harbor Committee don't live in Newport Beach. She stated her support for a Harbor Commission, but requested that the members live in Newport Beach and be required to give their place of residency. Council Member Glover stated that each Council Member should be able to appoint someone to the Commission to provide for geographical representation. She stated that this is only fair. She further agreed that the Harbor Commission should have the same level of authority as the Planning Commission. Senior Planner Alford stated that earlier in the year, the City Council approved the extension of the term of the Harbor Committee until final action was taken on a Harbor Commission, but no later than one year. He stated that the Harbor Committee has developed a set of proposed rules and procedures, which could serve as the charter for a Harbor Commission. He stated that the Harbor Committee is recommending that the Commission be advisory only, and added that if the City Council wanted the Commission to have permit and appellant authority, Title 17 of the Newport Beach Municipal Code would have to be amended. Senior Planner Alford noted that the proposed rules and procedures are modeled after the Planning Commission's, with some specific recommendations regarding membership. Mayor Pro Tem Ridgeway stated that the Harbor Committee has worked for over twelve months on the concept of a Harbor Commission. He stated that the original thought regarding the composition of the Commission was to have one appointee per Council district, but it was decided that this would result in a lack of expertise. He stated that ultimately there should be some authority given to the Commission through Title 17, and that the City Council would still have final authority over everything. Mayor Pro Tem Ridgeway stated that the Committee has debated the composition issue and agreed that City residency should be a requirement. Mayor Adams asked if staff had made any estimates regarding the impact to staff that the Commission would have. Assistant City Manager Wood stated that such an analysis had not been done and would depend upon the duties approved for the Commission. Mayor Adams stated that he's in support of a Harbor Commission, but would disagree with the concept if it were to require additional staffing or increase the City's budget. Mayor Pro Tem Ridgeway stated that the Harbor Resources Director would act as the Planning Director does for the Planning Commission. He added that existing staff in the Harbor Resources Division could also take the minutes and he didn't see a significant impact to City resources. Assistant City Manager Wood noted that staff would also possibly have to prepare written reports if the Commission is designed to approve permits or make recommendations on permits. Mayor Adams requested that an analysis of City resources be included in the report to the City Council when the issue of whether to add a Harbor Commission is discussed. Per Mayor Adams' question, City Clerk Harkless stated that the City Clerk's office does not handle the agendas or minutes for the various commissions and committees. Volume 54 - Page 500 City of Newport Beach Study Session Minutes October 9, 2001 INDEX Council Member Bromberg stated that it is important not to politicize the proposed Commission by having District appointments. He pointed out that the recommended composition is suggesting that there be two members that reside on the harbor. He stated that the most significant factor when selecting the members should be their expertise. Council Member Glover disagreed that District appointments would politicize the Commission. Council Member Bromberg stated that care just needs to be taken, since it's a new Commission. Mayor Adams stated that he would like to see the bylaws include limiting projects for review to those referred to the Commission by the Planning Commission, the City Council, or the City Manager. He stated that it should help in minimizing the length of the public hearing process. Regarding the level of expertise of the members, Mayor Adams stated that the idea of a commission is to have residents of the City oversee what staff is doing and make sure that the interests of the citizens are kept in mind. He stated that City staff members are the experts, and having a commission composed of experts would be a departure from what has been done in the past. Council Member Bromberg agreed that the City should proceed cautiously. Mayor Pro Tom Ridgeway stated that the Committee is looking for direction from the City Council on the issue of membership for the new Commission. He suggested that the technical advisory committee that is being discussed include the expertise desired by some for the Commission. Mayor Adams stated that the membership selection for the proposed Harbor Commission could take place as it does for the Planning Commission, which is not necessarily an appointment by District but is done from a pool of candidates Citywide. Seymour Beek, Harbor Committee member, stated that although he lives on Balboa Island, the Harbor Committee does have representatives from other areas in the community as well. He stated that expertise can be found in every District. Mr. Beek expressed his pleasure for the support of a Harbor Commission and stated that there is a great need for it. He stated that he could readily think of thirteen topics that would appropriately be discussed by a Harbor Commission. Council Member Glover agreed that it was time for a Harbor Commission. She added that she'd like to see the entire City Council vote for the membership. She further agreed that citizens' viewpoints are needed and that a technical advisory committee would be a good idea. Mayor Pro Tem Ridgeway stated that commissions are intended to be citizens reviewing citizen requests. He stated that they're not designed to be technical bodies. Council Member Bromberg stated that the way a committee, commission or Volume 54 - Page 501 City of Newport Beach Study Session Minutes October 9, 2001 NOW) board is politicized is to appoint people who have specific interests. He added that staff should also be given direction to have the membership staggered. John Corrough, Harbor Committee member, stated that an interesting aspect of the Committee's membership is the number of hats that each person wears. He stated that there is a diverse cross section of people interested in the environment, business and recreation. Mr. Corrough requested that the proposed Commission also have diversity in interests and strengths. He stated that he would soon be speaking in Fort Lauderdale, Florida about what the City of Newport Beach has done towards taking control of its harbor. Council Member Proctor noted the two opposing viewpoints, one being that a Harbor Commission would add another layer of bureaucracy and the other that it would provide a single focal point for harbor issues. He asked what is wrong with the current system that would require a new commission and another layer of bureaucracy. Mayor Adams suggested that this information be included in the staff report. Mayor Pro Tem Ridgeway stated that the bay was ignored for a number of years and the only time the City Council was involved was when there was an appeal of a decision by the Harbor Resources Department. He stated that it's time that the harbor was run as a business. He noted that at the meeting of the Harbor Committee earlier in the day, an appraisal was discussed regarding the operation of the harbor. He stated that the Committee spent the time to critique the appraisal, which hadn't been done in the past. He stated that a proactive approach regarding the harbor is needed, although nothing is really wrong with the current system. Council Member Bromberg suggested that staff place the item on a future City Council meeting agenda with recommendations to establish a Harbor Commission and rules of procedures. Regarding Council Member Proctor's earlier question, Assistant City Manager Kiff stated that it's important for the City to have the residents' perspective when facing harbor issues. Council Member Glover stated that Seymour Beek and Gary Hill approached her several years ago, when she was chairman of the Harbor Quality Committee, with some valid concerns about the bay and water issues. She stated that the City Council and the City Manager had been remiss in addressing the issues. She noted that the waterways are the heart of the City and she believes that a Harbor Commission is needed, although staff time will be required. She stated that some issues need to be attended to but she doesn't see a change to those who live and enjoy the harbor. Mayor Adams requested that the City Manager provide an indication of when the item would return to the City Council at the next City Council meeting. Volume 54 - Page 502 City of Newport Beach Study Session Minutes October 9, 2001 Mayor Pro Tem Ridgeway announced that the Harbor Committee is scheduled to meet on October 30, 2001, and the item has not been agendized. 5. ANALYSIS OF POLICE OPERATIONS - JULY 4, 2001. Police Chief McDonell stated that the Police Department reached out to the West Newport community early in the planning stages for this year's 4th of July, to work with them and address their concerns. He stated that the community formed an Ad Hoc Committee and staff met with them several times. He stated that, as a result, more portable restrooms were added in the triangle square area and the enforcement profile was increased. Chief McDonell stated that field booking stations were added, and that this resulted in an increase in arrests of about 23 %. He stated that he would be showing a short video of some of the events of the day, and that it gives a good indication of the mass of humanity that the Police Department deals with during the holiday and how difficult it is to experience the impact. Chief McDonell spoke briefly during the video presentation. He stated that most arrests were for drunk or disorderly behavior, and that the evening brought on a more intoxicated crowd. He noted the happy crowd and literally thousands of people moving in one direction down Balboa Boulevard. The field booking stations were also shown. Chief McDonell stated that they had assistance from the Building Department in dealing with rooftop parties and overcapacity on balconies. He noted that some parties had to be closed down and people removed from private properties that weren't their own. The field command post, located at the rear of City Hall, was also shown. He stated that over 100 people were processed through the facility during the holiday. Chief McDonell noted a scene where a street had to actually be cleared. He stated that the garbage issue is significant and the Police Department is proposing that garbage containers be added at the street ends for the 2002 holiday. The final sweep at the end of the evening was also shown, and it was noted that it has to be done or the party would never end. Chief McDonell stated that of the arrests made, 88% were male, 87% were Caucasian, 13% were Newport Beach residents, and the average age was 22. He noted that traffic was higher during the 2001 holiday and there was a problem with getting the cars out of the community later in the evening. He stated that the Police Department hopes to work with Traffic Engineering and CalTrans in the future to have the signal cycles changed. Chief McDonell stated that the cost for law enforcement during the holiday totaled $95,500, and included $15,300 for the Sheriffs Department and $24,000 for California Highway Patrol. Council Member Proctor thanked the Police Department on behalf of the West Newport community. He stated that the cooperation between the citizens and law enforcement was remarkable, and that the officers should be commended. Council Member Glover asked if the City could legally restrict who is allowed on the peninsula during the holiday. City Attorney Burnham stated that it can be done if it is not done selectively. He stated that streets can be closed. Volume 54 - Page 503 INDEX 4th of July Police Operations (70) City of Newport Beach Study Session Minutes October 9, 2001 INDEX Mayor Pro Tem Ridgeway noted that there are a great number of rental units in the area and that there is some effort to increase the number of owner - occupied units. He stated that it will take significant planning and involvement by the City and the community to be successful, but is a complex, long -term solution. Chief McDonell felt that there was an improvement in getting residents back to their homes at the Balboa Boulevard/River Avenue checkpoint. Bob Small, property owner on 39th Street, stated that, at best, law enforcement only provides for controlled chaos and that serious things are on the verge of happening. He knows that there isn't a simple solution, but noted the various cities that used to have such problems but somehow eliminated the crowds. Mr. Small stated that the City seems to make it convenient for people to come down and party. He stated that it should be more difficult to come onto the peninsula and move around, and that this would act as a deterrent. PUBLIC COMMENTS — None. ADJOURNMENT — 6:00 p.m. The agenda for the Study Session was posted on October 3, 2001, at 2:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Pte% Recording Secrete Mayor f PORTe City Clerk ca a coo- Volume 54 - Page 504