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HomeMy WebLinkAbout11/27/2001 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session November 27, 2001- 4:10 p.m. Present: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor Absent: Mayor Adams (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Regarding Agenda Item 11 (Appointments to Environmental Quality Affairs Committee), Council Member Glover asked if Council is requiring that the appointed person have knowledge of the California Environmental Quality Act (CEQA) to be on EQAC or if this was an EQAC rule. City Clerk Harkless reported that the resolution states that EQAC should consist of three members that have knowledge of CEQA administration or environmental issues of concern to Newport Beach. Council Member Glover requested to find out, prior to tonight's meeting, when this provision was first included in the resolution. She indicated that she wants to know if Council set this as a criteria for EQAC and, if so, she will speak to it at another meeting. 2. PROPOSED JOINT USE MARINERS LIBRARY PROJECT. Council joined Board of Library Trustees Members Patrick Bartolic, Walt Howald, and Karen Clark; School Board Member Serene Stokes; and Mariners Elementary School Principal Pam Coughlin at the Chamber conference table. Community Services Director Kienitz reported that, when the State approved money for parks in 2000, they also approved $350 million for libraries. She indicated that 65% of this money will come from the State and 35% will be coming locally. She stated that the City branch that really needs help is Mariners Library, that an ad hoc committee started meeting last January, and that the staff report is a summation of what has happened throughout the year. She stated that the awarding of funds is competitive and that there are other opportunities to apply for it; however, the committee feels this round is the only chance the City has to get the funds. Ms. Kienitz stated that the first priority the State has is for joint projects. She indicated that the committee believes that a joint project with the school library would be the best chance to be awarded the grant and clarified that the agency applying for the grant would be the City. She reported that the Mariners Library is a little more than 8,000 square feet and indicated that they looked at many scenarios and decided that, in order to do an integrated project which uses School District money to help fund the project, the library needed to be on a school site. She stated that they are proposing a two -story Volume 54 - Page 579 INDEX Mariners Library (50) City of Newport Beach Study Session Minutes November 27, 2001 INDEX library at Mariners Elementary School that is about 12,500 square feet and reported that this would require a lease and an operating agreement since it is on school grounds. She added that they are suggesting that the School District release its State funds that they receive per capita for additional materials for the public library. She pointed out that the children will be getting the best technology that can come out of a public library and the community will be getting an enlarged library that will still have the after school homework center and a community room. Ms. Kienitz noted that they already have gone through a few sketches with the architect. She reported that the School District will need about $100,000 a year for ongoing funding because it is going to cost more to run this library, there are upfront costs to get the architectural plan before the State, and there are athletic facilities that have to be relocated. She stated that the approved cost for the project is about $2.5 million; however, it could actually be a $3 million project with the bookshelves, computers, landscaping, and parking lot. She reported that, the project could receive $2 million in grant funds, but someone locally would have to raise about $1 million. Trustee Howald indicated that there has not been as lengthy a study as Ms. Kienitz might imply because they really started looking at this last summer. He indicated that the group felt this was an idea that was hard to pass -up since $1 will get $3 back. He announced that some of the branch employees are also present in the audience. He pointed out that they have a wonderful program for the kids at the branch and now have the opportunity to open the park for the citizens since it is used frequently. He added that this involves a minimal cost and will expand library hours to accommodate school and citizen needs. He noted that the City does not have to do this project, but the opportunity is here. He stated that a group can raise the money if they have a proven ability to pull projects together and indicated that he has attended parent meetings in which they want to spearhead the fundraising. Mr. Howald reported that teachers have to walk their classes to and from the library which loses valuable class time and added that parking is not good for any of the recreational facilities. He stated that this is a vision at this point and that they are bringing this before Council for advice and input. Council Member Glover believed that all of the City's libraries should be joint because the schools are not appropriately booked or large enough for the school populations they serve. She indicated that this project will probably be $4 million because there are always overruns. She asked if the library can be named after someone if they donate the money and if a volunteer group has identified themselves as the group who will try to raise the money. She expressed concern that no volunteer group is present. Council Member Glover believed that the City will apply for this money and will probably have to pick up the remaining amount because the School District never has enough money. She indicated that she requested staff to sit down with the interested group before this was presented to Council so she could get more information about them. In response to Council Member Glover's question, City Manager Bludau stated that he feels that the existing library building is a problem and will cost the City a lot of money over the years to upgrade. He agreed that this is Volume 54 - Page 586 P City of Newport Beach Study Session Minutes November 27, 2001 INDEX a good opportunity. He indicated that he would like to see the existing building torn down because people will think there could be another use for it; however, the City will still end up with the same problems as it has today. Principal Coughlin stated that they have been working on this since July 10. Following discussion relative to funding, Council Member Bromberg stated that it seems like this is something they are looking at the City to pay for. Mayor Pro Tern Ridgeway noted that there has to be financial commitments even before applying for the grant. Mr. Bludau added that the financial commitments would need to be made very soon in order to get the application prepared by June. In response to Council Member Heffernan's questions, Ms. Mentz stated that the staff report contains estimates on what it would take to get a plan that meets all State and CEQA requirements. She stated that the estimated matching fund will be about $125,000 and that it would need to be done now, be certified and in escrow, and be available to the City by the time the application is submitted (June 14, 2002). Council Member Heffernan asked what the motivation would be to raise the funds if the City has to certify them. Ms. Kienitz emphasized that the committee never talked about the City funding this project. School Board Member Stokes reported that the new library would be state - of -the art and have technology and research departments that could also access the Central Library. Council Member O'Neil believed that this project is innovative, shows vision, and is needed; however, it is hard to raise $1 million to $2 million in this short amount of time. He believed that the conceptual plans, architectural documentation, and environmental documentation would cost about $250,000, and that this means the City would have to risk $250,000 up front on the hopes that the community will come up with over $1.2 million in three to four months. He stated that he is not sure whether that commitment is out there in the community. He stated that, even if June comes around and the City has to come up with the difference that the community has not raised, he is not sure this would be a bad investment, especially if the City is getting a new facility. He believed this is a win -win situation and the City needs to focus on the fact that it is a wonderful concept. He emphasized that the City is going to have to expect that it is going to invest a significant amount into this project, adding that he does not have a problem doing this. Ms. Kienitz agreed that the fundraising is significant and seems to be the biggest hurdle. She stated that the initial cost may not be as high because it may not require a significant CEQA cost or major study. Mr. Bludau agreed that the $250,000 initial cost is not realistic because building plans are not required at this point. He indicated that it seems that Council may want to take the position that they will pay the initial costs to ensure the application is ready by June. He emphasized that the City will not make the application unless the community steps forward with a significant amount. Council Member Glover agreed with Council Member O'Neil, but indicated that she would like to spend 60 days working with the school to see what can be achieved. She expressed the opinion that someone who wants a library Volume 54 - Page 58i City of Newport Beach Study Session Minutes November 27, 2001 INDEX named after them may want to donate the funds. Noting that architectural drawings are expensive, Mayor Pro Tem Ridgeway suggested that architects respond to Request for Proposals in the future. He stated that this project is long overdue and reported that parking in that area is insufficient. He pointed out that the existing building is old and the community rooms are small. However, he reminded everyone that Council has a fiduciary duty to the City and that they are being cautious because they know they always end up paying the bill. He agreed that their effort would have been better received today if someone was present and saying they have $100,000 for the project. He noted that this has been on the fast - track since July. He stated that Council is saying to move forward since it is a win -win project and a new building is needed. Further, if this means that some type of financial obligation in the future is needed, Council can evaluate it. He suggested that they try to raise $1.5 million because this project will probably cost $4 million. He stated that there may be a way to ask for more funding from the State. Mr. Bludau expressed concern that the grant will not happen if the City hires an architect after 60 days. Council Member Glover indicated that she is just saying that she is willing to work with a group, if there is one, and the Parent- Teacher Association to get something going as soon as possible. Trustee Howald stated that the school does have a foundation. Council Member Glover stated that she is not sure if that is the appropriate group. Council Member Proctor agreed that this is an opportunity that should not slip through their fingers; however, Council cannot let a lot of money slip through either. He suggested having an action item in a few weeks with harder figures. Mr. Bludau suggested bringing Phase I back to Council at the next meeting that includes an architect and a cost estimate. He stated that the City can end this after Phase 1 or see if it wants to make the commitment and hire an architect. Mayor Pro Tem Ridgeway noted that the Parks, Beaches and Recreation Commission (PB &R) has been left out of the discussions. Trustee Howald explained that the fundraising groups did not come today because they did not invite anyone and added that Mariners Elementary School is going through its own redesign in which they have their own architect. He believed that Mr. Bludau's suggestion would be very helpful. He reported that they made a presentation to PB &R who seemed positive about the project. He assured Council that none of the athletic fields will be moved until the application has been approved and the funds are available. Mayor Pro Tem Ridgeway noted that the fields are only being moved about 10 feet. Mayor Pro Tem Ridgeway emphasized that citizens voted for the bond which pays for school improvements. He stated that the committee should go back to the Superintendent and Mike Fine and find money for at least the parking lot. He indicated that this will go a long way towards helping the budget. School Board Member Stokes stated that she would be glad to carry this message and thanked Council for their enthusiasm. She clarified that, unless the school's parking lot was a part of the master plan for Measure A, Volume 54 - Page 58$ i i City of Newport Beach Study Session Minutes November 27, 2001 they will not be able to use these funds; however, most of the schools did list their parking lots. She indicated that parents have been in touch with another Board Member and expressed their enthusiasm to work on this project. She believed that they will find a lot of people in the community that are eager for the new library and see it as an asset, not only for the youngsters, but for all the members of the community. Ms. Stokes stated that they will work as hard as they can and believed that they will be able to raise the money for the project. She indicated that they will discuss this in a study session with the School Board. Mayor Pro Tem Ridgeway reiterated that this item will be agendized for the December 11, 2001, regular meeting. 3. NEW REGULATIONS ON STORMWATER AND URBAN RUNOFF: PROPOSED 5 -YEAR MUNICIPAL PERMIT. Assistant City Manager Kiff stated that, at the November 13 Council meeting, there was discussion on a new permit that is under consideration by the Santa Ana Regional Water Quality Control Board for the regulation of runoff into the City's storm drain system. He indicated that Council action was deferred and that it was suggested that this be discussed further. He reported that the Regional Board has told the City that they still anticipate adopting the permit on December 19, 2001, but they may not have a quorum at that meeting. He stated that the City has missed the November 19 deadline for submitting comments; however, the City can still provide its comments any time between now and December 19. City Manager Bludau indicated that the City can probably forward its comments to each of the Regional Board Members to ensure that they are aware of them. Mr. Kiff indicated that Council can take an action at the December 11, 2001 Council meeting, which will give the Regional Board about seven days to review the comments. Mayor Pro Tern Ridgeway reported that the City is probably one of two hundred cities that will be submitting positive comments. Mr. Kiff indicated that the executive officer mentioned this and stated that he was looking forward to the comments. Mr. Kiff reviewed the bullet items and subsequent questions in the staff report that deal with prohibited discharge, on -site treatment [Standard Urban Stormwater Mitigation Plan (SUSMPs)], and inspections. He indicated that the staff report also contains specific language from the permit, including sections from the Newport Beach Municipal Code (Attachment A). In response to Council Member Bromberg's questions, Mr. Kiff reported that the City needs to analyze, by 2003, whether existing prohibitions against commercial hose downs with Best Management Practices (BMPs) are working. He stated that, if businesses are not using the BMPs or the BMPs do not adequately keep the water clean, commercial hose downs should be prohibited. He clarified that the permit does not say that the sidewalks cannot be hosed down; however, it does say that the water from the cleanings cannot go into the storm drain system. He stated that the City will need to enact a system or require businesses to enact a system that stops the water before it gets into the storm drain system. He indicated that they Volume 54 - Page 583 INDEX Stormwater and Urban Runoff Regulations (51) City of Newport Beach Study Session Minutes November 27, 2001 INDEX have not done a cost estimate for this. Mr. Bludau reported that there are machines that will suck up the water that has cleaned the sidewalks. Council Member Bromberg noted that the Balboa Island Business Improvement District spends almost 50% of its budget to steam clean the sidewalks and expressed concern that this would end up utilizing most of their money. Mr. Kiff noted that, after the existing permit was enacted more than five years ago, the City adopted an ordinance that reflected the permit requirements. He indicated that it is his belief that any type of commercial hose down, steam cleaning, or wash water contains pollutants and is prohibited. He noted that code enforcement has a hard time determining where the pollutants are since they only conduct visual inspections. Mr. Kiff utilized an overhead projector and reported that, by July 1, 2003, the City needs to ensure that wash water discharges from the cleaning of municipal, industrial, and commercial sites, including parking lots, streets, sidewalks, driveways, patios, plazas, work yards, or outdoor eating or drinking areas are prohibited. He indicated that Council can propose additional control measures in lieu of prohibiting the discharges, but the City needs to show that the BMPs work. Regarding pet waste, he stated that the ordinance prohibits anyone from hosing pet waste, yard waste, litter, debris, or sediment into the storm drain system. Council Member Glover asked if this meant that a neighbor can call code enforcement on someone for watering their yard too much. Mr. Mff stated that the City should cite the person if contaminants are present in the excess irrigation flow. He indicated that this is difficult to enforce and requires a strong City commitment and enforcement. Mayor Pro Tern Ridgeway pointed out that a person can wash their car using detergent, but cannot wash off the driveway. Mr. Kiff clarified that a person can wash off the driveway as long as it does not have any pet waste, yard waste, litter, debris, or sediment in it. Council Member O'Neil noted that one of the overheads highlighted what the Regional Board will most likely adopt on December 19, 2001. Mr. Kiff agreed that, if the City does not write its letter stating its position, they will likely still adopt it. He reported that the Regional Board is set up to contain nine members, but they currently only have five members who are inclined to vote for the permit right now. Council Member O'Neil asked if the City's letter will be compelling enough for them to change their vote after they have already studied and reviewed it, noting that the State Board has upheld most of San Diego's permit. Mr. Kiff stated that the permit may be approved as written; however, the City needs to determine if there is a reason to get "out front" on this issue and support what the Regional Board is proposing since it would also apply throughout the watershed. He emphasized that the City has a significant problem with urban runoff from other cities and, in order to tackle this, it needs this permit in place. Mayor Pro Tern Ridgeway added that the Harbor Quality Committee unanimously endorsed the permit and that Council should be at the cutting edge on this. Council Member Proctor asked how this permit is less restrictive than San Diego and Los Angeles Counties' permits. Mr. Kiff expressed the opinion that the proposed permit is equally as tough if it is enforced by the letter of the permit. He indicated that he can report back on whether the other permits include language about pet waste, yard waste, litter, debris, and Volume 54 - Page 584 City of Newport Beach Study Session Minutes November 27, 2001 INDEX sediment. In response to Mr. Bludau's question on whether it is permitted to push pet waste into the street, Mr. Kiff indicated that the City could cite the person for littering in the right -of -way. Mr. Kiff utilized an overhead to list the current exemptions, such as rain, flushings from potable lines, air conditioning condensate, landscape irrigation, lawn watering, irrigation water, and non - commercial vehicle or boat washing. He stated that, if any of these discharges are identified by the permittees or the executive officer as a significant source of pollutants, coverage under the Regional Board's De Minimus permit may be required. Mayor Pro Tern Ridgeway emphasized that this is cumulative and expressed his hope that code enforcement officers will first give a warning before issuing citations. Mr. Kiff reviewed the recommendations made at the November 13 Council meeting to authorize the Mayor to issue a letter to the Regional Board stating the City's position; direct the General Plan Update Committee to include water quality and the permit into the General Plan Update; and direct staff to report back to Council on the environmental and economic effects of adopting a Citywide SUSMP or structural BMP. Council Member Glover stated that the Air Quality Management District (AQMD) has found that they have not been able to change personal habits with rules and regulations, and so most of the rules have fallen on businesses. Mr. Kiff noted that it is his understanding that the permits for San Diego and Los Angeles are similar regarding prohibiting commercial hose downs. He explained that these regulations come from the interpretation of the Regional Board's staff and the U.S. Environmental Protection Agency's (EPA) interpretation of what the Clean Water Act is requiring from the State. He stated that no money is withheld by not following the permit but the public agency may be significantly fined ($25,000 a day). Nancy Skinner stated that she asked a Regional Board staff member, Mike Adackapara, about the sidewalk hose down issue and he indicated that the City has to come up with a system for cleaning that achieves the goal of no pollutants into the bay by 2003. Mayor Pro Tern Ridgeway asked if it would be acceptable for someone to sweep the sidewalk first and then hose it down. She indicated that Mr. Adackapara said the sidewalks can be swept, but using some type of vacuum is better than sweeping. Further, he implied that hosing down the sidewalks could be acceptable if the water that was used to wash off the sidewalks was tested to ensure that no pollutants were present. She indicated that she told Mr. Adackapara that the City has a tourist industry that pollutes the streets and encouraged him to provide more specifics on how other cities have succeeded in meeting the goal in a more cost effective manner. She stated that he told her about a County task force and that there may be a way to get the Regional Board more actively involved in getting answers on how to achieve the goal without being draconian. She indicated that she got the sense that the Regional Board is reasonable and realistic. She believed that it would be appropriate for the City to take the burden off of small businesses. Mayor Pro Tem Ridgeway indicated that the Sanitation District is trying to figure out what will happen Volume 54 - Page 585 City of Newport Beach Study Session Minutes November 27, 2001 INDEX to all the water that the vacuums suck up. Ms. Skinner believed that residential car washing is not prohibited as long as there are no cumulative impacts. She added that not many people wash their own cars, but expressed concern with people cleaning their motors with a chemical spray. She concluded by stating that it is important to require SUSMP. Bob Caustin, Defend the Bay, distributed a letter that was sent to the Regional Board and referenced Page 3 which compares the different permits. He stated that the proposed permit falls short of what Los Angeles is doing to protect Santa Monica Bay, and also falls short of San Diego's permit. He believed that the permit should follow Los Angeles' permit in requiring construction sites to retain sediment for projects above two acres, rather than five acres. Further, he pointed out that existing commercial and industrial establishments will not be inspected as frequently as in Los Angeles. He expressed the opinion that this permit is probably the most important thing the Regional Board is going to do since it establishes the limits for pollutants that are allowed to enter from Riverside and San Bernardino areas. He emphasized that their runoff enters the drinking water recharge, as well as washes into the ocean. Additionally, he pointed out that there are no standards or models for maintenance procedures for the municipal facilities and activities. Mr. Caustin reiterated that the proposed permit is weak and does not discuss auditing. He emphasized that SUSMP needs to be a part of this to control runoff. He expressed his hope that the City will support his letter and go on record with the Regional Board. Regarding sidewalk cleaning issues, he stated that a merchant can buy a shop vac for $135. Council Member Glover stated that she concurs with what Los Angeles does with its construction sites and believed that the Regional Board will find out very soon that they need more inspectors. Further, she also agrees with Los Angeles' existing commercial and industrial establishment requirements. She indicated she votes on AQMD issues even though it does not affect Orange County because she tries to respect the needs of San Bernardino and Riverside Counties. She believed that Council needs to take that same approach and expressed her hope that the Inland Empire counties will also follow these regulations. Mayor Pro Tem Ridgeway requested that Mr. Caustin's letter be included in the December 11, 2001 packet. He stated that he agrees with Council Member Glover and added that more inspections are better. He noted that the City is already doing some of the things Los Angeles is doing; however, inland cities probably are not. Mayor Pro Tern Ridgeway thanked the National Resources Defense Council, Defend the Bay, and Dr. Richard Horner for their work, but noted that Council does things incrementally. He assured everyone that they will look at this very seriously. PUBLIC COMMENTS — None. CLOSED SESSION ANNOUNCEMENT — City Attorney Burnham recommended that Council also discuss in Closed Session a situation in which there is significant exposure to litigation based upon existing facts and circumstances that are in a memorandum that is on file with the City Clerk. He reported that the Volume 54 - Page 586 City of Newport Beach Study Session Minutes November 27, 2001 circumstances occurred today and that they are recommending that Council amend the agenda by adding an item that arose after the agenda was posted. He stated that this needs a unanimous Council vote to be discussed. Motion by Council Member Proctor to add this issue to the Closed Session agenda. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor Noes: None Abstain: None Absent: Mayor Adams ADJOURNMENT — 5:50 p.m. The agenda for the Study Session was posted on November 21, 2001, at 11:20 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor t Volume 54 - Page 587 INDEX