HomeMy WebLinkAbout01 - 05-13-2003 & 05-21-2003City Council Meeting
May 27, 2003
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes DRAFT
Study Session
May 13, 2003 - 4:00 p.m. INDEX
ROLL CALL
Present: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg
Absent: None
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Prior to the evening meeting, Council Member Heffernan requested a
clarification on who has the option to extend the term of the service agreements,
as referenced in Section 5.15.080 of Item No. 3, Tow Truck Ordinance Revisions.
He additionally asked to be provided with the amount of the parking meter
revenues for West Newport and the Balboa Peninsula for the prior fiscal year, as
discussed in Item No. 4, Amendment to Municipal Code Section 12.44.027,
Neighborhood Enhancement Reserve. Regarding Item No. 13, Gas Sale
Agreement with Hoag Memorial Hospital Presbyterian, Council Member
Heffernan asked for an explanation as to why the gas rate has not been adjusted
since 1996. Lastly, Council Member Heffernan asked what the average price
was for the oil that was sold, as referenced in Item No. 15, Oil Field Operation —
Water Pump Purchase.
2. 2003 -04 BUDGET REVIEW.
Using a PowerPoint presentation, City Manager Bludau stated that the City's
budget philosophy is to base the budget on conservative revenue projections, to
fund the required reserves first, to give essential City services a priority and to
emphasize efficiency. He stated that the primary budget objective is to ensure
continuity of essential municipal services in a volatile financial environment.
The requirements of the budget-are to have a fiscal year that runs from July Ist
to June 30th, to delegate budget preparation to the City Manager, to submit the
budget to the City Council at least 35 days prior to the beginning of each fiscal
year and hold a legally noticed public hearing. City Manager Bludau stated that
the City Charter provisions also allow for the City Council to modify the budget
before it is adopted, amend the budget after adoption and reduce appropriations,
if necessary. He stated that the City Council is required to adopt the budget
prior to June 30th and that there must also be an annual independent audit of
the budget.
City Manager Bludau stated that the budget preparation process takes
approximately nine months, and begins in November of the prior fiscal year.
The process includes projecting current year financial forecasts, preparing
preliminary revenue estimates, making assumptions on how much money will
be needed to fully fund the reserves and establishing budget ceilings. In
February and March, budgets are submitted by the departments to the City
Volume 56 - Page 114
2003 -04
Budget Review
(40)
City of Newport Beach
Study Session Minutes
May 13, 2003
I
Manager for review, and the preliminary budget is printed and distributed in
April. The Finance Committee and the City Council review the budget in May,
and in June, the public hearings are held and the City Council adopts the
budget.
City Manager Bludau displayed a general fund revenue comparison worksheet
that included the original budget and revised estimates for the current fiscal
year, and projections for the 2003 -04 fiscal year. He noted that property taxes
are approximately 4% greater in the current fiscal year than originally
estimated and are the largest source of revenue.
Mayor Pro Tern Ridgeway asked for an explanation of "taxes other than
property ". Administrative Services Director Danner stated that the category
includes approximately $19 million in sales tax and between $8 and $9 million
in Transient Occupancy Tax (TOT).
City Manager Bludau pointed out that the intergovernmental category is
expected to be approximately 48% greater than originally estimated, as a result
of the Vehicle License Fee (VLF) assumption that was made. He stated that the
total general fund budget was originally predicated on revenues of
approximately $95.4 million and the revised estimates show that it will be closer
to $100 million, or 5% greater than estimated.
City Manager Bludau stated that the 2003 -04 budget is a balanced budget with
conservative, yet realistic revenue forecasts. He added that all known and
mandated cost increases are included, and certain funds have been set aside for
future uses. He listed the areas where the revenue projections have been
reduced, which included the VLF backfill, California Library Services Act, the
Public Library Foundation Program, police grants and Senate Bill 90 (SB 90)
mandated cost reimbursements that aren't expected from the State. City
Manager Bludau stated that new expenditure items in the budget include
National Pollutant Discharge Elimination System ( NPDES), compensation and
benefit increases and fuel modification zone costs for the Newport Coast area.
City Manager Bludau displayed a chart listing the proposed water quality
expenses. He stated that this is the biggest program change for the 2003 -04
budget, and the expenses total approximately $5.3 million and include salaries,
payments to the County to run certain programs, an enhanced alley street
sweeping program, an environmental services officer and sewer spill avoidance.
City Manager Bludau stated that grant monies will help pay some of the costs.
Council Member Heffernan asked how much more is being spent in the
upcoming fiscal year than was spent during the current fiscal year.
Administrative Services Director Danner noted that the new expenses are
highlighted on the chart, and confirmed that they total approximately
$1 million. City Manager Bludau displayed a proposed organizational chart for
the 2003 -04 fiscal year, which showed the change in how water quality
enforcement would be handled. He explained that it was decided to combine the
City's current code enforcement program with the enforcement of the new
NPDES requirements, and place it in the City Manager's department. He
stated that this will provide it with a high profile, although the program will
begin as an educational effort prior to enforcement. Council Member Heffernan
Volume 56 - Page 115
City of Newport Beach
Study Session Minutes
May 13, 2003
INDEX
asked if the costs will be recuperated through fines. City Manager Bludau
stated that it is not anticipated to do so and is not the intention.
City Manager Bludau displayed a pie chart of all City revenues, which totals
approximately $156 million. He noted that nearly 50% of the total comes from
property taxes, and sales and other taxes. He stated that secured property tax,
sales tax and transient occupancy tax total approximately $63.5 million, and
make up 64% of the general fund revenues.
Council Member Heffernan confirmed with Administrative Services Director
Danner that "property tax" includes items such as homeowners exemption,
unsecured property taxes, penalties and delinquencies that "secured property
tax" does not.
City Manager Bludau displayed a pie chart of all City expenditures, and noted
that public safety comprises approximately 43% of the total. He listed the other
items and noted that public works comprises approximately 17% of the total and
includes the Capital Improvement Program (CIP). He stated that the proposed
total expenditures of all funds for the 2003 -04 fiscal year is approximately
$164.5 million, with the operating budget totaling $129 million. He stated that
the CIP is proposed at $30 million with $11.5 million in rebudgets. City
Manager Bludau stated that the general fund operating budget is
$100.5 million, with public safety and public works accounting for
approximately 75% of the total.
City Manager Bludau displayed a graph showing the historical trend in selected
functional operating expenditures since the 1992 -93 fiscal year- The categories
include public safety, public works, community services, general government
and community development. He noted that the fluctuation in general
government is due to the amount of money spent on the El Toro Airport effort.
City Manager Bludau displayed a list of the changes to positions for the 2003 -04
fiscal year. He noted the two positions from the planning department that
would be transferred to the city manager's department for water quality and
code enforcement. He stated that the three new positions being proposed for the
city manager's department would also specialize in water quality work. He
pointed out that part of the justification for the positions is the elimination of
two positions in the General Services Department that were handling drainage
basin and ditch cleaning. City Manager Bludau noted the new position in the
waste water division of the Utilities Department that would be necessary with
the addition of the new sewer video inspection equipment being proposed at the
evening meeting. He also noted the new position in the Fire Department for a
department assistant, which would handle some of the clerical work currently
being done by uniformed personnel.
Council Member Nichols asked how much is being saved with the elimination of
the two positions in the General Services Department. City Manager Bludau
stated that the storm drain cleaning will be contracted out for a total of 160,000.
He noted that approximately $90,000 to $100,000 was spent during the current
fiscal year.
Volume 56 - Page 116
City of Newport Beach
Study Session Minutes
May 13, 2003
I
City Manager Bludau displayed a graph showing the number of full-time
positions in the City for each fiscal year since 1992 -93. He stated that the
proposal is for 778 full -time positions, with 385 of those being public safety
positions. He also displayed a graph showing the City's general fund reserves
each year since 1992. He noted that the significant dip in the mid 1990's was
due to the Education Revenue Augmentation Fund (ERAF) shift, and that the
City is currently in full compliance with Council Policy F -2,
Reserves/Designations of Fund Balance. City Manager Bludau stated that
reserves are important due to the uncertainty of economic conditions and
revenues, clean water legislation, lower investment earnings, and the
annexations, which increase the asset base on which the reserves must be
calculated. He emphasized that the State budget crisis is also a primary reason.
Mayor Bromberg confirmed with City Manager Bludau that any significant
costs associated with the annexation of Santa Ana Heights would come from the
redevelopment fund.
Council Member Heffernan asked if money had been reserved for the payments
that need to be made in regard to the Newport Coast annexation.
Administrative Services Director Danner stated that the fund balance estimates
for the current year include $300,000 for retroactive payments to the
homeowners associations.
City Manager Bludau displayed a graph that showed the losses since the 1992-
93 fiscal year incurred by the City due to the ERAF shift. He noted that they
are ongoing and total approximately $48 million. Referring to the list of special
reserve funds and the estimated 2003 -04 fiscal year -end balance for each,
Administrative Services Director Danner pointed out that the contingency
reserve and the stabilization reserve are fully funded, as required by Council
Policy F -2. He also noted that the reserve for capital improvements is being
increased from $2 million to $3 million due to the continued receipt of the VLF,
and the reserve for the Public Employees Retirement System (PERS) rate
changes is being set aside for expected increases in future years. City Manager
Bludau added that the money being set aside in the capital improvement
reserve could be used for the initial efforts that might be needed for
consideration of the construction of a new City Hall. He also noted that the
PERS rates have fluctuated over the past ten years due to market returns,
contract changes and the City's funding levels. He stated that the
establishment of a reserve is being proposed to help smooth the effect of the rate
changes. Administrative Services Director Danner stated that the City's PERS
contribution for 2001 -02 fiscal year was $5 million. It is $6.6 million for the
current fiscal year and is expected to be $9.3 million for the 2003 -04 fiscal year.
Council Member Nichols asked what has caused the change. Administrative
Services Director Danner stated that the primary cause has been due to the
investment loss that PERS has experienced over the past three years.
City Manager Bludau stated that one of the new developments and pending
issues with the 2003 -04 fiscal year budget is the clean water legislation that will
require new expenditures, with no new revenue expected. He stated that cost
increases have been included in the budget for the negotiated salary and benefit
increases, but there is an uncertainty about key revenues and the State's action.
Volume 56 - Page 117
City of Newport Beach
Study Session Minutes
May 13, 2003
1p117D/:1
City Manager Bludau stated that the management team met on May 9, 2003,
and discussed their top ten priorities for the 2003 -04 fiscal year. He stated that
the process ensures that staff has the same priorities as the City Council, and
assigns responsibility for each priority to the appropriate staff members. City
Manager Bludau stated that the first priority discussed involved the local
coastal plan. He stated that the goal for the 2003 -04 fiscal year is to have the
land use plan certified and the implementation plan submitted to the Coastal
Commission for initial review. The second priority is to implement a program
which continues the quality of the City's code enforcement while developing a
water quality enforcement effort. He stated that the intent is to create a model
program.
Council Member Nichols stated that the public will need to be made aware of
the new code. City Manager Bludau stated that an educational component will
be a part of the program.
City Manager Bludau stated that the thud priority involves the general plan
update and the goal is to complete the baseline data and analysis by December,
2003, and complete the evaluation of the land use plan by the end of the fiscal
year. The fourth priority is to temporarily reconfigure the park playfield and
complete the design development for the Mariner's library and park. The fifth
priority is to complete the design of the new Santa Ana Heights fire station. The
sixth priority is to complete the West Santa Ana Heights, country club and Mesa
Drive annexation by July 1, 2004.
Mayor Bromberg stated that the policy direction from the City Council was to
report back to the City Council with additional information on the annexation of
West Santa Ana Heights, but not to complete the annexation. City Manager
Bludau stated that the first objective is to review the possibility of the
annexation and report back to the City Council. He noted, however, that if staff
is directed to pursue it further, it will be a major effort.
City Manager Bludau stated that the seventh priority does not contain any goals
or assignment of staff, since it will be up to the City Council to provide further
direction on the replacement of City Hall and a solution for long -term space
needs. The eighth priority involves the Cable TV franchise agreements, with
the goal to negotiate new agreements with Cox and Adelphia by March 1, 2004.
The ninth priority is to develop a standardized employee evaluation process,
assessing the need for a standardized form, which incorporates the
organizational values and holds employees accountable, and to train the
organization on the new process. The tenth priority is to continue an emphasis
on disaster preparedness training.
In conclusion, City Manager Bludau stated that the City is facing tougher
financial times, but has incorporated the potential losses from the State's
actions into the budget. He stated that the good news is that the City is in a
better financial position than it was during the last economic downturn, is in
better shape than most cities and essential services have not been threatened.
He emphasized that there is not much trust in what the State will decide to do.
Referring to the committee handling the Cable TV franchise agreements,
Volume 56 - Page 118
City of Newport Beach
Study Session Minutes
May 13, 2003
INDEX
Council Member Heffernan stated that the City should also make an effort to
improve the cell phone service in the City.
City Manager Bludau stated that the overview just presented was an attempt to
show that the City's budget is balanced, and where the changes and challenges
are. He stated that the challenges have been met, the City has been prudent
and improvements in service efforts have even been made.
Public Works Director Badum noted the list of projects that were completed in
the 2002 -03 fiscal year, as provided to the City Council earlier. Using a
PowerPoint presentation, he stated that the 2003 -04 fiscal year Capital
Improvement Program (CIP) will consist of over 100 projects for a total cost of
approximately $30 million. He stated that input was received from the City
departments, citizen groups and council members, and that multiple funding
sources are used to try to leverage available funds in the best way possible.
Public Works Director Badum stated that the CIP is a reflection of the
community's values, and that this year's CIP will maintain quality through
difficult times. He displayed a pie chart showing where the money is being
spent, by fund. The general fund will supply approximately $1.5 million of the
money, and is usually closer to $4 to $5 million. Public Works Director Badum
noted that over 50 projects were requested, for a total cost of over $8 million. He
stated that the selection and budgeting of the projects was done very
conservatively.
Public Works Director Badum stated that the oil spill remediation fund was
created from the settlement proceeds received from the American Trader oil
spill. He noted that over $4 million has been spent and approximately
$1.3 million remains. The tide and submerged land fund accounts for
approximately $1.3 million of the CIP, and most of the money is spent on the
coastal zone area. Public Works Director Badum stated that the building excise
tax fund has been larger in previous years, and is money received from building
and remodeling projects in the City. He stated that the expenditures are
usually reserved for fire safety, libraries, parks, beaches and recreational
facilities. He noted that the 2003 -04 fiscal year includes $150,000 in projects.
The water enterprise fund will increase in the 2003 -04 fiscal year due to the
covering of the Big Canyon Reservoir. Projects will total $7.1 million, with
approximately $5 million of that being spent on the reservoir covering project
and disinfection modification. The wastewater enterprise fund is used for sewer
main and pump station improvements, and will total approximately $1.6 million
in the 2003 -04 fiscal year. Public Works Director Badum stated that cooperative
projects will total approximately $7.1 million and include the Mariners Branch
Library.
Public Works Director Badum displayed several lists, showing the individual
projects that are being proposed for the 2003 -04 fiscal year, by fund.
Council Member Webb asked if the Mariners Park recreation facility
improvements project would include the replacement of the tennis courts.
Public Works Director Badum answered in the affirmative and stated that it is a
supplement to the library project and would utilize Proposition 40 funds, so is
considered a cooperative project. He stated that the project would relocate the
Volume 56 - Page 119
City of Newport Beach
Study Session Minutes
May 13, 2003
INDEX
tennis courts, rebuild the ball fields and add a new restroom.
Council Member Webb asked for an explanation of the Global Positioning
System (GPS) equipment that is included on several of the lists. Public Works
Director Badum stated that the GPS equipment will allow the public works
department to defer the hiring of an additional employee in the survey division
and will also enhance the department's Geographic Information System (GIS)
and public information program.
Council Member Nichols asked for an explanation of the Coast Highway
channelization project in Corona del Mar. Public Works Director Badum stated
that several locations in Corona del Mar have striped medians. He stated that it
has been decided that these areas can be made safer by constructing raised
medians. Council Member Nichols stated that many people use these median
areas to make turns. Public Works Director Badum that this will be taken into
consideration during the design phase and when selecting which areas should
have raised medians.
Per Council Member Nichols's question, Public Works Director Badum stated
that all of the projects listed are discussed in more detail in the preliminary CIP
budget package.
Council Member Webb confirmed with Public Works Director Badum that the
southbound MacArthur Boulevard at Coast Highway project will create two left
turn lanes further back from the intersection. Public Works Director Badum
added that it will be a cost efficient way to improve the intersection since it is
mostly striping redesign.
Council Member Webb asked when the West Newport Assessment District
No. 69 project is expected to begin. Public Works Director Badum stated that
the City is working with Southern California Edison on the possibilities of doing
some roadway improvements in conjunction with their work. He stated that
construction is expected to begin in late Fall.
Public Works Director Badum concluded his comments by stating that the
projects are diverse and significant, are City -wide and are conservative. He
stated that many projects are being deferred to the future and emphasized that
City facilities are really taking their toll in regard to deferred maintenance.
Council Member Heffernan asked what specific projects are being deferred and
how they would be affected by the possible replacement of City Hall. Public
Works Director Badum stated that there is quite a bit of work to be done, but
the replacement of City Hall is one of the projects that the public would get the
most benefit from. Council Member Heffernan suggested that a list of those
projects being deferred be provided to the City Council, with a priority ranking
on what would be done if the money were available. He stated that this would
help to put things into perspective.
Council Member Webb stated that the neighborhood traffic management
improvements project includes a carryover of $100,000. He asked if this was for
the Newport Heights study. Public Works Director Badum responded in the
affirmative and stated that it is shown as a rebudget so that the money would
Volume 56 - Page 120
City of Newport Beach
Study Session Minutes
May 13, 2003
INDEX
not be lost. Council Member Webb stated that the project needs to get
underway.
Council Member Webb requested that an estimate be provided for fixing a gap
on the sidewalk along Dover Drive between Cliff Drive and Castaways Park. He
suggested that the design and environmental work be done in the 2003 -04 fiscal
year. Additionally, he requested that an estimate for the installation of toilet
seats in the restrooms at Castaways Park be provided.
Council Member Webb confirmed that the fire station #7 project was for the new
fire station and asked how only $10,000 could be budgeted. Public Works
Director Badum stated that it is for predesign, but the majority of the money is
expected to come from the redevelopment agency. Council Member Webb asked
if $10,000 was enough to do the steps necessary prior to implementation. City
Manager Bludau noted that the County has pledged $1.6 million towards the
project.
Council Member Nichols requested that money be budgeted to improve the
situation at Morning Canyon. He stated that responsibilities need to be
established and something needs to be done. Public Works Director Badum
stated that the City is working on some grant funding for both Morning Canyon
and Buck Gully, and has been working with some of the property owners in the
area, as well as several agencies.
Bernie Svalstad complimented the City for putting together an excellent
preliminary budget and budgeting approximately $300,000 for traffic
management. He requested that the traffic management system be included in
staffs priorities and the CIP. City Manager Bludau stated that it is a part of
the current fiscal year's top twelve priorities, and is expected to be brought to
conclusion during the 2003 -04 fiscal year.
PUBLIC COMMENTS
Dolores Otting stated that the fiscal impact analysis and model was
introduced at the General Plan Update Committee (GPUC) meeting on
May 12, 2003. She specifically noted Tables 17 and 18, which included
the revenue received by the City from Newport Coast in the year 2000
and what is expected to be received at full build out. After looking into
the matter further, she expressed her concern that the numbers may not
be accurate and that possibly it meant that other numbers in the
analysis were also not accurate. She additionally asked where in the
budget the Newport Coast expenses are covered.
Mayor Pro Tem Ridgeway requested that information be provided to him
on whether the fiscal impact analysis includes real property taxes.
At the request of Mayor Bromberg, City Manager Bludau explained that the
supplemental budget list will be provided to the City Council in June. He stated
that the City Council will need to determine which items should be funded and
at what amount.
Volume 56 - Page 121
City of Newport Beach
Study Session Minutes
May 13, 2003
ADJOURNMENT - at 5:55 p.m. to Closed Session.
The agenda for the Study Session was posted on May 7, 2003, at 2:15 p.m on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
Recording Secretary
Mayor
Volume 56 - Page 122
INDEX
CITY OF NEWPORT REACH
City Council Minutes
Regular Meeting
May 13, 2003 - 7:00 p.m.
- 4:00 p.m.
INDEX
CLOSED SESSION - 5:55 p.m.
A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
B. ROLL CALL
Present: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Absent: None
C. CLOSED SESSION REPORT - None.
D. PLEDGE OF ALLEGIANCE - Council Member Heffernan.
E. INVOCATION - Doug Owen, Bishop, Corona del Mar Ward, Church of
Jesus Christ of Latter -day Saints
F. PRESENTATIONS
Proclamation for Pat Buderwitz
Pt Annual Whale Watching Photo Contest Presentation - Balboa Village BID
Presentation by Balboa Island Keystone Kops
Announcement about the Leukemia and Lymphoma Society Regatta Race being
held on Sunday, May 18
G. NOTICE TO THE PUBLIC
H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR
DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEM):
• Mayor Pro Tem Ridgeway announced that the rehabilitation project on
Balboa Boulevard has been completed ahead of schedule and under
budget. He stated that staff and the contractor recovered a segment of
railroad in front of Best Western Bay Shores Inn which was used by the
red cars. He indicated that it will be preserved and put on display
somewhere in Balboa.
Volume 56 - Page 123
City of Newport Beach
City Council Minutes
May 13, 2003
Council Member Heffernan requested a future study session item relative
to the improvement of cell phone service in the City. He stated that it
would be beneficial to locate the weak areas, noting that cell companies
already have scientific studies, and then offer sites in the City to improve
the service.
Mayor Bromberg noted that Council certified the proposed hotel at
Marinapark for a vote. He stated that Council promised that it would
look at the economics and commence negotiations /discussions with the
developer prior to the election in the event the election was successful for
the developer. He emphasized that it is not the City's intent to enter into
a lease unless the election is successful for the developer. He requested
that an item come back at the next meeting formalizing a committee
consisting of Mayor Pro Tem Ridgeway and Council Member Heffernan to
represent the City in the proposed lease discussions. He pointed out that
the purpose of the committee will be to report the economics to the public.
Mayor Bromberg announced that it rained during the Relay for Life. He
stated that 45 teams participated, they raised almost $70,000, 350
luminaries were purchased, the City had four teams, the Council Critters
participated, the City Slickers raised over $10,000, the Ridgeway Family
participated, and the Daily Pilot's team won the spirit award.
Mayor Bromberg thanked the Newport Ocean Sailing Association (NOSA)
for hosting and sponsoring the 56th Newport to Ensenada Race.
Mayor Bromberg announced that fireworks will be held on July 4th at the
Newport Dunes.
CONSENT CALENDAR
READING OF MINUTES/ORDINANCES AND RESOLUTIONS
Removed at the request of 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 INTRODUCTION
3. TOW TRUCK ORDINANCES. Introduce Ordinance No. 2003.8 and
pass to second reading on May 27, 2003.
4. Removed at the request of Mayor Pro Tern Ridgeway.
ORDINANCES FOR ADOPTION
5. CODE AMENDMENT NO. 2003 -001 — APPROVAL AUTHORITY
FOR GRANNY UNITS (PA 2003 -054). Adopt Ordinance No. 2003.6
approving Code Amendment No. 2003.001.
Volume 56 — Page 124
I1I17D/:/
Ord 2003 -8
Tow Truck (70)
Ord 2003 -6
PA2003.054/
Granny Units (68)
City of Newport Beach
City Council Minutes
May 13, 2003
6. CURCI PROPERTY, 129 AGATE AVENUE — GENERAL PLAN
AMENDMENT NO. 2002 -003, LOCAL COASTAL PROGRAM
AMENDMENT NO. 2003 -001, CODE AMENDMENT NO. 2002 -009,
NEWPORT PARCEL NO. 2002 -031 (PA2002 -244). Adopt Ordinance
No. 2003 -7.
CONTRACTS AND AGREEMENTS
OFFICIAL POLICE TOW TRUCK CONTRACTS. Authorize the
Mayor to execute the agreements with G & W Towing and MetroPro-
Harbor Towing to provide official police tow truck services.
8. NEWPORT CENTER DRIVE AND SAN NICOLAS DRIVE
RESURFACING — AWARD OF CONTRACT (C- 3561). 1) Approve the
plans and specifications; 2) award the contract (C -3561) to All American
Asphalt for the total bid price of $576,576 and authorize the Mayor and
the City Clerk to execute the contract; 3) establish an amount of $57,000
to cover the cost of unforeseen work; and 4) approve a budget amendment
(BA -067) transferring $223,300 of Gas Tax Funds from Account No. 7181 -
05100593 to Account No. 7181- C5100700.
9. BAYSHORES WATER MAIN REPLACEMENT — AWARD OF
CONTRACT (C -3512) AND APPROVAL OF AMENDMENT NO. 1
TO CIVILTEC ENGINEERING PROFESSIONAL SERVICES
CONTRACT. 1) Approve the plans and specifications; 2) award the
contract (C -3512) to Cody Engineering, Inc. for the total bid price of
$591,230 and authorize the Mayor and the City Clerk to execute the
contract; 3) establish an amount of $59,000 to cover the cost of unforeseen
work; and 4) approve Amendment No. 1 to Professional Services
Agreement with Civiltec Engineering Inc. increasing their compensation
$12,535 for additional design services related to the subject project and
authorize the Mayor and the City Clerk to execute the Amendment.
10. NEWPORT HEIGHTS PAVEMENT OVERLAY — COMPLETION
AND ACCEPTANCE (C- 3473). Continued
11. Removed at the request of Council Member Nichols.
12. FUEL SYSTEM UPGRADES (C -3547) — APPROVAL OF EXTRA
WORK. 1) Authorize the Public Works Director to approve Change
Order No. 1 in the amount of $27,000, which provides for additional work
and an approximate $1,300 for soils testing anticipated for environmental
clearance of the fuel system upgrades at City Hall; and 2) approve a
budget. amendment (BA -068) appropriating $17,000 from the
unappropriated balance of the Equipment Replacement Fund to Account
No. 7611- C6120683.
13. GAS SALE AGREEMENT WITH HOAG MEMORIAL HOSPITAL
PRESBYTERIAN. Approve the Amendment to the Agreement for sale
of gas to Hoag Memorial Hospital Presbyterian.
14. Removed at the removed of Council Member Nichols.
Volume 56 — Page 125
INDEX
Ord 2003 -7
GPA 2002 -003/
PA2002 -244
Curci Property
(45)
C- 3189/C -3203
Police Tow
Truck Contracts (38)
C -3561
BA -067
Newport Center Drive
and San Nicolas Drive
Resurfacing
(38/40)
C -3512
Bayshores Water
Main Replacement
(38)
C -3473
(38)
C -3547
BA -068
Fuel System
Upgrades
(38/40)
C -2493
Gas Sale
Agreement (38)
City of Newport Beach
City Council Minutes
May 13, 2003
15. Removed at the request of Council Member Nichols.
MISCELLANEOUS ACTION
16. ALARM MANAGEMENT SYSTEM UPGRADE (contd. from Study
Session of 4/22/03). 1) Approve recommended upgrades to the Police
Department Alarm Management System and award purchase to the
vendors for the specified equipment, software, and services at the quoted
costs (as outlined in staff report); 2) Approve a budget amendment
(BA -066) transferring $130,717 from General Fund Unappropriated
Reserves to the Police Department Budget as outlined in the staff report;
and 3) authorize the Department to implement an Alarm Management
System (AMS) Marketing Plan.
Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar,
except for those items removed (1, 4, 11, 14 and 15), and noting the continuance
of Item 10.
The motion carried by the following roll call vote
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg
Noes: None
Abstain: None
Absent: None
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF APRIL 22, 2003.
Jim Hildreth referenced page 104 and stated that he was not sure if the
work done in the alleys on Little Balboa Island was done improperly;
however, there are cracks and deformities in the work. Regarding public
comments, he believed that the City Manager told him that there are no
records at all other than what he has received already from the Revenue
Department. Further, he indicated that the Revenue Department had
records only until 1994. He believed that, if the Harbor Resources
Division is not keeping records as required by the municipal code, their
services are no longer needed. He added that he does not believe he said
that the division should be making money, but that their location could be
rented out to make money since he feels they are not serving any purpose
and not maintaining records.
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, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
Volume 56 — Page 126
IIo17D/:1
BA -066
Alarm
Management
System
Upgrade
(40/70)
City of Newport Beach
City Council Minutes
May 13, 2003
110113 D/:1
4. AMENDMENT TO MUNICIPAL CODE SECTION 12.44.027,
Ord 2003 -9
NEIGHBORHOOD ENHANCEMENT RESERVE.
Neighborhood
Enhancement
Mayor Pro Tem Ridgeway stated that he agrees with the goal of having a
Reserve
wider range; however, in light of the fact that there may be a
(40)
redistricting, he indicated that he does not understand why Newport
Island and the area between it and 32nd Street are being transferred from
the Balboa Peninsula to the West Newport area. He believed that
Newport Island should be added to the peninsula. He requested that this
item be continued until this is resolved.
Council Member Webb indicated that this item is not designating where
the peninsula and West Newport are other than the expenditure of
parking meter revenues. He believed that 32nd Street and Newport
Boulevard end up being a well defined boundary so that parking funds
east of it will go to the peninsula and west of it will go to, West Newport.
He stated that the way the ordinance was originally -written, the first
enhancement zone covered everything and the second excluded that area.
He noted that he wanted to establish a definite boundary to allow the
zones to function with the revenues generated in each zone. Mayor Pro
Tem Ridgeway believed that this splits the district and disagrees with
doing this. He noted that each meter is inventoried and numbered, and it
is not hard to calculate the income. Council Member Webb indicated that
this does not look at Councilmanic districts, but at areas which are
historically tied together with regard to funds being spent in one zone or
the other.
Motion by Mayor Pro Tem Rideeway to introduce Ordinance
No. 2003 -9, as amended to have 361h Street remain in District 1 and be
the boundary and keep Newport Island in West Newport, and pass to
second reading on May 27, 2003.
Assistant City Manager Wood recommended that Newport Shores be
added and amend Section 1.B.1 to read 'Parking Meter Zones 8 and 9 ".
Mayor Pro Tem Ridgewav amended his motion to include staffs
recommendation.
Council Member Adams requested and received confirmation from
Assistant City,Manager Wood that staff does not have any concerns or
issues with the changes being proposed.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
11. CORONA DEL MAR BUS SHELTER — EXTRA WORK APPROVAL.
C -3606
Corona del Mar
Council Member Nichols stated that the bus shelters are serviceable, but
Bus Shelter
Volume 56 — Page 127
City of Newport Beach
City Council Minutes
May 13, 2003
INDEX
some of the owners did not like their placement and asked why they are (38)
located mid - sidewalk.
Motion by Mayor Pro Tern Ridgeway to authorize the Public Works
Director to approve extra work in the amount of $6,028.16, which
provided for the assembly and installation of six bus shelters along Coast
Highway in Corona del Mar.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
14. PURCHASE OF CCTV VIDEO INSPECTION VAN.
Council Member Nichols asked how the van will be used and why this is a
good investment for the City. Assistant City Manager Kiff stated that the
City examined a number of different costs associated with the City
contracting out for the video taping of the sewer lines. He reported that
the City spends about $125,000 a year to inspect a quarter of the City.
However, he indicated that the wastewater team believes the City can do
more at a cheaper cost by using its own van and personnel than the
private sector can in four years. He added that the City has a $30,000
annual contract with a different company to look at "hot" spots. He
stated that the City will be able to inspect these areas with its own van
and crew. Mr. Kiff confirmed that inspections can also be conducted more
often since they want to get through more of the City faster. Council
Member Nichols believed that this would be an enhancement for the City.
Mayor Pro Tern Ridgeway reported that, on Friday, the City is testifying
before the Regional Water Quality Board about what it is doing to enforce
the NPDES permit. He stated that this is an important item to testify
about since the City has had sewer problems in the past.
Jim Hildreth asked if the City is going to have a regiment on how it is
going to inspect the sewer system and assumed that this will also help
with ruptures in the sewer lines. City Manager Bludau clarified that
ruptures of the sewer lines are almost non - existent now, but it is the
water lines that the City has problems with since they are under
pressure.
Motion by Mayor Pro Tern Ridgeway to approve the staff
recommendation and waive competitive bidding guideline thresholds and
approve the single source purchase of a Pearpoint CCTV video inspection
Hi -Cube van at a total cost of $127,021.20.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Volume 56 — Page 128
C -3611
CCTV Video
Inspection Van
(38)
City of Newport Beach
City Council Minutes
May 13, 2003
Noes: None
Abstain: None
Absent: None
15. OIL FIELD OPERATION —WATER PUMP PURCHASE.
Council Member Nichols stated that the City has several oil wells with
pumps that prevent oil leaks to the surface. He indicated that this takes
a lot of the pressure away and provides revenue to the City. He reported
that one of things the City gets from the ground besides oil is water, the
water is reprocessed, and it can be put back into the ground rather than
sold to another facility. He stated that this will save money and improve
the City's revenue stream. Further, this has the potential. of bringing
more oil out of the ground. He believed that this is a positive investment
and suggested that more money be spent on investigating how the City is
doing this so it is optimized.
Motion by Mayor Pro Tern Ridgeway to authorize the purchase of one
water injection pump from National Oil Well of Long Beach in the
amount of $100,552.50.
Mayor Pro Tem Ridgeway clarified that this is for the water injection
system whose purpose is to increase the production of the oil fields. He
noted that the City made about $450,000 last year after expenses.
The motion carried by the following roll call vote: . .
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
K. PUBLIC COMMENTS
Jim Hildreth stated that the Balboa Island Bridge Beautification was
done by the Pima Corporation and believed that the City should contact
them since the fagade is coming off. He hoped that, when the City
undergrounds the utilities on the big island, this does not happen there.
He stated that Little Balboa Island was required to put in stainless steel
grounding rods which do not meet the National Electrical Code. He
indicated that he only knows of one person that was forced to do that. He
stated that municipal code section 17.08.025 states that the City is
supposed to keep and maintain all pier permit records. He stated that
the Harbor Resources Director will be retiring and hoped that, as he is
cleaning out his desk, he is able to find some documents that were
supposed to be in his office. Regarding the Balboa Island Parade, he
stated that he will probably not be dancing around during the parade this
year but will be there in spirit.
Paul Watkins began discussing Item No. 21, but was directed to do so
when the agenda item is called.
Volume 56 — Page 129
INDEX
C -3613
Water Pump
Purchase
(38)
City of Newport Beach
City Council Minutes
May 13, 2003
INDEX
Richard Spane stated that he is not a member of any group, but is a
private citizen who is concerned about the $3.8 million expenditure to the
Airport Working Group (AWG) and Citizens for Jobs and the Economy
(CJ &E). He stated that Article 5 calls for an audit of the moneys and, in
October 2002, Council Member Adams noted that the agreement required
an audit and Mayor Pro Tem Ridgeway said the City will be conducting
an audit in about a month. He indicated that no audit has been
conducted to date, but the nearest thing to it is a report by an outside
firm. He believed that the report raises more questions than it answers,
which could result in jail time for someone. He noted that money had
been spent on projects that were cancelled, spent where tangible and
measurable outputs were not produced, spent after a February 12, 2002
deadline, and over $200,000 was not spent. He believed that this Council
should conduct an audit before it starts considering raising fees, taxes, or
anything else with the public's money.
City Attorney Burnham stated that the analysis that was conducted was
very thorough. He disagreed with Mr. Spane's contention that the report
suggested that any criminal violations occurred. He reported that the
City granted AWG an amount less than what Mr.. Spane stated. He
stated that the grant was very broad in terms of the authorized uses of
the funds and did not have a termination date. He noted that there was
no point in time at which the City had the legal authority to require AWG
to return any money. He added that, from the report and the
presentation, the firm generally found that AWG used the funds in
compliance with the terms and conditions of the grant. Mayor Bromberg
stated that most, if not all, of the participants who were involved testified
and answered all the questions that were raised, and answered to the
satisfaction of the firm that was doing the review. He agreed that the
firm said the report was not an audit, but a review; however, it was the
closest thing he has seen to an audit. He noted that no wrong doing was
ever suggested until tonight. Mayor Pro Tem Ridgeway stated that there
was a noticed public hearing about this report as requested by Council
Member Heffernan and that Council Member Heffernan represented a lot
of what Mr. Spane was saying. He indicated that, after the hearing,
Council was satisfied that there was no wrongdoing.
Laura Dietz stated that she is part of a group that is planning Corona del
Mar's centennial. She indicated that she has been appointed chairperson
of the history committee. She stated that anyone with wonderful
memories about Corona del Mar can contact B.J. Johnson at Prudential
Realty or her at 949- 721 -8035.
Dolores Otting stated that her mother -in -law is in a skilled nursing
facility in the City and she discovered a hole in the ground under the vent
that had no ducts, pipes, or sleeves, but just dirt. She thanked Principal
Building Inspector Baltera, the Mayor, and Code Enforcement Supervisor
Sinasek for all the work they did to remedy the problem. She strongly
urged families with loved ones in this sort of facility to pull the vents from
the floor and wall, and ask when they were last inspected. She noted that
this information goes back to the State's Licensing and Certification
Division, and added that they are supposed to do the inspections.
Volume 56 — Page 130
City of Newport Beach
City Council Minutes
May 13, 2003
INDEX
Ms. Otting reported that, when the meetings are being broadcast live and
people pull agenda items, the public does not know what you are talking
about because only the reruns have captions.
L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Ad Hoc General Plan Update Committee (GPUC). Council Member Adams
stated that GPUC met yesterday, noting that they generally meet the Mondays
preceding Council meetings. He reported that GPUC made a recommendation to
Council regarding the District 2 replacement on GPAC; made a recommendation
to Council regarding EIP Associate's scope and fee proposal for the professional
work necessary for the General Plan Update; and had a presentation on the fiscal
impact analysis which was created as a tool for the General Plan Update. He
indicated that GPUC will probably be on hiatus for the next two or three months;
however GPAC will continue to meet monthly.
Local Coastal Program Certification Committee. Mayor Pro Tem Ridgeway
stated that the draft document was circulated and can be viewed or checked out
at the library and in the Planning Department. He reported that the Coastal
Commission has a copy and promised to provide a summary.of their comments by
June 6. He stated that GPAC will be reviewing it on June 9 and EQAC is
scheduled to consider their subcommittee's report on June, 19. He reported that,
once they assimilated all the comments, they will reconvene the committee and
try to create a final document. He stated that the document was supposed to be
in by June 30, but they will not be able to meet this deadline. He noted that the
Coastal Commission is satisfied that the City is acting in good faith.
Newport Coast Advisory Committee. Assistant City Manager Kiff stated
that they meet every first Wednesday of the month at 5:30 p.m. at the Newport
Coast Elementary School, and the meetings are open to the public. He reported
that most of the discussion at the last meeting centered around the placement of
a community center at the corner of San Joaquin Road and Newport Coast Drive,
adjacent to Newport Ridge Park, and how they would dialogue with the
community about whether they wanted it placed there, what it would look like,
and what facilities it would have. He stated that this will be discussed at the
next meeting and they may talk with a couple of consultants or architects about
moving forward with a needs assessment.
Council Member Adams recommended that another line item be included on the
agenda after Item L that reads, "Reports on Other Committee Activities ", since it
looks like Council is only giving reports on the four listed committees. He noted
that the original intention of the item was to provide Council the opportunity to
report on all their committee activities.
Mayor Pro Tem Ridgeway reported that, about a week and a half ago, he and 11
other representatives from Coastkeepers, Newport Beach Naturalists, Irvine
Ranch Water District, and the County met with Senator Feinstein for one hour to
try to secure $25 million in federal funding for the Upper Newport Bay dredging
project which is scheduled to start in October 2004. He reported that the entire
project will cost about $38 million, but noted that $13 million has been secured
from the County, State, and the City. He stated that Senator Feinstein was a
strong advocate to secure these moneys and the lead agent is Vicky Wilson from
the County. He added that the Lower Bay dredging needs about $4.8 million and
Volume 56 — Page 131
City of Newport Beach
City Council Minutes
May 13, 2003
INDEX
they asked Senator Feinstein for this money also. He reported that he, Assistant
City Manager Kiff, and Harbor Resources Director Rossmiller spent Monday
morning with Senator Feinstein's aide and were encouraged with the attempt to
get money this year so they can commence the dredging of the turning basin in
the Lower Bay in September.
Mariners Joint Use Library Ad Hoc Steering Committee. Council Member
Webb reported that the next meeting will be held on May 14 at 4:00 p.m. at the
Mariners School Library. He stated that they will be discussing interior and
exterior colors, as well as access issues. He reported that, at their last meeting,
they appointed Chris Wilkinson and Ann Johnson to the committee.
League of California Cities — Orange County Divisions. Council Member
Webb stated that they recommended that the makeup of the Orange County
Transportation Authority Board consist of ten members with each district having
two members appointed, one will be based on a population vote and the other
would be voted on by the city. He added that he was also elected to the Airport
Land Use Commission.
Orange County Sanitation District Urban Runoff Program Committee.
Council Member Webb stated that they discussed urban runoff, diversions, and
what limits should be placed on them. He indicated that the City needs to keep
an eye on this because it could end up, potentially having to pay a fairly
substantial amount of money if there are divisions from storm drains into sewers.
Transportation Corridor Agency Board. Council Member Webb stated that
they approved toll taking machines that could accept bills, change, and
potentially credit cards.
Redistricting Committee. Mayor Bromberg reported that he chairs this
committee and they have two scenarios that will be presented to Council on
May 27.
Environmental Quality Advisory Committee (EQAC). Council Member
Nichols reported that EQAC received a presentation about the General Plan
Traffic Study and they considered the EIR on a natural treatment system. He
explained that the system uses a set of ponds to divert storm drains into the
wetlands which will help purify the water before it passes into the Bay.
Council Member Nichols reported that work is starting at Prado Dam, in the
Santa Ana Canyon, to double its size by adding 28 feet in height. He stated that
its current capacity can hold the 90 year storm, but the new capacity will be able
to contain the 180 year storm.
M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
17. PLANNING COMMISSION AGENDA FOR MAY 8, 2003.
Senior Planner Garcia reported that the first three items that the
Commission heard were approved with little discussion, but there was
discussion on Item 4 related to the parking waiver. He noted that Item 5
dealt with adding a Consent Calendar to the Commission agenda for
routine items. He stated that Items 1 through 4 are subject to appeal or
Volume 56 — Page 132
City of Newport Beach
City Council Minutes
May 13, 2003
call up by Council.
Council Member Heffernan asked the City Attorney if having a Consent
Calendar on the Commission agenda is new. City Attorney Burnham
stated that he does not believe their agenda has ever had this before, but
indicated that this section would be used for very routine items. Council
Member Heffernan indicated that he thought most of their routine items
went to the Modifications Committee. He asked if things will slide by
without public overview. Mr. Burnham stated that the vast majority of
items considered by the Commission require hearings and those items
will not be on the Consent Calendar. Assistant City Manager Wood
stated that the Commission discussed procedures to put items on the
Consent Calendar. She indicated that the Consent Calendar would
include the minutes, as they are for Council, and staffs findings of
substantial conformity with conditions of approval on a project that had
been approved previously but, in the course of development, the applicant
changed something small. Mr. Burnham stated that the Commission's
agenda has remained pretty constant, but noted that Council has
changed its procedures, the order of items on the agenda, and added and
taken items or categories away. City Manager Bludau added that this
also looks at what might happen once the Local. Coastal Program is
certified since their workload may increase dramatically.
N. PUBLIC HEARINGS
18. REVIEW, APPROVAL, AND SUBMISSION OF THE FY 2003 -2004
ONE -YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD).
Associate Planner Trimble reported that Council heard this item about a
month ago and approved it. He stated that they are doing a program
which parlances an action plan and explains how the City will be
spending its $426,000 in CDBG funds. He noted that portions of that will
go to social service providers for construction projects, repayment of
Section 108 loans, and ADA improvements throughout the City.
Mayor Bromberg opened the public hearing.
Jean Wegener, Executive Director of Serving People In Need (SPIN),
thanked Council for its support of SPIN on behalf of the Board of
Directors and the people they serve. She indicated that the population
that they serve happens to be the No. 1 priority for HUD this year.
Kathleen Bowman, Executive Director of WISE Place, stated that they
have a transitional shelter in Santa Ana. She thanked Council for their
support and recommendation. She reported that their program is for
women who are homeless. She indicated that they serve women from all
over Orange County, including Newport Beach.
Hearing no further testimony, Mayor Bromberg closed the public hearing.
Motion by Mavor Pro Tem Ridgeway to approve the Action Plan for
submittal to HUD.
Volume 56 — Page 133
I►I13
CDBG
One -Year
Action Plan
(87)
City of Newport Beach
City Council Minutes
May 13, 2003
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg
Noes: None
Abstain: Nichols
Absent: None
O. CONTINUED BUSINESS
19. APPOINTMENTS BY THE CITY COUNCIL TO ENVIRONMENTAL
QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE AND
THE AVIATION COMMITTEE.
Mayor Pro Tem Ridgeway stated that he would like to appoint Henry
Arjad as the alternate to the Aviation Committee. He reported that
Mr. Arjad is a pilot, has been a peninsula resident since 1974, has 2,700
flying hours, and has two airplanes housed at John Wayne Airport (JWA).
Motion by Council Member Adams to confirm Mayor Pro Tem
Ridgeway's appointment of Henry Arjad as the District 1 alternate on the
Aviation Committee.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
20. PROPOSED REVISION TO CITY COUNCIL POLICY B -9 —
NAMING OF CITY PARKS.
Recreation and Senior Services Director Knight stated that this item was
raised at the Parks, Beaches and Recreation Commission (PB &R)
meeting after several requests were received to name a park site after an
individual in the community who made notable contributions to the City.
However, PB &R is recommending to Council that the policy be changed to
remove the ability to name a park after an individual since there are
many deserving individuals in the community but not many naming
opportunities to honor them. She stated that staff concurs with PB &R's
recommendation and also recommends that the policy be amended to not
allow the naming of any parks or City facilities in honor of an individual.
She noted that this item was before Council at the April 22, 2003 Study
Session. She stated that Council concurred with the recommendations
and asked that the policy be clear that any recommendation or request
first go to PB &R and then to Council for final approval.
Motion by Mavor Pro Tem Ridgewav to approve amended City
Council Policy B -9 Naming of City Parks (formerly I -9) as recommended
by the Parks, Beaches and Recreation Commission and staff.
Volume 56 — Page 134
INDEX
Environmental
Quality Affairs
Citizens Advisory
Committee (EQAC)/
Aviation Committee
(24)
Policy B -9
(69)
City of Newport Beach
City Council Minutes
May 13, 2003
Mayor Bromberg referenced Section B of the policy and asked that this be
clarified. He noted that the there are facilities that are owned by the City
but are run by other operations. He believed that the policy should apply
to ball fields, parks, libraries, or places that are operated by the City, as
opposed to an outside enterprise that is not operating the facility on
behalf of the City even though it is a public facility. Council Member
Adams asked why the City would not want any say over a building that is
owned by the City but operated by others. Using the Balboa Theater as
an example, Mayor Bromberg indicated that the only connection the City
has with the theater is that it owns the building. He asked the City
Attorney if he was comfortable that the existing language takes care of
this so it is not confusing in ten years. City Attorney Burnham noted that
the policy might change by that time.
Council Member Heffernan asked about existing commitments. Mayor
Pro Tem Ridgeway believed that the policy is from this day forward. City
Manager Bludau stated that some commitments have been made
regarding Mariners Library and were entered into in good faith. He
believed that Council would not want to take away what might have been
promised to people who offered money towards the project. Mayor
Bromberg added that he believes it is the intent of the policy to apply
from this day forward, and any previous commitments should stand.
Mr. Burnham stated that a statement can be added that states that the
provisions of this policy shall not apply to commitments made prior to
May 13, 2003.
Mayor Pro Tern Ridaewav amended his motion to include that the
provisions of this policy shall not apply to commitments made prior to
May 13, 2003.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
21. ORDINANCE ESTABLISHING SAFETY ENHANCEMENT ZONES,
DESIGNATING A PORTION OF AN AREA IN WEST NEWPORT
BEACH AS .A SAFETY ENHANCEMENT ZONE DURING JULY
FOURTH AND AMENDING CERTAIN SECTIONS IN CHAPTERS
1.04, 1.05, 5.11, 5.95 AND 10.58 OF THE NEWPORT BEACH
MUNICIPAL CODE TO INCREASE FINES AND PENALTIES FOR
MUNICIPAL CODE VIOLATIONS, PROHIBIT THE DELIVERY OF
ALCOHOL TO ALCOHOL BEVERAGE OUTLETS, INCREASE THE
RESPONSIBILITIES OF THE OWNERS OF SHORT TERM
LODGINGS AND REQUIRE IMMEDIATE TERMINATION OF
CERTAIN ACTIVITIES UPON REQUEST OF A PEACE OFFICER
IN AN AREA DESIGNATED AS A SAFETY ENHANCEMENT ZONE
AND DURING THE TIME THE DESIGNATION IS EFFECTIVE.
Volume 56 — Page 135
INDEX
Ord 2003 -5
July 4th Safety
Enhancement Zone
West Newport
(70)
City of Newport Beach
City Council Minutes
May 13, 2003
City Attorney Burnham reported that, after July 4, 2002, Council
appointed West Newport Beach residents and Council Members Proctor
and Ridgeway to the July 4th Safety Committee which met six or seven
times. He stated that the meetings were well attended by residents and
individuals interested in this issue. He reported that the committee
conducted a comprehensive survey of West Newport residents with
respect to how to deal with the July 4th situation. He stated that the
committee studied the results of the survey and noted that the ordinance
is a result of the work of the committee and the survey.
Mr. Burnham explained that the ordinance does not prohibit people from
having or attending parties, or drinking alcohol in compliance with the
law. He indicated that he provided red -line copies of the ordinance at the
table. He further clarified that the ordinance establishes a Safety
Enhancement Zone in the area bounded by 541h Street, the Pacific Ocean,
32 ^d Street, Newport Boulevard, and Coast Highway that will be
applicable only on July 41h and the first two hours of July 51h. He stated
that the ordinance would increase fines for administrative citations
issued within the area and 26 hour period, and adds a condition to short
term lodging permits so owners of units within the zone have to take
immediate action to prevent unruly or illegal behavior by the occupants.
He reported that the ordinance does the same thing with respect to both
property owners and occupants that, when there is a request by a law
enforcement officer, they have an obligation to take immediate action to
terminate the unruly or illegal behavior. He stated that the provisions
reflect the fact that the police have a very heavy workload, are frequently
unable to move back to a location from which they came from because of
other pressing duties, and there is a serious potential for a major
disturbance in West Newport due to the crowds and some of the illegal
activities. He reported that the ordinance also prohibits the delivery of
alcohol to alcoholic beverage outlets in the zone during the 26 hour
period. He stated that the City is required to send a letter to each
property owner and occupant within the zone explaining the ordinance.
Further, the City is also required to post notices at the boundaries of the
zone indicating that there will be enhanced penalties during that time.
Captain Henisey showed a video that depicted the activities that took
place in the West Newport area during the last 4th of July.
Mayor Pro Tem Ridgeway reported that, last year, there were 14 felony
arrests, 148 misdemeanor arrests, 110 business and professionals code
violations, 11 health and safety code violations, 341 municipal code
violations, 171 vehicle code violations, 711 parking violations, and
35 disturbance advisements.
Paul Watkins believed that Council will hear tonight that the ordinance,
in response to what was on the video is unpatriotic, an unconstitutional
action, and is in violation of civil rights. However, he is asking Council to
consider whether it is truly these things if it only wants to reduce the
number of arrests. He noted that it was not mentioned that there were
three rapes, a gang rape, 14 bike thefts, a victim suffered 18 stitches in
his head, another victim suffered broken teeth and a broken nose,
gunfire, and a near riot when a crowd of 300 surrounded police officers.
Volume 56 — Page 136
City of Newport Beach
City Council Minutes
May 13, 2003
I
He asked if the video is of Florence and Normandy after the first Rodney
King verdict or the Watts riot of the early 1960s, but noted it is actually
of West Newport. He asked Council to act wisely to send a message that
Newport will no longer tolerate this behavior all under the guise of a little
fun on Independence Day. He stated that, in 54 days, we should be able
to celebrate a safe and sane day of independence, and not a day of
irresponsibility. He requested that Council adopt the ordinance as
presented.
Jim Miller, West Newport Homeowners Association President, thanked
Council for all its effort in making West Newport safe on July 4th. He
noted that the ordinance was drafted as a response to citizen complaints
and its goal is to reduce excessive alcohol consumption and give the police
the tools they need in order to reduce violence and other crimes.
Kristen Miller thanked Council for trying to make the City safer. She
reported that, last July 4th, she and her friends were riding their bikes
near Newport Pier and a fight broke out. She stated that there were 40
to 50 people and they saw someone knocked unconscious and bleeding.
She noted that parents and their children were trying to turn away. She
added that a drunk, large person passed out on her bike which knocked
her and her friend off their bikes.
Bob Small stated that he has spoken to Council on a number of occasions,
but did not attend the committee meetings. He believed that the
provisions are good but misses the point that it is not the landlords or
tenants that cause the problems but the people who are encouraged to
come to the City to party during July 4th. He asked that there be a way
for the police, homeowners, and tenants to work together to attack the
problem areas, as opposed to fining the landlords and tenants. He stated
that, when he was a renter, the police helped him break up his parties,
and now that he is a landlord, he tries to rent to tenants that won't cause
problems. He noted that people sometimes use agencies to rent their
properties. He asked how the cause of the problem will be identified since
people who are not invited show up to the party.
Mayor Pro Tem Ridgeway stated that, regarding the fines, the agents and
realtors will need to take this into consideration when they get their
deposit. He reported that the landlord is only liable if the fines do not get
paid by the tenant.
Paul Pery stated that he represents FreeNewport.com. He indicated that
FreeNewport.com staff and supporters of constitutional rights walked a
July 4th petition around the neighborhoods and local businesses to inform
and educate West Newport, as well as identify the neighbor's views of the
ordinance. He noted that, in ten days, they collected over 1,000
signatures from mostly zone residents. He believed that the petition
indicates that residents /voters strongly oppose the ordinance and ask that
Council rethink its position since the signatures represent the will of the
constituents. He pointed out that a majority of the citations /arrests are
from non - residents. He believed that there are other rational means to
accomplish a safe and fun July 4th and used the Taste of Newport as an
example. He believed that the ordinance unequally targets homeowners
Volume 56 — Page 137
City of Newport Beach
City Council Minutes
May 13, 2003
and renters.
11013 D/:1
Mayor Bromberg noted that the City received the petition which had five
items on it. He stated that three of the items say not to impose the fines,
and the others say that City Council should not end delivery of alcohol to
alcohol establishments, and it should not ban businesses from storing
alcohol outside. He indicated that a legitimate petition will tell the
people what the issue is. He stated that, so far, he is hearing that the
people who live there are talking about the issues and problems tonight.
He noted that being a renter is not an issue here, but the petition needs
to bring up both sides.
Werner Escher stated that he felt informed and educated by looking at
the video and did not realize how bad it was. He applauded Council for
trying to make an attempt to reduce the mayhem.
Cullen Sheward stated that rapes and stabbings are horrible, but you
cannot judge them because of a few bad apples or make regulations or
laws that hurt everyone because people make bad decisions. He indicated
that he is opposed and that adding more police and having more of a
crackdown is a mistake. He believed that the City will end up with more
issues. He added that the people raping, stabbing, and killing are not
from the City, are drunk, and out of control. He stated that the people
who live here have a respect for the community and are not here to hurt
anyone, but to enjoy July 4th. He agreed that people who own property
have the right to have their property and person protected, but he
believed he should also be able to enjoy the day.
Council Member Adams asked how this will hurt Mr. Sheward and
inhibit law abiding celebration. Mr. Sheward believed that the Newport
Beach Police Department is sufficient to handle July 4th. Council
Member Adams noted that additional police is not included in the
ordinance. City Attorney Burnham clarified that Council authorized
$55,000 to fund additional law enforcement personnel to assist the police
on that occasion, but the ordinance does not address police presence or
staffing levels.
Matt Olsen explained how the ordinance may affect him and stated that,
on July 4th, he may have 50 friends of legal drinking age at his house, a
pretty girl may walk by, and he stops her to talk. He proceeded by saying
police officers tell her she cannot stand there and she needs to keep
moving or she will be ticketed. He believed that Balboa residents live in
constant fear of being harassed by the police and ticketed for something
they did not know was illegal in the first place. He continued the
scenario, but stating that after the girl keeps walking, he decides to
continue the conversation on the street; however, he mistakenly brings
his beer, is stopped by police, and receives a $100 ticket. He believed
that, if the ordinance passes this year, he will be given a $300 ticket. He
indicated that the police officers that just ticketed him can now declare
his gathering out of control. He noted that there is no guideline for "out
of control" and this will be at the officer's discretion. He added that, if it
takes him 11 minutes to clear people out of his house, he will receive
another $300 fine. He believed this is ridiculous, unacceptable, and un-
Volume 56 — Page 138
City of Newport Beach
City Council Minutes
May 13, 2003
INDEX
American. fie stated that the police should protect and serve, not break
up peaceful gatherings.
Elliot Leonard stated that the ordinance is about assuming and assessing
responsibility. He believed that the assessment will make people assume
more responsibility.
Lori Morris believed that the City thought FreeNewport.com would not
find support from homeowners in West Newport; however, there are
homeowners in attendance who feel the new bans and regulations are
violations of the Eighth Amendment. She believed that the proposed
fines are excessive and border on ridiculous, noting that they already
have consequences for violators of local ordinances. She stated that the
July 4th holiday is about the freedoms that citizens hold as an absolute
truth that the government cannot impose its will upon the people. She
believed that the ordinance will trample the rights of property owners
and businesses who pay taxes to operate within the City's borders. She
stated that, to tell a merchant it cannot do business on a particular day,
is akin to the government the U.S. just opposed in Iraq. She indicated
that the show of force that the Newport Beach Police Department uses on
this day has been utilized effectively the last'two years, believing there
has been a more controlled atmosphere than years past. She expressed
her concern that one area is singled out for higher fines and regulations,
and asked if it is to limit the number of people who would object to the
ordinance. She believed that, if the fines were reduced Citywide, it may
reduce the need for police response in other areas. She' also read apart of
the First Amendment.
William Filer stated that he is an owner and landlord, and does his best
to screen tenants. He believed that, if he leaves July 4th, he should not be
responsible if someone from outside the community barges on their
property and causes problems. He stated that he was sorry Miss Miller
had a problem with a drunk falling on her bike, but the war on drugs has
shown that locking people up does not sway criminal activity. He
believed that the drunken fool is not going to stop their activity once they
are drunk. He noted that the fines will fill the City's coffers but he does
not feel he should pay fines if someone barges onto his tenant's property.
He stated that, if there needs to be a greater police presence, the City
should do that, but not impose additional fines since the current fines are
sufficient. He .believed that administrative citations are convenient for
the City because the people do not need legal counsel. He explained that
rights are waived by default, the fines are paid in advance, and then a
person has to challenge the citation in front of a hearing officer. He
believed that this ordinance starts prohibition again and people are losing
their judicial rights.
Mike Gordon stated that he is an owner and landlord in the area, and
expressed his support of the ordinance. He believed that the police in the
City are reasonable and, if there is an honest effort by a landlord or
tenant, they will use discretion, work with them, and assist them in
removing an unwelcome out of towner. He indicated that every year, the
two bedroom, one bathroom house near him has about 100 people on their
property and his house gets urinated on. He stated that it is fine if
Volume 56 — Page 139
City of Newport Beach
City Council Minutes
May 13, 2003
`Ii�fI7D1:�
someone wants to have a party it they keep it reasonable and at a
reasonable hour, but they need to realize that people work the next day.
Larry Lifer commended Council and the people who worked on this. He
expressed his hope that it will be short term so the word can get out that
Newport Beach is not a place to come for riotous behavior. He believed
that July 4th has gotten worse over the years and that it is going to take
something like this ordinance to get the word out.
Burt Thayer stated that, for as long as he could remember, July 4th has
always been his favorite day of the year, but now it seems that the City is
trying to get rid of it by gradually banning the freedom to celebrate the
holiday. He asked why the City is not capitalizing on the visitors, noting
that New Orleans can handle Mardi Gras for two weeks. He added that
the City conducts the Taste of Newport and is organized, and suggested
shutting down streets. He stated that San Diego has Street Scene in
which they close off an area and people pay to get in and drink. He noted
that Mayor Pro Tem Ridgeway listed municipal code violations as one of
the problems, but now the City wants to induce more codes as a solution.
He believed that many of the problems come from the current ordinances
and police's enforcement of them since they sometimes do and sometimes
don't enforce them. He stated he does not want there to be riots on July
4th, but he does not want to be triple fined if he makes a mistake. He
believed that this should be researched more and that it would be
irresponsible for Council to pass the ordinance as proposed, especially
since it is almost impossible to get rid of it once it goes into effect.
Mr. Burnham stated that the last speaker raised issues that the
committee debated. He indicated that this area is unlike New Orleans,
San Diego, or the Taste of Newport because it is a large residential area,
not a single street commercial area or private property. He emphasized
that public property provides a lot of coastal access and that the area is
different than anywhere else the Police Department found in the United
States. He added that the City has a limited capacity to control access.
Jim Hildreth indicated that after ten minutes, people would get a $1,000
fine, not a $300 fine. He stated that he disagrees with holding the
landlords responsible because you cannot control people and people have
the right to live their lives. He asked if this is an adoption of what they
did in Huntington Beach because he heard a rumor that all the fines
issued there were thrown out. Further, there was a rumor that the City
has an ordinance about needing a permit to have 15 people at one
location. He asked if the police are jeopardizing the citizens of the City if
they force a place to shutdown and make the people who have consumed
alcohol leave the premises. He stated that the party will go on and there
should be a paddy wagon since there will be people drunk in public. He
believed that this is only a revenue ordinance for the City and that it
should let people in, but get them when they try to leave because DUIs
will generate a lot more revenue.
In response to Mayor Bromberg's question, Police Chief McDonell
indicated that the City has about 100,000 people in West Newport during
July 4th. Mayor Bromberg agreed that people have the right to live their
Volume 56 — Page 140
City of Newport Beach
City Council Minutes
May 13, 2003
INDEX
life, but Miss Miller has the right not to have someone interfere with her
peace and quiet, as does everyone that lives there. He indicated that, if
people would take responsibility for their actions, this discussion would
not be happening.
Brandon Finney stated that Council is here to represent all of the City,
including the younger residents that rent homes. He indicated that they
want to live a nice, prosperous, safe, and secure life, but he believed that
Council has lost touch with the youth of Newport Beach. He added that,
with the continual and additional restrictions, it will only hurt Newport
Beach residents and business owners. He believed that July 4th is
probably the most profitable day for most local businesses. He stated
that the more restrictions, greater fines, unneeded increase in the police
force, and the never ending new laws will only hurt the City in the long
run. He indicated that, if the City scares or eliminates people from
coming on July 4th or any other time of the year, the City will only be
decreasing its and local businesses' annual revenue. He asked Council
not to forget the excitement July 4th brings to the younger and older
residents of Newport Beach. He noted that this is the day the nation
celebrates freedom and should not be a day that Council, the police, and
other forces celebrate a day of local resident restrictions.
Geoff Shively believed that no one understands the real solution to this,
even though they know they do not want the fines or new laws in place.
He indicated that he was not aware of the committee that created this
ordinance and believed that others were not aware of the committee
either. He stated that many of the people are presenting issues, but are
not solutions. He believed that this is not the time to pass or finalize
something that the majority of the people in the area do not agree with
because they were not part of the development of this. He suggested
having another committee reevaluate the problem and gain more
information, or create a legal petition. He indicated that he does not have
any suggestions right now on how to handle this. Mayor Bromberg
pointed out that the Fourth of July Committee is an open committee and
was created in September 2002. Mr. Shively apologized for not knowing
about this and believed there were others in the audience who were not
aware of the meetings. He stated that this has raised a lot of awareness
and, if anyone would reconsider forming this, or trying to create a
different foundation that this was built on, it would be appreciated by
those contesting this tonight. Mayor Bromberg noted that, whether the
ordinance is adopted, the committee will still be alive because the City
will learn a lot of what happens this year. He indicated that this does not
mean it will not be modified next year.
Council Member Proctor reported that, prior to September 2002, he has
asked on seven or eight occasions for public support and input on this
issue, 15,000 letters were sent out on three different occasions, a poll was
taken, they received back a substantial number of responses, and had six
or seven meetings. He stated that he does not understand how the City
could have done more to get people engaged. He pointed out that there
are 56 days until July 4th and they are running out of time to implement
something. He stated that they have tried to reach out to the community.
Council Member Proctor reported that, after the questionnaires came
Volume 56 — Page 141
City of Newport Beach
City Council Minutes
May 13, 2003
INDEX
back, they compiled the suggestions and went middle -of- the -road from
those suggestions. He suggested scheduling a follow -up meeting of the
committee so the people who are testifying can come forward with
suggestions. He noted that one of the suggestions from the survey was to
border off the City so people from out of town could not come in. He
emphasized that the City cannot legally do this. Mayor Bromberg stated
that the City can make the Chambers available for this meeting.
Peter Smith stated that he is a property owner and has year -round and
summer tenants. He expressed concerns about tripling the fines if his
tenants get out of hand. He indicated that he has had to stop his tenants'
parties before; however, now his tenants are well behaved and are
courteous. He stated that property owners need to take responsibility for
their property and for choosing their tenants. He indicated that they will
not be renting out their property the week of July 4th and that he does not
believe one day makes a huge difference in the overall revenue of the
businesses. He pointed out that the reputation of Newport Beach is more
important. He stated that it is the property owner's responsibility to find
good tenants, work with the rental agent to get good tenants, and write
provisions into the leases or rental agreements that precludes these
situations. He believed that the police will work with property owners if
they are truly making an effort to get the situation under control. He
agreed that, if after July 4th it is discovered that this is not what the City
needs, Council can change it.
Valerie Sexton stated that they realize this is a big problem and believed
that the committee made a good effort to come up with ways to control it
better. She added that controlling the sale of alcohol is a good part of the
ordinance. However, she explained that the reason a lot of 39th Street
residents are in attendance is because it is Independence Day and they
resent more government interference on individual liberties. She added
that they understand the potential for bodily harm and they feel terrible
for what has happened to Miss Miller and others because they do not
want those things to happen, but it is Independence Day and Crackdown
Day at the same time. She asked if there is anywhere else in the City
where a party goes out of control. Mayor Bromberg indicated that it does
not happen like this. Ms. Sexton asked who set the 32nd Street boundary,
noting that Miss Miller saw the violence near the Newport Pier. She
asked why this is not a Citywide ordinance.
Greg Farley agreed that the City cannot identify one area because this
happens up and down the peninsula, even to the Wedge. He believed that
this ruling will affect his property values, compared to someone on 31st
Street or 291h Street. He stated that the City should look at limiting the
traffic onto the peninsula to slow down the onslaught of out of town
visitors. Council Member Proctor indicated that the committee heard and
considered this suggestion and looked into the legalities of it, but it could
not be done.
Mike Cooper stated that it sounds like a lot of arrests and misdemeanors,
but noted that there were over 100,000 people there, which means that
only about .03% of the people were causing trouble. He indicated that he
was at a Dodgers game the other weekend with about 50,000 people and
Volume 56 —Page 142
City of Newport Beach
City Council Minutes
May 13, 2003
INDEX
reported that he saw about 25 fights. He believed that the ordinance is
not representing the majority and there will always be bad people no
matter where you go, so he is not sure why everyone should be punished
for a couple of bad eggs. He agreed that what happened to Miss Miller
was unjustifiable, but asked how anyone knows that this will not happen
in June or tomorrow. He stated that people will do what they do and
ordinances will not change them. He asked, if the area is shut down,
what will stop them from going someplace else. He indicated that he sees
stuff like this every weekend at the bars.
Edward McLaughlin asked how many of the 162 arrests were, convictions.
He stated that all he saw in the video were people acting out against law
enforcement. He believed that, if people had an officer at each end of the
block, they would end up doing something wrong because everyone does
wrong things. He stated that he printed out July 5th information from his
computer and reported that the Daily Pilot stated that Newport Beach
recorded typical number of arrests for the holiday, but the large police
presence kept the festivities in control and the large throngs of partiers
maintained a mellow mood throughout the day. Further, a CHP officer
stated that he has not given a ticket out or has not seen anyone with an
open container. He noted that only 55 arrests were made by 10:00 p.m.
and they felt that it has been quieter than in the past. Mr. McLaughlin
also looked up the New Orleans Police Department on his computer
which reported that they bring in 106 extra officers for Mardi Gras.
Roy Lee Ray stated that he grew up in the City and that July 4th has been
a riot his entire life to the point he has left the last three years. He
indicated that the argument tonight is about breaking the law or not
breaking the law. He stated that the people are not partying, but
creating a riot. He noted that this is not about freedom, but about law
abiding citizens enjoying the Fourth of July. He stated that he is furious
that people are applauding a riot. He indicated that the laws are being
created to produce the order that has been lost. He emphasized that laws
have been broken, people have been treaded upon, and their freedoms
have been taken away under the justification that they want to get drunk
and party. Mr. Ray indicated that he used to have a drug house next to
him but he worked with the Police Department to work within the law to
deal with him. He noted that the property at that time was owned by
someone who lives in Portland. He stated that the law is not about
forcing people to behave themselves, but has come about because of a
tyranny of drugs. He believed that July 4th has been a riot, people are
trying to justify a riot, there is no justification for a riot, and there is no
profit in a riot. He stated that Council is doing the right thing.
Margy Dorney stated that she has been a member of the committee and
reported that they have worked very hard to come up with a solution that
protects everyone's rights, yet have responsible partying. She assured
everyone that they all want to safely support the Fourth of July. She
stated that there will be more good ideas brought up at future meetings
and strongly supports the ordinance.
Brian Clarkson stated that he did not hear the result of the July 4th
survey in which the City proposed everything except putting up a fence
Volume 56 —Page 143
City of Newport Beach
City Council Minutes
May 13, 2003
INDEX
around West Newport or requiring wristbands to get in. Mr. Burnham
indicated that he can provide Mr. Clarkson with a copy of the results if he
contacts him. Council Member Proctor reported that over 80% wanted a
lot more extensive restrictions than what is in the ordinance, i.e.
wristbands, stopping cars, prohibiting non - residents from entering the
area, and fencing off the area; and 90% wanted a lot more done than what
was done last year with regard to police presence. He stated that the
committee compromised significantly downward from what the majority
who responded wanted. He indicated that about 15% wanted to continue
to party and have less police enforcement. Mr. Clarkson indicated that
FreeNewport.com would be happy to help the City if it wanted to solicit
ideas from West Newport. He stated that, on a limited budget, they were
able to fill the room so he is not sure where the City was looking for
people. Council Member Adams noted that Council has meetings twice a
month for the last hundred years and they are there for the people to
come to them with concerns.
Council Member Webb stated that one of the ways Air. Clarkson can help
the City is to prove that the City is wrong by organizing
FreeNewport.com to have a safe and sane atmosphere, and cut down on
the problems. He believed that, if this passed tonight, and there was a
safe July 4th without this atmosphere, Council may look at modifying the
ordinance later. Mr. Clarkson agreed and stated that one of the things
FreeNewport.com will recommend and push is to tell people to use
Friday, July 4 to prepare, but celebrate on July 5 since all the laws expire
at 3:00 a.m. He stated that they are not encouraging people to break the
laws, but businesses will be able to deliver alcohol on that day so they can
celebrate. Mayor Bromberg indicated that they are not looking for a
solution, but a way to get out of it. Mr. Clarkson stated that he did not
attend any of the committee meetings because it was his understanding
that there were only two residents involved. Mayor Bromberg clarified
that it is an open meeting and many residents attended, Mr. Clarkson
stated that he did not know about the meetings and believed that none of
the other West Newport residents knew about it either. He concluded by
quoting Benjamin Franklin.
Daryl Withrow stated that he owns a business in the City and three
criminals came into his building and stole $40,000 worth of merchandise.
He indicated that this is a lot worse than drinking and reported that they
only spent 90 days in jail. He believed that Council needs to concentrate
on this.
Keith Eberl stated that he has attended July 4th festivities every year
since he moved here. He believed that law enforcement is only half the
solution and that creative problem solving is required. He noted that
there are too many people in one area and there are people from out of
town in an area where there is no place for them to go. He suggested that
the City provide licenses for bars to sell liquor in their parking lots and
make a festival out of it. He stated that this will decentralize the crowd
in West Newport and scatter them to other places where there could be
controls. He expressed concern that Council is asking the residents for
solutions, but no one is providing any except for the one that will be voted
on. Council Member Proctor stated that Mr. Eberl's suggestion was
Volume 56 — Page 144
City of Newport Beach
City Council Minutes
May 13, 2003
INDEX
discussed, but the committee could not find anyone who wanted to move
this crowd to their location.
Jeff Edleblu also asked for a copy of the survey. He stated that he works
with the National Gallup Polls and believed that no one can survey 48%
of the population.
Jed Yocam stated that letters were sent out, but he did not receive his
until a week ago. He indicated that he only knew what was going on
because he works for the Fire Department's Marine Division. He agreed
that there is an influx of people to the area, but he takes responsibility for
himself and his guests, and believed that every renter and homeowner
does the same thing. He believed that the police will issue him a ticket if
he did not get everyone out in ten minutes. He reported that someone
purposely threw a beer can at him last July 4th and he looked for police
for help; however, he was on Seashore Drive while most of the police are
on Balboa Boulevard. He stated that the crowd told him to throw it back.
He believed that there is more standing around by the police than
patrolling. He stated that, if they patrolled the neighborhoods, there
would be less conflicts and more peace.
Gene Dorney stated that the evening started by hearing about how the
fines are too high, how the local renters should not be. targeted, heard the
Eighth Amendment, heard a quote by Benjamin Franklin, and now
people are saying they did not get their notice. However, he noted that no
serious opponent of the measure is talking about the reasons the
ordinance is before Council. He indicated that no one can say that what
is going on is safe. He stated that, in the world where the party always
goes on, there are no responsibilities and no foreseeable injuries to people,
just riots. He commended Council and the committee for this ordinance
since this deals with years of trying to deal with the problem. He urged
Council to adopt it and, if it doesn't work this year, Council can tweak it
for next year. He pointed out that there are 54 days until July 4th
Mike Madden suggested that the law enforcement presence only consist
of Orange County Sheriffs Deputies and California Highway Patrol
Officers, not Newport Beach Police Officers. He stated that distrust has
built up against the Police Department and their judgment. He indicated
that he served three years as a Deputy Sheriff and ten years on the
military police.. He stated that, about two years ago, he started dealing
with the Police Department, but he is having problems with them and
believed their judgment is poor. He believed that the partygoers and
guests will respect Sheriffs Deputies and CHP Officers more, and think
they will have more authority than the Newport Beach officers. He
stated that the officers are constantly treated poorly and have a lot of
restraint, but believed their judgment is wrong because he was told he
cannot talk on his cell phone behind his house at 7:30 p.m. He stated
that the Police Department never adopted the community based policing
that a lot of law enforcement agencies have adopted. Further, the people
are not represented in the department. Mr. Madden stated that he was
initially adamantly against the fences but now he agrees with the fences
because it reduced the chaos in front of his house. He believed that fines
are not the solution because people do not think about them when they
Volume 56 — Page 145
City of Newport Beach
City Council Minutes
May 13, 2003
INDEX
are committing the crime. He stated that people should have the right to
party and enjoy themselves, and the merchants should not pay the price
for not being able to get their alcohol delivered to sell legally.
In response to Mayor Pro Tem Ridgeway's questions, Mr. Madden
indicated that he does not condone chaos, but does not understand how
the police determines who to cite. He stated that he has witnessed people
at a party bash the police and walk away, the police run the stop sign in
front of his house all night, and the police jump ATCs on the berms at
3:00 a.m. and tell him to get off the beach. Mayor Pro Tem Ridgeway
took issue with Mr. Madden's attack on the Police Department. He
emphasized that the City has a very offensive activity happening in the
area.
Jill Pearce believed that the problem does not particularly lie with the
residents, but with the out of town visitors. She urged Council to delay
adopting the ordinance and reopen the committee so everyone can feel
they had their say and possibly come to a compromise.
Chief McDonell stated that one of the biggest challenges on July 4th is to
maintain a level of order with limited resources to deal with the problem.
He explained that, if they had plenty of resources, they would not have
had to import 30 CHP officers and 19 Sheriffs deputies to help them with
the staffing. Regarding the comments by property owners that they were
going to be penalized for their tenant's actions, he clarified that the
ordinance only requires a best effort by the property owner to remedy the
situation upon notification that they have tenants who are in the process
of disorderly conduct or have done it in the past, and to prevent a
reoccurrence. He stated that this does not suggest that the property
owner will be subject to a fine immediately and without knowledge.
Chief McDonell stated that they do not barge onto someone's personal
property to break up a party and would only be on their property if there
is a violation of law. Regarding Mr. Olsen's scenario, he noted that there
is no law against a pretty girl stopping to talk to him while he is on his
patio. However, he indicated that there is such a thing as unlawful
assembly if it is declared by the police and then they would have to move
along. He stated that no one will be cited for having someone on their
patio when they are uninvited. He noted that, if they are having trouble
with a guest on their patio, they can call the police and they will help
them get the individual off their property. He stated that the officers will
exercise their judgment in terms of an arrest or violation of the law, but
they do that everyday. He indicated that they also have to justify the
discretion in a court of law. Chief McDonell stated that a comment was
made that someone is being treated in a despairing manner because he
lives in the zone, but you can also say that he is receiving more service
than those outside the zone because that is where the deployment is. He
reported that this is not a Citywide problem on July 4th, but only in the
zone. Although there were 162 arrests, he noted that this was only a
fraction of the violations that occurred, emphasizing that they do not
have the physical ability to arrest every violator of the law. He reported
that there are many transportation vans /paddy wagons staged along
Balboa Boulevard because they cannot get to the scene of the arrest due
Volume 56 — Page 146
City of Newport Beach
City Council Minutes
May 13, 2003
INDEX
to the congestion unless they do this. He stated that July 4th has been a
problem for the ten years he has been the Police Chief and believed they
have been able to manage it a little bit better by tweaking their resources
and deployment each year. He indicated that he is most concerned about
the use of fireworks because a fire in that congested area will jump from
one place to another and they will not be able to get to people because of
the crowd, congestion, and chaos that will ensue. He stated that it is a
tinder box in terms of behavior and chaos that occurs every year.
Mayor Bromberg believed that the most constructive thing from tonight is
that, even those that are opposed to the ordinance, are willing to sit down
to find a solution to the problem. He expressed concern that the founder
of FreeNewport.com believes that the solution is not to violate the law on
July 4th, but to go around it and violate the law on July 5th. He agreed
that this is a question of responsibility. He noted that Council can look at
this again next year and, if July 4th is not a problem anymore, the City
will not have the need for this type of ordinance. He encouraged everyone
to look for a solution and stated that Council is happy to meet with
people. He stated that this day has gotten so out of control that the large
majority of the people who live there, regardless if they are renters or
owners, are tired of it and don't want to live like that anymore. He
indicated that, if he was a landlord in this area, he would be concerned,
but this also means he would have a responsibility and be proactive and
affirmative to try to resolve the problem. He reported that Council has
been receiving a lot of correspondence condemning Council because the
ordinance is not stronger. He stated that this is the sense they are
getting from people who live in West Newport and the peninsula.
Council Member Proctor stated that after last year's July 4th, Council was
approached by a number of residents about doing something. He noted
that he was very reluctant about getting involved because he is not a
proponent of a lot of governmental action trying to regulate conduct.
However, the issue started driving itself. He stated that government's
legitimate job is to try to balance the right to have a party against the
obligation to see to it that it does not turn into a riot, people are not
injured, and property is not damaged. He stated that the worry was that
someone was, going to be injured or there was going to be a fire and they
couldn't get rescue vehicles to them. He added that, as they got engaged
in what they were going to do to try to have as minimal governmental
intrusion as possible and preserve the right to have a good time while
protecting the public, they decided on having as much public outreach as
possible. He noted that there has not been one idea that was presented
tonight that the committee didn't hear, discuss, and look at the legalities.
He added that they even did a survey across the nation of what other
cities are doing and how they solve these problems. He stated that they
realized that Newport Beach has unique issues because it is a residential
area. He noted that a majority of the people wanted more action taken
than what was proposed. Council Member Proctor stated that he is
surprised that there was public debate for two hours about the
appropriateness of whether there should be unruly behavior and, if so,
whether the City can impose a fine. He reported that the committee
came up with more than just the ordinance, noting that there will be an
increased police presence through the hiring of outside law enforcement,
Volume 56 — Page 147
City of Newport Beach
City Council Minutes
May 13, 2003
INDEX
and added lighting, barricades, street closures, portable toilets, and
postings. He reported that liquor stores were using their parking lots to
bring in extra liquor and store them in places where they were not legally
permitted.
Council Member Proctor added that there is also the question of
accountability. He stated that, if the unruly and illegal behavior was to
occur, there had to be some accountability. He emphasized that this is
not about the hopes of fining people, but about the hopes of not fining
people by stopping the kind of conduct that results in 162 arrests and
1,300 citations. He stated that it is good that everyone has come forward
to highlight this issue and that it will be on the Channel 2 News so people
from outside the community will be a little more reluctant to come to the
City and involve themselves in illegal and unruly behavior. Further, the
residents can then have a function that is safe. Council Member Proctor
believed that the ordinance is balanced and a lot less restrictive than
what the majority of people wanted. He emphasized that the goal is to
save someone's life.
Mayor Pro Tem Ridgeway stated that he also comes from the criminal
defense side of the legal profession and deplores intrusion by government,
but their charge is the health, safety, and welfare of a community that
has been trampled on for 25 years. He stated that he used to party there,
but never with the idea that he was going to get drunk and unruly. He
added that he maintained his decorum because he had respect for the
property and the City. He noted that, of the 32 people who spoke tonight,
25 were in agreement. He stated that people can have 50 people on their
patio, but you lose your right when people become unruly, dangerous, or
they impair the safety of the neighborhood. He noted that there are rules
about alcohol for obvious reasons. Mayor Pro Tem Ridgeway stated that
he would not bring his 8, 10, and 12 year old children there and asked
who would. He highlighted Ms. Morris' statement and emphasized that
the assembly should be peaceful. He noted that Mr. Filer supported the
ordinance and stated that the City is trying to create a deterrent. He
indicated that he and Council Member Proctor talked after the committee
meetings and were not as happy with the intrusions but it is needed to
send a message to the people in Los Angeles who bring down buses. He
referenced Ms. Pearce who said that it is not fair to the residents since it
is the non - residents who create the problem. He indicated that the City
is asking them to be part of the team and effort that prevents those
people from getting unruly. He added that the City did not change the
rules, except to put more responsibility on the landlords and create
additional fines to hopefully force deterrents and responsibility. He
stated that the same government codes that exist were not changed.
Mayor Pro Tem Ridgeway noted that Peter Smith opposed this at the last
meeting, but tonight he was more neutral. He stated that Mr. Clarkson's
comment about partying on Saturday is irresponsible. He indicated that
everyone who lives in the neighborhood should want to maintain the
decorum of the neighborhood. He noted that Miss Miller was used as an
example, but believed there are many more examples of young people who
live there and want to maintain their safety. He asked, if something
happened to Miss Miller, how many would look in the mirror and say they
were partially responsible. He stated that it is time to mature and noted
Volume 56 — Page 148
City of Newport Beach
City Council Minutes
May 13, 2003
II►117D/:�
that this ordinance does not prohibit people from having or attending
parties, or drinking alcohol in compliance with the law. Regarding Mr.
Withrow's comments, he stated that the theft is a penal code violation,
but as a criminal defense attorney he is appalled with the 90 day
punishment that they received. He noted that this is beyond the
jurisdiction of the City. He asked everyone to take on the responsibility
and invited them to the committee meetings. He indicated that the only
thing that they might be able to add next year is police officers on horses.
Council Member Nichols stated that there were 35 advisements for people
to stop their partying and the average fine was $200. He believed that
$200 is not out of line. Although the fines will go up this year, he stated
that the City is trying to protect the public's rights and that the entire
City is spending money to try to do this. He stated that the number of
arrests for felonies and misdemeanors was .162% which is one in every
thousand that was there. He believed that this was a high rate.
Regarding citations, one out of every hundred people were cited for
something. He believed that this is out of line. He stated that there has
to be more control and the City is picking up a tremendous fee to protect
the residents and property. He indicated that there needs to be better
behavior and believed that the ordinance is justified.
Council Member Webb stated that he used to have a few gatherings when
he lived on the peninsula, but he can never remember the congregation
he witnesses now. He noted that he has walked West Newport about
seven times in the last twelve years and he keeps seeing the crowds grow
and be more unruly. He stated that the concerns regarding the fines are
being blown out of proportion because he feels there is now a core to the
solution. He believed that no one will have to worry about the fines if
there is responsible partying and drinking. He hoped that this group can
pull together and spread the word that, if there is responsible drinking
and partying, there will be no problem and everyone will satisfy their
desire to celebrate July 4th.
Council Member Heffernan stated that, when he saw the video last year,
he asked Council how this affects the City, what the City's role is, and
what civic purpose is being served by spending $100,000 and arresting
busloads of people. He emphasized that the purpose of the City is to
safeguard the residents and the property values, not to constrain their
freedoms. He noted that Stanford banned alcohol from its freshman
dorms last week and umpires are being attacked on baseball fields. He
stated that, if you put 100,000 people in a small area who don't care about
Newport Beach, the City has everything to lose. He indicated that he
lives in District 7 and they do not have these problems. He stated that
Council Member Proctor and Mayor Pro Tem Ridgeway happen to be
lawyers and headed the committee to try to constrain this. He stated
that, if the City constrains freedoms, it gets sued and more money will
need to spent on lawsuits. He added that the City cannot allow police
brutality either and asked if the people expect 200 officers to control
100,000 people, stating that he does not like those odds. He realized that
this will not please everyone and may not be the way to resolve it, but
there are not very many avenues. He believed the ordinance is a best
effort attempt. He stated that, when you put 100,000 people in a
Volume 56 - Page 149
City of Newport Beach
City Council Minutes
May 13, 2003
concentrated environment with a lot of alcohol, the public is at risk. He
indicated that Council is not trying to take it out on the residents, but is
only trying to protect and do the right thing. He noted that, if the City
did not try to protect the public, the Chambers would be filled with people
asking Council why they didn't do anything to protect them. He believed
that adopting the ordinance is the right thing to do.
Motion by Mayor Pro Tern Ridgeway to adopt Ordinance No. 2003 -5.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
Mayor Bromberg recessed the meeting at 10:45 p.m. and reconvened at
10:50 p.m. with all members of Council in attendance.
P. CURRENT BUSINESS
22. CODE AMENDMENT CA 2003 -004 — ABO AMENDMENT (PA 2003-
090) - AMENDS THE ALCOHOLIC BEVERAGE OUTLET (ABO)
ORDINANCE (CHAPTER 20.89) TO PROHIBIT OFF -SALE
ALCOHOLIC BEVERAGE OUTLETS FROM SELLING OR
STORING ALCOHOLIC BEVERAGES OUTSIDE OF THE
EXTERIOR WALLS OF THE ESTABLISHMENT.
Senior Planner Alford reported that the proposal amends the Alcoholic
Beverage Outlet (ABO) ordinance and is intended to prohibit outlets from
using large trucks and temporary storage areas from temporarily
increasing the floor area devoted to alcohol sales. He requested direction
on whether Council wants the ordinance to apply to all establishments in
the City all the time or only have the ordinance apply to establishments
within the designed Safety Enhancement Zone during the specified time
period.
Mayor Pro Tem Ridgeway believed that there should be equal protection
and it should apply Citywide, noting that this is only for a 26 hour period
during July 4th. Council Member Adams stated that there should be a
provision to cover special event permits if this is to be imposed all the
time. City Attorney Burnham stated that he is not sure if the ordinance
has the language to allow Council to exempt special event permit ABOs.
He indicated that it is staffs feeling that it is appropriate at this time to
select the alternative to apply the regulations only to ABOs within the
Safety Enhancement Zone and during the period the designation is
effective. He stated that this is when the problem that the Police
Department has identified occurs. Mayor Bromberg expressed concern
about equal protection and believed that now this would allow people to
leave the zone to buy alcohol. Council Member Proctor clarified that this
is aimed at storage outside the location. Council Member Nichols noted
that large trucks are brought down, parked on the site, and used. He
Volume 56 — Page 150
INDEX
Ord 2003 -10
PA2003 -090/
Alcoholic Beverage
Outlet (ABO)
Amendment
(68)
City of Newport Beach
City Council Minutes
May 13, 2003
stated that sales should take place from the outlet.
Mr. Burnham believed that the solution is to make the provisions
effective only during the periods of time a Safety Enhancement Zone has
been designated in an area of the City. He stated that the regulations
would apply Citywide but only for a limited period when there has been a
problem. He added that this will address the Mayor's concern about
migrating outside the Safety Enhancement Zone to store alcohol. Mayor
Bromberg stated that this also takes care of equal protection issues and
days beyond July 4th.
Motion by Mavor Pro Tern Ridgeway to introduce Ordinance
No. 2003 -10, as amended to make the provisions effective Citywide but
only during the period of time that a Safety Enhancement Zone has been
designated in an area in the City, and schedule the public hearing and
second reading for May 27, 2003.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
23. REFILLING OF VACANCY ON THE GENERAL PLAN ADVISORY
COMMITTEE (GPAC).
Council Member Proctor reported that former GPAC member, Alan
Silcock, has taken ill and wished him the best and a speedy recovery.
Motion by Council Member Proctor to approve GPUC's
recommendation to appoint Marie Marston to fill the District 2, at -large
vacancy on GPAC.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
Mayor Bromberg advised people not to give up if they have applied and
are on the list. Assistant City Manager Wood announced that they
received two more resignations today.
Q. MOTION FOR RECONSIDERATION — None.
R. ADJOURNMENT — 11:10 p.m. in memory of former Council Member and
Mayor Phil Sansone.
Volume 56 — Page 151
INDEX
GPAC
(24)
City of Newport Beach
City Council Minutes
May 13, 2003
The agenda for the Regular Meeting was posted on May 7, 2003, at
2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport
Beach Administration Building.
City Clerk
Recording Secretary
Mayor
Volume 56 - Page 152
INDEX
CITY OF NEWPORT BEACH
City Council Minutes
Special Meeting
May 21, 2003 - 8:00 a.m.
Present: Heffernan, Ridgeway, Adams, Nichols, Mayor Bromberg
Absent: Webb, Proctor (excused)
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING
LITIGATION (54956.9(b)(3)(E)).
CLOSED SESSION REPORT
The City Council met in closed session to discuss a draft Memorandum of
Understanding relative to the proposed senior housing project on Lower Bayview
Landing (Senior Housing Project) and the view park project on Upper Bayview
Landing (View Park). The MOU would have obligated the City to approve certain
changes to the View Park concept plans and the Senior Housing site plans that have
been submitted to the California Coastal Commission in exchange for commitments
by Stop Polluting Our Newport (SPON) and Environmental Resources Foundation
(ERF) not to initiate any litigation or administrative challenge to these two projects
and support the projects when they come before the Coastal Commission. The City
Council unanimously rejected the MOU with Council Members Webb and Proctor
absent.
PUBLIC COMMENTS —None
ADJOURNMENT — 8:45 a.m.
The agenda for the Special Meeting was posted on May 19, 2003 at
5:15 p.m on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
Recording Secretary
City Clerk
Mayor
Volume 56 - Page 153
INDEX