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HomeMy WebLinkAbout10-26-2004 - Special MeetingCITY OF NEWPORT BEACH City Council Minutes Special Meeting October 26, 2004 - 4:00 p.m. STUDY SESSION - INDEX CLOSED SESSION - 3.45 p.m. A. RECESSED AND RECONVENED AT 4:00 P.M. FOR SPECIAL MEETING B. ROLL CALL Present: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Absent: None C. CLOSED SESSION REPORT - None. D. PLEDGE OF ALLEGIANCE - Council Member Rosansky E. INVOCATION - Dr. John A. Huffman, Jr., Saint Andrews Presbyterian Church F. PRESENTATIONS - Leon Law stated that the Orange County Marathon will be held on Sunday, December 5. He reported that their goals are to donate $1 million to children's charities, create a world class event, and help fuel the Orange County economy. He requested that people support the event and stated that more information can be found on www.ocmarathon.com. 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 ITEMI: Council Member Daigle thanked Mayor Pro Tem Bromberg for his leadership in the City's sponsorship of the United States Marine Corp First Battalion, First Marines. She stated that she is looking forward to tonight's event. Council Member Daigle reported that she attended a luncheon for the National Women's Business Association in Orange County where over 800 women attended. She stated that a study conducted by the Women's Research Center, underwritten by Wells Fargo, indicated that, of the 119,000 privately -held businesses in Orange County, 48% are owned by women, they employ 226,000 people, and generate $39 billion in sales. She reported that Valinda Martin, owner of Art for the Soul, was recognized at the luncheon. She stated that she was a guest of Susan Volume 56 - Page 1292 City of Newport Beach City Council Minutes October 26, 2004 Johnson who owns Susan's Healthy Gourmet. Mayor Pro Tem Bromberg reported that Mess Night is tonight and the event is sold out. He noted that they are trying to raise money for the families once the Marines deploy and reported that there will be $10,000 in the account. He added that people can donate to the fund even if they aren't attending tonight's event by sending a check payable to the City of Newport Beach and writing "1 /1" in the memo section of the check. Mayor Ridgeway requested a future study session to look at establishing a condominium conversion ordinance. Council Member Rosansky requested an update relative to parking requirements for medical office spaces. I. CONSENT CALENDAR READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. Removed at the request of an audience member. 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. ORDINANCE FOR ADOPTION 3. ST. MARK PRESBYTERIAN CHURCH (PA2003 -085) — GENERAL PLAN AMENDMENT NO. 2003 -002, PLANNED COMMUNITY TEXT AMENDMENT NO. 2003 -001, USE PERMIT NO. 2003 -015, TRAFFIC STUDY NO. 2004 -004, PARCEL MAP NO. 2004 -036 — 2200 SAN JOAQUIN HILLS ROAD. Adopt Ordinance No. 2004 -23 amending the Big Canyon Planned Community District Regulations. CONTRACTS AND AGREEMENTS 4. MARINERS, CHINA COVE AND 62ND STREET WASTEWATER PUMP STATION REHABILITATION, INCLUDING FERNLEAF AVENUE STREET IMPROVEMENTS — AWARD OF CONTRACT (C -3585) (contd. from 10/12/04). 1) Determine that the project is exempt from environmental review pursuant to Section 15302 of the California Environmental Quality Act Implementing Guidelines; 2) approve the plans and specifications; 3) award C -3585 to GCI Construction for the total bid price of $1,582,170 and authorize the Mayor and the City Clerk to execute the contract; 4) approve Amendment No. 2 to Professional Services Agreement with PBS&J for Final Design and Construction Support Services for $27,800; and 5) approve a budget amendment (05BA -018) transferring $350,000 from the Sewer Main Master Plan Improvements Account No. 7531- C5600292, $23,000 from the Sewer Access Road Maintenance Account No. 5600 -8186 and $188,000 from the unappropriated Wastewater Enterprise Future Infrastructure Reserve to the Sewer Pump Station Master Plan Improvements Account No. 7532- C5600100. Volume 56 - Page 1293 INDEX (100 -2004) C -3585 Wastewater Pump Station Rehabilitation (38/100 -2004) City of Newport Beach City Council Minutes October 26, 2004 INDEX 5. NEWPORT SHORES STREET END IMPROVEMENTS — PHASE I — C -3669 COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3669). 1) Newport Shores Accept the work; 2) authorize the City Clerk to file a Notice of Street End Completion; 3) authorize the City Clerk to release the Labor and Improvements Materials bond 35 days after the Notice of Completion has been recorded (35/100 -2004) in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 6. ORANGE COUNTY SANITATION DISTRICT COOPERATIVE C -3737 AGREEMENT FOR LANDSCAPE MAINTENANCE AT THE "A" Landscape STREET PUMP STATION. Approve the "A" Street Pump Station ;Maintenance Landscaping, Parking, and Easement Agreement with the Orange (38/100 -2004) County Sanitation District (OCSD), in a form approved by the City Attorney. 7. IRVINE AVENUE FROM UNIVERSITY AVENUE TO BRISTOL C -3411 STREET WATER AND SEWER MAIN REPLACEMENT — AWARD Irvine Avenue OF CONTRACT (C- 3411). 1) Determine that the project is exempt from Water and Sewer environmental review pursuant to Section 15302 of the California Main Replacement Environmental Quality Act Implementing Guidelines; 2) approve the (38/100 -2004) plans and specifications; 3) award the contract (C- 3411) to WA. Rasic Construction for the total bid price of $2,457,067 and authorize the Mayor and the City Clerk to execute the contract; 4) establish an amount of 5246,000 to cover the cost of unforeseen work; and 5) approve a budget amendment (05BA -023) increasing revenue estimates in the Water Fund by $464,227.50 for the Costa Mesa Sanitation District (CMSD), 500 -4886, and S454,767.50 for the Irvine Ranch Water District (IRWD), 500 -4887, and increasing expenditure appropriations in the same amount in Account No. 7501- C5500386. MISCELLANEOUS ACTIONS 8. RELEASE OF SURETY FOR IMPROVEMENTS CONSTRUCTED C -3574 FOR TRACT NO. 16292 (CANNERY LOFTS) — USE PERMIT NO. Cannery Lofts 2001 -022. 1) Accept the improvements constructed under Use Permit (38/100 -2004) No. 2001 -022; and 2) authorize the City Clerk to release the S600,000 faithful performance bond retained by the City as a guarantee for completing the public improvements along the Villa Way, LaFayette Avenue and 30th Street frontages and the Rhine Channel. 9. ACCEPTANCE OF U.S. DEPARTMENT OF JUSTICE COPS 2004 C -3692 TECHNOLOGY GRANT. 1) Accept for administrative purposes, the COPS 2004 U.S. Department of Justice, Office of Community Oriented Policing Technology Grant Services (COPS) 2004 Technology Grant Award in the total amount of (38/100 -2004) $296,843 for the Orange County Integrated Law and Justice Project; and 2) authorize the Administrative Services Director to establish revenue and expenditure accounts in the Capital Improvement Budget to facilitate the administration of these grants on behalf of the all municipal police departments and the Sheriffs Department in Orange County (05BA -022). 10. BUDGET AMENDMENT TO ACCEPT A CHECK FROM (100 -2004) CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS TO Volume 56 - Page 1294 City of Newport Beach City Council Minutes October 26, 2004 MAINTENANCE AND OPERATIONS. Approve a budget amendment (05BA -020) to increase revenue estimates by $7,095 in Account 4010- 4835, Library Services & Technology Act, and increase maintenance and operation expenditure estimates by the same amount in Division 4010, Library Administration. 11. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC). Confirm Council Member Daigle's appointment of Michael Browning as the District 4 representative to EQAC. 12. CODE AMENDMENT NO. 2003 -003 — AMENDMENT TO MODIFICATION PERMIT PROCEDURES (PA2003 -080). Continue to November 9, 2004 to allow time for proper public notice. Motion by Mayor Pro Tern Brombere to approve the Consent Calendar, except for the item removed (1). The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None J. PUBLIC HEARING 13. REVIEW OF THE FY 2003 -2004 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Community and Economic Development Program Administrator Trimble reported that tonight's public hearing is to hear comments on the annual performance report. He noted that the staff report lists their expenditures for fiscal year 2003.2004. Mayor Ridgeway opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Mayor Pro Tern Brombere to approve the Draft Consolidated Annual Performance and Evaluation Report. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None Volume 56 - Page 1295 110113 (100 -2004) (100 -2004) (100 -2004) City of Newport Beach City Council Minutes October 26, 2004 K. PUBLIC COMMENTS Jim Hildreth indicated that people can write his name underneath Steve Bromberg's name on the ballot as a write -in candidate and stated that he agrees with "No on L". He discussed an election flyer and believed that Council Member Rosansky has a sign posted illegally on Balboa Island. He believed that Mayor Pro Tem Bromberg violated the Brown Act by voting on the bridge for Little Balboa Island. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Environmental Quality Affairs Committee (EQAC) - Council Member Nichols reported that Assistant City Manager Wood, EQAC Chairman Hawkins, and Phil Bettencourt did a good job explaining what EQAC does. Mariners Joint Use Library Ad Hoc Steering Committee - Council Member Webb reported that they will be meeting tomorrow at 4 p.m. in the Mariners Elementary School multipurpose room to discuss the bid results. Coastal/Bay Water Quality Committee - Council Member Rosansky reported that they will be considering permeable concrete as a way to prevent runoff into the bay, ocean, and harbor. Mayor Ridgeway added that this will be a cost item to the City and private developments. He indicated that this has been looked at before and is something that perhaps the time has come. Newport Coast Advisory Committee (NCAC) - Assistant City Manager Kiff indicated that their next meeting will be December 6. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR OCTOBER 21, 2004. Senior Planner Campbell indicated that Item 4 (Sweeney residence) was continued. He stated that Item 5 (Zotavich Fence) was an appeal of a Modifications Committee decision and reported that the Planning Commission overturned the Modification Committee's decision and allowed the fence to be located at the property line. Regarding Item 6 (St. Andrews Presbyterian Church Expansion), Mr. Campbell reported that the item was continued to November 18. He stated that the hearing mostly focused on the environmental impact report, particularly parking concerns. Mr. Campbell confirmed for Council Member Heffernan that the church has defined how big the expansion is going to be, what the components are, and what the site plan is. He added that the project has been downsized from the original 36,000 square foot project to 21,700 square feet. N. CONTINUED BUSINESS 15. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION Motion by Mayor Rideewav to confirm the nomination of Robert Hawkins and Roberta Jorgensen as presented by the Ad Hoc Volume 56 - Page 1296 INDEX (100 -2004) (100 -2004) City of Newport Beach City Council Minutes October 26, 2004 Appointments Committee to fill the unscheduled vacancy as a result of the appointment of Leslie Daigle to the City Council. Council Member Heffernan requested that Michael Henn also be nominated. Mayor Pro Tem Bromberg reported that the Ad Hoc Appointments Committee interviewed four people; however, he noted that they recently conducted interviews when Council Member Daigle was appointed to the Planning Commission so they did not feel they needed to interview a large number of applicants as they did before. He confirmed that Mr. Henn was interviewed. He noted that they are required to nominate at least two people for the vacancy, but indicated that he does not mind adding Mr. Henn. Mayor Ridgeway amended the motion to add Michael Henn to the list of nominees. In response to Council Member Nichols' questions, Mayor Ridgeway reported that Council will receive the three applications with the next agenda packet. Council Member Nichols suggested interviewing the nominees during a Council meeting. Council Member Rosansky noted that Council Member Nichols can contact the nominees or they can contact him prior to the meeting. City Manager Bludau stated that staff can provide Council with the three applications in tomorrow's mail and Council Member Nichols can receive them tonight prior to leaving on vacation. The amended motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None O. CURRENT BUSINESS 16. BRIDGE SEISMIC RETROFIT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DOKKEN ENGINEERING. Mayor Pro Tem Bromberg noted that the Little Island Bridge has been excluded from this item because staff is still investigating what is involved with retrofitting or redoing the entire bridge. Public Works Director Badum reported that the footbridge does not meet current seismic standards, noting that the column supports need reinforcement and the deck needs a restraining system. He believed that they can reinforce the bridge without taking too much of the existing character away. Mr. Badum reported that 80% of the funding will come from federal funds. Jim Hildreth took issue with page 5, Task 9.0 and that the agreement did not go out to bid. Volume 56 - Page 1297 INDEX C -3738 Bridge Seismic Retrofit (38/100 -2004) City of Newport Beach City Council Minutes October 26, 2004 Mr. Badum clarified that a qualifications-based selection was conducted in 1990 when the City chose Dokken Engineering. He explained that, when professional engineers and consultants are hired, the City is required to use the quality -based selection process, not the low -bid process. Motion by Council Member Webb to approve a Professional Services Agreement in the amount of $278,848 with Dokken Engineering for bridge seismic retrofit design and construction support, and authorize the Mayor and the City Clerk to execute the agreement; and 2) approve a budget amendment (05BA -021) appropriating $14,500 from the Gas Tax Fund Balance, 180 -3605, to account 7181- C5100695, increasing revenue estimates in Contributions Federal Highway Funds, 250 -4880, by $240,000 and appropriating $176,147 to account 7251- C5100695. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 17. PROPOSED ORDINANCE REVISIONS: INCREASED TIME LIMITS ON ALL PUBLIC PIERS IN NEWPORT HARBOR. Harbor Resources Supervisor Miller utilized a PowerPoint presentation and reported that the issue is whether the City should amend Title 17 to increase the time limits on ten public piers in order to allow the boating public more time to use land based facilities. He stated that the current regulation only allows 20- minute tie -ups on all sides of the piers which restricts users from spending time at land based facilities. He added that some mooring permittees need extended time to go ashore for work or personal reasons. Mr. Miller indicated that this has been under review for years by the Harbor Committee, the Harbor Commission, and the Newport Mooring Association (NMA), reporting that the Harbor Commission generated a staff report that incorporated increased public pier times for specific piers and for the dinghy storage concept. He noted that Council reviewed the report and provided input during a December 2003 study session. He reported that the Harbor Commission reevaluated their ideas and then unanimously approved the current proposal in October 2004. Mr. Miller indicated that the proposal is to allow 20- minutes on the bayward side, 2 -hours on the sides of the pier, and 12 -hours for the upland side of the public pier. He reported that the exceptions are at the Washington and Fernando Street pump out docks in which the side of the pump out dock will be 20- minutes, and on the west side of Opal Avenue in which there will be no docking for any amount of time to allow the adjacent private dock ingress and egress. Mr. Miller reported that there have been regular subcommittee meetings with Harbor Resources, the Harbor Commission, NMA members, and Harbor Patrol; several articles about this in the Daily Pilot, the Log, and the Current; about 210 outreach letters to solicit community feedback; Volume 56 - Page 1298 INDEX (100 -2004) City of Newport Beach City Council Minutes October 26, 2004 INDEX and public comments at Harbor Commission meetings. Further, the public has been invited to open forum subcommittee meetings and all the public piers have been posted prior to the Harbor Commission and Council meetings. He stated that Harbor Resources has been instrumental in developing this plan with the Harbor Commission and the subcommittee, and are committed to enforcing the time restrictions. He indicated that there is no environmental review, the Department of Fish and Game does not have any issues with this proposal, and this action was noticed according to the Brown Act. Mr. Miller indicated that Council can decide to not adopt this proposal, amend the proposal and then adopt it, or amend the proposal and send it back to the subcommittee for additional review. Jim Hildreth stated that the public's response has not been discussed. He believed that the twenty 12 -hour parking locations are not enough for people who are on liveaboards. He questioned enforcement. Carter Ford, Vice President of the Newport Mooring Association, stated that the association has been involved with this issue for a long time. He indicated that their consensus is that they are in support of the proposal and that this is a reasonable balancing act of the various needs. Seymour Beek, Chairman of the Harbor Commission, stated that discussions about public pier time limits was brought up years ago with the Harbor Committee, particularly that Newport Bay was not visitor - friendly. He indicated that there is no perfect solution for what the time limits should be, but he believed they came up with a good proposal. Mark Sites believed that enforcement is the key to this proposal and there needs to be a continuing commitment from staff and the Harbor Patrol. Lt. Erin Giudice, Assistant Harbor Master for Orange County, stated that everyone has put their heads together to come up with a proposal that is going to serve everyone's best interest. She indicated that the 12 -hour time limit works well with the deputies' shifts. She believed that enforcement is easy with the use of zip ties or grease lines. She clarified that a grease line is a pencil that marks the line and expressed concern that the zip ties will be tossed into the bay. Council Member Heffernan stated that Avalon has a three day dinghy limit and they apply a thin seal around the cleat. Lt. Giudice indicated that she will contact Avalon's harbor master to find out what is working for them. Motion by Council Member Webb to introduce Ordinance No. 2004 -24 amending Section 17.28.010 of the NBMC to increase the time limits on all public piers in Newport Harbor and pass to second reading on November 9, 2004. The motion carried by the following roll call vote: Volume 56 - Page 1299 i City of Newport Beach City Council Minutes October 26, 2004 Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None P. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF OCTOBER 12, 2004. Jim Hildreth referenced Item 17 (volume 56, pages 1283 and 1284) and stated that it should be noted that the item was not opened to the public. 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, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None Q. MOTION FOR RECONSIDERATION - None. R. ADJOURNMENT - at 5:05 p.m. Mayor Ridgeway noted that the election is nest week and Measure L is on the ballot. He asked everyone to read the material and believed that not voting is appropriate if people don't know what Measure L is. He stated that this is the time for citizens of the community to be responsible, study the Measure, and vote their conscience. x�xx�te+er +x : ::xtxt The agenda for the Regular Meeting was posted on October 20, 2004, at 12:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. _ City Clerk V _ �JP( Recording Secretary • L Mayor a?S p Volume 56 - Page 1300 INDEX City of Newport Beach City Council Minutes October 26, 2004 INDEX THIS PAGE LEFT BLANK INTENTIONALLY Volume 56 - Page 1301