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HomeMy WebLinkAbout01 - Minutes 7-11-00July 25, 2000 Agenda Item No. CITY OF NEWPORT BEACH City Council Minutes ®���� Regular Meeting July 11, 2000 - 7:00 p.m, INDEX —CANCELLED CLOSED SESSION — 6:00 p.m. CLOSED SESSION REPORT PRESENTED — None. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Glover, Debay, Ridgeway, O'Neil, Mayor Noyes Absent: Thomson, Adams (excused) Pledge of Allegiance — Council Member Ridgeway. Invocation by Reverend Monsignor Daniel Murray, Our Lady of Mt. Carmel Catholic Church. Proclamation declaring July as Parks and Recreation Month. Parks, Beaches and Recreation Commission Chairman Skoro read the proclamation and stated that the City is very fortunate for the recreational facilities it has (47 parks with at least two coming in the future; 19 athletic fields; 9 community centers; an ecological reserve; and miles of beaches). He indicated that kudos should be given to staff, headed by Senior Recreation Manager McGuire, and noted that 85 percent of the money budgeted for recreational activities is recovered by the City. Mayor Noyes noted that Parks, Beaches and Recreation Commissioner Beek is also in attendance and thanked them both for their hard work. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM): • Council Member Glover thanked staff for attending the Mariner's Mile Community meeting on Sunday. • At Mayor Noyes' request, City Clerk Harkless announced that the General Municipal Election will be held on Tuesday, November 7 and that there will be openings on the City Council for Districts 2, 5, and 7. She reported that the nomination period opens on Monday, July 17 at 8:00 a.m. and closes on Friday, August 11 at 5:00 p.m., and that her telephone number is 644 -3005. Volume 53 - Page 482 City of Newport Beach City Council Minutes July 11, 2000 READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING OF JUNE 27, 2000. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND full of all ordinances and resolutions Clerk to read by title only. RESOLUTIONS FOR ADOPTION RESOLUTIONS. Waive reading in under consideration, and direct City 3. KEY & MANAGEMENT EMPLOYEES' COMPENSATION. Adopt Resolution No. 2000 -63 adjusting salaries for Key & Management employees for fiscal year 2000 -2001 and amending the City's classification and compensation plan to reflect said changes. 4. PROPOSED HARBOR COMMISSION. 1) Defer action on the formation of the Harbor Commission until consideration and adoption of the Harbor Element is complete; and 2) adopt Resolution No. 2000 -64 extending the tenure of the Ad Hoc Harbor Committee. 5. ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH CALPERS. Adopt Urgency Ordinance No. 2000 -13 authorizing an amendment to the contract between the City of Newport Beach and the Board of Administration of the California Public Employees' Retirement System. CONTRACTS AND AGREEMENTS 6. FIRST AMENDMENT TO AGREEMENT REGARDING FUNDING OF CERTAIN IMPROVEMENTS TO THE CONFLUENCE OF STATE ROUTE 73 AND INTERSTATE 405 (C -97 -472). Authorize the City Manager to execute the First Amendment to the State Route 73/Interstate 405 (SR73/I -405) Funding Agreement. PROFESSIONAL SERVICES AGREEMENT FOR THE REHABILITATION OF THE NEWPORT AND BALBOA OCEAN PIERS. Authorize the Mayor and the City Clerk to execute a Professional Services Agreement with Noble Consultants, Inc. in the amount of $214,216 to inspect and prepare plans, specifications and estimates for rehabilitating the Newport and Balboa ocean piers. MISCELLANEOUS ACTIONS 8. PLANNING COMMISSION AGENDA FOR JULY 6, 2000. Receive and file. Volume 53 - Page 483 fiN'7N:7 Res 2000 -63 Key & Management Employees (66) Res 2000 -64 Harbor Commission (24) Ord 2000 -13 C -563 Public Employees Retirement System (PERS) (38/66) C -3167 SR73/I -405 Funding Agreement (38) C -3359 Rehabilitation of the Newport & Balboa Ocean Piers (38) Planning (68) City of Newport Beach City Council Minutes July 11, 2000 9. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC). Confirm Council Member Thomson's appointment of Ernie Bain as a District 7 representative to EQAC. 10. FY 2000/01 CULTURAL ARTS GRANTS. Approve the recipients for FY 2000 /01 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Policy I -12 - Reserve Fund for Culture and Arts. 11. CORONA DEL MAR PLAZA - SITE PLAN REVIEW NO. 74. 1) Approve the improvement plans and specifications and accept the public street, utility, and storm drain improvements constructed in conjunction with Site Plan Review 74; 2) authorize the City Clerk to release the faithful performance bonds (Bond Nos. 19 -60 -50 and 18- 44 -89); and 3) authorize the City Clerk to release the labor and material bonds (Bond Nos. 19 -60 -50 and 18- 44 -89) in six months provided no claims have been filed. 12. RESUBDIVISION NO. 980 - THE SHERATON HOTEL SITE. Authorize the City Clerk to release the faithful performance bond and labor and material bond (Bond No. B2442049). 13. RE- STRIPING MARGUERITE AVENUE IN THE VICINITY OF SANDCASTLE DRIVE. City Manager Bludau announced that a citizen requested that this item be continued until Council Member Thomson could be present at the meeting. 14. ACCEPTANCE OF A $2,000 GRANT FROM THE BOAND FAMILY FOUNDATION. Approve a budget amendment (BA -001), transferring funds donated by the Boand Family Foundation to the Fire Department for the Junior Lifeguard Program. Motion by Council Member Debav to approve the Consent Calendar and noting the item that was continued (13). The motion carried by the following roll call vote: Ayes: Glover, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Thomson, Adams City Manager Bludau noted that staff is requesting that Item No. 16 (Analysis of Protection from Traffic and Growth Initiative) be continued. ITEMS REMOVED FROM THE CONSENT CALENDAR - None. PUBLIC COMMENTS Garry Brown, Orange County Coastkeeper, 441 Old Newport Boulevard, stated that his organization deals with water quality issues. He indicated that the Dunes asked them to review their project and asked for their support. He reported that their engineers and consultants reviewed the Volume 53 - Page 484 INDEX EQAC Appointment (24) Cultural Arts Grant Recipients (62) C -3219 Corona del Mar Plaza Site Plan Review 74 GPA 95 -2(c) (38/45) Resub 980 Sheraton Hotel Site (84) Marguerite Ave. Restriping (74) BA -001 Junior Lifeguard Program (40/51) City of Newport Beach City Council Minutes July 11, 2000 Environmental Impact Reports and made recommendations which dealt with higher levels of filtration on storm water runoff. He added that the Dunes was receptive to their recommendations. Mr. Brown indicated that they are currently conducting a three day test at Aliso Creek and that the equipment being used is the type of equipment they are suggesting for the Dunes project. PUBLIC HEARINGS 15. UNDERGROUNDING UTILITIES IN PROPOSED ASSESSMENT DISTRICT NO. 78 (LITTLE BALBOA ISLAND). City Clerk Harkless announced that this is the time and place for the public hearing on protests or objections to the resolution of intention, assessment engineer's report, and all matters related to Assessment District No. 78. She indicated that this is also the time when all written protests and ballots must be received prior to the close of the public hearing. She reported that the public hearing has been noticed and given in the manner required by law. Further, a certificate of compliance is on file that certifies to the mailing of notice and ballot materials to property owners in the district and the filing of the proposed boundary map in the County Recorder's Office. She noted that she will begin counting the ballots at the close of the public hearing. Mayor Noyes asked if anyone had a ballot to turn in. Transportation and Development Services Manager Edmonston stated that it has been a long time since Council has dealt with an assessment district. He reported that the assessment engineer will first provide a description of the district and the process that was used, then the public hearing will be opened. Noting that the Mayor already called for additional ballots, he indicated that the City Clerk can tally the ballots. He stated that, depending on the results of the vote, Council can either deny the district or adopt the two resolutions which would enact the assessment district. John Friedrich, Friedrich & Associates, Assessment Engineer, reported that Assessment District No. 78 consists of 231 legal parcels, but only 229 are being assessed for the undergrounding of electric, telephone, and cable television facilities. He reported that the formula calculates to an equal assessment per parcel and that, under Proposition 218, they are required to separate specific benefits from general benefits. He stated that every parcel will receive the same benefit of undergrounded facilities that will terminate at their property line and that it is the property owners' responsibility to continue the undergrounding from the property line to their homes. Mr. Friedrich reported that they prepared the engineer's report and the maps. Noting that the assessment per parcel is $9,234.23, he clarified that, if a property owner pays the assessment early and in cash, they do not have to pay the finance charge which is about 7%. This would make the new assessment about $8,587. Mayor Noyes opened the public hearing. William DeWitt, 123 Abalone Street, expressed concern that excessive work in the alley behind his family's house would damage the foundation and Volume 53 - Page 485 INDEX Res 2000 -65 Res 2000 -66 Assessment District 781 Little Balboa Island (89) City of Newport Beach City Council Minutes July 11, 2000 IQ"I requested that satisfactory insurance be purchased for any repairs that may result from the undergrounding. He noted that the island is above the high water mark and that transformer vaults or relay circuits may sometimes be below water. He asked how long they would be without power during repairs after the transformer blows up. He also pointed out that the power poles on the island are approaching the end of their 40 year life span and believed that the power company may be abandoning their financial responsibility for a solution that costs too much to the residents. He added that, if undergrounding were not done, the island would still need new poles which would be the power company's responsibility. Mr. DeWitt believed that the assessment is underestimated and that the cost could go up over time. He asked if they would be assessed another tax if that happens. He pointed out that all their utilities in the house have depreciated and feels that they should not be held responsible for the taxes and any new fixtures that may increase their property tax. Mr. DeWitt stated that there are several arguments for why undergrounding is necessary and that one of them is because of the eyesore of all the power poles and lines in the alleys. He indicated that it was his understanding that he will be asked to give a 4 square foot easement to allow for a light pole at the edge of his property. He expressed the opinion that the easement is too big and noted that there is currently a light hanging off of the power pole behind his house. He reported that they have been receiving a lot of propaganda from groups wanting the undergrounding to take place, but indicated that no names or return addresses were included on the mailings, which may violate election laws. He stated that, without proper identification, residents cannot tell if the mailings are from local people or from companies and contractors who stand to benefit from the tax money. Mr. DeWitt requested that Council continue to prohibit the construction of new buildings above 32 feet and asked if removing the ground utilities would allow for higher structures. He added that it was his understanding that one of the previous reasons for the height limitation was the utility pole. In response to Mr. DeWitt's comments, Mr. Edmonston stated that the undergrounding project will be done by Southern California Edison, not the City. Development Engineer Hoffstadt reported that the Edison contractor is required to have insurance and use standard construction practices, and stated that there should not be any problems with settlements. Regarding increasing the assessment amount, he clarified that the amount is the maximum that can be assessed against any property. He stated that the amount can be lower and indicated that, if it is lower, the money will be refunded back to the property owners. Regarding the dedication of property for street lights, he noted that the City does not maintain the street lights in the alleys. Edison requested easements in the ten foot wide alleys but will not construct them if the easements are not granted. He clarified that Edison will not need easements in the wider alleys and that a 4 square foot easement is only a 2 x 2 foot area for the footing. Regarding Mr. DeWitt's comment that poles only last 40 years, Council Member Glover stated that she had a transformer pole removed from her property that was installed in 1912 and that Edison told her that the pole could have easily functioned for many more years. Mr. Hoffstadt stated that Volume 53 - Page 486 City of Newport Beach City Council Minutes July 11, 2000 INDEX Edison has a maintenance program in which they conduct underground inspections every five years and overhead inspections every ten to twelve years. He added that assessment districts are initiated by the property owners, not Edison. Council Member Ridgeway believed that the transformer vaults are designed to have water inside of them on a daily basis. Mr. Hoffstadt stated that he is not sure if they can have water inside of them on a daily basis, but they are made to withstand saltwater. Council Member Ridgeway reported that he is in an area that voted to underground its facilities and the vault is next to his house. He stated that, if it blew at 1:00 a.m., they were out to conduct repairs at 2:00 a.m. and were done by 4:00 a.m. Thomas Gardella stated that he owns a property on Grand Canal. Noting that he works for a phone company, he reaffirmed that poles can last longer than 40 years. However, he indicated that he cannot see the benefits of placing cable underground, believing it is actually a detriment since the phone and cable television services can be degraded since they do not last underwater. He reported that Edison's lines are fixed and metered, unlike phone and cable services, and that phone and cable lines may become slower due to the chances of crosses and grounds in the lines. He added that, during rains, the poles will also fill with water and enter the terminals. Jim Hildreth, 120 Grand Canal, believed that Council is being asked by investment homeowners and real estate brokers to allow utility upgrades for Little Balboa Island. He reported that it was brought to the City Manager's attention that some of the names and addresses on the ballots were incorrect and do not match the assessor's office, and believed that the validity of this voting process and the use of Metro Scan should be questioned. Mr. Hildreth reported that a three story house in Upper West Newport caught on fire some time ago because it was built too close to electrical lines and indicated that the City has long supported Balboa Island's livable -space zone rating of 1.5 and 28 foot roof height limit because of fire safety and resident desires. He stated that, at the last Little Balboa Island Association meeting on June 17, he mentioned that the upgrades in the sewage system, the planned upgrade in the utilities, and the removal of utility poles would promote the development of three story /four level structures on the island. He noted that some newly constructed homes on the island are already 32 to 36 feet high and that a three story dwelling has been recently built at 1508 Park Avenue. He stated that one of his neighbors was granted an easement for a light pole and was informed by Edison on July 3 that construction would likely undermine the foundation of her home and that she would need to fortify her home at her expense. He stated that this would cost more than the $9,000 assessment. He indicated that residents between here and Newport Island rejected undergrounding, mainly because of the cost, and asked how much it cost the homeowners of Bayshore to underground. He added that Beacon Bay has been given an estimated cost of $24,000 which includes reconnection. Mr. Hildreth stated that, with the construction of the Newport Dunes Resort, the possible zoning would change to R -3 and allow four story structures. He added that the anticipated growth is overwhelming and that behavioral studies have shown that too many individuals in close confined areas will result in fights and death even with ample food and water. Volume 53 - Page 487 City of Newport Beach City Council Minutes July 11, 2000 M i1 .1 Steve Bromberg stated that he is speaking on behalf of the Little Balboa Island Property Owners Association Board. He stated that no conning has occurred and noted that this began 12 years ago. He indicated that a meeting was conducted with Edison and the City and that the questions before Council tonight came up at that meeting, with the exception of three and four story building development questions, but believed that this will not happen. He expressed the opinion that the undergrounding will be a good project and that he cannot imagine that services will be ruined. He indicated that they understand that there may be some trade -offs and added that everyone else that has underground utilities are doing fine. Mayor Noyes stated for the record that the $24,000 assessment for Beacon Bay also includes new streets and sewers. Richard C. Rivett, 301 East Bay Front, reiterated that many meetings were conducted on this, all the questions have been answered, and that is why they have the ballots now. Marianne McDaniel stated that she was also president of Little Island during the 12 year period. She believed that the gentleman who spoke earlier is not representative of the island, but Council will find this out by the votes. She indicated that there has been a lot of conversation about changing the height limit, but this was discussed many times and they have not been able to convince people that this is not the case. She added that everyone has spoken with the ladies on the island and are sympathetic to those that will be unable to afford the assessment, but their votes are included since they made sure they received ballots. Mr. Edmonston responded to Mayor Noyes that they expect construction to begin in about two months, the poles will be down in about 12 to 15 months, and the actual construction will take about six months. However, he reported that the delays sometimes lie with the property owners making their individual connections. He reported that they have had to resort to strong letter writing campaigns and, in some cases, this is finally done only after the City indicates that they will do the work and lien the property. He clarified that the poles cannot come down until the last connection is made. Sherman L. Stacey, 112 Ruby Avenue, stated that he is speaking on behalf of Larry Cates (resides at 317 East Bay Front and owns 319 East Bay Front) who strongly supports the approval of the district. He noted that an assessment is money from property owners who are assessing themselves to improve the quality of their neighborhood and that the City just facilitates this by establishing and utilizing an assessment district. Regarding a previous comment, he reported that Government Code Section 53753 indicates that these ballots are not votes or elections as contemplated by the California Elections Code and, therefore, neighbors soliciting each other, talking to each other, or sending each other literature do not have the Fair Political Practices Commission regulations governing them. He hoped that undergrounding may be extended to the big island in years to come. Dan Purcell, 3 Canyon Lane, stated that he does not believe that the internet will slow down because of the undergrounding. He indicated that Volume 53 - Page 488 City of Newport Beach City Council Minutes July 11, 2000 `Ii�l17�I:� Laguna neacn went tnrougn a situation where Cox Communications wanted to provide phone service and needed to install 38 electronic pumping stations. He stated that discussions are still ongoing as to whether to put the pumping stations underground. He indicated that he contacted an engineer about this situation and he recommended undergrounding the stations, adding that water was not an issue. Further, the Vice President of Cox Communications also stated that water was not going to be a problem in terms of service. Mayor Noyes asked again if there were any ballots to be submitted. There being no further testimony, Mayor Noyes closed the public hearing. Council Member Ridgeway stated that he supports undergrounding because it adds to the quality of life, enhances the neighborhood, and increases property values. He asked if there was a possibility of adding another conduit adjacent to the conduit in anticipation of DSL, fiber optics, etc. Mr. Hoffstadt indicated that most of the companies are interested in serving commercial businesses since that is where the money is and noted that they are putting a lot of the conduits around Newport Center and Koll Center. He added that the amount of business they would get by running additional conduits on Balboa Island probably does not justify the cost and that they would not be able to lay additional conduit because they would not know what size conduit to lay and how much of it to lay. Council Member Glover expressed the opinion that it would be worthwhile to have staff come back to Council with a report on this, believing that there are residential areas that currently have fiber optics. She noted that this was a problem in the airport commercial area. Regarding possible future upgrades, Mr. Gardella stated that it would be more cost effective to upgrade later onto a pole than to do it underground. Council Member O'Neil stated that his neighborhood undergrounded their utilities 10 or 12 years ago and that it has worked out quite well for them. He stated that, when this subject comes up, he cannot understand why someone would not want undergrounding when they have the opportunity and when the community wants to pay for the assessment. He indicated that while he is on Council he will vote in favor of undergrounding when he has the opportunity. City Clerk Harkless counted the ballots and reported that there were 147 ballots cast in favor of the proposed assessment and 33 ballots cast in opposition to the proposed assessment. Motion by Mayor Noyes to adopt Resolution No. 2000 -65 approving contracts for ownership of utility improvements; and adopt Resolution No. 2000 -66 declaring the results of the ballot tabulations, confirming the assessment, ordering the acquisition of improvements, and approving the Assessment Engineer's Report for Assessment District No. 78 (Little Balboa Island). The motion carried by the following roll call vote: Volume 53 - Page 489 City of Newport Beach City Council Minutes July 11, 2000 Ayes: Glover, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Thomson, Adams 16. ANALYSIS OF PROTECTION FROM TRAFFIC AND GROWTH INITIATIVE (contd. from 6/27/00). Mayor Noyes indicated that staff is requesting that this item be continued. Motion by Mayor Noyes to continue this item to the July 25 Council meeting. City Manager Bludau explained that Bob Wynn and Clarence Turner are requesting more time to review the analysis; Allan Beek requested a continuance for two weeks; and staff is requesting a continuance since the correct number of projects that would have gone to a vote if Greenlight was in affect has not been determined. The motion carried by the following roll call vote: Ayes: Glover, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Thomson, Adams MOTION FOR RECONSIDERATION - None. - 7:55 p.m The agenda for the Regular Meeting was posted on July 6, 2000, at 1:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 53 - Page 490 I ILI III Protection from Traffic & Growth Initiative/ Greenlight (39/68)