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HomeMy WebLinkAbout09/08/1997 - Regular Meeting® CITY OF NEWPORT BEACH %City Council Minutes Regular Meeting September 8, 1997 - 7:00 p.m. See separate minutes CLOSED SESSION - 6:20 p.m. CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:10 P.M. FOR REGULAR MEETING ROLL CALL Present: O'Neil, Thompson, Hedges, Glover, Noyes, Mayor Debay Absent: Edwards Pledge of Allegiance - Council Member Thomson. Invocation by Donald Turner, Elder for the Church of Jesus Christ of Latter -Day Saints. ® Motion by Council Member Hedges to waive reading of the minutes of the Regular Meeting of August 25, 1997, approve as written and order filed; and waive reading of the ordinances and resolutions under consideration and direct the City Clerk to read by titles only. Without objection, the motion carried by acclamation. rli MATTERS WHICH COUNCIL MEMBERS WOULD LHIE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- Council Member Thomson announced that the Public Safety Committee is presently working to enhance the current disaster preparedness program. Mayor Debay said she has been asked to urge residents to make sure their water heaters have been strapped to the wall. Council Member Glover requested that staff return with a status report on Santiago Drive. • Council Member Noyes said he would like to have a brief overview and presentation at the next Council meeting on the Junior Lifeguard program, as well as appropriate recognition for the staff involved. • Mayor Debay requested monthly updates on the Back Bay dredging. Volume 51 - Page 422 INDEX City of Newport Beach City Council Minutes September 8, 1997 INDEX ® CONSENT CALENDAR RESOLUTION FOR ADOPTION 1. ADOPT RESOLUTION OF INTENTION NO. 97 -71 SCHEDULING A Commercial Refuse PUBLIC HEARING FOR SEPTEMBER 22, 11997 TO CONSIDER THE Haulers GRANTING OF A NON - EXCLUSIVE SOLID WASTE COLLECTION Res 97 -71 FRANCHISE TO A PRIVATE SOLID WASTE HAULER: ALLIANCE Ord 97 -32 WASTE & RECYCLING, LLC. (42) INTRODUCE ORDINANCE . NO. . 97-32. GRANTING . A NON- EXCLUSIVE SOLID WASTE FRANCHISE TO ALLIANCE WASTE & RECYCLING, LLC; AND PASS TO SECOND READING ON SEPTEMBER 22,1997. CONTRACTS AND AGREEMENTS 2. MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH CITY C -2059 EMPLOYEES ASSOCIATION. Approve the Memorandum of NBCEA Understanding between the City and the City Employees MOU Association for the period July 1, 1997 to June 30, 1998. (38) 3. MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH C -2056 POLICE EMPLOYEES ASSOCIATION. Approve the Memorandum of NBPEA ® Understanding between the City and the Newport Beach Police MOU Employees Association for the period January 1, 1996 through (38) December 31, 1998. 4. Removed from the Consent Calendar by Council Member Noyes. 5. EMERGENCY WATER SERVICES AGREEMENT WITH IRVINE C -3162 RANCH WATER DISTRICT. Approve the emergency water services Emergency Water agreement with Irvine Ranch Water District and authorize the Services - IRWD Mayor and City Clerk to execute the agreement on behalf of the (38) City. 6. APPROVE REBATE AGREEMENT UNDER SOUTHERN C -3163 CALIFORNIA EDISON'S CLEAN POWER PROGRAM. Approve a Rebate Agreement rebate agreement with Southern California Edison for the Dolphin SCE and Tamura wells and authorize the Mayor and City Clerk to (38) execute the agreement on behalf of the City. 7. APPROVE LEASE AGREEMENT PERTAINING TO USE OF CITY C -3164 FACILITY BY COMMERCIAL RADIO STA'T'ION. Approve the lease Lease - Radio agreement with Kelsho Communications and authorize the Mayor Station and City Clerk to execute the agreement on behalf of the City. (38) 8. ENCROACHMENT PERMIT NO. 97 -311 FROM KEVIN WEEDA TO Encroachment ® ALLOW CONSTRUCTION OF A DRIVE APPROACH WITH A BOTTOM WIDTH OF 45 FEET AT 411 -413 - 30TH STREET, Permit (65) CANNERY VILLAGE (EP 97 -311). Approve Encroachment Permit Volume 51 - Page 423 City of Newport Beach City Council Minutes September 8, 1997 ® No. 97.311 to allow construction of a curb cut along the 30th Street frontage. MISCELLANEOUS ACTIONS 9. PLANNING COMMISSION AGENDA FOR SEPTEMBER 4, 1997. 10. APPROVAL OF BUDGET AMENDMENT (BA -013) - REAPPROPRIA- TION OF TIRE REMAINING BALANCE IN A 1996 -97 LIBRARY CAPITAL IMPROVEMENT ACCOUNT ($44,345.15) TO A FY 1997 -98 LIBRARY CAPITAL ACCOUNT FOR THE REFURBISHMENT OF THE BRANCH LIBRARIES. 11. APPROVAL OF BUDGET AMENDMENT (BA -014) - APPROPRIA- TION OF DONATIONS FROM THE AMERICAN YOUTH SOCCER ORGANIZATION, REGION 97 ($165); AMERICAN YOUTH SOCCER ORGANIZATION, REGION 57 ($165); NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION, INC. ($250); AND TAYLOR WOODROW HOMES, INC. ($310) FOR THE BOB HENRY PARK DEDICATION CEREMONIES TO PROFESSIONAL AND TECHNICAL SERVICES ACCOUNT. 12. APPROVAL OF BUDGET AMENDMENT (BA -015) - APPROPRIA- TION OF DONATIONS FROM NEWPORT HARBOR ELKS LODGE ® #1767 TO SUPPLEMENT THE WINTER WONDERLAND SPECIAL EVENT ($500); THE TREE SOCIETY OF ORANGE COUNTY TO SUPPLEMENT THE YOUTH COUNCIL'S TREE PLANTING PROJECT ($184.80); AND THE NEWPORT BALBOA ROTARY CLUB FOUNDATION TO SUPPLEMENT THE NEWPORT BEACH ALL CITY TRACK MEET ($2,500). MOTION BY COUNCIL MEMBER O'NEIL TO APPROVE THE CONSENT CALENDAR, EXCEPT FOR THE ITEM REMOVED (4). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. DEFERRED COMPENSATION PLAN AMENDMENT ADOPTION. City Manager Murphy explained that this is an update to the City's deferred compensation plan (Section 457 plan) for City employees. He noted that there have been some changes in federal law, therefore the City is amending the plan to incorporate those changes. He stated that it has been reviewed by the appropriate parties to make sure it complies with federal law. In response to Council Member Noyes, he indicated that the City is required to have an adopted plan and periodically update it to make sure it is in conformance with federal law. He said that one of the key provisions that has been changed is that it is not a City asset in the event of bankruptcy. In ® response to Council Member Hedges, he indicated that the changes don't have anything to do with issues brought up at the table during the meet and confer process. Volume 51 - Page 424 INDEX Planning (68) BA -013 (40) BA -014 (40) BA -015 (40) Deferred Comp- ensation Plan (66) City of Newport Beach City Council Minutes September 8, 1997 QJ 1 Motion by Council Member O'Neil to approve Deferred Compensation Plan Document and necessitated by changes to federal laws. Without carried by acclamation. PUBLIC COMMENTS the amendment to the Adoption Agreement objection, the motion Barbara Lichman, 5 Park Plaza, Suite 1500, Irvine, stated that she is representing the Newport North Villas Homeowners Association. She asked the members of the association to stand and noted that Anthony Sansone, Richard Girard, Glenda Bell, Bea Sansone, and Sheila Murphey have relinquished their three minutes to her, therefore she will present their case using their time plus her three minutes. Council Member Hedges called for a point of order and stated that public comments are reserved for non - agenda items and as such there is no mechanism which the Council has to grant additional time or transfer time from other people to any single speaker and that it has never occurred in the past on any issue. Mayor Debay said that she is uncomfortable with that position because she said that the Council has allowed that in the past:. ® Council Member Hedges stated that he objects to a case being made on a non - agenda item since the public comment portion of the agenda is not intended for the Council to consider an action nor to receive a case. He stated that he has read Ms. Liebman's 25 -page letter which states her case. Motion by Council Member Hedges to allow each individual speaker three minutes in accordance with the agenda to make a public comment. Substitute motion by Council Member Thomson_ to allow Ms. Lichman 15 minutes to say the peace for the entire group. City Attorney Burnham said he doesn't believe the City Council can impose any restrictions on the right of any member of the public to speak for three minutes on a non - agenda item. While Ms. Lichman may be supportive of the concept of 15 minutes in lieu of the other speakers, he said he doesn't believe the Council can limit the right of the other speakers to make a presentation. Mayor Debay spoke in support of allowing her the extra time and indicated that at the conclusion of Ms. Liebman's comments the City Attorney will have some comments to make. Council Member O'Neil pointed out that since neither motion received a second the proceedings should continue with each speaker allowed three minutes. ® (Note: In order to keep the subject matter together, the speakers may not be listed in the order in which they spoke). Volume 51 - Page 425 0 City of Newport Beach City Council Minutes September 8, 1997 INDEX Barbara Lichman, 5 Park Plaza, Suite 1500, Irvine, spoke in opposition to the action taken by the Council on the agreement with L.A. Cellular. She indicated that they did not receive proper notice of the May 27, 1997 Council meeting. She cited the problems with this issue being referred to the Finance Committee and stated that the Coastal Commission approved L.A. Cellular's permit on August 12. She urged the Council to set this matter for reconsideration on the September 22 agenda. City Attorney Burnham reported that in the last two weeks the City has received four letters regarding this particular project, two from the legal counsel for the Newport North Villas Homeowners Association, and two from the attorney representing L.A. Cellular. He said it is his intention to prepare a legal memo responding to all of those issues and that memo will be distributed to the City Council within the next ten days. Dan Rabun, President of the Newport North. Homeowners Association, reviewed the timeline of events related to this issue, stated that the minutes for the May 27th meeting are incorrect, and indicated that Mayor Pro Tom Edwards said he would put this on the agenda, however was later advised by the City Attorney that he could not. He stated that the City is taking their park for income and violating the safety and health of the people. ® City Attorney Burnham responded and said he did not tell Mayor Pro Tern Edwards that this could not be agendized as he does not prepare the agendas. Paul Moses, 3101 Corte Portofino, Vice President of Newport North Homeowners Association, said that 90% of the residents have signed a petition opposing the installation of the antenna, L.A. Cellular advised them that the antenna could not be placed on the Fletcher Jones property because of aesthetics, and notice was not given to the Board or the residents. Joe Kopko, 2901 Corte Portofino, stated that the central interest of the residents is their quality of life and the preservation of that. He said their interests are not being represented. James Klinger, 3136 Corte Portofino, asked that the Council rectify this mistake. He said the park is a place for the enjoyment of the residents and not a place to make money. Judy Kay Scott, 3100 Corte Hermosa, said that if this tower is put in it will set a precedent in Newport Beach. Bill Weiss stated that the residents will lose money because their property values will drop and the City will be paid $30,000. Vicki Weiss, 3064 Corte Maria, said she doesn't believe Mayor Pro Tern ® Edwards is actually sick, but is unwilling to face the residents since he misled them. Volume 51 - Page 426 City of Newport Beach City Council Minutes September 8, 1997 F` 1 ® Mali Gulledge, 3081 Corte Maria, asked if there is a way to stop this. Council Member Glover said that as the Chairman of the Finance Committee she did state that "we screwed up." She explained what had transpired, apologized for the mistake and noted that if anyone screwed up it was the Council and not the City Manager or the City Attorney. Larry Aspegren, 3112 Corte Hermosa, said he doesn't believe the antenna belongs in a park and it should be put on a remote industrial site. He said he thinks the City can delay the issuance of permits until an open foram can be held and the residents heard. Joseph Morales, Public Relations, L.A. Cellular, showed pictures of what the antenna will look like and explained the different components of the system. He noted that the Coastal Commission approved their application on a 10 -2 vote. Ray Weaver stated that the City should have talked to the residents before approving this item. Glenda Bell, 3166 Corte Portofino, asked whose responsibility it is to change the bulbs on the light standards. ® Anthony Sansone, 3025 Corte Hermosa, asked why the antenna wasn't placed near the toll road since they need the intone. John Wilkins pointed out that all of the changes that have taken place in Newport North have hurt the resale value of his property. Phyllis Robinson said that they never received notice so they couldn't come to the Council in the proper forum. Wes Weissinger asked if there is anything that can be done. Ruben Gulledge said that the City is using their park to make money and 90% of the residents don't want the antenna. Phillip Ruhland asked when this would all stop and said 100% of the residents are opposed to it. In response to the comments made, Council Member Hedges explained the importance for the residents to remain involved and aware of what is going on at the local government level. He said the "screw up" that was made was taking this issue before a committee because once the full Council takes ownership of the item it can't be reviewed by a committee. He explained the actions that took place around the signing of the agreement. He noted that the time has passed to reconsider the decision and it will take a 2/3 vote to get it back before Council. ® • Jackie Heather read a letter she sent to the Council regarding the recent flurry of activity on the Newport - Inglewood fault. She said she is concerned Volume 51 - Page 427 City of Newport Beach City Council Minutes September 8, 1997 about the status of the City's success in getting citizens to strap down their water heaters. She urged the Council to adopt an urgency ordinance and suggested that off -duty firemen be permitted to contact homeowners to strap down their water heaters. She also voiced concern with the predicted E1 Nino. Steve Stafford, Newport Heights, stated that the annexation of the Newport Coast should be done all at once so the City receives all of the fees. RECESS AND RECONVENE The Council took a brief recess at 8:40 p.m. and reconvened at 8:47 p.m. with all members present except Mayor Pro Tern Edwards and Council Member Hedges (returned at 9:00 p.m.). PUBLIC HEARINGS 13. 1997 WEED ABATEMENT PROGRAM - CONFIRMATION OF WEED ABATEMENT COSTS TO BE ASSESSED TO PROPERTY OWNERS. Fire & Marine Chief Riley reported that following the meeting of approximately six weeks ago the Council was given a list of 19 properties that needed to be posted that did not meet the City's weed abatement requirement. Subsequently, staff maintained comprehensive contact with those people and were finally able to have all but three of the properties abated voluntarily. The remaining three on the agenda are those that did not voluntarily comply. Therefore the action tonight would be to hold a public hearing to allow them an opportunity to appeal, if necessary, and to confirm this report and allow the City to proceed with collection for the cost of abatement. Mayor Debay opened the public hearing, and, hearing no testimony, closed the hearing. Motion by Council Member O'Neil to adopt Resolution No. 97 -72 confirming the report of the Fire and Marine Chief concerning the cost of the abatement of weeds and other nuisances and requesting the Auditor- Controller of Orange County to enter the amount of each assessment referred to in said report on the County tax roll. Without objection, the motion carried by acclamation/Hedges and Edwards absent. 14. PUBLIC HEARING PERTAINING TO IMPROVEMENTS ON LA JOLLA DRIVE FROM CLIFF DRIVE TO 300 FEET SOUTH OF CLIFF DRIVE (C- 3119). Public Works Director Webb reported that this project was primarily funded by the City, however it was a Chapter 27 project: requested by the property owners and they were required to pay for curb, gutter and drive approaches which totaled $6825.00. At the time of the petition the property owners all agreed to share equally in that cost, which worked out to be $525.00 per property. At the close of the public hearing, he requested that Council take Volume 51 - Pa;ge 428 INDEX Weed Abatement Res 97 -72 (41) LaJolla Drive Improvements C -3119 (38) City of Newport Beach City Council Minutes September S, 1997 isaction to confirm the assessments and if requests are received, to allow the property owners one year to pay their assessments with an interest rate of 6.4% of the unpaid balance. Mayor Debay opened the public hearing, and, hearing no testimony, closed the hearing. Motion by Council Member O'Neil to confirm the assessments and allow the property owners one year to pay their assessments with an interest rate of 6.4% of the unpaid balance. Without objection, the motion carried by acclamation/Hedges and Edwards absent. 15. AWARD OF CONTRACTS FOR THE CONSTRUCTION OF THE LITTLE BALBOA ISLAND (SECTION 5) WASTEWATER PUMP STATION REPLACEMENT PROJECT (C- 2975). Volume 51 - Page 429 INDEX Little Balboa Waste - Water Pump Station C -2975 C -2935 C -3156 (38) Public Works Director Webb reported that the City has 23 wastewater pump stations in the City and this is one of the oldest. The system is almost 50 years old and is constructed in a 15 foot wide alley which has poor access for the maintenance vehicles. The City's wastewater master plan had earmarked this particular pump station as the top priority for replacement. For close to three years staff has met with the community associations on ® Balboa Island and Little Balboa Island concerning the planning and design of this facility. The facility was designed for the South Bay Front end of Jade Street over two years ago, the estimated cost was over $3 million and because of its proximity to the dwellings it was found to be too difficult to build. Staff took a step back at that time to review the options and look at other alternatives to that particular design with the goal of trying to get a pump station put together that would be in the $1.5 to $1.7 million range and one that would provide for one hour of peal: flow storage. The existing facility has roughly two to three minutes of storage. The existing 15 -foot alley site was eliminated because there is not sufficient room for facility expansion in that location, as well as the constructability in a 15 -foot wide area doesn't allow for much to be done. The right -of -way at the end of Jade Street is only 40 feet wide and it would have still had a confined construction area. Staff expanded the area and looked at two locations on Park Avenue. One location between Jade and Crystal Street in the median area on Park Avenue was looked at and discarded primarily because of the impact it would have had on the circulation in the area. It would have been constructed between two streets and an alley and would have interrupted the traffic flow in the neighborhood more. The recommended site that the designs were prepared for and put out to bid is in Park Avenue between Jade Street and East Bay Front. This is the largest publicly owned piece of property on Little Balboa Island. The street width in that location from right -of -way line to right -of -way line is 60 feet, 20 feet wider than the Jade Street location and 45 feet wider than the current alley site. The site allows the construction to be at least ten feet farther away from residential ® structures than any other site that could have been selected. It also minimizes the circulation interruption on the island. He said staff also Volume 51 - Page 429 INDEX Little Balboa Waste - Water Pump Station C -2975 C -2935 C -3156 (38) 0 City of Newport Beach City Council Minutes September 8, 1997 EVDEX reviewed a backup generator in several different scenarios, one of which would be just a backup generator that could be installed in the existing site to help in case there are power outages or mobile generators that can be pulled in and used. Neither one of these options met the goal of trying to provide an hour of emergency storage for this facility. Four to six months ago a house at the corner of Jade and the South Bay Front alley came on the market for $819,000. Staff was requested to look. at this site as a joint pump station and small park site and it was determined that the use of the site was possible but construction would be closer to houses than the Park Avenue site and would also cost roughly $600,000 more than any other site because the property would have to be purchased in order to construct the project in that location. The property has since been sold and if it were to be purchased now it would have to be condemned or negotiated with the property owner. He reported that there have been numerous meetings during the planning process and explained the steps that have been taken to keep the public involved. During the bidding process, at the request of the project opponents, the Public Works Department and the Public Works Committee sent out additional information to the prospective bidders informing them of the opposition to the project and also the concerns that those people had about the adjoining properties and how they might possibly be damaged during the construction. He stated that two bids were received on the project and the low bid was $1,665,150 from Advance Construction of Upland. The staff interviewed Advanco, their references were checked and nothing but glowing reports were received. Mr. Webb pointed out that the construction manager for the project will be Daniel Boyle Engineering and one of the key elements that they have been instructed to do is to make sure that there is community input, community contact, and the ability for the community to have somebody to talk to immediately if they see problems occurring. He said that staff feels that the insurance requirements that have been spelled out in the specifications and the insurance company that Advanco will be using are the best that can be specified. The Risk Management staff has reviewed the insurance policies, the insurance wording, and the language with outside insurance consultants to assure that the City is as well protected as it can possibly be. Moira Podliska, 201 E. Bay Front, representing Mrs. Allen, said that it is disheartening when decisions such as this are made without considering the health and well -being of the property owners. She noted that the computer enhanced image of their property was done without the knowledge, consent, permission or consideration of Mrs. Allen. She noted that a schematic drawing done by Advanco shows an electrical panel physically anchored to a private property wall, and questioned how this can be done without the permission of the property owner. She suggested that the Public Works Department and Committee consider relocating the pump station to the Little Island Bridge or pedestrian ramp. She said she doesn't think anyone wants to have a sewer pit ten or fifteen feet from their kitchen. Terry Lewis, 127 Topaz, said he feels the adjacent residents will be ® negatively impacted by this new pump station. He explained that last week he went in search of the other pump stations in the City and kept the search limited to those close to the bay and the ocean. He said their concerns were Volume 51- Page 430 City of Newport Beach City Council Minutes September 8, 1997 BVDEX focused on two areas, the size of the current pumping stations and the proximity of those stations to residential properties. Of the stations they looked at Lido Isle seems to be the closest to Balboa Island in the size and number of residents served. The Lido Isle pumping station serves approximately 843 residents and was reworked. and upgraded at a cost of approximately $160,000. The proposed Park Avenue station at the comer of East Bay Front and Park Avenue will serve approximately 1400 residents at a cost of $1.6 million. The proposed station at the location on Little Island is approximately 20x60x35 feet deep or 42,000 cubic feet. He gave a comparison of the typical new home size on the island and indicated that 85% of a new duplex or single family home on- Balboa Island could be included in the pit as shown in slides he presented. He asked a series of questions and urged the Council to consider reworking and upgrading the existing site. Volume 51 - Page 431 Mr. Webb explained that there is one pump station on Little Balboa Island, another on Balboa Island and a very small pump station on Collins Island. Collins Island pumps into Balboa Island, all of Balboa Island flows to the Diamond Street pump station and the Diamond Street pump station pumps all the sewage to the Little Balboa Island pump station. Then it is pumped underneath the bay, through the Balboa Yacht Club parking lot and out to the sewer main in Bayside Drive. He said the pump station was sized based on the number of houses that are served and the amount of flow. In this ® particular station staff has measured peak flows of 700 gallons per minute, however the average flow is closer to 300 gallons per minute. He said the system has to be able to handle both average and peak flows, therefore the facility is designed to handle the peak flows for about 75% of the time. He stated that staff has looked at other locations and feels this is the best location. He said there is no place where the pump station can be placed that will not be immediately adjacent to a residence and still be on Little Balboa Island. He explained the storage capabilities and noted that the existing facility is approximately 1 /20th of the size of the proposed facility. He pointed out that the existing facility is 50 years old, the concrete is badly deteriorating, the electrical panel needs upgraded, and the pump chamber is too small to accommodate modern pumps. He said the proposed pump station will be the first submersible pump facility, which was done to try to reduce the size of the station as much as possible. He explained the staffing required to maintain the pump stations and the sewer lines, as well as details of how problems are responded to and reiterated that there needs to be more storage and time to respond to this particular location. He reported that the Lido Isle upgrade was primarily to upgrade the electrical panel. The top of the wet well was also removed in order to gain access in a wider opening. He noted that the control panel that is shown anchored to the Allen property wall doesn't have to be anchored to the wall and can be constructed accordingly. The venting for this facility is an airflow system that will be located in the median area between Crystal and Jade. He said odor problems have not been experienced in similar situations and pointed out that sewage will not pool in this area and the only time sewage will be in the storage area is during power outages, etc. In response to Council Member Thomson's request for justification for a professional services contract with Daniel Boyle Engineering, Mr. Webb stated that staff could manage the contract if this Volume 51 - Page 431 City of Newport Beach City Council Minutes September 8, 1997 I11 ` were the only project going on, however staff is very thin in trying to keep up with all of the other construction projects currently underway. He said that in order to adequately respond and take care of the needs of the contractor and the residences it is necessary to have this firm manage the contract. He said they will also provide the expertise of assembling pump stations that City staff does not have. Assistant City Attorney Clauson stated that she worked with the Risk Manager to review the contract document, reviewed the documents with an outside risk coverage attorney, and also reviewed the documents with a representative for Advanco as far as their insurance policy to make sure that the policy provides as broad as coverage as possible. The contractor will be required to fully indemnify the City for all its work on the project and provide a $5 million insurance policy. Ron Devine, Vice President and Construction Manager for Advance, stated that over the years their company has done excavations similar to this with very minor damage or no damage at all. He said they have driven sheet pile within four to five feet of residences in Del Mar with very little damage. He said they can't guarantee there'll be no damage, but they think in this instance with the high ground water, that there will be very little damage. In response to Council Member Hedges' questions, Mr. Devine indicated that they have the ability to coordinate inspections of the work, prepare ® documentation for contract administration, and can handle changes to the project through the City's project manager. Warren Wimer, 221 Via Firenze, attorney representing some of the adjacent homeowners, said that the essence of the project: is whether this is the best use of the money or is the alternative of repair and upgrade not a better solution. He said he feels there is a real possibility that the existing site could be upgraded for $300,000 - $400,000. Donald Wright, #4 Eastfield Drive, Rolling Hills, said he believes this is a position of overkill and overbuild and questioned whether the insurance policy would cover the loss of rental property income. Joan Cooper, 118 Jade, said they are impacted by the project and noted that Balboa Island has less people than in the past. She questioned what kind of monitoring and when the monitoring was done to arrive at the peak flow figures. Dottie Lewis, 127 E. Bay Front, reported that she has secured a petition with 106 signatures of opponents to this project on Park Avenue. She said they have the only through street on Balboa Island. She pointed out that the proposed wet well is 70 times as large as the existing one. She alleged that staff offered her a sum of money to go along with the project. Phillip Lugar, 1704 Park Avenue, spoke in favor of the project and its ® location. He said he believes the pump station is necessary and cost effective, therefore urged the Council to approve the contract. Volume 51 - Page 432 City of Newport Beach City Council Minutes September 8, 1997 II0 1 ` ® James E. Munroe, 1810 S. Bay Front, spoke in support of the project. He noted that staff makes two maintenance trips per week to the existing site just to keep it running. He said his residence is adjacent to the present pump station and they don't even know that the pump station is there. Charlie Gabbard said he believes this is an emotional issue and the project should be judged on its merits and necessity. He said the end result will be a benefit for all three islands. He noted that the volume has increased in 50 years and encouraged the Council to approve the project. Jim Busby, 111 E. Bay Front, reported that the homes on the islands are now occupied year round and amenities have been added over the years that have dramatically increased the flow of sewage. lie said he understands that no one wants this is in their back yard, however it is needed. Steve Bromberg, President of Little Balboa Island Property Owners Association, said that as an association they are looking for what is best for the entire Little Island. He reported on their involvement with this issue and explained that they have looked at the alternatives and the bottom line is that a new pump station is needed. He said that it needs to be in an area that will have the least amount of impact. He reported that the Board voted 11-1 (Dottie Lewis abstained) in favor of the proposed location. ® Jim ( ?), said that the backup generator idea should be pursued and noted that the storage tank will float during high tide. Mickey Dunlap, Park and Abalone, said he doesn't want traffic going by his door or the impact when parking is restricted on other parts of the island, however even less than that does he want sewage coming up in the bay or the streets. He said the engineering has shown that the project is needed and respectively urged the Council to vote in favor of it. Doug Ashton, Corona del Mar, questioned whether this is the low bid contractor and if he can guarantee that the pit will last 50 years or more. He pointed out that there is less sewage than in the past because of all of the low -flow devices, etc. He spoke in support of rebuilding the existing tank. Betty Padden, East Bay Front, asked the Council if they had been to the current location of the pump station, if they have they seen how to get to the proposed location, and if they have really looked at the current proposal. Warren Wimer clarified that the current system has a surcharge of approximately one hour and the $1.6 million will buy an additional hour. He also stated that the Board's 11 -1 straw vote was taken based on the premise that the existing location could not be refurbished or rebuilt. Motion by Council Member Hedees to direct staff to return to the City Council in 45 days (on October 27th) with a conceptual plan and a proposed ® contract to let to upgrade the existing facility at the existing site to give the same degree of reliability which the proposed station has. Volume 51 - Page 433 City of Newport Beach City Council Minutes September 8, 1997 Substitute motion by Council Member Thomson to approve the staffs recommendation. Council Member Noyes stated that it is his desire that there be a strong vote from Council before proceeding with this project. The substitute motion failed by the following vote: Ayes: O'Neil, Thomson, Mayor Debay Noes: Hedges, Glover, Noyes Absent: Edwards The original motion failed by the following vote: Ayes: Hedges, Glover, Noyes Noes: O'Neil, Thomson, Mayor Debay Absent: Edwards Motion by Council Member Hedges to form a committee of the whole, however the motion died for lack of a second Bob Calkins, 124 Crystal Avenue, noted that this has been going on for three years and you don't get more reliability without having a wet well. ® Following a lengthy discussion of the proposed project and site and in light of the two failed motions, Council Member O'Neil said he would defer to Council Member Noyes since this is in his district and will support his decision. Ron Devine, Advanco Construction, explained that if the old pump station is taken out you will have to drive down 60 feet into bedrock to keep the water out. It was indicated that it would cost more to build than in an area where there is more room because it is nearly impossible to get into a 15 foot alley and drive 60 foot sheet pile. At the request of Council, the contractor agreed to extend his bid until midnight on October 27, 1997. Motion by Council Member Hedges to direct staff to return to Council in 45 days (October 27th) with a conceptual plan and a proposed contract to let to upgrade the existing facility at the existing site with the same degree of reliability which the proposed station has without the one -hour storage facility, but with pump and power backup reliability, and to defer action on Items 1 -4 until October 27, 1997. Without objection, the motion carried by acclamation. 16. REQUEST TO INITIATE A GENERAL PLAN AMENDMENT (GPA 97- 2) TO AMEND THE LAND USE, CIRCULATION AND RECREATION AND OPEN SPACE ELEMENTS TO ADD THE HARBOR VIEW NORTH AREA (FORMERLY BONITA VILLAGE) TO THE CITY'S ® GENERAL PLAN (AREA BOUNDED BY OLD FORD ROAD, MACARTHUR BOULEVARD AND SAN JOAQUIN HILLS TRANS- PORTATION CORRIDOR). Volume 51 - Page 434 1 1 GPA 97 -2 Harbor View North (45) r1,1 L! -A City of Newport Beach City Council Minutes September S, 1997 Assistant City Manager Wood reported that this is a request to add Planning Area 26(A) to the City's General Plan, which is a pre- requisite to considering annexation of this area. The Planning Commission considered this at their meeting on September 4, 1997 and recommended initiation. Carol Hoffman, The Irvine Company, spoke in concurrence with the action of the Planning Commission. Motion by Council Member Hedges to sustain the action of the Planning Commission to initiate the .amendment;. direct .staff to proceed with the preparation of any necessary environmental documents; and set for public hearing before the Planning Commission. Phil Arst, Chairman of the Community Association Alliance, noted that staff has indicated that there will only be 60 days to consider this item so an answer can be provided to the School District in that time frame. He indicated that there is a complete lack of public information on the economic and lifestyle impacts of the proposed annexation of the Harbor View North area. He requested that full public hearings be field. He said that his letter contains a list of 16 concerns from residents of his district, Corona del Mar, and Central Newport and pointed out that there :is a great deal of concern in the community about this annexation changing the entire nature of the e community. Without objection, the motion carried by acclamation. 17. VACANCIES ON THE BOARD OF BUILDING APPEALS. Mayor Debay stated that there was an interview committee consisting of Mayor Pro Tem Edwards, Council Member Glover and herself, although Council Member Glover was unable to attend because of a conflict. She reported on the nominations. The appointments will be made on September 22. Motion by Council Member Glover to confirm the nominations of Jack Hester, Joseph Kidushim, Patricia Kraemer, Richard Luehrs and Robert Yant Jr. Without objection, the motion carried by acclamation. 1. NEWPORT COAST ANNEXATION (Special meeting agenda). Motion by Council Member Hedges to continue the Newport Coast Annexation issue to September 22, 1997. Without objection, the motion carried by acclamation. ADJOURNMENT - 11:35 p.m. [I - None Volume 51 - Page 435 BVDEX Board of Building Appeals (24) rll City of Newport Beach City Council Minutes September 8, 1997 The agenda for the Regular Meeting was posted on September 3, 1997 at 12:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Qdb, M- 9 City Clerk XD I A�4� Recording Secretary or Volume 51 - Page 436 INDEX