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HomeMy WebLinkAbout09/25/2001 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting September 25, 2001- 7:00 p.m. STUDY SESSION — 4:10 p.m. CLOSED SESSION — 6:00 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Absent: None C. CLOSED SESSION REPORT — Mayor Adams reported that the City Council discussed the Dunes lease in Closed Session, as well as earlier in the day at the Study Session. He announced that the City Council has decided to wait until October 15, 2001, before evaluating the City's options. D. PLEDGE OF ALLEGIANCE — Council Member Bromberg. PERFORMANCE OF "THE STAR SPANGLED BANNER" BY THE BALBOA BACHELORS E. INVOCATION — Pastor Joey Rozek, Calvary Chapel of Costa Mesa. F. Presentation by Mayor Adams of Proclamation to Fire Chief Riley proclaiming October 7 — 13, 2001, as Fire Prevention Week and Sunday, October 7, 2001, as Day of Remembrance and Reflection for the firefighters who perished in the World Trade Center attack. Fire Chief Riley thanked the citizens of Newport Beach for their support. He stated that the Fire Department is accepting donations for the New York City Firefighters 911 Disaster Relief Fund. He announced that Public Safety Day will take place on October 7, 2001, from 10:00 a.m. to 3:00 p.m., at the Fire Station next to the Police Department. Mayor Pro Tom Ridgeway urged everyone to attend the event. Presentation by Mayor Adams of Plaques of Appreciation to outgoing Board and Commission members (contd. from 9/11/01). Plaques were announced for Don Gregory who served on the City Arts Commission from July 1, 1999 to July 10, 2001; presented to Lila Crespin who served on the City Arts Commission from November 22, 1999 to July 10, 2001; and announced for Donald Pfaff who served on the Parks, Beaches & Recreation Commission from Volume 54 - Page 476 INDEX City of Newport Beach City Council Minutes September 25, 2001 July 1, 1997 to July 10, 2001. G. NOTICE TO THE PUBLIC INDEX 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 Adams stated that following the City Council meeting of August 28, 2001, his behavior regarding the motion for reconsideration on the appointment to the Board of Library Trustees was questioned by a citizen. Mayor Adams explained that nothing improper happened and City Council members do have the ability to change their vote. He stated that a City Council Ad Hoc Appointments Committee reviewed the applications for the vacancy, conducted interviews and narrowed the list down to two candidates for City Council consideration. Mayor Adams stated that the votes of the Committee members at the City Council meeting affected his decision. Mayor Adams requested that the Study Session of November 13, 2001, include a report and discussion on contracting for City services. He stated that his request is prompted by a letter from Phil Arst, questioning if the City is being run as efficiently as possible. Council Member Proctor announced that the Assembly passed SB124, Senator Johnson's Bill, which allows the City to purchase the CalTrans West property at the same price that it was sold for, 35 years ago. He stated that the next step is to gain the Governor's support. Council Member Proctor stated that, as a part of the Environmental Impact Report (EIR), the County is mandated to present the facts regarding the E1 Toro Airport project. He explained that kiosks have been created and City staff was directed to investigate locations for the kiosks, including Fashion Island. City Manager Bludau reported that he spoke with a staff member with The Irvine Company and was told that The Irvine Company would not allow a kiosk on its property due to the controversy surrounding the E1 Toro Airport project. Council Member Proctor directed staff to find other locations. Council Member Heffernan suggested that the Central Library be looked at as a potential location. Council Member Bromberg requested that the City's disaster plan be presented to the City Council at either a future Study Session or as a staff report. He stated that the City Council members should be clear on their role in the event of a significant disaster in the City. Council Member Bromberg stated that he participated in the Race for the Cure held on Sunday, September 23, 2001, on a team put together by the City to celebrate the life of Rosalind Williams. Council Member Bromberg requested that a proposed Council policy be developed regarding fundraising and that it should consider the donation of City Volume 54 - Page 477 City of Newport Beach City Council Minutes September 25, 2001 events. Council Member Glover recalled that the City Council did approve the donation of City services to facilitate the Race for the Cure. Council Member Glover requested that Senator Ross Johnson be honored at a future City Council meeting. She stated that the City should show its appreciation for all he has done for the City and as a Senator. Council Member Heffernan requested that, in view of the events that have occurred recently and the possibility for contamination of water supplies, an update be provided to the City Council regarding the covering of the San Joaquin Hills reservoir. City Manager Bludau stated that it is a request at the highest level with Congressman Cox. Additionally, he stated that staff has taken steps to improve the security of the reservoir. I. CONSENT CALENDAR READING OFMINUTES /ORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar by a 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. RESOLUTION FOR ADOPTION 3. RESOLUTION NO. 2001 -78 TO RESCIND CURRENT RESOLUTION NO. 91 -100, PARKING RESTRICTIONS ON BAY AVENUE (contd. from 9/11/01). Adopt Resolution No. 2001 -78 to rescind Resolution No. 91 -100, which established a No Parking /Tow- Away Zone on the northerly side of Bay Avenue between Palm and Adams Streets on Fridays and Saturdays between the hours of 6:00 p.m. and midnight. 4. WEST NEWPORT SEWER MAIN REPLACEMENT PROJECT — AWARD OF CONTRACT (C -3453) (contd. from 9/11/01). 1) Approve the plans and specifications; 2) adopt Resolution No. 2001 -79 affirming the emergency bidding process for the West Newport Sewer Main Replacement Project (C -3453) with a minimum of five affirmative votes approving the process per Section 1110 of the City Charter; 3) award the contract (C -3453) to A.D. General Engineering for the total bid price of $114,540 and authorize the City Manager to execute the contract; 4) establish an amount of $15,000 to cover the cost of unforeseen work; and 5) authorize a budget amendment (BA -010) transferring $150,000 from the unappropriated Wastewater Fund Balance to Account No. 7531- C5600292. Volume 54 - Page 478 IIN 11 a/ Res 2001 -78 Parking Restrictions/ Bay Avenue (85) C -3453 BA -010 Res 2001-79 West Newport Sewer Main Replacement (38/40) City of Newport Beach City Council Minutes September 25, 2001 INDEX 5. AMENDMENT TO RESOLUTION ESTABLISHING ECONOMIC Res 2001 -80 DEVELOPMENT COMMITTEE. Adopt Resolution No. 2001 -80 Economic Development amending Resolution No. 98 -17 to clarify the purpose and Committee (EDC) responsibilities of the Economic Development Committee. (24) 6. RESOLUTION ESTABLISHING THE NEWPORT COAST Res 2001 -81 ADVISORY COMMITTEE (NCAC). 1) Adopt Resolution No. 2001 -81 Newport Coast creating the Newport Coast Advisory Committee; and 2) direct the City Advisory Committee Clerk to put out a call for applicants for membership to the Committee. (NCAC) (24) ORDINANCE FOR ADOPTION 7. NEW SUBDIVISION CODE: CODE AMENDMENT 2001 -002 Ord 2001 -18 ( contd. from 9/11/01). Adopt Ordinance No. 2001 -18. Subdivision Code (68) CONTRACTS AND AGREEMENTS 8. Item removed from the Consent Calendar by Mayor Adams. 9. CONSTRUCTION MANAGEMENT SERVICES FOR BALBOA C -3333 VILLAGE IMPROVEMENTS, PHASE 1 (C -3333) (contd. from Balboa Village 9/11/01). Approve a $361,100 Professional Services Agreement with Improvements/ Harris & Associates to provide construction management, inspection, Phase 1 and materials testing during Phase 1 construction, and authorize the (38) Mayor and City Clerk to execute the agreement. 10. MAIN BEACH SEWER FORCE MAIN REPLACEMENT — AWARD C -3296 OF CONTRACT (C -3296) (contd. from 9/11/01). 1) Approve the Main Beach plans and specifications; 2) award a contract (C -3296) to GCI Sewer Force Main Construction, Inc. for the total bid price of $328,690 and authorize the Replacement Mayor and the City Clerk to execute the contract; and 3) establish an (38) amount of $30,000 to cover the cost of unforeseen work. 11. 2001 -2002 SIDEWALK, CURB AND GUTTER REPLACEMENT — C -3427 AWARD OF CONTRACT (C -3427) ( contd. from 9/11/01). 2001 -2002 Sidewalk, 1) Approve the plans and specifications; 2) award a contract (C -3427) to Curb and Gutter C.J. Construction, Inc. for the total bid price of $117,262.50, and Replacement authorize the Mayor and the City Clerk to execute the contract; and (38) 3) establish an amount of $11,000 to cover the cost of testing and unforeseen work. 12. PACIFIC COAST HIGHWAY SIDEWALK FROM CAMEO C -3148 SHORES ROAD TO CITY LIMIT (C -3148) — COMPLETION AND Pacific Coast Hwy ACCEPTANCE (contd. from 9/11101). 1) Accept the work; Sidewalk 2) authorize the City Clerk to file a Notice of Completion; 3) authorize (38) the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 13. APPLICATION TO RELOCATE A CURB OPENING AT 201 EPN2001 -0297 APOLENA AVENUE ON BALBOA ISLAND (EPN2001 -0297) 201 Apolena Ave/ Volume 54 - Page 479 City of Newport Beach City Council Minutes September 25, 2001 INDEX Volume 54 - Page 480 (contd. from 9111/01). Approve the application subject to an Curb Opening Encroachment Permit from the Public Works Department. (65) 14. CONTRACT WITH THE UNIVERSITY OF CALIFORNIA: C -3479 WATER QUALITY TESTING IN STORM DRAINS AND Water Quality TRIBUTARIES TO NEWPORT BAY (contd. from 9/11/01). Testing in Authorize the Mayor to execute a $36,179 sole- source contract with the Storm Drains and Regents of the University of California for the testing of storm drains Tributaries to and tributaries to Newport Bay for the presence of human viruses and Newport Bay bacteria. (38) 15. NEWPORT CENTER FIRE STATION NO. 3 MECHANICAL C -3385 UPGRADE AND RESTROOM ADDITION (C- 3385). 1) Approve the BA -009 plans and specifications; 2) dismiss the protest of Construct 1 One Newport Center Corp. as unsubstantiated; 3) award a contract (C -3385) to GK Fire Station No. 3 Construction, Inc. for the total bid price of $224,900 and authorize the (38/40) Mayor and the City Clerk to execute the contract; 4) establish an amount of $20,100 to cover the cost of testing and unforeseen work; and 5) authorize a budget amendment (BA -009) appropriating $23,631 from General Fund reserves in Account No. 7271- C2320527. MISCELLANEOUS ACTIONS 16. RECOMMENDATION FROM GENERAL PLAN UPDATE General Plan COMMITTEE ON COMMUNITY OUTREACH VISION FESTIVAL Community (contd. from 9/11/01). Accept the recommendation of the General Outreach Plan Update Committee and set the General Plan Vision Festival for Vision Festival January 12, 2002. (68) 17. DONATION OF SURPLUS PROPERTY ( contd, from 9/11/01). Donation of Approve the donation of the property to Share Our Selves Corporation Surplus Property and direct staff to arrange for the property to be made available for (73) pick -up at their convenience. 18. COUNCIL APPROVAL OF WEBLINK REGARDING BALBOA C- 3333/Weblink/ VILLAGE IMPROVEMENT PHASE I TO CITY S MAIN WEB Balboa Village PAGE (contd. from 9111/01). Approve the informational link to the Improvement City's web page. (38) 19. REQUEST TO INITIATE A GENERAL PLAN AMENDMENT TO GI 2001 -001 INCREASE THE DEVELOPMENT ALLOCATION WITHIN THE PA 2001 -157 AIRPORT AREA 2 -7 (STATISTICAL AREA L-4), NEWPORT Camco Pacific/ PLACE BLOCK G & H TO PERMIT A 1,500 SQUARE FOOT 1811 Quail Street ADDITION TO AN EXISTING OFFICE BUILDING LOCATED AT (45) 1811 QUAIL STREET [CAMCO PACIFIC (PA2001 -157)] (contd. from 9/11/01). Initiate the amendment to the General Plan, Land Use Element as recommended by the Planning Commission by approving GI 2001 -001. 20. SURETY REDUCTION FOR CONCRETE ALLEY EXTENSION Encroachment STRUCTURE ADJACENT TO 405 GOLDENROD AVENUE, Permit 2001 -110 CORONA DEL MAR (N2001 -110). 1) Approve the improvement 405 Goldenrod Ave. Volume 54 - Page 480 City of Newport Beach City Council Minutes September 25, 2001 plans and specifications for the concrete alley extension constructed in conjunction with Encroachment Permit No. 2001 -110; 2) authorize the City Clerk to release the payment bond certificate guaranteeing faithful performance in the amount of $29,000 (Bond No. 0719033128) upon receipt of a reduced surety in the amount of $8,000; and 3) authorize the City Clerk to release the payment bond certificate guaranteeing payment of labor and materials (Bond No. 0719033136). 21. RELEASE OF FAITHFUL PERFORMANCE BOND FOR RESUBDPJISION NO. 866. Authorize the City Clerk to release the Faithful Performance Bond (Bond No. 3SM 709 229 00). 22. ADOPTION OF A PROGRAM FOR DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS FOR FEDERAL FISCAL YEAR 2001 -2002. 1) Approve the DBE Program for the City of Newport Beach for Federal Fiscal Year beginning October 1, 2001 and ending September 30, 2002; and 2) authorize the Public Works Director to submit the approved DBE Program to Caltrans staff. 23. Item removed from the Consent Calendar by a member of the audience. 24. APPROVE BUDGET AMENDMENT IN THE AMOUNT OF $149,645 TO TRANSFER FUNDS FROM THE LIBRARY LIABILITY ACCOUNT AND THE REIBER FUND TO PROVIDE LITERACY SERVICES, LIBRARY AND COLLECTION DEVELOPMENT, IMPROVEMENTS TO THE CENTRAL LIBRARY CHILDREN'S ROOM, AND MATERIALS FOR THE BALBOA BRANCH LIBRARY. Approve BA -007. 25. DISTRICT 7 APPOINTMENT TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE. Confirm Councilmember Heffernan's appointment of Richard Oberreiter as the member for District 7, as amended from the Agenda which stated "at -large member ". Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar, except for those items removed (1, 8 and 23), and noting the amendment to Item No. 25. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETINGS OF AUGUST 28, 2001, ADJOURNED REGULAR AND Volume 54 - Page 481 INDEX (65) Resubdivision 866 (64) Disadvantaged Business Enterprise (DBE) Program (74) BA -007 Library Fund Transfer (40/50) Environmental Quality Affairs Committee (EQAC) (24) City of Newport Beach City Council Minutes September 25, 2001 OF SEPTEMBER 11, 2001 MEETINGS]. Jim Hildreth, 120 The Grand Canal, thanked the City Clerk for the accuracy of the minutes. Motion by Council Member Glover to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None 8. BUCK GULLY PUMP STATION REHABILITATION (C -3368) — AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH THE KEITH COMPANIES (contd. from 9/11/01). Mayor Adams stated that he had concerns about the City engaging a consultant to do design work on a single pump station for approximately $86,000, and then increasing that amount by $39,000. He stated that he thought it was customary for agencies to have thresholds for increases to contracts. Mayor Adams stated that he understood the justifications for the contract under discussion, but requested that staff look at developing a policy that addresses such significant increases in contracts. Motion by Mayor Pro Tern Ridgeway to approve Amendment No. 1 to The Keith Companies for additional design services for Buck Gully Pump Station Rehabilitation and upgrades to the Carnation and Linda Isle pump stations and to authorize the Mayor and City Clerk to execute the amendment for a fee of $39,220. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None 23. AFFORDABLE HOUSING TASK FORCE RECOMMENDATIONS ON PROPOSALS FOR SENIOR AFFORDABLE HOUSING. Paul Fruchbom, 1132 Ebbtide, stated that his company, KDF Communities, LLC, responded to the Request for Proposals (RFP) to provide senior affordable housing in the City. He stated that KDF's submittal included a proposal for a KDF "City Partners" Housing Volume 54 - Page 482 INDEX C -3368 Buck Gully Pump Station Rehabilitation/ Amendment 1 (38) Senior Affordable Housing (68/87) City of Newport Beach City Council Minutes September 25, 2001 INDEX Program where KDF would assist the City in developing common objectives and attempt to execute them. Mr. Fruchbom suggested that the City enter into a development agreement with KDF to look at the options that might be available. He asked that the Affordable Housing Task Force meet with his firm to see if something could be executed in the City. Motion by Mayor Pro Tern Ridgewav to decline all proposals; direct staff to continue exploring use of in -lieu fees to provide affordable housing; and refer the item to the Affordable Housing Task Force for a recommendation. Council Member Glover noted the units in the City that were built in the 1950's, 1960's and 1970's, and stated that they provide viable housing, but have the possibility of being torn down. She requested that staff provide an inventory of such apartments in the City and provide information on how they might be preserved and used for senior housing. Council Member Glover expressed her concern for the elderly people currently living in the City who may not be able to continue doing so. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None K. PUBLIC COMMENTS Robert Hanley, 1601 Indus Street, Santa Ana Heights, stated that he is working on a reunion for the 90th Bomb Group, known as the Jolly Rogers. He stated that the reunion is being scheduled for 2003 and he is looking to the City for some financial assistance. Mayor Adams suggested that Mr. Hanley also contact the Newport Beach Conference and Visitors Bureau. Mayor Pro Tern Ridgeway additionally suggested that Mr. Hanley work with the City Manager and the American Legion. Jim Hildreth, 120 The Grand Canal, stated that, "it is disturbing to note that the change in City Council Policy A -10, adopted on August 28, 2001, is regarded as retroactive. Equally disturbing is the current attitude of Mr. Bludau, the City Manager, and Mr. Burnham, the City Attorney, in their willful refusal to address any of my inquiries concerning the actions of Mr. Melum's office. This is evident in Mr. Burnham's letter dated September 12, 2001, in which he ignores the possibility of misdirected mail from Mr. Melum's office, which may have been done purposefully. Letters have been found in envelopes addressed to 120 Grand Channel. He ignores the safety aspect of the Volume 54 - Page 483 City of Newport Beach City Council Minutes September 25, 2001 INDEX City - installed ladder in The Grand Canal, which is inadequate for boat access. Mr. Bludau has repeatedly stated that the City does not have possession of the documents I request. By this I must assume that an outside agency or, under contract, a private company or corporation has custody of them. I hope the proper procedure on how to obtain copies of these requested documents will be divulged to me. Note that my major concern for the residential pier /mooring location at the southwest end of The Grand Canal has been and always will be a matter of safety. Mr. Melum's office had a platform and steps structure, adequate for safe boat access and designed for use on The Grand Canal, removed and replaced with an inadequate City - installed vertical metal ladder. I am reminded that on February 2, 2001, Mr. Bludau informed me that coverage for my use for this City - installed ladder does not exist in the City's insurance policy. Am I the only person excluded from the insurance policy for the City? Could either general or strict liability insurance coverage exist for others who use this City - installed ladder? It seems that the City - installed ladder may lack any liability insurance coverage and members of the community should at least be aware of this and a 'Use at Your Own Risk' sign should be installed and secured to the ladder." Mayor Adams stated that the City Council will not be directing staff to do anything differently than they already are. Phil Arst, spokesperson for the Greenlight group, stated that the map that is being inserted in the ballot pamphlet for Measure G is unduly biased and favors the developer. He stated that the Elections Code does not authorize the insertion of such a map. He added that the City Attorney has recommended using a clause from a statewide election set of rules, but is not following the entire clause. Mr. Arst stated that if the map is to be included, a rebuttal should be allowed. Mr. Arst presented a map that would provide the information that the voter needs to make their decision, such as the intersections that will have long -term degradation and the distance of the project from residential areas. Mr. Arst urged the City Council to allow a fair election and remove the map from the pamphlet. Mayor Adams deferred the matter to the City Attorney and City Clerk's offices to respond to the comments made by Mr. Arst. City Attorney Burnham stated that the City Clerk is the elections official and is responsible for preparing and submitting the materials that are presented to the voters. He added that the City Council does not have the authority to intervene. Council Member Glover stated that she had no intention of undermining the City Clerk on her decision. She added that with the success of the Greenlight measure, she didn't see why they would have a problem gaining support to oppose the project. Per Council Member Heffernan's question, City Clerk Harkless explained that the map was provided by the Kell Company. She stated that when a map was discussed as being included in the ballot Volume 54 - Page 484 City of Newport Beach City Council Minutes September 25, 2001 INDEX pamphlet, she requested the map trom the Koll Company since they were responsible for bearing the hard costs. Council Member Proctor confirmed with City Attorney Burnham that the City cannot legally address the issue and that it is the court that would take up such challenges. Council Member Bromberg asked if there was a standard for when information is included in the ballot pamphlet. City Attorney Burnham stated that he isn't aware of one, but that it is the court that has the authority to remove information. Council Member O'Neil pointed out that Mr. Arst can take his matter to court if he disagrees with the City Clerk's decision. Mr. Arst stated that he would prefer not to be adversarial, but thinks that Greenlight should have been consulted prior to the decision being made. Mayor Adams stated that the City is learning how to apply Greenlight. City Manager Bludau stated that the election responsibilities are vested with the City Clerk to prevent influence from the City Council or the public. • Peggy Fort, 416 Via Lido Nord, representing the Balboa Village Business Improvement District (BID), stated that the BID is working in conjunction with City staff on a number of very exciting marketing projects for the Balboa Village area. She stated that an implementation poster should be completed this week and will be used in an outreach campaign. She additionally announced that a new website would be launched in October at www.BalboaNewnortBeach.com. • Gay Wassall- Kelly, 409 E. Edgewater, President of the Balboa Merchants Owners Association, invited everyone to the PT Cruiser Car Show to be held on September 29 and 30, 2001, in the Balboa Village. She presented t- shirts and coupon books to the City Council. • Manley Bland, PT Cruiser Club President, played a recording of the radio ad being heard on K -EARTH radio station for the event, California Kruisin' Days 2001. Mr. Bland stated that it had been a pleasure working with the Balboa Merchants Association and the City. Council Member Ridgeway stated that he was planning to attend the event and he wished them the very best. He added that work on the Balboa Village Improvement Plan would begin in mid - October, and this would be a precursor to that project. • Russell Niewiarowski, Santa Ana Heights, President of The New Millennium Group (TNMG), announced that TNMG would be giving its first public presentation in Newport Beach. He stated that if everyone stands united, an airport at E1 Toro can be secured. He stated that TNMG is being applauded for its efforts to bring a reasonable alternative airport to Orange County, one that is downsized and Volume 54 - Page 485 City of Newport Beach City Council Minutes September 25, 2001 utilizes the V -Plan. He stated that he doesn't feel that the Just the Facts campaign presents the facts. He encouraged everyone to attend the TNMG presentation on September 27, 2001, at the Lido Island Yacht Club. Lastly, Mr. Niewiarowski presented the Reasonable Alternative Airport Initiative and announced their website at www.ocxeltoro.com. Patrick Merritt, 134 47th Street, stated that he was told by the Planning Department earlier in the day that his condominium is a duplex, and not a condominium. He stated that it went through the entire conversion process and is listed properly in the title as a condominium, but the City is requiring that he start the conversion process over. He asked if something else could be done. Mayor Adams suggested that Mr. Merritt meet with City Manager Bludau. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Heffernan reported that the Telecommunications Committee met recently and has three objectives. He stated that in January 2002, the two existing cable franchises', Adelphia and Cox, contracts expire. He stated that the Committee will be doing a needs analysis in preparation for the expected ten -year extension of the contracts, to find out what the residents want. Secondly, Council Member Heffernan stated that the Committee is planning to look into a potential regulation for limiting utility and cable devices throughout the City. Lastly, he stated that the Committee is looking at regulations for right of way use. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 26. PLANNING COMMISSION AGENDA FOR SEPTEMBER 6, 2001. [MEETING CANCELLED] (contd. from 9111101). Planning Director Temple stated that the Planning Commission meeting of September 6, 2001, was cancelled due to lack of agenda items. 27. PLANNING COMMISSION AGENDA FOR SEPTEMBER 20, 2001. Planning Director Temple stated that the Planning Commission meeting of September 20, 2001, contained four items and that two of the items were continued to the Planning Commission's meeting of October 4, 2001. She stated that the one of the items continued involved a use permit and the other an offsite parking agreement. Planning Director Temple stated that the Planning Commission did review an item regarding a variance to exceed the basic height limit on Ocean Boulevard, with the primary issue being that the structure's original design exceeded the curb height limit. The applicant Volume 54 - Page 486 INDEX Planning (68) Planning (68) City of Newport Beach City Council Minutes September 25, 2001 N. redesigned the project to meet the curb height limit and the Planning Commission approved the variance. Planning Director Temple stated that the Planning Commission also took action on a use permit for a preschool on Ford Road to add an additional classroom. She reported that the Planning Commission approved the application. Council Member Heffernan asked what the reasoning was for reducing the front yard setback on the property on Ocean Boulevard. Planning Director Temple stated that in this part of Ocean Boulevard, nearly every home has been authorized to encroach into the ten -foot front yard setback due to a 40 -foot parkway that sets the property lines back from the curb lines. Council Member Glover asked about an item on the agenda regarding Kings Road that was approved by the Planning Commission and before the end of the meeting, but after the applicant had left, the decision was changed. Planning Director Temple stated that the change continued the item to the Planning Commission meeting of October 4, 2001. She added that the rules and procedures of the Planning Commission allow for motions for reconsideration. Council Member Glover stated that it is not good City policy to make a decision on a project and then revote on it after the applicant has left. She added that she understands that it is legal, but feels that it is inappropriate. Motion by Council Member O'Neil to receive and file the reports of the September 6, 2001, and September 20, 2001, meetings. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None 28. DESIGN STANDARDS FOR MANUFACTURED HOUSING (contd. from 9/11/01). City Manager Bludau stated that the item was on the agenda at the request of Council Member Glover. Planning Director Temple stated that she and Assistant City Attorney Clausen did a considerable amount of research on design standards for manufactured housing. It was found that the City cannot preclude the installation of manufactured housing in single - family residential neighborhoods, but does have the ability to impose certain restrictions on design requirements. Planning Director Temple stated that the restrictions allow the City to require a minimum quality of design and a Volume 54 - Page 487 INDEX Res 2001 -82 Manufactured Housing (68) City of Newport Beach City Council Minutes September 25, 2001 relatively recent manufacture. She added that she and the Assistant City Attorney would continue to monitor the situation and present modifications to the City Council as they're discovered. Council Member Glover expressed her appreciation for what staff was able to accomplish. She agreed that other communities' regulations should continue to be monitored and any suggested changes brought to the City Council's attention. Motion by Council Member Glover to adopt Resolution No. 2001 -82 initiating an amendment to the Newport Beach Municipal Code The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None 29. RESOLUTION IN OPPOSITION TO THE DISCHARGE OF PRIMARY TREATED EFFLUENT OFF OF THE ORANGE COUNTY COASTLINE. Mayor Adams stated that Dr. Jan Vandersloot contacted him earlier in the day and suggested a change to the title of the resolution. Assistant City Manager Kiff stated that at the Study Session of July 24, 2001, the City Council discussed whether to support or oppose a possible request by the Orange County Sanitation District (OCSD) to reapply for a third consecutive waiver of the Federal Clean Water Act. He explained that all of the sewage from Newport Beach goes to the City's collection system and then to OCSD sewage treatment facilities, where half of it goes through a primary treatment process and the other half additionally goes through a secondary treatment process. The treated sewage is then piped out approximately 4 % miles out into the ocean. Not performing full secondary treatment of the sewage is allowed by the waiver. Assistant City Manager Kiff stated that in July, the City Council referred the item to the Harbor Quality Committee. At their meeting on September 13, 2001, the Harbor Quality Committee adopted a recommendation to forward the proposed resolution to the City Council. Assistant City Manager Mff displayed an amended resolution, which incorporated the title change suggested by Dr. Vandersloot as well as some additional recommended changes. Council Member Glover asked for more information about who sits on the OCSD Board. Mayor Pro Tern Ridgeway stated that there are 25 voting members on the Board, and that he is one of them. Volume 54 - Page 488 INDEX Res 2001 -83 Discharge of Primary Treated Effluent (51) City of Newport Beach City Council Minutes September 25, 2001 INDEX Council Member Glover asked for Mayor Pro Tem Ridgeway's assessment of the possibility that the Board would oppose the application of the waiver. Mayor Pro Tem Ridgeway stated that the Ocean Outfall Group, which is a group that has been lobbying the cities in Orange County to oppose the application of the waiver, has made tremendous headway. Mayor Pro Tem Ridgeway stated that when the application for the waiver was voted on by the Board three years ago, there were only three votes in opposition. He felt that there would be eight, nine or ten this time, due to the higher level of conscience at the OCSD. Additionally, he felt that with the closure of Huntington Beach two years ago and the unknown results of the tests that are currently being done off the coast, the waiver may not be applied for. Motion by Mayor Pro Tem Ridgeway to adopt amended Resolution No. 2001 -83 opposing the discharge of primary treated effluent off of the Orange County coastline; and direct staff to transmit the resolution to the Orange County Sanitation District, the US Environmental Protection Agency (Region 9), and the California Regional Water Quality Control Board, Santa Ana Region. Council Member Bromberg stated that he has learned quite a bit as a member of the Harbor Quality Committee. He stated that it is interesting to learn what goes through the sanitation pipes, what goes out into the ocean and what can end up on the beaches. He stated that the adoption of the proposed resolution sends a message. He acknowledged those that attend the Harbor Quality Committee meetings. Council Member Heffernan noted that there are 15,000 sewer districts in the United States, only 36 have the waiver from the Environmental Protection Agency (EPA), and the OCSD is the largest district of the 36. In regards to the proposed resolution, Council Member Heffernan asked if the City could also advocate UV disinfection. Mayor Pro Tem Ridgeway stated that it could be made a part of the motion, but the greater message is already sent with the current motion. He stated that there are several methods to remove organic solubles, and added that full secondary treatment does not remove all of the organic solubles. He stated that the OCSD is working hard with the Ocean Outfall Group and the Board to look at alternate methods that may cost less money. Mayor Pro Tem Ridgeway stated that full secondary treatment will probably cost approximately $400 million, plus the operational costs. He stated that the ratepayer would probably see a doubling of their sanitation bill. He added that the OCSD in conjunction with the Orange County Water District voted in April 2001 to recapture approximately 100 million gallons of the effluent per day, perform treatment and inject it back into the groundwater basin. He stated that the inland cities already do full tertiary treatment on the effluent, which also reaches the Santa Ana River and the Orange Volume 54 - Page 489 City of Newport Beach City Council Minutes September 25, 2001 County aquifer. Ioli1]a►V Doug Cordof£, Seal Beach, stated that Seal Beach has taken a position against the waiver and he expects that many of the inland cities will also. He stated that he doesn't agree that the ratepayer's bill will double with the new treatment, noting that the OCSD is sitting on reserves totaling $554 million. He stated that they've borrowed this money using tax -free bonds and are using the money not to treat sewage or to go to full secondary treatment, but instead they're loaning it out and making a profit. He stated that this is not proper use of the money, and that they have plenty to offset the costs of additional treatment. Dr. Jan Vandersloot, Newport Heights, Founder and Director of the Ocean Outfall Group, which was formed December 2000. He displayed several overhead transparencies showing the extent of the sewage plume and fecal coliform bacteria. He pointed out how closely the plume lies to Newport Beach. He showed transparencies, which represented a thirteen -year period at various depths of water. Dr. Vandersloot stated that the new study being done by the OCSD is unnecessary, since the data already exists. He stated that the Ocean Outfall Group is actually asking the EPA and Regional Water Quality Control Board to reopen the permit based on new information recently discovered from tests done in 1996. He asked for the City Council's support of the effort. Joey Racano, 613 Pecan Avenue, Huntington Beach, Ocean Outfall Group, stated that it is important to realize that the groundwater replenishment system intends to send the micro filter return out the outfall. He stated that it won't increase the amount of sewage, but it will increase the concentration of impurities. Tertiary treatment has been shown to work better on secondarily treated sewage. Mr. Racano asked the City Council to approve the recommended action and oppose the waiver. He stated that a clean ocean is possible and the Ocean Outfall Group will continue with its city -to -city campaign. Council Member Glover stated that it is very important that the Ocean Outfall Group do a city -to -city campaign to educate all of the cities. Dennis Baker, 706 % Begonia, Ocean Outfall Group, stated that Assistant City Manager Kiffs report is excellent and has been presented to other City Councils in the Group's city -to -city campaign. Mr. Baker stated that full secondary treatment is only a step towards full tertiary treatment. He added that he hopes to see total reclamation in his lifetime. He concluded by stating that there are hopes that the Board will oppose the application of the waiver due to the extensive coverage of the topic. Council Member Heffernan suggested that staff find out what level of treatment other oceanfront communities are performing. Mayor Pro Tem Ridgeway stated that Los Angeles County does full Volume 54 - Page 490 City of Newport Beach City Council Minutes September 25, 2001 INDEX secondary treatment and are not seeking the waiver. City Manager Bludau added that San Diego County does modified secondary treatment. Greg Jewell, 8622 Laramie Circle, Westminster, Surfrider Foundation member, stated that much of the prosperity of Newport Beach is due to the beach. He stated that the waiver has spawned a sewage plume of approximately 18 square miles and is remarkably close to the beaches. He stated that the OCSD offsets costs and generates revenue by not treating sewage to full secondary standards, while continuing to discharge it into the ocean. He requested that the City Council vote against the renewal of the waiver. Don McGee, 20701 Beach Boulevard, Huntington Beach, stated that some of the inland communities don't understand what the issue has to do with them. He added that the United Kingdom privatized their treatment facilities in 1989 and, although OCSD is not private, they act like they are. He stated that the United Kingdom used to meet only the minimum requirements of their 1976 clean water act, but the death of a child due to contact with fecal coliform contamination at the beach changed the situation. Mr. McGee stated that there are reasons why the OCSD is governed by the Federal Clean Water Act, which requires full secondary treatment, but noted that the OCSD continues to apply for a waiver to allow them to do less than the minimum. He concluded by stating that common decency dictates that the ocean cannot be used as a toilet. Vic Leipzig, Executive Director of Orange Coast Watch, explained that his environmental organization is different in that it is business based and shows the breadth of the issue. He stated that the organization was started about a year ago and recognizes the importance of beach recreation to the Orange County economy. Mr. Leipzig stated that the concern for clean water is not just a coastal issue, but is of concern to residents throughout the County. He stated that his organization will work with the Ocean Outfall Group. Larry Porter, Newport Beach resident, stated that the discharge includes not only bacteria, but also viruses, pharmaceuticals, hormones and endocrine disrupters. He stated that the OCSD needs to include this information in their arguments. He urged the City Council to vote for the recommended action. Jim Colson, OCSD Senior Regulatory Specialist, stated that there are technical and practical reasons why the OCSD requests that the City Council not adopt the proposed resolution. He stated that the OCSD has been monitoring the ocean environment along the shoreline for decades, identifying issues and tackling problems. He stated that the OCSD has an innate understanding and concern for wanting to protect the beaches for recreation, and added that that the data collected has not found that the plume is making its way into the areas where people are recreating. Mr. Colson stated that if it is found that the plume is impacting the shoreline, there are options for treatment. He explained Volume 54 - Page 491 City of Newport Beach City Council Minutes September 25, 2001 that secondary treatment is a biological treatment process and does an adequate job of removing soluble, biological material and some solids. He stated that the waiver only addresses biological oxygen demand and the total suspended solids, and does not alleviate the OCSD from any of its State obligations. He added that secondary treatment is not a form of disinfection and only removes 70% to 90% of the pathogens. Mr. Colson concluded by stating that the OCSD is going to review the data from the studies currently being performed, review the company's strategic planning process and determine what is the most effective way to address any concerns. He stated that not renewing the waiver puts the OCSD in a difficult situation in negotiating with the regulators. Dr. Jeff Armstrong, 1211 E. Culver Avenue, Orange, OCSD Ocean Monitoring Program Scientist, stated that there is no scientific evidence to justify full secondary treatment. He pointed out that requiring the OCSD to increase its treatment process will affect 2.4 million people and need up to $400 million of taxpayer funds. He added that the new treatment would affect more than the ocean environment. He explained that it would also affect the air, land and energy. Dr. Armstrong stated that the issue should be based on the facts and he didn't think that the City Council was getting all of the facts. In conclusion, he stated that the transparencies of the plume shown earlier were misleading. Claudia Owen, Vista Dorado, representing Stop Polluting Our Newport (SPON), stated that SPON is in favor of the resolution and opposed to the waiver. In response to comments made by the OCSD representatives, Council Member Bromberg stated that the City Council is an informed group and does understand the issue. Additionally, he stated that saying that the current treatment is adequate is not good enough. He stated that he wants the best he can get. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None 30. RESOLUTION AUTHORIZING SUPPLEMENTARY SALARY PAYMENTS TO CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY. Motion by Council Member O'Neil to adopt Resolution No. 2001 -54. The motion carried by the following roll call vote: Volume 54 - Page 492 INDEX Res 2001 -84 Supplementary Salary/ Active Military Duty (66) City of Newport Beach City Council Minutes September 25, 2001 31. Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None OCEAN PIER REHABILITATION (C -3312) — AWARD OF CONTRACT. City Manager Bludau stated that the item was not placed on the Consent Calendar due to the amount of the project. He stated that there was only one bid received for the project and it was above the engineer's estimate, but that the City can still make it work due to interest from the Oil Spill Fund. He added that timing is of the essence. Motion by Mayor Pro Tern Rideeway to award contract (C -3312) to John S. Meek Company, Inc. for the total bid price of $2,699,440 and authorize the Mayor and the City Clerk to execute the contract; establish an amount of $200,560 to cover the cost of testing and unforeseen work; and authorize a budget amendment (BA -008) in the total amount of $823,000 for the following: appropriate Oil Spill Fund interest earnings in the amount of $324,000 to Account No. 7295- C5100565; appropriate $250,000 from the unappropriated balance of the Water Enterprise Fund to Account No. 7501- C5100565; and transfer $249,000 from Ocean Front Walkway Project Account No. 7295- C5100568 to Account No. 7295- C5100565. Council Member Glover asked if the deck on both of the piers would be replaced with concrete, Public Works Director Badum stated that the old concrete would be stripped, the substructure replaced and a smooth surface restored. She confirmed that concrete would be placed on top of the wooden deck. Council Member Glover suggested that cool concrete be used instead of warm concrete. Noting that the bid received was 26% higher than the estimate and only one contractor submitted a bid, Council Member Heffernan asked if the City is concerned about the qualifications of the contractor and their ability to stay on schedule. Public Works Director Badum stated that the John S. Meek Company has done most of the City's pier work over the years and has done good work. He stated that the high bid price was mainly due to changes made by staff during the design process, and added that the marine contractors are a specialized group, with many already working on larger projects in the ports. Mayor Adams asked if there were plans to address the condition of the lifeguard station at the Newport Pier. Public Works Director Badum stated that the lifeguard renovation is a separate project in the Oil Spill Fund. Mayor Adams stated that the area is a main focal point in the area for beachgoers and the current condition of the building is embarrassing. City Manager Bludau stated that it's in this year's Capital Improvement Program. Mayor Adams stated that it shouldn't Volume 54 - Page 493 INDEX C -3312 BA -008 Ocean Pier Rehabilitation (38/40) City of Newport Beach City Council Minutes September 25, 2001 INDEX have gotten as bad as it is. Mayor Pro Tem Ridgeway suggested that the pedestrian area at the Newport Pier is also in need of rehabilitation. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None P. MOTION FOR RECONSIDERATION — None. Q. ADJOURNMENT — at 9:32 p.m. in the memory of our fellow citizens who died in the attack on New York and Washington D.C. ** * * * * * * * * * * * * * * * *** * * * * * * * * * ** The agenda for the Regular Meeting was posted on September 19, 2001, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording ee ary Mayor Volume 54 - Page 494