HomeMy WebLinkAbout01 - Minutes - 10-26-2004Agenda Item No. 1
November 9, 2004
CITY OF NEWPORT BEACH
City Council Minutes
Special Meeting
October 26, 2004 - 4:00 p.m.
STUDY SESSION - Cancelled.
INDEX
CLOSED SESSION - 3:45 p.m.
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A. RECESSED AND RECONVENED AT 4:00 P.M. FOR SPECIAL MEETING
B. ROLL CALL
Present: Heffernan, Rosansky, Bromberg, Webb. Daigle, Nichols, Mayor
Ridgeway
Absent: None
C. CLOSED SESSION REPORT - None.
D. PLEDGE OF ALLEGIANCE - Council Member Rosansky
E. INVOCATION - Dr. John A. Huffman, Jr., Saint Andrews Presbyterian
Church
F. PRESENTATIONS - Leon Law stated that the Orange County Marathon will
be held on Sunday, December 5. He reported that their goals are to donate
$1 million to children's charities, create a world class event, and help fuel the
Orange County economy. He requested that people support the event and stated
that more information can be found on www.ocmarathon.com.
G. NOTICE TO THE PUBLIC
H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR
DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM):
Council Member Daigle thanked Mayor Pro Tem Bromberg for his
leadership in the City's sponsorship of the United States Marine Corp
First Battalion, First Marines. She stated that she is looking forward to
tonight's event.
Council Member Daigle reported that she attended a luncheon for the
National Women's Business Association in Orange County where over
800 women attended. She stated that a study conducted by the Women's
Research Center, underwritten by Wells Fargo, indicated that, of the
119,000 privately -held businesses in Orange County, 48% are owned by
women, they employ 226,000 people, and generate $39 billion in sales.
She reported that Valinda Martin, owner of Art for the Soul, was
recognized at the luncheon. She stated that she was a guest of Susan
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Johnson who owns Susan's Healthy Gourmet.
Mayor Pro Tom Bromberg reported that Mess Night is tonight and the
event is sold out. He noted that they are trying to raise money for the
families once the Marines deploy and reported that there will be $10,000
in the account. He added that people can donate to the fund even if they
aren't attending tonight's event by sending a check payable to the City of
Newport Beach and writing "1 /1" in the memo section of the check.
Mayor Ridgeway requested a future study session to look at establishing
a condominium conversion ordinance.
Council Member Rosansky requested an update relative to parking
requirements for medical office spaces.
I. CONSENT CALENDAR
READING OF MINUTESIORDINANC'ES AND RESOLUTIONS
1. Removed at the request of an audience member.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading
in full of all ordinances and resolutions under consideration, and direct
City Clerk to read by title only.
ORDINANCE FOR ADOPTION
3. ST. MARK PRESBYTERIAN CHURCH (PA2003 -085) - GENERAL
PLAN AMENDMENT NO. 2003 -002, PLANNED COMMUNITY
TEXT AMENDMENT NO. 2003 -001, USE PERMIT NO. 2003 -015,
TRAFFIC STUDY NO. 2004 -004, PARCEL MAP NO. 2004 -036 - 2200
SAN JOAQUIN HILLS ROAD. Adopt Ordinance No. 2004 -23
amending the Big Canyon Planned Community District Regulations.
CONTRACTS AND AGREEMENTS
4. MARINERS, CHINA COVE AND 62r-D STREET WASTEWATER
PUMP STATION REHABILITATION, INCLUDING FERNLEAF
AVENUE STREET IMPROVEMENTS - AWARD OF CONTRACT
(C -3585) (contd. from 10/12/04). 1) Determine that the project is
exempt from environmental review pursuant to Section 15302 of the
California Environmental Quality Act Implementing Guidelines;
2) approve the plans and specifications; 3) award C -3585 to GCI
Construction for the total bid price of $1,582,170 and authorize the Mayor
and the City Clerk to execute the contract; 4) approve Amendment No. 2
to Professional Services Agreement with PBSRJ for Final Design and
Construction Support Services for $27,800; and 5) approve a budget
amendment (05BA -018) transferring $350,000 from the Sewer Main
Master Plan Improvements Account No. 7531- C5600292, $23,000 from
the Sewer Access Road Maintenance Account No. 5600 -8186 and
$188,000 from the unappropriated Wastewater Enterprise Future
Infrastructure Reserve to the Sewer Pump Station Master Plan
Improvements Account No. 7532 - 05600100.
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C -3585
Wastewater Pump
Station Rehabilitation
(38/100 -2004)
City of Newport Beach
City Council Minutes
October 26, 2004
INDEX
5.
NEWPORT SHORES STREET END IMPROVEMENTS - PHASE I -
C -3669
COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3669). 1)
Newport Shores
Accept the work; 2) authorize the City Clerk to file a Notice of
Street End
Completion; 3) authorize the City Clerk to release the Labor and
Improvements
Materials bond 35 days after the Notice of Completion has been recorded
(35/100 -2004)
in accordance with applicable portions of the Civil Code; and 4) release
the Faithful Performance Bond one (1) year after Council acceptance.
6.
ORANGE COUNTY SANITATION DISTRICT COOPERATIVE
C -3737
AGREEMENT FOR LANDSCAPE MAINTENANCE AT THE "A"
Landscape
STREET PUMP STATION. Approve the "A" Street Pump Station
Maintenance
Landscaping, Parking, and Easement Agreement with the Orange
(38/100 -2004)
County Sanitation District (OCSD), in a form approved by the City
Attorney.
7.
IRN7INE AVENUE FROM UNIVERSITY AVENUE TO BRISTOL
C -3411
STREET WATER AND SEWER MAIN REPLACEMENT - AWARD
Irvine Avenue
OF CONTRACT (C- 3411). 1) Determine that the project is exempt from
Water and Sewer
environmental review pursuant to Section 15302 of the California
Main Replacement
Environmental Quality Act Implementing Guidelines; 2) approve the
(38/100 -2004)
plans and specifications; 3) award the contract (C -3411) to W.A. Rasic
Construction for the total bid price of $2,451,067 and authorize the Mayor
and the City Clerk to execute the contract; 4) establish an amount of
$246,000 to cover the cost of unforeseen work; and 5) approve a budget
amendment (05BA -023) increasing revenue estimates in the Water Fund
by $464,227.50 for the Costa Mesa Sanitation District (CMSD), 500 -4886,
and $454,767.50 for the Irvine Ranch Water District (IRWD), 500 -4887.
and increasing expenditure appropriations in the same amount in
Account No. 7501- C5500386.
MISCELLANEOUS ACTIONS
8.
RELEASE OF SURETY FOR IMPROVEMENTS CONSTRUCTED
C -3574
FOR TRACT NO. 16292 (CANNERY LOFTS) - USE PERMIT NO.
Cannery Lofts
2001 -022. 1) Accept the improvements constructed under Use Permit
(38/100 -2004)
No. 2001 -022; and 2) authorize the City Clerk to release the S600,000
faithful performance bond retained by the City as a guarantee for
completing the public improvements along the Villa Way, LaFayette
Avenue and 30�h Street frontages and the Rhine Channel.
9.
ACCEPTANCE OF U.S. DEPARTMENT OF JUSTICE COPS 2004
(100 -2004)
TECHNOLOGY GRANT. 1) Accept for administrative purposes. the
U.S. Department of Justice, Office of Community Oriented Policing
Services (COPS) 2004 Technology Grant Award in the total amount of
$296,843 for the Orange County Integrated Law and Justice Project; and
2) authorize the Administrative Services Director to establish revenue
and expenditure accounts in the Capital Improvement Budget to
facilitate the administration of these grants on behalf of the all municipal
police departments and the Sheriffs Department in Orange County
(05BA -022).
10.
BUDGET AMENDMENT TO ACCEPT A CHECK FROM
(100 -2004)
CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS TO
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MAINTENANCE AND OPERATIONS. Approve a budget amendment
(05BA -020) to increase revenue estimates by $7,095 in Account 4010-
4835, Library Services & Technology Act, and increase maintenance and
operation expenditure estimates by the same amount in Division 4010,
Library Administration.
11. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS
CITIZENS ADVISORY COMMITTEE (EQAC). Confirm Council
Member Daigle's appointment of Michael Browning as the District 4
representative to EQAC.
12. CODE AMENDMENT NO. 2003 -003 — AMENDMENT TO
MODIFICATION PERMIT PROCEDURES (PA2003 -080). Continue
to November 9, 2004 to allow time for proper public notice.
Motion by Mavor Pro Tern Bromberg to approve the Consent Calendar,
except for the item removed (1).
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Bromberg, Webb. Daigle, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
J. PUBLIC HEARING
13. REVIEW OF THE FY 2003 -2004 COMMUNITY DEVELOPMENT
BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER) TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
Community and Economic Development Program Administrator Trimble
reported that tonight's public hearing is to hear comments on the annual
performance report. He noted that the staff report lists their
expenditures for fiscal year 2003 -2004.
Mayor Ridgeway opened the public hearing. Hearing no testimony, he
closed the public hearing.
Motion by Mayor Pro Tern Brombere to approve the Draft
Consolidated Annual Performance and Evaluation Report.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent; None
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K. PUBLIC COMMENTS
Jim Hildreth indicated that people can write his name underneath Steve
Bromberg's name on the ballot as a write -in candidate and stated that he
agrees with "No on L ". He discussed an election flyer and believed that
Council Member Rosansky has a sign posted illegally on Balboa Island.
He believed that Mayor Pro Tern Bromberg violated the Brown Act by
voting on the bridge for Little Balboa Island.
L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Environmental Quality Affairs Committee (EQAC) - Council Member
Nichols reported that Assistant City Manager Wood, EQAC Chairman Hawkins,
and Phil Bettencourt did a good job explaining what EQAC does.
Mariners Joint Use Library Ad Hoc Steering Committee - Council Member
Webb reported that they will be meeting tomorrow at 4 p.m. in the Mariners
Elementary School multipurpose room to discuss the bid results.
Coastal/Bay Water Quality Committee - Council Member Rosansky reported
that they will be considering permeable concrete as a way to prevent runoff into
the bay, ocean, and harbor. Mayor Ridgeway added that this will be a cost item
to the City and private developments. He indicated that this has been looked at
before and is something that perhaps the time has come.
Newport Coast Advisory Committee (NCAC) - Assistant City Manager Kiff
indicated that their next meeting will be December 6.
M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
N.
14. PLANNING COMMISSION AGENDA FOR OCTOBER 21, 2004.
Senior Planner Campbell indicated that Item 4 (Sweeney residence) was
continued. He stated that Item 5 (Zotavich Fence) was an appeal of a
Modifications Committee decision and reported that the Planning
Commission overturned the Modification Committee's decision and
allowed the fence to be located at the property line.
Regarding Item 6 (St. Andrews Presbyterian Church Expansion),
Mr- Campbell reported that the item was continued to November Is. He
stated that the hearing mostly focused on the environmental impact
report, particularly parking concerns. Mr. Campbell confirmed for
Council Member Heffernan that the church has defined how big the
expansion is going to be, what the components are, and what the site plan
is. He added that the project has been downsized from the original
36,000 square foot project to 21,700 square feet.
15. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION
Motion by Mayor Ridcewav to confirm the nomination of Robert
Hawkins and Roberta Jorgensen as presented by the Ad Hoc
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Appointments Committee to fill the unscheduled vacancy as a result of
the appointment of Leslie Daigle to the City Council.
Council Member Heffernan requested that Michael Henn also be
nominated. Mayor Pro Tem Bromberg reported that the Ad Hoc
Appointments Committee interviewed four people; however, he noted
that they recently conducted interviews when Council Member Daigle
was appointed to the Planning Commission so they did not feel they
needed to interview a large number of applicants as they did before. He
confirmed that Mr. Henn was interviewed. He noted that they are
required to nominate at least two people for the vacancy, but indicated
that he does not mind adding Mr. Henn.
Mayor Ridgeway amended the motion to add Michael Henn to the
list of nominees.
In response to Council Member Nichols' questions, Mayor Ridgeway
reported that Council will receive the three applications with the next
agenda packet. Council Member Nichols suggested interviewing the
nominees during a Council meeting. Council Member Rosansky noted
that Council Member Nichols can contact the nominees or they can
contact him prior to the meeting.
City Manager Bludau stated that staff can provide Council with the three
applications in tomorrow's mail and Council Member Nichols can receive
them tonight prior to leaving on vacation.
The amended motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
O. CURRENT BUSINESS
16. BRIDGE SEISMIC RETROFIT — APPROVAL OF PROFESSIONAL
SERVICES AGREEMENT WITH DOKKEN ENGINEERING.
Mayor Pro Tom Bromberg noted that the Little Island Bridge has been
excluded from this item because staff is still investigating what is
involved with retrofitting or redoing the entire bridge.
Public Works Director Badum reported that the footbridge does not meet
current seismic standards, noting that the column supports need
reinforcement and the deck needs a restraining system. He believed that
they can reinforce the bridge without taking too much of the existing
character away. Mr. Badum reported that 80% of the funding will come
from federal funds.
Jim Hildreth took issue with page 5, Task 9.0 and that the agreement did
not go out to bid.
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C -3738
Bridge Seismic
Retrofit
(38/100 -2004)
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Mr. Badum clarified that a qualifications -based selection was conducted
in 1990 when the City chose Dokken Engineering. He explained that,
when professional engineers and consultants are hired, the City is
required to use the quality -based selection process, not the low -bid
process.
Motion by Council Member Webb to approve a Professional Services
Agreement in the amount of $278,848 with Dokken Engineering for
bridge seismic retrofit design and construction support, and authorize the
Mayor and the City Clerk to execute the agreement; and 2) approve a
budget amendment (05BA -021) appropriating $14,500 from the Gas Tax
Fund Balance, 180 -3605, to account 7181- C5100695, increasing revenue
estimates in Contributions Federal Highway Funds, 250 -4880, by
$240,000 and appropriating $176,147 to account 7251- C5100695.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
17. PROPOSED ORDINANCE REVISIONS: INCREASED TIME
LIMITS ON ALL PUBLIC PIERS IN NEWPORT HARBOR.
Harbor Resources Supervisor Miller utilized a PowerPoint presentation
and reported that the issue is whether the City should amend Title 17 to
increase the time limits on ten public piers in order to allow the boating
public more time to use land based facilities. He stated that the current
regulation only allows 20- minute tie -ups on all sides of the piers which
restricts users from spending time at land based facilities. He added that
some mooring permittees need extended time to go ashore for work or
personal reasons. Mr. Miller indicated that this has been under review
for years by the Harbor Committee, the Harbor Commission, and the
Newport Mooring Association (NMA), reporting that the Harbor
Commission generated a staff report that incorporated increased public
pier times for specific piers and for the dinghy storage concept. He noted
that Council reviewed the report and provided input during a December
2003 study session. He reported that the Harbor Commission
reevaluated their ideas and then unanimously approved the current
proposal in October 2004. Mr. Miller indicated that the proposal is to
allow 20- minutes on the bayward side, 2 -hours on the sides of the pier,
and 12 -hours for the upland side of the public pier. He reported that the
exceptions are at the Washington and Fernando Street pump out docks in
which the side of the pump out dock will be 20- minutes, and on the west
side of Opal Avenue in which there will be no docking for any amount of
time to allow the adjacent private dock ingress and egress.
Mr. Miller reported that there have been regular subcommittee meetings
with Harbor Resources, the Harbor Commission, NMA members, and
Harbor Patrol; several articles about this in the Doily Pilot, the Log, and
the Current; about 210 outreach letters to solicit community feedback;
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and public comments at Harbor Commission meetings. Further, the
public has been invited to open forum subcommittee meetings and all the
public piers have been posted prior to the Harbor Commission and
Council meetings. He stated that Harbor Resources has been
instrumental in developing this plan with the Harbor Commission and
the subcommittee, and are committed to enforcing the time restrictions.
He indicated that there is no environmental review, the Department of
Fish and Game does not have any issues with this proposal, and this
action was noticed according to the Brown Act. Mr. Miller indicated that
Council can decide to not adopt this proposal, amend the proposal and
then adopt it, or amend the proposal and send it back to the
subcommittee for additional review.
Jim Hildreth stated that the public's response has not been discussed.
He believed that the twenty 12 -hour parking locations are not enough for
people who are on liveaboards. He questioned enforcement.
Carter Ford, Vice President of the Newport Mooring Association, stated
that the association has been involved with this issue for a long time. He
indicated that their consensus is that they are in support of the proposal
and that this is a reasonable balancing act of the various needs.
Seymour Beek, Chairman of the Harbor Commission, stated that
discussions about public pier time limits was brought up years ago with
the Harbor Committee, particularly that Newport Bay was not visitor -
friendly. He indicated that there is no perfect solution for what the time
limits should be, but he believed they came up with a good proposal.
Mark Sites believed that enforcement is the key to this proposal and
there needs to be a continuing commitment from staff and the Harbor
Patrol.
Lt. Erin Giudice, Assistant Harbor Master for Orange County. stated that
everyone has put their heads together to come up with a proposal that is
going to serve everyone's best interest. She indicated that the 12 -hour
time limit works well with the deputies' shifts. She believed that
enforcement is easy with the use of zip ties or grease lines. She clarified
that a grease line is a pencil that marks the line and expressed concern
that the zip ties will be tossed into the bay.
Council Member Heffernan stated that Avalon has a three day dinghy
limit and they apply a thin seal around the cleat. Lt. Giudice indicated
that she will contact Avalon's harbor master to find out what is working
for them.
Motion by Council Member We to introduce Ordinance No. 2004 -24
amending Section 17.28.010 of the NBMC to increase the time limits on
all public piers in Newport Harbor and pass to second reading on
November 9, 2004.
The motion carried by the following roll call vote:
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Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
P. ITEMS REMOVED FROM THE CONSENT CALENDAR
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF OCTOBER 12, 2004.
Jim Hildreth referenced Item 17 (volume 56, pages 1283 and 1284) and
stated that it should be noted that the item was not opened to the public.
Motion by Council Member Webb to waive reading of subject minutes,
approve as written and order filed.
The motion carried by the following roll call vote
Ayes: Heffernan. Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor
Ridgeway
Noes: None
Abstain: '.None
Absent: None
Q. MOTION FOR RECONSIDERATION - None.
R. ADJOURNMENT - at 5:05 p.m. Mayor Ridgeway noted that the election
is next week and Measure L is on the ballot. He asked everyone to read
the material and believed that not voting is appropriate if people don't
know what Measure L is. He stated that this is the time for citizens of
the community to be responsible, study the Measure, and vote their
conscience.
t * *xxtttttttttttttt
The agenda for the Regular Meeting was posted on October 20, 2004, at
12:15 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
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