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HomeMy WebLinkAbout01 - 02-28-2006 MinutesCity Council Meeting March 14, 2006 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes DRAFT Study Session February 28, 2006 — 4:00 p.m. ROLL CALL Present: Council Member Curry, Council Member Selich, Mayor Webb, Council Member Ridgeway Absent: Mayor Pro Tem Rosansky, Council Member Daigle, Council Member Nichols (Council Member Nichols and Mayor Pro Tem Rosansky arrived late.) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR - None 2. STATUS REPORT ON LOWER BAY DREDGING AND ENFORCEMENT ISSUES. [100 -2006] Using a PowerPoint presentation, Harbor Resources Manager Rossmiller explained why dredging of the harbor is needed. He provided a brief history of dredging in the harbor and displayed a 1919 dredging plan and a dredging timeline covering 1906 to present. Council Member Nichols joined the meeting at 4:09 p.m. Mayor Pro Tem Rosansky joined the meeting at 4:14 p.m. Manager Rossmiller displayed an aerial photo of the Orange County area and stated that dredging of the lower bay can only be successful when combined with a comprehensive source control program with the City's watershed partners. He stated . that approximately $145 million has been spent in the watershed to control the sediment that enters the bay. Manager Rossmiller stated that if the dredged sediment meets certain quality criteria, it can be reused. If it has to be disposed of, it is taken to a site in the ocean called LA -3. He displayed a drawing showing the location of LA -3 and noted that it has been used for disposal every year since 1976. Additionally, Manager Rossmiller displayed a map showing the areas to be dredged in the lower bay dredging project. Continuing with the PowerPoint presentation, Larry Paul, consultant, explained the strategy being used to obtain funding for the lower bay dredging project. Manager Rossmiller stated that the regional general permit renewal is an important part of the comprehensive lower bay dredging project. He explained what the regional general permit is, its benefits, the status of the current renewal process and key aspects of the new permit. The renewal is expected to be approved by the end of April 2006. He also explained the work being done to maintain the eelgrass Volume 57 - Page 566 City of Newport Beach Study Session Minutes February 28, 2006 habitat in the harbor and the importance of doing so Manager Rossmiller stated that there is another form of dredging done in the harbor and he displayed a map showing seven locations around Balboa Island where sand will be pushed up onto the beaches. He stated that the City tries to use existing sand sources when replenishing areas whenever possible. Lastly, Manager Rossmiller displayed information on how the council members and the general public can assist the City with its goals, which includes writing letters of support for continued funding for the City's dredging projects to Senator Feinstein and the Energy and Water Appropriations Committee. At the request of Council Member Selich, Manager Rossmiller displayed an aerial photo and pointed out the locations in the harbor that are private waterways and not the responsibility of the City to dredge. He noted that these dredges, if above certain quantities, require individual permits, but that lower quantity dredges can utilize the regional general permit process. Manager Rossmiller also provided the status of the City's new dock standards and noted that the Harbor Area Management Plan (HAMP) grant was received from the State Department of Water Resources. In response to Council Member Curry's question, Manager Rossmiller explained how a disruption in funding can affect the dredging schedule. At the request of Council Member Nichols, Manager Rossmiller explained how dredged sediment and sand has been reused in the past. In response to Mayor Pro Tem Rosansky's question, Manager Rossmiller provided examples of other cities that have owned their own dredging equipment and described some of the disadvantages to a municipality owning its own equipment. 3. DOGS ON THE BEACH. [100 -20061 Lieutenant Kaminsky provided a brief summary of his staff report. Using a PowerPoint presentation, he displayed an aerial photo of "Dog Beach" in the City of Huntington Beach, and showed the signs that are posted there and at other beaches in Huntington Beach. He also displayed photos and showed a short video to demonstrate some of the problems associated with dogs on beaches. Lieutenant Kaminsky briefly discussed the environmental concerns associated with dogs on beaches, as provided in his staff report. He stated that Laguna Beach is the only city of those surveyed that allows dogs on the beaches year round. He explained that the City of Newport Beach previously had a similar ordinance and that Laguna Beach is experiencing some of the same problems that Newport Beach experienced. Mayor Pro Tern Rosansky confirmed with Lieutenant Kaminsky that the Police Department is not recommending a change to the City's current ordinance. Council Members Ridgeway and Curry spoke in support of the current regulations. John Cunningham reported that the Board of Directors of the Balboa Island Improvement Association recently conducted an unanimous vote to request that the City prohibit dogs from Balboa Island beaches at all hours. He stated that a letter would be sent to the City Council formalizing this request. Volume 57 - Page 567 City of Newport Beach Study Session Minutes February 28, 2006 4. INSURANCE RENEWALS - WORKERS COMP /GENERAL LIABILITY /PROPERTY. [100 -2006] Human Resources Director Ramsey provided a summary of the items that would be before the City Council at the regular meeting. These included Item Nos. 8, 9 and 10, Excess General Liability Insurance Renewal, Excess Workers Compensation (WC) Insurance Renewal and Property Insurance Program Renewal. Mark Zahoryin, Senior Vice President, Brown & Brown Insurance, the City's broker, provided a brief overview of what is done each year to negotiate insurance for the City. He explained the current market conditions for excess general liability, excess workers compensation and property insurance, and how the market conditions and expectations affect his market selections. Mr. Zahoryin stated that he's pleased with the results and described what those are for the three types of insurance. In response to Council Member Curry's questions, Mr. Zahoryin stated that the Governor's reforms of two years ago had a significant affect, industry wide, because it gave insurance companies opportunities to legitimately lower workers compensation premiums. He additionally expressed his opinion as to the effect if the reforms were undone. Lastly, Mr. Zahoryin confirmed that, for a city the size of Newport Beach, the City's insurance coverage is comparable to other cities. In response to Council Member Selich's questions, Risk Manager Farley stated that the City paid approximately $980,000 for the workers compensation claims filed in 2004/05. She added that there were 147 claims filed and that these numbers are fairly average for the City. Most of the claims are from the Police, Fire and General Services departments. PUBLIC COMMENTS - None ADJOURNMENT - at 5:40 p.m The agenda for the Study Session was posted on February 22, 2006, at 3:35 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 57 - Page 568 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting February 28, 2006 — 7:00 p.m. STUDY SESSION - 4:00 p.m. CLOSED SESSION - None A. B. C. D. E. F. G. H. ROLL CALL Present: Council Member Curry, Council Webb, Council Member Ridgeway, CLOSED SESSION REPORT - None PLEDGE OF ALLEGIANCE - Coun,�i- INVOCATION - Reverend Dr. Geoge Methodist r; Council Pro Tem Rosansky, Mayor Council Menlber Nichols Church by the Sea United a Measure M reauthorization discussion on the March 14 Pro Tenf, Rosansky announced that this year's Relay for Life will be held on May 20 to and that the Newport Beach Film Festival will be held from April 20 to April 30. Mayor? -T.Tem Rosansky announced that staff will be conducting a survey of ocean front properties to determine which properties are encroaching onto the beach and which properties aren't paying the encroachment fee. Mayor Webb displayed a photo in which the 1st Battahon/lst Marines are flying the City flag under the American flag at the Camp Fallujah headquarters in Iraq. Mayor Webb announced that he and Mayor Pro Tem Rosansky attended the police retirement dinner for six officers. He noted that Congressman Campbell was also in attendance. Mayor Webb thanked Speak Up Newport and everyone who attended the Mayor's Dinner. Volume 57 - Page 569 City of Newport Beach City Council Minutes February 28, 2006 I. Council Member Ridgeway requested an agenda item for the next meeting relative to whether the Sergeant -at -Arms should continue to attend Council meetings. CONSENT CALENDAR READING OF WNUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING OF FEBRUARY 7, 2006 AND ADJOURNED REGULAR AND REGULAR MEETING OF FEBRUARY 14, 2006. 1100 -20061 Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. ffaive reading in full of all ordinances and resolutions under consideration. direct City Clerk to read by title only. ORDINANCES FOR ADOPTION 4. GENERAL PLAN AMENDM PROGRAM AMENDMENT NC 2006 -001 — CALTRANS W HIGHWAY (PA2006 -016). [ approving Code Amendt No. 5. FORMATION OF ' REDEVELOPMENT ;006 -001; LOCAD COASTAL AND CODE AME ENT NO. PERTY, 4850 WE- COAST Adopt Ordinance No. 2006 -7 ANTA ANA HEIGHTS Ordinance No. 2006 -8. 6. NITIATPUN OF A PRWANNEXATION GENERAL PLAN AMENDMENT ZONE CODE AMtNDMENT TO ESTABLISH A GENERAL PLAN A �*JNG DESIGNATION OF GOVERNMENT, EDUCATIONAL, q IN1T=ON , FACILITIES (GEIF), FOR PROPERTY NAULOC Q ED AT 10 7 "If DUSTRIAL WAY, IN THE CITY OF COSTA MESA t001-2ftl Adopt Resolution No. 2006 -18 initiating the General Plan endmebt and the Zone Code Amendment. 7. 'WEST NEWPORT STREETS AND ALLEYS PAVEMENT REHABILITATION -AWARD OF CONTRACT (C- 3723). 1381100 -20061 1) Approve the plans and specifications; 2) award the contract (C -3723) to All American Asphalt for the total bid price of $922;922 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $90,000 to cover the cost of unforeseen work and $13,500 for geotechnical services for roadway and asphalt compaction testing under the existing on -call professional services agreements; and 4) approve a budget amendment (06BA -046) in the amount of $61,580.75 from Account No. 7501- C5500386, Water Transmission Main Master Plan Improvements to Account No. 7501- C5100768, West Newport Pavement Rehabilitation. MISCELLANEOUS S. EXCESS GENERAL LIABILITY INSURANCE RENEWAL. 1100 -20061 Volume 57 - Page 570 City of Newport Beach City Council Minutes February 29, 2006 M Approve the renewal of the excess general liability insurance coverage for a twelve month policy with The Insurance Company of the State of Pennsylvania (an AIG Company) and Lexington Insurance (policy has a self - insured retention (SIR) of $500,000 and a $1 million SIR for Employment Practices Liability Insurance (EPLI). 9. EXCESS WORKERS COMPENSATION (WC) INSURANCE RENEWAL. [100 -2006] Approve the renewal of the excess workers compensation coverage for a twelve month policy with a self - insured retention (SIR) of $1 million, statutory coverage limited and premium for FY 2006/07 as outlined in staff report. 10. PROPERTY INSURANCE PROGRAM RENEWAL. 00 -2006] Approve the renewal of the property insurance program f g remium of $634,155. 11. BUDGET AMENDMENT - SURFING/ ING/TE 1S. [100 -2006] Approve a budget amendment (06BA- 047)_jri the amount of $ 302 to enhance the City's recreational programs. 12. AUTHORIZATION FOR THE PiJRCHASE OF THREE VEHhES. [loo- p Authorize the purchase of twdard OF and a 16 yard rear loader for $135,500. City Manager Bludau indicated that the ordnance relative to the Bayside Residential Planned Community (Item 3) needs revisions andeque,i that it be pulled from the Consent Calendar. Motion by Mayor Pro m RosanskV to approve the' Consent Calendar, except for the item removed (Item 3). T � The motion car and by the;following roll c vote: 1 Ayes Council Meter Oib�** _Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, :r oun emb Ridgew Gounc Xlember Daigle, Council Member Nichols VACATION ANDIVABANDONMENT OF A PORTION OF LA JOLLA DRIVE, LOCATiffi IN THE NEWPORT HEIGHTS AREA. [901.100 -2006] Traffievelopment Services Manager Edmonston provided the staff report and stated that ecause of the topography, the City most likely will never widen the street so supports the request. Mayor Pro Tem Rosansky believed that this would create an imoroved situation on La Jolla Drive. Motion by Mayor Pro Tem Rosanskv to adopt Resolution No. 2006 -19 ordering the vacation and abandonment of a portion of La Jolla Drive; direct staff to process the vacation; and direct the City Clerk to have the resolution recorded by the Orange County Recorder. Mayor Webb opened the public hearing. Jim Young questioned why the City would vacate the entire side of the street's right -of- way. He believed that property owners on the next street would think they now have lots on La Jolla and can build bigger houses or multi - family units. Volume 57 - Page 571 City of Newport Beach City Council Minutes February 28, 2006 K. L. Hearing no further testimony, Mayor Webb closed the public hearing. Planning Director Temple indicated that most of the lots that are westerly of Westminster Avenue are zoned R -2. She clarified that the Council policy states that, if garage access is via the alley, the property owner would not be given street access. Noting the size of the lots, she confirmed that, in order to subdivide the lot or build two homes, they would need to come to the City, there would have to be a minimum of 5,000 square feet on each lot, and the only way to have two separate ownerships on the R -2 lots would be to build a condominium. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayorr�io Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council „M'9' her Daigle, Council Member Nichols PUBLIC COMMENTS Rex Ricks stated that he lives in Huntington asked1AR ' how they'1w, puld feel if a desalination plant was proposed in their city. H o beheved that Supervisor Salta let them down relative to El Toro and recommended that Coun -not support him for the Assembly. Council Member Ridgeway clarified t1 because it already has the AES Power Webb cautioned that every city in C because it will run out in the future. Ad Hoc Genera they met yesterc Update _and the mailer went c City Manager a.m. and 1:30 to tcuss the new nydi, of the reason it's being proposed in Huntington Beach is u,take advantage of the intake and outfall. Mayor Lii a `° Rds to be'Weful how it manages its water COMMMTEE ACTIVITIES e (GPUC) - Council Member Selich reported that =rat Plan map under the proposed General Plan _3tical information. Further, they appointed a or with staff'lo!Aquble check the information. He announced that the first roks ago and reviewed the schedule for the public hearings. Assistant 3 rep,ed that the next public workshop will be on Saturday, April 1, at 9:00 at the OASIS Senior Center. Local Coastal ,-Program Certification Committee - Council Member Ridgeway reported tl t.their next_Iaeeting is on March 7 at 3:00 p.m. in the Fire Conference Room where they will be ietiewing the Implementation Plan which is also available on the City's web page. Maridbt# Joint Use Library Ad Hoc Steering Committee -,Mayor Webb announced that he toured the.library and the opening ceremony will be on April 20 at 11:00 a.m. City Centennial 2006 Committee - Mayor Webb reported that they will meet on Thursday at 3:30 p.m. on the Riverboat. City Council/Citizens Ad Hoc Committee for Marina Park Planning and City Coucnil Ad Hoc Marina Park Advisory Committee - Council Member Ridgeway reported that the hearing relative to the relocation plan will be on March 14. Newport Coast Advisory Committee - Council Member Curry reported that they will meet next on March 13 at 5:30 p.m. Volume 57 - Page 572 City of Newport Beach City Council Minutes February 28,2006 EQAC - Council Member Nichols reported that they met last night and will be preparing comments relative to the General Plan. Ad Hoc Telecommunications Committee - Councilmember Daigle reported that they have been discussing a media policy. Newport Beach/Irvine Borders Committee - Council Member Daigle reported that the Newport Beach members met with outside legal counsel and generated and sent a letter to Irvine that articulates the City's concerns with their development at the Cit2at er. City Hall Site Review Committee -Mayor Pro Tem Rosansky reporte they will meet next on March 6 in the Council Chambers and indicated that they arah'aill soliciting potential sites for City Hall. 00'� FUq ILU Facilities Finance Review Committee - Mayor Webb rep6hed that they met on Monday and will meet again on the March 13 at 4:00 p.m. He sta atey received rrts relative to future facilities needs and the City's financial stat SCAG Aviation Committee - Council Membe idgeway stated that they,:° discussed the airport system as it relates to the regional transp tion plan. He reported that they will be looking at a ground transportation s} Stem and noted ticat Southern California's requirement will be 170 Million Annual Passengers _t g (itifA���y 2030. aau 14. PLANNING COKMISSION ACtENI? FOR F RRUARY 23, 2006. [100 -2006] Planning.— Director Temple Vseviewed the following Planning Commission items: B pokfield Homes - 1301 Quail Street (PA2004 -251); JS Residential, L.P. - 801 Domingo Drive l. -110); ankire Facility Overlay for the proposed Fire Station in 15. 401 387H STREEW - APPEAL OF STAFF DECISION TO NOT ALLOW A NEW CURB OUT ON NEWPORT ISLAND. [100 -2006] Traffid/bevelopment Services Manager Edmonston provided the staff report and indi ted that they denied the request because, although the number of on- street F ng spaces will be maintained, it doesn't conform with the Council policy. Council ember Ridgeway believed that the policy isn't serving, the citizens well in this case and noted that the current curb cut is the only one on 38th Street. Motion by Council Member Ridgeway to 1) approve Encroachment Permit N2006- 0073; and 2) direct staff to condition the owner to close the existing curb cut fronting the property on 38th Street in conjunction with the construction of the proposed duplex. Ryan Vitt, property owner, displayed a model of the proposed new curb cut. The motion carried by the following roll call vote: Volume 57 - Page 573 City of Newport Beach City Council Minutes February 28, 2006 Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 16. BACK BAY SCIENCE CENTER - AWARD OF CONTRACT (C- 3460), APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DOUGLAS E. BARNHART, AND AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH GAIL PICKART. [381100 -2006] Assistant City Manager Kiff utilized a PowerPoint presentation to show what entities are involved in the project, how Shellmaker looks today and how it wrV, ook after the Back Bay Science Center (BBSC) is constructed, the floor plan of th SC, the phases of the project, the updated budget, issues for Council to co er, and the project timeline. He displayed the websites where people can get ormation and noted that the partners have been working on this project fora `i five s. In response to questions, Assistant City contribution is coming from the American Restoration Fund, the General Fund, and, that improvements like including a tidepi amphitheater are not in this phase as they i; Noting how much money is be_g,,;spent on the+ stated that he would like to see th6)&nev used in Council Citizens tidepool Member Ridgeway noted that, is- _*d;Ted'3there will not be; "as many }g' Kiff explained hat the City's ?r O' -Spill Fund, t - ;Newport Bay rs$ le Trailhead Fund a clarified Lure and the canvas coed over the to seek sponsors. �` Bay, Council Member Nichols mt Bay. Coastal/Bay Water Quality )port this. Further, when the visiting the Corona del Mar Motion R.Coulficil Member Ridgeway to 1) approve the plans and specifications; 2) a d ' % %wd„psckages (3 -16) for C -3460 as outlined in the staff report for the total` pri of $4 469 013"atto'authorize the Mayor and the City Clerk to execute the contra 3) es ish an amount of $245,000 to cover the cost of unforeseen work; an amount $260, to cover contracts for items to be re -bid; and an amount of $212,900 for profe tonal snort services, preconstruction services and relocation costs to move existing odular u ts; 4) approve a Construction Manager at Risk Agreement with Douglas`. E. Barnhart, Inc. authorizing compensation for an amount not to exceed $574,1 and authorize the Mayor and the City Clerk to execute the Agreement; 5) PPffoappr a Amendment No. 3 to Professional Services Agreement with Gail P. Pickart, r project management during construction for a not to exceed amount of $45,000 and authorize the Mayor and the City Clerk to execute the Amendment; 6) approve budget amendments (06BA -045) in the aggregate amount of $5,806,564 from Account Numbers 010 -3605 ($1,661,164), 230 -3605 ($311,000), 457 -4879 ($112,000), 457- 4879 -1 ($615,400), 457 -5927 ($69,000), 457 -4911 ($1,230,000), 457 -4930 ($308,000), 457 -4929 ($600,000), 457 -4940 ($400,000), 457 -4928 ($500,000) to Account No. 7457- C5100661. 7) authorize the City Manager to enter into a Funding Acceptance and Recognition Agreement with micoean for signage and an entryway monumentation that recognizes miocean's $500,000 contribution to the BBSC. Dr. Jack Skinner requested that Council support the motion and expressed his reasons why the BBSC is needed. Jack Keating, Newport Bay Naturalists and Friends member, stated that there is a Volume 57 - Page 574 City of Newport Beach City Council Minutes February 28, 2006 need for science -based education and that the BBSC will also conduct important research. David Souleles, Chief of Public Health Care Operations for the Orange County Health Care Agency, reported that they conducted 52,000 water quality tests in 2005 and urged Council to support the motion. Larry Eng, Regional Manager for the Department of Fish and Game, encouraged Council to support the project. Nancy Skinner emphasized that the BBSC is needed. _J Council Member Curry stated that this is the kind of investmen OThe City should be making into the community to enhance long term e i Djuefrtal quality and the enjoyment of the Bay. n. tK �� The motion carried by the following roll call vote: :;. Ayes: Council Member Curry, Council Member Sefich, Mayor Pro -"tp Rosansky, Mayor Webb, Council Member Ri{eway,,;.Gouncil Member Daigle Abstain: Council Member Nichols 24x,. - S17. BALBOA VILLAGE PHASEMI - AWARD OF CONTRACT (C- 3727). [381100- 2006] Council Member Ridgeway note that th1 p, the last base and that the City is finally seeing investments being made Anto this areasgfter se n years. He reported that the improvement- ''s phase are a dlacent to a t isPajor projects occurring in the area. Regard the environmental dotaxment, City Attorney Clauson clarified that staff has reviewe he pr, ect and deterim ed that it is categorically exempt and will be filing Motif -b C "` ncil MembsriRid wav to 1) Approve the plans and specifications; 2) award ` e coiict (C -3727) to L.H. Engineering Co. for the total bid price of $1,369,13.20 an, authorize the Mayor and the City Clerk to execute the contract; 3) establisban amou� of $100,000 to cover the cost of unforeseen work, and $15,000 for geotechncal services and materials testing, as needed under existing on -call Professional Services Agreements; and 4) approve a budget amendment (06BA -048) in the amount of $740,000 from the unappropriated Reserve for Capital Improvement FuuB balance (Account No. 010 -3776) to Account No. 7011- C5100543. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Sehch, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols O. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. BAYSIDE RESIDENTIAL PLANNED COMMUNITY - 919 BAYSIDE DRIVE (PA2004 -072). [100 -2006] Planning Director Temple reported that the amended lot sizes and setback arrangements, and an updated exhibit have been incorporated into the ordinance and Volume 57 - Page 575 City of Newport Beach City Council Minutes February 28, 2006 recommended that the ordinance be reintroduced and passed to second reading on March 14. She confirmed that this does not affect the applicant's schedule with the California Coastal Commission. Without objection, Council requested that "seawall" be changed to "bulkhead" in the Conditions of Approval. Motion by Council Member Selich to reintroduce Ordinance No. 2006 -6, as amended, approving Code Amendment No. 2005 -07 and adopting Planned Community Text No. 54. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayok Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Cou #1.1` vleAbgr Daigle, Council Member Nichols " =4 P. M OT�ON FOR RECONSIDERATION - None Q. ADJOURNMENT - at 8:30 p.m in memory of The agenda for the Regular Meeting was posted t- February 22, 2006, at 3:35 p.m. on the City Hall Bulletin Board 1 ted outside'Qf the City of Newport Beach Administration Building. The sup ental agenda for the Regular Meeting was posted on February 24, 2006, at 2 o p 3son the City. Hall Bulletin Board located outside of the City of Newport Beach Admi isiuR,tion Biding. City Clerk Recording Secretary Mayor Volume 57 - Page 576