HomeMy WebLinkAbout08/23/2005 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
August 23, 2005 - 7:00 p.m.
STUDY SESSION — 4:30 p.m
CLOSED SESSION
A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
B. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tom Webb, Mayor
Heffernan, Council Member Daigle, Council Member Nichols
Excused: Council Member Ridgeway
C. CLOSED, SESSION REPORT - None
D. PLEDGE OF ALLEGIANCE - Council Member Rosansky
E. INVOCATION - Rabbi Marc Rubenstein, Temple Isaiah
F. PRESENTATION
Presentation of Check for Centennial - Victoria Lister, CEO of Newport Orthopedic
Institute, introduced the Board Members in attendance and presented Mayor Pro Tern Webb
with a check for $25,000. Recreation and Senior Services Director Knight reported on
Centennial preparations.
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
REPO RT N( ON- DISCUSSION ITEM):
Council Member Nichols requested verification of when the traffic counts were taken that
are being used for the General Plan Update.
Council Member Daigle announced that the Orange County Conference for Women will be
held on September 14 at the Balboa Bay Club. She reviewed the seminar sessions and
stated that more information can be found on www.ocwomen.org or by calling Susan Coulter
at (949) 644 -3128.
Mayor Heffernan asked when the traffic calming measures on the Port Streets will be
implemented.
Mayor Heffernan requested that a staff report be presented at a regular meeting relative to
the John Wayne Airport (JWA) expansion.
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I. CONSENT CALENDAR (Items 1 to
READING OF MINUTES/ORDINANCES ANDRES OLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR MEETING AND
REGULAR MEETING OF AUGUST 9, 2005 AND ADJOURNED
REGULAR MEETING OF AUGUST 11, 2005. Waive reading of subject
minutes, approve as written and order filed.
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.
CONTRACTS AND AGREEMENTS
4. APPROVAL OF AMENDMENT NO. 1 TO REIMBURSEMENT
AGREEMENT WITH IRVINE RANCH WATER DISTRICT (IRWD)
FOR JOINT UTILITY EFFORTS WITH THE IRVINE AVENUE 24-
INCH WATER MAIN TRANSMISSION MAIN REPLACEMENT
PROJECT (C -3411) 1381100- 20051. 1) Approve Amendment No. 1 to
Reimbursement Agreement with the IRWD for construction of additional
water main improvements in the amount of $689,082 for the City's Irvine
Avenue 24 -inch Water Transmission Main Replacement Project; and 2)
approve a budget amendment (06BA -010) increasing revenue estimates in
the Water Fund Account No. 500 -4887 by $805,393.01 from IRWD, and
increasing expenditure appropriations in the same amount in 7501 -
05500386.
5. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR
PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL
IMPACT REPORT FOR THE HOAG HOSPITAL MASTER PLAN
UPDATE PROJECT (C -3760) [381100- 20051. 1) Approve an amendment
to the Professional Services Agreement with BonTerra Consulting of Costa
Mesa for additional work required for preparation of a Supplemental
Environmental Impact Report for an additional amount not to exceed
$74,181; and 2) authorize the City Manager to sign the agreement.
6. MEMORANDUM OF UNDERSTANDING (MOU) WITH
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS (C-
2058) [381100- 20051. Continue to the September 13, 2005 Council meeting.
MISCELLANEO US_ACTIONS
7. CONSOLIDATION OF THREE LIBRARY PART TIME TECHNICAL
PROCESSING POSITIONS INTO ONE FULL TIME LIBRARY
TECHNICAL PROCESSING POSITION WITH SALARY SAVINGS OF
$1,582 [100- 20051. Authorize the consolidation of three part time library
technical processing positions into one full time technical processing library
position.
8. 2005/2006 CULTURAL ARTS GRANTS [100 - 2005]. Approve
recommended recipients for FY 2005/2006 Cultural Arts Grants as selectec
by the City Arts Commission in accordance with City Policy I -12 - Reserv(
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Fund for Culture and Arts
9. APPOINTMENT TO ENVIRONMENTAL QUALITY AFFAIRS
COMMITTEE [100 - 2005]. Confirm Council Member Daigle's appointment
of Laura Curran to the Environmental Quality Affairs Committee (EQAC).
Mayor Pro Tern Webb commented on Item 8; Council Member Daigle requested that
Item 3 be pulled; Council Member Daigle announced that she is nominating Laura
Curran to EQAC (Item 9); and Council Member Nichols requested and received
clarification regarding Items 6 and 7. City Manager Bludau requested that Item 6
be continued to the next meeting.
Motion bv,Mayor Pro Tern Webb to move affirmative action of the Consent
Calendar, except for the item removed (3), and noting the continuance of Item 6.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Webb,
Mayor Heffernan, Council Member Daigle, Council Member Nichols
Absent: Council Member Ridgeway
J. PUBLIC HEARINGS
10. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL:
RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR THE
SHORTENED FISCAL YEAR 2005 -2006, AND AUTHORITY TO ADOPT
BYLAWS [100 - 2005].
Project Manager Berger provided the staff report, reported that there were no
protests, and announced the outcome of the Corona del Mar Business Improvement
District board election.
Mayor Heffernan opened the public hearing. Hearing no testimony, he closed the
public hearing.
Motion-by MayQr Pro-Tern Webb to adopt Resolution No. 2005 -46 confirming the
levy of the BID assessment for the 2005 -2006 short fiscal year since the protests
represented less than 50 percent of the total assessment amount; and grant the
authority for the Corona del Mar Business Improvement District to adopt bylaws for
the purposes of general operations, consistent with State law and resolutions
adopted by the City Council.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb,
Mayor Heffernan, Council Member Daigle, Council Member Nichols
Absent: Council Member Ridgeway
11. COMPREHENSIVE SIGN CODE UPDATE AND SIGN DESIGN
GUIDELINES MANUAL [100 - 2005].
Project Manager Berger utilized a PowerPoint presentation and provided the staff
report. Project Manager Berger, Assistant City Manager Wood, City
Attorney Clauson, and Consultant Pflugrath responded to questions relative to
pylon signs, flags and flag poles, amortization of signs, an incentive program,
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abandoned signs, and heritage signs
City Attorney Clausen reported that, following Council providing direction, staff will
make the final changes and bring back an ordinance at the September 13 meeting.
Council Member Rosansky and Council Member Selich agreed with doing away with
the incentive program and concentrate on expediting the permit process.
Council Member Daigle suggested approaching sign companies to find out why their
clients change out their signs and then possibly develop incentives after that. She
also agreed with expediting the permit process.
City Attorney Clauson noted that sign abandonment provisions can be incorporated
into the City's code. Consultant Pflugrath indicated that about half the cities have
abandonment provisions in their code. Council Members Rosansky and Selich
agreed that the City should have this ability if needed.
Discussion ensued relative to heritage signs, the criteria, and the innovative sign
program. Program Manager Berger noted that these signs are subject to review by
the Planning Commission.
Mayor Heffernan opened the public hearing.
Jim Hildreth discussed height limitations, flags and flag poles, and heritage signs.
Dolores Otting discussed the abandonment issue.
Discussion ensued relative to the height, content, and appearance of pylon signs.
Council Member Selich asked if something can be included in the design criteria to
avoid blank spaces on signage. Mayor Heffernan, Mayor Pro Tem Webb, and
Council Members Rosansky, Selich, and Daigle expressed support with having 20
foot signs.
Council Member Nichols believed that the City doesn't need a sign ordinance
Motion by Council Member Rosansky to continue the public hearing to the
September 13, 2005 Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Webb,
Mayor Heffernan, Council Member Daigle, Council Member Nichols
Absent: Council Member Ridgeway
K. PUBLIC COMMENTS
Ed McLaughlin received clarification from Public Works Director Badum regarding the
phone service disruption and the schedule for the undergrounding project in his area.
Dolores Otting asked questions regarding the public hearing process.
Jim Hildreth discussed papers he previously presented to Council and access on The Grand
Canal.
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L. ORAL REPORTS FROM.CITY COUNCIL ON COMMITTEE_ ACTIVITIES
Ad Hoc General Plan Update Committee (GPUC) - Council Member Selich announced
that they have had no meetings.
Local Coastal Program Certification Committee - Assistant City Manager Wood stated
that staff is still trying to work with the Coastal Commission staff.
Newport Coast Advisory Committee - None.
Mariners Joint Use Library Ad Hoc Steering Committee - ?None.
City Centennial 2006 Committee - Mayor Pro Tem Webb noted that Recreation and
Senior Services Director Knight provided a report during the presentation earlier tonight.
City Council/Citizens Ad Hoc Committee for Marina Park Planning - Mayor Pro
Tem Webb announced that they will have a meeting in September.
City Council Ad Hoc Marina Park Advisory Committee - None.
EQAC - Council Member Nichols discussed water issues in Orange County.
M. PLANN?ING COMMISSION AGENDA AND ORAL STATUS REPORT
12. PLANNING COMMISSION AGENDA FOR AUGUST 18, 2005.
Senior Planner Alford reviewed the following Planning Commission items and
responded to Council questions: Parini Mediterranean Restaurant - 4647
MacArthur Boulevard (PA2005 -155); Saagar Fine Indian Cuisine - 4248 Martingale
Way (PA2005 -026); Le Quai Restaurant - 2816 Lafayette Avenue (PA2005 -041); and
Newport Marina LLC - 919 Bayside Drive (PA2004 -072).
N. CONTINUED BUSINESS
13. ST. ANDREWS PRESBYTERIAN CHURCH EXPANSION (PA2002 -265) —
GENERAL PLAN AMENDMENT, ZONE CHANGE & USE PERMIT — 600 ST.
ANDREWS ROAD, CLIFF HAVEN /NEWPORT HEIGHTS AREA (681100-
2005].
Assistant City Manager Wood provided the staff report and noted that Council
changes are summarized in the supplemental staff report.
Mayor Heffernan received confirmation from City Attorney Clauson regarding any
future expansions.
Motion...by Council Member Daigle to adopt Ordinance No. 2005 -16 approving
Code Amendment No. 2003 -002 rezoning the St. Andrew's Presbyterian Church site
from R -1 & R -2 to GEIF (Governmental, Educational Institutional Facilities).
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb,
Mayor Heffernan, Council Member Daigle, Council Member Nichols
Absent: Council Member Ridgeway
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14. CITY COUNCIL REVIEW AND DIRECTION TO CONSULTANTS ON
CURRENT PLANNING STATUS OF PROPOSED CITY HALL STRUCTURE
AND GROUNDS, PARKING GARAGE AND FIRE STATION [351100 - 200,5].
City Manager Bludau provided the staff report and reviewed the topics of discussion
for the next meetings.
Rick D'Amato, LPA Associates, utilized a PowerPoint presentation and discussed
the background of the project, site plan options, the fire station, the parking
structure, and City Hall design options. He also displayed a model of the proposed
site.
Mayor Heffernan recessed the meeting at 9:26 p.m. and reconvened the
meeting at 9:39 p.m. with all members of the City Council present, except
Council Member Ridgeway.
Roger Torriero, Griffin Structures, discussed and provided a handout relative to the
conceptual costs.
Mr. Torriero and Steve Mickle, Griffin Structures, responded to Council questions
regarding indirect and direct costs; onsite, offsite, and utility allowances;
the furnishings, fixtures and equipment (FF &E) budget; the fire station costs;
relocation costs; and landscape costs; and Mr. D'Amato discussed LEED
certification.
Dolores Otting expressed concern relative to the square footage, the cost for
relocating, the Council Chambers emergency exits, and parking.
Jim Hildreth discussed the fire station, the parking structure, emergency exits, and
parking issues, and suggested using solar panels and having a heliport.
John Buttolph, Newporters for Responsible Government, discussed the initiative
and the relocation estimate.
Jan Vandersloot agreed with bringing this project to a vote and discussed the costs.
He suggested that the City lease space instead of build a new City Hall.
In response to questions, staff reported on how staff efficiencies will be improved
with a new building and provided information on future needs.
Mr. Torriero explained the process that his company goes through with this type of
project and added that they are also having a third party conduct cost estimates.
He reported that he will guarantee their maximum price, this amount is bonded,
and the project will go out to bid.
Motion by Mayor Pro Tem Webb to 1) increase the City Hall's building program
to 72,000 sq. ft.; 2) adopt the new site plan configuration which alters the site
locations for the fire station and the parking garage; 3) adopt changes to the Orange
County Fire Authority building standards for the fire station which would require
more durable, longer lasting building materials; 4) add a glass wall at the rear of the
Council Chambers facing the courtyard; 5) agree to the new Council Chambers
layout; 6) agree to provide structurally for future up to 5,000 sq. ft. expansion of City
Hall; 7) agree to all City Hall facade /design enhancements; and 8) agree to the
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revised budget estimates to accommodate all the options.
The consultants were directed to provide more detailed analysis of the costs,
including relocation and indirect costs.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Mayor Pro Tem Webb, Mayor Heffernan, Council
Member Daigle, Council Member Nichols
Noes: Council Member Rosansky
Absent: Council Member Ridgeway
Motion by Mayor Pro Tem Webb to hear Item 16 and continue the remainder of the
agenda to the September 13, 2005 Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor
Heffernan, Council Member Daigle, Council Member Nichols
Absent: Council Member Ridgeway
O. CURRENT BUSINESS
15. COUNCIL POLICY MANUAL UPDATE FOR 2005 AND PUBLIC MEETING
TO CONSIDER CITY S STATEMENT OF INVESTMENT POLICY (POLICY
F -1) [100 - 2005]. Continued to the September 13, 2005 Council meeting.
16. RESIDENTIAL LIVE ABOARD APPEAL — HUZYAK. MV SESAME
BERTHED AT 915 VIA LIDO SOUD [100 - 2005].
Harbor Resources Supervisor Miller utilized a PowerPoint presentation, provided
the staff report, and explained that Harbor Resources has concerns for water quality
with this type of use. He responded to questions from Council regarding the
definitions of "live aboard ", the neighbors' concerns with privacy, how many private
and commercial piers could handle boats larger than 80 feet, and whether having a
captain on board is necessary.
City Attorney Clauson reviewed the current City policy and stated that Council can
revisit the policy or adopt an ordinance at a future meeting that identifies when or
where people can live on boats. She also discussed restrictions relative to private
pier permits and tidelands.
Council discussed issues dealing with the renting of docks, caretakers on large
boats, tradesmen in and out of residential areas, and commercial use in a single -
family residential area.
Mayor Pro Tem Webb indicated that he called up this item to bring to light that
there is a shortage of space for larger boats. He announced that he and the Huzyaks
are both members of the Balboa Yacht Club.
Sally Huzyak, appellant, discussed the policy and requested that Newport Harbor
have something for larger boats and that the Harbor Commission consider a
provision which allows a licensed captain to get a permit to stay on larger boats for a
specified amount of time.
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Mike Joseph, discussed Lido Island's CC &R's and expressed his support of the
Harbor Commission's decision. He read correspondence from Gail Rosenstein.
Jay K. Leeson requested that Council enforce the policy.
Craig Chines requested that the Harbor Commission decision be upheld.
Jim Hildreth expressed his reasons why live aboards should be allowed.
Pete Marcus noted that there isn't a place for repairs to occur to larger boats and
believed that having a skipper on board is safer.
Motion by Mayor _Pro _Tern Webb to uphold the Harbor Commission's decision
and restrict persons from living aboard the Besame while berthed at a residential
pier for greater than 72 hours in any 30 day period.
Mayor Heffernan suggested establishing hours for boat repair work.
Harbor Resources Supervisor Miller indicated that it is up to the commercial marina
whether they allow live aboards, but noted that the trend is to reduce or eliminate
the handful of live aboards in the Harbor.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Webb,
Mayor Heffernan, Council Member Daigle
Noes: Council Member Nichols
Absent: Council Member Ridgeway
17. ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATION: NEWPORT
RIDGE PARK [100- 20051. Continued to the September 13, 2005 Council meeting.
18. DESIGNATION OF VOTING DELEGATE FOR 2005 LEAGUE ANNUAL
CONFERENCE — OCTOBER 6 — 8, 2005 IN SAN FRANCISCO [100- 20051.
Continued to the September 13, 2005 Council meeting.
P. ITEMS REMOVED, FROM THE CONSENT CALENDAR
3. RESOLUTION AUTHORIZING THE CITY MANAGER TO REJECT
DOCUMENTS RELATING TO THE TRANSFER OF ADELPHIA'S
FRANCHISE TO EITHER TIME WARNER OR COMCAST [421100 - 20051.
Continued to the September 13, 2005 Council meeting.
Q. MOTION FOR RECONSIDERATION - None
R. ADJOURNMENT - adjourned at 12:41 a.m. on Wednesday, August 24, 2005, to
Tuesday, August 30, 2005 at 7:00 p.m. [Review of General Plan Update Land Use
Recommendations]
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The agenda for the Regular Meeting was posted on August 17, 2005 at 2:45 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
City Clerk
Apt,v,� X' Yawy,
Recording Secretary
Mayor
iiilllllllll / lip
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