HomeMy WebLinkAbout09/27/2005 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
September 27, 2005 - 7:00 p.m.
STUDY SESSION - 5:00 p.m.
CLOSED SESSION - None
A. RECESSED AND.RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
B. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor
Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member
Nichols
C. CLOSED SESSION REPORT - None
D. PLEDGE OF ALLEGIANCE - Council Member Daigle
E. INVOCATION - Pastor Bob Brogger, Mariners Church
F. PRESENTATIONS
Presentation by Saunders Property Company for the Centennial (contd. from
9/13/05) - John Saunders presented a check for $25,000 to Mayor Pro Tem Webb.
Proclamation for Mess Night for the 1st Battalion/Ist Marines on September 29,
2005 and reconfirmation of the adoption of the 1st Battalion /1st Marines - Mayor
Heffernan read the proclamation which will also be read on Thursday at Mess Night.
Relay for Life Presentation - Anna Lisa Biason announced that the 2005 Relay for Life
event raised over $130,000. She presented a token of appreciation to the Mayor and Council
for all their support.
Presentation on JWA Facilities Project by Airport Director Alan Murphy - Airport
Director Alan Murphy provided a PowerPoint presentation to discuss the JWA expansion
and responded to Council questions.
G. NOTICE TO THE PUBLIC
H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH CO..UNCIL MEMBERS
WOULD LIKE PLACED ON A.FUTURE AGENDA FOR DISCUSSION. ACTION OR
REPORT (NON - DISCUSSION ITEM):
Mayor Pro Tem Webb announced that there are 338 days until the City's 100th birthday and
shared "Centennial Moments ".
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Council Member Daigle requested a report regarding Santa Ana Heights
projects and funding needed to keep the projects going for the next 12 months.
Council Member Daigle discussed the traffic measures implemented at Corona del Mar High
School and requested a report relative to improving the parking lot at the school.
Council Member Nichols requested a report relative to improvements at the Corona del Mar
State Beach.
Mayor Heffernan announced that the Corona del Mar Centennial Committee dedicated their
timepiece last Sunday.
Mayor Heffernan requested a report relative to upkeep of vacant sites, i.e. Orchid /Coast
Highway and the Port Theater.
Mayor Heffernan asked if there could be an easily- applied roof height calculation.
Council Member Ridgeway discussed the fish hatchery in the channel.
I. CONSENT CALENDAR (Items..l-to 13_)
READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF SEPTEMBER 13, 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.
ORDINANCE FOR ADOPTION
3. COMPREHENSIVE SIGN CODE UPDATE AND SIGN DESIGN
GUIDELINES MANUAL [100 - 20051. 1) Adopt Ordinance No. 2005 -17, to
repeal Chapter 20.67 of the NBMC and adopt a new Chapter 20.67
pertaining to regulation of signs on a citywide basis, except the Newport
Coast and Newport Ridge Planned Communities, or where regulations
conflict with regulations established in the Santa Ana Heights Specific Plan
and all other commercially -zoned Planned Communities, and related
amendments to Title 20 of the NBMC to repeal the Sign Regulations and
related references on Districting Maps of the Mariner's Mile Specific Plan
and Balboa Sign Overlay, and amendment to add Subsection L to Section
10.50.020 of Chapter 10.50; and 2) adopt Resolution No. 2005 -49 to adopt a
Sign Design Guidelines Manual pertaining to signs on a citywide basis.
RESOLUTION FOR ADOPTION
4. ACCEPTANCE OF A $65,000 DEPARTMENT OF BOATING AND
WATERWAYS GRANT FOR THE VESSEL PUMPOUT STATION
NEAR THE AMERICAN LEGION [100 - 20051. 1) Adopt Resolution No.
2005 -50 agreeing to accept a $65,000 grant from the California Department
of Boating and Waterways for a new vessel pumpout facility; and 2) direct
staff to pursue construction of the facility.
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CONTRACTS AND AGREEMENTS
5. MEMORANDUM OF UNDERSTANDING (MOU) AND BUDGET
AMENDMENT - UPPER NEWPORT BAY NATURE PRESERVE
ACCESS AND RESTORATION PROJECT (C -3592) [No Report]
(contd. from 9/13/05). Removed from the calendar.
6. STREET LIGHT BANNERS FOR THE CENTENNIAL (C -3812)
[381100- 2005]. 1) Approve the installation of temporary banners for the
Centennial to be placed on 190 street light poles throughout the City; 2)
waive the provision of Council Policy L -16 that requires the banners to be
removed after 30 days and allow the banners to be at these locations
throughout the Centennial year; and 3) approve an agreement with Exterior
Products, Inc. in the amount of $43,364.46 for the fabrication and
installation of the banners.
AWARD OF LANDSCAPE MAINTENANCE CONTRACT FOR
CITYWIDE MEDIANS AND ROADSIDES (C -3813) [381100- 2005]. 1)
Approve a five year maintenance contract with TruGreen Landscape to
provide landscape maintenance services for Citywide medians and roadsides
at an annual cost of $414,000; and 2) approve a budget amendment (06BA-
018) in the amount of $78,825 to fund the contract for the remaining nine
months of the fiscal year.
8. NEWPORT CENTER PARK - APPROVAL OF AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT WITH HALL &
FOREMAN, INC. (C -3633) [381100- 2005]. 1) Approve Amendment No. 1
to Professional Services Agreement with Hall & Foreman, Inc. of Irvine for
design services at a contract price of $158,500 and authorize the Mayor and
the City Clerk to execute the Amendment; and 2) approve a budget
amendment (06BA -016) appropriating $23,500 from General Fund 7014 -
05100805 (Morning Canyon Stabilization Project) into Account No. 7021 -
C4120656.
9. SEMENIUK SLOUGH MAINTENANCE DREDGING FEASIBILITY
STUDY - AMENDMENT NO 2 TO PROFESSIONAL SERVICES
AGREEMENT WITH NOBLE CONSULTANTS, INC. (C -3636) [381100-
2005]. 1) Approve Amendment No. 2 to Professional Services Agreement
with Noble Consultants, Inc. of Irvine to develop a more specific
federal /state /City dredging project for Semeniuk Slough at a contract price
of $44,000 and authorize the Mayor and the City Clerk to execute the
Amendment; and 2) approve a budget amendment (06BA -017) appropriating
$44,000 from General Fund 7014- C5100805 (Morning Canyon Stabilization
Project) into Account No. 7231- C5100719 (Tide and Submerged Land).
10. POLICE BUILDING MODIFICATIONS AND FIRE STATION NO. 6
GENDER MODIFICATIONS & HOSE TOWER DEMOLITION -
AWARD OF CONTRACT (C -3640) [381100 - 2005]. 1) Approve the plans
and specifications for the three projects listed; 2) award the contract (C-
3640) to Horizons CCI Services, Inc. for the total bid price of 8405,500 and
authorize the Mayor and the City Clerk to execute the contract; 3) establish
an amount of $40,550 to cover the cost of unforeseen construction expenses;
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and 4) approve a budget amendment (06BA -015) appropriating $100,000
from the Building Excise Tax Fund and $148,000 from the General Fund for
the Fire Station 6 Gender Modification project and the remaining portion
needed for the Police West Building Remodel project to the accounts
designated on the budget amendment.
MISCELLANEOUS ACTIONS
11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM
CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR
LITERACY SERVICES [100- 2005]. Approve a budget amendment (06BA-
014) to increase expenditure appropriations by $20,000 in Division 4060,
Literacy, and to increase revenue estimates for the same amount in Account
No. 4010 -4832, California Library Literacy Services.
12. ADOPTION OF A PROGRAM FOR DISADVANTAGED BUSINESS
ENTERPRISE (DBE) REQUIREMENTS FOR FEDERAL FISCAL
YEAR 2005 -2006 [100 - 2005]. 1) Approve the DBE Program for the City of
Newport Beach for Federal Fiscal Year beginning October 1, 2005 and
ending September 30, 2006; and 2) authorize the Public Works Director to
submit the approved DBE Program to Caltrans staff.
13. HOUSING ELEMENT IMPLEMENTATION - ANNUAL PROGRESS
REPORT [100 - 2005]. 1) Review, file and forward the Annual Housing
Element Implementation Report to the State Department of Housing and
Community Development; and 2) review the letter to the State of
California's Office of Planning and Research and authorize staff to submit
the letter.
Regarding Item 13, City Manager Bludau indicated that Council Member Nichols' questions
can be discussed during a study session.
Motion by Mayor Pro Tern Webb to move affirmative action of the Consent Calendar.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor
Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member
Nichols
J. PUBLIC HEARINGS
14. REVIEW OF THE FY 2004 -2005 COMMUNITY DEVELOPMENT BLOCK
GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION
REPORT (CAPER) TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT [100- 2005].
Project Manager Trimble provided the staff report and responded to Council
questions about what the money can be used for and the Section 108 loan.
Mayor Heffernan opened the public hearing. Hearing no testimony, he closed the
public hearing.
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Motion b.May_or__Pro. Tem Webb to approve the Draft Consolidated Annual
Performance and Evaluation Report.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Webb,
Mayor Heffernan, Council Member Ridgeway, Council Member Daigle,
Council Member Nichols
15. CODE AMENDMENT NO. 2005 -010 AMENDING CHAPTER 20.66 OF THE
NBMC TO INCREASE THE MINIMUM PARKING REQUIREMENT FOR
DUPLEXES NOT LOCATED WITHIN THE COASTAL ZONE OR OLD
CORONA DEL MAR FROM 1.5 SPACES PER UNIT TO 2.0 SPACES PER
UNIT (PA2005 -201) [100- 20051.
Senior Planner Murillo explained the differences between Items 15 and 21. He
provided the staff report and recommended that the proposed ordinance also include
a provision allowing construction plans submitted to the City prior to the effective
date to be allowed to proceed under the old rules. He responded to Council
questions regarding notification to the property owners and how this could affect
Corona del Mar.
Mayor Heffernan opened the public hearing.
Amy Ogburn expressed how the proposed code amendment would affect her
property and requested that Council not approve it: however, if it is approved, she
requested to be grandfathered since their property is the only duplex on the street.
John Ogburn expressed his objections and concerns with the proposed code
amendment. He noted that their neighbors are in attendance to support them.
Phil Ramming spoke in support of the Ogburns and noted that each home has a
unique situation.
Charles Wechsler expressed his support for the Ogburns and expressed hope that
locations are considered individually.
Donald Meir believed that this could cause a hardship.
Michael Sprock expressed his support for the Ogburns and suggested that the code
amendment focus on square footage or the number of bedrooms, not on the type of
property.
Marti Dutch expressed her concerns relative to the code amendment.
Nancy Chosik spoke in support of the Ogburns and requested that Council not take
action tonight.
Hearing no further testimony, Mayor Heffernan closed the public hearing.
Motion by Council Member Rosanskv to approve Code Amendment No. 2005-
010 by introducing Ordinance No. 2005 -18, with the addition of a six month
grandfather provision for anyone who applies for a building permit.
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City Attorney Clauson suggested amending the motion so the language is similar to
Item 21.
Amended motion by Council Member Rosansky to clarify that the six month
grandfather provision shall apply to anyone who submits a deemed complete
building permit application to the City.
The amended motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb,
Mayor Heffernan, Council Member Ridgeway, Council Member Daigle,
Council Member Nichols
K. PUBLIC.COMMENTS
Allan Beek discussed the proposed initiative and suggested voting on the City Hall issue.
Edward Romeo expressed his opposition to the initiative process.
James Turner questioned if the Certificates of Participation (COP) will increase property
taxes and agreed with putting this to a vote.
Rene Powers expressed her support of the initiative.
Michael Strock disagreed with having the initiative, but believed that there are more
options to explore.
Nancy Alston expressed her concerns with the John Wayne Airport (JWA) expansion and
suggested that a staff member attend the Noise Abatement Committee meetings.
Jean Price agreed that Council or staff should attend the Noise Abatement Committee
meetings, but also attend the Corridor City Coalition meetings.
Joan Anderson expressed her concerns relative to the JWA expansion.
Craig Wegger expressed his concerns regarding the proposed City Hall.
Dolores Otting suggested that the City sell the land that City Hall is on.
Marko Popovich, Stop Polluting Our Newport (SPON), expressed SPON's support of the
initiative.
Marianne Zippi discussed the financing options for the proposed City Hall and taking the
issue to a vote.
L. ORAL, REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Ad Hoc General Plan Update Committee (GPUC) - Council Member Selich reported
that there will be a General Plan Update meeting on October 4.
Local Coastal Program Certification Committee - Council Member Ridgeway
announced that the City will have its hearing before the Coastal Commission on October 13
in San Diego.
Newport Coast Advisory Committee - No report.
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Mariners Joint Use Library Ad Hoc Steering Committee - Mayor Pro Tem Webb
reported that construction is on schedule and the dedication will be held in April or May.
City Centennial 2006 Committee - Mayor Pro Tem Webb reported that "Let's Do Launch"
will be held on Sunday at the Newport Dunes from 11 a.m. to 5 p.m. He stated that he will
be making future announcements about the Rose Parade float.
City Council/Citizens Ad Hoc Committee for Marina Park Planning - Mayor Pro Tem
Webb reported that they held their final meeting on September 20 in which they received
two presentations.
City Council Ad Hoc Marina Park Advisory Committee - No report.
Upper Bay Dredging Project - Mayor Heffernan announced that this project will begin on
October 11 and discussed what the project entails.
Measure M Committee - Council Member Daigle requested feedback from Council relative
to transit components.
M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
16. PLANNING COMMISSION AGENDA FOR SEPTEMBER 22, 2005 [100- 2005].
Planning Director Temple reviewed the following Planning Commission items:
Bahia Corinthian Yacht Club - 1601 Bayside Drive; and the Housing Element
Implementation - Annual Progress Report.
Motion- by. Council Member Nichols to appeal the project at 2721 East Coast
Highway (Planning Director's Use Permit).
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
Noes: Council Member Ridgeway
N. CONTINUED. BUSINESS
17. REPORT FROM CITY HALL RELOCATION SPECIALISTS REGARDING
TEMPORARY RELOCATION OPTIONS [351100- 2005].
City Manager Bludau provided the staff report and responded to Council questions
about the compensation arrangement with CB Richard Ellis and why they were
selected. He announced that Jeff Morgan and Dean Chandler of CB Richard Ellis
are in attendance.
Dean Chandler, CB Richard Ellis, discussed their constraints and reported that
there are relocation alternatives but they cannot move forward until a decision is
made about the City- Hall project. He discussed the options and the range of current
lease rates.
Discussion ensued relative to the timeframe to find a location, building
modifications, the relocation budget, and possibly relocating outside the City limits.
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Dolores Otting questioned the budget and the possibility of relocating outside the
City.
John Buttolph questioned the relocation cost and requested that the budget be
nailed down.
Roger Torriero, Griffin Structures, discussed possible options relative to relocation.
It was the consensus of Council to also look at locations outside of the City if it was
more cost effective than what is in the City and was in close proximity to the City
limits.
Mayor Heffernan recessed the meeting at 10:00 p.m. and reconvened the meeting
at 10:16 p.m., with all Council Members in attendance.
is. CIVIC CENTER FINANCING REPORT [351100- 20051.
Administrative Services Director Danner utilized a PowerPoint presentation which
provided an overview of City finances, highlighted the projected operating cost
changes attributable to the Civic Center proposal, highlighted the projected revenue
and expenditure changes, summarized the projected net cash flow changes, and
discussed the fiscal condition of the City and non- quantifiables. He answered
Council questions regarding the State's refund, PERS, budget reserves, and the
financing for the Central Library Certificates of Participation (COP).
Dolores Otting discussed salaries/benefits and PERS, suggested using money
for lighted crosswalks in Corona del Mar and an emergency disaster warning
program, asked about a performance bond, and suggested having an outside party
review the architectural drawings for mistakes.
Jan Vandersloot expressed that it was premature to consider issuing COPs for City
Hall and listed issues that were brought to a vote and were overturned. He
suggested using this money towards other improvements.
Larry Porter discussed general obligation bonds and COPs, and suggested placing
this issue to a vote of the people.
Brenda Martin suggested placing this issue to a vote and investigating other
financing options.
Philip Arst, Greenlight, believed that this issue should be voted on,
recommended that the City prioritize its projects, and discussed the initiative.
Mayor Heffernan noted that COPs were used to fund the Central Library without a
vote and discussed the initiative.
City Attorney Clauson explained the differences between COPS and bonds.
Nancy Skinner discussed using solar panels on the proposed City Hall.
Ed Romeo took issue with initiatives and pointed out that a parking structure and
fire station are part of the project.
John Buttolph discussed the purpose of initiatives and the proposed initiative
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Laura Curran requested more information be provided to the public, suggested
having a citizen review committee, and requested that Council state their position
on the issue.
Without objection, Mayor Heffernan requested that Item 21 be taken out of order.
O. CURRENT BUSINESS
21. CODE AMENDMENT NO. 2005 -008 AMENDING TITLE 19 OF THE NBMC
RELATED TO MINIMUM PARKING STANDARDS FOR THE CONVERSION
OF A DUPLEX TO CONDOMINIUMS (PA2005 -168) [100 - 20051.
Council Member Rosansky recused himself since he owns duplexes in West
Newport.
Senior Planner Murillo provided the staff report and answered Council questions
regarding parking and the time limit on condominium conversion permits.
Melanie Neasmin requested information about curb cuts.
Council Member Nichols left the Council Chambers at 12:12 a.m.
Russ Minnow expressed his opposition to the proposed ordinance.
Scott Dalton discussed parking issues and suggested looking at the age of the duplex
rather than the number of parking spaces.
Alex Bronna expressed his opposition to the code amendment and discussed the
handout he presented to Council.
Motion by Council Member Selich to approve Code Amendment No. 2005 -008 by
introducing Ordinance No. 2005 -19 amending the Condominium Conversion
Regulations of Title 19 of the NBMC to increase the minimum number of parking
spaces required for the conversion of a duplex to comply with current standards.
City Attorney Clauson explained that Council Member Nichols has a conflict of
interest since he owns a duplex.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Mavor Pro Tern Webb, Mayor Heffernan, Council
Member Ridgeway
Noes: Council Member Daigle
Abstain: Council Member Rosansky, Council Member Nichols
N. CONTINUED BUSINESS (Continued)
19. CITY HALL OPTIONS FOR PROJECT DELIVERY [351100- 20051.
It was the consensus of Council to continue this item, but discuss Item 20.
20. REVIEW OF TWO ISSUES PERTAINING TO PROPOSED CIVIC CENTER
COMPLEX PLANNING [351100- 20051.
Rick D'Amato, LPA Associates, presented a PowerPoint presentation to discuss the
site configuration options. Fire Chief Riley explained why the base site plan is a
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better configuration for fire station operations. Council provided input relative to
the base site plan and the revised site plan.
Dolores Otting recommended selling the City Hall property.
Motion by. Council Member Rosansky to move forward with the base site plan
for purposes of the schematic drawings.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Heffernan, Council
Member Ridgeway, Council Member Daigle
Noes: Mayor Pro Tem Webb, Council Member Nichols
Mr. D'Amato presented a PowerPoint presentation to discuss the Council Chambers
options and responded to Council questions. Council expressed concern relative to
the configuration of the lobby, redesign costs, and access to the City Manager, City
Attorney, and City Clerk's offices.
Dolores Otting expressed her support for the revised Council Chambers /Community
Room option.
Motion by Council Member Rosansky to move forward with the revised site
plan for purposes of the schematic drawings, provided that access is widened to the
City Manager, Mayor, City Attorney, and City Clerk's offices and those offices
remain in the same location if possible.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb,
Council Member Daigle, Council Member Nichols
Noes: Mayor Heffernan, Council Member Ridgeway
P. ITEMS REMOVED FROM THE CONSENT CALENDAR - None.
Q. MOTION FOR RECONSIDERATION
Regarding Resolution No. 2005 -48 that was approved on September 13, 2005, Council
Member Daigle stated that Council needs to decide if Council should have the authority to
deny a transfer of Adelphia to Time Warner or if staff should have that authority.
Motion by Council Member Nichols to reconsider Resolution No. 2005 -48, which
authorizes staff to deny a transfer of Adelphia to Time Warner, with consultation from the
Telecommunications Committee.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor
Heffernan, Council Member Ridgeway, Council Member Nichols
Abstain: Council Member Daigle
R. ADJOURNMENT - Adjourned at 1:26 a.m. on Wednesday, September 28, 2005,
to Tuesday, October 4, 2005 at 7:00 p.m. for a General Plan Update Meeting.
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The agenda for the Regular Meeting was posted on September 21, 2005 at 3:30 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
City Clerk
Recording Secretary
4'Q
ayor
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