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HomeMy WebLinkAbout07/26/2005 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting July 26, 2005 — 7:00 p.m. STUDY SESSION - 4:00 p.m. CLOSED SESSION - 6:30 p.m. 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; Council Member Ridgeway; Council Member Nichols; Council Member Daigle; Mayor Heffernan C. CLOSED SESSION REPORT - None. D. PLEDGE OF ALLEGIANCE - Council Member Daigle. E. INVOCATION - Pastor Jim McCammon, Newport Harbor Lutheran Church. F. PRF.RF.NTATION Arts Foundation Presentation of Check - City Arts Commissioner Rockefeller introduced Commissioners Grant and Brooks and announced that the Summer Concert in Park will be held at 6:30 p.m. in Corona del Mar and Shakespeare by the Sea will be held on August 6 and August 7 at Grant Howald Park. Arts Foundation President Crespin presented the $7,000 check to Mayor Heffernan. 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): City Clerk Harkless announced that the videostreaming of study session and Council meetings began today, and introduced the CFO of Granicus, Emery Jones. Council Member Daigle requested a study session item to discuss the protocol of what can be videostreamed on the City's webpage and to discuss the production of any programs. City Clerk Harkless suggested that the Website Committee review these issues prior to it coming before Council. Council Member Ridgeway requested that a protocol be estabhshed relative to Council involvement in the Pick -A -Pet cable program. Mayor Pro Tem Webb discussed his trip to the City's Sister City, Antibes, France, and indicated that Antibes would like to establish a student exchange program with the City. Volume 57 - Page 354 City of Newport Beach City Council Minutes July 26, 2005 Council Member Rosansky announced that a Bachelor Auction was held to raise funds for the Centennial Rose Parade Float and reported that 400 women participated and raised $15,000. Mayor Heffernan requested that a survey of slip rental fees in the Balboa Yacht Basin be conducted since he believed they are under market value. Mayor Heffernan stated that Antibes, France, is in the southern coast of France, near Monaco, Nice, and Cannes. He reported that the Antibes delegation will be visiting the City in November and announced that they have a 49 member council. I. CONSENT CALENDAR (Items 1 to 12) Council Member Daigle requested that Volume 57, Page 329, be amended to reflect that she was talking about the balance of the Santa Ana Heights Redevelopment Fund, not the annexation fund. READING OF MINUTES/ORDINANCES AND RESOL UTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING OF JUNE 21, 2005 AND THE SPECIAL MEETINGS (STUDY SESSION AND REGULAR MEETINGS) OF JUNE 28, 2005. [100 -20051 Waive reading of subject minutes, approve as written and order filed. (Council Member Selich abstained on this item) 2. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCE FOR ADOPTION 3. CODE AMENDMENT NO. 2005 -001 AMENDING TITLE 19 OF THE MUNICIPAL CODE RELATED TO PARKING STANDARDS FOR CONDOMINIUM CONVERSIONS (PA 2005 -015) (contd. from 5/10/05 & 6114/05). [100 -2005] Approve Code Amendment No. 2005 -001 by adopting Ordinance No. 2005 -12 amending the Condominium Conversion Regulations of Title 19 of the Municipal Code. (Council Members Ridgeway and Rosansky abstained on this item) CONTRACTS AND AGREEMENTS 5. JAMBOREE ROAD REHABILITATION - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DEWAN, LUNDIN AND ASSOCIATES (C- 3785). [381100 -2005] Approve a Professional Services Agreement with Dewan, Lundin and Associates, Inc. of Garden Grove for Jamboree Road Street Rehabilitations from University Drive to Bristol Street and from San Joaquin Hills Road to Ford Road at a contract price of $85,708 and authorize the Mayor and City Clerk to execute the Agreement. 6. REQUEST FOR ADDITIONAL FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 100 (AREA GENERALLY BOUNDED BY BALBOA BOULEVARD, OCEAN FRONT, 13TH STREET, AND ADAMS STREET). 1891100 -20051 1) Authorize an additional advance from the General Fund in the amount of Volume 57 - Page 355 City of Newport Beach City Council Minutes July 26, 2005 $24,145 to Assessment District No. 100 and appropriate $10,150 to 74100- 9810 for SCE electric design, $8,300 to 74100 -9811 for SBC phone design and $5,695 to 74100 -9812 for assessment engineering services (06BA -001); and 2) authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Hall & Foreman, Inc. increasing the not -to- exceed amount to $27.145 for assessment engineering services. IRVINE AVENUE SIDEWALK BETWEEN PRIVATE ROAD AND SANTIAGO DRIVE - AWARD OF CONTRACT (C- 3715). [381100- 20051 1) Approve the plans and specifications; 2) approve a budget amendment (06BA -002) appropriating $24,000 from Transportation and Circulation fund balance, 260 -3605, to account 7261- C5100792; 3) award the contract (C -3715) to CJ Construction, Inc. for the total bid price of $202,250 and authorize the Mayor and the City Clerk to execute the contract; and 4) establish an amount of $17,750 to cover the cost of unforeseen work. 8. BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIR - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DUDEK & ASSOCIATES, INC. (C- 3778). 1381100 -20051 Approve a Professional Services Agreement with Dudek & Associates, Inc. (Dudek) of Encinitas for the Buck Gully Wetlands and Maintenance Road Repair at a contract price of $60,000 and authorize the Mayor and City Clerk to execute the Agreement. 9. ENCROACHMENT AGREEMENT AND PERMIT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE ALLEY RIGHT -OF -WAY ADJACENT TO 322 HELIOTROPE AVENUE, CORONA DEL MAR (N2005- 0286). [100 -20051 Authorize the Mayor and City Clerk to execute an Encroachment Agreement providing for the construction of an alley extension structure that will become City property after it is completed and accepted by the City. 10. MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CALIFORNIA URBAN WATER CONSERVATION COUNCIL FOR BEST MANAGEMENT PRACTICES (C- 3786). 1381100 -20051 Authorize the Mayor to execute a future Memorandum of Understanding (MOLT) with the California Urban Water Conservation Council (CUWCC) regarding water conservation Best Management Practices (BMPs). MISCELLANEOUS ACTIONS 11. REASSIGNMENT OF DIRECTOR OF RECREATION AND SENIOR SERVICES POSITION TO A DIFFERENT SALARY RANGE. Approve the City Manager's recommendation to place the position at a salary range of $8,730 - $10, 636 monthly (current range is $8,310 - $10,125 monthly). 12. ACCEPT ASSISTANCE TO CERT GRANT. 1) Accept the 2003 Federal Emergency Management Agency Supplemental Grant for Community Emergency Response Teams (CERT) for $5,514 in funding for the CERT Program; and 2) approve a budget amendment (06BA -004) increasing revenue estimates by $5,514 in 2354 -4894 and approving those funds into Fire Department account 2354 - 82002. Volume 57 - Page 356 City of Newport Beach City Council Minutes July 26, 2005 Motion b3! Mayor Pro Tern Webb to approve the Consent Calendar, except for the item removed (4); and noting the abstention on Item 3 by Council Members Ridgeway and Rosansky, and the abstention on Item 1 by Council Member Selich. The motion carried by the following roll call vote: Ayes: Council Member Selich; Council Member Rosansky; Mayor Pro Tern Webb; Council Member Ridgeway; Council Member Daigle; Council Member Nichols; Mayor Heffernan J. PUBLIC HEARINGS 13. TITLE 14 AMENDMENTS INCORPORATING WATER AND SEWER FEE INCREASES. [100 -2005] City Manager Bludau reviewed the staff report. Motion by Council Member Ridgeway to adopt Ordinance No. 2005 -13 (amending Section 14.12.020 and 14.24.065 of Title 14 of the Newport Beach Municipal Code) which: a) increases the water use fee from $2.00 to $2.08 for each hundred cubic feet of water delivered to each customer connected to the City water system; b) increases the water meter fee based on meter size as indicated in report; c) increases the sewer use fee from $0.25 to $0.30 for each hundred cubic feet of water delivered to each customer connected to the City water and sewer system, effective September 1, 2005; d) increases the sewer use fee from $0.30 to $0.35 for each hundred cubic feet of water delivered to each customer connected to the City water and sewer system, effective September 1, 2006; e) increases the sewer connection fee from a basic fee of $3.60 per month to $4.50 per month for sewer customers connected to the water and sewer system; and f) increases the sewer connection fee from a basic fee from $5.25 per month to $6.25 per month for sewer customers that do not purchase water from the City. Mayor Heffernan opened the public hearing. Jim Hildreth spoke in opposition to the fee increases. Hearing no further testimony, Mayor Heffernan closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Selich; Council Member Rosansky; Mayor Pro Tem Webb; Council Member Ridgeway; Council Member Daigle; Council Member Nichols; Mayor Heffernan 14. HOAG MEMORIAL HOSPITAL PRESBYTERIAN SERIES 2005 HEALTH CARE FACILITY REVENUE BONDS. [401100 -2005] Administrative Services Director Danner reviewed the staff report, stating that the tax -free bonds that would be issued on the hospital's behalf will total $200 million. He reported that this has been done four times before and added that the hospital paid the City $200,000 in the past for its assistance and is proposing to pay the City $200,000 this year. He emphasized that this is the hospital's obligation, not the City's, and the City has no responsibility for the debt service on these bonds and it will not affect the City's bond rating. In response to Council Member Nichols' concern about the City's liability, Volume 57 - Page 357 City of Newport Beach City Council Minutes July 26, 2005 Administrative Services Director Danner referenced and read Section 5.3 of the loan agreement. Council Member Rosansky reported that the hospital is providing insurance. Administrative Services Director Danner noted that the Finance Committee discussed this issue and recommended that Council approve staffs recommendation. Mayor Heffernan announced that this public hearing regarding the financing of the tax - exempt bonds is required by Federal tax law. Mayor Heffernan opened the public hearing. Nicholas Hamilton expressed his support but asked if the City has a stated fee in its laws. City Attorney Clauson reported that the authorizing ordinance states that the City should not have any expenses for issuing these bonds and confirmed that reimbursement for these expenses is part of the $200,000. City Clerk Harkless announced that no written comments about this issue were received. Hearing no further testimony, Mayor Heffernan closed the public hearing. Motion by Council Member Ridgeway to adopt Resolution No. 2005 -39 authorizing: a) the sale of not to exceed $200 million of City of Newport Beach Insured Demand Revenue Bonds (Hoag Memorial Hospital Presbyterian) Series 2005; b) the execution and delivery of the Loan Agreement in substantially the form presented; c) the execution and delivery of the Indenture in substantially the form presented; d) the execution and delivery of the Preliminary Official Statement (including Appendix A) in substantially the form presented; e) the execution and delivery of the Bond Purchase Contract in substantially the form presented; and 1) staff to take the necessary steps to close the bond sale. The motion carried by the following roll call vote Ayes: Council Member Selich; Council Member Rosansky; Mayor Pro Tem Webb; Council Member Ridgeway; Council Member Daigle; Council Member Nichols; Mayor Heffernan 15. GENERAL PLAN AMENDMENT NO. 2004 -006 AND CODE AMENDMENT NO. 2005 -006 - MASTER DEVELOPMENT CORPORATION OFFICE EXPANSION, 4200 VON KARMAN AVENUE (PA2004 -231). [100 -20051 Associate Planner Ung reviewed the staff report In response to Council questions, Associate Planner Ung reported that this project does not trip any of the Greenlight requirements, it meets all parking requirements, and the Koll Center is built out. Council Member Ridgeway noted that The Irvine Company has the ability to transfer its own property within the Irvine Center; however, a third party has to request a size increase before Council. Council Member Selich added that, when he was on the Planning Commission, it was not uncommon to approve small General Plan Amendments of less than 2,000 square feet in the Airport Area. Volume 57 - Page 358 City of Newport Beach City Council Minutes July 26, 2005 Mayor Heffernan opened the public hearing. Bruce McDonald, applicant, requested Council approval. He noted that the building will not be used for medical purposes but for office use, is not zoned for medical uses, and the property is not related to The Irvine Company. Hearing no further testimony, Mayor Heffernan closed the public hearing. Motion by Council Member Daigle to approve the request by adopting Resolution No. 2005 -40 for General Plan Amendment No. 2004 -006 and introducing Ordinance No. 2005 -14 for Code Amendment No. 2005 -006, and pass to second reading and adoption on August 9, 2005. The motion carried by the following roll call vote: Ayes: Council Member Selich; Council Member Rosansky; Mayor Pro Tem Webb; Council Member Ridgeway; Council Member Daigle; Council Member Nichols; Mayor Heffernan H. PUBLIC COMMENTS Jim Hildreth presented documents, displayed photos, and discussed access on The Grand Canal. Saied Naaseh, John McMorrow, Mark Eckenweiller, David Lis, and Donald Phelps voiced concerns about the Newport Center Community Center. Mayor Heffernan announced that, at the Study Session, Council was polled and, by majority, agreed not to bring this issue back as a Council agenda item. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC) - Council Member Selich indicated that they have not had any meetings but he has met with staff to discuss the schedule. He confirmed that it is their intent to have the General Plan Update on the November 2006 ballot. Local Coastal Program Certification Committee - Council Member Ridgeway reported that the Committee elected to write a letter to the Coastal Commission, under his signature, requesting that the City be heard at their September hearing and have a vote at their October meeting relative to the Land Use Element. Newport Coast Advisory Committee - Council Member Nichols reported that the NCAC has negotiated the size of the park site for the Community Center parking lot with the City. He stated that the Community Center will be run by the City and is in the design phase. He announced that there is information about the project on the City's webpage and the NCAC has met once a month for several years. He encouraged the residents to become involved. Mariners Joint Use Library Ad Hoc Steering Committee - Mayor Pro Tem Webb announced that the project is on schedule and the tennis courts will open in about two weeks and the library should open in March or April. City Centennial 2006 Committee - Mayor Pro Tem Webb announced that Centennial notecards are on sale in the Recreation and Senior Services Department for $10 for a pack of 10, they also have window logo stickers for sale, and "Let's Do Launch" tickets will go on Volume 57 - Page 359 City of Newport Beach City Council Minutes July 26, 2005 sale on August 1. City Council/Citizens Ad Hoc Committee for Marina Park Planning - Mayor Pro Tem Webb reported that the Committee created a subcommittee to establish goals and objectives and to look at the needs of the community in order to assist in evaluating the proposals and make a suggestion to Council. City Council Ad Hoc Marina Park Advisory Committee - Council Member Ridgeway reported that they will be meeting with the State Lands Commission on August 2 at City Hall regarding boundaries for any future development at Marina Park. Building Ad Hoc Committee - Mayor Heffernan announced that the new City Hall will be discussed at the August 9, August 23, and September 13 Council meetings. City Manager Bludau stated that the City is looking for comments from Council and the community about the size and appearance, and noted that the final determinations will not happen at those meetings. He indicated that the whole package will be presented to Council in October and the final determination will be made at that time. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING COMMISSION AGENDA FOR JULY 7, 2005. [100 -20051 Planning Director Temple reported on the following Planning Commission items: Master Development Corporation (PA2004 -231); Steven Fischer (PA2005 -098) - 3600 E. Coast Highway; Hamburger Mary's Bar and Grille Restaurant (PA2005- 087) - 4221 Dolphin Striker Way; and Comprehensive Sign Code Update and Sign Design Guidelines Manual (PA2005 -091). Council Member Rosansky reported that, pursuant to Council policy, he requested an extension to the Planning Commission appeal date to tonight. Planning Director Temple confirmed that Council Member Rosansky provided his request to extend the appeal period in a timely manner and that she forwarded it to the City Clerk. Motion by Council Member Rosanskv to appeal the Steven Fischer project (PA2005 -098) located at 3600 East Coast Highway. Council discussed the merits of the project and the issues of counting onstreet parking towards onsite parking, setting precedence, and the parking supply in Corona del Mar. Jim Hildreth suggested having metered parking. Barry Fischer, developer, stated that the method being used to get the waiver came from the Planning Commission at a meeting. He expressed his concern with how long the appeal could take. The motion failed by the following roll call vote: Ayes: Council Member Rosansky; Mayor Pro Tem Webb; Council Member Daigle Noes: Council Member Selich; Council Member Ridgeway; Council Member Nichols; Mayor Heffernan 17. PLANNING COMMISSION AGENDA FOR JULY 21, 2005. [100 -20051 Planning Director Temple reported on the following Planning Commission items: Volume 57 - Page 360 City of Newport Beach City Council Minutes July 26, 2005 N. Q Barry Saywitz Residence (PA2005 -085) - 5005 River Avenue; Hoag Memorial Hospital Presbyterian - One Hoag Drive; and Domingo Villas, Inc. - 757 Domingo Drive. Referencing the Domingo Villas, Inc. project, Nicholas Hamilton requested sufficient time before the hearing so inconsistencies are reconciled. He presented Council with correspondence. Mike Hoskinson, Spaghetti Bender Restaurant owner, discussed the project and explained why the office space is needed. CONTINUED BUSINESS 18. ESTABLISHING A PROTOCOL FOR THE UPCOMING PUBLIC HEARING FOR THE ST. ANDREWS PRESBYTERIAN CHURCH EXPANSION PROJECT (PA2002 -265). [100 -2005) Senior Planner Campbell highlighted the protocol attached to the staff report. Mayor Heffernan noted that he provided a different script. Council discussed the various options. Jim Hildreth believed that two minutes for public testimony is not enough time. Don Krotee requested that the homeowner associations be given the same amount of wrap up time as the applicant and agreed that the applicant should speak last. Gary McKitterick, attorney for the St. Andrews Presbyterian Church, encouraged separating the two main topics if the issue of expediency can be satisfied. Motion by Council Member Ridgeway to approve the hearing protocol as outlined in Exhibit No. 1, but amend it to allow the homeowners associations to also provide wrap up testimony, provide the applicant with the last five minutes of wrap up time; and set a three hour maximum time limit on public testimony. With the concurrence of Council, Council Member Ridgeway requested that the motion be amended to have a goal of not exceeding three hours of public testimony, rather than setting a three hour maxiumum time limit on public testimony. The motion carried by the following roll call vote: Ayes: Council Member Selich; Council Member Rosansky; Mayor Pro Tem Webb; Council Member Ridgeway; Council Member Nichols; Council Member Daigle; Mayor Heffernan CURRENT BUSINESS 19. ORDINANCE RESTRICTING TRUCKS ON RIDGE PARK ROAD. [700 -2005) Public Works Director Badum reviewed the staff report and reported that they included a three year sunset clause at the request of the residents. Motion by Council Member Ridgeway to introduce Ordinance No. 2005 -15 adding Section 12.32.022 to the NBMC to establish a vehicle weight limit of eight thousand (8,000) pounds on Ridge Park Road between Newport Coast Drive and Volume 57 - Page 361 City of Newport Beach City Council Minutes July 26, 2005 Vista Ridge Road; and establish a three year sunset clause on the ordinance. Council Member Nichols believed that it doesn't make sense to have these exclusions when school is not in session. He added that stop signs should've been erected. Dennis Labonge expressed concern about the traffic solution. He suggested placing the traffic problems on the developers and provided handouts. The motion carried by the following roll call vote: Ayes: Council Member Selich; Council Member Rosansky; Mayor Pro Tem Webb; Council Member Ridgeway; Council Member Daigle; Mayor Heffernan Abstain: Council Member Nichols 20. MARINER'S MILE WATERFRONT WALKWAY: APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH CASH & ASSOCIATES (C- 3548). 1381100 -20051 Public Works Director Badum reviewed the staff report and Council discussed the merits of the project. Council Member Nichols expressed concern that the walkway might block views. Motion by Council Member Ridgeway to 1) approve Amendment No. 2 to the Professional Services Agreement with Cash & Associates and authorize the Mayor and the City Clerk to execute the Amendment; and 2) approve a budget amendment (06BA -003) appropriating $175,750 from Tide and Submerged Land reserves, 230- 3605, to account 7231- C5100703. Jim Hildreth discussed public access. The motion carried by the following roll call vote: Ayes: Council Member Selich; Council Member Rosansky; Mayor Pro Tem Webb; Council Member Ridgeway; Council Member Daigle; Mayor Heffernan Noes: Council Member Nichols P. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. PURCHASE OF SURVEILLANCE MONITORING AND RECORDING SYSTEM FOR THE BALBOA YACHT BASIN ( "BYB "); CONTRACT WITH POST ALARM SYSTEMS (C- 3783). [38.1100 -2005] Jim Hildreth expressed concern about where the surveillance equipment will be housed and asked if the boat owners have been notified about the surveillance system. Motion by Mayor Pro Tem Webb to 1) authorize the purchase and the installation of the alarm system as proposed at the bid price of $31,695; and 2) authorize the Harbor Resources Manager to execute a contract with Post Alarm Systems (C- 3783). The motion carried by the following roll call vote: Ayes: Council Member Sehch; Council Member Rosansky; Mayor Pro Tem Volume 57 - Page 362 City of Newport Beach City Council Minutes July 26, 2005 Webb; Council Member Ridgeway; Council Member Daigle; Council Member Nichols; Mayor Heffernan Q• MOTION FOR RECONSIDERATION - None. R. ADJOURNMENT -10:00 p.m The agenda for the Regular Meeting was posted on July 20, 2005 at 2:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary Mayo City Clerk Volume 57 - Page 363