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HomeMy WebLinkAbout03/11/2008 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting March 11, 2008 — 7:00 p.m I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 4:30 p.m. III. RECESS rV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Excused: Mayor Pro Tern Daigle Vi. CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIANCE - Council Member Rosansky VIII. INVOCATION - Reverend Dr. Dennis Short, Pastor, Harbor Christian Church, President of Newport -Mesa Irvine Interfaith Council D:. PRESENTATIONS - None X. NOTI CET O. THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR_MATTERS WHIC13 COUN_C_.IL MEMBERS WQULD LIKE _PLACED ON A. FUTURE AGENDA FOR DISCUSSION, ACT ION OR REPORT (NON- DISCUSSIQN ITEMI: Council Member Henn announced that the McFadden Square Memorial groundbreaking will take place on Monday, March 17th at the Newport Pier. He also encouraged residents to buy pavers to memorialize their family or make a donation of $250 to help pay for the project. He thanked Council Member Curry for the invitation to the Mayors breakfast, which included a speech from Tim Salmon of the Anaheim Angels. Council Member Rosansky announced that Sunset Ridge Park will be discussed at the Study Session of March 25th. Council Member Gardner announced that there will be a community outreach meeting on March 19th regarding Banning Ranch from 7 -9 pm in the Council Chambers. She also announced that there will be a community outreach meeting on March 24th and April 6th in the Council Chambers regarding Buck Gully and the erosion control plans. Council Member Curry requested that staff prepare a study session report that will show the sufficiency of City laws to prevent concentration of sex offenders. Volume 58 - Page 419 City of Newport Beach City Council Minutes March 11, 2008 Mayor Selich reported that he attended the dinner at the Newport Balboa Rotary to honor the 1(1 Marines who returned from Iraq. He read a proclamation that he presented to them. Mayor Selich announced that on March 1st he attended the City Arts Commission annual juried art show. XII. CONSENT _CALENDAR A. .. READING OF MINUTESIORDINANCES AND RESOL UTIONS 1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING OF FEBRUARY 26, 2008. [100 -2008] 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. B. ORDINANCE FOR INTRODUCTION 3. KENNELS IN WEST SANTA ANA HEIGHTS. ]100 -2008] Introduce Ordinance No. 2008 -9 amending Title 7 and Title 20 of the NBMC pertaining to the regulation of kennels, and pass to second reading on March 25, 2008. C. RESOLUTIONS FOR ADOPTION 4. PROPERTY TAX EXCHANGE WITH THE COUNTY OF ORANGE FOR THE SANTA ANA COUNTRY CLUB AND SOUTH OF MESA DRIVE AREAS. [211100 -2008] Adopt Resolution No. 2008 -15 relating to a Property Tax Exchange for the South of Mesa Drive area and Santa Ana Country Club. Council Member Webb registered a no vote on this item 5. ADOPTION OF A RESOLUTION RE- ESTABLISHING AN AD HOC COMMITTEE FOR THE CITY HALL BUILDING AND MASTER PLAN AND BUILDING OF OASIS SENIOR CENTER. (100 -2008] a) Adopt Resolution No. 2008 -16 establishing an Ad Hoc Committee for the City Hall Building and Master Plan and Building of OASIS Senior Center; and b) confirm the Ad Hoc Committee appointments made on January 8, 2008: Mayor Ed Selich and Council Members Henn and Rosansky. D. CONTRACTS AND AGREEMENTS 6. AWARD CONTRACT ON BEHALF OF THE INTREGATED LAW AND JUSTICE AGENCY FOR ORANGE COUNTY ( ILJAOC) FOR IMPLEMENTATION OF A COURT ACCESS MODULE WITHIN THE COUNTYWIDE SCHEDULING PROGRAM TO INTIME SOLUTIONS, INCORPORATED (C- 8579). (381100 -2008] a) Award a contract in the amount of $98,725 to provide licensing, support, and implementation services for a Court Access Module, an enhancement to the current Countywide scheduling component of the ILJAOC to InTime Solutions, Inc., the current scheduling vendor with funding to be provided by the 2002 COPS Technology Grant with no matching funds required; and b) authorize the Chief of Police, on behalf of the ILJAOC Joint Powers Authority (JPA) and the City of Volume 58 - Page 420 City of Newport Beach City Council Minutes March 11, 2008 Newport Beach, to execute a standard Professional Services Agreement contract with InTime Solutions, Inc, as approved by the City Attorney's Office. EXTENSION OF AGREEMENT WITH TRUGREEN LANDCARE, LLC FOR LANDSCAPE MAINTENANCE OF BONITA CANYON SPORTS PARK (C- 3616). [381100 -2008] Approve the agreement with TruGreen Landcare, LLC for continued landscape maintenance of Bonita Canyon Sports Park through August 29, 2008 8. SIDEWALK, CURB AND GUTTER REPLACEMENT FY07 -08 (C -3974) - AWARD OF CONTRACT. 1381100 -20081 a) Approve the project plans and specifications; b) award C -3974 to Olivas Valdez Inc. for the total bid price of $736,133.50, and authorize the Mayor and the City Clerk to execute the contract; and c) establish $61,766.50 (8.7% of low bid) to cover the cost of unforeseen work. 9. HUMAN RESOURCES TRAILER SITE IMPROVEMENTS (C -3987) - COMPLETION AND ACCEPTANCE. 1381100 -20081 a) Authorize the completed contract work; b) authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bond one year after Council acceptance. 10. SUPERIOR AVENUE MEDIAN IMPROVEMENTS (C -3794) - COMPLETION AND ACCEPTANCE. 1381100 -20081 a) Authorize the completed contract work; b) authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bond one year after Council acceptance. 11. DOLPHIN DEEP WATER WELL REHABILITATION '(C -3978) - COMPLETION AND ACCEPTANCE. [381100 -20081 a) Authorize the completed contract work; b) authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bond one year after Council acceptance. 12. RETIREE MEDICAL PROGRAM (C -568). 1381100 -20081 Continue to March 25. E. MISCELLANEOUS 13. APPROVAL OF BUDGET AMENDMENT TO PURCHASE PROJECT MANAGEMENT SOFTWARE FROM CYCOM DATA SYSTEMS, INC. [100 -2008] a) Approve a budget amendment (08BA -052) in the amount of $12,035 from General Fund unappropriated surplus fund balance; and b) authorize the City Attorney to enter into a License Agreement with Cycom Data Systems, Inc. for project management software developed specifically for the City Attorney's Office. 14. COUNCIL REVIEW OF LIBRARY DIRECTOR AND RECREATION Volume 58 - Page 421 City of Newport Beach City Council Minutes March 11, 2008 AND SENIOR SERVICES DIRECTOR JOB ADVERTISEMENTS. [100- 2008] Receive and file. 15. INFORMATION TECHNOLOGY JOB TITLES AND COMPENSATION CHANGES. 1100 -20081 Approve the City Manager's recommendation to change job titles and compensation for certain information technology positions as listed in the staff report. 16. RECLASSIFICATION OF GEOGRAPHIC INFORMATION SYSTEMS (GIS) ANALYST POSITION IN PLANNING DEPARTMENT TO PLANNING SYSTEMS ADMINISTRATOR. 1100 -20081 Approve the City Manager's recommendation to reclassify one position in the Planning Department from Geographic Information Systems (GIS) Analyst to a newly created classification of Planning Systems Administrator, and establish the salary. Motion by Council ..Memher. Webb to approve the Consent Calendar, noting Council Member Webb's no vote on Item 4; Mayor Selich's request that Item S21 be considered with Item 18; and continuance of Item 12 to the March 25th meeting. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Absent: Mayor Pro Tem Daigle XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR -None )UV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Curry announced that there will be a Finance Committee meeting on March 12th at 2:30 p.m. XV. PUBLIC COMMENTS Louise Fundenberg, President of the Central Newport Beach Community Association, thanked Council and the General Services Department for the landscaping under the Star Pine at Medina and Balboa. Dianna Pfaff - Martin asked Council to consider making Newport Beach a no smoking city and urged Council and residents to join the No- Smoking Coalition. XVI. PLANNING COMMISSION AGENDA AND ORAL STATUC3 REPORT 17. PLANNING COMMISSION AGENDA FOR MARCH 6� 2008. [100 20081 Planning Department Director Lepo reported on the following items: Peter Ferrarini Residence (PA2007 -214) - 201 Crystal Ave; Hoag Memorial Hospital (PA2007 -073) - One Hoag Drive; and Fury Rok & Roll Sushi Lounge - 4221 Dolphin Striker Way. XVII. CONTINUED BUSINESS 18. CONFIRMATION OF APPOINTMENTS TO THE CITY HALL DESIGN COMMITTEE. 1241100 -20081 Volume 58 - Page 422 City of Newport Beach City Council Minutes March 11, 2008 521. AMENDMENT TO RESOLUTION THAT ESTABLISHED THE CITY HALL DESIGN COMMITTEE. 1291100 -20081 Mayor Selich reported that 24 applications were received (three landscape architects and 21 architects). He noted that he would like the item continued to the next meeting to allow for more time to conduct interviews. Allan Beek believed that planning for the new City Hall is premature until it is known where the building will be and he noted that Measure B is tied up in court. City Attorney Clauson stated that The Irvine Company has agreed to change the restrictions on the site and the CIOSA agreement does not prevent Council from building on the property. She said the status of Measure B does not affect the decision to build City Hall on the park site. Richard Tanzer, Vice President of National Cat Society, stated that he did not realize that Item 3 (Kennels in West Santa Ana Heights) was already introduced. City Attorney Clauson suggested that since there was action already taken on the introduction of the ordinance, that the speaker discuss the issues with the Police Department and if he still needs to address Council, he will be able to at the March 25th meeting prior to the adoption of the ordinance. Motion by Council Member Webb to continue agenda items 18 & S21 to the March 25th meeting. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Absent: Mayor Pro Tem Daigle 19. MARINA PARK CQNCEPT.PLAN.- SIZE AND HEIGHT OF COMMUNITY CENTER_.ANP ,HEIGHT OFSAILING_ CE NTER_R[_Ey_ISED_.TITLE- & ACTIONI. (731100 -20081 Assistant City Manager Kiff reported that the committee consisting of three Council Members and nine community members brought this item back during the design phase because of issues that residents are concerned about. The key issues are the building size and height of the community center, the height of the sailing center, and whether the community center will be used at the site. Louise Fundenberg urged Council to limit the height of the community center and sailing center to 35 feet. Ernie Bakenie voiced concerns about the height of the structures. Larry Porter stated that he campaigned against Measure L, in order to make the area • park and now the plan is to have cement structures which violates the spirit of what • park is supposed to be. Kathleen Callahan stated that when they voted it was a choice between a hotel and a park and she had no concept that there would be a huge structure there. Dr. Jan Vandersloot, representing SPON, requested that Council postpone Volume 58 - Page 428 City of Newport Beach City Council Minutes March 11, 2005 XVIII. the consideration of a community center at Marina Park because if the City retains the City Hall site it can be used as a community center instead. Tom Billings, Protect Our Parks, stated that his organization is responsible for Marina Park and the concept plan was developed with a vision of tot lots, a Girl Scout building, basketball courts, an aquatics /sailing center, and a community center. He pointed out that they surveyed the community and the results were that they wanted to have a community center at this location. In response to Council Member Henn's question, Mr. Billings stated that the concept plan was explained to many groups and what he thinks has happened is that now that people can see what the building will look like, they are concerned about the size. He also indicated that there has been adequate public outreach. Mayor Selich stated that the project has been in the works for a long time and the public has been noticed and invited to weigh in on different issues. He suggested that Council accept the park concept plan and recommended that the height be lowered to 35 feet in the Shoreline Height Limitation Zone with an exception to allow the height to exceed 35 feet for architectural features. In reponse to Council Member Gardner's question, Mayor Selich stated that there are no functional elements that would be affected if the building is reduced to 35 feet in height. Council Member Webb clarified that the building does not take up the site in volume and stated that they worked hard to set the building away from the street to allow for views. He also stated that the structural and architectural features are very important and that the interest in character is his concern, not the height. Council Member Curry noted that the community center will have tremendous use and it will serve a purpose, unite the community, and is appropriate for the Peninsula. Council Member Henn expressed support for Mayor Selich's recommendation and clarified that the survey showed overwhelmingly that the community center and sailing center are desired features. He believed that the building height should be reduced and suggested that staff re -check the sailing center program to make sure that the reduction in height will not cause problems. He is confident that the project will not be bigger or taller than it needs to be, but would allow for architectural interest and features. Motion by Mayor Selich to reduce the height of the community center and sailing center to 35 feet in the Shoreline Height Limitation Zone and allow the height limitation to be exceeded for architectural features only. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Absent: Mayor Pro Tem Daigle 20. UPPER BAY DREDGING.- .UPDATE ON FUNDING AND CONSTRUCTION. Volume 58 - Page 424 City of Newport Beach City Council Minutes March 11, 2008 1100 -20081 Assistant City Manager Kiff utilized a PowerPoint presentation to provide an update on the dredging of the Upper Bay which included: what is the purpose of the project, maps, features, photos, the project status, funding history, funding shortfall, alternatives to keep the project going, and other issues. He reported that the project shortfall amount is $13,850,000 and that in order to keep the project going the City is working on getting more Federal dollars because the locals have met their match through State bond funds. He also discussed why a city loan, reprogramming and demobilization wouldn't work for this project. He noted that Phase II costs are rising due to an increase in the cost of fuel. In response to City Manager Bludau's question, Assistant City Manager Kiff stated that they have looked at mitigation funds to help with the dredging. The money is usually spent on areas closer to Los Angeles, but it is still an option. The decision for demobilization will need to be made in May or June, which is why they are pushing to save it. Council Member Curry noted that the City has good delegation support in obtaining funding, but budget constraints and priorities in Washington, D.C. are a problem. XDC MOTION.FOR RECONSIDERATION -None XX. ADJOURNMENT- 8:22 p.m - In memory of Gail Kirwan and Gary Proctor to 3:30 p.m on Tuesday, March 25, 2008. The agenda for the Regular Meeting was posted on March 5, 2008, at 2:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on March 7, 2008, at 11:20 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The revised agenda for the Regular Meeting was posted on March 7, 2008, at 11:20 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Mayor volume 58 - Page gzza