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HomeMy WebLinkAbout03/25/2008 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting March 25, 2008 — 7:00 p.m. I. STUDY SESSION - 3:30 p.m II. CLOSD_SESSION - 6:15 p.m. III. RECESS IV. RECONVENED AT 7:10 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner VI. CLOSED SESSION REPORT City Attorney Clauson reported that Council will reconvene into Closed Session at the end of the meeting. VII. PLEDGE OF ALLEGIANCE - Council Member Gardner. VIII. INVOCATION - Dr. John A. Huffman, Jr., St. Andrews Presbyterian Church !!:! Library Foundation Presentation of a Check - Newport Beach Public Library Foundation President Tom Edwards presented Library Services Director Katsouleas and Mayor Selich with a check for $293,000. Presentation of Trees to the City Council by the Rotary Club - Rotary Club Members Bill Hossfeld and Peter Smith, Chairman of Arbor Day, presented Council with Mayten trees to commemorate the 40 years that the Rotary Club has been giving trees to third graders in Newport Beach and Costa Mesa. X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION REPORT &ON- DISCUSSION ITEM): Council Member Henn reported that he attended the lifeguard tryouts last Sunday. He discussed the importance of lifeguards and beach safety. Council Member Henn reported that Council conducted the groundbreaking for the McFadden Square Centennial Legacy Project and announced that there is still time to donate to the project. Council Member Henn announced that April is Autism Awareness Month. Volume 58 - Page 431 City of Newport Beach City Council Minutes March 25, 2008 Council Member Rosansky requested a staff report on the status of discussions with Caltrans relative to acquiring Coast Highway. He suggested that a Council committee be formed to oversee the process. Mayor Pro Tem Daigle announced that she attended the Flashlight Easter Egg Hunt at Bonita Creek Park last week. Council Member Gardner requested a staff report to implement a task force consisting of EQAC and General Plan Implementation Committee members to work on green building requirements and the new CEQA requirements relative to global warming. Mayor Selich reported that, on March 13, he attended a "School Saluting History" ceremony at Corona del Mar High School to honor veterans. He discussed the project and reported that students also visit Long Beach Veteran's Hospital during the holiday to deliver presents. Mayor Selich reported that he attended the Police Appreciation Breakfast last week. )[H. CONSENT CALENDAR A. READING OF MINUTES/ORDINANCES AND RESOL TU IONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 11, 2008. [100 -20081 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 ADOPTION 3. KENNELS IN WEST SANTA ANA HEIGHTS. 1100 -20081 Continue to the April 22, 2008 City Council meeting for re- introduction. C. RESOLUTIONS FOR ADOPTION 5. AMENDMENT TO RESOLUTION NO. 2006 -84 AND RENEWED AUTHORIZATION TO ENTER INTO CONTRACTS WITH THE STATE WATER RESOURCES CONTROL BOARD FOR TMDL - RELATED WATER QUALITY STUDIES. [381100 -20081 a) Adopt Resolution No. 2008 -17 amending Resolution No. 2006 -84 authorizing the City Manager to enter into Water Quality Studies relating to Newport Bay's TMDLs, including specifically a Metals - related Storm Drain Study with the State Water Resources Control Board; and b) approve a budget amendment (08BA -054) accepting up to $70,000 from the State Board for the expansion of the Metals - Related Storm Drain Study. 6. RESOLUTION RELATING TO SUPPLEMENTAL PAY FOR CITY EMPLOYEES WHO ARE U.S. SERVICE MEMBERS SERVING IN IRAQ OR AFGHANISTAN. 1100 -20081 Adopt Resolution No. 2008 -18 repealing Resolution No. 2001 -84 and ensuring that City staff members serving overseas in the U.S. Military can receive Supplemental Pay through the end of their deployment. 7. RESOLUTION AUTHORIZING ACCEPTANCE OF DONATIONS FOR THE BACK BAY SCIENCE CENTER'S TEACHING LAB INTERIOR IMPROVEMENTS AND FURNISHING. 1100 -20081 Adopt Resolution No. Volume 59 - Page 432 City of Newport Beach City Council Minutes March 25, 2008 2008 -19 authorizing the City Manager to accept, invest, and expend funds in accordance with the City's investment policy which are donated from various sources (private individuals, corporations, non - profits, and state agencies) for the interior of the Back Bay Science Center's teaching lab. D. CONTRACTS AND AGREEMENTS 8. CLIFF DRIVE PARK STAIRWAY AND HANDRAIL REPLACEMENTS (C- 3795) - COMPLETION AND ACCEPTANCE OF CONTRACT. (381100 -20081 a) Accept the completed project 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 1 year after Council acceptance. 9. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR THE PREPARATION OF SCHEMATIC DESIGN SERVICES, ENVIRONMENTAL IMPACT REPORT, GEOTECHNICAL INVESTIGATION, AND PROJECT MANAGEMENT SERVICES FOR MARINA PARK (C- 4030). 1381100 -20081 a) Approve a Professional Services Agreement with Rabben/Herman Design Office for the preparation of schematic design services on the Marina Park project at a not to exceed price of $518,230 and authorize the Mayor and City Clerk to execute the agreement; b) approve a Professional Services Agreement with Michael Brandman Associates for preparation of the Environmental Impact Report (EIR) for the Marina Park project at a not to exceed price of $195,187 and authorize the Mayor and City Clerk to execute the Agreement; c) approve a Professional Services Agreement with TerraCosta Consulting Group for technical data in support of the EIR for the Marina Park project at a not to exceed price of $33,510 and authorize the Mayor and City Clerk to execute the Agreement; d) establish $37,400 (5% of the agreement amounts recommended) for possible unforeseen circumstances; e) approve an amendment to the Professional Services Agreement with Gable Engineering, Inc. for Project Management Services at a not to exceed price of $86,400 and authorize the Mayor and City Clerk to execute the Agreement; and f) approve a budget amendment (08BA -053) appropriating $1,070,727 from the unappropriated General Fund balance to Account No. 7411- C4002002 (Marina Park) - this amount includes an additional $200,000 to cover future marine sediment/organism analysis and material disposal (consultant selection and scope of work definition are on -going with consultant agreement award at a future Council meeting). 10. TRAFFIC SIGNAL MODERNIZATION (C -3456) - APPROVAL OF PURCHASE CONTRACT WITH ECONOLITE CONTROL PRODUCTS, INC. (contd. from 2/26/08). (381100 -20081 Approve a Purchase Contract with Econolite Control Products, Inc. of Anaheim, for purchase, installation, maintenance and repair services of the icons Advanced Traffic Management System, at a not to exceed price of $584,610 and authorize the Mayor and City Clerk to execute the agreement. 11. TRAFFIC SIGNAL MODERNIZATION (C -3921) - JAMBOREE ROAD CORRIDOR (PHASE 2) AND AIRPORT AREA (PHASE 3) DESIGN - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC. 1381100 -20081 Approve a Professional Services Agreement with Iteris, Inc. of Santa Ana, for Phases 2 and 3 of the Traffic Signal Modernization Project - Volume 58 - Page 433 City of Newport Beach City Council Minutes March 25, 2008 Jamboree Road Corridor and Airport Area design at a contract price of $361,835 and authorize the Mayor and City Clerk to execute the Agreement. 12. RETIREE MEDICAL PROGRAM (C -563). [381100 -2008] Authorize the Mayor, City Manager and City Clerk to execute the documents initiating participation in CEBRT, with the intention of budgeting sufficient funds to fully satisfy the remaining liability over a twenty year period. Council Member Webb abstained on this item. 13. PLANNING MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF ORANGE (C -4031) - THREE PENDING PROJECTS IN WEST SANTA ANA HEIGHTS. [381100 -2008] Authorize the Mayor to execute a Memorandum of Understanding (MOU) between the City and the County of Orange in substantially similar form to the MOU attached to the staff report regarding planning and building services for three pending development projects in West Santa Ana Heights. 15. PROFESSIONAL SERVICES AGREEMENT FOR CONTRACT PLANNING SERVICES (C4083). [381100 -2008] a) Approve a Professional Services Agreement with Deborah Linn dba Linn & Associates of Long Beach, for contract planning services for an amount not to exceed $150,000; and b) authorize the City Manager and City Clerk to sign the agreement. E. MISCELLANEOUS 16. REPLACEMENT OF PLAYGROUND EQUIPMENT AT BEGONIA PARK. [100 -2008] Approve a budget amendment (08BA -057) transferring $25,000 from the unappropriated General Fund to Expenditure Account 4390 -9022 to provide for the insurance deductible for the replacement of the tot lot playground equipment at Begonia Park. 17. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY 2007 /2008 EXPENDITURE ACCOUNTS. [100 -2008] Approve a budget amendment (08BA -055) to increase revenue estimates by $293,000 in Account No. 4090 -5893 (Library Foundation Donations) and increase expenditure estimates by the same amount in Division 4090 (Foundation). 18. APPROVAL TO PURCHASE RADAR TRAILER PRIOR TO JULY 1, 2008. [100 -2008] Approve the early expenditure of $15,211 from the vehicle replacement fund to replace a radar trailer prior to the beginning of Fiscal Year 2008. 19. PANINI CAFE APPEAL - 2421 E. COAST HIGHWAY - PA2007 -063 (contd. from 11/27/07). [100 -2008] Refer the project to the Planning Commission for consideration. S23. AUTHORIZATION TO RETAIN TOM ROSSMILLER (RETIRED EMPLOYEE) ON A PART -TIME BASIS (C- 4034). [381100 -2008] Authorize the City Manager to execute a Professional Services Agreement in substantially similar form to the agreement attached to the staff report with Tom Rossmiller for part -time work associated with Newport Bay. Volume 58 - Page 434 City of Newport Beach City Council Minutes March 25, 2008 Mayor Pro Tem Daigle reiterated Study Session discussions to move forward with Phases 2 and 3 of the Traffic Signal Modernization Project (Item 11). In response to Mayor Selich's question regarding Item 19 (Panini Cafe Appeal), City Attorney Clauson indicated that the item will not be returning to Council unless it is appealed. City Manager Bludau requested that Item 3 (Kennels in West Santa Ana Heights) be continued to April 22 and that Item 4 (Amendment to the City Hall Design Committee) be pulled off of the Consent Calendar and have it trail Item 21 (Appointments to the City Hall Design Committee) discussions in the event Council wants to amend the Committee makeup. Dick Nichols requested to see schematics of the Marina Park project (Item 9), believed that the City already purchased traffic signal systems but agreed that the project should be done in phases, discussed the financing for Item 12, and explained why the playground equipment at Begonia Park (Item 16) was replaced. Motion by Mayor Pro Tem. Daigle to approve the Consent Calendar except for the item removed (14); and noting the continuance of Item 3 to April 22, that Item 4 will trail Item 21 discussions, the emphasis to conduct.Item 11 in phases, and the abstention by Council Member Webb on Item 12. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner )III. ITEM REMOVED FROM THE CONSENT CALENDAR 14. AUTHORIZATION TO CONTRACT WITH VAN SCOYOC ASSOCIATES REGARDING ADVOCACY FOR UPPER NEWPORT BAY AND LOWER NEWPORT BAY DREDGING (C4032). 1381100 -20081 In response to Council Member Gardner's questions, Assistant City Manager Kiff indicated that Van Scoyoc Associates will focus on both the Upper and Lower Newport Bay dredging projects. He reported that their advantage for the Upper Newport Bay project is that they can work with the Army Corps of Engineers since they are former members of the Corps to reprogram funding for other projects that have not started and use that money toward the City's projects. Council Member Rosansky noted that the Corps agreed that the canal behind Newport Shores needs dredging but are not sure how to fund this project. He requested that this project be added to the scope. Assistant City Manager Kiff indicated that he will discuss this with Van Scoyoc Associates. Motion by Council Member Gardner to a) authorize the City Manager to enter into a Professional Services Agreement of up to $60,000 to Van Scoyoc Associates to advocate for dredging the Lower Bay and for funding the Upper Bay Ecosystem Restoration Project; and b) approve a budget amendment (08BA -056) relating to appropriating $60,000 for this effort. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Volume 58 - Page 435 City of Newport Beach City Council Minutes March 25, 2008 XIV. ORAL REPORTS FROM CITY_COUNCIL.ON COMMITTEE ACTIVITIES Council Member Gardner reported that the Coastal/Bay Water Quality Committee will be bringing a recommendation to Council relative to using artificial turf where appropriate. She stated that the committee will also be receiving suggestions from staff relative to controlling runoff. XV. PUBLIC COMMENTS - None XVL PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 20. PLANNING COMMISSION AGENDA FOR MARCH 20, 2008. 1100 -20081 Planning Director Lepo reported on the following items: Fury Rok & Rol Sushi Lounge (PA2005 -018) - 4221 Dolphin Striker Way; Pavilions Wine Tasting - 21181 Newport Coast Drive; Hoag Memorial Hospital Presbyterian (PA2007 -073) - One Hoag Drive; Seashore Village (PA2007 -100) - 5155 River Avenue; and Sejour (PA2002.167) - 3400 Via Lido. In response to Council Member Webb's questions, Planning Director Lepo described the proposed Hoag Hospital soundwall. XVII. CONTINUED BUSINESS 21. CONFIRMATION OF APPOINTMENTS TO THE CITY HALL DESIGN COMMITTEE ( contd. From 3 /11 /08). 1241100 -20081 4. AMENDMENT TO RESOLUTION THAT ESTABLISHED THE CITY HALL DESIGN COMMITTEE (contd. from 3/11/08). 1100 -20081 Mayor Selich discussed the process that the Building Committee used to nominate the eight applicants and Larry Tucker. He indicated that Council can change the makeup of the committee through Item 4, otherwise Item 4 will be tabled. He asked if Council wanted to add any names for appointment consideration and indicated that they received three landscape architect applications, the Building Committee interviewed two of them, and only nominated one applicant. Deputy City Clerk Brown announced the votes as followed: George Bissell received 2 votes (Webb, Curry); Jeff Gill received 1 vote ( Rosansky); Rush Hill received 6 votes (Henn, Rosansky, Webb, Curry, Gardner, Selich); Walt Richardson received 6 votes (Henn, Rosansky, Webb, Daigle, Gardner, Selich); Stephen Sandland received 7 votes (Henn, Rosansky, Daigle, Webb, Curry, Gardner, Selich); Niall Saunders received 3 votes (Daigle, Curry, Gardner); Linda Taylor received 4 votes (Henn, Daigle, Webb, Selich); and Andrew Bowden received 6 votes (Henn, Rosansky, Daigle, Curry, Gardner, Selich). Motion by Mayor Selich to a) appoint Rush Hill, Walt Richardson, Stephen Sandland, and Linda Taylor as the licensed architects and Andrew Bowden as the licensed landscape architect to the City Hall Design Committee; b) appoint Larry Tucker as the non - voting Chairman to the City Hall Design Committee; and c) table Item 4 (Amending the Resolution that Established the City Hall Design Committee). The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Council Member Rosansky and Mayor Selich commended the caliber of all the applicants. Volume 58 - Page 436 City of Newport Beach City Council Minutes March 25, 2008 XVIII. 22. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE CITY COUNCIL PRIORITIES FOR 2008. 1100 -20081 City Manager Bludau provided a staff report. Without objection, Council received and filed the report. XIX. MOTION FOR RECONSIDERATION - None VI. CLOSED SESSION - Council recessed to Closed Session at 8:00 p.m. and reconvened at 9:15 p.m. with all members present. There was no reportable action. XX. ADJOURNMENT - Adjourned in memory of Robert Pettit The agenda for the Regular Meeting was posted on March 19, 2008, at 4:00 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 21, 2008, at 12:05 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. oC Q tY-Wro'-') Recording, Secretary City Clerk Volume 58 - Page 437