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HomeMy WebLinkAbout04/08/2008 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 8, 2008 — 7:00 p.m. 1. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 5:17 p.m III. RECESSED W. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner VI. CLOSED SESSION REPORT - None VII. PLEDGE.OF ALLEGIANCE - Council Member Rosansky VIII. INVOCATION - Reverend Tim McCalmont, Presbyterian Church of the Covenant in Costa Mesa DL PRESENTATIONS Presentation of a Proclamation to the American Heart Association for Start! Walking Day on April 16, 2008 - Mayor Selich read the proclamation and presented it to Dawn Hoem. Ms. Hoem stated that they hope to walk one million miles across the nation to raise $1 million. Presentation of a Proclamation for DMV/Donate Life California Month - Mayor Selich read the proclamation and presented it to Susan Duffy. Ms. Duffy reported that people can find out more information about the program at www.donatehfecalifornia.org or www.donevidacalifornia.org, and announced that the Annual Donate Life Walk/Run will be held at Cal State Fullerton on April 26. Presentation of Check by Newport Beach Arts Foundation for Marine 1/1 Memorial Monument - Lila Crespin and Patricia Jorgensen presented a $5,000 check to Mayor Selich and Council Member Curry. Council Member Curry announced that the groundbreaking ceremony will be held on May 26. x NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM): Mayor Pro Tem Daigle described the proposal that the Harbor Commission will be considering on April 9 relative to constructing docks for offshore moorings. Council Member Gardner announced that the Corona del Mar Residents Association will be holding its annual meeting on April 23 at 5:30 p.m. at Sherman Gardens; the Corona del Mar Neighborhood Watch will be getting a presentation on April 16 at 6:30 p.m. at the Central Library; and the Fire Volume 58 - Page 441 City of Newport Beach City Council Minutes April 8, 2008 Department vs. Police Department basketball game will be held on April 11 at 6:00 p.m. at the Newport Coast Community Center. Council Member Gardner announced that, after 11 years, the "Contaminated Water" sign has been removed from Newport Island 33rd Street beach due to the efforts of the City and residents. Council Member Curry reported that General Services will begin repairing the potholes on San Joaquin Hills on April 9. Council Member Curry discussed his week long participation at Harvard University on the topic of "Driving Government Performance." Council Member Webb announced that the Orange County Transportation Authority (OCTA) will be holding an open house on April 10 at 5:00 p.m. at the Boy Scout Seabase relative to the possible extension of Route 55. Mayor Selich reported that the OCTA will also be discussing the possible extension of Route 55 at the Speak Up Newport meeting on April 9 at 6:00 p.m. at the Newport Beach Yacht Club. Mayor Selich and Council Member Webb discussed the traffic delays on Coast Highway between Dover Drive and Newport Boulevard. Mayor Selich indicated that the delays are generally from 9:00 a.m. to 3:00 p.m., will run until April 18, and that more information is available on Caltrans' Transportation Hotline (800- 724 - 0353). Council Member Rosansky noted that there will also be delays on Superior Avenue from Coast Highway to 17th Street due to Costa Mesa and Newport Beach's repaving projects. XII. CONSENT CALENDAR A. READING OF. MINUTES /ORDINANCES ANDRESOLU270NS 1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING OF MARCH 25, 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. RESOLOTIONS FOR ADOPTION 3. RESOLUTION ESTABLISHING THE TASK FORCE ON GREEN DEVELOPMENT. 1100 -20081 Adopt Resolution No. 2008 -21 establishing the Task Force on Green Development. 4. PROPOSED ASSESSMENT DISTRICT NO. 101 - AREA GENERALLY BOUNDED BY BUENA VISTA AVENUE, EDGEWATER AVENUE, ADAMS STREET, AND BALBOA BOULEVARD - FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT. [381891100 -20081 a) Adopt Resolution No. 2008 -22 Receiving a Petition for, Adopting a Map Showing the Proposed Boundaries of, and Making Appointments for Proposed Assessment District No. 101; b) adopt Resolution No. 2008 -23 Declaring Intention to Order the Construction of Certain Improvements in Proposed Assessment District No. 101, Declaring the Improvements to be of Special Benefit, Describing the District to be Assessed to Pay the Costs and Expenses Thereof, Providing for the Issuance of Bonds, and to Designate the Area an Underground Utilities District; c) adopt Resolution No. 2008 -24 Giving Preliminary Approval to the Volume 58 - Page 442 City of Newport Beach City Council Minutes April 8, 2008 Report of the Assessment Engineer for Assessment District No. 101, Setting a Time and Place for a Public Hearing as May 27, 2008, and Ordering the Initiation of Assessment Ballot Procedures; d) Resolution No. 2008 -25 Approving Utility Improvement Contracts for Utility Improvements for Assessment District No. 101; and e) approve the Bond Counsel Agreement with Robert Hessell (C- 4039), and authorize the Mayor and City Clerk to execute the Agreement. C. CONTRACTS AND AGREEMENTS 5. POLICE FACILITY LOBBY RENOVATION (C -3902) - AWARD OF CONTRACT. [381100 -20081 a) Approve the project plans and specifications; b) award contract to Houalla Enterprises Ltd., dba Metro Builders & Engineers Group LTD., for the total bid price of $249,400, and authorize the Mayor and City Clerk to execute the contract; and c) establish $26,900 to cover construction contingency and other anticipated costs. D. MISCELLANEOUS 9. CITY GATEWAY SIGNAGE PROJECT (C -3914) - APPROVAL OF ADDITIONAL FUNDS. [381100 -20081 Approve a budget amendment (08BA -058) transferring $34,426 from the Newport Coast Community Center FF &E, Account No. 7019- C5100977, to Account No. 70174- C2700813 for an additional monument sign at the Newport Coast Community Center (NCCC). Regarding Item 5, Mayor Pro Tem Daigle noted the resident contribution which helped offset the cost. Regarding Item S13, she indicated that the plan will improve public access. Motion by Mayor Pro Tem Daigle to approve the Consent Calendar, except for the items removed (6, 7, 8, S13 & S14). 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 XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 6. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH GLOBAL POWER GROUP, INC. FOR ON -CALL GENERATOR MAINTENANCE AND REPAIR SERVICES (C- 4036). [381100 -20081 In response to Dick Nichols' question, City Manager Bludau clarified that the contract is for on -call maintenance of the City's generators, not to purchase additional generators. Motion by Council Member.Curry to approve a Professional Services Agreement with Global Power Group, Inc. for on -call repair and maintenance services for generators, and authorize the Mayor and City Clerk to execute the Agreement. 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 7. PROFESSIONAL SERVICES AGREEMENT WITH WALKER PARKING CONSULTANTS FOR A PARKING MANAGEMENT STUDY AND PARKING CODE ANALYSIS (C4037). 1381100 -20081 Volume 58 - Page 443 City of Newport Beach City Council Minutes April 8, 2008 Council Member Henn suggested that the contract include an analysis and recommendation relative to using automated parking solutions. In response to Dick Nichols' question, Mayor Selich indicated that the contract is for a feasibility study and that automated parking structures is just one idea to consider in the study. Assistant City Manager Wood reported that the agreement is to study the parking supply and demand, different management techniques, and possibly add to the public parking supply. Further, the consultants will assist with the parking requirements in the new zoning code. Dolores Otting took issue with spending $196,380 for a parking feasibility study when Council has yet to approve a $200,000 emergency warning system. Motion. by, Council Member Webb to a) approve the Professional Services Agreement with Walker Parking Consultants for a not to exceed cost of $196,380; and b) authorize the Mayor and City Clerk to sign the Agreement. 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 8. OIL WELL SERVICE REPAIRS - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT (C- 4002). 1381100 -20081 Dick Nichols noted the price of the contract and suggested conducting an analysis of the oil wells. Utilities Director Myrter reported that the City made over $1 million last year from the oil wells. Motion by Council-Member Webb to approve Amendment No. 1 to Professional Services Agreement with Oil Well Service Company for on -call oil repair services and authorize the Mayor and City Clerk to execute the Amendment. 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 S13. COUNCIL ACCEPTANCE AND FILING OF THE SANTA ANA RIVER TRAILS VISION PLAN REPORT. 1100 -20081 Council Member Gardner reported that the City received a grant from the Wildlands Conservancy to conduct a vision plan for its end of the Santa Ana River. She indicated that Newport Beach, Huntington Beach, and Costa Mesa's vision plans will be combined in order to get public feedback on how to make the Santa Ana River a recreational facility, as well as a flood control facility. Motion, by Council Member Webb to a) accept and file the report; and b) start meeting with key interest groupsistakeholders to solicit feedback and start coordinating with other agencies which have also developed plans for their segments of the Santa Ana River. 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 S14. STIPEND FOR CITY HALL DESIGN COMPETITION. 1731100 -20081 Volume 58 - Page 444 City of Newport Beach City Council Minutes April S, 2008 Barry Allen reported that he attended yesterday's City Hall Design Committee meeting and took issue that the City will be paying firms to compete to design the new City Hall since the winning firm will be making a lot of money from the design/build contract. He noted that the initial amount was $25,000 per firm but was increased to $50,000 per firm. He suggested going out to bid for the project. Jan Vandersloot noted that he also attended the committee meeting and took issue that the building size and parking lot size increased from what was voted on in February. Mayor Selich confirmed that Council will see the design criteria. He clarified that the $50,000 stipend was a recommendation from the Building Committee and reported that his research confirmed that this amount was sufficient in order to have the beat architectural firms submit proposals. Mayor Pro Tem Daigle indicated that she spoke to people in that profession and they confirmed that offering a stipend is standard practice. Dick Nichols asked when the scope of work and transportation criteria will be developed. Mayor Selich stated that the program parameters will be discussed at a future Council meeting. Dolores Otting took issue with the change in size of the City Hall building and parking structure, paying each architect firm $50,000 when the City could purchase an emergency warning system on the Peninsula, allowing staff to update the needs assessment, the amount that the project will cost, and that Council did not pull this item for discussion. She suggested creating a plan where staff works three days a week for 12 hours each day. Motion by Council Member Webb to authorize a stipend of $50,000 per firm for the firms selected by the City Council to participate in the City Hall Design Competition. 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 XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Pro Tem Daigle announced that the Media and Communications Committee will be meeting on April 9 at 2:30 p.m. to look at the City's communication plan. Mayor Pro Tem Daigle discussed the Aviation Committee and indicated that she will be making comments during Item 12. Council Member Curry reported that the Finance Committee reviewed the City's insurance program. He stated that they also received a report on the benchmarking performance measures and that a report will be coming before Council on April 22. XV. PUBLIC HEARING 10. REVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FISCAL YEAR 2008 -2009 ONE -YEAR ACTION PLAN FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 1100 -20081 Kathlyn Bowden, Economic Development Coordinator, provided the staff report and reported that the City's entitlement amount is $355,659. She stated that the five public service providers that will be receiving a total of $53,348 in public service grants are Human Options, South County Senior Services, Serving People in Need (SPIN), Families Forward, and Fair Housing Council of Orange County. Volume 58 - Page 445 City of Newport Beach City Council Minutes April 8, 2008 In response to Council Member Rosansky's question, Assistant City Manager Wood reported that the City can only use 20% of the funds for public services and, since the grant requires a lot of reporting for a smaller portion of money, many public service providers no longer apply for the grant. However, this now allows the City to give a more reasonable amount of money to the agencies. Mayor Selich opened the public hearing. Margie Wakeham, Executive Director of Families Forward, distributed a brochure and her business card, and discussed Family Forward's broad range of services. She reported that they assisted 150 Newport Beach families last year and that the average stay is one year. Jean Wagner, Serving People In Need (SPIN), reported that 10,000 volunteer hours were donated last year, 93% of the funds received go directly to the program, 86% of the people they helped became self - sufficient, and they were able to help 14 people due to the City's grant. Alicia Basurto, Human Options Associate Director, stated that the staff report indicated that Human Options would assist five clients from the City with domestic violence issues; however, they can actually assist 45 clients with the grant. Hearing no further testimony, Mayor Selich closed the public hearing. Motion by Council Member Webb to approve the 2008 -2009 CDBG Action Plan; authorize the City Manager or his designee to execute the FY 2008 -2009 CDBG Program Grant Agreement and all related documents on behalf of the City; and adopt Resolution No. 2008 -26 authorizing the City Manager to submit the FY 2008 -2009 application for CDBG funds and One -Year Action Plan to HUD. 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 XVI. PUBLIC COMMENTS Debra Reed, . South Coast Air Quality Management District ( SCAQMD), provided an SCAQMD newsletter and "save the date" cards for their conference/expo in September. She reported that they are also accepting nominations for the 20th Annual Clean Air Awards (www.aqmd.gov). Council Member Gardner reported that Ms. Reed volunteered to be on the Task Force on Green Development. Tony Peoca, speaking on behalf of 10,000 Costa Mesa residents, discussed the potential Route 55 expansion and concerns that the residents have about the proposal. Karen Tringali expressed concern that there is a movement to increase the size of City Hall and the parking structure from what was discussed during the February election. Dolores Otting agreed with Ms. Tringali and asked why a needs assessment was not doing during the negotiations with The Irvine Company. She reminded Council that the public will be paying for the new City Hall and that all the meetings should be open to the public. Ms. Otting reported on a Water Advisory Committee (WACO) meeting she attended in Fountain Valley last Friday in which pharmaceuticals in drinking water was discussed. Jan Vanderaloot expressed concern that City Hall will take over the entire park site since the building size will be increasing. He recommended retaining the current Council Chamber for a community Volume 58 - Page 446 City of Newport Beach City Council Minutes April 8, 2008 center. Dr. Vandersloot questioned why the olive trees are being cut down near the DeAnza Mobile Home Park. City Manager Bludau indicated that General Services Director Harmon has met with the DeAnza Homeowners Association and reported that the trees will be replaced. He indicated that Dr. Vandersloot can contact the General Services Director for more information. Council Member Webb reported that he receives tree removal reports from General Services for his district and that most of the trees are removed because they are diseased. Barry Allen suggested not erecting signals or adding roads in the City Hall design so public views along MacArthur Boulevard are not impacted. He also recommended placing a green roof on the new City Hall. XVII. PLANNING, COMMISSION AGENDA AND ORAL STATUS REPORT 11. PLANNING COMMISSION AGENDA FOR APRIL 3, 2008. [100 -20081 Planning Director Lepo reported on the following items: Fury Security Plan; Seashore Village (PA2007.100) - 5515 River Avenue; Megonical Residence (PA2007 -133) - 2333 Pacific Drive; 311 Fernlea£ Avenue Appeal (PA2008 -009); Bay Burger (PA2007 -219) - 600 Bay Avenue; and Tommy Bahamas (PA2008 -029) - 854 Avocado Avenue. XVIII. CURRENT BUSINESS 12. CONTRACTUAL AGREEMENT BETWEEN THE CITY AND THOMAS C. EDWARDS FOR CONSULTING SERVICES REGARDING JOHN WAYNE AIRPORT ISSUES (C- 4038). 1381100 -20081 City Manager Bludau highlighted the Newport Beach City Council Airport Policy and reported that the contract is to have Mr. Edwards meet regularly with community -based organizations and individuals interested in John Wayne Airport (JWA) issues. He noted that copies of the proposed agreement were distributed. Mayor Pro Tem Daigle discussed airport issues and the importance of preventing the expansion of JWA while preserving the settlement agreement and existing noise curfew, and the potential environmental impacts of JWA. She reported that the key provisions of the airport policy were incorporated into the General Plan Update and include strengthening the City's relationship with other cities impacted by JWA. She discussed using Go Local Program funds, fording other ground transportation alternatives, and retaining the services of Richard Cox. She commended the work of the Airport Working Group (AWG) and AirFair. Motion by Council Member Curry to a) approve the City Manager's recommendation to enter into the agreement; and b) authorize the City Attorney to finalize a professional services contract which incorporates the scope of work and financial considerations stated in the staff report. 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 515. CONTRACT PLANNING SERVICES AND HEARING OFFICER SERVICES RELATING TO TITLE 20 HEARINGS. [681100 -20081 Assistant City Manager Kiff provided the staff report, reviewed the recommendations, and reported that the City has not received any group residential home applications. Volume 58 - Page 447 City of Newport Beach City Council Minutes April 8, 2008 In response to Dolores Otting's questions, Assistant City Manager Mff reported that the budget was included in the implementation plan. He reported that code enforcement conducts investigations relative to any group residential home allegations and issues, but cannot comment on any investigation since they are ongoing. Council Member Henn emphasized that the City is serious about enforcement and implementing the ordinance. He reported that the City has more to do to verify that the hearing officers and firms do not have any conflict of interests and received confirmation that staff may come back to Council with different or additional recommendations for hearing officers and firms. Motion by-Council Member Rosanskv to a) ratify the City Manager's recommendation of the following persons to conduct administrative hearings on Title 20 issues: Thomas W. Allen, Judy A. Sherman and Charles S. Vose; and b) ratify the City Manager's recommendation to interview and select one or more of the following firms /persons to serve as contract planning staff to assist in the review and processing of Use Permit applications for Group Residential Uses: Larry Lawrence of Lawrence & Associates; Debbie Linn of Linn & Associates; and Roger W. Mobley of Roger W. Mobley Consulting. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner XD: MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - Adjourned at 8:43 p.m. to Wednesday, April 16, 2008, at 7:00 p.xn. The agenda for the Regular Meeting was posted on April 2, 2008, at 2:30 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 April 4, 2008, at 2:35 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. rW ROME LIL /_ Pm 14 � City Clerk Volume 58 - Page 448