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HomeMy WebLinkAbout04/27/2010 - Study SessionCITY OF NEWPORT BEACH City Council Minutes City Council Study Session April 27, 2010 — 4:00 p.m. I. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Gardner Excused: Council Member Webb, Council Member Daigle II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In response to Council Member Gardner's question regarding Item 4 (Parking Meter and Parking Lot Fee Increases), Administrative Services Director McCraner indicated that the proposed rates are competitive with neighboring cities without having premium rates on the weekend. Further, premium rates were not considered since the rate increase is significant compared to the current rates. However, they can analyze utilizing premium rates further if desired. In response to Mayor Pro Tem Henn's question regarding Item 5 (Landfill Rate Adjustment for Solid Waste Disposal Agreements), General Services Director Harmon reported that the increase is equal to the landfill rate increase. Regarding Item 8 (Balboa Boulevard Pavement Rehabilitation), Mayor Pro Tem Henn agreed with staffs comments relative to the quality of the work. Mayor Curry requested and received clarification from Assistant City Manager Wood that Item 20 (Inclusionary Housing) can be continued. Without objection, Council will be allowing staff to go over the Civic Center items (Items 22 and 23) after the discussions about the proposed at -grade parking lot at 608 East Balboa Boulevard (Item SS3). 2. SEPARATION OF RESTAURANT USE PERMITS INTO OPERATOR AND LAND USE PERMITS. Associate Planner Murillo utilized a PowerPoint presentation to discuss the problems associated with bars and nightclubs, the criteria that changes a restaurant into a bar or nightclub, amplified music issues, land use tools that the City utilizes, land use regulations versus operating permits, and the use of live entertainment permits. as an operating permit. He reported on proposed revisions to the live entertainment permit and its benefits, and also discussed more aggressive options that 1) creates a new operating permit that also regulates entertainment in any establishment that serves alcohol; and 2) pursues full revocation of use permits for problem establishments with continual violations of use permit conditions. He indicated that the amended regulations would only apply to new establishments; unless an existing establishment amended its use permit or becomes a nuisance and is called up for review. Volume 59 - Page 448 City of Newport Beach City Council Study Session April 27, 2010 In response to Council questions, Associate Planner Murillo reported that the City can also regulate late operating hours and food service. Acting City Attorney Mulvihill added that the State regulates the sale of alcohol, but the City has local control over the tone, place, and manner of the use of an establishment and how it impacts neighborhood compatibility. She pointed out that the City has an Alcoholic Beverage Operations (ABO) permit that applies to existing and new establishments, establishments that never applied for the ABO permit, and nuisance establishments. She reiterated that the proposal is to expand the permit to also address entertainment. Council Member Selich stated that the City is sometimes faced with the situation where good operators sell the establishment and the permit is automatically transferred to the new operator since it runs with the land. He indicated that the options provide the City with a better way to deal with enforcement issues and possibly revoke the permit if necessary. Council Member Gardner explained how this could make the City more generous in issuing permits than it has been in the past because there will now be options. She noted that the concept was well- accepted by the Business Improvement District members. Mayor Pro Tern Henn expressed concern that the regulation would only apply to new operators. Associate Planner Murillo clarified that the provisions would also apply to current establishments seeking amendments to their permits. He added that nuisance establishments can be called up for review at any time and that this would then apply to them. George Schroeder believed that this is a step in the right direction since there are problems with some of the establishments. However, he questioned why establishments need to stay open so late. Joe Reiss expressed support for the more aggressive option. Following discussion, it was the consensus of the City Council to begin the process for implementation of the more aggressive option. 3. PROPOSED AT -GRADE PARKING LOT AT 608 EAST BALBOA BOULEVARD. Assistant City Manager Wood provided a staff report and explained the difference between Option 1 at $265,000 and Option 2 at $132,000. She also discussed the option to build a curved wall and install a Balboa Village identification sign that would allow space for temporary advertisement of local events. Mayor Pro Tem Henn noted that it might be awhile before the need to build a parking garage arises, and recommended moving forward with Option 1 since it is a more attractive option and the revenue from the meters could end up repaying for the cost of the improvements. He also expressed support for installing the Balboa Village identification sign. Noting that the Balboa Village Business, Improvement District (BID) is proposing to repay the City for a portion of the cost of the sign, Council Member Gardner suggested that they increase their payments if their budget allows. Assistant City Manager Wood noted that this BID has one of the lowest budgets of all the BIDs. Council Member Gardner expressed support for Option 1. She noted that the City is trying to save money, but having a plain parking lot is not the vision for the Village. Volume 59 - Page 449 City of Newport Beach City Council Study Session April 27, 2010 Council Member Selich also expressed support for Option 1 and pointed out that the sign will look similar to all the other village signs in the City. Mayor Curry and Council Member Rosansky also expressed support for Option 1. Following Council expressing concern about allowing signs to be placed on the identification sign, Assistant City Manager Wood indicated that she will look into what standards and provisions will be placed on the use of the identification sign. W. R. Dildine expressed support for Option 1, but opposition to allowing signs on the Balboa Village identification sign. He suggested making the sign the same size as other village signs. He also requested that more bicycle racks be installed in the area and more citations be written for blocking the sidewalks. Mayor Pro Tom Henn reported that the City is working on a parking governance plan that will provide for more bicycle parking. Based on the consensus of Council, staff will proceed with a CIP budget item to include Option 1 and the Balboa Village identification sign. 22. NEWPORT BEACH CIVIC CENTER PROJECT - PROFESSIONAL SERVICES AGREEMENT WIH BOHLIN CYWINSKI JACKSON FOR ARCHITECTURAL DESIGN SERVICES - CONSTRUCTION DOCUMENTS AND SUPPORT. 23. NEWPORT BEACH CIVIC CENTER PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR PROJECT MANAGEMENT AND CONSTRUCTION MANAGEMENT AT RISK CONTRACT WITH C.W. DRIVER. Public Works Director Badum utilized a PowerPoint presentation to review the Civic Center plan, explain the disaster preparedness room, and show the changes to the Council Chambers, community room, park, and Central Library. He utilized a spreadsheet to highlight the costs and timeline. He noted that cost estimates could now be better defined since the project is further along in the process. He reported that the next step is the approval of the construction management at -risk contract with C.W. Driver which sets a maximum cost and provides incentives if the project is completed under budget. City Manager Kiff discussed meetings with the Finance Committee and reviewed the timeline, noting that groundbreaking will occur on May 11 and the project is proposed to be completed by Fall 2012. In response to Council questions, City Manager Kiff noted that the presentation can also be provided at tonight's meeting. He stated that the project can be phased but it could cost more than the current estimate. Robert Shaffer, CW Driver, indicated that it is common for projects of this size and in the private sector to have floating numbers in order to take advantage of the market. Regarding the layout of the interior, City Manager Kiff indicated that it will be flexible in order to accommodate the changing organization. He noted that many factors are involved with the pricing and keeping within the 5% General Fund threshold, including the City's bond rating /payment and what is done with the current City Hall site. He assured Council that they will continue to work with the Building Committee to reduce costs. Mayor Pro Tern Henn pointed out that the current estimate is predicated on $105 million, so if the cost exceeds that, it could be an issue relative to the Facilities Finance Plan (FFP). He agreed that the presentation should be provided at the evening meeting. Volume 59 - Page 450 City of Newport Beach City Council Study Session April 27, 2010 Council Member Selich expressed the opinion that the City is handling the project correctly because it allows for options on what should proceed. He agreed that the cost will not be known until the bids are submitted. He stated that he is one of the Council Members on the Building Committee and they will continue value engineering the costs. He suggested conducting a condensed presentation tonight. Council Member Gardner emphasized the importance of continuing value engineering City Manager Kiff indicated that C.W. Driver has been very conservative and Bohlin Cywinski Jackson (BCJ) has been willing to make changes. W. R. Dildine expressed concern about handling the parking structure using the designfbuild method and questioned whether the City took an official position on this. He noted that there are State reporting requirements that do not make the concept method worth using and that many cities in the County will not use designfbuild. Karen Tringah requested and received clarification from City Manager Kiff that building a disaster preparedness room instead of an official emergency operation center still qualifies the City to receive FEMA grant money up to $1 million. In response to Mayor Pro Tem Henn's question regarding owner - controlled insurance programs, Risk Manager Farley reported that the feasibility study is almost complete and that the amended language in the C.W. Driver construction management at -risk contract still allows the City to have the option to use an owner - controlled insurance program. Acting City Attorney Mulvihill noted that a memorandum signed by her and Public Works Director Badum was distributed today that addresses this change to the contract. III. PUBLIC COMMENTS - None IV. ADJOURNMENT - 5:35 p.m. The agenda for the Regular Meeting was posted on April 21, 2010, at 4:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Y4� W Recording Secretary Mayor Volume 59 - Page 401