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HomeMy WebLinkAbout02/26/2013 - Regular MeetingMy WA W a al DAM • ! Y City Council Minutes Regular Meeting February 26, 2013 -- 7:00 p.m. I. S7UDY SESSION - 4:10 p.m. 11. CLOSED SESSION - 6:29 p.m. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): City of Newport Beach v. Banshee Construction, et. al. Orange County Superior Court Case No. 2011- 00528392 B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: Leilani Brown, City Clerk Z_ III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALI, Present: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, 'Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle VI. CLOSED SESSION REPORT City Attorney Harp announced that no reportable actions were taken. VII. PLEDGE OF ALLEGIANCE - Council Member Petros VIII. INVOCATION -Mayor Curry IX, PRESENTATION Arbor Day Presentation - Rotary Club of Newport Beach - Bill Hossfeld, Rotary Club of Newport Beach, provided the organization's background and reported that they distributed seedlings to all 31d graders in the Newport -Mesa Unified School District. He acknowledged the presence of some of the members of the organization and addressed upcoming events in celebration of Arbor Day. He thanked the City for its support. Mayor Curry thanked the Rotary Club for its continued service to the community. Volume 61 - Page 78 City of Newport Beach City Council Minutes February 26, 2013 X. NOTICE TO THE PUBLIC XI. Council Member Gardner reported that on March 13, 2013, the Harbor Commission will begin discussing the future of Lower Castaways. Council Member Petros announced his participation as the organizer of the City Council team called "Council Critters" for the upcoming Relay for Life event being held from May 18 to May 19, 2013 at Newport Harbor High. School and encouraged the public to participate. Mayor Pro Tem Hill announced the birth of his third grandchild on February 18, 2013. Council Member Daigle congratulated the Corona del Mar High School Girls' Water Polo Team for winning the CIF Division 1 Title. Council Member Henn announced that a Finance Committee meeting will be held on February 28, 2013, in the old Council Conference Room at 4:00 p.m, Council Member Selich reported on a recent meeting of the Balboa Island Business Improvement District and noted that it was well attended. He announced that, on March 16, 2013 at 11:00 a.m., there will be a community meeting at the Balboa Island Fire Station to discuss and answer questions about the flood insurance program, rebuilding of the Park Avenue bridge, and Grand Canal issues. Mayor Curry thanked staff for conducting a tour of the new Civic Center for the Harbor Ridge Women's Club. XII. PUBLIC COMMENTS ON CONSENT CALENDAR Jim Mosher believed that the Minutes (Item l) should be amended to include the comments made by former Centennial Mayor Don Webb. He also believed that Item 5 (Engineering Design and Construction Support Services Associated with Replacement of the Big Canyon Reservoir Floating Cover) should be considered with Item 14 (Big Canyon Reservoir Floating Cover Replacement). Regarding Item 4 (Santa Ana Heights Pavement Restoration), Gibron Stout commended Council for considering the matter, but requested that Council pull it from the Consent Calendar for more discussion, She believed that the project does not follow portions of the Newport Beach General Plan; comply with City, County and State statutes; or is exempt from the California Environmental Qualities Act, (CEQA). Further, the most recent plans are different than what Council previously approved. She referenced design guidelines, landscaping, irrigation, and maintenance, and expressed concern that sidewalks have been omitted. She requested that Council ensure that the project is in compliance before proceeding. Public Works Director Webb clarified that it is the City's intent to install sidewalks from Cypress east towards the park. He reported speaking with the designer and acknowledged that the plans did not include sidewalks, but assured that the intent is to include them. Regarding the sidewalk from Mesa Drive to the park, he indicated that it is not included in the plans, but there are extensive negotiations occurring with the residents. He reported that the issue will need to be addressed in the near future. City Manager Kiff reported that staff is requesting to continue Item 8 (Approval of the Fiscal Year 2012 Volume 61 - Page 79 City of Newport Beach City Council Minutes February 26, 2013 Urban Area Security Initiative Grant Program Transfer Agreement and Training Funds). XIII. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. MINUTES FOR THE FEBRUARY 12, 2013 STUDY SESSION AND REGULAR MEETING. [100 -2013] Waive reading oI'subject minutes, approve as amended, and order filed. 2. READING OF ORDINANCES. Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. B. ORDINANCE FOR ADOPTION 3. ZONING CODE AMENDMENT SINGLE ROOM OCCUPANCY RESIDENTIAL HOTELS AND PARKING FOR EMERGENCY SHELTERS - PA2012 -179 FOR CA2012 -009. [100 -20131 Conduct a second reading and adopt Ordinance No.2013 -4: An Ordinance of the City Council of the City of Newport Beach Adopting Zoning Code Amendment No. CA2012 -009 Regarding Single Room Occupancy Residential Hotels and Parking Requirements for Emergency Shelters (PA2012 -179) approving Zoning Code Amendment No. CA2012.009. C. CONTRACTS AND AGREEMENTS 4. SANTA ANA HEIGHTS PAVEMENT RESTORATION - AWARD OF CONTRACT NO. 4707. [381100 -20131 a) Approve the project drawings and specifications; b) award Contract No. 4707 to All American Asphalt for the total bid amount of $1,156,156.00, and authorize the Mayor and City Clerk to execute the contract; c) establish a contingency of $115,000.00 (10 percent) to cover the cost of unforeseen work not included in the original contract; and d) approve Budget Amendment No. 13BA -032 appropriating $324,759.00 in County Redevelopment Agency funding to Santa Ana Heights Pavement Restoration CIP Account No, 7549- C5100879. 5. APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH MWH GLOBAL (C-5027) FOR ENGINEERING DESIGN AND CONSTRUCTION SUPPORT SERVICES ASSOCIATED WITH REPLACEMENT OF THE BIG CANYON RESERVOIR FLOATING COVER. [381100 -20131 Approve Amendment No. 3 to Professional Services Agreement with MWH of Irvine, California, to increase total compensation by $250,037.00 and authorize the Mayor and. City Clerk to execute the amendment. 6. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN GEOTECHNICAL (C- 5388); AND AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS (C -4603) FOR THE CORONA DEL MAR WATER TRANSMISSION MAIN. [381100 -20131 a) Approve the Professional Services Agreement with Willdan in the amount of $187,400.00 for geotechnical and material testing and specialty inspection services; and authorize the Mayor and City Clerk to execute the agreement; and b) approve Amendment No. 3 to the January 25, 2011, Professional Services Agreement with PSOMAS increasing the compensation by $55,912 for additional design and construction support services, and authorize the Mayor and City Clerk to execute the Volume 61- Page 80 City of Newport Beach City Council Minutes February 26, 2013 amendment. APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH KOURY ENGINEERING AND TESTING, INC. FOR MATERIAL TESTING AND INSPECTION SERVICES FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT (C- 4527). [381100 -2013) Approve Professional Services Agreement Amendment No. 2 with Koury Engineering & Testing, Inc., of Chino, California for Newport Beach Civic Center and Park Project Material and Inspection Services at a not -to- exceed price of $273,268.00, and authorize the Mayor and the City Clerk to execute the Amendment. S. APPROVAL OF THE FISCAL YEAR 2012 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM TRANSFER AGREEMENT AND TRAINING FUNDS (C- 5382). [381100 -2013] Continued to the March 12, 2013 City Council meeting. Motion by Mavor Pro Tem Hill, seconded by Council Member Petros to approve the Consent Calendar; and noting the continuance of Item 8 to the March 12, 2013 City Council meeting. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS James McQueen, President of the Board of Directors of Orange County Human Relations, distributed their Annual Report and presented a description of the organization and its goals and mission. He discussed programs that have impacted the City, as well as community participation, and presented examples of cases in which the organization has assisted. Kimberly Mimms discussed an organization that was formed to increase awareness about bullying. She indicated that the City of Huntington Beach presented the organization with a proclamation and requested a proclamation from the City. She provided information about bullying awareness and presented personal testimony. She thanked Council Member Henn for taking the time to listen to her concerns. XVI. QRAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported that the Citizens' Aviation Committee did not meet this month, but that a special meeting will be held soon to discuss the Settlement Agreement for John Wayne Airport (JWA). She reported that she serves on the Regional Council for the Southern California Association of Governments (SCAG), highlighted a recent visit to Sacramento, and discussed overlapping issues that SCAG and the City are facing, including increased bicycle use. Further, she reported that the State budget is balanced and that the State Finance Director presented a positive view of the State's finances, but that the forecast is only for four years and that, in year five, the State will probably face a mini - fiscal cliff. Council Member Henn reported that the Balboa Village Advisory Committee (BVAC) met on February 13, 2013, to review maintenance standards, activities, and programs in the Village, and generate ideas to enhance those programs. He stated that recommendations will be finalized at an upcoming meeting in Volume 61 - Page 81 City of Newport Beach City Council Minutes February 26, 2013 order to present them to Council as part of the budget process. Council Member Petros reported that the Bicycle Safety Committee has been sunsetted, but the committee may be re- established in the near future. Mayor Pro Tem Hill reported that he and City Manager Kiff met with a citizens group for the purpose of discussing the general content of the Settlement Agreement for JWA and the impact it has on the community. He reported that it was a productive and well- attended meeting. XVIL PUBLIC HEAARINGS 9. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO ECOLOGY, AUTO PARTS INC., A CALIFORNIA CORPORATION. 1241100 -2014 Municipal Operations Director Harmon provided a staff report and presented recommendations. Mayor Curry opened the public hearing. Jim Mosher referenced the earlier Study Session regarding waste collection service and believed that Ecology Auto Parts Inc. will be the City's 32T'a franchisee. He stated that 69% of the City's solid waste is handled by franchise haulers and questioned if the haulers are assisting the City in achieving its recycling goals. He noted that he pointed out minor errors in the ordinance and agreement in his written comments. There being no further testimony, Mayor Curry closed the public hearing. Motion by Council Member Henn, seconded by Council Member Gardner to conduct a second reading and adopt Ordinance No. 2013.2: An Ordinance of the City Council of the City of Newport Beach Granting a Non - Exclusive Solid Waste Franchise to Ecology Auto Parts, Inc., a California Corporation, to Provide Solid Waste Collection Services upon the City Streets and within the City of Newport Beach. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle lo. UPTOWN NEWPORT PLANNED COMMUNITY- 4311- 4321 JAMBOREE ROAD, (PA2011- 134) (C- 5387). [381100 -20131 Council Member Petros recused himself from participating in discussions at the suggestion of the City Attorney and left the dais. City Attorney Harp clarified that Council Member Petros recused himself because the applicant was a former client of his employer. Associate Planner L,'ng utilized a PowerPoint presentation to discuss the project, surrounding land uses, existing conditions, General Plan Land Use designation, the Council approved Integrated Conceptual Development Plan, current zoning designations, site plan, and project phasing details. She addressed density, housing products, Planning Commission action and recommendations, Environmental Impact Report (EIR) certification, comments received, and revisions made to the draft EIR. She noted that the revisions were minor and did not require recirculation of the EIR. Additionally, she addressed the Statement of Overriding Considerations relative to significant unavoidable construction impacts to air quality, land use, and noise; and addressed the Planned Community Development Plan Amendment related to removal of the property from the Koll Volume 61 - Page 82 City of Newport Beach City Council Minutes February 26, 2613 Center Planned Community, as well as adoption of the Planned Community Development Plan. She presented information regarding the Tentative Tract Map and the Traffic Study results. She addressed the Affordable Housing Implementation Plan (AHIP), the Development Agreement, Airport Environs Land Use Plan (AELUP) Consistency Determination, and school district boundary adjustments. She presented recommendations for Council consideration and reported receiving written comments from John Adams and Associates, Cornerstone Partners, Jim Mosher, and the Law Office of Robert Hawkins. Community Development Director Brandt reported that staff is not obligated to respond formally to any comments relative to the environmental document received after the 45 -day review period; however, staff has reviewed all comments and will provide brief oral responses. Principal Planner Campbell reported that comments have been received regarding the Birch Street easement by John Adams. He reported that the easement is part of the project and required by the General Plan, and that the applicant indicates that they are allowed to use the easement. He added that there is a Condition of Approval requiring that the applicant provide documentation and evidence before moving forward with Phase 2 of the project. Assistant City Attorney Mulvihill addressed the AELUP Consistency Determination, noting that staff is recommending that Council overrule the finding of inconsistency. She added that the City Attorney's Office reviewed Community Development's resolution and findings, and concurs with the recommendation. She reported that the affects of approving this decision remains to be seen and confirmed that there is no "liability shift" by finding an inconsistency. She added that the project is consistent with the Land Use Plan, but notwithstanding the AELUP determination. Regarding late correspondence, she indicated that the City Attorney's Office disagrees with the letter which addressed the liability shift and that the letter's recommendations are not supported. She also confirmed that the letter from the Caltrans Division of Aeronautics agreed that the project is consistent with the AELUP. She reported that the information was included in the resolution. Council Member Gardner noted for the record that the applicant agreed that Smart Timers would be required and that street sweeping would occur weekly. Principal Planner Campbell added that staff reviewed all of the comment letters and did not find additional information that would change the analysis, conclusions, or recommendations brought before Council. He pointed out that Mr. Adams' letter indicates that they would not like to have construction on the Birch Street easement. He reported that staff has made this concession and that this is included in the amendment to the Conditions of Approval. He added that most of the comments received were providing opinions to which staff disagrees and one of the letters discussed a peer review of the traffic analysis. He indicated that written responses relative to the traffic analysis are available for review. Mayor Curry opened the public hearing. Bill Shopoff, applicant and President/CEO of The Shopoff Group, introduced his consulting team and reported reviewing the documents and confirmed agreement with them. He proposed a minor revision regarding the AHIP which seeks the ability to cluster affordable units, noting that the developer would like the flexibility to have a clustered building since it depends on whether the units are rented or sold. He distributed written responses to Mr. Adams' letter and presented background on the project. He noted that there are parks planned for both, phases, the project is traffic neutral, and the project will be the first project to implement the goals and objectives of the 2006 General Plan. Mr, Shopoff addressed connectivity and access, street improvements, bike trail improvements, affordable housing, and the quality of the project. He reported that the Master Site Plan and Master Landscape Improvements will be presented to the Planning Commission for Volurne 61 - Page 83 City of Newport Beach City Council Minutes February 26, 2016 further review; and addressed parking, fiscal benefits, public benefits, and school district issues In response to Council questions, Principal Planner Campbell was unsure whether food preparation water control requirements apply to internal or outside areas, but noted that if it is applicable, the developer will abide by the requirement, John Adams referenced his written comments and expressed appreciation to staff for addressing the construction access issue. He expressed concerns with the proposed setbacks and requested that Council consider increasing them. He addressed the density calculation, noting that lettered lots are usually unbuildable and not included in the density calculation, Jim Mosher referenced his written comments regarding the amount of written material to be reviewed and the decisions to be made, and expressed concern that most of the public is not aware of the project. He believed that the proposed project fails to meet the 2006 General Plan provisions, adding that it will be isolated and that residents will not have the amenities expected in an urban village, including schools. Robert Hawkins, attorney representing community groups, referenced his written comments and believed that Council Member Petros should have reported his conflict of interest rather than the City Attorney. He addressed the AELUP inconsistency and believed that John Wayne Airport (JWA) will have immunity once the City overrides the decision. He expressed concern with the resulting liability and believed that, once the property is sold, there will be no one from whom indemnity can be sought. He asserted that construction noise impacts will be felt by Phase l residents, indicated that these can be eliminated by requiring full construction of the project without phasing it, reported that additional comments will be submitted, and requested that Council leave the administrative record open for one day. There being no further testimony, Mayor Curry closed the public hearing, Mr. Shopoff confirmed that his company is acting as the master developer of the property and may sell individual parcels to builders to develop the property in accordance with the approved plans. Greg Powers, Law Firm of Jackson DeMarco Tidus Peckenpaugh and Land -Use Counsel for The Shopoff Group, indicated that the statute under the Public Utilities Code does not shift liability from JWA to the City. He confirmed that, by overrating the AELUP determination, there is an immunity that applies to JWA; however, Mr. Hawkins' statement regarding liability going nowhere is not correct, City Attorney Harp indicated that it would not be appropriate to leave the administrative record open beyond this evening's hearing. He added that none of the public comments have changed his legal opinion regarding the City's liability or whether or not the document complies with CEQA. Council Member Daigle believed that Phase 1. will be done properly regardless if the property is sold or not. She reported that there will be further review by the Planning Commission and that their decisions are appealable. She added that whether or not The Shopoff Group sells the property is irrelevant to the quality of the project the City will get due to the process that remains, She presented background on the project, commented on the livability of the project, and pointed out that there is a process in place that will produce recreation amenities for the community. Council Member Selich pointed out private recreational requirements that will serve the proposed dwelling units. In response to Mayor Pro Tem Hill's question, Mr. Shopoff confirmed that he agrees with the new Volume 61 - Page 84 City of Newport Beach City Council Minutes February 26, 2013 Xvlll.. condition regarding not having construction access through Birch Street. Mayor Pro Tem Hill commended the applicant for his effort, congratulated the Planning Commission for their hard work, and expressed his appreciation to Council Members Selich and Gardner for their careful scrutiny of the project, Mayor Curry commented positively on the project, especially for providing public and economic benefits. Motion by Mayor Pro Tem Hill seconded by Mayor Curry to a) adopt Resolution No. 2013- 21: A Resolution of the City Council of the City of Newport Beach Certifying Final Environmental Impact Report No. ER2012 -001 (SCH No. 2010051094) in Accordance with the California Environmental Quality Act and State and Local Guidelines for the 25.05 Acre Planned Community Known as Uptown Newport Located at 4311 -4321 Jamboree Road (PA2011 -134), certifying Environmental Impact Report No. ER2012 -001 (SCH #2010051094); b) adopt Resolution No. 2013- 22: A Resolution of the City Council of the City of Newport Beach Adopting a Statement of Overriding Considerations in Accordance with the California Environmental Quality Act and State and Local Guidelines for the Approval of 25.05 Acre Planned Community Known as Uptown Newport Located at 4311 -4331 Jamboree Road (PA2011 -134), adopting the Statement of Facts and Findings and Statement of Overriding Considerations; c) adopt Resolution No. 2413 -23: A Resolution of the City Council of the City of Newport Beach Overruling the Orange County Airport Land Use Commission's Determination that the Uptown Newport Project is Inconsistent with the Airport Environs Land Use Plan for the John Wayne Airport and Finding the Uptown Newport Project is Consistent with the Purposes of Public Utilities Code Section 21670 (PA2011 -134), overruling the Orange County Airport Land Use Commission determination that the proposed Uptown Newport Planned Community is inconsistent, with the Airport Environs Land Use plan for the John Wayne Mrport; d) introduce Ordinance No. 2013 -5: An Ordinance of the City Council of the, City of Newport Beach Approving Planned Community Development Plan Amendment No. PC2011.003 and Planned Community Development Plan Adoption No. PC2012 -001 for the 25.05 Acre Planned Community Known as Uptown Newport Located at 4311.4321 Jamboree Road (P42011 -134), approving Planned Community Development Plan Amendment No. PC2011 -003 to remove the subject property from the Kell Center Newport Planned Community, and Planned Community Development Plan Adoption No. PC2012.001 to establish the allowable land uses, general development regulations, and implementation and administrative procedures, which would serve as zoning document for the construction of up to 1,244 residential units, 11,500 square feet of retail commercial, and 2.05 acres of park space and pass to second reading for adoption on March 12, 2013; e) adopt amended Resolution No. 2013.24: A Resolution of the City Council of the City of Newport Beach Approving Tentative Tract Map No. NT2012.00Z Traffic Study No. TS2012- 005 and Affordable Housing Implementation Plan No. AH2O12 -001 for the 25.05 Acre Planned Community Known as Uptown Newport Located at 4311 -4321 Jamboree Road (PA2011.134), approving Tentative Tract Map No. NT2012 -402, Traffic Study No. TS2012 -005, and Affordable Housing Implementation Plan No. AH2O12 -001 to allow the construction of up to 1,244 residential units, 11,500 square feet of retail commercial, and 2.05 acres of park space in two separate construction phases; and f) introduce Ordinance No. 2013.6: An Ordinance of the City Council of the City of Newport Beach Approving Development Agreement No, DA2012 -003 (C-5387) for the 25.05 Acre Planned Community Known, as Uptown Newport Located at 4311 -4321 Jamboree Road (PA2011.134), approving Development Agreement No. DA2012 -003 and pass to second reading for adoption on March 12, 2013. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle Volume 61 - Page 85 City of Newport Beach City Council Minutes February 26, 2013 11. APPOINTMENTS TO THE ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC). 1100 -20131 Council Member Petros explained that the reason for his recusal on Item 10 was due to a business relationship. Motion by Council Member Gardner, seconded by Mayor Curry to a) waive the portions of Council Policy A -2 (Board and Commission Appointments) which establishes a Council Ad. Hoe Appointments Committee and requires two or more applications for each vacant seat; b) consider the applications received in the City Clerk's Office by the February 15, 2013 deadline; and c) make appointments via paper ballot to EQAC pursuant to City Council Policy A -2. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor No Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle City Clerk Brown provided paper ballots and announced the following votes: Carl Cassidy- Hill, Selich, Daigle, Henn, and Mayor Curry Tyler Gentry - Gardner, Petros, Hill, Selich. Daigle, Henn, and. Mayor Curry Kimberly Jameson - Gardner, Petros, Hill, Daigle, Henn, and Mayor Curry Charles McKenna - Petros, Hill, Selich, and Henn Joshua Olazabai - Gardner, Petros, Hill, Selich, and Henn Debbie Stevens - Gardner, Petros, Hill, Selich, Daigle, Henn, and Mayor Curry Mark Tabbert - Gardner, Daigle, and Mayor Curry Merritt VanSant - Gardner, Petros, Hill, Selich, Daigle, and Henn Josh Yocam - Gardner, Petros, Selich, Daigle, Henn, and Mayor Curry City Clerk Brown announced that Carl Cassidy, Tyler Gentry, Kimberly Jameson, Joshua Olazabal, Debbie Stevens, Merritt VanSant, and Josh Yocam have been appointed to EQAC. Jim Mosher believed that the City Clerk is required to maintain a list of term expirations of all appointments. He referenced Council's previous appointments to the Water Quality Coastal TidAands Committee and noted that expiration dates have not been supplied for those appointments. 12. APPROVE RELINQUISHMENT AGREEMENT FOR THE PORTION OF STATE ROUTE 55 (SR 55) CONSISTING OF NEWPORT BOULEVARD FROM FINLEY AVENUE TO THE NEWPORT CHANNEL BRIDGE (C- 5890). Deputy Public Works Director Thomas discussed the project, the requirements to receive approval from the State Legislature, previous consideration by the City Council, benefits and costs associated with the relinquishment, negotiations with Caltrans to provide improvements to existing signals and recommendations, and the final steps in the process. He indicated that he received information from Caltrans that a Relinquishment Agreement may not be necessary and that Caltrans now has unilateral authority to move forward with the relinquishment. In response to Council Member Petros' question, Deputy Public Works Director Thomas reported that the bridge will not be included, but the asphalt pavement will. He provided clarification of the signal improvements proposed. Council Member Gardner addressed the benefits of proceeding without a Relinquishment Volume 61 - Page 86 City of Newport Beach City Council Minutes February 26, 2613 Agreement and wondered whether this would be the same agreement that was entered into for the Corona del Mar relinquishment. Deputy Public Works Director Thomas indicated that it would be the same type of agreement. Motion by Mavor Curry, seconded by Council Member Henn to authorize the Mayor and City Clerk to execute the Relinquishment Agreement for the portion of SR 55 consisting of Newport Boulevard from Finley Avenue to the Newport Channel Bridge, Jim Mosher referenced a press release issued by the City calling attention to the two most important. items being discussed this evening, but believed that he would not have considered them being the two most important decisions being considered tonight. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle 13. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH GRIFFIN STRUCTURES, INC., FOR CONSTRUCTION MANAGEMENT SERVICES AT MARINA PARK (C- 5391). Public Works Director Webb utilized a PowerPoint presentation to discuss the Marina Park concept, project status, next steps, and project design packages. He presented details relative to the selection of the construction manager and the selection of the most qualified firm. He addressed the criteria used to choose the most qualified provider. He highlighted the three top firms being considered, reported that reference checks were conducted by City staff, and reported that the selection panel selected Griffin Structures, Inc. of Laguna Beach. He presented information on the project team, scope of work, fees and related negotiations, and recommendations. Council Member Petros thanked staff for making all of the documentation available. He noted that a testimonial was included in the documentation that he provided to Griffin Structures in the past, but indicated that he was never asked if it could be included for this project. In response to Council Member Henn's question, Public Works Director Webb reported that he met with Coastal Commission staff and expressed hope that he will hear from them soon regarding the status of the Coastal Permit. Mayor Pro Tem Hill suggested that the Building Committee continue its involvement in the project and review the design. Motion by Council Member Gardner, seconded by Council Member Henn to approve a Professional Services Agreement with Griffin of Laguna Beach, California for construction management services at a cost not to exceed $1,222,864.46, and authorize the Mayor and City Clerk to execute the Agreement. Jim Mosher questioned the need to outsource the project when the City has adequate employees to complete it, Council Member Selich indicated that he will not be supporting the motion since there was only a 3% difference between the top and bottom candidates in the rating, but that there is a substantial difference in fees between them. The motion carried by the following roll call vote Volume 61 - Page 87 City of Newport Beach City Council Minutes February 26, 2013 Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Henn, Council Member Daigle Noes: Council Member Selich 14. BIG CANYON RESERVOIR FLOATING COVER REPLACEMENT - AWARD OF CONTRACT NO. 5027. Deputy Public Works Director Thomas discussed the project background, problems with the existing cover, material proposed for the new cover, anticipated schedule for the project, the bidding process, and recommendations. In response to Council questions, Deputy Public Works Director Thomas explained what the contingency amount could be used for and confirmed that the general contractor would perform any repairs. He indicated that he will advise Council if the contingency is utilized, He reported that main replacement projects in Newport Heights and potentially Lido Isle, and cast iron pipeline replacements in various parts of the City may be deferred for np to one year pinrg f, =A ng for this project will entail borrowing from other water funds. He stated that the delay will not pose any problems to the water supply. He indicated that the replacement of the waterline at Park Avenue will be done as part of the Balboa Island Bridge Project and that the cover replacement . project will not affect the schedule for the Balboa Island Bridge Project. Public Works Director Webb indicated that, since the Underground District may not be moving forward, the Park Avenue waterline project needs to be programmed back into the CIP schedule. Jim Mosher noted that the contract Council is being asked to approve is not attached to the staff report. He hoped that Council has seen the contract and that a guarantee is included to cover the material and workmanship. Motion by Council Member Henn, seconded by Mayor Pro Tern Hill to a) approve the project drawings and specifications; b) award Contract No. 5027 to MPC for the total bid price of $5,720,500.00, and authorize the Mayor and City Clerk to execute the contract: c) establish a contingency of $300,000 to cover the cost of unforeseen work not included in the original contract; and d) approve Budget Amendment No. 13BA -033 appropriating $2,347,723 -00 from the Water Enterprise Capital Improvement Fund (510) to the Big Canyon Cover Replacement CIP Account No- 7511- C600201L The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle 15. PARKING LOT AUTOMATION INFRASTRUC'T'URE UPGRADE. Finance Director Matu'siewicz utilized a PowerPoint presentation to discuss the parking lot technology, multiple pay station use, Smartphone access, proposed locations, benefits of automation, dedicated lot ambassadors, proposed operation changes, and details of the City's parking technology roadmap. He further discussed methods to charge for the parking space even if the patron does not pay for the space. Jim Mosher addressed recent changes to the City Charter regarding prohibiting traffic enforcement systems in the City, including red -light ticketing, and believed that the proposal . violates the new provision. He referenced his written comments and believed that the plan needs to be reviewed by the Coastal Commission in order to open it to a wider group of users that will be impacted by the proposed changes. Volume 61- Page 88 City of Newport Beach City Council Minutes February 26, 2013 Council Member Gardner indicated that one of the advantages of the system is that changes can be made relative to the methods of charging for parking spaces and how much to charge. Council Member Petros indicated that this technology has worked in other cities and has resulted in the reduction of traffic and air pollution since users can check a website to see if there are any spaces left. City Attorney Harp reported that the City Charter discusses "red -light cameras or other automated traffic enforcement systems" because it is the term used in the Vehicle Code related to stopping vehicles in intersections However, he emphasized that the City Charter only relates to red -light cameras in intersections. Mayor Pro Tem Hill noted that improved technology is also being used in toll roads Motion by Council Member Henn, seconded by Council Member Gardner to approve Budget Amendment No. 13 -034 appropriating $440,000 from General Fund surplus fund balance to Account No. 0643 -9050 for acquisition and installation of parking lot automation infrastructure. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle 16. REPEAL OF VARIOUS MUNICIPAL CODE PROVISIONS. Mayor Curry note d that he asked staff to develop a list of ordinances that may need repealing. He expressed hope that this will be a continuous process so Council can routinely look at the Newport Beach Municipal' -erode (NBMC) to determine what should be repealed or enacted. City Attorney Harp reported that staff recommends that Council not repeal the local amendment to Section 307.1.1 of the California Fire Code and, therefore, eliminate the section from the proposed ordinance. Mayor Curry believed that the remaining items in the proposed ordinance will help the City become more business and resident friendly, and will provide additional opportunities to reduce the legal burden on residents and visitors. Discussion ensued relative to repealing NBMC Chapter 6.20 (Tattooing Establishment and Operation Regulations) and how regulating these types of businesses are handled through Conditional Use Permits. Motion by Mayor Curry, seconded by Council Member Henn to introduce Ordinance No. 2013 -7: An Ordinance of the City Council of the City of Newport Beach, California, Repeating Chapter 2.04, 5.16, 5.34, 6.15 and 6.20, Sections 2.32.010 through 2.32.050, 10.12.020, 11.12.140, and 12.12.060, and Amending Section 5.04.020 of the Newport Beach Municipal Code, and pass to second reading on March 12, 2013. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle 17. REQUEST TO CONSIDER AN AMENDMENT TO THE MUNICIPAL CODE TO REGULATE THE USE OF TEMPORARY POWER GENERATORS. Volume 61 - Page 89 City of Newport Beach City Council Minutes February 26, 2013 Council Member Gardner believed that there may be a need for the City to have some control over the use of temporary power generators. Assistant City Manager Badum believed that this is not an economic issue but rather a noise issue, and that most contractors arrange for temporary power before a project commences. Mayor Pro Tom Hill noted that there are existing ordinances that regulate noise and questioned the need for another regulation. Community Development Director Brandt stated that the Community Development Department can research how other cities deal with this issue, but clarified that construction activities are exempt from City noise requirements. She noted that the City allows for the installation of temporary power poles prior to the issuance of building permits and asked Council for the opportunity to have staff explore reasonable approaches to the regulation. Noting that not many complaints have been received by the City, Mayor Curry believed that direction should be given to allow staff to Consider the issue and return to Council with a recommendation. City Manager Kiff stated that staff may be able to incorporate h solution to the problem in its Building Permit process, but will return to Council with additional information. XIX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT -Adjourned at 9:50 p.m, in memory of Larry Porter The agenda for the Regular Meeting was posted on February 22, 2013, at 7:20 a.m. on the City Ball Bulletin Board located outside of the City of Newport Beach Administration Building, City Clerk Recording Secretary o Mayor Volume 61 -Page 90