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HomeMy WebLinkAbout01 - 5-27-08 MinutesAgenda Item No May 27, 2008 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session May 13, 2008 — 4:00 p.m. I. ROLL CALL Present: Council Member Henn, Mayor Pro Tem Daigle, M r Selich, ncil Member Curry, Council Member Gardner Absent: Council Member Rosansky Excused: Council Member Webb H. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE ENT CALENDAR. Mayor Pro Tem Daigle received confirmation tha uncil Member Webb agrees with the plans for Item 13 (Mariners Par Restroom Construc Regarding Item 14 (Eelgrass n urvey), Ha r Resources Manager Miller indicated that, prior to setting itigation a City needs to determine where eelgrass is located in the lower de hs of th arbor. y Manager Bludau indicated that this information will also be used i he d Bing project. TSUNAMI WAR SYSTEM T ING. Fire Chief is a ounced that th system testing will take place on May 22 at the Balboa Pi parking ot. He reported at the sound will carry from 1 to 1.5 miles and discussed pub in for the at. He stated that the bids are in and that a recommendat c cil a few weeks after the test for installation after the summer sea He emphasized that he will be at the testing and can cancel or stop t ecome overwhelming. BUDGET R EW - O VIEW AND CAPITAL IMPROVEMENT PROGRAM. Budget Over w Administrative ervices Director Danner utilized a PowerPoint presentation and reviewed budget p visions, budget preparation process, items included in the budget, re rring C, ncil grants, and items not included in the budget. He. reviewed the $1.8 milli s plemental items approved by the City Manager and reported that almost $1.1 m was not approved. City Manager Bludau added that the Restaurant Aasociat' n request is not included on the slide and highlighted some of the items not approved on the supplemental list, like the Economic Development studies, and electrical and landscaping upgrades for Harbor Resources. In response to Council questions, City Manager Bludau reported that some of the funds needed for the group homes issue has been prefunded in the current fiscal year. He agreed that John Wayne Airport (JWA) consultants should not be listed on the one -time expenditure list since that may be ongoing. Administrative Services Director Danner Volume 58 - Page 472 City of Newport Beach Study Session May 13, 2008 noted that $3.5 to $5.4 million will be added to the budget depending on the amount approved for the fee structure change, but none of the expenditures are based on a change to the fee schedule. He reported that $6.5 million is needed to fully fund facilities replacements and that the City is counting on the fee change to make up the difference. He confirmed that the City's recycling program is taken into account in the budget as a savings. I Council Member Rosansky joined the meeting at 4:17 p.m. Administrative Services Director Danner reported that a -time expenditures were removed from this budget. He reviewed new deve is and pending issues, emphasizing the concern that the City's Vehicle Li ees ) may be taken away depending on the State's budget. He further explai the City udget structure that involves the General Fund, Special Revenue FIAL s, Enterprise s, and Internal Service Funds. He discussed the revenue /expe ture comparison wo et and noted that the money for the Firefighters Memoran of nderstanding (MO s not been included on the worksheet. He reviewed t op t e General Fund revenu sources and the $256 million expenditure budget whi inclu s Council priorities, personnel, required. costs, and controllable costs. He rev's xpenditure pie chart and noted that the OASIS Senior Center will cost about $20 m' i He discussed position changes and noted that there is a net increase of only one full-time n. He highlighted the General Fund Special Reserve Funds, parti ularly the Contin Reserve, Capital Improvement Reserve, and PERS Rate Cha erve. He report at the current fiscal year fund balance is about $61 million. In response to Council questions, Val e a Director Danner reported that the total revenue for all funds is $ , the Capital Improvement Programs that are rebudgeted comes from current ye and is carried over, the Transient Occupancy Tax (TOT) is incl in the saleher taxes. He confirmed that the City's debt service interes tes re set by ththe bond issues and that the City pays off its water bonds part the upcomiar. He reported that the Pelican Hills Resort will gener $2.5 m' 'on in revenlly operational. He indicated that the license and perm enu of 22o a decline in development for the upcoming fiscal year. ne Company development agreement fees were not included.in this et. City Manager 13ludau Acussed the Council priorities and how he tried to use supplemental r#ney to fund the priorities. He discussed the funding involved in the Facilities Finan 'ng Plan for the new City Hall project, Sunset Ridge Park, OASIS Senior Center, an/Po ce and Lifeguard Headqu arters. He reviewed the budget and changes for followiorities: group homes /code enforcement, Water Quality Master Plan, be aranning Ranch, traffic flow improvements, airport policy implementation, aligni codes with the General Plan, parks/recreational facilities, improved public Comm and updating fees to ensure cost recovery. He discussed the resources allocated to Council priorities and reported that the City tried to pre -fund as many priorities this year to accomplish the priorities by the end of the year. In response to Council questions, Public Works Director Badum indicated that Marina Park is not included in the budget because the current work will be ongoing into the following fiscal year. Deputy Public Works Director Webb confirmed that the environmental contract will continue through the year and the construction costs are budgeted until the following fiscal year. He reported that Buffalo Hills Park is currently Volume 58 - Page 473 City of Newport Beach Study Session May 13, 2008 under construction and will be carried over into the next budget. City Manager Bludau indicated that the City is trying to work with the Army Corps of Engineers for the Upper Bay dredging project. Assistant City Manager Wood discussed what studies were involved in the Economic Development Studies that were not approved in the supplemental budget request. Regarding OASIS, the expenditures have been identified, but the revenues have not been specified and is shown as a $20 million differential. City Manager Bludau indicated that the $800,000 for Sunset Ridge Park is for the Envireental Impact Report (EIR) and conceptual design. ZA Administrative Services Director Danner reported that a budget documents are available on the City's website. In response to Council questions, City Manager any money by the County for the Santa Ana Public Works Director Webb indicated that the, Ana Heights equestrian facility, but the pl billed for administrative costs incurred. A ni that the 4% revenue estimate is correct the property tax revenue. He reported that rolls until August. Capital Improvement Deputy Public Works Director (CIP) is, displayed a graph of the IP his to the OASIS Senior Center and a new and discussed Public Works' role. a re' budget. He discussed the projects li e Streets and 0111), ($16 million), fl million), Way and En e Wastewater and Miscella of Hud reported t the City is not owed is 3 Redevelopm ency. Deputy rave $7.3 million bud for the Santa are t finished and the my will be tr ve Services Director Da ner believed will probably be no upside to the City's .ty does not come out with the assessment fined what t apital Improvement Program 2001, a lained that the increase is due e i ts, addressed Council priorities, ed the fu ding sources as listed in the CIP er the CIP Categories: Facilities ($26 million), ($3 million), Parks, Harbors and Beaches ($3 al ($5 million), Water Facilities ($3 million), ($8 million). In respon Cc it questions, Dep Public Works Director Webb indicated that the Orange Coun Tr ity (OCTA) encouraged the City to move forward with the Jambo ad projects bu there are ongoing discussions relative to how to fund th Pub orks Director Badum reported that the City will not be receiving positio t ndin owever, the City will be pursuing other funding sources, but will not find out June funds are available. He stated that the City will still receive gas tax and ure M m 'es. Regarding traffic signal modernization, he indicated that Phases 1, 2 an will probably be constructed this year, and the designs for Phases 4, 5 and 6 will be ne next year. He emphasized that the size of the phases needs to be determined. F ther, staffing may be an issue and other project priorities may suffer if project i moved forward. He indicated that the City can do the plans and sp ations nd front load the funding, but staff will bring this issue back to Council to deter iorities, report on alternatives, and determine the phases. Regarding wayfin signs, Deputy Public Works Director Webb reported that he can bring back a schedule. He indicated that the revenue source for the Semeniuk Slough will be the General Fund but staff is trying to combine it with the Back Bay project. Council Member Rosansky noted that Hoag's old development agreement included Semeniuk Slough funding, but reported that the Army Corps of Engineers may be proposing to dredge the Slough. Deputy Public Works Director Webb displayed slides of the CIP budget by category and by category /major project. He also displayed a table of the CIP summary with the number of Volume 58 - Page 474 City of Newport Beach Study Session May 13, 2008 III. LLVA projects, amount of rebudgeted funding, current budget, and total for each CIP category. He discussed the Public Works Department's Master Project Schedule, what events could delay a project, and the possible need to supplement staff with consultants. Regarding the three development agreements that total about $50 million toward CIP projects over the next five to seven years, City Manager Bludau in 'cated that staff can bring back recommendations relative to how that money relates he Facilities Master Plan and the facilities reserve funds. Administrative Services D ctor Danner noted that there is not enough information at this time to determine sta imes for the projects. He reported that some of the development agreements are inc ed as part of the Facilities Financing Plan, but not the budget document. Council e r Henn suggested that a reconciliation be prepared for the next Study Sessio at sh how the $30 million shortfall between expenditures and revenues will be died. City Manager Bludau reported that the City h ater, Wastewater, treet Master Plans that go out five to seven years, and tha t is usual for the City t ve so many large projects at one time. Public Works ctor adum reported that the have an in- house plan, but it always depends on f ing. uncil Member Curry reported that the Facilities Finance Plan is designed to be r plan in order to sequence the projects. PUBLIC _COMMENTS - None Volume 58 - Page 475 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting May 13, 2008 — 7:00 p.nL I. STUDY SESSION - 4:00 p.m II. CLOSED SESSION - 5:37 p.m III. RECESS IV. RECONVENED AT 7 -00 P M 1 V. _ROLL CALL Present: Council Member Henn, Counc ember Rasansky, Mayo Tem Daigle, Mayor 5elich, Council Member Curry, Cow r P Member Gardner Excused: Council Member Wel� VI. CLOSED CF. 55� ION R PORT H= y °i City Attorney Clauson reported tlit Council ved a ttlement agreement with the Peterson Trust. t VII. PLEDGE OF LEG ANCE - Cou Member Henn �, VIII. INVOCATh Revend Thai Trim, Our Lady Queen of Angels Church DL PRESENTATIO .� y Reco I f tional Planning Award -Mayor 5elich announced that the American Planning hred the City for its General Plan with one of ten national awards. Ay MaeYger Wood presented a video clip and thanked the ooneultants and ff who wher on tie General Plan. Po Wemation - Mayor 5elich read the proclamation and presented it to Karen Karam lnt of the American Legion Auxiliary 291. Rachel Heidemann, Miss Poppy, read a po nted poppies to Council and staff. Froclarnatio ecognizing the Ocean Rescue by Summer Watson and Amy Dichiro - Mayor 5elich read the proclamations and presented them to Amy Dichiro, Summer Watson, George Leeper, and John Moore. Fire Chief Lewis commended them on their rescue. X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISC 5S ON ACTION OR REPORT (NON - DISCUSSION ITEM): Council Member Henn announced that a federal judge issued a tentative ruling that authorized the City to continue to execute the group homes ordinance, which will require 80% of existing Volume 58 - Page 476 City of Newport Beach City Council Minutes May 13, 2008 group homes to file for use permits, all new group uses to be restricted to MFR Districts, and will allow the Fire Marshal to enforce the new Fire Code for group homes. He indicated that the ordinance may not be applied to licensed six and under facilities; However, today's ruling was a very important victory for the City overall. Mayor Pro Tem Daigle announced that she attended opening day for several of the yacht clubs and wished them all a fun and safe.boating season- She also congratulated staff for their work on the General Plan. Council Member Gardner announced that the Corona del Mar 5 will be held on Saturday, June 7, 2008. " Council Member Curry announced that the dedication_ heel /1 Memorial will be at 1:00 p.m. on Memorial Day at Castaways Park. He also noted thaf the Festival was a great success. Mayor Selich announced that Speak Up Negy3oiwill cond' their monthly meeting at the Newport Beach Yacht Club on Wedne6day, May 14, th genda will include code enforcement issues. He also announced thatthe.NOc port Harbor Na al Museum will have their "Inaugural Buccaneer's on the Bay - R�n to P6rt Royal ", on Friday, y 16, from 6:30 p.m. to 11:00 p.m., to benefit their programs'Ta..gurchase tickets, call (949) -8915 x 110. Balboa Island will have their Art Walk on May . from 9:00 a.m. to 5:00 p.m. and their parade on Sunday, June 1. He reminded everyone that' Relay for Life is Saturday and Sunday, May 17- 18 at Newport Harbor High I and invited people to visit the Council Critter's team tent where they will conduct a silent XII. CONSENT CALENDAR A 1. d,10MIN 5 OF TH JOURNED REGULAR MEETING OF APRIL 16, 2008 ND THE ADJOURNED REGULAR MEETING AND REGULAR E NG OF APRIL 2, 2008. 1100 -20081 Waive reading of subject minutes, a ten and ogler filed. sir= 2. E G OF ORD'fl�iANCE5 AND RESOLUTIONS. Waive reading in full of ordin s and resolutions under consideration, and direct City Clerk to read A MENT TO RESOLUTION ESTABLISHING ENVIRONMENTAL QU ITY AFFAIRS COMMITTEE. [100 -20081 Adopt Resolution No. 2008 -34 a g a mission statement and broadening the responsibilities of EQAC. 4. UTHORIZATION TO ACCEPT THE CALIFORNIA DEPARTMENT OF FISH AND GAME (DFG) FUNDS FOR THE INTERIOR IMPROVEMENTS AND FURNISHING OF . THE BACK BAY SCIENCE CENTER'S ADMINISTRATION WING AND ITS AQUATIC LIFE SUPPORT SYSTEM (C- 3460). 1100 -20081 Adopt Resolution No. 2008 -35 authorizing the City Manager to accept funds from the DFG for the Back Bay Science Center. C. ORDINANCES FOR ADOPTION 5. KENNELS IN WEST SANTA ANA HEIGHTS. [100 -20081 Adopt Ordinance Volume 58 - Page 477 City of Newport Beach City Council Minutes May 13, 2008 No. 2008 -12 amending Title 7 and Title 20 of the NBMC pertaining to the regulation of kennels. D. CONTRACTS- AMR _AG_.REEMENTS 7. ACCEPTANCE OF THE 2007 URBAN AREAS SECURITY INITIATIVE (UASI) GRANT TRANSFER AGREEMENT (C- 8746). 1381100 -20081 a) Accept the 2007 UASI Grant transfer, agreement training funds in the amount of $47,315.46 to be utilized for reimbursement training costs associated with approved Department of Homeland Security (DHS) courses for emergency response personnel; and b) approve a budgjet' amendment (08BA -064) increasing revenue estimates by $47,315.46 in 1820`148665, UASI Grant, and increasing expenditure appropriations by $47,315.4tdn 7014- C8002010. 8. COAST . HIGHWAY SIDEWALK'- M0104.�NG CANYON TO SEAWARD ROAD (C -3965) - AWARD QIF CONTRACW38/100 -20081 1) Approve the project plans and specificatio" b) award contract" Merest Contracting for the total bid price of $95,702.7;0;+ and Othorize the May d City Clerk to execute the contract; and c) es, lish a °amount of $15,000 ) to cover the cost of unforeseen work.Mi 9. EASTBLUFF DRIVE STRfE REHABILITATION (C -3968) - AWARD OF ] S' rove the project 1 p ) CONTRACT. 100 -2008 a) p pans and specifications; b award contract v erican Asftt for the total bid price of $1,069,069, and authorize the Ma or an 't Clerk Qlexecute the contract; and c) establish an amount of $100,00 to cover _st of a eseen work. 10. CE_ LIBR VYIOKSTOIW RENOVATION - APPROVAL OF MENT NO. ROFESSIONAL SERVICES AGREEMENT WITH ,RAND ORKS, LLC 6). [381100 -20081 a) Approve Amendment No. 1 to the Pr�essional ServicT" Agreement with Landworks, LLC, of Costa Mesa, for ditic design en " ering services for the Central Library Bookstore n y t fora of to exceed price of $12,750 and authorize the City Mari` and 1 to execute the Amendment; and b) approve a budget .11 men t (08BA -063j transferring $12,750 from Account No. 7271- C4050781 ( �tral ary HVAC Repairs) to 7271- CIO02008 (Central Library Bookstore 11. WES& NEWPORT PARK TENNIS COURT FENCE REPLACEMENT (C- 3947 - COMPLETION AND ACCEPTANCE OF CONTRACT. 1381100 -20081 a) cept the completed work; b) authorize the City Clerk to file a Notice of Cc letion; c) authorize the City Clerk to release the Labor and Materials bond 35 after the .Notice of Completion has been recorded in accordance with plicable portions of the Civil Code; and d) release the Faithful Performance and 1 year after Council acceptance. 12. BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET (C- 3778). - AUTHORIZE AN INCREASE IN CONTRACT CONTINGENCY. 1381100 -20081 Approve a budget amendment (08BA -069) appropriating $47,500 from the unappropriated General Fund to the Buck Gully Wetlands and Maintenance Road Repairs Project, Account No. 7014- C5100659, to increase the contingency from 10% ($34,500) to 24% ($82,000) to cover unanticipated additional costs for the project. Volume 58 - Page 478 City of Newport Beach City Council Minutes May 13, 2008 13. MARINERS PARK RE5TROOM CONSTRUCTION (C -8992) - AWARD OF CONTRACT. [381100 -20081 a) Approve the project plans and specifications; b) award the contract to Nile Advanced Construction, Inc., for the total bid price of $543,000, and authorize the Mayor and City Clerk to execute the contract; c) establish $54,300 to cover the cost of unforeseen construction work; d) establish an amount of $42,500 for supplemental expenses including $15,000 to cover an early completion incentive, $22,500 for geotechnical and material testing services, and $5,000 for building inspection and miscellaneous expense; and e) approve a budget amendment (08BA -068) transferring $639,8000 m unappropriated General Fun balance into Account No. 7015- C5100909. 14. AMENDMENT NO. 1 TO CONTRAC OR EELGRAS5 PLANTING AND SURVEY (C- 3858). 1381100 -20081 orize the Mayor and City Clerk to execute Amendment No. 1 with Co Re ces Management. 15. CORONA DEL MAR ,, cBU5INESS IMPROVEMENT DISTRICT MEMORANDUM OF - FUNIlER5TANDIN FOR LANDSCAPE INSTALLATION AND; INTE ANCE (C- 4045)Ntsrtict"d 00 -20081 Approve the Memorandum of Undstandilpg` for landscape inon and maintenance between Corona del Mar ess Improvement Dis_ the City of Newport Beach. 16. LEASE WIT 0 K PR(j's TIES FOR CITY OFFICE SPACE AT 503 32ND 5TREELw 46). [38/1 ' 0081 a) Approve the lease with Jakosky Properties for an ffice t 503 3 '° Street, and authorize the City Manager and City Clerk t' sign the b) apove a budget amendment (08BA -067) transferring $21, 0 for mp equipment and office , furniture from upiopriated genetal d reserve ode and Water Quality Enforcement and ;,$uildift Departmen pital outlay accounts; and c) appropriate $29,468 from Oil ' "''unappropriated fund lance in fiscal year 2008 -09 for rent and utilities, with 1111;_$14,734 to the Build' Department and $14,734 to Code and Water Quality o t. BUD T AME NT FOR CONTINUATION, OF PROFESSIONAL R AGREEMENT FOR CONSULTING, PLANNING AND OCA .. SERVICES FOR THE LOCAL COASTAL PROGRAM (LCP) (C- 20081 Approve a. budget amendment (08BA -070) increasing the 1 1 propriation of 2710 -8294 by $75,OOQ from the General Fund. ,d fund balance. WAYFINDING AND DIRECTIONAL SIGNAGE PROGRAM PHASE II - A ROVAL OF THIRD AMENDMENT TO PROFESSIONAL SERVICES REEMENT WITH HUNT DESIGN ASSOCIATES (C -3495). [381100 -20081 pprove Third Amendment to Professional Services Agreement with Hunt Design Associates for design development of the Citywide Wayfinding & Directional Signage Program Phase II for a cost not to exceed $48,800, and authorize the Mayor and City Clerk to execute the agreement. E. MISCELLANEOUS 19. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION (NBPLF) AND APPROPRIATE THE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY Volume 58 - Page 479 City of Newport Beach City Council Minutes May 13, 2008 2007/08. (100 -20081 Approve a budget amendment (08BA -065) to increase revenue estimates by $7,650 in Account No. 4090 -5893 (Library Foundation/NBPLF) and 4010 -5893 (Support Services/NBPLF) and increase expenditure estimates by the same amount in Division 4090 (Foundation) and 4060 (Literacy) respectively. 20. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE MARTHA JANE FLEENER TRUST AND APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS BU GET FOR FY 2007/08. (100- 20081 Approve a budget amendment (08BA- to increase revenue estimates by $12,000 in Account No. 4010 -5901 (Library ivate Donations/Contributions) and to increase expenditure appropriations ' 4010 -9000 (Library Support Services- Office Equipment) by the same. amou a to the third receipt of funds from the Martha J. Fleener Trust. 21. EMERGENCY SEWER MAIN - REPAINRIVERSIDE AVENUE AND WEST COAST HIGHWAY.;r11100- 0081 rgency expenditure of $43,775 from the sewer entorpriund re partially collapsed 8- inch sanitary sewer pine loc"d in Wes 22. RECLASSIFICATION OiENIOR BUYER POSITION TO PURCHASING AGENT. (100 -20081 Approv6Uhe City Manager's recommendation to reclassify the vacant Se ;ye r positio the Administrative Services Department to the new claasifi - Purchasing 'se with a monthly salary range of $6,619 - $7,902. Motion by Mayor Pro Tem D-ao appr sen Calendar„ except for Item #6. The motion carried, Iiy't�e following r vote: Ayes: Cou_ it Member Henn, Counci Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Coun6l,Memb r Curry, Cc ncil ember Gardner Absent: (Ouncil XIII. I S RE D �� M THE CO ENT CALENDAR 6. HOAG MORrd, HOSPITAL PRESBYTERIAN MASTER PLAN UPDATE (PA2007-0 , 01%1, HOAG DRIVE - CERTIFICATION OF FINAL SUPPLE TAL ENVIRONMENT IMPACT REPORT; GENERAL PLAN AMEND NO. 2007 -005; PLANNED COMMUNITY DEVELOPMENT PLAN ND NO. 2007 -001; AND DEVELOPMENT AGREEMENT AMENDMENT 2007 1 (C- 2912). (100 -20081 City ey Clauson indicated that the annual noise monitoring was inadvertently left out of a April 16 version of the Development Agreement. Senior Planner Campbell provided the updated wording to Council and the public for review and indicated that two sections would be added to Section 5.14 of the Development Agreement, which indicates that the report should include a noise regulation compliance assessment. Wendy Kaiser urged Council to continue to explore the co -gen plant and emissions from the engines. Dolores Otting presented a handout and voiced concern about Hoag's transition of inpatient pediatric care to Children's Hospital of Orange County (CHOC). Volume 58 - Page 480 City of Newport Beach City Council Minutes May 13, 2008 aw In response to Mayor Selich's questions, Planning Director Lepo clarified that this item was continued from the April 16 meeting to allow residents enough time to review the ordinances. He confirmed that the ordinances reflect all of the actions taken by Council when they were introduced. Motion by Council Ideirnher Curry to a) adopt Ordinance No. 2008 -9 approving Planned Community Development Plan Amendment No. 2007 -001; and b) adopt Ordinance No. 2008 -10 approving Development Agreement Amendment No. 2007 -001. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Selich, Council Member Curry, Counc il Absent: Council Member Webb Council Member Gardner reported that structure at Poppy and 5th Avenue. Council Member Curry reported that he atfe in which they discussed the excessive speed that the speed limit can't be ch ed due to XV. PUBLIC HEARINGS 23. 24. PUBLIC HEARING TO WASTE COLLECTION ky, Mayor Pro Tem Daigle, Mayor Gardner met offsite to tour a new the Newport Coast Advisdry Committee meeting .rs traveling along San Joaquin Hills. He noted OF A NON - EXCLUSIVE SOLID AL BOBCAT & HAULING, INC. the public hearing. Hearing no testimony, he closed the public Atotion bilWavo—FIVALiTem Diligle to adopt Ordinance No. 2008 -11 granting a Non - exc Sohn aste FranAi Universal Bobcat & Hauling, Inc. The motia carrie the following roll call vote: Ayes: Co il Memb Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Seli , Council Member Curry, Council Member Gardner bsent: Co il Member Webb OR BEACH BREWING COMPANY - USE PERMIT NO. 3485 - 2920 BOULEVARD (PA2006 -177) - AMENDING CONDITION NO. 6 AND AD CONDITION NO. 28 TO USE PERMIT NO. 3485. (681100 -20081 Senior Planner Campbell reported that the Newport Beach Brewing Company and Council entered into a settlement agreement that includes a stipulation that the City amend Condition No. 6 and add Condition No 28, pertaining to special event permits. Mayor Selich opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Gardner to adopt Resolution No. 2008 -36 to amend Condition No. 6 and add Condition No. 28 to Use Permit No. 3485. Volume 58 - Page 481 City of Newport Beach City Council Minutes May 13, 2008 XVI. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosanaky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Curry, Council Member Gardner Absent: Council Member Webb 25. TOMMY BAHAMAS AT CORONA DEL MAR PLAZA (PA2008 -029) - 854 AVOCADO AVENUE - REQUEST TO AMEND USE PERMIT NO. 3623 TO PERMIT AN ADDITIONAL 461 SQUARE FOOT OUTDOOR DINING PATIO. 1100 -20081 Planning Director Lepo reported that the.Planning C mission denied additional outdoor dining due to the concerns about parking. He ' icated that since that decision, the applicant provided information regarding perm tly reducing two seats. Mayor Selich opened the public hearing. W.C. Wells, President of Tommy Bahairias Restaurant Di n, provided the history of the restaurant. He stated that the changes t4 the restaurant require additional square footage; however, it will resuln two less seats. He urged uncil to reconsider the Planning Commission's decision and approve staffs recommendati Dennis Baker expressed support for this;; improvements due to the loss of two seats and he complimented the Plan Commission f6;-.,their concerns about parking. Hearing no further teat ny, or Selich olad the public hearing. Mayor Selich commented at the n onit two seats is a positive and expressed su pp ort for the amendment the _ permit of allow the two seats to be added back in the futures _f Moti tin by cil Member osansk to adopt Resolution No. 2008 -37 granting the appeal hand riversing the de -lion of the Planning Commission by approving an amen dm t rmit No. 363, subject to the findings and conditions of approval. e n c d by the fol g roll call vote: Ayes: cil M er Henn, Council Member Rosanaky, Mayor Pro Tem Daigle, Mayor Se Coun ember Curry, Council Member Gardner Absent: Co u Memb Webb Wendy r, V' President of Soroptimist of Newport Harbor, invited Council to attend the Soroptim slative Summit at The Westin South Coast Plaza Hotel on Friday, May 30, 2008. ( ,ww.le ativesummit.orel. Barbara Roy thanked Council Member Henn for the information about the group homes lawsuit and expressed concern about her safety due to crime in her neighborhood. Ron Herrick stated that a resident from a group home broke into his home and he urged Council to focus on group homes issues before it gets out of control. Don Chambers expressed concern about burglaries on the Peninsula and indicated that there are too many group homes in the area. Volume 58 - Page 482 City of Newport Beach City Council Minutes May 13, 2008 City Attorney Clauson clarified that the judge ordered an injunctionon on regulating group homes licensed for six beds and under. Fatima Giniger stated that the citizens of. Newport Beach don't approve of some of the group homes breaking laws and expressed concern about the City's ability to uphold the moratorium. She believed that the Police Department does not report incidents pertaining to group homes residents correctly. Daniel Welden expressed.concern about group homes and urged Council and the citizens of the City to work toward the betterment of the community. He beli eved that the concentration of group homes should not be in one area of the City. Dick Nichols believed that the City should trace the po ihty of integral uses to make sure that the group homes are not connected by having s owner, sleeping quarters, eating establishments, or schooling. Denys Oberman congratulated Council and q uested that Co HurNesl support, enforce and defend integral uses. She believed that the City d not p�vide sufficient e e to show the impact on the residents to the federal judge. Dolores Otting thanked Council Member nn for requesting the Citys warning system and invited everyone to the Newport y wport Harbor Relican Women's Group on May 22 to talk about Propositions 98 and 99 at L30 a.m. at ve Crowns Restaurant. She also believed that enforcement of group ho uld be implemented and incidents should be accurately recorded. Willis Lon ear expressed xpressed concern out gro andlrged Council to take a strong stance to toughen the line on, aforcement, re ce a dispers number of units, keep the facilities away from schools, an aksure that the to licensed. Werner Escj r eommetWed the actions f the City and believed that the City has the obligation to uphold its repition d protect the fac that the City is a resort. Sarajk . ` m exsed c sub cup homes and shared past experiences with having a COST 1100 -20081 .Revenue nager Everroad utilized a PowerPoint presentation which included Ndemc o bout the cost of services study. He also reported that one of the Council ' to include upda ting fees to ensure cost recovery. In the process, consultants hat there are fees that need to be increased to recover costs, some that need to sed, and there are new fees that need to be added. He showed a list of proposed cost recoveries by percentage of the new and old fees. He recommended that Chapter 3.36 of the Municipal Code be amended to establish the percentage of recovery by ordinance. He noted that subsequent to the adoption of the ordinance, staff will present a resolution which will include a Master Fee Schedule. Council Member Curry expressed concern about establishing formulas for fees without knowing exactly how much each fee changes and stated that he would like the fees passed through a rationale test to make sure they are not out of line. He also recommended that the ordinance and resolution be adopted on the same agenda so Council can see how the Volume 58 - Page 483 City of Newport Beach City Council Minutes May 13, 2008 fee structure translated from formulas to actual fees. Motion_by_.C_.ouncil_Member- Onrry to continue the item until it can be brought back with the Master Fee Schedule. In response to Council Member Henn's question, Revenue Manager Everroad stated that he provided the stakeholders, the Finance Committee, and staff with information that included the service type, name, description of service, annual volume, current fee, percentage of full costs, current subsidy amount, and proposed cost recovery level for all fees implemented. In response to questions, Revenue Manager Evedoad stated that the intent is to have the ordinance and resolution adopted. at the 27 meeting. The resolution was not brought before Council today to allow for Co 'I c es. He explained that most services are set at 100% recovery, the ordinance- only in a the services proposed for some level of subsidy, and the percentage ; cost recovery each fee will be listed in the ordinance. He stated that the dr'`report was placed the internet with a news alert, but the User Fee Study froeax't he .pr vious Study Sessiowas not provided prior to this meeting. �;4a Laura Curran believed that the fees re not compared to the market and is not compared to other alternative services. She askeif the fees will change the impact on services and if the fee recovery to. - idents and '4, sidents are the same. Mayor Pro Tem Daigle reported that res y lower feeslxan non - residents. The motion carried by the illowing II vote: 1,lq Ayes: Cotttl Member He , Co' cil Mem Rosansky, Mayor Pro Tem Daigle, Mayor SdL1tXouncil Mem Council Member Gardner Absent! Counciii Member Web 27. VEND" SELECTION FORS_ ONTRACT NEGOTIATIONS FOR RESIDENTIAL SOLID .,n.. TR FER SERVICES AND MATERIALS SS�/RE F) (C- 2807). 1100.20081 General cesjrector Harmon provided a report about the current contract. He stated that on A 11, a' of the RFP was mailed and they received proposals from Rainbow Disposal, C Rand aste Management of Orange County. During the analysis of the proposals, s realized that the RFP document did not clearly indicate what tonnage level per truck to would be used for calculating the overall tonnage cost and also realized that e use of different tonnage levels he haulers could result in a lower bid nun n. To ensure fairness, staff re- released the transfer portion of the RFP to allo 1 ee companies the opportunity W adjust their transfer cost using the average weigh 21.14 tons per truck load/trip. The low bid came from CR &R ,which resulted m a cost 'avings of approximately .$600,000 per year. He explained how the City employees currently doing this work will be transferred to an equivalent position. Bruce Shuman, Co- President/CEO of Rainbow Disposal, stated that staff should have recognized Rainbow Disposal as the lowest responsible bidder and explained the events leading to the bid announcement. He believed that CR &R is practicing unfair business practices. He asked if the bid analysis was changed to accommodate a re -bid. Bruce Atwell, legal counsel for Rainbow Disposal, asked if the bid submission process complies with the State Public Contract Law, believed that Rainbow Disposal had the Volume 58 - Page 484 City of Newport Beach City Council Minutes May 13, 2008 lowest bid and should be awarded the contract, and believed that the bid clarification did not meet the requirements of the City Charter. He believed that the bid from CR &R is in violation of the Business and Professions Code Section 17000 et seq. He stated that remedies include declaring Rainbow Disposal as the lowest bidder, or rejecting all bids and republishing the RFP. Dolores Otting believed that the contract should be a five year agreement and suggested that green waste be added to the contract. Dean Ruffridge,. Senior Vice President of CR &R, b ved they provided the lowest proposal during both bids. In response to Council's questions, Gene/\D Director Harmon stated that a ten year contract is common in the solid. wast there is a significant amount of capital outlay. He noted that green part of the material that is removed. He stated that the City has= _.n,ot introdtition for Santa Ana Heights because trash is collected by the Cow Mesa Sanict. He explained that there was confusion about the tonnage,. they decided tt _firm tonnage amount. Assistant City Attorney Harp ex _ that the request for propo process that Rainbow Disposal referred to is related t =,tublic Works contracts. He suggested adding an indemnification clause to the CR &R contract. Motion by Council M Curry to direct staff to negotiate a ten -year contract with CR &R Inc. to provid6 re al solid = y�aste transfer services and material processing /recycling servic�s. � =$ In respons Council Membpr He 's ques General Services Director Harmon stated that a Mona can b otiated with CR &R. Cowl Member Curry stated at the bid should go to the lowest bidder and indicated that C w cil s uld not negotia agreements from the dais. Me r Heim agreed CR &R indemnify the City in the event of a challenge to the bi =� s Amende otion�y Council Member Henn to direct staff to negotiate a ten -year Q R &R Fqc. to provide residential solid waste transfer services and material cling services and include an indemnification clause in the event of a e bid. otion carried by the following roll call vote: l Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Council Member Curry, Council Member Gardner Absent: Council Member Webb 528. PRELIMINARY TRAFFIC ANALYSIS OF THE CITY HALL AND PARK SITE AT NEWPORT CENTER BUILD -OUT: FARRALLON EXTENSION V. IMPROVEMENTS AT SAN MIGUEL. (731100 -20081 Mayor Selich introduced the item on behalf of the City's Building Ad Hoc Committee. He indicated that the item refers to access from the City Hall site and gives guidance to the architects. He noted that a formal traffic study will still be done as a part of the EIR. Volume 58 - Page 485 City of Newport Beach City Council Minutes May 18, 2008 Public Works Director Badum reported that the goal is to explore ideas. He indicated that there are operational issues at the San Miguel Road, MacArthur, and Avocado intersections in which he will present two potential alternatives. He state that the intent of the City is to address access and traffic circulation to accommodate build -out conditions at Newport Center. Joe Faust, Austin Faust Associates, presented a simulation of the two alternatives: Farrallon extension, which segregates the park, or adding a median on San Miguel with right turns only. a In response to Council's question, Mr. Miguel, public safety would have to redistribution in the intersection, and a turns and to accommodate pedestrians. access to the large parking lot, which in both alternatives will cause controversy; a better solution. s` In response to Council Memb alternatives that seem to have Faust ata that, if a median is added at San adjust eir pattern, there will be a major raffic, al is needed to interrupt traffic for right ris that they would have to maintain cause cut through. He indicated that however, he fe 14he Farrallon extension will be question, Mr. Faust a d that there are other ems, but the two presen seem to be the beat. In response to Council ember Gardners. question, Mayor Selich stated that they are not recommending the Sa el median, hey ever it is an option that seems to work. The Building Ad Hoc Comm ked at the ib*Act to the site plan, the park, the value of the right turns from MacArthur yard, ands_ cesa to the Central Library, and felt that this is the best recomme ation to t to uncil- Council Member Henn stated that they blended ,a series impe Ives 1 a to a conclusion about whether or not there wa rnative besi ea rrallon. Debr�`llen saluted the City' uilding Ad Hoc Committee and expressed appreciation for their x3 pectionto. the architects She also expressed support for staffs recommendation to not extexFa :d wi!;!e proposed median on San Miguel Drive because he more accidents. He supported the Farrallon extension because it makes Jan Vand aloot dipresaed ' support for the Building Ad Hoc Committee's recommend 'on to not extend Farrallon. He believed that the intent of the voters was to have City 11 in the park and if Farrallon is extended it would destroy the concept of at peopl oted on. He suggested that the Avocado and San Joaquin Hills intersection be ened increase traffic movement. - He also suggested that the Design Parameter be chan reflect the intent of a natural park in the northern parcel. Ron Hendrickson, expressed concern about traffic problems in Newport Center and suggested that wording be added to the Council report relative to the build out conditions. He also suggested that the phrase "southern most meadow" in the General Design Parameters be reworded to clarify the location. Council Member Curry agreed that Farrallon should not be extended Motion by CounciL Member_Curry to a) ratify the Building Committee's recommendation stating the intent of, the City Council that the City shall: 1) utilize improvements to key intersections at San Miguel and Avocado, San Miguel and Volume 58 - Page 486 City of Newport Beach City Council Minutes May 13, 2008 MacArthur, Newport Center and San Miguel, and Newport Center and Anacapa to accommodate build -out conditions in Newport Center instead of extending Farrallon from its current terminus at Avocado to MacArthur Boulevard; and 2) preclude "right -turn in" access from MacArthur Boulevard into the City Hall location. Mayor Pro Tem Daigle clarified that nothing is being locked in as far as the medians and that the intent is to show there are alternative traffic analysis. Council Member Henn stated that when an alternative solution is identified, it will have to be a collaborative effort of landowners and users of therea. The motion carried by the following roll call voter c Ayes: Council Member Henn, Council Me er'�kosansky,. Mayor Pro Tem Daigle, Mayor Selich, Council Member Curry, C cil Meal ,Gardner Absent: Council Member Webb ,k XVIII. MOTION FOR RECONSIDERATION - XIK- ADJOURNMENT - 10:24 p.m. The agenda for the Regular Meeting w osted on May 7, 2008, at 4:00 p.m. on the City Hall Bulletin Board locat d outside o the City of Newport Beach Administration Building. The supplement nda for the`Igular Meeting was posted on May 9, 2008, at 2:40 p.m. on the City Hall Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 58 - Page 487