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Home My WebLink About10/25/2005 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 25, 2005 - 7:00 p.m. STUDY SESSION - 3:00 p.m. CLOSED SESSION - 6:15 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols C. CLOSED SESSION REPORT - None D. PLEDGE OF,ALLEGIANCE -Mayor Pro Tem Webb E. INVOCATION - City Manager Bludau - -? F. PRESENTATION Orange County Marathon Presentation by Bill Sumner (conducted with Item 14) G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCi755IONACTION OR REPORT (NON - DISCUSSION ITEMI: Council Member Daigle noted her appointment of Ron Darling to the Aviation Committee (Item 15) and thanked him for his willingness to volunteer. Mayor Pro Tem Webb announced that there are 310 days until the City's 100th birthday and shared "Centennial Moments ". Mayor Pro Tem Webb announced that City Clerk Harkless and Arts Coordinator Barbier assembled a Centennial display case in the Council Chambers lobby. I. CONSENT CALENDAR (Items 1 to 15) READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED" REGULAR MEETING OF OCTOBER 4, 2005, ADJOURNED REGULAR AND REGULAR MEETING OF OCTOBER 11, 2005 [100 - 20051. Waive reading of subject C % minutes, approve as written and order filed. Volume 57 - Page 451 City of Newport Beach City Council Minutes October 25, 2005 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in \.... full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. CONTRACTS AND AGREEMENTS 3. APPROVAL OF SOLE SOURCE PURCHASE OF YOUTH PLAYGROUND EQUIPMENT FOR IRVINE TERRACE PARK [100- 2005]. 1) Approve sole source purchase from Game Time /Great Western Play & Playgrounds to replace the existing youth playground at Irvine Terrace Park in an amount not to exceed $38,188 from Proposition 12 Grant Account #7251- C4310708; and 2) accept the grant funding of $24,810 from Game Time /Great Western Play & Playgrounds to offset the cost of the equipment purchase excluding tax and shipping. 4. ORANGE COUNTY TRANSPORTATION AUTHORITY AMENDMENT NO. 11 TO COOPERATIVE AGREEMENT NO. C -95 -985 (C -3051) [381100- 20051. Approve Amendment No. 11 to Cooperative Agreement No. C -95 -985 between the Orange County Transportation Authority (OCTA) and the City of Newport Beach and authorize the Mayor and City Clerk to execute the Amendment. 5. DEFERRED COMPENSATION PLAN ADOPTION (C -2964) [381100- 20051. Approve the Deferred Compensation Plan Document and Adoption Volume 57 - Page 452 Agreement. 8. BIG CANYON RESERVOIR COVERING AND DISINFECTION FACILITIES - COMPLETION AND ACCEPTANCE OF CONTRACT (C -3037) [381100- 20051. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of.the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 9. REVIEW AND APPROVAL OF CONTRACT RENEWAL WITH LDM ASSOCIATES FOR ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 2005 -2006 (C -3489) [38/100- 2005). Approve the proposed contract renewal with LDM Associates. MISCELLANEOUS ACTIONS IL CONVERSION OF PART -TIME FISCAL CLERK POSITION TO FULL -TIME REGULAR STATUS [100 - 20051. Approve the recruitment of the Fiscal Clerk position with a status of full-time regular and approve an amendment to the current budget to reflect the position as a full-time regular position. 12. HUMAN SERVICES GRANTS FOR 2005 -2006 [100- 20051. Authorize the allocation of $25,000 in Human Services Grants in the amounts and to the agencies described in the staff report. 'i 13. APPOINTMENT OF COUNCIL MEMBER SELICH TO THE BUILDING AD HOC COMMITTEE [100- 20051. Confirm the Mayor's Volume 57 - Page 452 City of Newport Beach City Council Minutes October 25, 2005 appointment of Council Member Selich to replace himself on the Building Ad Hoc Committee. 15. APPOINTMENT TO THE AVIATION COMMITTEE [100- 2005]. Confirm Council Member Daigle's appointment of Ron Darling to the Aviation Committee (District 4 alternate member). Motion by Mayor Pro Tern Webb to approve the Consent Calendar, except for those items removed (6, 7, 10 and 14). The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols J. PUBLIC COMMENTS W. R. Dildine provided a handout and questioned the legal authority to bid the City Hall project as Design - Build. City Attorney Clauson received the material and indicated that she will contact Mr. Dildine about this. Robin Sanders, 1975 Tournament of Roses Queen, invited everyone to become involved with the City's Rose Parade float and announced that people can find out more information by going to www.newportbeachlOO.com. Eman Jassim, Peninsula Animal Hospital, presented a letter and requested that Council j initiate an amendment in the Cannery Village/McFadden Square Specific Plan to permit boarding of animals in commercial areas subject to a conditional use permit. Dolores Otting suggested videostreaming the Planning Commission meetings. Tom Billings, Protect, Our Parks, stated that people can email them at info@newport- parks.com to find out more about their "Window to the Bay" proposal for Marina Park. John Buttolph, Newporters for Responsible Government, provided an update on their signature gathering efforts relative to the initiative. K. ORAL REPORTS FROM CITY-COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC) - Council Member Selich announced that the Committee met two weeks .ago and will have its next meeting on November 7 at 4:00 p.m. Local Coastal Program Certification Committee - Council Member Ridgeway announced that the California Coastal Commission (CCC) unanimously approved the City's LCP on October 13 in San Diego. He stated that the Committee will meet on November 2 at 1:00 p.m. in the Fire Conference Room. Senior Planner Alford discussed what happened at the CCC hearing and the LCP procedure. He reported that the Committee will review the Coastal Commission staffs proposed modifications on November 2. He responded to Council questions relative to the potential schedule of the implementation plan and bluff issues. Newport Coast Advisory Committee - Mayor Heffernan announced that the Committee will meet on November 7 at 5:30 p.m. Volume 57 - Page 453 City of Newport Beach City Council Minutes October, 25, 2005 } Mariners Joint Use Library Ad Hoc Steering Committee - Mayor Pro Tem. Webb reported that the scratch -coat of stucco has been put on the library. City Centennial 2006 Committee - Mayor Pro Tern Webb stated that the Committee will meet on October 27 at 3:30 p.m. at the Riverboat. He announced that they need volunteers to help with the Rose Parade float and more information is on the Centennial's website (www. newportbeach100.com). City Council/Citizens Ad Hoc Committee for Marina Park Planning - Mayor Pro Tern Webb announced that the Committee has completed its duties. City Council Ad Hoc Marina Park Advisory Conunittee - City Manager Bludau indicated that this issue probably won't come before Council until after the first of the year. L. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING COMMISSION AGENDA FOR OCTOBER 20, 2005 [100- 20051. Assistant City Manager Wood reviewed the following Planning Commission items: Carl and Barbara Mosen - 3811 Villa Way; Riviera Magazine - 424 32nd Street (PA2005 -185) and The Cannery Restaurant - 3010 Lafayette Street (PA2005 -239); Newport Marina LLC - 919 Bayside Drive; and Recreation and Open Space and the Natural Resources Elements. M. CONTINUED BUSINESS 17. REPEAL OF RESOLUTION NO. 2005 -48 AUTHORIZING THE CITY % MANAGER TO REJECT DOCUMENTS RELATING TO THE TRANSFER OF ADELPHIA'S FRANCHISE TO EITHER TIME WARNER OR COMCAST [421100- 20051. City Manager Bludau provided the staff report. Motion by Council Member Ridgeway to repeal Resolution No. 2005 -48. Dolores Otting stated that people don't choose their cable provider and Adelphia did not replay the last Council meeting. She requested that the City negotiate to have better reception for Cox customers. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols N. 18. ESTABLISHMENT OF PUBLIC AND HUMAN SERVICE GRANTS COMMITTEE [100- 20051. Program Manager Trimble provided the staff report and answered questions regarding the duties of the Committee and the amount of money to be allocated through the Human Services Grant and CDBG public service funding requests. Motion by Council Member Ridgeway to deny the request to form the committee and re- establish a Council policy regarding the Human Services Grants Volume 57 - Page 454 City of Newport Beach City Council Minutes October, 25, 2005 and the CDBG public services funding requests. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 19. INFORMATION ABOUT LEED [PRESENTATION BY RICK D'AMATO, LPA ARCHITECTS] [351100- 20051. Rick D'Amato, LPA Architect, utilized a PowerPoint presentation to discuss what Leadership in Energy and .Environmental Design (LEED) certification is, the advantages of having a LEED certified building, the different LEED categories, LPA's LEED projects, how LEED could be used in the civic center project, and how LPA proposes to receive LEED credits. He responded to questions relative to grey water and photovoltaic panels. Council Member Ridgeway noted that the Building Committee toured LPA's LEED buildings that are located in Southern California. Nancy Skinner expressed support for using solar panels on the parking structure. She suggested conducting a study session with the solar energy industry. Bill Thomas reported that 85% of the electricity for his building comes from solar panels and invited Council to tour his building at 1931 Newport Boulevard. Dolores Otting commended Mr. D'Amato for his work and received clarification that the women's restrooms can't use reclaimed water since it can't be piped in. S20. RESOLUTION NO. 2005 -51 ESTABLISHING THE AD HOC SANTA ANA HEIGHTS COMMUNITY CENTER COMMITTEE 1100 - 20051. Assistant City Manager Kiff provided the staff report and discussed the purpose of the Committee. He responded to questions relative to who addresses design issues and the City's relationship with the Santa Ana Heights Project Advisory Committee (PAC). He recommended adding a duty to the resolution so the Committee could participate in the development of the design by working with the community and the PAC. Motion by Council Member Daigle to 1) adopt amended Resolution No. 2005 -51 forming the Ad Hoc Santa Ana Heights Community Center Committee; and 2) appoint Council Members Webb, Ridgeway, and Daigle to the Committee. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols .0. ITEMS REMOVED FROM THE CONSENT CALENDAR 6. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF CEQ,A DOCUMENTS FOR A PROJECT ON WEST COAST HIGHWAY AT DOVER DRIVE (C -3712) [381100- 20051. In response to Council questions, Assistant City Manager Wood indicated that there is a complete application on file in the Planning Department and reviewed the Volume 57 - Page 455 City of Newport Beach City Council Minutes October 25, 2005 process for negative declarations and environmental impact reports. Mayor Pro it Tem Webb added that the applicant has been working with the residents. Motion by Mayor Pro Tem Webb to 1) approve Amendment No. 1 to the Professional Services Agreement with RBF Consulting of Irvine for additional work ,required for preparation of an Initial Study and Mitigated Negative Declaration for an additional amount not to exceed $46,455; and 2) authorize the City Manager to sign the agreements. Dolores Otting suggested determining what impact the street light would have on emergency response. Mayor Pro Tem Webb noted that emergency vehicles have preemption systems. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle Abstain: Council Member Nichols 7. CORONA DEL MAR STATE BEACH IMPROVEMENTS (C -3461) PROJECT UPDATE; AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT; CONSTRUCTION SERVICES; FUNDING [381100- 20051. Assistant City Manager Kiff displayed a PowerPoint presentation to highlight the project and the number of times this issue has come before Council, how the volleyball courts are affected and where other courts are located on the Peninsula, } and how to continue participation. He showed overlays of the area before and after _.f construction. In response to Council Member Nichols' concerns, Public Works Director Badum noted that the overlays came from the CAD drawings that the contractor is using and explained the grass area, the bus drop off area, and the bypass lane. He reported that General Services will be installing three temporary volleyball courts this weekend. Recreation and Senior Services Director Knight reviewed the history of discussions with the volleyball players. She reported that there will be a community meeting in November that will include discussion about the volleyball courts, the fire rings, and public safety. Council Member Nichols reiterated the community's desire for more sand. In response to Council questions, Assistant City Manager Kiff stated that he can talk to the Coastal Commission about increasing the number of volleyball courts at the expense of fire rings. He confirmed that access was limited during demolition. He described the duties of the Marine Life Supervisor, the tidepool program, and the reason for the office. Council Member Ridgeway received confirmation from City Attorney Clauson that the PowerPoint presentation and discussion tonight does not violate the Brown Act. Motion by Mayor Pro Tem Webb to 1) approve Amendment No. 3 to the f j Professional Services Agreement with Robbins Jorgensen Christopher Architects; 2) approve construction services with Harrington Geotechnical Engineering, Inc. for a total not to exceed amount of $43,619 for Construction Materials Testing and Geotechnical Engineering services per the existing On -Call Professional Services Volume 57 - Page 456 City of Newport Beach City Council Minutes October 25, 2005 Agreement; and 3) approve, a budget amendment (06BA -023) appropriating $200,000 from the Unappropriated General Fund Surplus Balance to Account No. 7011- C5100569. In response to Council Member Selich's questions, Public Works Director Badum explained that the construction contingency also includes geotechnical services and the money owed to the architect for last minute design changes. Courtney Watson explained why the volleyball courts on this beach are more desirable than the courts on the Peninsula. She requested that they be involved and presented a petition. Tom Billings expressed his hope that all ten volleyball courts will come back. He took issue with the project design, the cost of the project, and the public outreach. Assistant City Manager Kiff described all the outreach that occurred for this project. Matt Cox agreed that the beach has eroded and expressed support for the renovation. He expressed his hope that the volleyball courts remain. Bill Thomas believed that volleyball on this beach is unique because the eight courts are together and there is less wind. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tom Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle f 1 Noes: Council Member Nichols -'� 10. ANALYSIS OF POLICE OPERATIONS - JULY 4, 2005. Mayor Pro Tem Webb complimented the Police Department for their work on July 4. 14. CITY COUNCIL GOLD ($50,000) SPONSORSHIP OF 2ND ANNUAL OC MARATHON TO BE HELD SUNDAY, JANUARY 8, 2006 [100 - 20051. Council Member Ridgeway indicated that he does not have a conflict of interest, but announced that he is a founding board member of the Orange County Marathon, which is a voluntary position. Bill Sumner distributed.00 Marathon posters and brochures, and stated that their goal is to have this marathon become a world -class marathon. He indicated that they want to become partners with the City since everyone knows where Newport Beach is located. He described the race route and reported that over 300 hotel rooms were booked last year and that they want to make this a week -long event in the future. Peggy Fort reported that 100% of the proceeds goes to children's charities and described their marketing and publicity campaign. She reported that 20 million people looked at the marathon's website last year. Council Member Daigle suggested putting photos of Newport Beach hotels on the website. Mr. Sumner reported that they now have a two year agreement with the Marriott Newporter. — In response to Council questions, Mr. Sumner explained the different sponsorship levels and indicated that they could put the City's logo and the Centennial NB100 logo on material if the City becomes a Gold sponsor. He added that they haven't Volume 57 - Page 457 �1 City of Newport Beach City Council Minutes October 25, 2005 asked Irvine for sponsorship because there can only be one host city. City Manager Bludau indicated that the marathon is willing to pay for staff to setup and tear down the event if the City is a Gold sponsor. He noted that this will be less expensive than last year since the race ends at the Irvine Spectrum, not the Newport Dunes. Marta Hayden, Newport Beach Conference and Visitors Bureau (CVB) Executive Director, reported that they offered the marathon their support, in -kind services, and advertisement on CVB's website. She indicated that sponsorship was not included in their budget. Motion by Council Member Daigle to approve becoming a Gold sponsor for the event and approve a budget amendment (06BA -024) appropriating $50,000 from Unappropriated General Fund reserves into City Council account 010 -20- 0110 -8010. Jim Collins reported that runners in New York and Boston know about this marathon and that some of his photos appeared in magazines that were circulated worldwide. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols P. MOTION FOR RECONSIDERATION - None Q. ADJOURNMENT - at 9:58 p.m. in memory of former California Assemblyman, former U.S. Congressman, and Civil Service Board Member Robert Badham. The agenda for the Regular Meeting was posted on October 19, 2005 at 1:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on October 21, 2005, at 2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Volume 57 - Page 458