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Home My WebLink About08/09/2005 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting August 9, 2005 — 7:00 p.m. - 4:00 p.m CLOSED SESSION - 6:00 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 - Council Member Nichols. E. INVOCATION - Mayor Heffernan. F. PRESENTATIONS Orange County Human Relations Commission Award for Outstanding Contributions in the Area of Community Oriented Policing to the Police Department (Teen Academy) - Pat. Krone, OCHR Commissioner, presented the plaque to Lieutenant Steve Shulman of the Newport Beach Police Department. Proclamation for Russian National Orchestra Day - Mayor Heffernan read the proclamation and presented it to Malcolm Hill. Proclamation for Tallship Argus 100th Birthday - Mayor Pro Tem Webb read the proclamation and presented it to two adult Sea Scouts, two Sea Scouts, and two Sea Scouts from Aero, Denmark; the island in which the Argus was built. G. NOTICE TO THE PUBLIC. H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE, AGENDA FOR DISCUSSION�ACTION OR REPORT (NON - DISCUSSION ITEM: Council Member Daigle announced that the first Orange County Conference for Women will be held on September 14 at the Balboa Bay Club. She reviewed the seminar sessions and stated that people can go to www.ocwomen.org for more information. Council Member Ridgeway announced that the Get Fit Training Program to train for the January 8, 2006 Orange County Marathon begins this week. He stated that people can get more information at www.ocmarathon.com or by calling (949) 47 6-7076. Volume 57 - Page 366 City of Newport Beach City Council Minutes August 9, 2005 Mayor Heffernan announced the following schedule of meetings: August 11 at 6:00 p -m. - St. Andrew's Presbyterian Church Expansion; August 16 at 7:00 p.m. - General Plan Update; August 23 - Regular Meeting; August 30 at 7:00 p.m. - General Plan Update; and September 13 at 7:00 p.m. - City Hall Financial Plan during the Regular 'Meeting. He reviewed the August 11 agenda and discussed the meeting protocol. I. CONSENT CALENDAR (Items 1 - 10 & 815 READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF JULY 26, 2005 [100 - 2005]. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCES FOR ADOPTION 3. GENERAL PLAN AMENDMENT NO. 2004 -006 AND CODE AMENDMENT NO. 2005 -006 - MASTER DEVELOPMENT CORPORATION OFFICE EXPANSION, 4200 VON KARMAN AVENUE (PA2004 -231) [100 - 2005[. Adopt Ordinance No. 2005 -14 for Code Amendment No. 2005 -006. RESOLUTIONS FOR ADOPTION 5. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2004 - 2005 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR SHORTENED FISCAL YEAR 2005 -2006 [100 - 20051. 1) Approve the Corona del Mar Business Improvement District 2004 -2005 Annual Report; and 2) adopt Resolution of Intention No. 2005 -41 to levy assessments and set the public hearing for August 23, 2005. CONTRACTS AND AGREEMENTS 6. AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES WITH PARK WEST LANDSCAPE MAINTENANCE, INC. (C -3807) [381100- 2005]. Award the Landscape Maintenance Agreement with Park West Landscape Maintenance, Inc. in the amount of $390,315 to provide landscape maintenance to City parks and facilities; and approve a budget amendment (06BA -007) in the amount of $71,751. 7. BEGONIA PARK PLAYGROUND IMPROVEMENTS - COMPLETION AND ACCEPTANCE OF CONTRACT (C -3641) [381100- 2005]. 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; 4) release the Faithful Performance Bond one year after Council acceptance; and 5) authorize the Public Works Director to approve Change Order No. 2 in the amount of $14,447.33 and Volume 57 - Page 367 City of Newport Beach City Council Minutes August 9, 2005 authorize the encumbrance of an additional $14,374.21 and budget amendment (06BA -005) appropriating the same amount from Unappropriated BET Fund balance, 270 -3605 to account 7271- C4120724. S. BALBOA VILLAGE IMPROVEMENT PLAN — PHASE 3, APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH PSOIVLAS (C- 3527) [381100- 20051. Approve a Professional Services Agreement with PSOMAS of Costa Mesa for design services for the Balboa Village Improvement Plan — Phase 3 at a not to exceed contract price of $75,000 and authorize the Mayor and the City Clerk to execute the agreement. MISCELLANTEOUS ACTIONS 9. APPROVAL OF TASTE OF NEWPORT BANNERS — ENCROACHMENT PERMIT N2005 -0305 [100- 20051. Conditionally approve the request of the Newport Beach Chamber of Commerce for the installation of 268 banners from August 24, 2005 to September 21, 2005 for the Annual Taste of Newport (installation shall be along Jamboree Road, MacArthur Boulevard, Westchff Drive, San Joaquin Hills Road, Newport Center Drive East/West, Newport Center Drive, Coast Highway and Newport Boulevard). 10. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR EXPENDITURE BUDGET FOR FY2005 -06 [100 - 20051. Approve a budget amendment (06BA -006) to increase expenditure appropriations by $35,000 in two 4090 Foundation accounts and to increase revenue estimates for the same amount in Account No. 4090 -5593. S15. CITY HALL FUEL TANK REMOVAL, APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. (C -3808) [381100- 20051. 1) Approve a Professional Services Agreement with Leighton Consulting, Inc. for the removal of 12,000 gallon underground fuel storage tank at City Hall at a not to exceed contract price of $57,400 and authorize the Mayor and the City Clerk to execute the agreement; and 2) approve a budget amendment (06BA -009) appropriating $57,400 from the General Fund Unappropriated Surplus Fund Balance, 010 -3605, to account 7011- C5100874. Motion by Mayor Pro Tem Webb to move affirmative action of the Consent Calendar, except for the item removed (4). 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 HEARING 11. MASTER FEE SCHEDULE [100 - 20051. Administrative Services Director Danner provided the staff report. He noted that the fee schedule represents an increase of 4.02% which is the CPI increase since last year. He reported that the only change to the fee schedule is to make the traffic Volume 57 - Page 368 City of Newport Beach City Council Minutes August 9, 2005 study fee charged by the Planning and Public Works Departments the same amount ($125 per hour). He announced that this fee schedule deals with over 700 City fees. Mayor Heffernan opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Membe_r_Rid ewe to adopt amended Resolution No. 2005 -42 updating the Master Fee Schedule. 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 K. PUBLIC COMMENTS Jim Hildreth discussed access on The Grand Canal. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC) - Council Member Selich reported that the General Plan Advisory Committee (GPAC) recommendations are on the City's website and will be discussed at the August 16 and August 30 meetings. Local Coastal Program Certification Committee - Council Member Ridgeway reported on the issues with the delay of the hearing before the Coastal Commission and the steps that have been taken. Newport Coast Advisory Committee - None. Mariners Joint Use Library Ad Hoc Steering Committee - '_Mayor Pro Tem Webb reported that he toured the library last week. City Centennial 2006 Committee - Mayor Pro Tem Webb noted that "Let's Do Launch" will be held on October 2 at the Newport Dunes and more information can be obtained at www.newportbeach100.com or by calling the Recreation and Senior Services Department. City Council/Citizens Ad Hoc Committee for Marina Park Planning - Mayor Pro Tem Webb reported that a meeting will be held in September in which the subcommittee will provide information relative to goals and needs. City Council Ad Hoc Marina Park Advisory Committee - Council Member Ridgeway reported on a meeting with State Lands Commission staff and one of their attorneys regarding the Marina Park boundaries and where the high water mark is located. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 12. PLANNING COMMISSION AGENDA FOR AUGUST 4, 2005 [100 -2005] Planning Director Temple reviewed the following Planning Commission items: 1401 Dove Street (PA2003 -120); Domingo Villas, Inc. - 757 Domingo Drive (PA2004 -243); and an appeal of Modification Permit No. 2005 -049 (PA2005 -082). Volume 57 - Page 369 City of Newport Beach City Council Minutes August 9, 2005 Motion by Council Member Nichols to appeal the Domingo Villas, Inc. project located at 757 Domingo Drive (PA2004 -243). Council Member Ridgeway announced that he has a conflict of interest relative to this project. The motion died for lack of a second. N. CURRENT BUSINESS 13. CORONA DEL MAR STATE BEACH IMPROVEMENTS - AWARD OF CONTRACT (C- 3461). City Manager Bludau requested that Item 14 be discussed prior to Item 13. Motion by Council Member Ridgeway to discuss Item 14 out of order. The motion carried by the following roll call vote: Ayes: Council Member Selich; Mayor Heffernan; Council Member Ridgeway; Council Member Daigle; Council Member Nichols Noes: Council Member Rosansky; Mayor Pro Tom Webb 14. CITY COUNCIL REVIEW AND DIRECTION TO CONSULTANTS ON CURRENT PLANNING STATUS OF PROPOSED CITY HALL STRUCTURE AND GROUNDS [35/100- 2005). City Manager Bludau provided the staff report and discussed the space needs assessment analysis. He noted that the focus for tonight is the City Hall complex, pointing out that the parking structure and Fire Station will be discussed at the August 23 meeting. He reported that a financing presentation will be conducted in September and they intend to come before Council in October with schematic drawings and the financing package for Council approval. Roger Torriero, Griffin Structures, utilized a PowerPoint presentation and reported that detailed concept designs and a budget will be presented at the next meeting. He discussed the community workshops and the Building Committee meetings. Rick D'Amato, Griffin Structures, utilized a PowerPoint presentation to discuss the design, the site plan, the floor plan, and possible enhancements. Council discussed the site plan, the existing ficus trees, the location of the entrances, the potential for a sculpture garden, the Fire Station location, the enhanced alternatives, the One Stop Shop, conference room locations, the Community Room, the exterior facade, and the building materials. Dina Gartland, Leighton Consultants, reported on the soil composition and building foundation options. Jim Hildreth discussed using solar panels, access issues, emergency exits, and the location of the parking structure. Nancy Skinner suggested using solar panels and discussed the different levels of LEED certification. Volume 57 - Page 370 City of Newport Beach City Council Minutes August 9, 2005 City Clerk Harkless reported that the public can email their input to nb cityhall @yahoo. com. Council Member Ridgeway directed the consultants to look into solar panels. John Loper, representing the Fritz Duda property next door, spoke in support of the One Stop Shop and the public outdoor spaces. However, he expressed concern about the service area on Finley Avenue and its visual impacts from Newport Boulevard. He noted that they still support the land trade. It was the consensus of Council that it would be difficult to make any decisions since this is the first time some of the Council Members have seen the drawings. Council Member Ridgeway suggested letting the Building Committee move forward and stated that the Finley Avenue issue needs to be resolved quickly. City Manager Bludau stated that he and the architect can meet with two Council Members at a time to discuss the plan more in depth. Council Member Daigle said that the functionality at Finley Avenue needs to be worked out in conjunction with the neighboring property and requested that the square footage be in sync with future community needs. Council requested and received a copy of the PowerPoint presentation. Mayor Heffernan recessed the meeting at 10:11 p.m. and reconvened the meeting at 10:245 p.m. with all members of Council present. 13. CORONA DEL MAR STATE BEACH IMPROVEMENTS - AWARD OF CONTRACT (C -3461) [381100- 20051. City Manager Bludau provided the staff report and presented a PowerPoint presentation. Council Member Nichols expressed the residents' concern with the beach becoming overused, the desire for more sand, and his concern about the lifeguard tower and concession building. City Manager Bludau noted that the building will also be used for storage and provide for minimal medical needs. Mayor Pro Tem Webb spoke in support of awarding the contract at this time and expressed concern with the 10% contingency fee and suggested changing it to 5 %. Motion_by Mayor Pro Tern Webb to 1) approve the plans and specifications for Beach Access Trail Repair at Inspiration Point and for Corona del Mar State Beach Improvements; 2) approve a budget amendment (06BA -008) appropriating $29,648 from Contributions, 7251- C5100569, to be reimbursed when FEMA funds are received; 3) approve a budget amendment (06BA -008) appropriating $3,049,552 to account 7011- C5100569 representing the General Fund contribution to the project (of this contribution, which includes an allowance for unforeseen work, $3 million is proposed to be utilized from existing Capital Improvement reserves while the remaining $19,904 would come from Unappropriated General Fund Surplus Fund Balance); 4) award the contract (C -3461) to Weeger Bros., Inc. for the total bid price of $3,945,000 and authorize the Mayor and the City Clerk to execute the contract; and 5) establish an amount of $200,000 to cover the cost of unforeseen work, which Volume 57 - Page 371 City of Newport Beach City Council Minutes August 9, 2005 In Uk "Q represents a 5% contingency fee Council Member Selich expressed concern with taking $3 million from the Capital Improvement Program (CIP) reserve and suggested phasing the improvements. City Manager Bludau reported that increasing the parking lot fee to $10 will result in a $180,000 increase in revenue a year. Council Member Rosansky noted that the City could have a two tier parking fee structure for weekdays and weekends. Council Member Daigle spoke in support of the project and investing in the infrastructure. Regarding the concessionaire building their own structure, Public Works Director Badum noted that the community does not want a year -round concession vendor. Council Member Selich indicated that he will not be supporting the motion because he believes that there are other alternatives and it is not responsible to take that much money from the CIP reserve. The motion carried by the following roll call vote: Ayes: Council Member Rosansky; Mayor Pro Tem Webb; Mayor Heffernan; Council Member Ridgeway; Council Member Daigle Noes: Council Member Selich; Council Member Nichols ITEMS REMOVED FROM THE CONSENT CALENDAR 4. ORDINANCE RESTRICTING TRUCKS ON RIDGE PARK ROAD [100120051. Council Member '.Nichols suggested restricting this to only school time. City Manager Bludau noted that school sometimes lets out at different times and there is no way to notify the contractors and hold them accountable. He noted that the ordinance has a three year sunset clause. Motion by Mayor Pro Tem Webb to adopt Ordinance No. 2005 -15 adding Section 12.32.022 to the NBMC to establish a vehicle weight limit of eight thousand (8,000) pounds on Ridge Park Road between Newport Coast Drive and Vista Ridge Road. 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 MOTION FOR RECaNSIDERATION - '_None. ADJOURNMENT - adjourned at 11:07 p.m. in memory of Roman Gomez to Thursday, August 11, 2005 at 6:00 p.m. [St. Andrews Presbyterian Public Hearing]. Volume 57 - Page 372 City of Newport Beach City Council Minutes August 9, 2005 The agenda for the Regular Meeting was posted on August 3, 2005 at 2:10 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 August 5, 2005 at 12:30 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. AJAIJUN012-MA W- Recording Secretary ayor Volume 57 - Page 373