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HomeMy WebLinkAbout10/11/2005 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 11, 2005 — 7:00 p.m. STUDY SESSION - 4:00 p.m. CLOSED SESSION - 6:30 p.m A. RECESSED AND RECONVENED AT 7.10 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle Excused: Council Member Nichols C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Selich E. INTVOCATION - Associate Pastor Patrick Thompson, Presbyterian Church of the Covenant, Costa Mesa Council Member Nichols joined the meeting at 7:16 p.m. F. PRESENTATIONS Mayor Heffernan presented a proclamation recognizing Alan Silcock's community service, to Mr. Silcock's wife, Sharon, and his children, Scott and Lisa. City Manager Bludau recognized Seymour Beek, 2005 Citizen of the Year. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTIOAT OR REPORT (NON- DISCUSSION ITEM_ Mayor Pro Tem Webb announced that there are 324 days until the City's 100th birthday and he shared a "centennial moment ". Council Member Ridgeway announced that earlier in the day, a groundbreaking ceremony for the upper back bay dredge program was held at the Muth Interpretive Center. He also provided an update on the lower bay dredge project. Council Member Daigle announced that there would be a community meeting on October 26, 2005, at 6:30 p.m. at the Muth Interpretive Center to discuss the west bay boardwalk and trails. Council Member Nichols requested that an update on the Big Corona beach project be Volume 57 - Page 438 City of Newport Beach City Council Minutes October 11, 2005 s. } agendized for a future Study Session. Mayor Heffernan requested that a future agenda item address the possibility of the general plan update, and either or both of the pending initiatives, being on the November 2006 election. I. CONSENT CALENDAR - (Items 1 - 9) READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF SEPTEMBER 27, 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. ORDINANCE FOR ADOPTION 3. CODE AMENDMENT NO. 2005 -010 AMENDING CHAPTER 20.66 OF THE NBMC TO INCREASE THE MINIMUM PARKING REQUIREMENT FOR DUPLEXES NOT LOCATED WITHIN THE COASTAL ZONE OR OLD CORONA DEL MAR FROM 1.5 SPACES PER UNIT TO 2.0 SPACES PER UNIT (PA2005 -201) [100 - r 20051. Adopt Ordinance No. 2005 -18 amending Chapter 20.66 of the NBMC €� to increase the minimum parking requirement for duplexes not located within the Coastal Zone or Old Corona del May from 1.5 spaces per unit to 2.0 spaces per unit. CONTRACTS AND AGREEMENTS 4. PURCHASE AND INSTALLATION OF SMART- STATION CALL ALERTING SYSTEMS [100 - 20051. Approve the purchase and installation of WestNet Smart - Station Call Alerting System at Fire Stations 1, 3, 4, 6, and 8 in an amount not to exceed $195,000; and authorize a budget amendment (06BA -020) to transfer $195,000 from the General Fund Paramedic Reserve to account 2320 -9300 to fund the purchase and installation of Smart - Station Call Alerting System. •(C -3859) 5. BEACH SAND STUDY AND MONITORING PROGRAM - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT & NICHOL (C -3790) [381100- 20051. Approve a professional services agreement with Moffatt & Nichol, of Long Beach, California, for professional engineering services at a contract price of $48,614 and authorize the Mayor and the City Clerk to execute the agreement. 8. MARINERS MILE STREET LIGHTING (C -3814) 1381100- 20051. Request Caltrans, as part of a State safety lighting project on Coast Highway, to upgrade street lighting poles to City standard concrete poles in place of Caltrans standard steel poles; 2) direct staff to finalize a Contribution Agreement with Caltrans for funding and maintenance of the concrete street lighting poles which will be approved by City Council at a Volume 57 - Page 439 City of Newport Beach City Council Minutes October 11, 2005 later date; 3) designate the funding sources for the cost of the street lighting pole upgrades; and 4) use remaining balance of the $65,000 from Mariners Mile CIP project, and appropriate an additional $10,000 from General Fund reserves. MISCELLANEOUS ACTIONS 9. SANTA ANA HEIGHTS UNDERGROUNDING PROJECT - BUDGET AMENDMENT [891100- 20051. 1) Approve a budget amendment (06BA- 022) appropriating $100,000 for the Utility Undergrounding in Santa Ana Heights that will be funded by the OCDA's Santa Ana Heights Project Area's tax increment revenue and bond proceeds; and 2) authorize the City Manager or the Mayor to enter into one or more agreements with the Orange County Development Agency and /or the County of Orange for design and /or construction work associated with the Utility Undergrounding project in Santa Ana Heights. Motion by Mayor Pro Tern Webb to move affirmative action of the consent calendar, except for those items removed (6 and 7). 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 10. APPEAL OF PLANNING DIRECTOR'S USE PERMIT NO. 2005 -041 (PA2005- 186) - 2721 EAST COAST HIGHWAY, SUITE 108 [100 - 20051. Planning Director Temple described the use permit that was applied for and the reasons for approval. Council Member Nichols described the reasons why the use permit application should have been denied. He read comments from those in the area who are opposed to the use permit, and pointed out that the use permit would remain with the building, even under new ownership. He felt that the City's rules should be enforced. Council Member Daigle noted that the City's regulations regarding massage establishments are significant. Motion by Council Member Ridgeway to uphold the Planning Director's approval of Use Permit No. 2005 -041. Planning Director Temple provided a brief history on the development of the current regulations and stated that they are not meant to stop people from pursuing legitimate massage therapy establishments. She stated that the regulations allow the Planning Director to waive the 500 -foot location rule for a number of legitimate reasons. She additionally noted that she works with the Police Department and confirmed that there have been no specific identifiable problems with the other massage establishments in the area of the one recently approved. Volume 57 - Page 440 City of Newport Beach City Council Minutes October 11, 2005 Luana Farrar spoke in support of the applicant. Sam Lichenship spoke in support of the applicant. Shannon Byars, the applicant, provided information on her business and clientele, and stated that she has complied with all of the requirements of the City. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols K. PUBLIC COMMENTS John Nelson spoke in opposition to the initiative being circulated by Newporters for Responsible Government, and in support of representative government. Jerry Muller stated that the vast majority of the residents feel that the proposed design of the new City Hall is unsightly, although he did support a new City Hall. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC). Council Member Selich reported that GPUC would be meeting next on October 17, 2005, at 4:00 p.m. at the Central Library. Local Coastal Program Certification Committee. Council Member Ridgeway announced that the Coastal Commission hearing on the local land use plan would be held on October 13, 2005, at 8:00 a.m. in San Diego. Newport Coast Advisory Committee. No report. Mariners Joint Use Library Ad Hoc Steering Committee. Mayor Pro Tem Webb reported that work is now being done on the roof of the library. City Centennial 2006 Comrittee. Mayor Pro Tern Webb announced that the "Let's Do Launch" event on October 2, 2005, was a great community event attended by nearly 12,000 people. He stated that individuals wishing to volunteer for centennial events can obtain information at http: / /wwA,.newportbeacl) 100.com. City Council/Citizens Ad Hoc Committee for Marina Park Planning. Mayor Pro Tern Webb reported that the Marina Park Planning Committee has completed its task and referred the matter to the City Council. City Council Ad Hoc Marina Park Advisory Committee. No report. Committee sunsetted. M. CONTINUED BUSINESS 11. CODE AMENDMENT NO. 2005 -008 AMENDING TITLE 19 OF THE NBMC RELATED TO MINIMUM PARKING STANDARDS FOR THE CONVERSION OF A DUPLEX TO CONDOMINIUMS (PA2005 -168) [100 - 20051. Council Member Rosansky and Council Member Nichols recused themselves from voting on the item due to a conflict. Volume 57 - Page 441 City of Newport Beach City Council Minutes October 11, 2005 Assistant Planner Jaime Murillo described the proposed amendment, and stated that it would require that duplex conversions comply with current parking standards. The ordinance would go into effect 180 days from the date of adoption. Motion by Mayor Pro Tern Webb to approve Code Amendment No. 2005 -008 by adopting Ordinance No. 2005 -19 amending the Condominium Conversion Regulations of Title 19 of the NBMC to increase the minimum number of parking spaces required for the conversion of a duplex to comply with current standards. The motion carried by the following roll call vote Ayes: Council Member Selich, Mayor Pro Tom Webb, Mayor Heffernan, Council Member Ridgeway Noes: Council Member Daigle Abstain: Council Member Rosansky, Council Member Nichols 12. CITY HALL OPTIONS FOR PROJECT DELIVERY (contd. from 9/27/05) [351100- 2005]. Utilizing a PowerPoint presentation, Public Works Director Badum stated that there are three primary methods for the delivery of a project, and that the Design - Bid -Build method is the traditional method. He described its defining features and characteristics, and listed the pros and cons. Council Member Ridgeway pointed out that a bid is only as good as the design drawings. Public Works Director Badum described the defining features of the Design/Build method, as well as its characteristics. He also listed the pros and cons of using this method. Council Member Ridgeway noted that pro- active management, which was listed as one of the cons for the Design/Build method, could also be considered a pro. Public Works Director Badum described the defining features and characteristics of the Program Management at Risk method, how the method works, and its pros and cons. Additional information was provided and discussed on how a Guaranteed Maximum Price (GMP) would be implemented, and who would bear the unforeseen costs of a project. City Attorney Clauson provided more detailed information on GMP contracts and responded to questions. Public Works Director Badum provided a brief history on the selection process used when Griffin was selected as the company to perform the space needs assessment. He confirmed that staff feels that they could serve as the project manager, as well. City Manager Bludau further confirmed that staff is recommending that the Program Management at Risk method be used for the City Hall project. Council Member Ridgeway stated that the Design- Bid -Build method could probably be eliminated as an option, and City Attorney Clauson noted that the Design/Build method is more appropriate for smaller projects. Mayor Heffernan expressed dissatisfaction with the process used to select Griffin as the company to do the needs assessment, noting that they are in the business of Volume 57 - Page 442 City of Newport Beach City Council Minutes October 11, 2005 to building new buildings Public Works Director Badum listed the key factors to consider when making the choice on the method to use, and the estimated completion schedule of a new City Hall and the key issues of each alternative delivery method. James Ross, Public Works Director for the City of Santa Ana, presented his positive experiences in working with Griffin on three projects in Santa Ana. He also spoke in support of using the Program Management at Risk method for facility projects. Public Works Director Badum described the process and the costs that would be associated with selecting a program manager, other than Griffin. Mayor Heffernan questioned the opinion that City Hall needs to be completely replaced. City Manager Bludau and Council Member Ridgeway spoke in support of the need for a new City Hall and the process that has been conducted to date. It was decided that the City Council would vote on the project at their meeting of November 8 or 22, 2005. Laura Curran expressed concern that there is only one location and one design being considered, and stated that the fire station is driving the design. She suggested that other locations for City Hall and /or the fire station be considered. Dr. Jan Vandersloot agreed with the comments of Mayor Heffernan and also questioned working with Griffin. He stated that there are other alternatives to look at and, for several reasons, suggested that the project be delayed at this time. Mayor Heffernan recessed the meeting at 10:00 p.m. and reconvened at 10:16 p.m. with all Council Members present. 13. DESIGN FOR SANTA ANA HEIGHTS COMMUNITY CENTER [100 - 20051. Using a PowerPoint presentation, Assistant City Manager Kiff displayed the preliminary plans of the community center concept. He briefly discussed the budget issues, and stated that the next steps are completion of the design, permitting, agreements and funding. In response to questions by the Council, Assistant City Manager Kiff provided more information on the land purchase. He explained that redevelopment money will be used to make the purchase, with the City becoming the owner of the land and the community center. The City would manage the project and use the facility for City functions, with the YMCA managing the fitness components. Council Member Daigle stated that it's important that the facility meets the needs of the community and that input is received. Assistant City Manager Kiff reported that the next issue for Council consideration will be the operating agreement, and the purchase and sale agreement. 14. COASTAL COMMISSION STAFF REPORT ON THE COASTAL LAND USE PLAN [100 - 20051. Volume 57 - Page 443 City of Newport Beach City Council Minutes October 11, 2005 Senior Planner Patrick Alford stated that the updated coastal land use plan is going before the Coastal Commission on October 13, 2005. He provided information on the progress made with the Coastal Commission staff on a number of outstanding issues, which included oil and gas facilities, coastal bluffs and wetlands. Senior Planner Alford reported that the Coastal Commission consists of twelve individuals appointed by the Governor, the Assembly and the Senate. Senior Planner Alford confirmed that the City's website contains updated information on the Local Coastal Program. He further confirmed that the City Council will have the opportunity to review and vote on the final plan approved by the Coastal Commission. Council Member Nichols expressed concern that the plan being reviewed by the Coastal Commission is substantially different than what was approved by the City Council. It was explained that the City has no choice other than to continue negotiating with the Coastal Commission staff up to the time of the hearing and bring the final document back to the City Council for approval. Dr. Jan Vandersloot urged the City Council to accept the Coastal Commission modifications and recommendations, and stated that the Coastal Commission is only concerned that the City complies with the Coastal Act. 15. COUNCIL CONSIDERATION OF EXPANSION OPTIONS FOR PROPOSED CITY HALL STRUCTURE [351100- 2005]. Mayor Heffernan announced that Council Member Selich has taken his place on the Building Committee. Using a PowerPoint presentation, Rick D'Amato, LPA Associates, displayed the various design options that have been considered by the City Council. He also displayed the expansion options that have been considered and the growth potential incorporated into the various options. Council Member Ridgeway reported that the Building Committee is recommending that further expansion not be engineered into the existing building design of 72,000 square feet since there is already future potential for expansion with the existing design and it is unknown how future technology might affect space needs. Motion by Council Member Ridgeway to accept the recommendation of the Building Committee to not engineer the building for additional expansion. Dr. Jan Vandersloot agreed that the project should not be expanded further, but also felt that the project should be delayed at this time and other options looked at. 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 O. ITEMS REMOVED FROM THE CONSENT CALENDAR 6. BUCK GULLY- DETENTION BASIN AND GRADE CONTROL SYSTEM - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RBF Volume 57 - Page 444 City of Newport Beach City Council Minutes October 11, 2005 CONSULTING (C -3811) [381100-20051 Public Works Director Badum reported that the contract is for RBF Consulting to perform a study on Buck Gully. It is similar to what is being done in Morning Canyon, and is the first step in attempting to stabilize drainage and minimize erosion in the area. Council Member Nichols stated that the homeowners in the area need to be aware of the structure that is being considered. Public Works Director Badum confirmed that a public outreach program is a part of the scope of the contract. Motion by Mayor Pro Tern Webb to 1) approve a professional services agreement with RBF Consulting (RBF), of Irvine, California, for design and permitting services at a contract price of $415,157 and authorize the Mayor and City Clerk to execute the agreement; and 2) approve a budget amendment (06BA -019) appropriating $16,157 from General Fund 7014- C5100805 (Morning Canyon Stabilization Project) into Account No. 7014- C5100815. 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 NEWPORT BOULEVARD BIOSWALE - AWARD OF CONTRACT (C -3741) [381100-20051. Council Member Ridgeway reported that the contract is an attempt to prevent contaminated water from entering the Newport Island area. It was further explained that the contract was not required to go out to bid because it is a design contract. Motion _by Council Member Ridgeway to 1) approve the drawings and specifications; 2) award C -3741 to Belaire -West Landscape for the total bid price of $196,252 and authorize the Mayor and City Clerk to execute the contract; 3) establish an amount of $19,000 to cover the cost of unforeseen work; 4) establish an amount of $2,000 to cover the geotechnical testing; and 5) approve a budget amendment (06BA -021) transferring appropriations of $14,251.78 from General Fund 7014- C5100805 (Morning Canyon Stabilization Project) into Account No. 7014- C5100596. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols P. MOTION FOR RECONSIDERATION - None City Attorney Clausen provided information on the status of the Motion for Reconsideration that was voted on at the City Council meeting of September 27, 2005. Q. ADJOURNMENT -at 11:37 p.m. to October 25, 2005, at 3:00 p.m. Volume 57 - Page 445 City of Newport Beach City Council Minutes October 11, 2005 The agenda for the Regular Meeting was posted on October 5, 2005, at 2:50 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary A L44, Mayo � ( City Clerk Volume 57 - Page 446