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HomeMy WebLinkAbout01/23/2007 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 23, 2007 — 7:00 p.m STUDY SESSION - 4:00 p.m. CLOSED SESSION - 6:20 p.m. A. RECESSED AND RECONVENED AT 7.00 P.M. FOR REGULAR MEETIN G B. ROLL CALL Present: Council Member Henn, Council Member Curry, Mayor Pro Tem. Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGUNCE - Council Member Webb E. INVOCATION - Reverend Dr. Lydia Sarandan, St. Andrews Presbyterian Church F. PRESENTATIONS Distinguished Speakers Series 10th Anniversary. Jason Sherr, Vice President, Newport Beach Library Foundation and Chair of the Distinguished Speakers Series spoke about the upcoming Distinguished Speakers Series 10th Anniversary event and provided information on the five featured speakers for this year's series. For further information call Tracy Keyes, Executive Director at 949 - 717.3890, Mr. Sherr at 949 - 955 -7540 or visit the foundation website. 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 Henn offered his support for the McFadden Square Memorial and encouraged everyone in the City to consider supporting the effort. Interested individuals can make their contributions through the website. Council Member Curry said that Restaurant Week has been a great success and hoped that residents would take advantage of this opportunity to support these local businesses. Council Member Webb attended the Newport Coast Elementary School DA.R.E graduation last week and thanked the school district and police department for continuing this worthwhile program. Council Member Daigle asked that in accordance with City Council Policy D -3 the Council Volume 58 - Page 21 City of Newport Beach City Council Minutes January 23, 2007 schedule a study session to review and update the Council's policy manual. Council Member Gardner asked staff to provide to the Council on February 13 a report on the transient occupancy tax allocation percentage from the Crystal Cove Cottages to discuss allocations to the Crystal Cove Alliance for rehabilitation of more cottages in order to secure additional transient tax. She further requested that staff provide a proposal to phase out two - stroke engine leaf blowers at the city staff level and eventually, citywide. She attended the Tsunami workshop during which excellent information was imparted to residents who provided good feedback. Council Member Webb agreed that the City should support rehabilitation of the Crystal Cove Cottages. Mayor Rosansky attended the Boat Parade Awards Dinner at the Balboa Bay Club last week and congratulated boaters who won awards. I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF JANUARY 11, 2007. 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 INTRODUCTION 3. ORDINANCE AMENDING SECTION 7.20.010 OF TITLE 7 PERTAINING TO ANIMAL NUISANCE [100 - 2007]. Introduce Ordinance No. 2007 -land pass to second reading on February 13, 2007. CONTRACTS 4. NEWPORT SHORES ALLEY REPLACEMENT - AWARD OF CONTRACT (C- 3722). [100 -2007] 1) Approve the plans and specifications; 2) award the contract (C- 3722) to Nobest, Inc. for the total bid price of $1,100,000, and authorize the Mayor and the City Clerk to execute the contract; and 2) establish an amount of $110,000 to cover the cost of unforeseen work. 6. SUPPLEMENTAL MEMORANDA OF UNDERSTANDING (MOU) REGARDING RETIREE MEDICAL PROGRAM (MERP) WITH CITY EMPLOYEES ASSOCIATION (C- 2059), FIRE MANAGEMENT ASSOCIATION (C- 2946), FIREFIGHTERS ASSOCIATION (C- 2060), EMPLOYEES LEAGUE (C -2065) AND PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION (C-2051).1100-2007] Approve and authorize the Mayor to execute the Supplemental Memoranda of Understanding (SMOUs). 7. BACK BAY SCIENCE CENTER: BUDGET AMENDMENT, AUTHORIZATION FOR CONTRACT AMENDMENTS. 1100 -2007] 1) Approve Amendment No. 1 to the Construction Management at Risk Agreement with Douglas E. Barnhart, Inc., (C -3460) increasing their compensation by $239,815 (with up to $100,000 of that Volume 58 - Page 22 City of Newport Beach City Council Minutes January 23, 2007 pending Admin Wing authorization) and authorize the Mayor and City Clerk to execute the Amendment; 2) approve Amendment No. 3 to the Professional Services Agreement with Ron Yeo, FAIA, Architect, (C- 34810))) increasing his compensation by $64,000 and authorize the Mayor and City Clerk to execute the Amendment; 3) approve Amendment No. 4 to the Professional Services Agreement with Gail P. Pickart, P.E., (C- 3481(F)) increasing his compensation by $34,520 and authorize the Mayor and City Clerk to execute the Amendment; 4) authorize the City Manager to enter into a contract with the State of California or its Department of Fish and Game (C- 3481(G)) to accept $800,000 for the design, construction, construction management, and contingency for the Back Bay Science Center's Administration Wing, provided that the contract fully compensates the City and its contractors for design and construction management; 5) authorize the City Manager or his designee to execute or amend any construction trades and consultants' contracts reflecting the Administration Wing Project, provided that costs do not exceed $800,000 in total costs (contingency, trades, consultants) for the Wing; 6) authorize the City Manager or his designee to execute or amend any construction trades or management contract requested by the County of Orange for change orders to the Water Quality Lab Wing, provided that such change orders are approved by the County Board of Supervisors, fully funded by the County and contain a 15% management fee to compensate the City and its contractors; 7) direct the City Manager to seek reimbursement by the BBSC partners for their share of osprey delay costs and additional design or construction management costs, where such costs are not covered in change orders or new contracts; and 8) approve a budget amendment (07BA -040) that does the following: a) appropriates $1,082,358 from the unappropriated Tide and Submerged Lands Fund or General Fund Reserves to Account No. 7457 - 00310600 (BBSC) [$800,000 of these funds shall only be appropriated if the City reaches an agreement with the State or DF &G to accomplish the Admin Wing]; b) creates contribution obligations back to the Tide and Submerged Lands Fund or General Fund of $800,000 from the State of California or its Department of Fish and Game for the BBSC Administration Wing (and related costs) and up to $159,213 from the County of Orange for change orders, osprey delay share, and management fee; and at least $88,707 from the BBSC's contingency account. Mayor Pro Tem Selich noted that he doesn't feel the cost overruns by the consultants are justified, however it would cost more not to approve this since the consultants have indicated they won't do the additional work that has been funded by Fish and Game without it. Council Member Curry concurred. 8. NEWPORT BOULEVARD BIOSWALE - COMPLETION AND ACCEPTANCE OF CONTRACT (C -3741). [100 -2007] 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 (1) year after Council acceptance; and 5) approve a budget amendment (07BA -039) appropriating $26,000 from the unappropriated General Fund balance to 7014- C5100596 to cover extra costs to the project. 9. POLICE FACILITY PERIMETER SECURITY FENCE - AWARD OF CONTRACT (C- 3861). [100 -2007] 1) Approve the plans and specifications; 2) award the contract (C -3861) to Lightning Fence Co. for the total bid price of $387,000 and authorize the Mayor and the City Clerk to execute the contract; and 3) Volume 58 - Page 23 City of Newport Beach City Council Minutes January 23, 2007 establish an amount of $38,700 to cover the cost of unforeseen construction expenses. 10. OPERATING AGREEMENT FOR NEWPORT RIDGE PARK. (100 -2007] Continue to February 13, 2007. 11. PURCHASE OF 2007 JUNIOR LIFEGUARD PROGRAM UNIFORMS (C- 3906): [100 -2007] Award the 2007 City of Newport Beach Junior Lifeguard Program uniform contract to Quiksilver/Roxy for the total cost of $150,100 (excluding tax). 12. MEMORANDUM OF UNDERSTANDING WITH POLICE EMPLOYEES ASSOCIATION. [100 -2007] Approve and authorize the Mayor and City Clerk to execute the Memorandum of Understanding (MOU) with the Police Employees Association for the period of January 1, 2007 through December 31, 2009. MISCELLANEOUS 13. APPOINTMENT TO THE COASTAL -BAY WATER QUALITY CITIZENS ADVISORY COMMITTEE. [100 -2007] Appoint Ray Halowski as the designee of District #1 Council Member Mike Henn to the Coastal -Bay Water Quality Committee, effective immediately. 519. MEMORANDUM OF UNDERSTANDING WITH POLICE MANAGEMENT ASSOCIATION (C- 2932). [100 -2007] Approve and authorize the Mayor and City Clerk to execute the Memorandum of Understanding (MOU) with the Police Management Association for the period of January 1, 2007 through December 31, 2009. Motion by Mayor Pro Tern Selich to approve the Consent Calendar, except for the item removed (5) and the continuance of Item 10. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tom Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner J. ITEMS REMOVED FROM THE CONSENT CALENDAR b. SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER AWARD OF CONTRACT (C-3852).[100-20071 In response to Council Member Gardner, Fire Chief Lewis explained that currently the Fire Department trains in Huntington Beach. He explained how the new training tower will function and confirmed that the bulk of the costs of the current facility will be subsidized by outside agencies. He felt it was essential for the training facility to be located inside the City to meet the training needs of the department. He indicated that the new fire station should be completed in about six to seven months, as well as the training tower. Motion by Mayor Pro Tern Selich to 1) approve the plans and specifications; 2) award the contract (C -3852) to Nielsen Building Systems, Inc. for the total bid price of $863,770 and authorize the Mayor and the City Clerk to execute the contract; 3) Volume 58 - Page 24 City of Newport Beach City Council Minutes January 23, 2007 establish an amount of $86,400 to cover the cost of unforeseen construction expenses; and 4) approve a budget amendment (07BA -038) appropriating $210,170 from the unappropriated General Fund balance to 7011- C2320715. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner K. PUBLIC HEARING 14. CODE AMENDMENT 2006 -008 - APPEAL PROCEDURES (PA 2006 -257) - AMENDMENT TO REVISE APPEAL PROCEDURES TO ALLOW A SINGLE CITY COUNCIL MEMBER TO APPEAL DECISIONS OF THE ZONING ADMINISTRATOR, PLANNING DIRECTOR AND PLANNING COMMISSION. [100 -2007] Assistant City Manager Wood reported that the amendment changes the appeal procedures so that only one Council Member is needed to appeal a decision of the Planning Commission, Zoning Administrator or City Council. Further, this amendment deletes the exception to the 14 -day appeal period so that the 14 -day appeal period would apply to the City Council as it does to the general public. Mayor Rosansky opened the public hearing, and hearing no comment, closed the public hearing. Motion by Council Member Webb to introduce Ordinance No. 2007 -2 approving Code Amendment No. 2006 -008 and pass to second reading on February 13, 2007. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner L. PUBLIC COMMENTS Edward Romeo, President, Friends of OASIS, reported on the membership of the senior center and the usage of the facility. The current building was not designed for the current and future needs of the seniors. He provided Council with a copy of the facilities' needs assessment report and asked Council to allocate sufficient funds in the 2007 -2008 budget to retain an architect to draw up a senior facility working plan based on the needs assessment as well as staffs recommendations and preliminary architectural rendering. Public Works Director Badum reported that the architects are currently under consideration and staff will present the Council with a formal recommendation at a future meeting. The architects will take the needs assessment and look at the program and building needs to come up with a concept. Evelyn Hart, Friends of OASIS, said it was exciting to learn that the City Council was close to selecting an architect. The Board of Directors will assist and support the city in a kickoff event to raise funds for amenities. She has kept in touch with the Friends Advocacy Volume 58 - Page 25 City of Newport Beach City Council Minutes January 23, 2007 Committee and staff who are dedicated to this continuing process Council Member Curry stated that the OASIS Senior Center is his top priority as the long range capital plan is put together. Max Liskin said that in June 2004 the City made it impossible for residents in the R -1 zone to obtain short -term rental agreements. He expressed concern about how residents were notified of the changes and said he felt there was selective noticing. He felt that it was valuable to residents to be able to rent their dwellings on a short -term basis and asked Council for reconsideration of this matter. Rochelle and Jeff Meyers said they were shocked and disappointed to learn that the residence next to their home was recently purchased for the intention of turning it into a rehab home. Another rehab home already exists across the alley from their home and because they were not informed about the existing establishment when they moved into their home they have had to deal with issues related to the facility. She asked the Council to not allow the opening of the rehab facility at 1217 West Bay. Mayor Rosansky said that although the City Council is sympathetic to the speaker's concerns, these facilities are regulated by the state and the Council has no authority. However, due to community concerns, the City Council is tonight considering action to establish an intense residential occupancy committee to look at these issues. In addition, the City will host a conference on March 2nd to listen to concerns about these types of facilities and the public is encouraged to attend. Lori Morris referred Council to a letter dated January 12, 2007 from the West Newport group "Citizens to Protect the Peninsula" requesting all pertinent information and conflict of interest documents having to do with potential conflicts of interest regarding rehabilitation facilities. As of today there has been no acknowledgment of this request. She noted that there are 112 facilities in a 1.5 mile radius. Denys Oberman said she had verified with other agencies that the City can regulate rehabilitation facilities uses, particularly with respect to licensed treatment facilities that house seven or more residents. She requested that an immediate three -year moratorium be instituted to provide residents immediate relief. Gerald Chapman said his mother lives across from the proposed facility and she is scared to death about such a facility being located so close to her home. He hoped the Council would immediately respond to the problem because if four out of seven do not do something positive about this concern he would work to see that they are removed from their positions. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Pro Tem. Selich reported that the General Plan Implementation Committee held its first meeting on January 17th and is moving forward with an ambitious schedule. The next meeting is scheduled for January 31st in the Council Chambers. Council Member Daigle announced that the first meeting of the Finance Committee is scheduled for February 12th. Council Member Curry stated that the first meeting of the 1/1 Memorial Committee would be held on Thursday in preparation for designing a suitable memorial for the Marines. Volume 58 - Page 26 City of Newport Beach City Council Minutes January 23, 2007 N. CONTINUED BUSINESS 15. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION. 1100 -20071 With Council Member Gardner voting for Timothy Stoaks and the remaining voting for Bradley Hillgren, Bradley Hillgren was appointed to fill the vacancy on the Planning Commission, which was created as a result of the election of Michael Henn to the City Council. 16. APPOINTMENTS BY THE MAYOR TO THE CITY COUNCILICITIZENS AD HOC COMMITTEE ON MARINA PARK DESIGN AND ALTERNATES TO JOINT GOVERNMENT COMMITTEES. [100 -20071 Motion by Mayor Pro Tem Selich to direct staff to bring a resolution back to Council amending the composition of the committee and confirm the following appointments as recommended by the Mayor: City Council/Citizens Advisory Committee on Marina Park Design - Mayor Pro Tem Selich, Council Member Webb, Protect Our Parks Member Tom Billings, Harbor Commissioner John Corrough, Sailing or Rowing Organization Designee Billy Whitford, and Neighborhood Representative Designee Grace Dove; and Orange County Council of Governments (OCCOG) - Council Member Nancy Gardner (Alt.); and Southern California Association of Governments (SCAG) - Mayor Pro Tem Edward Selich (Alt.). The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner O. CURRENT BUSINESS 17. TRAFFIC SIGNAL MODERNIZATION — PHASE 1 DESIGN — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC. [100 -20071 Public Works Director Badum reported that this item was brought to the Council to consider a professional services agreement with Iteris, Inc. for Phase I design of the Traffic Signal Modernization for a contract amount of $263,215. Two- thirds of the funding comes from the current Measure M program and future funding may come from the Measure M program just approved in November. During the first phase staff intends to look at a system to update the controller at City Hall and consider possible upgrade measures to 21 signalized intersections along MacArthur Boulevard, Coast Highway, Corona del Mar, etc. Future phasing depends on what kind of funding is available and staff would attempt to move the project along as quickly as possible and leverage the funds. Staff selected a firm that provides hardware and software solutions and proposes to engage a traffic signal consultant to identify what is needed to implement the citywide system. In response to Council Member Curry, Public Works Director Badum reported on what the public can expect to experience once the various projects are operating. He noted that the system will be flexible so that changes can be made and how adjustments can be made on the fly to correct situations or for special events, evacuations, etc. Public Works Director Badum responded to Council Member Daigle that staff Volume 58 - Page 27 City of Newport Beach City Council Minutes January 28, 2007 wanted to make certain there was expansion capability to allow for future technology. Public Works Director Badum reported that currently there are 105 intersections and if the City eventually takes over the rest of Coast Highway it would add another 20 intersections. Until the traffic engineer has had an opportunity to make a detailed inspection of the current system it would be difficult to estimate a dollar amount, however it could definitely be in the millions of dollars over a period of time. Public Works Director Badum indicated to Council Member Henn that he felt the availability of dollars would be the most important ingredient and the timing of the project would be dependent on the funds. The current estimates indicate a five or six phase project that could run over the next five or six years. However, if additional funding becomes available the process could be accelerated. Caltrans has indicated a willingness to work with the City to move the project forward and work with the City on the intersections they control. Public Works Director Badum indicated that the traffic engineer would be looking at a revamp of the system citywide with built -in flexibility to accommodate current and future technology. At some point someone would have to look at all 125 current signal systems and make a decision about whether they would have to be replaced. Council Member Daigle asked if the engineer would look at costs versus effectiveness of leased and private systems and Public Works Director Badum responded that staff would propose to keep all options open and consider what would be most cost effective and make the most sense. Mayor Pro Tem Selich noted that an upgraded system could cost as much as $13 million or between $2 and $3 million annually over the next 5 years. Mayor Rosansky wanted to know how staff determined Econolite had the best system. Public Works Director Badum responded that staff met with several firms, some of which provided hardware solutions and other companies that provided software solutions and ultimately felt that ECOIIOlite offered the best overall long- term service and best flexibility. The City's current system is no longer being built and systems being designed today are using the same platform. Mark Abrams asked if Council considered opening the project up to the open bid process. Public Works Director Badum reiterated that before staff could determine costs the City would need to assess the current system and determine what it would take to upgrade that system to current and future standards and capabilities. He explained that this is more like a professional services contract. Motion by Council Member Webb to approve a Professional Services Agreement with Iteris, Inc. of Anaheim for design of the Traffic Signal Modernization — Phase 1 at a contract price of $263,215 and authorize the Mayor and City Clerk to execute the Agreement. The motion carried by the following roll call vote: Volume 58 - Page 28 City of Newport Beach City Council Minutes January 23, 2007 Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner 18. RESOLUTION RELATING TO THE FORMATION OF THE INTENSE RESIDENTIAL OCCUPANCY COMMITTEE (A CITY COUNCIL - CITIZENS ADVISORY COMMITTEE); BUDGET AMENDMENT FOR RESIDENTIAL RECOVERY FACILITIES CONFERENCE. 1100-20071 City Attorney Clauson reported that for the past several months the Council has heard from the public about problems residents are experiencing with the increase in residential care facilities that cater to recovering alcoholics and drug addicts. As a result, the Mayor recommended formation of an advisory committee to allow the residents an opportunity to express their concerns and give the Council a chance to see the impact the facilities are having on the community. The committee would provide more detailed information about the City's legal constraints and parameters when working with these types of facilities. Staffs recommended action is for the Council to form a committee consisting of two Council Members, one Planning Commissioner, one member of the Board of Realtors, one resident representing the West Newport Beach Association, one resident representing the Central Newport Beach Community Association and two at -large citizen representatives. She reviewed the duties and responsibilities of the committee. Secondly, the request includes a budget amendment of $20,000 to support the public agency conference to be held on March 2nd. Mayor Rosansky explained that the local initiative was intended to remove the conversation from the City Council meeting and provide a public forum for residents to consider proliferation of these types of facilities. The ultimate goal of the state initiative (the March 2nd conference) is to motivate cities to seek their legislator's support for more stringent guidelines. City Attorney Clauson announced that Senator Harman will hold a town hall meeting on February 22 to provide residents and cities an opportunity to impart information regarding impacts of these facilities. Council Member Curry thanked Mayor Rosansky for his leadership and efforts in putting together this important conference. He, his colleagues and elected officials understand the public's concerns and are very mindful that these facilities are federally regulated. Council Member Henn said the City needs to focus on what can be done at the local level and need to know for sure what the limits are. City Attorney Clauson advised that staff is looking at potential changes to the current regulations. She said staff is working to get some control and also looking at the potential for some kind of a timeout with ADP or within the City. Lori Morris hoped the city would be successful in implementing more stringent regulations for these facilities. She recommended that the city publish criteria for individuals allowed to serve on the committee and not include individuals who might in any way profit from these facilities. She submitted her name for committee membership. Mayor Rosansky asked interested individuals to submit their applications with the Volume 58 - Page 29 City of Newport Beach City Council Minutes January 23, 2007 City Clerk's office by Friday, February 9 and asked the City Clerk to publish the matter. Ken Kuhlman questioned when the first committee meeting would be held, as well as who would serve on the committee. Motion by Mavor Rosansky to 1) adopt Resolution No. 2007 -5 forming the Intense Residential Occupancy Committee (a City Council- Citizens Advisory Committee subject to the Ralph M. Brown Act); and 2) approve a budget amendment (07BA- 041) appropriating $20,000 from unencumbered General Fund reserves to the City Council's 8100 Account for the March 2, 2007 Residential Recovery Facilities Conference for local public officials. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner P. MOTION FOR RECONSIDERATION - None Q. ADJOURNMENT - 8:30 p.m. in memory of John Crean The agenda for the Regular Meeting was posted on January 17, 2007, at 3:00 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 January 19, 2007, at 2:20 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 64 .� Rertnrdino Cwrra4mry City Clerk Volume 58 - Page 30