HomeMy WebLinkAbout03/11/2008 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
March 11, 2008 — 7:00 p.m
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 4:30 p.m.
III. RECESS
rV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member
Webb, Council Member Curry, Council Member Gardner
Excused: Mayor Pro Tern Daigle
Vi. CLOSED SESSION REPORT - None
VII. PLEDGE OF ALLEGIANCE - Council Member Rosansky
VIII. INVOCATION - Reverend Dr. Dennis Short, Pastor, Harbor Christian Church,
President of Newport -Mesa Irvine Interfaith Council
D:. PRESENTATIONS - None
X. NOTI CET O. THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR_MATTERS WHIC13 COUN_C_.IL MEMBERS
WQULD LIKE _PLACED ON A. FUTURE AGENDA FOR DISCUSSION, ACT ION OR
REPORT (NON- DISCUSSIQN ITEMI:
Council Member Henn announced that the McFadden Square Memorial groundbreaking will
take place on Monday, March 17th at the Newport Pier. He also encouraged residents to buy
pavers to memorialize their family or make a donation of $250 to help pay for the project. He
thanked Council Member Curry for the invitation to the Mayors breakfast, which included a
speech from Tim Salmon of the Anaheim Angels.
Council Member Rosansky announced that Sunset Ridge Park will be discussed at the Study
Session of March 25th.
Council Member Gardner announced that there will be a community outreach meeting
on March 19th regarding Banning Ranch from 7 -9 pm in the Council Chambers. She also
announced that there will be a community outreach meeting on March 24th and April 6th in
the Council Chambers regarding Buck Gully and the erosion control plans.
Council Member Curry requested that staff prepare a study session report that will show the
sufficiency of City laws to prevent concentration of sex offenders.
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Mayor Selich reported that he attended the dinner at the Newport Balboa Rotary to honor
the 1(1 Marines who returned from Iraq. He read a proclamation that he presented to them.
Mayor Selich announced that on March 1st he attended the City Arts Commission annual
juried art show.
XII. CONSENT _CALENDAR
A. .. READING OF MINUTESIORDINANCES AND RESOL UTIONS
1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING
OF FEBRUARY 26, 2008. [100 -2008] 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.
B. ORDINANCE FOR INTRODUCTION
3. KENNELS IN WEST SANTA ANA HEIGHTS. ]100 -2008] Introduce
Ordinance No. 2008 -9 amending Title 7 and Title 20 of the NBMC pertaining
to the regulation of kennels, and pass to second reading on March 25, 2008.
C. RESOLUTIONS FOR ADOPTION
4. PROPERTY TAX EXCHANGE WITH THE COUNTY OF ORANGE FOR
THE SANTA ANA COUNTRY CLUB AND SOUTH OF MESA DRIVE
AREAS. [211100 -2008] Adopt Resolution No. 2008 -15 relating to a Property
Tax Exchange for the South of Mesa Drive area and Santa Ana Country
Club.
Council Member Webb registered a no vote on this item
5. ADOPTION OF A RESOLUTION RE- ESTABLISHING AN AD HOC
COMMITTEE FOR THE CITY HALL BUILDING AND MASTER PLAN
AND BUILDING OF OASIS SENIOR CENTER. (100 -2008] a) Adopt
Resolution No. 2008 -16 establishing an Ad Hoc Committee for the City Hall
Building and Master Plan and Building of OASIS Senior Center; and b)
confirm the Ad Hoc Committee appointments made on January 8, 2008:
Mayor Ed Selich and Council Members Henn and Rosansky.
D. CONTRACTS AND AGREEMENTS
6. AWARD CONTRACT ON BEHALF OF THE INTREGATED LAW AND
JUSTICE AGENCY FOR ORANGE COUNTY ( ILJAOC) FOR
IMPLEMENTATION OF A COURT ACCESS MODULE WITHIN THE
COUNTYWIDE SCHEDULING PROGRAM TO INTIME SOLUTIONS,
INCORPORATED (C- 8579). (381100 -2008] a) Award a contract in the
amount of $98,725 to provide licensing, support, and implementation services
for a Court Access Module, an enhancement to the current Countywide
scheduling component of the ILJAOC to InTime Solutions, Inc., the current
scheduling vendor with funding to be provided by the 2002 COPS Technology
Grant with no matching funds required; and b) authorize the Chief of Police,
on behalf of the ILJAOC Joint Powers Authority (JPA) and the City of
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Newport Beach, to execute a standard Professional Services Agreement
contract with InTime Solutions, Inc, as approved by the City Attorney's Office.
EXTENSION OF AGREEMENT WITH TRUGREEN LANDCARE, LLC
FOR LANDSCAPE MAINTENANCE OF BONITA CANYON SPORTS
PARK (C- 3616). [381100 -2008] Approve the agreement with TruGreen
Landcare, LLC for continued landscape maintenance of Bonita Canyon Sports
Park through August 29, 2008
8. SIDEWALK, CURB AND GUTTER REPLACEMENT FY07 -08 (C -3974) -
AWARD OF CONTRACT. 1381100 -20081 a) Approve the project plans and
specifications; b) award C -3974 to Olivas Valdez Inc. for the total bid price of
$736,133.50, and authorize the Mayor and the City Clerk to execute the
contract; and c) establish $61,766.50 (8.7% of low bid) to cover the cost of
unforeseen work.
9. HUMAN RESOURCES TRAILER SITE IMPROVEMENTS (C -3987) -
COMPLETION AND ACCEPTANCE. 1381100 -20081 a) Authorize the
completed contract work; b) authorize the City Clerk to file a Notice of
Completion; c) 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 d) release the Faithful
Performance Bond one year after Council acceptance.
10. SUPERIOR AVENUE MEDIAN IMPROVEMENTS (C -3794) -
COMPLETION AND ACCEPTANCE. 1381100 -20081 a) Authorize the
completed contract work; b) authorize the City Clerk to file a Notice of
Completion; c) 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 d) release the Faithful
Performance Bond one year after Council acceptance.
11. DOLPHIN DEEP WATER WELL REHABILITATION '(C -3978) -
COMPLETION AND ACCEPTANCE. [381100 -20081 a) Authorize the
completed contract work; b) authorize the City Clerk to file a Notice of
Completion; c) 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 d) release the Faithful
Performance Bond one year after Council acceptance.
12. RETIREE MEDICAL PROGRAM (C -568). 1381100 -20081 Continue to
March 25.
E. MISCELLANEOUS
13. APPROVAL OF BUDGET AMENDMENT TO PURCHASE PROJECT
MANAGEMENT SOFTWARE FROM CYCOM DATA SYSTEMS,
INC. [100 -2008] a) Approve a budget amendment (08BA -052) in the
amount of $12,035 from General Fund unappropriated surplus fund balance;
and b) authorize the City Attorney to enter into a License Agreement with
Cycom Data Systems, Inc. for project management software developed
specifically for the City Attorney's Office.
14. COUNCIL REVIEW OF LIBRARY DIRECTOR AND RECREATION
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AND SENIOR SERVICES DIRECTOR JOB ADVERTISEMENTS. [100-
2008] Receive and file.
15. INFORMATION TECHNOLOGY JOB TITLES AND COMPENSATION
CHANGES. 1100 -20081 Approve the City Manager's recommendation to
change job titles and compensation for certain information technology
positions as listed in the staff report.
16. RECLASSIFICATION OF GEOGRAPHIC INFORMATION SYSTEMS
(GIS) ANALYST POSITION IN PLANNING DEPARTMENT TO
PLANNING SYSTEMS ADMINISTRATOR. 1100 -20081 Approve the City
Manager's recommendation to reclassify one position in the Planning
Department from Geographic Information Systems (GIS) Analyst to a newly
created classification of Planning Systems Administrator, and establish the
salary.
Motion by Council ..Memher. Webb to approve the Consent Calendar, noting Council
Member Webb's no vote on Item 4; Mayor Selich's request that Item S21 be considered with
Item 18; and continuance of Item 12 to the March 25th meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member
Webb, Council Member Curry, Council Member Gardner
Absent: Mayor Pro Tem Daigle
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR -None
)UV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Curry announced that there will be a Finance Committee meeting on March
12th at 2:30 p.m.
XV. PUBLIC COMMENTS
Louise Fundenberg, President of the Central Newport Beach Community Association, thanked
Council and the General Services Department for the landscaping under the Star Pine at
Medina and Balboa.
Dianna Pfaff - Martin asked Council to consider making Newport Beach a no smoking city and
urged Council and residents to join the No- Smoking Coalition.
XVI. PLANNING COMMISSION AGENDA AND ORAL STATUC3 REPORT
17. PLANNING COMMISSION AGENDA FOR MARCH 6� 2008. [100 20081
Planning Department Director Lepo reported on the following items: Peter Ferrarini
Residence (PA2007 -214) - 201 Crystal Ave; Hoag Memorial Hospital (PA2007 -073) -
One Hoag Drive; and Fury Rok & Roll Sushi Lounge - 4221 Dolphin Striker Way.
XVII. CONTINUED BUSINESS
18. CONFIRMATION OF APPOINTMENTS TO THE CITY HALL DESIGN
COMMITTEE. 1241100 -20081
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521. AMENDMENT TO RESOLUTION THAT ESTABLISHED THE CITY HALL
DESIGN COMMITTEE. 1291100 -20081
Mayor Selich reported that 24 applications were received (three landscape architects
and 21 architects). He noted that he would like the item continued to the next
meeting to allow for more time to conduct interviews.
Allan Beek believed that planning for the new City Hall is premature until it is
known where the building will be and he noted that Measure B is tied up in court.
City Attorney Clauson stated that The Irvine Company has agreed to change the
restrictions on the site and the CIOSA agreement does not prevent Council from
building on the property. She said the status of Measure B does not affect the
decision to build City Hall on the park site.
Richard Tanzer, Vice President of National Cat Society, stated that he did not realize
that Item 3 (Kennels in West Santa Ana Heights) was already introduced.
City Attorney Clauson suggested that since there was action already taken on the
introduction of the ordinance, that the speaker discuss the issues with the Police
Department and if he still needs to address Council, he will be able to at the March
25th meeting prior to the adoption of the ordinance.
Motion by Council Member Webb to continue agenda items 18 & S21 to the March
25th meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council
Member Webb, Council Member Curry, Council Member Gardner
Absent: Mayor Pro Tem Daigle
19. MARINA PARK CQNCEPT.PLAN.- SIZE AND HEIGHT OF COMMUNITY
CENTER_.ANP ,HEIGHT OFSAILING_ CE NTER_R[_Ey_ISED_.TITLE- &
ACTIONI. (731100 -20081
Assistant City Manager Kiff reported that the committee consisting of three Council
Members and nine community members brought this item back during the design
phase because of issues that residents are concerned about. The key issues are the
building size and height of the community center, the height of the sailing center, and
whether the community center will be used at the site.
Louise Fundenberg urged Council to limit the height of the community center and
sailing center to 35 feet.
Ernie Bakenie voiced concerns about the height of the structures.
Larry Porter stated that he campaigned against Measure L, in order to make the area
• park and now the plan is to have cement structures which violates the spirit of what
• park is supposed to be.
Kathleen Callahan stated that when they voted it was a choice between a hotel and
a park and she had no concept that there would be a huge structure there.
Dr. Jan Vandersloot, representing SPON, requested that Council postpone
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XVIII.
the consideration of a community center at Marina Park because if the City retains
the City Hall site it can be used as a community center instead.
Tom Billings, Protect Our Parks, stated that his organization is responsible
for Marina Park and the concept plan was developed with a vision of tot lots, a Girl
Scout building, basketball courts, an aquatics /sailing center, and a community
center. He pointed out that they surveyed the community and the results were that
they wanted to have a community center at this location.
In response to Council Member Henn's question, Mr. Billings stated that the concept
plan was explained to many groups and what he thinks has happened is that now that
people can see what the building will look like, they are concerned about the size. He
also indicated that there has been adequate public outreach.
Mayor Selich stated that the project has been in the works for a long time and
the public has been noticed and invited to weigh in on different issues. He suggested
that Council accept the park concept plan and recommended that the height
be lowered to 35 feet in the Shoreline Height Limitation Zone with an exception to
allow the height to exceed 35 feet for architectural features.
In reponse to Council Member Gardner's question, Mayor Selich stated that there are
no functional elements that would be affected if the building is reduced to 35 feet in
height.
Council Member Webb clarified that the building does not take up the site in volume
and stated that they worked hard to set the building away from the street to allow for
views. He also stated that the structural and architectural features are very
important and that the interest in character is his concern, not the height.
Council Member Curry noted that the community center will have tremendous use
and it will serve a purpose, unite the community, and is appropriate for the
Peninsula.
Council Member Henn expressed support for Mayor Selich's recommendation and
clarified that the survey showed overwhelmingly that the community center and
sailing center are desired features. He believed that the building height should be
reduced and suggested that staff re -check the sailing center program to make sure
that the reduction in height will not cause problems. He is confident that the project
will not be bigger or taller than it needs to be, but would allow for architectural
interest and features.
Motion by Mayor Selich to reduce the height of the community center and sailing
center to 35 feet in the Shoreline Height Limitation Zone and allow the height
limitation to be exceeded for architectural features only.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council
Member Webb, Council Member Curry, Council Member Gardner
Absent: Mayor Pro Tem Daigle
20. UPPER BAY DREDGING.- .UPDATE ON FUNDING AND CONSTRUCTION.
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Assistant City Manager Kiff utilized a PowerPoint presentation to provide an update
on the dredging of the Upper Bay which included: what is the purpose of the project,
maps, features, photos, the project status, funding history, funding shortfall,
alternatives to keep the project going, and other issues. He reported that the project
shortfall amount is $13,850,000 and that in order to keep the project going the City is
working on getting more Federal dollars because the locals have met their match
through State bond funds. He also discussed why a city loan, reprogramming and
demobilization wouldn't work for this project. He noted that Phase II costs are rising
due to an increase in the cost of fuel.
In response to City Manager Bludau's question, Assistant City Manager Kiff stated
that they have looked at mitigation funds to help with the dredging. The money is
usually spent on areas closer to Los Angeles, but it is still an option. The decision for
demobilization will need to be made in May or June, which is why they are pushing to
save it.
Council Member Curry noted that the City has good delegation support in obtaining
funding, but budget constraints and priorities in Washington, D.C. are a problem.
XDC MOTION.FOR RECONSIDERATION -None
XX. ADJOURNMENT- 8:22 p.m - In memory of Gail Kirwan and Gary Proctor to 3:30
p.m on Tuesday, March 25, 2008.
The agenda for the Regular Meeting was posted on March 5, 2008, at 2:40 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 March 7, 2008, at 11:20 a.m.
on the City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building. The revised agenda for the Regular Meeting was posted on March 7, 2008, at 11:20
a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
Mayor
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