HomeMy WebLinkAbout03/25/2008 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
March 25, 2008 — 7:00 p.m.
I. STUDY SESSION - 3:30 p.m
II. CLOSD_SESSION - 6:15 p.m.
III. RECESS
IV. RECONVENED AT 7:10 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich,
Council Member Webb, Council Member Curry, Council Member Gardner
VI. CLOSED SESSION REPORT
City Attorney Clauson reported that Council will reconvene into Closed Session at the end of the
meeting.
VII. PLEDGE OF ALLEGIANCE - Council Member Gardner.
VIII. INVOCATION - Dr. John A. Huffman, Jr., St. Andrews Presbyterian Church
!!:!
Library Foundation Presentation of a Check - Newport Beach Public Library Foundation
President Tom Edwards presented Library Services Director Katsouleas and Mayor Selich with a
check for $293,000.
Presentation of Trees to the City Council by the Rotary Club - Rotary Club Members Bill
Hossfeld and Peter Smith, Chairman of Arbor Day, presented Council with Mayten trees to
commemorate the 40 years that the Rotary Club has been giving trees to third graders in Newport
Beach and Costa Mesa.
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION
REPORT &ON- DISCUSSION ITEM):
Council Member Henn reported that he attended the lifeguard tryouts last Sunday. He discussed
the importance of lifeguards and beach safety.
Council Member Henn reported that Council conducted the groundbreaking for the McFadden
Square Centennial Legacy Project and announced that there is still time to donate to the project.
Council Member Henn announced that April is Autism Awareness Month.
Volume 58 - Page 431
City of Newport Beach
City Council Minutes
March 25, 2008
Council Member Rosansky requested a staff report on the status of discussions with Caltrans
relative to acquiring Coast Highway. He suggested that a Council committee be formed to oversee
the process.
Mayor Pro Tem Daigle announced that she attended the Flashlight Easter Egg Hunt at Bonita
Creek Park last week.
Council Member Gardner requested a staff report to implement a task force consisting of EQAC
and General Plan Implementation Committee members to work on green building requirements
and the new CEQA requirements relative to global warming.
Mayor Selich reported that, on March 13, he attended a "School Saluting History" ceremony at
Corona del Mar High School to honor veterans. He discussed the project and reported that
students also visit Long Beach Veteran's Hospital during the holiday to deliver presents.
Mayor Selich reported that he attended the Police Appreciation Breakfast last week.
)[H. CONSENT CALENDAR
A. READING OF MINUTES/ORDINANCES AND RESOL TU IONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING
OF MARCH 11, 2008. [100 -20081 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 ADOPTION
3. KENNELS IN WEST SANTA ANA HEIGHTS. 1100 -20081 Continue to the
April 22, 2008 City Council meeting for re- introduction.
C. RESOLUTIONS FOR ADOPTION
5. AMENDMENT TO RESOLUTION NO. 2006 -84 AND RENEWED
AUTHORIZATION TO ENTER INTO CONTRACTS WITH THE STATE
WATER RESOURCES CONTROL BOARD FOR TMDL - RELATED WATER
QUALITY STUDIES. [381100 -20081 a) Adopt Resolution No. 2008 -17 amending
Resolution No. 2006 -84 authorizing the City Manager to enter into Water Quality
Studies relating to Newport Bay's TMDLs, including specifically a Metals - related
Storm Drain Study with the State Water Resources Control Board; and b) approve
a budget amendment (08BA -054) accepting up to $70,000 from the State Board for
the expansion of the Metals - Related Storm Drain Study.
6. RESOLUTION RELATING TO SUPPLEMENTAL PAY FOR CITY
EMPLOYEES WHO ARE U.S. SERVICE MEMBERS SERVING IN IRAQ OR
AFGHANISTAN. 1100 -20081 Adopt Resolution No. 2008 -18 repealing Resolution
No. 2001 -84 and ensuring that City staff members serving overseas in the U.S.
Military can receive Supplemental Pay through the end of their deployment.
7. RESOLUTION AUTHORIZING ACCEPTANCE OF DONATIONS FOR THE
BACK BAY SCIENCE CENTER'S TEACHING LAB INTERIOR
IMPROVEMENTS AND FURNISHING. 1100 -20081 Adopt Resolution No.
Volume 59 - Page 432
City of Newport Beach
City Council Minutes
March 25, 2008
2008 -19 authorizing the City Manager to accept, invest, and expend funds in
accordance with the City's investment policy which are donated from various
sources (private individuals, corporations, non - profits, and state agencies) for the
interior of the Back Bay Science Center's teaching lab.
D. CONTRACTS AND AGREEMENTS
8. CLIFF DRIVE PARK STAIRWAY AND HANDRAIL REPLACEMENTS (C-
3795) - COMPLETION AND ACCEPTANCE OF CONTRACT. (381100 -20081
a) Accept the completed project 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 1 year after Council acceptance.
9. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR THE
PREPARATION OF SCHEMATIC DESIGN SERVICES, ENVIRONMENTAL
IMPACT REPORT, GEOTECHNICAL INVESTIGATION, AND PROJECT
MANAGEMENT SERVICES FOR MARINA PARK (C- 4030). 1381100 -20081
a) Approve a Professional Services Agreement with Rabben/Herman Design Office
for the preparation of schematic design services on the Marina Park project at a
not to exceed price of $518,230 and authorize the Mayor and City Clerk to execute
the agreement; b) approve a Professional Services Agreement with Michael
Brandman Associates for preparation of the Environmental Impact Report (EIR)
for the Marina Park project at a not to exceed price of $195,187 and authorize the
Mayor and City Clerk to execute the Agreement; c) approve a Professional Services
Agreement with TerraCosta Consulting Group for technical data in support of the
EIR for the Marina Park project at a not to exceed price of $33,510 and authorize
the Mayor and City Clerk to execute the Agreement; d) establish $37,400 (5% of
the agreement amounts recommended) for possible unforeseen circumstances; e)
approve an amendment to the Professional Services Agreement with Gable
Engineering, Inc. for Project Management Services at a not to exceed price of
$86,400 and authorize the Mayor and City Clerk to execute the Agreement; and f)
approve a budget amendment (08BA -053) appropriating $1,070,727 from the
unappropriated General Fund balance to Account No. 7411- C4002002 (Marina
Park) - this amount includes an additional $200,000 to cover future marine
sediment/organism analysis and material disposal (consultant selection and scope
of work definition are on -going with consultant agreement award at a future
Council meeting).
10. TRAFFIC SIGNAL MODERNIZATION (C -3456) - APPROVAL OF
PURCHASE CONTRACT WITH ECONOLITE CONTROL PRODUCTS, INC.
(contd. from 2/26/08). (381100 -20081 Approve a Purchase Contract with
Econolite Control Products, Inc. of Anaheim, for purchase, installation,
maintenance and repair services of the icons Advanced Traffic Management
System, at a not to exceed price of $584,610 and authorize the Mayor and City
Clerk to execute the agreement.
11. TRAFFIC SIGNAL MODERNIZATION (C -3921) - JAMBOREE ROAD
CORRIDOR (PHASE 2) AND AIRPORT AREA (PHASE 3) DESIGN -
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ITERIS,
INC. 1381100 -20081 Approve a Professional Services Agreement with Iteris, Inc.
of Santa Ana, for Phases 2 and 3 of the Traffic Signal Modernization Project -
Volume 58 - Page 433
City of Newport Beach
City Council Minutes
March 25, 2008
Jamboree Road Corridor and Airport Area design at a contract price of $361,835
and authorize the Mayor and City Clerk to execute the Agreement.
12. RETIREE MEDICAL PROGRAM (C -563). [381100 -2008] Authorize the
Mayor, City Manager and City Clerk to execute the documents initiating
participation in CEBRT, with the intention of budgeting sufficient funds to fully
satisfy the remaining liability over a twenty year period. Council Member
Webb abstained on this item.
13. PLANNING MEMORANDUM OF UNDERSTANDING WITH THE COUNTY
OF ORANGE (C -4031) - THREE PENDING PROJECTS IN WEST SANTA
ANA HEIGHTS. [381100 -2008] Authorize the Mayor to execute a Memorandum
of Understanding (MOU) between the City and the County of Orange in
substantially similar form to the MOU attached to the staff report regarding
planning and building services for three pending development projects in West
Santa Ana Heights.
15. PROFESSIONAL SERVICES AGREEMENT FOR CONTRACT PLANNING
SERVICES (C4083). [381100 -2008] a) Approve a Professional Services
Agreement with Deborah Linn dba Linn & Associates of Long Beach, for contract
planning services for an amount not to exceed $150,000; and b) authorize the City
Manager and City Clerk to sign the agreement.
E. MISCELLANEOUS
16. REPLACEMENT OF PLAYGROUND EQUIPMENT AT BEGONIA PARK.
[100 -2008] Approve a budget amendment (08BA -057) transferring $25,000 from
the unappropriated General Fund to Expenditure Account 4390 -9022 to provide
for the insurance deductible for the replacement of the tot lot playground
equipment at Begonia Park.
17. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT
BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY
2007 /2008 EXPENDITURE ACCOUNTS. [100 -2008] Approve a budget
amendment (08BA -055) to increase revenue estimates by $293,000 in Account No.
4090 -5893 (Library Foundation Donations) and increase expenditure estimates by
the same amount in Division 4090 (Foundation).
18. APPROVAL TO PURCHASE RADAR TRAILER PRIOR TO JULY 1, 2008.
[100 -2008] Approve the early expenditure of $15,211 from the vehicle
replacement fund to replace a radar trailer prior to the beginning of Fiscal Year
2008.
19. PANINI CAFE APPEAL - 2421 E. COAST HIGHWAY - PA2007 -063 (contd.
from 11/27/07). [100 -2008] Refer the project to the Planning Commission for
consideration.
S23. AUTHORIZATION TO RETAIN TOM ROSSMILLER (RETIRED
EMPLOYEE) ON A PART -TIME BASIS (C- 4034). [381100 -2008] Authorize
the City Manager to execute a Professional Services Agreement in substantially
similar form to the agreement attached to the staff report with Tom Rossmiller for
part -time work associated with Newport Bay.
Volume 58 - Page 434
City of Newport Beach
City Council Minutes
March 25, 2008
Mayor Pro Tem Daigle reiterated Study Session discussions to move forward with Phases 2 and 3
of the Traffic Signal Modernization Project (Item 11).
In response to Mayor Selich's question regarding Item 19 (Panini Cafe Appeal), City Attorney
Clauson indicated that the item will not be returning to Council unless it is appealed.
City Manager Bludau requested that Item 3 (Kennels in West Santa Ana Heights) be continued to
April 22 and that Item 4 (Amendment to the City Hall Design Committee) be pulled off of the
Consent Calendar and have it trail Item 21 (Appointments to the City Hall Design Committee)
discussions in the event Council wants to amend the Committee makeup.
Dick Nichols requested to see schematics of the Marina Park project (Item 9), believed that the
City already purchased traffic signal systems but agreed that the project should be done in phases,
discussed the financing for Item 12, and explained why the playground equipment at Begonia Park
(Item 16) was replaced.
Motion by Mayor Pro Tem. Daigle to approve the Consent Calendar except for the item
removed (14); and noting the continuance of Item 3 to April 22, that Item 4 will trail Item 21
discussions, the emphasis to conduct.Item 11 in phases, and the abstention by Council Member
Webb on Item 12.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich,
Council Member Webb, Council Member Curry, Council Member Gardner
)III. ITEM REMOVED FROM THE CONSENT CALENDAR
14. AUTHORIZATION TO CONTRACT WITH VAN SCOYOC ASSOCIATES
REGARDING ADVOCACY FOR UPPER NEWPORT BAY AND LOWER NEWPORT
BAY DREDGING (C4032). 1381100 -20081
In response to Council Member Gardner's questions, Assistant City Manager Kiff
indicated that Van Scoyoc Associates will focus on both the Upper and Lower Newport Bay
dredging projects. He reported that their advantage for the Upper Newport Bay project is
that they can work with the Army Corps of Engineers since they are former members of
the Corps to reprogram funding for other projects that have not started and use that
money toward the City's projects.
Council Member Rosansky noted that the Corps agreed that the canal behind Newport
Shores needs dredging but are not sure how to fund this project. He requested that this
project be added to the scope. Assistant City Manager Kiff indicated that he will discuss
this with Van Scoyoc Associates.
Motion by Council Member Gardner to a) authorize the City Manager to enter into a
Professional Services Agreement of up to $60,000 to Van Scoyoc Associates to advocate for
dredging the Lower Bay and for funding the Upper Bay Ecosystem Restoration Project;
and b) approve a budget amendment (08BA -056) relating to appropriating $60,000 for this
effort.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
Volume 58 - Page 435
City of Newport Beach
City Council Minutes
March 25, 2008
XIV. ORAL REPORTS FROM CITY_COUNCIL.ON COMMITTEE ACTIVITIES
Council Member Gardner reported that the Coastal/Bay Water Quality Committee will be bringing
a recommendation to Council relative to using artificial turf where appropriate. She stated that
the committee will also be receiving suggestions from staff relative to controlling runoff.
XV. PUBLIC COMMENTS - None
XVL PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
20. PLANNING COMMISSION AGENDA FOR MARCH 20, 2008. 1100 -20081
Planning Director Lepo reported on the following items: Fury Rok & Rol Sushi Lounge
(PA2005 -018) - 4221 Dolphin Striker Way; Pavilions Wine Tasting - 21181 Newport Coast
Drive; Hoag Memorial Hospital Presbyterian (PA2007 -073) - One Hoag Drive; Seashore
Village (PA2007 -100) - 5155 River Avenue; and Sejour (PA2002.167) - 3400 Via Lido.
In response to Council Member Webb's questions, Planning Director Lepo described the
proposed Hoag Hospital soundwall.
XVII. CONTINUED BUSINESS
21. CONFIRMATION OF APPOINTMENTS TO THE CITY HALL DESIGN
COMMITTEE ( contd. From 3 /11 /08). 1241100 -20081
4. AMENDMENT TO RESOLUTION THAT ESTABLISHED THE CITY HALL
DESIGN COMMITTEE (contd. from 3/11/08). 1100 -20081
Mayor Selich discussed the process that the Building Committee used to nominate the
eight applicants and Larry Tucker. He indicated that Council can change the makeup of
the committee through Item 4, otherwise Item 4 will be tabled. He asked if Council
wanted to add any names for appointment consideration and indicated that they received
three landscape architect applications, the Building Committee interviewed two of them,
and only nominated one applicant.
Deputy City Clerk Brown announced the votes as followed: George Bissell received 2 votes
(Webb, Curry); Jeff Gill received 1 vote ( Rosansky); Rush Hill received 6 votes (Henn,
Rosansky, Webb, Curry, Gardner, Selich); Walt Richardson received 6 votes (Henn,
Rosansky, Webb, Daigle, Gardner, Selich); Stephen Sandland received 7 votes (Henn,
Rosansky, Daigle, Webb, Curry, Gardner, Selich); Niall Saunders received 3 votes (Daigle,
Curry, Gardner); Linda Taylor received 4 votes (Henn, Daigle, Webb, Selich); and Andrew
Bowden received 6 votes (Henn, Rosansky, Daigle, Curry, Gardner, Selich).
Motion by Mayor Selich to a) appoint Rush Hill, Walt Richardson, Stephen Sandland,
and Linda Taylor as the licensed architects and Andrew Bowden as the licensed landscape
architect to the City Hall Design Committee; b) appoint Larry Tucker as the non - voting
Chairman to the City Hall Design Committee; and c) table Item 4 (Amending the
Resolution that Established the City Hall Design Committee).
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
Council Member Rosansky and Mayor Selich commended the caliber of all the applicants.
Volume 58 - Page 436
City of Newport Beach
City Council Minutes
March 25, 2008
XVIII.
22. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE
CITY COUNCIL PRIORITIES FOR 2008. 1100 -20081
City Manager Bludau provided a staff report. Without objection, Council received and
filed the report.
XIX. MOTION FOR RECONSIDERATION - None
VI. CLOSED SESSION - Council recessed to Closed Session at 8:00 p.m. and reconvened at
9:15 p.m. with all members present. There was no reportable action.
XX. ADJOURNMENT - Adjourned in memory of Robert Pettit
The agenda for the Regular Meeting was posted on March 19, 2008, at 4:00 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 March 21,
2008, at 12:05 p.m. on the City Hall Bulletin Board located outside of the City of Newport
Beach Administration Building.
oC Q tY-Wro'-')
Recording, Secretary
City Clerk
Volume 58 - Page 437