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HomeMy WebLinkAbout11/12/2008 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 12, 2008 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 5:08 p.m. III. RECESS 1V. RECONVENED AT 740 P.M. FOB REGULAR. MEET_ ING 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 the Closed Session discussion is adjourned to November 20, 2008, at 9:00 a.m. VII. PLEDGE OF ALLEGIANCE -Mayor Pro Tem Daigle VIII. INVOCATION -Rabbi Craig Lewis, Shir Ha -Ma'a Lot Temple ►® Proclamation to City Clerk LaVonne M. Harkless - Mayor Selich presented a proclamation to City Clerk Harkless and thanked her for her dedication and hard work. Council also thanked her for her professionalism, accessibility, fairness and assistance. City Clerk Harkless thanked Council and staff for the recognition. X.. NOTICE TO THE PUBLIC Xi. CITY COUNCIL ANNOUNCEMENTS. OR _MATTERS WHICH _COUNCIL MEMBERS WOULD LIKE PLACED. _ON A FUTURE. AGENDA FOR DISCUS SION, ACTION OR REPORT (NON - DISCUSSION ITEM): Council Member Gardner requested a report from the General Services Department regarding the number of hours used to collect campaign signs from the City right -of -ways. Council Member Curry reported that airport traffic at John Wayne Airport has declined. XII. CONSENT CALENDAR A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF OCTOBER 28, 2008. [100 -20081 Waive reading of subject minutes, approve Volume 59 - Page 15 City of Newport Beach City Council Minutes November 12, 2008 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. ORDINANCE AMENDING SECTION 5.50.050 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING MASSAGE ESTABLISHMENTS - REQUIREMENTS OF OPERATORS. [100 -2008] Introduce Ordinance No. 2008 -18, and pass to second reading on November 25, 2008. C. RESOLUTIONS FOR ADOPTION 5. RESOLUTION ELIMINATING AND SUNSETTING NINE PREVIOUSLY ESTABLISHED COMMITTEES IN ORDER TO REDUCE THE LIST OF CITY OFFICIAL COMMITTEES. 1100 -20081 Adopt Resolution No. 2008 -93 eliminating nine committees: 1) Ad Hoc Committee to Promote the Revitalization of the Balboa Peninsula (PROP), 2) City - School Ad Hoc Committee, 3) Oil and Gas Field Operations Committee, 4) Neighborhood Traffic Calming Committee, 5) 1/1 Memorial Committee, 6) City Clerk Ad Hoc Recruitment Committee, 7) City Attorney Ad Hoc Recruitment Committee, 8) Santa Ana River Crossing (SARI) Ad Hoc Committee, and 9) Newport Coast Advisory Committee. D. CONTRACTS AND AGREEMENTS 6. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT HOLIDAY BANNERS - APPROVAL OF ENCROACHMENT PERMIT N200"385. [100 -20081 a) Conditionally approve the request of the Corona del Mar Business Improvement District (CDM BID) for the installation of 32 holiday banners on City streetlight poles from November 12, 2008 to January 11, 2009 - installation will be along East Coast Highway from Avocado Avenue to Hazel Drive; and b) waive City fees associated with the banners and their installation. WEST OCEAN FRONT ALLEY WATER MAIN REPLACEMENT PROJECT - 14TH STREET TO MCFADDEN SQUARE - AWARD OF CONTRACT (C- 4007). [381100 -20081 a) Approve the project plans and specifications; b) award the contract (C -4007) to John T. Malloy Inc. for the total bid price of $629,580 and authorize the Mayor and the City Clerk to execute the contract; and c) establish and amount of $62,958 (10%) to cover the cost of unforeseen work. 8. 2007 -2008 CITYWIDE SLURRY SEAL PROGRAM - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3960). 1381100 -20081 a) Accept the completed 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; d) release the Faithful Performance Bond 1 year after Council acceptance; and e) approve a budget amendment (09BA -022) recognizing contributions in the amount of $660 from Our Lady of Mount Carmel Church for improvements to its parking lot. 10. OASIS SENIOR CENTER CONSTRUCTION MANAGEMENT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1 WITH GKK WORKS (C- 4026). [381100 -20081 Approve Amendment No. 1 to the Volume 59 - Page 16 City of Newport Beach City Council Minutes November 12, 2008 Professional Services Agreement with GKK Works of Irvine, to provide project and construction .management services at a not to exceed price of $662,000, and authorize the Mayor and the City Clerk to execute the amendment. 11. PROFESSIONAL SERVICES AGREEMENT WITH ADT SECURITY SERVICES, INC. (ADT) FOR ON -CALL SECURITY AND FIRE MONITORING, MAINTENANCE AND INSTALLATION SERVICES (C- 4125). [381100 -20081 Approve the Professional Services Agreement with ADT Security Systems, Inc. for on -call security and fire monitoring, maintenance and installation services, and authorize the Mayor and City Clerk to execute the agreement. E. MISCELLANEOUS 13. HUMAN SERVICES GRANTS FOR 2008 -09. [100 -20081 Authorize the allocation of $25,000 in Human Services Grants as outlined in the staff report. 14. UPDATE ON PROPOSITION 83 ("JESSICA'S LAW) AND LOCAL SEX REGISTRANT ENFORCEMENT. 1100 -20081 Receive and file. S18. PROFESSIONAL SERVICES AGREEMENT FOR THE PREPARATION OF A CONCEPTUAL DESIGN PLAN FOR A CONFINED AQUATIC DISPOSAL SITE IN NEWPORT HARBOR (C- 4126). 1381100 -20081 a) Authorize the City Manager and City Attorney to write and approve a standard agreement with Anchor Environmental to investigate the disposal options for contaminated sediments in Newport Harbor, and b) adopt a budget amendment (09BA -023) taking $25,000 in unappropriated General Fund reserves and assign these funds to Capital Improvement Project #7014- C4402001 (Newport Harbor Dredging Project). Motion .by Mayor Pro_ Tem Daigle to approve the Consent Calendar, except for the items removed (4, 9, and 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 XIII. ITEMS,REMOVED FROM THE CONS.ENT,CALENDAR 4. INTERIM FUNDING REIMBURSEMENT AUTHORIZATION FOR THE OASIS SENIOR CENTER AND SUNSET RIDGE PARK. [100 -20081 Administrative Services Director Danner reported that the intent of the resolutions is to allow Council the opportunity to reimburse itself for any capital expenditures only if there is a debt issuance. In response to Council questions, Administrative Services Director Danner stated that the Finance Committee met with the bond counsel, financial consultants, and underwriters to discuss the debt issuance. He emphasized that there is no obligation to Council to do anything at this time. Council Member Curry added that the Finance Committee is discussing the funds needed for the OASIS project. He stated that they won't know the amount of the bonds until the bids are returned and then they will look at market conditions. He explained that the resolutions are to be used in case the interest rates are not up to par, adding that reserves can be used when the rates are up and the bonds can be used for reimbursement. Volume 59 - Page 17 City of Newport Beach City Council Minutes November 12, 2008 Council Member Rosansky suggested that funding for OASIS be discussed further. Dick Nichols expressed concern about the amount of the expenditure. Motion by Mayor Pro Tem Daigle to adopt Resolution Nos. 2008 -91 and 2008 -92 that would allow the City the option to reimburse itself for project costs incurred prior to possible future debt issuances for the OASIS Senior Center project and the development of Sunset Ridge Park. 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 9. MACARTHUR BOULEVARD MEDIAN TREES - AWARD OF CONTRACT (C- 4054). (381100 -2008] Dick Nichols expressed concern about trees in this area obstructing motorist's views. Public Works Director Badum stated that the project includes 121 liquid amber trees and noted that there are no view impacts. Motion by,Council Me her Curry to a) approve the project plans and specifications; b) award the contract (C -4054) to Jeff Tracy, Inc. dba Land Forms Landscape Construction for the total bid price of $57,674, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $10,000 (17 %) to cover the cost of unforeseen work. 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 12. REVISION OF COUNCIL POLICY F -2 - RESERVES/DESIGNATIONS OF FUND BALANCE. (100 -2008) Council Member Henn announced that he is very pleased with the way the reserve investments are structured and that it is essential that the City stay in compliance with its policies. In response to Council Member Henn's question, Administrative Services Director Danner stated that there were many discussions about the proper level of reserves and there will be a transfer of $5.9 million from the Appropriation General Fund to assure that all internal reserves are fully funded in accordance with the new policy. He stated that in the past, the City did not have internal funds and everything was funded from the General Fund which would cause spikes during large purchases and lawsuits. Council Member Henn recommended that Policy 3B be amended so that transfer amounts in excess of $500,000 would require notice to the Council at the first meeting following such transfer. He requested that Policy 4B include similar language. He stated that amounts so transferred are material and wanted Council to be aware of why the funds were transferred. Motion by Council Member Henn to approve Council Policy F -2 - Reserve/Designations of Fund Balance, as amended. Volume 59 - Page 18 City of Newport Beach City Council Minutes November 12, 2008 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 XIV. ORAL. REPORTS FROM. CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Gardner stated that the Green Task Force created a subcommittee which will work on an ordinance with Building Director Elbettar and they will be implementing a television program on green practices. Council Member Henn reported that the City continues to make progress on group homes issues and thanked staff for addressing the issues vigorously. First he noted that the City won another victory in court in the Pacific Shores Litigation where the court ruled in favor of the City to allow Ordinance No. 2008.005 to stay in effect, active, and enforceable. Second, he stated that in a major development that will benefit residents, Narcanon the largest single group home facility in the City and the City reached an agreement to close their facility in February 2010. Third, he noted that the Sober Living by the Sea agreement will go to the Planning Commission on November 20. Residents have been notified and he encouraged citizens to come to the meeting. Lastly, he stated that group homes use permit hearings will start December 4 and continue through January. Mayor Selich reported that the General Plan Implementation Committee meeting is progressing. Assistant City Manager Wood stated that provisions will be brought back to Council in Spring. XV.PUBL_IC.HEARING 15. SALE OF BONDS FOR ASSESSMENT DISTRICT NO. 99 -2. [891100 -20081 Finance Officer Matusiewicz discussed the purpose of the assessment district, stated that the funding was approved, and gave the history of the bonds. He stated that 49% of residents paid the entire assessment in cash and asked Council to finance the remaining through the sale of bonds. The tentative date for bond closing is December 4. In response to Council Member Curry's question, Finance Officer Matusiewicz stated that the 30 day period to contest the assessment district has passed. Motion by_Council Member Webb to adopt Resolution No. 2008 -94, authorizing: a) the sale of 1915 Act Assessment bonds not to exceed $1,978,488 for Assessment District No. 99.2; b) the execution and delivery of one or more Indentures in substantially the form presented; c) the execution and delivery of one or more Official Statements and continuing Disclosure Agreements in substantially the form presented; d) the execution and delivery of one or more Bond Purchase Contracts in substantially the form presented; e) staff to take the necessary steps to provide for the sale and issuance of the bonds; and f) approve a budget amendment (09BA -021) for $12,448.05 for funding and assessment on the 15th Street Restrooms, included in Assessment District No. 99 -2. 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 XVI. PUBLIC COMMENTS Dick Nichols expressed concern about group homes in Lido Marina Village. He also expressed concern about public access, views, and non - conforming uses at the Port Theater. Assistant City Manager Wood stated that the Coastal Land Use Plan Amendment was approved, but Volume 59 - Page 19 City of Newport Beach City Council Minutes November 12, 2008 needed changes in order to be consistent with the General Plan. She stated that the Theater is currently working with staff and the Coastal Commission to resolve issues. Planning Director Lepo stated that the Port Theater was renovated under the landmark buildings ordinance. He stated that the steel on the roof was for a closure and the building complies with code. In response to Council Member Gardner's question, Planning Director Lepo stated that the Port Theatre does not have a liquor license. XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING COMMISSION AGENDA FOR NOVEMBER 6, 2008. [100 -20081 Planning Department Director Lepo reported on the following items: Hyatt Regency Newport Beach Expansion (PA2005 -212) - 1107 Jamboree Road; and General Plan Amendment (PA2008 -182). XVIII. CONTINUED. BUSINESS 17. CITY HALL DESIGN COMMITTEE - DRAFT FINAL REPORT. [731100 -20081 S19. RESOLUTION 2008 -95 RELATING TO THE CITY HALL DESIGN COMMITTEE'S ROLE DURING THE DESIGN DEVELOPMENT PHASE OF THE CITY HALL AND PARK PROJECT. 1100 -20081 Without objection, Mayor Selich suggested that Item S19be discussed with Item 17. He stated that the City Council Ad Hoc Building Committee recommended that the Design Committee be renamed to reflect the fact that a park is involved in the design, extend the term to December 31, 2009, designate two members of the City Hall Design Committee to serve on a subcommittee, and hold at least two public meetings. He stated that they recommended that a resolution be adopted to amend Resolution No. 2008 -14 and suggested that designation of the two members for the City Hall Design Committee be continued to the November 25 meeting. City Hall Design Committee Chair Tucker stated the City Hall Design Committee recommended Bohlin Cy winski Jackson (BCJ) as its top choice to design the new City Hall and he utilized a PowerPoint presentation that included the efforts to date, the committee's initial tasks, rankings, recommendation, key reasons for their choice, refinements to the plan, and additional recommendations. In response to Council Member Gardner's question, City Hall Design Committee Member Hill, stated that he believed that BCJ missed many of the points in the RFQ, but noted that none of the designs were perfect. He emphasized that the BCJ plan was not the design that required the least amount of change to meet the RFQ requirements. In response to Mayor Pro Tem Daigle's question, Chairman Tucker stated that the major challenges are the physical nature of the site, the view plane, and parking. In response to Council Member Henn's question, Chairman Tucker stated that the architects were not interviewed during the selection process and the RFQ allowed for third party recommendations. He noted that the architects were not allowed to contact the Committee and was told to refer any questions to the City Manager's Office. Assistant City Manager Kiff stated that the reference checks were done and all five firms met the threshold. Committee Member Taylor stated that BCJ had an outstanding track record and is a Volume 59 - Page 20 City of Newport Beach City Council Minutes November 12, 2008 previous recipient of the American Institute of Architects (AIA) National Award Committee Member Richardson stated that the BCJ exhibited willingness to work with the City and Council, and the Committee voted 3 to 2 in favor of their criteria and design parameters. In response to Council Member Gardner's question, Committee Member Richardson stated that changes can be made to the design, including combining the modulars, mitigating the glare by changing the access to the northerly direction, and modifying the sail to mitigate issues with respect to the view plane_ Chairman Tucker added that the Design Committee followed the general design parameters and stated that there might be some concerns about the design elements that went into the view plane. In response to Council Member Henn's question, Chairman Tucker stated that the best thing to do is to have experts representing the City provide information about the cost reliability. He noted that the feature that was important for the BCJ plan is that it is economically built. He also noted that the Committee did not have experts available to them, but the architects were provided with parameters. He believed that the City should set a budget and provide it to the chosen architect. Mayor Selich stated that the City has set a budgetary goal and will work with the selected architect. Council Member Webb stated that all the architect presentations should not be considered as bids, a budget should be established, and then the architects should comply. In response to Council Member Henn's question, Assistant City Manager Kiff stated that BCJ did not include grading in the amount presented to the City and noted that minutes for the City Hall Design Committee are available online. Debra Allen expressed concern about the public view and described the view plane agreement and City ordinance. She emphasized that it is unfair for the City to build a building that would pierce the view plane and stated that the land easement was not recorded but there are minutes to support her findings. Denise Woltmath asked Council to observe the view impact, mitigate parking and noise, stay consistent with the ordinance, mitigate lighting, and not permit anything that sticks out of the building. Karen Tringali thanked the City Hall Design Committee and expressed concern about the phasing of the project. Debbie Stevens suggested that Council respect the view plane ordinance, mitigate light and glare impacts, retain the berm along MacArthur, and lower the sail. She also stated that the park is integral and should not be phased. She suggested that Council look at the Johnson -Fain plan more seriously and that the landscape architect be designated to the subcommittee of the City Hall and Park Design Committee. Dick Nichols stated that in the past, the City has protected public and not private views and many of the private views have been lost due to trees. Jim Warren stated that dirt removal will be very costly and believed that the Johnson Fain plan required less dirt removal. Hugh Logan expressed concern about the cost of the project and the impact on views. He suggested that the building and landscape be executed together and stated that he favored the Johnson -Fain plan. Volume 59 - Page 21 City of Newport Beach City Council Minutes November 12, 2008 Jim Vandersloot commended the City Hall Design Committee for their hard work and stated that he liked the BCJ plan but believed that the Johnson -Fain plan gave a sense of City Hall in the park. He suggested that Bill Ficker be involved with the plan. Barry Allen favored SWA for landscaping and Johnson -Fain for designing. He stated that concentration should be placed on the park, the park should not be phased, the City should keep the berm, and the southern most meadow area should be retained Nancy Skinner expressed concern about the sail but she supported the BCJ plan. She suggested that Council look at a better green building for energy and water conservation. Mayor Selich thanked the committee and stated that the City Hall and Park Design Committee will continue working on the project. Motion by, Council Member Webb to a) receive and file; b) adopt Resolution 2008 -95 amending Resolution 2008 -14 relating to the City Hall Design Commttee; and c) continue the designation of two City Hall Design Committee members to be members of the City Hall and Park Design Committee's Subcommittee on Schematic Design/Design Development. 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 XX. MOTION FOR RECONSIDERATION - None XXI. AD- MURNMENT - 9:38 p.m. The agenda for the Regular Meeting was posted on November 5, 2008, at 1:55 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 November 7, 2008, at 2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. i Mayor I V..• �1i0.0.v.� City Clerk OR Volume 59 - Page 22