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HomeMy WebLinkAbout08/11/2009 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting August 11, 2009 — 7:00 p.m. I. STUDY SESSION - 3:00 p.m. II. CLOSED SESSION - 5:16 P.M. A. Conference with Legal Counsel - Existing Litigation (Government Code §54968.9(8)): Four matters: IBC Litigation Matters: Four matters, all arising out of the IBC Litigation against the City of Irvine: * Newport BeachlTustin v. City of Irvine (Martin Street), Orange County Superior Court Case No. 07CCO1264 * Newport BeachiTustin v. City of Irvine (2851 Alton), Orange County Superior Court Case No. 07CCO1265 * Newport BeachlTustin v. City of Irvine (HCG), Orange County Superior Court. Case No. 30- 2008 - 0022885- CU- WM -CXC * Newport Beach/Tustin v. City of Irvine (Accessory Retail Business Regulations), Orange County Superior Court Case No. 30- 2009 - 00264696 B. Public Employee Performance Evaluation (Government Code § 549570(1))• The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of one public employee(s). Titles: City Manager and City Attorney C. Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigatiop (Government Code 5 64956.9(c)): One matter• Potential initiation of litigation against Red Bluff, LLC, for imposition of a receiver in order to bring its property at the corner of Dover and PCH into compliance with City regulations and to abate nuisances. D. Conference with Real Property Negotiator (Government Code § 54956.8): Property: Jamboree Road Widening Right of Way at and around SR 73 Overcrossing. City Negotiator: Ray Armstrong of Overland, Pacific & Cutler, Dave Webb III. RECWS IV. RECONVENED AT 7.00 P.M. FOR REGULAR MEETING Volume 59 - Page 239 City of Newport Beach City Council Minutes August 11, 2009 V. ROLL.CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb Excused: Council Member Gardner, Council Member Daigle VI. 01OSEDSESSIMIREPORT -None VII. PU_DGE OF ALLEGIANCE - Council Member Webb VIII. INVOCATION -Mayor Pro Tern Curry IX. PRESENTATIQNS Presentation of Cultural Arts Grants and State of the Arts Report - Robyn Grant, City Arts Commission Chair, provided Council with the State of the Arts Annual Report for 2008- 2009 and with help from Mayor Selich, they awarded the 2008 -2009 Cultural Arts Grants to Baroque Music Festival, Festival Ballet Theater, Newport Beach Film Festival, Newport Beach Public library Foundation, Newport Harbor Nautical Museum, Orange County Museum of Art, Pacific Symphony, South Coast Repertory Theater, and Southland Opera. Presentation of Plaques to Outgoing Board and Commission Members - Mayor Selich presented plaques to Bert Carson, Kirwan Rockefeller, and Seymour Beek. X NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MA RS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON DISCUSSION ITEM) Council Member Webb displayed photos of art in San Diego and announced that he would like the City Arts Commission to work with the Civic Center landscape architect, compile information, and make a presentation to Council in October or November regarding a program to display art in the Civic Center park. XII. CONSENT CALENDAR A. READING OF MINUTES/ ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR MEETING OF JULY 28, 2009.1100-20091 Waive reading of subject minutes, approve as amended 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 8. TRANSIENT OCCUPANCY TAX (TOT)/VISITOR SERVICE FEE (VSF) ORDINANCE UPDATE: THE PAYMENT OF TAX AND FEES PRIOR TO SEEKING JUDICIAL REVIEW. (100 -2009] Introduce Ordinance No. 2009- 17 amending Chapters 3.16 and 3.28 of the Newport Beach Municipal Code relating to the payment of Uniform Tranaient Occupancy Taxes (UTOTs) and Visitor Service Fees (VSFe) prior to seeking judicial review, and pass to second Volume 59 - Page 240 City of Newport Beach City Council Minutes August 11, 2009 reading on September 8, 2009. C. ORDINANCE FOR ADOPTION 4. AMENDMENT TO CHAPTER 1.12.020 OF THE MUNICIPAL CODE REGARDING ISSUANCE OF CITATIONS. [100 -2009] Adopt Ordinance No. 2009 -16 which gives the power to issue citations to the Code and Water Quality Enforcement Manager and any staff he/she designates. D. RESOLUTION FOR ADOPTION 6. COUNCIL APPROVAL OF THE BIG CANYON CREEK RESTORATION PROJECT AND ADOPTION OF THE MITIGATED NEGATIVE DECLARATION. [100 -2009] a) Approve the Big Canyon Restoration Project; and b) adopt Resolution No. 2009 -59, adopting a revised Mitigated Negative Declaration. E. CONTRACTS AND AGREEMENTS 6. COMMUNITY YOUTH CENTER REHABILITATION - COMPLETION AND ACCEPTANCE (C-3959).[88/100-20091 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; and d) release the Faithful Performance Bond one year after Council acceptance. 7. COMMUNITY YOUTH CENTER PARKING LOT IMPROVEMENTS - COMPLETION AND ACCEPTANCE (C-4182).128/100-20091 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; and d) release the Faithful Performance Bond one year after Council acceptance. 8. COMMUNITY YOUTH CENTER (CYC) ROOF REHABILITATION - AWARD OF CONTRACT (C-4195).[39(100-2009] a) Approve the project plans and specifications; b) award the contract (C -4195) to Western States Roofing Systems, Inc. (Western States) for the total bid price of $74,650, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $11,200 (15 %) to cover the cost of unforeseen work. 9. CORONA DEL MAR STREETLIGHT IMPROVEMENT PROJECT - AWARD OF CONTRACT (C-4090).1881100-20091 a) Approve the project drawings and specifications; b) award the contract (C -4090) to Macadee Electric Construction for the total bid price of $165,669, and authorize the Mayor and the City Clerk to execute the contract; .c) establish an amount of $17,000 to cover the cost of unforeseen work; and d) approve a budget amendment (10BA -007) recognizing an additional contribution of $2,787 from the Corona del Mar Business Improvement District and appropriating $2,787 from Account No. 7251- C2202001, which together with the original appropriation of $100,000 represents 50 percent of the proposed design and construction coats for the project. Volume 59 - Page 241 City of Newport Beach City Council Minutes August 11 , 2009 10. NEWPORT BEACH CIVIC CENTER - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HALL & FOREMAN, INC. FOR SURVEY SERVICES (C- 4176). 1381100 -20091 Approve Amendment No. 1 to the Professional Services Agreement with Hall & Foreman, Inc. to provide supplemental survey and consulting services at a not to exceed price of $46,150, and authorize the Mayor and City Clerk to execute the Amendment. 11. VIA LIDO, VIA ANTIBES, VIA OPORTO & VIA MALAGA STREET REHABILITATION - AWARD OF CONTRACT (C4096). 1381100 -20091 a) Approve the project plans and specifications; b) award the contract (C -4096) to All American Asphalt for the total bid price of $575,575, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $57,558 (10 %) to cover the cost of unforeseen work. 13. APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH W. A. RASIC COMPANY, INC. AND APPROVAL OF AMENDMENT NO. 3 WITH MIKE KILBRIDE, LTD. (C-3994).1381100- 20091 a) Approve Amendment No. 2 to Professional Services Agreement with W. A. Rasic Company, Inc. for on -call underground utility repair services, and authorize the Mayor and City Clerk to execute the Amendment.; and b) approve Amendment No. 3 to Professional Services Agreement with Mike Kilbride, Ltd for on -call underground utility repair services, and authorize the Mayor and City Clerk to execute the Amended Agreement. 14, APPROVAL OF ON -CALL REPAIR SERVICES AGREEMENT WITH R.A. REED ELECTRIC COMPANY, INC. FOR REPAIR OF ELECTRIC MOTORS FOR WATER WELLS AND PUMP STATIONS (C -3883). 1381100 -20091 Approve an on -call repair services agreement with R. A. Reed Electric Company for repair of motors for water wells, booster pumps and pump stations, and authorize the Mayor and City Clerk to execute the Agreement. 16. APPROVAL OF MEMORANDUM OF AGREEMENT WITH THE STATE OF CALIFORNIA FOR ACQUISITION OF URBAN SEARCH AND RESCUE (USAR) TRAILER AND EQUIPMENT (C4339).1381100-20091 Authorize the Fire Chief to approve the Memorandum of Agreement with the State of California for Acquisition of Urban Search and Rescue (USAR) trailer and equipment. 15. TASTE OF NEWPORT BANNERS - APPROVAL OF ENCROACHMENT PERMIT N2009 -0179.1100 -20091 a) Conditionally approve the request of the Newport Beach Chamber of Commerce for the installation of 169 banners from August 24, 2009, to September 22, 2009, for the annual Taste of Newport (installation will be along Westcliff Drive, Jamboree Road, MacArthur Boulevard, Newport Boulevard, and Coast Highway); and b) waive City fees associated with the banners and their installation. F. AUSCELLANEOUS 17. REASSIGNMENT OF FUNDS FOR THE URBAN SEARCH AND RESCUE (USAR) VEHICLE. /381100 -20091 a) Reallocate funds from the Fire Department Capital Improvement Projects (CIP) fund to convert spare Fire Engine No. 2418 to accommodate tools and equipment obtained through the Urban Area Security Initiative grant; and b) approve a budget amendment Volume 59 - Page 242 " City of Newport Beach City Council Minutes August 11, 2009 (10BA -008) reallocating $84,990 from account 7011- C2320715 to account 23209300. 18. SALE OF CITY -OWNED PROPERTY IN FRONT OF 412 CARNATION AVENUE. 1731100 -20091 Continue to a future meeting. 19. UNSCHEDULED VACANCY ON THE BUILDING AND FIRE BOARD OF APPEALS. [100 -20091 a) Declare a vacancy on the Building and Fire Board of Appeals due to the resignation of Paul Root effective July 30, 2009; b) confirm the Mayor's appointment of Council Member Webb, Council Member Gardner, and Council Member Daigle to serve on the Ad Hoc Appointments Committee; and c) direct the City Clerk to post and publish a Special Vacancy Notice requesting that applications be submitted by 4:00 p.m. on Thursday, August 27, 2009, and schedule the submission of the nominations to the Council on September 8, 2009 with the final appointment to be made on September 22, 2009. 20. APPOINTMENTS TO THE SPECIAL EVENTS ADVISORY COMMITTEE. 1100 -20091 a) Confirm the Mayor's appointment of the following individuals to the Special Events Advisory Committee: Kim Severini, Jim Donnell, Janis Dinwiddie, Marshall Topping, Kirwan Rockefeller, Laura Davis, and Judy Brower; and b) confirm the Mayor's appointment of Laura Davis as Chairperson. S28. PROPOSED CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES AMENMENT RELATED TO GREENHOUSE GAS EMISSIONS. [100 -20091 a) Review the comments from the Task Force on Green Development; and b) authorize the Mayor to send a letter submitting City comments to the California Natural Resources Agency regarding the proposed amendment to the CEQA Guidelines. Motion by Mayor Pro Tem Curry, seconded by Council Member Rosansky to approve the Consent Calendar, except for the item removed (12); and noting the continuance of Item 18 and the appointment of Council Members Webb, Gardner, and Daigle to the Ad Hoc Appointments Committee (Item 19). The motion carried by the following roll call vote: Ayes: Mayor Pro Tem Curry, Council Member Webb, Mayor Selich, Council Member Rosansky, Council Member Henn Absent: Council Member Gardner, Council Member Daigle XIII. ITEM REMOVED FROM THE CONSENT CALENDAR 12. TRAFFIC SIGNAL MODERNIZATION - WEST NEWPORT (PHASE 4) AND BALBOA PENINSULA (PHASE 7) DESIGN - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC. (C-3921).[38/100-20091 Council Member Henn stated that he is pleased that the project is moving forward, but expressed concern that the scope of work does not include the traffic lights at Finley and Via Lido. He requested to have design work for the two traffic lights added to the scope of work and when the Pacific Coast Highway Relinquishment Bill passes, the City can proceed with updating the streetlights without delay. Public Works Director Badum confirmed that the scope of work can be amended to Volume 59 - Page 248 City of Newport Beach City Council Minutes August 11, 2009 include those two lights In response to Council Member Rosansky's question, Assistant City Manager Siff stated that the Bill is still pending and indicated that he does not perceive a problem. MOtiQn by _ Council. Merpber Henn. seconded _by_ Council -Member Webb to approve a Professional Services Agreement with an amendment to the scope of work to include the traffic lights at Finley and Via Lido with lteris, Inc. for design of Phases 4 and 7 of the Traffic Signal Modernization Project - West Newport and Balboa Peninsula - at a contract price of $446,820, and authorize the Mayor and City Clerk to execute the Agreement. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb Absent: Council Member Gardner, Council Member Daigle XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None XV. PUBLIC HEARINGS 21. COST RECOVERY ORDINANCE (CHAPTER 3.36), FEE RESOLUTION AND MASTER FEE SCHEDULE. (100 -20091 City Manager Bludau requested that this item be continued so that recreation fee changes can be added. Mayor Selich opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Rosansky, seconded by Mayor Pro Tem Curry to continue the item to the September 8, 2009 meeting. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem, Curry, Mayor Selich, Council Member Webb Absent: Council Member Gardner, Council Member Daigle 22. COUNCIL POLICY MANUAL UPDATE FOR 2009.[100-20091 Assistant City Manager Siff explained that the Council Policy Manual is updated annually. Council Member Henn noted that Council Policy F -28 was inadvertently attached as Council Policy F-26. Notion by Council Member Rosausskkv seconded by Mavor Pro Tem Curry to approve the proposed revisions to Council Policies A -18, B -1, B-2, B -7, B -12, B -13, B -14, F -1, F -3, F -6, F -7, F -8, F -12, F -16 and K -1, the deletion of Council Policies F -21 and F- 23, and the addition of Council Policy F -28. The motion carried by the following roll call vote: Volume 59 - Page 244 City of Newport Beach City Council Minutes August 11, 2009 Ayes: Council Member Henn, Council Member Rosaasky, Mayor Pro Tern Curry, Mayor Selich, Council Member Webb Absent: Council Member Gardner, Council Member Daigle XVL PUBLIC COMMENTS Jerry Russell expressed concern about the surveillance camera at Castaways Park. City Manager Bludau reported that vandalism has occurred to the 1(1 Marine statue and noted that the camera only captures activity around the monument. Monica Venable, Community Alliance Network, provided Council with packets and discussed their under -aged drinking prevention project. She stated that they can assist with boating an under -aged drinking town hall meeting, highlighted the information in the packet, and thanked Council for their commitment to public service. W.R. Dildine commended the Public Works Department for their work on Assessment Districts and expressed concern about the meters and encroachments in the public rights -of -way. He invited Council Member Webb to attend a meeting he will be having with the Public Works Department on August 31. Karen Tringali, Corona del Mar Residents Association, invited everyone to attend the Neighborhood Preparedness Exposition at Sherman Gardens on August 19 from 5 :30 p.m. to 7:30 p.m. XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 28. PLANNING COMMISSION AGENDA FOR AUGUST 6, 2009.1100-20091 Planning Department Director Lepo reported that the Planning Commission selected new officers: Robert Hawkins (Chair), Earl McDaniel (Vice- Chair), and Charles Unsworth (Secretary). He also reported that they received a presentation from John Martin about past housing cycles. XVIII. CURRENT BUSINESS 24. CAS RESPONSE TO STATE BUDGET ACTIONS [100-20091 City Manager Bludau reported that there will be an 8% loss to public agencies for loaning money to the State and noted that staff initially recommended using the Unappropriated General Fund Operating Revenues account with hopes of getting the money back in three years with interest. He stated that a new program is being implemented by California Communities, the League of California Cities, and the California State Association of Counties to provide a security program for Proposition lA loans to the State. The program is intended to replace 100% of the funds loaned to the State by local agencies through the sale of bonds. The proceeds will go back to the local governments by the end of November and, in return, California Communities will have the authority to collect the local governments' future receivables from the State. He stated that they should know more details by September 28 and recommended that Council delay action for 30 to 45 days to allow time for details of the program to be worked out. Mayor Pro Tem Curry indicated that he had the opportunity to review the proposal and stated that he is not ready to fully endorse it yet. He stated that he is more concerned with the return of principal than the return on principal. He expressed support for transferring the repayment risk from the State to bond holders and looks Volume 59 - Page 245 City of Newport Beach City Council Minutes August 11, 2009 forward to reviewing the report when facts are clearer. Council Member Henn agreed with Mayor Pro Tem Curry and expressed support for finding a reasonably economical method for the City to get the money back as soon as possible and not depend on the State. 25. C-W CENTER UPDATE - SIZE /SCOPE/SQUA E FOOTAGES. [100 -20091 Assistant City Manager Kill utilized a PowerPoint presentation that highlighted the significant changes, floor plans, and layouts. He stated that there will be a public design meeting on Wednesday, September 30, at 6:00 p.m., at a location to be determined. He discussed the library addition, City office building, Emergency Operations Center (EOC), Council Chambers, community room, and parking structure. In response to Council Member Henna questions, Assistant City Manager Kiff stated that the current proposal shows a 95,600 square foot building compared to the 98,000 square foot building in the concept plan. He reported that the EOC will have to withstand a major disaster and, following research of other EOCs by staff, concluded that the size of the proposed EOC can accommodate the amount of people needed. Council Member Henn expressed concern about the size of the offices and the number of elements added between the time of the design competition and the concept phase. He believed that this is the last opportunity to have a real impact on the elements. Assistant City Manager Kiff noted additional opportunities for cost reduction and indicated that once the plan is refined, there will be an opportunity to review cost estimates. He reported that the schematic plan is scheduled to come before Council at the second meeting of November. He also stated that the City is working on reducing the excavation costs by $5 million by having contractors pick up the dirt and take it to their projects, and noted that the proposed raised floor system is cost effective since it reduces heating and air conditioning costs. He noted that the project is naturally phased and stated that staff will explore federal grant opportunities to assist with the building of the EOC. Debra Allen expressed concerned about the protection of the MacArthur Boulevard view plane and hoped that resident desires are not cut short. Barry Allen expressed concern that the City is changing what was promised to the residents by eliminating the trellis, tot lot, restrooms, and green roof structure. He believed that there is no need to expand the library and the other portion of the park at this time. He suggested that Council look at the project and live up to the promises made to the residents. Anthony Valentino expressed concern about the cost of the EOC, the number of conference rooms, and the size of offices. Assistant City Manager Kiff suggested that residents attend the public meeting on September 30 to get their questions answered, see the latest lighting study, and observe the moving simulation. In response to Mayor Pro Tem Curry's questions, Assistant City Manager Kiff discussed why the trellis may be removed and explained why the EOC is being plaoed underground. Volume 59 - Page 246 City of Newport Beach City Council Minutes August 11, 2009 26. NEWPORT BEACH CIVIC CENTER PROJECT - APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR ARCHITECTURAL DESIGN SERVICES - SCHEMATIC DESIGN AND DESIGN DEVELOPMENT FOR EMERGENCY OPERATIONS CENTER (EOC) (C-4136).1381100-20091 City Manager Bludau stated that this is an amendment to the professional services agreement for the design of the EOC. M ion by. Council Member Rosansky, seconded by.C.ouncil Member Webb to approve the use of Unappropriated General Fund Operation Reserves to mitigate the loss of property tax revenues for the 2009 -10 fiscal year due to the adoption of the State Budget and the suspension of Proposition IA. The motion carried by the following roll call vote: Ayes: Mayor Pro Tem Curry, Council Member Webb, Mayor Selich, Council Member Rosansky, Council Member Henn Absent: Council Member Gardner, Council Member Daigle 27. RECONSIDERATION OF GENERAL PLAN AMENDMENT INITIATION (GI2009 -001) NEWPORT BEACH COUNTRY CLUB (PA2005 -140 AND PA2008- 152). [100 -2009] Senior Planner Ung reported that Council previously initiated a General Plan Amendment, but staff is recommending that Council rescind the amendment. She explained that there are two competing Newport Beach Country Club applications and the two entities could not resolve their differences. She stated that both parties were sent a letter informing them that if an agreement was not reached, Council will rescind the City - initiated General Plan Amendment. Mayor Selich stated that he and Council Member Rosansky met with both applicants to try to negotiate an agreement, but was not successful. He indicated that the applicants can submit their applications individually. Council Member Rosansky agreed that ample time was given to allow them to work out their differences. Motion by Council Member Webb seconded by Council Member Henn to rescind the City - initiated General Plan amendment by adopting Resolution No. 2009- 60. The motion carried by the following roll can vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem. Curry, Mayor Selich, Council Member Webb Absent: Council Member Gardner, Council Member Daigle XIX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - 8:83 p.m The agenda for the Regular Meeting was posted on August 6, 2009, at 3:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administrittion Building. The supplemental agenda for the Regular Meeting was posted on August 7, 2009, at 4:00 p.m, on the City Hall Bulletin Board located outside of the City of Volume 59 - Page 247 City of Newport Beach City Council Minutes August 11, 2009 Newport Beach Administration Building. • Mayor Volume 69 - Page 248