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HomeMy WebLinkAbout01 - 10-28-2008 - MinutesAgenda Report 1 November 12, 2008 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session October 28, 2008 — 4:00 p.m. I. _ROLL-CALL II. Present: Mayor Pro Tern Daigle, Mayor Selich, Council Council Member Gardner Excused: Council Member Herm, Council Member Rosans CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON In response to Council Member Gardner's"est Outdoor as Sole Bus Shelter Provider), City Mani doesn't affect Corona del Mar and asked Counci Channel was sold and staff nee, _ gotiate with In response to Mayor Pro Te.m Improvements), Deputy Public W City of Irvine. Webb; CALENDAR. Member Curry, regarding Item 7 (Clear Channel Bludau stated that the agreement continue the item because Clear owner. ng Item 11 (Jamboree Road that the right of way is in the Regarding Item ur Appeal), C�` Attorney Clausen stated that the applicant raised questions reg -Ting ; e ABC license that staff will review and if there is no agreement reached, them willneed to be contirle.d. Mayor Selicli ge A that there is no agreement between staff and the applicant, the i ill he continue o early 2009. 2. R C . R UPDATE. [100 -20081 Deputy Public Irks Direr Webb thanked Council for their efforts and introduced the consultants and aff that are working on the project. ioy6e "bert R. Coffee Architect, reported that the OASIS Senior Center building shased by approximately 12,500 square feet and will have the following: 54 moaces, 30 minute short term parking, drop-off access, a covered p g, improved dro areals on Wheels program, and a new wellness and fitness cente r; and is snew technology. He stated that he conducted interviews with staff, ds of OASIS, and teachers to get their input. The new facility will have bioswales for run -offs, low water use urinals, tankless water heaters, air conditioning systems that work with natural ventilation, and the building is being designed for a Silver LEED (Leadership in Energy and Environmental Design) certification. He also stated that the project is still on budget. In response to Council questions, Mr. Coffee stated that the accreditation for LEED is through Leadership Management in Washington, D.C. and the mechanical engineers handling the work need to be certified. The building will be commissioned after Volume 59 - Page I City of Newport Beach City Council Study Session October 28, 2008 it is completed. In response to Council questions, City Manager Bludau stated that the Finance Committee will discuss funds for the project at the end of this year. He also stated that if Council delays the plan to build, it will cause a hardship on the seniors and the cost will rise. Deputy Public Works Director Webb talked about the project schedule, cost, and the certification of the project. _' In response to Council Member Gardner's question, City Ma ger Bludau stated that it is important to understand the process of getting the buildin D certified. In response to City Manager Bludau's question Deputy lic Works Director Webb stated that the solar panels have a 20 year warranty. %ever,there are other efficiency based items that can be added the building that gives a points than Jr adding the solar panels. In response to Council Member Webb's ues stated that the contractors are prequa project this large. He also stated that the las are currently nine pre - qualified applications A� Deputy Public Works Director Webb screened to make sure they can handle a L,y to submit a bid is October 29 and there ed. He indicated that bids for other projects are coming in lower and he outlined other tional anticipated costs associated with the construction. Senior Services and Recreatio Director' stated that the relocation plan for classes includes use of the Newpo Theatre carch - mmunity centers, and libraries. She also stated that everyone is i rme nd plan to start moving in January and-noted that the City staff, Friends of the , and the lunch program will be relocated to 5th and Marguerite •ee trailers. thanked Evelyn Hart and Glen Perry for their fundraising eff s a thanked Couri : and staff for their support. Evelyn H express d the need for t�new senior center and stated that they worked hard for t " ears qne . 5 expressed her gratitude to staff and stated that they have app a y of the money that Council asked them to raise. 3. B LAG EES REPLACEMENT. [100 -20081 General Servi Direck` Harmon stated that representatives from the Balboa Improvement D rict (BID contacted staff and Council Member Henn about joining the City in a partn ship to fund the replacement of approximately 57 eucalyptus trees on ain Street an Balboa Boulevard. He noted that the Parks, Beaches & Recreation „omission approved the project and redesignated the trees to be the guadalupe palm. Park d Tr Superintendent Sereno and Urban Forester Conway showed a PowerPoint presenta that included the Balboa Village historical development, tree inventory details, a pictures of the current trees and proposed tree. They reported that they are experiencing problems with the eucalyptus trees because they are salt burned from being in the coastal area and have to be tied to a stake to keep them upright. They explained that the guadalupe palm tree is very slow growing and will be approximately eight years old when planted. In response to Council's question, General Services Director Harmon stated that the previous plan for eucalyptus trees failed and there are existing guadalupe palm trees that are doing extremely well in the City. He also stated that they are not susceptible to Volume 59 - Page 2 City of Newport Beach City Council Study Session October 28, 2008 disease, are very expensive, were chosen by the association, look good and he is confident that they will continue to do well. He noted that the trees will be phased in and the association will conduct fundraisers to contribute 50% of the cost. He indicated that the association is aware of how fast the trees grow and they understand that the trunk will be eight feet in height prior to being planted. He reported that staff has found a nursery to supply the trees and over 430 residents and businesses have been notified of the plan. He stated that the associations want to start their fundraising efforts a '0 in the future return to Council with a funding plan." City Manager Bludau agreed that staff made a mistake whe icking eucalyptus trees for the area and he believed that the committee focused. e look rather than the practicality. Elaine Linhoff believed that there are enough m trees in th ty, they are not attractive, staff showed the worst ones, the trees ere not properly take' re of causing them not to thrive, and it is too expensive to chgi"ge tttrees. Gray Stubs, Central Newport Beach Ass tion„cpressed concern about the upkeep of the sidewalks from fruit and nuts that th oduce. Paul McKelvey, President of the Balboa Poin t Association, stated that they have an interest in proceeding with the fundraising effo W.R. Dilding, stated that there ncil reports t£o a item and urged Council to read previous reports. Linda Grant believed that the eue yptus, ees were not in good shape when they were planted and that palm trees are for . e ert. 4. BIG CANYON` RESTORA N PROJECT UPDATE. (100 - 20081 Assistant C' ' Managbr Kiff reported t jtt they are experiencing a problem with selenium concentrates in the ig Canyon Creek lash and the problem can't be ignored. He noted that they can dslre oblem by replacing it with a saltwater marsh and tidal mudflat or i6' end the restoration project and start an entirely new effort that solely focus ' p�fi4media of selenium in the existing degraded ecosystem. He stated that the adl'emum is at ncern they need remediation efforts to get the source because they J,t ave done me men 3! the water and have not pinpointed where the selenium is coming from. l . also stat that the resource agency wants habitat for the pond turtle and he stated th it will cost about $220,000 for testing, and he will ask the watershed to '3. share the cost. 1ifWesponse to Council's question, Assistant City Manager Kiff asked for approval to prccW with the project with an amendment to the Mitigated Negative Declara ' ND). He also stated that there is a Regional Board meeting on November 20 for th ping of the Total Maximum Daily Load (TMDL) for Big Canyon and San Diego Cree s. City Manager Bludau expressed concern that the pond will pose an Environmental Impact Report (EIR) issue that could be a consequence. III. PUBL .C_COMMENTS - None IV. ADJQURr�LMENJ - Adjourned at 5:38 p.m Volume 59 - Page 3 City of Newport Beach City Council Study Session October 28, 2008 The agenda for the Study Session was posted on October 22, 2008, at 2:50 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 59 - Page 4 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 28, 2008 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSEDSES_S_ION- 5:38p.m. III. RECESS IV. RECONVENE AT 7;0_O.P.M_F( V. ROLL CALL Present: Council Member Rosansky, Mayor Pro Webb, Council Member Curry, Council M Excused: Council Member Henn VI. CLOSED - SESSION. REPORT - None qii VII. PLEDGE OF ALLEGIANCE - Council VIII. INVOCATION - Martha Korienek, Sai IX. PRESENTATI.O._NS No X. NOTICE.TO.THE PI LIC' 1"I WOULD_ LI -KE- REPORT -(NON_ Mayor Selich, Council Member and All Angels Episcopal Church MR-eMer-60drier a4 nced that the next meeting of the Task Force on Green lent will be 96% on We i*sday, November 5, at 9:30 a.m. in the Council Chambers. Member Curr}€ announced that on October 21, he and Council Member Gardner ted in the gro it�idbreaking ceremony for the Pelican Hills Road /North Newport Coast Mayor Pr`' Daigle eported that the Recreation and Senior Services Department and General Services Dep ment improved the landscaping around the sign at a community center in an effort to conserve watehe commended staff for looking at technology in order to improve efficiency and save money.:" Mayor Selich announced that he attended the Chamber of Commerce barbeque to honor Newport Beach firefighters and lifeguards on October 15; viewed "Morning Light" at the Newport Harbor Nautical Museum during its fundraiser on October 15, and attended the Chamber of Commerce Member Appreciation Breakfast on October 24. Volume 59 - Page 5 City of Newport Beach City Council Minutes October 28, 2008 XII. CON_SENT_CALENDAR A READING OF MINUTES/ORDINANCES AND RESOLUTIONS 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. I B. ORDINANCE FOR ADOPTION 3. ELIMINATING THE USE OF EXPANDED POL TYRENE DISPOSABLE FOOD SERVICE WARE WITHIN NEWPO EACH'S CORPORATE LIMITS. [100 -20081 Adopt Ordinance N 20 banning expanded polystyrene (Styrofoam®) food service ware Within Ne Beach's corporate limits. C. RESOLUTIONS FOR ADOPTION 5. DISABILITY RETIREMENTS OF ' CIT MPLOYEES; AND INDUSTRIAL DISABILITY RETIREMENT ' T MINATIONS OF LOCAL SAFETY EMPLOYEES WHO ARE ME .RS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS), A RESCINDING RESOLUTION NO. 2006 -27. [100 -20081 a) Adopt Resolution 2008 -89 delegating authority to the City Manager to act on,,hehalf of the City wit ' egard to disability retirements of City employees; b) est a procedure f dustrial disability retirement determinations of local safety s who a e members of PERS; and c) rescinding Resolution No. 006 -27. §. 6 ONTRAROFE ND AGREEMENV SERVIl S�' D. _ "AGREEMENT FOR THE PREPARATION OF AN E ;. ENTAL INT 'TACT REPORT FOR THE AERIE PROJECT (C- 4123tj [38/1 0 -20081 Receiver, '6nd file. 7. S�'IWTIO ; � -0 -C LEAR CH iNNEL OUTDOOR AS SOLE BUS SHELTER PROVE_,... ° ` Y OF NEWPORT BEACH (C- 2839). [381100- A INTRANET REDESIGN PROJECT - APPROVAL OF IONA °.SERVICES AGREEMENT WITH VISION INTERNET RS (0 121). [381100 -20081 Approve a Professional Services with Vision Internet Providers, Inc. of Santa Monica, for the redesign of Newport Beach website and intranet at a not to exceed price of I authorize the Mayor and City Clerk to execute the agreement. PROLSSIONAL SERVICES AGREEMENT FOR HISTORICAL NoITMENT SCANNING SERVICES FOR FY 2008 -2009 (C- 4122). [381100 - 81 Approve a Professional Services Agreement with MCO - Advanced Document Imaging Solutions for historical document scanning services in an amount not to exceed $50,000 for FY 2008 -2009. 10. BIRCH STREET PAVEMENT REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3792). [381100 -20081 a) Approve 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 Volume 58 - Page 6 City of Newport Beach City Council Minutes October 28, 2008 XIII. 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. JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD) - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING (C- 4071). [3'0 -20081 a) Approve a Professional Services Agreement with VA Consulting of me, for the Jamboree Road Improvements (Bristol Street North to Fairchild Road) project at a not to exceed price of $295,359, and authorize the Mayor a,f�t# City Clerk to execute the agreement; and b) approve a budget amendoXt (09BA•019) recognizing additional Measure M Competitive GMA fund�ss inf th ount of $250,000 from Orange County Transportation Authority (0, , A) and a priating $250,000 to Account No. 7284- C2002019 for the Jambor ead Improve is Project. 12. CENTRAL LIBRARY BOOKST E RENOVATION ACCEPT DONATIONS FROM TH FRIEND �F NEWPORT BEA LIBRARY AND APPROVE AMENDM T PROFESSIONAL SERVICES AGREEMENT WITH LANDW KS C. (C-4006) [381100 -20081 a) Approve a budget amendment (09BA•020) nizing contributions in the amount of $200,000 from Friends of the Newpo each Library for improvements to the Central Library Bookstore Renovation et and appropriating $200,000 to Account No. 7011•C100 8; and b) approve ndment No. 2 to the Professional Services Agreement wi rks, LLC for tonal design and construction engineering services in at e am 24,500 as authorize the City Manager and City Clerk to execute e amend E. MISCELLANEOUS 13. APPOI NTS TO T CONOMIC DEVELOPMENT COMMITTEE. [100 -2 81 ansfer incum nt EDC member Jim Donnell to fill the vacancy rep enting ashion Island /lwport Center and appoint Jeffrey Cole to fill the the Consent Calendar. except for the items removed (1 & d note a continuance of Item 7. The m n carried b e folio roll call vote: s: Council Membe sanskyMayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Membe urry, Council Member Gardner t: Council Membe' enn ITEM MOVED F[20M THE _CONSENT _CALENDAR 1. MI S F THE ADJOURNED REGULAR AND REGULAR MEETING OF OCTO 14, 2008. [100 -20081 Waive reading of subject minutes, approve as written and orde filed. Council Member Gardner requested that Oral Reports (Page 603) be amended to read, "...drafted a proposed ordinance" Motion by_Council Month rGazAner to approve the amended minutes. The motion carried by the.following roll call vote: Volume 58 - Page 7 City of Newport Beach City Council Minutes October 28, 2008 XIV. Ayes: Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Absent: Council Member Henn 4. SEJOUR EUROPEAN BISTRO & LOUNGE APPEAL - 3400 VIA LIDO - REVOCATION OF USE PERMIT NOS. 2001 -005 AND 2002 -034 (PA2002 -167) (contd. from 10114108). 1100 -20081 Planning Director Lepo reported that the following conditions that are listed in the staff report have been amended: Condition 1 (clarifies that Wine tasting is in conjunction with the retail wine sales), Condition 4 (amends the Ian,. age so that each wine tasting is conducted pursuant to the Department of Alcoho nd Beverage Control regulations for wine tasting), and Condition 5 (amends the lang so that the gross sales for onsite wine tasting does not exceed the gross retail salessnnd the Type 21 ABC license during the same period). He confirmed that casual se g will b ermitted in Unit A2 and discussed advertising. He reported that Christine Overstreet, ejour owner, agrees with the revisions- Motion b Mayor Pro _....TE??...,D, a to adopt Res ion No. 2008-88, as amended, revising or deletin conditions of approvaf¢ontained in Planning Commission Resolution No. 1762 {ollows: a) amend Conditional to clarify that wine tasting is in conjunction with retaine sales, the primary and principle use of the establishment as retai es will be conducted in Unit Al, and wine tasting and education seminars will be cond Unit A2; b) "'A' end Condition 2 to allow casual seating in Unit A2 (dining tables ai to allow seating at the win ta: done pursuant to the Depa` -tm wine tastingz..e) amend Con ti exceed the' gross retail sales amend Condition 7 to allow, tast*„and wine educational operati64_to 12;00 a.m. midni� hall be pro, -* ited in both areas); c) delete Condition 3 d) amen Condition 4 so that each wine tasting is �o�f., c nd ' everage Control (ABC) regulations for Krc that t ss sales for onsite wine tasting does not ar the Type 21 ABC license during the same period; f) ited appetizers to be served in conjunction with wine minars; g) amend Condition 8 to extend the hours of on weekends (Friday, Saturday, and Sunday); h) delete kitchen" restriction; and i) amend Condition 13 to allow The moth carriby the following roll call vote: Ayes: Co cil Meml%r Rosansky, Mayor Pro Tern Daigle, Mayor Selich, Council Member We, CouncilVlember Curry, Council Member Gardner Absent: Coulicil Member Henn Mayor Pro T aigle stated that the Aviation Committee received a report about the Go Local Program from onsultant Peggy Ducey relative to traffic created by John Wayne Airport (JWA). Mayor Selich announced that the City Hall Design Committee will be bringing a recommendation to Council at the November 12 meeting. He noted that displays of the five City Hall proposals are located at City Hall, the Central Library, and Newport Coast Community Center. XV. PUBLIC COMMENTS -None XVI. PLANNING COMMISSION AGENDA AND ORAL STA'T'US REPORT Volume 58 - Page 8 City of Newport Beach City Council Minutes October 28, 2008 14. PLANNING COMMISSION AGENDA FOR OCTOBER 23, 2008. [100 -2008] Planning Director Lepo reported on the following Planning Commission item: Hyatt Regency Newport Beach Expansion (PA2005 -212) - 1107 Jamboree Road. XVII. CONTINUED B.U..SINESS_ 15. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE CITY COUNCIL PRIORITIES FOR 2008. [100 -2008] City Manager Bludau provided a status report on the,Ilowing six Council priorities: new City Hall, Facilities Financing Plan (FFP), group residential homes, Water Quality Master Plan (WQMP), benchmarking, and the Banning I3nch property appraisal. City Attorney Clauson reported on a case against the City by Pacific Shores. In response to Mayor Pro Tem Bludau discussed budget alloca7 will also involve how it affects ac Without objection, the staff report 16. REVIEW THE Cf'IaICIL 9 F� COMMITTEES LIST,); 11, COMMITTEES. [100-2- 81 City Manager Bludau discussed eliminate�,yrrd Hoc Committee (PROP ity- School Ad Hoc :M 4th 4st Newport Safety Plarin 1/1 1Vfe'orial Committee, City VI y Ad Hoc =recruitment Committeg. relative to the group homes regardIthe WQMP, City Manager and confirdW.that budget discussions and filed. BOARDS, COMMISSIONS AND SUNSETTING OR ELIMINATING °comiq es" that may potentially be sunsetted or Promote t Revitalization of the Balboa Peninsula iittee, Oil and Gas Field Operations Committee, July Committee, Neighborhood Traffic Calming Committee, k Ad Hoc Recruitment Committee, and City Attorney He also also discussed how issues could be handled ed that he will bring back a resolution at the next Council %mber -I ardner believed that the Newport Coast Advisory Committee (NCAC) should be snsetted'o %ztce the committee has met its main goals relative to the annexation and the co unity center; however, she will contact the committee for their input. She also recom nded changing all committee membership guidelines so that a committee lnember care replaced after three consecutive excused absences, as opposed to just three %Psecutivetunexcused absences. ember Rosansky indicated that the July 4th West Newport Safety Planning requested that the committee not be sunsetted. Motion bv_- Council Member._Webb to bring back a resolution at the next Council meeting to sunset or eliminate committees. The motion carried by the following roll call vote: Ayes: Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Absent: Council Member Henn Volume 58 - Page 9 City of Newport Beach City Council Minutes October 28, 2008 XVIII. CIIRRENT_BUS.INESS 17. REVENUE AND INVESTMENT UPDATE. (100 -20081 Administrative Services Director Danner reviewed the four main sources of City revenue (secured property tax, Transient Occupancy Tax (TOT), business licenses, and sales tax), revenue indicators, and the City's financial status. He emphasized that it is still early in the fiscal year to make revenue predictions, but the City currently appears to have net positive revenue. He noted that staff will bring a report back at a Study Session to explain how the City collects business license tax and to discus$ enforcement. He stated that the City's sales tax revenue is very diversified; however,ere is a decline in sales tax receipts for the current fiscal year. He reported on the investment policy, the five money managers and investment advisors the City utilizes and the investment firms reporting requirements. City Manager Bludau notedY h t al fye investment advisors were invited to the meeting but only two could attend,tanight. 1 %n Rod Olea, Director of Fixed Income for City National Ba Nrtfollisc, ussed their reporting and meeting requirements, and reviewed the ti#ivestment poHe noted that the City's portfolio is safe, has high liquidE#yI and is+ competitive. s_ Marty C assell, CEO of Chandler Ash Management, discussed the company and how the safety of their clients' portfolio is `their primary focus. He also discussed economic indicators, basic guidelines for managing the City's portfolio, and how the City's portfolio is diversified and doing t`��r r Lori Morris believed that' he sales trend is the City's revenue indicator for the rest of !i the year, expressed concAri about tb� i �ssumptiois made, asked what position the City will be in 40 e e assumptiond are inp6irect and ok issue with spending millions to replace City faGlies k asked if foreclosures and discounted principles were considered when (L i tax assumotioias. Mana Bludat *:Rhgized that since payments for the different revenues are rece ' \ts r%erent times during the budget cycle, the City will not know the impact of the ec d6- Wnturn until the end of the fiscal year. He reported that if the City does not m budg Council will need to make budgetary decisions relative to cuts or utilizirve furift Admini strative Services Director Danner discussed Council Policy F -3 (Budged Adoption and Administration) and reported that the City has about $60 million in #s General Fund reserves. He further explained how reassessed property valuations Will only affect the City's property tax revenues by about $300,000. Ma or S�lich emphasized that the amounts discussed are revenue projections, the City will . • `Ytor the funds throughout year, and will make adjustments if needed. In response to Council questions, Administrative Services Director Danner confirmed that the City's current PERS actuarial analysis decreased 1% but the current economic issues will not be reflected in the actuarial yet. Regarding the TOT, he noted that the Pelican Hills Resort was not considered in the budget trends because it will not open until November 26. He confirmed that the City's budget projections have been consistently conservative over the past 18 years and described how the City handled the economic downturn in the 1990s. He also explained why the City received a financial award (Helen Putnam Award) from the League of California Cities at the October 14 meeting. Volume 58 - Page 10 City of Newport Beach City Council Minutes October 28, 2008 Without objection, the staff report was received and filed. 18. TEMPORARY EXTENSION OF THE LENGTH OF TIME PERMITTED FOR THE DISPLAY OF PROMOTIONAL TEMPORARY BANNERS. (100 -2008) Assistant City Manager Wood reported that the Economic Development Committee recommended the temporary banner extension from 60 days to 120 days until the end of 2009 to assist businesses during these economic times, and that staff is recommending that businesses be allowed to advertise eight times a year, instead of just four times a year, not to exceed 120 cumulative days. She corf ed that none of the other sign regulations are changing. ,1 Motion.by Council Member Curry to adopt 1�p.Jolution No. 2008 -90 allowing businesses to display promotional temporary banners.: ?for 0 days per calendar year through December 31, 2009.1 The motion carried by the following roll call vote: Ayes: Council Member Rosan Mayor Pro Tem Daigle, M r Selich, Council Member Webb, Council Membe urry Council Member Gardner Absent: Council Member Henn XDi M_.OTION FOR gECONSIDE�ATION None z XX. ADJOURNMENT - Adjourne 23 p.m. in memory of Martha George to Saturday, November 8, 2008, at 8:30 a Faux but Hotel, 4500 MacArthur Boulevard [Salt Creek Boardroom] - Closed Session ( itv Att ngk kntervieWs) The agenda for City Hall Bul e Building. City Clerk posted -'on October 22, 2008, at 2:50 p.m. on the of the City of Newport Beach Administration Recording Secretary Mayor Volume 58 -Page 11