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HomeMy WebLinkAbout08/10/2010 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes City Council Regular Meeting August 10, 2010 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 4:42 p.m. A. Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9(a)): Three matters: 1. Pacific Shores o. Newport Beach, U.S. District Court Case No. SACV 08- 00457 AG (PLAx) 2. Newport Coast Recovery and Yellowstone Recovery u. City of Newport Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx) 3. Cross -Claim Against Morningside Recovery as the only remaining portion of the Concerned Citizen's v. City of Newport Beach, U.S. District Court Case No. SACV 08. 00192 -JVS (RNBx) B. Conference with Real Property Negotiators (Government Code r 54956.8: One matter: Property and Property Owner/Negotiators: 1 - Street Address: (No address, property bounded by Jamboree Rd., MacArthur Blvd, & SR 73); APN: 427 - 242.07; Owner: City of Newport Beach 2 - Street Address: 19752 MacArthur Blvd., Irvine, CA; APN: 445 - 132 -09; Owner: First California Bank 3 - Street Address: 19742 MacArthur Blvd., Irvine, CA; APN: 445 - 132 -I1; Owner: Bates Johnson Bldg., Ltd. 4 - Address: 19712 MacArthur Blvd., Irvine, CA; APN: 445 - 132 -18; Owner: CIP Centerpointe 123, LLC City Negotiator: Steve Badum, Public Works Director, and Dave Webb, City Engineer Under Negotiation: Right of way for the Jamboree Road Improvement Project (Jamboree Road between Bristol Street North to Fairchild Road) C. Public Employee Performance Evaluation (Government Code § 54957(bZ( The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of one public employee. Title. City Attorney Volume 59 - Page 553 City of Newport Beach City Council Minutes August 10, 2010 III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VI. CLOSED SESSION REPORT - No reportable action taken. V. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle VII. PLEDGE OF ALLEGIANCE - Council Member Selich VIII. INVOCATION - Reverend Robert Jordan Ross, Newport Universalist Society IX. PRESENTATIONS Proclamation to Sandy Segerstrom Daniels for her, work as the founder and Executive Director of the Festival of Children Foundation and her leadership in making September National Child Awareness Month - Mayor Curry presented the proclamation and thanked Ms. Daniels for her hard work. Ms. Daniels thanked Council for their support and invited residents to attend the festival at South Coast Plaza to highlight children's charities and their programs. Presentation of Plaques to Outgoing Boards and Commission Members - Mayor Curry recognized and thanked Gregory Ruzicka, John Corrough, and Scott Peotter for serving the City as a member of one of the Boards and Commissions. Mr. Ruzicka thanked Council for the recognition and expressed appreciation for having the opportunity to serve. Mr. Corrough thanked staff and Council for their support. Mr. Peotter stated that it was a privilege to serve on the Planning Commission. Recognition to Charter Update Commission Members - Mayor Curry thanked the Charter Update Commissioners for serving the City and provided them with Certificates of Appreciation. On behalf of the Charter Update Commission, Chairperson Bergeson thanked Council and staff, and provided a special recognition to Mayor Pro Tem Henn for doing a superb job. Crystal Cove Alliance's Educational Programs - Mayor Curry read the proclamation and presented it to Harry Helling and Laura Davick. Council Member Daigle commended the Crystal Cove Alliance (CCA), stating that they are a great asset to the community and deserve a lot of credit. She also commended the State Parks and Recreation for their leadership and noted that the Pelican Hill Resort will be hosting the Crystal Cove Alliance's 8th Annual Beach Gala Runner's and Jazz on the Beach at 6:00 p.m. on Saturday, September 25, 2010. Council Member Webb encouraged residents to reserve cottages. Mr. Helling and Ms. Davick thanked Council for the recognition and stated that the City's recognition raises public awareness. Employee Recognition - City Manager Kiff recognized Council Member Webb for providing 40 years of service to the City as an employee and Council Member. Council Member Webb thanked his family and City staff for their support. X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR Volume 59 - Page 554 City of Newport Beach City Council Minutes August 10, 2010 REPORT (NON- DISCUSSION ITEM) Council Member Daigle stated that the Santa Ana Heights Fire Station has been integral to the City, discussed the first life they saved, and expressed appreciation to all City public safety personnel. Council Member Gardner requested that the renaming of the new OASIS Senior Center after Evelyn Hart be referred to the Parks, Beaches, and Recreation Commission (PB &R). Council Member Webb announced that he attended the Arts Commission band concert and expressed his support for continuing the event. Council Member Selich thanked and complimented the General Services Department for cleaning up vandalism on Balboa Island and expressed appreciation for their efforts to keep the City clean. Mayor Pro Tem Henn announced that the first steps were taken to plan Lido Marina Village, Via Lido Plaza, and the City Hall site and also announced that he and the Mayor attended an informational meeting with seven prospective bidders for the project. He briefly discussed the project and commended the consultant. Mayor Curry congratulated the Newport Sunrise Rotary Club for an excellent 2nd Annual Lobsterfest and announced that there will be a "Meet the Mayor" on Saturday at 9:00 a.m. at the Santa Ana Heights Fire Station. XII. CONSENT, CALENDAR A. READING OF MINUTESIORDINANCES AND RESOL UTIONS 1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETING OF JULY 27, 2010. 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. ORDINANCE NO. 2010 -14: OFF - PREMISES MASSAGE PERMITS. [100- 20101 Introduce Ordinance No. 2010 -14 relating to off - premises massage permits, and pass to second reading on September 14, 2010. D. RESOLUTION FOR ADOPTION 5. APPROVE A RESOLUTION DEFINING THE "ENGINEERING NEWS RECORD - CONSTRUCTION COST INDEX" AS THE MEANS TO ANNUALLY ADJUST THE MINIMUM CONTRACT AMOUNT REQUIRING FORMAL BIDDING AS DEFINED IN THE CITY CHARTER AMENDMENT BEING PLACED ON THE NOVEMBER 2, 2010 BALLOT [391100 -20101 a) Adopt Resolution No. 2010 -98 approving the "Construction Cost Index," as developed and maintained by the "Engineering News Record," to annually increase the minimum construction contract amount requiring formal advertisement and bidding as a result of inflation, and Volume 59 - Page 555 City of Newport Beach City Council Minutes August 10, 2010 authorize the Mayor and City Clerk, on behalf of the City Council of Newport Beach to execute the Resolution. E. CONTRACTS AND AGREEMENTS 6. CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT REJECT ALL BIDS FOR CONTRACT NO. 4315. [381100 -20101 Reject all bids. 7. PUBLIC DOCK ACCESS IMPROVEMENTS - 15TH, 19TH, AND FERNANDO STREETS - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4110. [381100 -20101 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials bond 35 days after Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 8. WEST NEWPORT LANDSCAPING PROJECT - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4338. [381100 -2010] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) 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 c) release the Faithful Performance Bond one year after Council acceptance. F. MISCELLANEOUS 9. PLANNING COMMISSION REPORT FOR JULY 29, 2010 AND AGENDA FOR AUGUST 5,2010.1100-2010] Receive and file written report. 10. CONTRACT WITH FORMER CITY EMPLOYEE, THOMAS VOTH (C- 4593). [381100 -2010] Authorize the City Manager to execute a Temporary Employment Agreement (TEA) with a former employee, Mr. Thomas Voth, to assist the Police Department and the Orange County District Attorney's Office with pre -trial and trial work on the McLaughlin homicide case (NBPD Case #94- 14897) 11. ACCEPTANCE OF 2010 -2011 STATE OF CALIFORNIA, OFFICE OF TRAFFIC SAFETY (OTS), DUI ENFORCEMENT AND AWARENESS PROGRAM GRANT (AL1155). [100 -2010] a) Accept grant funding from the Office of Traffic Safety (OTS) in the amount of $222,355 to fund a Driving Under the Influence (DUI) Enforcement and Awareness Program, as outlined in grant number AL1155; b) approve Budget Amendment No. 11BA -002 in the amount of $222,355 for the Police Department Budget for Fiscal Year 2010/2011 to fund the OTS, DUI Enforcement and Awareness Program grant; and c) authorize the Administrative Services Director to establish revenue and expenditure accounts to facilitate the administration of these grant funds. 12. TASTE OF NEWPORT BANNERS - APPROVAL OF ENCROACHMENT PERMIT N2010 -0186. [100 -20101 Conditionally approve the request of the Newport Beach Chamber of Commerce for the installation of 169 banners, from August 24, 2010, to September 22, 2010, for the annual Taste of Newport. Installation will be along Westcliff Drive, Jamboree Road, MacArthur Volume 59 - Page 556 City of Newport Beach City Council Minutes August 10, 2010 Boulevard, Newport Boulevard and Coast Highway 13. STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2011. 1100 -20101 Approve the Statement of Investment Policy, as amended by the City Treasurer and the Finance Committee, and adopt amended policy for Fiscal Year 2011. 15. HEIGHT RESTRICTION ON KING PALM TREES AT THE OASIS SENIOR CENTER. [100 -20101 Receive and file the attached letter placing a height restriction on the King Palm trees at the OASIS Senior Center. 18. AMENDMENT NO. 3 TO A COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF TOTAL MAXIMUM DAILY LOADS IN NEWPORT BAY (TMDL) (C- 3621). [381100 -20101 Authorize the Mayor to sign and execute Amendment No. 3 to the 2003 multi- agency Cooperative Agreement to fund Nutrient, Fecal Coli£orm and Toxics Total Maximum Daily Load (TMDL) Studies, Projects & Programs in the Newport Bay Watershed. Motion by Mayor Pro Tem Henn. seconded-by Council Member Rosansky to approve the Consent Calendar, except for Items removed (4, 14, 16 & 17). The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 7.04.030 OF TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO ANIMALS PROHIBITED ON PUBLIC BEACHES. [100 -20101 Shirley Reinker urged Council to uphold the Ordinance as previously introduced. Mayor Curry suggested that Council refer the item back to the Parks, Beaches & Recreation Commission for more discussion. Greg Reinker suggested that the signage be updated and provided an example. Melody Zia believed that dogs should be allowed on the beach with restrictions to certain areas. Motion by Mayor Curry, seconded by Council Member Webb to refer the item back to the Parks, Beaches & Recreation Commission for further discussion about the specific times, hours, and locations. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 14. UTILITY CONNECTION GRANT PROGRAM POLICY. 1100 -20101 Economic Development Coordinator Bowden discussed the policy document associated with the proposed Utility Connection Grant Program and provided a handout. Volume 59 - Page 557 City of Newport Beach City Council Minutes August 10, 2010 Council Member Rosansky expressed support for the program if the funds are provided to needy families, stated that the eligibility guidelines are not clear, and suggested that the eligibility guidelines include multi - residential owners. In response to Council Member Rosansky's question, Economic Development Coordinator Bowden explained how applicant's assets are calculated to determine their eligibility for the program and stated that duplex homes can be added by allowing the owner to subsidize their primary unit and pay for the connection to the rental unit. Following discussion, Special Projects Consultant Wood clarified that the income eligibility will be changed to 50 %. Motion _by_ Council Member Rosansky, -seconded by Council Member Gardner to approve the amended policy document associated with the proposed Utility Connection Grant Program changing the income eligibility to 50% of the Orange County Area Median Income and allow owner - occupied duplexes to be included to the extent that the grant will only apply to the owner occupied portion of the property, thereby allowing staff to move forward with the creation and implementation of the program. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 16. FORMATION OF A CITIZENS BICYCLE SAFETY COMMITTEE. [100 -20101 In response to Council Member Daigle's question, City Manager Kiff stated that the City can implement more educational programs for bicycle safety and that the first task of the Citizens Bicycle Safety Committee is to develop a work plan with a timeline. Council Member Gardner suggested that the Committee meet with the Police Department. Public Works Director Badum stated that the Committee will develop their own work plan and decide if they want to pursue revisions to the bicycle map and develop more outreach programs. Mayor Curry stated that staff works hard to make sure that the streets are safe and noted that the Committee will be looking into safety enhancements. Motion by Council Member Gardner. seconded by Council Member Webb to a) Adopt Resolution No. 2010 -99 establishing a seven - member Citizen's Bicycle Safety Committee to make recommendations to improve efficiency; and b) direct the City Clerk to invite members of the public to apply to be appointed to the Citizen's Bicycle Safety Committee. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 17. FOURTH QUARTERLY REPORT ON PERFORMANCE MEASURES. [100 -20101 Mayor Curry commended City Manager Kiff for providing an informative report that clearly shows how the City measures performance. City Manager Kiff thanked the City staff and Special Projects Consultant Wood for their hard work and discussed some of the performance measures. Volume 59 - Page 558 City of Newport Beach City Council Minutes August 10, 2010 Motion-by-Mayor Curry, seconded by Council Member Webb to receive and file. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Gardner reported that the Harbor Commission will be bringing issues to Council for review or direction in the next two months. XV. PUBLIC HEARINGS 19. VIA LIDO INTERIM STUDY OVERLAY (PA2010 -081) - 3388 VIA LIDO - CODE AMENDMENT NO. (CA2010 -006) - STUDY PLAN. [100 -20101 Assistant Planner Nova reported that the applicant wishes to convert the upper three floors to two residential dwelling units and noted that the neighboring units are not opposed to the garage as long as the applicant adds vegetation screening. She provided a PowerPoint that included an aerial map, off -site parking lot location, current general plan map, and current designation information. In response to Council Member Gardner's question, Assistant Planner Nova stated that the interim study process provides a unique opportunity for the applicant because it establishes its own development standards for the property, noted that since the structure is existing it is exempted from CE QA requirements, indicated that offsite parking is available in the area, and discussed the current parking requirements. Matt Montgomery, representing Bayfront Holdings, explained the current parking issues, noted that the building will be compliant with current building regulations after the renovations, and highlighted the updates to the building. Robin Donaldson, architect, explained the proposed changes stating that the building will not impede the existing pathway, will be changed to mixed -use, landscaping will be updated, the view plane to the bay will be opened, and the parking will be renovated. In response to Council Member Webb's question, Mr. Donaldson stated that they will seek an agreement with the neighbor to allow use of one feet of their property. Motion by Mayor Pro Tem Henn. seconded by Council Member Selich to introduce Ordinance No. 2010 -15 approving Code Amendment No. CA2010 -006 with the associated Study Plan, and pass to second reading on September 14, 2010. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 20. NEWPORT COMMERCE PLAZA. [100 -2010] Assistant Planner Bunim reported that the project will need to be re- noticed and the item continued to the September 14, 2010, meeting. He asked Council to approve the introduction of the ordinance to amend the land use designation from industrial use to office use. Volume 59 - Page 559 City of Newport Beach City Council Minutes August 10, 2010 In response to Council questions, Assistant Planner Bunim explained that the Planning Commission discussed the parking requirement and noted that the applicant is removing 121 compact spaces to allow for 40 standard parking spaces. City Attorney Hunt explained that the public hearing can be conducted during the second reading of the ordinance to keep the project on track and stated that if significant changes are made at the public hearing, another second reading will need to be conducted. Motion by Council Member Daigle seconded by Council Member_ Rosanskv to introduce Ordinance No. 2010 -16 approving Planned Community Development Plan Amendment No. PD2010 -002, and pass to second reading on September 14, 2010. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem. Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 21. MORNINGSIDE RECOVERY DEVELOPMENT AGREEMENT. [68 1100 -2010] City Manager Kiff asked Council to continue the item to September 14 to allow the City the opportunity to address unresolved matters with Morningside Recovery and to allow the public time to review the report. Willis Longyear expressed concern about the applicant moving in before approvals are granted and believed that the facility will not comply with State Law. Ted Robinson stated that he did not receive a public notice and expressed concern that a rehabilitation facility will be placed in a residential area. Guy Tinder stated that having a rehabilitation facility in the area will cause disruption to the current residents and expressed concern for his family's safety. Fatima Geiniger stated that the community association's CC &R's does not allow businesses to be located on Lido Isle and urged Council to consider the City in its entirety. Julie Ackerman believed that the rehabilitation environment is threatening, stated that there is no way to avoid the occupants because the facility will be located at the entrance /exit, expressed concern for proper security, asked for resources to access information about the upcoming hearings, and also expressed concern that the occupants are not kept within the facility. Dr. Jay Westphal expressed opposition to the rehabilitation facility, expressed concern for current resident's safety and security, believed that the facility does not serve the community, indicated that the success rates are low, and expressed appreciation to Council for considering the matter. Nancy Kriz expressed opposition to the rehabilitation facility, indicated that the rules of the CC &R's will be broken if the agreement is approved, and stated that she look forward to meeting with staff to discuss other concerns. Dick Cruce asked staff to clarify the City's liability under CEQfA. In response to questions, City Attorney Hunt explained that the City is reviewing multiple laws that deal with the facility, explained that CEQA only deals with Volume 59 - Page 560 City of Newport Beach City Council Minutes August 10, 2010 environmental impacts, stated that the CC &R's are not enforced by the City, indicated that he understood the concerns regarding security, noted that the facility will have to comply with Federal and State laws, discussed the proposed development agreement, and noted that staff will be present at the Lido Isle Association board meeting to address additional questions. Motion by Council Member Webb, seconded by Council Member Gardner to continue Development Agreement No. DA2010 -001 to September 14, 2010. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XVI. PUBLIC COMMENTS Michelle Wulfestieg thanked Council Member Daigle for sharing her story, expressed gratitude to the fire personnel at the Santa Ana Heights Fire Station for saving her life, and invited residents to attend the fundraising event for the Southern California Hospice Foundation at the Newport Beach Winery and Vineyard on September 10, 2010, from 6:30 p.m. to 10:30 p.m. to help raise funds for terminally ill patients. Matthew Thomas discussed Responsible Business Service (RBS) training. XVII. MOTION FOR RECONSIDERATION Council Member Rosansky asked that Council reconsider the Cliff Drive Appeal (PA2009- 149) (Item 17 from the July 27, 2010 Council Meeting) to allow the applicant an opportunity to address issues. Buzz Person, counsel for the applicant, asked Council for 60 days to allow him time to research the project and talk to staff to try to resolve the issues. City Attorney Hunt informed Council that they can reconsider the item with no set hearing date. Motion by Council Member Rosansky, seconded by Council Member Selich to reconsider the Cliff Drive Appeal (PA2009 -149) at the October 12, 2010 meeting. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XVIII. ADJOURNMENT - Adjourned at 9:05 p.m. in memory of Ruth Dalton. The agenda for the Regular Meeting was posted on August 4, 2010, at 4:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary Volume 59 - Page 561 City of Newport Beach City Council Minutes August 10, 2010 LPL i 6N� City Clerk za Mayor Volume 59 - Page 562