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HomeMy WebLinkAbout01/11/2011 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes City Council Regular Meeting January 11, 2011— 7:00 p.m. 1. STUDY I - 4:00 p.m II. CLOSED SESSION - 6:15 p.m A. Conference with Legal Counsel - Existing Litigation (Government Code 5 54956.9 (a)): Two matters: 1. City of Newport Beach u. Bach Bay Court, LLC, Orange County Superior Court Case No. 30- 2010. 00385190 2. Mead o. City of Newport Beach, Orange County Superior Court Case No. 30 -2010- 00342608 B. Conference with Legal Counsel - Anticipated Litigation - Exposure to Litigation (Government Code $ 54956.9(b)): Two matters: 1. Potential exposure to litigation arising from threat of violation from California Coastal Commission for brush clearance allegedly being performed without a Coastal Development Permit on City Sunset Ridge Park property prior to City ownership. 2. Potential exposure to litigation from allegations that the Morningside Zoning Agreement was not properly adopted under state law. C. Public Employee Performance Evaluation (Government Code 6 54957(b)(1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of three public employees. Titles: City Manager; City Clerk; and City Attorney D. Conference with Real Property Negotiator (Government Code 4 54956.8): Property: 19752 MacArthur Blvd, Irvine, APN 445 -132 -009 City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer Negotiating Parties: South Coast Thrift & Loan (First California Bank) Under Negotiation: Price and Terms of Payment Property: 19742 MacArthur Blvd, Irvine, APN 445 -132 -011 City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer Negotiating Parties: Bates Johnson Building, Ltd. Volume 60 - Page 5 City of Newport Beach City Council Minutes January 11, 2011 Under Negotiation: Price and Terms of Payment Pronertv: 19712 MacArthur Blvd, Irvine, APN 445 -132 -018 City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer Negotiating Parties: CIP Centerpoint 123, LLC Under Negotiation: Price and Terms of Payment III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle VI. CLOSED SESSION REPORT City Attorney Hunt reported that, regarding II.B.2 (potential litigation relative to Moraingside Zoning Agreement), Council unanimously authorized the defense of the matter if it is filed, but instructed staff to keep the lines of communication open since the filing party is a citizens group from the City. VII. PLEDGE OF ALLEGIANCE -Council Member Hill VIII. INVOCATION - Mr. Frank Carpenter IX. PRESENTATION Junior Lifeguard of the Year Fire Chief Morgan highlighted the accomplishments of 9 year old Junior Lifeguard, Christopher Hughes, and provided him with a certificate and scholarship check. He also introduced Lifeguard Battalion Chief Rob Williams, Lifeguard Captain Brent Jacobsen, Junior Lifeguard Instructor Jenna Murphy, and Junior Lifeguard D Group Leader Jeff Pratt. X. NOTICE TO THE PUBLIC NO DISCUSSION ITEM) Council Member Daigle announced that she attended the swearing -in ceremony for Supervisor Moorlach, along with Council Member Hill; Aviation Consultant Tom Edwards, and many members of Air Fare, the Airport Working Group (AWG), and the Santa Ana Heights PAC. She noted the importance of working with Supervisor Moorlach on airport issues. Council Member Curry announced that February 6 marks the centennial birth of former President Ronald Reagan and that, on January 27, the Lido Theater will be premiering Ronald Reagan An American Journey. He noted that, if approved; Item S27 will allow the City to accept private donations to be used toward the creation of a statue or similar work honoring former President Ronald Reagan. Council Member Selich requested that Council discuss the property at 443 Harbor Island Drive at a Volume 60 - Page 6 City of Newport Beach City Council Minutes January 11, 2011 future meeting since it has been sitting uncompleted for four years. Mayor Henn discussed the boat parade, announced that the boat parade awards ceremony will take place on January 28, stated that the Lido Village conceptual plan was discussed at the study session and will be recapped at Speak Up Newport on January 12 at 6:00 p.m., announced that he attended the Yacht Association Installation, announced that Restaurant Week will be held January 21 to January 28, reported that Council will conduct its annual priority setting meeting on February 5 at 8:30 a.m. at the OASIS Senior Center, announced that the Mayor Facebook page will be started shortly, and stated that he intends to continue the Meet the Mayor sessions throughout the City during his term. NIL CONSENT CALENDAR A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE SPECIAL MEETING OF DECEMBER 6, 2010 AND REGULAR MEETING OF DECEMBER 14, 2010. Waive reading of subject minutes, approve as amended, and order filed. Council Member Daigle requested that the December 6 minutes be amended to indicate that she believed that the Balboa Yacht Basin rates should be the same as Cal Rec rates; and that the December 14 minutes be amended to reflect that she expressed her gratitude to everyone. 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. C. RESOLUTIONS FOR ADOPTION 5. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2011 UNDER THE CITY'S CONFLICT OF INTEREST CODE. Adopt Resolution No. 2011 -2 adopting the 2011 Designated Employees List. 6. CITY COUNCIL'S REGULAR MEETING CALENDAR FOR 2011. Adopt Resolution No. 2011 -3 relating to the City Council's 2011 meeting calendar. 7. ADOPT A RESOLUTION TO SUBMIT AN APPLICATION TO ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) FOR FUNDING UNDER THE MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM (CTFP). Adopt Resolution No. 2011.4 approving the submittal of the Newport Beach Widening Project to the OCTA for funding under the M2 CTFP. 8. RESOLUTION RELATING TO ADOPTING. MOORING SUB - PERMIT FEES. Adopt Resolution No. 2011 -5 establishing mooring sub - permit fees, effective immediately, as recommended by the County Board of Supervisors. D. CONTRACTS AND AGREEMENTS 11. 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT - AWARD OF CONTRACT NO. 4561. a) Approve the project plans and specifications; b) award Contract No. 4561 to Grigolla & Sons Construction Company, Volume 60 - Page 7 City of Newport Beach City Council Minutes January 11, 2011 Inc. (Grigolla & Sons) for the total bid price of $475,370.00, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $95,000, approximately 20 percent, to cover the cost of unforeseen work and anticipated work not included in the original project limits. 12. OASIS SENIOR CENTER REBUILD PROJECT - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3888. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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. 13. EASTBLUFF PARK AND BONITA CREEK PARK RECYCLED WATER RETROFITS - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4134. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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. 14. CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT (CONTRACT NO. 4315) - BUDGET AMENDMENT FOR CONSTRUCTION SUPPORT SERVICES. Approve Budget Amendment No. IIBA -021 appropriating $20,000.00 from unappropriated AQMD Fund Balance 290 -3605 to Account No. 7290 - C8002014. 15. AMENDMENT NO. 2 TO CONTRACTOR AGREEMENT WITH MERCHANTS LANDSCAPE SERVICES, INC. TO PROVIDE LANDSCAPE MAINTENANCE FOR CITY MEDIANS AND ROADWAYS. Approve the amendment to the existing agreement with Merchants Landscape Services, Inc. for the landscape maintenance at OASIS Senior Center at a cost of $50,000 per year. 16. CONTRACT AGREEMENT WITH RAINBOW DISPOSAL TO PROVIDE REFUSE COLLECTION SERVICE AT CITY BEACHES. Approve the ten year agreement with Rainbow Disposal for the collection of beach refuse containers at a cost of $127,441 per year. 17. JUSTICE ASSISTANCE GRANT - ANNUAL AWARD. a) Approve the agreement to transfer funds for Fiscal Year 2010, Justice Assistance Grant annual award, and authorize the City Manager to execute the agreement per Council Policies F -3 and F- 25. Therefore, to comply with Council Policy F -3, the City Manager may accept grants or donations of up to $30,000 on behalf of the City; and b) approve Budget Amendment No. IIBA -027 increasing revenue estimates in the amount of $13,322 in Account No. 129 -5257, and increase expenditure appropriations in Account No. 1290- 7095. 18. FUNDING FOR MULTI -YEAR SUPPORT FOR COMPUTER AIDED DISPATCH (CAD) AND RECORDS MANAGEMENT SYSTEMS. a) Approve an expenditure of $161,279.29 for hardware and software support for the Police Department's Computer Aided Dispatch (CAD) and Records Management System (RMS) from Northrop Grumman (formerly PRC) for July 1, 2010 to June 30, 2011; b) approve an expenditure of $185,093.24 for hardware and software support for the Police Department's CAD and RMS from Northrop Grumman for July 1, 2011 to June Volume 60 - Page 8 City of Newport Beach City Council Minutes January 11, 2011 30, 2012; c) authorize a single - source contract with Northrop Grumman, the product manufacturer of the Police Department's CAD and RMS systems; and d) authorize the Mayor and City Clerk to execute a Professional Services Agreement with the vendor, as approved by the Office of the City Attorney. E. MISCELLANEOUS 19. ACCEPTANCE OF THE UNIFIED PROGRAM AGENCIES (UPA) GRANT FUND ALLOCATION. a) Accept the UPA Grant Fund Allocation in the amount of $20,000.00 to be utilized for reimbursement of the completion costs associated with the implementation of Assembly Bill No. 2286, which requires all regulated businesses and UPA to use the internet to file required Unified Program information electronically; b) approve Budget Amendment No. IIBA -022 to deposit $20,000.00 UPA Grant into Account No. 2330 -489G; and c) adopt Resolution No. 2011 -44 approving the acceptance of the Unified Program Agencies (UPA) grant fund allocation. 20. APPOINTMENTS BY THE MAYOR TO THE COUNCIL /CITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. Confirm the appointments outlined in the staff report. 21. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES FOR FISCAL YEAR 10 /11. Approve Budget Amendment No. 11BA -026 to accept a check from the California State Library to improve the Newport Beach Public Library Literacy Services and Programs. 22. BUDGET AMENDMENT FOR EMERGENCY METHANE BLOWER REPLACEMENT AT NEWPORT TERRACE LANDFILL. Approve Budget Amendment No. 11BA -024 transferring a total of $14,827.78 from Environmental Liability unappropriated fund balance, 292 -3605, to Environmental Liability, Services Professional & Technical, 3155 -8080, to fund the emergency replacement of one (1) methane gas blower at the Newport Terrace Landfill. S27. RESOLUTION RELATING TO ACCEPTING DONATIONS FOR A STATUE OR SIMILAR WORK HONORING THE BIRTH CENTENNIAL OF RONALD REAGAN. Adopt Resolution No. 2011 -10 relating to accepting donations for a statue or similar work honoring the birth centennial (February 6, 2011) of former President Ronald Reagan. Motion by Mayor Pro Tern Gardner, seconded by Council Member Rosanskv to approve the Consent Calendar, except for the items removed (3, 4, 9 and 10) and noting the amendment to Item 1 by Council Member Daigle. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. ESTABLISH UPDATED SPEED LIMITS ON CITY STREETS. In response to Council questions, Public Works Director Badum explained how the speed survey is used to determine speed limits on most arterials throughout the City. He further discussed the rationale for changing the speed limits near Cameo Shores due to the transition Volume 60 - Page 9 City of Newport Beach City Council Minutes January 11, 2011 zone and indicated that speed mitigation measures can be looked at for the area. City Traffic Engineer Brine reported that the City is no longer allowed to round down the speeds, explained that free flowing conditions are required when the surveys are taken, and emphasized that the speed limits need to be enforceable for the Police Department. Regarding Vista del Oro, he stated that the speed limit was changed to make it consistent with the rest of the street. City Manager Kiff noted that traffic calming measures will be discussed at the next study session. Council Member Curry pointed out that the City is acting on State mandates and that failure to act in response to the survey means that the Police Department cannot enforce any speed laws and the courts could not uphold speeding tickets. Farhed Shah - Hosseini, Cameo Highlands Homeowners Association Board Member, stated that the community is opposed to increasing the speed limit and expressed concern for pedestrian traffic. Dan Pierson expressed concern for pedestrian traffic traveling to and from Cameo Shores to Corona del Mar. Robert Hawkins requested that Irvine Avenue between Westcliff and Santiago be re- surveyed due to the configuration of the road. Nicole Foster, Cameo Highlands, requested that the speed limits be reduced due to pedestrian traffic. She noted that electric vehicles can only go 35 mph but the speed limit will be 45 mph. City Traffic Engineer Brine stated that leaving the speed limit at 35 mph would be a speed trap, there is nothing written to lower the speed limit in order to encourage the use of electric vehicles, and pedestrian counts were not conducted. Public Works Director Badum noted that this area is signalized, as opposed to the pedestrian areas of Riverside Avenue or Lido. Leann Bowman, Irvine Terrace Homeowners Association Board Member, expressed concern for pedestrian traffic if the speed limit at Coast Highway and Jamboree Road were increased to 50 mph. Karen Tringah provided statistical information for Cameo Highlands and expressed hope that this information is enough to warrant reconsideration. BJ Johnson expressed concern for the speed limits at the entrances into Corona del Mar, believing that they are too high already. Motion by Council Member Rosanskv, seconded by Council Member Curry to a) introduce Ordinance No. 2011 -1 amending Chapter 12.24 (Special Speed Zones) of the Newport Beach Municipal Code regarding increasing and decreasing State speed limits, and pass to second reading on January 25, 2011; and b) upon final adoption of the Ordinance, direct staff to replace /modify all speed limit signs requiring changes to reflect new speed limits. Council Member Selich requested that Council Member Rosansky amend his motion to also conduct further study on Irvine Avenue between Westcliff and Santiago, Vista del Oro in Eastbluff, Coast Highway and Cameo Shores, and on Bayside Drive. Amended motion by Council Member Rosanskv seconded by Council Member Curry to a) introduce Ordinance No. 2011 -1 amending Chapter 12.24 (Special Speed Zones) of the Newport Beach Municipal Code regarding increasing and decreasing State speed limits, and pass to second reading on January 25, 2011; b) upon final adoption of the Ordinance, Volume 60 - Page 10 City of Newport Beach City Council Minutes January 11, 2011 direct staff to replace /modify all speed limit signs requiring changes to reflect new speed limits; and c) direct staff to conduct further study on Irvine Avenue between Westcliff and Santiago, Vista del Oro in Eastbluff, Coast Highway and Cameo Shores, and on Bayside Drive. The amended motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle 4. MUNICIPAL CODE AMENDMENT TO REQUIRE AN OPERATOR LICENSE FOR CERTAIN ESTABLISHMENTS THAT OFFER ALCOHOLIC BEVERAGES FOR ON- SITE CONSUMPTION IN COMBINATION WITH LATE HOURS, ENTERTAINMENT, AND /OR DANCE (PA2010 -041). Acting Planning Director Campbell reported that the operator license would apply to new or expanded operations, and would be looked at concurrently with the use permit process. He noted that the license runs with the operator and is not transferrable. Associate Planner Murillo utilized a PowerPoint presentation to discuss the operator license process and noted that it is issued by the Police Chief, but appealable to the City Manager. Council Member Selich expressed support for the operator license, but indicated that he envisioned that the request would go before the Planning Commission, not the Police Chief. Acting Planning Director Campbell indicated that staff believes that the proposed process will allow for quicker enforcement, be a better approach, and still provide due process. He discussed a proposed amendment (Section 5.25.050.13) relative to public noticing. Mayor Henn requested that the Police Chief solicit public input and take that into consideration prior to making any decisions. Council Member Hill requested clarification relative to when a use permit ends that runs with the land and when an operator license would begin. Council Member Selich expressed concern that the appeal process would not reach the City Council level. City Attorney Hunt indicated that using the same process as a use permit may make the operator license difficult to enforce all the way to termination. Further, as written, the process provides for more flexibility in addressing operational issues. He added that use permits convey property rights, but licenses or permits do not have constitutional protection and are a privilege, not a property right. Council Member Curry indicated that proposed Section 5.25.050.13 addresses the issue of due process and noticing. Police Chief Johnson reported that he oversaw this type of issue and had similar authority in Long Beach. He reviewed his methodology for reviewing the licenses and emphasized that he is pro - business but businesses need to be responsible. He indicated that it was never conveyed to him if getting an operator license is a burden. Associate Planner Murilllo stated that operators would only be able to appeal to the City Manager. Mayor Henn expressed the opinion that resident should also be able to appeal the license. City Attorney Hunt indicated that the ordinance can he amended to include this, if desired. Marcia Dossey believed that the City needs more establishments for dancing and suggested that the Police Chief also review the impacts of the adjoining businesses, especially if they have entertainment. She noted that these establishments generate revenue and agreed that the Police Department should provide the enforcement, not Code Enforcement. She believed that Council should be the appellant body and requested that the review period be longer Volume 60 - Page 11 City of Newport Beach City Council Minutes January 11, 2011 than 10 days. John Kenney believed that the City should maintain a representative form of government. Dan Pierson believed that Council should hear the appeals and expressed concern with giving the Police Chief this type of authority. Robert Hawkins, Planning Commissioner, believed that the Planning Commission should make the initial findings and is able to separate the use permit and operator license issues. He expressed concern that this process gives authority to investigate, adjudicate, and enforce to one person. He pointed out that the operator license should not conflict with the use permit. Acting Planning Director Campbell reported that staff is proposing Section 5.25.050.1) that does not allow the conditions to be less restrictive than required by any applicable use permit. Council Member Rosansky suggested that, in order to avoid redundancy, use permits should not address hours of operation so it does not run with the land. He recommended having the operator license address this issue. Acting Planning Director Campbell indicated that the use permit typically addresses hours of operation because conditions are applied to the use permit. He noted that the Police Chief will make more restrictive conditions depending on how the business operates and will not be changing any land use rights. Charles Unsworth, Planning Commissioner, stated that citizens are entitled to some type of notice. He believed that the Police Chief can provide information to the hearing board, but it is not appropriate for him to make rules, adjudicate it, and then impose sanctions to revoke the license. George Schroeder noted that there are areas in the City that have overconcentration of liquor licenses. He agreed with being pro - business but cautioned against oversaturation. Ali Zadeh, Port Restaurant, expressed support for the Police Chiefs role since he also provides enforcement; however, suggested more analysis before changing the law. Motion by Mayor Pro Tern Gardner, seconded by Council Member Daigle to a) introduce Ordinance No. 2011 -2 amending the Newport Beach Municipal Code and incorporating Chapter 5.25 establishing the requirement for an Operator License, and pass to second reading on January 25, 2011, with the addition of Section 525.050.B, but change the noticing period from 10 days to 14 days; addition of Section 5.25.050.1), include the ability for the public to appeal the operator license; and allow the decision to be appealable to the City Council, not the City Manager; and b) adopt Resolution No. 2011 -1 establishing the application fee for an Operator License. Mayor Henn noted that the noticing period requests written comments and suggested changing the 14 days to 21 days. Amended motion by Mayor Pro Tem Gardner, seconded by Council Member Daigle to a) introduce Ordinance No. 2011 -2 amending the Newport Beach Municipal Code and incorporating Chapter 5.25 establishing the requirement for an Operator License, and pass to second reading on January 25, 2011, with the addition of Section 5.25.050.B, but change the noticing period from 14 days to 21 days; addition of Section 5.25.050.1), include the ability for the public to appeal the operator license; and allow the decision to be appealable to the City Council, not the City Manager; and b) adopt Resolution No. 2011 -1 establishing the application fee for an Operator License. Mayor Henn believed that the appeal process to the City Manager is the most legally Volume 60 - Page 12 City of Newport Beach City Council Minutes January 11, 2011 defensible method and proposed a substitute motion. Substitute motion by Mayor Henn, seconded by Council Member Hill to a) introduce Ordinance No. 2011 -2 amending the Newport Beach Municipal Code and incorporating Chapter 5.25 establishing the requirement for an Operator License, and pass to second reading on January 25, 2011, with the addition of Section 5.25.050.13, but change the 10 days to 14 days; addition of Section 5.25.050.1), include the ability for the public to appeal the operator license; and allow the decision to be appealable to the City Manager; and b) adopt Resolution No. 2011 -1 establishing the application fee for an Operator License. Council Member Rosansky expressed support for trying the proposed process, noting that it can be amended if necessary. Council Member Selich indicated that protecting the ordinance is more important than how appeals are handled. He agreed that it can be adjusted in the future if necessary. The substitute motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Henn, Council Member Selich, Council Member Curry Noes: Mayor Pro Tem Gardner, Council Member Daigle 9. APPROVAL OF THE POINT OF DISPENSING SITE PLANNING SERVICES AGREEMENT. In response to Council Member Daigle's question, Fire Chief Morgan clarified that this would only be activated if there was an emergency, but the City has the option to utilize flu shots as part of a drill. Motion by Council Member Curry, seconded by Mayor Pro Tem Gardner to adopt Resolution No. 2011 -6 approving the Point of Dispensing Planning Services Agreement for Fiscal Year 2010 -2011 and authorizing the Mayor to act as the "Authorized Agent" to execute for, and on behalf of, the City any actions necessary to implement the Agreement and obtain financial assistance provided by the County of Orange Health Care Agency. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry Noes: Council Member Daigle 10. AWARD CONTRACT FOR BALBOA YACHT BASIN MANAGEMENT. Mayor Henn requested that staff also develop a fiscal year 2011 -2012 capital improvement program for the Balboa Yacht Basin for an amount not to exceed $50,000 over the next two years that goes beyond the maintenance items listed in the staff report. Motion by Mayor Henn, seconded by Mayor Pro Tem Gardner to a) approve and authorize the Mayor and City Clerk to execute a Professional Services Agreement with Basin Marine, Inc. for Balboa Yacht Basin management for three years; b) approve Budget Amendment No. IIBA -023 appropriating $35,165 from the unappropriated Tidelands Fund Balance Account No. 230 -3605 to Harbor Resources Account No. 2371 -8080; and c) direct staff to develop a fiscal year 2011 -2012 capital improvement program for the Balboa Yacht Basin for an amount not to exceed $50,000 over the next two years that goes beyond the maintenance items listed in the staff report. Volume 60 - Page 13 City of Newport Beach City Council Minutes January 11, 2011 XIV ED The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Pro Tem Gardner discussed the Citizens Bicycle Safety Committee meeting and announced that they will be conducting an outreach program to solicit input relative to implementing sharrows on Coast Highway through Corona del Mar. Mayor Henn reported that the Finance Committee discussed pension liability, decreasing the number of investment managers, the Request for Qualifications (RFQ) for Citywide parking meter services, revenue trends, and how the State budget may impact the City. PUBLIC HEARINGS 23. NEWPORT BUSINESS PLAZA (PA2008 -164) - 4699 JAMBOREE ROAD AND 5190 CAMPUS DRIVE - GENERAL PLAN AMENDMENT NO. GP2008 -007 - PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2009 -001 - TENTATIVE PARCEL MAP NO. NP2010 -006 (COUNTY TMPM NO. 2010 -101). City Manager Kiff indicated that Council can require a Development Agreement (DA) or will need to adopt findings in order to a waive the need for the DA. Acting Planning Director Campbell explained the policies in the General Plan that require a DA, discussed why larger projects have been required to have a DA, and highlighted NBMC Section 15.45 that provides for conditions that could waive the requirement. He reported on the review process if a DA was required. In response to Council questions, Acting Planning Director Campbell indicated that applying fair share traffic contribution fees is required regardless if there was a DA. He reported that DAs are reviewed by Planning Commission and the City Council. Council Member Rosansky reviewed why he feels that a DA is necessary. Council Member Selich believed that he could make findings that would require a DA. Council Member Daigle noted that the project is a public benefit since the location is at the gateway to the City. Mayor Henn opened the public hearing. Meg Shockley, representing the applicant, discussed why the waiver is appropriate and explained how the project has changed due to concessions they have made. Regarding the potential public benefits that are listed on page 5, Acting Planning Director Campbell indicated that they have not determined the costs involved with implementing the improvements. Mayor Pro Tem Gardner indicated that she would be willing to waive the DA if the applicant conducted some of the improvements. John Young, applicant, indicated that they would be willing to do the first four items on the list, as long as it was just in front of the property and not all along the main streets. He believed that the suggested improvements would cost $50,000 to $100,000, but should be reviewed by Public Works to determine if they are needed. Hearing no further testimony, Mayor Henn closed the public hearing. City Manager Kiff noted that the street trees should be standard size. It was the consensus of Volume 60 - Page 14 City of Newport Beach City Council Minutes January 11, 2011 Council that all the improvements should be subject to review and approval by Public Works. Council Member Rosansky expressed support for the improvements, but believed that the issue should be continued to January 25 for further review. Council Member Hill believed it is appropriate to further define the DA policy for gray areas. Motion by Council Member Daigle, seconded by Mayor Pro Tom Gardner to a) waive the requirement for a development agreement and approve the project as recommended in the October 26, 2010 staff report; b) adopt Resolution No. 2011.7 which includes findings in support of a waiver of the requirement for a development agreement for the project; c) introduce Ordinance No. 2011 -3 approving Planned Community Development Plan Amendment No. PD2009 -001, and pass to a second reading for adoption on January 25, 2011; and d) include as conditions of approval of the project the following public benefits, subject to review and approval by the Public Works Department: 1) Enhanced aesthetic improvements to the surrounding pedestrian easements, installation of non - standard sidewalks, pavers and landscaping; 2) Improvements to the mediandsland at the southwest corner of Campus Drive and Jamboree Road, including enhanced landscaping that would be maintained by the applicant; 3) replacement of existing street trees along Campus Drive and Jamboree Road; 4) and change -out of existing streetlights with new LED streetlight heads. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle 24. HOAG MEMORIAL HOSPITAL PRESBYTERIAN SERIES 2011 HEALTH CARE FACILITY REVENUE BONDS. City Manager Kiff provided the staff report and noted that the item was heard by the Finance Committee who recommended bringing this before Council for approval. Mayor Pro Tem Gardner emphasized that the City is not responsible for these bonds. Mayor Henn opened the public hearing. Dennis O'Neil, representing Hoag Hospital, recommended approval and noted that the consultants are also in attendance to answer any questions. Hearing no further testimony, Mayor Henn closed the public hearing Motion by Council Member Rosansky. seconded by Mayor Pro Tem Gardner to adopt Resolution No. 2011 -8 authorizing the preparation, execution and delivery of the City of Newport Beach Health Care Facility Revenue Bonds (Hoag Memorial Hospital Presbyterian) Series 2011 in an amount not to exceed $120 million, and authorizing the execution and delivery of certain documents and directing certain actions in connection with the issuance, sale and delivery of said bonds. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle It was the consensus of Council to hear Items 25 and 26 together. 25. AMENDMENT OF THE NEWPORT BEACH MUNICIPAL CODE, TITLE 9 - FIRE Volume 60 - Page 15 City of Newport Beach City Council Minutes January 11, 2011 K�717� 26. ADOPTION OF AMENDMENTS TO THE 2010 CALIFORNIA BUILDING CODES AND NEWPORT BEACH MUNICIPAL CODE, AND ADOPTION OF THE 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE AND 2009 UNIFORM SWIMMING POOL AND HOT TUB CODE. Interim Community Development Director Fick provided the staff report, discussed the public workshops that were conducted, and highlighted the amended recommendation relative to the installation of sprinklers for additions or reconstruction projects. Interim Community Development Director Fick and Fire Marshal Gamble explained the current regulations related to sprinkler systems and the recommended amendment to the Fire and Building Codes. They noted that the amended recommendation does not impact smaller homes. Mayor Pro Tem Gardner noted her preference to have the threshold for sprinklers be based on a percentage and not just percentage and square footage. Council Member Curry stated that the proposed method could be costly for smaller homes and noted that the amended recommendation was vetted through the Building Industry Association (BIA). Council Member Selich expressed the opinion that a change is not needed. Interim Community Development Director Fick introduced a proposed amendment and indicated that the proposed amendment would have only affected six homes over the last 12 months. Council Member Rosansky believed that the amended recommendation is a good compromise between what Mayor Pro Tem Gardner and Council Member Selich want. Motion by Council Member Rosansky, seconded by Council Member Curry to introduce Ordinance No. 2011 -4 amending the Newport Beach Municipal Code Title 9, Chapter 9.04 (Fire Code), by amending Section 9.04.040, Section 9.04.050, Section 9.04.060, Section 9.04.070, and Section 9.04.0120, including the amendment to the sprinkler system requirement, and pass to second reading on January 25, 2011. Mayor Henn opened the public hearing. Brion Jeannette, architect, stated that the ordinance as written is acceptable, but added that he supports staffs amended recommendation for sprinkler systems. He suggested including an alternate means and methods statement that would allow the Building Official to make amendments when the circumstance merits. Interim Community Development Director Fick expressed support for this. Amended motion by Council Member Rosanskv seconded by Council Member Curry to introduce Ordinance No. 2011 -4 amending the Newport Beach Municipal Code Title 9, Chapter 9.04 (Fire Code), by amending Section 9.04.040, Section 9.04.050, Section 9.04.060, Section 9.04.070, and Section 9.04.0120, with the amendment to the sprinkler system requirement and adding an alternate means and methods statement, and pass to second reading on January 25, 2011. The amended motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle Regarding the Building Code, W.R. Dildine stated that no other municipality has made amendments to the California Green Building Standards Code, took issue relative to the Minimum Efficiency Rating Value (MERV) increase from 7 to 8 for HVAC air filters; and expressed concern that the Task Force on Green Development reviewed code issues. He discussed commercial dishwashers, elevator standards, and the responsibility of the design Volume 60 - Page 16 City of Newport Beach City Council Minutes January 11, 2011 professionals. He believed that the amendments will be difficult for the Building Department to inspect. Mayor Pro Tem Gardner stated that several architects were members of the Task Force on Green Development, and that a representative from the BIA attended all the meetings and signed off on the recommendations. Deputy Building Officer Jurdi confirmed that the ordinance is only requiring a MERV with a higher value than 7, not necessarily MERV 8. Motion by Council Member Rosansky, seconded by Council Member Curry to a) introduce Ordinance No. 2011 -5 relating to adoption of the subject codes and amendments (2010 California Building Codes and Newport Beach Municipal Code, 2009 International Property Maintenance Code and 2009 Uniform Swimming Pool and Hot Tub Code), with the amendment to the sprinkler system requirement and adding an alternate means and methods statement, and pass to second reading on January 25, 2011; and b) adopt Resolution No. 2011- 9 setting forth findings for the proposed amendments for adoption on January 25, 2011. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem. Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle XVI. PUBLIC COMMENTS - None XVII. MOTION FOR RECONSIDERATION - None XVIII. ADJOURNMENT -10:30 p.m. The agenda for the Regular Meeting was posted on January 5, 2011, at 2:50 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 January 7, 2011, at 3:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. e. City Clerk Volume 60 - Page 17