Loading...
HomeMy WebLinkAbout01 - Minutes - 02-13-2007Agenda Item No. 1 February 27, 2007 CITY OF NEWPORT BEACH City Council Minutes Study Session February 13, 2007 — 5:00 p.m. Present: Council Member Henn, Council Member Curry, Rosansky, Council Member Webb, Council M< Gardner CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE In response to a question by Council that the ordinance pertaining to Item to issue citations that will be upheld in court. Pertaining to Item No. 14 (C Gray that the community prepar envisioned, since the intent was o Fire Chief Lewis stated that Ma Br responsible for community awar s associations, ubs, etc. three CERT resen per Information Freeman is i at ton; on what emergency as the res Tem Selich, Mayor Council Member City Manag( a1 nuisance) Can stated allow staff ;oun ' ber Daigle expressed concern 'dinator ' 'o is not being used as ease the program. In response, e C Team Coordinator who is aa peaking before homeowners' iditio Mr. Briabois conducts two to as well as any other speaking onse. Jan Schultz is now their Public ility for community education. Katie ster preparedness, including handling of preparedness. Mr. Brisbois and Ms. and they do assist each other. that he clearly supports Item Nos. 7 and 8, but will ng for further discussion and to focus the public's done with these issues. Pe nol ybvm o. S21, Mayor Pro Tem Selich questioned whether the condition of the rawn to China Cove will be able to handle the truck traffic and if adequatexist for any repairs. Council Member Gardner stated she was assured miller that the r oad will be photographed beforehand, and the agreement contains provisions for any necessary repairs. Mayor Pro Tem Selich stated that he will pull this item on tonight's agenda to suggest Exhibit C (Scope of Services), No. 7, of the agreement be amended to stipulate that trucks be required to shut their engines off rather than left to idle 2 -3 minutes. 2. INSURANCE RENEWALS - EXCESS GENERAL LIABILITY, EXCESS WORKERS COMPENSATION AND PROPERTY INSURANCE. Barbara Ramsey, Human Resources Director, reported on insurance renewals, Volume 58 — Page 81 City of Newport Beach Study Session Minutes February 13, 2007 noting the renewal date is March let. Mark Zahoryin will make a presentation, and Lauren Farley, Risk Manager, is also present to respond to any questions. This item will be brought to Council in two weeks for a vote. Mark Zahoryin, Brown and Brown, introduced himself and provided background information on his firm, noting they have served the City for the past 17 years. He provided an overview of the insurance renewal process, adding their recommendations to staff should be ready on Friday. Based on final indications today, his recommendation will include a 41% increase in the property insurance premium, which includes a 13% increase in overall insure a values. As far as the other coverages, they are expecting flat to 10 %, a coming in at a 4- 5% decrease. He expects the total annual premium to o greater than 2% of what was paid on an annual basis in 2006, which is 2% In response to a Council question, Mr. Zi increases to market conditions and the two business. 14 Mr. Zahoryin explained fidicuiary lia it is intended to cover the City's fidic employee benefit and retirement plans. decisions on employee benafit plans. Zahoryin indicated that it ha very helped. In response to questio that the only item that may ch ge positive change. He explained t the retention on all public liab practices whi million amount,bu not be cessful in a n As I positive the attributes the low &o retain the City's to the CoulIgPhoting that Tits to itsAmvlovees on r covers everyone who makes as low loss histories, Mr. a control by staff has also r. Zahoryin explained y insurance, and it is a a $500,000 self - insured h the exception of employment , he is trying to reduce that this. 3. PRESE IO EGARDING THE ROLE OF THE NEWPORT BEACH LIBRARY CY PROGRAM IN OUR COMMUNITY. Linda Kats uleas, Library Director, reported on the literacy program and introduced Cherall Weiss, Literacy Coordinator, and Carolyn Scheer, President of the Literacy Board. Ms. Weiss gave the definition for literacy as it bas progressed through the years. Forty -four million adults in the United States fall in the low or inadequate literacy status. In Newport Beach, over 7,000 adults are considered illiterate or have low literacy skills. The 'National Institute for Literacy conducted a survey, and the Southern California literacy network came up with the local statistics based on economics and ethnicities. Volume 58 - Page 32 City of Newport Beach Study Session Minutes February 13, 2007 Ms. Scheer explained their mission is to improve the literacy skills of adults to enable them to achieve greater successes in their lives at home, work, and in the community. She reported they have a Literacy Advisory Board and further explained the role, membership, meeting schedule, and terms of the Board Members. She explained the relationship between the Library and the Board. Ms. Weiss provided information on tutor training and explained the program. Ms. Scheer described the programs offered: core conversation class, writing classes, pronunciation learner and tutor support groups. She provided developments: joint venture with the Library to of International Literacy Day, presentation of Award, publication of a quarterly newsletter, November. They want to develop relationship a that end, Ms. Weiss has been working District to make them aware of the liters r to their program. Ms. Weiss has als de p Center in an effort to lure tutors into a am. Ms. Weiss explained the services provided in to any English - speaking in ' 'dual, and sm support the learners in meet it goals. E, to over 120 adult learners an over Literacy program. They conduct _ 1 with families in the area, and tho months of FY 2 7, they ha learners have 1,700 hou 25 and 72, heir co n trait is program, book clubs for learners, classkewpoUnified family literacy, and adult n the following new literacy, celebration Hoffman Memorial Is of their website in the community. To Uni£ed School li asible referrals o S Senior tment: one -on -one tutoring classes and workshops to ar, they provide assistance e in the Families for dress early literacy issues e quarterly. In the first six volunteer hours, and their with theirFtutors. Their ages range between all have a desire to progress. In response JK question by City Manager Bludau, Ms. Weiss stated the students are requiredlio either live or work in Newport Beach. PUBLIC COMMENTS - None ADJOURNMENT - 5:37 p.m. The agenda for the Adjourned Regular Meeting was posted on February 7, 2007, at 2:18 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 58 - Page 33 City of Newport Beach Study Session Minutes February 18, 2007 Recording Secretary Mayor Volume 58 - Page 84 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting February 18, 2007 — 7:00 p.nL ssio Npr's thanked Carol Hoffman McDermott, Government Solu is ono co ibution to the project. Ms. Lonich reported on the status o review with the Coastal Commission and stated that the Coastal C aff indicated they would meet with the theater group in March. Be jest is non -profit, the organization will rely on donations for their finan o reported on the performances during t he Season Without Walls. D Pr entation to Business Members Who Helped with Funeral Arr Ve nts - Captain Morris Smith on behalf of Los Angeles Mayor Antonio lla and Chief of Police William Bratton, thanked the community for is coordinating the reception for Officer Landon Dorris killed in the line of duty on October 20, 2006; he presented Certificates of Appreciation to Andy Theodorou, General Manager, Newport Dunes Resort; Terry Lelano; Pete Ortega, Elegant Affairs Catering; and Terry Wilson, Coastline Yacht Charters. Captain Smith acknowledged the assistance of Police Chief McDonell and Fire Chief Lewis. Orange County Council, Boy Scouts of America — Ralph Linzmeier, Board of Directors and members of Troop 90 recognized Orange County Council 2007 Man of Character, Mayor Steve Rosansky. Volume 58 - Page 35 City of Newport Beach City Council Minutes February 13, 2007 AQMD Presentation on the Draft AQMP - Debra Reed, Public Affairs Officer reported on the AQMD's plan to update its air quality mitigation plan manual to comply with the federal government mandates. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM): Council Member Henn encouraged residents to parti ate in the second bi- annual Pogue Regatta from June 8 -10, a major racing even Mayor Pro Tem Selich invited residents to p in the February 21st Economic Development meeting presentation by Dr. ald Professor, UCLA, who will speak on parking issues. He reiterate Decembe 2006 request that staff bring four actions before the Council r g the Newp Center Park and asked that the items be brought forwar nth ebruary 27a` da: 1) approval of constructing the park per the a ved Council concept p with the addition of the upper parking lot in ph i e middle phase first. construction of the arbor and trellis structure in "ddle phase would be part a future phase with a separate donation estimated cost about a million dollars; 2) accepting $600,000 toward cons on of the base in exchange for naming rights for the entire park with th on that othe arcing opportunities will be available, and authorize staff to fin onation a ent with the donor; 3) conceptual approval to amend the 2 6/200 dot to ease the funding for the park from $200,000 to $400,000 ub*ect traction bids; and 4) direct staff to complete t truction do a or the section phase as soon as possible and pla a ut to bid. Co Memb Webb said tlidt he was aware Mayor Pro Tem Selich had received press m certain segmentV the community to push the park project forward. However, Council mbers have received input about selecting a site tur ty Ha Council was served a petition requesting the Co un tpo he decision o the park until a City Hall site has been selected. In light of or Tem Selich's proposal, Council Member Webb asked that two more item inclu to wit: that no further action be taken to implement the park constructio roject the central library site until the City Hall site selection project was mpleted; 2) if the first action item is not approved he would like to add the followin the four items requested by Mayor Pro Tem Selich to wit: "that the k site in de an active park element of at least one soccer field." Co ber Daigle announced that the Carona del Mar Swimming Group would con tin fundraising efforts at the Pacific Club on May 12. Mayor Rosansky invited the public to participate in a town hall meeting on February 22nd at 6:00 p.m. at the Central Library with presentations by Senator Harman and Assembly Member Walters regarding sober living group homes. He attended the Relay for Life kickoff on February 12th at the Islands Hotel. The Relay will be held on May 19th and 20th. If individuals are interested in forming teams to raise money for cancer research contact the City Manager's Office at 644 -3000. I. CONSENT CALENDAR Volume 58 - Page 36 City of Newport Beach City Council Minutes February 13, 2007 ING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF JANUARY 23, 2007. Waive reading of subject minutes, approve as written and order Bled. 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. ORDINANCES FOR ADOPTION 8. ORDINANCE AMENDING PERTAINING TO ANIMAL No. 2007 -1. 4. CODE AMENDMENT 257) - AMENDMENT ALLOW A SINGLE DECISIONS OF TI DIRECTOR AND P Ordinance No. 2007 -2 apt 5. GAS, AND Resolution No. serve as thi pertaining to Was, as regi D' - ;'sFML tNwniiY�; A ECTI 7.20.010 OF TITLE 7 [I5 [I00 -2007) Adopt Ordinance Amendment No. 2006 -008. N AGE DIVISION OF OIL, 2 R CE5. [100 -2007) 1) Adopt of g :Na nt for the Division of Oil Gas, And 2) aut the Mayor and the City Clerk to Agent" form, naming the Utilities Manager, Ed y of Newport Beach's Liaison Agent regarding operation and maintenance of the Citys oil and I by the Division of Oil, Gas, and Geothermal AMEND THE COMPOSITION OF THE CITY i ADVISORY COMMITTEE ON MARINA PARK THIRD COUNCIL MEMBER AND TO CONFIRM AYORW APPOINTMENT OF COUNCIL MEMBER HENN TO POSITION. [100 -2007) Adopt Resolution No. 2007 -7 amending on No. 2006 -98 to revise the composition on the City Citizens Committee on Marina Park Design, and confirm the appointment of Council Member Henn to the new position. 8. 39LD FORD ROAD - ADOPT A RESOLUTION LIMITING THE PARKING OF VEHICLES TO TWO HOURS. [100 -2007) Adopt Resolution No. 2007 -9 limiting the parking of vehicles to two hours between 8:00 a.m. and 6:00 p.m. daily on the south side of Old Ford Road, from Mesa View Drive to a point 300 feet easterly. CONTRACTS 10. OPERATING AGREEMENT FOR NEWPORT RIDGE PARK (contd. Volume 58 - Page 87 City of Newport Beach City Council Minutes February 18, 2007 from 1/28/07). [100 -2007) Continue indefinitely. 11. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH GABLE ENGINEERING FOR CIP PROJECT MANAGEMENT SERVICES (C- 3915). [381100 -2007) 1) Approve a Professional Services Agreement with Gable Engineering at a not to exceed price of $50,000 and authorize the Mayor and the City Clerk to execute the Agreement; and 2) approve a budget amendment (07BA -045) transferring $50,000 from salary savings in the Engineering Division (5100 -7000 and transfer the funds to Engineering Division Services Professional Technical Account 5100- 8080. WSCE.L.L-ANEO US 12. SUPPORT OF ORANGE CO 5 P ION ON MEMBERSHIP IN THE SOUTHERN FORNIA EGIONAL AIRPORT AUTHORITY. [100 -2007) orize the Mayo execute the letter attached as Exhibit A to th r rt. 13. APPOINTMENT TO RONMENTAL Q TY AFFAIRS CITIZENS ADVISORY MITTEE (EQAC). [10 20071 Confirm Council Member Daigle's ap 'ntment of Michael "Mike" Smith as the District 4 reprelptative to EQA 14. ACCEPT AS5I TO CO TY EMERGENCY RESPONSE TEAMS (CERT) R 2007[ pt the `04 Homeland Security Supplemental Gra t for CE $6, .67 in funding for the CERT Pro ; and 2) prove bu endment (07BA -042) increasing r estimates b $ 5.67 in 23 -4848 and increasing expenditure pprop tions in 235 004 by $6,935.67. 15. OAS HIGHWAY NELIZATION - CORONA DEL MAR (C- ROVAL F BUDGET AMENDMENT FOR PHASE 1B. 0- v udget amendment (07BA -039) in the amount of 150, fr om the u ropriated General Fund Reserves to Account No. 3 -05 932. Motion b Te lich to approve the Consent Calendar, except for U moved (, 9 and 521). rried by the following roll call vote: Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor y, Coueil Member Webb, Council Member Daigle, Council Member J. ITEMS REMOVED FROM THE CONSENT CALENDAR 7. RESOLUTION SUPPORTING THE AIRPORT WORKING GROUP (AWG) AND AIRFAIR. [100 -2007) Council Member Daigle strongly supported the resolution and thanked AirFair, AWG Members and Citizens' Aviation Members who contributed to the support of JWA. Council Member Curry thanked participants for their Volume 58 - Page 38 City of Newport Beach City Council Minutes February 18, 2007 efforts toward protecting citizens from further danger from the airport. Motion by Council Member Cum to adopt Resolution No. 2007.8 supporting AWG and Airfair and committing to immediately commence discussions with both groups in the ongoing effort to protect Newport Beach residents from the impact of John Wayne Airport Operations. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member C Mayor Pro Tem Selich, Mayor Rosansky, Coucil Member We=, Council Member Daigle, Council Member Gardner 9. RESIDENTIAL CARE FACILITY C ENDMENT. [100 -2007) Patrick Alford, Senior Planner ed the p of the amendment and stated that any legally e ' g facility wool allowed to continue operating. However, if w an expaneio ease in size or intensification, it would uire deral Exception Pe (FEP). City Attorney Clawson this amendment was a straightforward ordinance to get the process s d which is intended to mirror the state law provisions so the City can to enforce against operators that are creating a sing ty in multi buildings, units or premises. If the ordinance is app a will bet three additional opportunities for public input and ges to ording. Ro ship said wa wits can ed that homeowners associations d pense medic He thanked Council for addressing this issue. Jackson ke arcoTidus and Peckenpaugh, said his firm number of eowners on the peninsula and because his firm n_invd in this issue offered assistance to the City and JMn Ovelkyest felt it was an injustice that sober living facilities were ex t fro usiness license fees and taxes. It is disruptive to have cam ercial fa 'ties within residential neighborhoods and wanted to know if, ' the event he were to sell his home, he would have to disclose the pro ity of big residence to the facility and suffer a depreciated sales value on s property as a result. this Kohler said she was opposed to voting on the ordinance this evening nd preferred waiting until the Council had all of the necessary information before acting. She wished the city would put a moratorium on new group homes until this issue was resolved. Dick Nichols said the specific nature of the proposal would tend to form policy rather than open dialogue. He wondered how the City could modify the Federal Exception Permit because it would likely originate at the federal level because the use permit does the same thing and felt it was a better tool. Volume 58 - Page 89 City of Newport Beach City Council Minutes February 18, 2007 Lori Morris objected to the proposed resolution because it appeared to change the definition of the land use permits and appears to be giving total authority to the Planning Director. Lacking understanding of the resolution and how it would function, the request for a moratorium seems to be an appropriate compromise. Denys Oberman commended the City for taking steps to address this situation. She asked that there be diligence and objectivity on the part of the City and that the Council obtain outsid& input before making its decision. 7 Council Member Curry asked legal el to comment on speaker's statements and in palen commendation to institute a moratorium. City Attorned s as concerned about imposing a moratorium because the licens and to a certain extent the City has no control over tnder fa ' ' s. The City is working with the ADP to that end. Council Member Henn firmation that there nothing in the proposed ordinance that e changed and City torney Clauson responded affirmatively. Mayor Rosa ewed the p ss and assured residents that there would be ample ty to pro public input before the Planning Commission and un ' . ,,,. Motion bv Mayor Itosan to a solution No. 2007 -10 initiating an a ent to Title 0 e NBMC revise land use classifications and efinit ns relating to idential Care facilities. e m 'on carried by t following roll call vote. A er H , Council Member Curry, Mayor Pro Tem Selich, yor Rosa ucil Member Webb, Council Member Daigle, Member Gardner B GET NDMENT AND APPROVAL OF A CONTRACT WITH CO G ING AND DEMOLITION (C -8917) FOR $195,000. TO T SPORT SAND FROM CHINA COVE BEACH TO CORONA DEL MA STATE BEACH AND NORTH BAY FRONT, RUBY BEACH ON OA ISLAND. [381100 -20071 yor Pro Tem Selich suggested that Item 7 of the Scope of Services should e modified to require that during staging, truck engines should be turned Off. Commissioner Daigle commended the Harbor Resources staff and citizens for taking the initiative in recognizing the need to partner with the City to transport good quality sand to local beach areas. The good news is that staff member Tom Rossmiller was able to get the Coastal Commission offset funding for the community. Council Member Henn questioned why the City did not use all of the impact Volume 58 - Page 40 City of Newport Beach City Council Minutes February 13, 2007 fees and Assistant City Manager Kiff responded that the funding could be used for any similar project from the jetty southward. The City's need was to bring some of the sand to Balboa Island, a project that did not qualify for the funds. Ron Winship said that sand replacement was the City's most important duty. Property values in Newport Beach require decent sandy beaches and it should be a focus of the City. Dick Nichols thanked Tom Rossmiller for all his work and was pleased that Corona del Mar got some of the sand. execute an agreement substa report with Cousyn Grading include the language modifii require that engines be shut and 2) approve a budadf estimates in Account 5 -4 appropriations by $155, Replenishment. The motion car by the iy ) authorize the City Manager to ila the one attached to the staff emolition $196,000 as amended to to Item 7 e Scope of Services to ;trucks are sta on Ocean Boulevard; Vffment kU- 11JA -V4b easing revenue y $166,000 and in g expenditure CIP Item 7255 -C2371 , CDM Beach call vote: Curry, Mayor Pro Tem Selich, bb, Council Member Daigle, DESIGN CRITERIA FOR SINGLE T. [100 -20071 fanner z reported on the draft temporary ordinance lis design criteria for single and two -unit development. He said the p ac ordinance would not change any of the current provisions P ordina and advised Council that the proposed design criteria were Planner Ramirez responded to Council Member Webb that staff d to have the ordinance ready for adoption in January 2008 and ed that this was staffs first attempt to comply with Council's n to have something ready for implementation by April 1. Mayor Pro Tem Selich stated that the General Plan Implementation Committee reviewed the ordinance, recommended its adoption and felt that the City needed to move forward to meet the April 1 deadline. This proposed ordinance is a temporary ordinance and if adopted would be an un- codified ordinance that would give Council flexibility should it find that some aspects of the ordinance were not working as intended. He also pointed out that there are appeal processes built into the ordinance. Council Member Gardner said she received an email offering the opinion Volume 58 - Page 41 City of Newport Beach City Council Minutes February 13, 2007 that if this process took place during residential plan check, it would be too late and the author questioned whether the process should be applied earlier in the process. Senior Planner Ramirez responded that staff felt it would extend rather than shorten the process. Council Member Webb hoped that architects would offer valuable comments about the process so that it would not create additional work for them when they presented plans that did not meet the design criteria. Council Member Henn concurred and suggested that staff reach oT#t to architects so that they are aware of the criteria in advance of submittinlans. Brion Jeannette, architect, said it advance what criteria they are e concept for approval. There arc approach. He suggested the fo homeowner associations police e more restrictive than the es; 2 committee; 3) appoint app planners or engage a p ei this interim solution were orl permanent ordinance to be w r would be even " stringent. . was ipgffortant for architects to know in rin � advan ce of preentig a obleme with this d of rt 0 s for solution: 1) let the r own building ce their guidelines are evelop an arcliftitural design review committee to in architects and design review board. offered that if ry it could take longer t n a year for a and wondered if the permanent criteria Mayor Pro Tem it would be ore expedient for the City to move forward to develop erman feria a dopt an ordinance rather than spend a lot of time suing _ o ler, archite d for the most part most of the architects would e to ee better b design and to implement a temporary solution was, in 'a opinion, pro bly the wrong way to proceed. He said he agreed th n Jeannette believed that architects were most concerned a mem a making arbitrary decisions. However, this o is a recta to further limit themselves with respect to lions. He agreed that a committee was preferable to having staff e the decisions during this period so that the process could rar a more timely fashion. While the goals and ideas in the are od the implementation will be difficult. Ron inship felt this was a bad ordinance and should not be put in place. He couraged the Council to move forward to adopt a permanent ordinance an reserve the integrity of the community. Park Cross, developer, believed that a temporary fix would create havoc and he could not figure out an advantage to the community of a temporary ordinance. Staff is backed up now and this ordinance would extend the process even further. If he were to submit a project to plan check it would take a year for the process to unfold until he was able to get approval. He said he was moat concerned about sizes of lots. Ian Harrison, architect, felt the temporary ordinance was a misstep. Planners have varying degrees of design knowledge and the result of their review would therefore be very subjective. He agreed that lot sizes were a Volume 68 - Page 42 City of Newport Beach City Council Minutes February 18, 2007 problem and are creating difficulty with design criteria. He said he would have a problem with the 50 percent planting requirement on Balboa Island and about the massing of garage doors. Dennis Wood, architect, agreed with other architects and felt this ordinance was a very poor idea that had not been adequately thought through. The design review board in Laguna Beach was started by a group of architects and has deteriorated into a group of lay people without proper credentials who were passing judgment on people's homes. He believed staff was not qualified to pass judgment and that archite hould be the ones to pass judgment. In his opinion an interim ordin is a slippery slope and will lead to disaster. Dick Nichols said he thought thi uld en. He tried to protect the zoning in the areas that were dy well d. The City developed its zoning for the past 40 years a , needs to take a e look at what it wants to change and keep in place Fiat is Working. ro Te said this )sed de mme ;o to the art o ae ordinan with m' ing code is mple a 1 that time, p would be Member G r felt the language could be softened to track with intention of pro ' g guidelines and not mandates. by a31, 2008. Once adequately addres the impervious City should not require a cond story step was before the Council because of a t the difficulty in implementing ouncil has two choices tonight -- es extend the deadline until the 0 for adoption and implementation; to extend the implementation until I MWAber Henn said he would be happy to modify the ordinance to hom ners associations with active review boards. Secondly, it that it Auld be rather easy to have a mid -stop between the Planning ment and Planning Commission to provide a quick resolution. The mandated to implement what is in the General Plan and what is in neral Plan is in this ordinance. He would prefer to move forward with olution with the two modifications and recommendations to soften the Mayor Pro Tem Selich reiterated Mr. Jeannette's recommendations. He would be amenable to excluding HOA's that had architectural review committees and, staff could be instructed to reach out to the architects. Amended motion by Mayor Pro Tern Selich to introduce Ordinance No. 2007 -3 as amended to exclude any homeowners associations that have architectural review committees; and instructed staff to do outreach and encourage the designers and architects to come in for an early consultation. Volume 58 - Page 48 City of Newport Beach City Council Minutes February 18, 2007 The amended motion carried by the following roll call vote: Ayes: Council Member Henn, Mayor Pro Tem Selich, Mayor Rosansky, Coucil Member Webb, Council Member Gardner Noes: Council Member Curry, Council Member Daigle L. PUBLIC COMMENTS Ron Winship said he was shocked that the City and County do not require permits for fumigators because of the toxic chemicals being ed. He asked the City to request of the state that this process be monitored at l level. Beverly Bernstein was also concerned about th gation materials and related health concerns because of the number of p wing in her complex who have severe ailments. She asked the Council carin d compassionate about this issue and help the residents. Bill Ficker was disappointed that t ity s rushing to s g about a City Hall at the library site. He had ourag public exchange o ation and tried to do that in his proposal to b op unities to the City Co Many people could enjoy the site for City Hall a employees. Newport Cen has in excess of 8 acres that offers an opportunity ark areas and covered parking. He asked Council to afford him apportunity to ent his plan to the community. N. PLANNING COMMISSION AGENDA AND ORAL STANUS REPORT 17. PLANNING COMMISSION AGENDA FOR FEBRUARY 8, 2007. [100- 20071 Volume 58 - Page 44 City of Newport Beach City Council Minutes February 18, 2007 Planning Director Lepo reported on the following Planning Commission items: Santa Ana River Vision Plan Advisory Committee formation; Planning Commission email policy; Planning Department website; standard project conditions of approval, update on Planning Department organization; and, Isla Vista Homes (PA2004 -123) — 1499 and 1515 Monrovia Avenue. 18. POLICE DEPARTMENT PLAN TO ADDRESS COMMUNITY CONCERNS IN THE OCEAN BLVD. ARE OF CORONA DEL MAR AND PENINSULA POINT. [100 -20071 Pions he made during a previous scuss crime statistics for the it intimated that enforcement Ana del MaNMaran ean Boulevard tuation, the dnds to address tAm intendommunications eighborho We ings; providing . a of Corona dPeninsula; re- ach areas; esquate lighting, document graffiti. On a long -term basis the tNdebeach l rity gate at the Corona del Mar irection on securing a low light and Peninsula Point and of $75,000 including a storage not recommend adding overtime Poin a at this time. Member Dai asked for more information on the Neighborhood rogram and Chi McDonell elaborated with emphasis on attempting ore public p pation. Anyone interested in becoming a block 7tact epartment. Coun ' support of the Chiefs recommendations and and kp,d him and the department for their responsiveness to this issue. [snag AL m adu responded to Mayor Pro Tern Selich that the gate be i Pd at the entrance. Chief McDonell said the gate would be nically controlled. Di j Nichols said he supported use of cameras and suggested a later e rcement time of 12:00 midnight or 1:00 a.m. to 6:00 a.m. otion b Council to 1) approve funding in the amount of $10,000 for a metal security gate to be installed at the entrance of the City municipal parking lot at Corona del Mar State Beach; and 2) directed staff to return with more information on the use of remote low- light cameras in public areas for law enforcement purposes. Substitute motion by Council Member Henn to 1) approve funding in the amount of $10,000 for a metal security gate to be installed at the entrance of the City municipal parking lot at Corona del Mar State Beach; 2) directed staff to bring back info on the use of remote low -light Volume 58 - Page 45 City of Newport Beach City Council Minutes February 13, 2007 la cameras in public areas for law enforcement purposes; 3) approve the use of overtime on a trial basis for two officers to be assigned exclusively to the Ocean Blvd. and surrounding area on Thursdays, Fridays and Saturdays between the hours of 9 p.m. and 3 a.m. until the cameras are implemented; and 4) approve a budget amendment (07BA -044) appropriating $10,000 from the unappropriated General Fund balance to 3140 -8040 for the installation of the security gate. The substitute motion carried by the following roll call vote: Ayes: Council Member Henn, Coucil Member bb, Council Member Daigle, Council Member Gardner Noes: Council Member Curry, Mayor Pr m Selich, Mayor Rosansky 522. APPOINTMENTS TO THE CI COU L/CITIZEN5 ADVISORY COMMITTEE ON INTENSE IDENTIAL CUPANCY. [100 -2007) Motion by Coucil Membe ebb confirm the r s appointments as follows: Mayor Rosans Chair arming Commissi Michael Tcerge; Board of Realtors re n Craig Batley; Wes ewport Beach Association representativ im Miller; Central Bal a Association representative Louise Funden g; and at -large members Robert Rush and Jeffrey Myers. The motion carri ollowing ro vote: Ayes: Council Mem r Henn, Me r Curry, Mayor Pro Tem Selich, Mayor Rosan Co a ebb, Council Member Daigle, 19. OP FROM JUNCIL MEMBERS CURRY AND GARDNER T AFSAFETY ISSUES AT NEWPORT COAST RELIC OAD NORTH INTERSECTION. [100 -2007) :il 4 er Curry spoke about the February 2nd accident that shook mm As a result, he, Council Member Gardner, staff and law ement ertook the challenge to address the issues specific to the hange with the goal to prevent further accidents. He elaborated on the mendations offered for consideration and recommended that Council staff to move forward with the design to incorporate the matter in the CIP program. PReve Shulman, Traffic Services Division, responded to Council Member Webb that as represented by The Irvine Company the map clearly indicates signage that specifies, "do not enter on Pelican Hills North" and there should be supervisors present to direct traffic accordingly. Council Member Webb said some individuals have said this exit should be closed and the City does not have the authority to enforce such a closure. The vehicle code gives trucks the right to proceed over the most direct route. Lilly Cooper, Vice President, Pelican Heights HOA, said the intersection has been a concern for many years and that numerous accidents have occurred Volume 58 - Page 46 City of Newport Beach City Council Minutes February 18, 2007 at the poorly designed intersection. Mrs. Cooper said that she believes the homeowners association has no jurisdiction outside of the gate for purposes of granting easements. City Manager Badum stated that according to assessor records the intersection is owned by the HOA. Steve Craig, President, Pelican Heights HOA, presented Council with several letters. He said he witnessed the accident and was stuck inside the gate for more than an hour. The Irvine Company employees were unable to get The Irvine Company to respond and no enforcement was provided for traffic control. He appreciated Council Me rs Curry and Gardner's speedy response to this problem and felt it as time for the City to act to properly redesign and mitigate this inte nge. Charles Bollis tha ed Coun ers Wry and Gardner for their swift res se. The inter ction ' poorly ed and extremely dangerous. At t of Imam. a gate atten ant had no idea there had been an ccide and refused let him through. He suggested installing speed humps slow both the ck and passenger vehicle traffic. !va!nd oeme trucks weigh 66,000 pounds and are a serious t!!d y is concerned about who has responsibility and to p cipate in re- engineering this intersection. He urged work with them to come up with alternative designs for the Co it Member Webb suggested the City consider a maximum truck speed of 435 mph all the way down the hill to Coast Highway. M ion by Council Member Curry to 1) approve and direct staff to lement a specific list of Safety Improvement Measures recommended by 09uncil Members Curry and Gardner; and 2) direct staff to report back to the Council and the community every three months with information about the effectiveness of these measures and to evaluate truck speed limit as suggested by Council Member Webb. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Coucil Member Webb, Council Member Daigle, Council Member Gardner Volume 58 - Page 47 City of Newport Beach City Council Minutes February 13, 2007 20. TRANSIENT OCCUPANCY TAX (TOT) INCENTIVE PROGRAM - CRYSTAL COVE HISTORIC DISTRICT. [100 -8007] Assistant City Manager Kiff stated that this agreement proposes to return 100% of the Transient Occupancy Tax charged to the Crystal Cove cottages back to the Crystal Cove Alliance to assist them with cottage restoration efforts and allow them to acquire matching funds in order to bring more of the cottages back on line faster. Council Member Gardner said she supported W program that allows people to stay on the beach for a reasonable amo uqeas well as other benefits. Mayor Pro Tem Selich felt it was be li \wansupport venue and pour it into one project. There are other storihin the City that may request similar programs. t e City t Crystal Cove the project should compete on i merits ects on an annual basis. Council Member Daigle too wo uls included as a CIP project that should be eqLated and funded just like all'other projects Mayor Rosans Iso toured t facility and was skeptical about the approval of a agreemen r a significant amount of money. Certainly this p et eed to ete on an annual basis and would like Council con nee to tall pr a revised agreement. He was -' "- - k res-p-&Wto Council Member Webb that if the City approved annual allocation the Alliance would move to immediately put o use. Da ee, Chalkman, Crystal Cove Alliance, stated that the Alliance was closlo entering into a design -phase contract with the architects and )en sere for a $20 million build -out. The effort is to move forward diately and to use the TOT funds toward that end with money being within 60 days. Mayor Rosansky said he understood the TOT funds be used to restore cottages to be placed in the rental pool. Rich Rozelle, Superintendent, Orange Coast District, California State Parks, said this project is in the top ten of the department's priority list. Council Member Curry supported the project while sharing Mayor Rosansky's concerns. The five years gives the Alliance long -range planning opportunities while giving the City the right on an annual basis to review the merits of the project and cancel upon 60 -days notice should it deem appropriate. Volume 58 - Page 48 City of Newport Beach City Council Minutes February 18, 2007 Mayor Rosansky said he understood the agreement but felt that if the Council approved the agreement the 60-day cancellation clause would never be exercised. Mayor Pro Tem Selich said he would prefer to have this agreement considered on an annual basis. Council Member Daigle reiterated her desire to have the agreement included for consideration as part of the annual CIP budget. Motion by Coucil Member Webb to au the City Manager to execute an Agreement (based on the Term eet attached to staff report) between the City and the Crystal Cove nee to assist the Alliance with cottage restoration efforts by retur % of the City's share of the TOT to the Alliance. The motion failed by the Ayes: Council Member Gardner Noes: Council Member' Council Member I Q. MOTION FOR REG R. ADJOURNMENT -] The agenda for the on the Cit Hall E Beach A trati City Clerk Dated on i located Building. roll call vote: Member Pro Tem Selich, Soffer Council Member Rosansky, Rs posd on February 7, at 2:18 p.m oca utside of the City of Newport The supp mental agenda for the Regular ry 8, 2007, at 8:00 p.m. on the City Hall .de of the City of Newport Beach Recording Secretary Mayor Volume 58 - Page 49