HomeMy WebLinkAbout01 - Minutes - 09-11-2007September 25, 2007
Agenda Item No. 1
CITY OF NEWPORT BEACH
Council ber Gardner noted that Tim Paone's name was mispelled in the
minutes
Council Member Daigle joined the meeting at 4:10 p.m.
2. STATUS OF. IMPROVEMENTS TO DEVELOPMENT REVIEW, PLAN
CHECK AND PERMITTING PROCESS. (contd. from 8114107) /1 00 -20 0 71
Assistant City Manager Wood provided the staff report.. She asked Council to focus
on the recommendations, particularly the short-term recommendations, that will
require additional resources to make further improvements (i e., public counter area,
entry doors, reconfiguration of staff work stations behind the public counter,
continue to develop and update public information as handouts and on the website,
and more training programs).
Volume 58 — Page 255
City of Newport Beach
Study Session Minutes
September 11, 2007
Assistant City Manager Wood stated that the Hogle- Ireland report included a
recommendation to explore a project manager concept, however, they don't see how
it can be done with the current staff and workload. Proposed short -term
recommendations include looking at possibly formalizing the Development Review
Committee, establishing a new Application Intake Coordinator position (estimated
to cost $80,000 annually) to assist less experienced customers and to screen project
applications, possibly closing City Hall offices every other Friday so the 0/80 work
schedule for staff can be maintained and to eliminate confusion for the customers,
and simplifying the zoning code.
Assistant City Manager Wood added that some to commendations are to
make additional improvements to the .GIS sy and convert to electronic
submittals and review of plans; however, this quire a big investment in
hardware, software, and training.
Assistant City Manager' Wood• review a Ian C Monitoring Reports
compiled for the last two .months. S tated that staff is well in meeting
the goal of a four -week turnaro r initia Ian checks; a smaller
number of cases where staff is n as w and they are uing to look
at improving. those situations; and. r direction n the short -term
recommendations.
Council. Member Daigle stated that she is supportive of the recommendations to
improve the plan check process. She feels that the task forces with mid - junior level
employees are very good since they're doing the work, and the Application Intake
Coordinater position is a good idea. She added that she spoke with the person who
conducted the evaluation and one idea they had was to sort projects by complexity.
Assistant City Manager Wood stated that Attachment 5 (Plan Check Tracks) to the
August 14, 2007, staff report outlines the turnaround times for the various types of
plan checks offered. Additionally for some time now, the Deputy Building
Official has reviewed and sorted through the plans (within one week of submittal)
to process the easier plans more quickly. The Planning Department has also started
doing this.
Volume 58 - Page 256
City of Newport Beach
Study Session Minutes
September 11, 2007
Council Member Daigle stated that, with the Building Department database, staff
has made a lot of headway with their. reporting. She added that she would also
be interested in knowing how long it takes each department to review the second,
third, and fourth round of plan submittals.
Building Director Elbettar stated that, since staff 'does not screen plans at
submittal, the likelihood of having a set of plans come -into the system that needs a
second round review is great. Every plan taken in will at least have a first and
second round review, unless it is approved over the counter. It is best if plans can .
be approved on either the first or second round, as su equent submittals are very
time consuming.
Council Member Daigle stated that she had at League of California Cities
panel discussion' on CIP benchmarking and ndar nd questioned whether it
would be possible to get a report to look t the to i.e., drawing up plans,
bidding, etc.) within the CIP.
Public Works Director Badum resp d that uncil already a tools at its
disposal in the schedule included P bu document. T schedule is also
posted on the City s website, so it can in al time a it changes. Staff
intends to give Council a:quarterly report ding the scheduling and how things
might . have changed and sues involved.
Council Member Daigle eta is not 'o g at project status but is
also interested in the stan ds. ted t other councils receive regular
reports so they can establish nd a City doesn't•have standards,
and that it i _ '_'s intent to stan
Pro Te elich indicated that he has two concerns: 1) formalization of the
De ent ew Committee, which could complicate the process and discourage
people, osure of the offices every other Friday, which he does not support.
He belie hat it is incumbent upon the applicants to track when their staff
member ' available. Council Member Curry concurred with Mayor Pro Tem Selich's
concerns about closing on Fridays and suggested that employees put their work
schedule on their business cards.
In response to a question by Council Member Curry, Assistant City Manager
Wood stated that it is not a quantitative goal, as the.projects vary so much amongst
themselves. Perhaps there could be a goal of reducing the turnaround time on
subsequent submittals or reducing the number of resubmittals. She does not think
the process should ever be over, as there are always new ways of doing things that
should be explored.
In response to a question by Council Member Webb regarding enclosing the
breezeway to improve the counter area, Building Director Elbettar stated that
Volume 58 - Page 257
City of Newport Beach
Study Session. Minutes
September 11, 2007
these ideas were explored but put on hold in lieu of a new City Hall. Council
Member Webb stated that a new City Hall is two to three years away and perhaps
we should look at making these improvements, if the .cost were $25,000- $50,000.
Council Member Henn concurred with .Council Member Webb, as long as staff
returns to Council to let them know what the cost will be. He also agreed with
comments made pertaining to closing City Hall every other Friday.
City Manager Bludau stated that, of all the recommedations, the Application Intake
Coordinator position has the most potential for improving turnaround times and
questioned whether Council would consider creating . his -new position. Council
Member Webbsuggested filling this position with - the experienced plan
processers and then backfill the vacated position, can' imagine hiring someone
without significant knowledge of the City aed artments. Assistant City
Manager Wood stated that the thought is to !NQ.
an d have people rotate
into this function since back -up for the positi
Council Member Daigle expressed nceru that this ' n may become a
bottleneck that would delay the p In res onse to Counc ns, Assistant
City Manager Wood stated t en ' ed.-that the Lion Intake
Coordinator is the fast person someone d ding .Dire r llatettar stated
that it would take approximatLes Nofthe to do an initial review of the
plans to ensure all req ' infd to allow staff to do a complete
and substantial review. Wood added that not everyone
coming into the office will n tor.
Dolores commended Building. Director Elbettar and the Planning and
Buildingpepartments and expressed her support for adding the position.
3. TSUNAMI WARNING SYSTEM.
Fire Chief Lewis thanked everyone for attending the grand opening and dedication
of Fire Station #7 (Santa Ana Heights).
Using a PowerPoint p'iesentation, Chief Lewis provided the staff report and noted
that, although the sirens are being considered as a tsunami warning system,
they could be used for all hazards such as gas releases, etc. He added that
Huntington Beach has a list of instances of when they use their sirens and the last
tsunami in Orange County was in 1964, which resulted in minimal damage to the
City.
Volume 58 - Page 258
City of Newport Beach
Study Session Minutes
September 11, 2007
Council Member Gardner stated that tsunamis were 11th on the list of hazards and
questioned, of the other 10 hazards, which ones the sirens would be used for and
if they could be used for wildfires or flooding. Chief Lewis responded that the siren
could be used for the failure of Prado Dam, although it may not allow enough time to
do anything. He reported that he sees it more as a warning system to get everyone's
attention all. at once and to advise them to turn on their radios or televisions for
more information. Further, it could potentially be used for wildfires, but most
people would already be tuned into their televisions.
Council Member Webb stated that Prado Dam is not a ' cant item, as they have
also built a dam upstream to take the pressure off Dam, and there would
have to be a total failure of. the dam in order to rry about flooding. Regarding
flooding, there are some low areas along the a River that could" flood,
but the City is well off as far as storms.
Chief Lewis stated that the probability o i is to if sirens are desired
to cover the entire City, the $200,0 at would increase. Manager Bludau
stated that the issue won't go away we h e some type o system and
then the question is whether to go i
Council Member Webb added that the t
2008 would be more effewtive. Council
e ne message technology projected for
Me ..Henn stated that .visitors to the
e since do not reside in the area. He
of ways a completely unpredictable;
of die rs; he ie a strong proponent of
hbfimm and real value in the event of a
loo tae abroad -based hazard warning
i wi Council Member Henn.
Selich, Chief Lewis stated that the other
are Huntington Beach, San Onofre/San
Mayor e d having cell companies wishing to install cell towers in
the CitR co poles, and the City could lease the space to install the
Membe aigle stated that residents /victors need to know what to do when
the a go o Chief Lewis stated that police and fire units will be working the
atree d ' people on what to do.
Dolores ing thanked Council Member Henn for pursuing this. She stated that
there are all types of emergencies and $200,000 is a minimal expenditure that
will provide safety to the residents and visitors.
4. REVIEW OF ,PROGRAMS AND GRANTS DEALING WITH WATER
QUALITY. (contd. from 7/10/07) - Continued.
III. PUBLIC COMMENTS -None.
IV. ADJOURNMENT - 5:50 p.m.
The agenda for the Study Session was posted on September 7, 2007, at 1:50 p.m. on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration Building.
Volume 58 -Page 259
City of Newport Beach
Study Session Minutes
September 11, 2007
Recording Secretary
Mayor
City Clerk
Volume 58 - Page 260
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
September 11, 2007 — 7:00 p.nL
I. STUDY SESSION - 4:00 p.m.
H. CLOSED SESSION - 5:50 p.m.
III. RECESS
IV. RECONVPNF.D AT 7.11 P_M_ 1
V. ROLL CALL
Present: Council Member Henn, Council Member C9WMayor Pro Tem Selich, Mayor Rosansky,
Council Member Webb, Council Member Daigl8ROQuncil Member Gardner
Acknowledgement of,#We'Al Anniversar f 9/11 - Mayor Rosansky asked that everyone keep
the soldiers around t1#0world ji their prayers.
Cultural Arts G Pre ntations - Kirwa Rockefeller, Chair of the City Arta Commission, „
presented the 2007 -2 C to the Baroque Music Festival, Festival Ballet
Theater, Keith Glassma nee Company, Newport Beach Film Festival, Orange County Museum
n out Opera, Orange County Pacific Symphony, Philharmonic Society of
ou oast tory Theater, and STOP -GAP Theater.
n Do ion to t 1/1 Memorial - Commander Steve Spriggs presented Mayor
uncil her Curry with a $5,000 check to kick off the 1/l Memorial fundraiser.
Curry r orted that all donations are tax deductible, checks can be made payable
rt Bea 1/1 Memorial Fund ", and sent to the City Manager's office.
x NOTIC
XI. CITY
Council Member Gardner reported that, last week, she went to Eureka, California, for the Coastal
Commission meeting to discuss the Balboa Theater and, with the assistance of Carol McDermott,
they were able to resolve the parking concerns.
Council Member Gardner reported that, during the meetings regarding the Corona del May Branch
Library, there was enough community support to keep it at the current site and not move it to the
Volume 58 - Page 261
City of Newport Beach
City Council Minutes
September 11, 2007
OASIS Senior Center.
Council Member Gardner reported that the opening of the Newport Coast Community Center will
be on Saturday and the family day will be on Sunday.
Council Member Gardner commended the Corona del Mar Chamber of Commerce on the annual
car show.
Council Member Gardner thanked staff for minimizing the impa in Corona del Mar
during construction on Pacific Coast Highway.
Council Member Daigle noted that she attended the League of Cities Conference in
Sacramento, in which 478 cities were in attendance. She ghte reference discussions
relative to Proposition IA and group homes. She empha ' that. Newp each is absorbing
more than its fair share of the regional demand for group h es.
Council Member Webb reported that he attended the tern onal Literacy Day p am at the
Central Library last Thursday in which 82 learners 72 rs were recognized.
Council Member Henn thanked Council Member for taking the leadership role on behalf
of the Balboa Theater, and thanked Council Memb air for representing the City at the
League Conference, especially with regard to group home S.
Council Member.Henn reported that th can now move a with the planning and building
of Marina Park, and that Marina Park by Septemb 09.
Council Member Henn reported that t re will b ser for the McFadden Square
Centennial Legacy project on September 28 t the borside staurant. The cost is $275 /couple
and it also gets your name engraved on 1 or upgrades your plaque if you've already
purchased one.
Council Member He po d that Roy Di ey agreed to donate a 52" trophy to display the
names of the elapse me w' ers of the Trans &c Race from California to Hawaii and that it will
be displayed at theAhaitical hfuseum. lk
Council Member Henn ced that t e thein California Plein Air Artist Association will be
odisplayinin ling the Nautical Museum. He reported that people can purchase
a ur d S and that 30% of the proceeds goes to the Museum.
er Curry ounce at the City Arts Commission completed another great season
In The P and Concerts In The Park.
er Curry ounced that Taste of Newport is this weekend r Curry vited everyone to the grand opening of the Newport Coast Community
end.
Mayor Pro Tem ch indicated that a flier was sent to the residents of Bayadere and Irvine
Terrace about a neral Plan Implementation Committee meeting on Wednesday. He reported
that the topic of categorical exemptions for those lots is not on the agenda, and assured the
residents that their lots are categorically exempt from a coastal development permit.
Mayor Pro Tern Selich announced that, on Wednesday at 6:00 p.m. at the Newport Beach Yacht
Club, Speak Up Newport will have a presentation by Assistant City Manager Kiff about the
mooring situation in Newport Harbor.
Volume 58 - Page 262
City of Newport Beach
City Council Minutes
September 11, 2007
Mayor Rosansky reported that the Police Department is looking for residents to participate in their
next Citizen Police Academy.
Mayor Rosansky announced that the opening ceremony for the new fire station and community
room in Santa Ana Heights was yesterday. He thanked former Supervisor Silva for allocating $4
million and Supervisor Moorlach for allocating $5.5 million of redevelopment agency funds toward
the $11.5 million project. i
XII. CONSENT CALENDAR
A.
1. MINUTES OF THE ADJOURNED REGUW& ANDVGULAR MEETING
OF AUGUST 14, 2007: Waive reading of s ci minutes, NlInrove as written and
order filed.
11 RL,
2. READING OF ORDINANCES AND ASO TIONS. Waive relftg in full of
all ordinances and resolutions and co lei ation, and direct City Merk to read
by title only.
B. Owl FINANCE FOR INTRODUCTION
C. CONTRACTS AND AGREEMENTS
5. SELECTION OF A D CONTRA GOTIATIONS FOR THE
LANDSCAPE MAINT BLIC IN NEWPORT COAST
(C-3569). [38/100 -2007] ate atwo -year agreement with
Park West Landscape M Inc., o anta Ana, to provide landscape
maintenance services in t Coast area, and return to the September
25th City C ail meeting reement for approval.
6. IRVIVrAVPNUE AND . VER DRIVE 24" WATER MAIN (C -8708) -
APP OVAL OF AMEND T NO. 1 TO ON -CALL PROFESSIONAL
S CES AGREEMENT TH ARROYO GEOTECHNICAL FOR
SU S TESTING AND GEOTECHNICAL
SERV [38/100- pprove Amendment No. 1 to On -Call Professional
Nveco went (PSA) with Arroyo Geotechnical for supplemental materials
nd chnical. services specifically for the Irvine Avenue and Dover
Water co ntract.
BACK AY SCIENCE CENTER (C -8460) - COMPLETION AND
VDRL, CE WITH J.G. TATE FIRE PROTECTION, STANDARD
INC., U.P. LANDSCAPING, CONTROL AIR, AND
TAL PLUMBING. [38/100 -2007] a) Accept the work performed and
J.G. Tate Fire Protection, Standard Drywall, U.P. Landscaping,
nd Continental Plumbing; b) authorize the City Clerk to file a Notice
for each trade contractor, c) authorize the City Clerk to release the
aterials Bonds 35 days after the Notice of Completions have been
recorded in accordance with applicable portions of the Civil Code; and d) release
the Faithful Performance Bonds one year after Council acceptance.
8. 2006 -2007 CITYWIDE STREET, PARKING LOT, AND STORM DRAIN
IMPROVEMENTS (C -3793) - COMPLETION AND ACCEPTANCE. [381100•
20071 a) Accept the work; b) authorize the City Clerk to file a Notice a.
Completion; c) authorize the City Clerk to release the Labor and Materials Bond 31
Volume 58 - Page 263
City of Newport Beach
City Council Minutes
September 11, 2007
days after the Notice of Completion has been recorded in accordance with
applicable portions of the Civil Code; and d) release the Faithful Performance
Bond one year after Council acceptance.
9. CLIFF DRIVE PARK STAIRWAY AND HANDRAIL REPLACEMENTS -
AWARD OF CONTRACT (C- 8795). [381100 -2007] a) Ap rove the plans and
specifications; b) award C -3795 to G2 Construction Inc. fo a total bid price of
$147,426.60 and authorize the Mayor and City Clerk to a cute the contract; and
C) establish an amount of $14,700 to cover the cost of seen work.
10. MARINERS PARK IMPROVEMENTS - AWAR CONTRACT (C- 8806).
[381100 -2007] a) Approve the construction draw' gs tions; b) award
C -3806 to Environmental Construction Inc. for a total p f $861,216.00 which
includes the total base bid price of $786,71 and all three ative bid items
totaling $74,506.00, and authorize the or and the City C execute the
contract; c) establish an amount of $86, .00 0 %) to cover the co unforeseen
work; and d) approve funding for hni and material testing vices in the
amount of $7,000 with Harringto 011 cal Engineering per the existing On-
Call Professional Services Agree ouncil Member Webb abstained on
this item)
11. RIVO ALTO COPING REPLACE FINLEY AVENUE AT 36TH
STREET BULKHEAD PAIR; 26TH S T TIDE GATE STRUCTURE
AND BULKHEAD VEMENTS; VIA LIDO WALL
REPLACEMENT (C 8 7) - OF C RACT. [381100 -20071 a)
Approve the construction awinga tions; b) award the contract (C-
3657) to John S. Meek Co., r the bid pri f $836,000.00, and authorize the
Mayor and the City Clerk ute the contract; c) establish an amount of
$83,600 (1 ° to cover the of unforeseen work; and d) approve a budget
amendm BA -010) tra rring $139,000 from Account No. 7231- C5100836,
Ocea ier airs, to Aceoun 0. 7231-05100887 for 26th Street Tide Structure
and hea Improvements, 2 d transferring $281,000 from Account No. 7231 -
C 36, O an Pier Repairs Account No. 7231 - 05100738 for Via Lido Crib
Wall testing and project contingency.
12. ES AL SERVICES AGREEMENT WITH DOTY BROS.
C RUC N COMPANY FOR ON -CALL UNDERGROUND UTILITY
REP (C 8 [381100 -2007] Approve the agreement with Doty Bros.
Constru 'on Comp y for underground utility repairs on an on -call basis.
13. "PRO OF PROFESSIONAL SERVICE AGREEMENT WITH
SUPER R GUNITE FOR EPDXY COATING SAFETY PLATES, OIL
FIELD ANK TOPS, AND WASTEWATER MANHOLES (C- 8984). [38/100-
2007] pprove a professional services agreement with Superior Gunite for the
a preparation and epoxy coating of safety plates, oil field storage tank tops,
vertical feet of wastewater manholes for a not to exceed.price of $81,050.00,
a authorize the Mayor and City Clerk to execute the agreement.
14. AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HOAG
MEMORIAL HOSPITAL PRESBYTERIAN FOR THE DELIVERY OF
NATURAL GAS (C- 2498). [381100 -2007] Approve an agreement with Hoag
Memorial Hospital Presbyterian for delivery of excess natural gas produced from
the sixteen (16) City -owned oil wells as a by-product of oil extraction activities, and
authorize the Mayor and the City Clerk to execute the agreement.
Volume 58 - Page 264
City of Newport Beach
City Council Minutes
September 11, 2007
XIII.
D. ibffSCELLANEQ.US
16. BIG CANYON CREEK RESTORATION PROJECT - ADOPTION OF
MITIGATED NEGATIVE DECLARATION. [100 -2007] Adopt the Mitigated
Negative Declaration.
17. BUDGET AMENDMENT TO ACCEPT A CHECK FRO THE MARTHA J.
FLEENER TRUST AND APPROPRIATE FUNDS F MAINTENANCE
AND OPERATIONS BUDGET FOR FY 2007 -08. [10 0071 Approve a budget
amendment (08BA -009) to increase revenue estimat2gy $30,000 in Account No.
4010 -5901 (Private Donations and Contributions) d to increase expenditure
appropriations in 4017 -9006 (Software Licenses) t me amount due to the
receipt of funds from the Martha J. Fleener Tr
Motion by Mavor Pro Tye _ Selic h to approve the ent Calendar, t those items
removed (3, 4, & 15); and noting the abstention of Coun ' e er Webb on Item
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member ayor Pro Tem Selich Mayor Rosansky,
Council Member Webb, Council Member Daigle, cil Member Gardner
Without objection, it was the consensus discuss ltemlftwmd 4 at the same time
3. IMPLEMENTATION OF PERS NHANC MENT FORMULA FOR FIRE
SAFETYAND MISCELLANEO EMP ES ( 3). [381100 -2007]
4. LABOR NEGOTI IONS -NEW ORANDA OF UNDERSTANDING (MOUs)
WITH MISCE OUS EMP E BARGAINING UNITS, THE POLICE
EMPLOYEES CIATION (P ), AND THE NEWPORT BEACH FIRE
FIGHTERS OC TION (FFA); PPLEMENTAL MOUs WITH PEA AND FFA;
NON -MO GREE NT WITH KE MANAGEMENT PERSONNEL. [38/100-
2007]
Asia it Ma r Kiff provided the staff report for Items 3 and 4, and reported that
f e, non - safety employees, the term of the Memoranda of
nderstandin CU) a years, and that the MOUs include an employee -paid 2.5%
at 55 retiremen an.
In response to until questions, Assistant City Manager Kiff reported that the
supplemental M s need to be executed by five bargaining units and the retirement plan
elf- funded b he employees.. City Attorney Clauson confirmed that, by agreeing to the
the bar ng units cannot bring up retirement as a bargaining issue for ten years.
Mayor believed that the City should not follow the trend for enhanced employee
pensions. a expressed concern for future City Councils to increase the net pay to match
other cities.
Council Member Curry emphasized that the employees will be paying the full cost of the
retirement plan. Assistant City Manager Kiff reported that, without the change, the City
was in the bottom third in Orange County, Los Angeles County, and San Diego County,
but with the change, the City is in the middle third. City Manager Bludau agreed that
this is an important change in order to recruit and maintain the work force.
Volume 58 - Page 265
City of Newport Beach
City Council Minutes
September 11, 2007
Council Member Curry indicated that he will support this adjustment in order to
recruit and retain staff. However, once this is done, he believed that the same protections
should be created that San Francisco and San Diego have which require voter approval for
any subsequent pension increases.
In response to Council Member Webb's questions, Assistant City Manager Kiff reported
that the pension is 2.5% across the board; however, with the 2% at plan, it tops out at
63 years old at 2.41 %x. ,
Dick Nichols read a letter he presented to Council relative defined benefits, defined
contributions, and retirement benefits in the private ae He requested a financial
report of retirement and health plans. He asked about re a 'ability and health care
costs, how this is applied to retirees, and whether Co 'can co t the electorate to a
new tax without a vote of the people.
In response to Dolores Otting's questionerethat y Clauson indica hat Council
Member Daigle doesn't have a financiaa didn't need to le the dais.
Further, there is provision in State law t cils to vote on benefits they might
receive, as long as the. benefits are not in bove what is being received by all
employees. Assistant City Manager Kill e safety employees do not have a
ten year contract, the City is currently in nego ions with the police association, and the
fine association's MOU ends this year. He confirme t PERS does not offer a 3.5% plam
Motion by ouncil ember Item 3] a) ado solution No. 2007 -59 relating
to the City's intention to appro an nt to the tract between the Board of
Administration, California Public ployees' N1J@&LSystem (PERS) and the Newport
Beach City Council to authorize "3 retire nt formula for specified safety
employees within the Fire Depart ent d an employee- funded "2.5%055" retirement
formula for local ml llaneous mem and b) introduce Ordinance No. 2007 -13 relating
to a PERS contr ndment; and ss to second reading on October 9, 2007; and [Item
41 a) autho ' the Mayor to exe to comprehensive new 3 -year Memoranda of
Understan ' (MO ) with the Ne rt Beach City Employees Association (CEA) (C-
2059), the wport ach Employees gue (League) (C- 2065), and the Newport Beach
Professional a T sociation (Prof -Tech) (C- 2051); b) authorize the
Mayor to execu plements to a xisting MOUs with the PEA (C -2056) and FFA (C-
206 corpo an employee- funded 2.5% at 55 retirement program for non - safety
nn the C a Public Employees Retirement System (PERS); c) authorize
e Mayor to to sp new 10 -year MOUs with CEA, League, Prof -Tech, PEA, and
FFA limiting f nego ions to change the proposed 2.5% at 55 PERS plan and its
employee -paid n ure; and d) authorize the same level of benefits (same as non - safety
miscellaneous a loyees) for "Key and Management" personnel.
motion ca d by the following roll call vote:
Ayes. Co Member Henn, Council Member Curry, Mayor Pro Tem Selich, Council
er Webb, Council Member Gardner
Noes: yor Rosansky
Abstain: Council Member Daigle
15. MARINE 1/1 BATTALION MEMORIAL SCULPTURE CONCEPT AND DESIGN:
APPROVAL OF CONTRACT, LOCATION OF SCULPTURE AND STATIONERY
FOR MARINE 1/1 MEMORIAL COMMITTEE (C- 8985). [381100 -8007]
Council Member Curry reported that the City conducted an international search for an
artist for the Marine 1/1 Memorial sculpture and Benjamin Victor was selected. He
Volume 58 - Page 266
City of Newport Beach
City Council Minutes
September 11, 2007
EM
reviewed Mr. Victor's artwork throughout the United States and reported that they hope
to have the memorial in place by Memorial Day 2008. He reviewed the selection process
for the artist and sculpture location. He noted that the sculpture will be placed at
Castaways Park and will be visible from the highway, not from the homes. He noted that
the residents' concern deals with people currently leaving remembrances in the park and
indicated that they will work with the Parks, Beaches and Recreation Commission to
address this concern.
Benjamin Victor, Aberdeen, South Dakota, described the sc
design came from interviewing over 200 soldiers that served
Motion by Council Member Curry to a) approve
concept, design, fabrication, and installation, and autW
an agreement, with concurrence of the Marine �an,
artist/aculptor Benjamin Victor of Benjamin Vi to
plaque, and four benches, including transports '
Park site, on Dover Drive, as the recommen loco
Memorial bronze sculpture/monument; a ) ap e
Memorial Committee.
1pt and indicated that the
World War II to today.
N Battalion sculptural
onager to appro ve
e, with selected
for a bro ulpture, base,
stallation; b) app Castaways
n for installation of tHWMarine 1/1
the letterhead for the Marine 1/1
The motion carried by the following roll call vo
Ayes: Council Member Henn, uncil MemNCMayor Pro Tem Selich, Mayor
Rosansky, Council Membe ounle, Council Member Gardner
PUBLIC HEARINGS
18. CODE AMENDMLZ -0 - SCREENING OF MECHANICAL
EQUIPMENT (PG REGULATIONS REQUIRING THE
SCREENING OF O OF- MOUNTED AND GROUND - MOUNTED
MECHAHIC ROPERTIES IN ALL ZONING DISTRICTS.
[loo -20071 Assistant er B report and highlighted the provisions of the
Code Amendm
In Co questions, Assistant Planner Brown indicated that the Code
endmen oouse equipment that can be seen from public right-of -ways, not for
instances whe a nBig can see an air conditioning unit in another neighbor's
backyard. Reg house on a bluff, she reported that, if it is necessary, the Planning
Director can req the equipment to be screened.
otion b Co cil Member Webb to introduce Ordinance No. 2007 -14 approving Code
ndment No 007 -004, and pass to second reading on September 25, 2007.
Mayo an opened the public hearing.
In respo to Dolores Ottinis questions, Mayor Rosansky explained that a building
permit is required to install the equipment and, as part of the permit process, they will be
required to screen the equipment. For existing equipment, Assistant Planner Brown
reported that screening will be required when changing out the old equipment.
Hearing no further testimony, Mayor Rosansky closed the public hearing
The motion carried by the following roll call vote:
Volume 58 - Page 267
City of Newport Beach
City Council Minutes
September 11, 2007
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
19. PACIFIC VIEW MEMORIAL PARK DEVELOPMENT AGREEMENT NO. 7 (C -3058)
- 3500 PACIFIC VIEW DRIVE (PA2006 -282) - TO ALLOW THE CONSTRUCTION
OF A SIX (6) FAMILY MAUSOLEUM AND ESTATE GARDENS IN LIEU OF A
7,200 SQUARE FOOT COMMUNITY MAUSOLEUM IN BUIIJING SITE "H" OF
AREA 8. [381100-2007) Ir
Council Member Webb announced that he has an intern4ft parcel at Pacific View
Memorial Park and recused himself. AM
Associate Planner Ung provided the staff report d `rie'pohk that the Planning
Commission recommended approval
Mayor Rosansky opened the public hearing. ,
Dennis O'Neil, representing Pacific View I
Spyglass Hill Community Association
number of issues, including decreasing t
and having extensive landscape screening E
changes are included in the development
provided a letter of support.
nark, stated that they �ffet with the
erectors and reached agreement on a .
• of family mausoleums from nine to six
the mausoleums. He reported that the
Vgnt and the Community Association
Ruby Louis, General Manager o Memorial , provided the history and a
description of the memorial park. he note of th land was developed with open
space in mind and that the app li ion tries acco ate requests they have received
for family mausoleums. She no tha lots are provided free of charge to safety
employees and soldiers who are kills ipAe line of duty.
Randy McDani cape archite utilized a PowerPoint presentation to display the
plot plans, scape creening, and w simulations of the mausoleums. He noted that
the crypt will b delayed until 2 He reported that Pacific View Memorial Park
has agree of a developm g agreement for a minimum of 15 years.
Bruce Nye, Vice ident of the Spyglass Hill Community Association, reported that they
m �fic emorial Park on several occasions to come to this agreement and
the Bo f Due endorses the amendment.
Sean Bahri sta that, win he bought his house on Monterey Circle, he was told that
only a big wm 'ty mausoleum was allowed to be built and family mausoleums were
prohibited in Ar 8. He expressed concern that the family mausoleums will negatively
et his prolevalue, questioned the legality, and provided photos. He also questioned
ther tree actually screen the mausoleums and why the memorial park is only
m six m eums instead of a community mausoleum for 1,200 crypts.
Bill ' stated that he purchased one of the family mausoleums and is happy that his
family a in one location.
Hearing no further testimony, Mayor Rosansky closed the public hearing.
Council Member Curry reported that he met with neighbors and the applicant, and
believed that Pacific View Memorial Park has worked well with the community to shield
the impacts from the neighbors.
Volume 58 - Page 268
City of Newport Beach
City Council Minutes
September 11, 2007
Motion by Council..Member Curry to a) accept the status report on Development
Agreement No. 7; b) adopt Resolution No. 2007 -60 for Use Permit No. 2006 -040 and
Negative Declaration No. 2007 -001; and c) introduce Ordinance No. 2007 -15 for
Development Agreement No. 2006 -001, and pass to second reading on September 25,
2007.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council ;with , Mayo ro Tern Selich, Mayor
Roeansky, Council Member Webb, r D ' Council Member Gardner
XV. PUBLIC COMMENTS
Pam Bassett stated that, if the City goes forwgroup home torium, it needs
to close the loopholes and not allow any more faize until there solution to the
problems.
Laura Curran, representing residents on Carnand Fernleaf, read the petition she
provided relative to group homes.
Denys Oberman expressed her appreciation for the a to create ordinances and a program for
use management of group homes. She noted that re siden aye spent over $100,000 in legal fees
and reported that they have 1,500 citize who support imp ling a program to regulate group
home use in the City. She submitted a statement relati group homes.
Lori Morris noted that there are a lot of oup hom Ne ort and now they are moving
into Corona del Mar and Newport Heigh . She est tt the moratorium include more
provisions.
Dick Nichols thanked the GiALfor imposing tions on group homes for duplexes and suggested
doing the same for largelolloMt.
Dolores Otting que ned th need for puttin fluoride in tap water, discussed which countries
ban fluoride in th ater, d recommended t t people research the health impacts of fluoride
on the body.
Terry Wels erson he Banning Ranch Park and Reserve Task Force, discussed their
goal of g no s, ho or businesses on Banning Ranch, and requested that the City
appr ' the land and duct a 'bility study. He noted that, at a Sierra Club fundraiser, their
Ta orce received abo 300 sup cards. He added that they do not object to using 30 acres of
site for an active spo park.
Jan dersloot no t the General Plan Advisory Committee and the Banning Ranch Park
and Re Task Fo recommend that Banning Ranch remain open space. He requested that
the City m an early ffort to acquire the site, possibly by having a bond issue.
XV1. OR AT VWOrhl. OM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member ardner reported that the Newport Coast Advisory Committee discussed fire lane
issues.
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
20. PLANNING COMMISSION AGENDAS FOR AUGUST 23, 2007, AND SEPTEMBER
6, 2007. [100 -2007]
Volume 58 - Page 269
City of Newport Beach
City Council Minutes
September 11, 2007
Planning Director Lepo reported on the following items: Code Amendment 2007-005
(Group Occupancies and Short -term Lodgings) during the August 23 meeting; and Liberty
Baptist Church School Expansion (PA2006 -079) - 1000 Bison Avenue, and Panini Cafe
(PA2007 -063) - 2421 E. Coast Highway during the September 6 meeting.
XVIII. CONTINUED BUSINESS
F►
21. USE OF FUNDS FROM LENNAR HOMES OF CALAFORNIA. INC. IN
CONNECTION WITH DEVELOPMENT AGREEMENT FA SANTA BARBARA
CONDOMINIUMS (contd. from 8114107) (C- 3979). [38/10 07[
Mayor Pro Tem Selich reported that, since this item was t ght before Council, the
City has entered into negotiations for a development eme nt The Irvine Company
which involves a substantial amount of park fees b ' generated in port Center. He
believed that it would be appropriate to table thi m and bring it ba t a future date
after the Newport Center development agreeme as been brought before cil.
AW
Motion by Mayor Pro Tem lick to tab ]&% ove the item from the calendar.
The motion carried by the following roll
Ayes: Council Member Henn, Council Membe:
Rosansky, Council Member Webb, Council
522. RESOLUTION CREATING AN ID HOC
LEGAL REVIEW. [100 -2007]
Mayor Pro Tem Selich, Mayor
Daigle, Council Member Gardner
ON GROUP RESIDENTIAL
Council Member H reported thaW resolution in the staff report is to hire outside
legal counsel t with grou ome issues and appoint Council Members to a
committee th will terview law s and make a recommendation to Council as
to which Is m to However, th ity Attorney recommended that the outside legal
counsel h sole 1 al advisory on issue, therefore, the resolution would need
amending. H de n in scope will save the City money and free up the
City Attorney's to work ono er issues. He indicated that he hopes' a law firm is
hir epte 25 meeting.
Mayor Rosa expre support so that there will be a quicker and more agreeable
resolution to sue. ointed out that this would free up the City Attorney to work
on other matte
n response to until concerns, City Attorney Clauson indicated that there is no reason
they can't ntinue doing the work and aid in the transition. Mayor Pro Tem Selich
be d that t Planning Commission should be made aware that Council expects them
to 0o ue move forward. City Attorney Clauson added that Council can give her
directio ntinue to serve the Planning Commission until at least their next meeting,
have the earing on September 20, and have the Commission decide how to proceed.
Mayor Rosansky indicated that there are some Planning Commissioners that are uneasy
with what Council is proposing since they are currently working with information from a
law firm that Council will soon be terminating.
Council Member Webb indicated that he will be supporting this since the City Attorney's
office is being drowned with the amount of time this issue is taking. He commended their
office for putting together the current ordinance and hoped that the new law firm will not
Volume 58 - Page 270
City of Newport Beach
City Council Minutes
September 11, 2007
change the City's direction
City Attorney Clauson emphasized that the goal is not to slow the process down but to
have a smooth transition. She stated that the new legal counsel will take over after the
next Planning Commission meeting.
Mayor Rosansky indicated that he will be appointing Council M ber Henn, Council
Member Gardner, and himself to the committee, with himself be' a Chair.
Council Member Henn requested that the resolution be amen to include City Council's
encouragement to the Planning Commission to continue the" orts.
Motion by Mayor Rosansky to a) adopt Resolution
of the ad hoc Group Residential Legal Revie?e2t n
review the qualifications of law firms and maki
one firm to support Council's review of ordinance e
the amendment that the City Council enco their efforts; and b) appoint Council Mem M Henn, and Council Member Gardner to t 2 h
Dolores Otting requested that the City use S
to Dolores Otting's questions, City Attorney Cla
continue until Council selects 6. new legal counse
added that the Charter allows Council to
item.. Mayor Rosansky indicated will
of attorneys. Following discusai it was
committee after it hires the new le 1 eounse
. 2007- lating to the creation
ittee, who a sliall be to
Dpmmendation to Council to hire
ng to Groi esidRhal Uses, with
Planning Commissi continue
Rosansky (Chair), Council Member
ip Residential Review Committee.
in the ordinance. In response
that Goldfarb & Lipman will
to prevent slowing down. She
wn counsel on any individual
Aire a law firm with a number
of Council to terminate the
Amended motion by Council r Henn to a) adopt Resolution No. 2007 -61
relating to the c of the ad h oup Residential Legal Review Committee, whose
purpose shall b r '( w the qua " tions of law firms and make a recommendation to
the Council o firm to suppo Council's review of ordinances relating to Group
Residenti sea, wi the amendmen that the City Council encourages the Planning
Commissi con effo d that the ad hoc Group Residential Review
Committee s on f legal counsel; and b) appoint Council Members
Mayo nsky ), Council Member Henn, and Council Member Gardner to the ad
den ' view Committee.
Bob Rush beh d that g this will transfer the time that the Planning Commission
uses on this co ex issue the City Council. He believed that the law firm should also
work at the Pla " g Commission level and that there won't be a smooth transition. He
suggested that until stop using Goldfarb & Lipman now and maybe have a delay until
e new legal co 1 is onboard.
Di ehols "eyed that a citizen should be appointed to the committee.
Denys OlWan urged the Planning Commission to continue since they have a lot of
informati . Mayor Rosansky reported that all that information will be provided to the
new legal counsel. Regarding the moratorium, City Attorney Clauson explained that, if
the new counsel does not take it on, her office will handle the moratorium that will be
going before Council in October. Ms. Oberman requested that a moratorium with no
loopholes come back at the next meeting.
City Attorney Clauson assured everyone that her office is available to assist the new,
Volume 58 - Page 271
City of Newport Beach
City Council Minutes
September 11, 2007
counsel should they need it.
The amended motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
XK MOTION FOR RECONSIDERATION - None
XXI. ADM EWMENT - adjourned at 9:49 p.m. in memory of Roy
The agenda for the Regular Meeting was posted on Septe 2007, at 8:26 p.m. on
the City Hall Bulletin Board located outside of Cit Newport Beach
Administration Building. The supplemental agenda f r e RegrularMwting was posted
on September 7, 2007, at 1:50 p.m. on the City Hall B letin Board.locavoLoutside of the
City of Newport Beach Administration Building.
Ar
a IF
Volume 58 - Page 272