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HomeMy WebLinkAbout0 - Minutes - 04-08-2008CITY OF NEWPORT BEA City Council Minutes Regular Meeting April 8, 2008 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. H. CLOSED SESSION - 5:17 p.m. III. RECESSED IV. RECONVENED AT 7;OO,P.M. ] V. ROLL CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner VI. CLOSED SESSION REPORT - None =� VII. PLEDGE OF ALLEGIANCE - Compil MemT r_Rosq VIII. INVOCATION - Reverend Tim lt$cOmont, Presbyterian Church of the Covenant in Costa Mesa IX. PRESENTATIONS , .g!�tt d,iipii Presentation of a Proclamation to the glinerican Heart Association for Start! Walking Day on April 16, 2008 - MagbY SeA_Shaad,,the proclamation and presented it to Dawn Hoem. Ms. Hoem stated that they hope to wane million miles across the nation to raise $1 million. -airy Presentation of,a Ptoclamati for DMV/Donate Life California Month - Mayor Selich read the pro clamatio and `resented its o Susan Duffy. Ms. Duffy reported that people can find out more information about. u' °`t www.donatelifecalifornia.org or www.donevidacalifornia.org, and announced he A ftnual Donate Life Walk/Run will be held at Cal State Fullerton on April 26. Prese ation of heck . y Newport Beach Arts Foundation for Marine 1/1 Memorial Monument - Lila espin and Patricia Jorgensen presented- a $5,000 check to Mayor Selich and Council Member Cur>y. Council Member Curry announced that the groundbreaking ceremony will be held oikmav 26. 0 XI. OR REPORT _(NO_N- M' r''Pro Tern Daigle described the proposal that the Harbor Commission will be considering on April 9 relative to constructing docks for offshore moorings. Council Member Gardner announced that the Corona del Mar Residents Association will be holding its annual meeting on April 23 at 5:30 p.m. at Sherman Gardens; the Corona del Mar Neighborhood Watch will be getting a presentation on April 16 at 6:30 p.m. at the Central Library; and the Fire Volume 58 - Page 441 Agenda Report #1 April 22, 2008 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session April 8, 2008 — 4:00 p.m. I. ROLL CALL II. Present: Council Member Henn, Mayor Pro Tem Dai ,.Mayor Selich, Council Member Curry, Council Member Gardner Absent: Council Member Rosansky, Council Me# er Webb CURRENT BUSINESS: 1. CLARIFICATION OF ITEM NT CONSENT CALE R. Council Member Gardner cl that Item 9 (City Ga ay Signage) is for the Newport Coast Community Cen Council Member H eked if Item (Walker Parking Consultants) includes a mandate to analyze a to parking s ons. He stated that he will ask for it to be added, if needed. 2. Regardin m S14 (City''IHall 'sign Co tition), Mayor Selich reported that the City H CommitteApolourred with the $50,000 stipend. tuber Wdbb joined the meeting at 4:05 p.m. yjIng of emerrnant Fox provided a brief overvew of the City's Pre -plans and noted that a ed in each supervisor's vehicle and in the SWAT van in the event of an He believed that the current security measures, such as secured public ncy panic buttons, and having a uormed officer at Coun, good and recommended continuing them. He reported that police officers receive annual training to handle assaults and are equipped with ballistic shields, helmets, and high powered rifles. He encouraged all forms of notification during an emergency and offered to meet with Council Members to do a walk through of the security measures. Council Member Gardner agreed that all incoming Council Members be trained and briefed on security measures. Volume 58 - Page 438 City of Newport Beach Study Session April 8, 2008 3. PROPOSITION 83 ("JESSICA'S LAW). Police Sergeant Hamilton reported that he maintains a database of all sex registrants in the City. He indicated that there are six full addresslzip code sex offender registrants residing in Newport Beach. He reported that the neighboring cities have more and all high -risk registrants and their photos are accessible on the California Megan's Law website. He indicated that there are 14 no -post registrants in the City that are not on the public website. He noted that there is only one other City in Orange County that has less full address/zip code sex registr nts and there are currently no paroled sex offenders in Newport Beach. Consta ontact is kept with the parole officers to discuss registrants and high -risk sex o ders. He discussed the process for registering in the City and that periodic p of officer and detective visits are conducted. He stated that there has only b 6 arrests since 2004 for registration violations in the City, but noted that all em not registrants of the City. Police Lieutenant Morton di expressed concern that some which makes it hard to track t Council Member Curry state for future overconcentration of se, address the issue and revent the and neighborhoods. In response to Councill how an offender that m that registrants are not legal issu involving Jessica's Law. He allowed by to register as transients, 1 that issue be discu d due to the concern a. He asked that staff draft an ordinance to ntration of sex offenders in particular units Lieutenant Hamilton explained led in California. He reported s Law website and view other the meeting at 4:33 p.m. support for Council Member Curry's recommendation by law enforcement as to whether an ordinance is )n in a reasonable manner. Vh resp a to nager Bludau's question, Lieutenant Morton stated that, if a new park is d loped to where a sex offender already resides, the registrant is exempt from the o ance. In responsf to Council questions, Police Chief Klein stated that "Keep Your Teen Safe" a pro that highlights issues that parents need to discuss with their teen, such as g, ug use and internet safety. He stated that they are following up on the pre u eetings and the most popular portion of the program was internet safety. He state t the Police Department tracks sex registrants and can see if too many are moving into the same area. He stated that no action will be taken if two sex registrants reside in the same building, but the Police Department will continue to monitor them. Assistant City Attorney Harp reported that the Supreme Court is currently reviewing Jessica's Law and should make a decision by the end of the year. He asked Council to clarify if their concern is for residency or presence restrictions. Council Member Rosansky suggested that there be a six month follow -up to see if there are changes in the number of sex offenders registered in the City. Council Member Henn indicated that, if there are changes in the law prior to the six month Volume 58 - Page 489 City of Newport Beach Study Session April 8, 2008 follow -up, the item should be brought back sooner. 4. APEX SKYPARK PRESENTATION. Assistant City Manager Wood introduced Bob Bockrath of Apex Skypark, a company that provides automated robotic parking solutions. Mr. Bockrath utilized a PowerPoint presentation that discussed the company, space saving comparisons, standard modules, optional modules, how the system works, past experiences, tests, assembly tooling, current proje conceptual views, shoring for towers, and examples of uses in the City. ,fi=r° In response to Council Member Rosans5noted charge $20,000 to $25,000 per stall; increases. He stated that the parking st months to show people how to Z vehicles can be physically mo outage. He discussed safety the safety and reliability of th , Mr. Bockrath stated that they price decreases as the project y have attendants for the first f a malfunction in the system, to vailable in case of a power Stu have been conducted on Mr. Bockrath reported that the ng structure includes pumps to collect oil and water before it gets into the Bay, s Jr panels are used to help reduce energy costs, and the retrieval tin the System to ver a vehicle is approximately two minutes. III. PUBLIC COMMENTS -Non IV. ADJOURNMENT - 5:17 p.m. The agenda f tudy Sessi (of posted on1pril 2, 2008, at 2:80 p.m. on the City Hall Bullet' Boar located ou the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 58 - Page 440 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 8, 2008 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m AF II. CLOSED SESSION - 5:17 p.m III. RECESSED / Q IV. RECONVENED AT ,7•an P M Rnn RF.RTTT.A 1%A T. TTNl2 _. Presentation Pr lamation to t American Heart Association for Start! Walking Day on April 16, 200 .ch read th roclsmation and presented it to Dawn Hoem. Ms. Hoem state hop wa o es across the nation to raise $1 million. esentation o Pro tion for DMV/Donate Life California Month - Mayor Selich read the proclamation a prese it to Susan Duffy. Ms. Duffy reported that people can find out more ormation about tl progra t www.donatelifecalifornia.org or www.donevidacalifornia.org, and a need that the A nual Don to Life Walk/Run will be held at Cal State Fullerton on April 26. Prese tion of C eck by Newport Beach Arts Foundation for Marine 1/1 Memorial Monum Lila espin and Patricia Jorgensen presented a $5,000 check to Mayor Selich and Council Me 'fir Cry. Council Member Curry announced that the groundbreaking ceremony will be held on May 2' X. NOTICE TO THE PUBLIC XI. CITY _COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT -C NON- DISCUSSION ITEM): Mayor Pro Tem Daigle described the proposal that the Harbor Commission will be considering on April 9 relative to constructing docks for offshore moorings. Council Member Glover announced that the Corona del Mar Residents Association will be holding its annual meeting on April 23 at 5:30 p.m. at Sherman Gardens; the Corona del Mar Neighborhood Watch will be getting a present��i on April 16 at 6:30 p.m. at the Central Library; and the Fire Volume 59 - Page 441 City of Newport Beach City Council Minutes April 8, 2008 Kim Department vs. Police Department basketball game will be held on April 11 at 6:00 p.m. at the Newport Coast Community Center. Council Member Gardner announced that, after 11 years, the "Contaminated Water" sign has been removed from Newport Island 33rd Street beach due to the efforts of the City and residents. Council Member Curry reported that General Services will begin repairing the potholes on San Joaquin Hills on April 9. Council Member Curry discussed his week long participation arvard University on the topic of Driving Government Performance. Council Member Webb announced that the Orange Cc Transportation Authority (OCTA) will be holding an open house on April 10 at 5:00 p.m. at B ceut Seabase relative to the possible extension of Route 55. Mayor Selich reported t the OCT ill also be discussing the possible extension of Route 55 at the Speak Up Newport eting on April t 6:00 p.m. at the Newport Beach Yacht Club. v Mayor Selich and Council Member We disc ed the traffic delays Coast Highway between Dover Drive and Newport Boulevard. Ma ch indicated that the dela are generally from 9:00 a.m. to 3:00 p.m., will run until April 18, that more information is available on Caltrans' Transportation Hotline (800 -72 - 0353). Coun ember Rosansky noted that there will also be delays on Superior Avenue fro at Highway 17th Street due to Costa Mesa and Newport Beach's repaving projects. CONSENT CALENDAR A. 1. IINUI OF THE PECIAL MEETING AND REGULAR MEETING OF "%MARC 25, 2008. [10 1?0081 Waive reading of subject minutes, approve as written O ES AND RESOLUTIONS. Waive reading in full of all and resolutio u nder r consideration, and direct City Clerk to read by title 3. VRES LUTION ESTABL ISHING THE TASK FORCE ON GREEN LOPMENT. [100 -20081 Adopt Resolution No. 2008 -21 establishing the Task on Green Development. 4. OSED ASSESSMENT DISTRICT NO. 101 - AREA GENERALLY DED BY BUENA VISTA AVENUE, EDGEWATER AVENUE, ADAMS STREET, AND BALBOA BOULEVARD - FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT. [381891100 -20081 a) Adopt Resolution No. 2008 -22 Receiving a Petition for, Adopting a Map Showing the Proposed Boundaries of, and Making Appointments for Proposed Assessment District No. 101; b) adopt Resolution No. 2008 -23 Declaring Intention to Order the Construction of Certain Improvements in Proposed Assessment District No. 101, Declaring the Improvements to be of Special Benefit, Describing the District to be Assessed to Pay the Costs and Expenses Thereof, Providing for the Issuance of Bonds, and to Designate the Area an Underground Utilities District; c) adopt Resolution No. 2008 -24 Giving Preliminary Approval to the Volume 68 - Page 442 City of Newport Beach City Council Minutes April 8, 2008 Report of the Assessment Engineer for Assessment District No. 101, Setting a Time and Place for a Public Hearing as May 27, 2008, and Ordering the Initiation of Assessment Ballot Procedures; d) Resolution No. 2008 -25 Approving Utility Improvement Contracts for Utility Improvements for Assessment District No. 101; and e) approve the Bond Counsel Agreement with Robert Hessell (C- 4039), and authorize the Mayor and City Clerk to execute the Agreement. C. CONTRACTS_AND.AGREEENTS 5. POLICE FACILITY LOBBY RENOVA N (C -3902) - AWARD OF CONTRACT. [381100 -20081 a) Approve t . project plans and specifications; b) award contract to Houalla Enterprises L dba Metro Builders & Engineers Group LTD., for the total bid price of $249,400 authorize the Mayor and City Clerk to execute the contract; and c) establis 6,9 cover construction contingency and other anticipated casts. Volume 58 - Page 443 City of Newport Beach City Council Minutes April 8, 2008 Council Member Henn suggested that the contract include an analysis and recommendation relative to using automated parking solutions. In response to Dick Nichols' question, Mayor Selich indicated that the contract is for a feasibility study and that automated parking structures is just one idea to consider in the study. Assistant City Manager Wood reported that the agreement is to study the parking supply and demand, different management techniques, and possibly add to the public parking supply. Further, the consultants will assist with the parking requirements in the new zoning code. Dolores Otting took issue with spending $196,380 for Affiarking feasibility study when Council Motio Co c'1 Membe ebb to approve Amendment No. 1 to Professional Services Agre ent wit Oil Well Se Company for on -call oil repair services and authorize the Mayor City, lerk to execute a Amendment. tion a wi ll call vote: Ayes: Co il er Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Seli c Coun ember Webb, Council Member Curry, Council Member Gardner COUNCIL CCEPT CE AND FILING OF THE SANTA ANA RIVER TRAILS VISION PL REPORT. [100 -20081 cil Me her Gardner reported that the City received a grant from the Wildlands Co anc - to conduct a vision plan for its end of the Santa Ana River. She indicated that New ach, Huntington Beach, and Costa Mesa's vision plans will be combined in order to get p c feedback on how to make the Santa Ana River a recreational facility, as well as a flood control facility. Motion by Council Member Webb to a) accept and file the report; and b) start meeting with key interest groups /stakeholders to solicit feedback and start coordinating with other agencies which have also developed plans for their segments of the Santa Ana River. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 514. STIPEND FOR CITY HALL DESIGN COMPETITION. [731100 -20081 Volume 58 - Page 444 City of Newport Beach City Council Minutes April 8, 2008 R4 CI Rm Barry Allen reported that he attended yesterday's City Hall Design Committee meeting and took issue that the City will be paying firms to compete to design the new City Hall since the winning firm will be making a lot of money from the design/build contract. He noted that the initial amount was $25,000 per firm but was increased to $50,000 per firm. He suggested going out to bid for the project. Jan Vandersloot noted that he also attended the committee meeting and took issue that the building size and parking lot size increased from what was voted on in February. Mayor Selich confirmed that Council will see th<transtion ria. He clarified that the $50,000 stipend was a recommendation from the Buildee and reported that his research confirmed that this amount was sufficient in ore best architectural firms submit proposals. Mayor Pro Tern Daigle indicated th to people in that profession and they confirmed that offering a stipend is stan Dick Nichols asked when the scope of r ation criteria will be developed. Mayor Selich stated that the progr paramcussed at a future Council meeting. r Pro Tern )Da unced that the Media and Communications Committee will be meeting on 9 at 2:30 pook a City's communication plan. r Pro Tem a discus d the Aviation Committee and indicated that she will be making tnts durin12. Council Yhe reported that the Finance Committee reviewed the City's insurance program. He stateso received a report on the benchmarking performance measures and that a report wefore Council on April 22. PU BLI 10. REVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FISCAL YEAR 2008 -2009 ONE -YEAR ACTION PLAN FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. [100 -20081 Kathlyn Bowden, Economic Development Coordinator, provided the staff report and reported that the City's entitlement amount is $355,659. She stated that the five public service providers that will be receiving a total of $53,348 in public service grants are Human Options, South County Senior Services, Serving People in Need (SPIN), Families Forward, and Fair Housing Council of Orange County. Volume 58 - Page 445 City of Newport Beach City Council Minutes April 8, 2008 In response to Council Member Rosansky's question, Assistant City Manager Wood reported that the City can only use 20% of the funds for public services and, since the grant requires a lot of reporting for a smaller portion of money, many public service providers no longer apply for the grant. However, this now allows the City to give a more reasonable amount of money to the agencies. Mayor Selich opened the public hearing. Margie Wakeham, Executive Director of Families Forward, distributed a brochure and her business card, and discussed Family Forward's broad ge of services. She reported that they assisted 150 Newport Beach families last year a at the average stay is one year. Jean Wagner, Serving People In Need (SPIN), orted that 10,000 volunteer hours were Hearing no further testimony, Mayo 'ch closed the public hearin . Webb to ove the 2008 -2009 CDBG Action Plan; authorize ignee to ex e the FY 2008 -2009 CDBG Program Grant % is on be ha the City; and adopt Resolution No. 2008 -26 to s the 8 -2009 application for CDBG funds and donated last year, 93 °.G of the funds received g to the program, 86% of the people they helped became self - sufficient, and they we le to he 4 people due to the City's grant. Alicia Basurto, Human Options Associ Director, stated the staff report indicated that Human Options would assist fi v 'ents om the City domestic violence issues; however, they can actually assis clien ith the grant. the City Manager or 1 Agreement and all relaG authorizing the City Ma One -Year Action Plan to by the er Henn, Member' call vote: cil Member Rosansky, Mayor Pro Tem Daigle, Mayor Council Member Curry, Council Member Gardner i st Air Quality Management District (SCAQMD), provided an and a the date" cards for their conference /expo in September. She reported epting inations for the 20th Annual Clean Air Awards (www.agmd.gov). ner rev d that Ms. Reed volunteered to be on the Task Force on Green on behalf of 10,000 Costa Mesa residents, discussed the potential Route 55 that the residents have about the proposal. Karen Tringali ressed concern that there is a movement to increase the size of City Hall and the parking strnctur°`e from what was discussed during the February election. Dolores Otting agreed with Ms. Tringali and asked why a needs assessment was not doing during the negotiations with The Irvine Company. She reminded Council that the public will be paying for the new City Hall and that all the meetings should be open to the public. Ms. Otting reported on a Water Advisory Committee (WACO) meeting she attended in Fountain Valley last Friday in which pharmaceuticals in drinking water was discussed. Jan Vandersloot expressed concern that City Hall will take over the entire park site since the building size will be increasing. He recommended retaining the current Council Chamber for a community Volume 58 - Page 446 City of Newport Beach City Council Minutes April 8, 2008 center. Dr. Vandersloot questioned why the olive trees are being cut down near the DeAnza Mobile Home Park. City Manager Bludau indicated that General Services Director Harmon has met with the DeAnza Homeowners Association and reported that the trees will be replaced. He indicated that Dr. Vandersloot can contact the General Services Director for more information. Council Member Webb reported that he receives tree removal reports from General Services for his district and that most of the trees are removed because they are diseased. Barry Allen suggested not erecting signals or adding roads in City Hall design so public views along MacArthur Boulevard are not impacted. He also recom nded placing a green roof on the new City Hall. XVII. PLANNING COMM 11. PLANNING Planning Director Lepo reported on (PA2007 -100) - 5515 River Ave n 311 Fernleaf Avenue Appeal (P Tommy Bahamas (PA2008 -029) - 85 XVIII. CURRENT BUSINESS 12. CONTRACTUAL AC FOR CONSULTING 4088). [381160 -2008] APRIL 3, 08. [100 -2008] City Man ludau big h the Newpo"W Beach City Council Airport Policy and reporte at t contract is ave Mr. Edwards meet regularly with community -based orga lions a individuals ' rested in John Wayne Airport (JWA) issues. He noted that copie a pr osed agreement ere distributed. Pro us airport issues and the importance of preventing the a of while pre g the settlement agreement and existing noise curfew, and the pote 1 en nmental impacts of JWA. She reported that the key provisions of the airport po were rporated into the General Plan Update and include strengthening the 5h�zs.. City's relati ship wi ther cities impacted by JWA. She discussed using Go Local Program r funds, fin din ` ther gro nd transportation alternatives, and retaining the services of Richard Cox. She counended the work of the Airport Working Group (AWG) and AirFair. ion b ouncil Member Curry to a) approve the City Manager's recommendation to ent . to t ragreement; and b) authorize the City Attorney to finalize a professional services Contra ch incorporates the scope of work and financial considerations stated in the staff report. ;` The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner S15. CONTRACT PLANNING SERVICES AND HEARING OFFICER SERVICES RELATING TO TITLE 20 HEARINGS. [681100 -2008] Assistant City Manager Kiff provided the staff report, reviewed the recommendations, and reported that the City has not received any group residential home applications. Volume 58 - Page 447 City of Newport Beach City Council Minutes April 8, 2008 In response to Dolores Otting's questions, Assistant City Manager Kiff reported that the budget was included in the implementation plan. He reported that code enforcement conducts investigations relative to any group residential home allegations and issues, but cannot comment on any investigation since they are ongoing. Council Member Henn emphasized that the City is serious about enforcement and implementing the ordinance. He reported that the City has more to do to verify that the hearing officers and firms do not have any conflict of interests and received confirmation that staff may come back to Council with different or additional recommendations for hearing officers and firms. , Motion by Council Member Rosanskv to a) rat' tl the following persons to conduct administrative ing+ Judy A. Sherman and Charles S. Vose; and at interview and select one or more of the fo mg firms staff to assist in the review and process' of Use Pern Uses: Larry Lawrence of Lawrence & a s; Debbie W. Mobley of Roger W. Mobley Co ing. The motion carried by the folio vote: Ayes: Council Member Henn, Council ember Selich, Council Me er Webb, Coun et XIX. MOTION FO_ R_ RECON XX. ADJOURNMENT - Adjourned at The agenda for HaII Bulletin rd The supple ntal al on the Cit all Administration il, City Clerk a City Manager's recommendation of on Title 20 issues: Thomas W. Allen, City Manager's recommendation to sons to serve as contract planning lications for Group Residential :i ppLinn & Associates; and Roger Rosansky, Mayor Pro Tem Daigle, Mayor [her Curry, Council Member Gardner April 16, 2008, at 7:00 p.m ar Meet g s posted o April 2, 2008, at 2:30 p.m. on the City d outsid the City of Newport Beach Administration Building. for the lar Meeting was posted on April 4, 2008, at 2:35 p.nL tin Board located outside of the City of Newport Beach Recording Secretary Mayor Volume 58 - Page 448