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Home My WebLink About01 - 07-08-2008 - MinutesAgenda Report 01 July 22, 2008 CITY OF NEWPORT BEACH City Council Minutes Study Session July 8, 2008 — 3:00 p.m. I. ROLL.CALL Present: Council Member Henn, Council Member Curry, Excused: Council Member Rosansky, Mayor Pro Tem Dai II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE Regarding Item 8 Maintenance of City that the landscapers a certain level. (Selection of Ven Parks and Facilities), will be careful about 2. BUCK GULLY FIRE STUDY.Wj Council Member Rosansky joi d the Mayor Selich CALENDAR. Contract Negotiations for Landscape -al Services Director Harmon confirmed ff and that blower noise cannot exceed Pan. )unt of brush in Buck Gully is unsafe. He lained that the proposals only deal with the A photos of Buck Gully from 1973 and today, e, and how there is no separation between :tion Zone and Fuel Modification Zone, and regulations between the Hazard Reduction State Fire Marshal regulations. Fire 1 Bun NH hted recommendations to change the Hazard Reduction Zone ation tind shrubs, which would remove about two - thirds of the trees n the 100 -fo hasized that the main concern is that a fire in the canyons can spread thr a del Mar and discussed how the Laguna Beach fire spread rapidly due to a as brush. He reported on the response times and manpower that would be needed to fig a fire in Corona del Mar. ' Gardner emphasized the need for overall safety and requested that back to Council as soon as possible. In reap a to Council questions, Fire Marshal Bunting indicated that the recommendation deals with the 100 -foot line (Plan A), but going past that to the 170 -foot line (Plan B) would require coordination with many other regulatory agencies and could cost about $350,000. He indicated that new regulations should not be implemented this fire season since the Fire Department is already conducting inspections. He indicated that the 170 -foot plan would take the canyons back to how they were in 1973. Council Member Henn recommended coming back to Council with an ordinance that addresses Plan A and Plan B, and a staff report that discusses a timeline and costs to both Volume 58 - Page 538 City of Newport Beach Study Session July 8, 2008 III. IV the homeowners and the City. Fire Marshal Bunting indicated that the plans should be separated because Plan B will take more time to work out. Council Member Curry noted that the City has been having a lot of discussions about tsunamis and earthquakes when the greatest threat every year to the City is a fire. George Jeffries suggested that the City lower and thin its Eucalypt* trees on Hazel and Poppy. In response to Larry Albert's questions, Fire Marshal Bunt' stated that he does not know of anything natural that could start a fire in the ca ns, distances are measured from the back of the house that faces the slope, and a list i Distant vegetation are on the Fire Department's webpage. Stanley Barons believed that the Buck Gully tre should have a h limitation and expressed support for Fire Marshal Bunting's re mepdations. Fire Marshal Bunting explained how He confirmed that the regulations w Newport Coast Hazardous Reduction starts in Newport Coast. PUBLIC COMMENT_ S - None. used to assist with cleariAg the area. o Buck Gully, Morning Canyon, and explained where the County's A -Zone City Clerk Volume 58 - Page 539 at 1:40 p.m. on the City Beach Administration CITY OF NEWPORT BEACH City Council Minutes Regular Meeting July 8, 2008 — 7:00 p.nL I. STUDY. SESSION - 3:00 p.m. II. CLOSED. SESSION - 3:58 p.m. III. RECESS IV. RECONVENED AT 7:00 P.M. FOR V. ROLL CALL Present: Council Member Henn, Counci3 -Member Rosansky, Mayor PA Tern Daigle, Mayor Selich, Council Member Curry, Cocil Member Gardner =n .. Excused: Council Member W sli�L. VI. CLOSED. SESSION REP.OR VII. PLEDGE OF ALLEGIANCE - kouncil M -Gardiier VIII. INVOCATION, r Eric Head, „�riners Church DL PRESENTATIONS None X NOTICE TO THE LIC XI COULD LTI�IL'r�TNOU13 OR MATTERS WHICH COUNCIL MEMBERS PI rUD_ ON A FUTURE AGENDA F OR _DISCUSSION ACTION OR Mayor Pro Tern gle annced that the Public Works Department implemented a Pavement anagement Plan hat contains the City's strategic efforts to maintain the roads. The plan can be" essed onlinend is updated regularly. CounciFV urry announced that on July 4, he attended the Bicycle Parade, American Legion B - P ade, and the Newport Dunes 50th Anniversary Fireworks Show. He also announced t t; Liberty Baptist Church will celebrate their 32nd Anniversary on Sunday, July 13, at 10:00 a.m. XII. CONSENT CALENDAR A. READING OF MINUTESIORDINANCES AND RESOLUTION 1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING OF JUNE 24, 2008. [100 -2008] Waive reading of subject minutes, approve as written and order filed. Volume 58 - Page 540 City of Newport Beach City Council Minutes July 8, 2008 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of • all ordinances and resolutions under consideration, and direct City Clerk to read by title only. B. RESOL UTION FOR ADOPTION 3. RESCIND RESOLUTION NO. 2007 -69 TO REMOVE BUS ZONE ADJACENT TO 1601 16TH STREET. [100 -2008] Adopt Resolution No. 2008 -66 to rescind Resolution No. 2007 -69 which restricts parking and allows for vehicle removal, excluding buses, along 16th Street between the hours of 8:30 a.m. and 2:30 p.m., Monday through Friday, adjacent to the Environmental Nature Center (ENC) at 1601 16th Street. C. CONTRACTS..AND AGREEMENTS 4. TENNIS COURT FENCING REPLACEMENT - AWARD OF CONTRACT (C- 4043). [381100 -2008] a) Approve the project plans and specifications; b) award the contract to Harris Steel Fence, Co. for the total bid price of $89,849.00, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $10,000 to cover the cost of unforeseen work. 5. ASPHALT REPAIRS - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HARDY & HARPER, INC. (C- 4015). [381100 -20081 Approve Amendment No. 1 to Professional Services Agreement with Hardy & Harper, Inc. for on -call asphalt repair services and authorize the Mayor and City clerk to execute the Amendments. • 6. UNDERGROUND UTILITY SERVICE REPAIRS - APPROVAL OF AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS (C- 4041). [381100 -2008] a) Approve Amendment No. 1 with Mike Prlich & Sons, Inc., for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Amendment; b) approve Amendment No. 2 with GCI Construction, Inc. for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Agreement; and c) approve Amendment No. 2 with Mike Kilbride, LTD., for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Amendment. D. MISCELLANEOUS 8. SELECTION OF A VENDOR FOR CONTRACT NEGOTIATIONS FOR LANDSCAPE MAINTENANCE OF CITY PARKS AND FACILITIES (C- 3880). [381100 -2008] Direct staff to negotiate an agreement with TruGreen Landcare of Orange to provide landscape maintenance of City parks and facilities, and return to the July 22 City Council meeting with an agreement for consideration. 9. ADJUSTMENT OF APPOINTMENTS TO THE ECONOMIC DEVELOPMENT COMMITTEE. [241100 -2008] Approve the appointment of the 25 incumbents of the Economic Development Committee in their new positions. 10. COUNCIL DECISION TO DISPENSE HOLDING THE AUGUST 26TH • REGULAR CITY COUNCIL MEETING. [100 -2008] Forego the regular August Volume 58 - Page 541 City of Newport Beach City Council Minutes July 8, 2008 • 26th Council meeting. 11. GENERAL PLAN ANNUAL PROGRESS REPORT INCLUDING HOUSING ELEMENT REPORT (PA2007 -195). [68/100 -20081 Review and direct staff to submit the General Plan Annual Progress Report to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). Motion by__May_or Pro Tem Daigle to approve the Consent Calendar, except for the item removed (7). The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Curry, Council Member Gardner Absent: Council Member Webb XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR COUNCIL APPROVAL OF A CONSULTANT AGREEMENT WITH WES MORGAN FOR SIX MONTHS UPON HIS RETIREMENT FROM THE CITY (C-4062).138/100- 20081 In response to Laura Curran's question, City Manager Bludau explained that a comprehensive financial analysis would be difficult because there is no way to determine the number of hours Mr. Morgan will work over the next six months. He reported that the • consultant fees will be assessed at the end of the agreement to determine which account the money will come from and a budget amendment will be provided at that time. City Attorney Clauson added that the total number of work hours for a retiree is limited to 960 hours under the terms of the Public Employment Retirement System (PERS). In response to Council Member Henris question, City Manager Bludau stated that he is not concerned with exceeding the budget in the Recreation and Senior Services Department. Motion by Council Member Curry to enter into the consultant agreement. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Curry, Council Member Gardner Absent: Council Member Webb XVI. CONTINUED BUS,I,NESS„ 13. SUMMARY OF PROPOSED SETTLEMENT TERMS BETWEEN SOBER LIVING BY THE SEA AND THE CITY OF NEWPORT BEACH REGARDING GROUP RESIDENTIAL USES. [681100 -20081 Assistant City Manager Kiff utilized a PowerPoint presentation that included the administrative and legal actions taken since the adoption of the ordinance and the proposed settlement terms. He stated that the settlement agreement will be subject to • three public meetings - one before the Planning Commission and two before City Council. He reported that all information on group residential uses is available on the City's website. Volume 58 - Page 542 City of Newport Beach City Council Minutes July 8, 2008 Ed Vanden Bossche, Dick Nichols, Daniel Weldon, Denys Oberman, and Laura Curran • expressed concerns and asked questions, and Special Legal Counsel Markman and Assistant City Manager Kiff responded to the concerns and questions. For a complete rendering of the questions raised, discussions, and responses provided, please refer to the videostreaming available on the City's website ( http:// newportbeach. granicus. com NiewPublisher.php ?view_id =21), beginning at 00:13:39. Motion by Council. Member Curry to receive and file. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Curry, Council Member Gardner Absent: Council Member Webb XIV. ORAL REPORTS FROM CITY COUNCIL_ON COMMITTEE ACTIVITI.ES Council Member Gardner reported that the Task Force on Green Development will soon have proposals to bring to Council regarding green building ideas and education programs. Mayor Pro Tem Daigle stated that the Media and Communications Committee has been successful in getting important information on the City's website. She also reported that the Aviation Committee met to discuss John Wayne Airport's navigational platform. XV. PUBLIC COMMENTS. Gary Sokolich presented a letter to Council relative to a Notice of Violation (NOV) he received and • stated that answers to his questions and concerns have not been addressed by staff. City Manager Bludau explained that Code Enforcement followed up on a complaint from a resident in the area and stated that Mr. Sokolich misinterpreted Section 20.066.040 of the Municipal Code. City Attorney Clauson added that she informed him of the procedure to appeal the citation. Steve and Karen Turansky provided a handout and stated that they have repeatedly complained to the City about health and safety hazards created by their neighbor's trash. They asked Council for assistance and noted that they previously tried to resolve the issue with the owners but had no success. City Manager Bludau stated that staff will work on actions to strengthen enforcement and report back to Council. XVI. CONTINUED BUSI.NESS 12. COST RECOVERY ORDINANCE. 1100 -2008] Revenue Manager Everroad stated that the recommended changes have been applied to the ordinance, fee schedule, and resolution. He noted that the modification fee will not need to be subject to phasing. In response to City Attorney Clauson's question, Revenue Manager Everroad stated that development fees are effective 60 days after the adoption. Motion w,Council Member Henn to adopt Ordinance No. 2008 -14, amending Chapter • 3.36 of the Newport Beach Municipal Code. Volume 58 - Page 543 City of Newport Beach City Council Minutes July 8, 2008 • The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor Selich, Council Member Curry, Council Member Gardner Absent: Council Member Webb Motion, by Council Member Henn to adopt Resolution No. 2008 -67 related to the Master Fee Schedule. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor Selich, Council Member Gardner Noes: Council Member Curry Absent: Council Member Webb XVII. MOTION FOR RECONSIDERATION- None XVIII. ADJOURNMENT- Adjourned at 8:28 p.m. in memory of Phil Arst. The agenda for the Regular Meeting was posted on July 2, 2008, at 1:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. • City Clerk • Recording Secretary Mayor Volume 58 - Page 544