HomeMy WebLinkAbout01 - Minutes - 8-12-08 & 8-15-08Agenda Item No. 1
September 9, 2008
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
August 12, 2008 — 7:00 p.m.
I. STUDY SESSION - Cancelled
II. CLOSED SESSION - 5:15 p.m
III. RECESS
IV. RECONVENED,AT 7:00 P.M. FOR. REGULAR
V. ROLL.CALL
Present: Council Member Henn, Council Member Ros Mayor Pro Tem Daigle, Mayor Selich,
Council Member Webb, Council Member Curry, ncil,Member Gardner
Presentation of Pla s t Outgoing BWard and Commission Members - Mayor Selich
presented plaques to ron " ill" Williams, Ane Cartozian, Paula Godfrey, Doug Wood, Debra
Allen, and Jeffrey a for th r work on various oards and commissions.
International Litera Mayor Selich read the proclamation and presented
it to Terri Buckley. Mr. ley thanked Council for their support and invited them to attend the
Internatio Day - -ties on September 4.
Con f ence and is rs Bur Industry Accreditation from Destination Marketing
Ac editation Progra - Mayor lich commended the Newport Beach Conference and Visitors
eau for their suc ful efforts in becoming the first West Coast City to achieve the
'tation. Gary Sher in thanked Council and introduced his colleagues.
X. NOTI O THE PU IC
XI. CITY,_C U__. NOUNC_ EMENTS _ OR WHICH _COUNCIL MEMBERS,
WOULD Lam$_.,_, CED ,ON,A,.FUTURE_AGENDA_ FOR _DISCUSSION, ACTION OR
In response to Council Member Gardner's question, Assistant City Manager Wood stated that
the proposed styrofoam ordinance will be discussed at a study session in September.
Council Member Gardner clarified that the email circulated in Newport Beach about an arrest
involving a group home was a rumor.
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Council Member Curry stated that the 111 Marines Memorial was vandalized and asked staff to
come up with a strategy to monitor and protect public art in the City.
Council Member Henn stated that he appreciated the siren he encountered while on vacation in
Chicago because it warned everyone of potential dangers.
Council Member Henn thanked the Police Department for their wo during an incident
that a
that resulted in the arrest of gang members. He emphasized ar message was sent
that violence is not welcome in this City.
Mayor Selich stated that the City embarked on a parking manage study for impacted areas of
the City and announced that Balboa Island will hold a two par. ee on Wednesday, August
27, starting at 6:00 p.m., at the Beek Center (115 Agate Aven He ask tall to provide public
notice. A ,
City Manager Bludau announced that there will be no mtin n August 26.
XII. C.ONSE. NT CALENDAR
A. READING_ OF_MINUTES/ORDINANC_._ RESOLUTIONS
1. MINUTES OF THE REGULAR MEE OF JULY 22, 2008. Waive reading
of subject minutes, apprkve as written and o filed.
2. READING OF ORDI D RESOLD! NS. Waive reading in full of
all ordinances and resol 'ons un ration, and direct City Clerk to read
by title only.
B. ORDINANCE FOR ADOPTION
S. ORDIN TO REP CHAPTER 1.30, ELECTION CAMPAIGN
D N, OF THE ORT BEACH MUNICIPAL CODE (NBMC).
[I 20081 Kdopt Ordinance o. 2008 -15 repealing Chapter 1.30 of the NBMC.
( cil M bers Rosansky nd Curry abstained on this Item)
- s
C. RESOLUTIO ADOPTI
4 PTA a- OF TWO OFFERS TO DEDICATE (OTDs) OPEN SPACE
EA S _ NTS. 00 -20081 Adopt Resolution No. 2008 -75 accepting two
easeme securi idelands as open space within Newport Bay.
AL CONTRACTS _ D AGREEMENTS
AGRE ENT WITH TRUGREEN LANDCARE,. LLC FOR THE
LAND CAPE MAINTENANCE OF CITY PARKS AND FACILITIES (contd.
from 18108 and 7122108) (C- 8880). [38(100 -20081 a) Approve a two -year
r ent with TruGreen Landcare, LLC, of Gardena, for the. landscape
ntenance of City parks and facilities at a coast of $852,000 per year; and b)
approve a budget amendment (09BA -004) in the amount of $145,443 from General
Fund Unappropriated Reserves, to fund the increase in cost over the expiring
contract for the remainder of the fiscal year.
6. OCEAN PIERS REPAIRS - AWARD OF CONTRACT (C- 3973). 138/100 - 20081.
a) Approve the project drawings and specifications; b) award the contract (C -3973:
to AIS Construction Co. for the total bid price of $659,445.02, and authorize the
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Mayor and the City Clerk to execute the contract; c) establish an amount of
$66,000 (10 %) to cover the cost of unforeseen work; and d) approve a budget
amendment (09BA -006) transferring $47,500 from unappropriated Tidelands Fund
balance to 7231- C4801001 (Ocean Pier Repairs).
7. WESTCLIFF STREET LIGHT REPLACEMENT - AWARD OF CONTRACT
(C- 8868). [381100 -2008) a) Approve the project plans and s if`ications; b) award
the contract (C -3868) to KDC, Inc., dba Dynalectric, Inc. the total bid price of
$680,170, and authorize the Mayor and the City Clerk xecute the contract; and
c) establish an amount of $68,000 to cover the cost of oreseen work.
8. CASTAWAYS PARK MARINES 1/1 NU COMPLETION AND
ACCEPTANCE (C- 3985). [381100-20081a the c l eted contract work;
b) authorize the City Clerk to file a Notic pletion; uthorize the City
Clerk to release the Labor and Mater s bond 35 days a the Notice of
Completion has been recorded with ap icabl� portions of the Ci ode; and d)
release the Faithful Performance Bo -one (`"year after Council acc ance.
9. BUCK GULLY WETLANDS NTENANCE ROAD REPAIRS AT
5TH STREET - COMPLETION Al C, PTANCE (C- 3778). [381100 -2008)
a) Accept the completed contract wor '' ) approve a budget amendment (09BA-
005) appropriating $42,787.23 from the un ropriated General Fund to the Buck
Gully Wetlands and aintenance Road irs Project, Account No. 7014 -
C5100659 to cover the ess payment; thorize the City Clerk to file a
Notice of Completion; all " City CI` k to release the Labor and
Materials bond 35 days r the N c ° "__. pletion has been recorded with
applicable portions of the 'I Cod and e) re le se the Faithful Performance Bond
one (1) year after Council ac pt e.
E. MISCELLAtYE_ _. °..
10. RE NSE TO GRAND J RY ON 'WATER BUDGETS, NOT WATER
R ONIN " [100 -2008) Ap ove the response letter to the Grand Jury report
on ' r B ationing" and authorize the Mayor to submit the
report - e Presi i g e of the Superior Court pursuant to Penal Code
5.05 , nd (b).
XIII. ITE _ EMOVED_ OM.T ._ ON3ENT CALENDAR - None
ion by Mayor Pr ' em Dai a to approve the Consent Calendar; and noting that Council
bers Rosansky and Gurry abstained on Item No. 3.
XIV.
The on carried by t following roll call vote:
Ayes: Coun embe enn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich,
Council b Webb, Council Member Curry, Council Member Gardner
Council Member Curry stated that he and Council Member Rosansky attended Shakespeare by the
Sea and he commended the Arts Commission for their work with the program.
XV. PUBLIC HEARINGS
11. FEE RESOLUTION AND MASTER FEE SCHEDULE. [100 -2008)
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City Manager Bludau requested that the item be continued to the September 9 City
Council meeting.
Motion by Council Member Webb to continue the item to the September 9 City Council
meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, 4Mayro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member CurrMember Gardner
12. HOUSING ELEMENT UPDATE"" _GENERAL PLAN ENT NO. 2008 -003
(PA2008-078). [681100 -20081
Linda Tatum, PBS &J, utilized a PowerPoint preae ation to discuss t g Element,
State HCD (Housing and Community Develop t) review of the E of a
State Certified Housing Element, the proces m is on the drag Element,
2006 -2014 and 1998 -2005 RHNA (Regi 1 H sing Needs As numbers,
potential development areas, historic ous' g accomplishments, and key housing
programs.
In response to Council questions, Ms. Tatum a ssiatant City Manager Wood stated
that the expedited review of housing and waive fees is subject to a discretionary
process. They stated that the of concerned wi ossible build out because there
is always an opportunity for re vet d the recy of land. They noted that the
housing requirements that were ° eated for on and Newport Coast were done
prior to annexation and that the ty's cal tionsj r from the Kennedy Commission
because staff used the net new unit not t al number of units of permits issued. They also
noted that the affordability stands set by State Health and Safety Codes and that
there is no evide at having a ng inclusionary policy increases or decreases the
affordability o ts.
Patricia rigan, ewport Beach sing. Coalition, read a letter expressing their
concerns abo ` the went standards for low and very low income
residents, the f policies or l ementation plans to facilitate the development of
ho zonin not updated for low income; and that the program remains a policy
Joseph Boyle b '__eved thae City's real challenge is political will to construct new units
for the lower in " e residents. He believed that the City has helped seniors, but the real
need is for low i ome family units.
can Forbath b ieved that zoning should be changed and hoped that the City would take
a" tive and 'pportive role to take care of the homeless and build shelters.
Ezequi rrez, Attorney for Public Law Center, pointed out that special needs
housing a part of the planning process and that there is a need for emergency and
transitio 1 shelters. He believed that homeless issues should not be handled on a
jurisdictional basis.
Beverly Schuberth, Kennedy Commission, expressed concern that the draft Housing
Element will not meet State requirements.
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Motion by Mayor Pro. Tem Daigle to submit the draft 2008 -2014 Housing Element to
the State Department of Housing and Community Development
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Pro Tem Daigle, Mayor Selich, Council Member
Webb, Council Member Curry, Council Member Gardner
Absent: Council Member Rosansky
XVI. PUBLIC COMMENTS
John Taussig requested that a hearing be conducted to review th oo ality of service received
from Time Warner Cable and to listen to the magnitude of prob a that r ents encounter.
Mary Bryant, Board of Directors for West Newport Beach sociation (WNBA), %sett ed a letter
about a WNBA meeting regarding the settlement a em t with Sober Ly the Sea
(SLBTS). She stated that they unanimously voted op a the proposed ent terms
because there should be a greater dispersement of gro omen throughout the City and they
are against the potential increase of licenses f 'x b facilities in the West Newport, Lido
Peninsula, and Newport Shores areas.
XVII. PLANNING COMMISSION
13. PLANNING COMMISSION
Planning Director Lepo re
(PA2008 -126); and Housing
XVIII. CONTINUED BUSINESS.
14. COUNCIL REVAPM AND
Craig Rap MA, s ted that the
noted that t e rfor -
how departmen use the too s
proposed
FOR
LLC,
REPORT
2008.
Newport Center TPO
OF CITY STAFF BENCHMARKS AND
s reached a major milestone in this project. He
are tools and that it is important to understand
it will be compared.
Manager Pollard provided a report that included
,ive criteria for her department.
Public Info Mat pn Manager Finnigan provided a report that included the proposed
measures and aluative criteria for public information. She noted that the overall .
urpose of benchLarking is to ensure that everyone is well informed of what the City is
Nenchmar Bunting provided a report that included the proposed measures and
teria for the Fire Prevention Division. He stated that the
g system has helped his department produce goals that will satisfy
customers.
Council Member Curry stated that the benchmarking process is a key element towards
enhancing the capability of the organization and is an essential element of becoming a
beat -in -class organization. He commended the Finance Committee and staff on their
diligence and work on the program.
In response to Council Member Gardner's questions, staff stated that not all
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benchmarking measures will be compared to outside communities. Benchmarking can be
a tool used to compare against how things were done in the past verses how things are
done now. The department will benchmark against themselves and will be more
specific with issues that are within the City's control.
Mayor Pro Tem Daigle stated that police investigations done by patrol officers should be
separated from investigations done by detectives and that the planck measure will use
medians instead of averages.
City Manager Bludau stated that ICMA will continue to wor ith staff and that there are
three phases - customer satisfaction survey, benchmarks, a ntified processes.
Mr. Rapp stated that a report will be generated andovided to I uncil to compare the
overall general statistics with other benchmark" cities. He re d that they will
continue to help staff with training and data lysis to make sure t projects are
maintained over time. )In
Council Member Henn stated that there nee balance two kinds of measurements.
Internal measurements are. time series re services from prior years to present, is
a tool used to see if the City is heading in ght direction, and will be used to see
if services are better. The external measure i ed to stimulate ideas for new and
different ways to achieve better utcomes.
Motion... 6y_ Council Mern o approve t hirty (30) benchmarks and
numerous performance measure ith ame to the ity Attorney's, water quality,
and police investigations benchm ks, in or to toward to the next step of the
benchmark process, which is data g theri or comparison purposes.
The motio4carriethe following ll vote:
Ayes: Couenn, Council ember Rosansky, Mayor Pro Tem Daigle, Mayor
Selimber Webb, C cil Member Curry, Council Member Gardner
XIX, CURRENT BUSI15. REQIJI& ICAN COAST EVENTS LLC FOR WAIVER OF COUNCIL
Acting Recreati and Senilr Services Director Levin asked Council to deny the waiver of
Council Policy 8, which would allow the 2009 Pacific Coast Triathlon to apply for a
Special Event P mit for July 2009. He stated that the greatest impact would be to the
stal Cove C tages and the Newport Coast Marriott Villas. He added that the Fire
tment is ncerned with the effects on emergency response time.
Counci er Rosansky stated that there is not much disruption/impact on residents
and note they are asking for the change to allow for a national qualifying event. He
stated that there is no significant demand from the Police Department and that Pelican
Coast Events has proven themselves as a good operator.
City Attorney Clauson clarified that this is a one -time change for a world class qualifying
event, therefore it will not set precedence.
Council Member Gardner recommended that the promoters be responsible for the outreach
program to the Crystal Cove Cottages and Newport Coast Marriott Villas to let them know
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about the impacts.
In response to City Manager Bludau's question, Sergeant Fischbacher stated that
traffic backup is more significant towards the end of the event.
Council Member Henn requested that staff check to make sure that the event won't impact
any other event.
Bob Tyler, Pelican Coast Events, talked about the history of t triathlon and noted that
$20,000 a year is donated to youth charities, Crystal Cove Co ges, and the Alliance.
Motion by Council Memb..er Gardner to approve PeI n Coa vents' request to waive
City Council Policy B-8 Bike, Foot Race and Surf CoKest Event' icy that would allow
the 2009 Pacific Coast Triathlon to apply for a Spe Event Permit y 19 or July 26,
2009, as a one -time event; and b) direct Pelican ast Events to notify advance the
potentially affected businesses, residential ass atio and State agencies a event, so
public awareness of the event will be high. r
Andrew Bailey expressed support for
qualifying event.
The motion carried by the following roll call vote:
Ayes: Council Member Henn,
Selich, Council Member W b,
XX MOTION FOR RECONSIDERATION - or
XXI. AD�URNMENT - Adjourned at 9:15 p
Oleson.
The agenda for theO'.Regul r Meeting wai
City Hall Bullet' Board cated outside
Building.
City Clerk
asked Council to approve the world
ayor Pro Tem Daigle, Mayor
Council Member Gardner
memory of Christopher Laurie and Jean
)sted on August 6, 2008, at 2:00 p.m. on the
the City of Newport Beach Administration
Recording Secretary
Mayor
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CITY OF NEWPORT BEACH
City Council Minutes
Adjourned Regular Meeting
August 15, 2008 — 9:00 a.m.
I. CONVENED IN OPEN SESSION - 9:00 a.m.
II. ROLL CALL
Present: Council Member Henn, Mayor Pro Tem Daigl ayor Selich, Cou Member Webb,
Council Member Curry, Council Member Gar r
Excused: Council Member Rosansky
Without objection, Public Comments was to on f order.
VI. PUBLIC COMMENTS
Dan Purcell requested that Council adopt an ordinanc clarify where alternate forms of
transportation, like electric skateboard bicycles, se ay , ateboards; and golf carts, can be
used.
III. CLOSED. SESSION - The City Counct recesse - h ing to Closed Session at 9:05
a.m, and reconvened the meeting to open sea ' n at 2:05 p.m.
IV. CLOS.E_D .SESSION REP T - Mayor announced that the City Council selected
Leilani Brown as the ity Clerk, p ing contract negotiations.
V. CONTINUED BU SS
1. CITY ATT EY EVIEW PROGRESS.
Hum source ector Ramsey indicated that she will email the draft City Attorney
noon' he City Council. Council Member Webb requested that Council
rovide inpu ative a job flyer and salary as soon as possible. He indicated that the
recruitment co ittee w eet in early September and bring back a recommendation to
Council mid -Se mber. a noted that the hiring firm requested to be allowed to meet
with potential ndidates two or three days after the close of the application deadline.
Council Membe Henn requested that the hiring firm provide more information about
" �asible negoti ing requests before the hiring process proceeds.
VI. U� BLIC_..____ _EN _ - None
VII. A_DJO..U.R..NME - 2:12 p.m
The agenda for the Regular Meeting was posted on August 13, 2008, at 2:00 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
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Recording Secretary
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