HomeMy WebLinkAbout01 - Minutes - 12-09-2008Agenda Report # 1 .
January 13, 2009
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
December 9, 2008 — 4:00 p.m
I. ROLL CALL ..
Present: Council Member Henn, Council Member Ros y, Mayor Pro Tem Daigle, Mayor Selich,
Council Member Webb, Council Member C Co il Member Gardner
IL CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ONAr CONSENT CALE R - None
2. OASIS SENIOR CENTER UP E. 00 -20081
Deputy Public Works Director Webb r rted that the project is in the design phase and they
have a list of 20 pre -q 'fled con tractoj, He stated that the goals are to conduct a bid in
January, bring the con Council in`ebruary, start construction in March, and set
up trailers in the park ac ss" reet. He nj d that the cost estimate is still on track and
recommended that Counc pprov itiga 1 N,,egative Declaration (MND)tonight (Item
#5). He also reported tha there ar _ zoning exemptions, parking standards will be
met, the to ary facilities ill b ` n Open ce (OS), and the roof equipment will have
additional r walls that w painted to blend with the facility.
In re onse to ouncil question Deputy Public Works Director Webb stated that the area
used for a to porary facility is rider the same zoning jurisdiction as the park, there is no
set payme ,' reject, d the expenditures will be spread out during the duration
ojec . e repoA a ids will be good for 60 days after they are received unless
there i writ ,approval from the contractor. City Manager Bludau stated that Congress
may be o ing d imulus package and believed that the project should meet the criteria
because of amou f labor involved. He stated that the other half of the money needed to
fund the pro' ct can b oaned from the. CIP Fund and paid back via future bond issuances;
However, he ed that there is a need for further discussion relative to funding the project.
cil Me er Curry commended staff for bringing the project forward.
3. BU C LY VEGETATION CLEARANCE - ENVIRONMENTAL IMPACT REPORT
(EIR) DED AT A COST OF $150,0004200,000. [100 -20081
Fire Marshal Bunting reported that Council previously instructed the City Attorney's Office
to look at the proposed amendment to the Fire Code to see if it needed to comply with CEQA
and the findings were that the City does have to comply.. He stated that he then asked for
a estimate from a consultant in which the amount was between $150,000 - $300,000. He also
discussed Senate Bill 1595, displayed a preliminary map from the State, and stated that
he suggested to the State that it add and amend some of the areas on the map so they
are included in the high hazard zone. He indicated that he is waiting to receive comments
back from the State and then he will be given 30 days to conduct a public hearing to receive
feedback from the public.
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City of Newport Beach
City Council Study Session
December 9, 2008
City Attorney Clauson suggested that the City wait to see how the legislation intersects with
the City's proposed ordinance before spending money on an Environmental Impact Report
(EIR) because the City might be preempted by State law.
In response to Council questions, Fire Marshal Bunting stated that the State surveyed the
area by air and ground, and that the State regulation requires a redesign of the hillside by
placing it into zones. He noted that it would be difficult for the City to clear private property
that is considered a nuisance; however, State law might change the requirements to enforce
the clearance by the State Fire Marshal. He also noted that the OASIS Senior Center would
be in the red fire zone and State legislation gives Cou the authority to declare a very high
fire hazard. He indicated that new homes in the a do meet State requirements and the
substantial remodel threshold for fuel modificati is 50% for two years. He assured Council
that the proposed EIR will include the lower, and upper Buck Gully on both sides of
the highway and the water pressure in area ubstantial. He reported that staff
is inquiring into alternatives of gin ater to na del Mar. Council Member
Webb stated that the Irvine Ranch W . r District (IRWD ' conservative relative related to
back -up systems. Public Works Dir, r Ba m stated that t de does not allow a bidding
process for this project, but a pr ssiona]� ices selection can done and the price can be
negotiated.
4. BUCK GULLY RESOURCE AND
Assistant City Manager
area, the Natural Com r
Management Plan (RRMP),
Michael O' , ell, Irvine R
will be w, and discus
pub licgrogram� such as an
fire wch nroeram.
MANAGEMENT PLAN. 1100 -20081
presentation that included a history of the
an (NCCP), the Resource and Recreation
oncepts, and the next steps.
' Xservanc`3R*-ve details about the trail, how the bridge
two trail options. He stated that the RRMP includes
volunteer program, natural guided tours, and a volunteer
es ons' ' stions, r. O'Connell stated that only a small portion of the trail
on dison acc s 75% of the money will be for the bridges, and the steepest
grade o e trail is 50 -60 feet and about 1/10 of a mile. He requested that Council
consider t ' follo issues: there are no dogs allowed in the NCCP area, neighbors whose
homes are `- djacent "', the trails, one of the suggested trails is one -way, there
is encroach m is into�hs preserves, the fuel modification zone on the south side is
substantial a 'd would require an amendment to the NCCP, and he believed that there are no
tate grants it this time. He also suggested that Council decide if the area will be used as a
area orJ community resource.
Counc ber Curry expressed support for the project and stated that the canyon is a great
im- v ent to the area. Council Member Webb agreed that the path is a great resource that
will allow people to see the natural habitat. Council Member Rosansky offered services from
the Boy Scout Troops for Eagle projects.
Assistant City Manager Kiff stated that there will be two community outreach
meetings and Homeowner Association meetings, a webpage will be created, staff will research
grant opportunities, and the completed plan will be brought back to Council.
Mr. O'Connell stated that, after the plan is approved by Council, it will be subject to approval
by the wildlife permitting agencies.
In response to Mayor Selich's question, Fire Marshal Bunting stated that most of the area is
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City of Newport Beach
City Council Study Session
December 9, 2008
cleared by fuel modification or hazard reduction already; however the area of 5th Street and
Poppy are a concern because the canyon area is privately owned.
5. BANNER SIGN REGULATIONS AND DETAILS ISSUES. [100 -2008]
Part -Time Deputy City Attorney Wolcott provided Council with a handout and discussed
the proposed changes to Title 13, Title 10, and Council Policy L -16. She noted that
assessments can be challenged with the Administrative Services Director and if not resolved,
a hearing can be requested. Is
In response to City Manager Bludau's questions, P Time Deputy City Attorney Wolcott
stated that pictures of signs can be taken as Bence and the current policy on City -
sponsored programs involves money or reven haring. She recommended that a lower
threshold be added for City sponsorships. S ote t there is confusion as to where signs
and banners can be displayed and staff i 1 ng into tronic reader boards, traffic safety,
and the legality of speech issues. AP
ot'. @
Public Works Director Badum ex 'essed cern about the torists on arterial
highways in high speed areas gge d that the City invest Ni electronic reader board
because they are easy to read. —
In response to Mayor S 'ch's question'
not allowed in the righ ys and the
remove signs from the a also
citizens who remove signs.
III. PUBLIC COMMENTS - None
IV. ADJOURNMN:NR'- 5:2 §p.m.
The agenda the
Hall Bulletin B d 1
City Clerk
Works Director Badum stated that signs are
:tn get delegation from Caltrans and Edison to
Uhat there are no ramifications for private
Session 4 posted on December 3, 2008, at 2:50 p.m. on the City
d outside o he City of Newport Beach Administration Building.
Recording Secretary
Mayor
Volume 59 - Page 35
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
December 9, 2008 — 7:00 p.m.
I.
STUDY SESSION - 4:00 p.m.
II.
CLOSED SESSION - 5:25 p.m.
III.
RECESS
IV.
RECONVENED AT 7.00 P.M. I
V.
ROLL CALL
Present: Council Member Henn, Council Member Ro ky, Mayor Pro Tem Daigle, Mayor Selich,
Council Member Webb, Council Member Cur uncil Member Gardner .
VI. CLOSED SESSION REPORT - i
VII. PLEDGE OF ALLEGIANCE - G
VIII. INVOCATION - Rabbi Marc Ru
IX. PRESENTATIONS
A
Prion in Sup rt- "A Day With t a Bag' on December 18 - Mayor Selich read the
pn and sente it to Stepha Varga, Executive Director of Earth Resource
F.
Pon by t L mation Commission ( LAFCO) - Joyce Cross,
Efficer of LA introduced herself and Bob Aldridge, Assistant Executive Officer.
Sice w process and stated that LAFCO is working with City staff to
nsmooth a xation among Ranch and the Emerson Tract.
R IZATION
CERTIFICATI N OF GENERAL MUNICIPAL ELECTION RESULTS.
i bv_C- Runcil Member Webb to adopt Resolution No. 2008 -100 declaring the
of the neral Municipal Election held on November 4, 2008.
The mdWarried 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
B. ADMINISTRATION OF OATH OF OFFICE.
City Clerk Brown called newly re- elected Council Members Selich, Rosansky, and Curry
forward. She then administered the Oath of Office prescribed in the State Constitution to
the elected officials and presented a Certificate of Election to each Council Member.
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City of Newport Beach
City Council Minutes
December 9, 2008
C.
A
E.
The newly re- elected Council Members were seated at the Council dais.
ELECTION OF MAYOR.
City Clerk Brown, in presiding, placed all members of the Council on an equal basis to
nominate and elect. A
Council Member Gardner nominated Council Member Selich
Motion by Council Member Webb to close the r
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Ros
Member Selich, Council Member Webb
Gardner
ELECTION OF MAYOR PRO TEM.
The Mayor, in presiding, placed all member 4h,
and elect.
Council Member Rosansky
REMARKS.
Council
Mayor.
Council Me , Daigle, Council
Member Curry,' cil Member
Council on an equal basis to nominate
for Mayor Pro Tem.
vote for Mayor Pro Tem.
er Rosansky, Council Member Daigle, Mayor
Member Curry, Council Member Gardner
FORICITY COUNCIL.
ting arrangement for the Council dais, with the
preference. The following seating order was
- Webb - Gardner - Daigle
Mayor Selich t eked the residents, his City Council colleagues, and his family for their
support. He st red he did not take running unopposed for granted and reviewed the
May o m Curry thanked his Council colleagues and congratulated newly re- elected
Mayor and Council Member Rosansky. He also thanked the voters and his family
for their upport. He believed that the City is on the right track with its vision for the
community and highlighted Council accomplishments.
Council Member Rosansky stated that he is looking forward to the next four years and
thanked his family and the residents for their support.
Council Member Daigle stated that she is proud to be an elected official in the City and
what this City Council has accomplished. She added that she will gladly do her part to
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City of Newport Beach
City Council Minutes
December 9, 2008
change the City for the better.
XI. NOTICE TO THE PUBLIC
2UL CITY._. COUNCIL _ANNOUNCEMENTS OR__MATTERS_WHICH_COUNCIL MEMBERS
WOULD _..LI E PLACED ON A FUTURE.
.AGENDA POR_DISCUSDION CTION OR
REPORT_{NON- DISCUSSION ITEM):
Council Member Webb indicated that the City has selected a new Ci Attorney and that the
contract is on the agenda for approval tonight.
Council Member Henn reported that he is hosting a publieary a \tuss Wednesday,
December 10, at 6:00 p.m, in the Council Chambers to discuss dwalk
Council Member Rosansky requested a report for the J 13 me eto how the
OASIS Senior Center project will be funded and a repo orfuture m how the
City is going to approach the economic crisis.
Council Member Curry commended the Recreatjt andenior Services Department for Winter
I.3
2. RE NG ORDINANC AND RESOLUTIONS. Waive reading in full of
a14 and resolutions FAider consideration, and direct City Clerk to read
RE D R LUTION NO. 2008 -93; ADOPT RESOLUTION NO. 2008-
101 IMIN G AND SUNSETTING EIGHT PREVIOUSLY
EST SHED MMITTEES. 1100 -20081 a) Rescind Resolution No. 2008 -23
which minated nine committees, including the Newport Coast Advisory
Commit e (NCAC); b) adopt Resolution No. 2008 -101 eliminating eight
commit es; and c) direct staff to return to Council at a future date with
sugges ons to refocus the NCAC's role and meeting schedule.
4. OSITION 1B LOCAL STREETS AND ROADS FUNDING PLAN FOR
-2009 ALLOCATION. 1100 -20081 Adopt Resolution No. 2008 -102
a thorizing the submittal of a funding proposal to the Department of Finance for
the FY 2008 -2009 allocation of Proposition 1B - Local Streets And Roads
Improvement, Congestion Relief, and Traffic Safety Account Funds.
C. CONTRACTS AND AGREEMENTS
6. RECOMMENDATION TO RENEW THE PROFESSIONAL SERVICES
AGREEMENT WITH ATTORNEY THOMAS C. EDWARDS REGARDING
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City of Newport Beach
City Council Minutes
December 9, 2008
AIRPORT ISSUES CONSULTING UNDER THE SAME CONDITIONS OF
THE CURRENT CONTRACT FOR THE 2009 YEAR (C -4038). [381100 -20081
Authorize the City Manager to enter into a new agreement with Thomas C.
Edwards under the same conditions, but for the complete year.
7. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
DENNIS DANNER UPON HIS RETIREMENT FORA CfiNTINUATION OF
FINANCIAL AND MANAGEMENT SERVICES FOR NOT TO EXCEED
TWELVE MONTHS DURATION (C- 4130). [38/100 081 Authorize the City
Manager to enter into the professional services contr with Mr. Danner.
8. 2008 -09 TRAFFIC SIGNAL REHABILITA N 102) - AWARD OF
CONTRACT. [381100 -20081 a) Approve th oject pla nd specifications; b)
award C -4102 to TDS Engineering for ' total bid pri f $208,127, and
authorize the Mayor and City clerk to cute the contract; a establish an
amount of $30,000 to cover the cost of u ores n work.
10. EAST BAY AVENUE AND ST T IMPROVEMENTS (C -3955) -
COMPLETION AND ACCEP C [381100 -2008] a) Accept the completed
work; b) authorize the City Clerk a Notice of Completion; c) authorize the
City Clerk to release the Labor and erials bond 35 days after the Notice of
Completion has been recorded in accorda with applicable portions of the Civil
Code; and d) release Faithful Perfor a Bond one year after Council
acceptance.
11. EXTENSION OF PRO SSIONAL S AGREEMENT (C -3997) FOR
CONSULTING, PLANING A AD ACY SERVICES FOR THE
LOCAL COASTAL PRO R (LCP). 1381100 -20081 Authorize the City
Manager to execute an ame nt to the Professional Services Agreement with
D.B. Nei extending t erm to May 30, 2009.
D. MISCELL OUS
12. A T S FU GRANT. [100 -20081 a) Accept the Fireman's
Fund ge a in the amount of $25,000 ($20,000 will be used to
base Thermal Imaging Cameras and $5,000 will be used towards the
se o . RT vehicle); b) approve a sole source contract with AllStar Fire
Equi ent In . an amount not to exceed $20,000 for the Thermal Imaging
Came and c prove budget amendment (09BA -031) increasing revenue
estimat by $25, 00 in 2320 -4914 and appropriating those funds into Fire
Departnt account 2320 - 82007.
A motion b v a or Pro_T.e_.ni_Curry to approve the Consent Calendar, except for the
items re d (5, 9, 1 nd 14).
The motion ca the following roll call vote:
Ayes: Council M her Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich,
Council Member Webb, Council Member Gardner, Council Member Daigle
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR
5. OASIS COLDER ADULT SOCIAL AND INFORMATION SERVICES ") SENIOR
CENTER - 800 AND 801 MARGUERITE AVENUE - DETERMINATION OF
EXEMPTION FROM ZONING AND DEVELOPMENT REGULATIONS (PA2008-
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City of Newport Beach
City Council Minutes
December 9, 2008
109) AND ADOPTION OF THE MITIGATED NEGATIVE DECLARATION (MND).
[100 -20081
Dolores Otting believed that this item should have been a public hearing item, expressed
concern that a budget has not been finalized for the.project, and suggested postponing
taking action on this item.
Dick Nichols noted that the Mitigated Negative Declaration (/nd a lengthy document,
expressed concern about the placement of the facility on the s suggested that more
discussion occur and that this item come back at a later date.
Motion bv_Couneil_Member Rosanskv to a) exempt Senior Center project
from the zoning and development regulations of the port Be Municipal Code; and
b) adopt Resolution No. 2008 -103 approving the ated Negati eclaration (MND)
and the Mitigation Monitoring and Reporting Pro (MMRP) on the is of the entire
environmental review record_
City Manager Bludau emphasized that Co it is t approving the project and reviewed
the recommendations. City Attorney C on ted that Council discussed the project
description at a study session and direc taff to proceed with the environmental
documents according to the California Enviro tal Quality Act (CEQA). She confirmed
that the recommendations did not warrant ha a public hearing, the MND was
.circulated for the required 20 s, and there were comments received regarding the
MND. Planning Director Lepo on how the Pla Department provided public
notification for this item.
The motion carried by the followin C81
Ayes: Council Member Henn, Coun Rosansky, Mayor Pro Tem Curry, Mayor
SelicAD Con ember Webb, mber Gardner, Council Member Daigle
9. CORONA STREET RE TION PROJECT (C -3963) -PHASE 1 -
AWARD CT. 1281100 -
The Von ried by the following roll call vote:
Ayes: Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Sehch, Council Member Webb, Council Member Gardner, Council Member Daigle
13. REQUEST FOR FUNDING FOR TRAFFIC MANAGEMENT CENTER AND
SIGNAL MODERNIZATION IMPROVEMENTS. [100 -20081
Dick Nichols believed that the stop light that was installed on Coast Highway in Corona
del Mar is not working out well and that the City should not try to acquire Coast Highway
from the State.
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City of Newport Beach
City Council Minutes
December 9, 2008
14.
Mo ion_ - _Council Member -. Henn to approve a budget amendment (09BA -030)
appropriating $50,000 from the unappropriated Transportation and Circulation Fund with
$40,000 placed into Account No. 7261- C3002005 to cover the costs of purchasing and
installing new work stations, monitors and other related furniture in the existing City Hall
Traffic Operations Area, and $10,000 placed into Account No. 7261- C3002001 and to
complete the landscaping improvements at the intersection of Coast Highway and Iris
Avenue.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky,
Selich, Council Member Webb, Council Member Gard
BUDGET AMENDMENT TO ACCEPT A
NEWPORT BEACH LIBRARY AND APP
& OPERATIONS BUDGET ACCOUNTS F
Sue Hirsch, Friends of the Newport Beach
for $43,050.
Library Services Director Pirtle noted that I
ranked the Newport Beach Public Library as
20 in the nation among cities in the same pop'
increase revenue estimates by
Donations), and increase expe
Friends, and Division 4060, Lit
Pro Tem Curry, Mayor
Incil Member Daigle
OF THE
FUNDS
presented the City;kith a check
In's American Public Library Rankings
N rnia public libraries and No.
ilatio . appret amendment (09BA -029) to
5892 (Friends of the Library
s same amount in Division 4091,
he following - all vote:
Henn, Council ember Rosansky, Mayor Pro Tem Curry, Mayor
ember Webb, C ncil Member Gardner, Council Member Daigle
on the recent group homes use permit hearings for Balboa
port Coast Recovery, LLC.
tonight is City Attorney Clauson's last Council meeting and took issue
)rt at Pelican Hill is not displaying any Christmas decorations.
AGENDA FOR DECEMBER 4, 2008. [100 -20081
Lepo reported on the following item: Big Canyon Golf Course (PA2007-
516. COUNCIL APPROVAL OF CONTRACT FOR CITY ATTORNEY (C- 4131). [381100-
20081
Council Member Henn reviewed the recruitment process, reported that the City Council is
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City of Newport Beach
City Council Minutes
December 9, 2008
proposing hiring David Hunt as the new City Attorney, highlighted his career background,
and explained the process of how compensation and benefits were determined.
Motion bx_Council Member Henn to approve the City Attorney employment agreement
with David Hunt.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, May ro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardne ouncil Member Daigle
Council commended City Attorney Clauson for her 19 r service to the City and
wished her the best in her retirement.
City Attorney Clauson thanked Council and the ity, and reporte t the new City
Attorney will start on December 22 to allow a fe ay, of overlapping wi r to ensure a
smooth transition.
XDf. MOTIO-.N FOR RECONSIDERATION - None
XX. ADJOUR_NMENT - 8:17 p.m
The agenda for the Regular Meeting was posted on vember 21, 2008, at 2:45 p.m. on
the City Hall Bulletin Board 1 ted outside o e City of Newport Beach
Administration Building. The supp genda For t gular Meeting was posted
on November 23, 2008, at 3:52 p.m. o he ulletin oard located outside of the
City of Newport Beach Administrati
Secretary
Mayor
Volume 59 - Page 42