Loading...
HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1 City of Newport Beach January 25, 2011 City Council Study Session January 11, 2011 management study, believed that phasing is important, and urged Council to move quickly. In response to Council questions, Mr. Howard stated that his needs include a lot line adjustment and confirmation of the uses for the City Hall property. He also stated that they support the creation of a sky bridge and asked for independent access off of Newport Boulevard to Finley Avenue. He emphasized that competitive retail is considered incompatible with his property location. Matt Montgomery, Bayfront Holdings LP, provided his intentionAfor his property, expressed support for the plan, and encouraged Council to suppor4f%hplan. Niguel Varnado expressed support for the plan and worked on it. Larry Porricelli, Regency Theaters, expressed support for Russ Flueter expressed concern that the proje quality residential apartment is needed in the estimates, and discussed parking. Lee Sterns expressed opposition to allowing a retaining a fire station, and believed that o Bob Rush believed that there is a n a v expressed concern that Hoag HosjgW wifift an Hugh Helm urged Council to Association to be a part of th< Nancy Helm be stated that the sidewalk area, q Tim uses. who ed that a cash flow Wexpressed support for should be reinforced. composition of occupants and mt in the space. a r*rerentative from the Lido Isle Community Theater should be the focal point of the area, Should be removed to allow space for more about the amount of parking spaces. that the plan permanently removes some of the Elks to consider the character of the area as well as the Blaine B h expressed support for the plan and thanked Council for proposing to improve t a. Linda Klein believed that affordable senior housing does not support the plan for a vibrant upscale gateway to the Peninsula. Bernie Svalstad urged Council to consider adding a historical society to the plan. Tom Billings expressed support for the plan, stated that a police substation is needed on the Peninsula, opposed the addition of a canal, expressed concern about parking, and commended Mayor Henn for his work with the plan. Laura Curran expressed concern about the clarity of details, discussed transit problems, talked about circulation and connectivity;: a tad es ed rtbh 0 a nsportai:ion�n�des,�d pxpvidedppsstbl,� et�ulaaxs, Volume 59 - Page 2 City of Newport Beach City Council Study Session January 11, 2011 Agenda Item No. 1 January 25, 2011 management study, believed that phasing is important, and urged Council to move quickly. In response to Council questions, Mr. Howard stated that his needs include a lot line adjustment and confirmation of the uses for the City Hall property. He also stated that they do not support the creation of a sky bridge and asked for independent access off of Newport Boulevard to Finley Avenue. He emphasized that competitive retail is considered incompatible with his property location. Matt Montgomery, Bayfront Holdings LP, provided his intentions for his property, expressed support for the plan, and encouraged Council to support the plan. Niguel Varnado expressed support for the plan and coftented everyone who worked on it. Larry Porricelli, Regency Theaters, expressed support for Russ Flueter expressed concern that the project is being rushed, believed that a quality residential apartment is needed ' the a ea .- .proved= potential cash flow estimates, and discussed parking. Lee Sterns expressed opposition to allo ng a d swap, expressed support for retaining a fire station, and believed that tke blocllWcture should be reinforced. Bob Rush believed that there expressed concern that Hoag I Hugh Helm urged Cour Association to be a part Want composition of occupants and occupant in the space. from the Lido Isle Community Nancy Helm belie a atIdo Theater should be the focal point of the area, stated that tbo medi Via Lido should be removed to allow space for more sidewalk area, and expressed concern about the amount of parking spaces. 4 TMLHenson expresseYconcern that the plan permanently removes some of the Elks and ur*d Council to consider the character of the area as well as the q i Bush expressed support for the plan and thanked Council for proposing to Whe area. Linda Klein believed that affordable senior housing does not support the plan for a vibrant upscale gateway to the Peninsula. Bernie Svalstad urged Council to consider adding a historical society to the plan. Tom Billings expressed support for the plan, stated that a police substation is needed on the Peninsula, opposed the addition of a canal, expressed concern about parking, and commended Mayor Henn for his work with the plan. Laura Curran expressed concern about the clarity of details, discussed transit problems, talked about circulation and connectivity, and addressed non - vehicular transportation modes and provided possible solutions. Volume 59 - Page 2 Agenda Item #1 January 25, 2011 CITY OF NEWPORT BEACH Tim Collins, Co tan provided a erl?oint presentation that included the guiding principles, alte tives, mmunity co ants, definitions, explanation of the programs and uses, and tea comme dations. Todd L rovi t pr tion that included the project approach, dis lock hotos, ma ,G " ulation patterns, activity nodes, landmarks,. land _ p proposal, ati assing, proposed community service center, City Hall site, and e parking inven infor on. sponse to Conn uestion Mr. Larner stated that the title to the Finley access will be . ad ed at a later t e, noted that the land swap will not result in the City losing footage, clarifie at the proj proposes to expand the pedestrian access way to Mariner's Mile, and discusse app roa to alleviating the parking deficit. Richard Golli , Concord Group; utilized a PowerPoint presentation that included the redevelopment programs and values, City Hall values, and graphs. In response to Mayor Henn's question, Mr..Goffiw confirmed that the proposed Senior Housing element will contain some assisted living units. Don Howard expressed support for the revitalization of the Lido Village area, thanked Council for commissioning the project, expressed appreciation to T.C. Collins and Associates for their hard work and guidance, expressed concern about adding retail businesses that would compete with existing, businesses, provided a letter fiom supportive residents, encouraged the approval of an exclusive parking management - study, ,believed that phasing is important, and urged Council to move quickly. - Volume 60 - Page 1 City of Newport Beach City Council Study Session January 11, 2011 In response to Council questions, Mr. Howard stated that his needs include a lot line adjustment and confirmation of the uses for the City Hall property. He also stated that they support the creation of a sky bridge and asked for independent access off of Newport Boulevard to Finley Avenue. He emphasized that competitive retail is considered incompatible with his property location. Matt Montgomery, Bayfront Holdings LP, provided his intentions for his property, expressed support for the plan, and encouraged Council to support the plan. r Niguel Varnado expressed support for the plan and compliment everyone who worked on it. Larry Porricelli, Regency Theaters, expressed support for project. Russ Flueter expressed concern that the project eing r&,, ed, believed that a quality residential apartment is needed in the ZgtA ded potenti ash flow estimates, and discussed parking. Lee Sterns expressed opposition to allo swap, express ed ort for retaining afire station, and believed that the block should be reinforced. Bob Rush believed that there is a need for a vi nt composition of occupants and expressed concern that Hoag Hospital will n occupant in 114,space. Hugh Helm urged Council to a oin resentati from the Lido Isle Community Association to be a part of the pl proce . Bernie.Svals urg Council to consider adding a historical society to the plan. Tom Billings a sed support for the plan, stated that a police substation is needed on the Peninsula, opposed the addition of a canal, expressed concern about parking, and commended Mayor Henn for his work with the plan. Laura Curran expressed concern about the clarity of _details, discussed transit problems, and talked about circulation and connectivity. Craig Batley stated, that a senior housing factor is not exciting and noted that more proposals are needed. Denys Oberman thanked Council for their efforts, expressed concern for the plan's commitment to existing businesses, believed that hospitality use is needed, and stated that Volume 59 - Page 2 City of Newport Beach City Council Study Session January 11, 2011 III. IV. more stakeholders should be solicited for input. Bill Dunlap, St. James Church, expressed support for the plan and expressed concern about future parking arrangements for the church. Mayor Pro Tern Gardner expressed support for having a mixed tenant use and including a historical society in the plan. She questioned the need for having a community center in Banning Ranch and on the Peninsula and clarified that the proposed canal will incorporate water quality improvements. Council Member Selich stated that the current plan is and discussed the timing and design for the area. community center, housing options, and a historical so( Council Member Rosansky stated that he believed that the City should retain the Y adjustment. He expressed support for a services center should be much larger th Council Member Curry believed that rei the property, expressed the need for good the hotel idea will be addressed.. Council Member Daigle stated and discussed the benefits of self Henn ex 1 and con lders for t was the such increases id %u consensus on the housing elan the final concept I from the original plan support for the canal, the appr . d version of the design, xe access, supported the lot line ety, but believ that the community erating entities are the be'9t public use for both visitors and residents, and hoped that of hT g will require more discussion :d that the an is impro nt from the original plan, believed )uld never be recognized the concern of stakeholders, believed &d to inv a residents and to, explore the various uses, Finley Avenue ccess, expressed concern about the pedestrian pods, senior houein at the location, discussed his concern about about t possibility of having public service on the land at ;ed support for the updated plan, summarized the discussions, tad t am that worked on the plan expressed appreciation to the 'pating the process, and commended the public for providing sus of Council that certain elements remain in the plan as presented, ual access for Finley Avenue, and allowing the lot line adjustment. nsensus in support of their willingness to trade off residential density more open space and view corridors to the water. Council did not reach ;s of the size of the community service center element and the nature of These issues will be considered again at the January 25 meeting, when is presented for approval by Council. PUBLIC COMMENTS - None ADJOUANMENT - 6:16 p:m The agenda for the Study Session was posted on January S, 2011, at 2:50 pan. on the City Half Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 59 - Page 3 City of Newport Beach City Council Study Session January 11, 2011 City Recording Secretary CITY OF NEWPORT BEACH City Council Minutes City Council Regular Meeting January 11, 2011 — 7:00 p.m A. O1 VL1 OL`O Awll - % ;VV F.11L II. CLOSED SESSION - 6:15 p.m. A. Conference with Legal Counsel - B. Conference with Legal Coun - Anticipate itiLration - Prop e V2Ma hur Blvd, Irvine, APN 445 -132 -009 City Negoebb, City Engineer; Andy Tran, Senior Civil Engineer Negotiating Part ios: South Coast Thrift & Loan (First California Bank) Under Negotiation Price and Terms of Payment Property: 19742 MacArthur Blvd, Irvine, APN 445 -132 -011 City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer Negotiating Parties: Bates Johnson Building, Ltd. Volume 60 - Page 5 City of Newport Beach City Council Minutes January 11, 2011 Under Negotiation: Price and Terms of Payment Pro e : 19712 MacArthur Blvd, Irvine, APN 445 -132 -018 City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer Negotiating Parties: CIP Centerpoint 123, LLC Under Negotiation: Price and Terms of Payment A III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Hill, Council Member Ros , Mayor Pro T Council Member Selich, Council Member C Yy, Co„ cil Member VI. CLOSED SESSION REPORT Mayor Henn, City Attorney Hunt reported that, regarding II.B.2 (po al litigation relative to Morningside Zoning Agreement), Council unanimously auth ' ed the defense the matter if it is filed, but instructed staff to keep the lines of communication o ce the filing is a citizens.group from the City. VII. PLEDGE OF ALLEGIANCE Council VIII. INVOCATION - Mr. Frank CA#,rpenter Junior Lifeguard of Year Fire Chief Mor g hm of 9 year old Junior Lifeguard, Christopher Hughes, an wr certificate scholarship check. He also introduced Lifeguard Battaho of Rob W' d Captain Brent Jacobsen, Junior Lifeguard Instructor Jenna Murp and Junior Life D Gr Leader Jeff Pratt. x NUTIC THE PUELIC Xi. CITY COT ANNOUN MENTS OR MATTERS WHICH UNC L MB S D . LIKE PLACED A FUT AGENDA O DISCUSSION. ACTION Olt REP ORT N- DISCUSSION IT Council Member Daigle ounced that she attended the swearing -in. ceremony for Supervisor Moorlach, along with Council, Member Hill; Aviation. Consultant Tom Edwards, and many members of .Air Fare; the Airport Working Group (AWG), and the Santa Ana "Heights PAC. She rioted the importance of working with Supervisor Moorlach on airport issues. Council Member Curry announced that February 6 -marks the centennial birth of former President ' Ronald Reagan and that, on January. 27, the Lido Theater will be premiering Ronald Reagan - An American Journey. He noted that, if approved;, Item B27 will allow the City to accept private donations to be used ,toward the creation of a. statue or similar work honoring former President Ronald Reagan. Council Member Selich requested that Council discuss the property at 443 Harbor Island Drive at: a Volume 60 - Page 6 City of Newport Beach City Council Minutes January 11, 2011 future meeting since it has been sitting uncompleted for four years. Mayor Henn discussed the boat parade, announced that the boat parade awards ceremony will take place on January 28, stated that the Lido Village conceptual plan was discussed at the study session and will be recapped at Speak Up Newport on January 12 at 6:00 p.m., announced that he attended the Yacht Association Installation, announced that Restaurant Week will be held January 21 to January 28, reported that Council will conduct its annual priority setting meeting on February 5 at 8:30 a.m. at the OASIS Senior Center, announced that the Mayor Facebook page will be started shortly, and stated that he intends to continue the Meet the Mayor sessions throughout the City during his term. XII. CONSENT CALENDAR A. READING OF M D. CONTRACTS AND AGREEMENTS 11. 2010 -2011 SIDEWALK, CURB .& GUTTER RECONSTRUCTION PROJECT,`- AWARD OF CONTRACT NO.: 4561. a) Approve the project plans and specifications; b) award Contract No., 4561 to Grigolia & Sons Construction Company, Volume 60 - Page 7 City of Newport Beach City Council Minutes January 11, 2011 Inc. (Grigolla & Sons) for the total bid price of $475,370.00, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $95,000, approximately 20 percent, to cover the cost of unforeseen work and anticipated work not included in the original project limits. 12. OASIS SENIOR CENTER REBUILD PROJECT - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3888. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) authorize the City Clerk to release the Labor and Materials Bond V days after the Notice of Completion has been recorded in accordance with ap cable portions of the Civil Code; and c) release the Faithful Performance nd one year after Council acceptance. 13. EASTBLUFF PARK AND BONITA C K K RECYCLED WATER RETROFITS - COMPLETION AND A TANCE CONTRACT NO. 4134. a) Accept the completed work and aiorize the City lerk to file a Notice of P Completion for the project; b) auth th City Clerk t lease the Labor and Materials Bond 35 days after `Noti of Completion been recorded in accordance with appli cable po - s of Civil Code; and c) se the Faithful Performance Bond one year after acceptance. 14. CORPORATION YAR FLEET S P CNG MODIFICATION PROJECT (CONTRACT NO. 43 - BUDGET NDMENT FOR CONSTRUCTION SUPPORT SERVICES. a Budget dment No. 11BA -021 appropriating $20,000.00 from unapprop ted Fund B 290 -3605 to Account No. 7290 - C8002014. 15. AMEND O. 2 TO NT CTOR A EEMENT WITH MERCHANTS LANDS E - RVICES, I O PROVIDE LANDSCAPE MAINTENANCE FOR ME IANS AND ADWAYS. Approve the amendment to the existing agree with erchants Lan ape Services, Inc. for the landscape maintenance at OASIS Se " r at a cost of 000 per year. 16. CT REE H RAINBOW DISPOSAL TO PROVIDE RE FU OLL ION SERVICE AT CITY BEACHES. Approve the ten year agreement 'th R ow Disposal for the collection of beach refuse containers at a cost of $127, per ye 17. JUSTICE ISTANCE GRANT - ANNUAL AWARD. a) Approve the agreement transfer s for Fiscal Year 2010, Justice Assistance Grant annual award, and a orize th ity Manager to execute the agreement per Council Policies F -3 and F- 25. erefo to comply with Council Policy F -3, the City Manager may accept grants ations of up to $30;000 on behalf of the City; and b) approve Budget Amen t. No. IIBA -027 increasing revenue estimates in the amount of $13,322 in Account No. 129 - 5257, and increase expenditure appropriations in Account No. 1290 -, 7095. V8. FUNDING FOR MULTI- YEAR. SUPPORT FOR COMPUTER AIDED DISPATCH (CAD) AND RECORD& MANAGEMENT SYSTEMS. a) Approve an expenditure of $161,279.29 for hardware and software support for the Police Department's Computer Aided Dispatch (CAD) and Records Management System . (RMS) from Northrop Grumman (formerly PRC) for July 1, 2010 to June 30,2011; b) approve an expenditure of $185,093.24 for hardware and software support for the Police Department's CAD and RMS from Northrop Grumman for July 1, 2011 to June Volume 60 - Page 8 City of Newport Beach City Council Minutes January 11, 2011 30, 2012; e) authorize a single- source contract with Northrop Grumman, the product manufacturer of the Police Department's CAD and RMS systems; and d) authorize the Mayor and City Clerk to execute a Professional Services Agreement with the vendor, as approved by the Office of the City Attorney. E. MISCELLANEOUS 19. ACCEPTANCE OF THE UNIFIED PROGRAM AGENCIES (UPA) GRANT FUND ALLOCATION. a) Accept the UPA Grant Fund Allocation in the amount of $20,000.00 to be utilized for reimbursemen/req" tion costs associated with the implementation of Assembly Bill Nh requires all regulated businesses and UPA to use the internet to ified Program information electronically; and b) approve Budget o. 11BA -022 to deposit $20,000.00 UPA Grant into Account No. 233 20. APPOINTMENTS BY THE MAYOR THE COU IL /CITIZENS AD HOC COMMITTEES, THE JOINT GO NTAL CO TTEES, AND THE CITIZENS ADVISORY COMMI ES m the appoin nts outlined in the staff report. S27. TI ELA CCEPTING DONATIONS FOR A STATUE OR SIMI WO HONORI THE BIRTH CENTENNIAL OF RONALD REAGAN. dopt olution No. 2011 -10 relating to accepting donations for a statue or similar w hono the birth centennial (February 6, 2011) of former President Ronald Reaga t' a or o Tern Gardner seconded by Council Member Rosansk3r to approve Consent alendar, except for the items removed (3, 4, 9 and 10) and noting the . amendmen Item y Council Member Daigle. The motion y the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich; Council Member Curry, Council Member Daigle XIII. ITEMS REIVIQVED FROM THE CONSENT CALENDAR 3'. ESTABLISH UPDATED SPEED LIMITS ON CITY STREETS. in response to Council questions, Public Works Director Badum explained how the speed survey'is used to determine speed limits on most arterials throughout the City. He further discussed the rationale for changing the speed limits near Cameo Shores due to the transition Volume 60 -Page 9 City of Newport Beach City Council Minutes January 11, 2011 zone and indicated that speed mitigation measures can be looked at for the area. City Traffic Engineer Brine reported that the City is no longer allowed to round down the speeds, explained that free flowing conditions are required when the surveys are taken, and emphasized that the speed limits need to be enforceable for the Police Department. Regarding Vista del Oro, he stated that the speed limit was changed to make it consistent with the rest of the street. City Manager Kiff noted that traffic calming measures will be discussed at the next study session. Council Member Curry pointed out that the City is acting on to act in response to the survey means that the Police Depa: laws and the courts could not uphold speeding tickets. Farhed Shah - Hosseini, Cameo Highlands Homeow that the community is opposed to increasing the pedestrian traffic. A Dan Pierson expressed concern for Corona del Mar. Robert Hawkins requested that Irvine due to the configuration of the road. mandates and that failure ; cannot enforce any speed :ion Board Member, stated and expressed concern for 0 Westcliff and Cameo Shores to be re- surveyed information is that they introduce Newport Beacl pass to second direct staff to limits. information for Cameo Highlands and expressed hope that ant reconsideration. the speed limits at the entrances into Corona del Mar, high Mmber Rosansky, seconded by Council Member Curry to a) lo. 2011 -1 amending Chapter 12.24 (Special Speed Zones) of the ial Code regarding increasing and decreasing State speed limits, and on January 25, 2011; and b) upon final adoption of the. Ordinance, iodify all speed limit signs requiring changes to reflect new speed Council Member Selich requested that Council Member Rosansky amend his motion to also .conduct further study on Irvine Avenue between Westcliff and Santiago, Vista del Oro in Eastbluff, Coast Highway and Cameo Shores, and on Bayside Drive. rr to a) introduce Ordinance No. 2011 -1 amending Chapter 12.24 (Special Speed Zones) of the Newport Beach Municipal Code regarding increasing and decreasing State speed limits, and pass to second reading on January 25, 2011; b) upon final adoption of the Ordinance, Volume 60 - Page 10 City of Newport Beach City Council Minutes January 11, 2011 direct staff to replacelmodify all speed limit signs requiring changes to reflect new speed limits; and c) direct staff to conduct further study on Irvine Avenue between Westeliff and Santiago, Vista del Oro in Eastbluff, Coast Highway and Cameo Shores, and on Bayside Drive. The amended motion carried by the following roll call vote: Council Mem Hill re ested clarifies on relative to when a use permit ends that runs with the land an hen operator lice would begin. Council Member Selich expressed concern that the a ould not ach the City Council. level. City Attorney Hunt in g t ame pro a permit may make the operator license difficult to orce all t ay erminati on. urther, as written, the process provides for more xibility in ad dr g o tional issues. He added that use permits convey property hts, but licenses ermits not have constitutional protection and are a privilege, not a erty right. Co un Membe urry indicated that proposed Section 5.25.050.B addresses the a of due prose and noticing. Police Johnson orted that he oversaw this type of issue and had similar authority in Long Beac . e n ' ed his methodology for reviewing the licenses and emphasized that he is pro - busine usinesses need to be responsible: He indicated that it was never conveyed to him etting an operator license is a burden. Associate Planner Murilllo stated that operators would only be able to appeal to. the City Manager. Mayor Henn expressed the opinion that resident should also be able to appeal the license. City Attorney Hunt indicated that the ordinance can be amended to include this, if desired. Marcia Dossey believed that the City needs more establishments for dancing and suggested that the -Police Chief also review the impacts of the adjoining businesses, especially if they have entertainment. She noted that these establishments generate revenue and agreed that the Police Department should provide the enforcement, not Code Enforcement. She believed that Council should be the appellant body and requested that the review period be longer Volume 60 - Page 11 City of Newport Beach City Council Minutes January 11, 2011 than 10 days. John Kenney believed that the City should maintain a representative form of government. Dan Pierson believed that Council should hear the appeals and expressed concern with giving the Police Chief this type of authority. Robert Hawkins, Planning Commissioner, believed that the Planning Commission should make the initial findings and is able to separate the use permit and operator license issues. He expressed concern that this process gives authority to invest' te, adjudicate, and enforce to one person. He pointed out that the operator licenses d not conflict with the use permit. Acting Planning Director Campbell reported that s is proposing Section 5.25.050.1) that does not allow the conditions to be less restrictive required by any applicable use permit. Council Member Rosansky suggested that, in not address hours of operation so it does not r operator license address this issue. Acting permit typically addresses hours of o tic permit. He noted that the Poli ce Chief how the business operates and will not be char Charles Unsworth, Planning notice. He believed that the ] is not appropriate for him to the license. George Schroeder licenses. He acres Ali Zadeh, Pc enforcement; there r to avoid red ancy, use permits should i the land. He mmended having the ire ctor Campbe Gated that the use cause conditions are lied to the use more restrictive condi s depending on any land use rights. t citizens are entitled to some type of ie ormation to the hearing board, but it e it, d then impose sanctions to revoke the CitMat have overconcentration of liquor cautioned against oversaturation. ssed su oA for the Police Chiefs role since he also provides more an sis before changing the law. Mayor Henn * that that the noticing period requests written comments and suggested changing the 1 to 21 days. Amended motion—by Mayor Pro Tern Gardner. seconded by Council _Member Dai le to a) introduce Ordinance No. 2011.2 amending the Newport Beach Municipal Code and incorporating Chapter 5.25 establishing the requirement for an Operator License, and pass to second reading on January 25; 2011, with the addition of Section 5.25.0503, but change the noticing period from 14 days to 21 days; addition of Section 5.25.050.1); include the ability for the public to appeal the operator license; and allow the decision to he appealable to the City Council; not the City Manager, and b) adopt Resolution No. 2011 -1 establishing the application fee for an Operator License. Mayor Henn believed that :the appeal process to the City Manager is the most legally Volume 60 - Page 12 City of Newport Beach City Council Minutes January 11, 2011 defensible method and proposed a substitute motion. Substitute motion by Mavor Henn, seconded by Council Member Hill to a) introduce Ordinance No. 2011 -2 amending the Newport Beach Municipal Code and incorporating Chapter 5.25 establishing the requirement for an Operator License, and pass to second reading on January 25, 2011, with the addition of Section 5.25.050.13, but change the 10 days to 14 days; addition of Section 5.25.050.1), include the ability for the public to appeal the operator license; and allow the decision to be appealable to the City Manager; and b) adopt Resolution No. 2011 -1 establishing the application fee for an Operator License. Council Member Rosansky expressed support for trying the oposed process, noting that it can be amended if necessary. Council Member Selich indi d that protecting the ordinance is more important than how appeals are handled. He ed that it can be adjusted in the future if necessary. The substitute motion carried by the following r all vote: Ayes: Council Member Hill, Council Member' osan Mayor Henn, a cil Member Selich, Council Member Curry Noes: Mayor Pro Tem Gardner, Council e lbaigle 9. APPROVAL OF THE POINT OF DISP SING SITE PLANNING SERVICES AGREEMENT. 11 - In response to Council Member D le's tion, Fire Cef Morgan clarified that this would only be activated if there was an em � gency, e City 6- the option to utilize flu shots as part of a drill. Motion by Coun ... ber Curr onded by Mayor Pro Tem Gardner to adopt Resolution No. 11 -6 roving the Nnt of Dispensing Planning Services Agreement for Fiscal Year 20 2011 a tl authorizing ayor to act as the "Authorized Agent" to execute for, and on beha1! f, th City any acticessary to implement the Agreement and obtain financial assistance . 1 Cof Orange Health Care Agency. vote: Council Mem Hill, until Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council tuber S , Council Member Curry 10. AWAR " ONTRAC FOR BALBOA YACHT BASIN MANAGEMENT. Mayor Henn ue d that staff also develop a fiscal year 2011 -2012 capital improvement program for th oa Yacht Basin for an amount not to exceed $50,000 over the next two years that goes b end the maintenance items listed in the staff report. Motion by Mayor Henn, seconded by Mavor Pro .Tem Gardner to a) approve and authorize the Mayor and City. Clerk to execute a Professional Services Agreement with Basin Marine, Inc. for Balboa Yacht:Basin management for three years; b) approve Budget Amendment No. IIBA -023 appropriating $35,165 from the unappropriated Tidelands Fund Balance Account No. 230-3605 to Harbor Resources Account No. 2371 -8080; and c) direct staff to develop a fiscal year 2011 -2012 capital improvement program for the Balboa Yacht Basin for an amount not to exceed $50,000 over the next two years that goes beyond the maintenance items listed in the staff report. Volume 60 - Page 13 City of Newport Beach City Council Minutes January 11, 2011 +® XV. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Pro Tem Gardner discussed the Citizens Bicycle Safety Committee meeting and announced that they will be conducting an outreach program to solicit input relativ to implementing sharrows on Coast Highway through Corona del Mar. Mayor Henn reported that the Finance Committee discussed pe of investment managers, the Request for Qualifications (RFQ) revenue trends, and how the State budget may impact the Cit PUBLIC HEARINGS 23. NEWPORT BUSINESS PLAZA CAMPUS DRIVE - GENERAL COMMUNITY DEVELOPMENT PARCEL MAP NO. NP2010 -006 1 City Manager Kiff indicated tha need to adopt findings in order Campbell explained the policies projects have been required to have for conditions that could waive the was required. :ENT NO. GP: ENT NO. PD2 NO. 2010 -101). , decreasing the number parking meter services, ) AND 5190 -PLANNED TENTATIVE ncil can req a Development Agreement (DA) or will aive t he e or the DA. Acting Planning Director al Plant equine a DA, discussed why larger DA a hlighte MC Section 15.45 that provides 'quireme ort on the review process if a DA M Henn open he public hearing. Meg ey, rep enting the applicant, discussed why the waiver is appropriate and expla how t project has changed due to concessions they have made. Regarding the tial public benefits that are listed on page 5, Acting Planning Director Campbell indite that they have not determined the costs involved with implementing the improvements. Mayor Pro Tem Gardner indicated that she would be willing to waive the DA if the applicant conducted some of the improvements. John Young, applicant, indicated that they would be willing to do the first four items on the list, as long as it was just in front of the property and not all along the main streets. He believed that the suggested improvements would cost $50,000 to $100,000, but should be reviewed by Public Works to determine if they are needed. Hearing no further testimony, Mayor Henn closed the public hearing. City Manager Miff noted that the street trees should be standard size. It was the consensus of Volume 60 - Page 14 City of Newport Beach City Council Minutes January 11, 2011 Council that all the improvements should be subject to review and approval by Public Works. Council Member Rosansky expressed support for the improvements, but believed that the issue should be continued to January 25 for further review. Council Member Hill believed it is appropriate to further define the DA policy for gray areas. Motion by Council Member Daigle, seconded by Mayor Pro Tem Gardner to a) waive the requirement for a development agreement and approve the project as recommended in the October 26, 2010 staff report; b) adopt Resolution No. 2011 -7 hich includes findings in support of a waiver of the requirement for a development eement for the project; c) introduce Ordinance No. 2011 -3 approving Planned mmunity Development Plan Amendment No. PD2009.001, and pass to a second readi or adoption on January 25, 2011; and d) include as conditions of approval of the project fo ing public benefits, subject to review and approval by the Public Works Depart : 1) Enh ed aesthetic improvements to the surrounding pedestrian easements, insta on of non -stan rd sidewalks, pavers and landscaping; 2) Improvements to the median(i d at the southwes ner of Campus Drive and Jamboree Road, including enhanced 1 ndsca Ag that would aintained by the applicant; 3) replacement of existing stre gees ng Campus Drive an mboree Road; 4) and change -out of existing streetlights wit D streetlight heads. Volume 60 - Page 15 City of Newport Beach City Council Minutes January 11, 2011 CODE. 26. ADOPTION OF AMENDMENTS TO THE 2010 CALIFORNIA BUILDING CODES AND NEWPORT BEACH MUNICIPAL CODE, AND ADOPTION OF THE 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE AND 2009 UNIFORM SWIMMING POOL AND HOT TUB CODE. Interim Community Development Director Fick provided the staff report, discussed the public workshops that were conducted, and highlighted the amended recommendation relative to the installation of sprinklers for additions or reconstruction projects._ Interim Community Development Director Fick and Fire arshal Gamble explained the current regulations related to sprinkler systems and ecommended amendment to the Fire and Building Codes. They noted that the ame d mmendation does not impact smaller homes. Mayor Pro Tem Gardner noted prefere to have the threshold for sprinklers be based on a percentage and not j� percentage a square footage. Council Member Curry stated that the proposed method cool be costly for ller homes and noted that the amended recommendation was v ed t gh the Buildin dustry Association (BIA). Council Member Selich expresse a op' n that a change is eeded. Interim Community Development Director Fick in a proposed amendment indicated that the proposed amendment would have only cted six homes over the last 12 months. Council Member Rosansky believed that the am 'ded recommendation is a good compromise between what Mayor Pro Tem Gahhacr and Council mber Selich want. Regarding the Building Code, W.R. Dildine stated that no other municipality has made amendments to the California Green Building Standards Code, took issue relative to the Minimum Efficiency Rating Value (MERV) increase from 7 to 8 for HVAC air filters; and expressed concern that the Task Force on Green Development reviewed code issues. He discussed commercial dishwashers, elevator standards, and the responsibility of the design Volume 60 - Page 16 City of Newport Beach City Council Minutes January 11, 2011 professionals. He believed that the amendments will be difficult for the Building Department to inspect. Mayor Pro Tem Gardner stated that several architects were members of the Task Force on Green Development, and that a representative from the BIA attended all the meetings and signed off on the recommendations. Deputy Building Officer Jurdi confirmed that the ordinance is only requiring a MERV with a higher value than 7, not necessarily MERV 8. Motion by Council Member Rosansky, seconded bv Council Member Curry to a) introduce Ordinance No. 2011 -5 relating to adoptXadan ct codes and amendments (2010 California Building Codes and Newport B Code, 2009 International Property Maintenance Code and 2009 Uniform Swd Hot Tub Code), with the amendment to the sprinkler system requirement aernate means and methods statement, and pass to second reading on January adopt Resolution No. 2011- 9 setting forth findings for the proposed amendmep n January 25, 2011. The motion carried by the following roll call Ayes: Council Member Hill, Council Henn, Council Member Selich, ( XVI. PUBLIC COMMENTS - None XVIL MOTION FOR RECONSIDERATION XVIII. ADJOURNMENT -10:30 p.m. The agenda for the Regula eeting wa: Hall Bulletin Board to tside of tl The supplemental ag da fo the Regul p.m. on the City 1 Bull in Board Administration Bui sky, Mayor Pro Curry, Council h Mayor n Jan 5, 2011, at 250 p.m. on the City Vewport each Administration Building. g was posted on January 7, 2011, at 8:30 outside of the City of Newport Beach Recording Secretary Mayor . Volume 60 - Page 17