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HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1 February 8, 2011 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session January 25, 2011 — 4:00 p.nL I. ROLL CALL Present: Council Member H' ayo Selich, Council Me r Curry, Absent: Council Member sanskv Tem Gardner, Mayor Henn, Council Member acil Member Daigle In response to Mayor Pro..Tem rdner's Time Limits and Rules); Harbor our g Wharf is closed at midnight. Regar tem 1 1 Maintenance Agreement for 2700 West Coast Badum reported that the palm trees are City trees. VESSEL OVERHANG. CALENDAR. tia on om City Manager Kiff that the regarding oceanfront encroachments and n information at the City Council goal Item 8 (Public Pier irted t he Rhine ment*au .oint Use Harbor Resources Manager Miller utilized a Pow o' esentation to discuss the current rules for vessel overhangs, potential fu issues, large vessels in shipyards „the 2901 West Coast Highway project, the goal of having a world cla harbor, the various lines utilized in the harbor, issues with the harbor lines, next steps. He also discussed. potential locations and amenities for the star aped marinas. Mayor Pro Tem' Gardner Wdted` that'dredgiiWT1WLarbor "will gwe the fls b�ity in determining the harbor lines depending on how the City wants tb shape.the harbor. Further,. by having the :federal government dredge once and have the City take it over, they will save:moneyin. the long run. She believed .thata conceptual plan should be generated,.. Council.Member Selich beheved that the focus should be' on vessels in the navigation channel or in narrow channels: Council Member Curry agreed'and emphasized thattlie Citiy should not be im*ding on property rights. He. added that the City needs to address problem areas and be. Volume 60 `- Page 18 City of Newport Beach City Council Study Session January 25, 2011 careful about how the harbor is being used today. Council Member Daigle requested that an analysis of the economic impacts be conducted. She noted the importance of the federal government acting on the harbor lines issue. Mayor Henn noted the federal government's responsibility to dredge the harbor and believed that each area should be looked at individually. Regarding the pending project application, He pointed out that the dock meets the requirements so approval is appropriate. In response to Council questions, Traffic Engine rin seed the design of the neighborhood traffic circle compared to a roundab a reported that the design left in the four -way stop. Public Works Director adum also noted that t neighborhood does not have sidewalks so there are pedestrians in the street 'discussed other design techniques that could assist with traffic calming. Council Member Rosansky stated that, since there is no money to condu robust traffic circle, he recommended removing the traffic circle since it was s sed to be temporary. Council Member Selich expressed concern about the number of accidents on Bayside Drive, the difficulty in returning from the beach on the bike route, and .the speed Inuits on Balboa Island'. Public Works Director Badum indicated that the Citizens Bicycle Safety Committee will be looking at the bicycle route issue. He added that having medians could also assist with speeds on Bayside Drive and noted that speed limits have already been reduced. Mayor Henn suggested placing large dots along the bike lane; however, Public Works Director Badum noted that they are noisy and may cause accidents for the bicyclists. City Manager Riff indicated that staff will look at the three areas, determine the Volume 60 - Page 19 City of Newport Beach City Council Study Session January 25, 2011 budget, and bring something back to Council at the next meeting. Bob Koop expressed suppoqLfor relooking at traffic remedies. City Attorney Hunt utilized a PowerPoint pre tat' to discuss the proposed changes to Council Policy F -14 (Contracting for Se es), particularly relative to levels of authority, unique contractual relationships with instructors and recreatio contractors, on call- agreements, and amended contracts. He reported on administrative policies would work in conjunction with Council Policy 14. Regarding Council Policy F -6 (Purchasing Authority for Goods and ce9), Administrative Services Director McCraner discussed goals, reviewed t roposed levels of authority, and discussed administrative policies. Council. Member Daigle suggested that a provision be included that provides for a report from the City Manager on a regular basis relative to the contracts that were not approved by Council. Mayor Henn believed that a provision should be' included that allows for Council to stop the reporting requirement or reconsider the need for " the reports. City Manager Kill stated that he will draft reporting language and bring it before Council for consideration. In response to.Council questions, City Attorney Hunt indicated that the Charter does not limit the amount fortontracts, but. only limits the amounts for public works contracts- since'those have to be'bid.out for anything over $120,00'0. He added that Volume 60 - Page 20 City of Newport Beach City Council Study Session January 25, 2011 III. the Charter states that Council has authority to contract but may delegate authority to staff by resolution. Jim Mosher took issue with a contract the City entered into regarding a cell phone transmitter site, believed that the proposed policies are incompatible with the Charter, and questioned whether the approval of contracts can be delegated to department directors. City Attorney Hunt stated that the proposal is consistent with the contracting authority granted by the City Council. He added that the policies are only changing the amounts, not the strucre or delegation. W. R. Dildine sugges ma g reference to the Uniform Cost Accounting Act rather than chaneirn a amoun annually. Regarding Public W s "contracts, W. R. e s Bested that the City consider developing an informal bi ordinance, estab ' a oww9��� threshold for purchase orders, and having an electro rocess for b' p 20,00`6�in order to keep the construction industry apprised. Quentin Foster, commercial real esta rok recommended that the City sell the current City Hall property for $50 million, n p se the Lido Village property along with the. five waterfront parcels. and any r Conti us properties along Via Lido. He discussed the advantages for the City and submitted his respondence. City Attorney Hunt reported that an " sue ar r the osed Session Agenda was posted. He requested that Con '1 adding matter t e Closed Session Agenda relative to potenti xposure ]it' tion fro a egations relative to the Morningside Zoning Agreement. ted tha 4/5 to is required to do this and that Council needs to take act becaus e' mayean opportunity to resolve this before the next regular me ng. Motion by Council Member Curry. seconded by CaAeil U&ber Selich to add an item to the Closed Session Agenda that arose after the ose " ssion Agenda was, posted relative to potential exposure to litigation from allegations elative to the Morningsid Zoning Agreement. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gar Mayor Henn, Council Member Selich; Council Wember Curry, Council Member gle IV. ADJOURNMENT - 5:53 p.m. The agenda for the Study Session Meeting was posted on January 19, 2011, at 4:10 p.m. ,on the City Hall Bulletin Board located outside of the. City of Newport Beach Administration Building. City of Newport Beach City Council Study Session January 25, 2011 Recording Secretary Mayor CITY OF NEWPORT BEACH City Council Minutes City Council Regular Meeting January 25, 2011 — 7:00 p.nL C. t on a global b on all pending 1 on only. No acts however, may below. Case No. 30-2010-00433049. No. SACV 08 -00457 AG (PLAx). Case No. SACV 09 -0701 to consider the appointment, employment, sal of two public employees. ntial exposure tigation om allegations that the Morningaide Zoning Agreement wa t properly ado d under state law. III. RECESS IV. RECONVENED AT FOR REGULAR MEETING V. ROLL CALL Present: Council Member Hill, Council Member Rosansky; Mayor Pro Tem Gardner, Mayor Henn, Council. Member Selich, Council Member Curry, Council Member Daigle VI. CLOSED SESSION REPORT City Attorney Hunt reported that just prior to entering into tonight's Closed Session, Council votec unanimously to add Morn a. City of Newport Beach which has threatened litigation arising out o: the Mosningside Settlement Agreement. The item arose after the Closed Session Agenda was posted. No reportable action was taken with the exception of the matter of Basdbe a. Avila, et al fos Volume 60 - Page 28 City of Newport Beach City Council Minutes January 25, 2011 which Council voted 7 -0 to authorize defense of the matter. VII. PLEDGE OF ALLEGIANCE - Council Member Rosansky VIII. INVOCATION -Reverend Karl Stuckenberg, Newport Center United Methodist Church IM Proclamation Designating February 6, 2011, as Ronald Reagan Day - Mayor Henn read the proclamation and presented it to Larry Porricelli, Regency Theaters DistctManager. X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOU REPORT (NON- DISCUSSION ITEM) Council Member Hill announced that he and his colleagues ttended the O etwork "Helping 100 Businesses in 100 Days" workshop. 10 1b, Mayor Pro Tern Gardner announced that the Cit s Bicycle Safety Committee4will meet on Monday, February 7 at 4:30 p.m. in the Fire Conferenc m. assist marines Mayor discussed the everyone rticipate in the Newport st Commu the OASIS Sean enter a the Speak Up Ne A e graduations. He ann c today at Hoag Hospital. MI. CONSENT CALENDAR 1/1 Marine Foundation Beach Challenge fundraiser to raise ted expenses for their families. Marinecundation fundraiser and related events. 'He encouraged i February 5 e -was te collection event from 8:00 a.m. to 1:00 p.m. at Center and the February 5 Council Priority Goal Setting Session at :30 a.m. He reported that he also attended the Sister Cities dinner, nt, the launch party for Restaurant Week, and multiple D. RE that his newest granddaughter, Reagan Victoria, was born a week ago B. ORDINANCES FOR ADOPTION 3. CITYWIDE SPEED LIMIT ORDINANCE - SECOND READING. (100 -20111 a) Conduct second. reading and adopt 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 b) direct staff to replace /modify all speed limit signs requiring changes to reflect new speed limits., Volume 60 - Page 24 City of Newport Beach City Council Minutes January 25, 2011 5. NEWPORT BUSINESS PLAZA (PA2008 -164) - 4699 JAMBOREE ROAD AND 5190 CAMPUS DRIVE - GENERAL PLAN AMENDMENT NO. GP2008 -007 - PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2009 -001 - TENTATIVE PARCEL MAP NO. NP2010- 006 (COUNTY TMPM NO. 2010 -101). [100 -2011] a) Conduct second reading and adopt Ordinance No. 2011 -3 approving Planned Community Development Plan Amendment No. PD2009 -001 to amend the Koll Center Newport Planned Community text. 6. AMENDMENT OF THE NEWPORT BEACH MUN PAL CODE, TITLE 9 - FIRE CODE. [100 -2011] Conduct second readi and adopt Ordinance No. . 2011 -4 amending the Newport Beach Municipal e Title 9, Chapter 9.04 (Fire Code), by amending Section 9.04.040, Section 050, Section 9.04.060, Section 9.04.070, and Section 9.04.0120. 7. ADOPTION OF AMENDMENTS T 'HE 2010 C ORNIA BUILDING CODES AND NEWPORT BEACH NICIPAL CODE, ADOPTION OF THE 2009 INTERNATIONAL OPEfY MAINTENA - CODE AND 2009 UNIFORM SWIMMING OL A'ND HOT TUB COD I00 -2011] a) Conduct second readin and ado G` g p (finance No. 2011 -5 relatin o adoption of amendments to the 2010 California ng Codes and Newport Municipal Code, and adoption of the 2. 9 Internation t> roperty Maintenance Code and 2009 Uniform Swimming Po Hut Tub Co and b) adopt Resolution No. 2011 -9 setting forth findings for a ed amend ts. C. ORDINANCE FOR INTROD UC N 8. PUBLIC TIME LIM S RULE RDINANCE RELATING TO AMEN G E TIME LI AND RULES FOR THE CITY S PUBLIC PIE [100- 111 Introdu Ordinance No. 2011 -6 amending Newport Beach Mu Cod ,, ection 17.01.0 Section 17.25.010, and Section 11.20.060 which amends t its and rule for the City's public piers, including the added ion end e' and pass to second reading on February 8, . D. ESOLUTZONSR T � ION BUCK G Y RE *ORATION PROJECT - CONTRACT NO. 3780 - ADOPTION OF THE :MITIGATED NEGATIVE DECLARATION (MND). 381100 -201 Adopt Resolution No. 2011 -12 approving the Buck Gully toration roject Mitigated Negative Declaration (MND) and the Mitigation Mo ring and Reporting Program (MMRP) on the basis of the entire envir tal review record. 10. RESOLUTION MODIFYING THE PAYING AND REPORTING OF THE VALUE OF THE EMPLOYER PAID MEMBER CONTRIBUTION FOR PART -TIME EMPLOYEES AND CITY COUNCIL MEMBERS. [100 -2011] Adopt Resolution No. 2011 -13 to modify the paying and reporting of the value of the Employer Paid Member Contribution to the California Public Employees Retirement System (PERS) for Part -time. Employees and City Council Members. E. CONTRACTS AND AGREEMENTS 12 DREDGING REGIONAL GENERAL PERMIT RENEWAL AND SEDIMENT Volume 60 - Page 25 City of Newport Beach City Council Minutes January 25, 2011 Im TESTING - APPROVAL OF PROFESSIONAL. SERVICES AGREEMENT WITH NEWFIELDS (C- 41713). [381100 -20111 Approve a Professional Services Agreement with NewFields for sediment analytical services for the renewal of the City's RGP -54 at a contract price of $112,500, and authorize the Mayor and City Clerk to execute the agreement. 13. PURCHASE OF 2011 JUNIOR LIFEGUARD PROGRAM UNIFORMS. [100- 20111 Award the 2011 City of Newport Beach Junior Lifeguard Program uniform purchase to Quiksilver, for the total cost of $138,000, plus tax. 14. GRANT OF EASEMENT AND JOINT USE MAI NANCE AGREEMENT - 2700 WEST COAST HIGHWAY (C- 4715). [38/ -20111 Approve the Grant of Easement and Joint Use Maintenance Agreem ween the City and Mariners Mile Company (Ned McCune, Grantor and ral er). F. MISCELLANEOUS 16. PLANNING COMMISSION 20111 Receive and file written 19. PAPER REDUCTION PI 20111 Receive and file. the Consent Calendar, except for the The motion carried by the following roll call Ayes:. Council Member Council Member, 1. addition to the e 2 of the mn v -j 1, waive re g of - I- PAD/TABLET 2, 4, 11, 17, 18 and 20) 2011. [I00- [100 -. to approve ky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Daigle REGULAR MEETING OF JANUARY Ldm Nded rovided to Council, Council Member Hill requested that be to read, "...believed that more pedestrian pods are [ember Curry, seconded by Council Member Rosanskv to minutes, approve as amended, and order fled. The motion ca y the following roll call vote: Ayes: Council ember Hill, Council Member Rosansky, Mayor Pro Tem. Gardner, Mayor Henn; Council Member Selich, Council Member Curry, Council Member Daigle 2.- READING OF ORDINANCES AND RESOLUTIONS. Jim Mosher reminded Council that the City, in accordance with Charter Section 412, .is required to read at least the titles of each ordinance and resolution before adoption. City Attorney Hunt responded. similar to his response in October 2010 that this is a convention utilized as part of the City's culture and that it does not result in any failure to report or provide information to the public. All of the City's agendas, agenda items, Volume 60 - Page 26 City of Newport Beach City Council Minutes January 25, 2011 ordinances and resolutions are posted on the internet. The nuance exists that Council has the power to control its own agenda and, in his opinion, the Council need not take action contrary to its current practice to fulfill its obligation. Motion by Council Member Selich, seconded by Council Member Rosansky to waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Henn, Council Member Selich, Council Member Cu 4. SECOND READING AND ADOPTION OF O TO A MUNICIPAL CODE AMENDMENT TO FOR CERTAIN ESTABLISHMENTS 20, FOR ON-SITE CONSUMPTION IN ENTERTAINMENT, AND /OR DANCE Milo, speaking as a musician, believed blame the musicians and certain ethnic explained that there is an appeal right throe Motion by Co ,ember Hi by Council M Selich, Cot Mayor Pro rry vine GREASE DEVICE PI OVERFLOW Tem. Gardner, Mayor Member Daigle 2011 -2 PERTAINING PER'ATOR LICENSE IOLIC BEVERAGES LATE HOURS, [100 -20 oposed ordinance would i for crowd disruption. City Manager. police to )r Henn was also nosed to the ordinance but would not focus on musicians and ided by Council Member Rosansky to a) ' ice No. 2011 -2 amending the Newport Beach x 5.25 establishing the requirement for an No. 2011 -11 establishing the fee for filing an on an Operator License. vote: Member Rosansky, Mayor Henn, Council Member Member Daigle RVICES AGREEMENT WITH JON C. KINLEY DBA COMPLIANCE INSPECTION SERVICES (ECIS) FOR DEVICE INSPECTION PROGRAM, GREASE CONTROL IEW AND SERVICES, AND POST SANITARY SEWER "IONS. [381100 -20111 In response to Council questions, City Manager Kiff stated that in the past, the City has not charged for this type of inspection because the City believes that the inspections are essential to keeping the bay and ocean free from sewer spills. He also stated that, if a restaurant has a tank that was less than 750 gallons, the facility would be subject to more frequent maintenance depending on the type. of food provided by the establishment. No establishment is required to go back and reinstall a larger receptor. However, new improvements would require compliance with the 750 gallon tank requirement. Motion by Council Member Curry: seconded by Council Member Rosanskv -to Volume 60 - Page 27 City of Newport Beach City Council Minutes January 25, 2011 15. approve an agreement with ECIS for grease control device inspection program, plan review services and post sanitary sewer overflow inspection services for one year with an option of two one -year extensions, and authorize the Mayor and City Clerk to execute the agreement. 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, Cou4cil Member Daigle CORONA DEL MAR WATER TRANSMISSION N - PROFESSIONAL SERVICES AGREEMENT FOR CONTRACT NO. 460 381100-YOIIJ Dick Nichols stated that he was not clear whether main. He also asked what it was supp4eCit the City needed a 30 -inch main going t the City has a Water Main Master Pla water rate revenue to continue upgradidepending on the age of the main, an Plan. Council Member Daigle added tmain since it comes from the Big Canyo I bv& ouncil Member Selich to approve AMA. tof Santa Ana, for design and fee of $2,617, and authorize the Mayor r Rosansky, Mayor Pro Tom Gardner, Mayor Member Curry, Council Member Daigle TO COVER SPECIALTY LITIGATION 1 LITIGATION. [100 -20111 I e q Toned the Specialty Litigation Costs, indicating that footnote of City Attorney is prepared and capable of handling thi, d to so. She wondered whether it might be more cost effective ers with outside counsel. City Manager Kiff responded that he er Daigle was referring to the Morn v. City of Newport Beach mattes fied the amount of money he anticipated it would cost the City tc d it actually be filed and pursued. Council Member Curry statee to the City Attorney to determine whether a matter should be handW d to outside counsel because the City has a good track record it with these types of issues. Council Member Selich indicated that he appreciated that this matter was before the Council now rather than after monies have been spent. Denys Oberman asked why the City decided to enter into a 25 -year agreement with s business owner who has refused to comply and who apparently disrespects this community and this business owner was not required to apply for a use permit in a manner required o: other similar business owners. City Attorney Hunt responded that this is a very complei issue that was addressed in the context of the Morningside Zoning Agreement for whicl many public hearings were held and that matter is not the subject of the matter at hand. Volume 60 - Page 28 City of Newport Beach City Council Minutes January 25, 2011 He believed that the speaker's questions go beyond the scope of the published agenda. The Council deliberated the matter and determined that this project brings value to the City that renders this matter worth pursuing and this item simply addresses the cost of that matter, should it be filed and prosecuted. Mayor Henn stated that it is germane to the City's obligation to defend the matter and City Attorney Hunt agreed. Dick Nichols stated that this item is about group homes and that the business is supposed to have a license to operate these types of homes. Mayor Henn pointed out that this item is about a budget amendment. A Jim Mosher stated that he could not understand Xam is being requested. City Manag er Kiff stated that the $262,000 is intended budget for the balance of the year. The other amount is what he forecastence of the year that was available from other budget accounts. The net budg $262,000. Lori Morris believed that Mr. Nichol's questio as valid. City A ney Hunt explained that this request is for monies for out -of -po t erbeys'pent es the City w likely incur as a result of multiple litigations during the blance of ar. It highlight ere the money has been spent to date and what he antisY #ates for the balan f the next six months. There is a possibility that a small ion of that amount may be tilized should the City be sued by Morningside Recover and ther, in that event, the City Council will decide to utilize in -house couns r seek outside - unsel. He emphasized that he wanted the Council to see what the anti expense wo a for the balance of the year. This item is not about Morningside co v d this ag a item is not specifically about group homes, but discusses the ex .nses fo 'de coon and the need to augment the City's budget to cover those expense Motion by Coun^ember Seli conded by ouncil Member Rosansky to approve Budge end ent No. 11B 28 to transfer $262,900 from reserves to budget line item 054 8657 i order to cove the cost of Group Homes litigation and other specialty litigat1 ye date and throu the balance of the year. The ied e followgr vote: es: Council M er Council Member Rosansky, Mayor Pro Tom Gardner, Mayor Henn, Coun embe elich, Council Member Curry, Council Member Daigle 18. EW OF OF CE OF THE CITY ATTORNEY MISSION, GOALS AND ST ARDS. [10 O111 Jim Mos believe that the Office of the City Attorney needs to improve its interface with the pu H ged Council to scrutinize this office more carefully. Motion by Co cil Member Selich, seconded by Council Member Rosansky to receive and file. 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 20. PROPOSED AMENDMENTS TO COUNCIL POLICY F -14 AND PURCHASING POLICY F -5. [100 -20111 City Manager. Kiff presented amended language relative to reporting out contract Volume 60 - Page 29 City of Newport Beach City Council Minutes January 25, 2011 information to Council. Jim Mosher questioned Council's desire to delegate contracting authority to certain staff members and asked whether the Brown Act would be subverted. He requested that typos be corrected. City Attorney Hunt stated that there is no issue with respect to the Brown Act since the provision states that it is a notification and it is not polling the Council. He added that, if any Council Member wishes to have an issue brought to them regarding an emergency contract, that one Council Member can take that action. 1A In response to Mayor Pro Tem Gardner's questions, City t`torney Hunt explained that "Department Director" is clear within the organization a he Municipal Code needs to be updated because the City is currently reorganizing. e ed that staff is comfortable that Department Director titles meet the City's n e for the term. He indicated that he was not familiar with any conflict between F nd F -14 and t the City Clerk's Office maintains contracts. Motion by Council Member Currv.AdcondeAv Council Mem . Rosanskv to adopt Resolution No. 2011 -15 amending�,� Policies F -14 (Authorit 1 Contract for Services) and F -5 (Purchasing Authority for ds and Materials). The motion carried by the followkAg roll call vote: k, Ayes: Council Member Hill, I Henn, Council Member KLV nor Pro Tem Gardner, Mayor Council Member Daigle - None XV. CURRENT BUSINESS' 21. MESA CON IDAT D WATER DI RICT TELECOMMUNICATIONS FACILITY PERMIT (PA20 4 RIDGELI DRIVE - TELECOM PERMIT NO. 2010 -005 RE OR LE MMUNICATIONS FACILITY PERMIT TO I ER ORY CO L AND DATA ACQUISITION SYSTEM. [100- 1] cting Planning D ctor C ' bell provided the staff report. Council Member Curry tained from parti ating in his decision because, although he lives outside of the 500 foo tification radi , he can see the facility. Motion Counci Member Rosansky, seconded by Council Member Selich to a) review the Vb n, pursuant to. Section 15.70.070(F) of the Newport Beach Municipal Code; and Resolution No. 2 011 -16 approving Telecommunications Permit No. 2010 -005 he findings and conditions of approval. 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 Daigle Abstain: Council Member Curry Without objection, it was the consensus of Council to consider Item 28. prior to discussing Item 22. Volume 60 - Page 30 City of Newport Beach City Council Minutes January 25, 2011 23. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING SECTIONS 6.04.070 AND 6.040.240 OF TITLE 6 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO COLLECTION OF GARBAGE AND RECYCLABLES AND PENALTIES FOR VIOLATIONS OF CHAPTER 6.04. [100- 20111 Police Lieutenant Martin thanked staff for their help in drafting the proposed ordinance and provided the staff report. Mayor Pro Tern Gardner asked who should be called w/viol ns are witnessed and Lt. Martin responded that either Code Enforcement or thpartment. However, his department prefers to respond to more significant viouse higher priority calls might be delayed. Lt. Martin respond at the usual yimesv. a early g and early afternoon, but it can occur at any Motionbv until ember Rosseconded by Mavor Henn to introduce Pro Tern G V ner p d out that the offenders seem to know the trash pickup C Koller thanke Chief Johnson and the Police Department for their responses and prop these char s because she believed it would make a difference on the Peninsula since th are daily iccurrences in her area. Dan Persol Council for considering this new ordinance. Lori Morris thanked Chief Johnson and the officers who respond quickly when called. She believed that the new ordinance will greatly deter the offenders. 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 22.. LIDO VILLAGE CONCEPTUAL PLAN. [100 -20111 Acting Planning Director Campbell provided the staff report and recommended that if Volume 60 - Page 31 City of Newport Beach City Council Minutes January 25, 2011 appropriate, the City Council approve Alternative 5B. Tim Collins, TC Collins and Associates, announced that tonight's presentation materials will be uploaded to the City's website. He indicated that this presentation would conclude hi company's contract obligations with respect to this project, but that his firm would be available for further input should the Council so determine. Mr. Collins presented an overview of the conceptual plan as he moved through the PowerPoint presentation that included additional information and conclusions set forth by Council during the January 11 Study Session. Todd Larner, William Hezmalhalch Architects, spoke about the architectural structure of the plan as it would best function within the footpr' t, and how it would best capture the synergy of the surrounding uses and merge mdoor /outdoor lifestyle of Newport Beach for the current and long term future uses. City Manager Kiff discussed the City's community ce s heir programs and how the proposed facility would enhance those pro S. He her outlined staffs recommendation. Mayor Pro Tem Gardner recalled th the C cil t "reached full agreement on the retail aspect of th nd asked fo r discussion n that subject this evening. She stated that she co erned beca is ere had been some very thoughtful public input that was in c ct wit arlier discuss s. Council Member I that she has concerns about whether the City would be forth ted reap retail. In addition, she confirmed that the d' sion a ous type wool' a further study because no decision had been Nthe ember stated t, although building the community center would take the profi bility of a site, he believed that this is a good opportunity for a y center. added that, if the City could achieve the community center with capital t and, produce a revenue stream to pay for the ongoing operations ould b the perfect solution. He expressed support for including the gym, he uld draw individuals to the retail areas, and the gym would offer a ma opportunity. He noted that, if the City closed the 15th Street y cen r, it could be leased and that location could be used for assisted living housing, and the the money could be pledged into COPs which may be able to fund the capital costs to build the center. He suggested keeping Finley Avenue as joint use and believed that the canal would be costly to construct and maintain. He emphasized that the area needs to remain a space for people. He expressed opposition to building the sky bridge since it would take people away from the retail environment; however, the sky bridge path should be the path for the public. He requested that the loading area be fully screened with an articulated concrete wall on the east side. Mayor Henn indicated that he agreed with the community that Council should move . forward carefully. He emphasized that this, is a concept plan only and this matter will not Volume 60 - Page 32 City of Newport Beach City Council Minutes January 25, 2011 be concluded this evening since Council has many facets to consider before reaching final decisions, like determining how the specific planning for the area proceeds forward with the concept plan as a launching platform, and as Council continues to refine it, more public input is received, and financial analysis is completes. Don Howard, Duda Company, representing the owners of the Via Lido Plaza, expressed support for Alternative 5B. He asked that Council approve the concept this evening with two exceptions: 1) removal of the sky bridge and 2) further discover the opportunities for access on Finley Avenue. Mr. Howard stated that his group strouirly encourages a parking management study that includes taking a close look at th p y boat permitting process and how those permits would impact the parking space av * bility required for the retail operators. Mr. Howard submitted additional letters of s ort from tenants and property owners. Council Member Selich believed that the g area ha en increased and that there were insufficient parking apaces. Mrstated that at ernative 5B would include rooftop parking spaces. a City of Newport Beach City Council Minutes January 25, 2011 supports the destination and urged Council to commit to the anchor uses before City Hall uses were finalized. She also encouraged Council to look at market rate residential uses that would be compatible with surrounding uses, rather than assisted living and affordable housing which would be more suitable for other areas. Willis Longyear stated that he would like Council to consider an open space /central plaza with high quality housing. He believed that the Lido Village seems to have been taken over by recovery homes which has placed a burden on the area. Ayes:- uncil Memb Hill, Council Member Rosansky, Mayor Pro Ter Gardner, Mayor - Council ember Selich, Council Member Curry, Council Member Daigle 24. REQUEST ' VAL FOR ORGANIZATIONAL AND STAFFING CHANGES IN COMMUNI VELOPMENT DEPARTMENT AND CITY MANAGER'S OFFICE. .[100 -2011] City Manager Kiff provided the staff report and requested that Council approve the staffing changes outlined in the staff report. In response to Council questions, City Manager Kiff explained the division of duties, indicated that he is considering contracting out some of the services but has not made a decision about moving forward in that direction at this time, and believed the City has not clearly defined economic development to determine whether this can be handled in- house. Volume 60 - Page 34 City of Newport Beach City Council Minutes January 25, 2011 Council Member Hill congratulated City Manager Kiff on this thought process and direction. He viewed the Deputy Community Development Director position as an ombudsman for business and an overview position that could coordinate fire, traffic, etc. He believed the economic development function should report directly to the Community Development Director. In the essential job duties description, he suggested adding a bullet dedicated to economic development. Council Member Curry congratulated staff on improving the City's operations and said he would like to see a more customer centric focus as a part of these changes. Council Member Daigle felt it was essential to modernize t City's organization and agreed that the Deputy Community Development Directo ould oversee all areas of concern for better integration. Mayor Henn stated that he was pleased to movVEto thi ase of organization and encouraged the inclusion of a strategic IT plan. , NORM Mayor Henn indicated 1hat there has been a lot of work done on the Marina Park project and believed that a meeting of the Marina Park Committee would be held in about a month to update the residents. Craig Morrisette, Central Newport Beach Community Association, stated that the association is disappointed that the Marina Park project was not on the Coastal Commission's January 2011 agenda., He indicated that the association members are ready to help move this item forward and would be willing to attend Coastal Commission meetings in other jurisdictions. Diane Remick, Pacific Ridge, presented a thank you card to Detective Prouty who assisted with the arrest of,individuals who had overtaken a property in her neighborhood. Volume 60 - Page 85 City of Newport Beach City Council Minutes January 25, 2011 Mayor Pro Tem Gardner hoped that Council consider moving Public Comments to an earlier spot on the agenda. XVII. MOTION FOR RECONSIDERATION - None XVIII. ADJOURNMENT -10:22 p.m The agenda for the Regular Meeting was posted on January 19, 2011, at 4:10 p.m, on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting waiposted on January 21, 2011, at 4:44 p.m. on the City Hall Bulletin Board located outs' of the City of Newport Beach Administration Building. City Clerk