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HomeMy WebLinkAbout01 - Minutes 01-10-2012City of Newport Beach City Council Minutes January 10, 2012 Agenda Item No. 1 January 24, 2012 The motion carried by the following roll call vote: Ayes: Council Member Hili, Council Member Rosansky, :Mayor Pro Tem Curry, flavor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle 12. CITIZENS BIC.,YCLE SAFETY COMMITTEE ANNUAL REPORT, COMMITTEE REAUTHORIZATION, AND COMMITTEE MEMBER APPOINTMENTS. !nyor Gardner called for ad hoc committee volunteers, and Council Members Daigle and Selich offered their involvement. Discussion followed regarding the possibility of changing the Citizens Bicycle Safety Committees mission statement. Council Member Daigle addressed pedestrian safety issues, especially relative to enforcement of mciwrisns being prohibited from, using cell phones and texting while driving. Mayor Gardner reported that the Committee receives monthly reports from the Police Department and indicated that the issue can be addressed at an upcoming meeting. Jim Mosher expressed concern with the lack of information regardrnt; how long the City Clerk should advertise the vacancies. City Clerk Brown indicated that. City Council Policy A -2 highlights the procedures for filling unscheduled vacancies. Motion by Mayor Pro Tem Curry, seconded by Council Member Rosanskv to a) review, receive and file the Citizens Bicycle Safety Committee's 2011 report on committee activities; b) reauthorize the Citizens Bicycle Safety Committee and extend its term until January 10, 2013; c) direct the City Clerk to treat the committee positions as unscheduled vacancies, and advertise and invite members of the public to apply to be appointed to the committee; and d) establish an ad hoe appointments committee consisting of Mayor Gardner and Council w1emhers Selich and Daigle to revew committee applications. XVI. PUBLIC COMMENTS Brian Mason provided a handout and expressed concerns regarding the Balboa Yacht Basin rates, and requested that Council revisit the fees. City Manager Dave liiff indicated that staff is looking into the issue. Michael Resk stated that he is the owner of the Corona del Mar chickens. He thanked the Council and the Mayor for reviewing the ordinance and is looking forward to seeing a staff report. John Shalay expressed his concerns about the Balboa Yacht Basin rates. ,Michael O'Connor, a high school student, stated that he is concerned about pedestrian safety at the crosswalk on Irvine and Margaret in front of Newport Harbor High School. Council Member Hill stated that the strident body, the PTA, Public Works, City Manager's Office, City Council, and the Police Department have looked at the situation. He reported that they developed a dozen alternatives and are working on immediate, mid -term, and long -term solutions. Roben Hawkins announced that he is the President of Speak Up Newport (speakupnewport.org). He reported that the Mayor's Dinner will be held on February 3 at 6:00 p.m. at the Marriott on Newport Amended ' Center Drive. He indicated that he has served as a Planning Commissioner since 2004, and discussed issues he has been having related to Council Members, Council appealing Planning Commission decisions, and an appeal he filed with the City. He also announced his resignation from the Planning Commission, effective immediately, and reported that be €lied complaints with the Fair Political Practices Commission (FPPC) against Council Members Hill and Henn. Volume 60 - Page 328 City- of Newport Beach City Council ifinutes January 10. 201.2 Denys Oberman expressed concerns about safety issues around Newport Elementary and the need for traffic and parking management revitalization, especially in the Lido and Balboa Village areas. Council Member Henn reviewed how the City has addressed the issues related to Newport Elementary. Betina Deininger requested. information an how the City is going to monitor the prisoners being released by the State. City Manager Dave Puff stated that he briefed the Council on the impacts of A.B109 and will try to keep the public updated. Peggy Fort invited the community to attend the 6th Annual Newport Beach Restaurant Week from January 20 through January 29. She invited the Mayor and Council to the VIP Laanch Party on January 18 at the Five Crowns Restuarant from 5:00 p.m. to :00 p.m. XVII. ORAL REPORTS FROM CITY COUNCIL: ON COMMITTEE ACTIVITIES Council Member Henn stated that the design guidelines were presented at the Neighborhood Revitalization Committee meeting, announced that there was also a joint meeting between the Neighborhood Revitalization Committee and Balboa Village Citizens Advisory Panel to hear the report from the economic development consultant and parking consultaut. Regarding Mr. Hawkins' statements, he noted than he has recused himself From the proceedings from the Neighborhood Revitalization Committee as it relates to the Lido Marina Villa „e activities. Amended In response to Mr. Aawkins' statennents, Council Member Hill reported that he also has recused himself from the West Newport agenda item that was considered by the Neighborhood Revitalization Committee. XVIII. PUBLIC HEARING 13. LIDO VILLAG} DESIGN GUIDELINES. PA2011 -148. Council Member Henn recused himself and left the dais Tim Collins, WHA, stated that planning started sixteen (16) months ago and provided a PowerPoint presentation that addressed the project overview, background including extensive public outreacblcomments, purpose of the design guidelines, and cornerstones. Todd Larner, \\cHA, discussed the projects' format and content, design areas including location and snuirg, unique traits, and objectives of the design guidelines. He addressed an overview of each area, and architectural styles including coastal, mediterranean, and landscape. Tim Collins addressed implementation strategies, stated that he believed that it is appropriate for Council to give staff direction to provide i,he specks needed for an implementation program. and suggested an incentive aspect to induce property ownersitenants to make improvements. He highlighted the next steps and thanked CAP members, staff, property /shop owners, and Council Members. Council Member Hill re- emphasized the "team” aspect in developing the guidelines, thanked all participants, encouraged staff to return with a more detailed implementation program, noted. that this is a high - priority process, and stressed the importance of having a specific landscaping design in the right -of -way. He believed that it is time to update the 1%9aster Plan an d provide Council with a final commitment as to what will be happening on the City Hall site. Volume 60 - Page 329 Agenda Item No. January 24, 2012 City Council Minutes City Council Regular Meeting January 10, 2012 — 7:00 p.m. I. STUDY SESSION - Cancelled II. ROLL CALL - 2:30 p.m Present: Council Member Hill, Mayor Pro Tern Curry, Mayor Gardner, `Council Member Selich, Council Member Henn Excused: Council Member Rosansky, Council Member Daigle Council Member Rosansky arried at 2:33 p.n-L and Council Member Daigle arrived at 2:45 P.m. III. PUBLIC COMMENTS REGARDING CLOSED SESSION,_ Jim Mosher took issue with the labor negotiations Closed Session: item and questioned why the John Wayne Airport (JWA) Settlement Agreement iss`ueas not on the Closed Session agenda. Mayor Pro Tem Curry reported that previous Councils agreed -to pay' the employees' portion of its pension; the current City Council negotiated with the bargaining, units to pay 3.5 %; and Item 8 is the interim agreement with some of the safety employees -to voluntarily continue to pay their portion until a final agreement is reached. The City Council adjourned to Closed Session at 2:36 p.m. IV. CLOSED SESSION _ A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): Three matters: 1. Frizzell, et at o. `.City of Newport Beach Orange County Superior Court Case No. 30-201100472517 2. Morningside Recovery, LLC, Petitioner /Cross- Defendant u. City of Newport Beach, et. al, Respondent/Cross- Complainant Orange County Superior Court Case No. 30-201100505900 3. MORN v City of Newport Beach, et at Orange County Superior Court Case INTO. 30-201100447004 B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Heading Agency Designated Representatives: Dave 1 {iff, City Manager; Dana Smith, Assistant City Manager; Terri Cassidy, Human Resources Director; and Richard Kreisler, Special Counsel and Negotiator Volume 60 - Page 323 City of Newport Beach City Council Minutes January 10, 2012 Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (I\'BFA); Police Management Association (PMA); Police Employees' Association (PEA); City Employees Association (NBCEA); Newport Beach Professional & Technical Employees Association (\BPTEA); Newport Beach Employees League (NBEL); and Newport Beach Part -Time Unit (UPEC, Local 777) V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member .Hill, Council Member Rosansky,,JvIayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle VIII. CLOSED SESSION REPORT City Attorney Harp reported that there was no Closed Session report. Di. PLEDGE OF ALLEGIANCE - Council'Member Daigle, r X. INVOCATION - Mr. Frank Carpenter XI. PRESENTATIONS Presentation of a Heroic Act Award to Alex Davis - Acfing,Fire Chief Restadius, Assistant Chief /Lifeguard Operations Williams, Lifeguard Battalion Chief Jacobsen, and Lifeguard Captain Halphine reported on the reasons Alex Davis was- deserving of the Heroic Act Award and presented the award to him. Mayor Gardner presented him-Mith a proclamation.. Proclamation to Stephan McMillen for becoming the 2011 Junior Lifeguard of the Year - Acting Fire Chief -Restadius,:Assistant Chief/Lifeguard Operations Williams, Lifeguard Battalion Chief Jacobsen; acid Lifeguard, Captain Halpbine•'reported on the reasons Stephen McMillen was deserving of becoming the 2011 Junior Lifeguard of the Year and presented a $200 schlolarship check,fr6m the California Siu -f Life S' ping Association to him. Mayor Gardner presented him with a proclamation. XII. NOTICE TO THE PUBLIC XIII. Council Member Rosansky discussed the recent marijuana clinic closure. He requested that a staff report be brought back to Council by the City Attorney's Office showing what enforcement remedies the City currently has and what it can act on in the future. Mayor Pro Tern Curry reported that a new restaurant, Pita Jungle, opened at Bison and MacArthur in the old Blockbuster space. He announced that he is the Chairman for the Orange County Parks Commission and that the County is going to be developing a new County Regional Park at the old Tustin Marine Base. He said it will be a great recreational and cultural resource for Newport Beach to enjoy. Council Member Daigle announced that every Saturday, the Newport Bay Naturalist and Volume 60 - Page 324 City of Newport Beach City Council Minutes January 10, 2012 Friends conduct a tour at 9:00 a.m. They meet at Eastbluff and Back Bay Drive at a location called Vista Point. Council Member Henn announced that he attended the Fire Department's badge pinning ceremony and the Police Department promotional ceremony. He reported that the Neighborhood Revitalization Committee will meet on January 12 at 4:00 p.m in the Council Chambers, the Balboa Village Citizens Advisory Panel (CAP) will meet on January 17 at 4:00 p.m. at the ExplorOcean Nautical Museiun, and the Tidelands Committee will meet on January 18 at 4:00 -p.m at the OASIS Senior Center. Mayor Gardner reported that the Annual Priority Setting meeting will be held on Monday, January 23 at 6:00 p.m in Friends Room at the Central Library. She announced that a free workshop for local businesses will be conducted by OPIS Network on Saturday; ,January 21, from 8:30 a.m. to noon, at the OASIS Senior Center. Reservations can be made by'visiting www.help100days.com or calling (949) 495 -6162. Mayor Gardner received consensus from Counchlo bring back an ordinance regarding chickens in the City. XIV. CONSENT CALENDAR A. READING OF MINUTES IORDINANCESAND.RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF DECEMBER 13, 2011. Waive reading of subject minutes; - approve as written and order filed. 2. READING OF ORDINANCES-°AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration; and direct the City Clerk to read - _ -- by title only." — ` - -- - - - - - =- -- — ... - -- B. RESOLUTIONS FOR.ADOPTION 5. ADOPT A RESOLUTION -,' FOR STREET SWEEPING PARKING RESTRICTIONS ON BAYVIEW WAY FROM JAMBOREE ROAD TO WEST STREETEND. a).Rescind Resolution 2010 -111; and b) adopt Resolution No. 2012 -3 establishing :'NO P,' ik IN.G" restrictions for street sweeping on Bayview Way from Jamboree Road.to the west street end. C. CONTRACTS AND'AGREEMENTS 7. APPROVAL `;OF A •PROFESSIONAL SERVICES AGREEMENT WITH DANIEL B. STEPHENS & ASSOCIATES, INC., (DBS &A) FOR BIG CANYON WATER BALANCE AND APPROVAL OF MOU WITH COUNTY OF ORANGE FOR FUNDING. a) Authorize the Mayor and City Clerk to enter into an agreement with the County of Orange (County) to provide $100,000 to fund a water balance study for the Big Canyon Watershed. Further, authorize the Public Works Director or designee to represent the City for all matters pertaining to this agreement; b) approve Budget Amendment No. 12BA -021 recognizing a contribution of $100,000 from the County of Orange and appropriating $100,000 to Account No. 7255- C5002004; and c) approve a Professional Services Agreement with DBS &A of Newport Beach, California, at a cost not to exceed $100,000 and authorize the Mayor and City Clerk to execute the Agreement after the funding resolution with the County has been fully approved and the City receives an executed copy. D. MISCELLANEOUS Volume 60 - Page 325 City of Newport Beach City Council Minutes January 10, 2012 9. NOMINATIONS TO FILL THE UNSCHEDULED VACANCY ON THE SPECIAL EVENTS ADVISORY COMMITTEE. Confirm the nominations of Paul Blank and Jack Marlo by the Ad Hoc Appointments Committee to fill the unscheduled vacancy on the Special Events Advisory Committee. 10. PURCHASE AUTHORIZATION AND BUDGET AMENDMENT FOR THE PURCHASE OF THREE LIFEGUARD VEHICLES. a) Approve the purchase of three Lifeguard vehicles for the Department; and b) approve Budget Amendment No. 12BA -025 in,the amount of $90,000 to fund the purchase. 11. STREET TREE DESIGNATION - FOURTH AVENUE IN CORONA DEL MAR. Municipal Operations staff recommends that.the City Council consider the recommendation from the Parks, Beaches, and Recreation (PB &R) Commission, and approve a change in Street Tree Designation for Fourth Avenue (CdM), from the current designation of the Hong Kong Orcb d`to the 'homeowner's choice of three different tree species: Gold Medallion, Dwarf Southern Magnolia, and the African Tulip. Motion by Mayor Pro Tem Curry, seconded by. Council Member Rosanskv. to approve the Consent Calendar, except for the items removed (3, 4 „6, 8 &'12). The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member -Henn, Council Member Daigle XV. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. CITY COUNCIL'S REGULAR MEETING CALENDAR. FOR 2012. Jim Mosher noted'that the City Charter requires the Council to hold two meetings every month with no Option to waive that requirement and can only be changed by presenting the item to voters. He.also addressed results,of violating the City Charter and recommended amending the resolut.ion:to,:udd the second meetings in August and December back into the Regular -Meeting Calendar. City Attorney Harp reported`that holding a second meeting in August and December when there is a lack of legislative business results in inefficient business practices. Further, the Supreme Court has held that there is no requirement to conduct a futile act. If there is no business to be condiicted, that would be a futile act and the Supreme Court has acknowledged those types of actions are not needed. Motion by Mayor Pro Tem Curry, seconded by Council Member Rosansky to adopt Resolution No. 2012 j relating to the City Council's 2012 meeting calendar, as amended. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle 4. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2012 UNDER THE CITY'S CONFLICT OF INTEREST CODE. Jim Mosher believed that clarification was needed regarding reporting requirements for employees. City Attorney Harp explained that what is being adopted are the same provisions included in the Government Code and relate to real property interests within the Volume 60 - Page 326 City of Newport Beach City Council Minutes January 10, 2012 City of Newport Beach. Motion by Council Member Rosansky, seconded by Council Member Selich to adopt Resolution No. 2012 -2 adopting the 2012 Designated Employees List. . The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle 6. RHINE CHANNEL SEDIMENT CLEANUP PROJECT 2 COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4555; AND CONSIDERATION OF SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, L.P. FOR ADDITIONAL CONSTRUCTION - 1VIANAGEMFNT TASKS AND NECESSARY POST - DREDGE SEDIMENT SAMPLING AND, ANALYSIS. City.Manager Kiff reported that an anchor found.in the Rhine Channel during the dredging and staff is considering using it along with a plaque to memorialize `th'e,project. It was the consensus of Council to move forward with the'commeniorative plaque. Council Member Daigle indicated she was'impressed with the enhanced-,,water quality monitoring. - accept the completed work and auihorve -the City CIe authorize the City Clerk to release the Labtir and Mat Completion has been recorded.in acceptance with app the Faithful Performance Bond one -year after Council Amendment to the Professional Services Agreement unforeseen construction management 'cost "s, as well required post- dredge confirmation sediment sampling. The motion carried by the following roll call vote: I by Mayor Pro Tern Curry to a) rlc to file of Notice of Completion; b) arials bond 35 days after the Notice of licable portions of the code; c) release ,acceptance; and d) approve the Sixth with Anchor QEA, LP for additional as for a new scope of .services for Ayes:.Coiii d Member Hill, Council. Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,' Council Member Selich, Council Member Henn, Council Member Daigle. 8. AMENDMENTS TO_ . THE MEMORANDA OF UNDERSTANDING WITH CERTAIN SAFETY UNITS. Jim Mosher reported the old agreements relative to this item lapsed on December 31, 2011, and believed that this is an example of the kind of business the City can conduct during the second meeting in December. He also addressed the 9% employee contribution. City Manager K'ff noted that the item needs to be seen in the context of the Memoranda of Understanding and that this is a part of the negotiation process. He commended the Safety Units for agreeing to continue the contributions when they did not have to. Motion by Council Member Rosansky, seconded by Council Member Henn to approve Amendments to the Memoranda of Understanding between the City of Newport Beach and the Police Association (PA), Police Management Association (PMA), and Fire Management Association (FMA) to extend the employee retirement contribution until successor Memoranda of Understanding are adopted (in the case of PA and PMA, or until February 29, 2012, whichever occurs first). Volume 60 - Page 327 City of Newport Beach City Council Minutes January 10, 2012 The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle 12. CITIZENS BICYCLE SAFETY COMMITTEE ANNUAL REPORT, COMMITTEE REAUTHORIZATION, AND COMMITTEE MEMBER APPOINTMENTS. Mayor Gardner called for ad hoc committee volunteers, and Council Members Daigle and Selich offered their involvement. Discussion followed regarding the possibility of changing the Citizens Bicycle Safety Committee's mission statement. Council Member Daigle addressed pedestrian safety issues, especially relative to _ enforcement of motorists being prohibited from using cell phones and texting while driving. Mayor Gardner reported that the Committee receives' "monthly reports from the Police Department and indicated that the issue can be addressed at an upcoming meeting. Jim Mosher expressed concern with the lack of information regarding,how long the City Clerk should advertise the vacancies. City Clerk Brown indicated that ,City Council Policy A -2 highlights the procedures for filling unsheduled''vacancies. Motion by Mayor Pro Tern Curry, seconded by Council Member Rosanskv to a) review, receive and file the Citizens Bicycle Safety, Committee's 2011 report on committee activities; b) reauthorize the Citizens Bicycle Safety, Committee and extend its term until January 10, 2013; c) direct the City, Clerk,to treat the`committee positions as unscheduled vacancies, and advertise and invite'memhei -of the public to apply to be appointed to the committee; and d) establish an ad hoe�appointments committee consisting of Mayor Gardner and Council Members Selich and Daigle to review committee applications. XVI. PUBLIC COMMENTS Brian Mason provided a handout and expressed concerns regarding the Balboa Yacht Basin rates, and requested that Council revisit_ the fees. City Manager Dave Kiff indicated that staff is looking into the issue. Michael Resk stated that Yip is th6�owner of the Corona del Mar chickens. He thanked the Council and the -Mayor for reviewing the ordinance and is looking forward to seeing a staff report. John Shalay expressed his concerns about,the Balboa Yacht Basin rates. Michael O'Connor, a high school student, stated that he is concerned about pedestrian safety at the crosswalk on Irvine and Margaret in front of Newport Harbor High School. Council Member Hill stated, that the student body, the PTA, Public Works, City Manager's Office, City Council, and the Police Department have looked at the situation. He reported that they developed a dozen alternatives and are working on immediate, mid -term, and long -term solutions. Robert Hawkins announced that he is the President of Speak Up Newport (speakupnewport.org). He reported that the Mayor's Dinner will be held on February 3 at 6:00 p.m. at the Marriott on Newport Center Drive. He discussed issues he has been having related to Council Members, Council appealing Planning Commission decisions, and an appeal he filed with the City. He also announced his resignation from the Planning Commission, effective immediately, and reported that he filed complaints with the Fair Political Practices Commission (FPPC) against Council Members Hill and Henn. Volume 60 Page 328 City of Newport Beach City Council Minutes January 10,2012 Denys Oberman expressed concerns about safety issues around Newport Elementary and the need for traffic and parking management revitalization, especially in the Lido and Balboa Village areas. Council Member Henn reviewed how the City has addressed the issues related to Newport Elementary. Betina Deininger requested information on how the City is going to monitor the prisoners being released by the State. City Manager Dave Kiff stated that he briefed the Council on the impacts of AB109 and will try to keep the public updated. Peggy Fort invited the community to attend the 6th Annual Newport Beach. Restaurant Week from January 20 through January 29. She invited the Mayor and Council to' the VIP Launch Party on January 18 at the Five Crowns Restuarant from 5:00 p.m. to 7:00 p.m.:' XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTE&ACTIVITIES Council Member Henn stated that the design guidelines'. were presented at the Neighborhood Revitalization Committee meeting, announced that there" was also a joint meeting between the Neighborhood Revitalization Committee and Balboa Village.. Citizens Advisory Panel to hear the report from the economic development consultant and parking consultant. Regarding Mr. Hawkin's statements, he noted that he has recused himself from ahe proceedings from the Neighborhood Revitalization Committee as it relates to the Lido Ma iink'Village activities. In response to Mr. Hawkins' statements, Council Member_ Hill reported that he also has recused himself from the West Newport agenda item that was considered by the Neighborhood Revitalization Committee. XVIII. PUBLIC HEARING 13. LIDO VILLAGE DESIGN GUIDELINES, PA2011 -148. ,� 1. 1 Council Member Henn recused hirnself and left the dais Tim Collins, WHA, stated that- planning started sixteen (16) months ago and provided a PowerPoigt presentation that addre.ised -the project overview, background including extensive public outreach/comments, purpose of the design guidelines, and cornerstones. l Todd Larner, WHA; discussed the projects' format and content, design areas including location and setting, unique traits, and objectives of the design guidelines. He addressed an overview of each area, and architectural styles including coastal, mediterranean, and landscape. Tim Collins addressed implementation strategies, stated that he believed that it is appropriate for- Council to give staff direction to provide the specifics needed for an implementation \program, and suggested an incentive aspect to induce property owners /tenants to make improvements. He highlighted the next steps and thanked CAP members, staff, property /shop owners, and Council Members. Council Member Hill re- emphasized the "team' aspect in developing the guidelines, thanked all participants, encouraged staff to return with a more detailed implementation program, noted that this is a high - priority process, and stressed the importance of having a specific landscaping design in the right -of -way. He believed that it is time to update the Master Plan and provide Council with a final commitment as to what will be happening on the City Hall site. Volume 60 - Page 329 City of Newport Beach City Council Minutes January 10, 2012 In response to Council Member Daigle's questions, City Attorney Harp noted that at this time, Council will only consider guidelines.. Community Development Director Brandt explained that design guidelines look at the physical environment within Lido Village; however, consultants were hired to evaluate Balboa Village, Lido Village, and the Mariner's Mile areas to make observations and report on what is happening in those areas in hopes of developing strategies to improve the economy. City Manager Kiff stated that the project will be further discussed during an upcoming planning session meeting scheduled for Monday, January 23rd. Mayor Pro Tem Curry commended everyone involved in the.'process and stressed the importance of the design guidelines not impeding services at the- churches in the area. In response to Mayor Gardner's question, Community Services Director Brandt requested that Council direct staff to return with a more detailed implementation plan and added that incentive efforts are not limited to the revitalization area. Mayor Gardner opened the public hearing! Denys Oberman , expressed appreciations,, to the' guideline development participants, expressed support for the item, and addressed the needs for design and landscape continuity between Lido Village and Balboa Village. Robert Hawkins noted that Council, Member Heru's-name appears in the Special Thanks section of the presentation, stating that he has participated in.this process from the very beginning. He urged Council not to take "action in light ofthe complaints filed with the Fair Political Practices Commission (FPPG), indicated -that no one'has studied the traffic impacts of landscaping the right -of -way, and suggested tiliat eri ironmental work be conducted before proceeding. City Attorney Harp stated that Council Member Henn recused himself from proceedings and advised Council that they; can take action on this item. Jim Mosher, addressed `fund- allocations for the production of the design guidelines and requested assurances that the stakeholders have contributed their part. He expressed concerns regarding,, conflict issues and indicated that the implementation part of the guidelines were discussed briefly during the CAP meetings. Community Services Director Brandt reported that there are no written agreements with the property owners identified in a previous staff report but staff has been in contact with representatives of theentities regarding payment of the obligation. She reported that staff can return'with an update at a subsequent Council meeting and reported that funds have been set aside;for the contract. Garrett Hartley „Lodge Trustee for the Newport Elks, addressed a promenade planned for the front of the property. Community Services Director Brandt stated that nothing has been formally adopted and the plans are still conceptual. She added that staff is looking at alternatives that will be discussed at the upcoming planning session. In response to Mr. Hartley's question, she noted that the City does not have the right to place a promenade in front of the Newport Elks property. Hearing no further testimony, Mayor Gardner closed the public hearing. Motion by Council Member Hill, seconded by Council Member Selich to a) adopt Resolution No. 2012 -4 approving the Lido Village Design guidelines; and b) provide direction Volume 60 - Page 330 City of Newport Beach City Council Minutes January 10, 2012 to staff on the preparation of a future incentive program outlined in Chapter 5 of the guidelines. An incentive program with a budget allocation will be brought back to the City Council at a future meeting. The motion carried by the following ioll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Daigle XIX. CURRENT BUSINESS 14. WEST NEWPORT LANDSCAPE REVITALIZATION PROJECT. Council Member Hill and Council Member Rosansky recused themselves and left the dais. Dennis Stone provided a PowerPoint presentation that included an overview of the process, meeting formats, design priorities, landscaping scope, details of the }flans in specific areas and segments, key components, photo simulations, priority and preliminary cost estimates, and additional recommendations. Council Member Selich expressed hie ' appreciation to those who participated in the process and st,-ated,that he is very pleased with-the results. Council Member Daigle commented positively oriAe results. Council Member Henn expressed his appreciation to Council Member Selich for his involvement and contributions arid, commended the committee for prioritizing the project. He added that the revitalization and landscaping projects are essential and,suggested.that another panel be considered to consider landscape guidelines from 22nd Street to Balboa Village in order to provide a consistent and integrate(t feeling all the way down the Peninsula. Mayor Gardner opened the public hearing. W. R. Dildine expressed concerns regarding the availability of funds for the projects and expressed - support for underground utilities'. .Jim Mosher agreed, iyith tbOCommittee's recommendation to come up with other funding sources to pursue the;prcject. George Schroeder commented on lack of parking in the area and expressed support for the project.. . Robert Hawkins addressed Council Member Hill's conflict on this item, and discussed physical improvements and the requirement of analysis under CEQA. City Attorney Harp noted that Council Member Hill recused himself and therefore, it is appropriate for Council to take action on this item. Hearing no further testimony, Mayor Gardner closed the public hearing. Motion by Council Member Selich, seconded by Mavor Pro Tern Curry to a) approve the West Newport Landscaping Revitalization Project Conceptual Plan and direct the staff to include the project for consideration in upcoming Capital Improvement Program prioritization and budgeting reports, deliberations and actions. Volume 60 - Page 331 City of Newport Beach City Council Minutes January 10, 2012 The motion carried by the following roll call vote: Ayes: Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle Motion by Council Member Selich, seconded by Council Member Henn to direct staff to investigate the supplemental CAP recommendations and report back to the City Council. The motion carried by the following roll call vote: Ayes: Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle 15. SANTA ANA HEIGHTS - BRISTOL STREET SOUTH LANDSCAPE REVITALIZATION PROJECT. Dennis Stone provided an overview of the item addressing the project area, process and format, design priorities, existing conditions,` - photo °'simulations incorporating, screening overhead utilities, additional recommendations, and projected costs. - Council Member Henn expressed appreciation to the participants for their work and contributions, commented positively on the project, and expressed support for moving forward. Council Member Daigle stated that supplemental CAP recommendations are key and addressed the City's reserves. In response to her question, Deputy Public Works Director Webb and Senior Civil Engineer Lee stated that the bid opening will occur in June. Mayor Gardner opened the public hearing. Hearing: no testimony, she closed the public hearing. Motion by Council Member Henn, seconded by Council Member Selich to a) approve the Santa Ana Heights - ,'Bristol Street South landscaping Conceptual Plan and include the design and construction, of-the project for consideration in upcoming Capital Improvement Program prioritization and Budgeting reports, deliberation and actions; and b) provide direction to staff on supplemental CAP recommendations. The motion carried by the following roll call vote Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tom Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle 16. APPOINTMENTS BY THE MAYOR TO THE COUNCIL /CITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. City Clerk Brown announced that, due to a recent interpretation by the Fair Political Practices Commission (FPPC), any Council Member nominated to a committee that has a stipend of $250 or more a year should not participate in the appointment process. Therefore, this item will have a total of seven votes. Jim Mosher questioned if applications were requested for the Mayor's citizen appointments and if the public will be made aware of what the ad hoc negotiating committees are doing, especially related to matters considered by the Building Ad Hoc Committee. He also asked where information can be found relative to the Santa Ana River Crossing (SARX) Study Policy Adisory Committee meetings and full membership, and how much stipend some of the Volume 60 - Page 332 City of Newport Beach City Council Minutes January 10, 2012 committee members receive. Motion by Council Member Henn, seconded by Council Member Hill to a) confirm the following appointments as recommended by the Mayor: I. COUNCIL/CITIZEN5 AD HOC COMMITTEES A. Ad Hoc Committee to Negotiate the Conexant Development Agreement 1. _Council Member Edward Selich; 2. 'Council Member Steven Rosansky 1. Council Member Edward V Selich; 2. Council Member Steven Rosansky C. Ad Hoc Committee to3Negotiate the Newport Beach Country Club Development Agreement 1. Council Member Edward_ Selich; 2. Council Member Steven Rosanskv D. Affordable Housing Task Force 1. Mayor Pro Tem Keith Curi- - Chair; 2. Council Member Michael Henn; 3. Mayor Nancy' Gardner E. Aviation' Committee 1. Council Member Leslie Daigle - Chair; 2. Council Member Rush Hill Vice Chair; 3. 'Mayor Pro Tem Keith Curry; 4. Newport Coast/Newport Ridge'' Resident - Roger Ham F. 13annine Ranch Development Agreement Committee 1. Council, Member Steven Rosansky; 2. Council Member Edward Selich ` G. Building Ad Hoc Committee 1. 'Council Member Edward Selich - Chair; 2. Council Member Steven Rosansky; 3. Council Member Rush Hill H. General Plan/Local Coastal Program Implementation Committee 1. Council Member Edward Selich - Chair; 2. Mayor Nancy Gardner; 3. Council Member Rush Hill I. July 4th West Newport Safety Planning Committee 1. Council Member Michael Henn (District 1) - Chair; 2. Council Member Steven Rosansky (District 2); 3. Community Member Paul Watkins; 4. Community Member Mary Bryant; 5. Community Volume 60 - Page 333 City of Newport Beach City Council Minutes January 10, 2012 Member Craig Batley J. Neighborhood Revitalization Committee 1. Council Member Michael Henn - Chair; 2. Council Member Rush Hill; 3. Council Member Ed Selich K. Tidelands Management Committee 1. Council Member Michael Henn - Chair; 4;,Mayor Nancy Gardner; 3. Council Member Ed Selich II. COUNCIL COMMITTEES A. Finance Committee 1. Mayor Pro Tem Keith Curry - Chair; 2. Council Member Michael Henn; 3. Council Member Leslie Daigle III. REPRESENTATIVES TO JOINT'GOVERNMENTAL COMMITTEES. OTHER LIAISONS A. Growth Management Area 8 Representative 1. Mayor Nancy Gardner B. Hazardous Waste`Material -- •.Joint Powers Authority 1. Mayor Nancy�Gardner <- C. Inter =City Liaison Committee 1. Council Member Michael Henn; 2. Council Member Rush Hill D. League of California Cities 1. Council Member Leslie Daigle E. Orange County Coastal Coalition 1. Mayor Nancy Gardner F. Orange County Housing Commission -Advisory Committee 1. Planning Staff Member Melinda Whelan; 2. Planning Staff Member Gregg Ramirez (Alt.) G. Santa Ana River Crossing (SARX) Study Policy Advisory Committee 1. Council Member Steven Rosansky; 2. Council Member Rush Hill (Alt.) H. Santa Ana River Flood Protection Agency 1. Mayor Nancy Gardner; 2. Council Member Steven Rosansky (Alt.) I. Watershed Executive Committee Volume 60 - Page 334 City of Newport Beach City Council Minutes January 10, 2012 1. Mayor Nancy Gardner; 2. Mayor Pro Tem Keith Curry (1st Alt.); 3. City Manager Dave Kiff (2nd Alt.) Mayor Pro Tem Curry noted that the Association of Orange County Cities does not pay him a stipend. City Clerk Brown indicated that the decision to vote separately on the Association appointment stemmed from the Association appointing members to the City Selection Committee which can place members onto commissions that pay stipends. Prior to considering the Mayor appointment to the Association of Orange County Cities, Mayor Pro Tem Curry and Council Member Henn recused themselves from this item and left the dais. Motion by Council Member Daigle, seconded by "Council Member Selich to b) confirm the following appointments as recommended by the Mayor: III. REPRESENTATIVES TO JOINT GOVERNMENTAL'COMMITTEES, OTHER LIAISONS Association of Orange County Citifies 1. Mayor Pro Tem Keith Curry,'2. Council Member Michael Henn (Alt.) The motion carried by the following roll call vote:. . Ayes: Council Member Hill, Council Member Rosansky, Mayor Gardner, Council Member Selich, Council Member Daigle Prior to considering the Mayor appointment to the Orange County Council of Governments (OCCOG), Mayor Gardner -and Council Member Daigle recused themselves from this item and left the d'a'is. Mayor Pro Tem Curry led the meeting for this appointment. Motion by Council Member Hill, seconded by Council Member Selich to c) confirm the following appointments as recommended by the Mayor: III. I REPRESENTATIVES TO JOINT GOVERNMENTAL COMMITTEES, OTHER Orange County Council of Governments (OCCOG) 1. Council Member Leslie Daigle; 2. Mayor Nancy Gardner (Alt.) The motion carried by the following roll call vote: Ayes: Council ;Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Council Member Selich, Council Member Henn Prior to considering the Mayor appointment to the Orange County Sanitation District (OCSD), Council Members Rosansky and Daigle recused themselves from this item and left the dais. Motion by Council Member Henn, seconded by Mayor Pro Tem Curry to d) confirm the following appointments as recommended by the Mayor: III. REPRESENTATIVES TO JOINT GOVERNMENTAL COMMITTEES. OTHER LIAISONS Volume 60 - Page 335 City of Newport Beach City Council Minutes January 10, 2012 Orange County Sanitation District (OCSD) 1. Council Member Steven Rosansky; 2. Council Member Leslie Daigle (Alt.) The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn Prior to considering the Mayor appointment to the Orange County Vector Control District Board of Trustees, Council Member Daigle recused herself from this item and left the dais. Motion by Council Member Henn, seconded by Council Member Hill to e) confirm the following appointment as recommended by the Mayor: III. REPRESENTATIVES TO JOINT GOVERNMENTAL COMMITTEES. OTHER LIAISONS Orange County Vector Control`District,Board of Trustees 1. Council Member Leslie Daigle The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky_,Maym• Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn Prior to considering the Mayor appointment to the San Joaquin Hills Transportation Corridor Agency Board, of Directors, Mayor Pro Tern Curry and Council Memben,'Hill recused themselves from this item and left the dais. Motion by Council Member Henn, seconded by Council Member Rosansky to f) confirm the appointments' as recommended',by the Mayor: III. San Joaeuin;Hills Transportation Corridor Agency Board of Directors 1. Council Member Rush Hill; 2. Mayor Pro Tern Keith Curry (Alt.) The motion carried by the following roll call vote: Ayes: Council Member Rosansky, Mayor Gardner, Council Member Selich, Council Member.Herin Absent: Council Member Daigle Prior to considering the Mayor appointment to the Southern California Association of Governments (SCAG), Council Members Daigle and Selich recused themselves from this item and left the dais. Motion by Council Member Henn, seconded by Mayor Pro Tern Curry to g) confirm the appointments as recommended by the Mayor. III. REPRESENTATIVES TO JOINT GOVERNMENTAL COMMITTEES. OTHER Volume 60 - Page 336 City of Newport Beach City Council Minutes January 10, 2012 LIAISONS Southern California Association of Governments (SCAG) 1. Council Member Leslie Daigle; 2. Council Member Edward Selich (Alt.) The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Henn XX. MOTION FOR RECONSIDERATION - None X)U. ADJOURNMENT - 9:40 p.m. The agenda for the Regular Meeting was posted on January 5; 2012, at 4:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 60 - Page 337