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HomeMy WebLinkAbout02/13/2007 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting February 13, 2007 — 7:00 p.nL STUDY SESSION - 5:00 p.m CLOSED SESSION - 5:45 p.m A. RECESSED AND RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Coned Member Webb, Council Member Daigle, Council Member Gardner C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Henn E. INVOCATION - Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal Church F. PRESENTATIONS Balboa Theater Arts Project Progress Report - Mary Lonich, Executive Director, Balboa Performing Arts Theater Foundation, displayed renderings of the building and indicated that the organization was working with the Coastal Commission on the changes. She thanked Carol Hoffman McDermott, Government Solutions, for her pro bono contribution to the project. Ms. Lonich reported on the status of the project's review with the Coastal Commission and stated that the Coastal Commission staff indicated they would meet with the theater group in March. Because the project is non- profit, the organization will rely on donations for their financing. She also reported on the performances during the Season Without Walls. LAPD Presentation to Business Members Who Helped with Funeral Arrangements - Captain Morris Smith on behalf of Los Angeles Mayor Antonio Villaraigosa and Chief of Police William Bratton, thanked the community for assistance in coordinating the reception for Officer Landon Dorris killed in the line of duty on October 20, 2006; he presented Certificates of Appreciation to Andy Theodorou, General Manager, Newport Dunes Resort; Terry Lelano; Pete Ortega, Elegant Affairs Catering; and Terry Wilson, Coastline Yacht Charters. Captain Smith acknowledged the assistance of Police Chief McDonell and Fire Chief Lewis. Orange County Council, Boy Scouts of America — Ralph Linzmeier, Board of Directors and members of Troop 90 recognized Orange County Council 2007 Man of Character, Mayor Steve Rosansky. Volume 58 - Page 35 City of Newport Beach City Council Minutes February 13, 2007 AQMD Presentation on the Draft AQMP - Debra Reed, Public Affairs Officer reported on the AQMD's plan to update its air quality mitigation plan manual to comply with the federal government mandates. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Henn encouraged residents to participate in the second bi- annual Pogue Regatta from June 8 -10, a major racing event. Mayor Pro Tem Selich invited residents to participate in the February 21st Economic Development meeting presentation by Dr. Donald Shupe, Professor, UCLA, who will speak on parking issues. He reiterated his December 12, 2006 request that staff bring four actions before the Council regarding the Newport Center Park and asked that the items be brought forward on the February 27h agenda: 1) approval of constructing the park per the approved City Council concept plan with the addition of the upper parking lot in phases with the middle phase first. The construction of the arbor and trellis structure in the middle phase would be part of a future phase with a separate donation estimated to cost about a million dollars; 2) accepting $600,000 toward construction of the middle phase in exchange for naming rights for the entire park with the provision that other naming opportunities will be available, and authorize staff to finalize the donation agreement with the donor; 3) conceptual approval to amend the 2006/2007 FY budget to increase the funding for the park from $200,000 .to $400,000 subject to final construction bids; and 4) direct staff to complete the construction documents for the middle section phase as soon as possible and place them out to bid. Council Member Webb said that he was aware Mayor Pro Tem Selich had received pressure from a certain segment of the community to push the park project forward. However, he and other Council Members have received input about selecting a site for a future City Hall. In fact, the Council was served a petition requesting the Council postpone the decision on the park until a City Hall site has been selected. In light of Mayor Pro Tem Selich's proposal, Council Member Webb asked that two more items be included to wit: that no further action be taken to implement the park construction project at the central library site until the City Hall site selection project was completed; 2) if the first action item is not approved he would like to add the following to the four items requested by Mayor Pro Tem Selich to wit: "that the park site include an active park element of at least one soccer field." Council Member Daigle announced that the Corona del Mar Swimming Group would continue its fundraising efforts at the Pacific Club on May 12. Mayor Rosansky invited the public to participate in a town hall meeting on February 22nd at 6:00 p.m. at the Central Library with presentations by Senator Harman and Assembly Member Walters regarding sober living group homes. He attended the Relay for Life kickoff on February 12th at the Islands Hotel. The Relay will be held on May 19th and 20th. If individuals are interested in forming teams to raise money for cancer research contact the City Manager's Office at 644 -3000. I. CONSENT CALENDAR Volume 58 - Page 36 City of Newport Beach City Council Minutes February 13, 2007 READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF JANUARY 28, 2007. 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 City Clerk to read by title only. ORDINANCES FOR ADOPTION 3. ORDINANCE AMENDING SECTION 7.20.010 OF TITLE 7 PERTAINING TO ANIMAL NUISANCE. [100 -20071 Adopt Ordinance No. 2007 -1. 4. CODE AMENDMENT 2006 -008 - APPEAL PROCEDURES (PA 2006 -257) - AMENDMENT TO REVISE APPEAL PROCEDURES TO ALLOW A SINGLE CITY COUNCIL MEMBER TO APPEAL DECISIONS OF THE ZONING ADMINISTRATOR, PLANNING DIRECTOR AND PLANNING COMMISSION. 1100 -20071 Adopt Ordinance No. 2007 -2 approving Code Amendment No. 2006 -008. RESOLUTIONS FOR ADOPTION 5. DESIGNATION OF LIAISON AGENT FOR THE DIVISION OF OIL, GAS, AND GEOTHERMAL RESOURCES. 1100 -20071 1) Adopt Resolution No. 2007 -6 appointing a City agent for the Division of Oil, Gas, and Geothermal Resources; and 2) authorize the Mayor and the City Clerk to execute a "Designation of Agent" form, naming the Utilities Manager, Ed Burt, to serve as the City of Newport Beach's Liaison Agent regarding matters pertaining to the operation and maintenance of the City's oil and gas facilities, as regulated by the Division of Oil, Gas, and Geothermal Resources. 6. RESOLUTION TO AMEND THE COMPOSITION OF THE CITY COUNCIL/CITIZENS ADVISORY COMMITTEE ON MARINA PARK DESIGN TO ADD A THIRD COUNCIL MEMBER AND TO CONFIRM THE MAYOR'S APPOINTMENT OF COUNCIL MEMBER HENN TO THAT POSITION. 1100 -20071 Adopt Resolution No. 2007 -7 amending Resolution No. 2006 -98 to revise the composition on the City Council/Citizens Committee on Marina Park Design, and confirm the Mayor's appointment of Council Member Henn to the new position. & OLD FORD ROAD - ADOPT A RESOLUTION LIMITING THE PARKING OF VEHICLES TO TWO HOURS. [100 -20071 Adopt Resolution No. 2007 -9 limiting the parking of vehicles to two hours between 8:00 a.m. and 6:00 p.m. daily on the south side of Old Ford Road, from Mesa View Drive to a point 300 feet easterly. CONTRACTS 10. OPERATING AGREEMENT FOR NEWPORT RIDGE PARK (contd. from V23/07).1100-20071 Continue indefinitely. 11. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH Volume 58 - Page 37 City of Newport Beach City Council Minutes February 13, 2007 GABLE ENGINEERING FOR CIP PROJECT MANAGEMENT SERVICES (C- 3915). [381100 -2007] 1) Approve a Professional Services Agreement with Gable Engineering at a not to exceed price of $50,000 and authorize the Mayor and the City Clerk to execute the Agreement; and 2) approve a budget amendment (07BA -045) transferring $50,000 from salary savings in the Engineering Division (5100 -7000) and transfer the funds to Engineering Division Services Professional and Technical Account 5100 -8080. MISCELLANEOUS 12. SUPPORT OF ORANGE COUNTY'S POSITION ON MEMBERSHIP IN THE SOUTHERN CALIFORNIA REGIONAL AIRPORT AUTHORITY. 1100 -20071 Authorize the Mayor to execute the letter attached as Exhibit A to the staff report. 13. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC). 1100 -20071 Confirm Council Member Daigle's appointment of Michael "Mike" Smith as the District 4 representative to EQAC. 14. ACCEPT ASSISTANCE TO COMMUNITY EMERGENCY RESPONSE TEAMS (CERT) GRANT. [100 -2007] 1) Accept the `04 Homeland Security Supplemental Grant for CERT for $6,935.67 in funding for the CERT Program; and 2) approve a budget amendment (07BA -042) increasing revenue estimates by $6,935.67 in 2356 -4848 and increasing expenditure appropriations in 2356- 82004 by $6,935.67. 15. COAST HIGHWAY CHANNELIZATION - CORONA DEL MAR (C -3558) - APPROVAL OF BUDGET AMENDMENT FOR PHASE 1B. [100 -2007] Approve a budget amendment (07BA -039) in the amount of $150,000 from the unappropriated General Fund Reserves to Account No. 7013- C5200932. Motion by Mayor Pro Tem Selich to approve the Consent Calendar, except for those items removed (7, 9 and S21). The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Coucil Member Webb, Council Member Daigle, Council Member Gardner J. ITEMS REMOVED FROM THE CONSENT CALENDAR RESOLUTION SUPPORTING THE AIRPORT WORKING GROUP (AWG) AND AIRFAIR. [100 -2007] Council Member Daigle strongly supported the resolution and thanked AirFair, AWG Members and Citizens' Aviation Members who contributed to the support of JWA. Council Member Curry thanked participants for their efforts toward protecting citizens from further danger from the airport. Motion by Council Member Curry to adopt Resolution No. 2007 -8 supporting AWG and Airfair and committing to immediately commence discussions with both groups in the ongoing effort to protect Newport Beach residents from the Volume 58 - Page 88 City of Newport Beach City Council Minutes February 13, 2007 impact of John Wayne Airport Operations. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Coucil Member Webb, Council Member Daigle, Council Member Gardner 9. RESIDENTIAL CARE FACILITY CODE AMENDMENT. [100 -2007] Patrick Alford, Senior Planner clarified the purpose of the amendment and stated that any legally existing facility would be allowed to continue operating. However, if there were an expansion, increase in size or intensification, it would require a Federal Exception Permit (FEP). City Attorney Clauson said this amendment was a straightforward ordinance to get the process started which is intended to mirror the state law provisions so that the City can begin to enforce against operators that are creating a single facility in multiple buildings, units or premises. If the ordinance is approved, there will be two or three additional opportunities for public input and changes to the wording. Ron Winship said he was quite concerned that homeowners associations could dispense medications. He thanked Council for addressing this issue. Mike Tidus, Jackson DeMarcO Tidus and Peckenpaugh, said his firm represents a number of homeowners on the peninsula and because his firm had previously been involved in this issue offered assistance to the City and City Council. John Overdevest felt it was an injustice that sober living facilities were exempt from business license fees and taxes. It is disruptive to have commercial facilities within residential neighborhoods and wanted to know if, in the event he were to sell his home, he would have to disclose the proximity of his residence to the facility and suffer a depreciated sales value on his property as a result. Cynthia Kohler said she was opposed to voting on the ordinance this evening and preferred waiting until the Council had all of the necessary information before acting. She wished the city would put a moratorium on new group homes until this issue was resolved. Dick Nichols said the specific nature of the proposal would tend to form policy rather than open dialogue. He wondered how the City could modify the Federal Exception Permit because it would likely originate at the federal level because the use permit does the same thing and felt it was a better tool. Lori Morris objected to the proposed resolution because it appeared to change the definition of the land use permits and appears to be giving total authority to the Planning Director. Lacking understanding of the resolution and how it would function, the request for a moratorium seems to be an appropriate compromise. Denys Oberman commended the City for taking steps to address this situation. She asked that there be diligence and objectivity on the part of the City and that Volume 58 - Page 39 City of Newport Beach City Council Minutes February 13, 2007 the Council obtain outside input before making its decision. Council Member Curry asked legal counsel to comment on speaker's statements and in particular the recommendation to institute a moratorium. City Attorney Clauson said she was concerned about imposing a moratorium because the state does the licensing and to a certain extent the City has no control over the six and under facilities. The City is working with the ADP to that end. Council Member Henn asked for confirmation that there was nothing in the proposed ordinance that could not be changed and City Attorney Clauson responded affirmatively. Mayor Rosansky reviewed the process and assured residents that there would be ample opportunity to provide public input before the Planning Commission and Council. Motion by Mayor Rosanskv to adopt Resolution No. 2007 -10 initiating an amendment to Title 20 of the NBMC to revise land use classifications and definitions relating to Residential Care facilities. The motion carried by the following roll call vote Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Coucil Member Webb, Council Member Daigle, Council Member Gardner 521. BUDGET AMENDMENT AND APPROVAL OF A CONTRACT WITH COUSYN GRADING AND DEMOLITION (C -8917) FOR $195,000 TO TRANSPORT SAND FROM CHINA COVE BEACH TO CORONA DEL MAR STATE BEACH AND NORTH BAY FRONT, RUBY BEACH ON BALBOA ISLAND. [881100 -2007) Mayor Pro Tem Selich suggested that Item 7 of the Scope of Services should be modified to require that during staging, truck engines should be turned off. Commissioner Daigle commended the Harbor Resources staff and citizens for taking the initiative in recognizing the need to partner with the City to transport good quality sand to local beach areas. The good news is that staff member Tom Rossmiller was able to get the Coastal Commission offset funding for the community. Council Member Henn questioned why the City did not use all of the impact fees and Assistant City Manager Kiff responded that the funding could be used for any similar project from the jetty southward. The City's need was to bring some of the sand to Balboa Island, a project that did not qualify for the funds. Ron Winship said that sand replacement was the City's most important duty. Property values in Newport Beach require decent sandy beaches and it should be a focus of the City. Dick Nichols thanked Tom Rossmiller for all of his work and was pleased that Corona del Mar got some of the sand. Volume 58 - Page 40 City of Newport Beach City Council Minutes February 18, 2007 Motion by Coun it Member Curry_ to 1) authorize the City Manager to execute an agreement substantially similar to the one attached to the staff report with Cousyn Grading and Demolition for $195,000 as amended to include the language modification to Item 7 of the Scope of Services to require that engines be shut off when trucks are staged on Ocean Boulevard; and 2) approve a budget amendment (07BA -046) increasing revenue estimates in Account #255- 4842 by $155,000 and increasing expenditure appropriations by $155,000 in CIP Item 7255- C2371972, CDM Beach Replenishment. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Coucil Member Webb, Council Member Daigle, Council Member Gardner H. PUBLIC HEARING 16. ORDINANCE ESTABLISHING DESIGN CRITERIA FOR SINGLE AND TWO UNIT DEVELOPMENT. [100 -2007] Senior Planner Ramirez reported on the draft temporary ordinance establishing design criteria for single and two -unit development. He said that the proposed ordinance would not change any of the current provisions of the ordinance and advised Council that the proposed design criteria were somewhat subjective. Senior Planner Ramirez responded to Council Member Webb that staff expected to have the ordinance ready for adoption in January 2008 and confirmed that this was staffs first attempt to comply with Council's direction to have something ready for implementation by April 1. Mayor Pro Tem. Selich stated that the General Plan Implementation Committee reviewed the ordinance, recommended its adoption and felt that the City needed to move forward to meet the April 1 deadline. This proposed ordinance is a temporary ordinance and if adopted would be an un- codified ordinance that would give Council flexibility should it find that some aspects of the ordinance were not working as intended. He also pointed out that there are appeal processes built into the ordinance. Council Member Gardner said she received an email offering the opinion that if this process took place during residential plan check, it would be too late and the author questioned whether the process should be applied earlier in the process. Senior Planner Ramirez responded that staff felt it would extend rather than shorten the process. Council Member Webb hoped that architects would offer valuable comments about the process so that it would not create additional work for them when they presented plans that did not meet the design criteria. Council Member Henn concurred and suggested that staff reach out to architects so that they are aware of the criteria in advance of submitting plans. Brion Jeannette, architect, said it was important for architects to know in advance what criteria they are dealing with in advance of presenting a concept for approval. There are inherent problems with this kind of approach. He Volume 58 - Page 41 City of Newport Beach City Council Minutes February 13, 2007 suggested the following opportunities for solution: 1) let the homeowner associations police their own building since their guidelines are more restrictive than the cities; 2) develop an architectural design review committee; 3) appoint an appeal committee to include architects and planners or engage a professional design review board. He offered that if this interim solution were temporary it could take longer than a year for a permanent ordinance to be written and wondered if the permanent criteria would be even more stringent. Mayor Pro Tem Selich felt it would be more expedient for the City to move forward to develop permanent criteria and adopt an ordinance rather than spend a lot of time pursuing a temporary ordinance. Tod Schooler, architect, said for the most part most of the architects would like to see better building design and to implement a temporary solution was, in his opinion, probably the wrong way to proceed. He said he agreed with Brion Jeannette and believed that architects were most concerned about single staff members making arbitrary decisions. However, this ordinance is asking architects to further limit themselves with respect to design decisions. He agreed that a committee was preferable to having staff members make the decisions during this period so that the process could move forward in a more timely fashion. While the goals and ideas in the document are good the implementation will be difficult. Ron Winship felt this was a bad ordinance and should not be put in place. He encouraged the Council to move forward to adopt a permanent ordinance and preserve the integrity of the community. Mark Cross, developer, believed that a temporary fix would create havoc and he could not figure out an advantage to the community of a temporary ordinance. Staff is backed up now and this ordinance would extend the process even further. If he were to submit a project to plan check it would take a year for the process to unfold until he was able to get approval. He said he was most concerned about sizes of lots. Ian Harrison, architect, felt the temporary ordinance was a misstep. Planners have varying degrees of design knowledge and the result of their review would therefore be very subjective. He agreed that lot sizes were a problem and are creating difficulty with design criteria. He said he would have a problem with the 50 percent planting requirement on Balboa Island and about the massing of garage doors. Dennis Wood, architect, agreed with other architects and felt this ordinance was a very poor idea that had not been adequately thought through. The design review board in Laguna Beach was started by a group of architects and has deteriorated into a group of lay people without proper credentials who were passing judgment on people's homes. He believed staff was not qualified to pass . judgment and that architects should be the ones to pass judgment. In his opinion, an interim ordinance is a slippery slope and will lead to disaster. Dick Nichols said he thought this would happen. He tried to protect the zoning in the areas that were already well zoned. The City developed its zoning for the past 40 years and needs to take a close look at what it wants to change and keep Volume 58 - Page 42 City of Newport Beach City Council Minutes February 13, 2007 in place what is working. George Schroeder felt the ordinance adequately addressed the impervious surface issue. He felt that the City should not require a second story step back if the lot was only 30 to 35 feet. Mayor Pro Tem Selich said this matter was before the Council because of a self - imposed deadline. Comments about the difficulty in implementing policies go to the heart of this matter. The Council has two choices tonight -- adopt the ordinance with minor changes or extend the deadline until the new zoning code is completed and ready for adoption and implementation; and until that time, projects would be exempted. Council Member Gardner felt the language could be softened to track with GPAC's intention of providing guidelines and not mandates. Motion by Mayor Pro Tem Selich to extend the implementation until January 31, 2008. Council Member Henn said he would be happy to modify the ordinance to exclude homeowners associations with active review boards. Secondly, it seems that it would be rather easy to have a mid -stop between the Planning Department and Planning Commission to provide a quick resolution. The City is mandated to implement what is in the General Plan and what is in the General Plan is in this ordinance. He would prefer to move forward with the resolution with the two modifications and recommendations to soften the language. Mayor Pro Tem Selich reiterated Mr. Jeannette's recommendations. He would be amenable to excluding HOA's that had architectural review committees and, staff could be instructed to reach out to the architects. Amended motion by Mayor Pro Tem Selich to introduce Ordinance No. 2007 -3 as amended to exclude any homeowners associations that have architectural review committees; and instructed staff to do outreach and encourage the designers and architects to come in for an early consultation. The amended motion carried by the following roll call vote: Ayes: Council Member Henn, Mayor Pro Tem Selich, Mayor Rosansky, Couch Member Webb, Council Member Gardner Noes: Council Member Curry, Council Member Daigle L. PUBLIC COMMENTS Ron Winship said he was shocked that the City and County do not require permits for fumigators because of the toxic chemicals being used. He asked the City to request of the state that this process be monitored at a local level. Beverly Bernstein was also concerned about the fumigation materials and related health concerns because of the number of people living in her complex who have severe ailments. She asked the Council to be caring and compassionate about this issue and help the residents. Bill Ficker was disappointed that the City was rushing to stop thinking about a City Volume 58 - Page 43 City of Newport Beach City Council Minutes February 18, 2007 Hall at the library site. He had encouraged public exchange of information and tried to do that in his proposal to bring opportunities to the City Council. Many people could enjoy the site for City Hall and its employees. Newport Center has in excess of 8 acres that offers an opportunity for park areas and covered parking. He asked Council to afford him an opportunity to present his plan to the community. Lori Morris entered a public record Notice of Addendum that was originally requested on December 12, 2006. Her inquiry sought disclosures for City departments and staff members for the years 2004 through 2007 to determine any possible conflict of interest. Debra Allen, Chair, Park Development Committee, said it was very important for the City Council to move forward with plans to implement the Newport Center Park. The PB &R Commission voted unanimously to not include a soccer field at the site. The Committee raised $1.2 million and the City's delay has cost the project $600,000 and further delays are likely to result in additional costs. This is money that was raised through private donation at the behest of the City Council. She urged the Council to move forward and build the park. Barry Allen took exception to Mr. Ficker being allowed to make a presentation at the next Council meeting because in his opinion, Mr. Ficker should not be allowed to do so until there is a scheduled public hearing on the matter. Bernie Svalstad said he agreed with Debra Allen and felt it would be redundant to have the issue brought up again and that it should be approved at the next meeting. The McFadden Square Centennial Legacy program continues and is accepting donations. He hoped the project would be built by the end of the year. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 17. PLANNING COMMISSION AGENDA FOR FEBRUARY 8,2007.1100-20071 Planning Director Lepo reported on the following Planning Commission items: Santa Ana River Vision Plan Advisory Committee formation; Planning Commission email policy; Planning Department website; standard project conditions of approval, update on Planning Department organization; and, Isla Vista Homes (PA2004 -123) — 1499 and 1515 Monrovia Avenue. O. CONTINUED BUSINES 18. POLICE DEPARTMENT PLAN TO ADDRESS COMMUNITY CONCERNS IN THE OCEAN BLVD. AREA OF CORONA DEL MAR AND PENINSULA POINT. (100 -20071 Chief McDonell recapped the recommendations he made during a previous study session. He felt it was important to discuss crime statistics for the 10:00 p.m. to 6:00 a.m. timeframe because it was intimated that enforcement overstated its presence in the Corona del Mar beach and Ocean Boulevard areas. Although this is not the situation, the department intends to address all possibilities and in the short term intends to improve communications with the public through scheduling Neighborhood Watch meetings; providing increased patrol in the beach area of Corona del May and the Peninsula; re- deploying bike patrols in the beach areas; establishing adequate lighting, and documenting encounters and Volume 58 - Page 44 City of Newport Beach City Council Minutes February 13, 2007 document graffiti. On a long -term basis the department proposes to install a metal security gate at the Corona del Mar parking lot; seek the Council's input and direction on securing a low light five camera system for the Corona del Mar beach and Peninsula Point and other pertinent areas at an estimated cost of $75,000 including a storage system. Chief McDonell said that he would not recommend adding overtime usage of officers in the Peninsula Point area at this time. Council Member Daigle asked for more information on the Neighborhood Watch program and Chief McDonell elaborated with emphasis on attempting to get more public participation. Anyone interested in becoming a block captain should contact the department. The City Council spoke in support of the Chiefs recommendations and and commended him and the department for their responsiveness to this issue. City Manager Badum responded to Mayor Pro Tem Selich that the gate would be installed at the entrance. Chief McDonell said the gate would be electronically controlled. Dick Nichols said he supported use of cameras and suggested a later enforcement time of 12:00 midnight or 1:00 a.m. to 6:00 a.m. Motion by Council Member Gardner to 1) approve funding in the amount of $10,000 for a metal security gate to be installed at the entrance of the City municipal parking lot at Corona del Mar State Beach; and 2) directed staff to return with more information on the use of remote low -light cameras in public areas for law enforcement purposes. Council Member Curry spoke in support of the motion. Substitute motion by Council Member Henn to 1) approve funding in the amount of $10,000 for a metal security gate to be installed at the entrance of the City municipal parking lot at Corona del Mar State Beach; 2) directed staff to bring back info on the use of remote low -light cameras in public areas for law enforcement purposes; 3) approve the use of overtime on a trial basis for two officers to be assigned exclusively to the Ocean Blvd. and surrounding area on Thursdays, Fridays and Saturdays between the hours of 9 p.m. and 3 a.m. until the cameras are implemented; and 4) approve a budget amendment (07BA -044) appropriating $10,000 from the unappropriated General Fund balance to 3140- 8040 for the installation of the security gate. The substitute motion carried by the following roll call vote: Ayes: Council Member Henn, Coucil Member Webb, Council Member Daigle, Council Member Gardner Noes: Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky S22. APPOINTMENTS TO THE CITY COUNCILICITIZENS ADVISORY COMMITTEE ON INTENSE RESIDENTIAL OCCUPANCY. 1100 -20071 Motion by Coucil Member Webb to confirm the Mayor's appointments as follows: Mayor Rosansky, Chair; Planning Commissioner Michael Toerge; Board of Realtors representative Craig Batley; West Newport Beach Association representative Jim Miller; Central Balboa Association representative Louise Volume 68 - Page 45 City of Newport Beach City Council Minutes February 13, 2007 Fundenberg, and at -large members Robert Rush and Jeffrey Myers. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Coucil Member Webb, Council Member Daigle, Council Member Gardner P. CURRENT BUSINESS 19. PROPOSALS FROM COUNCIL MEMBERS CURRY AND GARDNER TO ADDRESS TRAFFIC SAFETY ISSUES AT NEWPORT COAST DRIVE/PELICAN HILL ROAD NORTH INTERSECTION. [100 -20071 Council Member Curry spoke about the February 2nd accident that shook the community. As a result, he, Council Member Gardner, staff and law enforcement undertook the challenge to address the issues specific to the interchange with the goal to prevent further accidents. He elaborated on the recommendations offered for consideration and recommended that Council direct staff to move forward with the design to incorporate the matter in the City's CIP program. Steve Shulman, Traffic Services Division, responded to Council Member Webb that as represented by The Irvine Company the map clearly indicates signage that specifies, "do not enter on Pelican Hills North" and there should be supervisors present to direct traffic accordingly. Council Member Webb said some individuals have said this exit should be closed and the City does not have the authority to enforce such a closure. The vehicle code gives trucks the right to proceed over the most direct route. Lilly Cooper, Vice President, Pelican Heights HOA, said the intersection has been a concern for many years and that numerous accidents have occurred at the poorly designed intersection. Mrs. Cooper said that she believes the homeowners association has no jurisdiction outside of the gate for purposes of granting easements. City Manager Badum stated that according to assessor records the intersection is owned by the HOA. Steve Craig, President, Pelican Heights HOA, presented Council with several letters. He said he witnessed the accident and was stuck inside the gate for more than an hour. The Irvine Company employees were unable to get The Irvine Company to respond and no enforcement was provided for traffic control. He appreciated Council Members Curry and Gardner's speedy response to this problem and felt it was time for the City to act to properly redesign and mitigate this interchange. Steve Cay said he uses the intersection daily and is very concerned about safety. He thanked the Council for addressing this overdue issue. Not only is there a problem with construction vehicles, passenger vehicle drivers also contribute to the same safety concerns. Honeybee Hyatt thanked Council Members Curry and Gardner for their swift response to this issue. She serves on the HOA Board of Directors and receives a lot of input from residents. She supports the proposal but asked that it be Volume 58 - Page 46 City of Newport Beach City Council Minutes February 13, 2007 expanded to include a short -term rerouting of trucks via Pelican Hills South and open the short term reroute for residents until the area is permanently fixed. Charles Bollis thanked Council Members Curry and Gardner for their swift response. The intersection is poorly designed and extremely dangerous. At the time of the accident, the gate attendant had no idea there had been an accident and refused to let him through. He suggested installing speed humps to slow both the truck and passenger vehicle traffic. Gary Wright said cement trucks weigh 66,000 pounds and are a serious hazard. The Irvine Company is concerned about who has responsibility and that they wanted to participate in re- engineering this intersection. He urged Council to work with them to come up with alternative designs for the interchange. Council Member Webb suggested the City consider a maximum truck speed of 30 -35 mph all the way down the hill to Coast Highway. Motion by Council Member Curry_ to 1) approve and direct staff to implement a specific list of Safety Improvement Measures recommended by Council Members Curry and Gardner; and 2) direct staff to report back to the Council and the community every three months with information about the effectiveness of these measures and to evaluate truck speed limit as suggested by Council Member Webb. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Coucil Member Webb, Council Member Daigle, Council Member Gardner 20. TRANSIENT OCCUPANCY TAX (TOT) INCENTIVE PROGRAM - CRYSTAL COVE HISTORIC DISTRICT. [100 -8007] Assistant City Manager Kiff stated that this agreement proposes to return 100% of the Transient Occupancy Tax charged to the Crystal Cove cottages back to the Crystal Cove Alliance to assist them with cottage restoration efforts and allow them to acquire matching funds in order to bring more of the cottages back on line faster. Council Member Gardner said she supported the program that allows people to stay on the beach for a reasonable amount, as well as other benefits. Mayor Pro Tem Selich felt it was bad policy to use TOT revenue and pour it into one project. There are other historic properties within the City that may request similar programs. If the City wants to support Crystal Cove the project should compete on its own merits with other projects on an annual basis. Council Member Daigle said she too would prefer to have this included as a CIP project that should be evaluated and funded just like all other projects. Mayor Rosansky also toured the facility and was skeptical about the approval of a five -year agreement for a significant amount of money. Certainly this project would need to compete on an annual basis and would like Council concurrence to Volume 58 - Page 47 City of Newport Beach City Council Minutes February 13, 2007 have staff prepare a revised agreement. He was also concerned about a Master Plan being developed and could not support the plan as proposed. Laura Davick, President and Founder of the Crystal Cove Alliance explained the project and asked for Council's consideration for approving support of the program. Laura Davick responded to Council Member Webb that if the City approved the $90,000 annual allocation the Alliance would move to immediately put those funds to use. Dan Gee, Chairman, Crystal Cove Alliance, stated that the Alliance was close to entering into a design -phase contract with the architects and engineers for a $20 million build -out. The effort is to move forward immediately and to use the TOT funds toward that end with money being spent within 60 days. Mayor Rosansky said he understood the TOT funds would be used to restore cottages to be placed in the rental pool. Rich Rozelle, Superintendent, Orange Coast District, California State Parks, said this project is in the top ten of the department's priority list. Council Member Curry supported the project while sharing Mayor Rosansky's concerns. The five years gives the Alliance long -range planning opportunities while giving the City the right on an annual basis to review the merits of the project and cancel upon 60 -days notice should it deem appropriate. Mayor Rosansky said he understood the agreement but felt that if the Council approved the agreement the 60 -day cancellation clause would never be exercised. Mayor Pro Tem Selich said he would prefer to have this agreement considered on an annual basis. Council Member Daigle reiterated her desire to have the agreement included for consideration as part of the annual CIP budget. Motion by Coucil Member Webb to authorize the City Manager to execute an Agreement (based on the Term Sheet attached to staff report) between the City and the Crystal Cove Alliance to assist the Alliance with cottage restoration efforts by returning 100% of the City's share of the TOT to the Alliance. The motion failed by the following roll call vote: Ayes: Council Member Curry, Coucil Member Webb, Council Member Gardner Noes: Council Member Henn, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Daigle Q. MOTION FOR RECONSIDERATION - None R. ADJOURNMENT - 11:36 p.m. - In memory of Sid Soffer The agenda for the Regular Meeting was posted on February 7, at 2:18 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 Volume 58 - Page 48 City of Newport Beach City Council Minutes February 13, 2007 was posted on February 9, 2007, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Volume 58 - Page 49