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HomeMy WebLinkAbout04/10/2007 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 10, 2007 — 7:00 p.m I. STUDY SESSION - 3:30 p.m H. CLOSED SESSION - 5:10 p.m III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner VI. CLOSED SESSION REPORT — City Attorney Clauson reported that during Closed Session Council determined that the public hearing for the Newport Beach Brewing Company was not properly noticed and set a hearing for May 22, 2007 to reconsider the appeal. VII. PLEDGE OF ALLEGIANCE -Mayor Rosansky VIII. INVOCATION - City Manager Homer Bludau DL PRESENTATIONS National Library Week Proclamation -- Mayor Rosansky presented a proclamation to Linda Katsouleas, Library Director, proclaiming the week of April 15th through April 21st as National Library Week. Donate Life Mayor -athon Presentation -- Mayor Rosansky presented a proclamation to donor recipient Phil Arst, proclaiming April 2007 as Donate Life California month. Coast Community College District Presentation on Measure C -- Martha Parham, District Director of Marketing and Communications and Richard Kubick, District Director of Internal Audit Services, Coast Community College District, spoke about Measure C benefits to assist with the District's construction projects and thanked the Council for its support. X. NOTICE TO THE PUBLIC Xl. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Gardner reported that parking and other issues have been resolved with the Coastal Commission staff for the Balboa Theater and the matter will finally be placed on the Coastal Commission's agenda for approval. Council Member Daigle said she received a letter from Patricia Zorn who lives near China Cove thanking Council for dredging of the China Cove area because it has added to the positive Volume 58 - Page 105 City of Newport Beach City Council Minutes April 10, 2007 celebration of her 95th birthday. Ms. Zorn was the first female admitted to the Balboa Yacht Club and keeps a yacht in the harbor to this day. On May 12th a fundraising dinner for the aquatics club will be held at the Pacific Club during which Marian Bergeson will be honored. Council Member Webb spoke about his visit to Sister City Okazaki and found it remarkable that there were so many common goals between the two cities. In addition, he visited Kyoto and a rooftop "green" area on an 11 -story retail building. He was encouraged that Newport Beach might consider incorporating "green" rooftop areas on new buildings. Mayor Rosansky reminded constituents about the Newport Beach Film Festival April 19th through 29th and the John Wayne Festival commemorating the 100th year of his birth. On his visit to Okazaki, Mayor Rosansky found the citizens and officials to be very warm and inviting and said he was amazed at the parallels between the two cities. Mayor Rosansky offered the "gift" statue to be housed at the library. XII. CONSENT CALENDAR A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING OF MARCH 24, 2007 AND THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF MARCH 27, 2007 1100- 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. B. RESOLUTIONS FOR ADOPTION 3. NEWPORT BEACH BREWING COMPANY, REVIEW OF USE PERMIT NO. 3485 - 2920 NEWPORT BOULEVARD (PA2006 -177) [100 - 20071. Continue to May 22, 2007. C. CONTRACTS AND AGREEMENTS 5. CORONA DEL MAR STATE BEACH IMPROVEMENTS (C -3461) - AMENDMENT NO.4 TO PROFESSIONAL SERVICES AGREEMENT [381100- 2007]. Approve Amendment No. 4 to Professional Services Agreement with Robbins Jorgensen Christopher Architects (now known as Rossetti Jorgensen) for an amount not to exceed $29,925 and authorize the Mayor and City Clerk to execute the Agreement.. 7. RADIO COMMUNICATION TOWER: LEASE AGREEMENT, REIMBURSEMENT AGREEMENT, BUDGET AMENDMENT (C -3928) 1381100- 20071. Continue to April 24, 2007. 9. SMART CONTROLLER INSTALLATION AND SERVICES PROGRAM 1881100- 20071. a) Approve a budget amendment (07BA -063) appropriating $94,800 to Account No. 7251- C5100968 for the Weather Based Irrigation Controller Program and increasing revenue estimates by $94,800 representing rebate funding from Municipal Water District of Orange County ( MWDOC); and b) authorize expenditures of $186,300 from CALFED grant funds and MWDOC SmarTimer rebate program funds to install 176 weather -based irrigation controllers in Corona Volume 58 - Page 106 City of Newport Beach City Council Minutes April 10, 2007 del Mar and Newport Coast by Hydropoint Data Systems 10. TRAFFIC SIGNAL MAINTENANCE - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH REPUBLIC ITS, INC. (C -3930) [381100. 20071. Approve a Professional Services Agreement with Republic ITS, Inc. of Novato for annual maintenance of the City's traffic signal equipment at a not to exceed price of $210,000 per year and authorize the Mayor and City Clerk to execute the Agreement. il. NEWPORT COAST COMMUNITY CENTER - AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC SOILS ENGINEERING, INC. (C -3577) [381100-20071 Approve Amendment No. 3 to Professional Services Agreement with Pacific Soils Engineering, Inc. for a not to exceed amount of.$5,156 and authorize the Mayor and City Clerk to execute the Amendment. D. MISCELLANEOUS 12. APPOINTMENTS TO THE CITY COUNCIL/CITIZENS COMMITTEE ON MARINA PARK DESIGN 1100 - 20071. Appoint the following persons to the City Council/Citizens' Committee on Marina Park Design: a) Randal Eling as the American Legion, Post 291, representative; b) Bill Garrett as the Parks, Beaches & Recreation Commission's representative; and c) Tom Olivas as the Girl Scout Council of Orange County's representative. S17. TRAFFIC IMPACT (FAIRSHARE) FEE UPDATE — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTINGS (C- 3931) [381100- 20071. Direct 'staff to execute a Professional Services Agreement with RBF Consulting for updating the City's traffic impact fee to be consistent with the newly adopted City General Plan and authorize the Mayor and City Clerk to execute the Agreement for an amount not to exceed $102,900. Motion by Mayor Pro Tem Selich to approve the Consent Calendar noting the continuance of Item No. 3 to May 22, 2007, continuance of Item No. 7 to April 24, 2007, and Items 4, 6, 8 and 13. The motion carried by the following roll call vote: Ayes: Council Member. Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. CITY COUNCIL FINANCE COMMITTEE PURPOSE AND RESPONSIBILITIES [100 - 20071. Dick Nichols recommended that finance items be discussed during Study Sessions, rather than being considered by only three Council Members. Council Member Daigle said the Finance Committee would meet on April 24th at 2:30 p.m. and April 25th at 9:00 a.m. and that the meetings were open to the public. Motion by Council Member Curry to adopt Resolution No. 2007 -21 to modify the purpose and responsibilities of the City Council Finance Committee. Volume 58 - Page 107 City of Newport Beach City Council Minutes April 10, 2007 The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner 6. NEWPORT COAST DRIVE AND PELICAN HILL ROAD NORTH - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING (C -8927) (38/I00.20071. Dolores Otting said she wanted to know the timeframe for the conceptual plan that she understood was being done to prevent cement trucks from overturning. ng. She understood that Pelican Hills Road South would be open before this project was done and felt the residents would want to know the impact of this project. Council Member Webb responded that Pelican Hills Road would be open by May 1st per Council's action. Public Works Director Badum responded to Dolores Otting that the timing of this project would depend on what option the Council selected. Motion by Council Member Webb to a) approve a Professional Services Agreement with RBF Consulting of Irvine for providing engineering. services for the Newport Coast Drive at Pelican Hills Road North Right -Turn Improvement project for a not -to -exceed price of $100,000 and authorize the Mayor and City Clerk to execute the Agreement; and b) approve a budget amendment (07BA -064) appropriating $100,000 from the unappropriated balance for Measure M Turnback funds into Account No. 7281- C5200974. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner 8. CITY HALL CONCEPTUAL SITE PLAN AND RELOCATION OF OCTA TRANSPORTATION CENTER INVESTIGATION .- PROFESSIONAL SERVICES AGREEMENT WITH DMJM DESIGN (C -3929) 1381100.20071. Dick Nichols felt that because of the investment, the public should have an opportunity to look at the Ficker plan. Dolores Otting asked what the City was getting for its $42,000, when an appraisal would be done, and what will happen with the traffic. Phil Arst believed an alternate site was needed because there were too many problems with transportation issues including public access to the site. This affects Harbor Pointe and residents will get the full brunt of the noise. He preferred that the Newport Center site be acquired through eminent domain. Barry Allen spoke in favor of the item because it would be a good idea to study the site for a possible City Hall location. He also suggested that Mayor Pro Tem Selich conduct outreach with the residents of Harbor Pointe. Ed Stevens also supported this item and felt the study should move forward because it would include a much - needed traffic study. Jan Vandersloot supported approval of the item and commended Mayor Pro Tem Selich for his outreach efforts. He felt it is a small price to pay for an alternate site for City Hall. Volume 58 - Page 108 City of Newport Beach City Council Minutes April 10, 2007 Mayor Rosansky explained that this contract was being let for a site study only and did not involve noise or traffic studies. Motion by Mayor Pro Tem Selich to a) direct staff to execute a Professional Services Agreement with DMJM.Design of Los Angeles to provide for the investigation of a potential city hall site at the current OCTA Transportation Center site and the relocation of the OCTA terminal to the parcel immediately south of the existing site in Newport Center for a not -to -exceed price of $42,000 and authorize the City Manager and City Clerk to execute and Agreement; and b) approve a budget amendment (07BA -065) appropriating $42,000 from General Fund unappropriated balance for FY 2007 -08 into Account No. 7410- C2910545. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner 13. BUDGET AMENDMENT FOR PROFESSIONAL SERVICES FOR UNANTICIPATED OUTSIDE LEGAL SERVICES (100 - 80071. Bob Rush felt the Council needed to consider a potential conflict of interest involving former City Attorney Burnham with respect to the document approved by Council in September 2004. City Attorney Clauson confirmed to Council Member Gardner that the prior speaker's concern was a matter for the FPPC to consider. Dolores Otting felt there should be more than $295,000 budgeted for the City Attorney because of pending litigation. City Attorney Clauson confirmed to Mayor Pro Tem Selich that her recommendation was that Mr. Rush file his concerns with the FPPC. Motion by Council Member Webb to approve a budget amendment (07BA -066) transferring $295,000 from General Fund unappropriated reserves to the City Attorney's Professional and Technical account 0510 -8080. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner XIV. PUBLIC HEARING 14. IN -LIEU PARK DEDICATION FEE ADJUSTMENT - APPRAISAL OF EASTBLUFF AND BOB HENRY PARK (contd. from 2/27107, 3/13/07 & 3/27/07) 1100- 80071. Richard Nichols asked what this had to do with Conexant. Mayor Rosansky advised Mr. Nichols that he was off -topic and the only consideration was whether or not to grant a continuance. Mr. Nichols felt there should be a one -on -one connection between facilities and parks. Council Member Henn explained that the applicant asked for a continuance and that was the only concern at this point. Mayor Pro Tem Selich said he would not support further continuances after the continuance to April 24th. Mayor Rosansky concurred. Volume 58 - Page 109 City of Newport Beach City Council Minutes April 10, 2007 U5 XVI. Motion by Council Member Webb to continue to April 24, 2007. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner PUBLIC COMMENTS Cynthia Koller said she was concerned about her neighborhood and related a telephone conversation with an ADP state official regarding group homes and incidents that occurred during a previous IROC meeting. She asked the City Council to immediately pass the moratorium. Lori Morris asked who was making sure that background checks on residents. Residents who were threatened and admonished to stay on topic. operators of the group homes were conducting spoke at a recent meeting regarding this matter Deborah Calvert said that over two years ago she questioned a potential conflict involving former City Attorney Bob Burnham and no one told her to contact the FPPC. Mary Bryant spoke about a possible conflict of interest regarding group homes and hoped the City would be able to resolve this issue. Denys Oberman spoke about the possible conflict of interest regarding group homes. This Council has repeatedly stated that it is the will of this Council to deal with this problem and provide relief to the constituents and she wanted them to follow through with their promise to their constituents. Dolores Otting spoke about the need for warning sirens, the location of shelters, and the need to change the escape route from Jamboree Road. Council Member Henn responded to Dolores Otting that the Council requested a presentation on an alternative notification system. Dick Nichols reiterated his concerns about licensing and definitions of group homes. Brenda Martin found it interesting that during the last meeting when the last speaker was talking about group homes the video was scrambled. Council Member Henn assured the speaker that technical difficulties with the video were unexpected and unintentional. Ken Kuhlmann asked why there was no discussion about Mr. Rush's comments. Mayor Rosansky explained that this was not the time for this type of discussion and that City Attorney Clauson recommended to Mr. Rush that he contact the FPPC. Mayor Rosansky stated that IROC was scheduled to meet on Thursday from 4:00 to 6:00 p.m. at the library and representatives from ADP in Sacramento would be present to address community concerns. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Pro Tem Selich announced that the General Plan Implementation Committee would meet on Wednesday, April 11th. The committee has an advisory group that includes local contractors and others. An additional meeting is scheduled for May 16th at 6:30 p.m. Council Member Daigle said she attended the Sanitation District meeting for Council Member Webb and reported that the district is embarking on a $320 million capital improvement project. The Aviation Committee meets on April 23rd at 8:00 a.m. at the library. Discussion will include the Volume 58 - Page 110 City of Newport Beach City Council Minutes April 10, 2007 lease expiration for the golf course and family recreation area adjacent to the airport and the fact that the airport may be considering converting the area to a parking lot. XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 15. PLANNING COMMISSION AGENDA FOR APRIL 5, 2007 [100 - 20071. Planning Director Lepo reported on the following items that were considered during the April 5, 2007 meeting: Use Permit No. 3158 for Balboa Inn LLC (PA2006 -270) Sienna Restaurant, 105 Main Street; and Advanced Real Estate Services (PA2005 -196), 201 & 207 Carnation Avenue and 101 Bayside Place. XVIII. CONTINUED BUSINESS 16. COUNCIL CONSIDERATION OF REPORT ON OCEAN BOULEVARD LAW ENFORCEMENT ISSUES AND RECOMMENDATION TO IMPLEMENT FURTHER MEASURES TO INCREASE NEIGHBORHOOD AND BEACH SECURITY [100 - 20071. City Manager Bludau reported that during the January 23rd study session staff talked about the enforcement on Ocean Boulevard and in the Peninsula Point beach area. The City Council directed the City Manager to seek measures that would address these concerns. On February 13th Police Chief Bob McDonell made three recommendations. The metal gate will be in place in May; finding an appropriate low light camera system has been problematic and staff believes there will be a recommendation to City Council in the near future; and the two person patrol has been in effect since March and statistics regarding the effectiveness of the patrol are included in Council's report. City Manager Bludau recommended that the patrol be continued to July 22nd to ensure enough time to have the security cameras in place and operational in order to collect sufficient data. Mayor Rosansky said he heard from a number of residents that they appreciated the police presence. Motion by Council Member Curry to allow identified public safety measures to be continued and/or implemented and trial tested in order to determine whether further measures are needed to provide Ocean Boulevard residents with the security they deserve. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council. Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner S18. REQUEST OF COUNCIL FOR A SPONSORSHIP OF THE JOHN WAYNE CENTENNIAL CELEBRATION AND BUDGET AMENDMENT 1100 - 20071. Gary Sherwin, President, Newport Beach Conference and Visitors Bureau, spoke about the John Wayne Centennial Celebration press conference and requested City Council approval for participation and co- sponsorship of the event in the amount of $75,000 to supplement the Center's contribution. Gregg Schwenk explained that this would be a one -time request for funds, talked about the amount of work and cost involved to secure film rights, provide outreach, initiate marketing, share media transfer cost, etc. and hoped the Council would support the request for funds. Volume 58 -Page 111 City of Newport Beach City Council Minutes April 10, 2007 Motion by Council Member Curry to approve the sponsorship and a budget amendment (07BA -067) transferring $75,000 from the unappropriated General Fund reserve to Account 0310 -8080. The motion carried by the following roll call vote: Ayes: Council Member Henn; Council Member Curry, Mayor Pro Tem Selich, Mayor Roaansky, Council,Member Webb, Council Member Daigle, Council Member Gardner XIX. MOTION FOR RECONSIDERATION — None XX. ADJOURNMENT - 8:45 p.m. in memory of Ewald Mattheis The agenda for the Regular Meeting was posted on April 4, 2007, at 2:25 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 was posted on April 6, 2007, at 3:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Oe Mayor Volume 58 - Page 112