HomeMy WebLinkAbout01/11/2011 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
January 11, 2011— 7:00 p.m.
1. STUDY I - 4:00 p.m
II. CLOSED SESSION - 6:15 p.m
A. Conference with Legal Counsel - Existing Litigation (Government Code 5 54956.9
(a)): Two matters:
1. City of Newport Beach u. Bach Bay Court, LLC, Orange County Superior Court
Case No. 30- 2010. 00385190
2. Mead o. City of Newport Beach, Orange County Superior Court Case No. 30 -2010-
00342608
B. Conference with Legal Counsel - Anticipated Litigation - Exposure to Litigation
(Government Code $ 54956.9(b)): Two matters:
1. Potential exposure to litigation arising from threat of violation from California
Coastal Commission for brush clearance allegedly being performed without a Coastal
Development Permit on City Sunset Ridge Park property prior to City ownership.
2. Potential exposure to litigation from allegations that the Morningside Zoning
Agreement was not properly adopted under state law.
C. Public Employee Performance Evaluation (Government Code 6 54957(b)(1)):
The City Council will meet in closed session to consider the appointment, employment,
evaluation of performance, discipline, or dismissal of three public employees.
Titles: City Manager; City Clerk; and City Attorney
D. Conference with Real Property Negotiator (Government Code 4 54956.8):
Property: 19752 MacArthur Blvd, Irvine, APN 445 -132 -009
City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer
Negotiating Parties: South Coast Thrift & Loan (First California Bank)
Under Negotiation: Price and Terms of Payment
Property: 19742 MacArthur Blvd, Irvine, APN 445 -132 -011
City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer
Negotiating Parties: Bates Johnson Building, Ltd.
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Under Negotiation: Price and Terms of Payment
Pronertv: 19712 MacArthur Blvd, Irvine, APN 445 -132 -018
City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer
Negotiating Parties: CIP Centerpoint 123, LLC
Under Negotiation: Price and Terms of Payment
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn,
Council Member Selich, Council Member Curry, Council Member Daigle
VI. CLOSED SESSION REPORT
City Attorney Hunt reported that, regarding II.B.2 (potential litigation relative to Moraingside Zoning
Agreement), Council unanimously authorized the defense of the matter if it is filed, but instructed
staff to keep the lines of communication open since the filing party is a citizens group from the City.
VII. PLEDGE OF ALLEGIANCE -Council Member Hill
VIII. INVOCATION - Mr. Frank Carpenter
IX. PRESENTATION
Junior Lifeguard of the Year
Fire Chief Morgan highlighted the accomplishments of 9 year old Junior Lifeguard, Christopher
Hughes, and provided him with a certificate and scholarship check. He also introduced Lifeguard
Battalion Chief Rob Williams, Lifeguard Captain Brent Jacobsen, Junior Lifeguard Instructor Jenna
Murphy, and Junior Lifeguard D Group Leader Jeff Pratt.
X. NOTICE TO THE PUBLIC
NO
DISCUSSION ITEM)
Council Member Daigle announced that she attended the swearing -in ceremony for Supervisor
Moorlach, along with Council Member Hill; Aviation Consultant Tom Edwards, and many members of
Air Fare, the Airport Working Group (AWG), and the Santa Ana Heights PAC. She noted the
importance of working with Supervisor Moorlach on airport issues.
Council Member Curry announced that February 6 marks the centennial birth of former President
Ronald Reagan and that, on January 27, the Lido Theater will be premiering Ronald Reagan An
American Journey. He noted that, if approved; Item S27 will allow the City to accept private
donations to be used toward the creation of a statue or similar work honoring former President
Ronald Reagan.
Council Member Selich requested that Council discuss the property at 443 Harbor Island Drive at a
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future meeting since it has been sitting uncompleted for four years.
Mayor Henn discussed the boat parade, announced that the boat parade awards ceremony will take
place on January 28, stated that the Lido Village conceptual plan was discussed at the study session
and will be recapped at Speak Up Newport on January 12 at 6:00 p.m., announced that he attended
the Yacht Association Installation, announced that Restaurant Week will be held January 21 to
January 28, reported that Council will conduct its annual priority setting meeting on February 5 at
8:30 a.m. at the OASIS Senior Center, announced that the Mayor Facebook page will be started
shortly, and stated that he intends to continue the Meet the Mayor sessions throughout the City
during his term.
NIL CONSENT CALENDAR
A. READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE SPECIAL MEETING OF DECEMBER 6, 2010 AND
REGULAR MEETING OF DECEMBER 14, 2010. Waive reading of subject
minutes, approve as amended, and order filed.
Council Member Daigle requested that the December 6 minutes be amended to
indicate that she believed that the Balboa Yacht Basin rates should be the same as
Cal Rec rates; and that the December 14 minutes be amended to reflect that she
expressed her gratitude to everyone.
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.
C. RESOLUTIONS FOR ADOPTION
5. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR
2011 UNDER THE CITY'S CONFLICT OF INTEREST CODE. Adopt Resolution
No. 2011 -2 adopting the 2011 Designated Employees List.
6. CITY COUNCIL'S REGULAR MEETING CALENDAR FOR 2011. Adopt
Resolution No. 2011 -3 relating to the City Council's 2011 meeting calendar.
7. ADOPT A RESOLUTION TO SUBMIT AN APPLICATION TO ORANGE
COUNTY TRANSPORTATION AUTHORITY (OCTA) FOR FUNDING UNDER
THE MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING
PROGRAM (CTFP). Adopt Resolution No. 2011.4 approving the submittal of the
Newport Beach Widening Project to the OCTA for funding under the M2 CTFP.
8. RESOLUTION RELATING TO ADOPTING. MOORING SUB - PERMIT FEES.
Adopt Resolution No. 2011 -5 establishing mooring sub - permit fees, effective
immediately, as recommended by the County Board of Supervisors.
D. CONTRACTS AND AGREEMENTS
11. 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT -
AWARD OF CONTRACT NO. 4561. a) Approve the project plans and
specifications; b) award Contract No. 4561 to Grigolla & Sons Construction Company,
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Inc. (Grigolla & Sons) for the total bid price of $475,370.00, and authorize the Mayor
and City Clerk to execute the contract; and c) establish an amount of $95,000,
approximately 20 percent, to cover the cost of unforeseen work and anticipated work
not included in the original project limits.
12. OASIS SENIOR CENTER REBUILD PROJECT - COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 3888. a) Accept the completed work and
authorize the City Clerk to file a Notice of Completion for the project; b) authorize the
City Clerk to release the Labor and Materials Bond 35 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil
Code; and c) release the Faithful Performance Bond one year after Council
acceptance.
13. EASTBLUFF PARK AND BONITA CREEK PARK RECYCLED WATER
RETROFITS - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4134.
a) Accept the completed work and authorize the City Clerk to file a Notice of
Completion for the project; b) authorize the City Clerk to release the Labor and
Materials Bond 35 days after the Notice of Completion has been recorded in
accordance with applicable portions of the Civil Code; and c) release the Faithful
Performance Bond one year after Council acceptance.
14. CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
(CONTRACT NO. 4315) - BUDGET AMENDMENT FOR CONSTRUCTION
SUPPORT SERVICES. Approve Budget Amendment No. IIBA -021 appropriating
$20,000.00 from unappropriated AQMD Fund Balance 290 -3605 to Account No. 7290 -
C8002014.
15. AMENDMENT NO. 2 TO CONTRACTOR AGREEMENT WITH MERCHANTS
LANDSCAPE SERVICES, INC. TO PROVIDE LANDSCAPE MAINTENANCE
FOR CITY MEDIANS AND ROADWAYS. Approve the amendment to the existing
agreement with Merchants Landscape Services, Inc. for the landscape maintenance at
OASIS Senior Center at a cost of $50,000 per year.
16. CONTRACT AGREEMENT WITH RAINBOW DISPOSAL TO PROVIDE
REFUSE COLLECTION SERVICE AT CITY BEACHES. Approve the ten year
agreement with Rainbow Disposal for the collection of beach refuse containers at a
cost of $127,441 per year.
17. JUSTICE ASSISTANCE GRANT - ANNUAL AWARD. a) Approve the agreement
to transfer funds for Fiscal Year 2010, Justice Assistance Grant annual award, and
authorize the City Manager to execute the agreement per Council Policies F -3 and F-
25. Therefore, to comply with Council Policy F -3, the City Manager may accept
grants or donations of up to $30,000 on behalf of the City; and b) approve Budget
Amendment No. IIBA -027 increasing revenue estimates in the amount of $13,322 in
Account No. 129 -5257, and increase expenditure appropriations in Account No. 1290-
7095.
18. FUNDING FOR MULTI -YEAR SUPPORT FOR COMPUTER AIDED
DISPATCH (CAD) AND RECORDS MANAGEMENT SYSTEMS. a) Approve an
expenditure of $161,279.29 for hardware and software support for the Police
Department's Computer Aided Dispatch (CAD) and Records Management System
(RMS) from Northrop Grumman (formerly PRC) for July 1, 2010 to June 30, 2011; b)
approve an expenditure of $185,093.24 for hardware and software support for the
Police Department's CAD and RMS from Northrop Grumman for July 1, 2011 to June
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30, 2012; c) authorize a single - source contract with Northrop Grumman, the product
manufacturer of the Police Department's CAD and RMS systems; and d) authorize
the Mayor and City Clerk to execute a Professional Services Agreement with the
vendor, as approved by the Office of the City Attorney.
E. MISCELLANEOUS
19. ACCEPTANCE OF THE UNIFIED PROGRAM AGENCIES (UPA) GRANT
FUND ALLOCATION. a) Accept the UPA Grant Fund Allocation in the amount of
$20,000.00 to be utilized for reimbursement of the completion costs associated with
the implementation of Assembly Bill No. 2286, which requires all regulated
businesses and UPA to use the internet to file required Unified Program information
electronically; b) approve Budget Amendment No. IIBA -022 to deposit $20,000.00
UPA Grant into Account No. 2330 -489G; and c) adopt Resolution No. 2011 -44
approving the acceptance of the Unified Program Agencies (UPA) grant fund
allocation.
20. APPOINTMENTS BY THE MAYOR TO THE COUNCIL /CITIZENS AD HOC
COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE
CITIZENS ADVISORY COMMITTEES. Confirm the appointments outlined in the
staff report.
21. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE
LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES FOR
FISCAL YEAR 10 /11. Approve Budget Amendment No. 11BA -026 to accept a check
from the California State Library to improve the Newport Beach Public Library
Literacy Services and Programs.
22. BUDGET AMENDMENT FOR EMERGENCY METHANE BLOWER
REPLACEMENT AT NEWPORT TERRACE LANDFILL. Approve Budget
Amendment No. 11BA -024 transferring a total of $14,827.78 from Environmental
Liability unappropriated fund balance, 292 -3605, to Environmental Liability, Services
Professional & Technical, 3155 -8080, to fund the emergency replacement of one (1)
methane gas blower at the Newport Terrace Landfill.
S27. RESOLUTION RELATING TO ACCEPTING DONATIONS FOR A STATUE OR
SIMILAR WORK HONORING THE BIRTH CENTENNIAL OF RONALD
REAGAN. Adopt Resolution No. 2011 -10 relating to accepting donations for a statue
or similar work honoring the birth centennial (February 6, 2011) of former President
Ronald Reagan.
Motion by Mayor Pro Tern Gardner, seconded by Council Member Rosanskv to
approve the Consent Calendar, except for the items removed (3, 4, 9 and 10) and noting the
amendment to Item 1 by Council Member Daigle.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
3. ESTABLISH UPDATED SPEED LIMITS ON CITY STREETS.
In response to Council questions, Public Works Director Badum explained how the speed
survey is used to determine speed limits on most arterials throughout the City. He further
discussed the rationale for changing the speed limits near Cameo Shores due to the transition
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zone and indicated that speed mitigation measures can be looked at for the area. City Traffic
Engineer Brine reported that the City is no longer allowed to round down the speeds,
explained that free flowing conditions are required when the surveys are taken, and
emphasized that the speed limits need to be enforceable for the Police Department.
Regarding Vista del Oro, he stated that the speed limit was changed to make it consistent
with the rest of the street. City Manager Kiff noted that traffic calming measures will be
discussed at the next study session.
Council Member Curry pointed out that the City is acting on State mandates and that failure
to act in response to the survey means that the Police Department cannot enforce any speed
laws and the courts could not uphold speeding tickets.
Farhed Shah - Hosseini, Cameo Highlands Homeowners Association Board Member, stated
that the community is opposed to increasing the speed limit and expressed concern for
pedestrian traffic.
Dan Pierson expressed concern for pedestrian traffic traveling to and from Cameo Shores to
Corona del Mar.
Robert Hawkins requested that Irvine Avenue between Westcliff and Santiago be re- surveyed
due to the configuration of the road.
Nicole Foster, Cameo Highlands, requested that the speed limits be reduced due to pedestrian
traffic. She noted that electric vehicles can only go 35 mph but the speed limit will be 45
mph. City Traffic Engineer Brine stated that leaving the speed limit at 35 mph would be a
speed trap, there is nothing written to lower the speed limit in order to encourage the use of
electric vehicles, and pedestrian counts were not conducted. Public Works Director Badum
noted that this area is signalized, as opposed to the pedestrian areas of Riverside Avenue
or Lido.
Leann Bowman, Irvine Terrace Homeowners Association Board Member, expressed concern
for pedestrian traffic if the speed limit at Coast Highway and Jamboree Road were increased
to 50 mph.
Karen Tringah provided statistical information for Cameo Highlands and expressed hope that
this information is enough to warrant reconsideration.
BJ Johnson expressed concern for the speed limits at the entrances into Corona del Mar,
believing that they are too high already.
Motion by Council Member Rosanskv, seconded by Council Member Curry to a)
introduce Ordinance No. 2011 -1 amending Chapter 12.24 (Special Speed Zones) of the
Newport Beach Municipal Code regarding increasing and decreasing State speed limits, and
pass to second reading on January 25, 2011; and b) upon final adoption of the Ordinance,
direct staff to replace /modify all speed limit signs requiring changes to reflect new speed
limits.
Council Member Selich requested that Council Member Rosansky amend his motion to also
conduct further study on Irvine Avenue between Westcliff and Santiago, Vista del Oro in
Eastbluff, Coast Highway and Cameo Shores, and on Bayside Drive.
Amended motion by Council Member Rosanskv seconded by Council Member
Curry to a) introduce Ordinance No. 2011 -1 amending Chapter 12.24 (Special Speed Zones) of
the Newport Beach Municipal Code regarding increasing and decreasing State speed limits,
and pass to second reading on January 25, 2011; b) upon final adoption of the Ordinance,
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direct staff to replace /modify all speed limit signs requiring changes to reflect new speed
limits; and c) direct staff to conduct further study on Irvine Avenue between Westcliff and
Santiago, Vista del Oro in Eastbluff, Coast Highway and Cameo Shores, and on Bayside
Drive.
The amended motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
4. MUNICIPAL CODE AMENDMENT TO REQUIRE AN OPERATOR LICENSE FOR
CERTAIN ESTABLISHMENTS THAT OFFER ALCOHOLIC BEVERAGES FOR ON-
SITE CONSUMPTION IN COMBINATION WITH LATE HOURS, ENTERTAINMENT,
AND /OR DANCE (PA2010 -041).
Acting Planning Director Campbell reported that the operator license would apply to new or
expanded operations, and would be looked at concurrently with the use permit process. He
noted that the license runs with the operator and is not transferrable. Associate Planner
Murillo utilized a PowerPoint presentation to discuss the operator license process and noted
that it is issued by the Police Chief, but appealable to the City Manager.
Council Member Selich expressed support for the operator license, but indicated that he
envisioned that the request would go before the Planning Commission, not the Police Chief.
Acting Planning Director Campbell indicated that staff believes that the proposed process will
allow for quicker enforcement, be a better approach, and still provide due process. He
discussed a proposed amendment (Section 5.25.050.13) relative to public noticing.
Mayor Henn requested that the Police Chief solicit public input and take that into
consideration prior to making any decisions.
Council Member Hill requested clarification relative to when a use permit ends that runs
with the land and when an operator license would begin. Council Member Selich expressed
concern that the appeal process would not reach the City Council level. City Attorney Hunt
indicated that using the same process as a use permit may make the operator license difficult
to enforce all the way to termination. Further, as written, the process provides for more
flexibility in addressing operational issues. He added that use permits convey property
rights, but licenses or permits do not have constitutional protection and are a privilege, not a
property right. Council Member Curry indicated that proposed Section 5.25.050.13 addresses
the issue of due process and noticing.
Police Chief Johnson reported that he oversaw this type of issue and had similar authority in
Long Beach. He reviewed his methodology for reviewing the licenses and emphasized that he
is pro - business but businesses need to be responsible. He indicated that it was never
conveyed to him if getting an operator license is a burden.
Associate Planner Murilllo stated that operators would only be able to appeal to the City
Manager. Mayor Henn expressed the opinion that resident should also be able to appeal the
license. City Attorney Hunt indicated that the ordinance can he amended to include this, if
desired.
Marcia Dossey believed that the City needs more establishments for dancing and suggested
that the Police Chief also review the impacts of the adjoining businesses, especially if they
have entertainment. She noted that these establishments generate revenue and agreed that
the Police Department should provide the enforcement, not Code Enforcement. She believed
that Council should be the appellant body and requested that the review period be longer
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than 10 days.
John Kenney believed that the City should maintain a representative form of government.
Dan Pierson believed that Council should hear the appeals and expressed concern with giving
the Police Chief this type of authority.
Robert Hawkins, Planning Commissioner, believed that the Planning Commission should
make the initial findings and is able to separate the use permit and operator license issues.
He expressed concern that this process gives authority to investigate, adjudicate, and enforce
to one person. He pointed out that the operator license should not conflict with the use
permit. Acting Planning Director Campbell reported that staff is proposing Section 5.25.050.1)
that does not allow the conditions to be less restrictive than required by any applicable use
permit.
Council Member Rosansky suggested that, in order to avoid redundancy, use permits should
not address hours of operation so it does not run with the land. He recommended having the
operator license address this issue. Acting Planning Director Campbell indicated that the use
permit typically addresses hours of operation because conditions are applied to the use
permit. He noted that the Police Chief will make more restrictive conditions depending on
how the business operates and will not be changing any land use rights.
Charles Unsworth, Planning Commissioner, stated that citizens are entitled to some type of
notice. He believed that the Police Chief can provide information to the hearing board, but it
is not appropriate for him to make rules, adjudicate it, and then impose sanctions to revoke
the license.
George Schroeder noted that there are areas in the City that have overconcentration of liquor
licenses. He agreed with being pro - business but cautioned against oversaturation.
Ali Zadeh, Port Restaurant, expressed support for the Police Chiefs role since he also provides
enforcement; however, suggested more analysis before changing the law.
Motion by Mayor Pro Tern Gardner, seconded by Council Member Daigle to a)
introduce Ordinance No. 2011 -2 amending the Newport Beach Municipal Code and
incorporating Chapter 5.25 establishing the requirement for an Operator License, and pass to
second reading on January 25, 2011, with the addition of Section 525.050.B, but change the
noticing period from 10 days to 14 days; addition of Section 5.25.050.1), include the ability for
the public to appeal the operator license; and allow the decision to be appealable to the City
Council, not the City Manager; and b) adopt Resolution No. 2011 -1 establishing the
application fee for an Operator License.
Mayor Henn noted that the noticing period requests written comments and suggested
changing the 14 days to 21 days.
Amended motion by Mayor Pro Tem Gardner, seconded by Council Member Daigle
to a) introduce Ordinance No. 2011 -2 amending the Newport Beach Municipal Code and
incorporating Chapter 5.25 establishing the requirement for an Operator License, and pass to
second reading on January 25, 2011, with the addition of Section 5.25.050.B, but change
the noticing period from 14 days to 21 days; addition of Section 5.25.050.1), include the ability
for the public to appeal the operator license; and allow the decision to be appealable to the
City Council, not the City Manager; and b) adopt Resolution No. 2011 -1 establishing the
application fee for an Operator License.
Mayor Henn believed that the appeal process to the City Manager is the most legally
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defensible method and proposed a substitute motion.
Substitute motion by Mayor Henn, seconded by Council Member Hill to a) introduce
Ordinance No. 2011 -2 amending the Newport Beach Municipal Code and incorporating
Chapter 5.25 establishing the requirement for an Operator License, and pass to second
reading on January 25, 2011, with the addition of Section 5.25.050.13, but change the 10 days
to 14 days; addition of Section 5.25.050.1), include the ability for the public to appeal the
operator license; and allow the decision to be appealable to the City Manager; and b) adopt
Resolution No. 2011 -1 establishing the application fee for an Operator License.
Council Member Rosansky expressed support for trying the proposed process, noting that it
can be amended if necessary. Council Member Selich indicated that protecting the ordinance
is more important than how appeals are handled. He agreed that it can be adjusted in the
future if necessary.
The substitute motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Henn, Council Member Selich,
Council Member Curry
Noes: Mayor Pro Tem Gardner, Council Member Daigle
9. APPROVAL OF THE POINT OF DISPENSING SITE PLANNING SERVICES
AGREEMENT.
In response to Council Member Daigle's question, Fire Chief Morgan clarified that this would
only be activated if there was an emergency, but the City has the option to utilize flu shots as
part of a drill.
Motion by Council Member Curry, seconded by Mayor Pro Tem Gardner to adopt
Resolution No. 2011 -6 approving the Point of Dispensing Planning Services Agreement for
Fiscal Year 2010 -2011 and authorizing the Mayor to act as the "Authorized Agent" to execute
for, and on behalf of, the City any actions necessary to implement the Agreement and obtain
financial assistance provided by the County of Orange Health Care Agency.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry
Noes: Council Member Daigle
10. AWARD CONTRACT FOR BALBOA YACHT BASIN MANAGEMENT.
Mayor Henn requested that staff also develop a fiscal year 2011 -2012 capital improvement
program for the Balboa Yacht Basin for an amount not to exceed $50,000 over the next two
years that goes beyond the maintenance items listed in the staff report.
Motion by Mayor Henn, seconded by Mayor Pro Tem Gardner to a) approve and
authorize the Mayor and City Clerk to execute a Professional Services Agreement with Basin
Marine, Inc. for Balboa Yacht Basin management for three years; b) approve Budget
Amendment No. IIBA -023 appropriating $35,165 from the unappropriated Tidelands Fund
Balance Account No. 230 -3605 to Harbor Resources Account No. 2371 -8080; and c) direct staff
to develop a fiscal year 2011 -2012 capital improvement program for the Balboa Yacht Basin
for an amount not to exceed $50,000 over the next two years that goes beyond the
maintenance items listed in the staff report.
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XIV
ED
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tem Gardner discussed the Citizens Bicycle Safety Committee meeting and announced
that they will be conducting an outreach program to solicit input relative to implementing sharrows
on Coast Highway through Corona del Mar.
Mayor Henn reported that the Finance Committee discussed pension liability, decreasing the number
of investment managers, the Request for Qualifications (RFQ) for Citywide parking meter services,
revenue trends, and how the State budget may impact the City.
PUBLIC HEARINGS
23. NEWPORT BUSINESS PLAZA (PA2008 -164) - 4699 JAMBOREE ROAD AND 5190
CAMPUS DRIVE - GENERAL PLAN AMENDMENT NO. GP2008 -007 - PLANNED
COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2009 -001 - TENTATIVE
PARCEL MAP NO. NP2010 -006 (COUNTY TMPM NO. 2010 -101).
City Manager Kiff indicated that Council can require a Development Agreement (DA) or will
need to adopt findings in order to a waive the need for the DA. Acting Planning Director
Campbell explained the policies in the General Plan that require a DA, discussed why larger
projects have been required to have a DA, and highlighted NBMC Section 15.45 that provides
for conditions that could waive the requirement. He reported on the review process if a DA
was required.
In response to Council questions, Acting Planning Director Campbell indicated that applying
fair share traffic contribution fees is required regardless if there was a DA. He reported that
DAs are reviewed by Planning Commission and the City Council.
Council Member Rosansky reviewed why he feels that a DA is necessary. Council Member
Selich believed that he could make findings that would require a DA. Council Member
Daigle noted that the project is a public benefit since the location is at the gateway to the
City.
Mayor Henn opened the public hearing.
Meg Shockley, representing the applicant, discussed why the waiver is appropriate
and explained how the project has changed due to concessions they have made.
Regarding the potential public benefits that are listed on page 5, Acting Planning Director
Campbell indicated that they have not determined the costs involved with implementing the
improvements. Mayor Pro Tem Gardner indicated that she would be willing to waive the DA
if the applicant conducted some of the improvements.
John Young, applicant, indicated that they would be willing to do the first four items on the
list, as long as it was just in front of the property and not all along the main streets. He
believed that the suggested improvements would cost $50,000 to $100,000, but should be
reviewed by Public Works to determine if they are needed.
Hearing no further testimony, Mayor Henn closed the public hearing.
City Manager Kiff noted that the street trees should be standard size. It was the consensus of
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Council that all the improvements should be subject to review and approval by Public Works.
Council Member Rosansky expressed support for the improvements, but believed that the
issue should be continued to January 25 for further review.
Council Member Hill believed it is appropriate to further define the DA policy for gray areas.
Motion by Council Member Daigle, seconded by Mayor Pro Tom Gardner to a) waive
the requirement for a development agreement and approve the project as recommended in the
October 26, 2010 staff report; b) adopt Resolution No. 2011.7 which includes findings in
support of a waiver of the requirement for a development agreement for the project; c)
introduce Ordinance No. 2011 -3 approving Planned Community Development Plan
Amendment No. PD2009 -001, and pass to a second reading for adoption on January 25, 2011;
and d) include as conditions of approval of the project the following public benefits, subject to
review and approval by the Public Works Department: 1) Enhanced aesthetic improvements
to the surrounding pedestrian easements, installation of non - standard sidewalks, pavers and
landscaping; 2) Improvements to the mediandsland at the southwest corner of Campus Drive
and Jamboree Road, including enhanced landscaping that would be maintained by the
applicant; 3) replacement of existing street trees along Campus Drive and Jamboree Road; 4)
and change -out of existing streetlights with new LED streetlight heads.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
24. HOAG MEMORIAL HOSPITAL PRESBYTERIAN SERIES 2011 HEALTH CARE
FACILITY REVENUE BONDS.
City Manager Kiff provided the staff report and noted that the item was heard by the Finance
Committee who recommended bringing this before Council for approval. Mayor Pro Tem
Gardner emphasized that the City is not responsible for these bonds.
Mayor Henn opened the public hearing.
Dennis O'Neil, representing Hoag Hospital, recommended approval and noted that the
consultants are also in attendance to answer any questions.
Hearing no further testimony, Mayor Henn closed the public hearing
Motion by Council Member Rosansky. seconded by Mayor Pro Tem Gardner to adopt
Resolution No. 2011 -8 authorizing the preparation, execution and delivery of the City of
Newport Beach Health Care Facility Revenue Bonds (Hoag Memorial Hospital Presbyterian)
Series 2011 in an amount not to exceed $120 million, and authorizing the execution and
delivery of certain documents and directing certain actions in connection with the issuance,
sale and delivery of said bonds.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
It was the consensus of Council to hear Items 25 and 26 together.
25. AMENDMENT OF THE NEWPORT BEACH MUNICIPAL CODE, TITLE 9 - FIRE
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K�717�
26. ADOPTION OF AMENDMENTS TO THE 2010 CALIFORNIA BUILDING CODES AND
NEWPORT BEACH MUNICIPAL CODE, AND ADOPTION OF THE 2009
INTERNATIONAL PROPERTY MAINTENANCE CODE AND 2009 UNIFORM
SWIMMING POOL AND HOT TUB CODE.
Interim Community Development Director Fick provided the staff report, discussed the public
workshops that were conducted, and highlighted the amended recommendation relative to the
installation of sprinklers for additions or reconstruction projects.
Interim Community Development Director Fick and Fire Marshal Gamble explained the
current regulations related to sprinkler systems and the recommended amendment to the
Fire and Building Codes. They noted that the amended recommendation does not impact
smaller homes. Mayor Pro Tem Gardner noted her preference to have the threshold for
sprinklers be based on a percentage and not just percentage and square footage. Council
Member Curry stated that the proposed method could be costly for smaller homes and noted
that the amended recommendation was vetted through the Building Industry Association
(BIA). Council Member Selich expressed the opinion that a change is not needed. Interim
Community Development Director Fick introduced a proposed amendment and indicated that
the proposed amendment would have only affected six homes over the last 12 months.
Council Member Rosansky believed that the amended recommendation is a good compromise
between what Mayor Pro Tem Gardner and Council Member Selich want.
Motion by Council Member Rosansky, seconded by Council Member Curry to
introduce Ordinance No. 2011 -4 amending the Newport Beach Municipal Code Title 9,
Chapter 9.04 (Fire Code), by amending Section 9.04.040, Section 9.04.050, Section 9.04.060,
Section 9.04.070, and Section 9.04.0120, including the amendment to the sprinkler system
requirement, and pass to second reading on January 25, 2011.
Mayor Henn opened the public hearing.
Brion Jeannette, architect, stated that the ordinance as written is acceptable, but added that
he supports staffs amended recommendation for sprinkler systems. He suggested including
an alternate means and methods statement that would allow the Building Official to make
amendments when the circumstance merits. Interim Community Development Director Fick
expressed support for this.
Amended motion by Council Member Rosanskv seconded by Council Member
Curry to introduce Ordinance No. 2011 -4 amending the Newport Beach Municipal Code Title
9, Chapter 9.04 (Fire Code), by amending Section 9.04.040, Section 9.04.050, Section 9.04.060,
Section 9.04.070, and Section 9.04.0120, with the amendment to the sprinkler system
requirement and adding an alternate means and methods statement, and pass to second
reading on January 25, 2011.
The amended motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
Regarding the Building Code, W.R. Dildine stated that no other municipality has made
amendments to the California Green Building Standards Code, took issue relative to the
Minimum Efficiency Rating Value (MERV) increase from 7 to 8 for HVAC air filters; and
expressed concern that the Task Force on Green Development reviewed code issues. He
discussed commercial dishwashers, elevator standards, and the responsibility of the design
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January 11, 2011
professionals. He believed that the amendments will be difficult for the Building Department
to inspect.
Mayor Pro Tem Gardner stated that several architects were members of the Task Force on
Green Development, and that a representative from the BIA attended all the meetings and
signed off on the recommendations. Deputy Building Officer Jurdi confirmed that
the ordinance is only requiring a MERV with a higher value than 7, not necessarily MERV 8.
Motion by Council Member Rosansky, seconded by Council Member Curry to a)
introduce Ordinance No. 2011 -5 relating to adoption of the subject codes and amendments
(2010 California Building Codes and Newport Beach Municipal Code, 2009 International
Property Maintenance Code and 2009 Uniform Swimming Pool and Hot Tub Code), with the
amendment to the sprinkler system requirement and adding an alternate means and methods
statement, and pass to second reading on January 25, 2011; and b) adopt Resolution No. 2011-
9 setting forth findings for the proposed amendments for adoption on January 25, 2011.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem. Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
XVI. PUBLIC COMMENTS - None
XVII. MOTION FOR RECONSIDERATION - None
XVIII. ADJOURNMENT -10:30 p.m.
The agenda for the Regular Meeting was posted on January 5, 2011, at 2:50 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 January 7, 2011, at 3:30
p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
e.
City Clerk
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