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Home My WebLink About10/09/2007 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 9, 2007 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m II. CLOSED SESSION - 6:45 p.m III. RECESS IV. RECONVENED AT 7:20.P.M. FOR.REGULAR MEETING V. ROLL CALL Present: Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner Excused: Council Member Henn VI. CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIANCE - Council Member Webb VIII. INVOCATION - Reverend Peter Haynes, Saint Michael and All Angels Episcopal Church Df. PRESENTATIONS Introduce Okazaki Students and Essay Winners - The Okazaki essay winners and chaperones introduced themselves and presented the City Council with gifts. Mayor Rosansky presented the Okazaki delegation with gifts. Library Foundation Presentation of Check - Tom Edwards, President of the Newport Beach Library Foundation, presented the City with a check for $166,000. X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS _ OR MATTERS WHICH COUNCIL... MEMBERS WOULD LIKE PLACED 019 A- FUTURE AGENDA FOR DISCUSSION,_ ACTION OR REPORT (_NON- DISCUSSION.ITEM): Council Member Curry reported that a fundraiser will be held on November 10 at the American Legion Hall for the 1/1 Memorial. He stated that people can contact the City Manager or him for more information. Council Member Webb requested that the letter to Costa Mesa regarding the Westaide Lofts be amended. Council Member Daigle announced that there will be a forum at Newport Harbor High School on October 10 at 6:30 p.m. regarding keeping your teens safe. Volume 58 - Page 289 City of Newport Beach City Council Minutes October 9, 2007 Council Member Daigle announced that the Conference for Women will be held on October 16 at the Balboa Bay Club. Council Member Gardner commended the Recreation and Senior Services staff on the Newport Coast Community Center grand opening and the OASIS Senior Center open house. Council Member Gardner requested that staff look into whether dogs are still allowed on City property. Mayor Rosansky commended the Corona del Mar Chamber of Commerce on the sand castle contest at the Corona del Mar State Beach. Mayor Rosansky announced that Public Safety Day will be held on October 14 from 10:00 a.m. to 3:00 p.m. 3UL CONSENT CALENDAR A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF SEPTEMBER 25, 2007. [100- 20071 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. ORDINANCE FOR ADOPTION C. RESOLUTIONS FOR ADOPTION 5. ADOPT A RESOLUTION FOR THE INSTALLATION OF STOP SIGNS AT THE INTERSECTION OF CLAY STREET AND RIVERSIDE AVENUE. 1100 -20071 Adopt Resolution No. 2007 -63 for the installation of STOP signs at the intersection of Clay Street and Riverside Avenue to create an all-way stop. D. CONTRACTS AND AGREEMENTS 6. CITIZEN SURVEY AWARD OF CONTRACT (C -8951). [38/100 -20071 Retain the services of ETC Institute to conduct a Citizen Satisfaction Survey of services provided to the residents and customers of the City of Newport Beach. 7. RESOURCE AND RECREATION MANAGEMENT PLAN (RRMP) FOR BUCK GULLY; CONTRACT WITH IRVINE RANCH CONSERVANCY (C- 3905). [381100 -20071 Continued indefinitely. 8. PROFESSIONAL SERVICES AGREEMENT FOR CONTRACT PLANNING SERVICES (C- 3833). [381100 -20071 a) Approve a Professional Services Agreement with Hogle- Ireland, Inc. of Irvine, for contract planning services in an amount not to exceed $40,000; b) authorize the City Manager to sign the agreement; and c) approve a budget amendment (08- BA014) increasing expenditure appropriations in 2710 -8080, Professional and Technical Services by $40,000 from the General Fund unappropriated fund balance. 9. SEWER INFRASTRUCTURE IMPROVEMENTS - APPROVAL OF AN AGREEMENT WITH ORANGE COUNTY DEVELOPMENT AGENCY AND Volume 58 - Page 290 City of Newport Beach City Council Minutes October 9, 2007 COSTA MESA SANITARY DISTRICT (C- 2931). (381100 -20071 Approve an agreement with Orange County Development Agency (OCDA) and Costa Mesa Sanitary District (CMSD) releasing the City from any obligation for improvements to the Santa Ana Heights area sanitary sewers. 10. ORANGE COUNTY TRANSPORTATION AUTHORITY AMENDMENT NO. 13 TO COOPERATIVE AGREEMENT NO. C -95 -985 (C- 8051). 1381100 -20071 Approve Amendment No. 13 to Cooperative Agreement No. C -95 -985 between the Orange County Transportation Authority (OCTA) and the City of Newport Beach, and authorize the Mayor and City Clerk to execute the Amendment. 11. MESA -BIRCH PARK (C -3787) - AWARD OF CONTRACT. 1381100 -20071 a) Approve the construction drawings and specifications; b) award C -3787 to Belaire- West Landscape, Inc. for the total price of $357,000 and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $35,700 to cover the cost of unforeseen work; and d) approve a budget amendment (08BA -017) appropriating $44,950 to Account No. 7459- C5100867 for Mesa -Birch Park and increasing revenue estimates by $44,950 representing additional funding from the County of Orange Santa Ana Redevelopment Project Area. E. MISCELLANEOUS 12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY 2007 -08. 1100- 20071 Approve a budget amendment (08BA -016) to increase revenue estimates by $166,000 in Account No. 4090 -5893 (NBPL Foundation Donations) and increase expenditure estimates by the same amount in Division 4090, Foundation. 13. APPOINTMENT TO THE GOVERNING BOARD OF THE NATURE RESERVE OF ORANGE COUNTY (NROC). (100 -20071 Approve the Mayor's designation of Council Member Gardner as the City's representative to the NROC Board. S17. PURCHASE OF FIELD MAINTENANCE SKID STEER LOADER. 1100- 20071 Authorize the purchase of a Bobcat from the Bobcat Company in the amount of $52,576.79 and approve a budget amendment (08BA -018) transferring $52,576.79 from unappropriated Equipment Replacement Fund balance to Account 6120 -9100 (Equipment Replacement — Rolling Equipment account) to fund the purchase. Motion by Mayor._.Pro_Tem Selich to approve the Consent Calendar, except for those items removed (3 & 4), and noting the continuance of Item 7. The motion carried by the following roll call vote: Ayes: Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner Absent: Council Member Henn XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. IMPLEMENTATION OF PERS ENHANCED RETIREMENT FORMULA FOR FIRE SAFETY AND MISCELLANEOUS EMPLOYEES (C -568). 1381100 -20071 Volume 58 - Page 291 City of Newport Beach City Council Minutes October 9, 2007 Dick Nichols expressed concern about the City's retirement plan compared to the private sector and discussed problems with local government retirement plans. Motion by._ Council .Member Webb to adopt Ordinance No. 2007 -13 relating to a PERS contract amendment. The motion carried by the following roll call vote: Ayes: Council Member Curry, Mayor Pro Tem Selich, Council Member Webb, Council Member Gardner Noes: Mayor Rosansky Abstain: Council Member Daigle Absent: Council Member Henn 4. A RESOLUTION TO IMPLEMENT THE REPORTING OF TAX DEFERRED MEMBER PAID CONTRIBUTIONS TO THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) (C -563). In response to Dick Nichols' questions, Assistant City Manager Mff explained that the resolution is only informing PERS that the employee contributions are tax deferred and does not change any retirement plan. Motion by.-Council Member Webb . to adopt Resolution No. 2007 -62 for the City of Newport Beach reporting of tax deferred member paid contributions to the Board of Administration, California Public Employees' Retirement System (PERS). The motion carried by the following roll call vote: Ayes: Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner Absent: Council Member Henn XIV. PUBLIC HEARINGS - None XV. PUBLIC COMMENTS Dolores Otting expressed concerns relative to fluoridated water. Dick Nichols suggested telling the Metropolitan Water District (MWD) that the City already has fluoride in its water and doesn't want any more. David Vine took issue that Senator Harman is supporting the freeing of prisoners, especially when 3,000 of the 50,000 live in Orange County. He urged Council and the County to let Senator Harman know this is unacceptable. Don DiCostanzo reported that he is opening an electric vehicle distributorship in the City and that they also intend to sell and rent hybrid bicycles. Bob Causton took issue that Council isn't correcting mistruths about staff, particularly regarding Bob Burnham. Mayor Rosansky stated that he supports Mr. Burnham and agreed that Council hasn't done enough to support City staff. Bob Rush asked that the City explain why Mr. Burnham was signing contracts with outside consultants who allegedly sit on the board of directors of his business. City Manager Bludau indicated that no one from California Strategies was a member of a non - profit board when the contract was entered into. He reviewed how much Mr. Burnham has billed the City for his work Volume 58 - Page 292 City of Newport Beach City Council Minutes October 9, 2007 and noted that it was not as much as people are alleging. City Attorney Clauson added that Mr. Burnham never had a rehabilitation business nor had interest in any rehabilitation home or rehabilitation business doing business in the City or elsewhere. She reported that Mrs. Burnham is on a non - profit organization that works with the courts. She emphasized that, since Mr. Burnham's retirement, he has not provided any advice or information regarding the group homes ordinance or regulations. She stated that it was her opinion that he was not required to file the Statement of Economic Interests (Form 700) and that she nor the City Manager asked him to file. She reported that Mr. Burnham has since volunteered to file the Form 700s. Nancy Skinner expressed support for Mr. Burnham and stated that the City needs him for airport issues. Lori Morris noted that no one asked Mr. Burnham to resign, but just requested that he file Form 700s. She questioned whether Mayor Rosansky has a conflict. Mayor Rosansky indicated that he does not have ownership interest in any rehabilitation facility and that no facility is operating out of any of his properties. David Diamond indicated that, between 2004 and 2007, many changes occurred that allowed more group homes into the City and emphasized that this issue needs to be addressed. George Shroeder noted that Mr. Burnham chose to resign and recommended that the City hire Tom Edwards to handle airport issues. Denys Oberman, Concerned Citizens of Newport Beach, noted that they have been working on group homes issues for four years and reported that they filed a formal demand regarding the residential facility ordinance. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Gardner reported that EQAC will be coming to Council with a proposal on green buildings and zero waste. Council Member Webb expressed the Aviation Committee's appreciation for the service Bob Burnham has provided the City on airport issues. Mayor Pro Tem Selich reported that the Marina Park Design Committee will be presenting its plan for Marina Park at the November 13 meeting. Mayor Rosansky reported that the Park Development Committee discussed the outreach program for Sunset Ridge Park and announced that the first meeting will be held in November. XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT. 14. PLANNING COMMISSION AGENDA FOR OCTOBER 4, 2007. (100 -20071 Planning Director Lepo reported on the following items: Hanano Properties LLC (PA2007- 059) - 2100 Bristol Street; Addendum to the 2005 -2006 Housing Element Implementation Report; and Knight Appeal (PA2007 -137) - 312 Hazel Drive. XVIII. CONTINUED BUSINESS - None XDL CURRENT BUSINESS 15. RESOLUTION NO. 2007 -64 RELATING TO THE CITY COUNCIL AD HOC COMMITTEE ON GROUP RESIDENTIAL USES. 1100 -20071 Volume 58 - Page 298 City of Newport Beach City Council Minutes October 9, 2007 Assistant City Manager Kiff provided the staff report. Mayor Rosansky indicated that it is his intention to appoint himself and Council Members Henn and Gardner to the committee. Bob Rush took issue with Mayor Rosansky serving on the committee and expressed concern that it could jeopardize the outcome. David Diamond requested and received clarification that the committee meetings are not open to the public due to attorneylclient privilege, special counsel will receive all the information that has been presented to the Planning Commission and City Council, and the public can provide the Council Members with information to forward to the special counsel. Dolores Otting suggested discussing the end product during a Council meeting. Council Member Webb noted that one of the products is the ordinance which will allow for public testimony and input. Mayor Rosansky reported that special counsel has been instructed to speak with the residents and their attorney so they can understand their position. Dr. Linda Orozco discussed what has happened to her neighborhood and the City over the past four years and urged the committee to do something. Denys Oberman believed that regulating group homes is not a matter of legal feasibility, but political will. Motion by. Council Member_Webb to a) adopt Resolution No. 2007 -64 creating the City Council Ad Hoc Committee on Group Residential Uses whose purpose shall be to interact with special counsel and serve as liaison to the full City Council on group residential issues; and b) appoint Mayor Rosansky, Council Member Henn, and Council Member Gardner to the City Council Ad Hoc Committee on Group Residential Uses. Council Member Daigle discussed her meetings with the residents and agreed that the City needs to be proactive. Council Member Curry discussed the efforts that the City has put forward and assured everyone that the City is working toward having a legally defensible ordinance that addresses the issues of the community. The motion carried by the following roll call vote: Ayes: Council Member Curry, Mayor Pro Tern Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner Absent: Council Member Henn 16. INITIATIVE MEASURE AMENDING THE CITY OF NEWPORT BEACH CHARTER TO LOCATE A NEW CITY HALL AT NEWPORT CENTER. (39]00- 2007] City Clerk Harkless discussed the County's certification of the petition, potential dates and costs for the election, argument and rebuttal deadlines, and priorities for writing the arguments and rebuttals. Allan Beek questioned the appropriateness of placing the location of City Hall in the City's charter. He stated that anyone wanting to help fund the campaign against this Volume 58 - Page 294 City of Newport Beach City Council Minutes October 9, 2007 measure can contact www.parksarepriceless.com. Debra Allen discussed why the measure is bad planning. Bernie Svalstad asked whether the initiative would be enforceable or subject to legal attack. Nancy Skinner requested that the initiative go to a vote sooner than later and asked, if the initiative passes, if the Greenlight vote could be incorporated in the November election due to the cost. Hugh Logan believed that the initiative is flawed and that it is hindering negotiations for a better site in Newport Center. James Turner noted that the vote will decide what the people want. Barry Allen emphasized that, if the initiative passes, City Hall must be built on the site regardless if there are problems with the site. He believed that building a public facility is an improper subject for the initiative process. In response to Council questions, City Attorney Clauson indicated that Council can request a Greenlight/Measure S companion measure on the February ballot, as long as it's done before the November 9 deadline. She clarified that this would exempt the measure from Greenlight, but not exempt it from environmental documents or other General Plan Amendment requirements. She indicated that any problems that arise from the measure are not resolved or answered in the initiative. . Mayor Pro Tem Selich, Council Member Gardner, and Council Member Curry suggested placing the measure on the February ballot. It was the consensus of Council to not designate Council to write the argument against the measure, but still direct the City Attorney to write an impartial analysis. Motion bv_Council Member Gardner to a) approve the certification of the "Initiative Measure Amending the City of Newport Beach Charter to Locate a New City Hall at Newport Center "; b) adopt Resolution No. 2007 -65 Calling and Giving Notice of the Holding of a Special Municipal Election on Tuesday, February 5, 2008, for the Submission of a Proposed Charter Amendment; c) adopt Resolution No. 2007 -66 Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be Held on Tuesday, February 5, 2008, with the Presidential Primary Election to be Held on the Same Date Pursuant to §10403 of the Elections Code; d) adopt Resolution No. 2007 -67 Offering the Priority for Filing a Written Argument Against the Measure to Parks Are Priceless and Directing the City Attorney to Prepare an Impartial Analysis; e) adopt Resolution No. 2007 -68 Providing for the Filing of Rebuttal Arguments for City Measure(s) Submitted at Municipal Elections; and fj approve a budget amendment (08BA -015) in the amount of $42,000 from Unappropriated General Fund reserves to cover the cost of the signature verification ($36,958), plus an additional $5,042 for ancillary expenses associated with the election (translations, publications, etc.). City Attorney Harkless clarified that Council cannot specifically designate Parks Are Priceless to write the argument against the measure; however, she noted that not designating Council automatically puts them next in line. Amended motion by Council Member Gardner to a) approve the certification of the "Initiative Measure Amending the City of Newport Beach Charter to Locate a New City Hall at Newport Center "; b) adopt Resolution No. 2007 -65 Calling and Giving Notice of the Volume 58 - Page 295 City of Newport Beach City Council Minutes October 9, 2007 Holding of a Special Municipal Election on Tuesday, February 5, 2008, for the Submission of a Proposed Charter Amendment; c) adopt Resolution No. 2007 -66 Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be Held on Tuesday, February 5, 2008, with the Presidential Primary Election to be Held on the Same Date Pursuant to §10403 of the Elections Code; d) adopt Resolution No. 2007 -67 Directing the City Attorney to Prepare an Impartial Analysis; e) adopt Resolution No. 2007.68 Providing for the Filing of Rebuttal Arguments for City Measure(s) Submitted at Municipal Elections; and f) approve a budget amendment (08BA -015) in the amount of $42,000 from Unappropriated General Fund reserves to cover the cost of the signature verification ($36,958), plus an additional $5,042 for ancillary expenses associated with the election (translations, publications, etc.). The amended motion carried by the following roll call vote: Ayes: Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner Absent: Council Member Henn XX. MOTION FOR RECONSIDERATION - None XXI. ADJQURNMENT - Adjourned at 9:41 p.m. to October 17, 2007 at 7:00 p.m. (Adjourned Regular). Mayor Rosansky reported that a Closed Session will be held prior to the meeting at 4:30 p.m. The agenda for the Regular Meeting was posted on October 8, 2007, 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 October 5, 2007, at 12:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk �,1, • ;, Recording Secretary — L'2� Mayor Volume 58 - Page 296