HomeMy WebLinkAbout11/13/2007 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
November 13, 2007 — 7:00 p.m.
I. STUDY SESSION - 3:30 p.m
H. CLOSED SESSION - 5:35 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 Tern Selich, Mayor Rosansky,
Council Member Webb, Council Member Daigle, Council Member Gardner
VI. CLOSED SESSION REPORT -None
VII. PLEDGE OF ALLEGIANCE - Council Member Webb
VIII. INVOCATION - Chris Lagerlof, Mariners Church
Df. PRESENTATIONS - None
x NOTICE TO THE PUBLIC
XI. CITY. COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIRE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR
REPORT (NON- DISCUSSION ITEM)
Council Member Curry reported that the 1/1 Marines memorial fundraising kickoff was a success.
The dedication of the statue will be on Memorial Day 2008 in Castaways Park. He encouraged
residents to make a tax deductible donation by calling or accessing the City's website.
Council Member Selich reported that Saturday, Nov 17th is the Open House for St. Marks. Church
from 10 am - 2:00 pm. There will be demonstrations provided by their environmental group and the
event is open to the public.
Council Member Gardner reported that additional book reading hours were added for children at the
Corona del Mar Library.
Council Member Daigle reported that the County of Orange is creating a letter that will be signed by
the Board of Supervisors, Resource Agencies, Mayors and Department of Fish and Game to send to
Senator Feinstein regarding earmarked funding for Back Bay. She also encouraged residents to
send letters regarding the importance of the Back Bay.
MI. CONSENT CALENDAR
A. READING OF MINUTEWORDINANCES AND RESOLUTIONS
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1. MINUTES OF THE ADJOURNED REGULAR MEETING OF OCTOBER 17,
2007, THE ADJOURNED REGULAR AND REGULAR MEETING OF
OCTOBER 23, 2007. AND THE ADJOURNED REGULAR MEETING OF
OCTOBER 30, 2007. 1100 -30071 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. CONTRACTS AND AGREEMENTS
3. AGREEMENT WITH MERCHANTS LANDSCAPE MAINTENANCE, INC.
FOR THE LANDSCAPE MAINTENANCE OF CITY MEDIANS AND
ROADSIDE AREAS (C -3988) (contd. from 10/23107). [381100 -30071 a) Approve
a two -year agreement with Merchants Landscape Maintenance, Inc. of Santa Ana
for the landscape maintenance of 96.2 acres at a cost of $654,035 per year; and b)
approve a budget amendment (08BA -024) in the amount of $142,021 to fund the
increase in cost over the expiring contract for the remainder of the fiscal year.
4. AWARD OF CONTRACT TO LAW ENFORCEMENT SYSTEMS FOR
PARKING CITATIONS COLLECTIONS (C- 3993). [381100 -30071 Authorize the
Mayor and City Clerk to execute an agreement with Law Enforcement Systems to
provide parking citation collection services.
5. APPROVAL OF PROFESSIONAL SERVICES .AGREEMENTS WITH W. A.
RASIC AND VALVERDE CONSTRUCTION, INC. FOR ON -CALL
EMERGENCY UNDERGROUND UTILITY REPAIRS (C- 8994). 1381100 -30071
Approve Professional Services Agreements with W. R. Rasic Company and Valverde
Construction, Inc. for on-call emergency underground utility repairs, and authorize
the Mayor and the City Clerk to execute the agreements.
6. AGREEMENT WITH ORANGE COUNTY STRIPING SERVICES, INC. FOR
ON -CALL STREET STRIPING AND SIGN INSTALLATION (C- 3995).
[381100-20071 Approve the agreement with Orange County Striping Services Inc.
for street striping, pavement and curb marking,.and sign installation services on an
on -call basis.
7. NEWPORT COAST DRIVE AND PELICAN HILL ROAD NORTH RIGHT
TURN LANE - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL
SERVICES AGREEMENT WITH RBF CONSULTING (C- 3927). [381100 -30071
a) Approve Amendment No. 1 to the Professional Services Agreement with RBF
consulting of Irvine for additional engineering services at a not to exceed price of
$28,800 and authorize the Mayor and the City Clerk to execute the Amendment;
and b) approve a budget amendment (08BA -022) appropriating $28,800 from the
unappropriated balance of the Measure M Turnback Fund to Account No. 7281 -
05200974.
8. TRANSFER OF OFFICE TRAILER FOR HUMAN RESOURCES
DEPARTMENT (C -3987) -AWARD OF CONTRACT. [381100 -80071 a) Approve
the construction drawings and specifications; b) award C -3987 to Mike Kilbride, Ltd.
for the total price of $32,900 and authorize the Mayor and City Clerk to execute the
contract; c) establish an amount of $5,000 to cover the cost of unforeseen work; and
d) approve a budget amendment (08BA -023) to transfer the amount of $55,617 from
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Account No. 0410 -8627 - Human Resources M &O for Recruitment Expenses to
Account No. 0410 -9500 - Human Resources M &O for Structures and Improvements.
9. NEWPORT SHORES STREET END IMPROVEMENTS (C -3805) - PHASE 2 -
COMPLETION AND ACCEPTANCE. [381100 -20071 a) Accept the work; b)
authorize the City Clerk to file a Notice of Completion; c) 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 4)
release the Faithful Performance Bond one (1) year after Council acceptance.
10. APPROVAL OF AN AGREEMENT BETWEEN NEWPORT BEACH PUBLIC
LIBRARY AND INNOVATIVE INTERFACES, INC. FOR INTEGRATED
LIBRARY SYSTEM SOFTWARE (C- 3996). [381100 -20071 Approve Professional
Services Agreement between the Newport Beach Public Library and Innovative
Interfaces, Inc. for the Millennium Integrated Library System, including software,
hardware, services and maintenance and authorize the Mayor and City Clerk to
execute the agreements.
C. MISCELLANEOUS
11. HUMAN SERVICES GRANTS FOR 2007 -2008. [100 -20071 Authorize the
allocation of $25,000 in Human Services Grants as outlined in the staff report.
12. BUDGET AMENDMENT TO ACCEPT A CHECK: FROM CALIFORNIA
STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY
.SERVICES. [100 -2007] Approve a budget amendment (08BA -021) to increase
expenditure appropriations by $20,000 in Division 4060, Literacy, and to increase
revenue estimates for the same amount in Account No. 4010 -4832, California
Library Literacy Services.
14. PANINI CAF1k APPEAL, 2421 E. COAST HIGHWAY (PA2007 -063) -USE
PERMIT NO. 2007 -010 TO OPERATE A 3,820 SQUARE FOOT (SF), FULL -
SERVICE, HIGH TURNOVER EATING AND DRINKING ESTABLISHMENT
WITH A NET PUBLIC AREA OF 640 SF, AND TO ALLOW ALCOHOL
BEVERAGE SERVICE OF BEER AND WINE WITH A TYPE "41" ABC
LICENSE, ACCESSORY OUTDOOR DINING PERMIT NO. 2007 -006 TO
ALLOW THE CONSTRUCTION AND OPERATION OF A 160 SF OUTDOOR
DINING AREA IN CONJUNCTION WITH THE PROPOSED FULL-SERVICE
RESTAURANT; AND OFF SITE PARKING AGREEMENT NO 2007 -001 TO
SATISFY THE OFFSTREET PARKING REQUIREMENT FOR THE
PROPOSED RESTAURANT UTILIZING THE OFFSITE PROPERTY
LOCATED AT 7 CORPORATE PLAZA. [100 -20071 Continue to November 27,
2007 due to publication error.
15. NEWPORT BEACH RESTAURANT WEEK BANNERS - APPROVAL OF
ENCROACHMENT PERMIT NO. N2007 -0441. 1381100 -20071 Conditionally
approve the request of the Newport Beach Restaurant Association for the
installation of 100 banners, from December 10, 2007 to January 25, 2008, for the
Annual Newport Beach Restaurant Week (installation will he along Coast Highway
between MacArthur . Boulevard and Newport Boulevard, Newport Boulevard
between Hospital Road and 32nd Street, Jamboree Road north of East Coast
Highway, and MacArthur Boulevard north of East Coast Highway).
520. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING,
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PLANNING AND ADVOCACY SERVICES FOR LOCAL COASTAL
PROGRAM (LCP)(C- 3997). 1881100 -20071 a) Authorize the City Manager to
execute a Professional Services Agreement with D.B. Neish, Inc. for consulting and
advocacy services related to certification of the City's Local Coastal Program; and b)
approve a budget amendment (08- BA025) increasing the expenditure appropriation
of 2710 -8294 by $63,000 from the General Fund unappropriated fund balance.
S21. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR
PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT
REPORT FOR THE HOAG HOSPITAL MASTER PLAN UPDATE PROJECT
(C- 3760). [381100 -20071 a) Approve an amendment to the Professional Services
Agreement with BonTerra Consulting for additional work required for preparation
of a Supplemental Environmental Impact Report for an additional amount not to
exceed $160;781.50; and b) authorize the City Manager to sign the amendment to
the Professional Services Agreement.
S22. AGREEMENT WITH THE NEWPORT BAY NATURALISTS AND FRIENDS
(NBNF) TO BEGIN WORK ON THE COMPREHENSIVE RESOURCE
MANAGEMENT PLAN (CRMP) FOR UPPER NEWPORT BAY (C- 8998).
1381100 -20071 Authorize the Mayor to execute a standard Professional Services
Agreement approved by the City Attorney as to form with the Newport Bay
Naturalists and Friends (NBNF) to begin data gathering and data cataloguing
associated with the. Comprehensive Resource Management Plan (CRMP) for Upper
Newport Bay.
Motion by Mayor Pro Tern Selich to approve the Consent Calendar, except for the item removed
(13); and the correction to Item #20.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selicb, Mayor Rosansky,
Council Member Webb, Council. Member Daigle, Council Member Gardner
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
13. , MURDAUGH MARKETING ASSESSMENT REPORT ON THE NEWPORT BEACH
CONFERENCE & VISITORS BUREAU. [100 -20071 Receive and file.
In response to Council Member Gardner's question, City Manager Bludau stated the City is
comfortable with the report with the exception to the conclusion in regard to the appropriate
level of funding for the Conference and Visitors Bureau. Revenue Manager Everroad stated
that the Murdaugh report relied on a survey that was conducted in 2005 in which Newport
Beach did not participate. The analysis was good, but in terms of the funding he would like
to study it more before a recommendation is made.
In response to Mayor Pro Tern Selich's question, Revenue Manager Everroad stated that the
agreement with the Conference and Visitors Bureau expires in 2008. The last agreement
provided the Conference and Visitors Bureau with 18% of the total received from hotels and
vacation rental properties. The 18% to the bureau is received by agreement from the
general fund not by ordinance.
Motion by Council Member Gardner to receive and file the report.
The motion carried by the following roll call vote:
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Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem. Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
XIV. PUBLIC HEARINGS
16. LOCAL COASTAL PROGRAM AMENDMENT NO. 2007 -001; CLUP UPDATE
(PA2007 -027) - RE ADOPTION OF THE LCP AMENDMENT TO REFLECT THE
LOCATION, TYPE, DENSITIES, AND INTENSITIES OF LAND USES
ESTABLISHED BY THE NEW LAND USE ELEMENT AND OTHER NEW POLICIES
OF THE GENERAL PLAN. (100 -2007]
Senior Planner Campbell reported that the amendment to the Local Coastal Program is
necessary because the application earlier this year was deemed incomplete pursuant to the
California Code of Regulations. He asked Council to readopt the amendment with no
changes.
Motion by Council Member Webb to adopt Resolution No. 2007 -70 approving the Coastal
Land Use Plan and authorizing submittal to the Coastal Commission for formal review and
approval (formal adoption requires a separate action by the City Council following Coastal
Commission approval).
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
17. COASTAL LAND USE PLAN AMENDMENT NO. 2007 -003 (PA2007 -196) -:
DEVELOPMENT ON COASTAL BLUFFS ON PACIFIC DRIVE, CARNATION
AVENUE, AND OCEAN BOULEVARD. [100 -2007]
Senior Planner Campbell talked about the amendments to two policies 4.4.3 -8 and 4.4.3 -9 of
the Coastal Land Use Plan that allows bluff face development on Carnation, Ocean and
Pacific within the Predominant Line of Existing Development ( PLOED). It was previously
argued that the PLOED is the build to line but it was not the intention of the policy. Staff
amended the policies to clarify bluff face development, public improvements, PLOEDs and
added policy 19.
In response to Council Member Gardner's question, Senior Planner Campbell clarified
that Carnation, Ocean and Pacific were inserted in 4.4.3 -8 and 4.4.3 -9 and is applicable to
only that area, however, policy 4.4.3 -19 will apply to other coastal bluffs.
Motion by Mayor Pro Tem Selich to adopt Resolution No. 2007 -71 approving Coastal
Land Use Plan Amendment No. 2007 -003.
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
XV. PUBLIC COMMENTS
Denys Oberman presented an addendum to the petition that was presented to Council on October
17th, regarding residential care and group home uses. She requested that Council schedule a
special session for group home ordinances to be completed in January.
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XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Gardner expressed concern about the funding for dredging in the upper bay.
She suggested to other members of the Newport Bay Executive Committee to possibly loan
the money which can be paid back upon receiving public funds.
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT - None
XVIII. CONTINUED BUSINESS
18. CITIZEN SATISFACTION SURVEY QUESTIONNAIRE. (100 -2007]
City Manager Bludau noted that the citizen satisfaction questionnaire has been in process
for about six months with the hiring of Phil Batchelor and ETC Institute. The surveys will
be sent to 1800 homes and at a certain date ETC will contact residents by phone who
havent responded to make sure there is enough feedback for statistical validation. He
stated that the Finance Committee met and made changes to the questions. He also noted
that the surveys should not exceed 15 minutes in duration and ask Council to make changes
if needed to minimize the surveys.
After discussion, it was the consensus of Council to make the following revisions to the
questionnaire: delete question 21, add if there are significant cost savings to question 22 and
add section (E) Parks and Street Landscape Maintenance, 1H will be changed to say
freeways and other state highways, 3B will be changed to read character and quality of your
neighborhood, and 13F will be moved to question 5 (public safety).
Motion by Gomnqfl Member Henn to approve the revised Citizen Satisfaction Survey
Questionnaire and authorize the ETC Institute to issue the Survey of services provided to
the residents and customers of the City of Newport Beach.
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
XDL CURRENT BUSINESS - None
XI. COUNCIL ANNOUNCEMENTS
Mayor Rosansky addressed the allegations concerning a conflict in regard to the group home issue.
The City received a letter from the law firm of Jackson, DeMarco and Peckenpaugh requesting a
discussion of potential conflicts that he may have with regard to the sober living /group home issue.
The City's legal counsel completed a conflicts check on his assets, businesses and interests.
Jim Markman stated the analysis is 31 pages including exhibits. He responded to a question about
the Mayor's involvement at 214 Cedar Street and asked Council for permission to .release the
privileged advise letter to the public.
Council Member Henn stated the he is also expecting a similar letter that he would also like to make
public.
Mr. Markman provided the background of the Cedar property and a timeline of Mayor Rosansky's
previous involvement with the property. He concluded that there is no conflict of interest because of
the Mayor's indirect interest in the property.
In response to Council Member Webb's question, Mr. Markham stated that the overlay issue could
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affect all Council Members.
19. MARINA PARK MASTER PLAN (C- 3897). [381100 -20071
Assistant City Manager Kiff asked for feedback from Council in regard to the Marina Park
Project. He introduced Dan Herman and Tim Bundy.
Dan Herman showed a powerpoint presentation and stated that the steering committee
endorsed this plan. Marina Park will have tennis courts, a Girl Scout house, parking areas,
basketball courts, walkways, trees, classrooms, docks, a cafe, reception room, restrooms,
office space, storage, kitchen, children play area and water play area.
Tim Bundy stated that the buildings consist of a sailing center and a community center. He
stated that all rooms have visual access to the water with natural ventilation and light.
There is ample emergency access.
In response to Council Member Gardners question, Mr. Herman stated that the water area
will have a rubberized deck with play apparatuses.
Council Member Henn emphasized that there will be more public outreach for
recommendations prior to completion.
Ernie Picante expressed concern about the size of the building. He urged Council to split
the building between 15th and 16th Streets to protect residents views and recommended
proper lighting for ingress and egress. He would like too see more residents involved and
would like proper notification on changes in the community.
Assistant City Manager Kiff stated that all the information for Marina Park is on the City's
website and residents can request to be added to an interested parties list. The next phase is
all public involvement and there is also a CEQ,A and Coastal Commission approval process.'
Nancy Nigren, CEO, Girl Scout Council of Orange County, thanked everyone who worked on
the project and expressed her excitement. There are 25,000 Girl Scout members in Orange
County with 1,000 residing in Newport Beach.
Tom Billings expressed his excitement about the three years of work on the plan. There
were various plans considered but this plan will allow public access to the bay.
Tim Collins, representing the Harbor Commission, expressed support for the project
and their desire to stay involved.
Marcia Dossey addressed issues that she felt haven't been presented, such as the height,
bulk, number of bathrooms and the cafe. She expressed concerns about flooding, the water
going back into the bay, canopy trees instead of palm trees, the tot lot location, location of
the restrooms, further segregation between the tot lot and the basketball courts, metered
parking lots, non visibility of boats and runoff water. She questioned the maintenance of
the park and sidewalks.
Liz Vaughn expressed her concern that the building exceeds height restrictions and stated
that the vehicular and pedestrian traffic is dangerous.
Motion by Mayor Pro Tern Selich to approve the Marina Park Master Plan as is
and authorize the City Manager to bring forward a contract with Rabben/Herman design for
the Schematic Design phase of the Marina Park Project.
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Council Member Webb invited concerned individuals to attend the Park Beaches &
Recreation Commission meeting to offer more suggestions.
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
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - adjourned at 8:53 p.m. in memory of Louise Greeley and
Jack McClarty.
City Clerk
Mayor
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