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HomeMy WebLinkAbout02/12/2008 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting February 12, 2008 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. I1. CLOSED SESSION - 6:00 p.m. III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner VI. CLOSED SESSION REPORT - City Attorney Clauson announced that Council will go back into Closed Session at the conclusion of the meeting. VII. PLEDGE OF ALLEGIANCE - Council Member Rosansky VIII. INVOCATION - Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal Church IX. PRESENTATIONS Police Explorer Competition - Police Chief Klein introduced Explorer Post 1050 and stated that in January they participated in a nationwide competition in Chandler, Arizona with over 1000 police explorers and they won seven trophies. Mayor Selich presented them with a proclamation. Recent Code Enforcement Actions to Abate Nuisances - Code Enforcement Division Manager John Kappeler presented a PowerPoint presentation that included: the background of why nuisance abatement enforcement is necessary, the current project focus (showing before and after pictures of properties that are now in compliance), copies of public education notices that were sent to residents and current challenges that Code Enforcement is facing. He thanked his staff for their hard work and provided his department phone number and web address for residents with questions and concerns. Council Member Henn expressed his appreciation to the Code Enforcement Division for their proactive solutions. He emphasized that it is time to step up enforcement to improve the quality of life and believed that the efforts that are being made are supported by residents. Council Member Rosansky suggested that Code Enforcement Division Manager Kappeler attend all of the Homeowner Association meetings in the City to provide information and Volume 58 - Page 893 City of Newport Beach City Council Minutes February 12, 2008 answer questions. X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR, MATTERS WHICH _ COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEMJ: Council Member Daigle reported that Eastbluff and Harbor View Elementary Schools were nominated for the California Distinguished School Award given by the State Department of Education which spotlights schools that post high marks on Federal and State standards. Council Member Gardner requested that oral reports on committee activities be moved to an earlier time on the agenda. City Manager Bludau indicated that a resolution would need to be adopted in order to change the sequence of the agenda items. Council Member Daigle agreed with Council Member Gardners request and asked that the issue be brought back to Council at a later date. Council Member Curry reminded everyone that the fundraiaing for the Marines 1/1 memorial is in the final stages, which will be dedicated on Memorial Day. He expressed his concern about how the Marines are being treated in Berkeley, California. XU. CONSENT CALENDAR A. READING OF MINUTES/O�dDMANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF JANUARY 22, 2008. [100 -2008] 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. D. CONTRACTS AND AGREEMEIV7S 5. AWARD OF CONCESSION AT CORONA DEL MAR STATE BEACH (C 4017) (contd. from 1/22/08). [381100 -2008] a) Select Fuji Grill, Inc. as the next concessionaire at Corona del Mar State Beach based on the proposal submitted by John Lee in response to City's Request for Proposals (RFPs) for the CDM concessionaire dated August 31, 2007; and b) authorize the Mayor and City Clerk to execute the Concession Agreement based on the terms of the agreement. 6. PURCHASE OF 2008 JUNIOR LIFEGUARD PROGRAM UNIFORMS (C4018). [38/100 -2008] Award the 2008 City of Newport Beach Junior Lifeguard Program uniform contract to Hurley for the total cost of $154,450 (excluding tax). 7. BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS - AWARD OF CONTRACT (C -3964). [381100 -2008] a) Approve the project plans and specifications; b) award the contract (C -3964) to Macadee Electric Construction for the total bid Volume 68 - Page 394 City of Newport Beach City Council Minutes February 12, 2008 price of $323,692, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $15,000 to cover the cost of unforeseen work. 8. ASSESSMENT DISTRICT NO. 99 - APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES (C- 3596). [38/89/100 -2008] a) Approve Amendment No. 2 to the Professional Services Agreement with Harris & Associates of Irvine for additional assessment engineering services for Revised Underground Utility Assessment District No. 99 for a not to exceed price of $28,450 and authorize the Mayor and City Clerk to execute the Amendment; b) approve remittance payment of $33,100 to AT &T for redesign fees; and c) approve a budget amendment (08BA -045) transferring $75,000 from the Unappropriated General Fund Reserve Account to Assessment District No. 99, Account No. 74099 -9812. 9. BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET (C -3778) -AUTHORIZE AN INCREASE IN CONTRACT CONTINGENCY. [38/100 -2008] Pulled from the agenda. 10. RETIREE MEDICAL PROGRAM (C -563). [88 /100 -2008] Continued to a future Council meeting. E. AUSCELI ANEOUS 11. FY 2007 -08 MASTER CIP SCHEDULE UPDATE. [100 -2008] Receive and file. Motion by Mayor Pro Tem Daigle to approve the Consent Calendar, except those items removed (3, 4, 12, & 13); and noting that Item 9 was pulled from the agenda and Item 10 was continued. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 13. PRESENTATION OF NEWPORT BEACH CUSTOMER SATISFACTION SURVEY RESULTS FROM CHRIS TATHAM OF ETC INSTITUTE. [100- 2008] Chris Tathum, ETC Institute, provided a Powerpoint presentation on the residents, business and developer surveys. He reported that 718 out of 3000 resident surveys were completed, which is higher than his goal of obtaining at least 600. His presentation of the resident surveys included GIS mapping which showed the location of survey respondents and how they rated the City on: overall perception, satisfaction with major categories of City services, public safety, parks, facilities and recreation, utilities and general services, code enforcement, communication, maintenance, customer service and other issues, and benchmarking data. The overall results for opportunities for improvement on the resident surveys is traffic flow, maintenance of streets and beaches, frequency of police patrol, the web page and outdoor athletic facilities. Thirty business Volume 58 - Page 395 City of Newport Beach City Council Minutes February 12, 2008 surveys were sent out which included: the number of years the business has been operating in the City, overall satisfaction with the perception of the City, satisfaction with City services, City Services that should receive the most emphasis over the next two years, the physical appearance of the area where the business is located, is the City business friendly, and reasons why a business will stay in Newport Beach. The overall result for room for improvement in the business community is street sweeping /sidewalk cleaning, municipal code enforcement and economic development initiatives. He also spoke about the thirty developer surveys that were sent out which included: the development review process such as the Planning Commission staff, plan check, Public Works, Fire Department, plan check/permitting in the Building Department and inspection services. He noted that the opportunity for improvement for the developer survey lies within the plan check/permitting process and suggested that the City be sensitive to the concerns of the developers. He emphasized that overall the City is doing well and pointed out key points to guide the City in the right direction. Council Member Curry expressed his appreciation to Mr. Tathum and stated that the results were good to see. He believed that staff should be proud and pleased with the results because it provides a road map to address the issues that residents are concerned about. Mayor Pro Tem Daigle stated that the survey provided information that will assist Council with future decision making and thanked residents for completing the survey. Council Member Henn commended Mr. Tathum for his work on the presentation and stated that there is a tremedous amount of leadership from employees and Council. The purpose of the survey is not to assess blame but to point out areas that the City can do better in respect to services and service levels. City Manager Bludau indicated that the surveys are step one and the City off to a good start. He believed that the surveys give focus by putting things into perspective, which gives the City an opportunity to find out how to do things better. He also stated that he has asked all department heads to review the data so that they can come up with ways to improve the satisfaction of the residents. Dolores Otting believed that the survey results were no surprise and urged Council to start with the Planning Department and the plan check process. She emphasized that Council should take care of only areas of dissatisfaction to minimize cost. B. ORDINANCES FOR ADOPTION 8. RESOLUTION TO PROVIDE SECTION 20516 (EMPLOYEE SHARING COST OF ADDITIONAL BENEFITS) APPLICABLE TO SECTION 21864.4 (2.5% @ 65 FORMULA) FOR LOCAL MISCELLANEOUS MEMBERS (C -563). [88/100 -2008] In response to Dick Nichols, City Manager Bludau stated that the increased benefit is for retirement, not healthcare, and is paid by the employees. Assistant City Manager Kiff stated that the 2.5% at 55 program will cost employees 3.42% with no additional cost in the future. He agreed that Volume 58 - Page 896 City of Newport Beach City Council Minutes February 12, 2008 employees retiring now under this program will receive a significant benefit because they did not pay in as much as employees who retire at a later date, but the decision was made by a consensus of the employees and does not affect already retired employees. He requested that the resolution be amended to correct two typographical errors. Motion by—Council Member Webb to adopt Ordinance No. 2008 -6 relating to a PERS contract amendment. The motion carried by the following roll call vote: Ayes: Council Member Henn, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Noes: Council Member Rosansky Abstain: Mayor Pro Tem Daigle C. RESOLUTION FOR ADOPTION 4. ESTABLISHMENT OF A CITY COUNCIL AD HOC COMMITTEE TO OVERSEE THE APPRAISAL PROCESS FOR THE BANNING RANCH PROPERTY AND THE ASSESSMENT OF FUNDING AVAILABILITY FOR ITS PURCHASE AS OPEN SPACE. [100- 2008) Dennis Baker, representing the SPON Steering Committee, requested that Jean Watt be added as a citizen representative on the Ad Hoc Committee. Mayor Selich stated that Council decided that they will bring in representatives of the environmental community to participate as they go along with the process. Dolores Otting supported the request for Jean Watt to be added to the Committee and stated that she believes that ad hoc committees are not in the best interest of the community. Kevin Nelson pointed out that Council should keep in mind the value of the recreational opportunity that the open space will allow and that there is an opportunity to turn Banning Ranch into a great space which will be unique to serve all of Southern California. Terry Welsh, Chair of Banning Ranch Park and Preserve Task Force, stated that their position is to preserve the area for open space. The General Plan had a priority to preserve open space and the City will have opportunity to do that. He stated that he supports the ad hoc committee and the City should take the first step to organize the acquisition of the area. Motion by Council Member Rosansky to a) adopt Resolution No. 2008 -10 establishing a City Council Ad Hoc Committee to oversee the appraisal process for the Banning Ranch Property and the assessment of funding availability for its purchase as open space; and b) proceed with the City Council's designated Banning Ranch priority for 2008, by establishing an ad hoc committee and approving the Mayors appointments of Mayor Selich and Council Members Rosansky and Volume 58 - Page 887 City of Newport Beach City Council Minutes February 12, 2008 Gardner to the committee. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 12. OASIS SENIOR CENTER (C -8888) - AUTHORIZE A BUDGET AMENDMENT FOR SUPPLEMENTAL CONSULTING SERVICES FOR DEVELOPMENT OF CONSTRUCTION DOCUMENTS. [88[100 -20081 City Manager Bludau suggested that staff talk to Mr. Nichols regarding the status report to address his concerns and asked that this item be brought back to Council at the next meeting to recommend a staff project manager. Motion by Council Member Webb to approve a budget amendment (08BA -044) appropriating $90,000 from the General Fund unappropriated fund balance to Account 7453- CIO02007 to be used to retain various professional consultants to support development of construction documents for the OASIS Senior Center. The motion carried by the following roll call vote: _ Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner XPV. PUBLIC HEARING 14. LIBERTY BAPTIST CHURCH SCHOOL EXPANSION (PA2006 -079) - GENERAL PLAN AMENDMENT NO. 2006 -004 - PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2006 -008 - AMENDMENT TO USE PERMIT NO. 1726. [100 -2008] Planning Director Lepo reported that the four modular classrooms with building which will include classrooms, a indicated that in order to accomplish the recommending that the General Plan development limit for the site. proposal for this project is to replace 31,000 square feet of new gymnasium and a science lab. He changes, the Planning Commission is )e amended to increase the precise In response to Council Member Gardner's question, Planning Director Lepo stated that the conditions for the permit are required, not recommended. He also stated that the project has the support of all the Planning Commissioners and that the paving for the project will be done in light color. Jim Bickel, Bickel Underwood Architects, stated that they reviewed the Planning Commission conditions and are prepared to abide by them. Motion by Mayor Pro Tem Daigle to adopt Resolution No. 2008 -11 approving General Plan Amendment No. 2006 -004 and an amendment to Use Permit No. 1726; and introduce Ordinance No. 2008 -7 approving Planned Community Volume 68 - Page 398 City of Newport Beach City Council Minutes February 12, 2008 Development Plan Amendment No. 2006 -003, and pass to second reading on February 26, 2008. The motion carried by the following roll call vote: Ayes: Council Member Henn, Mayor Selich, Council Member Gardner XV. PUBLIC COMMENTS Council Member Rosansky, Mayor Pro Tem Daigle, Member Webb, Council Member Curry, Council Treb Heining believed that the airport should be on the top of the list in the 2008 priorities because it has a great impact on the City. He also added that the City should look at solutions and actively pursue them. Council Member Gardner assured residents that the airport issues are ongoing and always require a lot of attention and has not been forgotten. Council Member Webb reported that the Aviation Committee has adopted a policy and is working on involving other cities in the decision making process and noted that they are continually working towards making the settlement agreement a permanent one. Council Member Curry added that the City is proactive in the airport issues by negotiating the Spheres Agreement and working with Supervisor Moorlach who has blocked the regional Airport Commission from becoming an agency with eminent domain powers. He stated that Council will continue to work with the congressional representatives in Washington, D.C. to handle negotiations and he assured residents that the airport is a top priority. Dolores Otting believed that residents are confused because Council does not keep residents updated on the airport issues. She also expressed her concern about the street light at San Joaquin Hills Road and Newport Coast Drive and urged Council and staff to look into making the intersection safer. She also requested an update on the City's warning system that was previously discussed. Ron Darling invited Council and residents to the Airport Working Group's Annual Meeting on February 26th, at the Balboa Yacht Club in which Supervisor Moorlach will be the featured speaker. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Gardner reported that the Coastal Bay Water Committee is working on a Water Quality Master Plan which will list all of their various projects. Council Member Curry reported that the Finance Committee held it's first meeting with the benchmarking and measurement consultants and invited Council to the future meetings so they can be fully informed. Mayor Selich reported that the Marina Park Committee is working on refining the plan based on the comments that were received from the concept plan and they have a subcommittee to work with the users to come up with scope of how operations would function in the park when it is completed. XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT Volume 58 - Page 399 City of Newport Beach City Council Minutes February 12, 2008 XVIII. 15. PLANNING COMMISSION AGENDA FOR JANUARY 81, 2008. 1100 -20081 S17. PLANNING COMMISSION AGENDA FOR FEBRUARY 7, 2008. [100 -20081 Planning Director Lepo reported on the following items; Hoag Memorial Hospital Presbyterian (PA2007 -073) - One Hoag Drive; and Arches Grill (PA2007 -146) - 508 29th Street. 16. CITY MANAGER'S PROPOSED ASSIGNMENT OF SCHEDULES AND RESOURCES TO THE CITY COUNCIL'S ESTABLISHED 2008 PRIORITIES. [100 -20081 City Manager Bludau utilized a PowerPoint presentation with results from the January 12th meeting and stated that Council decided on seven priorities and then added five priorities from 2007. The twelve priorities established for accomplishment in 2008 (in no particular order) are: the new city hall, update of the Facilities Financing Plan (FFP), implementation of new group residential Ordinances, preparation and implementation of a Water Quality Master Plan (WQMP), benchmarking to measure organizational effectiveness, appraisal of the Banning Ranch Property and funding, implementation of an effective Traffic Management Plan, minimizing the adverse impacts of John Wayne Airport, aligning the City's codes with the General Plan, providing more public parks and recreation facilities, implementation of an effective communication plan, and development of a process to regularly review and update city fees. He gave a proposed timeline of the work that needs to be completed to accomplish each priority. In response to Council's questions, City Manager Bludau stated that the OASIS and City Hall are the biggest construction projects for the next year. The thought is that the Finance Committee will make recommendations to Council on a regular basis as to the funding, when projects will start and the bundling of projects and bi- monthly reports will be presented. Benchmarking decisions will be made by the full Council after a recommendation has been made by the Finance Committee and there will be a three month timespan as the consultants work with various departments. Council Member Webb suggested that there be talks with several appraisers before RFQ's are obtained to find out the type of appraisal that would be apppropiate for the purchase of Banning Ranch. In response to Mayor Selich's question, Public Works Director Badum stated that the City will apply for Measure M money from Caltrans for phase two and three of the Traffic Management Plan under the current program to run at the same time to maximize the amout of money the City can obtain. Council Member Henn asked if phase four could include the Balboa Peninsula to be used for emergency exits. In response to Mayor Pro Tem Daigle's question, Public Works Director Badum stated that switching the new traffic control equipment to a new City Hall location is not a big issue and could be done with no problem. In response to Council Member Webb's question, City Manager Bludau stated Volume 58 - Page 400 City of Newport Beach City Council Minutes February 12, 2008 that the City needs to focus on minimizing impacts from the airport. Council Member Daigle indicated that the new Public Information Manager will provide residents with information about what the City is doing in regard to the airport issues. In response to Mayor Pro Tem Daigle's question, Public Works Director Badum stated that the bid for the Marina Park restroom can be moved to May. In response to Mayor Selich's question, City Manager Bludau stated that the timeline to update city fees will change in regard to possible introduction and adoption of amendments to the Cost Recovery Ordinance. Dolores Otting suggested that the City provide residents with information about the future use of the current City Hall site after the employees are moved out and suggested that the location be used for a community center and police substation. She also suggested that a committee be formed to include Measure B supporters and opponents to ease the division. Council adjourned to close session at 10:15 p.m. and reconvened at 10:35 p.m VI. CLOSED SESSION - Council recessed to Closed Session at 10:16 pan. and reconvened at 10:35 p.m with all members present. XDL MOTION FOIE RECONSIDERATIQN - None M ADJOURNMENT - Adjourned at 10:37 p.m in memory of Virginia Herberts The agenda for the Regular Meeting was posted on February 6, 2008, at 1:40 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 February 8, 2008, at 11:60 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. peal Vim, Wa� City Clerk Volume 58 - Page 401