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HomeMy WebLinkAbout08/12/2008 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting August 12, 2008 — 7:00 p.m. I. STUDY SESSION - Cancelled II. CLOSED SESSION - 5:15 p.m. III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner VI. CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIANCE - Council Member Rosansky VIII. INVOCATION - Reverend Dr. Dennis Short, Harbor Christian Church IX. PRESENTATIONS Presentation of Plaques to Outgoing Board and Commission Members - Mayor Selich presented plaques to Byron "Bill" Williams, Arlene Cartozian, Paula Godfrey, Doug Wood, Debra Allen, and Jeffrey Cole for their work on various boards and commissions. International Literacy Day Proclamation - Mayor Selich read the proclamation and presented it to Terri Buckley. Mr. Buckley thanked Council for their support and invited them to attend the International Literacy Day festivities on September 4. Conference and Visitors Bureau Industry Accreditation from Destination Marketing Accreditation Program - Mayor Selich commended the Newport Beach Conference and Visitors Bureau for their successful efforts in becoming the first West Coast City to achieve the accreditation. Gary Sherwin thanked Council and introduced his colleagues. X. NOTICE TO THE PUBLIC XI. CITY_ COUNCIL ANNOUNCEMENTS OR MATTERS „WHIC.H COUNCIL MEMBERS WOULD LIKE. PLACED ON A FUTURE, AGENDA FOR_ DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM): In response to Council Member Gardner's question, Assistant City Manager Wood stated that the proposed styrofoam ordinance will be discussed at a study session in September. Council Member Gardner clarified that the email circulated in Newport Beach about an arrest involving a group home was a rumor. Volume 58 - Page 558 City of Newport Beach City Council Minutes August 12, 2008 Council Member Curry stated that the 1/1 Marines Memorial was vandalized and asked staff to come up with a strategy to monitor and protect public art in the City. Council Member Henn stated that he appreciated the siren he encountered while on vacation in Chicago because it warned everyone of potential dangers. Council Member Henn thanked the Police Department for their work during an incident that resulted in the arrest of gang members. He emphasized that a clear message was sent that violence is not welcome in this City. Mayor Selich stated that the City embarked on a parking management study for impacted areas of the City and announced that Balboa Island will hold a two part meeting on Wednesday, August 27, starting at 6:00 p.m., at the Beek Center (115 Agate Avenue). He asked staff to provide public notice. City Manager Bludau announced that there will be no meeting on August 26. XII. CONSENT CALENDAR A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF JULY 22, 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. B. ORDINANCE FOR ADOPTION 3. ORDINANCE TO REPEAL CHAPTER 1.30, ELECTION CAMPAIGN DOCUMENTS, OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC). [100 -20081 Adopt Ordinance No. 2008.15 repealing Chapter 1.30 of the NBMC. (Council Members Rosansky and Curry abstained on this Item) C. RESOLUTION FOR ADOPTION 4. ACCEPTANCE OF TWO OFFERS TO DEDICATE (OTDs) OPEN SPACE EASEMENTS. 1100 -20081 Adopt Resolution No. 2008 -75 accepting two easements securing tidelands as open space within Newport Bay. D. CONTRACTS AND AGREEMENTS 5. AGREEMENT WITH TRUGREEN LANDCARE, LLC FOR THE LANDSCAPE MAINTENANCE OF CITY PARKS AND FACILITIES (contd. from 7/8/08 and 7/22/08) (C- 3880). [381100 -20081 a) Approve a two -year agreement with TruGreen Landcare, LLC, of Gardena, for the landscape maintenance of City parks and facilities at a coast of $852,000 per year; and b) approve a budget amendment (09BA -004) in the amount of $145,443 from General Fund Unappropriated Reserves, to fund the increase in cost over the expiring contract for the remainder of the fiscal year. 6. OCEAN PIERS REPAIRS - AWARD OF CONTRACT (C- 3973). [381100 -20081 a) Approve the project drawings and specifications; b) award the contract (C -3973; to AIS Construction Co. for the total bid price of $659,445.02, and authorize the Volume 58 - Page 559 City of Newport Beach City Council Minutes August 12, 2008 Mayor and the City Clerk to execute the contract; c) establish an amount of $66,000 (10 %) to cover the cost of unforeseen work; and d) approve a budget amendment (09BA -006) transferring $47,500 from unappropriated Tidelands Fund balance to 7231- C4801001 (Ocean Pier Repairs). WESTCLIFF STREET LIGHT REPLACEMENT - AWARD OF CONTRACT (C- 3868). [381100 -2008] a) Approve the project plans and specifications; b) award the contract (C -3868) to KDC, Inc., dba Dynalectric, Inc. for the total bid price of $680,170, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $68,000 to cover the cost of unforeseen work. 8. CASTAWAYS PARK MARINES 1/1 MONUMENT - COMPLETION AND ACCEPTANCE (C- 3985). (381100 -2008] a) Accept the completed contract 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 with applicable portions of the Civil Code; and d) release the Faithful Performance Bond one (1) year after Council acceptance. 9. BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET - COMPLETION AND ACCEPTANCE (C- 3778). (381100 -2008] a) Accept the completed contract work; b) approve a budget amendment (09BA- 005) appropriating $42,787.23 from the unappropriated General Fund to the Buck Gully Wetlands and Maintenance Road Repairs Project, Account No. 7014 - 05100659 to cover the final progress payment; c) authorize the City Clerk to file a Notice of Completion; d) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded with applicable portions of the Civil Code; and e) release the Faithful Performance Bond one (1) year after Council acceptance. E. MISCELLANEOUS 10. RESPONSE TO GRAND JURY ON "WATER BUDGETS, NOT WATER RATIONING." [100 -2008] Approve the response letter to the Grand Jury report on "Water Budgets, Not Water Rationing" and authorize the Mayor to submit the report to the Presiding Judge of the Superior Court pursuant to Penal Code 93305.05 (a) and (b). MII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None Motion by Mayor Pro Tern Daigle to approve the Consent Calendar; and noting that Council Members Rosansky and Curry abstained on Item No. 3. 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 XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Curry stated that he and Council Member Rosansky attended Shakespeare by the Sea and he commended the Arts Commission for their work with the program. XV. PUBLIC HEARINGS 11. FEE RESOLUTION AND MASTER FEE SCHEDULE. (100 -2008] Volume 58 - Page 560 City of Newport Beach City Council Minutes August 12, 2008 City Manager Bludau requested that the item be continued to the September 9 City Council meeting. Motion by Council Member Webb to continue the item to the September 9 City Council meeting. 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. HOUSING ELEMENT UPDATE - GENERAL PLAN AMENDMENT NO. 2008 -003 (PA2008 -078). 1681100 -20081 Linda Tatum, PBS &J, utilized a PowerPoint presentation to discuss the Housing Element, State HCD (Housing and Community Development) review of the Element, benefits of a State Certified Housing Element, the process, comments on the draft Housing Element, 2006.2014 and 1998 -2005 RHNA (Regional Housing Needs Assessment) numbers, potential development areas, historical housing accomplishments, and key housing programs. In response to Council questions, Ms. Tatum and Assistant City Manager Wood stated that the expedited review of housing and waiver of fees is subject to a discretionary process. They stated that the HCD is not concerned with possible build out because there is always an opportunity for redevelopment and the recycle of land. They noted that the housing requirements that were created for Bonita Canyon and Newport Coast were done prior to annexation and that the City's calculations differ from the Kennedy Commission because staff used the net new units, not total number of units of permits issued. They also noted that the affordability standard is set by State Health and Safety Codes and that there is no evidence that having a zoning inclusionary policy increases or decreases the affordability of units. Patricia Harrigan, Newport Beach Housing Coalition, read a letter expressing their concerns about there being no development standards for low and very low income residents, the lack of policies or implementation plans to facilitate the development of homes, how zoning is not updated for low income; and that the program remains a policy and not an ordinance. Joseph Boyle believed that the City's real challenge is political will to construct new units for the lower income residents. He believed that the City has helped seniors, but the real need is for low income family units. Jean Forbath believed that zoning should be changed and hoped that the City would take an active and supportive role to take care of the homeless and build shelters. Ezequiel Guiterrez, Attorney for Public Law Center, pointed out that special needs housing is a part of the planning process and that there is a need for emergency and transitional shelters. He believed that homeless issues should not be handled on a jurisdictional basis. Beverly Schuberth, Kennedy Commission, expressed concern that the draft Housing Element will not meet State requirements. Volume 58 - Page 561 City of Newport Beach City Council Minutes August 12, 2008 Motion by Mayor Pro Tern Daigle to submit the draft 2008 -2014 Housing Element to the State Department of Housing and Community Development The motion carried by the following roll call vote: Ayes: Council Member Henn, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Absent: Council Member Rosansky XVI. PUBLIC COMMENTS John Taussig requested that a hearing be conducted to review the poor quality of service received from Time Warner Cable and to listen to the magnitude of problems that residents encounter. Mary Bryant, Board of Directors for West Newport Beach Association (WNBA), submitted a letter about a WNBA meeting regarding the settlement agreement with Sober Living by the Sea (SLBTS). She stated that they unanimously voted to oppose the proposed settlement terms because there should be a greater dispersement of the group homes throughout the City and they are against the potential increase of licenses for six bed facilities in the West Newport, Lido Peninsula, and Newport Shores areas. XVIL PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 13. PLANNING COMMISSION AGENDA FOR AUGUST 7, 2008. Planning Director Lepo reported on the following items: North Newport Center TPO (PA2008 -126); and Housing Resources LLC, Fritz Duda (PA2008 -080). XVIII. CONTINUED BUSINESS 14. COUNCIL REVIEW AND APPROVAL OF CITY STAFF BENCHMARKS AND PERFORMANCE MEASURES. Craig Rapp, ICMA, stated that the City has reached a major milestone in this project. He noted that the performance measurements are tools and that it is important to understand how departments will use the tool and how it will be compared. Public Works Administrative Manager Pollard provided a report that included the proposed measures and evaluative criteria for her department. Public Information Manager Finnigan provided a report that included the proposed measures and evaluative criteria for public information. She noted that the overall purpose of benchmarking is to ensure that everyone is well informed of what the City is doing. Fire Marshal Bunting provided a report that included the proposed measures and evaluative criteria for the Fire Prevention Division. He stated that the benchmarking system has helped his department produce goals that will satisfy customers. Council Member Curry stated that the benchmarking process is a key element towards enhancing the capability of the organization and is an essential element of becoming a best -in -class organization. He commended the Finance Committee and staff on their diligence and work on the program. In response to Council Member Gardner's questions, staff stated that not all Volume 58 - Page 562 City of Newport Beach City Council Minutes August 12, 2008 benchmarking measures will be compared to outside communities. Benchmarking can be a tool used to compare against how things were done in the past verses how things are done now. The department will benchmark against themselves and will be more specific with issues that are within the City's control. Mayor Pro Tem Daigle stated that police investigations done by patrol officers should be separated from investigations done by detectives and that the plan check measure will use medians instead of averages. City Manager Bludau stated that ICMA will continue to work with staff and that there are three phases - customer satisfaction survey, benchmarks, and identified processes. Mr. Rapp stated that a report will be generated and provided to Council to compare the overall general statistics with other benchmarking cities. He reported that they will continue to help staff with training and data analysis to make sure that projects are maintained over time. Council Member Henn stated that there is a need to balance two kinds of measurements. Internal measurements are time series to compare services from prior years to present, is a tool used to see if the City is heading in the right direction, and will be used to see if services are better. The external measure is used to stimulate ideas for new and different ways to achieve better outcomes. Motion by Council Member Curry to approve the thirty (30) benchmarks and numerous performance measures with amendments to the City Attorney's, water quality, and police investigations benchmarks, in order to move toward to the next step of the benchmark process, which is data gathering for comparison purposes. 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 XIX. CURRENT BUSINESS 15. REQUEST FROM PELICAN COAST EVENTS LLC FOR WAIVER OF COUNCIL POLICY B-8. Acting Recreation and Senior Services Director Levin asked Council to deny the waiver of Council Policy B -8, which would allow the 2009 Pacific Coast Triathlon to apply for a Special Event Permit for July 2009. He stated that the greatest impact would be to the Crystal Cove Cottages and the Newport Coast Marriott Villas. He added that the Fire Department is concerned with the effects on emergency response time. Council Member Rosansky stated that there is not much disruption/impact on residents and noted that they are asking for the change to allow for a national qualifying event. He stated that there is no significant demand from the Police Department and that Pelican Coast Events has proven themselves as a good operator. City Attorney Clauson clarified that this is a one -time change for a world class qualifying event, therefore it will not set precedence. Council Member Gardner recommended that the promoters be responsible for the outreach program to the Crystal Cove Cottages and Newport Coast Marriott Villas to let them know Volume 58 - Page 563 City of Newport Beach City Council Minutes August 12, 2008 about the impacts In response to City Manager Bludau's question, Sergeant Fischbacher stated that traffic backup is more significant towards the end of the event. Council Member Henn requested that staff check to make sure that the event won't impact any other event. Bob Tyler, Pelican Coast Events, talked about the history of the triathlon and noted that $20,000 a year is donated to youth charities, Crystal Cove Cottages, and the Alliance. Motion by Council Member Gardner to approve Pelican Coast Events' request to waive City Council Policy B -8 - Bike, Foot Race and Surf Contest Event Policy that would allow the 2009 Pacific Coast Triathlon to apply for a Special Event Permit for July 19 or July 26, 2009, as a one -time event; and b) direct Pelican Coast Events to notify well in advance the potentially affected businesses, residential associations, and State agencies of the event, so public awareness of the event will be high. Andrew Bailey expressed support for the event and asked Council to approve the world qualifying event. 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 XX. MOTION FOR RECONSIDERATION - None XXL ADJOURNMENT - Adjourned at 9:15 p.m. in memory of Christopher Laurie and Jean Oleson. The agenda for the Regular Meeting was posted on August 6, 2008, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. � U Al City Clerk e, Mayor Volume 58 - Page 564