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HomeMy WebLinkAbout01/12/2010 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 12, 2010 — 7:00 p.m I. STUDY SESSION - 3:80 p.m. II. CLOSED SESSION A. Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9(a)): Eleven matters: 1. Group Homes Matters: Five matters all arising out of the Group Homes litigation brought against the City, as follows: a. Cross -Claim Against Morningside Recovery as the only remaining portion of the Concerned Citizen's v. City of Newport Beach, U.S. District Court Case No. SACV 08- 00192 -JVS (R.NBx) b. Sober Living By The Sea v. City of Newport Beach, U.S. District Court Case No. SACV 08 -00200 JVS (RNBx) C. City of Newport Beach v. Morningside Recovery, Orange County Superior Court Case No.07CC11694 d. Pacific Shores v. Newport Beach, U.S. District Court Case No. SACV 08 -00457 AG (PLAx) e. Newport Coast Recovery v. City of Newport Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx); 2. Group Homes Matters: Six matters all arising out of the Group Homes investigation brought against the City, as follows: a. Pacific Shores v. Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09 -08- 0592 -8 b. Newport Coast Recovery v. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0713 -8 C4 Paul Murdoch v. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09-09- 0831 -8 d. The Kramer Center v. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09- 09- 0833 -8 e. Oxford House v. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0830 -8 Volume 59 - Page 865 City of Newport Beach City Council Minutes January 12, 2010 f. Yellowstone v. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09- 09- 0834 -8 B. Conference with Real Property Negotiator (Government Code § 64956.8): Three Parcels of Real Property: 1. Property: 608 E. Balboa Boulevard - City Negotiator: Sharon Wood - Negotiating Parties: Levon Gugasian - Under Negotiation: Consideration of acquisition of property 2. Property: Access Road to Sunset Ridge Park - City Negotiators: Ed Selich, Steve Rosansky and David Webb - Under Negotiation: Acquisition of easement for access to proposed Sunset Ridge Park 3. Property: Coast Highway in Front of China Palace Restaurant - City Negotiator: Sharon Wood and David Webb - Negotiating Party: Jack Mau - Under Negotiation: Acquisition of Public Right of Way for PCH Expansion C. Conference with labor negotiators (Government Code § 64957.6): Agency Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy, Human Resources Director Employee Organization: Multiple Newport Beach associations- Lifeguard Management Association (LMA), Newport Beach Firefighters' Association (NBFA), Police Management Association (PMA), Police Employees' Association (PEA) and Fire Management Association (FMA) D. Public Employee Performance Evaluation (Government Code § 64967(b) (1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of two public employee(s). 1. Titles: city Clerk; City Attorney; and City Manager III. ER CESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle VI. CLOSED SESSION REPORT - No reportable action. VII. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Henn VIII. INVOCATION - Reverend Robert Jordan Ross, Newport Universalist Society DL PRESENTATION State and National Library Awards Presentation - Library Director Cowell provided a PowerPoint presentation relative to the Corona del Mar Branch Library that included the California Library Association Performance Recognition Excellence Award for 50 years of Volume 59 - Page 366 City of Newport Beach City Council Minutes January 12, 2010 service, the library's public relations goals, revitalization of the Corona del Mar branch, the Golden Memories website, scrapbook, and anniversary VIP reception. She discussed the children storytime program and other library programs, media coverage, and what's in store for the future. She thanked Council, presented the Certificate of Recognition to Mayor Curry, and noted that the community is using all library facilities. 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 ITEM) In response to Council Member Daigle's question, City Attorney Hunt provided an update on the nuisance litigation, notices, and agreements relative to the property on Coast Highway and Dover. He stated that some of the lots are in the process of being sold. Council Member Selich provided information from the 1954 budget and highlighted the pay scale for some of the staff positions. Mayor Curry announced that Restaurant Week will be held January 22 - 28 and encouraged residents to participate. He also announced that on Saturday, a goal setting session was conducted in order to set the City's 2010 priorities. XIL CONSENT CALENDAR A. READING OF 40NUTESIORDINANCES AND RESOLUTIONS i. MINUTES OF THE ADJOURNED REGULAR MEETING OF DECEMBER 2, 2009 AND THE REGULAR MEETING OF DECEMBER 8, 2009. 1100 -20101 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 the City Clerk to read by title only. B. ORDINANCE FOR ADOPTION 3. COST RECOVERY ORDINANCE (CHAPTER 8.86). (100 -20101 Adopt Cost Recovery Ordinance No. 2009 -32, amending Chapter 3.36 of the Newport Beach Municipal Code. C. RESOLUTION FOR ADOPTION 4. A TEMPORARY EXTENSION OF THE LENGTH OF TIME PERMITTED FOR THE DISPLAY OF PROMOTIONAL TEMPORARY BANNERS. 1100-20101 Adopt Resolution No. 2010 -1 allowing businesses to display promotional temporary banners for 120 days per calendar year through December 31, 2010. D. CONTRACTS AND AGREEMENTS 6. PLAYGROUND RESILIENT SURFACE RENOVATION - APPROVAL OF CHANGE ORDER FOR CONTRACT NO. 4228. 1281100 -20101 a) Volume 59 - Page 867 City of Newport Beach City Council Minutes January 12, 2010 Authorize the Public Works Director to raise the percentage change order allowance to 45 percent and approve Change Order No. 2 in the amount of $19,889.10, which provides for the replacement of resilient playground surface at Peninsula Park; and b) approve Budget Amendment No. BA10- 026 transferring $6,000.00 from General Fund Account No. 7015- C4002004 (Eastbluff Park Playground Equipment) to ADA Playground Resurfacing & Accessibility Improvements Account No. 7015- C4002008. 7. OASIS SENIOR CENTER - AUDIO & VISUAL SYSTEMS AWARD OF CONTRACT NO. 4414. [381100 -20101 a) Approve the project plans and specifications; b) award Contract No. 4414 to Cibola Systems for the total bid price of $241,562.00 and authorize the Mayor and the City Clerk to execute the contract; and c) establish a construction contingency amount of $24,438.00, approximately 10 percent, to cover the cost of unforeseen work. 8. APPROVAL OF SOLE SOURCE PURCHASE FOR OUTDOOR FURNITURE AT THE OASIS SENIOR CENTER (C- 4450). [38/100- 20101 Approve a sole source purchase from Outdoor Design Studio to supply the newly constructed OASIS Senior Center with outdoor furniture in an amount not to exceed $76,174.00. 9. AUTHORIZATION TO RETAIN TOM ROSSMILLER (RETIRED EMPLOYEE) ON A PART -TIME BASIS (C-4034).[38,/100-20101 Authorize the City Manager and City Clerk to execute Amendment No. 1 to the Professional Services Agreement for part -time work associated with Newport Bay for a not to exceed cost of $23,000. 10. AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS WITH CONSULTING FIRMS PROVIDING SERVICES RELATED TO NEWPORT BANNING RANCH DEVELOPMENT (C -4168) (C -4163) (C- 4033) (C- 4687), [38 1100 -20101 Receive and file. 11. HARBOR PATROL MOORING ADMINISTRATION - INTERIM MONTH TO MONTH AGREEMENT WITH ORANGE COUNTY SHERIFF'S HARBOR PATROL (C- 2241). [381100 -20101 Authorize the City Manager to extend the Harbor Patrol contract for mooring administrative services on a month -to -month basis for $24,166.67 per month. E. MISCELLANEOUS 12. APPOINTMENTS TO THE ECONOMIC DEVELOPMENT COMMITTEE. [100 -20101 a) Appoint David P. Hsiang to fill the At -Large vacancy; and b) appoint Kimberly A. Van Natta to fill the Fashion Island/Newport Center vacancy. 13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE CROWLEY FAMILY FOUNDATION FOR LIBRARY SERVICES AND APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY 2009/10. [100 -20101 Approve Budget Amendment No. 10BA -023 to increase revenue estimates by $7,500 in Account No. 4010- 5901, (Private Donations and Contributions) and to increase expenditure appropriations in 4093 (Designated Gifts) accounts by the same amount due Volume 59 - Page 368 City of Newport Beach City Council Minutes January 12, 2010 to the receipt of funds from the Crowley Family Foundation. 14. APPOINTMENTS BY THE MAYOR TO THE COUNCIL/CITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. [100 -20101 Confirm the appointments outlined in the staff report. , 15. CITY WIDE STREET SWEEPING: REQUEST FOR PROPOSAL. [100- 20101 a) Approve the Street Sweeping Request for Proposal (RFP) document for distribution to the list of contractors on file with the General Services Department; and 'b) authorize staff to return to Council with a recommendation on how street sweeping services are to be provided and a selected firm, if appropriate. 16. CIVIL SERVICE BOARD'S RECOMMENDATIONS AFTER COMPLETION OF THE POLICE MANAGEMENT ASSOCIATION'S REQUEST OF AN INVESTIGATION INTO THE PROMOTIONAL PROCESSES OF THE POLICE DEPARTMENT. [100 -20101 a) Accept the recommendations of the Civil Service Board as set forth in Civil Service Board Resolution No. 2009 -02 from its December 7, 2009 meeting; and b) direct staff to present the recommendations to the Charter Update Commission for consideration of Civil Service System modernization. 17. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES FOR FISCAL YEAR 09110. [100 -20101 Approve Budget Amendment No. IOBA -027 to increase expenditure appropriations by $11,644 in Division 4060, Literacy, and to increase revenue estimates for the same amount in Account No. 4010 -4832, California Library Literacy Services. 521, EARLY RETIREMENT INCENTIVE. [661100 -20101 a) Approve Budget Amendment No. IOBA -024 reducing department operating budgets by $1,850;000 and increasing fund balance by $1,850,000 to recognize Fiscal Year 2009 -10 savings associated with the Early Retirement Incentive Program (ERIP); b) approve Budget Amendment No. IOBA -025 increasing expenditures in the Compensated Absence fund by $938,520 from unappropriated Compensated Absence Fund Balance to provide funding for the Early Retirement Incentive Program for FY 2009 -10; and c) approve annuitization of the ERIP program through Pacific Life and delegate the City Manager to approve and execute implementing documents. Council Member Daigle noted that the City submitted a revised Eelgrass Management Plan to the Federal Government (Item 9). Regarding Item 14, Council Member Gardner stated that the Task Force on Green Development should be removed from the list because the Committee has sunsetted. Mayor Curry announced that Ken Drellishak will be reappointed for a short -term as the Chair of the Environmental Quality Affairs Committee (EQAC). Regarding Item 15, Council Member Rosansky clarified that the Request for Proposal (RFP) for street sweeping is bi- weekly. Volume 59 - Page 869 City of Newport Beach City Council Minutes January 12, 2010 Regarding Item 4, Mayor Pro Tem Henn noted that the Economic Development Committee (EDC) initiated the relaxed requirement for posting banners to allow flexibility for business promotions. Regarding Item 11, he noted that the City will be looking at RFPs for mooring services because of the increase in fees the City had incurred from the Orange County Sheriffs Department. Motion by Mayor Pro Tem Henn, seconded bv_CounciI Member Rosansky to approve the Consent Calendar, except for the items removed (5 and 18); and noting the correction to remove the Task Force on Green Development from Item 14. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle IOII. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. BAYVIEW WAY - ENCROACHMENT OF NONSTANDARD IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY. 1100-20101 In response to Council Member Gardner's question, Public Works Director Badum stated that there will be six time- limited spaces that will only be used for coastal access. Assistant City Manager Wood stated that there is no loss of parking spaces. Motion by Council Member Gardner, seconded by Council Member Webb to a) approve the applicant's request to install, maintain an use non - standard improvements which include, but are not limited to, in striping, traffic delineators,, temporary directional signage, vehicle staging, valet operations, shuttle vehicle drop -off and pick -up and other appurtenances within the Bayview Way right - of -way adjacent to 3300 Jamboree Road; and b) authorize staff to execute an encroachment permit and. encroachment agreement for the non - standard improvements in the public right - of-way on Bayview Way adjacent to 3300 Jamboree Road. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 18. CHARTER UPDATE COMMISSION: APPOINTMENT OF AD HOC COUNCIL SUBCOMMITTEE TO REVIEW APPLICATIONS. (100 -20101 Mayor Curry stated that 14 applications were received and noted that the Committee decided to advance all applications to Council. Council will appoint the seven members at the January 26 meeting. He directed the City Attorney to bring back to Council a resolution that would provide meeting flexibility. Motion by Mayor Curry, seconded by Council Member Webb to approve the Mayor's appointment of Mayor Curry, Council Member Webb, and Council Member Selich to the Ad Hoc Subcommittee to review the Charter Update Commission applications. The motion carried by the following roll call vote: Volume 69 - Page 370 City of Newport Beach City Council Minutes January 12, 2010 Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Pro Tem Henn welcomed David Hsiang and Kim Van Natta to the EDC. He stated that Gary Sherman of Visit Newport Beach provided a report to the Economic Development Committee (EDC) that showed a consistent recovery in hotel business since June. XV. PUBLIC COMMENTS - None XVI. PUBLIC HEARINGS 19. MEGONIGAL RESIDENCE (PA2007 -133) - 2333 PACIFIC DRIVE - MODIFICATION PERMIT NO. MD2007 -080. (68/100 -20101 Senior Planner Campbell provided the staff report and a PowerPoint presentation that included the topography and photos. He noted that staff prepared an Environmental Impact Report (EIR), indicated that Council will need to decide if the project has a significant impact on public views, and stated that staff recommends that Council certify the EIR. In response to Mayor Pro Tem Henn's question, Senior Planner Campbell verified that the EIR is paid for and managed by the City, but is refunded by the applicant. He clarified that the view simulation in the report is not accurate, but the simulation included in the PowerPoint is the correct simulation. City Attorney Hunt provided the background for certifying an EIR, Council's role in the process, the standards from a legal perspective, and the nature of substantial evidence. Kim Megonigal, applicant, provided a history of the process that he has gone through to get the project approved by the Planning Commission and noted that he has done everything that the City has asked him to do. He urged Council to approve the project and thanked Council for their consideration. David Olsen, architect, showed a video depicting the area, photos, zoning, schemes, and history of the project. Mayor Curry opened the public hearing. Kent Jaggers provided a petition against the plan and expressed concern that the project obstructs the public's view. He believed that the home should conform to the General Plan and suggested that the plans be changed to move the garage entrance to Bayside Drive. Michael Gayner expressed support for the project. Ann Boldersten provided photos of the current view and hoped that the City would provide a solution. Dan Spletter believed that the home will obstruct views from the park. Walter Kruttenan believed that the applicant should be required to relocate the Volume 59 - Page 871 City of Newport Beach City Council Minutes January 12, 2010 garage and suggested other solutions relative to the home. He provided photos and a copy of an existing encroachment agreement that could be used as another option for the garage and driveway. Dewain Campbell expressed support for the plans. Katy Tackes expressed concern that not abiding by the General Plan will set precedence and believed that the value of homes in the area will be impacted. Karen Fleming expressed concern that the views will be impacted and the value of homes in the area will decrease. She suggested that the garage be moved to a location that would not impact views. Tom Takus expressed concern about the view impact and asked Council to protect the community. John Clark expressed concern about the view impact and urged Council to consider other alternatives. Larry Tucker expressed support for the project and noted that the Planning Commission unanimously approved the project. He discussed the General Plan and Land Use designations. Scott Plesimorez expressed concern that the view impact is significant and urged Council to accommodate the current residents. Julie Sherwin indicated that she hoped that there is a way to compromise and believed that the Planning Commission's decision is based on judgment. Jeff Woodman expressed concern that the view will be impacted and asked Council to consider the concerns of the residents. John Schaefer believed that the park is not used much and indicated that only a small number of residents are impacted. He urged Council to make a decision quickly- Mark Simon believed that some views will he entirely lost and asked for a compromise. Laura Catalino expressed support for the project. Robert San Miguel expressed support for the project. Joanne Sweig believed that the applicants should compromise. Suzanne Kai expressed concern that the view will be obstructed. Ken Logan believed that an alternative plan should be considered. Peter Gunderson suggested that Council approve the project. Kelly Neff believed that Council should abide by the General Plan and asked Council to consider alternatives to protect land use rights. Hearing no further testimony, Mayor Curry closed the public hearing. Volume 59 - Page 872 City of Newport Beach City Council Minutes January 12, 2010 Mr. Megonigal stated that the park will still have a view and emphasized that his plans comply with the General Plan. He urged Council to allow him to build his house as planned. Senior Planner Campbell noted that the view from Begonia Avenue is not protected by the General Plan, stated that lower access from Begonia is considered as a less safe alternative, indicated that the house will not meet all of the applicant's objectives, and believed that the entire view is not significantly obstructed. He also verfied that, although the view from the park bench on Begonia Avenue is approximately 35% obstructed, the percentage of view obstruction is less when viewed from the other vantage points in the park. In response to Council Member Rosansky's question, Senior Planner Campbell explained that the project went through the Planning Commission process because of the potential impact to the public views and because it is considered a discretionary project. He indicated that Council Policy K -3 authorizes the project to be considered a discretionary project and is subject to environmental review. Assistant City Manager Wood reminded Council that they can certify the EIR without approving the project. In response to Mayor Pro Tem Henn's questions regarding alternatives, Senior Planner Campbell stated that the applicant would have to use the existing driveway or a separate driveway on Bayside Drive, but that was deemed unsafe and the bluff would need to be graded in order to build the basement level. Further, it would be difficult to install an elevator and stated that he is not sure that the applicant will get the same view. Public Works Director Badum stated that City Traffic Engineer Brine found that having the driveway on Pacific Drive is safer. He indicated that the existing driveway is built with an encroachment agreement and stated that the driveway will need to have enough space to allow the applicant enough of a turning radius to advance into the garage. He provided a sketch that showed an alternative, but pointed out that it would take some of the park away. In response to Council Member Webb's question, Public Works Director Badum stated that the driveway can be realigned if park land is given up and reiterated that Pacific Drive is safer than Bayside Drive. Council Member Webb believed that the view is of great significance and stated that if access from Bayside Drive can be retained, then that is the direction Council should go. In response to Mayor Pro Tem Henn's question, City Attorney Hunt stated that the General Plan does not require Council to prevent any view impairment and indicated that would be a CEQA issue. He noted that there is substantial evidence on both sides of the issue and advised that Council can consider the entire impact of the view, including from various vantage points. City Attorney Hunt assured Council that they would not be taking away. any private property rights and indicated that Council could certify the EIR to change the finding, certify the EIR to be complete, or deny the project which will force the applicant to come up with an alternative solution or abandon the project. Council Member Gardner stated that the General Plan refers to public views, indicated that only one vantage point should be considered, and believed that Volume 59 - Page 378 City of Newport Beach City Council Minutes January 12, 2010 30% view impact is significant Council Member Selich believed that the project will not significantly impact views and commended the Planning Commission on their work to mitigate the project. Council Member Daigle concurred with Council Member Selich. Mayor Curry expressed appreciation for resident comments, stated that the other alternative was deemed unsafe, believed that the current plan is appropriate, and proposed that the applicants be allowed to build a home on their property. Mayor Pro Tem Henn reiterated that access from Bayside Drive is not safe, indicated that the General Plan. also preserves the entitlement of people who own property to use it and enjoy it, and believed that the view impairment does not rise to a level of significance to invalidate the project. Motion by Council Member Selich. seconded by or Pro Tem Henn to a) adopt Resolution No. 2010 -2 certifying the Megonigal Residence Environmental Impact Report (SCH #2009051043) and adopting a Mitigation Monitoring and Reporting Program; and b) adopt Resolution No. 2010 -3, approving Modification Permit No. 2007.080 subject to findings and conditions. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Daigle Noes: Council Member Webb, Council Member Gardner' XVII. CURRENT BUSINESS 20. RESOLUTION NO. 2010 -4: FISCAL SUSTAINABILITY PLAN. Mayor Curry stated that Council discussed the Fiscal Sustainability Plan on Saturday, January 9. He noted that the City will be managed appropriately and indicated that there are 15 principles that address preserving economic and fiscal stability, living within the City's means and not drawing down reserves, and managing the community better. He commended City Manager Kiff for outlining the information and Council Member Gardner commended Mayor Curry for proposing the document. City Manager Kiff asked that the resolution be amended to change the number of principles from 14 to 15 and change Facilities Replacement Plan to Facilities Financing Plan. Motion by Council Member Gardner, seconded by Council Member Webb to adopt Resolution No. 2010 -4 relating to a Fiscal Sustainability Plan for the City of Newport Beach. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle Volume 59 - Page 374 City of Newport Beach City Council Minutes January 12, 2010 XVIII. MOTION FOR.RECONSIDERATION - None XIV. ADJOURNMENT - Adjourned the meeting at 9:82 p.m. in memory of Oral Roberts, Roy Disney, Nancy Bergeson, Bill Grundy, George Bissell, and Harriet Weider. The agenda for the Regular Meeting was posted on January 6, 2010, at 5:00 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 8, 2010, at 4:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 44� City Clerk e rdin ecretary Mayor Volume 59 - Page 375