HomeMy WebLinkAbout08/10/2010 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
August 10, 2010 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 4:42 p.m.
A. Conference with Legal Counsel - Existing Litigation (Government Code §
54956.9(a)): Three matters:
1. Pacific Shores o. Newport Beach, U.S. District Court Case No. SACV 08-
00457 AG (PLAx)
2. Newport Coast Recovery and Yellowstone Recovery u. City of Newport
Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx)
3. 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 (RNBx)
B. Conference with Real Property Negotiators (Government Code r 54956.8: One
matter:
Property and Property Owner/Negotiators:
1 - Street Address: (No address, property bounded by Jamboree Rd., MacArthur Blvd, &
SR 73); APN: 427 - 242.07; Owner: City of Newport Beach
2 - Street Address: 19752 MacArthur Blvd., Irvine, CA; APN: 445 - 132 -09; Owner: First
California Bank
3 - Street Address: 19742 MacArthur Blvd., Irvine, CA; APN: 445 - 132 -I1; Owner: Bates
Johnson Bldg., Ltd.
4 - Address: 19712 MacArthur Blvd., Irvine, CA; APN: 445 - 132 -18; Owner: CIP
Centerpointe 123, LLC
City Negotiator: Steve Badum, Public Works Director, and Dave Webb, City Engineer
Under Negotiation: Right of way for the Jamboree Road Improvement Project
(Jamboree Road between Bristol Street North to Fairchild Road)
C. Public Employee Performance Evaluation (Government Code § 54957(bZ(
The City Council will meet in closed session to consider the appointment, employment,
evaluation of performance, discipline, or dismissal of one public employee.
Title. City Attorney
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III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VI. CLOSED SESSION REPORT - No reportable action taken.
V. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
VII. PLEDGE OF ALLEGIANCE - Council Member Selich
VIII. INVOCATION - Reverend Robert Jordan Ross, Newport Universalist Society
IX. PRESENTATIONS
Proclamation to Sandy Segerstrom Daniels for her, work as the founder and
Executive Director of the Festival of Children Foundation and her leadership in
making September National Child Awareness Month - Mayor Curry presented the
proclamation and thanked Ms. Daniels for her hard work. Ms. Daniels thanked Council for
their support and invited residents to attend the festival at South Coast Plaza to highlight
children's charities and their programs.
Presentation of Plaques to Outgoing Boards and Commission Members - Mayor Curry
recognized and thanked Gregory Ruzicka, John Corrough, and Scott Peotter for serving the City
as a member of one of the Boards and Commissions. Mr. Ruzicka thanked Council for the
recognition and expressed appreciation for having the opportunity to serve. Mr. Corrough
thanked staff and Council for their support. Mr. Peotter stated that it was a privilege to serve
on the Planning Commission.
Recognition to Charter Update Commission Members - Mayor Curry thanked the
Charter Update Commissioners for serving the City and provided them with Certificates of
Appreciation. On behalf of the Charter Update Commission, Chairperson Bergeson thanked
Council and staff, and provided a special recognition to Mayor Pro Tem Henn for doing a superb
job.
Crystal Cove Alliance's Educational Programs - Mayor Curry read the proclamation and
presented it to Harry Helling and Laura Davick. Council Member Daigle commended the
Crystal Cove Alliance (CCA), stating that they are a great asset to the community and deserve
a lot of credit. She also commended the State Parks and Recreation for their leadership and
noted that the Pelican Hill Resort will be hosting the Crystal Cove Alliance's 8th Annual Beach
Gala Runner's and Jazz on the Beach at 6:00 p.m. on Saturday, September 25, 2010. Council
Member Webb encouraged residents to reserve cottages. Mr. Helling and Ms. Davick thanked
Council for the recognition and stated that the City's recognition raises public awareness.
Employee Recognition - City Manager Kiff recognized Council Member Webb for providing
40 years of service to the City as an employee and Council Member. Council Member Webb
thanked his family and City staff for their support.
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
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REPORT (NON- DISCUSSION ITEM)
Council Member Daigle stated that the Santa Ana Heights Fire Station has been integral to the
City, discussed the first life they saved, and expressed appreciation to all City public safety
personnel.
Council Member Gardner requested that the renaming of the new OASIS Senior Center after
Evelyn Hart be referred to the Parks, Beaches, and Recreation Commission (PB &R).
Council Member Webb announced that he attended the Arts Commission band concert and
expressed his support for continuing the event.
Council Member Selich thanked and complimented the General Services Department for
cleaning up vandalism on Balboa Island and expressed appreciation for their efforts to keep the
City clean.
Mayor Pro Tem Henn announced that the first steps were taken to plan Lido Marina Village,
Via Lido Plaza, and the City Hall site and also announced that he and the Mayor attended an
informational meeting with seven prospective bidders for the project. He briefly discussed the
project and commended the consultant.
Mayor Curry congratulated the Newport Sunrise Rotary Club for an excellent 2nd Annual
Lobsterfest and announced that there will be a "Meet the Mayor" on Saturday at 9:00 a.m. at
the Santa Ana Heights Fire Station.
XII. CONSENT, CALENDAR
A. READING OF MINUTESIORDINANCES AND RESOL UTIONS
1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETING OF
JULY 27, 2010. 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 INTRODUCTION
3. ORDINANCE NO. 2010 -14: OFF - PREMISES MASSAGE PERMITS. [100-
20101 Introduce Ordinance No. 2010 -14 relating to off - premises massage
permits, and pass to second reading on September 14, 2010.
D. RESOLUTION FOR ADOPTION
5. APPROVE A RESOLUTION DEFINING THE "ENGINEERING NEWS
RECORD - CONSTRUCTION COST INDEX" AS THE MEANS TO
ANNUALLY ADJUST THE MINIMUM CONTRACT AMOUNT
REQUIRING FORMAL BIDDING AS DEFINED IN THE CITY
CHARTER AMENDMENT BEING PLACED ON THE NOVEMBER 2,
2010 BALLOT [391100 -20101 a) Adopt Resolution No. 2010 -98 approving the
"Construction Cost Index," as developed and maintained by the "Engineering
News Record," to annually increase the minimum construction contract amount
requiring formal advertisement and bidding as a result of inflation, and
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authorize the Mayor and City Clerk, on behalf of the City Council of Newport
Beach to execute the Resolution.
E. CONTRACTS AND AGREEMENTS
6. CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
REJECT ALL BIDS FOR CONTRACT NO. 4315. [381100 -20101 Reject all
bids.
7. PUBLIC DOCK ACCESS IMPROVEMENTS - 15TH, 19TH, AND
FERNANDO STREETS - COMPLETION AND ACCEPTANCE OF
CONTRACT NO. 4110. [381100 -20101 a) Accept the completed work and
authorize the City Clerk to file a Notice of Completion; b) authorize the City
Clerk to release the Labor and Materials bond 35 days after Notice of
Completion has been recorded in accordance with applicable portions of the
Civil Code; and c) release the Faithful Performance Bond one year after Council
acceptance.
8. WEST NEWPORT LANDSCAPING PROJECT - COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 4338. [381100 -2010] a) Accept the
completed work and authorize the City Clerk to file a Notice of Completion; b)
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 c) release the Faithful Performance Bond one
year after Council acceptance.
F. MISCELLANEOUS
9. PLANNING COMMISSION REPORT FOR JULY 29, 2010 AND
AGENDA FOR AUGUST 5,2010.1100-2010] Receive and file written report.
10. CONTRACT WITH FORMER CITY EMPLOYEE, THOMAS VOTH (C-
4593). [381100 -2010] Authorize the City Manager to execute a Temporary
Employment Agreement (TEA) with a former employee, Mr. Thomas Voth, to
assist the Police Department and the Orange County District Attorney's Office
with pre -trial and trial work on the McLaughlin homicide case (NBPD Case
#94- 14897)
11. ACCEPTANCE OF 2010 -2011 STATE OF CALIFORNIA, OFFICE OF
TRAFFIC SAFETY (OTS), DUI ENFORCEMENT AND AWARENESS
PROGRAM GRANT (AL1155). [100 -2010] a) Accept grant funding from the
Office of Traffic Safety (OTS) in the amount of $222,355 to fund a Driving
Under the Influence (DUI) Enforcement and Awareness Program, as outlined
in grant number AL1155; b) approve Budget Amendment No. 11BA -002 in the
amount of $222,355 for the Police Department Budget for Fiscal Year
2010/2011 to fund the OTS, DUI Enforcement and Awareness Program grant;
and c) authorize the Administrative Services Director to establish revenue and
expenditure accounts to facilitate the administration of these grant funds.
12. TASTE OF NEWPORT BANNERS - APPROVAL OF ENCROACHMENT
PERMIT N2010 -0186. [100 -20101 Conditionally approve the request of the
Newport Beach Chamber of Commerce for the installation of 169 banners, from
August 24, 2010, to September 22, 2010, for the annual Taste of Newport.
Installation will be along Westcliff Drive, Jamboree Road, MacArthur
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Boulevard, Newport Boulevard and Coast Highway
13. STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2011.
1100 -20101 Approve the Statement of Investment Policy, as amended by the
City Treasurer and the Finance Committee, and adopt amended policy for
Fiscal Year 2011.
15. HEIGHT RESTRICTION ON KING PALM TREES AT THE OASIS
SENIOR CENTER. [100 -20101 Receive and file the attached letter placing a
height restriction on the King Palm trees at the OASIS Senior Center.
18. AMENDMENT NO. 3 TO A COOPERATIVE AGREEMENT FOR THE
ADMINISTRATION OF TOTAL MAXIMUM DAILY LOADS IN
NEWPORT BAY (TMDL) (C- 3621). [381100 -20101 Authorize the Mayor to
sign and execute Amendment No. 3 to the 2003 multi- agency Cooperative
Agreement to fund Nutrient, Fecal Coli£orm and Toxics Total Maximum Daily
Load (TMDL) Studies, Projects & Programs in the Newport Bay Watershed.
Motion by Mayor Pro Tem Henn. seconded-by Council Member Rosansky to approve
the Consent Calendar, except for Items removed (4, 14, 16 & 17).
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
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
4. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 7.04.030 OF
TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO
ANIMALS PROHIBITED ON PUBLIC BEACHES. [100 -20101
Shirley Reinker urged Council to uphold the Ordinance as previously introduced.
Mayor Curry suggested that Council refer the item back to the Parks, Beaches &
Recreation Commission for more discussion.
Greg Reinker suggested that the signage be updated and provided an example.
Melody Zia believed that dogs should be allowed on the beach with restrictions to
certain areas.
Motion by Mayor Curry, seconded by Council Member Webb to refer the item
back to the Parks, Beaches & Recreation Commission for further discussion about the
specific times, hours, and locations.
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
14. UTILITY CONNECTION GRANT PROGRAM POLICY. 1100 -20101
Economic Development Coordinator Bowden discussed the policy document associated
with the proposed Utility Connection Grant Program and provided a handout.
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Council Member Rosansky expressed support for the program if the funds are provided
to needy families, stated that the eligibility guidelines are not clear, and suggested
that the eligibility guidelines include multi - residential owners.
In response to Council Member Rosansky's question, Economic Development
Coordinator Bowden explained how applicant's assets are calculated to determine their
eligibility for the program and stated that duplex homes can be added by allowing the
owner to subsidize their primary unit and pay for the connection to the rental unit.
Following discussion, Special Projects Consultant Wood clarified that the income
eligibility will be changed to 50 %.
Motion _by_ Council Member Rosansky, -seconded by Council Member Gardner
to approve the amended policy document associated with the proposed Utility
Connection Grant Program changing the income eligibility to 50% of the Orange County
Area Median Income and allow owner - occupied duplexes to be included to the extent
that the grant will only apply to the owner occupied portion of the property, thereby
allowing staff to move forward with the creation and implementation of the program.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
16. FORMATION OF A CITIZENS BICYCLE SAFETY COMMITTEE. [100 -20101
In response to Council Member Daigle's question, City Manager Kiff stated that the
City can implement more educational programs for bicycle safety and that the first task
of the Citizens Bicycle Safety Committee is to develop a work plan with a timeline.
Council Member Gardner suggested that the Committee meet with the Police
Department. Public Works Director Badum stated that the Committee will
develop their own work plan and decide if they want to pursue revisions to the bicycle
map and develop more outreach programs. Mayor Curry stated that staff works hard to
make sure that the streets are safe and noted that the Committee will be looking
into safety enhancements.
Motion by Council Member Gardner. seconded by Council Member Webb to a)
Adopt Resolution No. 2010 -99 establishing a seven - member Citizen's Bicycle Safety
Committee to make recommendations to improve efficiency; and b) direct the City Clerk
to invite members of the public to apply to be appointed to the Citizen's Bicycle Safety
Committee.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
17. FOURTH QUARTERLY REPORT ON PERFORMANCE MEASURES. [100 -20101
Mayor Curry commended City Manager Kiff for providing an informative report that
clearly shows how the City measures performance.
City Manager Kiff thanked the City staff and Special Projects Consultant Wood for
their hard work and discussed some of the performance measures.
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Motion-by-Mayor Curry, seconded by Council Member Webb to receive and file.
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
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Gardner reported that the Harbor Commission will be bringing issues to
Council for review or direction in the next two months.
XV. PUBLIC HEARINGS
19. VIA LIDO INTERIM STUDY OVERLAY (PA2010 -081) - 3388 VIA LIDO - CODE
AMENDMENT NO. (CA2010 -006) - STUDY PLAN. [100 -20101
Assistant Planner Nova reported that the applicant wishes to convert the upper three
floors to two residential dwelling units and noted that the neighboring units are not
opposed to the garage as long as the applicant adds vegetation screening. She provided
a PowerPoint that included an aerial map, off -site parking lot location, current general
plan map, and current designation information.
In response to Council Member Gardner's question, Assistant Planner Nova stated that
the interim study process provides a unique opportunity for the applicant because it
establishes its own development standards for the property, noted that since the
structure is existing it is exempted from CE QA requirements, indicated that offsite
parking is available in the area, and discussed the current parking requirements.
Matt Montgomery, representing Bayfront Holdings, explained the current parking
issues, noted that the building will be compliant with current building regulations after
the renovations, and highlighted the updates to the building.
Robin Donaldson, architect, explained the proposed changes stating that the building
will not impede the existing pathway, will be changed to mixed -use, landscaping will be
updated, the view plane to the bay will be opened, and the parking will be renovated.
In response to Council Member Webb's question, Mr. Donaldson stated that they will
seek an agreement with the neighbor to allow use of one feet of their property.
Motion by Mayor Pro Tem Henn. seconded by Council Member Selich to
introduce Ordinance No. 2010 -15 approving Code Amendment No. CA2010 -006 with
the associated Study Plan, and pass to second reading on September 14, 2010.
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
20. NEWPORT COMMERCE PLAZA. [100 -2010]
Assistant Planner Bunim reported that the project will need to be re- noticed and the
item continued to the September 14, 2010, meeting. He asked Council to approve the
introduction of the ordinance to amend the land use designation from industrial use to
office use.
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In response to Council questions, Assistant Planner Bunim explained that the Planning
Commission discussed the parking requirement and noted that the applicant is
removing 121 compact spaces to allow for 40 standard parking spaces. City Attorney
Hunt explained that the public hearing can be conducted during the second reading of
the ordinance to keep the project on track and stated that if significant changes are
made at the public hearing, another second reading will need to be conducted.
Motion by Council Member Daigle seconded by Council Member_ Rosanskv to
introduce Ordinance No. 2010 -16 approving Planned Community Development Plan
Amendment No. PD2010 -002, and pass to second reading on September 14, 2010.
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
21. MORNINGSIDE RECOVERY DEVELOPMENT AGREEMENT. [68 1100 -2010]
City Manager Kiff asked Council to continue the item to September 14 to allow the City
the opportunity to address unresolved matters with Morningside Recovery and to allow
the public time to review the report.
Willis Longyear expressed concern about the applicant moving in before approvals are
granted and believed that the facility will not comply with State Law.
Ted Robinson stated that he did not receive a public notice and expressed concern that
a rehabilitation facility will be placed in a residential area.
Guy Tinder stated that having a rehabilitation facility in the area will cause disruption
to the current residents and expressed concern for his family's safety.
Fatima Geiniger stated that the community association's CC &R's does not
allow businesses to be located on Lido Isle and urged Council to consider the City in its
entirety.
Julie Ackerman believed that the rehabilitation environment is threatening, stated that
there is no way to avoid the occupants because the facility will be located at the
entrance /exit, expressed concern for proper security, asked for resources to
access information about the upcoming hearings, and also expressed concern that the
occupants are not kept within the facility.
Dr. Jay Westphal expressed opposition to the rehabilitation facility, expressed concern
for current resident's safety and security, believed that the facility does not serve the
community, indicated that the success rates are low, and expressed appreciation to
Council for considering the matter.
Nancy Kriz expressed opposition to the rehabilitation facility, indicated that the rules
of the CC &R's will be broken if the agreement is approved, and stated that she look
forward to meeting with staff to discuss other concerns.
Dick Cruce asked staff to clarify the City's liability under CEQfA.
In response to questions, City Attorney Hunt explained that the City is reviewing
multiple laws that deal with the facility, explained that CEQA only deals with
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environmental impacts, stated that the CC &R's are not enforced by the City, indicated
that he understood the concerns regarding security, noted that the facility will have to
comply with Federal and State laws, discussed the proposed development
agreement, and noted that staff will be present at the Lido Isle Association board
meeting to address additional questions.
Motion by Council Member Webb, seconded by Council Member Gardner to
continue Development Agreement No. DA2010 -001 to September 14, 2010.
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
XVI. PUBLIC COMMENTS
Michelle Wulfestieg thanked Council Member Daigle for sharing her story, expressed gratitude
to the fire personnel at the Santa Ana Heights Fire Station for saving her life, and invited
residents to attend the fundraising event for the Southern California Hospice Foundation at the
Newport Beach Winery and Vineyard on September 10, 2010, from 6:30 p.m. to 10:30 p.m. to
help raise funds for terminally ill patients.
Matthew Thomas discussed Responsible Business Service (RBS) training.
XVII. MOTION FOR RECONSIDERATION
Council Member Rosansky asked that Council reconsider the Cliff Drive Appeal (PA2009-
149) (Item 17 from the July 27, 2010 Council Meeting) to allow the applicant an
opportunity to address issues.
Buzz Person, counsel for the applicant, asked Council for 60 days to allow him time to research
the project and talk to staff to try to resolve the issues. City Attorney Hunt informed Council
that they can reconsider the item with no set hearing date.
Motion by Council Member Rosansky, seconded by Council Member Selich to
reconsider the Cliff Drive Appeal (PA2009 -149) at the October 12, 2010 meeting.
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
XVIII. ADJOURNMENT - Adjourned at 9:05 p.m. in memory of Ruth Dalton.
The agenda for the Regular Meeting was posted on August 4, 2010, at 4:00 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
Recording Secretary
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LPL i 6N�
City Clerk
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Mayor
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