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HomeMy WebLinkAbout04/23/2013 - Regular MeetingCity Council Minutes Regular Meeting April 23, 2013 — 7:00 p.m. I. STUDY SESSION - JJ0 P,m 11, CLOSED SESSION - 5:58 p.m. A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: Dave Kiff, City Manager B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): Property: 1516 W. Balboa Blvd, Lots 9 & 10, Block 115, Newport Beach, CA Agency Negotiators: Dave Kiff, City Manager; David W. Webb, Director of Public Works Negotiating Parties: Southern California Edison Under Negotiation: Price and terms of payment III. RECESS IV. RECONVENED AT 7:00 P,M. FOR REGULAR STING Present: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Counch Member Henn, Council Member Daigle VI. CLOSED SESSIONION REPORT - City Attorney Harp announced that there were no reportable actions taken VII. PLEDGE OF ALLEGIANCE - Council Member Petros VIII. INVOCATION -Mayor Curry IX. PRESENTATIONS Presentation of Hoag Hospital Stroke Month Proclamation - Mayor Curry read the proclamation and presented it to Dr. Brown. Dr. Brown provided a presentation relative to the causes of stroke, to provide statistics and treatment, and present recommendations to minimize stroke risks. He addressed efforts by Hoag Hospital in treating stroke patients Volume 61 - Page 142 City of Newport Beach City Council Minutes April 23, 2018 Presentation of Jazz Appreciation Month Proclamation - Mayor Curry read the proclamation and presented it to Dan Kuperschmid, General Manager of the Hyatt Regency in Newport Beach. Mr. Kuperschmid discussed jazz events held in the City throughout the year, as well as the upcoming three -day Jazz Festival. Mayor Curry announced that the Newport Beach Film Festival will begin on April 25, 2018. X. NOTICE TO THE PUBLIC G Council Member Daigle expressed her disappointment in reading the judge's decision to sentence Michael Jason Lopez to only four years in prison and one year in County jail for killing Dr. Kit Campion while she was riding her bicycle on Newport Coast Drive. She commended the work of the Newport Beach Police Department in tracking the offender and noted that because of prison overcrowding, he may not serve his full sentence. Council Member Daigle also reported visiting the California Delta on invitation from the Metropolitan Water District. She indicated that the State will be supporting twin - barrel tunnels and addressed options for consideration. She addressed threats to the Delta and .noted that it needs to function for competing uses. Council Member Gardner believed that funds should focus on the City's groundwater replenishment systems since they are a major source of water. Council Member Gardner commented on the sail at the Civic Center and believed that it needs to be addressed due to the unsightly view to neighbors. Council Member Henn commended the Newport Beach Police Department for its performance in the recent Baker to Las Vegas Relay. He reported participating in the celebration of the completion of the Lower Bay dredging project and attending the Newport to Ensenada Launch Party on April 21. He announced that the Newport to Ensenada Race Kick -off Party will be held in Balboa Village on April 25. Council Member Selich announced an upcoming meeting of the General Plan/Local Coastal Program Implementation Committee on April 24 at 3:30 p.m. in the Corona del Mar Conference Room in Bay E. Mayor Curry congratulated the Concordia University Men's Volleyball Team for becoming the National Champions for NAIA this year. He reported participating in the Daughters of the American Revolution Scholarship Ceremony at Newport Harbor High School, his installation as President of the Association of California Cities - Orange County (ACC -OCO on April 11, and the annual Corona del Mar Residents Association open house. He reported that, on April 18, he presented Mona Schwacr with a certificate in celebration of her 106th birthday; on April 16, the Orange County Board of Supervisors approved the Memorandum of Understanding with the City to move forward with the Airport Settlement Agreement; and that the Community Open House at the new Civic Center will be held on May 4. He encouraged residents to attend the Newport Beach Film Festival and watch the launch of the Newport to Ensenada Race. Mayor Curry reported on the Mayors' Water - Saving Challenge and encouraged residents to help reduce water usage. )aI. PUBLIC COMMENTS ON CONSENT CALENDAR Volume 61 - Page 143 City of Newport Beach City Council Minutes April 23, 2013 Regarding Item 8 (Aviation Committee Appointment), Council Member Daigle announced that Jock Marto has stepped up to serve on the Aviation Committee, but there is still an opening as the District 1 Alternate Member. Regarding Item 9 (Annual Board and Commission Appointments), Council Member Selich noted that there are four vacancies on the Building Appeals Board and expressed the need to make extra efforts in getting applicants. XIII. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. MINUTES FOR THE APRIL 9, 2013 STUDY SESSION AND REGULAR MEETING. [100 -20131 Waive reading of subject minutes, approve as amended, and order filed. 2. READING OF ORDINANCES. Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. B. RESOLUTIONS FOR ADOPTION 3. RESOLUTION NO. 2013 -35: TIDELANDS MANAGEMENT COMMITTEE. [100- 2014 a) Adopt Resolution No. 2013.35, A Resolution of the City Council of the City of Newport Beach Establishing the Tidelands Management Committee; and b) if Resolution .No. 2013 -35 is adopted, authorize the Mayor to appoint three (3) City Council Members to serve on the Tidelands Management.Committee and designate one of the Members as Chair. The City Council shall review and, if acceptable, confirm the Mayor's appointments. 5. RESOLUTIONS OF INTENTION TO DISESTABLISH THE BALBOA VILLAGE AND MARINE AVENUE BUSINESS IMPROVEMENT DISTRICTS.. [100 -20131 a) Adopt Resolution No. 2013 -37, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Disestablish the Balboa Village Business Improvement District and Hold a Public Hearing; and b) adopt Resolution No. 2013 -38, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Disestablish the Marine Avenue Business Improvement District and Hold a Public Hearing, C. CONTRACTS AND AGREEMENTS 6. AMENDMENT NO. ONE TO THE AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT WITH CENTRAL PARKING SYSTEMS, INC. ( "CPS ") FOR PARKING METER SERVICES, DATED MAY 22, 2012 (AGREEMENT") (C- 4767). [381100 -20131 Approve and authorize the Mayor and City Clerk to approve an amendment to execute Amendment No. One to the Amended and Restated Professional Services Agreement with CPS for Parking Meter Services. D. MISCELLANEOUS Volume 61 - Page 144 City of Newport Beach City Council Minutes April 23, 2013 7. PLANNING COMMISSION AGENDA FOR APRIL 18, 2013. [100 -2014 Receive and file. 8. APPOINTMENT OF DISTRICT 4 ALTERNATE MEMBER TO THE AVIATION COMMITTEE. [100 -20131 Confirm Council Member Leslie Daigle's nomination of Jack Marla as the District 4 alternate member to the Aviation Committee. 9. APPOINTMENT BY MAYOR OF AD HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO OCCUR ON JUNE 30, 2013. [100 -20131 a) Confirm Mayor Keith Curry's appointment of Mayor Pro Tem Rush Hill, Council Member Nancy Gardner, and Council Member Ed Selich to serve on the Ad. Hoc Appointments Committee to review applications and make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 2013; and b) direct the City Clerk to post and publish a Vacancy Notice requesting that applications be submitted by 1:00 p.m. on Wednesday, May 15, 2013; schedule confirmation of nominees to be made on June 11, 2013; and make appointments on dune 25, 2011 Motion by Mayor Pro Tem Hilt seconded by Council Member Petros to approve the Consent Calendar, except for the items removed (4 and S15). The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Councli Member Henn, Council Member Daigle XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR 4, RESOLUTION SUPPORTING SUBMISSION OF GRANT APPLICATIONS UNDER THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) MEASURE M2 ENVIRONMENTAL CLEANUP GRANT PROGRAM. 1100 -20131 In response to Council Member Daigle's question, Public Works Director Webb reported that M2 is the second wave of Measure M funds and noted the various components within the Measure. He added that there is a program to identify trash hot spots in the Back Bay and one to address bacteria and sediment areas. Council Member Daigle requested a policy matrix for Council's review relative to work programs for the area. Motion by Council Member Daigle, seconded by Council Member Selich to adopt Resolution No. 2013 -36, A Resolution of the City Council of the City of Newport Beach Authorizing and Supporting Submission of Grant Proposal for Funding Under the OCTA Enuironmental Cleanup Tier I and Tier 2 Grant Program. Council Member Petros commended staff for making the effort to obtain funds for water quality improvement in Newport Beach. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Councli Member Henn, Council Member Daigle Volume 61 - Page 145 City of Newport Beach City Council Minutes April 23, 2013 S15. CIVIC CENTER CONCESSION AGREEMENT WITH 24 CARROTS, LLC. (C- 5454) [381100 -20131 In response to Council Member Gardner's question, City Manager Kiff indicated that only one of the proposals received did not address catering options. He discussed 24 Carrots, LLC's experience, menu variety, and quality. Discussion followed regarding exclusivity provisions, the existence of Special Land Use Restrictions (SLURS) on the property, and compliance with the SLURS. Motion by Council Member Gardner, seconded by Council Member Selich to a) select 24 Carrots, LLC as the food services operator at, and caterer for, the Newport Beach Civic Center; and b) waive City Council Policy F -7 and authorize the City Manager to negotiate and execute a Civic Center Concession Agreement based upon the key provisions outlined in the staff report. The motion carried by the following roil call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Counch Member Henn, Council Member Daigle XV. PIZBLIC COMMENTS ON NON - AGENDA ITEMS Joan Templeton - Morris asked Council to correct a decision by the City's Parks, Beaches and Recreation Department to cancel a certain physical fitness class at the Newport Coast Community Center. She reported that no one contacted any member of the class to report or explain the cancellation, and noted that many seniors are on a limited income and cannot afford the classes being offered by the OASIS Senior Center, She emphasized the need for a reasonably priced physical fitness program for seniors near their residences and asked that the class continue. City Manager Kiff reported that the class was being conducted at the Newport Coast Community Center when OASIS was closed during construction with the intention of moving the class back to OASIS when it reopened. He indicated that he would be happy to meet with class members and staff to develop an acceptable solution. Robin Whyte Butefish expressed support for the class and noted that the Newport Coast Community Center gives priority to residents. She believed this is a simple problem to fix and hoped that a solution can be reached. Sam Fung referenced an email sent to Council and noted Mayor Curry's response. He addressed existing programs, enrollment, classroom size, and facility use; and believed that classes at OASIS are always crowded. He spoke in support of keeping the class at the Newport Coast Community Center. Carrie Reach spoke in support of keeping the class at the Newport Coast Community Center, addressed the class schedule, and offered to schedule the class around other classes in order to keep the class. Bob Morris spoke in support of keeping the physical fitness class at Newport Coast Community Center. Milvi Vanderslice noted that the class meets from 8:00 a-m. to 8:50 a.m., currently does not conflict with other classes, and that the class has been meeting there for the past seven years. She Volume 61- Page 146 City of Newport Beach City Council Minutes April 23, 2013 addressed crowding at OASIS, listed the benefits of the class, and urged Council to save it. Elaine Satin spoke in support of keeping the class, addressed the class' benefits, and urged Council to save it. Frances Green noted that as a group, the seniors volunteer many hours for the City and need the class for the strength to continue volunteering. James Reach expressed support for continuing the class at the Newport Coast Community Center and the importance of physical fitness. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported on a meeting of the Orange County Vector Control and noted the importance of screens to keep mosquitoes out; and reported that the Aviation Committee discussed efforts to improve departure procedures. Council Member Henn reported on a recent meeting of the Finance Committee and commented positively on. the City's financial planning tool and on the City's fiscal management. He reported that the City will have a budget surplus at the end of this fiscal year. Council Member Venn also reported on a recent meeting of the Balboa Village Advisory Committee (BVAC). XVII. PUBLIC HEARINGS 10. CODE AMENDMENT NO. CA20IM01 FOR MIXED -USE ZONING DISTRICTS ON THE BALBOA PENINSULA (PA2013 -020). 1100 -20131 Planning Manager Alford utilized a PowerPoint presentation to provide an overview of the proposed changes to the Zoning Code and addressed affected areas. Discussion followed regarding the Planning Commission's consideration of the item and accommodations for residential properties by commercial developers. Mayor Curry opened the public hearing. Jim Mosher commented on the importance of taking opportunities to make the Zoning Code clearer than it currently is, and pointed out tables within the Zoning Code that need clarity. There being no further public testimony, Mayor Curry closed the public hearing. Motion by Council Member Selich. seconded by Connell Member Henn to introduce Ordinance No. 2013 -9, An Ordinance of the City Council of the City of Newport Beach Approving Code Amendment No. CA2013 -001 Modifying the Minimum Lot Area /Density Standard for MU -V (Mixed -Use Vertical), MU -CV 115th Street (Mixed -Use Cannery Village and 15th Street), and MU -YV2 (Mixed -Use Water) Zoning Districts (PA2013 -020), 1) finding that this Code Amendment is categorically exempt under Section 15305 of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations); and 2) approving Code Amendment No. 2013 -001, and pass to second reading on May 14, 2013. The motion carried by the following roll call vote Volume 61- Page 147 City of Newport Beach City Council Minutes April 23, 2013 Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Council Member Selich, Councli Member Henn, Council Member Daigle 11. COMMUNITY DEVELOPMENT BLOCK GRANT, FISCAL YEAR 2013 -2014 ACTION PLAN (PA2010 -071) (C- 5452). 1381100 - 20131 Senior Planner Campbell reported that this is an annual item and listed some of the programs being funded by CDBG. Council Member Gardner commented on the recommendation to spend approximately $52,000 in grants while administration costs are claimed at $70,000. She questioned why administrative costs are so high. Senior Planner Campbell reported that there is a statutory cap on public services and that program administration is done by a consultant. He reported that the consulting service will be going through a competitive bid process in an effort to lower administrative costs. Council Member Daigle noted that a major portion of the administrative costs is for staff overhead. Mayor Pro Tom Hill acknowledged the high administrative costs, but noted that even if administrative costs were lowered, the amount that could be provided for public service would not be increased. Mayor Curry opened the public hearing. Barbara Shull, Executive Director of the Fair Housing Foundation, commented on the Fair Housing Foundation program and their service to the City. She thanked the City and Council for its continued support. Jane Wagner, Executive Director of Helping People in Need, commented on their efforts in helping seniors and families. She addressed the growing need for their services and thanked Council for its support. Jim Mosher provided a correction to the report. He suggested reducing the size of the report and questioned what this savings could be spent on. Jillian Miller, Grants Manager for Families Forward, thanked the City and Council for its support. She reported on the organization's efforts in helping needy families. There being no further testimony, Mayor Curry closed the public hearing. Motion by Council Member Selich, seconded by Mayor Pro Tem Hill to a) approve the Draft 2013.2014 Action Plan; and b) adopt Resolution No. 2013.39, A Resolution of the City Council of the City of Newport Beach Approving the Annual Action Plan which is Part of the Consolidated Plan, and the Projected Use of Community Development Block Grant (CDBG) for FY 2013- 2014, and Superseding All Previous Resolutions which are Inconsistent Therewith (PA2010 -071), adopting the 2013.2014 Action Plan and finding it is not subject to of the California Environmental Quality Act (CEQA), and authorizing the City Manager or designee to: 1) submit the Action Plan to the U.S. Department of Housing and Urban Development (HUD); 2) execute the FY 2013 -2014 CDBG Program Grant Agreement with HUD and all related documents on behalf of the City; 3) execute subrecipient agreements with the nonprofit organizations receiving allocations of CDBG funds in the Action Plan; 4) execute a professional services agreement with a qualified consultant in an amount not to exceed $58,133 to administer the CDBG program and to monitor the City's Affordable Housing Covenants; and 5) be the official representative of the City of Newport Beach to submit required environmental documentation for CDBG projects. Volume 61 - Page 148 City of Newport Beach City Council Minutes April 23, 2013 The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Counch Member Henn; Council Member Daigle 12, DEVELOPMENT AGREEMENT NO. 5 ANNUAL COMPLIANCE REVIEW - 2013 HOAG MEMORIAL HOSPITAL PRESBYTERIAN (PA2009 -064) - 1 HOAG DRIVE (0- 2912). [381100 -2013) Community Development Director Brandt reported that staff reviewed the compliance report submitted by Hoag Hospital and determined that they are in compliance with the terms of the agreement. Mayor Curry opened the public hearing. Patricia Schuler reported that she lives near the hospital and that she and her neighbors are very concerned with the increased noise levels due to the expansion of the hospital. Sue Silaus took issue with the increased noise levels from the nearby hospital and reported that she met with hospital representatives to resolve the issue, without success. She stated that Hoag Hospital has worked to mitigate noise as it affects the nearby Villa Balboa complex, including a noise study referenced in the report, but that it never considered the noise impacts to her complex. She hoped that Council would recognize that Villa Balboa is not Hoag Hospital's only residential neighbor. Aline Monin•Doremus expressed concerns with increased noise generated by Hoag Hospital and took issue relative to the lack of communication by Hoag Hospital. She stressed the need for speed bumps to slow traffic on the service road. Marilyn Tamber discussed the increased noise levels from Hoag Hospital and their lack of responsiveness to their pleas to mitigate the noise levels. Dick Runyan reported on items in the Development Agreement that have been completed, are in progress, and that need to be addressed. Ross Ribaudo indicated that Hoag Hospital has tried to do what it can to address the residents' concerns, but noted other issues that need to be addressed, including the noise coming from the dietary loading dock. Kerry Brooks, Senior Project Manager for Hoag Hospital, listed efforts by the hospital to minimize noise and control traffic on the service road. He discussed the noise studies, as well as the dietary loading dock, and the traffic impacts on Versailles. Council Member Petros indicated that he would like to meet with Hoag Hospital representatives and residents regarding this matter. There being no further testimony, Mayor Curry closed the public hearing. Motion by Council Member Petros, seconded by Council Member Selich to a) find that Hoag Memorial Hospital Presbyterian has demonstrated good faith compliance with Development Agreement No. 5; b) find that this annual review is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines; and c) receive and file the Annual Volume 61 - Page 149 City of Newport Beach City Council Minutes April 23, 2013 XVIII. Status Report of Development Agreement for Hoag Memorial Hospital Presbyterian. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Counch Member Henn, Council Member Daigle 13. REVIEW OF THE REQUEST FOR PROPOSAL (RFP) OUTLINE FOR THE RESIDENTIAL SOLID WASTE PROGRAM. [100 -20131 City Manager Kiff addressed direction by Council during a previous study session. Discussion followed regarding the possibility of increasing the diversion rate; the various types of services, including concierge service; the process for addressing selective separation; opening the bid process to as many companies as possible with the various options; changes to the RFP; the correct permitted capacity; the possibility of leasing the additional capacity to carriers and the cap tonnage; and including Santa Ana Heights to the service area. Regarding Santa Ana Heights, Municipal Operations Director Harmon reported that there is a ten -year cancellation/noticing requirement that needs to be given to the current provider. Jim Mosher believed that the diversion percentage goals within the RFP are misleading and addressed goals since 2007. He discussed the process, the replacement of trucks, and the implementation of a voluntary recycling program. Mayor Curry commented positively on the performance of the City's refuse haulers and noted that there are many possibilities open to City employees on this matter. Motion by Councii Member Henn, seconded by Council Member Petros to direct staff to issue the RFP in early May 2013 for Residential Solid Waste Services. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Counch Member Henn, Council Member Daigle 14. CITY COUNCIL DIRECTION RELATIVE TO APPOINTEES SERVING ON MULTIPLE BOARDS, COMMISSIONS, OR COMMITTEES. 1100 -20131 Council Member Gardner addressed the distinction between Boards, Commissions, Committees, and Business Improvement Districts (BIDS); and believed that appointees to Boards, Commissions, and Committees should be required to serve on only one Board, Commission, or Committee. Regarding BIDs, however, she did not think the same requirement is applicable. Motion by Council Member Gardner, seconded by Council Member Petros to require that Tom Anderson and Carl Cassidy only serve on one Board, Commission, or Committee and require them to choose which Board, Commission, or Committee they would like to serve on. Jim Mosher discussed City Council Policy A -2 and asked about the Tidelands Management Committee Citizens Advisory Panel membership. Mayor Pro Tem Hill agreed with Council Member Gardner's comments regarding BIDs being distinct from Boards, Commissions or Committees, and noted that sometimes there have not Volume 61- Page 150 City of Newport Beach City Council Minutes April 23, 2013 . been enough applicants. He believed that the requirement to serve on only one Board, Commission, or Committee should be a goal/priority and not a set policy, and that this should be considered at a future meeting. City Attorney Harp indicated that Council will be considering a revision to the City Council Policy Manual at its second meeting in May. Council Member Petros believed that the Policy is clear and does not need to be changed. Substitute motion by Mayor Curry, seconded by Mayor Pro Tem Hill to waive City Council Policy A -2 policy as it relates to Tom Anderson's appointments. The substitute motion carried by the following roll call vote: Ayes: Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Seiich, Councli. Member Henn, Council Member Daigle Noes: Council Member Gardner XiX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - Adjourned the meeting at 9:20 p.m. in memory of Robert Bernard Brogger, in memory of those that lost their lives in the West Texas fertilizer plant explosion, and in memory of the victims who lost their lives and in acknowledgment of those injured during the Boston Marathon. The agenda for the Regular Meeting was posted on April 18, 2013, at 4 :18 p.m. on the City Hall Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive. The supplemental agenda for the Regular Meeting was posted on April 19, 2013, at 4:19 p.m. on the City Hall Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive City Clerk A., Recording Secretary Mayor Volume 61 - Page 151