HomeMy WebLinkAbout01 - Minutes - 02-13-2007Agenda Item No. 1
February 27, 2007
CITY OF NEWPORT BEACH
City Council Minutes
Study Session
February 13, 2007 — 5:00 p.m.
Present: Council Member Henn, Council Member Curry,
Rosansky, Council Member Webb, Council M<
Gardner
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE
In response to a question by Council
that the ordinance pertaining to Item
to issue citations that will be upheld in court.
Pertaining to Item No. 14 (C Gray
that the community prepar
envisioned, since the intent was o
Fire Chief Lewis stated that Ma Br
responsible for community awar s
associations, ubs, etc.
three CERT resen per
Information
Freeman is
i at ton;
on what
emergency
as the res
Tem Selich, Mayor
Council Member
City Manag(
a1 nuisance)
Can stated
allow staff
;oun ' ber Daigle expressed concern
'dinator ' 'o is not being used as
ease the program. In response,
e C Team Coordinator who is
aa peaking before homeowners'
iditio Mr. Briabois conducts two to
as well as any other speaking
onse. Jan Schultz is now their Public
ility for community education. Katie
ster preparedness, including handling of
preparedness. Mr. Brisbois and Ms.
and they do assist each other.
that he clearly supports Item Nos. 7 and 8, but will
ng for further discussion and to focus the public's
done with these issues.
Pe nol ybvm o. S21, Mayor Pro Tem Selich questioned whether the condition
of the rawn to China Cove will be able to handle the truck traffic and if
adequatexist for any repairs. Council Member Gardner stated she was
assured miller that the r oad will be photographed beforehand, and the
agreement contains provisions for any necessary repairs.
Mayor Pro Tem Selich stated that he will pull this item on tonight's agenda to
suggest Exhibit C (Scope of Services), No. 7, of the agreement be amended to
stipulate that trucks be required to shut their engines off rather than left to idle 2 -3
minutes.
2. INSURANCE RENEWALS - EXCESS GENERAL LIABILITY, EXCESS
WORKERS COMPENSATION AND PROPERTY INSURANCE.
Barbara Ramsey, Human Resources Director, reported on insurance renewals,
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City of Newport Beach
Study Session Minutes
February 13, 2007
noting the renewal date is March let. Mark Zahoryin will make a presentation, and
Lauren Farley, Risk Manager, is also present to respond to any questions. This item
will be brought to Council in two weeks for a vote.
Mark Zahoryin, Brown and Brown, introduced himself and provided background
information on his firm, noting they have served the City for the past 17 years. He
provided an overview of the insurance renewal process, adding their
recommendations to staff should be ready on Friday. Based on final indications
today, his recommendation will include a 41% increase in the property insurance
premium, which includes a 13% increase in overall insure a values. As far as the
other coverages, they are expecting flat to 10 %, a coming in at a 4-
5% decrease. He expects the total annual premium to o greater than 2% of what
was paid on an annual basis in 2006, which is 2%
In response to a Council question, Mr. Zi
increases to market conditions and the two
business. 14
Mr. Zahoryin explained fidicuiary lia
it is intended to cover the City's fidic
employee benefit and retirement plans.
decisions on employee benafit plans.
Zahoryin indicated that it ha very
helped. In response to questio
that the only item that may ch ge
positive change. He explained t the
retention on all public liab
practices whi million
amount,bu not be cessful in a n
As I
positive
the
attributes the low
&o retain the City's
to the CoulIgPhoting that
Tits to itsAmvlovees on
r covers everyone who makes
as low loss histories, Mr.
a control by staff has also
r. Zahoryin explained
y insurance, and it is a
a $500,000 self - insured
h the exception of employment
, he is trying to reduce that
this.
3. PRESE IO EGARDING THE ROLE OF THE NEWPORT BEACH
LIBRARY CY PROGRAM IN OUR COMMUNITY.
Linda Kats uleas, Library Director, reported on the literacy program and
introduced Cherall Weiss, Literacy Coordinator, and Carolyn Scheer, President of
the Literacy Board.
Ms. Weiss gave the definition for literacy as it bas progressed through the
years. Forty -four million adults in the United States fall in the low or inadequate
literacy status. In Newport Beach, over 7,000 adults are considered illiterate or have
low literacy skills. The 'National Institute for Literacy conducted a survey, and the
Southern California literacy network came up with the local statistics based on
economics and ethnicities.
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Study Session Minutes
February 13, 2007
Ms. Scheer explained their mission is to improve the literacy skills of adults to
enable them to achieve greater successes in their lives at home, work, and in the
community. She reported they have a Literacy Advisory Board and further
explained the role, membership, meeting schedule, and terms of the Board
Members. She explained the relationship between the Library and the Board.
Ms. Weiss provided information on tutor training and explained the program.
Ms. Scheer described the programs offered: core
conversation class, writing classes, pronunciation
learner and tutor support groups. She provided
developments: joint venture with the Library to
of International Literacy Day, presentation of
Award, publication of a quarterly newsletter,
November. They want to develop relationship a
that end, Ms. Weiss has been working
District to make them aware of the liters r
to their program. Ms. Weiss has als de p
Center in an effort to lure tutors into a am.
Ms. Weiss explained the services provided in
to any English - speaking in ' 'dual, and sm
support the learners in meet it goals. E,
to over 120 adult learners an over
Literacy program. They conduct _ 1
with families in the area, and tho
months of FY 2 7, they ha
learners have 1,700 hou
25 and 72, heir co n trait is
program, book clubs for learners,
classkewpoUnified family literacy, and adult
n the following new
literacy, celebration
Hoffman Memorial
Is of their website in
the community. To
Uni£ed School
li asible referrals
o S Senior
tment: one -on -one tutoring
classes and workshops to
ar, they provide assistance
e in the Families for
dress early literacy issues
e quarterly. In the first six
volunteer hours, and their
with theirFtutors. Their ages range between
all have a desire to progress.
In response JK question by City Manager Bludau, Ms. Weiss stated the students
are requiredlio either live or work in Newport Beach.
PUBLIC COMMENTS - None
ADJOURNMENT - 5:37 p.m.
The agenda for the Adjourned Regular Meeting was posted on February 7, 2007, at 2:18 p.m.
on the City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
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City of Newport Beach
Study Session Minutes
February 18, 2007
Recording Secretary
Mayor
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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
February 18, 2007 — 7:00 p.nL
ssio Npr's thanked Carol Hoffman McDermott, Government
Solu is ono co ibution to the project. Ms. Lonich reported on the
status o review with the Coastal Commission and stated that the
Coastal C aff indicated they would meet with the theater group in
March. Be jest is non -profit, the organization will rely on donations for
their finan o reported on the performances during t he Season Without
Walls.
D Pr entation to Business Members Who Helped with Funeral
Arr Ve nts - Captain Morris Smith on behalf of Los Angeles Mayor Antonio
lla and Chief of Police William Bratton, thanked the community for
is coordinating the reception for Officer Landon Dorris killed in the line of
duty on October 20, 2006; he presented Certificates of Appreciation to Andy
Theodorou, General Manager, Newport Dunes Resort; Terry Lelano; Pete Ortega,
Elegant Affairs Catering; and Terry Wilson, Coastline Yacht Charters. Captain
Smith acknowledged the assistance of Police Chief McDonell and Fire Chief Lewis.
Orange County Council, Boy Scouts of America — Ralph Linzmeier, Board of
Directors and members of Troop 90 recognized Orange County Council 2007 Man of
Character, Mayor Steve Rosansky.
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City Council Minutes
February 13, 2007
AQMD Presentation on the Draft AQMP - Debra Reed, Public Affairs Officer
reported on the AQMD's plan to update its air quality mitigation plan manual to
comply with the federal government mandates.
G. NOTICE TO THE PUBLIC
H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR
DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM):
Council Member Henn encouraged residents to parti ate in the second bi- annual
Pogue Regatta from June 8 -10, a major racing even
Mayor Pro Tem Selich invited residents to p in the February 21st Economic
Development meeting presentation by Dr. ald Professor, UCLA, who will
speak on parking issues. He reiterate Decembe 2006 request that staff
bring four actions before the Council r g the Newp Center Park and asked
that the items be brought forwar nth ebruary 27a` da: 1) approval of
constructing the park per the a ved Council concept p with the addition
of the upper parking lot in ph i e middle phase first. construction of
the arbor and trellis structure in "ddle phase would be part a future phase
with a separate donation estimated cost about a million dollars; 2) accepting
$600,000 toward cons on of the base in exchange for naming rights for
the entire park with th on that othe arcing opportunities will be available,
and authorize staff to fin onation a ent with the donor; 3) conceptual
approval to amend the 2 6/200 dot to ease the funding for the park
from $200,000 to $400,000 ub*ect traction bids; and 4) direct staff to
complete t truction do a or the section phase as soon as possible
and pla a ut to bid.
Co Memb Webb said tlidt he was aware Mayor Pro Tem Selich had received
press m certain segmentV the community to push the park project forward.
However, Council mbers have received input about selecting a site
tur ty Ha Council was served a petition requesting the
Co un tpo he decision o the park until a City Hall site has been selected. In
light of or Tem Selich's proposal, Council Member Webb asked that two
more item inclu to wit: that no further action be taken to implement the park
constructio roject the central library site until the City Hall site selection
project was mpleted; 2) if the first action item is not approved he would like to add
the followin the four items requested by Mayor Pro Tem Selich to wit: "that the
k site in de an active park element of at least one soccer field."
Co ber Daigle announced that the Carona del Mar Swimming Group would
con tin fundraising efforts at the Pacific Club on May 12.
Mayor Rosansky invited the public to participate in a town hall meeting on February
22nd at 6:00 p.m. at the Central Library with presentations by Senator Harman and
Assembly Member Walters regarding sober living group homes. He attended the
Relay for Life kickoff on February 12th at the Islands Hotel. The Relay will be held
on May 19th and 20th. If individuals are interested in forming teams to raise money
for cancer research contact the City Manager's Office at 644 -3000.
I. CONSENT CALENDAR
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City Council Minutes
February 13, 2007
ING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR MEETING AND
REGULAR MEETING OF JANUARY 23, 2007. Waive reading of subject
minutes, approve as written and order Bled.
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.
ORDINANCES FOR ADOPTION
8. ORDINANCE AMENDING
PERTAINING TO ANIMAL
No. 2007 -1.
4. CODE AMENDMENT
257) - AMENDMENT
ALLOW A SINGLE
DECISIONS OF TI
DIRECTOR AND P
Ordinance No. 2007 -2 apt
5.
GAS, AND
Resolution No.
serve as thi
pertaining to
Was, as regi
D' - ;'sFML tNwniiY�;
A
ECTI 7.20.010 OF TITLE 7
[I5 [I00 -2007) Adopt Ordinance
Amendment No. 2006 -008.
N AGE DIVISION OF OIL,
2 R CE5. [100 -2007) 1) Adopt
of g :Na nt for the Division of Oil Gas,
And 2) aut the Mayor and the City Clerk to
Agent" form, naming the Utilities Manager, Ed
y of Newport Beach's Liaison Agent regarding
operation and maintenance of the Citys oil and
I by the Division of Oil, Gas, and Geothermal
AMEND THE COMPOSITION OF THE CITY
i ADVISORY COMMITTEE ON MARINA PARK
THIRD COUNCIL MEMBER AND TO CONFIRM
AYORW APPOINTMENT OF COUNCIL MEMBER HENN TO
POSITION. [100 -2007) Adopt Resolution No. 2007 -7 amending
on No. 2006 -98 to revise the composition on the City
Citizens Committee on Marina Park Design, and confirm the
appointment of Council Member Henn to the new position.
8. 39LD FORD ROAD - ADOPT A RESOLUTION LIMITING THE
PARKING OF VEHICLES TO TWO HOURS. [100 -2007) Adopt
Resolution No. 2007 -9 limiting the parking of vehicles to two hours between
8:00 a.m. and 6:00 p.m. daily on the south side of Old Ford Road, from Mesa
View Drive to a point 300 feet easterly.
CONTRACTS
10. OPERATING AGREEMENT FOR NEWPORT RIDGE PARK (contd.
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City Council Minutes
February 18, 2007
from 1/28/07). [100 -2007) Continue indefinitely.
11. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
GABLE ENGINEERING FOR CIP PROJECT MANAGEMENT
SERVICES (C- 3915). [381100 -2007) 1) Approve a Professional Services
Agreement with Gable Engineering at a not to exceed price of $50,000 and
authorize the Mayor and the City Clerk to execute the Agreement; and 2)
approve a budget amendment (07BA -045) transferring $50,000 from salary
savings in the Engineering Division (5100 -7000 and transfer the funds to
Engineering Division Services Professional Technical Account 5100-
8080.
WSCE.L.L-ANEO US
12. SUPPORT OF ORANGE CO 5 P ION ON MEMBERSHIP
IN THE SOUTHERN FORNIA EGIONAL AIRPORT
AUTHORITY. [100 -2007) orize the Mayo execute the letter
attached as Exhibit A to th r rt.
13. APPOINTMENT TO RONMENTAL Q TY AFFAIRS
CITIZENS ADVISORY MITTEE (EQAC). [10 20071 Confirm
Council Member Daigle's ap 'ntment of Michael "Mike" Smith as the
District 4 reprelptative to EQA
14. ACCEPT AS5I TO CO TY EMERGENCY RESPONSE
TEAMS (CERT) R 2007[ pt the `04 Homeland Security
Supplemental Gra t for CE $6, .67 in funding for the CERT
Pro ; and 2) prove bu endment (07BA -042) increasing
r estimates b $ 5.67 in 23 -4848 and increasing expenditure
pprop tions in 235 004 by $6,935.67.
15. OAS HIGHWAY NELIZATION - CORONA DEL MAR (C-
ROVAL F BUDGET AMENDMENT FOR PHASE
1B. 0- v udget amendment (07BA -039) in the amount of
150, fr om the u ropriated General Fund Reserves to Account No.
3 -05 932.
Motion b Te lich to approve the Consent Calendar, except for
U moved (, 9 and 521).
rried by the following roll call vote:
Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
y, Coueil Member Webb, Council Member Daigle, Council Member
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
7. RESOLUTION SUPPORTING THE AIRPORT WORKING GROUP
(AWG) AND AIRFAIR. [100 -2007)
Council Member Daigle strongly supported the resolution and thanked
AirFair, AWG Members and Citizens' Aviation Members who contributed to
the support of JWA. Council Member Curry thanked participants for their
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City Council Minutes
February 18, 2007
efforts toward protecting citizens from further danger from the airport.
Motion by Council Member Cum to adopt Resolution No. 2007.8
supporting AWG and Airfair and committing to immediately commence
discussions with both groups in the ongoing effort to protect Newport Beach
residents from the impact of John Wayne Airport Operations.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member C Mayor Pro Tem Selich,
Mayor Rosansky, Coucil Member We=, Council Member Daigle,
Council Member Gardner
9. RESIDENTIAL CARE FACILITY C ENDMENT. [100 -2007)
Patrick Alford, Senior Planner ed the p of the amendment and
stated that any legally e ' g facility wool allowed to continue
operating. However, if w an expaneio ease in size or
intensification, it would uire deral Exception Pe (FEP).
City Attorney Clawson this amendment was a straightforward
ordinance to get the process s d which is intended to mirror the state law
provisions so the City can to enforce against operators that are
creating a sing ty in multi buildings, units or premises. If the
ordinance is app a will bet three additional opportunities for
public input and ges to ording.
Ro ship said wa wits can ed that homeowners associations
d pense medic He thanked Council for addressing this issue.
Jackson ke arcoTidus and Peckenpaugh, said his firm
number of eowners on the peninsula and because his firm
n_invd in this issue offered assistance to the City and
JMn Ovelkyest felt it was an injustice that sober living facilities were
ex t fro usiness license fees and taxes. It is disruptive to have
cam ercial fa 'ties within residential neighborhoods and wanted to know
if, ' the event he were to sell his home, he would have to disclose the
pro ity of big residence to the facility and suffer a depreciated sales value
on s property as a result.
this Kohler said she was opposed to voting on the ordinance this evening
nd preferred waiting until the Council had all of the necessary information
before acting. She wished the city would put a moratorium on new group
homes until this issue was resolved.
Dick Nichols said the specific nature of the proposal would tend to form
policy rather than open dialogue. He wondered how the City could modify
the Federal Exception Permit because it would likely originate at the federal
level because the use permit does the same thing and felt it was a better
tool.
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City Council Minutes
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Lori Morris objected to the proposed resolution because it appeared to
change the definition of the land use permits and appears to be giving total
authority to the Planning Director. Lacking understanding of the resolution
and how it would function, the request for a moratorium seems to be an
appropriate compromise.
Denys Oberman commended the City for taking steps to address this
situation. She asked that there be diligence and objectivity on the part of
the City and that the Council obtain outsid& input before making its
decision. 7
Council Member Curry asked legal el to comment on speaker's
statements and in palen commendation to institute a
moratorium. City Attorned s as concerned about imposing
a moratorium because the licens and to a certain extent the
City has no control over tnder fa ' ' s. The City is working
with the ADP to that end.
Council Member Henn firmation that there nothing in the
proposed ordinance that e changed and City torney Clauson
responded affirmatively.
Mayor Rosa ewed the p ss and assured residents that there
would be ample ty to pro public input before the Planning
Commission and un ' . ,,,.
Motion bv Mayor Itosan to a solution No. 2007 -10 initiating an
a ent to Title 0 e NBMC revise land use classifications and
efinit ns relating to idential Care facilities.
e m 'on carried by t following roll call vote.
A er H , Council Member Curry, Mayor Pro Tem Selich,
yor Rosa ucil Member Webb, Council Member Daigle,
Member Gardner
B GET NDMENT AND APPROVAL OF A CONTRACT WITH
CO G ING AND DEMOLITION (C -8917) FOR $195,000. TO
T SPORT SAND FROM CHINA COVE BEACH TO CORONA DEL
MA STATE BEACH AND NORTH BAY FRONT, RUBY BEACH ON
OA ISLAND. [381100 -20071
yor Pro Tem Selich suggested that Item 7 of the Scope of Services should
e modified to require that during staging, truck engines should be turned
Off.
Commissioner Daigle commended the Harbor Resources staff and citizens for
taking the initiative in recognizing the need to partner with the City to
transport good quality sand to local beach areas. The good news is that staff
member Tom Rossmiller was able to get the Coastal Commission offset
funding for the community.
Council Member Henn questioned why the City did not use all of the impact
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City Council Minutes
February 13, 2007
fees and Assistant City Manager Kiff responded that the funding could be
used for any similar project from the jetty southward. The City's need was
to bring some of the sand to Balboa Island, a project that did not qualify for
the funds.
Ron Winship said that sand replacement was the City's most important
duty. Property values in Newport Beach require decent sandy beaches and
it should be a focus of the City.
Dick Nichols thanked Tom Rossmiller for all his work and was pleased
that Corona del Mar got some of the sand.
execute an agreement substa
report with Cousyn Grading
include the language modifii
require that engines be shut
and 2) approve a budadf
estimates in Account 5 -4
appropriations by $155,
Replenishment.
The motion car by the
iy ) authorize the City Manager to
ila the one attached to the staff
emolition $196,000 as amended to
to Item 7 e Scope of Services to
;trucks are sta on Ocean Boulevard;
Vffment kU- 11JA -V4b easing revenue
y $166,000 and in g expenditure
CIP Item 7255 -C2371 , CDM Beach
call vote:
Curry, Mayor Pro Tem Selich,
bb, Council Member Daigle,
DESIGN CRITERIA FOR SINGLE
T. [100 -20071
fanner z reported on the draft temporary ordinance
lis design criteria for single and two -unit development. He said
the p ac ordinance would not change any of the current provisions
P ordina and advised Council that the proposed design criteria were
Planner Ramirez responded to Council Member Webb that staff
d to have the ordinance ready for adoption in January 2008 and
ed that this was staffs first attempt to comply with Council's
n to have something ready for implementation by April 1.
Mayor Pro Tem Selich stated that the General Plan Implementation
Committee reviewed the ordinance, recommended its adoption and felt that
the City needed to move forward to meet the April 1 deadline. This proposed
ordinance is a temporary ordinance and if adopted would be an un- codified
ordinance that would give Council flexibility should it find that some aspects
of the ordinance were not working as intended. He also pointed out that
there are appeal processes built into the ordinance.
Council Member Gardner said she received an email offering the opinion
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City Council Minutes
February 13, 2007
that if this process took place during residential plan check, it would be too
late and the author questioned whether the process should be applied earlier
in the process. Senior Planner Ramirez responded that staff felt it would
extend rather than shorten the process.
Council Member Webb hoped that architects would offer valuable comments
about the process so that it would not create additional work for them when
they presented plans that did not meet the design criteria. Council Member
Henn concurred and suggested that staff reach oT#t to architects so that they
are aware of the criteria in advance of submittinlans.
Brion Jeannette, architect, said it
advance what criteria they are e
concept for approval. There arc
approach. He suggested the fo
homeowner associations police e
more restrictive than the es; 2
committee; 3) appoint app
planners or engage a p ei
this interim solution were orl
permanent ordinance to be w r
would be even " stringent. .
was ipgffortant for architects to know in
rin � advan ce of preentig a
obleme with this d of rt 0 s for solution: 1) let the
r own building ce their guidelines are
evelop an arcliftitural design review
committee to in architects and
design review board. offered that if
ry it could take longer t n a year for a
and wondered if the permanent criteria
Mayor Pro Tem it would be ore expedient for the City to move
forward to develop erman feria a dopt an ordinance rather than
spend a lot of time suing _ o
ler, archite d for the most part most of the architects would
e to ee better b design and to implement a temporary solution
was, in 'a opinion, pro bly the wrong way to proceed. He said he agreed
th n Jeannette believed that architects were most concerned
a mem a making arbitrary decisions. However, this
o is a recta to further limit themselves with respect to
lions. He agreed that a committee was preferable to having staff
e the decisions during this period so that the process could
rar a more timely fashion. While the goals and ideas in the
are od the implementation will be difficult.
Ron inship felt this was a bad ordinance and should not be put in place.
He couraged the Council to move forward to adopt a permanent ordinance
an reserve the integrity of the community.
Park Cross, developer, believed that a temporary fix would create havoc and
he could not figure out an advantage to the community of a temporary
ordinance. Staff is backed up now and this ordinance would extend the
process even further. If he were to submit a project to plan check it would
take a year for the process to unfold until he was able to get approval. He
said he was moat concerned about sizes of lots.
Ian Harrison, architect, felt the temporary ordinance was a misstep.
Planners have varying degrees of design knowledge and the result of their
review would therefore be very subjective. He agreed that lot sizes were a
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February 18, 2007
problem and are creating difficulty with design criteria. He said he would
have a problem with the 50 percent planting requirement on Balboa Island
and about the massing of garage doors.
Dennis Wood, architect, agreed with other architects and felt this ordinance
was a very poor idea that had not been adequately thought through. The
design review board in Laguna Beach was started by a group of architects
and has deteriorated into a group of lay people without proper credentials
who were passing judgment on people's homes. He believed staff was not
qualified to pass judgment and that archite hould be the ones to pass
judgment. In his opinion an interim ordin is a slippery slope and will
lead to disaster.
Dick Nichols said he thought thi uld en. He tried to protect the
zoning in the areas that were dy well d. The City developed its
zoning for the past 40 years a , needs to take a e look at what it wants
to change and keep in place Fiat is Working.
ro Te said this
)sed de mme
;o to the art o
ae ordinan with m'
ing code is mple a
1 that time, p would be
Member G r felt the language could be softened to track with
intention of pro ' g guidelines and not mandates.
by
a31, 2008.
Once adequately addres the impervious
City should not require a cond story step
was before the Council because of a
t the difficulty in implementing
ouncil has two choices tonight --
es extend the deadline until the
0 for adoption and implementation;
to extend the implementation until
I MWAber Henn said he would be happy to modify the ordinance to
hom ners associations with active review boards. Secondly, it
that it Auld be rather easy to have a mid -stop between the Planning
ment and Planning Commission to provide a quick resolution. The
mandated to implement what is in the General Plan and what is in
neral Plan is in this ordinance. He would prefer to move forward with
olution with the two modifications and recommendations to soften the
Mayor Pro Tem Selich reiterated Mr. Jeannette's recommendations. He
would be amenable to excluding HOA's that had architectural review
committees and, staff could be instructed to reach out to the architects.
Amended motion by Mayor Pro Tern Selich to introduce Ordinance No.
2007 -3 as amended to exclude any homeowners associations that have
architectural review committees; and instructed staff to do outreach and
encourage the designers and architects to come in for an early consultation.
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The amended motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Pro Tem Selich, Mayor Rosansky,
Coucil Member Webb, Council Member Gardner
Noes: Council Member Curry, Council Member Daigle
L. PUBLIC COMMENTS
Ron Winship said he was shocked that the City and County do not require permits
for fumigators because of the toxic chemicals being ed. He asked the City to
request of the state that this process be monitored at l level.
Beverly Bernstein was also concerned about th gation materials and related
health concerns because of the number of p wing in her complex who have
severe ailments. She asked the Council carin d compassionate about this
issue and help the residents.
Bill Ficker was disappointed that t ity s rushing to s g about a City
Hall at the library site. He had ourag public exchange o ation and tried
to do that in his proposal to b op unities to the City Co Many people
could enjoy the site for City Hall a employees. Newport Cen has in excess of
8 acres that offers an opportunity ark areas and covered parking. He asked
Council to afford him apportunity to ent his plan to the community.
N. PLANNING COMMISSION AGENDA AND ORAL STANUS REPORT
17.
PLANNING COMMISSION AGENDA FOR FEBRUARY 8, 2007. [100-
20071
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Planning Director Lepo reported on the following Planning Commission
items: Santa Ana River Vision Plan Advisory Committee formation;
Planning Commission email policy; Planning Department website; standard
project conditions of approval, update on Planning Department organization;
and, Isla Vista Homes (PA2004 -123) — 1499 and 1515 Monrovia Avenue.
18. POLICE DEPARTMENT PLAN TO ADDRESS COMMUNITY
CONCERNS IN THE OCEAN BLVD. ARE OF CORONA DEL MAR
AND PENINSULA POINT. [100 -20071
Pions he made during a previous
scuss crime statistics for the
it intimated that enforcement
Ana del MaNMaran ean Boulevard
tuation, the dnds to address
tAm intendommunications
eighborho We ings; providing .
a of Corona dPeninsula; re-
ach areas; esquate lighting,
document graffiti. On a long -term basis the
tNdebeach l rity gate at the Corona del Mar
irection on securing a low light
and Peninsula Point and
of $75,000 including a storage
not recommend adding overtime
Poin a at this time.
Member Dai asked for more information on the Neighborhood
rogram and Chi McDonell elaborated with emphasis on attempting
ore public p pation. Anyone interested in becoming a block
7tact epartment.
Coun ' support of the Chiefs recommendations and and
kp,d him and the department for their responsiveness to this issue.
[snag AL m adu responded to Mayor Pro Tern Selich that the gate
be i Pd at the entrance. Chief McDonell said the gate would be
nically controlled.
Di j Nichols said he supported use of cameras and suggested a later
e rcement time of 12:00 midnight or 1:00 a.m. to 6:00 a.m.
otion b Council to 1) approve funding in the
amount of $10,000 for a metal security gate to be installed at the entrance of
the City municipal parking lot at Corona del Mar State Beach; and
2) directed staff to return with more information on the use of remote low-
light cameras in public areas for law enforcement purposes.
Substitute motion by Council Member Henn to 1) approve funding in
the amount of $10,000 for a metal security gate to be installed at the
entrance of the City municipal parking lot at Corona del Mar State
Beach; 2) directed staff to bring back info on the use of remote low -light
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City of Newport Beach
City Council Minutes
February 13, 2007
la
cameras in public areas for law enforcement purposes; 3) approve the use of
overtime on a trial basis for two officers to be assigned exclusively to the
Ocean Blvd. and surrounding area on Thursdays, Fridays and
Saturdays between the hours of 9 p.m. and 3 a.m. until the cameras are
implemented; and 4) approve a budget amendment (07BA -044)
appropriating $10,000 from the unappropriated General Fund balance to
3140 -8040 for the installation of the security gate.
The substitute motion carried by the following roll call vote:
Ayes: Council Member Henn, Coucil Member bb, Council Member Daigle,
Council Member Gardner
Noes: Council Member Curry, Mayor Pr m Selich, Mayor Rosansky
522. APPOINTMENTS TO THE CI COU L/CITIZEN5 ADVISORY
COMMITTEE ON INTENSE IDENTIAL CUPANCY. [100 -2007)
Motion by Coucil Membe ebb confirm the r s appointments as
follows: Mayor Rosans Chair arming Commissi Michael Tcerge;
Board of Realtors re n Craig Batley; Wes ewport Beach
Association representativ im Miller; Central Bal a Association
representative Louise Funden g; and at -large members Robert Rush and
Jeffrey Myers.
The motion carri ollowing ro vote:
Ayes: Council Mem r Henn, Me r Curry, Mayor Pro Tem Selich,
Mayor Rosan Co a ebb, Council Member Daigle,
19. OP FROM JUNCIL MEMBERS CURRY AND GARDNER
T AFSAFETY ISSUES AT NEWPORT COAST
RELIC OAD NORTH INTERSECTION. [100 -2007)
:il 4 er Curry spoke about the February 2nd accident that shook
mm As a result, he, Council Member Gardner, staff and law
ement ertook the challenge to address the issues specific to the
hange with the goal to prevent further accidents. He elaborated on the
mendations offered for consideration and recommended that Council
staff to move forward with the design to incorporate the matter in the
CIP program.
PReve Shulman, Traffic Services Division, responded to Council Member
Webb that as represented by The Irvine Company the map clearly indicates
signage that specifies, "do not enter on Pelican Hills North" and there should
be supervisors present to direct traffic accordingly. Council Member Webb
said some individuals have said this exit should be closed and the City does
not have the authority to enforce such a closure. The vehicle code gives
trucks the right to proceed over the most direct route.
Lilly Cooper, Vice President, Pelican Heights HOA, said the intersection has
been a concern for many years and that numerous accidents have occurred
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City of Newport Beach
City Council Minutes
February 18, 2007
at the poorly designed intersection. Mrs. Cooper said that she believes the
homeowners association has no jurisdiction outside of the gate for purposes
of granting easements. City Manager Badum stated that according to
assessor records the intersection is owned by the HOA.
Steve Craig, President, Pelican Heights HOA, presented Council with
several letters. He said he witnessed the accident and was stuck inside the
gate for more than an hour. The Irvine Company employees were unable to
get The Irvine Company to respond and no enforcement was provided for
traffic control. He appreciated Council Me rs Curry and Gardner's
speedy response to this problem and felt it as time for the City to act to
properly redesign and mitigate this inte nge.
Charles Bollis tha ed Coun ers Wry and Gardner for their swift
res se. The inter ction ' poorly ed and extremely dangerous. At
t of Imam. a gate atten ant had no idea there had been an
ccide and refused let him through. He suggested installing speed
humps slow both the ck and passenger vehicle traffic.
!va!nd oeme trucks weigh 66,000 pounds and are a serious
t!!d y is concerned about who has responsibility and
to p cipate in re- engineering this intersection. He urged
work with them to come up with alternative designs for the
Co it Member Webb suggested the City consider a maximum truck speed
of 435 mph all the way down the hill to Coast Highway.
M ion by Council Member Curry to 1) approve and direct staff to
lement a specific list of Safety Improvement Measures recommended by
09uncil Members Curry and Gardner; and 2) direct staff to report back to
the Council and the community every three months with information about
the effectiveness of these measures and to evaluate truck speed limit as
suggested by Council Member Webb.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich,
Mayor Rosansky, Coucil Member Webb, Council Member Daigle,
Council Member Gardner
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City of Newport Beach
City Council Minutes
February 13, 2007
20. TRANSIENT OCCUPANCY TAX (TOT) INCENTIVE PROGRAM -
CRYSTAL COVE HISTORIC DISTRICT. [100 -8007]
Assistant City Manager Kiff stated that this agreement proposes to return
100% of the Transient Occupancy Tax charged to the Crystal Cove cottages
back to the Crystal Cove Alliance to assist them with cottage restoration
efforts and allow them to acquire matching funds in order to bring more of
the cottages back on line faster.
Council Member Gardner said she supported W program that allows people
to stay on the beach for a reasonable amo uqeas well as other benefits.
Mayor Pro Tem Selich felt it was be li \wansupport venue and pour it
into one project. There are other storihin the City that
may request similar programs. t e City t Crystal Cove the
project should compete on i merits ects on an annual
basis.
Council Member Daigle too wo uls included as a
CIP project that should be eqLated and funded just like all'other projects
Mayor Rosans Iso toured t facility and was skeptical about the
approval of a agreemen r a significant amount of money.
Certainly this p et eed to ete on an annual basis and would
like Council con nee to tall pr a revised agreement. He was
-' "- -
k res-p-&Wto Council Member Webb that if the City approved
annual allocation the Alliance would move to immediately put
o use.
Da ee, Chalkman, Crystal Cove Alliance, stated that the Alliance was
closlo entering into a design -phase contract with the architects and
)en sere for a $20 million build -out. The effort is to move forward
diately and to use the TOT funds toward that end with money being
within 60 days. Mayor Rosansky said he understood the TOT funds
be used to restore cottages to be placed in the rental pool.
Rich Rozelle, Superintendent, Orange Coast District, California State Parks,
said this project is in the top ten of the department's priority list.
Council Member Curry supported the project while sharing Mayor
Rosansky's concerns. The five years gives the Alliance long -range planning
opportunities while giving the City the right on an annual basis to review
the merits of the project and cancel upon 60 -days notice should it deem
appropriate.
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City of Newport Beach
City Council Minutes
February 18, 2007
Mayor Rosansky said he understood the agreement but felt that if the
Council approved the agreement the 60-day cancellation clause would never
be exercised.
Mayor Pro Tem Selich said he would prefer to have this agreement
considered on an annual basis. Council Member Daigle reiterated her desire
to have the agreement included for consideration as part of the annual CIP
budget.
Motion by Coucil Member Webb to au the City Manager to
execute an Agreement (based on the Term eet attached to staff report)
between the City and the Crystal Cove nee to assist the Alliance with
cottage restoration efforts by retur % of the City's share of the TOT
to the Alliance.
The motion failed by the
Ayes: Council Member
Gardner
Noes: Council Member'
Council Member I
Q. MOTION FOR REG
R. ADJOURNMENT -]
The agenda for the
on the Cit Hall E
Beach A trati
City Clerk
Dated on
i located
Building.
roll call vote:
Member
Pro Tem Selich,
Soffer
Council Member
Rosansky,
Rs posd on February 7, at 2:18 p.m
oca utside of the City of Newport
The supp mental agenda for the Regular
ry 8, 2007, at 8:00 p.m. on the City Hall
.de of the City of Newport Beach
Recording Secretary
Mayor
Volume 58 - Page 49