HomeMy WebLinkAbout0 - Minutes - 04-08-2008CITY OF NEWPORT BEA
City Council Minutes
Regular Meeting
April 8, 2008 — 7:00 p.m.
I.
STUDY SESSION - 4:00 p.m.
H.
CLOSED SESSION - 5:17 p.m.
III.
RECESSED
IV.
RECONVENED AT 7;OO,P.M. ]
V.
ROLL CALL
Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich,
Council Member Webb, Council Member Curry, Council Member Gardner
VI. CLOSED SESSION REPORT - None =�
VII. PLEDGE OF ALLEGIANCE - Compil MemT r_Rosq
VIII. INVOCATION - Reverend Tim lt$cOmont, Presbyterian Church of the Covenant in Costa
Mesa
IX. PRESENTATIONS ,
.g!�tt d,iipii
Presentation of a Proclamation to the glinerican Heart Association for Start! Walking Day
on April 16, 2008 - MagbY SeA_Shaad,,the proclamation and presented it to Dawn Hoem. Ms. Hoem
stated that they hope to wane million miles across the nation to raise $1 million.
-airy
Presentation of,a Ptoclamati for DMV/Donate Life California Month - Mayor Selich read
the pro clamatio and `resented its o Susan Duffy. Ms. Duffy reported that people can find out more
information about. u' °`t www.donatelifecalifornia.org or www.donevidacalifornia.org, and
announced he A ftnual Donate Life Walk/Run will be held at Cal State Fullerton on April 26.
Prese ation of heck . y Newport Beach Arts Foundation for Marine 1/1 Memorial
Monument - Lila espin and Patricia Jorgensen presented- a $5,000 check to Mayor Selich and
Council Member Cur>y. Council Member Curry announced that the groundbreaking ceremony will be
held oikmav 26.
0
XI.
OR REPORT _(NO_N-
M' r''Pro Tern Daigle described the proposal that the Harbor Commission will be considering on
April 9 relative to constructing docks for offshore moorings.
Council Member Gardner announced that the Corona del Mar Residents Association will be holding
its annual meeting on April 23 at 5:30 p.m. at Sherman Gardens; the Corona del Mar Neighborhood
Watch will be getting a presentation on April 16 at 6:30 p.m. at the Central Library; and the Fire
Volume 58 - Page 441
Agenda Report #1
April 22, 2008
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
April 8, 2008 — 4:00 p.m.
I. ROLL CALL
II.
Present: Council Member Henn, Mayor Pro Tem Dai ,.Mayor Selich, Council Member Curry,
Council Member Gardner
Absent: Council Member Rosansky, Council Me# er Webb
CURRENT BUSINESS:
1. CLARIFICATION OF ITEM NT CONSENT CALE R.
Council Member Gardner cl that Item 9 (City Ga ay Signage) is for
the Newport Coast Community Cen
Council Member H eked if Item (Walker Parking Consultants) includes
a mandate to analyze a to parking s ons. He stated that he will ask for it to
be added, if needed.
2.
Regardin m S14 (City''IHall 'sign Co tition), Mayor Selich reported that the
City H CommitteApolourred with the $50,000 stipend.
tuber Wdbb joined the meeting at 4:05 p.m.
yjIng of emerrnant Fox provided a brief overvew of the City's Pre -plans and noted that a
ed in each supervisor's vehicle and in the SWAT van in the event of an He believed that the current security measures, such as secured public ncy panic buttons, and having a uormed officer at Coun, good and recommended continuing them. He reported that police officers
receive annual training to handle assaults and are equipped with ballistic shields,
helmets, and high powered rifles. He encouraged all forms of notification during an
emergency and offered to meet with Council Members to do a walk through of the
security measures.
Council Member Gardner agreed that all incoming Council Members be trained and
briefed on security measures.
Volume 58 - Page 438
City of Newport Beach
Study Session
April 8, 2008
3. PROPOSITION 83 ("JESSICA'S LAW).
Police Sergeant Hamilton reported that he maintains a database of all sex registrants
in the City. He indicated that there are six full addresslzip code sex offender
registrants residing in Newport Beach. He reported that the neighboring cities have
more and all high -risk registrants and their photos are accessible on the California
Megan's Law website. He indicated that there are 14 no -post registrants in the City
that are not on the public website. He noted that there is only one other City in Orange
County that has less full address/zip code sex registr nts and there are currently no
paroled sex offenders in Newport Beach. Consta ontact is kept with the parole
officers to discuss registrants and high -risk sex o ders. He discussed the process for
registering in the City and that periodic p of officer and detective visits are
conducted. He stated that there has only b 6 arrests since 2004 for registration
violations in the City, but noted that all em not registrants of the City.
Police Lieutenant Morton di
expressed concern that some
which makes it hard to track t
Council Member Curry state
for future overconcentration of se,
address the issue and revent the
and neighborhoods.
In response to Councill
how an offender that m
that registrants are not
legal issu involving Jessica's Law. He
allowed by to register as transients,
1 that issue be discu d due to the concern
a. He asked that staff draft an ordinance to
ntration of sex offenders in particular units
Lieutenant Hamilton explained
led in California. He reported
s Law website and view other
the meeting at 4:33 p.m.
support for Council Member Curry's recommendation
by law enforcement as to whether an ordinance is
)n in a reasonable manner.
Vh resp a to nager Bludau's question, Lieutenant Morton stated that, if a new
park is d loped to where a sex offender already resides, the registrant is exempt
from the o ance.
In responsf to Council questions, Police Chief Klein stated that "Keep Your Teen Safe"
a pro that highlights issues that parents need to discuss with their teen, such as
g, ug use and internet safety. He stated that they are following up on the
pre u eetings and the most popular portion of the program was internet safety. He
state t the Police Department tracks sex registrants and can see if too many are
moving into the same area. He stated that no action will be taken if two sex registrants
reside in the same building, but the Police Department will continue to monitor them.
Assistant City Attorney Harp reported that the Supreme Court is currently reviewing
Jessica's Law and should make a decision by the end of the year. He asked Council to
clarify if their concern is for residency or presence restrictions.
Council Member Rosansky suggested that there be a six month follow -up to see if there
are changes in the number of sex offenders registered in the City. Council
Member Henn indicated that, if there are changes in the law prior to the six month
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City of Newport Beach
Study Session
April 8, 2008
follow -up, the item should be brought back sooner.
4. APEX SKYPARK PRESENTATION.
Assistant City Manager Wood introduced Bob Bockrath of Apex Skypark, a company
that provides automated robotic parking solutions.
Mr. Bockrath utilized a PowerPoint presentation that discussed the company, space
saving comparisons, standard modules, optional modules, how the system works, past
experiences, tests, assembly tooling, current proje conceptual views, shoring for
towers, and examples of uses in the City. ,fi=r°
In response to Council Member Rosans5noted
charge $20,000 to $25,000 per stall;
increases. He stated that the parking st
months to show people how to Z
vehicles can be physically mo
outage. He discussed safety
the safety and reliability of th
, Mr. Bockrath stated that they
price decreases as the project
y have attendants for the first
f a malfunction in the system,
to vailable in case of a power
Stu have been conducted on
Mr. Bockrath reported that the ng structure includes pumps to collect oil and
water before it gets into the Bay, s Jr panels are used to help reduce energy costs,
and the retrieval tin the System to ver a vehicle is approximately two minutes.
III. PUBLIC COMMENTS -Non
IV. ADJOURNMENT - 5:17 p.m.
The agenda f tudy Sessi (of posted on1pril 2, 2008, at 2:80 p.m. on the City
Hall Bullet' Boar located ou the City of Newport Beach Administration
Building.
City Clerk
Recording Secretary
Mayor
Volume 58 - Page 440
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
April 8, 2008 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m AF
II. CLOSED SESSION - 5:17 p.m
III. RECESSED / Q
IV. RECONVENED AT ,7•an P M Rnn RF.RTTT.A 1%A T. TTNl2 _.
Presentation Pr lamation to t American Heart Association for Start! Walking Day
on April 16, 200 .ch read th roclsmation and presented it to Dawn Hoem. Ms. Hoem
state hop wa o es across the nation to raise $1 million.
esentation o Pro tion for DMV/Donate Life California Month - Mayor Selich read
the proclamation a prese it to Susan Duffy. Ms. Duffy reported that people can find out more
ormation about tl progra t www.donatelifecalifornia.org or www.donevidacalifornia.org, and
a need that the A nual Don to Life Walk/Run will be held at Cal State Fullerton on April 26.
Prese tion of C eck by Newport Beach Arts Foundation for Marine 1/1 Memorial
Monum Lila espin and Patricia Jorgensen presented a $5,000 check to Mayor Selich and
Council Me 'fir Cry. Council Member Curry announced that the groundbreaking ceremony will be
held on May 2'
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 -C NON-
DISCUSSION ITEM):
Mayor Pro Tem Daigle described the proposal that the Harbor Commission will be considering on
April 9 relative to constructing docks for offshore moorings.
Council Member Glover announced that the Corona del Mar Residents Association will be holding its
annual meeting on April 23 at 5:30 p.m. at Sherman Gardens; the Corona del Mar Neighborhood
Watch will be getting a present��i on April 16 at 6:30 p.m. at the Central Library; and the Fire
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City of Newport Beach
City Council Minutes
April 8, 2008
Kim
Department vs. Police Department basketball game will be held on April 11 at 6:00 p.m. at the
Newport Coast Community Center.
Council Member Gardner announced that, after 11 years, the "Contaminated Water" sign has been
removed from Newport Island 33rd Street beach due to the efforts of the City and residents.
Council Member Curry reported that General Services will begin repairing the potholes on San
Joaquin Hills on April 9.
Council Member Curry discussed his week long participation arvard University on the topic of
Driving Government Performance.
Council Member Webb announced that the Orange Cc Transportation Authority (OCTA) will be
holding an open house on April 10 at 5:00 p.m. at B ceut Seabase relative to the possible
extension of Route 55. Mayor Selich reported t the OCT ill also be discussing the possible
extension of Route 55 at the Speak Up Newport eting on April t 6:00 p.m. at the Newport Beach
Yacht Club.
v
Mayor Selich and Council Member We disc ed the traffic delays Coast Highway between
Dover Drive and Newport Boulevard. Ma ch indicated that the dela are generally from 9:00
a.m. to 3:00 p.m., will run until April 18, that more information is available on Caltrans'
Transportation Hotline (800 -72 - 0353). Coun ember Rosansky noted that there will also be
delays on Superior Avenue fro at Highway 17th Street due to Costa Mesa and Newport
Beach's repaving projects.
CONSENT CALENDAR
A.
1. IINUI OF THE PECIAL MEETING AND REGULAR MEETING OF
"%MARC 25, 2008. [10 1?0081 Waive reading of subject minutes, approve as written
O ES AND RESOLUTIONS. Waive reading in full of all
and resolutio u
nder r consideration, and direct City Clerk to read by title
3. VRES LUTION ESTABL ISHING THE TASK FORCE ON GREEN
LOPMENT. [100 -20081 Adopt Resolution No. 2008 -21 establishing the Task
on Green Development.
4. OSED ASSESSMENT DISTRICT NO. 101 - AREA GENERALLY
DED BY BUENA VISTA AVENUE, EDGEWATER AVENUE, ADAMS
STREET, AND BALBOA BOULEVARD - FOR UNDERGROUNDING
UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES
DISTRICT. [381891100 -20081 a) Adopt Resolution No. 2008 -22 Receiving a Petition
for, Adopting a Map Showing the Proposed Boundaries of, and Making Appointments
for Proposed Assessment District No. 101; b) adopt Resolution No. 2008 -23 Declaring
Intention to Order the Construction of Certain Improvements in Proposed
Assessment District No. 101, Declaring the Improvements to be of Special Benefit,
Describing the District to be Assessed to Pay the Costs and Expenses Thereof,
Providing for the Issuance of Bonds, and to Designate the Area an Underground
Utilities District; c) adopt Resolution No. 2008 -24 Giving Preliminary Approval to the
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City of Newport Beach
City Council Minutes
April 8, 2008
Report of the Assessment Engineer for Assessment District No. 101, Setting a Time
and Place for a Public Hearing as May 27, 2008, and Ordering the Initiation of
Assessment Ballot Procedures; d) Resolution No. 2008 -25 Approving Utility
Improvement Contracts for Utility Improvements for Assessment District No. 101;
and e) approve the Bond Counsel Agreement with Robert Hessell (C- 4039), and
authorize the Mayor and City Clerk to execute the Agreement.
C. CONTRACTS_AND.AGREEENTS
5. POLICE FACILITY LOBBY RENOVA N (C -3902) - AWARD OF
CONTRACT. [381100 -20081 a) Approve t . project plans and specifications; b)
award contract to Houalla Enterprises L dba Metro Builders & Engineers Group
LTD., for the total bid price of $249,400 authorize the Mayor and City Clerk to
execute the contract; and c) establis 6,9 cover construction contingency and
other anticipated casts.
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City of Newport Beach
City Council Minutes
April 8, 2008
Council Member Henn suggested that the contract include an analysis and recommendation
relative to using automated parking solutions.
In response to Dick Nichols' question, Mayor Selich indicated that the contract is for a
feasibility study and that automated parking structures is just one idea to consider in the
study. Assistant City Manager Wood reported that the agreement is to study the parking
supply and demand, different management techniques, and possibly add to the public parking
supply. Further, the consultants will assist with the parking requirements in the new zoning
code.
Dolores Otting took issue with spending $196,380 for Affiarking feasibility study when Council
Motio Co c'1 Membe ebb to approve Amendment No. 1 to Professional Services
Agre ent wit Oil Well Se Company for on -call oil repair services and authorize the
Mayor City, lerk to execute a Amendment.
tion a wi ll call vote:
Ayes: Co il er Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Seli c Coun ember Webb, Council Member Curry, Council Member Gardner
COUNCIL CCEPT CE AND FILING OF THE SANTA ANA RIVER TRAILS
VISION PL REPORT. [100 -20081
cil Me her Gardner reported that the City received a grant from the Wildlands
Co anc - to conduct a vision plan for its end of the Santa Ana River. She indicated that
New ach, Huntington Beach, and Costa Mesa's vision plans will be combined in order
to get p c feedback on how to make the Santa Ana River a recreational facility, as well as a
flood control facility.
Motion by Council Member Webb to a) accept and file the report; and b) start meeting
with key interest groups /stakeholders to solicit feedback and start coordinating with other
agencies which have also developed plans for their segments of the Santa Ana River.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
514. STIPEND FOR CITY HALL DESIGN COMPETITION. [731100 -20081
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City of Newport Beach
City Council Minutes
April 8, 2008
R4 CI
Rm
Barry Allen reported that he attended yesterday's City Hall Design Committee meeting and
took issue that the City will be paying firms to compete to design the new City Hall since the
winning firm will be making a lot of money from the design/build contract. He noted that the
initial amount was $25,000 per firm but was increased to $50,000 per firm. He suggested
going out to bid for the project.
Jan Vandersloot noted that he also attended the committee meeting and took issue that the
building size and parking lot size increased from what was voted on in February.
Mayor Selich confirmed that Council will see th<transtion ria. He clarified that the $50,000
stipend was a recommendation from the Buildee and reported that his research
confirmed that this amount was sufficient in ore best architectural firms submit
proposals. Mayor Pro Tern Daigle indicated th to people in that profession and
they confirmed that offering a stipend is stan
Dick Nichols asked when the scope of r ation criteria will be developed.
Mayor Selich stated that the progr paramcussed at a future Council
meeting.
r Pro Tern )Da unced that the Media and Communications Committee will be meeting on
9 at 2:30 pook a City's communication plan.
r Pro Tem a discus d the Aviation Committee and indicated that she will be making
tnts durin12.
Council Yhe reported that the Finance Committee reviewed the City's insurance program.
He stateso received a report on the benchmarking performance measures and that a
report wefore Council on April 22.
PU BLI
10. REVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FISCAL YEAR
2008 -2009 ONE -YEAR ACTION PLAN FOR SUBMISSION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. [100 -20081
Kathlyn Bowden, Economic Development Coordinator, provided the staff report and reported
that the City's entitlement amount is $355,659. She stated that the five public service
providers that will be receiving a total of $53,348 in public service grants are Human Options,
South County Senior Services, Serving People in Need (SPIN), Families Forward, and Fair
Housing Council of Orange County.
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City of Newport Beach
City Council Minutes
April 8, 2008
In response to Council Member Rosansky's question, Assistant City Manager Wood reported
that the City can only use 20% of the funds for public services and, since the grant requires a
lot of reporting for a smaller portion of money, many public service providers no longer apply
for the grant. However, this now allows the City to give a more reasonable amount of money
to the agencies.
Mayor Selich opened the public hearing.
Margie Wakeham, Executive Director of Families Forward, distributed a brochure and her
business card, and discussed Family Forward's broad ge of services. She reported that
they assisted 150 Newport Beach families last year a at the average stay is one year.
Jean Wagner, Serving People In Need (SPIN), orted that 10,000 volunteer hours were
Hearing no further testimony, Mayo 'ch closed the public hearin .
Webb to ove the 2008 -2009 CDBG Action Plan; authorize
ignee to ex e the FY 2008 -2009 CDBG Program Grant
% is on be ha the City; and adopt Resolution No. 2008 -26
to s the 8 -2009 application for CDBG funds and
donated last year, 93 °.G of the funds received g to the program, 86% of the people they
helped became self - sufficient, and they we le to he 4 people due to the City's grant.
Alicia Basurto, Human Options Associ Director, stated the staff report indicated that
Human Options would assist fi v 'ents om the City domestic violence issues;
however, they can actually assis clien ith the grant.
the City Manager or 1
Agreement and all relaG
authorizing the City Ma
One -Year Action Plan to
by the
er Henn,
Member'
call vote:
cil Member Rosansky, Mayor Pro Tem Daigle, Mayor
Council Member Curry, Council Member Gardner
i st Air Quality Management District (SCAQMD), provided an
and a the date" cards for their conference /expo in September. She reported
epting inations for the 20th Annual Clean Air Awards (www.agmd.gov).
ner rev d that Ms. Reed volunteered to be on the Task Force on Green
on behalf of 10,000 Costa Mesa residents, discussed the potential Route 55
that the residents have about the proposal.
Karen Tringali ressed concern that there is a movement to increase the size of City Hall and the
parking strnctur°`e from what was discussed during the February election.
Dolores Otting agreed with Ms. Tringali and asked why a needs assessment was not doing during the
negotiations with The Irvine Company. She reminded Council that the public will be paying for the
new City Hall and that all the meetings should be open to the public.
Ms. Otting reported on a Water Advisory Committee (WACO) meeting she attended in Fountain
Valley last Friday in which pharmaceuticals in drinking water was discussed.
Jan Vandersloot expressed concern that City Hall will take over the entire park site since the building
size will be increasing. He recommended retaining the current Council Chamber for a community
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City of Newport Beach
City Council Minutes
April 8, 2008
center.
Dr. Vandersloot questioned why the olive trees are being cut down near the DeAnza Mobile Home
Park. City Manager Bludau indicated that General Services Director Harmon has met with the
DeAnza Homeowners Association and reported that the trees will be replaced. He indicated that Dr.
Vandersloot can contact the General Services Director for more information. Council Member Webb
reported that he receives tree removal reports from General Services for his district and that most of
the trees are removed because they are diseased.
Barry Allen suggested not erecting signals or adding roads in City Hall design so public views
along MacArthur Boulevard are not impacted. He also recom nded placing a green roof on the new
City Hall.
XVII. PLANNING COMM
11. PLANNING
Planning Director Lepo reported on
(PA2007 -100) - 5515 River Ave
n
311 Fernleaf Avenue Appeal (P
Tommy Bahamas (PA2008 -029) - 85
XVIII. CURRENT BUSINESS
12. CONTRACTUAL AC
FOR CONSULTING
4088). [381160 -2008]
APRIL 3, 08. [100 -2008]
City Man ludau big h the Newpo"W Beach City Council Airport Policy and
reporte at t contract is ave Mr. Edwards meet regularly with community -based
orga lions a individuals ' rested in John Wayne Airport (JWA) issues. He noted that
copie a pr osed agreement ere distributed.
Pro us airport issues and the importance of preventing the
a of while pre g the settlement agreement and existing noise curfew, and
the pote 1 en nmental impacts of JWA. She reported that the key provisions of the
airport po were rporated into the General Plan Update and include strengthening the
5h�zs..
City's relati ship wi ther cities impacted by JWA. She discussed using Go Local Program
r funds, fin din ` ther gro nd transportation alternatives, and retaining the services of Richard
Cox. She counended the work of the Airport Working Group (AWG) and AirFair.
ion b ouncil Member Curry to a) approve the City Manager's recommendation to
ent . to t ragreement; and b) authorize the City Attorney to finalize a professional services
Contra ch incorporates the scope of work and financial considerations stated in the staff
report. ;`
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
S15. CONTRACT PLANNING SERVICES AND HEARING OFFICER SERVICES
RELATING TO TITLE 20 HEARINGS. [681100 -2008]
Assistant City Manager Kiff provided the staff report, reviewed the recommendations, and
reported that the City has not received any group residential home applications.
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City of Newport Beach
City Council Minutes
April 8, 2008
In response to Dolores Otting's questions, Assistant City Manager Kiff reported that the
budget was included in the implementation plan. He reported that code enforcement conducts
investigations relative to any group residential home allegations and issues, but cannot
comment on any investigation since they are ongoing.
Council Member Henn emphasized that the City is serious about enforcement and
implementing the ordinance. He reported that the City has more to do to verify that the
hearing officers and firms do not have any conflict of interests and received confirmation that
staff may come back to Council with different or additional recommendations for hearing
officers and firms. ,
Motion by Council Member Rosanskv to a) rat' tl
the following persons to conduct administrative ing+
Judy A. Sherman and Charles S. Vose; and at
interview and select one or more of the fo mg firms
staff to assist in the review and process' of Use Pern
Uses: Larry Lawrence of Lawrence & a s; Debbie
W. Mobley of Roger W. Mobley Co ing.
The motion carried by the folio vote:
Ayes: Council Member Henn, Council ember
Selich, Council Me er Webb, Coun et
XIX. MOTION FO_ R_ RECON
XX. ADJOURNMENT - Adjourned at
The agenda for
HaII Bulletin rd
The supple ntal al
on the Cit all
Administration il,
City Clerk
a City Manager's recommendation of
on Title 20 issues: Thomas W. Allen,
City Manager's recommendation to
sons to serve as contract planning
lications for Group Residential
:i ppLinn & Associates; and Roger
Rosansky, Mayor Pro Tem Daigle, Mayor
[her Curry, Council Member Gardner
April 16, 2008, at 7:00 p.m
ar Meet g s posted o April 2, 2008, at 2:30 p.m. on the City
d outsid the City of Newport Beach Administration Building.
for the lar Meeting was posted on April 4, 2008, at 2:35 p.nL
tin Board located outside of the City of Newport Beach
Recording Secretary
Mayor
Volume 58 - Page 448