HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1
City of Newport Beach January 25, 2011
City Council Study Session
January 11, 2011
management study, believed that phasing is important, and urged Council to move
quickly.
In response to Council questions, Mr. Howard stated that his needs include a lot line
adjustment and confirmation of the uses for the City Hall property. He also stated
that they support the creation of a sky bridge and asked for independent access off of
Newport Boulevard to Finley Avenue. He emphasized that competitive retail is
considered incompatible with his property location.
Matt Montgomery, Bayfront Holdings LP, provided his intentionAfor his property,
expressed support for the plan, and encouraged Council to suppor4f%hplan.
Niguel Varnado expressed support for the plan and
worked on it.
Larry Porricelli, Regency Theaters, expressed support for
Russ Flueter expressed concern that the proje
quality residential apartment is needed in the
estimates, and discussed parking.
Lee Sterns expressed opposition to allowing a
retaining a fire station, and believed that o
Bob Rush believed that there is a n a v
expressed concern that Hoag HosjgW wifift an
Hugh Helm urged Council to
Association to be a part of th<
Nancy Helm be
stated that the
sidewalk area, q
Tim
uses.
who
ed that a
cash flow
Wexpressed support for
should be reinforced.
composition of occupants and
mt in the space.
a r*rerentative from the Lido Isle Community
Theater should be the focal point of the area,
Should be removed to allow space for more
about the amount of parking spaces.
that the plan permanently removes some of the Elks
to consider the character of the area as well as the
Blaine B h expressed support for the plan and thanked Council for proposing to
improve t a.
Linda Klein believed that affordable senior housing does not support the plan for a
vibrant upscale gateway to the Peninsula.
Bernie Svalstad urged Council to consider adding a historical society to the plan.
Tom Billings expressed support for the plan, stated that a police substation is
needed on the Peninsula, opposed the addition of a canal, expressed concern about
parking, and commended Mayor Henn for his work with the plan.
Laura Curran expressed concern about the clarity of details, discussed transit
problems, talked about circulation and connectivity;: a tad es ed rtbh 0 a
nsportai:ion�n�des,�d pxpvidedppsstbl,� et�ulaaxs,
Volume 59 - Page 2
City of Newport Beach
City Council Study Session
January 11, 2011
Agenda Item No. 1
January 25, 2011
management study, believed that phasing is important, and urged Council to move
quickly.
In response to Council questions, Mr. Howard stated that his needs include a lot line
adjustment and confirmation of the uses for the City Hall property. He also stated
that they do not support the creation of a sky bridge and asked for independent
access off of Newport Boulevard to Finley Avenue. He emphasized that competitive
retail is considered incompatible with his property location.
Matt Montgomery, Bayfront Holdings LP, provided his intentions for his property,
expressed support for the plan, and encouraged Council to support the plan.
Niguel Varnado expressed support for the plan and coftented everyone who
worked on it.
Larry Porricelli, Regency Theaters, expressed support for
Russ Flueter expressed concern that the project is being rushed, believed that a
quality residential apartment is needed ' the a ea .- .proved= potential cash flow
estimates, and discussed parking.
Lee Sterns expressed opposition to allo ng a d swap, expressed support for
retaining a fire station, and believed that tke blocllWcture should be reinforced.
Bob Rush believed that there
expressed concern that Hoag I
Hugh Helm urged Cour
Association to be a part
Want composition of occupants and
occupant in the space.
from the Lido Isle Community
Nancy Helm belie a atIdo Theater should be the focal point of the area,
stated that tbo medi Via Lido should be removed to allow space for more
sidewalk area, and expressed concern about the amount of parking spaces.
4
TMLHenson expresseYconcern that the plan permanently removes some of the Elks
and ur*d Council to consider the character of the area as well as the
q i
Bush expressed support for the plan and thanked Council for proposing to
Whe area.
Linda Klein believed that affordable senior housing does not support the plan for a
vibrant upscale gateway to the Peninsula.
Bernie Svalstad urged Council to consider adding a historical society to the plan.
Tom Billings expressed support for the plan, stated that a police substation is
needed on the Peninsula, opposed the addition of a canal, expressed concern about
parking, and commended Mayor Henn for his work with the plan.
Laura Curran expressed concern about the clarity of details, discussed transit
problems, talked about circulation and connectivity, and addressed non - vehicular
transportation modes and provided possible solutions.
Volume 59 - Page 2
Agenda Item #1
January 25, 2011
CITY OF NEWPORT BEACH
Tim Collins, Co tan provided a erl?oint presentation that included the guiding
principles, alte tives, mmunity co ants, definitions, explanation of the programs and
uses, and tea comme dations.
Todd L rovi t pr tion that included the project approach,
dis lock hotos, ma ,G " ulation patterns, activity nodes, landmarks,. land _
p proposal, ati assing, proposed community service center, City Hall site, and
e parking inven infor on.
sponse to Conn uestion Mr. Larner stated that the title to the Finley access will be .
ad ed at a later t e, noted that the land swap will not result in the City losing footage,
clarifie at the proj proposes to expand the pedestrian access way to Mariner's Mile, and
discusse app roa to alleviating the parking deficit.
Richard Golli , Concord Group; utilized a PowerPoint presentation that included the
redevelopment programs and values, City Hall values, and graphs.
In response to Mayor Henn's question, Mr..Goffiw confirmed that the proposed Senior Housing
element will contain some assisted living units.
Don Howard expressed support for the revitalization of the Lido Village area, thanked Council
for commissioning the project, expressed appreciation to T.C. Collins and Associates for their
hard work and guidance, expressed concern about adding retail businesses that would
compete with existing, businesses, provided a letter fiom supportive residents, encouraged the
approval of an exclusive parking management - study, ,believed that phasing is important, and
urged Council to move quickly. -
Volume 60 - Page 1
City of Newport Beach
City Council Study Session
January 11, 2011
In response to Council questions, Mr. Howard stated that his needs include a lot line
adjustment and confirmation of the uses for the City Hall property. He also stated that they
support the creation of a sky bridge and asked for independent access off of Newport
Boulevard to Finley Avenue. He emphasized that competitive retail is considered
incompatible with his property location.
Matt Montgomery, Bayfront Holdings LP, provided his intentions for his property, expressed
support for the plan, and encouraged Council to support the plan.
r
Niguel Varnado expressed support for the plan and compliment everyone who worked on it.
Larry Porricelli, Regency Theaters, expressed support for project.
Russ Flueter expressed concern that the project eing r&,, ed, believed that a quality
residential apartment is needed in the ZgtA ded potenti ash flow estimates, and
discussed parking.
Lee Sterns expressed opposition to allo swap, express ed ort for retaining
afire station, and believed that the block should be reinforced.
Bob Rush believed that there is a need for a vi nt composition of occupants and expressed
concern that Hoag Hospital will n occupant in 114,space.
Hugh Helm urged Council to a oin resentati from the Lido Isle Community
Association to be a part of the pl proce .
Bernie.Svals urg Council to consider adding a historical society to the plan.
Tom Billings a sed support for the plan, stated that a police substation is needed on the
Peninsula, opposed the addition of a canal, expressed concern about parking, and commended
Mayor Henn for his work with the plan.
Laura Curran expressed concern about the clarity of _details, discussed transit problems, and
talked about circulation and connectivity.
Craig Batley stated, that a senior housing factor is not exciting and noted that more proposals
are needed.
Denys Oberman thanked Council for their efforts, expressed concern for the plan's
commitment to existing businesses, believed that hospitality use is needed, and stated that
Volume 59 - Page 2
City of Newport Beach
City Council Study Session
January 11, 2011
III.
IV.
more stakeholders should be solicited for input.
Bill Dunlap, St. James Church, expressed support for the plan and expressed concern about
future parking arrangements for the church.
Mayor Pro Tern Gardner expressed support for having a mixed tenant use and including a
historical society in the plan. She questioned the need for having a community center in
Banning Ranch and on the Peninsula and clarified that the proposed canal will incorporate
water quality improvements.
Council Member Selich stated that the current plan is
and discussed the timing and design for the area.
community center, housing options, and a historical so(
Council Member Rosansky stated that he
believed that the City should retain the Y
adjustment. He expressed support for a
services center should be much larger th
Council Member Curry believed that rei
the property, expressed the need for good
the hotel idea will be addressed..
Council Member Daigle stated
and discussed the benefits of self
Henn ex
1 and con
lders for
t was the
such
increases id %u
consensus on
the housing elan
the final concept
I from the original plan
support for the canal,
the appr . d version of the design,
xe access, supported the lot line
ety, but believ that the community
erating entities are the be'9t public use for
both visitors and residents, and hoped that
of hT g will require more discussion
:d that the an is impro nt from the original plan, believed
)uld never be recognized the concern of stakeholders, believed
&d to inv a residents and to, explore the various uses,
Finley Avenue ccess, expressed concern about the pedestrian pods,
senior houein at the location, discussed his concern about
about t possibility of having public service on the land at
;ed support for the updated plan, summarized the discussions,
tad t am that worked on the plan expressed appreciation to the
'pating the process, and commended the public for providing
sus of Council that certain elements remain in the plan as presented,
ual access for Finley Avenue, and allowing the lot line adjustment.
nsensus in support of their willingness to trade off residential density
more open space and view corridors to the water. Council did not reach
;s of the size of the community service center element and the nature of
These issues will be considered again at the January 25 meeting, when
is presented for approval by Council.
PUBLIC COMMENTS - None
ADJOUANMENT - 6:16 p:m
The agenda for the Study Session was posted on January S, 2011, at 2:50 pan. on the City
Half Bulletin Board located outside of the City of Newport Beach Administration Building.
Volume 59 - Page 3
City of Newport Beach
City Council Study Session
January 11, 2011
City
Recording Secretary
CITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
January 11, 2011 — 7:00 p.m
A. O1 VL1 OL`O Awll - % ;VV F.11L
II. CLOSED SESSION - 6:15 p.m.
A. Conference with Legal Counsel -
B. Conference with Legal Coun - Anticipate itiLration -
Prop e V2Ma hur Blvd, Irvine, APN 445 -132 -009
City Negoebb, City Engineer; Andy Tran, Senior Civil Engineer
Negotiating Part ios: South Coast Thrift & Loan (First California Bank)
Under Negotiation Price and Terms of Payment
Property: 19742 MacArthur Blvd, Irvine, APN 445 -132 -011
City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer
Negotiating Parties: Bates Johnson Building, Ltd.
Volume 60 - Page 5
City of Newport Beach
City Council Minutes
January 11, 2011
Under Negotiation: Price and Terms of Payment
Pro e : 19712 MacArthur Blvd, Irvine, APN 445 -132 -018
City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer
Negotiating Parties: CIP Centerpoint 123, LLC
Under Negotiation: Price and Terms of Payment A
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Hill, Council Member Ros , Mayor Pro T
Council Member Selich, Council Member C Yy, Co„ cil Member
VI. CLOSED SESSION REPORT
Mayor Henn,
City Attorney Hunt reported that, regarding II.B.2 (po al litigation relative to Morningside Zoning
Agreement), Council unanimously auth ' ed the defense the matter if it is filed, but instructed
staff to keep the lines of communication o ce the filing is a citizens.group from the City.
VII. PLEDGE OF ALLEGIANCE Council
VIII. INVOCATION - Mr. Frank CA#,rpenter
Junior Lifeguard of Year
Fire Chief Mor g hm of 9 year old Junior Lifeguard, Christopher
Hughes, an wr certificate scholarship check. He also introduced Lifeguard
Battaho of Rob W' d Captain Brent Jacobsen, Junior Lifeguard Instructor Jenna
Murp and Junior Life D Gr Leader Jeff Pratt.
x NUTIC THE PUELIC
Xi. CITY COT ANNOUN MENTS OR MATTERS WHICH UNC L MB S D
.
LIKE PLACED A FUT AGENDA O DISCUSSION. ACTION Olt REP ORT N-
DISCUSSION IT
Council Member Daigle ounced that she attended the swearing -in. ceremony for Supervisor
Moorlach, along with Council, Member Hill; Aviation. Consultant Tom Edwards, and many members of
.Air Fare; the Airport Working Group (AWG), and the Santa Ana "Heights PAC. She rioted the
importance of working with Supervisor Moorlach on airport issues.
Council Member Curry announced that February 6 -marks the centennial birth of former President
' Ronald Reagan and that, on January. 27, the Lido Theater will be premiering Ronald Reagan - An
American Journey. He noted that, if approved;, Item B27 will allow the City to accept private
donations to be used ,toward the creation of a. statue or similar work honoring former President
Ronald Reagan.
Council Member Selich requested that Council discuss the property at 443 Harbor Island Drive at: a
Volume 60 - Page 6
City of Newport Beach
City Council Minutes
January 11, 2011
future meeting since it has been sitting uncompleted for four years.
Mayor Henn discussed the boat parade, announced that the boat parade awards ceremony will take
place on January 28, stated that the Lido Village conceptual plan was discussed at the study session
and will be recapped at Speak Up Newport on January 12 at 6:00 p.m., announced that he attended
the Yacht Association Installation, announced that Restaurant Week will be held January 21 to
January 28, reported that Council will conduct its annual priority setting meeting on February 5 at
8:30 a.m. at the OASIS Senior Center, announced that the Mayor Facebook page will be started
shortly, and stated that he intends to continue the Meet the Mayor sessions throughout the City
during his term.
XII. CONSENT CALENDAR
A. READING OF M
D. CONTRACTS AND AGREEMENTS
11. 2010 -2011 SIDEWALK, CURB .& GUTTER RECONSTRUCTION PROJECT,`-
AWARD OF CONTRACT NO.: 4561. a) Approve the project plans and
specifications; b) award Contract No., 4561 to Grigolia & Sons Construction Company,
Volume 60 - Page 7
City of Newport Beach
City Council Minutes
January 11, 2011
Inc. (Grigolla & Sons) for the total bid price of $475,370.00, and authorize the Mayor
and City Clerk to execute the contract; and c) establish an amount of $95,000,
approximately 20 percent, to cover the cost of unforeseen work and anticipated work
not included in the original project limits.
12.
OASIS SENIOR CENTER REBUILD PROJECT - COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 3888. a) Accept the completed work and
authorize the City Clerk to file a Notice of Completion for the project; b) authorize the
City Clerk to release the Labor and Materials Bond V days after the Notice of
Completion has been recorded in accordance with ap cable portions of the Civil
Code; and c) release the Faithful Performance nd one year after Council
acceptance.
13.
EASTBLUFF PARK AND BONITA C K K RECYCLED WATER
RETROFITS - COMPLETION AND A TANCE CONTRACT NO. 4134.
a) Accept the completed work and aiorize the City lerk to file a Notice of
P
Completion for the project; b) auth th City Clerk t lease the Labor and
Materials Bond 35 days after `Noti of Completion been recorded in
accordance with appli cable po - s of Civil Code; and c) se the Faithful
Performance Bond one year after acceptance.
14.
CORPORATION YAR FLEET S P CNG MODIFICATION PROJECT
(CONTRACT NO. 43 - BUDGET NDMENT FOR CONSTRUCTION
SUPPORT SERVICES. a Budget dment No. 11BA -021 appropriating
$20,000.00 from unapprop ted Fund B 290 -3605 to Account No. 7290 -
C8002014.
15.
AMEND O. 2 TO NT CTOR A EEMENT WITH MERCHANTS
LANDS E - RVICES, I O PROVIDE LANDSCAPE MAINTENANCE
FOR ME IANS AND ADWAYS. Approve the amendment to the existing
agree with erchants Lan ape Services, Inc. for the landscape maintenance at
OASIS Se " r at a cost of 000 per year.
16.
CT REE H RAINBOW DISPOSAL TO PROVIDE
RE FU OLL ION SERVICE AT CITY BEACHES. Approve the ten year
agreement 'th R ow Disposal for the collection of beach refuse containers at a
cost of $127, per ye
17.
JUSTICE ISTANCE GRANT - ANNUAL AWARD. a) Approve the agreement
transfer s for Fiscal Year 2010, Justice Assistance Grant annual award, and
a orize th ity Manager to execute the agreement per Council Policies F -3 and F-
25. erefo to comply with Council Policy F -3, the City Manager may accept
grants ations of up to $30;000 on behalf of the City; and b) approve Budget
Amen t. No. IIBA -027 increasing revenue estimates in the amount of $13,322 in
Account No. 129 - 5257, and increase expenditure appropriations in Account No. 1290 -,
7095.
V8.
FUNDING FOR MULTI- YEAR. SUPPORT FOR COMPUTER AIDED
DISPATCH (CAD) AND RECORD& MANAGEMENT SYSTEMS. a) Approve an
expenditure of $161,279.29 for hardware and software support for the Police
Department's Computer Aided Dispatch (CAD) and Records Management System .
(RMS) from Northrop Grumman (formerly PRC) for July 1, 2010 to June 30,2011; b)
approve an expenditure of $185,093.24 for hardware and software support for the
Police Department's CAD and RMS from Northrop Grumman for July 1, 2011 to June
Volume 60 - Page 8
City of Newport Beach
City Council Minutes
January 11, 2011
30, 2012; e) authorize a single- source contract with Northrop Grumman, the product
manufacturer of the Police Department's CAD and RMS systems; and d) authorize
the Mayor and City Clerk to execute a Professional Services Agreement with the
vendor, as approved by the Office of the City Attorney.
E. MISCELLANEOUS
19. ACCEPTANCE OF THE UNIFIED PROGRAM AGENCIES (UPA) GRANT
FUND ALLOCATION. a) Accept the UPA Grant Fund Allocation in the amount of
$20,000.00 to be utilized for reimbursemen/req" tion costs associated with
the implementation of Assembly Bill Nh requires all regulated
businesses and UPA to use the internet to ified Program information
electronically; and b) approve Budget o. 11BA -022 to deposit
$20,000.00 UPA Grant into Account No. 233
20. APPOINTMENTS BY THE MAYOR THE COU IL /CITIZENS AD HOC
COMMITTEES, THE JOINT GO NTAL CO TTEES, AND THE
CITIZENS ADVISORY COMMI ES m the appoin nts outlined in the
staff report.
S27. TI ELA CCEPTING DONATIONS FOR A STATUE OR
SIMI WO HONORI THE BIRTH CENTENNIAL OF RONALD
REAGAN. dopt olution No. 2011 -10 relating to accepting donations for a statue
or similar w hono the birth centennial (February 6, 2011) of former President
Ronald Reaga
t' a or o Tern Gardner seconded by Council Member Rosansk3r to
approve Consent alendar, except for the items removed (3, 4, 9 and 10) and noting the
. amendmen Item y Council Member Daigle.
The motion y the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich; Council Member Curry, Council Member Daigle
XIII. ITEMS REIVIQVED FROM THE CONSENT CALENDAR
3'. ESTABLISH UPDATED SPEED LIMITS ON CITY STREETS.
in response to Council questions, Public Works Director Badum explained how the speed
survey'is used to determine speed limits on most arterials throughout the City. He further
discussed the rationale for changing the speed limits near Cameo Shores due to the transition
Volume 60 -Page 9
City of Newport Beach
City Council Minutes
January 11, 2011
zone and indicated that speed mitigation measures can be looked at for the area. City Traffic
Engineer Brine reported that the City is no longer allowed to round down the speeds,
explained that free flowing conditions are required when the surveys are taken, and
emphasized that the speed limits need to be enforceable for the Police Department.
Regarding Vista del Oro, he stated that the speed limit was changed to make it consistent
with the rest of the street. City Manager Kiff noted that traffic calming measures will be
discussed at the next study session.
Council Member Curry pointed out that the City is acting on
to act in response to the survey means that the Police Depa:
laws and the courts could not uphold speeding tickets.
Farhed Shah - Hosseini, Cameo Highlands Homeow
that the community is opposed to increasing the
pedestrian traffic. A
Dan Pierson expressed concern for
Corona del Mar.
Robert Hawkins requested that Irvine
due to the configuration of the road.
mandates and that failure
; cannot enforce any speed
:ion Board Member, stated
and expressed concern for
0
Westcliff and
Cameo Shores to
be re- surveyed
information is
that they
introduce
Newport Beacl
pass to second
direct staff to
limits.
information for Cameo Highlands and expressed hope that
ant reconsideration.
the speed limits at the entrances into Corona del Mar,
high
Mmber Rosansky, seconded by Council Member Curry to a)
lo. 2011 -1 amending Chapter 12.24 (Special Speed Zones) of the
ial Code regarding increasing and decreasing State speed limits, and
on January 25, 2011; and b) upon final adoption of the. Ordinance,
iodify all speed limit signs requiring changes to reflect new speed
Council Member Selich requested that Council Member Rosansky amend his motion to also
.conduct further study on Irvine Avenue between Westcliff and Santiago, Vista del Oro in
Eastbluff, Coast Highway and Cameo Shores, and on Bayside Drive.
rr to a) introduce Ordinance No. 2011 -1 amending Chapter 12.24 (Special Speed Zones) of
the Newport Beach Municipal Code regarding increasing and decreasing State speed limits,
and pass to second reading on January 25, 2011; b) upon final adoption of the Ordinance,
Volume 60 - Page 10
City of Newport Beach
City Council Minutes
January 11, 2011
direct staff to replacelmodify all speed limit signs requiring changes to reflect new speed
limits; and c) direct staff to conduct further study on Irvine Avenue between Westeliff and
Santiago, Vista del Oro in Eastbluff, Coast Highway and Cameo Shores, and on Bayside
Drive.
The amended motion carried by the following roll call vote:
Council Mem Hill re ested clarifies on relative to when a use permit ends that runs
with the land an hen operator lice would begin. Council Member Selich expressed
concern that the a ould not ach the City Council. level. City Attorney Hunt
in g t ame pro a permit may make the operator license difficult
to orce all t ay erminati on. urther, as written, the process provides for more
xibility in ad dr g o tional issues. He added that use permits convey property
hts, but licenses ermits not have constitutional protection and are a privilege, not a
erty right. Co un Membe urry indicated that proposed Section 5.25.050.B addresses
the a of due prose and noticing.
Police Johnson orted that he oversaw this type of issue and had similar authority in
Long Beac . e n ' ed his methodology for reviewing the licenses and emphasized that he
is pro - busine usinesses need to be responsible: He indicated that it was never
conveyed to him etting an operator license is a burden.
Associate Planner Murilllo stated that operators would only be able to appeal to. the City
Manager. Mayor Henn expressed the opinion that resident should also be able to appeal the
license. City Attorney Hunt indicated that the ordinance can be amended to include this, if
desired.
Marcia Dossey believed that the City needs more establishments for dancing and suggested
that the -Police Chief also review the impacts of the adjoining businesses, especially if they
have entertainment. She noted that these establishments generate revenue and agreed that
the Police Department should provide the enforcement, not Code Enforcement. She believed
that Council should be the appellant body and requested that the review period be longer
Volume 60 - Page 11
City of Newport Beach
City Council Minutes
January 11, 2011
than 10 days.
John Kenney believed that the City should maintain a representative form of government.
Dan Pierson believed that Council should hear the appeals and expressed concern with giving
the Police Chief this type of authority.
Robert Hawkins, Planning Commissioner, believed that the Planning Commission should
make the initial findings and is able to separate the use permit and operator license issues.
He expressed concern that this process gives authority to invest' te, adjudicate, and enforce
to one person. He pointed out that the operator licenses d not conflict with the use
permit. Acting Planning Director Campbell reported that s is proposing Section 5.25.050.1)
that does not allow the conditions to be less restrictive required by any applicable use
permit.
Council Member Rosansky suggested that, in
not address hours of operation so it does not r
operator license address this issue. Acting
permit typically addresses hours of o tic
permit. He noted that the Poli ce Chief
how the business operates and will not be char
Charles Unsworth, Planning
notice. He believed that the ]
is not appropriate for him to
the license.
George Schroeder
licenses. He acres
Ali Zadeh, Pc
enforcement;
there
r to avoid red ancy, use permits should
i the land. He mmended having the
ire ctor Campbe Gated that the use
cause conditions are lied to the use
more restrictive condi s depending on
any land use rights.
t citizens are entitled to some type of
ie ormation to the hearing board, but it
e it, d then impose sanctions to revoke
the CitMat have overconcentration of liquor
cautioned against oversaturation.
ssed su oA for the Police Chiefs role since he also provides
more an sis before changing the law.
Mayor Henn * that that the noticing period requests written comments and suggested
changing the 1 to 21 days.
Amended motion—by Mayor Pro Tern Gardner. seconded by Council _Member Dai le
to a) introduce Ordinance No. 2011.2 amending the Newport Beach Municipal Code and
incorporating Chapter 5.25 establishing the requirement for an Operator License, and pass to
second reading on January 25; 2011, with the addition of Section 5.25.0503, but change
the noticing period from 14 days to 21 days; addition of Section 5.25.050.1); include the ability
for the public to appeal the operator license; and allow the decision to he appealable to the
City Council; not the City Manager, and b) adopt Resolution No. 2011 -1 establishing the
application fee for an Operator License.
Mayor Henn believed that :the appeal process to the City Manager is the most legally
Volume 60 - Page 12
City of Newport Beach
City Council Minutes
January 11, 2011
defensible method and proposed a substitute motion.
Substitute motion by Mavor Henn, seconded by Council Member Hill to a) introduce
Ordinance No. 2011 -2 amending the Newport Beach Municipal Code and incorporating
Chapter 5.25 establishing the requirement for an Operator License, and pass to second
reading on January 25, 2011, with the addition of Section 5.25.050.13, but change the 10 days
to 14 days; addition of Section 5.25.050.1), include the ability for the public to appeal the
operator license; and allow the decision to be appealable to the City Manager; and b) adopt
Resolution No. 2011 -1 establishing the application fee for an Operator License.
Council Member Rosansky expressed support for trying the oposed process, noting that it
can be amended if necessary. Council Member Selich indi d that protecting the ordinance
is more important than how appeals are handled. He ed that it can be adjusted in the
future if necessary.
The substitute motion carried by the following r all vote:
Ayes: Council Member Hill, Council Member' osan Mayor Henn, a cil Member Selich,
Council Member Curry
Noes: Mayor Pro Tem Gardner, Council e lbaigle
9. APPROVAL OF THE POINT OF DISP SING SITE PLANNING SERVICES
AGREEMENT. 11 -
In response to Council Member D le's tion, Fire Cef Morgan clarified that this would
only be activated if there was an em � gency, e City 6- the option to utilize flu shots as
part of a drill.
Motion by Coun ... ber Curr onded by Mayor Pro Tem Gardner to adopt
Resolution No. 11 -6 roving the Nnt of Dispensing Planning Services Agreement for
Fiscal Year 20 2011 a tl authorizing ayor to act as the "Authorized Agent" to execute
for, and on beha1! f, th City any acticessary to implement the Agreement and obtain
financial assistance . 1 Cof Orange Health Care Agency.
vote:
Council Mem Hill, until Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council tuber S , Council Member Curry
10. AWAR " ONTRAC FOR BALBOA YACHT BASIN MANAGEMENT.
Mayor Henn ue d that staff also develop a fiscal year 2011 -2012 capital improvement
program for th oa Yacht Basin for an amount not to exceed $50,000 over the next two
years that goes b end the maintenance items listed in the staff report.
Motion by Mayor Henn, seconded by Mavor Pro .Tem Gardner to a) approve and
authorize the Mayor and City. Clerk to execute a Professional Services Agreement with Basin
Marine, Inc. for Balboa Yacht:Basin management for three years; b) approve Budget
Amendment No. IIBA -023 appropriating $35,165 from the unappropriated Tidelands Fund
Balance Account No. 230-3605 to Harbor Resources Account No. 2371 -8080; and c) direct staff
to develop a fiscal year 2011 -2012 capital improvement program for the Balboa Yacht Basin
for an amount not to exceed $50,000 over the next two years that goes beyond the
maintenance items listed in the staff report.
Volume 60 - Page 13
City of Newport Beach
City Council Minutes
January 11, 2011
+®
XV.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tem Gardner discussed the Citizens Bicycle Safety Committee meeting and announced
that they will be conducting an outreach program to solicit input relativ to implementing sharrows
on Coast Highway through Corona del Mar.
Mayor Henn reported that the Finance Committee discussed pe
of investment managers, the Request for Qualifications (RFQ)
revenue trends, and how the State budget may impact the Cit
PUBLIC HEARINGS
23. NEWPORT BUSINESS PLAZA
CAMPUS DRIVE - GENERAL
COMMUNITY DEVELOPMENT
PARCEL MAP NO. NP2010 -006 1
City Manager Kiff indicated tha
need to adopt findings in order
Campbell explained the policies
projects have been required to have
for conditions that could waive the
was required.
:ENT NO. GP:
ENT NO. PD2
NO. 2010 -101).
, decreasing the number
parking meter services,
) AND 5190
-PLANNED
TENTATIVE
ncil can req a Development Agreement (DA) or will
aive t he e or the DA. Acting Planning Director
al Plant equine a DA, discussed why larger
DA a hlighte MC Section 15.45 that provides
'quireme ort on the review process if a DA
M Henn open he public hearing.
Meg ey, rep enting the applicant, discussed why the waiver is appropriate
and expla how t project has changed due to concessions they have made.
Regarding the tial public benefits that are listed on page 5, Acting Planning Director
Campbell indite that they have not determined the costs involved with implementing the
improvements. Mayor Pro Tem Gardner indicated that she would be willing to waive the DA
if the applicant conducted some of the improvements.
John Young, applicant, indicated that they would be willing to do the first four items on the
list, as long as it was just in front of the property and not all along the main streets. He
believed that the suggested improvements would cost $50,000 to $100,000, but should be
reviewed by Public Works to determine if they are needed.
Hearing no further testimony, Mayor Henn closed the public hearing.
City Manager Miff noted that the street trees should be standard size. It was the consensus of
Volume 60 - Page 14
City of Newport Beach
City Council Minutes
January 11, 2011
Council that all the improvements should be subject to review and approval by Public Works.
Council Member Rosansky expressed support for the improvements, but believed that the
issue should be continued to January 25 for further review.
Council Member Hill believed it is appropriate to further define the DA policy for gray areas.
Motion by Council Member Daigle, seconded by Mayor Pro Tem Gardner to a) waive
the requirement for a development agreement and approve the project as recommended in the
October 26, 2010 staff report; b) adopt Resolution No. 2011 -7 hich includes findings in
support of a waiver of the requirement for a development eement for the project; c)
introduce Ordinance No. 2011 -3 approving Planned mmunity Development Plan
Amendment No. PD2009.001, and pass to a second readi or adoption on January 25, 2011;
and d) include as conditions of approval of the project fo ing public benefits, subject to
review and approval by the Public Works Depart : 1) Enh ed aesthetic improvements
to the surrounding pedestrian easements, insta on of non -stan rd sidewalks, pavers and
landscaping; 2) Improvements to the median(i d at the southwes ner of Campus Drive
and Jamboree Road, including enhanced 1 ndsca Ag that would aintained by the
applicant; 3) replacement of existing stre gees ng Campus Drive an mboree Road; 4)
and change -out of existing streetlights wit D streetlight heads.
Volume 60 - Page 15
City of Newport Beach
City Council Minutes
January 11, 2011
CODE.
26. ADOPTION OF AMENDMENTS TO THE 2010 CALIFORNIA BUILDING CODES AND
NEWPORT BEACH MUNICIPAL CODE, AND ADOPTION OF THE 2009
INTERNATIONAL PROPERTY MAINTENANCE CODE AND 2009 UNIFORM
SWIMMING POOL AND HOT TUB CODE.
Interim Community Development Director Fick provided the staff report, discussed the public
workshops that were conducted, and highlighted the amended recommendation relative to the
installation of sprinklers for additions or reconstruction projects._
Interim Community Development Director Fick and Fire arshal Gamble explained the
current regulations related to sprinkler systems and ecommended amendment to the
Fire and Building Codes. They noted that the ame d mmendation does not impact
smaller homes. Mayor Pro Tem Gardner noted prefere to have the threshold for
sprinklers be based on a percentage and not j� percentage a square footage. Council
Member Curry stated that the proposed method cool be costly for ller homes and noted
that the amended recommendation was v ed t gh the Buildin dustry Association
(BIA). Council Member Selich expresse a op' n that a change is eeded. Interim
Community Development Director Fick in a proposed amendment indicated that
the proposed amendment would have only cted six homes over the last 12 months.
Council Member Rosansky believed that the am 'ded recommendation is a good compromise
between what Mayor Pro Tem Gahhacr and Council mber Selich want.
Regarding the Building Code, W.R. Dildine stated that no other municipality has made
amendments to the California Green Building Standards Code, took issue relative to the
Minimum Efficiency Rating Value (MERV) increase from 7 to 8 for HVAC air filters; and
expressed concern that the Task Force on Green Development reviewed code issues. He
discussed commercial dishwashers, elevator standards, and the responsibility of the design
Volume 60 - Page 16
City of Newport Beach
City Council Minutes
January 11, 2011
professionals. He believed that the amendments will be difficult for the Building Department
to inspect.
Mayor Pro Tem Gardner stated that several architects were members of the Task Force on
Green Development, and that a representative from the BIA attended all the meetings and
signed off on the recommendations. Deputy Building Officer Jurdi confirmed that
the ordinance is only requiring a MERV with a higher value than 7, not necessarily MERV 8.
Motion by Council Member Rosansky, seconded bv Council Member Curry to a)
introduce Ordinance No. 2011 -5 relating to adoptXadan ct codes and amendments
(2010 California Building Codes and Newport B Code, 2009 International
Property Maintenance Code and 2009 Uniform Swd Hot Tub Code), with the
amendment to the sprinkler system requirement aernate means and methods
statement, and pass to second reading on January adopt Resolution No. 2011-
9 setting forth findings for the proposed amendmep n January 25, 2011.
The motion carried by the following roll call
Ayes: Council Member Hill, Council
Henn, Council Member Selich, (
XVI. PUBLIC COMMENTS - None
XVIL MOTION FOR RECONSIDERATION
XVIII. ADJOURNMENT -10:30 p.m.
The agenda for the Regula eeting wa:
Hall Bulletin Board to tside of tl
The supplemental ag da fo the Regul
p.m. on the City 1 Bull in Board
Administration Bui
sky, Mayor Pro
Curry, Council h
Mayor
n Jan 5, 2011, at 250 p.m. on the City
Vewport each Administration Building.
g was posted on January 7, 2011, at 8:30
outside of the City of Newport Beach
Recording Secretary
Mayor .
Volume 60 - Page 17