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HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1 March 8, 2011 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session February 22, 2011 — 4:00 p.r I. ROLL CALL II. Present: Council Member Hill, Council Member Rosansky, Henn, Council Member Selich, Council Member CURRENT BUSINESS 1. 2. CLARIFICATION OF ITEMS ON Pro Tern Gardner, Mayor icil Member Daigle In response to Council Member M uestion regarding Item (Planning Commission Agenda for February 2011), Acting Planning Director Campbell stated that the Planning Commis n is requesting that Council take an active roll in lobbying for c of legislation arding solar energy installations and stated that the item will t to Counc a final decision. FEE SCHEDULE. N se to Co ncil questions, Administrative Services McCraner highlighted the ges for v 'ous departments, provided the subsidies that were removed, and iscusse performance based budgeting. Police Captain Gazsi further ow t Police Department fees are charged. City Manager Kiff explained that it is bligation to inform Council of the process of charging fees; however, Council w' ake the final decision. Acting Planning Director Campbell stated that there are no current citywide standard procedures for research billing and reported that research fees are left up to the discretion of staff. In response to Mayor Henn's question, Administrative Services Director McCraner explained that City fees are reviewed by each department yearly to ensure efficiency; however, each departments' detailed fee by fee analysis is conducted every three years. She also explained that fees are generated by the Consumer Price Index (CPI) or by State law. In response to Council Member Hill's question, Community Services Volume 60 - Page 54 City of Newport Beach City Council Study Session February 22, 2011 8. 4. Director Fick stated that there are significant changes to improve services in the Community Services department and assured Council that the changes will bring about better efficiency. In response to Council questions, City Manager Kiff confirmed that regional board adoptions for water quality requirements are implemented by the City and assured Council that the City does not require additional charges. MOORING SUPPORT SERVICE CENTER AT THE BALBOA YACHT BASIN. Harbor Resources Manager Miller utilized a PowerPoint sentation that included a map of the area, photos, access options, a proposed flo mg dinghy, and alternative storage ideas. Council Member Selich expressed support for roject an ated that it is a good start. ._ Council Member Curry stated that Mayor Henn stated that he is center to provide better services for will add value he basin. Manager Kiff explained the difference in ter and Balboa Theater and also discussed ,into one. eats d S r Services for Detweiler discussed the Balboa Theaters funding,resp ibili f construction updates, and upkeep of the property. She noted that ail ca ovide a more detailed analysis of facility needs for the area. Member lich and Council Member Hill provided their input and ideas for ina Park ommunity Center. Council Ned e Curry believed that the concept represents good creative thinking about hity will coordinate the facilities and suggested that the community be Council Member Selich expressed concern about the need for a parking solution if a mid -sized facility is placed on the existing City Hall site. Council Member Rosansky suggested that a new community center in conjunction with a new Police Department facility, be placed on the existing General Services site to create a significant civic presence. In response to Mayor Pro Tem Gardner's question, Library Services Director Cowell confirmed that there are lower attendance levels for library programs at off -site Volume 60 - Page 55 City of Newport Beach City Council Study Session February 22, 2011 locations III. Recording Secretary Volume 60 - Page 56 City of Newport Beach City Council Study Session February 22, 2011 Mayor Volume 60 - Page 57 CITY OF NEWPORT BEACH City Council Minutes City Council Regular Meeting February 22, 2011— 7:00 p.m. C. Ca matter: Pro : Marini Park Mobile Home Park, 1770 W. Balboa Blvd., Newport Beach City Ne . Dave Webb, City Engineer Neeotiating artier: Curtis Fossum State Lands Commission Under Negotiation: Resolution of boundary between Tidelands and Uplands E. Public Employee Performance Evaluation (Government Code § 54957(b)(1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of two public employees. Volume 60 - Page 58 City of Newport Beach City Council Minutes February 22, 2011 III. IV. V. VI. VII. VIII. D:. L4 k" qu Titles: City Manager and City Clerk RECESS RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Henn, Council Member Selich, Council Member Curry, G CLOSED SESSION REPORT - City Attorney Hunt repo reportable action was taken. PLEDGE OF ALLEGIANCE - Council Member Se INVOCATION - Pastor Bradley Stienstra, New rt Harbor I PRESENTATION Tem Gardner, Mayor 1 Member Daigle that Council took no Church Presentation from MADD (Mothers Aga Drunk Driving) Oran& County Chapter - Tiffany Townsend, Program Specialis f Orange County Chapter of MADD, honored Police Officers Brice Hardie ric Little, Bill a and Brad Miller for the number of DUI arrests each made in 2010. NOTICE TO THE PUBLIC Coun ember Daigle nounced 2011 was the 100'` anniversary of the fire department and sta that the fuem n will receive centennial badges to symbolize their dedication and Mayor Henn a Mena that Items 16 (Newport Beach Civic Center Project) and 17 (A.B.L.E. — H( lrvices), were mistakenly listed under Consent Calendar and will in fact be regular ms. Without objection, Mayor Henn requested that item 14 (Ronald Reagan Centennial Memorial) be heard immediately following Consent Calendar. CONSENT CALENDAR A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE SPECIAL MEETING OF FEBRUARY 5, 2011, Volume 60 - Page 59 City of Newport Beach City Council Minutes February 22, 2011 SPECIAL MEETING OF FEBRUARY 8, 2011, AND STUDY SESSION AND REGULAR MEETINGS OF FEBRUARY 8, 2011. Waive reading of 8. TRAFFIC SIGNAL MAINTENANCE AGREEMENT - APPROVAL OF AMENDMENT NO. 1 TO SERVICE AGREEMENT WITH REPUBLIC ITS, INC. a) Approve Amendment No. 1 to the Service Agreement with Republic Intelligent Transportation Services, Inc. (Republic ITS) of Novato, amending the following terms: a) increase the annual contract compensation Volume 60 - Page 60 City of Newport Beach City Council Minutes February 22, 2011 cap from $210,000 to a fee not to exceed $280,000; b) increase the number of maintained traffic signals from 112 to 117; and c) change the term of the agreement from an annual conclusion date of April 10th to the fiscal year end date of June 30th for the remainder of the five year term for accounting purposes. 7. EMERGENCY REPAIR OF THE BACK BAY TRAIL AT JAMBOREE ROAD. a) Approve Budget Amendment No. 11BA -033 recognizing new revenue from the California Emergency Manageme Agency and FEMA, and appropriating $103,588 to 7014- C2502008 a ransferring $6,612 in project savings from 7013 - 05200932 (Coast Hig y Median Improvements Phase 2) to 7014- C2502008 to make emer repairs to the Back Bay Trail at Jamboree Road; and b) approve a ri into an informal contract with GCI construction Inc. for up to 0,200 rovide the necessary repairs consistent with the newly a roved Char te 'mit of $120,000 for informal contracts, and authorize Mayor and the Clerk to execute the contract. D. MISCELLANEOUS Irby Ma or o T Gardner, seconded by Council Member Rosansk to ,e the Consent 6 nda"71111C t for the item removed (9); and noting Council Member abstention to ite Council Member Rosansky expressed concern that the cover is deteriorating, directed staff to coordinate with the City Attorney's office to find out if it is appropriate to take further legal action, and asked that staff provide follow -up information to Council. Dick Nichols believed that the cover has deteriorated beyond repair and noted that Volume 60 - Page 61 City of Newport Beach City Council Minutes February 22, 2011 XIV. XVII. he would like further discussion. Motion by Council Member Rosansky. seconded by Mayor Pro Tem Gardner to approve Budget Amendment No. 11BA -030 transferring $120,000 from the unappropriated Water Enterprise Fund Reserve to Maintenance and Repair Account No. 5500 -8156 ($85,000) and Professional and Technical Services Account No. 5500 -8080 ($35,000). The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, ayor Pro Tem. Gardner, Mayor Henn, Council Member Selich, Council M er Curry, Council Member Daigle Mayor Pro Tem. Gardner reported that the Company's use of the yacht basin and the' Irvine Company, Harbor Commission, solution which preserves public use and moN residents while providing services to the Irvine parties. 14. RONALD REAGAN V ommission d sed the Irvine to public access. a stated that Is met and came u ith a new an area where it w' of impact r tenants which is a win -win for all With the conc3ooce of Councl, Ma r Henn ed speakers to limit their Council Me er Hill clarified the motion. Council Member Rosansky expressed opposition to the motion stating that Council has policies that govern art and stated that he does not agree with Council Member Curry that this matter falls outside of those policies. He offered an alternative motion to continue with the process of collecting funds and that the process be conducted under Council Policy I -9 or under Council Policy I -11. Mayor Pro Tem. Gardner expressed concern that Council will allow donors to place art in public places, discussed political ramifications, stated that the public grounds belong to all citizens, expressed interest in hearing public comments regarding the Volume 60 - Page 62 City of Newport Beach City Council Minutes February 22, 2011 issue, and suggested that Council take a step back before proceeding. Council Member Rosansky's alternative motion died for lack of a second. Mayor Henn opened the public hearing. Derry Reynolds, Official Chair, Reagan Memorial Donor Committee, read a message from the donors that stated that Ronald Reagan was an extraordinary person and recommended that the donor group be allowed to render judgment on the artist. Dr. Suzanne Savary, Newport Beach Democratic opposing the statue in a public place, proposed established to look at the issue of creating a mem preferred to see a smaller version in an enclos spent on an Alzheimer's treatment unit. Allan Beek expressed appreciation for stated that is not right to erect a statui Nancy Mooslin believed that the di: should be professional, fair, open, creative energy of the City She comprised of members from professionals, and a comm Varo will be brought to Council for ffscussed her reasons for citizen's commission be multiple presidents, and sHosoital with the funds request fo 1 discourse and ;an on City p rty. suld he about art and thatNompetition and represent the sophistication and at Council establish a committee s a local architectural firm, arts ive which their recommendations Ron Hendridkson urged Council to reconsider the design aspect of the statue. Jean Witty believed that Council should consider diversity. Bob Shelton suggested that Council slow down, step back, and consider a different course of action. Anita Viceroy Stripaway expressed support for a Ronald Reagan statue and believed that a commemoration is appropriate for Newport Beach. Volume 60 - Page 63 City of Newport Beach City Council Minutes February 22, 2011 Carrie Slayback expressed opposition to a Ronald Reagan statue in a public area and suggested that more presidential information be provided at the library. Jean Beek reminded Council that their positions are non - partisan and seconded the suggestion that the Council take a step back and respect the rules in place. Novell Hendrickson expressed supports for the Arts Commission's recommendation. Mayor Henn closed the public hearing. Mayor Pro Tern Gardner stated that the matter is very p ical, agreed that the City has policies in place that need to be followed, and mmended that the process begin again with an opportunity for more public in Council Member Curry thanked speakers discussed the purpose for placing the Ron, Council Member Selich expressed su t for Council Member Daigle believed that t difficult for the Council because it has b concerns of taking care of th&Winess of the Motion b ncil Member Curry, seconded b Council Member Hill to a) direct the C Manager to execute a contract with an artist to provide a memorial to President Reagan with advice from the donor committee, Arts Commission, and the Parks, Beaches, and Recreation Commission (PB &R); and b) approve the statue to be placed at Castaways Park. The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle Noes: Council Member Rosansky, Mayor Pro Tem Gardner Volume 60 - Page 64 City of Newport Beach City Council Minutes February 22, 2011 XV. PUBLIC HEARING 12. PROFESSIONAL REAL ESTATE SERVICES, INC. (PRES, Inc.) OFFICE BUILDING B (PA2007 -213) - 4300 VON KARMAN AVENUE - GENERAL PLAN AMENDMENT NO. GP2007 -009; PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2007 -006; TENTATIVE PARCEL MAP NO. NP2010 -005 (COUNTY TMP NO. 2008 -123). Associated Planner Brown utilized a PowerPoint present tion that included a vicinity map, photographs, location, requested approvals, velopment agreement waiver information, and final recommendation. In response to Mayor Pro Tem Gardner's questio nning Director Campbell Council Member Seiich agree wi s assess that the project is not piece - mealing. Council Membe ' stated that a via' the si d believed that the project is unique, offer en pace, will en the area, and is compatible with the City's Karen Marti Civi lanning Group nting PRES, provided handouts, stated Ireissue was c sidered, addressed the traffic issues at the mi n level, Na there will be a review period by the Koll y's hite al Committee to assure the relocation and replacement of trees, ded the planning application was submitted in 2007 and the t has ked t' ssly to come up with solutions that would please all stated t t the pro ct has been significantly scaled back to comply with all ules, and dicated that the applicant has worked with its neighbors to reach ises an olutions. a to ouncil Member Rosansky's question, Acting Planning Director by ouncil Member Selich. seconded by Council Member Curry to a) adopt Resolution No. 2011 -21 documenting the following City Council actions: 1) adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program; 2) approve General Plan Amendment No. GP2007 -009; 3) approve Planned Community Development Plan Amendment No. PD2007 -006; 4) approve Tentative Parcel Map No. NP2010 -006, subject to findings and conditions; 5) approve the requested exceptions to the Koll Center Newport Planned Community General Development standards relative to minimum site area and off - street parking requirements; and 6) waive the requirement for a Development Agreement; and b) introduce Ordinance No. 2011 -8 approving Planned Community Development Volume 60 - Page 65 City of Newport Beach City Council Minutes February 22, 2011 Plan Amendment No. PD2007 -006, and pass to a second reading for adoption on March 8, 2011. Need staff report and attachments. 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 KUV A Mayor Henn curr th Council Member Selich that three minutes is adequate for concise com nts. icil Member aigle believed that allowing speaker additional time creates its o set f issues. Coun Vthop ill stated that he received a significant amount of communication abou changes in Commissions, tas k force involvement, and community hanged his support in favor of the five minute public comment on t the Mayor has the authority and discretion to revert back to the three minutes to involve more individuals in the process. Council Member Rosansky favored leaving the comment period to five minutes. Council Member Curry withdrew his substitute motion. Mayor Pro Tem Gardner accepted the change in order of business as an amendment to her original motion. Volume 60 - Page 66 City of Newport Beach City Council Minutes February 22, 2011 Motion by Mayor Pro Tem Gardner, seconded by Council Member Rosansky to a) approve policies as updated per direction given at the February 8, 2011 Study Session; b) retain five minutes for testimony on agendized items; and c) adopt of Resolution No. 2011 -22. 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 urry, Council Member Daigle XVII. CURRENT BUSINESS 15. RESOLUTION NO. 2011 -23 RELATING TO OF COMMITTEE RESPONSIBILITIES. c City Manager Kiff recited the five Council adopt a Resolution adopting committee roles for future Council co. Mayor Pro Tem Gardner stated that promoting purpose and energy. ouncil Goals, ed for Council d and recapped the 2011; REVIEW aded that regarding was good and would result in Council Member Rosansky c c with Mayo ro Tem Gardner and believed that that it is not a good idea s e July 4 ering Committee. Council Member Hill strongly suppo d the pr rega g committee roles and believed that the roposed stru a wo a h more by streamlining staff efficiency. Council ber Se h agreed that a goals area good step in the right direction. Council Mem C 'eyed that ome of the Commissions could be sunsetted Mayor He and Mayor Pro Tem Gardner discussed the Environmental Quality Affairs Committee (EQAC) Committee and agreed that it should remain a committee on an as- needed basis. Jim Mosher expressed opposition to the management model that the City has adopted. Tim Stokes, EQAC member, agreed with Mayor Pro Tem Gardner and expressed concern about the project information on the City's website. Bonnie O'Neil thanked City Manager Kiff for being responsive to her questions and commended Council for their comments. Volume 60 - Page 67 City of Newport Beach City Council Minutes February 22, 2011 1_[11 Robert Hawkins believed that the EQAC and Environmental Development Committee (EDC) provide invaluable citizen and advisory input and suggested a bottom up approach for some of the committees. Debbie Stevens, EQAC member, stated that she was unclear about the purpose of the committee but felt there was value, talent, and expertise that had not been utilized. In response to Mike McNamara's question, City Manager stated that there is nothing that would preclude someone from pursuing an ujoXidized license to run a water taxi service. Mayor Henn confirmed that the r taxi project is part of the tidelands entitlement group. Dan Persol, Bicycle Safety Committee, aske t public mments be respected within the committees, that there be a ndard locatio or meeting, proper scheduling, and multi -media availability. Shanda Lear Baylor, Lear Electric ats, a essed interest in w g to move forward and work with the Wate ' Committee to provide king and entertainment. Lloyd Eiker, EDC member, d that he trie o provide City events and did not feel supported and added tha C has mem with talents that will assist in reducing staff and Council t e. lieved t the City should keep the committees because of the contr utions to ow health of the community. Motion b Ma ro Tern Ga ne econde Council Member Hill to a) adopt Resol n N 2011 -23 ado the Council's 2011 Goals; and b) direct staff to return ouncil ith proposed nges to the City's committee structure as the committe late to he adopted 201 Council Goals. ON mPT.:t ...rS�STT37�11f1[RS7' 4ne Co em Hill, CouncdrMember Rosansky, Mayor Pro Tem Gardner, n, Co Member Selich, Council Member Curry, Council Member BE CH CI C CENTER PROJECT: CITY HALL OFFICE NTRAL LIBRARY EXPANSION, AND PARKS, D MUM PRICE (GMP), PHASE THREE. fupdated the City Council on the background and current status of each Civic Center Project: City Hall Office Building, Central Library Expansion and Park Phase Three. Public Works Director Badum provided a report and recommended that Council approve an amendment to the Construction Manager At Risk Contract with C.W. Driver. City Manager Kiff stated that the current estimated total project cost is approximately $131 million, and that the most recent estimate for the Civic Center project is $123 million and indicated that a recently completed review of the Facilities Financing Plan (FFP) revealed overall cost reductions of approximately. $46 million, which increases the ability to fund the project. Volume 60 - Page 68 City of Newport Beach City Council Minutes February 22, 2011 In response to Council. questions, Public Works Director Badum showed the civil consultant's report which showed that the total savings of photo - voltaic panels over a 30 year period was less than the cost of the panels, and explained that the grading has been done to accommodate the bridge. He believed that the City should be mindful of the pedestrian safety issues and stated that the willow sculptures were included as part of the original design feature. City Manager Kiff explained that the aquatic center contract expires in a couple of years and the City would likely want a long -term use agreement. , Council Member Selich expressed opposition Xw" hotovoltaic panels and believed that adding the bridge in the design p cost in the future. He indicated that the bridge is an architectural, sc functional element of the park which will add a viewing platform. In response to Council Member Daigle's que n, Mayor Hen tated that he is not aware of any private funding efforts for th rary expansion. In response to Council Member Rosa stated that some photo - voltaic panels firm who would own the units and con Council Member Hill suppo and expressed opposition to Council Member Curry state( of photo - voltaic panels and that rstion, Public Works or Badum relinquishing control NON to a unction and maintenance. comments about the bridge wn on the installations in the future. Council Me er Dade favored thelrdge and opposed the photo- voltaic panels. Mayor He omm ded the Buildin Committee, staff, and the consultants on the good work t splayed o a project of this magnitude, expressed ent t t e t, agreed that the photo- voltaic panels do t offer a d in men t return, d believed that the bridge was not necessary based on cc tivit a also added that he is pleased with the changes to the Facilities Fina g PI a , nd that the new, lower costs of the overall plan makes it feasible to appro the hi g cost of the Civic Center Project. cll Member elich believed that the bridge is an essential part of the design an ould be b t now. In resp Cunil ember Rosansky's question, Public Works Director Badum s bridge would most likely eliminate the crosswalk closest tk. Council Member Rosansky favored eliminating both items. Dan Percel stated that there are deficiencies in the traffic design of Newport Center and believed the problem would be magnified with the new development. Dick Nicols agreed that there is not sufficient payback with the pv panels and there is a negative visual effect. He believed that the work done so far is good, stated that the bridge would not be useful, and added that he would like to see the berm removed. Volume 60 - Page 69 City of Newport Beach City Council Minutes February 22, 2011 Jim Warren expressed concern about the photo- voltaic panels creating a glare into his home and expressed support for a bridge. Ron Hendrickson believed that the bridge is important and suggested that it be discussed further. In response to Council Member Daigle's question, Public Works Director Badum stated that the plans were finalized by the consultant. He stated that the firm is uniquely qualified because they are very familiar with and derstand the project and confirmed that the individual doing the inspections are t the same person who completed plan check. Mayor Henn asked for a straw vote on the bridg i vor), confirming that the bridge and the photo - voltaic panels will not be ' ded in roject approval. Volume 60 -.Page 70 City of Newport Beach City Council Minutes February 22, 2011 .1F`Tffil Mayor Pro Tem Gardner stated that she received complaints about helicopter noise and requested that staff provide statistical evidence of the program effectiveness when it comes back to Council. In response to Council Member Selich's question, Police Captain Johnson stated that there are drone technologies developed through military efforts; however, within an urban environment, it creates a problem with FAA rules and added that the Police Department continues to consider this possibility under a cost -basis analysis. In response to Mayor Henn's question, PoliXto son explained how positions are paid and stated that the final anaded according to the City's budget and believed that the cost to City ccordingly. Mayor Henn encouraged staff to find a substit an on- demand basis that would be more cost effective and would the force multiplier In response to Jim o; not read aloud p to part and assured hi i Dick NicolANAShi tlu Co Rawlings exy n down. Mayor o 'meeting in v Peter Co ' ey, Exe in the Gree pac presented Co v offices. ition, Police Captain son stated establ ished in accorda with the to be received and filed, n that ' s and numbers for consent motion items were City Atto ey Hunt stated that it was an error on staffs I correct t error. and difficult to navigate. co rn about the traffic circle on Clay and Santa Ana being state at the the was discussed extensively during a previous ublic co ents were received at that time. Director of the Muzeo Foundation, invited students to participate ah Artists Challenge in which students turn trash into art. He ers and requested that they be posted in the schools and City XIM MOTION FOR RECONSIDERATION - None 3M ADJOURNMENT - Adjourned at 11:54 p.m. in memory of Frances Anita Snider. Volume 60 - Page 71 City of Newport Beach City Council Minutes February 22, 2011 Recording Secretary Mayor Volume 60 - Page 72