HomeMy WebLinkAbout01 - Minutes - 6-10-2008Agenda Item No.
June 24, 2008
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
June 10, 2008 — 3:30 p.m.
I. ROLL CALL
Present: Council Member Henn, Mayor Pro Tem Daigle, M Selich, uncil Member Webb,
Council Member Curry, Council Member Gardner
Absent: Council Member Rosansky
II. CURRENT..BUSINESS
1. CLARIFICATION OF ITEMS ON THE,4NS. T CALENDAR.
Council Member Webb indicated that he w pulling Item 8 (Restaurant Association
Business Improvement District) tonight.
In response to Council Me r Henn's questio elative to Item 24 (2008 -09
Appropriations Limit Hearing), tive Services for Danner reported that the
amount of exclusions totals $3 mi 'on to
Mayor Pro Tem Daigle requeste that m 20 d and Commission Scheduled
Vacancies - Confirmation of Nomin s) amended so that Harbor Commission nominee
Bill Avery is change . Brad Avery.
Regarding Itetdl8 ( mmunity Yout Center), City Manager Bludau indicated that a
needs asses ent wa sent to Mayor P Tem Daigle. He reported that, while the OASIS
Senior Ce r is un er construction, community center will serve as a temporary
location for S n .
nMayem reported Item 14 (Integrated Regional Water Management Plan for
ter ) and Item 15 (Water Management Plan for Newport Bay
disc further at a future Study Session.
Rosans y joined the meeting at 3:38 p.m.
Pro Tem Daigle's question relative to Item 19 (Traffic Signal
habilitation), ublic Works Director Badum highlighted the project and reported that
L la closures may occur. Discussion also ensued relative to the
aest s andieed to maintain the controller boxes at the current locations.
2. DEPARTMENT BUDGET OVERVIEW.
Police Chief Klein discussed the citizens' desire to have increased Police visibility. He
utilized a PowerPoint presentation to illustrate how the Police cars will be changed from
all white vehicles to black and white vehicles. He reported that the black and white
vehicles will start patrolling the streets after July 4. He discussed the four bids received to
paint the current vehicles, and reported that new vehicles will be factory- ordered black
and white and that Irvine and Laguna Beach are the only cities in the County that will
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City of Newport Beach
Study Session
June 10, 2008
still use white vehicles.
Fire Chief Lewis read the mission statement, highlighted the department budget ($31.5
million), emphasized the importance of grants, provided a budget summary by division,
discussed staffing, and reported on the department's revenue sources. He highlighted the
challenges facing the department and successes the department has experienced.
Regarding Station 7 and the training tower, he discussed how t tower has greatly
assisted with safety personnel training and that other agencies rently use the tower
only during multi - company drills.
Council Member Henn requested information that
increased almost $500,000.
Regarding Council Member Curry's questions,
the response times for the Crystal Cove area a
Authority is suggesting that the City build a fire
Assistant City Manager Wood reviewed
improving permit services, including
implementation. She indicated that the
community for input. She also reviewe
implemented. She reported that the strategic
checklist ($15,000 for training d $90,000 for a i
that the proposed workstation c can be done
Nhahebudget has
ncern about
why County Fire
nning Department strat 'ggic plan for
Imes and costs involved for the
to take the plan to the development
vements that have already been
would add $105,000 to the budget
ermit Technician). She indicated
ro budget amendments.
In response to Council questions,ssistan er Wood discussed how developers
can find out about the proposed st'gategic pl in i that the new Permit Technician
would be for the Building Depart ent, Iamed the proposed duties of the new plan
checker, and stated that Permits PI xiy need to be customized. City Manager Bludau
indicated that thi was discuss ith the benchmarking consultants who indicated
that it is cut ' ed . Building Di for Elbettar discussed the process for plans that
need correct' a an reported that a Building Department can issue combination
permits.
Council Memb importance of increasing the building and planning
fees to assist wi a proposed service improvements, and emphasized the need to focus
o rvice benchmark the services provided.
Planning Dir or Lepo viewed the department's core services and expenditures,
explained why a Maint nce and Operations (M &O) account decreased from the
previous year, blighted ongoing programs and future improvements, and discussed
significant expe itures. Assistant City Manager Wood reported that a $50,000 request is
n the checklist continue implementation of the Economic Development strategic plan.
lso review d the unfunded strategic plan projects in Economic Development.
Coun a er Henn requested that the Balboa Peninsula Plan Update be added to the
budget c st.
Building Director Elbettar displayed the Building Department's organizational chart and
noted that, out of 33 full -time employees, the department currently has seven vacancies.
He displayed the building regulations they follow and reviewed the allocation plan,
division budgets, and staffing. He stated that, of the 400 applicants applying for the
vacancies, only ten were qualified for Building Department positions. He reviewed the
department's revenue sources and displayed a revenue chart and an annual construction
valuation chart. He highlighted significant projects and displayed a breakdown of the
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City of Newport Beach
Study Session
June 10, 2008
III.
number of projects by valuation. He discussed the service indicators, provided permit
data, and displayed the turnaround time for first plan checks and a chart of how long the
Building Department has custody of plans for various types of projects. He reported that
they have implemented plan check service enhancements.
In response to budgetary questions, Building Director Elbettar discussed what happens if
a plan requires a third plan re- check. He reported that sala,714 and benefits have
increased, but the FTEs have not because the budget reflectE a positions Council
approved on December 11, 2007, and the salaries and benefits the new positions, and
explained that the M &O account increased because of the orkload for overflow plan
checks and because contract positions are also charged t account. Regarding the
building fees, he explained that the fees are currently no m ve enough for qualified
consultants to want to contract with the City. He add hat, with jeda becoming more
involved and when valuation and fees are low, they 0e e consultants.
General Services Director Harmon read the
core services, budget by division, significaj
noted that the City will realize a
CR &R agreement is approved (Item 29),
will be reduced by five positions. He poinu
services through contracts. He explained t
departmental costs. He also reviewed the s
and the department's targets a allenges
In response to Council question Ge
reforestation budget provides for e
He indicated that he will determin a
but believed that it is probably due
Public Works D' Badum read
reported that e d artment has
reorganizati . He ' blighted the d
change. H plays a list of the pre
that the nrim go war.
m' ion statement an ighted the
en urea by division, and ffing. He
budget decrease next year if the
will also mean that department staffing
that the department provides 38% of its
I pri
a ces is one reason for the increased
cted for the benchmarking process,
' Harmon confirmed that the
trees instead of 24 -inch trees.
increase in part-time positions,
for more summer help.
department's revised mission statement. He
same number of employees, even with the
mental budget and explained the 4.57% budget
completed in fiscal year 2007 -2008 and reported
2009 are in balance with the Council priorities.
In a to bu ary questions, Public Works Director Badum discussed the value of
on o ouse or on -call consultant project managers. He added that this
so gives th partm the option to cut back on consultants depending on budgetary
constraints. ther, th charge the consultants' time to the appropriate capital
projects. He de ibed the ypea of projects that will be handled in- house. He discussed
the surveying sue and indicated that monumentation is being added to capital
improvement a paving projects. He indicated that he is not aware of any problems at
ihnrecliffs but look into it.
Greg Schwenk di sled the benefits the Newport Beach Film Festival has on the City's revenue.
He reported that exit year will be the Festival's 10th anniversary and they will probably hold the
Festival in May. [Note: Public Comments was initially taken out of order, but the public was
given the opportunity to speak following the budget overview]
Sherry Drury, President of the Restaurant Association Business
that Council consider the Restaurant Association's budgetary
would like to hold two Restaurant Weeks next fiscal year.
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Improvement District, requested
proposal and reported that they
City of Newport Beach
Study Session
June 10, 2008
IV. ADJOURNMENT - 5:17 p.m.
The agenda for the Study Session was posted on June 4, 2008, at 2:45 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
City Council Minutes
Regular Meeting
June 10, 2008 — 7:00 p.m,
I.
STUDY SESSION - 3:30 p.m.
H.
CLOSED "SESSION - 5:17 p.m.
III.
RECESS
IV.
RECONVENED AT_7 :00 P.M. 1
V.
ROLL CALL
Present: Council Member Henn, Council
Council Member Webb, Council
VI. CLOSED
City Attorney Clauson reported
meeting.
VII.
VIII. INVO CATI'- Mr.
.,
Ix PRESENTATSapNeIt1NS
the chorus
Rosansky, Mayor Pro Tin Daigle, Mayor Selich,
Curry, Council Member Gardner
into Closed Session at the end of the
can Boys Chorus - Thomas Sweeney introduced and
to them singing the National Anthem.
Citizen of the Ye Proclamation for Lula Halfacre - Richard Luhrs, President of the Newport
ach Chamber of mmerce lgntroduced Lula Halfacre, and Mayor Selich read the proclamation
a resented it to h
Prese tion by erican Cancer Society Relay for Life Event Chair Krisztina Scheeff -
Krisztina eeff nked and applauded the Mayor, Council and City staff for their contribution of
$33,000 and to hat firefighter Brian McDonough walked 24 hours in his full turnout. Mayor
Selich thanke Hackman for all of her work with the Council Critters team.
Annual Youth Council Report - Recreation Supervisor Valdez introduced Ruben Dajee, Vice
President of, the Youth Council. He presented a PowerPoint to show the accomplishments of. the
Youth Council. Council Member Rosansky commended them and encouraged parents to have their
child participate in the program. Mayor Selich congratulated them for showing interest in local
government. Council Member Curry encouraged residents to watch replays of the Youth
Government Day.
July Smart Irrigation Month Proclamation - Mayor Selich read the proclamation and presented
it to Code Enforcement Officer Burckle. Code Enforcement Officer Burckle reminded residents to
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City of Newport Beach
City Council Minutes
June 10, 2008
adjust sprinklers, adjust the time of day that. water is being applied for landscaping, and to repair
broken irrigation and misguided sprinkler heads. Code Enforcement Officer Burckle stated that
the best time to water the lawn is before 8:00 a.m. and after 7:00 p.m.
X- NOTICE-TO _THEPUBLIC
XI. CITY_, COUNCIL. ANNOUNCEMENTS OR._MATTERS._WHICH COUNCI.L_.MEMBERS
WOULD.., LIHE_. PLACED ON A ._FUTURE .AGENDA FOR. DISCUSSION, ACTION OR
REPORT (NON- DISCUSSION ITEM -
Council Member Henn announced that the Balboa Theater WI be having a Rocky Horror Picture
Show fundraiser dinner on Friday, June 13. Tickets are $leer person.
Council Member Rosansky announced that he at ded a Conference and Visitors Bureau
dinner and also attended the Sumo Wrestling Tour f ent to s ort Kotomtsuki.
Mayor Pro Tem Daigle announced that she wn}l be attending the Mi' ` an event, a contributor to the
Back Bay Science Center, which will feature a t chin: lab so c en can learn about water
quality. �..:
Council Member Gardner announced that — and Mayor Selich attended the Corona del Mar
Middle School good citizenship awards ceremony,
Ni-
Council Member Curry announ)e Newport or Elks Lodge will have their annual Flag
Day ceremony on Saturday, June +4 at fi 00 p.m on t front lawn of City Hall.
''it
Council Member Webb shared an eiperienc wh n #system in another state and explained
that sirens are an " t nce if you ar$ outdoors. He su ested that the City look into a 911 system
that will call relents 4 notify them "- -e reason for the siren.
Mayor Selich"AIRPuncei that Speak Up `Newport will have a meeting on Wednesday, June 11, from
5:00 to 7:00 p.m. Jhei#
RWrt Beach Yicht Club and will feature speaker Allen H. Dyer.
XII. C E
A READI _ F MI TES/ORDINAN ES AND RESOLUTIONS_
1.
RTES OIL THE SPECIAL MEETING AND REGULAR MEETING .OF
27, 2008. [100.80081 Waive reading of subject minutes, approve as written
der filed.
2, RE ING OF ORDINANCES AND RESOLUTIONS. [100.80081 Waive reading
i of all ordinances and resolutions under consideration, and direct City Clerk to
ad by title only.
B. RESOLUTIONS FOR ADOPTION
8. BAY BURGER RESOLUTION - 600 BAY AVENUE E #A -7 - USE PERMIT NO.
2007 -027 (PA2007 -219). [100 -8008] Adopt Resolution No. 2008 -43 with findings
and conditions of approval for Use Permit No. 2007 -021.
4. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF
SEASHORE DRIVE, NEWPORT BOULEVARD AND BALBOA BOULEVARD,
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City Council Minutes
June 10, 2008
BACK BAY DRIVE, SELECTED PARKING LOTS, AND SELECTED FEEDER
STREETS FOR THE JULY 4TH HOLIDAY. (100 -2008] Adopt Resolution No.
2008.44.
5. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL:
2007 -2008 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF
INTENTION TO LEVY FOR FISCAL YEAR 2008 -2009. (100 -2008] a) Approve
the Corona del Mar Business Improvement District Fiscal Year 2007 -2008 Annual
Report; and b) adopt Resolution of Intention No. 2008 -45 to levy assessments and
set the public hearing for June 24, 2008. ,
6. BALBOA VILLAGE BUSINESS IM OVEMENT DISTRICT RENEWAL:
p l hearing
7. MARINE AVENUE )SINES§ IMPROVEMENT�ISTRICT RENEWAL:
ANNUAL REPORT FO4 1?tSCAL YEAR 2007 200 ND ADOPTION OF
RESOLUTION OF INTL�1sITION TO LEVY FOR FISCAL YEAR 2008-
2009. (100 -200 a) Approve 14e.
Marine Avenue Business Improvement District
Year 2007 -200 nual Report; alb) adopt Resolution of Intention No. 2008 -47
levy assessmen the public
ANNUAL REPORT FOR FISCAL 2007 -2008 AND ADOPTION OF
RESOLUTION OF INTENTIO O - VY FOR FISCAL YEAR 2008-
2009. (100 -2008] a) Approve t11e oleos V` Business Improvement District
2007 -2008 Annual Report; and;fi) adopt Resoluti of Intention No. 2008 -46 to levy
assessments and set the ub is hear' for June 24 8.
C. ORDINANCE FOR
D. CONTRACT,B.AND
ring for June 24, 2008.
11. = °APPROVAL OF N -CALL PROFESSIONAL SERVICES AGREEMENT
FOR 'ROJECT AGEMENT, CONSTRUCTION ADMINISTRATION,
°AND CIVIL ENGIEERING DESIGN SERVICES WITH GABLE
IN (C-4055).1381100-20081 Approve an On -Call
'onal Seeement with Gable Engineering, Inc. for project
nag nt, construction administration, and civil engineering design services and
a orize Mayor and the City Clerk to execute the Agreement.
12. SU RIOR AVENUE REHABILITATION - COMPLETION AND
AC PTANC OF CONTRACT (C- 3869). (381100 -2008] a) Accept the
com eted contract work; b) authorize the City Clerk to file a Notice of Completion;
c) a horize the City Clerk to release the Labor and Materials bond 35 days
a the Notice of Completion has. been recorded with applicable portions of the
C' Code; and d) release the Faithful Performance Bond one (1) year after Council
14. INTEGRATED REGIONAL WATER MANAGEMENT PLAN FOR NEWPORT
BAY WATERSHED - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT WITH DUDEK (C-4004).1381100-20081 a) Approve an
Amendment to the Professional Services Agreement with Dudek of Irvine
for professional services at a not to exceed price of $67,810 and authorize the Mayor
and City Clerk to execute the Agreement; and b) approve a budget amendment
(08BA -077) transferring $67,810 from Account No. 7014- C5002000 Newport Coast
Runoff Reduction Program to Account No. 7014- CO310929 (Harbor Area
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Management Plan)
15. WATER MANAGEMENT PLAN FOR NEWPORT BAY WATERSHED -
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH
KRISTA SLONIOWSKI OF CONNECTIVE ISSUES (C- 8924). [381100 -20081 a)
Approve Amendment No. 2 to the Professional Services Agreement with Connective
Issues (Krista Sloniowski) of Los Angeles for professional services at a not to exceed
price of $12,000 and authorize the Mayor and City Clerk to execute the Agreement;
and b) approve a budget amendment (08BA -079), transferring $12,000 from Account
No. 7014- C5002000 Newport Coast Runoff Redtion Program to Account No. 7014 -
00310929 (Harbor Area Management Plan).
16. 38TH STREET TIDAL STRUCTUR E VALVE - AWARD OF CONTRACT
(C- 3954). [381100 -20081 a) Approv e p ct plans and specifications; b) award
the contract to GCI Constructio , , Inc. for total bid price of $92,800 and
authorize the Mayor and the Cog Clerk to exec ",the contract; and c) establish an
amount of $9,200 to cover the -cost of- unforeseen wo
17- APPROVAL OF AME MENDS TO ON -CALL PR`'USSIONAL SERVICES
AGREEMENTS AND F' ON -CALL PROFE IONAL SERVICES
AGREEMENT FOR LA CAPE DESIGN SERVIC S (C- 3854)- [38/100-
20081 a) Approve Amendmenf %o. 1 with TCLA, Inc. for on -call landscape design
services and a ze the Mayor'1 the City Clerk to execute the Amendment; b)
approve Amend 1 with Davi{ Volz Landscape Design for on -call landscape
design services d a ze the or and the City Clerk to execute the
Amendment; and ) approve On -Ca rofessional Services Agreement with
David A. Pederson r land "e services and authorize the Mayor and the
CiM.- erk to execute he eement.
18. . r COMMUNITY YO CENTER - APPROVAL OF PROFESSIONAL
ERVICES AGREE ENT WITH DOUGHERTY & DOUGHERTY
CH ECTS, LLP. -4057) [38/100 -20081 Approve a Professional Services
p..
Agi men _ ou he & Dougherty Architects, LLP, of Costa Mesa for design
_end 6*truction f its at a contract price of $83,300 and for bid support and
`t struc6, administration at an hourly fee not to exceed $24, 100 for a total not to
ex ed col ct price of $107,400, and authorize the Mayor and the City Clerk to
exe to the Aement.
19. FIS YEAR 2007 -2008 TRAFFIC SIGNAL REHABILITATION PROJECT -
AW D OF CONTRACT (C- 3932). [381100 -20081 a) Approve the project plans
V and pecifications; b) award the contract to Pouk & Steinle, Inc. for the total bid
pri ,including Additive Bid Item -1 of $326,940, and authorize the Mayor and the
Clerk to execute the contract; and c) establish an amount of $33,000 to cover
e cost of unforeseen work.
E. MISCELLANEOUS
20. BOARD AND COMMISSION SCHEDULED VACANCIES - CONFIRMATION
OF. NOMINEES. [241100 -20081 Confirm the nominations made by the Ad Hoc.
Appointments Committee (as listed in staff report); and change Bill Avery to Brad
Avery.
21. TRANSFER OF FUNDS FOR THE NEWPORT COAST COMMUNITY
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June 10, 2008
)[III.
CENTER (NCCC) SOUND, LIGHTING AND VIDEO ENHANCEMENTS.
1100-20081 Approve a budget amendment (08BA -080) which transfers $100,350
from 2007 -08 FY park project surplus funds to a capital outlay account for the
purchase of lighting, video and audio equipment at the Newport Coast Community
Center.
532. RESOLUTION ESTABLISHING A CITY COUNCIL AD HOC COMMITTEE
TO MAKE RECOMMENDATIONS REGARDING THE DUTIES, THE
SALARY AND THE PROCESS FOR FILLING THE NEWPORT BEACH CITY
CLERK POSITION. 1241100-20081 Adopt YAolution No. 2008 -50 creating the
City Clerk Ad Hoc Recruitment Committee d approve the Mayor's appointment
of Council Members Henn (Chair), Curry Gardner to the committee.
533. CITY COUNCIL APPROVAL
CITY ATTORNEY AND RES
AD HOC COMMITTEE TO M
DUTIES, THE SALARY
ATTORNEY POSITIONL "iI124
agreement with the Citti' ttorn
City Attorney Ad Hoc Recr+"
the City Council's thinking 0-
Council Members Webb (Chair),
Motion by Mayor Pro Tem D
(8,9,10,13 & 22); and noting the
The motion carried by the following �pll call
0 OF E MENT AGREEMENT WITH THE
TION E LISHING A CITY COUNCIL
kKE RECOM ATIONS REGARDING THE
3 THE PROCES OR FILLING THE CITY
�881i00 -20081 a) App the proposed retirement
and b) adopt Resoluti o. 2008 -51 creating the
nt Committee, making anyhanges to better reflect
his issue and approve the Mayor's appointment of
Rosansky and Daigle to the committee.
the Consent Calendar except for the items removed
Item 2d Brad Avery.
Ayes: Council Mgin"ber"!Henn, Councl mber Rosansky, Mayor Pro Tem Daigle, Mayor Selich,
unc
Council ACmber Webb, Coil ffimber Curry, Council Member Gardner
8. URt7T ASS BUSINESS IMPROVEMENT DISTRICT RENEWAL:
AN REF;QRT FO ISCAL YEAR 2007 -2008 AND ADOPTION OF
RESOL ON INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR OF
JULY 1, 2 B TO JENE 30, 2009. 1100 -20081
Council Meier Webb expressed concern about the increase of funds requested by the
Restaurant sociation to cover costs for a second Restaurant Week.
on b Council Member Webb to a) approve the Restaurant Association
Imp em t District Fiscal Year 2007 -2008 Annual Report; and b) adopt Resolution of
Intent o. 2008 -48 to levy assessments and set the public hearing for June 24, 2008.
In response to Council's questions, Assistant City Manager Wood clarified that the
budget issues will be heard at a later date, there is no commitment from Council to provide
any funding, the resolution gives the City the ability to assess the restaurateurs, and there
will be a separate public hearing for the budget to be discussed.
Jim Walker, Bungalow Restaurant, stated that the Restaurant Association sales tax
revenues have been doubled.. He stated that the problem that the association faces is that
they are trying to market all the restaurants in Newport Beach collectively. He noted that
the first Restaurant Week generated approximately $50,000 of revenue back to the City and,
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City Council Minutes
June 10, 2008
if the amount needed is assessed, some restaurants will not participate.
Sherry Drury, Restaurant Association President, stated that Restaurant Week benefits
other businesses by bringing people into the area.
Terry Civello, Blue Coral Restaurant, stated that she appreciates the support from the City
and would like to see Restaurant Week continue.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Ros y, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Mem Curry, Council Member Gardner
9. AMENDMENTS TO CITY COUNCIL PO ECONOMIC DEVELOPMENT (K-
10) AND RESOLUTION ESTABLIS NG T ECONOMIC DEVELOPMENT
COMMITTEE. [100 -20081
In response to Council Member Gard tier's question, Y' Mayor
ity Manager Wood clarified
that the amendments are to t City C�incil Policy and no Economic Development
,.
Committee Policy.
Motion. by_ Council _Member, Gardnir,to a) adopt the proposed amendment to the Council
Policy on Economic De lopment (provided as Attachment 1); and b) adopt Resolution No.
2008 -49 revising them hip o ft e Economic Development Committee (Attachment 2).
The motion carried by the ca vote,
Ayes: Council Member Hen, Council Me osansky, Mayor Pro Tem Daigle, Mayor
Selig li"ouncil Membe Weblif' Council P a her Curry, Council Member Gardner
10. COS ' ECOVERY ORDIN . CE (CHAPTER 3.36) - FEE RESOLUTION & MASTER
FE HEDULE [100 -20081
4
11 u�
Pon s�i ky� to ember ansky's question, Council Member Curry stated that he
d toyve the or tIAe and resolution presented at the same time and that the
item co be brht back to Council at the June 24 meeting.
Motion by ouncil ember Rosanskv to continue the item to June 24, 2008.
The motion c ried by the following roll call vote: n
es: Counc' Member Hen, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selic Council Member Webb, .Council Member Curry, Council Member Gardner
13. UPP AY AND HARBOR AREA MANAGEMENT PLAN (HAM) - AMENDMENT
NO. 2 O PROFESSIONAL SERVICES AGREEMENT WITH LARRY PAUL AND
ASSOCIATES FOR PROJECT MANAGEMENT (C-3832).[38/100-20081
Mayor Pro Tem Daigle described a consultant list that she suggested be generated of
consultant that work on harbor issues.
Motion by Mayor Pro Tem Daigle to a) approve Amendment No. 2 to the Professional
Services Agreement with Larry Paul and Associates of Newport Beach to provide project
management services for the Harbor Area Management Plan and coordinate integration
efforts with the Newport Bay Integrated Regional Watershed Management Plan at a not to
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City Council Minutes
June 10, 2008
exceed price of $25,000 and authorize the Mayor and City Clerk to execute the Agreement;
and b) approve a budget amendment (08BA -078) transferring $25,000 from Account No.
7014- C5002000 Newport Coast Runoff Reduction Program to Account No. 7014- C0310929
(Harbor Area Management Plan);
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
22. LEGISLATIVE UPDATE - GROUP RESIDENTIAI40MILLS. [100 -20081
Laura Curran expressed concern about the re on of the group homes and stated that
the Health and Safety Code eliminates the !;� b_ility to regulate zoning. She urged
Council to advocate for the adoption of thei�tegral ty definition through judicial and
legislative means. She believed that theCity should en with leaders at the County and
State level and incorporate the residents into the advocacy
Daniel Weldon, Concerned Citizs of Newport Beach, noted t they have attempted to
settle their disputes with tF& it} '°and suggested that cil work to reduce
overconcentration, reduce the numb er"E beds, and not have group homes close to schools.
City Attorney Clawson d that the City will not comment on the negotiations until there
is a final agreement, th s involved in- mediation process, and as a condition all
parties can't disclose any ifor _at this tip;,
Denys Oberman stated that" here is e I level to pursue the remedies of the
Concerned Citizens of Newuok Beams:
to receive and file the report.
The morn carxied by the followik roll call vote:
ounc Y em e cil Member Rosansky, Mayor Pro Tem Daigle, Mayor
h, aril Member bb,'Council Member Curry, Council Member Gardner
XIV.<ORAL REP RT OM COUNCI_LON COMMITTEE ACTIVITIES
cil Member Ros sky repo d that the 4th of July Safety Committee met on Monday to discuss
ho preparations. He noted that Balboa Boulevard will be closed from Pacific Coast Highway to
32nd et from Fri y at 10:30 a.m. to Saturday at 1 :00 a.m.
Mayor Pro D Is stated that the Media and Communications Committee is working to revise
the Communi Policy.
Council Member Curry stated that the Finance Committee met with employees from Library
Services and the Public Works Department to discuss the benchmarking process.
XV. PUBLIC HEARINGS
23. FISCAL YEAR 2008 -09 PROPOSED BUDGET HEARING. [100 -20081
Administrative Services Director Danner reported that a budget checklist will be prepared
for City Council review.
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June 10, 2008
Council Member Gardner requested to add $100,000 to match funds from the Corona del
Mar Business Improvement District to begin phase two of the vision beautification project.
Council Member Webb suggested that the Restaurant Association Business Improvement
District's funding be reduced to $50,000 and asked that they match the funding. Council
Member Henn suggested that the Restaurant Association be increased by $75,000.
Council Member Rosansky asked that the artificial turf for Bonita Creek Park be added to
the checklist.
Mayor Pro Tem Daigle suggested that Council lookbr ways to fund the dredging project and
stated that a potential project is to add landsca o g the dirt shoulder of Bristol Avenue.
op
Mayor Selich opened the public hearing, Heikring no tes1kony, he closed the public hearing.
Motion-by Council Member Rosa
y to.prepare a "che t" of proposed changes to the
proposed budget that will be revir -A by thi City Council at , meeting of June 24, 2008,
and direct the preparation of t.' budgeAP' resolution for adoption"M' the Council Meeting of
June 24, 2008, including any "chec items that are recommende for approval.
The motion carried by the following r�eall vote:
Ayes: Council Member ouncil Memr Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Meer ouncil Member Curry, Council Member Gardner
24. 2008 -09 APPROPRIATIO LIMIT _ G. f300 -20081
Mayor S., owned the pub ring, Hearing -no testimony, he closed the public hearing.
Moti " by Council Memb_e os
..r ansky to adopt Resolution No. 2008 -50 approving the
City s A` ropntttion (Gann) Lim for the 2008 -09 fiscal year in the amount of $139,044,407.
tion` � ed b' roll call vote:
"'.
#gym Ayes: Co il M*ber Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Seli Co un' ember Webb, Council Member Curry, Council Member Gardner
PAVILION' : WINE TING APPEAL - 21181 NEWPORT COAST DRIVE -USE
PERMIT N . 2007 -029 (PA2007 -243) TO ADD A WINE AND BEER TASTING
OUNTER THIN AN EXISTING PAVILION'S GROCERY STORE. [100 -20081
Ma —, Seli opened the public hearing, Hearing no testimony, he closed the public hearing.
Moti_'o _ Council Member Rosansky to continue public hearing to July 22, 2008.
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
26. APPEAL OF THE PLANNING COMMISSION'S DECISION APPROVING A 24 -UNIT
CONDOMINIUM SUBDIVISION - SEASHORE VILLAGE RESIDENTIAL
DEVELOPMENT (PA2007 -100) - 5515 RIVER AVENUE - MITIGATED NEGATIVE
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City Council Minutes
June 10, 2008
EM
F1 iI
DECLARATION; TENTATIVE TRACT MAP NO. 2007 -001; MODIFICATION
PERMIT NO. 2007 -044; USE PERMIT NO. 2007 -011; AND COASTAL RESIDENTIAL
DEVELOPMENT PERMIT NO. 2007 -001. [100 -20081
Associate Planner Murillo reported that the appellant requested that Council reconsider and
reverse the action to adopt the Mitigated Negative Declaration (MND) and the action to
approve the project.
Mayor Selich opened the public hearing.
Lennie DeCaro dismissed her request for the continuaAbe.
Mayor Selich closed the public hearing.
Motion by__Council Member_.Rosansk adopt solution No. 2008 -51" adopting the
Mitigated Negative Declaration (Sch. N 008021075) approving Tentative Tract Map
No. 2007 -001, Modification Permit N007 -044, Use P it No. 2007 -011 and Coastal
Residential Development Permit o. 2001 -001, subject �iindings and conditions of
approval.
Council Member Rosansky expre support for the project and stated that it is a
significant reduction in units and an i ase in the number of off - street parking.
The motion carried by t ...._... owing roll calf te:
Ayes: Council Member Hun, Memberosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Membii°r Curry, Council Member Gardner
PUB..LIC C.O_._MM. -None
PLANNINGChMMISfiION AGE AND ORAL STATUS REPORT
27. PLANNING COMMISSION A NDA FOR JUNE 5, 2008. [100-2008]
MASISDirior Lep� the following items: Fury Rok & Roll Sushi (PA2005-
(i�",1ia2002 167) Dousing Element ((PA2008 -078); Panini (PA2007 -063); and
S _ _ r Center (PA2008 -109).
28. SUNSET RI�GE PARK PROPOSED CONCEPT PT AN: [100 -2008]
Uft nd Senior Services Director Morgan reported that the Concept Plan has
rem d e to the General Plan and staff took into consideration the issues raised by the
reside a stated that residents have requested that the active park, restroom, and tot
lot be f her from the residents and the backstop be reduced. He stated that they might
use mobile /portable backstops and outfield fences to try to reduce impacts and proposed a
buffer zone. He noted that they are working on security issues and wish to move forward.
Rick Vanderwood, EPT Design, utilized a PowerPoint presentation to show the previous
design, new site design, and features.
In response to Council questions, Mr. Vanderwood stated that the berm/buffer zone will be
heavily planted, made of serpentine, and be four to six feet high. Recreation and Senior
Services Director Morgan stated that they will also look into including a bike trail and a
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City of Newport Beach
City Council Minutes
June 10, 2008
fitness circuit system.
Katherine White expressed concern relative to road access from Banning Ranch, traffic, the
number of lights, congestion, break -ins, toxic materials, and transients. She believed that
the budget for this project should include road and toxic clean -up.
Matt Irwin believed that the lookout point is not in the right area and that the bay views
will be obstructed. He stated that, if land from the park is taken away, it makes the
park less valuable_
Byron Dearicle, representative for Soccer Families r Newport Fields, complimented the
recreation staff for their outreach efforts, believed at the General Plan was respected, and
appreciated the active use in the space.
Waldemar Moosman believed that the Pa Beaches d Recreation Committee refused to
consider alternatives to the General_.?'Plan and s d that the citizens voted for
balancing the needs of the City and. healthy natural e N nt. He stated that the
sports fields will destroy the natural elemeXf$ and cause exise, and that there was
no due process.
Gary Wright, Board Member AYS, supported the sports park and stated that it will
serve the youths of the community.
Stan Rosenthal behev .mm beach go s} ;.
g ill use the parking lot and there will be
inadequate parking for p g park °tai . He requed that the buffer zone be leveled so that
Newport Crest residents Al h ew.
Fred Cornwall, commended 4A o eir dill pursuit of getting opinions and mitigating
1
the resido concerns. He hik d that parking will not be an issue and noted that there
are nq,orts pks in the area "
Jeff Bien, Re' onaI Commissiolker of AYSO 97, stated that he is satisfied and appreciated
the progcP_lained thllreason for needing for the portable fencing and how
�=
ds w allocag ' aseball and soccer.
.. _
Jenny L ardilieved that the buffer zone is a bad idea because it will give park patrons
access to t resi&' s and that there has been no compromise from the City regarding the
design. She iscussed'; Newport Crest survey.
Kristine Ada s believed that there are too many elements in a small space.
Caras xpressed concern about the roadway going through Banning Ranch and
req ted sclosures of any deals with them regarding the area. He also expressed concern
about g a park at one of the most dangerous intersections of Newport Beach.
Mike Smith expressed gratitude for having a sports park in the area.
Lantz Bell, Board Member Newport Harbor Baseball, stated that the park is needed because
the 13 to 14 year olds are playing in Costa Mesa. He noted that he is also concerned about
safety and parking issues.
Mark Gonzalez asked Council to consider a compromise of removing one of the activities.
Oliver Fleener stated that there are no more vacant lots due to the population growth and a
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City of Newport Beach
City Council Minutes
June 10, 2008
sports park is needed in the community.
Craig Farmer expressed support for the park and believed that children in the community
would like to be involved with other sports besides beach activities.
Council Member Rosansky stated that he advocated for the park and the General
Plan designated the park to be active. He commended staff for trying to accommodate the
needs of the Newport Crest residents and reminded residents that the park needs to
accommodate the needs of all the residents of Newport Beach.
Motion,by._C.o.uncil Member-Rosansky to a)
Concept Plan; and b) direct staff to contact the i
suggest that they appoint a member(s) to official
In response to Council Member Gardner's
Morgan stated that they are working ono
the parking lot.
Council Member Webb stated thati
of Newport Crest. He talked abox
traffic conditions, and noise. He c
park 50% passive and 50% active
softball. b,
Council Member Selich
and interests of the com
the proposed Sunset Ridge Park
Crest Homeowners Association to
to issues with the City.
on and Senior Services Director
have even talked about staffing
fwas originally grad r phase two construction
parks in the area and they handle parking,
ented the architect for his efforts in making the
{pressed support for having moveable fences for
staff on" ",fie new design and for balancing the needs
The motion ied by the folwing „0611 call v ”'
Ayes: CtI[ncil ember Henn,uncil Member Rosansky, Mayor Pro Tem Daigle, Mayor
Aelich, C cil Member %ebb, Council Member Curry, Council Member Gardner
29. APPROI N YEAR,AGREEMENT WITH CR &R INC. TO PROVIDE
EN } SVA3E TRANSFER SERVICES AND MATERIAL
R SI ECYCLI RF) (C- 2807). [381100 -20081
General vices ITector Harmon reviewed amendments to Exhibit A including the
addition of to statCR &Rand the City mutually agree that CR &R will not use the City
transfer stat n for the transfer or residential or commercial solid waste collected by CR &R
at any other cation than the City. The excess capacity of the City transfer station shall not
used by q&R without prior City Council approval."
In r to Council's questions, General Services Director Harmon stated that the
equipm was sold for $226,000 to CR &R at no discounted rate. He stated that the annual
tonnage is audited by requiring monthly reports and scales are used to know how much
tonnage is moved out of Newport Beach. He reported that the diversion levels will have to
be re- negotiated if the State later requires a higher diversion rate level.
General Services Harmon stated that the agreement will not change the current practice of
City crews collecting refuse in the residential neighborhoods. He also stated that July 1st
will be the start of the processing fee, however, transportation will start on July 7 and noted
that the diversion rate will change to 40% on July 1st. CR &R can apply to the City for an
increase for. the disposal portion of their fees for any direct increase in the Orange County
landfill system, however, the CPI increase can not exceed more than 4% annually. The
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City of Newport Beach
City Council Minutes
June 10, 2008
agreement will generate a cost saving of $600,000 per year and reduces the employment
force in General .Services by two full time positions. The $244,000 in the equipment
replacement fund will be used to offset any purchase of Fleet.
Motion__by, Council, Mem - be r . Webb to approve the terms of the agreement, including
amendments to the Scope of Services ( #2 & #3) and the addition of #12; and award a ten -
year agreement with CR &R, Inc. through July 1, 2018 to provide residential solid waste
transfer services and material processing /recycling (MRF).
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Ro nsky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Me. er Curry, Council Member Gardner
30. RECOMMENDATION FROM E O N TAL QUALITY AFFAIRS
COMMITTEE REGARDING LIMIT. NS ON E OF POLYSTYRENE FOOD
PACKAGING MATERIALS. [100 -208] ;
OW
City Manager Bludau asked Coundito pro_Ae direction to sta ative to the prohibition of
the use of Styrofoam products b he C' He believed that pro ng the use throughout
the whole City might be problems .1 0411
Council Member Gard Krre(s
and add a hardship c1t
acquiring substitutes.
Ken Drellishak, Chairman]
included takeout foods and
and harma -A e. He stab
bans Stvirofo _ -He rent
Genna
a hardsh .
the draft
The motion
Harbor
will work with the Restaurant Association
h financial burdens and/or problems with
all (Athe ordinances that they have reviewed
ern is that Styrofoam gets into the water
Cher Cities that have ordinances in effect that
that the he has discussed this with the Restaurant
h School, stated that the students have been working
to make Newport Beach green
nber Gardner to a) direct staff to propose an ordinance, including
the use of Styrofoam in City restaurants; and b) direct staff to take
Restaurant BID and Economic Development Committee for input.
by the following roll call vote:
Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
ouncil Member Webb, Council Member Curry, Council Member Gardner
31. 3232 CLAY STREET - REQUESTING WAIVING REQUIREMENT OF DRIVEWAY
ABANDONMENT - ENCROACHMENT PERMIT N2008-0160.[100-20081
Public Works Director Badum stated that the owners are asking to waive Council Policy L-
2.0 so they can tear down the one car garage, and replace it with a three car garage and a
second one -unit living space, which requires four parking spaces.
In response to Council questions, Public Works Director Badum stated that a curb and
gutter will be required. Assistant City Manager Wood stated that the floor area is not an
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City of Newport Beach
City Council Minutes
June 10, 2008
issue in relation to parking.
Council Member Webb expressed support for staffs recommendation to deny the
encroachment permit because of the substantial redevelopment of the property and believed
that there is enough room for four stalls at the rear of the property.
Ross Maxwell, Project Architect, stated that they were not aware of the policy at the start of
the project and asked Council to delay the abandonmen of the curb until the second phase
of the project. He believed that the Planning Depart t has a gross square foot area that
needs to be maintained.
Motion_. by_.Cogncil_MgiLnber Webb to deny
the existing curb cut at 3232 Clay Street ba
Council policy L -2.C. ,�
The motion carried by the following roll
g"
Ayes: Council .Member Henn, GfFFuncil
Selich, Council Member WefiC
VI. CLOSED, SESSION REPORT - Council ,
reconvened at 11:06 p.m. wit 1 members
XX. MOTION. FOR RECONSIDER I one
3M. ADJOURNMENT_- 11:06 p.m. I-,,
The agenda for tl"
Hall Bulletin, 13 oar
Building. Th supp
at 11:00 a.m. r,the
Administratiom$uil
City Clerk
ber Rosansky,
Member Curry,
Permit N2008 -0160 to retain
rmance with the provisions of
Tem Daigle, Mayor
mber Gardner
-d to Closed Session at 10:22 p.m and
nt. There was no reportable action.
igular Meetilug;; as posted A June 4, 2008, at 2:45 p.m on the City
located ou a of the City of Newport Beach Administration
nental agent for the Regular Meeting was posted on June 6, 2008,
y Hall BulletBoard located outside of the City of Newport Beach
Recording Secretary
Mayor
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