HomeMy WebLinkAbout10/13/2009 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
October 13, 2009 — 7:00 p.m.
I. STUDY SESSION - 3:30 p.m
H. CLOSED SESSION - 5:27 p.m
1. C erence with, Legal Counsel - Existing Litigation (Government Code
L54956.9(4)) Four matter(s):
A. IBC Litigation Matters: Four matters, all arising out of the IBC Litigation
against the City of Irvine:
1. Newport Beach/Tustin v. City of Irvine (Martin Street),
Orange County Superior Court Case No. 07CCO1264
2. Newport Beach/Tustin v. City of Irvine (2851 Alton), Orange
County Superior Court Case No. 07CCO1265
8. Newport Beach/Tustin v. City of Irvine (HCG), Orange County
Superior Court Case No. 30- 2008 - 0022885- CU- WM -CXC
4. Newport Beach/Tustin v. City of Irvine (Accessory Retail
Business Regulations), Orange County Superior Court Case No.
30 -2009- 00264696
2. Conference with Labor Negotiators (Government Code §54957.6):
Agency Designated Representatives: Bill Avery of Avery & Associates and Terri
Cassidy, Human Resources Director
Employee Organization: Multiple - Lifeguard Management Association; Police
Management Association; and Police Employees Association
HI. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Gardner, Mayor Pro Tem Curry, Council Member Webb, Mayor
Selich, Council Member Rosansky, Council Member Henn
Excused: Council Member Daigle
VI. CLOSED SESSION REPORT - None
VII. FLEDGE OF ALLEGIANCE -Council Member Webb
Volume 59 - Page 282
City of Newport Beach
City Council Minutes
October 13 , 2009
VIII. INVOCATIQN - Mr. Frank Carpenter
IX. PRESENTATIONS
Presentation of Plaque to Outgoing Building and Fire Board of Appeals Member -
Mayor Selich presented Larry Paul Root with a plaque for his service to the City.
Presentation of the American Association of Community Theater Volunteer Award
to Rae Cohen - Mayor Selich presented the award and thanked her for her hard work. Rae
Cohen thanked Council, staff, and former Mayors Clarence Turner and Ruth Ellen Plummer
for their support.
X. NOTICE TO THE PUBLIC
XI. VITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH-COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOA DISCUSSION ACTION OR
REPORT (NON - DISCUSSION ITEM)
Council Member Webb announced that today is his 40th anniversary of service in the
government sector. He also expressed appreciation to staff for their rapid response to
disasters.
Council Member Gardner announced that the Corona del Mar Community Youth Center
(CYC) had a successful open house, noting that 300 people attended the movie in the park.
She also stated that there are over 450 students attending classes at the facility.
Council Member Henn thanked staff for their remarkable aocomplishment in fixing the
broken water main on Lido Street and Newport Boulevard, and announced that the
City replaced the parts, repaved the street, and put in a new curb in less than 48
hours. Regarding Item 8 (Balboa Boulevard Pavement Rehabilitation), he stated that the bid
came in 24% less than the engineers estimate. He indicated that the financing is complete
for Assessment District No. 103 and noted that the rate of 3.77% is a cost savings to
residents who added the amount to their property tax bill. Regarding Item 4 (Fire Ring
Policy Update), he stated that he is in favor of a regulation that removes the fire rings.
Mayor Pro Tem Curry expressed appreciation to the Public Works Department for the seven
new yield signs in the Port Streets and announced that October 16 - 22 is Restaurant Week.
Mayor Selich announced that the City Hall Environmental Impact Report (EIR) is available
on the City's website and indicated that the deadline to submit comments is October 15.
XII. CONSENT CALENDAR
A. READING OF MINUTESiORDINANCES AND RESOLUTIONS
1. MINUTES OF THE REGULAR MEETING AND ADJOURNED
REGULAR MEETING OF SEPTEMBER 22, 2009. [100.2009) Waive
reading of subject minutes, approve as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in
full of all ordinances and resolutions under consideration, and direct City
Clerk to read by title only.
Volume 59 - Page 288
City of Newport Beach
City Council Minutes
October 13 , 2009
3. ORDINANCE CLARIFYING THE CITY COUNCIL TERM LIMIT
PROVISIONS OF THE CHARTER OF THE CITY OF NEWPORT
BEACH. [100 -20091 Adopt Ordinance No. 2009 -22 adding Chapter 1.32 of
the Municipal Code.
D. RE,%0—LU77QM FOR ADOPTION
5. IDENTITY THEFT PREVENTION PROGRAM. [100 -20091 Adopt
Resolution No. 2009 -69 approving the Identity Theft Prevention Program
effective November 1, 2009.
E. CONTRACTS AND
6. JANITORIAL SERVICES CONTRACT APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH PROGREEN
BUILDING MAINTENANCE, INC. FOR LIBRARY FACILITY
JANITORIAL SERVICES (C-4386).1881100-20091 Approve a Professional
Services Agreement with Progreen Building Maintenance, Inc. for Janitorial
Services at a not to exceed price of $6,384.80 per month, and authorize the
Mayor and City Clerk to execute the agreement.
REIMBURSEMENT AGREEMENT WITH ORANGE COUNTY
SANITATION DISTRICT FOR THE BAYSIDE DRIVE SEWER
IMPROVEMENTS (C- 4397). [381100 -20091 a) Approve the
Reimbursement Agreement in the amount of $50,700 with Orange County
Sanitation District (OCSD) for the Bayside Drive Sewer Improvements; and
b) establish an additional amount of $10,000 to cover the cost of unforeseen
work.
8. BALBOA BOULEVARD PAVEMENT REHABILITATION - AWARD
OF CONTRACT (C- 4144). [38,1100 -80091 a) Approve the project plans and
specifications; b) award the contract (C -4144) to Ortiz Asphalt Paving, Inc.
for the total bid price of $871,000, and authorize the Mayor and City Clerk
to execute the contract; and c) establish an amount of $87,100 (10%) to cover
the cost of unforeseen work.
10. BALBOA PIER EMERGENCY REPAIR - AWARD OF CONTRACT (C-
4826). [33/100 -20091 a) Approve the project plans and specifications; b)
award the contract (C -4326) to Associated Pacific Constructors, Inc. for a
total bid price of $59,900, and authorize the Mayor and City Clerk to execute
the contract; c) establish an amount of $10,000 to cover the cost of
unforeseen work; and d) approve a budget amendment (10BA -016)
transferring $69,900 from Account No. 7231- C4402002 (Balboa
Island/Harbor Bulkhead and Seawall Repairs) to Account No. 7231 -
C4802002 (Balboa Pier Emergency Repairs).
11. NEWPORT BEACH FILM FESTIVAL GRANT AGREEMENT (C-
8664). [33/100 -20091 Authorize the Mayor and City Clerk to execute a
grant agreement with the Newport Beach Film Festival that provides City
funding in the amount of $100,000.
12. AMENDMENT NO. 8 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH LSA ASSOCIATES, INC. FOR
ENVIRONMENTAL SERVICES ON THE CIVIC CENTER & PARK
Volume 59 - Page 284
City of Newport Beach
City Council Minutes
October 13, 2009
DEVELOPMENT PLAN (C- 4141). [381731100 -20091 Removed from the
agenda.
13. APPROVAL OF CONTRACTUAL AGREEMENT WITH
MANAGEMENT PARTNERS, INCORPORATED FOR INTERIM
ASSISTANT CITY MANAGER - JAN PERKINS (C4396). [381100-
20091 Authorize the City Manager to enter into a contract with
Management Partners, Inc. to provide professional services to the City
Manager's Office at the rate of $140 per hour, not to exceed a total amount
of $100,000 between the period of October 2009 and March 2010.
14. IMPLEMENTATION OF HOUSING ASSISTANCE AGREEMENT
WITH THE CITY MANAGER TO SHARE EQUITY (C4898). [381100-
20091 Authorize the Mayor to execute the Housing Assistance Agreement to
Share Equity for the City Manager.
F. MISCELLANEOUS
lb. APPOINTMENT OF DAVID KIFF TO METRO CITIES FIRE
AUTHORITY BOARD OF DIRECTORS. 1100 -20091 Appoint David Kiff
as the Newport Beach member of the Metro Cities Fire Authority Board of
Directors.
16. APPOINTMENT OF THE ADVISORY BOARD OF THE NEWPORT
BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT
DISTRICT (NBRA). [100 -20091 Confirm the Newport Beach Restaurant
Association Business Improvement District (NBRA) election of Advisory
Board and Executive Board members.
17. PUBLIC MEETING ON PROPOSED INCREASE TO THE BENEFIT
ASSESSMENT LEVY OF THE NEWPORT BEACH RESTAURANT
ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (NBRA).
[100 -20091 Receive public comments from anyone wishing to speak on the
proposed increase to the benefit assessment levy of the Newport Beach
Restaurant Association Business Improvement District (NBRA).
Motion by Mayor Pro Tern Cry, seconded by Council Member Rosanskv to
approve the Consent Calendar, except for the items removed (4, 9, & 21); remove Item 12
from the agenda; amend the recommendation on Item 13 as stated on the supplemental
agenda; and amend the agreement to Item 14.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Mayor Pro Tern Curry, Council Member Webb, Mayor
Selich, Council Member Rosansky, Council Member Henn
Absent: Council Member Daigle
)III. ITEMS REMOVED FROM THE CONSENT CALENDAR
4. AMENDMENT TO MUNICIPAL CODE CHAPTER 9.04.030, SUBSECTION
307.4.2.1 (FIRE RING POLICY UPDATE). 1100 -20091
Council Member Gardner expressed support for the amendment and requested that
staff bring back a report to abolish all fire rings in the City. Council Member Henn
supported Council Member Gardner's suggestion and added that there are a lot of
Volume 59 - Page 285
City of Newport Beach
City Council Minutes
October 13 , 2009
health hazards associated with fire rings.
Council Member Webb suggested that if the City cannot remove the fire rings at one
tame, that the fire rings be phased out over time.
Motion by_Council Member Gardner seconded by Council Member.Webb to
a) approve the recommendation of the Parks, Beaches & Recreation Commission; b)
introduce Ordinance No. 2009 -23 amending Municipal Code Section 9.04.030,
Subsection 307.4.2.1, to clarify the public use of fire rings at any beach, park, or
other public place, and pass to second reading on October 27, 2009; and c) direct staff
to bring a report back to Council to remove all fire rings in the City.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry,
Mayor Selich, Council Member Webb, Council Member Gardner
Absent: Council Member Daigle
9. BIG CANYON CREEK RESTORATION PROJECT - APPROVAL OF
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH
VA CONSULTING, INC. (C-3593).[381100-20091
Council Member Gardner expressed support for the re- examination of the project
Motion by.Gouncil Member Gardner. seconded by Council Member Henn to
a) approve Amendment No. 2 to Professional Services Agreement with VA
Consulting, Inc. for design and permit application services. at a contract price of
$85,790, and authorize the Mayor and City Clerk to execute the agreement; b)
approve a budget amendment (10BA -017) transferring $85,790 from Account No.
7014- C5002001 to Account No. 7014- C5100709; and c) stop work on current project
and work with the Regulatory Agencies and our consultant team to re -scope the
project into a much more modest plan for restoring disturbed area in the canyon,
removing invasive species, and pursuing various means to reduce selenium
concentrations entering the canyon to below 13 ppb to meet Regional Water Quality
Control Board (R.WQCB) TMDL requirements.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Mayor Pro Tem Curry, Council Member Webb,
Mayor Selich, Council Member Rosansky, Council Member Henn
Absent: Council Member Daigle
S21. RESOLUTION REGARDING THE CITY OF NEWPORT BEACH'S SUPPORT
OF SPECIFIC MARINE PROTECTION AREA DESIGNATIONS IN THE
MARINE LIFE PROTECTION ACT. (100 -20091
City Manager Kiff reported that the resolution endorses the City's position to protect
the Rocky Intertidal Zone.
Marine Protection and Education Supervisor Clemente utilised a PowerPoint
presentation that highlighted the issues, staff's recommendation, proposed maps,
and a summary of the proposals. She explained each map and believed that a
consistent area of protection is helpful for enforcement.
Council Member Gardner expressed concern about the protection area and expressed
Volume 59 - Page 286
City of Newport Beach
City Council Minutes
October 13, 2009
confidence in the scientific advisory team.
In response to Mayor Selich's questions, City Manager Kiff stated that people are
debating the quality of the science, indicated that the Rocky Intertidal Zone is not
consistent, and proposed that the protection zone be 125 feet. Marine Protection and
Education Supervisor Clemente stated that it is better to have even and consistent
lines throughout the area.
In response to Council Member Henn's question, Marine Protection and Education
Supervisor Clemente stated that the offshore distances in the three proposals are
slightly different. Council Member Henn stated that he supports Council Member
Gardner's view to not go backwards relative to protection levels and suggested that
the resolution he amended to classify the UNB as a State Marine Conservation Area
(SMCA) rather than a Marine Reserve "no take" zone.
In response to Council Member Rosansky's question, City Manager Kiff stated that
having a higher designation for the UNB does not create an issue for dredging, but
might require that the sediment be removed.
Ken Kramer, District Superintendent for California State Parks, expressed concern
about potentially decreasing the current level of protection at Crystal Cove State
Park and discussed the three maps. He stated that his organization is not in favor
of a particular map; however, he urged Council to make sure that the protection line
is not less than 0.5 miles.
Norris Tapp stated that protection was not decreased in the tidepool area and
expressed support for Map 2.
Dave Connell expressed support for Map 2 and urged Council to keep the coastline
open.
Jim Werner expressed support for Map 2 and believed that minimizing access to the
area will cause an economic impact to businesses.
Jimmy Decker expressed support for Map 2.
Raymond Hiemstra expressed support for the resolution, as written
Wendy Tochihara provided Council with a handout, urged Council to amend the
resolution to support Map 2, and expressed concern for the businesses that will be
affected by the loss of revenue.
Rodger Healy believed that placing more protections will impact the fishermen and
will be detrimental to the dory fleet.
Michael Beaman believed that having a larger reserve area will allow the fish to
grow and urged Council to help the restoration process.
Louise Thorton, Chair of the Laguna Ocean Foundation, expressed support for Map
3.
Jan Vandereloot expressed support for the protection area and believed that the
areas should be off limit to fishermen to allow the fish to grow.
Mike Thompson believed that the MLPA creates depletion in the areas that are left
Volume 59 - Page 287
City of Newport Beach
City Council Minutes
October 13 , 2009
open, believed that some of the maps enforce too many restrictions on fishermen,
and expressed support for Map 2.
Council Member Gardner believed that the ocean is over -fished and that more
protection is needed. She indicated that there are diminishing returns because the
fish are not allowed the opportunity to grow and expressed support for the strongest
protection in the tidepool areas.
Mayor Selich suggested that the level of protection be 0.5 miles is more than the
City's current protection area.
Motion by Council Member Gardnerseconded. by Council Member Webb to
adopt Resolution No. 2009.72 relating to the protection of Rocky Intertidal habitat
along the City's coastline via the designation of this habitat as a State Marine
Conservancy Area (SMCA) and designate the boundary to extend a minimum of 0.5
miles offshore.
With the acceptance of the maker of the motion, Council Member Gardner,
Council Member Henn requested that the motion be amended to change
the Upper Newport Bay (UNB) classification to State Marine Conservation
Area (SMCA).
Motion by Mayor Selich to designate the boundary to be 0.5 miles.
The motion failed for lack of a second.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry,
Council Member Webb, Council Member Gardner
Noes: Mayor Selich
Absent: Council Member Daigle
)IV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Webb reported that he attended the Sister Cities Association's
International Festival at Mariners Park.
Council Member Henn reported that the "Conference and Visitors Bureau" officially changed
its name to "Visit Newport Beach, Inc." which is consistent with their strategic plan, and
that Council Member Rosansky helped pursue the Barrett Jackson Luxury Auto Auction
which could be the City's largest generator of hotel rooms for the year. He also reported that
Newport Beach is the home site for the Rose Bowl teams and media, and thanked Gary
DiSano who was instrumental in procuring the City for the site. He stated that the 4th of
July Committee would like the day to be better regulated and noted that they are working
on turning July 4th into a family- oriented event.
Mayor Pro Tem Curry reported that the Finance Committee supported the street sweeping
program, assured residents that Council is serious about the fiscal situation, and indicated
that Council is working with the City Manager to reduce costs which will protect fiscal
stability. Council Member Henn added that staff recommended utilizing a Request For
Proposal (RFP) for the entire street sweeping program rather than a pilot program. He
indicated that it will include a 30 -day termination clause and the program will be phased -in
over twelve months to allow time for evaluation. City Manager Kiff clarified that the
Volume 59 - Page 288
City of Newport Beach
City Council Minutes
October 13 , 2009
Finance Committees review will be brought before Council for approval.
XV. PUBLIC COMMENTS - None
XVI. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
18. PLANNING COMMISSION AGENDA FOR OCTOBER 8,2009.1100-20091
Planning Director Lepo provided a report on the following Planning Commission
items: North Newport Center Planned Community Amendment (PA2009 -111) - 100,
150, 180, 190, 450 Newport Center Drive and 5100 Plaza Colony; and 31st Street
Lido, LLC (2009 -096) - 500 31st Street.
XVII. CURRENT BUSINESS
19. PROPOSITION IA SECURITIZATION PROGRAM (C-4399).[381100-20091
.Finance Manager Matusiewicz reported that staff is recommending that Council
adopt a resolution authorizing the sale of the City's Proposition IA receivable from
the State and approve the purchase and sale agreement.
Motion by Council Member Rosanskv.._seconded by Council Member
Gardner to a) adopt Resolution No. 2009 -70 authorizing the sale of City's
Proposition lA receivable from the State; and b) approve the Purchase and Sale
Agreement with the California Statewide Communities Development Authority, and
authorize the Mayor and City Clerk to execute the agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Mayor Pro Tent Curry, Council Member Webb,
Mayor Selich, Council Member Rosansky, Council Member Henn
Absent: Council Member Daigle
20. APPEALS BY CANDIDATES FOR ORIGINAL EMPLOYMENT. 1100-20091
City Attorney Hunt reported that the Civil Service Board regulations do not provide
for candidates to have an appeal right. He further explained property rights, the
current appeal process, and the timeline for an appeal.
In response to Council questions, City Attorney Hunt indicated that the current
ordinance is unique to the City and could only be changed by a vote of the electorate
because it was originated by a citizen's initiative measure. He stated that the
Civil Service Board recommended that Council take action and repeal the provision
by placing it on the November 2010 ballot. He reported that the Civil Service System
Review has been conducted by Bruce Pryitt and noted that there are
recommendations for amendments that can also be placed on the November
2010 ballot. He also reported that an appeal filed in 2008 identified the provision
and advised Council that staff can bring back the issues relative to the Civil Service
Board ordinance and the Charter at a Study Session.
Mayor Pro Tem Curry believed that there should be a comprehensive review of the
Charter, stated that Council will work on it during the early months of 2010, and
directed the City Manager to create a Charter Review Committee that will include
residents. He indicated that the Committee will compile a list of deficiencies and
help with a comprehensive Charter reform measure for the 2010 election. Council
Volume 59 - Page 289
City of Newport Beach
City Council Minutes
October 13, 2009 .
Member Gardner suggested that staff begin compiling the Charter issues. Council
Member Henn expressed support for the Charter Review Committee
and emphasized the need for a broad thought process. Council Member Webb
believed that appointments to the Committee should be made in December.
Motion _ by, Mayor, Pro_ Tem. Curry, seconded by. Council Member Webb to
adopt Resolution No. 2009 -71 revising Newport Beach Civil Service Board Rules and
Regulations ("Board Rule(s) ") Section 501.3.3 to include a procedure for appeals by
candidates for original employment; b) direct the City Attorney to provide a list of
potential issues in the Charter and Civil Service Board regulations; and c) direct the
City Manager to bring a report to Council that forms a Charter Review Committee.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Mayor Pro Tem Curry, Council Member Webb,
Mayor Selich, Council Member Rosansky, Council Member Henn
Absent: Council Member Daigle
522, GENERAL FUND BUDGET UPDATE: FY 2008-09 PRELIMINARY YEAR
END AND FIRST QUARTER FY 2009-10.[100-20091
Administrative Services Manager Danner utilized a PowerPoint
presentation which included the preliminary audit financial information for 2008-
2009 and the first quarter revenue for 2009 -2010. He highlighted revenue issues,
expenditure issues, assumptions included in the deficit projection, the immediate
actions that staff has taken, long -term actions, and a five -year resource projection.
Council Member Henn thanked staff for taking a proactive approach in addressing
the issues and noted that the annual run rate is closer to $8 million.
In response to Mayor Selich's questions, Administrative Services Manager Danner
stated that the Facilities Replacement Plan is for future facilities and there are
annual contributions added to the account. He confirmed that all approved
development agreements were factored into the budget, except for the Santa
Barbara Condominiums development agreement.
528. EARLY RETIREMENT INCENTIVE PROGRAM. 1100 -20091
City Manager Kiff stated that the Early Retirement Incentive Program is
a vital budget solution in order to save money and restructure the organization. He
clarified that the retirement is not an upgrade to the employee's classification and
that it is a one time offer in which the employee will have to leave by January 31,
2010. He noted that there are about 160 eligible employees and about 40 employees
might take the offer.
In response to Council questions, City Manager Kiff stated that the target goal is to
have approximately 40 to 50 employees participate in the program and emphasized
that there is no guaranteed right to the opportunity. He stated that results will be
brought to Council and noted that the program will result in an annual savings of
approximately $1.24 million. He clarified that there is no spike to Ca1PERS and the
amount paid is not subject to increase. He assured Council that positions will not be
brought back without Council approval and emphasized that the budget control
sheet will be amended as positions are eliminated. He indicated that he is
confident that the level of service in the City can be maintained and pointed out that
Volume 59 - Page 290
City of Newport Beach
City Council Minutes
October 13 , 2009
sworn safety personnel are not included in the program.
Council Member Henn clarified that the program will not go forward unless staff is
certain that there will be considerable savings and expressed confidence that
the City will maintain a level of service that is satisfactory to the residents.
Motion bv, MmQr Pro Tem Curry. seconded by Council Member Gardner to
adopt Resolution No. 2009 -73 authorizing an early retirement incentive program to
eligible City staff members under the condition that the program meets the fiscal,
managerial, and operational goals of the City.
XVIII. MOTION FOR RECONSIDERATION - None
30X. ADJOURNMENT - 9:05 p.m.
The agenda for the Regular Meeting was posted on October 7, 2009, at 4:05 p.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building. The supplemental agenda for the Regular Meeting was
posted on October 9, 2009, at 3:10 p.m. on the City Hall Bulletin Board located
outside of the City of Newport Beach Administration Building.
V� fUrY'
City Clerk
Volume 59 - Page 291