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Home My WebLink About02/23/2010 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting February 23, 2010 — 7:00 p.m I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION A. Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9(a)): Two matters: 1. Castellina Partners, L.P. vs City of Newport Beach, Orange County Superior Court Case No. 30- 2010- 00340156 2. City of Newport v. Mariner's Mile Gateway, LLC, Orange County Superior Court Case No. 30- 2010 - 00343479 3. Cross Claim Against Morningside Recovery as the only remaining portion of the Concerned Citizen's v. City of Newport Beach, U.S. District Court Case No. SACV 08- 00192 -JVS (RNBx) B. Conference with Real Property Negotiator (Government Code § 54956.8): Property: Excess City Property on Carnation Avenue next to 412 Carnation Ave. City Negotiator: Dave Webb, City Engineer Neaotiating Parties: Curt P. Christiansen Under Negotiation: Sale of Excess City Property C. Conference with Labor Negotiator (Government Code § 54957.6): 1. Agency Designated Representative: Bill Avery of Avery & Associates and Terri Cassidy, Human Resource Director 2. Employee Organizations: Multiple Newport Beach associations- Lifeguard Management Association (LMA), Newport Beach Firefighters' Association (NBFA), Police Management Association (PMA), Police Employees' Association (PEA) and Fire Management Association (FMA) D. Public Employee Performance Evaluation (Government Code § 64967(b) (1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of one public employee. 1. 77tle: City Attorney Volume 59 - Page 408 City of Newport Beach City Council Minutes February 28, 2010 III. RECFES IV. RECONVENED AT 7;00 P.M. FOR RE GIJLAR MEETING V. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle VI. CLOSED SESSION REPORT City Attorney Hunt reported that Council Member Selich recused himself from closed session during Mariner's Mile Gateway, LLC deliberations due to a conflict of interest, and that Council voted 6 to 0 to authorize the City to enter into a settlement agreement. VII. PLEDGE OF ALLEGIANCE - Council Member Webb VIII. INVOCATION - Pastor Bradley Stienstra, Newport Harbor Lutheran Church IX. PRESENTATIONS- None X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON - DISCUSSION ITEM) Council Member Daigle announced that the Rhine Wharf Project is underway and that nothing was found that would impede the project when the dock was inspected. Council Member Selich requested that a staff report be presented to Council on the idea of splitting restaurant permits into operator or land use permits to provide more flexibility. Mayor Curry thanked the Special Events Committee for putting together the first annual comprehensive Special Events Calendar, noted that Relay for Life will be held May 15 and 16 at Newport Harbor High School, and commended City Manager Kiff for implementing the Call Back Plan at City Hall. He also noted that the Travel Channel featured Newport Beach as the second best beach in California and that Newport Beach was ranked as the number one wealth cluster in the United States by Portfolio.com. XII. CONSENT CAIXNDAR A. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING AND STUDY SESSION OF FEBRUARY 9, 2010 AND SPECIAL MEETING OF FEBRUARY 16, 2010. [100 -2010) 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 404 City of Newport Beach City Council Minutes February 23, 2010 3. RESOLUTION NO. 2010 -18: BOND REIMBURSEMENT AUTHORIZATION FOR CIVIC CENTER EXPENDITURES. [100- 20101 Adopt Resolution No. 2010.18 that would allow the City the option to reimburse itself for project costs incurred prior to possible future debt issuances for the Civic Center project. S11. ADOPT A RESOLUTION AUTHORIZING APPLICATION FOR FEDERAL TRANSPORTATION ENHANCEMENT PROGRAM FUNDING FROM ORANGE COUNTY TRANSPORTATION AUTHORITY. [100 -20101 Adopt Resolution No. 2010 -20 authorizing the submittal of Bristol Street North Landscape Improvements project to be considered for Transportation Enhancement program funding from Orange County Transportation Authority (OCTA). Council Member Daigle noted that staff will be applying for a federal stimulus TEA grant fund from OCTA. C. CONTRACTS AND AGREEMENTS 4. TRANSFER OF EXCESS BONITA CANYON BOND FUNDS. Continued to the March 9, 2010 meeting. 5. CENTRAL WATERSHED MANAGEMENT AREA COOPERATIVE AGREEMENT - 4TH AMENDMENT. [381100 -20101 a) Adopt Resolution No. 2010 -19 to amend the Cooperative Agreement for the Newport Bay Watershed and the Central Watershed Management Area; and b) authorize the Mayor and City Clerk to execute the amendment. 6. PLAYGROUND RESILIENT SURFACE RENOVATION - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4228. 1381100 -20101 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. D. MISCELLANEOUS 7. APPOINTMENT OF KATHY HARRISON TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE. [100 -20101 Confirm the Mayor's appointment of Kathy Harrison to the Environmental Quality Affairs Committee (EQAC). 8. ACCEPTANCE OF REIMBURSEMENT FROM FEDERAL BUREAU OF INVESTIGATION FOR PURCHASE OF COMPUTER EQUIPMENT FOR THE ORANGE COUNTY REGIONAL COMPUTER FORENSICS LABORATQRY. [100 -20101 Staff recommends that the Council allow the Police Department to accept funds from the FBI as repayment of funds expended by the Police Department for purchase of computer equipment used by the OCRCFL. 512. EXCESS GENERAL LIABILITY AND PROPERTY INSURANCE RENEWALS. [100 -20101 Approve the renewal of the excess general Volume 59 - Page 405 City of Newport Beach City Council Minutes February 23, 2010 liability and property insurance program coverage for amount not to exceed $1,262,867 in total premium (not including State taxes and fees) from the Insurance Reserve Funds. Motion by Mayor Pro Tem Henn, seconded b_y CQuncil Member josansky to approve the Consent Calendar; and noting the continuance of Item 4. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XIII. ITEMS$EMOVED FROM THE CONSENT CALENDAR -None XIV. ORAL REPORTS FROM CITY..COUNCIL ON COMMITTEE ACTIVITIES Mayor Pro Tem Henn reported that the Bowl Championship Series (BCS) event was headquartered in Newport Beach and noted that the media alone generated $800,000 of advertising value for the City. He also reported that the Economic Development Committee (EDC) is working on getting the BCS to return to Newport Beach for its next event, and is also working to make Newport Beach the designated City for the annual Rose Bowl. He also discussed geographic impacts for the retail environment over the holiday season and that the Environmental Quality Advisory Committee (EQAC) has decided to study the issue of an expanded smoking ban further before making a recommendation to Council. Council Member Daigle reported that the Federal Aviation Administration (FAA) will be making modifications for a DUUKE TWO procedure and thanked the County for advocating for Newport Beach and attending the Aviation Committee meetings. Council Member Gardner noted that the Cycling Task Force has been meeting every other week and noted that a written report will be provided in March. XV. PUBLIC HEARING 9. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISES TO ATHENS SERVICES AND HAUL -AWAY RUBBISH SERVICE CO., INC. 148 1100 -20101 In response to Council Member Rosansky's request, General Services Director Harmon noted that amending this process will be recommended to the Charter Update Commission and so the process will be included in the Municipal Code instead. Motion by Council Member Rosannsky, seconded by Council Member Webb to adopt Ordinance No. 2010 -2 for Athens Services and Ordinance No. 2010 -3 for Haul -Away Rubbish Service Co, Inc. The motion carried by the following roll call vote: Ayes. Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 1: 1133 ,YM. Volume 69 - Page 406 City of Newport Beach City Council Minutes February 28, 2010 Grace Tan, National Council of Alcoholism and Drug Dependence of Orange County Representative, and Irene Whinaped, Project Path Representative, utilized handouts to share prevention resources and promote upcoming events. XVIL CURRENT DU.$INESS 10. CONSIDER RECOMMENDATION OF CHARTER UPDATE COMMISSION S RECOMMENDATION TO ADD THE REQUEST OF THE NEWPORT BEACH CHAMBER OF COMMERCE REGARDING NON- PROFIT FUNDING TO ITS WORK PROGRAM. [100 -20101 City Attorney Hunt provided the staff report. Regarding the Chamber of Commerce, Council Member Webb expressed concern for providing funding to an organization that potentially endorses Council candidates. Mayor Pro Tem Henn noted that the Charter Update Commission is sensitive to that issue and will address it if the recommendation is approved. In response to Council Member Daigle's question, Mayor Curry and City Attorney Hunt clarified the workflow and end product of the Commission. ALo_tLgn_ Council Member Rosanskv. seconded by Mayor Pro Tem Henn to authorize the Charter Update Commission to add to its Work Plan a consideration of non -profit funding for potential Charter Update and/or to address Newport Beach Municipal Code Section 3.24.010. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 51,730 VZO)EIRM Dlr ADJOURNMENT - Adjourned the meeting at 7:80 p.m. in Memory of Cara A- Lee and Don Donaldson. The agenda for the Regular Meeting was posted on February 17, 2010, at 8:66 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 February 18, 2010, at 8:16 p.m, on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor Page 407