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HomeMy WebLinkAbout05/25/2010 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes City Council Regular Meeting May 25, 2010 — 7:00 p.m. I. STUDY SESSION - 3:30 p.m. II. CLOSED SESSION A. Conference with-Legal Counsel _- _ Existing Litigation (Government -Code 54956.90: Six matters: 1. Status Report on Pending Litigation: We will report on a global basis on all pending litigation involving the City. This is an informational item only. No action, however, may be taken on any item unless it is specifically noticed below. 2. Kimberly Layne us. City of Newport Beach - OCSC Case No. 30-2009 - 00326399-CU-PO-CJC 3. Olson us. City of Newport Beach - OCSC Case No. 30- 2010 - 00371973 4. Pacific Shores u, Newport Beach - U.S. District Court Case No. SACV 08- 00457 AG (PLAx) 5. Newport Coast Recovery v. City of Newport Beach - U.S. District Court Case No. SACV 09 -0701 DOC (ANx) 6. Yellowstone v. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0834 -8 B. Public Employee _ _Performance Evaluation. Discipline or Dismissal (Government Code § 54957(B)(1)): The City Council will meet in closed session to consider the, employment, evaluation of performance, discipline, or dismissal of the following public employee(s). Titles: City Attorney C. Conference with Labor Negotiators_(_ Government Code § 54957.6): Age= Designated_ Representatives: Bill Avery of Avery & Associates and Terri Cassidy, Human Resources Director Employee _Organ_izations: Multiple Newport Beach associations: Police Employees Association (PEA), Police Management Association (PMA), Newport Beach Employees League (NBEL), Newport Beach Professional & Technical Employees Association (Prof- Tech), and Newport Beach City Employees Association (NBCEA) III. RECESS Volume 59 - Page 484 City of Newport Beach City Council Minutes May 25, 2010 IV. RECONVENED AT 7:00 P.M. FOR REGULAR 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 - None VII. PLEDGE OF ALLEGIANC_E- Council Member Rosansky VIII. INVOCATION -Mayor Curry IX. PRESENTATION Recognition of Elizabeth Nguyen for Receiving a Disneyland Resort Scholarship Award - Danielle Dubois, Disney Resort Ambassador, highlighted Elizabeth Nguyen's accomplishments, and Mayor Curry read the proclamation and presented it to Miss Nguyen. X. NOTICE TO THE PUB_L_I_C XI. CITY COUNCIL ANNOUNCE_ MENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE _PLACED ON A AGENDA FOR DISCUSSION ACTION_ OR REPORT (NON- DISCUSSION ITEMZ Council Member Daigle reported on the success of the Senior Citizen Forum that was conducted on May 17 at the Central Library and thanked Congressman Campbell's office for their assistance. Council Member Gardner announced that the Corona del Mar 5K will be held on Saturday, June 5. Council Member Selich announced that the 17th Annual Balboa Island Parade will be held on Sunday, June 6, from 11:00 a.m. to 2:00 p.m. Mayor Pro Tem Henn discussed the fundraising success of this year's Relay For Life Mayor Curry discussed the Newport Beach Exchange Club's Field of Honor at Castaways Park, the success of the Newport Beach Jazz Festival and Balboa Island Art Walk, and the grand opening of the Clean Natural Gas (CNG) facility at the City Yard. He announced that he spoke at the Leadership Tomorrow Annual Meeting, held a Meet the Mayor session at Mariners Library, and was elected to the Orange County League of California Cities (OCLCC) Board of Directors. He also reported that art in public spaces will be discussed at the Orange County Museum tomorrow. XII. CONSENT CALENDAR A. READING OF MIN UTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF MAY 11, 2010. Waive reading of subject minutes, approve as amended, and order filed. Mayor Pro Tem Henn noted his abstention to this item since he did not attend the May 11 meeting. Without objection, Council Member Gardner requested that Page 468 be amended to read, "Council Member Gardner suggested that the City Traffic Engineer determine Volume 59 - Page 485 City of Newport Beach City Council Minutes May 25, 2010 i criteria for a sharrows test program.' 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. " B. ORDINANCE FOR INTRODUCTION 3. AMENDMENT.TO SECTION 11.03.020(B) OF THE NEWPORT BEACH i MUNICIPAL CODE PERTAINING TO SPECIAL EVENT PERMITS. [100 -2010] Introduce Ordinance No. 2010 -10 amending Newport Beach Municipal Code Section 11.03.020(B) to eliminate farmers' markets from the special event permit process, and pass to second reading on June 8, 2010. C. RESOLUTIONS FOR ADOPTION 4. APPROVAL OF RESOLUTION ADOPTING A SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION [C- 2058(D)]; AND ADOPTION OF RESOLUTION IMPLEMENTING A Ca1PERS TIME -IN -GRADE EXCEPTION. [381100 -2010] a) Adopt Resolution No. 2010 -48 adopting the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Lifeguard Management Association; and b) adopt Resolution No. 2010 -49 adopting the Ca1PERS Employer Paid Member Contribution Time - in -Grade Exception. Mayor Curry commended the Newport Beach Lifeguard Management Association for working with the City to, reduce costs and expressed the City's appreciation. D. CONTRACTS AND AGREEMENTS 5. CIP STAFF SUPPORT SERVICES - APPROVAL OF AMENDMENT NO. 1 TO . PROFESSIONAL SERVICES AGREEMENT WITH ANDERSONPENNA PARTNERS, INC. (C- 4542). [381100 -2010] Approve Amendment No. 1 to Professional Services Agreement with AndersonPenna Partners, Inc. (AndersonPenna) for Engineering and Inspection Support Services at a not to exceed General Fund Cap of $223,000, as well as a not to exceed budgeted enterprise project fund cap of $200,000, and authorize the Mayor and City Clerk to execute the Agreement. 6. COASTAL ACCESS AND PEDESTRIAN CIRCULATION IMPROVEMENTS (C -3628) - COMPLETION AND ACCEPTANCE. [381100 -2010] 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; c) release the Faithful Performance Bond one year after Council acceptance; and d) authorize the City Manager and General Services Department to increase their FY10 /11 Operating and Maintenance Budget by $9,386 annually to accommodate the increased annual maintenance. IRVINE AVENUE SIDEWALK WIDENING (C -4432) - COMPLETION AND ACCEPTANCE. [381100 -2010] a) Accept the completed work and Volume 59 - Page 486 City of Newport Beach City Council Minutes May 25, 2010 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. 8. ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT (C- 4232) - AWARD OF CONTRACT. [381401100 -2010] a) Approve the project drawings and specifications; b) award the contract (C -4232) to Macadee Electrical Construction, Inc. for the total contract price of $725,928.00, and authorize the Mayor and the City Clerk to execute the contract; c) establish a construction contingency amount of $181,482 (25% of total bid) to allow for upgrades to the work if opportunities arise and to cover the cost of unforeseen work; and d) approve Budget Amendment No. IOBA -047 recognizing $853,000 in federal stimulus monies from an Energy Efficiency and Conservation Block Grant and appropriating $853,300 to Account No. 7251- C2202003 for this improvement project. 9. AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH MANAGEMENT PARTNERS, INCORPORATED FOR SPECIAL PROJECTS ASSISTANCE - JAN PERKINS [C- 4396(A)I. [381100 -2010] Authorize the City Manager to enter into a contract with Management Partners, Inc. to provide professional services to the City Manager's Office at a rate of $140 per hour, not to exceed a total amount of $50,000. E. MISCELLANEOUS 10. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011. [321100 -2010] Authorize the City Clerk to publish a notice advertising for bids to be received on or before the hour of 4:00 p.m., on Friday, June 11, 2010, for a one -year contract covering the publishing and printing of legal notices, or other material required to be published and circulated in the City of Newport Beach. 11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE THE FUNDS FOR LIBRARY SERVICES. [401100 -2010] Approve Budget Amendment No. IOBA -046 to increase expenditure appropriations by $10,000 in Division 4010 (Support Services) and Division 4017 .(Systems Services), and to increase revenue estimates for the same amount of Account No. 4010 -4835, Library Services Technology Act. 13. 2010 -11 PROPOSED BUDGET HEARING AND 2010 -11 APPROPRIATION LIMIT HEARING. [100 -2010] Schedule a public hearing of the City's Proposed Budget and Appropriation Limit for the 2010 -11 fiscal year on June 8, 2010, at 7:00 p.m. in the City Council Chambers, 3300 Newport Boulevard, Newport Beach, CA 92663, and direct the City Clerk to publish a notice of said hearings in accordance with Section 1102 of the Newport Beach Charter. 14. PLANNING COMMISSION AGENDAS FOR THE MAY 20, 2010 STUDY SESSION AND REGULAR MEETING. [100 -2010] Receive and file written reports. Volume 59 - Page 487 City of Newport Beach City Council Minutes May 25, 2010 S16. BARRETT-JACKSON AUCTION COMPANY, LLC BANNERS — APPROVAL OF ENCROACHMENT PERMIT N2010 -0150. [100 -2010] Conditionally approve the request of Barrett - Jackson Auction Company, LLC (Barrett- Jackson) for the installation of 60 private banners on City -owned street light poles, from June 1, 2010 to June 28, 2010 (installation shall be along Jamboree Road and MacArthur Boulevard in the Fashion Island area). S17. PROPOSED BUDGET AMENDMENT REGARDING OUTSIDE COUNSEL EXPENSE (SPECIAL LITIGATION). [401100 -2010] Approve Budget Amendment No. IOBA -048 to transfer a combined total of $650,000 from. the General Fund and General Liability reserve funds to cover forecasted outside counsel costs related to special litigation, allocating (1) $450,000 from the General Fund reserve fund to the Office of the City Attorney's C"OCA ") budget line item 0510 -8657; and (2) $200,000 from the General Liability reserve fund to the General Liability Non -Tort litigation budget line item 6021- 8654. Council Member Daigle expressed concern about the budgetary increase in the City Attorney's Office and possible affects this may have on the City's budget. Motion by Mayor Pro Tem Henn, seconded by Council Member Rosanskv to approve the Consent Calendar, except for the item removed (12); and noting the abstention by Mayor Pro Tem Henn on Item 1 and the amendment to Item 1 by Council Member Gardner. 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 XIIL I_TEMS REMOVED FROM THE CONSENT CALENDAR 12. STREET TREE DESIGNATION FOR HELIOTROPE AVENUE. [100 -2010] Mark Linam expressed concern that the designated trees will impede his ocean view and that Heliotrope Avenue will be the only street with three types of street trees. He suggested using palm trees or thinner trees closest to the water because they will not block views. General Services Director Harmon clarified that the proposal is to have one tree per site. He added that, when the City's arborists met with residents, they were opposed to using palm trees because they do not provide a canopy. He believed that the selected trees can be trimmed to keep them low and thinned out to allow for ocean views. Pat Vranicar expressed opposition to the proposed trees and suggested selecting one tree for Heliotrope Avenue in order to maintain the charm of the village. Frank Vranicar stated that he had been emailing Urban Forester Conway and believed that something needs to be done in the 200 and 300 blocks of Heliotrope Avenue. He displayed photos of the selected trees when they mature and took issue with the selections. He believed more citizen input is needed before approving the tree selections, volunteered his services, and recommended tabling the item. In response to Council questions, General Services Director Harmon discussed how the recommended designated street trees were selected by the Urban Foresters. He added Volume 59 - Page 488 City of Newport Beach City Council Minutes May 25, 2010 that staff felt that these trees were the best for the neighborhood given the growth space and that the residents in attendance at the Parks, Beaches and Recreation Commission meeting were supportive of the selections. He reported that trees are only removed that pose a public danger or are sick. Council Member Rosansky questioned the need for three different trees for one street. Council Member Gardner requested that the item be continued so she could speak to Heliotrope Avenue residents about the selections. Motion by Council Member Gardner, seconded by Council Member Rosansky to continue the item to the June 22, 2010, Council meeting. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tom Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported that the Aviation Committee met Monday and received a presentation from John Wayne Airport (JWA) about the noise monitoring system. She suggested placing this presentation on the City's website. She noted that attendance at the meetings is growing, in part due to AirFare's involvement. Council Member Webb also noted the active participation by the Airport Working Group (AWG). Council Member Gardner reported that the Coastal/Bay Water Quality Committee is looking into a number of issues that involve unfunded mandates by the State and indicated that the Committee will be forwarding suggestions to Council regarding sending letters to various agencies. Mayor Pro Tom Henn reported that the Economic Development Committee (EDC) received a presentation relative to the updated draft Zoning Code and expressed the importance of the document. He encouraged residents to attend the meetings in which the Zoning Code will be discussed. XV. PUBLIC COMMENTS Mark Carlozzi spoke regarding Assessment District No. 101 and asked the City Council for assistance in enforcing the City's contract with Southern California Edison (SCE). He noted that all of the residents have completed their part for the Assessment District, reported that SCE has not fixed the transformer issue at Newport Landing, and believed that this delay is holding up the removal of all the poles in the right -of -way. He noted that the project is behind schedule because of the delay and.expressed concern that construction will not be allowed after Memorial Day due to the summer season. Public Works Director Badum indicated that he will speak with Senior Civil Engineer Lee to come to some resolution. Mayor Pro Tem Henn stated that he and Public Works were aware that there were issues with Newport Landing's incomplete plans but did not realize it had been over a month. He encouraged Public Works to take whatever action necessary to have SCE comply with its contract. He commended the residents and staff for moving this Assessment District forward rapidly, and asked staff to look into whether the topping off of the poles has to wait until the summer season is over. Volume 59 - Page 489 City of Newport Beach City Council Minutes May 25, 2010 XVI. PUBLIC HEARING 15. BEAUCHAMP GENERAL PLAN AMENDMENT AND LOCAL COASTAL PROGRAM COASTAL LAND USE PLAN AMENDMENT (PA2009 -067) FOR 2000 -2016 EAST BALBOA BOULEVARD - GENERAL PLAN AMENDMENT NO. GP2009 -001; LOCAL COASTAL PROGRAM COASTAL LAND USE PLAN AMENDMENT NO. LC2009 -001; AND MITIGATED NEGATIVE DECLARATION NO. ND2010 -001 - THE AMENDMENT WOULD CHANGE THE LAND USE DESIGNATIONS FROM PR (PARKS AND RECREATION) TO RS -D (SINGLE UNIT RESIDENTIAL DETACHED) AND RSD -B (SINGLE UNIT RESIDENTIAL DETACHED). [100 -2010] Assistant Planner Nova utilized a Pow.erPoint presentation to highlight the proposed project. She noted that the site was previously zoned residential before becoming PR (Parks and Recreation). Referencing the conceptual development map, Council Member Webb took issue that the private streets.were included in the square footage count. He believed that the area would be too dense if five units were allowed on the site. He expressed concern that anyone looking at this in the future will believe that it was Council's intent to allow five units on the site since that is what the resolution mentions. He emphasized that the current General Plan requires lots to be 5,000 square feet. He recommended approving the General Plan Amendment, but only allowing a maximum of four units on the site. In response to Council Member Webb's questions, Assistant Planner Nova reported that the conceptual development plan is not the final project and that approval of the lot configuration is done during Tract Map approval. She stated that the drawing was created to allow for optimum driveway access and that the five units provide for maximum environmental impact analysis. Planning Director Lepo assured Council that there will be additional review before any lot is subdivided. He reported that the draft Zoning Code provides flexibility to allow for consistency with the surrounding area, that no map is being approved at this time, and that the Planning Commission will review any proposal. Council Member Selich expressed opposition to limiting the site to four units and noted that the conceptual development map is for illustrative purposes. Mayor Pro Tem Henn agreed and pointed out that the final project will be reviewed later. Motion by Mayor Pro Tern Henn,_ seconded by Council Member Selich to adopt Resolution No. 2010 -50 adopting Mitigated Negative Declaration No. ND2010 -001 and approving General Plan Amendment No. GP2009 -001 and Local Coastal Program CLUP Amendment No. LC2009 -001. In response to Council Member Gardner's question, Acting City Attorney Mulvihill stated that, by approving this, the City is not locking itself into what is shown on the conceptual development plan and noted that tonight is a legislative action. Mayor Curry opened the public hearing. Dennis O'Neil, applicant's counsel, stated that they have followed the necessary procedures to make the project consistent with the Zoning Code and requested Council's support of the recommendation. David Beauchamp stated that his family has owned the property for many years and emphasized that he is requesting approval of the General Plan Amendment, not the Volume 59 - Page 490 City of Newport Beach City Council Minutes May 25, 2010 conceptual plan. Hearing no further testimony, Mayor Curry closed the public hearing. Without objection and with the concurrence of Acting City Attorney Mulvihill, Council Member Webb requested that all references in the resolution to "five units" be changed to "dwelling units." Mayor Pro Tem Henn indicated that he will amend his motion as long as the change does not prejudge any limitations that are not otherwise allowable under the designation that is being requested. Amended motion by Mayor Pro Tern Henn seconded by Council Selich to adopt Resolution No. 2010 -50, as amended, adopting Mitigated Negative Declaration No. ND2010 -001 and approving General Plan Amendment No. GP2009 -001 and Local Coastal Program CLUP Amendment No. LC2009 -001. The amended motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XVII. _MOTION FOR RECONSIDERATION - None XVIII. ADJOURNMENT - Adjourned at 8:13 p.m. in memory of Anita Ferguson, Mike Dexter, and Ann M. Henn The agenda for the Regular Meeting was posted on May 19, 2010, at 3:40 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 May 21, 2010, at 2:18 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 4" 'P � "IVY- Recording Secretary Mayor Volume 59 - Page 491