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HomeMy WebLinkAbout07/27/2010 - Regular MeetingCity Council Minutes City Council Regular Meeting July 27, 2010 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 5:20 p.m. A. Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9(a)): Four matters: 1. Pacific Shores v. Newport Beach, U.S. District Court Case No. SACV 08- 00457 AG (PLAx) 2. Newport Coast Recovery and Yellowstone Recovery v. City of Newport Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx) 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) 4. Banning Ranch Conservancy v. City of Newport Beach, Orange County Superior Court Case No. 30- 2010- 00365758 B. Conference with Labor Negotiators (Government Code § 54957.6): One matter: Agency Designated Representatives: Negotiator Bill Avery; Assistant City Manager Dana Smith; Human Resources Director Terri Cassidy; Administrative Services Director Tracy McCraner Employee Organizations: Newport Beach City Employees Association; Newport Beach Professional and Technical Employees Association; Newport Beach Employee League C. Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation (Government Code § 54956.9c L, One matter: Potential filing of amicus curie papers in Bay Island Club v. California Coastal Commission, Orange County Superior Court Case No. 30- 2009 - 00126561 D. Public Employee Performance Evaluation (Government Code § 54957(b)(1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of one public employee Title: City Attorney III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING Volume 59 - Page 540 City of Newport Beach City Council Minutes July 27, 2010 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 on an issue related to the argument in favor of the ballot measure and the Bay Island Club case (Item II.C). VII. PLEDGE OF ALLEGIANCE - Council Member Gardner VIII. INVOCATION_ - Mr. Frank Carpenter IX. PRESENTATION Mayor of Placilla, Chile - Carol McDermit introduced Mayor Luis Silva and his family. Mayor Silva, translated by Jeff Cannon, discussed the town of Placilla, expressed his gratitude for the opportunity to initiate an exchange program with the City of Newport Beach, and presented wine to the Council. X. NOT_I_CE TO THE PUBLIC M. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR Council Member Selich requested staff to prepare a report for the August 10 Study Session regarding solar panels and any necessary changes that may need to be made to make the City Code compliant with State legislature. Mayor Pro Tem Henn commented on the successful opening of the Farmer's Market in Lido Marina Village. Council Member Daigle discussed the 44th Balboa Yacht Club Annual Governor's Cup International Junior Championship, congratulated the Newport Harbor Yacht Club for their efforts, and thanked the supporters of the event. She also reported on a forum that involved Hoag Hospital for businesses and individuals that will be affected by changes in healthcare. Council Member Webb noted his trip with Mayor Curry to Antibes, France. Mayor Curry discussed a Citizen's Satisfaction Survey that will be mailed out to residents, his and Council Member Webb's trip to France, a Certificate of Excellence from the Government Finance Officers Association (GFOA), the Back Bay Paints the Bay Fundraiser; two Meet the Mayor sessions conducted over the weekend, his walkthrough of the new OASIS Senior Center, and Concerts in the Park. He also commented on recent issues in the City of Bell and the City of Newport Beach's commitment to transparent government. Council Member Gardner further noted that Council Members are not paid to serve on committees. City Manager Kiff noted that budget detail documents are available in the Library and on the City's website. XII. CONSENT CALENDAR A. READING OF MINUTESIORDINANCES AND RESOLUTIONS Volume 59 - Page 541 City of Newport Beach City Council Minutes July 27, 2010 1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETING OF JULY 6, 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. C. RESOLUTIONS FOR ADOPTION 4. GENERAL MUNICIPAL ELECTION -NOVEMBER 2, 2010: ADOPTION OF RESOLUTIONS CALLING THE ELECTION AND REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION FOR THE PURPOSE OF THE ELECTION OF MEMBERS OF THE CITY COUNCIL FOR THE FIRST, THIRD, FOURTH, AND SIXTH DISTRICTS [100- 20101. a) Adopt Resolution No. 2010 -81 Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 2, 2010 for the Election of Members of the City Council as Required by the Provisions of the City Charter; and b) adopt Resolution No. 2010 -82 Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 2, 2010, with the Statewide General Election to be Held on the Same Date Pursuant to California Elections Code Section 10403. 5. NEXTG WIRELESS TELECOM PERMITS FOR DISTRIBUTED ANTENNA SYSTEM WITHIN THE PUBLIC RIGHT -OF -WAY: TELECOM PERMIT NO. TP2009 -003 FOR 1101 (CS) EAST COAST HIGHWAY; TELECOM PERMIT NO. TP2009 -004 FOR 2346 (CS) EAST COAST HIGHWAY, TELECOM PERMIT NO. TP2009 -005 FOR 4501 (CS) WEST COAST HIGHWAY; TELECOM PERMIT NO. TP2009 -006 FOR 5100 (CS) EAST COAST HIGHWAY; TELECOM PERMIT NO. TP2009- 007 FOR 6228 (CS) EAST COAST HIGHWAY); TELECOM PERMIT NO. TP2009 -008 FOR 3215 (CS) MARCUS AVENUE; AND TELECOM PERMIT NO. TP2009 -009 FOR 202 (CS) SANTA ANA AVENUE [681100- 20101. a) Adopt Resolution Nos. 2010 -83 to 2010 -87 denying Telecommunication Permits Nos. TP2009 -003, TP2009 -004, TP2009 -005, TP2009 -006, and TP2009 -007; and b) adopt Resolution Nos. 2010 -88 and 2010 - 89 approving, with conditions, Telecommunication Permit Nos. TP2009 -008 and TP2009 -009, and the fiber optic network associated with those sites. Council Member Daigle recused herself. 6. EXTENSION OF TERM FOR WATER TAXI EXPLORATORY COMMITTEE [100 - 20101. Adopt Resolution No. 2010 -90 extending the term of the Water Taxi Committee six months from September 30, 2010 to March 30, 2011 to allow it to assist in developing a work plan fora Water Taxi RFP. D. CONTRACTS AND AGREEMENTS 7. MARINA PARK - APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH RABBENIHERMAN DESIGN OFFICE AND GABLE CONSULTING (C- 4030A). a) Approve and authorize the Mayor to execute a new Professional Services Agreement with Rabben/Herman Design Office to provide permitting support; project plans, specifications, and other Volume 59 - Page 542 City of Newport Beach City Council Minutes July 27, 2010 necessary construction documents /reports; and project construction observation services for a cost not to exceed $2,203,713; and b) approve and authorize the Mayor to execute Amendment No. 5 to the Professional Services Agreement with Gable Consulting to provide Project Management Services including oversight of the various design consultants, project permitting, design review and cost estimating, value engineering, project scheduling, construction bid and award services and other necessary project support services for a cost not to exceed $144,345. 8. SEASHORE DRIVE AND PEARL AVENUE TIDE GATE REPLACEMENT (C -4476) - AWARD OF CONTRACT [381100- 2010]. a) Approve the project drawings and specifications; b) award C -4476 to Atlas - Allied, Inc. for the total bid price of $92,300, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $7,700 to cover the cost of unforeseen work. 9. CONTRACT APPROVAL WITH A FORMER CITY EMPLOYEE - COUNCIL POLICY F -20 (C -4586) [381100- 2010). Authorize the City Manager to execute a contract with former City employee Steve Bunting for analytical assistance in the City Manager's office for up to six months. 10. OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING (C- 4524) - AWARD OF CONTRACT [381100- 2010]. a) Approve the project drawings and specifications; b) award C -4524 to R.J. Noble Company for the total bid price of $149,924.50, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $15,000.00 (10 %) to cover the cost of unforeseen work. E. MISCELLANEOUS 12. PLANNING COMMISSION AGENDAS FOR JULY 13, 2010, AND JULY 15, 2010 [100 - 2010]. Receive and file written report. 13. RESPONSIBLE BEVERAGE SERVE (RBS) TRAINING [100 - 2010]. Receive and file. Matthew Thomas discussed alcohol - related statistics. 14. APPOINTMENT OF LAURA MEIER TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC) [100 - 2010]. Confirm Council Member Leslie Daigle's appointment of Laura Meier to the vacant District 4 position. Motion by Mayor Pro Tem Henn seconded by Council Member Webb to approve the Consent Calendar, except for the items removed (3, 11 and 15); and noting Council Member Daigle's recusal on Item 5. The 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 XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 7.04.030 IF Volume 59 - Page 543 City of Newport Beach City Council Minutes July 27, 2010 TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO ANIMALS PROHIBITED ON PUBLIC BEACHES [100- 2010]. Shirley Reinker and Michael Hernick expressed support for unrestricted winter hours. Trish Knapp expressed support for the proposed extended hours. Christopher Steneman expressed support for extending hours in winter. Gregg Reinker noted the cleanliness of the beach, supported unrestricted winter hours, and read a letter from Dr. Kimberly Jameson in support of increasing beach access hours for leashed dogs. Council Member Gardner and Council Member Rosansky expressed support for unrestricted winter hours for dogs on the beach. Council Member Webb recommended referring the issue to the PBR Commission. Police Captain Johnson noted that different hours during summer and winter may be difficult to enforce. Mayor Pro Tern Henn suggested leaving summer hours (May 15 to September 15) unchanged and removing winter restrictions. Motion by Mayor Pro Tern Henn, seconded by _Council Member Rosanskv to a) approve the amended recommendation to amend Section 7.04.030 of Title 7 of the Newport Beach Municipal Code changing the current hours of 9:00 a.m. to 5:00 p.m. to the proposed hours of 9 :00 a.m. to 5:00 p.m. during May 15 to September 15, which prohibits any animal in the areas as designated in Section 7.04.025 of Title 7; and b) introduce Ordinance No. 2010 -13 amending the hours that any animal is prohibited in the area as designated in Section 7.04.025 of Title 7, and pass to second reading on August 10, 2010. The motion carried by the following roll call vote: Ayes: Council Member Rosansky, Mayor Pro Tern Henn, Mayor Curry, Council Member Gardner, Council Member Daigle Noes: Council Member Selich, Council Member Webb 11. PROFESSIONAL SERVICES AGREEMENTS RELATED TO THE CIVIC CENTER PROJECT FINANCING (C -4527) [381100- 20101. a) Adopt Budget Amendment No. I IBA -001 appropriating $410,000 from future bond proceeds for initial financing costs associated with the financing of the proposed Civic Center project; and b) approve Professional Services Agreements with: l) Field Rolapp & Associates for Financial Advisory Services; 2) Stradling Yocca Carlson & Rauth for Bond Counsel Services; 3) Hawkins Dela£ield & Wood LLP for Disclosure Counsel Services; and 4) William R. Hansen and Associates for Appraisal and Valuation Services. In response to Council Member Daigle's question, Public Works Director Badum discussed cost estimates and Administrative Services Director McCraner discussed the financing schedule: Motion by Council Member Webb seconded by Council Member Gardner to a) adopt Budget Amendment NoJIBA -001 appropriating $410,000 from future bond proceeds for initial financing costs associated with the financing of the proposed Civic Center project; and b) approve Professional Services Agreements with: 1) Field Rolapp & Associates for Financial Advisory Services; 2) Stradling Yocca Carlson & Rauth for Volume 59 - Page 544 City of Newport Beach City Council Minutes July 27, 2010 Bond Counsel Services; 3) Hawkins Delafield & Wood LLP for Disclosure Counsel Services; and 4) William R. Hansen and Associates for Appraisal and Valuation Services. 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 15. REQUEST FOR WAIVER OF CITY COUNCIL POLICY B-8 FROM OC GRAN FONDO AS AN ANNUAL 13TH EVENT [100 - 20101. Proponent Cameron Jackson discussed details of the event, that the event is open to the public, and that the date will be flexible the following years. Following discussion and with the concurrence from Recreation staff, Council determined that a permit is not needed for the event and no action is required. XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported that the Citizen's Aviation Committe utilizes an interested parties list to keep residents informed and encouraged residents to sign up. Council Member Gardner reported on a Dye Tab Program presented at the Coastal/Bay Water Quality Committee and findings from an Orange County Sanitation District Operations Committee meeting. Mayor Pro Tem Henn reported on a business license tax presentation at the Economic Development Committee meeting, that a sub - committee will be formed on the issue, and that the zoning code proposal was discussed. He also reported on the Finance Committee's review of and recommended changes to the Investment Policy, and on the West Newport Safety Committee that discussed the 4th of July weekend. XV. PUBLIC HEARINGS 16. RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP PROJECT: MITIGATED NEGATIVE DECLARATION [100 - 20101. Harbor Resources Manager Miller utilized a PowerPoint presentation to discuss the Rhine Channel Cleanup Project, its historical use, the project site, project details, potential impacts, Best Management Practices (BMPs), and the environmental review. In response to Council questions, he discussed timeframes and costs, boat access, and the Port of Long Beach application. Mayor Curry opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Daigle, seconded by Council Member Webb to a) adopt Resolution No. 2010 -91 approving the Mitigated Negative Declaration, and the Mitigated Monitoring and Reporting Program on the basis of the environmental record; and b) approve the project which includes removing contaminated sediments in the Rhine Channel and depositing those sediments in the Port of Long Beach. The motion carried by the following roll call vote: Volume 59 - Page 545 City of Newport Beach City Council Minutes July 27, 2010 XVI. Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 17. CLIFF DRIVE APPEAL (PA2009.149) - 2949 CLIFF DRIVE (MODIFICATION PERMIT NO. MD2009 -030): APPEAL OF PLANNING COMMISSION DECISION TO DENY MODIFICATION PERMIT NO. MD2009 -030 FOR THE ENCROACHMENT OF PORTIONS OF AN EXISTING OUTDOOR ROOM AND EXTERIOR FIREPLACE INTO REQUIRED SIDE YARD AND REAR YARD SETBACKS [100- 20101. Senior Planner Campbell utilized a PowerPoint presentation to display maps and photographs of the structure. Council Member Webb questioned whether the builders of the project are licensed. Mayor Curry opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Rosansky, seconded by Council Member Webb to adopt Resolution No. 2010 -92 to deny Modification No. 2009 -030, subject to the findings included within the resolution. The motion carried by the following roll call vote: Aye's: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle Mayor Curry spoke on behalf of Laura Dietz to report that the Lobster Fest starts on Sunday, August 1. XVI. CONTINUED BUSINESS 18. HOAG MEMORIAL . HOSPITAL PRESBYTERIAN - DEVELOPMENT AGREEMENT ANNUAL OOMPLIANCE REVIEW [100- 20101. Motion by Council Member Webb, seconded by Council Member Rosansky to continue the item to September 14, 2010. 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 19. SALE OF BONDS FOR ASSESSMENT DISTRICT NO. 100 [891100-20101. Motion by Council Member Webb seconded by Council Member Rosansky to a) adopt Resolution No. 2010 -93 determining the remaining unpaid assessments for Assessment District No. 100 (13th St.Malboa Blvd. /Adams St. /Ocean Front); and b) adopt Resolution No. 2010 -94 authorizing the issuance and sale of limited obligation bonds with respect to Assessment District No. 100; approving the form of the Bond Indenture providing for the form, execution and issuance of said bonds, approving the form of the Bond. Purchase Contract, the Preliminary Official Statement and the Disclosure Dissemination Agent Agreement,. all pertaining to said bonds; and Volume 59 - Page 546 City of Newport Beach City Council Minutes July 27, 2010 XVII. authorizing related actions and execution of related documents in respect of the issuance, sale and delivery of said bonds. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle S23. CITIZENS TECHNOLOGY TASK FORCE REPORT [100 - 2010]. Motion by Council Member Webb. seconded by Mayor Pro Tem Henn to consider the report prepared by the Task Force and direct the City Manager to return with an analysis of the recommendations and implementation steps necessary to carry out the report's key recommendations. 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 20. CREATION OF AN AD HOC COMMITTEE ON UPDATING HARBOR CHARGES [100- 20101. Motion by Council Member Gardner, seconded by Council Member Rosansky to a) adopt Resolution 2010 -95 relating to the City Council Ad Hoc Committee on Updating Harbor Charges; and b) appoint Mayor Pro Tem Henn, Council Member Selich, and Council Member Rosansky to the Committee. 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 21. DESIGNATION OF VOTING DELEGATES FOR 2010 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - SEPTEMBER 15-17,2010, IN SAN DIEGO [100 - 20101. Motion by Council Member Gardner, seconded by Council Member Rosansky to designate Council Member Daigle as the City's Voting Delegate for the Conference and Mayor Curry as the Voting Alternate. 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 22. CREATION OF AN AD HOC COMMITTEE ON THE RE -USE OF THE CITY HALL SITE (C -4588) [381100- 20101. Mayor Pro Tem Henn expressed his support and felt that this is a rational approach to develop a coordinated and integrated plan. Council Member Daigle also expressed support for the approach and noted the need for flexibility. Volume 59 - Page 547 City of Newport Beach City Council Minutes July 27, 2010 Council Member Webb felt that public uses should be considered for the site. Willie Boyd asked Council to consider the construction of a hotel and parking structure on the site. Doug Dryer received confirmation that public input would be allowed during the committee meetings. Motion by Council Member Webb seconded by Council Member Gardner to a) adopt Resolution No. 2010 -96 relating to the City Council Ad Hoc Committee on the Re- Use of the City Hall Site; b) appoint Mayor Curry, Mayor Pro Tern Henn, and Council Member Rosansky to the Committee; and c) waive provision of Council Policy F -14 to allow the hiring of Tim Collins as Project Manager for this effort. The 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 S24. GENERAL MUNICIPAL ELECTION - NOVEMBER 2, 2010: ADOPTION OF RESOLUTION CALLING THE ELECTION FOR THE PURPOSE OF SUBMITTING A QUESTION FOR PROPOSED CHARTER AMENDMENTS AND ORDINANCE REPEALS [391100- 2010]. City Attorney Hunt discussed details of the opposition by Construction Industry Force Account Council (CIFAC) and clarified the proposed language change. After discussion, it was agreed that the dollar amount threshold would be $120,000. Motion by Council Member Selich. seconded by Mayor Pro Tern Henn to adopt Resolution No. 2010 -97 calling the election for the purpose of submitting a question for proposed Charter amendments and ordinance repeals. 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 XVIII. MOTION FOR RECONSIDERATION - None XIX ADJOURNMENT - Adjourned at 9:10 p.m. in memory of Gregory Vance Gushaw. The agenda for the Regular Meeting was posted on July 21, 2010 at 4:55 p.m. and the supplemental agenda for the Regular Meeting was posted on July 23, 2010 at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. A It, A Volume 59 - Page 548 -