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HomeMy WebLinkAbout05/11/2010 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes City Council Regular Meeting May 11, 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)): Three matters: 1. Pacific Shores u. Newport Beach - U.S. District Court Case No. SACV 08- 00457 AG (PLAx) 2. Newport Coast Recovery v. City of Newport Beach - U.S. District Court Case No. SACV 09 -0701 DOC (ANx) 3. Yellowstone v. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0834 -8 B. Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation (Government Code § 54956.9(c)): One matter: Potential initiation of litigation on one matter in which disclosure of its underlying existing facts and circumstances would jeopardize the City's ability to conclude existing settlement negotiations to the City's advantage. C. 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 D. Conference with Real Property Negotiator (Government Code § 54956.8): Property: 601 E. Balboa Boulevard/209 Washington Street City Negotiator: Sharon Wood Negotiating Parties: Balboa Nautical Museum Under Negotiation: Provide direction to City negotiator on price and terms of payment for lease of parking facility III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Volume 59 - Page 471 City of Newport Beach City Council Minutes May 11, 2010 Present: Council Member Selich, Council Member Rosansky, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle Excused: Mayor Pro Tem Henn Mayor Curry announced that the Council's prayers and sympathy go out to Mayor Pro Tem Henn and his family on the passing of his mother. VI. CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIANCE - Council Member Webb VIII. INVOCATION - Reverend Peter D. Haynes, Saint Michaels and All Angels Episcopal Church IX. PRESENTATIONS Poppy Week Proclamation - Mayor Curry presented the proclamation to Karen Karanickolas, President of American Legion Auxiliary 291. Rachel Leidemann, Miss Poppy, recited a poem and presented poppies to Council and staff. Certificate of Recognition to Brianna Bailey - Mayor Curry presented Daily Pilot reporter Brianna Bailey with a Certificate of Recognition for her service and dedication to the City. He announced that Friday is her last day with the newspaper because she will be moving back home to Oklahoma. Ms. Bailey stated that she enjoyed working in Newport Beach and commended the City for their dedication and professionalism. 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 Sehch announced that the Balboa Island Art Walk will be held on Sunday, May 16, and reported that his Relay for Life fundraiser, Walking Rendezvous, raised $2,000. Council Member Daigle announced that a free workshop for seniors will be held on May 18 at the Central Library from 2:00 p.m. to 4:00 p.m. Council Member Gardner requested a report relative to whether the City has taken any action on the Green Development Task Force's suggestions. She also announced that she and the Mayor attended the Literacy Luncheon and noted the importance of this program. Mayor Curry announced that there will be a grand opening ceremony for the alternative fuel station at the City's yard on May 19 at 9:30 a.m. He discussed the benefits of hosting the facility and noted that this is another example of how the City is following its Fiscal Sustainability Plan. He also announced that he attended yacht club openings throughout the City. He reported that he fired the horn that started the OC Marathon on May 2 and that the attendance at this year's Newport Beach Film Festival exceeded last year's attendance. )[H. CONSENT CALENDAR A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF APRIL 27, 2010. [100 -20101 Waive reading of subject minutes, approve as written, and order filed. Volume 59 - Page 472 City of Newport Beach City Council Minutes May 11, 2010 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. ORDINANCES FOR ADOPTION 3. AMENDMENT OF NEWPORT BEACH MUNICIPAL CODE SECTION 5.04.330 PERTAINING TO BUSINESS TAX APPEALS. [100 -20101 Adopt Ordinance No. 2010 -7 relating to business tax appeals amending Section 5.04.330 of the Newport Beach Municipal Code. 4. PARKING METER AND PARKING LOT FEE INCREASES. 1100 -20101 Adopt Ordinance No. 2010 -8 amending Newport Beach Municipal Code Section 12.44.040, to increase the parking meter fees for on- street meters by $0.50/hour. C. RESOLUTIONS FOR ADOPTION 6. EXECUTION OF FISCAL YEAR 2009 HOMELAND SECURITY GRANT PROGRAMS TRANSFER AGREEMENTS (C- 4536). 138/100 -20101 Adopt Resolution No. 2010 -45 authorizing the Police Chief, Fire Chief, and City Manager to act as "Authorized Agents" to execute the necessary documents in conjunction with the agreements. D. CONTRACTS AND AGREEMENTS TRAFFIC SIGNAL MODERNIZATION PROJECT PHASES 4 AND 7 CONSTRUCTION (C4395) - AWARD OF CONTRACT. [381100 -20101 a) Approve the project plans and specifications; b) award the contract (C -4395) to Traffic Development Services, Inc. for the total bid price of $702,447.41, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $70,000 (10 %) to cover the cost of unforeseen work; d) authorize IT staff to procure required Ethernet equipment for an estimated cost of $103,000; and e) approve Budget Amendment No. IOBA -042 transferring $71,000.00 from the unappropriated Transportation and Circulation Fund balance to the Traffic Signal Modernization Phases 4 and 7 Account No. 7261- C3002006. S. TRAFFIC SIGNAL MODERNIZATION PROJECT PHASES 4 AND 7 - APPROVAL OF PURCHASE CONTRACT (C -3456) WITH ECONOLITE CONTROL PRODUCTS, INC. [381100 -20101 Approve Purchase Contract with Econolite Control Products, Inc. of Anaheim, for purchase and installation of advanced traffic signal management equipment for Phase 4 and 7 of the Traffic Signal Modernization Project, at a not to exceed price of $230,972.93, and authorize the Mayor and City Clerk to execute the agreement. 9. CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 2 (C -4140) - COMPLETION AND ACCEPTANCE. [381100 -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. 10. LIDO ISLE PAVEMENT REHABILITATION PHASE II (C -4385) - AWARD OF CONTRACT. [381100 -20101 a) Approve the project drawings and Volume 59 - Page 473 City of Newport Beach City Council Minutes May 11, 2010 specifications; b) award the contract (C -4385) to All American Asphalt for the total bid price of $572,572.00, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $57,257.00 to cover the cost of unforeseen work; and d) approve Budget Amendment No. IOBA -044 appropriating $5,500 from the unappropriated water reserve fund to Account No. 7503- C2002032 and appropriating $38,500 from the unappropriated sewer reserve fund to Account No. 7531- C2002032. 11. COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS (C -4309) - AWARD OF CONTRACT. [381100 -20101 a) Approve the project plans and specification; b) award the contract (C -4309) to Specialized Builder's Hardware, Inc., cilia CFO Door Hardware & Security, Inc. (CFO) for the total contract price of $30,319.02, and authorize the Mayor and the City Clerk to execute the contract; c) establish a construction contingency amount of $4,600.00, approximately 15 percent, to cover the cost of unforeseen work; and d) approve Budget Amendment No. IOBA -045 appropriating $4,600.00 from the unappropriated Building Excise Tax Fund to CYC Rehabilitation Account No. 7271- C4120806. 12. PENINSULA POINT WATER AND SEWER IMPROVEMENTS (C -4066) - COMPLETION AND ACCEPTANCE. [381100 -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. 13. AGREEMENT WITH THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (AQMD) TO ACCEPT MATCHING FUNDS OF $162,500 FOR THE CITY S ALTERNATIVE FUEL PROGRAM (C- 4537). [381100 -20101 Approve the agreement with the Air Quality Management District (AQMD) to accept matching funds of $162,500 for the City's alternative fuel program. 15. BALBOA ISLAND WAYFINDING SIGNS. 1100 -20101 Authorize the Marine Avenue Business Improvement District ( MABID) to pay for the installation of three (3) directional wayfinding signs prior to comprehensive installation by the City, and agree to reimburse the MABID the City's cost to install the signs as part of a comprehensive implementation of the wayfinding program when the City completes the program. 16. CONTRACT WITH HYDROBLAST, INC. FOR SIDEWALK STEAM CLEANING SERVICES (C- 4535). 1381100 -20101 Approve an agreement with HydroBlast to provide sidewalk steam cleaning services for two (2) years with an option of three (3) one -year extensions. E. MISCELLANEOUS 17. THIRD QUARTLY REPORT ON PERFORMANCE MEASURES. 1100 - 20101 Receive and file. 18. FIRE DIVISION CHIEF JOB CLASSIFICATION. [100 -20101 Approve the City Manager's recommendation to combine the Fire Division Chief - Training & Education and Fire Marshal job classifications into a combined Fire Division Chief classification. Volume 59 -Page 474 City of Newport Beach City Council Minutes May 11, 2010 Motion by Council Member Rosansky seconded by Council Member Webb to approve the Consent Calendar, except for the items removed (5 and 14). 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 Absent: Mayor Pro Tem Henn )III. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. AMENDMENT TO TITLE 19, "SUBDIVISIONS," OF THE NEWPORT BEACH MUNICIPAL CODE; CODE AMENDMENT NO. CA2005 -004. [100 -20101 Brian Starr, Building Industry Association (BIA) of Southern California, referrenced correspondence from the BIA Chief Executive Officer and explained why the BIA opposes the ordinance. He further discussed case law and requested that Council postpone adopting the ordinance. He added that he is concerned that the City could end up refunding development fees if the City's ordinance is overturned due to the case BIA filed against San Jose in March. Acting City Attorney Mulvihill reported that the Palmer case affects rental housing and a city's ability to restrict rates, but pointed out that the proposed ordinance does not do this. Assistant City Manager Wood clarified that she mentioned her concern at the last meeting about certification of future Housing Elements because cities are required to report on their progress in achieving their goals. She reported that since the inclusionary policy has been written into the Housing Element, the City has achieved 17% of its new affordable housing goal and, therefore, beleived it has been an effective program for the City. Motion by Council Member Webb seconded by Council Member Selich to adopt Ordinance No. 2010 -9 amending Title 19, "Subdivisions," of the Newport Beach Municipal Code to incorporate Chapter 19.54 ( Inclusionary Housing) establishing inclusionary housing requirements and an in -lieu housing fee. Mayor Curry stated that he is philosophically opposed to the approach, believed that Mr. Starr raised interesting points, and indicated that he will be voting against this item. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Council Member Webb, Council Member Gardner Noes: Mayor Curry, Council Member Daigle Absent: Mayor Pro Tem Henn _14. VENDOR SELECTION FOR CONTRACT NEGOTIATIONS FOR MOORING MANAGEMENT SERVICES. [381100 -20101 In response to Council Member Gardner's question, Harbor Resources Manager explained that a 24 -hour management service is needed due to transient boating issues in the Harbor. Volume 59 - Page 475 City of Newport Beach City Council Minutes May 11, 2010 Motion by Council Member Gardner, seconded by Mayor Curry to direct staff to negotiate a five-year contract with the Orange County Sheriffs Harbor Patrol to provide mooring management services. 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 Absent: Mayor Pro Tem Henn XFV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported that the Aviation Committee received an update about the DUUKE runway. She stated that the Federal Aviation Administration (FAA) will be working on improving the current plan, the County is working with the FAA to expedite the process, and a representative from John Wayne Airport (JWA) attends the Aviation Committee meetings because they communicate with the FAA on behalf of the City. Council Member Gardner reported that the Media and Communications Committee will be providing Council with suggested revisions to the telecommunications ordinance. Council Member Selich reported that the Zoning Code will be going to the Planning Commission for review on May 20. Mayor Curry reported that the Finance Committee received a report on the City's budget, Council was provided a budget overview during today's Study Session, and Council will receive another budget update on May 25. He pointed out that the proposed budget shows an $8.7 million reduction; however, the City will still be able to move forward with the Civic Center project and the Rhine Channel dredging without the need to reduce safety personnel out in the field and while still being able to follow the Fiscal Sustainability Plan. He commended the City Manager and City staff for their efforts. XV. PUBLIC COMMENTS Eddie Marquez, Southern California Edison (SCE), provided an update on SCE's infrastructure, energy efficiency, and rates, and discussed the Smart Meter Reader program. He stated that he is working with City staff to ensure that permits are obtained as projects come before the City. XVI. PUBLIC HEARING 19. MARINA PARK PROJECT ENVIRONMENTAL IMPACT REPORT - ER2008 -001 (PA2008 -040); STATEMENT OF OVERRIDING CONSIDERATIONS; SITE PLANS (PHASES 1 THROUGH 3); AND EXEMPTION FROM ZONING AND DEVELOPMENT REGULATIONS. [731100 -20101 Deputy Public Works Director Webb utilized a PowerPoint presentation to display the concept plan approved in 2007, the three phases to the Marina Park project, and the various amenities proposed for the park. Associate Planner Ung provided a staff report and noted that the Environmental Impact Report (EIR) was distributed for comments twice. She discussed the comments received from the public, highlighted the alternatives, and reviewed the objectives of the project. She referenced a letter from Lois Fundenberg, Central Balboa Community Association, that expressed concern about removing the two existing gates during Phase 1 because it may create a traffic thoroughfare. She reported that, if Council finds that the public benefit of the project outweighs the temporary noise during Volume 59 - Page 476 City of Newport Beach City Council Minutes May 11, 2010 construction, she recommended that Council approve the resolutions outlined in the staff report. Council Member Gardner noted areas in the FEIR that needed more clarification and expressed concern that the City would be determining mitigation when it was the entity that prepared the EIR. She requested and received clarification from Recreation and Senior Services Director Detweiler that the community center will only be open late on Friday and Saturday nights for special events, like weddings. Harbor Resources Manager Miller noted that the number of boat slips was determined by the Harbor Commission and Council Member Webb reported that the original plan included more slips. Associate Planner Ung clarified that the height exemption is for the lighthouse feature. Mayor Curry opened the public hearing. Craig Morrissette, Central Balboa Community Association, reported that the association board supports the Marina Park plans, however, has concern about removing the two gates during Phase 1 because people may start using it as a westbound bypass road during the summer and cause stacking at 19th Street. He believed that adding signage will not solve the problem. He also expressed concern that no options can be considered if it is written into the EIR. Deputy Public Works Director Webb reported that the current plans include opening the alley during Phase 1 by removing the gates. He noted that staff has not analyzed the situation, but possible solutions could include installing speed bumps or only open one gate. City Manager Kiff indicated that Mayor Pro Tem Henn asked him to speak on his behalf, and stated that Mayor Pro Tern Henn also has concerns regarding the gates and believed that the Marina Park Committee should decide what happens to the gates, along with Public Works. He agreed that there should be some type of mitigation so the alley does not become a thoroughfare. Acting City Attorney Mulvihill noted that the gate does not environmentally affect the project. She stated that this is an operational issue and that the Public Works Department has a process when traffic control measures are required. She agreed that writing something about the gates into the FEIR may limit options in the future. Tom Billings, Protect Our Parks (POP), expressed support for the EIR, noted that the marina that POP proposed only had 12 slips that were placed offshore, and expressed hope that not many weddings will take place in the community center since the park is intended to be used for park - related activities. In response to George Wallace's questions, City Manager Kiff indicated that the park is not intended to be used to launch boats and that this can occur at Newport Dunes. Council Member Webb added that allowing launches would take up parking spaces for the trailers. Hearing no further testimony, Mayor Curry closed the public hearing. Without objection, it was the consensus of Council to determine that the disposition of the existing alley gates is an operational matter and not an environment- related issue. Motion by Council Member Selich seconded by Council Member Webb to a) adopt Resolution No. 2010 -46 certifying the Marina Park Project's FEIR (SCH. No. 2008051096), making certain Findings of Fact and Determinations thereto, and Volume 59 - Page 477 City of Newport Beach City Council Minutes May 11, 2010 adopting a Mitigation Monitoring and Reporting Program (MMRP); b) adopt Resolution No. 2010 -47 adopting a Statement of Overriding Considerations, and approving the Site Plans for Phases 1, 2, and 3 of the Marina Park Project; c) determine that the disposition of the existing alley gates is an operational matter and not an environment - related issue; and d) exempt the Marina Park Project from Title 20, Planning and Zoning, of the Newport Beach Municipal Code. Council Member Webb noted that the park will be a great asset to the City, create a new window to the Bay, and supply slips for visiting yachtsmen. He hoped that Phase 3 happens sooner than later. Mayor Curry stated that today is a historic day due to the groundbreaking of the new Civic Center and now this step to create a meaningful public amenity on the Peninsula. He indicated that Mayor Pro Tem Henn would have liked to have been here for this vote, and recognized him and all the Council Members for their hard work on this project. 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 Absent: Mayor Pro Tem Henn XVII. MOTION FOR RECONSIDERATION -None XVIII. ADJOURNMENT - Adjourned at 8:07 p.m in memory of Keith Dennis The agenda for the Regular Meeting was posted on May 5, 2010, at 4:50 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 7, 2010, at 2:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 59 - Page 478