HomeMy WebLinkAbout10/11/2011 - Regular MeetingCity Council Minutes
City Council Regular Meeting
October 11, 2011 — 7:00 p.m.
I. STUDY SESSION - 5:00 p.m.
II. CLOSED SESSION - 6:16 p.m.
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code § 54956.9(a)): One Matter:
1. Catanzarite u. City of Newport Beach, et al., Orange County Superior Court
Case No. 30- 2009 - 00332874
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Initiation of litigation pursuant to Government Code § 54956.9(c)): One matter.
C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6):
Heading Agency Designated Representatives: Dave Kiff, City Manager; Dana
Smith, Assistant City Manager; Terri Cassidy, Human Resources Director; and Richard
Kreisler, Special Counsel and Negotiator
Employee Organizations: All Labor Associations: Association of Newport Beach
Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Fire Beach Fire
Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA);
Police Management Association (PMA); Police Employees' Association (PEA); and Fire
Management Association (FMA); City Employees Association (NBCEA); Newport Beach
Professional & Technical Employees Association (NBPTEA); Newport Beach Employees
League (NBEL); Newport Beach Part -Time Unit (UPEC, Local 777)
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
VI. CLOSED SESSION REPORT
City Attorney Harp announced that there were no reportable actions taken.
VII. PLEDGE OF ALLEGIANCE - Council Member Selich
VIII. INVOCATION - Father Kerry Beaulieu, Our Lady Queen of Angels Church
D{. PRESENTATION
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Proclamation Proclaiming October as Irvine Ranch Natural Landmarks Month
Mayor Henn presented the proclamation to Michael O'Connell, Irvine Ranch Conservancy
Executive Director, who expressed appreciation for and accepted the proclamation on behalf of
the entire partnership of governments, non - profit organizations, and private individuals working
to take care of the Irvine Ranch Natural Landmarks. He referenced special programs and
activities in commemoration of the Irvine Ranch Natural Landmarks Month.
Council Member Curry stated that he was privileged to be present at the dedication of the
Natural Landmark and to be involved in the facilitation of the donation of 20,000 acres and
congratulated the organization.
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)
Mayor Pro Tern Gardner reported attending the Newport Beach Restaurant Association's Annual
Luncheon and commented positively on the use of technology in helping them to succeed.
Council Member Daigle commented on items on the agenda relative to Harbor dredging,, stated
that there are still many challenges, and noted the progress that has been made. Additionally,
she commented on a recent appeal relative to Pizzeria Mazzo on Coast Highway.
Council Member Curry reported attending the dedication of the Ronald Reagan Memorial at
Bonita Canyon Park, noting attendance by government dignitaries. He thanked donors and
encouraged residents to visit the memorial. He also announced his return from retirement as
Director of the Center for Public Policy at Concordia University.
Mayor Henn expressed appreciation to Council Member Curry for helping make the Reagan
Memorial a reality. He reported that he participated in a recent photo opportunity with the
visiting exchange students from Okazaki, Japan, he attended the Anatolian Celebration at the
Orange County Fairgrounds, and attended the Neighborhood Revitalization Committee meeting
in which they discussed design guidelines for the Lido Village Project. He announced that the
Tidelands Management Committee will meet on October 19 at the OASIS Senior Center; there
will be a Meet - the -Mayor session at 9:00 a.m. on October 22 at the Mariner's Library Teen
Center; a Newport Harbor Nautical Museum ExplorOcean event will take place on October 22 at
7:00 p.m.; and a Newport Beach Chamber of Commerce Economic Forecast Forum will be held at
the Island Hotel on October 26 at a cost of $35 for Chamber Members and $45 for non- Chamber
Members.
In response to Mayor Henn's question, City Attorney Harp stated that abatement actions against
Yellowstone and Pacific Shores for violations of the Municipal Code and a cross - complaint against
Morningside Recovery seeking to abate violations of the Municipal Code on various properties
throughout the City have both been filed by the City.
XII. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS
OF SEPTEMBER 27, 2011. Waive reading of subject minutes, approve as
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amended, 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 pursuant to Charter Section 412.
B. RESOLUTION FOR ADOPTION
3. APPROVE RESOLUTION. NO. 2011 -95 TO ESTABLISH PERMANENT
PARKING RESTRICTIONS ON CENTRAL AVENUE FOR LIDO MARINA
FARMER'S MARKET. [100 -2011] Adopt Resolution No. 2011 -95 to establish
"No Parking -Tow Away" restrictions for seven parking meter - controlled spots on
Central Avenue from 7:00 a.m. to 4:00 p.m., Sundays, during the Lido Marina
Farmer's Market.
C. CONTRACTS AND AGREEMENTS
4. ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT
PROJECT - NOTICE OF COMPLETION AND ACCEPTANCE OF
CONTRACT NO. 4775. [381100 -2011] 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.
5. SEISMIC RETROFIT OF SAN DIEGO CREEK BRIDGES AND
GOLDENROD PEDESTRIAN OVERCROSSING - NOTICE OF
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3531..[38/100-
2011] 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.
APPROVE FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT
WITH THE PORT OF LONG BEACH (POLB) FOR THE LOWER BAY
DREDGING PROJECT (C- 4825). [381100 -2011] a) Approve and execute the
First Amendment to the Memorandum of Agreement with the POLB to dispose of
the sediments from the Lower Bay Dredging Project; and b) authorize the City
Manager or his designee to execute any future agreements related to the Lower
Bay Dredging Project to ensure the City meets the strict project schedule
imposed by the POLB.
8. ACQUISITION OF RULE 20A CREDITS FROM THE CITY OF MISSION
VIEJO (C- 4977). [381100 -2011] a) Authorize the City Manager to execute the
Memorandum of Understanding (MOU) between the City of Newport Beach and
the City of Mission Viejo documenting details of transaction for the acquisition of
Rule 20A Credits and to provide the City of Newport Beach priority to acquire
additional Rule 20A credits from the City of Mission Viejo, as it becomes
available, at a purchase rate of 880.50 on the dollar; and b) authorize staff to
process the Rule 20A credit transfer between the City of Newport Beach and the
City of Mission Viejo with Southern California Edison (SCE).
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9. APPROVAL OF AMENDMENT NO. 4 WITH RBF CONSULTING (RBF)
FOR JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73
(C- 3724). [381100 -2011] a) Approve Budget Amendment No. 12BA -011
appropriating $84,972.00 from the unappropriated Transportation and
Circulation fund balance to project account number 7261- C5100784; and b)
approve Amendment No. 4 with RBF for additional construction support services
for the Jamboree Road Bridge Widening Over State Route 73 Project (C- 3724).
10. REPLACEMENT OF MOBILE VIDEO SYSTEM IN POLICE
DEPARTMENT PATROL VEHICLE FLEET (C- 4973). [381100 -2011] a)
Approve a total expenditure of $480,319.91 to replace the mobile video system
currently in the Police Department's patrol vehicle fleet, and authorize the
Mayor to execute on behalf of the City the Purchase and Installation Agreement
with L3 Communications Mobile Vision, Inc.; and b) approve Budget Amendment
No. 12BA -012 appropriating $480,319.91 from the Police Equipment Internal
Service Fund unappropriated fund balance to the Police Vehicle Equipment
Account 6150 -9300. This expenditure includes the equipment ($454,258.85), all
sales taxes ($23,861.06), and shipping and delivery costs ($2,200.00).
11. BALBOA THEATER POTENTIAL LEASE AMENDMENTS (C- 3248).
[381100 -20111 Continue the item to the October 25, 2011 meeting.
12. APPROVAL OF PROFESSIONAL- SERVICES AGREEMENT
AMENDMENT NO. 3 WITH VAN SCOYOC ASSOCIATES FOR U.S. ARMY
CORPS - RELATED PROJECTS (C -4032) AND APPROVAL OF A BUDGET
AMENDMENT. [381100 -20111 a) Authorize the City Manager to enter into
Professional Services Agreement Amendment No. 3 for up to $48,000 with Van
Scoyoc Associates to advocate for U.S. Army Corps- related projects, including
Lower Newport Bay and the Seminouk Slough; and b) approve Budget
Amendment No. 12BA -014 relating to appropriating $48,000 for this effort.
D. MISCELLANEOUS
15. ACCEPT THE 2010 EMERGENCY MANAGEMENT PERFORMANCE
GRANT (EMPG) (C- 4982). [381100 -20111 a) Accept the 2010 Emergency
Management Performance reimbursement grant for $12,000 in funding for
maintaining the City's emergency management program; and b) approve Budget
Amendment No. 12BA -013 increasing revenue estimates by $12,000 in 2355-
4896, and appropriating those funds into Fire Department account 2355- 82008.
16. AMEND CITY COUNCIL POLICY G -1 (RETENTION OR REMOVAL OF
CITY TREES) TO REQUIRE 36" BOX TREES - REFORESTATION. [100-
20111 Approve the amendment to City Council Policy G -1 requiring the planting
of a minimum 36" box tree upon approval of a reforestation application. Approve
the amendment to City Council Policy G -1 requiring the planting of a minimum
36" box tree upon approval of a reforestation application.
S21. WAIVER OF COUNCIL POLICY G -1: CERTAIN BLUE GUM
EUCALYPTUS IN CORONA DEL MAR. [100 -2011] a) In the event that a
quorum of the Parks, Beaches, and Recreation Commission cannot be established
on Thursday, October 13, 2011, waive Council Policy G -1 for Blue Gum
Eucalyptus in Corona del Mar where an arborist has completed his review of
these trees as of October 10, 2011; and b) notice and hold a public workshop in
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the evening on Thursday, October 13, 2011, at the OASIS Evelyn Hart Events
Center to discuss the removal and replacement of problem Blue Gum Eucalyptus
in Corona del Mar.
Motion by Mavor Pro Tem Gardner, seconded by Council Member Rosansky to approve
the Consent Calendar, except for the items removed ('r, 13 and 14); and noting the amendments
to Items 1 and 3.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn,
Council Member Selich, Council Member Curry, Council Member Daigle
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
7. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
NETHERLAND, SEWELL & ASSOCIATES, INC., FOR WEST NEWPORT OIL
FIELD REVIEW, EVALUATION AND MODIFICATION PROGRAM (C- 4861).
[381100 -20111
Dan Purcell encouraged Council to place emphasis on some of the risks involved and
asked Council to direct consultants to provide a presentation to the Coastal/Bay Water
Quality Citizens Advisory Committee.
Motion by Mayor Pro Tem Gardner, seconded by Council Member Hill to approve
a Professional Services Agreement with Netherland, Sewell & Associates, Inc. (NSAI) of
Dallas, Texas, at a cost not to exceed $160,000, and authorize the Mayor and City Clerk
to execute the Agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
13. APPROVAL OF AMENDMENT NO. ONE TO THE CONTRACT WITH
ALEXANDER CONTRACT SERVICES, INC. (ALEXANDER) TO PROVIDE CITY-
WIDE WATER METER READING SERVICES (C- 4545). [381100 -2011]
In response to Mr. Mosher's question, Municipal Operations Director Harmon reported
that two Alexander technicians will be needed to read the remaining half of the water
meters and discussed possible staffing changes in Municipal Operations.
Motion by Council Member Curry, seconded by Council Member Rosansky to
approve Amendment No. 1 to the agreement with Alexander expanding contract water
meter services to all residential accounts.
The motion carried by the following roll. call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
14. COST SHARING TO DREDGE THE AMERICAN LEGION'S MARINA. [100 -20111
In response to Mayor Pro Tem Gardner's question, City Manager Kiff reported that the
agreement is not binding and referenced a letter from the City in which the City is not
pledging to complete the repairs to the seawall within seven years, but rather study it.
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Council Member Daigle expressed support for the removal of contamination from the
marina.
Motion by Mayor Pro Tem Gardner, seconded by Council Member Rosanskv to
affirm the City Manager's decision to contribute 50% of the dredging costs to dredge the
American Legion's marina.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
XIV. PUBLIC COMMENTS
Andrew Gabell provided a handout for Council regarding his new company, Skip Bank
Productions, where he produces digital content of city events throughout Southern California. He
offered his services and encouraged Council to visit his website.
Steve Ray, Banning Ranch Conservancy, referenced a project coming before the California
Coastal Commission and stated that the Banning Ranch Conservancy supports having a park on
Sunset Ridge, but takes issue with the proposed access road. He presented an olive branch to
City Manager Miff representing the Conservancy's willingness to work with the City, and
encouraged Council to contact him by noon on October 17 to accept the offer to work together to
resolve this issue.
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Henn reported attending the Lido Village Open House and Business Meeting of the
Citizens Advisory Panel on October 5 regarding the Lido Village design guidelines. He noted that
it was well attended and commented positively on Council Member Hill's involvement.
XVI. PUBLIC HEARINGS
17. FLETCHER JONES VEHICLE STORAGE FACILITY (PA2011 -076). [100 -2011]
Assistant Planner Nova provided a PowerPoint presentation to discuss the project
location, land use, the previously permitted use, existing conditions, minor landscape
modification requirements, and the revised project.
Mayor Pro Tem Gardner referred to the facility as a parking lot and spoke in opposition
of eliminating the on -site landscape requirements.
Council Member Hill believed that the facility is a vehicle storage lot, not a parking lot.
He spoke in favor of eliminating the on -site landscape requirements in order to allow the
maximum number of storage space.
Council discussed the benefits of trees versus more storage space.
Vicki Fetterman from Government Solutions, representing the applicant, explained other
issues related to the trees including sap, foliage, and bird droppings that would not
support the vehicle storage facility.
Council Member Daigle received clarification that trees will not be removed
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Motion by Council Member Daigle, seconded by Council Member Curry to a)
introduce Ordinance No. 2011 -24 approving Planned Development Amendment No.
PD2011 -002, and pass to second reading on October 25, 2011; and b) adopt Resolution
No. 2011 -96 approving Conditional Use Permit No. UP2011 -024 and Modification Permit
No. MD2011 -012, subject to the findings and conditions of approval.
Council Member Rosansky suggested that Fletcher Jones donate 100 trees to be planted
elsewhere in the City.
Mayor Henn opened the public hearing.
Stephanie Barger spoke in support of greener cities and suggested Fletcher Jones cover
the stored cars.
Hearing no further testimony, Mayor Henn closed the public hearing.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Henn, Council Member
Selich, Council Member Curry, Council Member Daigle
Noes: Mayor Pro Tem Gardner
18. CITY COUNCIL REDISTRICTING. [331100 -20111
Planning Manager Alford provided a recap of the current and proposed maps, noting the
changes are recommended in order to restore a population balance within the Districts.
Mayor Pro Tem Gardner commented positively on the process.
Council Member Daigle requested and received population numbers of specific areas from
Planning Systems Administrator Campagnolo.
Motion by Council Member Curry, seconded by Mayor Pro Tem Gardner to
initiate an ordinance to adopt the City Council Redistricting Committee's
recommendation and set for a public hearing on October 25, 2011.
Mayor Henn opened the public hearing. Hearing no testimony, he closed the
public hearing.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
19. ANNUAL REVIEW OF THE ZONING IMPLEMENTATION AND PUBLIC
BENEFIT AGREEMENT FOR SOBER LIVING BY THE SEA, INC. ( SLBTS)
(PA2010 -150). [681100 -20111
Associate Planner Brown provided a PowerPoint presentation addressing the SLBTS
Villa Way Facility, the proposed parking lot, previous actions by Council, unwillingness
of the parking lot property owner to meet with SLBTS to resolve issues related to
environmental cleanup at the site, and inability of SLBTS to obtain authorization to
complete construction. She reported that SLBTS subsequently informed staff that they
had reached an agreement to lease 13 parking spaces on an alternative lot on a month -to-
month basis for an unlimited time. She discussed the location of the alternative lot and
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the. possibility of identifying other off -site parking arrangements or opportunities for use
by SLBTS on a more permanent, long -term basis. She added that in the meantime, the
alternative lot meets the intent of the zoning agreement. She stated that she reviewed
the terms of the agreement, inspections by Code Enforcement, complaints received, and
actions by SLBTS to address the complaints, and reported the next review will occur in
July, 2012.
Discussion ensued relative to the July annual review, use of the parking lot by others,
and exclusive use of spaces by SLBTS.
Mayor Henn opened the public hearing.
Richard Terzian, counsel for Sober Living by the Sea, expressed support for staffs report
and recommendations.
In response to Mayor Henn's question, he indicated that he will make sure that SLBTS
has exclusive rights to the parking spaces.
Hearing no further testimony, Mayor Henn closed the public hearing.
Motion by Mayor Pro Tem Gardner, seconded by Council Member Rosanskv to
a) find that SLBTS has demonstrated good faith compliance with the terms of the Zoning
Agreement; and b) receive and file documents submitted by SLBTS to demonstrate good
faith compliance with the terms of the Zoning Agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayon
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
XVII. CURRENT BUSINESS
20. ADDITIONAL DIRECTION - BAN ON PLASTIC BAGS. [100 -2011]
Mayor Pro Tem Gardner reported that the item is being presented at the request of
Newport Harbor High School students who approached the Environmental Quality
Affairs Committee (EQAC) for consideration. She provided her reasons for the
recommendation that the issue be referred to EQAC.
Mayor Henn agreed with the recommendation and suggested that it be placed as a
second agenda item at an already scheduled meeting so that additional staff time and
resources are not used.
Council Member Selich indicated he would be opposing the issue as it would take
additional staff time.
Council Member Curry applauded the efforts of the students but spoke in opposition of
the issue.
Council Member Daigle believed that the impacts must be considered and listed other
Council priorities.
Council Member Hill expressed opposition to the matter
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Stephanie Barger, Resource Foundation and founding member of the Clean Seas
Coalition, reported having all the resources necessary to present the issue without using
a lot of staff time. She reported that Jenny Ramer, attorney with plasticbaglaws.org, has
developed a helpful memorandum and is willing to work with staff or EQAC. Ms. Barger
reported that the ban is not on all plastic bags, noted that the students will not go away,
listed involved organizations, and listed options for collecting dog waste.
Following discussion, it was the consensus of Council to not recommend that the issue of
banning plastic bags in the City be brought to the Environmental Quality Affairs
Committee (EQAC).
XVIII. MOTION FOR RECONSIDERATION - None
XIX. ADJOURNMENT - 8:20 p.m.
The agenda for the Regular Meeting was posted on October 6, 2011, at 2:45 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 7,
2011, at 3:50 p.m. on the City Hall Bulletin Board located outside of the City of Newport
Beach Administration Building.
City Clerk
kowi ; hLz-
Recording Secretary
Mayor
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