Loading...
HomeMy WebLinkAbout11/08/2011 - Regular MeetingCity Council Minutes City Council Regular Meeting November 8, 2011 — 7:00 p.m. I. STUDY SESSION - Cancelled II. ROLL CALL FOR CLOSED SESSION - 6:00 p.m. Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Selich, Council Member Curry Excused: Council Member Daigle Council Member Daigle arrived at 5:40 p.m. III. PUBLIC COMMENTS REGARDING CLOSED SESSION - None IV. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): One (1) matter Banning Ranch Conservancy u City of Newport Beach, et al 4th District Court of Appeals Case No. G045622 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to Government Code § 54956.9(c)): One (1) matter C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Heading Agency Designated Representatives: Dave Iiif£ City Manager; Dana Smith, Assistant City Manager; Terri Cassidy, Human Resources Director; and Richard ISreisler, Special Counsel and Negotiator Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (.SNBOL); Lifeguard Management Association (LIVIA); Fire Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (I�I 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 (LABEL); Newport Beach Part -Time Unit (UPEC, Local 777) V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Selich, Council Member Curry Volume 60 - Page 283 City of Newport Beach City Council Minutes November 8, 2011 VIII. CLOSED SESSION REPORT - None IX. PLEDGE OF ALLEGIANCE - Council Member Daigle X. INVOCATION - Pastor Jeff Pries, Mariners Church XI. PRESENTATION Proclamation from the City of Huntington Beach - Huntington Beach Mayor Joe Carchio presented the City with a proclamation in appreciation of honoring former President Ronald Reagan by erecting a statue to commemorate his service to the country. Orange County Sanitation District (OCSD) Presentation Regarding the Ocean Outfall Project - Jim Herberg, OCSD Assistant General Manager, and Pamela Kester, OCSD Project Manager, provided a PowerPoint presentation to explain what the Ocean Outfall Repair Project means to the City and how they plan to mitigate the impacts. XII. NOTICE TO THE PUBLIC XIII. 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 discussed the Rhine Channel Dredging Project and announced that the U.S. Army Corps of Engineers selected a company affiliated with the Rhine Channel Dredging Project to conduct the Lower Bay Dredging Project. She also discussed the need for improving transparency and improving how contracts are organized and accessed. In response to Council Member Daigle's question, City Manager Kiff indicated that he will provide Council with information regarding the consultant's assessment of the City's economic development situation. Council Member Curry announced that he attended the grand opening of Vineyard Vines at Fashion Island and the Gift of History Event at Anaheim Stadium. He expressed his frustration relative to the vandalism of the Ronald Reagan Memorial and requested that a $5,000 reward be created to catch the perpetrator. Council Member Rosansky discussed the Coastal Commission decision regarding Sunset Ridge Park. Mayor Pro Tern Gardner announced that, on November 9 at 6:00 p.m., the Harbor Commission will be considering whether to move the public dock at the Balboa Marina. She indicated that the issue would then go to the Tidelands Committee. Regarding the $5,000 reward, she suggested that the money come another source other than the General Fund. Mayor Henn announced that he attended the Exchange Club's charity movie opening of Anonymous at the Lido Theater on October 27; the Orange County Metropolitan Water District's elected officials presentation on November 3; and St. James Church's 70th Anniversary celebration on November 3. He reported that the Neighborhood Revitalization Committee meeting will be held on November 10 at 4:00 p.m. in the Council Chambers; the Balboa Village Citizens Advisory Panel (CAP) meeting will take place on November 15 at 4:00 p.m. at the ExplorOcean Nautical Museum; and the Tidelands Committee meeting will be held on November 16 at 4:00 p.m. at the OASIS Senior Center. XIV. CONSENT CALENDAR A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS Volume 60 - Page 284 City of Newport Beach City Council Minutes November 8, 2011 1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF OCTOBER 25, 2011. [100 -20111 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 pursuant to Charter Section 412. B. CONTRACTS AND AGREEMENTS 3. 2011 -2012 SIDEWALK, CURB AND GUTTER REPLACEMENT - AWARD OF CONTRACT (C- 4850). [381100 -2011] a) Approve the project drawings and specifications; b) award Contract No. 4850 to Grigolla & Sons Construction Company, Inc., for the total bid price of $433,950, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $51,000 (120/x) to cover the cost of unforeseen work not included in the original contract; and d) approve Budget Amendment No. 12BA -015 transferring $40,000 in project savings from the 2010 Slurry Seal project (Account No. 7013- C2001011) to Account No. 7013 - C2001009 (Sidewalk Curb and Gutter Replacement). 4. 2010 -2011 OCEAN PIERS MAINTENANCE - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4682. [381100 -20111 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. BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3802. [381100 -20111 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. 6. 2010 -2011 CITY WIDE SLURRY SEAL - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4604. [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. CENTRAL BALBOA WATER AND SEWER IMPROVEMENTS - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4067. [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; c) release the Faithful Performance Bond one year after Council acceptance; and d) approve Budget Amendment No. 12BA -016 transferring $133,201.26 from Account No. 7541- C7001002 to Account No. 7531- C6002004 for increased sewer costs. 8. WASTEWATER PUMP STATION REHABILITATION - NOTICE OF Volume 60 - Page 285 City of Newport Beach City Council Minutes November S, 2011 COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3804. [381100- 20111 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. C. MISCELLANEOUS 10. PLANNING COMMISSION STUDY SESSION AND REGULAR MEETING AGENDAS FOR NOVEMBER 3, 2011. [100 -20111 Receive and file agendas. 11. APPOINTMENT BY MAYOR OF AD HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS FOR THE CITY S REPRESENTATIVE TO THE VISIT NEWPORT BEACH EXECUTIVE COMMITTEE AND THE SPECIAL EVENTS ADVISORY COMMITTEE, AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL RELATIVE TO THE APPOINTMENTS. [241100 -20111 Confirm the Mayor's appointment of Mayor Michael Henn, Mayor Pro Tern Nancy Gardner, and Council Member Hill to serve on the Ad Hoc Appointments Committee to review applications for the City's representative to the Visit Newport Beach Executive Committee and the Special Events Advisory Committee, and make recommendations to the full City Council relative to the appointments. 13. CITY COUNCIL REDISTRICTING. [331100 -20111 On the advice of the Office of the City Attorney, staff is recommending that this item be removed fi•om the Consent Calendar and that the ordinance be reintroduced at a public hearing on November 22. 20 11. Motion by Mayor Pro Tern Gardner, seconded by Council Member Rosanskv to approve the Consent Calendar, except for the items removed (9 and 12) 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 XV. ITEMS REMOVED FROM THE CONSENT CALENDAR 9. OCEAN FRONT STREET END AND ALLEY REPLACEMENT - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4316. [381100 -20111 In response to Council Member Daigle's questions, Public Works Director Badum explained how different projects are coordinated in order to save money and to eliminate the need to conduct work twice, such as alley replacement and waterline work. Public Works Director Badum confirmed for Mayor Henn that the cost of the alley work was prorated amongst the various projects. Motion by Council Member Currv, seconded by Council Member Rosanskv to 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. The motion carried by the following roll call vote Volume 60 - Page 286 City of Newport Beach City Council Minutes November 8, 2011 Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem. Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle 12. CULTURAL ARTS GRANTS FOR FISCAL YEAR 2011/12. [100 -2011] In response to Council Member Daigle's questions, Robyn Grant, Chair of the City Arts Commission, explained the methodology the City Arts Commission used in determining the amounts for the Cultural Arts Grants and why the Newport Beach Film Festival was granted $6,000, noting that they requested more than $6,000. Council Member Curry commended the Newport Beach Film Festival for the quality of their programs. Motion by Council Member Rosanskv, seconded by Council Member Hill to approve recommended recipients for FY 2011/12 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Council Policy I -10 - Financial Support for Culture and the Arts. Council Member Daigle reported that she will not be supporting the motion because she would like to see a more consolidated approach relative to how money is being awarded. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Selich, Council Member Curry Noes: Council Member Daigle XVI. PUBLIC COMMENTS Assemblyman Don Wagner reported that the Assembly is out of session until January 2012 and requested that the City forward him any specific issues that he could assist the City with. He expressed his pledge to serve the citizens of Newport Beach diligently and vigorously. Alicia Koberstein requested that the City adopt an ordinance that bans the retail sale of companion animals in the City. Kelly Sawyer expressed hope that the City takes a stand against vandalism on public property and an aggressive stance against the retail sale of puppy mill dogs. Erle Halliburton asked that Council inform residents about how they can contribute toward the Ronald Reagan Memorial reward. He stated that he supports I Heart Puppies and has been a customer, and encouraged Council to visit the facility. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported on the activities of the Aviation Committee, particularly as it relates to the Federal Aviation Administration (FAA) and John Wayne Airport's (JWA) new departure procedure (STREL), and the County Board of Supervisors incentive for international flights to and from Mexico. She stated that the Aviation Committee update is prepared and distributed by the City and is available on the City's webpage. Council Member Curry reported that the Finance Committee met on Monday and discussed revenues, pension costs, and a potential refunding of the debt associated with the Bonita Canyon Community Facilities District (CFD). Council Member Selich reported that the West Newport CAP will meet on November 9 at 4:00 p.m. Volume 60 - Page 287 City of Newport Beach City Council Minutes November 8, 2011 in the Council Chambers to review proposed area landscape concepts. He noted that the proposals are also posted on the City's webpage. Council Member Hill stated that the Lido Village CAP met for its final meeting on October 27 and completed the design guidelines for Lido Plaza. He announced that the design guidelines will go to the Neighborhood Revitalization Committee on November 10 at 4:00 p.m. in the Council Chambers and then a recommendation will be brought before the City Council. Mayor Henn announced that the Balboa Village CAP met on October 26 to discuss a vision statement for Balboa Village. He stated that they also looked at the improvements and goals that were set during Project 2000, and reported that some of the 2000 goals will also be considered going forward. He indicated that the immediate focus will be on parking. Mayor Henn reported that the CAP invited all Balboa Village property owners to a meeting on November 3. He indicated that they received good input from the property owners that did attend, but will try to conduct another meeting so that more property owners can provide input. XVIII. PUBLIC HEARINGS 14. TRANSFER OF DEVELOPMENT RIGHTS IN NORTH NEWPORT CENTER PLANNED COMMUNITY (PA2011 -159). [100 -2011] Community Development Director Brandt reported that the public hearing is to consider an application by The Irvine Company (TIC) to move unbuilt development potential in Newport Center. Assistant Planner Nueno utilized a PowerPoint presentation to discuss the transfer. She reported that transfers are allowed as long as it is trip neutral, and complies with the General Plan. She noted that the traffic analysis showed that there would be a reduction of 83 peak trips. In response to Mayor Pro Tern Gardner's questions, Dan Miller, representing TIC, discussed the parking issue in the area and reported that office use in Block 500 makes more sense for that part of North Newport Center. He announced that TIC is moving forward with the final design and anticipates pulling permits later next year. In response to Council Member Sefich's questions, Community Development Director Brandt confirmed that this is a transfer of development rights because TIC has a Development Agreement with the City, and not a transfer of development intensity. She added that this is a vested development right that TIC has. Mayor Henn opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Selich, seconded by Council Member Curry to adopt Resolution No. 2011 -102 approving the following: 1) transfer of development rights within the North Newport Center Planned Community (PC -56) of 288,975 square feet of general office intensity to Block 500 from San Joaquin Plaza (241,711 square feet) and Block 600 (47,264 square feet), and 2) the relocation of 430 unbuilt residential units from Block 500 to San Joaquin Plaza. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle 15. APPROVAL OF MASTER FEE SCHEDULE AND CHANGE IN SUBSIDIES. [100- 2011] Volume 60 - Page 288 City of Newport Beach City Council Minutes November 8, 2011 Motion by Council Member Currv. seconded by Council Member Selich to continue the item to the City Council meeting of November 22, 2011. 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 XDI. CURRENT BUSINESS 16. QUARTERLY BUSINESS REPORT (QBR) UPDATE. 1100 -20111 City Manager Kiff highlighted the financial, investment, and pension sections of the QBR, and noted that the Finance Committee has vetted the document. He stated that the section for Boards, Commissions, and Committees discusses what each of them are working on, and reported that the last section of the QBR discusses current City projects. He emphasized that the City is looking into better ways of doing business and discussed potential Request for Proposal (RFP) opportunities, both with other cities and internally. He ensured Council that he will find an easily accessible location on the City's webpage to locate the QBRs. Regarding the City's issuance of a refuse collection RFP, Council Member Daigle suggested that, if the City uses a consultant to review the RFPs, the City request that the consultant identify their recent client cities and which hauler was selected. Mayor Henn stated that the QBR is a valuable document and that he encourages all of the homeowner associations in his District to read it. He noted that the term for the City Council Ad Hoc Committee on Group Residential Uses and Code Enforcement has expired. City Manager Kiff indicated that staff will bring back an amendment. XX. MOTION FOR RECONSIDERATION - None XXI. ADJOURNMENT - 8:28 p.m. The agenda for the Regular Meeting was posted on November 8, 2011, at 2:60 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording &�6L Mayor Volume 60 - Page 289