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Home My WebLink About12/09/2008 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting December 9, 2008 — 7:00 p.m. I. STU Y SESSION - 4:00 p.m. II. CLOSED SESSION - 5:25 p.m. III. RECES S IV. RECONVENED AT 700 P.M. FOREEGULAR MEETING V. ROLL CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner VI. CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIANCE - Council Member Curry VIII. INVOCATION - Rabbi Marc Rubenstein, Temple Isaiah DL PRESENTATIONS Proclamation in Support of "A Day Without a Bag" on December 18 . Mayor Selich read the proclamation and presented it to Stephanie Varga, Executive Director of Earth Resource Foundation. Presentation by the Local Agency Formation Commission ( LAFCO) - Joyce Cross, Executive Officer of LAFCO, introduced herself and Bob Aldridge, Assistant Executive Officer. She discussed the service review process and stated that LAFCO is working with City staff to ensure the smooth annexation of Banning Ranch and the Emerson Tract. X. REORGANIZATION A. CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS. Motion by Council Member Webb to adopt Resolution No. 2008.100 declaring the results of the General Municipal Election held on November 4, 2008. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner B. ADMINISTRATION OF OATH OF OFFICE. City Clerk Brown called newly re- elected Council Members Selich, Rosansky, and Curry forward. She then administered the Oath of Office prescribed in the State Constitution to the elected officials and presented a Certificate of Election to each Council Member. Volume 59 - Page 36 City of Newport Beach City Council Minutes December 9, 2008 The newly re- elected Council Members were seated at the Council dais. C. ELECTION OF MAYOR. City Clerk Brown, in presiding, placed all members of the Council on an equal basis to nominate and elect. Council Member Gardner nominated Council Member Selich for Mayor. Motion by Council Member Webb to close the nominations for Mayor. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Council Member Daigle, Council Member Selich, Council Member Webb, Council Member Curry, Council Member Gardner D. ELECTION OF MAYOR PRO TEM. The Mayor, in presiding, placed all members of the Council on an equal basis to nominate and elect. Council Member Rosansky nominated Council Member Curry for Mayor Pro Tem. Motion by Council Member Webb to close nominations and vote for Mayor Pro Tem. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Council Member Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner E. SEATING ARRANGEMENTS FOR CITY COUNCIL. The Council Members decided on the seating arrangement for the Council dais, with the senior Council Members having first preference. The following seating order was determined (left to right): Henn - Rosansky - Curry - Selicb - Webb - Gardner - Daigle F. REMARKS. Mayor Selich thanked the residents, his City Council colleagues, and his family for their support. He stated that he did not take running unopposed for granted and reviewed the 2007 -2008 City accomplishments. Mayor Pro Tem Curry thanked his Council colleagues and congratulated newly re- elected Mayor Selich and Council Member Rosansky. He also thanked the voters and his family for their support. He believed that the City is on the right track with its vision for the community and highlighted Council accomplishments. Council. Member Rosansky stated that he is looking forward to the next four years and thanked his family and the residents for their support. Council Member Daigle stated that she is proud to be an elected official in the City and what this City Council has accomplished. She added that she will gladly do her part to Volume 59 - Page 37 City of Newport Beach City Council Minutes December 9, 2008 change the City for the better. XI. NOTICE TO THE.P.UBLIC XII. CITY, -COUNCIL _ANNOUNCEMENTS OR MATTERS. WHICH COUNCIL MEMBERS WOULD LIKE PLACED_ ON A FUTURE AGENDA FOR _DISCUSSION. ACTION OR REPORTANON_DISCUSSION ITEM): Council Member Webb indicated that the City has selected a new City Attorney and that the contract is on the agenda for approval tonight. Council Member Henn reported that he is hosting a public outreach meeting on Wednesday, December 10, at 6:00 p.m, in the Council Chambers to discuss boardwalk safety. Council Member Rosansky requested a report for the January 13 meeting relative to how the OASIS Senior Center project will be funded and a report for a future meeting to discuss how the City is going to approach the economic crisis. Council Member Curry commended the Recreation and Senior Services Department for Winter Wonderland and the Corona del Mar Chamber of Commerce for the Christmas Walk. Mayor Selich announced that the City Clerk's Office is collecting toys, DVDs, gift cards, and money for Operation Christmas until Friday, December 19. XIII. CENT CALENDAR A. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING OF NOVEMBER 25, 2008. 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. B. RESOLUTIONS FOR ADOPTION 3. RESCIND RESOLUTION NO. 2008 -93; ADOPT RESOLUTION NO. 2008- 101 ELIMINATING AND SUNSETTING EIGHT PREVIOUSLY ESTABLISHED COMMITTEES. 1100 -20081 a) Rescind Resolution No. 2008 -23 which eliminated nine committees, including the Newport Coast Advisory Committee (NCAC); b) adopt Resolution No. 2008 -101 eliminating eight committees; and c) direct staff to return to Council at a future date with suggestions to refocus the NCAC's role and meeting schedule. 4. PROPOSITION 1B LOCAL STREETS AND ROADS FUNDING PLAN FOR 2008 -2009 ALLOCATION. [100 -20081 Adopt Resolution No. 2008 -102 authorizing the submittal of a funding proposal to the Department of Finance for the FY 2008 -2009 allocation of Proposition 1B - Local Streets And Roads Improvement, Congestion Relief, and Traffic Safety Account Funds. C. CONTRACTS AND AGREEMENTS 6. RECOMMENDATION TO RENEW THE PROFESSIONAL SERVICES AGREEMENT WITH ATTORNEY THOMAS C. EDWARDS REGARDING Volume 59 - Page 38 City of Newport Beach City Council Minutes December 9, 2008 AIRPORT ISSUES CONSULTING UNDER THE SAME CONDITIONS OF THE CURRENT CONTRACT FOR THE 2009 YEAR (C- 4038). [381100 -20081 Authorize the City Manager to enter into a new agreement with Thomas C. Edwards under the same conditions, but for the complete year. 7. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DENNIS DANNER UPON HIS RETIREMENT FOR A CONTINUATION OF FINANCIAL AND MANAGEMENT SERVICES FOR A NOT TO EXCEED TWELVE MONTHS DURATION (C- 4130). 138/100 -20081 Authorize the City Manager to enter into the professional services contract with Mr. Danner. 8. 2008-09 TRAFFIC SIGNAL REHABILITATION (C -4102) - AWARD OF CONTRACT. [381100 -20081 a) Approve the project plans and specifications; b) award C -4102 to TDS Engineering for the total bid price of $208,127, and authorize the Mayor and City clerk to execute the contract; and c) establish an amount of $30,000 to cover the cost of unforeseen work. 10. EAST BAY AVENUE AND "A" STREET IMPROVEMENTS (C -3955) - COMPLETION AND ACCEPTANCE. [381100 -20081 a) Accept the completed work; b) authorize the City Clerk to file a Notice of Completion; c) 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 d) release the Faithful Performance Bond one year after Council acceptance. 11. EXTENSION OF PROFESSIONAL SERVICES AGREEMENT (C -3997) FOR CONSULTING, PLANNING AND ADVOCACY SERVICES FOR THE LOCAL COASTAL PROGRAM (LCP). 1381100 -20081 Authorize the City Manager to execute an amendment to the Professional Services Agreement with D.B. Neish, Inc. extending the term to May 30, 2009. D. MISCELLANEOUS 12. ACCEPT FIREMAN'S FUND GRANT. 1100 -20081 a) Accept the Fireman's Fund Heritage Reward Grant in the amount of $25,000 ($20,000 will be used to purchase two Thermal Imaging Cameras and $5,000 will be used towards the purchase of a CERT vehicle); b) approve a sole source contract with AllStar Fire Equipment Inc. for an amount not to exceed $20,000 for the Thermal Imaging Cameras; and c) approve budget amendment (09BA -031) increasing revenue estimates by $25,000 in 2320 -4914 and appropriating those funds into Fire Department account 2320 - 82007. Approve motion by Mayor Pro Tern Curry to approve the Consent Calendar, except for the items removed (5, 9, 13 and 14). The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. OASIS ("OLDER ADULT SOCIAL AND INFORMATION SERVICES") SENIOR CENTER - 800 AND 801 MARGUERITE AVENUE - DETERMINATION OF EXEMPTION FROM ZONING AND DEVELOPMENT REGULATIONS (PA2008- Volume 59 - Page 39 City of Newport Beach City Council Minutes December 9, 2008 109) AND ADOPTION OF THE MITIGATED NEGATIVE DECLARATION (MND). [100 -20081 Dolores Otting believed that this item should have been a public hearing item, expressed concern that a budget has not been finalized for the project, and suggested postponing taking action on this item. Dick Nichols noted that the Mitigated Negative Declaration (MND) is a lengthy document, expressed concern about the placement of the facility on the site, and suggested that more discussion occur and that this item come back at a later date. Motion by Council Member Rosansky to a) exempt the OASIS Senior Center project from the zoning and development regulations of the Newport Beach Municipal Code; and b) adopt Resolution No. 2008 -103 approving the Mitigated Negative Declaration (MND) and the Mitigation Monitoring and Reporting Program (MMRP) on the basis of the entire environmental review record. City Manager Bludau emphasized that Council is not approving the project and reviewed the recommendations. City Attorney Clauson noted that Council discussed the project description at a study session and directed staff to proceed with the environmental documents according to the California Environmental Quality Act (CEQA). She confirmed that the recommendations did not warrant having a public hearing, the MND was circulated for the required 20 days, and there were no comments received regarding the MND. Planning Director Lepo reported on how the Planning Department provided public notification for this item. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle 9. CORONA DEL MAR STREET REHABILITATION PROJECT (C -3963) - PHASE 1 - AWARD OF CONTRACT. [381100 -20081 Dolores Otting asked if the City could use any left over contingency money to fix the road problems on Spyglass Hill Road. She believed that the streets around Fashion Island should also be repaired. Dick Nichols believed that there is nothing wrong with the streets in Corona del Mar. Motion by Council Member Webb to a) approve the project plans and specifications; b) award C -3963 to R.J. Noble Company for the total bid price of $1,514,045 and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $150,955 (approximately 10 %) to cover the cost of unforeseen work. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle 13. REQUEST FOR FUNDING FOR TRAFFIC MANAGEMENT CENTER AND SIGNAL MODERNIZATION IMPROVEMENTS. [100 -20081 Dick Nichols believed that the stop light that was installed on Coast Highway in Corona del Mar is not working out well and that the City should not try to acquire Coast Highway from the State. Volume 59 - Page 40 City of Newport Beach City Council Minutes December 9, 2008 Motion by_Cpuncil -Member Henn to approve a budget amendment (09BA -030) appropriating $50,000 from the unappropriated Transportation and Circulation Fund with $40,000 placed into Account No. 7261- C3002005 to cover the costs of purchasing and installing new work stations, monitors and other related furniture in the existing City Hall Traffic Operations Area, and $10,000 placed into Account No. 7261- C3002001 and to complete the landscaping improvements at the intersection of Coast Highway and Iris Avenue. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle 14. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO MAINTENANCE & OPERATIONS BUDGET ACCOUNTS FOR FY 2008/09. [100 -20081 Sue Hirsch, Friends of the Newport Beach Public Library, presented the City with a check for $43,050. Library Services Director Pirtle noted that Hennen's American Public Library Rankings ranked the Newport Beach Public Library as No. 1 for California public libraries and No. 20 in the nation among cities in the same population category. Motion by Council Member Rosansky to approve a budget amendment (09BA -029) to increase revenue estimates by $43,050 in Account No. 4091 -5892 (Friends of the Library Donations), and increase expenditure estimates by the same amount in Division 4091, Friends, and Division 4060, Literacy. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Henn reported on the recent group homes use permit hearings for Balboa Horizons, Kramer Center, and Newport Coast Recovery, LLC. XVI. PUBLIC COMMENTS Dolores Otting noted that tonight is City Attorney Clauson's last Council meeting and took issue that the newly - opened Resort at Pelican Hill is not displaying any Christmas decorations. XVII. PLANNING COMMISSIQN AGENDA AND ORAL STATUS REPORT 15. PLANNING COMMISSION AGENDA FOR DECEMBER 4, 2008. [100 -20081 Planning Director Lepo reported on the following item: Big Canyon Golf Course (PA2007- 210). XVIII. CURRENT BUSINESS S16. COUNCIL APPROVAL OF CONTRACT FOR CITY ATTORNEY (C- 4131). [88/100- 20081 Council Member Henn reviewed the recruitment process, reported that the City Council is Volume 59 - Page 41 City of Newport Beach City Council Minutes December 9, 2008 proposing hiring David Hunt as the new City Attorney, highlighted his career background, and explained the process of how compensation and benefits were determined. Motion by Council Member. Henn to approve the City Attorney employment agreement with David Hunt. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem. Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle Council commended City Attorney Clauson for her 19 years of service to the City and wished her the best in her retirement. City Attorney Clauson thanked Council and the City, and reported that the new City Attorney will start on December 22 to allow a few days of overlapping with her to ensure a smooth transition. XDC MOTION FOR RECONSIDERATION. - None XX. ADJOURNMENT - 8:17 p.m. The agenda for the Regular Meeting was posted on November 21, 2008, 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 November 23, 2008, at 3:52 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor Nff1P.� IVM1S �/ 7 U' OF City Clerk n ��H5A Volume 59 - Page 42