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
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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.
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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
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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.
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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.
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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
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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
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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
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