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Home My WebLink About04/12/2011 - Regular MeetingCity Council Minutes City Council Regular Meeting April 12, 2011 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 6:07 p.m. A. Conference with Legal Counsel - Existing Litigation (Government Code S 54956.9(a)): Three matters: 1. Porto v CNB, USDC Case No. SACV11 -00180 JVS 2. Interinsurance Exchange of AAA v CNB, OCSC Case No. 30 -2011- 00458025 3. Padgett v CNB, OCSC Case No. 30- 2009 - 002991291 B. Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigatir n1Government Code $ 6.9 c : One matter: Potential initiation of litigation against Puna McLlwain aka Punahele Aikala MCLlwai, i and Steve McLlwain of 443 Harbor Drive C. Public Employee Performance Evaluation (Government Code & 54957(b)(1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of two public employees. Titles: City Manager and City Clerk III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle VI. CLOSED SESSION REPORT City Attorney Hunt reported that there was no reportable action, except for the matters relating to Porto u CNB and Interinsurance Exchange of AAA u CNB, in which Council voted 7 -0 to authorize the defense of both matters. VII. PLEDGE OF ALLEGIANCE - Council Member Daigle Volume 60 - Page 107 City of Newport Beach City Council Minutes April 12, 2011 VIII. INVOCATION - Mayor Henn IX. PRESENTATIONS Newport Beach Fire Department Centennial Celebration 1911 -2011 - Fire Chief Morgan and Fire Captain Brian McDonough discussed the history of the Newport Beach Fire Department and presented the City Council and Civil Service Board with centennial badges. Proclamation Designating April as DMV/Donate Life California Month - Eric Piper, donor transplant recipient, discussed the importance of the DMV donor program. Mayor Henn read the proclamation and presented it to Mr. Piper and Lisa Pedral of One Legacy. Proclamation Designating April 10 -16, 2011 as National Library Week - Mayor Henn read the proclamation and presented it to Library Services Director Cowell. 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 Hill announced that he attended the Police Appreciation Breakfast on March 30, the Fire Department Centennial Kickoff on April 9, and read to children at Mariners Library this morning. He also announced that the Chamber of Commerce Scholarship Awards Breakfast will be held on April 26 (www.newportbeach.com for more information). Council Member Rosansky stated that he, Mayor Henn, and Council Member Hill attended Coastline Community College's groundbreaking this morning for their new campus on 15th Street and Monrovia Avenue in West Newport, Mayor Pro Tem Gardner announced that the Corona del Mar Residents Association (CdMRA) and the Business Improvement District (BID) will hold its annual meeting on April 20 at Sherman Gardens (www.edmra.org for more information). Council Member Daigle announced that she attended the opening day ceremony for the Newport Beach Little League and stated that the Newport -Mesa Interfaith Council will be holding a Mother's Day event at the First Presbyterian Church in Orange on May 1 at 4:00 P.M. Council Member Curry announced that he attended the opening reception for the Alexander Calder Exhibit at the Orange County Museum of Art. Council Member Selich announced that he will be reading to children for National Library Week on Wednesday at 10:30 a.m. at the Central Library. Mayor Henn announced that he attended the Art Exhibition at the Central Library on April 9. He also announced that he attended the Newport- Ensenada Launch Party on April 10 and encouraged everyone to attend at least one of the upcoming events. XII. CONSENT CALENDAR A. READING OF MINUTES /ORDINANCES AND RESOL UTIONS Volume 60 - Page 108 City of Newport Beach City Council Minutes April 12, 2011 1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF MARCH 22, 2011. [100 -2011] 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. C. CONTRACTS AND AGREEMENTS 4. CENTRAL BALBOA PAVEMENT REHABILITATION - PHASE 1 - AWARD OF CONTRACT NO. 4453. [381100 -2011] a) Approve the project drawings and specifications; b) award Contract No. 4453 to Nobest Inc. ( Nobest) for the total bid price of $448,000, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $112,000 (25 %) to cover the cost of unforeseen work and anticipated additional concrete street pavement not included in the original contract; and d) approve Budget Amendment No. 11BA -041 transferring $55,520 from 7531- C2002038 (San Miguel Street Improvements) to 7531- C2002041 (Central Balboa Pavement Rehabilitation) and $2,300 from 7511- C2002038 (San Miguel Street Improvements to 7511- C2002041 (Central Balboa Pavement Rehabilitation). 6. APPROVAL OF EMPLOYMENT AGREEMENT FOR CITY MANAGER (C- 4359). [381100 -2011] a) Approve the Employment Agreement with David Kiff effective April 12, 2011 ( "City Manager Employment Agreement "); and adopt Resolution No. 2011 -29 approving and authorizing the Mayor to execute the City Manager Employment Agreement. 7. APPROVAL OF EMPLOYMENT AGREEMENT FOR CITY CLERK (C- 4100). [381100 -2011] a) Approve the Employment Agreement with Leilani Brown effective April 12, 2011 ( "City Clerk Employment Agreement "); and adopt Resolution No. 2011 -30 approving and authorizing the Mayor to execute the City Clerk Employment Agreement. D. MISCELLANEOUS 8. PLANNING COMMISSION AGENDA FOR APRIL 7, 2011. [100 -2011] Receive and file written report. 9. BUDGET AMENDMENT TO APPROPRIATE EXPENDITURES AND REVENUES FOR OASIS SENIOR CENTER CONTRACT CLASSES. [100 -2011] Approve Budget Amendment No. 11BA -038 to increase Revenue Account 4410 -5474 by $133,155 and Expenditure Account 4410 -8080 by $93,209. 10. REPLACEMENT OF MOBILE DATA COMPUTERS (MDC) IN POLICE PATROL VEHICLE FLEET. [100 -2011] a) Approve a total expenditure of $193,850.35 to replace the MDCs currently assigned to the Police Department's patrol vehicle fleet; b) approve the sole - source purchase of the replacement MDCs from Datalux Corporation; and c) approve Budget Amendment No. IIBA -040 appropriating $193,850.35 from the Police Department's Internal Service Fund unappropriated fund balance to the Police Vehicle Equipment Account, 6150 -9300. This expenditure includes the Volume 60 - Page 109 City of Newport Beach City Council Minutes April 12, 2011 equipment ($177,444), all sales taxes ($15,326.35), and shipping and delivery costs ($1,080). 11. AUTHORIZATION TO UPGRADE OFFICE ASSISTANT POSITION TO DEPARTMENT ASSISTANT POSITION WITHIN THE OFFICE OF THE CITY ATTORNEY. [100 -20111 Continue the item until budget discussions come before the City Council. Motion by Mayor Pro Tern Gardner, seconded by Council Member Rosanskv to approve the Consent Calendar, except for the Items removed (3 and 5) and rioting the continuance of Item 11. 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 XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. RESOLUTION SUPPORTING AN ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) MEASURE M2 ENVIRONMENTAL CLEANUP, TIER 1, GRANT PROGRAM. [100 -20111 Jim Mosher expressed concern that the grant application has not been written and is not attached to the staff report. City Manager Kiff indicated that the grant is fairly basic and one that Council has traditionally supported. Mayor Pro Tern Gardner added that the resolution stipulates what the grant will be used for. Motion by Council Member Curry, seconded by Council Member Rosanskv to adopt Resolution No. 2011 -28 authorizing and supporting the submission of grant applications for the OCTA Measure M2, Environmental Cleanup, Tier 1, grant program. 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 5. FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR, QEA, L.P. FOR AGENCY COORDINATION AND CONSTRUCTION MANAGEMENT SERVICES FOR THE RHINE CHANNEL DREDGING PROJECT (C- 4304). [38/100 -2011] Mayor Henn requested that it be made clear that, in the event the General Fund does expend money for the project, it would be in the form of a loan to the Tidelands Fund so the City can track the expenditure as a tidelands expenditure. He noted that this would be similar to the tracking system that occurs for other dredging expenditures. Motion by Mayor Henn seconded by Council Member Daigle to a) approve the Fourth Amendment to the Professional Services Agreement with Anchor, QEA, L.P. for agency coordination and construction management services for the Rhine Volume 60 - Page 110 City of Newport Beach City Council Minutes April 12, 2011 Channel Project; and b) if the State Lands Commission does not object to this proposed expenditure, approve Budget Amendment No. 11BA -39a appropriating $624,964 from un- appropriated Tidelands Fund to 7231- C4402004 OR if the State Lands Commission does object to this proposed expenditure, approve Budget Amendment No. 11BA -39b appropriating $624,964 from un- appropriated General Fund (010 -3605) to 7014- C4402004. In the event of an objection, City staff will work with the State Lands Commission to address their concerns and seek approval of the proposed expenditure and authorization to reimburse the General Fund from the Tidelands Fund. 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 Wendy Brooks suggested developing a contest that runs concurrent with the grand opening of the new City Hall in order to generate a City public image slogan. Jim Mosher discussed the Statement of Economic Interests (Form 700) and questioned why some consultants are exempt from filing Form 700s: City Attorney Hunt emphasized that most consultants would not be required to file a Form 700 because they do not have specific impacts to the City or make decisions. In response to Curtis Westland's question, Mayor Henn indicated that the discussions regarding the proposed loud and unruly gathering ordinance was discussed at the Study Session today, but it will be coming back to the City Council for consideration. XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Pro Tem Gardner reported that the Bicycle Safety Committee is requesting ideas on whether there are any streets that could be temporarily closed for a cycling event. The ideas can be submitted at the committee meeting which meets the first Monday of the month or individuals can email ideas to her. Council Member Daigle discussed the collaborative effort that takes place between the City, the Federal Aviation Administration (FAA), and John Wayne Airport (JWA). She noted that the airport is aware of the problems above Crystal Cove, they investigated claims relative to Jasmine Creek and other areas, and assured everyone that the City will continue to monitor every issue. Council Member Curry discussed the Finance Committee meeting in which they will be recommending that the City change its auditor, reviewed revenue trends, and reviewed the Facilities Finance Plan (FFP). Mayor Henn highlighted the first meeting of the Tidelands Management Committee and reported that the committee will meet regularly on the third Wednesday of the month at 4:00 p.m. at OASIS Senior Center, and that applications are due for the citizen advisory panel of the Tidelands Management Committee on April 18 at 5:00 p.m. He stated that the panel will probably consist of seven members and the first steps will be to determine the visions for the tidelands, define priorities and the work plan, and receive a presentation from Volume 60 - Page 111 City of Newport Beach City Council Minutes April 12, 2011 the Harbor Commission about the visioning work they have been doing. Regarding the Neighborhood Revitalization Committee, he reported that the citizen advisory panel will be formed for each neighborhood study area and that applications for this citizen advisory panel are due on May 9. He reported that applications are available on the City's website. XVI. CURRENT BUSINESS 12. RESOLUTION NO. 2011 -31: CHANGING THE MEMBERSHIP AND RESPONSIBILITIES OF THE AVIATION COMMITTEE. [I00 -20111 City Manager Kiff stated that the handout relative to the committee's membership did not indicate in some areas that appointments will be made by the Mayor and confirmed by the City Council. He requested that the attachment be approved with those amendments. Jim Mosher questioned the committee member terms and whether three Council Members should serve on the committee. He stated that he attended the last Aviation Committee meeting and only Council Member Daigle was in attendance from the Council membership. He questioned Council commitment to aviation issues and requested that minutes be taken at the meetings. Council Member Daigle took issue with Mr. Mosher's statements, stating that Council Member Selich attends most of the meetings and former Council Member Webb attended every meeting when he was on Council. She added that the City also has a strong advocate in Council Member Hill. She emphasized that Council is fully engaged and supportive of airport efforts. Council :Member Hill added that he attended Aviation Committee meetings even before he was on Council and that the last meeting was the only meeting he ever missed. Motion by Council Member Daigle seconded by Council Member Curry to adopt Resolution No. 2011 -31 relating to the membership and responsibilities of the Aviation Committee. 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. RESOLUTION NO. 2011 -32: AMENDING THE SPECIAL EVENTS ADVISORY COMMITTEE'S STRUCTURE AND DUTIES. [100 -20111 City Manager Kiff reported that the proposed resolution reflects the new process for reviewing special events. Motion by Council Member Curry, seconded by Council Member Rosanskv to adopt Resolution No. 2011 -32 amending the structure and duties of the Special Events Advisory Committee. Council Member Hill requested that the attachment to the resolution be amended to reflect "Chairperson" throughout. Volume 60 - Page 112 City of Newport Beach City Council Minutes April 12, 2011 Jim Mosher believed that the membership should be composed of citizens who are not affiliated with any special events. 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 XVII. MOTION FOR RECONSIDERATION - None XVIII. ADJOURNMENT - Adjourned at 8:08 p.m in memory of Kenneth "Ken" Carr The agenda for the Regular Meeting was posted on April 7, 2011, at 3:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. il WVU� City Clerk Mayor Volume 60 - Page 113