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HomeMy WebLinkAbout01 - Minutes - 5-11-2010Agenda Item No. 1 May 25, 2010 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session May 11, 2010 — 4:00 p.m. I. ROLL CALL Present: Council Member Selich, Council Member Rosansky May d, urry, Council Member Gardner, Council Member Daigle Excused: Mayor Pro Tem Henn, Council Member Web II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE ENT CALENDAR. i In response to Council Member Gardner's qu ions, Recreation and Senior Services Director Detweiler indicated tl* the Communit outh Center door hardware (Item 11) went out to bid. Regardingte ",° (Sidewalk in Cleaning Services), General Services Director Harmon reported tha trash co 'ners in Corona del Mar are cleaned every two to three weeks sand st equest that the contractor stand further away from the containers en sp mg er to prevent the paint from chipping. 2. SPECIAL E TS/F E WAIVERS. I00 -20101 fl 2 City Manager in ated that this as discussed in more detail at yesterday's Finance mmitt utilize a PowerPoint presentation to discuss the co to ting cem event fee waivers and not billing for the total of the eve nd satea Rviscry ty "o some worthy events not occurring in the City ecause they w' bill ost. He reported that many of the events are not vered by the Spe Ev Committee (SEAL) and discussed the decrease esources to acco odof the special events. He stated that staff is proposing to egorize special ents to assist with cost recovery and reviewed examples of costs, waiv sea, and b' d amounts from 2009. He added that the proposed program will request estimate f the full cost of each event upfront and determine the percentage of the cost at s d be waived. He stated that implementation of the new process will occur in 1 -12. He requested further guidance from Council relative to the possibility of s ing aside funds in the budget, for event support, requesting that non - profit organizations submit applications for funding with an explanation of the organization's value to the City, and possibly have formal agreements with the non - profit organizations. Council Member Selich noted that the chart presented at the Finance Committee meeting showed that one of the biggest amounts waived was for the Corona del Mar 5K. Recreation and Senior Services Director Detweiler reported that about $100,000 is received through fees and sponsorships, $46,000 is used for event purchases and to pay bills, and the remainder is shared between the City and the Corona del Mar Chamber of Commerce. In response to Council Member Gardner's question, City Manager Kiff explained that this race appears to be more expensive than some of the other races because it is a City - sponsored event and all the costs were reflected in the chart. Volume 59 - Page 467 City of Newport Beach City Council Study Session May 11, 2010 In response to Council questions, Recreation and Senior Services Director Detweiler indicated that most of the City's special events are free; however, the City charged a small fee for the Egg Hunt and the City track meet. City Manager Kiff noted that the City also kept the parking kiosk open at the Corona del Mar State Beach during the Persian New Years event, but pointed out that this event occurs in the City without a permit. Council Member Gardner stated that she likes the idea of setti ' funding aside in the budget for this so there is more control over fee waivers. e added that she also supports creating categories and the direction staff is sugge mg. Mayor Curry noted the importance of special events t icated that the City and most organizers did not understand exactly how m it cos have a special event. He stated that the City needs to find ways to off, some of the - provided services at a lower cost. He agreed that a budget and a p Fcess should be cre N l with this issue Diane Duarte, Spirit Run, reported that' *'t e ev does not create rr the City, but does promote the City and other Ci vents. She expressrt for the proposal. City Manager Kiff assured Con at staff inte to conduct outreach to the event organizers. He added that the y king with Police Department and West Newport to change the non -City e nt tha son In endence Day, noting that it costs the City about $180,000. 3. FINAL REPOR RECOMML N IONS FR M THE TASK FORCE ON CYCLING SA TY. 00 -20101 Code Enforc t Di ion Manager peler utilized a PowerPoint presentation to highlight the Cc it al report a recommendations regarding education and outre imp me co ng cycling in the City. He stated that the- C ee om ding 'that t ity updatz- the 1991 Bicycle Trails Map. He ted that Goo g rovi bike routes, however, the City's routes also need updating. He reported t he C ittee also recommends installing additional signage, veloping and imp mantin sharrows program, developing a focus area program, a developing bike ck guide es. Coun ember Ga er commended the Committee and noted that the Committee's suggests are not stay. She suggested conducting a sharrows pilot program on one of the road . ted a focus area. She emphasized the importance of safety education for both drive cyclists. Council Member Selich suggested testing the sharrows program on Bayside Drive between Paseo and Carnation. Mayor Curry commended the Committee and stated that the report sets the stage for the City to be more bicycle - friendly and safer. Don Graham stated that he cycled from the Oregon border to Newport Beach and found that Newport Beach had some of the scariest cycling conditions. He encouraged the City to paint bike lanes on both sides of Coast Highway. Frank Peters, Task Force on Cycling Safety Committee Member, stated that he could not take a boy scout troop cycling in the City to earn their cycling badge because it was Volume 59 - Page 468 City of Newport Beach City Council Study Session May 11, 2010 4. a safety challenge. He expressed support for painting sharrows in Corona del Mar. Regarding what direction to take, without objection, City Manager Mff stated that he will discuss options for a sharrows program and bike racks with the management staff tomorrow. BUDGET UPDATE - FY09 -10 AND FY10 -11. (100 -2010] A City Manager Kiff reported that the budget was discussed, yesterday's Finance Committee meeting, and that more budget discussions w' ake place by Council on May 25 and June 22. He discussed the current fiscal pi e and how significant cuts were made during FY2009 -10 without impacting the of public safety staff out in the field or reducing library hours. He also disc d how • public can view a copy of the draft budget. Administrative Services Director McCraner � that the budget is consistent with the Fiaeal the possible revenue changes and sum ar. upcoming year. She noted that future red 8p Department from office positions to field poe with Costa Mesa. She added th the current of development services, the t asses! impacts of current negotiations oli. miscellaneous groups. She also cusse balancing its General Fund budget. She refe showed how remai goals follow he pl utilizing coat -sha City pensio funding the F ties F ance Plan, a sinj costs. rilized,ig PowerPoint p ntation to note iustability Plan. She o highlighted ,ee,d9the change in pen for the lis entail moving personnel the Police .' ns and discussing the ABLE program bu t does not include the restructuring went . Fire and Lifeguard personnel, e associ ns, and negotiations with the rejects`` d how the City is doing in e Aval Sustainability Plan and relativ educing the use of reserves, more competitive contracting, effectively restructuring to improve service and cut Counc ember lla le expressed concern regarding the Office of the City Attorney's budgets it pro ses an increase. She requested a summary of the budget changes and an exp ati for the May 25 meeting of how internal staffing and the use of outside counse changed. PUBLIC COMMENTS - None Acting City Attorney Mulvihill reported that, in Closed Session, Council will conference with real property negotiators pursuant to Government Code Section 54956.8 relative to 601 East Balboa,Boulevard/209 Washington Street. She reviewed who will be involved in the discussions and reported that the item is to provide direction to the City negotiator regarding the price and term of payment for the lease of the parking facility. Mayor Curry provided anyone in attendance the opportunity to speak on this Closed Session item No public comment was provided. Volume 59 - Page 469 City of Newport Beach City Council Study Session May 11, 2010 IV. ADJOURNMENT - 5:20 p.m. The agenda for the Study Session 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. City Clerk Recording Volume 59 - Page 470 CITY 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. A. Conference With Legal Counsel - Existi . "� Liti ation vernment Code 54956.9(a)): Three matters: n ; F, 1. Pacific Shores v. Newport Rn h - U.O. District Court Case SACV 08- Development InvestigationVo. 09- 4 Beach - U.S. District Court Dept. of Housing & Urban D. Confere Aa with Ifeal Pronertv Negotiator Government Code § 54956.8 Property: 601 alboa 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 111. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Volume 59 - Page 471 City of Newport Beach City Council Minutes May 11, 2010 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 Micha nd All Angels Episcopal Church IX. PRESENTATIONS si sx Poppy Week Proclamation - Mayor Curry presented the p, clamation to K Karanickolas, President of American Legion Auxiliary 291. Rhel Lemann, Miss Poppy, ited a poem and presented poppies to Council and staff. Certificate of Recognition to Brianna Bailey Mar Curry presented Daily Pilot reporter Brianna Bailey with a Certificate of Re union for her s' 'ce and dedication to the City. He announced that Friday is her last day he newspape ecause she will be moving back home to Oklahoma. Ms. Bailey state ha enjoyed ng in Newport Beach and commended the City for their dedication a pro sm. x X1. Council Memb ch ax f'c al Island Art Walk will be held on Sunday, May 16, a or t his ray for Life aiser, Walking Rendezvous, raised $2,004 Coun Member Daigle a ounce at a free workshop for seniors will be held on May 18 at the al Library from 2: p.m, to 0 P.M. Council er Gardner re ested a report relative to whether the City has taken any action on the Gree evelopment ask Force's suggestions. She also announced that she and the Mayor attende Literac uncheon and noted the importance of this program. Mayor Curry anno at there will be a grand opening ceremony for the alternative fuel station at the City's 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. XII. 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. Volume 59 - Page 472 City of Newport Beach City Council Minutes May 11, 2010 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 APPE4S. [100 -20101 Adopt Ordinance No. 2010 -7 relating to business tax ap `Is amending Section 5.04.330 of the Newport Beach Municipal Code. 4. PARKING METER AND PARKING LOT F INCREASES. [100 -20101 Adopt Ordinance No. 2010 -8 amending New Be Municipal Code Section 12.44.040, to increase the parking me --r fees on- street meters by $0.50/hour. C. RESOLUTIONS FOR ADOPTION 6. EXECUTION OF FISCAL YEAR, 20,9`HOMELAND SECURi GRANT PROGRAMS TRANSFER AGREIENTS (C- 4536). [38/100 - 20110] Adopt Resolution No. 2010 -45 authorizing to Police Chief, Fire Chief, and City Manager to act as "Aut ized Agents" to execute the necessary documents in conjunction with the a S. TRAFFIC GNAL MbDERNIZATION PROJECT PHASES 4 AND 7 APPROV OF PURCHASE CONTRACT (C -3456) WITH ECONOLITE N L RODUCTS, INC. [381100 -20101 Approve Purchase Contract ol Control Products, Inc. of Anaheim, for purchase and installation traffic signal management equipment for Phase 4 and 7 of the al Modernization Project, at a not to exceed price of $230,972.93, rize the Mayor and City Clerk to execute the agreement. 9. CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 2 (C -4140) - COMPLETION, AND ACCEPTANCE.- 1381100 -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 Volume 59 - Page 473 City of Newport Beach City Council Minutes May 11, 2010 E. 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 HARD' IMPROVEMENTS (C -4309) - AWARD OF CONTRACT. [38/100 -2 J a) Approve the project plans and specification; b) award the contract (Cn; 09) to Specialized Builder's Hardware, Inc., dba CFO Door Hardware & sec Inc. (CFO) for the total contract price of $30,319.02, and authorizhe Mayo, nd the City Clerk to execute the contract; c) establish a ,dEonstruction c ingency amount of $4,600.00, approximately 15 percent, too cover the cost of u eseen work; and d) approve Budget Amendment No.,i6BA -0415 appropriating 00.00 from the unappropriated Building Excise „ax Fund to CYC Rehabilitati ccount No. 7271- C4120806.� t� 12. PENINSULA POINT WATER AND'SWER IMPROVEMENTS (C -4066) - COMPLETION AND CEPTANCE. [3$ 100 -20101 a) Accept the completed work and authorize the erk to file a Notice of Completion; b) authorize the City Clerk to release nd Materid ,Bond 35 days after the Notice of Completion has been re rded in dance w applicable portions of the Civil Code; and c) releas the Fai fornance Bond one -year after Council acc ce. 13. AGRE ENT WITH T SOUTH COAST AIR QUALITY MAN EME DISTRICT QMD) TO ACCEPT MATCHING FUNDS OF $ 500 R THE CIT ALTERNATIVE FUEL PROGRAM (C- 4537)w I Approve the agreement with the Air Quality men istrict ” ccept matching funds of $162,500 for the City's _ nat, uel program. 15. BALBOA AND YFINDING SIGNS. [100 -20101 Authorize the Marine Avenue Bus ess Imp . ement District (MABID) to pay for the installation of three (3) dir tional wayfinding signs prior to comprehensive installation by the City, and gree to reimburse the MABID the City's cost to install the signs part of a omprehensive implementation of the wayfmding program when t ity co letes the program. , 16. CON T WITH HYDROBLAST, INC. FOR SIDEWALK STEAM CLE G SERVICES (C4535). [381100 -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. MISCELLANEOUS 17. THIRD QUARTLY REPORT ON PERFORMANCE MEASURES. [100- 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: Volume 59 - Page 474 City of Newport Beach City Council Minutes May 11, 2010 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 XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. AMENDMENT TO TITLE 19, "SUBDIVISIONS," O HE NEWPORT BEACH MUNICIPAL CODE; CODE AMENDMENT NO. C 0 04.[100-20101 Brian Starr, Building Industry Association (BI of Southern liforn a, referrenced correspondence from the BIA Chief ExecutiydOfficer and exp ed why the BIA opposes the ordinance. He further discusd caso.law and reque that Council postpone adopting the ordinance. He a "d that; 'e is concerned tha e City could end up refunding development fees if th t 's,firdmance is overturned d o the case BIA filed against San Jose in March. " Acting City Attorney Mulvihill orted that the`ilmer case affects rental housing and a city's ability to restrict rates, 'nted out thai'e proposed ordinance does not do this. Assistant City Manager Wo c d that she tioned her concern at the last meeting about certification of fut Hou Is ents ause cities are required to report on their progress in achi wing the' Shy reported that since the inclusionary policy been written ' tot Housin went, the City has achieved 17% of its new a a , e housing go therefore, beleived it has been an effective program for th ity. IM Motion by C61mcil MAmber Webb se nded by Council Member Selich to adopt Ordinance No 0- ing Title 9, "Subdivisions," of the Newport Beach Mu ' e to corpoi 9.54 (Inclusionary ZIousing) establishing ionary g r ements an in -lieu housing fee. Mayor Curry stat that philosophically opposed to the approach, believed that Starr raised in eating hits, and indicated that he will be voting against this t The in ' n carried b the following roll call vote: Ayes: Co it M ber Selich, Council Member Rosansky, Council Member Webb, Coun ber Gardner Noes: Mayor ry, Council Member Daigle Absent: Mayor Pro Tem Henn 14. VENDOR SELECTION FOR CONTRACT NEGOTIATIONS FOR MOORING MANAGEMENT SERVICES. [381100 -2010] 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. Volume 59 - Page 475 City of Newport Beach City Council Minutes May 11, 2010 XIV. 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 Membb r Daigle Absent: Mayor Pro Tern Henn Council Member Daigle reported that the Aviation Comm' e re ed an update about the DUUKE runway. She stated that the Federal Aviation inistrati AA) will be working on improving the current plan, the County is working the FAA to ex to the process, and a representative from John Wayne Airport (JWA) Mends tithe Aviation ittee meetings because they communicate with the FAA on beha the C* w- Council Member Gardner reported that the Me d Communications Comm ee will be providing Council with suggested revisions to the tel munications ordinance. Council Member Selich reported that th ning Code will) going to the Planning Commission for review on May 20. Mayor Curry reported that the Finance Council was provided a budget overview di another budget update on 25. He p< million reduction; how ev , t City will project and the Rhine annel dredging wi field and while still g able follow the Manager and City staff tie' efforts. it eived a or' on the City's budget, oda ' ess n' and Council will receive o that the posed budget shows an $8.7 ble to move forward with the Civic Center the need to reduce safety personnel out in the Sustainability Plan. He commended the City 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 Volume 59 - Page 476 City of Newport Beach City Council Minutes May 11, 2010 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, lik/e,ption . Harbor Resources Manager Miller noted that the number of boat slips mined by the Harbor Commission and Council Member Webb reported that l plan included more slips. Associate Planner Ung clarified that the heigh is for the lighthouse feature. Mayor Curry opened the public hearing. Craig Morrissette, Central Balboa Comunity,j�Association, r ted that the association board supports the Marini Park :tans, however, has cern about removing the two gates during Phase because people may start u g it as a westbound bypass road during the summ`. td cause stacking at 19th treet. He believed that adding signage will not solve the 'flblem. He also expressed concern that no options can be considered if its written into tli EIR. that tlturrent plans include opening He nj%that staff has not analyzed allinspeed bumps or only open Pro Tern Henn asked him to speak on his in also has concerns regarding the gates and should decide what happens to the gates, Jere should be some type of mitigation so the cting City At to M noted that the gate does not environmentally affect the project. She sta that is an operational issue and that the Public Works partment has a p cess wh ,traffic control measures are required. She agreed that ng something a utthe gat s into the FEIR may limit options in the future. Tom Sgs, Protec Our Parks (POP), expressed support for the EIR, noted that the mariPOP p posed only had 12 slips that were placed offshore, and expressed hope that no an eddings will take place in the community center since the park is intended to be 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 Volume 59 - Page 477 City of Newport Beach City Council Minutes May 11, 2010 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 ass" to the City, create a new window to the Bay, and supply slips for visiting yachtsm He hoped that Phase 3 happens sooner than later. el Mayor Curry stated that today is a historic day due Civic Center and now this step to create a meaningf He indicated that Mayor Pro Tom Henn would av vote, and recognized him and all the Coune" en project. x t "r The motion carried by the following roll era of �4 Ayes: Council Member Selich, Council Me er Member Webb, Council ember Gardner; Absent: Mayor Pro Tem Henn XVII. MOTION FOR RECONSIDERATION- one XVIII. ADJOURNMENT -Adjourned at 8:07 p. in me ry liked to hers for ,eaking of the new on the Peninsula. been here for this wrd work on this Rosansky, Mayor Curry, Council uncil Member Daigle The agenda for the R lar eeting wa sted on May 5, 2010, at 4:50 p.m. on the City Hall Bulletin B rd loc ed outside o he City of Newport Beach Administration Building. The sup enta agenda for th Regular Meeting was posted on May 7, 2010, at 2:40 p.m. on a Hall Bullet Board located outside of the City of Newport Beac ni o 'ing, City Clerk Volume 59 - Paae 478