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HomeMy WebLinkAbout05/26/2009 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting May 26, 2009 — 7:00 p.m. I. STUDY SESSION - 3:00 p.m. II. CLOSED SESSION - 5:08 p.m. A. Conference with Legal Co-use-L7 Existing _L_itigation_(Government Code § 54956.9(a)); Four matters all arisin out of the IBC Litigation with Irvine: 1. Newport Beach/Tustin v. City of Irvine (Martin Street), Orange County Superior Court Case No. 07CCO1264 2. Newport Beach/Tustin v. City of Irvine (2851 Alton), Orange County Superior Court Case No. 07CCO1265 S. Newport Beach/Tustin v. City of Irvine (HCG), Orange County Superior Court Case No. 30- 2008 - 0022885- CU- WM -CXC 4. Newport Beach/Tustin v. City of Irvine (Accessory Retail Business Regulations), Orange County Superior Court Case No. 30- 2009 - 00264696 B. Conference _with -Legal - Counsel - Anticipated Litigation .- Exposure to Litigation Government_.Code § 54956.9(b): Two matter(-): 1. Potential exposure to litigation on two matter(s) based upon facts and circumstances that might result in litigation against the City but which are not yet known to a potential plaintiff or plaintiffs and disclosure of the facts or circumstances would jeopardize the City's ability to resolve the matter. C. Conference with Real Property Negotiator fGovernment Code S 54956.8 1, 1. Property: 608 East Balboa Blvd. and 209 Washington Street; City Negotiator: Sharon Wood; Negotiating Parties: City and Levon Gugasian, Property Owner; Under negotiation: Instruct negotiators on terms, price and conditions. III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle VII. PLEDGE OF ALLEGIANCE - Council Member Curry Volume 59 - Page 167 City of Newport Beach City Council Minutes May 26, 2009 VIII. INVOCATION - Reverend Karl Stuckenberg, Newport Center United Methodist Church IX. PRESENTATIONS Disneyland Scholarship Award Presentation - Mayor Selich presented the proclamation to Andrew Morrow (Corona del Mar High School) who thanked Council for their support and Disneyland for the honor. Danielle Dubois (Disneyland Resort) commended Andrew for his hard work and thanked Council for their support. Invitational Regatta for the Hoag Cup - Mayor Selich presented the proclamation to Jake Rohrer (Hoag Hospital) and Glen Highland. Mr. Highland thanked Council for their support and announced that proceeds will be donated to the Hoag Heart and Vascular Institute. VI. CLOSED SESSION REPORT City Attorney Hunt reported that Item CI of the Closed Session Agenda was removed with no action or discussion. X. NOTICE TO THE.PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR 14IATTERS WHICH COUNCIL MEMBERS WOULD.LIKE PLACED ON A FUTURE.AGENDA. FOR DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Daigle announced that temporary changes were made to the docks for the Hoag Cup and noted that the dredging of the Bay is continuing. Council Member Gardner announced that the Corona del Mar 5K will be on June 6 and invited residents to visit the website at action.com or contact the Recreation and Senior Services Department to sign up. She requested a report from staff on the property tax action. In response to her question, City Clerk Brown clarified that Boards and Commissions applicants will receive a letter notifying them of their application status. Council Member Webb announced that the Balboa Island parade will be on Sunday, June 7, at 11:00 a.m. and Mayor Selich invited everyone to attend and enjoy the community spirit. Council Member Henn announced that the Relay for Life event was held on May 16 - 17 and estimated that $127,000 was raised so far. He noted that the Council Critters raised $6,600, and thanked and congratulated City Manager Bludau for initiating the event. He reported that the City hosted a large number of visitors during the Memorial Day Holiday weekend and commended the Police, Fire, and Lifeguards. He noted that the first Boardwalk Safety Program was a success and congratulated the Police Department for a very well organized event. He also noted that there was a 4.7 magnitude earthquake and encouraged residents to register for the OC Alert System which will inform registrants via phone in the event of an emergency. Mayor Pro Tem Curry thanked Council Member Henn for organizing the Relay for Life's Council Critters team. He expressed concern about coyotes and snakes and asked staff to provide a report to Council that would re-visit policies and provide information to residents on safety. Volume 59 - Page 168 City of Newport Beach City Council Minutes May 26, 2009 XII. CONSENT CALENDAR A. READING OF MINUTES/ORDINANCES RND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR MEETING OF MAY 12, 2009. [100 -20091 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. CONTRACTS AND AGREEMENTS S. ON -CALL REPAIR SERVICES FOR OIL PRODUCTION WELLS - APPROVAL OF REPAIR SERVICES AGREEMENTS WITH HARBOR RESOURCES, INC. AND ALLENCO (C -4208 and C- 4209). [38/100- 20091 Approve On -call Repair Services Agreements with Harbor Resources, Inc. and AllenCo for on -call repair services for City's oil production wells, and authorize the Mayor and City Clerk to execute the agreements. 4. JAMBOREE ROAD WIDENING OVER SR -73 - APPROVAL OF A CONSTRUCTION COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (C4210). [381100 -20091 Approve a Cooperative Agreement between the City of Newport Beach and the California Department of Transportation (Caltrans) for the construction of the Jamboree Road Widening over State Route 73 (SR -73) project. 5. KINGS ROAD/BINGS PLACE PAVEMENT RECONSTRUCTION - AWARD OF CONTRACT (C4095). 1381100 -20091 a) Approve the project plans and specifications; b) award the contract (C -4095) to The R.J. Noble Company for the total bid price of $647,404.20, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $65,000 to cover the cost of unforeseen work; and d) approve a budget amendment (09BA -057) designating Kings Road/Kings Place Pavement Reconstruction (7251 - 02002020) to receive $282,600 in County of Orange CAP funds which were previously designated for Dover/Westcliff Street Rehabilitation and designating Dover/Westcliff Street Rehabilitation (7181- C2002018) to receive $282,600 in Gas Tax funds previously designated for Kings Road/Kings Place Pavement Reconstruction. 6. APPROVAL OF TEMPORARY EMPLOYMENT AGREEMENT WITH RON GARRETT FOR TRAFFIC TECHNICIAN SERVICES (C- 4212). 1100 -20091 Removed from the Consent Calendar. 7. SURVEY ON -CALL SERVICES - APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH COAST SURVEYING, INC. AND PROFESSIONAL SERVICES AGREEMENT WITH GEOMATICS TRANSPORTATION SERVICES, INC. (C -3673 and C4213). 1381100 -20091 a) Approve Amendment No. 2 to Professional Services Agreement with Coast Surveying, Inc., for on -call surveying and mapping services and authorize the Mayor and City Clerk to execute Volume 59 - Page 169 City of Newport Beach City Council Minutes May 26, 2009 Amendment No. 2.; and b) approve Professional Services Agreement with Geomatics Transportation, Inc. for on -call surveying and mapping services and authorize the Mayor and City Clerk to execute the Professional Services Agreement. C. MISCELLANEOUS S. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING FISCAL YEAR JULY 1, 2009 TO JUNE 30, 2010. [100 -2009] Authorize the City Clerk to publish a notice advertising for bids to be received on or before the hour of 4:00 p.m., on Friday, June 12, 2009, for a one -year contract covering the publishing and printing of legal notices, or other material required to be published and circulated in the City of Newport Beach. 9. 2009 -10 PROPOSED BUDGET HEARING; 2009 -10 APPROPRIATION LIMIT HEARING. [100 -20091 a) Schedule a public hearing of the City's Proposed Budget and Appropriation Limit for the 2009 -10 fiscal year on June 9, 2009 at 7:00 p.m.; and b) direct the City Clerk to publish a notice of said hearing. 10. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES ASSOCIATED WITH THE CONEXANT AND KOLL COMPANY. [381100 -20091 Receive and file notice of permit application. Motion _Mayor Pro Tem Curry to approve the Consent Calendar, except for the Item removed (6). 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 XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Henn reported that the use permit for the Ocean Recovery group homes facility at 1115 Balboa Boulevard was approved by the Hearing Officer, the re- hearing for Newport Coast Recovery is scheduled for the week of June 15, the reasonable accommodation request for Balboa Recovery (3206 W. Balboa) was approved, Balboa Recovery's (124 30th Street) reasonable accommodation request was denied, and Kramer Center's reasonable accommodation hearing is scheduled for Wednesday, June 3. Council Member Henn noted that the Economic Development Committee (EDC) approved a re -draft of the EDC Strategic Plan and formed a sub - committee to recommend a clearing house for retail vacancies in the City which will be staffed by Craig Batley, Richard Luehrs, Lloyd Ikerd, Jim Donnell, and Jeff Cole. XV. PUBLIC HEARINGS 11. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE - JD DEMOLITION AND GRADING, INC. [421100 -20091 Volume 69 - Page 170 City of Newport Beach City Council Minutes May 26, 2009 General Services Director Harmon reported that all requirements are met and staff recommends approval. In response to Council Member Rosansky's question, General Services Director Harmon stated that staff is working on changing the procedure for approving franchise agreements. Motion by.Council,Member Rosansky to adopt Ordinance No. 2009 -11 granting a Non - exclusive Solid Waste Franchise to JD Demolition and Grading, Inc. 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 12. PROPOSED AMENDMENT TO THE CITY S ONE -YEAR PLAN FOR FISCAL YEAR 2008 -2009 TO PERMIT RECEIPT OF SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT - RECOVERY (CDBG -R) FUNDS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA). [100- 20091 Economic Development Coordinator Bowden reported that the City is scheduled to receive $96,603 in supplemental funds through the Community Development Block Grant Recovery (CDBG -R) Fund to stimulate the economy and staff has identified projects that meet all of the requirements needed to receive the funds. Motion by Council Member,Rosanskv to a) approve the substantial amendment to the 2008 -2009 CDBG Action Plan; b) authorize the City Manager or his designee to execute the substantial amendment to the FY 2008 -2009 CDBG Program Grant Agreement and all related documents (SF -424 form and CDBG -R certifications) on behalf of the City; and c) adopt Resolution No. 2009 -27 authorizing the City Manager to submit the SF -424 application for CDBG -R funds and substantial amendment to the One -Year Action Plan to HUD. 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 XVI. PUBLIC COMMENTS - None XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT XVIII. 13. PLANNING COMMISSION AGENDA FOR MAY 21,2009.[100-20091 Assistant City Manager Wood reported on the following items: Newport Healthcare Center LLC (PA2009 -017); Santa Ana Heights Horse Licensing Code Amendment Initiation; and AERIE Condominiums (PA2005 -196). 14. CITY HALL AND PARK MASTER PLAN PROJECT - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH CW DRIVER FOR PROGRAM MANAGEMENT SERVICES - SCHEMATIC Volume 59 - Page 171 City of Newport Beach City Council Minutes May 26, 2009 DESIGN AND DESIGN DEVELOPMENT; AND AMENDMENT NOS, 1 AND 2 TO PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR GEOTECHNICAL SERVICES (C -4137 and C- 4150). (381100 -2009) Public Works Director Badum reported that staff is seeking Council's approval for amendments to continue to the schematic design, design development, and geotechnical service phases of the project. Motion by Council Member R_. -sky to a) approve Amendment No. 1 to the Professional Services Agreement (PSA) with CW Driver of Irvine, for Schematic Design and Design Development Phases of City Hall and Park program management services at a not to exceed price of $647,018, and authorize the Mayor and City Clerk to execute the agreement; b) approve Amendment No. 1 to the PSA with Leighton Consulting, Inc. of Irvine to provide supplemental geotechnical exploration and consulting services at a not to exceed price of $18,555, and authorize the Mayor and City Clerk to execute the agreement; c) approve Amendment No. 2 to the PSA with Leighton Consulting, Inc. of Irvine, to prepare a design -level geotechnical report at a not to exceed price of $33,574, and authorize the Mayor and City Clerk to execute the agreement; and d) approve a budget amendment (09BA- 054) authorizing $954,000 in additional funding for the Schematic Design and Design Development Phases of City Hall and Park for program management, environmental services, and geotechnical services from unappropriated Major Facilities Master Plan fund to the City Hall and Park Account No. 7410- C1002009. The motion carried by the following roll call vote: Ayes: Council Member Henn, Mayor Selich, Council Member Daigle XIX. CURRENT BUSINESS Council Member Rosansky, Mayor Pro Tem Curry, Member Webb, Council Member Gardner, Council 15. CHANGE TO NBMC 11.08.010 - OBSTRUCTION ON PUBLIC BEACHES PROHIBITED. 1100 -20091 Police Captain Johnson reported that the use of easy -ups and other tent -like devices on the beach takes up space, obstructs views, are an eyesore, and prohibits Police personnel from observing all areas of the beach, which is a safety concern. He stated that the amendment to the Code will ban the use of such devices. In response to Council Member Gardner's question, Captain Johnson stated that Council can consider other regulatory options. Council Member Rosansky stated that the shade devices should be regulated, not banned, and suggested that the item be continued for further discussion. Council Member Henn stated that sun exposure is an issue and believed that umbrellas would not supply sufficient shade to beachgoers. Mayor Selich noted that residents of Big Corona should be notified to discuss the issue further. Motion.—by_Council Member Rosansky to continue the item to the June 9 meeting. The motion carried by the following roll call vote: Volume 59 - Page 172 City of Newport Beach City Council Minutes May 26, 2009 Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle 16. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SEVEN OF THE CITY COUNCIL'S 2009 PRIORITIES. [100 -20091 City Manager Bludau showed a PowerPoint presentation to discuss the following Council priorities: minimizing the adverse impacts of John Wayne Airport (JWA), the organizational performance improvement effort, the development and adoption of the FY 2009 -2010 budget, the Facilities Financing Plan (FFP), enforcement of the City's group homes regulations, the General Plan, and fire hazard reduction in Lower Buck Gully. In response to Council Member Gardner's question, City Manager Bludau confirmed that in order to invoke the borrowing of property tax revenues via Proposition 1A, a 2/3 vote of the State Legislature is needed. Council Member Henn expressed support for the proposed legislation relating to group homes since it would assist the City with this issue. Assistant City Manager Wood provided information relative to aligning the City's Code, regulations, and policies with the General Plan. Council Member Webb requested a report from the Battalion Chiefs that were at the Santa Barbara fire. He expressed concern about the similarities of the burned area to areas of this City, and believed that educating residents and staff would be helpful. 17. CITY COUNCIL CONSIDERATION OF A REVISED CITY MANAGER JOB DESCRIPTION. 1100 -20091 City Manager Bludau reported that the job description has not been revised in 10 years. He noted that Council Member Henn, on behalf of the Council sub- committee, worked with him and Human Resources Director Cassidy, and recommended that Council approve the changes. Council Member Henn stated that the job duties are consistent with the City Charter's general description and includes essential attributes that go beyond technical job responsibilities and qualifications. Mayor Selich thanked Council Member Henn for incorporating Council's ideas into the job description. Motion by Council Member Gardner to approve the revised City Manager job description. 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 S18. FORMATION OF AN AD HOC COMMITTEE FOR NEGOTIATING THE INTERNATIONAL BAY CLUBS' NEWPORT BEACH COUNTRY CLUB Volume 59 - Page 178 City of Newport Beach City Council Minutes May 26, 2009 DEVELOPMENT AGREEMENT (C4169).[381100-20091 Mayor Selich appointed himself and Council Member Rosansky to the committee Mo ion. by Mayor Pro Tem. Cur1y to a) adopt Resolution 2009 -28 forming the Ad Hoc Committee to Negotiate the International Bay Clubs' Newport Beach Country Club Development Agreement; and b) confirm the Mayor's appointment of Mayor Selich and Council Member Rosansky to the committee. 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 XX. MOTION FOR RECONSIDERATION - None XXI. ADJOURNMENT - Adjourned at 7:58 p.m. to Tuesday, June 9, 2009, at 3:00 p.m. to continue the Fiscal Year 2009 -2010 budget discussions. The agenda for the Regular Meeting was posted on May 20, 2009, at 4:19 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 22, 2009, at 4:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Mayor Volume 59 - Page 174