HomeMy WebLinkAbout05/25/2010 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
May 25, 2010 — 7:00 p.m.
I. STUDY SESSION - 3:30 p.m.
II. CLOSED SESSION
A. Conference with-Legal Counsel _- _ Existing Litigation (Government -Code
54956.90: Six matters:
1. Status Report on Pending Litigation: We will report on a global basis on
all pending litigation involving the City. This is an informational item only. No
action, however, may be taken on any item unless it is specifically noticed
below.
2. Kimberly Layne us. City of Newport Beach - OCSC Case No. 30-2009 -
00326399-CU-PO-CJC
3. Olson us. City of Newport Beach - OCSC Case No. 30- 2010 - 00371973
4. Pacific Shores u, Newport Beach - U.S. District Court Case No. SACV 08-
00457 AG (PLAx)
5. Newport Coast Recovery v. City of Newport Beach - U.S. District Court
Case No. SACV 09 -0701 DOC (ANx)
6. Yellowstone v. City of Newport Beach - U.S. Dept. of Housing & Urban
Development Investigation No. 09 -09- 0834 -8
B. 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
C. Conference with Labor Negotiators_(_ Government Code § 54957.6):
Age= Designated_ Representatives: Bill Avery of Avery & Associates and Terri
Cassidy, Human Resources Director
Employee _Organ_izations: Multiple Newport Beach associations: Police Employees
Association (PEA), Police Management Association (PMA), Newport Beach Employees
League (NBEL), Newport Beach Professional & Technical Employees Association (Prof-
Tech), and Newport Beach City Employees Association (NBCEA)
III. RECESS
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IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSED_ SESSION REPORT - None
VII. PLEDGE OF ALLEGIANC_E- Council Member Rosansky
VIII. INVOCATION -Mayor Curry
IX. PRESENTATION
Recognition of Elizabeth Nguyen for Receiving a Disneyland Resort Scholarship
Award - Danielle Dubois, Disney Resort Ambassador, highlighted Elizabeth Nguyen's
accomplishments, and Mayor Curry read the proclamation and presented it to Miss Nguyen.
X. NOTICE TO THE PUB_L_I_C
XI. CITY COUNCIL ANNOUNCE_ MENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE _PLACED ON A AGENDA FOR DISCUSSION ACTION_ OR
REPORT (NON- DISCUSSION ITEMZ
Council Member Daigle reported on the success of the Senior Citizen Forum that was conducted
on May 17 at the Central Library and thanked Congressman Campbell's office for their
assistance.
Council Member Gardner announced that the Corona del Mar 5K will be held on Saturday,
June 5.
Council Member Selich announced that the 17th Annual Balboa Island Parade will be held on
Sunday, June 6, from 11:00 a.m. to 2:00 p.m.
Mayor Pro Tem Henn discussed the fundraising success of this year's Relay For Life
Mayor Curry discussed the Newport Beach Exchange Club's Field of Honor at Castaways Park,
the success of the Newport Beach Jazz Festival and Balboa Island Art Walk, and the grand
opening of the Clean Natural Gas (CNG) facility at the City Yard. He announced that he spoke
at the Leadership Tomorrow Annual Meeting, held a Meet the Mayor session at Mariners
Library, and was elected to the Orange County League of California Cities (OCLCC) Board of
Directors. He also reported that art in public spaces will be discussed at the Orange County
Museum tomorrow.
XII. CONSENT CALENDAR
A. READING OF MIN UTES/ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR MEETING AND
REGULAR MEETING OF MAY 11, 2010. Waive reading of subject minutes,
approve as amended, and order filed.
Mayor Pro Tem Henn noted his abstention to this item since he did not
attend the May 11 meeting. Without objection, Council Member
Gardner requested that Page 468 be amended to read, "Council
Member Gardner suggested that the City Traffic Engineer determine
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criteria for a sharrows test program.'
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. ORDINANCE FOR INTRODUCTION
3. AMENDMENT.TO SECTION 11.03.020(B) OF THE NEWPORT BEACH
i MUNICIPAL CODE PERTAINING TO SPECIAL EVENT PERMITS.
[100 -2010] Introduce Ordinance No. 2010 -10 amending Newport Beach
Municipal Code Section 11.03.020(B) to eliminate farmers' markets from the
special event permit process, and pass to second reading on June 8, 2010.
C. RESOLUTIONS FOR ADOPTION
4. APPROVAL OF RESOLUTION ADOPTING A SUPPLEMENTAL
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
NEWPORT BEACH AND THE NEWPORT BEACH LIFEGUARD
MANAGEMENT ASSOCIATION [C- 2058(D)]; AND ADOPTION OF
RESOLUTION IMPLEMENTING A Ca1PERS TIME -IN -GRADE
EXCEPTION. [381100 -2010] a) Adopt Resolution No. 2010 -48 adopting the
Memorandum of Understanding between the City of Newport Beach and the
Newport Beach Lifeguard Management Association; and b) adopt Resolution
No. 2010 -49 adopting the Ca1PERS Employer Paid Member Contribution Time -
in -Grade Exception.
Mayor Curry commended the Newport Beach Lifeguard Management
Association for working with the City to, reduce costs and expressed
the City's appreciation.
D. CONTRACTS AND AGREEMENTS
5. CIP STAFF SUPPORT SERVICES - APPROVAL OF AMENDMENT NO.
1 TO . PROFESSIONAL SERVICES AGREEMENT WITH
ANDERSONPENNA PARTNERS, INC. (C- 4542). [381100 -2010] Approve
Amendment No. 1 to Professional Services Agreement with AndersonPenna
Partners, Inc. (AndersonPenna) for Engineering and Inspection Support
Services at a not to exceed General Fund Cap of $223,000, as well as a not to
exceed budgeted enterprise project fund cap of $200,000, and authorize the
Mayor and City Clerk to execute the Agreement.
6. COASTAL ACCESS AND PEDESTRIAN CIRCULATION
IMPROVEMENTS (C -3628) - COMPLETION AND ACCEPTANCE.
[381100 -2010] 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; c) release the Faithful
Performance Bond one year after Council acceptance; and d) authorize the City
Manager and General Services Department to increase their FY10 /11
Operating and Maintenance Budget by $9,386 annually to accommodate the
increased annual maintenance.
IRVINE AVENUE SIDEWALK WIDENING (C -4432) - COMPLETION
AND ACCEPTANCE. [381100 -2010] a) Accept the completed work and
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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.
8. ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT (C-
4232) - AWARD OF CONTRACT. [381401100 -2010] a) Approve the project
drawings and specifications; b) award the contract (C -4232) to Macadee
Electrical Construction, Inc. for the total contract price of $725,928.00, and
authorize the Mayor and the City Clerk to execute the contract; c) establish a
construction contingency amount of $181,482 (25% of total bid) to allow for
upgrades to the work if opportunities arise and to cover the cost of unforeseen
work; and d) approve Budget Amendment No. IOBA -047 recognizing $853,000
in federal stimulus monies from an Energy Efficiency and Conservation Block
Grant and appropriating $853,300 to Account No. 7251- C2202003 for this
improvement project.
9. AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH MANAGEMENT PARTNERS, INCORPORATED
FOR SPECIAL PROJECTS ASSISTANCE - JAN PERKINS [C- 4396(A)I.
[381100 -2010] Authorize the City Manager to enter into a contract with
Management Partners, Inc. to provide professional services to the City
Manager's Office at a rate of $140 per hour, not to exceed a total amount of
$50,000.
E. MISCELLANEOUS
10. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING
FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011. [321100 -2010] 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 11, 2010, 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.
11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA
STATE LIBRARY AND APPROPRIATE THE FUNDS FOR LIBRARY
SERVICES. [401100 -2010] Approve Budget Amendment No. IOBA -046 to
increase expenditure appropriations by $10,000 in Division 4010 (Support
Services) and Division 4017 .(Systems Services), and to increase revenue
estimates for the same amount of Account No. 4010 -4835, Library Services
Technology Act.
13. 2010 -11 PROPOSED BUDGET HEARING AND 2010 -11
APPROPRIATION LIMIT HEARING. [100 -2010] Schedule a public
hearing of the City's Proposed Budget and Appropriation Limit for the 2010 -11
fiscal year on June 8, 2010, at 7:00 p.m. in the City Council Chambers, 3300
Newport Boulevard, Newport Beach, CA 92663, and direct the City Clerk to
publish a notice of said hearings in accordance with Section 1102 of the
Newport Beach Charter.
14. PLANNING COMMISSION AGENDAS FOR THE MAY 20, 2010 STUDY
SESSION AND REGULAR MEETING. [100 -2010] Receive and file written
reports.
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S16. BARRETT-JACKSON AUCTION COMPANY, LLC BANNERS —
APPROVAL OF ENCROACHMENT PERMIT N2010 -0150. [100 -2010]
Conditionally approve the request of Barrett - Jackson Auction Company, LLC
(Barrett- Jackson) for the installation of 60 private banners on City -owned
street light poles, from June 1, 2010 to June 28, 2010 (installation shall be
along Jamboree Road and MacArthur Boulevard in the Fashion Island area).
S17. PROPOSED BUDGET AMENDMENT REGARDING OUTSIDE
COUNSEL EXPENSE (SPECIAL LITIGATION). [401100 -2010] Approve
Budget Amendment No. IOBA -048 to transfer a combined total of $650,000
from. the General Fund and General Liability reserve funds to cover forecasted
outside counsel costs related to special litigation, allocating (1) $450,000 from
the General Fund reserve fund to the Office of the City Attorney's C"OCA ")
budget line item 0510 -8657; and (2) $200,000 from the General Liability
reserve fund to the General Liability Non -Tort litigation budget line item 6021-
8654.
Council Member Daigle expressed concern about the budgetary
increase in the City Attorney's Office and possible affects this may
have on the City's budget.
Motion by Mayor Pro Tem Henn, seconded by Council Member Rosanskv to
approve the Consent Calendar, except for the item removed (12); and noting the
abstention by Mayor Pro Tem Henn on Item 1 and the amendment to Item 1 by Council
Member Gardner.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
XIIL I_TEMS REMOVED FROM THE CONSENT CALENDAR
12. STREET TREE DESIGNATION FOR HELIOTROPE AVENUE. [100 -2010]
Mark Linam expressed concern that the designated trees will impede his ocean view
and that Heliotrope Avenue will be the only street with three types of street trees. He
suggested using palm trees or thinner trees closest to the water because they will not
block views.
General Services Director Harmon clarified that the proposal is to have one tree per
site. He added that, when the City's arborists met with residents, they were opposed to
using palm trees because they do not provide a canopy. He believed that the selected
trees can be trimmed to keep them low and thinned out to allow for ocean views.
Pat Vranicar expressed opposition to the proposed trees and suggested selecting one
tree for Heliotrope Avenue in order to maintain the charm of the village.
Frank Vranicar stated that he had been emailing Urban Forester Conway and believed
that something needs to be done in the 200 and 300 blocks of Heliotrope Avenue. He
displayed photos of the selected trees when they mature and took issue with the
selections. He believed more citizen input is needed before approving the tree
selections, volunteered his services, and recommended tabling the item.
In response to Council questions, General Services Director Harmon discussed how the
recommended designated street trees were selected by the Urban Foresters. He added
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that staff felt that these trees were the best for the neighborhood given the growth
space and that the residents in attendance at the Parks, Beaches and Recreation
Commission meeting were supportive of the selections. He reported that trees are only
removed that pose a public danger or are sick.
Council Member Rosansky questioned the need for three different trees for one street.
Council Member Gardner requested that the item be continued so she could speak to
Heliotrope Avenue residents about the selections.
Motion by Council Member Gardner, seconded by Council Member Rosansky
to continue the item to the June 22, 2010, Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tom Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported that the Aviation Committee met Monday and received a
presentation from John Wayne Airport (JWA) about the noise monitoring system. She
suggested placing this presentation on the City's website. She noted that attendance at the
meetings is growing, in part due to AirFare's involvement. Council Member Webb also noted
the active participation by the Airport Working Group (AWG).
Council Member Gardner reported that the Coastal/Bay Water Quality Committee is looking
into a number of issues that involve unfunded mandates by the State and indicated that the
Committee will be forwarding suggestions to Council regarding sending letters to various
agencies.
Mayor Pro Tom Henn reported that the Economic Development Committee (EDC) received a
presentation relative to the updated draft Zoning Code and expressed the importance of the
document. He encouraged residents to attend the meetings in which the Zoning Code will be
discussed.
XV. PUBLIC COMMENTS
Mark Carlozzi spoke regarding Assessment District No. 101 and asked the City Council for
assistance in enforcing the City's contract with Southern California Edison (SCE). He noted
that all of the residents have completed their part for the Assessment District, reported that
SCE has not fixed the transformer issue at Newport Landing, and believed that this delay is
holding up the removal of all the poles in the right -of -way. He noted that the project is behind
schedule because of the delay and.expressed concern that construction will not be allowed after
Memorial Day due to the summer season.
Public Works Director Badum indicated that he will speak with Senior Civil Engineer Lee to
come to some resolution. Mayor Pro Tem Henn stated that he and Public Works were aware
that there were issues with Newport Landing's incomplete plans but did not realize it had been
over a month. He encouraged Public Works to take whatever action necessary to have SCE
comply with its contract. He commended the residents and staff for moving this Assessment
District forward rapidly, and asked staff to look into whether the topping off of the poles has to
wait until the summer season is over.
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XVI. PUBLIC HEARING
15. BEAUCHAMP GENERAL PLAN AMENDMENT AND LOCAL COASTAL
PROGRAM COASTAL LAND USE PLAN AMENDMENT (PA2009 -067) FOR
2000 -2016 EAST BALBOA BOULEVARD - GENERAL PLAN AMENDMENT NO.
GP2009 -001; LOCAL COASTAL PROGRAM COASTAL LAND USE PLAN
AMENDMENT NO. LC2009 -001; AND MITIGATED NEGATIVE DECLARATION
NO. ND2010 -001 - THE AMENDMENT WOULD CHANGE THE LAND USE
DESIGNATIONS FROM PR (PARKS AND RECREATION) TO RS -D (SINGLE
UNIT RESIDENTIAL DETACHED) AND RSD -B (SINGLE UNIT RESIDENTIAL
DETACHED). [100 -2010]
Assistant Planner Nova utilized a Pow.erPoint presentation to highlight the proposed
project. She noted that the site was previously zoned residential before becoming PR
(Parks and Recreation).
Referencing the conceptual development map, Council Member Webb took issue that
the private streets.were included in the square footage count. He believed that the area
would be too dense if five units were allowed on the site. He expressed concern that
anyone looking at this in the future will believe that it was Council's intent to allow five
units on the site since that is what the resolution mentions. He emphasized that the
current General Plan requires lots to be 5,000 square feet. He recommended approving
the General Plan Amendment, but only allowing a maximum of four units on the site.
In response to Council Member Webb's questions, Assistant Planner Nova reported that
the conceptual development plan is not the final project and that approval of the lot
configuration is done during Tract Map approval. She stated that the drawing was
created to allow for optimum driveway access and that the five units provide for
maximum environmental impact analysis. Planning Director Lepo assured Council
that there will be additional review before any lot is subdivided. He reported that the
draft Zoning Code provides flexibility to allow for consistency with the surrounding
area, that no map is being approved at this time, and that the Planning Commission
will review any proposal.
Council Member Selich expressed opposition to limiting the site to four units and noted
that the conceptual development map is for illustrative purposes. Mayor Pro Tem
Henn agreed and pointed out that the final project will be reviewed later.
Motion by Mayor Pro Tern Henn,_ seconded by Council Member Selich to adopt
Resolution No. 2010 -50 adopting Mitigated Negative Declaration No. ND2010 -001 and
approving General Plan Amendment No. GP2009 -001 and Local Coastal Program
CLUP Amendment No. LC2009 -001.
In response to Council Member Gardner's question, Acting City Attorney Mulvihill
stated that, by approving this, the City is not locking itself into what is shown on the
conceptual development plan and noted that tonight is a legislative action.
Mayor Curry opened the public hearing.
Dennis O'Neil, applicant's counsel, stated that they have followed the necessary
procedures to make the project consistent with the Zoning Code and requested Council's
support of the recommendation.
David Beauchamp stated that his family has owned the property for many years and
emphasized that he is requesting approval of the General Plan Amendment, not the
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conceptual plan.
Hearing no further testimony, Mayor Curry closed the public hearing.
Without objection and with the concurrence of Acting City Attorney Mulvihill, Council
Member Webb requested that all references in the resolution to "five units" be changed
to "dwelling units." Mayor Pro Tem Henn indicated that he will amend his motion as
long as the change does not prejudge any limitations that are not otherwise allowable
under the designation that is being requested.
Amended motion by Mayor Pro Tern Henn seconded by Council
Selich to adopt Resolution No. 2010 -50, as amended, adopting Mitigated Negative
Declaration No. ND2010 -001 and approving General Plan Amendment No. GP2009 -001
and Local Coastal Program CLUP Amendment No. LC2009 -001.
The amended motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
XVII. _MOTION FOR RECONSIDERATION - None
XVIII. ADJOURNMENT - Adjourned at 8:13 p.m. in memory of Anita Ferguson, Mike Dexter,
and Ann M. Henn
The agenda for the Regular Meeting was posted on May 19, 2010, at 3:40 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 21,
2010, at 2:18 p.m on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
4" 'P � "IVY-
Recording Secretary
Mayor
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