HomeMy WebLinkAbout07/27/2010 - Regular MeetingCity Council Minutes
City Council Regular Meeting
July 27, 2010 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 5:20 p.m.
A. Conference with Legal Counsel - Existing Litigation (Government Code §
54956.9(a)): Four matters:
1. Pacific Shores v. Newport Beach, U.S. District Court Case No. SACV 08-
00457 AG (PLAx)
2. Newport Coast Recovery and Yellowstone Recovery v. City of Newport
Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx)
3. Cross -Claim Against Morningside Recovery as the only remaining portion of
the Concerned Citizen's v. City of Newport Beach, U.S. District Court Case
No. SACV 08- 00192 -JVS (RNBx)
4. Banning Ranch Conservancy v. City of Newport Beach, Orange County
Superior Court Case No. 30- 2010- 00365758
B. Conference with Labor Negotiators (Government Code § 54957.6): One matter:
Agency Designated Representatives: Negotiator Bill Avery; Assistant City Manager
Dana Smith; Human Resources Director Terri Cassidy; Administrative Services
Director Tracy McCraner
Employee Organizations: Newport Beach City Employees Association; Newport Beach
Professional and Technical Employees Association; Newport Beach Employee League
C. Conference with Legal Counsel - Anticipated Litigation - Initiation of
Litigation (Government Code § 54956.9c L, One matter:
Potential filing of amicus curie papers in Bay Island Club v. California Coastal
Commission, Orange County Superior Court Case No. 30- 2009 - 00126561
D. 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 one public employee
Title: City Attorney
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
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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
City Attorney Hunt reported on an issue related to the argument in favor of the ballot
measure and the Bay Island Club case (Item II.C).
VII. PLEDGE OF ALLEGIANCE - Council Member Gardner
VIII. INVOCATION_ - Mr. Frank Carpenter
IX. PRESENTATION
Mayor of Placilla, Chile - Carol McDermit introduced Mayor Luis Silva and his family.
Mayor Silva, translated by Jeff Cannon, discussed the town of Placilla, expressed his gratitude
for the opportunity to initiate an exchange program with the City of Newport Beach, and
presented wine to the Council.
X. NOT_I_CE TO THE PUBLIC
M. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR
Council Member Selich requested staff to prepare a report for the August 10 Study Session
regarding solar panels and any necessary changes that may need to be made to make the City
Code compliant with State legislature.
Mayor Pro Tem Henn commented on the successful opening of the Farmer's Market in Lido
Marina Village.
Council Member Daigle discussed the 44th Balboa Yacht Club Annual Governor's Cup
International Junior Championship, congratulated the Newport Harbor Yacht Club for their
efforts, and thanked the supporters of the event. She also reported on a forum that involved
Hoag Hospital for businesses and individuals that will be affected by changes in healthcare.
Council Member Webb noted his trip with Mayor Curry to Antibes, France.
Mayor Curry discussed a Citizen's Satisfaction Survey that will be mailed out to residents, his
and Council Member Webb's trip to France, a Certificate of Excellence from the Government
Finance Officers Association (GFOA), the Back Bay Paints the Bay Fundraiser; two Meet the
Mayor sessions conducted over the weekend, his walkthrough of the new OASIS Senior Center,
and Concerts in the Park. He also commented on recent issues in the City of Bell and the City
of Newport Beach's commitment to transparent government. Council Member Gardner further
noted that Council Members are not paid to serve on committees.
City Manager Kiff noted that budget detail documents are available in the Library and on the
City's website.
XII. CONSENT CALENDAR
A. READING OF MINUTESIORDINANCES AND RESOLUTIONS
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1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETING OF
JULY 6, 2010. 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. RESOLUTIONS FOR ADOPTION
4. GENERAL MUNICIPAL ELECTION -NOVEMBER 2, 2010: ADOPTION
OF RESOLUTIONS CALLING THE ELECTION AND REQUESTING
CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION FOR
THE PURPOSE OF THE ELECTION OF MEMBERS OF THE CITY
COUNCIL FOR THE FIRST, THIRD, FOURTH, AND SIXTH DISTRICTS
[100- 20101. a) Adopt Resolution No. 2010 -81 Calling and Giving Notice of the
Holding of a General Municipal Election to be Held on Tuesday, November 2,
2010 for the Election of Members of the City Council as Required by the
Provisions of the City Charter; and b) adopt Resolution No. 2010 -82 Requesting
the Board of Supervisors of the County of Orange to Consolidate a General
Municipal Election to be Held on Tuesday, November 2, 2010, with the
Statewide General Election to be Held on the Same Date Pursuant to California
Elections Code Section 10403.
5. NEXTG WIRELESS TELECOM PERMITS FOR DISTRIBUTED
ANTENNA SYSTEM WITHIN THE PUBLIC RIGHT -OF -WAY:
TELECOM PERMIT NO. TP2009 -003 FOR 1101 (CS) EAST COAST
HIGHWAY; TELECOM PERMIT NO. TP2009 -004 FOR 2346 (CS) EAST
COAST HIGHWAY, TELECOM PERMIT NO. TP2009 -005 FOR 4501 (CS)
WEST COAST HIGHWAY; TELECOM PERMIT NO. TP2009 -006 FOR
5100 (CS) EAST COAST HIGHWAY; TELECOM PERMIT NO. TP2009-
007 FOR 6228 (CS) EAST COAST HIGHWAY); TELECOM PERMIT NO.
TP2009 -008 FOR 3215 (CS) MARCUS AVENUE; AND TELECOM
PERMIT NO. TP2009 -009 FOR 202 (CS) SANTA ANA AVENUE [681100-
20101. a) Adopt Resolution Nos. 2010 -83 to 2010 -87 denying
Telecommunication Permits Nos. TP2009 -003, TP2009 -004, TP2009 -005,
TP2009 -006, and TP2009 -007; and b) adopt Resolution Nos. 2010 -88 and 2010 -
89 approving, with conditions, Telecommunication Permit Nos. TP2009 -008 and
TP2009 -009, and the fiber optic network associated with those sites.
Council Member Daigle recused herself.
6. EXTENSION OF TERM FOR WATER TAXI EXPLORATORY
COMMITTEE [100 - 20101. Adopt Resolution No. 2010 -90 extending the term
of the Water Taxi Committee six months from September 30, 2010 to March 30,
2011 to allow it to assist in developing a work plan fora Water Taxi RFP.
D. CONTRACTS AND AGREEMENTS
7. MARINA PARK - APPROVAL OF PROFESSIONAL SERVICES
AGREEMENTS WITH RABBENIHERMAN DESIGN OFFICE AND
GABLE CONSULTING (C- 4030A). a) Approve and authorize the Mayor to
execute a new Professional Services Agreement with Rabben/Herman Design
Office to provide permitting support; project plans, specifications, and other
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necessary construction documents /reports; and project construction observation
services for a cost not to exceed $2,203,713; and b) approve and authorize the
Mayor to execute Amendment No. 5 to the Professional Services Agreement
with Gable Consulting to provide Project Management Services including
oversight of the various design consultants, project permitting, design review
and cost estimating, value engineering, project scheduling, construction bid and
award services and other necessary project support services for a cost not to
exceed $144,345.
8. SEASHORE DRIVE AND PEARL AVENUE TIDE GATE
REPLACEMENT (C -4476) - AWARD OF CONTRACT [381100- 2010]. a)
Approve the project drawings and specifications; b) award C -4476 to Atlas -
Allied, Inc. for the total bid price of $92,300, and authorize the Mayor and the
City Clerk to execute the contract; and c) establish an amount of $7,700 to
cover the cost of unforeseen work.
9. CONTRACT APPROVAL WITH A FORMER CITY EMPLOYEE -
COUNCIL POLICY F -20 (C -4586) [381100- 2010). Authorize the City
Manager to execute a contract with former City employee Steve Bunting for
analytical assistance in the City Manager's office for up to six months.
10. OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING (C-
4524) - AWARD OF CONTRACT [381100- 2010]. a) Approve the project
drawings and specifications; b) award C -4524 to R.J. Noble Company for the
total bid price of $149,924.50, and authorize the Mayor and City Clerk to
execute the contract; and c) establish an amount of $15,000.00 (10 %) to cover
the cost of unforeseen work.
E. MISCELLANEOUS
12. PLANNING COMMISSION AGENDAS FOR JULY 13, 2010, AND JULY
15, 2010 [100 - 2010]. Receive and file written report.
13. RESPONSIBLE BEVERAGE SERVE (RBS) TRAINING [100 - 2010].
Receive and file.
Matthew Thomas discussed alcohol - related statistics.
14. APPOINTMENT OF LAURA MEIER TO ENVIRONMENTAL QUALITY
AFFAIRS COMMITTEE (EQAC) [100 - 2010]. Confirm Council Member
Leslie Daigle's appointment of Laura Meier to the vacant District 4 position.
Motion by Mayor Pro Tem Henn seconded by Council Member Webb to
approve the Consent Calendar, except for the items removed (3, 11 and 15); and noting
Council Member Daigle's recusal on Item 5.
The 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
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
3. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 7.04.030 IF
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TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO
ANIMALS PROHIBITED ON PUBLIC BEACHES [100- 2010].
Shirley Reinker and Michael Hernick expressed support for unrestricted winter hours.
Trish Knapp expressed support for the proposed extended hours.
Christopher Steneman expressed support for extending hours in winter.
Gregg Reinker noted the cleanliness of the beach, supported unrestricted winter hours,
and read a letter from Dr. Kimberly Jameson in support of increasing beach access
hours for leashed dogs.
Council Member Gardner and Council Member Rosansky expressed support for
unrestricted winter hours for dogs on the beach. Council Member Webb
recommended referring the issue to the PBR Commission.
Police Captain Johnson noted that different hours during summer and winter may
be difficult to enforce. Mayor Pro Tern Henn suggested leaving summer hours (May 15
to September 15) unchanged and removing winter restrictions.
Motion by Mayor Pro Tern Henn, seconded by _Council Member Rosanskv to a)
approve the amended recommendation to amend Section 7.04.030 of Title 7 of the
Newport Beach Municipal Code changing the current hours of 9:00 a.m. to 5:00 p.m. to
the proposed hours of 9 :00 a.m. to 5:00 p.m. during May 15 to September 15, which
prohibits any animal in the areas as designated in Section 7.04.025 of Title 7; and b)
introduce Ordinance No. 2010 -13 amending the hours that any animal is prohibited in
the area as designated in Section 7.04.025 of Title 7, and pass to second reading on
August 10, 2010.
The motion carried by the following roll call vote:
Ayes: Council Member Rosansky, Mayor Pro Tern Henn, Mayor Curry, Council Member
Gardner, Council Member Daigle
Noes: Council Member Selich, Council Member Webb
11. PROFESSIONAL SERVICES AGREEMENTS RELATED TO THE CIVIC
CENTER PROJECT FINANCING (C -4527) [381100- 20101. a) Adopt Budget
Amendment No. I IBA -001 appropriating $410,000 from future bond proceeds for initial
financing costs associated with the financing of the proposed Civic Center project; and
b) approve Professional Services Agreements with: l) Field Rolapp & Associates for
Financial Advisory Services; 2) Stradling Yocca Carlson & Rauth for Bond Counsel
Services; 3) Hawkins Dela£ield & Wood LLP for Disclosure Counsel Services; and 4)
William R. Hansen and Associates for Appraisal and Valuation Services.
In response to Council Member Daigle's question, Public Works Director Badum
discussed cost estimates and Administrative Services Director McCraner discussed the
financing schedule:
Motion by Council Member Webb seconded by Council Member Gardner to a)
adopt Budget Amendment NoJIBA -001 appropriating $410,000 from future bond
proceeds for initial financing costs associated with the financing of the proposed Civic
Center project; and b) approve Professional Services Agreements with: 1) Field Rolapp
& Associates for Financial Advisory Services; 2) Stradling Yocca Carlson & Rauth for
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Bond Counsel Services; 3) Hawkins Delafield & Wood LLP for Disclosure Counsel
Services; and 4) William R. Hansen and Associates for Appraisal and Valuation
Services.
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
15. REQUEST FOR WAIVER OF CITY COUNCIL POLICY B-8 FROM OC GRAN
FONDO AS AN ANNUAL 13TH EVENT [100 - 20101.
Proponent Cameron Jackson discussed details of the event, that the event is open to the
public, and that the date will be flexible the following years.
Following discussion and with the concurrence from Recreation staff, Council
determined that a permit is not needed for the event and no action is required.
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported that the Citizen's Aviation Committe utilizes an interested
parties list to keep residents informed and encouraged residents to sign up.
Council Member Gardner reported on a Dye Tab Program presented at the Coastal/Bay Water
Quality Committee and findings from an Orange County Sanitation District Operations
Committee meeting.
Mayor Pro Tem Henn reported on a business license tax presentation at the Economic
Development Committee meeting, that a sub - committee will be formed on the issue, and that
the zoning code proposal was discussed. He also reported on the Finance Committee's review of
and recommended changes to the Investment Policy, and on the West Newport Safety
Committee that discussed the 4th of July weekend.
XV. PUBLIC HEARINGS
16. RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP PROJECT:
MITIGATED NEGATIVE DECLARATION [100 - 20101.
Harbor Resources Manager Miller utilized a PowerPoint presentation to discuss the
Rhine Channel Cleanup Project, its historical use, the project site, project details,
potential impacts, Best Management Practices (BMPs), and the environmental review.
In response to Council questions, he discussed timeframes and costs, boat access, and
the Port of Long Beach application.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the
public hearing.
Motion by Council Member Daigle, seconded by Council Member Webb to a)
adopt Resolution No. 2010 -91 approving the Mitigated Negative Declaration, and the
Mitigated Monitoring and Reporting Program on the basis of the environmental record;
and b) approve the project which includes removing contaminated sediments in the
Rhine Channel and depositing those sediments in the Port of Long Beach.
The motion carried by the following roll call vote:
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XVI.
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
17. CLIFF DRIVE APPEAL (PA2009.149) - 2949 CLIFF DRIVE (MODIFICATION
PERMIT NO. MD2009 -030): APPEAL OF PLANNING COMMISSION DECISION
TO DENY MODIFICATION PERMIT NO. MD2009 -030 FOR THE
ENCROACHMENT OF PORTIONS OF AN EXISTING OUTDOOR ROOM AND
EXTERIOR FIREPLACE INTO REQUIRED SIDE YARD AND REAR YARD
SETBACKS [100- 20101.
Senior Planner Campbell utilized a PowerPoint presentation to display maps and
photographs of the structure.
Council Member Webb questioned whether the builders of the project are licensed.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the
public hearing.
Motion by Council Member Rosansky, seconded by Council Member Webb to
adopt Resolution No. 2010 -92 to deny Modification No. 2009 -030, subject to the findings
included within the resolution.
The motion carried by the following roll call vote:
Aye's: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
Mayor Curry spoke on behalf of Laura Dietz to report that the Lobster Fest starts on Sunday,
August 1.
XVI. CONTINUED BUSINESS
18. HOAG MEMORIAL . HOSPITAL PRESBYTERIAN - DEVELOPMENT
AGREEMENT ANNUAL OOMPLIANCE REVIEW [100- 20101.
Motion by Council Member Webb, seconded by Council Member Rosansky to
continue the item to September 14, 2010.
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
19. SALE OF BONDS FOR ASSESSMENT DISTRICT NO. 100 [891100-20101.
Motion by Council Member Webb seconded by Council Member Rosansky to a)
adopt Resolution No. 2010 -93 determining the remaining unpaid assessments for
Assessment District No. 100 (13th St.Malboa Blvd. /Adams St. /Ocean Front); and b)
adopt Resolution No. 2010 -94 authorizing the issuance and sale of limited obligation
bonds with respect to Assessment District No. 100; approving the form of the Bond
Indenture providing for the form, execution and issuance of said bonds, approving the
form of the Bond. Purchase Contract, the Preliminary Official Statement and the
Disclosure Dissemination Agent Agreement,. all pertaining to said bonds; and
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XVII.
authorizing related actions and execution of related documents in respect of the
issuance, sale and delivery of said bonds.
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
S23. CITIZENS TECHNOLOGY TASK FORCE REPORT [100 - 2010].
Motion by Council Member Webb. seconded by Mayor Pro Tem Henn to
consider the report prepared by the Task Force and direct the City Manager to return
with an analysis of the recommendations and implementation steps necessary to carry
out the report's key recommendations.
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
20. CREATION OF AN AD HOC COMMITTEE ON UPDATING HARBOR
CHARGES [100- 20101.
Motion by Council Member Gardner, seconded by Council Member Rosansky
to a) adopt Resolution 2010 -95 relating to the City Council Ad Hoc Committee on
Updating Harbor Charges; and b) appoint Mayor Pro Tem Henn, Council Member
Selich, and Council Member Rosansky to the Committee.
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
21. DESIGNATION OF VOTING DELEGATES FOR 2010 LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE - SEPTEMBER 15-17,2010, IN
SAN DIEGO [100 - 20101.
Motion by Council Member Gardner, seconded by Council Member Rosansky
to designate Council Member Daigle as the City's Voting Delegate for the Conference
and Mayor Curry as the Voting Alternate.
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
22. CREATION OF AN AD HOC COMMITTEE ON THE RE -USE OF THE CITY
HALL SITE (C -4588) [381100- 20101.
Mayor Pro Tem Henn expressed his support and felt that this is a rational approach to
develop a coordinated and integrated plan.
Council Member Daigle also expressed support for the approach and noted the need
for flexibility.
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Council Member Webb felt that public uses should be considered for the site.
Willie Boyd asked Council to consider the construction of a hotel and parking structure
on the site.
Doug Dryer received confirmation that public input would be allowed during
the committee meetings.
Motion by Council Member Webb seconded by Council Member Gardner to a)
adopt Resolution No. 2010 -96 relating to the City Council Ad Hoc Committee on the Re-
Use of the City Hall Site; b) appoint Mayor Curry, Mayor Pro Tern Henn, and Council
Member Rosansky to the Committee; and c) waive provision of Council Policy F -14 to
allow the hiring of Tim Collins as Project Manager for this effort.
The 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
S24. GENERAL MUNICIPAL ELECTION - NOVEMBER 2, 2010: ADOPTION OF
RESOLUTION CALLING THE ELECTION FOR THE PURPOSE OF
SUBMITTING A QUESTION FOR PROPOSED CHARTER AMENDMENTS AND
ORDINANCE REPEALS [391100- 2010].
City Attorney Hunt discussed details of the opposition by Construction Industry Force
Account Council (CIFAC) and clarified the proposed language change.
After discussion, it was agreed that the dollar amount threshold would be $120,000.
Motion by Council Member Selich. seconded by Mayor Pro Tern Henn to adopt
Resolution No. 2010 -97 calling the election for the purpose of submitting a question for
proposed Charter amendments and ordinance repeals.
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
XVIII. MOTION FOR RECONSIDERATION - None
XIX ADJOURNMENT - Adjourned at 9:10 p.m. in memory of Gregory Vance Gushaw.
The agenda for the Regular Meeting was posted on July 21, 2010 at 4:55 p.m. and the
supplemental agenda for the Regular Meeting was posted on July 23, 2010 at 2:45
p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building. A It, A
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