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Home My WebLink About09/28/2010 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes City Council Regular Meeting September 28, 2010 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 6:00 p.m. A. Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9 (a)): Five 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. City of Newport Beach v. Bach Bay Court, LLC, Orange County Superior Court Case No. 30- 2010- 00385190 5. Shelly v. Northrop and Johnson Yachts, LLC, et. al., Orange County Superior Court Case No. 30- 2010- 00405283 B. Conference with Labor Negotiators (Government Code § 54957.6): Aye nev Designated Representatives Negotiator Bill Avery; Human Resources Director Terri Cassidy Employee Organizations- Newport Beach City Employees Association (CEA); Newport Beach Professional and Technical Employees Association (Prof- Tech); Fire Management Association (FMA) III. RECESS 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 City Attorney Hunt reported that Council authorized defense on the Shelly v. Northrop case by a 7 -0 vote and authorized defense on the NextG Litigation by a 6 -0 vote with Council Member Daigle recusing herself. Volume 59 - Page 581 City of Newport Beach City Council Minutes September 28, 2010 VII. PLEDGE-OF ALLEGIANCE - Council Member Rosansky VIII. INVOCATION -Mayor Curry IX. PRESENTATIONS Presentation of $11,000 Check from the California State Library - Library Services Director Cowell presented the check to Council. Presentation of $156,000 Check from the Newport Beach Public Library Foundation - Tracy Keys, Executive Director of the Newport Beach Public Library Foundation, presented the check to Council. Presentation of $240,800 Check from the Friends of the Library - Friends of the Library Nancy Acone, Susan. Hirsch and Virginia Hader presented the check to Council and thanked the community for donating books. Proclamation to Paul Cahill, General Manager of the Newport Beach Hotel and Spa - Mayor Curry read the proclamation and presented it to Paul Cahill. Paul Cahill thanked Council for their recognition. X. NOTICE TO THE PUBLIC M. 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 Daigle noted that planning is underway for a celebration of the completion of the Upper Newport Bay Ecological Restoration Project. Council Member Gardner announced that there will be a presentation by the Newport Beach Historical Society on October 7, and expressed concern with minute taking practices for Planning Commission meetings. Assistant City Manager Smith noted that those minutes will be improved. Mayor Curry reported on the Statewide meeting of the League of California Cities, the California Special Districts Annual Conference, the Coastal Cities Bike Coalition Meeting, the one year anniversary of Newport Beach Magazine and the 9th anniversary of Riviera Magazine, the U.S. Lawn Bowling Open, the official opening of the OASIS Senior Center on October 9, and congratulated Newport Harbor High School on winning the Battle of the Bay. XII. CONSENT CALENDAR A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETING OF SEPTEMBER 14, 2010. 1100 -20101 Waive reading of subject minutes, approve as written, and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. [100 -20101 Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. B. ORDINANCE FOR ADOPTION 3. CODE AMENDMENT AND INTERIM STUDY OVERLAY FOR THE Volume 59 - Page 582 City of Newport Beach City Council Minutes September 28, 2010 NEWPORT BEACH WINERY PROPOSED AT 869 WEST 16TH STREET. [100 -20101 Conduct second reading and adopt Ordinance No. 2010 -17 relating to Zoning Code Amendment No. CA2010 -005 to apply the Interim Study Overlay District by revising District Map Nos. 22 and 25, which will allow for Food Processing uses, including proposed winery, at a light industrial property located at 869 West 16th Street. C. RESOLUTIONS FOR ADOPTION 4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO UNITED PACIFIC WASTE, A CALIFORNIA CORPORATION. [421100- 20101 a) Adopt Resolution of Intention No. 2010 -109 to conduct a public hearing on October 26, 2010 to consider the award of a Non - exclusive Solid Waste Franchise to United Pacific Waste, a California corporation; b) introduce Ordinance No. 2010 -19 granting a Non - exclusive Solid Waste Franchise to United Pacific Waste, a California corporation for a first reading, and pass to second reading on October 26, 2010; and c) adopt the Ordinance granting the Franchise at the conclusion of the October 26, 2010 public hearing. 6. ADOPT A RESOLUTION ESTABLISHING "NO PARKING" RESTRICTIONS ON DESIGNATED STREETS ON SPECIFIC DAYS AND TIMES TO IMPROVE STREET SWEEPING EFFECTIVENESS AND RESCINDING RESOLUTION NO. 2009 -5 AND A CHANGE TO STREET SWEEPING RESTRICTIONS ON VISTA DEL ORO AND MAR VISTA. [100- 20101 a) Rescind Resolution No. 2009 -5; and b) adopt Resolution No. 2010 -111 establishing "NO PARKING" restrictions on designated streets on specific days and times to improve street sweeping effectiveness for street sweeping throughout the City including revisions to add the north side of 26th Street from Newport Boulevard to the east street end and to revise "NO PARKING" restrictions on the full length of Vista Del Oro and Mar Vista Drive. 7. ADOPT A RESOLUTION TO AMEND THE STREET TREE DESIGNATION LIST FOR HELIOTROPE AVENUE. [100 -20101 Adopt Resolution No. 2010- 112 to amend the City Street Tree Designation for Heliotrope Avenue to remove the Japanese Black Pine and list the Kentia Palm and Dwarf Southern Magnolia as the designated tree species for that neighborhood. D. CONTRACTS AND AGREEMENTS 8. AGREEMENT TO PROVIDE SANITARY SEWER SERVICES TO CANYON FAIRWAY COMMUNITY (C- 4611). [381100 -20101 a) Receive a letter request from the Canyon Fairway Community Association (CFCA) for transfer of ownership /maintenance of the sanitary sewer system; b) authorize the Mayor and City Clerk to execute the agreement to provide sanitary sewer services to the community of Canyon Fairway; c) authorize the City Manager to sign a Certificate of Acceptance to accept the necessary sewer and storm water easements; d) approve draft Proposition 218 notice and direct staff to send to property owners; and e) set public hearing for November 23, 2010, to tabulate protests. 9. HEARING OFFICER SERVICES RELATING TO TITLE 20 HEARINGS (C- 4612). [38/100 -20101 Approve the City Manager's recommendation to contract with Hon. John C. Woolley (retired) to conduct Administrative Hearings on Title 20 matters. In response to Mayor Pro Tem Henn's questions, City Attorney Hunt Volume 59 - Page 583 City of Newport Beach City Council Minutes September 28, 2010 noted that Hon. John C. Woolley does reside in Newport Beach. 10. BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS - AWARD OF CONTRACT (C -3802, C- 4613). [381100 -20101 a) Approve the project drawings and specifications; b) accept Westcoast Public Work's request to withdraw their bid; c) award Contract No. 3802 to the second low bidder, John T. Malloy, Inc., for the total bid price of $286,050, and authorize the Mayor and the City Clerk to execute the contract; d) establish an amount of $43,000 (15 %) to cover the cost of unforeseen work; and e) additional contract costs of approximately $14,450 in consulting geotechnical services is estimated for this project and will be performed under the On -call Professional Services Agreement with Harrington Geotechnical Engineering, Inc. 11. LIFEGUARD HEADQUARTER ROOF REPLACEMENT - AWARD OF CONTRACT (C- 4599). [381100 -20101 a) Approve the project specifications; b) award Contract No. 4599 to All Weather Roofing for the total bid price of $36,350, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $10,000 to cover the cost of unforeseen work; and d) appropriate future California Emergency Management Agency (Cal EMA) grant revenues up to $47,350 into 2355 -489C to reimburse Fire/Lifeguards for the roof replacement costs. 13. 2009 -2010 CITYWIDE SLURRY SEAL - COMPLETION AND ACCEPTANCE (C- 4270). [381100 -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. 14. OWNER CONTROLLED INSURANCE PROGRAM (OCIP) FOR THE CIVIC CENTER PROJECT - SELECTION OF BROKER /ADMINISTRATOR (C- 4614). [381100 -20101 a) Approve Budget Amendment No. IIBA -011 appropriating funds from the Civic Center Project (CCP); and b) approve a Professional Services Agreement with Aon Risk Services, Inc. in an amount not to exceed $295,000 for 30- months with one, six (6) month extension, if needed (bond proceeds will not be needed for the construction contract and those savings will be applied toward the OCIP). 15. AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND DAVID KIFF (C4358). [381100 -20101 Approve Amendment No. 1 to City Manager's Employment Agreement to extend the time to December 31, 2010, to establish residency in the City of Newport Beach. E. MISCELLANEOUS 16. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LIBRARY SERVICES. [100 -20101 Approve Budget Amendment No. 11BA -004 to increase expenditure appropriations by $11,000 in Division 4010 (Support Services) and to increase revenue estimates for the same amount in Account No. 4010 -4835, Library Services Technology Act. 17. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT Volume 59 - Page 584 City of Newport Beach City Council Minutes September 28, 2010 BEACH PUBLIC LIBRARY FOUNDATION (NBPLF) AND APPROPRIATE FUNDS FOR SALARIES AND MAINTENANCE & OPERATIONS BUDGETS FOR FY 2010/11. [100 -20101 Approve Budget Amendment No. 11BA -003 to increase revenue estimates by $156,000 in Account No. 4090 -5893 (Library Foundation/NBPLF) - expenditure estimates will be increased by the same amount in Division 4090 (Library Foundation) and Division 4060 (Literacy Services). 18. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO MAINTENANCE & OPERATIONS BUDGET ACCOUNTS FOR FY 2010 -11. 1100 -20101 Approve Budget Amendment No. 11BA -010 to increase revenue estimates by $240,800 in Account No. 4091 -5292 (Friends of the Library Donations), and increase expenditure estimates by the same amount in Divisions 4091. 19. 2010 -2011 CULTURAL ARTS GRANTS. [100 -20101 Approve recommended recipients for FY 2010 -2011 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Policy I -10 - Financial Support for Culture and the Arts. 20. STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2011. 1100- 2010] Approve the Statement of Investment Policy (Council Policy F -1), as amended by the City Treasurer and the Finance Committee. 21. NOMINATIONS TO THE CITIZENS BICYCLE SAFETY COMMITTEE. [100 -20101 a) Confirm the nominations of Scott Bergey, Tom Croxton, Barbara Danzi, John Heffernan, Denis LaBonge, Sean Matsler, Tony Petros, Stephen Sholkoff, and John Tzinberg, as presented by the Council Ad Hoc Appointments Committee to fill the positions on the Citizens Bicycle Safety Committee; and b) conduct appointments at the October 12, 2010 City Council Meeting. 22. APPOINTMENT TO THE ECONOMIC DEVELOPMENT COMMITTEE. [100 -20101 Appoint Mark H. Hoover to the Economic Development Committee. Motion by Mayor Pro Tern Henn seconded by Council Member Rosansky to approve the Consent Calendar, except for the items removed (5 & 12), and noting corrections to Items 4 & 21. 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 XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. RESOLUTION IN SUPPORT OF PROPOSITION 22 (NOVEMBER 2 GENERAL ELECTION). 1100 -20101 Mayor Curry noted that Mayor Pro Tem Henn and Council Member Gardner have been active in the signature collection to qualify Proposition 22 for the November ballot and discussed the importance of the proposition in protecting funds. Motion by Council Member Gardner. seconded by Council Member Webb to adopt Resolution No. 2010 -110 related to support for Proposition 22 (the "Local Taxpayer, Public Safety, and Transportation Protection Act of 2010 "). Volume 59 - Page 585 City of Newport Beach City Council Minutes September 28, 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 12. BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT - AWARD OF CONTRACT (C-4479).[38/100-20101 W.R. Dildine expressed concern relative to the low bid on the project. Michael Stergin, M &E Construction, commented that the bid is responsive Public Works Director Badum clarified the bid process and reaffirmed that the low bidder was responsive. In response to Council questions, he noted that this bid was typical to the process. Motion by Council Member Webb, seconded by Mayor Pro Tern Henn to a) approve the project drawings and specifications; b) award Contract No. 4479 to M &E Construction for the total bid price of $157,000, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $18,200 to cover the cost of unforeseen work. 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 XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported that the Citizens Aviation Committee received a report that aircraft emissions are in compliance with Federal standards and that a water quality study might be conducted in the future. Mayor Pro Tern Henn noted that the Economic Development Committee decided to form a subcommittee to address business license fees, reported on a presentation from the Film Festival which discussed the success of this year's festival, and discussed the Finance Committee's review of the investment policy, cost - savings initiatives, a budget update, and the Civic Center timeline. XV. PUBLIC HEARINGS 23. AIRPORT BUSINESS AREA INTEGRATED CONCEPTUAL DEVELOPMENT PLAN (PA2007 -170 & PA2008 -063). [100 -20101 Special Projects Consultant Wood utilized a PowerPoint presentation to summarize staff analysis of the Integrated Conceptual Development Plan (ICDP), neighborhood parks, general plan policies, and environmental review and impacts. In response to Council questions, she noted that the ICDP serves as a guide and discussed the General Plan and Environmental Impact Reports (EIR). Mayor Curry opened the public hearing. Geoffrey LePlastrier and Carol McDermott utilized a PowerPoint presentation to discuss the ICDP purpose and overview, connectivity, neighborhood amenities, parking, unit allocation summary, regulatory plans, and advantages of the project. Kyle Weichert, Stoneridge Capitol Partners, expressed concerns relative to parking, circulation impacts, and shuttling employees. Volume 59 - Page 586 City of Newport Beach City Council Minutes September 28, 2010 David Waite, legal representative for Stoneridge Capitol Partners, discussed the importance of thoroughly evaluating project impacts. Brian Adams expressed concern for public access within the property. Tom Muller, Conexant Legal Representative, discussed the general plan. Carol McDermott asked for support of the project and emphasized that the plan is conceptual. Hearing no further testimony, Mayor Curry closed the public hearing. In response to Council questions, City Attorney Hunt expressed support for the City proceeding with the project, noted that the ICDP is a concept upon which plans can be made from, and clarified that Council has the authority to change the plan after it is approved. Council Member Selich expressed support for the proposed plan. Council Member Webb suggested modifications to the ICDP in regards to bicycles, easements, and access from Birch Street. Council Member Gardner expressed support for Council Member Webb's suggestions and felt that the ICDP is in tune with the General Plan. Council Member Daigle believed that this project will revitalize the area. Motion by Council Member Daigle seconded by Council Member Gardner to adopt Resolution No. 2010 -113 approving the proposed Airport Business Area Integrated Conceptual Development Plan as amended by Council Member Webb. 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 24. CHINA PALACE USE PERMIT (PA2010 -082) - 2800 WEST COAST HIGHWAY - USE PERMIT NO. 2010-015.[100-20101 Motion by Council Member Rosansky, seconded by Council Member Gardner to continue the item to November 9, 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 City Manager Kiff reported that the applicant requested a 45 day continuance. XVI. PUBLIC COMMENTS - None XVII. CURRENT BUSINESS 25. IMPLEMENTATION OF THE RECOMMENDATIONS OF THE CITIZENS Volume 59 - Page 587 City of Newport Beach City Council Minutes September 28, 2010 TECHNOLOGY TASK FORCE. [100 -20101 Assistant City Manager Smith detailed the proposed recommendations. In response to Council questions, City Manager Kiff discussed the options relative to outsourcing in the future. Mayor Pro Tom Henn expressed support for the proposed five -year plan. Laura Curran requested and received clarification about the Chief Information Officer and the consultant's roles. 26. CLEARWIRE TELECOMMUNICATIONS FACILITY PERMIT (PA2009 -165) - 1 PARK NEWPORT - TELECOMMUNICATIONS PERMIT NO. TP2009 -013. [100- 20101 Council Member Daigle recused herself. Senior Planner Campbell provided a staff report and recommended approval of the permit. Motion-by Council Member Rosansky, seconded by Council _Member Webb to adopt Resolution No. 2010 -114 approving Telecommunications Permit No. TP2009 -013, subject to findings and conditions of approval. 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 27. MORNINGSIDE RECOVERY DEVELOPMENT AGREEMENT (DA2010 -001) TO PROVIDE AN ENTITLEMENT FOR THE OPERATION OF RESIDENTIAL CARE FACILITIES IN THE CITY WHILE ALSO CONTAINING LIMITATIONS ON THE TOTAL NUMBER OF CLIENTS IN RECOVERY FOR DRUG AND ALCOHOL ABUSE IN THE CITY, ON OCCUPANCIES AT ITS CURRENT FACILITIES AND WITHIN THE PENINSULA ZONE, AND CONTROLS ON THE OPERATION OF THESE FACILITIES. [681100 -20101 City Attorney Hunt clarified the details of the ordinance. Ken Kuhlman expressed concerns regarding the transport of patients at the Lido Marina Village location. Lori Morris expressed concern for the Morningside presence in Lido Marina Village. Laura Curran expressed concern for exceptions made in the agreement. Mary Helen Beatificato, Legal Representative for Morningside Recovery, clarified that there is no intake facility in Newport Beach, there is no methadone clinic of any kind operated by Morningside, that Morningside fully intends to comply with the Development Agreement, and that they intend to keep good relations with the residents of Newport Beach. Candice Bruce, Morningside Recovery CEO, commented on traffic congestion around the Via Lido facility and noted that the loading area will be moved to the front of the building. Volume 59 - Page 588 City of Newport Beach City Council Minutes September 28, 2010 In response to Mayor Pro Tem Henn's question, City Attorney Hunt clarified that the use of the location in Lido Marina Village complies with the zoning code. Mayor Pro Tem Henn noted the substantive changes that have been made to the original agreement that provide a much better basis for enforcement and how public input has helped Council craft a much improved version of the development agreement. Motion_ by Mayor Pro Tem Henn, seconded by Council Member Webb to adopt Ordinance No. 2010 -18 approving Development Agreement No. DA2010 -001. 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 9:12 p.m. in memory of Elizabeth Betty Casper. The agenda for the Regular Meeting was posted on September 21, 2010 at 11:53 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. �a� City Clerk �WA Recording Secretary Mayor Volume 59 - Page 589