HomeMy WebLinkAbout11/08/2011 - Regular MeetingCity Council Minutes
City Council Regular Meeting
November 8, 2011 — 7:00 p.m.
I. STUDY SESSION - Cancelled
II. ROLL CALL FOR CLOSED SESSION - 6:00 p.m.
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn,
Council Member Selich, Council Member Curry
Excused: Council Member Daigle
Council Member Daigle arrived at 5:40 p.m.
III. PUBLIC COMMENTS REGARDING CLOSED SESSION - None
IV. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code § 54956.9(a)): One (1) matter
Banning Ranch Conservancy u City of Newport Beach, et al
4th District Court of Appeals Case No. G045622
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Initiation of litigation pursuant to Government Code § 54956.9(c)): One (1) matter
C. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6)
Heading Agency Designated Representatives: Dave Iiif£ City Manager; Dana Smith,
Assistant City Manager; Terri Cassidy, Human Resources Director; and Richard ISreisler,
Special Counsel and Negotiator
Employee Organizations: All Labor Associations: Association of Newport Beach Ocean
Lifeguards (.SNBOL); Lifeguard Management Association (LIVIA); Fire Beach Fire
Management Association (NBFMA); Newport Beach Firefighters' Association (I�I Police
Management Association (PMA); Police Employees' Association (PEA); and Fire
Management Association (FMA); City Employees Association (NBCEA); Newport Beach
Professional & Technical Employees Association (NBPTEA); Newport Beach Employees
League (LABEL); Newport Beach Part -Time Unit (UPEC, Local 777)
V. RECESS
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn,
Council Member Selich, Council Member Curry
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VIII. CLOSED SESSION REPORT - None
IX. PLEDGE OF ALLEGIANCE - Council Member Daigle
X. INVOCATION - Pastor Jeff Pries, Mariners Church
XI. PRESENTATION
Proclamation from the City of Huntington Beach - Huntington Beach Mayor Joe Carchio
presented the City with a proclamation in appreciation of honoring former President Ronald Reagan
by erecting a statue to commemorate his service to the country.
Orange County Sanitation District (OCSD) Presentation Regarding the Ocean Outfall
Project - Jim Herberg, OCSD Assistant General Manager, and Pamela Kester, OCSD Project
Manager, provided a PowerPoint presentation to explain what the Ocean Outfall Repair Project
means to the City and how they plan to mitigate the impacts.
XII. NOTICE TO THE PUBLIC
XIII. 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 discussed the Rhine Channel Dredging Project and announced that the U.S.
Army Corps of Engineers selected a company affiliated with the Rhine Channel Dredging Project to
conduct the Lower Bay Dredging Project. She also discussed the need for improving transparency
and improving how contracts are organized and accessed.
In response to Council Member Daigle's question, City Manager Kiff indicated that he will provide
Council with information regarding the consultant's assessment of the City's economic development
situation.
Council Member Curry announced that he attended the grand opening of Vineyard Vines at Fashion
Island and the Gift of History Event at Anaheim Stadium. He expressed his frustration relative to
the vandalism of the Ronald Reagan Memorial and requested that a $5,000 reward be created to
catch the perpetrator.
Council Member Rosansky discussed the Coastal Commission decision regarding Sunset Ridge Park.
Mayor Pro Tern Gardner announced that, on November 9 at 6:00 p.m., the Harbor Commission will
be considering whether to move the public dock at the Balboa Marina. She indicated that the issue
would then go to the Tidelands Committee. Regarding the $5,000 reward, she suggested that the
money come another source other than the General Fund.
Mayor Henn announced that he attended the Exchange Club's charity movie opening of Anonymous
at the Lido Theater on October 27; the Orange County Metropolitan Water District's elected officials
presentation on November 3; and St. James Church's 70th Anniversary celebration on November 3.
He reported that the Neighborhood Revitalization Committee meeting will be held on November 10
at 4:00 p.m. in the Council Chambers; the Balboa Village Citizens Advisory Panel (CAP) meeting
will take place on November 15 at 4:00 p.m. at the ExplorOcean Nautical Museum; and the
Tidelands Committee meeting will be held on November 16 at 4:00 p.m. at the OASIS Senior Center.
XIV. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
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1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF
OCTOBER 25, 2011. [100 -20111 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 pursuant to Charter Section 412.
B. CONTRACTS AND AGREEMENTS
3. 2011 -2012 SIDEWALK, CURB AND GUTTER REPLACEMENT - AWARD OF
CONTRACT (C- 4850). [381100 -2011] a) Approve the project drawings and
specifications; b) award Contract No. 4850 to Grigolla & Sons Construction
Company, Inc., for the total bid price of $433,950, and authorize the Mayor and the
City Clerk to execute the contract; c) establish an amount of $51,000 (120/x) to cover
the cost of unforeseen work not included in the original contract; and d) approve
Budget Amendment No. 12BA -015 transferring $40,000 in project savings from the
2010 Slurry Seal project (Account No. 7013- C2001011) to Account No. 7013 -
C2001009 (Sidewalk Curb and Gutter Replacement).
4. 2010 -2011 OCEAN PIERS MAINTENANCE - NOTICE OF COMPLETION
AND ACCEPTANCE OF CONTRACT NO. 4682. [381100 -20111 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.
BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS -
NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO.
3802. [381100 -20111 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.
6. 2010 -2011 CITY WIDE SLURRY SEAL - NOTICE OF COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 4604. [381100 -2011] 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.
CENTRAL BALBOA WATER AND SEWER IMPROVEMENTS - NOTICE OF
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4067. [381100-
2011] 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) approve Budget Amendment No. 12BA -016 transferring
$133,201.26 from Account No. 7541- C7001002 to Account No. 7531- C6002004 for
increased sewer costs.
8. WASTEWATER PUMP STATION REHABILITATION - NOTICE OF
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COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3804. [381100-
20111 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.
C. MISCELLANEOUS
10. PLANNING COMMISSION STUDY SESSION AND REGULAR MEETING
AGENDAS FOR NOVEMBER 3, 2011. [100 -20111 Receive and file agendas.
11. APPOINTMENT BY MAYOR OF AD HOC APPOINTMENTS COMMITTEE
TO REVIEW APPLICATIONS FOR THE CITY S REPRESENTATIVE TO
THE VISIT NEWPORT BEACH EXECUTIVE COMMITTEE AND THE
SPECIAL EVENTS ADVISORY COMMITTEE, AND MAKE
RECOMMENDATIONS TO THE FULL COUNCIL RELATIVE TO THE
APPOINTMENTS. [241100 -20111 Confirm the Mayor's appointment of Mayor
Michael Henn, Mayor Pro Tern Nancy Gardner, and Council Member Hill to serve
on the Ad Hoc Appointments Committee to review applications for the City's
representative to the Visit Newport Beach Executive Committee and the Special
Events Advisory Committee, and make recommendations to the full City Council
relative to the appointments.
13. CITY COUNCIL REDISTRICTING. [331100 -20111 On the advice of the Office of
the City Attorney, staff is recommending that this item be removed fi•om the
Consent Calendar and that the ordinance be reintroduced at a public hearing on
November 22. 20 11.
Motion by Mayor Pro Tern Gardner, seconded by Council Member Rosanskv to
approve the Consent Calendar, except for the items removed (9 and 12)
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
9. OCEAN FRONT STREET END AND ALLEY REPLACEMENT - NOTICE OF
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4316. [381100 -20111
In response to Council Member Daigle's questions, Public Works Director Badum explained
how different projects are coordinated in order to save money and to eliminate the need to
conduct work twice, such as alley replacement and waterline work.
Public Works Director Badum confirmed for Mayor Henn that the cost of the alley work was
prorated amongst the various projects.
Motion by Council Member Currv, seconded by Council Member Rosanskv to 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.
The motion carried by the following roll call vote
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Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem. Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
12. CULTURAL ARTS GRANTS FOR FISCAL YEAR 2011/12. [100 -2011]
In response to Council Member Daigle's questions, Robyn Grant, Chair of the City Arts
Commission, explained the methodology the City Arts Commission used in determining the
amounts for the Cultural Arts Grants and why the Newport Beach Film Festival was
granted $6,000, noting that they requested more than $6,000.
Council Member Curry commended the Newport Beach Film Festival for the quality of their
programs.
Motion by Council Member Rosanskv, seconded by Council Member Hill to approve
recommended recipients for FY 2011/12 Cultural Arts Grants as selected by the City Arts
Commission in accordance with City Council Policy I -10 - Financial Support for Culture and
the Arts.
Council Member Daigle reported that she will not be supporting the motion because she
would like to see a more consolidated approach relative to how money is being awarded.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor
Henn, Council Member Selich, Council Member Curry
Noes: Council Member Daigle
XVI. PUBLIC COMMENTS
Assemblyman Don Wagner reported that the Assembly is out of session until January 2012 and
requested that the City forward him any specific issues that he could assist the City with. He
expressed his pledge to serve the citizens of Newport Beach diligently and vigorously.
Alicia Koberstein requested that the City adopt an ordinance that bans the retail sale of companion
animals in the City.
Kelly Sawyer expressed hope that the City takes a stand against vandalism on public property and
an aggressive stance against the retail sale of puppy mill dogs.
Erle Halliburton asked that Council inform residents about how they can contribute toward the
Ronald Reagan Memorial reward. He stated that he supports I Heart Puppies and has been a
customer, and encouraged Council to visit the facility.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported on the activities of the Aviation Committee, particularly as it
relates to the Federal Aviation Administration (FAA) and John Wayne Airport's (JWA) new
departure procedure (STREL), and the County Board of Supervisors incentive for international
flights to and from Mexico. She stated that the Aviation Committee update is prepared and
distributed by the City and is available on the City's webpage.
Council Member Curry reported that the Finance Committee met on Monday and
discussed revenues, pension costs, and a potential refunding of the debt associated with the Bonita
Canyon Community Facilities District (CFD).
Council Member Selich reported that the West Newport CAP will meet on November 9 at 4:00 p.m.
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in the Council Chambers to review proposed area landscape concepts. He noted that the proposals
are also posted on the City's webpage.
Council Member Hill stated that the Lido Village CAP met for its final meeting on October 27 and
completed the design guidelines for Lido Plaza. He announced that the design guidelines will go to
the Neighborhood Revitalization Committee on November 10 at 4:00 p.m. in the Council Chambers
and then a recommendation will be brought before the City Council.
Mayor Henn announced that the Balboa Village CAP met on October 26 to discuss a vision
statement for Balboa Village. He stated that they also looked at the improvements and goals that
were set during Project 2000, and reported that some of the 2000 goals will also be considered going
forward. He indicated that the immediate focus will be on parking. Mayor Henn reported that the
CAP invited all Balboa Village property owners to a meeting on November 3. He indicated that they
received good input from the property owners that did attend, but will try to conduct another
meeting so that more property owners can provide input.
XVIII. PUBLIC HEARINGS
14. TRANSFER OF DEVELOPMENT RIGHTS IN NORTH NEWPORT CENTER
PLANNED COMMUNITY (PA2011 -159). [100 -2011]
Community Development Director Brandt reported that the public hearing is to consider an
application by The Irvine Company (TIC) to move unbuilt development potential in Newport
Center. Assistant Planner Nueno utilized a PowerPoint presentation to discuss the transfer.
She reported that transfers are allowed as long as it is trip neutral, and complies with the
General Plan. She noted that the traffic analysis showed that there would be a reduction of
83 peak trips.
In response to Mayor Pro Tern Gardner's questions, Dan Miller, representing TIC, discussed
the parking issue in the area and reported that office use in Block 500 makes more sense for
that part of North Newport Center. He announced that TIC is moving forward with the final
design and anticipates pulling permits later next year.
In response to Council Member Sefich's questions, Community Development Director
Brandt confirmed that this is a transfer of development rights because TIC has a
Development Agreement with the City, and not a transfer of development intensity. She
added that this is a vested development right that TIC has.
Mayor Henn opened the public hearing. Hearing no testimony, he closed the
public hearing.
Motion by Council Member Selich, seconded by Council Member Curry to adopt
Resolution No. 2011 -102 approving the following: 1) transfer of development rights within
the North Newport Center Planned Community (PC -56) of 288,975 square feet of general
office intensity to Block 500 from San Joaquin Plaza (241,711 square feet) and Block 600
(47,264 square feet), and 2) the relocation of 430 unbuilt residential units from Block 500 to
San Joaquin Plaza.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
15. APPROVAL OF MASTER FEE SCHEDULE AND CHANGE IN SUBSIDIES. [100-
2011]
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Motion by Council Member Currv. seconded by Council Member Selich to continue
the item to the City Council meeting of November 22, 2011.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem. Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
XDI. CURRENT BUSINESS
16. QUARTERLY BUSINESS REPORT (QBR) UPDATE. 1100 -20111
City Manager Kiff highlighted the financial, investment, and pension sections of the QBR,
and noted that the Finance Committee has vetted the document. He stated that the section
for Boards, Commissions, and Committees discusses what each of them are working on, and
reported that the last section of the QBR discusses current City projects. He emphasized
that the City is looking into better ways of doing business and discussed potential Request
for Proposal (RFP) opportunities, both with other cities and internally. He ensured Council
that he will find an easily accessible location on the City's webpage to locate the QBRs.
Regarding the City's issuance of a refuse collection RFP, Council Member Daigle suggested
that, if the City uses a consultant to review the RFPs, the City request that the consultant
identify their recent client cities and which hauler was selected.
Mayor Henn stated that the QBR is a valuable document and that he encourages all of
the homeowner associations in his District to read it. He noted that the term for the City
Council Ad Hoc Committee on Group Residential Uses and Code Enforcement has expired.
City Manager Kiff indicated that staff will bring back an amendment.
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - 8:28 p.m.
The agenda for the Regular Meeting was posted on November 8, 2011, at 2:60 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
City Clerk
Recording
&�6L
Mayor
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