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HomeMy WebLinkAbout03/08/2011 - Regular MeetingCity Council Minutes City Council Regular Meeting March 8, 2011 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 5:27 p.m A. Conference with Legal Counsel - Existing Litigation (Government Code S 54956.9 (a)): Four matters: 1. State Farm Insurance vs. City of Newport Beach (Pon - Sullivan), Orange County Superior Court Case No. 30- 2010 - 00432607 -CU -PO -CJC 2. Savon, Byron vs. City of Newport Beach, Estate of Grace Inez Howald, Orange County Superior Court Case No. 2011- 00447333CJC 3. Everest National Insurance Company vs. Abinader, Orange County Superior Court Case No. 30- 2010- 00432981 4. Luigi Abinader vs. State of California, City of Newport Beach, Orange County Superior Court Case No. 30- 2010 - 00436154 -CU -PA -CJC B. Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation (Government Code 6 54956.9(c)): One matter: 1. Potential initiation of litigation against Puna McLlwain aka Punahele Aikala Mellwain aka Steve McIlwain of 443 Harbor Drive C. Public Employee Performance Evaluation (Government Code 6 54957(b)(1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of two public employees. Titles: City Manager and City Clerk III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle VI. CLOSED SESSION REPORT Regarding Closed Session Items A.2, A.3, and AA, City Attorney Hunt reported that Council voted 7 -0 to authorize the defense of those matters. VII. PLEDGE OF ALLEGIANCE - Council Member Curry Volume 60 - Page 77 City of Newport Beach City Council Minutes March 8, 2011 VIII. INVOCATION - Mayor Henn IX. PRESENTATION - None X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM) Mayor Pro Tem Gardner announced that the Harbor Commission discussed the vision for the harbor at its last meeting. Council Member Daigle discussed the Jamboree Road Widening Project and thanked staff for working closely with all the agencies involved. Council Member Curry announced that he, Council Member Hill, and City Manager Kiff visited the John Wayne Airport (JWA) terminal that will open in November and the watch room /complaint center that tracks all flights. Mayor Henn announced that the next Meet the Mayor session will take place on March 19 in the Central Library Friends Room from 9:00 -10:30 a.m.; City Manager Kiff will be speaking tomorrow evening at Speak Up Newport at the Newport Beach Yacht Club at 5:30 p:ni. to discuss committee reorganizations; he and Council Member Rosansky participated in Youth Government Day on March 3; he toured JWA's new terminal with Council Member Rosansky; and attended the Airport Working Group (AWG) annual meeting with many other Council Members. XII. CONSENT CALENDAR A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 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 ADOPTION 3. PROFESSIONAL REAL ESTATE SERVICES, INC. (PRES, INC.) OFFICE BUILDING B (PA2007 -213) - 4300 VON KARMAN AVENUE - GENERAL PLAN AMENDMENT NO. GP2007 -009; PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2007 -006; TENTATIVE PARCEL MAP NO. NP2010 -005 (COUNTY TMP NO. 2008 -123) - NEW 11,960 GROSS SQUARE FOOT COMMERCIAL OFFICE BUILDING. [100 -20111 Conduct a second reading and adopt Ordinance No. 2011 -8, approving Planned Community Development Plan No. PD2007 -006 to amend the Koll Center Newport Planned Community text. D. CONTRACTS AND AGREEMENTS 5. 2010 -2011 CITYWIDE SLURRY SEAL PROGRAM - AWARD OF CONTRACT NO. 4604. [381100 -20111 a) Approve the project drawings and specifications; b) award Contract No. 4604 to American Asphalt South, Inc. for the total bid price of $566,500, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $57,000 (10 %) to cover the cost of unforeseen work not included in the original contract. Volume 60 - Page 78 City of Newport Beach City Council Minutes March 8, 2011 6. LIDO ISLE PAVEMENT REHABILITATION PHASE III - AWARD OF CONTRACT NO. 4520. [381100 -20111 a) Approve the project drawings and specifications; b) award Contract No. 4520 to E.C. Construction Company for the total bid price of $574,559.50 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $57,455 (10 %) to cover the cost of unforeseen work not included in the original contract. 8. BRIDGE MAINTENANCE PROGRAM - AWARD OF CONTRACT NO. 4587. [381100 -20111 a) Approve the project drawings and specifications; b) award Contract No. 4587 to Truesdell Corporation for the total bid price of $129,129, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $13,000 (approximately 10 %) to cover the cost of unforeseen work not included in the original contract. 9. SPORTS OFFICIATING CONTRACT WITH FORMER EMPLOYEE DAN AUGER (C- 4757). [381100 -20111 Approve the Independent Contractor Agreement between the City of Newport Beach and former City employee Dan Auger for his services as a softball umpire. E. MISCELLANEOUS 10. PLANNING COMMISSION AGENDA FOR MARCH 3, 2011. [100 -20111 Receive and file written report. Motion by Mayor Pro Tern Gardner, seconded by Council Member Rosansky to approve the Consent Calendar, except for the items removed (1, 4 and 7). 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 XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF FEBRUARY 22, 2011. [100 -20111 Mayor Pro Tem. Gardner requested that page 68 be amended to reflect that Mr. Persol was discussing the Bicycle Safety Committee and is not a member of the committee. Jim Mosher noted that Council Member Curry's abstention should have been noted after Item 1, not Item 2. He also expressed concern relative to abstentions as listed in Council Policy A- 10. Motion by Council Member Rosanskv, seconded by Council Member Gardner to waive reading of subject minutes, approve as amended, and order filed. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tom Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle 4. RESOLUTION SUPPORTING A WATERSMART PROGRAM GRANT. [100 -20111 Jim Mosher took issue that the WaterSMART grant proposal was not attached to the staff report and expressed concern with committing $700,000 to the project. Volume 60 - Page 79 City of Newport Beach City Council Minutes March 8, 2011 Motion by Council Member Rosanskv, seconded by Council Member Curry to adopt Resolution No. 2011 -25 authorizing and supporting the submission of a grant application to the USBR WaterSMART grant program. 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 JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 - AWARD OF CONTRACT NO. 3724.[38/100-20111 Robert Hawkins requested and received confirmation that the City received the funds from the Sholley project and that the money was used for this project. Motion_ by Council Member Rosanskv, seconded by Mayor Pro Tem Gardner to a) approve the project plans and specifications; b) award Contract No. 3724 to Beador Construction Company for the total bid price of $3,194,703 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $320,000 (approximately 10 %) to cover the cost of unforeseen work not included in the original contract. 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 XIV. PUBLIC COMMENTS Nancy Skinner referenced Council action from February 22 relative to the Ronald Reagan statue and requested that the statue not be placed at Castaways Park since the park was intended to be a natural park. Dudley Johnson explained his reasons for placing the Ronald Reagan statue at Back Bay View Park and suggested also moving the 1/1 statue there. Tim Stoaks reported that Mayor Henn, Council Member Hill, and Council Member Curry attended an AirFair meeting, and that the tracking system for planes at John Wayne Airport (JWA) is also available on their website at www.jwairfair.com. XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Pro Tem Gardner reported that she and Council Member Selich attended the Newport Beach Chamber of Commerce Marine Committee meeting where they heard from the Harbor Patrol about smuggling issues and illegal charters in the harbor. She recommended that this information be placed on the City's webpage. Council Member Daigle reported that the Aviation Committee meets monthly and noted the importance of airport issues. She also discussed State legislation relative to greenhouse gases and requested that staff assist in understanding how the legislation would affect the City. Council Member Curry stated that the Finance Committee met with the auditors and reported that they did not identify any deficiencies and only had minor administrative suggestions. He also reported that the committee discussed the restructuring of parking lot administration. Volume 60 - Page 80 City of Newport Beach City Council Minutes March 8, 2011 XVI. PUBLIC HEARINGS 11. CODE AMENDMENT NO. CA2010 -010 (1537 SANTANELLA TERRACE) TO CHANGE THE FRONT SETBACK ESTABLISHED ON SETBACK MAP S -9A - IRVINE TERRACE FROM 34 FEET TO 19 FEET FOR THE PROPERTY LOCATED AT 1537 SANTANELLA TERRACE. [100 -2011] Jim Campbell, Acting Planning Director, provided the staff report and noted that the Planning Commission recommends approval. Mayor Henn opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Selich, seconded by Council Member Rosansky to introduce Ordinance No. 2011 -9 approving Code Amendment No. CA2010 -010 to change the front setback established by Setback Map S -9A - Irvine Terrace from 34 feet to 19 feet, and pass to second reading on March 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 12. APPROVAL OF MASTER FEE SCHEDULE AND CHANGE IN SUBSIDIES. [100- 2011) Administrative Services Director McCraner utilized a PowerPoint presentation to highlight what is involved in updating the fee schedule; discuss significant changes to Police Department fees related to jail booking fees, animal impound fees, and massage license fees; and highlight new fees and fees that will not be charged. She indicated that a Request for Proposal (RFP) will be going out for animal shelter services. Regarding impound fees, Police Chief Johnson confirmed that the cost has decreased. Council Member Curry noted that the fiscal sustainability plan requires the City to recover fees unless Council decides to subsidize. Police Chief Johnson and the MGT consultant, Mike Adams, noted that no city they surveyed charges the fee for sex registrants and narcotics registrants. Administrative Services Director McCraner reported that three departments had changes to the fee schedule that were not reviewed by the consultants this year. She discussed the Building Division's water quality management plan review fee and the Planning Division's new operator license, operator license appeal, and planned development permit fees. She also highlighted the Fire Department's fees which were mostly reduced. Fire Chief Morgan explained the candle permit fee. In response to Council's concern relative to outdated and unnecessary fees, City Manager Kiff indicated that it would be more efficient to remove those fees from the Municipal Code. He also noted that not all the departments' fees were reviewed at this time. Administrative Services Director McCraner reviewed Recreation and Senior Services fees. In response to Council Member Hill's question, Recreation and Senior Services Director Detweiler explained that the fees imposed if a person pays for a class or program with a credit card helps with administrative costs. Administrative Services Director McCraner discussed Municipal Code Section 3.36.030 relative to full cost recovery, but noted that Exhibit A includes subsidies. She highlighted the subsidies that should be removed from the Section, like the emergency transport fee for Volume 60 - Page 81 City of Newport Beach City Council Minutes March 8, 2011 residents, and subsidies that should be included in the Section Mayor Henn opened the public hearing. Robert Hawkins point out that there are fees involved in appealing issues to the City Council and Planning Commission, but nothing is mentioned about appeals by the Planning Commission to the Commission or appeals by Council to the City Council. For operator license appeals, he believed that there should also be a similar waiver for the Planning Commission and the City Council. He also recommended creating a substantial in lieu parking fee. City Manager Mf expressed concern that Council may be appealing Planning Commission items to bypass someone else from paying the appeal fee. Further, when the Zoning Code was adopted, the City might not have adopted the appeal procedure properly. Mayor Pro Tem Gardner indicated that she will move the motion, but directed staff to bring back the appeal fee issue at a later date. Motion by Mayor Pro Tem Gardner, seconded by Council Member Rosansky to a) adopt Resolution No. 2011 -24 approving the Master Fee Schedule as recommended by staff; b) introduce Ordinance No. 2011 -10, amending NBMC Section 3.36.030.3, and pass to second reading on March 22, 2011; and c) introduce Ordinance No. 2011 -11, updating NBMC Sections 14.12.085(A) and 14.12.125(A) to refer to the appropriate fees, and pass to second reading on March 22, 2011. In response to Council Member Daigle's question, Administrative Services Director McCraner indicated that the Police fee used in the example earlier was not calculated by her department or MGT. She noted that the Fire Department fees were not reviewed, but are adjusted by CPI annually. Hearing no further testimony, Mayor Henn closed the public hearing. 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 Noes: Council Member Daigle Council Member Curry wanted the record to reflect his "no" vote to subsidizing the sex offender registration fees. XVII. CURRENT BUSINESS 13. WAYFINDING SIGN PROJECT - AWARD OF CONTRACT NO. 4040. [381100 -20111 Public Works Director Badum reported that the project was put out to bid and the low bid was under $100,000 for the 65 signs. Motion by Council Member Hill, seconded by Council Member Selich to award the project and proceed with the work as follows: a) approve the project drawings and specifications; b) approve Budget Amendment No. 11BA -037 recognizing a contribution of $60,300 from Visit Newport Beach, Inc. and various business improvement districts, and appropriating $60,300 to Account No. 7251- C3002011; and transferring $48,700 in project savings from Account No. 7013- C2002014 and $3,000 in project savings from Account No. 7017- C8002026 to Account No. 71014- C3002012 for a total appropriation of $112,000 to cover the cost of the project. All contributions are to be collected and deposited in the project account prior to proceeding with the contract award; c) award Contract No. 4040 to Volume 60 - Page 82 City of Newport Beach City Council Minutes March 8, 2011 Censource, Inc. for the total bid price of $97,551.16, and authorize the Mayor and the City Clerk to execute the contract; and d) establish a contingency of $14,448.84 (15 %) to cover the cost of unforeseen work. Council Member Rosansky took issue with the sign's appearance and readability, and noted that he will be voting against the project. Mayor Pro Tem Gardner believed that the signs are hard to read, although she supports the idea of having signs. Gary Sherwin, Visit Newport Beach, stated that the purpose of the signs is important in assisting with making Newport Beach a destination. He believed that any way the City can help visitors navigate through the City is important so they can spend money in the City. Robert Hawkins noted that the Economic Development Committee (EDC) led the charge for this program. Mayor Henn noted that Visit Newport Beach and the various Business Improvement Districts (BIDs)are in favor of the signs, so he will be supporting the project. Council Member Hill requested that the support bands that hold the signs to the poles need to be tighter. The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle Noes: Council Member Rosansky, Mayor Pro Tem Gardner 14. TIDELANDS CONSULTANT - LEASE DOCUMENTS AND LEASE NEGOTIATIONS (C- 4756). [381100 -2011] City Manager Kiff reported that this consultant has expertise in doing tidelands fee evaluations and that the Request for Proposals (RFP) was quality- based. Mayor Pro Tem Gardner indicated that she will support the action, but stated that it would be helpful to include references or a brief biography in the report. Council Member Rosansky reported that he participated in the final interview and believed that Mr. Kotin's firm was qualified and will be an asset during negotiations. In response to Council Member Daigle's question, City Manager Kiff stated that the scope of work includes looking at commercial activities that are currently making annual permit payments and moving towards a long term lease arrangement. Jim Mosher expressed concern with the City entering into long term leases. City Manager Kiff indicated that the term of the agreements do not have to be on a long term basis. City Attorney Hunt stated that the Municipal Code requires the City to make this move pursuant to existing provisions. 515. RESOLUTION NO. 2011 -26 RELATING TO COMMITTEES AND COMMISSIONS AND THEIR LINK TO THE COUNCIL'S 2011 GOALS; COMMITTEE TERMS; APPOINTMENTS TO COMMITTEES AND DESIGNEES TO JWA SETTLEMENT GOAL DISCUSSIONS. [100 -2011] City Manager Kiff provided the staff report and clarified the amendments to the proposed resolution. He reported that doing committee reorganizations links the committee and commission roles to the 2011 Council goals. He also discussed the reasons for sunsetting the Volume 60 - Page 83 City of Newport Beach City Council Minutes March 8, 2011 Economic Development Committee (EDC) Mayor Henn noted that the Environmental Quality Affairs Committee (EQAC) initially only commented on Notices of Preparations (NOPs) and not Environmental Impact Reports (EIRs). He believed that the Water Taxi Committee duties could become one of the Tidelands Management Committee's duties with support from the Harbor Commission. Council Member Hill stated that the Water Taxi Committees duties might also be done by the Mariners Mile group as it deals with revitalization of that area. He noted that he was one of the founders of EDC and supported what they did; however, it is now a different environment of limited resources and limited time for staff, Council and the public. He stated that it is appropriate to look at reorganization that maximizes limited resources in order to achieve maximum benefit to the community. He believed that the Neighborhood Revitalization Committee can be augmented by including homeowner associations, Business Improvement Districts (BIDs), and stakeholders. Mayor Henn concurred that revitalization broadens public input and that the City has a new view of how it fulfills its economic development role. In response to Council Member Daigle's question regarding border committees, City Manager Kiff indicated that it is the intent that the Finance Committee would work on these issues and then the full Council would become involved. Regarding EQAC, City Manager Kiff reported that he received an email from Arleen Greer, EQAC Chair, who is supportive of EQAC meeting as- needed and having more focused direction. Tim Stoaks, EQAC member, expressed support for meeting on an as- needed basis. Robert Hawkins expressed concern for the EDC Business License Subcommittee. He requested that the EQAC resolution be modified so that the committee reviews and provides comments to the Banning Ranch EIR and that Council Policy K -10 be amended. He believed that the new committees should be Brown Act committees. Mayor Pro Tem Gardner requested and received confirmation from City Manager Kiff that it is the intent that, when the larger group meets, the meetings would be in a public setting with a posted agenda. However, when the Council Members need to confer, they can do so in private. City Attorney Hunt clarified that subcommittees of the City Council are not considered legislative bodies and are not Brown Act committees. Jim Mosher believed that the recommendation stifles citizen input and circumvents the Brown Act. He questioned sunsetting the Media and Communications Committee and recommended amending the duties and membership composition of the Aviation Committee. Mayor Henn emphasized that the intent of conducting committee reorganizations was to match Council committee involvement with 2011 Council goals. One of the principal goals was related to John Wayne Airport (JWA), so the Aviation Committee will be heavily involved as it relates to the Settlement Agreement. He believed that appointments to the Aviation Committee should be deferred until its mission and purpose can be revised. He also noted the amendments to the resolution as discussed earlier by City Manager Kiff. He stated that the recommendation, as amended, would establish the Tidelands Management Committee and the Neighborhood Revitalization Committee, and designates the Finance Committee to have purview over retirement cost containment and staff reorganization issues. He discussed his recommended appointments but stated that Council Member Daigle has also been very involved in bay issues and lobbying efforts, and expressed the view, as supported by Council Volume 60 - Page 84 City of Newport Beach City Council Minutes March 8, 2011 consensus, that she continues in that role on an as- needed basis even though not appointed to the Tidelands Management Committee. Motion by Mayor Henn, seconded by Council Member Curry to a) adopt Resolution No. 2011 -26, as amended, creating the Neighborhood Revitalization Committee and Tidelands Management Committee, and ending or changing the term of specific committees; b) affirm the Mayor's appointment of Council Member Hill, Council Member Selich, and Mayor Henn (chair designee) to the Neighborhood Revitalization Committee, and Council Member Selich, Mayor Pro Tem Gardner, and Mayor Henn (chair designee) to the Tidelands Management Committee; and c) direct that EQAC would be changed to meet on an as- needed basis, EDC be sunsetted with the understanding that staff will be coming back with a proposal on how to fulfill the economic development role appropriately. It was the consensus of Council that EQAC be changed to comment on only NOPe and, if Council wants them to comment on the Banning Ranch EIR, Council will make that request at that time_ 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 XVIII. MOTION FOR RECONSIDERATION - None XIX- ADJOURNMENT - 9:06 p.m. The agenda for the Regular Meeting was posted on March 8, 2011, at 2:10 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 March 4, 2011, at 3:O5 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary �dtz�� Mayor City Clerk Volume 60 - Page 85