HomeMy WebLinkAbout04/13/2010 - Regular MeetingCity Council Minutes
City Council Regular Meeting
Newport Beach Central Library - 1000 Avocado Avenue
April 13, 2010 — 7 :00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GOVERNMENT
CODE § 54956.9(A)):. Five matters:
L Pacific Shores v. Newport Beach - U.S. District Court Case No. SACV 08 -00457 AG (PLAx)
2. Newport Coast Recovery v. City of Newport Beach - U.S. District Court Case No, SACV 09-
0701 DOC (ANx);
3. Yellowstone v. City of Newport Beach - U.S. Dept. of Housing & Urban Development
Investigation No. 09.09. 0834 -8
4. Castellina Partners v. City of Newport Beach - OCSC Case No. 30- 2010 - 00340156
5. 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)
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).
1. Title: City Attorney
C. CONFERENCE WITH LABOR NEGOTIATORS (GOVERNMENT CODE § 54957.6):
Agency Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy,
Human Resources Director
Employee Organization: Multiple Newport Beach Associations: Lifeguard Management
Association (LMA), Police Employees Association (PEA), Newport Beach Firefighters'
Association (NBFA), Police Management Association (PMA), Fire Management Association
(FMA) and, Association of Newport Beach Ocean Lifeguards (ANBOL)
III. RECESS
IV. RECONVENED AT 7:00 P.Mw FQ REGULAR MEETING
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April 13, 2010
V. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor :Pro Tern Henn, Mayor Curry,
Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSED SESSION REPORT - None
VII. PLEDGE OF ALLEGIANCE - Council Member Daigle
VIII. INVOCATION - Rabbi Marc Rubenstein, Temple Isaiah
IX. PRESENTATIONS
National Library Week Proclamation - Mayor Curry read the proclamation and presented it to
Library Services Director Cowell.
Recognition of Ken Drellishak, former Environmental Quality Affairs Committee (EQAC)
Chair - Mayor Curry presented Ken. Drellishak with a proclamation for his service on EQAC. Mr.
Drellishak commended Council, Assistant City Manager Wood, .and the EQAC members for their
hard work.
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 RESORT (NON-
Council Member Daigle announced that a program geared for parents relative to internet safety will
be held at the Central. Library on April 26 from 6:30 p.m. to 8:30 p.m. She also announced that a
program to assist seniors will be held on May 17 from 2:00 p.m. to 4:00 p.m. at the Central Library.
Council Member Gardner announced that the Corona del Mar Residents Association will hold its
annual meeting on April 15 at Sherwin. Gardens at 5:00 p.m. She also announced that for Earth Day
(April 25), the Muth Center will be showing Leaders of Environmental Action Films (LEAF) at
11:45 a.m.
Council Member Webb reported that for National Library Week, he read for the children at Mariners
Library and that he will also be reading at the Central. Library on April 17 at 10:30 a.m.
Council Member Rosansky reported that the Newport Beach Film Festival begins April 22.
Mayor Pro Tem Kenn announced that he read for the children at the Balboa Library.
Mayor Curry reported that the City of Irvine voted unanimously (5 -0) to join the Coordinated Cities
Coalition to deal with airport issues. He also announced that he presented the awards to the
winners of the Art Show on April 9; the City is accepting applications for the Citizens Technical Task
Force; the Fashion Island Nordstrom will be opening on Friday; the Newport -to- Ensenada race
begins on Friday; and he conducted another Meet the Mayor event on April 3,
XII. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
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1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR
MEETING OF MARCH 23, 2010. 1100 -20101 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.
B. ORDINANCES FOR, ADOPTION
3. AMENDMENT TO CHAPTER 17.25 AND 17,50 (SEA LION TIME LIMITS FOR
COMPLIANCE). [100 -20101 Adopt Ordinance No. 2010.5 amending Newport Beach
Municipal Code Sections 17.25.020 and 17.50.100 relating to sea lion abatement.
4. AMENDMENTS TO NEWPORT BEACH MUNICIPAL CODE CHAPTER 5.42,
REGULATING SOLICITATION WITHIN THE CITY. [100 -20101 a) Adopt
Ordinance No. 2010 -6 regulating solicitation within the City.
C. RESOLUTIONS FOR ADOPTION
6. EXTENSION OF TERM FOR WATER TAXI EXPLORATORY COMMITTEE. [100-
20101 Adopt Resolution No. 2010 -36 extending the term of the Water Taxi Committee four
months from May 12, 2010, to September 30, 2010, to allow it to develop questions and
analyze results of upcoming surveys of residents, businesses and visitors.
7. APPROVAL OF RESOLUTION ADOPTING A SUPPLEMENTAL MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE
NEWPORT BEACH FIREFIGHTERS ASSOCIATION (NBFA) EXTENDING THE
TERM TO DECEMBER 31, 2011; AND ADOPTING OF RESOLUTION
IMPLEMENTING A CaIPERS TIME -IN -GRADE EXCEPTION (C- 2060). [381100-
20101 a) Adopt Resolution No. 2010 -37 adopting the Supplemental Memorandum of
Understanding between the City of Newport Beach and the Newport Beach Firefighters
Association; and b) adopt Resolution No. 2010.38 adopting the CalPERS Employer Paid
Member Contribution Time -in -Grade Exception.
Mayor Curry expressed his gratitude to the Newport Beach Firefighters Association
(NBFA) for their effort in assisting the budget by forgoing salary increases to offset the cost
of pensions. Further, NBFA also agreed to increase the pension costs for new firefighters.
D. Cot_vTRACTS AND AGREEMENTS
8. ANNUAL FINANCIAL AUDIT CONTRACT EXTENSION (C-4198)[38/100-20101
Authorize the City Manager to extend the contract with the CPA firm of Mayer Hoffman
McCann P.C., to perform the City's annual financial audit for the fiscal year ending June
30, 2010.
10. RECOMMENDATION TO RENEW THE PROFESSIONAL. SERVICES
AGREEMENT WITH THOMAS COLE EDWARDS, INC. FOR PROFESSIONAL
CONSULTING SERVICES FOR AIRPORT ISSUES (C- 4038). [381100 -20101 Approve
the Professional Services Agreement with Thomas Cole Edwards, Inc., as amended, under
the same terms and conditions as agreed upon in 2008.
City Manager Kiff noted that the agreement will be amended to reflect that the agreement
expires in 2011, not 2010.
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11, MONTH -TO -MONTH LEASE AGREEMENT WITH DAVE SALISBURY FOR
PARKING ON PROPERTY LOCATED AT 209 WASHINGTON STREET AND 608
BALBOA BOULEVARD (C- 4517). 1381100 -20101 a) Waive the requirements of City
Council Policy F -7 for an appraisal and open bid process; and b) approve and authorize the
Mayor and City Clerk to execute the month -to -month lease agreement.
12. CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS (C- 4089)- -
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; and c) release the
Faithful Performance Bond one -year after Council acceptance.
13. TRAFFIC SIGNAL MODERNIZATION PROJECT - PHASES 2 AND 3 (C -3976) -
COMPLETION AND ACCEPTANCE. [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.
Council Member Daigle expressed her appreciation for the project.
NEWPORT HARBOR NAUTICAL MUSEUM - ENCROACHMENT AGREEMENT TO
14. RELOCATE AMUSEMENT EQUIPMENT WITHIN THE EASEMENT FOR
SIDEWALK, PUBLIC UTILITY, AND PEDESTRIAN PURPOSES. [100 -20101 a)
Approve the applicant's request to install, maintain and operate bungee trampoline,
equipment, stairway, and appurtenances encroaching into the easement for sidewalk,
public utility, and pedestrian purposes at 600 E. Bay Avenue; and b) authorize staff to
execute an encroachment permit and encroachment agreement for these improvements,
15. CITYWIDE COST ALLOCATION PLAN AND COST OF SERVICES STUDY (0-
4518). [381100 -20101 a) Wave Council Policy F- 14(0)(1); and b) authorize the Mayor to
execute the Professional Services Agreement with MGT to develop a defensible cost
allocation plan and to identify and analyze the cost of providing City services.
E. MISCELLANEOUS
16. PLANNING COMMISSION AGENDA FOR APRIL 8,2010.[100-2010] Receive and file
written report.
17. ADOPTION OF THE FUNDING CRITERIA, FUNDING APPLICATION FORM,
AND APPLICATION REVIEW PROCESS TO BE USED BY THE SPECIAL EVENTS
ADVISORY COMMITTEE (SEAL) IN REVIEWING REQUESTS AND PROVIDING
ADVISORY ANALYSIS TO THE CITY COUNCIL. [100 -20101 Adopt the amended
Criteria for City Support, Application Review Process, and Application for Support Form to
be used by the Special Events Advisory Committee (SEAC) in reviewing funding requests
of $20,000 or more and preparing an advisory analysis of the request for the City Council.
Assistant City Manager Wood indicated that Item 9 in the Evaluation Criteria for City
support will be amended to reflect a "free to the public" component.
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S19. BAIT BARGE LEASE IN THE HARBOR ENTRANCE CHANNEL (C- 4400). [381100-
20101 a) Select San Pedro Bait Company as the next bait barge operator based on the
proposal submitted in response to the City's Request far Proposals (RFP) dated December
4, 2009; b) authorize the City Council to accept the RPP process as a fair market value
determination in lieu of conducting an appraisal as required for leases in NBMC
17.60.060(D); and c) authorize the Mayor to execute the Lease Agreement.
Council Member Selich expressed his strong support for the project
Motion by Mavor Pro Tem Henn, seconded_ lay_ Council Member Rosansky to
approve the Consent Calendar, except for the items removed (5 and 9); and noting the
amendments to Items 1.0 and 17.
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
5. PROPOSED ASSESSMENT DISTRICT NO. 100 - AREA GENERALLY BOUNDED BY
13TH STREET, BALBOA BOULEVARD, ADAMS STREET, AND OCEAN FRONT
(C- 4516). [381891100 -20101
Mayor Pro Tem Henn recused himself and left the room because he lives within the boundaries
for Assessment District No. 100,
Assessment Engineer Cox, Harris and Associates, reported that the Engineer's Report will be
amended to reflect a reduction in lot size and assessment amount for two properties, and the
change to the assessment amounts throughout the district due to the reductions. She also
announced that the public information meeting is scheduled for April 19.
Motion by Council Member Rgsanskv seconded by Couneil Member Selich to a) adopt
the following Resolutions for Proposed Assessment District No. 100: 1) Resolution No. 2010.32
Accepting Petition and Determining Sufficiency thereof for Proposed Assessment District No.
100; 2) Resolution No. 2010 -33 Adopting a Map Showing the Proposed Boundaries of, and
Making Appointments for, Proposed Assessment District No. 100; 3) Resolution No. 2010.34
Declaring Intention to Order the Construction of Certain Improvements in Proposed
Assessment District No. 1.00, Describing the District to be Assessed to Pay the Costs and
Expenses thereof, Providing for the Issuance of Bonds, and Declaring Intention to Designate the
Area an Underground Utilities District; and 4) Resolution No. 2010 -35 Giving Preliminary
Approval to the amended Report of the Assessment District for Assessment District No. 7.00 and
an Underground Utilities District, Setting a Time and Place for a Public Hearing thereon, and
Directing the Mailing of Notices of Hearing and Assessment Ballots to the Affected Property
Owners; and b) approve a Professional Service Agreement with Meyer Nave to provide Bond
Counsel Services at a not to exceed price of $25,000, and authorize the Mayor and City Clerk to
execute the agreement.
Laura Curran expressed the opinion that the staff report does not include enough information in
order to understand the impacts of the project and requested that the Administrative Service
Director assist in providing a financial analysis of the impacts.
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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
Mayor Pro Tern Henn rejoined the meeting after the vote was taken.
9. REQUEST TO AMEND THE ANNEXATION AGREEMENT FOR SANTA ANA HEIGHTS
ANNEXATION AREA (C-4523).[21/38/l00-20101
Council Member Daigle highlighted the contents of the current Annexation Agreement and
questioned the necessity for requiring horse licenses. Planning Director Lepo indicated that the
letter can be amended to remove the portion relative to requiring horse licenses since all
standards for the keeping of animals is included in the Specific Plan. He stated that the Specific
Plan can be amended, with County approval, so that enforcement is handled through Code
Enforcement when needed. He added that, once the County approves this, Council can later
decide if it would like to amend Council Policy K -6.
Motion by Council Member Gardner. seconded by Council Member Daigle to authorize
the Mayor to sign and submit an amended letter to the County of Orange Board of Supervisors
requesting that the Specific Plan be amended to remove the portion relative to requiring an
annual horse license and requesting that enforcement be handled through the City's Code
Enforcement Division.
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
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMIT'T'EE ACTIVITIES
Council Member Daigle discussed the DUUKE ONE and DUUKE TWO flight paths at John Wayne
Airport (JWA). She indicated that the Federal Aviation Administration (FAA), County of Orange,
and the City have committed to refining the flight path again if DUUKE TWO does not work.
Council Member Webb noted i;hat this is one of the only times that a federal agency has worked so
closely with the City on airport issues.
Council Member Gardner reported that the Coastal/Bay Water Quality Committee met this month at
the Utilities Yard and commended the Utilities Department for ensuring that the City is as
independent as possible relative to its water supply.
XV. PUBLIC COMMENTS
Steve Ray, Banning Ranch Conservancy Executive Director, stated that the Conservancy submitted
a letter to the City believing that the City violated the Brown Act by not having the Access
Agreement attached to the March 23 online staff report (Item 25). He indicated that the staff report
was also not included in the lobby the evening of the meeting. He requested that Council rescind its
previous action and bring the item back for reconsideration.
Dorothy Kraus, Banning Ranch Conservancy, indicated that she signed the letter that Mr. Ray
discussed and hoped that Council cures what the Conservancy feels was a violation of the Brown Act,
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XVI.
18. TRANSFER OF EXCESS BONITA CANYON BOND FUNDS. [100 -20101
City Manager Kiff provided the staff report and reported that the City does not have any other
school improvement uses for the funds other than conducting improvements to the Corona del
Mar High School parking lot.
Motion by Council Member Webb. seconded by Council Member Gardner to approve
Budget Amendment No. IOBA -033 appropriating $100,000 in the Bonita Canyon fund for
remaining improvements at Bonita Canyon Sports Park and authorize the transfer of the
residual excess Bonita Canyon Bond funds ($1,031,884) from the City improvement account to
the Newport -Mesa Unified School District (NMUSD) improvement account.
Nadine Turner encouraged Council to release the funds so that construction in the Corona del
Mar High School parking lot can take place during the summer.
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
XVILMOTION FOR RECONSIDERATION
In response to Council Member Daigle's question, Acting City Attorney Mulvihill commented that it
is appropriate for Council to reconsider the Sunset Ridge Park Access Agreement from the March 23
meeting (Item 25) at the next meeting.
Motion by Council Member Daig e seconded by Council Member Gardner to reconsider the
Sunset Ridge Park Access Agreement that was approved at the March 23, 2414 Council Meeting
(Item 25).
Council Member Webb believed that the comments from the Banning Ranch Conservancy
representatives were incorrect, pointed out that the City is not required to place staff reports on the
internet, stated that the documents were available in the City Clerk's Office and the Central Library,
and noted that interested individuals could have also contacted the City Clerk's Office in advance of
the meeting.
Acting City Attorney Mulvihill commented that the Office of the City Attorney disagrees with the
Banning Ranch Conservancy's characterization that there was a violation of the Brown Act. She
emphasized that the Access Agreement was available and that the Brown Act does not require
reports to be placed on the internet. Regarding the claim that there be a notice to cure the violation,
she reported that a notice is only required for violations of the Brown Act relative to the posting and
noticing of meetings. She added that the Council meeting was an open meeting in which the public
was in attendance.
Mayor Curry indicated that he will support the motion so there are no avenues to oppose the park.
However, he noted that the public understood the issues during the meeting, even though they claim
to not have access to the report.
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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
XVIII. ADJOURNMENT - Adjourned at 7:55 p.m. in memory of Inez Howald, Lana Chandler,
Tom Allen, and Vicky Gallagher.
The agenda for the Regular Meeting was posted on April 7, 2010, at 1:18 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 April 9,
2010, at 1:16 p.m. on the City Hall Bulletin Board located outside of the City of Newport
Beach Administration Building.
Recording Secretary
Q6 �
Mayor
Q 6AV----
Clerk
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