HomeMy WebLinkAbout02/08/2011 - Regular MeetingCity Council Minutes
City Council Regular Meeting
February 8, 2011— 7:00 p.m.
I. SPECIAL MEETING - 3:40 p.m.
II. STUDY SESSION - 4:00 p.m.
III. CLOSED SESSION - 5:45 p.m.
A. Conference with Leaal Counsel - Existing Litigation (Government Code
54956.9(a)): Five matters:
1. Zepeda v. Washington Mutual, United States District Court Case No.
SACV10- 01987.
2. Hirou v. Thornburg Mortgage Securities Trust 2007 -3, United States
District Court Case No. SACV10 -01967 DOC(AGRx).
3. Pacific Shores v. Newport Beach, United State District Court Case No.
SACV08 -00457 AG (PLAx).
4. Newport Coast Recovery and Yellowstone Recovery v. City of Newport
Beach, United States District Court Case No. SACV09 -0701 DOC (ANx).
5. State Farm Insurance (Pon- Sullivan) v. Newport Beach, OCSC Case
No.: 30 -2010- 00432607- CU- PO -CJC.
B. Conference with Legal Counsel - Anticipated Litigation - Exposure to
Litigation (Government Code § 54956.9(b)): One matter:
1. Potential exposure to litigation from allegations that the Morningside
Zoning Agreement was not properly adopted under State law.
C. Public Employee Performance Evaluation (Government Code � 54957(b)(M:
The City Council will meet in closed session to consider the appointment,
employment, evaluation of performance, discipline, or dismissal of two public
employee {s).
Titles: City Manager and City Clerk
IV. RECESS
V. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Daigle
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Excused: Council Member Curry
VII. CLOSED SESSION REPORT
City Attorney Hunt reported that Council took no reportable action with the exception to two
items: with respect to Zepeda v Washington Mutual and State Farm Insurance v The
City of Newport Beach, Council voted 6 -0 to authorize defense of both matters.
VIII. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Gardner
IX. INVOCATION - Reverend Robert Jordan Ross, Newport Universalist Society
X. PRESENTATION
Presentation of Check from the Lenahan Trust for the Proposed Donation of Art
and Funds - Robyn Grant, Chair of the City Arts Commission, presented a $50,000 check
from the Lenahan Trust together with a collection of paintings created by Elizabeth Wiltrout
Lenahan.
XI. NOTICE TO THE PUBLIC
XII. 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 Selich discussed sand levels on Balboa Island and the procedure for beach
replenishment, and asked that Council consider a budget amendment to help Harbor
Resources properly spread sand to mitigate the possibility of the sand washing away this
year.
Council Member Gardner asked that staff agendize an item to consider staffs
recommendation to the Parks, Beaches and Recreation Commission for larger replacement
trees.
Mayor Henn reported that Council completed its Council Goal Setting Session at the Oasis
Center last Saturday and that there will be an item at the next meeting to lay out Council's
priorities for the next year. He announced that the Mayor's Dinner will be held on Friday,
February 11, at the Marriott; on February 3, he made a presentation to the Association of
Realtors regarding the Lido Marina Village land use plan; on February 1, he attended a
presentation by Peter Walker, landscape architect for the new Civic Center project,
sponsored by the City Arts Commission; and attended the Boat Parade's Awards Dinner. He
noted that over the past few months, resident Jim Mosher has raised a number of issues
regarding the City's compliance with its Charter and ordinances, and stated that it is the
City's intent to comply with all aspects. As a result of bringing these issues forward, he
asked the City Attorney and City Manager to conduct a thorough review of the City's
compliance with the Charter and ordinances, and to identify any other areas where there
may be questions about compliance. Where the City identifies a compliance issue or problem
the City will correct its practices. At the same time, the City will identify current
regulations, ordinances, and practices that may not be appropriate for today's circumstances
and make appropriate changes.
XIII. CONSENT CALENDAR
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A. READING OF MINUTES /ORDINANCES AND "RESOL UTIONS
1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETING
OF JANUARY 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.
B. ORDINANCES FOR ADOPTION
3. PUBLIC PIER TIME LIMITS AND RULES: ORDINANCE RELATING
TO AMENDING THE TIME LIMITS AND RULES FOR THE CITY'S
PUBLIC PIERS. [100 -20111 Adopt Ordinance No. 2011 -6 amending
Newport Beach Municipal Code Section 17.01.030, Section 17.25.010, and
Section 11.20.060 which amends the time limits and rules for the City's
public piers.
4. SECOND READING "AND ADOPTION OF AN ORDINANCE
AMENDING SECTIONS 6.04.070 AND 6.040.240 OF TITLE 6 OF THE
NEWPORT '. BEACH MUNICIPAL CODE PERTAINING TO
COLLECTION OF GARBAGE AND RECYCLABLES AND
PENALTIES FOR VIOLATIONS OF "CHAPTER 6.04. [100 -20111
Conduct second reading_ and adopt Ordinance No. 2011 -7 amending the
Newport Beach Municipal Code Section 6.04.070 and 6.040.240 of Title 6 of
the Newport Beach Municipal Code pertaining to collection of garbage and
recyclables and penalties for violations of Chapter 6.04 (amended title and
recommendation).
C. RESOLUTION FOR ADOPTION
5. ADOPTION OF RECORDS RETENTION SCHEDULE AND
AUTHORIZATION FOR DESTRUCTION OF CERTAIN CITY
RECORDS. [32 1100 -20111 Adopt Resolution No. 2011 -18 adopting a
records retention schedule, authorizing destruction of certain city records,
and rescinding Resolution Nos. 2003 -39 and 2006 -104.
D. CONTRACTS AND AGREEMENTS
7. LIFEGUARD HEADQUARTERS ROOF REPLACEMENT -
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4599.
[381100 -20111 a) Accept the completed work and authorize the City Clerk to
file a Notice of Completion for the project; 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.
8. RHINE WHARF REPAIRS AND PUBLIC DOCK - COMPLETION
AND ACCEPTANCE OF CONTRACT NO. 3821. [381100 -20111 a)
Accept the completed work and authorize the City Clerk to file a Notice of
Completion for the project; b) authorize the City Clerk to release the Labor
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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.
9. SAN MIGUEL DRIVE STREET IMPROVEMENTS - COMPLETION
AND ACCEPTANCE OF CONTRACT NO. 4472. [381100 -20111 a)
Accept the completed work and authorize the City Clerk to file a Notice of
Completion for the project; 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.
10. OCEAN FRONT STREET AND ALLEY REPLACEMENT - AWARD OF
CONTRACT NO. 4316. [381100 -20111 a) Approve the project drawings
and specifications; b) award Contract No. 4316 to Nobest Inc. for the total
bid price of $904,000.00, and authorize the Mayor and City Clerk to execute
the contract; and c) establish an amount of $136,050.00 (15 %) to cover the
cost of unforeseen work and anticipated additional concrete street pavement
not included in the original contract.
Council Member Hill abstained from voting on this item due to a
financial conflict of interest because a portion of the property
under consideration lies within 500 feet of property he owns.
E. MISCELLANEOUS
11. LENAHAN ESTATE BEQUEST. [100 -20111 a) Accept the bequest in
accordance with Council Policy I -11 - Donations of Art to the City of Newport
Beach; and b) approve Budget Amendment No. 11BA -029 to increase
revenue estimates by $50,000 in Account No. 4093 -5901 (Designated Gifts -
Private Donations /Contributions). Expenditure estimates will be increased
by the same amount in Division 4093 (Designated Gifts).
S13. NEWPORT BEACH BANNING RANCH DEVELOPMENT. [381100-
20111 Receive and File.
Motion by Council Member Gardner, seconded by Council Member Rosansky to
approve the Consent Calendar, except for the item removed (6); and noting the abstention to
Item 10 by Council Member Hill.
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 Daigle
Absent: Council Member Curry
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR
6. BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4479. [381100 -20111
W. R. Dildine expressed concern about public contracts and discussed issues relative
to subcontractors on this project. He asked whether the City should go after the 10
percent work reimbursement. Public Works Director Badum explained that staff
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has been looking into this matter and that Mr. Dildine raised legitimate points
about whether there has been fraudulent paperwork submitted to the City.
Motion by Council Member Selich, seconded by Mayor Pro Tem Gardner to
a) accept the completed work and authorize the City Clerk to file a Notice of
Completion for the project; b) authorize the City Clerk to release the Labor and
Materials Bond 85 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:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner,
Mayor Henn, Council Member Selich, Council Member Daigle
Absent: Council Member Curry
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported that the Aviation Committee met to discuss STREL which
deals with flights going east of Las Vegas, the Federal Aviation Administration (FAA), has
now twice acknowledged the legitimacy of the Committee's concerns, thanked the City of Las
Vegas for allowing the Committee to advocate on this issue, and also expressed her
appreciation for the ongoing efforts of Newport Beach citizens, as well as Council Members
Selich and Hill who also sit on the Committee.
Mayor Pro Tem Gardner reported that the Citizens Bicycle Safety Committee received a
presentation by Charles Gandy from the. City of Long Beach and believed the information
will help motivate the City when it comes to cycling.
XVI. CURRENT BUSINESS
12. QUARTERLY BUSINESS REPORT. [100 -20111
City Manager Kiff summarized the Quarterly Business Report (QBR). Mayor Pro
Tem Gardner commented that the report was well written and reader - friendly.
In response to Council Member Daigle's question, City Manager miff reported that if
a Council Member believes that a project needs to be tracked, it can be included. He
indicated that staff wanted to track only the items to date, but all projects will be
included in the next version. Council Member Daigle called out various projects that
had been completed that she believed should be reported to the public.
Council Member Selich stated that he liked the report and its format. He noted that
the City received correspondence regarding the Marina Park project and asked that
information about what has been accomplished on that project be included.
Council Member Hill stated that since he received the report on Saturday, he has
been sharing the concept with various groups and there has been a tremendous
amount of excitement and support. He felt it would be valuable to include under the
Table of Contents for project tracking a green, yellow, and red category for each
project.
XVII. PUBLIC COMMENTS
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Bob Rush commented on group homes, stated that he has been tracking this matter closely,
and believed that the issue of bed capacity and actual bed count should be reported to the
community on a regular basis. City Manager Kiff stated that this matter has been delegated
to Planning staff for those facilities required to report permitted beds. He noted that reports
are made on a regular basis as the information becomes available.
XVIII. MOTION FOR RECONSIDERATION - None
XIX. ADJOURNMENT - 7:45 p.m.
The agenda for the Regular Meeting was posted on February 2, 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 February 4, 2011, at 5:05 p.m. on the City Hall Bulletin Board located
outside of the City of Newport Beach Administration Building.
Recordin Secretary
Mayor
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