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HomeMy WebLinkAbout01 - Minutes - 4-13-10Agenda Item No. 1 April 27, 2010 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session Newport Beach Central Library - 1000 Avocado Avenue April 13, 2010 — 5:00 p.m. '00 I. ROLL CALL Present: Council Member Selich, Council Mem ;" Rosan8 Mayor Pro Tem Henn, Council Member Gardner, Council Member Webb, Council her Daigle Excused: Mayor Curry Mayor Curry arrived at 4:15 p.m "x II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON PIiE CONSENT CALENDAR. Counc emb ardner suggested that Council receive copies of the Planning Commis n min City Manager Kiff noted that Planning Commission minutes are now tion min s, but Planning staff can create verbatim of specific topics if directed Council. Ve Item 6 (W ater Taxi Exploratory Committee), Council Member Gardner adding a question in a City survey asking whether residents would use . Regarding Item 17 (Special Events Advisory Committee Funding Criteria), Council Member Gardner noted that Item 9 in the Evaluation Criteria for City Support was confusing 2. ORANGE COUNTY S 2 -1 -1 AWARENESS PRESENTATION. Steve Lemier, 2 -1 -1 Orange County, utilized a PowerPoint presentation that explained the purpose of 2.1 -1, the difference between 2.1 -1 and 9.1 -1, the service categories it handles, current usage, disaster response partnerships, how 2 -1 -1 can save resources, and how cities are getting the word out about 2 -1 -1. Volume 59 - Page 438 City of Newport Beach City Council Study Session April 13, 2010 In response to Council Member Gardner's questions, Mr. Lemier indicated that most counties in California have access to 2 -1 -1. Judy Bowden, 2 -1 -1 Orange County Executive Director, indicated that they receive funding from the County, United Way, and grants. She reported that all the agencies that they use are 501(c)(3) agencies, unless they are a specialized community program that may charge a slight fee. She stated that they also sometimes refer people to city departments. 3. FY 2010 -11 BUDGET UPDATE. Administrative Services Director McCraner Apor department savings that were approved by ound budget and revenues have been trendin a pec calendar for 2010 -2011 and noted that May 4E needed this year. City M ported t review the printed budget documt, but noted that with Council in February and I'ich. ether, the F to be briefed about the budg F III. PUBLIC, COMMENTS -None IV. ADJOURNMENT - 4:23 pin The agenda for the Regu ing was City Hall Bulletin Boa 10 of Administration Building. City Clerk d that the fiscal year 2010 have been removed from the d. She reviewed the budget artment presentations are not ancil will have three weeks to budget has been discussed aft Committee will continue on April 7, 2010, at 1:18 p.m. on the 3f the City of Newport Beach Recording Secretary Mayor Volume 59 - Page 439 CITY OF NEWPORT BEACH City Council Minutes City Council Regular Meeting Newport Beach Central Library - 1000 Avocado Avenue April 13, 2010 — 8:00 p.m. I. STUDY SESSION - 4:00 p.m II. CLOSED SESSION A. CONFERENCE WITH LE4 (GOVERNMENT CODE § 5495 III. IV. COUNSELN, EXISTING LITIGATION : Five matter 1. Pacific Shores v. Ne rt Beaf - U.S. District Co se No. SACV 08 -00457 AG (PLAx) ,' 2. Newport Coast Recovery v. % "y of Newport Beach - U.S. District Court Case No. . U.S. Dept. of Housing & Urban Beach - OCSC Case No. 30 -2010- s Agai orningside Recovery as the only remaining portion of the Citizen's City of Newport Beach - U.S. District Court Case No. Designated Representatives: Bill Avery of Avery & Associates and Terri Human Resources Director Employee Organization: Multiple Newport Beach Associations: Lifeguard Management Association (LMA), Police Employees Association (PEA), Newport Beach Firefighters' Association (NBFfk), Police Management Association (PMA), Fire Management Association (FMA) and, Association of Newport Beach Ocean Lifeguards (ANBOL) RECESS RECONVENED AT 7:00 P.M. FOR REGULAR MEETING Volume 59 - Page 440 City of Newport Beach City Council Minutes April 13, 2010 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 -None VII. PLEDGE_OF ALLEGIANCE - Council Member Daigle VIII. INVOCATION -Rabbi Marc Rubenstein, Temple Isaii A. i7 CA] 3UL PRESENT_ ATIONS National Library Week Proclamation - Mayor to Library Services Director Cowell. Recognition of Ken Drellishak, for (EQAC) Chair - Mayor Curry presented EQAC. Mr. Drellishak commended members for their hard work. NOTICE TO THE_PUBLIC Council Member Daigle announc will be held at th emral Librar that a progra o °sist seniors Central Liwisv the proclamation and presented it enter" Quality Affairs Committee with a clamation for his service on City Man r Wood, and the EQAC ear e'`d for parents relative to internet safety y 26 fro 0 p.m. to 8:30 p.m. She also announced held on May 17 from 2:00 p.m. to 4:00 p.m. at the reported that the Newport Beach Film Festival begins April 22. Mayor Proiwenn 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. CONSENT CALENDAR A. READING OF MINUTES/ORDINANCES AND RESOLUTIONS Volume 59 - Page 441 City of Newport Beach City Council Minutes April 13, 2010 C. 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF MARCH 23, 2010. [100 -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. ORDINANCES FOR ADOPTION 3. AMENDMENT TO CHAPTER 17.25 A 17.50 (SEA LION TIME LIMITS FOR COMPLIANCE). [100 -20101 A pt Ordinance No. 2010 -5 amending Newport Beach Municipal Code Sec ' s 17 -25 -020 and 17.50.100 relating to sea lion abatement. 4. AMENDMENTS TO NEWPQ ` T BEAC NICIPAL CODE CHAPTER 5.42, REGULATING SOIJITATION WIT' THE CITY. [100 -20101 a) Adopt Ordinance No. 2Q$ - -6 reg,*ating solicitati ithin the City. RESOLUTIONS FOR ADOPTION)O' 6. EXTENSION OF TI FOR WATER TAXI EXPLORATORY COMMITTEE. [100 -2010] t Resolution No. 2010 -36 extending the term of the Water i Committee f0 ,months from May 12, 2010, to September 30, 2010, to allow k elop quest' and analyze results of upcoming surveys of residents bu x'eases visitors ' 7. APPROVAL OF RE 1DOPTING A SUPPLEMENTAL ORANDUMd0 NDERS DING BETWEEN THE CITY OF ,u ORT BEA AND THE NEWPORT BEACH FIREFIGHTERS ASS CIATION ( FA) EXTENDING THE TERM TO DECEMBER 31, ^K 201 AND ADOPTT G OF RESOLUTION IMPLEMENTING A CalPERS I -GRADER EPTION (C-2060).[381100-20101 a) Adopt Resolution 2 t the Supplemental Memorandum of Understanding be n the City' " I'll INewport Beach and the Newport Beach Firefighters soc 'on; and b) adopt Resolution No. 2010 -38 adopting the CalPERS ploy aid Member Contribution Time -in -Grade Exception. yor Curr'Y expressed his gratitude to the Newport Beach Firefighters ociation (NBFA) for their effort in assisting the budget by forgoing salary 'eases to offset the cost of pensions. Further, NBFA also agreed to increase pension costs for new firefighters. 8. ANNUAL FINANCIAL AUDIT CONTRACT EXTENSION (C- 4198) [381100 -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- 4088). [381100 -20101 Approve the Professional Services Agreement with Volume 59 - Page 442 City of Newport Beach City Council Minutes April 13, 2010 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. 11. MONTH -TO -MONTH LEASE AGREEMENT WITH DAVE SALISBURY FOR PARKING ON PROPERTY LOCATED AT 209 WASHINGTON STREET AND 608 BALBOA BOULEVARD (C11517). [381100 -20101 a) Waive the requirements of City Council Poly F -7 for an appraisal and open bid process; and b) approve and authorizeA2ie Mayor and City Clerk to execute the month -to -month lease agreement. ; 12. CORONA DEL MAR STATE B A C1w LANDSCAPE IMPROVEMENTS (C -4089) - COMPLETION AN ACCEP CE. [381100 -20101 a) Accept the completed work and authorize the City Cler file a Notice of Completion; b) authorize the City Clerk to. release the Labor ad ls Bond 35 days after the Notice of Completion` has I)een recorded iance with applicable portions of the Civil Code; an�,dc) release the F Bond one- year after Council acceptance. 13. TRAFFIC SIGNAL MODERNIZATION PROJECT - PHASES 2 AND 3 (C -3976) - MPLETION A ACCEPTANCE. [381100 -2010) a) Accept the complete and author�tlie City Clerk to file a Notice of Completion; b) authorize t d CIgrk to releaee the Labor and Materials Bond 35 days after the Notice . f Compd4' has beezcorded in accordance with applicable portions of the 'vil Code lease the Faithful Performance Bond one- Member Dale expressed her appreciation for the project. X HARB04R NAUTICAL MUSEUM - ENCROACHMENT T TO LOCATE AMUSEMENT EQUIPMENT WITHIN - .,l OR SIDEWALK, PUBLIC UTILITY, AND UAN PbOOSES. [100 -2010] a) Approve the applicant's request maintain and operate bungee trampoline equipment, stairway, and s encroaching into the easement for sidewalk, public utility, and oses at 600 E. Bay Avenue; and b) authorize staff to execute an ent permit and encroachment agreement for these improvements. 15. C YWIDE COST ALLOCATION PLAN AND COST OF SERVICES UDY (C 4518). [38/100 -2010] a) Wave Council Policy F- 14(C)(1); and b) thorize the Mayor to execute the Professional Services Agreement with MGT develop a defensible cost allocation plan and to identify and analyze the cost of providing City services. E. AMS— CELLANEOUS 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 (SEAC) IN REVIEWING Volume 59 - Page 443 City of Newport Beach City Council Minutes April 13, 2010 XIII. 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. S19. BAIT BARGE LEASE IN THE HAI 4400). [381100 -20101 a) Select SaA,2 operator based on the proposal suProposals (RFP) dated Decembe accept the RFP process as ,a air at conducting an appraisal as e'Aquired for authorize the May to execute the Lease Council Member the Consent Calendar, except for the Items 10 and 17. The motion carried by the Ayes: Council Member Selich, Council Metier Webb, 5. vote: $OR ENTRANCE CHANNEL (C- Bait Company as the next bait barge in response to the City's Request for 3 b) authorize the City Council to value determination in lieu of :ase9sin NBMC 17.60.060(D); and c) his strong support Ifthe project. by_Council_Member 1Zosansky to approve ied (5 and 9); and noting the amendments to y Mayor Pro Tem Henn, Mayor Curry, Council Member Daigle DISTRICT NO. 100 - AREA GENERALLY BALBOA BOULEVARD, ADAMS STREET, AND Mayo re Henn recused himself and left the room because he lives within the bounds s for ssment District No. 100. Asses me Engine Cox, Harris and Associates, reported that the Engineer's Report will be a ended to reflect a reduction in lot size and assessment amount for two properties and the change to the assesssment amounts throughout the district due to he redu ons. She also announced that the public information meeting is scheduled AnozlPn Dv uounen Member Hosansky, seconded by Council 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. 100, 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. Volume 59 - Page 444 City of Newport Beach City Council Minutes April 13, 2010 RW a 100 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. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Webb, Council Member G, Mayor Pro Tern Henn rejoined REQUEST TO AMEND I HEIGHTS ANNEXATION Council Member Daigle highligli and questioned the necessity t indicated that the 1 ter can be horse licenses since ndard Plan. He stated that e enforcement is handled oua Rosansky, Mayor Curry, Council ncil Member Daigle vote was taken. FOR SANTA ANA 23). I'the contents of the current Annexation Agreement quiring horse licenses. Planning Director Lepo meFi a 'd to remove the portion relative to requiring for th Akeeping of animals is included in the Specific Plan can amended, with County approval, so that Enforceitent when needed. n n uouncu Me ber Ci drier nded b Council Member Dai le to a) iobl"t>xe Mayor to sr submit an amended letter to the County of Orange of Supervisors requ ng amendment of the Annexation Agreement such that andor Agency app val is not required to amend the Santa Ana Heights Plait Regulations, a request that the County approve the removal of the en C to horse rmits; b) direct the Plamung Director and the Office of y orney propriate revisions to the Annexation Agreement and CoultV and Agency pproval and execution of same; and c) subsequent to app 1 by the County and the Agency of the Revised Agreement, prepare a for Cit ouncil adoption eliminating the accompanying Council Policy K -6. The motidfi carried bJ the following roll call vote: Ayes: Co cil Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Cut, Council Member Webb, Council Member Gardner, Council Member Daigle 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 that 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. Volume 59 7 Page 445 City of Newport Beach City Council Minutes April 13, 2010 XV XVI. 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 discussed and hoped that Council cures what the Con se = Brown Act. CURRENT BUSINESS 18. TRANSFER OF EXCESS BONITA City Manager Kiff provided the staff` report and repor any other school improvement uaWs for tAe funds other to the Corona del Mar High School par lot. signed the letter that Mr. Ray V feels was a violation of the FUNDS. [100 -20101 at the City does not have conducting improvements a.av�ron uy •,uuncu inemoerwe�nb�conged by l:ounci.l _Member lxardner to approve Budget Amendment No. ='QBA -033 appropriating $100,000 in the Bonita Canyon fund for re ng improvem at Bonita Canyon Sports Park and authorize the transfer of the 1 excess Bore Canyon Bond Funds ($1,031,884) from the City improvement ac un he Newpo esa Unified School District (NMUSD) improvement account. 1 Nadine Tu�xner encourag Co il to re the funds so that construction in the Corona,, Afar High Sc ho g lot can take place during the summer. Tllmotion carried by the fo wing roll call vote: Ayes CCqu ncl Cg'iei uncil Member Rosansky, Mayor Pro Tem Henn, Mayor , Was, 115, o ,, bb, Council Member Gardner, Council Member Daigle In response to cil M er Daigle's question, Acting City Attorney Mulvihill commented hat it is appropr to for Co `ncil to reconsider the Sunset Ridge Park Access Agreement from March 23 mee g (Item 25) at the next meeting. n1V4r u vo cu �Inemlber Lat to seconded b Council Member Gardner to reconsi the S set R Access Agreement that was approved at the March 23, 2010 Council tem 2 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 Volume 59 - Page 446 City of Newport Beach City Council Minutes April 13, 2010 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. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Council Member Webb, Council Member ( XVIII. ADJOURNMENT - Adjourned at 7:55 p.m. in Tom Allen, and Vicky Gallagher. The agenda for the Regular Meeting wa City Hall Bulletin Board located outside Building. The supplemental age& for 2010, at 1:16 p.m. on the City illy Bu' Newport Beach Administration Bui', Ly.. r Pro Tern Henn, Mayor Curry, Member Daigle of Inez Howald, Lana Chandler, sted on Apr 2010, at 1:18 p.m on the .e City of New t Beach Administration Regular Meetin as posted on April 9, r Board located side of the City of Volume 59 - Page 447