HomeMy WebLinkAbout04/10/2012 - Regular Meetingc s ; `I ��* G E � ti .cis
City Council Minutes
Regular Meeting
April 10, 2012 — 7:00 p.m.
I. STUDY SESSION - 4 :00 p.m.
II. CLOSED SESSION - After Study Session - Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION
OF LITIGATION (Government Code § 54956.9(c)): 1 potential case
Orange County Transportation Authority - Decision to amend the Master Plan of Arterial
Highways to remove the 19th Street Bridge
B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6):
Agency Designated. Representatives: Dave Kiff, City Manager; and Richard Kreisler,
Special Counsel and Negotiator
Employee Organizations: All Labor Associations: Association of Newport Beach Ocean
Lifeguards (ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire
Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA);
Police Management Association (PMA); Police Employees' Association (PEA); City
Employees Association (NBCEA); Newport Beach Professional & Technical Employees
Association (NBPTEA); Newport Beach Employees League (LABEL); and Newport Beach
Part -Time Unit (UPEC, Local 777)
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957):
Title: City Manager
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
VI. CLOSED SESSION REPORT
Regarding Closed Session Item 2A (Conference with Legal Counsel Anticipated Litigation - Initiation of
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Litigation), City Attorney Harp reported that Council unanimously voted to authorize the City Manager
to negotiate with Orange County Transportation Authority (OCTA), and enter into an agreement to toll
the statute of limitations for filing a lawsuit against them. He also reported that Council authorized
the City Attorney's Office to initiate litigation against OCTA prior to the City being barred from
bringing a lawsuit based on the applicable statute of limitations. He noted that the vote was five to two
with Mayor Pro Tem Curry and Council Member Daigle voting against authorizing the litigation.
VII. PLEDGE OF ALLEGIANCE - Council Member Rosansky
VIII. INVOCATION - Reverend Peter D. Haynes - Saint Michael and All Angels Episcopal Church
FR
Proclamation Naming April Fair Housing Month - Mayor Gardner read the proclamation and
presented it to Maria Benitez. Ms. Benitez thanked Council, reported that the this is the first year that
they are working with the City of Newport Beach, announced that on April 11, 2012 they will be
hostinga Landlord Rights workshop from 1:00 p.m. - 5:00 p.m. at City Hall, stated that there will be a
Management Training on Wednesday, May 16, 2012 also at City Hall, and also announced that there
will be a Tenants Right workshop on June 4, 2012.
National Library Week - Mayor Gardner read the proclamation and presented it to Library Services
Manager Hetherton. Library Services Manager Hetherton thanked Council for the proclamation
and stated that the Library is proud to be the community's foremost source for information.
Southern California Edison's (SCE) Appreciation to Newport Beach for its Participation in
the Orange County Cities Energy Partnership - Eddie Marquez, SCE, stated that he is honored
to have the opportunity to highlight the great partnership that the City has with SCE, discussed the
Orange County Cities partnership, and presented a plaque and check for $7,917 to the City.
City Manager Kiff introduced the new Assistant Police Chief, Dave McGill. Assistant Police Chief
McGill stated that it is an honor to have the opportunity to work for the City.
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)
Council Member Hill announced that the Citizens Police Academy graduation ceremony will be held on
April 12, 2012 at the Central Library in which he will be graduating and invited residents to attend.
Mayor Pro Tem Curry announced that Relay for Life will be held on Saturday, May 19, 2012, at
Newport Harbor High School and encouraged residents to attend.
Council Member Daigle highlighted upcoming Recreation and Senior Services programs. She included
the Spring Fling, OASIS Senior Center's Casino Night, the 2012 Guide to Summer Camps, and
announced that the Frankie Anderson Youth Track Meet will be held on Friday, April 20, 2012 at
Corona del May High School.
Council Member Henn announced that on March 30, 2012 he and other City staff attended a seminar
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sponsored by the Concordia Center for Public Policy where they discussed government performance.
On March 31, 2012 he attended the Baldwin Cup Sailing race, and on April 4, 2012 he and Council
Member Hill attended an event sponsored by Congressman Dana Rolrrbacher where they discussed
Harbor Homeland Security. He reported that the Neighborhood Revitalization Committee meeting for
April 12, 2012 is cancelled, indicated that the July 4th Committee will meet on April 16, 2012 at 4:00
p.m. with staff to go over plans for the upcoming Fourth of July Holiday, noted that the Balboa
Village Citizens Advisory Panel meeting scheduled for April 17, 2012 is cancelled noting that there will
be two meetings in May, stated that the Tidelands Management Committee will meet on April 18, 2012
at OASIS Senior Center at 4:00 p.m., and announced that the Newport to Ensenada Race kickoff party
will be aslo be held on April 18, 2012 between 12:00 a.m. - 4:00 p.m in Balboa Village.
Mayor Gardner announced that there will be a Harbor Commission meeting on Wednesday, April 11,
2012 at 6:00 p.m. where there will be a presentation on Ships to Reefs, stated that April 14, 2012 is
opening day at the Newport Sea Base, and noted that the Newport Beach Art Exhibit Sale will be at the
OASIS Senior Center. She also reported that the Corona del Mar Residents Association annual meeting
will be held on Wednesday April 18, 2012 at Sherman Gardens at 5 :30 p.m., announced that the Fire
Department's Annual Pancake Breakfast will be held on April 21, 2012 at the Santa Ana Heights Fire
Station, and urged residents to fill out the water survey on mywaterpledge.com.
)UL CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF MARCH
27, 2012. [100-20121 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 the City Clerk to read by title
only.
B. ORDINANCES FOR ADOPTION
3. BEACH COIN LAUNDROMAT CODE AMENDMENT (PA2011 -209) -
AMENDMENTS TO CHANGE THE DESIGNATION OF THE SUBJECT
PROPERTY FROM TWO -UNIT RESIDENTIAL (R -2) TO COMMERCIAL VISITOR
SERVING (CV). [100 -20121 Conduct a second reading and adopt Ordinance No. 2012 -10
approving Code Amendment No. CA2011 -013.
D. CONTRACTS AND AGREEMENTS
6. FY2010 -2011 STREETLIGHT IMPROVEMENT PROJECT - COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 4605. [381100 -2012] a) Accept the completed
work and authorize the City Clerk to file a Notice of Completion; b) increase the
contingency amount by $7,201.84, approximately 1.4 percent; c) 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 d) release the
Faithful Performance Bond one year after Council acceptance.
FY2011 -2012 TRAFFIC SIGNAL REHABILITATION PROJECT - AWARD OF
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CONTRACT NO. 4841. [381100 -2012] a) Approve the project drawings and
specifications; b) award Contract No. 4841 to PTM General Engineering Services, Inc., for
the total bid price of $547,050, and authorize the Mayor and City Clerk to execute the
contract; c) establish a contingency of $55,000 (approximately 10 percent) to cover the cost
of unforeseen work; and d) approve Budget Amendment No. 12BA -030 transferring
$233,000 in project savings from Account No. 7261- C3002009 to Account No. 7261 -
C3001007.
8. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT (C -4527) - APPROVAL
OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH
LSA ASSOCIATES, INC. FOR BIOLOGICAL, CULTURAL, AND
PALEONTOLOGICAL MONITORING SERVICES. 1381100 -20121 Approve
Professional Services Agreement Amendment No. 3 with LSA Associates, Inc., of Irvine,
for Biological, Cultural, Archaeological, Paleontological, and Water Quality Monitoring
Services at a not -to- exceed price of $35,800.00, and authorize the Mayor and the City Clerk
to execute the Amendment.
10. AGREEMENT FOR PARTICIPATION IN WATER BUDGET BASED TIERED
RATE GRANT PROGRAM (C- 5107). [381100 -20121 Enter into an agreement with
MWDOC to participate in Water Budget Based Tiered Rate Grant Program, and authorize
the Mayor and City Clerk to execute the agreement.
11. NEWPORT TERRACE LANDFILL GAS COLLECTION AND CONTROL SYSTEM
(SYSTEM) - AWARD OF CONTRACT AND BUDGET AMENDMENT. [381100 -20121
a) Approve an annual contract for $88,080.00 with GC Environmental, Inc. (GCE) for
Operation, Maintenance and Monitoring (OM &M) services of the System, and authorize
the City Manager and City Clerk to execute the Contract on behalf of the City; and b)
approve Budget Amendment No. 12BA -031 transferring a total of $21,180.00 from
Environmental Liability unappropriated fund balance, 292 -3605, to Environmental
Liability, Maintenance and Repair, 3155 -8030, to fund the remaining OM &M services,
possible carbon/sulfa -treat change -outs and emergency repair costs for FYI 1 -12.
12. FASHION ISLANTD AREA STREETS OVERLAY AND SLURRY - AWARD OF
CONTRACT NO. 4813. [381100 -20121 a) Approve the project drawings and
specifications; b) award Contract No. 4813 to EBS General Engineering, Inc. for the total
bid price of $1,886,120, and authorize the Mayor and the City Clerk to execute the
contract; c) establish an amount of $95,000 (5 %) to cover the cost of unforeseen work not
included in the original contract; and d) approve Budget Amendment No. 12BA -032
transferring $373,200 from (Account No. 7281- C2002043) to Account No.
7281- C2002046 and $582,948 from (Account No. 7181- C2002044) to Account No. 7181 -
C2002046.
E. MISCELLANEOUS
13. PLANNING COMMISSION AGENDA FOR APRIL 5, 2012. [100 -20121 Receive and
file.
14. ENFORCEMENT OF CHAPTER 11.04 - NO SMOKING REGULATIONS. [100 -2012]
Receive and file.
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15. STREET TREE DESIGNATION - HOLIDAY ROAD. [100 -2012] Consider the
Recommendation from the Parks, Beaches, and Recreation (PB &R) Commission, and
approve a change in Street Designation for Holiday Road to include the Sycamore tree in
addition to the current designation of the Willow Leaf Peppermint tree.
Motion by Mayor Pro Tem Curry, seconded by Council Member Rosanskv to approve the
Consent Calendar except for the items removed (4, 5 & 9).
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council
Member Selich, Council Member Henn, Council Member Daigle
)III. ITEMS REMOVED FROM THE CONSENT CALENDAR
4. HEIGHT OF FENCES, HEDGES, WALLS AND RETAINING WALLS - CODE
AMENDMENT NO. CA2012 -001 (PA2012 -018). [100 -2012]
Jim Mosher expressed concern that the guideline presented in the report is not clear, asked for a
better understanding of the existing grade and how the new change is going to alter it, and
inquired as to why the diagram is no longer needed.
In response to Mr. Mosher's concerns, Deputy Community Development
Director Wi.tneski clarified that the majority of changes proposed are related to low lying areas
and noted that the section that Mr. Mosher indicated does apply City wide. She added that
the language is included to provide clarification to staff and does not have significant change to
how the Ordinance is interpreted. City Manager Kiff verified with Deputy Community
Development Director Witneski that the typos presented by Mr. Mosher will be corrected to the
Ordinance.
Motion by Council Member Selich, seconded by Council Member Rosansky to adopt
Ordinance No. 2012 -11 as amended approving Code Amendment No. CA2012 -001 amending
Sections 20.30.040 and 20.30.060 of the Newport Beach Municipal Code.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
5. RESOLUTION OF INTENTION TO AMEND THE NEWPORT BEACH TOURISM
BUSINESS IMPROVEMENT DISTRICT (NBTBID) MANAGEMENT DISTRICT PLAN.
[100 -20121
Jim Mosher urged Council to steer away from being involved in marketing efforts and provided
his reasons.
Motion by Mayor Pro Tem Curry, seconded by Council Member Hill to adopt Resolution
No. 2012 -26, a Resolution of Intention to amend the NBTBID and set the public hearing date for
April 24, 2012.
The motion carried by the following roll call vote:
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Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
9. JAMBOREE ROAD IMPROVEMENT AT MACARTHUR BOULEVARD - APPROVAL OF
RIGHT -OF -WAY ACQUISITION SETTLEMENT AGREEMENTS (C- 5106). [381100 -20121
Jim Mosher asked staff to clarify if the burden of cost for the road improvement will be shared
with the City of Irvine and noted that the CEQA review is not clear.
In response to Mr. Mosher's question, Public Works Director Badum stated that the project is
funded through Measure M competitive funding, noted that the City of Irvine is a co- applicant,-
and added that the majority of work is in this City.
Council Member Daigle commended both cities for working together and expressed appreciation
to staff for coordinating the effort.
Motion by Council Member Hill, seconded by Council Member Henn to a) approve four
(4) Settlement Agreements with the three affected property owners and the community
association for the acquisition of real property for the Jamboree Road Improvements at
MacArthur Boulevard project and authorize the Mayor and City Clerk to execute the Settlement
Agreements and Certificates of Acceptance; and b) authorize staff to open four (4) escrow
accounts to make the necessary payments to complete the transaction.
XIV. PUBLIC COMMENTS
Kennie Jo Rizzo thanked Council for allowing residents to attend the Tidelands Committee meetings
about the Estuary, noted that she is thrilled that the Corps of Engineers is moving forward
with dredging their part of the area, urged Council to find funds for the project, and invited Council to
visit the Newport Estuary.
Bill Size thanked City and staff for their recent efforts to include the Semeniuk Slough in the Tidelands
Committee's scope of work.
Kimberly Strye expressed support for the estuary and thanked Council for their attention to the matter.
Gina Lesley asked about the City's dealings with Caltrans regarding the West Coast Highway
landscaping project.
Chad Tillner expressed concern about the removal of fire rings and shared his experience with enjoying
them as a child.
In response to questions, City Manager Kiff stated that the City is trying to find a way to make
improvements with Caltrans keeping ownership, noted that the Semeniuk Slough will cost the City
more money than expected, stated that since the Corps of Engineers is dredging their half of the
project he is hopeful that the City will be able to do a project in the future, and indicated that Council
will further discuss the project at a later date.
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Henn reported that the Harbor Charges Committee is working on providing the proper
level of charges in the Harbor especially focusing on rent for the use of public assets. He stated that
they have completed their review of rent for moorings, rent for Balboa Yacht Basin slips that the City
owns, and now are reviewing the rent to be charged for commercial piers and marinas. He stated that
outreach meetings were conducted where the Committee and City Manager Kiff presented ideas
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and received more feedback. He also stated that most of the operators of Marinas in the Harbor have
spent their own money to build seawalls, parking, and dredging the Tidelands under their docks and
that the Committee needs to consider this. He indicated that they will continue the process, reported
that they will obtain an updated appraisal, hoped to arrive at a consensus, noted that the Committee
will seek a fair and appropriate outcome, and added that they are doing their beat to organize
the process in a consistent manner that citizens expect.
XVI. MOTION FOR RECONSIDERATION - None
XVII. ADJOURNMENT - 8:00 o.m
The agenda for the Regular Meeting was posted on April 5, 2012, at 4:00 p.m on the City Hall
Bulletin Board located outside of the City of Newport Beach Administration Building.
Recording Secretary
Mayor
O L , K��
City Clerk
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