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HomeMy WebLinkAbout10/23/2012 - Regular Meetingt9,i i �1�'� ��> _ _�> � 1 ; ! l � �-Vt , �t -oi City Council Minutes Regular Meeting October 23, 2012 — 7:00 p.m. I. STUDY SESSION - Cancelled II. ROLL CALL - 6:02 p.m. Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle III. PUBLIC COMMENTS REGARDING CLOSED SESSION Regarding Item C under Closed Session, Jim Mosher took issue with City Attorney Harp's advice to Council, particularly with issues related to the proposed City Charter Update. IV. CLOSED SESSION - 6:06 p.m. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(c): 1 potential case B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City Manager /Human Resources Director, Negotiators. Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Lifeguard Management Association (NBLMA); Newport Beach Part Time Unit (UPEC, Local 777); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Association (NBPTEA). C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957) Title: Aaron C. Harp, City Attorney V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Volume 60 - Page 626 City of Newport Beach City Council Minutes October 23, 2012 Present: Council Member Hill; Council Member Rosansky; Mayor Pro Tern Curry; Mayor Gardner; Council Member Selich; Council Member Henn; Council Member Daigle VIII. CLOSED SESSION REPORT City Attorney Harp reported that there were no reportable actions taken. IX. PLEDGE OF ALLEGIANCE - Council Member Henn X. INVOCATION - Mr. Frank Carpenter G" Proclamation to the Port of Long Beach thanking them for their assistance with Lower Bay Dredging sediment disposal Mayor Gardner addressed the current Lower Bay dredging project and noted that the City saved millions of dollars because it was able to dispose of the dredge spoils at the Port of Long Beach. She acknowledged the Port of Long Beach for their efforts and cooperation, and presented a proclamation in appreciation of their help. Harbor Resources Manager Miller acknowledged the attendance of Tom Baldwin from the Port of Long Beach and expressed appreciation to him and the Port of Long Beach for their help in the Lower Bay dredging project. Tom Baldwin expressed his appreciation to Chris Miller for his efforts on the project and Council for the proclamation. XII. NOTICE TO THE PUBLIC XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLAGED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM) Council Member Daigle reported that she serves as a Trustee on the Orange County Vector Control Board and indicated that they would like to attend a Study Session to report on their activities. She announced that she attended an Economic Forecast event hosted by the Newport Beach Chamber of Commerce and presented a summary of the issues addressed. She further announced that the Memorial Bike Ride will be held on October 28, 2012 at 8:00 a.m. and noted a tremendous response from the public. She stated that through fundraising efforts, over $46,000 has been raised thus far. She thanked the City's Recreation staff for coordinating the efforts and noted a number of corporate sponsors of the event. Council Member Henn reported attending the Balboa Beach Music Fest and stated that he took a tour of the new Civic Center. Council Member Selich reported attending a presentation by the architect of the new Civic Center, confirmed that the December 11, 2012 Council meeting will be held in the new Council Chambers, and indicated that move -in will occur sometime in February 2013. He also invited residents to attend the Balboa Island Monster Bash on Thursday, October 25, 2012. Volume 60 - Page 627 City of Newport Beach City Council Minutes October 23, 2012 Mayor Gardner reported on the recent Meet the Mayor Paddle Board Event and that the final Meet the Mayor activity will be on November 17, 2012, where there will be a walk through the Santa Ana Heights area. XIV. CONSENT CALENDAR A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 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. C. CONTRACTS AND AGREEMENTS 4. PROPOSED COMMUNITY EMERGENCY PREPAREDNESS SUPPLY STORAGE CONTAINER WITHIN THE IRVINE TERRACE PARK - APPROVAL OF ENCROACHMENT PERMIT AND AGREEMENT (N2012- 0225). [100 -2012] Allow the City to enter into an Encroachment Agreement with the Irvine Terrace Community Association for the installation of a Community Emergency Preparedness Supply Storage Container within Irvine Terrace Park, contingent upon all conditions of the Encroachment Permit process being met, and author .>.e the City Manager to execute the Encroachment Agreement. 5. JUSTICE ASSISTANCE GRANT - ANNUAL AWARD (C- 3999). [381100 -2012] a) Approve Agreement to transfer funds for Fiscal Year 2012, Justice Assistance Grant Annual Award, and authorize the City Manager to execute the Agreement per Council Policies F -3 and F -25 (Therefore, to comply with Council Policy F -3, the City Manager may accept grants or donations of up -to $30,000 on behalf of the City.); and b) approve Budget Amendment No. 13BA -016 increasing revenue estimates in the amount of $8,139 in Account #1290 -5257, and increase expenditure appropriations in Account #1290-7095. 6. AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING' CENTER DC &E FOR THE PREPARATION OF THE ENVIRONMENTAL IMPACT REPORT FOR THE UPTOWN NEWPORT MIXED USE RESIDENTIAL DEVELOPMENT LOCATED IN THE AIRPORT AREA (C- 4941). [381100 -2012] Approve the amendment to the Professional Services Agreement, and authorize the Mayor and City Clerk to execute the agreement. 7. FY2011 -2012 STREETLIGHT IMPROVEMENT PROJECT - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4822. [381100 -2012] 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 65 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. APPROVAL OF AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR THE BUCK GULLY Volume 60 - Page 628 City of Newport Beach City Council Minutes October 23, 2012 RESTORATION PROJECT LANDSCAPING MONITORING (C- 3811). [381100 -2012] Approve Amendment No. 5 to the Professional Services Agreement with RBF of Irvine, California, at a cost not to exceed $83,070.00, extend the term of the agreement to March 31, 2018, and authorize the Mayor and City Clerk to execute the Agreement. 11. CENTRAL LIBRARY CLERESTORY REPAIR - AMENDMENT NO. 5 TO THE NEWPORT BEACH CIVIC CENTER CONSTRUCTION CONTRACT (C- 4527). [381100 -2012] a) Approve Amendment No. 5 to the Construction Manager at risk Contract with C.W. Driver amending the Guaranteed Maximum. Price to add the repair of the Central Library Clerestory to the Civic Center project at a cost not to exceed $720,913 and authorize the Mayor and the City Clerk to execute the amendment; and b) approve Budget Amendment No. 13BA -018 appropriating $720,913 to the Newport Beach Civic Center Project Account No. 7410- CIO02009 from Facilities Replacement Fund reserves. D. MISCELLANEOUS 12. HUMAN' SERVICES GRANT FOR 2012 -2013. [100 -2012] Authorize the allocation of $25,000 in Human Services Grants in the following manner: $4,000 to Youth Employment Services (Harbor Area), $3,500 to Serving People in Need (SPIN). $4,500 to Orange County Council on Aging, $4,000 to Advocates for Grandparent - Grandchild Connection, $5,000 to Central Orange Coast YMCA, and $4,000 to Newport Harbor High School. Council Member Hill indicated that he had changes to the September 25, 2012 Regular Meeting Minutes. City Clerk Brown advised him to address the amendments during Motion for Reconsideration. Motion by Mayor Pro Tom Curry, seconded by Council Member Rosanskv to approve the Consent Calendar, except for the items removed (1, 3, 8 and 10). The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle XV. ITEMS REMOVED FROM THE CONSENT CALENDAR MINUTES FOR THE OCTOBER 9, 2012 REGULAR MEETING. [100 -2012] Jim Mosher reported submitting corrections to the City Clerk. He indicated that some of the paragraphs in the September 25, 2012 minutes were out of order and questioned why Council would approve them as presented. Mayor Gardner noted that, since Mr. Mosher is referring to earlier minutes, those minutes cannot be addressed at this time. Motion by Mayor Pro Tern Curry, seconded by Council Member Rosanskv to waive reading of subject minutes, approve as amended and order filed. Volume 60 - Page 629 City of Newport Beach City Council Minutes October 23, 2012 The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Piro Tem. Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle 3. ADOPTION OF ORDINANCE NO. 2012 -22 TO APPROVE AN AMENDMENT TO THE CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (C -563) TO PROVIDE SECOND TIER BENEFIT FORMULAE. [381100- 20121 Jim Mosher believed that Council will not be able to adopt the Ordinance because the certified copy of the Ordinance was not complete for public review. He also noted errors within the contract and believed that Council should be included in the exemptions. City Attorney Harp reported that the Ordinance can be adopted tonight and offered methods provided for in Government Code Section 36933 for complying with publishing requirements. He noted that, as long as the Ordinance is published within fifteen days of passage, in the newspaper, it complies with the law. He reported that Mr. Mosher's comments were received today and that staff will double check to ensure there are no errors within the contract. Motion by Council Member Rosansky, seconded by Council Member Hill to conduct second reading and adopt Ordinance No. 2012 -22 amending the contract between the City of Newport Beach and the California Public Employees Retirement System to provide the. following second tier retirement benefit formulae: 3 % @55 for Police, 2 % @50 for Firefighters, 21%F:50 for Lifeguards, and 2 % @60 for Miscellaneous members. 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 8. AMENDMENT NO. 1 TO AGREEMENT WITH GLOBAL POWER GROUP INC. FOR GENERATOR PREVENTATIVE MAINTENANCE AND REPAIR SERVICES (C- 4772). [381100 -20121 Jim Mosher noted that an exemption from prevailing wages was mentioned in the report, noted errors in the agreement, and referenced a recent lawsuit where it was ruled that the State's Prevailing Wage Law does not exempt Charter Cities from the Labor Code. He believed that the City is ignoring State law. City Attorney Harp noted that Mr. Mosher cited one of many cases that have addressed the issue of prevailing wages. He reported that given recent case law, it is best to make a specific finding and assert that the City is taking advantage of the ability to not pay prevailing wages when contracts are being paid using local funds. In response to Council Member Daigle's question, City Manager Kiff noted that City staff sometimes conducts the work. He reported that there are about 20 pump stations, and that some have generators and some require generators to be taken to them. Motion by Council Member Rosansky, seconded by Mayor Pro Tern Curry to a) approve Amendment No. 1 to Global Power Group Inc. agreement for generator preventative maintenance and as- needed repair services; and b) direct that this project be Volume 60 - Page 630 City of Newport Beach City Council Minutes October 23, 2012 exempt from the payment of prevailing wages because this project is financed with local funds and involves a matter of local concern. 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 10. APPROVAL OF LANDSCAPE MAINTENANCE AGREEMENT FOR CITYWIDE MEDIANS AND ROADSIDES (C- 5266). (38/100 -20121 Jim Mosher referenced a lawsuit involving the City of Vista and reiterated comments regarding exemptions from prevailing wages. He believed that the maintenance of streets is not a municipal affair. Dan Purcell stated that City sidewalks are over with hedges, trees and thorny plants; referenced the length of the agreement; and suggested that the matter be presented to the Parks. Beaches and Recreation Commission. He asked that the work be performed to the highest industry standards and believed that this is a good opportunity to require the use of vacuums instead of blowers. Motion by Council Member Rosansky. seconded by Mayor Pro Tem Curry to a) approve a five year agreement with Park West Landscape Management for landscape maintenance of Citywide medians and roadsides; and b) direct that this project be exempt from the pay °nent of prevailing wages because this project is financed with local funds and involves a matter of local concern. 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 XVI. PUBLIC COMMENTS Jim Mosher encouraged voters to vote no on Measure EE and commented on the combination of various issues in one measure. Novell Hendrickson read a statement from the League of Women Voters recommending that voters vote no on Measure EE. I{imberly Minims commented on a YouTube 'Bullying Warrior" video, encouraged the public to step in when they observe bullying, and thanked the City Council for their consideration. Ron Hendrickson spoke in support of voting no on Measure EE and highlighted various items that he believed needed additional public input and consideration. Robert Hawkins encouraged residents to vote no on Measure EE. He addressed the issue of class action lawsuits, questioned why claims would not be required to be in writing, addressed publication requirements, and noted that the Charter is the City's Constitution. He took issue with the City Attorney providing an impartial analysis regarding Measure EE. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Volume 60 - Page 631 City of Newport Beach City Council Minutes October 23, 2012 Referencing the Airport Land Use Commission, Council Member Daigle reported on the Uptown Project which will be reviewed by Council. She also discussed the Airport Environs Land Use Plan (AELUP), noting that Council can override the Commission and make certain findings. XVIII. PUBLIC HEARING 13. VACATION OF EXISTING SEWER BASEMENT AT 205 CARNATION AVENUE AND 101 BAYSIDE PLACE. [100 -2012] Public Works Director Webb presented a staff report, noting that the sewer is not needed by the City, the property is being consolidated and has received approval for development, and is now being served by a sewer that runs through Bayside Place. Motion by Council Member Hill, seconded by Council Member Henn to a) adopt Resolution No. 2012 -93 ordering the vacation of existing sewer easement; b) direct staff to process the vacation of said easement; and c) direct the City Clerk to have the Resolution and easement documents recorded by the Orange County Recorder. Mayor Gardner opened the public hearing. Hearing no testimony, she closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle XIX. CURRENT BUSINESS 14. APPOINTMENTS TO THE BALBOA VILLAGE ADVISORY COMMITTEE (BVAC). [100 -2012] Mayor Gardner indicated that she would like to appoint Mayor Pro Tem Curry to BVAC. Jim Mosher recommended the appointment of Howard Hall to BVAC because he would bring institutional knowledge and believed that a diversity of opinions would be useful. He expressed opposition to appointing Ralph Rodheim since he already serves on a commission. City Clerk Brown provided paper ballots and announced the following votes: Balboa Village Business Improvement District (BID) Board Member: Ralph Rodheim - Hill, Rosansky, Curry, Selich, Henn, Daigle, and Mayor Gardner ExplorOcean Representative: Tom Pollack - Hill, Rosansky, Curry, Selich, Henn, Daigle, and Mayor Gardner Balboa Peninsula Point Homeowners Association Member: Gloria Oakes - Hill, Rosansky, Curry, Selich, Henn, Daigle, and Mayor Gardner Central Newport Beach Community Association Member: Laura Keane - Hill, Rosansky, Curry, Selich, Henn, Daigle, and Mayor Gardner Volume 60 - Page 632 City of Newport Beach City Council Minutes October 23, 2012 At -Large Representative: Jim Stratton - Hill, Rosansky, Curry, Selich, Henn, Daigle, and Mayor Gardner Motion by Council Member Henn, seconded by Mayor Pro Tem Curry to a) confirm the \Mayor's appointment of Mayor Pro Tem Curry to BVAC; b) waive portions of City Council Policy A -2 (Board and Commission Appointments); and c) confirm the City Council's appointments made by paper ballot. 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 15. CORONA DEL MAR LANE MERGE RELOCATION TRIAL - TRAFFIC ANALYSIS. [100 -2012) City Manager Kif£ reported receiving a request from the Corona del Mar Business Improvement District (BID) asking that Council not act on the item tonight. In response to Council Member Daigle's question, Public Works Director Webb noted that the plan is to take out the striping and markings, and install sharrows. Motion by Mayor Pro Tem Curry, seconded by Council Member Henn to a) direct staff to remove the temporary street striping and markings on East Coast Highway, and return the eastbound traffic lane merge to its former configuration; and b) continue the item to the November 13, 2012 City Council meeting. Dick Nichols noted the negative effect on traffic with the opening of the new City Hall and due to the temporary street striping and markings. 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 XX. MOTION FOR RECONSIDERATION Motion by Council Member Hill, seconded by Council Member Rosansky to reconsider the minutes of the September 25, 2012 Regular City Council Meeting (Item 1 from the October 9, 2012 City Council meeting).' 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 Council Member Hill requested that 1) the motion for Item 15 (Balboa Village Implementation Plan) be amended on pages 603 and 610 to state that the RV parking element be removed, not the Residential Parking Survey; 2) his duplicative statement on pages 605 and 606 (Item 18 - Model Lease Template for Commercial Marina and Marina Index) be removed; and 3) that the paragraphs on page 609 (Item 21 - Further Direction Sought) be rearranged. Motion by Council Member Hill, seconded by Mayor Pro Tem Curry to a) amend the motion for Item 15 (Balboa Village Implementation Plan) on pages 603 and 610 to state that the Volume 60 - Page 633 City of Newport Beach City Council Minutes October 23, 2012 RV parking element be removed, not the Residential Parking Survey; b) Council Member Hill's duplicative statements on pages 605 and 606 (Item 18 - Model Lease Template for Commercial Marina and Marina Index) be removed; and 3) rearrange the paragraphs on page 609 (Item 21 - Further Direction Sought). Jim Mosher thanked Council Member Hill for addressing the matter. The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Council Member Rosansky XXI. ADJOURNMENT - Adjourned at 8:07 p.m. in memory of George J. McGaffigan The agenda for the Regular Meeting was posted on October 18, 2012, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary 112,4_� Mayor O C s r U' I City Clerk Volume 60 - Page 634