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HomeMy WebLinkAbout01 - Minutes - 10-09-2012Agenda Item No. October 23, 2012 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 9, 2012 — 7:00 p.m. I. STUDY SESSION - Cancelled II. ROLL CALL - 6:00 p.m Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem`Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle G, III. PUBLIC COMMENTS REGARDING CLOSED SESSION Referencing Closed Session Item C (City Attorney Performance Evaluation), Jim Mosher expressed concern about the quality of legal advice the City receives, discussed the incomplete red light prohibition proposed for the Charter in Measur , , believed 16t Item 4 (Prevailing Wages) and the Charter proposal in Measure EE to prohibit �classtaction lawsuits may have legal and financial ramifications for the City, and noted that Measure EE'does not have a severability clause. IV. CLOSED SESSION - 6:05 p.rrL A. CONFERENCE WITH -XEGAL COUNSEL = OUSTING LITIGATION (Government Code § 54956.9(a)): 1 mattes'' of Newport Beach, et. at. Orange C,ounty?SuperiuirCourt Case -Nd.- 30`2010- 00365758 California CourfJAppeal`Case No. G045622. 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, lUague (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 Volume 60 - Page 612 City of Newport Beach City Council Minutes October 9, 2012 Ill. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle VI. CLOSED SESSION REPORT - City Attorney Harp reported that =there were no reportable actions taken VII. PLEDGE OF ALLEGIANCE - Council Member Daigle - r VIII. INVOCATION - Melinda Blackman, Harbor Christian" Church IX. PRESENTATIONS l Presentation of Donation Check from the Friends ,of the Library for $187,000 - Library Services Director Cowell reviewed how the- donation will b6�used and Wendy Frankel, Volunteer Coordinator for the Friends of the Library Bookstore, presented the - $187,000 check to Mayor Gardner. Proclamation to recognizing Dean O'Malley and JetLev- Southwest for setting a new world record by flying a JetLev /Jetpack from the City,, of Newport Beach to Avalon on Catalina Island - Mayor Gardner read' --ih , proclamatioril and- presented ii"to Dean O'Malley. Mr. O'Malley thanked the City and discussed the',connection between his flight and the historic. water -to -water flight by Glen Martin 100 yeaistago. X. NOTICE TO THE PUBLIC' - - -- XI. Council MemBe'r, Hill invited everyone to attend the Annual Fire and Lifeguard Appreciation Beach Party on October -h,, at the Newport Dunes at 6:00 p.m. and to the Annual Economic Forecast for 2013 hosted by the Newport Beach:�Chamber of Commerce on October 19 at 7:30 a.m. at the Newport Marriott Hotel and Spa'> Council Member Henn invited everyone to attend the Balboa Beach Music Feat from noon to 10:00 p.m. at Peninsula Park. He also announced that he attended Public Safety Day on October 6. Council Member Selich announced that the architect of the Newport Beach Civic Center Project, Peter Bohlin, will be discussing his design and vision for the future on October 22 at the Central Library at 7:00 p.m. Mayor Gardner invited everyone to Paddle with the Mayor on October 13 at 9:00 a.m., leaving out of China Cove. She also announced that the installation of Sharrows will begin the last week of October. Volume 60 - Page 613 City of Newport Beach City Council Minutes October 9, 2012 XII. 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. B. ORDINANCE FOR ADOPTION .rr 3. SECOND READING - REPEALING SECTION ,9'A4.060 OF THE NEWPORT BEACH MUNICIPAL CODE AND ADOPTING =?, NEW SECTION 9.04.060 OF TITLE 9, CHAPTER 9.04, TO REMOVE, (SECTION'.;'610 BREATHING AIR REPLENISHMENT SYSTEMS (BARS). [1 0 0 =2 0 121 Conduct second reading and adopt Ordinance No. 2012 -21 repealing Section 9.04.060 of the NewporEBeach Municipal Code and adopting a new Section 9.04.060 of -Title 9 Chapter 9.04, to ",r move Section 610 Breathing Air Replenishment Systems (BARS). ,- D. CONTRACTS AND AGREEMENTS A 5. NEWPORT BEACH CIVIC ,'CENTER AND`,MARK PROJECT - APPROVE PURCHASE OF FF &E FOR 'LIARARY EXPANSION (MILLWORK, ANCILLARY FURNITURE, CEILING FABRIC AND ' "DESK CARREL LIGHTING AND POWER FIXTURES) (C- 4527). [381100 -2012[ a) Approb64,he purchase of millwork furniture from Montbleau and . ancillary £urnitu purchase of fabi-i purchase of libra exceed price ofd' agreements with ,_post for these'pri 'including applica agreements ($25 �Alanager to exe Library Expaw ceiling, ociates, Inc. for a not` -to- exceed - price of $210,916.00; purchase of from Pivot Interior "s; Inc. for a not -to- exceed price of $223,189.61; !iliiig from Preferred Ceilings for a not -to- exceed price of $15,890.00; zrrel lighting and power fixtures from Rosendin Electric for a not -to- ,525.00; and authorize the City Manager to execute the purchase hlesii`and, Associates, Inc., Pivot Interiors, Inc., Preferred Ceilings, i..n. a form reviewe) d and approved by the City Attorney. The total ace -for the Library Addition to the new Civic Center is $500,520.61, sale1q,tax; b) establish a budget of approximately 5% of the FF &E total )) as FF &E contingency for unforeseen costs and authorize the City y, amendmQnts as needed to complete the purchase FF &E for the project; and c) approve Budget Amendment No. 13BA -017 520.61 from the FY 2013 Major Facilities fund balance reserves to 1002033 to fund the purchase of millwork, ancillary furniture, fabric and power fixtures for the Library Expansion. 6. 2012 -2013 CITYWIDE SLURRY SEAL - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5087.138/100-20121 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 the applicable portions of the Civil Code; and c) release the Faith Performance Bond one year after Council acceptance. E. MISCELLANEOUS 8. PLANNING COMMISSION AGENDA REPORT FOR OCTOBER 4,2012,[100-20121 Volume 60 - Page 614 City of Newport Beach City Council Minutes October 9, 2012 Mll. Receive and file. 9. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO THE LIBRARY S FISCAL YEAR 2012 /2013 MAINTENANCE AND OPERATION BUDGET. [100 -20121 Approve Budget Amendment No. 13BA -015 to increase revenue estimates by $187,000 in Account 4091 -5892 (Friends of the Library Donations) and to increase expenditure estimates by the same amount in Division 4091 (Friends of the Library) and Division 4060 (Literacy Services). r -� 11. 2013 NEWPORT BEACH RESTAURANT WEEK MARKETING PROFESSIONAL SERVICES AGREEMENT (C- 5257). 138 /100- 20121,Approve and authorize the Mayor and City Clerk to sign the January 2013 Rest6urant�We Wek Professional Services Agreement between the City of Newport Beach ,,aird Calif ornia,arketing Concepts, Inc, (CMC, Inc.). s t 1 12. AMEND AND RE- AFFIRM COUNCIL INVESTMENT POLICY,-(F -I). [100 -20121 Adopt Resolution No. 2012 -90, approving- amendments to, and reaffirmiAeCouncil Policy (F -1) Statement of Investment Policy, as amended. (Mayor Pro Tem Curry °abstained on this item) 13. RESPONSE TO THE OR, PERFECT STORM ". [100 -. Judge of the Superior Court. Consent Calendar, except for the abstention on Item 12). -" ,4TY GRAND. JURY -'ELDER ABUSE: THE ize -the Mayoko,send a response to the Presiding y'Council Member Rosanskv to approve the 4, 7 and 10; and noting Mayor Pro Tem Curry's The motion carried by the £ollowing;'rtoll -call vote: Ayes: Council M6tnber Hill-,,Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member'Selich, CouncilrMember,Curry, Council Member Daigle 1. MINUTES„ FOR THEFSEPTEMBER SEPTEMBER 25, 2012 STUDY SESSION 12, 2012 SPECIAL MEETING AND THE AND REGULAR MEETING. [100 -20121 Jim Mosher referenced the September 25 minutes, page 609, and requested that the City Council direct the City CleA& to'rearrange paragraphs that are out of order. Motion by Mayor Pro Tem Currv, seconded by Council Member Rosanskv to waive reading of subject minutes, approve as amended, and order filed. Mayor Pro Tem Curry indicated that his motion does not include the request by Mr. Mosher to rearrange paragraphs. 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 Curry, Council Member Daigle Volume 60 - Page 615 City of Newport Beach City Council Minutes October 9, 2012 4. PREVAILING WAGE EXEMPTION. [100 -20121 Council Member Henn expressed concern with continuing the item indefinitely and suggested continuing the item to the second Council meeting in January 2013. Motion by Council Member Henn, seconded by Council Member Rosanskv to continue the item to the January 22, 2013 Council meeting. The motion carried by the following roll call vote Ayes: Council Member Hill, Council Member Rosahsky, Mayor PrqrTem Curry, Mayor Gardner, Council Member Selicb, Council Member Henn, Council Member Daigle 7. ACQUISITION OF NON - CONFORMING INDUSTRIA17PROPERTY LOCATED AT 1499 MONROVIA AVENUE, NEWPORT BEACH, CALIFORNIA (C- 5256). 1381100 -20121 Jim Mosher believed that the reason for buying the property is to conheet 15th Street to the proposed Banning Ranch property, and that thezBanning Ranch developers 'should be paying for some of the purchase and providing land for fi,\ew community center. He requested that Council reconsider the purchase. Robert Hawkins, former Planning Commissioner, discussed the history of the property, believed that the City should not be spending{tFiis money and sl&Wd have done an environmental review, discussed what is involved with, eminent- domain, and `requested that the City Council not purchase the property. Motion by Council Member Rosanskv, secan'ded by. Council Member Henn to a) authorize the City Manage, to execute a purchase and sale agreement, in a form substantially similar to the document attisched to the star£ report, and all associated documents, with Ken Kaplan to acquire tiie property for a purchase price of $4.3 million; and b) approve the interfund transfer budget amendment (Budget Amendment No. 13BA -014) in the amount of $4.3 million to the West Newport &'pital "Projects Fund, from the Facilities Replacement Fund, to fund the acquisition ofthe_propert5 ; _ The motion carried by, the.folldwing 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. RESPONSE, TO THEj,j ORANGE COUNTY GRAND JURY - "TRANSPARENCY BREAKING UP COMPENSATION FOG - BUT WHY HIDE PENSION COSTST' [100 -20121 Jim Mosher belie'ved ,that the public cannot determine how much current and past Council Members are costin the taxpayers and that Council Members should not be receiving compensation pursuant to the City Charter. He stated that staff believes that the IRS requires that health and pension benefits be provided to Council, but expressed the opinion that this does not follow the Charter. He believed that there are ways to change the Charter to retain its intent and not violate any IRS provisions, and took issue with how Council compensation is being proposed in Measure EE. He noted that there are no contracts with Council Members so it is hard to determine what Council is entitled to. He stated that the original Charter was written by citizens, not Council Members. Robert Hawkins provided a handout, took issue with Measure EE as it relates to compensation, discussed the City Clerk's requestfor them to amend their rebuttal to the direct argument, Volume 60 - Page 616 City of Newport Beach City Council Minutes October 9, 2012 believed that the amount of Council compensation is not transparent, and encouraged voters to vote no on Measure EE. In response to Mayor Pro Tern Curry's questions regarding Measure EE, City Attorney Harp confirmed that if Measure EE passes, it will not increase any Council Member's compensation from what they are receiving today; does not change the medical benefits or retirement formula for Council Members since they are considered employees under the IRS Rules and are required to participate in the retirement system and are entitled to the medical benefits. Further, the Charter section related to pensions is under a different section than is referenced by the opponents of Measure EE. to authorize the Mayor to send a response to the Presiding Judge of the Superior Court. Council Member Daigle commended the City for its progress relativ to pension reform. The motion carried by the following roll call vote: y, {>l' .y Mayor Gardner, Ayes: Council Member Hill, Council Member Rosansk Iayor Pro Tem. Ciiri•.., Council Member Sebch, Council Member Henn „Council Member Daigle XiV. PUBLIC COMMENTS Jim Mosher believed that the dialogue during- -Item 10 beta"een Mayor Pro Tern Curry and City Attorney Harp was inappropriate. He refereuced-pioppsed Ordinance No. 2012 -22, paragraph 5 of the amended California Public Employees Retirement 8' 6m (PERV ontract, which was discussed at the September 11, 2012 Council meeting, and suggested ad_ding,houncil Members to the list of excluded employee groups. r, George Schroeder, Speak;-Up Newport (www.speakupnewport.org), invited the public to attend their October 10 meeting at 6:00 p ,m. where they will be discussing cycling in the City. He stated that speakers will include Citizens Bicycle Safety Committee Member Tony Petros and Police Chief Jay Johnson. Kimberly Minims stated` -bat she-,is. speaking on-behalf of students and teachers against bullying, relayed her, daughter's story,- encouraged people to watch the Bullying Warrior video on YouTube, and discussed the effort to create Aill into la w. Ron Hendrickson thanked staff for placing election information on the City's homepage. He indicated that he opposes Xleasure EE, took issue with there only being one yes /no question for all of the proposed Charter amendment:,, and expressed opposition to the red light camera prohibition being added to the proposed amendment.,,. ,He believed that the City's audit does not need to be published in its entirety; however, if it is required,6 be'published, the City has not been following the Charter. Novell Hendrickson took is "sue with only having one yes /no question to vote on relative to Measure EE, similar to the Charter amendments presented in 2010. She discussed the July 10 Study Session and Council meeting about the Charter amendments, believed that citizen participation was hindered, and expressed opposition to the red light prohibition. She stated that she will be voting no on Measure EE. Robert Hawkins provided handouts relative to the Ardon v. the City of Los Angeles case and expressed opposition to prohibiting class action lawsuits as proposed in Measure EE. He encouraged voters to vote no on Measure EE (www.no2measureee.com). In response to Council Member Daigle's questions, City Attorney Harp clarified that individuals and small groups of individuals may file claims against the City. He stated that the proposed Charter Volume 60 - Page 617 City of Newport Beach City Council Minutes October 9, 2012 section prohibits lawyers from bringing forward claims in order to cause the City to incur attorney fees for themselves without allowing the real victims from receiving any benefit. Mayor Pro Tem Curry requested and received confirmation from City Attorney Harp that the annual financial statement (Comprehensive Annual Financial Report [CAFR]) is required to be published and is over 200 pages. City Clerk Brown indicated that the Daily Pilot estimated that it would cost between $13,000 to $18,000 to publish the annual financial statement in its entirety for a single day. XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Pro Tem Curry indicated that he spoke with San Diego Mayor Jerry Sanders at a recent Association of Orange County Cities meeting and was inspired by wh it San Diego is doing relative to pension reform. .if Council Member Daigle noted that she serves as a Trustee or,the Orange;County Vector Control and reported that they are actively spraying for the West Nile virus in Big Canyoiitreek. She also provided the City with a DVD about actions residents can take to.ieduce, their risk for contracting the West Nile virus. r XVI. PUBLIC HEARING �• == 14. ANNUAL REVIEW OF ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT FOR SOBER LIVING `BY THE SEA;, INC. (SLBTS) (PA2010 -150) - 505 29TH ST., 112 40TH ST. UNITS A AND`B (CLOSED), 126,,44TH STREET UNITS A AND B, 5004 NEPTUNE AVE. UNITS A AND B, 5'1x1- .RIVER AVE. UNIT B, 3980 SEASHORE DR., 4711 AND 4711'/. SEASHORE DR„ 4500AS _4 - SFASPIORE DR. (CLOSED), 4800 SEASHORE DR. UNITS.A AND B, 611'1 SEASHORE 'DR 6110 W. OCEAN FRONT, 4138 PATRICE RD., AND 2ft VILLA WAY (C- 4345). (381100 -2012] " Assistant Planner Whelan pro ided a Powei[Point presentation that displayed Sober Living by the Sea (SLBTS) facilities5'discussed compliance review, code enforcement inspections, and inspection results_ highlighted various complaints received by the City; and the City's conclusions and recomniendat on,, ShE`,reported"thatittheiCity received correspondence today which believes that SLBTS opened:'another� acility at 3206 and 3206'/. Balboa Boulevard. However, she indicated that there ik no evidence that the facility is related to SLBTS. She added that the adtiresses are on the Cities websit >.of facilities, but under a different operator. She noted that SLBTS-staff is in the audience to answer any questions. City Manager Kiff added that 3206 and 3206%'Balboa Boulevard is unlicensed but has received reasonable accommodation. Mayor Gardner open4the public hearing. Laura Curran discussed'the agreement and use permit process, and requested that this process be extended to all ofi_the integral facilities in the City, like the Miramar facilities at 403 and 403%. Dahlia. " Hearing no further testimony, Mayor Gardner closed the public hearing. Motion by Mayor Pro Tem Curry, seconded by Council Member Henn to a) find that SLBTS has demonstrated good faith compliance with the terms of the Zoning Implementation and Benefit Agreement; and b) receive and file documents submitted by SLBTS to demonstrate good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement. Volume 60 - Page 618 City of Newport Beach City Council Minutes October 9, 2012 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 XVII. CONTINUED BUSINESS 15. COMMERCIAL LEASE TEMPLATE: MARINA INDEX. [100-20121 Mayor Gardner stated that, due to scheduling issues, she is recommending holding the special meeting at 4:00 p.m. on October 23, before the regular meeting. Motion by Council Member Rosanskv, seconded by Council Member Henn to continue the item to a Special Meeting to be held on Tuesday, October 23, 2012, at 4:00 p.m. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Ro4ansky.Alayor Pro Tern Curry„ Mayor Gardner, Council Member Selich, Council Membe,r'Henn„ Cvouncil Member Daigle XVIII. CURRENT BUSINESS 16. OCTOBER 28, 2012 MEMORL4L. BIKE RIDE, WAIVER OF FEES, BIKE SAFETY IMPROVEMENT FUND (BSIF). 1106, 2VI2f City Manager Kiff provided the staff report and highlighted the recommendations. Cameron Phillips, Tealr�Simple Green /Bike�Relligion Bike Club, stated that he is looking forward to being part of the,MemoriaPffide and for any cycling efforts done by the City in the future. r Laura Curran commended the City for creating the fund but believed that the $450,000 should be the beginning of -, the- ei(6f -ts. -. She suggested dedicating money towards improving infrastructure for - edestrians and cyclists..` Jim;Mosher referenced'Cha te,.Section 1113,wbich allows the City to create special capital impitovement funds. In response to Mayor Pro „,Pen Curry's question, City Attorney Harp confn-med that the City is required to publish the annual financial statement (Charter Section 1116). April Morris, memorial Bide organizer, reported that they have already collected $18,720 and expressed appreci`ation..6 the City for their assistance and matching fund recommendation. In response to Council questions, Ms. Morris reported that volunteers can collect cash donations at the event, raffle prizes will be given out at a separate event after the bicycle ride, families and children will start the ride, and the ride will only have right turns. She added that donations can be made at www .newportbeachmemorialride.com, as well as purchases of Share the Road shirts ($15) and bracelets ($1) . Motion by Council Member Hill, seconded by Council Member Daigle to a) authorize a match of City resources at a proposed 3:1 ratio for all funds raised from community fundraising efforts for bicycle safety that occur prior to December 31, 2012 (The 3:1 match means that for every dollar raised by the community, the City will match three additional dollars in bike safety project expenditures and fee waivers, with a cap or $450,000 for the City's contribution. The Volume 60 - Page 619 City of Newport Beach City Council Minutes October 9, 2012 City's match may include competitive grant awards from sources such as Measure M.); b) authorize the City to act as a sponsor of the event, approve a fee waiver, and a City commitment to cover the cost of the special event insurance for the memorial bike ride fundraiser on October 28, 2012, with a not -to- exceed amount of $10,000 included within the City's matching contribution; and c) direct Public Works staff to develop a Resource Plan for the implementation of bicycle safety improvement fund projects that will be funded by community funding efforts and any City matching expenditure that is approved. The motion carried by the following roll call vote: n Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro,Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle i XIX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT- Adjourned at 8:17 p.m in memory of former children's television host "Sheriff' John Rovick The agenda for the Regular Meeting was posted. on October 4, 2012, at 4:10 psm. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor Volume 60 - Page 620 "RECEIVED AFTER AGENDA PRIhTE , I 10-23 -2.012 Draft Minutes for October 9, 2012 (October 23 Agenda Item 1) The following typos and possible errors were noticed in the Draft Minutes for the October 9 Council Meeting, being considered for approval as Agenda Item 1 on October 23, 2012. Suggestions submitted by Jim Mosher( yahoo.com ; (949) 548 -6229) Volume 60 - Page 614 (final lower case line) o I' release the Fzakh Faithful Performance Bond one year after Council acceptance." (note: the minutes properly reflect the way the proposed action was announced in the October 9 agenda, however "Faithful" was correctly spelled in the action recommended in the staff report. It is unclear- which action the Council tools by approving the Consent Calendar) Volume 60 - Page 615 (Item 12) C "AMEND AND RE- AFFIRM COUNCIL INVESTMENT POLICY (ILI_I)." (this is supposed to be the number "1 " not the letter "F) (in both votes listed on this page) o The vote lists the 2011 Council with Mayor Henn and Mayor Pro Tem Gardner. It should list the current Council with Mayor Gardner and Mayor Pro Tem Curry. r� � S W N - 6..t_ N o U rya