HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1
November 13, 2012
City Council Minutes
Regular Meeting
October 23, 2012 -- 7:00 p.m.
I. STUDY SESSION - Cancelled
II. ROLL CALL -6:02 p.m.
III.
Present: Council Member Hill, Council Member Rosansky,
Gardner, Council Member Selicb, Council Member He
Regarding Item C under Closed Session, Jim Mo:
to Council, particularly with issues related to the
IV. CLOSED SESSION - 6:06 p.m.
Pro Tem Curry, Mayor
cil Member Daigle Added
Sy Attorney HaI advice
Update. Amended
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -
INITIATION OF LITIGATION Ivernm ne t Code § 54956.9(c): 1 potential case
B. CONFERENCE WITH LABOR'N']'GOTIATORS (Government Code § 54957.6)
,���
Agency Designated(Reepre.s nta ives: Dave Kiff, City Manager and Terri Cassidy,
Deputy City Manager /I3uma ,Resources Director, Negotiators,
Employee Oiganimitions: All Labor Associations: Association of Newport Beach Ocean
Lifeguards (A$OL)Newport Beach City Employees Association (NBCEA); Newport
Beach Employee$ /League (LABEL); Newport Beach Firefighters Association (NBFA);
Newport Beach )Fire Management Association (NBFMA); Lifeguard Management
Association (NBEMA); 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 (NIBPTEA).
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
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. Amended
XVIII. PUBLIC HEARING
13. VACATION OF EXISTING SEWER EASEMENT 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.
Resolution No. 2012 -93 ordering the vacation of existing
process the vacation of said easement; and c) direct the
and easement documents recorded by the Orange County
Mayor Gardner opened the public hearing. HearrTr
public hearing.
The motion carried by the following roll call v(o *e�:.
Ayes: Council Member Hill, Council Member�Ri,eansk
Gardner, Council Member Selich, Qo cil Mbraber
XIX. CURRENT BUSINESS
[ember Henn to a) adopt
easement; b) direct staff to
erk to have the Resolution
she closed the
y, _Mayor Pro Tem Curry, Mayor
Henn, Council Member Daigle
14. APPOINTMENTS TO THE BAAI,B'OA VILLAGE ADVISORY COMMITTEE (BVAC).
(100 -2012] (\ f '\\—/
Mayor Gardner mdicai\ lthvshe would like to appoint Mayor Pro Tern Curry to BVAC.
Jim Moshei�ECC nd'edI the appointment of Howard Hall to BVAC because he would
bring institut nal knoytledge and believed that a diversity of opinions would be useful. He
expressed opposition to appointing Ralph Rodheim since he already serves on a
commission. �n
City Cleric 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
"Rrvf_6VED AFTER DOA
-I ._, # r
-
Draft Minutes for October 23, 2012 (November 13 Agenda Item 1)
The following errors and possible corrections were noticed in reviewing the Draft Minutes for the October
23 Council Meeting, being considered for approval as Agenda Item 1 on November 13, 2012. Suggestions
submitted by Jim Mosher (jimmoshcr@yahoo.com com ; (949) 543 -6229)
Volume 60 - Page 626
(after " Il. ROLL CALL - 6:02 p.m. ")
0 The result of the 6:02 pm roll call is not listed. I believe all members were present.
(in "III. PUBLIC COMMENTS REGARDING CLOSED SESSION')
C The reference in the draft minutes to the California Environmental Qualities Act seems odd to me
since I have no recollection ofsaying anything regarding it, Suggested change:
"Regarding Item C under Closed Session, Jim Mosher took issue with City Attorney Harp's advice
to Council, particularly with issues related to the EaJifereia Fy+o+tAt<}Gtyz�
(GF,QA) -*n4-the proposed City Charter U date."
Volume 60 - Page 627
(third paragraph from end)
C "... a Trustee on the Orange County Vector Control Board ...
Volume 60 - Page 632
(second line)
C "She also discussed the Airport Environs Land Use TSa*4e01 4,;tt Plan, ..." (note: the form used
in the draft minutes is definitely incorrect. Council Member Daigle actually said "Airport Land
Use Environs Plan " but 1 assume she meant AEL UP)
SR
v.,
C�
0
Agenda Item No. 1
November 13, 2012
CITY OF NEWPORT BEACH
City Council Minutes
Special Meeting
October 23, 2012 — 4:00 V.m.
I. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Ma ;poi•,, Pro Tern Curry, Mayor
Gardner, Council Member Selich, Council Member Henc Council - Member Daigle
II. NOTICE TO THE PUBLIC
III. PUBLIC COMMENTS r ti
Jim Mosher commented on the documents related to the ]ease of harbor property and increased
fees, and referenced an addition to Measure EE on the November ballot prohibiting class action
lawsuits against the City for refund of taxes, fees. He discussed a Supreme Court decision
regarding the matter, as well as a local casei�,He? believed that tlie,principle is not in the interest
of the public and that the City is opening itsel'fto- futurg_litigation.
IV.
City Attorney Harp clarified that Measure EE will
redress with the City and notedsthat a severability pr(
1. COMMERCIAL N
2012]
Y
weer Kiff c
the,Ad Hoc Committe
commercial marina re
related, to, rent, index c,
and optons, for an ann
ohibit any individual from seeking
is already provided in the Charter.
CITY MANAGED TIDELANDS. (100-
led a PowerPoint presentation, including an update of actions by
on Harbor.Charges. He emphasized that the matter relates to
A only aiid, addressed changes to Committee recommendations
;illations, the pbase -in period starting in 2013 and ending in 2018,
di permit in lieu of a lease. He addressed the number of marinas
used for the index, market reset, and changes to the lease. He presented details regarding
leases versus permits, terms, and rents. Regarding rents, he presented options available
to large commercial marinas which include the index rate or the actual submission of
18.5% of gross slipl_revenue. He reported that the intent of the minimum rent is to stay
below the index rate, presented details about the marina index, and provided examples of
the phase -in period under various scenarios.
Council Member Henn addressed the options considered by the Committee and public
input received, and noted that substantial changes have been made to the original proposal
and the lease template. He believed that there are a number of misconceptions regarding
what is being proposed and related impacts, and presented an example of a typical marina
and possible impacts to slip rates. He addressed slip rates over time, assumptions used in
determining the examples, the economic impacts of change, unintended consequences, and
Volume 60 - Page 621
City of Newport Beach
City Council Special Meeting Minutes
October 23, 2012.
details of proposed recommendations for other user classes, including upcoming meetings,
workshops, and opportunities for public comment.
Discussion followed regarding proposed fee waivers for non - profit organizations.
William Hart of Hart, King and Coldren, representing Duffy Boats and Duffield Marine,
referenced a letter from his firm regarding the California Environmental Quality Act
(CEQA) requirements and believed that the deliberation is subject to CEQA. He took issue
to the elements being conducted in segments and believed that CEQA requires that the
entire matter be considered as a whole. He addressed direct an&'indirect changes in'the
Harbor, including the aesthetics of the Bay and impacts of pollution and water quality. He
commented on the rental valuation and believed it.is unfair because every marina will be
assessed on the same basis and the same rate per squarflfWt. He expressed the opinion
that Council Member Selich should recuse himself because he'iq a private dock owner and
his decision will affect the economics of the decisions,b`eing made:
Bob McCaffrey'expressed agreement with Mr.
that the matter is subject to CEQA provisiops'.
and read.a letter believing
Ted Robinson, Larson Shipyard, expressedwagreement with Mr. Hart's comments and
believed that the proposed increases may result in- the shipyard's closure. He felt that the
matter is subject to CEQA regulations, including Of uation of environmental impacts, and
should be considered as a whole. `, \
Tim Parker, Port Calypso Marina agreed with. with NIr1Hart's comments and addressed
possible direct and indirect physical changes iii,, Che environment. He believed that the
matter is subject to CEQA, that unintended con'sequenee4 ?must, be considered and that the
proposed increases _'N`ffl'caiuse businesses to, relocate outside of the City. He expressed the
opinion that the proposediincreases are cin�fair and not based on fair market rates.
Duffy Duffield Daffy Boats, agreed with Mr. Hart's comments and believed that the issue
encompasses more than luet °the_Harbor. He expressed the opinion that the issue should
have beerf66iisidered'bv the entire _"Onncileraither than a subcommittee.
Terrazer expressed eencerns with the proposed increases and urged Council to hold
the fees. V �1 .
Russ'rFluter commented t on his marina operations and believed that the proposed increases
will cause him to raise:his rates. He expressed the opinion that the proposed plan will hurt
Harbor property valuers and asked that Council consider defining a marina of 5,000 square
feet as a small marina'
tt....
John Vallely refer eiced a previous Tidelands tax and believed that the proposed increase
will affect his and other businesses in the area. He addressed sacrificing personal interests
for the best interest of the City and requested that the City work with residents as a team.
He expressed agreement with Mr. Hart's prior statements.
Robert Levin expressed concerns with the perceptions of people regarding the City and
spoke in opposition to the proposed increases.
Ralph Rodheim reported that usually, when his business raises rates, he adds services for
his customers. He addressed the proposed increases and took exception to the size of the
increases.
Volume 60 - Page 622
City of Newport Beach
City Council Special Meeting Minutes
October 23, 2012
Marvin Kaplan commented on the proposed increases and expressed concern that they will
hurt existing businesses. He wondered what will happen to the additional revenues that
will be generated.
Brian Ouzounian spoke in opposition to the proposed project and addressed the City's'
assertion that a lower rent would be a gift of public funds. He questioned Council's
motivation for this.
Gary Hill believed that the proposed increases will become a, burden and expressed
agreement with Mr. Hart's comments.
Ira Veer expressed agreement with Mr. Hart's comments'arid-believed that the City has
not presented a reasonable basis for the proposed increases. He asked that Council look at
the matter from a reasonable perspective. He tocktissue with`the size of the proposed
increases, addressed the current economic conditions, and asked that Council consider the
consequences of its actions. ,
Robert Hawkins addressed the definition,61' a project and believed that itl'is subject to
CEQA requirements, and encouraged Council•io OUow CEQA guidelines on this matter.
Bill Kenney noted existing significant vacancies'ifl_ the City's marinas and believed that
increased taxes will result in alienating those busiAeaaes from the City. He encouraged
Council to conduct an independent's tudyzto.evaluate the- potential impacts of the proposed
increases. He asked that Council rethink its posi,t.ion on the proposed project.
Dave New, Basin Marine, expressed'Iconcerns with "increased vacancies and resulting
decreases in sales. He believed that the. proposed increases will exacerbate the issue and
asked that Councif reconsider the matter. ,
Gary McMtterick, ,partner with the Law' Firm of Allen Matkins, representing several
marina owners, reiterated comments regarding the need for CEQA compliance and noted
that the project cannot Abe plecemealed. He addressed the issue of appraisal and value,
bel,leved that there,is a conflict, and expressed the opinion that the proposed increases are
too high. He addressed similar issues and actions of other cities and asked for an
independent appraisal. process.
Scott,Schock, Schock Boats, thanked Council for its consideration and expressed concerns
over the ,proposed increases, confiscation of the waterways by the State, and the resulting
impacts`of this decision. He expressed agreement with Mr. Hart's previous comments.
John Pentecost; spoke in support of small boat owners and yacht clubs, and in opposition to
the proposed increases.
Dennis O'Neil commented on efforts to work out a solution between his clients and the
City, and expressed disappointment that a more mutually agreeable solution was not
reached.
Jim Mahoney, Gondola Company owner and operator, addressed improvements made by
small business owners and spoke in opposition to the proposed increases.
City Attorney Harp confirmed that adoption of a lease or permit template is not a project
under CEQA because the City is not committing itself to any particular project. Instead,
Volume 60 - Page 623
City of Newport Beach
City Council Special Meeting Minutes
October 23, 2012
the lease /permit is merely establishing business terms. He stated case law that supports
this and added that, if it is considered a project, it would qualify for a Class 1 exemption.
He further addressed comments regarding the elements of this and expressed the opinion
that there is no issue with CEQA He addressed where a categorical exemption would be
inapplicable, social and economic affects, and noted that the opposition has shown no
substantial evidence.
In response to City Attorney Harp's question, Council Member Selich indicated that he
does not have a boat in a commercial marina and has no bias on this, issue.
City Manager Kiff noted that there is nothing proposed for percentage rents for shipyards,
and addressed the possibility of considering marinas underi'5,000 square feet as small
marinas. He also discussed choices available, allocation of revenues for Harbor
improvements, residential piers and private waterways, and tli`e`-t need for the City to charge
fair market value. In addition, he addressed comparable market analyses considered.
Council Member Selich commented on the size
15,000 square feet, not 5,000 square feet. -1c, -f
Council Member Henn clarified a previous speaker
not say that he expected an exodus from the`Ifar
Council. He further pointed out that the proposa.14.
is appropriate to be collected. He( Ya- digressed the vac
has nothing to do with activities of1tli6,0G tv,.,,but has
recession. He pointed out that the Cityhas,ale.gal o
nothing to do with how much money the City
Inter's marina, "nbt ng that it is over
comments, emphasizedthat he did
r as a result of tonight's action by
of a tax, but rather rent and that it
:v level in the Harbor, noting that it
een -,a function of the market and the
.eaiion to consider the issue and has
Council Member Daigle,:&mmented onkthe, number of iterations that were developed and
expressed the opinion that the issue q,o,,uld have been addressed comprehensively as a
whole. She expressed concern with the amount of confrontation the issue has generated.
Mayor Gardner coinmendi drthe Committeb;,for their efforts on this matter and addressed
the tensi(nv`seneratedkby the 'matter-,:: She indicated that she would not support the size of
Mayor Pro Tem CuAh,,commented on steps taken thus far and commended members of the .
Committee for their efforts.
Council,Member Hennreported that it has taken a long time to understand the issues and
believecllthat the proposal is good and contains substantial compromises, as well as
provides pt ons to marina owners /operators.
Motion by Council Member Henn, seconded by Council Member Rosansky to a)
determine a fair market rental amount for the leases /permits; b) adopt amended
Resolution No. 2012 -91 approving a model lease template and model permit for large
commercial marinas located upon City managed tidelands; c) adopt amended Resolution
No. 2012 -92 establishing a 9- marina index and setting rent for large commercial marinas;
and d) direct staff to bring back amendments to the Newport Beach Municipal Code to
allow the City the option to issue an annual permit for commercial uses in lieu of a lease.
Council Member Hill reiterated the City's responsibility, addressed compromises reached,
and noted that the rent is not a tax. He expressed concern about the current economy and
stated that this is the right thing to do but may be the wrong time to do it. He stated that
Volume 60 - Page 624
City of Newport Beach
City Council Special Meeting Minutes
October 23, 2012 ,
he would support the motion if there are no increases for the next two years, but then it
would move to the definition of fair market value from 2015 to 2020.
Council Member Henn indicated that he would accept the amendment to include no
increases for the next year, followed by a six -step phase -in period.
Amended motion by Council Member Hill, seconded by Council Member Henn to
a) determine a fair market rental amount for the leases /permits; b) adopt amended
Resolution No. 2012 -91 approving a model lease template and model permit for large
commercial marinas located upon City managed tidelands; c) adopt amended Resolution
No. 2012 -92 establishing a 9- marina index and setting rent for,lsrge commercial marinas,
including a two -year phase in period prior to any rent increases; and d) direct staff to bring
back amendments to the Newport Beach Municipal Code Oallow the City the option to
issue an annual permit for commercial uses in lieu of a lease.
The amended motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Membery Rosansky, Council Memlie ,, Selich, Council
Member Henn
Noes: Mayor Pro Tem Curry, Mayor GardnerrCounl Member Daigle ll
V. ADJOURNMENT - 6:02 p. m ;
The agenda for the Special Meeting was- sted on October 19, 2012, at 2:30 p.m. on the
City Hall Bulletin Board located outside of the -City of Newport Beach Administration
Building. `
;I`
' `Recording Secretary
J
City Clerk
Mayor
Volume 60 - Page 625
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
October 23, 2012 — 7:00 p.m.
I. STUDY SESSION - Cancelled
II. ROLL CALL - 6:02 p.m
III.
Regarding Item C under Closed Session, Jim
to Council, particularly with issues related to
and the City Charter.
IV. CLOSED SESSION - 6:06 p.m
A. CONFERENCE WITH LEGAL
INITIATION OF LITIGATION (G
B. CONFERENCE
with Gity Atto'r'ney Harp's advice
ironmental Qualities,Act (CEQA)
ATED LITIGATION
1(c): 1 potential case
Code § 64967.6)
Agency Designated Representativeg :-` Dave Mff, City Manager and Terri Cassidy,
Deputy City Managerffl4an Resources Dizeetor, Negotiators.
Employee_Organizations: - AI1?Labor,Assotiations: Association of Newport Beach Ocean
Lifeguards'- -(ANBOL); Newport Bea h .'G 'y- Employees Association (NBCEA); Newport
Beach Employees Leagus; GNBEL), Newport 'Beach Firefighters Association (NBFA);
.Newport Beach Fire Management Association (NBFMA); Lifeguard Management
')^Association (NB LMA)Newpori -Beach Part Time Unit (UPEC, .Local 777); Newport Beach
Pol' "tee, Association (NI3PA); Newport Beach Police Management Association (NBPMA);
Newport Beach Professional and Technical Association (NBPTEA).
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 64967)
�r
•Title: Aaron C.Raip, City Attorney
1.
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 Selicb, 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
.r
XI. PRESENTATION
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 diedg ng` project and noted that the City saved
millions of dollars because it was able to dispose ' of,the - dredge spoils at the Port cf1ong Beach.
She acknowledged the Port of Long Beach for theuefforts and cooperation, and presented a
proclamation in appreciation of their help. ?,
Harbor Resources Manager Miller acknoH;ledgc:d, the attendanan
csi of Tom Baldwin from the Port of
Long p pp the Port of tong Beach for their help in the
Lon Beach and expressed appreciation todhim`an`di
Lower Bay dredging project. 'p ``j;;` '�•'�
Tom Baldwin expressed his- appreciation to Chris Miller for lrrs'efforts on the project and Council
for the proclamation.
)al. NOTICE TO THE PUBLIC t�
l
XIII. CITY COUN.CIIS :ANNOUN.CEMENTS= OR_MATTERS WHICH COUNCIL MEMBERS
CounciltMember Daigle repprted that ,she serves as a Trustee on the Orange County Vector
Control and indicated that tliey 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 arid presented a summary of the issues addressed. She further
announced that ai6,Memorial Bike Ride will be held on October 28, 2012 at 8:00 a.m. and noted a
tremendous response.froni;ihe 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
r
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all
ordinances and resolutions under consideration, and direct Che City Clerk to read by
title only.
l
C. CONTRACTS AND AGREEMENTS
� I r
4. PROPOSED COMMUNITY EMERGENCY PREPAREDNESS SUPPLY
STORAGE CONTAINER WITHIN—` THE /-IRVINE TERRACE PARK -
'APPROVAL OF ENCROACHMENT PERMIT AND AGREEMENT (N2012-
0225). [100 -20121 Allow the City td'enterlinto an Encroachment Agr(!ement 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 Encroaclrient Permit process being met, and
authorize the City Manager to'eze`Cute` the Encroachment Agreement.
5. JUSTICE ASSISTANCE GRANT ANNLIAL AWARD (C- 3999). [381100 -2012]
a) Approve Agreement to transfer funds for Fis i�1, ear 2012, Justice Assistance
Grant Annual, - wan dl, and authorize the�City Man ger to execute the Agreement per
Council Policies F'' -3; and F -25 (Therefore, to comply with Council Policy F -3, the
City Manager maysac'cept grants'dr donations of up to $30,000 on behalf of the
City -); an
dttib) approve Budget Amendment No. 13BA -016 increasing revenue
estimates in 11 the,awe.?unt_of $8,139 in .kccount #1290 -5257, and increase expenditure
;6:. AMENDMENT, TG'T )g PROFESSIONAL SERVICES AGREEMENT WITH
G' `•, THE PLANNING CENTER DC &E FOR THE PREPARATION OF THE
ENVIRONMENTAL I4PACT REPORT FOR THE UPTOWN NEWPORT
MDCED USE RESIDENTIAL DEVELOPMENT LOCATED IN THE AIRPORT
AREA (C- 4941); [381100 -20121 Approve the amendment to the Professional
Se%vi:es Agreement, and authorize the Mayor and City Clerk to execute the
agreement. ff;
\,Lis
7. FY2011 -2012 STREETLIGHT IMPROVEMENT PROJECT - COMPLETION
AND ACCEPTANCE OF CONTRACT NO. 4822. [381100 -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 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 -20121 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 -20121 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 tke��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- C1002009
from Facilities Replacement Fund reserves.:.
,J
D. MISCELLANEOUS -
12. HUMAN SERVICES GRANT FOR ..'2012 -2013. [100 -20121 Authorize the
allocation of $25,000 in Human Services Geants in the following manner: $4,000 to
Youth Employment Servic s - (Harbor Area), I, $3,500 to Serving People in Need
(SPIN), $4,500 to Orange �COunty Council on.Aging, $4,000 to Advocates for
Grandparent - Grandchild Coniiection- -$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.
1.
Motion by Mayor Pro Tern Curry, seconded Iv Council Member Rosanskv to approve the
Consent Calendar;-except for I the items iemoved (1; 3, 8 and 10).
The motion carried by the following roll call vote:
I `
Ayes,Council Member Hi1L')'Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner,
Council Member .S`elich., Council blember Henn, Council Member Daigle
XV. ITEMS REMOVED FROM T'HE CONSENT CALENDAR
1. MINUTES FOR THE OCTOBER 9, 2012 REGULAR MEETING. [100 -20121
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. Moshevis 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 Pro 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 publie' 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 v iChin 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 ensuse"tbere are no
errors within the contract.
Motion by Council Member Rosansky, seconded by Council Member Hill to
conduct second reading and adopf,Ord ance 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 retrement` benefit formulae; 3 % @55 for Police, 2 % @50 for
Firefighters, 2 0/8@50 for Lifeguards, and 2 % @60 for Miscellaneous members.
The motion carried by.fhe-followmg roll',call vote:
J
Ayes: Council Member Hill Member Rosansky, Mayor Pro Teri Curry, Mayor
Gardner; Y euncil Member Selich, Council Member Henn, Council Member Daigle
8. AMENDMENT. NO.A TO AGREEMENT AITH GLOBAL POWER GROUP INC. FOR
GENERATOR `PREVENTATIVE MAINTENANCE AND REPAIR SERVICES (C-
4772). [38/100 - 20112]
-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 5
Jim Mosher referenced a lawsuit involving
regarding exemptions from prevailing wages.
is not a municipal affair.
Dan Purcell stated that City sidewalks are
referenced the length of the agreement; and
Parks, Beaches and Recreation Commission
highest industry standards and believed the
of vacuums instead of blowers.
the City of Vista and reiterated comments
He believed that the maintenance of streets
verrun with hedges, trees and thorny plants;
upteested,that the matter,'lie.,presented to the
44e asked that the work be performed to the
-this di a good opportunity to'r\quire the use
approve a five year agreement v:th,Park West Landscape
maintenance of Citywide medians aril rciadsides; and b },direct
from the payment of prevailing wages because-this projectls,fi
involves a matter of local concern.
The motion carried byi e following roWcall xote:
Ayes: Council Member Hill, Council Member Rosansky, Ma;
Gardner, Council Member Selich, Council Member Henn,
XVI. PUBLIC COMMENTS '
--
Jim Moskier encouraged-`vioters to vote no on
various(issues in one measure.
Novell Hendrickson read a'statement` -from
voters vote�nnnon Measure EE-.
1� . ii
yor Pro Tem Curry to a)
Management for landscape
that this project be exempt
nanced with local funds and
Dr Pro Tem Curry, Mayor
Council Member Daigle
Measure EE and commented on the combination of
the League of Women Voters recommending that
Kimberly Mimms- 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 Use Environment Plan,
noting that Council can override the Commission and make certain findings.
XVIII. PUBLIC HEARING
13. VACATION OF EXISTING SEWER EASEMENT AT 205 CARNATION AVENUE
AND 101 BAYSIDE PLACE. [100 -20121
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 receivddapproval 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 eas(.ment; 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. ;T3earing no testimony, she; closed the
public hearing.
The motion carried by the £ollowirig -roll call vote:
Ayes: Council Member Hill, Council 1\l6mber Rosansky,,,Mayor Pro Tem Curry, Mayor
Gardner, Council Member Selich, Coiircil;Member Heim, Council Member Daigle
XDI. CURRENT BUSINESS
14. APPOINTMENTS TO THE BALBOA;VILLAGE ADVISORY COMMITTEE (BVAC).
[100 -20121 L
Mayor Gardner mdibiitecl that she would like =to appoint Mayor Pro Tem Curry to BVAC.
Jim Mosher recommend6di`the appointment of Howard Hall to BVAC because he would
Ging 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 prov,'ided paper ballots and announced the following votes:
f;
Balboa Village Business Improvement District (BID) Board Member:
Ralph Rodheini -,- .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) confu•m
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, Mayec'Pro Tem Curry, Mayor
Gardner, Council Member Selich, Council Member Henn;-Council Member Daigle
15. CORONA DEL MAR LANE MERGE RELOCATIONrTRIAL, , TRAFFIC ANALYSIS.
[100 -20121
City Manager Kiff reported receiving a requrest from the Coromi`,,Idel Mar Business
Improvement District (BID) asking that Couneil not act on the item tonight:.
In response to Council Member Daigle's quesfion2Public Works Director Webb noted that
the plan is to take out the striping and markings;, and install sharrows.
Motion by Mayor Pro Tem Curiv, seconded bv4Council Member Henn to a) direct
staff to remove the temporary street'st`riping and markings on East Coast Highway, and
return the eastbound traffic lane merge w, its ,former configuration; and b) continue the
item to the November 13, 2012 City Council meeting;. ,
Dick Nichols noted th_6 "Re.aative effect on traffe with the`opening of the new City Hall and
due to the temporary street striping and m ukings.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, 'Council Member Rosansky, Mayor Pro Tem Curry, Mayor
6iardner,,council'Member, Selich ,Council Member Henn, Council Member Daigle
XX. MOTION FOR RECONSIDERATION
Motion Council Member Hill, seconded by Council Member Rosansky to reconsider
the minutes''gf the Septembe`r: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:
y
Ayes: Council Member'I3ill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Sehch, 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 Tern Curry, Mayor Gardner_ Council Member Selich,
Council Member Henn, Council Member Daigle
Absent: Council Member Rosansky
.1
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 2:46 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
,L
Recording Secretary
u
Mayor
Volume 60 - Page 634