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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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Mayor
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C s r U' I
City Clerk
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