HomeMy WebLinkAbout00 - Regular AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
REGULAR CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 10, 2013
CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE
REGULAR MEETING - 7:00 P.M.
KEITH D. CURRY
Mayor
RUSH N. HILL, II MICHAEL F. HENN
Mayor Pro Tem eo Council Member
TONY PETROS . LESLIE DAIGLE
Council Member
�< �l Council Member -4 A
EDWARD D. SELICH I -4 NANCY GARDNER
Council Member A Council Member
DAVE KIFF - City Manager
AARON HARP - City Attorney
lo LEILANI BROWN - City Clerk
STEVE BADUM - Assistant City Manager
TERRI CASSIDY - Deputy City Manager /Human Resource Director
DAVE WEBB - Public Works Director
NOTICE TO THE PUBLIC
The City provides a yellow sign -in card for those wishing to address the Council to assist in the preparation of the
minutes. The cards are available in the lobby of the Council Chambers. Speakers are not required to submit a card
as a condition to addressing the Council. If you do fill out the card, please place it in the box at the podium.
PUBLIC HEARINGS: If in the future, you wish to challenge in court any of the matters on this agenda for which a
public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised
orally at the public hearing or in written correspondence received by the City at or before the hearing.
This agenda was prepared by the City Clerk and staff reports are available at the City Clerk's Office located at
100 Civic Center Drive, Bay E, 2ntl Floor. Staff reports or other written documentation have been prepared or
organized with respect to each item of business listed on the agenda. Regular meetings of the City Council are held
on the second and fourth Tuesdays of each month at 7:00 p.m., except in the months of August and December when
there will be at least one regular meeting in August and one regular meeting in December. If you have any questions
or require copies of any of the staff reports or other documentation regarding any item of business on the agenda,
please contact City Clerk staff at (949) 644 -3005. The agendas, minutes and staff reports are also available on the
City's website: http:// www. newportbeachca .aov /CouncilAgendas.
The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an
attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will
attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, prior to the
meeting to inform us of your particular needs and to determine if accommodation is feasible (949- 644 -3005 or
citvclerk(a)newportbeachca.aov).
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
REGULAR MEETING
SEPTEMBER 10, 2013
7:00 P.M.
STUDY SESSION — 4:30 p.m.
II. CLOSED SESSION — After Study Session - Council Chambers Conference Room
A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6)
Heading Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, 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); and Newport Beach Professional and Technical Association (NBPTEA)
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code §
54956.9(a)):
1. Banning Ranch Conservancy v. City of Newport Beach (Real Parties in Interest: Newport Banning
Ranch, LLC, Aera Energy, LLC, Cherokee Newport Beach)
Orange County Superior Court Case No. 30 -2012- 0593557 -CU -W M -CXC
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957)
Title: Aaron C. Harp, City Attorney
III. RECESS
IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
VI. CLOSED SESSION REPORT
VII. PLEDGE OF ALLEGIANCE
VIII. INVOCATION — Mr. Frank Carpenter
Testimony given before the City Council is recorded.
The time will turn yellow when the speaker has one minute left.
The time will turn red when the speaker has 10 seconds left.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for
public inspection in the Office of the City Clerk located at 100 Civic Center Drive, Bay E, 2 "6 Floor, during normal business hours. In
addition, such writings and documents will be posted on the City's website at www.newportbeachca.gov.
IX.
Literacy Day Proclamation
Check from Newport -Mesa ProLiteracy
Check from the Newport Beach Public Library Foundation
Presentation of Plaques to Outgoing Board and Commission Members
X. NOTICE TO THE PUBLIC
The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of the
card is not required in order to address the City Council. If the optional sign -in card has been completed, it
should be placed in the box provided at the podium.
The City Council of Newport Beach welcomes and encourages community participation. Public comments
are generally limited to three (3) minutes per person to allow everyone to speak. Written comments are
encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or
non - agenda items. As a courtesy, please turn cell phones off or set them in the silent mode.
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE
PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM)
XII. PUBLIC COMMENTS ON CONSENT CALENDAR
Public comments are invited on CONSENT CALENDAR (Items 1 - 16). Speakers must limit comments to
three (3) minutes. Before speaking, please state your name for the record. To the extent that any item is
removed from the Consent Calendar by a Council Member, members of the public are invited to speak on
each item for up to three (3) minutes per item.
All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one
motion in the form listed below. The City Council has received detailed staff reports on each of the items
recommending an action. There will be no separate discussion of these items prior to the time the City
Council votes on the motion unless members of the City Council request specific items to be discussed
and /or removed from the Consent Calendar for separate action.
XIII. CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
MINUTES FOR THE AUGUST 13, 2013 STUDY SESSION AND REGULAR MEETING.
Waive reading of subject minutes, approve as written, and order filed.
2. READING OF ORDINANCES. Waive reading in full of all ordinances under consideration,
and direct the City Clerk to read by title only.
B. ORDINANCES FOR ADOPTION
3. ADOPTION OF ORDINANCE NO. 2013 -14 AMENDING THE HARBOR COMMISSION'S
PURPOSE AND RESPONSIBILITIES. Conduct second reading and adopt Ordinance No.
2013 -14, An Ordinance of the City Council of the City of Newport Beach Repealing
Ordinance No. 2001 -25 and Amending the Harbor Commission's Purpose and
Responsibilities.
4. ADOPTION OF ORDINANCE 2013 -16 ADDING CHAPTER 10.68 TO THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO TARGETED RESIDENTIAL PICKETING.
Conduct second reading and adopt Ordinance No. 2013 -16, An Ordinance of the City
Council of the City of Newport Beach Adding Chapter 10.68 to the Newport Beach
Municipal Code Pertaining to Targeted Residential Picketing.
C. RESOLUTION FOR ADOPTION
5. RESOLUTION SUPPORTING THE LEAGUE OF CALIFORNIA CITIES AND
CALIFORNIA POLICE CHIEFS' ASSOCIATION EFFORTS TO IDENTIFY AND ENACT
STRATEGIES TO ENSURE THE SUCCESS OF PUBLIC SAFETY REALIGNMENT.
Adopt Resolution No. 2013 -66, A Resolution of the City Council of the City of Newport
Beach Calling Upon the Governor and Legislature to Enter into Discussions with League
and California Police Chiefs' Association Representatives to Identify and Enact Strategies
that will Ensure the Success of Public Safety Realignment from a Local Municipal Law
Enforcement Perspective.
D. CONTRACTS AND AGREEMENTS
6. PROFESSIONAL SERVICES AGREEMENT WITH VALLEY SOIL, INC., FOR THE
LANDSCAPE IRRIGATION RUNOFF REDUCTION PROGRAM. a) Approve a
Professional Services Agreement with Valley Soil Inc., at a not to exceed cost of $180,000
to provide and install weather -based irrigation controllers and provide related customer
service activities, and authorize the Mayor and City Clerk to execute the Agreement; and
b) approve Budget Amendment No. 14BA -013 recognizing $180,000 in revenue (Account
No. 255 - 48891) from Municipal Water District of Orange County ( MWDOC) and
appropriating $180,000 to the MWDOC Rebate Project (Account No. 7255- C5100968).
REQUEST TO RETAIN EXISTING PRIVATE IMPROVEMENTS WITHIN THE PUBLIC
RIGHT -OF -WAY AT 3101 CLAY STREET. Waive City Council Policy L -6, Private
Encroachments in the Public Rights -of -Way, to allow a white vinyl picket fence with posts
to encroach up to 8 -feet 5- inches into the Clay Street and Catalina Drive rights -of -way,
contingent upon all conditions of the Encroachment Permit process being met; and
b) direct staff to enter into an Encroachment Agreement with Owners, and authorize the
City Manager and City Clerk to execute the Encroachment Agreement.
8. SHORECLIFF ROAD CATCH BASIN MODIFICATION, REEF POINT BIOFILTRATION
SYSTEM, LOS TRANCOS CREEK MAINTENANCE — NOTICE OF COMPLETION OF
CONTRACT NO. 5287. a) Accept the completed work and authorize the City Clerk to file a
Notice of Completion for the project; 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 acceptance by the City Council.
9. APPROVAL OF AN ON -CALL MAINTENANCE SERVICES AGREEMENT WITH
PACIFIC SEWER MAINTENANCE CORPORATION FOR AS- NEEDED SEWER ROOT
CONTROL. Approve an on -call maintenance services agreement with Pacific Sewer
Maintenance Corporation of Oceanside for as- needed sewer root control, and authorize
the Mayor and City Clerk to execute the agreement.
E. MISCELLANEOUS
10. PLANNING COMMISSION AGENDAS AND /OR ACTION REPORTS FOR AUGUST 22,
2013, AND SEPTEMBER 5, 2013. Receive and file.
11. RESPONSE TO ORANGE COUNTY GRAND JURY — "THE GOAL OF EQUAL
EMPLOYMENT OPPORTUNITY. NO VICTIMS ". Authorize the Mayor to send a
response to the Presiding Judge of the Superior Court.
12. RESPONSE TO ORANGE COUNTY GRAND JURY — "TO PROTECT AND TO SERVE:
A LOOK AT TOOLS TO ASSIST LAW ENFORCEMENT IN ACHIEVING POSITIVE
OUTCOMES WITH THE HOMELESS MENTALLY ILL ". Authorize the Mayor to send a
response to the Presiding Judge of the Superior Court.
13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH
PUBLIC LIBRARY FOUNDATION AND APPROPRIATE FUNDS TO THE LIBRARY'S
FISCAL YEAR 201312014 MAINTENANCE AND OPERATION BUDGET. Approve
Budget Amendment No. 14BA -009 to increase revenue estimates by $162,000 in Account
4090 -5893 (Library Foundation) and to increase expenditure estimates by the same
amount in Division 4090 (Library Foundation) and Division 4060 (Literacy Services).
14, BUDGET AMENDMENT TO ACCEPT A CHECK FROM NEWPORT /MESA
PROLITERACY AND APPROPRIATE FUNDS TO THE LIBRARY'S FISCAL YEAR
2013/2014 MAINTENANCE AND OPERATIONS BUDGET. Approve Budget Amendment
No. 14BA -010 to increase revenue estimates by $35,000 in account 4010 -5901 (Private
Donations) and to increase expenditure estimates by the same amount in Division 4060
(Literacy Services).
15. ORANGE COUNTY REAL ESTATE FRAUD PROSECUTION TRUST FUND AWARD.
a) Authorize the City Council to accept a $16,000 award granted to the Police Department
by the Orange County Real Estate Fraud Prosecution Trust Fund per Council Policies F -3
and F -25 (to comply with Council Policy F -3, City Council must formally accept the award
of $16,000 and create a new appropriation to expend the money); b) approve Budget
Amendment No. 14BA -011 increasing revenue appropriations by $16,000 in 1820 -489E;
and c) per the award letter, carryover unspent funds for Fiscal Year 2012 -2013.
16. ACCEPTANCE OF 2013/2014 STATE OF CALIFORNIA, OFFICE OF TRAFFIC SAFETY
(OTS), DRIVING UNDER THE INFLUENCE (DUI) ENFORCEMENT AND AWARENESS
PROGRAM GRANTS #PT1409 AND #SC14284. a) Authorize the City Council to accept a
$282,910 "Selective Traffic Enforcement Program" (STEP) award granted to the Newport
Beach Police Department by the OTS per Council Policies F -3 and F -25 (to comply with
Council Policy F -3, City Council must formally accept the award of $282,910 and create a
new appropriation to expend the money); b) approve Budget Amendment No. 14BA -012
increasing Police revenue estimates and expenditure appropriations by $282,910;
c) authorize the City Council to accept a $75,500 "Sobriety Checkpoint Grant Program"
award granted to the Newport Beach Police Department by the OTS per Council Policies
F -3 and F -25 (to comply with Council Policy F -3, City Council must formally accept the
award of $75,500 and create a new appropriation to expend the money); and d) approve
Budget Amendment No. 14BA -012 increasing Police revenue estimates and expenditure
appropriations by $75,500.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED.
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR
XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS
Public comments are invited on non - agenda items generally considered to be within the subject matter
jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before speaking,
please state your name for the record.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
XVII. PUBLIC HEARINGS
17. AMENDMENT TO TITLE 19, SUBDIVISION CODE, REVISING THE REQUIRED FINDINGS FOR
LOT MERGERS (PA2013 -172). a) Conduct public hearing; b) find that the proposed amendment
is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061.1b.3 of
the CEQA Guidelines; and c) introduce Ordinance No. 2013 -17, An Ordinance of the City Council
of City of Newport Beach Approving Amendment to Title 19 of the Municipal Code (Subdivisions) to
Revise Findings Required for Mergers of Contiguous Lots, and pass to second reading on
September 24, 2013.
18. ANNUAL MONITORING REVIEW OF DEVELOPMENT AGREEMENT NO. 14: NEWPORT
COAST (PA2011 -030). a) Conduct public hearing; b) find that the applicant has demonstrated
good faith compliance with the terms of the Development Agreement; and c) receive and file an
annual report of the Annexation and Development Agreement.
19. WAIVER OF CONDITION NO. 8 FOR "AERIE" PROJECT - 201-205,207 CARNATION AVENUE
AND 101 BAYSIDE PLACE (PA2013 -155). a) Conduct public hearing; b) find that the proposed
amendment is not subject to the California Environmental Quality Act (CEQA) pursuant to Section
15061.b.3 of the CEQA Guidelines; and c) adopt Resolution 2013 -67, A Resolution of the City
Council of the City of Newport Beach Waiving Condition No. 8 Imposed by City Council Resolution
No. 2009 -52 for the `AERIE" Project Located at 201 -205, 207 Carnation Avenue and 101 Bayside
Place (PA2013 -155).
XVIII. CURRENT BUSINESS
20. RESIDENTIAL SOLID WASTE SERVICE PROPOSALS. Receive and review the Consultants
Report regarding proposals for residential solid waste services, and direct staff to negotiate with up
to two service providers to prepare and finalize a contract that reflects either Path #1 or Path #2,
and return to the City Council with a final contract for consideration and /or approval.
21. CONSIDERATION OF ORDINANCE AMENDING NEWPORT BEACH MUNICIPAL CODE
SECTIONS 17.35.020(F) AND 17.60.060 RELATING TO PIERS THAT ENCROACH IN FRONT
OF ADJACENT PROPERTIES AND COMMERCIAL INDEMNITY, RESPECTIVELY.
a -1) Introduce Ordinance No. 2013 -15, An Ordinance of the City Council of City of Newport Beach
Amending Sections 17.35.020(F) and 17.60.060 of the Newport Beach Municipal Code to Allow
Certain Administrative Transfers of Tidelands Permits and to Require Commercial Tidelands Users
to Defend and Indemnify the City of Newport Beach, and pass to second reading on September 24,
2013; OR a -2) do not amend the Newport Beach Municipal Code and maintain the current process.
22. SPECIAL TREE REMOVAL — 300 POPPY AVENUE. a) Consider the approval from the Parks,
Beaches, and Recreation (PB &R) Commission to remove a Eucalyptus tree located at 300 Poppy
Avenue; and b) provide direction to remove or retain the tree.
23. APPOINTMENT OF NEW CITY ARTS COMMISSIONERS TO FILL TWO UNSCHEDULED
VACANCIES. Appoint two people from the applicant list provided in the staff report to the City Arts
Commission to fill the unexpired balance of Gilbert Lasky's term which expires on June 30, 2014,
and Carole Boller's term which expires on June 30, 2017.
24. RECEIVE SEALED PROPOSALS FOR THE MANAGEMENT OF THE CITY'S OIL, GAS AND
OTHER HYDROCARBON RESOURCES. Open, examine and record all sealed proposals that
have been submitted to manage the City's Oil Operations.
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XIX. MOTIONS FOR RECONSIDERATION
A motion to reconsider the vote on any action taken by the City Council at either this meeting or the
previous meeting may be made only by one of the Council Members who voted with the prevailing side.
XX. ADJOURNMENT — In memory of Priscilla Moore and Wade Roberts