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Home My WebLink About00 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, APRIL 9, 2013 CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE REGULAR MEETING 7:00 P.M. RUSH N. HILL, II Mayor Pro Tern TONY PETROS Council Member EDWARD D. SELICH Council Member KEITH D. CURRY Mayor ")w I-"� I I �q MICHAEL F. HENN Council Member LESLIE DAIGLE Council Member NANCY GARDNER Council Member DAVE KIFF - City Manager AARON HARP - City Attorney 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. 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.gov. 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 citvclerkn-newportbeachca. gov). PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE REGULAR MEETING APRIL 9, 2013 7:00 p.m. STUDY SESSION — 4:00 p.m. II. CLOSED SESSION — After Study Session - Council Chambers Conference Room A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: Dave Kiff, City Manager B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 2 matters 1. Hyun Myung Suk v. City of Newport Beach, et. al. Orange County Superior Court Case No. 30- 2012- 00577284 2. Sunyl Chung v. City of Newport Beach, et. al. Orange County Superior Court Case No. 30- 2012- 00576929 C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Heading Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City Manager and 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) 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 3300 Newport Boulevard during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeachca.gov. IX. MADD Deuce Awards for Police Officers who had 25 -99 DUI Arrests Presentation from Jenny Conde regarding the Vest -A -Dog OC Chapter Presentation of Donate Life Month Proclamation 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 FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM) XII. PUBLIC COMMENTS ON CONSENT CALENDAR Public comments are invited on CONSENT CALENDAR items (1 - 14). 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 (1 — 14) 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 MARCH 26, 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. RESOLUTIONS FOR ADOPTION 3. FINANCE COMMITTEE CHARTER UPDATE. Adopt Resolution No. 2013 -32, A Resolution of the City Council of the City of Newport Beach Amending the Duties and Responsibilities of the Finance Committee. 4. ADDITION OF OFF - STREET PARKING METER ZONES. Adopt Resolution No. 2013 -33: A Resolution of the City Council of the City of Newport Beach Establishing Off - Street Parking Meter Zones for the Balboa Pier Parking Lot and the Corona del Mar State Beach Parking Lot, and Rescinding Resolution No. 2010 -40, to establish the Balboa Lot and the Corona del Mar Lot as off - street parking meter zones and establish rates for the new zones consistent with the fees presently charged by the City to park in the lots. C. CONTRACTS AND AGREEMENTS 5. SHORECLIFF ROAD CATCH BASIN MODIFICATION, REEF POINT BIOFILTRATION SYSTEM, LOS TRANCOS CREEK MAINTENANCE — AWARD OF CONTRACT NO. C -5287. Approve the project drawings and specifications; b) award Contract No. 5287 to Ted Enterprises, Inc., (Ted Enterprises) for the total bid price of $241,691.00, and authorize the Mayor and the City Clerk to execute the contract; c) establish a contingency of $24,000.00, approximately 10 percent, to cover the cost of unforeseen work; and d) approve Budget Amendment No. 13BA -037 transferring $36,191.00 from Account 7012- C2502010 (Storm Drain Interceptors) to Account 7014- C5002006 (Newport Coast ASBS). �:1161T/_1 W0]= :J:1618=1*1 [a] 2 F\ IIII&i =1 :IT/ IN =14WITC1 N =1 4 Jd 421 Mh911:I•:/ 1 91Il We HORN AND ASSOCIATES, INC., FOR EAST COAST HIGHWAY TRAFFIC SIGNAL REHABILITATION PROJECT DESIGN. Approve a Professional Services Agreement with Kimley -Horn and Associates, Inc. ( Kimley- Horn), of Orange, California, for design services for the East Coast Highway Traffic Signal Rehabilitation Project at a not to exceed price of $124,800.00, and authorize the Mayor and City Clerk to execute the Agreement. AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND SAILING FASCINATION TO BERTH AT THE BALBOA YACHT BASIN, LOCATED AT 829 HARBOR ISLAND DRIVE, AND A REQUEST FOR A BELOW MARKET RENTAL RATE. a) Approve a five year slip rental agreement with an annual rent of $1.00 per year which is below fair market value, based on the findings contained in the staff report and in the Slip Rental Agreement, that charging less than fair market value promotes the City's goals to provide an essential or unique service to the community that cannot otherwise be provided if full market rates were charged. Specifically, the reduced rental rate promotes public recreation facilities and marine services to the physically and intellectually disabled public; and b) approve a waiver of City Council Policy F -7, and authorize the City Manager or his /her designee to enter into an agreement with Sailing Fascination. 8. APPROVAL OF ON -CALL REPAIR SERVICES AGREEMENTS FOR UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES. a) Approve an on -call repair services agreement with GCI Construction, Inc., for underground utility installation and repair services, and authorize the Mayor and City Clerk to execute the agreement; b) approve an on -call repair services agreement with Mike Kilbride, Ltd., for underground utility installation and repair services, and authorize the Mayor and City Clerk to execute the agreement; and c) approve an on -call repair services agreement with Steve Bubalo, Construction Co., Inc., for underground utility installation and repair services, and authorize the Mayor and City Clerk to execute the agreement. 3 9. APPROVAL OF ON -CALL REPAIR SERVICES AGREEMENT WITH CENTRAL COAST SURFACE GRINDING, INC. FOR SIDEWALK GRINDING SERVICES. Approve the agreement with Central Coast Surface Grinding, Inc. for on -call sidewalk grinding services for a period of five years. 10. EMERGENCY SERVICES CONSULTING INTERNATIONAL (ESCI) PROFESSIONAL SERVICES AGREEMENT. a) Approve and authorize the City Manager to execute the Professional Services Agreement with ESCI; and b) approve Budget Amendment No. 13BA -038 to transfer $115,962.00 from General Fund account 010 -3605 to Fire Administration Division account 2310- 8088 to fund the project. D. MISCELLANEOUS 11. PLANNING COMMISSION AGENDA FOR APRIL 3, 2013. Receive and file. 12. NEWPORT PENINSULA JULY 4T" PARADE AND FESTIVAL REQUEST FOR WAIVER OF COUNCIL POLICY L -16 — TEMPORARY BANNERS EXTENDING OVER THE PUBLIC RIGHT -OF -WAY. Waive City Council Policy L -16 and approve the request of the Newport Peninsula July 4th Parade and Festival Committee to install 33 banners for display from June 10, 2013 to July 8, 2013 along Balboa Boulevard and 32ntl Street. 13. REQUIRED NAVIGATION PERFORMANCE (RNP) DEPARTURES FOR JOHN WAYNE AIRPORT (JWA). Authorize the Mayor to send a letter to the FAA regarding the development of the RAWLZ departure procedure. 14. CALPERS RATE ADJUSTMENT ELECTION AND FIXED DECLINING AMORTIZATION PERIOD. Authorize the Finance Director to direct the CaIPERS Actuary to not phase -in the impact of the most recent changes in actuarial assumptions and implement a "fresh start" liability amortization methodology for both the miscellaneous and safety plans. 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 15. REVISIONS TO PREVIOUSLY ADOPTED RESOLUTIONS FOR GENERAL PLAN AND COASTAL LAND USE PLAN AMENDMENTS AT VARIOUS LOCATIONS: GP2011- 009 AND LC2011 -005 (PA2011 -196) — 514 EAST OCEAN FRONT; GP2011 -008 AND LC2011 -004 (PA2011 -179) — 2888 AND 2890 BAY SHORE DRIVE; AND GP2011 -010 AND LC2011 -006 (PA2011 -209) — 200 30TH STREET. a) Conduct a public hearing; and b) adopt Resolution No. 2013 -34: A Resolution of the City Council of the City of Newport Beach Approving Amendments to the Land Use Element of the General Plan and Coastal Land Use Plan for Various Properties Located within the Coastal Zone. 1'.m 16. MARINA PARK COASTAL LAND USE PLAN AMENDMENT NO. LC2012 -002 - 1600 WEST BALBOA BOULEVARD. Continue the item to the May 28, 2013 City Council meeting. 17. ANNUAL REVIEW OF THE PACIFIC VIEW MEMORIAL PARK DEVELOPMENT AGREEMENT (PA2009 -024) - 3500 PACIFIC VIEW DRIVE. a) Conduct a public hearing; b) find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; c) find that this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and d) receive and file the Annual Report of the Development Agreement for Pacific View Memorial Park. 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. XIX. ADJOURNMENT 5