Loading...
HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JANUARY 22, 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 JANUARY 22, 2013 Regular Meeting 7:00 p.m. I. STUDY SESSION — 3:30 p.m. II. CLOSED SESSION — After Study Session - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2)): 1 matter Correspondence from Steven Baric dated January 10, 2013, regarding the City Council's December 11, 2012 decision to adopt resolutions approving a model permit template and setting fair market value for residential piers. B. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 3 matters 1. Thomas Schomburg v. City of Newport Beach WCAB Case No. ADJ3877946, Claim No. 04 -35135 2. Friends for Good Planning v. City of Newport Beach Orange County Superior Court Case No. 30- 2012 - 00550274 3. Janice Coia v. City of Newport Beach Orange County Superior court Case No. 30- 2012 - 00542408 C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: Leilani Brown, City Clerk 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 IX. PRESENTATION Recycling Presentation from Vanis Buckholz 1 Testimony given before the City Council is recorded. The red light will signify when the speaker's time limit is up. 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. 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 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 - 9). 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. XIII. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 9) are considered to be routine and will all be enacted by one motion in the form listed below. Council Members have 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. A. READING OF MINUTES AND ORDINANCES MINUTES FOR THE JANUARY 8, 2013 REGULAR MEETING AND JANUARY 12, 2013 SPECIAL 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. CONTRACTS AND AGREEMENTS 3. FY 2011 -12 TRAFFIC SIGNAL REHABILITATION PROJECT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4841. 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 this Council acceptance. 4. APPROVAL OF AMENDMENT NO. 1 TO ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH TCLA, INC. AND DAVID A. PEDERSON. a) Approve Amendment No. 1 to the April 29, 2011, On -Call Professional Services Agreement with the TCLA, Inc., to extend the term until January 31, 2015, and increase the contract limit to $250,000 for continuing on -call landscape architectural services and authorize the Mayor and City Clerk to execute the Amendment; and b) approve Amendment No. 1 to the April 11, 2011, On -Call Professional Services Agreement with the David A. Pederson to extend the term until January 31, 2015, and increase the contract limit to $250,000 for continuing on -call landscape architectural services and authorize the Mayor and City Clerk to execute the Amendment. 5. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH VALLEY SOIL, INC., FOR THE NEWPORT COAST ASBS RUNOFF REDUCTION PROGRAM. a) Approve Amendment No. 1 to Professional Services Agreement with Valley Soil, Inc., for a not -to- exceed cost of $480,000 to provide and install additional weather -based irrigation controllers and provide related customer service activities; and authorize the Mayor and City Clerk to execute the Amendment; and b) approve Budget Amendment No. 13BA -029 appropriating $150,000 from the Water Enterprise Fund (500) to the Water conservation Equipment Account No. 5500 -9040. C. MISCELLANEOUS 6. PLANNING COMMISSION AGENDA JANUARY 17, 2013. Receive and file 7. BUDGET AMENDMENT TO TRANSFER FUNDS FROM THE RECORDS MANAGEMENT — BUILDING DEPOSIT ACCOUNT TO AN EXPENDITURE ACCOUNT. Approve Budget Amendment No. 13BA -026 transferring $50,600 from the Records Management - Building Deposit Account to a Building Division expenditure account for the purpose of archiving permit records into an electronic format. 8. AMENDED & RESTATED EMPLOYMENT AGREEMENT FOR CITY ATTORNEY. Approve and authorize the Mayor and City Clerk to execute the Amended and Restated Employment Agreement for the City Attorney. 9. BIKE SAFETY IMPROVEMENT FUND: TERM EXTENSION AND PROJECT AUTHORIZATION. a) Extend the community fundraising term for the Bicycle Safety Improvement Fund (BSIF) form December 31, 2012 to March 31, 2013, at the authorized 3:1 match of City resources to contributions with a cap of $450,000 for the City's contribution; and b) authorize use of the current and future BSIF funds, including both community- raised funds and City matching funds for the projects listed as "Planned Projects" on the Bicycle Facility Improvement Project Summary. 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 HEARING 10. WOODY'S WHARF USE PERMIT APPEAL — 2318 NEWPORT BOULEVARD — USE PERMIT NO. 2010 -010 (PA2011 -055). Continue the matter to the City Council hearing on March 12, 2013. XVIII. CURRENT BUSINESS 11. AMENDMENT TO NEWPORT BEACH MUNICIPAL CODE (NBMC), MASTER FEE RESOLUTION RELATED TO COMMERCIAL AND NON - COMMERCIAL TIDELANDS USES, AND NON - COMMERCIAL IMPLEMENTATION. a) Introduce Ordinance No. 2013 -1 amending various sections in the NBMC related to commercial and non - commercial tidelands uses, and pass to second reading on February 12, 2013; and b) adopt Resolution No. 2013 -5 amending the Master Fee Resolution to eliminate the annual non - commercial (residential) pier inspection fee and establish a subsidized appeal fee for tidelands permits and leases. 12. RESOLUTION NO. 2013 -6: PREVAILING WAGES. Adopt Resolution No. 2013 -6 exempting locally funded public works projects from prevailing wages. 13. BALBOA VILLAGE RESIDENTIAL AND COMMERCIAL PARKING PROGRAM AND BUDGET AMENDMENT TO TRANSFER FUNDS FROM THE GENERAL FUND RESERVES TO AN EXPENDITURE ACCOUNT. a) Review Residential Parking Permit Parking Survey results; b) review and authorize staff to pursue implementation of the Overnight Residential Permit Parking Work Program; c) review and authorize staff to pursue implementation of the Balboa Village Commercial Parking Program, including the retention of appropriate consulting services; and d) approve Budget Amendment No. 13BA -027 transferring $91,100 from the General Fund Reserves to a Planning Division expenditure account. 14. APPOINTMENTS TO THE ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC) AND THE WATER QUALITY /COSTAL TIDELANDS MANAGEMENT COMMITTEE. a) Waive the portions of Council Policy A -2 (Board and Commission Appointments) which establishes a Council Ad Hoc Appointments Committee and requires two or more applications for each vacant seat; b) consider the applications received in the City Clerk's Office by the January 9, 2013 deadline; and c -1) if desired, make appointments via paper ballot to EQAC and the Water Quality /Coastal Tidelands Management Committee pursuant to City Council Policy A -2 OR c -2) postpone appointments until more applications are received. 15. PURCHASE OF RESCUE AMBULANCES AND ANCILLARY EQUIPMENT. a) Approve the purchase of three ambulances from Leader Industries, Inc. of South El Monte and ancillary medical equipment for a total cost of $827,207.64; b) approve a purchase agreement with Halcore Group, Inc., dba Leader Industries for said purchase; and c) approve Budget Amendment No. 13BA -030 in the amount of $649,207.64 to provide additional funding for the purchase. 16. CORONA DEL MAR TRANSMISSION MAIN PIPELINE IMPROVEMENTS — AWARD OF CONTRACT (C- 4603). a) Approve the project drawings and specifications; b) award Contract No. 4603 to T. E. Roberts Inc., for the total bid price of $4,402,750.00, and authorize the Mayor and City Clerk to execute the contract; c) establish a contingency of $440,275.00 (10 percent) to cover the cost of unforeseen work not included in the original contract; and d) approve Budget Amendment No. 13BA -028 appropriating $973,451.00 from the Water Enterprise Capital Improvement Fund (510) to the CDM Transmission Main CIP Account No. 7511- C6002008. 17. RESOLUTION NOS. 2013 -7, 2013 -8, 2013 -9 AND 2013 -10: ADOPTING MEMORANDA OF UNDERSTANDING WITH MISCELLANEOUS BARGAINING UNITS (3) AND THE UNREPRESENTED KEY & MANAGEMENT COMPENSATION PLAN; AND RESOLUTION NO. 2013 -11: MODIFYING THE REPORTING OF THE VALUE OF THE EMPLOYER PAID MEMBER CONTRIBUTION (EPMC). a) Approve Resolutions adopting Memoranda of Understanding (MOUs) between the City of Newport Beach and the City Employees Association, between the City of Newport Beach and the Professional and Technical Employees Association, and between the City of Newport Beach and the Employees League; b) approve a Resolution adopting the Key & Management Compensation Plan, effective July 1, 2012 through June 30, 2015; and c) adopt a Resolution eliminating the reporting the value of the Employer Paid Member Contribution (EPMC) to the California Public Employees' Retirement System (PERS), as provided in the Memoranda of Understanding and the Key & Management Compensation Plan. 4 18. RESOLUTION NO. 2013 -12: ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE LIFEGUARD MANAGEMENT ASSOCIATION. Approve Resolution No. 2013 -12 adopting a Memorandum of Understanding with the Lifeguard Management Association for the period January 1, 2012 through June 30, 2014, 19. VOLUNTARY SEPARATION INCENTIVE PROGRAM (VSIP) — SEPARATION FROM CITY EMPLOYMENT AT OR PRIOR TO RETIREMENT FOR ELIGIBLE EMPLOYEES. Council to adopt a one -time only, two tier VSIP as a lump sum payment to eligible employees who meet the following prerequisites between February 12 and June 28, 2013. Payment will be based upon the date they agree to separate: 1) At least 50 years of age as of the committed separation and /or retirement date; and 2) Three years continuous full -time service with the City of Newport Beach (nonsafety /non- director level position); and 3) Must be actively at work or in a paid leave status to qualify; and 4) Agree to commit to an irrevocable separation or retirement agreement from the City by February 12 or April 16, 2013; and 5) Employees shall not be eligible for Unemployment Insurance as a result of this incentive nor layoff /severance provisions; and 6) Employees who wish to participate in the VSIP must attend information sessions regarding the program prior to separating and /or retiring; and 7) Department Director level and sworn safety employees are not eligible. XIX. MOTION 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