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Home My WebLink About00 - Regular Meeting Agenda - AmendedAMENDED CITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JUNE 25, 2013 CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE CLOSED SESSION 6:00 P.M. REGULAR MEETING 7:00 P.M. KEITH D. CURRY Mayor RUSH N. HILL, II MICHAEL F. HENN Mayor Pro Tern G Council Member TONY PETROS� LESLIE DAIGLE Council Member Council Member EDWARD D. SELICH' �' NANCY GARDNER Council Member 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 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: htti):// www. newportbeachca .gov /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 cityclerk (a)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 JUNE 25, 2013 CLOSED SESSION - 6:00 P.M. REGULAR MEETING - 7:00 P.M. I. STUDY SESSION — Cancelled II. ROLL CALL - 6:00 p.m. III. PUBLIC COMMENTS REGARDING CLOSED SESSION Public comments are invited on Closed Session items only. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. IV. CLOSED SESSION - 6:00 p.m. 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) V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE — Girl Scout Troop No. 1316 X. INVOCATION — Father Kerry Beaulieu, Our Lady Queen of Angels Church XI. PRESENTATIONS Presentation from the Girls Scouts of Orange County Recognition of Dispatcher Brian Eberhardt for Receiving the State Dispatcher of the YearAward Youth Council Annual Presentation to the City Council 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 "d Floor, during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeachca.gov. XII. 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. XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) XIV. 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 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. XV. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES MINUTES FOR THE JUNE 11, 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. RESOLUTION FOR ADOPTION 3. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SELECTED STREETS AND PARKING LOTS FOR THE JULY 4" HOLIDAY PERIOD. Adopt Resolution No. 2013 -54, A Resolution of the City Council of the City of Newport Beach Authorizing the Temporary Closure of Seashore Drive, Newport Boulevard, Back Bay Drive and Balboa Boulevard, Selected Parking Lots, and Selected Feeder Streets. C. CONTRACTS AND AGREEMENTS 4. FY 12113 TRAFFIC SIGNAL REHABILITATION PROJECT - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5223. 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 the applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 5. PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, L.P., FOR CONSULTANT SERVICES FOR SECURING THE CITY'S REGIONAL GENERAL PERMIT NO. 54. a) Approve and execute the Professional Services Agreement with Anchor for securing the City's Regional General Permit and for assistance with the City's Eelgrass Management Plan; and b) approve Budget Amendment No. 13BA -047 appropriating $90,000.00 from the unappropriated Tidelands Fund balance to CIP Account No. 7231- C4401001. 6. REQUEST FOR SUPPORT OF BOUNDARY LINE AGREEMENT BETWEEN 2808 LAFAYETTE PROPERTY, LLC AND THE STATE LANDS COMMISSION. a) Authorize staff to assist the Owner and the State Lands Commission to draft a boundary line agreement defining the boundaries between the public tidelands and private area adjacent to the Property; b) authorize the City Manager or his designee to sign and transmit a letter to the State Lands Commission in support of Owner's boundary line agreement; and c) authorize the City Manager or his designee, if necessary or convenient, to enter the City into the boundary line agreement between the Owner and the State Lands Commission. POLICE DEPARTMENT COMPUTER AIDED DISPATCH /RECORDS MANAGEMENT SYSTEM (CAD /RMS) SYSTEM — AWARD OF CONTRACT NO. 5505. a) Award Contract No. 5505 to SunGard Public Sector for CAD /RMS Software Licenses and Services in the amount of $1,427,052.00, and authorize the Mayor and City Clerk to execute the contract; and b) approve a Software Maintenance Agreement with SunGard Public Sector for ongoing support and maintenance of the new CAD /RMS system, and authorize the Mayor and City Clerk to execute the agreement. 8. CONTRACT WITH CITY EMPLOYEE, MICHELLE CALDWELL. Authorize the City Manager to execute a Temporary Employment Agreement (TEA) with employee, Michelle Caldwell, who retired on December 28, 2012, to temporarily fill the position of Police Dispatcher until all vacancies can be filled. D. MISCELLANEOUS 9. PLANNING COMMISSION AGENDA FOR JUNE 20, 2013. Receive and file. 10. INITIATION OF AN AMENDMENT TO THE SANTA ANA HEIGHTS RESIDENTIAL EQUESTRIAN DISTRICT. Authorize the Mayor to send correspondence and a draft ordinance to the Orange County Board of Supervisors and Successor Agency requesting consent to amend the Santa Ana Heights Specific Plan to delete the requirement for an annual use permit relative to the keeping of three to six horses in the REQ (Residential Equestrian) district. 11. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT FY 2012 -2013 ANNUAL REPORT. Receive, approve and file the FY 2012 -2013 Annual Report of the Marine Avenue Business Improvement District. 12. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT FY 2012 -2013 ANNUAL REPORT. Receive, approve and file the FY 2012 -2013 Annual Report of the Balboa Village Business Improvement District. 13. 2013 DRINKING WATER QUALITY REPORT ON PUBLIC HEALTH GOALS. Receive and file. 14. USE FEES AT THE UPPER NEWPORT BAY ECOLOGICAL RESERVE (UNBER). Authorize Mayor Curry to send a letter to the California Department of Fish and Wildlife (CDFW) to consider rescinding the Lands Pass fee at UNBER. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR XVII. 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. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIX. PUBLIC HEARINGS 15. RESOLUTION NO. 2013 -55: RENEWAL OF THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) FOR FISCAL YEAR 2013 -2014 AND BOARD APPOINTMENTS FOR FISCAL YEAR 2013 -2014. a) Hold a public hearing regarding the renewal of the Corona del Mar Business Improvement District (BID); b -1) if protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2013 -55, A Resolution of the City Council of the City of Newport Beach Confirming the Levying of Assessments for the Fiscal Year of July 1, 2013 to June 30, 2014 for the Corona del Mar Business Improvement District, for Fiscal Year 2013 -14 OR b -2) if protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the Corona del Mar BID OR b -3) if the majority protest is only against the furnishing of a specific type or types of improvements or activity or benefit within the BID, those types of improvements or activities or benefit zones shall be eliminated; and c) appoint the following to the Corona del Mar BID Advisory Board of Directors for FY 2013 -2014: Bernie Svalstad, Newport Financial Keith Dawson, Dawson & Dawson Jim Walker, The Bungalow Restaurant Tom Nicholson, Nicholson Companies Scott Laidlaw, Laidlaw Schultz Architects Scott Palmer, BID Systems 16. NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID) FY 2012 -2013 ANNUAL REPORT AND RESOLUTION NO. 2013 -56: RENEWAL OF THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2013 -2014. a) Receive and approve the Newport Beach Restaurant Association Business Improvement District FY 2012 -2013 Annual Report; b) hold a public hearing regarding the renewal of the Newport Beach Restaurant Association Business Improvement District; and c -1) if protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2013 -56, A Resolution of the City Council of the City of Newport Beach Confirming the Levying Assessments for the Fiscal Year of July 1, 2013 to June 30, 2014 for the Newport Beach Restaurant Association Business Improvement District; OR b -2) if protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the Newport Beach Restaurant Association BID OR b -3) if the majority protest is only against the furnishing of a specific type or types of improvements or activity or benefit within the BID, those types of improvements or activities or benefit zones shall be eliminated. XX. CURRENT BUSINESS 17. GROUND LEASE BY AND BETWEEN THE CITY OF NEWPORT BEACH AND THE GIRL SCOUTS OF ORANGE COUNTY (GSOC) FOR A PORTION OF MARINA PARK LOCATED AT 1600 WEST BALBOA BOULEVARD. Adopt Resolution No. 2013 -57, A Resolution of the City Council of the City of Newport Beach Approving a Ground Lease By and Between the City of Newport Beach and the Girl Scouts of Orange County for Property Located on the Marina Park Property and Adopting findings Pursuant to City Council Policy F -7, approving a Ground Lease for a portion of the Marina Park Property to GSOC at a lower than market rate and adopting findings pursuant to City Council Policy F -7 - Income Property; and b) authorize the City Manager to execute and file with the Office of the County Recorder a Ground Lease by and between the City of Newport Beach and GSOC. 18. APPOINTMENTS TO THE LAND USE ELEMENT AMENDMENT ADVISORY COMMITTEE. a) Confirm the Mayor's appointments of Council Member Ed Selich (Chair), Council Member Nancy Gardner, Planning Commissioner Larry Tucker, and Planning Commissioner Kory Kramer to serve on the Land Use Element Amendment Advisory Committee; b) consider the applications for the five at -large community member positions received in the City Clerk's Office by the June 12, 2013 deadline; and c) make at -large community member appointments via paper ballot pursuant to City Council Policy A -2 (Board, Commission, and Committee Appointments). 19. PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER FOR PLANNING AND ENVIRONMENTAL CONSULTING SERVICES RELATED TO AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT. Approve a Professional Services Agreement with The Planning Center to process the amendment to the General Plan Land Use Element for a not -to- exceed fee of $499,995.00, and authorize the Mayor and City Clerk to execute the Agreement. 20. APPOINTMENTS TO BOARDS AND COMMISSIONS. Make appointments to the Boards and Commissions from the nominees listed below to serve terms effective July 1, 2013 to June 30, 2017, excluding the two current vacant seats on the Building and Fire Board of Appeals, whose terms will expire on June 30, 2016: Board of Library Trustees [1 Vacancy/Vote for 11 Roxana Mehrfar John Prichard Building and Fire Board of Appeals [4 Vacancies/Vote for 4] George Crall John De Frenza Jay Elbettar Brion Jeannette Richard Luehrs James Pirdy Ron Yeo City Arts Commission [3 Vacancies/Vote for 3] Carole Boller (incumbent) Judy Chang Cynthia Gallagher Caroline Logan (incumbent) Michaell Magrutsche Charles Ware Civil Service Board [1 Vacancy / /Vote for 1] Gloria Alkire Mike Talbot (incumbent) Harbor Commission [2 Vacancies /Vote for 2] John Drayton David Girling (incumbent) Stephen Scully Joseph Stapleton 5 Parks. Beaches & Recreation Commission [2 VacanciesNote for 2] Laird Hayes Walter Howald Marie Marston (incumbent) Michael Melby Planning Commission [2 VacanciesNote for 2] Bradley Hillgren (incumbent) Tyler Hoist Raymond Lawler Albert Marshall 21. CITY INSURANCE RENEWALS — JULY 1, 2013 TO JUNE 30, 2014. Approve renewal of the following insurances: excess general liability, excess workers' compensation and property insurance coverage for an amount not to exceed $1,883,878 in total premium from the Insurance Reserve Funds (the term of the renewal is for a twelve (12) month policy period, July 1, 2013 through June 30, 2014). XXI. 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. XXII. ADJOURNMENT 11