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Home My WebLink About00 - Regular AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JULY 23, 2013 CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE REGULAR MEETING - 7:00 P.M. KEITH D. CURRY Mayor RUSH N. HILL, II Mayor Pro Tem TONY PETROS Council Member EDWARD D. SELICH � 1r�4 Council Member u k .;, DAVE KIFF - City Manager AARON HARP - City Attorney LEILANI BROWN - City Clerk STEVE BADUM - Assistant City Manager MICHAEL F. HENN Council Member LESLIE DAIGLE Council Member NANCY GARDNER Council Member 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, 2na 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.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 cityclec rk�newportbeachcagovewportbeachcagov ). PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE REGULAR MEETING JULY 23, 2013 7:00 P.M. I. 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. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code Section 54957): Consultations with: Jay Johnson, Chief of Police, Newport Beach Police Department 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. PRESENTATIONS - None 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. 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. 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 - 15). 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 JULY 9, 2013 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 DECLARING INTENTION TO ENTER INTO AN OPERATING AGREEMENT FOR THE MANAGEMENT OF THE CITY'S OIL, GAS AND OTHER HYDROCARBON RESOURCES. Adopt Resolution No. 2013 -62, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Enter into an Operating Agreement for the Management of the City's Oil, Gas and Other Hydrocarbon Resources. C. CONTRACTS AND AGREEMENTS 4. BALBOA BOULEVARD AND CHANNEL ROAD PAVEMENT RECONSTRUCTION - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5152. 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. BAY AVENUE PAVEMENT REHABILITATION — AWARD OF CONTRACT NO. 4840. a) Approve the project drawings and specifications; b) relieve the low bidder, Grigolla & Sons Construction Company, Inc., of their bid due to errors made in the bid; c) award Contract No. 4840 to GMC Engineering, Inc. (GMC) of Tustin, California, for the total bid price of $1,399.999.50, and authorize the Mayor and City Clerk to execute the contract; and d) establish a contingency of $140,000.50, approximately 10 percent, to cover the cost of unforeseen work. 6. BUILDING INSPECTION AND PLAN REVIEW SERVICES — APPROVAL OF AMENDMENT NO. 2 OF THE AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT WITH VCA CODE GROUP. Approve Amendment No. 2 of the Amended and Restated Professional Services Agreement with VCA Code Group for contract professional services for an amount not to exceed $662,000 for the time period of September 1, 2011 to June 30, 2014. 7. ACQUISITION OF RULE 20A CREDITS FROM THE CITY OF MISSION VIEJO. a) Authorize the City Manager to execute the Memorandum of Understanding (MOU) between the City of Newport Beach and the City of Mission Viejo documenting details of transaction for the Rule 20A credit acquisition and to provide the City of Newport Beach first right of refusal to purchase additional Rule 20A credits from the City of Mission Viejo, as it becomes available, at a purchase rate of $0.55 on the dollar; and b) authorize staff to process the Rule 20A credit transfer between the City of Newport Beach and the City of Mission Viejo with Southern California Edison (SCE). 8. APPROVAL OF AN AGREEMENT FOR THE PURCHASE OF ONE FIRE ENGINE. Approve an agreement with Pierce Manufacturing, Incorporated, of Appleton, Wisconsin, for the purchase of one 2013 Pierce Fire Engine for a total cost of $580,789.44. 9. APPROVAL OF TENTATIVE AGREEMENT WITH THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS ( ANBOL). Approve the Tentative Agreement with ANBOL providing the terms for a successor Memorandum of Understanding (MOU), which will be presented in full at a future City Council meeting in August 2013. 10. APPROVAL OF AN AGREEMENT WITH HOUSTON AND HARRIS PCS, INC. FOR SEWER VIDEO INSPECTION SERVICES. a) Approve an agreement with Houston and Harris, Inc. for sewer video inspection services, and authorize the Mayor and City Clerk to execute the agreement; and b) approve Budget Amendment No. 14BA -004 appropriating $67,000 from wastewater fund reserves for sewer video inspection services to the CCTV Maintenance account (5600- 8158). 11. APPROVAL OF AN AGREEMENT WITH INTERNATIONAL LINE BUILDERS, INC. FOR ON -CALL STREETLIGHT ELECTRICAL REPAIR SERVICES. Approve an agreement with International Line Builders, Inc. for on -call streetlight electrical repair services, and authorize the Mayor and City Clerk to execute the agreement. 12. APPROVAL OF AN AGREEMENT WITH PINNACLE LANDSCAPE MANAGEMENT, INC., DBA PINNACLE LANDSCAPE COMPANY FOR LANDSCAPE MAINTENANCE OF PARKS AND FACILITIES. a) Approve an agreement with Pinnacle Landscape Management, Inc., DBA Pinnacle Landscape Company of Santa Ana for landscape maintenance of parks and facilities, and authorize the Mayor and City Clerk to execute the agreement; and b) approve Budget Amendment No. 14BA -005 appropriating $82,200 from General Fund unappropriated fund balance to the Contract Services — Parks and Facilities account (3170-80883). D. MISCELLANEOUS 13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION AND APPROPRIATE FUNDS TO THE LIBRARY'S FISCAL YEAR 2013/2014 MAINTENANCE AND OPERATION BUDGET. Approve Budget Amendment No. 14BA -002 to increase revenue estimates by $12,550 in Account 4090 -5893 (Library Foundation Donations) and to increase expenditure estimates by the same amount in Division 4090 (Library Foundation Donations) and Division 4060 (Literacy Services). 14. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO THE LIBRARY'S FISCAL YEAR 2013/2014 MAINTENANCE AND OPERATION BUDGET. Approve Budget Amendment No. 14BA -003 to increase revenue estimates by $255,000 in Account 4091 -5892 (Friends of the Library Donations) and to increase expenditure estimates by the same amount in Division 4091 (Friends of the Library) and Division 4060 (Literacy Services). 3 15. SCULPTURE IN THE CIVIC CENTER PARK, ORANGE COUNTY MUSEUM OF ART MEMORANDUM OF UNDERSTANDING. a) Authorize staff and members of the City Arts Commission to move forward to implement a temporary sculpture exhibit with a maximum of ten sculptures in year one and an additional ten sculptures in year two (Sculptures exhibited in year one would be de- installed in 2016. Sculptures added in 2015 would be de- installed in 2017. Total project time would be from July 2013 through April 2017.); b) authorize the City Manager to send a letter to the Orange County Museum of Art ending a June 2010 Memorandum of Understanding (MOU); and c) approve Budget Amendment No. 14BA -006 appropriating up to $125,000 for the first year of the temporary sculpture exhibit. 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 16. MOBILITIE TELECOMMUNICATIONS PERMIT FOR OBELISK LOCATED AT 20661 NEWPORT COAST DRIVE (PA2013 -003). Remove the item from the calendar. XVIII. CURRENT BUSINESS 17. PLANNING COMMISSION'S FINDINGS AND RECOMMENDATIONS ON RESIDENTIAL LOT MERGERS. a) Remove Zoning Code Amendment CA2012 -007 from Calendar; and b) direct staff to process an amendment to Title 19 (Subdivisions) to revise the findings required to approve lot mergers. E QINxN1[Qk, \1101&9 /_1a &Q1!\ %1:7[0111961.111 *1 Offer specific direction regarding: a) Should the City staff return with an agenda item that would propose lower subsidized room rental fees for not - for - profits or other community -based groups that use certain City locations, such as the Civic Center's community room? b) Should the City staff return with an agenda item that would propose an ordinance limiting or preventing the picketing of individuals' homes? 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