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HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, AUGUST 13, 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 AUGUST 13, 2013 7:00 P.M. STUDY SESSION — 4:30 p.m. II. CLOSED SESSION — After Study Session - Council Chambers Conference Room A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): Properties: Three parcels owned by the City of Newport Beach and identified as (1) APN 048 - 310 -01 consisting of unimproved right -of -way extending west of G Street to Channel Road; (2) Unimproved right - of -way extending from the eastern terminus of Canal Street to the terminus of Lancaster Street; (3) Unimproved right -of -way extending from terminus of Summit Street to terminus 36th Street; and (4) Unimproved right -of -way extending from the terminus of A Street to 250 feet southeast of E Street. Agency Negotiator: Dave Kiff, City Manager Negotiating Parties: Parties may include: (1) Owners of property coterminous to APN 048 - 310 -01; (2) Owners of property coterminous to the unimproved right -of -way extending from the eastern terminus of Canal Street to the terminus of Lancaster Street; (3) Owners of propert coterminous to the unimproved right -of -way extending from terminus of Summit Street to terminus 36` Street; (4) Owners of property coterminous to the unimproved right -of -way extending from the terminus of A Street to 250 feet southeast of E Street; (5) County of Orange; and (6) the State of California. Under Negotiation: Instruction to the City's negotiator will concern price and terms of payment B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): 1. Morningside Recovery, LLC, at al. v. City of Newport Beach Orange County Superior Court Case No. 30- 2011 - 00505900 -CU -WM -CJC 2. MORN at al. v. City of Newport Beach, at al. Orange County Superior Court Case No. 30- 2011 - 00447004 -CU -WM -CJC C. 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) 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. 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 — Pastor Eric Heard, Mariners Church IX. PRESENTATIONS 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 - 19). 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 1. MINUTES FOR THE JULY 23, 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. ORDINANCE FOR INTRODUCTION 3. CONSIDERATION OF ORDINANCE NO. 2013 -14 AMENDING THE HARBOR COMMISSION'S PURPOSE AND RESPONSIBILITIES. Introduce Ordinance No. 2013- 14, An Ordinance of the City Council of the City of Newport Beach Repealing Ordinance No. 2001 -25 Amending the Harbor Commission's Purpose and Responsibilities, and pass to second reading on September 10, 2013. C. RESOLUTIONS FOR ADOPTION 4. AMEND AND REAFFIRM COUNCIL INVESTMENT POLICY (F -1). Adopt Resolution No. 2013 -63, A Resolution of the City Council of the City of Newport Beach Finding Consistency with Stated Investment Objectives and Amending City Council Policy F -1, Statement of Investment Policy, to Align Policy with State Code, Allow for Greater Investment Diversification, and Provide Greater Clarity to the Investment Advisors, approving proposed amendments to, and reaffirming Council Policy (F -1) Statement of Investment Policy as presented. 5. RESOLUTION NO. 2013 -64: ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS (ANBOL). Adopt Resolution No. 2013 -64, A Resolution of the City Council of the City of Newport Beach Adopting a Memorandum of Understanding Between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards (ANBOL), for the period July 1, 2012 through June 30, 2014. � I AVA Ih 1 :1111 :I all :1111 :ra\9 :Vd :1 k' be :4 :1: /_1- 1141 /_\ I UL IS_1 »:Z8P/_1 We] WIV810161 U 4:T-A I PI4 AGREEMENT WITH THE COUNTY OF ORANGE. a) Approve a Cooperative Agreement with the County of Orange for the Irvine Avenue Pavement Rehabilitation project; b) adopt Resolution No. 2013 -65, A Resolution of the City Council of the City of Newport Beach for the Declaration of Irvine Avenue within the City of Newport Beach to be a County Highway during construction of the project; and c) approve Budget Amendment No. 14BA -007 appropriating $170,000 from the unallocated Gas Tax fund balance to CIP Account No. 7181- C2002072. D. CONTRACTS AND AGREEMENTS BAYSIDE COVE WALKWAY — AWARD OF CONTRACT NO. 5276. a) Approve the project drawings and specifications; b) relieve the lower bidder Aghapy Group, Inc. of their bid due to computation errors; c) award Contract No. 5276 to GMC Engineering, Inc. of Tustin, for the total bid price of $147,967.00, and authorize the Mayor and City Clerk to execute the contract; and d) establish a contingency of $15,000.00 (approximately 10 percent) to cover the cost of unforeseen work. 8. BRISTOL STREET LANDSCAPE IMPROVEMENTS - AWARD CONTRACT NO. 4843. a) Approve the project drawings and specifications; b) award Contract No. 4843 to KASA Construction, Inc. of Ontario, for the total bid price of $423,160.00, and authorize the Mayor and City Clerk to execute the contract; and c) establish a contingency of $63,475.00 (15 percent) to cover the cost of unforeseen work. 9. AMENDMENT TO THE CENTRAL PARKING SYSTEM (CPS) AGREEMENT. Authorize the Mayor and City Clerk to approve an amendment to the CPS Agreement which would provide for certain not -to- exceed amounts for the management of the Corona del Mar Parking Lot and the Balboa Parking Lot. 3 10. SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT. Approve the Agreement between the City of Newport Beach and the Newport -Mesa Unified School District to participate in the School Resource Officer Program, and authorize the Mayor and City Clerk to execute the agreement. 11. TEMPORARY EMPLOYMENT AGREEMENT WITH FORMER CITY EMPLOYEE, SHONTEL SHERWOOD. Authorize the City Manager to execute a Temporary Employment Agreement (TEA) with retired employee, Shontel Sherwood, to fill the position of Custody Officer until all vacancies can be filled. 12. APPROVAL OF AN EXCLUSIVE NEGOTIATING AGREEMENT WITH OLSON REAL ESTATE GROUP, INC. FOR THE REUSE OF THE FORMER CITY HALL COMPLEX (PA2012 -176) - 3300 NEWPORT BOULEVARD & 475 32ND STREET. a) Approve an exclusive negotiating agreement with Olson Real Estate Group, Inc. of Irvine for an initial term of one year with a maximum cumulative extension of three months, and authorize the Mayor and City Clerk to execute the exclusive negotiating agreement; and b) direct staff to take actions necessary to implement the terms of the agreement. E. MISCELLANEOUS 13. PLANNING COMMISSION AGENDA FOR AUGUST 8, 2013. Receive and file. 14. "SUSAN G. KOMEN - RACE FOR THE CURE" BANNERS — APPROVAL OF ENCROACHMENT PERMIT N2013 -0212. Conditionally approve the request of "Susan G. Komen — Race for the Cure' for installation of 89 banners, from Monday, August 26, 2013, to Monday, September 23, 2013, for the annual "Race for the Cure" event (installation will be along Westcliff Drive, Jamboree Road, East Coast Highway, and MacArthur Boulevard). 15. REQUEST TO INSTALL A NEW DRIVEWAY APPROACH AT 201 SAPPHIRE AVENUE. Approve a new 16 -foot wide driveway approach on Park Avenue for access to the property per City Council Policy L -2, Driveway Approaches, provided the property owner obtains an encroachment permit from the Public Works Department. 16. NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID) FISCAL YEAR 2013 -2014 ADVISORY BOARD APPOINTMENTS. Appoint the following persons to serve on the Newport Beach Restaurant Association BID Advisory Board of Directors for FY 2013 -2014: Joe Campbell Sheri Drewry Eldy Galietta Thomas Giulioni Nicole Hay Cindy O'Shea John Robinson Ronald Schwartz Sumeth Tila Jim Walker Ali Zadeh Ruby's Diner Wilma's Patio Barolo by the Sea Back Bay Bistro 21 Oceanfront Whole Foods Amelia's Seafood & Italian Restaurant Muldoon's Irish Pub Royal Thai Cuisine The Bungalow Restaurant Port Restaurant and Bar 17. APPROVAL OF COMPARATOR AGENCIES FOR THE FOX LAWSON & ASSOCIATES (FLA) CLASSIFICATION AND COMPENSATION STUDY. Use the comparator cities of Carlsbad, Chula Vista (new), Costa Mesa, Fullerton, Huntington Beach, Irvine, Oceanside, Orange, Santa Ana, Santa Monica (new), and Torrance for the remaining FLA compensation review; and no longer use the cities of Anaheim and Long Beach as comparator cities. 18. START RESERVE FUND TRANSFER. Authorize Budget Amendment No. 14BA -008 for the transfer of $26,550.00 from the General Fund START Reserve Account 010 -3758 to Fire EMS Account 2340 -7042 to fund the personnel costs associated to back -fill one firefighter during completion of paramedic field internship [per Council Reserve Policy F -2, the excess revenues generated from the START Program are to be used for START training materials and to enhance paramedic, EMT, and Mobile Intensive Care Nurse (MICN) pre - hospital education]. 19. DIRECTION TO STAFF ON ONE ISSUE. Direct staff to return to the City Council with an agenda item that would consider lowering or eliminating the business license tax for the business classification that includes real estate agents who work within or are affiliated with larger real estate brokerages which also have a business license. 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. CURRENT BUSINESS 20. CONSIDERATION OF ORDINANCES 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 10, 2013, OR a -2) introduce Ordinance No. 2013 -15, An Ordinance of the City Council of City of Newport Beach Repealing Subsection 17.35.020(F) and Amending 17.60.060 of the Newport Beach Municipal Code to Require Commercial Tidelands Users to Defend and Indemnify the City of Newport Beach, and pass to second reading on September 10, 2013, OR a -3) select neither Option a -1 or a -2 and maintain the current process. 21. CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 10.68 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO TARGETED RESIDENTIAL PICKETING. Introduce 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, and pass to second reading on September 10, 2013. XVIII. 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. XIX. ADJOURNMENT