HomeMy WebLinkAbout07/23/2013 - Regular MeetingCity Council Minutes
Regular Meeting
July 23, 2013 -- 7:00 p.m.
I. STUDY SESSION - 4:39 p.m.
II. CLOSED SESSION - 5:57 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)
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. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
VI. CLOSED SESSION REPORT
City Attorney Harp clarified that in regards to Closed Session Item B, there is no imminent threat to Public
Services or Facilities.
VII. PLEDGE OF ALLEGIANCE - Council Member Petros
VIII. INVOCATION - Mayor Curry
IM PRESENTATIONS -None
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X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE
PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM)
Council Member Daigle reported that the City received a Rose Award for its Pension Reform Program from
the Orange County Taxpayers Association as a result of the City's ability to deal with the issue of
compensation adjustments. She reported that the City's efforts are consistent with the organization's
mission statement and that the application demonstrated measureable results of taxpayer benefit, tax
savings or government waste - cutting, and that the City is doing what it should in terms of standard
operating procedures. She added that the City's initiatives preceded any reforms by the State and read
excerpts from the City's application. She detailed accomplishments in terms of labor contracts and Council
actions, and highlighted decisions relative to pension reform contributing to the bottom line. She addressed
Council's efforts in becoming informed on the subject, its approach, and the City's workforce and leadership
cooperation. She added that it is incumbent upon those concerned about this issue to become informed
about public safety and compensation subtleties, and that the issues have considerable impact at the City,
State and Federal levels.
Council Member Selich announced that a General Plan/Local Coastal Program Implementation Committee
meeting will be held on July 24, 2013, from 12:30 p.m. to 2:30 p.m. in the Newport Coast meeting room and
addressed items to be considered. He requested a discussion to be placed on a future Council agenda about
the possibility of changing the City's practice to require business licenses for independent real estate agents
working in brokerage offices.
Mayor Curry announced that the second Meet- the -Mayor event will take place on July 27, 2013 at the
Newport Coast Community Center beginning at 9:00 a.m. Ile reported that the Spyglass Hill residents will
host a "Take Back the Night" program at Spyglass Hill Park on August 6, 2013, from 4:00 p.m. to 7:00 p.m.
Additionally, he reported receiving a note from the Jasmine Park Community thanking the City for its
assistance with their Homeowners Association in the area of water conservation.
XIL PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 8 (Approval of an Agreement for the Purchase of One Fire Engine), Jim Mosher noted the
size of the report and suggested providing a link for the public to access the complete specifications.
XIII. CONSENT CALENDAR,
A. READING OF MINUTES AND ORDINANCES
1. MINUTES FOR THE JULY 9, 2013 REGULAR MEETING. [100 -20131 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.
C. CONTRACTS AND AGREEMENTS
4. BALBOA BOULEVARD AND CHANNEL ROAD PAVEMENT RECONSTRUCTION -
NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5152. [381100-
20131 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion;
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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.
[381100 -2013] 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; e)
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.
Council Member Henn recused himself since he lives within 500 feet of the project.
6. BUILDING INSPECTION AND PLAN REVIEW SERVICES - APPROVAL OF
AMENDMENT NO. 2 OF THE AMENDED AND RESTATED PROFESSIONAL
SERVICES AGREEMENT WITH VCA CODE GROUP (C- 4936). [381100 -20131 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 (0-
4977). [381100 -20131 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 (C-
5547). 1381100 -20131 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) (C- 2058). [381100 -20131 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 (C- 5548). [381100 -2013] 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 (C- 5549). [381100-
20131 Approve an agreement with International Line Builders, Inc. for on -call streetlight
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electrical repair services, and authorize the Mayor and City Clerk to execute the agreement.
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. [100 -20131
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. [100 -20131
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).
Motion by Council Member Petros, seconded by Mayor Pro Tom Hill to approve the Consent
Calendar, except for the items removed (3, 12 and 15) and noting the recusal of Council Member Henn
to Item 5.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR
3. RESOLUTION DECLARING INTENTION TO ENTER INTO AN OPERATING AGREEMENT
FOR THE MANAGEMENT OF THE CITY'S OIL, GAS AND OTHER HYDROCARBON
RESOURCES. [100 -20131
Assistant to the City Manager Houston provided a staff report relative to the sixteen (1.6) City
operated oil wells and noted that the revenue from the production of oil goes to the Tidelands Fund.
He reported that for a number of years, Council has taken steps to secure the resources, including
developing a maintenance plan to look at all of the resources and revenues for the 'Tidelands and
whether the operations there could be enhanced. He indicated that the report conducted by
Netherland & Sewell provided suggestions on additional revenue options and that the proposed
Resolution is a result of their recommendations.
In response to Council Member Daigle's question, Assistant to the City Manager Houston reported
that there has been a conservative maintenance operation plan and that a private partner might
provide a plan that could secure the current revenue stream with a chance for an upside.
Motion by Council Member Selich, seconded by Mayor Pro Tern Hill to adopt Resolution No.
2013 -62, AResolution 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.
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The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
12. APPROVAL OF AN AGREEMENT WITH PINNACLE LANDSCAPE MANAGEMENT, INC.,
DBA PINNACLE LANDSCAPE COMPANY FOR LANDSCAPE MAINTENANCE OF PARKS
AND FACILITIES (C-5550).[381100-20131
In response to Council Member Gardner's question regarding handling of small, pocket parks,
Municipal Operations Director Harmon reported that maintenance is scheduled, are included when
maintaining larger parks in the area, and although not listed separately, they are included in the
total park acreage.
Council Member Gardner addressed water run -off and suggested asking the contractor to report areas
where run -off occurs so that staff can address it. Municipal Operations Director Harmon reported
that once sidewalks are scrubbed of algae, the matter of run -off is resolved. Additionally, he
explained the process for handling clippings and native, drought - tolerant plants. He indicated that, if
at any time there is a buildup of dead debris; staff will consult with the Fire Department.
Motion by Council Member Gardiner, seconded by Connell Member Henn to 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).
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council, Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
15. SCULPTURE IN THE CIVIC CENTER PARK, ORANGE COUNTY MUSEUM OF ART
MEMORANDUM OF UNDERSTANDING (C-4568).[38/100-20131
Council Member Gardner reported that the City Arts Commission has a brief presentation and
believed that this is important to discuss because the proposal is unique to the City.
Library Services Director Cowell introduced the item and deferred to City Arts Commissioners Carole
Boller and Caroline Logan for a presentation.
City Arts Commissioner Logan provided a PowerPoint presentation to address Council's interest in
providing sculptures in the new Civic Center Park, the efforts of the park designer and the Arts in
Public Places Ad -Hoc Committee, and discussed the City Arts Commission's Sculpture in the Park
Public Invitational 2014 -2016 Sculpture Exhibition Project.
City Arts Commissioner Boller thanked City Manager Kiff for his involvement in the project and
emphasized that the project may be modified, if necessary, to fit into an approved budget without a
loss in quality. She presented details of the project, noting that it is designed to have 1.8 original
sculptures to be installed throughout the length, of the park, would be on loam to the City for two
years, and would open with an exciting exhibition and dedication celebration in May of 2014.
Commissioner Logan addressed the basis of the project and discussed the comprehensive information
research.
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Commissioner Boller explained the call -for -entry process by the contracted Project Arts Coordinator
Site Manager and noted that the selection of pieces will first be brought before the City Arts
Commission and then to Council for final approval.
Commissioner. Logan reported that the Sculpture Exhibition will be called, "The Inherent Magic of
Newport Beach."
Examples of typical sculptures were displayed and Commissioners Boller and Logan offered to
respond to questions from Council.
Council Member Henn expressed hope that the creation or further enhancement of an arts community
in Newport Beach can be accomplished.
In response to Council Member Henn's question, Commissioner Boller reported that the invitation is
open to anyone in Orange County, but especially artists within the Newport Beach community. She
listed local artists, but noted that the invitation is open to the public. Commissioner Logan added that
the project has an artist registry that it is hoping to expand interest in art within the City by artists
and citizens.
In response to Council questions, City Manager Kiff reported that the Site Manager position needs to
be further reviewed and that staff will work with the Commission on budgeting and ways to meet the
goals. He confirmed that the concept includes Council's ability to review the pieces and have final
approval. He added that the proposal is to fund the project from fund balances leftover at the end of
the last fiscal year and not from development agreement fees, He reported that the relationship with
the Orange County Museum of Art (OCNVI ) remains positive and agreed with Council Member Petros'
suggestion to ensure review by Council at the end of the project's first year. He indicated that the
proposed May 2014 deadline is an achievable timeline for the project.
Council Member Selich and Mayor Curry commended the City Arts Commission for its efforts and
commented on future opportunities with OC1bIA.
Jim Mosher suggested public participation in the artist selection process. He believed that the matter
of funding public art through developer fees was considered too quickly and suggested revisiting it so
that the type of activity currently considered could also be funded as cultural facilities as well,
Motion by Council Member Selich, seconded by Council Member Gardner to 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.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS
Barbara Bailey reported contacting Building Inspection and Code Enforcement and noted that she has a
condominium with water intrusion and mold in the common areas. She requested City assistance with
enforcement on this issue based on the California Health and Safety Code. Mayor Curry encouraged Ms.
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Bailey to speak with Community Development Director Brandt for a referral to Code Enforcement
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tem Hill reported attending the Orange County Taxpayers Association awards event, referenced
the City's receipt of a Rose Award for the Employees Benefits Restructuring Program, and reported also
receiving an award on behalf of the Transportation Corridor Agencies for its work.
Council Member Daigle reported on a recent Orange County Vector Control meeting, as well as a Southern
California Association of Governments (SCAG) Legislative Committee meeting. She indicated that, at the
SCAG meeting, they discussed the upcoming Water Bond and indicated that she will keep the City posted
on it.
Council Member Henn reported that the Council Finance Committee reviewed the City's investment policy,
its investment performance results, and strategy change recommendations. He noted that staff did a good
job on the recommendations and that the Committee unanimously recommended bringing the matter before
Council for approval.
Council Member Selich reported that, at the Land Use Element Amendment Advisory Committee meeting,
they focused on proposed areas of change to the Land Use Element and expressed concerns with other
changes. He encouraged land owners that have had a land element change to contact the Community
Development Department with suggestions. Additionally, he reported that one of the goals of the
Committee is to be traffic neutral and announced that the next meeting will be August 6, 2013 in the
Central Library Friends Room from 3:30 p.m. to 6:00 p.m.
Mayor Curry reported that he represents the City on the Orange County Sanitation District (OCSD). He
stated that the OCSD processes dry weather run -off and has had a cap of approximately 4 million gallons
per day that they would process for free. However, as the population has grown, it has gotten close to that
cap. Mayor Curry reported that the OCSD has raised the cap to 10 million gallons per day and commended
the OCSD for this action.
XVII. PUBLIC HEARING
16. MOBILITIE TELECOMMUNICATIONS PERMIT FOR OBELISK LOCATED AT 20661
NEWPORT COAST DRIVE (PA2013 -003). [100 -20131
Motion by Mayor Pro Tern Hill, seconded by Counch Member Henn to remove the item from
the calendar.
Council Member Daigle recused herself from this item.
Mayor Curry reported that staff has requested removing the item from the calendar.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the public
hearing.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council
Member Selich, Council Member Henn
%VIII. CURRENT BUSINESS
1 ?. PLANNING COMMISSION'S FINDINGS AND RECOMMENDATIONS ON RESIDENTIAL
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LOT MERGERS. /100 -20131
Planning Manager Alford provided a staff report to highlight the background, discuss the
comprehensive review and analysis by the Planning Commission, and bring forward various
approaches. He reviewed the Planning Commission's findings and recommendations as highlighted
in the report, and emphasized that the Planning Commission stressed compatibility with nearby lots.
Council Member Gardner believed that the recommendations do not provide clarity nor make
improvements, and has the same ambiguity as when the matter was first considered. She noted
preference for the second recommendation and not the first.
In response to Council Member Selich's question, Planning Manager Alford referenced Finding 5,
noting that the Planning Commission believed that there was a lot of ambiguity in the current
language relative to a lot being excessively large. The Planning Commission focused on giving more
emphasis to lots that were immediately adjacent to subject properties and moving out on the block or
neighborhood level. He added that the findings are intended to provide more guidance and present
more items that could be considered by the decision making body when they make a compatibility
finding. He added that the closer you are to the property (adjacent or adjoining lots), the more
consideration should be given to the pattern of development.
Mayor Pro Tern Hill stated that he could relate to the comment made by the Planning Commission
regarding looking for a solution for which there is not a problem. He noted that the City has not had
many related issues and, going forward, Council will need to make decisions based on the information
presented on an individual basis. He agreed with Council Member Gardner on whether the proposed
language offers more clarity.
Council Member Henn commented on the distinction that decision needs to be made with regards to
the lot, not with regard to the development on the lot. Planning Manager Alford affirmed that this
was the consensus of the Planning Commission. Council Member Henn believed that this is a
substantive difference in the language from what presently exists. He agreed that much is left to
interpretation, but indicated that, if Council goes forward with the Zoning Code change, he would like
to see a mechanism for when two lots are merged, the property would end up with the same total
amount of setbacks as there would be for separate lots.
Council Member Petros believed that the prior text of the Subdivision Code was very vague and
expressed support for the revised language relative to adjacent or adjoining lots. Additionally, he
commended the introduction of language relative to the possible harm to an individual or adjoining lot
which was not expressed in the previous Code. He agreed that the side yard setback is an issue that
should be reviewed. He asked if that issue should be sent back to the Planning Commission to
ascertain a recommendation.
Council , Member Selich stated that the Planning Commission may have believed that taking the
setback approach would create further inequities in the Zoning Code which would create more zoning
problems than dealing with the few lot merger requests in the City. He added that, if Council decides
to send it back to the Planning Commission, they should be given better direction. Council Member
Selich indicated that he would support the current recommendation.
Motion by Council Member Selich, seconded by Mayor Pro Tern Hill to a) remove Zoning Code
Amendment CA2012 -007 from Calendar; and b) direct staff to process an amendment to Title 19
(Subdivisions) to revise Lot Merger Finding No. 5.
The motion carried by the following roll call vote:
Ayes: Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council
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Member Henn, Council. Member Daigle
Noes: Council Member Gardner
18. DIRECTION TO STAFF ON VARIOUS ISSUES. [100 -2013]
City Manager Kiff noted that the item was placed on the agenda at the request of Council Member
Gardner.
Council Member Gardner reported receiving calls from non - profit, community -based groups who
expressed disappointment with the fees associated with using City venues for events and meetings.
She suggested possibly developing criteria so that those groups could receive discounts. Regarding
picketing, she indicated that she would like to see the City provide better protection for residential
areas.
Motion by Council Member Gardner, seconded by Council Member Selich to direct staff to
bring back 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 and an agenda item that would propose an ordinance limiting or preventing the picketing of
individuals' homes.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council
Member Selich, Council. Member Henn, Council Member Daigle
XIX. MOTIONS FOR RECONSIDERATION - None
XX. ADJOURNMENT - 8:05 p.m.
The agenda for the Regular Meeting was posted on July 18, 2013, at 4 :07 p.na on the City's
website; on July 19, 2013, at 8:00 a.m. on the City Hall Electronic Bulletin Board located in the
entrance of the City Council Chambers at 100 Civic Center Drive; and on July 19, 2013, at 7:40
a.m. in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100
Civic Center Drive.
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Recording Secretary
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