HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
REGULAR CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 25, 2012
CITY COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD
7:00 P.M.
KEITH D. CURRY
Mayor Pro Tern
STEVEN ROSANSKY
Council Member
LESLIE J. DAIGLE
Council Member
NANCY GARDNER
Mayor
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MICHAEL F. HENN
Council Member
RUSH N. HILL, II
Council Member
EDWARD D. SELICH
Council Member
DAVE KIFF - City Manager
AARON HARP - City Attorney
LEILANI BROWN - City Clerk
STEPHEN 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 generally held on the second and fourth Tuesdays of each month at
7:00 p.m. 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.
It is the intention of the City of Newport Beach 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,
the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Leilani
Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if
accommodation is feasible.
PLEASE TURN CELL PHONES & PAGERS OFF OR SET IN SILENT MODE.
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD
SEPTEMBER 25, 2012
Regular Meeting
7:00 p.m.
STUDY SESSION — 4:00 p.m.
II. CLOSED SESSION — After Study Session - Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter
Property: 1499 Monrovia Ave., Newport Beach, CA
Agency negotiators: Dave Kiff and Steve Rosansky
Negotiating parties: Kenneth Kaplan
Under negotiation: Instruction to negotiator will concern price and terms of payment
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code §
54956.9(a)): 1 matter
1. Janice Coia v. City of Newport Beach
Orange County Superior Court Case No. 30- 2012 - 00542408
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TO LITIGATION (Government Code § 54956.9(b)): 1 matter
There is a significant exposure to litigation with Kenneth Kaplan based on his allegations of inverse
condemnation related to the real property located at 1499 Monrovia Ave., Newport Beach, California
(Section 54956.9(b)(3)(B)).
D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6)
Heading Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy
City Manager /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); Newport Beach Professional and Technical Association (NBPTEA)
E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957)
Title: Aaron C. Harp, City Attorney
Testimony given before the City Council is recorded.
Yellow light indicates that the speaker has one minute for summation;
and 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.
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 - Mr. Frank Carpenter
IX. PRESENTATIONS
Library check from the NBPL Foundation
Coast Colleges' Chancellor, Dr. Andrew Jones, and Public Affairs Director, Dr. Martha Parham —
to speak about their upcoming bond measure on the November 2012 ballot.
Proclamation to Esther Lofgren for earning a gold medal at the London Olympics
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. Speakers must limit comments to five (5)
minutes on agenda items. 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. CONSENT CALENDAR
All matters listed under CONSENT CALENDAR (1 - 13) 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, staff or the public
request specific items to be discussed and /or removed from the Consent Calendar for separate action.
Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern
upon invitation by the Mayor, and state their name and item number. If the optional sign -in card has
been completed, it should be placed in the box provided at the podium.
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE SEPTEMBER 11, 2012 STUDY SESSION AND REGULAR
MEETING. Waive reading of subject minutes, approve as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all
ordinances and resolutions under consideration, and direct the City Clerk to read by title
only.
B. ORDINANCE FOR INTRODUCTION
3. PROPOSED AMENDMENT OF THE NEWPORT BEACH MUNICIPAL CODE,
TITLE 9; CHAPTER 9.04 FIRE CODE, REMOVING SECTION 610 — BREATHING AIR
REPLENISHMENT SYSTEMS (BARS). a) Introduce Ordinance No. 2012 -21, titled
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 9, CHAPTER 9.04.060 TO REMOVE SECTION 610 BREATHING
AIR REPLENISHMENT SYSTEMS (BARS)," and pass to second reading on
October 9, 2012; and b) find that Ordinance No. 2012 -21 is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of
the CEQA Guidelines, California Code Regulations, Title 14, Chapter 3, because it has
no potential for resulting in physical change to the environment, directly or indirectly.
C. RESOLUTIONS FOR ADOPTION
4. PREVAILING WAGE EXEMPTION. Continue the item to the October 9, 2012, meeting.
5. RESOLUTION SUPPORTING A GRANT APPLICATION TO THE DEPARTMENT OF
BOATING AND WATERWAYS FOR VESSEL PUMPOUT REPLACEMENT. Adopt
Resolution No. 2012 -82, authorizing and supporting submittal of an application to the
Department of Boating and Waterways for grant funds for the Replacement of the
Vessel Pumpouts.
D. CONTRACTS AND AGREEMENTS
6. JAMBOREE ROAD IMPROVEMENTS — BRISTOL STREET NORTH TO FAIRCHILD
ROAD — AWARD OF CONTRACT NO. 4071. a) Approve the project plans and
specifications; b) award Contract No. 4071 to GMC Engineering, Inc., for the total bid
price of $1,489,907.50, and authorize the Mayor and the City Clerk to execute the
contract; and c) establish a contingency of $149,000 (10 %) to cover the cost of
unforeseen work.
7. JAMBOREE ROAD IMPROVEMENTS — MACARTHUR BOULEVARD TO CAMPUS
DRIVE — APPROVAL OF A COOPERATIVE AGREEMENT WITH THE CITY OF
IRVINE. Approve a Cooperative Agreement with the City of Irvine for the Jamboree
Road Improvements (MacArthur Boulevard to Campus Drive) project.
8. ACQUISITION OF RULE 20A CREDITS FROM THE CITY OF GARDEN GROVE.
a) Authorize the City Manager to execute the Memorandum of Understanding (MOU)
between the City of Newport Beach and City of Garden Grove documenting details of
transaction for the acquisition of rule 20A Credits; and b) authorize staff to process the
$1,847,982, in Rule 20A credit transfer between the City of Newport Beach and City of
Garden Grove with SCE for a cash cost of $831,591.90 to the City.
9. CONTRACT WITH FORMER CITY EMPLOYEE, RANDALL PARKER. Authorize the
City Manager to execute a Temporary Employment Agreement (TEA) with a former
employee, Randall Parker, to temporarily fill the position of the Court Liaison Officer.
E. MISCELLANEOUS
10. PLANNING COMMISSION AGENDA REPORT FOR SEPTEMBER 20, 2012. Receive
and file.
11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH
PUBLIC LIBRARY FOUNDATION AND APPROPRIATE FUNDS TO THE LIBRARY'S
FISCAL YEAR 2 01 212 01 3 MAINTENANCE AND OPERATION BUDGET. Approve
Budget Amendment No. 13BA -013 to increase revenue estimates by $220,000 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).
12. RESPONSE TO THE ORANGE COUNTY GRAND JURY — "EMERGENCY MEDICAL
RESPONSE IN ORANGE COUNTY." Authorize the Mayor to send a response to the
Presiding Judge of the Superior Court.
13. ACCEPTANCE OF 2012/2013 STATE OF CALIFORNIA, OFFICE OF TRAFFIC
SAFETY, DUI ENFORCEMENT AND AWARENESS PROGRAM GRANTS #PT1302
AND #SC13284. a) Authorize the City Council to accept a $110,000 "Selective Traffic
Enforcement Program" (STEP) award granted to the Newport Beach Police Department
by the OTS per Council Policies F -3 and F -25. Therefore, to comply with Council Policy
F -3, City Council must formally accept the award of $110,000 and create a new
appropriation to expend the money; b) approve Budget Amendment No. 13BA -012
increasing Police revenue estimates and expenditure appropriations by $110,000;
c) authorize the City Council to accept a $75,000 "Sobriety Checkpoint Grant Program"
award granted to the Newport Beach Police Department by the OTS per Council
Policies F -3 and F -25. Therefore, to comply with Council Policy F -3, City Council must
formally accept the award of $75,000 and create a new appropriation to expend the
money; and d) approve Budget Amendment No. 13BA -012 increasing Police revenue
estimates and expenditure appropriation by $75,000.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT
FOR THOSE ITEMS REMOVED.
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
XIV. PUBLIC COMMENTS
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.
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
XVI. PUBLIC HEARINGS
14. VACATION OF EXISTING SEWER EASEMENTS AT 300 WEST COAST HIGHWAY,
303 KINGS ROAD, 100 KINGS PLACE AND 104 KINGS PLACE. a) Conduct a public hearing
and close public hearing for the vacation of existing sewer easements; and b) if desired, (1)
adopt Resolution No. 2012 -83 ordering the vacation of existing sewer easements, (2) direct staff
to process the vacation of said easements, and (3) direct the City Clerk to have the Resolution
and easement documents recorded by the Orange County Recorder.
15. BALBOA VILLAGE IMPLEMENTATION PLAN (PA2011 -224) — BALBOA PENINSULA
BETWEEN 7T" STREET AND A STREET INCLUDING BALBOA VILLAGE. a) Conduct a
public hearing; b) adopt attached Resolution No. 2012 -84 approving the Balboa Village
Implementation Plan consistent with the recommendations of the Neighborhood Revitalization
Committee and finding that the action is exempt from the California Environmental Quality Act
( "CEQA ") pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3; c) adopt Resolution No. 2012 -85 creating
the Balboa Village Advisory Committee; d) confirm the Mayor's appointment of Council Member
Henn and one additional Council Member to the Balboa Village Advisory Committee ( "BVAC ");
e) direct the City Clerk to post and publish a Request for Applications for the BVAC; and
f) review Residential Parking Survey and authorize staff to conduct survey.
16. ANNUAL MONITORING REVIEW OF DEVELOPMENT AGREEMENT NO. 14: NEWPORT
COAST (PA2011 -030). a) Conduct a public hearing; b) find that the applicant has demonstrated
good faith compliance with the terms of the Development Agreement; and
c) receive and file an annual report of the Annexation and Development Agreement.
17. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM YEAR 2011 -2012,
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER).
a) Hold a public hearing to receive comments on the Program Year 2011 -2012 CAPER;
b) approve the Program Year 2011 -2012 CAPER; and c) direct the City Manager or his
designee to submit the Program Year 2011 -2012 CAPER to HUD.
XVII. CURRENT BUSINESS
18. MODEL LEASE TEMPLATE AND COMMERCIAL MARINAS AND MARINA INDEX. Adopt
Resolution No. 2012 -86, approving a model lease template for commercial marinas located
upon City administered tidelands.
19. CITY HALL COMPLEX RE -USE (PA2012 -031) — 3300 NEWPORT BOULEVARD .475 32ND
STREET. a) Review information provided; b) receive public comments; and c) direct staff to
include the following limits within the proposed General Plan Amendment: 1) Up to 99
residential units and 15,000 square feet of retail use; or 2) Up to 99,675 square feet of hotel
use; or 3) Any combination of residential units and hotel provided it does not exceed 99 units or
99,675 square feet of hotel use.
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THROUGH AMENDMENT OF THE CONTRACT WITH THE CALIFORNIA PUBLIC
EMPLOYEES RETIREMENT SYSTEM (CALPERS); AND ADOPTION OF A DEFINED
CONTRIBUTION PLAN WITH THE PUBLIC AGENCY RETIREMENT SYSTEM (PARS).
a) Adopt Resolution No. 2012 -87 relating to the City's intention to approve an amendment to the
contract between the Board of Administration, California Public Employees' Retirement System
(PERS) and the Newport Beach City Council to authorize the following second tier retirement
formulae: 3 % @55 for Police; 2 % @50 for Fire; 2 % @50 for Other Safety (Lifeguards); and
2 % @60 for Miscellaneous members; b) introduce Ordinance No. 2012 -22 relating to PERS
contract amendment and pass to 2nd reading on October 23, 2012; and c) adopt Resolution
No. 2012 -88 implementing a qualified Defined Contribution Plan with the PARS.
21. FURTHER DIRECTION SOUGHT — PADDLEBOARDS, NON - EMERGENCY FLYOVERS,
ENCROACHMENTS. a) Should Harbor Resources staff and /or the Harbor Commission pursue
regulations or education efforts regarding Stand -Up Paddleboarding in the Harbor ?; b) Should
the City pursue an amendment to the Municipal Code that requests that the military provide
notice of any non - emergency flyover in the community ?; and c) Should the City staff proceed
with a formal process to analyze various private encroachments onto public lands or public
rights -of -way, such as in Santa Ana Heights, Newport Shores, and more?
XVIII. 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.
XIX. ADJOURNMENT - In memory of Sarah Leaf and Catherine Campion Ritz, M.D.
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