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HomeMy WebLinkAbout00 - Regular AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, NOVEMBER 27, 2012 CITY COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD CLOSED SESSION - 6:00 P.M. REGULAR MEETING - 7:00 P.M. NANCY GARDNER Mayor KEITH D. CURRY Mayor Pro Tern STEVEN ROSANSKY Council Member LESLIE J. DAIGLE Council Member 1 V A A 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: hftp: / /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 OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD NOVEMBER 27, 2012 Closed Session - 6:00 p.m. Regular Meeting - 7:00 p.m. STUDY SESSION — Cancelled II. ROLL CALL — 6:00 p.m. III. PUBLIC COMMENTS Public comments are invited on Closed Session Agenda items, as reflected in Item II - Closed Session of the Regular Meeting agenda, and on non - agenda items generally considered to be within the subject matter jurisdiction of the Council. Speakers must limit comments to five (5) minutes. Before speaking, please state your name for the record. IV. CLOSED SESSION — 6:00 p.m. A. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — INITIATION OF LITIGATION (Government Code § 54956.9(c): 1 potential case B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) 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) V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE X. INVOCATION — Melinda Blackman, Harbor Christian Church 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. XI. PRESENTATION Presentation of Cultural Arts Grant Checks 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. 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. XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM XIV. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 22) 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 andlor 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 MINUTES FOR THE NOVEMBER 13, 2012 STUDY SESSION AND 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. RESOLUTIONS FOR ADOPTION 3. APPROVAL OF MEASURE M2 EXPENDITURE REPORT. Adopt Resolution No. 2012 -103 approving the M2 Expenditure Report, substantially to form, subject to technical revisions in conformance with the Orange County Transportation Authority (OCTA) guidelines. 4. REIMBURSEMENT RESOLUTIONS FOR MARINA PARK, SUNSET RIDGE PARK, AND 1499 MONROVIA EXPENDITURES. a) Adopt Resolution No. 2012 -104 that would allow the City to reimburse itself for project costs incurred prior to debt issuance for the Marina Park project; b) adopt Resolution No. 2012 -105 that would allow the City to reimburse itself for project costs incurred prior to debt issuance for the Sunset Ridge Park project; and c) adopt Resolution No. 2012 -106 that would allow the City to reimburse itself for project costs incurred prior to debt issuances for the acquisition of the property at 1499 Monrovia. 5. CALRECYCLE RUBBERIZED PAVEMENT (TRP) GRANT AUTHORIZATION. Adopt Resolution No. 2012 -107 authorizing the Public Works Director to act as the "Authorized Agent" to execute for and on behalf of the City any grant documents, including but not limited to, applications, agreements, amendments and request for payment, necessary to secure grant funds and implement the approved CalRecycle grant project. 6. AUTHORITY TO PROVIDE DATA FOR SALES AND USE TAX ANALYSIS AND RECOVERY OF REVENUE. Adopt Resolution No. 2012 -108 authorizing Hinderliter, de Limas & Associates HdL access to confidential taxpayer records. C. CONTRACTS AND AGREEMENTS 15TH STREET ROAD REHABILITATION PROJECT — OLD NEWPORT BOULEVARD TO REDLANDS AVENUE — NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5077. 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 applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 8. JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 — NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3724. 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 applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 9. 2012 -13 STREETLIGHT IMPROVEMENT PROJECT — AWARD OF CONTRACT NO. 5193. a) Approve the project plans and specifications; b) approve Pro Tech Engineering's request to withdraw its bid; c) award Contract No. 5193 to Rakan, Inc. for the total bid price, including additive bid items, of $133,780 and authorize the Mayor and the City Clerk to execute the contract; and d) establish a contingency of $14,000, approximately 10 percent, to cover the cost of unforeseen work. 10. CONTRACTING OUT REPROGRAPHIC SERVICES; APPROVAL OF OFFICE DEPOT AGREEMENT. a) Authorize the Mayor and City Clerk to execute a 3 -year contract with Office Depot to provide reprographic services for all work performed not to exceed $600,000 without prior authorization from the City; b) direct the City Manager to amend position control by a reduction of 2.0 FTE's; and c) authorize the City Manager to redistribute budget from a centralized cost center (Finance Department) to individual department budgets. 11. AMENDMENT NO. ONE TO AGREEMENT WITH SAMPSON OIL COMPANY FOR ADDITIONAL SERVICES TO MANAGE AND OPERATE THE CITY'S OIL FIELDS. Authorize the Mayor and City Clerk to enter into Amendment No. One to Professional Services Agreement with Sampson Oil Company to provide additional management and operations services for the City's oil fields. 12. TRAFFIC SIGNAL MAINTENANCE - APPROVAL OF MAINTENANCE AGREEMENT WITH SIEMENS INDUSTRY, INC. a) Approve a Professional Services Agreement with Siemens Industry, Inc. of Anaheim for annual maintenance of the City's traffic signal equipment for a not -to- exceed price of $280,000 per year (the initial term of the agreement shall be for a period of one year with the option to extend the agreement for an additional four years); b) authorize the Public Works Director to extend the maintenance agreement annually up to a total of five years upon successful completion of an annual review; and c) authorize the Mayor and City Clerk to execute the agreement. 13. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC., FOR TRAFFIC SIGNAL MODERNIZATION PROJECT — SAN JOAQUIN HILLS ROAD (PHASE 6A) AND NEWPORT COAST DRIVE (PHASE 613). Approve a single source Professional Services Agreement with Iteris, Inc. of Santa Ana for design of San Joaquin Hills Road (Phase 6A) and Newport Coast Drive (Phase 6B) of the Traffic Signal Modernization Project at a not to exceed price of $387,305 and authorize the Mayor and City Clerk to execute the Agreement. 14. APPROVE A COOPERATIVE AGREEMENT WITH THE CITY OF IRVINE FOR THE FORD ROAD AND UNIVERSITY DRIVE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT. a) Approve the Cooperative Agreement with the City of Irvine for engineering, construction, and implementation of the Culver Drive - Bonita Canyon Drive - Ford Road and Jeffrey Road - University Drive TSSP projects; and b) authorize the Director of Public Works to approve future Cooperative Agreements for joint OCTA Measure M2 Regional Traffic Signal Synchronization Program TSSP projects. 15. ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) AMENDMENT NO. 15 TO COOPERATIVE AGREEMENT NO. C -95 -985. Approve Amendment No. 15 to Cooperative Agreement No. C -95 -985 between the OCTA and the City of Newport Beach, and authorize the Mayor and City Clerk to execute the Amendment. 16. ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) COOPERATIVE AGREEMENT C -2 -1842 FOR PROPOSITION 1B STATE -LOCAL PARTNERSHIP PROGRAM FUNDING FOR BALBOA BOULEVARD AND CHANNEL ROAD PAVEMENT RECONSTRUCTION. Approve Cooperative Agreement C -2 -1842 with OCTA for State -Local Partnership Program funding for Balboa Boulevard and Channel Road Pavement Reconstruction project, and authorize the Mayor and City Clerk to execute the agreement. I :ZSI7_1X61 [ Z4] a*'b1 Is] I/_ 111111111111M:IA N :7g4'd:1O1M79111 ff. <0C *1 CORPORATION TO DEVELOP A FEASIBLE DESIGN CONCEPT FOR SEAWALLS ON BALBOA ISLAND AND LITTLE BALBOA ISLAND. Approve Professional Services Agreement with URS Corporation (URS) of Long Beach, California, at a cost not to exceed $222,800, and authorize the Mayor and City Clerk to execute the agreement. 18. RECEIVE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) REIMBURSEMENT FOR STORM RELATED WORK AT NEWPORT BEACH CIVIC CENTER. Approve Budget Amendment No. 13BA -022 transferring funds received into the General Fund from FEMA in FY 12 to the Civic Center Fund in FY 13 and appropriating $127,030 to 7410- C1002030 for storm related emergency repairs made to the Civic Center site. 19. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ANDERSON PENNA FOR CIVIC CENTER PLAN CHECK AND INSPECTION SERVICES. a) Authorize the City Manager and City Attorney to execute an amendment to the PSA with Anderson Perna, increasing the original contract by $205,805.90 to a revised cost not to exceed $1,296,645.90; and b) approve Budget Amendment No. 13BA -023 appropriating $205,805.90 from the Facilities Replacement fund to Account No. 7410- C1002031. D. MISCELLANEOUS 20. QUARTERLY BUSINESS REPORT (QBR) — JULY THROUGH SEPTEMBER 2012. Receive and file. 21. FIRE DEPARTMENT TIMECARD SOFTWARE ACQUISITION. Approve Budget Amendment No. 13BA -021 in the amount of $104,026 from the Information Technology Strategic Fund unappropriated fund balance to expenditure account 6420 -9315. 22. NON - HABITABLE USE COVENANT APPLICABLE TO BLOCK 100 NEWPORT CENTER DRIVE AND SAN JOAQUIN HILLS PLAZA WITHIN THE NEWPORT CENTER PLANNED COMMUNITY. a) Find the requirement for environmental review pursuant to the California Environmental Quality Act (CEQA) is satisfied by the prior certification of the Final Environmental Impact Report for the 2006 General Plan Update (SCH No. 2006011119) including Addendum Nos. 1 and 2; and b) authorize the Community Development Director to sign a covenant on behalf of the City regarding the restriction and use of building area within the North Newport Center Planned Community (NNCPC), specifically Block 100 and San Joaquin Hills Plaza. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XV. ITEMS REMOVED FROM THE CONSENT CALENDAR XVI. 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. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVIII. PUBLIC HEARINGS 23. VACATION OF A PORTION OF AN EXISTING ALLEY AT 3900 EAST COAST HIGHWAY. a) Conduct a public hearing and close the public hearing for the vacation of a portion of an existing alley; and b) if desired, adopt Resolution No. 2012 -109 ordering the vacation of a portion of an existing alley, direct staff to process the vacation of said alley, and direct the City Clerk to have Resolution No. 2012 -109 recorded by the Orange County Recorder. 24. EMERSON ISLAND ANNEXATION LOCATED AT THE NORTHEAST CORNER OF TUSTIN AVENUE AND EMERSON STREET (PA2012 -034). a) Conduct a public hearing; b) adopt Resolution No. 2012 -110 approving General Plan Amendment No. GP2012 -001; c) introduce Ordinance No. 2012 -23 approving Zoning Code Amendment No. CA2012 -002, and pass to a second reading on January 8, 2013; d) adopt Resolution No. 2012 -111 requesting the Local Agency Formation Commission (LAFCO) to initiate proceedings for the annexation; and e) adopt Resolution No. 2012 -112 approving a property tax exchange agreement with the County of Orange. 25. FARALLON -CIVIC CENTER DRIVE STREET RENAMING. a) Conduct a public hearing; and b) adopt Resolution No. 2012 -113 approving the name change from Farallon Drive to Civic Center Drive and finding that the action is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. XIX. CURRENT BUSINESS 26. AMENDMENTS TO VARIOUS CITY COMMITTEES AND CITY COUNCIL POLICY A -6 (OPEN MEETING POLICIES). a) Adopt Resolution No. 2012 -114 extending the term of the City Council Committee on Tidelands Management; b) adopt Resolution No. 2012 -115 amending the 5 Coastal /Bay Water Quality Advisory Committee and reestablishing it as the Water Quality /Coastal Tidelands Management Committee; c) adopt Resolution No. 2012 -116 amending the Environmental Quality Affairs Citizens Advisory Committee and reestablishing it as the Environmental Quality Affairs Committee; d) adopt Resolution No. 2012 -117 disestablishing the Special Events Advisory Committee; and e) adopt Resolution No. 2012 -118 amending City Council Policy A -6 (Open Meeting Policies). 27. STUDY OF CITY REFUSE COLLECTION SERVICES. Municipal Operations staff recommends that the City Council receive the Residential Solid Waste and Recycling Study ( "Study ") and direct staff to: a) continue refuse collection services as currently provided and file the Study or b) negotiate a contract with HF &H Consultants, LLC, (Consultant) to develop a Request for Proposal (RFP) to solicit proposals from private companies for providing this service. 28. REVIEW AND APPROVE FIVE -YEAR TIDELANDS CAPITAL PLAN FOR NEWPORT HARBOR. Approve the Five -Year Tidelands Capital Plan as a guide for harbor projects in the coming years, recognizing that the Plan may change as needed each year upon subsequent reviews. 29. APPROVE HARBOR COMMISSION OBJECTIVES FOR FY2012 -13. Approve the Harbor Commission's FY2012 -13 objectives. 30. REQUEST TO CONSTRUCT NON - STANDARD PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT -OF -WAY AT 1001 MARINERS DRIVE. a) Waive Council Policy L -6, "Private Encroachments in the Public Rights -of- Way," to allow a six -foot tall vinyl fence and appurtenances and planter walls of varying height up to 36 inches to encroach in excess of one foot into the existing storm drain easement, contingent upon all conditions of the Encroachment Permit process being met; and b) direct staff to enter into an Encroachment Agreement with The Cherry Family Trust, and authorize the City Manager and City Clerk to execute the Encroachment Agreement. XX. 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. XXI. ADJOURNMENT — City Council Study Sessions and Regular Meetings will be held in the new City Council Chambers located at 100 Civic Center Drive, Newport Beach (address pending approval of Item No. 25), beginning Tuesday, December 11, 2012.