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Home My WebLink About0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, FEBRUARY 22, 2011, AT 7:00 P.M. COUNCIL CHAMBERS 3300 NEWPORT BOULEVARD MICHAEL F. HENN Mayor NANCY GARDNER STEVEN ROSANSKY Mayor Pro Tern Council Member RUSH N. HILL, II Council Member EDWARD D. SELICH Council Member LESLIE J. DAIGLE Council Member KEITH D. CURRY Council Member DAVE KIFF — City Manager DAVID HUNT —City Attorney LEILANI BROWN — City Clerk DANA SMITH — Assistant City Manager STEPHEN BADUM — 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 HEARING: 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 OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD FEBRUARY 22, 2011 STUDY SESSION — 4:00 p.m. II. CLOSED SESSION — After Study Session — Council Chambers Conference Room A. Conference with Legal Counsel — Existing Litigation (Government Code S 54956.9(a)): Three matters: 1. Pacific Shores vs. City of Newport Beach USDC Case No. SACV 08 -00457 AG (PLAx) 2. Newport Coast Recovery vs. City of Newport Beach, USDC Case No. SACV 09 -0701 DOC (ANx) 3. Banning Ranch Conservancy v. City of Newport Beach, Orange County Superior Court Case No. 30- 2010 - 00365758 B. Conference with Legal Counsel — Anticipated Litigation — Exposure to Litigation (Government Code 6 54956.9(b)): One matter: 1. Potential exposure to litigation from allegations that the Morningside Zoning Agreement was not properly adopted under state law. C. Conference with Legal Counsel — Anticipated Litigation — Initiation of Litigation (Government Code 6 54956.9(c)): One matter: 1. Potential initiation of litigation against Puna McLlwain aka Punahele Aikala Mcllwain aka Steve Mcllwain 443 Harbor Drive. D. Conference with Real Property Negotiator (Government Code 6 54956.8): One matter: Property: Marina Park Mobile Home Park, 1770 W. Balboa Blvd., Newport Beach City Negotiator: Dave Webb, City Engineer Negotiating Parties: Curtis Fossum State Lands Commission Under Negotiation: Resolution of boundary between Tidelands and Uplands E. Public Employee Performance Evaluation (Government Code 6 54957(b)(1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of two public employees. Titles: City Manager and City Clerk III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT (if applicable) 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. VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Pastor Bradley Stienstra, Newport Harbor Lutheran Church IX. PRESENTATION Presentation from MADD (Mothers Against Drunk Driving) Orange County Chapter 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 Council. Speakers must limit comments to five (5) minutes on agenda items. The 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 - 11) are considered by the Council to be routine and will all be enacted by one motion in the form listed below. The City 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 Council votes on the motion unless members of the 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 MINUTES FOR THE SPECIAL MEETING OF FEBRUARY 5, 2011, SPECIAL MEETING OF FEBRUARY 8, 2011, AND STUDY SESSION AND REGULAR MEETINGS OF FEBRUARY 8, 2011. 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 City Clerk to read by title only. B. RESOLUTIONS FOR ADOPTION 3. APPROVAL OF FISCAL YEAR 2010 URBAN AREA SECURITY INITIATIVE (UASI) GRANT PROGRAM TRANSFER AGREEMENT. a) Adopt Resolution No. 2011 -19 approving the Transfer Agreement for Fiscal Year 2010 Urban Area Security Initiative (UASI) Grant Program purposes ( "Transfer Agreement') and b) authorize the City Manager and Emergency Services Coordinator to act as the "Authorized Agents' to execute for, and on behalf of, the City any actions necessary to implement the Transfer Agreement and obtain federal financial assistance provided by the federal Department of Homeland Security and sub - granted through the State of California Emergency Management Agency. 4. CITY INSURANCE RENEWALS. a) Approve the renewal of the following insurances: excess general liability, pollution liability, excess workers compensation and property insurance coverage for an amount not to exceed $1,910,441 in total premium from the Insurance Reserve Funds. The term of these programs are for a sixteen (16) month policy period, March 1, 2011, through June 30, 2012, for the general liability; workers compensation, property coverage, and pollution liability coverage for forty (40) months to align with the City's fiscal year; and b) approve the recommended Excess Workers Compensation quote with CSAC — EIA (County Supervisors Association of California — Excess Insurance Authority), a pooled and joint purchase program that requires a Council Resolution (Resolution No. 2011 -20) authorizing membership and delegating a staff position. C. CONTRACTS AND AGREEMENTS 5. AVON STREET, TUSTIN AVENUE AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVERNVESTCLIFF STREET REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4091. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) authorize the City Clerk to release the Labor and Materials Bond 35 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. 6. TRAFFIC SIGNAL MAINTENANCE AGREEMENT — APPROVAL OF AMENDMENT NO. 1 TO SERVICE AGREEMENT WITH REPUBLIC ITS, INC. a) Approve Amendment No. 1 to the Service Agreement with Republic Intelligent Transportation Services, Inc. (Republic ITS) of Novato, amending the following terms: a) increase the annual contract compensation cap from $210,000 to a fee not to exceed $280,000; b) increase the number of maintained traffic signals from 112 to 117; and c) change the term of the agreement from an annual conclusion date of April 10th to the fiscal year end date of June 301h for the remainder of the five year term for accounting purposes. EMERGENCY REPAIR OF THE BACK BAY TRAIL AT JAMBOREE ROAD. a) Approve Budget Amendment No. 11BA -033 recognizing new revenue from the California Emergency Management Agency and FEMA, and appropriating $103,588 to 7014- C2502008 and transferring $6,612 in project savings from 7013- C5200932 (Coast Highway Median Improvements Phase 2) to 7014- C2502008 to make emergency repairs to the Back Bay Trail at Jamboree Road; and b) approve entering into an informal contract with GCI construction Inc. for up to $110,200 to provide the necessary repairs consistent with the newly approved Charter limit of $120,000 for informal contracts, and authorize the Mayor and the City Clerk to execute the contract. D. MISCELLANEOUS 8. PLANNING COMMISSION AGENDA FOR FEBRUARY 17, 2011. Receive and file written report. 9. BIG CANYON RESERVOIR FLOATING COVER REPAIRS. Approve Budget Amendment No. 11BA -030 transferring $120,000 from the unappropriated Water Enterprise Fund Reserve to Maintenance and Repair Account No. 5500 -8156 ($85,000) and Professional and Technical Services Account No. 5500 -8080 ($35,000). 10. NEWPORT CENTER TRANSPORTATION IMPROVEMENT PROGRAM AGREEMENT. Approve and execute the Newport Center Transportation Improvement Program Agreement. 11. APPOINTMENT BY THE MAYOR TO THE LEAGUE OF CALIFORNIA CITIES (LCC). Confirm the Mayor's appointment of Council Member Leslie Daigle to the League of California Cities (LCC). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XV. PUBLIC HEARING 12. PROFESSIONAL REAL ESTATE SERVICES, INC. (PRES, Inc.) OFFICE BUILDING B (PA2007 -213) — 4300 VON KARMAN AVENUE — GENERAL PLAN AMENDMENT NO. GP2007 -009; PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2007 -006; TENTATIVE PARCEL MAP NO. NP2010 -005 (COUNTY TMP NO. 2008- 123). a) Conduct a public hearing; b) adopt Resolution No. 2011 -21 documenting the following City Council actions: 1) adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program; 2) approve General Plan Amendment No. GP2007 -009; 3) approve Planned Community Development Plan Amendment No. PD2007 -006; 4) approve Tentative Parcel Map No. NP2010 -006, subject to findings and conditions; 5) approve the requested exceptions to the Koll Center Newport Planned Community General Development standards relative to minimum site area and off - street parking requirements; and 6) waive the requirement for a Development Agreement; and c) introduce Ordinance No. 2011 -8 approving Planned Community Development Plan Amendment No. PD2007 -006, and pass to a second reading for adoption on March 8, 2011. XVI. CONTINUED BUSINESS 13. ADOPTION OF RESOLUTION NO. 2011 -22 AMENDING COUNCIL MEETING POLICIES A -6 AND A -10 GOVERNING OPEN MEETING PROCEDURES. Review and approve policies as updated per direction given at the February 8, 2011 Study Session, making final determination on length of public testimony on agendized items, through the adoption of Resolution No. 2011- 22. XVII. CURRENT BUSINESS 14. RONALD REAGAN CENTENNIAL MEMORIAL. Give staff direction on how to proceed regarding the Ronald Reagan Memorial. 15. RESOLUTION NO. 2011 -23 RELATING TO COUNCIL GOALS 2011; REVIEW OF COMMITTEE RESPONSIBILITIES. a) Consider the proposed work plan summaries for the Council's 2011 Goals and offer guidance to staff in implementing them; b) adopt Resolution No. 2011 -23 adopting the Council's 2011 Goals; and c) if appropriate, direct staff to return to Council with proposed changes to the City's committee structure as the committees relate to the adopted 2011 Council Goals. 16. NEWPORT BEACH CIVIC CENTER PROJECT: CITY HALL OFFICE BUILDING, CENTRAL LIBRARY EXPANSION, AND PARKS, GUARANTEED MAXIMUM PRICE (GMP), PHASE THREE. a) Approve an amendment to the Construction Manager At Risk Contract with C.W. Driver, Irvine, California, amending the Guaranteed Maximum Price (GMP) to add the construction of the City Hall Office Building, Central Library Expansion, Parks, and miscellaneous items of work (GMP #3) for the Newport Beach Civic Center project at a not -to- exceed price of $84,618,848 and authorize the Mayor and City Clerk to execute the contract; b) establish a budget of approx. 2% of GMP #3 ($1,600,000) as the City's contingency for unforeseen costs and authorize the Public Works Director and City Manager execute change orders upon concurrence by the City Council Building Committee; c) approve a Professional Services Agreement with Anderson -Penna of Laguna Beach, California, for Building Inspection, Construction Phase Plan Review Services, and Building Official Services at a not -to- exceed fee of $1,090,840, and authorize the Mayor and City Clerk to execute the Agreement; d) approve the Insurance Program Agreement between Old Republic General Insurance Corporation and the City and authorize the City Manager to execute and approve documents in furtherance of the Insurance Program Agreement that have been approved as to form by the City Attorney including a letter or credit as security for the City's obligations under the agreement; e) approve Budget Amendment No. 11 BA- appropriating $xxxxxxxx from the Facilities Financing Plan Fund to Newport Beach Civic Center Project Account No. 7410- C1002009; and f) if desired, authorize the inclusion of the San Miguel Pedestrian Bridge, $2,000,000 and /or the photovoltaic panels on the City Hall Office Building ($750,000) within GMP #3. 17. DISSOLUTION OF AIRBORNE LAW ENFORCEMENT (ABLE) SERVICES. a) Direct staff to take the necessary administrative steps to complete this action; and b) provide any direction to staff related to the City formally encouraging the creation of a regional air support program and /or research other air support options. XVIII. PUBLIC COMMENTS 1:11: Public comments are invited on non - agenda items generally considered to be within the subject matter jurisdiction of the Council. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. 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 — In memory of Frances Anita Snider