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Home My WebLink About0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, APRIL 12, 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 APRIL 12, 2011 I. 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. Porto It CNB, USDC Case No. SACV11 -00180 JVS 2. Interinsurance Exchange of AAA v CNB, OCSC Case No. 30- 2011- 00458025 3. Padgett v CNB, OCSC Case No. 30- 2009 - 002991291 B. Conference with Legal Counsel — Anticipated Litigation — Initiation Of Litigation (Government Code & 54956.9(c)): One matter: Potential initiation of litigation against Puna McLlwain aka Punahele Aikala McLlwain and Steve McLlwain of 443 Harbor Drive C. 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 Vl. CLOSED SESSION REPORT (if applicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION IX. PRESENTATIONS Newport Beach Fire Department Centennial Celebration 1911 -2011 Proclamation Designating April 30, 2011 as Donate Life Run /Walk Mayor -athon National Library Week Presentation 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. 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 STUDY SESSION AND REGULAR MEETINGS OF MARCH 22, 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. RESOLUTION FOR ADOPTION 3. RESOLUTION SUPPORTING AN ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) MEASURE M2 ENVIRONMENTAL CLEANUP, TIER 1, GRANT PROGRAM. Adopt Resolution No. 2011 -28 authorizing and supporting the submission of grant applications for the OCTA Measure M2, Environmental Cleanup, Tier 1, grant program. C. CONTRACTS AND AGREEMENTS 4. CENTRAL BALBOA PAVEMENT REHABILITATION — PHASE 1 — AWARD OF CONTRACT NO. 4453. a) Approve the project drawings and specifications; b) award Contract No. 4453 to Nobest Inc. ( Nobest) for the total bid price of $448,000, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $112,000 (25 %) to cover the cost of unforeseen work and anticipated additional concrete street pavement not included in the original contract; and d) approve Budget Amendment No. 11 BA -041 transferring $55,520 from 7531- C2002038 (San Miguel Street Improvements) to 7531- C2002041 (Central Balboa Pavement Rehabilitation) and $2,300 from 7511- C2002038 (San Miguel Street Improvements to 7511- C2002041 (Central Balboa Pavement Rehabilitation). 5. FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR, QEA, L.P. FOR AGENCY COORDINATION AND CONSTRUCTION MANAGEMENT SERVICES FOR THE RHINE CHANNEL DREDGING PROJECT. a) Approve the Fourth Amendment to the Professional Services Agreement with Anchor, QEA, L.P. for agency coordination and construction management services for the Rhine Channel Project; and b) if the State Lands Commission does not object to this proposed expenditure, approve Budget Amendment No. 11 BA -39a appropriating $624,964 from un- appropriated Tidelands Fund to 7231- C4402004 OR if the State Lands Commission does object to this proposed expenditure, approve Budget Amendment No. 11 BA -39b appropriating $624,964 from un- appropriated General Fund (010 -3605) to 7014 - C4402004. In the event of an objection, City staff will work with the State Lands Commission to address their concerns and seek approval of the proposed expenditure and authorization to reimburse the General Fund from the Tidelands Fund, 6. APPROVAL OF EMPLOYMENT AGREEMENT FOR CITY MANAGER. a) Approve the Employment Agreement with David Kiff effective April 12, 2011 ( "City Manager Employment Agreement "); and adopt Resolution No. 2011 -29 approving and authorizing the Mayor to execute the City Manager Employment Agreement. APPROVAL OF EMPLOYMENT AGREEMENT FOR CITY CLERK. a) Approve the Employment Agreement with Leilani Brown effective April 12, 2011 ( "City Clerk Employment Agreement "); and adopt Resolution No. 2011 -30 approving and authorizing the Mayor to execute the City Clerk Employment Agreement. D. MISCELLANEOUS 8. PLANNING COMMISSION AGENDA FOR APRIL 7, 2011. Receive and file written report. 9. BUDGET AMENDMENT TO APPROPRIATE EXPENDITURES AND REVENUES FOR OASIS SENIOR CENTER CONTRACT CLASSES. Approve Budget Amendment No. 11 BA -038 to increase Revenue Account 4410 -5474 by $133,155 and Expenditure Account 4410 -8080 by $93,209. 10. REPLACEMENT OF MOBILE DATA COMPUTERS (MDC) IN POLICE PATROL VEHICLE FLEET. a) Approve a total expenditure of $193,850.35 to replace the MDCs currently assigned to the Police Department's patrol vehicle fleet; b) approve the sole- source purchase of the replacement MDCs from Datalux Corporation; and c) approve Budget Amendment No. 11 BA -040 appropriating $193,850.35 from the Police Department's Internal Service Fund unappropriated fund balance to the Police Vehicle Equipment Account, 6150- 9300. This expenditure includes the equipment ($177,444), all sales taxes ($15,326.35), and shipping and delivery costs ($1,080). 11. AUTHORIZATION TO UPGRADE OFFICE ASSISTANT POSITION TO DEPARTMENT ASSISTANT POSITION WITHIN THE OFFICE OF THE CITY ATTORNEY. Authorize upgrade of Office Assistant position to Department Assistant position within the Office of the City Attorney. 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 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. CURRENT BUSINESS 12. RESOLUTION NO. 2011 -31: CHANGING THE MEMBERSHIP AND RESPONSIBILITIES OF THE AVIATION COMMITTEE. Adopt Resolution No. 2011 -31 relating to the Membership and Responsibilities of the Aviation Committee. 13. RESOLUTION NO. 2011 -32: AMENDING THE SPECIAL EVENTS ADVISORY COMMITTEE'S STRUCTURE AND DUTIES. Adopt Resolution No. 2011 -32 amending the structure and duties of the Special Events Advisory Committee. XVII. 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. XVIII. ADJOURNMENT