HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
REGULAR CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 11, 2012
CITY COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD
7:00 P.M.
NANCY GARDNER
Mayor
KEITH D. CURRY
Mayor Pro Tern � A
STEVEN ROSANSKY
Council Member `�
LESLIE J. DAIGLE wil I
Council Member
NOTICE TO THE PUBLIC
o�
MICHAEL F. HENN
Council Member
RUSH N. HILL, II
AA
Council Member
-A EDWARD D. SELICH
Council Member
DAVE KIFF - City Manager
AARON HARP - City Attorney
LEILANI BROWN - City Clerk A.
STEPHEN BADUM - Assistant City Manager
DAVE WEBB - Public Works Director
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.
III.
IV.
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VI.
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD
SEPTEMBER 11, 2012
Regular Meeting
7:00 p.m.
STUDY SESSION — 4:00 p.m.
CLOSED SESSION — After Study Session - Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION INITIATION OF LITIGATION
(Government Code § 54956.9(c)): 1 matter
B. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE
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)).
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter
Property:
1499 Monrovia Ave., Newport Beach, CA
Agency negotiator:
Dave Kiff
Negotiating parties:
Kenneth Kaplan
Under negotiation:
Instruction to negotiator will concern price and terms of payment
D. 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); Newport Beach Professional and Technical Association (NBPTEA)
RECESS
RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
CLOSED SESSION REPORT
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 — Reverend Robert Ross, Newport Universalist Society
IX. PRESENTATION
World Alzheimer's Month
Presentation of Plaques to Outgoing Board and Commission Members
Proclamation to Lifeguard Tumua Anae 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 - 21) 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
MINUTES FOR THE AUGUST 14, 2012 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. DELEGATION OF AUTHORITY TO REQUEST DISBURSEMENTS. Adopt Resolution
No. 2012 -77, authorizing the ability to request employer disbursements from the
California Employer's Retiree Benefit Trust (CERBT) Program.
4. LABOR AGREEMENT: NEWPORT BEACH POLICE MANAGEMENT AND SIDE
LETTER AUTHORIZATION — WORK SCHEDULES. a) Authorize Mayor Gardner to
execute a Memorandum of Understanding (MOU) with the Newport Beach Police
Management Association (NBPMA); b) adopt Resolution No. 2012 -78 relating to PERS
and ending reporting of Employer -Paid Member Contributions (EPMC) over time for the
NBPMA; and c) designate the City Manager as the authorized representative to execute
subsequent written agreements regarding Work Schedules for NBPMA.
C. CONTRACTS AND AGREEMENTS
5. BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS — NOTICE OF
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4301. 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 the applicable portions of the Civil
Code; and c) release the Faith Performance Bond one year after Council acceptance.
6. VARIOUS STORM DRAIN IMPROVEMENTS — NOTICE OF COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 4966, 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 the applicable portions of the Civil Code; and c) release
the Faith Performance Bond one year after Council acceptance.
7. FASHION ISLAND AREA STREETS OVERLAY AND SLURRY — NOTICE OF
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4813. 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 the applicable portions of the Civil
Code; and c) release the Faith Performance Bond one year after Council acceptance.
8. OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE — AWARD
OF CONTRACT NO. 3912. a) Approve the project drawings and specifications;
b) award Contract No. 3912 to D.J. Scheffler, Inc., for the total bid price of $391,125.00,
and authorize the Mayor and City Clerk to execute the Contract; c) establish a
contingency of $58,000 (15 %) to cover the cost of unforeseen work not included in the
original contract; and d) approve Budget Amendment No. 13BA -010 transferring
$175,000.00 from the Sidewalk, Curb and Gutter Program CIP Account
No. 7013- C2001009 to the China Cove Slope Repair Account No. 7014- C8002008.
9. NEWPORT COAST MONUMENT SIGNS CONCEPT SELECTION — CONTRACT
NO. 5218. a) Review the three Gateway Entry Monument Sign Concepts: 1) The
Traditional City Gateway Sign with no Specific Area or Village Name (Option #1),
2) The Traditional City Gateway Sign with "Newport Coast" called out (Option #2), and
3) An Alternative Gateway Sign design with "Newport Coast" called out (Option #3), and
provide staff with direction on which Gateway Entry Monument Sign to use on Newport
Coast Drive near, but South of the 73 Freeway; and Pacific Coast Highway East of Reef
Point Drive; and b) approve the selected sign concept plans and locations and direct
staff to have Bravo Sign & Design, the City's on -call contract Gateway Sign contractor,
fabricate and install the two new Gateway Monument Signs approved in
Recommendation "a" OR c) reject all Concept Drawing Options and provide staff
direction on how to proceed.
10. APPROVAL OF AMENDMENT NO. 1 TO THE ON -CALL PROFESSIONAL
SERVICES AGREEMENT WITH SOCAL WALDEN, INC. Approve Amendment No. 1
to the January 26, 2012 On -Call Professional Services Agreement with SoCal Walden,
Inc., dba Walden & Associates ( "Walden & Associates ") to increase the contract limit to
$300,000 for continuing on -call engineering and surveying services, and authorize the
Mayor and City Clerk to execute the Professional Services Agreement.
11. SPONSORSHIP REQUEST FROM
Mayor to execute a sponsorship
"Producing Sponsor."
D. MISCELLANEOUS
BALBOA THEATER FOUNDATION. Authorize the
agreement with the Foundation for $20,000 as a
12. PLANNING COMMISSION AGENDA REPORT FOR AUGUST 23, 2012; AND
PLANNING COMMISSION STUDY SESSION AND REGULAR MEETING AGENDAS
FOR SEPTEMBER 6, 2012. Receive and file.
13. REQUEST TO RETAIN EXISTING NON - STANDARD PRIVATE IMPROVEMENTS
WITHIN THE PUBLIC RIGHT -OF -WAY AT 221 SANTA ANA AVENUE. Waive
Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow an
existing raised planter to encroach up to 7 feet at 221 Santa Ana Avenue, contingent
upon all conditions of the Encroachment Permit process being met.
14 19T" STREET BRIDGE TRAFFIC STUDY UPDATE. Receive and file status report for
the 19`h Street Bridge Traffic Study.
15. FISCAL YEAR 2011 -12 CONTRACT REPORTING. Receive and file report and provide
input as desired
16. ORANGE COUNTY REAL ESTATE FRAUD PROSECUTION TRUST FUND AWARD.
a) Authorize the City Council to accept a $25,000 award granted to the Police
Department by the Orange County Real Estate Fraud Prosecution Trust Fund per
Council Policies F -3 and F -25. Therefore, to comply with Council Policy F -3, City
Council must formally accept the award of $25,000 and create a new appropriation to
expend the money; b) approve Budget Amendment No. 13BA -008 increasing revenue
appropriations by $25,000 in 1820489E; and c) per the award letter, carry -over
unspent funds for Fiscal Year 2011 -2012.
17. PREVAILING WAGE EXEMPTION. Adopt Resolution No. 2012 -79, exempting locally
funded public works projects from prevailing wage.
18. SANTA ANA HEIGHTS MULTI -USE TRAIL IMPROVEMENTS. a) Find that the
completion of the current undergrounding project, with the recommended safety trail
improvements that are fundable within the undergrounding project, are appropriate and
address the trail needs of the community; and b) find that no further trail construction
will be commenced until the City Council funds the additional work and directs staff to
complete additional construction.
19. CHANGES TO THE MANAGEMENT TEAM. a) Amend position control by: 1) adding
the position of Deputy City Manager, at a salary range of $151,417 to $184,425
annually; 2) adding the position of Information Technology Manager at a salary range of
$120,016 to $145,891 annually; and 3) deleting the position of Chief Information Officer
from the Information Technology Internal Services Fund; and b) receive and file the City
Manager's department head appointments to the Management Team.
20. SALARY AND BENEFITS FOR SELECTED PART -TIME CLASSIFICATIONS.
a) Approve a Cafeteria benefit increase for existing part-time United Public Employees
of California (UPEC) members from $3.25 to 3.75 per hour worked to a maximum of
64 hours per pay period; b) approve Budget Amendment No. 13BA -009 allocating
$45,000 from unappropriated fund balance to provide for the increased costs
associated with the cafeteria benefit; and c) approve the proposed salary ranges for
three Police Department part-time classifications of Crime Prevention Specialist, Police
Community Service Officer, and Police Dispatcher (changes would become effective
the first pay period after City Council approval — pay period ending September 21,
2012).
21. VOICE OVER INTERNET PROTOCOL (VOIP) PHONE REPLACEMENT PURCHASE.
Approve Budget Amendment 13BA -11 appropriating $284,283.90 from the IT Strategic
Fund Balance to the Phone System Account, 6420 -9325, for the purchase of the City's
VOIP system equipment.
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 HEARING
22. MARINA PARK COASTAL LAND USE PLAN AMENDMENT (PA2012 -079) — 1600 WEST
BALBOA BOULEVARD. a) Conduct a public hearing; and b) adopt Resolution No. 2012 -80
that: 1) rescinds Resolution No. 2012 -66 adopted on July 24, 2012, 2) finds the California
Environmental Quality Act (CEQA) to be satisfied by the May 11, 2010, City Council certification
of the Marina Park Project Environmental Impact Report (EIR) (SCH #2008051096) in
compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K -3, and 3) approves Coastal Land Use Plan No. LC2012 -002.
XVII. CURRENT BUSINESS
23. QUARTERLY BUSINESS REPORT - APRIL THROUGH JUNE 2012. Review and comment,
as desired.
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