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Home My WebLink About0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, OCTOBER 23, 2012 CITY COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD CLOSED SESSION — 6:00 P.M. REGULAR MEETING - 7:00 P.M. KEITH D. CURRY Mayor Pro Tern STEVEN ROSANSKY Council Member 441 LESLIE J. DAIGLE Council Member NANCY GARDNER Mayor -dawi, DAVE KIFF - City Manager AARON HARP - City Attorney LEILANI BROWN - City Clerk STEPHEN BADUM - Assistant City Manager MICHAEL F. HENN Council Member RUSH N. HILL, II Council Member EDWARD D. SELICH Council Member 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 OCTOBER 23, 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 REGARDING CLOSED SESSION Public comments are invited on Close Session Agenda items only. 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 (NEEL), 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). C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957) Title: Aaron C. Harp, City Attorney 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 - Mr. Frank Carpenter 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 Proclamation to the Port of Long Beach thanking them for their assistance with Lower Bay Dredging sediment disposal 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 - 12) 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 OCTOBER 9, 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. ORDINANCE FOR ADOPTION 3. ADOPTION OF ORDINANCE NO. 2012 -22 TO APPROVE AN AMENDMENT TO THE CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM TO PROVIDE SECOND TIER BENEFIT FORMULAE. Conduct second reading and adopt Ordinance No. 2012 -22 amending the contract between the City of Newport Beach and the California Public Employees Retirement System to provide the following second tier retirement benefit formulae: 3 % @55 for Police, 2 % @50 for Firefighters, 2 % @50 for Lifeguards, and 2 % @60 for Miscellaneous members. C. CONTRACTS AND AGREEMENTS 4. PROPOSED COMMUNITY EMERGENCY PREPAREDNESS SUPPLY STORAGE CONTAINER WITHIN THE IRVINE TERRACE PARK — APPROVAL OF ENCROACHMENT PERMIT AND AGREEMENT (N2012- 0225). Allow the City to enter into an Encroachment Agreement with the Irvine Terrace Community Association for the installation of a Community Emergency Preparedness Supply Storage Container within Irvine Terrace Park, contingent upon all conditions of the Encroachment Permit process being met, and authorize the City Manager to execute the Encroachment Agreement. 5. JUSTICE ASSISTANCE GRANT — ANNUAL AWARD. a) Approve Agreement to transfer funds for Fiscal Year 2012, Justice Assistance Grant Annual Award, and authorize the City Manager to execute the Agreement per Council Policies F -3 and F -25 (Therefore, to comply with Council Policy F -3, the City Manager may accept grants or donations of up to $30,000 on behalf of the City.); and b) approve Budget Amendment No. 13BA -016 increasing revenue estimates in the amount of $8,139 in Account #1290 -5257, and increase expenditure appropriations in Account #1290 -7095. 6. AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER DC &E FOR THE PREPARATION OF THE ENVIRONMENTAL IMPACT REPORT FOR THE UPTOWN NEWPORT MIXED USE RESIDENTIAL DEVELOPMENT LOCATED IN THE AIRPORT AREA. Approve the amendment to the Professional Services Agreement, and authorize the Mayor and City Clerk to execute the agreement. 7. FY2011 -2012 STREETLIGHT IMPROVEMENT PROJECT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4822. 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. AMENDMENT NO. 1 TO AGREEMENT WITH GLOBAL POWER GROUP INC. FOR GENERATOR PREVENTATIVE MAINTENANCE AND REPAIR SERVICES. a) Approve Amendment No. 1 to Global Power Group Inc. agreement for generator preventative maintenance and as- needed repair services; and b) direct that this project be exempt from the payment of prevailing wages because this project is financed with local funds and involves a matter of local concern. 9. APPROVAL OF AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR THE BUCK GULLY RESTORATION PROJECT LANDSCAPING MONITORING. Approve Amendment No. 5 to the Professional Services Agreement with RBF of Irvine, California, at a cost not to exceed $83,070.00, extend the term of the agreement to March 31, 2018, and authorize the Mayor and City Clerk to execute the Agreement. 10. APPROVAL OF LANDSCAPE MAINTENANCE AGREEMENT FOR CITYWIDE MEDIANS AND ROADSIDES. a) Approve a five year agreement with Park West Landscape Management for landscape maintenance of Citywide medians and roadsides; and b) direct that this project be exempt from the payment of prevailing wages because this project is financed with local funds and involves a matter of local concern. 11. CENTRAL LIBRARY CLERESTORY REPAIR — AMENDMENT NO. 5 TO THE NEWPORT BEACH CIVIC CENTER CONSTRUCTION CONTRACT. a) Approve Amendment No. 5 to the Construction Manager at risk Contract with C.W. Driver amending the Guaranteed Maximum Price to add the repair of the Central Library Clerestory to the Civic Center project at a cost not to exceed $720,913 and authorize the Mayor and the City Clerk to execute the amendment; and b) approved Budget Amendment No. 13BA -018 appropriating $720,913 to the Newport Beach Civic Center Project Account No. 7410- C1002009 from Facilities Replacement Fund reserves. D. MISCELLANEOUS 12. HUMAN SERVICES GRANT FOR 2012 -2013. Authorize the allocation of $25,000 in Human Services Grants in the following manner: $4,000 to Youth Employment Services (Harbor Area), $3,500 to Serving People in Need (SPIN), $4,500 to Orange County Council on Aging, $4,000 to Advocates for Grandparent - Grandchild Connection, $5,000 to Central Orange Coast YMCA, and $4,000 to Newport Harbor High School. 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 HEARING au 13. VACATION OF EXISTING SEWER EASEMENT AT 205 CARNATION AVENUE AND 101 BAYSIDE PLACE. a) Conduct a public hearing and close the public hearing for the vacation of existing sewer easements; and b) if desired, 1) adopt Resolution No. 2012 -93 ordering the vacation of existing sewer easement, 2) direct staff to process the vacation of said easement, and 3) direct the City Clerk to have the Resolution and easement documents recorded by the Orange County Recorder. 14. APPOINTMENTS TO THE BALBOA VILLAGE ADVISORY COMMITTEE (BVAC). a) Confirm the Mayor's appointment of to BVAC; b) waive portions of City Council Policy A -2 (Board and Commission Appointments); and c) confirm the City Council's appointments to the following positions on BVAC: • Balboa Village Business Improvement District (BID) Board member (one seat) • ExplorOcean Representative (one seat) • Balboa Peninsula Point Homeowners Association (one seat) • Central Newport Beach Community Association (one seat) • At -Large Representative (one seat) 15. CORONA DEL MAR LANE MERGE RELOCATION TRIAL — TRAFFIC ANALYSIS. a) Direct staff to remove the temporary street striping and markings on East Coast Highway, and return the eastbound traffic lane merge to its former configuration; b) find that the vehicular traffic congestion during the test period did increase at various times as a result of moving the lane merge further to the west and recommend one of the following actions: 1) reject the proposed entryway Concept Plan due to its negative impacts to traffic circulation and direct that East Coast Highway be left in its original configuration; 2) reject the entryway Concept Plan as proposed due to its negative impacts to traffic circulation and direct staff to explore modifying the current proposed Concept Plan to remove just the existing on- street parking area between Begonia Avenue and Carnation Avenue to accommodate additional parkway landscaping and sidewalk between Acacia Avenue and Carnation Avenue; or 3) provide staff with an alternative direction. 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 - In memory of George J. McGaffigan