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Home My WebLink About0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, APRIL 24, 2012 COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD CLOSED SESSION - 5:00 P.M. REGULAR MEETING - 7:00 P.M. KEITH D. CURRY Mayor Pro Tem STEVEN ROSANSKY Council Member D® LESLIE J. DAIGLE Council Member NANCY GARDNER Mayor 1 041y DAVE KIFF — City Manager AARON HARP —City Attorney LEILANI BROWN — City Clerk DANA SMITH — Assistant City Manager STEPHEN BADUM — Public Works Director NOTICE TO THE PUBLIC MICHAEL F. HENN Council Member RUSH N. HILL, II Council Member EDWARD D. SELICH Council Member O r 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 COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD APRIL 24, 2012 CLOSED SESSION - 5:00 P.M. REGULAR MEETING - 7:00 P.M. I. STUDY SESSION — Cancelled II. ROLL CALL III. PUBLIC COMMENTS REGARDING CLOSED SESSION Public comments are invited on Closed Session Agenda items only. Speakers must limit comments to five (5) minutes. Before speaking, please state your name for the record. IV. CLOSED SESSION — 5:00 p.m. - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): 1 matter 1. Arnie Pike, et al v City of Newport Beach United States District Court, Case No. CV -08 -8580 DSF (RNBx) B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1. Property: 710 Lido Park Dr., Newport Beach, CA 92663 — Tidelands Agency negotiator: Dave Kiff, City Manager Negotiating parties: Stanley A. Solomon, as Trustee for the Curd 1999 Dynasty Trust, First American Trust Company, Trustee of the Turner Revocable Trust Number 1, and John Curci Under negotiation: Price and terms of payment for lease of real tidelands property 2. Property: 2101 West Coast Hwy, Newport Beach, CA 92663 - Tidelands Agency negotiator: Dave Kiff, City Manager Negotiating parties: Ardell Investment Company C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Agency Designated Representatives: Dave Kiff, City Manager; and Richard Kreisler, Special Counsel 1 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. Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA); Police Employees' Association (PEA); City Employees Association (NBCEA); Newport Beach Professional & Technical Employees Association (NBPTEA); Newport Beach Employees League (NBEL); and Newport Beach Part -Time Unit (UPEC, Local 777) D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: City Manager 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 XI. PRESENTATIONS Bike Month Proclamation DMV /Donate Life California Month Proclamation 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 APRIL 10, 2012 STUDY SESSION 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. RESOLUTION FOR ADOPTION 3. RESOLUTION SUPPORTING SUBMISSION OF A GRANT APPLICATION UNDER THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) MEASURE M2 ENVIRONMENTAL CLEANUP GRANT PROGRAM. Adopt Resolution No. 2012 -27 authorizing and supporting submission of grant applications for OCTA Measure M2 Environmental Cleanup Tier 1 and Tier 2 Grant Programs. C. CONTRACTS AND AGREEMENTS 4. NEWPORT BEACH CIVIC CENTER & PARK PROJECT — APPROVAL OF AMENDMENT NO. 4 TO THE CONSTRUCTION MANAGER AT RISK CONTRACT C.W. DRIVER FOR THE FABRICATION AND INSTALLATION OF PROJECT SIGNAGE AND THE INSTALLATION OF DRY UTILITIES MODIFICATIONS. a) Authorize the Mayor and City Clerk to execute Amendment No. 4 to the Construction Manager At Risk Contract with C.W. Driver of Irvine, California, amending the Guaranteed Maximum Price (GMP) to add the fabrication and installation of signage components for the new Civic Center facilities, including the park and the dry utilities modifications made at the existing Central Library deliver dock area to the Civic Center and Park Project scope of work at a not -to- exceed price of $476,281.00, and b) approve Budget Amendment No. 12BA -034 appropriating $476,281.00 from the Major Facilities Master Plan Fund to the Newport Beach Civic Center Project Account No. 7410- 01002009. 5. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT — APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH KOURY ENGINEERING & TESTING, INC., FOR MATERIAL TESTING AND INSPECTION SERVICES. Approve Professional Services Agreement Amendment No. 1 with Koury Engineering & Testing, Inc., of Chino, California, for Civic Center and Park Project Material and Inspection Services at a not -to- exceed price of $170,842.00, and authorize the Mayor and the City Clerk to execute the Amendment. : Ts7 a* 39 = Wile] �_Cc7:74:11Lr,l:1011Mv 111:mIII ATA[y=61 CORPORATION FOR ENVIRONMENTAL SERVICES (PA2011 -216). Approve the Professional Services Agreement, and authorize the Mayor and City Clerk to execute the Agreement. CITY HALL LAND USE AMENDMENTS (PA2012 -031) - 3300 NEWPORT BOULEVARD. Initiate amendments of the General Plan, Coastal Land Use Plan, and Zoning Code necessary to facilitate a change of use of the City Hall site. 8. EXTENSION OF THE JOINT POWERS AGREEMENT (JPA) FOR USE OF MARIAN BERGESON AQUATICS CENTER (MBAC). Approve the execution of the Newport - Mesa Unified School District (NMUSD) Board approved agreement to extend the JPA for use of the MBAC for a twenty -five (25) year period from July 1, 2014 to June 30, 2039. D. MISCELLANEOUS 9. PLANNING COMMISSION AGENDA FOR APRIL 19, 2012. Receive and file. 10. BUDGET AMENDMENT TO APPROPRIATE EXPENDITURES AND REVENUES FOR CONTRACT CLASSES, AFTER SCHOOL ENRICHMENT, AND OASIS FITNESS CENTER PERSONAL TRAINERS. Approve Budget Amendment No. 12BA -033 to increase Revenue Accounts 4330 -5150 by $200,000 and 4415 -5167 by $72,000; and Expenditure Accounts 4330 -8080 by $130,000 and 4415 -8080 by $56,000 (Additionally, these increases will be reflected in the FY2012/13 budget that City Council will consider in June 2012). 11. APPOINTMENT BY MAYOR OF AD HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO OCCUR ON JUNE 30, 2012. a) Confirm Mayor Nancy Gardner's appointment of Mayor Nancy Gardner, Council Member Mike Henn, and Council Member Steven Rosansky to serve on the Ad Hoc Appointments Committee to review applications and make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 2012; and b) direct the City Clerk to post and publish a Vacancy Notice requesting that applications be submitted by 2:00 p.m. on Wednesday, May 16, 2012; schedule confirmation of nominees to be made on June 12, 2012; and make appointments on June 26, 2012, 12. BUDGET AMENDMENT ALLOCATING DONATED FUNDS FOR THE PURCHASE OF A LIBRARY RADIO FREQUENCY IDENTIFICATION SYSTEM. Approve Budget Amendment No. 12BA -035 to increase expenditures by $120,000 - $95,000 in Division 4093 -9000, Library Donations -Office Equipment and $25,000 in Division 8500 -8512, Ackerman Fund -High Tech Library Trust (Funding of this expenditure will be achieved in part by appropriating $95,000 from the 030 -2248 special purpose deposit account and increasing revenue in 4093 -5901; and the balance of $25,000 will be appropriated from the Ackerman Trust Fund unappropriated fund balance, account 850 - 3605). 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 13. DEVELOPMENT AGREEMENT ANNUAL COMPLIANCE REVIEW - 2012 HOAG MEMORIAL HOSPITAL PRESBYTERIAN (DA5, PA2009 -064) - 1 HOAG DRIVE. a) Conduct a public hearing; b) find that Hoag Memorial Hospital Presbyterian has demonstrated good faith compliance with the Development Agreement; and c) receive and file the Annual Status Report of Development Agreement for Hoag Memorial Hospital Presbyterian. 14. APPEAL OF DENIAL OF LOT MERGER NO. LM2011 -002 TO MERGE 2808 AND 2812 OCEAN BOULEVARD (PA2011 -141). Adopt Resolution No. 2012 -29 as recommended by the Planning Commission at the March 22, 2012 meeting subject to the alternative development standards as stated in the Conditions of Approval. 15. RESOLUTION NO. 2012 -28: AMENDING THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT (NBTBID) MANAGEMENT DISTRICT PLAN. a) Conduct the public hearing; and b) adopt Resolution No. 2012 -28, amending the NBTBID Management District Plan. XIX. 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. XX. ADJOURNMENT 5