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Home My WebLink About0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, APRIL 10, 2012 COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD Regular Meeting - 7:00 p.m. NANCY GARDNER Mayor KEITH D. CURRY Mayor Pro Tern STEVEN ROSANSKY Council Member LESLIE J. DAIGLE ,tt Council Member MICHAEL F. HENN 4 Council Member RUSH N. HILL, II Council Member 4 A EDWARD D. SELICH Council Member DAVE KIFF - City Manager PIP 1 AARON HARP - City Attorney 1 LEILANI BROWN - City Clerk 6 DANA SMITH — Assistant City Manager A J 0 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 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. Ill. IV. V. VI. VII. VIII. IPA NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD APRIL 10, 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 potential case Orange Count Transportation Authority - Decision to amend the Master Plan of Arterial Highways to remove the 19 "Street Bridge. B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Agency Designated Representatives: Dave Kiff, City Manager; and Richard Kreisler, Special Counsel and Negotiator 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) C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: City Manager RECESS RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE INVOCATION — Reverend Peter D. Haynes — Saint Michael and All Angels Episcopal Church Proclamation Naming April Fair Housing Month 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. National Library Week Southern California Edison's (SCE) Appreciation to Newport Beach for its Participation in the Orange County Cities Energy Partnership 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 - 14) 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 STUDY SESSION AND REGULAR MEETINGS OF MARCH 27, 2012. 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. ORDINANCES FOR ADOPTION 3. BEACH COIN LAUNDROMAT CODE AMENDMENT (PA2011 -209) — AMENDMENTS TO CHANGE THE DESIGNATION OF THE SUBJECT PROPERTY FROM TWO -UNIT RESIDENTIAL (R -2) TO COMMERCIAL VISITOR SERVING (CV). Conduct a second reading and adopt Ordinance No. 2012 -10 approving Code Amendment No. CA2011 -013. 4. HEIGHT OF FENCES, HEDGES, WALLS AND RETAINING WALLS - CODE AMENDMENT NO. CA2012 -001 (PA2012 -018). Conduct a second reading and adopt Ordinance No. 2012 -11, approving Code Amendment No. CA2012 -011 amending Sections 20.30.040 and 20.30.060 of the Newport Beach Municipal Code. C. RESOLUTION FOR ADOPTION 5. RESOLUTION OF INTENTION TO AMEND THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN. Adopt Resolution 2012 -26, a Resolution of Intention to amend the NBTBID and set the public hearing date for April 24, 2012. D. CONTRACTS AND AGREEMENTS 6. FY2010 -2011 STREETLIGHT IMPROVEMENT PROJECT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4605. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) increase the contingency amount by $7,201.84, approximately 1.4 percent; c) 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 d) release the Faithful Performance Bond one year after Council acceptance. FY2011 -2012 TRAFFIC SIGNAL REHABILITATION PROJECT — AWARD OF CONTRACT NO. 4841. a) Approve the project drawings and specifications; b) award Contract No. 4841 to PTM General Engineering Services, Inc., for the total bid price of $547,050, and authorize the Mayor and City Clerk to execute the contract; c) establish a contingency of $55,000 (approximately 10 percent) to cover the cost of unforeseen work; and d) approve Budget Amendment No. 12BA -030 transferring $233,000 in project savings from Account No. 7261- C3002009 to Account No. 7261- C3001007. 8. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT — APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR BIOLOGICAL, CULTURAL, AND PALEONTOLOGICAL MONITORING SERVICES. Approve Professional Services Agreement Amendment No. 3 with LSA Associates, Inc., of Irvine, for Biological, Cultural, Archaeological, Paleontological, and Water Quality Monitoring Services at a not -to- exceed price of $35,800.00, and authorize the Mayor and the City Clerk to execute the Amendment. 9. JAMBOREE ROAD IMPROVEMENT AT MACARTHUR BOULEVARD — APPROVAL OF RIGHT -OF -WAY ACQUISITION SETTLEMENT AGREEMENTS. a) Approve four (4) Settlement Agreements with the three affected property owners and the community association for the acquisition of real property for the Jamboree Road Improvements at MacArthur Boulevard project and authorize the Mayor and City Clerk to execute the Settlement Agreements and Certificates of Acceptance; and b) authorize staff to open four (4) escrow accounts to make the necessary payments to complete the transaction. 10. AGREEMENT FOR PARTICIPATION IN WATER BUDGET BASED TIERED RATE GRANT PROGRAM. Enter into an agreement with MWDOC to participate in Water Budget Based Tiered Rate Grant Program, and authorize the Mayor and City Clerk to execute the agreement. 11. NEWPORT TERRACE LANDFILL GAS COLLECTION AND CONTROL SYSTEM (SYSTEM) — AWARD OF CONTRACT AND BUDGET AMENDMENT. a) Approve an annual contract for $88,080.00 with GC Environmental, Inc. (GCE) for Operation, Maintenance and Monitoring (OM &M) services of the System, and authorize the City Manager and City Clerk to execute the Contract on behalf of the City; and b) approve Budget Amendment No. 12BA -031 transferring a total of $21,180.00 from Environmental Liability unappropriated fund balance, 292 -3605, to Environmental Liability, Maintenance and Repair, 3155 -8030, to fund the remaining OM &M services, possible carbon /sulfa -treat change -outs and emergency repair costs for FY11 -12. 12. FASHION ISLAND AREA STREETS OVERLAY AND SLURRY — AWARD OF CONTRACT NO. 4813. a) Approve the project drawings and specifications; b) award Contract No. 4813 to EBS General Engineering, Inc. for the total bid price of $1,886,120, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $95,000 (5 %) to cover the cost of unforeseen work no included in the original contract; and d) approve Budget Amendment No. 12BA -032 transferring $373,200 from (Account No. 7281- C2002043) to Account No. 7281- C2002046 and $582,948 from (Account No. 7181- C2002044) to Account No. 7181- C2002046. E. MISCELLANEOUS 13. PLANNING COMMISSION AGENDA FOR APRIL 5, 2012. Receive and file. 14. ENFORCEMENT OF CHAPTER 11.04 - NO SMOKING REGULATIONS. Receive and file. 15. STREET TREE DESIGNATION — HOLIDAY ROAD. Consider the Recommendation from the Parks, Beaches, and Recreation (PBR) Commission, and approve a change in Street Designation for Holiday Road to include the Sycamore tree in addition to the current designation of the Willow Leaf Peppermint tree. 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. 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. XVII. ADJOURNMENT