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Home My WebLink About0 - Regular Meeting AgendaIII. IV. V. VI. VII. VIII. IX. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD MAY 8, 2012 7:00 P.M. STUDY SESSION - 4:00 p.m. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Agency Designated Representatives: Dave Kiff, City Manager; and Richard Kreisler, Special Counsel 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) B. 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 PRESENTATIONS Proclamation Designating May 13 to May 19, 2012 as Poppy Week Relay for Life Proclamation 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 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 - 8) 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 I -JI MINUTES FOR THE APRIL 24, 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. k?X07:7UIR_12 [elm :74 »a1111111�[ci 1:I=K1110 V&AVJ:I: 4W_ 1x]01:7 =:1.1:1 QW1011111140 VIVA 9[0111 LAW, NEWPORT BEACH MUNICIPAL CODE, CHAPTER 10.62. Introduce Ordinance No. 2012 -12 regarding the repeal of the City's Vehicle Addressed Solicitation Law. C. CONTRACTS AND AGREEMENTS 4. PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR, QEA, L.P., FOR WATER QUALITY AND FIELD MANAGEMENT SERVICES FOR THE LOWER BAY FEDERAL DREDGING PROGRAM. a) Approve and execute the Professional Services Agreement with Anchor QEA for water quality monitoring, and authorize the Mayor and City Clerk to execute the agreement; and b) approve Budget Amendment No. 12BA- 036 transferring $388,017 from Account No. 7231- C4402004 and $15,000 from Account No. 7231- C4402007 in project savings to Account No. 7231- C4402003. 5. PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR, QEA, L.P., FOR PERMITTING AND ENGINEERING DESIGN SERVICES FOR CITY /COUNTY LINDA ISLE /HARBOR ISLAND CHANNEL DREDGING. a) Approve and execute the Professional Services Agreement with Anchor QEA for permitting and engineering design services for the Linda Isle and Harbor Island Channels, and authorize the Mayor and City Clerk to execute the agreement; and b) approve Budget Amendment No. 12BA -037 transferring $103,065 from Account No. 7231- C4402007 in project savings to Account No. 7231- C4402003. 6. FY 11 -12 CITYWIDE SLURRY SEAL PROGRAM — AWARD OF CONTRACT NO. 5087. a) Approve the project drawings and specifications; b) award Contract No. 5087 to American Asphalt South, Inc., for the total bid price of $687,000 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $34,350 (5 %) to cover the cost of unforeseen work not included in the original contract. D. MISCELLANEOUS 19A_1ZI!IIZleIKiLrdLiIFI9[ AP MOW : 11!I7_\707:7Ti /_YLrtW'ZIiP#:Z3. - PITSiT.Iarm 8. SUPPORTING ONTARIO'S BID TO OPERATE ONTARIO INTERNATIONAL AIRPORT (ONT). Authorize Mayor Gardner to send a letter to the Mayor of Ontario regarding the City of Newport Beach's support of the City of Ontario's bid to operate ONT. 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 HEARINGS 9. SUBSTANTIAL AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLANS FOR FISCAL YEARS 2010 -2011 AND 2011 -2012. a) Hold a public hearing to receive comments on the proposed Substantial Amendment to the 2010 -2011 and 2011 -2012 CDBG Action Plans; and b) adopt Resolution No. 2012 -30 to approve the Substantial Amendment that 1) cancels the 2010 -2011 Utility Assessment District Grant Program and the 2011 -2012 Sidewalk, Curb and Gutter Improvements activity and 2) authorizes the City Manager to submit the Substantial Amendment to the U.S. Department of Housing and Urban Development (HUD). 10. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FISCAL YEAR 2012.2013 ACTION PLAN (PA2010 -071). a) Hold a public hearing to receive comments on the Draft 2012 -2013 Action Plan; b) approve the Draft 2012 -2013 Action Plan; and c) adopt Resolution No. 2012 -31 adopting the 2012 -2013 Action Plan and authorize the City Manager to 1) submit the Action Plan to the U.S. Department of Housing and Urban Development (HUD), 2) execute the FY 2012 -2013 CDBG Program Grant Agreement and all related documents on behalf of the City, 3) execute subrecipient agreements with the nonprofit organizations receiving allocations of CDBG funds in the Action Plan, 4) execute a one -year contract extension with LDM Associates, Inc. (year 3 of 3), in an amount not to exceed $58,133 to administer the CDBG program and to monitor the City's Affordable Housing Covenants, and 5) authorize the Community Development Director, or her designee to be the official representative of the City of Newport Beach to submit required environmental documentation for CDBG projects. 11. APPEAL OF DENIAL OF LOT MERGER NO. LM2011 -002 TO MERGE 2808 AND 2812 OCEAN BOULEVARD (PA2011 -141), a) Conduct public hearing; and b) sustain or reverse the Planning Commission's decision by either: 1) adopting Resolution No. 2012 -29 denying Lot Merger Application No. LM2011 -002 or 2) adopting Resolution No. 2012 -29 approving Lot Merger Application No. LM2011 -002. [continued from the April 24, 2012 City Council Meeting] XVII. CURRENT BUSINESS 12. CREATION OF A CHARTER UPDATE COMMISSION. a) Adopt Resolution No. 2012 -32 creating a Charter Update Commission that will be charged with reviewing the Charter for possible amendment and making a recommendation to the City Council; b) waive Subsection C of City Council Policy A -2 that requires the Ad Hoc Appointments Committee to recommend potential Charter Update Commission members to the full City Council two weeks prior to appointment; c) 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 membership on the Charter Update Commission; and d) direct the City Clerk to post and publish a Request for Applications for the Charter Update Commission requesting that applications be submitted by 10:00 a.m. on Monday, May 21, 2012 for appointment on May 22, 2012. 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 — In memory of Alan Beimfohr