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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. V. 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