HomeMy WebLinkAbout0 - Regular Meeting AgendaNEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD
NOVEMBER 13, 2012
Regular Meeting
7:00 p.m.
I. STUDY SESSION — 3:30 p.m.
II. 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
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
(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)
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957)
Title: Aaron C. Harp, City Attorney
III. RECESS
IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
VI. CLOSED SESSION REPORT
VII. PLEDGE OF ALLEGIANCE
VIII. INVOCATION
IX. PRESENTATION
Proclamation Awarded to the CERT Program and Volunteers for the National FEMA Award
Presentation on Vector Control Activity in Newport Beach
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 - 13) 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 23, 2012 SPECIAL AND REGULAR MEETINGS.
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. RESOLUTION SUPPORTING AN APPLICATION BY CITY OF COSTA MESA FOR
OCTA MEASURE M2 TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM FOR
NEWPORT BOULEVARD CORRIDOR SYNCHRONIZATION PROJECT. Adopt
Resolution No. 2012 -94 supporting the City of Costa Mesa application for the OCTA
Measure M2 Traffic Signal Synchronization Program for the Newport Boulevard
Corridor Synchronization Project.
4. EMERGENCY MANAGEMENT PERFORMANCE GRANT AUTHORIZATION. Adopt
Resolution No. 2012 -95 authorizing the City Manager and the Fire Chief to act as the
"Authorized Agents" to execute for and on behalf of the City any actions necessary to
obtain federal financial assistance provided by the Federal Emergency Management
Agency ( "FEMA ") and sub - granted through the State of California.
C. CONTRACTS AND AGREEMENTS
5. TERMINATION OF HOUSING ASSISTANCE AGREEMENT WITH THE CITY
MANAGER, AND RELEASE OF ASSOCIATED PROMISSORY NOTE AND DEED OF
TRUST. a) authorize the Mayor to execute the agreement terminating the Housing
Agreement between the City and the City Manager, b) acknowledge that the promissory
note recorded against the Property is discharged and direct the City Clerk to mark the
promissory note as "PAID IN FULL ", and c) authorize the Mayor, City Clerk and City
Attorney to take all required actions, including executing the Request for Full
Reconveyance and transmit the same to First American Title Insurance Company to
release the second deed of trust against the property.
6. 2012 -2013 SIDEWALK, CURB AND GUTTER REPLACEMENT — AWARD OF
CONTRACT C -5204. a) Approve the project drawings and specifications; b) award
Contract No. 5204 to Grigolla & Sons Construction Company, Inc., for the total bid price
of $491,400 and authorize the Mayor and City Clerk to execute the contract;
c) establish an amount of $49,000 (10 %) to cover the cost of unforeseen work not
included in the original contract; and d) approve Budget Amendment No. 13BA -019
transferring $206,600 in project savings from the Fashion Island Area Streets Overlay —
Account No. 7281- C2002046 (Measure M Turnback) to Account No. 7281- C2001009
(Sidewalk Curb and Gutter Replacement). This amendment also recognizes $4,800 in
revenues to (Account 9010 -5901) for private contributions from Lido Isle Community
Association and appropriates $4,800 to 7013- C2001009.
FY2012 -2013 TRAFFIC SIGNAL REHABILITATION PROJECT — AWARD OF
CONTRACT C -5223. a) Approve the project drawings and specifications; b) award
Contract No. 5223 to Dynalectric, for the total bid price $201,672 and authorize the
Mayor and City Clerk to execute the contract; and c) establish a contingency of $30,000
(approximately 15 percent) to cover the cost of unforeseen work.
D. MISCELLANEOUS
8. REQUEST TO RETAIN EXISTING NON - STANDARD PRIVATE IMPROVEMENTS
WITHIN THE PUBLIC RIGHT -OF -WAY AT 224 AGATE AVENUE. Staff recommends
that the City Council waive City Council Policy L -6, Private Encroachments in the public
Rights -of -Way, to allow for raised brick planters to encroach up to 4.5 feet into the
Agate Avenue right -of -way at 224 Agate Avenue, contingent upon all conditions of the
Encroachment Permit process being met.
9. REIMBURSEMENT OF THE NEWPORT CENTER TREE REPLACEMENT COSTS.
a) direct staff to transmit funds in the amount of $122,621 to The Irvine Company
representing the City's share of costs for Newport Center tree replacements in
accordance with the Letter Agreement dated February 5, 1985, between The Irvine
Company and the City of Newport Beach; and b) approve Budget Amendment No.
13BA -020 appropriating $122,621 from the General fund balance reserves to Account
No. 3170 -8250.
10. CULTURAL ARTS GRANTS, 2012113. Approve recommended recipients for
FY2012/13 Cultural Arts Grants as selected by the City Arts Commission in accordance
with City Council Policy 1 -10 — Financial Support for Culture and the Arts.
11. AGREEMENT FOR REFUSE CONTAINER COLLECTION SERVICES. a) Authorize
the Mayor and City Clerk to enter into an agreement with Robert's Waste & Recycling,
Inc. to provide non - residential refuse collection services.
12. CORONA DEL MAR LANE MERGE RELOCATION TRIAL — TRAFFIC ANALYSIS.
a) Conduct discussion of the Traffic Analysis report associated with the trial lane merge
relocation on East Coast Highway at MacArthur Boulevard per the October 23, 2012
staff report; and 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;
3) Provide staff with an alternative direction.
13. PROPOSED ORGANIZATIONAL CHANGES IN THE LIFE SAFETY SERVICES
DIVISION OF THE FIRE DEPARTMENT. Establish the Life Safety Specialist
occupational series with a salary range of $60,722 to $103,417 annually (LSS 1 /11 /111)
and consolidate the Fire Prevention Specialist, Fire Prevention Plans Examiner, and
Community Preparedness Coordinator job classifications into the series.
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. CURRENT BUSINESS
I:4q I I
14. COMMERCIAL TIDELANDS USES. a) Adopt Resolution No. 2012 -96 amending Resolution
No. 2012 -91 and Resolution No. 2012 -92 relating to Large Commercial Marinas; b) adopt
Resolution No. 2012 -97 approving a model lease template and model permit for commercial
tidelands uses; c) adopt Resolution No. 2012 -98 setting fair market value rent for commercial
tidelands uses; and d) that the Council direct the Ad Hoc Committee on Harbor Charges to
review and make recommendations to the rents and other charges considered by the City
Council to date (any other rents later proposed and adopted) to ensure that they are fair and
equitable. This shall be done prior to December 31, 2013.
15. FOX LAWSON & ASSOCIATES' EXECUTIVE MANAGEMENT CLASSIFICATION AND
COMPENSATION STUDY. Review the results of Fox Lawson & Associates (FLA) classification
and compensation study and adopt Executive Compensation Plan ranges at either the FLA
recommended percentile (50% or 60 %) with or without an accompanying merit -based incentive
program for the specified 14 positions. This action will no result in any change in costs at this
time, but rather, would grant the authority to the Council or City Manager (depending upon the
supervisory chain of command) to adjust compensation at the appropriate date via the
appropriate mechanism (one -time bonus, etc) if earned on the basis of merit.
16. AMENDED AND RESTATED EMPLOYMENT AGREEMENTS FOR THE CITY MANAGER
AND CITY CLERK. Adopt Resolution No. 2012 -99 approving and authorizing the Mayor and
Deputy City Clerk to execute the Amended and Restated Employment Agreements for the City
Clerk and City Manager.
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.
XVIII. ADJOURNMENT — In memory of Ray Watson