The URL can be used to link to this page

Home My WebLink About0 - Regular AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, MAY 22, 2012 COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD REGULAR MEETING - 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 ~ DANA SMITH - Assistant City Manager STEPHEN BADUM - 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. IV. V. VI. VII. VIII. X. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD MAY 22, 2012 7:00 P.M. STUDY SESSION - 4:00 p.m. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(a)): 1. Paul Matheis v City of Newport Beach Orange County Superior Court Case No. 30- 2011- 00477924 B. 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) RECESS RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE INVOCATION — Ms. Lynda Robison, Second Church of Christ Scientist PRESENTATIONS OPIS Network's Helping 100 Businesses for 100 Days — Award Dinner Proclamation to recognize Brian Moore, Deputy District Engineer with the Army Corps of Engineers, Los Angeles District, for his many years of service to the Corps, and for his dedication and support of Newport Beach projects 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. 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 - 15) 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 MAY 8, 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. ORDINANCE FOR ADOPTION 3. SECOND READING OF AN ORDINANCE REPEALING THE CITY'S VEHICLE ADDRESSED SOLICITATION LAW, NEWPORT BEACH MUNICIPAL CODE, SECTION 10.62. Conduct second reading and adopt Ordinance No. 2012 -12 regarding the repeal of the City's Vehicle Addressed Solicitation Law. C. RESOLUTION FOR ADOPTION 4. HEALTHY EATING ACTIVE LIVING (HEAL) CAMPAIGN. Adopt Resolution No. 2012 -33 - A Resolution of the City Council of the City of Newport Beach to become a Healthy Eating Active Living (HEAL) City. D. CONTRACTS AND AGREEMENTS 5. AMENDMENT OF THE AGREEMENT FOR PARKING METER SERVICES BETWEEN THE CITY OF NEWPORT BEACH AND CENTRAL PARKING SYSTEM, INC. (CPS), DATED MARCH 31, 2011 (ORIGINAL AGREEMENT). Approve an amendment to the Agreement which would 1) pay CPS $700,000 annually for its services, 2) authorize the Finance Director to pay approximately $618,000 to cash fund the capital costs of the parking meter equipment and infrastructure, saving the City approximately $240,000 in finance charges over the terms of the equipment leases, and 3) authorize the City Manager to appropriate $618,000 from the FY 2011 -12 General Fund operational savings (010 -3605) to be expended for the purchase of all parking meter equipment and infrastructure, and authorize the Mayor and City Clerk to sign the Agreement. 6. AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA CONSULTING FOR THE PREPARATION OF THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE 401 -ACRE NEWPORT BANNING RANCH PROJECT GENERALLY LOCATED BETWEEN THE 4900 -5200 BLOCK OF WEST COAST HIGHWAY AND WESTERN TERMINUS OF 19TH STREET. Approve the amendment to the Professional Services Agreement and authorize the Mayor and City Clerk to execute the Agreement. LIFEGUARD HEADQUARTERS REHABILITATION - ARCHITECTURAL AND ENGINEERING DESIGN SERVICES — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RRM DESIGN GROUP. Approve a Professional Services Agreement (PSA) RRM Design Group of San Clemente for Lifeguard Headquarters Rehabilitation Architectural and Engineering Design Services at a not -to- exceed price of $266,090.00, and authorize the Mayor and the City Clerk to execute the Agreement 8. 19TH STREET TIDE GATE RETROFIT - AWARD OF CONTRACT NO. 4773. a) Approve the project drawings and specifications; b) award Contract No. 4773 to Excel Paving Company for the total bid price of $182,501.00, and authorize the Mayor and City Clerk to execute the contract; and c) establish a contingency of $27,375.00 (approximately 15 percent) to cover the cost of unforeseen work. 9. JAMBOREE ROAD SIGNAL SYNCHRONIZATION COOPERATIVE AGREEMENT. Approve Cooperative Agreement with the Cities of Irvine and Tustin, and the State of California for the engineering and construction of the Jamboree Road Traffic Signal Synchronization Project. E. MISCELLANEOUS 10. PLANNING COMMISSION AGENDA FOR MAY 17. 2012. Receive and file. 11. CONFIRMATION OF VOTING DELEGATE FOR THE 2012 LEAGUE OF CALIFORNIA CITIES (LLC) ANNUAL CONFERENCE - SEPTEMBER 5 -7, 2012, SAN DIEGO. Confirm Mayor Pro Tern Keith Curry's designation as the City's Voting Delegate at the Annual League of California Cities Conference to be held from September 5 -7, 2012, in San Diego. 12. STREET TREE DESIGNATION - QUIET COVE. Municipal Operations staff recommends that the City Council consider the recommendation from the Parks, Beaches, and Recreation (PB &R) Commission, and approve a change in Street Tree Designation for Quiet Cove from the Hong Kong Orchid (Bauhinia blakena) to the Australian Willow (Geijera parviflora). 13. REQUEST TO RETAIN PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY AT 701 AND 701'/2 ORCHID AVENUE. Waive City Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow the existing planter wall and entry walkway with steps, all of which encroach in excess of 1 -foot into the Fourth Avenue public right -of -way, provided the property owner of 701 and 701'/2 Orchid Avenue enter into an Encroachment Agreement with the City to maintain these private improvements within the Public Right -of -Way and that all conditions of the Encroachment Permit process are met. 14. FY 12 -13 SPECIAL EVENT SUPPORT RECOMMENDATIONS. Approve the Special Event Support funding levels, and authorize staff to execute agreements with each event organizer. 15. ASSIGNMENT OF BALBOA BAY CLUB GROUND LEASE. a) Approve the proposed assignment of the Balboa Bay Club ground lease from Balboa Bay Club, Inc., to Todd M. Pickup and Devon R. Martin as trustees of the Vintage Trust Il, dated July 19, 2007 and find that Balboa Bay Club, Inc., is not currently in default under the Ground Lease; and b) authorize the Mayor and the City Clerk to sign the Estoppel Certificate and Consent to Ground Lease Assignment on behalf of the City. 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 I:4q I I 16. ANNUAL REVIEW OF NEWPORT HARBOR LUTHERAN CHURCH DEVELOPMENT AGREEMENT (PA2009 -137) LOCATED AT 798 DOVER DRIVE. a) Conduct a public hearing; b) find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and c) receive and file the Annual Report of the Development Agreement for Newport Harbor Lutheran Church. 17. IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS — AWARD OF CONTRACT NO. 5035. a) Select the palm tree species to be installed under the contract; b) approve the project drawings and specifications; c) award Contract No. 5035 to KASA Construction, Inc. (KASA) for the total bid price of $308,075.00, and authorize the Mayor and City Clerk to execute the contract; and d) establish a contingency of $32,622.23 (approximately 10 percent) to cover the cost of unforeseen work and pay for additional crack repair; and e) approve Budget Amendment No. 12BA -038 appropriating $360,000.00 to Account No. 7013- C2002050 (Irvine Avenue Medians) from General Fund operational savings, Account No. 010 -3605. 18. APPOINTMENTS TO THE CHARTER UPDATE COMMITTEE. a) Adopt Resolutions No. 2012 -34, replacing Exhibit 2 to Resolution No. 2012 -32; b) confirm the Mayor's appointments of Council Member Steve Rosansky as the non - voting Council liaison and Mayor Nancy Gardner as the alternate non - voting Council liaison; c) waive the condition in City Council Policy A -2 that prevents appointees from serving on more than one standing City Board, Commission or Committee and, if the City Council does not receive at least 14 applications to serve on the Charter Update Committee, waive the requirement of City Council Policy A -2 that provides that two or more candidates be considered for each seat; d) if desired, adopt Resolution No. 2012 -35, amending the membership of the Charter Update Committee; and e) make appointments to serve on the Charter Update Committee. 19. QUARTERLY BUSINESS REPORT — JANUARY THROUGH MARCH 2012. Review and comment, as desired. 20. SECOND MEETING OF THE FY 2012 -13 PROPOSED BUDGET. Receive and file report and presentation, and provide input 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 — In memory of Marina Marrelli