HomeMy WebLinkAbout0 - Regular Meeting AgendaIV
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NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD
JUNE 12, 2012
Closed Session — 5:00 p.m.
Regular Meeting - 7:00 p.m.
STUDY SESSION — Cancelled
ROLL CALL — 5:00 p.m.
PUBLIC COMMENTS REGARDING CLOSED SESSION
Public comments are invited on Closed Session Agenda items only. Speakers must limit comments to
five (5) minutes. Before speaking, please state your name for the record.
CLOSED SESSION — 5:00 p.m.
A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(a)):
1. Christian Bernard v City of Newport Beach, et al
Orange County Superior Court Case No. 30- 2011- 00456286
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LITIGATION (Government Code § 54956.9(c)): One matter
C. 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
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.newportbeachea.gov.
X. INVOCATION — Rabbi Marc Rubenstein, Temple Isaiah
XI
Youth Council Annual Presentation to City Council
2012 Newport Beach Restaurant Week
XII. 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.
XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE
PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION
ITEM
XIV. CONSENT CALENDAR
All matters listed under CONSENT CALENDAR (1 - 22) 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 22, 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 INTRODUCTION
3. AN ORDINANCE ESTABLISHING AN ADMINISTRATIVE CODE ENFORCEMENT
PROGRAM, NEWPORT BEACH MUNICIPAL CODE CHAPTER 1.05 AND
SECTIONS 1.04.010, 10.66.060 AND 10.66.070. Introduce Ordinance No. 2012 -13,
amending NBMC Chapter 1.05 to establish an Administrative Code Enforcement
Program; Section 1.04.010 to add Civil Penalties; and Sections 10.66.060 and
10.66.070 to align the administrative appeals process; and pass to second reading on
June 26, 2012.
C. RESOLUTIONS FOR ADOPTION
4. SUBMITTAL OF OCTA PROPOSITION 1B STATE -LOCAL PARTNERSHIP
PROGRAM FUNDING APPLICATIONS. Adopt Resolution No. 2012 -35 affirming the
City's commitment to use Measure M Turnback or Fair Share funds as the required
matching funds.
5. RESOLUTION AUTHORIZING GRANT APPLICATIONS FOR THE ORANGE
COUNTY TRANSPORTATION AUTHORITY BICYCLE CORRIDOR IMPROVEMENT
PROGRAM. Adopt Resolution No. 2012 -36 authorizing submission of grant applications
for the OCTA Bicycle Corridor Improvement Program.
6. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SELECTED
STREETS AND PARKING LOTS FOR THE JULY 4T" HOLIDAY PERIOD. Adopt
Resolution No. 2012 -37 authorizing the temporary closure of Seashore Drive, Newport
Boulevard, Back Bay Drive and Balboa Boulevard, selected parking lots, and selected
feeder streets.
7. REPEAL RESOLUTIONS NO. 86 -2 AND 86 -9, ABOLISHING THE YOUTH COUNCIL.
Adopt Resolution No. 2012 -45, repealing Resolution Nos. 86 -2 and 86 -9, thereby
dissolving the current structure of the Newport Beach Youth Council.
8. RESOLUTION OF INTENTION TO RENEW THE MARINE AVENUE BUSINESS
IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS IN FY 2012 -2013. a) Approve
the Marine Avenue Business Improvement District FY 2011 - 2012 Annual Report; and
b) adopt Resolution No. 2012 -38, a Resolution of Intention to renew the Marine Avenue
Business Improvement District and levy assessments in Fiscal Year 2012 -2013 and set
the public hearing date for June 26, 2012.
9. RESOLUTION OF INTENTION TO RENEW THE BALBOA VILLAGE BUSINESS
IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS IN FY 2012 -2013. a) Approve
the Balboa Village Business Improvement District FY 2011 - 2012 Annual Report; and
b) adopt Resolution No. 2012 -39, a Resolution of Intention to renew the Balboa Village
Business Improvement District and levy assessments in Fiscal Year 2012 -2013 and set
the public hearing date for June 26, 2012.
10. RESOLUTION OF INTENTION TO RENEW THE CORONA DEL MAR BUSINESS
IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS IN FY 2012 -2013. a) Approve
the Corona del Mar Business Improvement District FY 2011 - 2012 Annual Report; and
b) adopt Resolution No. 2012 -40, a Resolution of Intention to renew the Corona del Mar
Business Improvement District and levy assessments in Fiscal Year 2012 -2013 and set
the public hearing date for June 26, 2012.
11. RESOLUTION OF INTENTION TO RENEW THE NEWPORT BEACH RESTAURANT
ASSOCIATION BUSINESS IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS
IN FY 2012 -2013. a) Approve the Newport Beach Restaurant Business Improvement
District FY 2011 - 2012 Annual Report; and b) adopt Resolution No. 2012 -41, a
Resolution of Intention to renew the Newport Beach Restaurant Business Improvement
District and levy assessments in Fiscal Year 2012 -2013 and set the public hearing date
for June 26, 2012.
12. RESOLUTION 2012 -42 RELATING TO UPDATING MEMBERSHIP OF THE CITIZEN
ADVISORY PANEL OF THE TIDELANDS MANAGEMENT COMMITTEE. Adopt
Resolution No. 2012 -42 amending the membership of the Citizens Advisory Panel of
the Tidelands Management Committee to reflect eight (8) members total as decided by
the Tidelands Management Committee.
D. CONTRACTS AND AGREEMENTS
13. SERVICE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC., FOR
CROSSING GUARD SERVICES. Approve and execute the Service Agreement with All
City Management Services, Inc., for crossing guard services, at a not -to- exceed cost of
$500,000 during the term of the agreement.
14. STORM DRAIN CDS UNIT CONSTRUCTION — AWARD OF CONTRACT NO. 4915.
a) Approve the project drawing and specifications; b) award contract No. 4915 to Excel
Paving Company for the total bid price of $261,456 and authorize the Mayor and City
Clerk to execute the contract; and c) establish a contingency of $39,218 (approximately
15 percent) to cover the cost of unforeseen work.
15. JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 — APPROVAL OF
AMENDMENT NO. 2 WITH ANDERSON PENNA. Approve Amendment No. 2 with
Anderson Penna for additional construction management services at a not -to- exceed
price of $48,631 for the Jamboree Road Bridge Widening over State Route 73 project,
and authorize the Mayor and City Clerk to execute the Amendment.
E. MISCELLANEOUS
16. PLANNING COMMISSION AGENDA FOR JUNE 7, 2012. Receive and file.
17. ANNUAL MEASURE M FUND ELIGIBILITY REQUIREMENTS. a) Adopt the Seven -
Year Measure M CIP; and b) direct staff to submit all necessary material to OCTA to
satisfy the Measure M annual eligibility requirements.
18. NEWPORT HARBOR NAUTICAL MUSEUM - ENCROACHMENT PERMIT AND
AGREEMENT TO REPLACE AMUSEMENT EQUIPMENT WITHIN THE EASEMENT
FOR SIDEWALK, PUBLIC UTILITY, AND PEDESTRIAN PURPOSES. a) Approve
applicant's request to replace, maintain, and operate the bungee trampoline equipment,
stairway, and appurtenances encroaching into the easement for sidewalk, public utility,
and pedestrian purposes at 600 E. Bay Avenue; and b) authorize staff to execute an
encroachment permit (N2010 -0109) and encroachment agreement for these
improvements.
19. DIRECTIVE TO EQAC TO REVIEW ENVIRONMENTAL IMPACT REPORTS FOR
THE UPTOWN NEWPORT PROJECT AT 4311 -4321 JAMBOREE ROAD, THE
WESTCLIFF MEDICAL ARTS BUILDING AT 1901 WESTCLIFF DRIVE, AND THE
BACK BAY LANDING MIXED USE - PROJECT AT 300 EAST COAST HIGHWAY.
Direct the Environmental Quality Affairs Citizens Advisory Committee (EQAC) to review
and submit comments on the draft environmental Impact reports for the Uptown
Newport, Westcliff Medical Arts Building, and Back Bay Landing Mixed -Use projects.
20. TRAFFIC SIGNAL MODERNIZATION PHASE 5 — COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 4698. a) Accept the completed work and
authorize the City Clerk to file a Notice of Completion for the project; b) 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 c) release the Faithful Performance Bond one year after Council acceptance.
21. BUDGET AMENDMENT TO APPROPRIATE EXPENDITURES AND REVENUES FOR
LIBRARY LITERACY SERVICES. Approve Budget Amendment No. 12BA -039 to
appropriate $27,350 from the 030 -22482 special purpose deposit account to increase
revenues in account 4010 -5091 by the same amount and increase expenditures in the
Literacy accounts: Salaries & Benefits: 4060 -7020 by $19,000; 4060 -7210 by $450.00;
4060 -7425 by $325.00; 4060 -7440 by $800.00; and 4060 -7460 by $115.00; and
Operating Expenditures: 4060 -8012 by $6110; 4060 -8060 by $100.00; and 4060 -8105
by $450.00.
22. BOARD AND COMMISSION SCHEDULED VACANCIES — CONFIRMATION OF
NOMINEES. Confirm the nomination made by the Ad Hoc Appointments Committee, as
provided at the June 12, 2012 City Council meeting.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT
FOR THOSE ITEMS REMOVED.
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
XVI. 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.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
XVIII. PUBLIC HEARING
23. ADOPTION OF FISCAL YEAR 2012 -13 APPROPRIATIONS LIMIT. a) Conduct a public
hearing; and b) adopt Resolution No. 2012 -43, the City's Appropriations (Gann) Limit for Fiscal
Year 2012 -13 in the amount of $150,988,947.
24. RESOLUTION NO. 2012 -39; FISCAL YEAR 2012 -13 BUDGET ADOPTION. a) Hold the public
hearing on the City Manager's Proposed Fiscal Year 2012 -13 Budget (After receiving the staff
report and taking public input, discuss and accept Council Member recommendations for
additions, deletions, or modifications to the budget checklist); b) conduct a straw vote on each
checklist item, including those added to the City Manager's Proposed Fiscal Year 2012 -13
Budget by Council Members at the hearing (Based on the straw vote, items approved will be
included in the City Manager's Proposed Fiscal Year 2012 -13 Budget); and c) adopt Resolution
No. 2012 -44 adopting the City Manager's Proposed Fiscal Year 2012 -13 Budget, as amended
by Recommendations a and b.
XIX. CURRENT BUSINESS
25. PROFESSIONAL SERVICES AGREEMENT WITH TK ARMSTRONG & ASSOCIATES FOR
BUSINESS IMPROVEMENT DISTRICT MANAGEMENT. Approve the professional services
agreement with TK Armstrong & Associates for Business Improvement District Management
Services at a not -to- exceed cost of $226,042, and authorize the Mayor and City Clerk to
execute the agreement.
26. NEWPORT BOULEVARD AND 32ND STREET MODIFICATION — APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING. Approve a Professional
Services Agreement with VA Consulting of Irvine, California, for the Newport Boulevard and
32 n1 Street Modification project at a not -to- exceed price of $278,973, and authorize the Mayor
and City Clerk to execute the Agreement.
27. FISCAL YEAR 2011 -12 DISCRETIONARY GRANT EXPENDITURES, RECREATION
CONTRACTOR AND OTHER CONTRACTOR REPORTING. Receive and file report, and
provide input as desired.
XX. 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.
XXI. ADJOURNMENT