NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
Regular Meeting
7:00 p.m.
June 11, 2013
 
I. STUDY SESSION - 5:00 p.m.

II. CLOSED SESSION - After Study Session - Council Chambers Conference Room

A.  CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8):

  Property:  3300 Pacific View Drive, Corona del Mar, California

  Agency Negotiator:  Dave Kiff

  Negotiating Parties:  Harbor Day School

  Under Negotiation:  Instruction to Agency Negotiator will concern price and terms of payment of a lease.

B.  CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 

  Arnie Pike, et al v City of Newport Beach, U.S. District Court Case No. CV-08-8580 DSF (RNBx), U.S. Court of Appeals for the 9th Circuit Case No. 12-56074

C.  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); and Newport Beach Professional and Technical Association (NBPTEA)

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 - Pastor Bradley Stienstra, Newport Harbor Lutheran Church

IX. PRESENTATION

  Presentation from Jenny Conde regarding the Vest-A-Dog OC Chapter 

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. If the optional sign-in card has been completed, it should be placed in the box provided at the podium.

The City Council of Newport Beach welcomes and encourages community participation. Public comments are generally limited to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. 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 (NON-DISCUSSION ITEM)

XII. PUBLIC COMMENTS ON CONSENT CALENDAR

Public comments are invited on CONSENT CALENDAR items. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. To the extent that any item is removed from the Consent Calendar by a Council Member, members of the public are invited to speak on each item for up to three (3) minutes per item.

All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. The City Council has 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 request specific items to be discussed and/or removed from the Consent Calendar for separate action.

XIII. CONSENT CALENDAR

  (ITEMS 1 to 14)

A.  READING OF MINUTES AND ORDINANCES

1.  MINUTES FOR THE MAY 28, 2013 STUDY SESSION AND REGULAR MEETING. [100-2013]  Waive reading of subject minutes, approve as written, and order filed.

Minutes

2.  READING OF ORDINANCES.  Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only.

B.  ORDINANCE FOR ADOPTION

3.  ADOPTION OF ORDINANCE NO. 2013-10 AMENDING TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE IN RESPECT TO THE PERIODIC REVIEW OF DEVELOPMENT AGREEMENTS (PA2013-082).  [100-2013]  Conduct second reading and adopt Ordinance No. 2013-10, An Ordinance of the City Council of the City of Newport Beach Amending Chapter 15.45.080 of the Newport Beach Municipal Code Relating to the Periodic Review of Development Agreements (PA2013-082).

Staff Report

Staff Report from May 28

C.  RESOLUTIONS FOR ADOPTION

4.  RESOLUTION OF INTENTION TO RENEW THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS IN FY 2013-2014.  [100-2013]  a) Approve the Corona del Mar Business Improvement District FY 2012-2013 Annual Report; and  b) adopt Resolution No. 2013-46, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Renew the Corona del Mar Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2013 to June 30, 2014, and Fix the Time and Place of a Public Hearing for June 25, 2013.

Staff Report

5.  RESOLUTION OF INTENTION TO RENEW THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS IN FY 2013-2014. [100-2013]  Adopt Resolution No. 2013-47, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Renew the Newport Beach Restaurant Association Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2013 to June 30, 2014, and Fix the Time and Place of a Public Hearing for June 25, 2013, where written and oral protests may be made.

Staff Report

6.  SUPPORT FOR INCREASED FUNDING FOR LOCAL COASTAL PLANNING.  [100-2013]  Adopt Resolution No. 2013-48, A Resolution of the City Council of the City of Newport Beach Supporting Additional State Funding for the Local Coastal Program Planning Process Established by the California Coastal Act.

Staff Report

7.  ANNUAL MEASURE M FUND ELIGIBILITY REQUIREMENTS.  [100-2013]  a) Adopt the Measure M Seven-Year Capital Improvement Program (CIP); b) adopt Resolution No. 2013-49, A Resolution of the City Council of the City of Newport Beach Concerning the Status of the Circulation Element and the Mitigation Fee Program, affirming that the City’s Circulation Element is in conformance with the Regional Master Plan of Arterial Highways (MPAH), and reaffirming that Council concurs with the existing Mitigation Fee Program; and c) direct staff to submit all necessary material to OCTA to satisfy the Measure M annual eligibility requirements.

Staff Report

8.  SUMMARY VACATION OF EXISTING SEWER EASEMENT AT 901 KINGS ROAD.  [100-2013]  a) Adopt Resolution No. 2013-50, A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 10-Foot Wide Sewer Easement at 901 Kings Road (Lot 25, Block E of Tract 1219) and Directing the City Clerk to Record Same with the County Recorder’s Office; b) direct staff to process the Summary Vacation, and c) direct the City Clerk to have Resolution No. 2013-50 and Summary Vacation documents recorded by the Orange County Recorder.

Staff Report

D.  CONTRACTS AND AGREEMENTS

9.  2012-2013 SIDEWALK, CURB AND GUTTER REPLACEMENT PROJECT - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5204.  [38/100-2013]  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 Faithful Performance Bond one year after Council acceptance.

Staff Report

10.  2012-2013 STREETLIGHT IMPROVEMENT PROJECT - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5193.  [38/100-2013]  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 Faithful Performance Bond one year after Council acceptance.

Staff Report

11.  ORANGE COUNTY SANITATION DISTRICT (OCSD) DOVER DRIVE TRUNK SEWER RELIEF PROJECT; REIMBURSEMENT AGREEMENT FOR STREET RESTORATION (C-5493).  [38/100-2013]  Approve the Reimbursement Agreement with OCSD in the amount of $633,000.00 for street restoration efforts required as a part of the Dover Drive Trunk Sewer Relief Project, and authorize the Mayor and City Clerk to execute the agreement.

Staff Report

12.  APPROVAL OF AN AGREEMENT FOR THE PURCHASE OF TRACTOR-DRAWN QUINT (C-5494).  [38/100-2013]  Approve an Agreement with Pierce Manufacturing, Incorporated of Appleton, Wisconsin, for the purchase of one 2013 Pierce Tractor-Drawn Quint Fire Apparatus for a total cost of $1,148,221.44, including sales tax.

Staff Report & Attachment A

Attachment B

Exhibit A to Attachment B

Appendix A to Exhibit A

Exhibits B & C to Attachment B

Exhibits D & E to Attachment B

E.  MISCELLANEOUS

13.  PLANNING COMMISSION AGENDA FOR JUNE 6, 2013.  [100-2013]  Receive and file.

Planning Commission Action Report

Planning Commission Agenda

14.  BOARD AND COMMISSION SCHEDULED VACANCIES - CONFIRMATION OF NOMINEES.  [100-2013]  a) Waive the portions of Council Policy A-2 (Board, Commission, and Committee Appointments) for the Building and Fire Board of Appeals Nominations relative to requiring two or more applications for each vacant seat and not allowing a person to serve for more than two consecutive four-year terms; and b) confirm the nominations made by the Ad Hoc Appointments Committee.

Staff Report

Board of Library Trustees Applications

Building & Fire Board of Appeals Applications

City Arts Commission Applications

Civil Service Board Applications

Harbor Commission Applications

PB&R Commission Applications

Planning Commission Applications

  MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED.

XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR

XV. PUBLIC COMMENTS ON NON-AGENDA ITEMS

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.

XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES

XVII. PUBLIC HEARINGS

15.  MOBILITIE TELECOMMUNICATIONS PERMIT FOR OBELISK LOCATED AT 20661 NEWPORT COAST DRIVE (PA2013-003).  [100-2013]  a) Conduct Telecom application review; b) adopt Resolution  No. 2013-51, A Resolution of the City Council of the City of Newport Beach Approving Telecommunications Permit No. TP2013-001 for a Telecommunications Facility Located at  20661 Newport Coast Drive (PA2013-003), finding the project categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15303 (Class 3 - New Construction or Conversion of Small Structures) of the CEQA Guidelines and approving Telecom Permit No. TP2013-001.

Staff Report

16.  ADOPTION OF FISCAL YEAR 2013-14 APPROPRIATIONS LIMIT.  [100-2013]  a) Conduct a public hearing; and b) adopt Resolution No. 2013-52, A Resolution of the City Council of the City of Newport Beach Determining and Establishing an Appropriations (Gann) Limit for Fiscal Year 2013-14 in accordance with Article XIIIB of the California Constitution and Government Code Section 7910, in the amount of $159,433,819.

Staff Report

17.  RESOLUTION NO. 2013-53: FISCAL YEAR 2013-14 BUDGET ADOPTION.  [100-2013]  a) Hold the public hearing on the City Manager’s proposed Budget for Fiscal Year 2013-14 (after reviewing 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 the budget checklist, including those added to the City Manager’s Proposed Fiscal Year 2013-14 Budget by Council Members during the public hearing (based on the straw vote, items approved will be included in the City’s Fiscal Year 2013-14 Approved Budget); and c) approve Resolution No. 2013-53, A Resolution of the City Council of the City of Newport Beach Adopting the Budget for the 2013-14 Fiscal Year, as amended by Recommendations a and b.

Staff Report

XVIII. CURRENT BUSINESS

18.  CIVIC CENTER AND PARK PROJECT CLOSE OUT ACCOUNTING (C-4527).  [38/100-2013]  a) Approve the increase of project contingency from $1,623,000 to $6,500,000, and authorize the City Manager and Project Manager to negotiate additional project changes in the amount not to exceed $4,877,000; b) authorize the Mayor to execute an amendment to the Professional Services Agreement with Bohlin Cywinski Jackson, increasing the original contract by $579,670 to a revised cost not to exceed $4,994,357; and c) approve Budget Amendment No. 13BA-046 appropriating $6,856,670 from the unappropriated Civic Center fund balance to Civic Center construction and design accounts as follows: $6,277,000 to account number 7410-C1002030 and $579,670 to account number 7410-C1002009.

Staff Report

19.  SECOND AMENDMENT AND RESTATED EMPLOYMENT AGREEMENT FOR CITY MANAGER (C-4358).  [38/100-2013]  Approve and authorize the Mayor and City Clerk to execute the Second Amended and Restated Employment Agreement for the City Manager.

Staff Report

XIX. MOTIONS 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.

XX. ADJOURNMENT