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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, March 25, 2008 Regular Council Meeting - 7:00 p.m. EDWARD D. SELICH Mayor LESLIE J. DAIGLE DON WEBB Mayor Pro Tem Council Member MICHAEL F. HENN Council Member STEVEN ROSANSKY Council Member HOMER BLUDAU - City Manager, HARKLESS - City Clerk, STEPHEN G. WOOD - Assistant City Manager. NANCY GARDNER Council Member KEITH D. CURRY Council Member ROBIN CLAUSON - City Attorney, LAVONNE BADUM - Director of Public Works, SHARON Z. NOTICE TO THE PUBLIC 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 HEARING: 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 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 web site. The address is: http://www.city.newport - beach.ca.us/ 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 LaVonne Harkless, 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. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD March 25, 2008 I. STUDY SESSION - 3:30 p.m II. CLOSED SESSION - [Refer to separate agenda from City Attorney] III. RECESS IV. RECONVENE AT 7.00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT (if anulicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Dr. John A. Huffman, Jr., St. Andrews Presbyterian Church DL PRESENTATIONS Library Foundation Presentation of a Check. K 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 Council. Speakers must limit comments to five minutes on agenda items. The Council has the discretion to ewend or shorten the time limit on agenda or non- agenda items. As a courtesy, please turn cell phones and pagers off or set them in the silent mode. XL CITY COUNCIL. ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEM): TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS RECORDED. RED LIGHT WILL SIGNIFY WHEN SPEAKERS TIME LIMIT IS UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. MI. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1— 19) are considered by the Council to be routine and will all be enacted by one motion in the form listed below. The City 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 Council votes on the motion unless members of the 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, 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 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 11, 2008. Waive reading of subject minutes, approve as written and order filed. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. B. ORDINANCE FOR ADOPTION 8. KENNELS IN WEST SANTA ANA HEIGHTS. Adopt Ordinance No. 2008 -9 amending Title 7 and Title 20 of the NBMC pertaining to the regulation of kennels. C. RESOLUTIONS FOR ADOPTION 4. AMENDMENT TO RESOLUTION THAT ESTABLISHED THE CITY HALL DESIGN COMMITTEE (contd. from 8 /11108). Adopt Resolution No. 2008 -_ amending Resolution No. 2008 -14 relating to the City Hall Design Committee. 5. AMENDMENT TO RESOLUTION NO. 2006 -84 AND RENEWED AUTHORIZATION TO ENTER INTO CONTRACTS WITH THE STATE WATER RESOURCES CONTROL BOARD FOR TMDL- RELATED WATER QUALITY STUDIES. a) Adopt Resolution No. 2008 -_ amending Resolution No. 2006 -84 authorizing the City Manager to enter into Water Quality Studies relating to Newport Bay's TMDLs, including specifically a Metals - related Storm Drain Study with the State Water Resources Control Board; and b) approve a budget amendment (08BA -054) accepting up to $70,000 from the State Board for the expansion of the Metals - Related Storm Drain Study. 6. RESOLUTION RELATING TO SUPPLEMENTAL PAY FOR CITY EMPLOYEES WHO ARE U.S. SERVICE MEMBERS SERVING IN IRAQ OR AFGHANISTAN. Adopt Resolution No. 2008 -_ repealing Resolution No. 2001 -84 and ensuring that City staff members serving overseas in the U.S. Military can receive Supplemental Pay through the end of their deployment. RESOLUTION AUTHORIZING ACCEPTANCE OF DONATIONS FOR THE BACK BAY SCIENCE CENTER'S TEACHING LAB INTERIOR IMPROVEMENTS AND FURNISHING. Adopt Resolution No. 2008 -_ authorizing the City Manager to accept, invest, and expend funds in accordance with the City's investment policy which are donated from various sources (private individuals, corporations, non - profits, and state agencies) for the interior of the Back Bay Science Center's teaching lab. D. CONTRACTS AND AGREEMENTS 8. CLIFF DRIVE PARK STAIRWAY AND HANDRAIL REPLACEMENTS (C -3795) - COMPLETION AND ACCEPTANCE OF CONTRACT. a) Accept the completed project work; b) authorize the City Clerk to file a Notice of Completion; c) 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 d) release the Faithful Performance Bond 1 year after Council acceptance. 9. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR THE PREPARATION OF SCHEMATIC DESIGN SERVICES, ENVIRONMENTAL IMPACT REPORT, GEOTECHNICAL INVESTIGATION, AND PROJECT MANAGEMENT SERVICES FOR MARINA PARK. a) Approve a Professional Services Agreement with Rabben/Herman Design Office for the preparation of schematic design services on the Marina Park project at a not to exceed price of $518,230 and authorize the Mayor and City Clerk to execute the agreement; b) approve a Professional Services Agreement with Michael Brandman Associates for preparation of the Environmental Impact Report (EIR) for the Marina Park project at a not to exceed price of $195,187 and authorize the Mayor and City Clerk to execute the Agreement; c) approve a Professional Services Agreement with TerraCosta Consulting Group for technical data in support of the EIR for the Marina Park project at a not to exceed price of $33,510 and authorize the Mayor and City Clerk to execute the Agreement; d) establish $37,400 (5% of the agreement amounts recommended) for possible unforeseen circumstances; e) approve an amendment to the Professional Services Agreement with Gable Engineering, Inc. for Project Management Services at a not to exceed price of $86,400 and authorize the Mayor and City Clerk to execute the Agreement; and fj approve a budget amendment (08BA -053) appropriating $1,070,727 from the unappropriated General Fund balance to Account No. 7411- C4002002 (Marina Park) - this amount includes an additional $200,000 to cover future marine sediment/organism analysis and material disposal (consultant selection and scope of work definition are on- going with consultant agreement award at a future Council meeting). 10. TRAFFIC SIGNAL MODERNIZATION - APPROVAL OF PURCHASE CONTRACT WITH ECONOLITE CONTROL PRODUCTS, INC. (contd. from 2126108). Approve a Purchase Contract with Econolite Control Products, Inc. of Anaheim, for purchase, installation, maintenance and repair services of the icons Advanced Traffic Management System, at a not to exceed price of $584,610 and authorize the Mayor and City Clerk to execute the agreement. 11. TRAFFIC SIGNAL MODERNIZATION - JAMBOREE ROAD CORRIDOR (PHASE 2) AND AIRPORT AREA (PHASE 3) DESIGN - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC. Approve a Professional Services Agreement with Iteris, Inc. of Santa Ana, for Phases 2 and 3 of the Traffic Signal Modernization Project - Jamboree Road Corridor and Airport Area design at a contract price of $361,835 and authorize the Mayor and City Clerk to execute the Agreement. 12. RETIREE MEDICAL PROGRAM. Authorize the Mayor, City Manager and City Clerk to execute the documents initiating participation in CEBRT, with the intention of budgeting sufficient funds to fully satisfy the remaining liability over a twenty year period. 13. PLANNING MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF ORANGE - THREE PENDING PROJECTS IN WEST SANTA ANA HEIGHTS. Authorize the Mayor to execute a Memorandum of Understanding (MOLT) between the City and the County of Orange in substantially similar form to the MOU attached to the staff report regarding planning and building services for three pending development projects in West Santa Ana Heights. 14. AUTHORIZATION TO CONTRACT WITH VAN SCOYOC ASSOCIATES REGARDING ADVOCACY FOR UPPER NEWPORT BAY AND LOWER NEWPORT BAY DREDGING. a) Authorize the City Manager to enter into a Professional Services Agreement of up to $60,000 to Van Scoyoc Associates to advocate for dredging the Lower Bay and for funding the Upper Bay Ecosystem Restoration Project; and b) approve a budget amendment (08BA -056) relating to appropriating $60,000 for this effort. 15. PROFESSIONAL SERVICES AGREEMENT FOR CONTRACT PLANNING SERVICES. a) Approve a Professional Services Agreement with Deborah Linn dba Linn & Associates of Long Beach, for contract planning services for an amount not to exceed $150,000; and b) authorize the City Manager and City Clerk to sign the agreement. E. MISCELLANEOUS 16. REPLACEMENT OF PLAYGROUND EQUIPMENT AT BEGONIA PARK. Approve a budget amendment (08BA -057) transferring $25,000 from the unappropriated General Fund to Expenditure Account 4390 -9022 to provide for the insurance deductible for the replacement of the tot lot playground equipment at Begonia Park. 17. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY 2007/2008 EXPENDITURE ACCOUNTS. Approve a budget amendment (08BA -055) to increase revenue estimates by $293,000 in Account No. 4090.5893 (Library Foundation Donations) and increase expenditure estimates by the same amount in Division 4090 (Foundation). 18. APPROVAL TO PURCHASE RADAR TRAILER PRIOR TO JULY 1, 2008. Approve the early expenditure of $15,211 from the vehicle replacement fund to replace a radar trailer prior to the beginning of Fiscal Year 2008. 19. PANINI CAFE APPEAL - 2421 E. COAST HIGHWAY - PA2007 -063 (contd. from 11127107). Refer the project to the Planning Commission for consideration. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XV. PUBLIC COMMENTS Public Comments are invited on non - agenda items generally considered to be within the subject matter jurisdiction of the Council -- Speakers must limit comments to 3- minutes. Before speaking, please state your name for the record. XVI. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 20. PLANNING COMMISSION AGENDA FOR MARCH 20, 2008. Action: a) Receive oral report on the most recent Planning Commission actions; b) Council Member appeal of Planning Commission, Modification Committee or Planning Director approvals subject to appeal; and c) receive and file written report. XVII. CONTINUED BUSINESS XVIII. 21. CONFIRMATION OF APPOINTMENTS TO THE CITY HALL DESIGN COMMITTEE (contd. from 8111/08). Action: a) Appoint four (4) licensed architects and one (1) licensed landscape architect to the City Hall Design Committee from the eight (8) applicants nominated by the Building Ad Hoc Committee; and b) appoint Larry Tucker as the non - voting Chairman to the City Hall Design Committee. 22. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE CITY COUNCIL PRIORITIES FOR 2008. Action: Review and comment, as needed. XDL 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. XX. ADJOURNMENT