HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY. COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, May 27, 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
NANCY GARDNER
Council Member
STEVEN ROSANSKY KEITH D. CURRY
Council Member Council Member
HOMER BLUDAU - City Manager, ROBIN CLAUSON - City Attorney, LAVONNE
HAPMLESS - City Clerk, STEPHEN G. BADUM - Director of Public Works, SHARON Z.
WOOD - Assistant City Manager.
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: httpJ /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
May 27, 2008
I. STUDY SESSION - 3:00 p.m.
U. CLOSED SESSION - [Refer to separate agenda from City Attorney]
HL RECESS
IV. RECONVENE AT 7:00 P.M. FOR REGULAR. MEETING
V. ROLL CALL
VI. CLOSED SESSION REPORT (if annlicable)
VII. PLEDGE OF ALLEGIANCE
VIII. INVOCATION - Reverend Carl Stuckenberg, Newport Center United Methodist Church
IX. PRESENTATIONS
California Department of Forestry Tree City USA Presentation.
Newport Harbor High School (NHHS) Surf Class Presentation on the Issue of
Polystrene Polluting Our Beaches and Ocean and Solutions for Eliminating this
Problem.
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
Council. Speakers must limit comments to five minutes on agenda items. The Council has
the discretion to extend 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.
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIIM 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.
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 3500 NEWPORT BLVD. DURING NORMAL BUSINESS HOURS. IN ADDITION,
SUCH WRITINGS AND DOCUMENTS WILL BE POSTED ON THE CITY'S
WEBSITE AT W W W.CITY.NEWPORT- BEACH.CA.US
XH. CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under CONSENT CALENDAR (I — E3) 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 l 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 MEETING AND
REGULAR MEETING OF MAY 13, 2008. 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 City
Clerk to read by title only.
B. RESOLUTIONS FOR ADOPTION
3. PROPOSITION 1B LOCAL STREETS AND ROADS FUNDING
PROPOSAL. Adopt Resolution No. 2008 -_ authorizing the submittal of a
funding proposal to the Department of Finance for the FY 2007 -2008
allocation of Proposition 1B — Local Streets and Roads Improvement,
Congestion Relief, and Traffic Safety Account Funds.
4. EXECUTION OF FISCAL YEAR 2007 HOMELAND SECURITY GRANT
PROGRAMS TRANSFER AGREEMENTS. Adopt Resolution No. 2008-
_ authorizing the Police Chief, the Fire Chief and City Manager to act as
"Authorized Agents" to execute the necessary documents in conjunction with
the agreements attached to the staff report.
5. TERMINATION OF OPTION TO PURCHASE FROM THE IRVINE
COMPANY A CITY HALL SITE IN BLOCK 500 OF NEWPORT
CENTER DRIVE. Adopt Resolution No. 2008 -_ authorizing the Mayor to
sign a notice to terminate the option to purchase the City Hall site and
authorizing the City Manager to accept the Amended and Restated Grant
Deed for Parcel 3 of Parcel Map 90 -361.
C. ORDINANCE FOR INTRODUCTION
6. COST RECOVERY ORDINANCE [CHAPTER 3.36) — FEE
RESOLUTION & MASTER FEE SCHEDULE (contd. from 5/13/08).
Continue public hearing to June 10, 2008.
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D. CONTRACTS AND AGREEMENTS
CORPORATION YARD BUILDING G ROOF REPAIRS — AWARD OF
CONTRACT (C- 3966). a) Approve the project plans and specifications;
b) award the contract to Pre -Fab Builders, Inc. for the total bid price of
$118,592 and authorize the Mayor and the City Clerk to execute the contract;
c) establish an amount of $11,850 to cover the cost of unforeseen work; and
d) approve a budget amendment (08BA -071) transferring $30,000 from
Account No. 7013 - 0510000019 (Streets, Bikeways and Parking Lot
Improvements) to Account No. 7011- C1002002 (Corporation Yard Building G
Repair and Rehabilitation).
8. BIRCH STREET REHABILITATION — AWARD OF CONTRACT
(C- 3792). a) Approve the project plans and specifications; b) award the
contract to All American Asphalt for the total bid price of $609,609 and
authorize the Mayor and the City Clerk to execute the contract; and
c) establish an amount of $60,000 to cover the cost of unforeseen work.
9. APPROVAL OF AGREEMENT WITH LANDRUM & BROWN TO
CONDUCT "GO LOCAL" TRANSIT STUDY. Authorize the City Manager
to execute the Agreement with Landrum & Brown in substantially the same
form after City Attorney review.
10. AGREEMENT WITH BR PAINTING CONTRACTORS FOR ON -CALL
GRAFFITI REMOVAL SERVICES. Approve the agreement with BR
Painting Contractors for graffiti removal services on an on -call basis.
11. PROFESSIONAL SERVICE AGREEMENT (PSA) WITH BUXTON
COMMUNITY ID FOR MARKETING RESEARCH, RETAIL LEADS,
AND MAREETING MATERIALS. a) Approve the PSA with Buxton
Community ID for a not to exceed cost of $75,000; and b) authorize the Mayor
and the City Clerk to sign the Agreement.
12. NEWPORT TERRACE LANDFILL GAS COLLECTION AND
CONTROL SYSTEM — COMPLETION AND ACCEPTANCE OF
CONTRACT (C -3651) AND APPROVAL OF AMENDMENT NO. 3 WITH
SCS ENGINEERS - INTERNATIONAL, LLC, FOR START -UP
SUPPORT SERVICES RELATIVE TO OPERATION AND
MAINTENANCE OF THE COMPLETED SYSTEM. a) Accept the
construction work performed and completed by Innovative Construction
Solutions, Inc. under the contract; 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; d) release the Faithful
Performance Bond one year after City Council acceptance; e) approve
Amendment No. 3 to the Professional Services Agreement with SCS
Engineers - International, LLC for start -up support services relative to the
operation and maintenance of the completed landfill gas collection and
control system; and f) approve a budget amendment (08BA -074) transferring
$235,110 from the Environmental Liability Fund to Account No. 7292-
$5100735 for the construction of the Newport Terrace Landfill Gas Collection
and Control System.
13. TRAFFIC SIGNAL MODERNIZATION - PHASE 1 CONSTRUCTION -
AWARD OF CONTRACT (C- 3975). a) Approve the project plans and
specifications; b) reject the low bid received from Pro Tech Engineering as
non - responsible; c) award the contract to Dynalectric for the total bid price of
$382,465.55 and authorize the Mayor and the City Clerk to execute the
contract; and d) establish an amount of $57,000 to cover the cost of
unforeseen work.
14. WAN, SERVER VIRTUALIZATION, & DISASTER RECOVERY
IMPLEMENTATION PLAN. a) Approve a budget amendment (08BA -075)
to transfer funds from revenue account 0630 -5864 to 0630 -8030 ($37,177.39)
(these funds were the result of a class action lawsuit against Microsoft
Corporation and the remaining funds required to implement the balance of
the plan ($179,621.61) are available in the current fiscal year in the various
participating department budgets); and b) approve a Professional Services
Agreement with Embee Technologies for hardware and services to provide
wireless radio Wide Area Network (WAN) connections between the Central
Library and Utilities Department sites ($46,440.34) and between Fire Station
3 and Utilities Department sites ($37,027.76) (total costs of these two aspects
of the project are $83,468.10).
15. PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL
CONSULTING RELATED TO THE LOCAL COASTAL PROGRAM
(LCP). Authorize the City Manager to execute a standard Professional
Services Agreement in an amount not to exceed $65,000 with the Chambers
Group for environmental consulting and biological surveying for the Local
Coastal Program.
16. PROFESSIONAL SERVICES AGREEMENT FOR GEOTECHNICAL
CONSULTING SERVICES FOR THE LOCAL COASTAL PROGRAM
(LCP). a) Authorize the City Manager to execute a standard Professional
Services Agreement for an amount not to exceed $35,000 with Leighton
Consulting, Inc. for geotechnical consulting services for the Local Coastal
Program; and b) approve a budget amendment (08BA -076) increasing the
expenditure appropriation of 2710 -8294 by $25,000 from the General Fund
unappropriated fund balance.
E. MISCELLANEOUS
17. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
(SCAG) DISTRICT 15 ELECTION. SCAG REGIONAL COUNCIL AND
ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) BOARD
REPRESENTATIVE. Confirm the appointment of Mayor Pro Tem Daigle
for a one -year term through May 2009 as the District 15 representative,
pursuant to SCAG election procedures governing districts where there is only
one SCAG member city within a district.
18. BUDGET AMENDMENT - FEBRUARY 5, 2008 ELECTION COSTS.
Approve a budget amendment (08BA -073) transferring $116,000 from the
unappropriated General Fund balance to Professional and Technical Services
Account (0220 -8080) to cover the costs for the February 5, 2008 Special
Municipal Election.
19. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING
FISCAL YEAR JULY 1, 2008 TO JUNE 30, 2009. Authorize the City Clerk
to publish a notice advertising for bids to be received on or before the hour of
4:00 p.m., on Friday, June 13, 2008 for a one -year contract covering the
publishing and printing of legal notices, or other material required to be
published and circulated in the City of Newport Beach.
20. NEWPORT COAST DRIVE AND PELICAN HILL ROAD NORTH
RIGHT TURN LANE (C -3945) - AUTHORIZE BUDGET AMENDMENT
FOR CONSTRUCTION FUNDING. Approve a budget amendment (08BA-
072) transferring $395,000 from Account No. 7181- C2002010, Irvine Terrace
Slurry project, and $105,000 from Account No. 7181- C2002011, Newport
Heights Slurry project, to Account No. 7181- C5200974, Newport Coast Drive
- Pelican Hill Road North Right Turn Lane project.
21. 2008 -09 PROPOSED BUDGET HEARING; 2008 -09 APPROPRIATION
LDHT HEARING. Schedule a public hearing of the City's Proposed Budget
and Appropriation Limit for the 2008 -09 fiscal year on June 10, 2008 at 7:00
p.m. and direct the City Clerk to publish a notice of said hearings.
22. RECLASSIFICATION OF SENIOR HUMAN RESOURCES ANALYST
TO RECRUITMENT AND SELECTION SUPERVISOR. Approve the
City Manager's recommendation to reclassify the Senior Human Resources
Analyst to the new classification of Recruitment and Selection Supervisor.
23. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX
OF THE CITY COUNCIL PRIORITIES FOR 2008. Review and comment.
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 ACTTUTTIES
XV. PUBLIC HEARINGS
24. VACATION OF A STORM DRAIN EASEMENT AT 431 DAHLIA AVENUE
(OWNER - CHRISTINA KAVIANI, NSC ENTERPRISES, INC.).
Action: a) Conduct public hearing; and b) adopt Resolution No. 2008 -_
ordering the vacation of a 10 -foot wide storm drain easement at 431
Dahlia Avenue as described in Exhibit "A" and depicted in Exhibit
"B" of the staff report, direct staff to process the vacation, and direct
the City Clerk to have the Resolution recorded by the Orange County
Recorder.
25. BAY BURGER APPEAL - 600 BAY AVENUE E #A -7 - USE PERMIT NO. 2007-
027 (PA2007 -219) TO INTRODUCE THE SALE OF BEER AND WINE TO THE
EXISTING RESTAURANT USE.
Action: a) Conduct de novo public hearing; and b) deny the appeal and
sustain the Planning Commission's denial of Use Permit No. 2007-
027.
XVL 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.
XVH. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
26. PLANNING COMMISSION AGENDA FOR MAY 22, 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.
XVIIL CONTINUED BUSINESS
27. PROPOSED UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 101 -
AREA GENERALLY BOUNDED BY BUENA VISTA AVENUE, EDGEWATER
AVENUE, ADAMS STREET, AND BALBOA BOULEVARD - PRELBMNARY
APPROVAL OF AMENDED ENGINEERS REPORT.
Action: Adopt Resolution No. 2008 Giving Preliminary Approval to the
Amended Report of the Assessment Engineer for Assessment District
No. 101, Setting a Time and Place for a Public Hearing as July 22,
2008, and Ordering the Initiation of Assessment Ballot Procedures.
XIX. 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.
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