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HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, January 12, 2010 Regular Council Meeting - 7:00 p.m. KEITH D. CURRY Mayor MICHAEL F. HENN DON WEBB Mayor Pro Tern Council Member EDWARD D. SELICH Council Member STEVEN ROSANSKY Council Member LESLIE J. DAIGLE Council Member NANCY GARDNER Council Member DAVE KIFF - City Manager LEILANI BROWN - City Clerk DAVID HUNT - City Attorney SHARON WOOD - Assistant City Manager STEPHEN BADUM - Public Works Director 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 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 OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD January 12, 2010 I. STUDY SESSION - 3:30 p.m. II. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. Conference with Legal Counsel - Existing Litigation (Government Code & 54956.9(a)): Eleven matters: 1. Group Homes Matters: Five matters all arising out of the Group Homes litigation brought against the City, as follows: a. Cross -Claim Against Morningside Recovery as the only remaining portion of the Concerned Citizen's u. City of Newport Beach, U.S. District Court Case No. SACV 08- 00192-JVS (RNBx) b. Sober Living By The Sea v. City of Newport Beach, U.S. District Court Case No. SACV 08.00200 JVS (RNBx) c. City of Newport Beach v. Morningside Recovery, Orange County Superior Court Case No.07CC11694 d. Pacific Shores u. Newport Beach, U.S. District Court Case No. SACV 08 -00457 AG (PLAx) e. Newport Coast Recovery u. City of Newport Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx); 2. Group Homes Matters: Six matters all arising out of the Group Homes investigation brought against the City, as follows: a. Pacific Shores u. Newport Beach U.S. Dept. of Housing & Urban Development Investigation No. 09- 08- 0592.8 b. Newport Coast Recovery u. City of Newport Beach U.S. Dept. of Housing & Urban Development Investigation No. 09- 09- 0713-8 c. Paul Murdoch u. City of Newport Beach U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0831 -8 d. The Kramer Center v. City of Newport Beach U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0833 -8 e. Oxford House v. City of Newport Beach U.S. Dept. of Housing & Urban Development Investigation No. 09 -09. 0830 -8 f. Yellowstone u. City of Newport Beach U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0834 -5 B. Conference with Real Property Negotiator (Government Code § 54956.81-. Three Parcels of Real Property: 1. Property: 608 E. Balboa Boulevard City Negotiator: Sharon Wood Negotiating, Parties: Levon Gugasian Under Negotiation: Consideration of acquisition of property 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. 2. Property: Access Road to Sunset Ridge Park City Negotiators: Ed Selich, Steve Rosansky and David Webb Under Negotiation: Acquisition of easement for access to proposed Sunset Ridge Park 3. Property: Coast Highway in Front of China Palace Restaurant City Negotiator: Sharon Wood and David Webb Negotiating Party: Jack Mau Under Negotiation: Acquisition of Public Right of Way for PCH Expansion C. Conference with labor negotiators (Government Code § 54957.6): Aizencv Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy, Human Resources Director Emolovee Organization: Multiple Newport Beach associations - Lifeguard Management Association (LMA), Newport Beach Firefighters' Association (NBFA), Police Management Association (PMA), Police Employees' Association (PEA) and Fire Management Association (FMA) D. Public Employee Performance Evaluation (Government Code § 54957(b)(1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of two public employee(s). 1. Titles: City Clerk; City Attorney III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT (if applicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Reverend Robert Jordan Ross, Newport Universalist Society D:. PRESENTATION State and National Library Awards Presentation 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 (5) 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 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 (7 - 18) 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, 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 MINUTESIORDINANCES AND RESOL UTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING OF DECEMBER 2, 2009 AND THE REGULAR MEETING OF DECEMBER 8, 2009. 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. ORDINANCE FOR ADOPTION 3. COST RECOVERY ORDINANCE (CHAPTER 3.36), FEE RESOLUTION AND MASTER FEE SCHEDULE. Adopt Cost Recovery Ordinance No. 2009 -32, amending Chapter 3.36 of the Newport Beach Municipal Code. C. RESOLUTION FOR ADOPTION 4. A TEMPORARY EXTENSION OF THE LENGTH OF TIME PERMITTED FOR THE DISPLAY OF PROMOTIONAL TEMPORARY BANNERS. Adopt Resolution No. 2010 -- allowing businesses to display promotional temporary banners for 120 days per calendar year through December 31, 2010. D. CONTRACTS AND AGREEMENTS 5. BAYVIEW WAY - ENCROACHMENT OF NON - STANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY. a) Approve the applicant's request to install, maintain and use non - standard improvements which include, but are not limited to, pavement striping, traffic delineators, temporary directional signage, vehicle staging, valet operations, shuttle vehicle drop -off and pick -up and other appurtenances within the Bayview Way right -of -way adjacent to 3300 Jamboree Road; and b) authorize staff to execute an encroachment permit and encroachment agreement for the non - standard improvements in the public right -of -way on Bayview Way adjacent to 3300 Jamboree Road. 6. PLAYGROUND RESILIENT SURFACE RENOVATION - APPROVAL OF CHANGE ORDER FOR CONTRACT NO. 4228. a) Authorize the Public Works Director to raise the percentage change order allowance to 45 percent and approve Change Order No. 2 in the amount of $19,889.10, which provides for the replacement of resilient playground surface at Peninsula Park; and b) approve Budget Amendment No. BAIO.026 transferring $6,000.00 from General Fund Account No. 7015- C4002004 (Eastbluff Park Playground Equipment) to ADA Playground Resurfacing & Accessibility Improvements Account No. 7015 - C4002008. OASIS SENIOR CENTER - AUDIO & VISUAL SYSTEMS AWARD OF CONTRACT NO. 4414. a) Approve the project plans and specifications; b) award Contract No. 4414 to Cibola Systems for the total bid price of $241,562.00 and authorize the Mayor and the City Clerk to execute the contract; and c) establish a construction contingency amount of $24,438.00, approximately 10 percent, to cover the cost of unforeseen work. 8. APPROVAL OF SOLE SOURCE PURCHASE FOR OUTDOOR FURNITURE AT THE OASIS SENIOR CENTER. Approve a sole source purchase from Outdoor Design Studio to supply the newly constructed OASIS Senior Center with outdoor furniture in an amount not to exceed $76,174.00. 9. AUTHORIZATION TO RETAIN TOM ROSSMILLER (RETIRED EMPLOYEE) ON A PART -TIME BASIS. Authorize the City Manager and City Clerk to execute Amendment No. 1 to the Professional Services Agreement for part -time work associated with Newport Bay for a not to exceed cost of $23,000. 10. AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS WITH CONSULTING FIRMS PROVIDING SERVICES RELATED TO NEWPORT BANNING RANCH DEVELOPMENT. Receive and file. 11. HARBOR PATROL MOORING ADMINISTRATION - INTERIM MONTH TO MONTH AGREEMENT WITH ORANGE COUNTY SHERIFF'S HARBOR PATROL. Authorize the City Manager to extend the Harbor Patrol contract for mooring administrative services on a month -to -month basis for $24,166.67 per month. E. MISCELLANEOUS 12. APPOINTMENTS TO THE ECONOMIC DEVELOPMENT COMMITTEE. a) Appoint David P. Hsiang to fill the At -Large vacancy; and b) appoint Kimberly A. Van Natta to fill the Fashion Island/Newport Center vacancy. 13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE CROWLEY FAMILY FOUNDATION FOR LIBRARY SERVICES AND APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY 2009110. Approve Budget Amendment No. 10BA -023 to increase revenue estimates by $7,500 in Account No. 4010 -5901, (Private Donations and Contributions) and to increase expenditure appropriations in 4093 (Designated Gifts) accounts by the same amount due to the receipt of funds from the Crowley Family Foundation. 14. APPOINTMENTS BY THE MAYOR TO THE COUNCIL/CITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. Confirm the appointments outlined in the staff report. 15. CITY WIDE STREET SWEEPING- REQUEST FOR PROPOSAL. a) Approve the Street Sweeping Request for Proposal (RFP) document for distribution to the list of contractors on file with the General Services Department; and b) authorize staff to return to Council with a recommendation on how street sweeping services are to be provided and a selected firm, if appropriate. 16. CIVIL SERVICE BOARD'S RECOMMENDATIONS AFTER COMPLETION OF THE POLICE MANAGEMENT ASSOCIATION'S REQUEST OF AN INVESTIGATION INTO THE PROMOTIONAL PROCESSES OF THE POLICE DEPARTMENT. a) Accept the recommendations of the Civil Service Board as set forth in Civil Service Board Resolution No. 2009 -02 from its December 7, 2009 meeting; and b) direct staff to present the recommendations to the Charter Update Commission for consideration of Civil Service System modernization. 17. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES FOR FISCAL YEAR 09/10. Approve Budget Amendment No. 10BA -027 to increase expenditure appropriations by $11,644 in Division 4060, Literacy, and to increase revenue estimates for the same amount in Account No. 4010 -4832, California Library Literacy Services. 18. CHARTER UPDATE COMMISSION: APPOINTMENT OF AD HOC COUNCIL SUBCOMMITTEE TO REVIEW APPLICATIONS. Approve the Mayor's appointment of Mayor Curry, Council Member Webb, and Council Member Selich to the Ad Hoc Subcommittee to review the Charter Update Commission applications, interview applicants, and make recommendations at the January 26, 2010 meeting as to which citizens should be appointed to the Charter Update Commission. 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 three (3) minutes. Before speaking, please state your name for the record. XVI. PUBLIC HEARINGS 19. MEGONIGAL RESIDENCE (PA2007 -133) - 2333 PACIFIC DRIVE - MODIFICATION PERMIT NO. MD2007 -080. Action: a) Conduct public hearing; b) adopt Resolution No. 2010 -_ certifying the Megonigal Residence Environmental Impact Report (SCH #2009051043) and adopting a Mitigation Monitoring and Reporting Program; and c) adopt Resolution No. 2010 -_, approving Modification Permit No. 2007 -080 subject to findings and conditions. XVII. CURRENT BUSINESS 20. RESOLUTION NO. 2010-: FISCAL SUSTAINABILITY PLAN. Action: Adopt Resolution No. 2010 -_ relating to a Fiscal Sustainability Plan for the City of Newport Beach. 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. XIV. ADJOURNMENT - In memory of Oral Roberts, Roy Disney, and Nancy Bergeson. 10