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Home My WebLink About00 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, March 9, 2010 Regular Council Meeting - 7:00 p.m. KEITH D. CURRY Mayor MICHAEL F. HENN DON WEBB Mayor Pro Tern EDWARD D. SELICH Council Member STEVEN ROSANSKY Council Member 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 March 9, 2010 I. STUDY SESSION - Cancelled II. CLOSED SESSION - 5:00 p.m. - Council Chambers Conference Room A. Conference with Legal Counsel - Anticipated Litigation - Initiation Of Litigation (Government Code � 54956.9(c): One matter: 1. Potential initiation of litigation against on -line travel companies to recover outstanding transient occupancy tax. B. Public Employee Performance Evaluation (Government Code 6 54957(b)(1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of one public employee(s). 1. Titles: City Attorney C. Conference with Labor Negotiators (Government Code § 54957.6): Agency Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy, Human Resources Director Employee 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. Conference with Real Property Negotiator (Government Code 4 54956.8): Two properties Property: Access road to Sunset Ridge Park City Negotiator: Sharon Wood, Assistant City Manager; Dave Webb, City Engineer Negotiating Parties: Newport Banning Ranch Under Negotiation: Acquisition of access road easement to Sunset Ridge Park 2. Property: SCE Parcel located at location of proposed Marina Park City Negotiator: Dave Webb, City Engineer Negotiating Parties: Southern California Edison Under Negotiation: Potential acquisition of property for use in park project. 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 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. VIII. INVOCATION- Mr. Frank Carpenter D{. PRESENTATIONS Proclamation to Santa Ana Heights Redevelopment Agency Project Advisory Committee (PAC) Census 2010 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 (I - 10) 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 RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF FEBRUARY 23, 2010. 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. CONTRACTS AND AGREEMENTS 3. TRANSFER OF EXCESS BONITA CANYON BOND FUNDS. Approve Budget Amendment No. IOBA -033 appropriating $100,000 in the Bonita Canyon fund for additional improvements to Bonita Canyon Sports Park and authorize the transfer of the remaining excess Bonita Canyon Bond funds ($1,031,884) from the City improvement account to the NMUSD improvement account. [Continued from February 23, 2010 meeting.] 4. TSUNAMI WARNING SYSTEM (C -4152) — AWARD OF CONTRACT. a) Approve the project drawings and specifications; b) award Contract No. 4152 to International Line Builders, Inc. for the total bid price of $122,810.00, and authorize the Mayor and the City Clerk to execute the contract; and d) establish an amount of $12,281.00 (10 %) to cover the cost of unforeseen work. 5. IRVINE AVENUE SIDEWALK WIDENING (C -4432) — AWARD OF CONTRACT. a) Approve the project plans and specifications; b) declare the apparent low bid by Pivot Group, Inc. to be non - responsive; c) award Contract No. 4432 to S.J. Grigolla Construction Company, Inc. for the total bid price of $86,920.00, and authorize the Mayor and the City Clerk to execute the contract; and d) establish an amount of $8,700.00 (10 %) to cover the cost of unforeseen work. 6. BALBOA PIER EMERGENCY REPAIRS (C -4326) — COMPLETION AND ACCEPTANCE. 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 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. REVIEW OF SEAWALL INTEGRITY FOR BALBOA AND LITTLE BALBOA ISLANDS — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. Approve a Professional Services Agreement with Everest International Consultants, Inc. (Everest) of Long Beach, to conduct an assessment of the conditions of the seawalls surrounding Balboa and Little Balboa Islands (Islands) at a contract price of $116,931.00, and authorize the Mayor and City Clerk to execute the Agreement. 8. CITY CLERK FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (C- 4100). Approve the first amended employment agreement with City Clerk Leilani Brown For a total base compensation of $110,829.82. C. MISCELLANEOUS 9. PLANNING COMMISSION AGENDA FOR MARCH 4, 2010. Receive and file written report. 10. SECOND QUARTERLY REPORT ON PERFORMANCE MEASURES. Receive and file. 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 XVI. PUBLIC HEARINGS 11. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO UNIVERSAL WASTE SYSTEM, INC. a) Conduct public hearing; and b) adopt Ordinance No. 2010 -4, awarding a non - exclusive solid waste collection franchise to Universal Waste System, Inc. 12. OLD NEWPORT BOULEVARD GENERAL PLAN AMENDMENT - 328, 332 AND 340 OLD NEWPORT BOULEVARD (PA2008 -047) - GENERAL PLAN AMENDMENT NO. GP2008 -001 TO INCREASE THE ALLOWABLE FLOOR AREA TO LAND AREA RATIO (FAR) FOR THE PROJECT SITE FROM 0.5 FAR TO 1.0 FAR; USE PERMIT NO. UP2009 -005 TO ALLOW AN ELEVATOR AND STAIRWELL ENCLOSURE TO EXCEED THE 32 -FOOT BASE HEIGHT LIMIT); MODIFICATION PERMIT NO. MD2009 -016 TO ALLOW THE PROPOSED SUBTERRANEAN PARKING REA TO ENCROACH 3 FEET INTO THE 5 FOOT REAR YARD SETBACK; TRAFFIC STUDY NO. TS2009 -002 PURSUANT TO THE CITY S TRAFFIC PHASING ORDINANCE; AND A SEVEN SPACE OFF - STREET PARKING CREDIT COMMENSURATE WITH THE NUMBER OF ON- STREET PARKING SPACES AVAILABLE LONG THE PROJECT FRONTAGE. a) Conduct public hearing; and b) adopt Resolution No. 2010 -_, documenting the following City Actions: 1) adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program; 2) find that, based on the weight of the evidence in the administrative record, including Traffic Study No. TX2009 -002, that the Project complies with the Traffic Phasing Ordinance; 3) approve General Plan Amendment No. GP2008 -001 increasing the allowable FAR for the site to 1.0; and 4) approve Use Permit No. UP2009 -005, Modification Permit No. MD2009 -016 and the requested off - street parking credit. PUBLIC COMMENTS Public comments are invited on non - agenda matter jurisdiction of the Council. Speakers speaking, please state your name for the record. XVII. CURRENT BUSINESS items generally considered to be within the subject must limit comments to three (3) minutes. Before 13. SUNSET RIDGE PARK - APPROVAL OF AMENDMENT NO. 3 WITH EPT DESIGN FOR ADDITIONAL FINAL DESIGN SERVICES AND AMENDMENT NO. 2 WITH BONTERRA CONSULTING FOR ADDITIONAL ENVIRONMENTAL SERVICES. a) Approve Amendment No. 3 to Professional Services Agreement (PSA) with EPT Design of Irvine for Landscape Architectural Services for preparation of the Sunset Ridge Final Design at a not to exceed price of $71,660, and authorize the Mayor and City Clerk to execute the Amendment; and b) approve Amendment No. 2 to Professional Services Agreement (PSA) with BonTerra Consulting of Costa Mesa for environmental document preparation for the Sunset Ridge Park project at a not to exceed price of $55,000, and authorize the Mayor and City Clerk to execute the Agreement. 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. XIX, ADJOURNMENT