HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
REGULAR CITY COUNCIL MEETING
TUESDAY, APRIL 27, 2010, AT 7:00 P.M.
CENTRAL LIBRARY - 1000 AVOCADO AVENUE Note New
men
KEITH D. CURRY
Mayor
MICHAEL F. HENN DON WEBB
Mayor Pro Tem
EDWARD D. SELICH
Council Member
Council Member
LESLIE J. DAIGLE
Council Member
STEVEN ROSANSKY NANCY GARDNER
Council Member Council Member
DAVE KIFF - City Manager
LEONIE MULVIHILL - Acting City Attorney
LEILANI BROWN - City Clerk
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.newportbeachea.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
CENTRAL LIBRARY- 1000 AVOCADO AVENUE Note New
April 27, 2010 Location
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - After Study Session - Central Library Conference Room
A. Conference With Legal Counsel - Existing Litigation (Government Code
§ 54956.9(A)): One matter:
Cross -Claim Against Morningside Recovery as the only remaining portion of the
Concerned Citizen's v. City of Newport Beach - U.S. District Court Case No. SACV 08-
00192-JVS (RNBx)
B. Conference with Legal Counsel - Anticiaated Litigation - Exposure to Litigation
(Government Code § 54956.9(b)): Two matters:
Potential exposure to litigation on one matter(s) based upon facts and circumstances that might
result in litigation against the City but which are not yet known to a potential plaintiff or
plaintiffs and disclosure of the facts or circumstances would jeopardize the City's ability to
resolve the matter.
C. Conference with Legal Counsel - Anticinated Litigation - Initiation to Litigation
(Government Code Section 54956.9(c)): One matter:
Potential initiation of litigation for violation of the Brown Act relating to the approval of the
Access Agreement between the City of Newport Beach and Newport Banning Ranch, LLC
Regarding Sunset Ridge Park for the Sunset Ridge Project.
D. Public Emulovee Performance Evaluation. Disciuline or Dismissal (Government
Code § 54957(B)(1)):
The City Council will meet in closed session to consider the, employment, evaluation of
performance, discipline, or dismissal of the following public employee(s).
Titles: City Attorney
E. 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: Police Employees Association
(PEA), Police Management Association (PMA), Fire Management Association (FMA) and,
Association of Newport Beach Ocean Lifeguards (ANBOL)
F. 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 one public employee(s).
Titles: City Manager
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.
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
IX. PRESENTATION
National Donate Life Month Proclamation
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 (1 — 14) 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 APRIL 13, 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. ORDINANCES FOR INTRODUCTION
3. AMENDMENT OF NEWPORT BEACH MUNICIPAL CODE SECTION
5.04.330 PERTAINING TO BUSINESS TAX APPEALS. Introduce Ordinance
No. 2010 -_ relating to business tax appeals amending Section 5.04.330 of the
Newport Beach Municipal Code, and pass to second reading on May 11, 2010.
4. PARKING METER AND PARKING LOT FEE INCREASES. a) For parking
meters: 1) adopt Resolution No. 2010 -_ amending Resolution No. 2000 -38, to
increase the parking meter fees for off - street parking lots by $0.50/hour, and
2) introduce Ordinance No. 2010 -_ amending Newport Beach Municipal Code
Section 12.44.040, to increase the parking meter fees for on- street meters by
$0.50/hour, and pass a second reading to May 11, 2010; b) for Balboa Pier Parking
Lot, adopt Resolution No. 2010 -_ amending Resolution No. 2004 -43, to adjust
parking rates to the rates listed above; c) for Corona del Mar State and City Beach
Parking Lot, adopt Resolution No. 2010 -_ amending Resolution No. 2004 -43, to
eliminate weekend and weekday rates, and to adjust parking rates to the rates
listed above; and d) for Memorial Day, Fourth of July and Labor Day, adopt
Resolution No. 2010 -_ amending Resolution No. 2004 -43, to adopt the flat rates
listed above for Memorial Day, Fourth of July and Labor Day at Balboa Municipal
Parking Lot and Corona del Mar State Beach Parking Lot.
C. CONTRACTS AND AGREEMENTS
5. LANDFILL RATE ADJUSTMENT FOR THE CITY S SOLID WASTE
DISPOSAL AGREEMENTS. Approve the landfill rate adjustments as specified
in the two solid waste agreements with CR &R Inc., the Residential Solid Waste
Collection and Recycling in the Newport Coast Agreement (Coast Agreement), and
the Residential Solid Waste Transfer Services and Material Processing and
Recycling Agreement (Transfer Agreement).
6. APPROVAL OF CONTRACT BETWEEN THE NEWPORT BEACH POLICE
DEPARTMENT AND SPEEDTRACK, INC. Authorize the Mayor to execute a
Licensing Agreement and Order Document between the Newport Beach Police
Department and SpeedTrack, Inc.
7. ORANGE COUNTY AUTO THEFT TASK FORCE (OCATT) MEMORANDUM
OF AGREEMENT. Renew the present Memorandum of Agreement with the
Orange County Auto Theft Task Force (OCATT) for an additional eight years.
8. BALBOA BOULEVARD PAVEMENT REHABILITATION — COMPLETION
AND ACCEPTANCE (C- 4144). 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; c) release the Faithful
Performance Bond one year after Council acceptance.
9. MCFADDEN SQUARE — PHASE 2 — COMPLETION AND ACCEPTANCE
(C- 4365). 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; c) release the Faithful
Performance Bond one year after Council acceptance.
10. TRAFFIC SIGNAL MODERNIZATION PROJECT PHASES 4 AND 7
CONSTRUCTION (C -4395) — AWARD OF CONTRACT. a) Approve the project
plans and specifications; b) award the contract (C -4395) to Traffic Development
Services, Inc. for the total bid price of $702,447.41, and authorize the Mayor and
the City Clerk to execute the contract; c) establish an amount of $70,000 (10 %) to
cover the cost of unforeseen work; d) authorize IT staff to procure required Ethernet
equipment for an estimated cost of $103,000; and e) approve Budget Amendment
No. 10BA -042 transferring $71,000.00 from the unappropriated Transportation and
Circulation Fund balance to the Traffic Signal Modernization Phases 4 and 7
Account No. 7261- C3002006.
D. MISCELLANEOUS
11. PLANNING COMMISSION AGENDA FOR APRIL 22, 2010. Receive and file
written report.
12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT
BEACH PUBLIC LIBRARY FOUNDATION (NBPLF) AND APPROPRIATE
FUNDS FOR SALARIES AND MAINTENANCE AND OPERATIONS
BUDGET FOR FY 2009/10. Approve Budget Amendment No. 10BA -041 to
increase revenue estimates by $7,318.00 in Account No. 4090 -5893 (Library
Foundation /NBPLF) and by $2,600.00 in Account No. 4010 -5901 [expenditures
estimates will be increased by the same amounts in Division 4093 (Designated
Gifts) and Division 4060 (Literacy Services) respectively].
13. APPOINTMENT BY MAYOR OF AD HOC APPOINTMENTS COMMITTEE
TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE
FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES
SCHEDULED TO OCCUR ON JUNE 30, 2010. Confirm the Mayor's
appointment of Mayor Pro Tem Michael Henn, Council Member Edward Selich, and
Council Member Nancy Gardner to serve on the Ad Hoc Appointments Committee
to review applications and make recommendations to the full Council for the Board
and Commission vacancies scheduled to occur on June 30, 2010.
14. UTILIZE URBAN AREA SECURITY INITIATIVE (UASI) FUNDS TO
PURCHASE A MULTI - DISCIPLINE VOLUNTEER MANAGEMENT/
EQUIPMENT MUTUAL AID TRAILER. a) Accept Urban Area Security
Initiative (UASI) grant funds to purchase volunteer mutual aid trailer and
additional equipment for $31,234.52; b) approve Budget Amendment No. IOBA -040
increasing the revenue estimates by $31,234.52 in 2356 -4566, UASI Grant
Equipment, and increasing expenditure appropriations by $31,234.52 in 2356 -9031,
UASI Grant Equipment; and c) approve a sole source contract with JLG
Enterprises with an amount not to exceed $25,000 for the trailer (additional
equipment totaling $6,234.52 will be purchased separately).
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.
/OVA
XVII.
PUBLIC COMMENTS
Public comments are invited on non- agenda
matter jurisdiction of the Council. Speakers
speaking, please state your name for the record.
PUBLIC HEARINGS
items generally considered to be within the subject
must limit comments to three (3) minutes. Before
15. HOAG MEMORIAL HOSPITAL PRESBYTERIAN - DEVELOPMENT AGREEMENT
ANNUAL COMPLIANCE REVIEW. a) Conduct a public hearing and; b) determine that
Hoag is in good faith compliance with the terms of the Development Agreement.
16. CITIZEN PARTICIPATION PLAN FOR 2010 -2014 CONCERNING COMMUNITY
PLANNING AND DEVELOPMENT PROGRAMS THROUGH THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). a) Conduct a
public hearing to receive comments on the 2010 -2014 Citizens Participation Plan;
b) approve the 2010 -2014 Citizen Participation Plan; and c) adopt Resolution No. 2010 -
authorizing the City Manager to submit the 2010 -2014 Citizen Participation Plan to HUD.
17. COMMUNITY DEVELOPMENT BLOCK GRANT FISCAL YEAR 2010 -2014
CONSOLIDATED PLAN. a) Conduct a public hearing to receive comments on the 2010-
2014 Consolidated Plan; b) approve the 2010 -2014 Consolidated Plan; and c) adopt
Resolution No. 2010 -_ authorizing the City Manager to submit the FY 2010 -2014
Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD).
18. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FISCAL YEAR 2010 -2011
ONE -YEAR ACTION PLAN. a) Conduct a public hearing to receive comments on the
2010 -2011 CDBG Action Plan; b) approve the 2010 -2011 Action Plan; and c) adopt
Resolution No. 2010 -_ authorizing the City Manager to submit the FY 2010 -2011
application for CDBG funds and One -Year Action Plan to the U.S. Department of Housing
and Urban Development (HUD), with any modifications to project allocations necessary to
conform the allocations to HUD's final 2010 -2011 CDBG grant allocations and currently
unallocated funds in the City's account with HUD, and authorizing the City Manager to
execute the FY 2010 -2011 CDBG Program Grant Agreement an all related documents on
behalf of the City.
19. CONFIRM APPOINTMENTS TO THE CITIZENS TECHNOLOGY TASK FORCE.
a) Make appointments from the fourteen (14) applications submitted to serve on the
Citizens Technology Task Force; and b) confirm the Mayor's appointment of Ted Cooper as
the Chairperson to the Citizens Technology Task Force, if selected as a member.
20. AMENDMENT TO TITLE 19, "SUBDIVISIONS," OF THE NEWPORT BEACH
MUNICIPAL CODE; CODE AMENDMENT NO. CA2005 -004; AND ADOPTION OF
IN -LIEU HOUSING FEE (PA2005 -062). a) Introduce Ordinance No. 2010- amending
Title 19, "Subdivisions," of the Newport Beach Municipal Code to incorporate Chapter 19.54
(Inclusionary Housing) establishing inclusionary housing requirements and an in -lieu
housing fee; and b) adopt Resolution No. 2010 -_ setting the amount of the in -lieu housing
fee at $18,500 per market -rate unit and establishing an annual adjustment to the fee.
21. CIVIC CENTER AND PARK DEVELOPMENT PROJECT — APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR
BIOLOGICAL, CULTURAL, AND PALEONTOLOGICAL MONITORING
SERVICES. Approve a Professional Services Agreement with LSA Associates, Inc., for
biological, cultural, and paleontological monitoring, and authorize the Mayor and City
Clerk to execute the agreement.
22. NEWPORT BEACH CIVIC CENTER PROJECT - PROFESSIONAL SERVICES
AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR ARCHITECTURAL
DESIGN SERVICES — CONSTRUCTION DOCUMENTS AND SUPPORT. a) Approve
the 100% Design Development phase plans; b) approve a Professional Services Agreement
with Bohlin Cywinski Jackson, of San Francisco, for the architectural design services
including Construction Document preparation and Construction Support at a not to exceed
price of $ (to be provided on Friday, April 23), and authorize the Mayor and City
Clerk to execute the Agreement; and c) approve Budget Amendment No. BA10 -043 (to be
provided on Friday, April 23) appropriating $ (to be provided on Friday, April 23)
from the Major Facilities Master Plan Fund to Newport Beach Civic Center Project Account
No. 7410-C1002009.
23. NEWPORT BEACH CIVIC CENTER PROJECT - PROFESSIONAL SERVICES
AGREEMENT WITH C.W. DRIVER FOR PROJECT MANAGEMENT AND
CONSTRUCTION MANAGEMENT AT RISK, a) Approve a Professional Services
Agreement with C.W. Driver, Irvine, California, for the project management of the project
design team during Construction Document preparation at a not to exceed price of
$ (to be provided on Friday, April 23) and authorize the Mayor and City Clerk to
execute the Agreement; b) approve a Professional Services Agreement with C.W. Driver, of
Irvine, for the Construction Management at Risk at a not to exceed price of $ (to be
provided on Friday, April 23) and authorize the Mayor and City Clerk to execute the
Agreement; c) approve the Early Mass Excavation Phase bid package at a cost not to
exceed, $ (to be provided on Friday, April 23); and d) approve Budget Amendment
No. BA10 -044 (to be provided on Friday, April 23) appropriating $ (to be provided
on Friday, April 23) from the Major Facilities Master Plan Fund to Newport Beach Civic
Center Project Account No. 7410- C1002009.
24. ACCESS AGREEMENT REGARDING SUNSET RIDGE PARK. Approve and
authorize the Mayor, City Manager as appropriate, and City Clerk to execute the Access
Agreement between the City of Newport Beach and Newport Banning Ranch, LLC
regarding Sunset Ridge Park. [First discussed at the March 23, 2010 meeting]
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.
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