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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, SEPTEMBER 14, 2010, AT 7:00 P.M. COUNCIL CHAMBERS 3300 NEWPORT BOULEVARD 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 DAVID HUNT - City Attorney LEILANI BROWN- City Clerk DANA SMITH - 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 SEPTEMBER 14, 2010 I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. Conference with Legal Counsel- Existing Litigation (Government Code .& 54956.9(a)): Nine matters: 1. Pacific Shores v. Newport Beach, U.S. District Court Case No. SACV 08 -00457 AG (PLAx) 2. Newport Coast Recovery and Yellowstone Recovery v. City of Newport Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx); 3. 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) 4. NextG v. Newport Beach, U.S. District Court Case No. SACV1001286 DOC(JCX) 5. Abrams v. Newport Beach, U.S. District Court Case No. SCAB 09 404 DOC(MLGx) 6. Abrams v. Newport Beach, Orange County Superior Court Case No. 30- 2010 - 00346541 7. O'Hanlon v. Newport Beach, Orange County Superior Court Case No. 30 -2010- 00383963 8. Spaulding v. Newport Beach, Orange County Superior Court Case No. 30 -2010- 00369365 9. McCollum v. Newport Beach, Orange County Superior Court Case No. 30-2009 - 00309287-CU-PO-CJC 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 Dt. PRESENTATIONS International Literacy Proclamation Sister City Antibes, France Visitors California Regional Water Quality Control Board Letter of Appreciation for the Rhine Channel Project Appreciation from the Family of Marine Corporal Claudio Patino IV 1 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. 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 — 21) 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 MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE SPECIAL MEETING OF AUGUST 5, 2010, AND STUDY SESSION AND REGULAR MEETING OF AUGUST 10, 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 ADOPTION 3. OFF - PREMISES MASSAGE PERMITS. Conduct second reading and adopt Ordinance No. 2010 -14 relating to off - premises massage permits. 4. VIA LIDO INTERIM STUDY OVERLAY (PA2010 -081) — 3388 VIA LIDO - CODE AMENDMENT NO. CA2010 -006 AND THE ASSOCIATED STUDY PLAN. Conduct second reading and adopt Ordinance No. 2010 -15 approving Code Amendment No. CA2010 -006 with the associated Study Plan. C. RESOLUTION FOR ADOPTION 5. ACCEPT PROPOSITION 84 GRANT FUNDS. Adopt Resolution No. 2010 -_ authorizing the Director of Public Works to review and execute an agreement with the SWRCB to receive Proposition 84 funding to implement the City's Newport Coast Areas of Special Biological Significance (ASSN) Protection Implementation Program. 6. INSTALLATION OF STOP SIGNS AT THE INTERSECTIONS OF PARK AVENUE AT AMETHYST AVENUE, BALBOA AVENUE AT DIAMOND AVENUE, AND BALBOA AVENUE AT AMETHYST AVENUE. Adopt Resolution No. 2010- for the installation of STOP signs at the intersection of Park Avenue at Amethyst Avenue, Balboa Avenue at Diamond Avenue, and Balboa Avenue at Amethyst Avenue, to create three -way stop control at these intersections. REQUEST TO LIST THE RAWLINS SOLAR HOUSE IN THE CITY OF NEWPORT BEACH REGISTER OF HISTORICAL PROPERTY. Adopt Resolution No. 2010 -_ adding the Rawlins Solar House to the City of Newport Beach Register of Historic Property as a Major Historic Landmark (Class 1). D. CONTRACTS AND AGREEMENTS 8. APPROVAL OF FINAL BID EVALUATION, AUTHORIZATION TO ENTER INTO CONTRACT NEGOTIATIONS, AUTHORIZATION TO ENTER INTO CONTRACTS, AND AUTHORIZATION TO FULLY EXPEND COPS TECHNOLOGY GRANT FUNDS IN REGARDS TO THE JUSTICE AND HOMELAND SECURITY INTEGRATION AND CITATION PROCESSING PROJECT. a) Approve the Final Bid Evaluation Report from Deloitte Consulting for the Justice and Homeland Security Integration and Citation Procession Project ( "Project'); b) authorize the City Manager, in conjunction with the ILJAOC representative, to enter into contract negotiations with Sierra Systems for the integration portion of the Project, and Brazos Technology for the citation processing portion of the Project; c) authorize the City Manager to execute any contracts or other documents for the Project, to the extent that said contracts relate to the expenditure of the COPS Technology Grant Funds, subject to approval by the City Attorney; and d) authorize the complete expenditure of the COPS Technology Grant Funds, administered by the City of Newport Beach on behalf of the ILJAOC, for the Project. 9. CIVIC CENTER AND PARK — MATERIAL TESTING AND INSPECTION SERVICES — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH KOURY ENGINEERING & TESTING, INC. a) Approve a Professional Services Agreement with Koury Engineering & Testing, Inc. (Koury) of Chino, to provide material testing and inspection services for the Civic Center and Park Project at a not -to- exceed contract price of $865,498.00, and authorize the Mayor and City Clerk to execute the agreement; and b) approve Budget Amendment No. 11BA -005 appropriating $865,498.00 from the Major Facilities Master Plan Fund to Newport Beach Civic Center Project Account No. 7410- C1002009. 10. CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT - AWARD OF CONTRACT (C- 4315). a) Approve the project drawings and specification; b) award Contract No. 4315 to Anderson Air Conditioning, LP for the Total Bid Price of $195,434.00, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $19,543.00 to cover the unforeseen work; and d) approve Budget Amendment No. IIBA -007 appropriating $156,000.00 from the unappropriated AQMD fund Balance 1 to account no. 7290- C8002014. 11. AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN FOR THE DELIVERY OF NATURAL GAS (C- 2493). Approve Amendment No. 2 to agreement with Hoag Memorial Hospital Presbyterian for delivery of excess natural gas produced from the 16 City -owned oil wells as a by- product of oil extraction activities, and authorizes the Mayor and City Clerk to execute the agreement. 12. COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS — COMPLETION AND ACCEPTANCE (C- 4309). 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. 13. OCEAN PIERS CONDITION INSPECTION — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ASSOCIATED PACIFIC CONSTRUCTORS, INC. Approve a Professional Services Agreement with Associated Pacific Constructors, Inc. (APC) of Morro Bay, to inspect the below deck support structures of Newport Pier and Balboa Pier at a not -to- exceed price of $74,340.00, and authorize the Mayor and City Clerk to execute the agreement. 14. APPROVAL OF FOUR (4) LANDSCAPE CONTRACT AMENDMENTS. Approve the contract amendments with 1) West Coast Arborists, Inc. for an annual not to exceed amount of $710,000, 2) TruGreen Landcare, Inc. for an annual not to exceed amount of $820,000, 3) Park West Landscape, Inc. for an annual not to exceed amount of $455,000, and 4) Merchants Landscape Services, Inc. for an annual not to exceed amount of $710,000. 15. TERMINATE AGREEMENT WITH HYDROBLAST, INC. FOR SIDEWALK STEAM CLEANING SERVICES AND CONTRACT WITH BONANZA STEAM CLEANING, INC. FOR SIDEWALK STEAM CLEANING SERVICES. Terminate the agreement with HydroBlast and approve an agreement with Bonanza Steam Cleaning to provide sidewalk steam cleaning services for two (2) years with an option of three (3) one -year extensions. 16. JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 — APPROVAL OF SETTLEMENT AGREEMENT WITH 3901 MACARTHUR BLVD., LLC. a) Approve the Settlement Agreement with 3901 MacArthur Boulevard, LLC for the acquisition of real property for the Jamboree Road Bridge Widening over State Route 73 Project, and authorize the Mayor and City Clerk to execute the Settlement Agreement and Certificate of Acceptance; and b) authorize staff to open a escrow account and make the necessary payments to complete the transaction. 17. AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS — COMPLETION AND ACCEPTANCE (C- 3967). 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. 18. NO REPORT. 19. PROFESSIONAL SERVICES AGREEMENT FOR INTERIM MARINA MANAGEMENT SERVICES AT THE BALBOA YACHT BASIN WITH BASIN MARINE, INC. a) Approve the Professional Services Agreement with Basin Marine, Inc. to manage the Balboa Yacht Basin on an interim basis; b) approve Budget Amendment No. 11BA -008 appropriating $28,000 from unappropriated reserves (Tidelands) to account #2371 -8080 Professional and Technical Services; and c) waive the requirement in Council Policy F -14 for the City to contact at least three qualified consultants for proposals. E. MISCELLANEOUS 20. PLANNING COMMISSION AGENDAS FOR AUGUST 19, 2010 AND SEPTEMBER 9, 2010. Receive and file written report. 21. ACCEPTANCE OF PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT. Authorize the City Council to accept grant funds in the amount of $16,303.77 from the Public Safety Interoperable Communications (PSIC) Grant Program funds to offset the cost of previously purchased Motorola XTL 5000 portable radios. 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 HEARINGS 22. REVIEW OF THE FY 2009 -2010 COMMUNITY BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. a) Conduct public hearing; and b) approve the Draft Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2009 -2010. 23. COASTAL LAND USE PLAN CONSISTENCY AMENDMENT (PA2010 -052) - 1) GENERAL PLAN AMENDMENT NO. GP2010 -001 - STATISTICAL AREA Bl - 6306 -6310 W. COAST HIGHWAY; 2) GENERAL PLAN AMENDMENT NO. GP2010- 004 - STATISTICAL AREA H4 - 1221 W. COAST HIGHWAY & 2300 W. COAST HIGHWAY; 3) GENERAL PLAN AMENDMENT NO. GP2010 -005 - STATISTICAL AREA B5 - 2102 W. OCEAN FRONT, 2306 W. OCEAN FRONT, 3366 VIA LIDO, AND LIDO PENINSULA (INCLUDING SHIPYARD WAY, ANCHORAGE WAY, THE RHINE ANZA STREET, BEACH DRIVE, CABRILLO STREET, NOMAD STREET, DRAKE STREET, EL PASEO STREET, BOLIVAR STREET, FREEMONT STREET, AND CHANNEL ROAD); 4) GENERAL PLAN AMENDMENT NO. GP2010 -006 - STATISTICAL AREA D2 - 500 -514 WEST BALBOA BOULEVARD; 5) GENERAL PLAN AMENDMENT NO. GP2010 -007 - STATISTICAL AREA D3 - 600 E. BAY AVENUE, 600 EDGEWATER PLACE, 105 MAIN STREET, 707 E. OCEAN FRONT; AND 6) GENERAL PLAN AMENDMENT NO. GP2010 -008 - STATISTICAL AREA Fl - 1901 -1911 BAYSIDE DRIVE. a) Conduct public hearing; and b) adopt Resolution No. 2010- approving General Plan Amendment No. GP2010 -001, General Plan Amendment No. GP2010 -004, General Plan Amendment No. GP2010 -005, General Plan Amendment No. GP2010 -006, General Plan Amendment No. GP2010 -007, and General Plan Amendment No. GP2010 -008. 24. NEWPORT COMMERCE PLAZA - PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT (PA2010 -007) TO CHANGE THE LAND USE DESIGNATION IN INDUSTRIAL SITE NO. 4 FROM "INDUSTRIAL" TO "OFFICE," AND TO CHANGE THE ON -SITE PARKING REQUIREMENT RATIO. a) Conduct public hearing; and b) adopt Ordinance No. 2010 -16 approving Planned Community Development Plan Amendment No. PD2010 -002. 25. CODE AMENDMENT AND INTERIM STUDY OVERLAY FOR THE NEWPORT BEACH WINERY PROPOSED AT 869 WEST 16TH STREET. a) Conduct public hearing; and b) introduce Ordinance No. 2010- approving Code Amendment No. CA2010 -005 with the associated Study Plan, and pass to second reading on September 28, 2010. 26. HOAG MEMORIAL HOSPITAL PRESBYTERIAN DEVELOPMENT AGREEMENT ANNUAL COMPLIANCE REVIEW. After review of the supplementary material submitted by Hoag, a) conduct a public hearing; and b) determine that Hoag is in good faith interim compliance with the Development Agreement. 27. MORNINGSIDE RECOVERY DEVELOPMENT AGREEMENT (DA2010 -001) TO PROVIDE AN ENTITLEMENT FOR THE OPERATION OF RESIDENTIAL CARE FACILITIES IN THE CITY WHILE ALSO CONTAINING LIMITATIONS ON THE TOTAL NUMBER OF CLIENTS IN RECOVERY FOR DRUG AND ALCOHOL ABUSE IN THE CITY, ON OCCUPANCIES AT ITS CURRENT FACILITIES AND WITHIN THE PENINSULA ZONE, AND CONTROLS ON THE OPERATION OF THESE FACILITIES. a) Conduct public hearing; and b) introduce Ordinance No. 2010- _ approving Development Agreement No. DA2010 -001, and pass to second reading on September 28, 2010. XVI. PUBLIC COMMENTS XVII. 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. 28. NEWPORT BEACH CIVIC CENTER PROJECT: PARKING STRUCTURE, GUARANTEED MAXIMUM PRICE (GMP) PHASE TWO. a) Approve an amendment to the Construction Manager At Risk Contract with C.W. Driver of Irvine, amending the Guaranteed Maximum Price (GMP) to add the design and construction of the Parking Structure and miscellaneous items of work (GMP #2) for the Newport Beach Civic Center project at a not to exceed price of $7,426,853, and authorize the Mayor and City Clerk to execute the contract; b) establish a budget of 5% of GMP #2 ($350,000) as the City's contingency for unforeseen costs and authorize the Public Works Director and City Manager to execute change orders upon concurrence by the City Council Building Committee; and c) approve Budget Amendment No. 11BA -006 appropriating $7,776,853 from the Major Facilities Master Plan Fund to Newport Beach Civic Center Project Account No. 7410-C1002009. 29, NAMING OF THE EVELYN HART EVENT CENTER. Approve the recommendation of the Parks, Beaches & Recreation Commission for naming of the Evelyn Hart Event Center located at the OASIS Senior Center. 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