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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, OCTOBER 12, 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 OCTOBER 12, 2010 I. STUDY SESSION - Cancelled II. CLOSED SESSION - Council Chambers Conference Room - 5:30 p.m. A. Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9(a )): Five matters: 1. Pacific Shores v. Newport Beach, U.S. District Court Case No. SACV 08 -00457 AG (PLAN) 2. Newport Coast Recovery and Yellowstone Recovery v. City of Newport Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx) 3. City of Newport Beach v. Back Bay Court, LLC, Orange County Superior Court Case No. 30- 2010 - 00385190 B. Conference with Labor Negotiators (Government Code S 54957.6): Agency Designated Representatives: Negotiator Bill Avery; Human Resources Director Terri Cassidy Emnlovee Organizations: Newport Beach City Employees Association (CEA); Newport Beach Professional and Technical Employees Association (Prof- Tech); Fire Management Association (FMA) C. 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. • Title: 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 - Mr. Frank Carpenter IX. PRESENTATIONS -None 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) XIL CONSENT CALENDAR All matters listed under CONSENT CALENDAR (I — 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 FOR THE STUDY SESSION AND REGULAR MEETING OF SEPTEMBER 28, 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. FIRST READING AND INTRODUCTION OF NEWPORT BEACH MUNICIPAL CODE CHAPTER 2.24 REGARDING THE CIVIL SERVICE SYSTEM TO CONDITIONALLY REPLACE THE CURRENT CHAPTER 2.24 ADOPTED VIA ORDINANCE NO. 866. Pursuant to the recommendations of the Civil Service Board, staff recommends introduction and first reading of Ordinance No. 2010- replacing Newport Beach Municipal Code Chapter 2.24 governing the operations of the Civil Service System, and passing the matter onto the October 26, 2010 agenda for second reading and conditional adoption. C. RESOLUTION FOR ADOPTION 4. RESOLUTION FOR APPLICATION OF HABITAT CONSERVATION GRANT FUND PROGRAM FOR UPPER BUCK GULLY RESERVE AREA TRAIL IMPROVEMENTS. Adopt Resolution No. 2010 -_ for application of grant funds from the Habitat Conservation Fund Program for Upper Buck Gully Reserve Area trail improvements. D. CONTRACTS AND AGREEMENTS 5. SEISMIC RETROFIT OF SAN DIEGO CREEK BRIDGES AND GOLDENROD PEDESTRIAN OVERCROSSING — AWARD OF CONTRACT NO. 3531. a) Approve the project plans and specifications; b) award Contract No. 3531 to Beador Construction Company for the total bid price of $706,034, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $71,000 to cover the cost of unforeseen work. 6. SEISMIC RETROFIT OF SAN DIEGO CREEK BRIDGES AND GOLDENROD PEDESTRIAN OVERCROSSING — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH AECOM. Approve a Professional Services Agreement with AECOM of Orange, California, for the San Diego Creek Bridge and Goldenrod Pedestrian Overcrossing bridge retrofits at a not to exceed price of $186,673.94, and authorize the Mayor and City Clerk to execute the Agreement. SEISMIC RETROFIT OF SAN DIEGO CREEK BRIDGES AND GOLDENROD PEDESTRIAN OVERCROSSING — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR ENVIRONMENTAL PERMIT MANAGEMENT. Approve a Professional Services Agreement with LSA Associates, Inc. of Irvine, California, for the San Diego Creek Bridge and Goldenrod Pedestrian Overcrossing bridge retrofits at a not to exceed price of $55,060, and authorize the Mayor and City Clerk to execute the Agreement. S. SUPPLEMENTAL STAFF SUPPORT SERVICES — APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH ANDERSON -PENNA PARTNERS, INC. Approve Amendment No. 2 to Professional Services Agreement with Anderson - Penna Partners, Inc. (Anderson - Penna) for Engineering, Inspection Support, and Plan Check Review Services raising the not to exceed total budgeted funding cap to $500,000, and authorize the Mayor and City Clerk to execute the Agreement. 9. TRAFFIC SIGNAL MODERNIZATION — NEWPORT CENTER (PHASE 5) DESIGN — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC. Waive Council Policy F -14 and approve a Professional Services Agreement with Iteris, Inc. of Santa Ana, California, for design of Phase 5 (Newport Center) of the Traffic Signal Modernization Project at a not to exceed price of $155,700, and authorize the Mayor and City Clerk to execute the Agreement. 10. JAMBOREE ROAD WIDENING OVER STATE ROUTE 73 (C -3724) — APPROVAL OF AMENDMENT NO. 1 TO THE CONSTRUCTION COOPERATIVE AGREEMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS). Approve and execute Amendment No. 1 to extend the term of Agreement No. 12 -562 with California Department of Transportation (Caltrans) for improvements to Jamboree Road over State Route 73. 11. FIRST AMENDMENT TO AFFORDABLE HOUSING AGREEMENT WITH SEAVIEW LUTHERAN PLAZA. a) Approve and authorize the Mayor and City Clerk to execute the amendment; and b) approve Budget Amendment No. 11BA -012 transferring $6,300 from the Affordable In -Lieu Housing reserve account #010 -3619 to the Economic Development Other Miscellaneous Expenses account #2720 -8300, to provide funding for Seaview Lutheran to install the required backflow prevention device. 12. ON -CALL MAINTENANCE AND REPAIR SERVICES AGREEMENT WITH JOHN M. RABUN, DBA J.M. RABUN COMPANY. Approve a three -year contract with John M. Rabun, DBA J.M. Rabun Company, for on -call light maintenance and repair services for City facilities at a cost not to exceed $100,000 per year. E. MISCELLANEOUS 13. PLANNING COMMISSION AGENDA FOR OCTOBER 7, 2010. Receive and file written report. 14. AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS WITH CONSULTING FIRMS PROVIDING SERVICES RELATED TO NEWPORT BANNING RANCH DEVELOPMENT APPLICATION. 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. PUBLIC HEARINGS 15. RECONSIDERATION OF CLIFF DRIVE APPEAL (PA2009 -149) — 2949 CLIFF DRIVE — MODIFICATION PERMIT NO. MD2009 -030. a) Reconsider the denial of an appeal of the Planning Commission's decision to deny Modification Permit No. MD2009- 030; b) conduct a de novo hearing; and c) adopt Resolution No. 2010 - granting the appeal and approving Modification No. 2009 -030 as revised, subject to findings and conditions. 16. ZONING CODE UPDATE (PA2009 -034) — CODE AMENDMENT NO. 2009 -001 — NEGATIVE DECLARATION NO. 2010 -005 — TO IMPLEMENT THE CITY'S LAND USE ELEMENT AND OTHER POLICIES AFFECTING LAND USE AND DEVELOPMENT CONTAINED IN THE 2006 GENERAL PLAN. a) Adopt Resolution No. 2010 - adopting Negative Declaration No. ND2010 -005; and b) introduce Ordinance No. 2010 - which replaces in its entirety Title 20 (Planning and Zoning) of the Newport Beach Municipal Code, and pass to second reading on October 26, 2010. 17. ANNUAL REVIEW OF ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT FOR SOBER LIVING BY THE SEA (PA2008 -199). Continue the item to the regular meeting of November 9, 2010, in order to provide adequate time to comprehensively address all issues raised in the process of reviewing the Zoning Agreement. XVI. 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. XVII. CURRENT BUSINESS 18. APPOINTMENT OF MEMBERS TO THE CITIZENS BICYCLE SAFETY COMMITTEE. Appoint seven members to the Citizens Bicycle Safety Committee. 9 19. REVIEW OF OFFICE OF THE CITY ATTORNEY MISSION, GOALS AND STANDARDS. Receive and file, or give direction as you deem appropriate. 20. NEWPORT BANNING RANCH WATER SUPPLY ASSESSMENT. Adopt Resolution No. 2010 - approving the Newport Banning Ranch Water Supply Assessment. 21. SOLAR ENERGY SYSTEM INSTALLATIONS. Explore and discuss ways to provide meaningful oversight of solar energy systems. 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