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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, April 14, 2009 Regular Council Meeting - 7:00 p.m. EDWARD D. SELICH Mayor KEITH D. CURRY DON WEBB Mayor Pro Tem Council Member MICHAEL F. HENN Council Member STEVEN ROSANSKY Council Member LESLIE J. DAIGLE Council Member NANCY GARDNER Council Member HOMER BLUDAU — 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 web site. The address is: http://www.city.newport-beach-ca-us/ 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 & PAGERS OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD April 14, 2009 I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. Conference with Legal Counsel - Existina Litiaation (Government Code $ 54956.9(a)): Six matter(s): 1. Concerned Citizen's v. City of Newport Beach, U.S. District Court Case No. SACV 08- 00192 -JVS (RNBx) 2. Pacific Shores v. Newport Beach, U.S. District Court Case No. SACV 08- 00457 AG (PLax) 3. Sober Living By The Sea v. City of Newport Beach, U.S. District Court Case No. SACV 08 -00200 JVS (RNBx) 4. City of Newport Beach v. Morningside Recovery, Oranee County Superior Court Case No.07CC11694 5. Pacific Shores v. Newport Beach, U.S. Department of Housing and Urban Development - California - Investigation No. 09 -08. 0592 -8; U.S. Department of Justice Investigation No. 09 -08- 0592 -8 6. Newport Coast Recovery v. City of Newport Beach, Housing and Urban Development - California - Investigation No. 09 -09- 0713 -8 B. Conference with Leaal Counsel - Anticipated Litiaation - Exposure to Litigation (Government Code § 54956.9(b)): One matter(s): 1. Potential exposure to litigation based upon specific facts and circumstances arising out of the denial of Newport Coast Recovery, LLC's application for a Use Permit. C. Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation (Government Code S 54956.9(c)): One matter: 1. Potential initiation of litigation against the City of Irvine for violation of the Brown Act and the California Environmental Quality Act when adopting regulation changes in the Irvine Business Complex regarding Accessory Business Uses, D. Public Employee Performance Evaluation (Government Code $ 54957(b)(1)): Title: City Manager TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS RECORDED. RED LIGHT WILL SIGNIFY WHEN SPEAKERS TIME LIMIT IS UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. 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 BLVD. DURING NORMAL BUSINESS HOURS. IN ADDITION, SUCH WRITINGS AND DOCUMENTS WILL BE POSTED ON THE CITY'S WEBSITE AT W W W.CITY.NEWPORT- BEACH.CA.US E. Conference with Labor Neeotiators (Government Code $ 54957.6): Agency Designated Representatives: Terri Cassidy, Human Resources Director Employee Organization: Lifeguard Management Association 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 PRESENTATIONS Presentation by the Volunteers in Policing (VIP) in Recognition of Achieving the $1 Million Mark With of Volunteer Hours Eco- Fabulous Event Sponsorship by Inside the Outdoors Foundation Jeremy Piasecki, Head Coach, Afghanistan National Water Polo Team 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 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 and pagers 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 NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 19) 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. Vol READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR MEETING OF MARCH 24, 2009. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND full of all ordinances and resolutions Clerk to read by title only. CONTRACTS AND AGREEMENTS RESOLUTIONS. Waive reading in under consideration, and direct City IRVINE TERRACE LANDSCAPE IMPROVEMENTS - AWARD OF CONTRACT (C- 3865). a) Approve the project plans and specifications; b) award the contract (C -3865) to Tal Cal Engineering, Inc. for the total bid price of $88,982.00, and authorize the Mayor and City Clerk to execute the contract; and c) establish $8,900.00 (10 %) to cover construction contingency. 4. 2008 -2009 CITYWIDE SLURRY SEAL PROGRAM - AWARD OF CONTRACT (C- 4086). a) Approve the project plans and specifications; b) award the contract (C -4086) to Pavement Coatings Company for the total bid price of $463,100.00, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $46,000 to cover the cost of unforeseen work. TRAFFIC SIGNAL MODERNIZATION PHASE 1 CONSTRUCTION (C- 3975) - COMPLETION AND ACCEPTANCE. a) Accept the completed work; b) authorize the City Clerk to file a Notice of Completion; c) 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 d) release the Faithful Performance Bond one year after Council acceptance. 6. TRAFFIC SIGNAL MODERNIZATION PHASES 2 AND 3 CONSTRUCTION - AWARD OF CONTRACT (C- 3976). a) Approve the project plans and specifications; b) award the contract (C -3976) to C.T. & F., Inc. for the total bid price of $520,299.47, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $78,000 (15 %) to cover the cost of unforeseen work. WESTCLIFF STREET LIGHT REPLACEMENT (C -3868) - COMPLETION AND ACCEPTANCE. a) Accept the completed work; b) authorize the City Clerk to file a Notice of Completion; c) 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 d) release the Faithful Performance Bond one year after Council acceptance. 8. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES AND AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND COAST COMMUNITY COLLEGE DISTRICT. a) Receive and file notice of permit application; and b) authorize the City Manager and City Clerk to execute an agreement between the City of Newport Beach and Coast Community District. 9. COUNTY OF ORANGE CITY AID PROGRAM (CAP) AGREEMENT FOR FISCAL YEAR 2009 -2010. Approve the agreement between the County of Orange and the City of Newport Beach as required for participation in the County's Proposition 42 City Aid Program (CAP), and authorize the Mayor and City Clerk to execute the agreement. 10. PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR ENVIRONMENTAL SERVICES ON THE CITY HALL AND PARK DEVELOPMENT PLAN. Approve Amendment No. 2 to the Professional Services Agreement with LSA Associates, Inc., and authorize the Mayor and City Clerk to execute the amended agreement. 11. EMERGENCY REPAIR OF OIL PRODUCTION WELL NO. 11. Approve the Letter Agreement with Oil Well Service Company for emergency repair services to repair Oil Production Well No. 11. 12. CORONA DEL MAR CONCESSION (FUJI GRILL) - AMENDMENT TO CONCESSION AND LEASE AGREEMENT. Authorize the Mayor and City Clerk to execute the Third Amendment to the Corona del Mar State Beach Concession and Lease Agreement. 13. PROFESSIONAL SERVICES AGREEMENT FOR GEOTECHNICAL SOILS EVALUATION AS PART OF A CONCEPTUAL DESIGN PLAN FOR A CONFINED AQUATIC DISPOSAL (CAD) SITE IN NEWPORT HARBOR. a) Authorize the Mayor and City Clerk to execute a professional services agreement with Anchor QEA to conduct a geotechnical soils evaluation for a possible Confined Aquatic Disposal (CAD) site in Newport Harbor; and b) approve a budget amendment (09BA -047) taking $61,600 in unappropriated General Fund reserves and assign these funds to Capital Improvement Project 47014- C4402001 (Newport Harbor Dredging Project). C. MISCELLANEOUS 14. APPOINTMENT TO THE MEDIA AND COMMUNICATIONS COMMITTEE. Confirm Mayor Selich's appointment of Council Member Rosansky to the Media and Communications Committee. 15. AWARD THE PURCHASE OF SCOTT HUSH AIR COMPRESSOR. Award the purchase of Scott. Hush Air Compressor to Allstar Fire Equipment, Inc. for the total cost of $41,747.30. 16. PURCHASE OF SCOTT AIR PACK EQUIPMENT AND PARTS. Award the purchase of Scott Air Pack Equipment and Parts to Allstar Fire Equipment, Inc. for the total cost of $54,242.18. 17. PURCHASE OF COMMUNICATION SUITES FOR NEW PARAMEDIC VANS. a) Authorize the purchase of radios, mobile data computers, CPS trackers and miscellaneous electronic equipment from several vendors for two new paramedic vans; and b) approve a budget amendment (09BA -046) to transfer $29,800 from Paramedic Reserve Fund (010 -3732) to 2340.9300, and increasing expenditure appropriations by $29,800 in 2340 -9300. 18. GENERAL PLAN ANNUAL PROGRESS REPORT INCLUDING HOUSING ELEMENT REPORT (PA2007 -195). Receive and file. 19. PUBLIC MEETING ON PROPOSED TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID). Receive public comments from anyone wishing to speak on the Tourism Business Improvement District (TBID). 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 20. APPEAL OF HEARING OFFICER'S DENIAL OF USE PERMIT (UP2008 -033) — 1216 WEST BALBOA BOULEVARD (NEWPORT COAST RECOVERY) (PA2008 -104) (continued from 3/24/09). [7:15 time certain] Action: a) Conduct public hearing; b) determine whether substantial evidence in the record supports the Hearing Officer's decision to deny Newport Coast Recovery's application for a use permit; c) if Council determines that substantial evidence supports the denial, Council should sustain the decision of the Hearing Officer; d) if Council determines that substantial evidence in the record does not support the denial, the Council must then choose between one of three possible actions: 1) reverse the Hearing Officer's decision and authorize the issuance of a Use Permit to Newport Coast Recovery at 1216 West Balboa Boulevard under such conditions the Council determines are appropriate based upon the evidence in the hearing record; or 2) modify the Hearing Officer's decision denying a Use Permit to Newport Coast Recovery at 1216 West Balboa Boulevard based upon the evidence in the hearing record; or 3) remand the matter to the Hearing Officer for further consideration, which remand shall include direction either to consider specific issues, or to conduct a de novo hearing on whether to grant, conditionally grant, or deny a Use Permit to Newport Coast Recovery at 1216 West Balboa Boulevard; and e) if Council determines the Hearing Officer's findings are not supported by substantial evidence and directs action be taken based upon choosing one of the three options above, direct staff to prepare a resolution setting out the determination of the Council and the findings supporting that determination, and have the resolution brought back to Council for approval and adoption as the Council's final decision on the matter. 21. REVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FISCAL YEAR 2009 -2010 ONE -YEAR ACTION PLAN FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). Action: a) Conduct public hearing; b) approve the 2009 -2010 CDBG Action Plan; c) authorize the City Manager or his designee to execute the FY 2009 -2010 CDBG Program Grant Agreement and all related documents on behalf of the City; and d) adopt Resolution No. 2009- _ authorizing the City Manager to submit the FY 2009 -2010 application for CDBG funds and One -Year Action Plan to HUD. 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 3- minutes. Before speaking, please state your name for the record. XVII. CONTINUED BUSINESS 22. NEW CITY HALL AND PARK PROJECT: CONSIDERATION AND APPROVAL OF CONCEPT DESIGN, DIRECTION FOR SCHEMATIC DESIGN PHASE. Action: a) Approve the proposed Concept Design for the City Hall and Park Project, as proposed or with changes; and b) direct staff and the Design Team to begin the Schematic Design phase, planned to end in November 2009 with the certification of the City Hall and Park Environmental Impact Report (EIR). XVIII. CURRENT BUSINESS 23. IMPLEMENTATION OF CALPERS RETIREMENT FORMULA (3 %@50) FOR LIFEGUARD SAFETY EMPLOYEES PER RATIFIED MEMORANDUM OF UNDERSTANDING (JULY 2006 - DECEMBER 2008). Action: a) Adopt Resolution No. 2009 -_ relating to the City's intention to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System (CalPERS) and the Newport Beach City Council to authorize a "3 % @50" retirement formula for specified Lifeguard Safety employees within the Fire Department; and b) introduce Ordinance No. 2009 -_ authorizing an amendment to the contract between the City Council of the City of Newport Beach and the Board of Administration of the California Public Employees' Retirement System (CalPERS), and pass to second reading on May 12, 2009. XIX. 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. XX. ADJOURNMENT