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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, June 24, 2008 Regular Council Meeting - 7:00 p.m. EDWARD D. SELICH Mayor LESLIE J. DAIGLE DON WEBB Mayor Pro Tem Council Member MICHAEL F. HENN Council Member STEVEN ROSANSKY Council Member NANCY GARDNER Council Member KEITH D. CURRY Council Member HOMER BLUDAU - City Manager, ROBIN CLAUSON - City Attorney, LAVONNE HARKLESS - City Clerk, STEPHEN G. BADUM - Director of Public Works, SHARON Z. WOOD - Assistant City Manager. 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 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 normalcy provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact LaVonne Harkless, 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 June 24, 2008 I. STUDY SESSION - 3:00 p.m. II. CLOSED SESSION - [Refer to separate agenda from 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 Introduction of Exchange Students Traveling to Okazaki 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): 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 CITYS WEBSITE AT W W W.CITY.NEWPORT- BEACH.CA.US XII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1— 18) 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, 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 OF THE SPECIAL MEETING AND REGULAR MEETING OF JUNE 10, 2008. 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. I I� III' I 3. GENERAL MUNICIPAL ELECTION - NOVEMBER 4, 2008: ADOPTION OF RESOLUTIONS CALLING THE ELECTION, REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION (CANDIDATES ONLY), AND ADOPTING REGULATIONS PERTAINING TO CANDIDATES STATEMENTS. Adopt the following resolutions pertaining to the General Municipal Election scheduled for Tuesday, November 4, 2008 pursuant to Section 1000 of the City Charter: a) Resolution No. 2008- Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 4, 2008, for the Election of Members of the City Council as Required by the Provisions of the City Charter; b) Resolution No. 2008 -_ Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 4, 2008, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code; and c) Resolution No. 2008 - Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be held on Tuesday, November 4, 2008. 4. MEASURE M SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM. a) Adopt the Seven -Year Capital Improvement Program; b) adopt Resolution No. 2008 -_ affirming that the City's Circulation Element does not preclude implementation of the regional Master Plan of Arterial Highways; and c) direct staff to submit the adopted Seven -Year Capital Improvement Program and the Maintenance of Effort certification to the Orange County Transportation Authority to satisfy the eligibility provisions for Measure M and Congestion Management Programs. 5. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO CALIFORNIA WASTE SERVICES, LLC. a) Adopt Resolution of Intention No. 2008 -_ setting the public hearing for July 22, 2008 to consider the award of a Non- exclusive Solid Waste Franchise to California Waste Services, LLC; and b) introduce Ordinance No. 2008 -_ granting a Non - exclusive Solid Waste Franchise to California Waste Services, LLC, and pass to second reading on July 22, 2008. 6. ACCEPTANCE OF THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 2008/2009 GRANT ASSISTANCE PROGRAM GRANT TO ESTABLISH AN ABC LIAISON OFFICER PROGRAM WITHIN THE POLICE DEPARTMENT. a) Accept the California Department of Alcoholic Beverage Control (ABC) 2008/2009 Grant Assistance Program (GAP) Grant Award in the total amount of $100,000 to establish an ABC Liaison Officer position with the Police Department; b) authorize the Administrative Services Director to establish revenue and expenditure accounts in the Capital Improvement Budget to facilitate the administration of these funds; and c) adopt Resolution No. 2008 -_ accepting the GAP Grant Award on behalf of the City. RESOLUTION RELATING TO FUNDING A LOWER NEWPORT BAY DREDGING PROJECT. a) Adopt Resolution No. 2008 -_ relating to funding a Lower Newport Bay (LNB) dredging project; and b) direct staff to transmit a copy of the resolution to the Orange County congressional delegation, to the City's advocates in Washington, D.C. and to Colonel Magness of the U.S. Army Corps of Engineers, LA District. C. CONTRACTS AND AGREEMENTS 8. EAST BAY AVENUE AND A STREET REHABILITATION AND STORM DRAIN IMPROVEMENTS - AWARD OF CONTRACT (C- 3955). a) Approve the plans and specifications; b) award the contract to Hillcrest Contracting for the total bid price of $138,677 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $13,500 to cover the cost of unforeseen work. 9. APPROVAL OF AN ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH RMS ENGINEERING & DESIGN, INC. FOR STRUCTURAL ENGINEERING SERVICES. Approve an On -Call Professional Services Agreement with RMS Engineering & Design, Inc. (RMS) for structural engineering services and authorize the Mayor and the City Clerk to execute the Agreement. 10. FLASHING CROSSWALK AT NEWPORT BOULEVARD AND 28RD STREET - AWARD OF CONTRACT (C- 8969). a) Approve the project plans and specifications; b) award the contract to PTM General Engineering Services, Inc. for the total bid price of $82,780 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $8,300 to cover the cost of unforeseen work. 11. APPROVAL OF AMENDMENTS TO ON -CALL PROFESSIONAL SERVICES AGREEMENTS FOR PAVEMENT EVALUATION, GEOTECHNICAL AND MATERIALS TESTING. a) Approve Amendment No. 1 with LaBelle Marvin, Inc. for on -call pavement evaluation services and authorize the Mayor and the City Clerk to execute the Amendment; and b) approve Amendment No. 1 with Willdan Geotechnical (formerly Arroyo Geotechnical) for on -call geotechnical and materials testing and authorize the Mayor and the City Clerk to execute the Amendment. 12. PROFESSIONAL SERVICES AGREEMENT WITH ORANGE COUNTY PUMP CORPORATION FOR ON -CALL PUMP REPAIR AND MAINTENANCE SERVICES. Approve Professional Services Agreement with Orange County Pump Corporation for on -call pump repair and maintenance services for water and wastewater pumps, motors and pumping units and authorize the Mayor and the City Clerk to execute the Agreement. 13. UNDERGROUND UTILITY SERVICE REPAIRS - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH W.A. RASIC COMPANY, INC. Approve Amendment No. 1 to Professional Services Agreement with W.A Rasic Company, Inc. for on -call underground utility repair services and authorize the Mayor and the City Clerk to execute the Amendments. 14. GENERAL SERVICE BUILDING D LOCKER ROOM AND RESTROOM REMODEL - AWARD OF CONTRACT (C- 4029). a) Approve the project Drawings and Specifications; b) award the contract to R.G. Fleming, Inc. for the total bid price of $86,267, and authorize the Mayor and the City Clerk to execute the contract; c) establish a contingency of approximately fifteen percent in the amount of $12,733 to cover unexpected construction and miscellaneous costs; and d) approve a budget amendment (08BA -081) transferring $34,400 from project savings in Account No. 7015- (5100817, Mariners Park Improvements, and $6,000 from project savings in Account No. 7013- C5100019, Citywide Street, Parking Lot and Storm Drain Improvements, into Account No. 7011- C1002001. 15. OASIS SENIOR CENTER FUNDRAISING CONSULTANT AGREEMENT - RENEWAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH NETZEL ASSOCIATES, INC. Renew the Professional Services Agreement with Netzel Associates, Inc. to assist the Friends of OASIS in the capital fundraising campaign at a not to exceed price of $62,400, and authorize the Mayor and the City Clerk to execute the agreement. 16. LEGAL ADVERTISING BID FOR FISCAL YEAR 2008 -2009. Accept the bid of The Daily Pilot and authorize a purchase order for the one -year period of fiscal year 2008 -2009. D. MISCELLANEOUS 17. MCFADDEN SQUARE CENTENNIAL LEGACY PROJECT SCULPTURE: APPROVAL OF CASTING, INSTALLATION AND FINAL PAYMENT. Approve the casting, installation of the artwork (sculpture) for the McFadden Square Centennial Legacy Project and authorize the payment of the final installment payment of $40,000 to Artist /Sculptor Hank Kaminsky. 18. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE CITY COUNCIL PRIORITIES FOR 2008. Review and comment. 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 19. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: PUBLIC HEARING AND RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2008 -2009. Action: a) Conduct public hearing; and b) adopt Resolution No. 2008 -_ for the renewal of the Corona del Mar BID confirming the levy of the BID assessment for the 2008 -09 fiscal year, unless during the public hearing the Council receives protests representing 50 percent or more of the total assessment amount. 20. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2008 -2009. Action: a) Conduct public hearing; and b) adopt Resolution No. 2008 -_ for the renewal of the Balboa Village BID confirming the levy of the BID assessment for the 2008 -09 fiscal year, unless during the public hearing the Council receives protests representing 50 percent or more of the total assessment amount. 21. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2008- 2009. Action: a) Conduct public hearing; and b) adopt Resolution No. 2008 -_ for the renewal of the Marine Avenue BID confirming the levy of the BID Assessment for the 2008 -09 fiscal year, unless during the public hearing the Council receives protests representing 50 percent or more of the total assessment amount. 22. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL AND LEVY OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2008 -2009. Action: a) Conduct public hearing; and b) adopt Resolution No. 2008 -_ for the renewal of the Newport Beach Restaurant Association BID and levy for FY 2008 -09, unless during the public hearing the Council receives protests representing 50 percent or more of the total assessment amount. 23. COST RECOVERY ORDINANCE - CHAPTER 3.36 - FEE RESOLUTION AND MASTER FEE SCHEDULE (contd. from 5/13/08,5/27/08 & 6110/08). Action: a) Conduct public hearing; and b) introduce Ordinance No. 2008 -_ amending Chapter 3.36 of the NMBC; and c) provide direction to staff on the draft resolution with Master Fee Schedule 24. SIGNAL PEAK VERIZON TELECOMMUNICATIONS FACILITY PERMIT (TELECOM PERMIT NO. 2008 -002) - 21474 VISTA RIDGE ROAD (APPLICANT - VERIZON WIRELESS). Action: a) Conduct public hearing; and b) approve Telecommunications Permit No. 2008 -002 subject to the findings and conditions of approval in Attachment No. 1 of the staff report. 25. FURY ROK & ROL SUSHI LOUNGE (CODE RESTAURANT) - USE PERMIT NO. 2008 -043. Action: a) Conduct public hearing; and b) adopt Resolution No. 2008 -_ approving Use Permit No. 2008 -043. 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. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 26. PLANNING COMMISSION AGENDA FOR JUNE 19, 2008. Action: a) Receive oral report on the most recent Planning Commission actions; b) Council Member appeal of Planning Commission, Modification Committee or Planning Director approvals subject to appeal; and c) receive and file written report. ► VA-M 1t 27. 2008 -09 BUDGET ADOPTION. Action: a) Straw vote the items included on the Budget Checklist and determine by individual vote if the checklist items should be included in the 2008 -09 budget; and b) adopt Resolution No. 2008 -_ approving the City's 2008 -09 budget, as amended by any approved Budget Checklist items. 28. APPOINTMENTS TO BOARDS AND COMMISSIONS. Action: Appointments to be made from the nominees to the Boards and Commissions listed below: Board of Library Trustees (1 vacancy - Vote for one) Lynn Crutchley Nancy Thompson Citv Arts Commission (2 vacancies - Vote for two) Carole Boller Rita Goldberg Robert Smith Carol Starcevic (incumbent) Civil Service Board (2 vacancies —Vote for two) Debra Allen James (Mickey) Dunlap Clint Hoose Deborah McWilliams Harbor Commission (1 vacancy —Vote for one) Brad Avery Marshall "Duffy" Duffield (incumbent) Parks, Beaches & Recreation Commission (1 vacancy - Vote for one) Tom Anderson Kathy Hamilton Planninm Commission (2 vacancies —Vote for two) Drew Emmel Robert Hawkins (incumbent) Charles Unsworth Steve Zotovich 29. APPROVAL OF A TEN YEAR AGREEMENT WITH CLEAN ENERGY, INC. FOR INSTALLATION AND OPERATION OF A COMPRESSED NATURAL GAS (CNG) FUELING STATION. Action: Approve the terms and award a ten -year agreement with CE through July 1, 2018 for the installation and operation of a compressed Natural Gas (CNG) fueling facility. 30. SALES TAX SHARING AGREEMENT FOR NEWPORT EUROPEAN MOTORCARS, LTD. OF NEWPORT BEACH. Action: Approve the Tax Sharing Agreement and authorize the Mayor to execute the contract, subject to approval of the contract as to form by the City Attorney. XX. 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. XXI. ADJOURNMENT— In Memory of Newport Beach Firefighter Kevin Pryor