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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCII. CHAMBERS - 3300 NEWPORT BLVD. Tuesday, February 12, 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 HAR.ELESS - 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 NEARING: 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:/Avww.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 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 February 12,2008 I. STUDY SESSION — 4:00 p.m. IL CLOSED SESSION — [Refer to separate agenda from City Attorney] M. RECESS IV. RECONVENE AT 7:00 PAL FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT (if applicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION — Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal Church IX. PRESENTATION Police Explorer Competition Recent Code Enforcement Actions to Abate Nuisances — John Kappeler 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 WELL SIGNIFY WHEN SPEAKERS TIME LIMIT IS UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. XH. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I — 13) 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 ADJOURNED REGULAR MEETING AND REGULAR MEETING OF JANUARY 22, 2008. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINA full of all ordinances and Clerk to read by title only. B. ORDINANCE FOR ADOPTION ICES AND RESOLUTIONS. Waive reading in resolutions under consideration, and direct City 3. RESOLUTION TO PROVIDE SECTION 20516 (EMPLOYEE SHARING COST OF ADDITIONAL BENEFITS) APPLICABLE TO SECTION 21354.4 (2.5% @ 55 FORMULA) FOR LOCAL MISCELLANEOUS MEMBERS. Adopt Ordinance No. 2008 -6 relating to a PERS contract amendment. C. RESOLUTION FOR ADOPTION 4. ESTABLISHMENT OF A CITY COUNCIL AD HOC COMMITTEE TO OVERSEE THE APPRAISAL PROCESS FOR THE BANNING RANCH PROPERTY AND THE ASSESSMENT OF FUNDING AVAILABILITY FOR ITS PURCHASE AS OPEN SPACE. a) Adopt Resolution No. 2008- _ establishing a City Council Ad Hoc Committee to oversee the appraisal process for the Banning Ranch Property and the assessment of funding availability for its purchase as open space; and b) proceed with the City Council's designated Banning Ranch priority for 2008, by establishing an Ad Hoc Committee and approving the Mayor's appointments of Mayor Selich and Council Members Rosansky and Gardner to the Committee. D. CONTRACTS AND AGREEMENTS 5. AWARD OF CONCESSION AT CORONA DEL MAR STATE BEACH (contd. from 1/22108). a) Select Fuji Grill, Inc. as the next concessionaire at Corona del Mar State Beach based on the proposal submitted by John Lee in response to City's Request for Proposals (RFPs) for the CDM concessionaire 2 dated August 31, 2007; and b) authorize the Mayor and City Clerk to execute the Concession Agreement based on the terms of the agreement. 6. PURCHASE OF 2008 JUNIOR LIFEGUARD PROGRAM UNIFORMS. Award the 2008 City of Newport Beach Junior Lifeguard Program uniform contract to Hurley for the total cost of $154,450 (excluding tax). 7. BUFFALO HIIJ S, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS — AWARD OF CONTRACT (C- 3964). a) Approve the project plans and specifications; b) award the contract (C -3964) to Macadee Electric Construction for the total bid price of $323,692, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $15,000 to cover the cost of unforeseen work. 8. ASSESSMENT DISTRICT NO. 99 — APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES (C- 3595). a) Approve Amendment No. 2 to the Professional Services Agreement with Harris & Associates of Irvine for additional assessment engineering services for Revised Underground Utility Assessment District No. 99 for a not to exceed price of $28,450 and authorize the Mayor and City Clerk to execute the Amendment; b) approve remittance payment of $33,100 to AT &T for redesign fees; and c) approve a budget amendment (08BA -045) transferring $75,000 from the Unappropriated General Fund Reserve Account to Assessment District No. 99, Account No. 74099 -9812. 9. BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET (C -3778) — AUTHORIZE AN INCREASE IN CONTRACT CONTINGENCY. a) Increase the project contingency from an amount of $34,500 to $86,000 to cover unanticipated additional costs for the project; and b) approve a budget amendment (08BA -046) transferring $25,000 of cost savings from the Citywide Street and Storm Drain Improvements Project (General Fund Account No. 7013- C5100019) and $26,500 from Bay Avenue Drainage Project (General Fund Account No. 7012- C5100829) to the Buck Gully Wetlands and Maintenance Road Repairs Project (Account No. 7014 - 05100659). 10. RETIREE MEDICAL PROGRAM. Authorize the Mayor, City Manager and City Clerk to execute the document for participation in CEBRT, with the intention of budgeting sufficient funds to fully satisfy the remaining liability over a 20 year period. E. MISCELLANEOUS 11. FY 2007 -08 MASTER CIP SCHEDULE UPDATE. Receive and file. 12. OASIS SENIOR CENTER (C -3888) — AUTHORIZE A BUDGET AMENDMENT FOR SUPPLEMENTAL CONSULTING SERVICES FOR DEVELOPMENT OF CONSTRUCTION DOCUMENTS. Approve a budget amendment (08BA -044) appropriating $90,000 from the General Fund unappropriated fund balance to Account 7453- C1002007 to be used to retain various professional consultants to support development of construction documents for the OASIS Senior Center. 13. PRESENTATION OF NEWPORT BEACH CUSTOMER SATISFACTION SURVEY RESULTS FROM CHRIS TATHAM OF ETC INSTITUTE. Hear the presentation and discuss the survey results to gain a clear understanding of what context to place them in and provide direction to the City Manager as desired. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XHL ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. PUBLIC HEARING 14. LIBERTY BAPTIST CHURCH SCHOOL EXPANSION (PA2006 -079) — GENERAL PLAN AMENDMENT NO. 2006.004 — PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2006.003 — AMENDMENT TO USE PERMIT NO. 1726. Action: a) Conduct public hearing; b) adopt Resolution No. 2008 -_ approving General Plan Amendment No. 2006 -004 and an amendment to Use Permit No. 1726; and c) introduce Ordinance No. 2008 -_ approving Planned Community Development Plan Amendment No. 2006 -003, and pass to second reading on February 26, 2008. XV. 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. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVH. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 15. PLANNING COMMISSION AGENDAS FOR JANUARY 31, 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. 16. CITY MANAGER'S PROPOSED ASSIGNMENT OF SCHEDULES AND RESOURCES TO THE CITY COUNCIL'S ESTABLISHED 2008 PRIORITIES. Action: Review the City Manager's recommendations and make changes where feasible within the context of staffs ongoing workload and work on this year's Council priorities. XDL 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 — In memory of Virginia Herberts