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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS -3300 NEWPORT BLVD. Tuesday, September 23, 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 NANCY GARDNER Council Member STEVEN ROSANSKY KEITH D. CURRY Council Member 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 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 September 23, 2008 I. STUDY SESSION - 3:30 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 - Pastor Bob Bragger, Mariners Church Di~ PRESENTATIONS Proclamation to Belmont Village (Crown Cove) by the Fire Department Proclamation for Constitution Week 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 CITY'S WEBSITE AT W W W.CITY.NEWPORT- BEACH.CA.US XII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1— 16) 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 MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL AND REGULAR MEETING OF SEPTEMBER 9, 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. B. RESOLUTION FOR ADOPTION 8. OPPOSITION TO PROPOSITION 5 — NONVIOLENT OFFENDER REHABILITATION ACT (NORA). Adopt Resolution No. 2008 -_ to oppose the passage of Proposition 5, also known as the Nonviolent Offender Rehabilitation Act (NORA), which will be on the November 2008 statewide ballot. C. CONTRACTS AND AGREEMENTS 4. PROFESSIONAL SERVICES AGREEMENT WITH PROFESSIONAL PIPE SERVICES FOR ON -CALL PIPE LINING REPAIRS OF SEWER LINES. Approve Professional Services Agreement with Professional Pipe Services (Pro Pipe) for specialized on -call emergency pipelining repairs of sewer lines and authorize the Mayor and City Clerk to execute the agreement. 5. PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES FOR GREASE INTERCEPTOR INSPECTIONS AND GREASE BEST MANAGEMENT PRACTICES PROGRAM INSPECTIONS. a) Approve Professional Services Agreement with Environmental Compliance Inspection Services (ECIS) for the contract price of $78,480 and authorize the Mayor and the City Clerk to execute the agreement; and b) approve a budget amendment (09BA -012) in the amount of $40,000 from the wastewater enterprise system reserve to the Utilities' Grease Control Device Inspections account. 6. RIVER AVENUE PEDESTRIAN COASTAL ACCESS IMPROVEMENTS — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH CIVIL WORKS ENGINEERS FOR DESIGN SERVICES. Approve a Professional Services Agreement with Civil Works Engineers of Costa Mesa for design of final construction plans for River Avenue at a not to exceed price of $85,530 and authorize the Mayor and the City Clerk to execute the Agreement. 7. PAVEMENT MANAGEMENT PROGRAM UPDATE - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BUCKNAM & ASSOCIATES, INC. Approve a Professional Services Agreement with Bucknam & Associates, Inc. of Laguna Niguel to update the City's Pavement Management Program (PMP) at a not to exceed price of $68,038 and authorize the Mayor and the City Clerk to execute the agreement. 8. PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES - AWARD OF CONTRACT (C- 4042). a) Approve the project drawings and specifications; b) award the contract to TAFOYA & ASSOCIATES ( TAFOYA) for the total bid price of $58,971 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $5,899 to cover the cost of unforeseen work. 9. SAN JOAQUIN HILLS ROAD MEDIAN TREES - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 4008). 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 4) release the Faithful Performance Bond one (1) year after Council acceptance. 10. NEWPORT THEATRE ARTS CENTER LOBBY ADDITION, RETROFIT OF (E) 320' GUYED TOWER AT UTILITIES YARD, UTILITIES YARD RADIO BUILDING, AND UTILITIES YARD BUILDING -3 REMODEL - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3742). 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 4) release the Faithful Performance Bond one (1) year after Council acceptance. 11. POLICE FACILITY LOBBY RENOVATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3902). 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 4) release the Faithful Performance Bond one (1) year after Council acceptance. 12. BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3964). 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 4) release the Faithful Performance Bond one (1) year after Council acceptance. D. MISCELLANEOUS 13. REASSIGNMENT OF FULL -TIME OFFICER MIKE LAVIGNE TO PART -TIME STATUS UPON RETIREMENT. Approve reassignment of full -time Officer Mike LaVigne as a part -time officer upon retirement so that, as a certified flight instructor, Officer LaVigne can be utilized to train a new ABLE pilot. 14. APPOINTMENT OF STEVEN COYNE TO ECONOMIC DEVELOPMENT COMMITTEE. Appoint Steven Coyne as a Member at Large to the Economic Development Committee (EDC). 15. APPOINTMENT OF MICHAEL ALTI TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE. Appoint Michael Alti to the Environmental Expertise seat on the Environmental Quality Affairs Citizens Advisory Committee (EQAC). 16. 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 17. REVIEW OF THE FY 2007 -2008 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) TO THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Action: a) Conduct public hearing; and b) approve the Draft Consolidated Annual Performance and Evaluation Report. 18. PROPOSED ASSESSMENT DISTRICT NO. 99 -2 — AREA GENERALLY BOUNDED BY BALBOA BOULEVARD AND OCEAN FRONT WEST, FROM WEST OF 20TH STREET TO 14TH STREET, AND 19TH STREET BETWEEN NEWPORT CHANNEL AND BALBOA BOULEVARD FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT. Action: a) Open public hearing on the formation of Assessment District No. 99 -2; b) hear testimony from those who desire to speak; c) close the public hearing; d) count ballots; and e) if greater than or equal to 50% of weighted "Yes" votes versus "No" votes are submitted, then a majority protest by ballot procedure does not exist and the District may be formed. If it is desired to form the District, take the following actions: 1) adopt Resolution No. 2008 -_ declaring the results of the ballot tabulation, approving the Assessment Engineer's Report, confirming the assessment for Assessment District No. 99 -2, ordering the acquisition of improvements, and designating the area an Underground Utilities District; and 2) approve a budget amendment (09BA -013) in anticipation of the formation and approval of Assessment District No. 99 -2. The proposed Budget Amendment of $3,845,000 will provide $3,614,300 for the design, construction, financing and incidental contingencies, $230,700 to establish a bond reserve. The Budget Amendment will increase revenue estimates by $3,614,300 and increase expenditure appropriations by $3,452,595. The difference of $161,705 will be utilized to reimburse the City for past assessment engineering and design expenditures related to this District. This Budget Amendment includes $5,143.42 for the related assessment on a City -owned property located at 226 19th Street; and 3) adopt Resolution No. 2008 -_ approving Utility Improvement contracts for utility improvements for Assessment District No. 99 -2; OR f) if desired, abandon the proceedings. 19. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF THE MEGONIGAL RESIDENCE MODIFICATION NO. 20007 -080 (PA2007 -133) - 2333 PACIFIC DRIVE. Action: a) Conduct a de novo public hearing; b) find that the proposed project complies with applicable policies of the General Plan and is in compliance with City Council Resolution No. 2007 -3 and Ordinance 2007 -3; and c) adopt Resolution No. 2008 -_ upholding and affirming the decision of the Planning Commission by approving Modification Permit No. 2007 -080, subject to the findings and conditions of approval included in the resolution. 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. MAU8� 20. AMENDMENT OF THE NEWPORT BEACH MUNICIPAL CODE, TITLE 9, FIRE CODE. Action: Introduce Ordinance No. 2008 -_ amending Title 9, Chapter 9.04, Section 9.04.030, Subsections 318 through 318.3.3, inclusive, "Clearance of brush or vegetation from structures" and pass to second reading on October 14, 2008. 21. RESOLUTION ENCOURAGING 10 PERCENT VOLUNTARY WATER CONSERVATION BY ALL CITY OF NEWPORT BEACH WATER SERVICE CUSTOMERS. Action: Adopt Resolution No. 2008 -_ encouraging 10 percent voluntary water conservation by all City of Newport Beach water customers. 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. XIM ADJOURNMENT 6