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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, November 25, 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, LEILANI BROWN - 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 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 November 25, 2008 I. STUDY SESSION - Cancelled. 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 annlicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Reverend Leah Stout, St. Andrews Presbyterian Church IX. PRESENTATIONS Proclamation to the Balboa Bachelors for 25 Years Serving the Community Proclamation Recognizing National Family Caregivers Month for November 2008 Presentation by the Local Agency Formation Commission (LAFCO) 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 ITEW TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS RECORDED. RED LIGHT WILL SIGNIFY WHEN SPEAKERS TIME LIMIT IS UP; YELLOW LIGHT MEANS SPEAKER HAS I MINUTE FOR SUMMATION. ANY WRITINGS OR DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AV AILABLE 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 WWW.CITY.NEWPORT- BEACH.CA.US XII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1— 12) 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 ADJOURNED REGULAR MEETING OF NOVEMBER 8, 2008, AND ADJOURNED REGULAR AND REGULAR MEETING OF NOVEMBER 12, 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. ORDINANCE FOR INTRODUCTION 3. ORDINANCE AMENDING SECTION 5.50.050 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING MASSAGE ESTABLISHMENTS — REQUIREMENTS OF OPERATORS. Adopt Ordinance No, 2008 -18. C. RESOLUTIONS FOR ADOPTION 4. ADOPT RESOLUTION TO AUTHORIZE CITY MANAGER TO EXECUTE ANY AMENDMENTS TO THE EXISTING INTEGRATED REGIONAL WATER MANAGEMENT (IRWM) PLANNING AND IMPLEMENTATION GRANTS. a) Rescind Resolution No. 2005 -20; and b) adopt Resolution No. 2008 -_ with revised wording requested by the State Water Control Board authorizing the City Manager to execute any amendments to the existing Integrated Regional Water Management (IRWM) Planning and Implementation Grants. D. CONTRACTS AND AGREEMENTS 5. OCEANFRONT SAND REPLENISHMENT — APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT AND NICHOL FOR CONSTRUCTION SUPPORT SERVICES. Approve Amendment No. 2 to Professional Services Agreement with Moffatt & Nichol of Long Beach, for additional services at a not to exceed price of $40,000 and authorize the Mayor and City Clerk to execute the Agreement. 6. SUNSET RIDGE PARK — APPROVAL OF AMENDMENT NO. 2 WITH EPT DESIGN FOR SCHEMATIC AND FINAL DESIGN SERVICES AND A PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA CONSULTING FOR ENVIRONMENTAL DOCUMENTS. a) Approve Amendment No. 2 to Professional Services Agreement with EPT Design of Irvine, for Landscape Architectural Services for preparation of the Sunset Ridge Final Design at a not to exceed price of $598,558 and authorize the Mayor and City Clerk to execute the Amendment; b) approve a Professional Services Agreement with BonTerra Consulting of Costa Mesa, for Environmental Document Processing for the Sunset Ridge Park at a not to exceed price of $203,047 and authorize the Mayor and City Clerk to execute the Agreement; and c) approve a budget amendment (09BA -024) authorizing $50,000 in additional funding for the final design, environmental documentation and supplemental consulting services related to the Sunset Ridge Park Project from unappropriated General Fund Reserves to the Sunset ridge Park Account No. 7412- C5100515. 7. LIDO ISLE AND VIA LIDO STREET REHABILITATION PROJECT — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH COAST SURVEYING, INC. Approve a Professional Services Agreement with Coast Surveying, Inc. of Tustin, for survey work at a not to exceed price of $67,604 and authorize the Mayor and City Clerk to execute the Agreement. 8. REJECTION OF BID AND AMENDMENT OF CONSULTING CONTRACT ON BEHALF OF THE INTEGRATED LAW AND JUSTICE AGENCY FOR ORANGE COUNTY (ILJAOC) — A JOINT POWERS AUTHORITY (JPA). a) On behalf of the Members of the ILJAOC, reject the Unisys bid for an Electronic Filing System as unresponsive to the Request For Proposal (RFP); b) approve the modified Scope of Work and other terms in the attached Change Order submitted by Deloitte Consulting in the amount of $117,000, funded by COPS Technology Grant Funds, which are administered by the City of Newport Beach on behalf of the JPA; c) authorize the City Manager to execute any necessary contract amendment documents approved by the City Attorney that are consistent with the revised terms and conditions as outlined in the staff report; and d) revise the RFP and conduct another procurement process as detailed in the attached amended Scope of Work submitted by Deloitte Consulting. 9. PREPARATION OF GRANT APPLICATION, ASBS COMPLIANCE - MONITORING AND RELATED TASK — AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS. Approve Amendment No. 4 to the Professional Services Agreement with Weston Solutions (Weston) of Carlsbad to: a) prepare a Proposition 84 grant application request for 42.5 million for ASBS protection measures; b) perform ASBS Compliance Monitoring; c) develop a community monitoring program for the Newport Coast Watershed; and d) perform a high tide inundation survey in the Harbor and along the open coast on Balboa Peninsula at a not to exceed price of $201,369 and authorize the Mayor and City Clerk to execute the Agreement. 10. ACCEPTANCE OF URBAN AREAS SECURITY INITIATIVE (UASI) GRANT TRANSFER AGREEMENT. a) Accept UASI Grant transfer agreement equipment funds in the amount of $208,946 to be utilized for reimbursement of Newport Beach Fire Department costs for the purchasing of equipment and material to outfit a medium Urban Search and Rescue (USAR) Response Trailer; b) authorize the Fire Chief as the designee to sign the FY07 Transfer Agreement Contract; and c) approve a budget amendment (09BA -025) increasing revenue estimates by $208,946 in 2355 - 48666, UASI 3 Grant, and increasing expenditure appropriations by $208,946 in 7014 - C8002013. E. MISCELLANEOUS 11. APPROVAL OF ONE POSITION RECLASSIFICATION IN THE POLICE DEPARTMENT AND ONE COMPENSATION ADJUSTMENT AND CORRESPONDING BUDGET AMENDMENT IN THE PUBLIC WORKS DEPARTMENT. a) Reclassify one vacant Computer Applications Development Analyst position in the Police Department to Applications Coordinator P.D.; and b) adjust the salary range for the City Surveyor position by 10% and approve a budget amendment (09BA -027) in the amount of $7,687. 12. BACK BAY SCIENCE CENTER - APPROPRIATIONS FOR TEACHING LAB AND ADMINISTRATION WING. a) Approve a budget amendment (09BA -026) appropriating from the unappropriated General Fund balance $35,000 to Account No. 7457- C0310600 to cover the City's share to replace the vinyl flooring in the Back Bay Science Center Water Quality Lab; b) approve a budget amendment (09BA -026) recognizing contributions in the amount of $50,000 from California Coastal Conservancy, $25,000 from Newport Bay Naturalists and Friends, and $25,000 from Pacific Life, and appropriating $100,000 to Account No. 7457 - C10020019 for the Back Bay Science Center Teaching Lab tenant improvements; and c) approve a budget amendment (09BA -026) recognizing contributions in the amount of $147,956 from California Department of Fish and Game, and appropriating $147,956 to Account No. 7457- C1002020 for the Back Bay Science Center Administrative Wing tenant improvements. 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 13. APPEAL OF PLANNING COMMISSION DECISION TO DENY USE PERMIT NO. 2008 -045 (PA2008 -123) FOR AN EXISTING FULL - SERVICE RESTAURANT TO ALLOW CONVERSION OF APPROXIMATELY 93 SQUARE FEET OF STORAGE AREA INTO NET PUBLIC AREA, LIVE ENTERTAINMENT ON FRIDAYS AND SATURDAYS, OPERATION OF AN ALCOHOLIC BEVERAGE OUTLET UNDER THE PROVISIONS OF THE ALCOHOLIC BEVERAGE ORDINANCE (ABO); AND PARKING WAIVER AT SHORE HOUSE CAFE, 801 EAST BALBOA BOULEVARD. Action: a) Conduct a de novo public hearing; and b) deny the appeal and uphold and affirm the decision of the Planning Commission to deny Use Permit No. 2008.045. 14. CITY HALL SITE GENERAL PLAN AMENDMENT 2008 -009 (PA2008 -182) — 1300 AVOCADO AVENUE — TO CHANGE THE LAND USE CATEGORY OF THE CITY HALL SITE FROM OPEN SPACE (OS) TO PUBLIC FACILITIES (PF) Action: a) Conduct the public hearing; and b) approve General Plan Amendment 2008 -009. 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 XVIII. 15. PLANNING COMMISSION AGENDA FOR NOVEMBER 20, 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. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE CITY COUNCIL PRIORITIES FOR 2008. Action: Review and comment, as needed. 17. CITY HALL AND PARK DESIGN ISSUES: FINAL REPORT OF THE DESIGN COMMITTEE, APPOINTMENTS TO SUBCOMMITTEE ON SCHEMATIC DESIGN/DESIGN DEVELOPMENT, CHANGES TO THE AD HOC BUILDING COMMITTEE, AND ARCHITECT SELECTION Action: a) Accept the Final Report of the City Hall and Park Design Committee; b) designate and to be members of the City Hall and Park Design Committee's Subcommittee on Schematic Design/Design Development; c) adopt Resolution No. 2008 -_ modifying the name, membership and duties of the Ad Hoc Building Committee; and d) direct staff to negotiate with and prepare a Professional Services Agreement for City Hall and Park design development with the firm of (primary) and, if needed, (alternate) to be brought back at the City Council's January 13, 2009 meeting. XD{. CURRENT BUSINESS — None 30C 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. =. ADJOURNMENT NEWPORT BEACH CITY COUNCIL AMENDED AGENDA REGULAR MEETING NOVEMBER 25, 2008 XVIII. CONTINUED BUSINESS 17. CITY HALL AND PARK DESIGN ISSUES: FINAL REPORT OF THE DESIGN COMMITTEE, APPOINTMENTS TO SUBCOMMITTEE ON SCHEMATIC DESIGN/DESIGN DEVELOPMENT, CHANGES TO THE MEMBERSHIP OF THE BUILDING AD HOC COMMITTEE, AND DESIGNATION OF A PRIMARY AND ALTERNATE ARCHITECTURAL FIRM FOR THE CITY HALL AND PARK PROJECT. Action: a) Accept the Final Report of the City Hall and Park Design Committee; b) adopt Resolution No. 2008 -_ modifying membership of the City Hall and Park Design Committee's Subcommittee on Schematic Design/Design Development; c) approve the Building Ad Hoc Committees recommendation to appoint Rush Hill, Steven Sandland, and Andy Bowden as members of the City Hall and Park Design Committee's Subcommittee on Schematic Design/Design Development; d) adopt Resolution No. 2008 -_ modifying the membership and duties of the Building Ad Hoc Committee; and e) approve the Building Ad Hoc Committee's recommendation to direct staff to negotiate with and prepare a Professional Services Agreement (PSA) for City Hall and Park design development with the firm of (Primary) and, in the event that negotiations with the Primary are not successful, (Alternate) with a PSA to be brought back at the City Council's January 13, 2009 meeting.