Loading...
HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, December 9, 2008 Regular Council Meeting - 7:00 p.m. EDWARD D. SELICH Mayor LESLIE J. DAIGLE DON WEBB Mayor Pro Tem MICHAEL F. HENN Council Member STEVEN ROSANSKY Council Member Council Member NANCY GARDNER Council Member KEITH D. CURRY Council Member HOMER BLUDAU - City Manager ROBIN CLAUSON - City Attorney LEILANI I. BROWN - City Clerk SHARON Z. WOOD - Assistant City Manager STEPHEN G. 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. I£ 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. I£ 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 December 9, 2008 I. STUDY SESSION - 4:00 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 ann icable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Rabbi Marc Rubenstein, Temple Isaiah DL PRESENTATIONS Proclamation in Support of "A Day Without a Bag" on December 18 Presentation by the Local Agency Formation Commission (LAFCO) X. REORGANIZATION A. CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS. Action: Adopt Resolution No. 2008 -100 declaring the results of the General Municipal Election held on November 4, 2008. B. ADMINISTRATION OF OATH OF OFFICE. Action: a) The City Clerk calls the newly re- elected Council Members forward, administers the Oath of Office prescribed in the State Constitution to the elected officials, and delivers to each a Certificate of Election; and b) the newly re- elected Council Members are seated at the Council dais. C. ELECTION OF MAYOR. The City Clerk presides over the election of the Mayor. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. 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 Action: a) Conduct oral nominations for Mayor and conduct election by roll call vote; b) new Mayor is announced by the City Clerk; and c) Mayor takes proper place at Council dais. D. ELECTION OF MAYOR PRO TEM. The Mayor presides over the election of the Mayor Pro Tem. The Mayor, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: a) Conduct oral nominations for Mayor Pro Tem and conduct election by roll call vote; b) new Mayor Pro Tem is announced by the City Clerk; and c) Mayor Pro Tem takes proper place at Council dais. E. SEATING ARRANGEMENTS FOR CITY COUNCIL. Action: Council decides on seating arrangement of Council dais (senior Council Members having first preference). F. REMARKS. Action: a) Presentation of gavel plaque to outgoing Mayor; b) outgoing Mayor's remarks; c) new Mayor's remarks; and d) remarks from newly re- elected Council Members. XI. 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. NII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON - DISCUSSION IT_EM): XIII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 14) 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 -RESOL UTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING OF NOVEMBER 25, 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. RESOLUTIONS FOR-AD OPTION 3. RESCIND RESOLUTION NO. 2008 -93; ADOPT RESOLUTION NO. 2008 -_ ELIMINATING AND SUNSETTING EIGHT PREVIOUSLY ESTABLISHED COMMITTEES. a) Rescind Resolution No. 2008.23 which eliminated nine committees, including the Newport Coast Advisory Committee (NCAC); b) adopt Resolution No. 2008 -- eliminating eight committees; and c) direct staff to return to Council at a future date with suggestions to refocus the NCAC's role and meeting schedule. 4. PROPOSITION 1B LOCAL STREETS AND ROADS FUNDING PLAN FOR 2008 -2009 ALLOCATION. Adopt Resolution No. 2008 -_ authorizing the submittal of a funding proposal to the Department of Finance for the FY 2008 -2009 allocation of Proposition 113 - Local Streets And Roads Improvement, Congestion Relief, and Traffic Safety Account Funds. 5. OASIS ("OLDER ADULT SOCIAL AND INFORMATION SERVICES ") SENIOR CENTER - 800 AND 801 MARGUERITE AVENUE - DETERMINATION OF EXEMPTION FROM ZONING AND DEVELOPMENT REGULATIONS (PA2008 -109) AND ADOPTION OF THE MITIGATED NEGATIVE DECLARATION (MND). a) Exempt the OASIS Senior Center project from the zoning and development regulations of the Newport Beach Municipal Code; and b) adopt Resolution No. 2008 -_ (Exhibit 1) approving the Mitigated Negative Declaration (MND) and the Mitigation Monitoring and Reporting Program (MMRP) on the basis of the entire environmental review record. C. CONTRACTS AND AGREEMENTS 6. RECOMMENDATION TO RENEW THE PROFESSIONAL SERVICES AGREEMENT WITH ATTORNEY THOMAS C. EDWARDS REGARDING AIRPORT ISSUES CONSULTING UNDER THE SAME CONDITIONS OF THE CURRENT CONTRACT FOR THE 2009 YEAR. Authorize the City Manager to enter into a new agreement with Thomas C. Edwards under the same conditions, but for the complete year. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DENNIS DANNER UPON HIS RETIREMENT FOR A CONTINUATION OF FINANCIAL AND MANAGEMENT SERVICES FOR A NOT TO EXCEED TWELVE MONTHS DURATION. Authorize the City Manager to enter into the professional services contract with Mr. Danner. 8. 2008 -09 TRAFFIC SIGNAL REHABILITATION (C -4102) - AWARD OF CONTRACT. a) Approve the project plans and specifications; b) award C -4102 to TDS Engineering for the total bid price of $208,127, and authorize the Mayor and City clerk to execute the contract; and c) establish an amount of $30,000 to cover the cost of unforeseen work. 9. CORONA DEL MAR STREET REHABILITATION PROJECT (C3963) - PHASE 1 - AWARD OF CONTRACT. a) Approve the project plans and specifications; b) award C -3963 to R.J. Noble Company for the total bid price of $1,514,045 and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $150,955 (approximately 10 %) to cover the cost of unforeseen work. 10. EAST BAY AVENUE AND "A" STREET IMPROVEMENTS (C -3955) - 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. 11. EXTENSION OF PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING, PLANNING AND ADVOCACY SERVICES FOR THE LOCAL COASTAL PROGRAM (LCP). Authorize the City Manager to execute an amendment to the Professional Services Agreement with D.B. Neish, Inc. extending the term to May 30, 2009. D. MISCELLANEOUS 12. ACCEPT FIREMAN'S FUND GRANT. a) Accept the Fireman's Fund Heritage Reward Grant in the amount of $25,000 ($20,000 will be used to purchase two Thermal Imaging Cameras and $5,000 will be used towards the purchase of a CERT vehicle); b) approve a sole source contract with AllStar Fire Equipment Inc. for an amount not to exceed $20,000 for the Thermal Imaging Cameras; and c) approve budget amendment (09BA -031) increasing revenue estimates by $25,000 in 2320.4914 and appropriating those funds into Fire Department account 2320 - 82007. 13. REQUEST FOR FUNDING FOR TRAFFIC MANAGEMENT CENTER AND SIGNAL MODERNIZATION IMPROVEMENTS. Approve a budget amendment (09BA -030) appropriating $50,000 from the unappropriated Transportation and Circulation Fund with $40,000 placed into Account No. 7261- C3002005 to cover the costs of purchasing and installing new work stations, monitors and other related furniture in the existing City Hall Traffic Operations Area, and $10,000 placed into Account No. 7261- C3002001 and to complete the landscaping improvements at the intersection of Coast Highway and Iris Avenue. 14. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO MAINTENANCE & OPERATIONS BUDGET ACCOUNTS FOR FY 2008109. Approve a budget amendment (09BA -029) to increase revenue estimates by $43,050 in Account No. 4091- 5892 (Friends of the Library Donations), and increase expenditure estimates by the same amount in Division 4091, Friends, and Division 4060, Literacy. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES 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 15. PLANNING COMMISSION AGENDA FOR DECEMBER 4, 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. 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. u