Loading...
HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, January 13, 2009 Regular Council Meeting - 7:00 p.m. EDWARD D. SELICH Mayor KEITH D. CURRY DON WEBB Mayor Pro Tem Council Member MICHAEL F. HENN Council Member STEVEN ROSANSKY Council Member LESLIE J. DAIGLE Council Member NANCY GARDNER Council Member HOMER BLUDAU — City Manager LEILANI BROWN — City Clerk DAVID HUNT — City Attorney SHARON WOOD — Assistant City Manager STEPHEN 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. 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 generally 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: /hvww.city. newp ort- beach.ca.usl 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 January 13, 2009 I. STUDY SESSION - Cancelled II. CLOSED SESSION - After Study Session - Council Chambers Conference Room • Conference with Leal Counsel - Existing Litieation (Government Code S 54956.9(a)): • Harvey v. City of Newport Beach, Orange County Superior Court Case No. 07CC5400 • King v. Newport Beach, Orange County Superior Court Case No. 30 -2008- 00116306 • Public Employee Performance Evaluation (Government Code & 54957(b)(1)): Title: City Manager 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 Bradley Stienstra, Newport Harbor Lutheran Church IK PRESENTATIONS Presentation of Check from the Newport Beach Public Library Foundation (NBPLF) Orange County Human Relations Commission Annual Report Restaurant Week Announcement 1 TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS RECORDED. RED LIGHT WILL SIGNIFYWHEN SPEAKERS TIME LIMIT 1S 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 WEBSITEAT WWW.CITY.NEWPORT- BEACH.CA.US 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): XII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1— E6) 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 DECEMBER 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. ORDINANCE FOR INTROD UCTION 3. SEA LION TIME LIMITS FOR COMPLIANCE — FIRST WARNING LETTER. Introduce Ordinance No. 2009 relating to Sea Lion Compliance, amending Sections 17.25.020 and 17.50.100 of the Newport Beach Municipal Code and pass to second reading on January 27, 2009. C. 4. VESSEL ANCHORING IN THE PACIFIC OCEAN. Introduce Ordinance No. 2009 amending Sections 17.01.030, 17.20.020, 17.20.050, 17.25.020, 17.45.020 and 17.45.030 of the Newport Beach Municipal Code, and pass to second reading on January 27, 2009. RESOLUTIONS FOR ADOPTION 5. RESOLUTION UPDATING THE EMPLOYEES FOR 2009 UNDER INTEREST CODE. Adopt Resolution Designated Employees List. D. CONTRACTS AND AGREEMENTS LIST OF THE CITY S No. 2009- DESIGNATED CONFLICT OF adopting the 2009 6. SELECTION OF CLEAR CHANNEL OUTDOOR AS BUS SHELTER PROVIDER FOR THE CITY OF NEWPORT BEACH. Direct staff to draft and finalize an agreement with Clear Channel Outdoor based substantially on the deal points in Exhibit A, and authorize the Mayor and City Clerk to execute the agreement. 7. LABOR NEGOTIATIONS: NEW 3 -YEAR MEMORANDUM OF UNDERSTANDING (MOU) WITH THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION (NBFMA). Authorize the Mayor and City Clerk to execute a new 3 -year Memorandum of Understanding (MOU) with the Newport Beach fire Management Association (NBFMA). S. AMEND THE CITY MANAGER'S EMPLOYMENT AGREEMENT TO PROVIDE A MONTHLY AUTO ALLOWANCE. Approve the City Council's City Attorney Recruitment Committee's recommendation to amend the City Manager's employment contract to provide for a $500 monthly auto allowance. 9. PROFESSIONAL SERVICES AGREEMENT - AMENDMENT NO. 2 WITH LARRY PAUL AND ASSOCIATES TO ASSIST HARBOR RESOURCES WITH INTER- GOVERNMENTAL COLLABORATION AND PROJECT DEVELOPMENTIIMPLEMENTATION. Approve Amendment No. 2 of a Professional Services Agreement with Larry Paul and Associates for $46,000 to provide project support for Harbor Resources. 10. GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL (C -4029) - 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 1 year after Council acceptance. 11. BIG CANYON CREEK RESTORATION PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR PROJECT MANAGEMENT WITH GABLE ENGINEERING, INC. FOR PROJECT MANAGEMENT SERVICES. a) Approve a Professional Services Agreement with Gable Engineering, Inc. to perform project management services for the Big Canyon Creek Restoration project, and authorize the Mayor and City Clerk to execute the agreement; b) approve a budget amendment (09BA -036) transferring $97,000 from project savings in Account 7013 - 05100277 (Balboa Island Alley Replacement) to Account No. 7014- C5100709 for project management services for the Big Canyon Creek Restoration project; and c) approve a budget amendment (09BA -036) recognizing $10,000 from a contribution from Orange County Sanitation District and appropriating $10,000 to Account No. 7251 - 051000709 for project management services. 12. BIG CANYON CREEK RESTORATION PROJECT — APPROVAL OF CONTRACT AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. a) Approve Amendment No. 1 to Professional Services Agreement with VA Consulting, Inc. of Irvine, for design services at a contract price of $289,925 and authorize the Mayor and City Clerk to execute the agreement; and b) approve a budget amendment (09BA -035) recognizing contributions in the amount of $60,000 from County of Orange Coastal Impact Assistance Program (CIAP), $60,000 from The Irvine Company, and $169,925 from the Irvine Ranch Conservancy and appropriating $289,925 to Account No. 7251- C5100709 for Big Canyon Creek Restoration Project. 13. EASTBLUFF DRIVE STREET REHABILITATION (C -3968) — 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 1 year after Council acceptance. 14. BALBOA VILLAGE ALLEY REPLACEMENT — AWARD OF CONTRACT (C- 3944). a) Approve the project plans and specifications; b) award the contract (C -3944) to Golden State Constructors, Inc. for the total bid price of $128,606, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $20,000 to cover the cost of unforeseen work. 15. TENNIS COURT FENCE REPLACEMENT — GRANT HOWALD PARK (C -4043) — COMPLETION AND ACCEPTANCE. a) Accept the completed work; b) authorize the City Cleric 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 I year after Council acceptance. 16. MARINERS PARK RESTROOM CONSTRUCTION (C -3992) — COMPLETION AND ACCEPTANCE. a) Accept the completed work; b) authorize the City Clerk to file a Notice of Completion; e) 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. 17. PELICAN HILL ROAD NORTH AND NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS (C -3945) — 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. 18. NEWPORT TERRACE LANDFILL GAS COLLECTION AND CONTROL SYSTEM - APPROVAL OF AMENDMENT NO. 4 WITH SCS ENGINEERS - INTERNATIONAL, LLC, FOR EXTENSION OF SUPPORT SERVICES RELATIVE TO OPERATION AND MAINTENANCE OF THE COMPLETED SYSTEM. a) Approve Amendment No. 4 to the Professional Services Agreement with SCS Engineers - International, LLC in the amount of $54,000 for extension of support services relative to the operation and maintenance of the completed landfill gas collection and control system; and b) approve a budget amendment (09BA -037) transferring $59,400 from the Environmental Liability Fund to various operating accounts for interim operation and maintenance of the Newport Terrace Landfill Gas Collection and Control System. 19. 2007 -2008 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM (C -3974) - 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. E. MISCELLANEOUS 20. APPOINTMENTS BY THE MAYOR TO THE COUNCIL /CITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. Confirm the appointments outlined in the staff report. 21. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION (NBPLF) AND APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY 2008/09. Approve a budget amendment (09BA -028) to increase revenue estimates by $6,731 in Account No. 4090 -5893 (Library Foundation/NBPLF) and increase expenditure estimates by the same amount in Division 4090 (Foundation) - 8012 (Programming) and 8260 (Library Materials) respectively. 22. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES. Approve a budget amendment (09BA -033) to increase expenditure appropriations by $20,000 in division 4060, Literacy, and to increase revenue estimates for the same amount in Account No. 4010- 4832, California Library Literacy Services. 23. ACCEPT ASSISTANCE TO FIREFIGHTERS GRANT AWARD FOR RAPID INTERVENTION CREW (RIC) TRAINING. a) Accept Department of Homeland Security Fire Administration Assistance to Firefighters Grant for $38.021 to conduct Rapid Intervention Crew (RIC) Tactics and Firefighter Survival Training Program; and b) approve a budget amendment (09BA -034) increasing revenue estimates by $38,021 in 2320- 48941 and increasing expenditure appropriations in 2320 -9032 by $47,526 which includes $9,505 from the General Fund unappropriated fund balance for the required 20% matching funds. 24. GO LOCAL REPORT. Receive and file the report from the Orange County Transportation Authority (OCTA) - there is no desire to prepare an application for a Phase 2 study. 25. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES - HYATT REGENCY ENVIRONMENTAL IMPACT REPORT (EIR). Receive and file. 26. UNDERGROUND UTILITIES DISTRICT NO. 19 - SANTA ANA HEIGHTS (AREA BOUNDED BY MESA DRIVE, CYPRESS STREET, AND A PORTION OF ORCHARD DRIVE); AND AMENDING THE DISTRICT BOUNDARY. a) Approve Revised Engineer's Report and Amended Boundary Map, and set the date of March 10, 2009 for a public hearing; and b) direct staff to mail out the notice of public hearing and an informal advisory survey of property owners regarding whether they are in favor of or opposed to Underground Utilities District No. 19 (UUD -19) and paying for the private service conversions. 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 HEARING 27. AIRPORT BUSINESS AREA INTEGRATED CONCEPTUAL DEVELOPMENT PLAN (PA2007 -170 AND PA2008 -063) - APPROVING THE AIRPORT BUSINESS AREA INTEGRATED CONCEPTUAL DEVELOPMENT PLAN THAT WOULD ALLOW FOR FUTURE RESIDENTIAL AND MIXED -USE DEVELOPMENT ON THE KOLL AND CONEXANT PROPERTIES WITHIN THE AIRPORT AREA THROUGH FUTURE REGULATORY PLANS. Action: a) Conduct public hearing; and b) adopt Resolution No. 2009 approving the proposed Airport Business Area Integrated Conceptual Development Plan. 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 28. PLANNING COMMISSION AGENDA FOR JANUARY 8, 2009. 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. CONTINUED BUSINESS -None XIX. CURRENT BUSINESS 29. UNSCHEDULED VACANCY ON THE PARKS, BEACHES AND RECREATION COMMISSION. Action: a) Declare a vacancy on the Parks, Beaches and Recreation Commission due to the resignation of Cris Trapp effective January 6, 2009; b) confirm the Mayor's appointment of , and to serve on the Ad -Hoc Appointments Committee; and c) direct the City clerk to post and publish a Special Vacancy Notice requesting that applications be submitted by 4:00 p.m. on Thursday, January 29, 2009, and schedule the submission of the nominations to the Council on February 10, 2009 with the final appointment to be made on February 24, 2009. 30. APPOINTMENTS TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC). Action: Confirm Mayor's appointment of as Chairperson, and confirm Council Members Rosansky, Selich and Curry's District and At -Large EQAC appointments. 31. ORDINANCE AMENDING SECTION 7.04.050 OF TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO DOGS AT 38TH STREET PARK. Action: a) Introduce Ordinance No. 2009 -_ and pass to second reading on January 27, 2009; and b) approve a budget amendment (09BA -032) appropriating $1,300 from the unappropriated General Fund balance to Account No. 3170 -8080 for landscape modifications at 38th Street Park in the planter area located at the northwest entrance of the park along Balboa Boulevard by removing the rose bushes and replacing them with turf. 32. DISCUSSION OF OASIS SENIOR CENTER FUNDING. Action: a) Discuss the alternatives for the funding of the construction of the new OASIS Senior Center; and b) provide staff direction regarding timing of specific decision points. 33. CITY HALL AND PARK MASTER PLAN PROJECT — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR ARCHITECTURAL DESIGN SERVICES. Action: Approve a Professional Services Agreement with Bohlin Cywinski Jackson of San Francisco for architectural design services at a not to exceed price of $647,675, and authorize the Mayor and City Clerk to execute the agreement. 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 NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA REGULAR MEETING JANUARY 13, 2009 XIX. CURRENT BUSINESS 30. APPOINTMENTS TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC) Action: a) Confirm Mayor Selich's appointments of Jeff Herdman to the District 5 position, and Vincent Lepore to the District 5 At -large position; b) confirm Council Member Gardener's appointment of Nick Rousso.- to the District 6 position; and c) confirm other appointments of Council Members to District and At -Large positions. 534. CITY HALL AND PARK MASTER PLAN PROJECT - APPROVAL OF PROFESSIONAL SERVICES MASTER AGREEMENT WITH CW DRIVER FOR PROGRAM MANAGEMENT SERVICES Action: Approve a Professional Services Agreement with CW Driver, of Irvine, California, for Pre - Design Phase 1 program management services at a contract price of $233,660 and authorize the Mayor and the City Clerk to execute the Agreement.