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Home My WebLink About - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, February 24, 2009 Regular Council Meeting - 7:00 p.m. EDWARD D. SELICH Mayor KEITH D. CURRY DON WEBB Mayor Pro Tern 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://www.city.newport-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 February 24, 2009 I. STUDY SESSION - 4:30 p.m. H. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. Conference with Legal Counsel - Anticipated Litigation - Exposure to Litigation (Government Code § 54956.9(c): One matter: 1. Potential litigation regarding Fuji Grill's operating agreement at Corona del Mar Beach due to its notice that it is terminating its operating agreement. B. Conference with Labor Negotiators (Government Code § 54957.6): Agency designated representatives: Human Resources Director Terri Cassidy and Assistant City Manager Dave Tiff Employee organization: All city bargaining units C. Conference with Real Property Negotiator (Government Code § 54956.8): Property: Marina Park Mobile Home Park, 1770 W. Balboa Blvd., Newport Beach City Neeotiator: Assistant City Manager David Mff Negotiating Parties: City and tenant interests. Under Negotiation: Terms and conditions of rentals at Marina Park 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 - Jim de Boom, Newport Mesa Irvine Interfaith Council IX. PRESENTATION Presentation of Plaque to Outgoing Parks, Beaches and Recreation Commissioner Cristine Trapp 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 x �n XII. 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. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEM): 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, and 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 OF FEBRUARY 10, 2009, AND REGULAR MEETING OF FEBRUARY 10, 2009. 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 ADOPTZON 3. AVIS RENTAL CAR FACILITY (PA 2008 -124) - 4200 CAMPUS DRIVE (CODE AMENDMENT NO. CA2008 -002). Adopt Ordinance No. 2009 -7 approving Code Amendment No. CA2008 -002 which would apply the Interim Study (IS) Overlay to the subject property revising District Map No. 35. C. RESOLUTIONS FOR ADOPTION 4. ACCEPTING AN OFFER TO DEDICATE (OTD) A PUBLIC ACCESS EASEMENT - 701 -707 LIDO PARK DRIVE. Adopt Resolution No. 2009- _ accepting the easement securing public access at 701 -707 Lido Park Drive. 5. STATE PENALTY SURCHARGE ON PARKING CITATIONS. Adopt Resolution No. 2009 increasing the parking penalty surcharge imposed by the State on parking violations by $3.00. D. CONTRACTS AND AGREEMENTS 6. CITY HALL AND PARK GEOTECHNICAL SERVICES - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. Approve the Professional Services Agreement with Leighton Consulting, Inc. of Irvine, to provide geotechnical exploration and consulting services at a not to exceed price of $62,674, and authorize the Mayor and City Clerk to execute the agreement. 7. ASPHALT REPAIRS - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH OLIVER MAHON ASPHALT, INC. Approve Amendment No. 1 to Professional Services Agreement with Oliver Mahon Asphalt, Inc. for on -call asphalt repair services, and authorize the Mayor and City Clerk to execute the amendment. S. UNDERGROUND UTILITY SERVICE REPAIRS - APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH DOTY BROS. CONSTRUCTION COMPANY. Approve Amendment No. 2 to Professional Services Agreement with Doty Bros. Construction Company for on -call underground utility repair services, and authorize the Mayor and City Clerk to execute the amendment. 9. OIL WELL PUMPING UNITS REPAIRS - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH LACY OIL TOOL COMPANY. Approve Amendment No. 1 with Lacy Oil Tool Company for on -call repair and maintenance services for oil well pumping units, and authorize the Mayor and City Clerk to execute the agreement. 10. ACCEPT FIREMAN'S FUND GRANT. a) Accept the Fireman's Fund Heritage Reward Grant in the amount of $15,788.00 to purchase 127 highway safety vests and communication equipment for fire apparatus; b) approve a sole source contract with Galls Uniform Center Inc. with an amount not to exceed $6,165.00 for the highway safety vests; and c) approve a budget amendment (09BA -039) increasing revenue estimates by $15,788.00 in 2320 -4914 and appropriating those funds into Fire Department account 2320- 82007. 11. PURCHASE OF 2009 JUNIOR LIFEGUARD PROGRAM UNIFORMS. Award the 2009 City of Newport Beach Junior Lifeguard Program uniform contract to Hurley, for the total cost of $171,750 plus tax. E. MISCELLANEOUS 12. AMENDMENT TO COUNCIL POLICY B -17 (PARKS, FACILITIES, AND RECREATION PROGRAM DONATIONS). Amend City Council Policy B -17 - Parks, Facilities, and Recreation Program Donations. 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. ANNUAL REPORTS OF DEVELOPMENT AGREEMENT FOR PACIFIC VIEW MEMORIAL PARK (PA2006 -282) AND NORTH NEWPORT CENTER (PA2007 -151). Action: a) Conduct public hearing; b) find that the applicants have demonstrated good faith compliance with the terms of their development agreements; and c) receive and file Annual Reports of Development Agreements for Pacific View Memorial Park (Attachment No. 1) and North Newport Center (Attachment No. 2). 14. HYATT REGENCY NEWPORT BEACH EXPANSION (PA2005 -212) - 1107 JAMBOREE ROAD - CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT, PARCEL MAP NO. 2007 -003, USE PERMIT NO. 2005 -046, MODIFICATION PERMIT NO. 2007 -095, AND DEVELOPMENT AGREEMENT NO. 2005 -002 - THE PROPOSED TIMESHARE DEVELOPMENT AND HOTEL EXPANSION WOULD INCLUDE THE ADDITION OF 88 TIMESHARE UNITS, A NEW 800 -SEAT BALLROOM FACILITY, A NEW 10,072 SQUARE FOOT SPA AND FITNESS CENTER, AND A NEW TWO -LEVEL PARKING GARAGE. Action: a) Conduct public hearing; b) adopt Resolution No. 2009 -_ (Attachment 1) certifying the Final Environmental Impact Report (SCH. No. 2006121052) and adopting a Mitigation Monitoring and Reporting Program; c) adopt Resolution No. 2009 -_ (Attachment 2) adopting a Statement of Overriding Considerations and approving Parcel Map No. 2007 -003, Use Permit No. 2005 -046, and Modification Permit No. 2007 -095, subject to the findings and conditions; and d) introduce Ordinance No. 2009 -_ (Attachment 3) approving Development Agreement No. 2005 -002, and pass to second reading on March 10, 2009. 15. AMENDMENT TO NUISANCE ABATEMENT ORDINANCE TO PROVIDE FOR RECOVERY OF ATTORNEYS' FEES AND COSTS IN NUISANCE ABATEMENT ACTIONS. Action: a) Conduct public hearing; and b) introduce Ordinance No. 2009 -_ amending Section 10.50.160 of the Municipal Code, and pass to second reading on March 10, 2009, 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 16, PLANNING COMMISSION AGENDA FOR FEBRUARY 19, 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 XDI. 17, EXCESS GENERAL LIABILITY INSURANCE RENEWALS. Action: Approve the renewal of the excess general liability insurance coverage for a one -year policy for $577,189 in premium. 18. PROPERTY INSURANCE PROGRAM RENEWAL. Action: Approve the renewal of the property insurance program with a total premium of $661,021 for a total insured value of $144,077,105. 19. EXCESS WORKERS COMPENSATION (WC) INSURANCE RENEWAL. Action: Approve the renewal of the excess workers compensation coverage for at twelve -month policy with a Self- Insured Retention (SIR) of $1 million with statutory coverage limits and premiums as outlined in the staff report. 20. UNSCHEDULED VACANCY ON THE PARKS, BEACHES AND RECREATION COMMISSION. Action: Appoint one of the two nominees (Thomas Anderson and Ron Cole) to fill the vacancy on the Parks, Beaches and Recreation Commission, which was created as a result of the resignation of Cristine Trapp. 5 21. PROPOSED ASSESSMENT DISTRICT NO. 87 (BALBOA ISLAND) - AREA GENERALLY BOUNDED BY BAY FRONT NORTH AND SOUTH AND BALBOA ISLAND WEST OF COLLINS ISLE AND EAST OF GRAND CANAL. Action: a) Adopt Resolution No. 2009 -_ adopting a map showing the proposed boundaries of, and making appointments for proposed Assessment District No. 87; b) adopt Resolution No. 2009 -` declaring intention to order the construction of certain improvements in proposed Assessment District No. 87, declaring the improvements to be of special benefit, describing the district to be assessed to pay the costs and expenses thereof, providing for the issuance bonds, and to designate the area an Underground Utilities District; and c) adopt Resolution No. 2009 -_ giving preliminary approval to the Report of the Assessment Engineer for Assessment District No. 87, setting the time and place for a public hearing as April 28, 2009, and ordering the initiation of Assessment Ballot Procedures. 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. ADJOURNME NT - In memory of Newport Beach resident and Deputy City Attorney Donna Bigi 0