HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, September 8, 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 website:
http://www.newportbeachca.gov
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
September 8, 2009
I. STUDY SESSION - 3:00 p.m
II. CLOSED SESSION -After Study Session - Council Chambers Confe'r`ence Room
A. Conference with Legal Counsel - Existing Litigation (Government Code
4 54956.9(a)): Seven matters:
• Harvey v. City of Newport Beach, Orange County Superior Court Case
No. 07CC05400; Court of Appeals, Fourth Appellate District, Case No. G042257.
• IBC Litigation Matters: Four matters, all arising out of the IBC Litigation
against the City of Irvine:
1. Newport BeachlTustin v. City of Irvine (Martin Street), Orange
County Superior Court Case No. 07CC01264.
2. Newport Beach/Tustin v. City of Irvine (2851 Alton), Orange County
Superior Court Case No. 07CC01265.
3. Newport Beach/Tustin v. City of Irvine (HCG), Orange County Superior
Court Case No. 30 -2008- 0022885- CU- WM -CXC.
4. Newport Beach/Tustin v. City of Irvine (Accessory Retail Business
Regulations), Orange County Superior Court Case No. 30- 2009- 00264696.
• Lundquist v. City of Newport Beach, Orange County Superior Court Case
No. 30 -2009 00123544.
• Save Irreplaceable Land Forms Coalition v. City of Newport Beach, Orange
County Superior Court Case No. 30 -2009 002983006.
B. Conference with Legal Counsel - Anticipated Litigation - Exposure to Litigation
(Government Code § 54956.9(b)): One matter:
1. Potential litigation regarding the claim of discrimination filed by Brett Smith.
1
Testimony given before the City Council is recorded.
Yellow light indicates that the speaker has one minute for summation;
and the red light will signify when the speaker's time limit is up.
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 Boulevard during normal business hours.
In addition, such writings and documents will be posted on the City's website at www.newportbeachca.gov.
C. Consider the Appointment. Emulovment. Evaluation of Performance. Discipline
or Dismissal of Public Employee (Government Code & 54957(b)(1)):
The City Council will meet in closed session to consider the appointment, employment,
evaluation of performance, discipline, or dismissal of one public employee.
1. Title: 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 - Reverend Robert Jordan Ross, Newport Universalist Society
D(. PRESENTATIONS
Life Saving Award Presentation.
Presentation of Insurance Services Offices (ISO) Award.
Proclamation Recognizing International Literacy Day.
Proclamation for City Manager Homer Bludau.
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 (5)
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
All matters listed under CONSENT CALENDAR (I - 19) 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 MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR
MEETING OF AUGUST 11, 2009, AND THE SPECIAL MEETING OF
AUGUST 18, 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 ADOPTION
3. TRANSIENT OCCUPANCY TAX (TOT)IVISITOR SERVICE FEE
ORDINANCE UPDATE RE: THE PAYMENT OF TAX AND FEES PRIOR TO
SEEKING JUDICIAL REVIEW. Adopt Ordinance No. 2009 -17 amending
Chapters 3.16 and 3.28 of the Newport Beach Municipal Code relating to the
payment of Uniform Transient Occupancy Taxes (UTOTs) and Visitor Service Fees
(VSFs) prior to seeking judicial review.
C. ORDINANCE FOR INTRODUCTION
4. CHANGES TO NBMC 11.08.010 (OBSTRUCTION ON PUBLIC BEACHES
PROHIBITED) AND NBMC 11.08.020 (USE OF CONCEALING UMBRELLAS
PROHIBITED). Introduce Ordinance No. 2009 — amending Sections 11.08.010
and 11.08.020 of Chapter 11.08, City of the Newport Beach Municipal Code, to
further regulate the use of shade coverings on ocean beaches, bay beaches, and
tidelands, and pass to second reading on September 22, 2009.
5. FILM ORDINANCE AMENDMENTS TO CODIFY FILM LIAISION
POSITION, REQUIRE PERMITS FOR COMMERCIAL FILMING AT
PRIVATE RESIDENTIAL PROPERTY, AND AMENDING APPEAL
PROVISIONS. Introduce Ordinance No. updating Chapter 5.46, regulating
commercial film production, and pass to second reading on September 22, 2009.
D. CONTRACTS AND AGREEMENTS
6. LITTLE CORONA RESTROOM REHABILITATION - COMPLETION AND
ACCEPTANCE (C- 3913). 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.
7. MESA -BIRCH PARK - COMPLETION AND ACCEPTANCE OF CONTRACT
(C- 3787). 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.
8. APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES
AGREEMENT WITH DOTY BROS. CONSTRUCTION COMPANY,
APPROVAL OF AMENMENT NO. 3 WITH GCI CONSTRUCTION, INC.,
AND APPROVAL OF AMENDMENT NO. 2 WITH VALVERDE
CONSTRUCTION, INC. FOR ON -CALL UNDERGROUND UTILITY
REPAIRS. a) Approve Amendment No. 3 to Professional Services Agreement with
Doty Brothers Construction Company for on -call underground utility repair
services, and authorize the Mayor and City Clerk to execute the amendment;
b) approve Amendment No. 3 to Professional Services Agreement with GCI
Construction, Inc. for on -call underground utility repair services and authorize the
Mayor and City Clerk to execute the amendment; and c) approve Amendment No. 2
to Professional Services Agreement with Valverde Construction, Inc. for on -call
underground utility repair services, and authorize the Mayor and City Clerk to
execute the amendment.
9. REIMBURSEMENT AGREEMENT WITH HOAG MEMORIAL HOSPITAL
PRESBYTERIAN FOR SUPERIOR AVENUE MEDIAN IMPROVEMENTS.
a) Approve the Public Improvement Funding Reimbursement Agreement with Hoag
Memorial Hospital Presbyterian for the Superior Avenue Median Improvements;
and b) approve a budget amendment (10BA -010) to appropriate $52,802.94 from the
General Fund reserve account to reimburse Hoag for the City's fair share cost for
the Superior Avenue median extension.
10. ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT -
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
WILLDAN ENGINEERING FOR DESIGN SERVICES. a) Approve a
Professional Services Agreement with Willdan Engineering of Anaheim, California,
for design services at a not -to- exceed fee of $71,755.00, and authorize the Mayor
and City Clerk to execute the Agreement.
11. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT WITH POUK & STEINLE, INC. FOR ON -CALL ELECTRICAL
SERVICES. Approve Amendment No. 1 to Professional Services Agreement with
Pouk & Steinle, Inc. for on -call electrical services, and authorize the Mayor and
City Clerk to execute the amendment.
12. ACCEPTANCE OF THE 2008 URBAN AREAS SECURITY INITIATIVE
(UASI) GRANT TRANSFER ALLOCATION. a) Accept the 2008 UASI Grant
Fund Training Allocation in the amount of $49,358.17 to be utilized for
reimbursement training costs associated with approved Department of Homeland
Security (DHS) courses for emergency response personnel; and b) approve a budget
amendment (10BA -009) increasing revenue estimates by $49,358.17 in 1820 -486A,
UASI Grant, and increasing expenditure appropriations by $49,358.17 in
7014- C8002016.
13. PENINSULA POINT WATER AND SEWER IMPROVEMENTS - AWARD OF
CONTRACT (C4066). a) Approve the project plans and specifications; b) award
the contract (C -4066) to Paulus Engineering, Inc. for the Total Bid Price of
$1,415,079, and authorize the Mayor and the City Clerk to execute the contract;
and c) establish an amount of $141,000 to cover the cost of unforeseen work.
14. NEWPORT BEACH CIVIC CENTER PROJECT - APPROVAL OF
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR TRAFFIC ENGINEERING SERVICES. .Approve
Amendment No. 1 to the Professional Services Agreement with RBF Consulting, of
Irvine, California, to provide supplemental traffic engineering services at a not to
exceed price of $217,790, and authorize the Mayor and City Clerk to execute the
agreement.
15. NEWPORT BEACH CIVIC CENTER PROJECT - APPROVAL OF
AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH
LEIGHTON CONSULTING, INC. FOR GEOTECHNICAL SERVICES.
Approve Amendment No. 3 to the Professional Services Agreement with Leighton
Consulting, Inc., of Irvine, California, to provide supplemental geotechnical
exploration and consulting services at a not to exceed price of $99,640, and
authorize the Mayor and City Clerk to execute the agreement.
16. JUSTICE ASSISTANCE GRANT. Approve Agreement to transfer funds for Fiscal
Year 2009, Justice Assistance Grant (JAG), and authorize the City Manager to
execute the Agreement.
E. MISCELLANEOUS
17. RESPONSE TO GRAND JURY ON "PAPER WATER - DOES ORANGE
COUNTY HAVE A RELIABLE FUTURE?". Approve the response letter to the
Grand Jury report on "Paper Water - Does Orange County Have a Reliable
Future?" and authorize the Mayor to submit the report to the Presiding Judge of
the Superior Court pursuant to Penal Code 933.05 (a) and (b).
18. UNSCHEDULED VACANCY ON THE BUILDING AND FIRE BOARD OF
APPEALS. Confirm the nominations of William Dildine and Stephen Sandland as
presented by the Ad Hoc Appointments Committee to fill the unscheduled vacancy
on the Building and Fire Board of Appeals as a result of the resignation of Paul
Larry Root.
19. REVISION OF TWO -HOUR PARKING LIMIT ON A PORTION OF SNUG
HARBOR ROAD. a) Adopt Resolution No. 2009 -_ limiting the parking of
vehicles on certain streets to two hours and rescinding Resolution No. 2001 -88; and
b) introduce Ordinance No. 2009 -_ approving revisions to the Preferential
Parking Zone "2" - Newport Heights and Cliff Haven, and pass to second reading on
September 22, 2009.
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
20. ANNUAL REVIEW OF FLETCHER JONES DEVELOPMENT AGREEMENT
(PA2009 -052).
Action: a) Conduct a public hearing; and b) find that Fletcher Jones Motorcars is in
good faith compliance with Development Agreement No. 9.
21. COST RECOVERY ORDINANCE - CHAPTER 3.36, FEE RESOLUTION AND
MASTER FEE SCHEDULE.
Action: a) Conduct a public hearing; b) introduce Cost Recovery Ordinance
No. 2009, amending Exhibit A to Chapter 3.36 of the Newport Beach
Municipal Code, and pass to second reading on September 22, 2009; and
c) adopt Resolution No. 2009 -____ with Master Fee Schedule.
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 three (3) minutes. Before
speaking, please state your name for the record.
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
22. PLANNING COMMISSION AGENDA FOR AUGUST 20, 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. CURRENT BUSINESS
23. CITY COUNCIL ACCEPTANCE OF THE FINAL REPORT FROM ICMA
CONSULTANTS REGARDING THE ESTABLISHMENT OF PERFORMANCE
MEASURES AND BENCHMARKS, IN ORDER TO CONTINUOUSLY IMPROVE AS
AN ORGANIZATION.
Action: Accept the report and provide direction to staff as desired.
24. SALE OF BONDS FOR ASSESSMENT DISTRICT NO.103.
Action: a) Adopt Change Proceedings Resolution No. 2009_ which 1) reduces the
assessment to reflect the deletion of capitalized interest and 2) determines
the remaining unpaid assessments; and b) adopt Bond Issuance Resolution
No. 2009_ which 1) authorizes the sale of 1915 Act Assessment bonds not
to exceed $3,429,200 for Assessment District No. 103, 2) authorizes the
execution and delivery of an indenture in substantially the form presented,
3) approves the form of a Preliminary Official Statement and authorizes the
execution and delivery of a final Official Statement, 4) authorizes the
execution and delivery of a Disclosure Dissemination Agent Agreement in
substantially the form presented, 5) authorizes the execution and delivery
of a Bond Purchase Contract in substantially the form presented, and
6) authorizes staff to take the necessary steps to provide for the sale and
issuance of the bonds.
25. WATER UTILITY FINANCIAL PLAN AND WATER RATE INCREASES.
Action: a) Approve the Water Utility Financial Plan; b) set the public hearing on
water rate increase for November 10, 2009; and c) direct staff to send rate
increase notices as required by Proposition 218 with the rates proposed in
the Financial Plan.
XIX. 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.
XX. ADJOURNMENT