HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCII. CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, February 12, 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
STEVEN ROSANSKY
Council Member
NANCY GARDNER
Council Member
KEITH D. CURRY
Council Member
HOMER BLUDAU - City Manager, ROBIN CLAUSON - City Attorney, LAVONNE
HAR.ELESS - 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 NEARING: 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:/Avww.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 LaVonne Harkless, 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 12,2008
I. STUDY SESSION — 4:00 p.m.
IL CLOSED SESSION — [Refer to separate agenda from City Attorney]
M. RECESS
IV. RECONVENE AT 7:00 PAL FOR REGULAR MEETING
V. ROLL CALL
VI. CLOSED SESSION REPORT (if applicable)
VII. PLEDGE OF ALLEGIANCE
VIII. INVOCATION — Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal Church
IX. PRESENTATION
Police Explorer Competition
Recent Code Enforcement Actions to Abate Nuisances — John Kappeler
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):
TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS RECORDED.
RED LIGHT WELL SIGNIFY WHEN SPEAKERS TIME LIMIT IS UP;
YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION.
XH. CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under CONSENT CALENDAR (I — 13) 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 JANUARY 22, 2008. Waive reading of subject
minutes, approve as written and order filed.
2. READING OF ORDINA
full of all ordinances and
Clerk to read by title only.
B. ORDINANCE FOR ADOPTION
ICES AND RESOLUTIONS. Waive reading in
resolutions under consideration, and direct City
3. RESOLUTION TO PROVIDE SECTION 20516 (EMPLOYEE SHARING
COST OF ADDITIONAL BENEFITS) APPLICABLE TO SECTION
21354.4 (2.5% @ 55 FORMULA) FOR LOCAL MISCELLANEOUS
MEMBERS. Adopt Ordinance No. 2008 -6 relating to a PERS contract
amendment.
C. RESOLUTION FOR ADOPTION
4. ESTABLISHMENT OF A CITY COUNCIL AD HOC COMMITTEE TO
OVERSEE THE APPRAISAL PROCESS FOR THE BANNING RANCH
PROPERTY AND THE ASSESSMENT OF FUNDING AVAILABILITY
FOR ITS PURCHASE AS OPEN SPACE. a) Adopt Resolution No. 2008-
_ establishing a City Council Ad Hoc Committee to oversee the appraisal
process for the Banning Ranch Property and the assessment of funding
availability for its purchase as open space; and b) proceed with the City
Council's designated Banning Ranch priority for 2008, by establishing an Ad
Hoc Committee and approving the Mayor's appointments of Mayor Selich and
Council Members Rosansky and Gardner to the Committee.
D. CONTRACTS AND AGREEMENTS
5. AWARD OF CONCESSION AT CORONA DEL MAR STATE BEACH
(contd. from 1/22108). a) Select Fuji Grill, Inc. as the next concessionaire at
Corona del Mar State Beach based on the proposal submitted by John Lee in
response to City's Request for Proposals (RFPs) for the CDM concessionaire
2
dated August 31, 2007; and b) authorize the Mayor and City Clerk to execute
the Concession Agreement based on the terms of the agreement.
6. PURCHASE OF 2008 JUNIOR LIFEGUARD PROGRAM UNIFORMS.
Award the 2008 City of Newport Beach Junior Lifeguard Program uniform
contract to Hurley for the total cost of $154,450 (excluding tax).
7. BUFFALO HIIJ S, BONITA CREEK AND SAN MIGUEL PARK
LIGHTING IMPROVEMENTS — AWARD OF CONTRACT (C- 3964).
a) Approve the project plans and specifications; b) award the contract
(C -3964) to Macadee Electric Construction for the total bid price of $323,692,
and authorize the Mayor and the City Clerk to execute the contract; and
c) establish an amount of $15,000 to cover the cost of unforeseen work.
8. ASSESSMENT DISTRICT NO. 99 — APPROVAL OF AMENDMENT
NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH HARRIS
& ASSOCIATES (C- 3595). a) Approve Amendment No. 2 to the Professional
Services Agreement with Harris & Associates of Irvine for additional
assessment engineering services for Revised Underground Utility
Assessment District No. 99 for a not to exceed price of $28,450 and authorize
the Mayor and City Clerk to execute the Amendment; b) approve remittance
payment of $33,100 to AT &T for redesign fees; and c) approve a budget
amendment (08BA -045) transferring $75,000 from the Unappropriated
General Fund Reserve Account to Assessment District No. 99, Account No.
74099 -9812.
9. BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT
5TH STREET (C -3778) — AUTHORIZE AN INCREASE IN CONTRACT
CONTINGENCY. a) Increase the project contingency from an amount of
$34,500 to $86,000 to cover unanticipated additional costs for the project; and
b) approve a budget amendment (08BA -046) transferring $25,000 of cost
savings from the Citywide Street and Storm Drain Improvements Project
(General Fund Account No. 7013- C5100019) and $26,500 from Bay Avenue
Drainage Project (General Fund Account No. 7012- C5100829) to the Buck
Gully Wetlands and Maintenance Road Repairs Project (Account No. 7014 -
05100659).
10. RETIREE MEDICAL PROGRAM. Authorize the Mayor, City Manager
and City Clerk to execute the document for participation in CEBRT, with the
intention of budgeting sufficient funds to fully satisfy the remaining liability
over a 20 year period.
E. MISCELLANEOUS
11. FY 2007 -08 MASTER CIP SCHEDULE UPDATE. Receive and file.
12. OASIS SENIOR CENTER (C -3888) — AUTHORIZE A BUDGET
AMENDMENT FOR SUPPLEMENTAL CONSULTING SERVICES
FOR DEVELOPMENT OF CONSTRUCTION DOCUMENTS. Approve a
budget amendment (08BA -044) appropriating $90,000 from the General Fund
unappropriated fund balance to Account 7453- C1002007 to be used to retain
various professional consultants to support development of construction
documents for the OASIS Senior Center.
13. PRESENTATION OF NEWPORT BEACH CUSTOMER
SATISFACTION SURVEY RESULTS FROM CHRIS TATHAM OF ETC
INSTITUTE. Hear the presentation and discuss the survey results to gain a
clear understanding of what context to place them in and provide direction to
the City Manager as desired.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR,
EXCEPT FOR THOSE ITEMS REMOVED.
XHL ITEMS REMOVED FROM THE CONSENT CALENDAR
XIV. PUBLIC HEARING
14. LIBERTY BAPTIST CHURCH SCHOOL EXPANSION (PA2006 -079) —
GENERAL PLAN AMENDMENT NO. 2006.004 — PLANNED COMMUNITY
DEVELOPMENT PLAN AMENDMENT NO. 2006.003 — AMENDMENT TO
USE PERMIT NO. 1726.
Action: a) Conduct public hearing; b) adopt Resolution No. 2008 -_
approving General Plan Amendment No. 2006 -004 and an
amendment to Use Permit No. 1726; and c) introduce Ordinance
No. 2008 -_ approving Planned Community Development Plan
Amendment No. 2006 -003, and pass to second reading on
February 26, 2008.
XV. 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.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
XVH. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
15. PLANNING COMMISSION AGENDAS FOR JANUARY 31, 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. CITY MANAGER'S PROPOSED ASSIGNMENT OF SCHEDULES AND
RESOURCES TO THE CITY COUNCIL'S ESTABLISHED 2008 PRIORITIES.
Action: Review the City Manager's recommendations and make changes
where feasible within the context of staffs ongoing workload and
work on this year's Council priorities.
XDL 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 — In memory of Virginia Herberts