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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, February 26, 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 HARKLESS - 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 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. 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.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 26, 2008 I. STUDY SESSION - 3:30 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 anulicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Reverend Robert Jordan Ross, Newport Universalist Society IX. PRESENTATION Presentation to the Mayor and City Council of the Mayors Cup by AYSO. 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 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. XII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 25) 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. M C. 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF FEBRUARY 12, 2008. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND full of all ordinances and resolutions Clerk to read by title only. ORDINANCE FOR ADOPTION RESOLUTIONS. Waive reading in under consideration, and direct City 3. 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. Adopt Ordinance No. 2008 -8 approving Planned Community Development Plan Amendment No. 2006 -003. PH OW 831to if 4. ADOPT A RESOLUTION FOR MEASURE M FUNDING APPLICATION FROM THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA). Adopt Resolution No. 2008 -_ for the submittal of project proposals to be considered for Measure M funding from the Orange County Transportation Authority (OCTA). 5. CERTIFICATION OF SPECIAL MUNICIPAL ELECTION RESULTS. Adopt Resolution No. 2008 -_ declaring the results of the Special Municipal Election held on February 5, 2008. ► 9 1 a ! - of 1 6. PROPOSED MODIFICATIONS TO CITY CLERICS EMPLOYMENT AGREEMENT. Approve the proposed Employment Agreement for the Newport Beach City Clerk. 7. MCFADDEN SQUARE CENTENNIAL LEGACY PROJECT: APPROVAL OF THE FINAL DESIGN AND PROGRESS PAYMENT. a) Approve the final design and clay model of the proposed artwork for the McFadden Square Centennial Legacy Project; and b) authorize payment of the Second Installation Payment of $30,000 to Artist/Sculpture Hank Kaminsky. 8. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RED OAK CONSULTING FOR WATER RATE STUDY. a) Approve a professional services agreement with Red Oak Consulting at a not to exceed price of $88,177 and authorize the Mayor and City Clerk to execute the agreement; and b) approve a budget amendment (08BA -049) in the amount of $88,177 moving funds from the water enterprise system reserve to the Utilities' professional and technical services account. 9. CORONA DEL MAR STREET REHABILITATION - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH COAST SURVEYING, INC. Approve a Professional Services Agreement with Coast Surveying, Inc. of Tustin, for additional survey work at a not to exceed price of $49,196 and authorize the Mayor and City Clerk to execute the agreement. 10. SAN JOAQUIN HILLS ROAD MEDIAN TREES (C -4008) - AWARD OF CONTRACT. a) Approve the project plans and specifications; b) award the contract to Belaire -West Landscape, Inc. for the total bid price of $39,980 and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $4,000 to cover the cost of unforeseen work. 11. CASTAWAYS PARK MARINES 1/1 MONUMENT (C -4003) - AWARD OF CONTRACT AND BUDGET AMENDMENT APPROVAL FOR ANTICIPATED EXPENDITURES. a) Approve the project plans and specifications; b) award the contract to E.C. Construction for the total bid price of $27,421.75, and authorize the Mayor and City Clerk to execute the contract; c) establish an amount of $3,078.25 to cover the cost of unforeseen work; d) approve a budget amendment (08BA -047) increasing revenue estimates in Account 0110 -5922 by $98,000 and expenditure estimates in Account 7014- C8002007 by $98,000 to provide for the commissioned artwork; and e) approve a budget amendment (08BA -047) increasing Account 7014 - C8002007, Marine 1/1 Monument, by $45,500 from General Fund unappropriated fund balance to provide $30,500 for site preparation and $15,000 for installation of the monument and related recognition and donor plaques. 12. TRAFFIC SIGNAL MODERNIZATION - APPROVAL OF PURCHASE CONTRACT WITH ECONOLITE CONTROL PRODUCTS, INC. Approve a Purchase Contract with Econolite Control Products, Inc. of Anaheim, for purchase, installation, maintenance and repair services of the icons Advanced Traffic Management System, at a not to exceed price of $584,610 and authorize the Mayor and City Clerk to execute the agreement. 18. UTILITY UNDERGROUND ASSESSMENT DISTRICT AND INSPECTION ON -CALL SERVICES - APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH HARRIS & ASSOCIATES, AND WILLDAN GROUP, INC. Approve On -Call Professional Services Agreements with Harris & Associates and Willdan Group, Inc. for on -call underground utility assessment district and inspection services and authorize the Mayor and City Clerk to execute the agreements. 14. SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER (C -8852) - COMPLETION AND ACCEPTANCE OF CONTRACT. a) Accept the 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. 15. OASIS SENIOR CENTER PROGRAM MANAGEMENT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH GKK WORKS. a) Approve a Professional Services Agreement with GKK Works of Irvine, for program management services at a not to exceed price of $89,090 and authorize the Mayor and City Clerk to execute the Agreement; and b) approve a budget amendment (08BA -050) appropriating $89,090 from the General Fund unappropriated fund balance to Account 7453- C1002007. 16. SIDEWALK, CURB AND GUTTER REPLACEMENT FY 2006 -07 (C -8866) - COMPLETION AND ACCEPTANCE OF CONTRACT. 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. 17. IRVINE AVENUE AND DOVER DRIVE 24" WATER MAIN (C -8708) - COMPLETION AND ACCEPTANCE OF CONTRACT. 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. NEW CITY HALL FACILITY (C -4021) - AUTHORIZE A BUDGET AMENDMENT FOR VARIOUS INITIAL SUPPLEMENTAL CONSULTING SERVICES NECESSARY TO SUPPORT FUTURE DESIGN ACTIVITY. Approve a budget amendment (08BA -048) appropriating $150,000 from the General Fund unappropriated fund balance to Account 7410- C1002009 to retain professional consultants for various initial supplemental services necessary to support future design documents for the proposed City Hall facility on Avocado Avenue adjacent to the Central Library. 19. EXCESS WORKERS COMPENSATION (WC) INSURANCE RENEWAL. Approve the renewal of the excess workers compensation coverage for a twelve month policy with a Self- Insured Retention (SIR) of $1 million with statutory coverage limits and $376,123 in premium. 20. EXCESS GENERAL LIABILITY AND POLLUTION LIABILITY INSURANCE RENEWALS. Approve the renewal of the excess general liability insurance coverage for a one -year policy for $500,330 in premium and $206,594 in premium for pollution liability for a three -year policy. 21. PROPERTY INSURANCE PROGRAM RENEWAL. Approve the renewal of the property insurance program with a total premium of $694,597 for a total insured value of $144,240,970. E. MISCELLANEOUS 22. MCFADDEN SQUARE CENTENNIAL LEGACY PROJECT: APPROVAL OF HISTORICAL TIMELINE. Approve the editorial listings of historical events in Newport Beach for the Historical Timeline Walkway Path to be engraved and installed at McFadden Square. 23. REVISIONS TO COUNCIL POLICY A -6, "OPEN MEETING POLICIES" AS IT PERTAINS TO THE ORDER OF BUSINESS FOR COUNCIL MEETINGS. Approve the revisions to Council Policy A -6. 24. BUDGET AMENDMENT - SURFING /SAILING/TENNIS RESERVE ACCOUNTS. Approve a budget amendment (08BA -051) in the amount of $114,280, transferring funds from various accounts to enhance the City's recreational programs. 25. MARINERS JOINT USE LIBRARY (C -3496) - APPROVAL OF DEED RESTRICTION TO COMPLY WITH STATE LIBRARY BOARD GRANT REQUIREMENTS. a) Approve a Deed Restriction on City owned property upon which the Mariners Joint Use Library is located and authorize the Mayor and City Clerk to sign the Deed Restriction; and b) authorize the City Clerk to file the Deed Restriction with the County Recorder's Office for recording. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. PUBLIC HEARING 26. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO GREEN ENVIRONMENTAL WASTE AND RECYCLING, LLC. Action: a) Conduct public hearing; and b) adopt Ordinance No. 2008 -7 granting a Non - exclusive Solid Waste Franchise to Green Environmental Waste and Recycling, LLC. 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 XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 27. PLANNING COMMISSION AGENDA FOR FEBRUARY 21, 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. CURRENT BUSINESS 28. CITY COUNCIL DIRECTION TO STAFF REGARDING THE ANNEXATION OF THE SANTA ANA COUNTRY CLUB AND SOUTH MESA DRIVE UNINCORPORATED AREAS IN SANTA ANA HEIGHTS. Action: Direct the City Manager to take no action to negotiate a property tax sharing agreement with the County, with the understanding the application will remain incomplete and will fail to be acted upon by the Local Agency Formation Commission (IAFCO) Board before April 2008, when the application will expire. 29. CITY COUNCIL APPROVAL OF A JOINT "GO LOCAL" FUNDING APPLICATION SUBMITTAL WITH COSTA MESA TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) FOR A STUDY RELATED TO THE MOVEMENT OF AIR PASSENGERS WITHIN ORANGE COUNTY. Action: a) Approve the Cooperative Agreement with OCTA for the Go Local program; b) authorize the City Manager and City Attorney to accept minor revisions that may be requested by OCTA staff and counsel; C) authorize the Mayor and City Clerk to execute the final agreement; and d) direct staff to schedule a joint City Council meeting with the City of Costa Mesa following the execution of the Cooperative Agreement with OCTA. 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