Loading...
HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, May 13, 2008 Regular Council Meeting - 7:00 p.m. EDWARD D. SELICH Mayor LESLIE J. DAIGLE DON WEBB Mayor Pro Tern 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 May 13, 2008 I. STUDY SESSION - 4:00 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 annlicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Reverend Thai Trinh, Our Lady Queen of Angels Church DL PRESENTATIONS City Recognition of National Planning Award. Poppy Week Proclamation. Proclamation Recognizing the Ocean Rescue by Summer Watson and Amy Dichiro. K 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 I3 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 MI. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1— 22) 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 RESOL UTIONS MINUTES OF THE ADJOURNED REGULAR MEETING OF APRIL 16, 2008, AND THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF APRIL 22, 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. RESOLUTIONS FOR ADOPTION 3. AMENDMENT TO RESOLUTION ESTABLISHING ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE. Adopt Resolution No. 2008 - adding a mission statement and broadening the responsibilities of EQAC. 4. AUTHORIZATION TO ACCEPT THE CALIFORNIA DEPARTMENT OF FISH AND GAME (DFG) FUNDS FOR THE INTERIOR IMPROVEMENTS AND FURNISHING OF THE BACK BAY SCIENCE CENTER'S ADMINISTRATION WING AND ITS AQUATIC LIFE SUPPORT SYSTEM. Adopt Resolution No. 2008 -_ authorizing the City Manager to accept funds from the DFG for the Back Bay Science Center. C. ORDINANCES FOR ADOPTION 5. KENNELS IN WEST SANTA ANA HEIGHTS. Adopt Ordinance No. 2008 -12 amending Title 7 and Title 20 of the NBMC pertaining to the regulation of kennels. 6. HOAG MEMORIAL HOSPITAL PRESBYTERIAN MASTER PLAN UPDATE (PA2007 -073), ONE HOAG DRIVE — CERTIFICATION OF FINAL SUPPLEMENTAL ENVIRONMENT IMPACT REPORT; GENERAL PLAN AMENDMENT NO. 2007 -005; PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2007 -001; AND DEVELOPMENT AGREEMENT AMENDMENT NO. 2007 -001. a) Adopt Ordinance No. 2008 -9 approving Planned Community Development Plan Amendment No. 2007 -001; and b) adopt Ordinance No. 2008 -10 approving Development Agreement Amendment No. 2007 -001. D. CONTRACTS AND AGREEMENTS ACCEPTANCE OF THE 2007 URBAN AREAS SECURITY INITIATIVE (UASI) GRANT TRANSFER AGREEMENT. a) Accept the 2007 UASI Grant transfer agreement training funds in the amount of $47,315.46 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 (08BA -064) increasing revenue estimates by $47,315.46 in 1820- 48665, UASI Grant, and increasing expenditure appropriations by $47,315.46 in 7014- C8002010. 8. COAST HIGHWAY SIDEWALK — MORNING CANYON TO SEAWARD ROAD (C -3965) — AWARD OF CONTRACT. 1) Approve the project plans and specifications; b) award contract to Hillcrest Contracting for the total bid price of $95,702.70, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $15,000 (15 %) to cover the cost of unforeseen work. 9. EASTBLUFF DRIVE STREET REHABILITATION (C -3968) — AWARD OF CONTRACT. a) Approve the project plans and specifications; b) award contract to All American Asphalt for the total bid price of $1,069,069, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $100,000 to cover the cost of unforeseen work. 10. CENTRAL LIBRARY BOOKSTORE RENOVATION — APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH LANDWORKS, LLC. a) Approve Amendment No. 1 to the Professional Services Agreement with Landworks, LLC, of Costa Mesa, for additional design engineering services for the Central Library Bookstore Renovation project for a not to exceed price of $12,750 and authorize the City Manager and City Clerk to execute the Amendment; and b) approve a budget amendment (08BA -063) transferring $12,750 from Account No. 7271 - C4050781 (Central Library HVAC Repairs) to 7271- CIO02008 (Central Library Bookstore Renovation). 11. WEST NEWPORT PARK TENNIS COURT FENCE REPLACEMENT (C -3947) — 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 1 year after Council acceptance. 12. BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET (C -3778) — AUTHORIZE AN INCREASE IN CONTRACT CONTINGENCY. Approve a budget amendment (08BA -069) appropriating $47,500 from the unappropriated General Fund to the Buck Gully Wetlands and Maintenance Road Repairs Project, Account No. 7014- C5100659, to increase the contingency from 10% ($34,500) to 24% ($82,000) to cover unanticipated additional costs for the project. 13. MARINERS PARK RESTROOM CONSTRUCTION (C -3992) — AWARD OF CONTRACT. a) Approve the project plans and specifications; b) award the contract to Nile Advanced Construction, Inc., for the total bid price of $543,000, and authorize the Mayor and City Clerk to execute the contract; c) establish $54,300 to cover the cost of unforeseen construction work; d) establish an amount of $42,500 for supplemental expenses including $15,000 to cover an early completion incentive, $22,500 for geotechnical and material testing services, and $5,000 for building inspection and miscellaneous expense; and e) approve a budget amendment (08BA -068) transferring $639,800 from unappropriated General Fun balance into Account No. 7015- C5100909. 14. AMENDMENT NO. 1 TO CONTRACT FOR EELGRASS PLANTING AND SURVEY. Authorize the Mayor and City Clerk to execute Amendment No. 1 with Coastal Resources Management. 15. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT MEMORANDUM OF UNDERSTANDING FOR LANDSCAPE INSTALLATION AND MAINTENANCE. Approve the Memorandum of Understanding for landscape installation and maintenance between Corona del Mar Business Improvement District and the City of Newport Beach. 16. LEASE WITH JAKOSKY PROPERTIES FOR CITY OFFICE SPACE AT 503 32ND STREET. a) Approve the lease with Jakosky Properties for an office suite at 503 32 ^d Street, and authorize the City Manager and City Clerk to sign the lease; b) approve a budget amendment (08BA -067) transferring $21,560 for computer equipment and office furniture from unappropriated general fund reserve to Code and Water Quality Enforcement and Building Department capital outlay accounts; and c) appropriate $29,468 from unappropriated fund balance in fiscal year 2008 -09 fro rent and utilities, with $14,734 to the Building Department and $14,734 to Code and Water Quality Enforcement. 17. BUDGET AMENDMENT FOR CONTINUATION OF PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING, PLANNING AND ADVOCACY SERVICES FOR THE LOCAL COASTAL PROGRAM (LCP). Approve a budget amendment (08BA -070) increasing the expenditure appropriation of 2710 -8294 by $75,000 from the General Fund unappropriated fund balance. 18. WAYFINDING AND DIRECTIONAL SIGNAGE PROGRAM PHASE II — APPROVAL OF THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH HUNT DESIGN ASSOCIATES. Approve Third Amendment to Professional Services Agreement with Hunt Design Associates for design development of the Citywide Wayfinding & Directional Signage Program Phase II for a cost not to exceed $48,800, and authorize the Mayor and City Clerk to execute the agreement. E. MISCELLANEOUS 19. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION (NBPLF) AND APPROPRIATE THE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY 2007/08. Approve a budget amendment (08BA -065) to increase revenue estimates by $7,650 in Account No. 4090- 5893 (Library Foundation/NBPLF) and 4010 -5893 (Support Services/NBPLF) and increase expenditure estimates by the same amount in Division 4090 (Foundation) and 4060 (Literacy) respectively. 20. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE MARTHA JANE FLEENER TRUST AND APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY 2007/08. Approve a budget amendment (08BA -066) to increase revenue estimates by $12,000 in Account No. 4010 -5901 (Library Private Donations /Contributions) and to increase expenditure appropriations in 4010 -9000 (Library Support Services - Office Equipment) by the same amount due to the third receipt of funds from the Martha J. Fleener Trust. 21. EMERGENCY SEWER MAIN REPAIR AT RIVERSIDE AVENUE AND WEST COAST HIGHWAY. Approve the emergency expenditure of $43.775 from the sewer enterprise fund required to repair a partially collapsed 8 -inch sanitary sewer pipeline located in West Coast Highway. 22. RECLASSIFICATION OF SENIOR BUYER POSITION TO PURCHASING AGENT. Approve the City Manager's recommendation to reclassify the vacant Senior Buyer position in the Administrative Services Department to the new classification of Purchasing Agent with a monthly salary range of $5,619 - $7,902. 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 23. PUBLIC HEARING TO CONSIDER THE AWARD OF A NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO UNIVERSAL BOBCAT & HAULING, INC. Action: a) Conduct public hearing; and b) adopt Ordinance No. 2008 -11 granting a Non - exclusive Solid Waste Franchise to Universal Bobcat & Hauling, Inc. 24. NEWPORT BEACH BREWING COMPANY - USE PERMIT NO. 3485 - 2920 NEWPORT BOULEVARD (PA2006 -177) - AMENDING CONDITION NO. 6 AND ADDING CONDITION NO. 28 TO USE PERMIT NO. 3485. Action: a) Conduct public hearing; and b) adopt Resolution No. 2008 -_ to amend Condition No. 6 and add Condition No. 28 to Use Permit No. 3485. 25. TOMMY BAHAMAS AT CORONA DEL MAR PLAZA (PA2008 -029) - 854 AVOCADO AVENUE - REQUEST TO AMEND USE PERMIT NO. 3623 TO PERMIT AN ADDITIONAL 461 SQUARE FOOT OUTDOOR DINING PATIO. Action: a) Conduct a de novo public hearing; and b) adopt Resolution No. 2008 -_ granting the appeal and reversing the decision of the Planning Commission by approving an amendment to Use Permit No. 3623, subject to the findings and conditions of approval. 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. CURRENT BUSINESS 26. COST RECOVERY ORDINANCE. Action: Introduce Ordinance No. 2008 -_ amending Chapter 3.36 of the NBMC regarding the Recovery of Costs for the performance of certain municipal services, and pass to second reading on May 27, 2008. 27. VENDOR SELECTION FOR CONTRACT NEGOTIATIONS FOR RESIDENTIAL SOLID WASTE TRANSFER SERVICES AND MATERIALS PROCESSING/RECYCLING (MRF). Action: Direct staff to negotiate a ten -year contract with CR &R Inc. to provide residential solid waste transfer services and material processing /recycling services. XVIII. 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. XIX. ADJOURNMENT