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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, October 14, 2008 Regular Council Meeting - 7:00 p.m. EDWARD D. SELICH Mayor LESLIE J. DAIGLE DON WEBB Mayor Pro Tern MICHAEL F. HENN Council Member STEVEN ROSANSKY Council Member 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 October 14, 2008 I. STUDY SESSION - 4:00 p.m. H. 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 ambcable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Reverend Robert Ross, Newport Universalist Society IX. PRESENTATIONS Library Board Presentation on City Hall Project City Clerks Association of California (CCAC) Recognition of Leilani Brown, Assistant City Clerk, for her Professional Achievement Presentation of Helen Putnam Award from the League of California Cities 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 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 XII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 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 RESOLUTIONS 1. MINUTES OF THE SPECIAL AND REGULAR MEETING OF SEPTEMBER 23, 2008, AND ADJOURNED REGULAR MEETING OF SEPTEMBER 30, 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. CONTRACTS AND AGREEMENTS 3. PRINTING AND MAILING OF CITY MANAGER'S COMMUNITY NEWSLETTER - APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH THE PM GROUP, INC. Approve a Professional Services Agreement with The PM Group, Inc. of Lake Forest, for the printing and mailing of the City Manager's community newsletter at a not to exceed price of $111,072, and authorize the Mayor and City Clerk to execute the Agreement. 4. COAST HIGHWAY SIDEWALK MORNING CANYON TO SEWARD ROAD - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3965). a) Approve 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. 5. KINGS ROADlKINGS PLACE PAVEMENT RECONSTRUCTION - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DMS CONSULTANTS, INC. FOR DESIGN SERVICES. Approve a Professional Services Agreement with DMS Consulting, Inc., of Garden Grove, for design of final construction plans for Kings RoaddKings Place Pavement Reconstruction at a not to exceed price of $74,155 and authorize the Mayor and City Clerk to execute the Agreement. 6. SEWER PUMP STATION MASTER PLAN IMPROVEMENTS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING, INC. Approve a Professional Services Agreement with Stantec Consulting, Inc., of Irvine, for the Sewer Pump Station Master Plan Improvements project at a not to exceed price of $301,421 and authorize the Mayor and City Clerk to execute the Agreement. CORPORATION YARD BUILDING "G" ROOF REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3966). a) Approve 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. 8. INDUSTRIAL WAY - 36 -INCH WATER MAIN REPLACEMENT - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3728). a) Approve 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. 9. BALBOA ISLANDS BULKHEAD AND SEAWALL REPAIR - AWARD OF CONTRACT (C- 3962). a) Approve the project plans and specifications; b) declare the bid submitted by Kitson Specialty Contracting, Inc., of Santa Fe Springs, non - responsive; c) award the contract (C -3962) to Surfside Restoration & Waterproofing, Inc. for the total bid price of $196,385, and authorize the Mayor and City Clerk to execute the contract; and d) establish an amount of $45,615 (23 %) to cover the cost of unforeseen and anticipated work not covered in the original scope. 10. OIL WELL SERVICE REPAIRS - APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT. Approve Amendment No. 2 to Professional Services Agreement with Oil Well Service Company for emergency on -call repair services and authorize the Mayor and City Clerk to execute the Amendment. 11. 2009 RESTAURANT WEEKS' WORK AGREEMENT. Authorize the Mayor and City Clerk to sign the 2009 Restaurant Weeks Work Agreement between the City, Restaurant Association and California Marketing Concepts. 12. APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF COSTA MESA AGREEING TO A FORMAL PARTNERSHIP REGARDING JOHN WAYNE AIRPORT (JWA) EFFORTS. Approve the Memorandum of Understanding (MOLT). 13. PROFESSIONAL SERVICES AGREEMENT WITH WARE DISPOSAL, INC. FOR CITY FACILITIES REFUSE REMOVAL SERVICES. Approve the agreement with Ware Disposal, Inc. for City Facilities Refuse removal services on a regularly scheduled basis. 14. WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT REPLACEMENT - COMPLETION AND ACCEPTANCE (C- 4005). 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. 15. MCFADDEN SQUARE CENTENNIAL MONUMENT - COMPLETION AND ACCEPTANCE (C- 3981). a) Approve 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; d) release the Faithful Performance Bond 1 year after Council acceptance; e) approve a budget amendment (09BA -017) recognizing new revenues received for the McFadden Square Centennial Monument and appropriating $22,000 to Account No. 7015- C8002005 to complete the construction of this project; and f) approve a budget amendment (09BA -017) appropriating from the unappropriated General Fund balance $15,000 to Account No. 5300 -8034 to repair damages to City property caused by a private party. 16. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES - HYATT REGENCY ENVIRONMENTAL IMPACT REPORT (EIR). Receive and file. C. MISCELLANEOUS 17. DATE CHANGE FOR NOVEMBER 11, 2008 CITY COUNCIL MEETING. Receive and file. 18. TRAFFIC IMPACT (FAIRSHARE) FEE UPDATE - APPROVAL OF BUDGET AMENDMENT TO FUND FEE NEXUS STUDY. Approve a budget amendment (09BA -015) appropriating $16,750 from the unappropriated General Fund balance to Account No. 7014- C5200975 (Traffic Impact Fee Study). 19. ACCEPTANCE OF REBATE FROM METROPOLITAN WATER DISTRICT (MWD) AND APPROVAL OF BUDGET AMENDMENT FOR THE PURCHASE OF ADDITIONAL AUTOMATED IRRIGATION CONTROLLERS. Approve a budget amendment (09BA -016) to increase the revenue estimates in Account 500 -4858 (Water Enterprise Fund - Refunds and Rebates from Government) by $22,587.50 and increase Account 7503 - 05500637 (Pumping and Operating - Central Irrigation Control System) by $22,587.50 for the purchase of additional automated irrigation controllers. 20. COAST HIGHWAY RELINQUISHMENT - LETTER REQUESTING INITIATION. Approve a letter requesting Caltrans to begin the process to potentially relinquish Coast Highway from the Santa Ana River Bridge to Jamboree Road and Newport Boulevard from Finley Street to Channel Bridge. 21. SANTA ANA HEIGHTS FIRE STATION (STATION 7) ONE -YEAR REVIEW OF OPERATIONS (PA2007 -024). Receive the one -year review report of first year of operations of Station 7 to ensure the station is operating in a manner consistent with the findings and conditions of approval of Use Permit No. 2007 -003, and file. 22. AMENDMENT TO THE NEWPORT BEACH MUNICIPAL CODE, TITLE 9, FIRE CODE (contd. from 9/23/08). Continue the item for the purpose of studying the effects of potential erosion in relation to the implementation of the proposed Fire Code amendment. 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. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO GB SERVICES, INC. Action: a) Conduct public hearing; and b) adopt Ordinance No. 2008 -16 granting a Non - exclusive Solid Waste Franchise to GB Services, Inc. 24. ADOPTION OF LOCAL HAZARDS MITIGATION PLAN (LHMP) FOR THE CITY OF NEWPORT BEACH AND GENERAL PLAN AMENDMENT NO. 2008- 006 TO THE SAFETY ELEMENT (PA2008 -131). Action: a) Conduct public hearing; b) review the proposed draft Local Hazards Mitigation Plan; c) adopt Resolution No. 2008 -_ approving the Local Hazards Mitigation Plan (LHMP); and d) adopt Resolution No. 2008 -_ approving General Plan Amendment No. 2008 -006 to the Safety Element (PA2008 -131). 25. SEJOUR EUROPEAN BISTRO & LOUNGE APPEAL - 3400 VIA LIDO - REVOCATION OF USE PERMIT NOS. 2001 -005 AND 2002 -034 (PA2002 -167). Action: a) Conduct a de novo public hearing; and b) adopt Resolution No. 2008 -_ upholding and affirming the decision of the Planning Commission to amend Use Permit No. 2001 -005 and rescind Use Permit No. 2002 -034, which permitted the sale of distilled spirits for on -site consumption, live entertainment, and expanded hours of operation. 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 26. PLANNING COMMISSION AGENDA FOR OCTOBER 9, 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. CONTINUED BUSINESS 27. ELIMINATING THE USE OF EXPANDED POLYSTYRENE DISPOSABLE FOOD SERVICE WARE WITHIN NEWPORT BEACH'S CORPORATE LIMITS. Action: Introduce Ordinance No. 2008 -_ banning expanded polystyrene (Styrofoam®) food service ware within Newport Beach's corporate limits, and pass to second reading on October 28, 2008- 28. RESOLUTION ENCOURAGING A CITYWIDE TEN PERCENT VOLUNTARY WATER CONSERVATION (contd. from 9/23/08). Action: Adopt Resolution No. 2008 -_ encouraging City of Newport Beach water customers to assist the City in its goal to reduce water usage Citywide on a voluntary basis by ten percent through implementation of water conservation measures. XIX. CURRENT BUSINESS 29. AMENDMENTS TO COUNCIL POLICY D -1 (MEDIA RELATIONS). Action: Approve the amended City Council Policy on Media Relations (D -1). 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. M. ADJOURNMENT