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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, October 28, 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 October 28, 2008 I. STUDY SESSION - 4:00 p.nL II. CLOSED SESSION - [Refer to separate agenda from City Attorney] III. RECES S IV. RECONVENE AT 7.00 P.M. FOR REGULAR MEETING V. ROLL CALI VI. CLOSED SESSION REPORT (if applicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Ms. Korienek, Saint Michaels and All Angels Episcopal Church IX, PRESENTATIONS -None 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 W_QULD 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 - 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 OFMINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF OCTOBER 14, 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. ORDINANCE FOR ADOPTION 8. ELIMINATING THE USE OF EXPANDED POLYSTYRENE DISPOSABLE FOOD SERVICE WARE WITHIN NEWPORT BEACH'S CORPORATE LIMITS. Adopt Ordinance No. 2008 -17 banning expanded polystyrene (Styrofoam®) food service ware within Newport Beach's corporate limits. C. RESOLUTIONS FOR ADOPTION 4. SEJOUR EUROPEAN BISTRO & LOUNGE APPEAL - 3400 VIA LIDO - REVOCATION OF USE PERMIT NOS. 2001 -005 AND 2002 -034 (PA2002 -167) (contd. from 10114108). Adopt Resolution No. 2008 -_ revising or deleting certain conditions of approval contained in Planning Commission Resolution No. 1762 as follows: a) amend Condition 2 to reflect the primary and principle use of the establishment as retail sales in Unit Al and wine tasting and education seminars in Unit A2 (dining tables and chairs shall be prohibited in both areas; b) delete Condition 3 to allow eating at the wine tasting bar; c) amend Condition 7 to allow limited appetizers to be served in conjunction with wine tasting and wine educational seminars; d) amend Condition 8 to extend the hours of operation to 12:00 a.m. midnight on weekends (Friday, Saturday, and Sunday); e) delete Condition 9 to eliminate the "cold kitchen" restriction; and 0 amend Condition 13 to allow non - amplified music. 5. DISABILITY RETIREMENTS OF CITY EMPLOYEES; AND INDUSTRIAL DISABILITY RETIREMENT DETERMINATIONS OF LOCAL SAFETY EMPLOYEES WHO ARE MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS), AND RESCINDING RESOLUTION NO. 2006 -27. a) Adopt Resolution No. 2008- _ delegating authority to the City Manager to act on behalf of the City with regard to disability retirements of City employees; b) establishing a procedure for industrial disability retirement determinations of local safety employees who are members of PERS; and c) rescinding Resolution No. 2006- 27. D. CONTRACTS AND AGREEMENTS 6. PROFESSIONAL SERVICES AGREEMENT FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE AERIE PROJECT. Receive and File. 7. SELECTION OF CLEAR CHANNEL OUTDOOR AS SOLE BUS SHELTER PROVIDER FOR THE CITY OF NEWPORT BEACH. Direct staff to Finalize an agreement with Clear Channel Outdoor based substantially on the deal points in Exhibit A, and authorize the Mayor and City Clerk to execute the agreement. 8. WEBSITE AND INTRANET REDESIGN PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH VISION INTERNET PROVIDERS. Approve a Professional Services Agreement with Vision Internet Providers, Inc. of Santa Monica, for the redesign of the City of Newport Beach website and intranet at a not to exceed price of $80,500 and authorize the Mayor and City Clerk to execute the agreement. 9. PROFESSIONAL SERVICES AGREEMENT FOR HISTORICAL DOCUMENT SCANNING SERVICES FOR FY 2008 -2009. Approve a Professional Services Agreement with MCO - Advanced Document Imaging Solutions for historical document scanning services in an amount not to exceed $50,000 for FY 2008 -2009. 10. BIRCH STREET PAVEMENT REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3792). 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 one year after Council acceptance. 11. JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO FAIRCHILD ROAD) - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING. a) Approve a Professional Services Agreement with VA Consulting of Irvine, for the Jamboree Road Improvements (Bristol Street North to Fairchild Road) project at a not to exceed price of $295,359, and authorize the Mayor and City Clerk to execute the agreement; and b) approve a budget amendment (09BA- 019) recognizing additional Measure M Competitive GMA funds in the amount of $250,000 from Orange County Transportation Authority (OCTA) and appropriating $250,000 to Account No. 7284- C2002019 for the Jamboree Road Improvements Project. 12. CENTRAL LIBRARY BOOKSTORE RENOVATION - ACCEPT DONATIONS FROM TH FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH LANDWORKS LLC. a) Approve a budget amendment (09BA -020) recognizing contributions in the amount of $200,000 from Friends of the Newport Beach Library for improvements to the Central Library Bookstore Renovation project and appropriating $200,000 to Account No. 7011- C1002008; and b) approve Amendment No. 2 to the Professional Services Agreement with Landmarks, LLC for additional design and construction engineering services in the amount of $24,500 and authorize the City Manager and City Clerk to execute the amendment. E. MISCELLANEOUS 13. APPOINTMENTS TO THE ECONOMIC DEVELOPMENT COMMITTEE. Transfer incumbent EDC member Jim Donnell to fill the vacancy representing Fashion Island/Newport Center and appoint Jeffrey Cole to fill the At -Large vacancy. 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 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. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR OCTOBER 23, 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. XVII. CONTINUED BUSINESS 15. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE CITY COUNCIL PRIORITIES FOR 2008. Action: Review and comment, as needed. 16. REVIEW THE COUNCIL APPROVED BOARDS, COMMISSIONS AND COMMITTEES LIST, AND CONSIDER SUNSETTING OR ELIMINATING COMMITTEES. Action: Review the list of the Council approved boards, commissions and committees and make any changes. necessary to reflect those official boards, commissions and committees you desire to maintain. XVIII. 0IRRENT S I SS 17. REVENUE AND INVESTMENT UPDATE. Action: Receive and file, 18. TEMPORARY EXTENSION OF THE LENGTH OF TIME PERMITTED FOR THE DISPLAY OF PROMOTIONAL TEMPORARY BANNERS. Action: Adopt Resolution No. 2008 -_ allowing businesses to display promotional temporary banners for 120 days per calendar year through December 31, 2009. XI%. MOTION FOR RECONSIDERATION A motion to reconsider the tote 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 - Adjourn to Saturday, November 8, 2008, at 8:30 a.m., Fairmont Hotel, 4500 MacArthur Boulevard [Salt Creek Boardroom] - Closed Session (City Attorney interviews)