HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Wednesday, November 12, 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
HOMER BLUDAU - City Manager,
HARKLESS - City Clerk, STEPHEN G.
WOOD - Assistant City Manager.
NANCY GARDNER
Council Member
KEITH D. CURRY
Council Member
ROBIN CLAUSON - City Attorney, LAVONNE
BADUM - Director of Public Works, SHARON Z.
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
November 12, 2008
I. STUDS 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 applicable)
VII. PLEDGE OF ALLEGIANCE
VIII. INVOCATION - Rabbi Craig Lewis, Shir Ha -Ma'a Lot Temple
IX- PRESENTATION
Proclamation to City Clerk LaVonne M. Harkless
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 VMV CITY.NEWPORT- BEACH.CA.US
XII. CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under CONSENT CALENDAR (I — 14) are considered by the Council to be
routine and will all be enacted by one motion in the form listed below. 77ae City Council
Members have received detailed staff reports on each of the items recommending an action.
Acre 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 AND REGULAR
MEETING OF OCTOBER 28, 2008. Waive reading of subject minutes,
approve as written and order filed.
f.3,
C.
2. READING OF ORDINANCES AND
full of all ordinances and resolutions
Clerk to read by title only.
ORDINANCE FOR INTRODUCTION
RESOLUTIONS. Waive reading in
under consideration, and direct City
3. ORDINANCE AMENDING SECTION 5.50.050 OF THE NEWPORT
BEACH MUNICIPAL CODE REGARDING MASSAGE
ESTABLISHMENTS — REQUIREMENTS OF OPERATORS. Introduce
Ordinance No. 2008 -_, and pass to second reading on November 25, 2008.
RESOLUTIONS FOR ADOPTION
4. INTERIM FUNDING REIMBURSEMENT AUTHORIZATION FOR
THE OASIS SENIOR CENTER AND SUNSET RIDGE PARK. Adopt
Resolution No. 2008 - and Resolution No. 2008 -_ that would allow the
City the option to reimburse itself for project costs incurred prior to possible
future debt issuances for the OASIS Senior Center project and the
development of Sunset Ridge Park.
5. RESOLUTION ELIMINATING AND SUNSETTING NINE
PREVIOUSLY ESTABLISHED COMMITTEES IN ORDER TO
REDUCE THE LIST OF CITY OFFICIAL COMMITTEES. Adopt
Resolution No. 2008 -_ eliminating nine committees: 1) Ad Hoc Committee
to Promote the Revitalization of the Balboa Peninsula (PROP), 2) City - School
Ad Hoc Committee, 3) Oil and Gas Field Operations Committee,
4) Neighborhood Traffic Calming Committee, 5) 111 Memorial Committee,
6) City Clerk Ad Hoc Recruitment Committee, 7) City Attorney Ad Hoc
Recruitment Committee, 8) Santa Ana River Crossing (SARX) Ad Hoc
Committee, and 9) Newport Coast Advisory Committee.
D. CONTRACTS AND AGREEMENTS
6. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT
HOLIDAY BANNERS — APPROVAL OF ENCROACHMENT PERMIT
N200"385. a) Conditionally approve the request of the Corona del Mar
Business Improvement District (CDM BID) for the installation of 32 holiday
banners on City streetlight poles from November 12, 2008 to January 11,
2009 — installation will be along East Coast Highway from Avocado Avenue
to Hazel Drive; and b) waive City fees associated with the banners and their
installation.
WEST OCEAN FRONT ALLEY WATER MAIN REPLACEMENT
PROJECT — 14TH STREET TO MCFADDEN SQUARE — AWARD OF
CONTRACT (C- 4007). a) Approve the project plans and specifications;
b) award the contract (C -4007) to John T. Malloy Inc. for the total bid price of
$629,580 and authorize the Mayor and the City Clerk to execute the contract;
and c) establish and amount of $62,958 (10 %) to cover the cost of unforeseen
work.
8. 2007 -2008 CITYWIDE SLURRY SEAL PROGRAM — COMPLETION
AND ACCEPTANCE OF CONTRACT (C- 3960). 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; d) release the Faithful Performance Bond 1 year
after Council acceptance; and e) approve a budget amendment (09BA -022)
recognizing contributions in the amount of $660 from Our Lady of Mount
Carmel Church for improvements to its parking lot.
9. MACARTHUR BOULEVARD MEDIAN TREES — AWARD OF
CONTRACT (C- 4054). a) Approve the project plans and specifications;
b) award the contract (C -4054) to Jeff Tracy, Inc. dba Land Forms Landscape
Construction for the total bid price of $57,674, and authorize the Mayor and
the City Clerk to execute the contract; and c) establish an amount of $10,000
(17 %) to cover the cost of unforeseen work.
10. OASIS SENIOR CENTER CONSTRUCTION MANAGEMENT —
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT
AMENDMENT NO. 1 WITH GKK WORKS. Approve Amendment No. 1 to
the Professional Services Agreement with GKK Works of Irvine, to provide
project and construction management services at a not to exceed price of
$662,000, and authorize the Mayor and the City Clerk to execute the
amendment.
11. PROFESSIONAL SERVICES AGREEMENT WITH ADT SECURITY
SERVICES, INC. (ADT) FOR ON -CALL SECURITY AND FIRE
MONITORING, MAINTENANCE AND INSTALLATION SERVICES.
Approve the Professional Services Agreement with ADT Security Systems,
Inc. for on -call security and fire monitoring, maintenance and installation
services, and authorize the Mayor and City Clerk to execute the agreement.
E. MISCELLANEOUS
12. REVISION OF COUNCIL POLICY F -2 — RESERVES/DESIGNATIONS
OF FUND BALANCE. Approve the recommended changes to Council
Policy F -2 — Reserve /Designations of Fund Balance.
13. HUMAN SERVICES GRANTS FOR 2008 -09. Authorize the allocation of
$25,000 in Human Services Grants as outlined in the staff report.
14. UPDATE ON PROPOSITION 83 ("JESSICA'S LAW") AND LOCAL
SEX REGISTRANT ENFORCEMENT. Receive and file.
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 HEARING
15. SALE OF BONDS FOR ASSESSMENT DISTRICT NO. 99 -2.
Action: Adopt Resolution No. 2008 -_, authorizing: a) the sale of 1915 Act
Assessment bonds not to exceed $1,978,488 for Assessment District
No. 99 -2; b) the execution and delivery of one or more Indentures in
substantially the form presented; c) the execution and delivery of one
or more Official Statements and continuing Disclosure Agreements in
substantially the form presented; d) the execution and delivery of one
or more Bond Purchase Contracts in substantially the form
presented; e) staff to take the necessary steps to provide for the sale
and issuance of the bonds; and f) approve a budget amendment
(09BA -021) for $12,448.05 for funding and assessment on the 15th
Street Restrooms, included in Assessment District No. 99 -2
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
16. PLANNING COMMISSION AGENDA FOR NOVEMBER 6, 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
17. CITY HALL DESIGN COMMITTEE — DRAFT FINAL REPORT.
Action: Receive and file.
XD{. 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