HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, December 9, 2008
Regular Council Meeting - 7:00 p.m.
EDWARD D. SELICH
Mayor
LESLIE J. DAIGLE DON WEBB
Mayor Pro Tem
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
LEILANI I. BROWN - City Clerk SHARON Z. WOOD - Assistant City Manager
STEPHEN G. BADUM - Public Works Director
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. I£ 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. I£ 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 Leilani Brown, 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
December 9, 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 ann icable)
VII. PLEDGE OF ALLEGIANCE
VIII. INVOCATION - Rabbi Marc Rubenstein, Temple Isaiah
DL PRESENTATIONS
Proclamation in Support of "A Day Without a Bag" on December 18
Presentation by the Local Agency Formation Commission (LAFCO)
X. REORGANIZATION
A. CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS.
Action: Adopt Resolution No. 2008 -100 declaring the results of the General
Municipal Election held on November 4, 2008.
B. ADMINISTRATION OF OATH OF OFFICE.
Action: a) The City Clerk calls the newly re- elected Council Members
forward, administers the Oath of Office prescribed in the State
Constitution to the elected officials, and delivers to each a Certificate
of Election; and b) the newly re- elected Council Members are seated
at the Council dais.
C. ELECTION OF MAYOR.
The City Clerk presides over the election of the Mayor. The City Clerk, in presiding,
places all members of the Council on an equal basis to nominate and elect.
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
Action: a) Conduct oral nominations for Mayor and conduct election by roll
call vote; b) new Mayor is announced by the City Clerk; and c) Mayor
takes proper place at Council dais.
D. ELECTION OF MAYOR PRO TEM.
The Mayor presides over the election of the Mayor Pro Tem. The Mayor, in
presiding, places all members of the Council on an equal basis to nominate and elect.
Action: a) Conduct oral nominations for Mayor Pro Tem and conduct election
by roll call vote; b) new Mayor Pro Tem is announced by the City
Clerk; and c) Mayor Pro Tem takes proper place at Council dais.
E. SEATING ARRANGEMENTS FOR CITY COUNCIL.
Action: Council decides on seating arrangement of Council dais (senior
Council Members having first preference).
F. REMARKS.
Action: a) Presentation of gavel plaque to outgoing Mayor; b) outgoing
Mayor's remarks; c) new Mayor's remarks; and d) remarks from
newly re- elected Council Members.
XI. 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.
NII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR
REPORT (NON - DISCUSSION IT_EM):
XIII. CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under CONSENT CALENDAR (1- 14) 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
1. MINUTES OF THE ADJOURNED REGULAR MEETING OF
NOVEMBER 25, 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-AD OPTION
3. RESCIND RESOLUTION NO. 2008 -93; ADOPT RESOLUTION
NO. 2008 -_ ELIMINATING AND SUNSETTING EIGHT
PREVIOUSLY ESTABLISHED COMMITTEES. a) Rescind Resolution
No. 2008.23 which eliminated nine committees, including the Newport Coast
Advisory Committee (NCAC); b) adopt Resolution No. 2008 -- eliminating
eight committees; and c) direct staff to return to Council at a future date with
suggestions to refocus the NCAC's role and meeting schedule.
4. PROPOSITION 1B LOCAL STREETS AND ROADS FUNDING PLAN
FOR 2008 -2009 ALLOCATION. Adopt Resolution No. 2008 -_ authorizing
the submittal of a funding proposal to the Department of Finance for the FY
2008 -2009 allocation of Proposition 113 - Local Streets And Roads
Improvement, Congestion Relief, and Traffic Safety Account Funds.
5. OASIS ("OLDER ADULT SOCIAL AND INFORMATION SERVICES ")
SENIOR CENTER - 800 AND 801 MARGUERITE AVENUE -
DETERMINATION OF EXEMPTION FROM ZONING AND
DEVELOPMENT REGULATIONS (PA2008 -109) AND ADOPTION OF
THE MITIGATED NEGATIVE DECLARATION (MND). a) Exempt the
OASIS Senior Center project from the zoning and development regulations of
the Newport Beach Municipal Code; and b) adopt Resolution No. 2008 -_
(Exhibit 1) approving the Mitigated Negative Declaration (MND) and the
Mitigation Monitoring and Reporting Program (MMRP) on the basis of the
entire environmental review record.
C. CONTRACTS AND AGREEMENTS
6. RECOMMENDATION TO RENEW THE PROFESSIONAL SERVICES
AGREEMENT WITH ATTORNEY THOMAS C. EDWARDS
REGARDING AIRPORT ISSUES CONSULTING UNDER THE SAME
CONDITIONS OF THE CURRENT CONTRACT FOR THE 2009 YEAR.
Authorize the City Manager to enter into a new agreement with Thomas C.
Edwards under the same conditions, but for the complete year.
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
DENNIS DANNER UPON HIS RETIREMENT FOR A
CONTINUATION OF FINANCIAL AND MANAGEMENT SERVICES
FOR A NOT TO EXCEED TWELVE MONTHS DURATION. Authorize
the City Manager to enter into the professional services contract with
Mr. Danner.
8. 2008 -09 TRAFFIC SIGNAL REHABILITATION (C -4102) - AWARD OF
CONTRACT. a) Approve the project plans and specifications;
b) award C -4102 to TDS Engineering for the total bid price of $208,127, and
authorize the Mayor and City clerk to execute the contract; and c) establish
an amount of $30,000 to cover the cost of unforeseen work.
9. CORONA DEL MAR STREET REHABILITATION PROJECT (C3963)
- PHASE 1 - AWARD OF CONTRACT. a) Approve the project plans and
specifications; b) award C -3963 to R.J. Noble Company for the total bid price
of $1,514,045 and authorize the Mayor and City Clerk to execute the
contract; and c) establish an amount of $150,955 (approximately 10 %) to
cover the cost of unforeseen work.
10. EAST BAY AVENUE AND "A" STREET IMPROVEMENTS (C -3955) -
COMPLETION AND ACCEPTANCE. 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.
11. EXTENSION OF PROFESSIONAL SERVICES AGREEMENT FOR
CONSULTING, PLANNING AND ADVOCACY SERVICES FOR THE
LOCAL COASTAL PROGRAM (LCP). Authorize the City Manager to
execute an amendment to the Professional Services Agreement with D.B.
Neish, Inc. extending the term to May 30, 2009.
D. MISCELLANEOUS
12. ACCEPT FIREMAN'S FUND GRANT. a) Accept the Fireman's Fund
Heritage Reward Grant in the amount of $25,000 ($20,000 will be used to
purchase two Thermal Imaging Cameras and $5,000 will be used towards the
purchase of a CERT vehicle); b) approve a sole source contract with AllStar
Fire Equipment Inc. for an amount not to exceed $20,000 for the Thermal
Imaging Cameras; and c) approve budget amendment (09BA -031) increasing
revenue estimates by $25,000 in 2320.4914 and appropriating those funds
into Fire Department account 2320 - 82007.
13. REQUEST FOR FUNDING FOR TRAFFIC MANAGEMENT CENTER
AND SIGNAL MODERNIZATION IMPROVEMENTS. Approve a budget
amendment (09BA -030) appropriating $50,000 from the unappropriated
Transportation and Circulation Fund with $40,000 placed into Account
No. 7261- C3002005 to cover the costs of purchasing and installing new work
stations, monitors and other related furniture in the existing City Hall
Traffic Operations Area, and $10,000 placed into Account No. 7261- C3002001
and to complete the landscaping improvements at the intersection of Coast
Highway and Iris Avenue.
14. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE
FRIENDS OF THE NEWPORT BEACH LIBRARY AND
APPROPRIATE FUNDS TO MAINTENANCE & OPERATIONS
BUDGET ACCOUNTS FOR FY 2008109. Approve a budget amendment
(09BA -029) to increase revenue estimates by $43,050 in Account No. 4091-
5892 (Friends of the Library Donations), and increase expenditure estimates
by the same amount in Division 4091, Friends, and Division 4060, Literacy.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR,
EXCEPT FOR THOSE ITEMS REMOVED.
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
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
15. PLANNING COMMISSION AGENDA FOR DECEMBER 4, 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. 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.
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