HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, January 12, 2010
Regular Council Meeting - 7:00 p.m.
KEITH D. CURRY
Mayor
MICHAEL F. HENN DON WEBB
Mayor Pro Tern Council Member
EDWARD D. SELICH
Council Member
STEVEN ROSANSKY
Council Member
LESLIE J. DAIGLE
Council Member
NANCY GARDNER
Council Member
DAVE KIFF - City Manager LEILANI BROWN - City Clerk
DAVID HUNT - City Attorney SHARON WOOD - Assistant City Manager
STEPHEN 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. 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 generally 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 website:
http://www.newportbeachca.gov
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 OFF OR SET IN SILENT MODE.
NEWPORT BEACH CITY COUNCIL AGENDA
COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD
January 12, 2010
I. STUDY SESSION - 3:30 p.m.
II. CLOSED SESSION - After Study Session - Council Chambers Conference Room
A. Conference with Legal Counsel - Existing Litigation (Government Code & 54956.9(a)):
Eleven matters:
1. Group Homes Matters: Five matters all arising out of the Group Homes litigation
brought against the City, as follows:
a. Cross -Claim Against Morningside Recovery as the only remaining portion of the
Concerned Citizen's u. City of Newport Beach, U.S. District Court Case No. SACV 08-
00192-JVS (RNBx)
b. Sober Living By The Sea v. City of Newport Beach, U.S. District Court Case
No. SACV 08.00200 JVS (RNBx)
c. City of Newport Beach v. Morningside Recovery, Orange County Superior Court
Case No.07CC11694
d. Pacific Shores u. Newport Beach, U.S. District Court Case No. SACV 08 -00457 AG
(PLAx)
e. Newport Coast Recovery u. City of Newport Beach, U.S. District Court Case
No. SACV 09 -0701 DOC (ANx);
2. Group Homes Matters: Six matters all arising out of the Group Homes investigation
brought against the City, as follows:
a. Pacific Shores u. Newport Beach
U.S. Dept. of Housing & Urban Development Investigation No.
09- 08- 0592.8
b. Newport Coast Recovery u. City of Newport Beach
U.S. Dept. of Housing & Urban Development Investigation No.
09- 09- 0713-8
c. Paul Murdoch u. City of Newport Beach
U.S. Dept. of Housing & Urban Development Investigation No.
09 -09- 0831 -8
d. The Kramer Center v. City of Newport Beach
U.S. Dept. of Housing & Urban Development Investigation No.
09 -09- 0833 -8
e. Oxford House v. City of Newport Beach
U.S. Dept. of Housing & Urban Development Investigation No.
09 -09. 0830 -8
f. Yellowstone u. City of Newport Beach
U.S. Dept. of Housing & Urban Development Investigation No.
09 -09- 0834 -5
B. Conference with Real Property Negotiator (Government Code § 54956.81-.
Three Parcels of Real Property:
1. Property: 608 E. Balboa Boulevard
City Negotiator: Sharon Wood
Negotiating, Parties: Levon Gugasian
Under Negotiation: Consideration of acquisition of property
Testimony given before the City Council is recorded.
Yellow light indicates that the speaker has one minute for summation;
and the red light will signify when the speaker's time limit is up.
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 Boulevard during normal business hours.
In addition, such writings and documents will be posted on the City's website at www.newportbeachca.gov.
2. Property: Access Road to Sunset Ridge Park
City Negotiators: Ed Selich, Steve Rosansky and David Webb
Under Negotiation: Acquisition of easement for access to proposed Sunset Ridge Park
3. Property: Coast Highway in Front of China Palace Restaurant
City Negotiator: Sharon Wood and David Webb
Negotiating Party: Jack Mau
Under Negotiation: Acquisition of Public Right of Way for PCH Expansion
C. Conference with labor negotiators (Government Code § 54957.6):
Aizencv Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy,
Human Resources Director
Emolovee Organization: Multiple Newport Beach associations - Lifeguard Management
Association (LMA), Newport Beach Firefighters' Association (NBFA), Police Management
Association (PMA), Police Employees' Association (PEA) and Fire Management Association
(FMA)
D. Public Employee Performance Evaluation (Government Code § 54957(b)(1)):
The City Council will meet in closed session to consider the appointment, employment,
evaluation of performance, discipline, or dismissal of two public employee(s).
1. Titles: City Clerk; 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 - Reverend Robert Jordan Ross, Newport Universalist Society
D:. PRESENTATION
State and National Library Awards Presentation
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 (5)
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 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)
XII. CONSENT CALENDAR
All matters listed under CONSENT CALENDAR (7 - 18) 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, and 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 MINUTESIORDINANCES AND RESOL UTIONS
1. MINUTES OF THE ADJOURNED REGULAR MEETING OF DECEMBER 2,
2009 AND THE REGULAR MEETING OF DECEMBER 8, 2009. 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
3. COST RECOVERY ORDINANCE (CHAPTER 3.36), FEE RESOLUTION AND
MASTER FEE SCHEDULE. Adopt Cost Recovery Ordinance No. 2009 -32,
amending Chapter 3.36 of the Newport Beach Municipal Code.
C. RESOLUTION FOR ADOPTION
4. A TEMPORARY EXTENSION OF THE LENGTH OF TIME PERMITTED
FOR THE DISPLAY OF PROMOTIONAL TEMPORARY BANNERS. Adopt
Resolution No. 2010 -- allowing businesses to display promotional temporary
banners for 120 days per calendar year through December 31, 2010.
D. CONTRACTS AND AGREEMENTS
5. BAYVIEW WAY - ENCROACHMENT OF NON - STANDARD
IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY. a) Approve the
applicant's request to install, maintain and use non - standard improvements which
include, but are not limited to, pavement striping, traffic delineators, temporary
directional signage, vehicle staging, valet operations, shuttle vehicle drop -off and
pick -up and other appurtenances within the Bayview Way right -of -way adjacent to
3300 Jamboree Road; and b) authorize staff to execute an encroachment permit and
encroachment agreement for the non - standard improvements in the public
right -of -way on Bayview Way adjacent to 3300 Jamboree Road.
6. PLAYGROUND RESILIENT SURFACE RENOVATION - APPROVAL OF
CHANGE ORDER FOR CONTRACT NO. 4228. a) Authorize the Public Works
Director to raise the percentage change order allowance to 45 percent and approve
Change Order No. 2 in the amount of $19,889.10, which provides for the
replacement of resilient playground surface at Peninsula Park; and b) approve
Budget Amendment No. BAIO.026 transferring $6,000.00 from General Fund
Account No. 7015- C4002004 (Eastbluff Park Playground Equipment) to ADA
Playground Resurfacing & Accessibility Improvements Account No. 7015 -
C4002008.
OASIS SENIOR CENTER - AUDIO & VISUAL SYSTEMS AWARD OF
CONTRACT NO. 4414. a) Approve the project plans and specifications; b) award
Contract No. 4414 to Cibola Systems for the total bid price of $241,562.00 and
authorize the Mayor and the City Clerk to execute the contract; and c) establish a
construction contingency amount of $24,438.00, approximately 10 percent, to cover
the cost of unforeseen work.
8. APPROVAL OF SOLE SOURCE PURCHASE FOR OUTDOOR FURNITURE
AT THE OASIS SENIOR CENTER. Approve a sole source purchase from
Outdoor Design Studio to supply the newly constructed OASIS Senior Center with
outdoor furniture in an amount not to exceed $76,174.00.
9. AUTHORIZATION TO RETAIN TOM ROSSMILLER (RETIRED
EMPLOYEE) ON A PART -TIME BASIS. Authorize the City Manager and City
Clerk to execute Amendment No. 1 to the Professional Services Agreement for
part -time work associated with Newport Bay for a not to exceed cost of $23,000.
10. AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS WITH
CONSULTING FIRMS PROVIDING SERVICES RELATED TO NEWPORT
BANNING RANCH DEVELOPMENT. Receive and file.
11. HARBOR PATROL MOORING ADMINISTRATION - INTERIM MONTH TO
MONTH AGREEMENT WITH ORANGE COUNTY SHERIFF'S HARBOR
PATROL. Authorize the City Manager to extend the Harbor Patrol contract for
mooring administrative services on a month -to -month basis for $24,166.67 per
month.
E. MISCELLANEOUS
12. APPOINTMENTS TO THE ECONOMIC DEVELOPMENT COMMITTEE.
a) Appoint David P. Hsiang to fill the At -Large vacancy; and b) appoint Kimberly A.
Van Natta to fill the Fashion Island/Newport Center vacancy.
13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE CROWLEY
FAMILY FOUNDATION FOR LIBRARY SERVICES AND APPROPRIATE
FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY 2009110.
Approve Budget Amendment No. 10BA -023 to increase revenue estimates by $7,500 in
Account No. 4010 -5901, (Private Donations and Contributions) and to increase
expenditure appropriations in 4093 (Designated Gifts) accounts by the same amount
due to the receipt of funds from the Crowley Family Foundation.
14. APPOINTMENTS BY THE MAYOR TO THE COUNCIL/CITIZENS AD HOC
COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE
CITIZENS ADVISORY COMMITTEES. Confirm the appointments outlined in
the staff report.
15. CITY WIDE STREET SWEEPING- REQUEST FOR PROPOSAL. a) Approve
the Street Sweeping Request for Proposal (RFP) document for distribution to the
list of contractors on file with the General Services Department; and b) authorize
staff to return to Council with a recommendation on how street sweeping services
are to be provided and a selected firm, if appropriate.
16. CIVIL SERVICE BOARD'S RECOMMENDATIONS AFTER COMPLETION
OF THE POLICE MANAGEMENT ASSOCIATION'S REQUEST OF AN
INVESTIGATION INTO THE PROMOTIONAL PROCESSES OF THE
POLICE DEPARTMENT. a) Accept the recommendations of the Civil Service
Board as set forth in Civil Service Board Resolution No. 2009 -02 from its December
7, 2009 meeting; and b) direct staff to present the recommendations to the Charter
Update Commission for consideration of Civil Service System modernization.
17. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA
STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY
SERVICES FOR FISCAL YEAR 09/10. Approve Budget Amendment
No. 10BA -027 to increase expenditure appropriations by $11,644 in Division 4060,
Literacy, and to increase revenue estimates for the same amount in Account
No. 4010 -4832, California Library Literacy Services.
18. CHARTER UPDATE COMMISSION: APPOINTMENT OF AD HOC
COUNCIL SUBCOMMITTEE TO REVIEW APPLICATIONS. Approve the
Mayor's appointment of Mayor Curry, Council Member Webb, and Council Member
Selich to the Ad Hoc Subcommittee to review the Charter Update Commission
applications, interview applicants, and make recommendations at the January 26,
2010 meeting as to which citizens should be appointed to the Charter Update
Commission.
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 three (3) minutes. Before
speaking, please state your name for the record.
XVI. PUBLIC HEARINGS
19. MEGONIGAL RESIDENCE (PA2007 -133) - 2333 PACIFIC DRIVE -
MODIFICATION PERMIT NO. MD2007 -080.
Action: a) Conduct public hearing; b) adopt Resolution No. 2010 -_ certifying the
Megonigal Residence Environmental Impact Report (SCH #2009051043) and
adopting a Mitigation Monitoring and Reporting Program; and c) adopt
Resolution No. 2010 -_, approving Modification Permit No. 2007 -080
subject to findings and conditions.
XVII. CURRENT BUSINESS
20. RESOLUTION NO. 2010-: FISCAL SUSTAINABILITY PLAN.
Action: Adopt Resolution No. 2010 -_ relating to a Fiscal Sustainability Plan for
the City of Newport Beach.
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.
XIV. ADJOURNMENT - In memory of Oral Roberts, Roy Disney, and Nancy Bergeson.
10