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HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, January 26, 2010 Regular Council Meeting - 7:00 p.m. KEITH D. CURRY Mayor MICHAEL F. HENN DON WEBB Mayor Pro Tem Council Member EDWARD D. SELICH Council Member STEVEN ROSANSKY Council Member. LESLIE J. DAIGLE Council Member NANCY GARDNER Council'Men*er DAVE KIFF _ City Manager. 'LEILANI BROWN - City Celerk DAVID HUNT -City Attorney SHARON WOOD - Assistapt$'ity Manager STEPHEN BADUM- PubliaWorke Director 1 The City provides a yellow sign -in card for those wishing to address-the Council to assist &tfie 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 ie 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 ava*kble 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) 6443006. The agendas, minutes and staff reports are also available on the City's webeite: httpJlwww.newportbeachea.gov It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all respects. Ity 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 26, 2010 I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. Conference with Legal Counsel - Existing Litigation (Government Code 6 54956.9(a)): Six matters: 1. Status Report on Pending Litigation: We will report on a global basis on all pending litigation involving the City. This is an informational item only. No action, however, may be taken on any item unless it is specifically noticed below. 2. Albinali u. Newport Beach, Orange County Superior Court Case No. 30- 2009 - 00329342 3. Vermillion v. Newport Beach, U.S. District Court Case No. CV09 -9371 JFW (MLGx) 4. Benefiel v. Newport Beach, Orange County Superior Court Case No. 30- 2009 - 0032887 5. Catanzarite v. Newport Beach, Orange County Superior Court Case No. 30 -2009- 00332874 6. Cross -Claim Against Morningside Recovery as the only remaining portion of the Concerned Citizen's v. City of Newport Beach, U.S. District Court Case No. SACV 08- 00192-JVS (RNBx) B. Conference with Legal Counsel - Anticinated Litigation - Initiation of Litigation (Government Code 4 54956.9(c)): One matter: 1. Potential initiation of litigation against Mariners Mile Gateway, LLC and Red Mountain Retail Group for imposition of a receiver in order to bring its property at the corner of Dover and PCH into compliance with City regulations and to take any action necessary to abate nuisances. C. Conference with Labor Negotiators (Government Code 6 54957.6): 1. Agency Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy, Human Resource Director 2. Employee Organizations: 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 S 54957(b)(1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of three public employee(s). 1. Titles: City Clerk, City Attorney, and City Manager 1 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.newportbeachea.gov. 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 Karl Stuckenberg, Newport Center United Methodist Church IX. PRESENTATIONS Check Presentation for Main Street Trees Annual Report from the Orange County Human Relations Commission 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) XH. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 24) 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 RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING OF JANUARY 9, 2010, THE ADJOURNED REGULAR MEETING OF JANUARY 11, 2010, THE ADJOURNED REGULAR MEETING OF JANUARY 12, 2010, AND THE REGULAR MEETING OF JANUARY 12, 2010. 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. ORDINANCES FOR INTRODUCTION 3. AMENDMENT TO CHAPTER 14.17 (WATER EFFICIENT LANDSCAPING) OF THE NEWPORT BEACH MUNICIPAL CODE. Introduce Ordinance No. 2010 -_ which amends, in its entirety, Chapter 14.17 of Title 14 of the Newport Beach Municipal Code regulations pertaining to water - efficient landscaping and references the accompanying Design Standards document, and pass to second reading on February 9, 2010. 4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISES TO ATHENS SERVICES AND HAUL -AWAY RUBBISH SERVICE CO., INC. a) Adopt Resolution of Intention No. 2010 -_ for Athens Services Co., Inc. and Resolution of Intention No. 2010- for Haul -Away Rubbish Service Co., Inc. to conduct a public hearing on February 23, 2010, to consider the award of Non- exclusive Solid Waste Franchises to Athens Services and Haul -Away Rubbish Service Co, Inc.; and b) introduce Ordinance No. 2010 -_ and Ordinance No. 2010- granting Non - exclusive Solid Waste Franchises to Athens Services and Haul Away Rubbish Service Co., Inc., and pass to second reading on February 23, 2010. C. RESOLUTIONS FOR ADOPTION 5. CITY COUNCIL CALENDAR FOR 2010. Adopt Resolution No. 2010 - relating to the City Council's 2010 calendar. 6. TERMINATION OF NON - EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT. Adopt Resolution No. 2010- terminating the solid waste franchise agreement between the City of Newport Beach and Greenleaf Grading Company. RESOLUTIONS SUSTAINING HEARING OFFICER'S DENIAL WITH PREJUDICE — YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC. — 1561 INDUS (UP 2008 -034) (RA 2008 -004) (PA 2008 -105); 1621 INDUS STREET (UP 2008 -035) (RA 2009 -005) (PA 2008 -106); 1571 PEGASUS STREET (UP 2008 -036) (RA 2009 -006) (PA 2008 -107); AND 20172 REDLANDS DRIVE (UP 2008 -037) (RA 2009 -007) (PA 2008 -108). Adopt four resolutions denying the appeals, and upholding and affirming the Hearing Officer's decisions to deny with prejudice applications for use permits and reasonable accommodations for each of Yellowstone's four facilities. 8. NEWPORT BEACH FIRST BATTALION, FIRST MARINES ADOPTION COMMITTEE. Adopt Resolution No. 2010 -_ acknowledging the formation of the Foundations and setting the parameters for ongoing City support. 9. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2010 UNDER THE CITY S CONFLICT OF INTEREST CODE. Adopt Resolution No. 2010 -_ adopting the 2010 Designated Employees List. D. CONTRACTS AND AGREEMENTS 10. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH SAMPSON OIL COMPANY FOR CITY OIL FIELD FACILITY OPERATIONS AND MAINTENANCE SERVICES. a) Approve Professional Services Agreement (PSA) with Sampson Oil Company for the operations and maintenance of the City Oil Field Facility; and b) authorize the Mayor and City Clerk to execute the Agreement. 11. AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH LACY OIL TOOL CO. FOR REPAIR AND MAINTENANCE OF OIL WELL PUMPING UNITS. a) Approve Amendment No. 2 to Professional Services Agreement (PSA) with Lacy Oil Tool Co. for on -call repair and maintenance services for oil well pumping units; and b) authorize the Mayor and City Clerk to execute the Amendment. 12. APPROVAL OF NEGOTIATED PURCHASE OF SOFTWARE FOR AUTOMATED DAILY FIELD ACTIVITY REPORT FROM SPEEDTRACK, INC. a) Authorize the waiver of Council Policy F -5, the adopted purchasing guidelines; b) authorize the Chief of Police or his designee and the City Attorney or his designee to negotiate with the sole source vendor SpeedTrack, Inc., for the purchase, installation, and maintenance of automated daily field activity reporting software; and c) approve a Budget Amendment (10BA -029) increasing expenditure appropriations in 1820 -8141, Supplies Computer Software, by $85,000. 13. VIA LIDO, VIA MALAGA, VIA OPORTO & VIA ANTIBES PAVEMENT REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4096. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) 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 c) release the Faithful Performance Bond one year after Council acceptance. 14. SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM — 2009 -2010 — AWARD OF CONTRACT. a) Approve the project plans and specifications; b) award Contract No. 4189 to Grigolla & Son's Construction Co., Inc. for the total bid price of $302,050, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $78,450 (25% of total bid) to cover the cost of unforeseen and unscheduled additional work. 15. AMETHYST AVENUE — SOUTH OF BAYFRONT MOTORIZED TIDE VALVE REPLACEMENT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4063. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) 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 c) release the Faithful Performance Bond one year after Council acceptance. 16. KLINE DRIVE STREET AND DRAINAGE IMPROVEMENTS — APPROVAL OF A COOPERATIVE AGREEMENT WITH COUNTY OF ORANGE AND ORANGE COUNTY DEVELOPMENT AGENCY. Approve an agreement with the County of Orange and the Orange County Development Agency for the design and construction of Kline Drive Street and Drainage improvements. 17. CORONA DEL MAR STREETLIGHT IMPROVEMENT PROJECT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4090. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) 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; c) release the Faithful Performance Bond one year after Council acceptance; and d) authorize staff to reimburse $8,500.00 to Corona del Mar Business Improvement District. 18. AUTHORIZATION TO RETAIN JERRY STROM (RETIRED EMPLOYEE) ON A PART -TIME BASIS. Authorize the City Manager to temporarily hire back Jerry Strom for up to six months until such time that another employee can fulfill those responsibilities. 19. TRANSFER OF DEVELOPMENT RIGHTS IN NORTH NEWPORT CENTER PLANNED COMMUNITY (PA2009 -159). Adopt Resolution No. 2010 - approving a transfer of development rights in the North Newport Center Planned Community, as follows: 1) Transfer 50,000 square feet of general office from Block 500 to Block 600, and 2) Transfer 165,833 square feet of general office from Block 500 to San Joaquin Plaza. E. MISCELLANEOUS 20. PLANNING COMMISSION AGENDA FOR JANUARY 21, 2010. Receive and file written report. 21. EARLY RETIREMENT INCENTIVE PROGRAM AND ORGANIZATIONAL RESTRUCTURING UPDATE. Authorize the City Manager to rehire certain employees pursuant to Council Policy F -20 and in accordance with PERS requirements subject to ratification of the contracts by Council in February 2010. 22. ESTABLISHMENT OF TWO CLASSIFICATIONS FOR POSITIONS VACATED DUE TO THE EARLY RETIREMENT INCENTIVE PROGRAM. a) Approve the establishment of a new Assistant to the City Manager job classification in the Key and Management Unit with a salary range of $9,018 - $10,959 per month; and b) approve the establishment of a new Administrative Support Services Coordinator job classification in the Key and Management Unit with a salary range of $4,732 - $6,658 per month. 23. APPOINTMENT OF ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE CHAIRPERSON. Confirm the Mayor's appointment of Arlene Greer as the Chairperson of the Environmental Quality Affairs Committee. 24. APPOINTMENT OF JEFFREY COLE TO SPECIAL EVENTS ADVISORY COMMITTEE. Appoint Jeffrey Cole as the Economic Development (EDC) representative to the Special Events Advisory Committee. 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. y1 XVI. 25. ADOPTION OF RESOLUTION TO AMEND THE MEMBERSHIP AND PURPOSE & RESPONSIBILITIES OF THE CHARTER UPDATE COMMISSION; AND CONFIRM APPOINTMENTS TO THE CHARTER UPDATE COMMISSION. a) Adopt Resolution No. 2010 -_, amending Resolution No. 2009 -91 regarding the Membership and Purpose & Responsibilities of the Charter Update Commission, and updating the areas of possible update to the Charter; b) confirm the Mayor's appointments of Mayor Pro Tern Henn as the non- voting Council liaison and Mayor Curry as the alternate non - voting Council liaison; and c) make appointments from the fourteen (14) applications submitted to serve on the Charter Update Commission. 26, PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF 608 E. BALBOA BOULEVARD AND 209 WASHINGTON STREET. a) Approve and authorize the Mayor to sign the Purchase and Sale Agreement by and between the City of Newport Beach and Leven Gugasian and Zarouhi Gugasian, husband and wife, for the purchase by the City of 608 E. Balboa Boulevard and 209 Washington Street; and b) approve a Budget Amendment (10BA -028) transferring funds as follows: • $1,294,268 from the Neighborhood Enhancement B Reserve Account (010 -3769) to 7024- $3002008, • $138,897 from the Off- Street Parking Reserve Account (010 -3766) to 7022- C3002008, and • $671,335 from the In -Lieu Parking Reserve Account (010 -3767) to 7021- C3002008. XVII. 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. XVIII. ADJOURNMENT — In memory of Amelia Seton.