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Home My WebLink About0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, MAY 119 2010, AT 7:00 P.M. COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD KEITH D. CURRY Mayor MICHAEL F. HENN Mayor Pro Tern EDWARD D. SELICH Council Member DON WEBB Council Member LESLIE J. DAIGLE Council Member STEVEN ROSANSKY NANCY GARDNER Council Member Council Member DAVE KIFF - City Manager LEONIE MULVIHILL - Acting City Attorney LEILANI BROWN - City Clerk 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.newportbeachea.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 May 11, 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 § 54956.9(a)): Three matters: 1. Pacific Shores u. Newport Beach - U.S. District Court Case No. SACV 08 -00457 AG (PLAx) 2. Newport Coast Recovery v. City of Newport Beach - U.S. District Court Case No. SACV 09 -0701 DOC (ANx) 3. Yellowstone v. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09- 09- 0834 -8 B. Conference with Legal Counsel - Anticipated Litigation - Exposure to Litigation (Government Code § 54956.9(b)): One matter: Potential exposure to litigation based upon facts and circumstances that might result in litigation against the City but which are not yet known to a potential plaintiff or plaintiffs and disclosure of the facts or circumstances would jeopardize the City's ability to resolve the matter. C. Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation (Government Code § 54956.9(c )): One matter: Potential initiation of litigation on one matter in which disclosure of its underlying existing facts and circumstances would jeopardize the City's ability to conclude existing settlement negotiations to the City's advantage. D. Public Employee Performance Evaluation. Discipline or Dismissal (Government Code § 54957(bAM: The City Council will meet in closed session to consider the, employment, evaluation of performance, discipline, or dismissal of the following public employee(s). Titles: 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 Peter D. Haynes, Saint Michael and All Angels Episcopal Church 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. IY_ PRESENTATION Poppy Week Proclamation 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 XII. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 — 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 MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF APRIL 27, 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 ADOPTION 3. AMENDMENT OF NEWPORT BEACH MUNICIPAL CODE SECTION 5.04.330 PERTAINING TO BUSINESS TAX APPEALS. Adopt Ordinance No. 2010 -7 relating to business tax appeals amending Section 5.04.330 of the Newport Beach Municipal Code. 4. PARKING METER AND PARKING LOT FEE INCREASES. Adopt Ordinance No. 2010 -5 amending Newport Beach Municipal Code Section 12.44.040, to increase the parking meter fees for on- street meters by $0.50/hour. 5. AMENDMENT TO TITLE 19, "SUBDIVISIONS," OF THE NEWPORT BEACH MUNICIPAL CODE; CODE AMENDMENT NO. CA2005 -004. Adopt Ordinance No. 2010 -9 amending Title 19, "Subdivisions," of the Newport Beach Municipal Code to incorporate Chapter 19.54 ( Inclusionary Housing) establishing inclusionary housing requirements and an in -lieu housing fee. C. RESOLUTION FOR ADOPTION 6. APPROVAL OF FISCAL YEAR 2009 HOMELAND SECURITY GRANT PROGRAMS TRANSFER AGREEMENTS. Adopt Resolution No. 2010- approving the Transfer Agreement for Fiscal Year 2009 Homeland Security Grant Program purposes ( "Transfer Agreement ") and authorizing the Police Chief, the Fire Chief, and City Manager to act as the "Authorized Agents" to execute for and on behalf of the City any actions necessary to implement the Transfer Agreement and obtain federal financial assistance provided by the federal Department of Homeland Security and sub - granted through the State of California. D. CONTRACTS AND AGREEMENTS 7. TRAFFIC SIGNAL MODERNIZATION PROJECT PHASES 4 AND 7 CONSTRUCTION (C -4395) — AWARD OF CONTRACT, a) Approve the project plans and specifications; b) award the contract (C -4395) to Traffic Development Services, Inc, for the total bid price of $702,447.41, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $70,000 (10 %) to cover the cost of unforeseen work; d) authorize IT staff to procure required Ethernet equipment for an estimated cost of $103,000; and e) approve Budget Amendment No. 10BA -042 transferring $71,000.00 from the unappropriated Transportation and Circulation Fund balance to the Traffic Signal Modernization Phases 4 and 7 Account No. 7261- C3002006. 8. TRAFFIC SIGNAL MODERNIZATION PROJECT PHASES 4 AND 7 — APPROVAL OF PURCHASE CONTRACT WITH ECONOLITE CONTROL PRODUCTS, INC. Approve Purchase Contract with Econolite Control Products, Inc. of Anaheim, for purchase and installation of advanced traffic signal management equipment for Phase 4 and 7 of the Traffic Signal Modernization Project, at a not to exceed price of $230,972.93, and authorize the Mayor and City Clerk to execute the agreement. 9. CORONA DEL MAR STREET REHABILITATION PROJECT — PHASE 2 (C -4140) — COMPLETION AND ACCEPTANCE. 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. 10. LIDO ISLE PAVEMENT REHABILITATION PHASE II (C -4385) — AWARD OF CONTRACT. a) Approve the project drawings and specifications; b) award the contract (C -4385) to All American Asphalt for the total bid price of $572,572.00, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $57,257.00 to cover the cost of unforeseen work; and d) approve Budget Amendment No. 10BA -044 appropriating $5,500 from the unappropriated water reserve fund to Account No. 7503- C2002032 and appropriating $38,500 from the unappropriated sewer reserve fund to Account No. 7531- C2002032. M 11. COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS (C -4309) — AWARD OF CONTRACT. a) Approve the project plans and specification; b) award the contract (C -4309) to Specialized Builder's Hardware, Inc., dba CFO Door Hardware & Security, Inc. (CFO) for the total contract price of $30,319.02, and authorize the Mayor and the City Clerk to execute the contract; c) establish a construction contingency amount of $4,600.00, approximately 15 percent, to cover the cost of unforeseen work; and d) approve Budget Amendment No. IOBA -045 appropriating $4,600.00 from the unappropriated Building Excise Tax Fund to CYC Rehabilitation Account No. 7271- C4120806. 12. PENINSULA POINT WATER AND SEWER IMPROVEMENTS (C -4066) — COMPLETION AND ACCEPTANCE. 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. 13. AGREEMENT WITH THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (AQMD) TO ACCEPT MATCHING FUNDS OF $162,500 FOR THE CITY S ALTERNATIVE FUEL PROGRAM. Approve the agreement with the Air Quality Management District (AQMD) to accept matching funds of $162,500 for the City's alternative fuel program. 14. VENDOR SELECTION FOR CONTRACT NEGOTIATIONS FOR MOORING MANAGEMENT SERVICES. Direct staff to negotiate a five -year contract with the Orange County Sheriffs Harbor Patrol to provide mooring management services. 15. BALBOA ISLAND WAYFINDING SIGNS. Authorize the Marine Avenue Business Improvement District ( MABID) to pay for the installation of three (3) directional wayfinding signs prior to comprehensive installation by the City, and agree to reimburse the MABID the City's cost to install the signs as part of a comprehensive implementation of the wayfinding program when the City completes the program. 16. CONTRACT WITH HYDROBLAST, INC. FOR SIDEWALK STEAM CLEANING SERVICES. Approve an agreement with HydroBlast to provide sidewalk steam cleaning services for two (2) years with an option of three (3) one - year extensions. E. MISCELLANEOUS 17. THIRD QUARTERLY REPORT ON PERFORMANCE MEASURES. Receive and file. 18. FIRE DIVISION CHIEF JOB CLASSIFICATION. Approve the City Manager's recommendation to combine the Fire Division Chief — Training & Education and Fire Marshal job classifications into a combined Fire Division Chief classification. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XHI. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV XV. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES PUBLIC COMMENTS Public comments are invited on non - agenda matter jurisdiction of the Council. Speakers speaking, please state your name for the record. PUBLIC HEARING items generally considered to be within the subject must limit comments to three (3) minutes. Before 19. MARINA PARK PROJECT ENVIRONMENTAL IMPACT REPORT — ER2008 -001 (PA2008 -040); STATEMENT OF OVERRIDING CONSIDERATIONS; SITE PLANS (PHASES 1 THROUGH 3); AND EXEMPTION FROM ZONING AND DEVELOPMENT REGULATIONS. a) Conduct a public hearing on the Marina Park Project's Final Environmental Impact Report (FEIR); b) adopt Resolution No. 2010 -_ certifying the Marina Park Project's FEIR (SCH. No. 2008051096), making certain Findings of Fact and Determinations thereto, and adopting a Mitigation Monitoring and Reporting Program (MMRP); c) adopt Resolution No. 2010 -_ adopting a Statement of Overriding Considerations, and approving the Site Plans for Phases 1, 2, and 3 of the Marina Park Project; and d) exempt the Marina Park Project from Title 20, Planning and Zoning, of the Newport Beach Municipal Code. 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 Keith Dennis