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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JUNE 85 2010, AT 7:00 P.M. COUNCIL CHAMBERS 3300 NEWPORT BOULEVARD KEITH D. CURRY Mayor MICHAEL F. HENN DON WEBB Mayor Pro Tem EDWARD D. SELICH Council Member 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.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 JUNE 8, 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 S 54956.9(a)): Four matters: 1. Banning Ranch Conservancy v. City of Newport Beach - OCSC Case No. 30 -2010- 00365758 2. Pacific Shores v. Newport Beach - U.S. District Court Case No. SACV 08 -00457 AG (PLAx) 3. Newport Coast Recovery v. City of Newport Beach - U.S. District Court Case No. SACV 09 -0701 DOC (ANx) 4. Yellowstone v. City of Newport Beach - U.S. Dept. of Housing & Urban Dev. Invest. No. 09 -09- 0834 -8 B. Conference with Legal Counsel - Anticipated Litigation - Exposure to Litigation (Government Code § 54956.9(b): Two matters: Potential exposure to litigation on two matters 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 Labor Negotiators (Government Code S 54957.6): Agency Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy, Human Resources Director Emplovee Organizations: Multiple Newport Beach associations: Police Employees Association (PEA), Police Management Association (PMA), Newport Beach Employees League (NBEL), Newport Beach Professional & Technical Employees Association (Prof- Tech), and Newport Beach City Employees Association (NBCEA) 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 -Dr. Reverend Richard Kannwischer, St. Andrews Presbyterian Church 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.newportbeachca.gov. I� Appreciation to U.S. Army Corps of Engineers Colonel Thomas H. Magness, IV for Support of Newport Bay Dredging Efforts 2010 Rotary Student Exchange to Okazaki, Japan Annual Youth Council Report 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 — 25) 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 ADJOURNED REGULAR MEETING AND REGULAR MEETING OF MAY 25, 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. ORDINANCE FOR ADOPTION 3. AMENDMENT TO SECTION 11.03.020(B) OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SPECIAL EVENT PERMITS. Adopt Ordinance No. 2010 -10 amending Newport Beach Municipal Code Section 11.03.020(B) to eliminate farmers' markets from the special event permit process. C. RESOLUTIONS FOR ADOPTION 4. ADOPT A RESOLUTION AUTHORIZING APPLICATION FOR FEDERAL TRANSPORTATION ENHANCEMENT PROGRAM FUNDING FROM THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA). Adopt Resolution No. 2010 -_ authorizing the submittal of Bristol Street North Landscape Improvements Project to be considered for Transportation Enhancement program funding from Orange County Transportation Authority (OCTA). 5. 2010 -11 APPROPRIATION LIMIT. Adopt Resolution No. 2010 -_ adopting the City's Appropriation (Gann) Limit for the 2010 -11 fiscal year in the amount of $140,588,741. 6. COPPER -FREE BOAT BOTTOM PAINTS. Adopt Resolution No. 2010 - endorsing a program to encourage the use of copper -free boat bottom paints. MEASURE M GROWTH MANAGEMENT PROGRAM ELIGIBILITY REQUIREMENTS. a) Adopt the Seven -Year Measure M Capital Improvement Program; b) adopt Resolution No. 2010 -_ affirming that the City's Circulation Element does not preclude implementation of the regional Master Plan of Arterial Highways; and c) direct staff to submit the adopted Seven -Year Measure M Capital Improvement Program and Maintenance of Effort Certification to the Orange County Transportation Authority to satisfy the eligibility provisions for Measure M and the Growth Management Program. 8. NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: 2010 -2011 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2010 -2011. a) Approve the Newport Beach Restaurant Association Business Improvement District Fiscal Year 2010- 2011 Annual Report; and b) adopt Resolution of Intention No. 2010 -_ to Levy Assessments and set the public hearing for June 22, 2010. 9. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: 2010 -2011 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2010 -2011. a) Approve the Balboa Village Business Improvement District Fiscal Year 2010- 2011 Annual Report; b) adopt Resolution of Intention No. 2010 -_ to Levy Assessments and set the public hearing for June 22, 2010; and c) confirm the Balboa Village Business Improvement District 2010 Advisory Board, as nominated by the 2009 BID Advisory Board, as follows: • Bob Black Catalina Passenger Service • Butch Wilson Balboa Saloon • Tony George Surfside Silver • Brock Morrison Rainey Fine Art • Ralph Rodheim Balboa Boat Rental • Jim Fournier Tales of Balboa • Craig Batley Baywalk, Inc. — Bungalow Basics 10. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: 2010 -2011 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2010 -2011. a) Approve the Marine Avenue Business Improvement District Fiscal Year 2010- 2011 Annual Report; b) adopt Resolution of Intention No. 2010 -_ to Levy Assessments and set the public hearing for June 22, 2010; and c) confirm the Marine Avenue Business Improvement District 2010 Advisory Board, as nominated by the 2009 BID Advisory Board, as follows: • Alex Richardson HOM Realty • Sheri Drewry Wilma's Patio • John Robinson Amelia's Restaurant • Anne Moloney Beach Time Realty • Eldy Galietta Barolo by the Sea • Pam Hubbard Persimmon Tree 11. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: 2010 -2011 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2010 -2011. a) Approve the Corona del Mar Business Improvement District Year 2010 -2011 Annual Report; b) adopt Resolution of Intention No. 2010 -_ to levy assessments and set the public hearing for June 22, 2010; and c) confirm the Corona del Mar Business Improvement District 2010 Advisory Board, as nominated by the 2009 BID Advisory Board, as follows: • Bernie Svalstad • Tom Nicholson • Jim Walker • Beverly `BJ" Johnson • Ali Zadeh • Scott Laidlaw • Tina B. Hoover Newport Factoring Nicholson Company The Bungalow Prudential California Realty The Port Restaurant & Lounge Laidlaw Schultz Architects Hoover Law Office D. CONTRACTS AND AGREEMENTS 12. 2009 -10 SIDEWALK CURB AND GUTTER REPLACEMENT PROGRAM (C -4189) — 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. AWARD OF PURCHASE AGREEMENT CONTRACTS FOR OASIS SENIOR CENTER FURNITURE, FIXTURES AND EQUIPMENT. a) Approve the proposed OASIS facility furnishings in the total amount of $408,319.49; b) award the contract to New Tangram, LLC for the total proposal price of $220,095.98, and authorize the Mayor and the City Clerk to execute the contract; c) award the contract to KI/Krueger Commercial, Inc. for the total proposal price of $138,494.10, and authorize the Mayor and City Clerk to execute the contract; and d) award the contract to Interior Office Solutions, Inc. for the total proposal price of $49,729.41, and authorize the Mayor and the City Clerk to execute the contract. 14. AVON STREET, TUSTIN AVENUE AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVER/WESTCLIFF STREET REHABILITATION (C -4091) — AWARD OF CONTRACT. a) Approve the project drawings and specifications; b) award C -4091 to R.J. Noble Company for the total bid price of $667,315.50, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $70,000.00 to cover the cost of unforeseen work; and d) approve Budget Amendment No. IOBA -049 recognizing additional funding in the amount of $197,344.00 from the County of Orange Proposition 42 City Aid Program (CAP) and appropriating $197,344.00 to Account No. 7191- C2002024. 15. APPROVAL OF AN AGREEMENT WITH ALEXANDER CONTRACT SERVICES, INC. FOR CITY WATER METER READING SERVICES. Approve an agreement with Alexander Contract Services, Inc. for water meter reading services, and authorize the Mayor and City Clerk to execute the agreement. 16. APPROVAL OF CONTRACT WITH EMERGENCY POWER CONTROLS, INC. FOR THE GENERATOR REMODEL BUILDING 4 PROJECT (C- 4230). a) Approve Professional Services Agreement with Emergency Power Controls, Inc. for the Generator Remodel Building 4 Project (C- 4230), and authorize the mayor and City Clerk to execute the agreement; and b) approve staff to encumber an amount of $5,640 (15% of total bid) for service contingency. 17. CALIFORNIA COASTAL COMMISSION APPLICATION PREPARATION AND PROCESSING — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH SCHMIDTZ & ASSOCIATES. Approve a Professional Services Agreement with Schmitz & Associates, Inc. (Schmitz) of Malibu, to conduct California Coastal Commission application preparation and processing at a contract price of $154,750, and authorize the Mayor and City Clerk to execute the agreement. 18. NEWPORT BEACH FARMERS' MARKET LICENSE AGREEMENT. Authorize the Mayor and City Clerk to sign the Newport Beach Farmers' Market License Agreement between the City of Newport Beach and the Sprouts of Promise Foundation ( "Licensee "), allowing the Licensee the use of City property for a Certified Farmers' Market for a period of one (1) year, and allowing the City Manager to renew the License on an annual basis if he /she finds that the terms of the agreement have been met and the operation of the Certified Farmers' Market is not causing any negative impact on traffic circulation, parking, or surrounding properties and uses. 19. DORY FLEET ACCESS AREA EMERGENCY SAND REPLENISHMENT PROJECT — RETROACTIVE APPROVAL OF WORK. a) Approve the necessary Emergency Sand Replenishment Work adjacent to the Newport Pier and the Dory Fleet Compound performed by Tight Quarters Inc. (Tight Quarters); and b) approve Budget Amendment No. 10BA -050 appropriating $20,000.00 from unappropriated General Fund reserves into General Services Account No. 3140- 8080 (Operations Support Division — Services Professional/Technical) to cover the Emergency Sand Replenishment work cost performed by Tight Quarters. 20. SAN MIGUEL DRIVE STREET IMPROVEMENTS (C -4472) — AWARD OF CONTRACT. a) Approve the project drawings and specifications; b) award C -4472 to GASS Construction Company, Inc. for the total bid price of $1,170,000, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $117,000 (10 %) to cover the cost of unforeseen work; d) establish an amount of $12,500 to cover the cost of construction material testing; e) establish an amount of $2,500 to cover the cost of printing and incidentals; fj approve Budget Amendment No. 10BA -052 to recognize the contribution of funds in the amount of $1,302,000 from Zoning Implementation and Public Benefit Agreement between the City of Newport Beach and The Irvine Company LLC dated January 8, 2008, and appropriating $1,302,000 into Capital Project Account No. 7251 - 01002025; and g) direct staff to seek reimbursement for the project funding ($1,302,000) pursuant to the Zoning Implementation and Public Benefit Agreement between the City of Newport Beach and The Irvine Company LLC dated January 8, 2008. XIII. XIV. XV. XVI. 21. JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 — APPROVAL OF SETTLEMENT AGREEMENT WITH SK HART BAYVIEW LLC. Approve the Settlement Agreement with SK Hart Bayview, LLC for the acquisition of real property for the Jamboree Road Bridge Widening Over State Route 73 Project, and authorize the Mayor and City Clerk to execute the Settlement Agreement and Certificate of Acceptance. 22. JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ANDERSON PENNA. Approve a Professional Services Agreement with Anderson Penna of Laguna Beach, for the Jamboree Road Bridge Widening Over State Route 73 project at a not to exceed price of $533,850.00, and authorize the Mayor and the City Clerk to execute the agreement. E. MISCELLANEOUS 23. PLANNING COMMISSION AGENDA FOR THE JUNE 3, 2010. Receive and file written report. 24. BOARD AND COMMISSION SCHEDULED VACANCIES — CONFIRMATION OF NOMINEES. Confirm the nominations made by the Ad Hoc Appointments Committee, as listed in staff report. 25. OFFICE OF THE CITY ATTORNEY — BUDGET AND TREND ANALYSIS. There is no recommendation at this time. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR 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 HEARINGS items generally considered to be within the subject must limit comments to three (3) minutes. Before 26. PROPOSED ASSESSMENT DISTRICT NO. 100 — AREA GENERALLY BOUNDED BY 13TH STREET, BALBOA BOULEVARD, ADAMS STREET, AND OCEAN FRONT — FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT. a) Open public hearing on the formation of Assessment District No. 100; b) hear public testimony from those who desire to speak; c) close the public hearing; d) count ballots; e) if greater than or equal to 50% of weighted "Yes" votes versus "No" votes are submitted, then a majority protest by ballot procedure does not exist and the District may be formed. If it is desired to form the District, take the following actions: 1) adopt Resolution No. 2010- overruling protests, approving final engineer's report, levying assessments without modification, approving and ordering the work and improvements for the utility underground project, and authorizing and directing related actions with respect to Assessment District No. 100; 2) adopt Resolution No. 2010- _ approving contracts with certain utility companies for utility improvements for Assessment District No. 100; 3) approve Budget Amendment No. 10BA -051 in anticipation of the formation and approval of Assessment District No. 100. The proposed Budget XVII. Amendment of $4,345,000 will provide $4,084,000 for the design, construction, financing and incidental contingencies, and $261,000 to establish a bond reserve. The Budget Amendment will increase revenue estimates by $4,084,000 and increase expenditure appropriations by $3,851,630.18, where $67,386.25 has not been expended, but is encumbered for anticipated future use. The difference of $164,983.57 will be utilized to reimburse the City for past assessment engineering and design expenditures related to this district; OR f) if desired, abandon the proceedings. 27. JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 — ADOPTION OF RESOLUTION OF NECESSITY TO ACQUIRE A PORTION OF REAL PROPERTY LOCATED AT 3601 JAMBOREE ROAD BY EMINENT DOMAIN. Adopt Resolution No. 2010 -_ establishing the need for the City to acquire a portion of real property located at 3601 Jamboree Road in the City of Newport Beach for the purposes of constructing the Jamboree Road Bridge Widening Over State Route 73 Project. 28. FISCAL YEAR 2010 -I1 PROPOSED BUDGET HEARING. a) Conduct public hearing on the Proposed Budget for the 2010 -2011 fiscal year; b) after taking public input, make any additions, deletions, or modifications to the budget checklist that will be reviewed by the City Council at the meeting of June 22, 2010; and c) direct the preparation of the Budget Resolution for adoption at the Council Meeting of June 22, 2010, including any checklist items that are recommended for approval. 29. VACATION OF AN EXISTING STORM DRAIN EASEMENT AND ACCEPTANCE OF NEW STORM DRAIN EASEMENT AT 445 EAST COAST HIGHWAY. a) Conduct public hearing; and b) if desired, 1) adopt Resolution No. 2010 -_ ordering the vacation of an existing storm drain easement and the acceptance of new storm drain easement at 445 East Coast Highway, 2) direct staff to process the vacation and acceptance of said easements, and 3) direct the City Clerk to have the Resolution and easement documents recorded by the Orange County Recorder. 30. UPDATE OF THE CITY COUNCIL'S 2010 GOALS AND PROJECTS. Receive and file. 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. XIX. ADJOURNMENT— Adjourn in memory of Jane Willet