Loading...
HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JUNE 22, 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 DAVID HUNT - City Attorney LEILANI BROWN- City Clerk DANA SMITH - 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 22, 2010 I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation (Government Code § 54956.9(c )): One matter: Potential initiation of litigation against Back Bay Court Property Company, a California Limited Partnership, for condemnation of right -of -way needed for the Jamboree Road Widening Project. B. Conference with Labor Negotiators (Government Code 6 54957.6): Agency Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy, Human Resources Director Employee Organization: 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 TV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT (if applicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Mr. Frank Carpenter IX. PRESENTATION Flag Presentation - Gary Tegel and Justin Power of the Utilities Department 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 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. XH. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (I — 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 SPECIAL MEETING OF JUNE 2, 2010, AND ADJOURNED REGULAR MEETING AND REGULAR MEETING OF JUNE S, 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. RESOLUTIONS FOR ADOPTION 3. ACCEPTANCE OF THE CALIFORNIA DEPARTMENT OF ALCOHOL BEVERAGE CONTROL 2010/2011 GRANT TO SUPPLEMENT THE POLICE DEPARTMENT'S ONGOING EFFORT IN ADDRESSING ALCOHOL - RELATED PROBLEMS AT RETAIL ALCOHOL ESTABLISHMENTS. a) Accept the California Department of Alcohol Beverage Control (ABC) 2010/2011 Grant Assistance Program (GAP) Grant Award in the total amount of $26,318 to supplement the Police Department's ongoing effort in addressing alcohol - related problems at retail alcohol establishments; b) authorize the Administrative Service Director to establish revenue and expenditure accounts in the General Fund to facilitate the administration of these funds; and c) adopt Resolution No. 2010 - accepting the GAP Grant Award on behalf of the City. 4. BOND REIMBURSEMENT AUTHORIZATION FOR CIVIC CENTER EXPENDITURES. Adopt Resolution No. 2010 -_ that reaffirms the City's intent to reimburse itself for project costs incurred prior to possible future debt issuance for the Civic Center project. C. CONTRACTS AND AGREEMENTS 5. LEGAL ADVERTISING BID FOR FISCAL YEAR 2010 -2011. Accept the bid of The Daily Pilot and authorize a purchase order for the one -year period of fiscal year 2010 -2011. 6. AUTHORIZATION TO CONTINUE A CONTRACT WITH VAN SCOYOC ASSOCIATES REGARDING ADVOCACY FOR DREDGING PROJECTS: LOWER NEWPORT BAY AND THE SANTA ANA RIVER MARSH/NEWPORT SLOUGH. Authorize the City Manager to enter into a Professional Services Agreement of up to $60,000 for one year with Van Scoyoc Associates to advocate for dredging the Lower Bay and the Santa Ana River Marsh. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH MCO — ADVANCED DOCUMENT IMAGING SOLUTIONS FOR HISTORICAL DOCUMENT DIGITAL ARCHIVING SERVICES. Approve Amendment No. 1 to Professional Services Agreement with MCO — Advanced Document Imaging Solutions for historical document digital archiving services to increase the contract amount by $26,000 and to extend the term of the contract to June 30, 2012. 8. APPROVAL OF SOFTWARE LICENSE AND PROFESSIONAL SERVICES AGREEMENT WITH NORTHROP GRUMMAN. a) Approve an expenditure of $121,547 to upgrade the Police Department's Computer Automated Dispatch (CAD) software from Windows 2000 Operating System to Windows XP Professional; b) authorize a single- source contract with Northrop Grumman (formerly PRC), the product manufacturer of the Police Department's CAD System; and c) authorize the Mayor to execute a Software License and Professional Services Agreement contract with the vendor as approved as to form by the Office of the City Attorney. 9. NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT (C -4139) — AWARD OF CONTRACT. a) Approve the project drawings and specifications; b) award the contract (C -4139) to GMF Sound, Inc, for the total bid price of $119,793, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $11,979 (10 %) to cover the cost of unforeseen work. 10. REGISTRATION SOFTWARE UPGRADE WITH ACTIVE NETWORK TO PROVIDE RECREATION CLASS REGISTRATION, MEMBERSHIP, POINT OF SALE AND FACILITY RESERVATION SERVICES. a) Authorize the waiver of Council Policy F -5, the adopted purchasing guidelines, and authorize the Recreation and Senior Services Director and the City Attorney, or his designee, to negotiate with the sole source vendor The Active Network (TAN) for maintenance support and hosting data to upgrade the existing software of Recware Safari to ActiveNet which provides online recreation class registration, membership, and facility reservation services; b) approve a three -year contract, with option to renew annually after the first three years with TAN; and c) authorize the City Manager to negotiate and execute contract extensions at the end of the initial three -year contract on a year -to -year basis. 11. AMENDMENT NO. 1 TO CONTRACT WITH GC ENVIRONMENTAL, INC. FOR MAINTENANCE/REPAIR SERVICES FOR THE NEWPORT TERRACE LANDFILL GAS CONTROL SYSTEM. a) Approve Amendment No. 1 to the Contract with GC Environmental, Inc. (GCE) in the amount of $66,206.00 for an additional one (1) year (FY 2010 -2011) of Operation, Monitoring and Maintenance (OM &M) of the Newport Terrace Landfill Gas Control System (System). 12. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE ORANGE COUNTY MUSEUM OF ART (OCMA) TO CREATE A SCULPTURE PARK AT THE CIVIC CENTER. Approve the proposed MOU between the City of Newport Beach ( "City ") and OCMA to create a Sculpture Park at the Civic Center, and authorize the City Manager to enter into a License Agreement with OCMA to provide OCMA access to the Civic Center site. XIII. XIV 13. CIVIC CENTER AND PARK — GEOTECHNICAL OBSERVATIONS AND CONSTRUCTION MATERIAL TESTINGS — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. Approve a Professional Services Agreement (PSA) with Leighton Consulting, Inc. (Leighton) of Irvine, to conduct geotechnical observations and construction materials testing for the Civic Center and Park Project at a not -to- exceed contract price of $326,563.00, and authorize the Mayor and City Clerk to execute the agreement. 14. APPROVAL OF A FIVE YEAR AGREEMENT WITH THE COUNTY OF ORANGE FOR MOORING MANAGEMENT SERVICES IN NEWPORT HARBOR. a) Approve and authorize the Mayor and City Clerk to execute a Cooperative Agreement with the County of Orange for mooring management in Newport Harbor for five years; b) approve Budget Amendment No. 10BA -055 for FY 2009/10 for the Cooperative Agreement for $180,000 from Unappropriated Reserves (Tidelands) to account #2371 -8080 (Professional and Technical Services). 15. SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, L.P. FOR FINAL ENGINEERING EVALUATION, DESIGN AND PERMITTING SUPPORT FOR THE RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP PROJECT. a) approve Amendment No. 2 to the Professional Services Agreement with Anchor QEA, L.P. to prepare the final engineering evaluation, design and permitting support for the Rhine Channel project; and b) approve Budget Amendment No. 10BA -054 for the scope of work for $307,460 and for permit fees and air quality mitigation credits for $71,035 from Unappropriated Reserves (Tidelands) to Capital Improvement Project #7231 - C4402001 (Newport Harbor Dredging Project). D. MISCELLANEOUS 16. PLANNING COMMISSION AGENDA FOR JUNE 17, 2010. Receive and file written report. 17. APPOINTMENT OF DANA SMITH AS ALTERNATE BOARD MEMBER TO METRO CITIES FIRE AUTHORITY. Appoint Assistant City Manager Dana Smith as the Newport Beach Alternate Member of the Metro Cities Authority Board of Directors. 18. 2010 DRINKING WATER QUALITY REPORT ON PUBLIC HEALTH GOALS. Receive and file. 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 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. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING THE LEVY OF ASSESSMENT FOR THE RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2010 -2011. Conduct public hearing; and b) adopt Resolution No. 2010- confirming the levy of assessment for the for the renewal of the Balboa Village Business Improvement District (BID) confirming the levy of the BID assessment for the 2010 -2011 fiscal year, unless during the Public Hearing the Council received protests representing 50 percent or more of the total assessment amount. 20. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING THE LEVY OF ASSESSMENT FOR THE RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2010 -2011. Conduct public hearing; and b) adopt Resolution No. 2010 -_ confirming the levy of assessment for the renewal of the Marine Avenue Business Improvement District (BID) confirming the levy of the BID assessment for the 2010 -2011 fiscal year, unless during the Public Hearing the Council received protests representing 50 percent or more of the total assessment amount. 21. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING THE LEVY OF ASSESSMENT FOR THE RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2010 -2011. Conduct public hearing; and b) adopt Resolution No. 2010 -_ confirming the levy of assessment for the renewal of the Corona del Mar Business Improvement District (BID) confirming the levy of the BID assessment for the 2010 -2011 fiscal year, unless during the Public Hearing the Council received protests representing 50 percent or more of the total assessment amount. 22. NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING THE LEVY OF ASSESSMENT FOR THE RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2010 -2011. a) Conduct public hearing; and b) adopt Resolution No. 2010 -_ confirming the levy of assessment for the renewal of the Restaurant Association Business Improvement District (BID) confirming the levy of the BID assessment for the 2010 -2011 fiscal year, unless during the Public Hearing the Council received protests representing 50 percent or more of the total assessment amount. 23. CODE AMENDMENT TO ALLOW THE CHANGE OF A FRONT -YARD SETBACK ESTABLISHED ON DISTRICTING MAP NO. 24 FROM 38 FEET TO 16 FEET (PA2010 -017). a) Conduct public hearing; and b) introduce Ordinance No. 2010 -_ approving Code Amendment No. CA2010 -002, and pass to second reading on July 6, 2010. 24. DIAGNOSTIC AND INTERVENTIONAL SPINAL CARE (D.I.S.C.) (PA2010 -062) — 3501 JAMBOREE ROAD AND 301 BAYVIEW CIRCLE — PLANNED COMMUNITY AMENDMENT NO. PD2010 -004 AND TRAFFIC STUDY NO. TS2010 -002 — ADDING OUTPATIENT SURGERY AND MEDICAL OFFICE AS PERMITTED USES, ADDING PARKING REQUIREMENT OF 1/200 SQUARE FEET FOR SUCH USES, AND FINDING THAT THE TRAFFIC STUDY COMPLIES WITH THE TRAFFIC PHASING ORDINANCE. a) Conduct public hearing; b) introduce Ordinance No. 2010- _ approving Planned Community Amendment No. PD2010 -004, and pass to second reading on July 6, 1020; and c) adopt Resolution No. 2010- finding that the traffic study complies with the Traffic Phasing Ordinance, and based on the weight of the evidence in the administrative record, including Traffic Study No. TS2010 -002, the construction of the Project will be completed within 60 months of the project approval, the Project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection, and no improvements or mitigations are necessary. XVII. CONTINUED BUSINESS 25. APPOINTMENTS TO BOARDS AND COMMISSIONS. Make appointments to the Boards and Commissions from the nominees listed below: Board of Library Trustees (1 vacancy - Vote for one) Gloria Alkire Jerry King City Arts Commission (1 vacancy - Vote for one) Gilbert Lasky (incumbent) Michael Magrutsche Civil Service Board (1 vacancy —Vote for one) Douglas Coulter (incumbent) Timothy Stoaks Harbor Commission (3 vacancies —Vote for three) Chandler Bell Roberta Jorgensen Duncan McIntosh Richard Reyna Karen Rhyne (incumbent) Mark Rosene Douglas West Parks. Beaches & Recreation Commission (2 vacancies - Vote for two) Tom Anderson (incumbent) Ron Cole Jack Tingley Jack Wu Planning Commission (1 vacancy —Vote for one) Fred Ameri Steven Coyne Scott Peotter (incumbent) 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