HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
REGULAR CITY COUNCIL MEETING
TUESDAY, OCTOBER 12, 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
OCTOBER 12, 2010
I. STUDY SESSION - Cancelled
II. CLOSED SESSION - Council Chambers Conference Room - 5:30 p.m.
A. Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9(a )):
Five matters:
1. Pacific Shores v. Newport Beach, U.S. District Court Case No. SACV 08 -00457 AG
(PLAN)
2. Newport Coast Recovery and Yellowstone Recovery v. City of Newport Beach, U.S.
District Court Case No. SACV 09 -0701 DOC (ANx)
3. City of Newport Beach v. Back Bay Court, LLC, Orange County Superior Court Case
No. 30- 2010 - 00385190
B. Conference with Labor Negotiators (Government Code S 54957.6):
Agency Designated Representatives: Negotiator Bill Avery; Human Resources Director Terri
Cassidy
Emnlovee Organizations: Newport Beach City Employees Association (CEA); Newport Beach
Professional and Technical Employees Association (Prof- Tech); Fire Management Association
(FMA)
C. 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 one public employee.
• Title: 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 - Mr. Frank Carpenter
IX. PRESENTATIONS -None
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.
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)
XIL CONSENT CALENDAR
All matters listed under CONSENT CALENDAR (I — 14) 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 FOR THE STUDY SESSION AND REGULAR MEETING OF
SEPTEMBER 28, 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. FIRST READING AND INTRODUCTION OF NEWPORT BEACH
MUNICIPAL CODE CHAPTER 2.24 REGARDING THE CIVIL SERVICE
SYSTEM TO CONDITIONALLY REPLACE THE CURRENT CHAPTER 2.24
ADOPTED VIA ORDINANCE NO. 866. Pursuant to the recommendations of the
Civil Service Board, staff recommends introduction and first reading of Ordinance
No. 2010- replacing Newport Beach Municipal Code Chapter 2.24 governing the
operations of the Civil Service System, and passing the matter onto the October 26,
2010 agenda for second reading and conditional adoption.
C. RESOLUTION FOR ADOPTION
4. RESOLUTION FOR APPLICATION OF HABITAT CONSERVATION
GRANT FUND PROGRAM FOR UPPER BUCK GULLY RESERVE AREA
TRAIL IMPROVEMENTS. Adopt Resolution No. 2010 -_ for application of
grant funds from the Habitat Conservation Fund Program for Upper Buck Gully
Reserve Area trail improvements.
D. CONTRACTS AND AGREEMENTS
5. SEISMIC RETROFIT OF SAN DIEGO CREEK BRIDGES AND
GOLDENROD PEDESTRIAN OVERCROSSING — AWARD OF CONTRACT
NO. 3531. a) Approve the project plans and specifications; b) award Contract
No. 3531 to Beador Construction Company for the total bid price of $706,034, and
authorize the Mayor and City Clerk to execute the contract; and c) establish an
amount of $71,000 to cover the cost of unforeseen work.
6. SEISMIC RETROFIT OF SAN DIEGO CREEK BRIDGES AND
GOLDENROD PEDESTRIAN OVERCROSSING — APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH AECOM. Approve a
Professional Services Agreement with AECOM of Orange, California, for the San
Diego Creek Bridge and Goldenrod Pedestrian Overcrossing bridge retrofits at a not
to exceed price of $186,673.94, and authorize the Mayor and City Clerk to execute
the Agreement.
SEISMIC RETROFIT OF SAN DIEGO CREEK BRIDGES AND
GOLDENROD PEDESTRIAN OVERCROSSING — APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC.
FOR ENVIRONMENTAL PERMIT MANAGEMENT. Approve a Professional
Services Agreement with LSA Associates, Inc. of Irvine, California, for the San
Diego Creek Bridge and Goldenrod Pedestrian Overcrossing bridge retrofits at a not
to exceed price of $55,060, and authorize the Mayor and City Clerk to execute the
Agreement.
S. SUPPLEMENTAL STAFF SUPPORT SERVICES — APPROVAL OF
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH
ANDERSON -PENNA PARTNERS, INC. Approve Amendment No. 2 to
Professional Services Agreement with Anderson - Penna Partners, Inc. (Anderson -
Penna) for Engineering, Inspection Support, and Plan Check Review Services
raising the not to exceed total budgeted funding cap to $500,000, and authorize the
Mayor and City Clerk to execute the Agreement.
9. TRAFFIC SIGNAL MODERNIZATION — NEWPORT CENTER (PHASE 5)
DESIGN — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT
WITH ITERIS, INC. Waive Council Policy F -14 and approve a Professional
Services Agreement with Iteris, Inc. of Santa Ana, California, for design of Phase 5
(Newport Center) of the Traffic Signal Modernization Project at a not to exceed
price of $155,700, and authorize the Mayor and City Clerk to execute the
Agreement.
10. JAMBOREE ROAD WIDENING OVER STATE ROUTE 73 (C -3724) —
APPROVAL OF AMENDMENT NO. 1 TO THE CONSTRUCTION
COOPERATIVE AGREEMENT WITH CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS). Approve and execute Amendment No. 1 to
extend the term of Agreement No. 12 -562 with California Department of
Transportation (Caltrans) for improvements to Jamboree Road over State Route 73.
11. FIRST AMENDMENT TO AFFORDABLE HOUSING AGREEMENT WITH
SEAVIEW LUTHERAN PLAZA. a) Approve and authorize the Mayor and City
Clerk to execute the amendment; and b) approve Budget Amendment No. 11BA -012
transferring $6,300 from the Affordable In -Lieu Housing reserve account #010 -3619
to the Economic Development Other Miscellaneous Expenses account #2720 -8300,
to provide funding for Seaview Lutheran to install the required backflow prevention
device.
12. ON -CALL MAINTENANCE AND REPAIR SERVICES AGREEMENT WITH
JOHN M. RABUN, DBA J.M. RABUN COMPANY. Approve a three -year
contract with John M. Rabun, DBA J.M. Rabun Company, for on -call light
maintenance and repair services for City facilities at a cost not to exceed $100,000
per year.
E. MISCELLANEOUS
13. PLANNING COMMISSION AGENDA FOR OCTOBER 7, 2010. Receive and
file written report.
14. AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS WITH
CONSULTING FIRMS PROVIDING SERVICES RELATED TO NEWPORT
BANNING RANCH DEVELOPMENT APPLICATION. Receive and file.
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 HEARINGS
15. RECONSIDERATION OF CLIFF DRIVE APPEAL (PA2009 -149) — 2949 CLIFF
DRIVE — MODIFICATION PERMIT NO. MD2009 -030. a) Reconsider the denial of an
appeal of the Planning Commission's decision to deny Modification Permit No. MD2009-
030; b) conduct a de novo hearing; and c) adopt Resolution No. 2010 - granting the
appeal and approving Modification No. 2009 -030 as revised, subject to findings and
conditions.
16. ZONING CODE UPDATE (PA2009 -034) — CODE AMENDMENT NO. 2009 -001 —
NEGATIVE DECLARATION NO. 2010 -005 — TO IMPLEMENT THE CITY'S LAND
USE ELEMENT AND OTHER POLICIES AFFECTING LAND USE AND
DEVELOPMENT CONTAINED IN THE 2006 GENERAL PLAN. a) Adopt Resolution
No. 2010 - adopting Negative Declaration No. ND2010 -005; and b) introduce Ordinance
No. 2010 - which replaces in its entirety Title 20 (Planning and Zoning) of the Newport
Beach Municipal Code, and pass to second reading on October 26, 2010.
17. ANNUAL REVIEW OF ZONING IMPLEMENTATION AND PUBLIC BENEFIT
AGREEMENT FOR SOBER LIVING BY THE SEA (PA2008 -199). Continue the item
to the regular meeting of November 9, 2010, in order to provide adequate time to
comprehensively address all issues raised in the process of reviewing the Zoning
Agreement.
XVI. 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.
XVII. CURRENT BUSINESS
18. APPOINTMENT OF MEMBERS TO THE CITIZENS BICYCLE SAFETY
COMMITTEE. Appoint seven members to the Citizens Bicycle Safety Committee.
9
19. REVIEW OF OFFICE OF THE CITY ATTORNEY MISSION, GOALS AND
STANDARDS. Receive and file, or give direction as you deem appropriate.
20. NEWPORT BANNING RANCH WATER SUPPLY ASSESSMENT. Adopt Resolution
No. 2010 - approving the Newport Banning Ranch Water Supply Assessment.
21. SOLAR ENERGY SYSTEM INSTALLATIONS. Explore and discuss ways to provide
meaningful oversight of solar energy systems.
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