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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, March 10, 2009 Regular Council Meeting - 7:00 p.m. EDWARD D. SELICH Mayor KEITH D. CURRY DON WEBB Mayor Pro Tem Council Member MICHAEL F. HENN Council Member STEVEN ROSANSKY Council Member LESLIE J. DAIGLE Council Member NANCY GARDNER Council Member HOMER BLUDAU — City Manager LEILANI BROWN — City Clerk DAVID HUNT — City Attorney 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 web site. The address is: http://,A,ww.city.newport-beach.ca.us/ 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 & PAGERS OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD March 10, 2009 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)): Harvey u. City of Newport Beach, Orange County Superior Court Case No. 07CC5400 B. Conference with Legal Counsel - Anticipated Litigation - Exposure to Litigation (Government Code § 54956.9(b)): Two matters: 1. Potential litigation regarding Fuji Grill's operating agreement at Corona del Mar Beach due to its notice that it is terminating its operating agreement. 2. Potential exposure to litigation on one matter 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 S 54956.90): Two matters: 1. 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. 2. Potential initiation of litigation against the County of Orange for allegedly charging the City Property Tax Administration Fees in excess of those permitted by the Revenue and Taxation Code. D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code S 54957.6): Agency Designated Representatives: Human Resources Director Terri Cassidy and Assistant City Manager Dave Kiff Employee Organization: All city bargaining units. III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT (if applicable) 1 TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS RECORDED, RED LIGHT WILL SIGNIFY WHEN SPEAKERS TIME LIMIT IS UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. 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 BLVD. DURING NORMAL BUSINESS HOURS. IN ADDITION, SUCH WRITINGS AND DOCUMENTS WILL BE POSTED ON THE CITY'S WEBSITE AT W W W.CITY.NEWPORT- BEACH.CA.US VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal Church Im PRESENTATION - None 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 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 and pagers 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): XII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 11) 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 REGULAR MEETING AND ADJOURNED REGULAR MEETING OF FEBRUARY 24, 2009. 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. HYATT REGENCY NEWPORT BEACH EXPANSION (PA2005 -212) - 1107 JAMBOREE. Adopt Ordinance No. 2009 -8 approving Development Agreement No. 2005 -002. C. CONTRACTS AND AGREEMENTS 4. COMMUNITY YOUTH CENTER PARKING LOT REHABILITATION (C -4132) - AWARD OF CONTRACT a) Approve the project plans and specifications; b) award Contract No. 4132 to L.M.T. Enterprises, Inc., dba Tyner Paving Company for the total bid price of $107,830.00, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $7,170.00 (6.6 %) to cover the cost of unforeseen work. 5. CENTRAL LIBRARY AIR CONDITIONING REHABILITATION (C -4138) - AWARD OF CONTRACT. a) Approve the project plans and specifications; b) approve a budget amendment transferring $75,000 from project savings in Account No. 7015- C5100909 (Mariners Park Restroom), $72,000 from project savings in Account No. 7015- C5100817 (Mariners Park Improvements), and $13,000 from project savings in Account No. 7011- C5100809 (Newport Theatre Arts Center Entry) to Account No. 7019- CIO0202 for the capital purchase and repair of a new air conditioning unit for the Central Library; c) award Contract No. 4138 to BK Air Conditioning and Heating for the total bid price of $135,391.00 and authorize the Mayor and the City Clerk to execute the contract; and d) establish an amount of $20,300 (15% of total bid) to cover the cost of unforeseen work. 6. PROJECT MANAGEMENT SERVICE - APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH RICHARD EDMONSTON. Approve Amendment No. 3 to Professional Services Agreement with Richard Edmonston of Huntington Beach, for project management at a not to exceed price of $15,500, and authorize the Mayor and City Clerk to execute the agreement. SETTLEMENT AGREEMENT - APPROVAL OF AMENDMENT NO. 1 TO THE SETTLEMENT AGREEMENT BETWEEN THE CITY AND SOBER LIVING BY THE SEA (SLBTS). Authorize the Mayor to execute an amendment to the Settlement Agreement between the City and Sober Living by the Sea (SLBTS) that replaces an exhibit that was a previous draft of the Public Benefit and Zoning Implementation Agreement ( "Zoning Agreement ") with the Council- approved version of the Zoning Agreement. 8. WORKERS COMPENSATION THIRD PARTY ADMINISTRATION (TPA) SERVICES - EXTENSION OF CONTRACT. Approve the contract extension for Third Party Administrator (TPA) services with CorVel Corporation with a proposed 3% increase to the existing annual fee of $254,311, plus an additional fee of $10,800 to handle the future medical maintenance files, for a total annual fee not to exceed $272,740 in 2009. 9. ORGANIZATIONAL REVIEW OF THE UTILITIES DEPARTMENT - APPROVAL OF CONTRACT WITH OMTS. a) Authorize the City Manager to sign a Professional Services Agreement with OMTS in an amount not to exceed $40,000 to perform an organizational review of the Utilities Department; and b) approve a budget amendment (09BA ---) in the amount of $40,000 from water and wastewater enterprise system reserves to Utilities' professional and technical services account. 10. NEWPORT TO ENSENADA INTERNATIONAL YACHT RACE - CITY COUNCIL SPONSORSHIP FOR A THREE YEAR PERIOD. Authorize the Mayor and City Clerk to execute the sponsorship agreement that the City Council will be a Race sponsor for the next three years. D. MISCELLANEOUS 11. APPOINTMENT OF KEVIN NOLEN TO THE ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC). a) Approve Council Member Gardner's appointment of Kevin Nolen to the District 6 at -large position; and b) EQAC's recommendation to reassign Sandra Haskell to the community association position on the 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 HEARINGS 12. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE A2Z RECYCLING SERVICES, INC. Action: a) Conduct public hearing; and b) adopt Ordinance No. 2009 -6 granting a Non - exclusive Solid Waste Franchise to A2Z Recycling Services, Inc. 13. PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 19 SANTA ANA HEIGHTS - MESA DRIVE, CYPRESS STREET AND A PORTION OF ORCHARD DRIVE. Action: a) Conduct public hearing; and b) adopt Resolution No. 2009 - establishing Underground Utility District No. 19 and approving the Engineer's Report and Boundary Map; OR c) abandon the District proceedings. 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 3- minutes. Before speaking, please state your name for the record. XVII. CURRENT BUSINESS 14. OASIS SENIOR CENTER REBUILD PROJECT (C -8888) - AWARD OF CONTRACT. Action: a) Approve the project plans and specifications; b) award Contract No. 3888 to KPRS Construction Services, Inc. for the total bid price of $11,047,000.00, and authorize the Mayor and the City Clerk to execute the contract; c) establish a contingency amount of $1,104,700 (10% of total bid) to cover the cost of unforeseen work; d) contingent upon the ability to approve and permit by the City's Building Department, approve awarding Alternative Bid Item A3 — "furnish and install the tensile membrane structures as specified on the plans and in the specifications ", to KPRS Construction Services, Inc. for the bid amount of $207,000.00 - this amount would be in addition to the base contract amount and any contingency allowances; and e) authorize City Risk Management staff to purchase a "Builder's Risk" insurance policy on the OASIS construction project (cost for said policy should be in the range of $65,000 to $75,000 to cover the 18 months construction period). 15. NEWPORT BEACH CONFERENCE AND VISITOR'S BUREAU (NBCVB) AGREEMENT. Action: Approve the proposed agreement with NBCVB, extending the terms of the existing agreement through June 30, 2014. 16. REQUEST TO FORM A TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) UNDER THE 1994 PBID LAW, Action: Agree to consider the formation of a Tourism Business Improvement District (TBID) by taking the following actions - a) accept the petitions; b) review and accept the Tourism BID Draft Management District Plan; c) adopt Resolution of Intention No. 2009 - to establish the TBID and set the public meeting and public hearing dates for the City Council meetings of April 14 and April 28, 2009, respectively; and d) establish an Administrative Fee of 0.25% to cover City administrative support services. 17. AMENDMENT TO NUISANCE ABATEMENT ORDINANCE TO PROVIDE FOR RECOVERY OF ATTORNEYS' FEES AND COSTS IN NUISANCE ABATEMENT ACTIONS. Action: Introduce Ordinance No. 2009 -_ amending Section 10.50.160 of the Newport Beach Municipal Code, and pass to second reading on March 24, 2009. 18. FORMATION OF AN AD HOC COMMITTEE FOR NEGOTIATING THE CONEXANT AND KOLL COMPANY DEVELOPMENT AGREEMENTS. Action; a) Adopt Resolution No. 2009 -, forming the City Council Ad Hoc Development Agreement Committee for both applications; and b) confirm the Mayor's appointment of up to three Council Members, XVIII. MOTION FOR RECONSIDERATION A motion to reconsider the note 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 uoted with the preuaili.ng side. XIX. ADJOURNMENT