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HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, June 9, 2009 Regular Council Meeting - 7:00 p.m. EDWARD D. SELICH Mayor KEITH D. CURRY DON WEBB Mayor Pro Tern 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://www.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 June 9, 2009 I. STUDY SESSION - 3:00 p.m. II. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9(a)1: Three (3) matters: 1. Beek o. City of Newport Beach (CEQA), Orange County Superior Court Case No. 30- 2008 - 00071011 2. Beek u. City of Newport Beach (Election) Orange County Superior Court Case No. 07CC12177; 4th District Court of Appeals Case No. G041074 3. Weeger Bros. v. City of Newport Beach, Orange County Superior Court Case No. 30-2009-00122898 B. Conference with Legal Counsel - Anticipated Litigation - Exposure to Litigation (Government Code § 54956.9(b)): One (1) matter: 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 & 54956.9(c )): Two (2) matters: Potential initiation of litigation against the County of Orange for charging the City Property Tax Administration Fees in excess of those permitted by the Revenue and Taxation Code. 2. Potential initiation of litigation against Red Bluff, LLC, for imposition of a receiver in order to bring its property at the corner of Dover and PCH into compliance with City regulations and to abate nuisances. D. Public Employee Performance Evaluation (Government Code $ 54957(b)(1)): The Council will meet in closed session to consider the evaluation of performance, appointment, and/or employment of one public employee, specifically: Title: City Manager 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 WWWCITY.NEWPORT- BEACH. CA.US 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 - DC. PRESENTATIONS Proclamation to Citizen of the Year Norm Loats, Ed.D. 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 continents 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 - 17) 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 REGULAR MEETING AND ADJOURNED REGULAR MEETING OF MAY 26, 2009. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of ail ordinances and resolutions under consideration, and direct City Clerk to read by title only. B. RESOLUTIONS FOR ADOPTION 3. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SEASHORE DRIVE, NEWPORT BOULEVARD AND BALBOA BOULEVARD, BACK BAY DRIVE, SELECTED PARKING LOTS, AND SELECTED FEEDER STREETS FOR THE JULY 4TH HOLIDAY. Adopt Resolution No. 2009 -_, authorizing the Police Department to temporarily close, or divert traffic from, portions of Seashore Drive, the "100" block streets and alleys between 32nd Street and 54th Street, Balboa Boulevard, Back Bay Drive, and Newport Boulevard during the Fourth of July Holiday, to install temporary boundaries on Seashore Drive, and to close certain parking lots. 4. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2009 -2010 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR OF JULY 1, 2009, TO JUNE 30, 2010. a) Approve the Restaurant Association Business Improvement District Fiscal Year 2009 -2010 Annual Report; b) adopt Resolution of Intention No. 2009 -_ to levy assessments; and c) set the public hearing for June 23, 2009. 5. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2009 -2010 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2009 -2010. a) Approve the Balboa Village Business Improvement District 2009 -2010 Annual Report; and b) adopt Resolution of Intention No. 2009 -_ to levy assessments and set the public hearing for June 23, 2009, 6. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2009 -2010 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2009 -2010. a) Approve the Marine Avenue Business Improvement District Year 2009 -2010 Annual Report; and b) adopt Resolution of Intention No. 2009 to levy assessments and set the public hearing for June 23, 2009. 7. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2009 -2010 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2009 -2010. a) Approve the Corona del Mar Business Improvement District Year 2009.2010 Annual Report; b) confirm the Corona del Mar Business Improvement District 2009 Advisory Board, as elected by the BID membership, as follows: • Bernie Svalstad, Chairman Newport Factoring • Tom Nicholson, Vice Chairman Nicholson Companies • Mark Schulein, Secretary Crown Ace Hardware • Jim Walker, Treasurer The Bungalow • Beverly `BJ" Johnson Prudential California Realty • Ali Zadeh The Port Restaurant & Lounge • Erick Welton Welton & Company; and c) adopt Resolution of Intention No. 2009 -_ to levy assessments and set the public hearing for June 23, 2009. C. CONTRACTS AND AGREEMENTS 8. FUNDING FOR CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATION SYSTEM (CLETS) ENCRYPTION REQUIREMENT. a) Approve an expenditure of $54,217 to upgrade and encrypt 3 the Police Department's CAD California Law Enforcement Telecommunication System (CLETS) interface to accommodate the data encryption between the Orange County Sheriffs Department and the Police Department; and b) authorize the Chief of Police to execute a Professional Services Agreement with Northrop Grumman, as approved by the Office of the City Attorney. 9. PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES (C -4042) — COMPLETION AND ACCEPTANCE. a) Accept the completed contract work; b) authorize the City Clerk to file a Notice of Completion; c) 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 d) release the Faithful Performance Bond one year after Council acceptance. 10. ON -CALL GEOTECHNICAL SERVICES — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH GMU GEOTECHNICAL, INC. AND HARRINGTON GEOTECHNICAL. a) Approve Professional Services Agreement with GMU Geotechnical, Inc. for on -call geotechnical services, and authorize the Mayor and City Clerk to execute the agreement; and b) Approve Amendment No. 2 to Professional Services Agreement with Harrington Geotechnical for on -call geotechnical material and compliance testing services, and authorize the Mayor and City Clerk to execute the agreement. 11. MEASURE M GROWTH MANAGEMENT PROGRAM ELIGIBILITY REQUIREMENTS. a) Adopt the Seven -Year Measure M Capital Improvement Program; and b) direct staff to submit the adopted Seven -Year Measure M Capital Improvement Program, Maintenance of Effort Certification, and Pavement Management Plan Certification to the Orange County Transportation Authority to satisfy the eligibility provisions for Measure M and the Growth Management Program. 12. CORONA DEL MAR STREET REHABILITATION PROJECT — PHASE 1 (C -3963) — COMPLETION AND ACCEPTANCE. a) Accept the completed contract 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. NEWPORT TERRACE GAS COLLECTION SYSTEM — AWARD OF CONTRACT, CONTRACT AMENDMENT, AND BUDGET AMENDMENTS. a) Approve a contract for $80,000 with GC Environmental, Inc. (GCE) for the operation, maintenance and monitoring (OM &M) of the Newport Terrace Landfill Gas Collection and Control System, and authorize the Mayor and City Clerk to execute the contract on behalf of the City; b) approve Amendment No. 5 to the Professional Services Agreement with SCS Engineers — International, LLC (SCS) in the amount of $11,000 for an additional three months of support services for OM &M of the landfill gas collection and control system; c) approve a budget amendment (09BA -058) transferring a total of $11,000 from Environmental Liability unappropriated fund balance (292 -3605) to Environmental Liability, Services Professional & Technical (3155. 5080), to fund the additional three months of support services for OM &M; and d) include $80,000 on the budget checklist to fund the FY 2009 -2010 OM &M costs outlined in the staff report. 14. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES RELATED TO THE LOCAL COASTAL PROGRAM (LCP). Authorize the City Manager to execute an amendment extending the term of a Professional Services Agreement with the Chambers Group for environmental consulting for the Local Coastal Program (LOP). 15. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR GEOTECHNICAL CONSULTING SERVICES RELATED TO THE LOCAL COASTAL PROGRAM (LCP). Authorize the City Manager to execute an amendment extending the term of a Professional Services Agreement with the Leighton Consulting Inc. for geotechnical consulting for the Local Coastal Program (LOP). D. MISCELLANEOUS 16. DECORATIVE BANNERIFLAG ENCROACHMENT POLICY. Approve City Council Policy L -27 - Flags Placed Within or Extending Over the Public Right -of- Way Within Business Improvement Districts. 17. BOARD AND COMMISSION SCHEDULED VACANCIES — CONFIRMATION OF NOMINEES. Confirm the nominations made by the Ad Hoc Appointments Committee, as listed in staff report. 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 18. 2009 -10 APPROPRIATION LIMIT HEARING. Action: a) Conduct public hearing; and b) adopt Resolution No. 2009 -_ approving the City's Appropriation (Gann) Limit for the 2009 -10 fiscal year in the amount of $143,264,238. 19. FISCAL YEAR 2009 -10 PROPOSED BUDGET HEARING. Action: a) Conduct public hearing; b) after taking public input, prepare a "checklist" of proposed changes to the proposed budget that will be reviewed by the City Council at the meeting of June 23, 2009; and c) direct the preparation of the budget resolution for adoption at the Council Meeting of June 23, 2009, including any "checklist" items that are recommended for approval. 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 minutes. Before speaking, please state your name for the record. XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 20. PLANNING COMMISSION AGENDA FOR JUNE 4, 2009. Action: a) Receive oral report on the most recent Planning Commission actions; b) Council Member appeal of Planning Commission, Modification Committee or Planning Director approvals subject to appeal; and c) receive and file written report. XVIII. CONTINUED BUSINESS 21. REVISIONS TO CITY'S WATER CONSERVATION ORDINANCE. Action: a) Repeal Chapter 14.16 of the Newport Beach Municipal Code in its entirety; b) introduce Ordinance No. 2009 -_, and pass to second reading on June 23, 2009; and c) schedule a public hearing on June 23, 2009 to receive public input. XDI. CURRENT BUSINESS 22. ANNUAL REVIEW AND UPDATE OF STRATEGIC PLAN FOR FISCAL AND ECONOMIC STABILITY. Action: a) Receive and file the Annual Review of the Strategic Plan; b) approve the proposed updates to the Strategic Plan; and c) add $15,000 to the 2009 -2010 budget checklist for professional and technical services to implement the Strategic Plan. 23. PROPOSED ASSESSMENT DISTRICT NO. 103 — AREA GENERALLY BOUNDED BY G STREET, EAST BALBOA BOULEVARD, CHANNEL ROAD, AND OCEAN BOULEVARD. Action: a) Adopt the following Resolutions for proposed Assessment District No. 103: 1) Resolution No. 2009 -_ adopting a map showing the proposed boundaries of, and making appointments for, proposed Assessment District No. 103; 2) adopt Resolution No. 2009 -_ declaring intention to order the conversion of certain existing overhead electrical and communication facilities to underground locations in proposed Assessment District No. 103, describing the district to be assessed to pay the costs and expenses thereof by reference to approved boundary map, providing for the issuance of bonds, and declaring intention to take several related steps in furtherance of implementing the proposed underground district; and 3) adopt Resolution No. 2009 -_ giving preliminary approval to the report of the Assessment Engineer for Assessment District No. 103 and an underground utilities district, setting a time and place for a public hearing thereon, and directing the mailing of notices of hearing and assessment ballots to the affected property owners; and b) approve the Professional Services Agreement with Meyer Nave to provide bond counsel services at a not to exceed price of $25,000, and authorize the Mayor and City Clerk to execute the agreement. 24. TRANSFER OF DEVELOPMENT RIGHTS IN NORTH NEWPORT CENTER PLANNED COMMUNITY (PA2009 -073). Action: Adopt Resolution No. 2009 -_, approving a transfer of development rights in North Newport Center Planned Community, as follows: 1) 241,711 square feet of general office from San Joaquin Plaza to Black 600; and 2) 54,911 square feet of general office from Block 500 to Block 600. XX. 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. XXI. ADJOURNMENT