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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, June 23, 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://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 23, 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 matters: 1. Beek vs. City of Newport Beach (CEQA), Orange County Superior Court Case No. 30- 2008- 00071011 2. Beek vs. City of Newport Beach (Election) Orange County Superior Court Case No. 07CC12177; 4th District Court of Appeals Case No. G041074 3. Harvey vs. City of Newport Beach Orange County Superior Court Case No. 07CC05400 B. Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation (Government Code § 54956.9(c): Two (2) matters: 1. Potential initiation of litigation against the state of California for unconstitutional diversion of local share of gas tax revenues. C. Public Emplovee Performance Evaluation (Government Code § 54957(b)(1)): The Council will meet in closed session to consider the evaluation of performance of one public employee, specifically: 1. Title: City Clerk 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 - Pastor Bradley Stienstra, Newport Harbor Lutheran Church 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 D;. PRESENTATIONS - 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 - 13) 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 RESOL UTIONS 1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR MEETING OF JUNE 9, 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 INTRODUCTION 3. ORDINANCE TO PROVIDE THE PUBLIC WORKS DIRECTOR THE AUTHORITY TO ADOPT NEW EDITIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. a) Introduce Ordinance No. 2009 - to add Chapter 75 of Title 15 of the Newport Beach Municipal Code to adopt the Standard Specifications for Public Works Construction, and pass to second reading on July 28, 2009; and b) set a Public Hearing on July 28, 2009, to add Chapter 75 of Title 15 of the Newport Beach Municipal Code and adopt the ordinance. C. RESOLUTION FOR ADOPTION 4. SALES TAX RECORDS. a) Adopt Resolution No. 2009 -_ authorizing the City Attorney to enter into the contract governing access to confidential taxpayer data related to certain claims of the City of Newport Beach under the Bradley -Burns Local Sales and use Tax Law; and b) adopt Resolution No. 2009 -_ authorizing Holland & Knight access to confidential taxpayer records. D. CONTRACTS AND AGREEMENTS 5. POLICE DEPARTMENT GENERATOR REPLACEMENT (C -4056) - AWARD OF CONTRACT, a) Approve the project plans and specifications; b) award the contract (C -4056) to Gammill Electric, Inc. for the total bid price of $245,958, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $36,800 (15% of total bid) to cover the cost of unforeseen work. 6. 38TH STREET TIDAL STRUCTURE /TIDE VALVE (C -3954) - COMPLETION AND ACCEPTANCE. a) Accept the completed contract with 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. OCEAN PIER REPAIRS (C -3973) - COMPLETION AND ACCEPTANCE. a) Accept the completed contract with 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. S. BALBOA VILLAGE ALLEY REPLACEMENT (C -3944) - COMPLETION AND ACCEPTANCE. a) Accept the completed contract with 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. 9. TRAFFIC SIGNAL MODERNIZATION PROJECT - APPROVAL OF AMENDMENT NO. 1 TO THE PURCHASE CONTRACT WITH ECONOLITE CONTROL PRODUCTS, INC. Approve Amendment No. 1 to the Phase 1 Purchase Contract with Econolite Control Products, Inc. of Anaheim, California, for purchase and installation of advanced traffic signal management equipment for Phase 2 and 3 of the Traffic Signal Modernization Project, at a not to exceed price of $307,337.70, and authorize the Mayor and City Clerk to execute the Agreement. 10. AUTHORIZATION TO CONTINUE A CONTRACT WITH VAN SCOYOC ASSOCIATES REGARDING ADVOCACY FOR DREDGING PROJECTS: UPPER AND LOWER NEWPORT BAY AND THE SANTA ANA RIVER MARSH /NEWPORT SLOUGH. a) Authorize the City Manager to enter into Amendment No. 1 to the Professional Services Agreement with Van Scoyoc Associates for up to $60,000 to advocate for dredging the Lower Bay and for funding the Upper Bay Ecosystem Restoration Project; and b) approve a budget amendment (09BA -059) appropriating $60,000 from Tidelands unappropriated fund balance, 230 -3605, to Harbor .Resources' Professional and Technical Services account, 2371- 8080. 11. IRVINE TERRACE LANDSCAPE IMPROVEMENTS - PERMISSION TO INCREASE CONTINGENCY AMOUNT TO ACCOMMODATE UNFORESEEN EXTRA WORK (C- 3865). Authorize a total not -to- exceed contingency amount of $37,018 (42% of the total bid amount). 12. LEGAL ADVERTISING BID FOR FISCAL YEAR 2009 -2010. Accept the bid of The Daily Pilot and authorize a purchase order for the one -year period of fiscal year 2009.2010. E. MISCELLANEOUS 13. APPOINTMENT OF JAY MYERS TO THE ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC). Approve EQAC's recommendation to appoint Jay Myers to a 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 14. 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. Action: a) Conduct public hearing; and b) adopt Resolution No. 2009 -_ for the renewal of the Balboa Village Business Improvement District (BID) confirming the levy of the BID assessment for the 2009 -2010 fiscal year, unless during the Public Hearing the Council received protests representing 50 percent or more of the total assessment amount. 15. 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. Action: a) Conduct public hearing; and b) adopt Resolution No. 2009 -_ for the renewal of the Marine Avenue Business Improvement District (BID) confirming the levy of the BID assessment for the 2009 -2010 fiscal year, unless during the Public Hearing the Council received protests representing 50 percent or more of the total assessment amount. 16. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: PUBLIC HEARING AND RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2009 -2010. Action: a) Conduct public hearing; and b) adopt Resolution No. 2009 -_ for the renewal of the Corona del Mar Business Improvement District (BID) confirming the levy of the BID assessment for the 2009 -2010 fiscal year, unless during the Public Hearing the Council received protests representing 50 percent or more of the total assessment amount. 17. 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. Action: a) Conduct public hearing; and b) adopt Resolution No. 2009 -_ for the renewal of the Restaurant Association Business Improvement District (BID) confirming the levy of the BID assessment for the 2009 -2010 fiscal year, unless during the Public Hearing the Council received protests representing 50 percent or more of the total assessment amount. 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 18. PLANNING COMMISSION AGENDA FOR JUNE 18, 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 19. FISCAL YEAR 2009 -10 BUDGET ADOPTION. Action: a) Straw vote the items included on the Budget Checklist and determine by individual vote if the budget checklist items should be included in the Fiscal Year 2009 -10 Budget; and b) adopt Resolution No. 2009 -_ adopting the City's Fiscal Year 2009 -10 Budget, as amended by any approved Budget Checklist items. 20. APPOINTMENTS TO BOARDS AND COMMISSIONS. Action: Appointments to be made from the nominees to the Boards and Commissions listed below: Board of Library Trustees (1 vacancy - Vote for one) Stephanie Murguia (incumbent) Nancy Thompson City Arts Commission (3 vacancies - Vote for three) Catherine Allen Carole Boller Robyn Grant (incumbent) Michael Magrutsche Christopher Trela Civil Service Board (1 vacancy — Vote for one) Barry Baldwin Maiqual Talbot Harbor Commission (2 vacancies —Vote for two) Chandler Bell Richard Reyna Ralph Rodheim (incumbent) Vincent Valdes Parks. Beaches & Recreation Commission (2 vacancies - Vote for two) Phillip Lugar (incumbent) Marie Marston (incumbent) Deborah McWilliams Jack Tingley Planning Commission (2 vacancies — Vote for two) Steven Coyne Bradley Hillgren (incumbent) Timothy Stoaks Michael Toerge (incumbent) 21. DISPOSITION OF SURPLUS ASSESSMENT DISTRICT IMPROVEMENT FUNDS FOR ASSESSMENT DISTRICT NOS. 71 ( BALBOA BOULEVARD), 78 (LITTLE BALBOA ISLAND), AND 82 (CORONA DEL MAR). Action: Adopt Resolution Nos. 2009 -_, 2009 -_, and 2009 -_, which authorize the City to charge the Assessment Districts interest for funds advanced to it, declares the remaining balance as surplus, and provides staff specific direction as to the distribution of improvement fund balances in Assessment District Nos. 71 (Balboa Boulevard), 78 (Little Balboa Island), and 82 (Corona del Mar). XIX. CURRENT BUSINESS 22. CONSIDERATION OF ADOPTION OF POLICY AND PROCEDURES FOR CITY DISTRIBUTION OF TICKETS OR PASSES THROUGH THE CITY. Action: Approve new Administrative Services Policy F -27, "Policy and Procedures for Distribution of Tickets/Passes." 23. AMENDMENT OF CAMPAIGN CONTRIBUTION ORDINANCE, AS REVISED, TO INCREASE THE LIMIT ON INDIVIDUAL CAMPAIGN CONTRIBUTIONS TO $1,000, AND PROVIDE FOR ADJUSTMENT OF CONTRIBUTION LIMITS BASED ON THE CONSUMER PRICE INDEX. Action: Introduce Ordinance No. 2009 -_, amending Chapter 1.25 of the Newport Beach Municipal Code, and pass to second reading on July 14, 2009. 24. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE CITY COUNCIL'S 2009 PRIORITIES. Action: Review and comment, as desired. 25. ORDINANCE NO. 2009 -12 AMENDING THE SUBDIVISION ORDINANCE, TITLE 19 OF THE MUNICIPAL CODE, RELATIVE TO LOT LINE ADJUSTMENTS. Action: Adopt Ordinance No. 2009 -12 amending Title 19 of the Newport Beach Municipal Code relating to applicability and procedures for lot line adjustments. 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