Loading...
HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, August 11, 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 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 & PAGERS OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD August 11, 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)): Four matters: • IBC Litigation Matters: Four matters, all arising out of the IBC Litigation against the City of Irvine: • Newport BeachlTustin v. City of Irvine (Martin Street), Orange County Superior Court Case No. 07CCO1264 • Newport Beach✓Tustin v. City of Irvine (2851 Alton), Orange County Superior Court Case No. 07CCO1265 • Newport BeaclvTustin v. City of Irvine (HCG), Orange County Superior Court Case No. 30- 2008- 0022885- CU- WM -CXC • Newport Beach/Tustin v. City of Irvine (Accessory Retail Business Regulations), Orange County Superior Court Case No. 30- 2009 - 00264696 B. 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(s). • Titles: City Manager and 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 - Rabbi Marc Rubenstein, Temple Isaiah 13L PRESENTATIONS Presentation of Cultural Arts Grants and State of the Arts Report Presentation of Plaques to Outgoing Board and Commission Members 1 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.newportbeachea.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 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 All matters listed under CONSENT CALENDAR (I — 20) 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 JULY 28, 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. TRANSIENT OCCUPANCY TAX (TOT)/VISITOR SERVICE FEE (VSF) ORDINANCE UPDATE- THE PAYMENT OF TAX AND FEES PRIOR TO SEEKING JUDICIAL REVIEW. Introduce Ordinance No. 2009 -_ amending Chapters 3.16 and 3.28 of the Newport Beach Municipal Code relating to the payment of Uniform Transient Occupancy Taxes (UTOTs) and Visitor Service Fees (VSFs) prior to seeking judicial review, and pass to second reading on September 8, 2009, C. ORDINANCE FOR ADOPTION 4. AMENDMENT TO CHAPTER 1.12.020 OF THE MUNICIPAL CODE REGARDING ISSUANCE OF CITATIONS. Adopt Ordinance No. 2009 -16 which gives the power to issue citations to the Code and Water Quality Enforcement Manager and any staff he/she designates. Fa E. RESOLUTION FOR ADOPTION 5. COUNCIL APPROVAL OF THE BIG CANYON CREEK RESTORATION PROJECT AND ADOPTION OF THE MITIGATED NEGATIVE DECLARATION. a) Approve the Big Canyon Restoration Project; and b) adopt the Mitigated Negative Declaration. CONTRACTS AND AGREEMENTS 6. COMMUNITY YOUTH CENTER REHABILITATION - COMPLETION AND ACCEPTANCE (C- 3959). a) Accept the completed 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. COMMUNITY YOUTH CENTER PARKING LOT IMPROVEMENTS - COMPLETION AND ACCEPTANCE (C- 4132). a) Accept the completed 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. S. COMMUNITY YOUTH CENTER (CYC) ROOF REHABILITATION - AWARD OF CONTRACT (C- 4195). a) Approve the project plans and specifications; b) award the contract (C -4195) to Western States Roofing Systems, Inc. (Western States) for the total bid price of $74,650, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $11,200 (15 %) to cover the cost of unforeseen work. 9. CORONA DEL MAR STREETLIGHT IMPROVEMENT PROJECT - AWARD OF CONTRACT (C- 4090). a) Approve the project drawings and specifications; b) award the contract (C -4090) to Macadee Electric Construction for the total bid price of $165,669, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $17,000 to cover the cost of unforeseen work; and d) approve a budget amendment (10BA -007) recognizing an additional contribution of $2,787 from the Corona del Mar Business Improvement District and appropriating $2,787 from Account No. 7251- C2202001, which together with the original appropriation of $100,000 represents 50 percent of the proposed design and construction costs for the project. 10. NEWPORT BEACH CIVIC CENTER - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HALL & FOREMAN, INC. FOR SURVEY SERVICES. Approve Amendment No. 1 to the Professional Services Agreement with Hall & Foreman, Inc. to provide supplemental survey and consulting services at a not to exceed price of $46,150, and authorize the Mayor and City Clerk to execute the Amendment. 11. VIA LIDO, VIA ANTIBES, VIA OPORTO & VIA MALAGA STREET REHABILITATION - AWARD OF CONTRACT (C- 4096). a) Approve the project plans and specifications; b) award the contract (C -4096) to All American Asphalt for the total bid price of $575,575, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $57,558 (10 %) to cover the cost of unforeseen work. 12. TRAFFIC SIGNAL MODERNIZATION - WEST NEWPORT (PHASE 4) AND BALBOA PENINSULA (PHASE 7) DESIGN - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC. Approve a Professional Services Agreement with Iteris, Inc. for design of Phases 4 and 7 of the Traffic Signal Modernization Project - West Newport and Balboa Peninsula - at a contract price of $446,820, and authorize the Mayor and City Clerk to execute the Agreement. 13. APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH W. A. RASIC COMPANY, INC. AND APPROVAL OF AMENDMENT NO. 3 WITH MIKE KILBRIDE, LTD. a) Approve Amendment No. 2 to Professional Services Agreement with W. A. Rasic Company, Inc. for on -call underground utility repair services, and authorize the Mayor and City Clerk to execute the Amendment; and b) approve Amendment No. 3 to Professional Services Agreement with Mike Kilbride, Ltd for on -call underground utility repair services, and authorize the Mayor and City Clerk to execute the Amended Agreement. 14. APPROVAL OF ON -CALL REPAIR SERVICES AGREEMENT WITH R.A. REED ELECTRIC COMPANY, INC. FOR REPAIR OF ELECTRIC MOTORS FOR WATER WELLS AND PUMP STATIONS. Approve an on -call repair services agreement with R. A. Reed Electric Company for repair of motors for water wells, booster pumps and pump stations, and authorize the Mayor and City Clerk to execute the Agreement. 15. TASTE OF NEWPORT BANNERS - APPROVAL OF ENCROACHMENT PERMIT N2009 -0179. a) Conditionally approve the request of the Newport Beach Chamber of Commerce for the installation of 169 banners from August 24, 2009, to September 22, 2009, for the annual Taste of Newport (installation will be along Westcliff Drive, Jamboree Road, MacArthur Boulevard, Newport Boulevard, and Coast Highway); and b) waive City fees associated with the banners and their installation. 16. APPROVAL OF MEMORANDUM OF AGREEMENT WITH THE STATE OF CALIFORNIA FOR ACQUISITION OF URBAN SEARCH AND RESCUE (USAR) TRAILER AND EQUIPMENT. Authorize the Fire Chief to approve the Memorandum of Agreement with the State of California for Acquisition of Urban Search and Rescue (USAR) trailer and equipment. E. MISCELLANEOUS 17. REASSIGNMENT OF FUNDS FOR THE URBAN SEARCH AND RESCUE (USAR) VEHICLE. a) Reallocate funds from the Fire Department Capital Improvement Projects (CIP) fund to convert spare Fire Engine No. 2418 to accommodate tools and equipment obtained through the Urban Area Security Initiative grant; and b) approve a budget amendment (10BA -008) reallocating $84,990 from account 7011- C2320715 to account 23209300. 18. SALE OF CITY -OWNED PROPERTY IN FRONT OF 412 CARNATION AVENUE. a) Approve the sale of City -owned property in front of 412 Carnation Avenue to Mr. Kurt Christiansen for $7,900, and b) authorize the Mayor and City Clerk to execute a grant deed transferring the property to Mr. Christiansen when conditions have been met. 19. UNSCHEDULED VACANCY ON THE BUILDING AND FIRE BOARD OF APPEALS. a) Declare a vacancy on the Building and Fire Board of Appeals due to the resignation of Paul Root effective July 30, 2009; b) confirm the Mayor's appointment of and to serve on the Ad Hoc Appointments Committee; and c) direct the City Clerk to post and publish a Special Vacancy Notice requesting that applications be submitted by 4:00 p.m. on Thursday, August 27, 2009, and schedule the submission of the nominations to the Council on September 8, 2009 with the final appointment to be made on September 22, 2009. 20. APPOINTMENTS TO THE SPECIAL EVENTS ADVISORY COMMITTEE. a) Confirm the Mayor's appointment of the following individuals to the Special Events Advisory Committee: Kim Severini, Jim Donnell, Janis Dinwiddie, Marshall Topping, Kirwan Rockefeller, Laura Davis, and Judy Brower; and b) confirm the Mayor's appointment of Laura Davis as Chairperson. 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 21. COST RECOVERY ORDINANCE (CHAPTER 3.36), FEE RESOLUTION AND MASTER FEE SCHEDULE. Action: a) Conduct public hearing; b) introduce Cost Recovery Ordinance No. 2009- _ amending Exhibit A to Chapter 3.36 of the Newport Beach Municipal Code, and pass to second reading on September 8, 2009; and c) adopt Resolution No. 2009- with Master Fee Schedule. 22. COUNCIL POLICY MANUAL UPDATE FOR 2009. Action: a) Conduct public hearing relative to Council Policy A -18; and b) approve the proposed revisions to Council Policies A -18, B -1, B -2, B -7, B -12, B -13, B -14, F -1, F -3, F -6, F -7, F -8, F -12, F -16 and K -1, the deletion of Council Policies F -21 and F -23, and the addition of Council Policy F -28. 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. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 23. PLANNING COMMISSION AGENDA FOR AUGUST 6, 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. CURRENT BUSINESS 24. CITY'S RESPONSE TO STATE BUDGET ACTIONS. Action: Approve the use of Unappropriated General Fund Operation Reserves to mitigate the loss of property tax revenues for the 2009 -10 fiscal year due to the adoption of the State Budget and the suspension of Proposition 1A. 25. CIVIC CENTER UPDATE — SIZE /SCOPE/SQUARE FOOTAGES. Action: Provide any guidance to members of the Civic Center Building Committee and City staff. 26. NEWPORT BEACH CIVIC CENTER PROJECT — APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR ARCHITECTURAL DESIGN SERVICES — SCHEMATIC DESIGN AND DESIGN DEVELOPMENT FOR EMERGENCY OPERATIONS CENTER (EOC). Action: Approve Amendment No. 2 to Professional Services Agreement (PSA) with Bohlin Cywinski Jackson for schematic design and design development phases for the Emergency Operations Center (EOC) of the Newport Beach Civic Center at a not to exceed price of $169,222, and authorize the Mayor and City Clerk to execute the Amended Agreement. 27. RECONSIDERATION OF GENERAL PLAN AMENDMENT INITIATION (G12009- 001) NEWPORT BEACH COUNTRY CLUB (PA2005 -140 AND PA2008 -152). Action: If deemed appropriate, rescind the City- initiated General Plan amendment by adoption Resolution No. 2009 -_ XIX. 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. XX. ADJOURNMENT