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Home My WebLink About04 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, FEBRUARY 8, 2011, AT 7:00 P.M. COUNCIL CHAMBERS 3300 NEWPORT BOULEVARD MICHAEL F. HENN Mayor NANCY GARDNER STEVEN ROSANSKY Mayor Pro Tern Council Member RUSH N. HILL, II Council Member LESLIE J. DAIGLE Council Member EDWARD D. SELICH KEITH D. CURRY 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. I£ 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 FEBRUARY 8, 2011 I. SPECIAL MEETING - 3:40 p.m. II. STUDY SESSION - 4:00 p.m. III. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9(a)): Two matters: 1. Zepeda v. Washington Mutual, United States District Court Case No. SACV10 -01987 2. Hirou v. Thornburg Mortgage Securities Trust 2007 -3, United States District Court Case No. SACV10 -01967 DOC(AGRx) B. Conference with Legal Counsel - Anticipated Litigation - ExpOsure To Litigation (Government Code & 54956.9(b): Two matters: 1. Potential exposure to litigation regarding the claim of Fireman's Fund Insurance arising from a sewage back up on April 24, 2009. 2. Potential exposure to litigation regarding the claim of David Paine arising from a ruptured water main on November 25, 2010. C. Public Employee Performance Evaluation (Government Code S 54957(b)(1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of two public employee(s). Titles: City Manager and City Clerk IV. RECESS V. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. CLOSED SESSION REPORT (if applicable) VIII. PLEDGE OF ALLEGLANCE IX. INVOCATION - Reverend Robert Jordan Ross, Newport Universalist Society X. PRESENTATION Presentation of Check from the Lenahan Trust for the Proposed Donation of Art and Funds 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. XI. 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. XII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM) XHI. CONSENT CALENDAR 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 FOR THE STUDY SESSION AND REGULAR MEETING OF JANUARY 25, 2011. 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. PUBLIC PIER TIME LIMITS AND RULES: ORDINANCE RELATING TO AMENDING THE TIME LIMITS AND RULES FOR THE CITY S PUBLIC PIERS. Adopt Ordinance No. 2011 -6 amending Newport Beach Municipal Code Section 17.01.030, Section 17.25.010, and Section 11.20.060 which amends the time limits and rules for the City's public piers. 4. SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING SECTIONS 6.04.070 AND 6.040.240 OF TITLE 6 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO COLLECTION OF GARBAGE AND RECYCLABLES AND PENALTIES FOR VIOLATIONS OF CHAPTER 6.04. Conduct second reading and adopt Ordinance No. 2011 -7 amending the Newport Beach Municipal Code Section 6.04.070 and 6.040.240 of Title 6 of the Newport Beach Municipal Code pertaining to collection of garbage and recyclables and penalties for violations of Chapter 6.04. (amended title and recommendation) C. RESOLUTION FOR ADOPTION 5. ADOPTION OF RECORDS RETENTION SCHEDULE AND AUTHORIZATION FOR DESTRUCTION OF CERTAIN CITY RECORDS. Adopt Resolution No. 2011 -15 adopting a records retention schedule, authorizing destruction of certain city records, and rescinding Resolution Nos. 2003 -39 and 2006 -104. D. CONTRACTS AND AGREEMENTS 6. BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4479. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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. LIFEGUARD HEADQUARTERS ROOF REPLACEMENT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4599. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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. RHINE WHARF REPAIRS AND PUBLIC DOCK — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3821. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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. SAN MIGUEL DRIVE STREET IMPROVEMENTS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4472. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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. 10. OCEAN FRONT STREET AND ALLEY REPLACEMENT — AWARD OF CONTRACT NO. 4316. a) Approve the project drawings and specifications; b) award Contract No. 4316 to Nobest Inc. for the total bid price of $904,000.00, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $136,050.00 (15 %) to cover the cost of unforeseen work and anticipated additional concrete street pavement not included in the original contract. E. MISCELLANEOUS 11. LENAHAN ESTATE BEQUEST. Accept the bequest in accordance with Council Policy I -11— Donations of Art to the City of Newport Beach; and b) approve Budget Amendment No. I IBA- — to increase revenue estimates by $50,000 in Account No. 4090 -5091 (Designated Gifts - Private Donations /Contributions). Expenditure estimates will be increased by the same amount in Division 4093 (Designated Gifts). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVI. 12. QUARTERLY BUSINESS REPORT. a) Comment as desired; and b) receive and file. XVII. 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. 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. XDX. ADJOURNMENT 4