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Home My WebLink About0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, MARCH 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 EDWARD D. SELICH Council Member LESLIE J. DAIGLE Council Member KEITH D. CURRY 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. 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 OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD MARCH 8, 2011 I. STUDY SESSION — 4:00 p.m. ll. CLOSED SESSION — After Study Session — Council Chambers Conference Room A. Conference with Legal Counsel — Existing Litigation (Government Code S 54956.9(a)): Four matters: 1. State Farm Insurance vs. City of Newport Beach (Pon - Sullivan), Orange County Superior Court Case No. 30- 2010 - 00432607 -CU -PO -CJC 2. Savon, Byron vs. City of Newport Beach, Estate of Grace Inez Howald, Orange County Superior Court Case No. 2011- 00447333CJC 3. Everest National Insurance Company vs. Abinader, Orange County Superior Court Case No. 30-2010-00432981 4. Luigi Abinader vs. State of California, City of Newport Beach, Orange County Superior Court Case No. 30- 2010 - 00436154 -CU -PA -CJC B. Conference with Legal Counsel — Anticipated Litigation — Initiation of Litigation (Government Code 5 54956.9(c)): One matter: 1. Potential initiation of litigation against Puna McLlwain aka Punahele Aikala Mcllwain aka Steve Mcllwain of 443 Harbor Drive C. Public Employee Performance Evaluation (Government Code 6 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 employees. Titles: City Manager and 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 IX. PRESENTATION - None 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.newportbeachca.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 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 (1 - 10) 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 MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF FEBRUARY 22, 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. ORDINANCE FOR ADOPTION 3. PROFESSIONAL REAL ESTATE SERVICES, INC. (PRES, INC.) OFFICE BUILDING B (PA2007 -213) — 4300 VON KARMAN AVENUE — GENERAL PLAN AMENDMENT NO. GP2007 -009; PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2007 -006; TENTATIVE PARCEL MAP NO. NP2010 -005 (COUNTY TMP NO. 2008 -123) — NEW 11,960 GROSS SQUARE FOOT COMMERCIAL OFFICE BUILDING. Conduct a second reading and adopt Ordinance No. 2011 -8, approving Planned Community Development Plan No. PD2007 -006 to amend the Koll Center Newport Planned Community text. C. RESOLUTION FOR ADOPTION 4. RESOLUTION SUPPORTING A WATERSMART PROGRAM GRANT. Adopt Resolution No. 2011 -19 authorizing and supporting the submission of a grant application to the USBR WaterSMART grant program. D. CONTRACTS AND AGREEMENTS 5. 2010 -2011 CITYWIDE SLURRY SEAL PROGRAM — AWARD OF CONTRACT NO. 4604. a) Approve the project drawings and specifications; b) award Contract No. 4604 to American Asphalt South, Inc. for the total bid price of $566,500, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $57,000 (10 %) to cover the cost of unforeseen work not included in the original contract. 6. LIDO ISLE PAVEMENT REHABILITATION PHASE III — AWARD OF CONTRACT NO. 4520 a) Approve the project drawings and specifications; b) award Contract No. 4520 to E.C. Construction Company for the total bid price of $574,559.50 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $57,455 (10 %) to cover the cost of unforeseen work not included in the original contract. 7. JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 — AWARD OF CONTRACT NO. 3724. a) Approve the project plans and specifications; b) award Contract No. 3724 to Beador Construction Company for the total bid price of $3,194,703 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $320,000 (approximately 10 %) to cover the cost of unforeseen work not included in the original contract. 8. BRIDGE MAINTENANCE PROGRAM — AWARD OF CONTRACT NO. 4587. a) Approve the project drawings and specifications; b) award Contract No. 4587 to Truesdell Corporation for the total bid price of $129,129, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $13,000 (approximately 10 %) to cover the cost of unforeseen work not included in the original contract. 9. SPORTS OFFICIATING CONTRACT WITH FORMER EMPLOYEE DAN AUGER. Approve the Independent Contractor Agreement between the City of Newport Beach and former City employee Dan Auger for his services as a softball umpire. E. MISCELLANEOUS 10. PLANNING COMMISSION AGENDA FOR MARCH 3, 2011. Receive and file written report. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. 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. XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES C XVI. PUBLIC HEARINGS 11. CODE AMENDMENT NO. CA2010 -010 (1537 SANTANELLA TERRACE) TO CHANGE THE FRONT SETBACK ESTABLISHED ON SETBACK MAP S -9A — IRVINE TERRACE FROM 34 FEET TO 19 FEET FOR THE PROPERTY LOCATED AT 1537 SANTANELLA TERRACE. a) Conduct a public hearing; and b) introduce Ordinance No. 2011 -9 approving Code Amendment No. CA2010 -010 to change the front setback established by Setback Map S -9A — Irvine Terrace from 34 feet to 19 feet, and pass to second reading for adoption on March 22, 2011. 12. APPROVAL OF MASTER FEE SCHEDULE AND CHANGE IN SUBSIDIES. a) Conduct a public hearing; b) adopt Resolution No. 2011 -24 approving the Master Fee Schedule as recommended by staff; c) introduce Ordinance No. 2011 -10, amending NBMC Section 3.36.030.3; and d) introduce Ordinance No. 2011 -11, updating NBMC Sections 14.12.085(A) and 14.12.125(A) to refer to the appropriate fees. XVII. CURRENT BUSINESS 13. WAYFINDING SIGN PROJECT — AWARD OF CONTRACT NO. 4040. Council to select one of the following two options: 1) Award the project and proceed with the work as follows: a) approve the project drawings and specifications; b) approve Budget Amendment No. 11 BA- 037 recognizing a contribution of $60,300 from Visit Newport Beach, Inc. and various business improvement districts, and appropriating $60,300 to Account No. 7251- C3002011; and transferring $48,700 in project savings from Account No. 7013- C2002014 and $3,000 in project savings from Account No. 7017- C8002026 to Account No. 71014- C3002012 for a total appropriation of $112,000 to cover the cost of the project. All contributions are to be collected and deposited in the project account prior to proceeding with the contract award; c) award Contract No. 4040 to Censource, Inc. for the total bid price of $97,551.16, and authorize the Mayor and the City Clerk to execute the contract; and d) establish a contingency of $14,448.84 (15 %) to cover the cost of unforeseen work; OR 2) reject all bids and provide staff direction on how to proceed with the project. 14. TIDELANDS CONSULTANT — LEASE DOCUMENTS AND LEASE NEGOTIATIONS. Authorize the City Manager to enter into a Professional Services Agreement with Allan D. Kotin and Associates for assistance in negotiating commercial tidelands leases. 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. XIX. ADJOURNMENT