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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, May 26, 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 May 26, 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, all arising out of the IBC Litigation with Irvine: 1. Newport BeachlTustin v. City of Irvine (Martin Street), Orange County Superior Court Case No. 07CCO1264 2. Newport BeachlTustin v. City of Irvine (2851 Alton), Orange County Superior Court Case No. 07CCO1265 3. Newport BeachlTustin v. City of Irvine (HCG), Orange County Superior Court Case No. 30- 2008 - 0022885- CU- WM -CXC 4. Newport BeachlTustin v City of Irvine (Accessory Retail Business Regulations), Orange County Superior Court Case No. 30- 2009 - 00264696 B. Conference with Legal Counsel - Anticipated Litigation - Exposure to Litigation (Government Code § 54956.9(b): Two matters: 1. Potential exposure to litigation on two matters 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 Real Property Negotiator (Government Code § 54956.8): 1. Property: 608 East Balboa Blvd. and 209 Washington Street; City Negotiator: Sharon Wood; Negotiating Parties: City and Leven Gugasian, Property Owner; Under negotiation: Instruct negotiators on terms, price and conditions. III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING 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 V. ROLL CALL VI. VII. VIII. IY_ ►".4 XII. CLOSED SESSION REPORT (if applicable) PLEDGE OF ALLEGIANCE - Reverend Karl Stuckenberg, Newport Center United Methodist Church PRESENTATIONS Disneyland Scholarship Award Presentation Invitational Regatta for the Hoag Cup 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. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 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 RESOL UTIONS 1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR MEETING OF MAY 12, 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. CONTRACTS AND AGREEMENTS 3. ON -CALL REPAIR SERVICES FOR OIL PRODUCTION WELLS - APPROVAL OF REPAIR SERVICES AGREEMENTS WITH HARBOR RESOURCES, INC. AND ALLENCO. Approve On -call Repair Services Agreements with Harbor Resources, Inc. and AllenCo for on -call repair services for City's oil production wells, and authorize the Mayor and City Clerk to execute the agreements. 4. JAMBOREE ROAD WIDENING OVER SR -73 - APPROVAL OF A CONSTRUCTION COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION. Approve a Cooperative Agreement between the City of Newport Beach and the California Department of Transportation (Caltrans) for the construction of the Jamboree Road Widening over State Route 73 (SR -73) project. 5. KINGS ROAD/KINGS PLACE PAVEMENT RECONSTRUCTION - AWARD OF CONTRACT (C- 4095). a) Approve the project plans and specifications; b) award the contract (C -4095) to The R.J. Nobel Company for the total bid price of $647,404.20, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $65,000 to cover the cost of unforeseen work; and d) approve a budget amendment (09BA -057) designating Kings Road/Kings Place Pavement Reconstruction (7251- C2002020) to receive $282,600 in County of Orange CAP funds which were previously designated for Dover/Westcliff Street Rehabilitation and designating Dover/Westcliff Street Rehabilitation (7181- C2002018) to receive $282,600 in Gas Tax funds previously designated for Kings Road/Mngs Place Pavement Reconstruction. 6. APPROVAL OF TEMPORARY EMPLOYMENT AGREEMENT WITH RON GARRETT FOR TRAFFIC TECHNICIAN SERVICES. a) Approve a Temporary Employment Agreement with Ron Garrett of Laguna Hills, California, for traffic technician services at a not to exceed price of $30,000 and authorize the Mayor and City Clerk to execute the Agreement; and b) approve a budget amendment (09BA -55) transferring $15,000 from savings in the Engineering Services Division Part Time Salaries Account (5100 -7020) to Transportation and Development Services Division Services Salaries Part Time Temporary Account (5200- 7030). SURVEY ON -CALL SERVICES - APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH COAST SURVEYING, INC. AND PROFESSIONAL SERVICES AGREEMENT WITH GEOMATICS TRANSPORTATION SERVICES, INC. a) Approve Amendment No. 2 to Professional Services Agreement with Coast Surveying, Inc., for on -call surveying and mapping services and authorize the Mayor and City Clerk to execute Amendment No. 2.; and b) approve Professional Services Agreement with Geomatics Transportation, Inc. for on -call surveying and mapping services and authorize the Mayor and City Clerk to execute the Professional Services Agreement. C. MISCELLANEOUS 8. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING FISCAL YEAR JULY 1, 2009 TO JUNE 30, 2010. Authorize the City Clerk to publish a notice advertising for bids to be received on or before the hour of 4:00 p.m., on Friday, June 12, 2009, for a one -year contract covering the publishing and printing of legal notices, or other material required to be published and circulated in the City of Newport Beach. 9. 2009 -10 PROPOSED BUDGET HEARING; 2009 -10 APPROPRIATION LIMIT HEARING. a) Schedule a public hearing of the City's Proposed Budget and Appropriation Limit for the 2009 -10 fiscal year on June 9, 2009 at 7:00 p.m.; and b) direct the City Clerk to publish a notice of said hearing. 10. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES ASSOCIATED WITH THE CONEXANT AND KOLL COMPANY. Receive and file notice of permit application. 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 11. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE - JD DEMOLITION AND GRADING, INC. Action: a) Conduct public hearing; and b) adopt Ordinance No. 2009 -11 granting a Non - exclusive Solid Waste Franchise to JD Demolition and Grading, Inc. 12. PROPOSED AMENDMENT TO THE CITY'S ONE -YEAR PLAN FOR FISCAL YEAR 2008 -2009 TO PERMIT RECEIPT OF SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT - RECOVERY (CDBG -R) FUNDS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA). Action: a) Conduct public hearing; b) approve the substantial amendment to the 2008 -2009 CDBG Action Plan; c) authorize the City Manager or his designee to execute the substantial amendment to the FY 2008- 2009 CDBG Program Grant Agreement and all related documents (SF -424 form and CDBG -R certifications) on behalf of the City; and d) adopt Resolution No. 2009 authorizing the City Manager to submit the SF -424 application for CDBG -R funds and substantial amendment to the One -Year Action Plan to HUD. 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 13. PLANNING COMMISSION AGENDA FOR MAY 21, 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 14. CITY HALL AND PARK MASTER PLAN PROJECT - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH CW DRIVER FOR PROGRAM MANAGEMENT SERVICES - SCHEMATIC DESIGN AND DESIGN DEVELOPMENT; AND AMENDMENT NOS. 1 AND 2 TO PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR GEOTECHNICAL SERVICES. Action: a) Approve Amendment No. 1 to the Professional Services Agreement (PSA) with CW Driver of Irvine, for Schematic Design and Design Development Phases of City Hall and Park program management services at a not to exceed price of $647,018, and authorize the Mayor and City Clerk to execute the agreement; b) approve Amendment No. 1 to the PSA with Leighton Consulting, Inc. of Irvine to provide supplemental geotechnical exploration and consulting services at a not to exceed price of $18,555, and authorize the Mayor and City Clerk to execute the agreement; c) approve Amendment No. 2 to the PSA with Leighton Consulting, Inc. of Irvine, to prepare a design - level geotechnical report at a not to exceed price of $33,574, and authorize the Mayor and City Clerk to execute the agreement; and d) approve a budget amendment (09BA -054) authorizing $954,000 in additional funding for the Schematic Design and Design Development Phases of City Hall and Park for program management, environmental services, and geotechnical services from unappropriated Major Facilities Master Plan fund to the City Hall and Park Account No. 7410- C1002009. XDC CURRENT BUSINESS 15. CHANGE TO NBMC 11.08.010 - OBSTRUCTION ON PUBLIC BEACHES PROHIBITED. Action: Introduce Ordinance No. 2009 -_ amending Section 11.08.010 of Title 11 of the Newport Beach Municipal Code pertaining to recreational activities, and pass to second reading on June 9, 2009. 16. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SEVEN OF THE CITY COUNCIL'S 2009 PRIORITIES. Action: Review and comment, as desired. 17. CITY COUNCIL CONSIDERATION OF A REVISED CITY MANAGER JOB DESCRIPTION. Action: Review proposed job description and make any modification necessary. Approve a job description to be utilized during the recruitment process for a new City Manager. 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. XXL ADJOURNMENT