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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, April 28, 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 April 28, 2009 I. AB1234 ETHICS TRAINING - 2:00 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 4 54956.9(a)): 1. Harvey v. City of Newport Beach, Orange County Superior Court Case No. 07CC5400 B. Conference with Legal Counsel - Anticipated Litigation - Exposure To Litigation (Government Code & 54956.9(b): One matter: 1. Potential exposure to litigation on one matter 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. Public Employee Performance Evaluation (Government Code 6 54957(b)(1)) Titles: City Manager IV. RECESS V. RECONVENE AT 7.00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. CLOSED SESSION REPORT (if applicable) VIII. PLEDGE OF ALLEGIANCE DL INVOCATION - Father J. Ven Ilano, Hoag Memorial Hospital Presbyterian TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS RECORDED. RED LIGHT WILL SIGNIFY WHEN SPEAKERS TIME LIMIT IS UP; YELLOW LIGHT MEANS SPEAKER HAS I 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 99 M 1951 Police Car Presentation. Recognition of Beckstrand Cancer Foundation's 351h Anniversary. Proclamation to Recognize Municipal Clerks Week - May 3 through May 9, 2009. Proclamation Supporting the 2010 Census. 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. XII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEM): XIII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 14) 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 1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR MEETING OF APRIL 14, 2009. Waive reading of subject minutes, approve as written and order fled. 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 INTROD UCTION 3. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO JD DEMOLITION AND GRADING, INC. a) Adopt Resolution of Intention No. 2009 -_ to conduct a public hearing on May 26, 2009, to consider the award of a Non - exclusive Solid Waste Franchise to JD Demolition and Grading, Inc.; and b) introduce Ordinance No. 2009 -_ granting a Non - exclusive Solid Waste Franchise to JD Demolition and Grading, Inc., and pass to second reading on May 26, 2009. C. RESOLUTION FOR ADOPTION 4. EXECUTION OF FISCAL YEAR 2008 HOMELAND SECURITY GRANT PROGRAMS TRANSFER AGREEMENTS. Adopt Resolution No. 2009- _ authorizing the Police Chief, the Fire Chief, and the City Manager to act as "Authorized Agents" to execute the necessary documents in conjunction with the Transfer Agreements. D. CONTRACTS AND AGREEMENTS 5. WATER WELL REHABILITATION DOLPHIN AND TAMURA SHALLOW WELLS (C -4053) — COMPLETION AND ACCEPTANCE. a) Accept the completed contract 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. 6. MACARTHUR BOULEVARD MEDIAN TREES (C -4054) — COMPLETION AND ACCEPTANCE. 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. 7. FLASHING CROSSWALK AT NEWPORT BOULEVARD AND 23 &0 STREET (C -3969) — COMPLETION AND ACCEPTANCE. a) Accept the completed contract 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. 8. APPROVAL OF MAINTENANCE AGREEMENT WITH DUKE'S ROOT CONTROL, INC. FOR ROOT FOAMING SERVICES OF 47,127 LF OF SEWER LINE. Approve a Maintenance Agreement with Duke's Root Control, Inc. for root foaming of 47,127 linear feet of sewer line at various locations throughout the City for a not -to- exceed price of $32,490.33, and authorize the City Manager and the City Clerk to execute the Agreement. 9. BIG CANYON CREEK RESTORATION PROJECT — APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. FOR SELENIUM MONITORING. a) Approve Amendment No. 2 to Professional Services Agreement with VA Consulting, Inc. for on -site selenium monitoring and upstream selenium source tracking for the Big Canyon Creek Restoration Project for a total fee of $81,761, and authorize the Mayor and City Clerk to execute the agreement; and b) approve a budget amendment (09BA -051) transferring $41,761 from 7014- C5100969 (Irrigation Smart Controller Program) to Account No. 7014- C5100709 (Big Canyon Creek Restoration); and recognizing $40,000 from a contribution from the County of Orange Nitrogen Selenium Management Program and appropriating $40,000 to Account No. 7251-05100709. 10. TRAFFIC ON -CALL SERVICES - APPROVAL OF AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENT WITH AUSTIN -FOUST ASSOCIATES, INC., TRAFFIC CONTROL ENGINEERING, INC., AND TRANSPORTATION STUDIES, INC. a) Approve Amendment No. 1 to the Professional Services Agreement with Austin -Foust Associates, Inc. for on- call traffic engineering services, and authorize the Mayor and City Clerk to execute the Amendment; b) approve Amendment No. 1 to the Professional Services Agreement with Traffic Control Engineering, Inc. for on -call traffic engineering services, and authorize the Mayor and City Clerk to execute the Amendment; and c) approve Amendment No. 1 to the Professional Services Agreement with Transportation Studies, Inc. for on -call traffic engineering services, and authorize the Mayor and City Clerk to execute the Amendment. 11. APPROVAL OF ON -CALL REPAIR SERVICES AGREEMENT WITH GENERAL PUMP COMPANY, INC. FOR REPAIR OF WATER WELLS AND PUMP STATIONS. Approve an On -Call Repair Services Agreement with General Pump Company, Inc. for on -call repair of water wells and pump stations, and authorize the Mayor and City Clerk to execute the Agreement. 12. CITY HALL AND PARK MASTER PLAN PROJECT - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR ARCHITECTURAL DESIGN SERVICES - SCHEMATIC DESIGN AND DESIGN DEVELOPMENT. a) Approve Amendment No. 1 to the Professional Services Agreement (PSA) with Bohlin Cywinski Jackson of San Francisco for Schematic Design and Design Development Phases of City Hall and Park architectural design services at a not to exceed price of $4,689,775, and authorize the Mayor and City Clerk to execute the Amended Agreement; and b) approve a budget amendment (09BA -050) authorizing $3,051,696 in additional funding for the Schematic Design and Design Development Phases of City Hall and Park architectural design services from unappropriated Major Facilities Master Plan Fund to the City Hall and Park Design Account No. 7410- C1002009. E. MISCELLANEOUS 13. APPOINTMENT BY MAYOR OF AD HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO OCCUR ON JUNE 30, 2009. Confirm the Mayor's appointment of Council Member Nancy Gardner, Council Member Don Webb, and Council Member Michael Henn to serve on the Ad Hoc Appointments Committee to review applications and make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 2009. 14. UPGRADE OF PARKING CONTROL CITATION HANDHELD EQUIPMENT. Approve a budget amendment (09BA -049) in the amount of $40,618 to Account No. 7024- C8001000 (Parking Meter Replacement) offsetting the revenue from Account No. 1820 -5212 (Parking and PD Admin Fines) for the upgrade of Parking Control Citation Handheld Equipment. 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. PUBLIC HEARINGS 15. PROPOSED ASSESSMENT DISTRICT NO. 87 ( BALBOA ISLAND) — AN AREA GENERALLY BOUNDED BY BAY FRONT NORTH AND SOUTH, AND BALBOA ISLAND WEST OF COLLINS ISLE AND EAST OF GRAND CANAL — FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITY DISTRICT. [7.•01 p.m. time certain] Action: a) Open public hearing on the formation of Assessment District No. 87; b) hear testimony from those who desire to speak; c) close the public hearing; d) count ballots; and e) if greater than or equal to 50% of weighted "Yes" votes versus "No" votes are submitted, then a majority protest by ballot procedure does not exist and the District may be formed. If it is desired to form the District, take the following actions: 1) adopt Resolution No. 2009 -_ making determinations, confirming assessments and proceedings and designating the Superintendent of Streets to collect and receive assessments and to establish a special fund for Underground Utility District No. 87 (Balboa Island) assessment for Assessment District No. 87, ordering the acquisition of improvements, and designating the area an Underground Utilities District; 2) approve a budget amendment (09BA -048) in anticipation of the formation and approval of Assessment District No. 87. The proposed Budget Amendment of $20,433,500 will provide $19,207,500 for the design, construction, financing and incidental contingencies, $1,226,000 to establish a bond reserve. The Budget Amendment will increase revenue estimates by $19,207,500 and increase expenditure appropriations by $18,753,250. The difference of $454,250 will be utilized to reimburse the City for past assessment engineering and design expenditures related to this district. This Budget Amendment includes $104,058.97 for the related assessments on City -owned properties located at 124 Marine Avenue, 107 Agate Avenue and the Balboa Island Ferry property; 3) adopt Resolution No. 2009 -_ approving utility improvement contracts for utility improvements for Assessment District No. 87 (Balboa Island); 4) approve the Bond Counsel Agreement with Stradling, Yocca, Carlson & Rauth, and authorize the Mayor and City Clerk to execute the Agreement; OR f) if desired, abandon the proceedings. 16. ADOPTION OF RESOLUTION NO. 2009 - FORMING THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) AND SETTING ASSESSMENT TO BE LEVIED. Action: a) Conduct public hearing; and b) adopt Resolution No. 2009 establishing the Newport Beach Tourism Business Improvement District (TBID) and setting the assessment to be levied. 17. HOAG MEMORIAL HOSPITAL PRESBYTERIAN - DEVELOPMENT AGREEMENT ANNUAL COMPLIANCE REVIEW. Action: a) Conduct public hearing; and b) determine that Hoag Memorial Hospital Presbyterian is in good faith compliance with. the Development Agreement. XVII. PUBLIC COMMENTS Public Comments are invited on non - agenda items generally considered to be within the subject matter jurisdiction of lice Council. Speakers must limit comments to three minutes. Before speaking, please state your name for the record. XVIII. CONTINUED BUSINESS 18. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE CITY COUNCIL'S 2009 PRIORITIES. Action: Review and comment, as desired. XIX. CURRENT BUSINESS 19. APPROVAL OF TEN YEAR AGREEMENT WITH THE COUNTY OF ORANGE FOR THE DISPOSAL OF MUNICIPAL SOLID WASTE. Action: Approve the ten year agreement with the County of Orange (July 1, 2010 through June 30, 2020) for the delivery of all controllable municipal solid wastes from the City to the County landfill disposal system, thereby ensuring a long-term, reliable and cost competitive disposal source for the City's municipal solid waste. 20. RATIFICATIONOF POST - RETIREMENT EMPLOYMENT AGREEMENTS. Action: Ratify the post- retirement employment of the 13 employees listed on Exhibit A, pursuant to City Council Policy F -20. 21. REVIEW OF THE CIVIL SERVICE SYSTEM AND OTHER GOVERNING DOCUMENTS. Action: The Human Resources Director and the City Attorney requests City Council authorization to conduct an independent review of the governing documents of the City's Civil Service System and other sources in order to determine areas needing clarification, revision and elimination of conflict and to clarify the primary authority pertaining to employment of its civil service employees. 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