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HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, July 28, 2009 Regular Council Meeting - 7:00 p.m. EDWARD D. SELICH Mayor KEITH D. CURRY DON WEBB Mayor Pro Tern 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 July 28, 2009 I. STUDY SESSION - 3:00 p.m. II. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. 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 three public employees. • Titles: City Manager, City Attorney 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 -Rabbi Marc Rubenstein, Temple Isaiah IX PRESENTATIONS Proclamation Honoring Duane Hastings, Founder of the Newport Beach Bat Rays Boys Travel Baseball Team Presentation of Check by the Friends of The Newport Beach Library California Department of Forestry Tree City USA Presentation 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 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 XII. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (I - 15) 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 front 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 JULY 14, 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, AMENDMENT TO CHAPTER 1.12.020 OF THE MUNICIPAL CODE REGARDING ISSUANCE OF CITATIONS. Introduce Ordinance No. 2009 -_ which gives the power to issue citations to the Code and Water Quality Enforcement Manager and any staff he /she designates, and pass to second reading on August 11, 2009. C. ORDINANCE FOR ADOPTION 4. AERIE (PA 2005 -196) - 201 -205 & 207 CARNATION AVENUE AND 101 BAYSIDE PLACE: CODE AMENDMENT NO. CA2005 -009. Adopt Ordinance No. 2009 -15 amending Zoning Districting Map thereby approving Code Amendment No. 2005 -009. D. RESOLUTION FOR ADOPTION 5. RESOLUTION APPROVING AMENDED JOINT POWERS AGREEMENT, INCLUDING BYLAWS, FOR THE ORANGE COUNTY COUNCIL OF GOVERNMENTS ( OCCOG), WHICH DEFINES BOARD MEMBERSHIP, VOTING PROVISIONS, DUES AND OTHER OCCOG OPERATIONAL ISSUES. a) Adopt Resolution No. 2009 -_ approving an amended and restated Orange County Council of Governments ( OCCOG) Joint Powers Agreement; and b) authorize the Mayor and City Clerk to execute the amended and restated Joint Powers Agreement, and transmit the signed OCCOG Joint Powers Agreement to the OCCOG Interim Executive Director. E. CONTRACTS AND AGREEMENTS 6. BALBOA ISLAND BULKHEAD AND SEAWALL REPAIRS (C -3962) - COMPLETION AND ACCEPTANCE. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; 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. FISCAL YEAR 2008 -2009 TRAFFIC SIGNAL REHABILITATION (C -4102) - COMPLETION AND ACCEPTANCE. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; 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. COASTAL ACCESS AND PEDESTRIAN CIRCULATION IMPROVEMENTS (C -3628) - AWARD OF CONTRACT. a) Approve the project plans and specifications; b) award the contract (C -3628) to Golden State Constructors, Inc., for the total bid price of $1,006,579.92, and authorize the Mayor and City Clerk to execute the Contract; c) establish an amount of $100,657.00 to cover the cost of unforeseen work; and d) approve a budget amendment (10BA -005) appropriating $50,000 from the unappropriated Ocean Front Encroachment fund to Account No. 7028- C3002004 (River Avenue Pedestrian Access Improvements). 9. ENGINEERING ON -CALL SERVICES - APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CIVIL WORKS ENGINEERS, INC.; PROFESSIONAL SERVICES AGREEMENT WITH SO CAL WALDEN, INC. DBA WALDEN & ASSOCIATES; AND PROFESSIONAL SERVICES AGREEMENT WITH C &C ENGINEERING, INC. DBA CNC. a) Approve Amendment No. 1 to Professional Services Agreement with Civil Works Engineers, Inc. for on -call engineering services, and authorize the Mayor and City Clerk to execute Amendment No. 1; b) approve Professional Services Agreement with So Cal Walden, Inc. dba Walden & Associates ("Walden & Associates ") for on- call engineering and surveying services, and authorize the Mayor and City Clerk to execute the Professional Services Agreement; and c) approve Professional Services Agreement with C &C Engineering, Inc. dba CNC ("CNC') for on -call engineering services, and authorize the Mayor and City Clerk to execute the Professional Services Agreement. 10. PROFESSIONAL SERVICES AGREEMENT WITH SOUTHLAND LANDSCAPE MAINTENANCE FOR WEED ABATEMENT. Approve the agreement with Southland Landcare Maintenance for weed abatement services at various City -owned properties, and authorize the Mayor and City Clerk to execute the Agreement. F. MISCELLANEOUS 11. ADOPTION OF COUNCIL POLICY D -5 - CITY WEBSITES REGARDING THE MANAGEMENT OF THE CITY S WEBSITE. Review and adopt Council Policy D -5 - City Websites. 12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO THE LIBRARY'S MAINTENANCE AND OPERATIONS BUDGET ACCOUNTS FOR FY 2009 -10. Approve a budget amendment (10BA -006) to increase revenue estimates by $205,700 in Account No. 4091 -5892 (Friends of the Library Donations), and increase expenditure estimates by the same amount in Division 4091. 13. REQUEST FROM NEWPORT BEACH CHAMBER OF COMMERCE FOR CITY COUNCIL APPROVAL TO WAIVE THE SPECIAL EVENT PERMIT FEE AND THE REIMBURSEMENT FEES ASSOCIATED WITH CITY EMPLOYEES WORKING THE TASTE OF NEWPORT EVENT ON SEPTEMBER 18 -20, 2009. Waive the fees as requested. 14. REQUEST TO UPGRADE TEMPORARY PART -TIME DEPUTY CITY ATTORNEY TO REGULAR PART -TIME DEPUTY CITY ATTORNEY AND ADD REGULAR PART -TIME OFFICE ASSISTANT TO THE OFFICE OF THE CITY ATTORNEY. Augment the staffing in the Office of the City Attorney by authorizing the upgrade of the temporary part -time contract attorney position to a regular part -time Deputy City Attorney position and add a part -time Office Assistant to the Office of the City Attorney in order to meet the needs of the City for legal services. There will be no fiscal impact since these changes can be accomplished by using funds that will be saved in the City Attorney's budget for outside counsel expense for code enforcement matters. 15. ADOPTION OF SEWER SYSTEM MANAGEMENT PLAN (SSMP). Adopt the City's Sewer System Management Plan as required by the State Water Resources Control Board (SWRCB). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIIL ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XV. PUBLIC HEARINGS 16. PROPOSED ASSESSMENT DISTRICT NO. 103 - AREA GENERALLY BOUNDED BY G STREET, E. BALBOA BOULEVARD, CHANNEL ROAD, AND OCEAN BOULEVARD - FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITY DISTRICT. [7:15 p.m. time certain] Action: a) Open public hearing on the formation of Assessment District No. 103; 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 -_ overruling protests, approving final engineer's report, levying assessments without modification, approving and ordering the work and improvements for the utility underground project, and authorizing and directing related actions with respect to Assessment District No. 103; 2) adopt Resolution No. 2009 approving contracts with certain utility companies for utility improvements for Assessment District No. 103; and 3) approve a budget amendment (10BA -004) in anticipation of the formation and approval of Assessment District No. 103. The proposed Budget Amendment of $6,220,752 will provide $5,847,356 for the design, construction, financing and incidental contingencies, $373,396 to establish a bond reserve. The Budget Amendment will increase revenue estimates by $5,847,356 and increase expenditure appropriations by $5,545,556. The difference of $301,800 will be utilized to reimburse the City for past assessment engineering and design expenditures related to this district; OR e) if desired, abandon the proceedings. Gl 17. ADOPTION OF ORDINANCE NO. 2009 -13 TO PROVIDE THE PUBLIC WORKS DIRECTOR THE AUTHORITY TO ADOPT NEW EDITIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. Action: a) Conduct public hearing; and b) adopt Ordinance No. 2009 -13 to add Chapter 75 of Title 15 of the Newport Beach Municipal Code to adopt the Standard Specifications for Public Works Construction. 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. CURRENT BUSINESS 18. PROPOSITION 218 RATESETTING PROCEDURES. Action: Adopt Resolution No. 2009 -_ establishing procedures for the submission and tabulation of protests in connection with water and wastewater ratesetting proceedings pursuant to Article XIIID of the California Constitution. 19. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SEVEN OF THE CITY COUNCIL'S 2009 PRIORITIES. Action: Review and comment, as desired. 20. ADOPTION OF ASSESSMENT DISTRICT BALLOTING GUIDELINES FOR PROPOSED NEW OR INCREASED SPECIAL ASSESSMENTS. Action: Adopt the Assessment District Balloting Guidelines for use on any future assessment district balloting proceedings. 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 b9