HomeMy WebLinkAbout09/09/2008 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
September 9, 2008 — 7:00 p.m.
I. STUDY SESSION - 3:30 p.m.
II. CLOSED SESSION - 5:30 p.m.
III. RECESS
IV, RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
VI. CLOSED SESSION REPORT - None
VII. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Daigle
VIII. INVOCATION.- Reverend Peter D. Haynes, Saint Michaels and All Angels Episcopal
Church
Df. PRESENTATIONS
Lifesaving Awards Presentation. Fire Chief Lewis and Police Chief Klein introduced Jason
Call, Jon Call, Annie Roberts, Kira Farris and Jason Dufresne, and stated that they saved a life
during a pool party. Mayor Selich presented them with a proclamation.
Newport Dunes Waterfront Resort 50th Anniversary Proclamation. Mayor Selich
presented a proclamation to the owners and operators of Newport Dunes Waterfront Resort,
Terra Vista Management and Goldrich T. Kest Industries LLC., for serving the community and
supporting local tourism efforts. Andrew Theodorou accepted the proclamation and
introduced and thanked the management staff.
The State of the Arts in Newport Beach Annual Report and Cultural Arts Grants
Presentations. Kirwan Rockefeller, Vice Chair of the Arts Commission, presented the Arts
Commission annual report for fiscal year 2007 -08 and provided handouts. He presented checks
from the Cultural Arts Grant Program to the Baroque Musical Festival, Festival Ballet Theatre,
Newport Beach Film Festival, Newport Harbor Nautical Museum, Orange County's Pacific
Symphony, Philharmonic Society of Orange County, South Coast Repertory, Southland Opera,
and STOP -GAP.
X NOTICE TO THE - PUBLIC
XI. CITY . COUNCIL ANNOUNCEMENTS _OR_. MATTERS WHICH _COUNCIL MEMBERS
WOULD_ LIKE PLACED ON A FUTURE FOR DISCUSSION ACTION OR
REPORT (NON- DISCUSSION ITEM,:
Council Member Gardner requested that staff look at City -wide standards for boards and
Volume 58 - Page 569
City of Newport Beach
City Council Minutes
September 9, 2008
commissions. She also requested that the City find ways to let residents know about street
closures.
Council Member Curry requested that staff provide a report at the next meeting relative to
Proposition 5. He also announced that AirFare will be discussing the Anaheim Regional
Transportation Center and the highspeed rail alternatives at 11:00 a.m. on Friday, September
12, at the Santa Ana Heights Fire Station.
Council Member Henn reported that there is a considerable amount of money that will be used
for a major water main project, street paving, and other rehabilitation projects that will benefit
residents of the Peninsula, Lido Isle, and parts of West Newport in a few years.
Council Member Rosansky announced that he attended the celebration of the new school at Our
Lady Queen of Angels Catholic Church,
Mayor Pro Tem Daigle announced that she attended the Pacific Triathlon on Sunday, September
7. She also asked residents to volunteer at the annual Coastal Beach Clean -Up Day at 8:00 a.m.
on Saturday, September 20, at the Muth Center.
Mayor Selich announced that he attended the Literacy Day luncheon at the Central Library
and he also attended the Corona del Mar Classic Car Show where he presented the Mayor's
trophy. He announced that Speak Up Newport will have a candidate forum on Wednesday,
September 10, at 5:00 p.m., at the Newport Beach Yacht Club. He invited residents and
Council to attend the City Hall Design Committee meeting on Saturday, September 27, in the
City Hall Council Chambers.
XII. CONSENT CALENDAR
A. READING-OF . MINUTES/ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE REGULAR MEETING OF AUGUST 12, 2008 AND THE
ADJOURNED REGULAR MEETING OF AUGUST 15, 2008. 1100 -20081
Waive reading of subject minutes, approve as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. (100 -20081 Waive
reading in full of all ordinances and resolutions under consideration, and direct
City Clerk to read by title only.
B. RESOL UTIONS FOR ADOPTION
4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION
FRANCHISE TO GB SERVICES, INC. 142- 100 -20081 a) Adopt Resolution of
Intention No. 2008 -77 setting the public hearing for October 14, 2008 to consider
the award of a Non - exclusive Solid Waste Franchise to GB Services, Inc.; and b)
introduce Ordinance No. 2008 -16 granting a Non - exclusive Solid Waste
Franchise to GB Services, Inc. and pass to second reading on October 14, 2008.
5. A RESOLUTION TO IMPLEMENT THE REPORTING OF PRE -TAX
PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES TO
THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM (PERS). (100 -20081 Adopt
Resolution No. 2008 -78 to allow employees to make Public Employees'
Retirement System (PERS) service credit purchases on a pre -tax basis.
Volume 58 - Page 570
City of Newport Beach
City Council Minutes
September 9, 2008
C. CONTRACTS AND AGREEMENTS
6. PROFESSIONAL SERVICE AGREEMENT WITH SUNSET PROPERTY
SERVICES FOR ALLEY SWEEPING SERVICES (C- 3658). 1381100 -20081
a) Approve the agreement with Sunset Property Services for alley sweeping
services on a twice - monthly basis; and b) approve a budget amendment (09BA-
008) in the amount of $9,724 from the General Fund Unappropriated Reserves,
to fund the increase in cost over the expiring contract for the remainder of the
fiscal year.
7. PROFESSIONAL SERVICE AGREEMENT WITH UNITED STORM
WATER, INC. FOR STORM DRAIN & V -DITCH CLEANING SERVICES
(C- 4069). [381100 -2008] a) Approve the agreement with United Storm Water,
Inc. for Storm Drain & V -ditch Cleaning services on a once - yearly basis; and b)
approve a budget amendment (09BA -009) in the amount of $17,334.70 from the
General Fund Unappropriated Reserves, to fund the increase in cost over the
expired contract.
8. AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT
(PSA) FOR PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL
IMPACT REPORT FOR THE HOAG HOSPITAL MASTER PLAN UPDATE
PROJECT (C- 3760). [381100 -20081 a) Approve an Amendment to the PSA with
BonTerra Consulting for additional work authorized for preparation of the Hoag
Hospital Master Plan Update Supplemental Environmental Impact Report for an
additional amount not to exceed $40,355.97; and b) authorize the City Manager
to sign the amendment to the agreement.
9. WATER WELL REHABILITATION - DOLPHIN AND TAMURA SHALLOW
WELLS - AWARD OF CONTRACT (C- 4053). [381100 -20081 a) Approve the
specifications; b) award the contract to General Pump Company for the total bid
price of $255,100 and authorize the Mayor and the City Clerk to execute the
contract; and c) establish an amount of $25,000 to cover the cost of unforeseen
work.
10. LITTLE CORONA RESTROOM REHABILITATION - AWARD OF
CONTRACT (C- 3913). [381100 -2008[ a) Approve the project plans and
specifications; b) award the contract to MJ Contractors, Inc. for the total bid
price of $250,000 and authorize the Mayor and the City Clerk to execute the
contract; c) establish $25,000 to cover construction contingency; and d) establish
$5,000 to cover construction services and other anticipated costs.
11. CITY GATEWAY SIGN PROJECT - COMPLETION AND ACCEPTANCE
OF CONTRACT (C- 3914). [381100 -20081 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 4) release the Faithful Performance Bond one (1) year after Council
acceptance.
12. PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 103
(PENINSULA POINT) - REQUEST FOR FUNDING AND APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH HARRIS &
ASSOCIATES (C- 4025). [381891100 -20081 a) Approve a budget amendment
(09BA -010) authorizing an additional advance from the General Fund in the
Volume 58 - Page 571
City of Newport Beach
City Council Minutes
September 9, 2008
amount of $35,163.20 to account number 74103 -9812 for Assessment District No.
103 assessment engineering and district formation services; and b) authorize the
Mayor to execute a Professional Services Agreement with Harris & Associates in
an amount not to exceed $63,935 for assessment engineering and district
formation services.
13. APPROVE THE COUNTYWIDE PUBLIC MASS NOTIFICATION SYSTEM
"ALERTOC" MEMORANDUM OF UNDERSTANDING (MOU) (C- 4097).
[381100 -2008] Approve the Countywide Public Mass Notification System MOU,
provided by the County of Orange, at no cost to the City.
15. PROFESSIONAL SERVICES AGREEMENT WITH POUK & STEINLE,
INC. FOR ON -CALL ELECTRICAL SERVICES (C- 4052). [381100 -2008]
Approve Professional Services Agreement with Pouk & Steinle, Inc. for on -call
electrical services for utility services and authorize the Mayor and the City Clerk
to execute the agreement.
D. MISCELLANEOUS
16. CENTRAL BALBOA AND PENINSULA POINT WATER IMPROVEMENT
PROJECT - APPROVAL OF BUDGET AMENDMENT. [100 -2008] Approve
a budget amendment (09BA -007) transferring $60,000 from the unused balance
of the Water Well Rehabilitation CIP Account No. 7503- C6001002 to a new CIP
Account No. 7501- C6002004 to provide necessary funds for engineering services
for the Central Balboa and Peninsula Point Water Main Improvement Project.
17. RELEASE OF SURETY FOR CORPORATE PLAZA WEST
(R.ESUBDIVISION NO. 1006) - 1800 EAST COAST HIGHWAY. [100 -2008]
a) Accept the on -site roadway improvements constructed as conditioned by the
Modification Permit issued on August 16, 1994, for Resubdivision 1006; b)
authorize the City Clerk to release Faithful Subdivision Performance Bond No.
24 -15.11 in the amount of $62,000 for the on -site and off -site improvements
constructed as required by Subdivision Agreement for Corporate Plaza West,
Resubdivision No. 1006; and c) authorize the City Clerk to release Faithful
Subdivision Performance Bond No. 24 -15 -12 in the amount of $16,000 for the on-
site and off -site improvements constructed as required by Subdivision Agreement
for Corporate Plaza West, Resubdivision No. 1006.
18. AUTHORIZATION TO PURCHASE OFFICE FURNITURE. [100 -2008] a)
Approve an expenditure of $40,437.86 to purchase replacement office furniture
for the Police Department's Administrative Offices; and b) authorize the single -
source purchase from Corporate Business Interiors, the Police Department's
current provider of office furniture.
19. RECLASSIFICATION OF ONE DEPUTY CITY CLERK POSITION TO
ASSISTANT CITY CLERK. [100-2008] Approve the reclassification of one
Deputy City Clerk (Deputy) position to Assistant City Clerk (Assistant) with the
salary range of $4,720 - $6,643, which is a 10% increase.
20. ACCEPTANCE OF MAINTENANCE OBLIGATION - PACIFIC RIDGE
TRAILHEAD. [100 -2008] a) Authorize the City Manager to accept, on the
City's behalf, the maintenance responsibility and any related easements to
maintain the new Pacific Ridge Trailhead in the Newport Coast; and b) direct the
City Manager to appropriately budget for the maintenance expense in the
Volume 58 - Page 572
City of Newport Beach
City Council Minutes
September 9, 2008
current or upcoming budget
21. TEMPORARY STREET CLOSURE - BACK BAY DRIVE. [100 -20081 Direct
the City Manager to close Back Bay Drive on Saturday, September 20, 2008
between 7:00 a.m. and 2:00 p.m. to cyclists and vehicular traffic (excepting
vehicles associated with Coastal Clean -up Day).
22. AERIE (PA 2005 -196) - 201 -205 & 207 CARNATION AVENUE & 101
BAYSIDE PLACE - MITIGATED NEGATIVE DECLARATION
(SCH #2008051082); GENERAL PLAN AMENDMENT NO. 2005 -006;
COASTAL LAND USE PLAN AMENDMENT NO. 2005 -002; CODE
AMENDMENT NO. 2005 -009; TRACT MAP NO. 2005 -004 (TT16882);
MODIFICATION PERMIT NO. 2005 -087; AND COASTAL RESIDENTIAL
DEVELOPMENT PERMIT NO 2005 -002 (contd. from 7/22/08). 1100 -20081
Remove this item from calendar.
In response to Council Member Gardner's question regarding Item 21, City Manager Bludau
stated that staff will look into having adequate security for the closure of Back Bay Drive.
Motion„ by. Mayor.,Prq.Tem..DAWk to approve the Consent Calendar, except for the items
removed (3 and 14).
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich,
Council Member Webb, Council Member Curry, Council Member Gardner
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
3. SALE OF BONDS FOR ASSESSMENT DISTRICT NO. 101 - AREA GENERALLY
BOUNDED BY BUENA VISTA BOULEVARD, BALBOA BOULEVARD, ADAMS
STREET, AND EDGEWATER AVENUE/ EDGEWATER PLACE. [891100 -20081
Finance Officer Matusiewicz reported that the residents voted 62% in favor of the
assessment district and 48% of the property owners made the prepaid contributions.
He asked Council to adopt the resolution for the sale of bonds to pay the unpaid amount
of approximately $2.4 million.
Motion.by. Council Member_Curry to adopt Resolution No. 2008 -76 authorizing a) the
sale of 1915 Act Assessment bonds not to exceed $2,481,399 for Assessment District No.
101; b) approve the execution and delivery of one or more Indentures in substantially the
form presented; c) approve the execution and delivery of one or more Official Statements
and Continuing Disclosure Agreement in substantially the form presented; d) approve
the execution and delivery of one or more Bond Purchase Contracts in substantially the
form presented; and e) direct staff to take the necessary steps to provide for the sale and
issuance of the bonds.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
14. PELICAN HILL ROAD NORTH AND NEWPORT COAST DRIVE SOUTHBOUND
RIGHT -TURN IMPROVEMENTS - AWARD OF CONTRACT (C- 3945). [381100-
20081
Volume 58 - Page 573
City of Newport Beach
City Council Minutes
September 9, 2008
Philip Bettencourt commended Council Members Curry and Gardner, Assistant City
Manager Kiff, Public Works Director Badum, and Jim McGee (Newport Coast Advisory
Committee) for their work in improving the intersection. Council Member Curry
commended the Homeowners Association for their help in moving the
improvements forward.
Motion ... by..Council, Member Curry to a) approve the project drawings and
specifications; b) award the contract to GMC Engineering, Inc. for the total bid price of
$318,293, and authorize the Mayor and the City Clerk to execute the contract; and c)
establish an amount of $32,000 (10 %) to cover the cost of unforeseen work.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
)UV. ORAL_REPORTS. FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Gardner reported that the Coastal/Bay Water Quality Committee reviewed the
Water Quality Master Plan and will bring the water quality issues to Council for review. She
also reported that while attending the Newport Bay Executive Committee meeting, she found
out that even if the City runs out of money for the Upper Bay dredging, the City will still be able
to reach the dredging depths required by the County Regional Board.
Mayor Pro Tem Daigle reported that the Media and Communications Committee will
be reviewing the television programming and the website proposals. She also reported that
Southern California Association of Governments (SCAG) is positioning itself to play a role in the
implementation of AB375, which achieves reduction in greenhouse gases. SCAG is also looking
at building more affordable houses to accommodate the growing population. She requested that
staff provide an analysis of AB375.
Mayor Selich reported that the General Plan Implementation Committee will receive the new
Zoning Code on Wednesday, September 10. It will go to the Planning Commission for approval
prior to going to Council. Assistant City Manager Wood stated that hard copies of the new
Zoning Code will be available at the library and on the Planning Department's webpage.
XV. PUBLIC.HEARING
23. FEE RESOLUTION AND MASTER FEE SCHEDULE (contd. from 8112108). 1100-
20081
Revenue Manager Everroad reported that corrections were made to the fees and are
listed in the staff report.
Motion -by.. Council Member Webb to adopt Resolution No. 2008 -79 establishing the
Master Fee Schedule.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Gardner
Noes: Council Member Curry
XVI. PUBLIC COMMENTS
Laura Curran expressed concern about the Police Department reporting incidents incorrectly and
Volume 58 - Page 574
City of Newport Beach
City Council Minutes
September 9, 2008
stated that the public deserves complete and accurate information.
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
24. PLANNING COMMISSION AGENDA FOR AUGUST 21,2008.[100-20081
Planning Department Director Lepo reported on the following items: General Plan
Amendment (PA2008.131); and Megonigal Residence (PA2007 -133) - 2333 Pacific Drive.
XVIII. CONTINUED BUSINESS
25. COUNCIL CONSIDERATION OF JURISDICTIONS TO UTILIZE FOR SERVICE
BENCHMARK COMPARISON PURPOSES. [100 -20081
Craig Rapp, ICMA, provided a PowerPoint presentation that included the overall project
objective, schedule and deliverables, and performance measurements. He displayed
examples of benchmarking, performance measure best practices, strategy and
alignments, benchmarking and measurements, selection criteria for benchmarking cities,
and the recommended benchmark cities.
Council Member Curry commended the consultants for their work on providing a list of
cities that Newport Beach will be compared to and noted that some of the cities are best -
in -class cities. Council Member Henn agreed that the City should be compared to the
very best cities to allow the opportunity for improvement.
In response to Council Member Gardner's question, Mr. Rapp stated that the City of
Long Beach is on the comparison list because it has a long history of having performance
measurement data.
Motion by. Council Member Curry to approve the final list of the cities which will be
utilized for service benchmark comparisons.
In response to Laura Curran's question, Council Member Curry stated that the
benchmark process will not include public transit or a non - vehicular access system.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
26. APPROVAL OF EMPLOYMENT AGREEMENT FOR CITY CLERK (C- 4100).
[381100 -20081
Council Member Henn reported that Council announced that they selected Leilani
Brown, current Deputy City Clerk, as the new City Clerk. He talked about the
employment contract and targeted future compensation.
Motion by Council Member Henn to approve the City Clerk Employment Agreement
with Leilani Brown, effective November 22, 2008.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle,
Mayor Selich, Council Member Curry, Council Member Gardner
Absent: Council Member Webb
Volume 58 - Page 575
City of Newport Beach
City Council Minutes
September 9, 2008
XIX. CURRENT BUSINESS
27. MAINTENANCE DREDGING IN LOWER NEWPORT BAY. (381100 -2008]
Assistant City Manager Kiff reported that Council discussed the dredging of the Bay in
detail during the Study Session. He summarized that the approval is for the conceptual
approach to dredge the Lower Bay that involves setting forth a series of accomplishments
that will lead to a testing protocol that will be implemented immediately. He noted that
the discussion from the Study Session, PowerPoint presentation, and other documents
are accessible on the City's webpage.
Mayor Pro Tem Daigle stated that keeping our dredging up to date is a part of the
General Plan and she thanked staff for their hard work and expertise.
Motion by Mayor Pro_Tem Dai le to a) approve the conceptual approach as outlined
in the Accomplishments Guide and Decision Tree; b) approve the proposal to develop a
Dredged Materials Management Plan (DMMP): c) authorize the Mayor to execute a
Professional Services Agreement with New Fields Consultants that is necessary to
implement the DMMP; and d) approve a budget amendment (09BA -011) taking $200,000
in unappropriated General Fund reserves and assigning these funds to Capital
Improvement Project #7014- C4402001 (Newport Harbor Dredging Project).
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
MC MOTION FOR RECONSIDERATIQN - None
XXI. ADJOURNMENT - Adjourned at 8:33 p.m in memory of Curtis Herberts and former
Mayor Jackie Heather.
The agenda for the Regular Meeting was posted on September 3, 2008, at 2:15 p.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
Mayor
City Clerk
4 � �
o- ume 58 - age 576