HomeMy WebLinkAbout04/28/2009 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
April 28, 2009 — 7:00 p.m.
I. A131234 ET_H.ICS TRAINING - 2:00 p.m
II. STUDY SESSION - 4:00 p.m.
III. CLOSED SESSION -5:20 p.m
A. Conference with Legal Counsel - Existing Litigation (Government Code
§-54956.9(a))
1. Harvey o. City of Newport Beach, Orange County Superior Court Case No.
07CC5400.
B. Conference with Legal Goun..sel =Anticipated Litigation - Exposure To Litigation
(Government Code- b4956,9(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 Evaluationernment Code § 54N7(b )(11):
Title: City Manager
IV. RECESS
V. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich,
Council Member Webb, Council Member Gardner
Excused: Council Member Daigle
VII. CLOSED SESSION REPORT - None
VIII. PLEDGE OF ALLEGIANCE - Council Member Henn
IX. INVOCATION - Father J. Ven Ilan, Hoag Memorial Hospital Presbyterian
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
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UTILITY DISTRICT. (891100 -20091
Assessment Engineer Joan Cox, Harrison & Associates, utilized a PowerPoint presentation
to discuss City funded improvements, changes to the Engineer's Report, the costs
associated with the district, assessment methodology, estimated assessment ranges, the
cost of other districts, the balloting procedure, the schedule of events if approved, private
service conversions, how non - payments are placed on the tax bill, and the next steps.
In response to Mayor Pro Tem Curry's question, Assessment Engineer Cox stated that
upon non payment of the assessments, properties can be foreclosed. Mayor Selich noted
that a vote was not cast by the City for its property located on Balboa Island.
Jim Maloney stated that he is in favor of the assessment district and suggested that staff
spend more time supervising the contractors.
Brian Ouzounian expressed concern about the cost, safety issues, water problems,
and undergrounding of electrical material.
Ben Schmid expressed concern about the existing gas and water lines.
Robert Borland believed that there is no need to have public utilities underground, the
issue betrays public trust, plastic pipes will not last 25 years, and the district is too costly.
Hearing no further testimony and receiving no written protests and ballots, Mayor
Selich closed the public hearing.
Mayor Selich recessed the item at 7:31 p.m. in order to tabulate the ballots.
04
1951 Police Car Presentation - Lloyd Ikert stated that the car will be used for recruiting,
community events and youth programs. He indicated that he raised $4,000 of the $12,500 needed
and requested more donations.
Recognition of Beckstrand Cancer Foundation's 35th Anniversary - Mayor Selich
presented the proclamation to Executive Director Lil Spitzer.
Proclamation to Recognize Municipal Clerks Week - May 8 through May 9, 2009 - Mayor
Selich presented the proclamation to City Clerk Brown who thanked Council for their support.
Proclamation' Supporting the 2010 Census -Mayor Selich presented the proclamation to
Partnership Specialist, Gilberto Flores. Mr. Flores thanked Council and Public Information
Manager Finnigan for their support and partnership.
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGEUELA . FOR DISCUSSION ACTION OR
REPORT (NON- DISCUSSION ITEM)•
Mayor Selich reported that the City was awarded $17.3 million from the Federal Stimulus
Program to complete the Upper Newport Bay dredging project and expressed appreciation
to Assistant City Manager Kiff for his work in the matter. Council Member Webb also commended
Council Member Daigle for her role in helping obtain the funds.
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Council Member Gardner asked staff to bring back a proposed resolution supporting the
Equestrian Center at the Orange County Fairgrounds; urged residents to be aware of the Orange
County Marathon parking issues this coming Sunday; and noted that she and Assistant City
Manager Kiff rode in a hydrogen fuel vehicle and there is a proposal to install a fueling station at
Jamboree Road and San Joaquin Hills Road.
Council Member Henn thanked staff for installing the flashing crosswalk at Newport Boulevard
and 23rd Street, and noted that it is a terrific improvement to that area. He announced that the
2009 Invitational Regatta for the Hoag Cup is June 12 -14.
Mayor Pro Tem Curry asked the City Attorney to bring before Council a draft ordinance that will
raise candidate contributions to $1,000 per person. He also stated that there is a loophole in the
Charter that allows an incumbent Council Member to circumvent the term limit measure by
resigning on the eve of an election and then run again. He asked that the City Attorney return to
Council with specific language to plug this loophole.
XIII. CONSENT CALENDAR.
A. READING OF MINUTES/ORDIIVAI MES AND RESOLUTIONS
1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR
MEETING OF APRIL 14, 2009. [100 -20091 Waive reading of subject minutes,
approve, as amended, 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. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE
TO JD DEMOLITION AND GRADING, INC. 1421100 -20091 a) Adopt
Resolution of Intention No. 2009 -19 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 -11 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 (C- 4196). [381100 -20091 Adopt
Resolution No. 2009 -20 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. [381100 -20091 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
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Bond one year after Council acceptance
6. MACARTHUR BOULEVARD MEDIAN TREES (C4054) - COMPLETION
AND ACCEPTANCE. [381100 -20091 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.
FLASHING CROSSWALK AT NEWPORT BOULEVARD AND 23RD
STREET (C -3969) - COMPLETION AND ACCEPTANCE. [381100 -20091 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 (C- 4192). [38/100 -20091 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 (C-3593).[38/100-
20091 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- C5100709.
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. (C -3938 and C- 3673). 1381100 -20091 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
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PUMP STATIONS (C4193).1381100-20091 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 (C-
4136). [381100 -20091 a) Approve Amendment No. I 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. [100 -20091 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. [100 -20091 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.
Motion by Mayor Pro Tern Curry to approve the Consent Calendar.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich,
Council Member Webb, Council Member Gardner
Absent: Council Member Daigle
XIV. ITEMS REMOVED. FROM THE CONSENT CALENDAR - None
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Gardner reported that the Task Force on Green Development will be meeting on
Wednesday, April 30, at 8:30 a.m. in the Council Conference Room to finalize their proposal to
Council.
Council Member Henn reported that the reasonable accommodation hearing for the Kraemer
Center is scheduled for Wednesday, April 29, at 4:00 p.m. in the Council Chambers,
Balboa Recovery's reasonable accommodation hearing will be on Thursday, April 30, at 4:00 p.m.
in the Council Chambers, and Ocean Recovery's use permit hearing will be on Thursday, May 7.
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He also reported that the Economic Development Committee (EDC) met on April 15 and will
recommend to Council that a special event advisory committee be formed to better plan events for
the City and that an EDC subcommittee will be created to look into the possibility of having a
summer water taxi on the Bay. -
Mayor Pro Tem Curry reported that the Facilities Finance Plan will be brought to Council in the
next few weeks and noted that a presentation about the impact of the California drought on water
rates will be presented to Council during budget discussions.
XVI. PUBLIC HEARINGS - Continued
16. ADOPTION OF RESOLUTION NO. 2009 -21 FORMING THE NEWPORT BEACH
TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) AND SETTING
ASSESSMENT TO BE LEVIED. 1100 -20091
City Manager Bludau reported that the TBID consists of six hotels.
Motion_ by..CComwil Member Gardner to adopt Resolution No. 2009 -21 establishing the
Newport Beach Tourism Business Improvement District (TBID) and setting the
assessment to be levied.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner
Absent: Council Member Daigle
17. HOAG MEMORIAL HOSPITAL PRESBYTERIAN - DEVELOPMENT
AGREEMENT ANNUAL COMPLIANCE REVIEW (C-2912).[28/100/20091
Senior Planner Campbell reported that Hoag is in compliance with the new provisions
with some delays. He discussed the development agreement and noted that some of the
improvements are scheduled to be completed by the end of the year.
In response to Council questions, Senior Planner Campbell stated that staff recommended
that some improvements be set aside until the soundwall is built to see if it will address
some of the noise issues and, if the improvements are still necessary, the
improvements will be required at that time. He noted that any changes made to the
development agreement will require amendments and Council's approval. He indicated
that no plans have been developed at this time for the irrigation and landscaping
improvements at Sunset Ridge Park at this time and the noise level standards have not
changed. He also indicated that the mechanical exhaust fans will be moved, measured and
tested, and believed that all of the items will be done by the next review period.
Eric Thurnher thanked Council for holding the review and acknowledged that progress has
been made; however, he expressed concern about the excessive lighting in the parking
lots, noise from the cooling towers, and the landscaping needs near Sunset Ridge Park.
Council Member Rosansky indicated that he hoped that most all the items would have
been finished by the next review and expressed a need for a fence along Pacific Coast
Highway.
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Motion by Council Member_ Rosansky to accept staffs recommendation that Hoag
Memorial Hospital Presbyterian is in good faith compliance with the Development
Agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Mayor Pro Tem Curry, Council Member Webb, Mayor
Selich, Council Member Rosansky, Council Member Henn
Absent: Council Member Daigle
XVII. PUBLIC COMMENTS
Peggy Fort invited the community to attend the Orange County Marathon on Sunday, May 3,
at 7:30 a.m. and thanked Council and staff for their support relative to the new course. She stated
that residents can still sign up at the Camp Newport Expo this weekend. Council Member
Gardner thanked the organizers of the event for being responsive to parking issues.
XVIII. CONTINUED BUSINESS_.
18. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE
CITY COUNCIL'S 2009 PRIORITIES. [100 -20091
City Manager Bludau utilized a PowerPoint presentation which included information on
the schematic design phase and Environmental Impact Report (EIR) for the City Hall and
Park Site, the Traffic Management Plan, public parks and recreation facilities, eventual
land use for the Banning Ranch property, water quality improvement projects, and
developing strategies.
In response to Council Member Webb's questions, Mayor Selich stated that, as a part of
negotiating the Banning Ranch development agreement, he and Council Member
Rosansky are working with Banning Ranch and concept diagrams were submitted to staff
for review. Assistant City Manager Wood provided an update on the land use for the
Banning Ranch property, and added that the City and State Conservancy submitted
applications for Measure M funding for Banning Ranch and the City sent a letter
supporting the Conservancy's application.
In response to Council Member Rosansky's question, staff agreed that an EIR for Sunset
Ridge Park should not take a year to complete and they will meet with the consultants
and provide Council with a new date.
In response to Council Member Gardner's questions, Public Works Director Badum stated
that staff will be meeting with concerned residents to discuss issues relative to traffic
management and noted that the project is to improve safety.
XIX. CURRENT BUSINESS
19. APPROVAL OF TEN YEAR AGREEMENT WITH THE COUNTY OF ORANGE FOR
THE DISPOSAL OF MUNICIPAL SOLID WASTE (C-4194).[381100-20091
City Manager Bludau stated that the agreement is for the County to provide solid waste
disposal locations to the City.
In response to Council Member Henn's question, City Manager Bludau stated that he will
find out if there is a cap on the annual adjustment and will provide that information to
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him.
Motion by. Council Member Webb to 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.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner
Absent: Council Member Daigle
20. RATIFICATION OF POST- RETIREMENT EMPLOYMENT AGREEMENTS. [100-
20091
City Attorney Hunt reported that there was a request for an investigation by the Police
Management Association regarding post - retirement rehiring. The Office of the City
Attorney reviewed the City's personnel policies and concluded that rehiring former
employees without Council approval is a violation of Council Policy F -20 and, during the
analysis, staff identified that there were 13 contracts that were not approved by Council.
He recommended that Council ratify the agreements so they can continue employment for
this current budget term.
In response to Council Member Gardner's questions, Human Resources Director
Cassidy clarified that her staff monitors the hours worked by part-time employees during
a fiscal year and they also ensure that the employees hired have the expertise and meet
any Public Employment Retirement System (PERS) requirements.
Council Member Henn congratulated the Police Department for using part -time employees
and added that he would like to see more of the same with the Fire Department.
Motion by Mayor - Pro Tem Curry to ratify the post - retirement employment of the 13
employees listed on Exhibit A, pursuant to City Council Policy F -20.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner
Absent: Council Member Daigle
21. REVIEW OF THE CIVIL SERVICE SYSTEM AND OTHER GOVERNING
DOCUMENTS. [100 -20091
City Attorney Hunt recommended that the City retain an outside consultant to do a full
review Civil Service Board rules, the City Charter, Fire and Police Standard Operating
Procedures (SOPs), the Employee Manuals, and the Memorandum of Understandings
(MOUs) for Fire and Police employees. He indicated that it was determined that not all of
the requirements for the recruitment of the Police Chief were in compliance, even
though City Policy encourages internal promotional recruitments.
Motion by Council Member Webb to direct staff and an outside consultant 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
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conflict and to clarify the primary authority pertaining to employment of its civil service
employees.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner
Absent: Council Member Daigle
Mayor Selich recessed the meeting at 8:52 p.m and reconvened the meeting at
9:02 p.m. with all members of Council present.
XVI. PUBLIC HEARINGS - Continued
City Clerk Brown announced that, based on the tabulations received, 49.8% of the ballots
submitted were in favor of the Assessment District, for a total assessment of $8,655,711;
and 50.2% of the ballots were submitted in opposition, for a total assessment of $8,713,158.
City Attorney Hunt directed Council that they received a majority protest and there is currently no
provision that allows Council to overturn a majority protest. Therefore, Council cannot proceed
forward with the assessment district.
Assessment Engineer Cox noted that this is the closest balloting that she experienced and asked if
the decision can be postponed to validate the submissions. Bond Counsel Forbath stated that
Council can vote now or recount the ballots.
In response to Council questions, City Attorney Hunt stated that the ballots can be recounted and
requested that they be kept in secure custody by the City Clerk until to recount can occur. He
indicated that the recount must be in public to be consistent with the law and also stated that
there are no provisions in the law for recount procedures. He indicated that the public needs to be
afforded the greatest opportunity to make an appearance and Council has the ability to continue
the item to a certain date and time.
Following discussions, City Attorney Hunt stated that the item can be continued to the May 12
City Council meeting to allow a recount of the ballots.
Motion by Council Member Rosansky to continue the item to May 12 City Council meeting
to perform a recount of the ballots.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich,
Council Member Webb, Council Member Gardner
Absent: Council Member Daigle
XX MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - 9:12 p.m.
The agenda for the Regular Meeting was posted on April 22, 2009, at 4:20 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
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