Loading...
HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, April 22, 2008 Regular Council Meeting - 7:00 p.m. EDWARD D. SELICH Mayor LESLIE J. DAIGLE DON WEBB Mayor Pro Tem MICHAEL F. HENN Council Member Council Member NANCY GARDNER Council Member STEVEN ROSANSKY KEITH D. CURRY Council Member Council Member HOMER BLUDAU - City Manager, ROBIN CLAUSON - City Attorney, LAVONNE HARKLESS - City Clerk, STEPHEN G. BADUM - Director of Public Works, SHARON Z. WOOD - Assistant City Manager. 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 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 LaVonne Harkless, 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 22, 2008 I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - [Refer to separate agenda from City Attorney] 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 DC PRESENTATIONS Presentation by the American Cancer Society of Visionary Award. Spirit Run Proclamation. 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 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 REPORT (NON- DISCUSSION ITEM): 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 NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 22) 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, 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 W C. to 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF APRIL 11, 2008. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND full of all ordinances and resolutions Clerk to read by title only. RESOLUTIONS FOR ADOPTION RESOLUTIONS. Waive reading in under consideration, and direct City 3. ESTABLISHMENT AND APPOINTMENT OF BANNING RANCH DEVELOPMENT AGREEMENT COMMITTEE. a) Adopt Resolution No. 2008 establishing the Banning Ranch Development Agreement Committee; and b) confirm the Mayor's appointment of Mayor Selich and Council Member Rosansky. 4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO UNIVERSAL BOBCAT & HAULING, INC. a) Adopt Resolution of Intention No. 2008 -_ setting the public hearing for May 13, 2008 to consider the award of a Non - exclusive Solid Waste Franchise to Universal Bobcat & Hauling, Inc.; and b) introduce Ordinance No. 2008 -_ granting a Non - Exclusive Solid Waste Franchise to Universal Bobcat & Hauling, Inc. and pass to second reading on May 13, 2008. ORDINANCE FOR INTRODUCTION 5. KENNELS IN WEST SANTA ANA HEIGHTS. Re- introduce Ordinance No. 2008 -_ amending Title 7 and Title 20 of the NBMC pertaining to the regulation of kennels, and pass to second reading on May 13, 2008. ORDINANCES FOR ADOPTION 6. HOAG MEMORIAL HOSPITAL PRESBYTERIAN MASTER PLAN UPDATE (PA2007 -073), ONE HOAG DRIVE - CERTIFICATION OF FINAL SUPPLEMENTAL ENVIRONMENT IMPACT REPORT; GENERAL PLAN AMENDMENT NO. 2007 -005; PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2007 -001; AND DEVELOPMENT AGREEMENT AMENDMENT NO. 2007 -001. a) Adopt Ordinance No. 2008 -_ approving Planned Community Development Plan Amendment No. 2007 -001; and b) adopt Ordinance No. 2008 -_ approving Development Agreement Amendment No. 2007 -001. E. CONTRACTS AND AGREEMENTS 7. AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN FOR THE DELIVERY OF NATURAL GAS. Approve Amendment No. 1 to agreement with Hoag Memorial Hospital Presbyterian for delivery of excess natural gas produced from the sixteen City -owned oil wells as a by- product of oil extraction activities, and authorize the Mayor and City Clerk to execute Amendment No. 1 to the agreement. 8. BUCK GULLY SEWER FORCE MAIN RELOCATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3803). 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 (1) year after Council acceptance. 9. MARINERS PARK IMPROVEMENTS - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3806). 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; d) release the Faithful Performance Bond one (1) year after Council acceptance; and e) approve a budget amendment (08BA -061) recognizing contributions in the amount of $12,500 from Newport Mesa Unified School District (NMUSD) and American Youth Soccer Organization (AYSO) per improvements to the school park site and appropriating $12,500 to Account No. 7251- C5100817. 10. 2007 -2008 CITYWIDE SLURRY SEAL PROGRAM - AWARD OF CONTRACT (C- 3960). a) Approve the project plans and specifications; b) award the contract (C -3960) to Roy Allan Slurry Seal, Inc. for the total bid price of $286,912 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $28,000 to cover the cost of unforeseen work. 11. PROFESSIONAL SERVICE AGREEMENT WITH MIKE PRLICH & SONS, INC. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS. Approve the agreement with Mike Prlich & Sons, Inc. for emergency underground utility repairs on an on -call basis. 12. WESTCLIFF AREA STREET LIGHT REPLACEMENT PROJECT CONTRACT (C -3868) - APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH JMD, INC. Approve Amendment No. 2 to the Professional Services Agreement with JMD, Inc. of the City of Industry for additional professional services at a not to exceed price of $7,840 and authorize the Mayor and the City Clerk to execute the Agreement. 13. WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT REPLACEMENT - AWARD OF CONTRACT (C4005). a) Approve the project plans and specifications; b) award the contract to R.E. Schultz, the lowest responsible bidder, for the total bid price of $77,974 and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $7,800 to cover the cost of unforeseen work; and d) approve a budget amendment (08BA -060) to transfer the amount of $14,000 from Account No. 7015- C3170816 - Cliff Drive Park Handrail Replacement to Account No. 7015- C4120931- West Newport Park Playground. 14, TRAFFIC SIGNAL UPGRADES FY05 /06 - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3827). 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 (1) year after Council acceptance. F. MISCELLANEOUS 15, POLICE FACILITY GENERATOR REPLACEMENT PROJECT. Approve a budget amendment (08BA -062) to transfer the total amount of $133,850 from Accounts 7019- CIO02000 ($40,400); 7019- CI820825 ($10,200); 7011- CI820919 ($45,600); 7019- C1820808 ($37,650) to current Police Facility Generator Account No. 7019- CI820918 to provide necessary funds to complete the Police Facility Generator Project. 16. PURCHASE OF NEW PARAMEDIC VANS FOR THE FIRE DEPARTMENT. Approve the sole source purchase of a new 2008 Ford E -450 Modulance from Wheeled Coach Industries for $120,254 plus tax from the FY2007 -08 budget; and authorize the City Manager to sign a non - binding letter of intent for the purchase of a second 2008 Ford E -450 Ambulance after July 1, 2008 for $120,254 plus tax, pending approval of the FY 2008 -09 equipment replacement budget. 17. 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, 2008. Confirm the Mayor's appointment of Mayor Pro Tem Daigle, Council Member Henn and Mayor Selich (Chair) 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, 2008. 18. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE CITY COUNCIL PRIORITIES FOR 2008. Receive and file. 19. APPOINTMENT OF KEVIN KELLY TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC). Confirm Council Member Rosansky's appointment of Kevin Kelly to EQAC. 20. REFORMATTED CIVIL SERVICE RULES. Approve updated and reformatted Civil Service Rules. 21. REAPPOINTMENTS TO THE MEDIA & COMMUNICATIONS COMMITTEE. Confirm the Mayor's reappointment of Donald Boortz and Daniel Wampole as citizens representatives to the committee for an additional two -year term. 22. APPOINTMENTS TO TASK FORCE ON GREEN DEVELOPMENT. a) Confirm the Mayor's appointments of Nancy Gardner from City Council; Michael Toerge, Brion Jeannette and Todd Schooler from the General Plan/LCP Implementation Committee; and Bruce Asper, Arlene Greer and Kevin Kelly from the Environmental Quality Affairs Committee; and b) confirm the Mayor's appointment of Council Member Gardner as Chair. 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 HEARING 23. HOAG MEMORIAL HOSPITAL PRESBYTERIAN SERIES 2008 HEALTH CARE FACILITY REVENUE BONDS. Action: a) Conduct public hearing; and b) adopt Resolution No. 2008 -_ authorizing the sale of not to exceed $630,000,000 of City of Newport Beach Revenue Bonds (Hoag Memorial Hospital Presbyterian) Series 2008; the execution and delivery of one or more Loan Agreements in substantially the form presented; the execution and delivery of one or more Indentures in substantially the form presented; the execution and delivery of one or more Official Statements (including Appendix A) in substantially the form presented; the execution and delivery of one or more Bond Purchase Contracts in substantially the form presented; and direct staff to take the necessary steps to provide for the sale and issuance of the 2008 bonds. 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 3- minutes. Before speaking, please state your name for the record. XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 24. PLANNING COMMISSION AGENDA FOR APRIL 17, 2008. 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. CURRENT BUSINESS 25. PROPOSED AMENDMENT TO THE CITY S ONE -YEAR ACTION PLAN FOR FISCAL YEAR 2007 -2008. Action: After receiving public comments and recommendations: a) approve the Amendment to the City's One -Year Action Plan for fiscal year 2007 -2008; and b) approve a budget amendment (08BA -060) increasing CDBG revenue estimates in 160 -4890 by $78,300 representing new programming of prior year unallocated CDBG funds as included in the amended FY 2007 -2008 CDBG One -Year Action Plan, appropriating $78,300 to Account No. 7161- C5100020 for the Sidewalk, Curb and Gutter Replacement project for FY07 -08 (C -3974; and transferring $78,300 from Account No. 7013 - 05100020 to the General Fund unappropriated fund balance. 26. COUNCIL APPROVAL OF CITY SERVICES RECOMMENDED BY ICMA CONSULTANTS FOR MEASUREMENT AND PERFORMANCE BENCHMARKING. Action: Approve the recommended services for measurement and performance benchmarking. 27. SALE OF BONDS FOR ASSESSMENT DISTRICT NO. 92 — AREA GENERALLY BOUNDED BY WEST COAST HIGHWAY, TUSTIN AVENUE, RIVERSIDE AVENUE AND CLIFF DRIVE. Action: Adopt Resolution No. 2008 -_ authorizing: a) the sale of 1915 Act Assessment bonds not to exceed $1,455,000 for Assessment District 92; b) the execution and delivery of one or more Indentures in substantially the form presented; c) the execution and delivery of one or more Official Statements and Continuing Disclosure Agreement in substantially the form presented; d) 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. 28. GENERAL DESIGN PARAMETERS FOR CITY HALL, PARK AND PARKING STRUCTURE. Action: Approve the General Design Parameters included in Attachment A of the staff report and direct that these be the parameters for the City Hall Design Committee and respondents to the RFQ to follow for the Newport Beach City Hall and Park Master Plan. XIX. 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. XX. ADJOURNMENT