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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, September 9, 2008 Regular Council Meeting EDWARD D. SELICH Mayor LESLIE J. DAIGLE Mayor Pro Tern MICHAEL F. HENN Council Member 7:00 p.m. DON WEBB 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:!lwww.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 September 9, 2008 I. STUDY SESSION - 3:30 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 - Reverend Peter D. Haynes, Saint Michaels and All Angels Episcopal Church IX. PRESENTATIONS Lifesaving Awards Presentation. Newport Dunes Waterfront Resort 50th Anniversary Proclamation. The State of the Arts in Newport Beach Annual Report and Cultural Arts Grants Presentations. 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 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 NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 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 -tin 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 OF AUGUST 12, 2008 AND THE ADJOURNED REGULAR MEETING OF AUGUST 15, 2008. 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. RESOLUTIONS FOR ADOPTION 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. Adopt Resolution No. 2008 -_ authorizing 1) the sale of 1915 Act Assessment bonds not to exceed $2,481,399 for Assessment District No. 101; 2) the execution and delivery of one or more Indentures in substantially the form presented; 3) the execution and delivery of one or more Official Statements and Continuing Disclosure Agreement in substantially the form presented; 4) the execution and delivery of one or more Bond Purchase Contracts in substantially the form presented; and 5) staff to take the necessary steps to provide for the sale and issuance of the bonds. 4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO GB SERVICES, INC. a) Adopt Resolution of Intention No. 2008 -_ 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 -_ 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). Adopt Resolution No. 2008 -_ to allow employees to make Public Employees' Retirement System (PERS) service credit purchases on a pre -tax basis. C. CONTRACTS AND AGREEMENTS 6. PROFESSIONAL SERVICE AGREEMENT WITH SUNSET PROPERTY SERVICES FOR ALLEY SWEEPING SERVICES. 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. PROFESSIONAL SERVICE AGREEMENT WITH UNITED STORM WATER, INC. FOR STORM DRAIN & V -DITCH CLEANING SERVICES. 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. 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). 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). 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). 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. a) Approve a budget amendment (09BA -010) authorizing an additional advance from the General Fund in the 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). Approve the Countywide Public Mass Notification System MOU, provided by the County of Orange, at no cost to the City. 14. PELICAN HILL ROAD NORTH AND NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS - AWARD OF CONTRACT (C- 3945). 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. 15. PROFESSIONAL SERVICES AGREEMENT WITH POUK & STEINLE, INC. FOR ON -CALL ELECTRICAL SERVICES. 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. 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 (RESUBDIVISION NO. 1006) - 1800 EAST COAST HIGHWAY. 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. 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. 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. a) Authorize the City Manager to accept, on the City's behalf, the maintenance responsibility and any related easements to maintain the new Pack Ridge Trailhead in the Newport Coast; and b) direct the City Manager to appropriately budget for the maintenance expense in the current or upcoming budget. 21. TEMPORARY STREET CLOSURE - BACK BAY DRIVE. 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). Remove this item from calendar. 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. FEE RESOLUTION AND MASTER FEE SCHEDULE (contd. from 8112108). Action: a) Conduct public hearing; and b) adopt Resolution No. 2008 -_ establishing the Master Fee Schedule. 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 AUGUST 21, 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. CONTINUED BUSINESS 25. COUNCIL CONSIDERATION OF JURISDICTIONS TO UTILIZE FOR SERVICE BENCHMARK COMPARISON PURPOSES. Action: Discuss the listed jurisdictions and decide the final list of those which will be utilized for service benchmark comparisons. 26. APPROVAL OF EMPLOYMENT AGREEMENT FOR CITY CLERK. Action: a) Approve the City Clerk Employment Agreement with Leilani Brown effective November 22, 2008; and b) discuss targeted future compensation. XDL CURRENT BUSINESS 27. MAINTENANCE DREDGING IN LOWER NEWPORT BAY. Action: a) Approve 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). 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— In memory of former Mayor Jackie Heather it