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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, May 12, 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 May 12, 2009 I. STUDY SESSION - 3:00 p.m. II. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9(a)): Seven matters: 1. Newport Beach v. California Coastal Commission, Orange County Superior Court Case No. 30- 2009 - 00120920 2. Newport Beach/Tustin v. City of Irvine (Martin Street), Orange County Superior Court Case No. 07CCO1264 3. Newport Beach✓'Tustin v. City of Irvine (2851 Alton), Orange County Superior Court Case No. 07CCO1265 4. Newport Beach/Tustin v. City of Irvine (MCG), Orange County Superior Court Case No. 30.2008. 0022885- CU- WM -CXC 5. Newport Beach/Tustin v. City of Irvine (Accessory Retail Business Regulations), Orange County Superior Court Case No. 30- 2009 - 00264696 6. Pike v. Rudder v. Newport Beach, United States District Court Central District of California, Case No. CV08 -8580 DSF (RNBx) 7. Abrams v. Newport Beach, United States District Court Central District of California, Case No. SACV09 -404 DOC (MLGx) B. Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation (Government Code § 54956.9(c)): One matter: 1. Potential initiation of litigation against the City of Irvine for violation of the California Environmental Quality Act for failure to comply with CEQA in certifying and its Vision Plan Environmental Impact Report and adopting the IBC Vision Plan. III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT (if applicable) 1 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 VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION- Pastor Bob Bragger, Mariners Church IX PRESENTATIONS 2009 Telly Award Presentation to Newport Beach Police Officer Dave Sanborn for "Newport Beach Police Holiday Safety" Production. Presentation of Check by Library Foundation 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): XII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 14) 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, 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 MAY 12, 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 ADOPTION 3. ORDINANCE TO APPROVE AN AMENDMENT TO CALPERS CONTRACT TO PROVIDE CALPERS RETIREMENT FORMULA (3 % 950) FOR LIFEGUARD SAFETY EMPLOYEES PER RATIFIED MEMORANDUM OF UNDERSTANDING (JULY 2006 - DECEMBER 2008). Adopt Ordinance No. 2009 -10 authorizing an amendment to the contract between the City Council of the City of Newport Beach and the Board of Administration of the California Public Employees' Retirement System. C. RESOLUTION FOR ADOPTION 4. ESTABLISHMENT OF A SPECIAL EVENTS ADVISORY COMMITTEE. a) Adopt Resolution No. 2009 -_ establishing a Special Events Advisory Committee; and b) appoint the City Council Members of the Economic Development Committee (Mayor Pro Tem Curry, Council Member Henn, and Council Member Rosansky) as the ad hoc committee to review applications for membership and make recommendations to the City Council. 5. RESOLUTION IN SUPPORT OF KEEPING EQUESTRIAN CENTER AT ORANGE COUNTY FAIR AND EVENT CENTER. Adopt Resolution 2009•_ in support of the Orange County Fair and Event Center's equestrian facilities. D. CONTRACTS AND AGREEMENTS 6. CORONA DEL MAR FARMERS MARKET LICENSE AGREEMENT. Authorize the Mayor and City Clerk to sign the Corona del Mar Farmers Market License Agreement between the City of Newport Beach and Rick Heil, licensee, allowing the licensee the use of City property for a certified farmers market for a period of five (5) years. 7. SUBDRAIN IMPROVEMENT PROJECTS — AWARD OF CONTRACT (C- 3909). a) Approve the project plans and specifications; b) award the contract (C•3909) to Ta1Cal Engineering, Inc. for the total bid price of $248,698, and authorize the Mayor and the City Clerk to execute the contract; and c) establish and amount of $25,000 to cover the cost of unforeseen work. 8. ANNUAL FINANCIAL AUDIT CONTRACT EXTENSION. Authorize the City Manager to extend the contract with the CPA firm of Mayer Hoffman McCann P.C. to perform the City's annual financial audit for the fiscal year ending June 30, 2009. 9. RIVO ALTO COPING REPLACEMENT; FINLEY AVENUE AT 36TH STREET BULKHEAD REPAIR; 26TH STREET TIDE GATE STRUCTURE AND BULKHEAD IMPROVEMENTS; AND VIA LIDO WALL REPLACEMENT (C -3657) — COMPLETION AND ACCEPTANCE. 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 and Performance Bond one year after Council acceptance. 10. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH STEVEN HOOK FOLLOWING HIS RETIREMENT FOR' A CONTINUATION OF CHIEF BUILDING INSPECTOR SERVICES FOR A DURATION NOT TO EXCEED SIX MONTHS. Authorize the City Manager to execute the Professional Services Agreement with Steve Hook. E. MISCELLANEOUS 11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION (NBPLF) AND APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY 2008 -2009. Approve a budget amendment (09BA -052) to increase revenue estimates by $36,239.00 in Account No. 4090 -5893 (Library Foundation/NBPLF) and increase expenditure estimates by the same amount in Division 4090 (Foundation) — 8260 (Library Materials). 12. APPROVAL TO ESTABLISH A CITY COUNCIL AD HOC COMMITTEE TO MAKE RECOMMENDATIONS REGARDING THE DUTIES, THE SALARY, AND THE PROCESS FOR FILLING THE CITY MANAGER POSITION. Create the City Manager Ad Hoc Recruitment Committee to serve for a limited time from appointment to approximately October 1, 2009 or when its role is completed, whichever first occurs, comprised of Mayor Selich, Mayor Pro Tem Curry, and Council Member Henn to: (1) ensure the City Manager job description is updated and accurately reflects Council's desires for the position, presenting any recommended changes to the Council in open session for consideration and adoption; (2) interface with the recruitment firm regarding advertising the position; (3) make recommendations on the recruitment process to the full City Council; and (4) make recommendations on a final employment contract, once the successful candidate has been chosen. 13. APPROVAL OF DRAFT LETTER TO THE U.S. DEPARTMENT OF TRANSPORTATION SECRETARY IN SUPPORT OF FUNDING FOR THE CALIFORNIA - NEVADA MAGLEV PROJECT WHICH CONTAINS AN ORIGIN/DESTINATION CENTER IN ANAHEIM. a) Make any changes desired in the letter's wording; b) authorize the Mayor to sign the letter; and c) direct staff to send the letter to the Department of Transportation Secretary. 14. AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 STATUS REPORT. Receive and File. If desired, provide additional staff direction. 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 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 UTILITY DISTRICT (continued from the 4/28/09 meeting). [7:03 p.m. time certain] Action: a) Re -count ballots as directed at the April 28, 2009 Council Meeting; b) if greater than or equal to 50% of weighted "No" votes versus "Yes" votes are submitted, then a majority protest by ballot procedure does exist and the District may not be formed and the following actions should be considered by Council: 1) if desired, abandon the assessment proceedings and adopt Resolution No. 2009 - for the abandonment of Assessment District No. 87; and 2) approve a budget amendment (09BA -053) appropriating $770,000 from the unappropriated General Fund balance to cover project design, engineering and other expenses incurred to date that will not be recovered by the City; OR c) 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 -_ making determinations, confirming assessments and proceedings and designating the Superintendent of Streets to collect and receive assessments and to establish a special fund for Underground Utility District No. 87 (Balboa Island) assessment for Assessment District No. 87, ordering the acquisition of improvements, and designating the area an Underground Utilities District; 2) approve a budget amendment (09BA -048) in anticipation of the formation and approval of Assessment District No. 87. The proposed budget amendment of $20,433,500 will provide $19,207,500 for the design, construction, financing and incidental contingencies, $1,226,000 to establish a bond reserve. The budget amendment will increase revenue estimates by $19,207,500 and increase expenditure appropriations by $18,753,250. The difference of $454,250 will be utilized to reimburse the City for past assessment engineering and design expenditures related to this District. This Budget Amendment includes $104,058.97 for the related assessments on City -owned properties located at 124 Marine Avenue, 107 Agate Avenue and the Balboa Island Ferry property; and 3) adopt Resolution No. 2009•_ approving utility improvement contracts for utility improvements for Assessment District No. 87 (Balboa Island). 16. HOAG MEMORIAL HOSPITAL PRESBYTERIAN SERIES 2009 HEALTH CARE FACILITY REVENUE BONDS. Action: a) Conduct public hearing; and b) adopt Resolution No. 2009 -_ authorizing the sale of not to exceed $250 million of City of Newport Beach Revenue Bonds (Hoag Memorial Hospital Presbyterian) Series 2009; 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 in the staff report; the execution and delivery of one ore more Bond Purchase Contracts in substantially the form presented in the staff report; and directing staff to take the necessary steps to provide for the sale and issuance of the 2009 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 three minutes. Before speaking, please state your name for the record. XVII. CURRENT BUSINESS 17. ESTABLISHMENT OF A SUMMER WATER TAXI EXPLORATORY COMMITTEE. Action: a) Adopt Resolution No. 2009 -_ establishing a Summer Water Taxi Exploratory Committee; b) make appointments to the committee: EDC Representatives — appoint two: Mike McNamara Richard Luehrs Harbor Commission Representatives — appoint two: John Corrough Ralph Rodheim Marine Business Representatives — appoint two: Jim Mahoney Casey Jones Chandler Bell Mark Silvey Conference and Visitors Bureau Representative — appoint one: Gary Sherwin Restaurant Association Representative — appoint one: Jim Robinson, Amelids Restaurant; and c) authorize the Mayor to appoint a Committee Chair from the membership. XVIII. MOTION FOR RECONSIDERATION XIX. ADJOURNMENT 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. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA REGULAR MEETING MAY 12, 2009 XII. CONSENT CALENDAR 518. AGREEMENT WITH MIOCEAN FOUNDATION REGARDING BEACH INFORMATION MONITORS. Action: Authorize the Mayor to execute a License Agreement with Miocean Foundation to install and operate up to three beach information monitors at City- approved beach locations. XVII. CURRENT BUSINESS 519. COUNCIL APPROVAL OF SCOPE OF WORK FOR AIR QUALITY TESTING STUDY RELATING TO JOHN WAYNE AIRPORT JET AIRCRAFT EMISSIONS AND AUTHORIZATION TO ENTER INTO A STANDARD PROFESSIONAL SERVICES AGREEMENT WITH DR. KARLEEN SUDOL -BOYLE FOR THE STUDY. Action: a) Approve the scope of work for the air quality study; and b) authorize the City Manager to enter into a contract with Dr. Boyle for the Option Two study proposal (most rigorous option) at a not -to- exceed amount of $62,000; and approve a budget amendment (09BA -056) in the amount of $62,000 from unallocated General Fund reserves to account #0123-8080. 520. COUNCIL CONSIDERTION OF RETAINING AN EXECUTIVE SEARCH FIRM TO CONDUCT THE RECRUITMENT FOR THE UPCOMING CITY MANAGER VACANCY. Action: Hire a firm to conduct the recruitment. The Ad Hoc Council Committee intends to make a recommendation as to the specific firm at the May 12 Council meeting. If a firm is selected, direct the City Manager and Human Resources Director to enter into a professional services agreement for these professional recruitment services, with a scope and cost that has been reviewed and approved by the Ad Hoc Committee.