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Home My WebLink About00 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, February 9, 2010 Regular Council Meeting - 7:00 p.m. KEITH D. CURRY Mayor MICHAEL F. HENN DON WEBB Mayor Pro Tem EDWARD D. SELICH Council Member STEVEN ROSANSKY Council Member Council Member LESLIE J. DAIGLE Council Member NANCY GARDNER Council Member DAVE KIFF - 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 website: http: / /www.newportbeachca.gov 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 OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD February 9, 2010 I. STUDY SESSION - 5:00 p.m II. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. Public Employee Performance Evaluation (Government Code § 54957(b)(1))• The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of two public employees. 1. Titles: City Clerk and City Attorney B. Conference with Labor Ne¢otiators (Government Code § 54957.6): 1. Aeencv Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy, Human Resource Director 2. Employee Organization: Multiple Newport Beach Associations - Lifeguard Management Association (LMA), Newport Beach Firefighters' Association (NBFA), Police Management Association (PMA), Police Employees' Association (PEA) and Fire Management Association (FMA) 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 Dr. Dennis Short, President of the Newport -Mesa- Irvine Interfaith Council Ix PRESENTATIONS Mothers Against Drunk Driving (MADD) Awards to Newport Beach Police Department Officers Fitzpatrick and Miller Proclamation Celebrating Henry Schielein's 60 -Year Career X. NOTICE TO THE PUBLIC The City prouides 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 (5) minutes on agenda items. The Council has the discretion to extend or shorten the time limit on Testimony given before the City Council is recorded. Yellow light indicates that the speaker has one minute for summation; and the red light will signify when the speaker's time limit is up. 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 Boulevard during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeschca.gov. agenda or non - agenda items. As a courtesy, please turn cell phones 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 All matters listed under CONSENT CALENDAR (I - 10) 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 ADJOURNED REGULAR MEETING OF JANUARY 26, 2010, AND THE REGULAR MEETING OF JANUARY 26, 2010. 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. AMENDMENT TO CHAPTER 14.17 (WATER EFFICIENT LANDSCAPING) OF THE NEWPORT BEACH MUNICIPAL CODE. Adopt Ordinance No. 2010 -1 which amends, in its entirety, Chapter 14.17 of Title 14 of the Newport Beach Municipal Code regulations pertaining to water - efficient landscaping and references the accompanying Design Standards document. C. RESOLUTION FOR ADOPTION 4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO UNIVERSAL WASTE SYSTEMS, INC. a) Adopt Resolution No. 2010 -_ to conduct a public hearing on March 9, 2010, to consider the award of a Non - exclusive Solid Waste Franchise to Universal Waste Systems, Inc.; and b) introduce Ordinance No. 2010-_ granting a Non - exclusive Solid Waste Franchise to Universal Waste Systems, Inc., and pass to second reading on March 9, 2010. D. CONTRACTS AND AGREEMENTS 6. CONTRACT AMENDMENT WITH HURLEY FOR PURCHASE OF 2010 JUNIOR LIFEGUARD PROGRAM UNIFORMS. Approve the change order to Hurley's 2009 Newport Beach Junior Lifeguard uniform contract for a total amount of $157,900 plus tax. XIII. XIV. F Ktt r 6. WEST NEWPORT PARK LANDSCAPE PROJECT - AWARD OF CONTRACT. a) Approve the project drawings and specifications; b) award Contract No. 4338 to Tal Cal Engineering, Inc. (Tal Cal) for the total bid price of $88,740.75, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $9,259.25 to cover the cost of unforeseen work. E. MISCELLANEOUS 7. PLANNING COMMISSION AGENDA FOR FEBRUARY 4, 2010. Receive and file written report. 8. ACCEPT EMERGENCY MANAGEMENT PREPAREDNESS GRANT (EMPG). a) Accept the 2008 Emergency Management Performance Reimbursement Grant for $8,822 in funding for matching the City's emergency management program; and b) approve Budget Amendment No. IOBA -032 increasing revenue estimates by $8,822 in Account 2355.4894, and appropriating those funds into Fire Department Account 2355.8105. 9. PURCHASE AND INSTALLATION OF SMART - STATION CALL ALERTING SYSTEM AT FIRE STATION NO. 5 - CORONA DEL MAR. Approve the purchase and installation of WestNet Smart - Station Call Alerting System for Fire Station No. 5 in an amount not to exceed $45,000. 10. RECOMMENDATIONS FROM WATER TAXI EXPLORATORY COMMITTEE. Direct staff to include questions exploring the demand and support for a water taxi system in the upcoming surveys of residents and businesses. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES 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 (3) minutes. Before speaking, please state your name for the record. 11. APPROVAL OF CONTRACT TO PURCHASE ONE LADDER TRUCK AND TWO FIRE ENGINES FROM PIERCE MANUFACTURING INC. OF APPLETON, WISCONSIN. a) Approve the negotiated contract with Pierce Manufacturing Inc. from Appleton, Wisconsin, for the purchase of one new 100' heavy duty tiller ladder truck in the amount of $1,066,824 including tax and two 1250 GPM Triple Combination pumpers in the amount of $1,032,806 including tax ($516,403 each); and b) approve Budget Amendment No. IOBA -030 in the amount of $346,019 to fund the purchase. 12. WASTEWATER PUMP STATION REHABILITATION (C -3804 - DIAMOND AVENUE, BACK BAY DRIVE, BREN TRACT, POLARIS DRIVE, AND HARBOR RIDGE - AWARD OF CONTRACT. a) Approve the project plans and specifications; b) award Contract No. 3804 to Houalla Enterprises, Ltd. dba Metro Builders and Engineers Group, Ltd. for the total bid price of $1,994,112, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $200,000 (approximately 10 %) to cover the cost of unforeseen work; d) approve Amendment No. 2 to Professional Services Agreement with Stantec Consulting California, Inc. for construction observation services for $35,618; and e) approve Budget Amendment No. IOBA -031 appropriating $510,000 from the unappropriated Wastewater Enterprise reserve fund balance to Account No. 7532 - 05600100. 13. COUNCIL APPROVAL OF GOALS AND PROJECTS, ALONG WITH IMPLEMENTATION PLAN, FOR CITY COUNCIL'S 2010 PRIORITIES. a) Review the list of goals and projects, draft implementation plan, and Planning Department project hours allocation provided by the City Manager to determine if they accurately reflect the intent of the City Council for its 2010 City Council priorities; and b) make changes as needed to accurately reflect the City CounciPs priority intentions. XVII. 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. XVIII. ADJOURNMENT