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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, February 23, 2010 Regular Council Meeting - 7:00 p.m. KEITH D. CURRY Mayor MICHAEL F. HENN DON WEBB Mayor Pro Tern 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 23, 2010 I. STUDY SESSION - 4:00 p.m II. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. Conference with Legal Counsel- Existing Litigation (Government Code 6 54956.9(a)): Two matters: 1. Caslellina Partners, L.P. us City of Newport Beach, Orange County Superior Court Case No. 30-2010-00340156 2. City of Newport u. Mariner's Mile Gateway, LLC, Orange County Superior Court Case No. 30 -2010- 00343479 B. Conference with Real Pronerty Negotiator (Government Code 6 54956.8): Property: Excess City Property on Carnation Avenue next to 412 Carnation Ave City Negotiator: Dave Webb, City Engineer Negotiating Parties: Curt P. Christiansen Under Negotiation: Sale of Excess City Property C. Conference with Labor Negotiator (Government Code § 54957.6): I. Agency Designated Representative: Bill Avery of Avery & Associates and Terri Cassidy, Human Resource Director 2. Employee Organizations: 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) D. Public Employee Performance Evaluation (Government Code S 54957(b)(1)1• The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of one public employee. 1. Title: 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 - Pastor Bradley Stienstra, Newport Harbor Lutheran Church 1 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.newportbeachea.gov. IX. PRESENTATIONS - None 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 (5) 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 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 — 8) 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 STUDY SESSION OF FEBRUARY 9, 2010 AND SPECIAL MEETING OF FEBRUARY 16, 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. RESOLUTION FOR ADOPTION 3. RESOLUTION 2010 -_: BOND REIMBURSEMENT AUTHORIZATION FOR CIVIC CENTER EXPENDITURES. Adopt Resolution No. 2010 -_ that would allow the City the option to reimburse itself for project costs incurred prior to possible future debt issuances for the Civic Center project. C. CONTRACTS AND AGREEMENTS 4. TRANSFER OF EXCESS BONITA CANYON BOND FUNDS. Approve Budget Amendment No. 10BA -033 appropriating $100,000 in the Bonita Canyon fund for additional improvements to Bonita Canyon Sports Park and authorize the transfer of the remaining excess Bonita Canyon Bond funds ($1,031,884) from the City improvement account to the NMUSD improvement account. 5. CENTRAL WATERSHED MANAGEMENT AREA COOPERATIVE AGREEMENT — 4TH AMENDMENT. a) Adopt Resolution No. 2010 -_ to amend the Cooperative Agreement for the Newport Bay Watershed and the Central Watershed Management Area; and b) authorize the Mayor and City Clerk to execute the amendment. 6. PLAYGROUND RESILIENT SURFACE RENOVATION - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4228. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) 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 c) release the Faithful Performance Bond one year after Council acceptance. D. MISCELLANEOUS 7. APPOINTMENT OF KATHY HARRISON TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE. Confirm the Mayor's appointment of Kathy Harrison to the Environmental Quality Affairs Committee (EQAC). 8. ACCEPTANCE OF REIMBURSEMENT FROM FEDERAL BUREAU OF INVESTIGATION FOR PURCHASE OF COMPUTER EQUIPMENT FOR THE ORANGE COUNTY REGIONAL COMPUTER FORENSICS LABORATORY. Staff recommends that the Council allow the Police Department to accept funds from the FBI as repayment of funds expended by the Police Department for purchase of computer equipment used by the OCRCFL. 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 9. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISES TO ATHENS SERVICES AND HAUL -AWAY RUBBISH SERVICE CO., INC. Adopt Ordinance No. 2010 -2 for Athens Services and Ordinance No. 2010 -3 for Haul -Away Rubbish Service Co, Inc. XVI. PUBLIC COMMENTS Public comments are invited on non - agenda matter jurisdiction of the Council. Speakers speaking, please state your name for the record. XVII. CURRENT BUSINESS items generally considered to be within the subject must limit comments to three (3) minutes. Before 10. CONSIDER RECOMMENDATION OF CHARTER UPDATE COMMISSION'S RECOMMENDATION TO ADD THE REQUEST OF THE NEWPORT BEACH CHAMBER OF COMMERCE REGARDING NON - PROFIT FUNDING TO ITS WORK PROGRAM. Authorize the Charter Update Commission to add to its Work Program a consideration of non -profit funding for potential Charter Update and/or to address Newport Beach Municipal Code Section 3.24.010. XVIII. 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. D{. ADJOURNMENT - In Memory of Cara A. Lee and Don Donaldson.