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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH CENTRAL LIBRARY - 1000 AVOCADO AVENUE Tuesday, April 13, Regular Council Meeting KEITH D. CURRY Mayor MICHAEL F. HENN Mayor Pro Tern EDWARD D. SELICH Council Member STEVEN ROSANSKY Council Member 2010 - 7:00 p.m. DON WEBB Council Member LESLIE J. DAIGLE Council Member NANCY GARDNER Council Member Note New Location 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 CENTRAL LIBRARY — 1000 AVOCADO AVENUE < Note New April 13, 2010 I. STUDY SESSION — 4:00 p.m. II. CLOSED SESSION — After Study Session — Central Library Conference Room A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (GOVERNMENT CODE § 54956.9(A)): Five matter(s): 1. Pacific Shores v. Newport Beach - U.S. District Court Case No. SACV 08 -00457 AG (PLAx) 2. Newport Coast Recovery v. City of Newport Beach - U.S. District Court Case No. SACV 09 -0701 DOC (ANx); 3. Yellowstone v. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0834 -8 4. Castellina Partners v. City of Newport Beach — OCSC Case No. 30- 2010 - 00340156 5. Cross - Claire Against Morningside Recovery as the only remaining portion of the Concerned Citizen's v. City of Newport Beach - U.S. District Court Case No. SACV 08- 00192-JVS (RNBx) B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. DISCIPLINE OR DISMISSAL (GOVERNMENT CODE $ 54957(B)(1)): The City Council will meet in closed session to consider the, employment, evaluation of performance, discipline, or dismissal of the following public employee(s). 1. Titles: City Attorney C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Agency Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy, Human Resources Director Employee Organization: Multiple Newport Beach associations: Lifeguard Management Association (LMA), Police Employees Association (PEA), Newport Beach Firefighters' Association (NBFA), Police Management Association (PMA), Fire Management Association (FMA) and, Association of Newport Beach Ocean Lifeguards (ANBOL) 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 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. 111*14 National Library Week Proclamation Recognition of Ken Drellishak, Former Environmental Quality Affairs Committee (EQAC) Chair. 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 XII. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (I — 17) 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 MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF MARCH 23, 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. ORDINANCES FOR ADOPTION 3. AMENDMENT TO CHAPTER 17.25 AND 17.50 (SEA LION TIME LIMITS FOR COMPLIANCE). Adopt Ordinance No. 2010 -5 amending Newport Beach Municipal Code Sections 17.25.020 and 17.50.100 relating to sea lion abatement. 4. AMENDMENTS TO NEWPORT BEACH MUNICIPAL CODE CHAPTER 5.42, REGULATING SOLICITATION WITHIN THE CITY. a) Adopt Ordinance No. 2010 -6 regulating solicitation within the City. C. RESOLUTIONS FOR ADOPTION 5. PROPOSED ASSESSMENT DISTRICT NO. 100 — AREA GENERALLY BOUNDED BY 13TH STREET, BALBOA BOULEVARD, ADAMS STREET, AND OCEAN FRONT. a) Adopt the following Resolutions for Proposed Assessment District No. 100: 1) Resolution No. 2010 -32 Accepting Petition and Determining Sufficiency thereof for Proposed Assessment District No. 100; 2) Resolution No. 2010 -33 Adopting a Map Showing the Proposed Boundaries of, and Making Appointments for, Proposed Assessment District No. 100; 3) Resolution No. 2010 -34 Declaring Intention to Order the Construction of Certain Improvements in Proposed Assessment District No. 100, Describing the District to be Assessed to Pay the Costs and Expenses thereof, Providing for the Issuance of Bonds, and Declaring Intention to Designate the Area an Underground Utilities District; and 4) Resolution No. 2010 -35 Giving Preliminary Approval to the Report of the Assessment District for Assessment District No. 100 and an Underground Utilities District, Setting a Time and Place for a Public Hearing thereon, and Directing the Mailing of Notices of Hearing and Assessment Ballots to the Affected Property Owners; and b) approve a Professional Service Agreement with Meyer Nave to provide Bond Counsel Services at a not to exceed price of $25,000, and authorize the Mayor and City Clerk to execute the agreement. 6. EXTENSION OF TERM FOR WATER TAXI EXPLORATORY COMMITTEE. Adopt Resolution No. 2010 -36 extending the term of the Water Taxi Committee four months from May 12, 2010, to September 30, 2010, to allow it to develop questions and analyze results of upcoming surveys of residents, businesses and visitors. APPROVAL OF RESOLUTION ADOPTING A SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION (NBFA) EXTENDING THE TERM TO DECEMBER 31, 2011; AND ADOPTING OF RESOLUTION IMPLEMENTING A CalPERS TIME - IN -GRADE EXCEPTION. a) Adopt Resolution No. 2010 -37 adopting the Supplemental Memorandum of Understanding between the City of Newport Beach and the Newport Beach Firefighters Association; and b) adopt Resolution No. 2010- 38 adopting the Ca1PERS Employer Paid Member Contribution Time -in -Grade Exception. D. CONTRACTS AND AGREEMENTS S. 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, 2010. 9. REQUEST TO AMEND THE ANNEXATION AGREEMENT FOR SANTA ANA HEIGHTS ANNEXATION AREA. a) Authorize the Mayor to sign and submit a letter to the County of Orange Board of Supervisors requesting amendment of the Annexation Agreement such that County and/or Agency approval is not required to amend the Santa Ana Heights Specific Plan Regulations; b) direct the Planning Director and the Office of the City Attorney to prepare appropriate revisions to the Annexation Agreement and obtain County and Agency approval and execution of same; and c) subsequent to receiving approval by the County and the Agency of the Revised Agreement, prepare a resolution for City Council adoption eliminating the accompanying Council Policy K -6. 10. RECOMMENDATION TO RENEW THE PROFESSIONAL SERVICES AGREEMENT WITH THOMAS COLE EDWARDS, INC. FOR PROFESSIONAL CONSULTING SERVICES FOR AIRPORT ISSUES. Approve the Professional Services Agreement with Thomas Cole Edwards, Inc. under the same terms and conditions as agreed upon in 2008. 11. MONTH -TO -MONTH LEASE AGREEMENT WITH DAVE SALISBURY FOR PARKING ON PROPERTY LOCATED AT 209 WASHINGTON STREET AND 608 BALBOA BOULEVARD. a) Waive the requirements of City Council Policy F- 7 for an appraisal and open bid process; and b) approve and authorize the Mayor and City Clerk to execute the month -to -month lease agreement. 12. CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS (C -4089) — COMPLETION AND ACCEPTANCE. 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. 13. TRAFFIC SIGNAL MODERNIZATION PROJECT — PHASES 2 AND 3 (C -3976) — COMPLETION AND ACCEPTANCE. 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. 14. NEWPORT HARBOR NAUTICAL MUSEUM — ENCROACHMENT AGREEMENT TO RELOCATE AMUSEMENT EQUIPMENT WITHIN THE EASEMENT FOR SIDEWALK, PUBLIC UTILITY, AND PEDESTRIAN PURPOSES. a) Approve the applicant's request to install, maintain and operate bungee trampoline equipment, stairway, and appurtenances encroaching into the easement for sidewalk, public utility, and pedestrian purposes at 600 E. Bay Avenue; and b) authorize staff to execute an encroachment permit and encroachment agreement for these improvements. 15. CITYWIDE COST ALLOCATION PLAN AND COST OF SERVICES STUDY. a) Wave Council Policy F- 14(C)(1); and b) authorize the Mayor to execute the Professional Services Agreement with MGT to develop a defensible cost allocation plan and to identify and analyze the cost of providing City services. E. MISCELLANEOUS 16. PLANNING COMMISSION AGENDA FOR APRIL 8, 2010. Receive and file written report. 17. ADOPTION OF THE FUNDING CRITERIA, FUNDING APPLICATION FORM, AND APPLICATION REVIEW PROCESS TO BE USED BY THE SPECIAL EVENTS ADVISORY COMMITTEE (SEAC) IN REVIEWING REQUESTS AND PROVIDING ADVISORY ANALYSIS TO THE CITY COUNCIL. Adopt the Criteria for City Support, Application Review Process, and Application for Support Form to be used by the Special Events Advisory Committee (SEAC) in reviewing funding requests of $20,000 or more and preparing an advisory analysis of the request for the City Council. 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 COMMENTS XVI. 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. 18. TRANSFER OF EXCESS BONITA CANYON BOND FUNDS. Approve Budget Amendment No. IOBA -033 appropriating $100,000 in the Bonita Canyon fund for remaining improvements at Bonita Canyon Sports Park and authorize the transfer of the residual excess Bonita Canyon Bond funds ($1;031,884) from the City improvement account to the Newport -Mesa Unified School District (NMUSD) improvement account. [Continued from the February 23, 2010, and March 9, 2010, meetings] 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. XVIIL ADJOURNMENT— In memory of Inez Howald, Lana Chandler, Tom Allen, and Vicky Gallagher y1