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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JULY 27, 2010, AT 7:00 P.M. COUNCIL CHAMBERS 3300 NEWPORT BOULEVARD KEITH D. CURRY Mayor MICHAEL F. HENN DON WEBB Mayor Pro Tern EDWARD D. SELICH Council Member Council Member LESLIE J. DAIGLE Council Member STEVEN ROSANSKY NANCY GARDNER Council Member Council Member DAVE KIFF - City Manager DAVID HUNT - City Attorney LEILANI BROWN - City Clerk DANA SMITH - 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.newportbeachea.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 JULY 27, 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 S 54956.9(a Four matters: 1. Pacific Shores u. Newport Beach, U.S. District Court Case No. SACV 08 -00457 AG (PLAx) 2. Newport Coast Recovery and Yellowstone Recovery v. City of Newport Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx) 3. Cross -Claim 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) 4. Banning Ranch Conservancy v. City of Newport Beach, Orange County Superior Court Case No. 30- 2010. 00365758 B. Conference with Labor Negotiators (Government Code § 54957.6): One matter: Agency Designated Representatives: Negotiator Bill Avery; Assistant City Manager Dana Smith; Human Resources Director Terri Cassidy; Administrative Services Director Tracy McCraner. Employee Organizations: Newport Beach City Employees Association; Newport Beach Professional and Technical Employees Association; Newport Beach Employee League C. Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation (Government Code § 54956.9(c)): One matter: Potential filing of amicus curie papers in Bay Island Club v. California Coastal Commission, Orange County Superior Court Case No. 30- 2009 - 00126561. D. 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 one public employee. Title: City Attorney III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT (if annlicable VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION- Mr. Frank Carpenter DI. PRESENTATION - None 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. 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. M. 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 (1 - 15) 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 FOR THE STUDY SESSION AND REGULAR MEETING OF JULY 6, 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 INTRODUCTION 3. CONSIDERATION OF AN ORDINANCE CHANGE AMENDING SECTION 7.04.030 OF TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO DOGS ON THE BEACH. a) Approve the Parks, Beaches and Recreation Commission's recommendation to amend Section 7.04.030 of Title 7 of the Newport Beach Municipal Code to change the hours dogs are not allowed on the beach from 9:00 a.m. to 5:00 p.m. (year - round) to 10:00 a.m. to 4:30 p.m. (year - round); and b) introduce Ordinance No. 2010 -_ amending the hours that dogs are not allowed on the beach, and pass to second reading on August 10, 2010. C. RESOLUTIONS FOR ADOPTION 4. GENERAL MUNICIPAL ELECTION - NOVEMBER 2,2010: ADOPTION OF RESOLUTIONS CALLING THE ELECTION AND REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION FOR THE PURPOSE OF THE ELECTION OF MEMBERS OF THE CITY COUNCIL FOR THE FIRST, THIRD, FOURTH, AND SIXTH DISTRICTS. a) Adopt Resolution No. 2010 -80 Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 2, 2010 for the Election of Members of the City Council as Required by the Provisions of the City Charter; and b) adopt Resolution No. 2010 -81 Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 2, 2010, with the Statewide General Election to be Held on the Same Date Pursuant to California Elections Code Section 10403. 5. NEXTG WIRELESS TELECOM PERMITS FOR DISTRIBUTED ANTENNA SYSTEM WITHIN THE PUBLIC RIGHT -OF -WAY: TELECOM PERMIT NO. TP2009 -003 FOR 1101 (CS) EAST COAST HIGHWAY; TELECOM PERMIT NO. TP2009 -004 FOR 2346 (CS) EAST COAST HIGHWAY; TELECOM PERMIT NO. TP2009 -005 FOR 4501 (CS) WEST COAST HIGHWAY; TELECOM PERMIT NO. TP2009 -006 FOR 5100 (CS) EAST COAST HIGHWAY; TELECOM PERMIT NO. TP2009 -007 FOR 6228 (CS) EAST COAST HIGHWAY); TELECOM PERMIT NO. TP2009 -008 FOR 3215 (CS) MARCUS AVENUE; AND TELECOM PERMIT NO. TP2009 -009 FOR 202 (CS) SANTA ANA AVENUE. a) Adopt Resolution Nos. 2010 -81 to 2010 -85 denying Telecommunication Permits Nos. TP2009 -003, TP2009 -004, TP2009 -005, TP2009 -006, and TP2009 -007; and b) adopt Resolution Nos. 2010 -86 and 2010 -87 approving, with conditions, Telecommunication Permit Nos. TP2009 -008 and TP2009 -009, and the fiber optic network associated with those sites. 6. EXTENSION OF TERM FOR WATER TAXI EXPLORATORY COMMITTEE. Adopt Resolution No. 2010 - _extending the term of the Water Taxi Committee six months from September 30, 2010 to March 30, 2010 to allow it to assist in developing a work plan for a Water Taxi RFP. D. CONTRACTS AND AGREEMENTS MARINA PARK — APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH RABBEN/HERMAN DESIGN OFFICE AND GABLE CONSULTING. a) Approve and authorize the Mayor to execute a new Professional Services Agreement with Rabben/Herman Design Office to provide permitting support; project plans, specifications, and other necessary construction documents /reports; and project construction observation services for a cost not to exceed $2,203,713; and b) approve and authorize the Mayor to execute Amendment No. 5 to the Professional Services Agreement with Gable Consulting to provide Project Management Services including oversight of the various design consultants, project permitting, design review and cost estimating, value engineering, project scheduling, construction bid and award services and other necessary project support services for a cost not to exceed $144,345. 8. SEASHORE DRIVE AND PEARL AVENUE TIDE GATE REPLACEMENT (C -4476) — AWARD OF CONTRACT. a) Approve the project drawings and specifications; b) award C -4476 to Atlas - Allied, Inc. for the total bid price of $92,300, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $7,700 to cover the cost of unforeseen work. 9. CONTRACT APPROVAL WITH A FORMER CITY EMPLOYEE — COUNCIL POLICY F -20. Authorize the City Manager to execute a contract with former City employee Steve Bunting for analytical assistance in the City Manager's office for up to six months. 10. OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING (C -4524) — AWARD OF CONTRACT. a) Approve the project drawings and specifications; b) award C -4524 to R.J. Noble Company for the total bid price of $149,924.50, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $15,000.00 (10 %) to cover the cost of unforeseen work. 11. PROFESSIONAL SERVICES AGREEMENTS RELATED TO THE CIVIC CENTER PROJECT FINANCING. a) Adopt a Budget Amendment appropriating $410,000 from future bond proceeds for initial financing costs associated with the financing of the proposed Civic Center project; and b) approve Professional Services Agreements with: 1) Field Rolapp & Associates for Financial Advisory Services; 2) Stradling Yocca Carlson & Rauth for Bond Counsel Services; 3) Hawkins Delafield & Wood LLP for Disclosure Counsel Services; and 4) William R. Hansen and Associates for Appraisal and Valuation Services. E. MISCELLANEOUS 12. PLANNING COMMISSION AGENDAS FOR JULY 13, 2010, AND JULY 15, 2010. Receive and file written report. 13. RESPONSIBLE BEVERAGE SERVE (RBS) TRAINING. Receive and file. 14. APPOINTMENT OF LAURA MEIER TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC). Confirm Council Member Leslie Daigle's appointment of Laura Meier to the vacant District 4 position. 15. REQUEST FOR WAIVER OF CITY COUNCIL POLICY B -8 FROM OC GRAN FONDO AS AN ANNUAL 13TH EVENT. Deny the request from OC Gran Fondo to waive Council Policy B -8 — Bike, Foot Race and Surf Contest Event Policy that would allow the event organizer to apply for a Special Event Permit for Saturday, October 9, 2010, and on an annual basis thereafter. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XV. PUBLIC HEARINGS 16. RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP PROJECT: MITIGATED NEGATIVE DECLARATION. a) Conduct public hearing; b) adopt Resolution No. 2010 -_ approving the Mitigated Negative Declaration, and the Mitigated Monitoring and Reporting Program on the basis of the environmental record; and c) conceptually approve the project which includes removing contaminated sediments in the Rhine Channel and depositing those sediments in the Port of Long Beach. 17. CLIFF DRIVE APPEAL (PA2009 -049) — 2949 CLIFF DRIVE (MODIFICATION PERMIT NO. MD2009 -030): APPEAL OF PLANNING COMMISSION DECISION TO DENY MODIFICATION PERMIT NO. MD2009 -030 FOR THE ENCROACHMENT OF PORTIONS OF AN EXISTING OUTDOOR ROOM AND EXTERIOR FIREPLACE INTO REQUIRED SIDE YARD AND REAR YARD SETBACKS. a) Conduct a de novo hearing; and b) adopt Resolution No. 2010 -_ to deny Modification No. 2009 -030, subject to the findings included within the resolution. 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. XVI. CONTINUED BUSINESS 18. HOAG MEMORIAL HOSPITAL PRESBYTERIAN - DEVELOPMENT AGREEMENT ANNUAL COMPLIANCE REVIEW. Continue to August 10, 2010. 19. SALE OF BONDS FOR ASSESSMENT DISTRICT NO. 100. a) Adopt Resolution No. 2010 -_ determining the remaining unpaid assessments for Assessment District No. 100 (131h St. /Balboa Blvd. /Adams St. /Ocean Front); and b) adopt Resolution No. 2010 -_ authorizing the issuance and sale of limited obligation bonds with respect to Assessment District No. 100; approving the form of the Bond Indenture providing for the form, execution and issuance of said bonds, approving the form of the Bond Purchase Contract, the Preliminary Official Statement and the Disclosure Dissemination Agent Agreement, all pertaining to said bonds; and authorizing related actions and execution of related documents in respect of the issuance, sale and delivery of said bonds. XVII. CURRENT BUSINESS 20. CREATION OF AN AD HOC COMMITTEE ON UPDATING HARBOR CHARGES. a) Adopt Resolution 2010 -_ relating to the City Council Ad Hoe Committee on Updating Harbor Charges; and b) appoint and to the Committee. 21. DESIGNATION OF VOTING DELEGATES FOR 2010 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - SEPTEMBER 15 -17, 2010, IN SAN DIEGO. Designate as the City's Voting Delegate for the Conference and as the VotingAlternate(s) (two alternates allowed). 22. CREATION OF AN AD HOC COMMITTEE ON THE RE -USE OF THE CITY HALL SITE. a) Adopt Resolution No. 2010 -_ relating to the City Council Ad Hoc Committee on the Re -Use of the City Hall Site; b) appoint , and to the Committee; and c) waive provision of Council Policy F -14 to allow the hiring of Tim Collins as Project Manager for this effort. 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. XIX. ADJOURNMENT 5