HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
REGULAR CITY COUNCIL MEETING
TUESDAY, AUGUST 10, 2010, AT 7:00 P.M.
COUNCIL CHAMBERS
3300 NEWPORT BOULEVARD
KEITH D. CURRY
Mayor
MICHAEL F. HENN DON WEBB
Mayor Pro Tem Council Member
EDWARD D. SELICH
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.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
AUGUST 10, 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)):
Three 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 u. 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 u. City of Newport Beach, U.S. District Court Case No. SACV
08- 00192 -JVS (RNBx)
B. Conference with Real Property Negotiators (Government Code $ 54956.8): One matter:
Property and Property Owner /Negotiators: See Table Below
No.
Street Address
A.P.N.
Owner
1
(No address, property bounded by Jamboree
Rd., MacArthur Blvd, & SR 73
427 - 242 -07
City of Newport Beach
2
19752 MacArthur Blvd., Irvine, CA
445- 132 -09
First California Bank
3
19742 MacArthur Blvd., Irvine, CA
445 - 132 -11
Bates Johnson Bldg., Ltd.
4
19712 MacArthur Blvd., Irvine, CA
445 - 132 -18
CIP Centerpointe 123, LLC
City Negotiator: Steve Badum, Public Works Director, and Dave Webb, City Engineer
Under Negotiation: Right of way for the Jamboree Road Improvement Project (Jamboree Road
between Bristol Street North to Fairchild Road).
C. 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 applicable)
VII. PLEDGE OF ALLEGIANCE
VIII. INVOCATION- Reverend Robert Jordan Ross, Newport Universalist Society
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
Proclamation to Sandy Segerstrom Daniels for her work as the founder and Executive
Director of the Festival of Children Foundation and her leadership in making
September National Child Awareness Month.
Presentation of Plaques to Outgoing Boards and Commission Members
Recognition to Charter Update Commission Members
Crystal Cove Alliance's Educational Programs
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)
MI. CONSENT CALENDAR
All matters listed under CONSENT CALENDAR (1 -18) 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 27, 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. ORDINANCE NO. 2010-: OFF - PREMISES MASSAGE PERMITS. Introduce
Ordinance No. 2010 -_ relating to off - premises massage permits, and pass to
second reading on September 14, 2010.
C. ORDINANCE FOR ADOPTION
4. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 7.04.030 OF
TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO
ANIMALS PROHIBITED ON PUBLIC BEACHES. a) Approve for the second
reading amending Section 7.04.030 of Title 7 of the Newport Beach Municipal Code
to read that animals are prohibited on any ocean front beach, sidewalk or bay front
beach between the hours 9:00 a.m. to 5:00 p.m. from May 15 to September 15 and
no restriction from September 16 to May 14; b) approve changing "Community
Services Department" to Recreation & Senior Services Department; and c) approve
changing "guide" dogs to "service" dogs as defined under the American with
Disabilities Act so as to include all service dogs that assist the disabled.
D. RESOLUTIONFOR ADOPTION
5. APPROVE A RESOLUTION DEFINING THE "ENGINEERING NEWS
RECORD - CONSTRUCTION COST INDEX" AS THE MEANS TO
ANNUALLY ADJUST THE MINIMUM CONTRACT AMOUNT REQUIRING
FORMAL BIDDING AS DEFINED IN THE CITY CHARTER AMENDMENT
BEING PLACED ON THE NOVEMBER 2, 2010 BALLOT a) Adopt Resolution
No. 2010 approving the "Construction Cost Index," as developed and maintained
by the "Engineering News Record," to annually increase the minimum construction
contract amount requiring formal advertisement and bidding as a result of
inflation, and authorize the Mayor and City Clerk, on behalf of the City Council of
Newport Beach to execute the Resolution.
E. CONTRACTS AND AGREEMENTS
6. CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
REJECT ALL BIDS FOR CONTRACT NO. 4315. Reject all bids.
PUBLIC DOCK ACCESS IMPROVEMENTS - 15TH, 19TH, AND FERNANDO
STREETS - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4110.
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 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.
8. WEST NEWPORT LANDSCAPING PROJECT - COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 4338. 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.
F. MISCELLANEOUS
9. PLANNING COMMISSION REPORT FOR JULY 29, 2010 AND AGENDA
FOR AUGUST 5, 2010. Receive and file written report.
10. CONTRACT WITH FORMER CITY EMPLOYEE, THOMAS VOTH. Authorize
the City Manager to execute a Temporary Employment Agreement (TEA) with a
former employee, Mr. Thomas Voth, to assist the Police Department and the
Orange County District Attorney's Office with pre -trial and trial work on the
McLaughlin homicide case (NBPD Case #94- 14897)
11. ACCEPTANCE OF 2010 -2011 STATE OF CALIFORNIA, OFFICE OF
TRAFFIC SAFETY (OTS), DUI ENFORCEMENT AND AWARENESS
PROGRAM GRANT (AL1155). a) Accept grant funding from the Office of Traffic
Safety (OTS) in the amount of $222,355 to fund a Driving Under the Influence
(DUI) Enforcement and Awareness Program, as outlined in grant number AL1155;
b) approve Budget Amendment No. 11BA -002 in the amount of $222,355 for the
Police Department Budget for Fiscal Year 2010/2011 to fund the OTS, DUI
Enforcement and Awareness Program grant; and c) authorize the Administrative
Services Director to establish revenue and expenditure accounts to facilitate the
administration of these grant funds.
12. TASTE OF NEWPORT BANNERS - APPROVAL OF ENCROACHMENT
PERMIT N2010 -0186. Conditionally approve the request of the Newport Beach
Chamber of Commerce for the installation of 169 banners, from August 24, 2010, to
September 22, 2010, for the annual Taste of Newport. Installation will be along
Westcliff Drive, Jamboree Road, MacArthur Boulevard, Newport Boulevard and
Coast Highway.
13. STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2011. Approve
the Statement of Investment Policy, as amended by the City Treasurer and the
Finance Committee, and adopt amended policy for Fiscal Year 2011.
14. UTILITY CONNECTION GRANT PROGRAM POLICY. Review and approve
the policy document associated with the proposed Utility Connection Grant
Program, thereby allowing staff to move forward with the creation and
implementation of the program.
15. HEIGHT RESTRICTION ON KING PALM TREES AT THE OASIS SENIOR
CENTER. Receive and file the attached letter placing a height restriction on the
King Palm trees at the OASIS Senior Center.
16. FORMATION OF A CITIZENS BICYCLE SAFETY COMMITTEE. a) Adopt
Resolution No. 2010_ establishing a seven - member Citizen's Bicycle Safety
Committee to make recommendations to improve efficiency; and b) direct the City
Clerk to invite members of the public to apply to be appointed to the Citizen's
Bicycle Safety Committee.
17. FOURTH QUARTERLY REPORT ON PERFORMANCE MEASURES. Receive
and file.
18. AMENDMENT NO. 3 TO A COOPERATIVE AGREEMENT FOR THE
ADMINISTRATION OF TOTAL MAXIMUM DAILY LOADS IN NEWPORT
BAY (TMDL). Authorize the Mayor to sign and execute Amendment No. 3 to the
2003 multi- agency Cooperative Agreement to fund Nutrient, Fecal Coliform and
Toxics Total Maximum Daily Load (TMDL) Studies, Projects & Programs in the
Newport Bay Watershed.
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
19. VIA LIDO INTERIM STUDY OVERLAY (PA2010 -081) - 3388 VIA LIDO - CODE
AMENDMENT NO. (CA2010 -006) - STUDY PLAN. a) Conduct public hearing; and
b) introduce Ordinance No. 2010 -_ approving Code Amendment No. CA2010 -006 with the
associated Study Plan, and pass to second reading on September 14, 2010.
20. NEWPORT COMMERCE PLAZA. a) Conduct public hearing; and b) introduce
Ordinance No. 2010 -_ approving Planned Community Development Plan Amendment
No. PD2010 -002, and pass to second reading on September 14, 2010.
21. MORNINGSIDE RECOVERY DEVELOPMENT AGREEMENT. a) Open public
hearing; and b) continue Development Agreement No. DA2010 -001 to September 14, 2010.
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 (3) minutes. Before
speaking, please state your name for the record.
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
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