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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, SEPTEMBER 28, 2010, AT 7:00 P.M. COUNCIL CHAMBERS 3300 NEWPORT BOULEVARD KEITH D. CURRY Mayor MICHAEL F. HENN DON WEBB Mayor Pro Tem 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.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 SEPTEMBER 28, 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 Five matters: 1. Pacific Shores v. 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, City of Newport Beach v. Back Bay Court, LLC, Orange County Superior Court Case No. 30-2010-00385190 5. Shelly v. Northrop and Johnson Yachts, LLC, et. al., Orange County Superior Court Case No. 30- 2010 - 00405283 B. Conference with Labor Negotiators (Government Code § 54957.6): Agency Designated Representatives: Negotiator Bill Avery; Human Resources Director Terri Cassidy Employee Organizations: Newport Beach City Employees Association (CEA); Newport Beach Professional and Technical Employees Association (Prof- Tech); 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 Karl Stuckenberg, Newport Center United Methodist Church ix. PRESENTATIONS Presentation of $11,000 Check from the California State Library Presentation of $156,000 Check from the Newport Beach Public Library Foundation Presentation of $240,800 Check from the Friends of the Library 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.newportbeachca.gov. Proclamation to Paul Cahill, General Manager of the Newport Beach Hotel and Spa Recognition to the Citizens Technology Task Force (CTTF) Members 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 (1 — 22) 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 FOR THE STUDY SESSION AND REGULAR MEETING OF SEPTEMBER 14, 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. CODE AMENDMENT AND INTERIM STUDY OVERLAY FOR THE NEWPORT BEACH WINERY PROPOSED AT 869 WEST 16TH STREET. Conduct second reading and adopt Ordinance No. 2010 -17 relating to Zoning Code Amendment No. CA2010 -005 to apply the Interim Study Overlay District by revising District Map Nos. 22 and 25, which will allow for Food Processing uses, including proposed winery, at a light industrial property located at 869 West 160` Street. C. RESOLUTIONS FOR ADOPTION 4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO UNITED PACIFIC WASTE, A CALIFORNIA CORPORATION. a) Adopt Resolution of Intention No. 2010 -_ to conduct a public hearing on October 25, 2010 to consider the award of a Non - exclusive Solid Waste Franchise to United Pacific Waste, a California corporation; b) introduce Ordinance No. 2010 - granting a Non - exclusive Solid Waste Franchise to United Pacific Waste, a California corporation for a first reading, and pass to second reading on October 25, 2010; and c) adopt the Ordinance granting the Franchise at the conclusion of the October 25, 2010 public hearing. 5. RESOLUTION IN SUPPORT OF PROPOSITION 22 (NOVEMBER 2 GENERAL ELECTION). Adopt Resolution No. 2010 -_ related to support for Proposition 22 (the "Local Taxpayer, Public Safety, and Transportation Protection Act of 2010 "). 6. ADOPT A RESOLUTION ESTABLISHING "NO PARKING" RESTRICTIONS ON DESIGNATED STREETS ON SPECIFIC DAYS AND TIMES TO IMPROVE STREET SWEEPING EFFECTIVENESS AND RESCINDING RESOLUTION NO. 2009 -5 AND A CHANGE TO STREET SWEEPING RESTRICTIONS ON VISTA DEL ORO AND MAR VISTA. a) Rescind Resolution No. 2009 -5; and b) adopt Resolution No. 2010 - establishing "NO PARKING" restrictions on designated streets on specific days and times to improve street sweeping effectiveness for street sweeping throughout the City including revisions to add the north side of 26th Street from Newport Boulevard to the east street end and to revise "NO PARKING" restrictions on the full length of Vista Del Oro and Mar Vista Drive. ADOPT A RESOLUTION TO AMEND THE STREET TREE DESIGNATION LIST FOR HELIOTROPE AVENUE. Adopt Resolution No. 2010 -_ to amend the City Street Tree Designation for Heliotrope Avenue to remove the Japanese Black Pine and list the Kentia Palm and Dwarf Southern Magnolia as the designated tree species for that neighborhood. D. CONTRACTS AND AGREEMENTS S. AGREEMENT TO PROVIDE SANITARY SEWER SERVICES TO CANYON FAIRWAY COMMUNITY. a) Receive a letter request from the Canyon Fairway Community Association (CFCA) for transfer of ownership /maintenance of the sanitary sewer system; b) authorize the Mayor and City Clerk to execute the agreement to provide sanitary sewer services to the community of Canyon Fairway; c) authorize the City Manager to sign a Certificate of Acceptance to accept the necessary sewer and storm water easements; d) approve draft Proposition 218 notice and direct staff to send to property owners; and e) set public hearing for November 23, 2010, to tabulate protests. 9. HEARING OFFICER SERVICES RELATING TO TITLE 20 HEARINGS. Approve the City Manager's recommendation to contract with Hon. John C. Woolley (retired) to conduct Administrative Hearings on Title 20 matters. 10. BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS — AWARD OF CONTRACT (C- 3802). a) Approve the project drawings and specifications; b) accept Westcoast Public Work's request to withdraw their bid; c) award Contract No. 3802 to the second low bidder, John T. Malloy, Inc., for the total bid price of $286,050, and authorize the Mayor and the City Clerk to execute the contract; d) establish an amount of $43,000 (15 %) to cover the cost of unforeseen work; and e) additional contract costs of approximately $14,450 in consulting geotechnical services is estimated for this project and will be performed under the On -call Professional Services Agreement with Harrington Geotechnical Engineering, Inc. 11. LIFEGUARD HEADQUARTER ROOF REPLACEMENT — AWARD OF CONTRACT (C- 4599). a) Approve the project specifications; b) award Contract No. 4599 to All Weather Roofing for the total bid price of $36,350, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $10,000 to cover the cost of unforeseen work; and d) appropriate future California Emergency Management Agency (Cal EMA) grant revenues up to $47,350 into 2355 -489C to reimburse Fire /Lifeguards for the roof replacement costs. 12. BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT - AWARD OF CONTRACT (C- 4479). a) Approve the project drawings and specifications; b) award Contract No. 4479 to M &E Construction for the total bid price of $157,000, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $18,200 to cover the cost of unforeseen work. 13. 2009 -2010 CITYWIDE SLURRY SEAL — COMPLETION AND ACCEPTANCE (C- 4270). 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. OWNER CONTROLLED INSURANCE PROGRAM (OCIP) FOR THE CIVIC CENTER PROJECT — SELECTION OF BROKER /ADMINISTRATOR. a) Approve Budget Amendment No. 11BA -011 appropriating funds from the Civic Center Project (CCP); and b) approve a Professional Services Agreement with Aon Risk Services, Inc. in an amount not to exceed $295,000 for 30- months with one, six (6) month extension, if needed (bond proceeds will not be needed for the construction contract and those savings will be applied toward the OCIP). 15. AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND DAVID KIFF. Approve Amendment No. 1 to City Manager's Employment Agreement to extend the time to December 31, 2010, to establish residency in the City of Newport Beach. E. MISCELLANEOUS 16. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LIBRARY SERVICES. Approve Budget Amendment No. 11BA -004 to increase expenditure appropriations by $11,000 in Division 4010 (Support Services) and to increase revenue estimates for the same amount in Account No. 4010 -4835, Library Services Technology Act. 17. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION (NBPLF) AND APPROPRIATE FUNDS FOR SALARIES AND MAINTENANCE & OPERATIONS BUDGETS FOR FY 2010/11. Approve Budget Amendment No. 11BA -003 to increase revenue estimates by $156,000 in Account No. 4090 -5893 (Library Foundation /NBPLF) - expenditure estimates will be increased by the same amount in Division 4090 (Library Foundation) and Division 4060 (Literacy Services). 18. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO MAINTENANCE & OPERATIONS BUDGET ACCOUNTS FOR FY 2010 -11. Approve Budget Amendment No. 11BA -010 to increase revenue estimates by $240,800 in Account No. 4091 -5292 (Friends of the Library Donations), and increase expenditure estimates by the same amount in Divisions 4091. 19. 2010 -2011 CULTURAL ARTS GRANTS. Approve recommended recipients for FY 2010 -2011 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Policy I -10 - Financial Support for Culture and the Arts. 20. STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2011. Approve the Statement of Investment Policy (Council Policy F -1), as amended by the City Treasurer and the Finance Committee. 21. NOMINATIONS TO THE CITIZENS BICYCLE SAFETY COMMITTEE. a) Confirm the nominations of Scott Bergey, Tom Croxton, Barbara Danzi, John Heffernan, Denis LaBonge, Scott Matsler, Tony Petros, Stephen Sholkoff, and John Tzinberg, as presented by the Council Ad Hoc Appointments Committee to fill the positions on the Citizens Bicycle Safety Committee; and b) conduct appointments at the October 12, 2010 City Council Meeting. 22. APPOINTMENT TO THE ECONOMIC DEVELOPMENT COMMITTEE. Appoint Mark H. Hoover to the Economic Development Committee. 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 23. AIRPORT BUSINESS AREA INTEGRATED CONCEPTUAL DEVELOPMENT PLAN (PA2007 -170 & PA2008 -063). a) Conduct public hearing; and b) adopt Resolution No. 2010 -_ approving the proposed Airport Business Area Integrated Conceptual Development Plan. 24. CHINA PALACE USE PERMIT (PA2010 -082) - 2800 WEST COAST HIGHWAY - USE PERMIT NO. 2010 -015. a) Conduct a de novo hearing; and b) adopt Resolution No. 2010- denying the appeal and upholding and affirming the decision of the Planning Commission to approve Use Permit No. UP2010 -015, subject to the findings and conditions of approval included within the draft resolution. 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 25. IMPLEMENTATION OF THE RECOMMENDATIONS OF THE CITIZENS TECHNOLOGY TASK FORCE. Receive and file this report which outlines the City Manager implementation goals and initial steps needed to put into action the Task Force's recommendations. 26. CLEARWIRE TELECOMMUNICATIONS FACILITY PERMIT (PA2009 -165) - 1 PARK NEWPORT — TELECOMMUNICATIONS PERMIT NO. TP2009 -013. a) Conduct review; and b) adopt Resolution No. 2010 -_ approving Telecommunications Permit No. TP2009 -013, subject to findings and conditions of approval. 27. MORNINGSIDE RECOVERY DEVELOPMENT AGREEMENT (DA2010 -001) TO PROVIDE AN ENTITLEMENT FOR THE OPERATION OF RESIDENTIAL CARE FACILITIES IN THE CITY WHILE ALSO CONTAINING LIMITATIONS ON THE TOTAL NUMBER OF CLIENTS IN RECOVERY FOR DRUG AND ALCOHOL ABUSE IN THE CITY, ON OCCUPANCIES AT ITS CURRENT FACILITIES AND WITHIN THE PENINSULA ZONE, AND CONTROLS ON THE OPERATION OF THESE FACILITIES. Conduct second reading and adopt Ordinance No. 2010 -18 approving Development Agreement No. DA2010 -001. 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