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Home My WebLink About0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JANUARY 25, 2011, AT 7:00 P.M. COUNCIL CHAMBERS 3300 NEWPORT BOULEVARD MICHAEL F. HENN Mayor NANCY GARDNER STEVEN ROSANSKY Mayor Pro Tern Council Member RUSH N. HILL, II Council Member LESLIE J. DAIGLE Council Member EDWARD D. SELICH KEITH D. CURRY 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. I£ 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 JANUARY 25, 2011 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 & 54956.9(a)): One matter: Status Report on Pending Litigation: We will report on a global basis on all pending litigation involving the City. This is an informational item only. No action, however, may be taken on any item unless it is specifically noticed below. B. Public Employee Performance Evaluation (Government Code 6 54957(b)(1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of two public employee(s). Titles: City Manager and City Clerk 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. PRESENTATION - 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) 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. XII. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 20) 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 JANUARY 11, 2011. 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. CITYWIDE SPEED LIMIT ORDINANCE — SECOND READING. a) Conduct second reading and adopt Ordinance No. 2011 -1 amending Chapter 12.24 (Special Speed Zones) of the Newport Beach Municipal Code regarding increasing and decreasing State speed limits; and b) direct staff to replace /modify all speed limit signs requiring changes to reflect new speed limits. 4. SECOND READING AND ADOPTION OF ORDINANCE NO. 2011 -2 PERTAINING TO A MUNICIPAL CODE AMENDMENT TO REQUIRE AN OPERATOR LICENSE FOR CERTAIN ESTABLISHMENTS THAT OFFER ALCOHOLIC BEVERAGES FOR ON -SITE CONSUMPTION IN COMBINATION WITH LATE HOURS, ENTERTAINMENT, AND /OR DANCE (PA2010 -041). a) Conduct second reading and adopt Ordinance No. 2011- 2 amending the Newport Beach Municipal Code and incorporating Chapter 5.25 establishing the requirement for an Operator License; and b) adopt Resolution No. 2011- establishing the fee for filing an appeal of the Chief of Police's determination on an Operator License. 5. NEWPORT BUSINESS PLAZA (PA2008 -164) — 4699 JAMBOREE ROAD AND 5190 CAMPUS DRIVE — GENERAL PLAN AMENDMENT NO. GP2008 -007 — PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2009 -001 — TENTATIVE PARCEL MAP NO. NP2010 -006 (COUNTY TMPM NO. 2010 -101). a) Conduct second reading and adopt Ordinance No. 2011- 3 approving Planned Community Development Plan Amendment No. PD2009 -001 to amend the Koll Center Newport Planned Community text. 6. AMENDMENT OF THE NEWPORT BEACH MUNICIPAL CODE, TITLE 9 — FIRE CODE. Conduct second reading and adopt Ordinance No. 2011 -4 amending the Newport Beach Municipal Code Title 9, Chapter 9.04 (Fire Code), by amending Section 9.04.040, Section 9.04.050, Section 9.04.060, Section 9.04.070, and Section 9.04.0120. ADOPTION OF AMENDMENTS TO THE 2010 CALIFORNIA BUILDING CODES AND NEWPORT BEACH MUNICIPAL CODE, AND ADOPTION OF THE 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE AND 2009 UNIFORM SWIMMING POOL AND HOT TUB CODE. a) Conduct second reading and adopt Ordinance No. 2011 -5 relating to adoption of amendments to the 2010 California Building Codes and Newport Municipal Code, and adoption of the 2009 International Property Maintenance Code and 2009 Uniform Swimming Pool and Hut Tub Code; and b) adopt Resolution No. 2011 -9 setting forth findings for the proposed amendments. C. ORDINANCE FOR INTRODUCTION 8. PUBLIC PIER TIME LIMITS AND RULES: ORDINANCE RELATING TO AMENDING THE TIME LIMITS AND RULES FOR THE CITY S PUBLIC PIERS. Introduce Ordinance No. 2011 -_ amending Newport Beach Municipal Code Section 17.01.030, Section 17.25.010, and Section 11.20.060 which amends the time limits and rules for the City's public piers, and pass to second reading on February 8, 2011. D. RESOLUTIONS FOR ADOPTION 9. BUCK GULLY RESTORATION PROJECT - CONTRACT NO. 3780 - ADOPTION OF THE MITIGATED NEGATIVE DECLARATION (MND). Adopt Resolution No. 2011 -_ approving the Buck Gully Restoration Project Mitigated Negative Declaration (MND) and the Mitigation Monitoring and Reporting Program (MMRP) on the basis of the entire environmental review record. 10. RESOLUTION MODIFYING THE PAYING AND REPORTING OF THE VALUE OF THE EMPLOYER PAID MEMBER CONTRIBUTION FOR PART - TIME EMPLOYEES AND CITY COUNCIL MEMBERS. Adopt Resolution No. 2011 - to modify the paying and reporting of the value of the Employer Paid Member Contribution to the California Public Employees Retirement System (PERS) for Part -time Employees and City Council Members. E. CONTRACTS AND AGREEMENTS 11. PROFESSIONAL SERVICES AGREEMENT WITH JON C. KINLEY DBA ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES (ECIS) FOR GREASE CONTROL DEVICE INSPECTION PROGRAM, GREASE CONTROL DEVICE PLAN REVIEW AND SERVICES, AND POST SANITARY SEWER OVERFLOW INSPECTIONS. Approve an agreement with ECIS for grease control device inspection program, plan review services and post sanitary sewer overflow inspection services for one year with an option of two one- year extensions, and authorize the Mayor and City Clerk to execute the agreement. 12. DREDGING REGIONAL GENERAL PERMIT RENEWAL AND SEDIMENT TESTING - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH NEWFIELDS. Approve a Professional Services Agreement with NewFields for sediment analytical services for the renewal of the City's RGP -54 at a contract price of $112,500, and authorize the Mayor and City Clerk to execute the agreement. 13. PURCHASE OF 2011 JUNIOR LIFEGUARD PROGRAM UNIFORMS. Award the 2011 City of Newport Beach Junior Lifeguard Program uniform purchase to Quiksilver, for the total cost of $138,000, plus tax. 14. GRANT OF EASEMENT AND JOINT USE MAINTENANCE AGREEMENT - 2700 WEST COAST HIGHWAY. Approve the Grant of Easement and Joint Use Maintenance Agreement between the City and Mariners Mile Company (Ned McCune, Grantor and General Partner). 15. CORONA DEL MAR WATER TRANSMISSION MAIN — PROFESSIONAL SERVICES AGREEMENT FOR CONTRACT NO. 4603. Approve a Professional Services Agreement with PSOMAS of Santa Ana, for design and construction support services at a not -to- exceed fee of $302,617, and authorize the Mayor and City Clerk to execute the agreement. F. MISCELLANEOUS 16. PLANNING COMMISSION AGENDA FOR JANUARY 20, 2011. Receive and file written report. 17. REQUEST FOR BUDGET AMENDMENT TO COVER SPECIALTY LITIGATION COSTS — PARTICULARLY GROUP HOMES LITIGATION. Approve Budget Amendment No. 11BA -028 to transfer $262,900 from reserves to budget line item 0510 -8657 in order to cover the cost of Group Homes litigation and other specialty litigation year to date and through the balance of the year. 18. REVIEW OF OFFICE OF THE CITY ATTORNEY MISSION, GOALS AND STANDARDS. Receive and file, or give direction as deemed appropriate. 19. PAPER REDUCTION PROJECT — I- PAD /TABLET PILOT. Receive and file. 20. PROPOSED AMENDMENTS TO COUNCIL POLICY F -14 AND PURCHASING POLICY F -5. Adopt Resolution No. 2011- amending Council Policies F -14 (Authority to Contract for Services) and F -5 (Purchasing Authority for Goods and Materials). 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. 21. MESA CONSOLIDATED WATER DISTRICT TELECOMMUNICATIONS FACILITY PERMIT (PA2010 -046) — 36 RIDGELINE DRIVE — TELECOM PERMIT NO. 2010- 005 — REQUEST FOR A WIRELESS TELECOMMUNICATIONS FACILITY PERMIT TO INSTALL A SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM. a) Review the application, pursuant to Section 15.70.070(F) of the Newport Beach Municipal Code; and b) adopt Resolution No. 2011 -_ approving Telecommunications Permit No. 2010 -005, subject to the findings and conditions of approval. 22. LIDO VILLAGE CONCEPTUAL PLAN. Provide additional input to the design team and staff on re -use opportunities for the existing City Hall site and larger Lido Village concept plan, and if appropriate, approve Alternative 5B as the final concept plan. 23. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING SECTIONS 6.04.070 AND 6.040.240 OF TITLE 6 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO COLLECTION OF GARBAGE AND RECYCLABLES AND PENALTIES FOR VIOLATIONS OF CHAPTER 6.04. Introduce Ordinance No. 2011 -_ amending the Newport Beach Municipal Code Section 6.04.070 and 6.040.240 of Title 6 of the Newport Beach Municipal Code pertaining to collection of garbage and recyclables and penalties for violations of chapter 6.04, and pass to second reading on February S, 2011. 24. REQUEST APPROVAL FOR ORGANIZATIONAL AND STAFFING CHANGES IN COMMUNITY DEVELOPMENT DEPARTMENT AND CITY MANAGER'S OFFICE. Review and approve proposed staffing and organizational changes for the Community Development Department and City Manager's Office. 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. MOTION FOR RECONSIDERATION items generally considered to be within the subject must limit comments to three (3) minutes. Before 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