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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JUNE 14, 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 EDWARD D. SELICH Council Member LESLIE J. DAIGLE Council Member KEITH D. CURRY 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 JUNE 14, 2011 STUDY SESSION — 3:00 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 v. Newport Beach, USDC Ninth Circuit Case No. SACV 08 -00457 JVS (RNBx) /USDC Case No: 11 -55460 2. Newport Coast Recovery and Yellowstone Recovery v. City of Newport Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx) 3. MORN v. City of Newport Beach, OCSC Case No. 30- 0211 - 0044700 B. Conference with Legal Counsel — Anticipated Litigation — Initiation of Litigation (Government Code S 54956.9(c)): Two matters: 1. Potential initiation of litigation against Morningside Recovery, LLC for failure to comply with Zoning Agreement. 2. Potential initiation of litigation against Dennis Holland to abate a public nuisance due to a violation of Newport Beach Municipal Code Chapter 10.64 at 2200 Holiday. C. Conference with Labor Negotiators (Government Code 6 54957.6): Agency Designated Representatives: Dave Kiff, City Manager, Terri Cassidy, Human Resources Director Employee Organization: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA); Police Employees Association (PEA); City Employees Association (CEA); Newport Beach Professional & Technical Employees Association (Prof - Tech); Newport Beach Employees League (NB LEAGUE); Newport Beach Part -Time Unit (UPEC, Local 777) D. 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 one public employee. Title: City Attorney 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. 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 Tim McCalmont, Presbyterian Church of the Covenant IX. PRESENTATIONS City of Newport Beach Youth Council Disneyland Scholarship Program L.E.A.F. Winner Citizen of the Year — Tom Johnson 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 - 23) 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 MEETINGS OF MAY 24, 2011. Waive reading of subject minutes, approve as written, and order filed. E B. 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. 3. CITY ADMINISTRATIVE DEPARTMENT RESTRUCTURING AND RENAMING. Introduce Ordinance No. 2011 -17, amending Chapter 2.12 of Title 2 of the Newport Beach Municipal Code pertaining to administrative departments and organization of the City, and pass to second reading on June 28, 2011. C. RESOLUTIONS FOR ADOPTION 4. ADOPTION OF FISCAL YEAR 2011 -12 APPROPRIATIONS LIMIT. Adopt Resolution No. 201145 adopting the City's Appropriation (Gann) Limit for Fiscal Year 2011 -12 in the amount of $144,448,989. 5. AUTHORIZATION FOR THE PUBLIC WORKS DIRECTOR AND /OR CITY ENGINEER TO EXECUTE AGREEMENTS AND AMENDMENTS FOR FEDERALLY FUNDED TRANSPORTATION PROJECTS. Adopt Resolution No. 2011 -46 authorizing the Public Works Director and /or City Engineer to execute all necessary agreements and amendments for federally funded projects with Caltrans, consistent with, but not exceeding the authority already granted to Department Heads by City Council as denoted within the City's Codes and Policies. 6. NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: 2010 -2011 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2011 -2012. a) Approve the Newport Beach Restaurant Association Business Improvement District Fiscal Year 2010- 2011 Annual Report; b) adopt Resolution of Intention No. 2011 -47 to Levy Assessments and set the public hearing for June 28, 2011; and c) confirm the Restaurant Association Business Improvement District 2011 Advisory Board, as nominated by the general membership at the 2010 Annual Meeting, as follows: • Sheri Drewry, President* Wilma's Patio • Jim Walker, Treasurer* The Bungalow • John Robinson, Secretary* Amelia's Restaurant • Ali H. Zadeh, Member at Large* Port Restaurant & Bar • Stephano Albano, Vice Pres.* El Torito Grill • Tony Mokatef Tommy Bahama's • Chris Ann Richards Wine Lab • Dave Salisbury Harborside Restaurant • John Bullard Newport Landing • Miguel Rodriguez* Maestro's Ocean House • Nicole Hay 21 Oceanfront • Robert Ramirez The First Cabin • Sam Tila Royal Thai Cuisine • Steve Kim Five Crowns *Executive Board BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: 2010 -2011 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2011 -2012. a) Approve the Balboa Village Business Improvement District Fiscal Year 2010- 3 2011 Annual Report; b) adopt Resolution of Intention No. 2011 -48 to Levy Assessments and set the public hearing for June 28, 2011; and c) confirm the Balboa Village Business Improvement District 2011 Advisory Board, as nominated by the 2010 BID Advisory Board, as follows: • Bob Black Catalina Passenger Service • Butch Wilson Balboa Saloon • Tony George Surfside Silver • Patrick Moore Fun Zone Rides • Ralph Rodheim Balboa Boat Rental • Mike Thompson Davey's Locker • Craig Batley Baywalk, Inc. — Bungalow Basics 8. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: 2010.2011 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2011.2012. a) Approve the Marine Avenue Business Improvement District Fiscal Year 2010 -2011 Annual Report; b) adopt Resolution of Intention No. 2011 -49 to Levy Assessments and set the public hearing for June 28, 2011; and c) confirm the Marine Avenue Business Improvement District 2011 Advisory Board, as nominated by the 2010 BID Advisory Board, as follows: • Sheri Drewry Wilma's Patio • John Robinson Amelia's Restaurant • Anne Moloney Beach Time Realty • Alexandra Richardson HOM Realty • Pam Hubbard Persimmon Tree • Eldy Galieta Barolo by the Sea 9. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: 2010 -2011 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2011 -2012. a) Approve the Corona del Mar Business Improvement District Year 2010 -2011 Annual Report; b) adopt Resolution of Intention No. 2011 -50 to levy assessments and set the public hearing for June 28, 2011; and c) confirm the Corona del Mar Business Improvement District 2011 -2012 Advisory Board, as nominated by the 2011 general membership, as follows: • Bernie Svalstad Newport Factoring • Jim Walker • Scott Laidlaw • Keith Dawson • Ali Zadeh • Tom Nicholson • Tina B. Hoover The Bungalow Laidlaw Shultz Architects Dawson and Dawson The Port Nicholson Companies Law Offices of Tina Hoover 10. ANNUAL MEASURE M FUND ELIGIBILITY REQUIREMENTS. a) Adopt the Seven -Year Measure M CIP; b) adopt Resolution No. 2011 -51 affirming that the City's Circulation Element is in conformance with the Regional Master Plan of Arterial Highways; and c) direct staff to submit all necessary material to OCTA to satisfy the Measure M annual eligibility requirements. D. CONTRACTS AND AGREEMENTS 11. PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM HEZMALHALCH ARCHITECTS FOR THE PREPARATION OF DESIGN GUIDELINES FOR THE LIDO VILLAGE AREA. Authorize the City Manager to execute a professional services agreement with Wiliam Hezmalhalch Architects for the preparation of landscape and architectural design guidelines for the Lido Village Area. 12. AGREEMENT BETWEEN MUNICIPAL WATER DISTRICT OF ORANGE COUNTY ( MWDOC) AND ITS MEMBER AGENCIES. Authorize the Mayor to execute the agreement with MWDOC and 28 Member Agencies which outlines improvements in the way MWDOC works with its agencies. 13. TRAFFIC SIGNAL MODERNIZATION PROJECT PHASE 5 — AWARD OF CONTRACT (C- 4698). a) Approve the project drawings and specifications; b) award Contract No. 4698 to Select Electric, Inc. for the total bid price of $508,372.50, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $51,000.50 (10 %) to cover the cost of unforeseen work. 14. TRAFFIC SIGNAL MODERNIZATION PROJECT PHASE 5 — APPROVAL OF PURCHASE CONTRACT WITH ECONOLITE CONTROL PRODUCTS, INC. Approve a Purchase Contract with Econolite Control Products, Inc. of Anaheim, for purchase and installation of advanced traffic signal control equipment for Phase 5 of the Traffic Signal Modernization Project, at a not to exceed price of $212,621.40, and authorize the Mayor and City Clerk to execute the agreement. 15. CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT — COMPLETION AND ACCEPTANCE (C- 4315). 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. 16. STREETLIGHT IMPROVEMENT PROJECT FOR FY 2010 -2011 — AWARD OF CONTRACT (C- 4605). a) Approve the project plans and specifications; b) award Contract No. 4605 to Steiny and Company, Inc. for the total bid price of $585,510.75, and authorize the Mayor and the City Clerk to execute the contract; and c) establish a contingency of $59,489.25 to cover the cost of unforeseen work. 17. ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT — COMPLETION AND ACCEPTANCE (C- 4232). 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; c) release the Faithful Performance bond one year after Council acceptance; and d) approve Budget Amendment No. 11BA -046 transferring $7,185.00 from account 7013- C2202000 to account 7013- C2202002. 18. HARBOR VIEW HILLS SOUTH AND NEWPORT HEIGHTS PAVEMENT REHABILITATION — AWARD OF CONTRACT (C- 4609). a) Approve the project drawings and specifications; b) award Contract No. 4609 to R.J. Noble Company for the total bid price of $1,247,650, and authorize the Mayor and City Clerk to execute the contract; c) establish an amount of $125,000 (10 %) to cover the cost of unforeseen work; and d) approve Budget Amendment No. 11BA -045 transferring $202,000 from Account No. 7281- C20020024 to Account No. 7281 - C2002039. E. MISCELLANEOUS 19. PLANNING COMMISSION AGENDA FOR JUNE 9, 2011. Receive and file written report. 20. BOARD AND COMMISSION SCHEDULED VACANCIES — CONFIRMATION OF NOMINEES. Confirm the nominations made by the Ad Hoc Appointments Committee, as listed in the staff report. 21. AMENDMENTS TO THE BOARD OF LIBRARY TRUSTEES BY -LAWS. Approve the revisions to the Board of Library Trustees By -Laws. 22. BUDGET AMENDMENT TO PURCHASE EMERGENCY SEISMIC RESPONSE EQUIPMENT. Approve Budget Amendment No. 11 BA -044 transferring a total of $27,319.38 from the Seismic Safety deposit account, 010 -2226, to the Building - Inspection, Tools & Instrumentation expenditure account 2920 -8240. 23. ORDINANCE PERTAINING TO THE BUILDING AND FIRE BOARD OF APPEALS; AND RESOLUTION SETTING FORTH THE MEMBERSHIP, TERM, AND PURPOSE AND RESPONSIBILITIES OF THE BUILDING AND FIRE BOARD OF APPEALS. Continue this item to the June 28, 2011 City Council meeting to provide staff sufficient time to address the questions raised by City Council on May 10, 2011. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. 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. XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVI. PUBLIC HEARINGS 24. T- MOBILE TELECOMMUNICATIONS PERMIT (PA2011 -021) — 20311 ACACIA STREET. a) Conduct public hearing and review; and b) adopt Resolution No. 2011 -52 approving Telecommunications Permit No. TP2011 -005, subject to findings and conditions of approval. 25. 2010 URBAN WATER MANAGEMENT PLAN (UWMP). a) Conduct a public hearing; b) adopt Resolution No. 2011 -53 approving the 2010 UWMP; and c) direct staff to fulfill the notification requirements set forth in the Water Code once the UWMP is adopted. C E4kT /lI EWIII 26. VIA LIDO AMENDMENTS (PA2011 -024) — 3363, 3377 VIA LIDO AND 3378 VIA OPORTO - AMENDMENTS TO THE GENERAL PLAN, COASTAL LAND USE PLAN, AND THE ZONING CODE TO CHANGE THE DESIGNATIONS OF SUBJECT PROPERTY FROM MULTIPLE -UNIT RESIDENTIAL (RM) TO MIXED -USE VERTICAL (MU -V). Continue the item to the June 28, 2011 City Council meeting due to the heavy agenda. 27. PERIODIC REVIEW OF COMPLIANCE OF ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT FOR MORNINGSIDE RECOVERY, LLC (PA2011 -107). a) Conduct a public hearing; b) find that Morningside has not demonstrated good faith compliance with the terms and operational conditions of the Zoning Agreement based on substantial evidence; and c) direct staff to issue a written notice to Morningside specifying the manner in which Morningside has failed to comply and state the steps Morningside must take to bring itself into compliance. 28. RESOLUTION NO. 2011 -54: FISCAL YEAR 2011 -12 BUDGET ADOPTION. a) Conduct the public hearing on the Proposed Fiscal Year 2011 -12 Budget and, after receiving the staff report and taking public input, discuss and accept Council Member recommendations for additions, deletions, or modifications to the budget checklist; b) conduct a straw vote on each checklist item, including those added by council members at the hearing, to the City's Proposed Fiscal Year 2011 -2012 Budget. Based on the straw vote, items approved will be included in the Final Fiscal Year 2011 -12 Budget; and c) if desired, adopt Resolution No. 2011 -54 adopting the City's Fiscal Year 2011 -12 Budget, as amended by Items a and b. 29. COMPENSATION PHILOSOPHY. Adopt Resolution 2011 -55 relating to a compensation philosophy for the City of Newport Beach. 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 — In memory of Masao Kato