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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JUNE 28, 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 28, 2011 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. Benard v. Newport Beach, Orange County Superior Court Case No. 30- 2011 - 00456286 2. Frizzell and Shulman v. Newport Beach, Orange County Superior Court Case No. 30- 2011- 00472517 -C U -O E -CJ C 3. Matheis v. Newport Beach, Orange County Superior Court Case No. 30 -2011- 00477924 4. Nine v. Newport Beach, Orange County Superior Court Case No. 30- 2011- 00465231- CJC B. Conference with Labor Negotiators (Government Code G 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) C. Conference with Real Property Negotiator (Government Code 6 54956.8): One matter. Property: Marina Park Mobile Home Park, 1770 W. Balboa Blvd., Newport Beach. City Negotiator: Dave Webb, City Engineer Negotiating Parties: Curtis Fossum State Lands Commission Under Negotiation: Resolution of boundary between Tidelands and Uplands 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. IV. V. VI. VII. VIII. IX. X. EI EI I RECESS RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL CLOSED SESSION REPORT (if applicable) PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS - None 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. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM) CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 14) 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 andlor 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 MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF JUNE 14, 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 INTRODUCTION 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 July 12, 2011. 4. 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. a) Introduce Ordinance No. 2011 -14 amending Section 14.30.030(D) of Chapter 14.30 and adding Chapter 15.80 to Title 15 of the Newport Beach Municipal Code, pertaining to the Building and Fire Board of Appeals, and pass to second reading on July 12, 2011; and b) adopt Resolution No. 2011 -58 setting forth the membership, term, and purpose and responsibilities of the Building and Fire Board of Appeals, and waiving Council Policy A -2 relative to the number of terms that members of the Building and Fire Board of Appeals can serve. C. RESOLUTIONS FOR ADOPTION 5. APPROVAL OF THE ORANGE COUNTY TRANSIT AUTHORITY (OCTA) SENIOR MOBILITY PROGRAM COOPERATIVE AGREEMENT AND ACCEPTANCE OF GRANT FUNDS FOR THE OASIS TRANSPORTATION PROGRAM. a) Adopt Resolution No. 2011 -59 authorizing the Senior Mobility Cooperative Agreement with the Orange County Transportation Authority (OCTA) and acceptance of associated grant funds, effective July 1, 2011 through June 30, 2016, and authorize the Recreation and Senior Services Director to act as the authorized agent for the City to execute any actions necessary to implement the Cooperative Agreement for the Senior Mobility Program. 6. SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING (MOU) WITH THE LIFEGUARD MANAGEMENT ASSOCIATION (LMA). a) Adopt Resolution No. 2011 -60 approving the Supplemental Memorandum of Understanding between the City of Newport Beach and the Newport Beach Lifeguard Management Association (LMA); b) adopt Resolution No. 2011 -61 to eliminate the paying and reporting of the Employer Paid Member Contribution (EPMC) for members of the Lifeguard Management Association. DISPOSITION OF SURPLUS ASSESSMENT DISTRICT FUND BALANCES. a) Adopt Resolution Nos. 2011 -62 and 2011 -63, which authorize the City to charge the Assessment Districts interest for funds advanced to it, declare the remaining improvement fund balance as surplus and provide staff specific direction as to the distribution of improvement fund balances in Assessment Districts 68 (Newport Shores) and 69 (West Newport); b) adopt Resolution Nos. 2011 -64, 2011 -65, 2011 -66, 2011 -67 and 2011 -68, which declare the remaining ITCC fund balance surplus and authorize staff to disburse excess ITCC funds to the current property owners of those parcels whose ITCC obligation was paid in cash in Assessment Districts 70 (Bay Shores), 74 (Island Avenue), 75 (Balboa Village Business), 82 (Goldenrod Avenue) and 86 (Balboa Peninsula); and c) adopt Resolution Nos. 2011 -69, 2011 -70, 2011 -71, 2011 -72, 2011 -73 and 2011 -74, which declare the remaining redemption fund balance as surplus and provide staff specific direction as to the disbursement of excess redemption funds to current property owners in Assessment Districts 58 (Cannery Village), 59 (McFadden Square), 63 (Newport Island), 66 (East Newport), 71 (Balboa Boulevard) and 72 (Balboa Coves). 3 D. CONTRACTS AND AGREEMENTS 8. WEST NEWPORT OIL FIELD REVIEW, EVALUATION, AND MODIFICATION — PROGRAM — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH NETHERLAND, SEWELL & ASSOCIATES, INC. Approve a Professional Services Agreement with Netherland, Sewell & Associates, Inc. (NSAI) of Dallas, Texas, at a cost not to exceed $160,000, and authorize the Mayor and City Clerk to execute the Agreement. 9. SEASHORE DRIVE AND PEARL AVENUE TIDE GATE REPLACEMENT — COMPLETION AND ACCEPTANCE OF CONTRACT 4476. 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. 10. STREETLIGHT MAINTENANCE SERVICE AGREEMENT. Approve the contract between Fluoresco Lighting & Signs, Inc. of Pomona and the City of Newport Beach for streetlight maintenance services, and authorize the Mayor and City Clerk to execute the contract. 11. APPROVAL OF AGREEMENT FOR PARAMEDIC /MEDICAL BILLING AND COLLECTION SERVICES. Approve the execution of an agreement directly with Wittman Enterprises for ambulance billing collection services in the amount of up to $165,000 annually for a period of three years with the option to renew for two additional one year periods. E. MISCELLANEOUS 12. PLANNING COMMISSION AGENDA FOR JUNE 23, 2011. Receive and file written report. 13. REAFFIRM COUNCIL INVESTMENT POLICY (F -1). Reaffirm Council Investment Policy (F -1). 14. REVIEW OF THE NEIGHBORHOOD REVITALIZATION COMMITTEE'S PRIORITY RECOMMENDATIONS FOR THE SIX NEIGHBORHOOD REVITALIZATION AREAS. Affirm the Neighborhood Revitalization Committee's priority recommendations for the following revitalization areas: Priority 1 — Beginning in Fiscal Year 2011/12: 1) Via Lido Marina Village /City Hall site, 2) Balboa Village, 3) West Newport Beach - Balboa Boulevard, West Coast Highway, 4) Corona del Mar entry at MacArthur Boulevard, 5) Santa Ana Heights — Bristol Street; and Priority 2 — Beginning in Fiscal Year 2012/13: 1) Mariner's Mile. 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 15. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2011 -2012. a) Hold public hearing regarding the renewal of the Balboa Village Business Improvement District (BID); and b -1) if protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2011 -75 confirming the levy of the BID assessment for the 2011 -12 fiscal year OR b -2) if protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the district. 16. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2011 -2012. a) Hold public hearing regarding the renewal of the Marine Avenue Business Improvement District; and b -1) if protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2011 -76 confirming the levy of the BID assessment for the 2011 -12 fiscal year OR b -2) if protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the district. 17. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2011 -2012. a) Hold public hearing regarding the renewal of the Corona del Mar Business Improvement District; and b -1) if protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2011 -77 confirming the levy of the BID assessment for the 2011 -12 fiscal year OR b -2) if protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the district. 18. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2011- 2012. a) Hold public hearing regarding the renewal of the Restaurant Association Business Improvement District; and b -1) if protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2011 -78 confirming the levy of the BID assessment for the 2011 -12 fiscal year OR b -2) if protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the district. 19. 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). [Continued from the June 14, 2011 meeting] a) Conduct public hearing; b) adopt Resolution No. 2011 -79 approving General Plan Amendment No. GP2011 -003 and Local Coastal Plan Amendment No. LC2011 -002; and c) introduce Ordinance No. 2011 -18 approving Code Amendment No. CA2011 -005, and pass to second reading on July 12, 2011. 20. 3- THIRTY -3. WATERFRONT RESTAURANT APPEAL (PA2011 -041) — 333 BAYSIDE DRIVE — CONDITIONAL USE PERMIT NO. UP2011 -007 — AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF AN APPLICATION FOR A NEW CONDITIONAL USE PERMIT REQUESTING TO INCREASE THE HOURS OF OPERATION FOR AN EXISTING OUTDOOR DINING PATIO FROM 9:00 A.M. TO 9:30 P.M. DAILY TO 9:00 A.M. TO 1:00 A.M. DAILY. a) Conduct the public hearing; and b) uphold or reverse the decision of the Planning commission and adopt Resolution No. 2011 -80 for Conditional Use Permit No. UP 2011 -007. 21. RESOLUTION NO. 2011 -54: FISCAL YEAR 2011 -12 BUDGET ADOPTION. a) Hold the public hearing on the City Manager's Proposed Fiscal Year 2011 -12 Budget that was continued from June 14, 2011; b) conduct a straw vote on each checklist item; and c) adopt Resolution No. 2011 -54 adopting the City Manager's Proposed Fiscal Year 2011 -12 Budget as amended by Item a. XVII. CURRENT BUSINESS 22. FY 12 SPECIAL EVENT SUPPORT RECOMMENDATIONS. Approve the Special Event Support funding levels detailed in Attachment A for FY 12 and authorize staff to execute agreements with each event organizer. 23. APPOINTMENTS TO BOARDS AND COMMISSIONS. a) Make appointments to the Boards and Commissions from the nominees listed below: Board of Library Trustees [2 vacancies /Vote for 2] Gloria Alkire Jill Johnson - Tucker Eleanor Palk Barbara Thibault Building and Fire Board of Appeals [1 vacancy/ Vote for 1] James Anderson William (Bill) Dildine City Arts Commission [1 vacancy/ Vote for 1] Josefina Aguilar Arlene Greer Michaell Magrutsche Civil Service Board (Civil Service Board nominee) [1 vacancy/ Vote for 1] 1.Hugh Logan (incumbent) 2. Lloyd Ikerd 3.Willard Dunlap Harbor Commission [1 vacancy/ Vote for 1] William Avery Chandler Bell Parks, Beaches & Recreation Commission [2 vacancies/ Vote for 21 Roy Englebrecht William Hossfeld Fred Stefany Jack Tingley Planning Commission [2 vacancies/ Vote for 21 Steven Coyne Kory Kramer Jay Myers Charles Rotkin; and b) waive Council Policy A -2's limitation on persons serving on more than one standing City Board, Commission or Committee. 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