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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, December 8, 2009 Regular Council Meeting - 5:30 p.m. EDWARD D. SELICH Mayor KEITH D. CURRY DON WEBB Mayor Pro Tern Council Member MICHAEL F. HENN Council Member STEVEN ROSANSKY Council Member LESLIE J. DAIGLE Council Member NANCY GARDNER Council Member DAVE KIFF - City Manager LEILANI BROWN - City Clerk DAVID HUNT - City Attorney SHARON WOOD - 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 December 8, 2009 I. STUDY SESSION - Cancelled. II. CLOSED SESSION - 6:00 p.m. - Council Chambers Conference Room A. Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9(a)), One matter: 1. Frank Liger u. City of Newport Beach et. al-, Orange County Superior Court Case No. 30- 2008 - 00113002, 2. Arnie T. Pike v. City of Newport Beach, U.S.D.C, Case No. CV 08.8580 DSF (RNBx). B. Public Employee Performance Evaluation (Government Code & 64957(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(s). • Title: City Clerk III. RECESS IV. RECONVENE AT 5.30 P.M, FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT (if applicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Mr. Frank Carpenter DC- PRESENTATION Newport Beach Sister Cities Association ( NBSCA) Presentation of a 25th Anniversary Gift to Mayor Selich and NBSCA President Cherri Penne -Myers from Mayor Koichi Shibata, Mayor of Newport Beach's Sister City, Okazaki, Japan K CITY COUNCIL REORGANIZATION (7.•00 p.m. time certain) A. ELECTION OF MAYOR. 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.newportbeachm.gov. The City Clerk presides over the election of the Mayor. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: a) Conduct oral nominations for Mayor and conduct election by roll call vote; b) new Mayor is announced by the City Clerk; and c) Mayor takes proper place at Council dais. B. ELECTION OF MAYOR PRO TEM. The Mayor presides over the election of the Mayor Pro Tem. The Mayor, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: a) Conduct oral nominations for Mayor Pro Tem and conduct election by roll call vote; b) new Mayor Pro Tem is announced by the City Clerk; and c) Mayor Pro Tem takes proper place at Council dais. C. SEATING ARRANGEMENTS FOR CITY COUNCIL. Action: Council decides on seating arrangement of Council dais (senior Council Members having first preference). D. REMARKS. Action: a) Presentation of gavel plaque to outgoing Mayor; b) outgoing Mayor's remarks; and c) new Mayor's remarks. XI. 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. XII. _QTY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON - DISCUSSION ITEM): XIII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 16) 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 OF THE REGULAR MEETING AND STUDY SESSION OF NOVEMBER 24, 2009. 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. 3. CONSTRUCTION AND MAINTENANCE PROJECTS IN RESIDENTIAL DISTRICTS CODE AMENDMENT. Adopt Ordinance No. 2009 -27, adding Chapter 10.64 W the Newport Beach Municipal Code requiring a permit for construction and maintenance projects in residential districts, and amending Section 10.50.010 of the Newport Beach Municipal Code to include additional definitions, and amending Section 10.50.020 of the Newport Beach Municipal Code to include additional nuisances. 4. WATER UTILITY RATE INCREASE AND ORDINANCE AMENDMENT. Adopt Ordinance No. 2009 -29, amending Newport Beach Municipal Code Chapter 14.12 (Water Rates and Charges), Section 14.12.020 (Water Rates Established). b. SECOND READING AND ADOPTION OF ORDINANCE 2009 -30, AN AMENDMENT TO TITLE 19, -SUBDIVISIONS', OF THE NEWPORT BEACH MUNICIPAL CODE, CODE AMENDMENT NO. CA2009 -003 (PA2009 -087). Adopt Ordinance No. 2009 -30 as revised and introduced by the City Council on November 24, 2009, amending various sections of Title 19, "Subdivisions ", of the Newport Beach Municipal Code (Attachment CC 1). 6. AMENDMENT TO THE NEWPORT BEACH MUNICIPAL CODE TITLE 9 - FIRE CODE. Adopt Ordinance No. 2009 -31, amending Title 9, Chapter 9.04, Section 9.04.040, Subsection 511 (Public Radio System Coverage) and Subsection 512 (Building Information) of the Newport Beach Municipal Code. NEW BACKGROUND CHECK REQUIREMENTS FOR CERTIFICATION OF EMERGENCY MEDICAL TECHNICIANS - Is (EMT -Is). Adopt Resolution No. 2009 -89 authorizing the City of Newport Beach Fire Department to access State and Federal level criminal history information for certification purposes. 8. ADOPTION OF RESOLUTION 2009 -91, CREATING A CHARTER UPDATE COMMISSION. a) Confirm the number of individuals to have on the Commission; b) confirm and appoint the Council Member's to the subcommittee to review applications for recommended appointment to the Commission; and c) adopt Resolution No. 2009 -91 creating and instructing the Commission. D. CONTRACTS AND AGREEMENTS 9. JANUARY 2010 RESTAURANT WEEK PROFESSIONAL SERVICES AGREEMENT. a) Waive the requirements of City Council Policy F -14; and b) approve and authorize the Mayor and City Clerk to sign the January 2010 Restaurant Week Professional Services Agreement between the City and California Marketing Concepts. [continued from the 11124109 meeting) 10. PROFESSIONAL SERVICES AGREEMENT WITH LARRY PAUL AND ASSOCIATES TO ASSIST HARBOR RESOURCES WITH INTER - GOVERNMENTAL COLLABORATION, PROJECT DEVELOPMENT / IMPLEMENTATION AND NEGOTIATING AN EELGRASS MANAGEMENT PLAN FOR NEWPORT HARBOR WITH THE REGULATING AGENCIES. a) Authorize the Mayor to execute a Professional Services Agreement with Larry Paul and Associates to provide consulting services to Harbor Resources and to assist in negotiating an Eelgrass Management Plan; and b) approve Budget Amendment No. IOBA -022 appropriating $24,500 from unappropriated reserves (Tidelands) to #2731 -8080 (Professional and Technical Services). 11. BIG CANYON CREEK RESTORATION PROJECT - APPROVAL OF A REIMBURSEMENT AGREEMENT WITH ORANGE COUNTY SANITATION DISTRICT FOR DESIGN AND CONSTRUCTION OF A MAINTENANCE ROAD IN BIG CANYON. Approve an agreement with the Orange County Sanitation District (OCSD) for reimbursement by OCSD for costs associated with design of the Big Canyon Creek Restoration Project and for reimbursement of future costs associated with managing, permitting, gaining CEQA approvals and constructing an OCSD maintenance road as part of a future restoration project in Big Canyon Creek. 12. KINGS ROAD/KINGS PLACE PAVEMENT RECONSTRUCTION (C -4095) - COMPLETION AND ACCEPTANCE. 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. E. MISCELLANEOUS 13. PLANNING COMMISSION AGENDA FOR DECEMBER 3, 2009. Receive and file written report. 14. 2010 BOWL CHAMPIONSHIP SERIES NATIONAL CHAMPIONSHIP BANNERS - APPROVAL OF ENCROACHMENT PERMIT N2009 -0317. Conditionally approve the request of the Pasadena Tournament of Roses Association for the installation of 178 banners on City streetlight poles from Monday, December 14, 2009, to Monday, January 11, 2010, for the 2010 Bowl Championship Series (BCS) National Championship. Installation will be along Jamboree Road from University Drive to East Coast Highway and MacArthur Boulevard from Campus Drive to Jamboree Road. 15. EXCESS WORKERS COMPENSATION (WC) INSURANCE EXTENSION. Approve the extension of the excess workers compensation coverage for an additional twelve -month period, at the same rate approved at the Council meeting of February 24, 2009. This coverage has a self - insured retention (SIR) of $1 million with statutory coverage limits and premium outlined below. The Workers Compensation Excess Insurance budget for this expense is $450,000, so this would result in budget savings of approximately $125,000 for Fiscal Year 2009/2010. 16. CONTRACT FOR WORKERS COMPENSATION THIRD PARTY ADMINISTRATION (TPA) SERVICES. Authorize the Mayor to approve the contract (Attachment A) for Third Party Administrator (TPA) services with CorVel Corporation. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR XV. 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. XVl. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVII. PUBLIC HEARING 17. COST RECOVERY ORDINANCE (CHAPTER 3.36), FEE RESOLUTION AND MASTER FEE SCHEDULE. [continued from the 11124109 meeting] Action: a) Conduct public hearing; b) introduce the Cost Recovery Ordinance amending Exhibit A to Chapter 3.36 of the Newport Beach Municipal Code, and pass to second reading; and c) adopt Resolution No. 2009 -86, updating the Master Fee Schedule. 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. XDL ADJOURNMENT NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council of the City of Newport Beach has been scheduled for Tuesday, December 8, 2009, at 5:00 p.m. for the purpose of holding a Regular Meeting (early start time). The meeting will be held in the City Council Chambers, 3300 Newport Boulevard, Newport Beach, California. "4v' '� 6w� Leilani I. Brown City Clerk City of Newport Beach