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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, SEPTEMBER 27, 2011, AT 7:00 P.M. COUNCIL CHAMBERS 3300 NEWPORT BOULEVARD MICHAEL F. HENN Mayor NANCY GARDNER Mayor Pro Tem I IlkVo RUSH N. HILL, II Council Member L' EDWARD D. SELICH Council Member STEVEN ROSANSKY Council Member LESLIE J. DAIGLE Council Member 4 A KEITH D. CURRY Council Member DAVE KIFF - City Manager Illp 1 AARON HARP - City Attorney LEILANI BROWN - City Clerk DANA SMITH - Assistant City Manager A J STEPHEN BADUM -Public Works Director / " � t NOTICE TO THE PUBLIC F 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 HEARINGS: 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 & PAGERS OFF OR SET IN SILENT MODE. III. IV. V. VI. VII. VIII. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD SEPTEMBER 27, 2011 STUDY SESSION — 4:00 p.m. CLOSED SESSION — After Study Session — Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(a)): Two matters. 1. MORN v. City of Newport Beach, Orange County Superior Court Case No. 30-2011 - 00447004-CU-WM-CJC 2. Morningside Recovery, LLC v. City of Newport Beach, Orange County Superior Court Case No. 30- 2011 - 00505900 -CU -WM -CJC B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to Government Code § 54956.9(b)(1)): The September 15, 2011 fallen Eucalyptus tree incident near the intersection of Irvine Avenue and Westcliff /17`h Street. C. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — INITIATION OF LITIGATION (Government Code § 54956.9(c)): One matter. D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Agency Designated Representatives: Dave Kiff, City Manager; Dana Smith, Assistant City Manager; Terri Cassidy, Human Resources Director; and Richard Kreisler, Special Counsel and Negotiator Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Fire Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA); Police Employees' Association (PEA); and Fire Management Association (FMA); City Employees Association (NBCEA); Newport Beach Professional & Technical Employees Association (NBPTEA); Newport Beach Employees League (NBEL); Newport Beach Part -Time Unit (UPEC, Local 777) RECESS RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE INVOCATION — Pastor Bradley Stienstra, Newport Harbor Lutheran Church 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. IX. PRESENTATION Presentation of Checks to the Library from the Friends of the Newport Beach Library and the Newport Beach Public Library Foundation (NBPLF) 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 - 15) 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 MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF SEPTEMBER 13, 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 pursuant to Charter Section 412. B. ORDINANCE FOR ADOPTION 3. MONROVIA AVENUE AMENDMENTS — 1537 MONROVIA AVENUE (PA2011- 082) AND 1539 MONROVIA AVENUE (PA2011 -105) — AMENDMENT TO THE ZONING MAP TO CHANGE THE DESIGNATION OF THE SUBJECT PROPERTIES FROM MULTI -UNIT RESIDENTIAL (RM 2420) TO GENERAL INDUSTRIAL (IG .50 FAR). Conduct second reading and adopt Ordinance No. 2011 -23 approving Code Amendment No. CA2011 -008 and Code Amendment No. CA2011 -009. C. RESOLUTIONS FOR ADOPTION 4. ADOPTION OF REVISED EMERGENCY OPERATIONS PLAN (EOP). a) Adopt Resolution No. 2011 -93 revising the City's Emergency Operations Plan pursuant to Chapter 2.20 of the Newport Beach Municipal Code and directing staff to submit to the California Emergency Management Agency (Cal EMA); and b) rescind Resolution No. 2004 -7 adopted by the City Council on January 27, 2004, which adopted the previous version of the City's Emergency Operations Plan. 5. AMENDMENT NO. ONE TO CITY MANAGER'S EMPLOYMENT AGREEMENT. Adopt Resolution No. 2011 -94 approving and authorizing the Mayor and City Clerk to execute Amendment No. One to the City Manager's Employment Agreement. D. CONTRACTS AND AGREEMENTS 6. WAYFINDING SIGN PROJECT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4040. 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. 7. BALBOA THEATER POTENTIAL LEASE AMENDMENTS. Continue the item to the October 11, 2011, City Council meeting to allow for sufficient time to research the issue and review the proposed amended lease with the Balboa Foundation prior to Council's review. 8. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH FRIEDMAN, STROFFE, GERARD, P.C. Authorize the City Attorney to enter into a Professional Services Agreement with the law firm of Friedman, Stroffe & Gerard, P.C. 9. PROFESSIONAL SERVICES AGREEMENTS WITH THE PLANNING CENTER FOR ENVIRONMENTAL SERVICES FOR THE KOLL CENTER NEWPORT AND UPTOWN NEWPORT VILLAGE MIXED -USE DEVELOPMENTS (PA2010- 132 & PA2011 -134). Approve the two Professional Services Agreements, and authorize the Mayor and City Clerk to execute the Agreements. 10. AGREEMENT WITH VISIT NEWPORT BEACH, INC. (VNB) FOR DESTINATION MARKETING SERVICES. a) Authorize the Mayor and City Clerk to execute the agreement between the City and Visit Newport Beach, Inc. in a manner and form substantially similar to the document attached to the staff report; and b) authorize the City Clerk to seek applications for the City's appointment to the VNB Executive Board. E. MISCELLANEOUS 11. PLANNING COMMISSION AGENDA FOR SEPTEMBER 22, 2011. Receive and file written report. 12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO THE FY2011/12 MAINTENANCE AND OPERATIONS BUDGET. Approve Budget Amendment No. 12BA -009 to increase revenue estimates by $215,500 in Account No. 4091 -5892 (Friends of the Library Donations) - expenditure estimates will be increased by the same amount in Division 4091 (Friends of the Library) and Division 4060 (Literacy Services). 13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION (NBPLF) AND APPROPRIATE FUNDS FOR THE MAINTENANCE AND OPERATIONS BUDGET FOR FY2011/12. Approve Budget Amendment No. 12BA -010 to increase revenue estimates by $165,700 in Account No. 4090 -5893 (Library Foundation /NBPLF) - expenditure estimates will be increased by the same amount in Division 4090 (Literacy Foundation). 14. APPROVAL OF "FREE" RIGHT -TURN STRIPING AND SIGNAGE DESIGN TEMPLATES TO ENHANCE BICYCLE FACILITIES. Approve "free" right turn design templates to be deployed at intersections within the City, as determined by Public Works staff. 15. COUNCIL POLICY MANUAL UPDATE FOR 2011. Approve revisions to Council Policies A -12, B -2, B -8, F -2, F -3, F -4, F -8, F -11, F -13, F -15, F -17, F -19, F -25, H- 3, 1 -1, 1 -3, 1 -6, K -1, K -2, K -3, K -4, K -5, K -7, K -8, K -9, K -10, K -11, L -18 and L -22; and deletion of Council Policies F -6, F -12, F -16, F -18, F -22, F -24 and F -26. 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 16. FLETCHER JONES VEHICLE STORAGE FACILITY (PA2011 -076). Continue the item to the City Council meeting of October 11, 2011. 17. ANNUAL REVIEW OF THE ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT FOR SOBER LIVING BY THE SEA, INC. (SLBTS) (PA2010 -150). Continue the item to the City Council meeting of October 11, 2011. XVII. 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. XVIII. ADJOURNMENT