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HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, March 23, 2010 Regular Council Meeting - 7:00 p.m. KEITH D. CURRY Mayor MICHAEL F. HENN Mayor Pro Tern EDWARD D. SELICH Council Member STEVEN ROSANSKY Council Member DON WEBB 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 March 23, 2010 I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 5:15 p.m. - Council Chambers Conference Room A. Conference with Leval Counsel - Anticipated Litigation - Initiation Of Litigation (Government Code § 54956.90: One matter: 1. Potential initiation of litigation against on -line travel companies to recover outstanding transient occupancy tax. B. Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9(A)): Two Matters: Abrams vs. City of Newport Beach; OCSC Case No. 30 -2010- 00346541; USDC Case No. SACV09 -404 DOC (MLGx) C. Public Employee Performance Evaluation (Government Code S 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. 1. Titles: City Attorney D. Conference with Labor Negotiators (Government Code § 54957.6): Agency Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy, Human Resources Director Employee Organizations: Multiple Newport Beach associations: Lifeguard Management Association (LMA), Newport Beach Firefighters' Association (NBFA), Police Management Association (PMA), Police Employees' Association (PEA), Fire Management Association (FMA), and Association of Newport Beach Ocean Lifeguards (ANBOL) E. Conference with Real Property Negotiator (Government Code 4 54956.8): Property Jamboree Road Widening Right of Way at and around SR 73 Overcrossing City Negotiator: Ray Armstrong of Overland, Pacific & Cutler, Dave Webb Negotiating Parties: Lexus, Successor for Downey Savings, Back Bay Court Under Negotiation: Right of Way for Widening of Jamboree Road III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT (if applicable) 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. VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION- Mr. Frank Carpenter IX. PRESENTATION Exchange Club of Newport Harbor Regarding Field of Honor at Castaways Park 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 - 17) 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 OF THE REGULAR MEETING OF MARCH 9, 2010. 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. AMENDMENT TO CHAPTER 17.25 AND 17.50 (SEA LION TIME LIMITS FOR COMPLIANCE). Introduce Ordinance No. 2010 -_ amending Newport Beach Municipal Code Sections 17.25.020 and 17.50.100 relating to sea lion abatement, and pass to second reading on April 13, 2010. 4. AMENDMENTS TO NEWPORT BEACH MUNICIPAL CODE CHAPTER 5.42, REGULATING SOLICITATION WITHIN THE CITY. a) Introduce the proposed amendments to Ordinance No. 2010 -_; and b) pass to second reading and adoption on April 13, 2010. C. RESOLUTIONS FOR ADOPTION 5. AUTHORIZATION TO ACCESS STATE AND FEDERAL CRIMINAL HISTORY INFORMATION FOR KENNEL LICENSING PURPOSES. Adopt Resolution No. 2010 -_1 authorizing the City of Newport Beach Police Department to access state and federal level criminal history information for licensing purposes. 6. AUTHORIZATION TO ACCESS STATE AND FEDERAL CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT PURPOSES. Adopt Resolution No. 2010 -_ authorizing the City of Newport Beach to access state and federal level criminal history information for employment purposes. 7. ESTABLISHMENT OF A CITIZENS TECHNOLOGY TASK FORCE. a) Adopt Resolution No. 2010 -_ establishing a Citizens Technology Task Force to evaluate the City's use of technology and make recommendations to improve efficiency and effectiveness of our technology investment and administration; and b) direct City Clerk to invite members of the public to apply to be appointed to the Task Force. 8. FORMATION OF AN AD HOC COMMITTEE FOR NEGOTIATING THE CONEXANT DEVELOPMENT AGREEMENT. a) Adopt Resolution No. 2010 -_ forming the City Council Ad Hoc Development Agreement Committee for Conexant; and b) confirm the Mayor's appointment of Council Members to the Committee. D. CONTRACTS AND AGREEMENTS 9. POLICE DEPARTMENT GENERATOR REPLACEMENT COMPLETION AND ACCEPTANCE OF CONTRACT (C- 4056). a) Approve 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. PUBLIC DOCK ACCESS IMPROVEMENTS — 15TH, 19TH & FERNANDO STREETS — AWARD OF CONTRACT (C- 4110). a) Approve the project drawings and specifications; b) award Contract No. 4110 to Swift Slip Dock and Pier Builders, Inc. for the Total Bid Price of $154,903 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $10,000 (6.45 %) to cover the cost of unforeseen work. 11. 2009 -2010 CITYWIDE SLURRY SEAL PROGRAM — AWARD OF CONTRACT (C- 4270). a) Approve the project plans and specifications; b) award Contract No. 4270 to American Asphalt South, Inc. for the Total Bid Price of $479,000 and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $48,000 to cover the cost of unforeseen work. 12. OASIS SENIOR CENTER — FITNESS EQUIPMENT AWARD OF CONTRACT TO TECHNOGYM, USA CORPORATION (C4414). a) Approve the proposal for purchase of fitness equipment and service agreement, and b) award Contract No. 4414 to TechnoGym USA, Corporation for the total proposal price of $157,026.43 and authorize the Mayor and the City Clerk to execute the contract. 13. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH TESTAMERICA, INC. FOR THE CITY S LABORATORY PORTABLE WATER SAMPLE TESTING SERVICES. a) Approve Professional Services Agreement with TestAmerica Laboratories, Inc. for the sampling and testing of the portable water system; and b) authorize the Mayor and City Clerk to execute the agreement. E. MISCELLANEOUS 14. PLANNING COMMISSION AGENDA FOR MARCH 18, 2010. Receive and file written report. 15. BUDGET AMENDMENT - SURFING /SAILING/TENNIS RESERVE ACCOUNTS. Approve a budget amendment in the amount of $42,225 and transfer funds from the surfing, sailing and tennis reserve accounts into the General Fund. 16. RESTAURANT WEEK STATUS REPORT AND REQUEST FOR CHANGE OF DATE FOR NEXT RESTAURANT WEEK. a) Receive and file the presentation/report by the Newport Beach Restaurant Association (NBRA) Business Improvement District (BID) on the success of the 4th Annual Restaurant Week in January 2010; b) approve the NBRA BID request that the $50,000 approved by the City Council in June 2009 for a Restaurant Week in October 2010 be redirected to support a 5th Annual Restaurant Week in January 2011; and c) direct staff to distribute an RFP for the January 2011 Restaurant Week. 17. GENERAL PLAN ANNUAL PROGRESS REPORT INCLUDING HOUSING ELEMENT REPORT (PA2007 -195). Receive and file. 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. PUBLIC HEARINGS 18. RESOLUTION 2010 -_ JOINT EXERCISE OF POWERS AGREEMENT RELATING TO CALIFORNIA MUNICIPAL FINANCE AUTHORITY REVENUE BONDS BENEFITING OUR LADY QUEEN OF ANGELS SCHOOL. a) Conduct the public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the "Code "); and b) adopt Resolution No. 2010 -_ authorizing the execution of the Joint Exercise of Powers Agreement with the CMFA, and the sale of not to exceed $50,000,000 CMFA Revenue Bonds. 19. TERMINATION OF NON - EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT. a) Conduct a hearing pursuant to Newport Beach Municipal Code Section 12.63.140; and b) adopt Resolution No. 2010 -_ terminating the solid waste franchise agreement between the City of Newport Beach and Green Environmental Waste & Recycling, LLC. 20. ANNUAL REVIEW OF DEVELOPMENT AGREEMENTS FOR PACIFIC VIEW MEMORIAL PARK (PA2009 -024), NEWPORT HARBOR LUTHERAN CHURCH (PA2009 -137), AND NORTH NEWPORT CENTER (PA2009 -023). a) Conduct a public hearing; b) find that the applicants have demonstrated good faith compliance with terms of their development agreements; and c) receive and file annual reports of development agreements for Pacific View Memorial Park (Attachment No. CC1), Newport Harbor Lutheran Church (Attachment No. CC2), and North Newport Center (Attachment No. CC3). 21. APPEAL OF THE PLANNING COMMISSIONS APPROVAL OF USE PERMIT NO. UP2009 -014 (PA2009 -059) WAIVING THE THREE ADDITIONAL OFF - STREET PARKING SPACES REQUIRED FOR THE CONVERSION OF 3,061 SQUARE -FEET OF RETAIL SPACE TO MEDICAL OFFICE USE IN AN EXISTING MULTI - TENANT BUILDING LOCATED AT 333 OLD NEWPORT BOULEVARD. a) Conduct a public hearing; and b) adopt Resolution No. 2010 -_ denying the appeal and upholding and affirming the decision of the Planning Commission to approve Use Permit No. UP2009 -014. 22. SUNSET RIDGE PARK PROJECT - RESOLUTION 2010 - CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SUNSET RIDGE PARK PROJECT AND RESOLUTION 2010 - ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND APPROVING THE CONCEPTUAL SITE PLAN FOR THE PROJECT. a) Conduct a public hearing on the Sunset Ridge Park Project's Final Environmental Impact Report (FEIR); b) adopt Resolution No. 2010 -_ certifying the Sunset Ridge Park Project's FEIR (SCH. No. 2009051036), making certain Findings of Fact and Determinations thereto, and adopting a Mitigation Monitoring and Reporting Program (MMRP); and c) adopt Resolution No. 2010 adopting a Statement of Overriding Considerations, and approving the Site Plan for the Sunset Ridge Park Project. XVI. PUBLIC COMMENTS Orange County's 2 -1 -1 Awareness Presentation Public comments are invited on non- agenda matter jurisdiction of the Council. Speakers speaking, please state your name for the record. XVIL CURRENT BUSINESS items generally considered to be within the subject must limit comments to three (3) minutes. Before 23. FY 2009 -10 BUDGET REDUCTIONS. a) Approve Budget Amendment No. 10BA -035 reducing Workers' Compensation appropriations by $430,160; b) approve Budget Amendment No. IOBA -036 reducing General Liability appropriations by $188,165; and c) approve Budget Amendment No. 10BA -037 reducing the CIP budget for deferred projects by $325,000 and transferring the Bristol Street North Landscape Improvements project, $100,000 from the General Fund, 7013- C2002028, to the Bristol Street Relinquishment Fund, 7253- C2002028. 24. VENDOR SELECTION FOR CONTRACT NEGOTIATIONS FOR STREET SWEEPING SERVICES. Direct staff to negotiate a five -year contract (five -year initial contract with five (5) optional one -year extensions) with Arakelian Enterprises, Inc., dba Athens Services, to provide City -wide street sweeping services. 25. ACCESS AGREEMENT REGARDING SUNSET RIDGE PARK. Approve and authorize the Mayor, City Manager as appropriate, and City Clerk to execute the Access Agreement between the City of Newport Beach and Newport Banning Ranch, LLC regarding Sunset Ridge Park. 26. ADOPTION OF COUNCIL POLICY D -6 REGARDING THE CITY S USE OF SOCIAL MEDIA. Review and adopt Council Policy D -6. 27. NEWPORT HARBOR NAUTICAL MUSEUM - ENCROACHMENT AGREEMENT TO RELOCATE AMUSEMENT EQUIPMENT WITHIN THE EASEMENT FOR SIDEWALK, PUBLIC UTILITY, AND PEDESTRIAN PURPOSES. a) Approve the applicant's request to install, maintain and operate bungee trampoline equipment, stairway, and appurtenances encroaching into the easement for sidewalk, public utility, and pedestrian purposes at 600 E. Bay Avenue; and b) authorize staff to execute an encroachment permit and encroachment agreement for these improvements. 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 - In memory of Suzanne Dykema Eli