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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, NOVEMBER 23, 2010, AT 7:00 P.M. COUNCIL CHAMBERS 3300 NEWPORT BOULEVARD KEITH D. CURRY Mayor MICHAEL F. HENN DON WEBB Mayor Pro Tem EDWARD D. SELICH Council Member Council Member LESLIE J. DAIGLE Council Member STEVEN ROSANSKY NANCY GARDNER Council Member 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 NOVEMBER 23, 2010 I. 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)): One matter: City of Newport Beach u. Back Bay Court, LLC, Orange County Superior Court Case No. 30-2010-00385190 B. Conference with Legal Counsel - Anticipated Litigation - Exposure to Litigation (Government Code § 54956.9(b)): Two matters: 1. Potential litigation regarding threat of notice of violation from California Coastal Commission for brush clearance allegedly being performed without a Coastal Development Permit on City Sunset Ridge Park property prior to City ownership. 2. Potential litigation over raising mooring fees within the harbor. C. Conference with Labor Negotiators (Government Code § 54957.6): Agency Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy, Human Resources Director Employee Organization: Newport Beach City Employees Association (CEA); Newport Beach Professional and Technical Employees Association (Prof- Tech); Fire Management Association (FMA); and Newport Beach Employees League (NBEL) D. Public Employee Performance Evaluation (Government Code § 54957(bb)(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 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 IX. PRESENTATIONS Presentation from the Orange County Human Relations Council Presentation on Pt Battalion, Pt Marines (111) Foundation Upcoming Events 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. 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) XIL CONSENT CALENDAR All matters listed under CONSENT CALENDAR (I — 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 MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE REGULAR MEETING AND STUDY SESSION OF NOVEMBER 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 ADOPTION 3. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 7.04.030 OF TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO ANIMALS PROHIBITED ON PUBLIC BEACHES. Conduct second reading and adopt Ordinance No. 2010 -25 to amend Section 7.04.030, of Title 7 of Newport Beach Municipal Code, pertaining to Animals Prohibited on Public Beaches, as follows: a) "Oceanfront Beaches" — change the current hours that animals are prohibited on oceanfront beaches from 9:00 a.m. to 5:00 p.m. to 10:00 a.m. to 4:30 p.m. year- round; b) "Harbor /Bay Front Beaches" — current hours will remain prohibiting animals from 9:00 a.m. to 5:00 p.m.; c) that the City Council approves changing the term of "Community Services Department" to the current name of "Recreation and Senior Services Department;" and d) that the City Council approves changing "guide" dogs to "service" dogs as defined under the American with Disabilities Act (ADA) so as to include all service dogs that assist the disabled. 4. ADOPTION OF THE 2010 CALIFORNIA BUILDING CODES. a) Conduct second reading and adopt Ordinance No. 2010 -23 relating to adoption of the 2010 California Building Codes with related amendments; and b) adopt Resolution No. 2010 -127 setting forth findings for the proposed amendments. C. RESOLUTIONS FOR ADOPTION 5. APPROVAL OF RESOLUTION ADOPTING A SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION (NBFMA); AND ADOPTION OF RESOLUTION IMPLEMENTING A CALPERS TIME -IN -GRADE EXCEPTION. a) Adopt Resolution No. 2010- adopting a Supplemental MOU between the City of Newport Beach and the Newport Beach Fire Management Association (NBFMA), extending the term to December 31, 2011; and b) adopt Resolution No. 2010 -_ implementing a Time -in -Grade Exception for newly hired employees, effective the date of adoption of the resolution. 6. ADOPT A RESOLUTION FOR LOCAL SIGNAL SYNCHRONIZATION PLAN FOR MEASURE M2 FUNDING ELIGIBILITY. Adopt Resolution No. 2010 - approving the Local Signal Synchronization Plan for the City of Newport Beach in order to maintain Measure M2 funding eligibility as defined by the Orange County Transportation Authority (OCTA). D. CONTRACTS AND AGREEMENTS LIDO ISLE PAVEMENT REHABILITATION PHASE II — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4385. 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. 8. NEWPORT COAST COMMUNITY CENTER AUDIO - VISUAL EQUIPMENT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4139. 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. 9. 2010 -2011 SIDEWALK, CURB AND GUTTER RECONSTRUCTION PROJECT — REJECT ALL BIDS FOR CONTACT NO. 4561. a) Reject all received bids for Contract No. 4561; and b) direct staff to clarify the contract documents and re- advertise the project for bids. 10. FISCAL YEAR 2010 -2011 STREETLIGHT REPLACEMENT PROGRAM — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH JMDIAZ, INC. Approve a Professional Services Agreement with JMDiaz, Inc. (JMD) of City of Industry, California, for design and construction support services at a not -to- exceed fee of $65,840.00, and authorize the Mayor and City Clerk to execute the Agreement. 11. TERMINATION OF CORONA DEL MAR CONCESSION AGREEMENT. Authorize the City Manager to execute a termination agreement based on the terms described within the staff report. 12. AGREEMENT WITH ORANGE COUNTY STRIPING SERVICES, INC. FOR STRIPING AND SIGN INSTALLATION SERVICES. Approve an agreement with Orange County Striping Services, Inc. to provide striping and sign installation services for two (2) years with an option of three (3) one -year extensions. 13. APPROVAL OF REPAIR SERVICES AGREEMENTS WITH: DOTY BROS. CONSTRUCTION COMPANY; GCI CONSTRUCTION, INC.; VALVERDE CONSTRUCTION, INC.; AND W. A. RASIC CONSTRUCTION COMPANY, INC. FOR UNDERGROUND UTILITY REPAIR SERVICES. Approve four (4) Repair Service Agreements with: Doty Bros. Construction Company; GCI Construction, Inc.; Valverde Construction, Inc.; and W. A. Rasic Construction Company, Inc., and authorize the Mayor and City Clerk to execute the agreements. E. MISCELLANEOUS 14. PLANNING COMMISSION AGENDA FOR NOVEMBER 18, 2010. Receive and file written report. 15. EXCEPTION TO COUNCIL POLICY B -8 (BIKE, FOOTRACE, AND SURF CONTEST EVENT POLICY) - PACIFIC COAST TRIATHLON. a) Authorize Pelican Coast Events, organizers of the Pacific Coast Triathlon to hold a sprint - distance triathlon in the Crystal Cove area within the Newport Beach city limits provided that the event is after Labor Day weekend as an exception solely to Council Policy 13-8's prohibition of events during June 15 to September 15; and b) authorize this exception for the next five periods (2011, 2012, 2013, 2014, and 2015), revocable at any time by the City should the event not be managed correctly. 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 16. NEWPORT BUSINESS PLAZA (PA2008 -164) - 4699 JAMBOREE ROAD AND 5190 CAMPUS DRIVE - GENERAL PLAN AMENDMENT NO. GP2008 -007 - PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2009 -001 - TENTATIVE PARCEL MAP NO. NP2010 -006 (COUNTY TMPM NO. 2010 -101). Continue the item to the regular meeting of December 14, 2010, in order to provide adequate time to comprehensively review and identify the potential terms of a development agreement, and the applicant's request for a waiver of a development agreement. [continued from the October 26, 2010 meeting.] 17. CHINA PALACE USE PERMIT (PA2010 -082) - 2800 WEST COAST HIGHWAY - USE PERMIT NO. 2010 -015. a) Conduct a de novo 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. UP2010 -015, subject to the findings and conditions of approval. [continued from the September 28, 2010 and November 9, 2010 meetings.] 18. AGREEMENT TO PROVIDE SANITARY SEWER SERVICES TO CANYON FAIRWAY COMMUNITY. a) Conduct a public hearing in compliance with California Constitution Article XIIld (Proposition 218); b) authorize the City Clerk to tabulate the protests at the end of the Council meeting whereas this concludes the public notice period; and c) in the absence of a majority protest, direct staff to access sewer fees for the Canyon Fairway Community Association per Title 14 of the City's Municipal Code. XVI. PUBLIC COMMENTS XVII. 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. 19. MOORING CHARGES, MOORING TRANSFERS: RESOLUTION NO. 2010 - RELATING TO INCREASING MOORING CHARGES; ORDINANCE NO. 2010 -_ RELATING TO MOORING PERMIT TRANSFERS AND OTHER MOORING OPERATIONS. a) Adopt Resolution No. 2010- _ establishing increased mooring charges for offshore and onshore mooring permits effective for the mooring permits issued in 2011; and introduce Ordinance No. 2010 -_ relating to Mooring Permit Transfers and Other Mooring Operations, and pass to second reading on December 14, 2010. 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