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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JULY 26, 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 JULY 26, 2011 I. STUDY SESSION — Cancelled II. ROLL CALL — 5:00 p.m. III. PUBLIC COMMENTS REGARDING CLOSED SESSION IV. CLOSED SESSION A. Conference with Legal Counsel — Existing Litigation (Government Code S 54956.9(a)): Three matters: 1. Pacific Shores v. Newport Beach, U.S. District Court Case No. SACV 08 -00457 AG (PLAx) 2. Newport Coast Recovery and Yellowstone Recovery v. City of Newport Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx) 3. MORN v. City of Newport Beach, OCSC Case No. 30- 0211 - 0044700 B. Conference with Legal Counsel — Anticipated Litigation — Exposure To Litigation (Government Code S 54956.9(c)): Three matters: 1. Potential initiation of litigation against Morningside Recovery, LLC for failure to comply with Zoning Agreement. 2. Potential initiation of litigation against Pacific Shores Recovery in order to enforce terms of its reasonable accommodation and abate violations of the Newport Beach Municipal Code. 3. Potential initiation of litigation against Yellowstone Recovery in order to abate violations of the Newport Beach Municipal Code. C. Conference with Real Property Negotiator (Government Code 4 54956.8): 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: Price, terms of payment, or both with respect to resolution of boundary dispute between Tidelands and Uplands 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. D. Conference with Labor Neaotiators (Government Code 6 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); 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) V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE X. INVOCATION — Melinda Blackman, Harbor Christian Church Xl. PRESENTATION Plaques to Outgoing Board and Commission Members XII. 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. XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD XIV. CONSENT CALENDAR 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. B. C. READING OF MINUTES /ORDINANCES AND RESOLUTIONS MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF JULY 12, 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. RESOLUTIONS FOR ADOPTION 3. RESOLUTION SUPPORTING A GRANT APPLICATION TO THE DEPARTMENT OF BOATING AND WATERWAYS FOR VESSEL PUMPOUT OPERATION AND MAINTENANCE. Adopt Resolution No. 2011 -82 authorizing and supporting submittal of an application to the Department of Boating and Waterways for grant funds for the operation and maintenance of the vessel pumpouts. 4. ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS ( ANBOL) MEMORANDUM OF UNDERSTANDING. a) Adopt Resolution No. 2011 -83 approving the Memorandum of Understanding between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards; and b) adopt Resolution No. 2011 -84 to eliminate the paying and reporting of the Employer Paid Member Contribution (EPMC) for ANBOL employees in PERS. CONTRACTS AND AGREEMENTS 5. WEST NEWPORT OIL FIELD REVIEW, EVALUATION, AND MODIFICATION PROGRAM — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH NETHERLAND, SEWELL & ASSOCIATES, INC. Due to the inability of Netherland, Sewell & Associates and the City to come to agreement on the terms of a contract for the proposed Oil Field evaluation work, staff recommends that this item be continued to the September 13, 2011 City Council meeting to provide staff sufficient time to negotiate with the next qualified firm and prepare the necessary Professional Services Agreement. 6. ACCEPT TSUNAMI HAZARD MITIGATION PROGRAM GRANT FUNDS FOR EDUCATION KIOSKS. a) Accept the National Tsunami Hazard Mitigation Program Grant in accordance with Council Policy F -25, Grant Administration; b) authorize the City Manager and the Emergency Services Coordinator to act as "Authorized Agents" to execute for, and on behalf of, the City any actions necessary to implement the grant and obtain State financial assistance provided by the State of California Emergency Management Agency (CaIEMA); and c) approve Budget Amendment No. 12BA -003 increasing revenue estimates in account 2355 -4893, CalEMA revenue, by $14,880 and increasing expenditure appropriations in account 2355 -8013, CaIEMA Expenses, by $14,880. DESIGNATION OF APPLICANT'S AGENT FOR FEDERAL AND STATE FINANCIAL ASSISTANCE. Approve CalEMA Form 130, authorizing the City Manager or the Finance Director to execute California Emergency Management Agency (CalEMA) and /or Federal Emergency Management Agency (FEMA) documents for present and future disaster relief applications. 8. CONTRACT APPROVAL FOR PUBLIC SAFETY HELICOPTER SERVICE BETWEEN THE CITIES OF NEWPORT BEACH AND HUNTINGTON BEACH. Approve the services Agreement for public safety helicopter support between the City of Huntington Beach and Newport Beach, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 9. SCHOOL RESOURCE OFFICER (SRO) PROGRAM AGREEMENT. Authorize the Agreement between the City of Newport Beach and the Newport -Mesa Unified School District (NMUSD) to participate in the School Resource Officer (SRO) Program, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 10. AGREEMENT FOR DELIVERY AND SALE OF RECYCLED WATER TO BIG CANYON COUNTRY CLUB (BCCC). Approve the agreement for the delivery and sale of recycled water to the Big Canyon Country Club (BCCC), and authorize the Mayor and City Clerk to execute the agreement. 11. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 2 WITH BOHLIN CYWINSKI JACKSON (BCJ) FOR PROJECT SIGNAGE DESIGN AND CONSTRUCTION SUPPORT SERVICES. Approve Professional Services Agreement (PSA) Amendment No. 2 with Bohlin Cywinski Jackson (BCJ) of San Francisco, for Civic Center and Park Project signage design and construction support services at a not -to- exceed price of $165,780.00, and authorize the Mayor and the City Clerk to execute the Amendment. 12. DONATION OF LAND FROM THE IRVINE COMPANY LLC FOR OPEN SPACE, HABITAT PROTECTION AND RESOURCE CONSERVATION PURPOSES. a) Accept the donation of property located between the back of the Park Newport Apartment site and the Upper Newport Bay from The Irvine Company LLC for the purposes of open space, habitat protection and resource conservation; and b) authorize the City Manager to execute the Donation Agreement and accept the Gift Deed and Termination of Easement for the property on behalf of the City. D. MISCELLANEOUS 13. PLANNING COMMISSION AGENDA FOR JULY 21, 2011. Receive and file written report. 14. CONFIRMATION OF VOTING DELEGATE FOR THE 2011 LEAGUE OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE — SEPTEMBER 21 - 23, 2011, IN SAN FRANCISCO. Confirm Council Member Curry's designation as the City's Voting Delegate at the League of California Cities (LCC) Conference from September 21 -23, 2011, in San Francisco. 15. ORANGE COUNTY REAL ESTATE FRAUD PROSECUTION TRUST FUND AWARD. a) Authorize the City Council to accept a $75,000 award granted to the Police Department by the Orange County Real Estate Fraud Prosecution Trust Fund per Council Policies F -3 and F -25; therefore, to comply with Council Policy F -3, City Council must formally accept the award of $75,000 and create a new appropriation to expend the money; and b) approve a Budget Amendment No. 12BA -002 increasing revenue appropriations by $75,000 in 1820 -489E. 16. TASTE OF NEWPORT BANNERS — APPROVAL OF ENCROACHMENT PERMIT N2011 -0178. Conditionally approve the request of the Newport Beach Chamber of Commerce for the installation of 191 banners from August 22, 2011, to September 20, 2011, for the annual Taste of Newport (installation will be along Westcliff Drive, Jamboree Road, MacArthur Boulevard, Newport Boulevard, East Coast Highway, and San Joaquin Hills Road). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XV. ITEMS REMOVED FROM THE CONSENT CALENDAR XVI. 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. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVIII. PUBLIC HEARING r4 0.1 17. COMPLIANCE REVIEW OF DEVELOPMENT AGREEMENT NO. 2010 -001 BETWEEN THE CITY OF NEWPORT BEACH AND MORNINGSIDE RECOVERY. LLC (PA2011 -107). a) Conduct a public hearing, b) determine that Morningside Recovery, LLC is in default under the terms of the Zoning Agreement based upon substantial evidence, and c) introduce Ordinance No. 2011 -20 terminating Development Agreement No. 2010 -001, and pass to second reading on August 9, 2011. 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. XX. ADJOURNMENT