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Home My WebLink About0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, OCTOBER 11, 2011, AT 7:00 P.M. COUNCIL CHAMBERS 3300 NEWPORT BOULEVARD MICHAEL F. HENN Mayor NANCY GARDNER Mayor Pro Tem � A RUSH N. HILL, II Council Member EDWARD D. SELICH Council Member STEVEN ROSANSKY Council Member LESLIE J. DAIGLE Council Member A KEITH D. CURRY Council Member DAVE KIFF - City Manager PIP 1 AARON HARP - City Attorney LEILANI BROWN - City Clerk DANA SMITH - Assistant City Manager F 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 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. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD OCTOBER 11, 2011 I. STUDY SESSION — 5:00 p.m. II. CLOSED SESSION — After Study Session — Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): One Matter: 1. Catanzarite v. City of Newport Beach, et al., Orange County Superior Court Case No. 30-2009-00332874 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to Government Code § 54956.9(c)): One matter. C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Heading 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) III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION — Father Kerry Beaulieu, Our Lady Queen of Angels Church IX. PRESENTATION Proclamation Proclaiming October as Irvine Ranch Natural Landmarks Month 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) XII. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 16) are considered by the City 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 City Council votes on the motion unless members of the City 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 27, 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. RESOLUTION FOR ADOPTION 3. APPROVE RESOLUTION NO. 2011 -95 TO ESTABLISH PERMANENT PARKING RESTRICTIONS ON CENTRAL AVENUE FOR LIDO MARINA FARMER'S MARKET. Adopt Resolution No. 2011 -95 to establish "No Parking - Tow Away' restrictions for seven parking meter - controlled spots on Central Avenue from 7:00 a.m. to 4:00 p.m., Sundays, during the Lido Marina Farmer's Market. C. CONTRACTS AND AGREEMENTS 4. ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT PROJECT — NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4775. 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. 5. SEISMIC RETROFIT OF SAN DIEGO CREEK BRIDGES AND GOLDENROD PEDESTRIAN OVERCROSSING — NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3531. 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. 6. APPROVE FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT WITH THE PORT OF LONG BEACH (POLB) FOR THE LOWER BAY DREDGING PROJECT. a) Approve and execute the First Amendment to the Memorandum of Agreement with the POLB to dispose of the sediments from the Lower Bay Dredging Project; and b) authorize the City Manager or his designee to execute any future agreements related to the Lower Bay Dredging Project to ensure the City meets the strict project schedule imposed by the POLB. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH NETHERLAND, SEWELL & ASSOCIATES, INC., FOR WEST NEWPORT OIL FIELD REVIEW, EVALUATION AND MODIFICATION PROGRAM. Approve a Professional Services Agreement with Netherland, Sewell & Associates, Inc. (NSAI) of Dallas, Texas, at a cost not to exceed $160,000, and authorize the Mayor and City Clerk to execute the Agreement. 8. ACQUISITION OF RULE 20A CREDITS FROM THE CITY OF MISSION VIEJO. a) Authorize the City Manager to execute the Memorandum of Understanding (MOU) between the City of Newport Beach and the City of Mission Viejo documenting details of transaction for the acquisition of Rule 20A Credits and to provide the City of Newport Beach priority to acquire additional Rule 20A credits from the City of Mission Viejo, as it becomes available, at a purchase rate of $0.50 on the dollar; and b) authorize staff to process the Rule 20A credit transfer between the City of Newport Beach and the City of Mission Viejo with Southern California Edison (SCE). 9. APPROVAL OF AMENDMENT NO. 4 WITH RBF CONSULTING (RBF) FOR JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 (C- 3724). a) Approve Budget Amendment No. 12BA -011 appropriating $84,972.00 from the unappropriated Transportation and Circulation fund balance to project account number 7261- C5100784; and b) approve Amendment No. 4 with RBF for additional construction support services for the Jamboree Road Bridge Widening Over State Route 73 Project (C- 3724). 10. REPLACEMENT OF MOBILE VIDEO SYSTEM IN POLICE DEPARTMENT PATROL VEHICLE FLEET. a) Approve a total expenditure of $480,319.91 to replace the mobile video system currently in the Police Department's patrol vehicle fleet, and authorize the Mayor to execute on behalf of the City the Purchase and Installation Agreement with L3 Communications Mobile Vision, Inc.; and b) approve Budget Amendment No. 12BA -012 appropriating $480,319.91 from the Police Equipment Internal Service Fund unappropriated fund balance to the Police Vehicle Equipment Account 6150 -9300. This expenditure includes the equipment ($454,258.85), all sales taxes ($23,861.06), and shipping and delivery costs ($2,200.00). 11. BALBOA THEATER POTENTIAL LEASE AMENDMENTS. Continue the item to the October 25, 2011 meeting. 12. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 3 WITH VAN SCOYOC ASSOCIATES FOR U.S. ARMY CORPS - RELATED PROJECTS AND APPROVAL OF A BUDGET AMENDMENT. a) Authorize the City Manager to enter into Professional Services Agreement Amendment No. 3 for up to $48,000 with Van Scoyoc Associates to advocate for U.S. Army Corps - related projects, including Lower Newport Bay and the Seminouk Slough; and b) approve Budget Amendment No. 12BA -014 relating to appropriating $48,000 for this effort. 13. APPROVAL OF AMENDMENT NO. ONE TO THE CONTRACT WITH ALEXANDER CONTRACT SERVICES, INC. (ALEXANDER) TO PROVIDE CITY -WIDE WATER METER READING SERVICES. Approve Amendment No. 1 to the agreement with Alexander expanding contract water meter services to all residential accounts. 14. COST SHARING TO DREDGE THE AMERICAN LEGION'S MARINA. Affirm the City Manager's decision to contribute 50% of the dredging costs to dredge the American Legion's marina. D. MISCELLANEOUS 15. ACCEPT THE 2010 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG). a) Accept the 2010 Emergency Management Performance reimbursement grant for $12,000 in funding for maintaining the City's emergency management program; and b) approve Budget Amendment No. 12BA -013 increasing revenue estimates by $12,000 in 2355 -4896, and appropriating those funds into Fire Department account 2355 - 82008. 16. AMEND CITY COUNCIL POLICY G -1 (RETENTION OR REMOVAL OF CITY TREES) TO REQUIRE 36" BOX TREES - REFORESTATION. Approve the amendment to City Council Policy G -1 requiring the planting of a minimum 36" box tree upon approval of a reforestation application. 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 17. FLETCHER JONES VEHICLE STORAGE FACILITY (PA2011 -076). a) Conduct a public hearing; b) introduce Ordinance No. 2011 -24 approving Planned Development Amendment No. PD2011 -002, and pass to second reading on October 25, 2011; and c) adopt Resolution No. 2011 -96 approving Conditional Use Permit No. UP2011 -024 and Modification Permit No. MD2011 -012, subject to the findings and conditions of approval. 18. CITY COUNCIL REDISTRICTING. a) Conduct a public hearing on the City Council Redistricting Committee's recommendation; and b) initiate an ordinance to adopt the City Council Redistricting Committee's recommendation and set for a public hearing on October 25, 2011. 19. ANNUAL REVIEW OF THE ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT FOR SOBER LIVING BY THE SEA, INC. ( SLBTS) (PA2010 -150). a) Conduct a public hearing; b) find that SLBTS has demonstrated good faith compliance with the terms of the Zoning Agreement; and c) receive and file documents submitted by SLBTS to demonstrate good faith compliance with the terms of the Zoning Agreement. XVIL CURRENT BUSINESS 20. ADDITIONAL DIRECTION — BAN ON PLASTIC BAGS. Offer specific direction to staff regarding whether the Environmental Quality Affairs Committee (EQAC) should pursue developing a municipal code change that would ban the use of plastic bags in Newport Beach. 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