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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JANUARY 10, 2012 COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD Closed Session - 2:30 p.m. Regular Meeting - 7:00 p.m. KEITH D. CURRY Mayor Pro Tern STEVEN ROSANSKY Council Member D® LESLIE J. DAIGLE Council Member NANCY GARDNER Mayor 1 041y DAVE KIFF — City Manager AARON HARP —City Attorney LEILANI BROWN — City Clerk DANA SMITH — Assistant City Manager STEPHEN BADUM — Public Works Director NOTICE TO THE PUBLIC MICHAEL F. HENN Council Member RUSH N. HILL, II Council Member EDWARD D. SELICH Council Member O r 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 JANUARY 10, 2012 2:30 p.m. - Closed Session 7:00 p.m. - Regular Meeting STUDY SESSION — Cancelled II. ROLL CALL III. PUBLIC COMMENTS REGARDING CLOSED SESSION Public comments are invited on Closed Session Agenda items only. Speakers must limit comments to five (5) minutes. Before speaking, please state your name for the record. IV. CLOSED SESSION — 2:30 p.m. in the Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): Three matters: 1. Frizzell, et al v. City of Newport Beach Orange County Superior Court Case No. 30 -2011 00472517 2. Morningside Recovery, LLC, Petitioner /Cross - Defendant v. City of Newport Beach, et al, Respondent/Cross-Complainant Orange County Superior Court Case No. 30 -2011 00505900 3. MORN v City of Newport Beach, at al Orange County Superior Court Case No. 30 -2011 00447004 B. 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); Newport Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA); Police Employees' Association (PEA); City Employees Association (NBCEA); Newport Beach Professional & Technical Employees Association (NBPTEA); Newport Beach Employees League (NBEL); and Newport Beach Part -Time Unit (UPEC, Local 777). V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING 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. ROLL CALL VIII. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE X. INVOCATION — Mr. Frank Carpenter Xl. PRESENTATION Presentation of a Heroic Act Award to Alex Davis Proclamation to Stephan McMillen for becoming the 2011 Junior Lifeguard of the Year 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 LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM) XIV. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 12) are considered 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 OF THE REGULAR MEETING OF DECEMBER 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 the City Clerk to read by title only. B. RESOLUTIONS FOR ADOPTION 3. CITY COUNCIL'S REGULAR MEETING CALENDAR FOR 2012. Adopt Resolution No. 2012 -1 relating to the City Council's 2012 meeting calendar. 4. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2012 UNDER THE CITY'S CONFLICT OF INTEREST CODE. Adopt Resolution No. 2012 -2 adopting the 2012 Designated Employees List. 5. ADOPT A RESOLUTION FOR STREET SWEEPING PARKING RESTRICTIONS ON BAYVIEW WAY FROM JAMBOREE ROAD TO WEST STREET END. a) Rescind Resolution 2010 -111; and b) adopt Resolution No. 2012 -3 establishing "NO PARKING' restrictions for street sweeping on Bayview Way from Jamboree Road to the west street end. C. CONTRACTS AND AGREEMENTS 6. RHINE CHANNEL SEDIMENT CLEANUP PROJECT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4555; AND CONSIDERATION OF SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, L.P. FOR ADDITIONAL CONSTRUCTION MANAGEMENT TASKS AND NECESSARY POST - DREDGE SEDIMENT SAMPLING AND ANALYSIS. a) Accept the completed work and authorize the City Clerk to file of 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 acceptance with applicable portions of the code; c) release the Faithful Performance Bond one -year after Council acceptance; and d) approve the Sixth Amendment to the Professional Services Agreement with Anchor QEA, LP for additional unforeseen construction management costs, as well as for a new scope of services for required post- dredge confirmation sediment sampling. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DANIEL B. STEPHENS & ASSOCIATES, INC., (DBS &A) FOR BIG CANYON WATER BALANCE AND APPROVAL OF MOU WITH COUNTY OF ORANGE FOR FUNDING. a) Authorize the Mayor and City Clerk to enter into an agreement with the County of Orange (County) to provide $100,000 to fund a water balance study for the Big Canyon Watershed. Further, authorize the Public Works Director or designee to represent the City for all matters pertaining to this agreement; b) approve Budget Amendment No. 12BA -021 recognizing a contribution of $100,000 from the County of Orange and appropriating $100,000 to Account No. 7255- C5002004; and c) approve a Professional Services Agreement with DBS &A of Newport Beach, California, at a cost not to exceed $100,000 and authorize the Mayor and City Clerk to execute the Agreement after the funding resolution with the County has been fully approved and the City receives an executed copy. 8. AMENDMENTS TO THE MEMORANDA OF UNDERSTANDING WITH CERTAIN SAFETY UNITS. Approve Amendments to the Memoranda of Understanding between the City of Newport Beach and the Police Association (PA), Police Management Association (PMA), and Fire Management Association (FMA) to extend the employee retirement contribution until successor Memoranda of Understanding are adopted (in the case of PA and PMA, or until February 29, 2012, whichever occurs first). D. MISCELLANEOUS 9. NOMINATIONS TO FILL THE UNSCHEDULED VACANCY ON THE SPECIAL EVENTS ADVISORY COMMITTEE. Confirm the nominations of Paul Blank and Jack Mario by the Ad Hoc Appointments Committee to fill the unscheduled vacancy on the Special Events Advisory Committee. I D1ll11: Zy: I_ F94IF_ 111 Ill :7GC, IIP]1!Ie1NHa11 Bic] :111l1ll 11Pd:Ikl1270]:i1:I:1111Iq:Zs1:►_R9:1 OF THREE LIFEGUARD VEHICLES. a) Approve the purchase of three Lifeguard vehicles for the Department; and b) approve Budget Amendment No. 12BA -025 in the amount of $90,000 to fund the purchase. 11. STREET TREE DESIGNATION - FOURTH AVENUE IN CORONA DEL MAR. Municipal Operations staff recommends that the City Council consider the recommendation from the Parks, Beaches, and Recreation (PB &R) Commission, and approve a change in Street Tree Designation for Fourth Avenue (CdM), from the current designation of the Hong Kong Orchid to the homeowner's choice of three different tree species: Gold Medallion, Dwarf Southern Magnolia, and the African Tulip. 12. CITIZENS BICYCLE SAFETY COMMITTEE ANNUAL REPORT, COMMITTEE REAUTHORIZATION, AND COMMITTEE MEMBER APPOINTMENTS. a) Review, receive and file the Citizens Bicycle Safety Committee's 2011 report on committee activities; b) reauthorize the Citizens Bicycle Safety Committee and extends its term until January 10, 2013; c) direct the City Clerk to treat the committee positions as unscheduled vacancies, and advertise and invite members of the public to apply to be appointed to the committee; and d) establish and ad hoc appointments committee consisting of Council Members to review committee applications 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 HEARINGS 13. LIDO VILLAGE DESIGN GUIDELINES, PA2011 -148. a) Adopt Resolution No. 2012 -4 approving the Lido Village Design guidelines; and b) provide direction to staff on the preparation of a future incentive program outlined in Chapter 5 of the guidelines. An incentive program with a budget allocation will be brought back to the City Council at a future meeting. XIX. CURRENT BUSINESS 14. WEST NEWPORT LANDSCAPE REVITALIZATION PROJECT. a) Approve the West Newport Landscaping Revitalization Project Conceptual Plan and direct the staff to include the project for consideration in upcoming Capital Improvement Program prioritization and budgeting reports, deliberations and actions; and b) provide direction to staff on supplemental CAP recommendations. 15. SANTA ANA HEIGHTS — BRISTOL STREET SOUTH LANDSCAPE REVITALIZATION PROJECT. a) Approve the Santa Ana Heights — Bristol Street South landscaping Conceptual Plan and include the design and construction of the project for consideration in upcoming Capital Improvement Program prioritization and budgeting reports, deliberation and actions; and b) provide direction to staff on supplemental CAP recommendations. 16. APPOINTMENTS BY THE MAYOR TO THE COUNCIL /CITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. a) Confirm the following appointments as recommended by the Mayor: I. COUNCIL /CITIZENS AD HOC COMMITTEES A. Ad Hoc Committee to Negotiate the Conexant Development Agreement 1. Council Member Edward Selich 2. Council Member Steven Rosansky B. Ad Hoc Committee to Negotiate the International Bay Club's Newport Beach Country Club Development Agreement 1. Council Member Edward Selich 2. Council Member Steven Rosansky C. Ad Hoc Committee to Negotiate the Newport Beach Country Club Development Agreement 1. Council Member Edward Selich 2. Council Member Steven Rosansky D. Affordable Housing Task Force 1. Mayor Pro Tern Keith Curry - Chair 2. Council Member Michael Henn 3. Mayor Nancy Gardner E. Aviation Committee 1. Council Member Leslie Daigle - Chair 2. Council Member Rush Hill - Vice Chair 3. Mayor Pro Tern Keith Curry 4. Newport Coast /Newport Ridge Resident - Roger Ham F. Banning Ranch Development Agreement Committee 1. Council Member Steven Rosansky 2. Council Member Edward Selich G. Building Ad Hoc Committee 1. Council Member Edward Selich - Chair 2. Council Member Steven Rosansky 3. Council Member Rush Hill H. General Plan /Local Coastal Program Implementation Committee 1. Council Member Edward Selich - Chair 2. Mayor Nancy Gardner 3. Council Member Rush Hill 3 I. July 4'' West Newport Safety Planning Committee 1. Council Member Michael Henn (District 1) - Chair 2. Council Member Steven Rosansky (District 2) 3. Community Member Paul Watkins 4. Community Member Mary Bryant 5. Community Member Craig Batley J. Neighborhood Revitalization Committee 1. Council Member Michael Henn - Chair 2. Council Member Rush Hill 3. Council Member Ed Selich K. Tidelands Management Committee 1. Council Member Michael Henn - Chair 2. Mayor Nancy Gardner 3. Council Member Ed Selich A. Finance Committee 1. Mayor Pro Tern Keith Curry - Chair 2. Council Member Michael Henn 3. Council Member Leslie Daigle III. REPRESENTATIVES TO JOINT GOVERNMENTAL COMMITTEES, OTHER LIAISONS A. Growth Management Area 8 Representative 1. Mayor Nancy Gardner B. Hazardous Waste Material - Joint Powers Authority 1. Mayor Nancy Gardner C. Inter -City Liaison Committee 1. Council Member Michael Henn 2. Council Member Rush Hill D. League of California Cities 1. Council Member Leslie Daigle E. Orange County Coastal Coalition 1. Mayor Nancy Gardner C IVI F. Orange County Housing Commission - Advisory Committee 1. Planning Staff Member Melinda Whelan 2. Planning Staff Member Gregg Ramirez (Alt.) G. Santa Ana River Crossing (SARX) Study Policy Advisory Committee 1. Council Member Steven Rosansky 2. Council Member Rush Hill (Alt.) H. Santa Ana River Flood Protection Agency 1. Mayor Nancy Gardner 2. Council Member Steven Rosansky (Alt.) I. Watershed Executive Committee 1. Mayor Nancy Gardner 2. Mayor Pro Tem Keith Curry (1 "Alt.) 3. City Manager Dave Kiff (2nd Alt.) A. Citizens Bicycle Safety Committee 1. Mayor Nancy Gardner (Liaison) B. Coastal /Bay Water Quality Citizens Advisory Committee 1. Mayor Nancy Gardner - Chair 2. Council Member Michael Henn - Vice Chair 3. (Vacant) C. Environmental Quality Affairs Citizens Advisory Committee E( QAC) 1. Mayor Nancy Gardner 2. (Vacant) 3. Debbie Stevens [Citizen (at large)] - Chair D. Youth Council 1. Council Member Steven Rosansky (Liaison) b) Following recusal by the Council Members being considered for the committee, confirm the following appointments as recommended by the Mayor: III. REPRESENTATIVES TO JOINT GOVERNMENTAL COMMITTEES, OTHER LIAISONS Association of Orange County Cities 1. Mayor Pro Tern Keith Curry 2. Council Member Michael Henn (Alt.) 7 C) Following recusal by the Council Members being considered for the committee, confirm the following appointments as recommended by the Mayor: REPRESENTATIVES TO JOINT GOVERNMENTAL COMMITTEES. OTHER LIAISONS Orange County Council of Governments (OCCOG) 1. Council Member Leslie Daigle 2. Mayor Nancy Gardner (Alt.) d) Following recusal by the Council Members being considered for the committee, confirm the following appointments as recommended by the Mayor: REPRESENTATIVES TO JOINT GOVERNMENTAL COMMITTEES. OTHER LIAISONS Orange County Sanitation District (OCSD) 1. Council Member Steven Rosansky 2. Council Member Leslie Daigle (Alt.) e) Following recusal by the Council Member being considered for the committee, confirm the following appointments as recommended by the Mayor: 1749:7* 1421 /_ \119 711019101 101YA40M M4 k11IF_1s K*]MMIIa9 :1=6W019:1:I:7 LIAISONS Orange County Vector Control District Board of Trustees 1. Council Member Leslie Daigle Following recusal by the Council Member being considered for the committee, confirm the following appointments as recommended by the Mayor: REPRESENTATIVES TO JOINT GOVERNMENTAL COMMITTEES. OTHER LIAISONS San Joaquin Hills Transportation Corridor Agency Board of Directors 1. Council Member Rush Hill 2. Mayor Pro Tern Keith Curry (Alt.) g) Following recusal by the Council Members being considered for the committee, confirm the following appointments as recommended by the Mayor: III. REPRESENTATIVES TO JOINT GOVERNMENTAL COMMITTEES, OTHER LIAISONS Southern California Association of Governments (SCAG) 1. Council Member Leslie Daigle 2. Council Member Edward Selich (Alt.) XX. 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. XXI. ADJOURNMENT — The City Council will hold the 2012 Planning Session on Monday, January 23, 2012, at 6:00 p.m. in the Friends Room at the Central Library