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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, OCTOBER 26, 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 OCTOBER 26, 2010 I. STUDY SESSION - 3:30 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: City of Newport Beach v. 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 4 54956.9(b)): One matter: 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. C. Conference with Labor Negotiators (Government Code S 54957.6): Agency Designated Representatives: Negotiator Bill Avery; Human Resources Director Terri Cassidy Employee Organizations: Newport Beach City Employees Association (CEA); Newport Beach Professional and Technical Employees Association (Prof- Tech); Fire Management Association (FMA) D. Public Employee Performance Evaluation (Government Code § 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. 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 - Jim de Boom, Newport Mesa Irvine Interfaith Council IX. PRESENTATION Cultural Arts Grant Checks Presented by the City Council and the City Arts Commission 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 — 14) 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 OF OCTOBER 12, 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. SECOND READING AND ADOPTION OF CIVIL SERVICE ORDINANCE NO. 2010 -20, NEWPORT BEACH MUNICIPAL CODE CHAPTER 2.24 REGARDING THE CIVIL SERVICE SYSTEM TO CONDITIONALLY REPLACE THE CURRENT CHAPTER 2.24 ADOPTED VIA ORDINANCE NO. 566, AND ADOPTING A RESOLUTION AMENDING THE CIVIL SERVICE BOARD RULES AND REGULATIONS. a) Conduct second reading and adopt Ordinance No. 2010 -20 pertaining to the Civil Service System (Newport Beach Municipal Code Section 2.24); and b) adopt Resolution No. 2010 -_ amending the Civil Service Board Rules and Regulations. 4. ZONING CODE UPDATE (PA2009 -034) — CODE AMENDMENT NO. 2009- 001. Conduct second reading and adopt Ordinance No. 2010 -21 relating to the comprehensive Zoning Code Update (the draft Zoning Code Update was prepared to implement the City's Land Use Element and other policies affecting land use and development contained in the 2006 General Plan). C. RESOLUTIONS FOR ADOPTION 5. JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO FAIRCHILD ROAD) — ADOPTION OF MITIGATED NEGATIVE DECLARATION. a) Approve the conceptual design of the Jamboree Road Improvements (Bristol Street North to Fairchild Road) Project; and b) adopt Resolution No. 2010- adopting a Mitigated Negative Declaration (MND), and the Mitigation Monitoring and Reporting Program (MMRP) on the basis of the entire environmental review record. 6. CITY HALL AND LIMITED OFF -SITE HOLIDAY CLOSURE. Approve the closure of the City Hall complex and provide limited City services at off -site facilities from Friday, December 24, 2010, through and including Friday, December 31, 2010 (the proposed City Hall closure does not apply to Public Safety or other essential functions that provide necessary municipal services). CONSIDERATION OF CREATION OF A REAGAN CENTENNIAL COMMISSION AND ADOPTION OF A RESOLUTION ESTABLISHING THE RONALD REAGAN CENTENNIAL COMMISSION. a) Confirm the establishment of a Reagan Centennial Commission; b) solicit applications for participation on the Commission; c) establish the number of members of the Commission at eight members selected by the Council with a chairman appointed by the Mayor; d) appoint a subcommittee for reviewing applications and recommending appointment to the Commission; e) establish the purpose of the Commission; and f) direct the Recreation and Senior Services Department to provide staffing to the Commission. D. CONTRACTS AND AGREEMENTS 8. BUDGET AMENDMENT FOR THE PURCHASE OF A CNG- POWERED VAN FOR OASIS. Approve Budget Amendment No. 11BA -015 in the amount of $27,976 to utilize Air Quality Management District (AQMD) funds for an increase in cost due to the selection of CNG power for an OASIS van scheduled for replacement. 9. PLAYGROUND RESILIENT SURFACE RENOVATION — PHASE 2 — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4494. 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. 10. CARROLL BEEK COMMUNITY CENTER IMPROVEMENTS — AWARD OF CONTRACT NO. 4507. a) Approve the project drawings and specifications; b) reject the bid from A2Z Construction, Inc. as non - responsible; c) award Contract No. 4507 to Pointer Enterprises for the total bid price of $84,635, and authorize the Mayor and the City Clerk to execute the contract; d) establish an amount of $8,500 to cover the cost of unforeseen work; and e) approve Budget Amendment No. 11BA -013 recognizing an additional $6,320 in State of California Department of Parks and Recreation 2002 Resources Bond Act Grant funding and appropriating $6,320 to Account No. 7251- C1002023. E. MISCELLANEOUS 11. CORONA DEL MAR PERMANENT BANNER SIGN FRAME. Receive and file. 12. PLANNING COMMISSION AGENDA FOR OCTOBER 19, 2010. Receive and file written report. 13. HUMAN SERVICES GRANT 2010 -2011. Authorize the allocation of $25,000 in Human Services Grants to a) Youth Employment Services (Harbor Area) - $5,000; b) Serving People in Need (SPIN) - $3,500; c) Orange County Council on Aging - $4,500; d) Advocates for Grandparent - Grandchild Connection - $4,000; e) Central Coast YMCA - $5,000; and 0 Newport Harbor High School - $3,000. 14. UTILITY CONNECTION GRANT PROGRAM POLICY AMENDMENT. Review and approve the proposed amended Policy to allow for the participation of eligible households on a reimbursement basis subject to submission of qualifying documentation. 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 15. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO UNITED PACIFIC WASTE, A CALIFORNIA CORPORATION. a) Conduct a public hearing to consider the award of a Non - exclusive Solid Waste Franchise to United Pacific Waste, a California corporation; and b) conduct second reading and adopt Ordinance No. 2010 -19 relating to the award of a Non - exclusive Solid Waste Franchise to United Pacific Waste, a California corporation. 16. NEWPORT BUSINESS PLAZA (PA2008 -164) — 4699 JAMBOREE ROAD AND 5190 CAMPUS DRIVE. a) Conduct a public hearing; b) adopt Resolution No. 2010 - documenting the following City Council actions: 1) adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program; 2) approve General Plan Amendment No. 2008 -007; 3) approve Tentative Parcel Map No. 2010 -006; and 4) waive the requirement for a Development Agreement; and c) introduce Ordinance No. 2010 approving Planned Community Development Plan Amendment No. PD2009- 001, and pass to a second reading for adoption on November 9, 2010. 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. 9 XVII. 17. DEFEASANCE OF THE 1998 LIBRARY CERTIFICATES OF PARTICIPATION. a) Adopt Resolution No. 2010- authorizing the defeasance of the 1998 Library Certificates of Participation; b) authorize staff to execute the Escrow Agreement substantially to form; and c) approve Budge Amendment No. 11BA -014 appropriating an additional $3,630,000 from General Fund appropriations reserves to defease the 1998 Library Certif- icates of Participation. 18. TRANSFER OF DEVELOPMENT RIGHTS IN NORTH NEWPORT CENTER PLANNED COMMUNITY (PA2010 -122). Adopt Resolution No. 2010 -_ which approves a) a transfer of development rights in the North Newport Center Planned Community for 1) 75,878 square feet of general office from Block 100 to San Joaquin Plaza and 2) 45,236 square feet of general office from Block 100 to Block 600, and b) the relocation of 430 unbuilt residential units from San Joaquin Plaza to Block 500. XVIH. 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 Richard Stevens and Pat Herzog