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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JANUARY 11, 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 LESLIE J. DAIGLE Council Member EDWARD D. SELICH KEITH D. CURRY 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. I£ 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 JANUARY 11, 2011 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 .& 54956.9(a)): Two matters: 1. City of Newport Beach v. Bach Bay Court, LLC, Orange County Superior Court Case No. 30-2010-00385190 2. Mead v. City of Newport Beach, Orange County Superior Court Case No. 30 -2010- 00342608 B. Conference with Legal Counsel - Anticipated Litigation - Exposure to Litigation (Government Code § 54956.9(b)): Two matters: 1. Potential exposure to litigation arising from threat 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 exposure to litigation from allegations that the Morningside Zoning Agreement was not properly adopted under state law. C. Public Employee Performance Evaluation (Government Code 4 54957(b)(1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of three public employees. Titles: City Manager; City Clerk; and 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 - Mr. Frank Carpenter IX. PRESENTATION Junior Lifeguard of the Year 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. 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 — 22) 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 SPECIAL MEETING OF DECEMBER 6, 2010 AND REGULAR MEETING OF DECEMBER 14, 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 INTRODUCTION 3. ESTABLISH UPDATED SPEED LIMITS ON CITY STREETS. a) Introduce Ordinance No. 2011 -_ amending Chapter 12.24 (Special Speed Zones) of the Newport Beach Municipal Code regarding increasing and decreasing State speed limits, and pass to second reading on January 25, 2011; and b) upon final adoption of the Ordinance, direct staff to replace /modify all speed limit signs requiring changes to reflect new speed limits. 4. MUNICIPAL CODE AMENDMENT TO REQUIRE AN OPERATOR LICENSE FOR CERTAIN ESTABLISHMENTS THAT OFFER ALCOHOLIC BEVERAGES FOR ON -SITE CONSUMPTION IN COMBINATION WITH LATE HOURS, ENTERTAINMENT, AND /OR DANCE (PA2010 -041). a) Introduce Ordinance No. 2011 -_ amending the Newport Beach Municipal Code and incorporating Chapter 5.25 establishing the requirement for an Operator License, and pass to second reading on January 25, 2011; and b) adopt Resolution No. 2011 -_ establishing the application fee for an Operator License. C. RESOLUTIONS FOR ADOPTION 5. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2011 UNDER THE CITY S CONFLICT OF INTEREST CODE. Adopt Resolution No. 2011 -_ adopting the 2011 Designated Employees List. 6. CITY COUNCIL'S REGULAR MEETING CALENDAR FOR 2011. Adopt Resolution No. 2011 relating to the City Council's 2011 meeting calendar. ADOPT A RESOLUTION TO SUBMIT AN APPLICATION TO ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) FOR FUNDING UNDER THE MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM (CTFP). Adopt Resolution No. 2011- approving the submittal of the Newport Beach Widening Project to the OCTA for funding under the M2 CTFP. 8. RESOLUTION RELATING TO ADOPTING MOORING SUB - PERMIT FEES. Adopt Resolution No. 2011 -_ establishing mooring sub - permit fees, effective immediately, as recommended by the County Board of Supervisors. 9. APPROVAL OF THE POINT OF DISPENSING SITE PLANNING SERVICES AGREEMENT. Adopt Resolution No. 2011 -_ approving the Point of Dispensing Planning Services Agreement for Fiscal Year 2010 -2011 and authorizing the Mayor to act as the "Authorized Agent" to execute for, and on behalf of, the City any actions necessary to implement the Agreement and obtain financial assistance provided by the County of Orange Health Care Agency. D. CONTRACTS AND AGREEMENTS 10. AWARD CONTRACT FOR BALBOA YACHT BASIN MANAGEMENT. a) Approve and authorize the Mayor and City Clerk to execute a Professional Services Agreement with Basin Marine, Inc. for Balboa Yacht Basin management for three years; and b) approve Budget Amendment No. 11BA -023 appropriating $35,165 from the unappropriated Tidelands Fund Balance Account No. 230 -3605 to Harbor Resources Account No. 2371 -8080. 11. 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT — AWARD OF CONTRACT NO. 4561, a) Approve the project plans and specifications; b) award Contract No. 4561 to Grigolla & Sons Construction Company, Inc. (Grigolla & Sons) for the total bid price of $475,370.00, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $95,000, approximately 20 percent, to cover the cost of unforeseen work and anticipated work not included in the original project limits. 12. OASIS SENIOR CENTER REBUILD PROJECT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3888. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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. 13. EASTBLUFF PARK AND BONITA CREEK PARK RECYCLED WATER RETROFITS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4134. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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. 14. CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT (CONTRACT NO. 4315) — BUDGET AMENDMENT FOR CONSTRUCTION SUPPORT SERVICES. Approve Budget Amendment No. 11BA -021 appropriating $20,000.00 from unappropriated AQMD Fund Balance 290 -3605 to Account No. 7290- C8002014. 15. AMENDMENT NO. 2 TO CONTRACTOR AGREEMENT WITH MERCHANTS LANDSCAPE SERVICES, INC. TO PROVIDE LANDSCAPE MAINTENANCE FOR CITY MEDIANS AND ROADWAYS. Approve the amendment to the existing agreement with Merchants Landscape Services, Inc. for the landscape maintenance at OASIS Senior Center at a cost of $50,000 per year. 16. CONTRACT AGREEMENT WITH RAINBOW DISPOSAL TO PROVIDE REFUSE COLLECTION SERVICE AT CITY BEACHES. Approve the ten year agreement with Rainbow Disposal for the collection of beach refuse containers at a cost of $127,441 per year. 17. JUSTICE ASSISTANCE GRANT — ANNUAL AWARD. a) Approve the agreement to transfer funds for Fiscal Year 2010, Justice Assistance Grant annual award, and authorize the City Manager to execute the agreement per Council Policies F -3 and F -25. Therefore, to comply with Council Policy F -3, the City Manager may accept grants or donations of up to $30,000 on behalf of the City; and b) approve Budget Amendment No. 11BA -027 increasing revenue estimates in the amount of $13,322 in Account No. 129 -5257, and increase expenditure appropriations in Account No. 1290 -7095. 18. FUNDING FOR MULTI -YEAR SUPPORT FOR COMPUTER AIDED DISPATCH (CAD) AND RECORDS MANAGEMENT SYSTEMS. a) Approve an expenditure of $161,279.29 for hardware and software support for the Police Department's Computer Aided Dispatch (CAD) and Records Management System (RMS) from Northrop Grumman (formerly PRC) for July 1, 2010 to June 30, 2011; b) approve an expenditure of $185,093.24 for hardware and software support for the Police Department's CAD and RMS from Northrop Grumman for July 1, 2011 to June 30, 2012; c) authorize a single- source contract with Northrop Grumman, the product manufacturer of the Police Department's CAD and RMS systems; and d) authorize the Mayor and City Clerk to execute a Professional Services Agreement with the vendor, as approved by the Office of the City Attorney. E. MISCELLANEOUS 19. ACCEPTANCE OF THE UNIFIED PROGRAM AGENCIES (UPA) GRANT FUND ALLOCATION. a) Accept the UPA Grant Fund Allocation in the amount of $20,000.00 to be utilized for reimbursement of the completion costs associated with the implementation of Assembly Bill No. 2286, which requires all regulated businesses and UPA to use the internet to file required Unified Program information electronically; and b) approve Budget Amendment No. 11BA -022 to deposit $20,000.00 UPA Grant into Account No. 2330 -489G. 20. APPOINTMENTS BY THE MAYOR TO THE COUNCIL/CITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. Confirm the appointments outlined in the staff report. 21. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES FOR FISCAL YEAR 10 /11. Approve Budget Amendment No. 11BA -026 to increase expenditure appropriation by $33,741 in Division 4060, Literacy, and to increase revenue estimates for the same amount in Account 4010- 4832, California Library Literacy Services. 22. BUDGET AMENDMENT FOR EMERGENCY METHANE BLOWER REPLACEMENT AT NEWPORT TERRACE LANDFILL. Approve Budget Amendment No. 11BA -024 transferring a total of $14,827.78 from Environmental Liability unappropriated fund balance, 292 -3605, to Environmental Liability, Services Professional & Technical, 3155 -8080, to fund the emergency replacement of one (1) methane gas blower at the Newport Terrace Landfill. 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 23. 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). a) Reopen the public hearing; b) Take action waiving the requirement for a development agreement and approve the project as recommended in the October 26, 2010 staff report; c) adopt Resolution No. 2011-, which includes findings in support of a waiver of the requirement for a development agreement for the project; and d) introduce Ordinance No. 2011 approving Planned Community Development Plan Amendment No. PD2009- 001, and pass to a second reading for adoption on January 25, 2011. [continued from the October 26 and November 23, 2010 meetings] 24. HOAG MEMORIAL HOSPITAL PRESBYTERIAN SERIES 2011 HEALTH CARE FACILITY REVENUE BONDS. a) Conduct a public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the Code); and b) adopt Resolution No. 2011 - authorizing the preparation, execution and delivery of the City of Newport Beach Health Care Facility Revenue Bonds (Hoag Memorial Hospital Presbyterian) Series 2011 in an amount not to exceed $120 million, and authorizing the execution and delivery of certain documents and directing certain actions in connection with the issuance, sale and delivery of said bonds. 25. AMENDMENT OF THE NEWPORT BEACH MUNICIPAL CODE, TITLE 9 - FIRE CODE. a) Conduct public hearing; and b) introduce Ordinance No. 2011 -_ amending the Newport Beach Municipal Code Title 9, Chapter 9.04 (Fire Code), by amending Section 9.04.040, Section 9.04.050, Section 9.04.060, Section 9.04.070, and Section 9.04.0120, and pass to second reading on January 25, 2011. 5 26. ADOPTION OF AMENDMENTS TO THE 2010 CALIFORNIA BUILDING CODES AND NEWPORT BEACH MUNICIPAL CODE, AND ADOPTION OF THE 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE AND 2009 UNIFORM SWIMMING POOL AND HOT TUB CODE. a) Conduct a public hearing; b) introduce Ordinance No. 2011 - relating to adoption of the subject codes and amendments, and pass to second reading on January 25, 2011; and c) adopt Resolution No. 2011- setting forth findings for the proposed amendments for adoption on January 25, 2011. XVI. PUBLIC COMMENTS Public comments are invited on non - agenda matter jurisdiction of the Council. Speakers speaking, please state your name for the record. XVII. MOTION FOR RECONSIDERATION items generally considered to be within the subject must limit comments to three (3) minutes. Before 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. XVIII. ADJOURNMENT