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Home My WebLink About0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, NOVEMBER 22, 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 NOVEMBER 22, 2011 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)): Two Matters: 1. Banning Ranch Conservancy v City of Newport Beach, et al 4`h District Court of Appeals Case No. G045622 2. Arnie Pike, et al v City of Newport Beach United States District Court, Central Division, Case No. CV -08 -8580 DSF (RNBx) 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 - Reverend Robert Ross, Newport Universalist Society IX. PRESENTATIONS Proclamation Proclaiming November as Pancreatic Cancer Awareness Month Recognition to the City for its Participation in Operation Christmas Presentation of Cultural Arts Grant Checks 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) XII. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 20) 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 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 REGULAR MEETINGS OF NOVEMBER 8, 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. ORDINANCE FOR ADOPTION 3. MACARTHUR BOULEVARD AT 4221 DOLPHIN - STRIKER WAY (PA2010- 135). Conduct second reading and adopt Ordinance No. 2011 -25 approving Planned Community Development Plan Amendment No. PD2010 -007 to change the zoning designation from Restaurant Site "1" to General Commercial Site "8" for property located at 4221 Dolphin- Striker (PA2010 -135). C. RESOLUTIONS FOR ADOPTION 4. APPROVAL OF MEASURE M2 EXPENDITURE REPORT. Adopt Resolution No. 2011 -103 approving the the M2 Expenditure report subject to technical revisions in conformance with OCTA guidelines. 5. ADOPT A RESOLUTION TO SUBMIT FUNDING APPLICATIONS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) FOR FUNDING UNDER THE MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM (CTFP). Adopt Resolution No. 2011 -104 approving the submittal of four funding applications to OCTA in accordance with the CTFP guidelines as part of the current Measure M2 call for projects. 6. RESOLUTION SUPPORTING AN APPLICATION BY CITY OF COSTA MESA FOR OCTA MEASURE M2 TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM FOR PLACENTIA AVENUE AND 17TH STREET. Adopt Resolution No. 2011 -105 supporting the City of Costa Mesa application for the OCTA Measure M2 Traffic Signal Synchronization Program for the Placentia Avenue and 17`" Street Corridor Synchronization Projects. RESOLUTION SUPPORTING AN APPLICATION BY CITY OF IRVINE FOR OCTA MEASURE M2 TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM FOR BONITA CANYON DRIVE -FORD ROAD AND UNIVERSITY DRIVE. Adopt Resolution No. 2011 -106 supporting the City of Irvine application for the OCTA Measure M2 Traffic Signal Synchronization Program for the Ford Road - Bonita Canyon Drive - Culver Drive and University Drive - Jeffrey Road Corridor Projects. D. CONTRACTS AND AGREEMENTS 8. LIDO ISLE PAVEMENT REHABILITATION PHASE III — NOTICE OF COMPLETION OF COMPLETION OF CONTRACT NO. 4520. 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. 9. HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4609. 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. PROCUREMENT OF AN ENTERPRISE CONTENT MANAGEMENT (ECM) SYSTEM. Approve the execution of an agreement with American Microlmaging, Inc. (AMI) for the implementation of an Enterprise Content Management System, to be completed for an amount not to exceed $209,757.00. 11. 2012 NEWPORT BEACH RESTAURANT WEEK PROFESSIONAL SERVICES AGREEMENT. Approve and authorize the Mayor and City Clerk to sign the January 2012 Restaurant Week Professional Services Agreement between the City of Newport Beach and California Marketing Concepts, Inc. (CIVIC, Inc.). 12. INVESTMENT ADVISOR CONTRACT APPROVALS. Approve three, five -year professional services contracts for investment advisory services with Chandler Asset Management, Cutwater Investor Services Corporation, and PFM Asset Management. 13. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 4 WITH BOHLIN CYWINSKI JACKSON (BCJ) FOR FURNITURE FURNISHINGS AND EQUIPMENT (FF &E) DESIGN DEVELOPMENT AND SUPPORT SERVICES. Approve Professional Services Agreement Amendment No. 4 with BCJ of San Francisco for Civic Center and Park Project FF &E design development and support services at a not -to- exceed price of $220,310.00, and authorize the Mayor and the City Clerk to execute the Amendment. E. MISCELLANEOUS 14. PLANNING COMMISSION AGENDA FOR NOVEMBER 17, 2011. Receive and file agenda. 15. SHORE CLIFFS PROPERTY OWNERS ASSOCIATION REQUEST FOR STREET TREE UP- LIGHTING AND ELECTRICAL APPURTENANCES. a) Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow up- lighting and electrical appurtenances for five (5) Coral City street trees along Seaward Road, contingent upon all conditions of the Encroachment Permit process being met; and b) allow the City to enter into an Encroachment Agreement with the Shore Cliffs Property Owners Association. 16. APPROVE FUNDING FOR NEIGHBORHOOD REVITALIZATION PROJECT PLANNING. Approve Budget Amendment No. 12BA -017 appropriating $296,115 from the General Fund unappropriated fund balance to Account No. 7014- C8002023 and transferring $230,840 from Economic Development Account No. 2720 -8080 to Account No. 7014- C8002023 for Neighborhood Revitalization concept planning. 17. REVENUE APPROPRIATION FOR POLICE DEPARTMENT JAIL FACILITY IMPROVEMENTS. Approve Budget Amendment No. 12BA -019 appropriating $70,000 in additional revenues from dispositioned cases to the Police Department Structures and Improvements Account for improvements in the Jail facility. 18. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION. a) Declare a vacancy on the Planning Commission due to the resignation of Charles Unsworth effective November 14, 2011; b) confirm the Mayor's appointment of Mayor Michael Henn, Mayor Pro Tern Nancy Gardner, and Council Member Ed Selich to serve on the Ad -Hoc Appointments Committee; and c) direct the City Clerk to post and publish a Special Vacancy Notice requesting that applications be submitted by 4:00 p.m. on Wednesday, December 14, 2011, and schedule the submission of nominations to the City Council on January 10, 2012 with the final appointment to be made on January 25, 2012. 19. NOMINATIONS FOR THE CITY'S VOTING MEMBER ON THE VISIT NEWPORT BEACH EXECUTIVE COMMITTEE. Confirm the nominations of Paul Blank (District 6) and Dennis O'Neil (District 6) by the Ad Hoc Appointments Committee to fill the voting member position on the VNB Executive Committee. 20. WAIVE COUNCIL POLICY A -6, AND SET THE REGULAR MEETING FOR THE DECEMBER 13, 2011 FOR 5:00 P.M. Waive Council Policy A -6 in order to conduct the December 13, 2011, regular City Council meeting at 5:00 p.m. 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 M11 21. HOUSING ELEMENT UPDATE (PA2008 -078). a) Conduct a public hearing; and b) adopt Resolution No. 2011 -107 adopting the Negative Declaration and the 2008 -2014 Housing Element. 22. CITY COUNCIL REDISTRICTING. a) Conduct a public hearing; and b) introduce Ordinance No. 2011 -27 approving the City Council Redistricting Committee's proposed changes to the City Council District boundaries, and pass to second reading on December 13, 2011. 23. APPROVAL OF MASTER FEE SCHEDULE AND CHANGE IN SUBSIDIES. a) Conduct a public hearing; b) adopt Resolution No. 2011 -108 approving the Master Fee Schedule; c) introduce Ordinance No. 2011 -28, amending NBMC Section 3.36.030, and pass to second reading on December 13, 2011; d) introduce Ordinance No. 2011 -29, amending NBMC Section 5.04.200 and deleting NBMC Sections 5.08.040, 5.08.050, 5.08.060, 5.08.070 and 5.08.080, and pass to second reading on December 13, 2011; and e) introduce Ordinance No. 2011 -30, amending NBMC Sections 14.12.010, 14.12.090, 14.12.125, 14.20.010, 14.20.020, 14.20.050, 14.20.060, and 14.20.070 and deleting Section 14.20.030, and pass to second reading on December 13, 2011. 24. APPEAL OF THE PARKS, BEACHES AND RECREATION COMMISSION'S DECISION REGARDING THE REMOVAL OF EIGHTEEN (18) BLUE GUM EUCALYPTUS TREES ON HOLIDAY ROAD. Municipal Operations staff recommends that City Council reverse the decision of the Parks, Beaches and Recreation Commission (PB &R) and direct staff to have the eighteen (18) Blue Gum Eucalyptus (BGE) trees on Holiday Road removed, repair turf and minor softscape, and work with the affected residents on selecting replacement trees for the neighborhood. 25. UPDATE PARKING PERMIT FEES. a) Adopt Resolution No. 2011 -109 updating the Annual Parking Permit to 1) adjust the fee to reflect current market rates; 2) allow for an automatic annual adjustment by CPI; 3) limit the proration to once each year, on October 1; d) provide a fifty percent (50 %) discount to senior citizens; and e) provide a twenty -five percent (25 %) discount to veterans; b) adopt Resolution No. 2011 -110 updating the Overnight Permit to: 1) adjust the fee to reflect CPI changes; 2) allow for an automatic annual adjustment by CPI; 3) limit the proration to once each year, on October 1; 4) provide a fifty percent (50 %) discount to senior citizens; and 5) provide a twenty -five percent (25 %) discount to veterans; and c) adopt Resolution No. 2011 -111 changing the Master Parking Permit to: 1) lower the fee to $450; 2) limit the proration to once each year, on October 1; and 3) provide a twenty -five percent (25 %) discount to veterans. 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