HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, February 10, 2009
Regular Council Meeting - 7:00 p.m.
EDWARD D. SELICH
Mayor
KEITH D. CURRY DON WEBB
Mayor Pro Tem Council Member
MICHAEL F. HENN
Council Member
STEVEN ROSANSKY
Council Member
LESLIE J. DAIGLE
Council Member
NANCY GARDNER
Council Member
HOMER BLUDAU — City Manager LEILANI BROWN — City Clerk
DAVID HUNT — City Attorney SHARON WOOD — 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 web site. The address is:
http://www.city.newport-beach.ca.us/
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.
AMENDED
NEWPORT BEACH CITY COUNCIL AGENDA
COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD
February 10, 2009
I. STUDY SESSION - 4:30 p.m.
II. CLOSED SESSION - After Study Session - Council Chambers Conference Room
A. Conference with Legal Counsel - Anticipated Litigation - Exposure to
Litigation (Government Code 6 54956.9(c): Two matters:
1. Potential litigation regarding Fuji Grill's operating agreement at Corona del
Mar Beach due to its notice that it is terminating its operating agreement.
2. City of Irvine objections under CEQA to approval of Airport Business Area
Conceptual Design Plan.
C.
Title: City Attorney
D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code 4 54957.6):
Agency designated representatives: Human Resources Director, Terri Cassidy, and
Assistant City Manager, Dave Kiff
Employee organization: All city bargaining units
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 - Reverend Robert Jordan Ross, Newport Universalist Society
IX, PRESENTATIONS - None
TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS RECORDED.
RED LIGHT WILL SIGNIFY WHEN SPEAKERS TIME LIMIT IS UP;
YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION.
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 BLVD. DURING NORMAL BUSINESS HOURS. IN ADDITION,
SUCH WRITINGS AND DOCUMENTS WILL BE POSTED ON THE CITY'S
WEBSITE AT W W W.CITY.NEWPORT- BEACH.CA.US
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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 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 and pagers off or set them in the
silent mode.
CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR
REPORT (NON- DISCUSSION ITEM):
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under CONSENT CALENDAR (1— 11) 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, 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 OF THE ADJOURNED REGULAR MEETING OF
JANUARY 27, 2009, AND REGULAR MEETING OF JANUARY 27,
2009. 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
S. ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT,
CITY OF NEWPORT BEACH AND SOBER LIVING BY THE SEA
(SLBTS). Adopt Ordinance No. 2009 -4 relating to a Zoning Implementation
and Public Benefit Agreement ( "Zoning Agreement ") between the City of
Newport Beach ( "City ") and Sober Living by the Sea ( "SLBTS ").
4. A GENERAL PLAN AMENDMENT, PLANNED COMMUNITY
DEVELOPMENT PLAN AMENDMENT, AND PARCEL MAP TO
ALLOW THE DEVELOPMENT OF A NEW, SINGLE - FAMILY
DWELLING ON A PORTION OF THE BIG CANYON GOLF COURSE -
THE GENERAL PLAN AMENDMENT WOULD CHANGE THE LAND
USE CATEGORY FROM PARKS AND RECREATION (PR) TO
SINGLE -UNIT RESIDENTIAL DETACHED (RS -D); THE PLANNED
COMMUNITY DEVELOPMENT PLAN AMENDMENT WOULD
AMEND THE BIG CANYON PLANNED COMMUNITY TO CHANGE
THE LAND USE DESIGNATION FROM "GOLF COURSE" TO "LOW
DENSITY RESIDENTIAL" (PA2007 -210). Adopt Ordinance No. 2009 -5
approving Planned Community Development Plan Amendment No. PD2007-
005.
C. RESOLUTIONS FOR ADOPTION
5. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION
FRANCHISE TO A2Z RECYCLING SERVICES, INC. a) Adopt
Resolution of Intention No. 2009 -_ setting the public hearing for March 10,
2009 to consider the award of a Non-exclusive Solid Waste Franchise to A2Z
Recycling Services, Inc.; and b) introduce Ordinance No. 2009 -_ granting a
Non - exclusive Solid Waste Franchise to A2Z Recycling Services, Inc., and
pass to second reading on march 10, 2009.
6. STREET SWEEPING PARKING RESTRICTIONS ON OCEAN
BOULEVARD IN CORONA DEL MAR. a) Rescind Resolution No. 2008 -5;
and b) adopt Resolution No. 2009 -_ establishing NO PARKING restrictions
for street sweeping along the south side of Ocean Boulevard from Carnation
Avenue to Dahlia Avenue.
D. CONTRACTS AND AGREEMENTS
AMETHYST AVENUE -SOUTH BAYFRONT MOTORIZED TIDE
VALVE REPLACEMENT (C -4063) - AWARD OF CONTRACT.
a) Approve the project plans and specifications; b) award the contract
(C -4063) to John S. Meek Company, Inc. for the total bid price of $76,972.90
and authorize the Mayor and the City Clerk to execute the contract; and
c) establish an amount of $12,000 (150% of total bid) to cover the cost of
unforeseen work.
E. MISCELLANEOUS
8. UNSCHEDULED VACANCY ON THE PARKS, BEACHES AND
RECREATION COMMISSION. Confirm the nominations of Thomas
Anderson (District 3) and Ron Cole (District 5) by the Ad Hoc Appointments
Committee to fill the unscheduled vacancy as a restdt of the resignation of
Cristine Trapp.
9. ENVIRONMENTAL CONSULTING SERVICES FOR AN
ENVIRONMENTAL IMPACT REPORT (EIR) AT 1901 WEST CLIFF
DRIVE -MARINERS MEDICAL ARTS BUILDING. Receive and file.
10. APPOINTMENT OF CHARLES MCKENNA TO ENVIRONMENTAL
QUALITY AFFAIRS COMMITTEE (EQAC). Approve EQAC's
recommendation to appoint Charles McKenna to the Committee in the
Environmental Expertise membership category.
11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA
STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY
SERVICES FOR FISCAL YEAR 08/09. Approve a budget amendment
(09BA -038) to increase expenditure appropriations by $11,077 in Division
4060, Literacy, and to increase revenue estimates for the same amount in
Account No. 4010 -4832, California Library Literacy Services.
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
12. AIRPORT BUSINESS AREA INTEGRATED CONCEPTUAL DEVELOPMENT
PLAN (PA2007 -170 AND PA2008 -003) - APPROVING THE AIRPORT
BUSINESS AREA INTEGRATED CONCEPTUAL DEVELOPMENT PLAN
THAT WOULD ALLOW FOR FUTURE RESIDENTIAL AND MIXED -USE
DEVELOPMENT ON THE KOLL AND CONEXANT PROPERTIES WITHIN
THE AIRPORT AREA THROUGH FUTURE REGULATORY PLANS.
Action: Remove from the calendar.
13. AVIS RENTAL CAR FACILITY (PA 2008 -124) - 4200 CAMPUS DRIVE (CODE
AMENDMENT NO. CA2008 -002 AND USE PERMIT NO. UP2008 -044) - THE
CODE AMENDMENT WOULD APPLY THE INTERIM STUDY (IS) OVERLAY
TO THE SUBJECT PROPERTY REVISING DISTRICTING MAP NO. 35 AND
APPROVE A STUDY PLAN THAT ESTABLISHES DEVELOPMENT
REGULATIONS FOR THE SUBJECT PROPERTY WHICH PROVIDES FOR
IMPLEMENTATION OF GENERAL PLAN POLICIES; AND THE USE
PERMIT WOULD ALLOW THE EXPANSION AND OPERATION OF A
VEHICLE RENTAL FACILITY.
Action: a) Conduct public hearing; b) introduce Ordinance No. 2009 -_
(Attachment 4) approving Code Amendment No. CA2008 -002, and
pass to second reading on February 24, 2009; and c) adopt Resolution
No. 2009 -_ (Attachment 5) approving Use Permit No. UP2008 -044,
effective upon the effective date of the Ordinance implementing Code
Amendment No. CA2008 -002, subject to the findings and conditions
found in the Resolution.
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 3- minutes. Before
speaking, please state your name for the record.
XVII. CONTINUED BUSINESS
14. COUNCIL APPROVAL OF THE WORDING, ACTION STEPS AND
SCHEDULE FOR IMPLEMENTATION OF THE CITY S 2009 PRIORITIES.
Action: a) Review the draft wording, action steps and schedule provided by
the City Manager to determine if they accurately reflect the intent of
the City Council for its 2009 City Council priorities; and b) make
changes, as needed, to reflect the City Council's priority intentions.
XVIII. CURRENT BUSINESS
15. ORAL STATUS REPORT ON HARBOR COMMISSION ACTIONS AND
PROJECTS FROM SEPTEMBER 2008 TO JANUARY 2009.
Action: Receive and file.
XIX, 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.
XX. ADJOURNMENT