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Home My WebLink About0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, MAY 24, 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 EDWARD D. SELICH Council Member LESLIE J. DAIGLE Council Member KEITH D. CURRY 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 MAY 24, 2011 STUDY SESSION — 3:00 p.m. II. CLOSED SESSION — After Study Session — Council Chambers Conference Room A. Conference with Legal Counsel — Anticipated Litigation — Initiation of Litigation (Government Code § 54956.9(c)): Three matters: 1. Potential initiation of litigation involving the illegal sale of marijuana in violation of the City's Zoning Code and other regulations by The West Coast Cure, Inc., and Jerett Wasserman on property owned by James Jones located at 2814 Newport Blvd, Newport Beach, CA. 2. Potential initiation of litigation involving the illegal sale of marijuana in violation of the City's Zoning Code and other regulations by Natures Alternative Solutions on property owned by Beverly F. Mullan located at 3400 Irvine Ave, #117, Newport Beach, CA. 3. Potential initiation of litigation involving the illegal sale of marijuana in violation of the City's Zoning Code and other regulations by The Healing Tree on property owned by WB Commerce Plaza, LLC located at 4120 Birch St, #121, Newport Beach, CA. B. Conference with Labor Negotiators (Government Code § 54957.6): Agency Designated Representatives: Dave Kiff, City Manager; Terri Cassidy, Human Resources Director 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 Association (PA); City Employees Association (CEA); Newport Beach Professional & Technical Employees Association ( "Prof- Tech "); Newport Beach Employees League (NB LEAGUE); Newport Beach Part-Time Unit (UPEC, Local 777) C. Conference with Real Property Neaotiator (Government Code § 54956.81: One matter. Property: Marina Park Mobile Home Park, 1770 W. Balboa Blvd., Newport Beach City Negotiator: Dave Webb, City Engineer Negotiating Parties: Curtis Fossum State Lands Commission Under Negotiation: Resolution of boundary between Tidelands and Uplands 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. D. Public Employee Performance Evaluation (Government Code 6 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 Vl. CLOSED SESSION REPORT (if applicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION — Melinda Blackman, Harbor Christian Church IX. PRESENTATION Newport Harbor High School Culinary Team Recognition 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 - 10) 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 MINUTES /ORDINANCES AND RESOLUTIONS MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF MAY 10, 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. B. ORDINANCES FOR ADOPTION 3. WEST NEWPORT AMENDMENTS: A) 6480 W. COAST HIGHWAY (PA2010- 190) - KENNARD PROPERTY; B) 6904 W. COAST HIGHWAY (PA2010 -014) — THE NATIONAL CAT PROTECTION SOCIETY; AND C) 6908 -6936 W. COAST HIGHWAY (PA2010 -182) — FROG HOUSE — AMENDMENTS TO THE GENERAL PLAN, COASTAL LAND USE PLAN, AND THE ZONING CODE TO CHANGE THE DESIGNATIONS OF TWO PROPERTIES (THE NATIONAL CAT PROTECTION SOCIETY AND THE FROG HOUSE) FROM TWO -UNIT RESIDENTIAL (RT AND RT -E) TO MIXED -USE VERTICAL (MU -V); AND ONE PROPERTY ( KENNARD PROPERTY) FROM TWO -UNIT RESIDENTIAL (RT AND RT -E) TO GENERAL COMMERCIAL (GC). Conduct second reading and adopt Ordinance No. 2011 -15 approving Code Amendment Nos. CA2010 -012, CA2011 -003, and CA2010 -013 to change the zoning districts. 4. NORTH NEWPORT CENTER PLANNED COMMUNITY (NNCPC) DEVELOPMENT PLAN AMENDMENT (PA2011 -017) — THE PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT TO INCORPORATE THE BLOCK 800 NEWPORT CENTER PLANNED COMMUNITY (PC -23) INTO THE NORTH NEWPORT CENTER PLANNED COMMUNITY (PC -56) AND A CODE AMENDMENT TO CHANGE THE ZONING CLASSIFICATION OF THIS PROPERTY FROM PC -23 TO PC -56; INCLUDES REVISIONS TO THE SIGN AND LIGHTING STANDARDS WITHIN THE PC -56 DEVELOPMENT PLAN; AND UPDATES THE DEVELOPMENT LIMITS TABLE TO REFLECT THE CITY COUNCIL'S PREVIOUS APPROVAL OF TRANSFERS OF DEVELOPMENT RIGHTS. Conduct second reading and adopt Ordinance No. 2011 -16 approving Planned Community Development Plan Amendment No. PD2011 -001 and Code Amendment No. CA2011 -004. 5. LOUD AND UNRULY GATHERING ORDINANCE. Conduct second reading and adopt Ordinance No. 2011 -13 adding Newport Beach Municipal Code Chapter 10.66 pertaining to Loud and Unruly Gatherings and amending Newport Beach Municipal Code Sections 5.95.060 and 5.95.065 pertaining to Short Term Lodging Units. C. RESOLUTION FOR ADOPTION 6. FORMATION OF THE CITY COUNCIL REDISTRICTING COMMITTEE. a) Adopt Resolution No. 2011 -42 establishing a City Council Redistricting Committee; and b) confirm Mayor Henn's appointment of Council Member Steven Rosansky (Chair), Mayor Pro Tern Nancy Gardner, and Council Member Keith Curry to the City Council Redistricting Committee. D. CONTRACTS AND AGREEMENTS NEWPORT COAST ASBS AND BIG CANYON ASSESSMENT AND PROTECTION PROGRAMS — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. a) Approve Budget Amendment No. 11BA -043 recognizing a contribution of $2,500,000 from the State Proposition 84 ASBS Grant to Account No. 255 -482B and appropriating $563,000 to Account No. 7255- C5002006 for Newport Coast ASBS Monitoring; $795,000 to Account No. 7255- C5002007 for Newport Coast ASBS Runoff Reduction Program; and $112,000 to Account No. 7255- C5002008 for Newport Coast ASBS Public Impact Reduction Program; and transferring $49,818 in project savings from Account No. 7013- C2202000 to Account No. 7014 - 05002006; and b) approve a Professional Services Agreement with Weston Solutions Inc. of Carlsbad, at a cost not to exceed $697,818, and authorize the Mayor and City Clerk to execute the Agreement. 8. GRANT CITY MANAGER AUTHORITY TO ENTER INTO CONCESSION AGREEMENT(S) FOR CORONA DEL MAR STATE BEACH. Authorize the City Manager to enter into one or more concession agreements from May 27 through September 30, 2011, on terms approved by the Office of the City Attorney. E. MISCELLANEOUS 9. PLANNING COMMISSION AGENDA FOR MAY 19, 2011. Receive and file written report. 10. RESERVE POLICY (F -2) UPDATE. Adopt Resolution No. 2011 -43 revising Council Policy F -2. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, *X414 i 9 7*] :i 1 RW-1 419 4 Pj RE N 4'dS]9 411 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 11. T- MOBILE TELECOMMUNICATIONS PERMIT (PA2011 -021) — 20311 ACACIA STREET. Continue the public hearing to the June 14, 2011 City Council meeting. 12. ANNUAL REVIEW OF THE NORTH NEWPORT CENTER DEVELOPMENT AGREEMENT (PA2009 -023). a) Conduct public hearing; b) find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and c) receive and file the Annual Report of the Development Agreement for North Newport Center. 13. ANNUAL REVIEW OF THE PACIFIC VIEW MEMORIAL PARK DEVELOPMENT AGREEMENT (PA2009 -024). a) Conduct public hearing; b) find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and c) receive and file the Annual Report of the Development Agreement for Pacific View Memorial Park. 14. ANNUAL REVIEW OF THE FLETCHER JONES MOTORCARS DEVELOPMENT AGREEMENT (PA2009 -052). a) Conduct public hearing; b) find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and c) receive and file the Annual Report of the Development Agreement for Fletcher Jones Motorcars. 15. MALARKY'S IRISH PUB APPEAL (PA2010 -172) — 3011 NEWPORT BOULEVARD — AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. UP2010 -039 AND COMPREHENSIVE SIGN PROGRAM NO. CS2011 -002, AUTHORIZING THE EXPANSION AND REMODEL OF AN EXISTING EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS AND ALLOWING THE USE OF OFF -SITE PARKING. a) Conduct public hearing; and b) modify the decision of the Planning Commission and adopt Resolution No. 2011 -39 approving Conditional Use Permit UP2010 -039 and Comprehensive Sign Program No. CS2011 -003, subject to findings and conditions included within the Resolution. (continued from the April 26, 2011 and May 10, 2011 City Council meetings) XVII. CURRENT BUSINESS 16. QUARTERLY BUSINESS REPORT ( "QBR ") UPDATE. Review and comment, as desired. 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 — In memory of Thomas L. Woodruff