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Home My WebLink About0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, MAY 10, 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 10, 2011 STUDY SESSION — 2:00 p.m. II. CLOSED SESSION — After Study Session — Council Chambers Conference Room A. Conference with Legal Counsel — Existing Litigation (Government Code S 54956.9(a)): Three matters: 1. Pacific Shores v. Newport Beach, U.S. District Court Case No. SACV 08 -00457 AG (PLAx) 2. Newport Coast Recovery and Yellowstone Recovery v. City of Newport Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx); 3. MORN v. City of Newport Beach, OCSC Case No. 30- 0211 - 0044700 B. 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. Titles: City Attorney C. Conference with Labor Negotiators (Government Code 6 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); 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) D. Conference with Real Property Negotiator (Government Code & 54956.8): Property: 19752 MacArthur Boulevard, Irvine, APN 445 - 132 -009 City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer Negotiating Parties: South Coast Thrift & Loan (First California Bank) Under Negotiation: Price and Terms of Payment 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. Property: 19742 MacArthur Boulevard, Irvine, APN 445 - 132 -011 City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer Negotiating Parties: Bates Johnson Building, Ltd. Under Negotiation: Price and Terms of Payment Property: 19712 MacArthur Boulevard, Irvine, APN 445 - 132 -018 City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer Negotiating Parties: CIP Centerpoint 123, LLC Under Negotiation: Price and Terms of Payment 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 — The Reverend Peter D. Hayes, Saint Michael and All Angels Episcopal Church IPA Poppy Week Proclamation Relay for Life Proclamation Presentation Regarding the Second Harvest Food Bank Annual Stamp out Hunger Food Drive Presentation Regarding the Is' Battalion 1 81 Marines Care Package Drive 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. XII. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 8) 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 B. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF APRIL 26, 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. 3. ORDINANCE PERTAINING TO THE BUILDING AND FIRE BOARD OF APPEALS; AND RESOLUTION SETTING FORTH THE MEMBERSHIP, TERM, AND PURPOSE AND RESPONSIBILITIES OF THE BUILDING AND FIRE BOARD OF APPEALS. a) Introduce Ordinance No. 2011 -14 adding Chapter 15.80 to Title 15 of the Newport Beach Municipal Code, pertaining to the Building and Fire Board of Appeals; and b) adopt Resolution No. 2011 -40 setting forth the membership, term, and purpose and responsibilities of the Building and Fire Board of Appeals, and waiving Council Policy A -2 relative to the number of terms that members of the Building and Fire Board of Appeals can serve. C. ORDINANCE FOR ADOPTION foil 4. ORDINANCE NO. 2011 -12 AMENDING NEWPORT BEACH MUNICIPAL CODE TITLE 6 PERTAINING TO GAS - POWERED LEAF BLOWERS IN RESIDENTIAL DISTRICTS. Conduct second reading and adopt Ordinance No. 2011 -12 amending Newport Beach Municipal Code Title 6, Chapter 6.04 (Garbage, Refuse and Cuttings) by revising Section 6.04.055. 5. FINANCIAL STATEMENT AUDIT CONTRACT APPROVAL. Authorize the Mayor and City Clerk to sign a contract with Diehl, Evans & Company, LLP to perform the City's annual financial audit for the fiscal year 2010 -11, with the option to renew the contract for another three additional one -year terms. 6. RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP — AWARD OF CONTRACT NO. 4555. a) Approve the project plans and specifications; b) award Contract No. 4555 to Dutra Dredging Company for the total base bid price of $3,369,555 plus $80,850 for extra work associated with the Lido Yacht Anchorage which will be completely funded by the Curci Companies, and authorize the Mayor and the City Clerk to execute the contract; c) authorize the City Manager or his designee to execute any future agreements with private parties who may seek additional dredging along their docks. This extra work, if any, will be entirely funded by the private party requesting the extra work; d) approve Budget Amendment No. 11BA -042 recognizing a contribution of $80,850 from Curd Companies and appropriating $80,850 to Account No. 7231 - C4402005; and e) establish an amount of $517,561 (approximately 15% of base bid and extra work) to cover the cost of unforeseen work not included in the original contract. 3 CARROLL BEEK COMMUNITY CENTER IMPROVEMENTS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4507. 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. E. MISCELLANEOUS 8. PLANNING COMMISSION AGENDA FOR MAY 5, 2011. Receive and file written report. 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 9. APPEAL OF MINIMUM SIDE SETBACK DETERMINATION (PA2011 -013) — BROADMOOR PACIFIC VIEW PLANNED COMMUNITY. a) Conduct public hearing; and b) uphold the determination of the Planning Commission that the Broadmoor Pacific View Planned Community text is silent on the application of side setbacks in non -zero lot line configurations, and therefore, to provide equity and certainty with regard to development limits, a determination should be made requiring a five -foot minimum side setback. 10. 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). a) Conduct public hearing; b) adopt Resolution No. 2011 -41 approving General Plan Amendment Nos. GP2010 -002, GP2010 -013, and GP2011 -002; and Local Coastal Plan Amendment Nos. LC2010 -002, LC2010 -003, and LC2011 -001; and c) introduce Ordinance No. 2011 -15 approving Code Amendment Nos. CA2010 -012, CA2011 -003, and CA2010 -013 to change the zoning districts, and pass to second reading on May 24, 2011. 11. 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. a) Conduct a public hearing; and b) introduce Ordinance No. 2011 -16 approving Planned Community Development Plan Amendment No. PD2011 -001 and Code Amendment No. CA2011 -004, and pass to second reading on May 24, 2011. 12. 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 City Council meeting) XVII. CURRENT BUSINESS 13. LOUD AND UNRULY GATHERING ORDINANCE. Introduce 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, and pass to second reading on May 10, 2011. (continued from the April 26, 2011 City Council meeting) 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