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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, OCTOBER 25, 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 OCTOBER 25, 2011 STUDY SESSION — Cancelled II. ROLL CALL — 5:30 p.m. III. PUBLIC COMMENTS REGARDING CLOSED SESSION Public comments are invited on Closed Session Agenda items. Speakers must limit comments to five (5) minutes. Before speaking, please state your name for the record. IV. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): Two (2) matters: 1. Pacific Shores Properties, LLC, et al v City of Newport Beach Newport Coast Recovery, LLC, et al v City of Newport Beach United States District Court, Central District Case Nos. CV 08- 00457 -JVS (RNBx) & CV 09- 00701 -JVX (RNBx) United States Court of Appeals, 9" Circuit Case Nos. 11 -55460 & 11 -55461 2. Banning Ranch Conservancy v. City of Newport Beach et al. Orange County Superior Court Case No.: 30- 2010 - 00365758- CU- WM -CXC B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: (Initiation of litigation pursuant to Government Code § 54956.9(c)): Three (3) matters. 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) V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING 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. VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE X. INVOCATION —Jim de Boom, Newport Mesa Irvine Interfaith Council XI. PRESENTATIONS — None 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 (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. XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM) XIV. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 9) 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 STUDY SESSION AND REGULAR MEETINGS OF OCTOBER 11, 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. FLETCHER JONES VEHICLE STORAGE FACILITY (PA2011 -076) — 1301 QUAIL STREET. Conduct second reading and adopt Ordinance No. 2011- 24 relating to Planned Development Amendment No. PD2011 -002 to allow vehicle storage as a conditionally permitted use on Hotel Site 2B of PC -11 (Newport Place Planned Community). C. RESOLUTIONS FOR ADOPTION 4. TEMPORARY CHANGE TO THE REGULATIONS ON THE DURATION OF PROMOTIONAL TEMPORARY BANNERS (PA2011 -176). Adopt Resolution No. 2011 -97 allowing businesses to display promotional temporary banners for up to eight (8) times per calendar year not to exceed 120 days total through December 31, 2013. 5. CITY ATTORNEY'S OFFICE STAFF REORGANIZATION. a) Pursuant to Municipal Code Chapter 2.28, adopt Resolution No. 2011 -98, recommended by the City Manager, eliminating two vacant Department Assistant positions, one part-time Deputy City Attorney position and amending the Classification Plan to create, and recruit, a new Legal Assistant position; and b) pursuant to City Council Policy F -20, authorize the City Attorney to enter into an agreement with former part-time Deputy City Attorney Cathy Wolcott for legal and professional services. D. CONTRACTS AND AGREEMENTS 6. APPROVAL OF MAINTENANCE AGREEMENT FOR CITY SEWER LINE ROOT CONTROL SERVICES. Approve the maintenance agreement for as- needed sewer line root control with Duke's Root Control, Inc. for a term of two years and an amount not to exceed $150,000.00. 7. BALBOA THEATER POTENTIAL LEASE AMENDMENTS AND PROPOSED BEACH FESTIVAL DISCUSSION. a) Continue consideration of the Lease Amendment to a future meeting; and b) waive Council Policy B -13 to allow alcohol to be sold at the Balboa Theater Beach Festival fundraiser event tentatively set for Fall 2012 at Peninsula Park Field contingent upon all conditions of the Special Event Permit process being met. E. MISCELLANEOUS 8. PLANNING COMMISSION AGENDA FOR OCTOBER 20, 2011. Receive and file written report. 9. HUMAN SERVICES GRANTS FOR 2011 -2012. Authorize the allocation of $25,000 in Human Services Grants in the following manner: YOUTH EMPLOYMENT SERVICES (HARBOR AREA) $ 4,500 SERVING PEOPLE IN NEED (SPIN) 4,000 ORANGE COUNTY COUNCIL ON AGING 5,000 ADVOCATES FOR GRANDPARENT - GRANDCHILD CONNECTION 3,500 CENTRAL ORANGE COAST YMCA 4,500 NEWPORT HARBOR HIGH SCHOOL 3,500 ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XV. ITEMS REMOVED FROM THE CONSENT CALENDAR 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 three (3) minutes. Before speaking, please state your name for the record. C7 XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVIII. PUBLIC HEARINGS 10. FORMER BUBBLES RESTAURANT APPEAL - CONDITIONAL USE PERMIT NO. UP2011 -012 (PA2011 -062) - 111 PALM STREET. a) Conduct a de novo public hearing; and b) adopt Resolution No. 2011 -99 upholding the Planning Commission's approval of Conditional Use Permit No. UP2010 -036, subject to findings and conditions. 11. VACATION OF A SEWER EASEMENT AT 715 ST. JAMES ROAD. a) Conduct a public hearing to propose vacating said sewer easement; and b) if desired, adopt Resolution No. 2011 -100 ordering the vacation of a 10 -foot wide sewer easement at 715 St. James Road, direct staff to process the vacation, and direct the City Clerk to have the Resolution recorded by the Orange County Recorder's Office. 12. APPEAL — MACARTHUR BOULEVARD AT 4221 DOLPHIN STRIKER WAY (PA2010- 135). Uphold or reverse the Planning Commission's decision by either: a) adopting Resolution No. 2011 -101 for denial without prejudice OR b) adopting Resolution No. 2011 -101 approving the revised project by: 1) adopting the Mitigated Negative Declaration, including the Errata and Mitigation Monitoring and Report Program; 2) finding that, based on the weight of evidence in the administrative record, including Traffic Study No. TS2011 -002, that the project complies with the Traffic Phasing Ordinance (TPO); 3) approving Transfer of Development Rights No. TD2010 -002, Conditional Use Permit No. UP2011 -026, Modification Permit No. Mn2011 -014; and Waiver of Development Agreement, subject to findings and conditions; and 4) introduce Ordinance No. 2011 -25 approving Planned Community Development Plan Amendment No. PD2010 -007, and pass to second reading on November 22, 2011 (contingent on the Airport Land Use Commission action which tentatively is scheduled to meet on November 17, 2011). 13. ANNUAL REVIEW OF DEVELOPMENT AGREEMENT NO. 14 (NEWPORT COAST) (PA2011 -030). a) Conduct a 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 Annexation and Development Agreement. 14. CITY COUNCIL REDISTRICTING. a) Conduct a public hearing; and b) introduce Ordinance No. 2011 -26 approving the City Council Redistricting Committee's proposed changes to the City Council District boundaries, and pass to second reading on November 8, 2011. 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 — In memory of Randall Decker 0