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Home My WebLink About00 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JULY 69 2010, AT 7:00 P.M. COUNCIL CHAMBERS 3300 NEWPORT BOULEVARD KEITH D. CURRY Mayor MICHAEL F. HENN DON WEBB Mayor Pro Tem. EDWARD D. SELICH Council Member Council Member LESLIE J. DAIGLE Council Member STEVEN ROSANSKY NANCY GARDNER Council Member 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.newportbeachea.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 JULY 6, 2010 I. STUDY SESSION - 5:00 p.m. II. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. Conference with Legal Counsel - Existing Litigation (Government Code $ 54956.9(a)): Four matters: 1. City of Newport Beach v. Leason, Orange County Superior Court Case No. 2008- 00102565 2. Pacific Shores v. Newport Beach, U.S. District Court Case No. SACV 08 -00457 AG (PLAx) 3. Newport Coast Recovery and Yellowstone Recovery v. City of Newport Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx) B. Conference with Legal Counsel - Anticipated Litigation - Exposure to Litigation (Government Code § 54956.9(b): One matter: Potential litigation regarding NextG application for use of public right -of -way for new telecommunications equipment. 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 - Pastor Bradley Stienstra, Newport Harbor Lutheran Church IX. PRESENTATION Parks and Recreation Month Proclamation 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 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.newportbeachea.gov. 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 MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF JUNE 22, 2010. 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. CODE AMENDMENT TO ALLOW THE CHANGE OF A FRONT -YARD SETBACK ESTABLISHED ON DISTRICTING MAP NO. 24 FROM 38 FEET TO 16 FEET (PA2010 -017). Adopt Ordinance No. 2010 -11 approving Code Amendment No. CA2010 -002. 4. DIAGNOSTIC AND INTERVENTIONAL SPINAL CARE (D.I.S.C.) (PA2010- 062) — 3501 JAMBOREE ROAD AND 301 BAYVIEW CIRCLE — PLANNED COMMUNITY AMENDMENT NO. PD2010 -004 AND TRAFFIC STUDY NO. TS2010 -002 — ADDING OUTPATIENT SURGERY AND MEDICAL OFFICE AS PERMITTED USES, ADDING PARKING REQUIREMENT OF 1/200 SQUARE FEET FOR SUCH USES, AND FINDING THAT THE TRAFFIC STUDY COMPLIES WITH THE TRAFFIC PHASING ORDINANCE. Adopt Ordinance No. 2010 -12 approving Planned Community Amendment No. PD2010 -004. C. RESOLUTIONS FOR ADOPTION 5. APPROVAL OF RESOLUTIONS ADOPTING MEMORANDUM OF UNDERSTANDING WITH THE POLICE ASSOCIATION (PA), POLICE MANAGEMENT ASSOCIATION (PMA), AND ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS (ANBOL); AND ADOPTION OF RESOLUTION IMPLEMENTING A CALPERS TIME -IN -GRADE EXCEPTION. a) Adopt Resolution No. 2010 -_ adopting the Memorandum of Understanding between the City of Newport Beach and the Police Association, Resolution No. 2010- between the City of Newport Beach and the Police Management Association, and Resolution No. 2010 -_ between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards; and b) adopt Resolution No. 2010- adopting the Ca1PERS Employer -Paid Member Contribution Time -in- Grade Exception. XIII. XIV. XV. XVI. D. CONTRACTS AND AGREEMENTS 6. PLAYGROUND RESILIENT SURFACE RENOVATION — PHASE 2 - AWARD OF CONTRACT (C- 4494), a) Approve the project plans and specifications; b) award Contract No. 4228 to R.E. Shultz Construction for the Total Bid Price of $44,160, and authorize the Mayor and the City Clerk to execute the contract; and c) establish a contingency amount of $6,640, approximately 15% to cover the cost of unforeseen work. PROFESSIONAL SERVICES AGREEMENT WITH CALIFORNIA MARKETING CONCEPTS, INC. FOR RESTAURANT WEEK JANUARY 2011 (C- 4421). Approve and authorize the Mayor and City Clerk to execute the Professional Services Agreement (PSA) for Restaurant Week 2011 with California Marketing Concepts, Inc. (CMC, Inc). 8. CONTRACT RENEWAL WITH LDM ASSOCIATES FOR ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 2010 -2011. Approve and authorize the Mayor and City Clerk to execute the contract renewal with LDM Associates. E. MISCELLANEOUS 9. PLANNING COMMISSION AGENDA FOR JUNE 24, 2010. Receive and file written report. 10. APPOINTMENT TO COASTAL/BAY WATER QUALITY CITIZENS' ADVISORY COMMITTEE. Appoint Roberta Jorgensen as the designee of District #1 Council Member Mike Henn to the Coastal/Bay Water Quality Citizens' Advisory Committee, effective immediately. ITEMS REMOVED FROM THE CONSENT CALENDAR ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES 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. 11. GENERAL MUNICIPAL ELECTION — NOVEMBER 2, 2010: ADOPTION OF RESOLUTIONS CALLING THE ELECTION, REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION, ADOPTING REGULATIONS PERTAINING TO CANDIDATES STATEMENTS, SUBMITTING QUESTIONS FOR PROPOSED CHARTER AMENDMENTS AND ORDINANCE REPEAL; SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; AND PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR TWO CITY MEASURES. Adopt the following resolutions pertaining to the General Municipal Election scheduled for Tuesday, November 2, 2010 pursuant to Section 1000 of the City Charter: a) adopt Resolution No. 2010- Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 2, 2010 for the Submission of Proposed Charter Amendments and Ordinance Repeal; b) Adopt Resolution No. 2010- Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 2, 2010, with the Statewide General Election to be Held on the Same Date Pursuant to California Elections Code Section 10403; c) adopt Resolution No. 2010- Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be Held on Tuesday, November 2, 2010; d) adopt Resolution No. 2010- Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 2, 2010, for the Submission of Proposed Charter Amendments and Ordinance Repeal; e) after discussion, adopt Resolution No. 2010 -_ Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare an Impartial Analysis; and f) adopt Resolution No. 2010 -_ Providing for the Filing of Rebuttal Arguments for Two City Measures Submitted to Voters at the General Municipal Election to be Held on Tuesday, November 2, 2010 Pursuant to California Elections Code Section 9285. (Item to be discussed at 7.20 p.m.) XVII. CURRENT BUSINESS 12. NEXTG TELECOM PERMITS FOR A DISTRIBUTED ANTENNA SYSTEM WITHIN THE PUBLIC RIGHT -OF -WAY. a) Conduct a Special Review of the applications, pursuant to Section 15.70.070(F) of the Newport Beach Municipal Code (NBMC); b) deny Telecommunications Permits No. TP2009 -003, TP2009 -004, TP2009 -005, TP2009 -006, TP2009 -007 and the fiber optic network associated with those particular sites; c) approve Telecommunications Permits No. TP2009 -008 and TP2009 -009, with conditions, to allow the installation of wireless telecommunications facilities (telecom facilities) at 3215 (CS) Marcus Avenue and 202 (CS) Santa Ana Avenue and the fiber optic network associated with those particular sites; and d) direct staff to prepare the appropriate resolutions for consideration and adoption at the next 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. XD{. ADJOURNMENT— In memory of Claudio Patino IV