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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, APRIL 26, 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 APRIL 26, 2011 I. STUDY SESSION — 4:00 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)): One matter: Status Report on Pending Litigation: We will report on a global basis on all pending litigation involving the City. This is an informational item only. No action, however, may be taken on any item unless it is specifically noticed below. B. Conference with Legal Counsel — Anticipated Litigation — Exposure to Litigation (Government Code S 54956.9(b)): One matter: Based upon facts and circumstances not known to a potential plaintiff or plaintiffs, and as a result need not be disclosed (Section 54956.9(b)(3)(A)), a point has been reached where the City Council will meet to: (1) determine based upon the advice of its legal counsel whether there is a significant exposure to litigation against the City (Section 54956.9(b)(2)); and if so, (2) to discuss those facts and circumstances and potential action regarding the same (Section 54956.9(b)(3)(A)), C. 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 VI. CLOSED SESSION REPORT (if applicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION — Mr. Frank Carpenter 1 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. IX. Orange County Transportation Authority (OCTA) Presentation of Resolution of Appreciation to Newport Beach for Partnering to Deliver Needed Transportation Solutions Presentation of check to the City by Scott Paulson, President of Friends of OASIS OPISnetwork presentation of the Judi Kaminishi Award of Excellence 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 - 9) 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 MARCH 22, 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. RESOLUTIONS FOR ADOPTION 3. RESOLUTION SUPPORTING AN APPLICATION BY THE CITY OF IRVINE FOR ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) MEASURE M2 TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM FOR JAMBOREE ROAD. Adopt Resolution No. 2011 -33 supporting the City of Irvine's application for the OCTA Measure M2 Traffic Signal Synchronization Program for the Jamboree Road Corridor Project from Portola Parkway to MacArthur Boulevard. 4. SPECIAL EVENTS TEMPORARY BUSINESS LICENSE. Adopt Resolution No. 2011 -34 which would 1) reduce the business license tax for exhibitors, vendors and other event service providers at permitted special events to $20 (the fee can be adjusted annually by the Consumer Price Index); 2) require a special event organizer to include, with any special event permit application, a roster of exhibitors, vendors and other service providers participating in the special event; and 3) require a special event organizer to collect such business license tax from each of its exhibitors, vendors, and other service providers, and remit such payment to the City prior to the special event. C. CONTRACTS AND AGREEMENTS 5. REVIEW OF SEAWALL STRUCTURAL INTEGRITY AND SEAWATER OVER- TOPPING ASSESSMENT FOR BALBOA AND LITTLE BALBOA ISLANDS — APPROVAL OF THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. Approve Amendment No. 3 to the Professional Services Agreement with Everest International Consultants, Inc. of Long Beach, to perform additional tasks requested by staff at a contract price of $15,466, and authorize the Mayor and City Clerk to execute the Amendment. 6. 2010 -2011 OCEAN PIERS MAINTENANCE — AWARD OF CONTRACT NO. 4682.6 a) Approve the project drawings and specifications; b) award Contract No. 4682 to Associated Pacific Constructors, Inc. for the total bid price of $316,700, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $47,500 (15 %) to cover the cost of unforeseen work not included in the original contract. ANIMAL SHELTERING SERVICES. Approve the execution of an agreement with the Orange County Humane Society for the provision of animal sheltering services in an amount not to exceed $94,000 annually for a period of two years, with the City option to renew for three additional one -year terms. 8. PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA CONSULTING LLC FOR ENVIRONMENTAL SERVICES RELATED TO NEWPORT BANNING RANCH DEVELOPMENT. Receive and file. D. MISCELLANEOUS 9. PLANNING COMMISSION AGENDA FOR APRIL 21, 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 10. NEWPORT THEATRE ARTS CENTER ELECTRONIC SIGN — 2501 CLIFF DRIVE (PA2011 -063). a) Conduct a public hearing; and b) adopt Resolution No. 2011 -35 granting an exemption of the provisions of Chapter 20.42, and approving retrofitting the existing marquee sign with a new electronic LED changeable copy sign. 11. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), FISCAL YEAR 2011 -2012 ACTION PLAN. a) Conduct a public hearing to receive comments on the 2011 -2012 CDBG Action Plan; b) approve the 2011 -2012 CDBG Action Plan; and c) adopt Resolution No. 2011 -36 adopting the 2011 -2012 Action Plan and authorizing the City Manager to: 1) submit the Action Plan to HUD with any modifications to project allocations necessary to conform the allocations to HUD's final 2011 -2012 CDBG grant allocations and currently unallocated funds in the City's account with HUD; 2) execute the FY 2011 -2012 CDBG Program Grant Agreement and all related documents on behalf of the City; 3) execute subrecipient agreements with the not - for - profit organizations receiving allocations of CDBG finds in the Action Plan; 4) execute a one -year contract extension with LDM Associates, Inc. (year 2 of 3) in an amount not to exceed $60,000 to administer the CDBG program and to monitor Affordable Housing Covenants; and 5) authorize the Community Development Director or his /her designee to be the official representative of the City of Newport Beach to submit required environmental documentation for CDBG projects. fiF' ZlL[1bblr6iN*1NP /e\4FeV10 W&I 6Y*] aI', I» 1l IT, l:11!I &y fell y- 11I =[oll,&]II[CIH: Is] [921 a) Conduct public hearing to receive comments on the 2010 -2015 Regional Analysis of Impediments to Fair Housing Choice; b) approve the 2010 -2015 Regional Analysis of Impediments to Fair Housing Choice; and c) adopt Resolution No. 2011 -37 authorizing the City Manager to submit the 2010 -2015 Regional Analysis of Impediments to Fair Housing Choice Certification to HUD. 13. DEVELOPMENT AGREEMENT ANNUAL COMPLIANCE REVIEW — 2011 — FOR NEWPORT HARBOR LUTHERAN CHURCH (DA 10, PA2009 -137) AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN (DA 5, PA2009 -064). a) Conduct a public hearing; b) find that both institutions have demonstrated good faith compliance with the terms of their development agreements; and c) receive and file Annual Status Report of Development Agreements with Newport Harbor Lutheran Church and Hoag Memorial Hospital Presbyterian. 14. T- MOBILE TELECOMMUNICATIONS PERMIT (PA2011 -021 AND TELECOMMUNICATIONS PERMIT NO. TP2011 -005) — 20311 ACACIA STREET — FOR THE INSTALLATION OF NEW TELECOMMUNICATIONS ANTENNAS ON THE ROOF OF A TWO -STORY OFFICE BUILDING — THE ANTENNAS WILL EXCEED THE 37 -FOOT HEIGHT LIMIT FOR THE AREA BY 3 FEET 10 INCHES. a) Conduct public hearing and review; and b) adopt Resolution No. 2011 -38 approving Telecommunications Permit No. TP2011 -005, subject to findings and conditions of approval. 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) uphold the decision of the Planning Commission and adopt Resolution No. 2011 -39 approving Conditional Use Permit UP2010 -0369 and Comprehensive Sign Program No. CS2011 -003, subject to findings and conditions included within the resolution. XVII. CURRENT BUSINESS 16. APPOINTMENT BY MAYOR OF AD HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO OCCUR ON JUNE 30, 2011. Confirm the Mayor's appointment of , _, and — to serve on the Ad Hoc Appointments Committee to review applications and make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 2011. 17. ORDINANCE NO. 2011 -12 AMENDING NEWPORT BEACH MUNICIPAL CODE TITLE 6 PERTAINING TO GAS - POWERED LEAF BLOWERS IN RESIDENTIAL DISTRICTS. a) Provide input on the administrative policy outlining the homeowner association opt -out procedures; and b) introduce Ordinance No. 2011 -12 amending Newport Beach Municipal Code Title 6, Chapter 6.04 (Garbage, Refuse and Cuttings) by revising Section 6.04.055, and pass to second reading on May 10, 2011. 18. 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. 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