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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, AUGUST 9, 2011, AT 7:00 P.M. COUNCIL CHAMBERS 3300 NEWPORT BOULEVARD MICHAEL F. HENN Mayor NANCY GARDNER Mayor Pro Tern � 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 PIP 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 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 AUGUST 9, 2011 STUDY SESSION — 4:00 p.m. II. CLOSED SESSION A. Conference with Legal Counsel - Existing Litigation (Government Code & 54956.9(a)): Five matters: 1. Status report of 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. 2. Pacific Shores v. Newport Beach, U.S. District Court Case No. SACV 08 -00457 AG (PLAx); U.S. Court of Appeals for the Ninth Circuit Case No. 11 -55460 3. Newport Coast Recovery and Yellowstone Recovery v. City of Newport Beach, U.S. District Court Case No. SACV 09- 0701 -DOC (ANx); U.S. Court of Appeals for the Ninth Circuit Case No. 11 -55461 4. MORN v. City of Newport Beach, OCSC Case No. 30- 0211 - 0044700 5. Wedgeworth v. Newport Beach, Orange County Superior Court Case No. 30 -2011- 00493787 B. Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation (Government Code S 54956.9(c)): Three matters: 1. Potential initiation of litigation against Morningside Recovery, LLC for failure to comply with Zoning Agreement. 2. Potential initiation of litigation against Pacific Shores Recovery in order to enforce terms of its reasonable accommodation and abate violations of the Newport Beach Municipal Code. 3. Potential initiation of litigation against Yellowstone Recovery in order to abate violations of the Newport Beach Municipal Code. C. Conference with Real Property Negotiator (Government Code 4 54956.8): One matter: Prooertv: 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: Price, terms of payment or both with respect to resolution of boundary dispute 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. Conference with Labor Negotiators (Government Code 6 54957.6): Agency Designated Representatives: Dave Kiff, City Manager; Dana Smith, Assistant City Manager; Terri Cassidy, Human Resources Director Employee Organization: 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 (NEEL); Newport Beach Part-Time Unit (UPEC, Local 777) E. Public Employee Performance Evaluation (Government Code S 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 VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION — Reverend Karl Stuckenberg, Newport Center United Methodist Church IX. PRESENTATIONS - None 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 XII. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 11) 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. B. C. READING OF MINUTES /ORDINANCES AND RESOLUTIONS MINUTES FOR THE SPECIAL MEETING AND REGULAR MEETING OF JULY 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 pursuant to Charter Section 412. ORDINANCE FOR ADOPTION 3. DEVELOPMENT AGREEMENT NO. 2010 -001 BETWEEN THE CITY OF NEWPORT BEACH AND MORNINGSIDE RECOVERY, LLC (PA2011 -107). Conduct second reading and adopt Ordinance No. 2011 -20 terminating Development Agreement No. 2010 -001 between the City of Newport Beach and Morningside Recovery, LLC. CONTRACTS AND AGREEMENTS 4. CITY HALL AND LIMITED OFF -SITE HOLIDAY CLOSURE (DECEMBER 24, 2011 THROUGH JANUARY 2, 2012). Approve closing the City Hall complex and provide limited City services at off -site facilities beginning Saturday, December 24, 2011 through and including Monday, January 2, 2012. The proposed City Hall closure does not apply to public safety or other essential functions that provide necessary municipal services. 5. LOWER BUCK GULLY RESTORATION PROJECT — AWARD OF CONTRACT NO. 3780. a) Approve the project drawings and specifications; b) award Contract No. 3780 to Environmental Construction, Inc. for the total bid price of $1,188,558.36, and authorize the Mayor and the City Clerk to execute the contract; and c) establish a contingency of $181,441.64 (approximately 15 percent) to cover the cost of unforeseen work. 6. REQUEST TO SELL CITY -OWNED PROPERTY IN FRONT OF 412 CARNATION AVENUE. a) Conditionally approve the sale of the City -owned property in front of 412 Carnation Avenue to the property owner's of 412 and 412'/2 Carnation Avenue as described in the agreement for purchase and sale of real property; and b) authorize the City Manager to execute the agreement for purchase and sale of real property on behalf of the City. 7. 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4561. 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. MISCELLANEOUS 8. PLANNING COMMISSION AGENDA FOR AUGUST 4, 2011. Receive and file written report. 9. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC) APPOINTMENTS AND DIRECTIVE TO REVIEW THE NEWPORT BANNING RANCH DRAFT ENVIRONMENTAL IMPACT REPORT. a) Confirm Council Member Hill's appointment of Debbie Stevens as an at -large member of the Environmental Quality Affairs Citizens Advisory Committee; b) confirm Council Member Hill's appointment of Barbara Thibault as the District 3 seat on the Environmental Quality Affairs Citizens Advisory Committee; c) confirm the Mayor's appointment of Debbie Stevens as the Chairperson of the Environmental Quality Affairs Citizens Advisory Committee; and d) direct the Environmental Quality Affairs Citizens Advisory Committee to review and submit comments on the draft Environmental Impact Report for the Newport Banning Ranch project. 10. SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND ( SLESF). a) Authorize the City of Newport Beach (Police Department) to join Orange County's group application for SLESF funding to the State of California for FY 11/12 and for the Chief of Police to execute on behalf of the City any documents necessary to apply for and accept SLESF funding; and b) approve Budget Amendment 12BA -004 increasing revenue projections in the SLESF Fund, 128 -4809, by $100,000, and increasing expenditure appropriations in the SLESF Fund Salary Reimbursement Account, 1280 -7095, by $100,000. 11. LETTER TO COSTA MESA EXPRESSING CONCERNS REGARDING PROPOSED HELISTOP - 3132 AIRWAY AVENUE, COSTA MESA. Receive and file. 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 12. NERO PROPERTY AMENDMENTS (PA2011 -061) - 105 15TH STREET - AMENDMENTS TO THE GENERAL PLAN, COASTAL LAND USE PLAN, AND THE ZONING MAP TO CHANGE THE DESIGNATIONS OF THE SUBJECT PROPERTY FROM TWO -UNIT RESIDENTIAL (RT, RT -D AND R-2) TO MIXED -USE HORIZONTAL (MU -H4, MU -H AND MU -CV /15TH ST) LAND USE DESIGNATIONS. a) Conduct a public hearing; b) adopt Resolution No. 2011 -85 approving General Plan Amendment No. GP2011 -004 and Local Coastal Plan Amendment No. LC2011 -003; and c) introduce Ordinance No. 2011 -21 approving Code Amendment No. CA2011 -007, and pass to second reading for adoption on September 13, 2011. 13. MARINER'S POINTE (PA2010 -114) - AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A GENERAL PLAN AMENDMENT (GPA) AND RELATED DISCRETIONARY APPLICATIONS TO ACCOMMODATE THE DEVELOPMENT OF A NEW TWO -STORY COMMERCIAL BUILDING AND A THREE - STORY PARKING STRUCTURE [SUBSEQUENT TO THE PLANNING COMMISSION'S ACTION ON THE PROJECT, THE APPLICANT HAS MODIFIED THE PROJECT REDUCING THE GROSS FLOOR AREA FROM 23,015 SQUARE FEET (APPROX 0.7 FAR) TO 19,905 SQUARE FEET (APPROX. 0.6 FAR) AND ELIMINATING THE NEED TO UTILIZE OFF -SITE PARKING]. a) Conduct a public hearing; b -1) uphold or reverse the Planning Commission's decision by either adopting Resolution No. 2011 -86 for denial without prejudice OR b -2) adopting Resolution No. 2011 -86 approving the revised project by 1) adopting the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program, 2) finding that, based on the weight of the evidence in the administrative record, including Traffic Study No. TS2011 -001, that the Project complies with the Traffic Phasing Ordinance (TPO), and 3) approving General Plan Amendment No. GP2010 -009, Site Development Review No. SR2010 -001, Conditional Use Permit No. 2010 -024, Variance No. 2010 -004, and Parcel Map No. 2010 -008, subject to findings and conditions; and c) introduce Ordinance No. 2011 -22 approving Code Amendment No. CA2010 -009, and pass to second reading for adoption on September 13, 2011. XVII. CURRENT BUSINESS 14. QUARTERLY BUSINESS REPORT (QBR) UPDATE. Review and comment, as desired. 15. RESPONSE TO THE ORANGE COUNTY GRAND JURY — "COMPENSATION STUDY OF ORANGE COUNTY CITIES." Authorize the Mayor to send a response to the Presiding Judge. 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 former City Manager Kevin Murphy