Loading...
HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, SEPTEMBER 13, 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 P 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 SEPTEMBER 13, 2011 STUDY SESSION — 3:30 p.m. II. ROLL CALL III. PUBLIC COMMENTS REGARDING CLOSED SESSION IV. CLOSED SESSION A. Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9(a)): Four matters: 1. 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. 2. 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. 3. MORN v. City of Newport Beach, OCSC Case No. 30- 0211- 00447004. 4. Morningside Recovery, LLC v. City of Newport Beach, OCSC Case No. 30 -2011- 00505900. B. Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation (Government Code § 54956.9(c)): One matter: Potential initiation of litigation against Morningside Recovery, LLC and the owners of the properties located at 4823 A and B River Avenue, 29 Ima Loa Court, 100 Via Antibes, 102 Via Antibes, 208 Via Lido Soud, and 533 Via Lido Soud, to abate the residential care facilities at these locations. C. Conference with Labor Negotiators (Government Code § 54957.6): 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 Organization: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA); Police Employees' Association (PEA); Fire Management Association (FMA); City Employees Association (NBCEA); Newport Beach Professional & Technical Employees Association (NBPTEA); and Newport Beach Employees League (NBEL); Newport Beach Part -Time Unit (UPEC, Local 777). 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. V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE X. INVOCATION — Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal Church XI. PRESENTATION National Moment of Remembrance of the 10" Anniversary of 9111. 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 - 21) 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 lign- in card has been completed, it should be placed in the box provided at the podium. A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF AUGUST 9, 2011 AND SPECIAL MEETINGS OF AUGUST 10, 2011 AND AUGUST 18, 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. ORDINANCES FOR ADOPTION 3. MARINER'S POINTE APPEAL — SECOND READING OF ORDINANCE (PA2010 -114) 100 -300 WEST COAST HIGHWAY. Conduct a second reading and adopt Ordinance No. 2011 -22 approving Code Amendment No.CA2011 -009. 4. NERO PROPERTY AMENDMENTS (PA2011 -061) — 105 15T" STREET. Conduct a second reading and adopt Ordinance No. 2011 -21 approving Code Amendment No. CA2011 -007. C. RESOLUTIONS FOR ADOPTION 5. APPROVAL OF FISCAL YEAR 2010 HOMELAND SECURITY GRANT PROGRAM TRANSFER AGREEMENT. Adopt Resolution No. 2011 -87 approving the Transfer Agreement for Fiscal Year 2010 Homeland Security Grant Program purposes ( "Transfer Agreement ") and authorizing the Police Chief, the Fire Chief, and City Manager to act as the "Authorized Agents" to execute for and on behalf of the City and actions necessary to implement the Transfer Agreement and obtain Federal financial assistance provide by the Federal Department of Homeland Security and sub - granted through the State of California. 6. ENERGY LEADER PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA EDISON AND THE CITY OF NEWPORT BEACH. a) Adopt Resolution No. 2011 -88 supporting an energy partnership between Southern California Edison and City of Newport Beach; b) authorize the City Manager to execute the Energy Leader Partnership Agreement between the City of Newport Beach and Southern California Edison; and c) designate Iris Lee, in the Public Works Department as the "Energy Champion" pursuant to the Energy Leader Partnership Agreement. OVERNIGHT PARKING RESTRICTION ON BACK BAY DRIVE. Adopt Resolution No. 2011 -89 prohibiting the parking of vehicles on Back Bay Drive between Jamboree Road and Shellmaker Road daily from 10:00 p.m. to 6:00 a.m. D. CONTRACTS AND AGREEMENTS 8. NEWPORT COAST ASBS RUNOFF REDUCTION PROGRAM — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH VALLEY SOIL, INC. Approve a Professional Services Agreement with Valley Soil, Inc. for managing installation of weather -based irrigation controllers and related customer service activities at a not to exceed cost of $750,000. 9. BRIDGE MAINTENANCE PROGRAM — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4587. 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; c) release the Faithful Performance Bond one year after Council acceptance; and d) approve Budget Amendment No. 12BA -008 appropriating $16,500 from the unappropriated gas tax fund to 7181- C2001010. 10. APPROVAL OF MASTER FUNDING AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE RENEWED MEASURE M. Approve and execute Master Funding Agreement No. C -1 -2776 with OCTA. 11. SUNSET RIDGE PARK AND MARINA PARK PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 3 WITH SCHMITZ AND ASSOCIATES. Approve Amendment No. 3 to the PSA with Schmitz & Associates, Inc. of Malibu, California for California Coastal Commission application preparation and processing support services at a cost of $107,211.50, and authorize the Mayor and the City Clerk to execute the Amendment. 12. JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO FAIRCHILD ROAD) — APPROVAL OF AMENDMENT NO. 3 WITH VA CONSULTING, INC. Approve Amendment No. 3 with VA Consulting, Inc., for additional engineering services for the Jamboree Road Improvements (Bristol Street North to Fairchild Road) project. 13. AGREEMENT FOR CITY BUILDING FACILITIES CUSTODIAL SERVICES. a) Approve the proposed agreement between the City of Newport Beach and ABM Services, Inc. for the provision of custodial services for City building facilities. 14. UPPER BUCK GULLY RESERVE AREA RESOURCE MANAGEMENT AND TRAIL IMPROVEMENT /RESTORATION. a) Approve an amendment to the IRC Agreement for resource management services in Upper Buck Gully for FY 11/12 in the amount of $185,000; b) approve Budget Amendment No. 12BA -007 1) recognizing a contribution of $90,000 from the Habitat Conservation Fund and appropriating $90,000 to Account No. 7251- C5002009 and transferring $90,000 from Account No. 7014- C5002002 to 7014- C5002009 for construction to the Upper Buck Gully Loop Trail and 2) transferring $185,000 from Account No. 7014- C5002002 to Account No. 0110 -8250 for resource management services; and c) find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15304, Class 4, Minor Alteration to Land, of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. E. MISCELLANEOUS 15. PLANNING COMMISSION AGENDA FOR AUGUST 18, 2011. Receive and file written report. 16. BALBOA THEATER POTENTIAL LEASE AMENDMENTS. Approve proposed amended and restated Balboa Theater Lease with the Balboa Performing Arts Theater Foundation. 17. ACCEPTANCE OF 2011/2012 STATE OF CALIFORNIA, OFFICE OF TRAFFIC SAFETY, DUI ENFORCEMENT AND AWARENESS PROGRAM GRANT #20267. a) Authorize the City Council to accept a $242,399 award granted to the Police Department by the OTS per Council Policies F -3 and F -25. Therefore, to comply with Council Policy F -3, City Council must formally accept the award of $242,399 and create a new appropriation to expend the money; and b) approve Budget Amendment No. 12BA -006 increasing Police revenue estimates and expenditure appropriations by $242,399. 18. BUDGET AMENDMENT TO INCREASE EXPENDITURE APPROPRIATION FROM A DEPOSIT ACCOUNT. a) Approve Budget Amendment No. 12BA -005 transferring funds from the Records Management Building account to Building revenue and increasing Building expenditure appropriations in the amount of $139,560.36 19. FINAL TRACT MAP NO. 17355 - 1691 SAN MIGUEL DRIVE. Review and approve Final Tract Map No. 17355 for a six -lot subdivision located at 1691 San Miguel Drive pursuant to Section 19.60.010 of the Municipal Code. 20. HARBOR COMMISSION GOALS FOR FY 2011 -12. Receive and file. 21. ASSIGNMENT OF BALBOA BAY CLUB GROUND LEASE. a) Approve the proposed assignment of the Balboa Bay Club Ground Lease from Balboa Bay Club, Inc., to Seven -On Capital- Business, Inc., and Mr. Winston Chung and find that Balboa Bay Club, Inc., is not currently in default under the Ground Lease; and b) authorize the Mayor and the City Clerk to sign the Estoppel Certificate and Consent to Ground Lease Assignment on behalf of the City. 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. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVIII. PUBLIC HEARINGS 22. WHITACRE RESIDENCE APPEAL (PA 2010 -105) — 101 15" STREET — THE APPLICANT PROPOSES AN ADDITION TO THE EXISTING RESIDENCE AND THE ADDITION OF A NEW DWELLING UNIT ABOVE THE COMMERCIAL STRUCTURES — FOUR -CAR PARKING IS PROPOSED TO SATISFY THE RESIDENTIAL PARKING REQUIREMENTS. a) Conduct a public hearing; b) uphold the decision of the Planning Commission and adopt Resolution No. 2011 -90 denying Use Permit No. UP2010 -021 and Modification Permit No. MD2010 -027; or reverse the decision of the Planning Commission and adopt Resolution No. 201 1 -91 approving Use Permit No. UP2010 -021 and Modification Permit No. MD2010 -027. 23. MONROVIA AVENUE AMENDMENTS: 1537 MONROVIA AVENUE (PA2011 -082) AND 1539 MONROVIA AVENUE (PA2011 -105) — AMENDMENTS TO THE GENERAL PLAN AND ZONING MAP TO CHANGE THE DESIGNATION OF THE SUBJECT PROPERTIES FROM MULTI -UNIT RESIDENTIAL (RM 2420) TO GENERAL INDUSTRIAL (IG .50 FAR). a) Conduct a public hearing; b) adopt Resolution No. 2011 -92 approving General Plan Amendment No. GP2011 -005; c) adopt Resolution No. 2011 -93 approving General Plan Amendment No. GP2011 -006; and c) introduce Ordinance No. 2011 -23 approving Code Amendment No. CA2011 -008 and Code Amendment No. CA2011 -009, and pass to second reading for adoption on September 27, 2011. 24. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM YEAR 2010 -2011, CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER). a) Hold a public hearing to receive comments on the Program Year 2010 -2011 CAPER; b) approve the Program Year 2010 -2011 CAPER; and c) direct the City manager or his designee to submit the Program Year 2010 -2011 CAPER to HUD. XIX. CURRENT BUSINESS 1:x:4 25. REQUEST TO CONSTRUCT NON - STANDARD, PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY AT 3431 OCEAN BOULEVARD — ENCROACHMENT PERMIT N2011 -0190. Staff recommends approval of the following: Reconstruction of private retaining wall to eliminate the angle point provided that the retaining wall is moved forward toward the residence to ensure no net loss of public area occurs due to the realignment; addition of a tan colored stucco finish to the retaining wall; installation of landscaping and irrigation on the City slope in front of the site between the retaining wall and Ocean Boulevard. Landscaping and irrigation plans shall be approved by the Public Works Department and Municipal Operations Department prior to installation; replacement of the driveway in front of the site with stamped concrete; installation of an above ground gas meter with two concrete pipe bollards; installation of a below ground Edison three -phase transformer vault; and requiring an encroachment agreement for all non - standard private improvements within the public right -of -way. 26. MARINA PARK, CONTRACT NO. 3897 — AUTHORIZE EXECUTION OF COMPROMISE TITLE SETTLEMENT AND LAND EXCHANGE AGREEMENT. Approve and authorize the Mayor to execute an agreement in substantially the same form as the attached Agreement with the California State Lands Commission to permanently fix and establish the location of the boundary line between State sovereign lands and uplands by the Agreement as the Agreed Boundary Line as described in Attachment B and Attachment C. This Agreed Boundary Line will represent the common boundary between sovereign lands of the State and City owned uplands within the subject property. 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. XXI. ADJOURNMENT M