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Home My WebLink About0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, MARCH 22, 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 MARCH 22, 2011 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 S 54956.9(a)): One matter: 1. Banning Ranch Conservancy v. City of Newport Beach, Orange County Superior COZdllii sR.1Iti�IIr��LGII�Uki:I.fbY:? B. Conference with Legal Counsel — Anticipated Litigation — EXPOSURE TO LITIGATION (Government Code S 54956.9(bl): One matter: 1. Potential exposure to litigation arising from threat of violation from California Coastal Commission for brush clearance allegedly being performed without a Coastal Development Permit on City Sunset Ridge Park property prior to City ownership. C. Public Employee Performance Evaluation (Government Code § 54957(b)(1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of two public employees. Titles: City Manager and City Clerk 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 — Boy Scout Troop 37 VIII. INVOCATION IX. PRESENTATIONS Recognition of Corona del Mar High School Boys Water Polo Team, 2010 CIF Southern Section Division II Champions Orange County Water District Storm Water Capture 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. 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 I -JI MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF MARCH 8, 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. 3. CODE AMENDMENT NO. CA2010 -010 (1537 SANTANELLA TERRACE) — SECOND READING AND ADOPTION OF ORDINANCE NO. 2011 -9 TO CHANGE THE FRONT SETBACK ESTABLISHED ON SETBACK MAP S -9A — IRVINE TERRACE FROM 34 FEET TO 19 FEET FOR THE PROPERTY LOCATED AT 1537 SANTANELLA TERRACE. Conduct second reading and adopt Ordinance No. 2011 -9, as introduced by the City Council on March 8, 2011 (Code Amendment No. CA2010 -010) to change the front setback established by Setback Map S -9A — Irvine Terrace from 34 feet to 19 feet for the property located at 1537 Santanella Terrace. 4. APPROVAL OF MASTER FEE SCHEDULE AND CHANGE IN SUBSIDIES. a) Conduct second reading and adopt Ordinance No. 2011 -10, amending NBMC Section 3.36.030.3.4; and b) conduct second reading and adopt Ordinance No. 2011 -11, updating NBMC Sections 14.12.085(A) and 14.12.125(A) to refer to the appropriate fees. C. CONTRACTS AND AGREEMENTS 5. PHASES 4 & 7 OF THE TRAFFIC SIGNAL MODERNIZATION PROJECT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4395. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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. 6. TSUNAMI WARNING SYSTEM — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4152. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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 this Council acceptance. D. MISCELLANEOUS PLANNING COMMISSION AGENDA FOR MARCH 17, 2011. Receive and file written report. 8. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION (NBPLF) AND APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGETS FOR FY 2010/11 Approve Budget Amendment No. 11 BA -031 to increase revenue estimates by $7,450 in Account No. 4090 -5893 (Library Foundation /NBPLF). Expenditure estimates will be increased by $5,000 in Division 4090 (Library Foundation) and by $2,450 in Division 4060 (Literacy Services). 9. GENERAL PLAN ANNUAL STATUS REPORT INCLUDING HOUSING ELEMENT REPORT (PA2007 -195) — Pursuant to State law, the City prepares an annual report on the status of the City's General Plan and Housing Element for its legislative bodies, the State Office of Planning and Research (OPR), and the State Department of Housing and Community Development (HCD). After review by the City Council, the report is submitted to OPR and HCD. Action: 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 HEARING 10. CROW BURGER KITCHEN MINOR USE PERMIT (PA2010 -155) — AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF MINOR USE PERMIT NO. UP2010- 036 ALLOWING AN EATING AND DRINKING ESTABLISHMENT WITH A COVERED OUTDOOR DINING PATIO WITH A TYPE 41 (ON SALE BEER AND WINE, EATING PLACE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE. a) Conduct public hearing; b) determine the appropriate time limit on the service of alcoholic beverages on the outdoor patio ranging from 8:00 p.m. to 11:00 p.m.; and c) adopt Resolution No. 2011 -27 approving Minor Use Permit No. UP2010 -036 subject to findings and conditions included in the resolution. XVII. CURRENT BUSINESS 11. SPECIAL EVENTS ADMINISTRATIVE POLICY. a) Discuss and provide additional direction on the revised administrative process for handling requests for special event support; and b) direct staff to implement modified hourly rates for staff support to community events. 12. MEMORANDUM OF AGREEMENT WITH THE PORT OF LONG BEACH FOR THE RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP PROJECT. a) Approve and execute the Memorandum of Agreement with the Port of Long Beach (POLB) to dispose of the sediments from the Rhine Channel Dredging Project; and b) authorize the City Manager or his designee to execute any future agreements related to the Rhine Channel Dredging Project to ensure the City meets the strict project schedule imposed by the POLB. 13. ORDINANCE NO. 2011 -12: AMENDMENT OF THE NEWPORT BEACH MUNICIPAL CODE, TITLE 6 — GAS - POWERED LEAF BLOWERS. 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 April 12, 2011. The Council may consider an outright ban on gas and electric leaf blowers if it chooses. 14. CONTRACTING OUT OF PARKING METERS AND METER ENFORCEMENT; APPROVAL OF CENTRAL PARKING SYSTEM, INC. AGREEMENT. A) Authorize the Mayor and City Clerk to execute a 7 -year contract with Central Parking System, Inc. to replace old meter infrastructure and manage and maintain all parking meter operations and enforcement; b) direct the City Manager to amend position control by 6.72 FTEs. 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