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Home My WebLink About04/24/2012 - Regular Meetingal City Council Minutes City Council Regular Meeting April 24, 2012 — 7:00 p.m. I. STUDY SESSION - Cancelled II. ROLL CALL Present: Council Member Hill, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle Excused: Council Member Rosansky III. PUBLIC COMMENTS REGARDING CLOSED SESSION Regarding Closed Session Item IV.B, Jim Mosher believed that this item is premature since Council has not held any meetings, created a policy, or created parameters regarding tidelands; and questioned why negotiations are only taking place with these two properties. He noted that the Ad Hoc Committee on Updating Harbor Charges held a workshop on April 5 but noted that the committee was sunsetted in 2011. City Attorney Harp indicated that the extension of the committee will be brought back to Council. IV. CLOSED SESSION - 4:00 p.m. Council Member Rosansky arrived at 4:15 p.m. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): 1 matter Arnie Pike, et al u City of Newport Beach United States District Court, Case No. CV -08 -8580 DSF (RNBx) B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1. Property: 710 Lido Park Dr., Newport Beach, CA 92663 - Tidelands Agency Negotiator: Dave Kiff, City Manager Negotiating Parties: Stanley A. Solomon, as Trustee for the Curci 1999 Dynasty Trust, First American Trust Company, Trustee of the Turner Revocable Trust Number 1, and John Curci Under Negotiation: Price and terms of payment for lease of real tidelands property 2. Property: 2101 West Coast Hwy, Newport Beach, CA 92663 - Tidelands Agency Negotiator: Dave Kiff, City Manager Volume 60 - Page 432 City of Newport Beach City Council Minutes April 24, 2012 Negotiating Parties: Ardell Investment Company Under Negotiation: Price and terms of payment for lease of real tidelands property C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Agency Designated Representatives: Dave Kiff, City Manager; and Richard Kreisler, Special Counsel Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (I\BFA); Police Management Association (PMA); Police Employees' Association (PEA); City Employees Association (NBCEA); Newport Beach Professional & Technical Employees Association (NBPTEA); Newport Beach Employees League (LABEL); and Newport Beach Part -Time Unit (UPEC, Local 777) D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: City Manager V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Rush Hill, Council Member Steve Rosansky, Mayor Pro Tem Keith Curry, Mayor Gardner, Council Member Selich, Council . Member Henn, Council Member Daigle VIII. CLOSED SESSION REPORT - City Attorney Harp reported that no reportable actions were taken DC PLEDGE OF ALLEGIANCE - Council Member Hill X. INVOCATION - Mayor Pro Tern Curry M. PRESENTATIONS Bike Month Proclamation - Mayor Gardner read the proclamation and presented it to Bicycle Safety Committee Members Michael Alti and Tony Petros. DMV/Donate Life California Month Proclamation - Mayor Gardner read the proclamation and presented it to Donate Life Ambassador Lisa Pedral. Dr. Rosemary O'Meeghan from Hoag Hospital and donor transplant recipient, Eric Piper, reported on the importance of participating in the donor program. Volume 60 - Page 433 City of Newport Beach City Council Minutes April 24, 2012 XII. NOTICE TO THE PUBLIC XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM) Council Member Daigle announced that she attended the annual recognition for the OASIS Senior Center volunteers and discussed the programs and services provided by OASIS. She also requested more information regarding the reservoir cover. Council Member Henn reported that he attended the Newport to Ensenada kick -off party last Sunday; and announced that the Balboa Village Citizens Advisory Panel will meet on May 2 at 4:00 p.m. at the ExplorOcean Nautical Museum. He congratulated the Police Department team for winning the Baker to Vegas relay race for its class /division for the eighth year. Council Member Hill announced that he graduated from the Citizens Police Academy and recommend that every citizen consider taking the 12 week class. Mayor Pro Tem Curry announced that he was elected as the First Vice President to the Association of California Cities - Orange County (ACC -OC); provided the welcoming comments at the National Association of Intercollegiate Athletics Annual Conference; attended the annual art show at the OASIS Senior Center on April 14; and represented the City at the Orange County Marathon Reception. He announced that Panama City Beach, Florida, held its election last week and elected Council Member Keith Curry to Ward 4. Mayor Gardner displayed the Southern California Coastal Wetlands brochure that was co- written by Marine Protection and Education Supervisor Michelle Clemente. She announced that the Newport Beach Film Festival begins Thursday, April 26, and the Newport to Ensenada race begins on Friday, April 27. City Manager Kiff announced that there will be a meeting hosted by the City and the U.S. Army Corps of Engineers on April 30 at 6:00 p.m. in the Council Chambers to discuss the Semeniuk Slough Dredging Project. XIV. CONSENT CALENDAR A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE APRIL 10, 2012 STUDY SESSION AND REGULAR MEETING. [100 -20121 Waive reading of subject minutes, approve as amended and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct the City Clerk to read by title only. B. RESOLUTION FOR ADOPTION RESOLUTION SUPPORTING SUBMISSION OF A GRANT APPLICATION UNDER THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) Volume 60 - Page 434 City of Newport Beach City Council Minutes April 24, 2012 MEASURE M2 ENVIRONMENTAL CLEANUP GRANT PROGRAM. [100- 2012] Adopt Resolution No. 2012 -27 authorizing and supporting submission of grant applications for OCTA Measure M2 Environmental Cleanup Tier 1 and Tier 2 Grant Programs. C. CONTRACTS AND AGREEMENTS 4. NEWPORT BEACH CIVIC CENTER & PARK PROJECT - APPROVAL OF AMENDMENT NO. 4 TO THE CONSTRUCTION MANAGER AT RISK CONTRACT C.W. DRIVER FOR THE FABRICATION AND INSTALLATION OF PROJECT SIGNAGE AND THE INSTALLATION OF DRY UTILITIES MODIFICATIONS (C- 4527). [381100 -2012] a) Authorize the Mayor and City Clerk to execute Amendment No. 4 to the Construction Manager At Risk Contract with C.W. Driver of Irvine, California, amending the Guaranteed Maximum Price (GMP) to add the fabrication and installation of signage components for the new Civic Center facilities, including the park and the dry utilities modifications made at the existing Central Library deliver dock area to the Civic Center and Park Project scope of work at a not -to- exceed price of $476,281.00; and b) approve Budget Amendment No. 12BA -034 appropriating $476,281.00 from the Major Facilities Master Plan Fund to the Newport Beach Civic Center Project Account No. 7410 - C1002009. 5. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH KOURY ENGINEERING & TESTING, INC., FOR MATERIAL TESTING AND INSPECTION SERVICES (C- 4527). [381100 -20121 Approve Professional Services Agreement Amendment No. 1 with Koury Engineering & Testing, Inc., of Chino, California, for Civic Center and Park Project Material and Inspection Services at a not -to- exceed price of $170,842.00, and authorize the Mayor and the City Clerk to execute the Amendment. 8. EXTENSION OF THE JOINT POWERS AGREEMENT (JPA) FOR USE OF MARIAN BERGESON AQUATICS CENTER (MBAC) (C-2761).138/100-20121 Approve the execution of the Newport -Mesa Unified School District (N`MUSD) Board approved agreement to extend the JPA for use of the MBAC for a twenty -five (25) year period from July 1, 2014 to June 30, 2039. D. MISCELLANEOUS 9. PLANNING COMMISSION AGENDA FOR APRIL 19, 2012. 1100 -20121 Receive and file. 10. BUDGET AMENDMENT TO APPROPRIATE EXPENDITURES AND REVENUES FOR CONTRACT CLASSES, AFTER SCHOOL ENRICHMENT, AND OASIS FITNESS CENTER PERSONAL TRAINERS. [100 -2012] Approve Budget Amendment No. 12BA -033 to increase Revenue Accounts 4330 -5150 by $200,000 and 4415 -5167 by $72,000; and Expenditure Accounts 4330.8080 by $130,000 and 4415 -8080 by $56,000 (Additionally, these increases will be reflected in the FY2012 /13 budget that City Council will consider in June 2012). Volume 60 - Page 435 City of Newport Beach City Council Minutes April 24, 2012 11. 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, 2012. [100 -20121 a) Confirm Mayor Nancy Gardner's appointment of Mayor Nancy Gardner, Council Member Mike Henn, and Council Member Steven Rosansky 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, 2012; and b) direct the City Clerk to post and publish a Vacancy Notice requesting that applications be submitted by 2:00 p.m. on Wednesday, May 16, 2012; schedule confirmation of nominees to be made on June 12, 2012; and make appointments on June 26, 2012. 12. BUDGET AMENDMENT ALLOCATING DONATED FUNDS FOR THE PURCHASE OF A LIBRARY RADIO FREQUENCY IDENTIFICATION SYSTEM. [100 -20121 Approve Budget Amendment No. 12BA -035 to increase expenditures by $120,000 - $95,000 in Division 4093 -9000, Library Donations - Office Equipment and $25,000 in Division 8500 -8512, Ackerman Fund -High Tech Library Trust (Funding of this expenditure will be achieved in part by appropriating $95,000 from the 030 -2248 special purpose deposit account and increasing revenue in 4093- 5901; and the balance of $25,000 will be appropriated from the Ackerman Trust Fund unappropriated fund balance, account 850 - 3605). Motion by Mayor Pro Tem Curry, seconded by Council Member Rosansky to approve the Consent Calendar, except for the items removed (6 and 7). The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle XV. ITEMS REMOVED FROM THE CONSENT CALENDAR 6. PROFESSIONAL SERVICE AGREEMENT WITH THE PCR SERVICES CORPORATION FOR ENVIRONMENTAL SERVICES (PA2011 -216) (C- 5110). [381100 -20121 Dan Purcell discussed the Back Bay Landing area and proposed project, and suggested that the City encourage the use of electric boats and non - motorized boats. Motion by Council Member Selich, seconded by Mayor Pro Tem Curry to approve the Professional Services Agreement, and authorize the Mayor and City Clerk to execute the Agreement. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle CITY HALL LAND USE AMENDMENTS (PA2012 -031) - 3300 NEWPORT BOULEVARD. [100 -20121 Volume 60 - Page 436 City of Newport Beach City Council Minutes April 24, 2012 Council Member Henn reported that he will be recusing himself since he previously recused himself relative to actions related to the subject matter due to the potential for a conflict of interest due to his business relationship with the owners of one of the businesses in Via Lido Plaza; and left the dais. In response to Mayor Gardner's questions, Community Development Director Brandt confirmed that the recommendation would authorize staff to proceed with initiating the General Plan Amendment, a Zoning Code change, and a Land Use amendment; and would begin discussions about standards and the appropriateness of the land use designation. Motion by Council Member Hill, seconded by Mayor Pro Tem Curry to initiate amendments of the General Plan, Coastal Land Use Plan, and Zoning Code necessary to facilitate a change of use of the City Hall site. Robert Hawkins stated that he looks forward to the environmental review for this project, even though it is not required according to the Zoning Code; and believed that the Citizens Advisory Panel should be involved in the process. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich,. Council Member Daigle XVI. PUBLIC COMMENTS Robert Hawkins, representing Friends of Dolores and Friends of the Bridge, stated that they appealed the Orange County Transportation Authority (OCTA) decision to eliminate the 19th Street Bridge from he County Master Plan; however, after a lengthy discussion, the OCTA Board continued the issue to May 14. Jim Mosher stated that City staff hired a consultant to create a Boards, Commissions, and Committees Handbook and train certain Boards and Commissions without Council input. He also took issue that the Board and Commission members are asked to sign a handbook confirmation sheet. Council Member Daigle also expressed concern about the training and handbook, and stated that City Attorney Harp indicated that the item will be brought before Council at a Study Session. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle discussed the Orange County Vector Control and indicated that they have asked all the member cities to consider adopting an ordinance that would help them identify repossessed properties in order to conduct abatement. Council Member Henn reported that at the April 18 Tidelands Management Committee, the Citizens Advisory Panel presented a draft Tidelands Infrastructure Management Plan, they continued the item relative to the dredging of the lagoon on Linda Isle, received an update on the Lower Bay Dredging Project, and considered expanding the committee membership to include a member of the Harbor Commission. Regarding the Lower Bay Dredging Project, he reported that the contractor has been selected, and the project will begin May 1 and conclude the end of September; discussed what the project will entail; and emphasized that the deadline to transport the material to the Port of Long.Beach cannot be changed. He further reported that the July 4th West Newport Safety Planning Committee met on April 16 and stated that this will be the first Volume 60 - Page 437 City of Newport Beach City Council Minutes April 24, 2012 time in years that the roads will not be barricaded and closed to vehicular traffic. He noted that there will still be police presence, the Loud and Unruly Gathering Ordinance (LUGO) will be in effect, and the City will once again hold a July 4th parade in West Newport. XVIII. PUBLIC HEARINGS 13. DEVELOPMENT AGREEMENT ANNUAL COMPLIANCE REVIEW - 2012 HOAG MEMORIAL HOSPITAL PRESBYTERIAN (DA5, PA2009 -064) - 1 HOAG DRIVE (C- 2912). [381100 -20121 Senior Planner Campbell provided the staff report and indicated that he distributed an email he received today. Mayor Gardner opened the public hearing. Jim Mosher believed that the City should ask for the money that Hoag Hospital promised for Sunset View Park before the agreement expires. Eric Thurnher, Villa Balboa resident, reported positively on a meeting he and his neighbor, Dick Runyon, had with Hoag Hospital on March 22, and noted that some of the issues discussed with the hospital were not covered in the Development Agreement. Dick Runyon agreed that the meeting with the hospital was positive and provided suggestions rolative to the sound/noise test. Kelly Hagger, Villa Balboa resident, stated that she lives in the 260 building and discussed issues with the HVAC system over the loading dock, the height variance proposal, the transfer of square footage from the upper to the lower campus, and views. Senior Planner Campbell indicated that he will contact Ms. Hagger to discuss her issues, but clarified for the record that the height variance was reviewed by the Planning Commission and Hoag Hospital is not implementing the entire project, just the cover over one of the stairwells. Further, the issues mentioned by Ms. Hagger deal with an upper campus project and were found to be consistent with the Development Agreement and Planned Community Text. Carey Brooks, project manager for Hoag Hospital, expressed support for the recommendations and indicated that they will continue to work closely with the Villa Balboa residents. Hearing no further testimony, Mayor Gardner closed the public hearing. Motion by Council Member Rosansky, seconded by Council Member Hill to a) find that Hoag Memorial Hospital Presbyterian has demonstrated good faith compliance with the Development Agreement; and b) receive and file the Annual Status Report of Development Agreement for Hoag Memorial Hospital Presbyterian. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle Volume 60 - Page 438 City of Newport Beach City Council Minutes April 24, 2012 14. APPEAL OF DENIAL OF LOT MERGER NO. LM2011 -002 TO MERGE 2808 AND 2812 OCEAN BOULEVARD (PA2011 -141). [100 -20121 Community Development Director Brandt reported that staff is recommending the continuance of the item to the May 8 City Council meeting in order to provide the applicant sufficient time to prepare a Restrictive Covenant against the property. In response to Mayor Gardner's question, Community Development Director Brandt confirmed that the document the applicant will be preparing will go before the City Council for review before being executed and recorded. She added that the document is being voluntarily prepared by the applicant. Motion by Mayor Pro Tern Curry. seconded by Council Member Rosanskv to continue the item to the May 8, 2012 City Council meeting. Mayor Gardner opened the public hearing. Cora Lee Newman, Government Solutions, stated that they concur with staffs recommendation. Clifford Jones, representing the surrounding neighbors, requested that the item be continued to the June 26 City Council meeting since they were told that the item would be discussed and concluded tonight, and the residents scheduled other commitments. He noted that they have agreed to many of the applicant's extensions and that this is the first time they have requested a continuance. Cora Lee Newman indicated that they are not in favor of continuing the item to June 26. Mayor Gardner reported that she was approached by some of the surrounding neighbors who requested a continuance to May 8. Hearing no further testimony, Mayor Gardner closed the public hearing. Motion by Council Member Hill to continue the item to the June 12, 2012 City Council meeting. The motion died for lack of a second. City Attorney Harp stated that the City Council has the discretion to continue an item to a date of their choosing and added that there are no time issues related to Zoning Code items. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tom Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle 15. RESOLUTION NO. 2012 -28: AMENDING THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT (NBTBID) MANAGEMENT DISTRICT PLAN. [100 -20121 Public Information Manager Finnigan provided the staff report and indicated that no protests have been received. Volume 60 - Page 439 City of Newport Beach City Council Minutes April 24, 2012 Mayor Gardner opened the public hearing. Jim Mosher expressed his reasons for opposing the expansion of the NBTBID, discussed why he believes that the City is misinterpreting the State's Business Improvement District (BID) law, and took issue that NBTBID meetings are not open to the public. Hearing no further testimony, Mayor Gardner closed the public hearing. Motion by Council Member Hill, seconded by Mayor Pro Tem Curry to adopt Resolution No. 2012 -28, amending the NBTBID Management District Plan. Council Member Hill congratulated the success of Visit Newport Beach and the NBTBID, emphasized that the City supports all the BID organizations through the collection and administering of funds, and indicated that BIDS are important factors to the City's economic development. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle XDL MOTION FOR RECONSIDERATION -None XX. ADJOURNMENT - 8:10 p.m. The agenda for the Regular Meeting was posted on April 19, 2012, at 3:30 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The amended agenda for the Regular Meeting was posted on April 20, 2012, at 2:46 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk L61416W _- Recording Secretary - ZL41 Mayor Volume 60 - Page 440