HomeMy WebLinkAbout08/14/2012 - Regular MeetingCity Council Minutes
Regular Meeting
August 14, 2012 — 7:00 p.m.
I. STUDY SESSION - Cancelled
II. CLOSED SESSION - 5:00 mm.
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code
§ 54956.9(a)): Four matters
1. Christian Benard u City of Newport Beach, et al. .
Orange County Superior Court Case No. 30- 2011- 00456286
2. Hyun Myung Suh u City of Newport Beach, et al.
Orange County Superior Court Case No. 30 -2012 - 00577284
3. Sunyl Chung, individually and as Successor in Interest, etc. u City of Newport
Beach, et al.
Orange County Superior Court Case No. 30 -2012- 00576929
4. Michael San Kwon, a minor, et al. v City of Newport Beach, et al.
Orange County Superior Court Case No. 30- 2011 - 00500773
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION (Government Code § 54956.9(b)): One
matter
1. There is a significant exposure to litigation with Kenneth Kaplan based on his
allegations of inverse condemnation related to the real property located at 1499 Monrovia
Ave., Newport Beach, California (Section 54956.9(b)(3)(B)).
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code §
54956.8): Two matters
1. Property: 1700 W. Balboa Blvd., Newport Beach, CA
Agency negotiator: Dave Kiff
Negotiating party: Girl Scouts of America
Under negotiation: Instruction to negotiator will concern price and terms of payment.
2. Property: 1499 Monrovia Ave., Newport Beach, CA
Agency negotiator: Dave Kiff
Negotiating party: Kenneth Kaplan
Under negotiation: Instruction to negotiator will concern price and terms of payment.
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D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6)
Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy,
Human Resources Director; Negotiators
Employee Organizations: All Labor Associations: Association of Newport Beach
Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA);
Newport Beach Employees League (NBEL); Newport Beach Firefighters Association
(ATBFA); Newport Beach Fire Management Association (NBFMA); Lifeguard
Management Association (NBLNIA); Newport Beach Part Time Unit (UPEC, Local 777);
Newport Beach Police Association (NBPA); Newport Beach Police Management
Association (NBPMA); Newport Beach Professional and Technical Association (NBPTEA)
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
VI. CLOSED SESSION REPORT - City Attorney Harp announced that there are no reportable
actions.
VII. PLEDGE OF ALLEGIANCE - Council Member Selich .
VIII. INVOCATION - Kerry Beaulieu, Our Lady Queen of Angels Church
IX. PRESENTATIONS - None
X. NOTICE TO THE PUBLIC
XI. 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 congratulated Father Beaulieu of Our Lady Queen of Angels Church for the
progress made on construction of the church. She provided statistical information about the visitor
industry and discussed revenue earned from summer beach activities.
Council Member Henn reported that there is a Tidelands Management Committee meeting scheduled
for August 15, 2012, at 4:00 p.m at the OASIS Senior Center to discuss the Tidelands Infrastructure
Capital Plan and to finalize a view for recommendations that will be presented to Council. He also
reported that the Coastal Commission approved the Sunset Ridge and Marina Park projects,
announced that the December City Council meeting will be at the new Civic Center, noted
that Council will continue to discuss other City facilities including the West Side Facilities Plan,
and directed staff to bring back a review of the Critical Facilities Plan suggesting that it be presented
to the Finance Committee prior to Council's review.
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Council Member Rosansky expressed satisfaction with the Coastal Commission's approval of Sunset
Ridge Park, stated that Jan Debay started the protect in the early 1990's, and expressed appreciation
to staff, Council, and the consultant for all of their hard work.
Mayor Pro Tem Curry congratulated the Arts Commission for another great summer of concerts in the
park and congratulated all of the Newport Beach Olympians.
Mayor Gardner announced that the Fall Newport Navigator is available, noted that there are unfilled
vacancies for summer classes, and reported that Item 19 (Balboa Village Implementation Plan) will be
continued to the September 25, 2012 meeting.
XII. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE JULY 23, 2012 SPECIAL MEETING AND JULY 24, 2012
STUDY SESSION AND REGULAR MEETINGS. [100 -2012] Waive reading of subject
minutes, approve as amended and order filed.
Council Member Hill abstained from the July 23, 2012 Special Meeting
minutes since he did not attend the meeting.
2. READING OF ORDINANCES AND RESOLUTIONS. [100 -2012] Waive reading in
full of all ordinances and resolutions under consideration, and direct the City Clerk to
read by title only.
B. ORDINANCES FOR ADOPTION
4. SECOND READING - ORDINANCE NO. 2012 -18 EXEMPTING
COMPLIMENTARY HOTEL ROOMS FROM TRANSIENT OCCUPANCY TAX
AND VISITOR'S SERVICE FEE AND GENERAL TERMINOLOGY CLEAN UP.
[100 -2012] Conduct second reading and adopt Ordinance No. 2012 -18, amending
Newport Beach Municipal Code Sections 3.16.040 and 3.28.035 to exempt complimentary
hotel rooms from TOT and VSF, and amending Sections 3.16.020, 3.16.030, 3.16.040,
3.16.050, 3.16.060, 3.16.070, 3.16.075, 3.16.085, 3.16.090, 3.16.110, 3.16.120, 3.16.140,
3.28.010, 3.28.035, 3.28.050, 3.28.055, 3.28.060, 3.28.070 and 3.28.085 to reflect the
terminology change from "Administrative Services Director" to "Finance Director."
5. SECOND READING OF ORDINANCES TO THE NORTH NEWPORT CENTER
PLANNED COMMUNITY AMENDMENT PROJECT WHICH INCLUDES
FASHION ISLAND, BLOCK 600, BLOCK 800 AND PORTIONS OF BLOCKS 100,
400, 500 AND SAN JOAQUIN PLAZA (PA2012 -020). [100 -2012] a) Conduct second
reading and adopt Ordinance No. 2012 -19 approving Planned Community Development
Plan Amendment No. PD2012 -001 and finding that the California Environmental
,Quality Act (CEQA) has been satisfied by the July 24, 2012, City Council adoption of
Addendum No. 2 to the Program Environmental Impact Report (SCH No. 200601119) for
the City of Newport Beach General Plan 2006 Update; and b) conduct second reading and
adopt Ordinance No. 2012 -20 approving Amendment to the Development Agreement No.
DA2007 -002 and finding that the California Environmental Quality Act (CEQA) has been
satisfied by the July 24, 2012, City Council adoption of Addendum No. 2 to the Program
Environmental Impact Report (SCH No. 200601119) for the City of Newport Beach
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General Plan 2006 Update.
C. RESOLUTIONS FOR ADOPTION
6. CONTINUATION OF ALL PROVISIONS OF THE RALPH M. BROWN ACT. [100-
2012] Adopt Resolution No. 2012 -74 continuing all provisions of the Brown Act.
7. DESIGNATION OF MANAGER PRO TEMPORE. [100 -20121 Adopt Resolution No.
2012 -75 relating to the designation of persons to serve as "managers pro tempore" in the
City Manager's temporary absence or disability.
8. LABOR AGREEMENT: NEWPORT BEACH FIRE MANAGEMENT
ASSOCIATION (C- 2946). [381100 -20121 a) Authorize Mayor Gardner to execute a
Memorandum of Understanding (MOU) with the Newport Beach Fire Management
Association (NBFMA); and b) adopt Resolution No. 2012 -76 to change the reporting of the
Employer Paid Member Contribution (EPMC) for the PERS retirement benefit (as
provided for in the proposed MOU).
D. CONTRACTS AND AGREEMENTS
9. 2011 -2012 SIDEWALK, CURB & GUTTER REPLACEMENT - NOTICE OF
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4850. [381100 -20121 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 65 days after the
Notice of Completion has been recorded in accordance with the applicable portions of the
Civil Code; and c) release the Faithful Performance Bond one year after Council
acceptance.
10. LOWER BUCK GULLY RESTORATION PROJECT - COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 3780. [381100 -2012] a) Accept the completed
work and authorize the City Cleric to file a Notice of Completion; b) authorize the City
Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion
has been recorded in accordance with the applicable portions of the Civil Code; c) release
the Faithful Performance Bond one year after Council acceptance; and d) approve Budget
Amendment No. 13BA -007 transferring $18,000 from 7014- C5002002 to Account No.
3170 -80883 for routine landscape maintenance services for FY 2012 -13 for the Lower
Buck Gully restoration area.
11. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DAVE VOLZ
DESIGN LANDSCAPE ARCHITECTS, INC., FOR BALBOA BOULEVARD
LANDSCAPE ENHANCEMENT PROJECT (C- 5207). [381100 -2012] a) Approve a
Professional Services Agreement with Dave Volz Design Landscape Architects, Inc. of
Costa Mesa, California, for West Newport Landscape Enhancement Project Landscape
Architect and Engineering Design Services at a not -to- exceed price of $243,530, and
authorize the Mayor and the City Clerk to execute the Agreement.
Council Member Hill abstained from this item.
12. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH URS
CORPORATION FOR THE SEAWALL DESIGN AND ENTITLEMENT FOR
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BALBOA ISLAND AND LITTLE BALBOA ISLAND (C- 5208). [381100 -20121 a)
Approve Budget Amendment No. 13BA -006 appropriating $377,417 from the
unappropriated Tidelands Fund balance to Project Account No. 7241- C4402007; and b)
approve a Professional Services Agreement with URS Corporation (URS) of Long Beach,
California, at a cost not to exceed $1,326,604, and authorize the Mayor and City Clerk to
execute the Agreement (During the first fiscal year of the contract, the consultant's tasks
will limited such that expenditures will not exceed $877,417. Next fiscal year, staff
expects to request additional funding approximately $449,187 to fund the remaining
contract tasks.)
Council Member Selich requested that this item be continued.
13. SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT (C-3309).[38/100-
20121 Approve the Agreement between the City of Newport Beach and the Newport -
Mesa Unified School District to participate in the School Resource Officer Program
( "Agreement "), and authorize the Mayor to execute the Agreement on behalf of the City.
E. MISCELLANEOUS
14. SUSAN G. KOMEN - "RACE FOR THE CURE" BANNERS - APPROVAL OF
ENCROACHMENT PERMIT N2012 -0227. [100 -2012] Conditionally approve the
request of "Susan G. Komen - Race for the Cure" for installation of 40 banners from
August 23, 2012, to September 24, 2012, for the annual Race for the Cure (Installation
will be along Westcliff Drive, Jamboree Road, and MacArthur Boulevard).
15. TASTE OF NEWPORT BANNERS - APPROVAL OF ENCROACHMENT PERMIT
N2012 -0203. [100 -20121 Conditionally approve the request of the Newport Beach
Chamber of Commerce for installation of 100 banners from August 15, 2012, to
September 17, 2012, for the "Taste of Newport" (Installation will be along Westcliff
Drive, Jamboree Road, MacArthur Boulevard, Newport Boulevard, and East Coast
Highway).
16. INITIATION OF AN AMENDMENT OF THE ZONING AND SUBDIVISION CODE
RELATED TO RESIDENTIAL LOT MERGERS (PA2012 -102). [100 -20121 Initiate
an amendment of the Zoning Code (Title 20) and Subdivision Code (Title 19) regulating
the merger of residential lots.
18. APPOINTMENT OF PRIMARY AND ALTERNATE BOARD MEMBERS TO THE
METRO CITIES FIRE AUTHORITY. [100 -20121 Appoint the Assistant City Manager
as the Board Member and the Assistant to the City Manager as the Alternate Board
Member to the Metro Cities Fire Authority.
Motion by Mayor Pro Tern Curry, seconded by Council Member Rosansky to approve the
Consent Calendar, except for items (3 and 17); noting the continuance of Item 12 and the recusal by
Council Member Hill on items (1 and 11).
The motion carried by the following roll call vote:
Ayres: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
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XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
3. SECOND READING OF ORDINANCES RELATED TO THE NEWPORT BANNING
RANCH PROJECT, A PROPOSED 401 -ACRE PLANNED COMMUNITY GENERALLY
LOCATED NORTH OF WEST COAST HIGHWAY, SOUTH OF 19TH STREET, AND
EAST OF THE SANTA ANA RIVER (PA2008 -114). [100 -20121
Council Member Hill recused himself and left the dais.
Planning Manager Alford requested that the second sentence of condition 58q be deleted
and reported that the EIR to Resolution No. 2012 -58 needs to be added.
Motion by Mayor Pro Tern Curry, seconded by Council Member Rosanskv to adopt
Ordinance No. 2012 -16 approving Code Amendment No. CA2008 -004 and Planned Community
Development Plan Amendment No. PC2008 -002, and finding that the California Environmental
Quality Act (CEQA) has been satisfied by the July 23, 2012, City Council certification of
Newport Banning Ranch Final Environmental Impact Report (SCH No. 2009031061); b) adopt
Ordinance No. 2012 -17 approving Development Agreement No. 2008 -003, and,finding that the
California Environmental Quality Act (CEQA) has been satisfied by the July 23, 2012, City
Council certification of Newport Banning Ranch Final Environmental Impact Report (SCH No.
2009031061); c) delete the second sentence of condition 58q; and d) add the EIR to Resolution
No. 2012 -58.
The motion carried by the following roll call vote:
Ayes: Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member
Selich, Council Member Henn, Council Member Daigle
17. BUSINESS IMPROVEMENT DISTRICT FISCAL YEAR 2012 -2013 BOARD
APPOINTMENTS. [100 -20121
Jim Mosher discussed the Restaurant Business Improvement District (BID) appointment
process, by -laws, and meeting processes. He encouraged Council to examine the roster of
nominees listed in the staff report stating that they do not include representatives from major
chain restaurants, fast food establishments, supermarkets, or gas stations that sell food.
Motion by Council Member Hill, seconded by Council Member Rosanskv to appoint the
following to the Newport Beach Restaurant Association Business Improvement District
Advisory Board of Directors for FY 2012 -2013: Jim Walker - The Bungalow Restaurant, Sheri
Drewry - Wilma's Patio, Nicole Hay - 21 Oceanfront, John Robinson - Amelia's Seafood &
Italian Restaurant, Ali Zadeh - Port Restaurant, Tony Motake£ - A Restaurant, Eldy Gahetta -
Barolo By the Sea, Thomas Giulioni - Back Bay Bistro, Jim Columbo - The Five Crowns
Restaurant & Side Door, David Salisbury - Harborside Restaurant & Grand Ballroom, Newport
Landing Restaurant, Miguel Rodriguez - Mastro's Ocean Club, Ronald Schwartz - Muldoon's
Irish Pub, and Sam Tila - Royal Thai Cuisine; b) appoint the following to the Marine Avenue
Association Business Improvement District Advisory Board of Directors for FY 2012 -2013:
Sheri Drewry - Wilma's Patio, John Robinson - Amelia's Seafood & Italian Restaurant, Alex
Robinson - Posh Events, and Daniel Miller - CLIP Island Properties; and c) appoint the
following, additional members to the previously approved Balboa Village Improvement District
Advisory Board of Directors for FY 2012 -2013: David Salisbury - Harborside Restaurant &
Grant Ballroom, Newport Landing Restaurant, and Henk Wiessner - Fun Zone Boats.
The motion carried by the following roll call vote:
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Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
XIV. PUBLIC COMMENTS
George Wesley announced that on October 7, 2012, the Newport Beach Chamber of Commerce will
hold its 51st Annual Newport Beach Sandcastle Contest at Big Corona State Beach and invited
residents to attend. To sign -up please visit the website www.newportbeach.com /events or call (949)
129 -4400.
Philip Bettencourt provided a postscript to the remarks he made at the Coastal Commission meeting
in Santa Cruz regarding Sunset Ridge Park. He commended Louise Greeley for all the work she's
done and Bob Fisher who was the first Executive Officer of the Friends of Harbors, Beaches, and
Parks. He noted that they are doing the right thing for the environment.
Jim Catrelli asked if there is going to be another Citizens Advisory Panel (CAP) meeting before the
next Council meeting. Council Member Henn stated that the Neighborhood Revitalization
Committee (NRC) will meet on September 13, 2012, to consider several issues associated with that
Balboa Village Implementation Plan and added that the entire plan will be considered by Council at
the September 25, 2012 meeting. City Manager Kiff stated that the Neighborhood Associations are
notified of meeting dates and times, they are posted on the City's website, and posted on the bulletin
board at City Hall. He suggested that concerned residents attend the NRC meeting on September 13,
2012, at 4:00 p.m. in Council Chambers.
Jim Mosher expressed disappointment with the work of the Charter Update Committee, indicated
that the red light traffic cameras wording is incorrect, expressed concern about the lack of time the
public had to review the red light traffic camera provision, and expressed dissatisfaction with Ballot
Measure EE.
City Attorney Hunt provided the differences between the City of Anaheim and City of Newport Beach
red light camera provisions.
Mayor Pro Tern Curry suggested that voters read Ballot Measure EE carefully and decide for
themselves.
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Gardner reported that the Coastal/Bay Water Quality Committee had a presentation on Smart
Irrigation Systems, noted that improvements have been made, and reported that there is grant funds
available for those that are interested.
XVI. PUBLIC HEARING
19. BALBOA VILLAGE IMPLEMENTATION PLAN (PA2011 -224) - BALBOA PENINSULA
BETWEEN 7TH STREET AND A STREET INCLUDING BALBOA VILLAGE. [100 -20121
Motion by Mayor Pro Tern Curry, seconded by Council Member Henn to continue the
public hearing to the September 25, 2012 City Council meeting to allow the Neighborhood
Revitalization Committee (NRC) to review the draft residential permit parking survey and the
structure of the proposed advisory committee (The NFRC is tentatively scheduled to review the
items on September 13, 2012).
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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
XVII. MOTION FOR RECONSIDERATION -None
XVIII. ADJOURNMENT - 7:40 p.m.
The agenda for the Regular Meeting was posted on August 9, 2012, at 3:00 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 August 10, 2012, at 10:40 a.m.
on the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
Recording/secretary
Mayor
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