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Home My WebLink About03/27/2012 - Regular Meetingc 1 cry ti'° ��" [', ti City Council Minutes Regular Meeting March 27, 2012 — 7:00 p.m. I. STUDY SESSION - 3:00 p.m. II. CLOSED SESSION - 5:00 p.m A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): Two matters: 1. Arnie Pike, et al v City of Newport Beach United States District Court- Central Division Case No. CV -08 -8580 DSF (RNBx) 2. Kenneth Kaplan v City of Newport Beach Orange County Superior Court Case No. 30- 2011 - 00531667 B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION Government Code § 54956.9(b)): 1 potential case C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(c)): 1 potential case D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): Property: 1700 West Balboa Boulevard Agency negotiator: Dave Kif£ Negotiating parties: Girl Scouts of America Under negotiation: Instruction to negotiator will concern price and terms of payment E. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Agency Designated Representatives: Dave Kiff, City Manager; and Richard Kreisler, Special Counsel and Negotiator 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 (NBFA); Police Management Association (PMA); Police Employees' Association (PEA); City Employees Association (NBCEA); Newport Beach Volume 60 - Page 414 City of Newport Beach City Council Minutes March 27, 2012 Professional & Technical Employees Association (NBPTEA); Newport Beach Employees League (LABEL); and Newport Beach Part -Time Unit (UPEC, Local 777) F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: City Manager III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle VI. CLOSED SESSION REPORT City Attorney Harp announced that the City Council authorized the City Attorney's Office to file litigation on behalf of the City against the Orange County Transportation Authority (OCTA) relating to the deletion of the 19th Street Bridge from the Master Plan of Arterial Highways; and order the OCTA to conduct appropriate environmental analysis in order to consider appropriate mitigation measures related to the deletion of the bridge. VII. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Curry VIII. INVOCATION - Pastor Bradley Stienstra, Newport Harbor Lutheran Church D:- PRESENTATIONS - None X. NOTICE TO THE PUBLIC XI. Mayor Pro Tom Curry congratulated the Concordia University Eagles for winning the 2012 NAIA Basketball National Championship. Council Member Daigle reported that Corona del Mar High School is celebrating its 50th Anniversary and discussed their upcoming improvements to the middle school, theater, and school site. Mayor Gardner announced that she received a gavel from the Junior Statesmen of America, Corona del Mar High School Branch, after speaking at one of their events. She reported that the updated fire hazard map will be reviewed at 6:30 p.m. on March 28 at the OASIS Senior Center, the most recent class of the Community Emergency Response Team (CERT) received their certification last Saturday, but noted that members are needed from the Newport Coast Volume 60 - Page 415 City of Newport Beach City Council Minutes March 27, 2012 area; and the Wyland Foundation Water Conservation Challenge Kick -Off will occur on March 30 at 3:00 p.m. at the Back Bay Science Center. She also discussed the situation at the San Onofie Nuclear Generating Station. Regarding the fly -by over the weekend, she reported that the City has requested to be informed of any future events of that nature. XII. CONSENT CALENDAR A READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF MARCH 13, 2012. [100 -2012] 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. ORDINANCES FOR ADOPTION 3. NEWPORT BEACH COUNTRY CLUB (PA2005 -140) - GOLF REALTY FUND - 1600 AND 1602 EAST COAST HIGHWAY (C- 5068). [381100 -20121 a) Conduct second reading and adopt Ordinance No. 2012 -2 approving Planned Community Development Plan Amendment No. PC2005 -002 to adopt the development standards for the development on the Tennis Club site; and b) conduct second reading and adopt Ordinance No. 2012 -3 approving Development Agreement No. DA2008 -001. Mayor Gardner voted "no" on this item. C. CONTRACTS AND AGREEMENTS 4. BIG CANYON RESERVOIR FLOATING COVER REPLACEMENT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH MWH GLOBAL FOR ENGINEERING DESIGN SERVICES (C -5027) AND BUDGET AMENDMENT. [381100 -20121 a) Approve a Professional Services Agreement with MWH Global of Irvine for the design and construction support services for the replacement of the Big Canyon Reservoir Floating Cover at a not to exceed fee of $294,706, and authorize the Mayor and City Clerk to execute the Agreement; and b) approve Budget Amendment No. 12BA -029 appropriating $130,000 from the unappropriated Water Enterprise Fund to Outside Counsel Account No. 5500 -8657 and $294,706 from the unappropriated Water Enterprise CIP Master Plan Fund to Big Canyon Reservoir Floating Cover Replacement CIP Account No. 7511- C6002011. D. MISCELLANEOUS 5. PLANNING COMMISSION AGENDA FOR MARCH 22, 2012. [100 -20121 Receive and file. 6. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) ADVISORY BOARD CONFIRMATION. [100 -20121 Confirm the appointment of Volume 60 - Page 416 City of Newport Beach City Council Minutes March 27, 2012 Rita Stenlund to the Balboa Village BID Advisory Board. Motion by Council Member Hill, seconded by Council Member Rosanskv to approve the Consent Calendar; and noting the "no" vote by Mayor Gardner on Item 3. 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 Henn, Council Member Daigle XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XIV. PUBLIC COMMENTS Lauren James commended Council for taking the public's health into consideration when making a tough decision at the last meeting. Christine Lampe requested that Council help save the historic Shawnee ship which is being restored by Dennis Holland. She highlighted the Shawnee's history and indicated that they want to work with the City and will be trying to get more people involved to raise money toward its restoration. Captain George Cayenne Pepper stated that he spoke to people around the world who are in support of saving the Shawnee which he feels is a nautical treasure. Michael Lampe indicated that Dennis Holland is willing to move the Shawnee; however, does not have the funds to move it. He stated that they are starting a Save the Shawnee Foundation to raise funds, but requested time in order to raise money. Jessica Davis stated that the pirate community raises funds all the time, but suggested receiving money from the neighbors and the City. She also discussed the importance of knowing the history of tall wooden ships. She requested that the City give Dennis Holland more time. Ron Stackowitz discussed the importance of tall ships and indicated that the Shawnee is not in moveable condition. Candace Proetz stated that saving the Shawnee is an opportunity to save the past. Jim Mosher requested that Council assist in changing the school district for the area that is north of Bristol Street and south of Campus from the Santa Ana School District to the Newport -Mesa Unified School District prior to the area being developed. XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported that the Aviation Committee met on March 26 and received a report about the progress with the County relative to the extension of the John Wayne Airport (JWA) Settlement Agreement. She also discussed the efforts by the City of Ontario to gain local control over the Ontario International Airport. She noted that Aviation Committee information is available on the City's website or through the City Manager's Office. Council Member Henn reported that the Balboa Village Citizens Advisory Panel (CAP) met on March 20 to discuss the brand - promise for Balboa Village, noted that there is an online survey to Volume 60 - Page 417 City of Newport Beach City Council Minutes March 27, 2012 receive public input about the brand- promise, and stated that the CAP completed their recommendations regarding the parking management plan. He also reported that the Tidelands Management Committee met on March 21 to discuss Buck Gully runoff, the Semeniuk and Newport Slough, the Linda Isle inner lagoon, and the Tidelands Master Plan recommendations from the citizens advisory panel. Mayor Pro Tem Curry welcomed students in attendance from Whittier Law School. XVI. PUBLIC HEARINGS 7. BEACH COIN LAUNDROMAT AMENDMENTS (PA2011 -209) - AMENDMENTS TO CHANGE THE DESIGNATIONS OF THE SUBJECT PROPERTY FROM TWO - UNIT RESIDENTIAL (RT, RT -E, AND R -2) TO VISITOR SERVING COMMERCIAL (CV) LAND USE DESIGNATIONS. [100 -2012] Assistant Planner Nueno utilized a PowerPoint presentation to highlight the subject location, the current and proposed land uses, and development standards. Mayor Gardner opened the public hearing. Denise Fenton, wife of owner /applicant, discussed how her husband takes care of the laundromat and requested that Council support the recommendation. Hearing no further testimony, Mayor Gardner closed the public hearing. Motion by Council Member Rosanskv. seconded by Council Member Henn to a) adopt Resolution No. 2012 -25 approving General Plan Amendment No. GP2011 -010 Local Coastal Plan Amendment No. LC2011 -006; and b) introduce Ordinance No. 2012 -10 approving Code Amendment No. CA2011 -013, and pass to second reading for adoption on April 10, 2012. 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 8. HEIGHT OF FENCES, HEDGES, WALLS AND RETAINING WALLS - CODE AMENDMENT NO. CA2012 -001 (PA2012 -018). [100 -20121 Principal Planner Campbell reported that previous Zoning Code updates have created a situation in which very tall fences, hedges, and walls have been erected, especially in low - lying areas. He utilized a PowerPoint presentation to explain the proposed amendments, review the recommendation, and discuss alternatives. He emphasized that the provisions only affect areas with grades lower than 9 -feet and highlighted the height illustration that is in the Zoning Code. In response to Council questions, Principal Planner Campbell stated that new fences, hedges, and walls would be required to meet all the standards listed in the proposal; and the new provision would not affect the height of side yard fences, hedges, and walls that abut a commercial property or commercial alley. He referenced the current pool protection fence requirement in the Building Code and indicated that a higher fence may occur if the adjacent property is at a much lower grade. Volume 60 - Page 418 City of Newport Beach City Council Minutes March 27, 2012 Council Member Selich discussed the reasons he requested that the proposed ordinance be initiated, noting that the fence issue is occurring on Balboa Island. Motion by Council Member Selich, seconded by Mayor Pro Tem Curry to introduce Ordinance No. 2012 -11 adopting Code Amendment No. CA2012 -001, and pass to second reading for adoption on April 10, 2012. Mayor Gardner opened the public hearing. Hearing no testimony, she closed the public hearing. 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. CURRENT BUSINESS 9. APPOINTMENT TO FILL THE VACANCY ON THE COASTAL/BAY WATER QUALITY COMMITTEE. [100 -20121 Council Member Hill reported that he would like to appoint George Robertson to the Coastal/Bay Water Quality Committee and highlighted his qualifications. Motion by Council Member Selich, seconded by Council Member Hill to confirm Council Member Hill's appointment of George Robertson as the District 3 representative on the Coastal /Bay Water Quality Citizens Advisory Committee. 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 10. APPOINTMENTS TO THE AVIATION COMMITTEE. [100 -20121 Mayor Gardner reviewed the requested appointments, as outlined in the staff report. Council Member Daigle requested that the City Clerk renotice the District 4 vacancy for the alternate representative seat. Motion by Council Member Hill, seconded by Council Member Henn to a) confirm Council Member Mike Henn's appointment of Kay Mortenson as the District 1 representative and bring back the District 1 alternate representative at a future meeting; b) confirm Council Member Rush Hill's appointment of Bonnie O'Neil as the District 3 alternate representative to the Aviation Committee; and c) renotice the District 4 alternate representative vacancy. 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 XVIII. MOTION FOR RECONSIDERATION - None Volume 60 - Page 419 City of Newport Beach City Council Minutes March 27, 2012 XDL ADJOURNMENT - 8:00 p.m The agenda for the Regular Meeting was posted on March 22, 2012, at 4:45 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 March 22, 2012, at 2:10 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. DimYulry ` Recording Secretary -. _ Mayor 1 pity Clerk u i a r GIiOPN� Volume 60 - Page 420