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Home My WebLink About05/28/2013 - Regular MeetingCity Council Minutes Regular Meeting May 28, 2013 — 7:00 p.m. L STUDY SESSION - 8:00 p.m, II. CLOSED SESSION - 5:28 p.m. A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 1700 W. Balboa Blvd., Newport Beach, CA Agency Negotiator: Dave Kiff Negotiating Parties: Girl Scouts of Orange County Under Negotiation: Instruction to negotiator will concern price and terms of payment. B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Heading 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 (NBFA); Newport Beach Fire Management Association (NBF'MA); Lifeguard Management Association (NBLMA); Newport Beach Part Time Unit (UPEC, Local 777); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); and Newport Beach Professional and Technical Association (NBPTEA) 111. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Gardner, Council Member Petros, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle Excused: Mayor Pro Tem Hill VI. CLOSED SESSION REPORT - City Attorney Harp announced that there were no reportable actions taken Volume 61 - Page 180 City of Newport Beach City Council Minutes May 28, 2013 VII. PLEDGE OF ALLEGIANCE - Council Member Henn. VIII. INVOCATION - Mr. Frank Carpenter IX. PRESENTATION Presentation by Southern California Edison of the Savings by Design Incentive Check - Eddie Marquez of Southern California Edison presented the Mayor, on behalf of the City, with a $261,150.14 incentive check for the City's energy efficient and sustainability efforts related to the new Civic Center. X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON - DISCUSSION ITEM) Council Member Gardner announced that the Corona del Mar 5K will be held on Saturday, June 1. She also commented on the recent newspaper article about the City's art collection. Council Member Petros reported that he and Community Development Director Brandt met with the Versailles residents as part of the Hoag Hospital Development Agreement follow -up. Council Member Daigle recognized the ongoing activities and events occurring at the Back Bay Science Center. Council Member Selich announced that the 20th Annual Balboa Island Parade will be held on Sunday, June 2. Mayor Curry announced that he participiated in the Relay for Life event at Newport Harbor High School on May 18.19, 2013; met with British Ambassador, Sir Peter Westmacott, and presented him with a Key to the City; and visited Washington, D.C. and met with the Secretary of Transportation, Ray LaHood. He announced that he will be hosting Meet the Mayor on Saturday, June 8, at 9:00 a.m. in the Civic Center Community Room and indicated that a tour of the Civic Center will be conducted after the event. XIL PUBLIC COMMENTS ON CONSENT CALENDAR Regarding Item 13 (Final Tract Map 15774 for Condominium Project at 1001 Santa Barbara Drive), Council Member Selich reported that the project will provide $5 million in public benefit fees, $5 million to Crystal Cove, over $2 million in park fees, and over $1 million in affordable housing fees. Mayor Curry noted that Item 14 (Quarterly Business Report) includes information about the City's financial condition. Jim Mosher took issue with the number of changes being made through Item 4 (Ordinance No. 2013- 11 Amending Various Provisions of the Newport Beach Municipal Code), adding that Title 17 amendments should be vetted through the Harbor Commission. He believed that the Citywide Bicycle Master Plan (Item 9) dad not go before the Parks, Beaches and Recreation Commission. XIII. CONSENT CALENDAR Volume 61 - Page 181 City of Newport Beach City Council Minutes May 28, 2013 A. READING OF MINUTES AND ORDINANCES 1. MINUTES FOR THE MAY 14, 2013 STUDY SESSION AND REGULAR MEETING. 1100 -20131 Waive reading of subject minutes, approve as amended, and order filed. 2. READING OF ORDINANCES. Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. B. ORDINANCE FOR INTRODUCTION 3. CODE AMENDMENT NO. CA2013 -002 AMENDING TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE IN RESPECT TO THE PERIODIC REVIEW OF DEVELOPMENT AGREEMENTS (PA2013 -082). 1100 -20131 Introduce Ordinance No. 2013 -10, An Ordinance of the City Council of the City of Newport Beach Amending Chapter 15.45.080 of the Newport Beach Municipal Code Relating to the Periodic Review of Development Agreements (PA2013.082), a) finding that this Code Amendment is not subject to the California Environmental Quality Act (" CEQA') pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 1.5378) of the CEQA Guidelines; and b) approving Code Amendment No. 2013 -002, and pass to second reading on June 11, 2013. C. ORDINANCES FOR ADOPTION 4. ADOPTION OF ORDINANCE NO. 2013 -11 AMENDING VARIOUS PROVISIONS OF THE NEWPORT BEACH MUNICIPAL CODE. [100 -20131 Conduct second reading and adopt Ordinance No. 2013 -11, An Ordinance of the City Council of thz City of Newport Beach adding, amending and repealing various provisions of the Newport Beach Municipal Code. 5. ADOPTION OF ORDINANCE NO. 2013 -12: DISESTABLISHING THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT. [100 -20131 a) Conduct second reading and adopt Ordinance No. 2013 -12, An Ordinance of the City Council of the City of Newport Beach Repealing Ordinance No. 95.50 and Ordinance No. 97 -37 and Disestablishing the Marine Avenue Business Improvement District; and b) approve and accept the BID Advisory Board's recommendation to donate any BID assets located in the public right of way to the City and all other assets to the Balboa Island Improvement Association. 6. ADOPTION OF ORDINANCE NO. 2013 -13: DISESTABLISHING THE BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT. [100 -20131 Conduct second reading and adopt Ordinance No. 2013 -13, An Ordinance of the City Council of the City of Newport Beach Repealing Ordinance No. 95.4 and Ordinance No. 98 -4 and Disestablishing the Central Balboa Business Improvement District, aka the Balboa Village Business Improvement District; and b) approve and accept the BID Advisory Board's recommendation to donate the BID's assets to the City. D. CONTRACTS AND AGREEMENTS Volume 61- Page 182 City of Newport Beach City Council Minutes May 28, 2013 7. 19TH STREET TIDE GATE RETROFIT - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4773. [381100 -20131 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. 8. 16TH STREET PUMP STATION AND DOLPHIN AND TAMURA WATER WELLS IMPROVEMENTS - AWARD OF CONTRACT NO. 5196. 1381200 -20131 a) Approve the project drawings and specifications; b) award Contract No. 5196 to SCW Contracting Corporation of Fallbrook, California, for the total bid price of $773,410.00, and authorize the Mayor and City Clerk to execute the contract; c) establish a contingency of $77,000 (10 percent) to cover the cost of unforeseen work not included in the original contract; and d) authorize the Mayor and City Clerk to execute Amendment No. 2 to Professional Services Agreement with Dudek and Associates of Encinitas, California, on a form approved by the City Attorney for additional construction support services for a not -to- exceed additional fee of $15,580.00. 9. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ALTA PLANNING + DESIGN TO PREPARE A CITYWIDE. BICYCLE MASTER PLAN (C- 5476). [381100 -20131 a) Approve a Professional Services Agreement with Alta Planning + Design of Los Angeles, California, to create a Bicycle Master Plan for a not -to- exceed fee of $132,785.00, and authorize the Mayor and City Clerk to execute the Agreement; and b) approve Budget Amendment No. 13BA -43 creating a Bicycle Safety Fund Reserve and appropriating $132,785.00 from the Bicycle Safety Improvement Fund to Account No. 701.4- C3002024 for preparation of the Bicycle Master Plan and appropriating $8,000 from the Bicycle Safety Improvement Fund to Account No. 7014- C3002025 for the 32nd Street Bike Lane Striping Plan, 10. APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH RABBENMERMAN DESIGN OFFICE FOR ADDITIONAL MARINA PARK DESIGN SERVICES - CONTRACT NO. 3897. (381100 -20131 Approve Amendment No. 2 to Professional Services Agreement (PSA) with RabbenlHerman Design Office (RHDO) for Professional Design Services at a not -to- exceed price of $340,925.00, and authorize the Mayor and City Clerk to execute the Amendment. 11. THIRD AMENDMENT TO THE JOINT POWERS AGREEMENT FOR THE METRO CITIES FIRE AUTHORITY (C -3089). [381100 -20131 Approve and authorize the Mayor and City Clerk to execute the Metro Cities Fire Authority Third Amended Joint Powers Agreement. E. MISCELLANEOUS 12. CONFIRMATION OF VOTING DELEGATE AND ALTERNATE FOR THE 2013 LEAGUE OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE - SEPTEMBER 18 -20, 2013, IN SACRAMENTO. [100 -2013] a) Designate Mayor Keith Curry as the City's Voting Delegate and Mayor Pro Tem Rush Hill as the City's Alternate Voting Delegate at the annual League conference to be held from September 18 -20, 2013, in Sacramento; b) direct the City Clerk to complete and submit the League Volume 61 - Page 183 City of Newport Beach City Council Minutes May 28, 2013 designation form by Friday, August 23, 2013; and c) authorize Mayor Curry and/or Mayor Pro Tem Hill to attend the annual League conference pursuant to Charter Section 402 and City Council Policy F -8. 1.3. FINAL TRACT MAP NO. 16774 FOR CONDOMINIUM PROJECT AT 1001 SANTA BARBARA DRIVE. [100 -2013] Review and approve Final Tract Map No. 16774 located at 1001 Santa Barbara Drive pursuant to Section 1.9.60.010 of the Newport Beach Municipal Code. 14. QUARTERLY BUSINESS REPORT - JANUARY THROUGH MARCH 2013. 1100 -20131 Receive and file. 16. SET PUBLIC HEARING DATE TO ADOPT FISCAL YEAR (FY) 2013 -14 BUDGET. [100 -2013] Schedule a public hearing of the City's Proposed Budget for FY 2013 -14 on June 11, 2013, and direct the City Clerk to publish a notice of said hearing in accordance with Section 1102 of the Newport Beach Charter. Motion by Council Member Petros seconded by Council Member Selich to approve the Consent Calendar. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Mayor Pro Tem Hill XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS Suzanne Babbush displayed and provided photographs of the parking structure as viewed from her residence, and recommended that some type of planting be erected on the MacArthur Boulevard side. She also requested that the lights be turned off at night. Jim Mosher believed that it is difficult to verify that the City is following its budget and discussed City authorized travel for Council Members and staff. Jim Warren stated that, during the Memorial Day weekend, all the lights were on in City Hall and the Central Library from Friday to Monday. He also discussed the lighting of the sail and the brightness of the message board in the Council Chambers vestibule. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Petros discussed the Relay for Life Event held at Newport Harbor High School from May 18 -19, 2013, reported that the event raised about $40,000, and noted that Council had a team, the Council Critters. He also reported that he will be speaking at the Stop Polluting Our Newport (SPON) meeting on June 1, 2013, at 10:00 a.m. at the Environmental. Nature Center (ENC). Regarding travel expense concerns, Council Member Daigle pointed out that the City Council does not have City offices and are not provided car or cell phone allowances. Council Member Henn noted that he flew in from Chicago to attend tonight's meeting, will be flying back to Chicago tomorrow Volume 61 - Page 184 City of Newport Beach City Council Minutes May 28, 2013 morning, and emphasized that he is paying for his travel expenses himself. Council Member Selich announced that the General Plan/Local Coastal Program Implementation Committee will be meeting in the Corona del Mar Conference Room (Bay E, 1st Floor) on Wednesday, May 29, at 3:30 p.m. XVII. PUBLIC HEARING 16. MARINA PARK COASTAL LAND USE PLAN AMENDMENT NO. LC2012 -002 - 1600 WEST BALBOA BOULEVARD. [100 -20131 Planning Manager Alford provided a staff report and reported that, if the resolution is adopted, the City cannot proceed with the Coastal Development Permit, including the lighthouse feature, until the California Coastal Commission certifies the resolution. In response to Council Member Petros' question, Planning Manager Alford confirmed that the following language has been included in the resolution: 1) the .resolution is being adopted pursuant to the modifications approved by the Coastal Commission, 2) the project will be done in compliance with the Coastal Act, and 3) the resolution will not become effective until it is certified by the Coastal Commission's Executive Director. Mayor Curry opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Petros, seconded by Council Member Henn to adopt Resolution No. 2013 -44, A Resolution of the City Council of the City of Newport Beach Approving Coastal Land Use Plan Amendment No. LC2012 -002 to Policy 4.4.2 -1, as Modified by the California Coastal Commission in Respect to Marina Park (P.42012 -079), that 1) finds the California Environmental Quality Act ( "CEQA') to be satisfied, by the May 11, 2010, City Council certification of the Marina Park Project Environmental Impact Report (EIR) (SCH #2008051096) in compliance with the CEQA, the State CEQA Guidelines, and City Council Policy K -3, and 2) approves Coastal Land Use Plan Amendment No. LC2012 -002, as modified by the California Coastal Commission. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Mayor Pro Tem Hill XVIII, CURRENT BUSINESS 17. DONATION AGREEMENT WITH CRYSTAL COVE ALLIANCE FOR PHASE III COTTAGE RESTORATION (C- 6484). [381100 -20131 City Manager Kiff noted that the item was discussed during Study Session's budget deliberations and reported that the City would transmit $20,000/year of Transient Occupancy Tax (TOT) to Crystal Cove in order to assist them with Phase III renovations. Mayor Curry added that 17 cottages still need restoration at Crystal Cove and that the cottages generate TOT for the City. He explained that, in order to finance the restoration, the State raised rates and that the amount of TOT the City would receive on the increased rate is about $20,000 a year. He reported that the City is basically agreeing to provide a donation Volume 61 - Page 185 City of Newport Beach City Council Minutes May 28, 2013 equivalent to the increase of the TOT for a specified amount of time to help them finance the restoration, which will eventually generate additional TOT to the City. Motion by Council Member Daigle, seconded by Council Member Selich to a) authorize the City Manager to enter into a Donation Agreement with Alliance to provide funding for the Project; and b) waive the administrative and Finance Committee grant /funding application review processes located in Resolution No. 2012 -117. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Mayor Pro Tem Hill 18. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC). [100 -20131 City Clerk Brown provided paper ballots and announced the following votes: Mark Tabbert - Gardner Charles IvIcKenna - Petros, Selich, Daigle, Henn Joan Penfil - Mayor Curry City Clerk Brown announced that Charles McKenna was appointed to EQAC. 19. INITIATE AMENDMENTS TO THE LAND USE ELEMENT, COASTAL LAND USE PLAN, ZONING CODE, AND /OR ZONING MAP, AND BUDGET AMENDMENT TO TRANSFER FUNDS FROM THE UNAPPROPRIATED GENERAL FUND TO AN EXPENDITURE ACCOUNT (PA2013 -098). 1100 -20131 Community Development Director Brandt utilized a PowerPoint presentation to discuss the processes that would initiate amendments to the Land Use Element (LUE) of the Genera Plan. She noted that the Coastal Land Use Plan, Zoning Code, and possibly some Development Agreements may need amending in conjunction to the LUE. She higbbghtec possible LUE amendments and indicated that staff is requesting that Council initiate the amendments and form a Land Use Element Amendment Advisory Committee composed of twc Council Members, two Planning Commissioners, and three citizens. She reviewed the procese and timeline, and pointed out that voter consideration of the General Plan is anticipated at the November 2014 General Municipal Election. She noted that only amendments to the Genera Plan's LUE require voter approval. Mayor Curry commended staff, but recommended that the committee be comprised of five citizens, not just three citizens. He indicated that the citizens would need to apply for the committee and follow Council Policy A -2 (Appointments to Boards, Commissions ant Committees). Council Member Petros noted that the General Plan should be reviewed every 5 to 10 years and that, at this point, the amendment process would be trip neutral. He believed that thi: process would maintain the City's quality of life in the future. Jim Mosher noted that it would cost about $500,000 to hire the consultant; believed that thi; is being done to benefit The Irvine Company, so they should pay for the consultant; ant questioned the appointment process. Volume 61 - Page 186 City of Newport Beach City Council Minutes May 28, 2013 Council Member Gardner reiterated that the appointment process will follow the normal procedures. Council Member Petros took issue with Mr. Mosher's comments, reporting that he has received many letters from local businesses along Mariners Mile requesting LUE changes and emphasized that this is not being considered for the benefit of The Irvine Company. He pointed out that the process will allow for public dialogue to determine the future of the City. Motion by Council Member Selich, seconded by Council Member Henn to a) initiate an amendment of the General Plan Land Use Element, as well as companion amendments to the Coastal Land Use Plan, Zoning Code, and/or Zoning Map; b) adopt amended Resolution No. 2013 -45, A Resolution of the City Council of the City of Newport Beach Establishing the 2013 Land Use Element Amendment Advisory Committee; and c) approve Budget Amendment No. 13BA -045 to increase expenditure appropriations in the Planning Division's Professional & Technical Account, 2710 -8080, by $500,000 from General Fund unappropriated fund balance. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Mayor Pro Tern Hill 20. BUDGET AMENDMENT TO UPDATE CERTAIN REVENUES ESTIMATES, AND AUTHORIZE FUND TRANSFERS AND INCREASE EXPENDITURE APPROPRIATIONS. 1100 -20131 City Manager Kiff reported that this item was detailed during the Study Session's budget discussions. Motion by Council Member Selich, seconded by Council Member Petros to a) pursuant to Council Policy F -2 (Reserves), approve Budget Amendment No. 13BA -041 that appropriates the City Manager assignments of fund balance that were the result of Fiscal Year 2011 -12 surpluses. The total amount assigned by the City Manager was $13,582,180 and the budget amendment appropriates $5,043,503 (the remaining balance was expended through previous Council appropriations or released to fund balance); b) approve Budget Amendment No. 13BA -042 that increases General Fund revenue estimates by $6,205,629. This action will align the budget with the revenue estimates that are forecasted through the end of FY 2012 -13; and c) approve Budget Amendment No. 13BA -044 that records interfund transfers totaling $25,441,983, and increases General Fund expenditure appropriations by $633,000, Building Excise Tax Fund expenditure appropriations by $500,000, Equipment Fund expenditure appropriations by $542,182, and IT Strategic Fund expenditure appropriations by $861 „913. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Mayor Pro Tem Hill XIX. MOTIONS FOR RECONSIDERATION - None Volume 61 - Page 187 City of Newport Beach City Council Minutes May 28, 2013 XX. ADJOURNMENT - 7:42 p.m. The agenda for the Regular Meeting was posted on May 23, 2013, at 4:00 p.m. on the City's website; on May 24, 2013, at 8:30 a.m. on the City Hall Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive; and on May 24, 2013, at 5:00 a .m. on the City Hall Electronic Bulletin Board located in the entrance of the City Council Ch ambers at 100 Civic Center Drive. Recording Secretary Mayor r City Clerk Volume 61 - Page 188