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HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, FEBRUARY 12, 2013 CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE REGULAR MEETING 7:00 P.M. RUSH N. HILL, II Mayor Pro Tern TONY PETROS Council Member EDWARD D. SELICH Council Member KEITH D. CURRY Mayor ")w I-"� I I �q MICHAEL F. HENN Council Member LESLIE DAIGLE Council Member NANCY GARDNER Council Member DAVE KIFF - City Manager AARON HARP - City Attorney LEILANI BROWN - City Clerk STEVE BADUM - Assistant City Manager TERRI CASSIDY - Deputy City Manager /Human Resource Director DAVE WEBB - 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 HEARINGS: 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 held on the second and fourth Tuesdays of each month at 7:00 p.m., except in the months of August and December when there will be at least one regular meeting in August and one regular meeting in December. 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. The City of Newport Beach's goal is 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, we will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949- 644 -3005 or citvclerkn-newportbeachca. gov). PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE FEBRUARY 12, 2013 Regular Meeting 7:00 p.m. I. STUDY SESSION — 4:00 p.m. II. CLOSED SESSION — After Study Session - Council Chambers Conference Room A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 883 West 15'" Street, Newport Beach 92663; APN: 424 - 011 -37 Agency Negotiator: Dave Kiff Negotiating Parties: Michael Mooslin, First Church of Christ, Scientist Under Negotiation: Instruction to negotiator regarding price and terms of payment. B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 4 matters Michael San Kwon. v. City of Newport Beach, et. al. Orange County Superior Court Case No. 30- 2011 - 00500773 Hyun Myung Suk v. City of Newport Beach, et. al. Orange County Superior Court Case No. 30- 2012 - 00577284 Sunyl Chung v. City of Newport Beach, et. al. Orange County Superior Court Case No. 30- 2012 - 00576929 County of Orange v. Air California et. al. United States District Court Case No. CV 85 -1542 (TJH) (MCx) C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: Leilani Brown, City Clerk III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION — Melinda Blackman, Harbor Christian Church Testimony given before the City Council is recorded. 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. IX. Proclamation Designating February as American Heart Month 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. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. The City Council of Newport Beach welcomes and encourages community participation. Public comments are generally limited to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City 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. PUBLIC COMMENTS ON CONSENT CALENDAR Public comments are invited on Consent Calendar items (1 - 18). Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. To the extent that any item is removed from the Consent Calendar by a Council Member, members of the public are invited to speak on each item for up to three (3) minutes per item. XIII. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 18) are considered to be routine and will all be enacted by one motion in the form listed below. 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 City Council votes on the motion unless members of the City Council request specific items to be discussed and /or removed from the Consent Calendar for separate action. A. READING OF MINUTES AND ORDINANCES MINUTES FOR THE JANUARY 22, 2013 STUDY SESSION AND REGULAR MEETING. Waive reading of subject minutes, approve as written 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. NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE WITH ECOLOGY AUTO PARTS INC., A CALIFORNIA CORPORATION. a) Adopt Resolution No. 2013- 13: A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Conduct a Public Hearing to Consider the Granting of a Non - Exclusive Solid Waste Franchise to Ecology Auto Parts Inc., a California Corporation, to conduct a public hearing on February 26, 2013 to consider the aware of a Non - Exclusive Solid Waste Franchise to Ecology Auto Parts, Inc., a California Corporation; b) direct the City Clerk to publish Resolution No. 2013 -13 within 15 days of its adoption; and c) introduce Ordinance No. 2013 -2: An Ordinance of the City Council of the City of Newport Beach Granting a Non - Exclusive Solid Waste Franchise to Ecology Auto Parts, Inc., a California Corporation to Provide Solid Waste Collection Services Upon the City Streets and Within the City of Newport Beach, and pass to second reading on February 26, 2013. C. ORDINANCE FOR ADOPTION 4. ADOPTION OF ORDINANCE NO. 2013 -1 AMENDING THE NEWPORT BEACH MUNICIPAL CODE (NBMC) RELATED TO COMMERCIAL AND NON - COMMERCIAL TIDELANDS USES. Conduct second reading and adopt Ordinance No. 2013 -1: An Ordinance of the City Council of the City of Newport Beach Amending Chapter 3.36 and Title 17 of the Newport Beach Municipal Code Relating to Commercial and Non - Commercial Tidelands Uses. D. RESOLUTIONS FOR ADOPTION 5. SUMMARY VACATION OF EXISTING SEWER EASEMENTS AT 212, 216, 220 AND 224 KINGS PLACE, a) Adopt Resolution No. 2013 -14: A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 10 -Foot Wide Sewer Easement at 212 Kings Place (Lot 5, Block D of Tract 1219), and Directing the City Clerk to Record Same with the County Recorder's Office; b) adopt Resolution No. 2013 -15: A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 10 -Foot Wide Sewer Easement at 216 Kings Place (Lot 4, Block D of Tract 1219), and Directing the City Clerk to Record Same with the County Recorder's Office; c) adopt Resolution No. 2013 -16: A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 10 -Foot Wide Sewer Easement at 220 Kings Place (Lot 3, Block D of Tract 1219), and Directing the City Clerk to Record Same with the County Recorder's Office; d) adopt Resolution No. 2013 -17: A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 10 -Foot Wide Sewer Easement at 224 Kings Place (Lot 2, Block D of Tract 1219), and Directing the City Clerk to Record Same with the County Recorder's Office; and e) direct staff to process the summary vacation of said easements, and direct the City Clerk to have all Resolution sand summary vacation documents recorded by the Orange County Recorder. 6. SUMMARY VACATION OF STREET RIGHT -OF -WAY AT 912 EAST OCEAN FRONT. a) Adopt Resolution No. 2013 -18: A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation and abandonment of Street Right -of- Way (East Ocean Front) Adjacent to and Contiguous with 912 East Ocean Front (Lot 21, Block 14 of the Balboa Tract), and Directing the City Clerk to Record Same with the County Recorder's Office; b) direct staff to process the summary vacation of said right -of -way, and c) direct the City Clerk to have the resolution and summary vacation documents recorded by the Orange County Clerk Recorder's Office. E. CONTRACTS AND AGREEMENTS IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS — NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5035. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion with the Orange County Clerk Recorder's Office; 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 applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after this Council acceptance. 8. BULKHEAD AND SEAWALL REPAIRS — NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4897. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion with the Orange County Clerk Recorder's Office; 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 applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after this Council acceptance. t1 9. TIDEGATE RETROFITS AND UPGRADES — NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5116. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion with the Orange County Clerk Recorder's Office; 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 applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after this Council acceptance. 10. BALBOA BOULEVARD AND CHANNEL ROAD PAVEMENT RECONSTRUCTION — AWARD OF CONTRACT NO. 5152. a) Approve the project drawings and specifications; b) award Contract No. 5152 to NOBEST, Inc. (NOBEST) for the total bid price of $1,175,000.00, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $176,000.00 (15 %) to cover the cost of unforeseen work and anticipated additional concrete work not included in the original contract. 11. AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER DC &E FOR THE PREPARATION OF THE ENVIRONMENTAL IMPACT REPORT FOR THE UPTOWN NEWPORT MIXED USE RESIDENTIAL DEVELOPMENT LOCATED IN THE AIRPORT AREA. Approve the amendment to the Professional Services Agreement, and authorize the Mayor and City Clerk to execute the Agreement. 12. APPROVAL OF AMENDMENT NO. 6 WITH EPT DESIGN AND AMENDMENT NO. 1 WITH BONTERRA CONSULTING FOR ADDITIONAL FINAL DESIGN AND ENVIRONMENTAL SERVICES SUNSET RIDGE PARK — CONTRACT NO. 3449. a) Approve Amendment No. 6 to PSA with EPT Design (EPT) for final design services at a not to exceed price of $202,033, and authorize the Mayor and City Clerk to execute the Amendment; and b) Approve Amendment No. 1 to PSA with BonTerra Consulting (BonTerra) for environmental services at a not to exceed price of $139,550, and authorize the Mayor and City Clerk to execute the Amendment. 13. APPROVAL OF AMENDMENT NO. 1 TO ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH COAST SURVEYING, INC. Approve Amendment No. 1 to the January 18, 2012, On -Call Professional Services Agreement with Coast Surveying, Inc. to increase the contract limit to $250,000 for continuing on -call surveying services, and authorizing the Mayor and City Clerk to execute the Amendment. F. MISCELLANEOUS 14. PLANNING COMMISSION AGENDA FEBRUARY 7, 2013. Receive and file. 15. FINAL TRACT MAP NO. 16594 FOR 2300 NEWPORT BOULEVARD. Review and approve Final Tract Map No. 16594 located at 2300 Newport Boulevard pursuant to Section 19.60.010 of the Newport Beach Municipal Code (NBMC). 16. CITY COUNCIL PRIORITIES 2013. Receive and file the finalized listing of City Council Priorities for 2013. 17. APPROVE BUDGET AMENDMENT FOR THE 2014 HARBOR REGIONAL GENERAL DREDGING PERMIT. Approve Budget Amendment No. 13BA -031 appropriating $100,000 from the unappropriated Tidelands Fund reserves to Account No. 7231- C4401001 for professional services related to the 2014 dredging Regional General Dredging Permit. 18. APPOINTMENT TO THE BALBOA VILLAGE ADVISORY COMMITTEE (BVAC). Confirm the Mayor's appointment of Council Member Tony Petros to assume Mayor Curry's position on BVAC. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS Public comments are invited on non - agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVII. PUBLIC HEARINGS 19. RESIDENTIAL LOT MERGER CODE AMENDMENT - CODE AMENDMENT NO. CA2012 -007 (PA2012 -102). a) Conduct a public hearing; and b) introduce Ordinance No. 2013 -3: An Ordinance of the City Council of the City of Newport Beach Approving Code Amendment No. 2012 -007 Restricting the maximum Allowable Residential Floor Area on Lot Reconfigurations Resulting in Lot Area Increases of More Than Fifty Percent, and pass to second reading on February 26, 2013. 20. ZONING CODE AMENDMENT SINGLE ROOM OCCUPANCY RESIDENTIAL HOTELS AND PARKING FOR EMERGENCY SHELTERS - PA2012 -179 FOR CA2012 -009. a) Conduct a public hearing; and b) introduce Ordinance No. 2013 -4: An Ordinance of the City Council of the City of Newport Beach Adopting Zoning Code Amendment No. CA2012 -009 Regarding Single Room Occupancy Residential Hotels and Parking Requirements for Emergency Shelters (PA2012 -179), and pass to a second reading on February 26, 2013. XVIII. CURRENT BUSINESS 21. MOBILITIE TELECOMMUNICATIONS PERMIT FOR FAUX EUCALYPTUS TREE MONOPOLE LOCATED AT 2401 IRVINE AVENUE (PA2010 -073). a) Conduct Telecom application review; b) provide direction to applicant and staff regarding comparative height analysis of the structure at 57 feet, 56 feet, and /or 50 feet, and the preferable design of the structure; and c) continue the application to March 26, 2013, and direct staff to return with the appropriate resolution for adoption. 22. INITIATION OF AN AMENDMENT TO THE COASTAL LAND USE PLAN AND COUNCIL POLICY ESTABLISHING AN ENCROACHMENT PROGRAM FOR EAST OCEANFRONT. Initiate an amendment to the Coastal Land Use Plan Policy 3.1.3 and City Council Policy L -12 establishing an Encroachment Program for East Oceanfront. 23 INITIATION OF AN AMENDMENT TO THE ZONING CODE TO MODIFY THE MINIMUM LOT AREA/DENSITY STANDARD FOR MIXED -USE ZONING DISTRICTS. Initiate an amendment to Chapter 20.22 (Mixed -Use Districts) of the Zoning Code. 24. DECOMMISSIONING AND INTERIM USE OF THE EXISTING CITY HALL PROPERTY (3300 NEWPORT BOULEVARD). a) Approve the Decommissioning and Interim Use Plan; b) direct staff to prepare the necessary contract documents; and c) authorize the City Manager to execute any necessary agreements to facilitate efforts to secure the facility and provide for ongoing use of the existing City Hall site at 3300 Newport Boulevard. The Decommissioning and Interim Use Plan to include: 1. Securing vacated buildings. 2. Maintaining City Council Chambers as a functional community meeting room. 3. Maintaining exterior landscaping and lighting. 4. Converting the existing parking lot into a temporary metered /paid parking use. 5. Removing portable trailers G and I. 25. RESOLUTION NO. 2013 -19: RELATED TO THE CITY'S LEGISLATIVE PLATFORM; WASHINGTON DC ADVOCACY CONTRACT. a) Adopt Resolution No. 2013 -19: A Resolution of the City Council of the City of Newport Beach Approving a Legislative Platform, and authorizing the Mayor to issue statements and letters consistent with the Platform; and b) authorize the City Manager to extend the contract with Van Scoyoc and Associates in Washington DC for the duration of 2013 at $48,000 per year ($4,000 /month). 26. ESTABLISHMENT OF A NEWPORT HARBOR CAPITAL FUND. a) Review, provide comments, if any, and approve staff's proposal for the funding and use of the Harbor Fund; b) authorize staff to seek the State Lands Commission's approval to establish the Harbor Fund; and c) if and when the State Lands Commission consents to the creation of the Harbor Fund, direct staff to return to the City Council with a resolution and City Council Policy formalizing the Harbor Fund's revenue and expenditure allocations. 27. DIRECTION TO STAFF ON VARIOUS ISSUES. a) Should the City Attorney and City Manager review the provisions of the Newport Beach Municipal Code and bring back an ordinance to the City Council repealing any outdated or unnecessary provisions ?; and b) should the City Manager direct a review of the City's Master Fee Resolution to identify fees or other charges that are unused or little used and return proposed changes to the Resolution to the City Council ?; and c) should the City Manager and City Attorney examine possible funding sources for arts and cultural programs and projects in the community, and return with concepts or ideas for the City Council to review and provide further direction? XIX. 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. XX. ADJOURNMENT — In memory of Jay Robinson and Lisa Jordan M