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HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, MARCH 12, 2013 CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE CLOSED SESSION - 6:00 P.M. 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 MARCH 12, 2013 CLOSED SESSION - 6:00 P.M. REGULAR MEETING - 7:00 P.M. I. STUDY SESSION - Cancelled II. ROLL CALL - 6:00 p.m. III. PUBLIC COMMENTS REGARDING CLOSED SESSION Public comments are invited on Closed Session Agenda items only. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. IV. CLOSED SESSION - 6:00 p.m. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Lookout Point Alliance v. City of Newport Beach, et. al. Orange County Superior Court Case No. 2012 - 00588419 B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: Dave Kiff, City Manager V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE X. INVOCATION — Reverend Robert Jordan Ross, Newport Universalist Society XI. PRESENTATIONS — None XII. 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 City 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. 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. XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM) XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Public comments are invited on CONSENT CALENDAR items (1 - 11). 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. All matters listed under CONSENT CALENDAR (1 - 11) are considered to be routine and will all be enacted by one motion in the form listed below. The City Council has 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. XV. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES B. MINUTES FOR THE FEBRUARY 26, 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. 3. ADOPTION OF ORDINANCE NO. 2013 -7 AMENDING THE NEWPORT BEACH MUNICIPAL CODE TO REPEAL /AMEND OUTDATED AND INEFFICIENT REGULATIONS. Conduct second reading and adopt Ordinance No. 2013 -7: An Ordinance of the City Council of the City of Newport Beach, California, Repealing Chapter 2.04, 5.16, 5.34, 6.15 and 6.20, Sections 2.32.010 through 2.32.050, 10.12.020, 11.12.140, and 12.12.060, and Amending Section 5.04.020 of the Newport Beach Municipal Code. 4. UPTOWN NEWPORT PLANNED COMMUNITY — 4311 - 4321 JAMBOREE ROAD (PA2011 -134). a) Conduct second reading and adopt Ordinance No. 2013 -5: An Ordinance of the City Council of the City of Newport Beach Approving Planned Community Development Plan Amendment No. PD2011 -003 and Planned Community Development Plan Adoption No. PC2012 -001 for the 25.05 Acre Planned Community Known as Uptown Newport Located at 4311 -4321 Jamboree Road (PA2011 -134), approving Planned Community Development Plan Amendment No. PC2011 -003 to remove the subject property from the Koll Center Newport Planned Community, and Planned Community Development Plan Adoption No. PC2012 -001 to establish the allowable land uses, general development regulations, and implementation and administrative procedures, which would serve as zoning document for the construction of up to 1,244 residential units, 11,500 square feet of retail commercial, and 2.05 acres of park space; and b) conduct second reading and adopt Ordinance No. 2013 -6: An Ordinance of the City Council of the City of Newport Beach Approving Development Agreement No. DA2012 -003 for the 25.05 Acre Planned Community Known as Uptown Newport Located at 4311 -4321 Jamboree Road (PA2011 -134), approving Development Agreement No. DA2012 -003. C. RESOLUTION FOR ADOPTION 5. ESTABLISHMENT OF A BICYCLE MASTER PLAN OVERSIGHT COMMITTEE. a) Adopt Resolution No. 2013 -25: A Resolution of the City Council of the City of Newport Beach to Establish the Bicycle Master Plan Oversight Committee, to guide the preparation of a comprehensive, Citywide Bicycle Master Plan; b) appoint Council Member Tony Petros to act as Chairperson for the seven member Bicycle Master Plan Oversight Committee; c) direct the City Clerk to advertise and invite Newport Beach community members to apply for an appointment to the Bicycle Master Plan Oversight Committee; and d) establish a Council Ad -Hoc Appointments Committee consisting of Mayor Pro Tern Rush Hill, Council Member Edward Selich, and Council Member Nancy Gardner to review committee applications. D. CONTRACTS AND AGREEMENTS 6. OCEAN BOULEVARD AND CHINA COVE RAMP MEDIAN SLOPE MAINTENANCE - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. C -3912. 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. APPROVAL OF THE FISCAL YEAR 2012 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM TRANSFER AGREEMENT AND TRAINING FUNDS. a) Adopt Resolution No. 2013 -20: A Resolution of the City Council of the City of Newport Beach Approving the Transfer Agreement for Fiscal Year 2012 Urban Area Security Initiative Grant Program Purposes between the City of Newport Beach and the City of Anaheim and Authorizing the City Manager and the Fire Training Battalion Chief to Act as the "Authorized Agents" to Execute on Behalf of the City any Actions Necessary to Implement the Transfer Agreement and Obtain Federal Financial Assistance Provided by the Federal Department of Homeland Security and Sub - Granted through the State of California Emergency Management Agency, approving the Transfer Agreement for Fiscal Year 2012 UASI Grant Program purposes ( "Transfer Agreement) and authorizing the City Manager and the Fire Training Battalion Chief to act as the "Authorized Agents" to execute for, and on behalf of, the City any actions necessary to implement the Transfer Agreement and obtain federal financial assistance provided by the Federal Department of Homeland Security and sub - granted through the California Emergency Management Agency; b) accept the 2012 UASI Grant Fund Training Allocation in the amount of $51,004 to be utilized for reimbursement of training costs associated with approved Department of Homeland Security courses for emergency response personnel. The City of Anaheim UASI has divided up the training allocation between the Fire and Police Departments. The amount of $22,961 has been designated for the City of Newport Beach's (City) Fire Department personnel and $28,043 for the City's Police Department personnel; and c) approve Budget Amendment 13BA -035 increasing revenue estimates by $22,961 in Budget Account No. 2335 -486E and by $28,043 in Budget Account No. 1820 -486E, and increasing expenditure appropriations by $22,961 in CIP Account No. 7014- C8002032 and by $28,043 in 7014- C8002033. Continued from the February 26, 2012 City Council meeting. 8. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH FORMER CITY EMPLOYEE ROBERT PINGLE. Approve and authorize the City Manager to execute the Professional Services Agreement with former employee Robert Pingle. E. MISCELLANEOUS 9. PLANNING COMMISSION AGENDA FOR MARCH 7, 2013. Receive and file. 10. QUARTERLY BUSINESS REPORT (QBR) — OCTOBER THROUGH DECEMBER 2012. Review and file. 11. REIMBURSEMENT TO RIDGEWAY DEVELOPMENT COMPANY FOR RECONSTRUCTION OF A CITY SEWER MAIN. Approve payment in the amount of $21,362.15 from the sewer fund to Ridgeway Development Company for reimbursement of a portion of the cost to reconstruct an existing City sewer main adjacent to the Mariners Pointe development which was beyond the required scope of the development project's requirements. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR XVII. 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. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIX. PUBLIC HEARINGS 12. WOODY'S WHARF USE PERMIT APPEAL — 2318 NEWPORT BOULEVARD — USE PERMIT NO. 2011 -010 (PA2011 -055). a) Conduct public hearing; and b) staff recommends, and the applicant concurs, that the City Council direct the Planning Commission to review and take action on the application which is to be amended to include the variance request and noise analysis. Continued from the January 22, 2013 City Council meeting. 13. CITY HALL COMPLEX REUSE PROJECT AMENDMENTS: GENERAL PLAN AMENDMENT NO. GP2012 -002, COASTAL LAND USE PLAN AMENDMENT NO. LC2012 -001, AND ZONING CODE AMENDMENT NO. CA2012 -003 (PA2012 -031) — 3300 NEWPORT BOULEVARD AND 475 32N° STREET. Continue the item to the March 26, 2013 City Council meeting. 14. REVISIONS TO PREVIOUSLY ADOPTED RESOLUTIONS FOR GENERAL PLAN AND COASTAL LAND USE PLAN AMENDMENTS FOR VARIOUS LOCATIONS: LC2010 -002 (PA2010 -182) - 6908 -6936 WEST COAST HIGHWAY; LC2010 -003 (PA2010 -190) - 6480 WEST COAST HIGHWAY; LC2011 -001 (PA2011 -014) - 6904 WEST COAST HIGHWAY; LC2011 -003 (PA2011 -061) - 105 15TH STREET; AND LC2011 -002 (PA2011 -024) - 3363 -3377 VIA LIDO AND 3378 VIA OPORTO. a) Conduct public hearing; and b) adopt Resolution No. 2013 -26: A Resolution of the City Council of the City of Newport Beach Approving Amendments to the Land Use Element of the General Plan and Coastal Land Use Plan for Various Properties Located within the Coastal Zone. XX. CURRENT BUSINESS 15. INITIATION OF A GENERAL PLAN AMENDMENT FOR THE 2014 -2021 HOUSING ELEMENT UPDATE (PA2012 -104). Initiate a General Plan Amendment for the 2014 -2021 Housing Element Update. XXI. 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. XXII. ADJOURNMENT