HomeMy WebLinkAbout00 - Regular Meeting AgendaNEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
FEBRUARY 26, 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 LEGAL COUNSEL - EXISTING LITIGATION (Government Code
§ 54956.9(d)(1)):
City of Newport Beach v. Banshee Construction, et. al.
Orange County Superior Court Case No. 2011 - 00528392
B. 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 — Reverend Robert Jordon Ross, Newport Universalist Society
X. PRESENTATION
Arbor Day Presentation — Rotary Club of Newport Beach
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.
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.
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 - 8). 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 - 8) 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 FEBRUARY 12, 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 ADOPTION
3. ZONING CODE AMENDMENT SINGLE ROOM OCCUPANCY RESIDENTIAL
HOTELS AND PARKING FOR EMERGENCY SHELTERS - PA2012 -179 FOR
CA2012 -009. Conduct a second reading and adopt 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) approving Zoning
Code Amendment No. CA2012 -009.
C. CONTRACTS AND AGREEMENTS
4. SANTA ANA HEIGHTS PAVEMENT RESTORATION — AWARD OF CONTRACT
NO. 4707. a) Approve the project drawings and specifications; b) award Contract
No. 4707 to All American Asphalt for the total bid amount of $1,156,156.00, and
authorize the Mayor and City Clerk to execute the contract; c) establish a contingency
of $115,000.00 (10 percent) to cover the cost of unforeseen work not included in the
original contract; and d) approve Budget Amendment No. 13BA -032 appropriating
$324,759.00 in County Redevelopment Agency funding to Santa Ana Heights
Pavement Restoration CIP Account No. 7549- C5100879.
5. APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT
WITH MWH GLOBAL FOR ENGINEERING DESIGN AND CONSTRUCTION
SUPPORT SERVICES ASSOCIATED WITH REPLACEMENT OF THE BIG CANYON
RESERVOIR FLOATING COVER. Approve Amendment No. 3 to Professional
Services Agreement with MWH of Irvine, California, to increase total compensation by
$250,037.00 and authorize the Mayor and City Clerk to execute the amendment.
6. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN
GEOTECHNICAL; AND AMENDMENT NO. 3 TO PROFESSIONAL SERVICES
AGREEMENT WITH PSOMAS FOR THE CORONA DEL MAR WATER
TRANSMISSION MAIN a) Approve the Professional Services Agreement with Willdan
in the amount of $187,400.00 for geotechnical and material testing and specialty
inspection services; and authorize the Mayor and City Clerk to execute the agreement;
and b) approve Amendment No. 3 to the January 25, 2011, Professional Services
Agreement with PSOMAS increasing the compensation by $55,912 for additional
design and construction support services, and authorize the Mayor and City Clerk to
execute the amendment.
APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT
WITH KOURY ENGINEERING AND TESTING, INC. FOR MATERIAL TESTING AND
INSPECTION SERVICES FOR NEWPORT BEACH CIVIC CENTER AND PARK
PROJECT. Approve Professional Services Agreement Amendment No. 2 with Koury
Engineering & Testing, Inc., of Chino, California for Newport Beach Civic Center and
Park Project Material and Inspection Services at a not -to- exceed price of $273,268.00,
and authorize the Mayor and the City Clerk to execute the Amendment.
8. 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 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 2335 -486E and by $28,043 in 1820 -486E, and
increasing expenditure appropriations by $22,961 in 7014- C8002032 and by $28,043 in
7014- C8002033.
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 HEARING
9. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO ECOLOGY
AUTO PARTS INC., A CALIFORNIA CORPORATION. a) Conduct public hearing to consider
the award of a Non - Exclusive Solid Waste Franchise to Ecology Auto Parts, Inc.; and
b) conduct a second reading and adopt 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.
10. UPTOWN NEWPORT PLANNED COMMUNITY — 4311 - 4321 JAMBOREE ROAD, (PA2011-
134). a) Conduct a public hearing; b) adopt Resolution No. 2013 -21: A Resolution of the City
Council of the City of Newport Beach Certifying Final Environmental Impact Report No.
ER2012 -001 (SCH No. 2010051094) in Accordance with the California Environmental Quality
Act and State and Local Guidelines for the 25.05 Acre Planned Community Known as Uptown
Newport Located at 4311 -4321 Jamboree Road (PA2011 -134), certifying Environmental Impact
Report No. ER2012 -001 (SCH #2010051094); c) adopt Resolution No. 2013 -22: A Resolution of
the City Council of the City of Newport Beach Adopting a Statement of Overriding
Considerations in Accordance with the California Environmental Quality Act and State and Local
Guidelines for the Approval of 25.05 Acre Planned Community Known as Uptown Newport
Located at 4311 -4321 Jamboree Road (PA2011 -134), adopting the Statement of Facts and
Findings and Statement of Overriding Considerations; d) adopt Resolution No. 2013 -23: A
Resolution of the City Council of the City of Newport Beach Overruling the Orange County
Airport Land Use Commission's Determination that the Uptown Newport Project is Inconsistent
with the Airport Environs Land Use Plan for the John Wayne Airport and Finding the Uptown
Newport Project is Consistent with the Purposes of Public Utilities Code Section 21670
(PA2011 -134), overruling the Orange County Airport Land Use Commission determination that
the proposed Uptown Newport Planned Community is inconsistent with the Airport Environs
Land Use plan for the John Wayne Airport; e) introduce 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. PD2011 -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 pass to second reading for adoption on March 12, 2013; f) adopt Resolution No. 2013 -24: A
Resolution of the City Council of the City of Newport Beach Approving Tentative Tract Map No.
NT2012 -002, Traffic Study No. TS2012 -005 and Affordable Housing Implementation Plan No.
AH2012 -001 for the 25.05 Acre Planned Community Known as Uptown Newport Located at
4311 -4321 Jamboree Road (PA2011 -134), approving Tentative Tract Map No. NT2012 -002,
Traffic Study No. TS2012 -005, and Affordable Housing Implementation Plan No. AH2012 -001 to
allow the construction of up to 1,244 residential units, 11,500 square feet of retail commercial,
and 2.05 acres of park space in two separate construction phases; and g) introduce 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 and pass to second reading for adoption on March 12, 2013.
XVIII. CURRENT BUSINESS
11. APPOINTMENTS TO THE ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC).
a) Waive the portions of Council Policy A -2 (Board and Commission Appointments) which
establishes a Council Ad Hoc Appointments Committee and requires two or more applications
for each vacant seat; b) consider the applications received in the City Clerk's Office by the
February 15, 2013 deadline; and c) make appointments via paper ballot to EQAC pursuant to
City Council Policy A -2.
12. APPROVE RELINQUISHMENT AGREEMENT FOR THE PORTION OF STATE ROUTE 55
(SR 55) CONSISTING OF NEWPORT BOULEVARD FROM FINLEY AVENUE TO THE
NEWPORT CHANNEL BRIDGE Authorize the Mayor and City Clerk to execute the
Relinquishment Agreement for the portion of SR 55 consisting of Newport Boulevard from
Finley Avenue to the Newport Channel Bridge.
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13. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH GRIFFIN STRUCTURES,
INC., FOR CONSTRUCTION MANAGEMENT SERVICES AT MARINA PARK. Approve a
Professional Services Agreement with Griffin of Laguna Beach, California for construction
management services at a cost not to exceed $1,222,860.00, and authorize the Mayor and City
Clerk to execute the Agreement.
14. BIG CANYON RESERVOIR FLOATING COVER REPLACEMENT — AWARD OF CONTRACT
NO. 5027. a) Approve the project drawings and specifications; b) award Contract No. 5027 to
MPC for the total bid price of $5,720,500.00, and authorize the Mayor and City Clerk to execute
the contract; c) establish a contingency of $300,000 to cover the cost of unforeseen work not
included in the original contract; and d) approve Budget Amendment No. 13BA -033
appropriating $2,347,723.00 from the Water Enterprise Capital Improvement Fund (510) to the
Big Canyon Cover Replacement CIP Account No. 7511- C6002011.
15. PARKING LOT AUTOMATION INFRASTRUCTURE UPGRADE. Approve Budget Amendment
No. 13 -034 appropriating $440,000 from General Fund surplus fund balance to Account
No. 0643 -9050 for acquisition and installation of parking lot automation infrastructure.
16. REPEAL OF VARIOUS MUNICIPAL CODE PROVISIONS. Introduce 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,
12.12.060, and Local Amendment to Section 307. 1.1 of the California Fire Code, as Adopted by
Section 9.04.040, and Amending Section 5.04.020 of the Newport Beach Municipal Code,
repealing Chapters 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, 12.12.060, and local amendment to Section 307.1.1 of the California Fire
Code, as adopted by Section 9.04.040, and amending Section 5.04.020 of the Newport Beach
Municipal Code, and pass to second reading on March 12, 2013.
17. REQUEST TO CONSIDER AN AMENDMENT TO THE MUNICIPAL CODE TO REGULATE
THE USE OF TEMPORARY POWER GENERATORS. Direct staff to research alternatives to
regulate the use of temporary power generators in conjunction with construction activities, and
present the findings at a future City Council Study Session.
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
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