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Home My WebLink About00 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, OCTOBER 8, 2013 CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE REGULAR MEETING - 7:00 P.M. KEITH D. CURRY Mayor RUSH N. HILL, II Mayor Pro Tem TONY PETROS Council Member EDWARD D. SELICH � 1r�4 Council Member u k .;, DAVE KIFF - City Manager AARON HARP - City Attorney LEILANI BROWN - City Clerk STEVE BADUM - Assistant City Manager MICHAEL F. HENN Council Member LESLIE DAIGLE Council Member NANCY GARDNER Council Member 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 located at 100 Civic Center Drive, Bay E, 2na Floor. 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/CouncilAgendas. 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 cityclec rk�newportbeachcagovewportbeachcagov ). PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE REGULAR MEETING OCTOBER 8, 2013 7:00 P.M. I. STUDY SESSION — 5:00 p.m. II. CLOSED SESSION — After Study Session - Council Chambers Conference Room The City Council will meet in Closed Session to discuss the agenda items and issues listed below. Prior to entering Closed Session, the City Council welcomes public comments on these items and issues. Public comments are generally limited to three (3) minutes per person for all closed session agenda items. A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Heading Agency Designated Representatives: Dave Kiff, City Manager, and Terri Cassidy, Deputy City Manager; 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 (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Part -Time Employees Association of Newport Beach (PTEANB); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); and Newport Beach Professional and Technical Association (NBPTEA) B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: Aaron C. Harp, City Attorney 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 IX. PRESENTATION Proclamation Recognizing Wyatt Robertson for His Accomplishments in Academics and Commitment to Serving the Community Testimony given before the City Council is recorded. The timing light will turn yellow when the speaker has one minute left. The timing light will turn red when the speaker has 10 seconds left. 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 100 Civic Center Drive, Bay E, 2 n Floor, during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeachea.gov. 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 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. XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) XII. PUBLIC COMMENTS ON CONSENT CALENDAR Public comments are invited on CONSENT CALENDAR (Items 1 - 7). 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 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. XIII. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES MINUTES FOR THE SEPTEMBER 24, 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. ADOPTION OF ORDINANCE NO. 2013 -15 AMENDING SECTION 17.60.060 OF THE NEWPORT BEACH MUNICIPAL CODE TO REQUIRE COMMERCIAL TIDELANDS USERS TO DEFEND AND INDEMNIFY THE CITY OF NEWPORT BEACH. Conduct second reading and adopt Ordinance No. 2013 -15, An Ordinance of the City Council of City of Newport Beach Amending Section 17.60.060 of the Newport Beach Municipal Code to Require Commercial Tidelands Users to Defend and Indemnify the City of Newport Beach. C. CONTRACTS AND AGREEMENTS 4. PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR ENVIRONMENTAL SERVICES FOR THE REDEVELOPMENT OF THE FORMER CITY HALL COMPLEX AT 3300 NEWPORT BOULEVARD (PA2012- 031). Approve the Professional Services Agreement, and authorize the Mayor and City Clerk to execute the Agreement. 5. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR THE PARK AVENUE BRIDGE REPLACEMENT PROJECT — CONTRACT NO. 5128. Approve Amendment No. 1 to Professional Services Agreement with RBF Consulting (RBF) for environmental documentation, permitting and final engineering services not to exceed $766,000.00, and authorize the Mayor and City Clerk to execute the Amendment. D. MISCELLANEOUS 6. PLANNING COMMISSION AGENDA FOR OCTOBER 3, 2013. Receive and file. RECREATION CONTRACT REPORTING. a) Provide input, as needed; and b) receive and file the report. 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 8. WOODY'S WHARF USE PERMIT APPEAL — 2318 NEWPORT BOULEVARD — USE PERMIT NO. UP2011 -010 AND VARIANCE NO. VA2013 -006 (PA2011 -055). a) Conduct a de novo public hearing; b) uphold, modify or reverse the Planning Commission's action by either: 1) adopting Resolution No. 2013 -70, A Resolution of the City Council of the City of Newport Beach Upholding the Planning Commission Decision Approving Conditional Use Permit No. UP2011 -010 and Variance No. VA2013 -006 to Modify Valet Service, Opening Hours, Closing Hour of the Outdoor Dining Area, Waiver of Six Parking Spaces, Allow a Patio Cover to Encroach Into the Bulkhead Setback, a Change to Outdoor Seating Plan and the Addition of Patron Dancing, and Superseding Use Permit No. 3065 and Outdoor Dining Permit No. 1 at an Eating and Drinking Establishment Located at 2318 Newport Boulevard (PA2011 -055), to uphold (or modify) the decision of the Planning Commission and determining the project is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 — Existing Facilities and approving Conditional Use Permit No. UP2011 -010 and Variance No. VA2013 -006, to allow changes to the operation of the restaurant that includes: i. Extending the opening hour of the restaurant and outdoor dining area from 11:00 a.m. to 10:00 a.m., daily; ii. Extending the closing hour of the outdoor dining area from 11:00 p.m. to 2:00 a.m. on Friday and Saturday nights; iii. The introduction of patron dancing within the interior of the restaurant on Friday and Saturday nights; iv. Removing tables and chairs within the outdoor dining area on Friday and Saturday nights; v. The use of the valet parking on an as- needed basis; and vi. Waiver of a portion of the required parking. OR 3 �m 2) adopting Resolution No. 2013 -70, A Resolution of the City Council of the City of Newport Beach Reversing the Planning Commission Action and Denying Conditional Use Permit No. UP2011 -010 and Variance No. VA2013 -006, Use Permit No. 3065, and Outdoor Dining Permit No. 1 to Remain in Effect for an Existing Eating and Drinking Establishment Located at 2318 Newport Boulevard (PA2011 -055), to reverse the Planning Commission's action, determine pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review, and deny Use Permit No. UP2011 -010 and Variance No. VA2013 -006, thereby Use Permit No. 3065 and Outdoor Dining Permit No. 1 to remain in effect. 9. SPONSORSHIP AGREEMENT: CHRISTMAS BOAT PARADE — 2014 -2017. Authorize the Mayor to execute the Sponsorship ( "Grant ") Agreement with the Newport Beach Chamber of Commerce for support of the Christmas Boat Parade at $50,000 per year for 2014, 2015, 2016, and 2017. 10. CLOSE -OUT AND FINAL AMENDMENT TO THE CONSTRUCTION MANAGER AT RISK CONTRACT FOR CIVIC CENTER AND PARK PROJECT WITH C. W. DRIVER. Authorize the Mayor to sign the final close -out amendment to the Construction Manager at Risk Contract for Civic Center and Park Project with C. W. Driver. 11. RESPONSE TO RALPH M. BROWN ACT ALLEGATIONS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54960.2(C)(1). Authorize the Mayor to sign the proposed unconditional commitment letter pursuant to California Government Code Section 54960.2 to conserve public resources and avoid unnecessary litigation. XIX. MOTIONS 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 Pastor Chuck Smith of Calvary Chapel