HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
REGULAR CITY COUNCIL MEETING
TUESDAY, AUGUST 14, 2012
COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD
CLOSED SESSION - 5:00 P.M.
REGULAR MEETING - 7:00 P.M.
NANCY GARDNER
Mayor
KEITH D. CURRY MICHAEL F. HENN
Mayor Pro Tern Pp Council Member
�/ r 4V STEVEN ROSANSKY RUSH N. HILL, II
Council Member Council Member
14 4111,11(
LESLIE J. DAIGLE EDWARD D. SELICH
Council Member Council Member
DAVE KIFF - City Manager
AARON HARP -City Attorney
LEILANI BROWN - City Clerk
STEPHEN BADUM - 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 generally held on the second and fourth Tuesdays of each month at
7:00 p.m. 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.
It is the intention of the City of Newport Beach 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,
the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Leilani
Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if
accommodation is feasible.
PLEASE TURN CELL PHONES & PAGERS OFF OR SET IN SILENT MODE.
AMENDED AGENDA
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD
AUGUST 14, 2012
Closed Session - 5:00 p.m.
Regular Meeting - 7:00 p.m.
STUDY SESSION — Cancelled
II. ROLL CALL — 5:00 p.m.
III. PUBLIC COMMENTS REGARDING CLOSED SESSION
Public comments are invited on Closed Session Agenda items only. Speakers must limit comments to
five (5) minutes. Before speaking, please state your name for the record.
IV. CLOSED SESSION — 5:00 p.m.
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code §
54956.9(a)): Four matters
1. Christian Benard v City of Newport Beach, et al.
Orange County Superior Court Case No. 30- 2011- 00456286
2. Hyun Myung Suk v City of Newport Beach, et al.
Orange County Superior Court Case No. 30- 2012 - 00577284
3. Sunyl Chung, individually and as Successor in Interest, etc. v City of Newport Beach, et al.
Orange County Superior Court Case No. 30- 2012 - 00576929
4. Michael San Kwon, a minor, et al. v City of Newport Beach, et al.
Orange County Superior Court Case No. 30- 2011 - 00500773
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE
TO LITIGATION (Government Code § 54956.9(b)): One matter
1. There is a significant exposure to litigation with Kenneth Kaplan based on his allegations of
inverse condemnation related to the real property located at 1499 Monrovia Ave., Newport
Beach, California (Section 54956.9(b)(3)(B)).
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): Two
matters
1. Propert y:
1700 W. Balboa Blvd., Newport Beach, CA
Agency negotiator:
Dave Kiff
Negotiating party:
Girl Scouts of America
Under negotiation:
Instruction to negotiator will concern price and terms of payment.
2. Propert y:
1499 Monrovia Ave., Newport Beach, CA
Agency negotiator:
Dave Kiff
Negotiating part y:
Kenneth Kaplan
Under negotiation:
Instruction to negotiator will concern price and terms of payment.
AMENDED AGENDA
D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6)
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 (NBFMA); Lifeguard Management Association (NBLMA); Newport Beach Part Time Unit
(UPEC, Local 777); Newport Beach Police Association (NBPA); Newport Beach Police Management
Association (NBPMA); Newport Beach Professional and Technical Association (NBPTEA)
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 — Kerry Beaulieu, Our Lady Queen of Angels Church
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. Speakers must limit comments to five (5)
minutes on agenda items. 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.
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. 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, staff or the public
request specific items to be discussed and /or removed from the Consent Calendar for separate action.
Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern
upon invitation by the Mayor, and state their name and item number. If the optional sign -in card has
been completed, it should be placed in the box provided at the podium.
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
MINUTES FOR THE JULY 23, 2012 SPECIAL MEETING AND JULY 24, 2012 STUDY
SESSION AND REGULAR MEETINGS. Waive reading of subject minutes, approve as
written and order filed.
/_1MI=1ZIa]=1e7_R94Z157_1
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all
ordinances and resolutions under consideration, and direct the City Clerk to read by title
only.
B. ORDINANCES FOR ADOPTION
3. SECOND READING OF ORDINANCES RELATED TO THE NEWPORT BANNING
RANCH PROJECT, A PROPOSED 401 -ACRE PLANNED COMMUNITY
GENERALLY LOCATED NORTH OF WEST COAST HIGHWAY, SOUTH OF 19TH
STREET, AND EAST OF THE SANTA ANA RIVER (PA2008 -114). a) Conduct second
reading and adopt Ordinance No. 2012 -16 approving Code Amendment
No. CA2008 -004 and Planned Community Development Plan Amendment
No. PC2008 -002, and finding that the California Environmental Quality Act (CEQA) has
been satisfied by the July 23, 2012, City Council certification of Newport Banning Ranch
Final Environmental Impact Report (SCH No. 2009031061); and b) conduct second
reading and adopt Ordinance No. 2012 -17 approving Development Agreement
No. 2008 -003, and finding that the California Environmental Quality Act (CEQA) has
been satisfied by the July 23, 2012, City Council certification of Newport Banning Ranch
Final Environmental Impact Report (SCH No. 2009031061).
4. SECOND READING — ORDINANCE NO. 2012.18 EXEMPTING COMPLIMENTARY
HOTEL ROOMS FROM TRANSIENT OCCUPANCY TAX AND VISITOR'S SERVICE
FEE AND GENERAL TERMINOLOGY CLEAN UP. Conduct second reading and adopt
Ordinance No. 2012 -18, amending Newport Beach Municipal Code Sections 3.16.040
and 3.28.035 to exempt complimentary hotel rooms from TOT and VSF, and amending
Sections 3.16.020, 3.16.030, 3.16.040, 3.16.050, 3.16.060, 3.16.070, 3.16.075,
3.16.085, 3.16.090, 3.16.110, 3.16.120, 3.16.140, 3.28.010, 3.28.035, 3.28.050,
3.28.055, 3.28.060, 3.28.070 and 3.28.085 to reflect the terminology change from
"Administrative Services Director" to "Finance Director."
5. SECOND READING OF ORDINANCES TO THE NORTH NEWPORT CENTER
PLANNED COMMUNITY AMENDMENT PROJECT WHICH INCLUDES FASHION
ISLAND, BLOCK 600, BLOCK 800 AND PORTIONS OF BLOCKS 100, 400,500 AND
SAN JOAQUIN PLAZA (PA2012 -020). a) Conduct second reading and adopt
Ordinance No. 2012 -19 approving Planned Community Development Plan Amendment
No. PD2012 -001 and finding that the California Environmental Quality Act (CEQA) has
been satisfied by the July 24, 2012, City Council adoption of Addendum No. 2 to the
Program Environmental Impact Report (SCH No. 200601119) for the City of Newport
Beach General Plan 2006 Update; and b) conduct second reading and adopt Ordinance
No. 2012 -20 approving Amendment to the Development Agreement No. DA2007 -002
and finding that the California Environmental Quality Act (CEQA) has been satisfied by
the July 24, 2012, City Council adoption of Addendum No. 2 to the Program
Environmental Impact Report (SCH No. 200601119) for the City of Newport Beach
General Plan 2006 Update.
C. RESOLUTIONS FOR ADOPTION
6. CONTINUATION OF ALL PROVISIONS OF THE RALPH M. BROWN ACT. Adopt
Resolution No. 2012 -74 continuing all provisions of the Brown Act.
DESIGNATION OF MANAGER PRO TEMPORE. Adopt Resolution No. 2012 -75
relating to the designation of persons to serve as "managers pro tempore" in the City
Manager's temporary absence or disability.
8. LABOR AGREEMENT: NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION.
a) Authorize Mayor Gardner to execute a Memorandum of Understanding (MOU) with
the Newport Beach Fire Management Association (NBFMA); and b) adopt Resolution
/_1MI=1ZIa]=1e7_m:IZ1117-11
No. 2012 -76 to change the reporting of the Employer Paid Member Contribution
(EPMC) for the PERS retirement benefit (as provided for in the proposed MOU).
D. CONTRACTS AND AGREEMENTS
9. 2011 -2012 SIDEWALK, CURB & GUTTER REPLACEMENT — NOTICE OF
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4850. 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.
10. LOWER BUCK GULLY RESTORATION PROJECT — COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 3780. 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; c) release the
Faithful Performance Bond one year after Council acceptance; and d) approve Budget
Amendment No. 13BA -007 transferring $18,000 from 7014- C5002002 to Account
No. 3170 -80883 for routine landscape maintenance services for FY 2012 -13 for the
Lower Buck Gully restoration area.
11. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DAVE VOLZ
DESIGN LANDSCAPE ARCHITECTS, INC., FOR BALBOA BOULEVARD
LANDSCAPE ENHANCEMENT PROJECT. a) Approve a Professional Services
Agreement with Dave Volz Design Landscape Architects, Inc. of Costa Mesa,
California, for West Newport Landscape Enhancement Project Landscape Architect and
Engineering Design Services at a not -to- exceed price of $243,530, and authorize the
Mayor and the City Clerk to execute the Agreement.
12. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH URS
CORPORATION FOR THE SEAWALL DESIGN AND ENTITLEMENT FOR BALBOA
ISLAND AND LITTLE BALBOA ISLAND. a) Approve Budget Amendment
No. 13BA -006 appropriating $377,417 from the unappropriated Tidelands Fund balance
to Project Account No. 7241- C4402007; and b) approve a Professional Services
Agreement with URS Corporation (URS) of Long Beach, California, at a cost not to
exceed $1,326,604, and authorize the Mayor and City Clerk to execute the Agreement.
(During the first fiscal year of the contract, the consultant's tasks will limited such that
expenditures will not exceed $877,417. Next fiscal year, staff expects to request
additional funding approximately $449,187 to fund the remaining contract tasks.)
13. SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT. Approve the Agreement
between the City of Newport Beach and the Newport-Mesa Unified School District to
participate in the School Resource Officer Program ( "Agreement "), and authorize the
Mayor to execute the Agreement on behalf of the City.
E. MISCELLANEOUS
14. SUSAN G. KOMEN — "RACE FOR THE CURE" BANNERS — APPROVAL OF
ENCROACHMENT PERMIT N2012 -0227. Conditionally approve the request of "Susan
G. Komen — Race for the Cure" for installation of 40 banners from August 23, 2012, to
September 24, 2012, for the annual Race for the Cure. Installation will be along
Westcliff Drive, Jamboree Road, and MacArthur Boulevard.
AMENDED AGENDA
15. TASTE OF NEWPORT BANNERS — APPROVAL OF ENCROACHMENT PERMIT
N2012 -0203. Conditionally approve the request of the Newport Beach Chamber of
Commerce for installation of 100 banners from August 15, 2012, to
September 17, 2012, for the "Taste of Newport". Installation will be along Westcliff
Drive, Jamboree Road, MacArthur Boulevard, Newport Boulevard, and East Coast
Highway.
16. INITIATION OF AN AMENDMENT OF THE ZONING AND SUBDIVISION CODE
RELATED TO RESIDENTIAL LOT MERGERS (PA2012 -102). Initiate an amendment
of the Zoning Code (Title 20) and Subdivision Code (Title 19) regulating the merger of
residential lots.
17. BUSINESS IMPROVEMENT DISTRICT FISCAL YEAR 2012 -2013 BOARD
APPOINTMENTS. a) Appoint the following to the Newport Beach Restaurant
Association Business Improvement District Advisory Board of Directors for FY 2012-
2013: Jim Walker — The Bungalow Restaurant, Sheri Drewry — Wilma's Patio, Nicole
Hay — 21 Oceanfront, John Robinson — Amelia's Seafood & Italian Restaurant, Ali
Zadeh — Port Restaurant, Tony Motakef — A Restaurant, Eldy Galietta — Barolo By the
Sea, Thomas Giulioni — Back Bay Bistro, Jim Columbo — The Five Crowns Restaurant
& Side Door, David Salisbury — Harborside Restaurant & Grand Ballroom, Newport
Landing Restaurant, Miguel Rodriguez — Mastro's Ocean Club, Ronald Schwartz —
Muldoon's Irish Pub, and Sam Tila — Royal Thai Cuisine; b) appoint the following to the
Marine Avenue Association Business Improvement District Advisory Board of Directors
for FY 2012 -2013: Sheri Drewry — Wilma's Patio, John Robinson — Amelia's Seafood &
Italian Restaurant, Alex Robinson — Posh Events, and Daniel Miller — CLK Island
Properties; and c) appoint the following, additional members to the previously approved
Balboa Village Improvement District Advisory Board of Directors for FY 2012 -2013:
David Salisbury — Harborside Restaurant & Grant Ballroom, Newport Landing
Restaurant, and Henk Wiessner - Fun Zone Boats.
18. APPOINTMENT OF PRIMARY AND ALTERNATE BOARD MEMBERS TO THE
METRO CITIES FIRE AUTHORITY. Appoint the Assistant City Manager as the Board
Member and the Assistant to the City Manager as the Alternate Board Member to the
Metro Cities Fire Authority.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT
FOR THOSE ITEMS REMOVED.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
XVII. PUBLIC COMMENTS
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 HEARING
19. BALBOA VILLAGE IMPLEMENTATION PLAN (PA2011 -224) — BALBOA PENINSULA
BETWEEN 7T" STREET AND A STREET INCLUDING BALBOA VILLAGE. Continue the
public hearing to the September 25, 2012 City Council meeting to allow the Neighborhood
Revitalization Committee (NRC) to review the draft residential permit parking survey and the
structure of the proposed advisory committee. The NRC is tentatively scheduled to review the
items on September 13, 2012.
AMENDED AGENDA
XX. 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.
XXI. ADJOURNMENT