HomeMy WebLinkAbout0 - Meeting AgendaNEWPORT BEACH CITY COUNCIL AGENDA
STUDY SESSION
COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD
FEBRUARY 14, 2012
Closed Session - 2:00 p.m. and 5:30 p.m.
Study Session - 3:30 p.m.
ROLL CALL — 2:00 p.m.
II. PUBLIC COMMENTS
Public comments are invited on the Closed Session Agenda (Item 111 below), Speakers must limit
comments to five (5) minutes. Before speaking, please state your name for the record.
III. CLOSED SESSION — 2:00 p.m.
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code
§ 54956.9(a)): Two matters:
1. Christian Benard v City of Newport Beach, et al.
Orange County Superior Court Case No. 30 -2011- 00456286
2. Paul Matheis v City of Newport Beach, et al.
Orange County Superior Court Case No. 30 -2011- 00477924
B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — INITIATION OF
LITIGATION (Government Code § 54956.9(c)): One matter
C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6)
Agency Designated Representatives: Dave Kiff, City Manager; Dana Smith, Assistant City Manager;
Terri Cassidy, Human Resources Director; and Richard Kreisler, Special Counsel and Negotiator
Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards
(ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire Management Association
(NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA);
Police Employees' Association (PEA); City Employees Association (NBCEA); Newport Beach Professional
& Technical Employees Association (NBPTEA); Newport Beach Employees League (NBEL); and Newport
Beach Part-Time Unit (UPEC, Local 777)
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. Speakers must limit comments to five (5) minutes on agenda items. The 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.
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.newportbeachea.gov
This meeting is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the agenda be posted
at least 72 hours in advance of each meeting and that the public be allowed to comment on agenda items before the City
Council and items not on the agenda but are within the subject matter jurisdiction of the City Council. The City Council
may limit public comments to a reasonable amount of time, generally either three (3) or five (5) minutes per person.
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 (949- 644 -3005 or citvclerk@newoortbeachca.eov).
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957)
Title: City Clerk
IV. ROLL CALL — 3:30 p.m.
V. CURRENT BUSINESS
CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. (3:30 P.M.)
2. AMENDMENTS TO THE FINE SCHEDULE FOR ADMINISTRATIVE CITATIONS/
RECOVERY OF ENFORCEMENT COSTS AND ENHANCED CODE
ENFORCEMENT PENALTIES. (3:40 P.M.)
Does the City charge an appropriate amount to persons or businesses that
become a nuisance and violate the Newport Beach Municipal Code? Are the
amounts enough to cover the City's costs (including investigatory costs) as well as
to address problem cases and to deter repeat offenders? These fines are referred
to as "administrative citations." Staff will present a series of options to the
Council, seeking direction to return to Council later with a proposed ordinance.
3. KEEPING OF CHICKENS IN SINGLE - FAMILY RESIDENTIAL ZONING
DISTRICTS. (4:10 P.M.)
Should the City's codes regarding the keeping of poultry in residential areas be
changed to allow "the Goldenrod Six" to stay in Corona del Mar? Today,
chickens are allowed only in the community's "REQ" Districts (residential
equestrian) which are in Santa Ana Heights.
VI. PUBLIC COMMENTS
Public comments are invited on Closed Session Agenda items, as reflected in Item I/ - Closed Session of
the Regular Meeting agenda, and on non - agenda items generally considered to be within the subject
matter jurisdiction of the Council. Speakers must limit comments to five (5) minutes. Before speaking,
please state your name for the record.
VII. ADJOURNMENT — Adjourn back into Closed Session at 5:30 p.m.
CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
REGULAR CITY COUNCIL MEETING
TUESDAY, FEBRUARY 14, 2012
COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD
Closed Session - 2:00 p.m. (see Study Session Agenda) and 5:30 p.m.
Regular Meeting - 7:00 p.m.
KEITH D. CURRY
Mayor Pro Tern
STEVEN ROSANSKY
Council Member
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LESLIE J. DAIGLE
Council Member
NANCY GARDNER
Mayor
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DAVE KIFF — City Manager
AARON HARP —City Attorney
LEILANI BROWN — City Clerk
DANA SMITH — Assistant City Manager
STEPHEN BADUM — Public Works Director
NOTICE TO THE PUBLIC
MICHAEL F. HENN
Council Member
RUSH N. HILL, II
Council Member
EDWARD D. SELICH
Council Member
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r
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.
NEWPORT BEACH CITY COUNCIL AGENDA
COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD
FEBRUARY 14, 2012
Closed Session - 2:00 p.m. (see Study Session Agenda) and 5:30 p.m.
Regular Meeting - 7:00 p.m.
STUDY SESSION — 3:30 p.m.
II. CLOSED SESSION — 5:30 p.m.
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code
§ 54956.9(a)): Two matters:
1. Christian Benard v City of Newport Beach, et al.
Orange County Superior Court Case No. 30- 2011- 00456286
2. Paul Matheis v City of Newport Beach, et al.
Orange County Superior Court Case No. 30- 2011 - 00477924
B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — INITIATION OF
LITIGATION (Government Code § 54956.9(c)): One matter
C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6)
Agency Designated Representatives: Dave Kiff, City Manager; Dana Smith, Assistant City Manager;
Terri Cassidy, Human Resources Director; and Richard Kreisler, Special Counsel and Negotiator
Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards
(ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire Management Association
(NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA);
Police Employees' Association (PEA); City Employees Association (NBCEA); Newport Beach
Professional & Technical Employees Association (NBPTEA); Newport Beach Employees League
(NBEL); and Newport Beach Part-Time Unit (UPEC, Local 777)
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957)
Title: 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
Testimony given before the City Council is recorded.
Yellow light indicates that the speaker has one minute for summation;
and 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.
VIII. INVOCATION
IX. PRESENTATIONS - None
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. Speakers must limit comments to five (5)
minutes on agenda items. The 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. CONSENT CALENDAR
All matters listed under CONSENT CALENDAR (1 - 13) are considered to be routine and will all be
enacted by one motion in the form listed below. The City 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 Council votes on the motion unless members of the 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 SPECIAL MEETING OF JANUARY 23, 2012 AND STUDY
SESSION AND REGULAR MEETINGS OF JANUARY 24, 2012. Waive reading of
subject minutes, approve as written and order filed.
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. RESOLUTIONS FOR ADOPTION
3. APPROVAL OF THE FISCAL YEAR 2011 URBAN AREA SECURITY INITIATIVE
GRANT PROGRAM TRANSFER AGREEMENT AND TRAINING FUNDS. a) Adopt
Resolution No. 2012 -14 approving the Transfer Agreement and authorizing the City
Manager and the Emergency Services Coordinator 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 though the California Emergency Management
Agency; b) accept the 2011 UASI Grant Fund Training Allocation in the amount of
$70,014 to be utilized for reimbursement of training of costs associated with approved
Department of Homeland Security (DHS) courses for emergency response personnel.
The City of Santa Ana UASI has divided up the training allocation between the Fire and
Police Departments. The amount of $31,519 has been designated for City of Newport
Beach's (City) Fire Department personnel and $38,495 for the City's Police Department
personnel; and c) approve Budget Amendment No. 12BA -026 increasing revenue
estimates by $31,519 in 2355 -486D and by $34,495 in 1820 -486D, and increasing
expenditure appropriations by $31,519 in 7014- C8002028 and by $38,495 in
7014- C8002029.
4. ADOPT RESOLUTION TO PROHIBIT SKATEBOARDING ON GRAND CANAL
WALKWAYS. a) Rescind Resolution No. 2002 -1; and b) adopt Resolution No. 2012 -15
prohibiting skateboarding on certain streets, sidewalks, parks, and public areas.
C. ORDINANCES FOR ADOPTION
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5. NEWPORT BEACH COUNTRY CLUB (PA2005 -140) - GOLF REALTY FUND -
1600 AND 1602 EAST COAST HIGHWAY. a) Conduct second reading and adopt
Ordinance No. 2012 -2 approving Planned Community Development Plan
No. PC2005 -002, for the entire 140 -acre project site; and b) conduct second reading
and adopt Ordinance No. 2012 -3 approving Development Agreement No. DA2008 -001.
6. NEWPORT BEACH COUNTRY CLUB (PA2008 -152) - NEWPORT BEACH COUNTRY
CLUB, INC. - 1600 EAST COAST HIGHWAY. a) Conduct second reading and adopt
Ordinance No. 2012 -4 approving Planned Community Development Plan
No. PC2008 -001, to increase the size of the golf clubhouse from 35,000 to 56,000
gross square feet; and b) conduct second reading and adopt Ordinance No. 2012 -5
approving Development Agreement No. DA2010 -005.
RECYCLED WATER INTERTIE AGREEMENT BETWEEN THE IRVINE RANCH
WATER DISTRICT (IRWD), THE ORANGE COUNTY WATER DISTRICT (OCWD),
THE ORANGE COUNTY SANITATION DISTRICT (OCSD), AND THE CITY OF
NEWPORT BEACH. Authorize the City Manager to enter into an agreement between
IRWD, OCWD, OCSD and the City.
8. BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS - AWARD OF
CONTRACT NO. 4301. a) Approve the project drawings and specifications; b) award
Contract No. 4301 to Green Giant Landscape, Inc. for the total bid price of $305,460.00,
and authorize the Mayor and City Clerk to execute the contract; c) establish a
contingency of $30,540.00 (approximately 10 percent) to cover the cost of unforeseen
work; and d) approve Budget Amendment No. 12BA -027 recognizing $316,900.00 in
federal grant money from the Transportation Enhancement (TE) funding to Account
No. 250 -4880 and appropriating $316,900.00 to Account No. 7251- C2002008.
9. AGREEMENT WITH MAXIMUS CONSULTING SERVICES, INC. TO FILE STATE
MANDATE REIMBURSEMENT CLAIMS. a) Authorize the Mayor and City Clerk to
execute a Professional Services Agreement with Maximus in substantially the same
form as attached to the staff report authorizing Maximus to file the State Mandate
reimbursement claims for July 1, 2009 through June 30, 2010, and for July 1, 2010
through June 30, 2011, and to also file a claim for 2012 related to the City's Mandatory
Reimbursement Process claim; and b) waive Council Policy F -14, and authorize the
City to engage Maximus for these services on a Single Source basis without obtaining
competitive proposals.
E. MISCELLANEOUS
10. PLANNING COMMISSION STUDY SESSION AND REGULAR MEETING AGENDAS
FOR FEBRUARY 9, 2012. Receive and file.
11. REQUEST TO RETAIN AND CONSTRUCT PRIVATE IMPROVEMENTS IN THE
PUBLIC RIGHT -OF -WAY AT 211 EVENING CANYON ROAD. a) Waive Council
Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow planter walls to
encroach up to 4 feet 7 inches at 211 Evening Canyon Road, contingent upon all
conditions of the Encroachment Permit process being met; and b) direct staff to amend
the existing Encroachment Agreement, O.R. 86- 399874, to reflect the proposed
improvements, and authorize the City Manager to execute the amended Encroachment
Agreement.
12. UNSCHEDULED VACANCIES ON THE AVIATION COMMITTEE. a) Declare the
following seats vacant: Dan Gilliland - District 1 seat; Henry Arjad - District 1
alternative; Sue Hogan - District 3 alternate; Bonnie O'Neil - District 4 seat; and Ron
Darling - District 4 alternate; and b) direct the City Clerk to post and publish a Special
Vacancy Notice requesting that applications be submitted by 4:00 p.m. on Wednesday,
February 29, 2012, and schedule confirmation of nominees to be made on March 13,
2012.
13. NOMINATIONS TO FILL THE VACANCIES ON THE CITIZENS BICYCLE SAFETY
COMMITTEE. Confirm the following nominations to fill the unscheduled vacancies on
the Citizens Bicycle Safety Committee: Michael Alti, Sandra Asper, Lou Cohen, Errett
Cord, Barbara Danzi, Greg George, John Heffernan, David Huntsman, Robert Kahn,
Denis LaBonge, Sean Matsler, Francis Peters, Anthony Petros, and John Tzinberg.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT
FOR THOSE ITEMS REMOVED.
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
XIV. PUBLIC COMMENTS
Public comments are invited on non - agenda items generally considered to be within the subject matter
jurisdiction of the Council. Speakers must limit comments to three (3) minutes. Before speaking, please
state your name for the record.
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
XVI. PUBLIC HEARINGS
14. DR. MORGAN PROPERTY AMENDMENTS (PA2011 -138) - 1419 SUPERIOR - GENERAL
PLAN AMENDMENT NO. GP2011 -007 AND ZONING CODE AMENDMENT NO. CA2011 -010
TO CHANGE THE LAND USE DESIGNATION OF MULTIPLE RESIDENTIAL (RM 18 DU /AC)
TO MEDICAL COMMERCIAL OFFICE (CO -M 0.49 FAR); AND CHANGE THE ZONING
DISTRICT DESIGNATION FROM MULTIPLE RESIDENTIAL (RM 2420) TO OFFICE
MEDICAL (OM 0.49). a) Conduct a public hearing; b) adopt Resolution No. 2012 -16 approving
General Plan Amendment No. GP2011 -007; and c) introduce Ordinance No. 2012 -7 approving
Code Amendment No. CA2011 -010, and pass to a second reading for adoption on February 28,
2011.
15. SCAP III, LLC PROPERTY AMENDMENTS (PA2011 -196) - 514 E. OCEANFRONT (AKA)
101 -07 PALM STREET - GENERAL PLAN AMENDMENT NO. GP2011 -009, LOCAL
COASTAL PLAN AMENDMENT NO. LC2011 -005, AND CODE AMENDMENT NO. CA2001-
012 TO CHANGE THE DESIGNATIONS FROM TWO -UNIT RESIDENTIAL (RT, RT -E AND R-
2) TO MIXED - VERTICAL (MU -V) LAND USE DESIGNATIONS. a) Conduct a public hearing;
b) adopt Resolution No. 2012 -17 approving General Plan Amendment No. GP2011 -009 and
Local Coastal Plan Amendment No. LC2011 -005; and c) introduce Ordinance No. 2012 -8
approving Code Amendment No. CA2011 -012, and pass to second reading for adoption on
February 28, 2011.
16. PRESTA PROPERTY AMENDMENTS (PA2011 -179) 2888 & 2890 BAYSHORE DRIVE -
GENERAL PLAN AMENDMENT NO. GP2011 -008, LOCAL COASTAL PLAN AMENDMENT
NO. LC2011 -004, AND CODE AMENDMENT NO. CA2011 -011 TO CHANGE THE LAND USE
DESIGNATIONS FOR THE TWO SUBJECT PROPERTIES. a) Conduct a public hearing;
b) adopt Resolution No. 2012 -18 approving General Plan Amendment No. UP2011 -008 and
Coastal Land Use Plan Amendment No. LC2011 -004; and c) introduce Ordinance No. 2012 -9
approving Code Amendment No. CA2011 -0011, and pass to a second reading on
February 28, 2012.
XVII. CONTINUED BUSINESS
17. CONSIDERATION TO FURTHER PURSUE STREET RELINQUISHMENT OF PORTIONS OF
NEWPORT BOULEVARD AND /OR WEST COAST HIGHWAY FROM THE STATE OF
CALIFORNIA, DEPARTMENT OF TRANSPORTATION. a) Staff recommends that the City
continue to pursue and negotiate taking over the ownership and operation of Newport
Boulevard from Finley Avenue to the Newport Channel Bridge Deck through the relinquishment
process; and b) staff recommends that the City stop or postpone and further relinquishment
efforts on West Coast Highway from the Santa Ana River to Jamboree Road.
18. FIRST READING - CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 11.04 OF
THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RULES AND REGULATIONS
FOR PARKS, PARK FACILITIES AND BEACHES AND REPEALING SECTION 11.08.080
PERTAINING TO SMOKING ON CITY BEACHES, MUNICIPAL PIERS, PUBLIC FLOATS
AND PUBLIC WHARVES. Introduce Ordinance No. 2012 -6, amending Chapter 11.04 of Title
11 of the Newport Beach Municipal Code pertaining to rules and regulations for parks, park
facilities and beaches, and repealing Section 11.08.080 pertaining to smoking on City beaches;
waive further reading and pass to second reading on February 28, 2012.
XVIII. CURRENT BUSINESS
19. SANTA BARBARA CONDOMINIUMS: AFFORDABLE HOUSING IMPLEMENTATION PLAN
AND MEMORANDUM OF AGREEMENT - 900 NEWPORT CENTER DRIVE (PA2012 -012).
Adopt Resolution No. 2012 -19 to approve: 1) an amendment to an Affordable Housing
Implementation Plan for the Santa Barbara Condominium Project; 2) a Memorandum of
Agreement between the City of Newport Beach and New Home Company Southern California,
LLC; 3) a waiver of a requirement for a development agreement; and 4) rescinding Resolution
No. 2007 -58.
20. CITY COUNCIL PRIORITIES FOR 2012. a) Offer further direction to staff regarding City
Council priorities for 2012, as well as those projects or efforts that need to be deferred; and
b) receive and file the finalized listing of City Council priorities for 2012.
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 Dolores Otting