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HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JANUARY 8, 2013 CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE CLOSED SESSION - 4:30 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 ,i w 1- 1 I AA 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 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 OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE JANUARY 8, 2013 Closed Session - 4:30 p.m. Regular Meeting - 7:00 p.m. STUDY SESSION — Cancelled II. ROLL CALL — 4:30 p.m. III. PUBLIC COMMENTS Public comments are invited on Closed Session Agenda items, as reflected in Item IV - 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. IV. CLOSED SESSION — 4:30 p.m. A. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS — (Government Code § 54956.8): Property Locations and Owners: 1. APN- 047 - 060 -12: CATELLUS NEWPORT LLC 2. APN- 423 - 102 -03: LIDO PACIFIC LLC 3. APN- 423 - 382 -05: LIDO PACIFIC LLC 4. APN- 423 - 102 -02: KWON 5. APN- 423 - 102 -01: PORT PROPERTIES INC. 6. APN- 423 - 101 -05: WORLD OIL CO. 7. APN- 423 - 101 -04: STEVEN J. FLANDERS 8. APN- 423 - 101 -03: NEWPORT LIDO LLC 9. APN- 423 - 101 -18: BELL PAC 10. APN- 423- 101 -21: CITY OF NEWPORT BEACH Agency negotiator: Pat Thomas, Deputy Public Works Director Instruction to negotiator will concern price and terms of payment. B. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code § 54956.9(a)): 1. Morningside Recovery, LLC, at at v City of Newport Beach Orange County Superior Court Case No. 30- 2011 - 00505900- CU- WM -CJC 2. Arnie Pike, at al v City of Newport Beach United States District Court, Case No. CV -08 -8580 DSF (RNBx) 3. Sandy Wedgeworth, et at v City of Newport Beach, et at Orange County Superior Court Case No. 30- 2011 - 00493787 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. C. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (Government Code § 54957): 1. Title: Dave Kiff, City Manager 2. Title: Aaron C. Harp, City Attorney 3. Title: Leilani I. Brown, City Clerk D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City Manager /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 XI. PRESENTATIONS 2012 Junior Lifeguard of the Year, Mackenzie Gaddis Orange County Grand Jury Recruitment Presentation 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 XIV. 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. 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 NOVEMBER 27, 2012 REGULAR MEETING; NOVEMBER 28, 2012 SPECIAL MEETING; DECEMBER 11, 2012 SPECIAL MEETING; AND DECEMBER 11, 2012 REGULAR MEETING. 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. ORDINANCE FOR ADOPTION 3. EMERSON ISLAND ANNEXATION LOCATED AT THE NORTHEAST CORNER OF TUSTIN AVENUE AND EMERSON STREET (PA2012 -034). Conduct second reading and adopt Ordinance No. 2012 -23 approving Zoning Code Amendment No. CA2012- 002. C. RESOLUTIONS FOR ADOPTION !l :7 Y�A111[] �111��L\ IIRCi1: 1:mg69 IRS] 0y* 1[ HI /_\I:1 *M163ZIP41191 UNDER THE CITY'S CONFLICT OF INTEREST CODE. Adopt Resolution No. 2013 -1 adopting the 2013 Designated Employees List. 5. AMENDMENTS TO CITY COUNCIL POLICY A -6 (OPEN MEETING POLICIES) AND CITY COUNCIL POLICY A -10 (PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS). Adopt Resolution No. 2013 -2 amending City Council Policy A -6 (Open Meeting Policies) and City Council Policy A -10 (Procedural Rules for the Conduct of City Council Meetings). D. CONTRACTS AND AGREEMENTS 6. PENINSULA POINT ALLEY REPLACEMENT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4627. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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. MISCELLANEOUS PAVING REPAIR — BRISTOL STREET SOUTH, NEWPORT COAST DRIVE AND JAMBOREE ROAD AT COAST HIGHWAY SOUTH — NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4882. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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. 8. CENTRAL BALBOA AND NEWPORT HEIGHTS ALLEY AND STREET REPLACEMENT — AWARD OF CONTRACT NO. 4945. a) Approve the project drawings and specifications; b) award Contract No. 4945 to NOBEST, Inc., (NOBEST) for the total bid price of $1,320,000.00, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $198,000.00 (15 %) to cover the cost of unforeseen work and anticipated additional curb and gutter not included in the original contract. 9. APPROVAL OF AMENDMENT NO. 1 TO ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH GMU GEOTECHNICAL, INC. AND HARRINGTON GEOTECHNICAL ENGINEERING, INC. a) Approve Amendment No. 1 to the December 2, 2011, On -Call Professional Services Agreement with the GMU, to increase the contract limit to $250,000 for continuing on -call geotechnical and material testing services, and authorize the Mayor and City Clerk to execute the amendment; and b) approve Amendment No. 1 to the December 16, 2011, On -Call Professional Services Agreement with Harrington to increase the contract limit to $250,000 for continuing on -call geotechnical and material testing services and authorize the Mayor and City Clerk to execute the amendment. 10. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DMS CONSULTANTS, INC. FOR THE DESIGN OF A STORAGE BUILDING AT THE BIG CANYON RESERVOIR. Approve a Professional Services Agreement (PSA) with DMS Consultants, Inc. of Garden Grove at a cost not to exceed $136,770.00, and authorize the Mayor and City Clerk to execute the Agreement. E. MISCELLANEOUS 11. PLANNING COMMISSION AGENDA AND /OR AGENDA REPORTS FOR DECEMBER 6, 2012; DECEMBER 20, 2012; AND JANUARY 3, 2013. Receive and file. ff'�_\91�]I�Y1d�l��Ib'�: ifs: Ii�4/_\[ �l: i��i1: 1�Kfl11Ryl�Ly111'�i��6'i_1�i:PZy COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. Confirm the appointments outlined in the staff report. TECHNOLOGY EQUIPMENT ON FIRE DEPARTMENT RESPONSE VEHICLES. Approve Budget Amendment No. 13BA -025 appropriating $192,302.90 in the Equipment Replacement, Internal Services Fund, account number 6120 -9110, for the purpose of replacing Mobile Data Computers and new technology equipment on Fire Department response vehicles. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XV. ITEMS REMOVED FROM THE CONSENT CALENDAR XVI. 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. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVIII. PUBLIC HEARING 14. UPTOWN NEWPORT PROJECT: NOTICE OF INTENT TO OVERRULE THE AIRPORT LAND USE COMMISSION'S DETERMINATION OF INCONSISTENCY FOR THE UPTOWN NEWPORT PROJECT AT 4311 -4321 JAMBOREE ROAD. a) Conduct public hearing; and b) adopt Resolution No. 2013 -3 notifying the Orange County Airport Land Use Commission and the State Division of Aeronautics of the City's intention to overrule the Airport Land Use Commission's determination that the proposed Uptown Newport mixed -use residential planned community is inconsistent with the Airport Environs Land Use Plan for the John Wayne Airport, and finding the adopting of the Resolution is not subject to California Environmental Quality Act (CEQA). [continued from the December 11, 2012 City Council meeting] XIX. XX. XXI. CONTINUED BUSINESS 15. CORONA DEL MAR LANE MERGE RELOCATION TRIAL — TRAFFIC ANALYSIS. a) Conduct discussion of the Traffic analysis report associated with the trial lane merge relocation on East Coast Highway at MacArthur Boulevard per the October 23, 2012 staff report; and b) find that the vehicular traffic congestion during the test period did increase at various times as a result of moving the lane merge further to the west and recommend one of the following actions: 1) reject the Entryway Concept Plan as proposed due to its negative impacts to traffic circulation and direct that East Coast Highway be left in its original configuration; 2) reject the Entryway Concept Plan as proposed due to its negative impacts to traffic circulation and direct staff to explore modifying the current proposed Concept Plan to remove just the existing on- street parking area between Begonia Avenue and Carnation Avenue to accommodate additional parkway landscaping and sidewalk between Acacia Avenue and Carnation Avenue; or 3) provide staff with alternative direction with regard to the proposed Entryway Concept Plan. [continued from the October 23 and November 13, 2012 City Council meetings] CURRENT BUSINESS 16. ADOPT RESOLUTION NO. 2013 -4 AMENDING THE INDENTURE FOR THE CITY'S HOAG MEMORIAL HOSPITAL PRESBYTERIAN REVENUE BONDS, SERIES 2009B, C, D, AND E. Adopt Resolution No. 2013 -4 authorizing amendments to the bond indenture for the City of Newport Beach Revenue bonds (Hoag Memorial Hospital Presbyterian), Series 2009B, C, D, and E. 17. REUSE OF EXISTING CITY HALL PROPERTY (PA2012 -176) - REQUEST FOR QUALIFICATIONS NO. 13 -16 - 3300 NEWPORT BOULEVARD AND 475 32ND STREET. Direct staff to prepare a Request for Proposals for either a residential /commercial mixed -use project or hotel project, and invite the following entities to submit a proposal: Boutique Hotel Concept Residential Mixed -Use Concept Pacific Hospital Group AMLI Residential Partners RD Olson Development Archstone Sonnenblick Development Company The Shopoff Group 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 — In memory of George Koehler, Brian Gray, Buddy Belshe, and Walter Charamza