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Home My WebLink About00 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JULY 9, 2013 CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE CLOSED SESSION - 6:00 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 located at 100 Civic Center Drive, Bay E, 2nd 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 .qov /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 citvclerk(a)newportbeachca. qov). PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE JULY 9, 2013 CLOSED SESSION - 6:00 P.M. REGULAR MEETING - 7:00 P.M. I. STUDY SESSION — Cancelled II. ROLL CALL - 6:00 p.m. III. PUBLIC COMMENTS REGARDING CLOSED SESSION Public comments are invited on Closed Session items only. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. IV. CLOSED SESSION - 6:00 p.m. A. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(2)): Appeal of Harbor Resources Manager's denial of a commercial pier permit transfer application for 508 South Bay Front Avenue, Newport Beach, California. B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Heading 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); and 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 - Melinda Blackman, Harbor Christian Church XI. PRESENTATION Presentation of $255,000 Check from the Friends of the Library it Testimony given before the City Council is recorded. The time will turn yellow when the speaker has one minute left. The time 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, 2nd Floor, during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeachca.gov. 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. 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. XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Public comments are invited on CONSENT CALENDAR (Items 1 - 12). 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. XV. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES MINUTES FOR THE JUNE 25, 2013 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. RESOLUTIONS FOR ADOPTION 3. AMENDMENT OF THE BALBOA VILLAGE ADVISORY COMMITTEE MEMBERSHIP. a) Adopt Resolution No. 2013 -58, A Resolution of the City of Newport Beach Amending Membership of the Balboa Village Advisory Committee, to replace the "Balboa Village Business Improvement District Board Member" with a 'Balboa Village Merchant Association Board Member; b) waive Council Policy A -2 (Board, Commission and Committee Appointments); and c) appoint Ralph Rodheim to fill the Balboa Village Merchant Association Board Member seat. 4. AMENDMENT OF THE GENERAL PLAN/LOCAL COASTAL PROGRAM IMPLEMENTATION COMMITTEE MEMBERSHIP. a) Adopt Resolution No. 2013 -59, A Resolution of the City of Newport Beach Amending the General Plan /Local Coastal Program Implementation Committee, to add an At -Large Member; b) waive Council Policy A -2 (Board, Commission and Committee Appointments); and c) appoint former Planning Commission Chair Michael Toerge as the At -Large Member to the General Plan /Local Coastal Program Implementation Committee. 5. ADOPT RESOLUTION NO. 2013 -60 FOR INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENT'S CALIFORNIA HERO PROGRAM. Adopt Resolution No. 2013 -60 approving an amendment to the Western Riverside Council of Governments Joint Powers Agreement to add the City of Newport Beach as an Associate Member in order to authorize the City's participation in the California HERO Program. C. CONTRACTS AND AGREEMENTS 6. AGREEMENT BETWEEN SOUTHERN CALIFORNIA EDISON AND THE CITY OF NEWPORT BEACH FOR ENERGY EFFICIENCY DEMONSTRATION AND PERFORMANCE EVALUATION. a) Authorize the Mayor to execute the Agreement between Southern California Edison and the City of Newport Beach for Energy Efficiency Demonstration and Performance Evaluation ( "Agreement "); and b) authorize the City staff to execute the work as described in the Agreement. 7. AMENDMENT NO. 1 WITH ANCHOR QEA, L.P., FOR CONSULTANT SERVICES TO PROVIDE NECESSARY WATER QUALITY AND FIELD MANAGEMENT SERVICES FOR THE LOWER BAY DREDGING PROJECT. Approve and execute Amendment No. 1 with Anchor QEA for required water quality and field management services for Phase II of the Lower Bay Dredging Project. 8. AMENDED AND RESTATED COOPERATIVE AGREEMENT WITH THE FRIENDS OF OASIS. Approve and authorize the Mayor and City Clerk to execute the Amended and Restated Cooperative Agreement between the City and the Friends of OASIS. 9. APPROVAL OF AMENDMENT NO. 5 TO WEST COAST ARBORISTS, INC. FOR TREE MAINTENANCE SERVICES. Approve Amendment No. 5 to the contract agreement with West Coast Arborists, Inc. for tree trimming services at a not to exceed price of $1,280,000, and authorize the Mayor and City Clerk to execute the amendment. D. MISCELLANEOUS 10. REQUEST TO INSTALL PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT -OF- WAY AT 500 EL MODENA AVENUE. a) Waive City Council Policy L -6 (Private Encroachments in the Public Rights -of -Way, to allow a white picket fence with pilasters to encroach up to 7 feet into the El Modena Avenue and Clay Street rights -of -way, contingent upon all conditions of the encroachment Permit process being met; and b) direct staff to revise the existing Encroachment Agreement (O.R. 2011000431826), which currently allows for decorative pavers in the El Modena Avenue right -of -way, to include the new proposed improvements, and authorize the City Manager and City Clerk to execute the revised Encroachment Agreement. 11. REQUEST TO INSTALL PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT -OF- WAY AT 303 DRIFTWOOD ROAD. a) Waive City Council Policy L -6 (Private Encroachments in the Public Rights -of -Way, to allow for an 18 -inch block wall to encroach up to 3 -feet into the Seaward Road right -of -way, contingent upon all conditions of the encroachment Permit process being met; and b) direct staff to prepare an Encroachment Agreement for the proposed private improvements within the Seaward Road right -of -way, and authorize the City Manager and City Clerk to execute the Encroachment Agreement. 12. ACCEPTANCE OF FUNDS FROM THE CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS. a) Acknowledge that the funds were received and posted as Fiscal Year 2012 -13 revenues in account #1820 -486F; and b) approve Budget Amendment No. 14BA -001 appropriating Local Assistance law enforcement funds from the California Board of State and Community Corrections (BSCC) in the amount of $41,048.20 from front- line law enforcement services by increasing expenditure appropriates for Fiscal Year 2013 -14 in account #1830 -7041. 3 ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR XVII. 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. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIX. XX. XXI. CURRENT BUSINESS 13. REUSE OF FORMER CITY HALL COMPLEX — 3300 NEWPORT BOULEVARD AND 475 32ND STREET: 1) REQUEST FOR PROPOSALS NO. 13 -35 (PA2012 -176); 2) CITY HALL COMPLEX REUSE PROJECT AMENDMENTS (PA2012 -031) — GENERAL PLAN AMENDMENT NO. GP2012 -002, COASTAL LAND USE PLAN AMENDMENT NO. LC2012 -001, AND ZONING CODE AMENDMENT NO. 2012 -003; AND 3) RESOLUTION NO. 2013 -61 FORMING AN AD HOC COMMITTEE TO NEGOTIATE AN AGREEMENT WITH THE PREFERRED PROPOSER FOR THE RE -USE OF THE CITY HALL SITE. a) Hear presentations from staff and each development team (if the teams wish to make presentations); b) receive public comment; c) select one of the following development teams to negotiate lease terms: Shopoff Group, Sonnenblick Development, or RD Olson Development (After an analysis of all the proposals, the City staff's recommendation is that the Council select RD Olson Development as the proposer with whom the Council should enter into negotiations); d) adopt Resolution No. 2013 -61, A Resolution of the City Council of the City of Newport Beach Establishing an Ad Hoc Committee to Negotiate the Re -Use of the City Hall Site, and confirming the Mayor's appointment of two (2) Council Members to the Committee; and e) direct staff to modify the pending amendments to the General Plan Land Use Element, Coastal Land Use Plan, and Zoning Code for consistency with City Council's selection of a development team and take all necessary steps to complete the processing of the amendments as the project components are refined. 14. DIRECTION TO STAFF PER COUNCIL POLICY A -6 — MARINER'S MILE. Should the City staff return to the City Council with an agenda item regarding the "Mariner's Mile" area of the community (specifically, West Coast Highway west of Dover Drive and east of Newport Boulevard), including "the future of West Coast Highway" and the "future revitalization of Mariner's Mile, specifically: a) Current ownership of highway though Mariners Mile; b) OCTA's role in highway planning there; c) City's role in planning and maintenance of West Coast Highway through Mariner's Mile; and d) Existing and future traffic forecasts to show current and future loads of traffic. 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. ADJOURNMENT