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HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, MARCH 26, 2013 CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE 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 ")w I-"� I I �q 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 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. 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 citvclerkn-newportbeachca. gov). PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE REGULAR MEETING MARCH 26, 2013 - 7:00 p.m. I. STUDY SESSION — 3:30 p.m. II. CLOSED SESSION — After Study Session - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter 1. County of Orange v. Air California et. al. United States District Court Case No. CV 85 -1542 (TJH) (MCx). B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: Dave Kiff, City Manager 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. PRESENTATIONS Presentation from Jenny Conde regarding the Vest -A -Dog OC Chapter Presentation of National Walking Day Proclamation 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. 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 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. 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. PUBLIC COMMENTS ON CONSENT CALENDAR Public comments are invited on CONSENT CALENDAR items (1 - 10). 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 (1 — 10) 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 MARCH 12, 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. CONTRACTS AND AGREEMENTS 3. JAMBOREE ROAD IMPROVEMENTS — BRISTOL STREET NORTH TO FAIRCHILD ROAD — NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4071. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion with the Orange County Clerk Recorder's Office; 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; c) release the Faithful Performance Bond one year after this Council acceptance; and d) authorize the City Manager to execute Quitclaim Deeds to transfer three street easement deeds to the City of Irvine. 4. STORM DRAIN CDS UNIT CONSTRUCTION — NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4915. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion with the Orange County Clerk Recorder's Office; 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. 5. ENERGY LEADER PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA GAS COMPANY AND THE CITY OF NEWPORT BEACH. a) Authorize the City Manager to execute the "First Amendment to the Agreement to Jointly Deliver the 2010 -2012 Orange County Energy Leader Partnership Program "; b) authorize the City Manager to execute future Energy Leader Partnership Program agreements; and c) designate Iris Lee in the Public Works Department as the "Energy Champion" pursuant to the Energy Leader Partnership Agreement. 6. ENERGY LEADERSHIP PARTNERSHIP BETWEEN THE SOUTHERN CALIFORNIA EDISON COMPANY AND THE CITY OF NEWPORT BEACH. a) Authorize the City Manager to execute the "First Amendment to the Agreement to Jointly Deliver the 2010 -2012 Orange County Energy Leader Partnership Program "; and b) authorize the City Manager to execute future Energy Leader Partnership Program agreements. AMENDED AND RESTATED EMPLOYMENT AGREEMENT FOR CITY CLERK. Approve and authorize the Mayor and Deputy City Clerk to execute the Amended and Restated Employment Agreement for the City Clerk. 8. 2012 -2013 CITYWIDE SLURRY SEAL PROGRAM - AWARD OF CONTRACT NO. 5320. a) Approve the project drawings and specifications; b) award Contract No. 5320 to Roy Allan Slurry Seal Inc., for the Total Bid Price of $717,720.00, and authorize the Mayor and the City Clerk to execute the contract; c) establish a contingency amount of $36,000.00 (5 %) to cover the cost of unforeseen work not included in the original contract; and d) approve Budget Amendment No. 13BA- 036 transferring $173,741.00 from the Balboa Boulevard & Channel Road Pavement Reconstruction Project — Account No. 7013- C2002058 (General Fund) to Account No. 7013- C2001011 (Citywide Slurry Seal Program), C. MISCELLANEOUS 9. PLANNING COMMISSION AGENDA FOR MARCH 21. 2013. Receive and file. 10. STAND UP PADDLE BOARDING IN NEWPORT HARBOR — HARBOR COMMISSION UPDATE. Receive and file. 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 HEARINGS 11. CITY HALL COMPLEX REUSE AMENDMENTS: GENERAL PLAN AMENDMENT NO. GP2012 -002, COASTAL LAND USE PLAN AMENDMENT NO. LC2012 -001, AND ZONING CODE AMENDMENT NO. CA2012 -003 (PA2012 -031) — 3300 NEWPORT BOULEVARD AND 475 32ND STREET. a) Conduct public hearing; and b) adopt Resolution No. 2013 -27: A Resolution of the City Council of the City of Newport Beach Recommending Adopting a Mitigated Negative Declaration (SCH# 2012111074) for the City Hall Reuse Project Amendments Affecting a 4.26 Acre Property at 3300 Newport Boulevard and 475 32 "d Street (PA2012 -031), adopting the City Hall Reuse Project Initial Study /Mitigated Negative Declaration (SCH# 2012111074) including a Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act; c) adopt Resolution No. 2013 -28: A Resolution of the City Council of the City of Newport Beach Approving General Plan Amendment No. GP2012 -002 for the City Hall Reuse Project Affecting a 4.26 Acre Property at 3300 Newport Boulevard and 475 32nd Street (PA2012 -031); d) adopt Resolution No. 2013 -29: A Resolution of the City Council of the City of Newport Beach Approving Coastal Land Use Plan Amendment No. LC2012 -001 for the City Hall Reuse Project Affecting a 4.26 Acre Property at 3300 Newport Boulevard and 475 32nd Street (PA2012 -031); and e) introduce Ordinance No. 2013 -8: An Ordinance of the City Council of the City of Newport Beach Approving Zoning Code Amendment No. CA2012 -003 for the City Hall Reuse Project Affecting a 4.26 Acre Property at 3300 Newport Boulevard and 475 32nd Street (PA2012 -031), and pass on to a second reading on April 9, 2013. 12. MEDICAL OFFICE BUILDING USE PERMIT APPEAL — 441 OLD NEWPORT BOULEVARD — USE PERMIT NO. UP2011 -011 (PA2011 -056). a) Conduct public hearing; and b) staff recommends, and the applicant concurs, that the City Council direct the Planning Commission to review and take action on the application which has been revised to provide the minimum number of required parking spaces for the proposed medical office use pursuant to an off -site parking agreement with the adjacent property owner of 445 Old Newport Boulevard, pursuant to Zoning Code Section 20.40.100. 13. ANNUAL REVIEW OF THE PACIFIC VIEW MEMORIAL PARK DEVELOPMENT AGREEMENT (PA2009 -024) - 3500 PACIFIC VIEW DRIVE. a) Conduct public hearing; b) find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; c) find that this project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and d) receive and file the Annual Report of the Development Agreement for Pacific View Memorial Park. 14. ANNUAL REVIEW OF THE NORTH NEWPORT CENTER DEVELOPMENT AGREEMENT CONSISTING OF FASHION ISLAND, BLOCK 600, BLOCK 800, AND PORTIONS OF BLOCK 100, BLOCK 400, BLOCK 500, AND SAN JOAQUIN PLAZA (PA2009 -023). a) Conduct public hearing; b) find the review exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Class 21 — Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines; c) find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and d) receive and file the Annual Report of the Development Agreement for North Newport Center. XVIII. CURRENT BUSINESS 15. LOAN OF SCULPTURE TITLED "UPROOTED II" FOR CIVIC CENTER. a) Approve and authorize the Mayor to execute the Agreement for Loan and Display of Sculpture between the City of Newport Beach and Sarah A. Wilkinson; and b) designate the location for the placement and display of "Uprooted If' within the Civic Center area. 16. PROPOSED COUNCIL POLICY 1 -13: PUBLIC ARTS AND CULTURAL FACILITIES FUND. Adopt Council Policy 1 -13 relating to Public Arts and Cultural Facilities. 17. GENERAL PLAN ANNUAL STATUS REPORT INCLUDING HOUSING ELEMENT REPORT (PA2007 -195). a) Review and comment; and b) authorize submittal to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). 18. MEMORANDUM OF UNDERSTANDING (MOU): JOHN WAYNE AIRPORT (JWA). Authorize the Mayor and the City Clerk to execute the MOU regarding preparation of an Environmental Impact Report (EIR) for JWA. 4 19. MOBILITIE TELECOMMUNICATIONS PERMIT FOR FAUX EUCAPLYTUS TREE MONOPOLE LOCATED AT 2401 IRVINE AVENUE (PA2010 -073). a) Conduct telecom application review; and b) adopt Resolution No. 2013 -30, Approving Telecommunications Permit No. TP2010 -010 for a Telecommunications Facility Located at 2401 Irvine Avenue (PA2010 -073). Continued from the February 12, 2013, City Council meeting. 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.