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Home My WebLink About00 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, FEBRUARY 11, 2014 CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE CLOSED SESSION - 5:15 P.M. REGULAR MEETING - 7:00 P.M. RUSH N. HILL, II Mayor EDWARD D. SELICH MICHAEL F. HENN Mayor Pro Tern G W P® Council Member TONY PETROS �) . LESLIE DAIGLE Council Member Council Member NANCY GARDNER i ' KEITH D. CURRY Council Member, ,h,: 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 .gov /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 cityclerk (a)newportbeachca.gov). PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE FEBRUARY 11, 2014 CLOSED SESSION - 5:15 P.M. REGULAR MEETING - 7:00 P.M. STUDY SESSION — Cancelled II. ROLL CALL — 5:15 p.m. III. PUBLIC COMMENTS REGARDING CLOSED SESSION The City Council will meet in Closed Session to discuss the agenda items and issues listed in Item IV (Closed Session). Prior to entering Closed Session, the City Council welcomes public comments on these items and issues. Public comments are generally limited to three (3) minutes per person for all closed session agenda items. IV. CLOSED SESSION — 5:15 p.m. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Banning Ranch Conservancy v. City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2012 - 00593557- CU- WM -CXC B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) and (e)(1)): 1 matter C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION — Initiation of Litigation (Government Code § 54956.9(d)(4)): 1 matter D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 3 matters Property: 883 West 15`h Street, Newport Beach 92663; APN: 424 - 011 -37 Agency negotiator: Dave Kiff Negotiating parties: David Bahnsen, Vice President, Board of Directors, Pacifica Christian High School of Orange County Under negotiation: Instruction to negotiator regarding price and terms of payment. 2. Property: 3300 Newport Boulevard, Newport Beach (Old City Hall) Agency negotiators: Mayor Rush N. Hill, II, and Mayor Pro Tern Ed Selich Negotiating parties: RD Olson Under negotiation: Instruction to negotiator regarding price and terms of payment. Testimony given before the City Council is recorded. The timing light will turn yellow when the speaker has one minute left. The timing light 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, 2"" Floor, during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeachca.gov. LTA LTA VII. VIII. IX. X. XI. XII. XIII. 3. Properties: 1499 Monrovia, Newport Beach, 92663; APN: 424 - 401 -14 883 West 15`h Street, Newport Beach 92663; APN: 424 - 011 -37 Agency negotiator: Dave Kiff Negotiating parties: Carter Harrington and Doug Killian, Voit Real Estate Services representing 206 Marine Avenue, LLC Under negotiation: Instruction to negotiator regarding price and terms of payment. E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957) Title: Leilani Brown, City Clerk CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City Manager; 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); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employee Association (NBPTEA); and Part -Time Employee Association of Newport Beach (PTEANB). RECESS RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE INVOCATION — Pastor John Thomas, Mariners Church PRESENTATIONS - None 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. 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— 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 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 JANUARY 13, 2014 AND JANUARY 25, 2014 SPECIAL MEETINGS; AND THE JANUARY 28, 2014 STUDY SESSION AND 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 City Clerk to read by title only. B. ORDINANCE FOR ADOPTION 3. ADOPTION OF ORDINANCE NO. 2014 -2 RELATING TO BEACH FIRE RINGS. Conduct second reading and adopt Ordinance No. 2014 -2, An Ordinance of the City Council of the City of Newport Beach, California Adding Section 11.08.060 to Chapter 11.08 of the Newport Beach Municipal Code Relating to Beach Fire Rings. C. RESOLUTION FOR ADOPTION 4. ADOPT A RESOLUTION FOR STREET SWEEPING PARKING RESTRICTIONS ON DOMINGO DRIVE AND AMIGOS WAY. a) Rescind Resolution No. 2012 -21; and b) adopt Resolution No. 2014 -8 , A Resolution of the City Council of the City of Newport Beach Establishing "No Parking" Restrictions on Designated Streets on Specific Days and Times, on Domingo Drive and Amigos Way, to Improve Street Sweeping Effectiveness, and Rescinding Resolution No. 2012 -21. 61lz1 *1011111 Is] 01111111 k,I SAW1 111C 15-* 0 *AU :I4*112[�'llI9243 A 111111111101:ii112. 1 =9:l 1!61 Is] II REFORM ACT OF 2014 ". a) Adopt Resolution No. 2014 -9, A Resolution of the City Council of the City of Newport Beach, California Expressing Support for `The Pension Reform Act of 2014 ". 6. RESOLUTION NO. 2014 -15 — EXPRESSING SUPPORT FOR PROPOSITION 13 AND OPPOSITION TO A SPLIT ROLL. Adopt Resolution No. 2014 -15, A Resolution of the City Council of the City of Newport Beach, California Expressing Support for Proposition 13 and Opposition to a Split Roll Property Tax Apportionment, so that commercial properties are re- assessed differently than residential properties. D. CONTRACTS AND AGREEMENTS APPROVE AGREEMENT FOR GREASE CONTROL INSPECTION DEVICE PROGRAM WITH JON KINLEY DBA ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES. Approve the agreement with Environmental Compliance Inspection Services for grease control inspection device program for a five year term, and authorize the Mayor and City Clerk to execute the agreement. 8. PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC FIRE ENGINEERING INC. a) Approve the Professional Services Agreement with Pacific Fire Engineering Inc. for fire and life safety plan review services at a not -to- exceed $436,930 contract, and authorize the Mayor and City Clerk to execute the Agreement; and b) authorize Budget Amendment 14BA -030 to transfer $22,375 from the General Fund unappropriated fund balance, account 010 -3605 to Life Safety Services (LSS) account 2330 -8088 to fund the contract during the current fiscal year. 9. APPROVE AMENDMENT NO. TWO TO AGREEMENT FOR TEMPORARY LABORER SERVICES WITH ADVANCED RESOURCES, LLC. Approve Amendment No. Two to the Agreement with Advanced Resources, LLC for temporary laborer services, and authorize the Mayor and City Clerk to execute the agreement. E. MISCELLANEOUS 10. PLANNING COMMISSION AGENDA FOR FEBRUARY 6, 2014. Receive and file. 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 11. BACK BAY LANDING (PA2011 -216). a) Conduct a public hearing; and b) adopt Resolution No. 2014 -10, A Resolution of the City Council of the City of Newport Beach Certifying Final Environmental Impact Report No. ER2012 -003 in Accordance with the California Environmental Quality Act (CEQA) and State and Local Guidelines for the Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highway (PA2011 -216) (SCH #2012101003); c) adopt Resolution No. 2014 -11, A Resolution of the City Council of the City of Newport Beach Approving General Plan Amendment No. GP2011 -011 for the Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highway (PA2011 -216); d) adopt Resolution No. 2014 -12, A Resolution of the City Council of the City of Newport Beach Approving Coastal Land Use Plan Amendment No. LC2011 -007 for the Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highway (PA2011 -216); e) introduce Ordinance No. 2014 -3, An Ordinance of the City Council of the City of Newport Beach Approving Code Amendment No. CA2013 -009 for the Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highway (PA2011 -216), and pass to second reading for adoption on February 25, 2014; f) introduce Ordinance No. 2014 -4, An Ordinance of the City 4 Council of the City of Newport Beach Approving Planned Community Development Plan Adoption No. PC2011 -001 for the Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highway (PA2011 -216), and pass to second reading for adoption on February 25, 2014; g) adopt Resolution No. 2014 -13, A Resolution of the City Council of the City of Newport Beach Approving Traffic Study No. TS2012 -003 for the Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highway (PA2011 -216); and h) adopt Resolution No. 2014 -14, A Resolution of the City Council of the City of Newport Beach Approving Lot Line Adjustment No. LA2011 -003 for the Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highway (PA2011 -216). XX. CURRENT BUSINESS 1:1:11 12. INITIATION OF AMENDMENTS TO THE MUNICIPAL CODE TO ESTABLISH THE BALBOA VILLAGE PARKING MANAGEMENT PLAN AND OVERLAY DISTRICT AND A RESIDENT PREFERENTIAL PARKING PROGRAM FOR STREETS BETWEEN 7TH STREET AND ADAMS STREET (PA2014 -016). a) Find this action is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15262 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; b) initiate amendments to Title 12 and Title 20 to establish the Balboa Village Parking Management Plan and Overlay District; and c) initiate an amendment to Title 12 to establish a Resident Preferential Parking Program (RP3) for Streets between 7th Street and Adams Street. 13. TUSTIN AVENUE SPEED LIMIT — SANTIAGO DRIVE TO 23RD STREET. a) Maintain the existing posted speed limit of 30 mph for Tustin Avenue between Santiago Drive and 23`d Street per the requirements of Caltrans Policy Directive 09 -04, the Manual on Uniform Traffic Control Devices (MUTCD) and the Vehicle Code for setting speed limits; OR b) direct staff to begin the process with Caltrans for a functional classification change of Tustin Avenue between Santiago Drive and 23rd Street from "collector' street status to "local" street status on the California Road System (CRS) maps. Should the Federal Highway Administration (FHWA) approve the classification change, direct staff to post the speed limit on Tustin Avenue at 25 mph; OR c) provide specific alternative direction to staff with regard to this segment of Tustin Avenue. iC�9Y�(K�111: [ yI�J: 7[ �7: 7Y11�' 777: 3' ��S C�K�]:Ylhlll��:�2.aPl�TiT.HI[� 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 5