HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
REGULAR CITY COUNCIL MEETING
TUESDAY, JULY 24, 2012
COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD
REGULAR MEETING - 7:00 P.M.
NANCY GARDNER
Mayor
KEITH D. CURRY
Mayor Pro Tern � A
STEVEN ROSANSKY
Council Member `�
LESLIE J. DAIGLE �` wil I
Council Member
NOTICE TO THE PUBLIC
o�
MICHAEL F. HENN
Council Member
RUSH N. HILL, II
AA
Council Member
-A EDWARD D. SELICH
Council Member
DAVE KIFF - City Manager
AARON HARP - City Attorney
LEILANI BROWN - City Clerk ~
DANA SMITH - Assistant City Manager
STEPHEN BADUM - Public Works Director
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
CITY COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD
JULY 24, 2012
Regular Meeting
7:00 p.m.
I. STUDY SESSION — 4:30 p.m.
ll. CLOSED SESSION — After Study Session - Council Chambers Conference Room
A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6):
Agency Designated Representative: 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); Newport Beach Professional and Technical Association (NBPTEA)
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 — Pastor Bob Brogger, Mariner's Church
IX. PRESENTATION - 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 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.
Xl. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE
PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION
ITEM)
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.
XII. CONSENT CALENDAR
All matters listed under CONSENT CALENDAR (1 - 14) 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 JULY 10, 2012 STUDY SESSION AND 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. RESOLUTION FOR ADOPTION
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3. REMOVAL OF PARKING RESTRICTIONS ON BALBOA BOULEVARD BETWEEN
15TH STREET AND 19TH STREET. a) Rescind Resolution 95 -121, and b) adopt
Resolution No. 2012 -61 removin existing parking restrictions on the northerly side of
Balboa Boulevard, between 15 Street and 19'" Street, between 9:00 a.m. and
6:00 p.m. on Saturdays and Sundays, between May 15 and September 15, Memorial
Day, July 4, and Labor Day.
4. MUNICIPAL CODE AMENDMENT TO EXEMPT COMPLIMENTARY HOTEL ROOMS
FROM TRANSIENT OCCUPANCY TAX AND VISITOR'S SERVICE FEE AND
GENERAL TERMINOLOGY CLEAN UP. Introduce Ordinance No. 2012 -18 amending
NBMC Sections 3.16.040 and 3.28.035 to exempt complimentary hotel rooms from TOT
and VSF, and amending Sections 3.16.020, 3.16.030, 3.16.040, 3.16.050, 3.16.060,
3.16.070, 3.16.075, 3.16.085, 3.16.090, 3.16.110, 3.16.120, 3.16.140, 3.28.010,
3.28.035, 3.28.050, 3.28.055, 3.28.060, 3.28.070 and 3.28.085 to reflect the
terminology change from "Administrative Services Director" to "Finance Director."
D. ORDINANCES FOR ADOPTION
5. AN ORDINANCE ADOPTING AFFORDABLE HOUSING AMENDMENT FOR
NEWPORT PLACE PLANNED COMMUNITY LOCATED WITHIN THE AREA
BOUNDED BY MACARTHUR BOULEVARD, JAMBOREE ROAD, BIRCH STREET,
AND BRISTOL STREET NORTH (PA2011 -215). Conduct a second reading and adopt
Ordinance No. 2012 -14 approving Planned Community Development Plan Amendment
No. PD2012 -005 and finding that all significant environmental concerns for the
proposed Amendment have been addressed in a previously adopted negative
declaration for the Newport Beach 2008 -2014 Housing Element Update
(SCH No. 2011091088).
6. SECOND READING — ORDINANCE 2012 -15 DESIGNATING VERY HIGH FIRE
HAZARD SEVERITY ZONE IN THE CITY OF NEWPORT BEACH. Conduct second
reading and adopt Ordinance No. 2012 -15 designating VHFHSZ within the City of
Newport Beach.
E. CONTRACTS AND AGREEMENTS
7. CONTINUOUS DEFLECTIVE SEPARATION (CDS) UNIT MAINTENANCE
AGREEMENT WITH CALTRANS. Approve the Maintenance Agreement with the State
of California for the cleaning and maintenance of the CDS unit within the Caltrans
right -of -way.
8. AMENDMENT NO. 1 TO LIDO ISLE BAYFRONT LETTERED LOT LEASE WITH
LIDO ISLE COMMUNITY ASSOCIATION. a) Waive City Council Policy F -Ts
requirement for an appraisal or similar analysis for Parcel C, because the City of
Newport Beach will receive in -kind services under the lease; and b) authorize the Mayor
to execute the Amendment No. 1 to the Lido Isle Bayfront Lettered Lot Lease on behalf
of the City.
9. COOPERATIVE AGREEMENT WITH THE COUNTY FOR THE FUNDING OF
MAINTENANCE DREDGING IN LOWER NEWPORT BAY. Approve the County
Cooperative Agreement for funding the County Tidelands portion of the Lower Bay
Dredging Project, and authorize the Mayor and City Clerk to sign the Agreement.
10. AMERICANS WITH DISABILITIES ACT TRANSITION PLAN — APPROVAL OF
AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT WITH
DISABILITY ACCESS CONSULTANTS FOR TRANSITION PLAN UPDATE.
a) Approve the Amended and Restated Professional Services Agreement with Disability
Access Consultants of Las Vegas, Nevada, for completing the City's ADA Transition
Plan Update for an additional $24,120, and raise the total not -to- exceed contract price
to $139,020, and authorize the Mayor and the City Clerk to execute the Amended and
Restated Agreement; and b) approve Budget Amendment No. 13BA -005 transferring
$24,120 from Account No. 7161- C2001009 [Sidewalk, Curb, and Gutter Replacement
and ADA Improvements — Community Development Block Grant (CDBG) fund] to
Account No. 7161- C8002030 (ADA Transition Plan) for the needed additional services.
11. BUILDING INSPECTION AND PLAN REVIEW SERVICES — APPROVAL OF
AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT WITH VCA
CODE GROUP. Approve the Amended and Restated Professional Services Agreement
with VCA Code Group for contract professional services for an amount not to exceed
$300,000
F. MISCELLANEOUS
12. PLANNING COMMISSION AGENDA FOR JULY 19, 2012. Receive and file.
13. PHASE II LOWER BAY DREDGING - FUNDING. a) Authorize the Mayor to execute an
amendment to the existing Corps Memorandum of Agreement relating to City financial
participation in the project; and b) approve Budget Amendment No. 13BA -004 that
appropriates $3,875,000 to Account No. 7241- C4402003 to dredge additional areas in
the project ($2,337,000 to be considered a loan from the General Fund to be
reimbursed over time from Tidelands revenues and $1,538,000 in revenues from the
County of Orange); and recognizing $1,538,000 in revenue from the County of Orange
for its share of costs for the Lower Bay Dredging Project.
14. LICENSE AGREEMENTS AUTHORIZATION FOR TEMPORARY USE OF LOWER
CASTAWAYS LOCATED AT 100 DOVER DRIVE. Authorize the Mayor and City Clerk
to execute two separate license agreements, one with the Bayshores Community
Association and the second with Mariner's Pointe, to allow temporary use of the City -
owned property. The agreements shall be in substantially the same form as the
attachments and shall be reviewed and approved as to form by the City Attorney's
Office prior to execution by the Mayor.
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 City 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
15. NORTH NEWPORT CENTER PLANNED COMMUNITY AMENDMENT WHICH INCLUDES
FASHION ISLAND, BLOCK 600, BLOCK 800 AND PORTIONS OF BLOCKS 100, 400, 500
AND SAN JOAQUIN PLAZA OF NEWPORT CENTER (PA2012 -020). a) Conduct a public
hearing; b) adopt Resolution No. 2012 -62 adopting Addendum No. 2 to the Program
Environmental Impact Report (SCH No. 2006011119) for the City of Newport Beach General
Plan 2006 Update and the Water Supply Assessment prepared for the project in compliance
with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City
Council Policy K -3; c) adopt Resolution No. 2012 -63 approving Transfer Development Intensity
No. TD2012 -002; d) introduce Ordinance No. 2012 -19 approving Planned Community
Development Plan Amendment No. PD2012 -001, and pass to second reading on August 14,
2012; e) adopt Resolution No. 2012 -64 approving Traffic Study No. TS2012 -004; f) adopt
Resolution No. 2012 -65 approving the proposed Amendment of the Affordable Housing
Implementation Plan; and g) introduce Ordinance No. 2012 -20 approving an Amendment to
Development Agreement No. DA2007 -002, and pass to second reading on August 14, 2012.
16. MARINA PARK COASTAL LAND USE PLAN AMENDMENT (PA2012 -079) — 1600 WEST
BALBOA BOULEVARD. a) Conduct a public hearing; and b) adopt Resolution No. 2012 -66
that: 1) finds the California Environmental Quality Act (CEQA) to be satisfied by the May 11,
2010, City Council certification of the Marina Park Project Environmental Impact Report (EIR)
(SCH #2008051096) in compliance with the California Environmental Quality Act (CEQA), the
State CEQA Guidelines, and City Council Policy K -3; and 2) approves Coastal Land Use Plan
No. LC2012 -002.
XVII. CURRENT BUSINESS
17. APPOINTMENT OF A NEW CITY ARTS COMMISSIONER TO SERVE UNTIL JUNE 30, 2013.
Appoint a person from the applicant list provided in the staff report to the City Arts Commission
to fill the unexpired balance of Robyn Grant's term which ends June 30, 2013.
18. NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION. Adopt the following resolutions
pertaining to the General Municipal Election scheduled for Tuesday, November 6, 2012,
pursuant to Section 1000 of the City Charter: a) adopt Resolution No. 2012 -67 calling and giving
notice of the holding of a General Municipal Election to be held on Tuesday, November 6, 2012,
for the election of members of the City Council as required by the provisions of the City Charter;
b) adopt Resolution No. 2012 -68 requesting the Board of Supervisors of the County of Orange
to consolidate a General Municipal Election to be held on Tuesday, November 6, 2012, with the
Statewide General Election to be held on the same date pursuant to Section 10403 of the
Elections Code (Council Candidates); c) adopt Resolution No. 2012 -69 adopting regulations for
candidates for elective office pertaining to Candidates Statements submitted to the voters at an
election to be held on Tuesday, November 6, 2012; d) adopt Resolution No. 2012 -70 calling and
giving notice of the holding of a General Municipal Election to be held on Tuesday,
November 6, 2012 for the submission of proposed Charter Amendments; e) adopt Resolution
No. 2012 -71 requesting the Board of Supervisors of the County of Orange to consolidate a
General Municipal Election to be held on Tuesday, November 6, 2012, with the statewide
General Election to be held on the same date pursuant to Section 10403 of the Elections Code
(Charter Amendments); f) after discussion, adopt Resolution No. 2012 -72 setting priorities for
filing written arguments regarding City Measures, and directing the City Attorney to prepare an
Impartial Analysis; and g) adopt Resolution No. 2012 -73 providing for the filing of rebuttal
arguments for a City Measure submitted to voters at the General Municipal Election to be held
on Tuesday, November 6, 2012 pursuant to California Elections Code Section 9285; and
2) designate a City Council Member or Members to draft a Direct Argument for the ballot
measure, and any rebuttal argument, if needed.
XVIII. 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.
XIX. ADJOURNMENT
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