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HomeMy WebLinkAbout0 - AgendaNEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD MARCH 27, 2012 Study Session - 3:00 p.m. ROLL CALL — 3:00 p.m. II. CURRENT BUSINESS CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. (3:00 P.M.) 2. REVIEW OF TELECOM ORDINANCE — CHAPTER 15.70 OF THE NEWPORT BEACH MUNICIPAL CODE (WIRELESS TELECOMMUNICATIONS FACILITIES). (3:10 P.M.) City staff has proposed an update and improvement of the City's Wireless Telecom Ordinance (first adopted in 2002), in part to reflect recent case law and in part to improve the public's ability to respond to pending facility permits. 3. CONCEPTS FOR (1) THE REUSE OF EXISTING CITY HALL PROPERTY AT 3300 NEWPORT BOULEVARD; AND (2) AREA CIRCULATION. (3:45 P.M.) City staff will present short- and longer -term use concepts for the current City Hall Site, as well as how the City -owned lot might be reconfigured to better accommodate various uses. We will also discuss how circulation in the neighborhood might be changed to improve traffic flow. Neither of these actions would formally adopt the uses or configurations — those actions would be taken later in concert with any required CECA action. 4. BALBOA MARINA EXPANSION AND OFFICE BUILDING. (4:15 P.M.) Harbor Resources staff and representatives of The Irvine Company will present updated water and land design concepts for the Balboa Marina (coastward of the Dover -PCH Bridge on the eastern side, near where the Ruben E Lee boat used to be). 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 Council. Speakers must limit comments to five (5) minutes on agenda items. The 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. x xx- xrxxxxx xx x�,: zx�x� z- xxxxxxx xxx�,: 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.newportbeachea.gov This meeting is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the agenda be posted at least 72 hours in advance of each meeting and that the public be allowed to comment on agenda items before the City Council and items not on the agenda but are within the subject matter jurisdiction of the City Council. The City Council may limit public comments to a reasonable amount of time, generally either three (3) or five (5) minutes per person. 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 (949- 644 -3005 or citvclerkC'newoortbeachca.eov). III. PUBLIC COMMENTS Public comments are invited on Closed Session Agenda items, as reflected in Item 1l - 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. ADJOURNMENT NEWPORT BEACH CITY COUNCIL AMENDED AGENDA REGULAR MEETING MARCH 27, 2012 IX. PRESENTATIONS — None XVII. CURRENT BUSINESS 10. APPOINTMENTS TO THE AVIATION COMMITTEE. a) Confirm Council Member Mike Henn's appointment of Kay Mortensen as the District 1 representative to the Aviation Committee and bring back the District 1 alternate representative appointment at a future meeting.; b) confirm Council Member Rush Hill's appointment of Bonnie O'Neil as the District 3 alternate representative to the Aviation Committee; c) confirm Council Member Leslie Daigle's appointment of as the District 4 alternate representative to the Aviation Committee. CITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, MARCH 27, 2012 COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD Regular Meeting - 7:00 p.m. NANCY GARDNER Mayor KEITH D. CURRY Mayor Pro Tern STEVEN ROSANSKY Council Member LESLIE J. DAIGLE Council Member MICHAEL F. HENN 4 Council Member RUSH N. HILL, II Council Member 4 A EDWARD D. SELICH Council Member DAVE KIFF - City Manager PIP 1 AARON HARP - City Attorney 1 LEILANI BROWN - City Clerk 6 DANA SMITH — Assistant City Manager A J 0 STEPHEN BADUM —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 & PAGERS OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD MARCH 27, 2012 Regular Meeting - 7:00 p.m. STUDY SESSION — 3:00 p.m. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): Two matters: 1. Arnie Pike, et al v City of Newport Beach United States District Court- Central Division Case No. CV -08 -8580 DSF (RNBx) 2. Kenneth Kaplan v City of Newport Beach Orange County Superior Court Case No. 30- 2011- 00531667 B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION Government Code § 54956.9(b)): 1 potential case 1"W9101 I19:1N:IZIN=&rA IN: I111xHe1SK0111k`67:1W_ VII[471:r_ \I:1N74I11[Ha74 9 Eel Z01Z111 /_\ IN] Z90104I11[He\I[*] II (Government Code § 54956.9(c)): 1 potential case D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): Property: 1700 West Balboa Boulevard Agency negotiator: Dave Kiff Negotiating parties: Girl Scouts of America Under negotiation: Instruction to negotiator will concern price and terms of payment E. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Agency Designated Representatives: Dave Kiff, City Manager; and Richard Kreisler, Special Counsel and Negotiator Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA); Police Employees' Association (PEA); City Employees Association (NBCEA); Newport Beach Professional & Technical Employees Association (NBPTEA); Newport Beach Employees League (NBEL); and Newport Beach Part-Time Unit (UPEC, Local 777) F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: City Manager 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. 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 Bradley Stienstra, Newport Harbor Lutheran Church IX. PRESENTATIONS Employee Recognition by the City Manager Proclamation for Relay for Life Proclamation Naming April Fair Housing Month 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. 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. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 6) 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 1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF MARCH 13, 2012. 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. ORDINANCES FOR ADOPTION 3. NEWPORT BEACH COUNTRY CLUB (PA2005 -140) - GOLF REALTY FUND - 1600 AND 1602 EAST COAST HIGHWAY. a) Conduct second reading and adopt Ordinance No. 2012 -2 approving Planned Community Development Plan Amendment No. PC2005 -002 to adopt the development standards for the development on the Tennis Club site; and b) conduct second reading and adopt Ordinance No. 2012 -3 approving Development Agreement No. DA2008 -001. C. CONTRACTS AND AGREEMENTS 4. BIG CANYON RESERVOIR FLOATING COVER REPLACEMENT — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH MWH GLOBAL FOR ENGINEERING DESIGN SERVICES AND BUDGET AMENDMENT. a) Approve a Professional Services Agreement with MWH Global of Irvine for the design and construction support services for the replacement of the Big Canyon Reservoir Floating Cover at a not to exceed fee of $294,706, and authorize the Mayor and City Clerk to execute the Agreement; and b) approve Budget Amendment No. 12BA -029 appropriating $130,000 from the unappropriated Water Enterprise Fund to Outside Counsel Account No. 5500 -8657 and $294,706 from the unappropriated Water Enterprise CIP Master Plan Fund to Big Canyon Reservoir Floating Cover Replacement CIP Account No. 7511- C6002011. D. MISCELLANEOUS 5. PLANNING COMMISSION AGENDA FOR MARCH 8, 2012. Receive and file. 6. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) ADVISORY BOARD CONFIRMATION. Confirm the appointment of Rita Stenlund to the Balboa Village BID Advisory Board. 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 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 BEACH COIN LAUNDROMAT AMENDMENTS (PA2011 -209) — AMENDMENTS TO CHANGE THE DESIGNATIONS OF THE SUBJECT PROPERTY FROM TWO -UNIT RESIDENTIAL (RT, RT -E, AND R -2) TO VISITOR SERVING COMMERCIAL (CV) LAND USE DESIGNATIONS. a) Conduct a public hearing; b) adopt Resolution No. 2012 -25 approving General Plan Amendment No. GP2011 -010 Local Coastal Plan Amendment No. LC2011 -006; and c) introduce Ordinance No. 2012 -10 approving Code Amendment No. CA2011 -013, and pass to second reading for adoption on April 10, 2012. 8. HEIGHT OF FENCES, HEDGES, WALLS AND RETAINING WALLS - CODE AMENDMENT NO. CA2012 -001 (PA2012 -018). a) Conduct a public hearing; and b) introduce Ordinance No. 2012 -11 adopting Code Amendment No. CA2012 -001, and pass to second reading for adoption on April 10, 2012. XVII. CURRENT BUSINESS 9. APPOINTMENT TO FILL THE VACANCY ON THE COASTAL /BAY WATER QUALITY COMMITTEE. Confirm Council Member Hill's appointment of as the District 3 representative on the Coastal /Bay Water Quality Citizens Advisory Committee. 10. APPOINTMENTS TO THE AVIATION COMMITTEE. a) Confirm Council Member Mike Henn's appointments of as the District 1 representative and as the District 1 alternate representative to the Aviation Committee b) confirm Council Member Rush Hill's appointment of Bonnie O'Neil as the District 3 alternate representative to the Aviation Committee; c) confirm Council Member Leslie Daigle's appointment of as the District 4 alternate representative to the Aviation Committee. 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. 1:1 EIII