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HomeMy WebLinkAbout0 - AgendaNEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD MARCH 13, 2012 Closed Session - 2:00 p.m. and 5:45 p.m. Study Session - 4:00 p.m. ROLL CALL — 2:00 p.m. II. PUBLIC COMMENTS Public comments are invited on the Closed Session Agenda (Item 111 below), Speakers must limit comments to five (5) minutes. Before speaking, please state your name for the record. III. CLOSED SESSION — 2:00 p.m. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): Three matters: 1. Morningside Recovery, LLC, et al v City of Newport Beach ORANGE COUNTY SUPERIOR COURT CASE NO. 30- 2011 - 00505900 -CU -WM -CJC 2. City of Newport Beach v Dennis Lee Holland Orange County Superior Court Case No. 30- 2011 - 00486864 -CU -MC -CJC 3. Friends for Good Planning v City of Newport Beach (Real Parties in Interest: Newport Beach Country Club, Inc, and International Bay Company) Orange County Superior Court Case No. 30- 2012 - 00550274 B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION (Government Code § 54956.9(b)): 1 potential case C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(c)): 2 potential cases 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. ma�x�x�xxx xx�xamxxxa�x�x�x,H: xx�xx 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.newl)ortbeaclica.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 citvelerk (s newnortbeachea.eov). IV V VI PI1 D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager; Dana Smith, Assistant City Manager; Terri Cassidy, Human Resources Director; 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) ROLL CALL — 4:00 p.m. CLOSED SESSION REPORT CURRENT BUSINESS COUNCIL TO SHOW APPRECIATION TO FERN PIRKLE AND OTHERS FOR THEIR WORK AS "FRIENDS OF THE IRVINE COAST." 2. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. 3. HARBOR CHARGES. City staff will present recent concepts regarding changing the charges applied to commercial pier permittees, specifically larger commercial marinas. Currently, permit holders rent a section of tidelands via a one -year permit, paying on a square foot basis. The concepts to be presented include moving to longer -term leases and a "percentage of gross income' rent basis. Changes will not be formally adopted at this Study Session meeting. 4. REVISION OF STATE'S VERY HIGH FIRE HAZARD SEVERITY ZONE (VHFHSZ) MAP FOR THE CITY OF NEWPORT BEACH. Fire Department staff will present proposed local modifications to a recent State ( "Cal- Fire') map that sets forth fire hazard zones in and around Newport Beach. This item asks for the Council's review and input on the proposed amended map. The ordinance or resolution that will adopt the map will be presented later in 2012 at an evening meeting following additional public outreach. PUBLIC COMMENTS (4:00 P.M.) (4:05 P.M.) (4:15 P.M.) (5:20 P.M.) Public comments are invited on Closed Session Agenda items, as reflected in Item 11 - 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. VIII. ADJOURNMENT — Adjourn back into Closed Session at 5:45 p.m. NEWPORT BEACH CITY COUNCIL AMENDED AGENDA REGULAR MEETING MARCH 13, 2012 XVII. CURRENT BUSINESS 16. BALBOA AND CORONA DEL MAR FIRE RINGS. Direct staff to take the necessary steps to remove the sixty (60) fire rings at Big Corona and the Balboa Pier areas. CITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, MARCH 13, 2012 COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD Closed Session - 2:00 p.m. (see Study Session Agenda) and 5:45 p.m. Regular Meeting - 7:00 p.m. KEITH D. CURRY Mayor Pro Tern STEVEN ROSANSKY Council Member D® LESLIE J. DAIGLE Council Member NANCY GARDNER Mayor _X1eW4 f 041y DAVE KIFF — City Manager AARON HARP —City Attorney LEILANI BROWN — City Clerk DANA SMITH — Assistant City Manager STEPHEN BADUM — Public Works Director NOTICE TO THE PUBLIC MICHAEL F. HENN Council Member RUSH N. HILL, II Council Member EDWARD D. SELICH Council Member Oft r 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 13, 2012 Closed Session - 2:00 p.m. (see Study Session agenda) and 5:45 p.m. Regular Meeting - 7:00 p.m. STUDY SESSION — 4:00 p.m. II. CLOSED SESSION — 5:45 p.m. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): Three matters: 1. Morningside Recovery, LLC, et al v City of Newport Beach Orange County Superior Court Case No. 30- 2011- 00505900 -CU -WM -CJC 2. City of Newport Beach v Dennis Lee Holland Orange County Superior Court Case No. 30- 2011- 00486864 -CU -MC -CJC 3. Friends for Good Planning v City of Newport Beach (Real Parties in Interest: Newport Beach Country Club, Inc. and International Bay Company) Orange County Superior Court Case No. 30- 2012 - 00550274 B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION (Government Code § 54956.9(b)): 1 potential case C"WK0] I19:1: 74R4i:&rA1 IN: I111x0e1SK0111k`6'i:1 W_1 ILI1147 I:1N7 4I11[ H_ 74 I[ S] Z01Z111 /_\I[*] Z Kola 4ItI[He\ IN] k,I (Government Code § 54956.9(c)): 2 potential cases D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager; Dana Smith, Assistant City Manager; Terri Cassidy, Human Resources Director; 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) III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL 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. VI. CLOSED SESSION REPORT VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION — Reverend Robert Jordan Ross, Newport Universalist Society IX. PRESENTATION Arbor Day — Rotary Club of Newport- Balboa 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 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. 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 - 12) are considered to be routine and will all be enacted by one motion in the form listed below. The City 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 Council votes on the motion unless members of the 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 REGULAR MEETING OF FEBRUARY 28, 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. RESOLUTION FOR ADOPTION 3. ADOPT RESOLUTION FOR THE INSTALLATION OF A STOP SIGN ON HAZEL DRIVE AT PROPERTY AVENUE. Adopt Resolution No. 2012 -23 for the installation of a STOP sign on Hazel Drive at Poppy Avenue. C. CONTRACTS AND AGREEMENTS 4. PENINSULA POINT ALLEY REPLACEMENT — AWARD OF CONTRACT NO. 4627. a) Approve the project drawings and specifications, b) award Contract No. 4627 to Hillcrest Contracting for the total bid price of $1,617,335.00, and authorize the Mayor and the City Clerk to execute the contract, and c) establish an amount of $242,665.00 (15 %) to cover the cost of unforeseen work and anticipated additional curb and gutter not included in the original contract. 5. STREETLIGHT IMPROVEMENT PROJECT FOR 2011 -2012 — AWARD OF CONTRACT NO. 4822. a) Approve the project drawings and specifications; b) reject the low bid received from Pro Tech Engineering Corporation as non - responsible; c) award Contract No. 4822 to Unique Performance Construction, Inc. for the total bid price of $273,840.00, and authorize the Mayor and the City Clerk to execute the contract; and d) establish a contingency of $28,000.00 (approximately 10 %) to cover the cost of unforeseen work. 6. VARIOUS STORM DRAIN IMPROVEMENT — AWARD OF CONTRACT NO. 4966. a) Approve the project drawings and specifications; b) declare RY Engineering Works, Inc. (RYE) as the lowest responsible bidder; c) award Contract No. 4966 to RYE for the total bid price of $186,012.50, and authorize the Mayor and the City Clerk to execute the contract; and d) establish a contingency of $27,900.00 (approximately 15 %) to cover the cost of unforeseen work. BULKHEAD AND SEAWALL REPAIRS — AWARD OF CONTRACT NO. 4897. a) Approve the project drawings and specifications; b) award Contract No. 4897 to Surfside Restoration and Waterproofing, Inc. ( Surfside) for the total bid price of $141,300.00, and authorize the Mayor and the City Clerk to execute the contract; and c) establish a contingency of $35,200.00 (approximately 25 %) to cover the cost of unforeseen work and pay for additional crack repair. D. MISCELLANEOUS 8. PLANNING COMMISSION AGENDA FOR MARCH 8, 2012. Receive and file. 9. GENERAL PLAN ANNUAL STATUS REPORT INCLUDING HOUSING ELEMENT REPORT (PA2007 -195). Receive and file. 10. ORANGE COUNTY WATER AND WASTEWATER MULTI - HAZARD MITIGATION (HAZMIT) PLAN UPDATE. Staff recommends that Council approve the draft 2012 Orange County Regional Water and Wastewater Multi- Hazard Mitigation Plan Update, subject to incorporation of comments, if any, by the California Emergency Management Agency (CEMA) and the Federal Emergency Management Agency (FEMA) upon completion of their review. 11. APPOINTMENTS TO THE AVIATION COMMITTEE. Confirm Council Member Leslie Daigle's appointment of Tom Meng as the District 4 representative to the Aviation Committee; and b) extend the deadline to 4:00 p.m. on Thursday, March 22, 2012. 12. CORONA DEL MAR STATE BEACH CONCESSIONAIRE AGREEMENT. a) Select Rooster Cafe at CdM as the concessionaire for Corona del Mar State Beach; and b) authorize the Mayor and City Clerk to execute the Concession Agreement. 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 MM XVIII. 13. ANNUAL REVIEW OF THE FLETCHER JONES MOTORCARS DEVELOPMENT AGREEMENT (PA2009 -052). a) Conduct a public hearing; b) find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and c) receive and file the Annual Report of the Development Agreement for Fletcher Jones Motorcars. 14. NEWPORT BEACH COUNTRY CLUB (PA2005 -140) — GOLF REALTY FUND — 1600 AND 1602 EAST COAST HIGHWAY. a) Conduct a public hearing; b) introduce 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 pass to second reading for adoption on March 27, 2012; c) adopt Resolution No. 2012 -10A which 1) reconfirms the January 24, 2012, approval of Site Development Review No. SD2011 -002 by Resolution No. 2010 -10 for 1602 East Coast Highway and 2) approves an Alternative Site Plan for the Golf Club site located at 1600 East Coast Highway; and d) introduce Ordinance No. 2012 -3 approving Development Agreement No. DA2008 -001, and pass to second reading for adoption on March 27, 2012. [Continued from the February 28, 2012 City Council meeting] 15. APPOINTMENTS TO FILL THE VACANCIES ON THE HARBOR COMMISSION AND PLANNING COMMISSION. a) Appoint Chandler Bell or Dave Girling to fill the vacancy on the Harbor Commission; b) appoint Tim Brown, Willard Dunlap, or Steven Coyne to fill the vacancy on the Planning Commission; and c) determine if the term for the new Planning Commissioner should expire on June 30, 2012 or be extended to June 30, 2016, as permitted by City Council Policy A -2. 16. BALBOA AND CORONA DEL MAR FIRE RINGS. a) Consider the recommendation of the Parks, Beaches and Recreation Commission to remove sixty (60) beach fire rings located in Newport Beach; and b) provide direction to staff accordingly. 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