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HomeMy WebLinkAbout0 - Regular Meeting AgendaNEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD FEBRUARY 28, 2012 Regular Meeting - 7:00 p.m. I. STUDY SESSION - Cancelled II. CLOSED SESSION — 5:30 p.m. A. 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 VI. CLOSED SESSION REPORT VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION IX. PRESENTATIONS Presentation of Plaques to former Planning Commissioners Charles Unsworth and Robert Hawkins, and Harbor Commissioner Vincent Valdes 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. 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 - 17) 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 STUDY SESSION AND REGULAR MEETINGS OF FEBRUARY 14, 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 STREET SWEEPING PARKING RESTRICTIONS ON KLINE DRIVE. a) Rescind Resolution No. 2012 -3; b) adopt Resolution No. 2012 -21 establishing NO PARKING restrictions for street sweeping on Kline Drive from Orchard Drive to west street end in the West Santa Ana Heights community. C. ORDINANCES FOR ADOPTION 4. SECOND READING — CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 11.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RULES AND REGULATIONS FOR PARKS, PARK FACILITIES AND BEACHES AND REPEALING SECTION 11.08.080 PERTAINING TO SMOKING ON CITY BEACHES, MUNICIPAL PIERS, PUBLIC FLOATS AND PUBLIC WHARVES. Conduct second reading and adopt Ordinance No. 2012 -6, relative to omnibus changes to Chapter 11.04 of the Newport Beach Municipal Code pertaining to Rules and Regulations for Parks, Park Facilities and Beaches and repealing Section 11.08.080 pertaining to Smoking on City Beaches, Municipal Piers, Public Floats and Public Wharves. Amending 11.04.070 Prohibited Conduct Section D and Striking 11.04.080 Smoking Prohibited Section B. 5. DR. MORGAN PROPERTY AMENDMENTS (PA2011 -138) - 1419 SUPERIOR AVENUE - CODE AMENDMENT NO. CA2011 -010. Conduct a second reading and adopt Ordinance No. 2012 -7 approving Code Amendment No. CA2011 -010. 6. SCAP III, LLC PROPERTY AMENDMENTS (PA2011 -196) - 514 E. OCEANFRONT (AKA 101 -07 PALM STREET) - CODE AMENDMENT NO. CA2001 -012. Conduct a second reading and adopt Ordinance No. 2012 -8 approving Code Amendment No. CA 2011 -012. 7. PRESTA PROPERTY AMENDMENTS (PA2011 -179) - 2888 & 2890 BAYSHORE DRIVE - CODE AMENDMENT NO. CA2011 -011. Conduct a second reading and adopt Ordinance No. 2012 -9 approving Code Amendment No. CA2011 -008. 8. NEWPORT BEACH COUNTRY CLUB (PA2005 -140) - GOLF REALTY FUND - 1600 AND 1602 EAST COAST HIGHWAY. a) Continue Ordinance No. 2012 -2 approving Planned Community Development Plan No. PC2005 -002 to March 13, 2012; b) continue Ordinance No. 2012 -3 approving Development Agreement No. DA2008 -001 to March 13, 2012; and c) waive City Council Policy A -10 regarding "Voting Procedures - Reconsideration" and reconsider Resolution No. 2012 -10 approving Site Development Review No. SD2011 -002 on March 13, 2012. Continued from the February 14, 2012 City Council meeting. 9. NEWPORT BEACH COUNTRY CLUB (PA2008 -152) - NEWPORT BEACH COUNTRY CLUB, INC. - 1600 EAST COAST HIGHWAY. a) Conduct a second reading and adopt Ordinance No. 2012 -4 approving Planned Community Development Plan No.PC2008 -001. D. CONTRACTS AND AGREEMENTS 10. BIRCH STREET EXTENSION ACQUISITION (PA2012 -011). a) Approve the Property Conveyance Agreement and Escrow Instructions between C.Z. Brockman Revocable Trust ('Brockman "), the City, and Richard Moriarty ( "Moriarty ") and authorize the City Manager to execute documents in furtherance of the Property Conveyance Agreement and Escrow Instructions as approved by the City Attorney; b) approve the acceptance of a Quit Claim Deed and dedication of an Access Easement to the County of Orange and authorize the City Manager to sign documents in furtherance thereof as approved by the City Attorney; and c) approve the dedication of an Access Easement to the County of Orange Flood Control District and authorize the City Manager to sign documents in furtherance thereof as approved by the City Attorney. 11. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT — APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH ALLANA BUICK AND BERS FOR BUILDING ENCLOSURE WATERPROOFING CONSTRUCTION MONITORING SERVICES. Approve Professional Services Agreement Amendment No. 1 with Allana Buick and Bers of El Segundo, California for Civic Center and Park Project Building Enclosure Construction Monitoring Services at a not -to- exceed price of $243,052.00, and authorize the Mayor and the City Clerk to execute the Amendment. 12. NEWPORT COAST RUNOFF REDUCTION PROGRAM — ALLOCATE METROPOLITAN WATER DISTRICT (MIND) REBATES FOR ADDITIONAL IRRIGATION CONTROLLERS. Approve Budget Amendment No. 12BA -028 recognizing new revenue from MWD up to $250,000 and appropriating up to $250,000 to Account No. 7255- C5100968 to supplement the irrigation runoff reduction program. Expenditure appropriations should not exceed rebate receipts. E. MISCELLANEOUS 13. PLANNING COMMISSION STUDY SESSION AND REGULAR MEETING AGENDAS FOR FEBRUARY 23, 2012. Receive and file. 14. REQUEST TO RETAIN PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY AT 339 CATALINA DRIVE. Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow the existing stair risers, planter walls, upgraded carriage walk and private tree, all of which encroach in excess of 1 -foot into the Catalina Drive public right -of -way, provided the property owners of 339 Catalina Drive to enter into an Encroachment Agreement with the City to maintain these private improvements within the Public Right -of -Way and that all conditions of the Encroachment Permit process are met. 15. UNSCHEDULED VACANCY ON THE COASTALIBAY WATER QUALITY CITIZENS ADVISORY COMMITTEE. Direct the City Clerk to post and publish a Special Vacancy Notice requesting that applications be submitted by 4:00 p.m. on Wednesday, March 14, 2012, and schedule confirmation of appointments to be made on March 27, 2012. 16. NOMINATIONS TO FILL THE VACANCIES ON THE HARBOR COMMISSION AND PLANNING COMMISSION. a) Confirm the nominations of Chandler Bell and Dave Girling to fill the vacancy on the Harbor Commission; and b) confirm the nominations of Tim Brown, Willard Dunlap, and Steven Coyne to fill the vacancy on the Planning Commission. 17. 19TH STREET BRIDGE: REQUEST FOR A SARX STUDY UPDATE. Authorize Mayor Gardner to send a letter to OCTA. 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 18. ANNUAL REVIEW OF THE PACIFIC VIEW MEMORIAL PARK DEVELOPMENT AGREEMENT (PA2009 -024). 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 Pacific View Memorial Park. 19. ANNUAL REVIEW OF THE NORTH NEWPORT CENTER DEVELOPMENT AGREEMENT (PA2009 -023). a) Conduct a public hearing; b) find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; c) authorize the Community Development Director to enter into a covenant on behalf of the City regarding the restriction of non - habitable square footage; and d) receive and file the annual report of the Development Agreement for North Newport Center. XVII. CONTINUED BUSINESS 20. SANTA BARBARA CONDOMINIUMS: AFFORDABLE HOUSING IMPLEMENTATION PLAN AND MEMORANDUM OF AGREEMENT — 900 NEWPORT CENTER DRIVE (PA- 2012 -012). Adopt Resolution No. 2012 -19 which 1) amends the affordable Housing Implementation Plan for the Santa Barbara Condominiums Project; 2) approves a Memorandum of Agreement between City of Newport Beach and New Home Company Southern California, LLC; 3) waives the requirement for a development agreement; and 4) rescinds Resolution No. 2007 -058. 21. RECONSIDERATION: CORONA DEL MAR COASTLINE CAR CLASSIC — WAIVER OF PARKING FEES AT BIG CORONA. a) Approve a parking fee of $503 for the 2011 Corona del Mar Coastline Classic, constituting a fee waiver of approximately $6997; b) authorize the City Manager to enter into a three -year agreement with the Corona del mar Chamber of Commerce that would charge the Chamber a "rolling average" for its use of the Big Corona parking lot in 2012 and 2013; and c) approve parking fee waivers for 2012 and 2013 in advance, provided that the amount waived is not above $10,000 and is consistent with the approach described in recommended action b. XVIII. CURRENT BUSINESS 22. APPOINTMENTS TO FILL THE VACANCIES ON THE CITIZENS BICYCLE SAFETY COMMITTEE. Appoint 7 of the following 13 nominees to fill the vacancies on the Bicycle Safety Committee: 1. Michael Alti 8. Robert Kahn 2. Sandra Asper 9. Denis LaBonge 3. Lou Cohen 10. Sean Matsler 4. Errett Cord 11. Francis Peters 5. Barbara Danzi 12. Anthony Petros 6. Greg George 13. John Tzinberg 7. David Huntsman 23. CORONA DEL MAR ENTRY REVITALIZATION CONCEPT PLAN (PA2011 -223). Approve the Corona del Mar Entry Conceptual Plan and direct staff to include the project for consideration in upcoming Capital Improvement Program prioritization and budgeting reports, deliberations, and actions. 24. QUARTERLY BUSINESS REPORT — OCTOBER THROUGH DECEMBER 2011. Review and comment, as desired. 25. RESOLUTION NO. 2012 -22 SUPPORTING THE PETITION TO AMEND REGULATION SECTION 18705.5 RELATING TO COUNCIL MEMBER APPOINTMENTS. Adopt Resolution No. 2012 -22 supporting the Petition to amend Regulation Section 18705.5 to make it consistent with State statutory law excluding salary, reimbursement, and other benefits from the definition of income. 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. ADJOURNMENT - In memory of Jack Butefish 5