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Home My WebLink About0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JANUARY 24, 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 JANUARY 24, 2012 7:00 p.m. - Regular Meeting STUDY SESSION — 4:00 p.m. II. ROLL CALL III. PUBLIC COMMENTS REGARDING CLOSED SESSION Public comments are invited on Closed Session Agenda items only. Speakers must limit comments to five (5) minutes. Before speaking, please state your name for the record. IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): One matter: 1. City of Newport Beach v Dennis Lee Holland, et. al. Orange County Superior Court Case No. 30 -2011 00486864 B. 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). C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957) Title: City Clerk V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE 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. INVOCATION — Mr. Frank Carpenter XI. PRESENTATION Newport Beach Restaurant Association XII. 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. XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM XIV. 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 1. MINUTES OF THE REGULAR MEETING OF JANUARY 10, 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. REVISED CITY COUNCIL POLICY E -1 — PUBLIC RECORDS ACT POLICY. Adopt Resolution No. 2012 -5 adopting the revised City Council Policy E -1 — Public Records Act Policy. C. ORDINANCE FOR INTRODUCTION 4. ORDINANCE 2012 -1: ADOPTION OF CAL FIRE VERY HIGH FIRE HAZARD SEVERITY ZONE MAP. Introduce Ordinance No. 2012 -1 to adopt the Very High Fire Hazard Severity Zone Map in the Local Responsibility Area (LRA) of Newport Beach and amend NBMC Title 9 Section 9.04.120, 2010 California Fire Code, Chapter 49; Requirements for Wildland -Urban Interface Areas, and pass to a second reading on February 14, 2012. 19 fail CONTRACTS AND AGREEMENTS 5. CENTRAL BALBOA PAVEMENT REHABILITATION — PHASE 1 — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4453. a) Accept the completed work and authorize the City Clerk to file of Notice of Completion; b) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in acceptance with applicable portions of the code; and c) release the Faithful Performance Bond one -year after Council acceptance. 6. MEMORANDUM OF UNDERSTANDING TO ACCOMMODATE THE IRVINE COMPANY UNDER THE CITY EXCEPTION PROCESS TO THE CALIFORNIA OCEAN PLAN FOR DISCHARGES TO AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS). Approve and execute the Memorandum of Understanding (MOU) with The Irvine Company (TIC) to include TIC under an exception to the California Ocean Plan for selected discharges into ASBS expected to be granted to the City by the State Board. SELECTION OF A VENDOR TO EVALUATE CITY REFUSE SERVICES. Authorize a professional services agreement with HF &H Consultants, LLC, of Irvine to complete an analysis of the services performed by the City Refuse Division and to perform the requested tasks at a cost of $99,500. pril6Y9�� 1�`Ixil►b7 8. PLANNING COMMISSION AGENDA FOR JANUARY 19, 2012. Receive and file written report. 9. UNSCHEDULED VACANCIES ON THE HARBOR COMMISSION AND PLANNING COMMISSION a) Confirm Mayor Gardner's appointment of Mayor Nancy Gardner, Council Member Ed Selich, and Council Member Rush Hill to serve on the Ad -Hoc Appointments Committee; and b) Direct the City Clerk to post and publish a Special Vacancy Notice requesting that applications for either commission be submitted by 4:00 p.m. on Wednesday, February 8, 2012, and schedule the submission of nominations to the City Council On February 28, 2012 with the final appointment to be made on March 13, 2012. 10. ACCEPT POINT OF DISPENSING (POD) GRANT FUNDS. a) Accept the Point of Dispensing grant of $29,368.90; and b) approve Budget Amendment No. 12BA -023, allocated from unappropriated fund balance the amount of $29,368.90, which was received in fiscal year 2010 -11 and appropriating those funds into the Fire Department 2355 -8213 account. 11. AUTHORITY TO PROVIDE ECONOMIC DATA FOR NEIGHBORHOOD REVITALIZATION EFFORTS. a) Adopt Resolution No. 2012 -6 authorizing the City Manager to enter into a contract; and b) adopt Resolution No. 2012 -7 authorizing Keyser Marston Associate access to confidential taxpayer records. 12. CORONA DEL MAR (CDM) COASTLINE CAR CLASSIC: WAIVER OF PARKING FEES @ CDM PARKING LOT. Staff recommends that Council approve the waiver of approximately $7,500, as the event is held in September, after our peak summer season. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XV. ITEMS REMOVED FROM THE CONSENT CALENDAR XVI. 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. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVIII. PUBLIC HEARINGS 13. APPEAL — LOT MERGER NO. LM2011 -002 — 2808 AND 2812 OCEAN BOULEVARD (PA2011 -141). Sustain or reverse the Planning Commission's decision by either: a) adopting Resolution No. 2012 -8 for denial of Lot Merger No. LM2011 -002; OR b) adopting Resolution No. 2012 -8 approving Lot Merger No. LM2011 -002 and waiver of the requirement to file a parcel map. 14. NEWPORT BEACH COUNTRY CLUB (PA2005 -140) - GOLF REALTY FUND - 1600 AND 1602 EAST COAST HIGHWAY - PROPOSAL FOR REDEVELOPMENT OF THE EXISTING PRIVATE GOLF COURSE CLUBHOUSE AND TENNIS CLUB. a) Conduct a public hearing; b) adopt Resolution No. 2012 -9, approving Mitigated Negative Declaration No. ND2010 -008; c) introduce Ordinance No. 2012 -2, approving Planned Community Development Plan No. PC2005 -002, as recommended by Planning commission for the entire 140 -acre project site, and pass to second reading for adoption on February 14, 2012; d) adopt Resolution No. 2012 -10, approving a conversion of 17 tennis courts to 27 hotel rooms, Site Development Review No. SD2011 -002, Limited Term Permit No. XP2011 -004, and Vesting Tentative Tract Map No. NT2005 -003 for the improvements to the 7 -acre Tennis Club portion of the project site including the construction of five (5) single -unit residential dwellings and 27 hotel rooms, reserving for future consideration the identification of improvements to the 133 -acre Golf Club portion of the project site, and denying Transfer of Development Rights No. TD2010 -003; and e) introduce Ordinance No. 2012 -3, approving Development Agreement No. DA2010 -005, and pass to second reading for adoption on February 14, 2012. 15. NEWPORT BEACH COUNTRY CLUB (PA2008 -152) - NEWPORT BEACH COUNTRY CLUB, INC. - 1600 EAST COAST HIGHWAY — PROPOSAL TO REDEVELOP AND EXPAND THE EXISTING EXISTING GOLF CLUBHOUSE TO 56,000 SQUARE FEET, ASSOCIATED PARKING LOT, AND RECONSTRUCT THE ENTRY DRIVE AT EAST COAST HIGHWAY. a) Conduct a public hearing; b) adopt Resolution No. 2012 -11, approving Mitigated Negative Declaration No. ND2010 -010; c) adopt Resolution No. 2012 -12, approving General Plan Amendment No. GP2008 -005 to increase the maximum development limit for the golf clubhouse by 21,000 square feet, from 35,000 to 56,000 gross square feet; d) introduce Ordinance No. 2012 -4, approving Planned Community Development Plan Amendment No. PC2008 -001 to increase the size of the golf clubhouse from 35,000 to 56,000 gross square feet and pass to second reading for adoption on February 14, 2012; e) adopt Resolution No. 2012 -13, approving Site Development Review No. SD2011 -003 and Limited Term Permit No. XP2011 -005 to allow the construction of golf clubhouse, associated parking lot, and maintenance facility; and f) introduce Ordinance No. 2011 -5 approving Development Agreement No. DA2010 -005, and pass to second reading for adoption on February 14, 2012. XIX. CURRENT BUSINESS 16. CONSIDERATION TO FURTHER PURSUE STREET RELINQUISHMENT OF PORTIONS OF NEWPORT BOULEVARD AND /OR WEST COAST HIGHWAY FROM THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION. a) Staff recommends that the City continue to pursue and negotiate taking over the ownership and operation of Newport Boulevard from Finley Avenue to the Newport Channel Bridge Deck through the relinquishment process; and b) staff recommends that the City stop or postpone and further relinquishment efforts on West Coast Highway from the Santa Ana River to Jamboree Road. 17. FIRST 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. Introduce Ordinance No. 2012 -6, amending Chapter 11.04 of Title 11 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; waive further reading and pass to second reading on February 14, 2012. 18. APPOINTMENT TO FILL THE UNSCHEDULED VACANCY ON THE SPECIAL EVENTS ADVISORY COMMITTEE. Appoint one of the two nominees (Paul Blank and Jack Marlo) to fill the vacancy on the Special Events Advisory Committee. XX. 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. XXI. ADJOURNMENT