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Home My WebLink About01 - MinutesAgenda Item No. 1 May 8, 2012 City Council Minutes City Council Regular Meeting April 24, 2012 — 7:00 p.m. I. STUDY SESSION - Cancelled II. ROLL CALL III. Present: Council Member Hill, Mayor Pro Tern Curry, May,,or Gardner, Council Member Selich, Council Member Henn, Council Member Daigle / `� Excused: Council Member Rosansky Regarding Closed Session Item IV.B, Jim,Mosher believed that this item is premature since Council has not held any meetings, created Wpolicy, or createdt,parameters regarding tidelands; and questioned why negotiations are only taking =place with thesetwo properties. He noted that the Ad Hoc Committee on Updating Harbor Charges held a work&p on April 5 but noted that the committee was sunsetted in 2011. City Attorney H4rpi'indicated that the extension of the committee will be brought back to Council. IV. CLOSED SESSION - 4:00, Council Member Rosa s] A. CONFERENCE WI'. Code §54956.9(a))c'; 1: '> Arnie Pike, et �'� ''United States 1 91 WITH 54956.8): bed at 4:15 p.m \, r_ AL COUNSEL.j\- EXISTING LITIGATION (Government ty o)'Wewioort Beach Court�'Case No. CV -08 -8580 DSF (RNBx) PROPERTY NEGOTIATORS (Government Code § 1. Property: 710 Lido Park Dr., Newport Beach, CA 92663 - Tidelands Agency Negotiator: Dave Kiff, City Manager Negotiating Parties: Stanley A. Solomon, as Trustee for the Curci 1999 Dynasty Trust, First American Trust Company, Trustee of the Turner Revocable Trust Number 1, and John Curci Under Negotiation: Price and terms of payment for lease of real tidelands property 2. Property: 2101 West Coast Hwy, Newport Beach, CA 92663 - Tidelands Agency Negotiator: Dave Kiff, City Manager Volume 60 - Page 432 City of Newport Beach City Council Minutes April 24, 2012 Negotiating Parties: Ardell Investment Company Under Negotiation: Price and terms of payment for lease of real tidelands property C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Agency Designated Representatives: Dave Kiff, City Manager; and Richard Kreisler, Special Counsel Employee Organizations: All Labor Associations:. Assc Ocean Lifeguards (ANBOL); Lifeguard Management Ase Beach Fire Management Association (NBFMA); ,,New; Association (NBFA); Police Management Association_ -O Association (PEA); City Employees Association (NI Professional & Technical Employees Association (NB Employees League (LABEL); and Newport Beach Part -Time D. PUBLIC EMPLOYEE 54957): Title: City Manager V. RECESS VI. RECONVENED AT 7:00 P.11 VII. ROLL CALL t- Present: Council Member R Curry, Mayor Gardnerr Goun t VIII. CLOSED SESSIONh REPO were taken. DC PLEDGE OF ALLEGIANG] X. INVOCATION - Mayor Pro M. PRESENTATIONS., j Bike Month Proelam`a io Safety Committee Members EV n of Newport Beach on (LMA); Newport Beach Firefighters' Police Employees' ); Newport Beach i); Newport Beach ; City of Newport Beach City Council Minutes April 24, 2012 XII. NOTICE TO THE PUBLIC )III. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM) Council Member Daigle announced that she attended the annual recognition for the OASIS Senior Center volunteers and discussed the programs and services provided by OASIS. She also requested more information regarding the reservoir cover. i Council Member Henn reported that he attended the Newport to;Ensenada kick -off party last Sunday; and announced that the Balboa Village Citizens Advisoiy'Panel will meet on May 2 at 4:00 p.m. at the ExplorOcean Nautical Museum. He congratulated the Police Department team for winning the Baker to Vegas relay race for its class /divisidn for the eigh`tb, year. Council Member Hill announced that he and recommend that every citizen consider ta. Mayor Pro Tern Curry announced that he was'( Association of California Cities - Orange County (AC the National Association of Intercollegiate_ Athletics show at the OASIS Senior Center on Apr& -14; and Marathon Reception. He announced that PaAama.0 and elected Council Member Keith Curry to Ward 4- Mayor Gardner displayed written by Marine Protecti the Newport Beach Filrri'F begins on Friday, Aprili 7x City Manager Kiff annorur, Corps of Engineers dn.Api Slough Dredging Project., XIV. CONSENT CALENDAR A. READING OF MIN 1. MINUTES F MEETING. i and order filet Southern C it Education it begins Th, will be at zed from the 12 week' class. Academy ted as the First Vice President to the )C�; provided the welcoming comments at nual,tConference; attended the annual art )resented the City at the Orange County Beach�Tlorida, held its election last week Coastal Wetlands brochure that was co- isor Michelle Clemente. She announced that April 26, and the Newport to Ensenada race ;eting hosted by the City and the U.S. Army Council Chambers to discuss the Semeniuk THE APRIL 10, 2012 STUDY SESSION AND REGULAR 2012] Waive reading of subject minutes, approve as amended 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 RESOLUTION SUPPORTING SUBMISSION OF A GRANT APPLICATION UNDER THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) Volume 60 - Page 434 City of Newport Beach City Council Minutes April 24, 2012 MEASURE M2 ENVIRONMENTAL CLEANUP GRANT PROGRAM. [100- 20121 Adopt Resolution No. 2012 -27 authorizing and supporting submission of grant applications for OCTA Measure M2 Environmental Cleanup Tier 1 and Tier 2 Grant Programs. C. CONTRACTS AND AGREEMENTS 4. NEWPORT BEACH CIVIC CENTER & PARK PROJECT - APPROVAL OF AMENDMENT NO. 4 TO THE CONSTRUCTION, MANAGER AT RISK CONTRACT C.W. DRIVER FOR THE FABRICATION AND INSTALLATION OF PROJECT SIGNAGE AND THE INSTALLATION OF DRY UTILITIES MODIFICATIONS (C- 4527). [381100 -20121 a)�' uthorize the Mayor and City Clerk to execute Amendment No. 4 to the Construction Manager At Risk Contract with C.W. Driver of Irvine, California, amending the Guaranteed Maximum Price (GMP) to add the fabrication and installation of signage compgnents for the new Civic Center facilities, including the park and the dry utilities modifications made at the existing Central Library deliver dock areato the Civic Center and Park Project scope of work at a not -to- exceed price ofP$476,281.00; and b) approve Budget Amendment No. 12BA -034 appropriaring`$476,281.00 from the Major Facilities Master Plan Fund to the Newport Beacli ,Qv c Center Project Account No. 7410 - C1002009. 5. NEWPORT BEACH CIVIC CEN' AMENDMENT NO. 1 TO PROF KOURY ENGINEERING & TES' INSPECTION,SERVICES (C45' Agreement Amendment No. 1 wit California ,'for Civie�Center and Pi not -to- exceed price of $170,842.00, execute the Amendment. I-AND PARWTROJECT - APPROVAL OF 5IONAL SERVICES AGREEMENT WITH fG�INC:,-'FOR MATERIAL TESTING AND [38 1100 - 20121, Approve Professional Services .oury Engineering & Testing, Inc., of Chino, Project Material and Inspection Services at a d authorize the Mayor and the City Clerk to 8. , -EXTENSION OF�XHE JOINT'POWERS AGREEMENT (JPA) FOR USE OF j l MARIAN BERGESON AQUATICS CENTER (MBAC) (C- 2761). [381100 -2012] Approve the execution obthe Newport -Mesa Unified School District (NMUSD) Board approved agreement to extend the JPA for use of the MBAC for a twenty -five (25) .year period from\July 1, 2014 to June 30, 2039. Z } p D. MISCELLANEOUS �1L {t 9. PLANNING (COMMISSION AGENDA FOR APRIL 19, 2012. [100 -20121 Receive and•file. 10. BUDGET AMENDMENT TO APPROPRIATE EXPENDITURES AND REVENUES FOR CONTRACT CLASSES, AFTER SCHOOL ENRICHMENT, AND OASIS FITNESS CENTER PERSONAL TRAINERS. [100 -20121 Approve Budget Amendment No. 12BA -033 to increase Revenue Accounts 4330 -5150 by $200,000 and 4415 -5167 by $72,000; and Expenditure Accounts 4330 -8080 by $130,000 and 4415.8080 by $56,000 (Additionally, these increases will be reflected in the FY2012 /13 budget that City Council will consider in June 2012). Volume 60 - Page 435 City of Newport Beach City Council Minutes April 24, 2012 11. APPOINTMENT BY MAYOR OF AD HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO OCCUR ON JUNE 30, 2012. [100 -20121 a) Confirm Mayor Nancy Gardner's appointment of Mayor Nancy Gardner, Council Member Mike Henn, and Council Member Steven Rosansky to serve on the Ad Hoc Appointments Committee to review applications and make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 2012; and b) direct the City Clerk to post and publish a Vacancy ,Notice requesting that applications be submitted by 2:00 p.m. on Wednesday „May 16, 2012; schedule confirmation of nominees to be made on June 12, 201,and make appointments on June 26, 2012. 12. BUDGET AMENDMENT ALLOCATING, £DONATED FUNDS FOR THE PURCHASE OF A LIBRARY RADIO' AFREQUENCY ,-t�IDENTIFICATION SYSTEM. [100 -2012] Approve BudgeUfAmendment No. 12AX -035 to increase expenditures by $120,000 - $95,000 in<D ision.-4093 -9000, Library`Donations -Office Equipment and $25,000 in Division 8 00. 851'2, Ackerman Fund -High. Tech Library Trust (Funding of this expenditure will be, achieved in part by appropriating $95,000 from the 030 -2248 special purpose depositl�ccount and increasing revenue in 4093- 5901; and the balance of $25,000 will be appropriated from the Ackerman Trust Fund unappropriated fund 61iince, account 850 - '3605). Motion by Mayor Pro Tem Curry, seconded bv'Council Member Rosansky to approve the Consent Calendar, except for the items removed (6 and )Oi _— � , The motion carried by the following roll call vo "teA. Ayes: Council Member('Hjil, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle XV. ITEMS REMOVED -FROM THE CONSENT CALENDAR 6. PROFESSIONAL (SERVICE AGREEMENT WITH THE PCR SERVICES ,-,,CO, RPORATION FOR ENVIRONMENTAL SERVICES (PA2011 -216) (C- 5110). [3�G100- 20121 \ F Dan Purcell discussediithe Back Bay Landing area and proposed project, and suggested that the City encouraee the use of electric boats and non - motorized boats. Motion by Coiincil.•Member Selich, seconded by Mayor Pro Tem Curry to approve the Professional'$er'vices Agreement, and authorize the Mayor and City Clerk to execute the Agreement. U The motion carried by the following roll call vote Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle CITY HALL LAND USE AMENDMENTS (PA2012 -031) - 3300 NEWPORT BOULEVARD. [100 -20121 Volume 60 - Page 436 City of Newport Beach City Council Minutes April 24, 2012 Council Member Henn reported that he will be recusing himself since he previously recused himself relative to actions related to the subject matter due to the potential for a conflict of interest due to his business relationship with the owners of one of the businesses in Via Lido Plaza; and left the dais. In response to Mayor Gardner's questions, Community Development Director Brandt confirmed that the recommendation would authorize staff to proceed with initiating the General Plan Amendment, a Zoning Code change, and a Land Use amendment; and would begin discussions about standards and the appropriateness of the land use designation. amendments of the General Plan, Coastal Land Use facilitate a change of use of the City Hall site. Robert Hawkins stated that he looks forward to the E even though it is not required according to the Zoriin@ Advisory Panel should be involved in the process's The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member�Rosar Gardner, Council Member Selich,. Council Meml XVI. PUBLIC COMMENTS XVII. Robert Hawkins, r-'..-.-presenting Friends of ] appealed the Orange County Transportatii Street Bridge from the Courrfv Master Plan; continued the issue to Mayr14. Jim Mosher stated that Committees Handbook an also took issue -.that the er Daigle Harp indi Council Member\] have asked all the repossessed propel City 'staff hired a o Tern Curry to initiate Zoning Code necessary to ivironmental�xeview for this project, Code; and believed that the Citizens v iky, Mayor Pro Tern Curry, Mayor ar Daigle id'-Friends ofNihe Bridge, stated that they ;ity (OCTA).,decision to eliminate the 19th after a lengthy discussion; the OCTA Board ant to create a Boards, Commissions, and I Commissions without Council input. He members are asked to sign a handbook concern about the training and handbook, and stated that tem will be brought before Council at a Study Session. sed the Orange County Vector Control and indicated that they �s to consider adopting an ordinance that would help them identify to conduct abatement. Council Member Henn reported that at the April 18 Tidelands Management Committee, the Citizens Advisory Panel presented a draft Tidelands Infrastructure Management Plan, they continued the item relative to the dredging of the lagoon on Linda Isle, received an update on the Lower Bay Dredging Project, and considered expanding the committee membership to include a member of the Harbor Commission. Regarding the Lower Bay Dredging Project, he reported that the contractor has been selected, and the project will begin May 1 and conclude the end of September; discussed what the project will entail; and emphasized that the deadline to transport the material to the Port of Long. Beach cannot be changed. He further reported that the July 4th West Newport Safety Planning Committee met on April 16 and stated that this will be the first Volume 60 - Page 437 City of Newport Beach City Council Minutes April 24, 2012 time in years that the roads will not be barricaded and closed to vehicular traffic. He noted that there will still be police presence, the Loud and Unruly Gathering Ordinance (LUGO) will be in effect, and the City will once again hold a July 4th parade in West Newport. XVIII. PUBLIC HEARINGS 13. DEVELOPMENT AGREEMENT ANNUAL COMPLIANCE REVIEW - 2012 HOAG MEMORIAL HOSPITAL PRESBYTERIAN (DAs, PA2009- 064)`- 1 HOAG DRIVE (C- 2912). [381100 -20121 i Senior Planner Campbell provided the staff report and indicated that he distributed an email he received today. Mayor Gardner opened the public hearing. Jim Mosher believed that the City should ask fdr the money that Hoag;:Hospital promised for Sunset View Park before the agreement ,expires. 1. Eric Thurnher, Villa Balboa resident, reporieed'pdsitively on a meeting he andtiliis neighbor, Dick Runyon, had with Hoag Hospital on March; 22, and noted that some of the issues discussed with the hospital were not covered in t1ie�Development Agreement. Dick Runyon agreed that the meeting,,, with the hospital was positive and provided suggestions relative to the sound/noise test • \� ti Kelly Hagger, Villa Balboa resident, stated that she livegn the 260 building and discussed issues with the HVAt- dystem over the loading dock, the height variance proposal, the transfer of square; footage; from the upper ito the lower campus, and views. Senior Planner Campbellindicated that be, will contact Ms. Hagger to discuss her issues, but clarified for the � _ reeeord -_that the height variance was reviewed by the 'Planning Commission and H ag`Hospital is +not implementing the entire project, just the cover over one, 6f the stai]rwells. Further, the issues mentioned by Ms. Hagger deal with an upper campus project and were'found to be consistent with the Development Agreement and Brooks, Balboa Hearing no ;r for Hoag Hospital, expressed support for the that they will continue to work closely with the Villa , Mayor Gardner closed the public hearing. Motion by Council Member Rosansky, seconded by Council Member Hill to a) find that Hoag Memorial Hospital Presbyterian has demonstrated good faith compliance with the Development Agreement; and b) receive and file the Annual Status Report of Development Agreement for Hoag Memorial Hospital Presbyterian. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle Volume 60 - Page 438 City of Newport Beach City Council Minutes April 24, 2012 14. APPEAL OF DENIAL OF LOT MERGER NO. LM2011 -002 TO MERGE 2808 AND 2812 OCEAN BOULEVARD (PA2011 -141). [100-20121 Community Development Director Brandt reported that staff is recommending the continuance of the item to the May 8 City Council meeting in order to provide the applicant sufficient time to prepare a Restricted Covenant against the property. In response to Mayor Gardner's question, Community Development Director Brandt confirmed that the document the applicant will be preparing will gg before the City Council for review before being executed and recorded. She added that`the document is being voluntarily prepared by the applicant. r ti Motion by Mayor Pro Tern Curry, seconded by Co ncil Member Rosansky to continue the item to the May 8, 2012 City Council meeting. ~ Mayor Gardner opened the public hearing. r 4 Cora Lee Newman, Government Solutions, stated that they concur,\ with staffs recommendation. Clifford Jones, representing the surroundin continued to the June 26 City Council meeting discussed and concluded tonightJ,&hd,the re: noted that they have agreed to many ofithe,ap, time they have requested a continuance. Cora favor of continuing the item to June 2F, Mayor Gardner who requested a Hearing no The motion died for; Cit}'Attorney Harp st< date oftheir choosing The Ayes: Council Gardner L she was to May 8. Mayor ;ighbors, requested that the item be e -they were told that the item would be its scheduled other commitments. He nt's extensions and that this is the first Newmal- indicated that they are not in by some of the surrounding neighbors closed the public hearing. the item to the June 12, 2012 City Council that the City Council has the discretion to continue an item to a added that there is no time issues related to Zoning Code items. following roll call vote: Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Member Selich, Council Member Henn, Council Member Daigle 16. RESOLUTION NO. 2012 -28: AMENDING THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT (NBTBID) MANAGEMENT DISTRICT PLAN. [100-20121 Public Information Manager Finnigan provided the staff report and indicated that no protests have been received. Mayor Gardner opened the public hearing. Volume 60 - Page 439 City of Newport Beach City Council Minutes April 24, 2012 Jim Mosher expressed his reasons for opposing the expansion of the IATBTBID, discussed why he believes that the City is misinterpreting the State's Business Improvement District (BID) law, and took issue that NBTBID meetings are not open to the public. Hearing no further testimony, Mayor Gardner closed the public hearing. Motion by Council Member Hill, seconded by Mayor Pro Tern Curry to adopt Resolution No. 2012 -28, amending the NBTBID Management District Plan. 7 _ Council Member Hill congratulated the success of Visit NewportjBeach and the NBTBID, emphasized that the City supports all the BID organizations' through the collection and administering of funds, and indicated that BIDs are important factors to the City's economic development.f The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Gardner, Council Member Selich, XIM MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - 8:10 p.m The agenda for the Regular Meeting Was poste City Hall Bulletin Board located outside of the Building. The amended agenda for the Regula at 2:45 p.m. on the Citj' HAll Bulletin Boardl Beach Administration Build'i'ng. City Clerk r, Mayor Pro Tem Curry, Mayor Henn, Council Mdmber Daigle Vl Recording Secretary r� i r = Mayor Volume 60 - Page 440 2012, at 3:30 p.m. on the rt Beach Administration posted on April 20, 2012, of the City of Newport