CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE
May 28, 2013

REGULAR MEETING - 7:00 PM


KEITH D. CURRY
Mayor

RUSH N. HILL
Mayor Pro Tem

TONY PETROS
Council Member

EDWARD D. SELICH
Council Member 		MICHAEL F. HENN
Council Member

LESLIE J. DAIGLE
Council Member

NANCY GARDNER
Council Member

DAVE KIFF - City Manager
AARON HARP - City Attorney
LEILANI BROWN - City Clerk
STEPHEN BADUM - Assistant City Manager
TERRI CASSIDY - Deputy City Manager/Human Resources Director
DAVE WEBB - 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 held on the second and fourth Tuesdays of each month at 7:00 p.m., except in the months of August and December when there will be at least one regular meeting in August and one regular meeting in December. 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 .

The City of Newport Beach's goal is 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, we will attempt to accommodate you in every reasonable manner.  Please contact Leilani Brown, City Clerk, prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk@newportbeachca.gov ).

  



NEWPORT BEACH CITY COUNCIL AGENDA
 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE
May 28, 2013

REGULAR MEETING - 7:00 PM

I. STUDY SESSION
3:00 p.m.
II. PUBLIC COMMENTS REGARDING CLOSED SESSION

Public comments are invited on Closed Session Agenda items only.  Speakers must limit comments to three (3) minutes.  Before speaking, please state your name for the record.

III. CLOSED SESSION
After Study Session - Council Chambers Conference Room
A.CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter
Property:  1700 W. Balboa Blvd., Newport Beach, CA        
Agency Negotiator:  Dave Kiff        
Negotiating Parties:  Girl Scouts of Orange County        
Under Negotiation:  Instruction to negotiator will concern price and terms of payment.    
B.CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6):
Heading Agency Designated Representatives:  Dave Kiff, City Manager and Terri Cassidy, Human Resources Director; Negotiators        

Employee Organizations:  All Labor Associations:  Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Lifeguard Management Association (NBLMA); Newport Beach Part Time Unit (UPEC, Local 777); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); and Newport Beach Professional and Technical Association (NBPTEA)    
IV.RECESS
V.RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VI.ROLL CALL
VII.CLOSED SESSION REPORT
VIII.PLEDGE OF ALLEGIANCE
IX.INVOCATION
Mr. Frank Carpenter
X.PRESENTATION(S)
Presentation by Southern California Edison of the Savings by Design Incentive Check
XI.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.  If the optional sign-in card has been completed, it should be placed in the box provided at the podium.

The City Council of Newport Beach welcomes and encourages community participation.  Public comments are generally limited to three (3) minutes per person to allow everyone to speak.  Written comments are encouraged as well.  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.

XII.CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM)
XIII.PUBLIC COMMENTS ON CONSENT CALENDAR

Public comments are invited on Consent Calendar.  Speakers must limit comments to three (3) minutes.  Before speaking, please state your name for the record. To the extent that any item is removed from the Consent Calendar by a Council Member, members of the public are invited to speak on each item for up to three (3) minutes per item.

XIV.CONSENT CALENDAR
(AGENDA ITEM NOS. 1-15)

All matters listed under CONSENT CALENDAR 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 request specific items to be discussed and/or removed from the Consent Calendar for separate action.

A.READING OF MINUTES AND ORDINANCES
1.MINUTES FOR THE MAY 14, 2013 STUDY SESSION AND REGULAR MEETING.
Waive reading of subject minutes, approve as written, and order filed.    
2.READING OF ORDINANCES.
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only.
B.ORDINANCE(S) FOR INTRODUCTION
3.CODE AMENDMENT NO. CA2013-002 AMENDING TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE IN RESPECT TO THE PERIODIC REVIEW OF DEVELOPMENT AGREEMENTS (PA2013-082).
Introduce Ordinance No. 2013-10, An Ordinance of the City Council of the City of Newport Beach Amending Chapter 15.45.080 of the Newport Beach Municipal Code Relating to the Periodic Review of Development Agreements (PA2013-082), a) finding that this Code Amendment is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines; and b) approving Code Amendment No. 2013-002, and pass to second reading on June 11, 2013.    
C.ORDINANCE(S) FOR ADOPTION
4.ADOPTION OF ORDINANCE NO. 2013-11 AMENDING VARIOUS PROVISIONS OF THE NEWPORT BEACH MUNICIPAL CODE.
Conduct second reading and adopt Ordinance No. 2013-11, An Ordinance of the City Council of the City of Newport Beach adding, amending and repealing various provisions of the Newport Beach Municipal Code.
5.ADOPTION OF ORDINANCE NO. 2013-12: DISESTABLISHING THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT.
 a) Conduct second reading and adopt Ordinance No. 2013-12, An Ordinance of the City Council of the City of Newport Beach Repealing Ordinance No. 95-50 and Ordinance No. 97-37 and Disestablishing the Marine Avenue Business Improvement District; and b) approve and accept the BID Advisory Board’s recommendation to donate any BID assets located in the public right of way to the City and all other assets to the Balboa Island Improvement Association.
6.ADOPTION OF ORDINANCE NO. 2013-13: DISESTABLISHING THE BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT.
a)Conduct second reading and adopt Ordinance No. 2013-13, An Ordinance of the City Council of the City of Newport Beach Repealing Ordinance No. 95-4 and Ordinance No. 98-4 and Disestablishing the Central Balboa Business Improvement District, aka the Balboa Village Business Improvement District; and b) approve and accept the BID Advisory Board’s recommendation to donate the BID’s assets to the City.
D.CONTRACTS AND AGREEMENTS
7.19TH STREET TIDE GATE RETROFIT - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4773.
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with the applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance.    
8.16TH STREET PUMP STATION AND DOLPHIN AND TAMURA WATER WELLS IMPROVEMENTS – AWARD OF CONTRACT NO. 5196.
a) Approve the project drawings and specifications; b) award Contract No. 5196 to SCW Contracting Corporation of Fallbrook, California, for the total bid price of $773,410.00, and authorize the Mayor and City Clerk to execute the contract; c) establish a contingency of $77,000 (10 percent) to cover the cost of unforeseen work not included in the original contract; and d) authorize the Mayor and City Clerk to execute Amendment No. 2 to Professional Services Agreement with Dudek and Associates of Encinitas, California, on a form approved by the City Attorney for additional construction support services for a not-to-exceed additional fee of $15,580.00.    
9.APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ALTA PLANNING + DESIGN TO PREPARE A CITYWIDE BICYCLE MASTER PLAN.
a) Approve a Professional Services Agreement with Alta Planning + Design of Los Angeles, California,  to create a Bicycle Master Plan for a not-to-exceed fee of $132,785.00, and authorize the Mayor and City Clerk to execute the Agreement; and b) approve Budget Amendment No. 13BA-43 creating a Bicycle Safety Fund Reserve and appropriating $132,785.00 from the Bicycle Safety Improvement Fund to Account No. 7014-C3002024 for preparation of the Bicycle Master Plan and appropriating $8,000 from the Bicycle Safety Improvement Fund to Account No. 7014-C3002025 for the 32nd Street Bike Lane Striping Plan.    
10.APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH RABBEN/HERMAN DESIGN OFFICE FOR ADDITIONAL MARINA PARK DESIGN SERVICES – CONTRACT NO. 3897.
Approve Amendment No. 2 to Professional Services Agreement (PSA) with Rabben/Herman Design Office (RHDO) for Professional Design Services at a not-to-exceed price of $340,925.00, and authorize the Mayor and City Clerk to execute the Amendment.
11.THIRD AMENDMENT TO THE JOINT POWERS AGREEMENT FOR THE METRO CITIES FIRE AUTHORITY.
Approve and authorize the Mayor and City Clerk to execute the Metro Cities Fire Authority Third Amended Joint Powers Agreement.
E.MISCELLANEOUS
12.CONFIRMATION OF VOTING DELEGATE AND ALTERNATE FOR THE 2013 LEAGUE OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE - SEPTEMBER 18-20, 2013, IN SACRAMENTO.
a) Designate Mayor Keith Curry as the City’s Voting Delegate and Mayor Pro Tem Rush Hill as the City’s Alternate Voting Delegate at the annual League conference to be held from September 18-20, 2013, in Sacramento; b) direct the City Clerk to complete and submit the League designation form by Friday, August 23, 2013; and c) authorize Mayor Curry and/or Mayor Pro Tem Hill to attend the annual League conference pursuant to Charter Section 402 and City Council Policy F-8.
13.FINAL TRACT MAP NO. 16774 FOR CONDOMINIUM PROJECT AT 1001 SANTA BARBARA DRIVE.
Review and approve Final Tract Map No. 16774 located at 1001 Santa Barbara Drive pursuant to Section 19.60.010 of the Newport Beach Municipal Code.
14.QUARTERLY BUSINESS REPORT – JANUARY THROUGH MARCH 2013.
Receive and file.
15.SET PUBLIC HEARING DATE TO ADOPT FISCAL YEAR (FY) 2013-14 BUDGET.
Schedule a public hearing of the City’s Proposed Budget for FY 2013-14 on June 11, 2013, and direct the City Clerk to publish a notice of said hearing in accordance with Section 1102 of the Newport Beach Charter.
ACTION:

MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED.

 

XV.ITEMS REMOVED FROM THE CONSENT CALENDAR
XVI.PUBLIC COMMENTS ON NON-AGENDA ITEMS

Public comments are invited on non-agenda items generally considered to be within the subject matter jurisdiction of the City 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 HEARING(S)
16.MARINA PARK COASTAL LAND USE PLAN AMENDMENT NO. LC2012-002 – 1600 WEST BALBOA BOULEVARD.
a) Conduct a public hearing; b) adopt Resolution No. 2013-44, A Resolution of the City Council of the City of Newport Beach Approving Coastal Land Use Plan Amendment No. LC2012-002 to Policy 4.4.2-1, as Modified by the California Coastal Commission in Respect to Marina Park (PA2012-079), that 1) finds the California Environmental Quality Act (“CEQA”) to be satisfied by the May 11, 2010, City Council certification of the Marina Park Project Environmental Impact Report (EIR) (SCH #2008051096) in compliance with the CEQA, the State CEQA Guidelines, and City Council Policy K-3, and 2) approves Coastal Land Use Plan Amendment No. LC2012-002, as modified by the California Coastal Commission.  (Continued from the April 9, 2013 City Council meeting)    
XIX.CURRENT BUSINESS
17.DONATION AGREEMENT WITH CRYSTAL COVE ALLIANCE FOR PHASE III COTTAGE RESTORATION.
a) Authorize the City Manager to enter into a Donation Agreement with Alliance to provide funding for the Project; and b) waive the administrative and Finance Committee grant/funding application review processes located in Resolution No. 2012-117.
18.APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC).
a) Consider the three applications received in the City Clerk’s Office by the May 15, 2013 deadline; and b) make the appointment to the Committee via paper ballot pursuant to City Council Policy A-2 (Board, Commission, and Committee Appointments).
19.INITIATE AMENDMENTS TO THE LAND USE ELEMENT, COASTAL LAND USE PLAN, ZONING CODE, AND/OR ZONING MAP, AND BUDGET AMENDMENT TO TRANSFER FUNDS FROM THE UNAPPROPRIATED GENERAL FUND TO AN EXPENDITURE ACCOUNT (PA2013-098).
a) Initiate an amendment of the General Plan Land Use Element, as well as companion amendments to the Coastal Land Use Plan, Zoning Code, and/or Zoning Map; b) adopt Resolution No. 2013-45, A Resolution of the City Council of the City of Newport Beach Establishing the 2013 Land Use Element Amendment Advisory Committee; and c) approve Budget Amendment No. 13BA-045 to increase expenditure appropriations in the Planning Division’s Professional & Technical Account, 2710-8080, by $500,000 from General Fund unappropriated fund balance.
20.BUDGET AMENDMENT TO UPDATE CERTAIN REVENUES ESTIMATES, AND AUTHORIZE FUND TRANSFERS AND INCREASE EXPENDITURE APPROPRIATIONS.
a) Per Council Policy F-2 (Reserves), approve Budget Amendment 13BA-041 that appropriates the City Manager assignments of fund balance that were the result of Fiscal Year 2011-12 surpluses. The total amount assigned by the City Manager was $13,582,180 and the budget amendment appropriates $5,043,503 (the remaining balance was expended through previous Council appropriations or released to fund balance); b) approve Budget Amendment 13BA-042 that increases General Fund revenue estimates by $6,205,629. This action will align the budget with the revenue estimates that are forecasted through the end of FY 2012-13; and c) approve Budget Amendment No. 13BA-044 that records interfund transfers totaling $25,441,983, and increases General Fund expenditure appropriations by $633,000, Building Excise Tax Fund expenditure appropriations by $500,000, Equipment Fund expenditure appropriations by $542,182, and IT Strategic Fund expenditure appropriations by $861,913.
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
Minutes have not been generated.