HomeMy WebLinkAbout00 - Regular AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
REGULAR CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 24, 2013
CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE
REGULAR MEETING - 7:00 P.M.
KEITH D. CURRY
Mayor
RUSH N. HILL, II MICHAEL F. HENN
Mayor Pro Tem eo Council Member
TONY PETROS . LESLIE DAIGLE
Council Member � Council Member -4 A
EDWARD D. SELICH I -4 NANCY GARDNER
Council Member A Council Member
DAVE KIFF - City Manager
AARON HARP - City Attorney
lo LEILANI BROWN - City Clerk
STEVE BADUM - Assistant City Manager
TERRI CASSIDY - Deputy City Manager /Human Resource 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 located at
100 Civic Center Drive, Bay E, 2ntl Floor. 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 .aov /CouncilAgendas.
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
citvclerk(a)newportbeachca.aov).
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
REGULAR MEETING
SEPTEMBER 24, 2013
7:00 P.M.
I. STUDY SESSION — 3:30 p.m.
II. CLOSED SESSION — After Study Session - Council Chambers Conference Room
The City Council will meet in closed session to discuss the agenda items and issues listed below.
Prior to entering Closed Session, the City Council welcomes public comments on these items and
issues. Public comments are generally limited to three (3) minutes per person for all closed
session agenda items.
A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6):
Heading Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy,
J.D., Deputy City Manager /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)
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957)
Title: Aaron C. Harp, City Attorney
III. RECESS
IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Vl. CLOSED SESSION REPORT
VII. PLEDGE OF ALLEGIANCE
VIII. INVOCATION — Mr. Frank Carpenter
IX. PRESENTATIONS
West Marine Welcome Proclamation
FEMA's 2012 Individual and Community Preparedness Awards for Outstanding
Community Emergency Response Team Initiatives and Champions of Change
Testimony given before the City Council is recorded.
The time will turn yellow when the speaker has one minute left.
The time will turn red when the speaker has 10 seconds left.
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 100 Civic Center Drive, Bay E, 2 n Floor, during
normal business hours. In addition, such writings and documents will be posted on the City's website at
www.newportbeachea.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 City 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.
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD
LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM)
XII. PUBLIC COMMENTS ON CONSENT CALENDAR
Public comments are invited on CONSENT CALENDAR (Items 1 - 7). 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.
All matters listed under CONSENT CALENDAR are considered to be routine and will all be
enacted by one motion in the form listed below. The City Council has 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.
XIII. CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
MINUTES FOR THE SEPTEMBER 10, 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 FOR ADOPTION
3. ADOPTION OF ORDINANCE NO. 2013 -17 AMENDING TITLE 19 OF THE
NEWPORT BEACH MUNICIPAL CODE TO REVISE THE REQUIRED
FINDINGS FOR LOT MERGERS (PA2013 -172). Conduct second reading and
adopt Ordinance No. 2013 -17, An Ordinance of the City Council of City of
Newport Beach Approving an Amendment to Title 19 of the Municipal Code
(Subdivisions) to Revise Findings Required for Mergers of Contiguous Lots.
C. RESOLUTION FOR ADOPTION
4. CITY OF NEWPORT BEACH ENERGY ACTION PLAN. Adopt Resolution
No. 2013 -68, A Resolution of the City of Newport Beach Adopting an Energy
Action Plan, and direct City staff to proceed with implementation.
D. CONTRACTS AND AGREEMENTS
5. K STREET /EAST BAY AVENUE CONCRETE PAVER ALLEY IMPROVEMENT.
Approve Budget Amendment No. 14BA -015 recognizing $75,000.00 contribution
from the residents in Revenue Account No. 250 -5901 and appropriating
$75,000.00 to CIP Account No. 7251- C2002057; and appropriating $55,240.00
from the unappropriated General Fund to CIP Account No. 7013- C2002057.
6. APPROVAL OF MAINTENANCE AGREEMENT FOR ALLEY SWEEPING
SERVICES. Approve a Maintenance Agreement for Alley Sweeping Services
with AGO Industries, Inc. dba SoCal Property Services of Costa Mesa, and
authorize the Mayor and City Clerk to execute the agreement.
E. MISCELLANEOUS
PLANNING COMMISSION AGENDA FOR SEPTEMBER 19, 2013. Receive
and file.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR,
EXCEPT FOR THOSE ITEMS REMOVED.
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR
XV. 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.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
XVII. PUBLIC HEARINGS
8. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT (CAPER) PROGRAM YEAR 2012-
2013. a) Hold a public hearing to receive comments on the Program Year 2012 -2013
CAPER; b) approve the Program Year 2012 -2013 CAPER; and c) direct the City
Manager or his designee to submit the Program Year 2012 -2013 CAPER to the U.S.
Department of Housing and Urban Development (HUD).
9. 2014 -2021 HOUSING ELEMENT UPDATE (PA2012 -104). a) Conduct a public hearing;
and b) adopt Resolution No. 2013 -69, A Resolution of the City Council of the City of
Newport Beach Adopting the 2014 -2021 Housing Element Update (PA2012 -104) to
1) find that all significant environmental concerns for the proposed project have been
addressed in the previously adopted Negative Declaration SCH No. 2011091088, and
2) adopt the 2014 -2021 Housing Element.
XVIII. CURRENT BUSINESS
10. APPOINTMENT OF A NEW BALBOA VILLAGE ADVISORY COMMITTEE (BVAC)
MEMBER TO REPRESENT THE CENTRAL NEWPORT BEACH COMMUNITY
ASSOCIATION. Appoint one person from the applicant list provided in the staff report to
BVAC to fill the unexpired balance of Laura Keane's term which expires on December 31,
2016.
r4 0.1
11. CONSIDERATION OF ORDINANCE AMENDING NEWPORT BEACH MUNICIPAL
CODE SECTIONS 17.35.020(F) AND 17.60.060 RELATING TO PIERS THAT
ENCROACH IN FRONT OF ADJACENT PROPERTIES AND COMMERCIAL
INDEMNITY, RESPECTIVELY. a -1) Introduce Ordinance No. 2013 -15, An Ordinance of
the City Council of City of Newport Beach Amending Sections 17.35.020(F) and
17.60.060 of the Newport Beach Municipal Code to Allow Certain Administrative
Transfers of Tidelands Permits and to Require Commercial Tidelands Users to Defend
and Indemnify the City of Newport Beach, and pass to second reading on September 24,
2013; OR a -2) do not amend the Newport Beach Municipal Code and maintain the
current process.
12. JOHN WAYNE AIRPORT (JWA) SETTLEMENT AGREEMENT ENVIRONMENTAL
IMPACT REPORT (EIR) BUDGET AMENDMENT. a) Find that the Budget Amendment
is not subject to the California Environmental Quality Act (CEQA) pursuant to Section
15060(c)(2) of the CEQA Guidelines; and b) approve Budget Amendment No. 14BA -014
to increase expenditure appropriations in the City Council's Airport Management Division
Budget, Professional & Technical Account, 0121 -8080, by $525,696, from the General
Fund unappropriated fund balance.
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 Ron Hendrickson and Ray Williams