HomeMy WebLinkAbout00 - Regular AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
REGULAR CITY COUNCIL MEETING
TUESDAY, JANUARY 14, 2014
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE
REGULAR MEETING — 7:00 P.M.
EDWARD D. SELICH
Mayor Pro Tern
TONY PETROS
Council Member
NANCY GARDNER
Council Member
RUSH N. HILL, II
Mayor
MICHAEL F. HENN
Council Member
LESLIE DAIGLE
Council Member
AA KEITH D. CURRY
Council Member
DAVE KIFF - City Manager
AARON HARP - City Attorney
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, 2nd 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. newportbeachoa .gov /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
citycle rk (aD n ewpo rtbeach ca. q ov).
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
JANUARY 14, 2014
REGULAR MEETING - 7:00 P.M.
STUDY SESSION — 5:00 p.m.
II. CONVENE AT 7:00 P.M. FOR REGULAR MEETING
III. ROLL CALL
IV. PLEDGE OF ALLEGIANCE
V. INVOCATION
VI. PRESENTATION
Presentation of Cultural Arts Grant Checks
VII. 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.
VIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE
PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM)
IX. PUBLIC COMMENTS ON CONSENT CALENDAR
Public comments are invited on CONSENT CALENDAR (Items 1 — 13). 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.
Testimony given before the City Council is recorded.
The timing light will turn yellow when the speaker has one minute left.
The timing light 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 'd Floor, during normal business hours. In
addition, such writings and documents will be posted on the City's website at www.newportbeachca.gov.
X. CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
MINUTES FOR THE DECEMBER 10, 2013 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 City Clerk to read by title only.
B. ORDINANCE FOR ADOPTION
3. MIRAMAR DRIVE CODE AMENDMENT (PA2013 -211) — 2022, 2026, 2032, 2034, 2038,
AND 2042 MIRAMAR DRIVE. Conduct second reading and adopt Ordinance
No. 2013 -29, An Ordinance of the City Council of the City of Newport Beach Adopting
Zoning Code Amendment No. CA2013 -006 to Change the Rear Alley Setback From
6 Feet to 0 Feet for Six Properties on Miramar Drive (PA2013 -211), 1) finding that the
amendment is categorically exempt under Section 15305 of the California Environmental
Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations) and 2)
approving Code Amendment No. CA2013 -006.
C. RESOLUTIONS FOR ADOPTION
4. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2014
UNDER THE CITY'S CONFLICT OF INTEREST CODE. Adopt Resolution
No. 2014 -1, A Resolution of the City Council of the City of Newport Beach, California,
Adopting an Updated Designated Employees List for 2014.
5. CORONA DEL MAR POCKET PARK — ADOPTION OF A RESOLUTION DELEGATING
AUTHORITY TO THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY
TO ACCEPT REAL PROPERTY (CAP14- 0026). Adopt Resolution No. 2014 -2, A
Resolution of the City Council of the City of Newport Beach Delegating Authority to the City
Manager to Execute All Documents and Agreements Related to the Acceptance of Real
Property for the Corona del Mar Pocket Park Project.
D. CONTRACTS AND AGREEMENTS
6. BAY AVENUE PAVEMENT REHABILITATION — NOTICE OF COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 4840 (CAP12- 0003). a) Accept the completed work
and authorize the City Clerk to file a Notice of Completion for the project;
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 applicable portions of the Civil
Code; and c) release the Faithful Performance Bond one year after acceptance by the City
Council.
REQUEST TO INSTALL PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT -OF-
WAY AT ISLAND AVENUE BAY AND EDGEWATER AVENUE. a) Waive City Council
Policy L -7, Encroachments and Bay Access on Buena Vista Boulevard — Edgewater
Avenue between Bay Avenue and Fernando, to allow private gates, walls, landscaping and
signage within the proposed bridge entry /portal; b) waive City Council Policy L -8, Private
Encroachments in the Public Right -of -Way Ending at the Ocean Front or at Newport Bay,
to allow the proposed bridge entry /portal at a height of 10 feet, 8 inches tall and low walls
to encroach up to 32 feet into the public right -of -way; and c) direct staff to prepare an
Encroachment Agreement with Owners for the proposed private improvements within the
Edgewater Avenue right -of -way, and authorize the City Manager and City Clerk to execute
the Encroachment Agreement.
8. REQUEST TO RETAIN EXISTING PRIVATE IMPROVEMENTS WITHIN THE PUBLIC
RIGHT -OF -WAY AT 3400 OCEAN BOULEVARD. a) Waive City Council Policy L -6,
Private Encroachments in the Public Rights -of -Way, to allow block walls, railings and entry
stairway taller than 3 feet in height within the Marigold Avenue public right -of -way; and b)
direct staff to prepare an Encroachment Agreement with property owners for the existing
private improvements, and authorize the City Manager and City Clerk to execute the
Encroachment Agreement.
9. MEMORANDUM OF AGREEMENT FOR CONSTRUCTION OF THE GIRL SCOUT
LEADERSHIP CENTER WITHIN MARINA PARK. a) Approve the Memorandum of
Agreement for Construction of the Girl Scout Leadership Center within Marina Park by and
between the City of Newport Beach and the Girl Scouts of Orange County (GSOC) defining
each party's role for construction of the new GSOC facility; and b) direct the Mayor to
execute the Memorandum of Agreement and delegate authority to the City Manager to
execute all documents necessary to implement the terms of the Agreement to complete the
Girl Scout Leadership Center facility within the City's Marina Park.
10. GEOTECHNICAL AND WATER QUALITY PLAN REVIEW — APPROVAL OF
AMENDMENT NO. 1 OF THE PROFESSIONAL SERVICES AGREEMENT WITH
BAGAHI ENGINEERING. Approve Amendment No. 1 of the Professional Services
Agreement with Bagahi Engineering for contract professional services for an amount not to
exceed $720,000. Continued from the December 10, 2013 City Council meeting.
E. MISCELLANEOUS
11. PLANNING COMMISSION AGENDA AND ACTION REPORT FOR
DECEMBER 19, 2013. Receive and file.
12. APPOINTMENTS BY THE MAYOR TO COUNCIL COMMITTEES, CITY
COUNCIL /CITIZENS AD HOC COMMITTEES, JOINT GOVERNMENTAL COMMITTEES,
AND CITIZENS ADVISORY COMMITTEES. Confirm the appointments outlined in the
staff report.
13. APPOINTMENT OF MEMBER TO THE CORONA DEL MAR BUSINESS IMPROVEMENT
DISTRICT (BID) ADVISORY BOARD. Appoint Ms. Jessica Prause, representing The Port
Theater, to the BID's Advisory Board for Fiscal Year 2013 -2014.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED.
XI. ITEMS REMOVED FROM THE CONSENT CALENDAR
XII. PUBLIC COMMENTS
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.
XIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
XIV. PUBLIC HEARING
14. WIRELESS TELECOMMUNICATIONS FACILITIES ORDINANCE — CODE AMENDMENT
NO. CA2012 -004 (PA2012 -057). a) Conduct a public hearing, and b) introduce Ordinance
No. 2014 -1, An Ordinance of the City Council of the City of Newport Beach Repealing Chapter
15.70 of the Municipal Code and Adopting Zoning Code Amendment No. CA2012 -004 Related to
the Regulation of Wireless Telecommunications Facilities (PA2012 -057), 1) finding that the
amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15061(b)(3) of the CEQA Guidelines and 2) approving Code Amendment No. CA2012 -004, and
pass to second reading on January 28, 2014.
XV. CURRENT BUSINESS
15. PUBLIC MEETING ON THE RENEWAL OF THE NEWPORT BEACH TOURISM BUSINESS
IMPROVEMENT DISTRICT (NBTBID). Hold a public meeting on the proposed renewal of the
N BTB I D.
XVI. 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.
XVII. ADJOURNMENT — In memory of Myrtle Cox