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HomeMy WebLinkAbout0 - Agendao m�u s a Cq[ /cOrtA�P NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE JANUARY 28, 2014 5:00 P.M. ROLL CALL II. CURRENT BUSINESS CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. (5:00 P.M.) 2. PROPOSED USES AT THE END OF THE NEWPORT PIER. (5:05 P.M.) At a meeting in late 2013, the City Council discussed several options to replace the old concession building at the end of the Newport Pier. Staff will report back today on issues that the Council wanted investigated further, and will seek more direction. The basic alternatives are rebuild /remodel, remove and replace, or remove and don't replace. 3. CITY URBAN RUNOFF WATER QUALITY PROGRAM OVERVIEW. (5:25 P.M.) Staff will present an overview of the city's Urban Runoff Water Quality Program summarizing the program's various components, projects and efforts. We will talk, too, about future goals relating to recreational water quality in Newport Harbor and the Ocean area. Council and community input and questions are always welcomed regarding the program's current or future direction or goals. 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. 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 speah. Written comments are encouraged as well. 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 °a Floor, during normal business hours. In addition, such writings and documents will be posted on the City's website at www. newnortbeachca .00v /CouncilAeendas. This meeting is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the agenda be posted at least 72 hours in advance of each meeting and that the public be allowed to comment on agenda items before the City Council and items not on the agenda but are within the subject matter jurisdiction of the City Council. The City Council may limit public comments to a reasonable amount of time, generally three (3) minutes per person. 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 @newnortbeachca. eov). III. PUBLIC COMMENTS, INCLUDING PUBLIC COMMENTS ABOUT ITEMS ON THE CLOSED SESSION AGENDA Public comments are invited on Study Session and Regular Meeting agenda items, Closed Session items, and 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. IV. ADJOURNMENT -2- NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA REGULAR MEETING JANUARY 28, 2014 XVII. CURRENT BUSINESS S22. ORDINANCE NO. 2014 -2 — MATERIALS BURNED IN BEACH FIRE RINGS. Introduce Ordinance No. 2014 -2, An Ordinance of the City Council of the City of Newport Beach, California Adding Section 11.08.060 to Chapter 11.08 of the Newport Beach Municipal Code Relating to Beach Fire Rings, and pass to a second reading on February 11, 2014. CITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JANUARY 28, 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 09 RUSH N. HILL, Mayor r 41i MICHAEL F. HENN Council Member LESLIE DAIGLE Council Member 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, 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 .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 c i tyc I e r k @newportbeachca . y o v) . PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE JANUARY 28, 2014 REGULAR MEETING - 7:00 P.M. STUDY SESSION — 5:00 p.m. II. CLOSED SESSION — After Study Session - Council Chambers Conference Room A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957) Title: Leilani Brown, City Clerk B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City Manager; 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); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employee Association (NBPTEA); and Part -Time Employee Association of Newport Beach (PTEANB). III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. PLEDGE OF ALLEGIANCE VII. INVOCATION — Frank Carpenter VIII. PRESENTATION Presentation to the Corona del Mar High School Football Team - Division 3 State Champions IX. 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. 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. 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. X. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) XI. PUBLIC COMMENTS ON CONSENT CALENDAR Public comments are invited on CONSENT CALENDAR (Items 1 — 11). 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. XII. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. MINUTES FOR THE JANUARY 14, 2014 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 City Clerk to read by title only. B. ORDINANCE FOR ADOPTION 3. WIRELESS TELECOMMUNICATIONS FACILITIES ORDINANCE — CODE AMENDMENT NO. CA2012 -004 (PA2012 -057). Conduct second reading and adopt 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. C. RESOLUTION FOR ADOPTION 4. RESOLUTION NO. 2014 -3: ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE PART TIME EMPLOYEES ASSOCIATION OF NEWPORT BEACH (PTEANB). Adopt Resolution No. 2014 -3, A Resolution of the City Council of the City of Newport Beach Adopting a Memorandum of Understanding between the City of Newport Beach and the Part-Time Employees Association of Newport Beach. D. CONTRACTS AND AGREEMENTS 5. AGREEMENT WITH ORANGE COUNTY SANITATION DISTRICT (OCSD) PERMITTING A DRY WEATHER URBAN RUNOFF DIVISION TO THE SANITARY SEWER SYSTEM. Approve and authorize the Mayor and City Clerk to execute the OCSD Agreement for Dry Weather Urban Runoff Discharge for the existing Newport Dunes Diversion. 6. OCEAN BOULEVARD AND MARGUERITE AVENUE CONCRETE PAVEMENT RECONSTRUCTION - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ONWARD ENGINEERING (CAP14- 0010). Approve a Professional Services Agreement with Onward Engineering of Anaheim, California, for the Ocean Boulevard and Marguerite Avenue Concrete Pavement Reconstruction project at a not -to- exceed price of $176,300.00, and authorize the Mayor and City Clerk to execute the Agreement. APPROVE AGREEMENT FOR GENERAL MAINTENANCE AND REPAIR SERVICES WITH JOHN M. RABUN. Approve the Agreement with John M. Rabun for as- needed general maintenance and repair services for a three -year term, and authorize the Mayor and City Clerk to execute the agreement. 8. NEWPORT CENTER LIGHTING & LANDSCAPE MAINTENANCE AGREEMENT. a) Authorize the payment of $88,458.86 to The Irvine Company (TIC) representing the City's share of costs for Newport Center utility costs in accordance with the Letter Agreement dated February 5, 1985, between TIC and the City of Newport Beach; b) approve the Newport Center Lighting and Landscape Agreement; and c) approve Budget Amendment No. 14BA -029 appropriating $88,458.86 from the Water Enterprise fund balance reserves to Account No. 5500 -8250. E. MISCELLANEOUS 9. PLANNING COMMISSION AGENDA FOR JANUARY 23. 2014. Receive and file. 10. FINAL DESIGN OF MOBILITIE TELECOMMUNICATIONS PERMIT FOR FAUX EUCALYPTUS TREE MONOPOLE LOCATED AT 2401 IRVINE AVENUE (PA2010 -073). Approve the final design of the Telecom facility. 11. WAIVER OF THE ATTORNEY /CLIENT PRIVILEGE FOR INVESTIGATIVE REPORT IN THE MATTER OF CHRISTINE HOUGAN VS. CITY OF NEWPORT BEACH. City Council waive the Attorney - Client Privilege, subject to a protective order in the Christine Hougan v. Newport Beach litigation, which would allow the investigative report to be produced in said litigation. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. 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. XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVI. PUBLIC HEARINGS 12. RESOLUTION NO. 2014 -6 - MODIFYING THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT'S MANAGEMENT DISTRICT PLAN. a) Conduct public hearing; b) adopt Resolution No. 2014 -6, A Resolution of the City Council of the City of Newport Beach Modifying the Newport Beach Tourism Business Improvement District Management District Plan, to shorten the term. IATI I A 13. RESOLUTION NO. 2014 -7 - RENEWING THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT. a) Conduct public hearing; b) adopt Resolution No. 2014 -7, A Resolution of the City Council of the City of Newport Beach Renewing the Newport Beach Tourism Business Improvement District. 14. APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY VARIANCE NO. VA2013 -002 FOR 417 AND 419 EAST BALBOA BOULEVARD (PA2013 -086). a) Conduct a de novo public hearing; b) find that the action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15270 of the CEQA Guidelines; and c) adopt Resolution No. 2014- 4, A Resolution of the City Council of the City of Newport Beach Upholding the Decision of the Planning Commission and Denying Variance No. VA2013 -002 to Add More than 50 Percent of the Existing Floor Area to a Nonconforming Duplex Located at 417 and 419 East Balboa Boulevard (PA2013 -086). 15. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF DAVIS LOT MERGER AND SETBACK DETERMINATION AND RELIEF REQUEST FROM COUNCIL POLICY L -2 (DRIVEWAY APPROACHES) LOCATED AT 106 6T" STREET AND 524 WEST OCEAN FRONT (PA2013 -176). a) Conduct a de novo public hearing; b) find that the action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines; and c) adopt Resolution No. 2014 -5, A Resolution of the City Council of the City of Newport Beach Denying an Appeal and Upholding the Decision of the Planning Commission and Approving Lot Merger No. LM2013 -003 and Staff Approval No. SA2013 -011 for a Lot Merger and Alternative Setback Determination and Deny the Request for Relief from Council Policy L -2 for Property Located at 106 6" Street and 524 West Ocean Front (PA2013 -176). 16. APPOINTMENT OF NEW PARKS, BEACHES AND RECREATION COMMISSIONER TO FILL AN UNSCHEDULED VACANCY. Appoint Thomas Eastmond, Laird Hayes, Bill Hossfeld, or Michael Melby, as recommended by the Mayor's Ad -Hoc Appointments Committee, to the Parks, Beaches & Recreation Commission to fill the unexpired balance of Jack Tingley's term which expires on June 30, 2015. 17. INITIATION OF AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT POLICY LU 6.5.6 (PA2014 -009). a) Find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and b) initiate an amendment to the General Plan to modify the language of Land Use Element Policy LU 6.5.6. 18. PROPOSED CIVIC CENTER & PARK LANDSCAPE MAINTENANCE CONTRACT WITH PARK WEST. a) Approve a five year maintenance contract with Park West for the continued maintenance of the Civic Center and Park in the amount of $155,652 for the first year, with an allowance of $31,130 for supplemental work as directed by City staff; and b) approve Budget Amendment No. 14BA -28 appropriating $76,746 from the General Fund balance reserves to Municipal Operations Account No. 3170 - 80883. 19 DIRECTION TO STAFF ON VARIOUS ISSUES. Offer specific direction regarding: 1) should the City staff return with a proposed Council Resolution supportive of Mayor Chuck Reed's (Reed is the Mayor of San Jose) statewide initiative that would allow local negotiation of pension benefits for current employees' years not yet worked (among other things); 2) should the City staff return with a proposed Council Resolution opposing efforts to revise Proposition 13 so that commercial properties have their assessed value revised in a different manner than residential properties (aka the "Split Roll "; and 3) should the City staff return with options and concepts for speed reduction and /or traffic calming measures on Tustin Avenue near 23`d Street? 20. AMENDMENT TO AGREEMENT WITH VISIT NEWPORT BEACH, INC. (VNB) FOR TOURISM PROMOTION, BRANDING AND MARKETING SERVICES. a) Authorize the Mayor and City Clerk to execute the Amendment to the 2011 Agreement between the City of Newport Beach (City) and VNB in a manner and form substantially similar to the document attached to the staff report; and b) provide direction on how the City will use the proposed $150,000 in annual public benefit funding provided for in the Amendment to the 2011 Agreement. 21. AMENDMENT TO AGREEMENT WITH VISIT NEWPORT BEACH, INC. (VNB) FOR TOURISM BUSINESS IMPROVEMENT DISTRICT MANAGEMENT. Authorize the Mayor and City Clerk to execute the Amendment to the July 1, 2009 Agreement between the City of Newport Beach and VNB in the manner and form substantially similar to the document attached to the staff report. XVIII. 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. XIX. ADJOURNMENT 5