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HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE, NEWPORT BEACH February 25, 2014 CLOSED SESSION -AFTER STUDY SESSION - COUNCIL CHAMBERS CONFERENCE ROOM REGULAR MEETING - 7:00 PM EDWARD D. SELICH Mayor Pro Tom TONY PETROS Council Member NANCY GARDNER Council Member NOTICE TO THE PUBLIC RUSH N. HILL, II Mayor MICHAEL F. HENN Council Member LESLIE J. DAIGLE Council Member KEITH D. CURRY 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 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 f II 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: /Aw . newportbeachea .gov /CounciiAgandas. 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, NEWPORT BEACH February 25, 2014 CLOSED SESSION - AFTER STUDY SESSION - COUNCIL CHAMBERS CONFERENCE ROOM REGULAR MEETING - 7:00 PM I. STUDY SESSION 4:00 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 NEGOTIATOR (Government Code § 64957.6) Agency Designated Representatives: Councilmember Michael F. Henn Unrepresented Employee: Leilani Brown, City Clerk C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kid, 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. ROLL CALL IV. PLEDGE OF ALLEGIANCE V. INVOCATION VI. PRESENTATION(S) - NONE 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 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 perperson to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the b'me limit on agenda ornon- 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. 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 peritem. 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. X. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. Minutes for the February 11, 2014 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(S) FOR INTRODUCTION 3. Introduction of Ordinance No. 2014 -5 Amending Newport Beach Municipal Code Chapter 10.32 Regarding Sound Amplification Permits. Introduce and conduct first reading of Ordinance No. 2014 -5, An Ordinance of the City Council of the City of Newport Beach Amending Chapter 10.32 of the Newport Beach Municipal Code Regarding Sound Amplification Permits, and pass it to a second reading on March 11, 2014. C. ORDINANCE(S) FOR ADOPTION 4. Back Bay Landing, Second Reading, 300 East Coast Highway (PA2011 -216). a. Conduct a second reading and adopt Ordinance No. 2014 -3 (Staff Report Attachment No. CC1), An Ordinance of the City Council of the City of Newport Beach Approving Code Amendment No. CA2013 -009 for the Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highway (PA2011 -216), finding that all significant environmental concerns for the proposed project have been addressed in a previously certified Environmental Impact Report No. ER2012 -003 (SCH No. 2012101003) and approving Code Amendment No. CA2013 -009 to expand the boundaries of Planned Community District PC -9; and b. Conduct second reading and adopt Ordinance No 2014 -4 (Staff Report Attachment No. CC2), An Ordinance of the City Council of the City of Newport Beach Approving Planned Community Plan Adoption No. PC2011 -001 for the Approximately 30 Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highway (PA2011- 216), finding that all significant environmental concerns for the proposed project have been addressed in a previously certified Environmental Impact Report No. ER2012 -003 (SCH No. 2012101003) and approving Planned Community Development Plan No. PC2011 -001 to allow for the classification of land within the PC -9 boundaries and establishment of development standards, design guidelines, and procedures for implementation of future project and long -term operation of the site. D. RESOLUTION(S) FOR ADOPTION E. S. Balboa Pier Parking Rate Modification (to Comply with a Recently - Issued Coastal Development Permit to install automated pay stations) Adopt Resolution No. 2014-16, A Resolution of the City Council of the City of Newport Beach Amending Resolution No. 2013 -33 to Modify the Parking Rates for the Balboa Pier Parking Lot and Correct the Holiday Rates for Corona del Mar State Beach Parking Lot, to: a. Modify the parking rates for Zone 29, Balboa Pier Parking Lot, for Memorial Day, Fourth of July and Labor Day to: Automobiles - $2.00 /hour, $20.00 /day maximum Motorcycles - $1.25 /hour, $12.50 1day maximum Recreational Vehicles - $2.00 /hour, $20 1day maximum, per parking space occupied Buses -10 -24 passengers - $50 1flat rate; 25+ passengers - $100 1flat rate. b. Delegate authority to the City Manager to modify the Balboa Pier Parking Lot parking rates annually by no more than 25% and not to exceed 50% over 3 consecutive years. C. Modify Resolution No. 2013 -33 to clarify that the rates for Zone 30, Corona del Mar State Beach Parking Lot for Memorial Day, Fourth of July and Labor Day reads: Automobiles - $25 /daily flat rate Motorcycles - $12.50 1daily flat rate Recreational Vehicles - $25.00 /daily flat rate per parking space occupied Buses - 10 -24 passengers - $50 /daily flat rate; 25+ passengers - $100 1daily flat ra to 6. Central Balboa & Newport Heights Alley and Street Replacement — Completion and Acceptance of Contract No. 4946 (CAP12- 0033). 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 this Council acceptance. 7. Amendment to Professional Services Agreement with Urban Crossroads for Land Use Element Amendment Traffic Impact Analysis. Approve Amendment No. 2 to PSA with Urban Crossroads to provide additional traffic analysis related to the Land Use Element (LUE) Amendment at a not -to- exceed cost of $99,800 and authorize the Mayor and City Clerk to execute Amendment No. 2. 8. Amendment to Professional Services Agreement with Anderson Perna Partners, Inc. for Santa Ana Heights Pavement Rehabilitation Project - Contract No. 4707 (CAP11- 0022). Approve Amendment No. 2 to PSA with Anderson Perna Partners, Inc. to provide additional inspection services related to the Santa Ana Heights Pavement Rehabilitation project at a not -to- exceed cost of $60,000, and authorize the Mayor and City Clerk to execute Amendment No. 2. 9. Big Canyon Diversion - Award of Contract No. 5666 (CAP14- 0029). a. Approve the project drawings and specifications; b. Award Contract No. 5556 to Bali Construction, for the total bid amount of $119,323.58, and authorize the Mayor and the City Clerk to execute the contract; C. Establish a contingency of $12,000.00 (approximately 10 %) to cover the cost of unforeseen work, and d. Approve Budget Amendment No. 14BA -031 appropriating $38,000 from the unappropriated Wastewater Enterprise Fund to 7541- C7002004. F. MISCELLANEOUS 10. Water Taxi and Multiple Vessel Mooring System. a. Direct the Harbor Commission to form an Ad -Hoc Committee to evaluate a pilot program for a possible green, electric water taxi service within the Harbor, and then have the full Harbor Commission review and make a recommendation to the Council on the merits for implementation of such a service, and b. Direct the Harbor Commission to form an Ad -Hoc Committee to evaluate a pilot Multiple Vessel Mooring System including water and power, and then have the full Harbor Commission review and make a recommendation to the Council on the merits for implementation of such a mooring system. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XI. ITEMS REMOVED FROM THE CONSENT CALENDAR XII. 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.. Xlll. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIV. PUBLIC HEARING(S) 11. 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 -17, 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). 12. Uptown Newport Planned Community, Affordable Housing Implementation Plan (AHIP) Amendment (PA2014 -011), Located at 4311.4321 Jamboree Road. a. Conduct a public hearing, and b. Adopt Resolution No. 2014 -18, A Resolution of the City Council of the City of Newport Beach Approving an Amendment of the Affordable Housing Implementation Plan No. AH2O12 -001 for the Uptown Newport Planned Community Located at 4311 -4321 Jamboree Road (PA2014 -011), finding that all significant environmental concerns for the proposed project have been addressed in a previously certified Environmental Impact Report No. ER2012 -001 (SCH No. 2010051094) and approving an amendment of the Uptown Newport Affordable Housing Implementation Plan No. AH2O12 -001 (Staff Report Attachment CC 2). 13. Newport Harbor Yacht Club Located at 720 West Bay Avenue (PA2012 -091). a. Conduct a public hearing, b. Find that the project is categorically exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15302 of the CEQA Guidelines; c. Adopt Resolution No. 2014 -19 (Staff Report Attachment No. CC 1), A Resolution of the City Council of the City of Newport Beach Approving General Plan Amendment No. GP2012 -003 and Coastal Land Use Plan Amendment No. 2012 -003 for Land Use Designation Changes and an Increase in the Development Limit for the Newport Harbor Yacht Club Property located at 720 West Bay Avenue (PA2012 -091); d. Introduce Ordinance No. 2014 -6 (Staff Report Attachment No. CC 2), An Ordinance of the City Council of the City of Newport Beach Approving Zoning Code Amendment No. CA 2012 -006 for Zoning Designation Changes and an Increase in the Development Limit for the Newport Harbor yacht Club Property Located at 720 West Bay Avenue (PA2012 -091), and pass to second reading on March 11, 2014; and e. Adopt Resolution No. 2014 -20 (Staff Report Attachment No. CC 3), A Resolution of the City Council of the City of Newport Beach Approving Minor Use Permit No. UP2012 -016 and Planned Development Permit No. PL2012 -002 for a Replacement Yacht Club Facility for the Properties Located at 720 West Bay Avenue and Rescinding Variance No. VA0863, Use Permit No. UP0652, Use Permit No. UP1517, and Use Permit No. UP3645 for the Newport Harbor Yacht Club (PA2012 -091). XV. CURRENT BUSINESS 14. Mid -Year Budget Amendments: Update Certain Revenue Estimates, Increase Certain Expenditure Appropriations, and Authorize the City Manager to Negotiate and Enter into an Agreement with Motorola for the Acquisition of a Marine Safety Dispatch System. a. Approve Budget Amendment 14BA -032 that appropriates $12 million of General Fund unassigned fund balance, $1.1 million from General Fund increased revenue estimates, and $1.2 million from other funds, including Tidelands Fund, IT Strategic Fund, and Lifeguard Headquarters Fund; b. Approve Budget Amendment 14BA -033 that records an increase to General Fund revenue estimates of $2,821,196, c. Approve Budget Amendment 14BA -034 that creates a new Facilities Maintenance Division in the Municipal Operations Department (MOD). The budget amendment transfers current facilities maintenance appropriations to the new division; and d. Authorize the City Manager to negotiate and enter into a Communications Systems Agreement with Motorola Solutions, Inc. for a Marine Safety Dispatch System (800MHz) to be installed at Lifeguard Headquarters with a not -to- exceed cost of $230,269.81. 16. Priorities for 2014. Approve the list of priorities for 2014 (Staff Report Attachment A). 16. Claims Settlement -C.W. Driver, Bohlin Cywinski Jackson, and City Approve the Settlement Agreement and General Release, in substantially the same form as that staff report attachment, with C.W. Driver, in the amount of $2,399,430 (net new cost to City of $2.19M). 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