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Home My WebLink About0 - Agenda41�'W pqv p44 L` C` �' �P 4tl p Rt1 NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH March 11, 2014 4:30 PM CLOSED SESSION -AFTER STUDY SESSION - COUNCIL CHAMBERS CONFERENCE ROOM I. ROLL CALL II. CURRENT BUSINESS 1. Clarification of Items on the Consent Calendar (4:30 p.m.) 2. Balboa Village Theater -Lease Amendment, Contribution (4:35 p.m.) Discuss and provide direction for a Council action later on the evening of March 11, 2014 3. Update on the Transition to Automated Residential Refuse Collection (5:05 p.m.) City staff members and representatives from independent waste and recycling hauler CR &R Environmental Services will update the Council and community on the switch from manual, in- house residential refuse collection to automated, outsourced service. 4. West Newport Facilities Plan (5:15 p.m.) Staff seeks early community and Council input on draft alternative plans for placement of a new community center in the western part of Newport Beach. At least two alternative sites are available, with constraints as well as benefits at each site. The locations of the two corporate yards (on 16th Street and off of Industrial Way) may factor into this decision, so staff will discuss these issues, too. 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 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 speak. Written comments are encouraged as well. SS1 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, 2nd Floor, during normal business hours. In addition, such writings and documents will be posted on the City's website at www. newportbeachca .gov /CouncilAgendas 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 @newportbeachca.gov SS2 CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH March 11, 2014 CLOSED SESSION -AFTER STUDY SESSION - COUNCIL CHAMBERS CONFERENCE ROOM REGULAR MEETING - 7:00 PM RUSH N. HILL, II Mayor EDWARD D. SELICH Mayor Pro Tern TONY PETROS Council Member NANCY GARDNER Council Member 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 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.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 cityclerk @newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE, NEWPORT BEACH March 11, 2014 CLOSED SESSION - AFTER STUDY SESSION - COUNCIL CHAMBERS CONFERENCE ROOM REGULAR MEETING - 7:00 PM I. STUDY SESSION 4:30 p.m. II. CLOSED SESSION After Study Session - Council Chambers Conference Room A. 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). B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 2 matters 1. Property: 5810 West Coast Highway, Newport Beach 92663 Agency negotiator: Dave Kiff and Rob Houston Negotiating parties: E &B Natural Resources and Oxy USA Inc. Under negotiation: Instruction to negotiator regarding price and terms of payment. 2. Properties: APN 423 - 102 -03 and APN 423 - 382 -05 Owners: Lido Pacific, LLC Agency negotiator: Pat Thomas, Deputy Public Works Director Negotiating parties: Lido Pacific, LLC Under negotiation: Instruction to negotiator will concern price and terms of payment. III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION Pastor Eric Heard, Mariners Church IX. PRESENTATION(S) Unveiling of New City Seal Southern California Edison Energy Leader Partnership Gold Level Plaque Presentation Southern California Edison Energy Efficiency Incentive Check Presentation for Dolphin & Tamura Water Wells Improvements Arbor Day Presentation - Rotary Club of Newport Beach 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 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. 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. 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. XIII. CONSENT CALENDAR (ITEMS 1 - 11) A. READING OF MINUTES AND ORDINANCES 11 1. Minutes for the February 25, 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. 3. Adoption of Ordinance No. 2014 -5 Amending Newport Beach Municipal Code Chapter 10.32 Regarding Sound Amplification Permits Conduct second reading and adopt Ordinance 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. 4. Adoption of Ordinance No. 2014 -6 approving Zoning Code Amendment No. CA 2012 -006 for Newport Harbor Yacht Club Located at 720 West Bay Avenue (PA2012 -091) a) Conduct a second reading; b) Find that the project is categorically exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15302 of the CEQA Guidelines; and c) Adopt Ordinance No. 2014 -6 (Staff Report Attachment No. CC1), 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), approving Code Amendment No. CA2012 -006 to increase the development limit for the project site (Anomaly 67) from 20,000 square feet to 25,000 square feet and to change the zoning designation for a few properties within the project site from Single -Unit Residential (R -1) and Two -Unit Residential (R -2) to Private Institutions (PI). C. RESOLUTION(S) FOR ADOPTION 5. Adopt Resolution Removing Existing Two -hour Parking Restrictions on West 16th Street from Babcock Street to Placentia Avenue a) Rescind Resolution No. 2009 -62; and b) Adopt Resolution 2014 -21, A Resolution of the City Council of the City of Newport Beach Limiting the Parking of Vehicles on Certain Streets and Rescinding Resolution No. 2009 -62, for the removal of 21 existing two (2) hour parking restriction on West 16th Street from Babcock Street to Placentia Avenue. 6. Resolution Supporting a Water Quality /Conservation Grant Application Adopt Resolution No. 2014 -22, A Resolution of the City Council of the City of Newport Beach Authorizing and Supporting the Submission of a Grant Proposal for Funding Under the United States Bureau of Reclamation's (USBR) Bay -Delta Restoration Program: Calfed Water Use Efficiency Grant Program. 7. Approval of the Fiscal Year 2013 Urban Area Security Initiative Grant Program Transfer Agreement and Training Funds a) Adopt Resolution No. 2014 -23, A Resolution of the City Council of the City of Newport Beach Approving the Transfer Agreement for Fiscal Year 2013 Urban Area Security Initiative (UASI) Grant Program Purposes ( "Transfer Agreement ") Between the City of Newport Beach and the City of Santa Ana, and authorizing the City Manager and the Fire Chief to act as the "Authorized Agents" to execute for, and on behalf of, the City any actions necessary to implement the Transfer Agreement and obtain federal financial assistance provided by the Federal Department of Homeland Security and sub - granted through the California Emergency Management Agency; b) Accept the 2013 UASI Grant Fund Training Allocation in the amount of $10,242 to be utilized for reimbursement of training costs associated with approved Department of Homeland Security (DHS) courses for emergency response personnel. The City of Santa Ana UASI has designated $10,242 to reimburse the City's approved UASI training instructors to conduct regional training; and c) Approve Budget Amendment No. 14BA -035 increasing revenue estimates by $10,242 in Budget Account Number 1820 -486G; and increasing expenditure appropriations by $10,242 in Account Number 1830 -7041. 8. Amendment No. 1 to the Professional Services Agreement with Anchor QEA, L.P., for Marina Park Biological and Environmental Monitoring Services Contract No. 3897 -H (CAP09.0070) Approve Amendment No. 1 to the Professional Services Agreement (PSA) with Anchor QEA, L.P. of Mission Viejo, California, at a not -to- exceed cost of $113,325.00, and authorize the Mayor and City Clerk to execute the Amendment. 9. First Amended and Restated Employment Agreement for City Clerk Approve and authorize the Mayor and Deputy City Clerk to execute the attached First Amended and Restated Employment Agreement ( "Agreement ") (Staff Report Attachment A) for the City Clerk. E. MISCELLANEOUS 10. Planning Commission Agenda for March 6, 2014 Receive and file. 11. Initiate a Zoning Code Amendment to Modify A -Frame Sign Regulations a) Find this action is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15262 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and b) Initiate an amendment to Title 20 to modify A -frame sign regulations. 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. CONTINUED BUSINESS 12. Balboa Pier Parking Rate Modification (to Comply with Coastal Development Permit No. 5 -13- 0506 to Install Automated Pay Stations); Corrections to Corona del Mar Parking Lot Rates 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 /day maximum Recreational Vehicles - $2.00 /hour, $20 /day maximum, per parking space occupied Buses - 10 -24 passengers - $50 /flat rate; 25+ passengers - $100 /flat rate b) Delegate authority to the City Manager to review and modify the Balboa Pier Parking Lot parking rates annually and that any fee increase or decrease shall be limited to no more than 25% per year and shall not exceed 50% over a 3 -year consecutive period; and c) Clarify the parking rates for Zone 30, Corona del Mar State Beach Parking Lot for Memorial Day, Fourth of July and Labor Day to: Automobiles - $25 /daily flat rate Motorcycles - $12.50 /daily flat rate Recreational Vehicles - $25.00 /daily flat rate per parking space occupied Buses - 10 -24 passengers - $50 /daily flat rate; 25+ passengers - $100 /daily flat rate XVIII. CURRENT BUSINESS 13. Newport Beach Golf Course Telecommunication Facility Permit (PA2013 -181) located at 3100 Irvine Avenue a) Conduct telecom application review; and b) Adopt Resolution No. 2014 -24 (Staff Report Attachment No. CC 1), A Resolution of the City Council of the City of Newport Beach Approving Telecommunications Permit No. TP2013 -008 for a Telecommunications Facility at 3100 Irvine Avenue (PA2013 -181): 1) Finding that the project is categorically exempt pursuant to the State California Environmental Quality Act (CEQA) Guidelines under Section 15303 Class 3 (New Construction or Conversion of Small Structures); and 2) Approving a Telecommunications Permit, subject to findings and conditions of approval. 14. Ordinance 2014 -7, Amending Chapter 6.04 of the Newport Beach Municipal Code; Relating to Solid Waste Collection Introduce Ordinance 2014 -7, An Ordinance of the City Council of the City of Newport Beach Amending Amending Chapter 6.04 of the Newport Beach Municipal Code Relating to Solid Waste Collection and Disposal, and pass to second reading on March 25, 2014. 15. Dolphin Deep Water Well Rehabilitation — Award of Contract No. 5633 A (CAP14 -0037) a) Approve the project plans and specifications; b) Approve Budget Amendment No 14BA -036 appropriating $513,920.00 from the unappropriated Water Fund to Account No. 7524 - C6002015; c) Award Contract No. 5633(A) to General Pump Company for the total bid amount of $436,370.00, and authorize the Mayor and the City Clerk to execute the contract; d) Establish a contingency of $45,000.00 (approximately 10 %) to cover the cost of unforeseen work; and e) Establish $32,550.00 for construction support and monitoring services. 16. Temporary Waiver of Building Plan Check, Building Construction Permit Fees and Other Related City Fees For Existing Single- Family Homes and Duplex Homes (PA2014 -027) a) Find that the action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 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 CEQA; and b) Adopt Resolution No. 2014 -25, A Resolution of the City Council of the City of Newport Beach Establishing `The Newport Dividend" by Temporarily Waiving Building Plan Check, Building Construction Permit Fees and Other Related City Fees to Promote Home Improvement and Beautification Projects. 17. Balboa Village Theater - Lease Amendment, Contribution Council Member Mike Henn's recommendation is that the Council agree in concept to the Foundation's proposal. 18. Agreement with Visit Newport Beach & Company to Manage NBTV Programming and Operations Authorize the City Manager to enter into an agreement with Newport Beach & Company that incorporates the scope of service, terms and guidelines included as attachments to this staff report. XIX. 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. XX. ADJOURNMENT