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HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, APRIL 23, 2013 CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE REGULAR MEETING 7:00 P.M. RUSH N. HILL, II Mayor Pro Tern TONY PETROS Council Member EDWARD D. SELICH Council Member KEITH D. CURRY Mayor �iw r"V DAVE KIFF - City Manager MICHAEL F. HENN Council Member LESLIE DAIGLE Council Member CNANCY GARDNER I Council Member 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. 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. 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(cbnewportbeachca. gov). PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE REGULAR MEETING APRIL 23, 2013 7:00 P.M. I. STUDY SESSION — 3:00 p.m. II. CLOSED SESSION — After Study Session - Council Chambers Conference Room A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: Dave Kiff, City Manager B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): Property: 1516 W. Balboa Blvd, Lots 9 & 10, Block 115, Newport Beach, CA Agency negotiator: Dave Kiff, City Manager David W. Webb, Director of Public Works Negotiating parties: Southern California Edison Under negotiation: 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 IX. PRESENTATIONS Presentation of Hoag Hospital Stroke Week Proclamation Presentation of Jazz Appreciation Month Proclamation 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 during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeachca.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 FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM) XII. PUBLIC COMMENTS ON CONSENT CALENDAR Public comments are invited on CONSENT CALENDAR items (1 - 9). 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 (1 - 9) 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 B. MINUTES FOR THE APRIL 9, 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. 3. RESOLUTION NO. 2013 -35: TIDELANDS MANAGEMENT COMMITTEE. a) Adopt Resolution No. 2013 -35, A Resolution of the City Council of the City of Newport Beach Establishing the Tidelands Management Committee, and b) if Resolution No. 2013 -35 is adopted, authorize the Mayor to appoint three (3) City Council Members to serve on the Tidelands Management Committee and designate one of the Members as Chair. The City Council shall review and, if acceptable, confirm the Mayor's appointments. 4. RESOLUTION SUPPORTING SUBMISSION OF GRANT APPLICATIONS UNDER THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) MEASURE M2 ENVIRONMENTAL CLEANUP GRANT PROGRAM. Adopt Resolution No. 2013 -36, A Resolution of the City Council of the City of Newport Beach Authorizing and Supporting Submission of Grant Proposal for Funding Under the OCTA Environmental Cleanup Tier 1 and Tier 2 Grant Program. 5. RESOLUTIONS OF INTENTION TO DISESTABLISH THE BALBOA VILLAGE AND MARINE AVENUE BUSINESS IMPROVEMENT DISTRICTS. a) Adopt Resolution No. 2013 -37, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Disestablish the Balboa Village Business Improvement District and Hold a Public Hearing, and b) adopt Resolution No. 2013 -38, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Disestablish the Marine Avenue Business Improvement District and Hold a Public Hearing. C. CONTRACTS AND AGREEMENTS 6. AMENDMENT NO. ONE TO THE AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT WITH CENTRAL PARKING SYSTEM, INC. ( "CPS ") FOR PARKING METER SERVICES, DATED MAY 22, 2012. Approve and authorize the Mayor and City Clerk to approve an amendment to execute Amendment No. One to the Amended and Restated Professional Services Agreement with CPS for Parking Meter Services. D. MISCELLANEOUS 7. PLANNING COMMISSION AGENDA FOR APRIL 18, 2013. Receive and file. 8. APPOINTMENT OF DISTRICT 4 ALTERNATE MEMBER TO THE AVIATION COMMITTEE. Confirm Council Member Leslie Daigle's nomination of Jock Marlo as the District 4 alternate member to the Aviation Committee. 9. APPOINTMENT BY MAYOR OF AD HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO OCCUR ON JUNE 30, 2013. a) Confirm Mayor Keith Curry's appointment of Mayor Pro Tern Rush Hill, Council Member Nancy Gardner, and Council Member Ed Selich to serve on the Ad Hoc Appointments Committee to review applications and make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 2013, and b) direct the City Clerk to post and publish a Vacancy Notice requesting that applications be submitted by 1:00 p.m. on Wednesday, May 15, 2013; schedule confirmation of nominees to be made on June 11, 2013, and make appointments on June 25, 2013. 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 3 XVII. PUBLIC HEARINGS 10. CODE AMENDMENT NO. CA2013 -001 FOR MIXED -USE ZONING DISTRICTS ON THE BALBOA PENINSULA (PA2013 -020). a) Conduct a public hearing, and b) introduce Ordinance No. 2013 -9, An Ordinance of the City Council of the City of Newport Beach Approving Code Amendment No. CA2013 -001 Modifying the Minimum Lot Area/Density Standard for MU -V (Mixed -Use Vertical), MU- CV /15'b Street (Mixed -Use Cannery Village and 15th Street), and MU -W2 (Mixed -Use Water) Zoning Districts (PA2013 -020), 1) finding that this Code 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. 2013 -001, and pass to second reading on May 14, 2013. 11. COMMUNITY DEVELOPMENT BLOCK GRANT, FISCAL YEAR 2013 -2014 ACTION PLAN (PA2010 -071). a) Hold a public hearing; b) approve the Draft 2013 -2014 Action Plan; and c) adopt Resolution No. 2013 -39, A Resolution of the City Council of the City of Newport Beach Approving the Annual Action Plan which is Part of the Consolidated Plan, and the Projected Use of Community Development Block Grant (CDBG) for FY 2013- 2014, and Superseding All Previous Resolutions which are Inconsistent Therewith (PA2010 -071), adopting the 2013 -2014 Action Plan and finding it is not subject to the California Environmental Quality Act (CEQA), and authorizing the City Manager or designee to: 1) submit the Action Plan to the U.S. Department of Housing and Urban Development (HUD), 2) execute the FY 2013 -2014 CDBG Program Grant Agreement with HUD and all related documents on behalf of the City; 3) execute subrecipient agreements with the nonprofit organizations receiving allocations of CDBG funds in the Action Plan; 4) execute a professional services agreement with a qualified consultant in an amount not to exceed $58,133 to administer the CDBG program and to monitor the City's Affordable Housing Covenants, and 5) be the official representative of the City of Newport Beach to submit required environmental documentation for CDBG projects. 12. DEVELOPMENT AGREEMENT NO. 5 ANNUAL COMPLIANCE REVIEW — 2013 HOAG MEMORIAL HOSPITAL PRESBYTERIAN (PA2009 -064) -1 HOAG DRIVE. a) Conduct a public hearing, b) find that Hoag Memorial Hospital Presbyterian has demonstrated good faith compliance with Development Agreement No. 5, c) find that this annual review is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines; and d) receive and file the Annual Status Report of Development Agreement for Hoag Memorial Hospital Presbyterian. XVIII. CURRENT BUSINESS 13. REVIEW OF THE REQUEST FOR PROPOSAL (RFP) OUTLINE FOR THE RESIDENTIAL SOLID WASTE PROGRAM. Review the Project Plan containing the key elements of the Request for Proposals (RFP) for Residential Solid Waste Services and direct staff to issue the RFP in early May 2013. 14. CITY COUNCIL DIRECTION RELATIVE TO APPOINTEES SERVING ON MULTIPLE BOARDS, COMMISSIONS, OR COMMITTEES. a) Provide direction relative to the current appointments listed in the staff report, and b -1) if the City Council determines that certain appointments are appropriate, authorize individual appointees, by majority vote, to serve on multiple Boards, Commissions or Committees OR b -2) require appointees to select a single Board, Commission or Committee and vacate their other position(s), and direct the City Clerk to advertise for the vacated positions. 0 XIX. XX. 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. ADJOURNMENT— Adjourn in memory of the victims who lost their lives and in acknowledgment of those injured during the Boston Marathon on April 15, 2013