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HomeMy WebLinkAbout0 - AgendaAMENDED AGENDA (Added Item 23) CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING SEPTEMBER 9, 2014 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 5:00 PM /CLOSED SESSION — AFTER STUDY SESSION/ 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 STEVE BADUM - Assistant City Manager TERRI CASSIDY - Deputy City Manager /Human Resource 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, 200 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 citvclerka_newportbeachca.00v). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH SEPTEMBER 9, 2014 STUDY SESSION - 5:00 PM /CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM z1f] III W07_1II CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar (5:00 p.m.) Items SS2 and SS3 - Parking, parking, parking. We'll present recently- completed parking management studies for the Balboa Village and Corona del Mar to the City Council and community for comment, discussion and direction. One of the studies — for Corona del Mar — is also on the evening's agenda. SS2. Parking Management in Corona del Mar (5:05 p.m.) Receive staff presentation, discuss the Corona del Mar Parking Management Plan (Staff Report Attachment No. CC 4), and provide direction as desired. SS3. Parking Management in Balboa Village (PA2014 -016) (5:35 p.m.) a) Review the proposed materials and provide feedback to staff, and b) Direct staff to schedule a public hearing on October 14, 2014. III. PUBLIC COMMENTS 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 invited on items listed on the agenda and non - agenda items. Speakers must limit comments 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. IV. CLOSED SESSION - After Study Session — Council Chambers Conference Room A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 2 matters Property: 209 Washington St. and 608 East Balboa Blvd., Newport Beach 92661 Agency negotiator: Dave Kiff Negotiating parties: ExplorOcean Under negotiation: Instruction to negotiator regarding price and terms of payment. Property: 3300 Newport Boulevard, Newport Beach (Old City Hall) Agency negotiators: Mayor Rush N. Hill, II, and Mayor Pro Tem Ed Selich Negotiating parties: R.D. Olson Under negotiation: Instruction to negotiator regarding price and terms of payment. B. CONFERENCE WITH LEGAL COUNSEL (Government Code § 54956.9(d)(2) and (e)(1)): 1 matter C. 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); Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Association (NBPTEA); and Part -Time Employees Association of Newport Beach (PTEANB). V. RECESS VI, RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE X. INVOCATION - Frank Carpenter XI. PRESENTATION(S) Proclamation Declaring "World Alzheimer's Month" Check Presentation by the Friends of the Library Check Presentation by Newport/Mesa ProLiteracy Proclamation Declaring "Adult Literacy Awareness Month" Newport Beach Sister City Association XII. 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. XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) XIV. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion. Public comments are invited on Consent Calendar. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. If 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. XV. CONSENT CALENDAR (ITEMS 1 -15 AND 23) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the August 12, 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 the City clerk to read by title only. B. ORDINANCEIS) FOR INTRODUCTION 3. Film Permit Fees Suspension for Six Months Continue to the September 23, 2014 City Council meeting. 4. Ordinance Repealing Resolution No. 2013 -6 and Expressing Intent to Comply with California Senate Bill No. 7 Relating to Prevailing Wage Law for Locally- Funded Public Works Projects Introduce Ordinance No. 2014 -15, An Ordinance of the City Council of the City of Newport Beach, California, Repealing Resolution No. 2013 -6 and Expressing Intent to Comply with Senate Bill No. 7 Relating to Prevailing Wage Law for Locally- Funded Public Works Projects, and pass to second reading on September 23, 2014. C. ORDINANCE(S) FOR ADOPTION 5. Adoption of Updated Recycled Water Rates (Ordinance and Resolution) a) Conduct second reading and adopt Ordinance No. 2014 -13, An Ordinance of the City Council of the City of Newport Beach Amending the Newport Beach Municipal Code to Add Chapter 14.13 Regarding Recycled Water Rates (Staff Report Attachment A); and b) Adopt Resolution No. 2014 -78, A Resolution of the City Council of the City of Newport Beach Adding Recycled Water Rates to the City's Master Schedule of Fees, to remove the existing recycled water commodity rate and add the approved adjusted rates (Staff Report Attachment C). D. CONTRACTS AND AGREEMENTS 6. Amendment No. One to Agreement for Weed Abatement Services Approve the amendment with Southland Landscape Maintenance for weed abatement services at various City -owned properties at an increased annual cost of $29,430, and authorize the Mayor and City Clerk to execute the amendment. Shore Cliffs Property Owners Association Request for Street Tree Up- Lighting and Electrical Appurtenances a) Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow up- lighting and electrical appurtenances for six (6) City -owned Coral street trees on Morning Canyon Road, contingent upon all conditions of the Encroachment Permit process being met; and b) Direct staff to enter into an Encroachment Agreement with the Shore Cliffs Property Owners Association, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. 8. Lifeguard Headquarters Rehabilitation Project - Notice of Completion and Acceptance of Contract No. C4869 (CAP12 -0008) 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. 9. Newport Boulevard and 32nd Street Modification - Approval of Two Irrevocable Offer of Dedications of City Owned Parcels for Roadway Improvement Purposes - Contract C4881 (CAP12 -0009) a) Approve two Irrevocable Offer of Dedications of City owned parcels located at 3300 Newport Boulevard and 3531 Newport Boulevard; and b) Direct the City Manager to execute the Certificates of Acceptance. E. MISCELLANEOUS 10. Planning Commission Agenda and /or Action Report for the August 21, 2014 and September 4, 2014 Meetings Receive and file. 11. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library and Appropriate Funds to the Library's Fiscal Year 201412015 Maintenance and Operation Budget Approve Budget Amendment No. 15BA -009 to increase revenue estimates by $250,000 in Account 4091 -5892 (Friends of the Library Donations) and to increase expenditure estimates by the same amount in Division 4091 (Friends of the Library) and Division 4060 (Literacy Services). 12. Budget Amendment to Accept a Check from Newport/Mesa ProLiteracy and Appropriate Funds to the Library's Fiscal Year 2014/2015 Maintenance and Operation Budget Approve Budget Amendment No. 15BA -010 to increase revenue estimates by $35,000 in account 4010 -5901 (Private Donations) and to increase expenditure estimates by the same amount in Division 4060 (Literacy Services). 13. Acceptance of 2014/2015 State of California, Office of Traffic Safety DUI Enforcement, Awareness and Traffic Safety Programs Grant #PT15114 a) Authorize the City Council to accept a $350,045 "Selective Traffic Enforcement Program" (STEP) award granted to the Newport Beach Police Department by the OTS per Council Policies F -3 and F -25. Therefore, to comply with Council Policy F -3, City Council must formally accept the award of $350,045 and create a new appropriation to expend the money; and b) Approve Budget Amendment No. 15BA -011 increasing Police revenue estimates and expenditure appropriations by $350,045. 14. Unscheduled Vacancy on the City Arts Commission to Serve Until June 30, 2017 a) Declare a vacancy on the City Arts Commission due to the resignation of Michaell Magrutsche; and b) Direct the City Clerk to post and publish a Special Vacancy Notice requesting that applications be submitted by noon on Friday, September 19, 2014, and schedule the appointment by the City Council for October 14, 2014. 15. Direction to Staff on Dog Parks, Harbor Permit Late Fees Direct staff to: a) Ask the Harbor Commission to examine whether provisions of the code and resolutions should be changed regarding late fees or charges for harbor permits or uses at the Balboa Yacht Basin; and b) Ask the Parks, Beaches, and Recreation Commission to look at possible locations for more dog parks, including areas for small dogs, in the community. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED: XVIL 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. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIX. PUBLIC HEARING(S) 16. Community Development Block Grant (CDBG) Program Year 2013 -2014, Consolidated Annual Performance and Evaluation Report (CAPER) a) Hold a public hearing to receive comments on the Program Year 2013 -2014 CAPER; b) Approve the Program Year 2013 -2014 CAPER; and c) Direct the City Manager or his designee to submit the Program Year 2013 -2014 CAPER to HUD. 17. Resolution Declaring a Level One Water Supply Shortage a) Conduct a public hearing allowing the public to be heard on whether the Resolution declaring a Level One water supply shortage should be adopted; b) Adopt Resolution No. 2014 -79, A Resolution of the City Council of the City of Newport Beach Declaring a Level One Water Supply Shortage, setting customer usage to 100% of Base Amount (three -year moving average); and c) Direct the City Clerk to publish Resolution No. 2014 -79 within (10) ten days of adoption of the Resolution. 18. Corona del Mar Parking Management Plan (PA2013 -157) a) Receive public comment; b) Find the Corona del Mar Parking Management Plan is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; c) Approve the Corona del Mar Parking Management Plan (Staff Report Attachment CC 1), and direct staff to implement the eight short-term strategies; and d) Initiate amendments to Title 12 (Vehicles and Traffic) and Title 20 (Zoning Code) of the Newport Beach Municipal Code to implement the Corona del Mar Parking Management Plan parking strategies. 19. Lido House Hotel (PA2013 -217) and Former City Hall Complex Amendments (PA2012 -031) a) Conduct a public hearing; b) Adopt Resolution No. 2014 -80 (Staff Report Attachment CC1), A Resolution of the City Council of the City of Newport Beach Certifying the Lido House Hotel Environmental Impact Report No. ER2014 -003 (SCH No. 2013111022) in Accordance with the California Environmental Quality Act and State and Local Guidelines for the Former City Hall Complex Land Use and Zoning Amendments Located at 3300 Newport Boulevard and 475 32nd Street (PA2012 -031); and the 130 -room Lido House Hotel Located at 3300 Newport Boulevard (PA2013 -217); c) Adopt Resolution No. 2014 -81 (Staff Report Attachment CC2), A Resolution of the City Council of the City of Newport Beach Adopting General Plan Amendment No. GP2012 -002, and Coastal Land Use Plan Amendment No. LC2012 -001, for the Former City Hall Complex Land Use and Zoning Amendments Located at 3300 Newport Boulevard and 475 32nd Street (PA2012 -031); d) Introduce Ordinance No. 2014 -16 (Staff Report Attachment CC3), An Ordinance of the City Council of the City of Newport Beach Approving Code Amendment No. CA2012 -003 for the Former City Hall Complex Land Use and Zoning Amendments Located at 3300 Newport Boulevard and 475 32"d Street (PA2012 -031), and pass to second reading on September 23, 2014; e) Adopt Resolution No. 2014 -82 (Staff Report Attachment CC4), A Resolution of the City Council of the City of Newport Beach Approving Site Development Review No. SD2014 -001, Conditional Use Permit No. UP2014 -004, and Traffic Study No. TS2014 -005 for the 130 -room Lido House Hotel Located at 3300 Newport Boulevard (PA2013 -217); and f) Direct Staff to develop a City program supporting lower -cost visitor accommodations. 20.191 Riverside Avenue Land Use and Zoning Amendments (PA2013 -210) a) Conduct a public hearing; b) Adopt Resolution No. 2014 -74 (Staff Report Attachment CC 1), A Resolution of the City Council of the City of Newport Beach Adopting Negative Declaration ND2013 -003 (SCH No. 2014011028) for 191 Riverside Land Use and Zoning Amendments Located at 191 Riverside Avenue (PA2013 -210), pursuant to the California Environmental Quality Act; c) Adopt Resolution No. 2014 -75 (Staff Report Attachment CC 2), A Resolution of the City Council of the City of Newport Beach Approving General Plan Amendment No. GP2013 -002 and Coastal Land Use Plan Amendment No. LC2013 -003 for Property Located at 191 Riverside Avenue (PA2013 -210); and d) Introduce Ordinance No. 2014 -12 (Staff Report Attachment CC 3), An Ordinance of the City Council of the City of Newport Beach Approving Zoning Code Amendment No. CA2013 -007 for 191 Riverside Land Use and Zoning Amendments Located at 191 Riverside Avenue (PA2013 -210), and pass to second reading on September 23, 2014. XX. CURRENT BUSINESS 21. A Lease Agreement Between the City of Newport Beach and Pacifica Christian High School - Orange County, Authorizing the Lease of the West Newport Community Center at 883 West 15th Street for a Future High School a) Approve and authorize the Mayor to execute a ten -year lease agreement (Staff Report Attachment CC 1) with an annual rent of $289,054.80 per year, with reductions for the City's continued use of the facility, and further adjusted annually by the Consumer Price Index (CPI), with Pacifica Christian High School - Orange County; and b) Approve a waiver of City Council Policy F -7 based on the findings contained in the staff report and in the Lease Agreement (Staff Report Attachment CC 4). 22. Ground Lease with Olson Real Estate Group, Inc., dba R.D. Olson Development for the Former City Hall Property located at 3300 Newport Boulevard a) Find that the draft ground lease is consistent with proposed hotel project analyzed in the Lido House Hotel Environmental Impact Report No. ER2014 -003 (SCH No. 2013111022), the approved Site Development Review No. SD2014 -001, and other related development entitlements; no further environmental analysis is required or necessary; and b) Adopt Resolution No. 2014 -83 (Staff Report Attachment No. CC 1), A Resolution of the City Council of the City of Newport Beach Approving and Authorizing the Mayor and City Clerk to Execute a Ground Lease with R.D. Olson Development to construct a 130 -Room Hotel at the Former City Hall Property located at 3300 Newport Boulevard. XXI. SUPPLEMENTAL ITEMS) 23. Notice of Intent for the Vacation of a Portion of Buena Vista Boulevard Street Right -of -Way (CONSENT CALENDAR) a) Set a Public Hearing on October 14, 2014 for the vacation of a portion of Buena Vista Boulevard public right -of -way; and b) Adopt Resolution No. 2014 -84, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Order the Vacation and Abandonment of a Portion of Street Right -of- Way (Buena Vista Boulevard) Adjacent to and Contiguous with 304 to 350 Buena Vista Boulevard and Fix the Time and Place of a Public Hearing. XXII. 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. XXIII. ADJOURNMENT 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. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.