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HomeMy WebLinkAbout0 - AgendaU � O ,11I Fo CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL REGULAR MEETING OCTOBER 14, 2014 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - CANCELLED /CLOSED SESSION — CANCELLED/ 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, 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 websne: http://www.newr)ortbeachca.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 citvclerk(a).newportbeachca.aov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH OCTOBER 14, 2014 STUDY SESSION - CANCELLED /CLOSED SESSION - CANCELLED/ REGULAR MEETING - 7:00 PM ; Ks7. 1v1;I k,lwa araQi lamN&I:a:1*111W_1:7Jd:4ml I Ilk Cc! II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV, INVOCATION V. PRESENTATION(S) Sister Cities Visit & Proclamation by Council Members and Citizens of Okazaki, Japan Proclamation Declaring November as "Pancreatic Cancer Awareness Month" "2014 Friend of the Coast" Coastkeeper Award Presentation by the Insurance Service Organization (ISO) Awarding the Building Division with a Class 1 Designation VI. 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. VII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) VIII. 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. IX. CONSENT CALENDAR (ITEMS 1 - 12) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the September 23, 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. RESOLUTION(S) FOR ADOPTION 3. Resolution No. 2014 -86 for Acceptance of Grant Funding for the Surrendered and Abandoned Vessel Exchange (SAVE) from the Division of Boating and Waterways (CAP15 -0039) a) Adopt Resolution No. 2014 -86, A Resolution of the City Council of the City of Newport Beach Accepting a Grant from the State of California's Department of Parks and Recreation's Division of Boating and Waterways for the Surrendered and Abandoned Vessel Exchange Program, the Abandoned Watercraft Abatement Fund, and the Vessel Turn -In Program; b) Authorize the City Manager to execute any and all agreements and documents necessary to allow the City to accept the grant funds awarded by the Division of Boating and Waterways; and c) Approve Budget Amendment No. 15BA -018 recognizing $125,700.00 in grant revenue from the California Division of Boating and Waterways (250 -4871) and appropriating $125,700.00 to Account No. 7251- C4402018 (Abandoned Watercraft Abatement). 4. Resolution No. 2014 -87 - Amending Resolution No. 2014 -52 to Establish the Job Classification and Salary Range for Police Civilian Investigator Approve Resolution No. 2014 -87, A Resolution of the City Council of the City of Newport Beach Amending Resolution No. 2014 -52 and Establishing the Police Civilian Investigator Job Classification and Salary Range, as follows: a) Establish the Police Civilian Investigator job classification at a rate of $4,570 - $6,432 per month; and b) Convert one vacant Crime Scene Investigator position and one Community Services Officer position to Police Civilian Investigator. C. CONTRACTS AND AGREEMENTS 5. Citywide Slurry Seal Program: 2013 -2014 - Notice of Completion and Acceptance of Contract No. 5522 (CAP13 -0023) 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; c) Release the Faithful Performance Bond one year after acceptance by the City Council; and d) Approve Budget Amendment No 15BA -017 reappropriating $100,600 in project savings from the Citywide Slurry Seal Program: 2013 -2014 project in 7013- C2001011 to be used in the Citywide Slurry Seal Program: 2014 -2015 project. 6. Eastbluff Drive /Ford Road Bike Lane Improvements — Notice of Completion and Acceptance of Contract No. 5498 (CAP13 -0030) 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. Back Bay Drive Storm Drain Rehabilitation Project - Award of Contract No. 5284 (CAP13 -0009) a) Approve the project plans and specifications; b) Award Contract No. 5284 to Burtech Pipeline, Inc. ( Burtech) for the Total Bid Price of $426,518.00, and authorize the Mayor and the City Clerk to execute the contract; c) Establish an amount of $64,000.00, approximately 15 percent, to cover the cost of unforeseen work; and d) Approve Budget Amendment No. 15BA -016 transferring $370,000 from 7231- C2502009 (Tidegate Retrofit and Upgrade) to 7231- C2502014 (Storm Drain System Repairs). 8. Consent to Assign Rainbow Disposal's Commercial Solid Waste Nonexclusive Franchise Agreement Approve the Consent to Assign Rainbow Disposal's Commercial Solid Waste Nonexclusive Franchise Agreement. D. MISCELLANEOUS 9. Planning Commission Action Report for the October 2, 2014 Meeting Receive and file. 10. Confirmation of Appointment to the Newport Beach Restaurant Association Business Improvement District (NBRA BID) Appoint Catherine Pavlos' as the 11th member to the NBRA BID Advisory Board of Directors for FY 2014 -2015. 11. Rex Brandt and Joan Irving Commemorative Plaque The City Arts Commission recommends that City Council: a) Reclassify the former Rex Brandt and Joan Irving residence, school, and studio known as Blue Sky from a Structure of Historic Interest (Class 4) to a Point of Historic Interest (Class 5) in the Newport Beach Historic Resource Inventory; and b) Approve the placement of a commemorative marker for Blue Sky. 12. Payment of City's Share of 800 MHz Backbone Project Approve Budget Amendment 15BA -014 to appropriate $114,857.00 for the Fiscal Year 2014- 15 costs associated with the 800 MHz Countywide Coordinated Communications System upgrade. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED: X. 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. XI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XII. PUBLIC HEARING(S) 13. Proposed Amendment to the Zoning Code Regarding A -frame Signs (PA2014 -054) a) Conduct a public hearing; b) Find that the adoption of Code Amendment CA2014 -005 is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15305 and Section 15311 of the CEQA Guidelines; and c) Introduce Ordinance No. 2014 -17, An Ordinance of the City Council of the City of Newport Beach Approving an Amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to Allow A -frame Signs in the Corona del Mar Commercial Zoning Districts (Staff Report Attachment No. CC 1), approving Code Amendment No. CA2014 -005 as revised by the Planning Commission, and pass to second reading on October 28, 2014. 14. Notice of Vacation of a Portion of Buena Vista Boulevard Street Right -of -Way a) Adopt Resolution No. 2014 -89, A Resolution of the City Council of the City of Newport Beach Ordering 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 Directing the City Clerk to Record Same with the County Recorder's Office; b) Direct staff to process the vacation of said right -of -way; c) Authorize the City Manager and City Clerk to execute the restrictive covenant agreement; and d) Direct the City Clerk to have the Resolution, Vacation, and Restrictive Covenant Agreement recorded by the Orange County Recorder. Mill. CURRENT BUSINESS 15. Appointment of a New City Arts Commissioner to Fill an Unscheduled Vacancy Appoint one of the persons that submitted an application to the City Arts Commission to fill the unexpired balance of Michaell Magrutsche's term, which expires on June 30, 2017. 16. Appointment to the Environmental Quality Affairs Committee (EQAC) Appoint either Jack Callahan, Heidi Luedtke, James Mosher, Joan Penfil, or Mark Tabbert to fill the unexpired balance of Joshua Olazabal's term which expires on February 26, 2017. 17. John Wayne Airport Settlement Agreement (JWA) Extension (PA2013 -219) Adopt Resolution No. 2014 -88, A Resolution of the City Council of the City of Newport Beach Authorizing the City Attorney to Execute on Behalf of the City of Newport Beach a Stipulation Amending the John Wayne Airport Settlement Agreement., (a) finding that the Final Environmental Impact Report No. 617 as prepared and certified by the County, as the lead agency, is adequate and completed in compliance with California Environmental Quality Act (CEQA) and the State CEQA Guidelines; (b) finding that the Ninth Supplemental Stipulation to the JWA Settlement Agreement complies with City Council Policy A -17; (c) authorizing the City Attorney to execute the Ninth Supplemental Stipulation to the JWA Settlement Agreement on behalf of the City; and (d) authorizing the Community Development Department to record a Notice of Determination within five working days of adoption of the resolution and pursuant to CEQA Guidelines Section 15096, subdivision (1), with the Clerk of the County of Orange. XIV. 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. XV. 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.