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HomeMy WebLinkAbout0 - AgendaEDWARD D. SELICH, Mayor DIANE B. DIXON, Mayor Pro Tem KEITH D. CURRY, Council Member DUFFY DUFFIELD, Council Member KEVIN MULDOON, Council Member SCOTT PEOTTER, Council Member TONY PETROS, Council Member DAVE KIFF - City Manager AARON HARP - City Attorney LEILANI BROWN - City Clerk CAROL JACOBS - 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. NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach’s equipment must be submitted to the City Clerk 24 hours prior to the scheduled City Council meeting. 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. Study Sessions are usually held on the second and fourth Tuesdays of each month at 4:00 pm (subject to change). 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: 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). CITY OF NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 5:45 P.M./CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 P.M. OCTOBER 27, 2015 STUDY SESSION AND REGULAR MEETING NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH OCTOBER 27, 2015 STUDY SESSION - 5:45 P.M./CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 P.M. I.ROLL CALL - 5:45 p.m. II.CURRENT BUSINESS Clarification of Items on the Consent Calendar (5:45 p.m.)SS1. Proclamation to the Sister Cities Association, Recognition of Delegation from Antibes, France (5:50 p.m.) SS2. Presentation of a Check for $221,125 from the Newport Beach Library Foundation to the Library (6:00 p.m.) SS3. Resident Water Conservation Recognition (6:05 p.m.)SS4. 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 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. IV.CLOSED SESSION - After Study Session - Chambers Conference Room CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) A. Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City Manager, Terri Cassidy, Deputy City Manager, and Jonathan Holtzman; 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). October 27, 2015 Page 2 City Council Meeting CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - LIABILITY CLAIM (Government Code § 54956.9(d)(2), (e)(2) and (e)(3)): 4 matters B. On April 7, 2015, Big Canyon Country Club submitted a claim pursuant to the Tort Claims Act seeking a refund of certain monies paid to the City of Newport Beach for recycled water. Pursuant to Government Code Section 54957.5, a copy of the claim is available at the City Clerk ’s Office, 100 Civic Center Drive, Newport Beach, CA 92660. Additionally, there are only three other customers that received recycled water from the City of Newport Beach based upon the rate of 80% of the cost of potable water and have the potential to file a claim and initiate litigation against the City to recover the difference between the 80% rate and the new lower priced recycled water rate provided in Newport Beach Municipal Code Chapter 14.13. The three other customers are Newport Beach Country Club, Our Lady Queen of Angels Church, and the Newport Mesa Unified School District. 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 - Pastor Christian Mungai, Mariners Church Irvine XI.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. XII.CITY COUNCIL ANNOUNCEMENTS (NON-DISCUSSION ITEM) XIII.MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA XIV.PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1-13). Public comments are also 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. October 27, 2015 Page 3 City Council Meeting 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 READING OF MINUTES AND ORDINANCES Minutes of the October 13, 2015 Study Session and Regular Meeting1. Waive reading of subject minutes, approve as written, and order filed. Reading of Ordinances2. Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. RESOLUTION FOR ADOPTION Summary Vacation of Existing Sewer Easement at 729, 731 and 735 Saint James Road, and 730 and 734 Saint James Place 3. a)Adopt Resolution No. 2015-83, A Resolution of the City Council of the City of Newport Beach, California, Declaring City’s Vacation of an Existing 10-Foot Wide Sewer Easement Crossing Lots 15, 16, 17, 18, and 19 of Tract No. 1218; and Directing the City Clerk to Record Same with the County Recorder’s Office; b)Direct staff to process the summary vacation of said easement; and c)Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. Adopt Resolutions for Inclusion of Properties within the City’s Jurisdiction in the California Home Finance Authority PACE Programs and Associate Membership Agreement in California Home Finance Authority 4. a)Find these actions are not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines; b)Authorize the Mayor and City Clerk to execute the Amended and Restated Joint Exercise of Powers Agreement of the California Home Finance Authority joining as an Associate Member; c)Adopt Resolution No. 2015-84, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the City’s Consent to Inclusion of Properties within the City’s Jurisdiction in the California Home Finance Authority Community Facilities District No. 2014-1 (Clean Energy) to Finance Renewable Energy Improvements, Energy Efficiency and Water Conservation Improvements and Electric Vehicle Charging Infrastructure and Approving Associate Membership in the Joint Exercise of Powers Authority Related Thereto; and d)Adopt Resolution No. 2015-85, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the City’s Consent to Inclusion of Properties within the City’s Jurisdiction in the California Home Finance Authority Program to Finance Renewable Energy Generation, Energy and Water Efficiency October 27, 2015 Page 4 City Council Meeting Improvements, Electric Vehicle Charging Infrastructure, and Approving Associate Membership in the Joint Exercise of Powers Authority Related Thereto. City Council Policy F-9 (City Vehicle Equipment and Guidelines)5. a)Approve Resolution no. 2015-72, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy F-9 (City Vehicle/Equipment Replacement Guidelines); and b)Direct staff to return to the Finance Committee and then to a future Council meeting to review useful lives of vehicles and equipment. Marina Park Parking - Establish Marina Park Parking Lots Hours, Approve the Marina Park Daily Parking Permit, and Exempt Master and Annual Permit Parking from Marina Park Parking Lots 6. a)Adopt Resolution No. 2015-86, A Resolution of the City Council of the City of Newport Beach, California, Amending Resolution No. 2000-38, to Establish the Hours of Operation for the Marina Park Parking Lots; b) Adopt Resolution No. 2015-87, A Resolution of the City Council of the City of Newport Beach, California, Establishing the Marina Park Daily Parking Permit; c) Adopt Resolution No. 2015-88, A Resolution of the City Council of the City of Newport Beach, California, Amending Resolution No. 2011-110, to Exclude Marina Park Parking Lots from Master Parking Permit Use; and d) Adopt Resolution No. 2015-89, A Resolution of the City Council of the City of Newport Beach, California, Amending Resolution No. 2011-109, to Exclude Marina Park Parking Lots from Annual Parking Permit Use. Professional Services Agreement with Basin Marine, Inc. for Marina Management Services at Marina Park 7. a)Approve and authorize the Mayor and City Clerk to execute a Professional Services Agreement with Basin Marine, Inc. for Marina Management Services at Marina Park for $367,200 for two years; b)Approve Resolution No. 2015-90, A Resolution of the City Council of the City of Newport Beach, California, Setting Fair Market Value Rent for Transient Boat Slips at Marina Park; and c)Approve Resolution No. 2015-91, A Resolution of the City Council of the City of Newport Beach, California, Approving a Model Guest Slip Agreement for Short Term Slip Rentals at Marina Park. CONTRACTS AND AGREEMENTS Approval of Amendment No. 2 to the Professional Services Agreement with AECOM for Planning Services Associated with the Balboa Island Seawall Project 8. Approve Amendment No. 2 to the Professional Services Agreement with AECOM (formerly URS Corporation) of Long Beach, California at a cost $22,700.00, and authorize the Mayor and City Clerk to execute the Agreement. October 27, 2015 Page 5 City Council Meeting Semeniuk Slough Dredging Project - Amendment No. 1 to the Professional Services Agreement with Noble Consultants, Inc. 9. Approve Amendment No. 1 to the Professional Services Agreement with Noble Consultants, Inc., (Noble) of 2201 Dupont Drive, Suite 830, Irvine, CA 92612-7509, to perform topographic and bathymetric surveys, modify contract documents, and modify permit applications to extend the limits of dredging within Semeniuk Slough to include clearing the box culvert (owned by Caltrans) that drains into the Semeniuk Slough at a not -to-exceed cost of $56,972.00 and, authorize the Mayor and City Clerk to execute the Agreement. MISCELLANEOUS Budget Amendment to Accept a Check in the Amount of $221,125 from the Newport Beach Public Library Foundation and Appropriate Funds to the Library’s Fiscal Year 2015/2016 Maintenance and Operation Budget 10. Approve Budget Amendment No. 16BA-010 to increase revenue estimates by $221,125 in Account 0106051-511085 (Library Foundation) and to increase expenditure estimates by the same amount in Division 0106051 (Library Foundation) and Division 01060604 (Literacy Services). Confirm Nominations to the Visit Newport Beach, Inc. Executive Committee11. Confirm the nominations of Dennis O'Neil and Douglas Wood to fill the member position on the VNB Executive Committee with an effective appointment date of December 14, 2015, for the sole purpose of calculating the start date of the four year term. Confirm Nominations to Fill the Unscheduled Vacancy on the City Arts Commission 12. Confirm the nominations of Michael Kerr and Jennifer Van Bergh to fill the unexpired balance of Charles Ware's term on the City Arts Commission. Cultural Arts Grants, 2015/1613. Approve recommended recipients for FY 2015/16 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Council Policy I -10 - Financial Support for Culture and the Arts. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI.ITEMS REMOVED FROM THE CONSENT CALENDAR XVII.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 October 27, 2015 Page 6 City Council Meeting XIX.PUBLIC HEARING Balboa Resident Preferential Parking Program (PA2014-016)14. a)Conduct a public hearing; and b)Authorize the submission of a Coastal Development Permit application to the California Coastal Commission for the approval of the Balboa Resident Preferential Parking Program. Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150) 15. a)Conduct a public hearing; b)Find this review exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this review enforces an entitlement for use adopted by the City and has no potential to have a significant effect on the environment; c)Find that Sober Living by the Sea has demonstrated good faith compliance with the terms of the Zoning Implementation and Benefit Agreement; and d)Receive and file documents submitted by Sober Living by the Sea to demonstrate good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement. Newport Center Planned Community Amendments and Transfer of Development (PA2015-109) 16. a)Conduct a public hearing; b)Find the proposed amendments to the Block 500, Corporate Plaza and Corporate Plaza West Planned Community District Regulations and the transfer of development are exempt from, and are not subject to, the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; c)Find the proposed amendment of the North Newport Center Planned Community exempt from CEQA pursuant to Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines; d) Adopt Resolution No. 2015-92, A Resolution of the City Council of the City of Newport Beach, California, Approving Transfer of Development No. TD2015-001 (PA2015-109); e)Introduce Ordinance No. 2015-31, An Ordinance of the City Council of the City of Newport Beach, California, Approving Planned Community Development Plan Amendment No. PD2015-001 Amending the Corporate Plaza, Corporate Plaza West, and Block 500 Planned Community District Regulations (PA2015-109), and pass to second reading on November 10, 2015; and f)Introduce Ordinance No. 2015-32, An Ordinance of the City Council of the City of Newport Beach, California, Approving Planned Community Development Plan Amendment No. PD2015-001 Amending the North Newport Center Planned Community Development Plan (PA2015-109), and pass to second reading on November 10, 2015. October 27, 2015 Page 7 City Council Meeting 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. XXI.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.