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HomeMy WebLinkAbout00 - Regular AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JANUARY 14, 2014 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE REGULAR MEETING — 7:00 P.M. EDWARD D. SELICH Mayor Pro Tern TONY PETROS Council Member NANCY GARDNER Council Member RUSH N. HILL, II Mayor MICHAEL F. HENN Council Member LESLIE DAIGLE Council Member AA 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 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 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. newportbeachoa .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 citycle rk (aD n ewpo rtbeach ca. q ov). PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE JANUARY 14, 2014 REGULAR MEETING - 7:00 P.M. STUDY SESSION — 5:00 p.m. II. CONVENE AT 7:00 P.M. FOR REGULAR MEETING III. ROLL CALL IV. PLEDGE OF ALLEGIANCE V. INVOCATION VI. PRESENTATION Presentation of Cultural Arts Grant Checks VII. 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. VIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) IX. PUBLIC COMMENTS ON CONSENT CALENDAR Public comments are invited on CONSENT CALENDAR (Items 1 — 13). 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. 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. 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. 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, 2 'd Floor, during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeachca.gov. X. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES MINUTES FOR THE DECEMBER 10, 2013 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. B. ORDINANCE FOR ADOPTION 3. MIRAMAR DRIVE CODE AMENDMENT (PA2013 -211) — 2022, 2026, 2032, 2034, 2038, AND 2042 MIRAMAR DRIVE. Conduct second reading and adopt Ordinance No. 2013 -29, An Ordinance of the City Council of the City of Newport Beach Adopting Zoning Code Amendment No. CA2013 -006 to Change the Rear Alley Setback From 6 Feet to 0 Feet for Six Properties on Miramar Drive (PA2013 -211), 1) finding that the 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. CA2013 -006. C. RESOLUTIONS FOR ADOPTION 4. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2014 UNDER THE CITY'S CONFLICT OF INTEREST CODE. Adopt Resolution No. 2014 -1, A Resolution of the City Council of the City of Newport Beach, California, Adopting an Updated Designated Employees List for 2014. 5. CORONA DEL MAR POCKET PARK — ADOPTION OF A RESOLUTION DELEGATING AUTHORITY TO THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT REAL PROPERTY (CAP14- 0026). Adopt Resolution No. 2014 -2, A Resolution of the City Council of the City of Newport Beach Delegating Authority to the City Manager to Execute All Documents and Agreements Related to the Acceptance of Real Property for the Corona del Mar Pocket Park Project. D. CONTRACTS AND AGREEMENTS 6. BAY AVENUE PAVEMENT REHABILITATION — NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4840 (CAP12- 0003). 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. REQUEST TO INSTALL PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT -OF- WAY AT ISLAND AVENUE BAY AND EDGEWATER AVENUE. a) Waive City Council Policy L -7, Encroachments and Bay Access on Buena Vista Boulevard — Edgewater Avenue between Bay Avenue and Fernando, to allow private gates, walls, landscaping and signage within the proposed bridge entry /portal; b) waive City Council Policy L -8, Private Encroachments in the Public Right -of -Way Ending at the Ocean Front or at Newport Bay, to allow the proposed bridge entry /portal at a height of 10 feet, 8 inches tall and low walls to encroach up to 32 feet into the public right -of -way; and c) direct staff to prepare an Encroachment Agreement with Owners for the proposed private improvements within the Edgewater Avenue right -of -way, and authorize the City Manager and City Clerk to execute the Encroachment Agreement. 8. REQUEST TO RETAIN EXISTING PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT -OF -WAY AT 3400 OCEAN BOULEVARD. a) Waive City Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow block walls, railings and entry stairway taller than 3 feet in height within the Marigold Avenue public right -of -way; and b) direct staff to prepare an Encroachment Agreement with property owners for the existing private improvements, and authorize the City Manager and City Clerk to execute the Encroachment Agreement. 9. MEMORANDUM OF AGREEMENT FOR CONSTRUCTION OF THE GIRL SCOUT LEADERSHIP CENTER WITHIN MARINA PARK. a) Approve the Memorandum of Agreement for Construction of the Girl Scout Leadership Center within Marina Park by and between the City of Newport Beach and the Girl Scouts of Orange County (GSOC) defining each party's role for construction of the new GSOC facility; and b) direct the Mayor to execute the Memorandum of Agreement and delegate authority to the City Manager to execute all documents necessary to implement the terms of the Agreement to complete the Girl Scout Leadership Center facility within the City's Marina Park. 10. GEOTECHNICAL AND WATER QUALITY PLAN REVIEW — APPROVAL OF AMENDMENT NO. 1 OF THE PROFESSIONAL SERVICES AGREEMENT WITH BAGAHI ENGINEERING. Approve Amendment No. 1 of the Professional Services Agreement with Bagahi Engineering for contract professional services for an amount not to exceed $720,000. Continued from the December 10, 2013 City Council meeting. E. MISCELLANEOUS 11. PLANNING COMMISSION AGENDA AND ACTION REPORT FOR DECEMBER 19, 2013. Receive and file. 12. APPOINTMENTS BY THE MAYOR TO COUNCIL COMMITTEES, CITY COUNCIL /CITIZENS AD HOC COMMITTEES, JOINT GOVERNMENTAL COMMITTEES, AND CITIZENS ADVISORY COMMITTEES. Confirm the appointments outlined in the staff report. 13. APPOINTMENT OF MEMBER TO THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) ADVISORY BOARD. Appoint Ms. Jessica Prause, representing The Port Theater, to the BID's Advisory Board for Fiscal Year 2013 -2014. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XI. ITEMS REMOVED FROM THE CONSENT CALENDAR XII. PUBLIC COMMENTS 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. XIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIV. PUBLIC HEARING 14. WIRELESS TELECOMMUNICATIONS FACILITIES ORDINANCE — CODE AMENDMENT NO. CA2012 -004 (PA2012 -057). a) Conduct a public hearing, and b) introduce Ordinance No. 2014 -1, An Ordinance of the City Council of the City of Newport Beach Repealing Chapter 15.70 of the Municipal Code and Adopting Zoning Code Amendment No. CA2012 -004 Related to the Regulation of Wireless Telecommunications Facilities (PA2012 -057), 1) finding that the amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) of the CEQA Guidelines and 2) approving Code Amendment No. CA2012 -004, and pass to second reading on January 28, 2014. XV. CURRENT BUSINESS 15. PUBLIC MEETING ON THE RENEWAL OF THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT (NBTBID). Hold a public meeting on the proposed renewal of the N BTB I D. XVI. 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. XVII. ADJOURNMENT — In memory of Myrtle Cox