Loading...
HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL REGULAR MEETING FEBRUARY 24, 2015 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION — 4:00 PM /CLOSED SESSION — AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM EDWARD 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 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, 2 "d 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 citvclerk(@.newoortbeachca.aov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH FEBRUARY 24, 2015 STUDY SESSION - 4:00 PM /CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM ROLL CALL — 4:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar (4:00 p.m.) SS2. OC Sanitation District— Newport Force Main Project (Mariner's Mile) (4:05 p.m.) Council members have asked staff from the Orange County Sanitation District (OCSD) to update the community on progress and hurdles with the current Newport Force Main Project going along Coast Highway between Dover Drive and Newport Boulevard. SS3. Transportation Corridor Agencies (TCA) - San Joaquin Hills Corridor Refinancing (4:20 p.m.) Staff from the TCA have asked to update the Council on recent actions by the TCA Board to refinance debt associated with State Route 73. SS4. Options for Regulation of Water Propelled Vessels (4:35 p.m.) The City had a recently- expired moratorium on new permits for companies offering rides on water - propelled devices that can elevate riders up from the water via a jet -pack or jet- board. Today, only one company operates inside the Harbor's boundaries. Staff will present the Harbor Commission's recommendation (which is to only allow this activity in the ocean) and ask for Council guidance on what to do next. 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. IV. CLOSED SESSION — After Study Session - Council Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager; Negotiator. 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 City (NBPTEA); and Part-Time Employee Association of Newport Beach (PTEANB). City Council Meeting February 24, 2015 Page 2 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a), (d)(1)): 2 matters Pacific Shores Properties, LLC, at al. v. City of Newport Beach Newport Coast Recovery, LLC, et al. v. City of Newport Beach United States District Court, Central District Case Nos. CV 08- 00457 -JVS (RNBx) & CV 09-00701 - JVX (RNBx) United States Court of Appeals, 9'h Circuit Case Nos. 11 -55460 & 11 -55461 Woody's Group, Inc. v. City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2013 - 00687091 California Court of Appeal, Division 3, Case No. 4th Civ. G050155 C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: APNs 114 - 170 -09 and 114 - 170 -70, more commonly referred to as Semeniuk Slough Agency Negotiator: Lauren Wooding, Real Property Administrator Negotiating Party: Sabahan Good Land Holdings, LLC and Kamari Bauer Land Holdings, LLC Under Negotiation: Price and terms of payment V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Vlll. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE X. INVOCATION - Dr. Roger Tirabassi, Viewpoint Church XI. PRESENTATION(S) - NONE 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) City Council Meeting February 24, 2015 Page 3 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 - 11) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the January 31, 2015 City Council Planning Session, and the February 10, 2015 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. ORDINANCES) FOR INTRODUCTION 3. Massage Establishment Regulations a) Introduce Ordinance No. 2015 -2, An Ordinance of the City Council of the City of Newport Beach Amending Newport Beach Municipal Code Chapter 5.50 Regulating Massage Establishments, and repealing NBMC Chapter 5.64 regulating holistic health practitioners, and pass to second reading on March 10, 2015; and b) Adopt Resolution No. 2015 -9, A Resolution of the City Council of the City of Newport Beach Amending the Master Fee Schedule to Eliminate Outdated Massage Fees, which will remove nine (9) outdated massage technician fees. C. ORDINANCE(S) FOR ADOPTION 4. Zoning Code Amendment to Modify the Standards and Process for Reviewing Building Additions to Nonconforming Structures for Second reading (PA2014 -083) Conduct a second reading and adopt Ordinance No. 2015 -3, 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 Revising the Amount of Floor Area Additions Allowed to Nonconforming Structures (PA2014 -083), approving Code Amendment No. CA2014 -004 (Staff Report Attachment No. CC1). D. RESOLUTION(S) FOR ADOPTION 5. Resolution Endorsing the Application for an Urban Streams Restoration Program Grant Application Adopt Resolution No. 2015 -11, A Resolution of the City Council of the City of Newport Beach Endorsing the Application for an Urban Streams Restoration Program Grant, and Determining Appropriate Environmental Impact Document, Conditionally Accepting Grant if Offered, and Designating Project Representative, Contract Manager, and Fiscal Agent. City Council Meeting February 24, 2015 Page 4 6. Approval of a Transfer Agreement for the FY 2014 Urban Area Security Initiative (UASI) Grant Program a) Adopt Resolution No. 2015 -12, A Resolution of the City Council of the City of Newport Beach Approving the Transfer Agreement for the Fiscal Year 2014 Urban Area Security Initiative Grant Program Purposes between the City of Newport Beach and the City of Anaheim, approving the Agreement for Transfer or Purchase of Equipment/Services or for Reimbursement of Training Costs for FY 2014 Urban Areas Security Initiative ( "Transfer Agreement ") and authorizing the City Manager and the Fire Chief to act as the "Authorized Agents" to execute for, and on behalf of, the City any actions necessary to implement the Transfer Agreement and obtain federal financial assistance provided by the Federal Department of Homeland Security (DHS) and sub - granted through the California Office of Emergency Services (Cal OES); b) Accept the FY 2014 UASI Grant Fund Training Allocation in the amount of $3,449 to be utilized for reimbursement of training costs associated with approved DHS courses for emergency response personnel. The City of Anaheim UASI has designated $3,449 to reimburse the City's approved UASI training instructors to conduct regional training; and c) Approve Budget Amendment No. 15BA -035 to accept UASI grant funds, increase revenue estimates by $3,449 in account 18- 20 -486G, and increasing expenditure appropriations by $3,449 in account 1830 -7041. E. CONTRACTS AND AGREEMENTS Storm Drain Trash and Debris Interceptor Project - Notice of Completion and Acceptance of Contract No. 5551 (CAP14 -0039) 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. 8. Request to Install Private Improvements within the Ocean Boulevard Public Right -of- Way at 3335 Ocean Boulevard a) Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow construction of a new 2.33 foot tall retaining wall and appurtenances that encroaches in excess of 1 -foot into the Ocean Boulevard right -of -way, contingent upon all conditions of the Encroachment Permit process being met; and b) Direct staff to enter into an Encroachment Agreement with the Owners, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. 9. Request to Retain Private Improvements within the Ocean Boulevard Public Right -of- Way at 3415 and 3425 Ocean Boulevard a) Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to retain an existing stacked stone wall with a maximum height of 3 -feet that encroaches in excess of 1 -foot into the Ocean Boulevard right -of -way, contingent upon all conditions of the Encroachment Permit process being met; and b) Direct staff to enter into an Encroachment Agreement with the Owners, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. City Council Meeting February 24, 2015 Page 5 10. Amendment to Joint Agreement for the Operation, Maintenance and Financial Management of the Orange County 800 MegaHertz Countywide Coordinated Communications Systems Approve the terms of the Amendment to the Joint Agreement for the Operation, Maintenance, and Financial Management of the 800 Megahertz Countywide Coordinated Communications System. F. MISCELLANEOUS 11. Planning Commission Agenda for the February 19, 2015 Meeting Receive and file. 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 XIX. PUBLIC HEARING(S) 12. Balboa Island Residential Condominium Prohibition Code Amendment Due to an error in the publication of the public hearing notice, staff recommends that this item be continued to March 10, 2015, City Council meeting. XX. CURRENT BUSINESS 13. Transfer of Development Rights within the North Newport Center Planned Community (PA2014 -212) a) Find the proposed transfer of development rights is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 15268 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, which exempts ministerial projects from the requirements of CEQA; and b) Adopt Resolution No. 2015 -13, A Resolution of the City Council of the City of Newport Beach Approving the Transfer of Development Rights No. TD2014 -002 within the North Newport Center Planned Community (PA 2014 -212) (Staff Report Attachment CC1), approving the following transfers of development rights: 1) 83,453 square feet of regional commercial intensity from Fashion Island to Block 100; 2) 16,500 square feet of theater seat intensity from Fashion Island to Block 100; 3) 12,656 square feet of regional commercial intensity from Fashion Island to Block 600; and 4) 134 square feet of general office intensity from Block 500 to Block 600. 14. Lido Partner Settlement Agreement Approve the Settlement Agreement between the City and Lido Partners. City Council Meeting February 24, 2015 Page 6 15. Mid -Year Budget and Staffing Update with Recommendations to Revise Certain Revenue Estimates, Increase one Expenditure Appropriation, and Fund Transfers and Adopt a Resolution Amending Resolution No. 2014 -52 (Budget Resolution) to Adjust Position Staffing a) Approve Budget Amendment No. 15BA -030 that increases General Fund revenue estimates by $5,148,470; b) Approve Budget Amendment No. 15BA -031 that increases expenditure appropriations by $40,000 from unappropriated Assessment Fund fund balance to Account No. 7401 -9812 (Assessment District Engineering); c) Approve Budget Amendment No. 15BA -034 that transfers $2.5 million from the General Fund to the Insurance Reserve Fund and $1.0 million from the General Fund to the Compensated Absences Fund; and d) Adopt Resolution No. 2015 -14, A Resolution of the City Council of the City of Newport Beach Amending Annual Budget Resolution No. 2014 -52, Establishing Certain Job Classifications, and Adjusting Position Allocations and Salary Ranges, in the following departments: Fire, Human Resources, Municipal Operations and Police. XXI. 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. XXII. 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.