Loading...
HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING MARCH 24, 2015 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION — 3:30 PM /CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM EDWARD D. SELICH, Mayor DIANE B. DIXON, Mayor Pro Tern 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, ntation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk 24 hours prior to the 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, 2i° 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 cityclerk(a).newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH MARCH 24, 2015 STUDY SESSION - 3:30 PM /CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM ROLL CALL — 3:30 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar (3:30 p.m.) SS2. "Early Look" at the Capital Improvement Program (CIP) (Part 2) (3:35 p.m.) [Joint Meeting with the Finance Committee] This item appears on a separate agenda, but is summarized here for the reader's convenience. Public Works will pick up where it left off on a presentation from 2 weeks ago that outlines significant public construction projects underway, planned, or even an idea that residents had brought forth as addressing an important need. Many of the projects come from our multiple Master Plans, which tell us how to upgrade our infrastructure in a prudent way over time. Staff will ask the Council and community to weigh in on whether the going - forward CIP is appropriately prioritized. SS3. Direction on Design of New LED Street Signs (Over Signals) (4:45 p.m.) Public Works staff is preparing to replace many of our aging directional signs at signals. These "white on green" signs could be replaced by the same looking signs (but with LED lighting), or with white on blue or white on blue with a Newport Beach seal. Staff will ask the Council and community what they think. 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 Chambers Conference Room A. 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); 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). City Council Meeting March 24, 2015 Page 2 B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION — INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 1 matter V. RECESS V1. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE X. INVOCATION – Dr. Muzammil Siddiqi, Islamic Society of Orange County X1. 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) 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– 16) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the March 10, 2015 Special Meeting /Joint Meeting of the City Council and Finance Committee, and the March 10, 2015 Study Session and Regular Meeting Waive reading of subject minutes, approve as written, and order filed. City Council Meeting March 24, 2015 Page 3 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. B. ORDINANCE(S) FOR ADOPTION 3. Adoption of Ordinance No. 2015 -2 Regulating Massage Establishments and Resolution No. 2015 -19 Removing Outdated Massage Technician Fees a) Conduct second reading and adopt 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 Chapter 5.64 Regulating Holistic Health Practitioners; and b) Adopt Resolution No. 2015 -19, A Resolution of the City of Newport Beach Amending the Master Fee Schedule to Eliminate Outdated Massage Fees, which removes nine (9) outdated massage technician fees from the Master Fee Schedule. 4. Balboa Island Residential Condominium Prohibition Code Amendment Second Reading (PA2014 -170) Conduct second reading and adopt Ordinance No. 2015 -5, 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 Prohibit Residential Condominium Projects in the R -BI Zoning District on Balboa Island and Little Balboa Island. (Staff Report Attachment No. CC1). C. RESOLUTION(S) FOR ADOPTION 5. Addition of Off - Street Parking Meter Zone 31 Adopt Resolution No. 2015 -20, A Resolution of the City Council of the City of Newport Beach Establishing an Off - Street Parking Meter Zone for the Marcus Avenue Parking Lot (Staff Report Attachment "A "), and amending Resolution No. 2000 -38 to establish Parking Meter Zone 31. 6. Resolution Endorsing the City's Grant Application for the Arches Storm Drain Dry Weather Diversion Project Adopt Resolution No. 2015 -21, A Resolution of the City Council of the City of Newport Beach Authorizing Entering into an Agreement with the State of California and Designating a Representative to Sign the Agreement, and any Amendments Thereto for the Arches Storm Drain Dry- Weather Diversion Project, and endorsing the submittal of the City's grant application to the SWRCB for Arches Dry - Weather Diversion Project. Summary Vacation of Existing Sewer Easement and Request to Install Private Improvements within the Public Right -of -Way at 3235 Ocean Boulevard a) Adopt Resolution No. 2015 -18, A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 4 -Foot Wide Sewer Easement at 3235 Ocean Boulevard (Lot 16 and Southeasterly Half of Lot 15 of Tract 1026); and Directing the City Clerk to Record Same with the County Recorder's Office, and ordering the summary vacation of a sewer easement at 3235 Ocean Boulevard; b) Direct staff to process the summary vacation of said easement; c) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder; City Council Meeting March 24, 2015 Page 4 d) Waive Council Policy L -6, Private Encroachments in Public Rights -of -Way, to allow a decorative driveway with concrete retaining walls, a 24 -inch wide concrete V -ditch swale behind said concrete retaining walls, a concrete stairway with retaining walls and wrought iron guard rails to a maximum height of 42- inches above stairway grade, a 14 -inch wide by 24 -inch deep by 48 -inch high plastered block mailbox, private landscaping and irrigation improvements and appurtenances that encroach in excess of 1 -foot into the Ocean Boulevard right -of -way, contingent upon all conditions of the Encroachment Permit process being met; and e) 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. D. CONTRACTS AND AGREEMENTS 8. Residential Street Overlay Program - Notice of Completion and Acceptance of Contract No. 5523 (CAP14 -0013) 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. Corona del Mar Pocket Park — Award of Contract No. 6042 (CAP14 -0026) a) Approve the project plans and specifications; b) Award Contract No. 6042 to Clean Cut Landscape for the total bid amount of $78,670.10, and authorize the Mayor and City Clerk to execute the contract; c) Establish a contingency of $12,000 (approximately 15% of Total Bid) to cover the cost of unforeseen work not included in the original contract; and d) Approve Budget Amendment No. 15BA -040 transferring /reappropriating project savings in the amounts of $20,600 from 7012- C2502006 and $4,400 from 7015- C1002044 to Account No. 7015- C4002011 to cover a portion of the construction cost, geotechnical and material testing services, construction contingency and incidentals. 10. Newport Boulevard Water Transmission Main Replacement — Approval of Amendment No. 3 with Tetra Tech, Inc. C -5481 (CAP14 -0030) Approve Amendment No. 3 with Tetra Tech, Inc. for additional final engineering services for the Newport Boulevard Water Transmission Main Replacement project at a not -to- exceed price of $50,500, and authorize the Mayor and City Clerk to execute Amendment No. 3. 11. Final Tract Map No. 17763 for Residential and Commercial Development located at 4311 Jamboree Road a) Review and approve Final Tract Map No. 17763 located at 4311 Jamboree Road (Staff Report Attachment B) pursuant to Section 19.60.010 of the Municipal Code; b) Review and approve the Subdivision Agreement (Staff Report Attachment E) for Final Tract No. 17763 pursuant to Section 19.36.010 of the Municipal Code, and authorize the City Manager and City Clerk to execute the Subdivision Agreement; and c) Review and approve the required construction securities for Final Tract Map No. 17763 (Staff Report Attachment F) pursuant to Section 19.36.030 of the Municipal Code and authorize the Public Works Director to execute and release securities. City Council Meeting March 24, 2015 Page 5 12. Final Tract Map No. 17194 for 24 -Unit Residential Condominium Development located at 5515 River Avenue a) Review and approve Final Tract Map No. 17194 located at 5515 River Avenue (Staff Report Attachment B) pursuant to Section 19.60.010 of the Municipal Code; b) Review and approve the Subdivision Agreement (Staff Report Attachment E) for Final Tract No. 17194 pursuant to Section 19.36.010 of the Municipal Code, and authorize the City Manager and City Clerk to execute the Subdivision Agreement; and c) Review and approve the required construction securities for Final Tract No. 17194 (Staff Report Attachment F) pursuant to Section 19.36.030 of the Municipal Code, and authorize the Public Works Director to execute and release securities. E. MISCELLANEOUS 13. Planning Commission Agenda for the March 19, 2015 Meeting Receive and file. 14. Budget Amendment to Accept a Check in the Amount of $19,988 from the California State Library for Literacy Services (CLLS) and Appropriate Funds to the Library's Fiscal Year 2014/2015 Maintenance and Operation Budget Approve Budget Amendment No. 15BA -038 to increase revenue estimates by $19,988 in account 4010 -4832 (California Literacy Campaign) and to increase expenditure estimates by the same amount in Division 4060 (Literacy Services). 15. General Plan Annual Status Report Including Housing Element Report (PA2007 -195) a) Review and comment and; b) Authorize submittal to the Governor's Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD). 16. Initiate Minor Amendments to the Zoning Code a) Find this action is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15262 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and b) Initiate an amendment to Title 20 to correct Zoning Code errors and omissions relating to bulkhead setbacks, vehicle /equipment sales in the Commercial General Zoning District, encroachments in setbacks abutting alleys, projection of architectural features and subterranean structural supports into required setbacks, and off - street parking requirements for food service uses and single -unit dwellings with less than 4,000 square feet of floor area. 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 City Council Meeting March 24, 2015 Page 6 XIX. CURRENT BUSINESS 17. Newport Boulevard and 32nd Street Modification — Approval of Revised Parking Lot Concept Plan (CAP12 -0009) Approve the revised parking lot concept plan that will be constructed on the northwest corner on Newport Boulevard and 32nd Street. 18. Balboa Village Fagade Improvement Program Funding a) Approve Budget Amendment No. 15BA -039 that appropriates $98,500.00 from the Balboa Village Parking Management District Fund Balance to expenditure account 7444- C8002039, Balboa Village Commercial Fagade Improvement Program; and b) Authorize the Community Development Director to approve and execute Grant Agreements. 19. Corona del Mar Fire Station No. 5 and Library Replacement — Approval of Professional Services Agreement with WLC Architects (CAP14 -0001) Approve a Professional Services Agreement (PSA) with WLC Architects of Rancho Cucamonga, California, for Corona del Mar Fire Station No. 5 and Library Replacement Project at a not -to- exceed price of $457,750.00, and authorize the Mayor and City Clerk to execute the Agreement. 20. Lease Agreement between the City of Newport Beach and Lighthouse Cafe, LLC, Authorizing the Lease of Restaurant Space at the Marina Park Project Located at 1600 West Balboa Boulevard a) Find that the execution of the Lease Agreement is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines; and b) Approve and authorize the Mayor and City Clerk to execute a 15 -year Lease Agreement with Lighthouse Cafe, LLC. (Staff Report Attachment CC 1) 21. Update to Newport Beach Municipal Code Section 5.04 — Business Licenses and Regulations, General Provisions a) Introduce Ordinance No. 2015 -6, An Ordinance of the City Council of the City of Newport Beach Amending Newport Beach Municipal Code Chapter 5.04 to Update Business License Provisions, and pass to second reading on April 14, 2015; and b) Adopt Resolution No. 2015 -23, A Resolution of the City Council of the City of Newport Beach to Reduce the Business License Tax Charged to Out -of -Town Licensed Contractors to be Equal to that of In -Town Licensed Contractors. 22. Council Policy A -6: Creation of a Debt Management Fund Determine whether to place a discussion item relative to a "Debt Management Fund" on a future Council agenda. 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.