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HomeMy WebLinkAbout0 - Agenda CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING FEBRUARY 9, 2016 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 5:00 P.M./CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 P.M. DIANE B. DIXON, Mayor KEVIN MULDOON, Mayor Pro Tem KEITH D. CURRY, Council Member DUFFY DUFFIELD, Council Member EDWARD D. SELICH, 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 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 prio r to the scheduled City Council meeting. PUBLIC HEARINGS If in the future, you wish to challenge in court any of the matters on t his 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 corresp ondence 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., exc ept 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 bus iness 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 atte ndee 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 need s and to determine if accommodation is feasible (949-644-3005 or cityclerk@newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH FEBRUARY 9, 2016 STUDY SESSION - 5:00 P.M./CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM I. ROLL CALL - 5:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar (5:00 p.m.) SS2. Possible changes to OCTA Bus Routes in Newport Beach (5:05 p.m.) Staff will summarize recent proposed changes to various OCTA transit routes that service the Newport Beach area. Council members and the public are welcome to comment on whether the City should take a formal position advocating for or against those changes. 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957 (b)(1)) Title: Dave Kiff, City Manager Aaron C. Harp, City Attorney Leilani Brown, City Clerk B. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6 (a)) Agency Designated Representative: Council Member Tony Petros Unrepresented Employees: Dave Kiff, City Manager, Aaron C. Harp, City Attorney, and Leilani Brown, City Clerk 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 Jim Domen, California Family Council City Council Meeting February 9, 2016 Page 2 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  Whether to provide live telecasts of Planning Commission meetings (Dixon)  Discussion for Study Session on additional residential development in Newport Center, including an update to Council about competing proposals, option of assigning this development to the site of the NB Police Headquarters (Peotter) 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 - 17). Public comments are invited on Consent Calendar from members of the audience. 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 READING OF MINUTES AND ORDINANCES 1. Minutes for the January 23, 2016 Special Meeting (Planning Session) and the January 26, 2016 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. ORDINANCES FOR ADOPTION 3. Adoption of Sewer Rate Adjustment (2nd Reading) Conduct second reading and adopt Ordinance No 2016-1, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 14.24.065 of Title 14 of the Newport Beach Municipal Code Pertaining to Sewer Use Charge. City Council Meeting February 9, 2016 Page 3 4. Second Reading of Ordinance No. 2016-2 Relating to Official Police Tow Services Conduct second reading and adopt Ordinance No. 2016-2, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Chapter 5.15 Relating to Official Tow Services. RESOLUTIONS FOR ADOPTION 5. Memorandum of Understanding with the Newport Beach Employees League a) Adopt Resolution No. 2016-22, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Memorandum of Understanding between the City of Newport Beach and the Newport Beach Employees League, for the period July 1, 2015 through December 31, 2018; b) Approve Budget Amendment No. 16BA-031 in the amount of $395,235 from the General Fund unappropriated surplus fund balance; and c) Adopt Resolution No. 2016-23, A Resolution of the City Council of the City of Newport Beach, California, for Employer Paid Member Contributions, modifying the paying of the employer paid member contribution (EPMC) to 0% for designated Miscellaneous members, including NBEL. 6. City Council Policy F-9 (City Vehicle/Equipment Guidelines) Adopt Resolution No. 2016-2, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy F-9 (City Vehicle/Equipment Replacement Guidelines). 7. Resolution Establishing Updated Guidelines for the Opening of Bids Adopt Resolution No. 2016-25, A Resolution of the City Council of the City of Newport Beach, California, Rescinding Resolution No. 5036 and Establishing Updated Guidelines for the Opening of Bids. 8. Sunset Ridge Park Coastal Development Permit Amendment Application for Access Road and Parking Lot a) Adopt Resolution No. 2016-26, A Resolution of the City Council of the City of Newport Beach, California, Certifying an Addendum to the Final Environmental Impact Report for the Sunset Ridge Park Project (State Clearinghouse No. 2009051036) and Approving the Modified Park Public Access Road and Parking Lot for Sunset Ridge Park; and b) Authorize City staff to submit a CDP Amendment application to the California Coastal Commission. 9. Revised Effective Date to an Amendment of the Waste Disposal Agreement Adopt Resolution No. 2016-27, A Resolution of the City Council of the City of Newport Beach, California, Approving the Revised Effective Date to an Amendment to the 2009 Waste Disposal Agreement with the County of Orange, to allow for the continued importation of waste at the County’s three landfills and to extend the terms of the W aste Disposal Agreement through June 30, 2025. CONTRACTS AND AGREEMENTS 10. Marina Park Project - Marina Docks (Bid Package 4) - Notice of Completion of Contract No. 3897 (15P14) 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 sixty-five (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 (1) year after acceptance by the City Council. City Council Meeting February 9, 2016 Page 4 11. Police Facility Carpet Replacement Project – Notice of Completion and Acceptance of Contract No. 6105 (15F02) 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 sixty-five (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 (1) year after acceptance by the City Council. 12. Request to Retain Existing Private Improvements within the Public Right-of-Way at 917 West Bay Avenue a) Waive City Council Policy L-6, Private Encroachments in Public Rights-of-Way, to retain an existing 10-inch-tall planter wall that is encroaching 2 feet 5½ inches into the West Bay Avenue 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 Owners, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. MISCELLANEOUS 13. Planning Commission Agenda for the February 3, 2016 Special Meeting Receive and file. 14. Confirmation of Appointment to the Corona del Mar Business Improvement District Advisory Board of Directors Appoint Ed Hanley, representing Hanley Investment Group, as the ninth member to the CdM BID Advisory Board of Directors for the remainder of FY 2015-2016. 15. Appointment of Finance Committee Members to Fill One-Year Terms Confirm Mayor Pro Tem Kevin Muldoon’s reappointment of John Warner, Council Member Ed Selich’s reappointment of Larry Tucker, Council Member Duffy Duffield’s reappointment of William O’Neill, and Council Member Scott Peotter’s reappointment of Patti Gorczyca to serve on the Finance Committee for a one-year term. 16. ADA Access for Balboa Pier Fire Rings - Budget Amendment for Contract No. 6408 (Project No. 16M17) Approve Budget Amendment No. 16BA-032 appropriating $60,000 from the General Fund unappropriated fund balance to ADA Access to Fire Rings Project, Account No. 01001928- 980000-16M17 to construct this work. 17. Departures from John Wayne Airport, NextGen, Curved Paths, and Departure Climb Profiles Authorize the City Manager to work with JWA staff and the FAA on: (a) an analysis of whether departure pattern involving curved turns to match the contours of the Upper Bay for some departures would result in less noise for more people (and advocacy for that if appropriate); and (b) an analysis of whether altitudes upon departure have changed over the last several years. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR City Council Meeting February 9, 2016 Page 5 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 HEARINGS 18. Appeal of Planning Commission Approval of Balboa Marina West Restaurant (201 East Coast Highway) a) Conduct a de novopublic hearing; and b) Find that a subsequent negative declaration to Mitigated Negative Declaration No. ND2013 - 002 is not required for the project pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15162; and c) Adopt Resolution No. 2016-28, A Resolution of the City Council of the City of Newport Beach, California, Upholding and Affirming the Planning Commission’s Ap proval of Minor Site Development Review SD2015-003 and Conditional Use Permit UP2015-030 for a Restaurant with Full Alcoholic Beverage Service and Live Entertainment, and a Reduction in Required Off-Street Parking Located at 201 East Coast Highway (PA2015-113), and denying the appeal. 19. Former City Hall Complex Land Use Plan Amendments for the Lido House Hotel Located at 3300 Newport Boulevard and 475 32nd Street (PA2013-031) a) Conduct a public hearing; b) Find that all significant environmental concerns for the proposed project have been addressed in the previously certified Lido House Hotel Final Environmental Impact Report (SCH#2013111022), and that the changes reflective of the Coastal Commission’s certification of LCP-5-NPB-14-0831-3 are not substantial, as they do not involve new significant effects or a substantial increase in the severity of previously identified significant effects, and therefore, a subsequent environmental analysis does not need to be prepared; c) Rescind Resolution Nos. 2014-81 and 2015-104 as they are not consistent with the California Coastal Commission’s certification of LCP-5-NPB-14-0831-3 with suggested modifications; and d) Adopt Resolution No. 2016-29, A Resolution of the City Council of the City of Newport Beach, California, Accepting the Suggested Modifications from the California Coastal Commission (LCP-5-NPB-14-0831-3) and Approving Revised General Plan Amendment No. GP2012-002 and Revised Coastal Land Use Plan Amendment No. LC2012-001 for the Former City Hall Complex Located at 3300 Newport Boulevard and 475 32nd Street (PA2012-031). XX. CURRENT BUSINESS 20. Modify Permit Parking Hours on Margaret Drive a) Adopt Resolution No. 2016-30, A Resolution of the City Council of the City of Newport Beach, California, Limiting the Parking of Vehicles on Certain Streets and Rescinding Resolution No. 2009-62; b) Adopt Resolution No. 2016-31, A Resolution of the City Council of the City of Newport Beach, California, Limiting the Parking of Vehicles on Margaret Drive, between the hours of 8:00 a.m. and 6:00 p.m. every day, except holidays, to one (1) hour on Margaret Drive from Irvine Avenue, to and including 2322 on the north side, and 2323 on the south side of Margaret Drive; and City Council Meeting February 9, 2016 Page 6 c) Introduce Ordinance No. 2016-3, An Ordinance of the City Council of the City of Newport Beach, California, Amending Subsection 12.68.060(B) of the Newport Beach Municipal Code Regarding the Residential Parking Permit Program for the Newport Heights and Cliff Haven, approving revisions to the Preferential Parking Zone “2”, and pass to second reading on February 23, 2016. 21. OCTA Bus Service Plan Revisions Provide direction to staff regarding any comments that may be submitted to OCTA in response to its OC Bus 360 Plan. 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.