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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING May 27, 2014 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION -4:30 P.M. /CLOSED SESSION -AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM RUSH N. HILL, II Mayor EDWARD D. SELICH Mayor Pro Tern TONY PETROS Council Member NANCY GARDNER Council Member MICHAEL F. HENN Council Member LESLIE J. DAIGLE Council Member KEITH D. CURRY Council Member DAVE KIFF - City Manager AARON HARP - City Attorney LEILANI BROWN -City Clerk STEPHEN BADUM - Assistant City Manager TERRI CASSIDY - Deputy City Manager /Human Resources Director NOTICE TO THE PUBLIC The City provides a yellow sign -in card for those wishing to address the City 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 City 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. Study Sessions are usually held on the second and fourth Tuesdays of each month at 4:00 pm. (subject to change) except in the months of August and December when there is one regular meeting. 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 /Counci]Agandas . 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 ). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH May 27, 2014 STUDY SESSION -4:30 P.M. /CLOSED SESSION -AFTER STUDY SESSION/ REGULAR MEETING -7:00 PM I. ROLL CALL 4:30 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar (4:30 p.m.) SS2. Lower Castaways Draft Concept Plan (4:35 p.m.) Harbor Commissioner Dave Girling will present a working group's concept plan that would open up the parcels at Lower Castaways (this is the vacant land at the northeast corner of East Coast Highway and Dover Drive adjacent to Upper Newport Bay) for several community recreational uses. SS3. FY 14 -15 Proposed Budget and CIP (5:05 p.m.) This Study Session item is the second time that the Council and community will review the City's proposed budget for Fiscal Year 2014 -15. At the previous meeting, staff presented a budget overview as well as a look at the proposed Capital Improvement Program. At this meeting, staff will review position control, Council discretionary accounts, funding for economic development and special events, the tidelands fund, the "budget checklist" and more. 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. As a courtesy, please turn cell phones off or set them in the silent mode. 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). B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 2 matter Property: 209 Washington Street and 608 East Balboa Blvd., Newport Beach, CA 92661 Agency negotiator: Dave Kiff and Rob Houston Negotiating parties: ExplorOcean Under negotiation: Instruction to negotiator regarding price and terms of payment. SUPPLEMENTAL CLOSED SESSION ITEM: Property: 1499 Monrovia, Newport Beach, 92663; APN: 424 - 401 -14 Agency negotiator: Dave Kiff, City Manager Negotiating parties: Kobe Inc., Andrea Fairchild, President Under negotiation: Instruction to negotiator regarding price and terms of payment. 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 0 Reverend Melissa Rusler, Christ Church by the Sea Proclamation Proclaiming the Month of May as "Lupus Awareness Month" 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 - 15) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the May 13, 2014 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 City Clerk to read by title only. B. ORDINANCE(S) FOR INTRODUCTION 3. Non - Exclusive Solid Waste Collection Franchise with Tierra Verde Industries, a California Corporation a) Adopt Resolution No. 2014 -41, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Conduct a Public Hearing to Consider the Granting of a Non - Exclusive Solid Waste Franchise to Tierra Verde Industries, a California Corporation; b) Direct the City Clerk to publish Resolution No. 2014 -41 within 15 days of its adoption; and c) Introduce Ordinance No. 2014 -10, An Ordinance of the City Council of the City of Newport Beach Granting a Non - exclusive Solid Waste Franchise to Tierra Verde Industries, a California Corporation, to Provide Solid Waste Collection Services Upon the City Streets and Within the City of Newport Beach, and pass to second reading on June 10, 2014. C. RESOLUTION(S) FOR ADOPTION 4. Calling the November 4, 2014 General Municipal Election for City Council Seats Adopt the following resolutions pertaining to the General Municipal Election scheduled for Tuesday, November 4, 2014, pursuant to Section 1000 of the City Charter: a) Adopt Resolution No. 2014 -42, A Resolution of the City Council of the City of Newport Beach, California, Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 4, 2014, for the Election of Members of the City Council as Required by the Provisions of the City Charter, b) Adopt Resolution No. 2014 -43, A Resolution of the City Council of the City of Newport Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 4, 2014, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code; and c) Adopt Resolution 2014 -44, A Resolution of the City Council of the City of Newport Beach, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidate's Statements Submitted to the Voters at an Election to be Held on Tuesday, November 4, 2014. D. CONTRACTS AND AGREEMENTS 5. Bristol Street Landscape Improvements - Completion and Acceptance of Contract No. 4843 (CAP12 -0005) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 6. 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 this Council acceptance. a) Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; b) Approve a five -year license agreement with an annual rent of $3,600 per year, as adjusted annually by the Consumer Price Index (CPI), which is below fair market value, based on the findings contained in this staff report and in the attached Revocable License Agreement (Staff Report Attachment CC 1), that charging less than fair market value promotes the City's goals to provide an essential or unique service to the community that cannot otherwise be provided if full market rates were charged; and c) Approve a waiver of City Council Policy F -7 based on the findings contained in this staff report and in the attached Revocable License Agreement (Staff Report Attachment CC 1), that converting the property to another use or changing the licensee of the property would result in an excessive vacancy, and authorize the City Manager or his /her designee to enter into an agreement with Rick Heil. 7. Harbor Piers Maintenance Proiect -Award of Contract No. 5756 (CAP14 -0023) 91 a) Approve the project plans and specifications; b) Award Contract No. 5756 to Associated Pacific Constructors for the Total Bid Price of $181,986.75 and authorize the Mayor and the City Clerk to execute the contract; and c) Establish an amount of $18,200.00 (approximately 10% of Total Bid) to cover the cost of unforeseen work. Approve a Professional Services Agreement with Iteris, Inc. ( Iteris), of Santa Ana, for the design of Phase 8 of the Traffic Signal Modernization Project at a not to exceed price of $171,825.00 and authorize the Mayor and City Clerk to execute the Agreement. E. MISCELLANEOUS 9. Planning Commission Agendas for the May 22, 2014 Study Session and Regular Meeting Receive and file. 10. Confirmation of Voting Delegate and Alternate for the 2014 League of California Cities (LCC) Annual Conference - September 3 -5, 2014, in Los Angeles a) Designate Mayor Rush Hill as the City's Voting Delegate and Council Member Keith Curry as the City's Alternate Voting Delegate at the Annual League Conference to be held from September 3 -5, 2014, in Los Angeles; b) Direct the City Clerk to complete and submit the League designation form by Thursday, July 31, 2014; and c) Authorize Mayor Rush Hill and /or Council Member Keith Curry to attend the Annual League Conference pursuant to Charter Section 402 and City Council Policy F -8. 11. Dinghy Rack Rental Rate Review, set and approve the fair market value rent rate to be $25.00 per month for Dinghy Rack Space. Direct the City Manager to adjust this rental rate every January 1 st by either the Consumer Price Index (LA- Orange- Riverside, All Urban Consumers) or 2 %, whichever is less; and authorize the City Manager or designee to draft and implement a rental agreement. 12. Proposed Land Use and Zoning Designations Amendments Located at 191 Riverside Avenue (PA2013 -210) Staff recommends that this item be removed from calendar. 13. Set Public Hearing Date to Adopt Fiscal Year 2014 -15 Budget Schedule a public hearing of the City's Proposed Budget for Fiscal Year 2014 -15 on June 10, 2014, and direct the City Clerk to publish a notice of said hearing in accordance with Section 1102 of the Newport Beach Charter. 14. West Newport Community Center Update Direct staff to develop conceptual studies at the proposed sites based upon the preferred recreational uses, specified by the current outreach results, and establish a preliminary budget and schedule for a future project. 15. Items for Future Study Direct staff to return with ideas and options about a different role for EQAC. 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) 16. Resolution No. 2014 -45: Renewal of the Newport Beach Restaurant Association Business Improvement District for Fiscal Year 2014 -15 a) Approve the FY 2014 -2015 NBRA BID budget; b) Hold a public hearing regarding the renewal of the NBRA BID, c) If protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2014- 45, A Resolution of the City Council of the City of Newport Beach Confirming the Levying of Assessments for the Fiscal Year of July 1, 2014 to June 30, 2015 for the Newport Beach Restaurant Association Business Improvement District (NBRA BID); OR If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the NBRA BID; OR If the majority protest is only against the furnishing of a specific type or types of improvements or activity or benefit within the BID, those types of improvements or activities or benefit zones shall be eliminated; and d) Appoint the following to the NBRA BID Advisory Board of Directors for FY 2014 -2015 Alexandra Robinson, Park Avenue Cafe Cindy O'Shea, Whole Foods Market Dan Miller, Village Inn Jim Walker, The Bungalow Restaurant Joe Campbell, Ruby's Diner John Robinson, Amelia Seafood & Italian Restaurant Ronald Schwartz, Muldoon's Irish Pub Sheri Drewry, Wilma's Patio Stephen Joyce, Newport Beach Tennis Club Thomas Giulioni, Newport Dunes /Back Bay Bistro. 17. Resolution No. 2014 -46: Renewal of the Corona del Mar Business Improvement District for Fiscal Year 2014 -2015 and Board Appointments for Fiscal Year 2014 -2015 a) Approve the FY 2014 -15 Corona del Mar BID budget; b) Hold a public hearing regarding the renewal of the Corona del Mar BID; c) If protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2014- 46, A Resolution of the City Council of the City of Newport Beach Confirming the Levying of Assessments for the Fiscal Year of July 1, 2014 to June 30, 2014 for the Corona del Mar Business Improvement District (CdM BID); OR If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the Corona del Mar BID; OR If the majority protest is only against the furnishing of a specific type or types of improvements or activity or benefit within the BID, those types of improvements or activities or benefit zones shall be eliminated. d) Appoint the following to the Corona del Mar BID Advisory Board of Directors for FY 2014 -2015: Bernie Svalstad, BPS Newport Financial Keith Dawson, Dawson & Dawson Jessica Prause, representing the Port Newport Theatre Jim Walker, The Bungalow Restaurant Karen Yould, Corona del Mar Florist Scott Laidlaw, Laidlaw Schultz Architects Shawn Lim, Rose Bakery. XX. CURRENT BUSINESS 18. AT &T Newport Center Telecommunication Facility Permit Located at 1600 Newport Center Drive (PA2013 -225) Continue to the June 24, 2014, City Council meeting per the applicant's request. 19. 2013 -2014 Citywide Slurry Seal Program — Award of Contract No. 5522 (CAP13 -0023) a) Approve the project drawings and specifications; b) Award Contract No. 5522 to American Asphalt South, Inc., for the Total Bid Price of $520,200.00, and authorize the Mayor and the City Clerk to execute the contract; and c) Establish a contingency amount of $52,000.00 (10 %) to cover the cost of unforeseen work not included in the original contract. 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.