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HomeMy WebLinkAbout0 - Agenda�- 1 'a"x 4 I~ F0 R� CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING June 24, 2014 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 4:00 PM /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 /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 @newportbeachca.gov ). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH June 24, 2014 STUDY SESSION -4:00 PM /CLOSED SESSION -AFTER STUDY SESSION/ REGULAR MEETING -7:00 PM I. ROLL CALL 4:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar (4:00 p.m.) SS2. Water Taxi Service (4:05 p.m.) Staff from Harbor Resources and Doug West of the Harbor Commission will present information about a proposed water taxi program in Newport Harbor. SS3. Community Update on July 4th Activities in West Newport Beach (5:00 p.m.) Each year the West Newport Beach community experiences high visitor impacts over the July 4th holiday period. In 2014, this includes a full weekend. Staff from the Police Department and Recreation will present information about plans for July 4, 2014, including the continuation of our "July 4th is for Families" effort. 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 LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2)(e)(1)): 1 matter C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter 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 XI. PRESENTATION(S) History of the John Wayne Airport Settlement Agreement 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 -12) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the June 10, 2014 Study Session and Regular Meeting Waive reading of subject minutes, approve as written, and order filed. 2. Readina of Ordinances Waive reading in full of all ordinances under consideration, and direct City Clerk to read by title only. B. CONTRACTS AND AGREEMENTS 3. Netion and Acceptance of Contract No. 5212 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. 4. Santa Ana Heights Pavement Restoration Project - Notice of Completion and Acceptance of Contract No. 4707 (CAP11 -0022) 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. 5. Residential Street Overlay Program —Award of Contract No. 5523 (CAP14 -0013) a) Approve the project drawings and specifications; b) Award Contract No. 5523 to Sequel Contractors, Inc., for the Total Bid Price of $1,260,941.00, authorize the Mayor and the City Clerk to execute the contract; and c) Establish a contingency amount of $126,000.00 (10 %) to cover the cost of unforeseen work not included in the original contract. 6. Ocean Piers Maintenance 2013 -2014 -Award of Contract No. 5539 (CAP14 -0025) a) Approve the project drawings and specifications; b) Award Contract No. 5539 to Associated Pacific Constructors, Inc. for the total bid price of $491,500.00, and authorize the Mayor and City Clerk to execute the Contract; c) Establish an amount of $73,700.00 (15 %) to cover the cost of unforeseen work not included in the original contract; and d) Approve Budget Amendment No. 15BA -001 transferring $85,000.00 from Account No. 7231- C4402007 (Seawall and Bulkhead Modifications) to Account No. 7231 - C4801001 (Ocean Piers Maintenance) for FY 2014/15. 7. Amendment to the Professional Services Agreement with Kreuzer Consulting Group for Old Newport Boulevard and West Coast Hiahwav Modifications — Contract No. 5244 (CAP13 -0007) Approve Amendment No. 1 to the Professional Services Agreement with Kreuzer Consulting Group to provide additional environmental documentation for Caltrans CEQA approvals related to the Old Newport Boulevard and West Coast Highway Modifications project at a not -to- exceed cost of $115,920, and authorize the Mayor and City Clerk to execute Amendment No. 1. 8. Professional Services Aareement with William B. Conners for Newport Beach Municipal Code Title 20 and Other Hearings Authorize the Mayor to execute an agreement with William B. Conners for hearing adjudication services, with a not -to- exceed compensation amount of $125,000. 9. City Insurance Renewals Approve renewal of the following insurances: excess general liability, excess workers' compensation, pollution and property insurance coverage for an amount not to exceed $1,948,132 in total premium from the Insurance Reserve Funds. The term of the renewal is for a twelve (12) month policy period, July 1, 2014, through June 30, 2015, for excess general liability, excess workers' compensation, and property insurance. Pollution liability coverage is being renewed for a thirty -six (36) month policy period, July 1, 2014, through June 30, 2017. 10. Approval of the City's Third Party Administrator for General Liability Claims Administration Staff recommends Council's approval of Carl Warren & Company for Third Party Liability Claims Administration with an annual expenditure of $79,675.00, effective July 1, 2014. C. MISCELLANEOUS 11. Planning Commission Agenda for the June 19, 2014 Meeting Receive and file. 12. AT &T Newport Center Telecommunication Facility Permit Located at 1600 Newport Center Drive (PA2013 -225) Continue to the August 12, 2014, City Council meeting. 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) 13. Appeal of the Plannina Commission's Approval of Conditional Use Permit No. UP2013- a) Conduct a de novo public hearing; and b) Adopt Resolution No. 2014 -53, A Resolution of the City Council of the City of Newport Beach Upholding the Planning Commission's Approval of Conditional Use Permit No. UP2013 -021 for an Eating and Drinking Establishment with Late Hours of Operation at 215 Riverside Avenue (PA2013 -203), finding the project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, and approving Conditional Use Permit No. UP2013 -021 subject to the conditions (Staff Report Attachment CC 2). XX. CURRENT BUSINESS 14. Use of Vehicle Lifts for Meeting Parking Requirements a) Discuss the Planning Commission's memo dated May 22, 2014 regarding vehicle lifts; and b) Initiate a Zoning Code amendment, if City Council determines that additional regulations and /or development standards should be considered regarding the use of vehicle lifts to meet on -site parking requirements. 15. An Urgency Ordinance of the City Council of the City of Newport Beach, California Establishing a Temporary Prohibition on the Issuance of Marine Activities Permits to Businesses Engaged in the Operation of Vessels Propelled by Water Above the Surface of Newport Harbor a) Adopt Urgency Ordinance No. 2014 -11, An Urgency Ordinance of the City Council of the City of Newport Beach Establishing a Temporary Prohibition on the Issuance of Marine Activities Permits to Persons or Business Engaged in the Operation of Vessels Propelled by Water Above the Surface of Newport Harbor. This urgency ordinance shall remain in effect for a period of one (1) year, unless earlier repealed or extended by the City Council. This urgency ordinance is adopted pursuant to City Charter Sections 412 and 416(d), and shall take effect immediately upon its passage by a vote of at least five (5) City Council Members; and b) Direct the Harbor Commission to form an ad hoc committee to evaluate the operation of vessels propelled by water above the surface of Newport Harbor, and return to the City Council with a recommended path forward on managing this emerging activity. 16. Appointments to Boards and Commissions Make appointments to the Boards and Commissions from the nominees listed below. All new terms will be effective on July 1, 2014, with an expiration date of June 30, 2018. Board of Library Trustees [1 vacancy /minimum 2 nominees] Jerry King (incumbent) Roxana Mehrfar Building and Fire Board of Appeals [2 vacancies /minimum 4 nominees] John De Frenza Jay Elbettar Nourmohammadi Khorow Stephen Sandland (incumbent) City Arts Commission [1 vacancy /minimum 2 nominees] Judy Chang (incumbent) Lesley Miller Joan Templeton- Morris Civil Service Board [1 vacancy /minimum 2 nominees] Linda Beimfohr William Bivens Jeffrey Herdman Harbor Commission [3 vacancies /minimum 6 nominees] Thomas Dessel John Drayton Patricia Humphreys William Kenney, Jr. Duncan McIntosh (incumbent) Douglas West (incumbent) Parks. Beaches & Recreation Commission [2 vacancies /minimum 4 nominees] Thomas Anderson (incumbent) Ron Cole (incumbent) William Hossfeld Erik Weigand Planning Commission [1 vacancy /minimum 2 nominees] Fred Ameri (incumbent) Peter Koetting Albert Marshall 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.