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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING SEPTEMBER 23, 2014 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 5:00 PM /CLOSED SESSION — AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM RUSH N. HILL, II Mayor EDWARD D. SELICH Mayor Pro Tem 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 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, 2n0 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 citvclerkanewoortbeachca.aov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH SEPTEMBER 23, 2014 STUDY SESSION - 5:00 PM /CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM ROLL CALL CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar (5:00 p.m.) SS2. Update on Major Park Projects — Marina Park and Sunset Ridge Park (5:05 p.m.) With Marina Park fully underway and Sunset Ridge Park nearing completion, staff will update the Council and community on both of these important park projects. SS3. Pension Progress, Debt Service, Bond Ratings (5:25 p.m.) The City Manager and Finance Director will update the Council and community on recent actions to reduce the pension unfunded liability as well as to explain how the City is positioned regarding debt, debt service, and its AAA agency ratings. 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 LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 2 matters Crystal Morales v. City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2012 - 00606450 -CU -PO -CJC City of Newport Beach v. Lido Partners, et al. Orange County Superior Court Case No. 30- 2014 - 00715029 -CU -OR -CJC B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 5810 West Coast Highway, Newport Beach 92663 Agency negotiator: Dave Kiff and Rob Houston Negotiating parties: E &B Natural Resources Under negotiation: Instruction to negotiator regarding price and terms of payment. C. 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 Association (NBPTEA); and Part -Time Employees Association of Newport Beach (PTEANB). 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) Presentation Regarding Surfboards on Parade Roger's Gardens "2014 California Friendly Garden" Contest Winner Newport Beach Public Library Foundation Check Presentation 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 - 14) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the September 9, 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 the City clerk to read by title only. B. ORDINANCE(S) FOR ADOPTION 3. Adoption of Ordinance No. 2014 -15 Relating to Prevailing Wage Law for Locally - Funded Public Works Projects Conduct second reading and adopt Ordinance No. 2014 -15, An Ordinance of the City Council of the City of Newport Beach, California, Repealing Resolution No. 2013 -6 and Expressing Intent to Comply with California Senate Bill No. 7 Relating to Prevailing Wage Law for Locally - Funded Public Works Projects. 4. Adoption of Ordinance No. 2014 -16 Approving Zoning Code Amendment No. CA 2014- 003 for the Former City Hall Site and Lido House Hotel Conduct second reading and adopt Ordinance No. 2014 -16 (Staff Report Attachment CC1), An Ordinance of the City Council of the City of Newport Beach Approving Zoning Code Amendment No. CA2012 -003 for the Former City Hall Complex Land Use and Zoning Amendments Located at 3300 Newport Boulevard and 475 32nd Street (PA2012 -031). C. CONTRACTS AND AGREEMENTS 5. Newport Coast Community Center Stage Remodel Project - Completion and Acceptance of Contract No. 5540 (CAP14 -0002) 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 this Council acceptance. 6. San Miguel Park Restroom Building and Picnic Structure Replacement Project - Completion and Acceptance of Contract No. 5541 (CAP14 -0005) 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 this Council acceptance. 2014 -2015 Annual Sidewalk Curb & Gutter Replacement Project — Award of Contract No. 5884 (CAP15 -0012) a) Approve the project drawings and specifications; b) Award Contract No. 5884 to Grigolla & Sons Construction Company, Inc. for the Total Bid Price of $647,300.00, and authorize the Mayor and the City Clerk to execute the contract; c) Establish an amount of $65,000.00 (10 %) to cover the cost of unforeseen work not included in the original contract; and d) Approve Budget Amendment No. 14BA -015 appropriating $218,300.00 from unappropriated Gas Tax balance to Account No. 7181- C2001009 (Sidewalk, Curb and Gutter Replacement). 8. Balboa Village Fine Arts Center Conceptual Design (Balboa Village Theatre) —Approval of Professional Services Agreement with Robert R. Coffee Architects + Associates a) Find that the transition of the Balboa Theater to a Balboa Village Fine Arts Center reflects the wishes of the Council at least to the extent that further design work, a program pro forma and cost estimation should be completed; and b) Approve a Professional Services Agreement (PSA) with Robert R. Coffee Architects + Associates of Newport Beach, California, for the Balboa Village Fine Arts Center Conceptual Design at a not -to- exceed price of $8,500, and authorize the Public Works Director to execute the Agreement. D. MISCELLANEOUS 9. Planning Commission Agenda for the September 18, 2014 Meeting Receive and file. 10. Budget Amendment to Accept a Check from the Newport Beach Public Library Foundation and Appropriate Funds to the Library's Fiscal Year 2014/2015 Maintenance and Operation Budget Approve Budget Amendment No 15BA -012 to increase revenue estimates by $224,000 in Account 4090 -5893 (Library Foundation) and to increase expenditure estimates by the same amount in Division 4090 (Library Foundation) and Division 4060 (Literacy Services). 11. Budget Amendment to Accept a Check from California State Library for Literacy Services (CLLS) in the Amount of $15,000 and Appropriate Funds to the Library's Fiscal Year 2014/2015 Maintenance and Operation Budget Approve Budget Amendment No. 15BA -013 to increase revenue estimates by $15,000 in account 4010 -4832 (California Literacy Campaign) and to increase expenditure estimates by the same amount in Division 4060 (Literacy Services). 12. Film Permit Fees Suspension for Six Months Replace this item with "Film Permit Fees Suspension" at the October 14, 2014, City Council meeting. 13. Acceptance and Recommended Placement of Shogun Statue from City of Okazaki The City Arts Commission recommends that the City Council accept a statue as a gift from Newport Beach Sister City Okazaki Japan, including its interim placement in the Bamboo Terrace at the Central Library and permanent installation at Irvine Terrace Park. 14. Direction to Staff on Program /Facility Naming for NB Lifeguard Ben Carlson, Review of Laws Relating to 30 -Day or Less Vacation Stays Direct staff to: a) Ask Mr. Ben Carlson's family, the Ben Carlson Foundation, and the Newport Beach Fire Department to review and recommend opportunities to name a program or facility in honor of Mr. Carlson; and b) Ask the City Manager's office and City Attorney's office to review laws and regulations relating to vacation stays that are more than seven but less than 30 days in duration. 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) 15. An Amendment to the Zoning Code Regulations Regarding A -Frame Signs No action required. 16. Appeal of Conditional Use Permit Regarding Alcohol Service at the Port Theater Located at 2905 East Coast Highway (PA2014 -019) a) Conduct a de nova public hearing; and b -1) Adopt Resolution No. 2014 -85, A Resolution of the City Council of the City of Newport Beach Upholding the Planning Commission's Approval of Conditional Use Permit No. UP2014 -030 Superseding Minor Use Permit No. UP2012 -009 to Operate the Port Theater (A Landmark Theater) in Conjunction with a Type 47 (On -Sale General) Alcoholic License Located at 2905 East Coast Highway (PA2014 -019), 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. UP2014 -030, subject to the conditions (Staff Report Attachment No. CC 2). OR b -2) Adopt Resolution No. 2014 -85, A Resolution of the City Council of the City of Newport Beach Reversing the Decision of the Planning Commission and Denying Conditional Use Permit No. UP2014 -030 Superseding Minor Use Permit No. UP2012 -009 to Operate the Port Theater (A Landmark Theater) in Conjunction with a Type 47 (On -Sale General) Alcohol License Located at 2905 East Coast Highway (PA2014 -019) (Staff Report Attachment No. CC 3). XX. CURRENT BUSINESS 17. Orange County Grand Jury Pension Report Responses Authorize the City Manager's issuance of the response attached to the staff report to the Grand Jury regarding pensions and pension transparency. 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. XXIL 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.