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HomeMy WebLinkAbout00 - AgendaAMENDED AGENDA CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL REGULAR MEETING NOVEMBER 12, 2014 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION — 2:00 PM/CLOSED SESSION — 3:00 PM (est.)/ 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, 2ntl 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 citvclerkOnewportbeachca.aovl. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH NOVEMBER 12, 2014 STUDY SESSION — 2:00 PM /CLOSED SESSION — 3:00 PM (est.)/ REGULAR MEETING - 7:00 PM ROLL CALL - 2:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar (2:00 p.m.) SS2. Newport Boulevard /32nd Street Parking Lot Concept Plan (2:05 p.m.) Staff will present concepts for a proposed parking lot at this location, along with landscaping and art alternatives. 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 - Estimated at 3:00 p.m. - Council 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 LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a), (d)(1)): 5 matters Martin O'Connor v. City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2013 - 00665055 -CU -PO -CJC John Hougan v. City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2012 - 00582855 -CU -OE -CJC Christine Hougan v. City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2013 - 00646369 -CU -WT -CJC Pacific Shores Properties, LLC, et al. v. City of Newport Beach Newport Coast Recovery, LLC, et al. v. City of Newport Beach United States District Court, Central District Case Nos. CV 08- 00457 -JVS (RNBx) & CV 09- 00701- JVX(RN Bx) United States Court of Appeals, 9th Circuit Case Nos. 11 -55460 & 11 -55461 City of Newport Beach v. Yellowstone Recovery, LLC, et al. Orange County Superior Court Case No. 30- 2011 - 00514217 C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) and (e)(1)): 1 matter 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 - Kyle Zimmerman, Mariners Church XI. PRESENTATION(S) Presentation Relative to the 2015 Special Olympics World Games Donation to the Ben Carlson Foundation by Police and Fire: The Fallen Heroes 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 - 24) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the October 28, 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 INTRODUCTION 3. Balboa Village A -frame Signs Interim Ordinance a) Find adoption of the interim Ordinance is categorically exempt under Section 15311 of the State CEQA Guidelines; and b) Introduce City Council Ordinance No. 2014 -18, An Interim Ordinance of the City Council of the City Of Newport Beach Allowing A -Frame Signs in Balboa Village Commercial Zoning Districts (Staff Report Attachment No. CC 1), and pass to second reading on November 25, 2014. C. CONTRACTS AND AGREEMENTS 4. Balboa Boulevard Beautification — Notice of Completion and Acceptance of Contract No. 4842 (CAP14 -0008) 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; c) Release the Faithful Performance Bond one year after acceptance by the City Council; and d) Approve Budget Amendment No. 15BA -021 transferring $10,845.00 from project savings from Account No. 7013- C3002021 (Eastbluff Bike Lane) to Account No. 7013- C2002063 (Balboa Boulevard Landscaping); reappropriating $9,481.00 from project design savings within Account No. 7013- C2002063 (encumbered funds carried over for surveying services); and authorizing use of these funds for GMC Engineering. 5. 16th Street Pump Station and Dolphin and Tamura Water Wells Improvements — Notice of Completion and Acceptance of Contract No. 5196 (CAP12 -0003) 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. 6. Police Facility HVAC Replacement Project- Completion and Acceptance of Contract No. 5542 (CAP14 -0003) 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. Approval of Amendment No. 1 to the Professional Services Agreement with Interwest Consulting Group, Inc. for On -Call Public Works Inspection a) Approve Amendment No. 1 to the current Professional Services Agreement with Interwest Consulting Group, Inc. for on -call as needed Public Works Inspection services increasing the original contract by $160,000 and extend the agreement term to February 29, 2016; and b) Authorize the Mayor and City Clerk to execute Amendment No. 1 of the Agreement. 8. Approval of Amendment No. 1 to the Professional Services Agreement with Willdan Engineering for On -Call Traffic Engineering Services a) Approve Amendment No. 1 to the current Professional Services Agreement with Willdan Engineering, Inc. for on -call as needed Traffic Engineering services increasing the original contract by $160,000.00; and b) Authorize the Mayor and City Clerk to execute Amendment No. 1 of the Agreement. 9. Agreements for Landscape and Hardscape Maintenance on West Coast Highway (Route 1) for the Mariner's Pointe Development Project at 100 — 300 West Coast Highway a) Approve and authorize the Mayor and City Clerk to execute the "Project Specific Maintenance Agreement for Route 1 in the City of Newport Beach" between the City of Newport Beach and State of California Department of Transportation; b) Approve and authorize the Mayor and City Clerk to execute the "Landscape Maintenance Agreement within State Highway Right of Way on Route 1 with the City of Newport Beach" between the City of Newport Beach and State of California Department of Transportation; and c) Approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Newport Beach and VBAS Properties, Inc. 10. Agreement to Purchase a Sewer Rodder Truck Approve the agreement with Haaker Equipment Company of La Verne, CA for the purchase of one CNG- powered 2015 Vactor Ramjet Jet Rodder truck for a total cost of $383,329.41. 11. Request to Install Private Improvements within the Public Right -of -Way at 3725 Ocean Boulevard a) Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow an entry walkway with stairs, garden walls, and pilasters not exceeding 36- inches in height, a retaining wall to support the existing grade of a neighboring property, 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 b) 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. 12. Request to Retain Existing Private Improvements within a City Easement Reserved for a Future Sewage Force Main at 233 Milford Drive a) Waive City Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow walls, patio, patio stairs and caissons to encroach in excess of 1 foot into the future easement for sewage force main; and b) Direct Staff to prepare an Encroachment Agreement with the property owners for the existing private improvements and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. 13. Approval of a Purchase Agreement for Junior Lifeguard Uniforms Approve a three (3) year Purchasing Agreement with Quiksilver, Inc. for Junior Lifeguard uniform apparel at an annual cost of $181,095 plus tax per contract year, and a total three year cost of $543,285 plus tax. 14. Consent to Assign Rainbow Disposal's Commercial Solid Waste Nonexclusive Franchise Agreement Approve the Consent to Assign Rainbow Disposal's Commercial Solid Waste Nonexclusive Franchise Agreement. 15. Approval of a New Third Party Administrator for Workers' Compensation Administration - AdminSure, Inc. Staff recommends approval of Adminsure, Inc. for Workers' Compensation Third Party Claims Administration with an annual expenditure of $260,784, effective January 1, 2015. 16. Approval of a New Benefits Broker — Alliant Employee Benefits Approve the five -year Professional Services Agreement with Alliant Insurance Services, Inc. to serve as the City's employee benefits broker with an annual expenditure of $49,000, effective January 1, 2015. D. MISCELLANEOUS 17. Planning Commission Agenda for the November 6, 2014 Meeting Receive and file. 18. Measure M Grant Projects Update Receive comments and file report. 19. Naming of "Benjamin M. Carlson Lifeguard Headquarters" a) Waive the Parks, Beaches, and Recreation Commission review per City Council Policy B- 9 (Naming of City Parks & Facilities) and accept staff's recommendation to dedicate a facility in honor of Benjamin M. Carlson; and b) Approve the official naming of the Benjamin M. Carlson Lifeguard Headquarters. 20. Balboa Island Residential Condominium Prohibition Code Amendment Initiation 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 prohibit residential condominium projects on Balboa Island and Little Balboa Island. 21. Accept the 2013 Assistance to Firefighters Grant a) City Council accept the Assistance to Firefighters Grant (AFG) for $69,579 to purchase Wildland Webgear for Fire personnel; and b) Approve Budget Amendment No. 15BA -020 increasing revenue estimates by $69,579 in 2320 -4894 and increasing expenditure appropriations in 2320 -9032 by $77,309 which includes $7,730 from the General Fund unappropriated fund balance for the required 10% matching funds. 22. City of Newport Beach Participation as a "Host Town" for the 2015 Special Olympics World Games in Los Angeles Staff recommends the City of Newport Beach serve as a Host Town for the 100 delegates' three day stay in Newport Beach prior to the July 2015 Special Olympics in Los Angeles and authorize funding support in the amount of up to $10,000 to defer costs associated with event logistics. 23. Acceptance of Funds from the California Board of State and Community Corrections a) Authorize acceptance of funds received and posted as Fiscal Year 2014 -2015 revenues in Account No. 1820 -486F; and b) Approve Budget Amendment No. 15BA -022 appropriating Local Assistance law enforcement funds from the California Board of State and Community Corrections (BSCC) in the amount of $24,646.95 for front -line law enforcement services by increasing expenditure appropriations for Fiscal Year 2014 -2015 in Account No. 1830 -7041. 24. Metro Cities Fire Authority Joint Powers Agreement Representative Appoint Fire Chief Scott Poster as a City of Newport Beach representative and voting Board Member to the Metro Cities Fire Authority Joint Powers Agreement (JPA). 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) 25. Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. (PA2010 -150) a) Conduct a public hearing; b) Find this review exempt from the California Environmental Quality Act ( "CEQA') pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this review enforces an entitlement for use adopted by the City and has no potential to have a significant effect on the environment; c) Find that Sober Living by the Sea has demonstrated good faith compliance with the terms of the Zoning Implementation and Benefit Agreement; and d) Receive and file documents submitted by Sober Living by the Sea (Staff Report Attachment A) to demonstrate good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement. XX. CURRENT BUSINESS 26. Proposed Bayview Heights Drainage improvement Project As offered, staff will receive comments and recommendations from Council. 27. Review and Amendment - Tree Services Agreement with Great Scott Tree Services a) If interested, discuss staff's analysis of service to date for Great Scott Tree Service (GSTS) and make any recommendations related to it; and b) For the contract year ending November 30, 2014, approve an amendment to the agreement with GSTS reflecting City staff's direction to GSTS to perform more work, thereby leading to an increase in the annual not -to- exceed cost of $1,800,000 for this year alone, and authorize the Mayor and City Clerk to execute the amendment. 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.