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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL REGULAR MEETING NOVEMBER 25, 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 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, 2nd 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 citvclerk(a�newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH NOVEMBER 25, 2014 STUDY SESSION - 4:00 PM /CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM ROLL CALL - 4:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar (4:00 p.m.) SS2. Presentation: Homelessness Awareness Month (November 2014)/Information about the Orange County Commission to End Homelessness (4:05 p.m.) Mr. Scott Larson of OC HomeAid will make a brief presentation to the Council about Homelessness Awareness Month as well as the efforts of the Orange County Commission to End Homelessness. which Mr. Larson chairs. SS3. Arts and Culture Master Plan (4:15 p.m.) Arts OC, the vendor that the City selected to conduct an Arts and Culture Master Plan for the community, will present the details of the Plan. Earlier in November, the Plan was presented to and approved by the Newport Beach Arts Commission. 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 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 Representatives: Council Member Michael F. Henn 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 XI. PRESENTATION(S) Check Presentation to the Cultural Arts Grant Recipients 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 - 19) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the November 12, 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. Balboa Village A -Frame Signs Interim Ordinance a) Find adoption of the interim ordinance is categorically exempt under Section 15311 of the State California Environmental Quality Act Guidelines; and b) Conduct second reading and adopt 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 (Attachment No. CC1). C. RESOLUTION(S) FOR ADOPTION 4. Adopt Resolutions and Agreements for Inclusion of Properties within the City's Jurisdiction in the Figtree and CaliforniaFirst Property Assessed Clean Energy (PACE) Financing Programs a) Adopt Resolution No. 2014 -94, A Resolution of the City Council of the City of Newport Beach Authorizing the City of Newport Beach to Join the Figtree PACE Program, and Authorizing the California Enterprise Development Authority to Conduct Contractual Assessment Proceedings and Levy Contractual Assessments within the Territory of the City of Newport Beach; b) Approve an Associate Membership Agreement by and Between the California Enterprise Development Authority and the City of Newport Beach; c) Adopt Resolution No. 2014 -95, A Resolution of the City Council of the City of Newport Beach Authorizing the City to Join the CaliforniaFIRST Program, and Authorizing the California Statewide Communities Development Authority to Accept Applications from Property Owners, Conduct Contractual Assessment Proceedings and Levy Contractual Assessments within the Territory of the City of Newport Beach; and d) Approve the Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Communities Development Authority. 5. Adopt a Resolution Supporting an Application by the City of Costa Mesa for the OCTA Measure M2 Regional Traffic Signal Synchronization Program for the Fair Drive -Del Mar Avenue - University Avenue Project Adopt Resolution No. 2014 -96, A Resolution of the City Council of the City of Newport Beach Supporting an Application by the City of Costa Mesa for the Orange County Transportation Authority's (OCTA) Measure M2 Traffic Signal Synchronization Program Funding for the Fair Drive -Del Mar Avenue- University Avenue Street Corridor Synchronization Project. 6. Adopt a Resolution for Submittal of the Coast Highway Traffic Signal Synchronization Project Application to Orange County Transportation Authority Measure M2 Regional Traffic Signal Synchronization Program Adopt Resolution No. 2014 -97, A Resolution of the City Council of the City of Newport Beach Approving the Submittal of the Coast Highway Traffic Signal Synchronization Project for the Orange County Transportation Authority's (OCTA) Measure M2 Traffic Signal Synchronization Program Funding. 7. Approval of Measure M2 Expenditure Report Adopt Resolution 2014 -98, A Resolution of the City Council of the City of Newport Beach Concerning the Measure M2 Expenditure Report for the City of Newport Beach for the Fiscal Year Ending June 30, 2014, and approving the M2 Expenditure Report, substantially to form, subject to technical revisions in conformance with OCTA guidelines. D. CONTRACTS AND AGREEMENTS 8. 2014 -2015 Playground Improvements - Award of Contract No. 5855 (CAP15 -0030 and CAP15 -0031) a) Approve the project plans and specifications; b) Award Contract No. 5855 to Malibu Pacific Tennis Courts, Inc. (Malibu Pacific) for the Total Bid Price of $119,800.00, and authorize the Mayor and the City Clerk to execute the contract; and c) Establish an amount of $18,200.00, approximately 15 percent, to cover the cost of unforeseen work. 9. Amendment No. 3 to Management Agreement with New Irvine Ranch Conservancy for Othe Buck Gully Open Space Reserve Authorize Amendment No. 3 to the Management Agreement with Irvine Ranch Conservancy, a private not - for - profit, and re- assign and transfer all the land management rights and responsibilities to their new corporation title of New Irvine Ranch Conservancy, a public non - profit. 10. Approval of Two Orange County Sanitation District (OCSD) Dry Weather Urban Runoff Diversion Agreements Approve the two Dry Weather Urban Runoff Discharge diversion agreements: one at Back Bay Drive near Newport Dunes and the other located in Big Canyon Creek just downstream of MacArthur Boulevard adjacent to the 11th Fairway at Big Canyon Country Club. 11. Printing Services Contract for Newport Navigator Brochure a) Award a three year (3) printing services contract for the Newport Navigator brochure to Trend Offset Printing Services, Inc. (Trend) of Irvine for the total not to exceed bid price of $311,967 ($103,989 each year) and authorize the Mayor and the City Clerk to execute the contract. (Staff Report Attachment A); and b) Authorize the Recreation & Senior Services Director to award up to two (2) additional years of printing services for the Newport Navigator brochure to Trend at the same annual not to exceed price of $103,989. 12. Amendment No. 3 to Professional Services Agreement with Rabben /Herman Design Office for Additional Marina Park Design Services (CAP09 -0070) Approve Amendment No. 3 with Rabben /Herman Design Office of Newport Beach, CA for additional professional design services for the Marina Park Project at a not -to- exceed price of $120,742.00 and authorize the Mayor and City Clerk to execute Amendment No. 3. 13. Amended Joint Powers Agreement for Integrated Law and Justice Agency for Orange County and Approval of Purchase of Electronic Citation System a) Approve the Restated and Amended Joint Powers Agreement for Integrated Law and Justice Agency for Orange County; b) Direct the City Clerk to provide a minute order to the ILJAOC Recording Secretary confirming the City Council's approval of the amended JPA; and c) Approve a Letter of Commitment for the procurement of software, hardware, and services necessary for participation in the countywide ILJAOC electronic citation system, in the amount of $204,163.48, and authorize the City Manager to sign the Letter of Commitment. 14. Contract with the New Irvine Ranch Conservancy for Preparation of a Resource and Recreation Management Plan (RRMP) for Big Canyon Restoration Area Approve a Professional Services Agreement with the New Irvine Ranch Conservancy at a not -to- exceed price of $169,060.00 for the preparation of a RRMP for Big Canyon and authorize the City Manager and City Clerk to execute the Agreement with the New Irvine Ranch Conservancy once the intended contribution funding is secured and made available from a settlement agreement between the Irvine Company and Defend the Bay, Inc. E. MISCELLANEOUS 15. Planning Commission Agenda for the November 20, 2014 Meeting Receive and file. 16. Annual Reporting on Development Impact Fees & Development Agreements Staff recommends that the City Council receive, review and file the Annual Reports on Development Impact Fees (Exhibit A), and Development Agreements (Staff Report Exhibit B). 17. Request to Construct Private Improvements within the Public Alley Right -of -Way located adjacent to 401 and 403 Heliotrope Avenue a) Waive City Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow a retaining wall up to 6 -foot 2- inches in height encroaching up to 12 feet into the public alley right -of -way adjacent to 401 and 403 Heliotrope Avenue; and b) Direct Staff to enter into an Encroachment Agreement with the owner and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. 18. Human Services Grants for Fiscal Year 2014 -2015 Pursuant to City Council Policy A -12, find that the organizations listed below have worthy projects or programs that serve residents and are beneficial to resident's quality of life and authorize the allocation of $25,000 in Human Services Grants in the following manner: Youth Employment Services (Harbor Area) $4,500 Serving People in Need (SPIN) $3,500 Orange County Council on Aging $5,000 Advocates for Grandparent - Grandchild Connection $3,000 Newport Harbor High School $4,000 Boys & Girls Club of the Harbor Area $5,000 $25,000 19. Request to Install New Private Improvements within the Via Oporto Public Right -of -Way in Lido Marina Village a) Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow recessed planters, raised planters not to exceed 36- inches in height, decorative wood deck pedestrian crosswalks, bike racks, private landscaping and irrigation improvements and appurtenances that encroach in excess of 1 -foot into the Via Oporto public 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. 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) 20. Balboa Village Parking Management District and Resident Parking Permit Program (PA2014 -016) a) Conduct a public hearing; b) Program One - Residential Permit Parking Program (RP3): Introduce Ordinance No. 2014 -19 (Staff Report Attachment CC1), An Ordinance of the City Council of the City of Newport Beach Amending Sections 12.68.040 and 12.68.060 of the Newport Beach Municipal Code Establishing the Balboa Resident Parking Permit Program on the Balboa Peninsula (PA2014 -016), and finding the action exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15301 (Existing Facilities) and 15311 (Accessory Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and pass to second reading on January 13, 2015; c) Program Two - Parking Management District Plan and Overlay District: Introduce Ordinance No. 2014 -20 (Staff Report Attachment CC2), An Ordinance of the City Council of the City of Newport Beach Adopting Code Amendment No. CA2014 -001 Adopting the Balboa Village Parking Management District Plan and Establishing the Balboa Village Parking Management Overlay District (PA2014 -016), and finding the action exempt from CEQA pursuant to Section 15301 (Existing Facilities), 15302 (Replacement or Reconstruction), 15303 (New Construction), 15311 (Accessory Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and pass to second reading on January 13, 2015; d) Program Three - Parking Benefit District: Introduce Ordinance No. 2014 -21 (Staff Report Attachment CC3), An Ordinance of the City Council of the City of Newport Beach, California Amending Newport Beach Municipal Code Sections 12.44.025 and 12.44.027 and Adding Section 12.44.029 Relating to Parking Funds (PA2014 -016), and finding the action not subject to 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, and pass to second reading on January 13, 2015; e) Program Three - Parking Benefit District: Adopt Resolution No. 2014 -101 (Staff Report Attachment CC4), A Resolution of the City Council of the City of Newport Beach, California Establishing Funding for the Area Benefit District Reserve (PA2014 -016), and finding the action not subject to 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; f) Program Four - Public Parking Fees (on- street): Introduce Ordinance No. 2014 -22 (Staff Report Attachment CC5), An Ordinance of the City Council of the City of Newport Beach Amending Section 12.44.040 of the Newport Beach Municipal Code Pertaining to On- Street Parking Meter Fees in Balboa Village (PA2014 -016), finding the action not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and pass on to second reading on January 13, 2015; g) Program Four - Public Parking Fees (off- street public lots): Adopt Resolution No. 2014 -102 (Staff Report Attachment CC6), A Resolution of the City Council of the City of Newport Beach, California Establishing a Revised Schedule of Parking Fees for Off - Street Parking Meter Zones 17, 18, 23, 28, and 29 Located in Balboa Village (PA2014 -016), and finding the action not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and h) Program Five - Other Parking Programs and Permits: Adopt Resolution No. 2014 -103 (Staff Report Attachment CC7), A Resolution of the City Council of the City of Newport Beach, California Establishing a Parking Permit System for Balboa Village (PA2014 -016), and finding the action not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. 21. Balboa Marina West Mitigated Negative Declaration Appeal Located at 151 and 201 East Coast Highway (PA2012 -103) a) Conduct a de novo public hearing; and b) Adopt Resolution No. 2014 -99, A Resolution of the City Council of the City of Newport Beach Upholding and Affirming the Planning Commission's Approval of Mitigated Negative Declaration No. ND2013 -002 (SCH No. 2014081044) for Balboa Marina West Located at 151 and 201 East Coast Highway (PA2012 -103), pursuant to the California Environmental Quality Act ( "CEQA ") (Staff Report Attachment No. CC 1). 22. Film Permit Fee Suspension Staff recommends that City Council adopt Resolution No. 2014 -100, A Resolution of the City Council of the City of Newport Beach Temporarily Waiving Certain Film Permit Fees in the Master Fee Schedule; specifically (1) Film Production Application -With Film Liaison and (2) Film Permit Fee, and adopting FilmLA's fees in the Master Fee Schedule. XX. CURRENT BUSINESS 23. ExplorOcean Option to Lease City Parking Lot at Palm Street Authorize the Mayor and City Clerk to execute an Option to Ground Lease Agreement with ExplorOcean for a future Ground Lease of the Palm Street parking lot at 209 Washington Street and 600 -608 East Balboa Boulevard on the Balboa Peninsula. 24. Park Avenue Bridge Replacement Project Located on Balboa Island /Little Balboa Island — Adoption of Mitigated Negative Declaration and Approval of Bridge Design a) Adopt Resolution No. 2014 -104 (Staff Report Attachment No. 1), A Resolution of the City Council of the City of Newport Beach Adopting Mitigated Negative Declaration No. ND2014- 002 (SCH# 2014101015) for the Park Avenue Bridge Replacement Project (PA2014 -135), pursuant to the California Environmental Quality Act ( "CEQA "), State CEQA Guidelines, and City Council Policy K -3; and b) Approve the design of the Park Avenue Replacement Bridge and Temporary Balboa Avenue Bridge (Staff Report Attachment Nos. CC2 and CC3). 25. 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, 26. Campus Drive, San Joaquin Hills Road and San Miguel Drive Street Pavement Overlay - Award of Contract No. 5582 (CAP14 -0009) a) Approve the project plans and specifications; b) Award Contract No. 5852 to All American Asphalt for the total bid price of $1,177,177.00, and authorize the Mayor and the City Clerk to execute the contract; and c) Establish a contingency of $18,000.00 (approximately 10 %) to cover the cost of unforeseen work; and d) Approve Budget Amendment No. 15BA -023 transferring $150,000 from 7282- C2002076 to 7282- C2002070; recognizing $70,000 from the County of Orange and appropriating $70,000 to Account No. 7251- C2002070. 27. CalPERS Pension Plan Update and Payment Alternative Recommendation Authorize the Finance Director to instruct CaIPERs to employ a "fresh start" resetting the amortization of the City's unfunded pension liability to 19 years for both the Safety and Miscellaneous pension plans. 28. Amended and Restated Employment Agreement for the City Manager, City Attorney and City Clerk The following actions are recommended, pending discussions during City Council Closed Session: a) Authorize the Mayor to execute the Third Amended and Restated Employment Agreement between the City of Newport Beach and Dave Kiff, City Manager, subject to those terms and conditions approved by the City Council; b) Authorize the Mayor to execute the Second Amended and Restated Employment Agreement between the City of Newport Beach and Aaron Harp, City Attorney, subject to those terms and conditions approved by the City Council; and c) Authorize the Mayor to execute the Second Amended and Restated Employment Agreement between the City of Newport Beach and Leilani Brown, City Clerk, subject to those terms and conditions approved by the City Council. 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.