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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL REGULAR MEETING JANUARY 13, 2015 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION — 3:30 PM/CLOSED SESSION — AFTER STUDY SESSIONI REGULAR MEETING - 7:00 PM EDWARD D. SELICH Mayor DIANE B. DIXON Mayor Pro Tern KEITH D. CURRY Council Member DUFFY DUFFIELD Council Member KEVIN MULDOON Council Member SCOTT PEOTTER Council Member TONY PETROS 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, Z' 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: httoa/www.newr)ortbeachca.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(c),newoortbeachca.aov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH JANUARY 13, 2015 STUDY SESSION - 3:30 PM /CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM ROLL CALL - 3:30 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar (3:30 p.m.) SS2. Presentation from Newport Harbor High School Principal Sean Boulton (3:35 p.m.) SS3. Recap and "Lessons Learned" from the Civic Center Project (3:45 p.m.) Mayor Pro Tern Dixon asked that the staff provide a recap of the change in scope of the Civic Center project, along with what staff would see as "lessons learned" following the completion of this large and costly effort. Staff will review the approval process, budget steps, and public communication regarding the Civic Center and, for context, the previous effort to place a city hall and parking structure at 3300 Newport Boulevard. SS4. Discussion of Tidelands Fund Issues, Framing a Tidelands Audit RFP (5:00 p.m.) Council Members Duffield and Muldoon asked that the Council consider asking outside firms to conduct an audit /financial projection analysis of the City's Tidelands Fund. Staff will provide some background here on tidelands (which include land and water), the Tidelands Fund, what expenditures and revenues are accounted for under Tidelands, and will ask the Council to help frame the items to be covered in the audit/financial projection analysis. An item later in the evening would formalize this direction. 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. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City Manager, Human Resources Director, 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). City Council Meeting January 13, 2015 Page 2 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 3 matters Woody's Group, Inc. v. City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2013 - 00687091 California Court of Appeal Case No. G050155 City of Newport Beach v. Lido Partners, et al. Orange County Superior Court Case No. 30- 2014 - 00715029- CU- OR -CJC Friends of the Fire Rings v. South Coast Air Quality Management District, et al. Orange County Superior Court Case No. 30- 2013 - 00690328- CU- WM -CXC 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) Proclamation Honoring State Senator Mimi Walters 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. City Council Meeting January 13, 2015 Page 3 XV. CONSENT CALENDAR (ITEMS 1 - 9) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the November 25, 2014 Study Session and Regular Meeting, and December 9, 2014 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. Junior Guard Nonresident Fee Reduction a) Adopt Resolution No. 2015 -1, A Resolution of the City Council of the City of Newport Beach Amending the Master Fee Schedule to Reduce the Junior Lifeguard Nonresident Fee to the Resident Fee Level, at $700. b) Introduce Ordinance No. 2015 -1, An Ordinance of the City Council of the City of Newport Beach Amending Exhibit 'A" to Newport Beach Municipal Code Section 3.36.030 to Reduce the Junior Lifeguard Nonresident Fee to the Resident Fee Level, and pass to second reading on January 27, 2015. C. ORDINANCE(S) FOR ADOPTION 4. Balboa Village Parking Management and Resident Parking Permit Program (PA2014- 016) a) Conduct second reading and adopt Ordinance No. 2014 -20 (Staff Report Attachment CC1), 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); b) Conduct second reading and adopt Ordinance No. 2014 -21 (Staff Report Attachment CC2), An Ordinance of the City Council of the City of Newport Beach 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 c) Conduct second reading and adopt Ordinance No. 2014 -22 (Staff Report Attachment CC3), 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). D. RESOLUTION(S) FOR ADOPTION 5. Resolution Updating the List of Designated Employees for 2015 Under the City's Conflict of Interest Code Adopt Resolution No. 2015 -2, A Resolution of the City Council of the City of Newport Beach Adopting an Updated Designated Employees List for 2015. 6. Adopt a Resolution Authorizing the Submission of Two Grant Applications to the Orange County Transportation Authority (OCTA) as part of their Arterial Pavement Management Program - Call for Projects (CAP15 -0006 and CAP15 -0007) Adopt Resolution No. 2015 -3, A Resolution of the City Council of the City of Newport Beach Authorizing Application for Funds for the Arterial Pavement Management Program Funded with Regional Surface Transportation Program Funding Under the Moving Ahead for Progress in the 21'f Century Federal Transportation Act for the MacArthur Boulevard Rehabilitation from East Coast Highway to Bonita Canyon Drive Project. City Council Meeting January 13, 2015 Page 4 E. MISCELLANEOUS 7. Planning Commission Agendas and /or Action Reports for the December 4, 2014, and December 18, 2014 Meetings Receive and file. 8. Confirmation of Appointment to the Corona del Mar Business Improvement District Advisory Board of Directors Appoint Hamid Kianipur, representing the Corona del Mar 76 Service Station, as the ninth member to the CdM BID Advisory Board of Directors for the remainder of fiscal year (FY) 2014 -2015. 9. Appointments by the Mayor to Council Committees, City Council Citizens Ad Hoc Committees, Joint Governmental Committees, and Citizens Advisory Committees Confirm the Mayor's appointments as outlined in the staff report. 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. CURRENT BUSINESS 10. Ocean Boulevard and Marguerite Avenue Pavement Reconstruction — Award of Contract No. 5581 (CAP15 -0045) a) Approve the project plans and specifications; b) Award Contract No. 5581 to All American Asphalt for the total bid price of $1,098,098.00, and authorize the Mayor and City Clerk to execute the contract; c) Establish a contingency of $110,000.00 (approximately 10 %) to cover the cost of unforeseen work not included in the original contract; and d) Approve Budget Amendment No. 15BA -024 transferring $20,000 from 7013- C2002077 (CdM Concrete Street Improvements Phase 1) to 7013- C2002074 (CdM Concrete Street Improvements Phase 2). 11. Authorization to Issue a Request for Proposals (RFP) for Legal and Financial Analysis Associated of the Tidelands Trust a) Clarify and advise staff regarding appropriate revenues and expenditures to be included in the financial analysis and financial projection; b) Determine whether the review should segregate Harbor from Non - Harbor Tidelands revenue and expenses; c) Authorize staff to release a request for proposals from qualified accounting, financial and /or legal firms that would provide a comprehensive analysis of the Tidelands trust in two parts: • First - A legal analysis and determination should be made of revenues that are required to be assigned to Tidelands in accordance with the Beacon Bay Bill and other pertinent legislation in sufficient detail to address omitted revenues sources historically questioned by Council and the public. Similarly, expenditures would also be reviewed to determine their eligibility and reasonableness as it pertains to the trust. This could be returned to Council prior to Part 2, which is: City Council Meeting January 13, 2015 Page 5 • Second - Following the legal analysis (and Council feedback on that analysis), a financial compilation of the Tide and Submerged Land Fund revenues and expenditures should be prepared, going back 5 years and going ahead 5 years based on the conclusions of the first analysis and any Council input. This compilation could be prepared by staff or a private accounting firm, as directed by Council; and d) Direct staff to bring back the ranked RFP responses to the City Council for formal approval and budgeting of the review. 12. Resolution No. 2015 -5: Changes to the Finance Committee Adopt Resolution No. 2015 -5, A Resolution of the City Council of the City of Newport Beach, California Amending the Membership, Duties and Responsibilities of the Finance Committee, relating to modifying the membership, term, qualifications, purpose, and responsibilities of the Finance Commission, specifying whether the Resolution and backup material should include Path A or Path B under "Membership." 13. Change to the City Council's Invocation Policy (A -19) Should the Council wish to do so, adopt Resolution No. 2015 -4, A Resolution of the City Council of the City of Newport Beach Adopting a Revised City Council Policy Regarding Invocations (City Council Policy A -19) at City of Newport Beach ( "City') meetings. 14. Fire Rings in Newport Beach: Compliance with AQMD Rule 444 and Intended Compliance with the California Coastal Act a) Authorize staff to implement an Interim Plan that would allow wood- burning upon adoption of the Interim Plan, resulting in 15 wood- burning rings citywide separated by at least 50'. Eight would be near the Balboa Pier (to the eastern side) and seven at CdM State Beach; b) Authorize staff to ask AQMD to allow the City to define "Contiguous Beach Area" as being interrupted by a specific distance of at least one mile or the Newport Harbor jetty entrance (for example). If AQMD concurs, authorize staff to modify the Interim Plan to allow up to 30 wood - burning rings citywide, with 15 rings at Balboa E/W and 15 at CdM State Beach; c) Authorize staff to amend the City's Coastal Development Permit (CDP) application for a Permanent Plan that would return 60 wood - burning rings to the community, with: 18 wood - burning rings at CdM State Beach (13 separated by 100' within the 700' of residences, and five more outside of the 700' line); • 26 wood - burning rings at the Balboa Pier area, with 13 on each side, all separated by 100'; • 9 wood- burning rings at the Newport Pier /North area, separated by 100; • 7 wood - burning rings at Newport Dunes, separated by 100'; and d) If the Council deems the Permanent Plan ready for the Coastal Development Permit (CDP) process, authorize staff to amend the CDP accordingly. XX. 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. XXI. 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.