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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL REGULAR MEETING JANUARY 27, 2015 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION — 4:00 PM /CLOSED SESSION — AFTER STUDY SESSION/ 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, Zo 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: httr): //www.newoortbeachGa.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 c itvclerk(o),newoortbeachca.aov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH JANUARY 27, 2015 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 from Newport Harbor High School Principal Sean Boulton (4:05 p.m.) SS3. Concepts /Approach for Change in Structure /Fees for Residential Piers, Commercial Piers, Moorings, Leases v. Permits (4:10 p.m.) Staff will present concepts for adjusting the structure and fee levels for various harbor uses, including residential docks, commercial marinas, and moorings. Additionally, the Council will discuss whether longer -term lease documents or single -year permits are more appropriate for some or all of these uses. SS4. Utility Undergrounding District (UUD) 101: Update from Public Works About the UUD Process and Issues (5:00 p.m.) The Public Works Department will summarize past approaches to lowering above - ground utility lines (plus poles and transformers) in older areas of the community. We'll also update the Council on current efforts to form assessment districts to do this work in various parts of the community, as well as to seek guidance from the Council on whether to revise any aspect of Council Policy L -28 ( "Assessment District Balloting Guidelines for Proposed New or Increased Special Assessments "), including regarding the voting of City -owned parcels within a proposed assessment area. An item later in the evening addresses this latter issue. 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 27, 2015 Page 2 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter John Stephen Vallely v. City of Newport Beach Orange County Superior Court Case No. 30- 2013 - 00677168- CU- PT -CJC 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) - None 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 - 17) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the January 13, 2015 Study Session and Regular Meeting Waive reading of subject minutes, approve as written, and order filed. City Council Meeting January 27, 2015 Page 3 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. B. RESOLUTION(S) FOR ADOPTION 3. Dinghy Rack Rental Rate Adopt Resolution 2015 -6, A Resolution of the City Council of the City of Newport Beach Setting Rent for Dinghy Rack Rental Space at Balboa Yacht Basin Located upon Tidelands, determining monthly rental rate for the dinghy racks at the Balboa Yacht Basin, and other future City dinghy rack locations such as Marina Park to be $25.00 per month. 4. Revision to Council Policy L -6, Permitting Artificial Turf in the Public Right -of -Way a) Approve the proposed revisions to Council Policy L -6; and b) Adopt Resolution No. 2015 -7, A Resolution of the City Council of the City of Newport Beach Adopting Revised City Council Policy L -6. C. CONTRACTS AND AGREEMENTS 5. Dolphin Deep Water Well Rehabilitation — Notice of Completion and Acceptance of Contract No. 5633 (A) (CAP14 -0037) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; 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 City Council acceptance. 6. St. James Road Sewer Relocation and CDS Unit Installation - Notice of Completion and Acceptance of Contract No. 4910 (CAP12 -0027) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; 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 the applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after Council acceptance. 2013 -2014 Streetlight Improvement Project - Notice of Completion and Acceptance of Contract No. 5495 (CAP14 -0016) 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. 8. Back Bay View Park Maintenance -Award of Contract No. 5892 (CAP14 -0021) a) Approve the project plans and specifications; b) Award Contract No. 5892 to KASA Construction Inc. for the total bid price, including additive items 1 and 2, for a total award of $310,400.00, and authorize the Mayor and City Clerk to execute the contract; and c) Establish a contingency of $31,400.00 (approximately 10 %) to cover the cost of unforeseen work not included in the original contract; and d) Approve Budget Amendment No. 15BA -027 appropriating $13,000 from project savings from the San Miguel Park Restroom project CIP Account No. 7015- C1002044 to Back Bay View Park Account No. 7015- C4002013. City Council Meeting January 27, 2015 Page 4 9. Bayside Drive Storm Drain Litter Removal —Award of Contract No. 5954 (CAP15 -0025) a) Approve the project plans and specifications; b) Award Contract No. 5954 to Clarke Contracting Corp. for the Total Bid Price of $328,100.00 and authorize the Mayor and City Clerk to execute the contract; and c) Establish a contingency of $33,000.00 (approximately 10% of Total Bid) to cover the cost of unforeseen work not included in the original contract. 10. Little Corona Infiltration Project — Approval of a Professional Services Agreement with RBF Consulting (CAP15 -0035) a) Approve a Professional Services Agreement with RBF Consulting (RBF) of Irvine, California, to prepare a field survey, geotechnical testing, entitlement documents and construction documents for the Little Corona Infiltration Project at a not -to- exceed cost of $109,925 and authorize the Mayor and City Clerk to execute the Agreement; and b) Approve Budget Amendment No. 15BA -028 unappropriating $110,000 from 7231 - C2502017 (Tidelands Funds) and appropriating $125,000 from the unappropriated General Fund balance to 7012- C2502017 for Little Corona Infiltration project. 11. Temporary Employment Agreement — Planner Authorize the City Manager to execute the Temporary Employment Agreement with retired employee Kay Sims to temporarily fill the position of a planner. C. MISCELLANEOUS 12. Planning Commission Agenda for the January 22, 2015 Meeting Receive and file. 13. Budget Amendment to Accept a Grant from OneOC and Appropriate Funds to the Tidepools Division in Fiscal Year 2 01 412 01 5 Approve Budget Amendment No. 15BA -025 to accept the OneOC grant, increase revenue estimates by $13,700 in account 4395 -5901, and increase expenditure appropriations by the same amount to Division 4395 ( Tidepools). 14. Confirm Appointments to the Finance Committee a) Confirm Mayor Selich's appointments of Council Member Keith Curry (Chair), Mayor Pro Tern Diane Dixon, and Council Member Tony Petros to serve on the Finance Committee; b) Confirm Mayor Selich's appointment of Larry Tucker to serve on the Finance Committee for a one -year term and waive Council Policy A -2, Appointments to Boards, Commissions, and Committees, only as it relates to serving on more than one City Board, Commission or Committee at any time; and c) Confirm Council Member Duffield's appointment of Jack Wu, Council Member Muldoon's appointment of John Warner, and Council Member Peotter's appointment of Bill McCoullough to serve on the Finance Committee for a one -year term. 15. Request to Initiate a Zoning Code Amendment to Allow Increased Residential Building Height in West Newport Mesa Direct staff to initiate a Zoning Code Amendment to allow increased residential building height in the Multiple Residential (RM) Zoning District in Statistical Area A2 of West Newport Mesa. 16. Request to Install Private Improvements within the Public Right -of -Way at 3225 Ocean Boulevard a) Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow a concrete stairway with retaining walls with a maximum height of 3.5 -feet above stairway grade, a 24 -inch square, 48 -inch tall plastered concrete block mailbox, a 24 -inch wide V -ditch swale, 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 City Council Meeting January 27, 2015 Page 5 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. 17. Request to Construct a New Driveway Within the Third Avenue Public Right -of Way Located at 521 Orchid Avenue in Corona del Mar Deny the request to construct a new driveway along the Third Avenue public right -of -way located at 521 Orchid Avenue in Corona del Mar since it does not comply with City Council Policy L -2, Driveway Approaches, Residential Zones and Residential Uses — Special Requirements, Section C.3 and require the proposed project to be redesigned to comply with Council Policy. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR XVIL 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) 18. A Zoning Code Amendment to Modify the Standards and Process for Reviewing Building Additions to Nonconforming Structures (PA2014 -083) No action required. XX. CURRENT BUSINESS 19. Discuss /Approve Harbor Commission Objectives for FY 2014 -15 Discuss and, if appropriate, approve the Harbor Commission's FY 2014 -15 Objectives. 20. Ebb Tide Project Relocation Impact Report for property located at 1560 Placentia Avenue (PA2014 -151) a) Receive public comment; b) Find that the application is not subject to the requirements of the California Environmental Quality Act ( "CEQA ") pursuant to Section 15061.b.3 of the State CEQA Guidelines; and c) Adopt Resolution No. 2015 -8, A Resolution of the City Council of the City of Newport Beach Determining that the Ebb Tide Project Relocation Impact Report is Sufficient Pursuant to Government Code Section 65863.7 for the Closure of the Ebb Tide Mobile Home Park Located at 1560 Placentia Avenue (PA2014 -151) (Staff Report Attachment No. CC 1). 21. Agreement to Purchase Two Fire Engines Approve the agreement with Pierce Manufacturing, Incorporated, of Appleton, Wisconsin, for the purchase of two 2015 Pierce Fire Engines for a total cost of $1,246,218.05. 22. 2014 -2015 Streetlight Improvement Project — Award of Contract No. 5818 (CAP15 -0014) a) Approve the project plans and specifications; b) Reject the low bid received from Horizons Construction Company International, Inc. (Horizons) as non - responsive; c) Award Contract No. 5818 to Elecnor Belco Electric, Inc. ( Belco), for the total bid price of $930,484.00 and authorize the Mayor and the City Clerk to execute the contract; d) Establish a contingency of $94,516.00, approximately 10 percent, to cover the cost of unforeseen work: and City Council Meeting January 27, 2015 Page 6 e) Approve Budget Amendment No. 15BA -026 appropriating $80,000.00 from Account No. 7015- C1002044 (General Fund project savings from San Miguel Park Restroom project) to Account No. 7013- C2201000 (General Fund Streetlight Replacement program). 23. Direction to Staff on Corona del Mar Traffic By -Pass Evaluation Effort Offer specific direction regarding: Should City staff undertake the effort to research, develop and evaluate possible ways to provide for, and /or encourage vehicle traffic to by -pass or otherwise avoid using Pacific Coast Highway through Corona del Mar to travel to Irvine, the Airport Area or the greater Orange County areas and beyond from the Crystal Cove, Laguna Beach area or other points south; and visa - versa. 24. Balboa Yacht Basin Management — Approval of a Professional Services Agreement with Basin Marine, Inc. Approve a five (5) year Professional Services Agreement with Basin Marine, Inc., of Newport Beach, California, to manage the Balboa Yacht Basin at a not to exceed cost of $895,200.00, including maintenance expenses, and authorize the Mayor and City Clerk to execute the Agreement. 25. Big Canyon Restoration Wetlands Project — Approval of Professional Services Agreement with Burns & McDonnell (CAP15 -0018) Assuming Council approval of the "Defend the Bay Water Quality Improvement Projects Agreement Matter No. A13- 00658" on this same meeting's agenda, authorize the approval of a Professional Services Agreement with Burns & McDonnell of Brea, California, to prepare a biological field survey; perform geotechnical testing; prepare California Environmental Compliance Act (CEQA) documents, permit applications and construction documents; provide coordination assistance with resource agencies; and perform construction services for the Big Canyon Restoration Wetlands Project at a not -to- exceed price of $599,750.00 and authorize the Mayor and City Clerk to execute the Agreement. 26. Defend the Bay Water Quality Improvement Projects Agreement Matter No. Al 3-00658 Authorize the City Manager to execute the Defend the Bay Water Quality Improvement Projects Agreement. 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.