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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2015 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION — 3:30 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 FEBRUARY 10, 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: Orange County Human Relations Commission Annual Report (3:35 p.m.) A representative of the Orange County Human Relations Commission will visit the Council Chambers to provide a report on 2014's activities. SS3. Review of the 15th Street Rehabilitation Project (3:45 p.m.) With improvements underway along Balboa Boulevard as well as at Marina Park, staff has developed some ideas to improve the small stretch of 15`h Street between the Ocean and the American Legion facility, including repaving, adding parking, and improving landscaping and aesthetics. SS4. Actions Steps Relative to Utility Undergrounding - Follow -up to the January 27, 2015 Meeting (4:30 p.m.) The City Council asked the staff to return at this meeting with ideas to improve the assessment district and utility undergrounding process, as well as ways to reduce its cost to residents. Staff will review proposed action items with the community and Council. 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 NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager; Negotiator. 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 February 10, 2015 Page 2 B. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Government Code § 54956.9(a), (d)(1)): 3 matters 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 (RNBx) United States Court of Appeals, 9th Circuit Case Nos. 11-55460&11-55461 Woody's Group, Inc. v. City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2013 - 00687091 California Court of Appeal, Division 3, Case No. 4th Civ. G050155 City of Newport Beach v. Lido Partners, et al. Orange County Superior Court Case No. 30- 2014 - 00715029- CU- OR -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 - Reverend Canon Cindy Evans Voorhees, St. James the Great Episcopal Church XI. PRESENTATION(S) Junior Lifeguard of the Year 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 February 10, 2015 Page 3 XV. CONSENT CALENDAR (ITEMS 1 - 10) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the January 27, 2015 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. Massage Establishment Regulations a) Introduce Ordinance No. 2015 -2, An Ordinance of the City Council of the City of Newport Beach Amending Newport Beach Municipal Code Chapter 5.50 Regulating Massage Establishments, and pass on to second reading on February 24, 2015; and b) Adopt Resolution No. 2015 -9, A Resolution of the City Council of the City of Newport Beach Amending the Master Fee Schedule to Eliminate Outdated Massage Fees, which will remove nine (9) outdated massage technician fees. C. CONTRACTS AND AGREEMENTS 4. Harbor Piers Maintenance Project — Completion and Acceptance of Contract No. 5756 (CAP14 -0023) 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. 5. Marina Park Project — Marina Basin Construction Including Dredging, Bulkheads, Grading and Soil Remediation (Bid Package 2) — Notice of Completion of Contract No. 3897 -B (CAP -09 -0070) 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. Back Bay Drive Roadway Maintenance Project — Award of Contract No. 6005 (CAP15- 0014) a) Approve the project plans and specifications; b) Award Contract No. 6005 to Pavement Coatings Company for the total bid price of $182,098.20, and authorize the Mayor and City Clerk to execute the contract; c) Establish a contingency of $18,002.00 (approximately 10 %) to cover the cost of unforeseen work not included in the original contract; and d) Approve Budget Amendment No. 15BA -032 transferring project savings from completed Bike Safety Reserve projects ($23,394.00 from Account No. 7014- C3002021 Eastbluff Drive /Ford Road Bike Lane and $3,551.00 from the Account No. 7014- C3002025 Bicycle Lane Signs) to Account No. 7014- C3002032; and appropriating $69,230.20 from the unappropriated Bike Safety Reserve Fund to Account No. 7014- C3002032 for a total Bike Safety Reserve funding of $96,175.20 for Back Bay Drive Roadway project. City Council Meeting February 10, 2015 Page 4 7. Lease Agreement between the City of Newport Beach and Newport-Mesa Unified School District, Authorizing the Lease of Playground Area on Tidelands and Filled Lands for Joint Use with Newport Elementary School Located at 1327 West Balboa Boulevard a) Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to 15060(c)(2) (the activity will not result in a direct or reasonably forseeable 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, because it has no potential for resulting in physical change to the environment, directly or indirectly; b) Approve and authorize the Mayor and City Clerk to execute a 50 -year lease agreement (Staff Report Attachment CC 1) with Newport-Mesa Unified School District; and G) Approve a waiver of City Council Policy F -7 based on the findings contained in the staff report and lease agreement. 8. Authorize the Purchase of ATT Telecommunication and Network Services through the State of California CALNET 3 Agreement Authorize the City of Newport Beach (City) to use the State of California CALNET 3 statewide contract (telecommunications and network services) to purchase ATT (ATT) telecommunications products and services, and authorize the City Manager or his delegate to sign the required Authorization To Order (ATO) form on behalf of the City. C. MISCELLANEOUS 9. Request to Initiate a Zoning Code Amendment Regarding Appeal Procedures a) Find that this action is not subject to the California Environmental Quality Act ( "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; and b) Direct staff to initiate an amendment to the procedures included in Chapter 20.64 Appeals of the Zoning Code that would allow members of the City Council and Planning Commission to initiate an appeal of the Community Development Director, Zoning Administrator, Planning Commission, and Hearing Officer as appropriate, and to be exempt from paying any filing fee. 10. Council Policy A -6: Balboa Peninsula Overlay District Direct staff to initiate an amendment to the Zoning Code and other related Municipal Code sections as necessary to create the Balboa Peninsula Overlay District. The overlay district would include performance standards and regulations specific to the Balboa Peninsula in order to address the effects of on -sale alcoholic beverage service and, direct staff to bring this matter back to the City Council for a Study Session prior to scheduling Planning Commission hearings. 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 City Council Meeting February 10, 2015 Page 5 XIX. PUBLIC HEARING(S) 11. A Zoning Code Amendment to Modify the Standards and Process for Reviewing Building Additions to Nonconforming Structures (PA2014 -083) a) Conduct a public hearing; b) Find that the adoption of Code Amendment No. CA2014 -004 is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines; and c) Introduce Ordinance No. 2015 -3, An Ordinance of the City Council of the City of Newport Beach Approving an Amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code Revising the Amount of Floor Area Additions Allowed to Nonconforming Structures (PA2014 -083) (Staff Report Attachment No. CC 1), approving Code Amendment No. CA2014 -004 as recommended by the Planning Commission, and pass to second reading on February 24, 2015. 12. Annual Monitoring Review of Development Agreement No. 14: Newport Coast (PA2011- 030) a) Conduct a public hearing; b) Find that the action is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines; c) Find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and d) Receive and file the 2013 Annual Monitoring Report of the Annexation and Development Agreement (Staff Report Attachment No. CC 1). XX. CURRENT BUSINESS 13. Approval of Agreement with Ferguson Waterworks Meter & Automation Group for As- Needed Water Meter Installation and Replacement Services Approve the agreement with Ferguson Enterprises, Inc. DBA Ferguson Waterworks Meter & Automation Group for as- needed installation and replacement services for a five year term at a total amount not to exceed $920,000, and authorize the Mayor and City Clerk to execute the agreement. 14. Marina Park Project — Marina Docks (Bid Package 4) — Award of Contract No. 3897 -D (CAP09 -0070) a) Approve the project drawings and specifications; b) Award Contract No. 3897 -D (Marina Park Project — "Marina Docks ") to Bellingham Marine Industries, Inc. of Dixon, California, for the total bid price of $2,937,661.00, and authorize the Mayor and the City Clerk to execute the contract; c) Establish a contingency of $293,739.00 (approximately ten percent) to cover the cost of unforeseen work; and d) Approve Budget Amendment No. 15BA -029 appropriating $1,676,400.00 from the unappropriated Tidelands Harbor Capital Fund to Account No. 7241- C4002002 for Marina Park. 15. Bay Avenue Pavement Reconstruction — Award of Contract No. 5580 (CAP15 -0010) a) Approve the project plans and specifications; b) Award Contract No. 5580 to Nobest, Inc. for the total bid price of $826,000.00, and authorize the Mayor and City Clerk to execute the contract; c) Establish a contingency of $82,600.00 (approximately 10 %) to cover the cost of unforeseen work not included in the original contract; and City Council Meeting February 10, 2015 Page 6 d) Approve Budget Amendment No. 15BA -033 appropriating $40,000 from Account No. 7282 - C200247 (Measure M2 Fair Share project savings) to Account No. 7282- C2002044 (Bay Avenue Pavement Reconstruction project); transferring $80,000 from 7181- C2001012 (Gas Tax project savings) to Account No. 7181- C2002044 (Bay Avenue Pavement Reconstruction project); appropriating $80,000 from the unappropriated Gas Tax Fund balance to Account No. 7181- C2002044 (Bay Avenue Pavement Reconstruction project); and recognizing a contribution of $18,925 from a private party and appropriating $18,925 to Account No. 7251 - C2002044 (Bay Avenue Pavement Reconstruction project). 16. Residential Piers: Adjusting the Rental Calculation and Approving a Revised Model Permit Template Adopt Resolution No. 2015 -10, A Resolution of the City Council of the City of Newport Beach Adjusting the Rental Calculation and Approving a Revised Model Permit Template for Residential Piers Located Upon Tidelands, which revises the residential pier permit to protect residential piers from unlawful seizure, adjusts the rental fee to reflect a revised fair market value of $0.50 /SF, and reduces the pier footprint to exclude the interior U -shape of a slip. 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.