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HomeMy WebLinkAbout0 - AgendaAMENDED AGENDA CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING MARCH 10, 2015 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 3:30 PM /CLOSED SESSION - AFTER STUDY SESSION AND JOINT MEETING WITH THE FINANCE COMMITTEE/ REGULAR MEETING - 7:00 PM EDWARD D. SELICH, Mayor DIANE B. DIXON, Mayor Pro Tem 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. ntation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk 24 hours prior to the City Council meeting. 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.00v). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH MARCH 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. Update on ABC Licenses, Crime Trends, Options for the Balboa Peninsula (3:35 p.m.) Mayor Pro Tern Dixon has asked that the Council and community discuss strategies for a better balance between impacts associated with a relatively high number of alcoholic beverage sales, licenses, and crimes and other nuisances, especially during weekend evenings and the busy summer season. Note: A third item (estimated start time of 4:30 p.m.) on the City Council Study Session (regarding an early look at the proposed FY 2015 -16 Capital Improvement Program) is a Joint Meeting between the City Council and the Finance Committee This item appears on a separate agenda, but is summarized here for the reader's convenience. The item is a chance for the Council and the Committee to offer their thoughts on staff's suggested funding priorities for various capital programs, including streets, sidewalks, storm drains, water and wastewater systems, facility improvements and more (often referred to as the Capital Improvement Program or CIP). 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 and Joint Meeting with the Finance Committee - Council Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City Manager; 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 March 10, 2015 Page 2 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a), (d)(1)): 3 matters Pacific Shores Properties, LL C, et al. v. City of Newport Beach Newport Coast Recovery, LL C, 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, 9`h 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. 4`h Civ. G050155 City of Newport Beach v. Banshee Construction Company, et al. Orange County Superior Court Case No. 30- 2011 - 00528392- CU- BC -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 - Noie LaRue, First Church of Christ, Scientist 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. City Council Meeting March 10, 2015 Page 3 XV. CONSENT CALENDAR (ITEMS 1 — 15 and S18) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the February 24, 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. ORDINANCES) FOR INTRODUCTION 3. Massage Establishment Regulations Introduce Ordinance No. 2015 -2, An Ordinance of the City Council of the City of Newport Beach Amending Newport Beach Municipal Establishments and Repealing Chapter 5.64 pass to second reading on March 24, 2015. C. RESOLUTIONS) FOR ADOPTION Code Chapter 5.50 Regulating Massage Regulating Holistic Health Practitioners, and 4. A Resolution Authorizing Suppression /Safety and Non-Suppression Personnel to be Compensated Portal -to- Portal for Services Rendered at Incidents, as Requested through the Mutual Aid System Adopt Resolution No. 2015 -15, A Resolution of the City Council of the City of Newport Beach Authorizing Suppression /Safety and Non - Suppression Personnel to be Compensated Portal - to- Portal for Services Rendered at Incidents, as Requested through the Mutual Aid System. 5. Approval of a Grant Agreement for the Community Paramedicine Data Project a) Adopt Resolution No. 2015 -16, A Resolution of the City Council of the City of Newport Beach Approving the Grant Agreement for the Community Paramedicine Data Project between the City of Newport Beach and the California Healthcare Foundation, and authorizing the City Manager to execute for, and on behalf of, the City to obtain the stipend provided by The California Healthcare Foundation; b) Accept the grant funding in the amount of $16,600 to be utilized for professional services to aid in data collection and reporting; and c) Approve Budget Amendment No. 15BA -036 to accept grant funds from the California Healthcare Foundation, increase revenue estimates by $16,600 in account 2340 -5066, and increase expenditure appropriations by $16,600 in account 2340 - 82007. 6. Summary Vacation of Storm Drain Easement at 121 Harbor Island Road a) Adopt Resolution No. 2015 -17, A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 5 -Foot Wide Storm Drain Easement at 121 Harbor Island Road (Lot 20 of Tract 3283); and Directing the City Clerk to Record Same with the County Recorder's Office; b) Direct staff to process the summary vacation of said easement; and c) Direct the City Clerk to have the Resolution and summary vacation document recorded by the Orange County Recorder. Summary Vacation of Sewer Easement and Request to Install Private Improvements within the Public Right-of-Way at 3235 Ocean Boulevard a) Adopt Resolution No. 2015 -18, A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 4 -Foot Wide Sewer Easement at 3235 Ocean Boulevard (Lot 5, Block D of Tract 1219); and Directing the City Clerk to Record Same with the County Recorder's Office; City Council Meeting March 10, 2015 Page 4 b) Direct staff to process the summary vacation of said easement; c) Direct the City Clerk to have all Resolutions and summary vacation documents recorded by the Orange County Recorder; d) Waive Council Policy L -6, Private Encroachments in Public Rights -of -Way, to allow a decorative driveway with concrete retaining walls, a 24 -inch wide concrete V -ditch swale behind said concrete retaining walls, a concrete stairway with retaining walls and wrought iron guard rails to a maximum height of 42- inches above stairway grade, a 14 -inch wide by 24 -inch deep by 48 -inch high plastered block mailbox, 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 e) 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. D. CONTRACTS AND AGREEMENTS 8. Bike Lane Improvement Project -Award of Contract No. 5653 (CAP14 -0035) a) Approve the project plans and specifications; b) Award Contract No. 5653 to Superior Pavement Markings, Inc. of Cypress, California for the Total Bid Price of $117,632.00, and authorize the Mayor and the City Clerk to execute the contract; and c) Establish an amount of $11,700.00 (approximately 10% of Total Bid) to cover the cost of unforeseen work. 9. Approve a Cooperative Agreement with Orange County Transportation Authority (OCTA) and Cities of Costa Mesa and Santa Ana for the Bristol Street Regional Traffic Signal Synchronization Project (CAP15 -0015) a) Approve the Cooperative Agreement No. C -4 -1882 between OCTA and Cities of Costa Mesa, Newport Beach and Santa Ana for Bristol Street Regional Traffic Signal Synchronization Project (TSSP); b) Authorize the Director of Public Works to approve future Amendments to the Bristol Street TSSP Cooperative Agreement; and c) Approve Budget Amendment No. 15BA -037 transferring $10,000 from Account No. 7013 - C3002028 (Newport Beach Bike Lane) and $1,000 from 7013- C3002021 (Eastbluff Dr./ Ford Rd. Bike Lane) to Account No. 7013- C3002026 (Bristol Street Signal Synchronization). 10. Request to Retain Existing Private Improvements within the Public Rights -of -Way at 2042 Miramar Drive a) Waive City Council Policy L -6, Private Encroachments in Public Rights -of -Way, to allow Owners to retain the existing brick wall with pilasters in excess of 3 -feet in height, that encroach up to 1 -foot into the Miramar Drive and M Street rights -of -way, contingent upon all conditions of the Encroachment Permit process being met; and b) Direct staff to enter into an Encroachment Agreement with Owners, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. 11. Approval of Agreement with Delta Systems Engineering, Inc. for Water and Wastewater Automation Upgrades Approve the agreement with Delta Systems Engineering, Inc. for Water and Wastewater Automation Upgrades for a total amount not to exceed $422,077.60, and authorize the Mayor and City Clerk to execute the agreement. City Council Meeting March 10, 2015 Page 5 E. MISCELLANEOUS 12. Planning Commission Agenda for the March 5, 2015 Meeting Receive and file. 13. Balboa Village Facade Improvement Program Funding Approve Budget Amendment No. 15BA -039 that appropriates $98,500 from the General Fund Neighborhood Enhancement B Reserve to expenditure account 7024- C8002039, Balboa Village Commercial Fagade Improvement Program, and authorize the Community Development Director to approve and execute Grant Agreements. 14. Schedule Extension of Orange County Transportation Authority (OCTA) Measure M2 Grant Funds for Newport Boulevard Widening (Via Lido to 30th Street) Project C-4881 (CAP12 -009) Approve the submittal of a schedule extension to OCTA for the Newport Boulevard Widening project (Via Lido to 30th Street). 15. Beach Fire Ring Coastal Development Permit (CDP) Application — Discussion of Alternatives (to be discussed at about 7:10 p.m.) Consider and discuss comments from the public, residents and other stakeholders about various alternatives for beach fire ring layouts. S18. Reimbursement Agreement to DJM Capital Partners, Inc. for Reconstruction of a City Water Main on Via Oporto a) Direct Staff to enter into a Reimbursement Agreement, as approved to form by the City Attorney, in an amount not to exceed $150,000.00 with DJM Capital Partners, Inc. for the reconstruction of a portion of the City's water main along Via Oporto adjacent to the Lido Marina Village Renovation project which is beyond the required scope of the project. The payment of said water main reconstruction cost will be from the Water Enterprise Fund; and b) Authorize the City Manager and City Clerk to execute the necessary Reimbursement Agreement with DJM Capital Partners, Inc. and the City Manager to approve and make any related reimbursement payments for said water main reconstruction work. 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) 16. Balboa Island Residential Condominium Prohibition Code Amendment a) Conduct a public hearing; b) Find that the adoption of Code Amendment CA2014 -005 is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines; and c) Introduce Ordinance No. 2015 -5, 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 to Prohibit Residential Condominium Projects in the R -BI Zoning District (Staff Report City Council Meeting March 10, 2015 Page 6 Attachment No. CC 1), approving Code Amendment No. CA2014 -007, and pass to second reading on March 24, 2015. XX. CURRENT BUSINESS 17. Bonita Creek Park Synthetic Turf Replacement Project — Award to FieldTurf USA, Inc. (CAP09 -0066) Authorize the Mayor to execute a contract with FieldTurf USA, Inc. based on substantially the same terms included in the State of California Multiple Awards Schedule Agreement No. 4-06-78 - 0031A, for the purchase and installation of synthetic turf materials for use at the Bonita Creek Park Sport Fields. 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.