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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING APRILI4, 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 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, 2i° Floor. Staff reports or other written documentation have been prepared or organized with respect to each item of business listed on the agenda. Study Sessions are usually held on the second and fourth Tuesdays of each month at 4:00 pm (subject to change). 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. newportbeachea .qov /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 citvclerkpnewportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH APRIL 14, 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 for Police Service Dog Retirement (3:35 p.m.) SS3. Presentation by Mothers Against Drunk Driving (3:40 p.m.) SS4. Presentation for National Library Week Proclamation (3:45 p.m.) SS5. Presentation for Field of Honor (3:50 p.m.) SS6. Master Arts and Culture and Arts Funding Discussion (3:55 p.m.) Discussion on the 2014 Arts and Culture Master Plan's possible amendment, adoption, and funding. SS7. Use of the City Seal for Non -City Business /Political Activities (4:45 p.m.) How should the City seal - or images of the City seal within a photograph - be allowed to be used in promotional /commercial /campaign or other materials or media? SS8. Update on Drought/Executive Orders regarding Water Conservation (5:30 p.m.) How will Governor Brown's recent Executive Order on water conservation affect area residents, businesses, and City operations? 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 Chambers 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. City Council Meeting April 14, 2015 Page 2 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). B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a), (d)(1)): 5 matters City of Newport Beach v. Banshee Construction Company, et al. Orange County Superior Court Case No. 30- 2011 - 00528392 -CU -BC -CJC Ronald Gamble, Todd Knipp and Ralph Restadius v. City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2014 - 00761136 -CU -OE -CJC Mayra Aguayo v. City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2014 - 00726219- CU -OEC -CJC Zachary McEligot v. City of Newport Beach, at al. United States District Court Case No. 8:13 -cv- 01490- AG -DFM Friends of the Fire Rings v. South Coast Air Quality Management District Orange County Superior Court Case No. 30- 2013 - 00690328- CU- WN -CXC C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION — SIGNIFICANT EXPOSURE TO LITIGATION (Government Code § 54956.9(d)(2) and (e)(1)): 3 matters D. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - LIABILITY CLAIM (Government Code § 54956.9(d)(2) and (e)(3)): 1 matter On April 7, 2015, Big Canyon Country Club submitted a claim pursuant to the Pursuant to Government Code Section 54957.5, a copy of the claim is available part of the Regular Meeting Agenda for this matter and at the City Clerk's Office, Drive, Newport Beach, CA 92660. 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 – Pastor David Manne, Calvary Chapel of Costa Mesa XI. PRESENTATION(S) - None Tort Claims Act. to the public as 100 Civic Center 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. City Council Meeting April 14, 2015 Page 3 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— 18) A. READING OF MINUTES AND ORDINANCES Minutes for the March 17, 2015 Special Meeting, the March 24, 2015 Special Meeting /Joint Meeting of the City Council and Finance Committee, and the March 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. ORDINANCE(S) FOR INTRODUCTION 3. Non - Exclusive Solid Waste Collection Franchise with Skyline Construction Services Inc., DBA Scor Industries, a California Corporation a) Adopt Resolution No. 2015 -24, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Conduct a Public Hearing to Consider the Granting of a Non - Exclusive Solid Waste Franchise to Skyline Construction Services Inc., d.b.a. Scor Industries, a California Corporation; b) Direct the City Clerk to publish Resolution No. 2015 -24 within 15 days of its adoption; and c) Introduce Ordinance No. 2015 -7, An Ordinance of the City Council of the City of Newport Beach Granting a Non - exclusive Solid Waste Franchise to Skyline Construction Services, Inc. d.b.a. Scor Industries, a California corporation, to Provide Solid Waste Collection Services Upon the City Streets and Within the City of Newport Beach, and pass to second reading on April 28, 2015. City Council Meeting April 14, 2015 Page 4 C. ORDINANCE(S) FOR ADOPTION 4. Adoption of Ordinance No. 2015 -6 Amending Newport Beach Municipal Code Chapter 5.04 Conduct second reading and adopt Ordinance No. 2015 -6, An Ordinance of the City Council of the City of Newport Beach Amending Municipal Code Chapter 5.04 to Update Business License Provisions. D. RESOLUTION(S) FOR ADOPTION 5. Revision to Council Policy L -2, Clarifying Requirements Regarding Curb Cuts on Corner Lots in Residential Areas a) Approve the proposed revisions to Council Policy L -2; and b) Adopt Resolution No. 2015 -25, A Resolution of the City Council of the City of Newport Beach Amending City Council Policy L -2 `Driveway Approaches ". 6. Amendment to the Orange County Waste Disposal Agreement Adopt Resolution No. 2015 -26, A Resolution of the City Council of the City of Newport Beach Approving an Amendment to the 2009 Waste Disposal Agreement with the County of Orange, and authorize the Mayor to execute the Agreement. E. CONTRACTS AND AGREEMENTS Sunset Ridge Park — Notice of Completion and Acceptance of Contract No. 3449 (CAP09 -0076) 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. 8. Big Canyon Reservoir Auxiliary Maintenance Yard Project - Completion and Acceptance of Contract No. 5222 (CAP13 -0005) 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. 9. Ocean Piers Maintenance Project- Completion and Acceptance of Contract No. 5539 (CAP14 -0025) 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. 10. 15th Street and Balboa Boulevard Revitalization — Approval of Professional Services Agreement with Psomas (CAP14 -0006) Approve a Professional Services Agreement (PSA) with Psomas of Santa Ana, CA for the 15th Street and Balboa Boulevard Revitalization project at a not -to- exceed price of $276,700.00, and authorize the Mayor and City Clerk to execute the Agreement. City Council Meeting April 14, 2015 Page 5 11. Bonita Creek Park Synthetic Field Turf Replacement — Award of Contract No. 5856(A) (CAP09 -0066) for Field Sub -Grade Preparation a) Approve the project plans and specifications; b) Reject the low bid received from Los Angeles Engineering, Inc. as non - responsive; c) Award Contract No. 5856(A) to Byrom- Davey, Inc. (Byrom- Davey), including additive bid items for the total bid price of $995,053.00, and authorize the Mayor and the City Clerk to execute the contract; d) Establish a contingency of $99,947.00, approximately 10 percent, to cover the cost of unforeseen work; and e) Approve Budget Amendment No. 15BA -042 recognizing $312,602.00 in rebate revenue from the Municipal Water District of Orange County (MWDOC) (25048891) and appropriating $312,602.00 to Account No. 7251- C4002017 for the purchase of synthetic turf material. 12. Multiple Buildings Painting Project — Award of Contract C -6013 (CAP15 -0047) a) Approve the project specifications and drawings; b) Declare the apparent low bidder ENL Service, Inc. as non - responsive; c) Award Contract No. 6013 to Tony Painting, Inc. for the total bid price of $191,500.00, and authorize the Mayor and City Clerk to execute the Contract; and d) Establish an amount of $19,000.00 (10 %) to cover the cost of unforeseen work not included in the original contract. 13. Request to Construct Private Improvements within the Public Right -of -Way at 1717 Bayadere Terrace a) Waive City Council Policy L -6, Private Encroachments in Public Rights -of -Way, to allow Owners to construct wooden steps and plant private trees which encroach in excess of 1 foot into the Bayside Drive 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 Owners, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. F. MISCELLANEOUS 14. Planning Commission Agenda for the April 9, 2015 Meeting Receive and file. 15. Public Works Inspection Services for OCSD Mariners Mile Sewer Rehabilitation Project Approve Budget Amendment No. 15BA -041 appropriating $80,000 from the unappropriated General Fund balance to 5100 -8080 for Public Works inspection services for work being performed by the Orange County Sanitation District within Newport Beach city limits. 16. Request for a Fee Waiver for the Environmental Nature Center Preschool Located at 745 Dover Drive (PA2015 -066) a) Find 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 15260(c)(3) (the activity is not a project as defined in Section 15378) of CEQA; and b) Approve a waiver zoning entitlement, building plan check fees, building construction permit fees, and encroachment permit fees associated with development of a preschool located at 745 Dover Drive. 17. Request for Fee Modification for Lido Live located at 3459 Via Lido a) Find 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 indirect physical change in the environment) and 15260(c)(3) (the activity is not a project as defined in Section 15378) of CEQA; and City Council Meeting April 14, 2015 Page 6 b) Approve a modification of the Police service fee for 19 Lido Live special events to $597.76 per event, which will reduce the outstanding balance from $22,085.70 to $8,899.58, a $13,186.12 reduction. 18. ABC Licenses, Crime Trends, and Options for Balboa Peninsula Direct staff to proceed with the following approaches for addressing concerns associated with businesses that serve alcoholic beverages on Balboa Peninsula: Part 1 - Maintain existing City regulations and work with restaurant and bar owners /managers on a voluntary basis to improve management/operations; Part 2 - Hold quarterly meetings with Mayor Pro Tern Dixon, interested residents, representatives from the restaurant and bar committee, and Police and Community Development staff; and Part 3 - If budget resources are available, increase Police presence at key times and seasons on the Balboa Peninsula. 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) 19. Uptown Newport Development Agreement Amendment located at 4311 -4321 Jamboree Road Staff requests that this item be continued to the April 28, 2015, City Council meeting to allow time for the applicant and staff to explore different options as recommended by the Planning Commission regarding additional public benefits in exchange for the proposed delay in fee payments. 20. Appeal and Call for Review Procedures Code Amendment a) Conduct a public hearing; b) Find that the adoption of Code Amendment No. CA2015 -001 is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines; c) Introduce Ordinance No. 2015 -8, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 20 of the Newport Beach Municipal Code Related to Planning Commission and City Council Appeals and Calls for Review (Staff Report Attachment No. CC 1), approving Code Amendment No. CA2015 -001 as recommended by the Planning Commission, and pass to second reading on April 28, 2015; and d) Introduce Ordinance No. 2015 -9, An Ordinance of the City Council of the City of Newport Beach, California, Amending Various Sections of the Newport Beach Municipal Code Related to Appeals and Calls for Review (Staff Report Attachment No. CC 2), and pass to second reading on April 28, 2015. 21. Electric Vehicle Charging Stations Fee Staff recommends the City Council adopt Resolution No. 2015 -27, A Resolution of the City Council of the City of Newport Beach Establishing a Fee for the Use of City Electric Vehicle Charging Stations. City Council Meeting April 14, 2015 Page 7 XX. CURRENT BUSINESS 22. Council Policy A -6: Items to be placed on Future Agendas for More Detailed Discussion Determine whether to place a discussion and action items on these subjects at a future Council meeting: a) Setting up a matching fund to assist in the Balboa Angling Club's repair of docks, floats, and other aspects of the facility on the Balboa Peninsula; b) Consolidating certain committees, which may include the Harbor Commission, the Tidelands Management Committee, and more; c) Updating the Sign Code to modify how the Code addresses open house signs; d) Asking the voters to amend the City Charter to require a 2 /3rds vote of the Council to place a tax increase on the ballot; and e) Changing the funding for Phase II of the Civic Center's Sculpture program. 23. Recommended Changes to the Special Event Support Funding Process a) Approve the proposed revisions to an Administrative Policy regarding the Special Event Support funding process; b) Preliminarily determine that $300,000 is the appropriate amount to fund in the City's FY 2015- 2016 General Fund budget for special event support; and c) Authorize staff to seek and review applications from event organizers and present funding recommendations for City Council approval. 24. Review of Proposed Fiscal Year 2015/2016 Capital Improvement Program Budget a) Review the draft Fiscal Year 2015/2016 Capital Improvement Program Budget and provide any further comments or direction necessary for staff to amend the budget document and return with the final draft document to City Council in late May or early June 2015 for approval and adoption of the Final Fiscal Year 2015/2016 Capital Improvement Program budget; and b) Authorize the staff to move forward with the sale of the Balboa Theater. 25. Balboa Village Fagade Improvement Program Funding and Source a) Approve Budget Amendment No. 15BA -039 that appropriates $98,500.00 from the Balboa Village Parking Management District Fund Balance to expenditure account 7444- C8002039, Balboa Village Commercial Fagade Improvement Program; and b) Authorize the Community Development Director to approve and execute the Grant Agreements. 26. Amendment of Newport Beach Municipal Code Chapter 12.44.020(F) — Parking Meter Zones Introduce Ordinance No. 2015 -10, An Ordinance of the City Council of the City of Newport Beach Amending Newport Beach Municipal Code Subsection 12.44.020(F) to add the Northerly Side of West Balboa Boulevard to On- Street Parking Meter Zone 6, and pass to second reading on April 28, 2015. 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.