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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING APRIL 28, 2015 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - CANCELLED /CLOSED SESSION — 6:00 PM/ 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, 20° 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 28, 2015 STUDY SESSION - CANCELLED /CLOSED SESSION - 6:00 PM/ REGULAR MEETING - 7:00 PM ROLL CALL — 6:00 p.m. 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. III. CLOSED SESSION — 6:00 p.m. - 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. 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)): 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, 9t' Circuit Case Nos. 11 -55460 & 11 -55461 City of Newport Beach v. Orange County Register, at al. Orange County Superior Court Case No. 30- 2015 - 00782207- CU- MC -CJC 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 IV. RECESS V. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING City Council Meeting April 28, 2015 Page 2 VI. ROLL CALL VII. CLOSED SESSION REPORT VIII. PLEDGE OF ALLEGIANCE IX. INVOCATION — Reverend Chineta Goodjoin, New Hope Presbyterian Church X. PRESENTATION(S) - None XI. 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. al IM UUT 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. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) 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. CONSENT CALENDAR (ITEMS 1— 11) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the April 14, 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 ADOPTION 3. Adoption of Ordinance No. 2015 -10 Amending Newport Beach Municipal Code Subsection 12.44.020(F) Conduct second reading and adopt 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 Blvd. to On- Street Parking Meter Zone 6. City Council Meeting April 28, 2015 Page 3 4. Appeal and Call for Review Procedures Code Amendment - Second Reading (PA2015- 029) a) Conduct second reading and adopt Ordinance No. 2015 -8, An Ordinance of the City Council of the City of Newport Beach Amending Title 20 of the Newport Beach Municipal Code Related to Planning Commission and City Council Appeals and Calls for Review (PA2015 -029) (Staff Report Attachment No. CC 1) b) Conduct second reading and adopt Ordinance No. 2015 -9, An Ordinance of the City Council of the City of Newport Beach Amending Various Sections of the Newport Beach Municipal Code Related to Appeals and Calls for Review (Staff Report Attachment No. CC 2) C. CONTRACTS AND AGREEMENTS 5. Back Bay Drive Roadway Maintenance Project — Completion and Acceptance of Contract No. 6005 (CAP15 -0041) 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. 6. Back Bay Drive Storm Drain Rehabilitation Project — Notice of Acceptance of Contract No. 5284 (CAP15 -0038) 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. 2014 -2015 Citywide Slurry Seal Program —Award of Contract No. 5895 (CAP15 -0013) a) Approve the project drawings and specifications; b) Award Contract No. 5895 to American Asphalt South, Inc., for the Total Bid Price of $485,035.00, and authorize the Mayor and the City Clerk to execute the contract; and c) Establish a contingency amount of $49,000 (10 %) to cover the cost of unforeseen work not included in the original contract. 8. Water Main Master Plan Replacement — Reject All Bids for Contract No. 4920 (CAP14- 0031) a) Reject all bids received for Contract No. 4920; and b) Direct staff to review the scope of work and re- advertise for bids. D. MISCELLANEOUS 9. Planning Commission Agenda for the April 23, 2015 Meeting Receive and file. 10. Appointment by Mayor of Ad Hoc Appointments Committee to Review Applications and Make Recommendations to the Full Council for the Board and Commission Vacancies a) Confirm Mayor Ed Selich's appointment of Mayor Ed Selich, Mayor Pro Tem Diane Dixon, and Council Member Tony Petros to serve on the Ad Hoc Appointments Committee to review applications and make recommendations to the full City Council for the Board and Commission vacancies; and City Council Meeting April 28, 2015 Page 4 b) Direct the City Clerk to post and publish a Vacancy Notice requesting that applications be submitted by 4:00 p.m. on Wednesday, May 13, 2015; schedule confirmation of nominees to be made on June 9, 2015; and make appointments on June 23, 2015. 11. Matching Maintenance Grant Funds to the Balboa Angling Club for Structural Foundation and Building Repairs a) Direct staff to develop a Grant Funding Agreement, as approved to form by the City Attorney, to provide for one -to -one matching grant funding up to, but not exceeding an amount of $30,000 to the Balboa Angling Club for the structural foundation and building repairs to the City owned building at 200 A Street; and b) Authorize the City Manager and City Clerk to execute the necessary Grant Funding Agreement with the Balboa Angling Club, and the City Manager to approve and make any related payments under said agreement for said structural repairs. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XV. ITEMS REMOVED FROM THE CONSENT CALENDAR XVI. 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. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVIII. PUBLIC HEARING(S) 12. Uptown Newport Development Agreement Amendment Located at 4311 -4321 Jamboree Road (PA2015 -015) a) Conduct public hearing; b) Find that all significant environmental concerns for the Uptown Newport project have been addressed in the previously certified Environmental Impact Report No. ER2012 -001 (SCH No. 2010051094), and the City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project; and c) Introduce Ordinance No. 2015 -11, An Ordinance of the City Council of the City of Newport Beach Approving First Amendment to Development Agreement No. DA 2012 -003 for the 25.05 Acre Planned Community Known as Uptown Newport Located at 4311 -4321 Jamboree Road (PA2015 -015) (Staff Report Attachment No. CC 1), and pass to second reading on May 12, 2015. 13. Participation in the Statewide Community Infrastructure Program a) Open a public hearing on the topic; b) Adopt Resolution No. 2015 -28, A Resolution of the City Council of the City of Newport Beach Authorizing the City to Join the Statewide Community Infrastructure Program; Authorizing the California Statewide Communities Development Authority to Accept Applications from Property Owners, Conduct Special Assessments within the Territory of the City of Newport Beach; Approving Form of Acquisition Agreement for Use when Applicable; and Authorizing Related Actions; and c) Authorize staff to execute all documents related to the above agreements. 14. Award of Non - Exclusive Solid Waste Collection Franchise to Skyline Construction Services, Inc. dba Scor Industries, a California Corporation a) Conduct public hearing to consider the award of a Non - Exclusive Solid Waste Franchise to Skyline Construction Services dba Scor Industries; and City Council Meeting April 28, 2015 Page 5 b) Adopt 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. dba Scor Industries, a California Corporation to Provide Solid Waste Collection Services upon the City Streets and Within the City of Newport Beach. 15. Electric Vehicle Charging Stations Fee a) Conduct public hearing; and b) 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. XIX. CURRENT BUSINESS 16. Limitations on Water - Propelled Vessels in Newport Harbor a) Adopt Resolution 2015 -29, A Resolution of the City Council of the City of Newport Beach Adopting City Council Policy H -6 Relating to Water - Propelled Vessels; and b) Adopt Ordinance 20154, An Ordinance of the City Council of the City of Newport Beach Regulating the Operation of Vessels Propelled by Water above the Surface of Newport Harbor, amending Newport Beach Municipal Code Section 17.20.060, and pass to second reading on May 12, 2015. 17. Council Policy A -6: Revisiting the RFP for Tree Trimming Services Determine whether to place a discussion and action items on this subject at a future Council meeting: a) A formal vote to suspend the Request for Proposals (RFP) process for tree trimming, removal, and replacement services. 18. Placement of "in God We Trust" Text in Council Chambers Select appropriate font and placement for "in God We Trust' in the Council Chambers. 19. Dover Drive and Westcliff Drive Street Rehabilitation — Award of Contract No. 5583(A) (CAP14 -0011) a) Approve the project drawings and specifications; b) Award Contract No. 5583(A) to All American Asphalt for the Total Bid Price of $3,293,293.00, and authorize the Mayor and the City Clerk to execute the contract; c) Establish an amount of $329,000.00 (10 %) to cover the cost of unforeseen work not included in the original contract; and d) Approve Budget Amendment No. 15BA -043 appropriating $500,000 from the unappropriated Transportation and Circulation Fund to Account No. 7261- C2002018; appropriating $350,000 from the unappropriated Gas Tax Fund to Account 7181- C2002018; and transferring/ re- appropriating $250,000 from General Fund project savings to Account No. 7013 - C2002018, including $26,000 from 7013- C2001009 (Sidewalk, Curb and Gutter), $7,700 from 7013- C2202002 (Harbor Hills Streetlighting), $28,800 from 7011- C1002043 (Newport Coast Community Center Remodel), $44,500 from 7013- C2001011 (Slurry Seal Program), $15,000 from 7013- C3002021 (Eastbluff Dr Ford Rd Bike Lane), $50,000 from 7015- C4002010 (Bonita Canyon Sports Park Parking Lot Improvements), $1,600 from 7013- C2002028 (Bristol St Landscaping), $5,000 from 7013- C2002050 (Irvine Ave Medians), $53,000 from 7013 - C2002057 (Asphalt Alley Replacement), $1,300 from 7014- C3002020 (Bayside Cove Walkway), $5,600 7012- C7002005 (St. James Sewer Relocation) and $6,000 from 7014- C8002023 (Neighborhood Revitalization Planning), $1,900 from 7013- C2002063 (Balboa Blvd Landscaping), and $3,600 from 7012- C2502006 (19th St Bay Ave Tidal Structure). 20. HUD Section 108 Loan Refinancing Staff recommends that City Council grant the City Manager authorization to approve the documents necessary to implement the refinancing at this time, including: a) Contract for Loan Guarantee Assistance for Series 2015 -A, specifying the terms and provisions of which the promissory note are to be issued and administered. City Council Meeting April 28, 2015 Page 6 b) Fixed Rate Note for Series 2015 -A Certificates, specifying among other things, the specific provision that proceeds of this note shall be used solely for the purpose of refinancing, through defeasance, funds advanced under previous Note Series 2002 -A. Staff further recommends that, in addition to the documents listed above, City Council authorize the City Manager or his designee to do any and all things, to take such actions, and to execute and deliver any and all documents deemed necessary or advisable in order to carry out, give effect to, and comply with the terms and intent of the Series 2015 -A promissory note. 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.