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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING May 12, 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 TERRI CASSIDY - Deputy City Manager /Human Resources 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, 2nd 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: htto:// www. newportbeachca .00v /CouncilAgandas. 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 citvclerk(&newoortbeachca.00v). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH MAY 12, 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 Recognizing Lupus Awareness Month (4:05 p.m.) SS3. Presentation Recognizing Poppy Month (4:10 p.m.) SS4. Presentation Recognizing Building Safety Month (4:15 p.m.) SS5. Presentation Recognizing National Public Works Week (4:20 p.m.) SS6. Check Presentation to the Newport Beach Arts Foundation (4:25 p.m.) SS7. FY16 Operating Budget Overview (4:30 p.m.) The City Manager and Finance Director will present an overview of the proposed City budget for all funds for Fiscal Year 2015 -16. The Finance Committee will have received a similar briefing the day prior. This is the second of several meetings regarding the proposed budget, which is the most significant policy document that the City Council reviews in any one year. 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. 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 May 12, 2015 Page 2 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a), (d)(1)): 2 matters 1. Crystal Morales v. City of Newport Beach, at al. Orange County Superior Court Case No. 30- 2012 - 00606450- CU- PO -CJC 2. Friends of the Fire Rings v. South Coast Air Quality Management District, et al. Orange County Superior Court Case No. 30- 2013 - 00690328- CU- WN -CXC C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) and (e)(1)): 1 matter 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 Nate Furness, Costa Mesa 7th Day Adventist Church XI. PRESENTATIONS) - 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 May 12, 2015 Page 3 XV. CONSENT CALENDAR (ITEMS 1— 14) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the April 28, 2015 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. Uptown Newport Development Agreement Amendment Located at 4311 -4321 Jamboree Road - Second Reading (PA2015 -015) Conduct second reading and adopt Ordinance No. 2015 -11, An Ordinance of the City Council of the City of Newport Beach, California, 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). C. RESOLUTION(S) FOR ADOPTION 4. Summary Vacation of Existing Sewer Easement at 1111 Dolphin Terrace a) Adopt Resolution No. 2015 -30, A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 5 -Foot Wide Sewer Easement at 1111 Dolphin Terrace (Lot 10 of Tract 5130); 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 documents recorded by the Orange County Recorder. 5. Resolution of Intention to Renew the Corona del Mar Business Improvement District and Levy Assessments in Fiscal Year 2015 -2016 a) Approve the Corona del Mar Business Improvement District FY 2014 -2015 Annual Report; and b) Adopt Resolution No. 2015 -31, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Renew the Corona del Mar Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2015 to June 30, 2016, and Fix the Time and Place of a Public Hearing for May 26, 2015. 6. Resolution of Intention to Renew the Newport Beach Restaurant Association Business Improvement District and Levy Assessments in Fiscal Year 2015 -2016 a) Approve the Newport Beach Restaurant Association Business Improvement District FY 2014 -2015 Annual Report; and b) Adopt Resolution No. 2015 -32, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Renew the Newport Beach Restaurant Association Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2015 to June 30, 2016 and Fix the Time and Place of a Public Hearing for May 26, 2015. City Council Meeting May 12, 2015 Page 4 D. CONTRACTS AND AGREEMENTS Bayview Heights Drainage Project — Approval of a Professional Services Agreement with RBF Consulting (CAP15 -0033) a) Approve a Professional Services Agreement with RBF Consulting (RBF) of Irvine, California, to prepare a field survey, geotechnical testing and construction documents for the Bayview Heights Drainage Project at a not to exceed cost of $163,186, and authorize the Mayor and City Clerk to execute the Agreement; and b) Approve Budget Amendment No. 15BA -045 appropriating $50,000 from the un- appropriated General Fund balance to Account No. 7014- C5002022, as directed by City Council at its November 12, 2014 meeting. 8. Fire Station No. 6 Apparatus Bay Replacement Project — Approval of a Professional Services Agreement with STK Architecture, Inc. C -6016 a) Approve Budget Amendment No. 15BA -046 appropriating $119,350.00 from the unappropriated Master Facilities Financing Plan fund to Account No. 7404- C1002054 (Mariners Fire Station No. 6 Apparatus Bay Replacement Project) for the design work; and b) Approve a Professional Services Agreement with STK Architecture, Inc. of Temecula, California, to design and prepare the construction documents needed to replace the Fire Station No. 6 existing apparatus bay at a not -to- exceed cost of $119,350.00, and authorize the Mayor and City Clerk to execute the Agreement. 9. Approve the Professional Services Agreement for Potable Water Laboratory Services with Testamerica Laboratories, Inc. Approve Professional Services Agreement for Potable Water Laboratory Services with Testamerica Laboratories, Inc., a Delaware Corporation, for a five year term with a total amount not to exceed of $325,000, and authorize the Mayor and City Clerk to execute the agreement. E. MISCELLANEOUS 10. Appointments to the Aviation Committee Confirm Mayor Selich's nominations of Vicki Frank as the District 5 Member and Walter Richardson as the District 5 Alternate Member to the Aviation Committee. 11. Budget Amendment to Increase Revenue Estimates and Expenditure Appropriations for Private Surfing Classes and OASIS Fitness Center Personal Training Sessions Approve Budget Amendment No. 15BA -044 to increase surfing revenue estimates in account 4330 -5158 by $256,467 and related contract instructor expenditure appropriations for account 4330 -8380 by $205,174. Additionally, increase OASIS Fitness Center personal training revenues in account 4415 -5167 by $72,000 and related contract instructor expenditures in account 4415 -8380 by $50,400 (Staff Report Attachment A). 12. Grant Industrial Waste Permit to J &J Marine Acquisition Company, LLC a) Receive and review the report; b) Find no further investigation is necessary pursuant to NBMC 14.28.050 Issuance - Conditions; c) Find the issuance of the permit exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and d) Authorize the City Manager to execute the permit. City Council Meeting May 12, 2015 Page 5 13. Set Public Hearing Date to Adopt Fiscal Year 2015 -16 Budget Schedule a public hearing of the City's Proposed Budget for Fiscal Year 2015 -16 on May 26, 2015, and direct the City Clerk to publish a notice of said hearing in accordance with Section 1102 of the Newport Beach Charter. 14. Request for Proposals for Tree Maintenance Services Continue this item to the next meeting. 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) 15. Community Development Block Grant - 2015 -2019 Consolidated Plan, 2015 -2016 Action Plan, and Citizen Participation Plan Amendment a) Hold a public hearing to receive comments on the Draft 2015 -2019 Consolidated Plan, Draft 2015 -2016 Action Plan, and Draft Citizen Participation Plan Amendment; b) Find that the activity is exempt under 24 CFR Part 58, Section 58.34 of the National Environmental Policy Act of 1969 ( "NEPA "), as amended; and find the 2015 -2019 Consolidated Plan and Citizen Participation Plan Amendment are not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines; and find the 2015 -2016 Action Plan exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; c) Adopt Resolution No. 2015 -33, A Resolution of the City Council of the City of Newport Beach Approving the 2015 -2019 Consolidated Plan, the 2015 -2016 Action Plan, and an Amendment to the City's Citizen Participation Plan (Staff Report Attachment CC -1); and d) Authorize the City Manager to: 1) Submit the 2015 -2019 Consolidated Plan and 2015 -2016 Action Plan, and Citizen Participation Plan Amendment to HUD; 2) Execute the FY 2015 -2016 CDBG Program Grant Agreement and all related documents on behalf of the City; 3) Execute all subrecipient agreements with the nonprofit organizations receiving allocations of CDBG funds in the Action Plan; 4) Authorize the Community Development Director or his /her designee to be the official representative of the City of Newport Beach to administer the program and submit required environmental documentation to HUD for CDBG projects. 16. Height Overlay District Zoning Code Amendment in West Newport Mesa (PA2015 -047) a) Conduct a public hearing; b) Find the project to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15305, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 5 (Minor Alterations in Land Use Limitations). Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density. The Zoning Code Amendment creates a Height Overlay District to provide a mechanism to request additional residential building height, which provides for minor changes in land use limitations. The average slope of the properties involved is less than 20 percent and the project does not change the allowed land uses or density for any property within the Height Overlay District; City Council Meeting May 12, 2015 Page 6 c) Introduce Ordinance No. 2015 -12, An Ordinance of the City Council of the City of Newport Beach, California, Approving Zoning Code Amendment No. CA2015 -004 Creating a Height Overlay District to Allow Increased Residential Building Height for Properties Located in the Multiple Residential Zoning District in Statistical Area A2 in West Newport Mesa (PA2015- 047) (Staff Report Attachment No. CC 1), and pass to second reading on May 26, 2015; and d) Either accept the Planning Commission recommendation to prepare a Master Plan for streetscape improvements for the West Newport Mesa area consistent with General Plan Policies LU 6.6.3 and LU 6.6.4 and direct staff to return with a budget for the Master Plan for Council consideration or alternatively direct staff not to pursue a Master Plan at this time. XX. CURRENT BUSINESS 17. Regulations on Water - Propelled Vessels in Newport Harbor a) Adopt Ordinance No. 2015 -13, An Ordinance of the City Council of the City of Newport Beach, California, Prohibiting 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 26, 2015; or b) Provide other direction to staff. 18. Amendment of Water Conservation Ordinance a) Review and approve changes to Newport Beach Municipal Code 14.16, Water Conservation and Supply Level - Regulations. b) Introduce Ordinance No. 2015 -14, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Newport Beach Municipal Code to Amending Chapter 14.16 of the Newport Beach Municipal Code Pertaining to Water Conservation and Supply Level Regulations, and pass to second reading on May 26, 2015. 19. Resolution of Intent to Declare a Level Three Water Supply Shortage a) Adopt Resolution No. 2015 -34, A Resolution of the City Council of the City of Newport Beach Noticing its Intention to Declare a Level Three Water Supply Shortage, and conduct a public hearing on May 26, 2015, per Section 14.16 of the Newport Beach Municipal Code; and b) Direct the City Clerk to publish Resolution No. 2015 -34 fifteen (15) days within its adoption and at least ten (10) days before the public hearing on May 26, 2015. 20. Newport Boulevard Water Main Replacement (Via Oporto to 28th Street and 26th Street to 19th Street) - Award of Contract No. 5481 (CAP14 -0030) a) Approve the project plans and specifications; b) Award Contract No. 5481 to T.E. Roberts, Inc. for the total bid amount of $3,511,515.00, and authorize the Mayor and City Clerk to execute the contract; c) Establish a contingency of $350,000.00 (approximately 10% of Total Bid) to cover the cost of unforeseen work not included in the original contract; and d) Approve Budget Amendment No. 15BA -047 appropriating $260,000 from the Water Enterprise unappropriated fund balance to Account No. 7511- C6002014 to augment funding budgeted for Fiscal Year 2015 -16. 21. Council Policy Manual Update for 2015 a) Approve the following proposed revisions to the Council Policy Manual: A -2, A -6, A -9, A -12, A -14, A -17, B -1, B -7, B -10, B -13, B -16, D -4, D -8, F -2, F -14, F -27, H-3,1-2, 1 -11, K -3, L -16 and L -26; and b) Adopt Resolution No. 2015 -35, A Resolution of the City Council of the City of Newport Beach Adopting Revised City Council Policies. City Council Meeting May 12, 2015 Page 7 22. Adopt Resolution Establishing Two -hour Parking Restrictions on Old Newport Boulevard from Hospital Road to Catalina Drive a) Rescind Resolution No. 2014 -21; and b) Adopt Resolution No. 2015 -36, A Resolution of the City Council of the City of Newport Beach Limiting the Parking of Vehicles on Certain Streets and Rescinding Resolution No. 2014- 21, for the establishment of two -hour parking restrictions on Old Newport Boulevard from Hospital Road to Catalina Drive. 23. Council Policy A -6: Review of Commercial Marina Rental Rates; Consideration of Purchase of Residential Property at 230 Kings Place for a Park Determine whether to place a discussion and action items on these subjects at a future Council meeting: a) Review of Commercial Marina Rental Rates; and b) Consideration of purchasing residential property at 230 Kings Place (APN 049 - 202 -01) in the Cliff Haven neighborhood for a 0.38 -acre "passive park." 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.