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HomeMy WebLinkAbout0 - AgendaAMENDED (ITEMS 4 &5) CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING May 26, 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 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 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, 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 citvclerk(a)newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH MAY 26, 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. Budget - Part 2 (4:05 p.m.) Staff will present a few follow -up issues from the Council's previous discussions about the proposed FY 2015 -16 budget, including the Facilities Financing Plan (FFP) and the "Budget Checklist." The Checklist typically addresses issues brought up by Council or staff following the preparation of the proposed budget, and becomes an amendment to the proposed budget. The final adopted budget includes the proposed budget plus the checklist. SS3. Wastewater Rate Study (4:45 p.m.) The City has recently hired an outside expert to take a look at the rate structure and capital demands of the long -term wastewater fund. Staff will go over aspects of the report with the City Council and community. If the rate structure continues as is without any change, eventually the wastewater reserve fund will be depleted. 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. IV V 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. 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). RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING City Council Meeting May 26, 2015 Page 2 VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE X. INVOCATION - Mustafa Umar the Education Director and Zuhair Shaath the Outreach Director, Islamic Institute of Orange County 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. M MY MY 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 - 16) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the May 12, 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. Amendment to Newport Beach Municipal Code Chapter 14.16 (Water Conservation Ordinance and Supply Level Regulation) a) Review and approve changes to Newport Beach Municipal Code 14.16 (Water Conservation and Supply Level Regulations). City Council Meeting May 26, 2015 Page 3 b) Introduce Ordinance No 2016 -14, An Ordinance of the City Council of the City of Newport Beach Amending the Newport Beach Municipal Code to Amend Chapter 14.16 Regarding Water Conservation, and pass to second reading on June 9, 2015. 4. Water - Propelled Vessels in Newport Harbor — Code Modification to Restrict and Regulate Operations a) Introduce and conduct a first reading of Ordinance No. 2015 -13, An Ordinance of the City Council of the City of Newport Beach Regulating and Limiting the Operation of Vessels Propelled by Water Above the Surface of Newport Harbor, and pass to second reading on June 9, 2015; b) Adopt Resolution No. 2015 -39, A Resolution of the City Council of the City of Newport Beach Adopting City Council Policy H -6 Relating to Water Propelled Vessels; and c) Provide feedback, if any, to staff regarding the establishment of a temporary anchorage area in the Turning Basin. C. ORDINANCE(S) FOR ADOPTION 5. Second Reading of Ordinance for Height Overlay District Zoning Code Amendment in West Newport Mesa (PA2015 -047) a) 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); and b) Conduct a second reading and adopt 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). D. RESOLUTIONS) FOR ADOPTION 6. Resolution Reaffirming Support of Proposition 13 Adopt Resolution No. 2015 -38, A Resolution of the City Council of the City of Newport Beach in Support of Proposition 13. 7. Adoption of Fiscal Year 2015 -16 Appropriations Limit Adopt Resolution No. 2015 -39, A Resolution of the City Council of the City of Newport Beach Determining and Establishing an Appropriations Limit for Fiscal Year 2015 -16 in Accordance with Article XIIIB of the California Constitution and Government Code Section 7910, in the amount of $167,578,050. E. CONTRACTS AND AGREEMENTS 8. Police Facility Carpet Replacement Project —Award Contract No. 6015 Authorize the Mayor to execute a contract with Commercial Interior Resources (CIR) of Irvine, California, under the terms of NJPA Contract No. 022712 -IFA and the City's Special Conditions for the purchase and installation of replacement carpeting for the Police Facility. 9. Request to Retain and Install Private Improvements within the Park Avenue Public Right -of -Way at 501 Park Avenue a) Waive Council Policy L -6, Private Encroachments in Public Rights -of -Way, to retain an existing raised concrete patio slab and wrought iron fencing with a total maximum height of 3 -feet that encroaches in excess of 1 -foot into the Park Avenue right -of -way, contingent upon all conditions of the Encroachment Permit process being met; City Council Meeting May 26, 2015 Page 4 b) Waive City Council Policy L -6, Private Encroachments in Public Right -of -Way, to allow the installation of a portion of an ADA curb ramp and separate raised planter with a maximum height of 6- inches that encroaches in excess of 1 -foot into the Park Avenue right -of -way, contingent upon all conditions of the Encroachment Permit process being met; and c) Direct staff to enter into an Encroachment Agreement with the Owner and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. 10. Approval of Three (3) On -Call Repair Services Agreements for Underground Utility Installation and Repair Services a) Approve an on -call repair services agreement with underground utility installation and repair services, ar Clerk to sign the agreement; b) Approve an on -call repair services agreement with GCI utility installation and repair services, and authorize th e agreement; and Doty Bros. Equipment Co. for 1 authorize the Mayor and City Construction, Inc. for underground Mayor and City Clerk to sign the c) Approve an on -call repair services agreement with T.E. Roberts, Inc. for underground utility installation and repair services, and authorize the Mayor and City Clerk to sign the agreement. 11. Approval of On -Call Maintenance and Repair Agreement with Sancon Engineering for As- Needed Pipelining Services Approve the on -call maintenance and repair services agreement with Sancon Engineering for as- needed pipelining services for a term of three years with a total amount not to exceed $200,000, and authorize the Mayor and City Clerk to execute the agreement. 12. Approval of On -Call Repair Services Agreement with International Line Builders for On- Call Streetlight Repairs Approve an on -call repair services agreement with International Line Builders, Inc. for streetlight repair services, and authorize the Mayor and City Clerk to sign the agreement. 13. Tentative Agreement with the Newport Beach Lifeguard Management Association Receive and consider the Tentative Agreement between the City of Newport Beach and the Newport Beach Lifeguard Management Association (Staff Report Attachment A), in advance of adopting a successor Memorandum of Understanding for the period July 1, 2014 through December 31, 2017, to be presented for City Council consideration no sooner than June 9, 2015. 14. Acquisition of 2015 Rule 20A Credits from the City of Mission Viejo a) Upon approval of funding in the FY 2015/16 budget, authorize the City Manager to execute the Memorandum of Understanding (MOU) between the City of Newport Beach and City of Mission Viejo documenting details of transaction for the Rule 20A credit acquisition and to provide the City of Newport Beach first right of refusal to purchase additional Rule 20A credits from the City of Mission Viejo, as it becomes available, at a purchase rate of $0.55 on the dollar; and b) Authorize staff to process the Rule 20A credit transfer between the City of Newport Beach and City of Mission Viejo with SCE. F. MISCELLANEOUS 15. Planning Commission Agenda for the May 21, 2015 Meeting Receive and file. City Council Meeting May 26, 2015 Page 5 16. Changes to the Fiscal Sustainability Plan and Finance Committee Administrative Practices a) Amend the Fiscal Sustainability Plan as described in Staff Report Attachment A; and b) Adopt Resolution No. 2015 -40, A Resolution of the City Council of the City of Newport Beach Amending the Administrative Practices of the Finance Committee (Staff Report Attachment B). 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) 17. Minor Amendments to Newport Beach Zoning Code (PA2015 -056) a) Conduct a public hearing; b) Find that the adoption of Code Amendment No. CA2014 -005 is categorically exempt under Section 15305, of the State CEQA (California Environmental Quality Act) Guidelines - Class 5 (Minor Alterations in Land Use Limitations ); 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); and under CEQA Regulation Section 15061(b)(3) because the amendment has no potential for causing a significant effect on the environment; and c) Introduce Ordinance No. 2015 -15, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to Correct Unintended Changes to Zoning Regulations that were Created with the Comprehensive Update in 2010 (PA2015 -056), approving Code Amendment No. CA2015 -005 (Staff Report Attachment No. CC 1), and pass to second reading on June 9, 2015. 18. Conduct a Public Hearing and Adopt Resolution for Level Three Water Supply Shortage Continue the item to June 9, 2015 City Council Meeting. 19. Resolution No. 2015 -41: Renewal of the Corona del Mar Business Improvement District for Fiscal Year 2015 -2016 and Board Appointments for Fiscal Year 2015 -2016 a) Hold a public hearing regarding the renewal of the Corona del Mar Business Improvement District; b -1)If protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2015 -41, A Resolution of the City Council of the City of Newport Beach Confirming the Levying of Assessments for the Fiscal Year of July 1, 2015 to June 30, 2016 for the Corona del Mar Business Improvement District; OR b -2)lf protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the Corona del Mar Business Improvement District; OR b -3)lf the majority protest is only against the furnishing of a specific type or types of improvements or activity or benefit within the BID, those types of improvements or activities or benefit zones shall be eliminated; and City Council Meeting May 26, 2015 Page 6 c) Appoint the following to the Corona del Mar Business Improvement District Advisory Board of Directors for Fiscal Year 2015 -2016: Keith Dawson, Dawson & Dawson Hamid Kianipur, 76 Gas Station Scott La Fleur, Sherman Library & Gardens, representing Cafe Jardin Scott Laidlaw, Laidlaw Schultz Architects Shawn Lim, Rose Bakery Cafe Michelle Peschel, Villa Real Estate Jessica Prause, The Port Theatre Bernie Svalstad, BPS Financial Jim Walker, The Bungalow Restaurant 20. Resolution No. 2015 -42: Renewal of the Newport Beach Restaurant Association Business Improvement District for Fiscal Year 2015 -2016 and Board Appointments for Fiscal Year 2015 -2016 a) Hold a public hearing regarding the renewal of the Newport Beach Restaurant Association Business Improvement District; b -1)[f protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2015 -42, A Resolution of the City Council of the City of Newport Beach Confirming the Levying Assessments for the Fiscal Year of July 1, 2015 to June 30, 2016 for the Newport Beach Restaurant Business Improvement District; OR b -2)lf protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the Newport Beach Restaurant Association Business Improvement District; OR b -3)[f the majority protest is only against the furnishing of a specific type or types of improvements or activity or benefit within the BID, those types of improvements or activities or benefit zones shall be eliminated; and c) Appoint the following to the Newport Beach Restaurant Association Business Improvement District Advisory Board of Directors for Fiscal Year 2015 -2016: Antonio Bevacqua, Canaletto Restorante Joe Campbell, Ruby's Diner, Balboa Pier Sheri Drewry, Wilma's Patio Stephen Joyce, Newport Beach Tennis Club Mario Marovic, Malarky's Irish Pub Dan Miller, The Village Inn Cindy O'Shea, Whole Foods Alexandra Robinson, Park Avenue Cafe John Robinson, Amelia's Seafood & Italian Restaurant Ron Schwartz, Muldoon's Irish Pub Jim Walker, The Bungalow Restaurant 21. Resolution No. 2015 -43: Fiscal Year 2015 -16 Budget Adoption a) Hold the public hearing on the Proposed Budget for Fiscal Year 2015 -16. After taking public input, discuss Council member recommendations for additions, deletions, or modifications to proposed budget and budget checklist; b) Conduct a straw vote on the "checklist" of budget revisions, including those items added, changed or removed during the public hearing. Based on the straw vote, checklist items approved will be included in the City's Fiscal Year 2015 -16 Approved Budget; c) Approve Resolution No. 201543, A Resolution of the City Council of the City of Newport Beach Adopting the Budget for the 2015 -16 Fiscal Year, as amended by Items 1 -2 above; and d) Approve the list of projects, scope (as measured in dollars), and timing contained within the Facilities Financial Plan (FFP). City Council Meeting May 26, 2015 Page 7 XX. CURRENT BUSINESS 22. Illuminated Street Name Signs Design at Signalized Intersections Approve a new standard design for illuminated street name signs at signalized intersections. 23. Approve Amendment No. One to the Landscape Agreement for Parks and Facilities Maintenance with Pinnacle Landscape Company Approve Amendment No. One with Pinnacle Landscape Company for landscape maintenance services of parks and facilities at an increased total compensation of $448,471.69 for the remaining four years of the agreement, and authorize the Mayor and City Clerk to execute the amendment. 24. November 8, 2016 General Municipal Election - Ballot Measure Adopt Resolution No. 2015 -44, A Resolution of the City Council of the City of Newport Beach Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 8, 2016, and Ordering the Submission of a Proposed Amendment to the City Charter to the Electors, the "Newport Beach Taxpayer Protection Act' (Measure _ - Require 5 of 7 Votes of the City Council to Propose Taxes). 25. Tidelands Management Committee and the Harbor Commission: Discussion of Consolidation or Other Changes a) Discuss and agree upon any possible changes to the Tidelands Management Committee and the Harbor Commission, including dissolution if applicable; and b) If applicable, direct staff to return to the Council with a resolution(s) making any changes. 26. Request for Proposals for Tree Maintenance Services (cont. from 5112/2015) Provide direction to staff regarding the recently - closed RFP for tree maintenance services. 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.