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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING July 14, 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 CAROL JACOBS - Interim Assistant City Manager TERRI CASSIDY - Deputy City Manager 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. 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/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)newoortbeachca.00v). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH July 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. Balboa Island Seawalls — Repair and Maintenance Options (3:35 p.m.) Our Public Works staff and consultants will summarize options for the Council to consider to repair, replace or possibly increase the height of the public seawalls around Balboa Island. It's not just that the sea level may be rising — it's also that some of the walls may be nearing the end of their useful life. The Tidelands Management Committee has gone over similar information in the last 24-30 months, and it's time to discuss the options further with the community and City Council. Public input is welcomed on this important issue, especially from Balboa Island residents. 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 limil 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, Terri Cassidy, Deputy City Manager, and Jonathan Holtzman; 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 ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 2 matters City Council Meeting July 14, 2015 Page 2 C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a), (d)(1)): 1 matter Pacific Shores Properties, LLC, et al. v. City of Newport Beach Newport Coast Recovery, LLC, at a/. 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, 9th Circuit Case Nos. 11-55460 & 11-55461 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 - Rabbi K'vod Wieder, Temple Beth EI of South Orange County 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. 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. XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • After 5 -years' Notice, Shall the City Consider Moving to a Different Commercial Waste Hauling Model Subject to a Competitive Bid Process that Addresses Community Traffic, Noise and Quality of Life Issues? 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 July 14, 2015 Page 3 XV. CONSENT CALENDAR (ITEMS 1 - 14) A. READING OF MINUTES AND ORDINANCES Minutes for the June 16, 2015 Special Meeting and the June 23, 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. Hotel Guest Registry Inspections Introduce Ordinance No. 2015-22, An Beach, California, Amending Section Regarding Inspections of Hotel Guest 2015. C. ORDINANCE(S) FOR ADOPTION Ordinance of the City Council of the City of Newport 5.36.020 of the Newport Beach Municipal Code Registries, and pass to second reading on July 28, 4. Adoption of Ordinance No. 2015-20 Amending Newport Beach Municipal Code Subsection 12.44.040 Conduct second reading and adopt Ordinance No. 2015-20, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Section 12.44.040 to Increase On -Street Parking Meter Fees. 5. Adoption of Ordinance No. 2015-21 Amending Newport Beach Municipal Code Section 11.08.060 of Chapter 11.08 Conduct second reading and adopt Ordinance No. 2015-21, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 11.08.060 of Chapter 11.08 of the Newport Beach Municipal Code Relating to Beach Fire Rings. D. RESOLUTIONS) FOR ADOPTION 6. Petition Certification and Request for Funding for Proposed Underground Assessment District No. 116 (Area bounded by: Channel Road, the Rivo Alto Channel, 38th Street and Balboa Boulevard) a) Adopt Resolution No. 2015-60, A Resolution of the City Council of the City of Newport Beach, California, Accepting Petition of Assessment District No. 116; and b) Approve Budget Amendment No. 16BA-001 authorizing an advance from the General Fund in the amount of $40,000 to Assessment District No. 116 and appropriating $40,000 to Account No. 74116-9812 for Assessment Engineering Services. E. CONTRACTS AND AGREEMENTS Campus Drive, San Joaquin Hills Road and San Miguel Drive Street Pavement Overlay — Notice of Completion and Acceptance of Contract No. 5582 (CAP14-0009) 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. City Council Meeting July 14, 2015 Page 4 8. Ocean Boulevard and Marguerite Avenue Pavement Reconstruction — Notice of Completion and Acceptance of Contract No. 5581 (CAP15-0045) 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. 9. Rehabilitation of the City's Dolphin and Tamura Shallow Water Wells — Award of Contract No. 5981 (CAP15-0022, Project No. 15W11) a) Approve the project plans and specifications; b) Award Contract No. 5981 to General Pump Company, Inc. for the Total Bid Price of $276,280.00 and authorize the Mayor and City Clerk to execute the contract; and c) Establish a contingency of $55,200.00 (approximately 20% of Total Bid) to cover the cost of unforeseen work not included in the original contract. 10. Request to Maintain and Improve Existing Private Improvements within the Public Right -of -Way at 520 De Anza Drive (N2015-0318) a) Waive City Council Policy L-6, Private Encroachments in Public Rights -of -Way, to allow the Owners to maintain and improve existing improvements within the public right-of-way as described in this report and show on the attached site plan, contingent upon all conditions of the Encroachment Permit process being met; and b) 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. 11. Professional Services Agreement for Bill Printing and Mailing Services and Paperless Billing Approve the Professional Services Agreement for Document Printing and Mailing Services and Online Presentment, and authorize the Mayor and City Clerk to execute the Agreement. F. MISCELLANEOUS 12. Planning Commission Agenda for the July 9, 2015 Meeting Receive and file. 13. Selection of Alternate Piece for Sculpture Exhibition in Civic Center Park The City Arts Commission recommends that City Council: a) Approve the selection of ActlEquator Z360 by Kenneth Capps to replace Loomings; b) Approve the adjusted placement of La Cage Aux Folles away from the driveway and foot path; and c) Approve the adjusted placement of Re -cycled in a site in which glare will not affect the homes or motorists across MacArthur Blvd. 14. Annual Report on Council Discretionary Grant Funds Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR City Council Meeting July 14, 2015 Page 5 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. Award of Non -Exclusive Solid Waste Collection Franchise to Hartfield Construction Corp., a California Corporation a) Conduct a public hearing to consider the award of a Non -Exclusive Solid Waste Franchise to Hartfield Construction Corp.; and b) Conduct second reading and adopt Ordinance No. 2015-17, An Ordinance of the City Council of the City of Newport Beach, California, Granting a Non -Exclusive Solid Waste Franchise to John Hartfield Construction Corp., a California Corporation, to Provide Solid Waste Collection Services upon the City Streets and Within the City of Newport Beach. 16. Award of Non -Exclusive Solid Waste Collection Franchise to James Blomberg, a Sole Proprietor a) Conduct a public hearing to consider the award of a Non -Exclusive Solid Waste Franchise to James Blomberg; and b) Adopt Ordinance No. 2015-18, An Ordinance of the City Council of the City of Newport Beach, California, Granting a Non -Exclusive Solid Waste Franchise to James Blomberg, a Sole Proprietor, to Provide Solid Waste Collection Services Upon the City Streets and Within the City of Newport Beach. 17. Award of Non -Exclusive Solid Waste Collection Franchise to Praisler Hauling & Demolition, a California Corporation a) Conduct a public hearing to consider the award of a Non -Exclusive Solid Waste Franchise to Praisler Hauling & Demolition, Inc.; and b) Conduct second reading and adopt Ordinance No. 2015-19, An Ordinance of the City Council of the City of Newport Beach, California, Granting a Non -Exclusive Solid Waste Franchise to Praisler Hauling & Demolition, Inc., a California Corporation, to Provide Solid Waste Collection Services upon the City Streets and Within the City of Newport Beach. 18. An Ordinance to Provide an Expedited, Permitting Process for Small Residential Rooftop Solar Systems a) Find this action 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), 15061(b)(3) (CEQA only applies to projects which have the potential for causing a significant effect on the environment), and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; b) Conduct a public hearing; and c) Introduce Ordinance No. 2015-23, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 15 of the Newport Beach Municipal Code to Provide An Expedited, Streamlined Permitting Process for Small Residential Rooftop Solar Systems, and pass to second reading on July 28, 2015. 19. Approval of Master Fee Schedule and Change in Subsidies a) Conduct a public hearing; b) Adopt Resolution No. 2015-61, A Resolution of the City Council of the City of Newport Beach, California, Amending the City's Master Fee Schedule; and XX. City Council Meeting July 14, 2015 Page 6 c) Introduce Ordinance No. 2015-24, An Ordinance of the City Council of the City of Newport Beach, California, Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery, and pass to second reading on July 28, 2015. CURRENT BUSINESS 20. Establish a Trial Anchorage Area West of Lido Isle — Harbor Commission Recommendation Adopt Resolution No. 2015-62, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Establishment of a Temporary Trial Anchorage in the Newport Harbor Turning Basin. 21. Appointments to Boards and Commissions a) The Council Ad Hoc Appointments Committee is recommending that the City Council direct the City Clerk to re -post and publish a Vacancy Notice for the Board of Library Trustees due to the withdrawal of William O'Neill's application for consideration; and b) Make appointments to the remainder of the Boards and Commissions from the nominees listed below, with an effective appointment date of June 30, 2015 for the sole purpose of calculating the start date of the four year term: Board of Library Trustees - continued Building and Fire Board of Appeals [2 vacancies — only three applications were recieved] James Anderson (incumbent) George Crall Khosrow (Saum) Nourmohammadi (Nour) City Arts Commission [1 vacancy] Arlene Greer (incumbent) Jacqueline Hahn Civil Service Board [1 vacancy]* 1. Roberta Fesler 2. Douglas Coulter 3. Gloria Alkire * Pursuant to Charter Section 710 a list of three nominees as Members. Additionally, the Civil City Council consideration. Harbor Commission [1 vacancy] William Avery (incumbent) John Drayton this year's Civil Service Board appointment will come from provided by a majority of the Civil Service Board Service Board ranked the nominees (as noted above) for Parks, Beaches & Recreation Commission [2 vacancies] Lee Cassidy Laird Hayes (incumbent) William Hossfeld Alison Ryffel Planning Commission [3 vacancies] Hitta Mosesman Kory Kramer (incumbent) Jay Myers (incumbent) Debra Stevens Erik Weigand Peter Zak City Council Meeting July 14, 2015 Page 7 22. Fiscal Year 2015-2016 Special Event Support Funding Recommendations a) Approve the Special Event Support recommendations for Fiscal Year 2015-2016 as detailed in Staff Report Attachment A; b) Authorize staff to execute grant agreements with each Signature Event organizer; c) Approve the transfer of $35,000 from 0110-8250 to 0340-8250; d) Approve waiving the Special Event Permit Fees and any City site rental fees for the Art in the Park event and the Bunnies & Books Kids Festival; e) Approve changes to the FY 2016-2017 Special Event Program as detailed in this staff report; and f) Approve one-time waiver of the eligibility requirements and a $15,000 Signature Event grant for the Newport Beach Wine and Food Festival. 23. Approval of Agreement with International Line Builders, Inc. for Citywide Streetlight Maintenance and As -Needed Repair Services Approve the Maintenance and Repair Agreement with International Line Builders, Inc. for Citywide Streetlight Maintenance and As -Needed Repair Services for a term of five years with a total amount not to exceed by $1,353,425.00, and authorize the Mayor and City Clerk to execute the agreement. 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.