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HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, MAY 14, 2013 CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE REGULAR MEETING 7:00 P.M. RUSH N. HILL, II Mayor Pro Tern TONY PETROS Council Member EDWARD D. SELICH Council Member KEITH D. CURRY Mayor ")w I-"� I I �q MICHAEL F. HENN Council Member LESLIE DAIGLE Council Member NANCY GARDNER 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 DAVE WEBB - Public Works 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. 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. Staff reports or other written documentation have been prepared or organized with respect to each item of business listed on the agenda. 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.newportbeachca.gov. 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 citvclerkn-newportbeachca. gov). PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE REGULAR MEETING MAY 14, 2013 7:00 P.M. I. STUDY SESSION — 4:00 p.m. II. CLOSED SESSION — After Study Session - Council Chambers Conference Room A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: Dave Kiff, City Manager B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Newport Beach Dockowners Association v. Newport Beach City Council Orange County Superior Court Case No. 30- 2013 - 00630419 III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION IX. PRESENTATIONS Proclamation Designating May 12 to May 18, 2013 as Poppy Week Proclamation Designating May 2013 as Lupus Awareness Month Proclamation Designating May 19 to May 25, 2013 as National Public Works Week X. 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. Testimony given before the City Council is recorded. The time will turn yellow when the speaker has one minute left. The time will turn red when the speaker has 10 seconds left. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the Office of the City Clerk located at 100 Civic Center Drive during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeachca.gov. XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM) XII. PUBLIC COMMENTS ON CONSENT CALENDAR Public comments are invited on CONSENT CALENDAR items (1 - 11). Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. To the extent that 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. The City Council has 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. XIII. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES I -31 1. MINUTES FOR THE APRIL 23, 2013 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. 3. CODE AMENDMENT NO. CA2013 -002 AMENDING TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE IN RESPECT TO THE PERIODIC REVIEW OF DEVELOPMENT AGREEMENTS (PA2013 -082). Introduce Ordinance No. 2013 -10, An Ordinance of the City Council of the City of Newport Beach Amending Chapter 15.45.080 of the Newport Beach Municipal Code Relating to the Periodic Review of Development Agreements (PA2013 -082), a) finding that this Code Amendment is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 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) of the CEQA Guidelines; and b) approving Code Amendment No. 2013 -0002, and pass to second reading on May 28, 2013. 4. CONSIDERATION OF AN ORDINANCE AMENDING VARIOUS PROVISIONS OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC). Introduce Ordinance No. 2013 -11, An Ordinance of the City Council of the City of Newport Beach adding, amending and repealing various provisions of the NBMC, and pass to second reading on May 28, 2013. C. ORDINANCE FOR ADOPTION 5. ADOPTION OF ORDINANCE NO. 2013 -9 APPROVING CODE AMENDMENT NO. CA2013 -001 FOR MIXED -USE ZONING DISTRICTS ON THE BALBOA PENINSULA (PA2013 -020). Conduct second reading and adopt Ordinance No. 2013 -9, An Ordinance of the City Council of the City of Newport Beach Approving Code Amendment No. CA2013- 001 Modifying the Minimum Lot Area /Density Standard for MU -V (Mixed -Use Vertical), MU- CV /15`h Street (Mixed -Use Cannery Village and 15`h Street), and MU -W2 (Mixed -Use Water) Zoning Districts (PA2013 -020). D. CONTRACTS AND AGREEMENTS 6. PLAYGROUND IMPROVEMENTS PROJECT - NOTICE OF COMPLETION FOR CONTRACT NO. 5392. 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 the applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 7. CENTRAL LIBRARY HVAC SYSTEM UPGRADES — AWARD OF CONTRACT NO. 5277. a) Approve the project drawings and specifications; b) award Contract No. 5277 to Western Allied Corporation (Western Allied) for the total bid price of $248,741.00, and authorize the Mayor and City Clerk to execute the contract; and c) establish a contingency of $38,009.00, approximately 15 percent, to cover the cost of unforeseen work. 8. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH KREUZER CONSULTING GROUP FOR OLD NEWPORT BOULEVARD AND WEST COAST HIGHWAY MODIFICATIONS — CONTRACT NO. 5244. Approve a Professional Services Agreement with Kreuzer Consulting Group (KCG) of Seal Beach, California, for design and construction support services at a not -to- exceed fee of $324,734.00, and authorize the Mayor and City Clerk to execute the Agreement. 9. PROFESSIONAL SERVICES AGREEMENT WITH DANIEL B. STEPHENS & ASSOCIATES, INC. (DBS&A) FOR BIG CANYON WATER BALANCE AND ACCEPT A CONTRIBUTION FROM THE COUNTY OF ORANGE FOR FUNDING. a) Accept a $40,000 contribution from the County of Orange to fund additional tasks for an ongoing water balance study in the Big Canyon Watershed, and authorize the Public Works Director or designee to represent the City for all matters pertaining to this contribution; b) approve Budget Amendment No. 13BA -040 recognizing a contribution of $40,000 from the County of Orange to Account No. 255 -4913 and appropriating $40,000 to Account No.7255- C5002004; and c) approve a Professional Services Agreement with DBS &A of Newport Beach, California, at a not to exceed cost of $62,893, and authorize the Mayor and City Clerk to execute the Agreement. E. MISCELLANEOUS 10. PLANNING COMMISSION AGENDA FOR MAY 9, 2013. Receive and file. 11. BUDGET AMENDMENT TO APPROPRIATE REVENUES AND EXPENDITURES FOR OASIS FITNESS CENTER PERSONAL TRAINERS. Approve Budget Amendment No. 13BA -039 to appropriate $61,344 in Revenue Account 4415 -5167 and $42,940 in Expenditure Account 4415 -8380 ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR XV. 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. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVII. PUBLIC HEARINGS 12. ORDINANCE NO. 2013 -12: DISESTABLISHING THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT. a) Conduct a Public Hearing; and b) introduce Ordinance No. 2013- 12, An Ordinance of the City Council of the City of Newport Beach Repealing Ordinance No. 95 -50 and Ordinance No. 97 -37 and Disestablishing the Marine Avenue Business Improvement District, and pass to a second reading on May 28, 2013. 13. ORDINANCE NO. 2013 -13: DISESTABLISHING THE BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT. a) Conduct a Public Hearing; and b) introduce Ordinance No. 2013- 13, An Ordinance of the City Council of the City of Newport Beach Repealing Ordinance No. 95 -4 and Ordinance No. 98 -4 and Disestablishing the Central Balboa Business Improvement District, aka the Balboa Village Business Improvement District, and pass to a second reading on May 28, 2013. 14. 2014 -2021 HOUSING ELEMENT UPDATE (PA2012 -104). a) Conduct a public hearing; b) discuss and provide comment related to the draft of the 2014 -2021 Housing Element Update, including but not limited to directing staff to either: (1) maintain the current Housing Element's Inclusionary Housing Ordinance; or (2) modify or remove the current Housing Element's Inclusionary Housing Ordinance; and c) authorize submission of the draft of the 2014 -2021 Housing Element Update to the Department of Housing and Community Development. 15. 441 OLD NEWPORT MEDICAL OFFICE BUILDING APPEAL — CONDITIONAL USE PERMIT NO. UP2011 -011. a) Conduct a de novo hearing; and b) uphold or reverse the Planning Commission's decision by either: 1) adopting Resolution No. 2013 -40, A Resolution of the City Council of the City of Newport Beach Upholding the Planning Commission's Action and Denying Conditional Use Permit No. 2011 -011 to Utilize an Off -Site Parking Lot at 445 Old Newport Boulevard for an Existing Commercial Office Building Located at 441 Old Newport Boulevard (PA2011 -056) OR 2) adopting Resolution No. 2013 -40, A Resolution of the City Council of the City of Newport Beach Reversing the Planning Commission's Action and Approving Conditional Use Permit No. 2011 -011 to Utilize an Off -Site Parking Lot at 445 Old Newport Boulevard for an Existing Commercial Office Building Located at 441 Old Newport Boulevard (PA2011 -056). XVIII. CURRENT BUSINESS 16. APPOINTMENTS TO THE BICYCLE MASTER PLAN OVERSIGHT COMMITTEE. a) Waive the portion of Council Policy A -2 (Board and Commission Appointments) which requires two or more applications for each vacant seat; b) consider the applications received in the City Clerk's Office by the April 26, 2013 deadline; and c) make appointments to the Committee via paper ballot pursuant to City Council Policy A -2 (Board and Commission Appointments). 17. RESOLUTION NO. 2013 -41: REJECTION OF PART OF THE IRREVOCABLE OFFER OF DEDICATION FOR NEWPORT RIDGE PARK AND CRESTRIDGE PARK. a) Reject the offer for land at Newport Ridge Park labeled Parcel B and C, and all land at Crestridge Park; and b) adopt Resolution No. 2013 -41, A Resolution of the City Council of the City of Newport Beach Rejecting an Irrevocable Offer of Dedication for the Newport Ridge Park and Crestridge Park Properties, and authorize the City Manager to execute and file with the Office of the County Recorder a Certificate of Rejection. 18. APPROVAL OF AN AGREEMENT FOR THE PURCHASE OF THREE FIRE ENGINES. Approve the agreement with Pierce Manufacturing, Incorporated, of Appleton, Wisconsin, for the purchase of three 2013 Pierce Fire Engines for a total cost of $1,742,368.32. 4 Qu 19. COUNCIL POLICY MANUAL UPDATE FOR 2013. a) Discuss, consider, revise, and approve the proposed revisions, the additions to the Council Policy Manual, and any other Council Policy that Council would like to revise; b) adopt Resolution No. 2013 -42, A Resolution of the City Council of the City of Newport Beach Adopting Revised City Council Policies; and c) adopt Resolution No. 2013 -43, A Resolution of the City Council of the City of Newport Beach Relating to a Fiscal Sustainability Plan for Newport Beach City Government, revising Element 5 of the City Sustainability Plan to Maintain Consistency with the changes to Council Policy F -28. 20. RESOLUTION NO. 2011 -55: TOTAL COMPENSATION PHILOSOPHY. Council Member Daigle asked that the Council discuss the Total Compensation Philosophy which was adopted by the City Council on June 14, 2011. 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. XX. ADJOURNMENT 5