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HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JUNE 11, 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 ,i w 1- 1 I AA 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 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. 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 /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. qov). PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE REGULAR MEETING JUNE 11, 2013 7:00 P.M. I. STUDY SESSION — 5:00 p.m. II. CLOSED SESSION — After Study Session - Council Chambers Conference Room A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): Property: 3300 Pacific View Drive, Corona del Mar, California Agency Negotiator: Dave Kiff Negotiating Parties: Harbor Day School Under Negotiation: Instruction to Agency Negotiator will concern price and terms of payment of a lease. B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): Arnie Pike, et al v City of Newport Beach U.S. District Court Case No. CV -08 -8580 DSF (RNBx) U.S. Court of Appeals for the 9" Circuit Case No. 12 -56074 C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Heading Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Human Resources Director; 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); Lifeguard Management Association (NBLMA); Newport Beach Part Time Unit (UPEC, Local 777); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); and Newport Beach Professional and Technical Association (NBPTEA) 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 - Pastor Bradley Stienstra, Newport Harbor Lutheran Church IX. PRESENTATION Presentation from Jenny Conde regarding the Vest -A -Dog OC Chapter 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, Bay E, 2 "6 Floor, during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeachca.gov. 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. XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) XII. PUBLIC COMMENTS ON CONSENT CALENDAR Public comments are invited on CONSENT CALENDAR (Items 1 - 14). 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 MINUTES FOR THE MAY 28, 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. B. ORDINANCE FOR ADOPTION 3. ADOPTION OF ORDINANCE NO. 2013 -10 AMENDING TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE IN RESPECT TO THE PERIODIC REVIEW OF DEVELOPMENT AGREEMENTS (PA2013 -082). Conduct second reading and adopt 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). C. RESOLUTIONS FOR ADOPTION 4. RESOLUTION OF INTENTION TO RENEW THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS IN FY 2013 -2014. a) Approve the Corona del Mar Business Improvement District FY 2012 -2013 Annual Report; and b) adopt Resolution No. 2013 -46, 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, 2013 to June 30, 2014, and Fix the Time and Place of a Public Hearing for June 25, 2013. 5. RESOLUTION OF INTENTION TO RENEW THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS IN FY 2013 -2014. Adopt Resolution No. 2013 -47, 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, 2013 to June 30, 2014, and Fix the Time and Place of a Public Hearing for June 25, 2013, where written and oral protests may be made. 6. SUPPORT FOR INCREASED FUNDING FOR LOCAL COASTAL PLANNING. Adopt Resolution No. 2013 -48, A Resolution of the City Council of the City of Newport Beach Supporting Additional State Funding for the Local Coastal Program Planning Process Established by the California Coastal Act. ANNUAL MEASURE M FUND ELIGIBILITY REQUIREMENTS. a) Adopt the Measure M Seven -Year Capital Improvement Program (CIP); b) adopt Resolution No. 2013 -49, A Resolution of the City Council of the City of Newport Beach Concerning the Status of the Circulation Element and the Mitigation Fee Program, affirming that the City's Circulation Element is in conformance with the Regional Master Plan of Arterial Highways (MPAH), and reaffirming that Council concurs with the existing Mitigation Fee Program; and c) direct staff to submit all necessary material to OCTA to satisfy the Measure M annual eligibility requirements. 8. SUMMARY VACATION OF EXISTING SEWER EASEMENT AT 901 KINGS ROAD. a) Adopt Resolution No. 2013 -50, A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 10 -Foot Wide Sewer Easement at 901 Kings Road (Lot 25, Block E of Tract 1219) and Directing the City Clerk to Record Same with the County Recorder's Office; b) direct staff to process the Summary Vacation, and c) direct the City Clerk to have Resolution No. 2013 -50 and Summary Vacation documents recorded by the Orange County Recorder. D. CONTRACTS AND AGREEMENTS 9. 2012 -2013 SIDEWALK, CURB AND GUTTER REPLACEMENT PROJECT - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5204. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; 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. 10. 2012 -2013 STREETLIGHT IMPROVEMENT PROJECT - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5193. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; 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. 11. ORANGE COUNTY SANITATION DISTRICT (OCSD) DOVER DRIVE TRUNK SEWER RELIEF PROJECT; REIMBURSEMENT AGREEMENT FOR STREET RESTORATION. Approve the Reimbursement Agreement with OCSD in the amount of $633,000.00 for street restoration efforts required as a part of the Dover Drive Trunk Sewer Relief Project, and authorize the Mayor and City Clerk to execute the agreement. 12. APPROVAL OF AN AGREEMENT FOR THE PURCHASE OF TRACTOR -DRAWN QUINT. Approve an Agreement with Pierce Manufacturing, Incorporated of Appleton, Wisconsin, for the purchase of one 2013 Pierce Tractor -Drawn Quint Fire Apparatus for a total cost of $1,148,221.44, including sales tax. 3 E. MISCELLANEOUS 13. PLANNING COMMISSION AGENDA FOR JUNE 6, 2013. Receive and file. 14. BOARD AND COMMISSION SCHEDULED VACANCIES - CONFIRMATION OF NOMINEES. a) Waive the portions of Council Policy A -2 (Board, Commission, and Committee Appointments) for the Building and Fire Board of Appeals Nominations relative to requiring two or more applications for each vacant seat and not allowing a person to serve for more than two consecutive four -year terms; and b) confirm the nominations made by the Ad Hoc Appointments Committee. 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 15. MOBILITIE TELECOMMUNICATIONS PERMIT FOR OBELISK LOCATED AT 20661 NEWPORT COAST DRIVE (PA2013 -003). a) Conduct Telecom application review; b) adopt Resolution No. 2013 -51, A Resolution of the City Council of the City of Newport Beach Approving Telecommunications Permit No. TP2013 -001 for a Telecommunications Facility Located at 20661 Newport Coast Drive (PA2013 -003), finding the project categorically exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15303 (Class 3 — New Construction or Conversion of Small Structures) of the CEQA Guidelines and approving Telecom Permit No. TP2013 -001. 16. ADOPTION OF FISCAL YEAR 2013 -14 APPROPRIATIONS LIMIT. a) Conduct a public hearing; and b) adopt Resolution No. 2013 -52, A Resolution of the City Council of the City of Newport Beach Determining and Establishing an Appropriations (Gann) Limit for Fiscal Year 2013 -14 in accordance with Article XIIIB of the California Constitution and Government Code Section 7910, in the amount of $159,433,819. 17. RESOLUTION NO. 2013 -53: FISCAL YEAR 2013 -14 BUDGET ADOPTION. a) Hold the public hearing on the City Manager's proposed Budget for Fiscal Year 2013 -14 (after reviewing the staff report and taking public input, discuss and accept Council Member recommendations for additions, deletions, or modifications to the budget checklist); b) conduct a straw vote on the budget checklist, including those added to the City Manager's Proposed Fiscal Year 2013 -14 Budget by Council Members during the public hearing (based on the straw vote, items approved will be included in the City's Fiscal Year 2013 -14 Approved Budget); and c) approve Resolution No. 2013 -53, A Resolution of the City Council of the City of Newport Beach Adopting the Budget for the 2013 -14 Fiscal Year, as amended by Recommendations a and b. 4 XVIII. CURRENT BUSINESS 18. CIVIC CENTER AND PARK PROJECT CLOSE OUT ACCOUNTING. a) Approve the increase of project contingency from $1,623,000 to $6,500,000, and authorize the City Manager and Project Manager to negotiate additional project changes in the amount not to exceed $4,877,000; b) authorize the Mayor to execute an amendment to the Professional Services Agreement with Bohlin Cywinski Jackson, increasing the original contract by $579,670 to a revised cost not to exceed $4,994,357; and c) approve Budget Amendment No. 13BA -046 appropriating $6,856,670 from the unappropriated Civic Center fund balance to Civic Center construction and design accounts as follows: $6,277,000 to account number 7410- C1002030 and $579,670 to account number 7410- C1002009. 19. SECOND AMENDMENT AND RESTATED EMPLOYMENT AGREEMENT FOR CITY MANAGER. Approve and authorize the Mayor and City Clerk to execute the Second Amended and Restated Employment Agreement for the City Manager. XIX. MOTIONS 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. XX. ADJOURNMENT 5