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Home My WebLink About0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, DECEMBER 10, 2013 CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE REGULAR MEETING — 5:30 P.M. KEITH D. CURRY Mayor RUSH N. HILL, II MICHAEL F. HENN Mayor Pro Tern a A 0 Council Member TONY PETROS ♦ V, ` LESLIE DAIGLE Council Member . Council Member EDWARD D. SELICH A � NANCY GARDNER Council Member 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, Z' 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 cityclerkn newportbeachca.gov). PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE DECEMBER 10, 2013 REGULAR MEETING - 5:30 P.M. STUDY SESSION — Cancelled II. CONVENE AT 5:30 P.M. FOR REGULAR MEETING III. ROLL CALL IV. PLEDGE OF ALLEGIANCE V. INVOCATION VI. PRESENTATIONS - None VII. 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. VIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) IX. PUBLIC COMMENTS ON CONSENT CALENDAR Public comments are invited on CONSENT CALENDAR (Items 1— 15). 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. 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. 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"" Floor, during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeachca.gov. X. CONSENT CALENDAR A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS MINUTES FOR THE NOVEMBER 26, 2013 STUDY SESSION AND REGULAR MEETING. Waive reading of subject minutes, approve as written, and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. B. ORDINANCES FOR ADOPTION 3. ADOPTION OF ORDINANCE NO. 2013 -27 AMENDING CHAPTER 17.60 AND SUBSECTION 17.35.020(B)(2) OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING RESIDENTIAL AND COMMERCIAL PIERS LOCATED UPON TIDELANDS. Conduct second reading and adopt Ordinance No. 2013 -27, An Ordinance of the City Council of the City of Newport Beach Amending Chapter 17.60 and Subsection 17.35.020(B)(2) of the Newport Beach Municipal Code Regarding Residential and Commercial Piers Located Upon Tidelands, 4. ADOPTION OF ORDINANCE NO. 2013 -28 APPROVING CODE AMENDMENT NO. CA2013 -008 TO REPEAL THE INCLUSIONARY HOUSING PROVISIONS IN THE MUNICIPAL CODE (PA2013 -221). Conduct second reading and adopt Ordinance No. 2013 -28, An Ordinance of the City Council of the City of Newport Beach Repealing Chapter 19.54 (Inclusionary Housing) of Title 19 of the Newport Beach Municipal Code, approving Code Amendment No. CA2013 -008. C. RESOLUTIONS FOR ADOPTION 5. RESOLUTION NO. 2013 -89 — A RESOLUTION OF INTENTION TO RENEW THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT. a) Approve Resolution No. 2013 -89, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Renew the Newport Beach Tourism Business Improvement District and Fixing the Time and Place of a Public Meeting and a Public Hearing Thereon and Giving Notice Thereof; and b) direct the City Clerk to provide notice of the public meeting and public hearing as required by the California Streets and Highways Code. D. CONTRACTS AND AGREEMENTS 6. SUNSET RIDGE PARK - AWARD OF CONTRACT NO. 3449. a) Approve the final park design and the project plans and specifications; b) award Contract No. 3449 to Environmental Construction, Inc., for the total bid amount of $5,214,820.00, and authorize the Mayor and the City Clerk to execute the contract; c) establish a contingency of $520,000.00 (approximately 10 %) to cover the cost of unforeseen work; and d) terminate the Access Agreement between the City of Newport Beach and Newport Beach Banning Ranch, LLC regarding Sunset Ridge Park approved by City Council on March 23, 2010. MARINA PARK PROJECT — MARINA BASIN CONSTRUCTION INCLUDING DREDGING, BULKHEADS, GRADING AND SOIL REMEDIATION (BID PACKAGE 2) — AWARD OF CONTRACT NO. 3897(8) (CAP09- 0070). a) Approve the project drawings and specifications, b) award Contract No. 3897(8) (Marina Park Project — "Marina Basin Construction Including Dredging, Bulkheads, Grading and Soil Remediation ") to Dutra Construction Company, Inc. ( Dutra) of San Rafael, California, for the total bid price of $4,576,079.00 and authorize the Mayor and City Clerk to execute the contract; and c) establish a contingency of $457,607.00 (10 %) to cover the cost of unforeseen work. 8. GEOTECHNICAL AND WATER QUALITY MANAGEMENT PLAN REVIEW — APPROVAL OF AMENDMENT NO. 1 OF THE PROFESSIONAL SERVICES AGREEMENT WITH BAGAHI ENGINEERING. Approve Amendment No. 1 of the Professional Services Agreement with Bagahi Engineering for contract professional services to increase the total contract amount to a maximum of $733,700 over the three -year term of the agreement. 9. EXTEND PLANNING STAFF SERVICES CONTRACT WITH MIG, INC. a) Extend the term of the contract with MIG, Inc. to June 30, 2015, for a not -to- exceed amount of $400,000 for the entire two -year term of the contract, and authorize the Mayor and City Clerk to execute the amendment to the Agreement; and b) approve a Budget Amendment No. 14BA -027 to increase expenditure appropriations in the Planning Division's Professional & Technical Account, 2710 -8080, by $90,000 for FY 2013 -2014 from the General Fund unappropriated fund balance. 10. TEN -YEAR LEASE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE GALLEY CAFE LOCATED AT 829 HARBOR ISLAND DRIVE. a) Approve The Galley Cafe to continue as the food services operator in the restaurant premises at the Balboa Yacht Basin; b) approve a waiver of City Council Policy F -7 based on the findings contained in the staff report; and c) authorize the City Manager to execute a new Lease Agreement in substantially the same form in the staff report with The Galley Cafe. ifillit�J4L,Ia L'd=1 �Y &'iC6 »:T81a=1 *1[ a] 2F _\0-9=1:ITI[y ='1SH:7=1 =1 i,J=1 L,k16'n 9YC<H4=1IILl I LUKOS ASSOCIATES, INC. AND EPT DESIGN, INC. FOR SUNSET RIDGE PARK — CONTRACT NO. 3449 (CAP09. 0076). a) Approve Amendment No. 1 to Professional Services Agreement with Glenn Lukos Associates, Inc. to provide additional biological services related to the Sunset Ridge Park project at a not -to- exceed cost of $232,790 and authorize the Mayor and City Clerk to execute Amendment No. 1; and b) approve amendment No. 8 to Professional Services Agreement with EPT Design, Inc. for additional landscape design services as required by the CDP special conditions for the Sunset Ridge Park project at a not -to- exceed cost of $49,830 and authorize the Mayor and City Clerk to execute Amendment No. 8. E, MISCELLANEOUS 12. QUARTERLY BUSINESS REPORT (QBR) — APRIL THROUGH SEPTEMBER 2013 Review and file. 13. PUBLIC MEETING ON THE PROPOSED MODIFICATION OF THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT'S (NBTBID) MANAGEMENT DISTRICT PLAN. Hold a public meeting on the proposed modification of the NBTBID's Management District Plan. 14. CULTURAL ARTS GRANTS - 2013/2014. Approve recommended recipients for FY 2013/14 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Council Policy 1 -10 — Financial Support for Culture and the Arts. 15. EXTEND TERM OF THE LAND USE ELEMENT AMENDMENT ADVISORY COMMITTEE. Extend the term of the Land Use Element Amendment Advisory Committee to December 31. 2014. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XI. ITEMS REMOVED FROM THE CONSENT CALENDAR XII. PUBLIC COMMENTS 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. XIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIV. PUBLIC HEARINGS 16. MIRAMAR DRIVE CODE AMENDMENT (PA2013 -211) — 2022, 2026, 2032, 2034, 2038, AND 2042 MIRAMAR DRIVE. a) Conduct a public hearing; and b) introduce Ordinance No. 2013 -29, An Ordinance of the City Council of the City of Newport Beach Adopting Zoning Code Amendment No. CA2013 -006 to Change the Rear Alley Setback From 6 Feet to 0 Feet for Six Properties on Miramar Drive (PA2013 -211), 1) finding that the amendment is categorically exempt under Section 15305 of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations) and 2) approving Code Amendment No. CA2013 -006, and pass to second reading on January 14, 2014. XV. MOTION FOR RECONSIDERATION rATAI 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. :1 x91t:0]1! to] 0diI_\[e]0 The City Clerk presides over the election of the Mayor. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: a) Conduct oral nominations for Mayor and conduct election by roll call vote; b) new Mayor is announced by the City Clerk; and c) Mayor takes proper place at Council dais. B. ELECTION OF MAYOR PRO TEM. The Mayor presides over the election of the Mayor Pro Tem. The Mayor, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: a) Conduct oral nominations for Mayor Pro Tem and conduct election by roll call vote; b) new Mayor Pro Tem is announced by the City Clerk; and c) Mayor Pro Tem takes proper place at Council dais. C. SEATING ARRANGEMENTS FOR CITY COUNCIL. Action: Council decides on seating arrangement of Council dais (senior Council Members having first preference). D. REMARKS. Action: a) Presentation of gavel plaque to outgoing Mayor; b) outgoing Mayor's remarks; and c) new Mayor's remarks. XVII. ADJOURNMENT — In memory of Joe Bell, Earl Fusselman and Robert Wynn