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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING May 13, 2014 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 4:00 P.M. /CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM RUSH N. HILL, II Mayor EDWARD D. SELICH Mayor Pro Tern TONY PETROS Council Member NANCY GARDNER Council Member MICHAEL F. HENN Council Member LESLIE J. DAIGLE Council Member KEITH D. CURRY Council Member DAVE KIFF - City Manager AARON HARP - City Attorney LEILANI BROWN - City Clerk STEPHEN BADUM - Assistant City Manager 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 City 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 City 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. Study Sessions are usually held on the second and fourth Tuesdays of each month at 4:00 pm. (subject to change) except in the months of August and Decemberwhen there is one regular meeting. 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:/hvww.newportbeachca.gov/CouncliAgendas. 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 cityclerk @newportbeachca.gov ). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE, NEWPORT BEACH May 13, 2014 STUDY SESSION - 4:00 P.M. /CLOSED SESSION -AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM I. ROLL CALL 4:00 p.m. II. CURRENT BUSINESS - Study Session SS1. Clarification of Items on the Consent Calendar (4:00 p.m.) SS2. Review of the FY 14 -15 Proposed Budget, Including CIP Update (4:05 p.m.) Staff will present a summary of the City's proposed budget for the coming fiscal year, which begins July 1, 2014 and goes through June 30, 2015. The proposed budget is balanced with no use of reserves for operating expenses, while continuing to address important community priorities such as public safety, proper maintenance of streets, buildings, and other infrastructure, and encouraging an active lifestyle. Proposed full -time positions drop from 733 in the current year to 729 in FY 14 -15. Pension costs paid by employees go up to $7.4 million in this budget, up from zero a decade ago. 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 Study Session, Closed Session and Regular Meeting 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. As a courtesy, please turn cell phones off or set them in the silent mode. IV. CLOSED SESSION After Closed Session - Council 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). B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) Property: Parking Lot at 608 East Balboa Blvd., and 209 Washington Street, Newport Beach, CA 92661 Agency negotiator: Dave Kiff Negotiating parties: ExplorOcean, LLC Under negotiation: Instruction to negotiator regarding price and terms of payment for lease. C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2)): 1 matter 2 V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Vlll. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE X. INVOCATION Mr. Frank Carpenter XI. PRESENTATION(S) Proclamation Designating the Month of May as "Poppy Month" Proclamation Designating the Week of May 15 as "National Public Works Week" 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. 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. XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Public comments are invited on CONSENT CALENDAR. 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. 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. XV. CONSENT CALENDAR (ITEMS 1 - 18) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the April 22, 2014 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 City Clerk to read by title only. B. RESOLUTION(S) FOR ADOPTION 3. Adoption of Records Retention Schedule, Authorization for Destruction of Certain City Records, and Amendment to City Council Policy A -11 Adopt Resolution No. 2014 -35, A Resolution of the City Council of the City of Newport Beach Adopting a Records Retention Schedule, Authorizing Destruction of Certain City Records, Amending City Council Policy A -11, and Rescinding Resolution No. 2011 -18. 4. Resolution of Intention to Renew the Corona del Mar Business Improvement District and Levy Assessments in FY 2014 -2015 a) Approve the Corona del Mar Business Improvement District FY 2013 - 2014 Annual Report; and 3 b) Adopt Resolution 2014 -36, 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, 2014 to June 30, 2015, and Fix the Time and Place of a Public Hearing for May 27, 2014. 5. Resolution of Intention to Renew the Newport Beach Restaurant Association Business Improvement District and Levy Assessments in FY 2014 - 2015 a) Approve the Newport Beach Restaurant Association Business Improvement District FY 2013 — 2014 Annual Report; and b) Adopt Resolution 2014 -37, 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, 2014 to June 30, 2015, and Fix the Time and Place of a Public Hearing for May 27, 2014. 6. Resolution Supporting Submission of Grant Applications under the Orange County Transportation Authority (OCTA) Measure M2 Tier 1 Environmental Cleanup Grant Program (CAP15 -0039) Adopt Resolution No. 2014 -38, A Resolution of the City Council of the City of Newport Beach Authorizing and Supporting the Submission of a Grant Proposal for Funding Under the Orange County Transportation Authority (OCTA) (Measure M2) Environmental Cleanup Tier 1 Grant Program. 7. Corona del Mar State Beach Parking Lot Rate Change (to comply with a recently- issued Coastal Development Permit No. 5 -13 -0507 for pay stations) Adopt Resolution No. 2014 -39, A Resolution of the City Council of the City of Newport Beach Amending Resolution 2013 -33 to Modify the Parking Rates for the Corona del Mar State Beach Parking Lot, as follows: All parking rates are for per vehicle space occupied. Non - Holiday Rates: Peak (May — September) 6:00 a.m. — 9:00 a.m.: $2.50 /hr 9:00 a.m. — 6:00 p.m.: $4.00 /hr 6:00 p.m. — 10:00 p.m.: $2.50 /hr Off -Peak (October — April) Weekdays: 6:00 a.m. — 10 p.m.: $1.50 /hr Weekends (Saturday and Sunday): 6:00 a.m. — 9:00 a.m.: $2.50 /hr 9:00 a.m. — 6:00 p.m.: $4.00 /hr 6:00 p.m. — 10:00 p.m.: $2.50 /hr $15 /day maximum Holiday Rates (Memorial Day, Independence Day and Labor Day) 6:00 a.m. — 10:00 p.m.: $4.00 /hr $20 /day maximum Such rates shall apply only on the actual holiday dates, and do not apply to the holiday week or the holiday weekend. Except for a reduction or elimination of the fee, no changes shall be made in the parking fees within three (3) years of the date of operation of the pay stations at the Corona del Mar State Beach Parking Lot. C. CONTRACTS AND AGREEMENTS 8. Police Facility HVAC Replacement Project -Award of Contract No. 5542 (CAP14 -0003) a) Approve the project plans and specifications; n b) Award Contract No. 5542 to K +J Air Conditioning, Inc. for the Total Base and Additive Bid Price of $268,012.00 and authorize the Mayor and the City Clerk to execute the contract; and c) Establish an amount of $26,800.00 (approximately 10% of Total Bid) to cover the cost of unforeseen work. 9. Police Department Contract Psychologist - Professional Services Agreement, Contract No. 5813 Approve a Professional Services Agreement with Christine Choe, Psy.D. in Newport Beach, CA, for Police Department Contract Psychologist services in the amount of $135,000.00 and authorize the Mayor and City Clerk to execute the agreement. 10. Traffic Signal Modernization Project Phase 6 (San Joaquin Hills Road and Newport Coast Drive) - Approval of Equipment Purchase Contract with Econolite Control Products, Inc. (CAP14 -009) Approve the Purchase Contract with Econolite Control Products, Inc. of Anaheim, California for purchase and installation of advanced traffic signal control equipment for Phase 6 of the Traffic Signal Modernization Project, at a not to exceed price of $147,083.64, and authorize the Mayor and City Clerk to execute the Agreement. 11. Marina Park Project — Building and Site Development (Bid Package 3) — Award of Contract No. 3897 -C (CAP09 -0070) a) Approve the project drawings and specifications; b) Award Contract No. 3897 -C (Marina Park Project — "Building and Site Development ") to KPRS Construction Services, Inc. of Brea, California, for the total bid price of $18,748,000, and authorize the Mayor and the City Clerk to execute the contract; c) Establish a contingency of $1,874,800 (ten percent) to cover the cost of unforeseen work; and d) Approve Budget Amendment No. 14BA -045 transferring $15,581,000 from the unappropriated Major Facilities Financing Plan Fund to the Marina Park Fund, and appropriating that amount to the Marina Park Project, account 7411- C4002002. D. MISCELLANEOUS 12. Planning Commission Agendas for the May 8, 2014 Study Session and Regular Meeting Receive and file. 13. Disestablishment of the July 4th West Newport Safety Planning Committee Disestablish the July 4th West Newport Safety Planning Committee. 14. Budget Amendment to Appropriate Revenues and Expenditures for Adult Basketball League Approve Budget Amendment No. 14BA -042 (Staff Report Attachment A) to increase revenue appropriations for account 4320 -5162 by $20,541 and expenditure appropriations for account 4320- 8380 by $18,255. 15. Russo and Steele Collector Automobile Auction Banners - Approval of Encroachment Permit N2014 -0182 a) Waive the provisions of Council Policy L -16 pertaining to the following: the requirement that the event is open to the public and free of charge, that the event is conducted by a non - profit corporation or organization, and that the event is co- sponsored by the City; b) Conditionally approve Russo and Steele's request to install a maximum of 100 banners from Friday, May 23, 2014 through Monday, June 23, 2014 for the 2nd annual Russo and Steele Collector Automobile Auction. Installation will be along East Coast Highway from Bayside Drive to MacArthur Boulevard; along Newport Boulevard from Via Lido to Hospital Road; along Jamboree Road from East Coast Highway to Eastbluff Drive - University Drive, and along MacArthur Boulevard from East Coast Highway to San Joaquin Hills Road; and c) Authorize a waiver of the Encroachment Permit fee of $1,428.00. 16. Request to Construct Existing Private Improvements within the Public Right of Way at 2704 Cliff Drive 5 a) Waive City Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow stairs with handrail and a 36 -inch tall retaining wall encroaching up to 8 -feet into the Cliff Drive right - of -way; and b) Direct Staff to enter into an Encroachment Agreement with Owners and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. 17. Accept the Fireman's Fund Heritage Grant a) City Council accept the Fireman's Fund Heritage Reward Grant in the amount of $5,000 to purchase a forcible entry prop for training; b) Approve a sole source contract with Forcible Entry Equipment with an amount not to exceed $6,474 for the training prop and commercial cutting door; and c) City Council approve Budget Amendment No. 14BA -043 increasing revenue estimates by $5,000 in 2320 -4914 and appropriating those funds into Fire Department account 2320 -8200. 18. Appointment to the Aviation Committee Confirm Council Member Keith Curry's appointment of Karen Rhyne as the District 7 Alternate Representative on the Aviation Committee, effective July 1, 2014. 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) 19. General Plan Land Use Element Amendment - Notice of Intent to Override the Orange County Airport Land Use Commission's Determination of Inconsistency (PA2013 -098) a) Conduct a public hearing; and b) Adopt Resolution No. 2014 -40 (Staff Report Attachment No. CC -1), A Resolution of the City Council of the City of Newport Beach Notifying the Orange County Airport Land Use Commission and the State Division of Aeronautics of the City's Intention to Find that the General Plan Land Use Element Amendment is Consistent with the Purposes of the State Aeronautics Act and to Override the Orange County Airport Land Use Commission's Determination that the Land Use Element Amendment is Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan, and finding the adopting of this Resolution is not subject to the California Environmental Quality Act. XX. CURRENT BUSINESS 20. Traffic Signal Modernization Project - Phase 6 (San Joaquin Hills Road and Newport Coast Drive) - Award of Construction Contract No. 5442 (CAP 14 -009) a) Approve the project drawings and specifications; b) Award Contract No. 5442 to Elecnor Belco Electric, Inc. for the total bid price of $734,072.00, and authorize the Mayor and the City Clerk to execute the contract; c) Establish an amount of $73,000 (10 %) to cover the cost of unforeseen work; and d) Approve Budget Amendment No. 14BA -044 transferring $150,000 from 7181- C3001007 to 7181 - C3002018. 21. Sculpture in the Civic Center Park Exhibition Approve the 10 sculptures and the proposed locations within the Civic Center Park as recommended by 2 the City Arts Commission for the temporary sculpture exhibit. 22. Contract Approval for Public Safety Helicopter Services between the Cities of Newport Beach and Huntington Beach Approve the services agreement for public safety helicopter support between the City of Huntington Beach and the City of Newport Beach ( "Agreement'), and authorize the Mayor to execute the Agreement on behalf of the City. 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. 7