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HomeMy WebLinkAbout0 - AgendaWIPO Frp%; CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING June 10, 2014 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION -4:30 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 December when 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: hftp://www.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 June 10, 2014 STUDY SESSION -4:30 P.M. /CLOSED SESSION -AFTER STUDY SESSION/ REGULAR MEETING -7:00 PM I. ROLL CALL 4:30 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar (4:30 p.m.) SS2. Lido Marina Village - Proposed Marina Plans (4:35 p.m.) The City Council will hear about the proposed redesign of the existing commercial marina at Lido Marina Village on the interior tip of the Balboa Peninsula. SS3. Multiple Vessel Mooring Systems (MVMS) (5:00 p.m.) At the initial request of Mayor Hill, a committee from the Harbor Commission has been discussing the placement of a different type of mooring system in the Harbor, one that would allow more than one vessel to be stored on the mooring structure. The group will update the Council and community on their ideas about the mooring systems. SS4. Overview and Discussion on Current and Future Orange County Sanitation District (OCSD) Regional Projects Within the City (5:30 p.m.) The Orange County Sanitation District has more construction projects planned for key roads (like PCH) in Newport Beach. OCSD will present information about how these projects will impact traffic and other issues in the coming months. 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 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 Study Session — Council Chambers 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). 2 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter City of Newport Beach v. Banshee Construction, et. al. Orange County Superior Court Case No. 2011 - 00528392 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 XI. PRESENTATION(S) Mayor's Youth Council Year End Report 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 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. XV. CONSENT CALENDAR (ITEMS 1 -13) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the May 27, 2014 Study Session and Regular Meeting Waive reading of subject minutes, approve as written, and order filed. 2. Readina 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 Fiscal Year 2014 -15 Appropriations Limit Adopt Resolution No. 2014 -47, A Resolution of the City Council of the City of Newport Beach Determining and Establishing an Appropriations (Gann) Limit for Fiscal Year 2014 -15 in Accordance 3 with Article XIIIB of the California Constitution and Government Code Section 7910, in the amount of $159,687,483. 4. Declaration of Surplus Fund Balance in Assessment District 103 Adopt Resolution No. 2014 -48, A Resolution of the City Council of the City of Newport Beach Directing Disposition of Balance in the Improvement Fund of Assessment District No. 103, authorizing the City to declare the remaining improvement fund balance as surplus and provide staff direction as to the distribution of improvement fund balances in Assessment District 103 (Peninsula Point). 5. Changes to Council Policies: F -2 (Reserve Policy) and B -2 (Recreation Fees and Related Equipment Replacement Reserves) Adopt Resolution No. 2014 -49, A Resolution of the City Council of the City of Newport Beach Amending Council Policy F -2 (Reserve Policy) and Council Policy B -2 (Recreation Fees and Related Equipment Replacement Reserves), as attached to the staff report. 6. Resolution Authorizing the Temporary Closure of Selected Streets and Parking Lots for the July 4th Holiday Period Adopt Resolution No. 2014 -50, A Resolution of the City Council of the City of Newport Beach Authorizing the Temporary Closure of Seashore Drive, Newport Boulevard, Back Bay Drive and Balboa Boulevard, Selected Parking Lots, and Selected Feeder Streets. C. CONTRACTS AND AGREEMENTS 7. Storm Drain Trash and Debris Interceptor Project - Award of Contract No. 5551 (CAP14 -0039) a) Approve the project plans and specifications; b) Award Contract No. 5551 to GRFCO, Inc. for the Total Bid Price of $1,277,350.00, and authorize the Mayor and the City Clerk to execute the contract; c) Establish an amount of $128,650.00 (approximately 10% of Total Bid) to cover the cost of unforeseen work; d) Approve Green Building Corporation's request to withdraw its bid; and e) Amend the Measure M2 seven year CIP for fiscal years 2013 -14 through 2019 -20 to include the Domingo Drive Litter Removal Project. 8. Big Canyon Reservoir Auxiliary Maintenance Yard Project — Award of Contract No. 5222 (CAP13 -0005) a) Approve the project drawings and specifications; b) Award Contract No. 5222 to Optima RPM, Inc. for the total bid price of $1,159,000.00, and authorize the Mayor and City Clerk to execute the contract; and c) Establish a contingency of $116,000.00 (approximately 10 percent) to cover the cost of unforeseen work. 9. Acquisition of 2014 Rule 20A Credits from the City of Mission Viejo a) Authorize the City Manager to execute the Memorandum of Understanding (MOU) between the City of Newport Beach and City of Mission Viejo documenting details of a transaction for the Rule 20A credit acquisition and to provide the City of Newport Beach first right of refusal to purchase additional Rule 20A credits from the City of Mission Viejo, as it becomes available, at a purchase rate of $0.55 on the dollar; and b) Authorize staff to process the Rule 20A credit transfer between the City of Newport Beach and City of Mission Viejo with SCE. 10. Professional Services Agreement with RRM Design for Balboa Village Design Guidelines, Street Improvement Plans and Wayfinding Sign Program Approve a Professional Services Agreement with RRM Design to update the Balboa Village Design Guidelines, create a conceptual streetscape improvement plan, and develop a wayfinding sign program for a not -to- exceed fee of $149,751.00, and authorize the Mayor and City Clerk to execute the Agreement. n 11. Planning Commission Agenda for the June 5, 2013 Meeting Receive and file. 12. Annual Measure M Fund Eligibility Requirements a) Adopt the Measure M Seven -Year CIP; and b) Direct staff to submit all necessary material to OCTA to satisfy the Measure M annual eligibility requirements. 13. Board and Commission Scheduled Vacancies - Confirmation of Nominees Confirm the nominations made by the Ad Hoc Appointments Committee: Board of Library Trustees [1 vacancy /minimum 2 nominees] Jerry King (incumbent) Roxana Mehrfar Building and Fire Board of Appeals [2 vacancies /minimum 4 nominees] John De Frenza Jay Elbettar Nourmohammadi Khorow Stephen Sandland (incumbent) City Arts Commission 11 vacancy /minimum 2 nominees] Judy Chang (incumbent) Lesley Miller Joan Templeton- Morris Civil Service Board [1 vacancy /minimum 2 nominees] Linda Beimfohr William Bivens Jeffrey Herdman Harbor Commission [3 vacancies /minimum 6 nominees] Thomas Dessel John Drayton Patricia Humphreys William Kenney, Jr. Duncan McIntosh (incumbent) Douglas West (incumbent) Parks, Beaches & Recreation Commission [2 vacancies /minimum 4 nominees] Thomas Anderson (incumbent) Ron Cole (incumbent) William Hossfeld Erik Weigand Planning Commission [1 vacancy /minimum 2 nominees] Fred Amen (incumbent) Peter Koetting Albert Marshall ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR XVIL 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 5 XIX. PUBLIC HEARING(S) 14. Appeal of the Plannina Commission's Finding of Substantial Conformance for the Echo Beach Project (Formerly Seashore Village) Located at 5515 River Avenue (PA2014 -005) a) Conduct a de novo public hearing; and b) Adopt Resolution No. 2014 -51 (Staff Report Attachment No. CC1), A Resolution of the City Council of the City of Newport Beach Upholding the Decision of the Planning Commission and Finding the Modified Plans to be in Substantial Conformance with the Design Approved by Tentative Tract Map No. NT2007 -001 (County Tentative Tract Map No. TTM 17194), Modification Permit No. MD2007 -044, Use Permit No. UP2007 -011, Coastal Residential Development Permit No. CR2007 -001, and find that the environmental analysis of the modified plans is included in the Adopted Mitigated Negative Declaration (SCH2O08021075) and the Addendum is consistent with the requirements of CEQA and the CEQA Guidelines, for the Echo Beach Project located at 5515 River Avenue (Formerly Seashore Village). 15. Resolution No. 2014 -52: Fiscal Year 2014 -15 Budget Adoption a) Hold the public hearing on the City Manager's Proposed Budget for Fiscal Year 2014 -15. 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, changed or removed to the City Manager's Proposed Fiscal Year 2014 -15 Budget by Council Members during the public hearing. Based on the straw vote, items approved will be included in the City's Fiscal Year 2014 -15 Approved Budget; and c) Adopt Resolution No. 2014 -52, A Resolution of the City Council of the City of Newport Beach Adopting the Budget for the 2014 -2015 Fiscal Year, as amended by Items a -b above, and Adjusting the Employee Salary Range. 16. Consider the Granting of Non - Exclusive Solid Waste Franchise to Tierra Verde Industries a) Conduct a public hearing to consider the award of a Non - Exclusive Solid Waste Franchise to Tierra Verde Industries; and b) Adopt Ordinance No. 2014 -10, An Ordinance of the City Council of the City of Newport Beach Granting a Non - exclusive Solid Waste Franchise to Tierra Verde Industries, a California Corporation to Provide Solid Waste Collection Services Upon the City Streets and Within the City of Newport Beach. XX. CURRENT BUSINESS 17. Recycled Water Rate Establishment a) Review the results and proposed recommendations of the recycled water rate study; b) Direct staff to send rate notices to customers in compliance with Proposition 218 and Resolution No. 2009 -58, and c) Set the date of August 12, 2014 for tabulation of protests and public hearing of proposed rates pending results of protests. 18. Approval of Agreement for Weed Abatement Services Approve the five -year agreement with Southland Landscape Maintenance for weed abatement services at various City -owned properties at a total not -to- exceed cost of $725,000 (for the five -year period), 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. 2