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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING August 12, 2014 CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 4:30 PM/ REGULAR MEETING - 7:00 PM RUSH N. HILL, II Mayor EDWARD D. SELICH Mayor Pro Tem 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: htt p:// 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 August 12, 2014 STUDY SESSION - 4:30 PM/ 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. Employee Recognition by City Manager of Wayning Hsu and Jim Turner (4:35 p.m.) SS3. Summary of Past and Ongoing Bicycle Improvement Projects (4:45 p.m.) Traffic Engineering staff will describe recent capital improvement projects completed (and planned) to improve bicycling across Newport Beach. At a future meeting, staff will make a presentation about the Bicycle Master Plan, which is underway now. SS4. Water Conservation Update, Including Recent State Water Resources Control Board ( SWRCB) Direction on Water Use Reduction (5:15 p.m.) Staff from the Utilities Division as well as our water conservation coordinator will present information to the Council about recent actions by the SWRCB directing additional potable water conservation measures across the State. SS5. Next Steps for the Balboa Theater (5:45 p.m.) What's next for the Balboa Theater site? City staff and Theater Executive Director Steve Beazley will present an updated concept. 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. RECESS V. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION IX. PRESENTATION(S) - NONE 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 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. XIII. CONSENT CALENDAR (ITEMS 1 - 21) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the July 22, 2014 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. Balboa Bay Resort— Balboa Bay Way Street Renaming Adopt Resolution No. 2014 -72, A Resolution of the City Council of the City of Newport Beach Changing the Name of Balboa Bay Club to Balboa Bay Way, and finding the action is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Sections 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, California Code of Regulations, Title 14, Chapter 3 (Staff Report Attachment A). 4. Resolution of Intent to Set a Public Hearing Regarding Declaring of a Level One Water Shortage a) Adopt a Resolution of Intention (Resolution No. 2014 -73), A Resolution of the City Council of the City of Newport Beach Noticing its Intention to Declare a Level One Water Supply Shortage, and to conduct a public hearing on September 9, 2014, to declare a Level One water supply shortage per Section 14.16 of the Municipal Code; and b) Direct the City Clerk to publish Resolution No. 2014 -73 within fifteen (15) days of its adoption and at least ten (10) days of the public hearing on September 9, 2014. C. CONTRACTS AND AGREEMENTS 5. 2013 -2014 Miscellaneous Street Repairs - Notice of Completion and Acceptance of Contract No. 5343 (CAP13 -0014) 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. 6. 2013 -2014 Sidewalk, Curb & Gutter Replacement Project - Notice of Completion and Acceptance of Contract No. 5491 (CAP13 -0020) 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 applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after acceptance by the City Council. 7. Corona del Mar Water Transmission Main Pipeline Improvements - Notice of Completion and Acceptance of Contract No. 4603 (CAP11 -0019) 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 applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after acceptance by the City Council. 8. St. James Road Sewer Relocation and CDS Unit Installation — Award of Contract No. 4910 (CAP12 -0027) a) Approve the project drawings and specifications; b) Award Contract No. 4910 to Paulus Engineering, Inc. for the total bid price of $539,645.00, and authorize the Mayor and City Clerk to execute the contract; c) Establish a contingency of $54,000.00 to cover the cost of unforeseen work not included in the original contract; and d) Approve Budget Amendment No. 15BA -007 transferring $185,600 from Account No. 7541 - C7001003 (Wastewater Master Plan Improvements) to Account No. 7541- C7002005 (St. James Road Sewer Relocation) and appropriating $197,000 from the unappropriated General Fund balance to Account No. 7012- C7002005 (St. James Road Sewer Relocation). 9. Sunset View Park -Award of Contract No. 5443 (CAP14 -0027) a) Approve the final park design and the project plans and specifications; b) Award Contract No. 5443 to Micon Construction, Inc. for the total bid amount of $235,317.00, and authorize the Mayor and City Clerk to execute the contract; c) Establish a contingency of $24,000.00 (approximately 10 %) to cover the cost of unforeseen work; and d) Approve Budget Amendment No. 15BA -005 appropriating $55,500.00 from the unappropriated General Fund reserve to Account No. 7015- C4002012. 10. Eastbluff Drive /Ford Road Bike Lane Improvement - Award of Contract No. 5498 (CAP13- 0030) a) Approve the project plans and specifications; b) Award Contract No. 5498 to GMC Engineering, Inc. of Tustin, California, for the total bid price of $297,000.00, and authorize the Mayor and the City Clerk to execute the contract; c) Establish an amount of $30,000.00 (approximately 10% of Total Bid) to cover the cost of unforeseen work; and d) Approve Budget Amendment No. 15BA -008 appropriating $96,000.00 from the Bicycle Safety Fund (010 -3747) to the Eastbluff Drive -Ford Road Bike Lane Improvement Project Account No. 7014- C3002021. 11. MacArthur Boulevard Pavement Rehabilitation Project — Approval of Professional Services Agreement with DMS Consultants, Inc. Approve a Professional Services Agreement (PSA) with DMS Consultants, Inc. of Garden Grove, California, for the MacArthur Boulevard Pavement Rehabilitation project (Phases 1 and 2) at a not -to- exceed price of $161,260, and authorize the Mayor and City Clerk to execute the Agreement. 12. Professional Services Agreement with Gonzalez Goodale Architects - City Yards Consolidation, Phase 1 Conceptual Design Approve the Professional Services Agreement with Gonzalez Goodale Architects, and authorize the Mayor and the City Clerk to execute the agreement. 13. Plumbing Repair Services Approve three -year agreements with HSW Corporation of Mission Viejo and Pacific Plumbing of Santa Ana for plumbing repair services at various City -owned facilities at a total not -to- exceed cost of $540,000, and authorize the Mayor and City Clerk to execute the agreements. 14. School Resource Officer Program Agreement Approve the Agreement between the City of Newport Beach and the Newport Mesa Unified School District to participate in the School Resource Officer Program ( "Agreement "), and authorize the Mayor to execute the Agreement on behalf of the City. D. MISCELLANEOUS 15. Planning Commission Agenda for the August 11, 2014 Special Meeting Receive and file. 16. Accept the 2012 Emergency Management Performance Grant a) Accept the 2012 Emergency Management Performance Grant for $16,660 in funding for maintaining the City's emergency management program; and b) Approve Budget Amendment No. 15BA -003 increasing revenue estimates by $16,660 in 2335 -4896, and appropriating those funds into Fire Department account 2335 - 82008. 17. Appointments to the Corona del Mar Business Improvement District Advisory Board of Directors for FY 2014 -15 Appoint Tom Nicholson, representing Graviti Fitness, and Scott Palmer, BID Systems Inc., to the Corona del Mar Business Improvement District (BID) Advisory Board of Directors for FY 2014 -2015. 18. Budget Amendment to Accept a Check from the Newport Beach Public Library Foundation and Appropriate Funds to the Library's Fiscal Year 2014/2015 Maintenance and Operation Budget Approve Budget Amendment No. 15BA -006 to increase revenue estimates by $19,495 in Account 4090 -5893 (Library Foundation Donations) and to increase expenditure estimates by the same amount in Division 4090 (Library Foundation Donations). 19. Budget Amendment to Cover Additional Costs for the John Wayne Airport (JWA) Settlement Agreement's Environmental Impact Report (EIR) a) Find that the Budget Amendment is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) of the CEQA Guidelines; and b) Approve Budget Amendment No. 15BA -004 to increase expenditure appropriations in the City Council's Airport Management Division Budget, Professional & Technical Account, 0121- 8080, by $185,000, from the General Fund unappropriated fund balance. 20. Request to Retain Existing Private Improvements within the Public Right -of -Way at 222 La Jolla Drive a) Waive City Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow a crib retaining wall, concrete /wood steps, and private trees to encroach up to 7 -feet into the La Jolla Drive right -of -way, contingent upon all conditions of the Encroachment Permit process being met; 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. 21. Newport Beach & Company 2014/2015 & 2015/2016 Marketing Plan and Budget and the Newport Beach Tourism Business Improvement District FY 15 Annual Report and Budget a) Authorize a waiver of the timelines provided in Section 6 of the Agreement; b) Authorize the City Manager to enter into a second amendment to the Agreement with VNB to change the reporting timeline for the Performance Standards / Marketing Goals and the Marketing Plan reporting from annual to biennial to correspond with the budget reporting timeline; c) Review VNB's Performance Standards / Marketing Goals Report; d) Review Newport Beach & Company's 2014/2015 & 2015/2016 Marketing Plan; e) Review, approve and /or modify VNB's FY 2014 -2015 and FY 2015 -2016 budgets; f) Review and approve the FY 2014 -2015 NBTBID Annual Report; and g) Review and approve the NBTBID's FY 2014 -2015 budget. 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 HEARING(S) 22. 191 Riverside Avenue Land Use and Zoning Amendments (PA2014 -210) a) Conduct a public hearing; b) Adopt Resolution No. 2014 -74 (Staff Report Attachment No. CC 1), A Resolution of the City Council of the City of Newport Beach Adopting Negative Declaration ND2013 -003 (SCH No. 2014011028) for 191 Riverside Land Use and Zoning Amendments Located at 191 Riverside Avenue Lido (PA2013 -210), pursuant to the California Environmental Quality Act; c) Adopt Resolution No. 2014 -75 (Staff Report Attachment No. CC 2), A Resolution of the City Council of the City of Newport Beach Approving General Plan Amendment No. GP2013 -002 and Coastal Land Use Plan Amendment No. LC2013 -003 for Property Located at 191 Riverside Avenue (PA2013 -210); and d) Introduce City Council Ordinance No. 2014 -12 (Staff Report Attachment No. CC 3), An Ordinance of the City Council of the City of Newport Beach Approving Zoning Code Amendment No. CA2013 -007 for 191 Riverside Land Use and Zoning Amendments Located at 191 Riverside Avenue (PA2013 -210), and pass to second reading on September 9, 2014. 23. Corona del Mar Parking Management Plan (PA2013 -157) Continue this item to the September 9, 2014 meeting for both the Study Session and Regular Meeting. 24. Adoption of Recycled Water Rates a) Conduct a public hearing to accept comments on the proposed recycled water rate and, at the conclusion of the hearing close the 45 -day written protest period; b) Affirm the tabulated results of the recycled water rate protest count from property owning customers; and c) Introduce Ordinance No 2014 -13, An Ordinance of the City Council of the City of Newport Beach Amending the Newport Beach Municipal Code to Add Chapter 14.13 Regarding Recycled Water Rates, and pass to second reading on September 9, 2014. XVIII. CURRENT BUSINESS 25. Newport Boulevard and 32nd Street Modification — Approval of Right -of -Way Acquisition Purchase and Sale Agreement for 3201 Newport Boulevard and 3204 Marcus Avenue a) Approve the Purchase and Sale Agreement with Lido Pacific, LLC for the acquisition of real property for the Newport Boulevard and 32nd Street Modification project and authorize the Mayor and City Clerk to execute the Purchase and Sale Agreement; b) Direct the City Manager to execute the Certificate of Acceptance and authorize the City Manager, or his Designee, to open an escrow account, complete any actions necessary to complete the transaction, and execute any documents approved as to form by the City Attorney and in furtherance of the Purchase and Sale Agreement: and c) Approve Budget Amendment No. 15BA -002 appropriating $3,313,087.00 from the unappropriated General Fund balance to Account No. 7013- C2002048 and appropriating $3,048,413.00 from Measure M Competitive Fund (284 -3605) to Account No. 7284- C2002048 and recognizing $85,913 in additional revenue from Orange County Transportation Authority (284- 4861). 26. AT &TlVerizon Newport Center Telecommunication Facility Permit Located at 1600 Newport Center Drive (PA2013 -225) a) Conduct telecom application review; and b) Adopt Resolution No. 2014 -76 (Staff Report Attachment No. CC 1), A Resolution of the City Council of the City of Newport Beach Approving Telecommunications Permit No. TP2013 -010 for the Construction of Two Monopoles and a 450 Square Foot Equipment Enclosure for a Telecommunications Facility Located at 1600 Newport Center Drive (PA2013 -225), subject to findings and conditions of approval, and finding that the project is categorically exempt pursuant to the State California Environmental Quality Act (CEQA) Guidelines under Section 15303 Class 3 (New Construction or Conversion of Small Structures). 27. Appointment to the Environmental Quality Affairs Committee (EQAC) Appoint either Scott Kohan, James Mosher, Joan Penfil, or Mark Tabbert to fill the unexpired balance of Merritt Van Sant's term which expires on February 26, 2017. XIX. 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. XX. 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.