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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING July 28, 2015 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 4:00 PM /CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM EDWARD D. SELICH, Mayor DIANE B. DIXON, Mayor Pro Tem KEITH D. CURRY, Council Member DUFFY DUFFIELD, Council Member KEVIN MULDOON, Council Member SCOTT PEOTTER, Council Member TONY PETROS, Council Member DAVE KIFF - City Manager AARON HARP - City Attorney LEILANI BROWN - City Clerk CAROL JACOBS - Interim Assistant City Manager TERRI CASSIDY - Deputy City Manager 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. ntation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk 24 hours prior to the City Council meeting. 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, 2ntl 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). 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: htto:// www. newportbeachca .00v /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)newoortbeachca.00v). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH July 28, 2015 STUDY SESSION - 4:00 PM /CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM ROLL CALL — 4:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar (4:00 p.m.) SS2. Short Presentation Regarding New Information Issued with Demolition Permits Regarding Protection of Nesting Birds (4:05 p.m.) Community Development Department staff will show the Council and public new informational material handed out with demolition permits. The material attempts to help increase awareness of migratory bird laws and to protect nesting and fledgling birds. SS3. Blackball Regulations Review (4:15 p.m.) The Parks, Beaches and Recreation (PB &R) Commission met in April, 2015 to review recommendations from the Blackball Working Group and voted to recommend the following proposals. Staff requests direction on these recommendations, or to provide suggestions for other proposals, to potentially be placed on a future Council Agenda: a) Year round and Citywide, the supervising Marine Operations Watch Commander, or designee, has the authority to blackball (prohibit surfing) in Surfing Area No. 1, No. 2, or No. 3 when an unsafe condition exists between, but not limited to, hard board surfers, skim boarders, other flotation device users and other ocean water users (swimmers); b) Adjust the distances of surfing Area 3 in "Little Corona" to be defined by the area of ocean between the prolongations of Poppy Avenue and Cameo Shores Road; c) Prohibit surfing in the area between the midline of the rock groins located on the prolongation of 40th Street and 44th Street from 10:00 a.m. - 5:00 p.m. daily, from the Saturday before Memorial Day through Labor Day; and d) Adjust the location defining the area known as the Wedge to 20' from the West Jetty of the Newport Harbor entrance channel to 600' northwest along the mean high tideline. 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. 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, Terri Cassidy, Deputy City Manager, and Jonathan Holtzman; Negotiators. City Council Meeting July 28, 2015 Page 2 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 LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 1 matter C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 1 Newport Pier, Newport Beach, California Agency Negotiator: Lauren Weeding and Seimone Jurjis Negotiating Parties: Blue Water Grill, Cube Restaurants, Machani Group Under Negotiation: Instruct negotiator as to price and terms of payment. 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 - Reverend Canon Cindy Evans Voorhees, St. James the Great Episcopal Church XI. 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. XII. CITY COUNCIL ANNOUNCEMENTS (NON- DISCUSSION ITEM) XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA Review of Council Policy A -12 (Council Discretionary Grants) Council Review of the Timing and Scope of Work Associated with any Proposed Update of the City's Urban Water Management Plan to Ensure that Water Sources Such as New Opportunities for Reclaimed Water are Appropriately Addressed. NOTE: Items requested by Council Member Curry at the July 14, 2015 City Council Meeting will return at the August 11, 2015 City Council meeting, as Council Member Curry will not be present for the July 28, 2015 City Council Meeting. City Council Meeting July 28, 2015 Page 3 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 - 15) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the July 14, 2015 Special Meeting, 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(S) FOR ADOPTION 3. Adoption of Ordinance No. 2015 -23 Amending Newport Beach Municipal Code Adding Chapter 15.18 Regarding Residential Rooftop Solar Systems Conduct second reading and adopt Ordinance No. 2015 -23, An Ordinance of the City of Newport Beach, California, Amending Title 15 of the Newport Beach Municipal Code to Provide an Expedited, Streamlined Permitting Process for Small Residential Rooftop Solar Systems. 4. Adoption of Ordinance No. 2015 -22 Relating to Hotel Guest Registry Inspections Conduct second reading and adopt Ordinance No. 2015 -22, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 5.36.020 of the Newport Beach Municipal Code Regarding Inspections of Hotel Guest Registries. C. CONTRACTS AND AGREEMENTS 5. Bay Avenue Pavement Reconstruction — Notice of Completion and Acceptance of Contract No. 5580 (CAP15 -0010) 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. 6. Big Canyon Reservoir Flow Metering Vault and Treatment Improvements — Approval of Professional Services Agreement with Stantec Consulting, Inc. Approve Professional Services Agreement (PSA) with Stantec Consulting, Inc. of Irvine, California, for design services for the Big Canyon Reservoir Flow Metering Vault and Treatment Improvements project at a not -to- exceed price of $158,403, and authorize the Mayor and City Clerk to execute the Agreement. City Council Meeting July 28, 2015 Page 4 7. Newport Boulevard and 32nd Street Modification — Approval of Amendment No. 2 with VA Consulting, Inc. (CAP12 -0009) Approve Amendment No. 2 with VA Consulting of Irvine, California, for additional design services for the Newport Boulevard and 32nd Street Modification project at a not -to- exceed price of $110,550, and authorize the Mayor and City Clerk to execute Amendment No. 2. 8. Plan Review Services - Amendment to the Professional Services Agreement with VCA Code and JAS Pacific and Approval of Budget Amendment a) Find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3); b) Approve and authorize the Mayor and City Clerk to execute an amendment to the professional services agreement with The Code Group, dba VCA Code, for an additional $166,847 with a not to exceed limit of $1,546,847; c) Approve and authorize the Mayor and City Clerk to execute an amendment to the professional services agreement with Jason Addison Smith Consulting, Inc., dba JAS Pacific for an additional $180,750 with a not to exceed limit of $1,121,750; and d) Approve Budget Amendment No. 16BA -002, increasing department expenditures by $347,597. 9. Revocable License Agreement between the City of Newport Beach and Sprouts of Promise to Operate a Certified Farmers' Market Located at McFadden Square and Newport Pier and a Request for a Reduced Rental Rate a) Find that the execution of the license agreement is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines; b) Authorize the Mayor and City Clerk to enter into a five -year license agreement with Sprouts of Promise for a rental rate of $3,600 per year, and adjusted annually by the Consumer Price Index (CPI), which is below fair market value. The justification for charging less than fair market value is based upon the findings contained in the staff report and in the Revocable License Agreement, which indicate that charging less than fair market value promotes the City's goals to provide an essential or unique service to the community that cannot otherwise be provided if full market rates were charged; c) Approve a waiver of City Council Policy F -7 (Income Property) based on the findings contained in the staff report and in the Revocable License Agreement, that converting the property to another use or changing the licensee of the property would result in excessive vacancy; and d) Approve a waiver of City Council Policy L -13 (McFadden Plaza and Pier Use Policy) based on the findings contained in the staff report and in the Revocable License Agreement that use of McFadden Square for commercial purposes by a certified farmers' market will promote revitalization of the area. 10. 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. 11. Tentative Agreement with the Association of Newport Beach Ocean Lifeguards Receive and consider the Tentative Agreement between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards in advance of adopting a successor Memorandum of Understanding for the period July 1, 2014 through June 30, 2017, to be presented for City Council consideration at the August 11, 2015 Regular Meeting. D. MISCELLANEOUS 12. Planning Commission Agenda for the July 23, 2015 Meeting Receive and file. City Council Meeting July 28, 2015 Page 5 13. Appointment to the Finance Committee Confirm Council Member Duffield's appointment of William O'Neill to serve on the Finance Committee for a term expiring on January 27, 2016. 14. Wildlife Protection Banner - Approval of Encroachment Permit N2015 -0336 a) Waive the provisions of Council Policy L -16 (Temporary Banners Extending Over The Public Right -of -Way) pertaining to: notification of the general public of a community wide event, the requirement that the event is open to the public and free of charge and conducted by a non - profit corporation or organization; b) Conditionally approve the installation of the Wildlife Protection banner in the landscaped median at Balboa Boulevard East and G Street for a maximum duration of 30 days; and c) Authorize the City Manager to waive all fees associated with encroachment permit processing, City Council report preparation and banner installation /removal. 15. Commercial Marina Rental Rate Approach Receive and File. 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. CURRENT BUSINESS 16. Approval of Agreement with International Line Builders, Inc. for Citywide Streetlight Maintenance and As- Needed Repair Services Approve the Maintenance and Repair Agreement with International Line Builders, Inc. for Citywide Streetlight Maintenance and As- Needed Repair Services for a term of five years with a total amount not to exceed by $1,353,425.00, and authorize the Mayor and City Clerk to execute the agreement. 17. Fiscal Year 2015 -2016 Special Event Support Funding Recommendations a) Approve the amended Special Event Support recommendations for Fiscal Year 2015 -2016; b) Authorize staff to execute grant agreements with each Signature Event organizer; c) Approve the transfer of $35,000 from 0110 -8250 to 0340 -8250; d) Approve waiving the Special Event Permit Fees and any City site rental fees for the Art in the Park event and the Bunnies & Books Kids Festival; e) Approve changes to the FY 2016 -2017 Special Event Program as detailed in this staff report; f) Approve a one -time waiver of the eligibility requirements and a $15,000 Signature Event grant for the Newport Beach Wine & Food Festival; g) Authorize staff to proceed with providing up to $20,000 in City support for the Balboa Island Centennial, to be drawn from the City Council's approved budget allocations (no net budget change); and h) Authorize staff to proceed with providing up to $7,500 in City support for the Balboa Village Merchants Association, to be drawn from the approved budget allocations for Economic Development (no net budget change). City Council Meeting July 28, 2015 Page 6 XX. 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. XXI. ADJOURNMENT— In memory of Joseph O'Hora 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.