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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JULY 10, 2012 COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD REGULAR MEETING - 7:00 P.M. NANCY GARDNER Mayor KEITH D. CURRY Mayor Pro Tern � A STEVEN ROSANSKY Council Member `� LESLIE J. DAIGLE wil I Council Member NOTICE TO THE PUBLIC o� MICHAEL F. HENN Council Member RUSH N. HILL, II AA Council Member -A EDWARD D. SELICH Council Member DAVE KIFF - City Manager AARON HARP - City Attorney LEILANI BROWN - City Clerk ~ DANA SMITH - Assistant City Manager STEPHEN BADUM - Public Works Director 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. 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 generally held on the second and fourth Tuesdays of each month at 7:00 p.m. 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. It is the intention of the City of Newport Beach 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, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. PLEASE TURN CELL PHONES & PAGERS OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD JULY 10, 2012 Regular Meeting 7:00 p.m. I. STUDY SESSION — 4:00 p.m. II. CLOSED SESSION — After Study Session - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(a)): Two Matters 1. Sandy Wedgeworth, et al v City of Newport Beach, et at Orange County Superior Court Case No. 30- 2011- 00493787 2. Paul Matheis, et al v City of Newport Beach, et al Orange County Superior Court Case No. 30- 2011- 00477924 B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Agency Designated Representative: Dave Kiff, City Manager /Negotiator 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); Lifeguard Management Association (NBLMA); Newport Beach Part Time Unit (UPEC, Local 777); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Association (NBPTEA) III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION — Bryan Eckelmann, St. Andrews Presbyterian Church IX. PRESENTATION Heroic Act Award — Phil Castillo Testimony given before the City Council is recorded. Yellow light indicates that the speaker has one minute for summation; and the red light will signify when the speaker's time limit is up. 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 3300 Newport Boulevard during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeachca.gov. 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. Speakers must limit comments to five (5) minutes on agenda items. 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 FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM XII. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 13) 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, staff or the public request specific items to be discussed and /or removed from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Mayor, and state their name and item number. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS MINUTES FOR THE JUNE 26, 2012 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 the City Clerk to read by title only. B. CONTRACTS AND AGREEMENTS 3. TIDEGATE RETROFITS AND UPGRADES — AWARD OF CONTRACT NO. 5116. a) Approve the project drawings and specifications; b) award Contract No. 5116 to Bali Construction, Inc., for the total bid price of $126,620, and authorize the Mayor and City Clerk to execute the contract; and c) establish a contingency of $18,993 (15 percent) to cover the cost of unforeseen work not included in the original contract. 4. 15T" STREET REHABILITATION PROJECT — OLD NEWPORT BOULEVARD TO REDLANDS AVENUE — AWARD OF CONTRACT NO. 5077. a) Approve Reimbursement Agreement with the City of Costa Mesa and the City of Newport Beach; b) approve the project drawings and specifications; c) award Contract No. 5077 to All American Asphalt for the total bid price of $303,303 and authorize the Mayor and City Clerk to execute the contract; d) establish a contingency of $45,000 (15 percent) to cover the cost of unforeseen work not included in the original contract; and e) approve Budget Amendment No. 13BA -002 recognizing new revenue (reimbursement funds from the City of Costa Mesa) of $115,000 to Contribution Fund 250 -4858 and appropriating $115,000 to Account No. 7251- C2002042. 5. APPROVAL OF AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT WITH SCHMITZ & ASSOCIATES FOR PROJECT PROCESSING ASSISTANCE. Approve Amendment No. 6 to the Professional Services Agreement with Schmitz & Associates, Inc. of Malibu, California for California Coastal Commission application preparation, processing and support services at an additional contract cost of $52,825, and authorize the Mayor and the City Clerk to execute the Amendment. 6. MISCELLANEOUS PAVING REPAIR — BRISTOL STREET SOUTH, NEWPORT COAST DRIVE AND JAMBOREE ROAD AT COAST HIGHWAY SOUTH - AWARD OF CONTRACT NO. 4882. a) Approve the project drawings and specification; b) award Contract No. 4882 to PALP, Inc., DBA Excel Paving for the total bid price of $657,265.50, and authorize the Mayor and City Clerk to execute the contract; c) establish a contingency of $65,727 (10 percent) to cover the cost of unforeseen work not included in the original contract; and d) approve Budget Amendment No. 13BA -001 appropriating $43,000 from the Bristol Relinquishment Fund to Major Arterial Street Repairs CIP Account No. 7253- C2002047 and appropriating $140,000 from the unappropriated Measure M Turnback Fund to the Major Arterial Streets Repairs CIP Account No. 7281-C2002047. C. MISCELLANEOUS PLANNING COMMISSION AGENDA FOR JUNE 21, 2012. Receive and file. 8. CIVIC CENTER AUDIO - VISUAL AND INFORMATION TECHNOLOGY EQUIPMENT BUDGET AMENDMENT. Approve Budget Amendment No. 13BA -003 appropriating $1,360,385 from the Cable Franchise Reserve to the Civic Center Fund, Civic Center IT /AV Equipment Account, 7410- C1002041 ($1,018,000 will be used to purchase the audio - visual and information technology equipment necessary for the new Civic Center and the remaining balance of $342,385 will be used to supplement eligible expenditures within the current Civic Center Construction contract). 9. REQUEST TO INSTALL A DRIVEWAY APPROACH AT 1702 PARK AVENUE. Approve a new 17.5 -foot wide driveway approach for access to the property per City Council Policy L -2, Driveway Approaches, provided the property owner obtains an encroachment permit from the Public Works Department. 10. LIBRARY STAFF RECOMMENDATIONS TO THE CITY COUNCIL FOR APPROVAL OF CITY COUNCIL POLICY MANUAL LIBRARY SERVICES POLICY 1 -7 — USE OF THE NEWPORT BEACH PUBLIC LIBRARY. Staff is requesting City Council's approval of revisions to Council Policy 1 -7, as approved by the Board of Library Trustees at their December 5, 2011 Board Meeting, and by the City Attorney's Office on December 22, 2011. 11. WAIVE COUNCIL POLICY A -2 - BOARD AND COMMISSION APPOINTMENTS; AND APPOINT A NEW CITY ARTS COMMISSIONER TO FILL THE UNEXPIRED BALANCE OF CITY ARTS COMMISSIONER ROBYN GRANT'S UNEXPIRED TERM, WHICH ENDS JUNE 30, 2013. a) Since the City Council made appointments to the City Arts Commission and other Boards and Commissions at the June 26, 2012 City Council Meeting, waive Council Policy A -2 relative to the procedures for handing unscheduled vacancies; b) appoint a new member to the City Arts Commission to fill the unexpired balance of City Arts Commissioner Robyn Grant's term, which expires on June 30, 2013, from the list of applicants that have an application on file with the City Clerk's Office or any person that submits an application by 1:00 p.m. on Friday, July 20, 2012; and c) make the appointment to the City Arts Commission at the July 24, 2012 City Council meeting. 12. VISIT NEWPORT BEACH, INC. AND NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORTS. a) Approve the Fiscal Year 2012 -2013 Visit Newport Beach, Inc. Marketing & Business Plan and budget; and b) approve the Fiscal Year 2012 -2013 Newport Beach Tourism Business Improvement District Annual Report and budget. 13. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT FISCAL YEAR 2012- 2013 BOARD APPOINTMENTS. Appoint the following to the Corona del Mar Business Improvement District Advisory Board of Directors for FY 2012 -2013: Bernie Svalstad, Newport Financial Tom Nicholson, Nicholson Companies Tina Hoover, Hoover Law Office Jim Walker, The Bungalow Restaurant Keith Dawson, Dawson &Dawson Ali Zadeh, The Port Restaurant & Lounge Scott Laidlaw, Laidlaw Schultz Architects ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. 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. XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVI. PUBLIC HEARING 14. AFFORDABLE HOUSING AMENDMENT FOR NEWPORT PLACE PLANNED COMMUNITY LOCATED WITHIN THE AREA BOUNDED BY MACARTHUR BOULEVARD, JAMBOREE ROAD, BIRCH STREET, AND BRISTOL STREET NORTH (PA2011 -215). a) Conduct a public hearing; and b) introduce the Ordinance No. 2012 -14 adopting the Newport Place Planned Community Development Plan Amendment No. PD2011 -005. XVII. CURRENT BUSINESS 15. SECOND AMENDMENT TO THE AMENDED NEWPORT DUNES SETTLEMENT AGREEMENT AMONG THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, WATERFRONT RESORT PROPERTIES L.P., AND NEWPORT DUNES MARINA, LLC, LOCATED AT 1131 BACK BAY DRIVE (PA2012 -080). a) Determine that the approval of the Second Amendment to the Amended Newport Dunes Settlement Agreement is exempt from the California Environmental Quality Act (CEQA) under Section 15305 of the CEQA Guidelines - Class 5 (Minor Alterations in Land Use Limitations), and direct staff to file a notice of exemption; b) approve the Second Amendment to the Amended Newport Dunes Settlement Agreement between the City and the County of Orange, Waterfront Resort Properties L.P., and Newport Dunes Marina, LLC; and c) authorize the City Manager to execute the amendment. 16. INSTALLATION OF BICYCLE SHARED LANE MARKINGS (SHARROW) ON COAST HIGHWAY IN CORONA DEL MAR. a) Receive and file the letter to the Newport Beach City Council in support of installation of Sharrows from the Citizens Bicycle Safety Committee; b) as desired by the City Council, provide direction to staff to proceed with design of Sharrow deployment on Coast Highway from MacArthur Boulevard to Poppy Avenue and creation of an outreach and education program, as recommended by the Citizens Bicycle Safety Committee; and c) as desired by the City Council, approve installation of Sharrows on Coast Highway from MacArthur Boulevard to Poppy Avenue per the guidelines of the California Manual of Traffic Control Devices. 17. REQUEST TO REPLACE EXISTING PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT - OF -WAY AT 1540 OCEAN BOULEVARD. a) Staff recommends denial of this request since it does not comply with the intent of Council Policy L -18 to minimize dry- weather runoff and runoff from small rain events, to improve water quality and to allow urban runoff to percolate into the earth before entering the City's street drainage system; and b) otherwise, waive Council Policy L -18, Protection of Water Quality., Drainage — Public Rights - of -Way, to allow the installation of an non - permeable parkway. Direct staff to enter into an Encroachment Agreement with the Edward J. Rodriguez, II and Martha A. Rodriguez Family Trust and authorize the City Manager and City Clerk to execute the Encroachment Agreement. 18. PROFESSIONAL SERVICES AGREEMENT WITH FOX LAWSON AND ASSOCIATES TO CONDUCT A CITYWIDE CLASSIFICATION AND COMPENSATION STUDY. Approve and execute the Professional Services Agreement with Fox Lawson and Associates, a Division of Gallagher Benefit Services, Inc. (FLA) to conduct a comprehensive citywide and compensation study, not to exceed $115,000. 19. PROPOSED ORDINANCE DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONE IN THE CITY OF NEWPORT BEACH. a) Introduce Ordinance No. 2012 -15, designating Very High Fire Hazard Severity Zones within the City of Newport Beach, and pass to second reading on July 24, 2012; and b) find Ordinance No. 2012 -15 is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Public Resources Code Section 21080(b) (1) and CEQA Guidelines Section 15268(a) because the City's adoption of the ordinance is mandated by Government Code Section 51179(a), further find the adoption of the proposed VHFHSZ map via Ordinance No. 2012 -_ does not cause significant public safety issues based upon the substantial evidence contained in the record and the activities required of a person who owns, leases, controls, operates, or maintains a dwelling or structure in an area designated to be within a VHFHSZ are mandated by Government Code Section 51182 and not subject to the discretion of the City. The adoption of the ordinance is therefore ministerial. To the extent that provisions of Ordinance No. 2012 -15 are considered discretionary decisions due to the exclusion of certain areas from the map as submitted by the Director of the California Department of Forestry and Fire Protection ( "CAL FIRE "), the excluded areas will not be affected by the adopted VHFHSZ map or fuel management activities directly resulting there from, and therefore, there will be no impact to the environment in these excluded areas. Furthermore, find Ordinance No. 2012 -15 is exempt from CEQA pursuant to CEQA Guidelines section 15304(1), which applies to fuel clearance activities within one hundred feet (100') of a structure. 20. RECOMMENDATIONS TO THE CHARTER UPDATE COMMITTEE. a) Receive and review the attached 2012 Charter Update Committee report; b) accept, reject, or amend the proposed recommendations; and c) determine if a Charter amendment measure(s) should be placed on the November 6. 2012 ballot. XVIII. 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. XIX. ADJOURNMENT 5