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HomeMy WebLinkAbout0 - Agenda CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING NOVEMBER 24, 2015 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - CANCELLED/CLOSED SESSION - 6:00PM/ REGULAR MEETING - 7:00 PM TELECONFERENCE LOCATION PURSUANT TO GC§54953(B): 9809 SW QUAIL POST ROAD, PORTLAND, OR 97219 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 - 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 addre ssing the Council. If you do fill out the card, please place it in the box at the podium. NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach’s equipment must be submitted to the City Clerk 24 hours prior to the scheduled 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, 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). 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 wh en 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://www.newportbeachca.gov/CouncilAgendas. The City of Newport Beach’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an atte ndee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in eve ry 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 NOVEMBER 24, 2015 STUDY SESSION - CANCELLED/CLOSED SESSION - 6:00 PM/ REGULAR MEETING - 7:00 PM TELECONFERENCE LOCATION PURSUANT TO GC§54953(B): 9809 SW QUAIL POST ROAD, PORTLAND, OR 97219 I. ROLL CALL – 6:00 p.m. II. 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. Public comments are also invited at the teleconference location. 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. III. CLOSED SESSION – Council Chambers Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City Manager, Terri Cassidy, Deputy City Manager, Barbara Salvini, Human Resources Director, and Jonathan Holtzman; 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957 (b)(1)) Title: Dave Kiff, City Manager Aaron C. Harp, City Attorney Leilani Brown, City Clerk C. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6) Agency Designated Representative: Council Member Tony Petros Unrepresented Employees: Dave Kiff, City Manager, Aaron C. Harp, City Attorney, and Leilani Brown, City Clerk. City Council Meeting November 24, 2015 Page 2 D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: Parcel C (APN 442-071-23) generally located at 3300 Jamboree Road, Newport Beach, California Agency Negotiator: Dave Kiff, City Manager Negotiating Party: Fletcher Jones Motor Cars Under Negotiation: Price and terms of payment for the sale of real property IV. RECESS V. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. CLOSED SESSION REPORT VIII. PLEDGE OF ALLEGIANCE IX. INVOCATION 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. Public comments are also invited at the teleconference location. 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 (NON-DISCUSSION ITEM) XII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA - None XVIII. PUBLIC HEARING (Pursuant to City Council Policy A-6, Item 20 is being taken out of order) 20. Proposed Assessment District No. 117 - Area Bounded by Bayside Drive, Avocado Avenue, Coast Hwy & Carnation Avenue a) Open public hearing on the formation of Assessment District No. 117; b) Hear public testimony from those who desire to speak; c) Close the public hearing; d) Count ballots; and e-1) If greater than or equal to 50% of weighted “Yes” votes versus “No” votes are submitted, a majority protest by ballot procedure does not exist and the District may be formed. If it is desired to form the District, adopt Resolution No. 2015-102, A Resolution of the City Council of the City of Newport Beach, California, Making Determinations, Confirming Assessments and Proceedings and Designating the Superintendent of Streets to Collect and Receive Assessments and to Establish a Special Fund for City of Newport Beach Assessment District No. 117, overruling protests, approving final engineer’s report, levying assessments without modification, approving and ordering the work and improvements for the utility underground project, and authorizing and directing related actions with respect to Assessment District No. 117; OR City Council Meeting November 24, 2015 Page 3 e-2) If desired, adopt Resolution No. 2015-102, A Resolution of the City Council of the City of Newport Beach, California, Declaring Abandonment of Proceedings for City of Newport Beach Assessment District No. 117, to abandon the proceedings. XIII. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 19). Public comments are invited on Consent Calendar from members of the audience and from the teleconference location. 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. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the November 10, 2015 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. ORDINANCE FOR INTRODUCTION 3. Water Efficient Landscape Ordinance Amendment (NBMC Chapter 14.17) a) Find that the adoption of Code Amendment No. CA2015-001 is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15307, Class 7 (Actions by Regulatory Agencies for the Protection of Natural Resources); and b) Introduce Ordinance No. 2015-34, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 14.17 of Title 14 of the Newport Beach Municipal Code in its Entirety Pertaining to Regulations Required for Water Efficient Landscaping (PA2015- 169), and pass to second reading on December 8, 2015. ORDINANCES FOR ADOPTION 4. Second Reading and Adoption of Ordinance No. 2015-33 Imposing An Express Ban on Marijuana Cultivation, Marijuana Processing, Marijuana Delivery, and Marijuana Dispensaries in the City Conduct second reading and adopt Ordinance No. 2015-33, An Ordinance of the City Council of the City of Newport Beach, California, Imposing an Express Ban on Marijuana Cultivation, Marijuana Processing, Marijuana Delivery, and Marijuana Dispensaries in the City. RESOLUTIONS FOR ADOPTION 5. Resolution of the City Council of the City of Newport Beach Regarding Disability Retirement and Reinstatement Determinations and Appeals for Local Safety Members Under the Public Employees Retirement Law; Delegating Authority for Local Public Safety Member Disability Retirement and Reinstatement Determinations and Rescinding Resolution No. 2008-89 City Council Meeting November 24, 2015 Page 4 Adopt Resolution No. 2015-100, A Resolution of the City Council of City of Newport Beach, California, Regarding Disability Retirement and Reinstatement Determinations and Appeals for Local Safety Members Under the Public Employees Retirement Law; Delegating Authority for Local Public Safety Member Disability Retirement and Reinstatement Determinations and Rescinding Resolution No. 2008-89. 6. Approval of Measure M2 Expenditure Report Adopt Resolution No. 2015-101, A Resolution of the City Council of the City of Newport Beach, California, Concerning the Measure M2 Expenditure Report for the City of Newport Beach for the Fiscal Year Ending June 30, 2015, substantially to form, subject to technical revisions in conformance with OCTA guidelines. CONTRACTS AND AGREEMENTS 7. Big Canyon Restoration Wetlands Project - Approval of Amendment No. 1 to the Professional Services Agreement with Burns & McDonnell (Project 15X12; C-6023A) Approve Amendment No. 1 to the Professional Services Agreement (C -6023A) with Burns & McDonnell of Brea, California, to make design modifications specified in the scope of work for the Big Canyon Restoration Wetlands project at a not-to-exceed fee of $135,720.00 and authorize the Mayor and City Clerk to execute the Agreement. 8. Orange County Sanitation District (OCSD) Mariners Mile Wastewater Force Main City Inspection Support Services Amendment with Anderson Penna a) Approve Amendment No. 2 with Anderson Penna for an additional $75,800 in inspection support services and authorize the Mayor and City Clerk to sign the agreement on a form approved by the City Attorney; b) Approve Budget Amendment No. 16BA-018, increasing revenue estimates in the Contributions fund by $119,350 in account 13501-431075 and increasing expenditure appropriations by $119,350 in the Contributions Fund in account 13501-980000-16S10; and c) Approve Budget Amendment No. 16BA-018, increasing revenue estimates in the Water Capital Fund by $55,297.66 in account 70203-511040 and increasing expenditure appropriations by $55,297.66 in the Water Capital Fund in account 70201-980000-15W02. 9. Storm Drain Evaluation - Approval of Professional Services Agreement with Downstream Services, Inc. - Contract No. 6277 Approve Professional Services Agreement, Contract No. 6277, with Downstream Services, Inc. of Escondido, California, to provide storm drain evaluation services at a not-to-exceed price of $200,000.00, and authorize the Mayor and City Clerk to execute the Agreement. 10. Request to Relocate a Driveway and Install Private Improvements within the Public Right- of-Way at 2723 Ocean Boulevard (N2015-0365) a) Waive City Council Policy L-2, Driveway Approaches, to allow the relocation of an existing driveway on Ocean Boulevard; b) Waive City Council Policy L-6, Private Encroachments in the Public Rights-of-Way, to allow retaining walls and guard rails that exceed 36 inches in height, private landscaping, private irrigation, drainage improvements and appurtenances that encroach in excess of 1-foot into the Ocean Boulevard right-of-way, contingent upon all conditions of the Encroachment Permit process being met; and c) Direct staff to enter into an Encroachment Agreement with the Owners, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. 11. Eastbluff Park Field Improvements - Award Contract No. 6268 a) Approve the project plans and specifications; b) Award Contract No. 6268 to Calpromax Engineering, Inc. (Calpromax), for the total bid price of $138,800.00, and authorize the Mayor and the City Clerk to execute the contract; and City Council Meeting November 24, 2015 Page 5 c) Establish a contingency of $21,200.00, approximately 15 percent, to cover the cost of unforeseen work. 12. Orange County Transportation Authority Cooperative Agreement No. C-5-3525 for MacArthur Boulevard Rehabilitation from East Coast Highway to Bonita Canyon Drive Approve Cooperative Agreement No. C-5-3525 with OCTA for APM grant funds for the MacArthur Boulevard Rehabilitation project, and authorize the Mayor and City Clerk to execute the agreement. 13. Annual Concrete Replacement Program - Award of Contract No. 6304 a) Approve the project drawings and specifications; b) Award Contract No. 6304 to Unique Performance Construction, Inc. for the Total Bid Price of $483,425.00, and authorize the Mayor and the City Clerk to execute the contract; c) Establish an amount of $49,000 (10%) to cover the cost of unforeseen work not included in the original contract; and d) Approve Budget Amendment No. 16BA-015, transferring $50,000.00 in project savings from Account No. 01001927-980000-15R04 (2014-2015 Citywide Slurry Seal Program) to Account No. 01001927-980000-16E11 (Concrete Pavement Replacement). 14. Amendment of Professional Service Agreement with T&B Planning for Environmental Services for the Proposed 150 Newport Center Project Located at 150 Newport Center Drive (PA2014-213) Approve the amendment to the Professional Services Agreement, and authorize the Mayor and City Clerk to execute the agreement. 15. Animal Sheltering Services Authorize the Mayor to sign a contract with Home Free Animal Sanctuary, 20302 Riverside Drive, Newport Beach, CA 92660 for $60,000 per year. 16. Contract for Veterinary Services Authorize the Mayor to sign the Professional Services Agreement with Mariner’s Mile Pet Clinic for Veterinary Services at the City's contract Animal Shelter. MISCELLANEOUS 17. Planning Commission Agenda for the November 19, 2015 Meeting Receive and file. 18. Confirmation of Appointments to the Newport Beach Restaurant Association Business Improvement District Advisory Board of Directors Appoint Alexandra Robinson representing Back Bay Bistro, and Christopher Roman, representing Cucina Enoteca, to fill the unexpired balance of Cindy O’Shea and Alexandra Robinson’s terms on the Newport Beach Restaurant Association Business Improvement District Advisory Board of Directors which expire on June 30, 2016. 19. Acceptance of the 2014 Emergency Management Performance Grant from the Federal Emergency Management Agency (FEMA) a) Accept the grant funding in the amount of $10,712 used in support of the City’s emergency management program; and b) Approve Budget Amendment No. 16BA-017 to accept grant funds from the Federal Emergency Management Agency (FEMA) through the County of Orange, increase revenue estimates by $10,712 in account 01040403-431250, and increase expenditures appropriations by $10,712 in account 01040403-821005. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED City Council Meeting November 24, 2015 Page 6 XV. ITEMS REMOVED FROM THE CONSENT CALENDAR XVI. PUBLIC COMMENTS ON NON-AGENDA ITEMS Public comments are invited from members of the audience and from the teleconference location 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. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVIII. PUBLIC HEARINGS 21. Former City Hall Complex Land Use and Zoning Amendments for the Lido House Hotel Located at 3300 Newport Boulevard and 475 32nd Street, and Authorization of Fostering Interest in Nature Program a) Conduct a public hearing; b) Find that all significant environmental concerns for the proposed project have been addressed in the previously certified Lido House Hotel Final Environmental Impact Report (SCH#2013111022), and that the changes reflective of the Coastal Commission’s certification of LCP-5-NPB-14-0831-3 are not substantial, as they do not involve new significant effects or a substantial increase in the severity of previously identified significant effects, and therefore, a subsequent environmental analysis does not need to be prepared; c) Find the FiiN program is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; d) Adopt Resolution No. 2015-104, A Resolution of the City Council of the City of Newport Beach, California, Accepting the Suggested Modifications from the California Coastal Commission (LCP-5-NPB-14-0831-3) and Approving Revised General Plan Amendment No. GP2012-002 and Revised Coastal Land Use Plan Amendment No. LC2012-001 for the Former City Hall Complex Located at 3300 Newport Boulevard and 475 32nd Street (PA2012- 031); e) Introduce Ordinance No. 2015-35, An Ordinance of the City Council of the City of Newport Beach, California, Approving Zoning Code Amendment No. CA2012-003 for the Former City Hall Complex Located at 3300 Newport Boulevard and 475 32nd Street (PA2012-031), and pass to second reading on December 8, 2015; f) Direct staff to take the necessary steps to develop and implement a new recreation program called “Fostering Interest In Nature (FiiN)” and develop a Memorandum of Understanding with the California Coastal Commission to operate the program in accordance with Coastal Development Permit No. 5-14-1785 (CDP) for the Lido House Hotel; and g) Approve Budget Amendment No. 16BA-012 in the amount of $1,415,232 establishing a new restricted reserve fund for the FiiN Program. 22. Annual Reporting on Development Impact Fees & Development Agreements Receive, review and file the Annual Reports on Development Impact Fees, and Development Agreements. XIV. CURRENT BUSINESS 23. Project Concept Approval for the Replacement of the Corona del Mar Fire Station No. 5 and Branch Library a) Approve floor plan option D-4, and rendering Option 3 as the preferred floor plan layout and exterior architectural style Concept for the Corona del Mar Fire Station No. 5 and Branch Library replacement; and b) Establish a total project budget goal at a not-to-exceed cost of $8,000,000. City Council Meeting November 24, 2015 Page 7 24. Cooperative Agreement with the County for Mooring Management Services in Newport Harbor Approve and authorize the Mayor and City Clerk to execute the Cooperative Agreement with the County of Orange for Mooring Management in Newport Harbor for five (5) years. 25. Award of Affordable Housing Fund a) Find the projects to be funded to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities); b) Approve and authorize the Mayor and City Clerk to execute the agreement with Community Development Partners and approve Budget Amendment No. 16BA-013, transferring $1,975,000 from the Affordable Housing Reserve Account to fund the Newport Shores Project; c) Approve and authorize the Mayor and City Clerk to execute the agreement with Habitat OC Partners and approve Budget Amendment No 16BA-013, transferring up to a maximum $600,000 from the Affordable Housing Reserve Account to fund the Senior Home Repair Program; and d) Authorize staff to negotiate an agreement with Seaview Lutheran Plaza for the remaining balance of approximately $1.6 million of the Affordable Housing Fund for the proposed renovations and accessibility improvements. 26. Landscape Maintenance Agreement for Parks and Facilities a) Approve and authorize the Mayor and City Clerk to execute the Maintenance Agreement with Mariposa Landscapes, Inc. for Landscape Maintenance of City Parks and Facilities for an amount not to exceed $1,975,000 per year; and b) Approve Budget Amendment No. 16BA-014, appropriating an additional $165,397 into the FY 15-16 Parks Division budget. 27. Professional Services Agreement - Civic Center Audit a) Authorize the Mayor and City Clerk to execute the professional services agreement with RW Block Consulting, Inc.; and b) Approve Budget Amendment No. 16BA-016, to increase expenditure appropriations by $612,920 from the General Fund unappropriated fund balance to the City Council’s budget for professional and technical services, 01005005-811008. 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 Dan Steele NOTE: PURSUANT TO GOVERNMENT CODE SECTION 54953(b), THIS MEETING WILL INCLUDE TELECONFERENCE PARTICIPATION BY COUNCIL MEMBER SCOTT PEOTTER FROM THE ADDRESS LISTED ON THE FIRST PAGE. THE NOTICE AND AGENDA WILL BE POSTED AT THE TELECONFERENCE LOCATION AND PUBLIC COMMENT FROM SUCH ADDRESS SHALL BE ALLOWED. 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. DECLARATION OF POSTING On _11/24/2015 , at _noon a.m./p.m., under penalty of perjury, I posted the agenda for the November 24, 2015, City Council Closed Session and Regular Meeting pursuant to the Brown Act, on the door of the teleconferencing site at: 9809 SW QUAIL POST ROAD PORTLAND, OR 97219 Posted by: Scott Peotter Council Member City of Newport Beach