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HomeMy WebLinkAbout0 - AgendaAMENDED ITEM 17 CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING JANUARY 26, 2016 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 5 :00 P.M./CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 P.M. DIANE B. DIXON, Mayor KEVIN MULDOON, Mayor Pro Tem KEITH D. CURRY, Council Member DUFFY DUFFIELD, Council Member EDWARD D. SELICH, 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 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 Counc il. 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 prio r 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 JANUARY 26, 2016 STUDY SESSION - 5:00 PM/CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM I. ROLL CALL – 5:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar (5:00 p.m.) SS2. Short Term Rental (STLPs, Airbnb, VRBO) – Update and Summary of Uses in Newport Beach (5:05 p.m.) Cities across the region have been discussing short-term rentals and how they’ve changed in recent years. Newport Beach has a specific regulatory mechanism that pre-dates Airbnb and related sites, but we’ve seen instances where vacation rentals occur outside of our permit system (and our bed tax collection mechanisms). The system may need to be changed to reflect the new technologies, or the old way could need more enforcement. The Council will hear a presentation on this and offer advice to staff on how to proceed. 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. PUBLIC EMPLOYEE PERFORMANCE EVALU ATION (Government Code § 54957 (b)(1)) Title: Dave Kiff, City Manager Aaron C. Harp, City Attorney Leilani Brown, City Clerk B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a), (d)(1)): 1 matter Deem, Paul v. State of California, City of Newport Beach, et al. Orange County Superior Court Case No. 30-2014-00745361 V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL City Council Meeting January 26, 2016 Page 2 VIII. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE X. INVOCATION – Dr. Jim Turrell, Center for Spiritual Living Newport Mesa 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. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 17). Public comments are invited on Consent Calendar from members of the audience. 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 January 12, 2016 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 ADOPTION 3. Water Efficient Landscape Ordinance - Second Reading Conduct second reading and adopt 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). City Council Meeting January 26, 2016 Page 3 RESOLUTIONS FOR ADOPTION 4. Resolution Establishing Surfing Regulations to Protect Users of Designated Surfing Areas and Designating Surfing Areas Adopt Resolution No. 2016-10, A Resolution of the City Council of the City of Newport Beach, California, Establishing Surfing Regulations to Protect Users of Designated Surfing Areas, Designating Surfing Areas, and Rescinding Resolution No. 95-116. 5. Memorandum of Understanding with the Newport Beach Firefighter's Association a) Adopt Resolution No. 2016-11, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Memorandum of Understanding between the City of Newport Beach and the Newport Beach Firefighters Association, for the period January 1, 2015 through December 31, 2018; b) Adopt Resolution No. 2016-12, A Resolution of the City Council of the City of Newport Beach, California, to Modify the Paying and Reporting of the Value of the Employer Paid Member Contribution to the California Public Employees Retirement System (CALPERS) for Certain Miscellaneous Employees Represented by the Newport Beach Firefighters Association, from 2.42% to 0% for non-safety Miscellaneous members; and c) Adopt Budget Amendment No. 16BA-025 in the amount of $669,752 from the General Fund unappropriated surplus fund balance. 6. Approval of the Key and Management Compensation Plan and Adoption of the Memorandum of Understanding with the Newport Beach Fire Management Association a) Adopt Resolution No. 2016-13, A Resolution of the City Council of the City of Newport Beach, California, Adopting the Key and Management Compensation Plan, for the period July 1, 2015 through December 31, 2018; b) Adopt Resolution No. 2016-14, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Memorandum of Understanding between the City of Newport Beach and the Newport Beach Fire Management Association, for the period July 1, 2014 through June 30, 2018; and c) Approve Budget Amendment No. 16BA-026 in the amount of $376,920 from the General Fund unappropriated surplus fund balance. 7. Authorize Submittal of Orange County Transportation Authority Grant Application for the Balboa Peninsula Shuttle Program a) Adopt Resolution No. 2016-15, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Submittal of Balboa Peninsula Shuttle Program to the Orange County Transportation Authority for Funding Under Project V Community Based Transit/Circulators; and b) Authorize the City Manager, or his designee, to sign grant documents. CONTRACTS AND AGREEMENTS 8. Corona del Mar Entry Improvements - Award of Contract No. 6382 (Project 15L12) a) Approve the project drawings and specifications; b) Award Contract No. 6382 to All American Asphalt, for the Total Bid Price of $497,497.00, and authorize the Mayor and the City Clerk to execute the contract; c) Encumber a contingency allocation of $50,000.00 (10%) to cover the cost of unforeseen work not included in the original contract; and d) Approve Budget Amendment No. 16BA-028 appropriating $175,000.00 from the General Fund unappropriated balance to Account No. 01001927-980000-15L12 for Corona del Mar Entry Improvements. City Council Meeting January 26, 2016 Page 4 9. Authorize the City Manager to Approve Term Extensions for On-call Professional Service Agreements Authorize the City Manager to execute agreement amendments to extend the term by up to six (6) months on various on-call professional service agreements as approved to form by the City Attorney. 10. Tentative Agreement with the Newport Beach Employees League Receive and consider the Tentative Agreement between the City of Newport Beach and the Newport Beach Employees League. 11. Request to Retain Existing Private Improvements within the Public Right-of-Way at 1200 Dolphin Terrace a) Waive City Council Policy L-6, Private Encroachments in the Public Rights-of-Way, to retain a 4-foot retaining wall to encroach into the Dolphin Terrace 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. MISCELLANEOUS 12. Planning Commission Agenda for the January 21, 2016 Meeting Receive and file. 13. Funding for Marina Management at Marina Park Approve Budget Amendment No. 16BA-027 unappropriating $45,000 in General Funds from Public Works Administration Account No. 01080005-811008 and returning it to the fund balance; and appropriating $122,400 in Tidelands Funds to Public Works Harbor Resources Account No. 10080802-811044 for marina management at Marina Park. 14. Dover Drive and Westcliff Drive Street Rehabilitation Increased Contingency Authority and Budget Amendment (15R15) a) Establish an amount up to $566,525 (17%) to cover the cost of unforeseen work not included in the original contract; b) Approve Budget Amendment No. 16BA-030, unappropriating $58,000 back to the Contributions Fund balance from Account 13501-980000-15R15 (Dover Drive and Westcliff Drive Street Rehabilitation Project Contributions Fund) and appropriating $81,035 from the General Fund balance to Account No. 01001927-980000-15R15 (Dover Drive and Westcliff Drive Street Rehabilitation Project General Fund) for a General Fund net increase of $23,035 to this project; and c) Revenue receipted in 13501-431075 from the Orange County Sanitation District in the amount of $58,000 will be transferred to 01080801-521380 (City Staff Service Fee General Fund). 15. Appointment of a New Balboa Village Advisory Committee Member to Represent ExplorOcean Appoint ExplorOcean’s CEO Linda Mayer to BVAC to fill the unexpired balance of Tom Pollack’s term, which expires on December 31, 2016. 16. Update on Water Use and Conservation Efforts December 2015 Receive and file. City Council Meeting January 26, 2016 Page 5 17. Summary Vacation of Existing Easement for Roadway Purposes at 20392, 20402, and 20412 Birch Street and Subsequent Approval of Parcel Map Number 2014-171 a) Adopt Resolution No. 2016-19, A Resolution of the City Council of the City of Newport Beach, California, Ordering the Summary Vacation of an Existing 60-Foot Wide Easement for Roadway Purposes at 20392, 20402, and 20412 Birch Street (Lots 125 and Portions of Lots 99 and 126), Directing the City Clerk to Record the Same with the County Recorder’s Office and Approve Parcel Map Number 2014-171; b) Approve the summary vacation of easement for roadway purposes at 20392, 20402, and 20412 Birch Street and subsequently approve Parcel Map Number 2014-171; and c) Direct staff to process Parcel Map Number 2014-171 in order for the owner to record the map with the Orange County Recorder. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XV. ITEMS REMOVED FROM THE CONSENT CALENDAR XVI. 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. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVIII. PUBLIC HEARINGS 18. Issuance of Multi-Family Housing Revenue Bonds for the Uptown Newport Project by the California Statewide Communities Development Authority to TPG/TSG Venture I Acquisition, LLC a) Conduct a public hearing; and b) Adopt Resolution No. 2016-16, A Resolution of the City Council of the City of Newport Beach, California, Approving the Issuance by the California Statewide Communities Development Authority of Multifamily Housing Revenue Bonds for the Uptown Newport I Apartments and Uptown Newport II Apartments. 19. Adoption of Sewer Rate Adjustment a) Conduct a public hearing to accept comments on the proposed sewer rate and at the conclusion of the hearing close the 45-day notice period; b) Direct the City Clerk to tabulate the results of the protests received from property owners and customers and announce the findings; c) In the absence of a majority of protests, adopt the proposed rates and structure; and d) Introduce Ordinance No 2016-1, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 14.24.065 of Title 14 of the Newport Beach Municipal Code Pertaining to Sewer Use Charge, and pass to second reading on February 9, 2016. XIX. CURRENT BUSINESS 20. Setting the Fair Market Value Rent for Moorings Located Upon Tidelands in Newport Harbor (propose this item be discussed at approximately 7:30 p.m.) Adopt Resolution No. 2016-17, A Resolution of the City Council of the City of Newport Beach, California, Setting the Fair Market Value Rent for Moorings Located upon Tidelands in Newport Harbor, effective for the mooring permits issued in 2016. City Council Meeting January 26, 2016 Page 6 21. Newport Boulevard Widening from 30th Street to Via Lido - Award of Contract No. 4881 (Project 15R17) a) Approve the project plans and specifications; b) Award Contract No. 4881 to GMC Engineering, Inc. for the total bid amount of $3,967,186.45 and authorize the Mayor and City Clerk to execute the contract; c) Encumber a contingency allocation of $400,000.00 (approximately 10% of Total Bid) to cover the cost of unforeseen quantities and work not included in the original contract; and d) Approve Budget Amendment No. 16BA-29 appropriating $880,000 from the General Fund unappropriated fund balance to Newport Boulevard Widening Project, Account No. 01001927 - 980000-15R17, to augment funding budgeted for this work. 22. Amendment of Newport Beach Municipal Code Chapter 5.15, Approval and Award of Official Police Tow Contracts, and Approval of Revised Tow Rates Schedule a) Introduce Ordinance No. 2016-2, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Chapter 5.15 Relating to Official Tow Services, and pass to second reading on February 9, 2016; b) Adopt Resolution No. 2016-18, A Resolution of the City Council of the City of Newport Beach, California, Adding the Franchise Tow Fee to the City of Newport Beach’s Fee Schedule; c) Authorize the Mayor and City Clerk to execute the attached contracts, in substantially the same form, for G&W Towing and MetroPro Towing, which include a proposed tow rate schedule; and d) Approve the revised Towing Rate Schedule. OR e) Alternatively to the above, should the City Council wish to amend the NBMC’s requirement(s) for tow services eligibility, the City Council should reject all bids and direct staff to change the NBMC (e.g., relating to the required size of tow yards, etc.), which would be followed by a new RFP process. Should the City Council choose this alternative path, the City Council may wish to enter into short-term contracts (such as one year) with qualifying providers to carry the City forward until that RFP process is complete. 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 David Lee Parks 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.