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Home My WebLink About0 - AgendaSUPPLEMENTAL AGENDA (Added Item 19) CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH March 25, 2014 CLOSED SESSION - 6:00 P.M. (COUNCIL CHAMBERS CONFERENCE ROOM) 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 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 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. 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: http:/Iwww.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 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 March 25, 2014 CLOSED SESSION - 6:00 P.M. (COUNCIL CHAMBERS CONFERENCE ROOM) REGULAR MEETING - 7:00 PM I. STUDY SESSION -Cancelled II. CLOSED SESSION 6:00 p.m. A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(a)): Pacific Shores Properties, LLC, et al. v. City of Newport Beach Newport Coast Recovery, LLC, at al. v. City of Newport Beach United States District Court, Central District Case Nos. CV 08- 00457 -JVS (RNBx) & CV 09- 00701 -JVX (RNBx) United States Court of Appeals, 9th Circuit Case Nos. 11 -55460 & 11 -55461 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 IX. PRESENTATION(S) Junior Guard of the Year Presentation Proclamation Designating the City of Newport Beach as a "Purple Heart City" Update on the Transition to Automated Residential Refuse Collection 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 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 Public comments are invited on CONSENT CALENDAR. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. To the extent that 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. 2 XIII. CONSENT CALENDAR (ITEMS 1 - 11 & 19) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the March 11, 2014 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 City Clerk to read by title only. B. RESOLUTION(S) FOR ADOPTION 3. Resolution to Approve the Submittal for a Functional Classification Change for Tustin Avenue Approve Resolution No. 2014 -26, A Resolution of the City Council of the City of Newport Beach Approving the Submittal of a Functional Classification Change for Tustin Avenue to the State of California, Department of Transportation (Caltrans), from Santiago Drive to 23rd Street from "Collector" to "Local' street on the California Road System maps. C. CONTRACTS AND AGREEMENTS 4. Cooperative Agreement No. C -3 -2083 for the Newport Boulevard (South) Regional Traffic Signal Synchronization Project Authorize the Mayor to execute Cooperative Agreement No. C -3 -2083 between OCTA and the cities of Newport Beach and Costa Mesa for the Newport Boulevard (South) Regional Traffic Signal Synchronization Project. 5. Newport Coast Community Center Stage Remodel -Award of Contract No. 5540 (CAP14 -0002) a) Approve the project plans and specifications; b) Award Contract No. 5540 to A.J. Fistes Corporation for the Total Bid Price of $71,297.00 and authorize the Mayor and the City Clerk to execute the contract; c) Establish a contingency amount of $14,203.00 (approximately 20% of Total Bid) to cover the cost of unforeseen work; and d) Approve Budget Amendment No. 14BA -038 appropriating $50,000 from the unappropriated General Fund balance to account 7011- C1002043. 6. OCTA Cooperative Agreement for Bicycle Corridor Improvement Program Projects a) Approve Cooperative Agreement No. C -2 -1899 between the City of Newport Beach and OCTA for the OCTA Bicycle Corridor Improvement Program for the Newport Bike Lane Improvement Project; b) Approve Cooperative Agreement C -2 -1901 between the City of Newport Beach and OCTA for the OCTA Bicycle Corridor Improvement Program for the Eastbluff Drive -Ford Road Bike Lane Improvement Project; and c) Authorize the Mayor and City Clerk to execute the agreements. 7. Agreement with Municipal Water District of Orange County to Accept Potable Water Trailer Approve the agreement with Municipal Water District of Orange County to transfer ownership of a potable water trailer to the City, and authorize the Mayor and City Clerk to execute the agreement. 8. Marina Park Project — Demolition and Tree Relocation (Bid Package 1): Completion and Acceptance of Contract No. 3897 -A (CAP09 -0070) 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 this Council acceptance. D. MISCELLANEOUS 3 9. Planning Commission Agenda for March 20, 2014 Receive and file. 10. Capital Improvement Program Budget Transfers Approve Budget Amendment No. 14BA -037 appropriating $456,200 from the unappropriated Measure M Fair Share fund (280 -3605) to Account 7282- C2001009 for the FY 13/14 Sidewalk, Curb and Gutter project and transferring $99,800 from 7013- C2001009 (Sidewalk, Curb and Gutter) to 7013- C3001003 (Transportation Model Maintenance) and $89,400 from 7013- C2001009 (Sidewalk, Curb and Gutter) to 7013- C3002021 (Eastbluff Bike Lane). 11. General Plan Annual Status Report, Including Housing Element Report (PA2007 -195) a) Review and comment; and b) Authorize submittal to Office of Planning and Research (OPR) and Department of Housing and Community Development (HCD). 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) 12. Appeal of the Planning Commission's Decision to Approve Conditional Use Permit No. UP2013- 023 for 2240 University Drive (PA2013 -206) a) Conduct a de novo public hearing; b) If approved, find that this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 - Existing Facilities) of the CEQA Guidelines. If denied, find that the action is not subject to CEQA pursuant to Section 15270 of the CEQA Guidelines; and c) Adopt Resolution No. 2014 -27, A Resolution of the City Council of the City of Newport Beach Upholding the Decision of the Planning Commission and Approving Conditional Use Permit No. UP2013- 023 for a Religious Assembly Use and a Joint use of Parking Located at 2240 University Drive (PA2013- 206) (Staff Report Attachment No. CC 1). XVIII. CURRENT BUSINESS 13. Automatic Aid Agreement for Exchange of Fire, Rescue & Emergency Medical Services Between the Orange County Fire Authority and the City of Newport Beach Approve the Automatic Aid Agreement with the OCFA for Exchange of Fire, Rescue & Emergency Medical Services, and authorize the Mayor and City Clerk to execute the Agreement attached to the staff report. 14. Ordinance Amending Newport Beach Municipal Code Subsection 17.60.030(A) Relating to Residential Pier Permits a) Introduce Ordinance No. 2014 -8, An Ordinance of the City Council of the City of Newport Beach Amending Newport Beach Municipal Code Subsection 17.60.030(A) Relating to Residential Pier Permits, and pass the ordinance to second reading on April 8, 2014; and b) Authorize the City Manager to execute the Settlement Agreement and Release with the Association, if Ordinance No. 2014 -8 is adopted on April 8, 2014. 15. 2013 -2014 Streetlight Improvement Project - Award of Contract No. 5495 (CAP13 -0021) a) Approve the project plans and specifications; b) Award Contract No. 5495 to California Professional Engineering, Inc., for the total bid price, n including additive bid items, of $468,700.00 and authorize the Mayor and the City Clerk to execute the contract; and c) Establish a contingency of $47,300.00, approximately 10 percent, to cover the cost of unforeseen work. 16. Appointment of a New Water Quality /Coastal Tidelands Committee Member Appoint Kathleen Andrews, Jamie Holmes, or Michael Melby, as recommended by the Mayor's Ad -Hoc Appointments Committee, to the Water Quality /Coastal Tidelands Committee to fill the unexpired balance of Laird Hayes' term which expires on January 22, 2017. 17. Ordinance 2014 -7, Amending Chapter 6.04 of the Newport Beach Municipal Code Relating to Solid Waste Collection Introduce Ordinance 2014 -7, An Ordinance of the City Council of the City of Newport Beach Amending Chapter 6.04 of the Newport Beach Municipal Code Relating to Solid Waste Collection and Disposal, and pass to second reading on April 8, 2014. 18. Consideration of Agreement for Integrated Enterprise Resource Planning Software System (ERP) and Implementation Services (Tyler Technologies Inc.) Approve and authorize the Mayor to execute an agreement with Tyler Technologies Inc. for the purchase, installation, and implementation of an Enterprise Resource Planning Software System and related subsystem software in an amount not to exceed $3,766,697. XIX. SUPPLEMENTAL ITEM(S) 19. Professional Services Agreement with Newport Beach & Company to Manage NBTV Programming and Station Operations (CONSENT CALENDAR) a) Authorize the Mayor to approve a Professional Services Agreement with Newport Beach & Company for the management of NBTV operations and programming at a not -to- exceed cost of $150,000 per year; and b) Authorize the Mayor and City Clerk to execute the Agreement. 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 Jamve Rogers 5