Loading...
HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING June 23, 2015 CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 4:30 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 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. 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(&newoortbeachca.00v). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH June 23, 2015 STUDY SESSION - 4:30 PM /CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM ROLL CALL — 4:30 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar (4:30 p.m.) SS2. Retailer Recognition (4:35 p.m.) The Community Services Program, Inc. (CSP) will be recognizing Hornblower Cruises and Events and Avila's El Ranchito Mexican Restaurant for their participation in CSP's Responsible Beverage Service (RBS) Training Program, entitled Training for Intervention Procedures (TIPS), a nationally recognized program that focuses on public safety and reducing the risks associated with the sale and service of alcohol. SS3. Fourth of July Activities Preview (4:50 p.m.) Presenting the good with the bad, Police and Recreation staff will update the Council and community on fun and family - friendly celebrations and the various rules and regulations that apply if people get overzealous in their celebrations for Independence Day, which is Saturday, July 4, 2015. 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, Labor Negotiator; 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. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) and (e)(1)): 1 matter City Council Meeting June 23, 2015 Page 2 C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Friends of the Fire Rings v. South Coast Air Quality Management District, at al. Orange County Superior Court Case No. 30- 2013 - 00690328- CU- WM -CXC D. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION — INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 1 matter 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 - Pastor Rick Myers, Calvary Chapel San Juan Capistrano XI. PRESENTATION(S) – None XII. 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. XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA 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. City Council Meeting June 23, 2015 Page 3 XV. CONSENT CALENDAR (ITEMS 1 - 22) A. READING OF MINUTES AND ORDINANCES Minutes for the June 9, 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. B. ORDINANCE(S) FOR INTRODUCTION 3. Non - Exclusive Solid Waste Collection Franchise with Hartfield Construction Corp, a California Corporation a) Adopt Resolution No. 2015 -53, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to Conduct a Public Hearing to Consider the Granting of a Non - Exclusive Solid Waste Franchise to Hartfield Construction Corp., a California Corporation; b) Direct the City Clerk to publish Resolution No. 2015 -53 within 15 days of its adoption. c) Introduce Ordinance No. 2015 -17, An Ordinance of the City Council of the City of Newport Beach, California, Granting a Non - Exclusive Solid Waste Franchise to Hartfield Construction Corp., a California Corporation to Provide Solid Waste Collection Services upon the City Streets and Within the City of Newport Beach, and pass to second reading on July 14, 2015. 4. Non - Exclusive Solid Waste Collection Franchise with James Blomberg, a Sole Proprietor a) Adopt Resolution No. 2015 -54, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to Conduct a Public Hearing to Consider the Granting of a Non - Exclusive Solid Waste Franchise to James Blomberg, a Sole Proprietor; b) Direct the City Clerk to publish Resolution No. 2015 -54 within 15 days of its adoption. c) Introduce Ordinance No. 2015 -18, An Ordinance of the City Council of the City of Newport Beach, California, Granting a Non - Exclusive Solid Waste Franchise to James Blomberg, a Sole Proprietor, to Provide Solid Waste Collection Services upon the City Streets and Within the City of Newport Beach, and pass to second reading on July 14, 2015 5. Non - Exclusive Solid Waste Collection Franchise with Praisler Hauling & Demolition, Inc., a California Corporation a) Adopt Resolution No. 2015 -55, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to Conduct a Public Hearing to Consider the Granting of a Non - Exclusive Solid Waste Franchise to Praisler Hauling & Demolition, Inc., a California Corporation; b) Direct the City Clerk to publish Resolution No. 2015 -55 within 15 days of its adoption. c) Introduce Ordinance No. 2015 -19, An Ordinance of the City Council of the City of Newport Beach, California, Granting a Non - Exclusive Solid Waste Franchise to Praisler Hauling & Demolition, Inc., a California Corporation, to Provide Solid Waste Collection Services upon the City Streets and Within the City of Newport Beach, and pass to second reading on July 14, 2015. City Council Meeting June 23, 2015 Page 4 6. Proposed On- Street and Off - Street Parking Rate Increase a) Introduce Ordinance No. 2015 -20, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Section 12.44.040 to Increase On- Street Parking Meter Fees, and pass to second reading on July 14, 2015; and b) Adopt Resolution No. 2015 -56, A Resolution of the City Council of the City of Newport Beach, California, Establishing a Revised Schedule of Rates for Off - Street Parking Meter Zones. C. ORDINANCE(S) FOR ADOPTION Second Reading of Ordinance No. 2015 -13, Regulating and Limiting Vessels Propelled by Water Above the Surface of Newport Harbor a) Conduct a second reading and adopt Ordinance No. 2015 -13, An Ordinance of the City Council of the City of Newport Beach, California, Regulating and Limiting the Operation of Vessels Propelled by Water Above the Surface of Newport Harbor; and b) Provide staff with alternate direction concerning water propelled vessels in Newport Harbor. D. RESOLUTION(S) FOR ADOPTION 8. Resolution Authorizing the Temporary Closure of Selected Streets and Parking Lots for the July 4th Holiday Period Adopt Resolution No. 2015 -57, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Temporary Closure of Seashore Drive, Newport Boulevard, San Joaquin Hills Road, Back Bay Drive and Balboa Boulevard, Selected Parking Lots, and Selected Feeder Streets. 9. Summary Vacation of Existing Sewer Easement at 128 Kings Place a) Adopt Resolution No. 2015 -58, A Resolution of the City Council of the City of Newport Beach, California, Ordering the Summary Vacation of an Existing 10 Foot Wide Sewer Easement at 128 Kings Place (Lot 9 of Block D, Tract 1219) and Directing the City Clerk to Record Same with the County Recorder's Office; b) Direct staff to process the summary vacation of said easement; and c) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. 10. Declaration of Surplus Fund Balance in Assessment District 100 Adopt Resolution No. 2015 -59, A Resolution of the City Council of the City of Newport Beach, California, Directing Disposition of Balance in the Improvement Fund of Assessment District No. 100, authorizing the City to declare the remaining improvement fund balance as surplus and provide staff direction as to the distribution of improvement fund balances in Assessment District 100 (13th St. /Balboa Blvd. /Adams St. /Ocean Front). E. CONTRACTS AND AGREEMENTS 11. Bayside Drive Storm Drain Litter Removal — Notice of Completion and Acceptance of Contract No. 5954 (CAP15 -0025) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; 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 G) Release the Faithful Performance Bond one year after City Council acceptance. City Council Meeting June 23, 2015 Page 5 12. Sunset View Park Improvements — Notice of Completion and Acceptance of Contract No. 5443 (CAP14 -0027) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; 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 City Council acceptance. 13. Traffic Signal Modernization — Phase 6 — Notice of Completion and Acceptance of Contract No. 5442 (CAP14 -0019) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; 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 City Council acceptance. 14. Newport Boulevard and 32ntl Street Modification — Approval of Amendment No. Two with VA Consulting, Inc. (CAP12 -0009) Approve Amendment No. Two with VA Consulting of Irvine, California, for additional engineering services for the Newport Boulevard and 32nd Street Modification project at a not - to- exceed price of $155,629, and authorize the Mayor and City Clerk to execute Amendment No. Two. 15. Approve Agreement with Ed Building Maintenance for Restroom Portering Services and Paper Good Delivery Services Approve the janitorial services agreement with Ed Building Maintenance Services for a term of three years with a total amount not to exceed by $345,000.00, and authorize the Mayor and City Clerk to execute the agreement. 16. Approve Agreement with Global Power Group, Inc. for Generator Preventive Maintenance and Repairs Services Approve the preventive maintenance and repair agreement with Global Power Group for a term of five years with a total amount not to exceed by $300,000.00, and authorize the Mayor and City Clerk to execute the agreement. 17. Approve of Purchase Agreement with Haaker Equipment Company for One CNG- powered Vactor Ramjet Jet Rodder Truck Approve the agreement with Haaker Equipment Company of La Verne, California, for the purchase of one CNG - powered 2015 Vactor Ramjet Jet Rodder Truck for a total cost of $498,133.80. F. MISCELLANEOUS 18. Planning Commission Agenda for the June 18, 2015 Meeting Receive and file. 19. Confirmation of Voting Delegate and Alternate for the 2015 League of California Cities (LCC) Annual Conference - September 30, 2015 to October 2, 2015 in San Jose a) Designate Council Member Keith Curry as the City's Voting Delegate and Council Member Kevin Muldoon as the City's Alternate Voting Delegate at the Annual League Conference to be held from September 30, 2015 to October 2, 2015 in San Jose; b) Direct the City Clerk to complete and submit the League designation form by Friday, July 31, 2015; and c) Authorize Council Member Keith Curry and /or Council Member Kevin Muldoon to attend the Annual League Conference pursuant to Charter Section 402 and City Council Policy F -8. City Council Meeting June 23, 2015 Page 6 20. Accept the 2013 Emergency Management Performance Grant a) Accept the grant funding in the amount of $13,416 to be used in support of the City's emergency management program; and b) Approve Budget Amendment No. 15BA -049 to accept grant funds from the Federal Emergency Management Agency (FEMA) through the County of Orange, increase revenue estimates by $13,416 in account 2335 -4896, and increase expenditures appropriations by $13,416 in account 2335 - 82008. 21. Acceptance of Donation to the City of Newport Beach for the Purchase of Police Service Dogs and Related Training a) Accept the restricted donation in the amount of $37,236 from the Newport Harbor Elks, Lodge #1767 for the purchase of two Police Service Dogs and related training; b) Approve Budget Amendment No. 15BA -051 to increase FY 2014 -15 revenue estimates in 1820 -5901 by $37,236 and to increase FY 2014 -15 expenditure appropriations in 1830- 8211 by $18,618 to purchase one Police Service Dog and related training; and c) Authorize the City Manager to increase FY 2015 -16 expenditure appropriations in 1830- 8211 by $18,618 to purchase a second K9 in late summer /early fall 2015. 22. Accept a Check in the Amount of $175,000 from the Newport Beach Arts Foundation to Support Arts Programming in the City Approve Budget Amendment No. 15BA -052 to increase revenue estimates by $175,000 in account 4002 -5901 (Arts- Private Donations). The funds will be appropriated by budget amendment starting in the 2015 -2016 fiscal year. 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. PUBLIC HEARING(S) 23. Award of Non - Exclusive Solid Waste Collection Franchise to Genesis Dispatch, Inc. a California Corporation a) Conduct a public hearing to consider the award of a Non - Exclusive Solid Waste Franchise to Genesis Dispatch; and b) Conduct second reading and adopt Ordinance No. 2015 -16, An Ordinance of the City Council of the City of Newport Beach, California, Granting a Non - Exclusive Solid Waste Franchise to Genesis Dispatch Inc., a California Corporation to Provide Solid Waste Collection Services upon the City Streets and Within the City of Newport Beach. XX. CURRENT BUSINESS 24. Provide Direction to Staff on Further Review of Existing Easements & Conditions Associated with the Prior Vacation of Ticonderoga Street Offer specific direction regarding: Should City staff and City Council undertake further review and possible modifications /relief of the existing easements & conditions that were included as part of the prior vacation of Ticonderoga Street in 1984? City Council Meeting June 23, 2015 Page 7 25. Appointments to Boards and Commissions Continue the item to the July 14, 2015 City Council meeting. 26. Sculpture Exhibition in Civic Center Park Approve the 10 sculptures and the proposed locations within the Civic Center Park as recommended by the City Arts Commission for the temporary sculpture exhibit. 27. Donation of Sculpture from Ben Carlson Memorial Foundation The City Arts Commission recommends that City Council: a) Accept the donation of a memorial statue from the Ben Carlson Foundation in accordance with Council Policy 1 -11, Acquisition of Art by the City of Newport Beach; b) Waive Council Policy B -11, The City Employees' Memorial at Bob Henry Park; and c) Approve the placement of the statue at the base of the Newport Pier. 28. Ordinance No. 2015 -21: Fuel for Beach Fire Rings; Ratification of the California Coastal Commission's Approved Fire Ring Plan for Newport Beach a) Authorize the City staff to implement the fire rings plan as approved by the California Coastal Commission on June 11, 2015; and b) Introduce Ordinance No. 2015 -21, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 11.08.060 of Chapter 11.08 of the Newport Beach Municipal Code Relating to Beach Fire Rings, and, if approved, pass to second reading on July 14, 2015. XXI. 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. XXII. ADJOURNMENT 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.