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HomeMy WebLinkAbout0 - AgendaAMENDED AGENDA (see Item 11) UA N � ZIP 0�v 0 1, CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CLOSED SESSION AND REGULAR MEETING SEPTEMBER 27, 2016 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH CLOSED SESSION - 6:00 P.M./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 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. 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. Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time given. 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 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://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 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(a newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH SEPTEMBER 27, 2016 CLOSED SESSION - 6:00 P.M./REGULAR MEETING - 7:00 P.M. ROLL CALL - 6:00 p.m. 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. III. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Banning Ranch Conservancy v. City of Newport Beach, et al. Orange County Superior Court Case No. 30-2012-00593557-CU-WM-CXC B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 2 matters 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. PRESENTATION Presentation of a Check from the Newport Beach Public Library Foundation 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. City Council Meeting September 27, 2016 Page 2 XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) XVIII. PUBLIC HEARINGS (Pursuant to City Council Policy A-6, Item No. 15 will be taken out of order) 15. Public Hearing on Proposed Assessment District No. 114 and 114b - Area Bounded by Riverside Avenue, 15th Street, Irvine Avenue & Cliff Drive a) The City Council found this project to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302, item "d" of the CEQA Guidelines on August 9, 2016; b) Open public hearing on the formation of Assessment District No. 114 and 114b; c) Hear public testimony from those who desire to speak; d) Close the public hearing; e) Tabulate ballots; and f-1) If greater than 50% of weighted "Yes" votes versus "No" votes are submitted for both Area 114 and Area 114b separately, a majority protest does not exist and Assessment District No. 114 and 114b may be formed. If it is desired to form this district, take the following actions: 1) Adopt Resolution No. 2016-113, 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. 114 and 114b, 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. 114 and 114b; and 2) Approve Budget Amendment No. 17BA-011 authorizing an advance from the General Fund in the amount of $400,000 to Assessment District No. 114 and 114b and appropriating $350,000 to Account No. 66402-941027 for electrical utility design by SCE and $50,000 to Account No. 66402-941005 for phone system design by AT&T; and transferring $50,000 from 66502-941006 to 66402-941006 to merge funding for engineering services; OR f-2) If desired, adopt Resolution No. 2016-113, 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. 114 and 114b, 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 - 14). 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 f:1 �TOJIL �Z012,WiTRIVVy1l►9oIe1:i#]MfuTIM81*1 1. Minutes for the September 13, 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. City Council Meeting September 27, 2016 Page 3 RESOLUTION FOR ADOPTION 3. City Council Policy on Candidate Forums that Use City Resources a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2016-112, A Resolution of the City Council of the City of Newport Beach, California, Establishing a City Council Policy for Candidate Forums that Use City Resources, Council Policy A-21. CONTRACTS AND AGREEMENTS 4. Newport Boulevard Water Main Replacement (Via Oporto to 28th Street and 26th Street to 19th Street) - Notice of Completion for Contract No. 5481 (Project No. 15W02) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. (On May 12, 2015, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302); 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 the acceptance by the City Council. 5. County of Orange Lower Santa Ana River Sand Management - Approval of Cooperative Agreement a) Acknowledge that the County of Orange has processed the necessary environmental clearances and regulatory permitting for the project; and b) Approve Cooperative Agreement with the County of Orange. 6. Semen iuk Slough Maintenance Project -Reject all Bids -Construction Contract (15X17) a) Find this project exempt from the California Environment -al Quality Act (CEQA) pursuant to Section 15304(H) - Minor Alteration of Land, of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; b) Reject all bids; and c) Direct staff to review the scope of work and re -advertise for bids. 7. Amendment of Professional Services Agreement with Psomas DBA BonTerra Psomas for Environmental Services for the Proposed Harbor Pointe Senior Living Project Located at 101 Bayview Place (PA2015-210) a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Approve the amendment to the Professional Services Agreement, and authorize the Mayor and City Clerk to execute the agreement. 8. Approval of a Professional Services Agreement with Wittman Enterprises, Inc. to provide Emergency Medical and Ambulance Billing Services a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Approve a five (5) year Professional Services Agreement with Wittman Enterprises, Inc. to provide Emergency Medical and Ambulance Billing Services at a not to exceed amount of $175,000 per contract year, and authorize the Mayor and City Clerk to execute the Agreement. 9. Approve Participation in the Orange County All -Hazards Incident Management Team (OC-AHIMT) a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and City Council Meeting September 27, 2016 Page 4 b) Authorize the City Manager to enter into a Memorandum of Understanding (MOU) with the Orange County Fire Authority (OCFA) to participate in the Orange County All -Hazards Incident Management Team (OC-AHIMT). 10. Contract with Former City Employee, Michelle Caldwell a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Authorize the City Manager to execute a Temporary Employment Agreement (TEA) with former employee, Michelle Caldwell, who retired on December 28, 2012, to temporarily fill the position of Police Dispatcher until the earlier of when the Dispatcher vacancy is filled or September 27, 2017. MISCELLANEOUS 11. Planning Commission Agendas for September 22, 2016 Regular Meeting and the September 26, 2016 Special Meeting Receive and file. 12. Update on Water Use and Conservation Efforts - August 2016 a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Receive and file. 13. Code Amendment Initiation Amending Title 20 - Temporary Signs (PA2016-149) a) Find this action is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines; and b) Initiate an amendment to Section 20.42.090 of the Municipal Code allowing noncommercial pennant banners and themed lighting to be hung across public streets with limitations placed on street size, dates, and length of placement. 14. Budget Amendment to Accept a Check in the Amount of $185,000 from the Newport Beach Public Library Foundation and Appropriate Funds to the Library's Fiscal Year 2016/2017 Maintenance and Operation Budget a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Approve Budget Amendment No. 17BA-010 to increase revenue estimates by $185,000 in Account 0106051-511085 (Library Foundation) and to increase expenditure estimates by the same amount in Division 0106051 (Library Foundation) and Division 01060604 (Literacy Services). 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 XVIII XIX XX M City Council Meeting September 27, 2016 Page 5 ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES PUBLIC HEARINGS 16. 150 Newport Center Residential Project (PA2014-213) - 150 Newport Center Drive • General Plan Amendment No. GP2014-003 • Code Amendment No. CA2014-008 • Planned Community Development Plan No. PC2014-004 • Site Development Review No. SD2014-006 • Tentative Tract Map No. NT2015-003 (County Tentative Tract Map No. 17915) • Development Agreement No. DA2014-002 • Environmental Impact Report No. ER2015-002 • Use Permit No. UP1461 Revocation a) Conduct a public hearing; b) Find that denial of the project is not subject to California Environmental Quality Act (CEQA) review, pursuant to Section 15270 of the CEQA Guidelines; and c) Adopt Resolution No. 2016-114, A Resolution of the City Council of the City of Newport Beach, California, Denying Without Prejudice General Plan Amendment No. GP2014-003, Code Amendment No. CA2014-008, Planned Community Development Plan No. 2014-004, Site Development Review No. SD2014-006, Tentative Tract No. NT2015-003, Development Agreement No. DA2014-002, for a 35 -Unit Multi -Family Residential Development Located at 150 Newport Center Drive (PA2014-213). CURRENT BUSINESS 17. Appointment of New Civil Service Board Member to Fill the Unscheduled Vacancy on the Civil Service Board a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Appoint Jane Della Grotta or Sharon Wood to fill the unexpired balance of Jeff Herdman's term, which expires on June 30, 2018. 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. 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.