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HomeMy WebLinkAbout0 - Agenda POR� O � H cgtiFoac�`P CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING SEPTEMBER 22, 2015 CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION -4:00 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 CAROL JACOBS - Interim 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 addressing 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 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/CouncilAgandas. 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 cityclerkonewportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH SEPTEMBER 22, 2015 STUDY SESSION - 4:00 PM/CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM I. ROLL CALL -4:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar(4:00 p.m.) SS2. Orange County Community Paramedicine Pilot Project (4:05 p.m.) The Affordable Care Act directs that medical professionals work to maintain quality care but reduce costs — one such way is via community paramedicine, where Newport Beach emergency medical personnel would assist with in-home follow-ups after hospital discharge, checking in regularly with persons who otherwise are high users of emergency rooms, and more. Staff will describe a pending pilot project to the Council and community. SS3. Water Issues (4:25 p.m.) • Sage High School Environmental Program • Overview of Citywide Storm Water Quality Program • Median Turf Conversion Update (incl. Irvine Avenue Median Concepts) Public Works will update the Council and community on water conservation and water quality programs and projects. One major program is the long-term replacement of turf medians. Council will be asked to give informal direction on landscape approaches. We'll also get a chance to recognize some of the work done by Sage Hill HS for better environmental stewardship. 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, Carol Jacobs, Interim Assistant City Manager. 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). City Council Meeting September 22, 2015 Page 2 B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property Address: Balboa Theater, 707-709 East Balboa Boulevard, Newport Beach, CA 92661 Agency Negotiator: Dave Kiff, City Manager, Seimone Jurjis, Building Official and Lauren Wooding, Real Property Administrator Negotiating Parties: (1) The Cortland Company Brian Hopkins, President 3500 East Coast Highway Corona del Mar, CA (2) Teles Properties Dino and Hope Clarizio 12 Corporate Plaza, Suite 100 Newport Beach, CA (3) 801 Balboa LLC Camille Rizko, Manager 224 Via Eboli Newport Beach, CA (4) SaveNewport Mike Glenn Michael.Glenn@devion.com (5) Lab Holding, LLC Chris Bennett 709 Randolph Avenue Costa Mesa, CA Under Negotiation: Price and terms of payment. C. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Government Code § 54956.9(a), (d)(1)): 3 matters Ronald Chompf v. Newport-Mesa Unified School District et al. Orange County Superior Court Case No. 30-2013-00677866 Paulette Calli v. City of Newport Beach et al. Orange County Superior Court Case No. 30-20014-00752147 Woody's Group, Inc. et al. v. City of Newport Beach Orange County Superior Court Case No. 30-2013-00687091 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 John Thomas, Mariners Church 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. City Council Meeting September 22, 2015 Page 3 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, MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA Issues surrounding off-leash dogs at the mouth of the Santa Ana River (Dixon) 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. XV. CONSENT CALENDAR (ITEMS 1 - 13) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the September 8, 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. Ordinance Restricting Trucks on Ridge Park Road Introduce Ordinance 2015-28, An Ordinance of the City Council of the City of Newport Beach, California, Extending Section 12.32.022 of the Newport Beach Municipal Code Prohibiting Commercial Vehicles Over Eight Thousand (8,000) Pounds on Ridge Park Road between Newport Coast Drive and Vista Ridge Road. C. RESOLUTIONS) FOR ADOPTION 4. Proposed Assessment District No. 117 - Area Bounded by Bayside Drive, Avocado Avenue, Coast Hwy & Carnation. a) Adopt Resolution No. 2015-78, A Resolution of the City Council of the City of Newport Beach, California, Approving the Assessment Engineer's Report and Fixing the Time and Place of the Public Hearing for Assessment District No. 117; City Council Meeting September 22, 2015 Page 4 b) Adopt Resolution No. 2015-79, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to take Proceedings Pursuant to the Municipal Improvement Act of 1913 and to Issue Bonds Pursuant to the Improvement Bond Act of 1915, and Make Certain Findings and Determinations in Connection therewith, all Relating to the Formation of Assessment District No. 117; and c) Per City Council Policy L-28 (Assessment Ballot Guidelines), determine that the City will not participate in the voting process for the City Old School and Begonia Park properties by neither voting for nor against the assessment. D. CONTRACTS AND AGREEMENTS 5. Bonita Creek Park Synthetic Field Turf Replacement - Notice of Completion and Acceptance of Contract No. 5856(A) (ISP12/CAP09-0066) 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 acceptance by the City Council. 6. Bonita Creek Park Synthetic Turf Replacement Project - Notice of Completion and Acceptance of Contract No. 6066 (CAP09-0066) 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 acceptance by the City Council. 7. Grand Canal Emergency Sand Maintenance Work -Award of Contract No. 6274 a) Approve the project specifications and drawings; b) Award Contract No. 6274 to Metro Builders & Engineers Group, Ltd for the total bid price of$246,500.00, and authorize the Mayor and the City Clerk to execute the Contract; and c) Establish an amount of $24,500.00 (10%) to cover the cost of unforeseen work not included in the original contract scope of work. 8. Request to Install Private Improvements (Alley Extension) within the Existing Alley Right-of-Way Adjacent to 404 Heliotrope Avenue (N2015-0439) a) Waive City Council Policy L-6, Private Encroachments in Public Rights-of-Way, to allow the Owner to extend the alley 15 feet in length using caissons and appurtenances, contingent upon all conditions of the Encroachment Permit process being met; and b) 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. 9. Lease Agreement between the City of Newport Beach and Credit Union of Southern California, Authorizing the Lease of Retail Space in the Central Library at the Civic Center Located at 1000 Avocado Avenue a) Find that the execution of the Lease Agreement is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines; and b) Approve and authorize the Mayor and City Clerk to execute a five-year lease agreement with Credit Union of Southern California, in substantially the same form as the attachment to the staff report. City Council Meeting September 22, 2015 Page 5 10. Temporary Employment Agreement - Planner Authorize the City Manager to execute the Temporary Employment Agreement with retired employee Kay Sims to temporarily fill the position of a planner. 11. Agreement with County of Orange for Collection of Special Taxes, Fees, Charges and Assessments ("Agreement") a) City Council approve the Agreement with the County of Orange; and b) Authorize the Mayor and City Clerk to execute the Agreement. 12. Printing and Release of Tentative Agreement with the Newport Beach Police Management Association Receive and file. E. MISCELLANEOUS 13. Planning Commission Agenda for the September 17, 2015 Meetings Receive and file. 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) 14. Woody's Wharf Use Permit Amendment located at 2318 Newport Boulevard (PA2015-158) a) Conduct a public hearing; b) Waive the Conditional Use Permit filing fee; c) Find the project 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) and; d) Adopt Resolution No. 2015-75, A Resolution of the City Council of the City of Newport Beach, California, Approving an Amendment to Conditional Use Permit No. Up2011-010 (and Re-Number as UP2015-037) to Modify Opening Hours and Closing Hours; Design and Operational Conditions of Approval Related to the Outdoor Dining Area Patio; Days Patron Dancing is Allowed; Use of the Easterly Outdoor Patio; and Modifying Operational Conditions of Approval at an Existing Eating and Drinking Establishment Located at 2318 Newport Boulevard (PA2015-158). 15. Approval of Master Fee Schedule and Change in Subsidies a) Conduct a public hearing; b) Adopt Resolution No. 2015-76, A Resolution of the City Council of the City of Newport Beach, California, Amending the City's Master Fee Schedule; c) Introduce Ordinance No. 2015-29, An Ordinance of the City Council of the City of Newport Beach, California, Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery, and pass to second reading on October 13, 2015; d) Adopt Resolution No. 2015-77, A Resolution of the City Council of the City of Newport Beach, California, Approving Paramedic Service Charges Pursuant to Chapter 5.60 of the Newport Beach Municipal Code; and City Council Meeting September 22, 2015 Page 6 e) Introduce Ordinance No. 2015-30, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 5.60 of the Newport Beach Municipal Code (Paramedic Service User Fees)to allow City Manager discretion to waive EMS fees and charges, and pass to second reading on October 13, 2015. XX. CURRENT BUSINESS 16. Approval of Agreement with Spectrum Facility Maintenance for Sidewalk Steam Cleaning Services Approve the agreement with Quality Commercial Cleaning, Inc., dba Spectrum Facility Maintenance for a term of five years for a not to exceed amount of$1,150,000, and authorize the Mayor and City Clerk to execute the agreement. 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.