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HomeMy WebLinkAbout0 - Agenda ,WP pR� AMENDED AGENDA Ir- 0 141FOPL. CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING OCTOBER 13, 2015 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION -4:00 P.M./CLOSED SESSION -AFTER STUDY SESSION/ REGULAR MEETING -7:00 P.M. 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/Human Resource 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. 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) 6443005. The agendas, minutes and staff reports are also available on the City's website:www.newl)ortbeachca.cov/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 at7.newoortbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH OCTOBER 13, 2015 STUDY SESSION - 4:00 P.M./CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 P.M. I. ROLL CALL -4:00 o.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar (4:00 p.m.) SS2. Presentation of Plaques to Outgoing Planning Commissioner Larry Tucker and Civil Service Board Member Hugh Logan (4:05 p.m.) SS3. John Wayne Airport (JWA) Flight Dispersion Issues (4:10 p.m.) As the FAA prepares its NextGen effort nationwide, at least three departure procedures for commercial flights might be affected at John Wayne Airport. NextGen is optimizing airspace by enacting safe, efficient, and repeatable arrival and departure paths. But it can also place the lion 's share of flights over specific neighborhoods, versus fanning flights across town. SS4. Preparing the Community for an EI Nino Winter(5:00 p.m.) There are various ways that the City is preparing for a winter with more rain and higher storm surges, and there are things that residents and businesses can do, too. While we all want more rain, if it comes in large doses all at once, we all need to be prepared. SS5. Discussion City Council Policy F-9 (City Vehicle/Equipment Guidelines) (5:20 p.m.) Mayor Selich and others asked for a more detailed review of how and when we replace rolling stock - trucks, cars, engines, ambulances, and more. 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 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 October 13, 2015 Page 2 IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Interim Assistant City Manager, Terri Cassidy, Deputy City Manager, and Jonathan Holtzman; 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 REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property Address: 2331 Zenith Avenue, Newport Beach, APN 439-021- 12; 2301 Zenith Avenue, Newport Beach, APN 439-021-13; and 2332 S.E. Bristol Avenue, Newport Beach, APN 439-021-03 Agency Negotiator: Dave Kiff, City Manager, Carol Jacobs, Interim Assistant City Manager, and Lauren Whitlinger, Real Property Administrator Negotiating Parties: County of Orange, California Under Negotiation: Price and terms of payment C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a), (d)(1)): 1 matter 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 Jack West, Mariners Church Irvine City Council Meeting October 13, 2015 Page 3 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 ITEMI XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Strategies to reduce traffic conflicts on Ocean Front Walk - surreys, Segways, skateboards, electric bikes, more (Dixon) XIV. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 15). Public comments are also 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 READING OF MINUTES AND ORDINANCES 1. Minutes for the September 22, 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. City Council Meeting October 13, 2015 Page 4 ORDINANCES FOR ADOPTION 3. Ordinance Restricting Trucks on Ridge Park Road Conduct second reading and adopt 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. 4. Second Reading of Ordinance No. 2015-29 Relating to Changes in Cost of Service Subsidies and Ordinance No. 2015-30 Relating to City Manager Discretion to Waive EMS Fees and Charges a) Conduct second reading and adopt 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 b) Conduct second reading and adopt 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). RESOLUTION FOR ADOPTION 5. Adoption of Police Management Association Memorandum of Understanding Adopt Resolution No. 2015-80, A Resolution of the City Council of the City of Newport Beach, California, Adopting the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Police Management Association for the period January 1, 2015 through June 30, 2018. CONTRACTS AND AGREEMENTS 6. Approve Purchase of 14 Boats from West Coast Sailing for Marina Park Boating Program Approve Sale Source Purchase with Purchase Agreement between the City of Newport Beach (City) and West Coast Sailing (WCS) for a total of $161,213.80 which includes use tax owed to the State of California. 7. Amendment No. One to the Professional Services Agreement with Sampson Oil Company for Oil Well Management Services Authorize the Mayor and City Clerk to enter into Amendment No. One to the Professional Services Agreement with Sampson Oil Company to increase compensation for an amount not to exceed $720,000 and extend the term of the agreement for an additional 18 months. 8. Upgrade of City Microwave Radio Infrastructure -Award of Contract Award contract to Petroleum Telcom, Inc. for a total bid price of $207,793.33 and authorize the Mayor and the City Clerk to execute the contract. City Council Meeting October 13, 2015 Page 5 MISCELLANEOUS 9. Planning Commission Agenda for the October 8, 2015 Meeting Receive and file. 10. Budget Amendment to Accept a Check in the Amount of $18,000 from the California State Library for Literacy Services (CLLS) and Appropriate Funds to the Library's Fiscal Year 201512016 Maintenance and Operation Budget Approve a Budget Amendment No. 16BA-009, to increase revenue estimates by $18,000 in account 01060005-431070 (California Literacy Campaign) and to increase expenditure estimates by the same amount in Division 01060604 (Literacy Services). 11. Acceptance of Grant Funding for the Community Paramedicine Pilot Project a) Accept the grant funding in the amount of $125,000 to be utilized for data collection and reimbursement for participating health care providers; and b) Approve Budget Amendment No. 16BA-008. 12. Appointment of a New Finance Committee Member to Fill an Unscheduled Vacancy Confirm Council Member Scott Peotter's appointment of Jim Mosher to fill the unexpired balance of Bill McCullough's term on the Finance Committee. 13. City Hall and Limited Off-Site Holiday Closure (Beginning at Noon, December 24, 2015 through January 1, 2016) Approve closing City Hall and providing limited services at off-site facilities beginning Monday, December 28, through Thursday, December 31, 2016. The proposed closure does not apply to public safety and services or emergency on-call functions. 14. Urban Water Management Plan Receive and file. 15. Sewer Rate Study Results a) Review the results and proposed recommendations of the sewer rate study; b) Direct staff to send rate notices to customers in compliance with Proposition 218 and Resolution No. 2009-58, and c) Set the date of January 12, 2016, for tabulation of protests and public hearing of proposed rates pending results of protests. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR City Council Meeting October 13, 2015 Page 6 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 16. Woody's Wharf Conditional Use Permit 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). XX. CURRENT BUSINESS 17. Proposed Budget Preparation Framework Review and provide input to staff's proposed Budget Preparation Framework. 18. Underground Utility Assessment Deferral Program a) Provide Staff direction as to whether Council supports a Deferred Assessment Loan Program; and b) If Council is in support of an Underground Utility Assessment Deferral Program, provide input on the staff's recommended criteria and process outlined in Staff Report Attachment C. 19. Petition Certification for Proposed Underground Assessment District Nos. 111 (Area Bounded by: 23rd Street, West Oceanfront, 30th Street and Balboa Boulevard); and 116b (Area Bounded by: 45th Street/Channel Road, Channel Park, River Avenue/47th Street and Neptune Avenue) a) Adopt Resolution No. 2015-81, A Resolution of the City Council of the City of Newport Beach, California, Accepting Petition of Assessment District No. 111; and b) Adopt Resolution No. 2015-82, A Resolution of the City Council of the City of Newport Beach, California, Accepting Petition of Assessment District No. 116b. City Council Meeting October 13, 2015 Page 7 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.