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HomeMy WebLinkAbout0 - AgendaSUPPLEMENTAL AGENDA (ADDED ITEM S18) CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING NOVEMBER 10, 2015 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 5:45 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 - 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 addre ssing 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 t he 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: 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 atte ndee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in eve ry reasonable manner. Please contact Leilani Brown, City Clerk, prior to the meeting to inform us of your particular n eeds 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 NOVEMBER 10, 2015 STUDY SESSION - 5:45 PM/CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM I. ROLL CALL - 5:45 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar (5:45 p.m.) SS2. Jordan Kessler, Mater Dei student, will read her winning essay, "Voice of Democracy" (5:50 p.m.) 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957 (b)(1)) Title: Dave Kiff, City Manager Aaron C. Harp, City Attorney Leilani Brown, City Clerk B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City Manager, Terri Cassidy, Deputy City Manager, Barbara Salvini, Human Resources Director, 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). C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 1 matter City Council Meeting November 10, 2015 Page 2 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 Tricia Graves, 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. 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 - None XIV. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1-14 and S18). 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 READING OF MINUTES AND ORDINANCES 1. Minutes for the October 27, 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 November 10, 2015 Page 3 ORDINANCE FOR INTRODUCTION 3. Introduction of Ordinance No. 2015-33 Imposing An Express Ban On Marijuana Cultivation, Marijuana Processing, Marijuana Delivery, and Marijuana Dispensaries in the City Introduce Ordinance No. 2015-33, An Ordinance of the City Council of the City of Newport Beach, California, Imposing an Express Ban on Marijuana Cultivation, Marijuana Processing, Marijuana Delivery, and Marijuana Dispensaries in the City, and pass to second reading on November 24, 2015. ORDINANCES FOR ADOPTION 4. Newport Center Planned Community Amendments Second Reading of Ordinances (PA2015-109) a) Conduct second reading and adopt Ordinance No. 2015-31, An Ordinance of the City Council of the City of Newport Beach, California, Approving Planned Community Development Plan Amendment No. PD2015-001 Amending the Corporate Plaza, Corporate Plaza West, and Block 500 Planned Community District Regulations (PA2015-109); and b) Conduct second reading and adopt Ordinance No. 2015-32, An Ordinance of the City Council of the City of Newport Beach, California, Approving Planned Community Developmen t Plan Amendment No. PD2015-001 Amending the North Newport Center Planned Community Development Plan (PA2015-109). RESOLUTIONS FOR ADOPTION 5. Marina Park Parking - Establish Marina Park Parking Lots Hours, Approve the Marina Park Daily Parking Permit and Provide for Increased Annual Permit Parking at Marina Park a) Adopt Resolution No. 2015-86, A Resolution of the City Council of the City of Newport Beach, California, Amending Resolution No. 2000-38, to Establish the Hours of Operation for the Marina Park Parking Lots; b) Adopt Resolution No. 2015-87, A Resolution of the City Council of the City of Newport Beach, California, Establishing the Marina Park Daily Parking Permit; and c) Adopt Resolution No. 2015-89, A Resolution of the City Council of the City of Newport Beach, California, Amending Resolution No. 2011-109, to Provide for Annual Permit Parking at Marina Park. 6. Proposed Assessment District Nos. 111, 116 and 116B - Areas Adjacent to Balboa Boulevard between Coast Highway and 23rd Street a) Adopt Resolution No. 2015-93, A Resolution of the City Council of the City of Newport Beach, California, Preliminarily Approving the Assessment Engineer’s Report and Fixing the Time and Place of the Public Hearing for Assessment District No. 111; b) Adopt Resolution No. 2015-94, A Resolution of the City Council of the City of Newport Beach, California, Preliminarily Approving the Assessment Engineer’s Report and Fixing the Time and Place of the Public Hearing for Assessment District No. 116; c) Adopt Resolution No. 2015-95, A Resolution of the City Council of the City of Newport Beach, California, Preliminarily Approving the Assessment Engineer’s Report and Fixing the Time and Place of the Public Hearing for Assessment District No. 116B; d) Adopt Resolution No. 2015-96, 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. 111; e) Adopt Resolution No. 2015-97, 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. 116; City Council Meeting November 10, 2015 Page 4 f) Adopt Resolution No. 2015-98, 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. 116B; and g) Per City Council Policy L-28 (Assessment Ballot Guidelines), determine that the City will not participate in the AD-116B balloting process for the Channel Park property by neither voting for nor against the assessment. CONTRACTS AND AGREEMENTS 7. Back Bay View Park Maintenance – Notice of Completion and Acceptance of Contract No. 5892 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 sixty-five (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 (1) year after acceptance by the City Council. 8. Multiple Buildings Painting Project – Notice of Completion and Acceptance of Contract No. 6013 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 sixty-five (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 (1) year after acceptance by the City Council. 9. Code Enforcement Services for Water Conservation – Professional Service Agreement with JAS Pacific and Approval of a Budget Amendment a) Find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) of the CEQA Guidelines; b) Approve and authorize the Mayor and City Clerk to execute a Professional Services Agreement with Jason Addison Smith Consulting, Inc., dba JAS Pacific for a not to exceed limit of $271,700; and c) Approve Budget Amendment No. 16BA-011, increasing Municipal Operations Department expenditures by $268,247 in Fiscal Year 2015/16. S18. Contract Updates: Police Chief Jay Johnson and Fire Chief Scott Poster Authorize the City Manager to execute the first amended and restated contracts for the Fire Chief and Police Chief. MISCELLANEOUS 10. Planning Commission Agenda for the November 5, 2015 Meeting Receive and file. 11. Water Conservation Update Receive and file. 12. Kindness Initiative/Support of Volunteerism and Community Service Authorize the creation of a “Volunteer Opportunities” landing page on the City website to serve as a Kindness Initiative resource for the community. City Council Meeting November 10, 2015 Page 5 13. Response to Orange County Grand Jury: “The Mental Illness Revolving Door: A Problem for Police, Hospitals, and the Health Care Agency” Authorize the Mayor to send a response to the Presiding Judge of the Superior Court. 14. Appointment of a New Finance Committee Member to Fill an Unscheduled Vacancy Confirm Council Member Scott Peotter’s appointment of Patti Gorczyca to fill the unexpired balance of Bill McCullough’s term on the Finance Committee. 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 15. Local Coastal Program Implementation Plan a) Conduct a public hearing; b) Find that approval of the LCP Implementation Plan is statutorily exempt from California Environmental Quality Act (CEQA) pursuant to Section 15265(a) (1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act; and c) Adopt Resolution No. 2015-99, A Resolution of the City Council of the City of Newport Beach, California, Approving the Local Coastal Program Implementation Plan (PA2013-001), and authorizing the submittal of applications to the California Coastal Commission for review and approval. XX. CURRENT BUSINESS 16. Appointment of New City Arts Commissioner to Fill an Unscheduled Vacancy Appoint Michael Kerr or Jennifer Van Bergh to fill the unexpired balance of Charles Ware’s term on the City Arts Commission. 17. Appointment to the Visit Newport Beach, Inc. Executive Committee Appoint Dennis O’Neil or Douglas Wood to fill the member position on the VNB Executive Committee with an effective appointment date of December 14, 2015, for the sole purpose of calculating the start date of the four year term. 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.