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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING June 9, 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, 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 citvclerk(&newoortbeachca.00v). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH June 9, 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. Technology Update (4:35 p.m.) Staff will summarize for the public and Council some of the more recent updates to technology available to residents, businesses, and others at the City — such as MyNB, electronic plan submittals, calls for service in neighborhoods, Nixle, and more. SS3. Waste Water Rate Study (5:00 p.m.) The City has recently hired an outside expert to take a look at the rate structure and capital demands of the long -term wastewater fund. Staff will go over aspects of the report with the City Council and community. If the rate structure continues as is without any change, eventually the wastewater reserve fund will be depleted. 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 and Terri Cassidy, Deputy City Manager; 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 V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING City Council Meeting June 9, 2015 Page 2 VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE X. INVOCATION — Reverend Sian, Orange Coast Unitarian Universalist Church 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. M 1:119 1:19 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 ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) 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. CONSENT CALENDAR (ITEMS 1 - 20) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the May 26, 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 Franchise with Genesis Dispatch, Inc. a) Adopt Resolution No. 2015 -45, 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 Genesis Dispatch Inc., a California Corporation; City Council Meeting June 9, 2015 Page 3 b) Direct the City Clerk to publish Resolution No. 2015 -45 within 15 days of its adoption, and c) Introduce 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, and pass to second reading on June 23, 2015. C. ORDINANCE(S) FOR ADOPTION 4. Second Reading of Ordinance No. 2015 -13, Regulating and Limiting Vessels Propelled by Water Above the Surface of Newport Harbor 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. 5. Adoption of Newport Beach Municipal Code Chapter 14.16 (Water Conservation and Supply Level Regulation) Conduct a second reading and adopt Ordinance No. 2015 -14, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 14.16 of the Newport Beach Municipal Code Pertaining to Water Conservation and Supply Level Regulations. 6. Minor Amendments to the Newport Beach Zoning Code Ordinance — Second Reading (PA2015 -056) Conduct a second reading and adopt Ordinance No. 2015 -15, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to Correct Unintended Changes to Zoning Regulations that were Created with the Comprehensive Update in 2010 (PA2015 -056) (Staff Report Attachment No. CC1). D. RESOLUTION(S) FOR ADOPTION 7. Amendments to City Council Policy A -6 (Open Meeting Policies) Adopt Resolution No. 2015 -46, A Resolution of the City Council of the City of Newport Beach, California, Adopting Amended City Council Policy A -6. 8. Changes to the Fiscal Sustainability Plan and Council Policy F -28, Facilities Financial Planning Program a) Adopt Resolution No. 2015 -47, A Resolution of the City Council of the City of Newport Beach, California, Amending the Fiscal Sustainability Plan for Newport Beach City Government; and b) Adopt Resolution No. 2015 -48, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy F -28 Regarding the Facilities Financial Planning Program. 9. Petition Certification and Request for Funding for Proposed Underground Assessment District No. 117 (Area Bounded by: Bayside Drive, Avocado Avenue, Coast Highway, and Carnation Avenue) a) Adopt Resolution No. 2015 -49, A Resolution of the City Council of the City of Newport Beach, California, Accepting Petition of Assessment District No. 117; and b) Approve Budget Amendment No. 15BA -050 authorizing an advance from the General Fund in the amount of $450,000 to Assessment District No. 117 and appropriate $270,000 to Account No. 74117 -9810 for electrical utility design by SCE, $30,000 to Account No. 74117 -9811 for phone system design by AT &T and $150,000 to Account No. 74117 -9812 for assessment engineering services. Funds remaining in this fiscal year will be carried forward to FY 16 per Council Policy F -3. City Council Meeting June 9, 2015 Page 4 10. Resolution No. 2015 -50: Adopting a Memorandum of Understanding with the Newport Beach Lifeguard Management Association and Approving Salary Range Adopt Resolution No. 2015 -50, A Resolution of the City Council of the City of Newport Beach Adopting a Memorandum of Understanding between the City of Newport Beach and the Newport Beach Lifeguard Management Association and Adjusting the Salary Range for Assistant Chief, Lifeguard Operations, for the period July 1, 2014 through December 31, 2017 (Staff Report Attachment A). E. CONTRACTS AND AGREEMENTS 11. Multiple Back -Up Generators Replacement Project —Award of Contract C -6011 (CAP15- 0042) a) Approve the project specifications and drawings; b) Award Contract No. 6011 to Day's Generator Service, Inc. for the total bid price of $511,259.00, and authorize the Mayor and City Clerk to execute the Contract; and c) Establish an amount of $51,241.00 (approximately 10 %) to cover the cost of unforeseen work not included in the original contract. 12. Approve Amendment No. One to the Cooperative Agreement Between the County of Orange and the City of Newport Beach for Mooring Management Services in Newport Harbor for Six Months, and Direct Staff to Issue an RFP for Mooring Management Services a) Approve a six month extension to the Cooperative Agreement between the County of Orange and the City of Newport Beach for Mooring Management Services in Newport Harbor for $158,050.00; and b) Direct staff to issue an RFP to both private and public entities for mooring management services, and to return to the City Council with a recommended path forward. 13. Professional Services Agreement to Prepare a Multi- Jurisdictional Analysis of Impediments to Fair Housing Choice and a Five -Year Housing Action Plan Approve the Professional Services Agreement, and authorize the Mayor and City Clerk to execute the agreement. 14. Professional Services Agreement with Schmitz & Associates, Inc. for Consulting and Advocacy Services for the Certification of the City's Local Coastal Program (PA2013 -001) Approve the Professional Services Agreement (Staff Report Attachment No. CC 1), and authorize the Mayor and City Clerk to execute the agreement. 15. Approve Amendment No. One to Professional Services Agreement for Grease Control Device Inspection Program Approve the Amendment No. One to the Professional Services Agreement with Environmental Compliance Inspection Services for grease control inspection device program to increase the compensation by $123,800.00, and authorize the Mayor and City Clerk to execute the agreement. F. MISCELLANEOUS 16. Initiate a Zoning Code Amendment to Modify Landscape Regulations a) Find this action is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15262 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and b) Initiate an amendment to Title 20 of the Municipal Code to modify the General Landscape Standards in respect to maintenance requirements during drought conditions. City Council Meeting June 9, 2015 Page 5 17. Annual Measure M Fund Eligibility Requirements a) Adopt the Measure M Seven -Year CIP; b) Adopt Resolution No. 2015 -52, A Resolution of the City Council of the City of Newport Beach, California, Concerning the Status of the Circulation Element and Mitigation Fee Program for the Measure M (M2) Program, affirming that the City's Circulation Element is in conformance with the Regional Master Plan of Arterial Highways, and reaffirming that Council concurs with the existing Mitigation Fee Program; and c) Direct staff to submit all necessary material to OCTA to satisfy the Measure M annual eligibility requirements. 18. Acceptance of Grant Funding for the Community Paramedicine Pilot Project a) Accept the grant funding in the amount of $50,685 to be utilized for staff training; and b) Approve Budget Amendment No. 15BA -048 to accept grant funds from the Hoag Memorial Hospital Presbyterian Community Benefit Program, increase revenue estimates by $50,685 in account 2340 -5066, and increase expenditure appropriations by $50,685 in account 2340 - 82007. 19. Donation of Art to the City of Newport Beach The City Arts Commission recommends that City Council approve the acceptance of two paintings into the City Art inventory. 20. Board and Commission Scheduled Vacancies - Confirmation of Nominees Confirm the nominations made by the Ad Hoc Appointments Committee: Board of Library Trustees [2 vacancies /minimum 4 nominees] Gloria Alkire Jill Johnson- Tucker (incumbent) William O'Neill David Sheffner Building and Fire Board of Appeals [2 vacancies /minimum 4 nominees, however only 3 applicants] James Anderson (incumbent) George Crall Khosrow (Saum) Nourmohammadi (Nour) City Arts Commission [1 vacancy /minimum 2 nominees] Arlene Greer (incumbent) Jacqueline Hahn Civil Service Board [1 vacancy /minimum 3 nominees]' 1. Roberta Fesler 2. Douglas Coulter 3. Gloria Alkire Pursuant to Charter Section 710, a list of three nominees as Members. Additionally, the Civil City Council consideration. this year's Civil Service Board appointment will come from provided by a majority of the Civil Service Board Service Board ranked the nominees (as noted above) for Harbor Commission [1 vacancy /minimum 2 nominees] William Avery (incumbent) John Drayton Parks, Beaches & Recreation Commission [2 vacancies /minimum 4 nominees] Lee Cassidy Laird Hayes (incumbent) William Hossfeld Alison Ryffel City Council Meeting June 9, 2015 Page 6 Planning Commission [3 vacancies /minimum 6 nominees] Hitta Mosesman Kory Kramer (incumbent) Jay Myers (incumbent) Debra Stevens Erik Weigand Peter Zak 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) 21. Conduct a Public Hearing and Adopt Resolution for Level Three Water Supply Shortage a) Conduct a public hearing allowing the public to be heard on whether the Resolution declaring a Level Three water supply shortage should be adopted; b) Adopt Resolution No. 2015 -51, A Resolution of the City Council of the City of Newport Beach, California, Declaring a Level Three Water Supply Shortage, setting customer usage to 75% of Base Amount (from 2013's levels) (Staff Report Attachment A); and c) Direct the City Clerk to publish Resolution No. 2015 -51 within (10) ten days of adoption of resolution. 22. Balboa Theater - Notice of Change of Intended Use and Sale, Located at 707 East Balboa Boulevard a) Conduct a public hearing; b) Find the change of the intended use and sale of the Balboa Theater building and property exempt from environmental review pursuant to Section 15312 (Surplus Government Property Sales) of the California Environmental Quality Act Guidelines, California Code of Regulations, Title 14, Chapter 3; c) Direct staff to take necessary steps to sell the property and return to the City Council with the purchase and sale agreement; d) Direct staff to complete all necessary administrative activities consistent with U.S. Department of Housing and Urban Development requirements to document the disposition of the Balboa Theater; and e) Direct staff to begin planning for future use of the proceeds from the sale of the property consistent with CDBG requirements. XX. CURRENT BUSINESS 23. Approval of Service Agreement with Alexander's Contract Services for Water Meter Reading Services Approve the Service Agreement with Alexander's Contract Services for water meter reading services for a five year term with a total amount not to exceed $1,506,600.00, and authorize the Mayor and City Clerk to sign the agreement. City Council Meeting June 9, 2015 Page 7 24. Water Main Master Plan Replacement — Award of Contract No. 4920 (CAP14 -0031) a) Approve the project drawings and specifications; b) Award Contract No. 4920 to Universal Pipeline, Inc. for the total bid price of $1,063,500.00, and authorize the Mayor and the City Clerk to execute the contract; and c) Establish an amount of $100,000.00 (9.4 %) to cover the cost of unforeseen work not included in the original contract. 25. City Insurance Renewals Approve renewal of the City's excess workers compensation and general liability coverage through CSAC -EIA of premiums not to exceed $934,877 in total premium and renewal of the City's property, earthquake and flood coverage through PEPIP of premiums not to exceed $802,911 from the Insurance Reserve Funds. It is important to note that negotiations for final premiums continue through July 1, 2015, and will meet or come in under the above initial quoted premiums. The term of the renewal is for a twelve (12) month policy period, July 1, 2015 through June 30, 2016, for excess general liability, excess workers' compensation and property insurance. Pollution liability coverage was renewed for a thirty -six (36) month policy period, July 1, 2014 through June 30, 2017. 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.