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HomeMy WebLinkAbout0 - Agenda CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING JANUARY 12, 2016 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 3 :30 P.M./CLOSED SESSION - AFTER STUDY SESSION/ 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 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 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 wh en 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 needs 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 JANUARY 12, 2016 STUDY SESSION - 3:30 PM/CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM I. ROLL CALL – 3:30 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar (3:30 p.m.) SS2. 2015 Junior Lifeguard of the Year (3:35 p.m.) A presentation to Aaron Clark, Newport Beach Junior Lifeguard of the Year. SS3. Towing Fees, Towing Services (3:40 p.m.) Staff will recap a recent fee study associated with Police-directed tows, a similar review of the current municipal code provisions relating to towing companies, as well as an update on a recent Request for Proposals (RFP) for towing. SS4. LED Streetlights (4:30 p.m.) Staff will present a proposal with The Energy Network that would change-out high-intensity discharge (HID) luminaires in our more than 3,200 city-owned streetlights to LED (Light- Emitting Diode) luminaires. 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 age nda 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, Assistant City Manager, and Barbara Salvini, Human Resources Director. Employee Organizations: Newport Beach Employees League (NBEL). B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957 (b)(1)) Title: Dave Kiff, City Manager Aaron C. Harp, City Attorney Leilani Brown, City Clerk City Council Meeting January 12, 2016 Page 2 C. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6) Agency Designated Representative: Council Member Tony Petros Unrepresented Employees: Dave Kiff, City Manager, Aaron C. Harp, City Attorney, and Leilani Brown, City Clerk D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 1 Newport Pier, Newport Beach, California Agency Negotiator: Lauren Wooding and Seimone Jurjis Negotiating Parties: Blue Water Grill, Cube Restaurants, Machani Group Under Negotiation: Instruct negotiator as to price and terms of payment. E. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION (Government Code § 54956.9(d)(2) and (e)(1)): 2 matters F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a), (d)(1)): 1 matter Banning Ranch Conservancy, et al. v. City of Newport Beach, et al. Orange County Superior Court, Case No. 30-2012-00593557 California Court of Appeal, 4th District, Division 3, Case No. G049691 California Supreme Court, Case No. S227473 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 – Reverend Canon Cindy Evans Voorhees, St. James the Great Episcopal 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) City Council Meeting January 12, 2016 Page 3 XVIII. PUBLIC HEARINGS (Pursuant to City Council Policy A-6, Items 16, 17 & 18 are being taken out of order) 16. Proposed Assessment District No. 111 - Area Bounded by 31st Street, Ocean Front, 23rd Street and Newport Boulevard a) Open public hearing on the formation of Assessment District No. 111; b) Hear public testimony from those who desire to speak; c) Close the public hearing; d) Count ballots; and e) If there is greater than or equal to 50% of weighted “Yes” votes versus “No” votes submitted, a majority protest by ballot procedure does not exist and the District may be formed. If it is desired to form the District, take the following actions: i) Adopt Resolution No. 2016-5, A 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. 111 , 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. 111; and ii) Approve Budget Amendment No. 16BA-022 authorizing an advance from the General Fund in the amount of $ 269,030 to Assessment District No. 111 and appropriating $130,000 to Account No. 66002-941027 for electrical utility design by SCE, $39,030 to Account No. 66002-941005 for phone system design by AT&T and $100,000 to Account No. 66002-941006 for assessment engineering services; and transferring expenses from Account No. 65002-941006 to 66002-941006 in the amount of $36,223.75 for assessment engineering services paid to date. Funds remaining in this fiscal year will be carried forward to future annual budgets per Council Policy F-3; OR f) If desired not to form the District, adopt Resolution No. 2016-5, 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. 111. 17. Proposed Assessment District No. 116 - Area Bounded by Channel, East of River Ave / 38th St / Balboa Blvd and 44th St a) Open public hearing on the formation of Assessment District No. 116; b) Hear public testimony from those who desire to speak; c) Close the public hearing; d) Count ballots; and e) If there is greater than or equal to 50% of weighted “Yes” votes versus “No” votes submitted, a majority protest by ballot procedure does not exist and the District may be formed. If it is desired to form the District, take the following actions: i) Adopt Resolution No. 2016-6, A 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. 116, 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. 116; and ii) Approve Budget Amendment No. 16BA-023 authorizing an advance from the General Fund in the amount of $141,270 to Assessment District No. 116 and appropriating $85,000 to Account No. 65902-941027 for electrical utility design by SCE, $21,270 to Account No. 65902-941005 for phone system design by AT&T and an additional $35,000 to Account No. 65902-941006 for assessment engineering services; and transferring expenses from Account No. 65002-941006 to 65902-941006 in the amount of $36,255.00 for assessment engineering services paid to date. Funds remaining in this fiscal year will be carried forward to future annual budgets per Council Policy F-3; OR City Council Meeting January 12, 2016 Page 4 f) If desired not to form the District, adopt Resolution No. 2016-6, 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.116. 18. Proposed Assessment District No. 116B - Area Bounded by Balboa Blvd / Neptune Ave / 47th St / 45th St / Channel Rd a) Open public hearing on the formation of Assessment District No. 116B; b) Hear public testimony from those who desire to speak; c) Close the public hearing; d) Count ballots; and e) If there is greater than or equal to 50% of weighted “Yes” votes versus “No” votes submitted, a majority protest by ballot procedure does not exist and the District may be formed. If it is desired to form the District, take the following actions: i) Adopt Resolution No. 2016-7, A 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. 116B , 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. 116B; and ii) Approve Budget Amendment No. 16BA-024 authorizing an advance from the General Fund in the amount of $105,560 to Assessment District No. 116B and appropriating $35,000 to Account No. 66102-941027 for electrical utility design by SCE, $10,560 to Account No. 66102-941005 for phone system design by AT&T and $60,000 to Account No. 66102-941006 for assessment engineering services; and transferring expenses from Account No. 65002-941006 to 66102-941006 up to $25,000 for assessment engineering services contracted to date. Funds remaining in this fiscal year will be carried forward to future annual budgets per Council Policy F-3; OR f) If desired not to form the District, adopt Resolution No. 2016-7, 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.116B. 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 - 15). 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 READING OF MINUTES AND ORDINANCES 1. Minutes for the December 8, 2015 Regular Meeting Waive reading of subject minutes, approve as written, and order filed. City Council Meeting January 12, 2016 Page 5 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. ORDINANCE FOR INTRODUCTION 3. Water Efficient Landscape Ordinance Amendment (NBMC Chapter 14.17) a) Find that the adoption of Code Amendment No. CA2015-001 is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15307, Class 7 (Actions by Regulatory Agencies for the Protection of Natural Resources); and b) Introduce Ordinance No. 2015-34, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 14.17 of Title 14 of the Newport Beach Municipal Code in its Entirety Pertaining to Regulations Required for Water Efficient Landscaping (PA2015- 169), and pass to second reading on January 26, 2016. RESOLUTIONS FOR ADOPTION 4. Resolution Updating the List of Designated Employees for 2016 Under the City’s Conflict of Interest Code Adopt Resolution No. 2016-1, A Resolution of the City Council of the City of Newport Beach, California, Adopting an Updated Designated Employees List for 2016. 5. City Council Policy F-9 (City Vehicle/Equipment Replacement Guidelines) Continue the item to a future City Council meeting. 6. Adoption of Memoranda of Understanding with the Newport Beach City Employees Association and the Newport Beach Professional and Technical Employees Association a) Adopt Resolution No. 2016-3, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Memorandum of Understanding between the City of Newport Beach and the Newport Beach City Employees Association for the Period July 1, 2015 through December 31, 2018; and b) Adopt Resolution No. 2016-4, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Memorandum of Understanding between the City of Newport Beach and the Newport Beach Professional and Technical Employees Association for the Period July 1, 2015 through December 31, 2018. CONTRACTS AND AGREEMENTS 7. Grand Canal Emergency Sand Maintenance Work – Notice of Completion and Acceptance of Contract No. 6274 (16H15) 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. Professional Service Agreement with PlaceWorks for Environmental Services for the Proposed 180-Room Hotel Project Located at 4311 Jamboree Road (PA2015-208) Approve the Professional Services Agreement and authorize the Mayor and City Clerk to execute the agreement. 9. City-Wide LED Streetlight Retrofit Authorize the City Manager to execute the SCE incentive application, OBF application, OBF agreement and other documents related to the application process with SCE for the City-Wide LED Streetlight Retrofit. City Council Meeting January 12, 2016 Page 6 10. Tentative Agreement with the Newport Beach Firefighters Association Receive and file the Tentative Agreement between the City of Newport Beach and the Newport Beach Firefighter’s Association. 11. Tentative Agreement with the Newport Beach Fire Management Association Receive and file the Tentative Agreement between the City of Newport Beach and the Newport Beach Fire Management Association. MISCELLANEOUS 12. Annual Mayoral Appointments Confirm Mayor Diane B. Dixon's appointments under City Council Policy A -9, as provided in the staff report. 13. Code Amendment Initiation for Properties Located at 3008, 3010, and 3012 Balboa Boulevard Initiate an amendment to Zoning Code Setback Map. No S-2B that specifies five feet as the required front yard setback for 3008, 3010, and 3012 Balboa Boulevard. 14. Request to Waive City Council Policy A-5, Fund Raising/Contracts by City Boards, Commissions, or Committees Staff requests that City Council waives Council Policy A-5, Fund Raising/Contracts by City Boards, Commissions, or Committees, and allow the City Arts Commission to independently raise and collect funds on behalf of itself for arts programming and projects in the City of Newport Beach. 15. Budget Amendment to Accept a Check in the Amount of $22,805 from the California State Library for Literacy Services (CLLS) and Appropriate Funds to the Library’s Fiscal Year 2015/2016 Maintenance and Operation Budget Approve Budget Amendment No. 16BA-021 to increase revenue estimates by $22,805 in account 01060005-431070 (California Literacy Campaign) and to increase expenditure estimates by the same amount in Division 01060604-711003 (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. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVIII. CURRENT BUSINESS 19. Appointment of Jay Johnson as Interim Police Chief a) Adopt Resolution No. 2016-8, A Resolution of the City Council of the City of Newport Beach, California, Confirming Appointment of Jay R. Johnson as Interim Police Chief in Accordance with Government Code Section 21221(h) (effective January 13, 2016), and Certifying the Exception to the 180 Day Wait Period Under Government Code Section 7522.56(f)(4), and certifying that the position of Police Chief is a critical position within the City structure; and b) Authorize the City Manager to execute the proposed Post Retirement Temporary Employment Agreement with Jay Johnson. City Council Meeting January 12, 2016 Page 7 20. Harbor Commission 2016 Objectives Approve the Harbor Commission’s 2016 objectives. XX. 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. XXI. ADJOURNMENT – In memory of Captain Tim Newman, Newport Beach Police Department (Retired); and Robert Earl Johnson, Sr. Testimony given before the City Council is recorded. 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