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HomeMy WebLinkAbout0 - AgendaAMENDED (Placement of Item 20 and Added an Item to XIII.) CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING AUGUST 11, 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 prep aration 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 prio r 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 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 AUGUST 11, 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. Presentation to Steve Bender and Others Regarding the Host Town Efforts for the 2015 Special Olympics World Games (4:05 p.m.) SS3. American Academy of Hospitality Science and Star Diamond Award (4:10 p.m.) SS4. Annual Presentation by Visit Newport Beach/Newport Beach and Company (4:20 p.m.) Gary Sherwin of Newport Beach’s destination marketing organization (Visit Newport Beach) and its parent organization, Newport Beach and Company, will make his annual presentation to the Council and community about activities past and future for VNB and NB&Co. SS5. Tree Policies: Proposed Revisions to City Council Policies G-1 (Retention or Removal of City Trees) and G-6 (Maintenance and Planting of Parkway Trees) (4:45 p.m.) The Parks, Beaches, and Recreation Commission (PB&R) has completed its review of the city’s two major Council policies that affect trees. G-1 involves how trees are removed, and G-6 involves options for parkway trees. Staff welcomes the Council’s input on PB&R’s recommendations before bringing these back for Council's consideration later. 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, 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). City Council Meeting August 11, 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 Eric Heard, Mariners Church XX. CURRENT BUSINESS (ITEM 20) (Item taken out of order at the request of the Mayor, pursuant to Council Policy A-6) 20. City Council Consideration of a Waiver of Council Policy A-6 which, if Approved, will Allow the City Council to Consider a Resolution of the City Council of the City of Newport Beach Censuring Council Member Scott Peotter and Disapproving of Comments Made by Council Member Peotter Related to Same-Sex Marriage in a Manner which Appeared to be the Official Position of the City of Newport Beach and Allow the City Council to Consider Referring Council Member Peotter to the Office of the District Attorney for the Alleged Improper Use of the Official Seal of the City of Newport Beach Consider waiving City Council Policy A-6 and, if waived: (1) consider adoption of a Resolution of the City Council of Newport Beach censuring Council Member Scott Peotter and disapproving comments made by Council Member Peotter related to same-sex marriage; and/or (2) consider referring Council Member Peotter to the Office of the District Attorney for investigation/ prosecution related to the alleged improper use of the official seal of the City. If the City Council decides not to waive Council Policy A -6, the City Council should consider whether the City Council wishes to examine, at a future meeting of the City Council: (1) the adoption of a Resolution of the City Council censuring Council Member Peotter and disapproving comments made by Council Member Peotter related to same-sex marriage; and/or (2) the referral of Council Member Peotter to the Office of the District Attorney for investigation/prosecution related to the alleged improper use of the official seal of the City. 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  Shall the City Council discuss whether to pursue a Kindness Initiative as the City of Anaheim did (Curry)?  Shall the City Council consider providing financial or other support, such as transit services, to accommodate the Sister Cities delegation from Antibes, France, in October 2015 (Curry)? City Council Meeting August 11, 2015 Page 3  Shall the City Council waive Council Policy A-6 (c)(3) so that the City Council can consider the waiver of all privileges and any applicable exemptions under the Public Records Act to allow for the production of any and all confidential documents the City may possess that relate in any way to the newspaper articles concerning former Assistant City Manager Steve Badum at the City Council Meeting on September 8, 2015 (Muldoon)? 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 July 28, 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. RESOLUTION(S) FOR ADOPTION 3. Resolution No. 2015-64: Adopting a Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards Adopt Resolution No. 2015-64, 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 Association of Newport Beach Ocean Lifeguards for the period July 1, 2014 through June 30, 2017. 4. Approve Resolution No. 2015-65: Amending Resolution No. 2013-10, the Key & Management Compensation Plan Approve Resolution No. 2015-65, A Resolution of the City Council of the City of Newport Beach, California, Amending the Key & Management Compensation Plan, as follows: a) Retitle the Deputy Community Development Director to Deputy Community Development Director/Planning and set salary at $11,098.53 - $13,488.80 per month; b) Allocate the Building Manager/Chief Building Official within the Administrative Management subgroup (Deputy Director) with the title Deputy Community Development Director/Building and a salary of $11,098.53 - $13,488.80 per month; and c) Establish a policy to align cost-of-living adjustments and pension contributions for public safety chiefs (including Chiefs/Assistant Chiefs) equal to the adjustment and pension contributions of employees in the safety management bargaining units within their respective department. City Council Meeting August 11, 2015 Page 4 5. Summary Vacation of Street Right-of-Way at 914 East Ocean Front a) Adopt Resolution No. 2015-66, A Resolution of the City Council of the City of Newport Beach, California, Ordering the Summary Vacation and Abandonment of Street Right-of- Way (East Ocean Front) Adjacent to and Contiguous with 914 East Ocean Front (Lot 22, Block 14 of the Balboa Tract); and Directing the City Clerk to Record Same with the County Recorder's Office; b) Direct staff to process the summary vacation of said right-of-way; and c) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. C. CONTRACTS AND AGREEMENTS 6. Bike Lane Improvement Project - Notice of Completion and Acceptance of Contract No. 5653 (CAP14-0035) 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. Sidewalk, Curb & Gutter Replacement 2014-2015 Project - Notice of Completion and Acceptance of Contract No. 5884 (CAP15-0012) 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. 8. School Resource Officer Program Agreement Approve the Agreement between the City of Newport Beach and the Newport-Mesa Unified School District to participate in the School Resource Officer Program ("Agreement"), and authorize the Mayor to execute the Agreement on behalf of the City. 9. Newport Beach & Company 2015/2016 Marketing Plan Addendum and Budget and the Newport Beach Tourism Business Improvement District Fiscal Year 2015-2016 Annual Report and Budget a) Receive and file VNB’s 2015/2016 Biennial Marketing Plan Addendum; b) Review, approve and/or modify VNB’s FY 2015-2016 budget; c) Review, approve and/or modify the FY 2015-2016 NBTBID’s Annual Report; and d) Review, approve and/or modify the NBTBID’s FY 2015-2016 budget. E. MISCELLANEOUS 10. Planning Commission Agenda for the August 6, 2015 Meeting Receive and file. 11. Confirmation of Nominees to the Board of Library Trustees Confirm the nominations made by the Ad Hoc Appointments Committee to the Board of Library Trustees: Board of Library Trustees [2 vacancies/minimum 4 nominees] Gloria Alkire Jill Johnson-Tucker (incumbent) Janet Ray David Sheffner City Council Meeting August 11, 2015 Page 5 12. Budget Amendment to Accept a Check for $11,364.00 from the Newport Beach Public Library Foundation and Appropriate Funds to the Library’s Fiscal Year 2015/2016 Maintenance and Operation Budget Approve Budget Amendment No. 16BA-004 to increase revenue estimates by $11,364.00 in Account 016051-0000-511085 (Library Foundation Donations) and to increase expenditure estimates amounts in Division 0106051 (Library Foundation Donations) and Division 01060604 (Literacy). 13. Acceptance of 2015/2016 State of California, Office of Traffic Safety DUI Enforcement, Awareness, and Traffic Safety Programs Grant #PT1631 a) Authorize the City Council to accept a $363,740 Selective Traffic Enforcement Program (“STEP”) award granted to the Newport Beach Police Department by the OTS per Council Policies F-3 and F-25. Therefore, to comply with Council Policy F-3, City Council must formally accept the award of $363,740 and create a new appropriation to expend the money; and b) Approve Budget Amendment No. 16BA-003 increasing Police revenue estimates and expenditure appropriations by $363,740. 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. Landscape Maintenance Code Amendments a) Conduct a public hearing; b) Find the project to be categorically exempt pursuant to Title 14, Chapter 3 (Guidelines for the California Environmental Quality Act) of the California Code of Regulations under Class 7. Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment; c) Introduce Ordinance No. 2015-25, An Ordinance of the City Council of the City of Newport Beach, California, Approving Code Amendment No. CA 2015-007 and Amending Section 10.50.020 (Nuisance) of the Newport Beach Municipal Code (PA2015-108), and pass to second reading on September 8, 2015; and d) Introduce Ordinance No. 2015-26, An Ordinance of the City Council of the City of Newport Beach, California, Approving Code Amendment No. CA2015-007 and Amending Section 20.36.050 (General Landscape Standards of the Newport Beach Municipal Code) (PA2015- 108), and pass to second reading on September 8, 2015. XX. CURRENT BUSINESS 15. Amendment to Newport Beach Municipal Code Section 1.16.050 (Use of the Official Seal) a) Select the appropriate revision to NBMC Section 1.16.050, as outlined in Exhibit 1 of the staff report, or another revision deemed appropriate by the City Council; and City Council Meeting August 11, 2015 Page 6 b) Introduce Ordinance No. 2015-27, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Section 1.16.050 Regarding the Use of the Official Seal of the City of Newport Beach, and pass to second reading on September 8, 2015. 16. Review of City Council Policy A-12 (Discretionary Grants) Review City Council Policy A-12 and provide direction to staff. 17. Fiscal Year 2015-2016 Special Event Support Funding Recommendations a) Approve the amended Special Event Support recommendations for Fiscal Year 2015-2016; b) Authorize staff to execute grant agreements with each Signature Event organizer; c) Approve the transfer of $35,000 from 0110-8250 to 0340-8250; d) Approve waiving the Special Event Permit Fees and any City site rental fees for the Art in the Park event and the Bunnies & Books Kids Festival; e) Approve changes to the FY 2016-2017 Special Event Program as detailed in the staff report; f) Approve a one-time waiver of the eligibility requirements and a $15,000 Signature Event grant for the Newport Beach Wine & Food Festival; g) Authorize staff to proceed with providing up to $20,000 in City support for the Balboa Island Centennial, to be drawn from the City Council’s approved budget allocations (no net budget change); and h) Authorize staff to proceed with providing up to $7,500 in City support for the Balboa Village Merchants Association, to be drawn from the approved budget allocations for Economic Development (no net budget change). 18. Approval of a Transfer Agreement for the 2014 Homeland Security Grant Authorize the Fire Chief to act as the "Authorized Agent" to execute for, and on behalf of, the City any actions necessary to implement the Transfer Agreement and obtain training material and equipment provided by the California Office of Emergency Services and the State Homeland Security Grant Program (SHSGP) through the Orange County Sheriff-Coroner’s Department. 19. Amend Resolution No. 84-38 Regarding the Vacation of Ticonderoga Street a) Adopt Resolution No. 2015-67, A Resolution of the City Council of the City of Newport Beach, California, Amending Resolution No. 84-38 Regarding the Vacation of Ticonderoga Street and Directing the City Clerk to Record the Resolution with the Orange County Recorder; and b) Authorize the City Manager to execute an amendment to the agreement for Ticonderoga Street dated September 19, 1984 between the City and the Newport Crest Homeowners Association consistent with Resolution No. 2015-67. 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.