Study Session & City Council

I. ROLL CALL - 4:00 p.m.
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar (4:00 p.m.)
Presentation of Plaques to Outgoing Planning Commissioner Larry Tucker
and Civil Service Board Member Hugh Logan (4:05 p.m.)
SS2.
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.
Insider's Guide
Correspondence
SS4. Preparing the Community for an El Niño 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.
Insider's Guide
Discussion City Council Policy F-9 (City Vehicle/Equipment Guidelines)
(5:20 p.m.)
SS5.
Mayor Selich and others asked for a more detailed review of how and when we
replace rolling stock - trucks, cars, engines, ambulances, and more.
Staff Report
Attachment A - Redlined F-9 Council Policy
Insider's Guide
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.
October 13, 2015
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City Council Meeting
IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room
CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
A.
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).
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
B.
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
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code § 54956.9(a), (d)(1)): 1 matter
C.
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
October 13, 2015
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City Council Meeting
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
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.
Minutes
Written Comments
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City
Clerk to read by title only.
October 13, 2015
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City Council Meeting
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.
Staff Report
Attachment A – Location Map
Attachment B – Ordinance
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
4.
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).
Staff Report
Attachment A - Ordinance No. 2015-29
Attachment B - Ordinance No. 2015-30
Written Comments
RESOLUTION FOR ADOPTION
Adoption of Police Management Association Memorandum of
Understanding
5.
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.
Staff Report
Attachment A - Resolution Adopting NBPMA MOU
Attachment B - NBPMA MOU 2015-18
Attachment C - NBPMA MOU Costing Chart
Written Comments
CONTRACTS AND AGREEMENTS
October 13, 2015
Page 5
City Council Meeting
Approve Purchase of 14 Boats from West Coast Sailing for Marina Park
Boating Program
6.
Approve Sole 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.
Staff Report
Attachment A - Purchase Agreement
Attachment B - West Coast Sailing Estimate for RS Quest and RS Venture
Written Comments
Amendment No. One to the Professional Services Agreement with Sampson
Oil Company for Oil Well Management Services
7.
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.
Staff Report
Attachment A - Amendment No One to Sampson Oil
Attachment B - Professional Services Agreement with Sampson Oil
Written Comments
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.
Staff Report
Attachment A - Contract
Written Comments
October 13, 2015
Page 6
City Council Meeting
MISCELLANEOUS
9. Planning Commission Agenda for the October 8, 2015 Meeting
Receive and file.
Planning Commission Action Report
Planning Commission Agenda
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 2015/2016 Maintenance and Operation Budget
10.
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).
Staff Report
Attachment A - Check
Attachment B - Budget Amendment.pdf
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.
Staff Report
Attachment A - Grant Award Letter
Attachment B - Budget Amendment
Written Comments
Appointment of a New Finance Committee Member to Fill an Unscheduled
Vacancy
12.
Confirm Council Member Scott Peotter's appointment of Jim Mosher to fill the
unexpired balance of Bill McCullough's term on the Finance Committee.
Staff Report
Attachment A - Application
Written Comments
October 13, 2015
Page 7
City Council Meeting
City Hall and Limited Off-Site Holiday Closure (Beginning at Noon,
December 24, 2015 through January 1, 2016)
13.
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.
Staff Report
Attachment A - Hours of Operation for City Facilities
Written Comments
14. Urban Water Management Plan
Receive and file.
Staff Report
Attachment A - Consultant Project Plan for 2015 UWMP
Written Comments
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.
Staff Report
Attachment A - Sewer and Recycled Water Rate Study - Newport Beach _Oct
2015
Attachment B - Cost Comparison to Customers
Figure 1 - Projected Fund Balance
Figure 2 - Neighboring Agency Comparisons
Written Comments
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT
FOR THOSE ITEMS REMOVED
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
October 13, 2015
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City Council Meeting
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
Woody’s Wharf Conditional Use Permit Located at 2318 Newport Boulevard
(PA2015-158)
16.
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).
Staff Report
Attachment A - Draft Resolution
Attachment B - Modified Conditions of Approval
Attachment C - Planning Commission Resolution 1988
Attachment D - Live Entertainment Permit
Attachment E - Noise Study (2013)
Attachment F - Proposed Late-Hour Floor Plan
Attachment G - Project Plans
Attachment H - Vicinity Map
Attachment I - Newport Bay Marina Building Elevation
Attachment J - Correspondence
Attachment K - Newport Bay Marina Correspondence (Dart)
Insider's Guide
Received After Correspondence
XX. CURRENT BUSINESS
October 13, 2015
Page 9
City Council Meeting
17. Proposed Budget Preparation Framework
Review and provide input to staff's proposed Budget Preparation Framework.
Staff Report
Attachment A - 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.
Staff Report
Attachment A - 1989 Staff Report
Attachment B - Eligibility Requirements
Attachment C - Assessment District Deferrment Options and Other
Considerations
Insider's Guide
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)
19.
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.
Staff Report
Attachment A - Proposed Boundary Map of AD 111
Attachment B - Proposed Boundary Map of AD 116b
Attachment C - Resolution Certifying the Petition for AD 111
Attachment D - Resolution Certifying the Petition for AD 116b
Insider's Guide
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