HomeMy WebLinkAbout0 - AgendaAMENDED AGENDA — ADDED ITEM S16 TO CONSENT CALENDAR
CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION
AND
REGULAR MEETING
MAY 23, 2017
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
STUDY SESSION - 4:00 P.M. (OR SOON THEREAFTER)/CLOSED SESSION - AFTER STUDY SESSION/
REGULAR MEETING - 7:00 P.M.
KEVIN MULDOON, Mayor
DUFFY DUFFIELD, Mayor Pro Tem
BRAD AVERY, Council Member
DIANE B. DIXON, Council Member
JEFF HERDMAN, Council Member
WILL O'NEILL, Council Member
SCOTT PEOTTER, Council Member
DAVE KIFF - City Manager
AARON HARP - City Attorney
LEILANI BROWN - City Clerk
CAROL JACOBS - Assistant City Manager
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.
NOTICE TO THE PUBLIC
The City provides a yellow sign -in card for those wishing to address the City 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 City Council. If you do fill out the card, please place it in the box at the podium. Any times listed in this agenda
are provided as a courtesy and the actual item may be heard either before or after the time given.
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, 2"d Floor). Staff reports or other written documentation have been prepared or organized with respect to each
item of business listed on the agenda. 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/agendas.
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 cityclerk(a)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
MAY 23, 2017
STUDY SESSION - 4:00 P.M. (OR SOON THEREAFTER)/
CLOSED SESSION - AFTER STUDY SESSION/REGULAR MEETING - 7:00 P.M.
NOTE: A Special Joint Meeting of the Newport Beach City Council and the Finance Committee will
be held at 3:00 p.m. in the same location (City Council Chambers) to go over the Proposed FY 2017-
18 Budget. Please see the separate agenda for this meeting. The public is welcome to attend the
Special Joint Meeting, as well as the City Council Study Session and Regular Meeting.
ROLL CALL - 4:00 p.m. (or soon thereafter)
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SS1. Clarification of Items on the Consent Calendar
SS2. Public Works Week Proclamation
SS3. Ocean Front Walk Regulations and Plans for Summer 2017
Staff from the City Manager's Office, Public Works Department, and the Police Department
will summarize (and seek direction about) recent discussions with the community in
District #1 about improving safety on the Ocean Front Walk.
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 LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 2 matters
Paul Matheis v. City of Newport Beach
Office of Administrative Hearings, Case No. 2016-070710
Paul Matheis v. City of Newport Beach
Workers' Compensation Appeals Board Case No. ADJ7731364
B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6)
Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City
Manager, Barbara Salvini, Human Resources Director; Peter Brown, Esq., Negotiators.
Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL) and
Newport Beach Police Association (NBPA).
City Council Meeting
May 23, 2017
Page 2
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code § 54957 (b)(1))
Title: Dave Kiff, City Manager
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 — Madelon Maupin, First Church of Christ, Scientist
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. 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). Public comments are also invited on Consent Calendar items. 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 May 9, 2017 City Council 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
May 23, 2017
Page 3
RESOLUTIONS FOR ADOPTION
3. Medi -Cal Managed Care Rate Range Intergovernmental Transfer (IGT) Program
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly;
b) Adopt Resolution No. 2017-36, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the City Manager, or Designee, to Execute Agreements with the
Department of Health Care Services (DHCS) and CalOptima to Participate in the FY 2015-
2016 and FY 2016-2017 Medi -Cal Rate Range Intergovernmental Transfer (IGT) Program;
and
c) Authorize Finance Department staff to execute an administrative amendment to the FY 2018
budget to increase expenditure appropriations by $459,621 in the Medi -Cal IGT account
01040404-821008 and to increase revenue estimates by $612,828 in the Medi -Cal IGT
account 01040404-431246 of the Fire Department.
4. Resolution of Intention to Renew the Corona del Mar Business Improvement District and
Levy Assessments in Fiscal Year 2017-2018
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly;
b) Approve the Corona del Mar Business Improvement District's Fiscal Year 2016-2017 Annual
Report and its Proposed Fiscal Year 2017-2018 Budget; and
c) Adopt Resolution No. 2017-37, A Resolution of the City Council of the City of Newport Beach,
California, Declaring its Intention to Renew the Corona del Mar Business Improvement
District and Levy Assessments for the Fiscal Year of July 1, 2017 to June 30, 2018, and Fix
the Time and Place of a Public Hearing for June 13, 2017.
5. Resolution of Intention to Renew the Newport Beach Restaurant Association Business
Improvement District and Levy Assessments in Fiscal Year 2017-2018
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly;
b) Approve the Newport Beach Restaurant Association Business Improvement District's Fiscal
Year 2016-2017 Annual Report and its Proposed Fiscal Year 2017-2018 Budget; and
c) Adopt Resolution No. 2017-38, A Resolution of the City Council of the City of Newport Beach,
California, Declaring its Intention to Renew the Newport Beach Restaurant Association
Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2017 to
June 30, 2018, and Fix the Time and Place of a Public Hearing for June 13, 2017.
CONTRACTS AND AGREEMENTS
6. Median Landscape Turf Replacement — Award of Contract No. 8151-1 (161-02)
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15302(c) (reconstruction of existing facility involving negligible or no
expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential to have a significant effect on the environment;
b) Approve the project drawings and specifications;
c) Award Contract No. 8151-1 to Diversified Landscape Management for the total bid price of
$435,467.81, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish $45,000.00 (approximately 10 percent) contingency amount to cover the cost of
unforeseen work not included in the original contract.
City Council Meeting
May 23, 2017
Page 4
7. Approval of Amendment No. One to Professional Services Agreement with Everest
International Consulting Inc. for Further Analysis Related to Federal Emergency
Management Agency's Preliminary Flood Maps
a) Find the execution of Amendment No One is not subject to the California Environmental
Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA
Guidelines; and
b) Authorize the City Manager and City Clerk to execute Amendment No. One to the
professional services agreement (C-8123-1) for $75,000, for a total contract amount of
$160,000.
8. Amendment No. One to Lease Agreement with Lighthouse Cafe, LLC, for the Restaurant
Space at Marina Park Located at 1600 West Balboa Boulevard and a Waiver of City Council
Policy B-13
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly;
b) Approve a waiver of City Council Policy B-13 (Public Use of City Facilities) allowing
Lighthouse Cafe, LLC to obtain a Type 47 On -Sale General for Bona Fide Public Eating
Place license for the restaurant premises only, based on the findings contained in the staff
report and in Amendment No. One to the Lease Agreement, which conclude that the
requested license would not impact the City or public use of Marina Park; and
c) Approve and authorize the Mayor and City Clerk to execute a lease amendment with
Lighthouse Cafe, LLC, in a form substantially similar to the amendment attached to the staff
report.
9. Airport Consulting — Contract with Tom Edwards
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly; and
b) Authorize the Mayor to sign the Professional Services Agreement with Thomas Cole
Edwards, Inc.
10. Agreement for the Purchase of a CNG 3 -Axle Dump Truck
a) Determine this action is not subject to the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not
a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change
to the environment, directly or indirectly; and
b) Approve an agreement for the purchase of one CNG -powered 3 -Axle Dump Truck from Los
Angeles Truck Centers, LLC DBA Los Angeles Freightliner for a total cost of $228,387.16,
and authorize the Mayor and City Clerk to execute the agreement.
S16.Amendment to the JWA Settlement Agreement: Definition of Commuter Air Carrier or
Commuter Carrier
a) Find that the execution of the Eleventh Supplemental Stipulation to the JWA Settlement
Agreement is not subject to the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a
physical change to the environment, directly or indirectly;
b) Find that the Eleventh Supplemental Stipulation to the JWA Settlement Agreement complies
with City Council Policy All 7; and
c) Authorize the City Attorney to execute the Eleventh Supplemental Stipulation to the JWA
Settlement Agreement on behalf of the City.
City Council Meeting
May 23, 2017
Page 5
MISCELLANEOUS
11. Pending Coastal Development Permit Waiver for De Minimis Development Located at
4151/2 29th Street (PA2017-048)
a) Determine this action is not a project as defined exempt from the California Environmental
Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA
Guidelines because this action is to receive and file only and will not result in a physical
change to the environment, directly or indirectly; and
b) Receive and file.
12. Confirmation of Voting Delegate and Alternate for the 2017 League of California Cities
Annual Conference — September 13, 2017 to September 15, 2017
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly;
b) Direct the City Clerk to complete and submit the LCC designation form by Friday,
September 1, 2017;
c) Designate Mayor Kevin Muldoon to be the Voting Delegate and Council Member Diane Dixon
to be the Voting Delegate Alternate at the LCC Conference; and
d) Authorize Mayor Kevin Muldoon and Council Member Diane Dixon to attend the LCC Annual
Conference pursuant to Charter Section 402 and City Council Policy F-8 (City Travel Policy
Statement), and to be reimbursed for their official traveling expenses.
13. Acceptance of Funds from Public Safety Realignment and the California Board of State
and Community Corrections (BSCC)
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly;
b) Accept AB 109 funds in the amount of $11,554.64 for front-line law enforcement services
that were received and will post as Fiscal Year 2017-2018 revenues in Police Revenue
account 01035352-431465 by increasing expenditure appropriations for Fiscal Year 2017-
2018 in Patrol Overtime Safety and Half -Time account 01035353-713002;
c) Accept BSCC funds in the amount of $57,088.09 for front-line law enforcement services that
were received and will post as Fiscal Year 2017-2018 revenues in Police Revenue account
01035352-431465 by increasing expenditure appropriations for Fiscal Year 2017-2018 in
Patrol Special Department Supplies BSCC account 01035353-841015-G1703 ($21,000.00)
and Patrol Overtime Safety and Half -Time account 01035353-713002 ($36,088.09); and
d) Authorize the City Manager to execute a budget amendment on July 1, 2017, to accept
AB 109 and BSCC funds, increase revenue estimates by $68,642.73 in Police Revenue
account 01035352-431465, and increase expenditure appropriations by $47,642.73 in Patrol
Overtime account 01035353-713002 and $21,000.00 in Patrol Special Department Supplies
BSCC account 01035353-841015-G1703.
14. Set Public Hearing Date to Adopt Fiscal Year 2017-2018 Budget
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly; and
b) Schedule a public hearing of the City's Proposed Budget for Fiscal Year 2017-2018 on
June 13, 2017, and direct the City Clerk to publish a notice of said hearing in accordance
with Section 1102 of the Newport Beach Charter.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
City Council Meeting
May 23, 2017
Page 6
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEM
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. PUBLIC HEARING
15. Community Development Block Grant — 2017-2018 Action Plan (continued from May 9,
2017)
a) Hold a public hearing to receive comments on the Action Plan;
b) Find the approval of 2017-2018 Action Plan exempt from the National Environmental Policy
Act (NEPA) pursuant to 24 CFR Part 58, Section 58.34;
c) Find the approval of 2017-2018 Action Plan exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect on the environment;
d) Adopt Resolution No. 2017-35, A Resolution of the City Council of the City of Newport Beach,
California, Approving the 2017-2018 Action Plan for the Allocation of the Federal Community
Development Block Grant for the 2017-2018 Fiscal Year, and
e) Authorize the City Manager to:
1. Adjust appropriations to specific programs and projects as necessary to conform with the
final 2017-2018 formula grant allocation of CDBG funds from HUD;
2. Submit the 2017-2018 Action Plan to HUD;
3. Execute the 2017-2018 CDBG Program Grant Agreement and all related documents on
behalf of the City;
4. Execute subrecipient agreements with the nonprofit organizations receiving allocations
of CDBG funds in the Action Plan;
5. Authorize the Community Development Director, or his/her designee, to be the official
representative of the City of Newport Beach to submit required environmental
documentation for CDBG projects; and
6. Make all necessary adjustments to the City -adopted budget to reflect funding allocations
of the 2017-2018 Action Plan.
XIX. 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.
XX. ADJOURNMENT
Testimony given before the City Council is recorded.
The timing light will turn yellow when the speaker has one -minute remaining.
The timing light will turn red when the speaker has 10 seconds remaining.
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