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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION
AND
REGULAR MEETING
JUNE 13, 2017
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
STUDY SESSION - 6:00 P.M./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, 2nd 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).
IV
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
JUNE 13, 2017
STUDY SESSION - 6:00 P.M./CLOSED SESSION
REGULAR MEETING - 7:00
ROLL CALL - 6:00 p.m.
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SS1. Clarification of Items on the Consent Calendar
- AFTER STUDY SESSION/
P.M.
SS2. National Alzheimer's and Brain Awareness Month Proclamation
SS3. Annual Mayor's Youth Council Report
SS4. Sister Cities Update
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.
CLOSED SESSION - After Study Session - Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 2 matters
Susan Bidart Riddle v. City of Newport Beach & John Vallely
Orange County Superior Court Case No. 30-2015-00808124-CU-WM-CJC
City of Newport Beach v. Insurance Company of the State of Pennsylvania
United States District Court Case No. 8:16-cv-00483-JVS-KES
V. RECESS
VI.
VII.
VIII
IX.
X.
XI.
RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
1:79711WOTA■N
CLOSED SESSION REPORT
PLEDGE OF ALLEGIANCE
INVOCATION
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.
City Council Meeting
June 13, 2017
Page 2
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— 11 and S19). 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 23, 2017 Special Joint Meeting with the Finance Committee and the
May 23, 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.
RESOLUTIONS FOR ADOPTION
3. Adoption of Fiscal Year 2017-18 Appropriations Limit
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; and
b) Adopt Resolution No. 2017-39, A Resolution of the City Council of the City of Newport Beach,
California, Determining and Establishing an Appropriations Limit (GANN) for Fiscal Year
2017-18 in Accordance with Article XI11B of the California Constitution and Government Code
Section 7910, in the amount of $186,181,146.
4. Annual Measure M2 Eligibility Submittal
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 the Measure M 7 -Year CIP;
c) Adopt Resolution No. 2017-40, A Resolution of the City Council of the City of Newport Beach,
California, Concerning the Status and Update of the Circulation Element, Local Signal
Synchronization Plan, Mitigation Fee Program, and Pavement Management Plan for the
Measure M2 Program; and
d) Direct staff to submit all necessary material to OCTA to satisfy the Measure M annual
eligibility requirements.
City Council Meeting
June 13, 2017
Page 3
CONTRACTS AND AGREEMENTS
5. Balboa Village Entry Arch Sign Project — Notice of Completion for Contract C-7011-1
(Project No. 15M13)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On May 10, 2016, City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301;
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.
6. Median Landscape Turf Replacement — Award of Contract No. 8151-1 (161_02)
a) Find this project 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.
7. Professional Services Agreement with MetaSource, LLC for Document Archiving Services
a) Find this action 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 has no potential
for resulting in physical change to the environment, directly or indirectly;
b) Approve the professional services agreement with MetaSource, LLC for document archiving
services for three years and a "not to exceed" maximum of $180,000;
c) Authorize staff to amend the Fiscal Year 2017-18 budget, once adopted, to increase the
appropriations by $60,000 in Account 01050005-811048 (Records Management Contracts)
through a transfer from Account 765-300007 (Information Technology Strategic Fund for
CDD's document archiving services); and
d) Authorize staff to make the same $60,000 transfer annually for the subsequent two years of
the professional services agreement (Fiscal Years 2018-19 and 2019-20).
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. Approval of Maintenance Repair Services Agreements with Tight Quarters and GCI for
On -Call Beach Maintenance Services
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
City Council Meeting
June 13, 2017
Page 4
b) Approve Maintenance Repair Services Agreements with Tight Quarters, Inc. and
GCI Construction, Inc. in a form approved by the City Attorney, and authorize the Mayor and
City Clerk to sign each agreement. Each on-call agreement is for a three-year term and
carries a not to exceed cap of $300,000 for each contract's total three-year term. The total
cost of both contracts over the three-year term shall not exceed $600,000.
MISCELLANEOUS
10. Acquisition of 2017 Rule 20A Credits from the City of Mission Viejo (17M03)
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 Budget Amendment No. 17BA-035 transferring $72,469.10 from Account
No. 01201928-980000-17T11 (Arroyo Canyon Bike Trail) to Account No. 01201928-980000-
17M03 for SCE Rule 20A Credit Purchase;
c) Authorize the City Manager to execute the Memorandum of Understanding (MOU) between
the City of Newport Beach and City of Mission Viejo documenting details of transaction for
the Rule 20A credit acquisition and to provide the City of Newport Beach first right of refusal
to purchase additional Rule 20A credits from the City of Mission Viejo, as it becomes
available, at a purchase rate of $0.55 on the dollar; and
d) Authorize staff to process the Rule 20A credit transfer between the City of Newport Beach
and City of Mission Viejo with SCE.
11. Board and Commission Scheduled Vacancies - Confirmation of Nominees
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) Waive the requirement in City Council Policy A-2 relative to having at least two (2)
nominations for each vacancy as it pertains to the Building and Fire Board of Appeals
vacancies; and
c) Confirm the nominations as ranked by the City Council Ad Hoc Appointments Committee:
Board of Library Trustees [1 vacancy/minimum 2 nominees]
1. Douglas Coulter (incumbent)
2. Hugh Logan
3. Thomas Malcolm
Building and Fire Board of Appeals [3 vacancies]
1. Brion Jeannette (incumbent)
2. Richard Luehrs (incumbent)
3. Audrey Cook
City Arts Commission [3 vacancies/minimum 6 nominees]
1. Lynn Selich (incumbent)
2. Michael Kerr (incumbent)
3. Miriam Baker
4. Grace Divine
5. Marie Little
6. Barbara Glabman
Civil Service Board [1 vacancy/minimum 2 nominees]
1. Jane Della Grotta
2. Howard Herzog
Harbor Commission [2 vacancies/minimum 4 nominees]
1. David Girling (incumbent)
2. Marie Marston
3. Donald Yahn
4. Ira Beer
City Council Meeting
June 13, 2017
Page 5
Parks, Beaches & Recreation Commission [2 vacancies/minimum 4 nominees]
1. Walter Howald (incumbent)
2. Heather Ignatin
3. Diane Daruty
4. Shelly Trainor
Planning Commission [2 vacancies/minimum 4 nominees]
1. Elizabeth Kiley
2. Lauren Kleiman
3. Lee Lowrey
4. Curtis Elmore
5. Charles Fancher
6. Richard McNeil
S19. Planning Commission Action Report for the June 8, 2017 Meeting
Receive and file.
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. PUBLIC HEARINGS
12. Resolution No. 2017-41: Confirming the Levying of Assessments for the Fiscal Year 2017-
2018 for the Corona del Mar Business Improvement District and Advisory Board
appointments for Fiscal Year 2017-2018
a) Hold a public hearing regarding the renewal of the Corona del Mar Business Improvement
District;
b-1) If protests represent less than 50 percent of the total assessment amount, adopt Resolution
No. 2017-41, A Resolution of the City Council of the City of Newport Beach, California,
Confirming the Levying of Assessments for the Fiscal Year 2017-2018 for the Corona del
Mar Business Improvement District;
or
b-2) If protests represent 50 percent or more of the total assessment, abandon the proceedings
to renew the Corona del Mar Business Improvement District;
c) 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; and
d) Appoint the following to the Corona del Mar Business Improvement District Advisory Board
of Directors for fiscal year 2017-2018:
Keith Dawson, Dawson & Dawson
Edward Hanley, Hanley Investment Group
Hamid Kianipur, 76 Gas Station
Scott LaFleur, representing Cafe Jardin
Scott Laidlaw, Laidlaw Schultz Architects
Shawn Lim, Rose Bakery Cafe
Bernie Svalstad, BPS Financial
City Council Meeting
June 13, 2017
Page 6
13. Resolution No. 2017-42: Confirming the Levying of Assessments for Fiscal Year 2017-
2018 for the Newport Beach Restaurant Association Business Improvement District and
Advisory Board Appointments for Fiscal Year 2017-2018
a) Hold a public hearing regarding the renewal of the Newport Beach Restaurant Association
Business Improvement District;
b) 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;
c-1) If protests represent less than 50 percent of the total assessment amount, adopt Resolution
No. 2017-42, A Resolution of the City Council of the City of Newport Beach, California,
Confirming the Levying of Assessments for Fiscal Year 2017-2018 for the Newport Beach
Restaurant Association Business Improvement District;
or
c-2) If protests represent 50 percent or more of the total assessment, abandon the proceedings
to renew the Newport Beach Restaurant Association Business Improvement District; and
d) Appoint the following to the Newport Beach Restaurant Association Business Improvement
District Advisory Board of Directors for fiscal year 2017-2018:
Will Alovis, Sugar N Spice
Philip Crowley, Modo Mio
John DeFrenza, Crocker's "The Well Dressed Frank"
Bruno Massuger, Newport Dunes Resort
Matthew Meddock, Sessions West Coast Deli
Dan Miller, The Village Inn
Jordan Otterbein, A Restaurant & Market
Kenyon Parr, Five Crowns & Side Door
Christopher Roman, CUCINA enoteca
Ron Schwartz, Muldoon's Irish Pub
Jim Walker, The Bungalow Restaurant
14. Resolution No. 2017-43: Fiscal Year 2017-2018 Budget Adoption; City Budget Hearing;
Recommendations from the Finance Committee; and Budget Checklist Items
a) Conduct a public hearing on the City Manager's Proposed Budget for Fiscal Year 2017-2018.
After taking public input, discuss Council Member recommendations for additions, deletions,
or modifications to proposed budget via the budget checklist;
b) 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;
c) Conduct a straw vote on the "checklist" of budget revisions, including those items added,
changed or removed during the public hearing. Based on the straw vote, checklist items
approved will be included in the City's Fiscal Year 2017-2018 Approved Budget;
d) Consider and, if appropriate, approve the Finance Committee's budget recommendations;
and
e) Adopt Resolution No. 2017-43, A Resolution of the City Council of the City of Newport Beach,
California, Adopting the Budget for the 2017-18 Fiscal Year, as amended by Items a and c
above.
XIX. CURRENT BUSINESS
15. Newport Heights Alley Replacement — Award of Contract No. 7028-3 (15R18)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15301 Class 1 (c) (maintenance of existing public facilities involving negligible or
no expansion of use);
b) Approve the project drawings and specifications;
c) Award Contract No. 7028-3 to NOBEST for the total bid price of $3,385,000.00, and authorize
the Mayor and City Clerk to execute the contract;
City Council Meeting
June 13, 2017
Page 7
d) Establish $508,000.00 (approximately 15 percent) contingency amount to cover the cost of
unforeseen work not included in the original contract;
e) Approve Budget Amendment No. 17BA-036 transferring $857,970 in estimated project
savings from 01201927-980000-15R14 (Corona del Mar Concrete Pavement Reconstruction
Phase 2), $168,976 in project savings from 01201927-980000-15R13 (Corona del Mar
Concrete Pavement Reconstruction Phase 1) and $134,942 in project savings from
01201926-980000-151_18 (Turf Replacement/Irrigation) to Account No. 01201927-980000-
15R18 (Newport Heights Alley Replacement); and
f) Approve Amendment No. 2 to the Professional Services Agreement with TAIT & Associates,
Inc. of Santa Ana, California, (TAIT) in the amount of $30,000.00 for additional engineering
services, and authorize the Mayor and City Clerk to execute the Amendment.
16. Fire Station No. 6 Apparatus Bay Replacement — Award of Contract No. 6422-1 (16F11)
a) Find this project 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;
b) Approve the project drawings and specifications;
c) Waive the minor irregularities in the bid submitted by Metro Builders & Engineers Group,
Ltd.;
d) Declare Metro Builders & Engineers Group, Ltd. as the low responsive bidder;
e) Award Contract No. 6422-1 to Metro Builders & Engineers Group, Ltd. for the total bid price
of $977,868.00, and authorize the Mayor and City Clerk to execute the contract;
f) Establish a contingency of $97,691.00 (approximately 10 percent) to cover the cost of
unforeseen work not included in the original contract; and
g) Approve a professional service agreement with GMU Geotechnical Inc. in the amount of
$33,280.00 for soil testing, geotechnical and special inspections services.
17. A Municipal Code Amendment Regarding the Permit Process for Electric Vehicle
Charging Stations
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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2017-
10, An Ordinance of the City Council of the City of Newport Beach, California, Adding
Chapter 15.19 to Title 15 of the Newport Beach Municipal Code to Provide an Expedited,
Streamlined Permitting Process for Electric Vehicle Charging Stations, and pass to second
reading on June 27, 2017.
18. Appointment to the Visit Newport Beach, Inc. (VNB) Executive Committee
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; and
b) Appoint Doug Wood, Amy Olmstead or Jim Mosher (in ranked order) to fill the unscheduled
vacancy on the VNB Executive Committee.
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
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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