HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION
AND
REGULAR MEETING
AUGUST 8, 2017
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
STUDY SESSION - 5:30 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, 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
AUGUST 8, 2017
STUDY SESSION - 5:30 P.M./CLOSED SESSION - AFTER STUDY SESSION/
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ROLL CALL - 5:30 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Proclamation for International Literacy Day
SS3. Trauma Intervention Program (TIP) of Orange County
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, Assistant City
Manager, Barbara Salvini, Human Resources Director, Peter Brown; Labor Negotiators.
Employee Organizations: Newport Beach Police Association (NBPA)
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2) (e)(1)): 1 matter
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
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.
City Council Meeting
August 8, 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 - 16). 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 July 25, 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.
ORDINANCES FOR ADOPTION
3. Second Reading of Ordinance No. 2017-11 Establishing Regulations Regarding
Accessory Dwelling Units (PA2017-069)
a) Find this project statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15282(h) of the CEQA Guidelines, which states that the adoption of an
ordinance regarding second units to implement the provisions of Sections 65852.1 and
65852.2 of the Government Code are exempt from the requirements of CEQA; and
b) Conduct second reading and adopt Ordinance No. 2017-11, An Ordinance of the City of
Newport Beach, California, adopting Zoning Code Amendment No. CA2017-003 to
Implement New State Law Requirements Relating to Accessory Dwelling Units (PA2017-
069).
4. Second Reading of Ordinance 2017-12 Establishing a Pilot Program Allowing A -Frame
Signs in Lido Marina Village (PA2014-054)
a) Find the project is categorically exempt under Section 15303, of the State CEQA (California
Environmental Quality Act) Guidelines — Class 3 (Construction or Conversion of Small
Structures); and
b) Conduct second reading and adopt Ordinance No. 2017-12, An Interim Ordinance of the City
Council of the City of Newport Beach, California, Allowing A -Frame Signs in Lido Marina
Village.
City Council Meeting
August 8, 2017
Page 3
5. Non -Exclusive Solid Waste Franchises
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. 2017-52, A Resolution of the City Council of the City of Newport Beach,
California, Approving a Model Agreement Template for Non -Exclusive Solid Waste
Franchises; and
c) Adopt Resolution No. 2017-53, A Resolution of the City Council of the City of Newport Beach,
California, Declaring Its Intention to Conduct a Public Hearing to Consider Granting
Non -Exclusive Solid Waste Franchises.
6. Resolution Amending the Capital Improvement Program Budget to Include Funding from
the Road Repair and Accountability Act of 2017 (RMRA) and Budget Amendment
No. 18BA-002
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) Approve Resolution No. 2017-54, A Resolution of the City Council or the City of Newport
Beach, California, Amending the Adopted Capital Improvement Program Budget for Fiscal
Year 2017-18 to Include Road Maintenance and Rehabilitation Account (RMRA) Funding
Under the Road Repair and Accountability Act of 2017 — Local Streets and Roads Program
and Approving Budget Amendment No. 18BA-002, increasing revenue estimates by
$481,309.00 in Account 12101-431127 and appropriating $481,309.00 to Account
12101110-980000-18R23 for MacArthur Boulevard/University Drive Pavement
Rehabilitation project.
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7. Big Canyon Reservoir Flow Metering Vault and Treatment Improvements — Award of
Contract No. 6104 (16W13)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302 (c) Class 2, (replacement or reconstruction of existing utility systems involving
negligible or no expansion of capacity) of the CEQA Guidelines, because it has no potential
to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 6104 to Schuler Constructors, Inc. for the total bid amount of
$1,610,500.00, and authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $161,000.00 (approximately 10% of Total Bid) to cover the cost
of unforeseen work not included in the original contract; and
e) Approve Budget Amendment No. 18BA-003 appropriating $200,000.00 from the Water
Capital Fund (Non Master Plan) to Account No. 70201932-980000-16W13 for Big Canyon
Reservoir Flow Metering Vault and Treatment Improvements.
8. Amended Final Tract Map No. 17772A and Amendment No. One to Subdivisions
Agreement for 81 -Unit Residential Condominium Development Located at 1560 Placentia
Avenue
a) Find that all significant environmental concerns for the proposed project have been
addressed in the previously adopted Ebb Tide Residential Mitigated Negative Declaration
(SCH#2015071007) (MND). Amended Final Tract Map No. 17772A and amendment to the
Subdivision Agreement, including the Rider to its construction securities, are within the scope
of the previously adopted MND in accordance with the California Environmental Quality Act
(CEQA);
b) Review and approve Amended Final Tract Map No. 17772A located at 1560 Placentia
Avenue pursuant to Section 19.60.010 of the Municipal Code;
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August 8, 2017
Page 4
c) Review and approve Amendment No. One to the Subdivision Agreement for Amended Final
Tract No. 17772A pursuant to Section 19.36.010 of the Municipal Code, and authorize the
Mayor and City Clerk to execute Amendment No. One to the Subdivision Agreement; and
d) Review and approve the Rider to the construction securities for Amended Final Tract
No. 17772A pursuant to Section 19.36.030 of the Municipal Code, and authorize the inclusion
of the Rider in Amendment No. One to the Subdivision Agreement.
9. Irvine Avenue Pavement Rehabilitation Project — Approval of Professional Services
Agreement with Stantec Consulting Services, Inc. (17R21)
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) Approve a Professional Services Agreement with Stantec Consulting Services, Inc. of Irvine,
California, for the Irvine Avenue Pavement Rehabilitation project at a not -to -exceed price of
$198,188.00, and authorize the Mayor and City Clerk to execute the Agreement.
10. Approve Professional Services Agreement with Mark Thomas and Company for the
Bayside Drive Improvement Project — Contract No. 6406 (16R12)
a) Determine that the action is exempt from 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 because it will not result in a
physical change to the environment, directly or indirectly; and
b) Approve a Professional Services Agreement with Mark Thomas and Co. of Irvine, California,
for a design and construction support services at a not -to -exceed fee of $352,751.00, and
authorize the Mayor and City Clerk to execute the Agreement.
11. Approval of Amendment No. 1 to the Professional Services Agreement with Willdan
Engineering for On -Call Transportation Engineering Staff Services
a) Determine that the 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 Amendment No. 1 to the current Professional Services Agreement with Willdan
Engineering for on-call Transportation Engineering Staff Services. Add $150,000 to the
agreement and authorize the Mayor and City Clerk to execute Amendment No. 1 of the
Agreement.
12. Approval and Award of Agreement to Zebron Contracting, Inc. for As -Needed Sewer
Manhole Lining Services
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) Approve the agreements with Zebron Contracting, Inc. for as -needed sewer manhole lining
services for a three-year term, and authorize the Mayor and City Clerk to execute the
agreements.
13. Request for Waiver of City Council Policy L-6 at 2209 Private Road
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) Waive Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow the
existing six-foot high concrete block wall and appurtenances that encroach into the Private
Road public right-of-way to remain in place, contingent upon all conditions of the
Encroachment Permit process being met; and
City Council Meeting
August 8, 2017
Page 5
c) Direct staff to enter into an Encroachment Agreement with the Owner and authorize the City
Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar
year upon receipt of approval; or
d) Provide other direction to staff.
MISCELLANEOUS
14. Pending Coastal Development Permit Waivers for De Minimis Development Located at
128 40th Street (PA2017-081) and 216 Evening Canyon Road (PA2017-098)
a) Determine this action is not a project as defined and 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 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. This action will result in no Coastal Development Permit (CDP) being
processed for the proposed developments.
15. Confirmation of Appointment to the Newport Beach Restaurant Association Business
Improvement District Advisory Board of Directors
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) Appoint Thaddeus Foret, representing The Winery Restaurant and Wine Bar, as the 11th
member to the NBRA BID Advisory Board of Directors for term ending June 30, 2018.
16. City Position in Opposition to SB 54 (de Leon), Relating to Law Enforcement Cooperation
with Federal Immigration Officers
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 City Manager to send a letter in opposition to SB 54 (de Leon), relating to law
enforcement cooperation with US Immigration officers.
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
17. Appointments of New City Arts Commissioners to Fill Unscheduled Vacancies
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 two individuals to fill the unexpired balance of Jennifer Van Bergh's and Lynn Selich's
terms on the City Arts Commission.
City Council Meeting
August 8, 2017
Page 6
18. City Council Policy Update 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) Approve City Council Resolution No. 2017-55, A Resolution of the City of Newport Beach,
California, Adopting Revised City Council Policies;
c) Provide direction to staff and the City's Finance Committee to review the Finance
"F" Policies for future City Council consideration;
d) Provide direction to staff and the Harbor Commission to review the Harbor and Beaches
"H" Policies for future City Council consideration; and
e) Provide direction to staff and the Planning Commission to review the Public
Works/Traffic/Utilities "L" Policies for future City Council consideration.
19. Balboa Island Seawall Coping Extension — Update and Status Report, Contract No. 7066-
1 (15H11)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no
potential to have a significant effect on the environment; and
b) Authorize staff to advertise and publicly bid the project for construction, which will add an
approximate 9 -inch high concrete cap to the existing seawall on the north, south and west
sides of Balboa Island; or
c) Provide further direction to staff as to how to proceed.
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.
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE