HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
NOVEMBER 14, 2017
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION FOLLOWS 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(o)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
NOVEMBER 14, 2017
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION FOLLOWS STUDY SESSION
REGULAR MEETING - 7:00 P.M.
ROLL CALL - 4:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Recognition to OC Books on the Run
Recognition of a local program that collects books to benefit local charities.
SS3. Comprehensive General Plan Update (PA2017-141)
The Community Development Department will ask for City Council and community feedback
on the proposed public process as the 2006 Newport Beach General Plan is updated.
SS4. Harbor Operations Update
The City Manager, Public Works staff, and Harbormaster will brief the City Council on the
City's actions since July 1, 2017, and the City's administration of moorings (and more) in
Newport Harbor. Staff will also talk about options for expanding the program into other areas.
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): 1 matter
Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City
Manager, Barbara Salvini, Human Resources Director, Brian P. Walter and Peter Brown; Labor
Negotiators.
Employee Organizations: Newport Beach Lifeguard Management Association (NBLMA);
Newport Beach City Employees Association (NBCEA); Newport Beach Firefighters Association
(NBFA); Newport Beach Police Association (NBPA); Newport Beach Police Management
Association (NBPMA); and Newport Beach Professional and Technical Employee Association
(NBPTEA).
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2) (e) (2)): 9 matters
City Council Meeting
November 14, 2017
Page 2
The Newport Beach Lifeguard Management Association (NBLMA), the Newport Beach Police
Management Association (NBPMA), the Newport Beach Police Association (NBPA), the Newport
Beach Firefighters Association (NBFA), the Laborers International Union of North America Local
777 (as affiliated with and on behalf of the Newport Beach Professional and Technical Employees
Association (NBTEA) and Newport Beach City Employees Association (NBCEA)), on behalf of
the current and former members of said unions, as well as Vladimir Anderson and Robert
Salerno, in their individual capacities, are aware of the United States Court of Appeals for the
Ninth Circuit's decision in the case of Flores v. City of San Gabriel (9th Cir. 2016) 824 F.3d 890
which may result in litigation against the City of Newport Beach related to the calculation and
payment of overtime compensation..
C. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4): 1 matter
D. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
City of Newport Beach v. United States Federal Aviation Administration et al.
United States Court of Appeals for the District of Columbia Circuit Case Number 17-1008
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION - Pastor Mark Whitlock, Christ Our Redeemer Church
X. PLEDGE OF ALLEGIANCE
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
• Asking the City Manager to return with a strategy for improving our response to
homelessness concerns, given potential changes to camping activities at the Santa Ana
River (Dixon)
City Council Meeting
November 14, 2017
Page 3
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 - 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.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 24, 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.
3. Resolution to Amend Recycled Water Commodity Charge
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) Adopt Resolution No. 2017-69, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Recycled Water Commodity Charge Effective January 1, 2018.
4. Resolution in Support of the California WaterFix and California EcoRestore
a) Determine that the action is exempt from the California Environmental Quality Act (CEQ)
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. 2017-70, A Resolution of the City Council of the City of Newport Beach,
California, Supporting the California WaterFix for Improvements to the Sacramento -San
Joaquin Delta Water Delivery System and the California EcoRestore Program for Delta
Habitat Restoration.
5. Approval of Measure M2 Expenditure Report
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) Adopt Resolution No. 2017-71, A Resolution of the City Council of the City of Newport Beach,
California, Concerning the Measure M2 Expenditure Report for the City of Newport Beach
for the Fiscal Year Ending June 30, 2017, subject to technical revisions to conform to OCTA
guidelines.
6. Adopt Resolution No. 2017-72 for Acceptance of Grant Funding for the Surrendered and
Abandoned Vessel Exchange (SAVE) Program from the Division of Boating and
Waterways
City Council Meeting
November 14, 2017
Page 4
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. 2017-72, A Resolution of the City Council of the City of Newport Beach,
California, Accepting a Grant from the State of California Department of Parks and
Recreation Division of Boating and Waterways for the Surrendered and Abandoned Vessel
Exchange Program; and
c) Approve Budget Amendment No. 18BA-014 recognizing $125,000 in grant revenue from the
California Division of Boating and Waterways (13501-431385-18H11) and appropriating
$125,000.00 to Account No. 13501-980000-18H11 (Abandoned Watercraft Abatement).
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7. Corona del Mar Concrete Pavement Reconstruction — Poppy Avenue and Ocean
Boulevard — Notice of Completion Contract No. 6189 (15R14)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On December 13, 2016, the project was found to be exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302(c);
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 Faithful Performance Bond one (1) year after acceptance by the City Council.
8. Professional Service Agreement with PlaceWorks for Environmental Services for the
Newport Crossings Project Located at 1701 Corinthian Way (PA2017-107)
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 Professional Services Agreement and authorize the Mayor and City Clerk to
execute the agreement.
9. Investment Advisor Contract with Chandler Asset Management
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) Approve a five-year professional service contract for investment advisory services with
Chandler Asset Management in a not -to -exceed contract of $675,000.
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10. Planning Commission Agenda for the November 9, 2017 Meeting
Receive and file.
11. Appointment to the Aviation 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) Confirm Council Member Peotter's appointment of G. Scott Bergey as the District 6 Alternate
Member to the Aviation Committee.
12. Transfer of Park -In -Lieu Reserves for Playground Improvements
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) of the CEQA Guidelines because this project has no
potential to have a significant effect on the environment; and
City Council Meeting
November 14, 2017
Page 5
b) Approve Budget Amendment No. 18BA-011 to transfer $200,000 in Park In -Lieu reserves
from Fund 513 to the Playground Refurbishment CIP project (56201-980000-18P01) in
Fund 562 for purchase and installation of playground shade structures, play elements and
surfacing improvements.
13. Cultural Arts Grants 2017/18
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 recommended recipients for FY 2017/18 Cultural Arts Grants as selected by the
City Arts Commission in accordance with City Council Policy 1-10 — Financial Support for
Culture and the Arts.
14. Approval of the Corona del Mar Business Improvement District's Revised Fiscal Year
2017-2018 Budget
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 revised FY 2017-2018 budget for the Corona del Mar Business Improvement
District.
15. Annual Reporting on Development Impact Fees & Development Agreements
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) Receive, review and file the Annual Reports on Development Impact Fees.
16. Approval of Budget Amendment for Paramedic Training
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) Approve Budget Amendment No. 18BA-012 appropriating $95,000 from the General Fund
unappropriated surplus fund balance to account 01040401-713003.
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. CURRENT BUSINESS
17. Citywide ADA Curb Access Ramp Improvements — Award of Contract No. 7154-1 (18R11)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) Class 2, (reconstruction of existing facility involving negligible or no
expansion of capacity) of the CEQA Guidelines, because it has no potential to have a
significant effect on the environment;
City Council Meeting
November 14, 2017
Page 6
b) Approve the project plans and specifications;
c) Award Contract No. 7154-1 to Victor Concrete, Inc. for the total bid amount of $1,239,100.00,
and authorize the Mayor and City Clerk to execute the contract; and
d) Approve Budget Amendment No. 18BA-013 appropriating $65,755.00 from the Community
Development Block Grant unappropriated fund balance to Account No. 12001-980000-
18R11 and transferring $7,335.00 from project savings from Account No. 01201927-980000-
15R14 (Concrete Replacement Program) to Account No. 01201927-980000-18R11 for
Citywide ADA Improvements.
18. General Plan Update Process (PA2017-141)
a) Determine the recommended action exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3 because the recommended
action has no potential to have a significant effect on the environment;
b) Initiate the General Plan update process;
c) Adopt Resolution No. 2017-73, A Resolution of the City Council of the City of Newport Beach,
California, Establishing the General Plan Steering Committee (Steering Committee) and the
General Plan Advisory Committee (GPAC) to Assist in a Comprehensive Review and Update
of the General Plan;
d) Authorize the Mayor to appoint the following members to the Steering Committee: City
Council Members William O'Neill and Jeff Herdman, and former Mayor Nancy Gardner, and
appoint a chairperson; and
e) Authorize the City Clerk to begin accepting applications for the GPAC, and forward the
applications for review by the Steering Committee.
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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 - In memory of Gary Dee Johnson
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