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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
JANUARY 9, 2018
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.
DUFFY DUFFIELD, Mayor
WILL O'NEILL, Mayor Pro Tem
BRAD AVERY, Council Member
DIANE B. DIXON, Council Member
JEFF HERDMAN, Council Member
KEVIN MULDOON, 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
JANUARY 9, 2018
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. Pacific Life's 150' Anniversary
SS3. Beacon Annual Economic Forecast
Dr. Robert Kleinhenz of Beacon Economics (Beacon is a consultant to the City) will present
Beacon's analysis of fiscal and economic trends in our region.
SS4. Water Quality Overview
Public Works staff will go over some of the past, recent and planned goals for the City's
Water Quality/Coastal Tidelands Committee.
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, 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
January 9, 2018
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
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
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VIII.
CLOSED SESSION REPORT
IX.
INVOCATION
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. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1 - 10). 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.
City Council Meeting
January 9, 2018
Page 3
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the December 12, 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.
RESOLUTION FOR ADOPTION
3. Resolution Updating the List of Designated Employees for 2018 Under the City's Conflict
of Interest Code
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. 2018-1, A Resolution of the City Council of the City of Newport Beach,
California, Adopting an Updated Designated Employees List for 2018.
CONTRACTS AND AGREEMENTS
4. Request to Retain Existing Improvements within the Public Right -of -Way Adjacent to
900 Avocado Avenue
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 City Council Policy L-6, Private Encroachments in the Public Right -of -Way, to retain
an existing planter wall that encroaches in excess of 1 -foot into the public right-of-way at the
corner of East Coast Highway and Avocado Avenue; and
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.
5. Final Tract Map No. 17555 for a 23 -Unit Residential Condominium Development Located
at 3303 and 3355 Via Lido
a) Find that all significant environmental concerns for the proposed project have been
addressed in the previously adopted Lido Villas Residential Mitigated Negative Declaration
(SCH#2013071050). The final map is within the scope of the previously adopted Mitigated
Negative Declaration in accordance with the California Environmental Quality Act (CEQA);
b) Find that Final Tract Map No. 17555 is in substantial conformance with Tentative Tract Map
No. NT2013-001 for the proposed development as approved by the City Council on
November 12, 2013 (Resolution No. 2013-78);
c) Review and approve the Subdivision Agreement for Final Tract No. 17555 pursuant to
Section 19.36.010 of the Municipal Code, and authorize the Mayor and City Clerk to execute
the Subdivision Agreement;
d) Review and approve the required construction securities for Final Tract No. 17555 pursuant
to Section 19.36.030 of the Municipal Code; and
e) Review and approve Final Tract Map No. 17555 for the subdivision of property located at
3305 and 3355 Via Lido pursuant to Section 19.60.010 of the Municipal Code.
6. Amendment to Sound Media Fusion Sound Monitoring Services Agreement
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
January 9, 2018
Page 4
b) Approve the amendment to the Professional Services Agreement, and authorize the Mayor
and City Clerk to execute the agreement.
7. Agreement for Refuse Container Collection Services with Roberts Waste & Recycling, Inc.
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 agreement with Robert's Waste & Recycling, Inc. for refuse container collection
services for a five-year term with a total not -to -exceed amount of $2,025,000, and authorize
the Mayor and City Clerk to execute the agreement; and
c) Approve Budget Amendment No. 18BA-023 to increase expenditure appropriations by
$100,000 from General Fund unappropriated fund balance into Org/Object 0109021-811023,
Field Maintenance, Beach Trash Can Collection.
MISCELLANEOUS
8. Annual Mayoral Appointments
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) Confirm Mayor Duffy Duffield's appointments under City Council Policy A-2, as provided in
the staff report.
9. Appointment to the Corona del Mar 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 Jasmin Mortazavi, representing Mathnasium, as the ninth member to the CdM BID
Advisory Board of Directors for the remainder of FY 2017-2018.
10. Reconsideration for the Request to Install Toshiba Classic Street Light Banners
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 the provision and standard of Council Policy L-16 pertaining to the following
requirements for use of the City public right-of-way for banner installation: open to the general
public without charge and all banners shall be removed within thirty (30) days after the date
of installation; and
c) Allow for the installation of a maximum of 80 street light banners from Tuesday, January 16,
2018 to Monday, March 12, 2018 (55 days) for the 2018 Toshiba Classic golf tournament.
Installation will be along East Coast Highway, MacArthur Boulevard, and Jamboree Road.
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
City Council Meeting
January 9, 2018
Page 5
XVIII. PUBLIC HEARING
11. Appeal of Lido Marina Village Parking Management Plan Amendment, Conditional Use
Permit No. UP2017-019 (PA2017-135)
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA), pursuant to
Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because
it has no potential to have a significant effect on the environment; and
c) Adopt Resolution No. 2018-2, A Resolution of the City Council of the City of Newport Beach,
California, Denying an Appeal Filed by Electra Cruises Inc. and Approving Conditional Use
Permit No. UP2017-019 Authorizing a Parking Management Plan, a Parking Reduction, and
Off -Site Parking for Lido Marina Village and Superseding Conditional Use Permit
No. UP2014-014 (PA2017-135).
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 - In memory of Bob Roubian
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