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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
CITY COUNCIL STUDY SESSION
AND
REGULAR MEETING
NOVEMBER 24, 2015
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
STUDY SESSION - CANCELLED/CLOSED SESSION - 6:00PM/
REGULAR MEETING - 7:00 PM
TELECONFERENCE LOCATION PURSUANT TO GC§54953(B):
9809 SW QUAIL POST ROAD, PORTLAND, OR 97219
EDWARD D. SELICH, Mayor
DIANE B. DIXON, Mayor Pro Tem
KEITH D. CURRY, Council Member
DUFFY DUFFIELD, Council Member
KEVIN MULDOON, Council Member
SCOTT PEOTTER, Council Member
TONY PETROS, Council Member
DAVE KIFF - City Manager
AARON HARP - City Attorney
LEILANI BROWN - City Clerk
CAROL JACOBS - Assistant City Manager
TERRI CASSIDY - Deputy City Manager
NOTICE TO THE PUBLIC
The City provides a yellow sign-in card for those wishing to address the 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 addre ssing the Council. If you do
fill out the card, please place it in the box at the podium.
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.
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.
Study Sessions are usually held on the second and fourth Tuesdays of each month at 4:00 pm (subject to change). Regular meetings of the City
Council are held on the second and fourth Tuesdays of each month at 7:00 p.m., except in the months of August and December wh en there will
be at least one regular meeting in August and one regular meeting in December. 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/CouncilAgendas.
The City of Newport Beach’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an atte ndee or a participant
at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in eve ry 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@newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
NOVEMBER 24, 2015
STUDY SESSION - CANCELLED/CLOSED SESSION - 6:00 PM/
REGULAR MEETING - 7:00 PM
TELECONFERENCE LOCATION PURSUANT TO GC§54953(B):
9809 SW QUAIL POST ROAD, PORTLAND, OR 97219
I. ROLL CALL – 6:00 p.m.
II. 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. Public comments are also invited at
the teleconference location.
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.
III. CLOSED 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, Terri Cassidy, Deputy City Manager, Barbara Salvini, Human Resources Director, and
Jonathan Holtzman; Negotiators.
Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards
(ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League
(NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management
Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach
Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport
Beach Professional and Technical Employee Association (NBPTEA); and Part-Time Employee
Association of Newport Beach (PTEANB).
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code § 54957 (b)(1))
Title: Dave Kiff, City Manager
Aaron C. Harp, City Attorney
Leilani Brown, City Clerk
C. CONFERENCE WITH LABOR NEGOTIATOR
(Government Code § 54957.6)
Agency Designated Representative: Council Member Tony Petros
Unrepresented Employees: Dave Kiff, City Manager, Aaron C. Harp, City Attorney, and Leilani
Brown, City Clerk.
City Council Meeting
November 24, 2015
Page 2
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: Parcel C (APN 442-071-23) generally located at 3300 Jamboree Road,
Newport Beach, California
Agency Negotiator: Dave Kiff, City Manager
Negotiating Party: Fletcher Jones Motor Cars
Under Negotiation: Price and terms of payment for the sale of real property
IV. RECESS
V. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
VII. CLOSED SESSION REPORT
VIII. PLEDGE OF ALLEGIANCE
IX. INVOCATION
X. 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. Public comments are also invited at
the teleconference location.
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.
XI. CITY COUNCIL ANNOUNCEMENTS (NON-DISCUSSION ITEM)
XII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA
- None
XVIII. PUBLIC HEARING (Pursuant to City Council Policy A-6, Item 20 is being taken out of order)
20. Proposed Assessment District No. 117 - Area Bounded by Bayside Drive, Avocado Avenue,
Coast Hwy & Carnation Avenue
a) Open public hearing on the formation of Assessment District No. 117;
b) Hear public testimony from those who desire to speak;
c) Close the public hearing;
d) Count ballots; and
e-1) If greater than or equal to 50% of weighted “Yes” votes versus “No” votes are submitted, a
majority protest by ballot procedure does not exist and the District may be formed. If it is
desired to form the District, adopt Resolution No. 2015-102, A Resolution of the City Council of
the City of Newport Beach, California, Making Determinations, Confirming Assessments and
Proceedings and Designating the Superintendent of Streets to Collect and Receive
Assessments and to Establish a Special Fund for City of Newport Beach Assessment District
No. 117, overruling protests, approving final engineer’s report, levying assessments without
modification, approving and ordering the work and improvements for the utility underground
project, and authorizing and directing related actions with respect to Assessment District No.
117; OR
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November 24, 2015
Page 3
e-2) If desired, adopt Resolution No. 2015-102, A Resolution of the City Council of the City of
Newport Beach, California, Declaring Abandonment of Proceedings for City of Newport Beach
Assessment District No. 117, to abandon the proceedings.
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 - 19). Public comments are invited on Consent Calendar from members of the
audience and from the teleconference location. 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 November 10, 2015 Study Session and Regular 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.
ORDINANCE FOR INTRODUCTION
3. Water Efficient Landscape Ordinance Amendment (NBMC Chapter 14.17)
a) Find that the adoption of Code Amendment No. CA2015-001 is not subject to the California
Environmental Quality Act (CEQA) pursuant to Section 15307, Class 7 (Actions by Regulatory
Agencies for the Protection of Natural Resources); and
b) Introduce Ordinance No. 2015-34, An Ordinance of the City Council of the City of Newport
Beach, California, Amending Chapter 14.17 of Title 14 of the Newport Beach Municipal Code
in its Entirety Pertaining to Regulations Required for Water Efficient Landscaping (PA2015-
169), and pass to second reading on December 8, 2015.
ORDINANCES FOR ADOPTION
4. Second Reading and Adoption of Ordinance No. 2015-33 Imposing An Express Ban on
Marijuana Cultivation, Marijuana Processing, Marijuana Delivery, and Marijuana
Dispensaries in the City
Conduct second reading and adopt Ordinance No. 2015-33, An Ordinance of the City Council of
the City of Newport Beach, California, Imposing an Express Ban on Marijuana Cultivation,
Marijuana Processing, Marijuana Delivery, and Marijuana Dispensaries in the City.
RESOLUTIONS FOR ADOPTION
5. Resolution of the City Council of the City of Newport Beach Regarding Disability
Retirement and Reinstatement Determinations and Appeals for Local Safety Members
Under the Public Employees Retirement Law; Delegating Authority for Local Public Safety
Member Disability Retirement and Reinstatement Determinations and Rescinding
Resolution No. 2008-89
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November 24, 2015
Page 4
Adopt Resolution No. 2015-100, A Resolution of the City Council of City of Newport Beach,
California, Regarding Disability Retirement and Reinstatement Determinations and Appeals for
Local Safety Members Under the Public Employees Retirement Law; Delegating Authority for
Local Public Safety Member Disability Retirement and Reinstatement Determinations and
Rescinding Resolution No. 2008-89.
6. Approval of Measure M2 Expenditure Report
Adopt Resolution No. 2015-101, 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, 2015, substantially to form, subject to technical revisions in
conformance with OCTA guidelines.
CONTRACTS AND AGREEMENTS
7. Big Canyon Restoration Wetlands Project - Approval of Amendment No. 1 to the
Professional Services Agreement with Burns & McDonnell (Project 15X12; C-6023A)
Approve Amendment No. 1 to the Professional Services Agreement (C -6023A) with Burns &
McDonnell of Brea, California, to make design modifications specified in the scope of work for the
Big Canyon Restoration Wetlands project at a not-to-exceed fee of $135,720.00 and authorize the
Mayor and City Clerk to execute the Agreement.
8. Orange County Sanitation District (OCSD) Mariners Mile Wastewater Force Main City
Inspection Support Services Amendment with Anderson Penna
a) Approve Amendment No. 2 with Anderson Penna for an additional $75,800 in inspection
support services and authorize the Mayor and City Clerk to sign the agreement on a form
approved by the City Attorney;
b) Approve Budget Amendment No. 16BA-018, increasing revenue estimates in the
Contributions fund by $119,350 in account 13501-431075 and increasing expenditure
appropriations by $119,350 in the Contributions Fund in account 13501-980000-16S10; and
c) Approve Budget Amendment No. 16BA-018, increasing revenue estimates in the Water
Capital Fund by $55,297.66 in account 70203-511040 and increasing expenditure
appropriations by $55,297.66 in the Water Capital Fund in account 70201-980000-15W02.
9. Storm Drain Evaluation - Approval of Professional Services Agreement with Downstream
Services, Inc. - Contract No. 6277
Approve Professional Services Agreement, Contract No. 6277, with Downstream Services, Inc. of
Escondido, California, to provide storm drain evaluation services at a not-to-exceed price of
$200,000.00, and authorize the Mayor and City Clerk to execute the Agreement.
10. Request to Relocate a Driveway and Install Private Improvements within the Public Right-
of-Way at 2723 Ocean Boulevard (N2015-0365)
a) Waive City Council Policy L-2, Driveway Approaches, to allow the relocation of an existing
driveway on Ocean Boulevard;
b) Waive City Council Policy L-6, Private Encroachments in the Public Rights-of-Way, to allow
retaining walls and guard rails that exceed 36 inches in height, private landscaping, private
irrigation, drainage improvements and appurtenances that encroach in excess of 1-foot into
the Ocean Boulevard right-of-way, contingent upon all conditions of the Encroachment Permit
process being met; and
c) Direct staff to enter into an Encroachment Agreement with the Owners, and authorize the City
Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year
upon receipt of approval.
11. Eastbluff Park Field Improvements - Award Contract No. 6268
a) Approve the project plans and specifications;
b) Award Contract No. 6268 to Calpromax Engineering, Inc. (Calpromax), for the total bid price of
$138,800.00, and authorize the Mayor and the City Clerk to execute the contract; and
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November 24, 2015
Page 5
c) Establish a contingency of $21,200.00, approximately 15 percent, to cover the cost of
unforeseen work.
12. Orange County Transportation Authority Cooperative Agreement No. C-5-3525 for
MacArthur Boulevard Rehabilitation from East Coast Highway to Bonita Canyon Drive
Approve Cooperative Agreement No. C-5-3525 with OCTA for APM grant funds for the MacArthur
Boulevard Rehabilitation project, and authorize the Mayor and City Clerk to execute the
agreement.
13. Annual Concrete Replacement Program - Award of Contract No. 6304
a) Approve the project drawings and specifications;
b) Award Contract No. 6304 to Unique Performance Construction, Inc. for the Total Bid Price of
$483,425.00, and authorize the Mayor and the City Clerk to execute the contract;
c) Establish an amount of $49,000 (10%) to cover the cost of unforeseen work not included in the
original contract; and
d) Approve Budget Amendment No. 16BA-015, transferring $50,000.00 in project savings from
Account No. 01001927-980000-15R04 (2014-2015 Citywide Slurry Seal Program) to Account
No. 01001927-980000-16E11 (Concrete Pavement Replacement).
14. Amendment of Professional Service Agreement with T&B Planning for Environmental
Services for the Proposed 150 Newport Center Project Located at 150 Newport Center Drive
(PA2014-213)
Approve the amendment to the Professional Services Agreement, and authorize the Mayor and
City Clerk to execute the agreement.
15. Animal Sheltering Services
Authorize the Mayor to sign a contract with Home Free Animal Sanctuary, 20302 Riverside Drive,
Newport Beach, CA 92660 for $60,000 per year.
16. Contract for Veterinary Services
Authorize the Mayor to sign the Professional Services Agreement with Mariner’s Mile Pet Clinic for
Veterinary Services at the City's contract Animal Shelter.
MISCELLANEOUS
17. Planning Commission Agenda for the November 19, 2015 Meeting
Receive and file.
18. Confirmation of Appointments to the Newport Beach Restaurant Association Business
Improvement District Advisory Board of Directors
Appoint Alexandra Robinson representing Back Bay Bistro, and Christopher Roman, representing
Cucina Enoteca, to fill the unexpired balance of Cindy O’Shea and Alexandra Robinson’s terms on
the Newport Beach Restaurant Association Business Improvement District Advisory Board of
Directors which expire on June 30, 2016.
19. Acceptance of the 2014 Emergency Management Performance Grant from the Federal
Emergency Management Agency (FEMA)
a) Accept the grant funding in the amount of $10,712 used in support of the City’s emergency
management program; and
b) Approve Budget Amendment No. 16BA-017 to accept grant funds from the Federal
Emergency Management Agency (FEMA) through the County of Orange, increase revenue
estimates by $10,712 in account 01040403-431250, and increase expenditures appropriations
by $10,712 in account 01040403-821005.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED
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November 24, 2015
Page 6
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
XVI. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Public comments are invited from members of the audience and from the teleconference location 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
21. Former City Hall Complex Land Use and Zoning Amendments for the Lido House Hotel
Located at 3300 Newport Boulevard and 475 32nd Street, and Authorization of Fostering
Interest in Nature Program
a) Conduct a public hearing;
b) Find that all significant environmental concerns for the proposed project have been addressed
in the previously certified Lido House Hotel Final Environmental Impact Report
(SCH#2013111022), and that the changes reflective of the Coastal Commission’s certification
of LCP-5-NPB-14-0831-3 are not substantial, as they do not involve new significant effects or
a substantial increase in the severity of previously identified significant effects, and therefore,
a subsequent environmental analysis does not need to be prepared;
c) Find the FiiN program is not subject to the California Environmental Quality Act (“CEQA”)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3;
d) Adopt Resolution No. 2015-104, A Resolution of the City Council of the City of Newport
Beach, California, Accepting the Suggested Modifications from the California Coastal
Commission (LCP-5-NPB-14-0831-3) and Approving Revised General Plan Amendment No.
GP2012-002 and Revised Coastal Land Use Plan Amendment No. LC2012-001 for the
Former City Hall Complex Located at 3300 Newport Boulevard and 475 32nd Street (PA2012-
031);
e) Introduce Ordinance No. 2015-35, An Ordinance of the City Council of the City of Newport
Beach, California, Approving Zoning Code Amendment No. CA2012-003 for the Former City
Hall Complex Located at 3300 Newport Boulevard and 475 32nd Street (PA2012-031), and
pass to second reading on December 8, 2015;
f) Direct staff to take the necessary steps to develop and implement a new recreation program
called “Fostering Interest In Nature (FiiN)” and develop a Memorandum of Understanding with
the California Coastal Commission to operate the program in accordance with Coastal
Development Permit No. 5-14-1785 (CDP) for the Lido House Hotel; and
g) Approve Budget Amendment No. 16BA-012 in the amount of $1,415,232 establishing a new
restricted reserve fund for the FiiN Program.
22. Annual Reporting on Development Impact Fees & Development Agreements
Receive, review and file the Annual Reports on Development Impact Fees, and Development
Agreements.
XIV. CURRENT BUSINESS
23. Project Concept Approval for the Replacement of the Corona del Mar Fire Station No. 5 and
Branch Library
a) Approve floor plan option D-4, and rendering Option 3 as the preferred floor plan layout and
exterior architectural style Concept for the Corona del Mar Fire Station No. 5 and Branch
Library replacement; and
b) Establish a total project budget goal at a not-to-exceed cost of $8,000,000.
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November 24, 2015
Page 7
24. Cooperative Agreement with the County for Mooring Management Services in Newport
Harbor
Approve and authorize the Mayor and City Clerk to execute the Cooperative Agreement with the
County of Orange for Mooring Management in Newport Harbor for five (5) years.
25. Award of Affordable Housing Fund
a) Find the projects to be funded to be categorically exempt pursuant to Title 14 of the California
Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of
the California Environmental Quality Act) under Class 1 (Existing Facilities);
b) Approve and authorize the Mayor and City Clerk to execute the agreement with Community
Development Partners and approve Budget Amendment No. 16BA-013, transferring
$1,975,000 from the Affordable Housing Reserve Account to fund the Newport Shores Project;
c) Approve and authorize the Mayor and City Clerk to execute the agreement with Habitat OC
Partners and approve Budget Amendment No 16BA-013, transferring up to a maximum
$600,000 from the Affordable Housing Reserve Account to fund the Senior Home Repair
Program; and
d) Authorize staff to negotiate an agreement with Seaview Lutheran Plaza for the remaining
balance of approximately $1.6 million of the Affordable Housing Fund for the proposed
renovations and accessibility improvements.
26. Landscape Maintenance Agreement for Parks and Facilities
a) Approve and authorize the Mayor and City Clerk to execute the Maintenance Agreement with
Mariposa Landscapes, Inc. for Landscape Maintenance of City Parks and Facilities for an
amount not to exceed $1,975,000 per year; and
b) Approve Budget Amendment No. 16BA-014, appropriating an additional $165,397 into the FY
15-16 Parks Division budget.
27. Professional Services Agreement - Civic Center Audit
a) Authorize the Mayor and City Clerk to execute the professional services agreement with RW
Block Consulting, Inc.; and
b) Approve Budget Amendment No. 16BA-016, to increase expenditure appropriations by
$612,920 from the General Fund unappropriated fund balance to the City Council’s budget for
professional and technical services, 01005005-811008.
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 – In memory of Dan Steele
NOTE: PURSUANT TO GOVERNMENT CODE SECTION 54953(b), THIS MEETING WILL INCLUDE
TELECONFERENCE PARTICIPATION BY COUNCIL MEMBER SCOTT PEOTTER FROM THE ADDRESS
LISTED ON THE FIRST PAGE. THE NOTICE AND AGENDA WILL BE POSTED AT THE TELECONFERENCE
LOCATION AND PUBLIC COMMENT FROM SUCH ADDRESS SHALL BE ALLOWED.
Testimony given before the City Council is recorded.
The timing light will turn yellow when the speaker has one minute left.
The timing light will turn red when the speaker has 10 seconds left.
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.
DECLARATION OF POSTING
On _11/24/2015 , at
_noon a.m./p.m., under penalty of perjury, I posted the agenda for the November
24, 2015, City Council Closed Session and Regular Meeting pursuant to the Brown Act, on the
door of the teleconferencing site at:
9809 SW QUAIL POST ROAD
PORTLAND, OR 97219
Posted by:
Scott Peotter
Council Member
City of Newport Beach