HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION
AND
REGULAR MEETING
MAY 24, 2016
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
REGULAR MEETING 4:00 P.M./STUDY SESSION - 4:05 P.M./
JOINT MEETING WITH THE FINANCE COMMITTEE - 4:05 P.M. (SEPARATE AGENDA)/
CLOSED SESSION - CANCELLED/REGULAR MEETING - 7:00 P.M.
DIANE B. DIXON, Mayor
KEVIN MULDOON, Mayor Pro Tem
KEITH D. CURRY, Council Member
DUFFY DUFFIELD, Council Member
EDWARD D. SELICH, 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
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 addressing the
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.
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, 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. 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 when 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 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
MAY 24, 2016
REGULAR MEETING 4:00 P.M./STUDY SESSION - 4:05 P.M./
JOINT MEETING WITH THE FINANCE COMMITTEE - 4:05 P.M. (SEPARATE AGENDA)/
CLOSED SESSION - CANCELLED/REGULAR MEETING - 7:00 P.M.
REGULAR MEETING ROLL CALL - 4:00 p.m.
CURRENT BUSINESS
John Wayne Day
a) Waive City Council Policy A-6 relating to how a City Council Member may place an item on the
regular City Council Meeting Agenda; if waived:
b) Adopt Resolution No. 2016-62, A Resolution of the City Council of the City of Newport Beach,
California, Recognizing May 26 as John Wayne Day; and
c) Determine that the adoption of Resolution No. 2016-62 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.
III. ADJOURN TO THE JOINT MEETING WITH THE FINANCE COMMITTEE - 4:05 p.m.
A. FY 2016-17 Budget Overview, Including Checklist, CIP, and Allocation of Fund Balance
from Close of FY 2015-16 (This will be discussed during a Joint Meeting with the
Finance Committee - See separate agenda)
IV. CALL STUDY SESSION TO ORDER
V. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Presentation Recognizing "Poppy Month"
SS3. Presentation by the Waste Not OC Coalition
SS4. Pacific Coast Highway Corridor Study: Presentation by the Orange County
Transportation Authority (OCTA)
Staff from the OCTA will present their analysis and findings relating to a comprehensive study
of mobility along PCH between Seal Beach and San Clemente, with a focus on Newport
Beach's stretch of PCH.
SS5. Traffic and Land Use Issues along Mariners' Mile
The stretch of West Coast Highway between Dover Drive and Newport Boulevard, called
Mariners' Mile, varies in lanes, speed, and structure. Land uses along Mariners' Mile are in
part tied to West Coast Highway, in that the ultimate width of the highway may determine
which land uses work best. City Public Works staff will ask for Council and community
feedback on the width and lane configurations for the future of Mariners' Mile.
VI. 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.
City Council Meeting
May 24, 2016
Page 2
VII. RECESS
VIII. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
IX. ROLL CALL
X. PLEDGE OF ALLEGIANCE - Girl Scout Troop 2917
XI. INVOCATION
XII. PRESENTATIONS
Recognition of "John Wayne Day," Including Presentation/Comments by Board of
Supervisor Michelle Steel (If approved earlier in the afternoon/short recess after)
XIII. 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.
XIV. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM)
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Limitation on Debt Issuance as a Percentage of City General Revenue Fund, Non -Callable Debt:
Charter Amendment (Peotter)
Dog Beach (Curry)
XVI. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the Consent Calendar for discussion
(Items 2 - 12). Public comments are invited on Consent Calendar from members of the audience.
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.
XVII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
2. Minutes for the May 10, 2016 Study Session and Regular Meeting
Waive reading of subject minutes, approve as written, and order filed.
City Council Meeting
May 24, 2016
Page 3
3. 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
4. Resolution of Intention to Renew the Corona del Mar Business Improvement District and
Levy Assessments in Fiscal Year 2016-2017
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 the Corona del Mar Business Improvement District Fiscal Year 2015-2016 Annual
Report; and
c) Adopt Resolution No. 2016-63, A Resolution of the City Council of the City of Newport Beach,
California, Declaring its Intention to Renew the Corona del Mar Business Improvement District
and Levy Assessments for the Fiscal Year of July 1, 2016 to June 30, 2017, and Fix the Time
and Place of a Public Hearing for June 14, 2016.
5. Resolution of Intention to Renew the Newport Beach Restaurant Association Business
Improvement District and Levy Assessments in Fiscal Year 2016-2017
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 the Newport Beach Restaurant Association Business Improvement District Fiscal
Year 2015-2016 Annual Report; and
c) Adopt Resolution No. 2016-64, A Resolution of the City Council of the City of Newport Beach,
California, Declaring its Intention to Renew the Newport Beach Restaurant Association
Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2016 to
June 30, 2017, and Fix the Time and Place of a Public Hearing for June 14, 2016.
6. Establish a Trial Anchorage Area West of Lido Isle — Harbor Commission Recommendation
a) Find the approval of this resolution exempt from the California Environmental Quality Act
("CEQA") pursuant to: (1) Section 15303 because it involves the construction and location of
limited numbers of new small facilities, which are four buoys with weights and associated
hardware; (2) Section 15304 minor alteration of water in Newport Harbor through the
placement of a temporary anchorage area; (3) Section 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment); and (4)
Section 15061(b)(3) because it has no potential for causing a significant effect on the
environment, 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) Adopt Resolution No. 2016-65, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Establishment of a Temporary Trial Anchorage in the Newport
Harbor Turning Basin.
CONTRACTS AND AGREEMENTS
7. Approval and Award of Copier Maintenance Contract
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) Authorize the Mayor and City Clerk to sign a five-year contract with Sema, Inc. for copier
maintenance services in the amount of $314,116.26.
City Council Meeting
May 24, 2016
Page 4
8. Professional Services Agreement to Develop a Revitalization Master Plan for Mariners' Mile
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) Award Professional Services Agreement to PlaceWorks in the amount of $206,922, and
authorize the Mayor and the City Clerk to execute the contract; and
c) Approve Budget Amendment No. 16BA-041 transferring $64,610 from Services Professional &
Technical NOC (Account No. 0105042-811008) to the Mariners' Mile Highway
Configuration/Land Use Review (Account No. 01001928-980000-15T06); and transferring
$51,770 from City Manager Professional Services (Account No. 01020005-811008) to the
Mariners' Mile Highway Configuration/Land Use Review (Account
No. 01001928-980000-15T06).
9. Agreement for the Purchase of a CNG 3 -Axle Dump Truck
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 an agreement for the purchase of one CNG -powered, 3 -axle dump truck from
Los Angeles Truck Centers, LLC dba Los Angeles Freightliner for a total cost of $228,917.02,
and authorize the Mayor and City Clerk to execute the agreement.
MISCELLANEOUS
10. Update on Water Use and Conservation Efforts April 2016
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 and file.
11. 2015 Urban Water Management Plan
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) Receive the draft Urban Water Management Plan for review; and
c) Set the date of June 14, 2016 for a public hearing.
12. Set Public Hearing Date to Adopt Fiscal Year 2016-2017 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) Schedule a public hearing of the City's Proposed Budget for Fiscal Year 2016-2017 on June
14, 2016, and direct the City Clerk to publish a notice of said hearing in accordance with
Section 1102 of the Newport Beach Charter.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED
XVIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
XIX. 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.
City Council Meeting
May 24, 2016
Page 5
XX. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
XXI. CURRENT BUSINESS
13. Cameo Shores Pavement Reconstruction - Award of Contract No. 5891 (15R02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302 (replacement of existing facilities involving negligible 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 plans and specifications;
c) Award Contract No. 5891 to All American Asphalt for the total bid price of $3,363,363.00 and
authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $336,000.00 (approximately 10 percent) to cover the cost of
unforeseen work not included in the original contract; and
e) Approve Budget Amendment No. 16BA-042 transferring $233,000.00 from project savings
from 12201-980000-13R20 (Campus Dr, San Joaquin Hills Rd Overlay project) to Account No.
12201-980000-15R02 (Cameo Shores Pavement Reconstruction project); and transferring
project savings as follows: $42,000 from 12101-980000-15R12 (Bay Ave Area Pavement
Rehabilitation project); $49,000 from 12101-980000-15R03 (Sidewalk, Curb and Gutter
program); and $269,000 from 12101-9800000-15R11 (15th St, Balboa Blvd Reconstruction
project) to Account No. 12101-980000-15R02 (Cameo Shores Pavement Reconstruction
project).
14. Petition Certification for Proposed Underground Assessment District Nos. 114 (Area
Bounded by: Tustin Avenue / 15th Street / Irvine Avenue and Cliff Drive) and 114b (Area
Bounded by: Riverside Avenue / 15th Street / Tustin Avenue and Cliff Drive) and Approval
of Professional Services Agreement with Harris and Associates, Inc. (continued from May
10, 2016)
Should City Council waive current petition percentage guidelines and undertake a ballot vote as
requested by the proponents of Assessment District Nos. 114 and 114b, then:
a) Adopt Resolution No. 2016-56, A Resolution of the City Council of the City of Newport Beach,
California, Accepting Petition of Assessment District No. 114;
b) Adopt Resolution No. 2016-57, A Resolution of the City Council of the City of Newport Beach,
California, Accepting Petition of Assessment District No. 114b;
c) Approve Budget Amendment 16BA-040 appropriating the amount of $65,000, apportioned to
Assessment District No. 114 in Account No. 66402-941006 and $50,000, apportioned to
Assessment District No. 114b in Account No. 66502-941006 for assessment engineering
services. Should these Assessment District(s) fail to form, these expenditures will be covered
by the General Fund; and
d) Approve a Professional Services Agreement (PSA) for engineering services for Assessment
Districts Nos. 114 and 114b with Harris and Associates, Inc., at a not -to -exceed price of
$115,000, and authorize the Mayor and City Clerk to execute the Agreement on a form
approved by the City Attorney.
XXII. 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.
XXIII. ADJOURNMENT - In memory of James (Jimmy) Emmi
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.