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Home My WebLink About00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING APRIL 25, 2017 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 4:00 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 APRIL 25, 2017 STUDY SESSION - 4:00 P.M./CLOSED SESSION - AFTER 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. MADD Presentation SS3. Poppy Month Proclamation SS4. Child Abuse Prevention Month SS5. Autism Awareness Proclamation SS6. Orange County Water District Regarding the Orange County Water Basin Representatives of OCWD will brief the Council about the status of the drought, including local impacts to the groundwater basin from which Newport Beach gets about 65-70% of our drinking water. SS7. City's Emergency Management Update Emergency Preparedness Coordinator Katie Eing will report to the Council on actions that City staff and others take to serve the community during a natural or other disaster. 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 REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 3300 Newport Boulevard, Newport Beach, California Agency Negotiator: Lauren Wooding-Whitlinger, Real Property Administrator Negotiating Party: Lido House, LLC Under Negotiation: Instruct Negotiator as to Price and Terms of Payment B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION—INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 1 matter City Council Meeting April 25, 2017 Page 2 C. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter D. 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, Esq., Negotiators. Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL) and Newport Beach Police Association (NBPA). E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957 (b)(1)) Title: Dave Kiff, City Manager Aaron C. Harp, City Attorney Leilani Brown, City Clerk F. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6 (a)) Agency Designated Representative: Council Member Diane Dixon Unrepresented Employees: Dave Kiff, City Manager, Aaron C. Harp, City Attorney, and Leilani Brown, City Clerk. 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. 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. City Council Meeting April 25, 2017 Page 3 XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA Parking Strategies for the Peninsula, Mariners Mile (Dixon) Regulations Relating to Food Trucks, Including on the Newport Pier (Peotter) Relocation of the Statue Honoring Ronald Reagan from Bonita Canyon Sports Park to Civic Center Park (Muldoon) Advocacy Positions on Pension Reform Bills Authored by State Senator John MW Moorlach (Dixon) EI►1rJ11IIIIIIIIIIIall --] 100161LTA ILY, 1:0111&KelzKeel ZM=1Z11t07_1M:I►117_1V This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 11). 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. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the April 11, 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. Waterfront Project Guidelines and Standards - Harbor Design Criteria, Commercial & Residential Facilities: Second Reading 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. Alternatively, determine this action is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment; and b) Conduct second reading and adopt Ordinance No. 2017-8, An Ordinance of the City Council of the City of Newport Beach, California, Deleting Newport Beach Municipal Code Subsection 17.01.030(A)(2) and Amending Newport Beach Municipal Code Subsections 17.01.030(D)(1), 17.35.010(A), 17.50.040(A) and 17.50.050(D) Relating to the City's Waterfront Project Guidelines and Standards, Harbor Design Criteria - Commercial and Residential Facilities. City Council Meeting April 25, 2017 Page 4 4. Second Reading and Adoption of Ordinance 2017-9 Amending the Coastal Implementation Plan for the Lido House Hotel Floor Area Expansion, Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061) a) Find that all significant environmental concerns for the proposed project have been addressed in previously certified environmental documents; and b) Conduct second reading and adopt Ordinance No. 2017-9, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Local Coastal Program Amendment No. LC2016-001 as Modified by the California Coastal Commission Related to the CV -LV Coastal Zoning District for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061). RESOLUTIONS FOR ADOPTION 5. Adoption of Resolution Repealing Resolution No. 2016-87, which Declared a Level Two Water Supply Shortage 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) Adopt Resolution No. 2017-28, A Resolution of the City Council of the City of Newport Beach, California, Repealing Resolution No. 2016-87, Which Declared a Level Two Water Supply Shortage. 6. Resolution 2017-29 — Adopting a Revised City Council Policy A-19 (Guidelines for Invocations) 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. 2017-29, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Revised City Council Policy Regarding Invocations. CONTRACTS AND AGREEMENTS 7. Newport Heights Sewer Improvements — Notice of Completion for Contract No. 7028-2 (Project No. 17S03) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On June 28, 2016, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 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. Approval of Amendment No. One to Agreement with Orange County Sanitation District (OCSD) for Dry Weather Urban Runoff Discharges from Big Canyon Creek to Sanitary Sewer 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 Amendment No. One to the Dry Weather Urban Runoff Discharge Agreement with OCSD (Amendment) to allow operation and maintenance of two dry -weather diversions from Big Canyon Creek to the sanitary sewer; and c) Authorize the City Manager and City Clerk, to approve future Amendments to the Dry Weather Urban Runoff Discharge Agreement. City Council Meeting April 25, 2017 Page 5 9. Approval and Award of Network Wiring and Cabling Services Contract 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 and Approve the Contract to Pacific Coast Cabling. MISCELLANEOUS 10. Planning Commission Agenda for the April 20, 2017 Meeting Receive and file. 11. Designation of Applicant's Agents for Federal and State Financial Disaster Assistance 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 Cal OES Form 130, authorizing the City Manager, the Finance Director or Municipal Operations Directors to execute California Office of Emergency Services (Cal OES) and/or Federal Emergency Management Agency (FEMA) documents for present and future disaster relief applications. 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 ITEM 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 12. Bonita Canyon Sports Park Pickleball Courts —Award of Contract No. 8130-2 (17P12) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing facilities) based on the project is a minor alteration of a public facility involving negligible expansion 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 drawings and specifications; c) Award Contract No. 8130-2 to Green Giant Landscape, Inc. (Green Giant) for the total bid price of $531,100.00, and authorize the Mayor and City Clerk to execute the contract; d) Establish $53,900.00, approximately 10 percent, contingency amount to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 17BA-031 appropriating $303,000.00 from the Contributions (Park Fees) unappropriated fund balance to Account No. 13501-980000- 17P12. 13. Changing the Name of "Ensign View Park" to "John Wayne Park" to Honor the Former Resident a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) because this action will not result in a physical change to the environment, directly or indirectly; City Council Meeting April 25, 2017 Page 6 b) Waive the requirements set forth in City Council Policy B-9, Naming of City Parks and Facilities, to allow the City Council to rename "Ensign View Park" to "John Wayne Park;" and c) Adopt Resolution No. 2017-30, A Resolution of the City Council of the City of Newport Beach, California, Changing the Name of Ensign View Park to John Wayne Park to Honor the Former Resident. 14. Changing the Name of "Balboa Island Park" to "Ralph Rodheim Park" to Honor the Former Resident a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) because this action will not result in a physical change to the environment, directly or indirectly; b) Waive the requirements set forth in City Council Policy B-9, Naming of City Parks and Facilities, to allow the City Council to rename "Balboa Island Park" to "Ralph Rodheim Park;" and c) Adopt Resolution No. 2017-31, A Resolution of the City Council of the City of Newport Beach, California, Changing the Name of Balboa Island Park to Ralph Rodheim Park to Honor the Former Resident. 15. Appointments to the Harbor Commission 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) Make appointments from nominees Ira Beer, Scott Cunningham, Jamshed Dastur, John Drayton, Paul Prioleauto or Donald Yahn to fill the two vacancies on the Harbor Commission; and c) Determine if the term for one of the new Harbor Commissioners should expire on June 30, 2017 or be extended to June 30, 2021. 16. Amended and Restated Employment Agreements for the City Manager, City Attorney, and City Clerk 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 and authorize the Mayor to execute the Fifth Amended and Restated Employment Agreement between the City of Newport Beach and Dave Kiff, City Manager, subject to the terms and conditions approved by the City Council; c) Approve and authorize the Mayor to execute the Fourth Amended and Restated Employment Agreement between the City of Newport Beach and Aaron Harp, City Attorney, subject to the terms and conditions approved by the City Council; d) Approve and authorize the Mayor to execute the Fourth Amended and Restated Employment Agreement between the City of Newport Beach and Leilani Brown, City Clerk, subject to the terms and conditions approved by the City Council; and e) Adopt Resolution No. 2017-32, A Resolution of the City Council of the City of Newport Beach, California, Modifying the Salary Range for the City Clerk and Establishing the Auto Allowances for the City Manager, City Attorney, and City Clerk. 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 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