HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION
AND
REGULAR MEETING
JULY 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
JULY 25, 2017
STUDY SESSION - 4:00 P.M./CLOSED SESSION - AFTER STUDY SESSION/
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I. ROLL CALL - 4:00 p.m.
Il. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Presentation of Small Business of the Year Award by Assemblyman Matt Harper
SS3. Presentation to Russell Surfboards on Their 50th Anniversary
SS4. Friends of the Library Check Presentation
SS5. Newport Beach and Company/Visit Newport Beach Annual Report/Presentation
SS6. Summary of Sewer Rate Proposal
Utilities staff will update the City Council on the status of the City's wastewater enterprise
fund, as well as a proposal to increase and modify wastewater rates to adequately maintain
reserves, capital investment, and meet operational needs.
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)
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 Police Association (NBPA); and Newport Beach
Police Management Association (NBPMA).
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2) (e)(1)): 2 matters
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 2807 Newport Boulevard, Newport Beach, CA 92663
(APN 047-0310-22)
Agency Negotiator: Seimone Jurjis, Assistant Community Development Director
Lauren Wooding, Real Property Administrator
Negotiating Party: MNG Newport Beach, LLC
Under Negotiation: Instruct negotiator as to price and terms of payment.
City Council Meeting
July 25, 2017
Page 2
D. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
County of Orange v. Air California; City of Newport Beach v. County of Orange, et al.
U.S. District Court Case No. CV 85-1542 TJH (MCx)
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
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VIII. CLOSED SESSION REPORT
IX. PLEDGE OF ALLEGIANCE
X. INVOCATION - Pastor Jordan Hansen, Newport Mesa Church
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
Moving the Finance Committee's Citizen Appointees to Terms that Align with Fiscal
Years; Correcting the Times at which the Finance Committee Meets (O'Neill)
Future Study Session on Drone Policies, Including Policies in Other Cities (Dixon, Peotter)
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.
City Council Meeting
July 25, 2017
Page 3
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the July 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.
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3. Employment Agreement with Charles Duncan for Fire Chief Services
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. 2017-46, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the City Manager to Execute an Employment Agreement Between the
City of Newport Beach and Charles Duncan for the Services of Fire Chief and to Adjust the
Salary Range for Fire Chief Commensurate with the Employment Agreement.
4. Resolution No. 2017-47: Adopting a Memorandum of Understanding with the Association
of Newport Beach Ocean Lifeguards (ANBOL) and Establishing Salary Ranges
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. 2017-47, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Memorandum of Understanding Between the City of Newport Beach
and the Association of Newport Beach Ocean Lifeguards and to Adjust the Salary Ranges
to be Commensurate with the Contract Provisions, for the period July 1, 2017 through
June 30, 2021 and establishing salary ranges for the Lifeguard I, 11 and III classifications.
5. Resolution No. 2017-48: Reimbursement for Assessment District Project Costs Incurred
Prior to Issuance of Tax Exempt Obligations
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. 2017-48, A Resolution of the City Council of the City of Newport Beach,
California, Regarding its Intention to Recover Costs Associated with the Issuance of Tax
Exempt Obligations for Assessment Districts.
CONTRACTS AND AGREEMENTS
6. Contract Approval for Public Safety Helicopter Services Between the Cities of Newport
Beach and Huntington Beach
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 the services agreement for public safety helicopter support between the City of
Huntington Beach and the City of Newport Beach ("Agreement'), and authorize the Mayor to
execute the Agreement on behalf of the City.
City Council Meeting
July 25, 2017
Page 4
7. School Resource Officer Program Agreement
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 Agreement between the City of Newport Beach and the Newport -Mesa Unified
School District to participate in the School Resource Officer Program ("Agreement"), and
authorize the Mayor to execute the Agreement on behalf of the City.
8. Agreement for On -Call Streetlight Electrical Repair Services with Siemens Industry, 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; and
b) Approve the agreement with Siemens Industry, Inc. for on-call streetlight electrical repair
services for a five-year term for a not to exceed amount of $2,500,000, and authorize the
Mayor and City Clerk to execute the agreements.
9. Agreement with ES Engineering Services, LLC for Landfill Gas Control System Operation
and Maintenance Services at Newport Terrace Landfill
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 Mayor to execute a professional services agreement with
ES Engineering Services LLC for an amount not to exceed $472,500 over a three-year
contract term.
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10. Planning Commission Agenda for the July 20, 2017 Meeting
Receive and file.
11. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library
and Appropriate Funds to the Library's Fiscal Year 2017/2018 Maintenance and Operation
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 Budget Amendment No. 18BA-001 to increase revenue estimates by $250,000 in
Account 0106052-511080 (Friends of the Library Donations) and to increase expenditure
estimates by the same amount in Division 0106052 (Friends of the Library) and Division
01060604 (Literacy Services):
Increase expenditure accounts:
0106052-841052 Library Materials $190,000
0106052-841004 Programming $ 55,000
01060604-841004 Literacy Programming $ 4,000
01060604-841052 Literacy Materials 1,000
Total $250,000.
12. Newport Coast Local Coastal Program and Planned Community Amendments Initiation
a) Find that the action is not subject to the California Environmental Quality Act pursuant to
Sections 15060(c)(2) and 15060(c)(3); and
b) Initiate amendments to the City's certified Local Coastal Program and the Newport Coast
Planned Community Development Plan to incorporate Newport Coast into the City's certified
Local Coastal Program.
City Council Meeting
July 25, 2017
Page 5
13. Establish Pilot Program Allowing A -frame Signs in Lido Marina Village and Initiate Zoning
Code Amendment Allowing A -frames Long -Term (PA2014-054)
a) Find the project is categorically exempt under Section 15303, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 3 (Construction or Conversion of Small
Structures);
b) Establish a one-year pilot program allowing A -frame signs in Lido Marina Village, subject to
Zoning Code Section 20.42.090G; and
c) Initiate an amendment to the Newport Beach Municipal Code allowing A -frame signs in Lido
Marina Village.
14. Proposed Sewer Rates
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) Review the results and proposed recommendations of the sewer rate study;
c) Direct staff to send rate notices to customers in compliance with Proposition 218; and
d) Set the date of September 12, 2017, for tabulation of protests and conduct a public hearing
of proposed rates.
15. Newport Beach & Company's 2018 Destination Marketing Plan Supplement, the FY 2017-
2018 Visit Newport Beach, Inc. Budget, and the Newport Beach Tourism Business
Improvement District Fiscal Year 2017-2018 Annual Report and 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;
b) Authorize a waiver of the timelines provided in Section 6 of the Agreement;
c) Receive and file Newport Beach & Company's 2018 Destination Marketing Plan Supplement
and the Performance Standards Report;
d) Review and approve, as presented, VNB's FY 2017-2018 budget;
e) Review and approve, as presented, NBTBID's FY 2017-2018 Annual Report; and
f) Review and approve, as presented, NBTBID's FY 2017-2018 budget.
16. Annual Formal Reporting of Council Discretionary Funds
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) Receive and file.
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
City Council Meeting
July 25, 2017
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17. Resolution Amending Rent for Commercial Tidelands Uses in Newport Harbor
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as defined
in Section 15378) of the CEQA Guidelines, because this project has no potential to have a
significant effect on the environment; and
c) Adopt Resolution No. 2017-49, A Resolution of the City Council of the City of Newport Beach,
California, Adjusting the Rent Charged for Commercial Uses Located Upon Tidelands.
18. Amendment to Local Coastal Program to Establish a Comprehensive Program for
Properties Along East Ocean Front to Allow Encroachments and to Remove Unpermitted
Development Beyond the Encroachment Area (PA2013-057)
a) Conduct a public hearing;
b) Determine that the Local Coastal Program amendment, per California Public Resources
Code Section 21080.9 and California Environmental Quality Act ("CEQA") Regulation
Section 15265, exempts local governments from the requirements of preparing an
environmental impact report or otherwise complying with CEQA in connection with the
adoption of a Local Coastal Program;
c) Adopt Resolution No. 2017-50, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Submittal of Local Coastal Program Amendment No. LC2013-002
Establishing the East Ocean Front Encroachment and Removal and Replacement Program;
and
d) Authorize staff to submit the Local Coastal Program Amendment and the East Ocean Front
Comprehensive Encroachment and Removal and Replacement Program to the California
Coastal Commission for review and action.
19. Amendments to the City's Regulations Regarding Accessory Dwelling Units (PA2017-
069)
a) Conduct a public hearing;
b) Find this project statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15282(h) of the CEQA Guidelines, which states that the adoption of an
ordinance regarding second units to implement the provisions of Sections 65852.1 and
65852.2 of the Government Code are exempt from the requirements of CEQA;
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2017-
11, An Ordinance of the City Council of the City of Newport Beach, California, Adopting
Zoning Code Amendment No. CA2017-003 to Implement New State Law Requirements
Relating to Accessory Dwelling Units (PA2017-069), and pass to second reading on
August 8, 2017; and
d) Adopt Resolution No. 2017-51, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Submittal of Local Coastal Program Amendment No. LC2017-003
to the California Coastal Commission Implementing New State Law Requirements Relating
to Accessory Dwelling Units (PA2017-069).
20. Adoption of the Complementary Paratransit Plan for the Balboa Peninsula Trolley and an
Update on Ridership
a) Conduct a public hearing;
b) Find this action exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result
in a physical change to the environmental, directly or indirectly;
c) Adopt a Complementary Paratransit Plan as required by the Americans with Disabilities Act
(ADA) and the Orange County Transportation Authority (OCTA) 2016 Project V Grant for the
fixed -route local transit service (the Balboa Peninsula Trolley); and
d) Receive and file report on Balboa Peninsula Trolley use statistics.
City Council Meeting
July 25, 2017
Page 7
XX. CURRENT BUSINESS
21. Appointment of New Civil Service Board Member to Fill the Unscheduled Vacancy on the
Civil Service Board
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) Appoint 1) Howard Herzog, 2) Hugh Logan or 3) Julia Morton, as ranked by the Police and
Fire associations, to fill the unexpired balance of Doug Wood's term, which expires on
June 30, 2020.
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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.
XXIL 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