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HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING NOVEMBER 14, 2017 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. 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, 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 NOVEMBER 14, 2017 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. Recognition to OC Books on the Run Recognition of a local program that collects books to benefit local charities. SS3. Comprehensive General Plan Update (PA2017-141) The Community Development Department will ask for City Council and community feedback on the proposed public process as the 2006 Newport Beach General Plan is updated. SS4. Harbor Operations Update The City Manager, Public Works staff, and Harbormaster will brief the City Council on the City's actions since July 1, 2017, and the City's administration of moorings (and more) in Newport Harbor. Staff will also talk about options for expanding the program into other areas. 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, Brian P. Walter 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 November 14, 2017 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 ANTICIPATED LITIGATION — INITIATION OF LITIGATION (Government Code § 54956.9(d)(4): 1 matter D. 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 VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. INVOCATION - Pastor Mark Whitlock, Christ Our Redeemer Church 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. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Asking the City Manager to return with a strategy for improving our response to homelessness concerns, given potential changes to camping activities at the Santa Ana River (Dixon) City Council Meeting November 14, 2017 Page 3 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. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the October 24, 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. 3. Resolution to Amend Recycled Water Commodity Charge 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. 2017-69, A Resolution of the City Council of the City of Newport Beach, California, Amending the Recycled Water Commodity Charge Effective January 1, 2018. 4. Resolution in Support of the California WaterFix and California EcoRestore a) Determine that the action is exempt from the California Environmental Quality Act (CEQ) 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. 2017-70, A Resolution of the City Council of the City of Newport Beach, California, Supporting the California WaterFix for Improvements to the Sacramento -San Joaquin Delta Water Delivery System and the California EcoRestore Program for Delta Habitat Restoration. 5. Approval of Measure M2 Expenditure Report 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. 2017-71, 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, 2017, subject to technical revisions to conform to OCTA guidelines. 6. Adopt Resolution No. 2017-72 for Acceptance of Grant Funding for the Surrendered and Abandoned Vessel Exchange (SAVE) Program from the Division of Boating and Waterways City Council Meeting November 14, 2017 Page 4 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) Adopt Resolution No. 2017-72, A Resolution of the City Council of the City of Newport Beach, California, Accepting a Grant from the State of California Department of Parks and Recreation Division of Boating and Waterways for the Surrendered and Abandoned Vessel Exchange Program; and c) Approve Budget Amendment No. 18BA-014 recognizing $125,000 in grant revenue from the California Division of Boating and Waterways (13501-431385-18H11) and appropriating $125,000.00 to Account No. 13501-980000-18H11 (Abandoned Watercraft Abatement). r�•1rrr:�-r�►��-�►m�-r�:�aa► �larr�� 7. Corona del Mar Concrete Pavement Reconstruction — Poppy Avenue and Ocean Boulevard — Notice of Completion Contract No. 6189 (15R14) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On December 13, 2016, the project was found to be exempt from the California Environmental Quality Act (CEQA) pursuant to 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. Professional Service Agreement with PlaceWorks for Environmental Services for the Newport Crossings Project Located at 1701 Corinthian Way (PA2017-107) 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 Professional Services Agreement and authorize the Mayor and City Clerk to execute the agreement. 9. Investment Advisor Contract with Chandler Asset Management 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 a five-year professional service contract for investment advisory services with Chandler Asset Management in a not -to -exceed contract of $675,000. WPrd4 9 "M IX011M 10. Planning Commission Agenda for the November 9, 2017 Meeting Receive and file. 11. Appointment to the Aviation Committee 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) Confirm Council Member Peotter's appointment of G. Scott Bergey as the District 6 Alternate Member to the Aviation Committee. 12. Transfer of Park -In -Lieu Reserves for Playground Improvements a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines because this project has no potential to have a significant effect on the environment; and City Council Meeting November 14, 2017 Page 5 b) Approve Budget Amendment No. 18BA-011 to transfer $200,000 in Park In -Lieu reserves from Fund 513 to the Playground Refurbishment CIP project (56201-980000-18P01) in Fund 562 for purchase and installation of playground shade structures, play elements and surfacing improvements. 13. Cultural Arts Grants 2017/18 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 recommended recipients for FY 2017/18 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Council Policy 1-10 — Financial Support for Culture and the Arts. 14. Approval of the Corona del Mar Business Improvement District's Revised Fiscal Year 2017-2018 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 the revised FY 2017-2018 budget for the Corona del Mar Business Improvement District. 15. Annual Reporting on Development Impact Fees & Development Agreements 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, review and file the Annual Reports on Development Impact Fees. 16. Approval of Budget Amendment for Paramedic Training 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 Budget Amendment No. 18BA-012 appropriating $95,000 from the General Fund unappropriated surplus fund balance to account 01040401-713003. 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 XIX. CURRENT BUSINESS 17. Citywide ADA Curb Access Ramp Improvements — Award of Contract No. 7154-1 (18R11) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) Class 2, (reconstruction of existing facility involving negligible or no expansion of capacity) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; City Council Meeting November 14, 2017 Page 6 b) Approve the project plans and specifications; c) Award Contract No. 7154-1 to Victor Concrete, Inc. for the total bid amount of $1,239,100.00, and authorize the Mayor and City Clerk to execute the contract; and d) Approve Budget Amendment No. 18BA-013 appropriating $65,755.00 from the Community Development Block Grant unappropriated fund balance to Account No. 12001-980000- 18R11 and transferring $7,335.00 from project savings from Account No. 01201927-980000- 15R14 (Concrete Replacement Program) to Account No. 01201927-980000-18R11 for Citywide ADA Improvements. 18. General Plan Update Process (PA2017-141) a) Determine the recommended action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because the recommended action has no potential to have a significant effect on the environment; b) Initiate the General Plan update process; c) Adopt Resolution No. 2017-73, A Resolution of the City Council of the City of Newport Beach, California, Establishing the General Plan Steering Committee (Steering Committee) and the General Plan Advisory Committee (GPAC) to Assist in a Comprehensive Review and Update of the General Plan; d) Authorize the Mayor to appoint the following members to the Steering Committee: City Council Members William O'Neill and Jeff Herdman, and former Mayor Nancy Gardner, and appoint a chairperson; and e) Authorize the City Clerk to begin accepting applications for the GPAC, and forward the applications for review by the Steering Committee. �,1011IQkg1*01:A0x01011!69117:1 111101 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 Gary Dee Johnson 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