HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION
AND
REGULAR MEETING
MAY 9, 2017
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
STUDY SESSION - 5:00 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
MAY 9, 2017
STUDY SESSION - 5:00 P.M./CLOSED SESSION - AFTER STUDY SESSION/
REGULAR MEETING - 7:00 P.M.
ROLL CALL - 5:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Harbor Capital Plan
Public Works staff will present the concepts and projects behind a long-term master plan for
investment in Newport Harbor's infrastructure, including dredging, sea walls, public docks,
and more.
SS3. Proposed FY18 CIP Budget
The Capital Improvement Program (CIP) is the document that lays out infrastructure
construction and repair for the coming budget year. It can include facilities, roads, alleys,
storm drains, water and wastewater lines, parks, and more. Public Works staff will
summarize the proposed Fiscal Year 2017-18 CIP for Council and community input as the
staff prepares the document for formal approval by June 2017.
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; Peter Brown, Esq., Negotiators.
Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL) and
Newport Beach Police Association (NBPA).
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code § 54957 (b)(1))
Title: Dave Kiff, City Manager
City Council Meeting
May 9, 2017
Page 2
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
19I Z193I SOI_M
VIII. CLOSED SESSION REPORT
IX. PLEDGE OF ALLEGIANCE
X. INVOCATION — Pastor Nate Furness, Costa Mesa Seventh -day Adventist 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
Sister City Update (Herdman)
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 - 15). 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 25, 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.
City Council Meeting
May 9, 2017
Page 3
RESOLUTION FOR ADOPTION
3. Establish a Trial Anchorage Area West of Lido Isle — Harbor Commission
Recommendation
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 and Section 15304 (minor alterations), Section 15060 (no direct
physical change in the environment); and Section 15061 because it has no potential for
causing a significant effect on the environment; and
b) Adopt Resolution No. 2017-33, 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
4. Balboa Ocean Pier Pile Repairs — Approval of Additional Work and Contract Contingency
— Contract No. 8188-2 (171-103)
a) Find this work exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) 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 additional storm repair work funding in the amount of $39,865.00 to be added to the
original Ocean Pier maintenance contract scope of work, for a new total contract amount of
$151,165.00; and
c) Approve a new total contingency amount of $15,000.00 (approximately 10%) of the amended
total contract scope of work to cover the cost of other unforeseen below -deck work that has
not been identified.
5. Approve Purchase Agreement with WatchGuard Video for an In -Car Video System
a) Determine 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) Waive the contract procurement requirements of City Council Policy F-14 and approve a
single source selection based on a competitive Request for Proposals (RFP) process
conducted by the City of Tustin in 2016; and
c) Approve a purchase agreement with WatchGuard Video of Allen, Texas, for a total cost of
$491,125.07, and authorize the Mayor and City Clerk to execute the agreement.
6. Approve Purchase of Dispatch Radio Consoles
a) Determine 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 Budget Amendment No. 17BA-032 appropriating $657,955 from the 800 MHz Fund
to Account No. 7547541-911036;
c) Waive the contract procurement requirements of City Council Policy F-14 and approve a sole
source procurement using the CCCS Orange County Price Book, # MA -060-10012594; and
d) Approve purchase of dispatch radio consoles, installation, programming and system
integration from Motorola Solutions for a total cost of $657,955, and authorize the Mayor and
City Clerk to execute the agreement.
7. Amendment to Professional Services Agreement with William B. Conners for Hearing
Adjudication Services
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 Amendment No. One to Professional Services Agreement with William B. Conners
for Hearing Adjudication Services.
City Council Meeting
May 9, 2017
Page 4
8. Approval and Award of Agreement to EcoNomics, Inc. for Solid Waste Consultant
Services
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) Authorize an agreement with EcoNomics, Inc., for solid waste consultant services for a three-
year period, not to exceed $300,000.00; and
c) Approve Budget Amendment No. 17BA-033 appropriating $25,000.00 from the
Environmental Liability Fund unappropriated fund balance to Account 16003-811008.
9. Approve Agreement with CathyJon Enterprises, Inc. dba HB Staffing for Temporary
Laborer 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) Approve the services agreement with CathyJon Enterprises, Inc. for temporary laborer
services for a three-year term in the amount of $190,000, and authorize the Mayor and City
Clerk to execute the agreement.
10. Amendment No. Three for the Upgrade of City Microwave Radio Infrastructure
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 Amendment No. Three with Petroleum Telcom Inc. for the upgrade of City
Microwave Radio Infrastructure increasing the contract limit by $40,000 for the remaining
period of the agreement, and authorize the Mayor and City Clerk to execute the amendment.
11. On -Call Agreements for Building Maintenance and Repair Services
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 the Mayor and City Clerk to approve and execute on-call building maintenance and
repair services contracts with: Ray Carmody, a sole proprietor doing business as (DBA)
Carmody Construction Company; Anthony Graves, a sole proprietor doing business as
(DBA) Graves Construction; and John M. Rabun, sole proprietor. Each on-call agreement is
for a three-year term and carries a not to exceed expenditure amount of $350,000 for each
contract's entire three-year term.
12. Request to Retain Existing Private Improvements within the Public Right -of -Way at
1021 Kings Road
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) Waive City Council Policy L-6, Private Encroachments in the Public Rights -of -Way, and City
Council Policy L-18, Protection of Water Quality: Drainage — Public Rights -of -Way, to allow
the retention of planter walls, decorative mailbox, decorative driveway, grouted river rock
bandings, two (2) steps, and colored concrete walkway within the Kings Road right-of-way;
and
c) Direct staff to enter into an Encroachment Agreement with Owners, and authorize the City
Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar
year upon receipt of approval.
City Council Meeting
May 9, 2017
Page 5
MISCELLANEOUS
13. Planning Commission Agenda for the May 4, 2017 Meeting
Receive and file.
14. Budget Amendment for Library Literacy Program
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. 17BA-034 to appropriate $40,000 from the 017-241027
special purpose deposit account to increase revenues in the Literacy Events revenue
account, 01060005-521660, by the same amount and increase expenditures in the Literacy
accounts, as follows:
Increase expenditure accounts:
01060604-711003 $12,000 Salary part-time
01060604-721002 $ 7,600 CAF Allowance part-time
01060604-722001 $ 1,500 PERS
01060604-841004 $18,900 Programming
15. June 30, 2016 Audit Results
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 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. PUBLIC HEARINGS
16. Community Development Block Grant — Substantial Amendments to the 2015-2019
Consolidated Plan, 2015-2016 Action Plan, and 2016-2017 Action Plan
a) Conduct a public hearing;
b) Find the approval of recommended substantial amendments to the 2015-2019 Consolidated
Plan, 2015-2016 Action Plan, and the 2016-2017 Action Plan exempt from the National
Environmental Policy Act pursuant to 24 CFR Part 58, Section 58.34;
c) Find the approval of recommended substantial amendments to the 2015-2019 Consolidated
Plan, 2015-2016 Action Plan, and the 2016-2017 Action Plan is not subject to 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,
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
City Council Meeting
May 9, 2017
Page 6
d) Adopt Resolution No. 2017-34, A Resolution of the City Council of the City of Newport Beach,
California, Approving Substantial Amendments to the 2015-2019 Consolidated Plan, 2015-
2016 Action Plan, and 2016-2017 Action Plan for the Federal Community Development Block
Grant Program, and authorize the City Manager to submit the Amended 2015-2019
Consolidated Plan, 2015-2016 Action Plan, and 2016-2017 Action Plan amendments to
HUD.
17. Community Development Block Grant — 2017-2018 Action Plan
a) Hold a public hearing to receive comments on the Action Plan;
b) Find the approval of 2017-2018 Action Plan exempt from the National Environmental Policy
Act (NEPA) pursuant to 24 CFR Part 58, Section 58.34;
c) Find the approval of 2017-2018 Action Plan exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) 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;
d) Adopt Resolution No. 2017-35, A Resolution of the City Council of the City of Newport Beach,
California, Approving the 2017-2018 Action Plan for the Allocation of the Federal Community
Development Block Grant for the 2017-2018 Fiscal Year, and
e) Authorizing the City Manager to:
1. Adjust appropriations to specific programs and projects as necessary to conform with the
final 2017-2018 formula grant allocation of CDBG funds from HUD;
2. Submit the 2017-2018 Action Plan to HUD;
3. Execute the 2017-2018 CDBG Program Grant Agreement and all related documents on
behalf of the City;
4. Execute subrecipient agreements with the nonprofit organizations receiving allocations
of CDBG funds in the Action Plan; and
5. Authorize the Community Development Director, or his/her designee, to be the official
representative of the City of Newport Beach to submit required environmental
documentation for CDBG projects.
XX. CURRENT BUSINESS
18. Initiate the Process for Establishing a Residents' Preferential Parking Zone for the Finley
Tract
a) Find the project is categorically exempt under Section 15301, of the State CEQA (California
Environmental Quality Act) Guidelines — Class 1 (Existing Facilities); and
b) Authorize staff to assess establishing a Residents' Preferential Parking Zone for the Finley
Tract and return to the City Council for final action.
19. Review of Conceptual Street Layout Alternatives for Bayside Drive between East Coast
Highway and Jamboree Road/Marine Avenue
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (for repair, maintenance and minor alteration of existing public facilities with
negligible expansion) of the CEQA Guidelines, because it has no potential to have a
significant effect on the environment;
b) Review conceptual roadway alternative layouts and provide guidance on which alternative
to advance to the design phase; and
c) Should the City Council chose an alternative other than Concept 2 (roadway lane reduction
from four to two lanes and installation of a roundabout at the Harbor Island Drive
intersection), rescind the City Council decision of November 22, 2016, which directed staff
to proceed with design of Concept 2; or
d) Should the City Council choose an alternative with a two or three lane cross-section
(Concept 2 or Concept 3) and wish to proceed with a temporary trail of the proposed roadway
layout, direct staff to proceed with a minimum six (6) month trial of the preferred roadway
layout, including a project to resurface the roadway with an asphalt slurry coat and install the
proposed striping.
City Council Meeting
May 9, 2017
Page 7
XXI. 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.
XXII. 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