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Home My WebLink About00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING JUNE 27, 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 JUNE 27, 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. Recognition of AYSO Area Q EXTRA BU -10 Champions SS3. Certificate of Recognition to M.C. Sungalia, Recipient of the 2017 "Ellis Island Medal of Honor" SS4. Update on Possible Changes to Commercial Waste Franchise Agreements Staff will summarize possible changes (generally reflective of new State obligations) to how commercial trash haulers operate in Newport Beach. SS5. Update on Short Term Lodging Permits — Process and Enforcement An update on recent activities involving vacation rentals, aka Short Term Lodgings. SS6. July 4t" Update Getting ready for Tuesday, July 4th, in and around Newport Beach. New emphasis on stopping the use of illegal fireworks, too — don't bring them into town! 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 LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 3 matters Paul Matheis v. City of Newport Beach Office of Administrative Hearings, Case No. 2016-070710 Paul Matheis v. City of Newport Beach Workers' Compensation Appeals Board Case No. ADJ7731364 Friends of the Fire Rings v. South Coast Air Quality Management District, et al. Orange County Superior Court Case No. 30-2013-00690328-CU-WM-CXC City Council Meeting June 27, 2017 Page 2 B. 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). V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL kyjII�OX*14: 4 11 &14'1'1IQZIN4:IQ:49 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. XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) XIII. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 7). 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. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the June 13, 2017 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. City Council Meeting June 27, 2017 Page 3 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. ORDINANCE FOR ADOPTION 3. Ordinance No. 2017-10 Amending the Permit Process for Electric Vehicle Charging Stations a) Find the proposed 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) Conduct second reading and adopt Ordinance No. 2017-10, An Ordinance of the City Council of the City of Newport Beach, California, Adding Chapter 15.19 to Title 15 of the Newport Beach Municipal Code to Provide an Expedited, Streamlined Permitting Process for Electric Vehicle Charging Stations. RESOLUTION FOR ADOPTION 4. Resolution Authorizing the Temporary Closure of Selected Streets for the July 4th Holiday Period 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. 2017-44, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Temporary Closure of Back Bay Drive, the 100 Block of Orange Street from Traffic Off of Pacific Coast Highway, Via Oporto from Via Lido to 32nd Street, San Joaquin Hills Road Between Back Bay Drive and the Entrance to the Park Newport Apartment Complex, and Via Malaga Between Via Oporto and Via Lido. CONTRACTS AND AGREEMENTS 5. Irvine Avenue Pavement & Median Rehabilitation Project — Notice of Completion for Contract No. 5869 (15R16) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. (On June 14, 2016, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301); 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 the Faithful Performance Bond one year after the acceptance by the City Council. 6. MacArthur Boulevard Pavement Rehabilitation — Notice of Completion for Contract No. 5870 (15R27/Federal Project No. STPL-5151-030) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On September 13, 2016, the City Council found this project 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; c) Release Faithful Performance Bond one year after acceptance by the City Council; and d) Approve Budget Amendment No. 17BA-037 transferring $59,350.00 in project savings from Account No. 12201-980000-15R15 (Dover Drive Pavement Rehabilitation) to Account No. 12201-980000-15R27 (MacArthur Boulevard Pavement Rehabilitation). 7. Agreement Between Orange County Water District and City of Newport Beach Regarding Distribution and Sale of Green Acres Project Water 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 City Council Meeting June 27, 2017 Page 4 b) Approve and authorize the Mayor and City Clerk to execute the agreement between Orange County Water District and City of Newport Beach regarding distribution and sale of Green Acres Project Water. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XV. ITEMS REMOVED FROM THE CONSENT CALENDAR XVI. 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. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVIII. CURRENT BUSINESS 8. Professional Services Agreements for Building and Fire Life Safety Related 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) Approve and authorize the Mayor and City Clerk to execute a three-year professional services agreement with The Code Group, dba VCA Code, for an annual amount of $275,000 with a not to exceed amount of $825,000; c) Approve and authorize the Mayor and City Clerk to execute a three-year professional services agreement with Jason Addison Smith Consulting Services, Inc., dba JAS Pacific, for an annual amount of $280,000 with a not to exceed amount of $840,000; d) Approve and authorize the Mayor and City Clerk to execute a three-year professional services agreement with Interwest Consulting Group, Inc. for an annual amount of $160,000 with a not to exceed amount of $480,000; e) Approve and authorize the Mayor and City Clerk to execute a three-year professional services agreement with MRH Structural Engineers, Inc. for an annual amount of $320,000 with a not to exceed amount of $960,000; f) Approve and authorize the Mayor and City Clerk to execute a three-year professional services agreement with SRG Geoscience, Inc. for an annual amount of $200,000 with a not to exceed amount of $600,000; and g) Approve and authorize the Mayor and City Clerk to execute a three-year professional services agreement with Pacific Fire Engineering, Inc. for an annual amount of $100,000 with a not to exceed amount of $300,000. 9. Annual Appointments to Boards and Commissions 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) Make appointments to the Boards and Commissions from the nominees listed below as ranked by the City Council Ad Hoc Appointments Committee. All new terms will be effective on July 1, 2017, with an expiration date of June 30, 2021, except for the unscheduled vacancy on the Building and Fire Board of Appeals which will expire on June 30, 2019, and the unscheduled vacancy on the Harbor Commission which will expire on June 30, 2018. Board of Library Trustees [1 vacancy] 1. Douglas Coulter (incumbent) 2. Hugh Logan 3. Thomas Malcolm City Council Meeting June 27, 2017 Page 5 Building and Fire Board of Appeals [3 vacancies] 1. Brion Jeannette (incumbent) 2. Richard Luehrs (incumbent) 3. Audrey Cook City Arts Commission [3 vacancies] 1. Lynn Selich (incumbent) 2. Michael Kerr (incumbent) 3. Miriam Baker 4. Grace Divine 5. Marie Little 6. Barbara Glabman Civil Service Board [1 vacancy] 1. Jane Della Grotta 2. Howard Herzog Harbor Commission [2 vacancies] 1. David Girling (incumbent) 2. Marie Marston 3. Donald Yahn 4. Ira Beer Parks, Beaches & Recreation Commission [2 vacancies] 1. Walter Howald (incumbent) 2. Heather Ignatin 3. Diane Daruty 4. Shelly Trainor Planning Commission [2 vacancies] 1. Elizabeth Kiley 2. Lauren Kleiman 3. Lee Lowrey 4. Curtis Ellmore 5. Charles Fancher 6. Richard McNeil XIX. 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. XX. 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