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HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING SEPTEMBER 12, 2017 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 5:30 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 SEPTEMBER 12, 2017 STUDY SESSION - 5:30 P.M./CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 P.M. ROLL CALL - 5:30 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Proclamation Designating September as World Alzheimer's Awareness Month SS3. Proclamation Designating September 22, 2017 as the 5011 Anniversary for the Newport Beach Historical Society 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, Brian P. Walter and Peter Brown; Labor Negotiators. Employee Organizations: 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 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, Robert Salerno, and John Pallas, 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. City Council Meeting September 12, 2017 Page 2 C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION — INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 1 Matter V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING 1T/ l 3o]mly_1> VIII. CLOSED SESSION REPORT IX. INVOCATION 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. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 21). 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 August 8, 2017 City Council Meeting and August 31, 2017 Special 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 September 12, 2017 Page 3 3. Authorize Submittal of Local Coastal Program Amendments to the Coastal Commission a) Determine LCP Amendment No. LC2013-002 and No. LC2017-002 are statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act and LCP Amendment No. LC2017-003 is exempt from CEQA pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h); and b) Adopt Resolution No. 2017-56, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Submittal of Certified Local Coastal Program Amendments to the California Coastal Commission (PA2013-057, PA2017-047, and PA2007-069). 4. Resolution No. 2017-57, Approving the Side Letter Agreement with the Newport Beach Police Management Association 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. 2017-57, A Resolution of the City Council of the City of Newport Beach, California, Approving the Side Letter Agreement to the 2015-18 Memorandum of Understanding between the City of Newport Beach Police Management Association Establishing Motor Officer Compensation Provisions. 5. Resolution No. 2017-58: Amending the Term of Citizen Appointees and Changing the Meeting Schedule of the Finance Committee 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. 2017-58, A Resolution of the City Council of the City of Newport Beach, California, Amending the Finance Committee's Meeting Schedule and the Term of its Citizen Appointees, to (1) modify the term of the Finance Committee's Citizen Appointees to align with the fiscal year; (2) clarify the duration of a Citizen Appointee's term to be one year or until their successor is appointed and qualified; and (3) establish a new meeting schedule; and c) Extend the term of existing citizen appointees through June 30, 2018. CONTRACTS AND AGREEMENTS 6. Slurry Seal Program FY 2016-2017 — Notice of Completion for Contract No 8273-1 (Project No. 17R04) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On March 28, 2017, the 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 Civil Code; and c) Release Faithful Performance Bond one (1) year after acceptance by the City Council. 7. Big Canyon Restoration and Water Quality Improvement Project - Notice of Completion for Contract No. 8111-1 (Project No. 15X12) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On May 10, 2016, the City Council adopted Resolution No. 2016-58 adopting Mitigated Negative Declaration No. ND2016-001 (SCH# 2016031011), pursuant to the California Environmental Quality Act (CEQA) and City Council Policy K-3; 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. City Council Meeting September 12, 2017 Page 4 8. Semeniuk Slough Maintenance Dredging Project — Notice of Completion for Contract No. 36368 (Project No. 15X17) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On October 25, 2016, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304(H) (Minor Alterations to Land); 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 (1) year after acceptance by the City Council. 9. Central and Mariners Libraries Restrooms Rehabilitation Project — Notice of Completion — Contract No. 8135-1 (Project No. 15F02) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On November 22, 2016, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(a); 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. 10. Approval of Professional Services Agreement with Anchor QEA, LLC for Harbor Wide Sediment Sampling Necessary for the City's Regional General Permit (RGP-54) for Dredging in the Nearshore Areas Under Residential Slips and Commercial Marinas a) Determine that the action is 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 it will not result in a physical change to the environment, directly or indirectly; b) Approve a Professional Services Agreement with Anchor QEA, LLC for nearshore sediment sampling services at a not -to -exceed fee of $280,305.00, award the Agreement pursuant to a single source justification, and authorize the Mayor and City Clerk to execute the Agreement; and c) Approve Budget Amendment No. 18BA-007 transferring $280,305.00 from Account No. 10001-980000-181-107 (Harborwide Dredging Planning) to Account No. 10001-980000- 18H01(Regional General Permit - RGP54). 11. Approval of Amendment No. 2 to Professional Services Agreement with Stantec Consulting Services, Inc. for Big Canyon Reservoir Flow Metering Vault and Treatment Improvements (Project No. 16W13) 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 Amendment No. 2 to the current Professional Services Agreement with Stantec Consulting Services, Inc. to add $42,452.00 to the agreement to fund necessary design and construction support services, and authorize the Mayor and City Clerk to execute Amendment No. 2 of the Agreement. 12. Approval of Amendment No. One to Agreement with Park West Landscape Maintenance, Inc. for Landscape Maintenance of Medians and Roadsides 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 Amendment No. One with Park West Landscape Maintenance, Inc. for landscape maintenance of medians and roadsides, increasing the compensation limits by $2,037,791 for an additional year, and authorize the Mayor and City Clerk to sign the agreement. City Council Meeting September 12, 2017 Page 5 13. Approval of Agreement with Pacific Plumbing Company of Santa Ana for Plumbing 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 Agreement with Pacific Plumbing Company of Santa Ana for Plumbing Services for a three-year term and a total amount not -to -exceed $432,000, and authorize the Mayor and City Clerk to sign the agreement. 14. Approval of Agreement with Surfside Restoration & Waterproofing, Inc. for Seawall Repair 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 Agreement with Surfside Restoration & Waterproofing, Inc. for Seawall Repair Services for a three-year term and a total amount not -to -exceed $300,000, and authorize the Mayor and City Clerk to sign the agreement. 15. Acceptance of 2017/2018 State of California, Office of Traffic Safety DUI Enforcement, Awareness and Traffic Safety Programs Grant PT18102 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 the City Council to accept a $300,000 Selective Traffic Enforcement Program ("STEP") award granted to the Newport Beach Police Department by the OTS per Council Policies F-3 and F-25. To comply with Council Policy F-3, City Council must formally accept the award of $300,000 and create a new appropriation to expend the money; and c) Approve Budget Amendment No. 18BA-004 increasing Police revenue estimates and expenditure appropriations by $300,000. 16. Agreement with All City Management Services, Inc. for Crossing Guard 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 a Services Agreement with All City Management Services, Inc. of Santa Fe Springs, California, for crossing guard services at a not -to -exceed cost of $922,406.40, and authorize the Mayor and City Clerk to execute the Agreement. MISCELLANEOUS 17. Planning Commission Action Report for the August 17, 2017 Meeting Receive and file. 18. City Hall and Limited Off -Site Holiday Closure (beginning on Monday, December 25, 2017, through Monday, January 1, 2018) 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 closing City Hall and providing limited services at off-site facilities beginning Monday, December 25, 2017, through Monday, January 1, reopening on Tuesday, January 2, 2018. The proposed closure does not apply to public safety services or emergency on-call functions. City Council Meeting September 12, 2017 Page 6 19. Budget Amendment to Accept a Check from the Newport Beach Public Library Foundation 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-005 to increase revenue estimates by $155,025 in Account 0106051-511085 (Library Foundation Donations) and to increase expenditure estimates by the same amount in Division 0106051 (Library Foundation) and Division 01060604 (Literacy Services): 20. Appointment of Board Member and Alternate Board Member to the Metro Cities Fire Authority 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 the Assistant City Manager as the voting member and the Fire Chief as the Alternate. The Metro Cities Fire Authority rotates Fire Chiefs on the Board every two years. When the Newport Beach Fire Chief is eligible to be on the Board as a voting member, the Assistant City Manager will be the alternate. 21. 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 Jeffrey Cole as the District 6 Representative Member to the Aviation Committee. 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. PUBLIC HEARINGS 22. Community Development Block Grant Program Year 2016-2017, Consolidated Annual Performance and Evaluation Report a) Hold a public hearing to receive comments on the Program Year 2016-2017 CAPER; b) 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; c) Approve the Program Year 2016-2017 CAPER; and d) Direct the City Manager or his designee to submit the Program Year 2016-2017 CAPER to the U.S. Department of Housing and Urban Development (HUD). 23. Amendments to Setback Maps S -3A and S-313 (PA2016-066) a) Conduct a public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines, Class 5 (Minor Alterations in Land Use Limitations) because it has no potential to have a significant impact on the environment; City Council Meeting September 12, 2017 Page 7 c) Introduce Ordinance No. 2017-13, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Newport Beach Municipal Code Related to Certain Front Yard and Side Yard Setbacks (PA2016-066), and pass to second reading on September 26, 2017; and d) Adopt Resolution No. 2017-59, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Submittal of Local Coastal Program Amendment No. LC2017-004 to the California Coastal Commission Amending the Newport Beach Municipal Code Related to Certain Front Yard and Side Yard Setbacks (PA2016-066). 24. Non -Exclusive Commercial Solid Waste Franchises a) Conduct Public Hearing to consider the award of a Non -Exclusive Commercial Solid Waste Collection Franchise pursuant to Resolution 2017-53; and b) Introduce Ordinance No. 2017-14, An Ordinance of the City Council of the City of Newport Beach, California, Granting Non-exclusive Solid Waste Franchises to Provide Solid Waste Handling Services Within the City of Newport Beach, and pass to second reading on September 26, 2017; and c) 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; OR d) Adopt Resolution No. 2017-60, A Resolution of the City Council of the City of Newport Beach, California, Declaring Its Intention to Conduct a Public Hearing to Consider Granting Non - Exclusive Solid Waste Franchises; and e) 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. 25. Conduct a Proposition 218 Public Hearing and Consider a Sewer Rate Adjustment 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) Conduct a Public Hearing to accept comments on the proposed sewer rates and at the conclusion of the hearing close the 45 -day notice period; c) Direct the City Clerk to tabulate the results of the protests received from property owners and customers and announce the findings; and d) Introduce Ordinance No. 2017-15, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 14.24.065 of Title 14 of the Newport Beach Municipal Code Pertaining to Sewer Use Charge, and pass to second reading on September 26, 2017. XIX. CURRENT BUSINESS 26. Purchase of Real Property Located at 2807 Newport Boulevard for Relocation of Fire Station No. 2 a) Find the execution of a purchase and sale agreement is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines; b) Authorize the City Manager to execute a purchase and sale agreement, and related documents, based upon the major deal points outlined in this staff report to purchase the property located at 2807 Newport Boulevard from MNG Newport Beach, LLC. For illustration purposes only, a sample purchase and sale agreement is attached to the staff report; and c) Approve Budget Amendment No. 17BA-006 in the amount of $4,010,000, transferring money from the Building Excise Tax Fund, the Cultural and Arts Fund, and the Facilities Financial Planning Fund, to fund the acquisition of the property. City Council Meeting September 12, 2017 Page 8 E1:►TiW11111[0L[;10]:a:Zx91ORNRi1N7:1M—AIIORNI 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