HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
OCTOBER 10, 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, 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
OCTOBER 10, 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. Debt Policy Review and Discussion
In early 2017, Mayor Muldoon stated his interest in changing the manner in which certain
types of debt are issued. At Mayor Muldoon's direction, Council Member O'Neill has led an
effort to review and potentially revise the City's debt policy. We will outline concepts for
changes at the Study Session, with the intent to forward the concepts to the Finance
Committee for further review.
SS3. Regulations Relating to Drones
The Newport Beach Police Department will describe various approaches to drone regulation
in other jurisdictions, seeking City Council and resident direction on approaches for Newport
Beach.
SS4. Peninsula Crosswalk Study
Public Works/Traffic Engineering will outline a recent review of crosswalks along Balboa
Boulevard and Newport Boulevard, along with ideas to enhance pedestrian safety further.
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 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)): 8 matters
City Council Meeting
October 10, 2017
Page 2
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 REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 1 Newport Pier, Newport Beach, California 92663
Agency Negotiator: Seimone Jurjis, Community Development Director
Lauren Wooding, Real Property Administrator
Negotiating Parties: Blue Water Grill
Under Negotiation: Instruct negotiator as to price and terms of payment.
V. RECESS
VI.
VII.
VIII.
IX.
X.
RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
CLOSED SESSION REPORT
INVOCATION
PLEDGE OF ALLEGIANCE
XI. NOTICE TO THE PUBLIC
M
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.
CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
Seeking the assistance of a federal advocate to work with the City on FAA and related
aviation matters, including communication with major air carriers (Muldoon)
• Supporting additional review and verification of data accuracy from the County of
Orange's seven noise monitoring stations on the JWA departure corridors (Muldoon)
City Council Meeting
October 10, 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 - 13). 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 September 26, 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.
ORDINANCE FOR ADOPTION
3. Non -Exclusive Commercial Solid Waste Franchises
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) Conduct a second reading and adopt Ordinance No. 2017-16, 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.
RESOLUTIONS FOR ADOPTION
4. Resolution Affirming the City Manager's Authority to Administer and Manage the City's
Employee Deferred Compensation and Health Savings Plans and Authority to Sign
Related Contracts
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. 2017-65, A Resolution of the City Council of the City of Newport Beach,
California, Affirming the City Manager's Authority to Administer and Manage the City's
457 Plan and Acknowledging Past, Current, and Future Actions Taken by Employees to
Assist in Plan Administration and Management.
5. Resolution Designating the Streets, Days, and Hours on which the Parking or Standing of
Vehicles is Prohibited to Improve Street Sweeping Effectiveness
a) Determine the action is exempt from 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
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October 10, 2017
Page 4
b) Adopt Resolution No. 2017-66, A Resolution of the City Council of the City of Newport Beach,
California, Designating the Streets or Portions Thereof on which the Parking or Standing of
Vehicles is Prohibited and the Specific Days and Hours of Such Prohibition to Improve Street
Sweeping Effectiveness, and Rescinding Resolution No. 2017-14.
CONTRACTS AND AGREEMENTS
6. Central Avenue Plaza Revitalization —Award of Contract No. 8197-2 (17H12)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) (Replacement or Reconstruction), on the basis that the project consists of
the replacement or reconstruction of existing public facilities, involving no expansion of
capacity, 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 the project drawings and specifications;
c) Award Contract No. 8197-2 to GMC Engineering, Inc. (GMC) for the total bid price of
$380,000.00, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish $40,000.00, approximately 10 percent, contingency amount to cover the cost of
unforeseen work not included in the original contract.
7. MacArthur Boulevard Slope Landscaping Project — Award of Construction Contract
No. 8176-1 (151-01)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15332 (in -fill development projects ), 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 the project drawings and specifications;
c) Award Contract No. 8176-1 to for the total bid price of $228,450.00, and authorize the Mayor
and City Clerk to execute the contract; and
d) Establish approximately $22,850 (approximately 10 percent), contingency amount to cover
the cost of unforeseen work not included in the original contract.
8. Bayview Heights Drainage Project — Reject All Bids — Contract No. 8046-1 (15X11)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15333 (Small Habitat Restoration Projects) of the CEQA Guidelines, because it has
no potential to have a significant effect on the environment,
b) Reject all bids received for Contract No. 8046-1; and
c) Direct staff to re -advertise for bids at a later time.
9. Request for Waiver of City Council Policy L-6 at 3235 Ocean Boulevard
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) Waive Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow
17 temporary shoring caisson and four (4) permanent caissons and appurtenances that will
encroach in excess of 1 -foot into the Ocean Boulevard public right-of-way, contingent upon
all conditions of the Encroachment Permit process being met; and
c) Direct staff to enter into an Encroachment Agreement with the Owner, and authorize the City
Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar
year upon receipt of approval.
10. Approval of Amendment No. One to Agreement with Mariposa Landscapes, Inc. for
Landscape Services for Parks and Facilities
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
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October 10, 2017
Page 5
b) Approve Amendment No. One with Mariposa Landscapes, Inc. for landscape services for
parks and facilities and tree planting at various City locations, increasing the compensation
by $850,000 to $6,775,000 for the first 3 years of the contract, and to $2,400,000 for each of
the three optional extension years, and authorize the Mayor and City Clerk to sign the
agreement.
MISCELLANEOUS
11. Planning Commission Agenda for the October 5, 2017 Meeting
Receive and file.
12. Coastal Development Permit Waiver for De Minimis Development Located at 211 35th
Street (PA2017-148)
a) Determine this action is not a project as defined and 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 is to receive and file only and will not result in a
physical change to the environment, directly or indirectly; and
b) Receive and file.
13. Balboa Peninsula Pedestrian Crossing Study
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 and file the study; direct staff to prepare plans and specifications for the
implementation of signing and striping improvements at uncontrolled crosswalks on the
Balboa Peninsula, per the recommendations outlined in the Study. In addition, include
funding in the FY 18/19 Capital Improvement Budget for sidewalk bulb -out installations and
a flashing beacon installation.
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
14. Balboa Island Seawall Cap — Award of Contract No. 7066-1 (15H11)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no
potential to have a significant effect on the environment;
b) Approve the project drawings and specifications;
c) Award Contract No. 7066-1 to Bosco Constructors, Inc. for the total bid amount of
$1,444,444.00, and authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $ 216,000 (approximately 15% of Total Bid) to cover the cost of
unforeseen work not included in the original contract; and
e) Authorize the City Manager to execute Amendment No. 4 to the current Professional
Services Agreement with COW I Marine North America Inc. for a not to exceed fee of $93,360
for additional design, and bidding and construction support services.
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October 10, 2017
Page 6
XX. 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.
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