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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
OCTOBER 24, 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"6 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 citvclerk(@newportbeach ca. gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
OCTOBER 24, 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. Presentation to Burr -White Realty on its 50th Anniversary in Newport Beach
SS3. Update on Traffic Signal Modernization and Technology
Public Works/Traffic Engineering will summarize recent methods to ensure the safe and rapid
flow of traffic through town, including discussing more use of Bluetooth technology and ideas
about encouraging through traffic to bypass Corona del Mar by using Newport Coast Drive
and the 73 Tollway.
SS4. Peninsula Crosswalk Study (continued from the 10/10/17 City Council meeting)
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); Newport Beach Lifeguard Management
Association (NBLMA); 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 24, 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 LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2) (e)(1)): 1 matter
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VII.
ROLL CALL
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 - 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.
City Council Meeting
October 24, 2017
Page 3
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 10, 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.
RESOLUTIONS FOR ADOPTION
3. 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 (continued from the 10/10/17 City Council meeting)
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 Retirement Health Savings Plan.
4. Adopt a Resolution Supporting an Application by the City of Irvine for the OCTA Measure
M2 Regional Traffic Signal Synchronization Program for the Culver Drive - Bonita Canyon
Drive Project
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. 2017-67, A Resolution of the City Council of the City of Newport Beach,
California, Supporting an Application by the City of Irvine for the Orange County
Transportation Authority's Measure M2 Traffic Signal Synchronization Program Funding for
the Culver Drive - Bonita Canyon Drive Corridor Synchronization Project.
5. Resolution Authorizing CalRecycle Rubberized Pavement Grant Program Application
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. 2017-68, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Submittal ofApplication(s) for -All CalRecycle Grants for which the City
of Newport Beach is Eligible.
CONTRACTS AND AGREEMENTS
6. Bonita Creek Sports Park Pickleball Courts — Notice of Completion for Contract No. 8130-2
(Project No. 17P12)
a) On April 25, 2017, City Council found this action exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15301 (Existing facilities) based on the project is a
minor alteration of a public facility involving negligible expansion 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) 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
October 24, 2017
Page 4
7. Central Avenue Public Dock Project — Notice of Completion for Contract No. 8197-1
(Project No. 171-112)
a) On April 11, 2017, City Council found this action exempt from the California Environmental
Quality Act (CEQA) pursuant to Class 4 Section 15303 Class 3 New construction or
Conversion of Small Structures 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) 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. Corporation Yards Painting Project — Award of Contract No. 7153-1 (18F02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Minor Alteration of Existing Public Facilities with Negligible Expansion) 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) Declare the bid submitted by Harry H. Joh Construction as non-responsive and reject the bid
submitted by Harry H. Joh Construction;
d) Declare TL Veterans Construction, Inc. as the low responsive bidder;
e) Award Contract No. 7153-1 to TL Veterans Construction, Inc. for the total bid price of
$570,000.00, and authorize the Mayor and City Clerk to execute the contract; and
f) Establish a contingency of $57,000.00 (10 percent) to cover the cost of work not included in
the original contract.
9. Approval of Purchase of BlueTOAD Bluetooth Traffic Monitoring System
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 Econolite, Inc. of Anaheim, California, via Single Source Selection for procurement
of the BlueTOAD traffic monitoring system and Econolite Centracs related software module;
and
c) Authorize the City Manager to execute a Professional Services Agreement with Econolite,
Inc. of Anaheim, California, for the procurement of the BlueTOAD traffic monitoring system
for a not to exceed fee of $119,151.21.
10. Marina Management Services — Amendment to Agreement with Basin Marine and Budget
Amendment
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 Budget Amendment No. 18BA-009 appropriating $137,700 from the Tidelands Fund
unappropriated fund balance to Account 1008014-811044 for Marina Management Services
at Marina Park for the balance of FY 2017-18; and
c) Approve Amendment No. 1 to the Professional Services Agreement with Basin Marine, Inc.
to extend the term to December 31, 2018, and increase compensation by $214,200, for a
total contract value of $581,400, for Marina Management Services at Marina Park.
MISCELLANEOUS
11. Planning Commission Agenda for the October 19, 2017 Meeting
Receive and file.
City Council Meeting
October 24, 2017
Page 5
12. Appointments 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;
b) Confirm Council Member Avery's appointment of Charles (Steve) Byers as the District 2
Representative Member to the Aviation Committee; and
c) Confirm Council Member Herdman's appointment of Patricia Janssen as the District 5
Alternate Member to the Aviation Committee.
13. Balboa Peninsula Pedestrian Crossing Study (continued from the 10/10/17 City Council
meeting)
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) Receive and file the study; and
c) 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
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 HEARING
14. Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150)
a) Conduct a public hearing;
b) Find this review exempt from the California Environmental Quality Act ("CEQA") pursuant to
Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because this review enforces an
entitlement for use adopted by the City and has no potential to have a significant effect on
the environment;
c) Find that Sober Living by the Sea has demonstrated good faith compliance with the terms of
the Zoning Implementation and Benefit Agreement; and
d) Receive and file documents submitted by Sober Living by the Sea to demonstrate good faith
compliance with the terms of the Zoning Implementation and Public Benefit Agreement.
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15. Ocean Piers Maintenance Project — Award of Contract No. 7126-1 (171-103)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (minor alteration of existing public facilities with negligible expansion) 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;
City Council Meeting
October 24, 2017
Page 6
c) Award Contract No. 7126-1 to John S. Meek Company Inc. for the total bid price of
$1,182,395.00, and authorize the Mayor and City Clerk to execute the Contract;
d) Establish an amount of $236,000 (20%) to cover the cost of unforeseen work not included in
the original contract;
e) Authorize the City Manager to execute an Amendment on a form acceptable to the City
Attorney to the current Professional Services Agreement with COWI Marine North America
Inc. for up to $50,000 for additional design, inspection and construction support services that
may be necessary to execute the construction contract; and
f) Approve Budget Amendment No. 18BA-010 appropriating $ 937,000 from Tidelands Capital
Fund unappropriated fund balance to Account No. 10101-980000-17H03 (Ocean Piers
Maintenance and Repairs Project).
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