HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
NOVEMBER 28, 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, 2nd 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(o)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
NOVEMBER 28, 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. Orange County Drowning Prevention Task Force
SS3. Advanced Metering Infrastructure
Utilities staff will discuss the costs and benefits associated to moving our community's over
20,000 water meters to fully automatic reading and monitoring.
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, and Peter Brown; Labor Negotiators.
Employee Organizations: Newport Beach Lifeguard Management Association (NBLMA);
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 Lifeguard Management Association (NBLMA), 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.
City Council Meeting
November 28, 2017
Page 2
C. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4): 1 matter
D. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
City of Newport Beach v. United States Federal Aviation Administration et al.
United States Court of Appeals for the District of Columbia Circuit Case Number 17-1008
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. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consideration of modifications and improvements to the visual displays in the City
Council Chambers (Peotter)
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 - 19). 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
November 28, 2017
Page 3
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READING OF MINUTES AND ORDINANCES
1. Minutes for the November 14, 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 INTRODUCTION
3. Newport Banning Ranch — Set Aside and Vacate All Approvals
a) Determine that this action 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. In addition, determine that this action is not a project
under CEQA because it is a ministerial action. (Pub. Resources Code, § 21080, subd.
(b)(1).); and
b) Introduce Ordinance No. 2017-17, An Ordinance of the City Council of the City of Newport
Beach, California, Repealing All Approvals for the Newport Banning Ranch Planned
Community Project (PA2008-114), and pass to second reading on December 12, 2017.
4. Proposed Specifications for Moorings in Newport Harbor
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; and
b) Adopt Resolution No. 2017-74, A Resolution of the City Council of the City of Newport Beach,
California, Adopting Specifications for Moorings Located Upon Tidelands in Newport Harbor.
CONTRACTS AND AGREEMENTS
5. Balboa Island Water Main Replacement (Phase 1) — Award of Contract No. 7173-1 (16W11)
a) Find this project exempt from the California Environmental Quality Act) pursuant to Sections
15302 (replacement of existing facilities involving negligible 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) Approve Budget Amendment No. 18BA-020 appropriating $1,574,200.00 from the
unappropriated Water Capital Fund balance to Account No. 70201931-980000-16W11;
d) Award Contract No. 7173-1 to T.E. Roberts, Inc. for the total bid price of $1,563,400.00, and
authorize the Mayor and City Clerk to execute the contract; and
e) Establish $156,000.00 (approximately 10 percent) contingency amount to cover the cost of
unforeseen work not included in the original contract.
6. Arterial Highway Pavement Repair Program — Award of Contract No. 7185-1 (18R03)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15301 Class 1 (c) (maintenance of existing public facilities involving negligible or
no expansion of use);
b) Approve the project drawings and specifications;
c) Approve Budget Amendment No. 18BA-021 transferring $304,000 in project savings
Account No. 12101-980000-15R17 to Account No. 12101-980000-18R03;
City Council Meeting
November 28, 2017
Page 4
d) Award Contract No. 7185-1 to All American Asphalt for the total bid price of $497,497.00,
and authorize the Mayor and City Clerk to execute the contract; and
e) Establish a contingency of $50,000 (approximately 10%) to cover the cost of unforeseen
work not included in the bid price.
7. MacArthur Boulevard and University Drive Pavement Rehabilitation Project —Approval of
Professional Services Agreement with Civil Works Engineers (181123)
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 Professional Services Agreement with Civil Works Engineers of Costa Mesa,
California, for the MacArthur Boulevard and University Drive Pavement Rehabilitation project
at a not -to -exceed price of $240,969.00, and authorize the Mayor and City Clerk to execute
the Agreement.
8. Bay Crossing Water Main Replacement Project - Approval of Professional Services
Agreement with Dudek (16W12)
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 Professional Services Agreement with Dudek Inc. of San Juan Capistrano,
California, for the Bay Crossing Water Main Replacement project at a not -to -exceed price of
$244,915.00, and authorize the Mayor and City Clerk to execute the Agreement.
9. Amendment No. 3 to the Professional Services Agreement with Kimley-Horn &
Associates, Inc. for Environmental Services for the Koll Center Residences Project
Located at 4400 Von Karman Avenue (PA2015-024)
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 amendment to the Professional Services Agreement and authorize the Mayor
and City Clerk to execute the agreement.
10. Approval of a Cooperative Agreement with the Friends of Newport Beach Animal Shelter
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 and authorize the Mayor and City Clerk to execute the Cooperative Agreement
between the City and FONBAS.
11. Approval for the Purchase of Police Patrol Vehicles
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 the purchase of four (4) Ford Police Interceptor Utility vehicles from Fairview Ford
of San Bernardino, California, and authorize the City Manager to execute a Purchase Order
in the amount of $127,631.
12. Approval of Purchase Agreement with Haaker Equipment Company for One (1) Vactor
2110 "CNG" Sewer Cleaner
a) Determine that the action is exempt from the California Environmental Quality Act (CEQ)
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 an agreement for the purchase of one (1) Vactor 2110 "CNG" Sewer Cleaner from
Haaker Equipment Company for a total cost of $485,584.12, and authorize the Mayor and
City Clerk to execute the agreement; and
City Council Meeting
November 28, 2017
Page 5
c) Approve Budget Amendment No. 18BA-019 in the amount of $485,584.12 transferring
$385,584.12 from unappropriated fund balance In the Equipment Replacement Fund and
$100,000 from unappropriated fund balance in the AQMD Fund to complete the purchase.
13. Approval of a Purchase Agreement with Halcore Group, Inc. dba Leader Industries for the
Purchase of Two (2) 2018 Freightliner M2 Custom Ambulances
a) Approve the purchase of two ambulances from Halcore Group, Inc., dba Leader Industries
for a total cost of $599,918.06;
b) Approve and authorize the Mayor and City Clerk to sign the Purchase Agreement with
Halcore Group, Inc., dba Leader Industries for this purchase; and
c) Approve Budget Amendment No. 18BA-018 increase expenditure appropriations by
$300,000.00 from Equipment Replacement unappropriated fund balance to the Equipment
Replacement Fund account 7529032-911016 in the Municipal Operations Department.
14. Approval of Amendment No. Two to Agreement with Mariposa Landscapes, Inc. for
Landscape Services for Parks and Facilities
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 Amendment No. Two to Agreement with Mariposa Landscapes, Inc. for Landscape
Services for Parks and Facilities; and
c) Approve Budget Amendment 18BA-017 in the amount of $165,000 transferring funds from
Parks Division Salary and Benefit and Maintenance and Operations accounts into Org/Object
0109031-811020, Contract Services Parks/Facilities.
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15. Appointment to the Aviation 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; and
b) Confirm Council Member Herdman's appointment of Joel Bergenfeld as the District 5
Designated Member to the Aviation Committee.
16. Confirmation of Appointment to the Newport Beach Restaurant Association Business
Improvement District Advisory Board of Directors
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) Appoint Eunjoo Pluenneke, representing Balboa Lily's Restaurant, as the 11 th member to the
NBRA BID Advisory Board of Directors for term ending June 30, 2018.
17. Accept the 2016 Emergency Management Performance Grant
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) Accept the grant funding in the amount of $13,084 to be used in support of the City's
emergency management program; and
c) Approve Budget Amendment No. 18BA-016 to accept grant funds from the Federal
Emergency Management Agency (FEMA) through the County of Orange, and increase
expenditures appropriations by $13,084 in account 01040403-821005.
18. Community Programs Grants for Fiscal Year 2017-2018
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;
City Council Meeting
November 28, 2017
Page 6
b) Pursuant to City Council Policy A-12, find that the organizations listed below provide services
or programs that serve residents and are beneficial to residents' quality of life and authorize
the allocation of $40,000 in Community Programs Grants in
the following manner:
Our Lady Queen of Angels Church - Helping Hands
8,500
Serving People in Need, Inc. (SPIN)
5,000
Share Our Selves (SOS)
5,000
Someone Cares Soup Kitchen
5,000
Council on Aging
3,000
Boys and Girls Clubs of Central Orange Coast
3,000
Newport -Mesa Family YMCA
3,000
Newport Beach Sister City Association
2,000
Back Bay Therapeutic Riding Club
1,500
Youth Employment Services (YES)
1,500
Amazing Grace Ministries
1,500
Advocates for Grandparent -Grandchild Connection
1,000
TOTAL
$40,000; and
c) Allocate $25,000 for the Balboa Island Historical Society and $10,000 for the Newport Beach
Historical Society.
19. Request to Install Toshiba Classic Street Light Banners (N2017-0204)
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 the provisions of Council Policy L-16 pertaining to the following requirements for use
of the City public right-of-way for banner installation: open to the general public without
charge and install no more than one hundred (100) banners; and
c) Allow for the installation of a maximum of 153 street light banners from Monday,
February 12, 2018 to Monday, March 12, 2018, for the 2018 Toshiba Classic golf tournament.
Installation will be along East Coast Highway, MacArthur Boulevard, and Jamboree Road.
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
20. Approval of Professional Services Agreement with Anchor QEA, LLC for Sediment
Testing to Support Future Maintenance Dredging within the Lower Bay Federal Channels
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 Lower Bay sediment
sampling services at a not -to -exceed fee of $422,200.00, award the Agreement pursuant to
a single source justification, and authorize the Mayor and City Clerk to execute the
Agreement; and
City Council Meeting
November 28, 2017
Page 7
c) Approve Budget Amendment No. 18BA-022 appropriating $202,305.00 from Tidelands
Capital Fund unappropriated fund balance to Account No. 10101-980000-18H07.
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 - In memory of Gay Wassail -Kelly
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