HomeMy WebLinkAbout11/28/2017 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
November 28, 2017
I. ROLL CALL - 4:00 p.m.
Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman,
Council Member Will O'Neill, Council Member Scott Peotter, Mayor Pro Tem Duffy Duffield,
Mayor Kevin Muldoon
H. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
In response to Council Member O'Neill's questions regarding Item 3 (Newport Banning Ranch
— Set Aside and Vacate All Approvals), City Attorney Harp explained the court in the Banning
Ranch Conservancy litigation had issued a writ of mandate directing the City Council to set
aside and vacate all approvals for the Banning Ranch Project and to return to the trial court
within 45 days with proof the City complied with the court order. Regarding Item 10 (Approval
of a Cooperative Agreement with the Friends of Newport Beach Animal Shelter), City Manager
Kiff explained that the Traffic Division of the Police Department oversees the animal shelter
and confirmed that the division is aware of City Council Policy D-5 (Digital Communications).
Council Member Dixon requested that "Better Business Bureau" be amended to "Charity
Navigator" in Section 2.4 of the agreement.
In response to Council Member Herdman's questions regarding Item 8 (Bay Crossing Water
Main Replacement Project - Approval of Professional Services Agreement with Dudek), Public
Works Director Webb reported that the project does not include the area near the Pacific Coast
Highway bridge. Regarding Item 14 (Approval of Amendment No. Two to Agreement with
Mariposa Landscapes, Inc. for Landscape Services for Parks and Facilities), City Manager Kiff
confirmed that the City has staff to oversee the contract, but the work will not be performed by
City staff. He also confirmed that this is part of a process to eventually entirely outsource these
services through staff attrition.
In response to Council Member Dixon's questions regarding Item 13 (Approval of a Purchase
Agreement with Halcore Group, Inc. dba Leader Industries for the Purchase of Two (2) 2018
Freightliner M2 Custom Ambulances), Municipal Operations Director Pisani confirmed that the
ambulance purchase was moved up seven months due to pricing and is part of the vehicle
replacement plan.
In response to Council Member Avery's questions regarding Item 4 (Proposed Specifications for
Moorings in Newport Harbor), which Mayor Pro Tem Duffield recused himself due to his
business interests, Harbor Resources Manager Miller described the process taken to reach the
requirements in the resolution, reported that, if a mooring drags, the mooring permittee will be
required to increase the weight by 20%, and confirmed that the City has record of each mooring's
weight.
SS2. Orange County Drowning Prevention Task Force
Lifeguard Operations Assistant Chief Williams utilized a PowerPoint presentation to explain
the Task Force, discuss the Task Force Board and the global problem, provide drowning
statistics, discuss Senate Bill 442, highlight the Task Force's public service announcements and
advertisements, and provide lifeguard statistics and their involvement with drowning
preventions and rescues. He reported on the Task Force's 2018 goals and noted that more
information can be found at www.ocdrowningprevention.com.
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City of Newport Beach
Study Session and Regular Meeting
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In response to Council Member Dixon's questions, Lifeguard Operations Assistant Chief
Williams described the many ways lifeguards try to prevent drownings. Council Member Dixon
noted the Vice Chair of the Task Force is a mother of a drowning victim and was in attendance
at the Ben Carlson statue dedication last Memorial Day weekend, discussed the Water Watcher
Tag tool, and commended the City and Lifeguard Operations Assistant Chief Williams for their
involvement in the Task Force.
Council Member O'Neill thanked Lifeguard Operations Assistant Chief Williams for chairing
the Task Force.
SS3. Advanced Metering Infrastructure (AMI)
Utilities Manager Catron reported that the AMI would replace previous systems and utilized a
PowerPoint presentation to discuss the previous system, AMI technology, benefits to the
customer and City, and the AMI vendor selection process. He described the project, including
the timeline, cost and funding, and stated the staff report will come back to Council early next
year.
In response to Council questions, Municipal Operations Director Murdoch and Utilities Manager
Catron explained which agencies and cities use A1VII, how the phone application can assist
customers, what the City learned during the pilot program conducted on the Peninsula, and
indicated that the current meter reading service will no longer be needed once AMI is
implemented.
Prior to discussion relative to utilizing City poles, Mayor Muldoon recused himself due
to his business relationship with wireless communications.
In response to Council questions, Municipal Operations Director Murdoch and Utilities Manager
Catron discussed current telecommunications applications, emphasized that the goal is to use
public facilities to place the AMI equipment, rather than in front of residences, reported that
only about 18 collectors are needed to read 20,000 meters, noted the repeaters probably do not
need to be placed on street poles as depicted in the photo, discussed the long term difference in
cost for cellular service versus radio service, pointed out that the current Water Master Plan
does not include AMI; however, the new one could, and noted that installation takes about
30 minutes per house. City Manager Mff pointed out that the equipment will only be placed in
areas that the City provides water to.
Jim Mosher indicated that it appears everybody is supportive of this system as long as it is
deployed with the least amount of intrusion as possible. He asked if there was a water meter
vendor that uses the same technology as the electric or gas companies in order to share the
collectors. In response to his question, Utilities Manager Catron indicated that the battery life
in the water meter is 20 years.
Council Member O'Neill commended the program in concept, noting that even though the initial
cost is significant, there is sufficient funding in the Enterprise Fund and reserves, so there will
be no need to raise rates. Further, the program will still allow the City to comply with the
reserve policy.
III. PUBLIC COMMENTS - None
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the items as listed in the Closed Session agenda and read the titles.
IV. CLOSED SESSION - Council Chambers Conference Room
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Study Session and Regular Meeting
November 28, 2017
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 Negotiator.
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.
C. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4): 1 matter
Council Member• Herdman recused himself from Item IRC. due to real property interest.
D. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
City of Newport Beach u. United States Federal Auiation Administration et al.
United States Court of Appeals for the District of Columbia Circuit Case Number 17-1008
V. RECESSED - 5:00 p.m.
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Herdman, Council Member Brad Avery. Council Member Diane Dixon,
Council Member Will O'Neill, Council Member Scott Peotter, Mayor Pro Tem Duffy Duffield,
Mayor Kevin Muldoon
VIII. CLOSED SESSION REPORT - None
LY. INVOCATION - Council Member Peotter
X. PLEDGE OF ALLEGIANCE - Council Member Dixon
XI. NOTICE TO THE PUBLIC
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City of Newport Beach
Study Session and Regular Meeting
November 28, 2017
XII. CITY COUNCIL ANNOUNCEMENTS (NON-DISCUSSIONITEM)
Council Member Dixon:
• Announced that her niece, Emily Leece Hastings, a graduate of Newport Harbor High School,
recently graduated from the U.S. Marine Crops Officer Candidate School as a 2^d Lieutenant
• Invited the public to attend a District 1 Town Hall Meeting on November 30, 2017 at 7:00 p.m. at
Marina Park to discuss John Wayne Airport issues
Council Member Herdman:
• Attended the Citizens Police Academy graduation and a community airport information meeting
• Invited the public to attend a John Wayne Airport departure issues forum on December 8, 2017 from
3:00 p.m. to 4:30 p.m. in the City Council Chambers
• Announced the next Aviation Committee meeting will be held on December 11, 2017 at 4:00 p.m.
• Served lunches during the OASIS Senior Center Thanksgiving Lunch
Mayor Muldoon:
• Provided information about the Operation Christmas campaign through the City Clerk's Office
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)
The City Council concurred to place the matter on a future agenda by a vote of 6-1, with Council
Member Herdman voting no.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
City Manager Kiff noted amendments to the resolution for Item 4 and the agreement for Item 14 were
provided to Council, and discussed the amendment to the agreement for Item 10 to change 'Better
Business Bureau" to "Charity Watch:'
Item 3 (Newport Banning Ranch — Set Aside and Vacate All Approvals)
John McClendon, attorney for the Banning Ranch Conservancy, served the City with the court's
mandate and read a portion of the brief. He thanked the City for complying with the court order and
concurred with staffs decision that doing so is a non -discretionary ministerial duty.
Mayor Muldoon noted that the ruling involved prior Council Members.
Steve Ray, Executive Director of the Banning Ranch Conservancy, thanked the City for tonight's action.
He referenced the 2006 General Plan and believed there was an inadequate attempt by the City to
acquire the property. He indicated that the Banning Ranch Conservancy would like to move forward
with the acquisition of the property and requested the City preserve the land as open space and park
and also be involved in the acquisition. He reported they have a vision plan for the property.
Cindy Black noted that the community cares and read a quote by Dinos Christianopoulos.
Terry Welsh, President of the Banning Ranch Conservancy, stated he has prioritized the acquisition of
Banning Ranch as an open space amenity for the past 18 years and asked Council to do the same. He
stated the Conservancy's position is for the land to be purchased at fair market value, but a price that
is agreeable to the public and owners. He indicated he will be reaching out to the City to meet with
them.
Terry I{oken thanked Council for being attentive to the audience and expressed support for keeping
Banning Ranch as open space.
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Kevin Nelson, Founder of Nature Commission, expressed support for preserving Banning Ranch. He
discussed the rights of the property owners and who the owners are, but emphasized the uniqueness of
the property.
Mike Mohler, Newport Banning Ranch, discussed the difficulty in determining the proper price for the
property and noted that the Banning Ranch Conservancy has never discussed the value of the property
or offer to purchase it. He indicated that the property owners are committed to a future for the property,
hoped to meet with the City and the Banning Ranch Conservancy to form better communication, and
thanked the City, prior Council, and staff.
David Tanner asked what has been learned from the process and if there was a way for developers to
know if their projects will succeed before spending many years and a lot of money.
Item 4 (Pr000sed Specifications for Moorings in Newport Harbor)
Mayor Pro Tem Duffield recused himself due to business interests.
John Panek explained his reasons for disagreeing with the proposed chain specifications and requested
that the City look into what has been used.
Carter Ford expressed support for and described the process and work product, which added the
requirement to increase the weight by a minimum of 20% if the boat dragged, maintained the chain
specification as presented in September, and included the installation of a safety chain and sand line
mooring provisions.
Item 10 (Approval of a Cooperative Agreement with the Friends of Newport Beach Animal Shelter)
Tim Steaks. Friends of the Newport Beach Animal Shelter (FONBAS), reported that FONBAS was
created to establish a world-class animal shelter and fund programs to find loving homes for all animals
in need.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the November 14, 2017 City Council Meeting [100-2017]
Waive reading of subject minutes, approve as amended, 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 [100-2017]
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.
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RESOLUTION FOR ADOPTION
4. Proposed Specifications for Moorings in Newport Harbor [100-20171
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 amended 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.
Mayor Pro Tem Duffield recused himself from Item 4 due to business interests.
CONTRACTS AND AGREEMENTS
5. Pulled from the Consent Calendar.
6. Arterial Highway Pavement Repair Program - Award of Contract No. 7185-1 (18R03)
[381100-20171
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. 12101-980000-181103;
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.
Mayor Pro Tem Duffield recused himself from Item 6 due to business interests.
MacArthur Boulevard and University Drive Pavement Rehabilitation Project - Approval
of Professional Services Agreement with Civil Works Engineers (181123) (C-7183-1)
1381100-20171
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) (C-8487-1) [381100-20171
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.
Council Member Dixon recused herself from Item 5 due to real property interests.
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) (C-7030-1) [381100-20171
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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.
Council Member O'Neill recused himself due to real property interests, and Mayor
Muldoon recused himself due to a potential membership in a club that is within 500 feet
of the project.
10. Approval of a Cooperative Agreement with the Friends of Newport Beach Animal Shelter
(C-8532-1)[38/100-20171
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 amended Cooperative
Agreement between the City and FONBAS.
11. Approval for the Purchase of Police Patrol Vehicles (C-8533-1) [381100-2017]
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 (C-8060-3) [381100-20171
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
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 (C-8003-2) [381100-
20171
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 (C-6375) [381100-20171
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 amended Amendment No. Two to Agreement with Mariposa Landscapes, Inc. for
Landscape Services for Parks and Facilities; and
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City of Newport Beach
Study Session and Regular Meeting
November 28, 2017
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.
MISCELLANEOUS
15. Appointment to the Aviation Committee [241100-2017]
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 [241100-20171
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 11th member to the
NBRA BID Advisory Board of Directors for term ending June 30, 2018.
17. Accept the 2016 Emergency Management Performance Grant [100-2017]
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 (C-8281) [381100-2017]
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) 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 1{itchen 5,000
Council on Aging 3,000
Boys and Girls Clubs of Central Orange Coast 3,000
Newport -Mesa Family YNICA 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.
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19. Request to Install Toshiba Classic Street Light Banners (N2017-0204) [100-20171
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.
Motion by Mayor Pro Tem Duffield, seconded by Council Member O'Neill, to approve the
Consent Calendar, except for the item removed (Item 5); and noting the recusals by Mayor Pro Tem
Duffield on Items 4 and 6, Council Member Dixon on Item 8, and Mayor Muldoon and Council Member
O'Neill on Item 9; and accepting the amendments to Items 4, 10 and 14.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Avery, Council Member Dixon, Council Member
Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
XVI. ITEM REMOVED FROM THE CONSENT CALENDAR
5. Balboa Island Water Main Replacement (Phase I) -Award of Contract No. 7173-1 (16WI1)
[381100-2017]
Council Member Herdman recused himself due to real property interests.
Council Member Peotter pointed out that the project is not only to replace existing water lines, but
also install new lines; the design is an alternate to the Water Master Plan; and the amount of the
current Capital Improvement Plan (CIP) is less than the project amount. He expressed support for
the project, but concern with coordination between utilities and engineering. He suggested Council
consider forming some type of utilities committee to focus on these details.
City Manager Kiff and Public Works Director Webb apologized for the confusion and reported that
it made more sense to install a new water line system on Balboa Island to satisfy some of the
requirements of the Water Master Plan, the new lines would assist in solving some of the fire flow
issues, and the funding comes from next year's budget to advance the project.
Motion by Council Member Peotter, seconded by Council Member O'Neill, to 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.
The motion carried by the following roll call vote:
Ayes: Council Member Avery. Council Member Dixon, Council Member Peotter, Council
Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
Recused: Council Member Herdman
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Study Session and Regular Meeting
November 28, 2017
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
David Tanner pointed out the State has made amendments to the California Environmental Quality
Act (CEQA) guidelines and asked the City to consider them in combination with the 20 bills for accessory
dwelling units and affordable housing.
XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
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 (C-8534-1) [381100-2017]
Motion by Council Member Herdman, seconded by Council Member Dixon, to 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 c) approve Budget Amendment No. 18BA-022 appropriating
$202,305.00 from Tidelands Capital Fund unappropriated fund balance to Account No. 10101-
980000-181-107.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Avery, Council Member Dixon, Council Member
Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - Adjourned at 7:55 p.m. in memory of Gay Wassall-Kelly
The agenda was posted on the City's website and on the City Hall electronic bull in card
located in the entrance of the City Council Chambers at 100 is Cent ive on
November 22, 2017, at 4:00 p.m.
Kevin
Mayor
Volume 63 - Page 411