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Home My WebLink About00 - Agenda/off v `qLl FO®�v CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING JANUARY 23, 2018 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 5:00 P.M. (PUBLIC WELCOME) CLOSED SESSION FOLLOWS STUDY SESSION REGULAR MEETING - 7:00 P.M. DUFFY DUFFIELD, Mayor WILL O'NEILL, Mayor Pro Tem BRAD AVERY, Council Member DIANE B. DIXON, Council Member JEFF HERDMAN, Council Member KEVIN MULDOON, 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. Agendas, minutes and staff reports are also available on the City's webpage at 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 JANUARY 23, 2018 STUDY SESSION - 5:00 P.M. (PUBLIC WELCOME) CLOSED SESSION FOLLOWS STUDY SESSION REGULAR MEETING - 7:00 P.M. ROLL CALL - 5:00 p.m. [oil] NC7=1ki11A 11'PiIZ1**"'l SS1. Clarification of Items on the Consent Calendar SS2. Balboa Peninsula Trolley Program Review — Recommendations Going Forward City staff will summarize impressions and results about the 2017 summer season trolley program on the Balboa Peninsula, as well as some concepts going forward should the program advance into 2018. 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 January 23, 2018 Page 2 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. D. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Ashley Lauren Watts v. City of Newport Beach et al. United States District Court Case No. 8:17-cv-01099-AG(SKx) V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING 1IF/1zTelmly_1" VIII. CLOSED SESSION REPORT IX. INVOCATION - Rev. Joy Price, Christ Church by the Sea 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 whether the Zoning Code should be changed to require that certain construction projects that significantly impact parking in residential neighborhoods should have a parking management plan (Peotter) • Consideration of placing a permanent aviation noise monitor (it would be a non -regulatory monitor) on or near Balboa Island (Peotter) City Council Meeting January 23, 2018 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 - 6). 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 January 9, 2018 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. CONTRACTS AND AGREEMENTS 3. Annual Concrete Replacement Program - Award of Contract No. 7168-1 (181106) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) Class 2, (reconstruction of existing facility involving negligible or no expansion of capacity) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; b) Approve the project specifications; c) Award Contract No. 7168-1 to Nobest, Inc. for the total bid amount of $784,000.00, and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $80,000.00 (approximately 10% of Total Bid) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 18BA-024 transferring $100,000.00 from the Utilities Yard Tipping Floor project (Account No. 70201932-980000-18W14) to Account No. 70201932- 980000-18R06; $201,400.00 from Account No. 01201927-980000-15R14 (Corona del Mar Concrete Replacement) to Account No. 01201927-980000-18R06; and $22,600.00 from 01201927-980000-17R06 (FY 2017 Concrete Replacement) to Account No. 01201927- 980000-18R06 for FY 2018 Concrete Replacement Program. 4. Amendment of Professional Services Agreement with Psomas DBA BonTerra Psomas for Environmental Services for the Proposed Harbor Pointe Senior Living Project Located at 101 Bayview Place (PA2015-210) 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. 5. Agreement for Refuse Container Collection Services with Robert's Waste & Recycling, Inc. 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; City Council Meeting January 23, 2018 Page 4 b) Approve the agreement with Robert's Waste and Recycling, Inc. for refuse container collection services for a five-year term with a total not -to -exceed amount of $2,025,000, and authorize the Mayor and City Clerk to execute the agreement; and c) Approve Budget Amendment No. 18BA-023 to increase expenditure appropriations by $100,000 from General Fund unappropriated fund balance into Org/Object 0109021-811023, Field Maintenance, Beach Trash Can Collection; OR d) Reject all proposals, extend the current agreement with Robert's Waste and Recycling through June 30, 2018, and direct staff to issue a new Request for Proposals or Request for Bids solicitation. MISCELLANEOUS 6. Planning Commission Agenda for January 18, 2018 Receive and file. 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. PUBLIC HEARING 7. Appeal of Lido Marina Village Parking Management Plan Amendment, Conditional Use Permit No. UP2017-019 (PA2017-135) — continued from the January 9, 2018 City Council meeting a) Conduct a public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and c) Adopt Resolution No. 2018-2, A Resolution of the City Council of the City of Newport Beach, California, Denying an Appeal Filed by Electra Cruises Inc. and Approving Conditional Use Permit No. UP2017-019 Authorizing a Parking Management Plan, a Parking Reduction, and Off -Site Parking for Lido Marina Village and Superseding Conditional Use Permit No. UP2014-014 (PA2017-135). 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