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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
FEBRUARY 13, 2018
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
STUDY SESSION - 4:30 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
FEBRUARY 13, 2018
STUDY SESSION - 4:30 P.M. (PUBLIC WELCOME)
CLOSED SESSION FOLLOWS STUDY SESSION
REGULAR MEETING - 7:00 P.M.
ROLL CALL - 4:30 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. John Wayne Airport Issues Update
Because this item was not addressed (due to time considerations) at the City Council's
January 2018 Planning Session, staff will update the City Council and community on recent
actions by the City and others regarding the County -owned John Wayne Airport.
SS3. Possible Improvements to the A/V Equipment in the City Council Chambers
Staff will present a plan to allow meeting participants, Council Members, and viewers at home
to better see various presentations and programming within the City Council Chambers.
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
February 13, 2018
Page 2
C. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — LIABILITY CLAIM
(Government Code § 54956.9(d)(2) (e)(3)): 1 matter
Claim: On June 15, 2017, Leonie Mulvihill filed a claim, pursuant to the Government Claims Act,
with the City of Newport Beach. Pursuant to Government Code § 54957.5, the claim is available
for public inspection at the Newport Beach City Clerk's Office located at 100 Civic Center Drive,
Newport Beach, California 92660.
Agency Claimed Against: City of Newport Beach
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION - Sayed Moustafa al-Qazwini, Ph.D., Islamic Education Center of Orange County
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 an early earthquake warning technology briefing (Muldoon)
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 - 15). 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
February 13, 2018
Page 3
XV. CONSENT CALENDAR
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Minutes for the January 23, 2018 City Council Meeting and January 29, 2018 Planning
Session
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. Electronic and Paperless Filing of Fair Political Practices Commission Campaign
Disclosure Statements
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) Introduce Ordinance No. 2018-1, An Ordinance of the City Council of the City of Newport
Beach, California, Adding Chapter 1.26 to the Newport Beach Municipal Code Relating to
Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure
Statements, and pass to second reading on February 27, 2018.
RESOLUTIONS FOR ADOPTION
4. Council Policy Manual Update: Harbor and Beaches "H" Policies
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. 2018-3, A Resolution of the City Council of the City of Newport Beach,
California, Adopting Revised City Council "H" Policies.
5. Non-exclusive 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;
b) Adopt Resolution No. 2018-4, A Resolution of the City Council of the City of Newport Beach,
California, Declaring its Intention to Conduct a Public Hearing to Consider Granting
Non-exclusive Solid Waste Franchises; and
c) Direct the City Clerk to publish Resolution No. 2018-4 within 15 days of its adoption.
6. Resolutions Supporting Submission of Grant Applications Under the Orange County
Transportation Authority (OCTA) Measure M2 Tier 1 Environmental Cleanup Program, and
the Ocean Protection Council's (OPC) Proposition 1 Grant Program
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) Adopt Resolution No. 2018-5, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing and Supporting the Submission of Grant Proposals for Funding Under
the Orange County Transportation Authority Environmental Cleanup Tier 1 Grant Program;
and
c) Adopt Resolution No. 2018-6, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing and Supporting the Submission of Grant Proposals for Funding Under
the California Ocean Protection Council's Proposition 1 Grant Program Under the Water,
Supply and Infrastructures Improvement Act of 2014.
City Council Meeting
February 13, 2018
Page 4
7. Resolution No. 2018-7 Relating to the City Council's 2018 Planning Session
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. 2018-7, A Resolution of the City Council of the City of Newport Beach,
California, Regarding Strategies from the 2018 Planning Session.
8. Issuance of City Council Subpoenas to Investigate Alleged Voter Fraud in the
Unsuccessful Recall Signature Gathering Effort
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. 2018-8, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Issuance of Subpoenas Pursuant to City Charter Section 410,
Compelling the Appearance and Testimony of Witnesses and Production of Documents
Related to the City Council's Investigation of Alleged Voter Fraud in the Unsuccessful Recall
Signature Gathering Effort.
CONTRACTS AND AGREEMENTS
9. Central Avenue Plaza Revitalization — Notice of Completion Contract No. 8197-2 (Project
No. 17H12)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On October 10, 2017, City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302(c);
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.
10. Final Tract Map No. 17555 for a 23 -Unit Residential Condominium Development Located
at 3303 and 3355 Via Lido
a) Find that all significant environmental concerns for the proposed project have been
addressed in the previously adopted Lido Villas Residential Mitigated Negative Declaration
(SCH#2013071050). The final map is within the scope of the previously adopted Mitigated
Negative Declaration in accordance with the California Environmental Quality Act (CEQA);
b) Find that Final Tract Map No. 17555 is in substantial conformance with Tentative Tract Map
No. NT2013-001 for the proposed development as approved by the City Council on
November 12, 2013 (Resolution No. 2013-78);
c) Review and approve the Subdivision Agreement for Final Tract No. 17555 pursuant to
Section 19.36.010 of the Municipal Code, and authorize the Mayor and City Clerk to execute
the Subdivision Agreement;
d) Review and approve the required construction securities for Final Tract No. 17555 pursuant
to Section 19.36.030 of the Municipal Code; and
e) Review and approve Final Tract Map No. 17555 for the subdivision of property located at
3305 and 3355 Via Lido pursuant to Section 19.60.010 of the Municipal Code.
11. Tentative Agreement Amending the Memorandum of Understanding between the City of
Newport Beach and the Newport Beach Firefighters Association
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 consider the Tentative Agreement between the City of Newport Beach and the
Newport Beach Firefighters Association.
City Council Meeting
February 13, 2018
Page 5
12. Enhanced Services and Priority Communications Zone Master License Agreement with
Verizon Wireless
a) Find this activity categorically exempt pursuant to Section 15303 (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) Approve a waiver of City Council Policy F-7, Income Property, based on the findings
contained in the staff report and in the Enhanced Services and Priority Communications Zone
Master License Agreement; and
c) Approve an Enhanced Services and Priority Communications Zone Master License
Agreement with Los Angeles SMSA Limited Partnership (DBA Verizon Wireless) of
Bedminster, New Jersey, and authorize the Mayor and City Clerk to execute the Agreement.
13. Services Agreement with RCS Investigations and Consulting, LLC, for Pre -Employment
Background Investigation Services
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 Services Agreement with RCS Investigations and Consulting, LLC, of Anaheim
Hills, California, for pre-employment background investigation services at a not -to -exceed
cost of $550,000, and authorize the Mayor and City Clerk to execute the Agreement.
MISCELLANEOUS
14. Planning Commission Agenda for February 8, 2018 — canceled
15. Harbor Commission's 2018 Objectives
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 Harbor Commission's 2018 Objectives.
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
16. A Resolution to Adjust Rent Charged for Commercial Fuel Docks
a) Conduct a public hearing;
b) Find this project 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 this project has no potential to have a
significant effect on the environment; and
c) Adopt Resolution No. 2018-9, A Resolution of the City Council of the City of Newport Beach,
California, Adjusting the Rent Charged for Commercial Fuel Docks, Located Upon Tidelands.
City Council Meeting
February 13, 2018
Page 6
XX. CURRENT BUSINESS
17. Newport Beach Police Department Remodel —Award of Contract No. 7261-1 (17F12)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) 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 TL Veterans Construction, Inc. as the lowest responsive bidder;
d) Award Contract No. 7261-1 to TL Veterans Construction, Inc. (TLV) for the total bid price of
$496,800.00, and authorize the Mayor and City Clerk to execute the contract; and
e) Establish a contingency of $50,200.00 (approximately 10 percent) to cover the cost of
unforeseen work not included in the original contract.
XXI. 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.
XXII. ADJOURNMENT - In memory of Dan Gurney
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