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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
MAY 22, 2018
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
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, 2"d 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(a)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
MAY 22, 2018
STUDY SESSION - 4:30 P.M. (PUBLIC WELCOME)
CLOSED SESSION FOLLOWS STUDY SESSION
REGULAR MEETING - 7:00 P.M.
NOTE: A Special Joint Meeting of the Newport Beach City Council and the Finance Committee will
be held at 4:00 p.m. in the same location (City Council Chambers) to go over the Proposed FY 2018-
19 Budget. Please see the separate agenda for this meeting. The public is welcome to attend the
Special Joint Meeting, as well as the City Council Study Session and Regular Meeting.
ROLL CALL - 4:30 p.m. (or shortly thereafter, following the Special Joint Meeting of the City
Council and Finance Committee)
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Public Works Week Proclamation
SS3. Orange County Human Relations Annual Report
Representatives from the non-profit Orange County Human Relations organization will
present the OCHR's accomplishments, goals and focus areas for 2018 and beyond.
SS4. Wireless Telecommunications Antennas on Street Light Poles
Community Development Department and Public Works Department staff will discuss current
concepts and designs for the placement of cellular companies' antennas on City -owned
street light poles.
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 Fire Management Association (NBFMA); Newport Beach Police
Association (NBPA); Newport Beach Police Management Association (NBPMA); and Newport
Beach Professional and Technical Employee Association (NBPTEA).
City Council Meeting
May 22, 2018
Page 2
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2) and (e)(1)): 1 matter
C. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 2 matters
1. Orange County Catholic Worker, et al. v. Orange County, et al.
Cross-complaint by City of Santa Ana against County of Orange, et al.
United States District Court, Central District, Case No. SA CV 18 -0155 -DOC (JDE)
2. Ashley Lauren Watts v. City of Newport Beach
United States District Court, Central District, Case No. 8:17-cv-01099-AG-SK
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 placing a charter amendment on the November ballot that would provide
for voter -approval of certain debt, such as Certificates of Participation (Peotter)
• Consideration of reorganizing the Finance Committee to be a 7 -member all citizens
committee (versus one with 3 Council Members and 4 citizens), starting July 1, 2019
(Peotter)
• Consideration of sending a letter in support of HR 5724 relating to recovery facilities, the
Affordable Care Act, and more (Peotter)
City Council Meeting
May 22, 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 - 18). 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 May 8, 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.
ORDINANCES FOR INTRODUCTION
3. Council Policy Manual Update: H-1 Harbor Permit Policy
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. 2018-24, A Resolution of the City Council of the City of Newport Beach,
California, Adopting Revised City Council Policy H-1; and
c) Introduce Ordinance No. 2018-5, An Ordinance of the City Council of the City of Newport
Beach, California, Amending Newport Beach Municipal Code Chapter 17.35 Relating to the
Prohibition of Piers and Floats in Certain Areas of Newport Harbor, and pass to second
reading on June 12, 2018.
4. Proposed Re -organizations of the Public Works Department, Municipal Operations
Department, Creation of a Utilities Department
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) Introduce Ordinance 2018-6, An Ordinance of the City Council of the City of Newport Beach,
California, Abolishing the Municipal Operations Department, Adding the Former General
Services Division to the Public Works Department as the Municipal Operations Division, and
Creating the Utilities Department, and pass to second reading on June 12, 2018; and
c) Adopt Resolution 2018-25, A Resolution of the City Council of the City of Newport Beach,
California, Creating Positions and Amending and Establishing Position Classifications and
Salary Ranges for the Public Works Department and Utilities Department.
5. Proposed Creation of a Harbor Department
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
May 22, 2018
Page 4
b) Introduce Ordinance 2018-7, An Ordinance of the City Council of the City of Newport Beach,
California, Creating a Harbor Department, and pass to second reading on June 12, 2018;
c) Adopt Resolution 2018-26, A Resolution of the City Council of the City of Newport Beach,
California, Creating Positions and Amending and Establishing Position Classifications and
Salary Ranges for the Harbor Department,
d) Introduce Ordinance 2018-8, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Sections 2.12.010, 2.12.018, and 2.12.100, Adding Section 2.12.120
to Chapter 2.12 of Title 2 of the Newport Beach Municipal Code, Pertaining to the Utilities
Department, Public Works Department, and Harbor Department, and pass to second reading
on June 12, 2018; and
e) Introduce Ordinance 2018-9, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Newport Beach Municipal Code Title 17 Harbor Code, and pass to
second reading on June 12, 2018.
RESOLUTIONS FOR ADOPTION
6. Resolution of Intention to Renew the Newport Beach Restaurant Association Business
Improvement District and Levy Assessments in Fiscal Year 2018-2019 (Resolution
No. 2018-27); and Approve Funding Support Through Fiscal Year 2020-2021
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) Approve the Newport Beach Restaurant Association Business Improvement District's Fiscal
Year 2017-2018 Annual Report and its Proposed Fiscal Year 2018-2019 Budget;
c) Adopt Resolution No. 2018-27, A Resolution of the City Council of the City of Newport Beach,
California, Declaring its Intention to Renew the Newport Beach Restaurant Association
Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2018 to
June 30, 2019, and Fix the Time and Place of a Public Hearing for June 12, 2018; and
d) Approve a commitment of City funding support to the Newport Beach Restaurant Association
Business Improvement District through fiscal year 2020-2021.
7. Resolution of Intention to Renew the Corona del Mar Business Improvement District; Levy
Assessments in Fiscal Year 2018-2019 (Resolution No. 2018-28); and Approve Funding
Support Through Fiscal Year 2020-2021
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) Approve the Corona del Mar Business Improvement District's Fiscal Year 2017-2018 Annual
Report and its Proposed Fiscal Year 2018-2019 Budget;
c) Adopt Resolution No. 2018-28, A Resolution of the City Council of the City of Newport Beach,
California, Declaring its Intention to Renew the Corona del Mar Business Improvement
District and Levy Assessments for the Fiscal Year of July 1, 2018 to June 30, 2019, and Fix
the Time and Place of a Public Hearing for June 12, 2018; and
d) Approve a commitment of City funding support to the Corona del Mar Business Improvement
District through fiscal year 2020-2021.
8. Resolution Authorizing the Submittal an Application for the WaterSMART: Water and
Energy Efficiency Grant for 2018
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. 2018-29, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Submittal of an Application for the WaterSMART: Water and
Energy Efficiency Grant for 2018 for the City's Advanced Meter Infrastructure Solution
Project.
City Council Meeting
May 22, 2018
Page 5
9. Debt Management Policy F-6 Revisions
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. 2018-30, A Resolution of the City Council of the City of Newport Beach,
California, Amending City Council Policy F-6, Debt Management Policy.
CONTRACTS AND AGREEMENTS
10. Balboa Island Water Main Replacement Phase I — Notice of Completion of Contract
No. 7173-1 (Project No. 16W11)
a) On November 28, 2017, City Council found this project exempt from the California
Environmental Quality Act) pursuant to Sections 15302 (replacement of existing facilities
involving negligible expansion of capacity);
b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
c) 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
d) Release the Faithful Performance Bond one year after the acceptance by the City Council.
11. Bayview Heights Drainage Project — Award of Contract No. 7109-1 (15X11)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15333 (Small Habitat Restoration Projects) and Section 15304 (Class 4 Minor
Alterations to Land) of the CEQA Guidelines, because it has no potential to have a significant
effect on the environment;
b) Approve the project drawings and specifications;
c) Award Contract No. 7109-1 to Jeremy Harris Construction for the total bid amount of
$313,874.70, and authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $31,300.00 (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-038 transferring $77,000.00 from project savings
from Account No. 10001-980000-15H19 (Tidegate Retrofit Project) to Account No. 10001-
980000-15X11 for the Bayview Heights Drainage Project.
12. Agreement for the Purchase of One Freightliner Compressed Natural Gas Fueled (CNG)
3 -Axle Dump Truck
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 an agreement for the purchase of one Freightliner CNG -powered 3 -Axle Dump
Truck from Los Angeles Truck Centers, LLC DBA Los Angeles Freightliner for a total cost of
$228,090.04, and authorize the Mayor and City Clerk to execute the agreement.
13. Agreement for the Purchase of a 2018 Rockland MFG Beach King
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 an agreement for the purchase of one 2018 Rockland MFG Beach King from RDO
Equipment Co. for a total cost of $148,695.00, and authorize the Mayor and City Clerk to
execute the agreement.
14. Tentative Agreement with Lifeguard Management Association (LMA)
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
City Council Meeting
May 22, 2018
Page 6
b) Receive and consider the Tentative Agreement between the City of Newport Beach and the
Lifeguard Management Association.
15. Airport Consulting - Contract with Tom Edwards
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) Authorize the Mayor to sign Amendment No. One to Professional Services Agreement with
Thomas Cole Edwards, Inc.
MISCELLANEOUS
16. Planning Commission Agenda for May 17, 2018
Receive and file.
17. Set Public Hearing Date to Adopt Fiscal Year 2018-2019 Budget
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) Schedule a public hearing of the City's Proposed Budget for Fiscal Year 2018-2019 on
June 12, 2018, and direct the City Clerk to publish a notice of said hearing in accordance
with Section 1102 of the Newport Beach Charter.
18. Confirm Appointment to Balboa Village Advisory Committee to Represent the Discover
Cube's Ocean Quest
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 the Mayor's BVAC appointment of Colleen D'Aluisio to represent Discovery Cube's
Ocean Quest for the term that expires on December 31, 2018.
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
19. Traffic Signal Maintenance and Repair Agreement — Approval of Maintenance / Repair
Services Agreement with Siemens, Inc.
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) Approve a Professional Services Agreement with Siemens, Inc. of Anaheim, for maintenance
and repair of the City's traffic signal system for a not to exceed fee of $500,000.00 per year.
The initial term of the Agreement shall be for one year with the option to extend the
agreement for an additional four years; and
c) Authorize the Mayor and City Clerk to execute the Agreement.
City Council Meeting
May 22, 2018
Page 7
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