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Home My WebLink About00 - AgendaMn CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING JULY 10, 2018 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION - 4:00 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, 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 JULY 10, 2018 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. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Friends of the Newport Beach Animal Shelter (FONBAS) — One Year Update A brief presentation by FONBAS in regards to recent activities and news about the animal shelter. SS3. FEMA Flood Plain Update Community Development will present information recently provided back from FEMA about the designation of flood plain areas in low-lying parts of Newport Beach. SS4. Life Safety Services and Other Fee Study Updates The Finance Department will provide a summary of recommended updates to fees associated with Fire and Emergency Medical Services fees. 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); Newport Beach Professional and Technical Employee Association (NBPTEA); Newport Beach Employees League (NBEL); Part Time Employees Association of Newport Beach (PTEANB); and Association of Newport Beach Ocean Lifeguards (ANBOL). B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION — INITIATION OF LITIGATION (Government Code § 54956.9(d)(4): 1 matter City Council Meeting July 10, 2018 Page 2 C. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Merik J. Migliore, etc. v. City of Newport Beach, et al. Orange County Superior Court, Central Justice Center Case No. 30-2014-00720608-CU-CR-CJC D. PUBLIC EMPLOYEE APPOINTMENT (Government Code § 54957 (b)(1)): 1 matter Title: City Manager. The City Council will consider all matters authorized by Government Code Section 54957 (b)(1) related to the appointment of a new City Manager; however, the City Council will not be appointing a new City Manager at this meeting. E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957 (b)(1)): 2 matters Title: Leilani I. Brown, City Clerk Title: Aaron C. Harp, City Attorney F. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6 (a)): 2 matters Agency Designated Representative: Marshall "Duffy" Duffield, Mayor Unrepresented Employee: Leilani I. Brown, City Clerk and Aaron C. Harp, City Attorney 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) City Council Meeting July 10, 2018 Page 3 XIII. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 11). 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. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the June 26, 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 ADOPTION 3. Creation of a Harbor Department — Second Reading of Ordinance Nos. 2018-10 and 2018-11 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 Ordinance No. 2018-10, An Ordinance of the City Council of the City of Newport Beach, California, Creating a Harbor Department and Folding the Harbor Resources Division into the Engineering Services Division of the Public Works Department; and c) Adopt Ordinance No. 2018-11, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Title and Introductory Table of Chapter 2.12, Section 2.12.010 and Adding Section 2.12.120 to Title 2 of the Newport Beach Municipal Code, Pertaining to the Harbor Department. RESOLUTION FOR ADOPTION 4. Medi -Cal Managed Care Rate Range Intergovernmental Transfer (IGT) Program 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. 2018-53, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the City Manager, or Designee, to Execute Agreements with the Department of Health Care Services (DHCS) and CalOptima to Participate in the FY 2017- 2018 Medi -Cal Rate Range Intergovernmental Transfer (IGT) Program; and c) Approve Budget Amendment No. 19BA-001 appropriating $273,017 from the General Fund unappropriated surplus fund balance to the Medi -Cal IGT account 01040404-821008 and to increase revenue estimates by $574,282 in the Medi -Cal IGT account 01040404-431246 of the Fire Department. City Council Meeting July 10, 2018 Page 4 CONTRACTS AND AGREEMENTS 5. Notice of Completion for Fire Station No. 6 Apparatus Bay Replacement — Contract No. 6422 (Project No. 16F11) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On June 13, 2017, City Council found this action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction); 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. 6. 2017-2018 Streetlight Improvement Project — Award of Contract No. 6269 (17V02) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15302(c) (replacement of existing facilities involving negligible expansion of capacity) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve the project drawings and specifications; c) Award Contract No. 6269 to Elecnor Belco Electric, Inc. for the total bid price of $478,015.00 and authorize the Mayor and City Clerk to execute the contract; and d) Establish and encumber a $48,000.00 (approximately 10 percent), contingency amount to cover the cost of unforeseen work not included in the original contract. 7. Geotechnical and Material Testing Services — Approval of On-call Professional Services Agreements a) Determine that 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 it will not result in a physical change to the environment, directly or indirectly; and b) Approve four separate on-call Professional Services Agreements with GMU Geotechnical, Group Delta, Geocon West, and American Geotechnical for geotechnical and material testing services at a not -to -exceed amount of $300,000 per agreement, and authorize the Mayor and City Clerk to execute the agreements. 8. Marine Avenue Storm Drain Pump Station and Drainage Systems Design — Approval of Professional Services Agreement (Project No. 191312) 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 PACE of Fountain Valley, California, for Marine Avenue Storm Drain Pump Station and Drainage project at a not -to -exceed price of $395,300.00, and authorize Mayor and City Clerk to execute the Agreement; and c) Approve Budget Amendment No. 19BA-002 transferring $145,300.00 from Account No. 01201926-980000-19D11 (Balboa Island Drainage Master Plan) to Account 01201926- 980000-19D12 (Marine Avenue Drainage System Improvements). 9. Concrete Street Pavement Reconstruction Project Design — Approval of Professional Services Agreement (18R21) 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 PENCO Engineering, Inc. of Irvine, California, for the Concrete Street Pavement Reconstruction Project at a not -to -exceed price of $150,700.00, and authorize the Mayor and City Clerk to execute the Agreement. City Council Meeting July 10, 2018 Page 5 10. Professional Services Agreement with Environmental Science Associates for Environmental Services for a Proposed 275 -Room Hotel Project Located at the Newport Dunes Resort (PA2016-175) 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 Professional Services Agreement with ESA and authorize the Mayor and City Clerk to execute the agreement. II d�Y�1��1►�Ix�l►��1 11. Temporary Suspension of a Portion of City Council Policy B-17, Parks, Facilities and Recreation Program Donations 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) Temporarily suspend until further action by the City Council, the acceptance of, and action on, any applications for donations of trees, benches or other tangible street or park furniture as allowed for in City Council Policy B-17, Parks, Facilities and Recreation Program Donations. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XV. ITEMS REMOVED FROM THE CONSENT CALENDAR XVI. 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. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVIII. PUBLIC HEARING 12. Resolution No. 2018-54, Modifying the Newport Beach Tourism Business Improvement District's Management District Plan a) Conduct a public hearing; b) 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 c) Adopt Resolution No. 2018-54, A Resolution of the City Council of the City of Newport Beach, California, Amending the Management District Plan of the Newport Beach Tourism Business Improvement District. XIX. 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. XX. 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