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Home My WebLink About00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING SEPTEMBER 11, 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 GRACE K. LEUNG, City Manager AARON C. HARP, City Attorney LEILANI I. 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 w-ith 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 SEPTEMBER 11, 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. Presentation of Check from the Newport Beach Public Library Foundation SS3. Traffic Signal System Technology Update With a continued focus of improving the efficiency of the Newport Beach roadway network, Public Works staff continually monitors emerging technology for integration into the City's modern transportation system. Public Works staff will provide an update on recent deployments of advanced transportation technology and upcoming projects. 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. CONSENT CALENDAR ITEM TO BE CONSIDERED PRIOR TO CLOSED SESSION AT THE REQUEST OF MAYOR DUFFIELD 1. Designation of City's Representatives Under California Government Code Section 54957.6(a) Pursuant to California Government Code Section 54957.6(a), designate City Manager Grace Leung, along with Assistant City Manager Carol Jacobs, Human Resources Director Barbara Salvini, and Peter Brown, Esq., as the City's representatives for purposes of labor negotiations with all organizations representing City of Newport Beach employees including, but not limited to, the Association of Newport Beach Ocean Lifeguards, the Newport Beach City Employees Association, the Newport Beach Firefighters Association, the Newport Beach Fire Management Association, the Newport Beach Lifeguard Management Association, Newport Beach Employees League, the Part Time Employees Association of Newport Beach, the Newport Beach Police Association, the Newport Beach Police Management Association, and the Newport Beach Professional and Technical Employees Association. V. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Grace Leung, City Manager, Carol Jacobs, Assistant City Manager, Barbara Salvini, Human Resources Director, and Peter Brown; Labor Negotiators. City Council Meeting September 11, 2018 Page 2 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 C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957(b)(1)): 2 matters Title: Aaron C. Harp, City Attorney Title: Leilani I. Brown, City Clerk VI. RECESS VII. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VIII. ROLL CALL IX. CLOSED SESSION REPORT X. INVOCATION XI. PLEDGE OF ALLEGIANCE XII. 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. XIII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) XIV. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • City's approach to trees, tree trimming, and how public and private views can be affected (Dixon) XV. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 10). 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. City Council Meeting September 11, 2018 Page 3 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. XVI. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 2. Minutes for the August 14, 2018 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. 3. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. RESOLUTION FOR ADOPTION 4. Modification of Categorical Exclusion Order CE-5-NPB-16-1 a) Find the action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 — Existing Facilities), Section 15302 (Class 2 — Replacement or Reconstruction), Section 15303 (Class 3 — New Construction or Conversion of Small Structures) and Section 15332 (Class 32 — Infill Development Projects) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment. Additionally, the action is exempt under CEQA Section 15265 because the Categorical Exemption relates to the City's Local Coastal Program; and b) Adopt Resolution No. 2018-64, A Resolution of the City Council of the City of Newport Beach, California, Accepting and Agreeing to the Terms and Conditions of Categorical Exclusion Order CE-5-NPB-16-A1. CONTRACTS AND AGREEMENTS 5. Annual Concrete Replacement Program — Notice of Completion for Contract No. 7168-1 (18R06) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On January 23, 2018, the 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 Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. 6. Grant Howald Park Rehabilitation Project — Award of Contract No. 7476-1 (19P11) for Landscape Architecture and Civil Engineering Services a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(d) (Restoration or rehabilitation of deteriorated facilities to meet current standards of public health and safety) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the scope of services; c) Award Contract No. 7476-1 to RJM Design Group, Inc. for a not -to -exceed price of $281,790.00 (including $25,620.00, approximately 10 percent, contingency for unexpected costs), and authorize the Mayor and City Clerk to execute the contract; and d) Approve Budget Amendment No. 19BA-007 appropriating $90,000.00 from the unappropriated Facilities Financing Program: Parks and Community Centers Fund to Account No. 56201-980000-19P11 (Grant Howald Park Rehabilitation). City Council Meeting September 11, 2018 Page 4 7. Approval of Amendment No. 2 to Maintenance/Repair Services Agreement with Park West Landscape Maintenance, Inc. for Landscape Maintenance of Medians and Roadsides (C-5959) 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 Amendment No. 2 to the current Maintenance/Repair Services Agreement with Park West Landscape Maintenance, Inc. for landscape maintenance of medians and roadsides to add $2,247,000 to the agreement for a new total not to exceed value of $9,784,791, extend the contract term to November 30, 2019, and authorize the Mayor and City Clerk to execute Amendment No. 2 to the Agreement. 8. Acceptance of 2018/2019 State of California, Office of Traffic Safety DUI Enforcement, Awareness and Traffic Safety Programs Grant PT19076 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) Authorize the City Council to accept a $225,000 Selective Traffic Enforcement Program ("STEP") award granted to the Newport Beach Police Department by the OTS per Council Policies F-3 and F-25. To comply with Council Policy F-3, City Council must formally accept the award of $225,000 and create a new appropriation to expend the money; and c) Approve Budget Amendment No. 19BA-005 increasing Police revenue estimates and expenditure appropriations by $225,000. MISCELLANEOUS 9. Budget Amendment to Accept a Check from the Newport Beach Public Library Foundation and Appropriate Funds to the Library's Fiscal Year 2018/2019 Maintenance and Operation Budget 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 Budget Amendment No. 19BA-006 to increase revenue estimates by $153,125 in Account 0106051-511085 (Library Foundation Donations) and to increase expenditure estimates by the same amount in Division 0106051 (Library Foundation) and Division 01060604 (Literacy Services). 10. City Hall and Limited Off -Site Holiday Closure Monday, December 24, 2018, through Tuesday, January 1, 2019 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 closing the Civic Center and providing limited services at off-site facilities from Monday, December 24, 2018 through Tuesday, January 1, 2019. All facilities would reopen on Wednesday, January 2, 2019. The proposed closure does not apply to public safety services or emergency on-call functions. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVII. ITEMS REMOVED FROM THE CONSENT CALENDAR XVIII. 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. City Council Meeting September 11, 2018 Page 5 EA K: 41:7_1g04a*]:4&Va:0]61101kV94011111 ZI:NIwe] [401LTA I1ilftiI =1 =F_T419kyjkII*' XX. PUBLIC HEARINGS 11. Community Development Block Grant Program Year 2017-2018, Consolidated Annual Performance and Evaluation Report a) Hold a public hearing to receive comments on the Program Year 2017-2018 CAPER; b) 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; c) Approve the Program Year 2017-2018 CAPER; and d) Direct the City Manager or her designee to submit the Program Year 2017-2018 CAPER to HUD. 12. Accessory Dwelling Unit Ordinance Update (PA2018-099) a) Conduct a public hearing; b) Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA; c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2018- 14, An Ordinance of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2018-003 to Implement Revisions to State Law Relating to Accessory Dwelling Units (PA2018-099), and pass to second reading on September 25, 2018; and d) Adopt Resolution No. 2018-65, A Resolution of the City Council of Newport Beach, California, Authorizing the Submittal of Local Coastal Program Amendment No. LC2018-002 to the California Coastal Commission Implementing New State Law Requirements Relating to Accessory Dwelling Units (PA2018-099). 13. Approval of the Life Safety Services Fee Study Update a) Conduct a public hearing to receive comments on the LSS Fee Study Update; 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; c) Adopt Resolution No. 2018-66, A Resolution of the City Council of the City of Newport Beach, California, Revising Certain Life Safety Services Fees within the Schedule of Rents, Fines, and Fees; and d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2018- 15, An Ordinance of the City Council of the City of Newport Beach, California, Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery, and pass to second reading on September 25, 2018. 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 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