Loading...
HomeMy WebLinkAbout08/14/2018 - Study Session / Regular Meeting/ CITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting August 14, 2018 I. ROLL CALL - 3:45 p.m. H. Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield SS1. Clarification of Items on the Consent Calendar - None In response to Council Member Dixon's question regarding Item No. 3 (Second Reading of Ordinance No. 2018-13 Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery), City Manager Kiff confirmed that the fee for the Junior Lifeguard program would be brought up the next time the fee schedule comes back to Council. Mayor Duffield recused himself from Item 3 discussions due to source of income conflicts. In response to Council Member Dixon's question regarding Item No. 5 (City Council "L" Policies Update 2018 Regarding Public Works/Traffic/Utilities), City Attorney Harp indicated that he was not aware of the correspondence Council Member Dixon was referring to and would have to respond at a later date. Mayor Pro Tem O'Neill indicated that he might pull Item No. 5 from the Consent Calendar for further clarification. Council Member Muldoon recused himself from Item 5 due to source of income conflicts. SS2. Literacy Awareness Day Cherall Weiss thanked the Council for recognizing literacy day, announced that the online high school program recently had its first group of adults to receive their high school diplomas and indicated the library would be hosting a literacy day on September 13, 2018. Mayor Duffield read the proclamation and presented it to Cherall Weiss. Mayor Pro Tem O'Neill encouraged citizens to get involved with the Newport Beach ProLiteracy program. SS3. Presentation of Check from the Friends of the Library Amy Hunt, President of Friends of the Library, and Catherine Wallach, Friends of the Library Board Member, presented a check to Library Services Manager Basmaciyan, on behalf of the City, and discussed how the donation will be spent. SS4. Presentation to City Manager Dave Kiff In honor of City Manager Kiffs upcoming retirement, Mayor Duffield read and presented a proclamation to City Manager Kiff declaring August 14, 2018 to be Dave Kiff Day in Newport Beach. City Manager Kiff expressed his thanks and gratitude to Council, Staff and the Citizens of Newport Beach. Volume 63 - Page 579 City of Newport Beach Study Session and Regular Meeting August 14, 2018 SS5. Newport Heights Traffic Study City Manager Kiff discussed the background and the procedure for the Traffic Study item. Deputy Public Works Director Vukojevic and Traffic Engineer Brine utilized a PowerPoint presentation to highlight the study area, community outreach, current conditions and recommendations for Newport Heights Elementary School, Ensign Middle School and Newport Harbor High School, general area improvements, resident comments and requests, police enforcement and speed counts, Clay Street bike lanes, parking counts from 7:00 a.m. to 6:00 p.m., sidewalk requests, map of existing sidewalks, stop sign requests, existing stop signs, Beacon Street school traffic recommendations, red curbs and one-way streets, Gina Cereda expressed hope that Council will move forward and execute some of the plans and felt that the actual count of kids in the area seems to be much higher than what the study indicated. Nancy Turner suggested Estancia should include grades 7 to 12 so the kids in that area can go to their neighborhood school, removing portable trailers from Ensign, lowering student capacity, eliminate the need to schedule assemblies at the beginning of the school day, educating parents and students on the proper etiquette of how to behave when coming into the neighborhoods, and encouraging parents to carpool during assemblies. Houman Ehsan believed the traffic study missed a few facets, such as alley and pedestrian traffic on Beacon and the danger of cars dropping off pedestrians on Beacon Street. He suggested restricting parking to one side of Beacon and keeping the other side as a main pedestrian walkway, as well as creating permit parking for residents and questioned where people are supposed to park between 7:00 a.m. and 9:00 a.m. on Irvine and Clay; both streets are blocked to traffic at that time. Murphy McCann emphasized the need to enforce traffic laws in Newport Heights, for kids to know it's okay to ride their bikes on the sidewalks to school, for educating students on proper neighborhood etiquette, for infrastructure improvements, and for a stop sign at Kings Road and Cliff, and a sidewalk on Santa Ana south of 15th Street. Connor Best expressed his support of staffs recommendations, thanked staff for the hard work and for finding a good compromise on the traffic study. Catherine Anderson indicated that children and safety are the most important factors, that there are more cars on Clay Street than 15th Street, and that residents were not notified of the community meetings, disagreed with turning Clay Street into a bike corridor, and requested sidewalks, a feasibility study, and shared level 2 zoned parking. Kevin Healy stressed student safety; bike lanes will not work in the Newport Heights neighborhood and would create a high-risk situation, and requested more traffic studies be done. Charles Klobe distributed a handout regarding Bicycle Master Plan (BMP), discussed the history of how the BMP was created and indicated that he does not support bike lanes and sidewalks on Clay Street, and that the residents on Clay were not properly notified by City Staff regarding community meetings. Peter Boyd voiced his support for traffic recommendations by staff for the safety program and suggested having parking on one side of Clay Street and bike lanes on the other. An unidentified speaker voiced her concern about kids biking to school, the vehicle congestion on Clay Street and the litigation exposure this puts on the City. Volume 63 - Page 580 City of Newport Beach Study Session and Regular Meeting August 14, 2018 Jay Rutter suggested educating children on safety rules when walking and biking to school, adding more police enforcement, not changing Clay Street, staggering start times for each school, and diverting school traffic to other streets. Scott Barnard thanked staff for the great work, voiced support for all changes except for Clay Street bike lane, and suggested moving the bike lane to 15th Street where there are sidewalks. Joe Martelli remarked that the traffic is only for a short period of time, but kids are riding and walking in the middle of the street and putting in a bike lane won't solve the problem. He requested further studies and suggested placing bike lanes on streets where there are sidewalks. Rowin Jacobs discussed the traffic difficulty at Clay and Tustin streets, displayed a chart with bike counts on each street in the area, suggested a bike lane or sharrow on 15th Street, asked Staff if skateboarders were counted in the study and remarked that there is much more traffic on Clay Street than 15th Street. Nancy Scarborough distributed a handout regarding the traffic count and parking on Clay and Tustin streets and indicated she does not support any of the changes suggested on Clay Street. She believed the City parking count was done during alley pavement and therefore was not an accurate count, and suggested Council table or postpone the item. John Blom took issue with an overgrown hedge at the intersection of 15th and Gary Street, indicated the traffic visibility is very poor, and asked City staff to look into trimming it back. Curt Herberts indicated his support for nearly all the recommendations for children's safety in Newport Heights, is opposed to a bike lane and elimination of parking on Clay Street and expressed his disappointment at not being notified of the public meetings for the traffic study. Chris Budnick believed that bike lanes should be on 15th Street and that Clay Street has increased truck traffic, took issue with the consultant's data regarding Clay Street and 15th Street, performed his own traffic count, shared those results and his thoughts on bicycle safety. An unidentified speaker remarked that large trucks are using 15th Street to avoid speed bumps on 16th Street and voiced concerned about putting in a bike lane there as the traffic is very busy. Bernadette McCann expressed her appreciation to the City for completing the study, indicated children's safety is the priority, focus should be on future neighborhood changes and what the City can and cannot control and suggested increasing police enforcement and continuance on infrastructure safety changes. She reminded everyone that Clay Street is one of many streets and there is a huge population that does not have a say but is directly impacted by the traffic. An unidentified speaker expressed the priority of child safety, voiced concerns with Fullerton Street traffic, parking access for senior citizens, kids wanting a sidewalk and not a bike lane, and not being notified of the public meetings regarding the traffic study. In response to Council Member Peotter's question, Traffic Engineer Brine indicated the City is ready to proceed with the majority of recommendations (signage, implementing drop-off areas) and would like to do as much as possible before the new school year begins. The discussion continued regarding Clay Street and it was recommended by Council Member Peotter to implement the other suggestions, do more studies and outreach, and implement Clay Street improvements at a later time, perhaps after the holidays. Volume 63 - Page 581 City of Newport Beach Study Session and Regular Meeting August 14, 2018 Mayor Pro Tem O'Neill echoed the need to move forward with most of the recommendations and to do more outreach regarding Clay Street, asked for more information on allowing kids to ride their bikes on sidewalks, how Staff comes to study conclusions with traffic, sidewalks, sharrows and individual streets and what the school district's responsibilities are. Council Member Dixon thanked City staff and the McCann family for recognizing the importance of school and sidewalk safety and how children are traveling on City streets, agreed that, excluding Clay Street, all the improvements should be implemented as quickly as possible, expressed disappointment that some residents felt they were not notified properly and urged staff to do additional outreach with Clay and 15th Streets. Council Member Avery felt the City failed to reach a large segment of the residents and asked Traffic Engineer Brine for clarification on what the normal process is for notifying residents on these types of studies. In response, Traffic Engineer Brine indicated the City puts out meeting notices on the City Web, neighborhood applications, homeowners associations, and schools. Discussion continued regarding Clay Street, concluding with Council Member Avery thanking Traffic Engineer Brine for his efforts and asking for clarification on the rationale of why certain recommendations were made. Mayor Duffield thanked Public Works staff for their hard work on such a complex matrix and requested conducting further outreach on Clay Street and getting as much of the work done before school starts and conducting further outreach on Clay Street. With a unanimous approval from Council, City Manager Kiff announced the item would be carried forward to later that evening at the regular meeting when Council would ratify all sections of the study, except Clay Street and direct Staff to conduct more outreach on Clay Street, as well as pursue the process needed to allow bikes on sidewalks. SSS. Shared Mobility Devices — Bird Scooters, Lime Bikes, and More In response to Council Member Muldoon's question, City Attorney Harp recommended he recuse himself from this item until further review since Council Member Muldoon works with clients in the telecommunications business and this has a potential impact on his source of income. In response to Mayor Pro Tem O'Neill's suggestion, Mayor Duffield requested to wait on discussing the staff report until the regular meeting later that evening and go straight to public comments. Kent McNaughton voiced disapproval of shared mobility devices on behalf of local business owners. He indicated the devices could cause Americans with Disabilities Act (ADA) issues, are not allowed on the boardwalk or sidewalks, the Peninsula has limited bike lane access, devices do not come with helmets and are being abandoned, vandalized and destroyed throughout the City causing a very unsafe and unsightly environment. Judy Cole thanked Council for listening to concerns regarding mobility devices and discussed the email she sent to Council that included her thoughts on why these devices are not appropriate for Newport Beach, asked Council to make sure they have support for even considering to study this further and read an article from the LA Times. Peter Boyd commended the City and Council for taking decisive action when a mobility device entity began doing business in Newport Beach before getting approval from the City and thanked City Manager Kiff for his many years of service. Grace Dove, Director of Central Newport Beach Community Association, believed that not one of these companies is in compliance with the law and asked Council to prohibit these devices on the Peninsula. Volume 63 - Page 582 City of Newport Beach Study Session and Regular Meeting August 14, 2018 Ken Rawson questioned where the motorized scooters can be used, is concerned with the availability of infrastructure to store the scooters, allowing them on the Peninsula, and that the devices are being abandoned on the beach, streets and boardwalk. He requested Council require the mobility device businesses to provide funding to the City to create areas to corral the scooters for drop off and pick up. Brian Ouzounian discussed the history of the Bicycle Master Plan, pedestrian and bicycle oriented districts and the future of transportation. He suggested the City work to enforce whatever laws are passed regarding these devices and commended City Manager Kiff for his efforts. Morgan Roth, Community Relations Manager for Bird Technologies, gave a brief overview of his background and the Bird Company, listed numerous things that the company has done to ensure safety and give back to the communities of Southern California and discussed the interim operating agreement Bird would like to offer the City. In response to Council Member Dixon's question, Mr. Roth discussed Bird's business strategy and steps taken to work with City Staff. Carmen Rawson questioned how the speed and age of the scooter riders would be regulated and suggested the companies come up with some type of technology that prohibits the device to operate unless the user is wearing a helmet. III. PUBLIC COMMENTS Jim Mosher reminded Council that they do not have to complete the Closed Session agenda before the 7:00 p.m. meeting and can continue items until the end of that meeting, suggested Council create clear policies for how Closed Session meetings are run, who should attend, and how decisions are recorded. He questioned various Closed Session reports from past meetings. Carl Cassidy requested a public statement from City Clerk Brown listing what existing facts and circumstances have taken place to allow Closed Session Item IV.D. to go forward as noticed. City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the items listed in the Closed Session agenda and read the titles. IV. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 2 matters Ashley Langley, Jennifer Langley u. County of Orange, et al. United States District Court, Central District Case No. 8:16-cv-00538-AB-FFM Nada Purkareuic u. City of Newport Beach Orange County Superior Court, Central Justice Center Case No. 30-2017-00961642-CU-PO-CJC B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 1 matter C. Continued to the end of the meeting Volume 63 - Page 583 City of Newport Beach Study Session and Regular Meeting August 14, 2015 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. A new City Manager may be appointed at this meeting. It is not uncommon for an appointment to become effective at a future date, such as the date set forth in the open session item for the new City Manager's employment agreement. E. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6(a)): 1 matter Agency Designated Representative: Marshall "Duffy" Duffield, Mayor Unrepresented Employee: City Manager V. RECESSED - 6:25 p.m. VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield VIII. CLOSED SESSION REPORT City Attorney Harp reported Council was not able to discuss Closed Session Item IV.C., and would recess back to Closed Session at the end of the regular meeting, read the following verbatim statement regarding Closed Session Item IV. B., "City Council has decided to initiate litigation against the California Department of Public Health, Karen L. Smith, Director of California Department of Public Health and the Orange County Needle Exchange program, to among other things, enjoin them from the distribution and exchange of needles and syringes adjacent to the City of Newport Beach and Costa Mesa. The needle exchange program poses a serious threat to citizens of Orange County and the City of Newport Beach in that it allows for the distribution of thousands of needles to drug addicted individuals without a method to provide for the safe recovery of used syringes for the recipients as required by law. The motion to initiate litigation was made by Council Member Muldoon and seconded by Council Member Peotter. All councilmembers voted in favor of initiating that litigation." He indicated that Council took action on Closed Session Item IV.D., to approve the appointment of Grace Leung as City Manager, stated terms of the employment agreement would be discussed later on the agenda, and announced the motion to approve was made by Mayor Pro Tem O'Neill and seconded by Council Member Dixon. The motion carried unanimously. Mayor Duffield explained how the City Manager contract item would be handled on the agenda, announced that Council is very pleased to appoint Grace Leung as City Manager and discussed her background and qualifications. He thanked the recruiting firm, City Clerk Brown, the 72 job applicants, City Manager Kiff, and announced Item No. 23, under Current Business, would be moved before City Council Announcements. IX. INVOCATION - Pastor Megan Hutchinson, St. Andrews Presbyterian Church X. PLEDGE OF ALLEGIANCE - Council Member Peotter XI. NOTICE TO THE PUBLIC XVIII. CURRENT BUSINESS Volume 63 - Page 584 City of Newport Beach Study Session and Regular Meeting August 14, 2018 23. Appointment of a New City Manager (C-8568-1) [381100-2018] Utilizing a PowerPoint, City Clerk Brown discussed the terms of the city manager employment agreement including base salary, start date, length of agreement and benefits. Jim Mosher questioned the base salary for the new City Manager and compared it to current City Manager Kiffs salary. Nancy Skinner expressed her thanks and gratitude to City Manager Kiff and believed Ms. Leung was a good choice based on her experience and background. Grace Leung expressed her excitement to serve the City of Newport Beach, Staff and the committed group of City Council members, remarked on the extensive interview process she went through and indicated she is looking forward to getting to know the community and staff. Mayor Pro Tem O'Neill thanked the community for providing input, believes Grace to be very bright, forward thinking, greatly appreciative of Newport Beach and has extensive experience in city finances which will be very beneficial to Newport Beach. Council Member Dixon expressed her excitement in selecting Grace and indicated she was pleased for the City, for Council making a unanimous decision, and for the residents and employees who will look to Grace for wisdom, intellect, and sound financial decisions. She believes Irvine has very similar concerns to Newport Beach which have prepared Grace for the job, remarked that it is bittersweet to see City Manager Kiff retire and invited everyone to the August 30, 2018 Retirement Party in his honor. Council Member Muldoon confirmed that City Manager Kiffs pension is more extensive than Grace's, and therefore the City will be saving money by hiring Grace. He indicated that Grace comes highly recommended by Mayor Wagner, City of Irvine and City manager Kiff; he found Grace's calm presence, experience, and educational background to be a perfect fit for the City and looks forward to governing with her. Council Member Avery believed that Grace is an extremely hard worker, has extensive experience in financial issues and has no agenda other than moving the City forward. He was pleased that the Council came together to make this decision. Council Member Peotter pointed out that the City of Newport Beach does have issues but felt that Grace will be more than qualified to deal with them after working for the City of Irvine. He thanked City Manager Kiff and wished him the best on his next adventure in life. Mayor Duffield agreed with all of the previous comments regarding Grace and indicated he looks forward to working and governing with her. Motion by Mayor Pro Tem O'Neill, seconded by Council Member Peotter, to 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 CEQ,A Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) appoint Assistant City Manager Carol Jacobs as Acting City Manager from September 1, 2018 to September 3, 2018; and c) adopt Resolution No. 2018-63, AResolution of the City Council of the City of Newport Beach, California, Appointing a New City Manager Effective September 4, 2018 and Authorizing the Mayor to Execute the Employment Agreement Between the City of Newport Beach and the New City Manager. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield Volume 63 - Page 585 City of Newport Beach Study Session and Regular Meeting August 14, 2018 XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) Council Member Dixon: • Requested a future Study Session item to discuss City trees and the public/private policies governing them and a future agenda item regarding extending the hours of parking meters in lots and pay stations, particularly on the Peninsula, to align with other communities. Council Member Herdman: • Announced he would be recusing himself on Items No. 10, No. 11 and No. 14 due to real property interests. Council Member Muldoon: • Requested a future agenda item regarding the creation of a special subcommittee made up of three Council Members, two citizens and staff, to look at opportunities to reduce FEMA flood insurance premiums. • Recognized all the firefighters on the front line of the California wildfires and announced that there has been a lot of mutual aid including two engine companies and two Battalion Chiefs from the City of Newport Beach. Mayor Pro Tem O'Neill: • Attended the August 12th Concert on the Green, Newport Beach day at the Orange County Fair with Council Member Dixon, the Corona del Mar Fire Station/Library Topping Ceremony on August 10, 2018 and the Police Department National Night Out on August 7, 2018. • Recognized Friends of the Library donations to the City and encouraged citizens to continue to support them. Mayor Duffield: • Announced the upcoming Dave 2.0 Jamfest retirement party on August 30, 2018 from 3:30-6:00 p.m. on the Civic Center green. • Utilizing a PowerPoint, he gave an update on the massive sand accumulation in San Diego Creek and the sediment removal kick-off ceremony that took place on August 1, 2018. XIII. PUBLIC COMMENTS ON CONSENT CALENDAR City Clerk Brown announced that Item 4 (Resolution Setting a Second City Council Meeting for August 28, 2018) will not be needed since Item 23 was already approved. Elaine Linhoff discussed issues with notices regarding maintenance of her personal vessel. Mayor Duffield and City Manager Kiff both assured Ms. Linhoff that her issues would be addressed. Jim Mosher took issue with several past Planning Commission items, how City contracts are being processed, how contractors are being paid for service, and the contract overage approval amount for staff. Murphy McCann expressed interest in a follow up on the traffic study and clarification of the next steps and asked if public recommendations for the traffic study would be considered. In response to Mayor Pro Tem O'Neill's request, Public Works Director Webb addressed the Park Avenue Bridge costs and the legalities that went along with the overage. Deputy Public Works Director Vukojevic added that it is the recommendation of the Department, in lieu of a claim, to cover the cost overage. Council Member Herdman recused himself due to property interest conflicts. In response to Council Member Dixon's question, Deputy Public Works Director Vukojevic confirmed that the additional $200K is to be funded by city funds together with the $9M in federal funds. Volume 63 - Page 586 City of Newport Beach Study Session and Regular Meeting August 14, 2018 XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the July 23, 2018 City Council Special Meeting, July 24, 2018 City Council Meeting, and July 30, 2018 City Council Special Meeting [100-20181 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 ADOPTION 3. Second Reading of Ordinance No. 2018-13 Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery [100-20181 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) Conduct second reading and adopt Ordinance No. 2018-13, 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. Mayor Duffield recused himself from Item 3 due to potential impacts to his source of income. Council Member Muldoon voted `no" on Item 3. RESOLUTIONS FOR ADOPTION 4. Resolution Setting a Second City Council Meeting for August 28, 2018 [100-20181 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. 2018-57, AResolution of the City Council of the City of Newport Beach, California, Setting a Second Regular City Council Meeting for the Month of August. 5. Pulled from the Consent Calendar 6. Approval of the 2017 Urban Areas Security Initiative Grant Program Transfer Agreement with the City of Santa Ana (C-7042-3) [381100-20181 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. 2018-59, AResolution of the City Council of the City of Newport Beach, California, Approving the Agreement for Transfer or Purchase of Equipment /Services or for Reimbursement of Training Costs for Fiscal Year 2017 Urban Areas Security Initiative (UASI) between the City of Newport Beach and the City of Santa Ana. Adopt Resolution No. 2018-60 Amending the Staffing Structure of One Position in the Public Works Department 1100-20181 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) Change the staffing structure in Public Works Department by eliminating one (1) Engineering Technician position and reallocating one (1) Records Specialist position; and c) Adopt Resolution No. 2018-60, AResolution of the City Council of the City of Newport Beach, California, Amending the Staffing Structure in the Public Works Department. Volume 63 - Page 587 City of Newport Beach Study Session and Regular Meeting August 14, 2018 8. Resolution No. 2018-61: Adopting a Memorandum of Understanding with the Newport Beach Fire Management Association (NBFMA) (C-2946) [381100-2018] a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to §§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. 2018-61, AResolution of the City Council of the City of Newport Beach, California, Adopting a Memorandum of Understanding Between the City of Newport Beach and the Newport Beach Fire Management Association and Associated Salary Schedule. 9. Resolution Establishing Off -Street Parking Zone 32, Located at 2807 Newport Boulevard [100-2018] 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. 2018-62, AResolution of the City Council of the City of Newport Beach, California, Establishing an Off -Street Paid Parking Zone for the Fire Station Lot at 2807 Newport Boulevard. CONTRACTS AND AGREEMENTS 10. Park Avenue Bridge Replacement Project- Notice of Completion for Contract No. 6155 (15R20) [381100-2018] a) Approve an additional construction contract change amendment for John S. Meek Company, Inc. in the amount of $231,788.98 (3.7% of the original contract) to cover the additional construction costs beyond the original 10 percent contingency; b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. A Mitigated Negative Declaration (MND) was adopted by the City Council on November 24, 2014; 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 Faithful Performance Bond one (1) year after acceptance by the City Council. Council Member Herdman recused himself from Item 10 due to property interest conflicts. 11. Newport Beach Sand Replenishment Maintenance — Notice of Completion No. 8309-1 (17H04) [381-100-2018] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. The County of Orange processed Addendum IP -15-359 as part of Environmental Impact Report No. 583 for the necessary environmental clearances and regulatory permitting for the project; b) Authorize City Clerk to release Labor & Materials Bond 65 days after 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. Council Member Herdman recused himself from Item 11 due to property interest conflicts. 12. Newport Elementary Playfield Reconstruction — Notice of Completion for Contract No. 8150-2 (17P15) [381100-2018] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On February 27, 2018, the project was found to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332; b) Authorize the City Clerk to release the Labor & 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. Volume 63 - Page 588 City of Newport Beach Study Session and Regular Meeting August 14, 2018 13. Peninsula Park Improvements - Notice of Completion for Contract No. 7226-2 (16P12) [381100-20181 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On March 27, 2018, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (in -fill development projects) because it has no potential to have a significant effect on the environment; 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. 14. Grand Canal Dredging Project- Phase 2 - Reject All Bids - Contract No. 8171-2 (161112) [381100-20181 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Class 4 Section 15304(g) (Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Reject all bids received for Contract No. 8171-2; and c) Direct staff to review, re -scope and re -advertise at a later time. Council Member Herdman recused himself from Item 14 due to property interest conflicts. 15. Approval of On -Call Maintenance/Repair Services Agreements and Amendments for Various Harbor Maintenance Services [381100-20181 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) Approve an On -Call Maintenance and Repair Services Agreement with John S. Meek Company, Inc. (C-8565-1) for a total not -to -exceed amount of $150,000.00; c) Approve an On -Call Maintenance and Repair Services Agreement with Newport Dredging Company, Inc. dba South Mooring Company (C-7029-2) for a total not -to -exceed amount of $200,000.00; d) Approve amendments to On -Call Agreements with both Swift Slip Dock & Pier Builders, Inc. (C-7382-1) and Associated Pacific Constructors (C-7331-1), adding $30,000.00 to each contract for total not -to -exceed amounts of $150,000.00 each; and e) Authorize the Mayor and City Clerk to execute all agreements and amendments. Mayor Duffield recused himself from Item 15 due to potential impacts to his source of income. 16. School Resource Officer Program Agreement (C-8510-2) [381100-2018] 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 Agreement between the City of Newport Beach and NMUSD to participate in the School Resource Officer Program ("Agreement"), and authorize the Mayor to execute the Agreement on behalf of the City. 17. Donation Agreement with Crystal Cove Conservancy for Cottage Restoration (C-8566- 1) [381100-20181 a) Find this action is not subject to 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, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and Volume 63 - Page 589 City of Newport Beach Study Session and Regular Meeting August 14, 2018 b) Authorize the City Manager to execute the proposed Agreement between the City and the Crystal Cove Conservancy to assist the Conservancy with Phase III cottage restoration efforts by providing $50,000 to the Conservancy (solely for infrastructure and restoration purposes) for each of five (5) years. Mayor Duffield recused himself from Item 17 due to potential impacts to his source of income. MISCELLANEOUS 18. Planning Commission Agenda for August 9, 2018 [100-20181 Receive and file. 19. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library and Appropriate Funds to the Library's Fiscal Year 2018/2019 Maintenance and Operation Budget [100-20181 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-004 to increase revenue estimates by $175,000 in Account 0106052-511080 (Friends of the Library Donations) and to increase expenditure estimates by the same amount in Division 0106052 (Friends of the Library): Increase expenditure accounts: 0106052-841052 Library Materials $130,000 0106052-841004 Programming $ 45,000 Motion by Mayor Pro Tem O'Neill, seconded by Council Member Peotter, to approve the Consent Calendar; and noting the recusal by Mayor Duffield on Items 3, 15 and 17, the "no" vote by Council Member Muldoon on Item 3, the "no action" on Item 4, and the recusal by Council Member Herdman on Items 10, 11 and 14. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield XV. ITEM REMOVED FROM THE CONSENT CALENDAR 5. City Council "L" Policies Update 2018 Regarding Public Works/Traffic/Utilities [100- 20181 Council Member Muldoon recused himself on City Council Policy L-23 discussions due to source of income conflicts. In response to Mayor Pro Tem O'Neill's concern with the language in L-23, City Attorney Harp explained that exempt facilities, under Chapter 20.49 Section C, lists many exempt facilities and stated language should be added to Section 4.A, to acknowledge those exemptions with the phrase "unless otherwise exempt" and this language should be carried over to Section 4.13. to avoid confusion. Motion by Mayor Pro Tem O'Neill, seconded by Council Member Dixon, to 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 changes to the City Council "L" Policies recommended by the Planning Commission; and c) adopt amended Resolution No. 2018-58, AResolution of the City Council of the City of Newport Beach, California, Adopting Revised City Council "L" Policies Regarding Public Works /Traffic/ Utilities. Volume 63 - Page 590 City of Newport Beach Study Session and Regular Meeting August 14, 2018 The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield Recused: Council Member Muldoon XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Don Schmitz provided a briefing on the current California Coastal Commission (CCC) action items, public hearings, coastal program amendments, the creation of a Snowy Plover management agreement and measures taken to avoid unleashed dogs on the beach. He indicated that the reason the application was brought before the Commission was to bring it into alignment with the 2.0 Floor Area Limitations in the local coastal program, categorical exclusion in Newport Beach was consistent with the local coastal program and could not result in larger homes being constructed, and any variances requested would have to go through a full coastal development permit. Jim Mosher questioned if Mr. Schmitz was paid by the City for his presentation at the CCC public hearing, and if the City was paying him for the update tonight. Rob Houston, former Newport Beach employee, spoke about his professional relationship with City Manager Kiff, congratulated him on his work and a career well-done, thanked him for his caring service in providing an example to follow and congratulated Council for selecting Grace Leung as his replacement. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES FMA iii Council Member Herdman gave an update from the last Water Quality/Coastal Tidelands Committee meeting held on August 2, 2018, that was chaired by Council Member Avery, announced that he attended the City Arts Commission meeting on August 9, 2018, National Night Out August 7, 2018 and the Teen Academy Graduation August 9, 2018. Council Member Dixon attended the Junior Lifeguard Program graduation on August 9, 2018, thanked Chief Duncan and his staff for such a well-run program and remarked that she hopes to see a Junior Lifeguard headquarters down at the beach someday. 20. Award Contract Janitorial Services for City Facilities (C-8567-1) (381100-20181 Out of an abundance of caution, Mayor Pro Tem O'Neill recused himself since one of the attorney's at his firm represents one of the bidders. City Buyer Nguyen utilized a PowerPoint presentation to discuss the parameters for selecting janitorial services. Motion by Council Member Dixon. seconded by Council Member Muldoon, to 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 and authorize the Mayor and City Clerk to execute the agreement for a three year period with Universal Building Maintenance, LLC, dba Allied Universal Janitorial Services, in an amount not to exceed $2,122,018.76. Council Member Peotter thanked City Buyer Nguyen for explaining how staff came to the conclusion of awarding the contract. Volume 63 - Page 591 City of Newport Beach Study Session and Regular Meeting August 14, 2018 The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Duffield Recused: Mayor Pro Tem O'Neill 21. Newport Heights Neighborhood School Traffic Study [100-20181 Council Member Avery recused himself due to property interest conflicts. City Manager Mff summarized the Traffic Study direction from the Study Session as, proceed as expeditiously as possible with all the recommendations, except for Clay Street, embark on an outreach for further discussions with the Clay Street community in a timely manner and provide clarification in the municipal code allowing children to ride their bikes on selected sidewalks. Mayor Pro Tem O'Neill requested clarification on the item that was mentioned in the traffic study but not in staff recommendations regarding no stopping between the hours of 7:00 a.m. and 9:00 a.m. and from 2:00 p.m. and 4:00 p.m. on Beacon Street between Irvine Ave. and Fullerton. Council Member Peotter restated for clarification that Beacon Street would be part of the outreach on Clay. Murphy McCann thanked Council for the Clay Street clarification, asked if a more specific study is going to be conducted for that particular part of the neighborhood and suggested that it is weighed against the greater public good for the kids going to school. He mentioned concern that if something isn't done soon, more incidents could occur and that incidents have happened, some of which are not being reported. Peggy Palmer, Board Member of the Cliff Haven Community Association, thanked the staff for the Traffic Study, asked that the City Council include a Part B to the Traffic Study that would include incorporating a compromise on Clay Street, speed reduction, presence of crossing guards and police volunteers and stated that in speaking to some of the Clay residents, they suggested stop signs and a bike lane. Rowin Jacobs suggested getting the schools involved by educating the kids on traffic rules and regulations and having more police involvement to enforce the rules of the road in Newport Heights. Public Works Director Webb informed the Council that there were extensive public comments, which included about 30 recommendations for improvements. Motion by Council Member Peotter, seconded by Council Member Herdman, to 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) receive and file the Newport Heights Neighborhood School Traffic Study; and c) direct staff to implement and install the recommended improvements outlined in the Newport Heights Neighborhood School Traffic Study or as directed by City Council with the exception of Clay Street and Beacon Street to allow for more community outreach, with a goal of implementing those changes by the first of the year and allowing for a period of education and awareness prior to any changes. Council Member Peotter stressed to staff that whatever is implemented on Clay Street, after the first of the year, we should allow a time to educate the community on whatever routes are changed between the fall and spring semesters. Volume 63 - Page 592 City of Newport Beach Study Session and Regular Meeting August 14, 2018 Council Member Herdman stated that in his experience, the best choices are what is safest for the kids. He cautioned staff about working too closely with the school district and not to become too involved in recommending specific safe routes to and from school due to liability issues. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Mayor Pro Tem O'Neill, Mayor Duffield Recused: Council Member Avery 22. Discussion of Shared Mobility Devices (Electric Scooters, Bicycles and Future Technologies) [100-2018] Out of an abundance of caution, Council Member Muldoon recused himself due to business interests in wireless telecommunications. Principal Traffic Engineer Sommers utilized a PowerPoint presentation to provide the Council detailed information on shared mobility devices. Mayor Pro Tem O'Neill expressed concern about issuing a blanket statement to prohibit any permits for this type of activity and stated that Council would give no direction either way to staff on issuing a permit. In response to Mayor Pro Tem O'Neill, City Manager Kiff suggested that the direction of Council be that if the staff is inclined to permit this type of activity, it should come back to Council for final determination. Council Member Dixon supported Mayor Pro Tem O'Neill's suggestion and reiterated the issues with scooters, suggested that the City wait and see how other cities legislate a regulatory process and mentioned that Lime Corporation contacted the City for permission before introducing their scooters to the public. She stated that the boardwalk is at full capacity and that scooters should not be allowed there until a thoughtful process is in place and recommended establishing a six- month moratorium. In response to Council Member Avery's question, City Attorney Harp confirmed that the way the Bird business model operates, violates the current City municipal code and recommend leaving the code in place until a better business model is developed by the scooter companies. Public Works Director Webb confirmed scooters can legally ride on the street, in bike lanes, and sidewalks where posted but are not allowed on the boardwalk, explained staffs support of moratorium and indicated staff met with Lime Corporation and Razor Company to negotiate agreements for legally operating in Newport Beach. City Manager Kiff gave additional comments on the legalities of scooters in the City and confirmed that Bird's current business model does not comply. Council Member Avery felt the City has not had enough experience with scooters to make an educated decision at this time. He indicated his support of finding a way to make these businesses work but voiced concern about having enough staff to enforce the laws if they are allowed to operate. Council Member Herdman stated he is in favor of a moratorium, listed reasons why he feels the concept does not benefit the City including safety issues and possible violations with the Americans with Disabilities Act (ADA) due to scooters blocking sidewalks. Vohmie 63 - Page 593 City of Newport Beach Study Session and Regular Meeting August 14, 2018 In response to Mayor Pro Tem O'Neill's comments, City Attorney Harp stated that Bird uses the public right of way to conduct their business, which is illegal, explained the options of a moratorium and what types of businesses would be impacted by one, and suggested holding off on a moratorium to see how the scooter technology advances. Council Member Dixon explained how electric bike businesses operate and confirmed they have proper permitting and licensing to do business in the City, her thoughts on new shared mobility device businesses being allowed to operate in Newport Beach, and the details of a moratorium that she would support. Don DiConstanzo, Pedego Electric Bikes, expressed his concerns about the unintended consequences of the random acts of parking scooters and bikes anywhere in the City and the impact it may have on current business owners that follow the rules, gave an example of how Austin, Texas handled the scooter issues and gave support to issuing a moratorium until the business model can be studied further. Elaine Linhoff indicated support for a moratorium due to concerns about scooter parking. Scott Barnard suggested that the shared mobility devices be handled like any the other electric vehicle and voiced concerns that rider laws are not being enforced. Scott Franco, Digital Unity, gave detail on the new software platform his company has created that is assisting cities in monitoring, controlling and regulating the point-to-point scooters as well as a revenue tracking platform and confirmed that the City of Santa Monica is not allowing Bird or Lime to continue operating in the city due to compliance issues. Devin Mclean, Operations Manager of LimeBike, expressed Lime's dedication to working with City staff and residents, and discussed current business practices and guidelines. In response to Council Member Peotter's question, Mr. McLean confirmed that at this time Geofencing technology and safety concerns would not allow Lime to stop the scooters in motion and prevent them from riding on the boardwalk at this time but they are looking at similar alternatives that would allow them to control the speed. Morgan Roth, Community Relations Manager for Bird Technologies, responded to Council concerns by detailing the self-regulation rules in place for scooter users, safety measures, the scooter curfew of 9:00 p.m., employee retrieval at that time, and safety and infrastructure campaigns currently in place. Max Johnson voiced concern on scooter retrieval and recharging, the companies not informing the City prior to doing business here, remarked on a scooter pilot program being conducted in Santa Monica and asked that resident input be considered in future discussions. Laurie Preedge commented on her observations regarding the scooter issue and recommended Council look at the program South Lake Tahoe has in place with LimeBike. Council Member Peotter asked staff if they feel the existing code will regulate the scooters or allow for a permit to be issued; and if the City is at a point that would allow a program to be created to handle these or should the City prepare moratorium to address this. In response to Council Member Peotter's questions, City Attorney Harp explained further that the existing municipal code that bans the use of public right-of-way for commercial activities, which includes the Bird model, indicated that moratoriums can be good for studying regulations, and discussed other options scooter companies could take to possibly allow them to be compliant with City regulations. Public Works Director Webb explained the process in place for allowing public -right-of-way commercial usage and discussed alternative options and sample agreements provided by Lime to address Council concerns. Discussion continued regarding encroachment permits coming to Council for approval and the pilot programs in Long Beach and Santa Monica regarding scooter docking areas. Volume 63 - Page 594 City of Newport Beach Study Session and Regular Meeting August 14, 2018 Motion by Council Member Peotter, seconded by Mayor Pro Tem O'Neill, to 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) take no action, unless a permit is brought forward that complies will all the current regulations, and have it be considered by the Planning Commission. Mayor Pro Tem O'Neill wanted to clarify the difference between a moratorium and just letting the issue sit, if there is a possibility that the company can adequately comply with our laws, it's not up to us to tell them they cannot apply for a permit. If we decide to not allow any of these in our City, we would have to modify our laws. If a moratorium is decided upon then maybe a subcommittee or the Planning Commission would come up with a process. He felt that the burden should be placed on the business community to comply with the existing laws. Public Works Director Webb, to assure correctness, asked if Council would like to wait and watch, or should staff begin working with the scooter companies for an agreement? Mayor Pro Tem O'Neill noted that they would have to comply with all of our laws, and if so, keep talking with the expectation that if any part they propose does not comply with the law, then there would be no reason to continue. Public Works Director Webb explained that there are some gray areas that are not fully understood. Council Member Dixon commented that if a business can abide by all laws, city should allow it. She is reluctant to see staff bogged down with many different ways to make it work. The moratorium would apply only if businesses cannot comply with all laws. A moratorium would mean not spending staff time exploring every change or permutation to existing code for at least 6 months while we wait to see how this works out, or we could learn what other cities have done, such as Santa Monica, by watching these cities handle this for 3 months, 6 months, 9 months, or 12 months. These are suggested as a friendly amendment to the motion. City Attorney Harp discussed how to adopt a moratorium, as the Council has never adopted a moratorium, indicating that there are legal requirements such as revisiting the topic again in 45 days, but this can be extended up to two years. He stated that there are legal pieces such as mandatory reporting requirements as well. Council Member Avery indicated there is no limit as to how many shops are opened on the Peninsula, as long as there is a business license and permit, the market will determine the number of businesses, and essentially these three scooter companies can be up and running by next year. He asked how this could be limited or if the market determines that cap. Mayor Duffield voiced his approval of the idea of Geomapping software as a means of controlling where the scooters are allowed to be operated. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield Nays: Council Member Dixon Recused: Council Member Muldoon XIX. MOTION FOR RECONSIDERATION - None IV. CLOSED SESSION - 9:39 p.m. C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Volume 63 - Page 595 City of Newport Beach Study Session and Regular Meeting August 14, 2018 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 Employees Association (NBPTEA); Newport Beach Employees League (NBEL); Part Time Employees Association of Newport Beach (PTEANB); and Association of Newport Beach Ocean Lifeguards (ANBOL). VIII. CLOSED SESSION REPORT — Reconvened at 10:16 p.m. with all members of the City Council in attendance City Attorney Harp reported that there were no reportable actions taken. XX. ADJOURNMENT - Adjourned at 10:16 p.m in memory of Tom Larkin and Greg Brostek The agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on August 9, 2018, at 4:00 p.m. 6b*a &ft Leilani I. Brown City Clerk Volume 63 - Page 596 Marshall "Du y Duffi ld Mayor