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Home My WebLink About00 - AgendaCn n CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CLOSED SESSION AND REGULAR MEETING OCTOBER 9, 2018 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 CLOSED SESSION - 5:30 P.M. 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, 2nd Floor). Staff reports or other written documentation have been prepared or organized with respect to each item of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas, minutes and staff reports are also available on the City's webpage at newportbeachca.gov/ agendas. The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk(c�newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 OCTOBER 9, 2018 CLOSED SESSION - 5:30 P.M. REGULAR MEETING - 7:00 P.M. ROLL CALL - 5:30 p.m. 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. III. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Grace K. Leung, 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); and Part Time Employees Association of Newport Beach (PTEANB). B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION — INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 1 matter IV. RECESS V. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. CLOSED SESSION REPORT VIII. INVOCATION IX. PLEDGE OF ALLEGIANCE X. PRESENTATION • Code Enforcement Officer Appreciation Week XI. XII. XIII City Council Meeting October 9, 2018 Page 2 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. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 6). 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 September 25, 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. ORDINANCE FOR INTRODUCTION 3. Ordinance No. 2018-17 Amending Titles 1 and 17 Related to the Harbor Department and Resolution No. 2018-74 Amending the Staffing Structure of Two Positions 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) Introduce Ordinance No. 2018-17, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Titles 1 and 17 Related to the Harbor Department, and pass to second reading on October 23, 2018; and c) Adopt Resolution No. 2018-74, A Resolution of the City Council of the City of Newport Beach, California, Amending the Staffing Structure in the Public Works Department. City Council Meeting October 9, 2018 Page 3 ORDINANCE FOR ADOPTION 4. Second Reading and Adoption of Ordinance No. 2018-16, Amending Title 21, Local Coastal Program Implementation Plan a) Find the action statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program; and b) Conduct second reading and adopt Ordinance No. 2018-16, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 21 of the Newport Beach Municipal Code to Approve Local Coastal Program Amendment No. LC2017- 002, as Modified by the California Coastal Commission (PA2017-047). CONTRACTS AND AGREEMENTS 5. Slurry Seal Program — Notice of Completion for Contract No. 7169-1 (18R04) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On April 24, 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. MISCELLANEOUS 6. Stand Up Paddleboard Safety Flyer 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 the Stand Up Paddleboard Safety Flyer and provide to rental companies who rent in the harbor. 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. CURRENT BUSINESS 7. Ordinance No. 2018-18 — Amending Newport Municipal Code Title 17, Pertaining to Speed Limits a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and City Council Meeting October 9, 2018 Page 4 b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2018-18, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Newport Beach Municipal Code Title 17, Pertaining to Speed Limits, and pass to second reading on October 23, 2018. 8. Appointments to the Building and Fire Board of Appeals 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) Appoint Robert Ahlke, Jr., Bill Caskey and J.R. Walz to fill the vacancies on the Building and Fire Board of Appeals, and determine which two appointees will fill the seats with terms that expire on June 30, 2022, and which appointee will fill the remaining balance of Audrea Cook's term which expires on June 30, 2019. 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. Ek�_1111Ld11NZILY, 1:Iz111 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