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Home My WebLink About00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CLOSED SESSION AND REGULAR MEETING OCTOBER 23, 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(o)newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 OCTOBER 23, 2018 CLOSED SESSION - 5:30 P.M. aXrmwj:l►yil4=rIl►[e]MAijillaITA I 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. 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 Mayor Duffy Duffield as the City's representative for purposes of labor negotiations with all unrepresented employees in the Key and Management Group. IV. 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 LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Duffy Duffield, Mayor Unrepresented Employees: All employees in the Key and Management Group. C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION — INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 2 matters V. RECESS City Council Meeting October 23, 2018 Page 2 VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. INVOCATION E� 44Bic] =Eel y_144*1F_1�1:61:4 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 XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consideration of request from the Arts Commission related to the funding of Phase 4 of the Civic Center Sculpture Garden (Herdman) XIV. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 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. All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the City Council votes on the motion unless members of the City Council request specific items to be discussed and/or removed from the Consent Calendar for separate action. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the October 9, 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. City Council Meeting October 23, 2018 Page 3 ORDINANCES FOR ADOPTION 3. Second Reading and Adoption of Ordinance No. 2018-17 — Amending Titles 1 and 17 Related to the Harbor Department 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. 2018-17, 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. 4. Second Reading and Adoption of Ordinance No. 2018-18 — Amending Newport Municipal Code Title 17, Pertaining to Vessel 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 b) Conduct second reading and adopt 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 Vessel Speed Limits. 5. Summary Vacation — Existing Sewer Easement at 1721 Kings Road 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. 2018-75, A Resolution of the City Council of the City of Newport Beach, California, Ordering the Summary Vacation of an Existing 10 Foot Wide Sewer Easement at 1721 Kings Road (Lot 9 of Tract 1221) and Directing the City Clerk to Record Same with the County Recorder's Office; c) Direct staff to process the summary vacation of said easement; and d) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. CONTRACTS AND AGREEMENTS 6. Bison Avenue and San Joaquin Hills Road Pavement Rehabilitation Project (19R21) — Approval of Professional Services Agreement with Stantec, Inc. — Contract No. 7433-1 a) Determine 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 Stantec of Irvine, California, for the Bison Avenue and San Joaquin Hills Road Pavement Rehabilitation project at a not -to -exceed price of $208,219.00, and authorize the Mayor and City Clerk to execute the Agreement. 7. Final Tract Map No. 18039 for a 7 -Unit Residential Condominium Development Located at 20452 Santa Ana Avenue a) Find this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In -Fill Development) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; b) Find that Final Tract Map No. 18039 is in substantial conformance with Tentative Tract Map No. NT2016-003 for the proposed development as approved by the Planning Commission on November 17, 2016 (Planning Commission Resolution No. 2036) and upheld by City Council on February 29, 2017 (City Council Resolution No. 2017-15); City Council Meeting October 23, 2018 Page 4 c) Review and approve the Subdivision Agreement for Final Tract No. 18039 pursuant to Section 19.36.010 of the Municipal Code, and authorize the Mayor and City Clerk to execute the Subdivision Agreement; d) Review and approve the required construction securities for Final Tract No. 18039 pursuant to Section 19.36.030 of the Municipal Code; and e) Review and approve Final Tract Map No. 18039 for the subdivision of property located at 20452 Santa Ana Avenue pursuant to Section 19.60.010 of the Municipal Code. MISCELLANEOUS 8. Planning Commission Agenda for the October 18, 2018 Meeting Receive and file. 9. Budget Amendment to Accept a Check from the California State Library for Literacy Services (CLLS) 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) Accept a check in the amount of $18,000 from the California State Library for Literacy Services (CLLS) and approve Budget Amendment No. 19BA-012 to increase expenditures by the same amount in Division 01060604-711003 (Literacy Services). 10. Cultural Arts Grants 2018/19 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 recommended recipients for FY 2018/19 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Council Policy 1-10, Financial Support for Culture and the Arts. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIX. PUBLIC HEARINGS 11. Minor Amendments to the City's Local Coastal Program LC2017-002 a) Conduct a public hearing; b) 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 c) Waive full reading, direct the City Clerk to read by title only, introduce 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 (PA2017-047), as Modified by the California Coastal Commission, and pass to second reading on November 13, 2018. City Council Meeting October 23, 2018 Page 5 12. Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150) a) Conduct a public hearing; b) Find this review exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this review enforces an entitlement for use adopted by the City and has no potential to have a significant effect on the environment; c) Find that Sober Living by the Sea has demonstrated good faith compliance with the terms of the Zoning Implementation and Benefit Agreement; and d) Receive and file documents submitted by Sober Living by the Sea to demonstrate good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement. XX. CURRENT BUSINESS 13. Grand Canal Dredging Project Phase 2 — Award of Contract No. 8171-2 (161-112) 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; and b) Approve the project drawings and specifications; award Contract No. 8171-2 to Associated Pacific Contractors, Inc. for base bid and additive items (Harbor Island Bridge dredging) price of $1,383,070.00, and authorize the Mayor and City Clerk to execute the contract; establish a contingency of $139,000.00 (approximately 10% of total bid) to cover the costs of unforeseen work not included in the original contract; and approve Budget Amendment No. 19BA-014 appropriating $596,300.00 from the unappropriated Tidelands Capital Fund balance to Account No. 10101-980000-16H12 for Grand Canal Dredging. OR c) Reject all bids and direct staff to explore other options or timing for the project. 14. Approval and Award of Agreement for Citywide Refuse Container Collection Services with CR&R, Inc. a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) Approve Amendment No. Four to Agreement with Robert's Waste & Recycling, Inc. to extend the term until February 28, 2019, and authorize the Mayor and City Clerk to execute the agreement; c) Approve the Agreement with CR&R, Inc. for refuse container collection services for a seven- year term with a total not -to -exceed amount of $3,232,860, and authorize the Mayor and City Clerk to execute the agreement; and d) Approve Budget Amendment No. 19BA-013, appropriating the amount of $144,000 from the unappropriated General Fund balance to account 01090901-811031, Beach Trashcan Collection. 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