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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
MARCH 26, 2019
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.
DIANE B. DIXON, Mayor
WILL O'NEILL, Mayor Pro Tem
BRAD AVERY, Council Member
JOY BRENNER, Council Member
DUFFY DUFFIELD, Council Member
JEFF HERDMAN, Council Member
KEVIN MULDOON, 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(a)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
MARCH 26, 2019
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.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Public Advisory and Informational Presentation on the Asian Citrus Psyllid (ACP) and
Huanlongbing (HLB) Disease
Representatives from the California Department of Food and Agriculture will be providing
public advisory information regarding a new invasive insect that has been found in Orange
County that can affect and kill Citrus trees and could potentially cause significant crop loss
and economic damage to the State's Citrus industry. They will also be advising the public of
a fruit transport quarantine that has been put in place.
SS3. Review of City's Integrated Pest Management Policy
In response to recent concerns raised by some residents and regionally concerned
individuals regarding how the City uses and applies various pesticides, City staff will present
the City's current Integrated Pest Management Policy (IPM) and review the steps and
procedures on how the City addresses pest control, such as weeds and insects.
III. PUBLIC COMMENTS
The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of
the card is not required in order to address the City Council. If the optional sign -in card has been
completed, it should be placed in the box provided at the podium.
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are invited on items listed on the agenda and non -agenda items. Speakers must limit
comments to three (3) minutes per person to allow everyone to speak. Written comments are
encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda
or non -agenda items.
IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Grace K. Leung, City Manager, Carol Jacobs, Assistant
City Manager, and Barbara Salvini, Human Resources Director; Labor Negotiators.
Employee Organizations: Newport Beach Fire Management Association (NBFMA) and Part Time
Employees Association of Newport Beach (PTEANB).
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2) (e)(2)): 2 matters
The Newport Beach Firefighters Association (NBFA), as well as Robert Salerno, in his individual
capacity, are aware of the United States Court of Appeals for the Ninth Circuit's decision in the case
of Flores v. City of San Gabriel (9th Cir. 2016) 824 F.3d 890 which may result in litigation against
the City of Newport Beach related to the calculation and payment of overtime compensation.
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March 26, 2019
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C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8: 1 matter
Property Address: 406, 408, 410 South Bay Front, Balboa Island
Agency Negotiators: Grace K. Leung, City Manager, Seimone Jurjis, Community Development
Department Director and Lauren Whitlinger, Real Property Administrator
Negotiating Party: Seymour Beek
Under Negotiation: Price and terms of payment
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code § 54957(b)(1)): 2 matters
Title: Aaron C. Harp, City Attorney
Title: Leilani I. Brown, City Clerk
E. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 3 matters
Agency Designated Representative: Diane B. Dixon, Mayor and Will O'Neill, Mayor Pro Tem
Unrepresented Employees:
Title: Aaron C. Harp, City Attorney
Title: Leilani I. Brown, City Clerk
Title: Grace K. Leung, City Manager
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION - Pat McLaughlin, Second Church of Christ Scientist
X. PLEDGE OF ALLEGIANCE
XI. NOTICE TO THE PUBLIC
The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of
the card is not required in order to address the City Council. If the optional sign -in card has been
completed, it should be placed in the box provided at the podium.
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are generally limited to three (3) minutes per person to allow everyone to speak. Written
comments are encouraged as well. The City Council has the discretion to extend or shorten the time
limit on agenda or non -agenda items. As a courtesy, please turn cell phones off or set them in the
silent mode.
City Council Meeting
March 26, 2019
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XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Request for Review and Potential Revision of Marine Avenue Tree Trimming Cycle
(O'Neill)
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 - 14). 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 March 12, 2019 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.
RESOLUTIONS FOR ADOPTION
3. Resolution No. 2019-24: Amendments to the Records Retention Schedule
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) Adopt Resolution No. 2019-24, A Resolution of the City Council of the City of Newport Beach,
California, Amending Certain Sections of the Records Retention Schedule and Authorizing
Destruction of Certain Records Accordingly.
4. Resolution No. 2019-25: Formation of a Homeless Task Force
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. 2019-25, A Resolution of the City Council of the City of Newport Beach,
California, Establishing a City Council/Citizen's Committee Known as the Newport Beach
Homeless Task Force;
c) Confirm the Mayor's appointment of Mayor Pro Tem Will O'Neill and Council Member Brad
Avery to serve as the City Council's representatives to the Task Force; and
d) Direct the City Clerk to advertise for the citizen members of the Committee.
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March 26, 2019
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5. Resolution No. 2019-26: Amending the Structure, Membership, Roles and Responsibilities
of the Aviation Committee
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. 2019-26, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Structure, Membership, Roles and Responsibilities of the Aviation
Committee.
6. Resolution No. 2019-27: Amending Resolution No. 2001-100, Adopting a Revised
Discrimination and Harassment Prevention Policy
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly;
b) Adopt Resolution No. 2019-27, A Resolution of the City Council of the City of Newport Beach,
California, Amending Resolution No. 2001-100, Adopting a Revised Discrimination and
Harassment Prevention Policy; and
c) Approve the revised City of Newport Beach Discrimination and Harassment Prevention
Policy.
7. Resolution No. 2019-28: Approval the December 31, 2011 Salary Schedule and Revisions
Through June 11, 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. 2019-28, A Resolution of the City Council of the City of Newport Beach,
California, Adopting the Citywide Salary Schedule Effective December 31, 2011, with
Revisions Through June 11, 2018.
8. Resolution No. 2019-29: Emergency Management Performance Grant Authorization
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) Adopt Resolution No. 2019-29, A Resolution of the City Council of the City of Newport Beach,
California, Providing Written Authorization to the State of California Governor's Office of
Emergency Services of the Standard Assurances Required to Apply for Grants from the
Federal Department of Homeland Security, Federal Emergency Management Agency.
CONTRACTS AND AGREEMENTS
9. City Facilities Painting Project — FMMP 2018-2019 — Award of Contract No. 7499-1 (18F02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 Class 1 (maintenance of existing facilities involving no expansion of an
existing use) of the CEQA Guidelines because this project has no potential to have a
significant effect on the environment;
b) Approve the project drawings and specifications;
c) Award Contract No. 7499-1 to Tony Painting for the total bid price of $398,700.00, and
authorize the Mayor and City Clerk to execute the contract; and
d) Establish a $60,000.00 (approximately 15 percent) contingency amount to cover the cost of
unforeseen work not included in the original contract.
10. Spyglass Hill Reservoir Mixing System — Award of Contract No. 7428-1 (19W15)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) Class 2, (reconstruction of existing facility involving negligible or no
expansion of capacity) of the CEQA Guidelines, because this project has no potential to have
a significant effect on the environment;
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March 26, 2019
Page 5
b) Approve the project plans and specifications;
c) Award Contract No. 7428-1 to Humphrey Constructors, for the total bid amount of
$165,400.00, and authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $24,810.00 (approximately 15% of total bid) to cover the cost of
unforeseen work not included in the original contract; and
e) Approve Budget Amendment No. 19BA-032 transferring $92,000.00 from savings in Utilities
Yard Spill Control/Tipping Floor project (Account No. 70201932-980000-18W14) to the
Spyglass Hill Reservoir Mixing System project (Account No. 70201932-980000-19W15).
11. Amendment No. 1 to Professional Services Agreement with Parkmobile, LLC for Pay -By -
Cell and Parking Reservation Services
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 Amendment No. 1 to the current Agreement, increasing the contract amount to
$419,000; and
c) Authorize the Mayor and City Clerk to execute Amendment No. 1 of the Agreement.
12. Draft Revisions to the Newport Beach Key and Management Compensation Plan (K&M)
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) Receive and consider the revised Key and Management Compensation Plan.
MISCELLANEOUS
13. Planning Commission Agenda for the March 21, 2019 Meeting
Receive and file.
14. 2018 General Plan Status Report and Housing Element Annual Progress Report (PA2007-
195)
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) as the
actions are not a project as defined by Section 15378(b)(2) of the Public Resources Code;
and
b) Authorize the submittal of the 2018 General Plan Status Report to the California Office of
Planning and Research (OPR) and the State Department of Housing and Community
Development (HCD).
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. PUBLIC HEARING
15. 2888 Bayshore Drive (Newport Marina) — Appeal of Harbor Commission's Decision
(continued from the February 12, 2019 and March 12, 2019 City Council meetings)
a) Conduct a public hearing;
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March 26, 2019
Page 6
b) Find the project exempt from the California Environmental Quality Act ("CEQA") pursuant to
Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) of
the CEQA Guidelines, Code of Regulations, Title 14, Chapter 3;
c) Modify the Harbor Commission's decision on the proposed marina reconfiguration at
2888 Bayshore Drive to include the project revisions as proposed by the applicant. This
action authorizes staff to issue an Approval in Concept for the project as revised; and
d) If the City Council modifies the Harbor Commission's decision, adopt Resolution No. 2019-
30, A Resolution of the City Council of the City of Newport Beach, California, Modifying the
Harbor Commission's Approval of an "Approval In Concept" (Project File No. 1502-2018) for
the Removal and Replacement of a Dock System at the Property Located at 2888 Bayshore
Drive.
XIX. CURRENT BUSINESS
16. Initiation of Zoning Code and Local Coastal Program Amendments Due to VE Special
Flood Hazard Area as Mapped by FEMA (PA2018-075)
a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3; and
b) Adopt Resolution No. 2019-31, A Resolution of the City Council of the City of Newport Beach,
California, Initiating Amendments to Title 20 Entitled "Planning and Zoning" and Title 21
Entitled "Local Coastal Program Implementation Plan" of the City of Newport Beach
Municipal Code Related to Height Measurement, Accessory Structures and Residential
Off -Street Parking Requirements for Properties Located in the VE Special Flood Hazard Area
(PA2018-075).
XX. 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.
XXI. 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