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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
MAY 14, 2019
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION - 5:00 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
MAY 14, 2019
STUDY SESSION - 5:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION FOLLOWS STUDY SESSION
REGULAR MEETING - 7:00 P.M.
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NOTE: A Special Joint Meeting of the Newport Beach City Council and the Finance Committee will
be held at 4:00 p.m. in the same location (City Council Chambers) to go over the Proposed FY 2019-
20 Budget. Please see the separate agenda for this meeting. The public is welcome to attend the
Special Joint Meeting, as well as the City Council Study Session and Regular Meeting.
*************
ROLL CALL — 5:00 p.m. (or shortly thereafter, following the Special Joint Meeting of the City
Council and Finance Committee)
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Public Works Week Proclamation
SS3. City Emergency Council Update
Staff will provide background on the City's Emergency Council and an update on disaster
preparedness activities. Staff will also seek City Council input on proposed recommendations
to enhance communications with the City Council and the community regarding the City's
emergency plans and activities.
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: Lifeguard Management Association (LMA).
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 1 matter
City Council Meeting
May 14, 2019
Page 2
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 1 Newport Pier, Newport Beach, California 92663
Agency Negotiator: Seimone Jurjis, Community Development Director
Lauren Wooding, Real Property Administrator
Negotiating Parties: Blue Water Grill
Under Negotiation: Instruct negotiator as to price and terms of payment
V. RECESS
VI.
VII.
VIII.
IX.
X.
XI.
XII
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ROLL CALL
CLOSED SESSION REPORT
INVOCATION — Pastor Cindy William, Newport Center United Methodist
PLEDGE OF ALLEGIANCE
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 AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XIII. 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.
City Council Meeting
May 14, 2019
Page 3
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 9, 2019 and April 23, 2019 City Council Meetings
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. Confirmation of Citizen Appointments and Increase in the Number of Council Member
Representatives to the Homeless Task Force
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) Confirm Mayor Diane B. Dixon's appointments of Helen Cameron, John Heffernan,
Terry Moore, Thomas Peterson, David Snow, Cindy Voorhees and Jean Wegener to the
Homeless Task Force;
c) Adopt Resolution No. 2019-42, A Resolution of the City Council of the City of Newport
Beach, California, Amending the Membership of the Homeless Task Force; and
d) Confirm Mayor Diane B. Dixon's appointment of Council Member Joy Brenner to serve as
the third City Council representative to the Homeless Task Force.
4. Resolution No. 2019-43: Initiation of Building and Construction Code, Zoning Code and
LCP Amendments Related to Residential Massing and Cottage Preservation (PA2019-070)
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. 2019-43, 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 Massing of Three Story Residential Structures and Development
Standards for Small Beach Cottages (PA2019-070).
CONTRACTS AND AGREEMENTS
5. Jamboree Road Median Landscape Turf Replacement Project — Notice of Completion for
Contract No. 8151-2 (161-02)
a) On November 13, 2018, the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302(c);
b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project; and
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 Civil Code, and
release Faithful Performance Bond one year after acceptance by the City Council.
6. Traffic Signal Rehabilitation Project — FY2017-18 — Notice of Completion for Contract
No. 7314-1 (18T01)
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;
City Council Meeting
May 14, 2019
Page 4
b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
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.
7. Big Canyon Reservoir Flow Metering Vault and Treatment Improvements — Notice of
Completion for Contract No. 6104 (16W13)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On August 8, 2017, 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 the Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by City Council.
8. Newport Beach Junior Lifeguard Building Design — Approval of Professional Services
Agreement (19F13)
a) Determine this action of hiring a design consultant is not subject to the California
Environmental Quality Act ("CEQA") pursuant to 15060(c)(3), in that the activity is not a
project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3. The retention of a design consultant does not authorize any specific
development or project and would only provide preliminary conceptual design options for a
potential future project that would be subject to subsequent environmental review; and
b) Approve a Professional Services Agreement with JKA of San Diego, California, for Newport
Beach Junior Lifeguard Building project at a not -to -exceed price of $420,000.00, and
authorize Mayor and City Clerk to execute the Agreement.
9. Approval and Award of Three (3) Maintenance and Repair Services Agreements for
As -Needed Painting 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; and
b) Approve three (3) on-call maintenance and repair and painting services agreements for
three-year terms with Black and White Painting, Inc., Piana Construction & Painting, Inc.,
and TL Veterans Construction, Inc. for a total of $300,000 per agreement, and authorize the
Mayor and City Clerk to execute the agreement(s).
10. Amendment No. One for As -Needed Plant Healthcare Services with RPW Services, Inc.
(C-7116-1)
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 Amendment No. One with RPW Services, Inc. for As -Needed Plant Healthcare
Services to extend the expiration date by two years and increase the contract amount by
$120,000, for a new multi-year not -to -exceed total of $240,000, and authorize the Mayor and
City Clerk to sign the amendment.
11. Approve Two Professional Services Agreements with Red 88 Media, LLC for Video
Production 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 a five-year Professional Services Agreement with Red 88 Media, LLC for production
of the annual Junior Lifeguard program video for a total not -to -exceed amount of $235,953.52
($45,000 to $50,000 per year), and authorize the Mayor and City Clerk to execute the
agreement; and
City Council Meeting
May 14, 2019
Page 5
c) Approve a one-year On -Call Professional Services Agreement with Red 88 Media, LLC to
provide the City Manager's Office with strategic, comprehensive, and educational video
production services for a not -to -exceed amount of $9,000, and authorize the City Manager
and City Clerk to execute the agreement.
12. Professional Services Agreement for the Collection of Delinquent Accounts
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) Authorize the Mayor to execute the attached Agreement in an amount not to exceed
$500,000 over a five-year term with Ray Klein, Inc., dba Professional Credit Service, a
Washington company, for professional services.
MISCELLANEOUS
13. Planning Commission Agenda for the May 9, 2019 Meeting
Receive and file.
14. Ground Emergency Medical Transport (GEMT) Quality Assurance Fee (QAF)
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 Budget Amendment No. 19BA-045 appropriating expenditures of $182,000 to the
GEMT QAF (account 01040404-821009 of the Fire Department) and increasing estimated
revenues by $171,000 in Fiscal Year 2019/20; and
c) Authorize Finance Department staff to execute an administrative budget amendment
appropriating approximately $145,000 to the GEMT QAF (account 01040404-821009 of the
Fire Department) and increasing estimated revenues by approximately $135,000 in the
Paramedic Service Fee (account 01040404-521245 of the Fire Department) in the Fiscal
Year 2019/20 budget upon the state's establishment of the annual quality assurance fee rate.
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. CURRENT BUSINESS
15. Proposed Revisions to City Council Policy B-17 — Parks, Facilities and Recreation
Program Donations
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) Consider the Parks, Beaches, and Recreation Commission's recommendations and approve
revisions to Council Policy B-17; and
c) Adopt Resolution No. 2019-44, A Resolution of the City Council of the City of Newport Beach,
California, Amending City Council Policy B-17 "Parks, Facilities, and Recreation Program
Donations."
City Council Meeting
May 14, 2019
Page 6
16. Approval and Adoption of the 2019 Water Master Plan (17W02)
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) Review, approve and adopt the 2019 Water Master Plan.
17. Grant Howald Park Rehabilitation Project — Acceptance of Conceptual Design
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 Class 1 (Existing Facilities) and Section 15302 Class 2
(Replacement or Reconstruction) of CEQA Guidelines, because this project involves the
maintenance of existing facilities and will be reconstructing existing facilities on the same site
as the structure [facility] replaced. The project will have substantially the same purpose as
the structure [facility] replaced. A categorical exemption was filed with the Orange County
Clerk -Recorder's office on March 15, 2019;
b) Review and approve the Conceptual Design and Project Budget; and
c) Direct staff to proceed with the final park rehabilitation construction documents.
XVIII. 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.
XIX. ADJOURNMENT - In memory of Dick Dale and Beth Morley
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