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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
AUGUST 13, 2019
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION FOLLOWS NEWPORT BEACH PUBLIC FACILITIES CORPORATION —
4:10 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
AUGUST 13, 2019
STUDY SESSION FOLLOWS NEWPORT BEACH PUBLIC FACILITIES CORPORATION —
4:10 P.M. (PUBLIC WELCOME)
CLOSED SESSION FOLLOWS STUDY SESSION
REGULAR MEETING — 7:00 P.M.
ROLL CALL — 4:10 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Proclamation Recognizing Spaghetti Bender's 50th Anniversary
SS3. 2019 Water Rate Study
The Utilities Department is leading the effort to review the rates associated with the Water
Enterprise Fund. The previous water rate study was completed in 2009 and the last rate
increase for water users was in 2014. The purpose of this presentation is to present a
PowerPoint summary of the financial analysis, the draft water rates, receive input, and seek
the City Council's direction to bring back the item as a formal City Council agenda item.
SS4. Marine Avenue Trees Maintenance
City staff will discuss the current and past tree maintenance practices with regard to City
Street Trees along Marine Avenue on Balboa Island. The discussion will also review the
current health and status of the trees, including a review of recent Arborist evaluation reports.
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, Barbara Salvini, Human Resources Director, and Peter Brown; Labor Negotiators.
Employee Organization: Lifeguard Management Association (LMA)
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4): 1 matter
Based upon existing facts and circumstances, the City Council will be considering joining an
amicus in the case of Robert Martin v City of Boise, Ninth Circuit Court of Appeals Case No. 15-
35845, United States District Court for the District of Idaho, Case No. 1:09-cv-00540-REB, as an
amicus curiae.
City Council Meeting
August 13, 2019
Page 2
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION — Pastor Christian Mungai, Mariners Church, Irvine
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.
XII. 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.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the July 23, 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.
City Council Meeting
August 13, 2019
Page 3
RESOLUTION FOR ADOPTION
3. Resolution No. 2019-72: Approval and Award of Professional Services Agreement with
Avenu Insights and Analytics, LLC ("Avenu/MuniServices") for Sales and Use Tax
Auditing and Analysis
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) Authorize the Mayor and City Clerk to execute a one-year Professional Services Agreement
with the option to extend for an additional four years, in one-year increments, with Avenu
Insights and Analytics, LLC, for sales and use tax auditing and analysis, for a total not -to -
exceed amount of $531,000 over five years;
c) Authorize the Mayor and City Clerk to execute a Contract Governing Access to Confidential
Taxpayer Data with Avenu/MuniServices describing the legal requirements within California
Revenue & Taxation Code ("RTC') 7056; and
d) Adopt Resolution No. 2019-72, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Access to Sales or Transaction and Use Tax Records and Documents
Pursuant to California Revenue & Taxation Code Section 7056(b).
CONTRACTS AND AGREEMENTS
4. Bayside Drive and Jamboree Road/Marine Avenue Improvements — Notice of Completion
for Contract No. 7224-1 (16R12)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
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 the applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
5. Bayview Heights Drainage Project — Notice of Completion for Contract No. 7109-1 (15X11)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
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 the Faithful Performance Bond one year after acceptance by the City Council.
6. 2018-2019 Playground Improvements Project — Notice of Completion for Contract
No. 7582-1 (19P01)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
7. Cameo Highlands Street Reconstruction Project (20R21) — Approval of Professional
Services Agreement with Psomas — Contract No. 7067-1
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 a Professional Services Agreement with Psomas of Santa Ana, California, for the
Cameo Highlands Street Reconstruction project at a not -to -exceed price of $233,235.00, and
authorize the Mayor and City Clerk to execute the Agreement.
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August 13, 2019
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8. Via Lido Soud and Nord Water Main Replacement Project (20W12) — Approval of
Professional Services Agreement with HDR Engineering, Inc. — Contract No. 7645-1
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 a Professional Services Agreement with HDR Engineering, Inc. of Irvine, California,
for the Via Lido Soud and Nord Water Main Replacement project at a not -to -exceed price of
$232,700.00, and authorize the Mayor and City Clerk to execute the Agreement.
9. Amendment No. One to Agreement with Rainbow Disposal Co., Inc. dba Rainbow
Environmental Services (Rainbow) for Beach Container Refuse Collection Service
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 to the Agreement with Rainbow for Beach Container Refuse
Collection Service to modify the compensation terms from an annual not -to -exceed to a
contract not -to -exceed amount, increase the total not -to -exceed amount by $120,000.00 for
a total not -to -exceed amount of $1,497,624.30, and authorize the Mayor and City Clerk to
execute the agreement.
10. Amendment No. Two with Global Power Group, Inc. for Maintenance and Repair Services
of City Generators
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. Two to the Maintenance/Repair Services Agreement with Global
Power Group, Inc., for preventative maintenance and as -needed repair services for City
generators, adding $120,000 to the contract for a total not -to -exceed amount of $495,000 for
the remainder of the term of the agreement; and
c) Authorize the Mayor and City Clerk to execute the Agreement.
11. Wastewater Flow Agreement with Costa Mesa Sanitary District
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 the Wastewater Flow Agreement with the Costa Mesa Sanitary District related to
specific properties within the City of Newport Beach; and
c) Authorize the Mayor and City Clerk to execute the Agreement.
12. Replacement of the Outdoor Warning System
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 Purchase and Installation Agreement with Mallory Safety & Supply, LLC for the
purchase and installation of an LRAD Corporation outdoor warning system equipment for a
not to exceed amount of $200,534.71 plus a contingency amount of $20,000 (approximately
10%) to cover unforeseen costs, for a total not -to -exceed amount of $220,534.71, and
authorize the Mayor and City Clerk to execute the Agreement; and
c) Approve Budget Amendment No. 20 -006 -CC appropriating $220,534.71 from the
unappropriated General Fund capital project savings to Account No. 01201928-980000-
20M15.
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August 13, 2019
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MISCELLANEOUS
13. Planning Commission Agenda for the August 8, 2019 Meeting
Receive and file.
14. Community Programs Grants for Fiscal Year 2019-20
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) Pursuant to City Council Policy A-12, find that the organizations listed below provide services
or programs that serve residents and are beneficial to residents' quality of life and authorize
the allocation of $67,000 in Community Programs Grants in the following manner:
Applicant Recommendation
Advocate for Grandparent Grandchild Connection $ 1,000
Balboa Island Museum 20,000
Boys & Girls Club of Central Orange County 7,000
Helping Hands, Our Lady Queen of Angels 10,000
Newport Beach Sister Cities Association 2,000
Newport -Mesa Family YMCA of Orange County 7,000
Share Our Selves 15,000
Youth Employment Services 5,000
Total $ 67,000
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. PUBLIC HEARINGS
15. Mesa Drive Townhomes Call for Review (PA2017-218)
a) Conduct a de novo public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15332 under Class 32 (In -Fill Development) of the CEQA Guidelines, because this
project has no potential to have a significant effect on the environment; and
c) Adopt Resolution No. 2019-73, A Resolution of the City Council of the City of Newport Beach,
California, Upholding the Planning Commission's Approval of Major Site Development
Review No. SD2017-008 for an Eight -Unit Residential Condominium Project Located at
1501 Mesa Drive and 20462 Santa Ana Avenue (PA2017-218).
16. Consideration of Planning and Land Use Entitlements for Vivante Senior Housing,
Located at 850 and 856 San Clemente Drive (PA2018-185)
a) Conduct a public hearing; and
b) Take the following actions to approve the project:
i. Adopt Resolution No. 2019-74, A Resolution of the City Council of the City of Newport
Beach, California, Certifying Environmental Impact Report Addendum No. ER2016-002
and Approving a Mitigation Monitoring and Reporting Program for the Vivante Senior
Housing Project Located at 850 and 856 San Clemente Drive (PA2018-185);
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August 13, 2019
Page 6
ii. Adopt Resolution No. 2019-75, A Resolution of the City Council of the City of Newport
Beach, California, Approving General Plan Amendment No. GP2018-003 to Change the
Land Use Designation from Private Institutional (PI) to Mixed -Use Horizontal (MU -H3),
and Adopting California Environmental Quality Act Findings of Fact and a Statement of
Overriding Considerations for the Vivante Senior Housing Project Located at 850 and
856 San Clemente Drive (PA2018-185);
iii. Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2019-13, An Ordinance of the City Council of the City of Newport Beach, California,
Adopting Planned Community Development Plan No. PC2018-001 Amending the San
Joaquin Plaza Planned Community (PC -19) Located at 850 and 856 San Clemente Drive
(PA2018-185), and pass on to a second reading on September 10, 2019;
iv. Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2019-14, An Ordinance of the City Council of the City of Newport Beach, California,
Approving Development Agreement No. DA2018-005 for the Vivante Senior Housing
Project Located at 850 and 856 San Clemente Drive (PA2018-185), and pass on to a
second reading on September 10, 2019; and
v. Adopt Resolution No. 2019-76, A Resolution of the City Council of the City of Newport
Beach, California, Approving Major Site Development Review No. SD2018-003,
Conditional Use Permit No. UP2018-019, and Lot Merger No. LM2018-004, and
Revocation of Use Permit No. UP2005-017-017 and Modification Permit No. MD2004-
059 for the Vivante Senior Housing Project Located at 850 and 856 San Clemente Drive
(PA2018-185) .
XVIII. CURRENT BUSINESS
17. Approval of a Service Agreement for Citywide Streetlight Maintenance and Repair
Services with Bear Electrical, Inc.
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 the Services Agreement with Bear Electrical, Inc., for Citywide streetlight
maintenance and as -needed repair services for a five-year term with a total not -to -exceed
amount of $950,522; and
c) Authorize the Mayor and City Clerk to execute the Agreement.
18. Approval of a Services Agreement for Citywide Storm Drain System Cleaning Services
with Downstream Services, Inc.
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 the Services Agreement with Downstream Service, Inc., for Citywide storm drain
system cleaning services for a five-year term with a total not -to -exceed amount of
$1,750,000; and
c) Authorize the Mayor and City Clerk to execute the Agreement.
19. Park and Beach Public Restroom Janitorial 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 three-year Janitorial Services Agreement with Ed Building Maintenance for
cleaning / servicing 30 standalone City restrooms for a total not -to -exceed amount of
$2,415,000 (3 years at approximately $803,784.00 per year); and
c) Approve Budget Amendment No. 20 -007 -CC transferring $140,000 from Public Works
account 01090901-811031 to the Public Works account 0109041-811012, and also
appropriating $350,000 in increased expenditures from the General Fund unappropriated
fund balance to the Public Works account 0109041-811012.
City Council Meeting
August 13, 2019
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20. Appointment of a New City Arts Commissioner to Fill an Unscheduled Vacancy
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 Krystal Anderson, Maureen Flanagan or Carrie Williams to fill the unexpired balance
of Barbara Glabman's term on the City Arts Commission ending June 30, 2021.
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.
XX. ADJOURNMENT — In memory of Orange County Auditor -Controller Eric H. Woolery
Testimony given before the City Council is recorded.
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