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HomeMy WebLinkAbout01 - MinutesI. II. November 14, 2017 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting October 24, 2017 ROLL CALL - 4:00 p.m. Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Will O'Neill, Council Member Scott Peot.t.er, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar - None ................ SS2. Presentation to Burr -White Realty on its 50ti' Anni.otsary in Newport Beach Council Member Dixon read the proclamation and presented it to Craig Batley. SS3. Update on Traffic Signal Modernization Principal Civil Engineer Sommers utilised a PowerPoint presentation to discuss the City's traffic signal system, the field componexAts, traffic sinal operations, various timing methods, challenges to efficient traffic flow, signal teehnQlogy, benefits of today's system, current, improvements, system improvements being studied'; future technology, and how to prepare for the future. Council Member Dixon thanked Principal Civil Engineer Sommers for his efforts and commended the signal timing at Pacific Coast Highway and Crystal Cove. Council Member Peotter thanked staff for their hard work and encouraged using the data to move toward automatically updating signal timing Citywide. Jim Mosher asked if the system indicates what direction the vehicles are traveling, if it could be used in other parts of the City, and if the system is portable and could be relocated to different locations rather than purchase additional units. He expressed skepticism relative to the system's ability to keep information totally anonymous. In response to Mayor Muldoon's question regarding the terms and conditions of the B1ueTOAD agreement, Principal Civil Engineer Sommers and Public Works Director Webb discussed what information is collected by the system and noted there is State law governing what information is accessible to municipalities. City Attorney Harp indicated he will review the agreement, see if there is any provision relative to what information is gathered and how long it is stored, and will make modifications, if needed, to ensure privacy. Volume 63 - Page 381 City of Newport Beach Study Session and Regular Meeting October 24, 2017 SS4. Peninsula Crosswalk Study (continued from the 10/10/17 City Council. meeting) Traffic Engineer Brine utilized a PowerPoint presentation to summarize the crosswalk study, locations of the intersections studied, crosswalk improvements studied, general and specific improvements, high -visibility crosswalk striping, and pedestrian caution signs. He also discussed recommended improvements at specific intersections, California Vehicle Code Section 21950, the various meetings conducted on this topic, and phases involved with the project.. He indicated that the study can be found at newportbeachea.gov/crosswalkstudy. In response to Council questions, Traffic Engineer Brine discussed pavement striping and reflective markings, the recommended removal of a parking space near Cassidy's Bar and Grill, the addition of street lights, and concerns around the Newport Elementary School area. Jim Mosher noted the contract. with Albert Grover & Associates, Inc., mentioned assisting the City in creating the framework for a crosswalk policy, .,the study did not, evaluate all the crosswalks on the Balboa Peninsula, and requested clsrficat.ion about "failure to yield" statistics and what is counted. Traffic Engineer Brine'' clarified that the study counted vehicles that are not yielding to pedestrians or bicycles that and already in the street. Maureen Cotton, President of the Central N her concerns with "failure to yield" tra conversations with Police Chief Lewis, encour School, believed the palm trees near thy: kh, traffic, and recommended exploring usrrjg..a' utilizing reflective walk sign posts and stops Mayor Pro Tem Duffield 17th Street between Irvine flashing beacons are also":I use them near Newport El rch CU, . nunity Association, expressed .aced her correspondence, discussed enforcement near Newport Elementary the crossing guards' view of oncoming i push button blinking crosswalks and ffectiveness of the pedestrian improvements on Drive. Traffic Engineer Brine noted that the rapid do and Via Oporto, and that they are proposing to Jim Mosher questioned Council for'not requesting clarification on Consent. Calendar items (Item SSI), took issue that no explanati©a was included with Closed Session Item IV.C, and believed that the memos requesting minor changes to the. recommendation for Item 6 (Bonita Creek Sports Park Pickleball Courts — Notice of Completion) and Item 7 (Central Avenue Public Dock Project — Notice of Completion) should amend the agenda. Mayor Muldoon indicated Council asks questions about Consent. Calendar items when the item is before Council and the appropriate audience is in attendance. City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the items as listed in the Closed Session agenda and read the titles. IV. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City Manager, Barbara Salvini, Human Resources Director, Brian P. Walter and Peter Brown; Labor Negotiators. Volume 63 - Page 382 City of Newport Beach Study Session and Regular Meeting October 24, 2017 Employee Organizations: Newport Beach City Employees Association (NBCEA); Newport Beach Firefighters Association (NBFA); Newport. Beach Police Association (NEPA); Newport Beach Police Management. Association (NBPMA); Newport. Beach Lifeguard Management Association (NBUTA); and Newport Beach Professional and Technical Employee Association (NBPTEA). B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) (e) (2)): 8 matters The Newport. Beach Police Management Association (NBPMA), the Newport Beach Police Association (NBPA), the Newport Beach Firefighters Association (NBFA), the Laborers International Union of North America Local 777 (as affiliated with and on behalf of the Newport. Beach Professional and Technical Employees Association (NBTEA) and Newport Beach City Employees Association (NBCEA)), on behalf of the current and former members of said unions, as well as Vladimir Anderson and Robert Salerno, in their individual capacities, are aware of the United States Court of Appeals for the Ninth Circuit's decisaon`'in the case of Flores v. City of San Gabriel (9th Cir. 2016) 824 F.3d 890 which may result ;in liti ption against the City of Newport Beach related to the calculation and payment of overtime compensation. C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) (e)(1)): 1 V. RECESS - 5:10 p.m. VII. ROLL CALL VIII. ............... .............................. Present.: Council Member, Jeff Herdm�r, Couneil Member Brad Avery, Council Member Diane Dixon, Council Member Will OINe111., Council Member Scott Peotter, Mayor Pro Tem Duffy Duffield, Mayor Kevin MiiIdoon City Attorney Harp reported th t: there were no reportable actions taken. ................. IX. INVOCATION - Council Member Peotter X. PLEDGE OF ALLEGIANCE - Council Member Avery XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) Council Member O'Neill: • Announced that the Newport. Beach Chamber of Commerce Economic Forecast will be held on October 27, 2017; the OASIS Senior Center will be holding its 40th Anniversary events November 2- 4, 2017; Boss Baby will be showing on November 3, 2017, in San Miguel Park; and the high school students who started OC Books on the Run (ocbooksontherun.com) will be at the November 14, 2017 Council meeting, he will be donating 100 books, and encouraged others to donate books to the organization Reminded everyone to drive safely on Halloween Volume 63 - Page 383 City of Newport Beach Study Session and Regular Meeting October 24, 2017 XIII. F. It Council Member Dixon: • Attended the Fire Department promotional ceremony earlier today, along with all of Council • Announced that the sculpture exhibit in the Civic Center Park will open on October 28, 2017 • Requested a future report from the City Manager relative to how the City can be prepared for changes in the homeless population due to the possible anti -camping laws being proposed for the Santa Ana River area. Council Member Peotter: • Requested and received confirmation from City Manager Kiff that the Corona del Mar Fire Station and Library project can be re -bid for its current location and will not need Council approval prior to going out to re -bid. Mayor Muldoon: • Read and presented the National. Cwiertneiwicz and Danielle Godino. Referencing his comments from have either had no auestions.re: READING OF r Week Proclamation to Taylor x reiterated his belief that Council Members items or had them answered at another time. 1. Minutes for the OctabBr 10, 2017 City Council Meeting (100-2017] Waive reading of subject minutes, approve as amended, 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 Resolution Affirming the City Manager's Authority to Administer and Manage the City's Employee Deferred Compensation and Health Savings Plans and Authority to Sign Related Contracts (C-8420-1) (continued from the 10/10/17 City Council, meeting) [38/100- 2017) a) Determine this action is exempt from the California Environmental (duality 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. 2017-65, A Resolution of the City Council of the City of Newport Beach., California., Affirming the City Manager's Authority to Administer and Manage the City's 457 Plait and Retirement Health. Savings Plan. Volume 63 - Page 384 City of Newport Beach Study Session and Regular Meeting October 24, 2017 4. Adopt a Resolution Supporting an Application by the City of Irvine for the OCTA Measure M2 Regional Traffic Signal Synchronization Program for the Culver Drive - Bonita Canyon Drive Project [100-20171 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. 2017-67, A Resolution of the City Cou.n.ci.l, of the City of Newport Beach, California, Supporting an, Application. by the City of Irvine for the Orange County Transportation. Authority's Measure M2 Traffic Signal, Syrtch•rorti•tiati.orr. Program Funding for the Culver Drive - Bonita Carryon Drive Corridor Syrtch•rouization Project. Mayor Muldoon recused himself from Item 4 due to his employment. Resolution Authorizing CalRecycle Rubberized Pavement Grant Program Application (C-8526-1) [38/100-20171 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 orix)drectly; and b) Adopt Resolution No. 2017-68, A Resolution, of the City Comtel of the City of Neroport Bea.clt, California, Authorizing Submittal of Applrcatio4W for All Cal Rrvele Grants for u;lt:ich, tic•e City of Newport Beach. is Eligible. CONTRACTS AND AGREEMENTS of Completion for Contract No. 8130 - action exempt from the California Environmental 5301 (Existing facilities) based on the project is a ing negligible expansion of the CEQA Guidelines, Chapter 3, because it has no potential to have a b) Authorize the City Clerk to r616' se the Labor and Materials Bond 65 days after the Notice of Completion h".. been recorded in accordance with applicable portions of the Civil Code; c) Release Faithful Performgnee Bond one (1) year after acceptance by the City Council; and d) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. ............ 7. Central Avenue Public Dock Project - Notice of Completion for Contract No. 8197-1 (Project No. 171112) [38/100-20171 a) On April 11, 2017, City Council found this action exempt from the California Environmental Quality Act. (CEQA) pursuant to Class 4 Section 15303 Class 3 New construction or Conversion of Small Structures 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) 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; c) Release Faithful Performance Bond one (1) year after acceptance by the City Council; and d) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. 8. Corporation Yards Painting Project -Award of Contract No. 7153-1 (18F02) [38/100-20171 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Minor Alteration of Existing Public Facilities with Negligible Expansion) 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) Approve the project drawings and specifications; Volume 63 - Page 385 City of Newport Beach Study Session and Regular Meeting October 24, 2017 c) Declare the bid submitted by Harry H. Joh Construction as non-responsive and reject the bid submitted by Harry H. Joh Construction; d) Declare TL Veterans Construction, Inc. as the low responsive bidder; e) Award Contract. No. 7153-1 to TL Veterans Construction, Inc. for the total bid price of $570,000.00, and authorize the Mayor and City Clerk to execute the contract; and f) Establish a contingency of $57,000.00 (10 percent) to cover the cost of work not included in the original contract. Approval of Purchase of B1ueTOAD Bluetooth Traffic Monitoring System (C-8527-1) [38/100-20171 a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeal_de indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) Approve Econolite, Inc. of Anaheim, California, via Single source Selection for procurement of the BlueTOAD traffic monitoring system and Econolite Centracs related software module; and c) Authorize the City Manager to execute a Professional Servlcies Agreement with Econolite, Inc. of Anaheim, California, for the procurement of ;the B1ueTOA)=}.traffic monitoring system for a not to exceed fee of $119,151.21. 10. Marina Management Services — An Budget Amendment (C-6333) [38/100- a) Determine that the action is exempt pursuant, to Sections 15060(c)(2) (the indirect physical change in the envir defined in Section 15378) of the CE.Q) to the environment, directly or ini1jd1re( ement with Basin Marine and iliforn a Environmental Quality Act. (CEQA) xot result in a direct or reasonably foreseeable 1 15060(c)(3) (the activity is not a project as because it will not result in a physical change b) Approve Budget, Amendment No. 181.3A.-009 appropriating $137,700 from the Tidelands Fund unappropriated fund balance to A -1:u . 1008014-811044 for Marina Management Services at Marina Park for th±:balnce of FY 2017-18; and c) Approve Amen. ment No, 1 to the Professional Services Agreement with Basin Marine, Inc. to extend the term 16 Dec, eFnber 31, 2018, and increase compensation by $214,200, for a total contract value of X581,400, for Marina Management Services at Marina Park. MISCELLANEOUS 11. Planning Commission Agenda for the October 19, 2017 Meeting [100-20171 Receive and file. 12. Appointments to the Aviation Committee [24/100-2017] 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 Council Member Avery's appointment of Charles (Steve) Byers as the District 2 Representative Member to the Aviation Committee; and c.) Confirm Council Member Herdman's appointment of Patricia Janssen as the District 5 Alternate Member to the Aviation Committee. 13. Balboa Peninsula Pedestrian Crossing Study (C-8528-1) (continued from the 10/10/17 City Council meeting) [38/100-2017] 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) Receive and file the study; and Volume 63 - Page 386 City of Newport Beach Study Session and Regular Meeting October 24, 2017 c) Direct staff to prepare plans and specifications for the implementation of signing and striping improvements at uncontrolled crosswalks on the Balboa Peninsula, per the recommendations outlined in the Study. In addition, include funding in the FY 18/19 Capital Improvement Budget for sidewalk bulb -out installations and a flashing beacon installation. Motion by Mayor Pro Tem Duffield, seconded by Council Member Herdman, to approve the Consent Calendar: and noting the recusal by Mayor Muldoon on Item 4, the amendments to the recommendations for Items 6 and 7, and the submission of the agreement for Item 9. The motion carried by the following roll call vote: Ayes: Council Member Jeff Herdman, Council Memlaer Avery, Council Member Dixon, Council Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon XV. ITEM REMOVED FROM THE CONSENT CALENDAR - N XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Nancy Gardner, Friends of the Newport. Beach Animal O -Ween costume event for dogs will be held on Octob noon, and highlighted the judging categories. Roberta Buchanan discussed coyote concerns below Castaways, took issue that the City is the City needs a comprehensive plan to deal Lenore Pittman expressed co, with Ms. Buchanan about the ONBAS), announced that their Howl - 7, at Marina Park from 10:00 a.m. to announced that there are coyote dens sea lions than coyotes, and believed and children in her neighborhood and agreed Jim Mosher discussed, with concern, detail nfthe Civic Center audit and process, and asked if Council believed the matter is concluded when this was decided and the vote, where the final audit report is, the cost of the audit where he could locate the settlement agreement, and what the City learned and how that knowledze will be preserved ftir the future. City Attorney Harp explaixted_tho audit process, why it was not reported until after the settlement was made, the use of the draft repcxt as being the formal audit, and the cost of the audit and amount, of the settlement. He noted that, the public can view the settlement agreement and previous staff reports related to the audit. Mayor Muldoon believed that what was learned most from the audit was that government must have restrictions to control spending and pointed out that the current City Council is working on creating a Charter amendment that would restrict the amount of debt that could be issued without voter approval. In response to Council Member Peotter's question, City Attorney Harp confirmed that the settlement agreement does not include a confidentiality provision to restrict Council Members from stating opinions about the audit or settlement agreement. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None XVIII. PUBLIC HEARING 14. Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150) (C-4145) [381100-20171 In response to Council Member O'Neill's question, Assistant Planner Whelan reported that out of the 204 beds allowed pursuant to the agreement, 43 are occupied. Volume 63 - Page 387 City of Newport Beach Study Session and Regular Meeting October 24, 2017 Mayor Muldoon opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Peotter, seconded by Council Member Dixon, to a) 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; b) find that Sober Living by the Sea has demonstrated good faith compliance with the terms of the Zoning Implementation and Benefit Agreement; and c) 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. The motion carried by the following roll call vote: Ayes: Council Member Jeff Herdman, Council Member Avery, Council Member Dixon, Council Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon XIX. CURRENT BUSINESS 15. Ocean Piers Maintenance Project —Award of Contract No. 7:126-1 (17H03) [38/100-20171 Deputy Public Works Director Vukojev inspection process, how piers can be da constant corrosive marine environment, proposed project. He discussed the bid this year, if approved. In response to Council quest in 2002 were for concrete df two years. He discussed wl to show what brokalk..lvr ng t Ruby's Diner was able to op ................. a Powe rPoint• presentation to highlight the pier damage that. occurred October 17-18, 2017, the eban piers maintenance projects, and the current d` an7Younced that the work will be started later PubM Works Director Vukojevic reported that the repairs Wated various maintenance projects are conducted every recently to stabilize the Balboa Pier and displayed a video . He also reported on the sewage spill and announced that same day. Mayor Pro Tem Duffield stated he will talk with Public Works about using composite piles in lieu of wood piles. Motion by Council Member O'Neill, seconded by Council Member Duffield, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (minor alteration of existing public facilities with negligible expansion) 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) approve the project drawings and specifications; c) award Contract. No. 7126-1 to John S. Meek Company Inc. for the total bid price of $1,182,395.00, and authorize the Mayor and City Clerk to execute the Contract.; d) establish an amount of $236,000 (20%) to cover the cost of unforeseen work not included in the original contract; e) authorize the City Manager to execute an Amendment on a form acceptable to the City Attorney to the current Professional Services Agreement with COWI Marine North America Inc. for up to $50,000 for additional design, inspection and construction support services that may be necessary to execute the construction contract.; and f) approve Budget. Amendment. No. 18BA-010 appropriating $937,000 from Tidelands Capital Fund unappropriated fund balance to Account No. 10101-980000-17H03 (Ocean Piers Maintenance and Repairs Project). The motion carried by the following roll call vote: Volume 63 - Page 388 City of Newport Beach Study Session and Regular Meeting October 24, 2017 Ayes: Council Member Jeff Herdman, Council Meml:)er Avery, Council Member Dixon, Council Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon XX. MOTION FOR RECONSIDERATION - None XXI. ADJOURNMENT - 7:41 p.m. The agenda was posted on the City's website and on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive on October 19, 2017, at 4:00 p.m. Leilani I. Brown City Clerk Volume 63 - Page 389