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HomeMy WebLinkAbout00 - Agenda/off v `qLl FO®�v CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING FEBRUARY 13, 2018 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 4:30 P.M. (PUBLIC WELCOME) CLOSED SESSION FOLLOWS STUDY SESSION 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 DAVE KIFF, City Manager AARON HARP, City Attorney LEILANI 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 FEBRUARY 13, 2018 STUDY SESSION - 4:30 P.M. (PUBLIC WELCOME) CLOSED SESSION FOLLOWS STUDY SESSION REGULAR MEETING - 7:00 P.M. ROLL CALL - 4:30 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. John Wayne Airport Issues Update Because this item was not addressed (due to time considerations) at the City Council's January 2018 Planning Session, staff will update the City Council and community on recent actions by the City and others regarding the County -owned John Wayne Airport. SS3. Possible Improvements to the A/V Equipment in the City Council Chambers Staff will present a plan to allow meeting participants, Council Members, and viewers at home to better see various presentations and programming within the City Council Chambers. 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: Dave Kiff, 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 Police Association (NBPA); Newport Beach Police Management Association (NBPMA); and Newport Beach Professional and Technical Employee Association (NBPTEA). B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) (e)(2)): 9 matters The Newport Beach Lifeguard Management Association (NBLMA), 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 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. City Council Meeting February 13, 2018 Page 2 C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION — LIABILITY CLAIM (Government Code § 54956.9(d)(2) (e)(3)): 1 matter Claim: On June 15, 2017, Leonie Mulvihill filed a claim, pursuant to the Government Claims Act, with the City of Newport Beach. Pursuant to Government Code § 54957.5, the claim is available for public inspection at the Newport Beach City Clerk's Office located at 100 Civic Center Drive, Newport Beach, California 92660. Agency Claimed Against: City of Newport Beach V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. INVOCATION - Sayed Moustafa al-Qazwini, Ph.D., Islamic Education Center of Orange County 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 (NON -DISCUSSION ITEM) XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consideration of an early earthquake warning technology briefing (Muldoon) 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 - 15). 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 February 13, 2018 Page 3 XV. CONSENT CALENDAR 1:7��1�71►�[�Zd�i ill►�Uj����1►�1 �Z�1:7�71►V_�1►�[d�7 Minutes for the January 23, 2018 City Council Meeting and January 29, 2018 Planning Session 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. ORDINANCE FOR INTRODUCTION 3. Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements 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) Introduce Ordinance No. 2018-1, An Ordinance of the City Council of the City of Newport Beach, California, Adding Chapter 1.26 to the Newport Beach Municipal Code Relating to Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements, and pass to second reading on February 27, 2018. RESOLUTIONS FOR ADOPTION 4. Council Policy Manual Update: Harbor and Beaches "H" Policies 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. 2018-3, A Resolution of the City Council of the City of Newport Beach, California, Adopting Revised City Council "H" Policies. 5. Non-exclusive Solid Waste Franchises 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. 2018-4, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to Conduct a Public Hearing to Consider Granting Non-exclusive Solid Waste Franchises; and c) Direct the City Clerk to publish Resolution No. 2018-4 within 15 days of its adoption. 6. Resolutions Supporting Submission of Grant Applications Under the Orange County Transportation Authority (OCTA) Measure M2 Tier 1 Environmental Cleanup Program, and the Ocean Protection Council's (OPC) Proposition 1 Grant Program 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. 2018-5, A Resolution of the City Council of the City of Newport Beach, California, Authorizing and Supporting the Submission of Grant Proposals for Funding Under the Orange County Transportation Authority Environmental Cleanup Tier 1 Grant Program; and c) Adopt Resolution No. 2018-6, A Resolution of the City Council of the City of Newport Beach, California, Authorizing and Supporting the Submission of Grant Proposals for Funding Under the California Ocean Protection Council's Proposition 1 Grant Program Under the Water, Supply and Infrastructures Improvement Act of 2014. City Council Meeting February 13, 2018 Page 4 7. Resolution No. 2018-7 Relating to the City Council's 2018 Planning Session 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. 2018-7, A Resolution of the City Council of the City of Newport Beach, California, Regarding Strategies from the 2018 Planning Session. 8. Issuance of City Council Subpoenas to Investigate Alleged Voter Fraud in the Unsuccessful Recall Signature Gathering Effort 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. 2018-8, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Issuance of Subpoenas Pursuant to City Charter Section 410, Compelling the Appearance and Testimony of Witnesses and Production of Documents Related to the City Council's Investigation of Alleged Voter Fraud in the Unsuccessful Recall Signature Gathering Effort. CONTRACTS AND AGREEMENTS 9. Central Avenue Plaza Revitalization — Notice of Completion Contract No. 8197-2 (Project No. 17H12) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On October 10, 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 (1) year after acceptance by the City Council. 10. Final Tract Map No. 17555 for a 23 -Unit Residential Condominium Development Located at 3303 and 3355 Via Lido a) Find that all significant environmental concerns for the proposed project have been addressed in the previously adopted Lido Villas Residential Mitigated Negative Declaration (SCH#2013071050). The final map is within the scope of the previously adopted Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA); b) Find that Final Tract Map No. 17555 is in substantial conformance with Tentative Tract Map No. NT2013-001 for the proposed development as approved by the City Council on November 12, 2013 (Resolution No. 2013-78); c) Review and approve the Subdivision Agreement for Final Tract No. 17555 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. 17555 pursuant to Section 19.36.030 of the Municipal Code; and e) Review and approve Final Tract Map No. 17555 for the subdivision of property located at 3305 and 3355 Via Lido pursuant to Section 19.60.010 of the Municipal Code. 11. Tentative Agreement Amending the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Firefighters Association 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) Receive and consider the Tentative Agreement between the City of Newport Beach and the Newport Beach Firefighters Association. City Council Meeting February 13, 2018 Page 5 12. Enhanced Services and Priority Communications Zone Master License Agreement with Verizon Wireless a) Find this activity categorically exempt pursuant to Section 15303 (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) Approve a waiver of City Council Policy F-7, Income Property, based on the findings contained in the staff report and in the Enhanced Services and Priority Communications Zone Master License Agreement; and c) Approve an Enhanced Services and Priority Communications Zone Master License Agreement with Los Angeles SMSA Limited Partnership (DBA Verizon Wireless) of Bedminster, New Jersey, and authorize the Mayor and City Clerk to execute the Agreement. 13. Services Agreement with RCS Investigations and Consulting, LLC, for Pre -Employment Background Investigation Services 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 a Services Agreement with RCS Investigations and Consulting, LLC, of Anaheim Hills, California, for pre-employment background investigation services at a not -to -exceed cost of $550,000, and authorize the Mayor and City Clerk to execute the Agreement. MISCELLANEOUS 14. Planning Commission Agenda for February 8, 2018 — canceled 15. Harbor Commission's 2018 Objectives 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 the Harbor Commission's 2018 Objectives. 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 HEARING 16. A Resolution to Adjust Rent Charged for Commercial Fuel Docks a) Conduct a public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable 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 this project has no potential to have a significant effect on the environment; and c) Adopt Resolution No. 2018-9, A Resolution of the City Council of the City of Newport Beach, California, Adjusting the Rent Charged for Commercial Fuel Docks, Located Upon Tidelands. City Council Meeting February 13, 2018 Page 6 XX. CURRENT BUSINESS 17. Newport Beach Police Department Remodel —Award of Contract No. 7261-1 (17F12) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) 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) Declare TL Veterans Construction, Inc. as the lowest responsive bidder; d) Award Contract No. 7261-1 to TL Veterans Construction, Inc. (TLV) for the total bid price of $496,800.00, and authorize the Mayor and City Clerk to execute the contract; and e) Establish a contingency of $50,200.00 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract. 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 - In memory of Dan Gurney 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