HomeMy WebLinkAbout00 - AgendaAMENDED AGENDA — CLOSED SESSION ITEM ADDED
CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
CLOSED SESSION AND REGULAR MEETING
FEBRUARY 27, 2018
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
CLOSED SESSION - 5:30 P.M.
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@newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
FEBRUARY 27, 2018
CLOSED SESSION - 5:30 P.M.
REGULAR MEETING - 7:00 P.M.
ROLL CALL - 5:30 p.m.
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.
III. 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.
Employee Organizations: Newport Beach Lifeguard Management Association (NBLMA);
Newport Beach City Employees Association (NBCEA); Newport Beach Firefighters Association
(NBFA); Newport Beach Fire Management Association (NBFMA); 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.
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
City Council Meeting
February 27, 2018
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D. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 2 Matters
Orange County Museum of Art, et al. v. City Council of the City of Newport Beach, et al.; (Line
in the Sand PAC, Real Party in Interest)
Orange County Superior Court Case No. 30-2017-00896448-CU-PT-CJC;
California Fourth District Court of Appeal, Division 3 Case No. G055061
Susan Skinner v. City of Newport Beach, et al. (Related California Urban Housing LLC, Real
Party in Interest)
Orange County Superior Court Case No. 30-2017-00904285-CU-WM-CJC
IV. RECESS
V. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
VII. CLOSED SESSION REPORT
VIII. INVOCATION
IX. PLEDGE OF ALLEGIANCE
X. PRESENTATION
Presentation to Jax Richards - 2017 Newport Beach Junior Lifeguard of the Year
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
• Whether to re-establish a City Council Legislative Committee to assist staff in
implementing the City's legislative efforts both in Sacramento and Washington DC (Dixon)
• Whether to have the Council formally place a height limitation initiative on the ballot
(Herdman)
• Whether to take a formal position in support of Cal -Chiefs' proposed ballot measure
known as the "Reducing Crime and Keeping California Safe Act of 2018" (Muldoon)
City Council Meeting
February 27, 2018
Page 3
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- 10). 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 February 13, 2018 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.
ORDINANCE FOR ADOPTION
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) Conduct second reading and adopt 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.
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2018-10: Adopting an Amended Memorandum of Understanding with the
Newport Beach Firefighters Association (NBFA)
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to §§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. 2018-10, A Resolution of the City Council of the City of Newport Beach,
California, Adopting an Amended Memorandum of Understanding Between the City of
Newport Beach and the Newport Beach Firefighters Association.
5. Adopt Resolution No. 2018-11 Amending the Staffing Structure of (1) Position in the Public
Works Department
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) Change the staffing structure in Public Works Department by eliminating one (1)
Management Assistant position and adding one (1) Administrative Analyst position; and
c) Adopt Resolution No. 2018-11, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Staffing Structure in the Public Works Department.
City Council Meeting
February 27, 2018
Page 4
CONTRACTS AND AGREEMENTS
6. Median Landscape Turf Replacement — Notice of Completion for Contract No. 8151-1
(161-02)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On June 13, 2017, the project was found to be 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.
7. Agreement with Irvine Ranch Water District regarding the Emergency Diversion of
Recycled Water into the San Diego Creek Watershed
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; IRWD is processing a
CEQA review and approval for their planned emergency diversion under Section 15164 of
the State CEQA Guidelines which provides for the preparation of an addendum to a
previously certified Environmental Impact Report by a lead agency or a responsible agency
if some changes or additions to the project are necessary but none of the conditions
described in CEQA calling for preparation of a subsequent EIR have occurred; and
b) Approve the agreement regarding the Emergency Diversions of Recycled Water into the San
Diego Creek Watershed between the City of Newport Beach and the Irvine Ranch Water
District, and authorize the City Manager to sign the agreement and attached letter of support.
8. Request City Council Approval of Professional Services Agreement with Carpi & Clay, Inc.
for Federal Advocacy Services Related to Harbor Dredging Efforts and Programs
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 Professional Services Agreement with Carpi & Clay, Inc. for federal advocacy
services at a not -to -exceed fee of $141,000.00, and authorize the Mayor and City Clerk to
execute the Agreement; and
c) Approve Budget Amendment No. 18BA-026 appropriating $141,000.00 from the General
Plan Update project (01201928-980000-18M12) to Account No. 01080005-811008.
9. Professional Services Agreement with Edward J. Johnson for Hearing Adjudication
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) Authorize the Mayor to execute an agreement with Edward J. Johnson for hearing
adjudication services, with a not -to -exceed compensation amount of $150,000.
MISCELLANEOUS
10. Planning Commission Agenda for February 22, 2018 - canceled
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
City Council Meeting
February 27, 2018
Page 5
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
11. Non-exclusive Solid Waste Franchises
a) Conduct a public hearing to consider the award of Non -Exclusive Commercial Solid Waste
Collection Franchises pursuant to Resolution No. 2018-4;
b) 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
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2018-
2, An Ordinance of the City Council of the City of Newport Beach, California, Granting
Non-exclusive Solid Waste Franchises to Provide Solid Waste Handling Services within the
City of Newport Beach, and pass to second reading on March 13, 2018.
XX. CURRENT BUSINESS
12. Corona del Mar Fire Station No. 5 and Library Replacement - Award of Contract No. 8136-
2 (17F12)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines. This exemption
covers the replacement or reconstruction of existing structures and facilities where the new
structure will be located on the same site as the structures replaced and will have
substantially the same purpose and capacity of the structure replaced;
b) Approve the project drawings and specifications;
c) Award Contract No. 8136-2 to TELACU Construction Management Inc. (TELACU) for the
total bid price of $6,724,186.00, and authorize the Mayor and City Clerk to execute the
contract;
d) Establish a contingency of $540,814.00 (approximately eight percent) to cover the cost of
unforeseen work not included in the original contract;
e) Approve a Professional Services Agreement with GKK Works Inc. at a not -to -exceed fee of
$256,000.00 for construction management, inspection and construction support services,
and authorize the Mayor and City Clerk to execute the Agreement;
f) Approve Amendment No. 1 to the current Professional Services Agreement with WLC
Architects Inc. for a not -to -exceed fee of $162,000.00 for additional design, bidding and
construction support services, and authorize the Mayor and City Clerk to execute the
Agreement;
g) Approve a Professional Services Agreement with GMU Geotechnical Inc., for a not -to -
exceed fee of $65,000 for construction related geotechnical, material testing and inspection
services, and authorize the City Manager to execute the Agreement; and
h) Approve Budget Amendment No. 18BA-027 appropriating $897,000.00 from the Facilities
Financial Plan unappropriated fund balance to Account No. 53201-980000-15F12 for the
Corona del Mar Fire Station No. 5 and Library Replacement project.
13. Newport Elementary Playfield - Award of Contract No. 8150-2 (17P15)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15332 (in -fill development projects) 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;
City Council Meeting
February 27, 2018
Page 6
b) Approve the project specifications;
c) Award Contract No. 8150-2 to GMC Engineering, Inc. for the total bid amount of $520,520.00
and authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $52,000.00 (approximately 10% of Total Bid) to cover the cost of
unforeseen work not included in the original contract; and
e) Approve Budget Amendment No. 18BA-025 appropriating $163,000.00 from the Oceanfront
Encroachment Fund unappropriated balance to Account No. 01201939-980000-17P15; and
transferring $200,000.00 from 10001-980000-17P15 to 01201939-980000-17P15 for the
Newport Elementary Field Rehabilitation project.
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
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