HomeMy WebLinkAbout01 - MinutesMarch 13, 2018
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
February 27, 2018
I. ROLL CALL - 5:32 p.m.
Present.: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman,
Council Member Kevin Muldoon (arrived at. 5:40 p.m.), Council Member Scott Peotter, Mayor
Pro Tem Will O'Neill, Mayor Duffy Duffield
11. PUBLIC COMMENTS - None
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. He also recused
himself on Item IILC out of an abundance of caution based on the possible personal financial
impact provisions of the Political Reform Act.
Ill_ i:-LOSED SESSION - Council Chambers Conference Room
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives. Dave Kiff, City Maruiger, Carol Jacobs, Assistant City
Manager, Barbara Salvini, Human Resokkrcea Director, Brian P. Walter and Peter Brown; Labor
Negotiators.
Employee Organizations: Newi56rt. Beach Lifeguard Management. Association (NBLMA);
Newport Beach City Employees Association NBCEA); Newport Beach Firefighters Association
(NBFA); Newport Beach Fire Manzrgernent Association (NBFMA); Newport Beach Police
15.ssnciatinn (NBPA): Newpuirt Bbach Police Management Association (NBPMA); and Newport Beach
Professional and Tmbnical Employ-ne AR:soc:isition (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 i% 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.
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City of Newport Beach
Regular Meeting
February 27, 2018
Agency Claimed Against: City of Newport Beach
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 171 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 Neicport. Beach, et al. (Related California Urban Housing LLC, Real Party
i.n Interest)
Orange County Superior Court Case No. 30-2017-00904285-CU-WM-CJC
IV. RECESSED - 5:32 p.m.
V. REC.QNVENED AT 7:00 P.M. FOR REGULAR MEETIN{a
VI. ROLL CALL
Present: Council Member Brad Avery, Council Membfir Diane Dixon, Council Member Jeff Herdman,
Council Member Kevin Muldoon, Council Nle n her xco(t Peotter, Mayor Pro Tem Will O'Neill,
Mayor Duffy Duffield
VII. CLOSED SESSION REPORT „.
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Regarding Item IIID, City Attorney Harp announced the City Council unanimously approved a
settlement agreement that provides fazezlthe settlement of both matters, highlighted the terms, and
skated it w i l l lie made availsb10 onciz �uliy exeeutad. "
VIII. INVOCATION - Council Member Herdman'
IX. PLEDGE OF ALLEQVjkNCF - Council Member Peotter
X, PRESENTATION
Presentation to Jax Richards - 2017 Newport Beach Junior Lifeguard of the Year
Mayor Duffield read the proclamation and Lifeguard Operations Assistant Chief Williams and
Lifeguard Captain O'Rourke presented Jax Richards with the Fire Department 2017 Ju.ni:or Lifeguard
of the Year plaque and a $250 scholarship check from the California State Life Saving Association
(CSLSA). Lifeguard Captain O'Rourke, announced that. Jax Richards was also named the State's 2017
Junior Lifeguard of the Year and will be trying out to become a City lifeguard on March 3, 2018. Jax
Richards shared his background and experiences, and stated he is looking forward to the tryouts.
I. NOTICE TO THE PUBLIC
XII. CITY COUNCI N NOUNCEM TS NON -DISCUSSION ITEM
Council Member Avery:
• Utilized a PowerPoint slide to announce that the City received a $2.4 million grant from the Orange
County Transportation Authority (OCTA) to construct the Superior Avenue pedestrian and bicycle
bridge, discussed the benefits of the bridge, and thanked staff and former Council Member Tony
Petros for their efforts
• Announced that he., along with the Public Works department, will be hosting a community meeting
on March 14, 2018 to discuss a Newport, Heights traffic study
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a Attended the Environmental Nature Center (ENC) Nature Preschool groundbreaking
Council Member Peotter:
■ Requested a future agenda item to consider whether Council should support SB 1394
Council Member Dixon:
■ Thanked Public Works for obtaining the grant for the the Superior Avenue pedestrian and bicycle
bridge
• Requested an update at a future meeting relative to the Port Master Plan legislation
Council Member Herdman:
+ Attended the Newport Beach Chamber of Commerce Government Affairs meeting, the annual
Balboa Island Improvement Association and Little Balboa Island Property Owners Association
meetings, Airport Land Use Commission meeting, the Mayor's Breakfast hosted by Supervisor Steel,
and the National Prayer Breakfast
• Announced Public Works received the Cornstruction Project ofthe Year Award for the Park Avenue
Bridge Project from the American Society of Civil Engineers (ASCE) and displayed photos
Council Member Muldoon:
• Thanked the Newport Beach Police Department for its edification campaign to deter property crimes
in the City
Mayor Pro Tem O'Neill:
• Toured The Cove at UCI which celebrates entrepreneur^. !
Announced upcoming Witte lectures, lifeguazd tryouts ori March 3, 2018, and daylight saving time
on March 11. 2018
_:.
+ Congratulated the Newport. Harbor High &,hnal girls water polo team for winning the CIF
championship and requested they attend a f'utilre ineeting to be formally recognized
Mayor Duffield:
• Announced that the ENC Nature Preschool is still in need of donations
XIII. MATTERS WHICH 001iNC7L 14iE11 ERS-IAVE ASKED TO BE PLACED ON A FUTURE
ADEN CDri
+ 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)
The City Council concurred to place the matter on a future agenda.
* Whether to have the Council formally place a height limitation initiative on the ballot
(Herdman)
Council Member .Herdman withdrew his request.
■ 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)
The City Council unanimously concurred to place the matter on a future agenda.
XIV. PUBLIC COMMENTS ON CONSENT CALEND1e1R
Jim Mosher discussed what he believed was a problem with how Consent. Calendar was handled at the
last meeting and suggested adopting a policy to allow proper public notification when substantial
changes to Consent Calendar items are made after the agenda is public.
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V. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the February 13, 2018 City Council Meeting 1100-20181
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 [100-2018]
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. Ordinnncfi No_ 2018-1,'Alt Ordinance of the City Council of
t.lt.e City of Newport Beach, California, Adding {.`lwpfur 1.26 ler the Newport Beach. Municipal
Code Relating to Electronic and Paperlr-ss Fihhg of Fair Political Practices Commission,
Campaign Disclosure Statements.
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2018-10: Adopting an AmendCd Memo#andum of Understanding with the
Newport Beach Firefighters Assoaindan (?1BFA) (C-2060) [38/100-20181
a) Determine that the action is exempt. from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(6)(2)and 15 60(c)(3) of the CEQA Guidelines because it will not
result in a physical elia e tx� tFr6' ,nvii'ontnent, directly or indirectly; and
b) Adopt Resolution No. 2018.10. A Ressalu.fio r of the City Cou.n.ci.l, of the City of Newport Beach.,
California, Adopting pa. Anremk-d Mer mranduni of Understanding Between the City of Newport
Beach and the Nau71)rrrt Beach F.irefiglrters Association..
8. Adopt Resolution No. 201$41 Amending the Staffing Structure of (1) Position in the
Public Works Department 1100-20181
a) Determine this acion is "exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(6)(2) and 15060(6)(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. 2018-11, A Resolution, of the City Council of the City of Neruport. Beach,
California, Amending the Staffing Structure in, the Public Works Department.
CONTRACTS AND AGREEMENTS
6. Median Landscape Turf Replacement - Notice of Completion for Contract No. 8151-1
(16L02) [381100-20181
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(6);
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.
Mayor Pro Tem O'Neill recused himself from Item 6 due to real property interests.
7, Agreement with Irvine Ranch Water District regarding the Emergency Diversion of
Recycled Water into the San Diego Creek Watershed (C-8541-1) [38/100-20181
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a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 1.5060(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 CRQA 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.
Request City Council Approval of Professional Services Agreement with Carpi & Clay,
Inc. for Federal Advocacy Services Related to Harbor Dredging Efforts and Programs
(C-8542-1) [38/100-20181
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of rhe :C%(qA Guidelines because this action
will not result in a physical change to the environment, tiiic&cfly or indirectly;
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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 May:6r. 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 AccountNo. 01080005-811008.
J. Profeamional Services Agreement with Edward J. Jolsnson for Hearing Adjudication
Services (C-8543-1) [38/100-20181
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) snd 15060(c)(3) of the CEQA Guidelines because this action
will not result in a phy�si�&Lphnrtg� to t ho ksvirnninmt, directly or indirectly-, and
4) Authorize the Mayor to execute an agreement with Edward J. Johnson for hearing adjudication
services, with a not -to -exceed, campensation amount of $150,000.
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MISCELLANEOUS
10. Planning Commission Agenda for February 22, 2018 — canceled
Motion by Mayor Pro Telu Q'Ne91l. Seconded by Council Member Peotter, to approve the
Consent Calendar; and noting the recusal by Mayor Pro Tem O'Neill on Item 6.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member
Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Two unidentified speakers expressed concerns relative to sober living facilities, believed the City needs
to do more, and suggested collaborating with the City of Costa Mesa.
XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
At Council Member Peotter's request, Police Chief Lewis discussed the Police Department's involvement,
in school safety. He also highlighted the Police Department's youth and mentoring programs.
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XIX. PUBLIC HEARING
11. Non-exclusive Solid Waste Franchises [42/100-20181
Motion by Council Member Peotter. sejagnded by Council Member Herdman, to
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 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-exclusiiue Solid Waste Franchises to Provide
Solid. Waste Handling Seruices wi,th.in the City of Ne.uport. Beach., and pass to second reading on
March 13, 2018.
In response to Council Member Dixon's questions, Municipal Operations Director Pisani and City
Manager Kiff indicated they are looking into creating an incentive program for companies that use
Compressed Natural Gas (CNG) vehicles.
Mayor Duffield opened the public hearing. Hearing no testimony, he closed the public
hearing.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council
Member Peotter, Council Member Avery, Mayor Pro. Tem O'Neill, Mayor Duffield
XX. CURRENT BUSINESS <-
12. Corona del Mar Fire Station No. 5 and 1Library Replacement — Award of Contract
No. 8136-2 (17F12) [38/100-20181
Deputy Public Workr: Director VAoievic utilized a PowerPoint presentation to discuss the current
site, proposed project, imekground and scope, schedule, City team and project contractors, and costs.
In response to Council Member Muldoon's questions, Deputy Public Works Director Vukoievic
confirmed that the price decreased about $500,000 from the last bid, other locations were considered,
and Ehe funding Larne froin the Facilitiwq l+ nanring Flan (I''k'l}}. Discussion enaued relative it; Lhe.
amount of the Uptown Newport. project's development fee. Council Member Muldoon commended
the Council subcommittee and staff in overseeing the process, and emphasized development fees
cannot, be used toward the City's unfunded pension liability issue.
Council Member Herdman expressed support for the project; however, believed the project was
supposed to be postponed. City Manager Kiff explained how the concern last year over unfunded
pension liability postponed some projects, but indicated he is comfortable moving forward with this
project at this time. He explained how FFP funds are used long term and noted that projects are not
tied to specific development fees.
Council Member Peotter thanked staff for working with the community and incorporating some of
their requests. He believed, with Consumer Price Index (CPI) increases, the project is on budget to
what was allocated in the FFP.
Council Member O'Neill thanked staff, current and former Board of Library Trustees members, and
the community groups. He expanded on why the FFP continues to be one of the best ideas past.
Councils have implemented.
Council Member Dixon thanked staff and the community for their commitment, stressed the
importance of public/private contributions, noted the FFP is a reserve fund, and explained its
purpose.
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Regular Meeting
February 27, 2018
Council Member Avery emphasized that. the City should invest in public safety that adds benefits
to the community. He believed it is an appropriate time to do this since there may be times when
the City cannot fund such projects.
Mayor Duffy concurred with his fellow Council Members.
Karen Carlson commended the collaboration that occurred on this project and Friends of the Corona
del Mar Library Chair Joy Brenner.
Jim Mosher questioned using development fees outside of the project area, took issue with the
formation of a Council subcommittee, believed construction costs are increasing and questioned why
the cost has decreased, and asked if the current project is identical to the December 2016 project
that was rejected.
Council Member Peott.er clarified that the development fees from the Uptown Newport project are
fees that are over and above mitigation requirements.
Mayor Pro Tem O'Neill confirmed that, no formal Council subcommittee was created, but explained
that he and Council Member Peot.ter took it upon themselves to look at other locations.
Motion by Council Member NPUeniseconded by Cuuncil'blember Dixon, fie] a) find 1 -his
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 haus 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 tbe' Maycrr and City Clerk to execute the contract; d) establish a
contingency of $540,814.00 {approximately oighi percent) to cover the cost of unforeseen work not
included in the original coni.rat-te, {.-) approve a Professional Services Agreement with GKK Works
Ine. (C-8136-3) at a nqo -to-exceed fee of $256, O(X)- 00 for construction Lnanagemren C, iw3pection and
construction support services; and kiuthnrize the Mayor and City Clerk to execute the Agreement;
0 approve Amend> opt No. 1 to i he eurrcnt Professional Services Agreement with WLC Architects
Inc. (C-6074) for a cot-to-excood fee of $162,000.00 for additional design, bidding and construction
support services, and authoriz-el the Mayor and City Clerk to execute the Agreement; g) approve a
Professional Services Agreement with GMU Geotechnical Inc. (C-8136-4) 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-02 7 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.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council
Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
13. Newport Elementary Playfield — Award of Contract No. 8150-2 (17P15) [38/100-2018]
Out of an abundance of caution, City Clerk Brown recused herself due to a relationship
with the school.
Public Works Director Webb utilized a PowerPoint presentation to highlight the field uses,
existing field conditions, the proposed design and schedule, and reported on the additional projects
totaling over $76,000 to address maintenance and safety concerns.
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February 27, 2018
Motion by Council Member Peotter, seconded by Council Member Dixon, to a) find this
project exempt from the California Environmental Quality Act. (CEQA) pursuant to Section 15332
(in -till 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; 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.
Discussion ensued relative to the terms of the February 10, 2015 lease agreement between the
Newport -Mesa Unified School District and the City. Council Member Muldoon believed the School
District has the obligation to maintain and improve the field, pursuant to the lease agreement, and
Tidelands Fund money should not be used for this purpose. Public Works Director Webb clarified
that money from the Oceanfront Encroachment Fund is being proposed to be used instead of
Tidelands Fund money, and explained the purpose of the fund.
Council Member Dixon expressed hope that any costs not associated with City benefits is divided
equally with the School District. She commended the Newport Elementary School community for
working with tiro Ci Ly fou get the pmjeut approved with tho Co1iforhia Coastal Commimsion_
Council Member O'Neill publicly requested that the School:: District assist with the additional costs
and meet its financial obligations at this faeint
y
Matt Wiley thanked City staff and the School District for their assistance and funding. He indicated
he understands the cost allocation concerns, but hoped the larger goal of completing this project is
finally reached.
Jim Mosher questioned the equjtty oft, Cost: sharing and asked how the field is allocated throughout
the year.
The motion carried by thi, following roll ca 11 vote:
Ayes: Council Member ilcrdmail, Council Member Dixon, Council Member Peotter, Council
Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
Nays: Council Member Muldoon
7M. MOTION FOR RECONSIDERATION - None
)OUL ADJOURNMENT - 8:24 p.m.
The agenda and amended agenda were 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 February 22, 2018, at 4:00 p.m. and February 23, 2018, at 2:00 p.m.,
respectively.
Leilani I. Brown
City Clerk
Duffy Duffield
Mayor
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