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Home My WebLink About00 - Agenda/A C '�11 FO 9- CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CLOSED SESSION AND REGULAR MEETING MARCH 27, 2018 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 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(o)newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 MARCH 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 — INITIATION OF LITIGATION (Government Code § 54956.9(d)(4): 1 matter IV. RECESS V. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL City Council Meeting March 27, 2018 Page 2 VII. CLOSED SESSION REPORT VIII. INVOCATION - Pastor Cindy William, Newport Center United Methodist IX. PLEDGE OF ALLEGIANCE X. PRESENTATION Presentation from Orange County District Attorney Tony Rackauckas Regarding Human Exploitation and Trafficking (HEAT) Reduction Effort 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. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 8). 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 March 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. RESOLUTIONS FOR ADOPTION 3. Adoption of Resolution No. 2018-17 for the Reducing Crime and Keeping California Safe Act of 2018 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 City Council Meeting March 27, 2018 Page 3 b) Adopt Resolution No. 2018-17, A Resolution of the City Council of the City of Newport Beach, California, Supporting the Reducing Crime and Keeping California Safe Act of 2018. 4. Proposed Amendments to the Records Retention Schedule 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. 2018-18, A Resolution of the City Council of the City of Newport Beach, California, Amending Certain Sections of the Records Retention Schedule and Authorizing Destruction of Certain Records Accordingly. CONTRACTS AND AGREEMENTS 5. Peninsula Park and Bayview Park Improvements —Award of Contract No. 7226-2 (16P12) 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; b) Approve the project plans and specifications; c) Award Contract No. 7226-2 to S & H Civilworks for the base bid amount of $234,060.00 for Peninsula Park, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $23,400 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract. 6. Balboa Peninsula Pedestrian Crossing Improvement Project — Award of Contract No. 7288-1 (Project 18T03) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 Class 1 (c) (maintenance of existing public facilities involving negligible or no expansion of use); b) Approve the project plans and specifications; c) Award Contract No. 7288-1 to Excel for the total bid price of $386,307.00, and authorize the Mayor and City Clerk to execute the contract; d) Establish $39,000.00 (approximately 10 percent), contingency amount to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 18BA-034 transferring $225,000.00 from Account No. 01201928-980000-17M12 (Slope Erosion Control/Enhancements) to Account No. 01201927-980000-18T03 (Traffic Signage, Striping, Marking and Crosswalks). 7. On -Call Professional Services Agreements for Marine Engineering and Harbor Related 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) Award and approve Professional Services Agreements with Anchor QEA, LLC, Moffatt & Nichol, and Noble Consultants, Inc., and authorize the Mayor and City Clerk to execute each agreement. Each on-call agreement is for a three-year term and carries a not -to -exceed amount of $300,000 for each agreement's total three-year term. MISCELLANEOUS 8. Planning Commission Agenda for March 22, 2018 Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED City Council Meeting March 27, 2018 Page 4 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. EV/lWe] :7_1q: =1a*]:4&IJ:;101�iEll 11VA016111Z Is] We] kiWe] LyiIJ,l11aI=1 =V_T"ILVA 119I�'i XVIII. PUBLIC HEARINGS 9. Non -Exclusive Commercial Solid Waste Franchises a) Conduct a public hearing to consider the award of Non -Exclusive Commercial Solid Waste Collection Franchises pursuant to Resolution No. 2018-12; 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- 3, An Ordinance of the City Council of the City of Newport Beach, California, Granting a Non -Exclusive Solid Waste Franchise to Provide Solid Waste Handling Services within the City of Newport Beach, and pass to second reading on April 10, 2018. 10. Public Hearing for 2015 Amended Urban Water Management Plan a) Conduct a public hearing; b) Determine that this action is not subject to 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, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and c) Direct staff to include any comments from the City Council or the public, and return the item to the April 10, 2018 City Council meeting for adoption. XIX. CURRENT BUSINESS 11. General Plan and Housing Element Annual Status Report (PA2007-195) a) Find the preparation, review and submission of the 2017 General Plan Status Report not subject to the California Environmental Quality Act (CEQA) as the actions are not a project as defined by Section 15378(b)(2) of the Public Resources Code; and b) Authorize the submittal of the 2017 General Plan Status Report to the California Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD). 12. AB 2464 (Harper), Professional Services Agreement with Schmitz and Associates, Budget Amendment 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 to send a letter to Assembly Member Matthew Harper in support of AB 2464 or a similar Harper bill; c) Authorize the City Manager to execute a Professional Services Agreement with Schmitz and Associates, including work with Henschel Government Affairs, with a not -to -exceed amount of $120,000; City Council Meeting March 27, 2018 Page 5 d) Identify Council Member Dixon and Council Member Peotter as the contacts to work with staff and Mr. Schmitz and Mr. Henschel on this issue as it progresses forward; and e) Approve Budget Amendment 18BA-032 in the amount of $120,000 from the General Plan Update CIP, 01201928-980000-18M12, to the City Council Professional Services budget, 01005005-811008. XX. 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. XXI. 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