HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
i�l�]E� ��[�]�IA0U7:7x�3�1A_1:71Ptl���l�Lc
JUNE 26, 2018
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
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 nevwortbeachca.aov/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 citvclerk(o).nevwortbeachca.aovl.
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
JUNE 26, 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. Discussion Relating to Amending the City Charter Regarding Majority Voter Approval
of Certain Debt
a) Discuss a proposed City Charter amendment relating to voter -approval of certain types
of lease -revenue bond or COP debt; and
b) If Council desires to place an item on the November 2018 ballot, Council should "straw
vote" the dollar amount threshold as well as any other text in the proposed measure
during Study Session to allow staff a brief period to make necessary edits to the
June 26, 2018 Regular Session's companion item.
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 Fire Management Association (NBFMA); Newport Beach Police
Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach
Professional and Technical Employee Association (NBPTEA); and Newport Beach Employees
League (NBEL).
B. CONFERENCE WITH LEGAL COUNSEL 3687
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4): 1 matter
C. CONFERENCE WITH LEGAL COUNSEL 3688
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2) and § 54956.9(e)(1)): 1 matter
City Council Meeting
June 26, 2018
Page 2
D. PUBLIC EMPLOYEE APPOINTMENT
(Government Code § 54957 (b)(1)): 1 matter
Title: City Manager. The City Council will consider all matters authorized by Government Code
Section 54957 (b)(1) related to the appointment of a new City Manager; however, the City Council
will not be appointing a new City Manager at this meeting.
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION
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. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1 — 17). Public comments are also invited on Consent Calendaritems. Speakers
must limit comments to three (3) minutes. Before speaking, please state yourname 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 June 12, 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.
City Council Meeting
June 26, 2018
Page 3
ORDINANCES FOR INTRODUCTION
3. Creation of a Harbor Department
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) Introduce Ordinance No. 2018-10, An Ordinance of the City Council of the City of Newport
Beach, California, Creating a Harbor Department and Folding the HarborResources Division
into the Engineering Services Division of the Public Works Department, and pass to second
reading on July 10, 2018;
c) Introduce Ordinance No. 2018-11, An Ordinance of the City Council of the City of Newport
Beach, California, Amending the Title and Introductory Table of Chapter 2.12, Section
2.12.010 and Adding Section 2.12.120 to Title 2 of the Newport Beach Municipal Code,
Pertaining to the Harbor Department, and pass to second reading on July 10, 2018; and
d) Adopt Resolution No. 2018-40, A Resolution of the CityCouncil of the City of Newport Beach,
California, Creating Positions and Amending and Establishing Position Classifications and
Salary Ranges for the Harbor Department.
RESOLUTIONS FOR ADOPTION
4. Proposed Creation of a Civilian Fire Marshal Position
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 2018-41, A Resolution of the City Council of the City of Newport Beach,
California, Creating a Civilian Fire Marshal Position and Establishing the Position
Classification and Salary Range.
5. Resolution No. 2018-42: Adopting a Memorandum of Understanding with the Newport
Beach Police Association (NBPA) and Associated Salary Schedule
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. 2018-42, A Resolution of the City Council of the CityofNewportBeach,
California, Adopting a Memorandum of Understanding Between the City of Newport Beach
and the Newport Beach Police Association and Associated Salary Schedule.
6. Update of Council Policy F-14 (Authority to Contract)
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. 2018-43, A Resolution of the City Council of the City of Newport Beach,
California, Amending City Council Policy F-14, Authority to Contract.
Formation of Community Facilities District for Uptown Newport
a) Determine this 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. 2018-44, A Resolution of the CityCouncil of the City of Newport Beach,
California: (1) Authorizing the California Statewide Communities Development Authority
(`Authority') to Form a Community Facilities District within the Territorial Limits of the City of
Newport Beach to Finance Certain Public Improvements; (2) Embodying a Joint Community
Facilities Agreement Setting Forth the Terms and Conditions of the Community Facilities
District Financing; (3) Approving an Acquisition Agreementamong the Authority, the Cityand
the Developer, and (4) Authorizing Staff to Cooperate with the Authority and its Consultants
in Connection Therewith.
City Council Meeting
June 26, 2018
Page 3
ORDINANCES FOR INTRODUCTION
3. Creation of a Harbor Department
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) Introduce Ordinance No. 2018-10, An Ordinance of the City Council of the City of Newport
Beach, California, Creating a Harbor Department and Eliminating the Harbor Resources
Division into the Engineering Services Division of the Public Works Department, and pass to
second reading on July 10, 2018;
c) Introduce Ordinance No. 2018-11, An Ordinance of the City Council of the City of Newport
Beach, California, Amending the Title and Introductory Table of Chapter 2.12, Section
2.12.010 and Adding Section 2.12.120 to Title 2 of the Newport Beach Municipal Code,
Pertaining to the Harbor Department, and pass to second reading on July 10, 2018; and
d) Adopt Resolution No. 2018-40, A Resolution of the CityCouncil of the City of Newport Beach,
California, Creating Positions and Amending and Establishing Position Classifications and
Salary Ranges for the Harbor Department.
RESOLUTIONS FOR ADOPTION
4. Proposed Creation of a Civilian Fire Marshal Position
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 2018-41, A Resolution of the City Council of the City of Newport Beach,
California, Creating a Civilian Fire Marshal Position and Establishing the Position
Classification and Salary Range.
5. Resolution No. 2018-42: Adopting a Memorandum of Understanding with the Newport
Beach Police Association (NBPA) and Associated Salary Schedule
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. 2018-42, A Resolution of the City Council of the CityofNewportBeach,
California, Adopting a Memorandum of Understanding Between the City of Newport Beach
and the Newport Beach Police Association and Associated Salary Schedule.
6. Update of Council Policy F-14 (Authority to Contract)
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. 2018-43, A Resolution of the City Council of the City of Newport Beach,
California, Amending City Council Policy F-14, Authority to Contract.
Formation of Community Facilities District for Uptown Newport
a) Determine this 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. 2018-44, A Resolution of the CityCouncil of the City of Newport Beach,
California: (1) Authorizing the California Statewide Communities Development Authority
(`Authority') to Form a Community Facilities District within the Territorial Limits of the City of
Newport Beach to Finance Certain Public Improvements; (2) Embodying a Joint Community
Facilities Agreement Setting Forth the Terms and Conditions of the Community Facilities
District Financing; (3) Approving an Acquisition Agreementamong the Authority, the Cityand
the Developer, and (4) Authorizing Staff to Cooperate with the Authority and its Consultants
in Connection Therewith.
City Council Meeting
June 26, 2018
Page 4
CONTRACTS AND AGREEMENTS
8. Corporation Yards Painting Project— Notice of Completion for Contract No. 7153-1 (18F02)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On October 24, 2017, City Council found this project exempt from the California
Environmental Quality Act (CEQA);
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.
9. Citywide ADA Curb Access Ramp Improvements — Notice of Completion for Contract
No. 7154-1 (18R11)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On November 14, 2017, the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Class 2 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 Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
10. Irvine Avenue Pavement Rehabilitation —Award of Contract No. C8515-2 (17R21)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301, Class 1, (b), (c) (maintenance of existing public facilities involving negligible
or no expansion of use) of the CEQA Guidelines, because this has no potential to have a
significant effect on the environment;
b) Approve the Cooperative Agreement between City of Newport Beach and City of Costa Mesa
for Irvine Avenue Pavement Rehabilitation;
c) Approve the project drawings and specifications;
d) Award Contract No. 8515-2 to R.J. Noble Company, Inc. for the total bid price of
$2,459,825.00, and authorize Mayor and City Clerk to execute the contract;
e) Establish and encumber a $246,000.00 (approximately 10 percent) contingency amount to
cover the cost of unforeseen work not included in the original contract; and
f) Approve Budget Amendment No. 18BA-039 appropriating $34,000 from the Water Enterprise
fund to Account No. 70101-980000-18R09; recognizing $1,187,016.00 from the City of Costa
Mesa and appropriating $1,187,016.00 to Account No. 13501-980000-17R21 for Irvine
Avenue Pavement Rehabilitation project with unencumbered funds carried over to FY 2018-
19 Capital Improvement Program Budget.
11. Water Quality Educational Outreach Program — Approval of Professional Services
Agreement with Orange County Department of Education
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, via single source selection, a five (5) year Professional Services
Agreement (PSA) with Orange County Department of Education, a public agency by and
through the Orange County Superintendent of Schools, to provide educational outreach
services, for a not -to -exceed amount of $225,000.00, and authorize the Mayor and City Clerk
to execute the agreement.
12. Cooperative Agreement to Implement Total Maximum Daily Load Programs for Nutrients,
Fecal Coliform Bacteria and Toxics in the Newport Bay Watershed
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
City Council Meeting
June 26, 2018
Page 5
b) Authorize the Mayor and the City Clerk to execute Cooperative Agreement MA -080-
18011416 with the County of Orange and other upstream partners to implement these water
quality improvements, studies, monitoring, shared funding, and maintain compliance with the
TMDL mandates.
13. Agreements for As -Needed Building Maintenance and Repair 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) Approve on-call agreements for as -needed maintenance and repair services for a three-year
term with RAMCO General Engineering Contractors for a not -to -exceed amount of $300,000,
John M. Rabun for a not -to -exceed amount of $365,000 and TL Veterans Construction for a
not -to -exceed amount of $300,000, and authorize the Mayor and City Clerk to sign the
agreements.
MISCELLANEOUS
14. Planning Commission Agenda for the June 21, 2018 Meeting
Receive and file.
15. Coastal Development Permit Waiver for De Minimis Development Located at
191 Riverside Avenue (PA2018-083)
a) Determine this action is not a project as defined and 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 is to receive and file only and will not result in a
physical change to the environment, directly or indirectly; and
b) Receive and file.
16. Support for AB 448 — OC Housing Trust
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 send a letter in support of AB 448 (Daly, as amended June 14, 2018)
as shown in the staff report.
17. Confirm Annual Appointments to the Finance Committee
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) Confirm Mayor Duffy Duffield's and individual City Council Members' appointments to the
Finance Committee: (1) City Council Member Kevin Muldoon, who will serve as chair; (2)
City Council Member Scott Peotter; (3) City Council Member Will O'Neill; (4) William Collopy
based upon Mayor Duffield's recommendation; (5) Joe Stapleton based upon City Council
Member Brad Avery's recommendation; and (6) Larry Tucker based upon City Council
Member Jeff Herdman's recommendation. City Council Member Diane Dixon's citizen
member appointment will proceed at a future City Council meeting by separate action. The
appointees will serve a one-year term ending June 30, 2019.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
City Council Meeting
June 26, 2018
Page 6
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.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
XVIII. PUBLIC HEARINGS
18. Resolution Confirming the Levying of Assessments and Appointment of the Advisory
Board of Directors for the Newport Beach Restaurant Association Business Improvement
District's Fiscal Year 2018-2019
a) Hold a public hearing regarding the renewal of the Newport Beach Restaurant Association
Business Improvement District;
b-1) If protests represent less than 50 percent of the total assessment amount, adopt Resolution
No. 2018-45, A Resolution of the City Council of the City of Newport Beach Confirming the
Levying of Assessments for the Fiscal Year of July 1, 2018 to Jun 30, 2019 for the Newport
Beach Restaurant Association Business Improvement District;
or
b-2) If protests represent 50 percent or more of the total assessment amount, abandon the
proceedings to renew the Newport Beach Restaurant Association Business Improvement
District;
c) 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
d) Appoint the following Newport Beach Restaurant Association Business Improvement
District members to serve as the Newport Beach Restaurant Association Business
Improvement District's Advisory Board of Directors for Fiscal Year 2018-2019:
Phil Crowley, Modo Mio
Thaddeus Foret, The Winery Restaurant and Bar
Juan Carlos Godinez, Pizza Nova
Matthew Meddock, Sessions West Coast Deli
Jordan Otterbein, A Restaurant and Market
Kenyon Parr, Five Crowns and Side Door
Eunjoo Pluenneke, Balboa Lily's
Christopher Roman, Fork, Knife + Spoon
Talia Samuels, representing Moulin
Ron Schwartz, Muldoon's Irish Pub
Jim Walker, The Bungalow Restaurant
19. Resolution Confirming the Levying of Assessments and Appointment of the Advisory
Board of Directors for the Corona del Mar Business Improvement District's Fiscal Year
2018-2019
a) Hold a public hearing regarding the renewal of the Corona del Mar Business Improvement
District;
b-1) If a protest represents less than 50 percent of the total assessment amount, adopt
Resolution No. 2018-46, A Resolution of the City Council of the City of Newport Beach
Confirming the Levying of Assessments for the Fiscal Yearof July 1, 2018 to June 30, 2019
for the Corona del Mar Business Improvement District;
or
b-2) If protests represent 50 percent or more of the total assessment amount, abandon the
proceedings to renew the Corona del Mar Business Improvement District;
c) 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
June 26, 2018
Page 7
d) Appoint the following Corona del Mar Business Improvement District members to serve as
the Corona del Mar Business Improvement District's Advisory Board of Directors for Fiscal
Year 2018-2019:
Ernie Caponera, Newport Properties
Keith Dawson. Dawson & Dawson
Edward Hanley, Hanley Investment Group
Hamid Kianipur, 76 Gas Station
Scott LaFleur, representing Cafe Jardin
Scott Laidlaw, Laidlaw Schultz Architects
Shawn Lim, Rose Bakery Cafe
Jasmin Mortazavi, Mathnasium
Bernie Svalstad, Upland Stor King
XIX. CURRENT BUSINESS
20. Resolution Authorizing the Temporary Closure of Selected Streets for the 4th of July
Holiday Period
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. 2018-52, A Resolution of the City Council of the CityofNewportBeach,
California Authorizing the Closure of Back Bay Drive, the 100 Block of Orange Street from
Pacific Coast Highway Traffic, Via Oporto from Via Lido to 32"' Street, San Joaquin Hills
Road Between Back Bay Drive and the Entrance to Park Newport Apartments, and Via
Malaga Between Via Oporto and Via Lido.
21. Public Meeting on the Proposed Modification of the Newport Beach Tourism Business
Improvement District's Management District Plan
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) Hold a public meeting on the proposed modification of the NBTBID's Management District
Plan.
22. Underground Utility Assessment District No. 117 — Award of Contract No. 7337-1 and
Authorization of Limited Obligation Improvement Bonds
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Class 2 Section 15302 (d) (conversion of overhead electrical utility distribution lines where
the surface is restored to the condition existing prior to the undergrounding) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it will not have an
adverse effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 7337-1 to Asplundh Construction Corp. for the bid amount of
$2,167,875.00 for Underground Utility Assessment District No. 117, and authorize the Mayor
and City Clerk to execute the contract;
d) Establish a contingency of $325,000.00 (approximately 15% of total bid) to cover the cost of
unforeseen work not included in the original contract;
e) Approve Professional Services Agreement with NV5 of Irvine, CA for a not -to -exceed fee of
$293,269.00 for Construction Administration and Residential Permit Support Services; and
f) Adopt Resolution No. 2018-47, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing and Providing for the Issuance of Bonds Pursuant to the Provisions
of the Improvement Bond Act of 1915 for City of Newport Beach Assessment District No. 117
and Approving Certain Documents and Authorizing Certain Actions In Connection Therewith.
City Council Meeting
June 26, 2018
Page 8
23. Calling the November 6, 2018 General Municipal Election — Proposed Charter Amendment
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. 2018-48, A Resolution of the City Council of the CityofNewportBeach,
California, Calling for the Holding of a General Municipal Election to be Held on Tuesday,
November 6, 2018, for the Submission of a Proposed Charter Amendment;
c) Adopt Resolution No. 2018-49, A Resolution of the City Council of the CityofNewportBeach,
California, Requesting the Board of Supervisors of the County of Orange to Consolidate a
General Municipal Election to be Held on Tuesday, November 6, 2018, with the Statewide
Primary Election to be Held on the Same Date Pursuant to California Elections Code Section
10403 for the Purpose of Submitting a Proposed Charter Amendment;
d) Adopt Resolution No. 2018-50, A Resolution of the City Council of the CityofNewportBeach,
California, Setting Priorities for Filing Written Arguments Regarding a City Measure, and
Directing the City Attorney to Prepare an Impartial Analysis;
e) Adopt Resolution No. 2018-51, A Resolution of the City Council of the CityofNewportBeach,
California, Providing for the Filing of Rebuttal Arguments for the City Measure Submitted to
the Voters at the General Municipal Election to be Held on Tuesday, November 6, 2018,
Pursuant to California Elections Code Section 9285; and
f) Designate Council Member(s) to draft a Direct Argument for the ballot measure and any
Rebuttal Argument, if needed.
24. Newport Beach Voter Protection; Rescission of Resolution No. 2018-8 Relating to
Subpoenas
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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2018-
12, An Ordinance of the City of Newport Beach, California, Adding Section 1.26.050 to
Newport Beach Municipal Code Chapter 1.26 to Strengthen and Protect the Integrity of
Elections Within the City of Newport Beach, and pass to second reading on July 10, 2018;
c) Rescind Resolution No. 2018-8, which authorized the issuance of subpoenas related to an
investigation of alleged voter fraud; and
d) Direct City staff to turn over the documents gathered during the City's investigation of alleged
voter fraud to the Orange County District Attorney for use in their on-going investigation.
25. Annual Appointments to Boards and Commissions
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) Make appointments to the Boards and Commissions from the nominees listed below. All
new terms will be effective on July 1, 2018, with an expiration date of June 30, 2022.
Board of Library Trustees [1 vacancy]
Kurt Kost
Ash Kumra
Lisa Winter
City Arts Commission [1 vacancy]
Lili Bender
Judy Chang (incumbent)
Wayan Kaufman
Civil Service Board [1 vacancy]
Sharon Wood (incumbent)
XX.
City Council Meeting
June 26, 2018
Page 9
Harbor Commission [3 vacancies]
Ira Beer (incumbent)
Clark Cashion
Somer Harding
William Kenney (incumbent)
Don Yahn
Parks, Beaches & Recreation Commission [2 vacancies]
Hassan Archer
Diane Daruty
Lynn Gosselin
Meredith Sandland
Planning Commission [1 vacancy]
Curtis Ellmore
Peter Koetting (incumbent)
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