HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
JULY 24, 2018
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION - 4:00 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, 2"d 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(a)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
J U LY 24, 2018
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION FOLLOWS STUDY SESSION
REGULAR MEETING - 7:00 P.M.
ROLL CALL - 4:00 p.m.
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Update on Crime Statistics (January 2018 to June 2018)
Newport Beach Police Chief Jon Lewis will update the City Council and community on crime
trends since the start of the calendar year.
SS3. Newport Beach and Company/Visit Newport Beach Annual Report/Presentation
III. PUBLIC COMMENTS
The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of
the card is not required in order to address the City Council. If the optional sign -in card has been
completed, it should be placed in the box provided at the podium.
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are invited on items listed on the agenda and non -agenda items. Speakers must limit
comments to three (3) minutes per person to allow everyone to speak. Written comments are
encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda
or non -agenda items.
IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City
Manager, Barbara Salvini, Human Resources Director, and Peter Brown; Labor Negotiators.
Employee Organizations: Newport Beach Lifeguard Management Association (NBLMA);
Newport Beach City Employees Association (NBCEA); Newport Beach Firefighters Association
(NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Police
Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach
Professional and Technical Employees Association (NBPTEA); Newport Beach Employees
League (NBEL); Part Time Employees Association of Newport Beach (PTEANB); and
Association of Newport Beach Ocean Lifeguards (ANBOL).
B. 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.
C. CONFERENCE WITH LABOR NEGOTIATOR
(Government Code § 54957.6(a)): 1 matter
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July 24, 2018
Page 2
Agency Designated Representative: Marshall "Duffy" Duffield, Mayor
Unrepresented Employee: City Manager
D. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
Patrick Murphy McCann, et al. v. City of Newport Beach, et al.
Orange County Superior Court, Central Justice Center
Case No. 30-2017-00925782-CU-PO-CJC
E. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 1 matter
F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code § 54957(b)(1)): 2 matters
Title: Leilani I. Brown, City Clerk
Title: Aaron C. Harp, City Attorney
G. CONFERENCE WITH LABOR NEGOTIATOR
(Government Code § 54957.6(a)): 2 matters
Agency Designated Representative: Marshall "Duffy" Duffield, Mayor
Unrepresented Employees: Leilani I. Brown, City Clerk and Aaron C. Harp, City Attorney
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)
City Council Meeting
July 24, 2018
Page 3
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 - 12). 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 July 10, 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.
CONTRACTS AND AGREEMENTS
3. Arterial Highway Pavement Repair Program — Notice of Completion Contract No. 7185-1
(18R03)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On November 28, 2017, City Council found this action 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) 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.
4. Balboa Peninsula Pedestrian Crossing Improvement Project — Notice of Completion for
Contract No. 7288-1 (18T03)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On March 27, 2018, the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Class 1 Section 15301(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.
5. Balboa Island Sea Wall Coping Project — Notice of Completion for Contract No. 7066-1
(15H11)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On September 26, 2017, City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing
Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on
the environment;
b) Authorize City Clerk to release the Labor and Materials Bond 65 days after Notice of
Completion is recorded in accordance with applicable portions of the Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
City Council Meeting
July 24, 2018
Page 4
6. Newport Heights Alley Replacement — Notice of Completion for Contract No. 7028-3
(15R18)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On June 13, 2017, City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (c) (maintenance of
existing public facilities involving negligible or no expansion of use);
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. Marguerite Avenue and Hospital Road Pavement Rehabilitation — Award of Contract
No. 7188-1 (18R24)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Class 2 Section 15302 (c) (reconstruction of existing public facilities involving negligible or
no expansion of capacity) 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. 7188-1 to Excel Paving Company for the bid amount of $887,788.00 for
the Marguerite Avenue and Hospital Road Pavement Rehabilitation project, and authorize
the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $90,000.00 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract; and
e) Approve Budget Amendment No. 19BA-003 appropriating $120,000.00 from the
unappropriated Gas Tax fund balance to Account No. 12101-980000-18R24 for the
Marguerite Avenue and Hospital Road Pavement Rehabilitation project.
8. Tentative Agreement with Newport Beach Fire Management Association (NBFMA)
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) Receive and consider the Tentative Agreement between the City of Newport Beach and the
Newport Beach Fire Management Association.
MISCELLANEOUS
9. Planning Commission Agenda for July 19, 2018
Receive and file.
10. Fiscal Year 2017-2018 Report on City Council Discretionary Grants
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) Receive and file.
11. Appointment 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 Council Member Kevin Muldoon's appointment of Patricia Eckert to serve on the
Finance Committee for a term ending June 30, 2019.
12. Newport Beach & Company's Biennial Destination Business Plan, the Visit Newport
Beach Fiscal Year 2018-2019 and Fiscal Year 2019-2020 Budgets and the Newport Beach
Tourism Business Improvement District Fiscal Year 2018-2019 Annual Report and Budget
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;
City Council Meeting
July 24, 2018
Page 5
b) Authorize a waiver of the timeline provided in Section 3.5 of the Tourism Business
Improvement District Management Agreement;
c) Receive and file VNB's Biennial Destination Business Plan;
d) Review, approve and/or modify VNB's Fiscal Year 2018-2019 and Fiscal Year 2019-2020
budget;
e) Review, approve and/or modify the NBTBID's Fiscal Year 2018-2019 Annual Report; and
f) Review, approve and/or modify the NBTBID's Fiscal Year 2018-2019 budget.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED
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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 HEARING
13. Approval of the Fee Study Update
a) Conduct a public hearing to receive comments on the Fee Study Update;
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;
c) Adopt Resolution No. 2018-55, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Update to Fees and Charges; and
d) Introduce Ordinance No. 2018-13, An Ordinance of the City Council of the City of Newport
Beach, California, Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030
Related to Cost Recovery, and pass to second reading on August 14, 2018.
XIX. CURRENT BUSINESS
14. First Amended and Restated Employment Agreement with Police Chief Lewis
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. 2018-56, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the City Manager to Execute the First Amended and Restated
Employment Agreement Between the City of Newport Beach and Jon Lewis for Services of
Police Chief.
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