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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
AUGUST 14, 2018
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION - 3:45 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
AUGUST 14, 2018
STUDY SESSION - 3:45 P.M. (PUBLIC WELCOME)
CLOSED SESSION FOLLOWS STUDY SESSION
REGULAR MEETING - 7:00 P.M.
ROLL CALL - 3:45 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Literacy Awareness Day
SS3. Presentation of Check from the Friends of the Library
SS4. Newport Heights Traffic Study
Public Works staff has worked with the community in and around Newport Heights to envision
ways that the neighborhood there could become even more pedestrian and bike -friendly.
This agenda item asks for the City Council's and community's input on proposed measures
to accomplish that.
SS5. Shared Mobility Devices — Bird Scooters, Lime Bikes, and More
With the arrival of shared mobility devices like "Bird" scooters in Newport Beach, staff seeks
direction from the City Council as to how staff should address commercial activities like
electric scooters or shared bikes that predominantly use the public right-of-way (such as
sidewalks) for the pickup and drop-off of the devices. An item on the evening's agenda could,
if the City Council wishes, formalize the direction by the City Council given at this Study
Session.
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 LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 2 matters
Ashley Langley, Jennifer Langley v. County of Orange, et al.
United States District Court, Central District
Case No. 8:16-cv-00538-AB-FFM
Nada Purkarevic v. City of Newport Beach
Orange County Superior Court, Central Justice Center
Case No. 30-2017-00961642-CU-PO-CJC
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August 14, 2018
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B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 1 matter
C. 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).
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. A new City Manager
may be appointed at this meeting. It is not uncommon for an appointment to become effective
at a future date, such as the date set forth in the open session item for the new City Manager's
employment agreement.
E. CONFERENCE WITH LABOR NEGOTIATOR
(Government Code § 54957.6(a)): 1 matter
Agency Designated Representative: Marshall "Duffy" Duffield, Mayor
Unrepresented Employee: City Manager
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION - Pastor Megan Hutchinson, St. Andrews Presbyterian Church
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.
City Council Meeting
August 14, 2018
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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 - 19). 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
Minutes for the July 23, 2018 City Council Special Meeting, July 24, 2018 City Council
Meeting, and July 30, 2018 City Council Special 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. Second Reading of Ordinance No. 2018-13 Amending Exhibit A to Newport Beach
Municipal Code Section 3.36.030 Related to Cost Recovery
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. 2018-13, 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.
RESOLUTIONS FOR ADOPTION
4. Resolution Setting a Second City Council Meeting for August 28, 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) Adopt Resolution No. 2018-57, A Resolution of the City Council of the City of Newport Beach,
California, Setting a Second Regular City Council Meeting for the Month of August.
5. City Council "L" Policies Update 2018 Regarding Public Works/Traffic/Utilities
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) Approve the changes to the City Council "L" Policies recommended by the Planning
Commission; and
c) Adopt Resolution No. 2018-58, A Resolution of the City Council of the City of Newport Beach,
California, Adopting Revised City Council L" Policies Regarding Public Works/Traffic/
Utilities.
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6. Approval of the 2017 Urban Areas Security Initiative Grant Program Transfer Agreement
with the City of Santa Ana
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. 2018-59, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Agreement for Transfer or Purchase of Equipment/Services or for
Reimbursement of Training Costs for Fiscal Year 2017 Urban Areas Security Initiative (UASI)
between the City of Newport Beach and the City of Santa Ana.
7. Adopt Resolution No. 2018-60 Amending the Staffing Structure of One 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) Engineering
Technician position and reallocating one (1) Records Specialist position; and
c) Adopt Resolution No. 2018-60, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Staffing Structure in the Public Works Department.
8. Resolution No. 2018-61: Adopting a Memorandum of Understanding with the 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) Adopt Resolution No. 2018-61, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Memorandum of Understanding Between the City of Newport Beach
and the Newport Beach Fire Management Association and Associated Salary Schedule.
9. Resolution Establishing Off -Street Parking Zone 32, Located at 2807 Newport Boulevard
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. 2018-62, A Resolution of the City Council of the City of Newport Beach,
California, Establishing an Off -Street Paid Parking Zone for the Fire Station Lot at
2807 Newport Boulevard.
CONTRACTS AND AGREEMENTS
10. Park Avenue Bridge Replacement Project — Notice of Completion for Contract No. 6155
(15R20)
a) Approve an additional construction contract change amendment for John S. Meek Company,
Inc. in the amount of $231,788.98 (3.7% of the original contract) to cover the additional
construction costs beyond the original 10 percent contingency;
b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. A Mitigated Negative Declaration (MND) was adopted by the City Council on
November 24, 2014;
c) 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
d) Release Faithful Performance Bond one (1) year after acceptance by the City Council.
11. Newport Beach Sand Replenishment Maintenance — Notice of Completion Contract
No. 8309-1 (171-104)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. The County of Orange processed Addendum IP -15-359 as part of Environmental
Impact Report No. 583 for the necessary environmental clearances and regulatory permitting
for the project;
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August 14, 2018
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b) Authorize City Clerk to release Labor & Materials Bond 65 days after 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.
12. Newport Elementary Playfield Reconstruction — Notice of Completion for Contract
No. 8150-2 (171315)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On February 27, 2018, the project was found to be exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15332;
b) Authorize the City Clerk to release the Labor & 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.
13. Peninsula Park Improvements — Notice of Completion for Contract No. 7226-2 (16P12)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On March 27, 2018, City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15332 (in -fill development projects)
because it has no potential to have a significant effect on the environment;
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.
14. Grand Canal Dredging Project — Phase 2 — Reject All Bids — Contract No. 8171-2 (161-112)
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Class 4 Section 15304(g) (Maintenance dredging where the spoil is deposited in
a spoil area authorized by all applicable state and federal regulatory agencies) of the CEQA
Guidelines because this action will not result in a physical change to the environment, directly
or indirectly;
b) Reject all bids received for Contract No. 8171-2; and
c) Direct staff to review, re -scope and re -advertise at a later time.
15. Approval of On -Call Maintenance/Repair Services Agreements and Amendments for
Various Harbor Maintenance 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;
b) Approve an On -Call Maintenance and Repair Services Agreement with John S. Meek
Company, Inc. for a total not -to -exceed amount of $150,000.00;
c) Approve an On -Call Maintenance and Repair Services Agreement with Newport Dredging
Company, Inc. dba South Mooring Company for a total not -to -exceed amount of
$200,000.00;
d) Approve amendments to On -Call Agreements with both Swift Slip Dock & Pier Builders, Inc.,
and Associated Pacific Constructors, adding $30,000.00 to each contract for total not -to -
exceed amounts of $150,000.00 each; and
e) Authorize the Mayor and City Clerk to execute all agreements and amendments.
16. School Resource Officer Program Agreement
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) Approve the Agreement between the City of Newport Beach and NMUSD to participate in
the School Resource Officer Program ("Agreement'), and authorize the Mayor to execute the
Agreement on behalf of the City.
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17. Donation Agreement with Crystal Cove Conservancy for Cottage Restoration
a) Find 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
b) Authorize the City Manager to execute the proposed Agreement between the City and the
Crystal Cove Conservancy to assist the Conservancy with Phase III cottage restoration
efforts by providing $50,000 to the Conservancy (solely for infrastructure and restoration
purposes) for each of five (5) years.
MISCELLANEOUS
18. Planning Commission Agenda for August 9, 2018
Receive and file.
19. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library
and Appropriate Funds to the Library's Fiscal Year 2018/2019 Maintenance and Operation
Budget
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) Approve Budget Amendment No. 19BA-004 to increase revenue estimates by $175,000 in
Account 0106052-511080 (Friends of the Library Donations) and to increase expenditure
estimates by the same amount in Division 0106052 (Friends of the Library):
Increase expenditure accounts:
0106052-841052 Library Materials $130,000
0106052-841004 Programming $ 45,000
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED
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.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
XVIII. CURRENT BUSINESS
20. Award Contract Janitorial Services for City Facilities
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 and authorize the Mayor and City Clerk to execute the agreement for a three year
period with Universal Building Maintenance, LLC, dba Allied Universal Janitorial Services, in
an amount not to exceed $2,122,018.76.
21. Newport Heights Neighborhood School Traffic Study
a) Determine this action is exempt from thle 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;
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August 14, 2018
Page 7
b) Receive and file the Newport Heights Neighborhood School Traffic Study; and
c) Direct staff to implement and install the recommended improvements outlined in the Newport
Heights Neighborhood School Traffic Study or as directed by City Council.
22. Discussion of Shared Mobility Devices (Electric Scooters, Bicycles and Future
Technologies)
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) Take no action, leaving current regulations in place, which prohibit the use of the public right
of way for commercial business activities, except with a permit. Make a recommendation to
staff that no permits shall be issued for the storage, use, or placement of shared mobility
devices, including electric bicycles or scooters, within the public right of way or on city
property; or
c) Direct staff to prepare a process and/or regulations that would enable the City to issue
permits for shared mobility devices and their use within public right of way and on city
property. Return to the Council at a later date for discussion and adoption of a process
and/or regulations; or
d) Take another action related to shared mobility devices not stated here.
23. Appointment of a New City Manager
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) Appoint Assistant City Manager Carol Jacobs as Acting City Manager from September 1,
2018 to September 3, 2018; and
c) Adopt Resolution No. 2018-63, A Resolution of the City Council of the City of Newport Beach,
California, Appointing a New City Manager Effective September 4, 2018 and Authorizing the
Mayor to Execute the Employment Agreement Between the City of Newport Beach and the
New City Manager.
XIX. 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.
XX. ADJOURNMENT - In memory of Tom Larkin and Greg Brostek
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