HomeMy WebLinkAbout0 - AgendaAMENDED AGENDA — CLOSED SESSION ITEM B.
CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
NOVEMBER 13, 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
GRACE K. LEUNG, City Manager
AARON C. HARP, City Attorney
LEILANI I. 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(a�newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
NOVEMBER 13, 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.
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SS1. Clarification of Items on the Consent Calendar
SS2. Recognition from Yellow Ribbon America for the City's Continued Support of
Operation Christmas for Our Troops and Their Families
SS3. Sidewalk Vendor Ordinance
In September 2018, Governor Brown signed Senate Bill 946, which prohibits local authorities
from regulating sidewalk vendors except in accordance with the provision of the bill. The bill
goes into effect on January 1, 2019. Staff seeks City Council direction on a draft ordinance
establishing a program to permit and regulate sidewalk vendors in compliance with SB 946.
Due to the upcoming effective date of SB946, the ordinance is on the evening's agenda so
that, if the City Council chooses, it may be considered for introduction.
SS4. Accessory Dwelling Units
Recent changes to State law adopted in 2016 and 2017 reduce barriers to the development
of Accessory Dwelling Units (ADUs), which were found to be an affordable -by -design type of
in -fill housing. In 2017, the City adopted regulations to conform with State law to allow ADUs
in single-family zones. The State amended the law to clarify that ADUs must be allowed in
any residential zone where single family homes are allowed. This agenda item seeks further
City Council and community input on the pending amendment to modify the City's current
regulations to conform to the most recent State changes effective in 2018.
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: Grace K. Leung, 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); and Part Time Employees Association of Newport Beach (PTEANB).
City Council Meeting
November 13, 2018
Page 2
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9 (d)(2)(e)(3)): 1 matter
On January 22, 2018, California River Watch sent the City of Newport Beach a Notice of Intent
to File Suit Under the Federal Water Pollution Control Act (Clean Water Act, 33 U.S.C. § 1251
et seq.). A copy of the Notice is available for public inspection at the City Clerk's office, located
at 100 Civic Center Drive, Newport Beach, California 92660.
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
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 October 23, 2018 City Council Meeting
Waive reading of subject minutes, approve as written, and order filed.
City Council Meeting
November 13, 2018
Page 3
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 and Adoption of Ordinance No. 2018-16, Amending Title 21, Local
Coastal Program Implementation Plan
a) Find the action statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15265(a)(1) of the California Code of Regulations,
Title 14, and Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local
governments from the requirements of preparing an environmental impact report or
otherwise complying with CEQA in connection with the adoption of a Local Coastal Program;
and
b) Conduct second reading and adopt Ordinance No. 2018-16, An Ordinance of the City Council
of the City of Newport Beach, California, Amending Title 21 of the Newport Beach Municipal
Code to Approve Local Coastal Program Amendment No. LC2017-002, as Modified by the
California Coastal Commission (PA2017-047).
RESOLUTIONS FOR ADOPTION
4. Resolutions Approving Submittal of Grant Funding Applications Under Orange County
Transportation Authority (OCTA) Comprehensive Transportation Funding Program
(CTFP)
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) Adopt Resolution No. 2018-76, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Submittal of a Funding Application for an Arterial Capacity
Enhancement Project to the Orange County Transportation Authority for Funding Under the
Comprehensive Transportation Funding Program, for the Old Newport Boulevard and West
Coast Highway Improvement Project; and
c) Adopt Resolution No. 2018-77, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Submittal of a Funding Application for an Intersection Capacity
Enhancement Project to the Orange County Transportation Authority for Funding Under the
Comprehensive Transportation Funding Program, for the West Coast Highway and Superior
Avenue/Balboa Boulevard Intersection Improvement Project.
5. Approval of Measure M2 Expenditure Report
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. 2018-78, A Resolution of the City Council of the City of Newport Beach,
California, Concerning the Measure M2 Expenditure Report for the City of Newport Beach
for the Fiscal Year Ending June 30, 2018.
CONTRACTS AND AGREEMENTS
6. Approval of Cooperative Agreement No. C-8-1898 with the Orange County Transportation
Authority for the Bicycle and Pedestrian Bridge across Superior Avenue (15T09)
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 Cooperative Agreement No. C-8-1898 between OCTA and the City of Newport
Beach for the Bicycle and Pedestrian Bridge across Superior Avenue.
City Council Meeting
November 13, 2018
Page 4
7. Median Landscape Turf Replacement — Jamboree Road from Ford Road to University
Drive — Award of Contract No. 8151-2 (161-02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) (reconstruction of existing facility 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 drawings and specifications;
c) Recognize Conserve LandCare as the lowest responsive bidder based on the base bid plus
all additive bid items and award Contract No. 8151-2 to Conserve LandCare for the base bid
price of $381,147.05 plus additive bid items 27, 28, 29 to add artificial rocks for $45,760.00,
and additive bid items 31, 32, 33, 34, and 35 to upsize plant material for $74,182.56, for a
total contract price of $501,089.61, and authorize the Mayor and City Clerk to execute the
contract;
d) Establish a $50,000.00 (approximately 10 percent) contingency to cover the cost of
unforeseen work not included in the original contract; and
e) Approve Budget Amendment No. 19BA-015 recognizing $128,142.00 in new rebate revenue
from the Municipal Water District of Orange County (Revenue Account No. 13801-431430)
and appropriating $225,000.00 (new and existing rebates) to Account No. 13801-980000-
161-02 for Median Landscape Turf Replacement.
8. Street Pavement Repair Project — Award of Contract No. 7442-1 (19R03)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) Class 2, (reconstruction of existing facility involving negligible or no
expansion of capacity) of the CEQA Guidelines, because this project has no potential to have
a significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 7442-1 to EBS General Engineering, Inc. for the total bid amount of
$422,630.00, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $42,000.00 (approximately 10%) to cover the cost of unforeseen
work not included in the bid price.
9. Balboa Village Streetscape Improvements — Award of Contract No. 7489-1 (17R11)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) (reconstruction of existing facility 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 drawings and specifications;
c) Award Contract No. 7489-1 to Optima RPM for the total bid price of $672,880.72, and
authorize the Mayor and City Clerk to execute the contract;
d) Approve Budget Amendment No. 19BA-016 appropriating $181,000.00 from the
unappropriated Balboa Village Parking Management fund balance to Account No. 53501-
980000-17R11 and $230,000.00 from the unappropriated Measure M Fair Share fund
balance to Account No.12201-980000-17R11 for the Balboa Village Streetscape
Improvements project; and
e) Establish $33,000.00 (approximately 5 percent) contingency amount to cover the cost of
unforeseen work not included in the original contract.
MISCELLANEOUS
10. Planning Commission Agenda for the November 8, 2018 Meeting
Receive and file.
11. Accept the 2017 Emergency Management Performance Grant
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
November 13, 2018
Page 5
b) Accept the grant funding in the amount of $12,271 to be used in support of the City's
emergency management program; and
c) Approve Budget Amendment No. 19BA-017 to accept grant funds from the Federal
Emergency Management Agency (FEMA) through the County of Orange, and increase
expenditures appropriations by $12,271 in account 0103511-821005.
12. Confirmation of Nominations to Fill the Vacancy on the Planning Commission
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) Confirm the nominations of Chris Chewens, Curtis Ellmore, Sarah Klaustermeier and Debbie
Stevens to fill the vacancy on the Planning Commission for a term which expires on June 30,
2020.
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
13. An Ordinance Creating a Sidewalk Vending Program in Compliance with California Senate
Bill 946
a) Find 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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2018-19, An Ordinance of the City Council of the City of Newport Beach, California,
Creating a Program to Regulate and Permit Sidewalk Vending Pursuant to California Senate
Bill 946, and pass to second reading on November 27, 2018.
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
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