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HomeMy WebLinkAbout0 - Agenda/c' CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING NOVEMBER 27, 2018 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION - 6:00 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 27, 2018 STUDY SESSION - 6:00 P.M. (PUBLIC WELCOME) CLOSED SESSION FOLLOWS STUDY SESSION REGULAR MEETING - 7:00 P.M. ROLL CALL - 6:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Proclamation for Save Our Youth's 25th Anniversary SS3. Proclamation to the William B Tug Boat SS4. Check Presentation by the Friends of the Newport Beach Library SS5. Summer Trolley Program Review During the Summer of 2018, between the Memorial Day to Labor Day weekends, the City provided free trolley shuttle service on the Balboa Peninsula. Staff will present a brief update of the second year of the Balboa Peninsula Trolley operations including a review of the program and potential recommendations for continued operation in upcoming years. 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). V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL City Council Meeting November 27, 2018 Page 2 VIII. CLOSED SESSION REPORT E� I � V10107_A I M ki I 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 XVIII. PUBLIC HEARING (Pursuant to City Council Policy A-1, Item No. 20 will betaken out of order) 20. Proposed Assessment District No. 113 — West Balboa Island, North Bayfront, South Bayfront and Agate Avenue a) Open public hearing on the formation of Assessment District No. 113; b) Hear public testimony from those who desire to speak; c) Close the public hearing; d) Count ballots; e) If there is greater than or equal to 50% of weighted "Yes" votes versus "No" votes submitted, a majority protest by ballot procedure does not exist and the District may be formed. If it is desired to form the District, take the following actions: i. Adopt Resolution No. 2018-81, A Resolution of the City Council of the City of Newport Beach, California, Making Determinations, Confirming Assessments and Proceedings, and Designating the Superintendent of Streets to Collect and Receive Assessments and to Establish a Special Fund for City of Newport Beach Assessment District No. 113; and ii. Approve Budget Amendment No.19BA-024 authorizing an advance from the General Fund in the amount of $485,000 to be repaid from Bond Proceeds and cash contributions from Assessment District No. 113 and appropriating $350,000 to Account No. 66302- 941027 for electrical utility design by SCE, $25,000 to Account No. 66302-941005 for phone system design by AT&T, $45,000 to Account No. 66302-941006 for assessment engineering services, $50,000 to Account No. 66302-941008 for City Administration, and $15,000 to Account No. 66302-941012 for Bond Counsel. Funds remaining in any fiscal year will be carried forward to future annual budgets per Council Policy F-3. OR f) If desired not to form the District, adopt Resolution No. 2018-81, A Resolution of the City Council of the City of Newport Beach, California, Declaring Abandonment of Proceedings for City of Newport Beach Assessment District No. 113. 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. City Council Meeting November 27, 2018 Page 3 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 November 13, 2018 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. ORDINANCES FOR INTRODUCTION 3. Ordinance No. 2018-17 — Amending Titles 1 and 17 Related to the Harbor 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; and b) Introduce Ordinance No. 2018-17, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Titles 1 and 17 Related to the Harbor Department, and pass to second reading on December 11, 2018. 4. Ordinance No. 2018-18 — Amending the Newport Municipal Code Title 17, Pertaining to Vessel Speed Limits 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) Introduce Ordinance No. 2018-18, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Newport Beach Municipal Code Title 17, Pertaining to Vessel Speed Limits, and pass on to second reading on December 11, 2018. ORDINANCES FOR ADOPTION 5. Second Reading and Adoption of Ordinance No. 2018-14 — Updating Regulations Regarding Accessory Dwelling Units (ADUs) (PA2018-099) a) Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA; and b) Conduct second reading and adopt Ordinance No. 2018-14, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2018- 003 to Implement Revisions to State Law Relating to Accessory Dwelling Units (PA2018- 099). 6. Second Reading and Adoption of Ordinance No. 2018-19 —Creating a Program to Regulate and Permit Sidewalk Vending Pursuant to 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) Conduct second reading and adopt 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. City Council Meeting November 27, 2018 Page 4 RESOLUTIONS FOR ADOPTION 7. City Council L-6 Policy Update — Encroachments in Public Rights -of -Way 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 City Council Policy L-6; and c) Adopt Resolution No. 2018-79, A Resolution of the City Council of the City of Newport Beach, California, Adopting Revised City Council Policy L-6 Regarding Encroachments in the Public Rights -of -Way. 8. Resolution Amending the Term of the Balboa Village Advisory Committee (BVAC) 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. 2018-80, A Resolution of the City Council of the City of Newport Beach, California, Amending the Term of the Balboa Village Advisory Committee. CONTRACTS AND AGREEMENTS 9. Irvine Avenue Pavement Rehabilitation — Notice of Completion for Contract No. 8515-2 (17R21) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On June 26, 2018, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to 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 the Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. 10. Marguerite Avenue and Hospital Road Pavement Rehabilitation — Notice of Completion for Contract No. 7188-1 (18R24) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On July 24, 2018, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to 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 the Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. 11. Restroom Buildings Maintenance Project — Award of Contract No. 7509-1 (18F02) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) (Interior or exterior alterations) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Chapter 19. Categorical Exemptions, because the work has no potential to have a significant effect on the environment; b) Approve the project contract documents; c) Award Contract No. 7509-1 to TL Veterans Construction, Inc. for the total bid price of $164,500.00, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a $33,000.00 (approximately twenty percent) contingency amount for this project to cover the cost of unforeseen work not included in the original contract. 12. Concrete Replacement Program — Award of Contract No. 7434-1 (191106) 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; City Council Meeting November 27, 2018 Page 5 b) Approve the project specifications; c) Award Contract No. 7434-1 to Golden Phoenix Construction Co., Inc. for the total bid amount of $762,083.29, and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $76,000.00 (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-021 transferring $150,000.00 from the Jasmine Creek Maintenance Road Reconstruction project (Account No. 01201929-980000-19P13) to Account No. 01201927-980000-19R06 for FY 2019 Concrete Replacement Program. 13. Balboa Island Water Main Replacement Phase II — Award of Contract No. 7173-2 (19W11) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15302 (c) (replacement 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. 7173-2 to T.E. Roberts for the bid amount of $2,222,300.00 for the Balboa Island Water Main Replacement Phase II project, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $220,000.00 (approximately 10% of Total Bid) to cover the cost of unforeseen work not included in the original contract. 14. Ownership Transfer of Jamboree Road Sewer Line from Orange County Sanitation District to City of Newport Beach a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 - Existing Facilities, of the CEQA Guidelines (that allows for operation, repair and maintenance of existing public structures) because this project has no potential to have a significant effect on the environment; b) Approve the Quitclaim Sewer Transfer Agreement between Orange County Sanitation District and the City of Newport Beach; and c) Approve Budget Amendment No. 19BA-020 increasing revenue estimates in the Wastewater fund by $300,000.00 from Orange County Sanitation District (Account No. 71 1 01-431 075- 19503) and increasing expenditure appropriations by $300,000 (Account No. 71101-980000- 19503) to cover costs for inspection, maintenance, repair, or rehabilitation of the subject sewer. 15. Approval and Award of Agreement for Landscape Maintenance of Civic Center Grounds and Park with Park West Landscape, Inc. 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 Agreement with Park West Landscape, Inc. for landscape maintenance of Civic Center and Main Library Grounds, Civic Center Park and Dog Park for a five-year term with a total not -to -exceed amount of $1,243,125, and authorize the Mayor and City Clerk to execute the agreement; and c) Approve Budget Amendment No. 19BA-025 appropriating $20,000.00 from General Fund unappropriated fund balance to Account No. 0109031-811026 in the Public Works Department operating budget for Parks - Civic Center. 16. Professional Services Agreement with Environmental Science Associates for Environmental Services for a Proposed 275 -Room Hotel Project Located at the Newport Dunes Resort (PA2016-175) 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 Professional Services Agreement with ESA, and authorize the Mayor and City Clerk to execute the agreement. City Council Meeting November 27, 2018 Page 6 MISCELLANEOUS 17. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library and Appropriate Funds to the Library's Fiscal Year 2018/19 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-019 to increase revenue estimates by $116,377.61 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). 18. Budget Amendment for OASIS Fitness Center Equipment Improvements 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 Budget Amendment No. 19BA-018 to appropriate $19,936.64 in increased revenue estimates and expenditure appropriations for the purchase and installation of fitness equipment for the OASIS Fitness Center. 19. Community Programs Grants for Fiscal Year 2018/19 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) Pursuant to City Council Policy A-12, find that the organizations listed below provide services or programs that serve residents and are beneficial to residents' quality of life and authorize the allocation of $40,000 in Community Programs Grants in the following manner: Our Lady Queen of Angels Church - Helping Hands $ 8,500 Serving People in Need, Inc. (SPIN) 5,000 Share Our Selves Corporation 5,000 Someone Cares Soup Kitchen 5,000 Boys and Girls Clubs of Central Orange Coast 3,000 Newport -Mesa Family YMCA 3,000 Newport Beach Sister City Association 2,000 Back Bay Therapeutic Riding Club 2,000 Youth Employment Services (YES) 1,500 Amazing Grace Ministries 1,000 Advocates for Grandparent -Grandchild Connection 1,000 Council on Aging 1,000 Speak Up Newport 1,000 Girl Scouts of Orange County 11000 TOTAL $ 40,000 c) Allocate $25,000 for the Balboa Island Historical Society and $10,000 for the Newport Beach Historical Society. 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. City Council Meeting November 27, 2018 Page 7 XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES M, K: 411100 =1ki119 11141Z1*11.1 21. Bayside Drive and Jamboree Road/Marine Avenue Improvements — Award of Contract No. 7224-1 (16R12) a) Find this project exempt from 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 because it will not result in a physical change to the environment, directly or indirectly; b) Approve the project drawings and specifications; c) Award Contract No. 7224-1 to GMC Engineering, Inc. for the base bid price of $2,905,750.00 and Additive Bid Item No. 1 for $7,250 for a total contract cost $2,913,000.00, and authorize the Mayor and City Clerk to execute the contract; d) Approve Budget Amendment No. 19BA-022 transferring $480,750.00 from Account No. 12101-980000-18R21 (Concrete Street Pavement Rehabilitation) to Account No. 12101- 980000-16R12 (Bayside Drive Rehabilitation); recognize $33,000.00 in new revenue from Orange County Sanitation District (13501-431075-16R12) and appropriate $33,000.00 in expenditures to Account No. 13501-980000-16R12; and e) Establish $300,000.00 (approximately 10 percent) contingency amount to cover the cost of unforeseen work not included in the original contract. 22. Approval of Professional Services Agreement with Anchor QEA, LLC for Planning/ Engineering Design and Support for Lower Newport Harbor Federal Channel Maintenance Dredging Program 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 a Professional Services Agreement with Anchor QEA, LLC for pre -project Planning/Engineering Design and Support for the Federal Lower Newport Harbor Channel Maintenance Dredging Project at a not -to -exceed fee of $777,000.00, and authorize the Mayor and City Clerk to execute the Agreement; and c) Approve Budget Amendment No. 19BA-023 transferring $300,000 from Account 10101- 980000-19H13 (Harbor Port Plan) to Account No. 10101-980000-18H07 and appropriating $377,000 from the unappropriated Tidelands Capital Fund, working capital to Account No. 10101-980000-18H07 for Harbor Wide Dredging/Planning. 23. Appointment of New Planning Commissioner to Fill the Unscheduled Vacancy 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) Appoint Chris Chewens, Curtis Elmore, Sarah Klaustermeier or Debbie Stevens to fill the vacancy on the Planning Commission for a term which expires on June 30, 2020. 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