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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
MARCH 12, 2019
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION - 5:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION FOLLOWS STUDY SESSION
REGULAR MEETING - 7:00 P.M.
DIANE B. DIXON, Mayor
WILL O'NEILL, Mayor Pro Tem
BRAD AVERY, Council Member
JOY BRENNER, Council Member
DUFFY DUFFIELD, Council Member
JEFF HERDMAN, Council Member
KEVIN MULDOON, 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
MARCH 12, 2019
STUDY SESSION - 5:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION FOLLOWS STUDY SESSION
REGULAR MEETING - 7:00 P.M.
ROLL CALL - 5:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Central Library Lecture Hall Proposal
The Board of Library Trustees will present a detailed proposal for a lecture hall facility on the
Central Library campus. A preferred site, funding and proposed next steps will be discussed
for City Council discussion and input.
SS3. Capital Improvement Program (CIP) Early Look
Staff will present the preliminary new funding proposed for the FY 2019/20 Capital
Improvement Program for City Council review and discussion.
SS4. Flood Zone Map
Staff will seek City Council's comments on proposed changes to the City's development
standards to address the impacts of development in the mapped flood zones.
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)): 1 matter
Nancy Keys -Kuhn v. City of Newport Beach
Orange County Superior Court, Case No. 30-2016-00840241-CU-PO-CJC
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 1 matter
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
City Council Meeting
March 12, 2019
Page 2
VIII. CLOSED SESSION REPORT
IX. INVOCATION - Rabbi David Young, Congregation B'nai Tzedek, Fountain Valley
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 AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consideration of reinstating the City Council committee to address election reform
(Herdman)
• Consideration of forming a subcommittee to bring back recommendations relative to the
City enacting a lobbyist registration ordinance (O'Neill)
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1 - 13). 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.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the February 26, 2019 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
March 12, 2019
Page 3
ORDINANCE FOR ADOPTION
3. Second Reading and Adoption of an Ordinance for a 6 -month Extension of the Hoag
Development Agreement (PA2018-024)
a) Find all significant environmental concerns for the proposed project have been addressed in
a previously certified Final Environmental Impact Report (EIR) and Supplemental EIR, and
that the City of Newport Beach intends to use said document for the above noted project,
and further that there are no additional reasonable alternative or mitigation measures that
should be considered in conjunction with said project; and
b) Conduct second reading and adopt Ordinance No. 2019-6, An Ordinance of the City Council
of the City of Newport Beach, California, Amending a Development Agreement between the
City of Newport Beach and Hoag Memorial Hospital Presbyterian (Development Agreement
Amendment No. DA2018-004).
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2019-21: Adopting a Memorandum of Understanding with the Newport
Beach City Employees Association and Resolution No. 2019-22: Adopting a Memorandum
of Understanding with the Newport Beach Professional and Technical Employees
Association
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. 2019-21, 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 City Employees Association;
c) Adopt Resolution No. 2019-22, 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 Professional and Technical Employees Association; and
d) Approve Budget Amendment No. 19BA-031 appropriating $522,562 to salary and benefit
accounts for the NBCEA and NBTEA unit members from unappropriated General Fund
surplus fund balance for the remainder of Fiscal Year (FY) 2018/19, effective March 16, 2019
through the end of the FY.
5. Resolution No. 2019-23: Supporting Submission of Grant Applications Under the Orange
County Transportation Authority (OCTA) Measure M2 Tier 1 Environmental Cleanup
Program
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. 2019-23, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing and Approving the Submittal of a Grant Proposal(s) for Funding Under
the Orange County Transportation Authority Environmental Cleanup Tier 1 Grant Program.
CONTRACTS AND AGREEMENTS
6. Ford Road and Bonita Canyon Drive Pavement Rehabilitation Project (19R22) — Approval
of Professional Services Agreement with TAIT & Associates, Inc. (C-7588-1)
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 a Professional Services Agreement with TAIT & Associates, Inc. of Santa Ana,
California, for the Ford Road and Bonita Canyon Drive Pavement Rehabilitation project at a
not -to -exceed price of $241,430.00, and authorize the Mayor and City Clerk to execute the
Agreement.
City Council Meeting
March 12, 2019
Page 4
7. Approval of Amendment No. 1 to Professional Services Agreement with PENCO
Engineering, Inc., a Cannon Company, for the Concrete Street Pavement Reconstruction
Project (18R21)
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 Amendment No. 1 in the amount of $65,000 to the Professional Services Agreement
with PENCO Engineering, Inc., a Cannon Company, for additional engineering design
services for a new not -to -exceed total price of $215,700, and authorize the Mayor and City
Clerk to execute the Amendment.
8. Traffic Signal Rehabilitation Project — FY2018/19: Award of Contract No. 7576-1 (19T01)
a) Find 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) Approve the project plans and specifications;
c) Award Contract No. 7576-1 to Elecnor Belco Electric, Inc. for the total bid price of
$826,040.00, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish $82,000 (approximately 10 percent) contingency amount to cover the cost of
unforeseen work not included in the original contract.
9. Amendment No. Two for Citywide Tree Maintenance Services with Great Scott Tree
Service, Inc. (C-5648)
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 Amendment No. Two with Great Scott Tree Service, Inc. for Citywide Tree
Maintenance Services to increase the contract amount by $636,298.81, for a new multi-year
not -to -exceed total of $16,960,000, and change the contract expiration date to June 30, 2024
to align the term with the City's fiscal year, and authorize the Mayor and City Clerk to sign
the amendment.
10. Grand Canal Dredging Project Phase 2 — Update on Contract No. 8171-2 (161-112)
a) Find this project 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) Accept the project update as presented;
c) Authorize staff to proceed with additional maintenance work in the Grand Canal under the
same contract; and
d) Authorize staff to include dredging within the commercial marina at 2241 W. Coast Highway,
as well as other nuisance high spots within the Newport Harbor.
MISCELLANEOUS
11. Planning Commission Agenda for the March 7, 2019 Meeting
Receive and file.
12. Confirmation of Appointments to the General Plan Update Steering Committee
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 Mayor Diane B. Dixon's appointments of James Carlson and Catherine O'Hara to
fill the vacant seats on the General Plan Update Steering Committee.
City Council Meeting
March 12, 2019
Page 5
13. Ongoing Management of Unfunded Pension Liability
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 City Manager and Finance Director to instruct CalPERS actuary to consolidate
unfunded liability amortization bases from fiscal years (FY) 2014 to 2018 into a new "2018
partial fresh -start" base not to exceed a 20 -year repayment term.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
XVII. 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.
XVIII. PUBLIC HEARING
14. 2888 Bayshore Drive (Newport Marina) — Appeal of the Harbor Commission's Approval for
Marina Reconstruction and Reconfiguration (continued from the February 12, 2019 City
Council meeting)
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) Continue the Public Hearing to the March 26, 2019 City Council meeting.
XIX. CURRENT BUSINESS
15. Approval of Professional Services Agreement with Raftelis Financial Consultants, Inc. for
the 2019 Water Rate Study
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 the Professional Services Agreement for the 2019 Water Rate Study with Raftelis
Financial Consultants, Inc. for $153,400; and
c) Authorize the Mayor and City Clerk to execute the Agreement.
16. Introduction of an Ordinance Amending Title 15 of the Newport Beach Municipal Code
Setting Time Limits to Complete Construction
a) Find this action 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, 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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-
8, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title
15 of the Newport Beach Municipal Code to Add Section 15.02.095 Setting Time Limits to
Complete Construction, and pass to second reading on March 26, 2019.
City Council Meeting
March 12, 2019
Page 6
17. Professional Services Agreement with City Net for Homeless Outreach Services
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 a Professional Services Agreement with Kingdom Causes, Inc. (DBA City Net) of
Long Beach, California, for homeless outreach services at a not -to -exceed cost of
$1,061,827.16, and authorize the Mayor and City Clerk to execute the Agreement; and
c) Approve Budget Amendment No. 19BA-030 appropriating $58,333.33 from the
unappropriated General Fund balance to Police Patrol, Professional and Technical Account
No. 01035353-811008.
18. John Wayne Airport General Aviation Improvement Program Draft EIR
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 to the Orange County Board of Supervisors requesting
the Supervisors, after conducting project specific environmental review as part of the Final
Environmental Impact Report, adopt project Alternative 3 as presented in the draft
Environmental Impact Report for the JWA General Aviation Improvement Program.
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