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Home My WebLink About00 - Agenda/off 'I `n CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING MAY 8, 2018 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION - 3:00 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 MAY 8, 2018 STUDY SESSION - 3:00 P.M. (PUBLIC WELCOME) CLOSED SESSION FOLLOWS STUDY SESSION REGULAR MEETING - 7:00 P.M. ROLL CALL - 3:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Charter Boats Discussion - Guidance to Harbor Commission The Harbor Commission has a subcommittee that will examine issues relating to charter boat operations in Newport Harbor. Staff has asked that the subcommittee's work plan and approach come to the City Council for Council input before the work plan begins. SS3. Stand Up Paddleboard Safety The Harbor Commission has been working on ways to improve the safety of stand-up paddlers in Newport Harbor. This is a chance for the public and the City Council to discuss those concepts, especially where they may involve code or other changes. SS4. FY 2018-19 Budget Highlights and Areas of Focus — Part 1 of 2 As July 1 approaches and the new Fiscal Year begins, City staff will go over several key items in the proposed budget and Capital Improvement Program (CIP) that deserve special review and input from the City Council and community. This is Part 1 of at least 2 sessions on the FY 2018-19 budget, with Part 2 coming on May 22, 2018. SS5. City Manager Recruitment: Community Comment Opportunity — Values, Experience, and Other Qualifications Desired This is an opportunity for members of the public to express to the City Council what they would like to see in the next city manager in terms of experience, values, and related qualifications. 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 — ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) and (e)(1)): 1 matter B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 3 matters 1. Kristen Fox v. City of Newport Beach Workers' Compensation Appeals Board Case No. ADJ10337918 City Council Meeting May 8, 2018 Page 2 2. Kristen Fox v. City of Newport Beach Workers' Compensation Appeals Board Case No. ADJ10337923 Martha Peyton v. City of Newport Beach and Aaron Harp; (Scott Peotter and Marshall Duffield, Real Parties in Interest) Orange County Superior Court Case No. 30-2018-00985887-CU-WM-CJC 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, Brian P. Walter 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); and Newport Beach Professional and Technical Employee Association (NBPTEA). D. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) and (e)(3)): 1 matter Existing Facts & Circumstances: On April 10, 2018, Lauri Preedge served the City of Newport Beach with a letter alleging the City Council violated the Ralph M. Brown Act. A copy of Ms. Preedge's letter is available upon request to the City Clerk's Office. E. PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957(b)(1)): 1 matter Title: City Manager V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. INVOCATION - Pastor Phil Eyskens, Lighthouse of Costa Mesa Church of the Nazarene 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 May 8, 2018 Page 3 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 - 7). 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 April 24, 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. Approval and Award of Agreement with Ed Building Maintenance Services for Restroom Portering and Paper Good Delivery 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; and; b) Approve the agreement with Ed Building Maintenance Services for restroom portering and paper good delivery services for a three-year term with a total not -to -exceed amount of $600,000, and authorize the Mayor and City Clerk to execute the agreement. 4. Big Canyon Nature Park Restoration Monitoring and Resource Management Services (15X12) 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 a 5 -year Professional Services Agreement with IRC of Irvine, California, for the Big Canyon Nature Park Restoration Monitoring and Resource Management Services at a not - to -exceed fee of $137,358.00, and authorize the Mayor and City Clerk to execute the Agreement. 5. CAD/RMS Server Replacement 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 Amendment No. Seven to the Software Licenses and Services Agreement with Superion, LLC of Lake Mary, Florida, for a total cost of $125,116.00, and authorize the Mayor and City Clerk to execute the Amendment. City Council Meeting May 8, 2018 Page 4 MISCELLANEOUS 6. A Request to Modify the Categorical Exclusion Order to Exclude Some Residential Dwellings from Coastal Development Permit Requirements a) Find the action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 — Existing Facilities), Section 15302 (Class 2 — Replacement or Reconstruction), Section 15303 (Class 3 — New Construction or Conversion of Small Structures) and Section 15332 (Class 32 — Infill Development Projects) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and b) Direct staff to submit to the California Coastal Commission a modification to Categorical Exclusion Order CE-5-NPB-16-1 that will exclude single -unit and two -unit dwelling units with floor area limits of 2.0 times the buildable area from the permit requirements of the California Coastal Act. 7. Proposed Harbor Speed Limit Exceptions 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) Authorize staff to forward the City's proposed exceptions to the harbor speed limit within City tidelands to the State of California for review and comments. Staff will return later for formal adoption. 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. PUBLIC HEARINGS 8. Community Development Block Grant — 2018-2019 Action Plan Continue the item to the June 12, 2018 City Council meeting. 9. An Ordinance to Allow On-site Consumption Use in Facilities that Manufacture Alcoholic Beverages (PA2017-181) a) Conduct a public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 (Minor Alterations in Land Use Limitations), because it has no potential to have a significant effect on the environment; and c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2018- 4, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2017-004 to Amend Land Use Regulations Relating to Alcoholic Beverage Manufacturing and Accessory Tasting Rooms within the Industrial Zoning District (PA2017-181), and pass to second reading on May 22, 2018. XIX. CURRENT BUSINESS 10. Government Code Section 54960.2(c)(1) Response to Ralph M. Brown Act Allegation by Lauri Preedge Served on the City of Newport Beach April 10, 2018 City Council Meeting May 8, 2018 Page 5 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) Select one of the following three options: (1) Authorize the Mayor to sign a letter pursuant to California Government Code Section 54960.2(c)(1), which admits no fault but avoids unnecessary and costly litigation from Ms. Preedge; (2) Direct staff to prepare a rejection letter to Ms. Preedge denying the allegations contained in Ms. Preedge's letter. However, this recommendation may result in Ms. Preedge filing a lawsuit against the City costing public resources; or (3) Take no action, which will result in a rejection of the allegations in Ms. Preedge's letter and the possible filing of a lawsuit against the City costing public resources. 11. Attorney -Client Privilege — Waiver 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) Waive the attorney-client privilege related to two E-mails between the City Attorney and an individual Council Member, which have been shared with a third party. 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