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Home My WebLink About00 - Agenda/off 'I `n CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING MARCH 13, 2018 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 5:00 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, 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 MARCH 13, 2018 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. Presentation to the Newport Harbor High School Girls Water Polo Team for Winning the CIF -SS Division 2 Championship SS3. Early Look at the Proposed FY18-19 Capital Improvement Program (CIP) Public Works staff will summarize some of the major capital expenditures planned for Fiscal Year 2018-19, including facilities, streets, drainage, water, wastewater, tidelands, and more. 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 - Council Chambers Conference Room A. 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). B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) (e)(2)): 9 matters The Newport Beach Lifeguard Management Association (NBLMA), the Newport Beach Police Management Association (NBPMA), the Newport Beach Police Association (NBPA), the Newport Beach Firefighters Association (NBFA), the Laborers International Union of North America Local 777 (as affiliated with and on behalf of the Newport Beach Professional and Technical Employees Association (NBTEA) and Newport Beach City Employees Association (NBCEA)), on behalf of the current and former members of said unions, as well as Vladimir Anderson and Robert Salerno, in their individual capacities, are aware of the United States Court of Appeals for the Ninth Circuit's decision in the case of Flores v. City of San Gabriel (9th Cir. 2016) 824 F.3d 890 which may result in litigation against the City of Newport Beach related to the calculation and payment of overtime compensation. City Council Meeting March 13, 2018 Page 2 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 (NON -DISCUSSION ITEM) XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Whether to express the City Council's support for SB 1394 (Newman, 2018) relating to paid signature -gathering efforts (Peotter) 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 - 15). 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 27, 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. City Council Meeting March 13, 2018 Page 3 ORDINANCE FOR ADOPTION 3. Non-exclusive Commercial Solid Waste Franchises 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. 2018-2, An Ordinance of the City Council of the City of Newport Beach, California, Granting Non-exclusive Solid Waste Franchises to Provide Solid Waste Handling Services within the City of Newport Beach. RESOLUTIONS FOR ADOPTION 4. Non-exclusive Commercial Solid Waste Franchises 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. 2018-12, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to Conduct a Public Hearing to Consider Granting Non-exclusive Solid Waste Franchises; and c) Direct the City Clerk to publish Resolution No. 2018-12 within 15 days of its adoption. 5. Resolution No. 2018-13: Acceptance of Oil Spill Response Equipment Grant Funding from the California Department of Fish & Wildlife Office of Spill Prevention and Response 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. 2018-13, A Resolution of the City Council of the City of Newport Beach, California, Accepting Grant Funds from the California Department of Fish and Wildlife, Office of Spill Prevention and Response for Oil Spill Response Equipment; and c) Approve Budget Amendment No. 18BA-031 recognizing $35,000.00 in grant revenue from the California Department of Fish and Wildlife (13501-431385-18H12) and appropriating $35,000.00 to Account No. 13501-980000-18H12 (Oil Spill Response Equipment). 6. Resolution Specifying Uses for FY2018-19 RMRA Funding from the Road Repair and Accountability Act of 2017 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. 2018-14, A Resolution of the City Council of the City of Newport Beach, California, Specifying Uses for the City's Apportionment of Fiscal Year 2018-19 Road Maintenance and Rehabilitation Account Funding from the Road Repair and Accountability Act of 2017. 7. Resolution Certifying Funding Listed in the Federal Transportation Improvement Program (FTIP) 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 2018-15, A Resolution of the City Council of the City of Newport Beach, California, Certifying that the City of Newport Beach has the Resources to Fund the Projects in the Federal Transportation Improvement Program for Federal Fiscal Years 2018/19 — 2023/24 and Affirming its Commitment to Implement All City Projects in the Program. City Council Meeting March 13, 2018 Page 4 8. Resolution No. 2018-16: Adoption of City Council Policy A-3 Prohibiting the Use of Public Funds for Tax Measure Advocacy 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 2018-16, A Resolution of the City Council of the City of Newport Beach, California, Adopting City Council Policy A-3 Prohibiting the Use of Public Funds for Tax Measure Advocacy. CONTRACTS AND AGREEMENTS 9. Facilities Carpet Replacement Project — Award of Contract No. 7222-1 (181702) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (maintenance of existing facilities involving no expansion of an existing use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Award Contract No. 7222-1 to Tandus for the total price of $239,826.42, and authorize the Mayor and City Clerk to execute a contract with Tandus under the terms of NJPA Contract No. 121715-TFU; and c) Establish a contingency of $23,983.58 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract. 10. Storm Drain Repair/Rehabilitation Project — Award of Contract No. 8163-1 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) (replacement of existing facilities involving no expansion of capacity) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Award Contract No. 8163-1 to Sancon for the total bid price of $626,975.00, and authorize the Mayor and City Clerk to execute the contract; and d) Establish $63,025.00 (approximately 10 percent), contingency amount to cover the cost of unforeseen work not included in the original contract. 11. Professional Services Agreement with Moffatt & Nichol for Sea -Level Rise Assessment of Public Trust Lands and Related Budget Amendment 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 Budget Amendment No. 18BA-030 transferring $134,420.09 from the Tidelands Operating Fund; and c) Approve the Professional Services Agreement with Moffatt & Nichol to conduct an assessment of the impact of sea -level rise on public trust lands granted to the City by the State of California with a "not to exceed" maximum to $131,784.40, and authorize the Mayor and City Clerk to execute the Amendment. 12. Amendment No. Two to On -Call Professional Services Agreement with Mariner's Mile Pet Clinic a) Determine 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. Two to the On -Call Professional Services Agreement with Everest's Piaffe, Inc. (DBA Mariner's Mile Pet Clinic) of Newport Beach, California, and authorize the Mayor and City Clerk to execute the agreement. City Council Meeting March 13, 2018 Page 5 13. Police Department Renovation Project Furniture and Fixtures a) Determine 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 Budget Amendment No. 18BA-033 appropriating $440,396.23 in the Asset Forfeiture Fund to Account No. 1050061-911039; c) Waive the contract procurement requirements of City Council Policy F-14 and approve a sole source procurement using National Intergovernmental Purchasing Alliance (National IPA) cooperative purchasing agreement No. P15 -150 -DT; and d) Approve a Purchase and Installation Agreement with CN School and Office Solutions, Inc. (DBA Culver -Newlin) of Corona, California, for furniture and fixtures for a total cost of $440,396.23, and authorize the Mayor and City Clerk to execute the agreement. MISCELLANEOUS 14. Planning Commission Agenda for March 8, 2018 Receive and file. 15. Budget Amendment to Accept a Check in the Amount of $23,459 from the California State Library for Literacy Services (CLLS) and Appropriate Funds to the Library's Fiscal Year 2017/2018 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) Accept a check in the amount of $23,459 from the California State Library for Literacy Services (CLLS) and approve Budget Amendment No. 18BA-029 to increase revenue estimates by $23,459 in account 01060005-431070 (California Literacy Campaign) and increase expenditures by the same amount in Division 01060604-711003 (Literacy Services). 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. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIX. CURRENT BUSINESS 16. AB 2464 (Harper), Professional Services Agreement with Schmitz and Associates, Budget Amendment 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) Authorize the Mayor to send a letter to Assembly Member Matthew Harper in support of AB 2464; c) Authorize the City Manager to execute a Professional Services Agreement with Schmitz and Associates, including work with Henschel Government Affairs, in the amount of $16,000 per month for up to six months, with a not -to -exceed amount of $120,000; and City Council Meeting March 13, 2018 Page 6 d) Approve Budget Amendment No. 18BA-032 in the amount of $120,000 from the General Plan Update CIP, 01201928-980000-18M12, to the City Council Professional Services budget, 01005005-811008. 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