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HomeMy WebLinkAbout00 - Agenda/off i� \�FORN CITY OF NEWPORT BEACH CITY COUNCIL AGENDA JUNE 14, 2022 CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 TELECONFERENCE LOCATION PURSUANT TO GC§54953(B): 81 STATE STREET, BROOKLYN, NY 11201 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION — FOLLOWS STUDY SESSION REGULAR MEETING — 5:00 P.M. KEVIN MULDOON, Mayor NOAH BLOM, Mayor Pro Tern BRAD AVERY, Council Member JOY BRENNER, Council Member DIANE B. DIXON, Council Member DUFFY DUFFIELD, Council Member WILL O'NEILL, Council Member GRACE K. LEUNG, City Manager AARON C. HARP, City Attorney LEILANI I. BROWN, City Clerk 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 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 in the City Council Chambers lobby located at 100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items 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 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 City Clerk Leilani Brown prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or citycl e rkC@.newportbeach ca. gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 JUNE 14, 2022 TELECONFERENCE LOCATION PURSUANT TO GC§54953(B): 81 STATE STREET, BROOKLYN, NY 11201 STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION - FOLLOWS STUDY SESSION REGULAR MEETING - 5:00 P.M. ROLL CALL — 4:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Alzheimer's and Brain Awareness Month Proclamation SS3. Wildland Fire Mitigation Overview Staff will review fire prevention efforts to educate homeowners, improve vegetation management and effectively harden homes against wildfires and ember cast-off. III. PUBLIC COMMENTS 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, Barbara Salvini, Human Resources Director, and Charles Sakai, Esq., Negotiators. Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employees Association (NBPTEA); Part Time Employees Association of Newport Beach (PTEANB); and Key and Management - unrepresented employees. B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9) (d)(2), (e)(1)): 1 matter V. RECESS City Council Meeting June 14, 2022 Page 2 VI. RECONVENE AT 5:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Vill. CLOSED SESSION REPORT IX. INVOCATION — Pastor Scott Cody, St. Andrews Presbyterian Church X. PLEDGE OF ALLEGIANCE XI. NOTICE TO THE PUBLIC 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. XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES 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— 21). 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 Minutes for the May 24, 2022 Special Joint Meeting of the City Council and Finance Committee and the May 24, 2022 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. ORDINANCE FOR INTRODUCTION 3. Ordinance No. 2022-14 and Resolution No. 2022-34: Eastbluff Preferential Parking Zone Revisions 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 June 14, 2022 Page 3 b) Adopt Resolution No. 2022-34, A Resolution of the City Council of the City of Newport Beach, California, Limiting the Parking of Vehicles on Aleppo Street between Aralia Street and Arbutus Street, Alta Vista Drive between Aralia Street and Arbutus Street, and Arbutus Street, and Rescinding Resolution No. 2016-100; and c) Adopt Ordinance No. 2022-14, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 12.68.060(C) of the Newport Beach Municipal Code To Remove Certain Streets from the Preferential Parking Program in Zone "3" - Eastbluff, and pass to second reading on June 28, 2022. ORDINANCE FOR ADOPTION 4. Ordinance No. 2022-13: Amendment to Municipal Code Chapter 14.16, Water Conservation and Water Supply Shortage 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; and b) Conduct second reading and adopt Ordinance No. 2022-13, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 14.16 of the Newport Beach Municipal Code Pertaining to Water Conservation and Supply Level Regulations. RESOLUTIONS FOR ADOPTION 5. Resolution No. 2022-35: Initiation of Amendments to the General Plan Land Use and Noise Elements, the Zoning Code and the Newport Place Planned Community Development Standards (PA2022-110) a) Determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) Adopt Resolution No. 2022-35, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to the General Plan, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code, and Newport Place Planned Community Development Standards Related to Housing (PA2022-110). 6. Resolution Nos. 2022-36 and 2022-37: Adoption of Fiscal Year 2022-23 Appropriations Limit and Amendment to the Fiscal Year 2021-22 Appropriations Limit 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. 2022-36, A Resolution of the City Council of the City of Newport Beach, California, Amending the Appropriations Limit for Fiscal Year 2021-22 in Accordance with Article XIIIB of the California Constitution and Government Code Section 7910, in the amount of $220,661,795; and c) Adopt Resolution No. 2022-37, A Resolution of the City Council of the City of Newport Beach, California, Determining and Establishing the Appropriations Limit for Fiscal Year 2022-23 in Accordance with Article XIIIB of the California Constitution and Government Code Section 7910, in the amount of $236,775,921. 7. Resolution No. 2022-38: Authorizing the Temporary Closure of Selected Streets for the Fourth of July Holiday Period 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 City Council Meeting June 14, 2022 Page 4 b) Adopt Resolution No. 2022-38, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Temporary Closure of Back Bay Drive, the 100 Block of Orange Street from Traffic off of Pacific Coast Highway, San Joaquin Hills Road between Back Bay Drive and the Entrance to the Park Newport Apartment Complex, and Via Malaga between Via Oporto and Via Lido. 8. Resolution No. 2022-39: Adopting a Memorandum of Understanding with the Newport Beach Fire Management Association and Amending the Salary Schedule 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 2022-39, 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 Fire Management Association and Amending the Salary Schedule; and c) Approve Budget Amendment No. 23-002 appropriating $41,533 in increased expenditures in various City division salary and benefit accounts from unappropriated General Fund balances. 9. Resolution No. 2022-40: Supporting Senate Bill 904 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. 2022-40, A Resolution of the City Council of the City of Newport Beach, California, Supporting Senate Bill 904, which will Help Ensure that the Criminal Justice System Educates and Treats Non -Violent Offenders Suffering from Addiction. 10. Resolution No. 2022-41: Specifying Uses for FY2022-23 RMRA Funding from the Road Repair and Accountability Act of 2017 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. 2022-41, A Resolution of the City Council of the City of Newport Beach, California, Adopting a List of Projects for Fiscal Year 2022- 23 Funded by SB 1, The Road Repair and Accountability Act of 2017. CONTRACTS AND AGREEMENTS 11.Ocean Boulevard Sidewalk Improvements between Carnation Avenue and Fernleaf Avenue — Notice of Completion for Contract No. 7623-1 (18R25) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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 Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. 12. Peninsula Point Encroachment Removal Project — Award of Contract No. 8814-1 (22M14) a) Find this project exempt from the California Environmental Quality Act (CEQA) requirements pursuant to Sections 15250 of the CEQA Guidelines, as the plan defined in the California Coastal Commission Consent Orders includes mitigation measures to minimize any significant adverse effect on the environment; b) Approve the project Plans and Specifications; c) Award Contract No. C-8814-1 to SDG Enterprises for the total bid price of $588,024, and authorize the Mayor and City Clerk to execute the contract; City Council Meeting June 14, 2022 Page 5 d) Establish a contingency of $59,000 (approximately 10 percent of the total bid) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 22-056 appropriating $101,066 in increased expenditures in Account No. 01201938-980000-22M14 from the Capital Improvement Program Oceanfront Encroachment unappropriated fund balance. 13. Approval of On -Call Professional Services Agreements for Landscape Architectural 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 On -Call Professional Services Agreements with Mark Thomas & Company, Inc., BGB Design Group, Inc., RJM Design Group, Inc., and RDC-S111, Inc. dba Studio One Eleven for landscape architectural design services, with each agreement being for a term of three years and a total not -to -exceed amount of $150,000, and authorize the Mayor and City Clerk to execute the agreements. 14. Amendment No. Two to Professional Services Agreement with Sampson Oil Company for Oil Well Management 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; b) Approve Amendment No. Two to the Professional Services Agreement with Sampson Oil Company for Oil Well Management Services, which extends the contract for one additional year to July 31, 2023 and increases the total not -to -exceed contract amount by $750,000, and authorize the Mayor and City Clerk to execute the Agreement. 15. Amendment No. One to a Professional Services Agreement with Sagecrest Planning and Environmental for Staff Augmentation 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. One to Professional Services Agreement with Sagecrest Planning and Environmental for Staff Augmentation — Planning Services and authorize the Mayor and the City Clerk to execute the Amendment. 16. Tentative Agreement with Newport Beach Police Management Association (NBPMA) 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) Receive and consider the Tentative Agreement between the City of Newport Beach and the Newport Beach Police Management Association. 17. Community Programs and Special Events Grants Recommendation for Fiscal Year 2022- 23 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 in the staff report provide community services or programs that serve residents and are beneficial to residents' quality of life and authorize the allocation of $55,200 of the Community Programs Grants in the following manner: City Council Meeting June 14, 2022 Page 6 c) d) e) Community Programs Grants Applicant Advocates for Grandparent Grandchild Connection Balboa Island Museum and Historical Society Newport Bay Conservancy Newport Beach Historical Society Newport -Mesa Family YMCA of Orange County Orange Coast College Foundation Marine Program Orange County Coastkeeper Our Lady Queen of Angels - Helping Hands Pacific Marine Mammal Center Share Our Selves Someone Cares Soup Kitchen Youth Employment Services Total Recommendation $1,000 $10,000 $6,000 $1,500 $3,000 $1,000 $3,000 $12,500 $5,000 $5,500 $3,200 3 500 $55,200 Approve $11,154 in fee waivers for the cost of renting the Community Room for the recurring community programs provided by the San Diego Blood Bank ($6,464) and Speak Up Newport ($4,690); Waive the stipulation in Council Policy A-12 that requires a General Fund expenditure of $75,000 each fiscal year for the Community Programs Grant program; Pursuant to City Council Policy A-12, find that the special events listed below are meritorious community, social or athletic events that are beneficial to residents' quality of life, and authorize the allocation of $300,000 of the Special Event Grants in the following manner: Community & Charitable Events Recommendation 4t" of July Parade and Picnic $500 Andersen DEANs Port of July $500 Annual Corona del Mar Christmas Walk $5,000 Annual Corona del Mar Scenic 5K $12,750 Annual Newport Classic Surf Contest $1,500 Balboa Beerfest $1,100 Balboa Island Carnival & Taste of Balboa $2,000 Balboa Island Parade $9,800 Balboa Island Summer Concert Series $1,550 Balboa Island Tree Lighting and Snow Day $500 Car Show $500 Corona del Mar Sand Castle Contest $650 Field of Honor $3,000 Lobsterfest at Newport Beach $2,000 The California Gold $2,400 Walk for Patrick "Patty" Turner $750 Wooden Boat Festival 500 Total $45,000 Signature Events Recommendation Hoag Classic $15,000 Komen Orange County MORE THAN PINK Walk $10,000 Newport Beach Christmas Boat Parade $50,000 Newport Beach Film Festival $149,000 Newport -Mesa Spirit Run $21,000 Newport to Ensenada Yacht Race $10,000 Total $255,000 City Council Meeting June 14, 2022 Page 7 MISCELLANEOUS 18. Planning Commission Action Report for the May 26, 2022 Meeting and Agenda for the June 9, 2022 Meeting Receive and file. 19. Annual Measure M2 Eligibility Submittal 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 the Measure M2 Seven -Year Capital Improvement Program (CIP); and c) Direct staff to submit all necessary material to OCTA to satisfy the FY 2022-23 Measure M2 annual eligibility requirements. 20. Third Quarter Budget Update 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. 22-057, adjusting revenue estimates and expenditure appropriations for the Fiscal Year 2021-22 budget as outlined in the report; and c) Receive and file the report of budget amendments for the third quarter. 21. Board and Commission Scheduled Vacancies — Confirmation of Nominees 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) Waive the portion of City Council Policy A-2 (Boards, Commissions & Committees) that recommends nominating two or more candidates for each vacancy, if an insufficient number of candidates are available; and c) Confirm the nominations made by the City Council Ad Hoc Appointments Committee: Board of Library Trustees [1 vacancy] Ash Kumra Laurel Tippett Jim Mosher Building and Fire Board of Appeals [2 vacancies] Bill Caskey (incumbent) J.R. Walz (incumbent) Kenneth Kasdan City Arts Commission [1 vacancy] Wayan Kaufman (incumbent) Walt Howald John Blom Civil Service Board (Council nominee) [1 vacancy] Sharon Wood (incumbent) Matthew Parisi Harbor Commission [3 vacancies] Ira Beer (incumbent) Don Yahn (incumbent) Antonella Castro Rudy Svrcek Jordan Wachter Bill Peterson City Council Meeting June 14, 2022 Page 8 Parks, Beaches & Recreation Commission [2 vacancies] Diane Daruty (incumbent) Hassan Archer (incumbent) Michael Rutledge Planning Commission [1 vacancy] Debbie Stevens Tristan Harris Jonathan Langford 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. PUBLIC HEARINGS 22. Resolution Nos. 2022-42 and 2022-43: Fiscal Year 2022-23 Budget Adoption, Budget Public Hearing, Recommendations from the Finance Committee, and Proposed Budget Revision Items; and City Council Policy F2, Reserve Policy, and City Council Policy F-28, Facilities and Harbor and Beaches Financial Planning Programs a) Conduct a public hearing regarding the City Manager's proposed budget for fiscal year 2022- 23; b) 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; c) Consider the Finance Committee's budget recommendations; d) Review and approve the proposed budget revisions; e) Adopt Resolution No. 2022-42, A Resolution of the City Council of the City of Newport Beach, California, Adopting the Budget for the 2022-23 Fiscal Year, as amended by Item (c) above; f) Review and approve the City Manager's recommended list of City of Newport Beach position classifications and their salary ranges as required by the California Public Employees' Retirement System (CaIPERS) and in accordance with 2 CCR § 570.5 (a)(1); g) Receive and file the salary schedule for the Lifeguard Operations Assistant Chief classification in the Lifeguard Management Association (LMA), which was erroneously omitted from Exhibit A to the memorandum of understanding between the City of Newport Beach and the LMA when reviewed and approved by the City Council on May 10, 2022; h) Approve Budget Amendment No. 23-001, appropriating structural surplus revenue to one-time expenditure appropriations. Funds will be allocated to the CaIPERS Unfunded Accrued Liability (UAL) additional payment for FY 2022-23, Facilities Financial Plan, and FY 2023-24 Capital Improvement Projects; and i) Adopt Resolution No. 2022-43, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy F-2, Reserve Policy, and City Council Policy F-28, Facilities and Harbor and Beaches Financial Planning Programs, to incorporate revisions recommended by the Finance Committee and other minor edits. City Council Meeting June 14, 2022 Page 9 23. Ordinance No. 2022-15: Approving a Military Equipment Use Policy for the Newport Beach Police Department a) Conduct a public hearing; b) 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 c) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2022-15, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Military Equipment Use Policy for the Newport Beach Police Department, and pass to second reading on June 28, 2022. XVIII. 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. XIX. ADJOURNMENT Testimony given before the City Council is recorded. The timer light will turn yellow when the speaker has one minute remaining. The timer light will turn red when the speaker has 10 seconds remaining. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE