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HomeMy WebLinkAbout02/13/2018 - Study Session / Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting February 13, 2018 I. ROLL CALL - 4:30 p.m. Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar In response to Council Member Dixon's question regarding Item 5 (Non-exclusive Solid Waste Franchises), City Manager Kiff indicated that requiring Compressed Natural Gas (CNG) vehicles needs to come back to Council and can be done as an incentive -based program. SS2. John Wayne Airport (JWA) Issues Update City Manager Kiff utilized a PowerPoint presentation to highlight the key issues in the settlement with the Federal Aviation Administration (FAA), the STAYY procedure, HMMH's scope of work and noise analysis, take -off procedures and which carriers are using Distant departures, the firms being used by the City for airport advocacy and assistance, key goals, noise comparison of 737 MAX vs 737-700 planes, and contact information. He discussed the use and benefits of 737 MAX and airbus equivalent planes, the City's letter campaign to airline carriers, typical fleet incorporation periods, public engagement meetings and collaboration with community groups. He indicated that an item will be coming before Council regarding the City's possible installation of permanent noise monitors. Jim Mosher expressed hope that the City will use and analyze past data that JWA has collected, believed it would be useful to receive a presentation about the future of aviation over the next 50 years, and indicated JWA is currently entertaining a general aviation improvement program which could change the types of small planes being used at the airport. Michelle Lubendeski believed plane noise has increased over Balboa Island and thanked City Manager Kiff and Council Member Herdman for their work. She asked what departure procedures JWA used a few years ago when the planes were taking off at higher altitudes and encouraged everyone to call JWA's Noise and Access Office with concerns. City Manager Kiff confirmed the City's consultant will review the County's previous data and past departure paths. He noted he will be attending an aviation noise conference in Long Beach. Joe August discussed Noise Monitoring Station 7 and described how noise is registered on the noise monitors. SS3. Possible Improvements to the AIV Equipment in the City Council Chambers Deputy City Manager Finnigan utilized a PowerPoint presentation to display the options and costs of the changes suggested by Council Member Peotter to improve the quality of presentations in the Council Chambers. Discussion ensued relative to the use of Public, Educational and Governmental (PEG) fees, the current PEG fund balance, and meeting viewership. Volume 63 - Page 440 City of Newport Beach Study Session and Regular Meeting February 13, 2018 Council Members provided additional suggestions for improvements, including adding a tint or shades to the back sliding doors, types of projectors, podium placement, improving the meeting video and audio signal feeds, community room A/V improvements, and possible AIV improvements to the Central Library Friends Room and Marina Park. Council Member Muldoon requested that City Attorney Harp inform him if he has a conflict due to telecommunications discussions. George Schroeder discussed podium placement, suggested providing power outlets, and supported placing monitors above the staff area. Jim Mosher suggested making better use of the current screen, expressed concerns for audience sightlines when using monitors, suggested using a projector that fills the entire screen, and discussed technology he believed was supposed to be utilized in the Chambers. Following discussion, Council directed staff to move forward with a Request for Proposal (RFP) itemizing all the options so Council can determine which, if any, options should be implemented. Regarding Item IV.C, Jim Mosher noted claim dispositions used to be a staple on the agendas many years ago, took issue with the claim being redacted, questioned why this is being discussed now since the claim was filed in June of 2017, and hoped Council is being advised by someone who is not named in the claim. City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the items as listed in the Closed Session agenda and read the titles. He also recused himself on Item IV.0 out of an abundance of caution based on the possible personal financial impact provisions of the Political Reform Act. 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, 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 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 u. 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. Volume 63 - Page 441 City of Newport Beach Study Session and Regular Meeting February 13, 2018 C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - LIABILITY CLAIM (Government Code § 54956.9(d)(2) (e)(3)): 1 matter Claim: On June 15, 2017, Leonie Mulvihill filed a claim, pursuant to the Government Claims Act, with the City of Newport Beach. Pursuant to Government Code § 54957.5, the claim is available for public inspection at the Newport Beach City Clerk's Office located at 100 Civic Center Drive, Newport Beach, California 92660. Agency Claimed Against: City of Newport Beach V. RECESSED - 5:33 p.m. VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield VIII. CLOSED SESSION REPORT - None IX. INVOCATION - Council Member Peotter X. PLEDGE OF ALLEGIANCE - Council Member Dixon XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) Council Member Dixon: • Announced the Finance Committee meeting on February 15, 2018 at 3:00 p.m. in the Crystal Cove Conference Room • Requested a future agenda item to consider reestablishing the Council Legislative Committee • Wished everyone Happy Valentine's Day Council Member Herdman: • Requested a future agenda item to consider placing a City initiative on the ballot to modify current development height limits Council Member Muldoon: • Requested a future agenda item to consider adopting a resolution supporting the Reducing Crime and Keeping California Safe Act of 2018 Mayor Pro Tem O'Neill: • Attended the Witte Lecture and an accreditation meeting for Newport Harbor High School • Announced the Environmental Nature Center (ENC) Nature Preschool groundbreaking on February 15, 2018 at 4:00 p.m. XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consideration of an early earthquake warning technology briefing (Muldoon) The City Council unanimously concurred to place the matter on a future agenda. Volume 63 - Page 442 City of Newport Beach Study Session and Regular Meeting February 13, 2018 XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Council Member Muldoon left the dais while Item 12 (Enhanced Services and Priority Communications Zone Master License Agreement with Verizon Wireless) was discussed due to business interests. Regarding Item 12, Jim Mosher believed that Verizon is also doing this to assist their customers with better broadband coverage, this approach bypasses public noticing, and raised questions about the approval of the design and consideration of alternative plans. George Schroeder discussed cell service in the 35th Street/Seashore Drive area and expressed support of Item 12 if it will enhance it. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the January 23, 2018 City Council Meeting and January 29, 2018 Planning Session [100-2018] 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. Electronic and Paperless Filing of Fair Political Practices Conunission Campaign Disclosure Statements [100-2018] 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. 2018-1, An Ordinance of the City Council of the City of Newport Beach, California, Adding Chapter 1.26 to the Newport Beach Municipal Code Relating to Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements, and pass to second reading on February 27, 2018. RESOLUTIONS FOR ADOPTION 4. Council Policy Manual Update: Harbor and Beaches "H" Policies [100-2018] 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 amended Resolution No. 2018-3, A Resolution of the City Council of the City of Newport Beach, California, Adopting Revised City Council "H" 5. Non-exclusive Solid Waste Franchises [421100-2018] 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. 2018-4, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to Conduct a Pablic Hearing to Consider Granting Non-exclusive Solid Waste Franchises; and c) Direct the City Clerk to publish Resolution No. 2018-4 within 15 days of its adoption. Volume 63 - Page 443 City of Newport Beach Study Session and Regular Meeting February 13, 2018 6. Resolutions Supporting Submission of Grant Applications Under the Orange County Transportation Authority (OCTA) Measure M2 Tier 1 Environmental Cleanup Program, and the Ocean Protection Council's (OPC) Proposition 1 Grant Program [100-2018] 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) Adopt Resolution No. 2018-5, A Resolution of the City Council of the City of Newport Beach, California, Authorizing and Supporting the Submission of Grant Proposals for Funding Under the Orange County Transportation Authority Environmental Cleanup Tier 1 Grant Program; and c) Adopt Resolution No. 2018-6, A Resolution of the City Council of the City of Newport Beach, California, Authorizing and Supporting the Submission of Grant Proposals for Funding Under the California Ocean Protection Council's Proposition I Grant Program Under the Water, Supply and Infrastructures Improvement Act of 2014. 7. Pulled from the Consent Calendar 8. Pulled from the Consent Calendar CONTRACTS AND AGREEMENTS 9. Central Avenue Plaza Revitalization - Notice of Completion Contract No. 8197-2 (Project No. 17H12) [381100-2018] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On October 10, 2017, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(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 (1) year after acceptance by the City Council. 10. Final Tract Map No. 17555 for a 23 -Unit Residential Condominium Development Located at 3303 and 3355 Via Lido (C-8536-1) [381100-2018] a) Find that all significant environmental concerns for the proposed project have been addressed in the previously adopted Lido Villas Residential Mitigated Negative Declaration (SCH#2013071050). The final map is within the scope of the previously adopted Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA); b) Find that Final Tract Map No. 17555 is in substantial conformance with Tentative Tract Map No. NT2013-001 for the proposed development as approved by the City Council on November 12, 2013 (Resolution No. 2013-78); c) Review and approve the Subdivision Agreement for Final Tract No. 17555 pursuant to Section 19.36.010 of the Municipal Code, and authorize the Mayor and City Clerk to execute the Subdivision Agreement; d) Review and approve the required construction securities for Final Tract No. 17555 pursuant to Section 19.36.030 of the Municipal Code; and e) Review and approve Final Tract Map No. 17555 for the subdivision of property located at 3305 and 3355 Via Lido pursuant to Section 19.60.010 of the Municipal Code. 11. Tentative Agreement Amending the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Firefighters Association (C-2060) [381100-2018] 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) Receive and consider the Tentative Agreement between the City of Newport Beach and the Newport Beach Firefighters Association. Volume 63 - Page 444 City of Newport Beach Study Session and Regular Meeting February 13, 2018 12. Enhanced Services and Priority Communications Zone Master License Agreement with Verizon Wireless (C-8539-1) [38,1100-2018] a) Find this activity categorically exempt pursuant to Section 15303 (New Construction or Conversion of Small Structures) 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 a waiver of City Council Policy F-7, Income Property, based on the findings contained in the staff report and in the Enhanced Services and Priority Communications Zone Master License Agreement; and c) Approve an Enhanced Services and Priority Communications Zone Master License Agreement with Los Angeles SMSA Limited Partnership (DBA Verizon Wireless) of Bedminster, New Jersey, and authorize the Mayor and City Clerk to execute the Agreement. Council Member Muldoon recused himself on Item 12 due to business interests. 13. Services Agreement with RCS Investigations and Consulting, LLC, for Pre -Employment Background Investigation Services (C-8540-1) [381100-2018] 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 Services Agreement with RCS Investigations and Consulting, LLC, of Anaheim Hills, California, for pre-employment background investigation services at a not -to -exceed cost of $550,000, and authorize the Mayor and City Clerk to execute the Agreement. MISCELLANEOUS 14. Planning Commission Agenda for February 8, 2018 - canceled 15. Pulled from the Consent Calendar Motion by Mayor Pro Tem O'Neill, seconded by Council Member Peotter, to approve the Consent Calendar, except for the items removed (Items 7, 8 and 15); and noting the recusal by Council Member Muldoon on Item 12. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR 7. Resolution No. 2018-7 Relating to the City Council's 2018 Planning Session [100-2018] Mayor Duffield received confirmation from City Attorney Harp that he can participate, as long as the Port Master Plan is not discussed since he has a business in the harbor; however, advised Mayor Duffield he should not participate in the vote. Council Member Peotter recommended adopting the resolution which begins conducting General Plan community meetings in 2019. Motion by Council Member Peotter, seconded by Council Member Muldoon, to 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 amended Resolution No. 2018-7, A Resolution of the City Council of the City of Newport Beach, California, Regarding Strategies from the 2018 Planning Session. Volume 63 - Page 445 City of Newport Beach Study Session and Regular Meeting February 13, 2018 Council Member Dixon believed discussions could begin in 2018 since there are other issues involved with the General Plan that can be discussed prior to receiving the Regional Housing Needs Assessment (RHNA) numbers. Council Member Herdman believed the decision should be based on what the community wants. Jim Mosher discussed what he believed happened at Planning Session and expressed concern that bringing forward amended resolutions tonight does not provide public notice about the discussion. George Schroeder took no issue with starting General Plan discussions in 2019. Susan Skinner suggested Council not only listen to the citizens but reestablish trust. Joy Brenner suggested beginning the process after the 2018 election. Tim Steaks agreed that Council needs to reestablish trust. Council Member Herdman believed Council indicated at the Planning Session they were going to begin the process in 2018. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill Nays: Council Member Dixon Recused: Mayor Duffield 8. Issuance of City Council Subpoenas to Investigate Alleged Voter Fraud in the Unsuccessful Recall Signature Gathering Effort [100-2018] Council Member Dixon expressed support for protecting the City's election process and its citizens; however, believed the action would approve the subpoena process prior to Council approving an investigation, and the investigation would be duplicative to the Orange County District Attorney's (DA's) investigation. She indicated she would only support conducting a City investigation if the DA concluded there was no finding of fraud. Motion by Council Member Dixon, seconded by Council Member Herdman, to a) table the item until the DA has concluded its investigation; b) establish an election reform working group to review the City's initiative gathering process; c) if Council agrees with the results of the working group and if the recommendations require amendments to the California Elections Code, the City should work with its legislative representatives to introduce legislation; and d) if the DA has not concluded its investigation in six (6) months, bring the item back to the City Council. Council Member Muldoon agreed the City is not a prosecutor agency, but has an obligation to discover what improprieties may have occurred in order to take steps to prevent them from reoccurring. He emphasized the City has a duty to protect transparency. In response to Council questions, City Attorney Harp discussed the potential costs associated with issuing subpoenas, local authority to do such an action, the narrow scope of the subpoena, when actions like this have happened, and possible issues if the City waits 6 months to issue its subpoenas. He expressed his confidence in the DA, and confirmed that the DA's search warrant is still under seal and its scope is unknown at this time. Joy Brenner expressed support for the DA's investigation, discussed how thorough the Orange County Registrar of Voters office was in verifying signatures, agreed with the idea of looking at the signature gathering process to see how it can be improved, believed that issuing subpoenas may look punitive against the committee to the public, and suggested the City remain neutral until the DA has conducted its investigation. Volume 63 - Page 446 City of Newport Beach Study Session and Regular Meeting February 13, 2018 Susan Skinner believed issuing subpoenas would be vindictive, the DA's investigation supersedes the City's and would be unbiased, and believed issuing subpoenas would be overreaching. She discussed trust issues with Council and added the committee supports the DA's investigation. She also displayed and discussed the Museum House petition and took issue with Team Newport's approval of the project and petition format. Council Member Muldoon reviewed how the Museum House petition became its current size and noted the problems with the recall petition occurred with paid signature gatherers. He discussed his respect for the citizens who participated in the recall process and reiterated that the City has an obligation to look into entities that attempt to commit voter fraud. Phil Greer believed there is no reason for the investigation and this would be a violation of the Constitution, discussed case law and the committee's potential litigation against the City if this moves forward, and noted the committee is working with the DA. Jim Mosher expressed support for Council Member Dixon's motion, but noted that forming an election reform committee would need to be brought back at a future meeting for approval. Council Member Herdman believed this is premature and Council should support the DA's investigation. Mayor Pro Tem O'Neill read a statement from a committee member, believed the City needs to get to the bottom of the fraud allegation and doing this is the right thing to do for the citizens of the City. He explained what the case law Phil Greer referenced meant and reported the subpoenas would be discovery speck. He noted that fraud is not protected by the First Amendment. Council Member Muldoon emphasized that the subpoenas would only be issued to the professional entities, paid to gather signatures, and reiterated that this is not an attack against any citizen.. Substitute motion by Mayor Pro Tem O'Neill, seconded by Council Member Muldoon, to 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. 2018-8, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Issuance of Subpoenas Pursuant to City Charter Section 410, Compelling the Appearance and Testimony of Witnesses and Production of Documents Related to the City Council's Investigation of Alleged Voter Fraud in the Unsuccessful Recall Signature Gathering Effort. Council Member Peotter announced that he will have nothing to do with the subpoena or the process. The substitute motion carried by the following roll call vote: Ayes: Council Member Muldoon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield Nays: Council Member Herdman, Council Member Dixon 15. Harbor Commission's 2018 Objectives [100-20181 Mayor Duffield recused himself since he has a business in the harbor. Harbor Commission Chair Kenney utilized a PowerPoint presentation to highlight the Commission's goals and objectives. He indicated that Council could authorize them to review Newport Beach Municipal Code Title 17 (Harbor Code) and Marine Activity Permit (MAP) issues, and come back to Council with recommendations. Council complimented the Harbor Commission on their hard work, increasingly strong list of objectives, and for working on the Harbor and Beaches "H" policies. Volume 63 - Page 447 City of Newport Beach Study Session and Regular Meeting February 13, 2018 Motion by Council Member Peotter, seconded by Council Member Herdman, to 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 Harbor Commission's 2018 Objectives, including adding the Port Master Plan to Objective 6.1. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill Recused: Mayor Duffield XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Susan Riddle distributed and discussed a lawsuit related to a lease between the City and John Valleley. Chase Wickersham, member of the Orange County Veteran Advisory Council, highlighted the history of American Legion Post 291, its membership, assistance it provides, events and ceremonies held there, and invited Council to take a tour. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None XIX PUBLIC HEARING 16. A Resolution to Adjust Rent Charged for Commercial Fuel Docks [100-20181 Mayor Duffield recused himself since he has a business in the harbor. Community Development Director Jurjis and Real Property Administrator Whitlinger provided the staff report, pointed out that there are two fuel dock operators that would be affected, and utilized a PowerPoint presentation to review the three fair market rate fuel dock rent options, compare the base rent and percentage rent options, and highlight the recommended phase-in schedule. Mayor Pro Tem O'Neill opened the public hearing. Jim Mosher took issue with allowing the fuel dock operators to choose their rent option and believed it would make no sense for an operator to choose Option 2 over Option 3. Hearing no further testimony, Mayor Pro Tem O'Neill closed the public hearing. In response to Council questions, Community Development Director Jurjis and Real Property Administrator Whitlinger explained the commercial use annual revenues calculation; confirmed the rates would be reduced; noted the new rate proposes a cap at $.76/square foot, CPI increases, and market rate adjustments after 10 years; pointed out the operators can change their options in the future; explained what the rent covers; and confirmed that the essential service the fuel docks provide the harbor was taken into consideration when developing the rates. Motion by Mayor Pro Tem O'Neill, seconded by Council Member Herdman, to 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 this project has no potential to have a significant effect on the environment; and b) adopt Resolution No. 2018-9, A Resolution of the City Council of the City of Newport Beach, California, Adjusting the Rent Charged for Commercial Fuel Docks, Located Upon Tidelands. Volume 63 - Page 448 City of Newport Beach Study Session and Regular Meeting February 18, 2018 /go Council requested and received confirmation that the new rates result in a decrease in revenue to the City since there is a cap and this is part of the harbor rate clean-up from 2017. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill Recused: Mayor Duffield 17. Newport Beach Police Department Remodel - Award of Contract No. 7261-1 (17F12) (381100-20181 Council Member Peotter noted there were a number of qualified bidders that responded to the bid. Motion by Council Member Peotter, seconded by Mayor Pro Tem O'Neill, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) 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 drawings and specifications; c) declare TL Veterans Construction, Inc. as the lowest responsive bidder; d) award Contract No. 7261-1 to TL Veterans Construction, Inc. (TLV) for the total bid price of $496,800.00, and authorize the Mayor and City Clerk to execute the contract; and e) establish a contingency of $50,200.00 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract. Deputy Public Works Director Vukojevic discussed the remodel and believed it could extend the life of the remodeled areas for about 20 years. Jim Mosher questioned whether Council had reviewed the drawings and specifications they were approving. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield NM. MOTION FOR RECONSIDERATION - None XXII. ADJOURNMENT -Adjourned at 8:45 p.m. in memory of Dan Gurney and Patrick Turner The agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on February 8, 2018, at 4:00 p.m. - ; ,, Mayor Leilani I. Brown — C City Clerk �<ifiowN% Volume 63 - Page 449