The URL can be used to link to this page

Home My WebLink About00 - Agenda/off 'I `n CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING APRIL 10, 2018 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 4:30 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 APRIL 10, 2018 STUDY SESSION - 4:30 P.M. (PUBLIC WELCOME) CLOSED SESSION FOLLOWS STUDY SESSION REGULAR MEETING - 7:00 P.M. ROLL CALL - 4:30 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Recognition of Eagle Scout Alan Airth SS3. National Library Week Proclamation SS4. Donate Life RunMalk Proclamation SS5. Poppy Month Proclamation SS6. Child Abuse Prevention Month Proclamation 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957 (b)(1)): 1 matter Title: Dave Kiff, City Manager B. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6 (a)): 1 matter Agency Designated Representative: Marshall "Duffy" Duffield, Mayor Unrepresented Employee: Dave Kiff, City Manager C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION — INITIATION OF LITIGATION (Government Code § 54956.9(d)(4): 1 matter United States of America v. State of California, et al. USDC Case No. 2:18-cv-00490-JAM-KJN (Senate Bill 54 - California Values Act) D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter City Council Meeting April 10, 2018 Page 2 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). E. CONFERENCE WITH LABOR NEGOTIATORS ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) (e)(2)): 6 matters The Newport Beach Lifeguard Management Association (NBLMA), 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 Robert Salerno, in his individual capacity, 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. V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. INVOCATION - Pastor Fernando Tamara, Orange County First Assembly of God 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. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 11). 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. City Council Meeting April 10, 2018 Page 3 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. E/1v�delkiRiAki119107_14:1Z1117_1 V READING OF MINUTES AND ORDINANCES 1. Minutes for the March 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. ORDINANCE FOR ADOPTION 3. Non -Exclusive Commercial Solid Waste Franchise 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. 2018-3, An Ordinance of the City Council of the City of Newport Beach, California, Granting a Non -Exclusive Solid Waste Franchise to Provide Solid Waste Handling Services within the City of Newport Beach. RESOLUTIONS FOR ADOPTION 4. Adoption of 2015 Amended Urban Water Management Plan 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. 2018-19, A Resolution of the City Council of the City of Newport Beach, California, Adopting the 2015 Amended Urban Water Management Plan; and c) Direct staff to fulfill the notification requirements set forth by the Water Code once the UWMP is adopted. 5. Authorize Submittal of Orange County Transportation Authority Grant Application for Expansion of the Balboa Peninsula Trolley Program and Approve Amendment No. 3 with Professional Parking 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. 2018-20, A Resolution of the City Council of the City of Newport Beach, California, Approving the Submittal of the Balboa Shuttle Expansion Program Application to the Orange County Transportation Authority for Funding Under The Project V Community - Based Transit/Circulators Program; c) Authorize the City Manager to sign grant documents; and d) Approve Amendment No. Three with Professional Parking for the Balboa Peninsula Trolley Program allowing 10, 12 or 15 weekend schedules and direct the City Manager to proceed on the 15 -weekend schedule only upon approval of the grant. 6. Disposition of Excess Special Improvement District Fund Balances 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 City Council Meeting April 10, 2018 Page 4 b) Adopt Resolution No. 2018-21, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Payment of Extra Monies held in Connection with Special Improvement District No. 95-1 to Property Owners Located Therein, which authorizes staff to refund net special tax proceeds on a pro rata basis based on each property owners proportional share of special taxes collected in excess of amounts required to pay debt service and administrative costs of Special Improvement District No. 95-1 (CIOSA) to property owners located therein. CONTRACTS AND AGREEMENTS 7. FY 2016-17 Traffic Signal Rehabilitation Project — Notice of Completion for Contract No. 8337-1 (Project 17T01) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On March 28, 2017, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (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. 8. 2017-2018 Playground Improvements Project — Notice of Completion for Contract No. 8494-1 (18P01) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On September 26, 2017, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) (Replacement or Reconstruction); 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 the Faithful Performance Bond one year after acceptance by the City Council. 9. FY 2017-18 Traffic Signal Rehabilitation Project — Award of Contract No. 7314-1 (Project 18T01) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (c) (maintenance of existing public facilities involving negligible or no expansion of use); b) Approve the project plans and specifications; c) Award Contract No. 7314-1 to California Professional Engineering, Inc. for the total bid price of $359,684.00, and authorize the Mayor and City Clerk to execute the contract; and d) Establish $36,316.00 (approximately 10 percent) contingency amount to cover the cost of unforeseen work not included in the original contract. 10. Approval and Award of Agreement to Hardy & Harper, Inc. for Sidewalk Grinding Services a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Approve the agreement with Hardy & Harper, Inc. for sidewalk grinding services for a five- year term with a total not -to -exceed amount of $400,000, and authorize the Mayor and City Clerk to sign the agreement. MISCELLANEOUS 11. Planning Commission Agenda for April 5, 2018 Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED City Council Meeting April 10, 2018 Page 5 XV. ITEMS REMOVED FROM THE CONSENT CALENDAR EVI31111[0K*10]►Til1i14ZIII &K07►I►Is] IF -IW =1Z107_\It14iyi K 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. CURRENT BUSINESS 12. City Manager Employment Agreement Amendment and Commencement of Process for Recruitment of New City Manager 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. 2018-22, A Resolution of the City Council of the City of Newport Beach, California, Approving and Authorizing the Mayor to Execute the Sixth Amended and Restated Employment Agreement between the City of Newport Beach and Dave Kiff, City Manager; and c) Appoint a City Council ad hoc committee to interview and recommend an executive search firm to look for a new City Manager. The ad hoc committee shall make its recommendation to the City Council, and the Mayor is authorized to sign the agreement with the executive search firm. 13. Adoption of Resolution No. 2018-23 Opposing Senate Bill 54 (California Values Act) 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. 2018-23, A Resolution of the City Council of the City of Newport Beach, California, Opposing Senate Bill 54 (California Values Act). XIX. 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. XX. 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