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HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING MARCH 28, 2017 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 5:30 P.M./CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 P.M. KEVIN MULDOON, Mayor DUFFY DUFFIELD, Mayor Pro Tem BRAD AVERY, Council Member DIANE B. DIXON, Council Member JEFF HERDMAN, Council Member WILL O'NEILL, 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. The agendas, minutes and staff reports are also available on the City's website: http://www.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 28, 2017 STUDY SESSION - 5:30 P.M./CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 P.M. ROLL CALL - 5:30 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. City Arts Commission Annual Update Members of the City Arts Commission will update the City Council on plans for 2017 and beyond in terms of arts programming. SS3. Update on Tsunami Awareness Week and City's Emergency Management and Disaster Preparedness Efforts Emergency Preparedness Coordinator Katie Eing with the Newport Beach Police Department will discuss how the City and its staff prepares to protect the citizens, businesses, visitors and overall community in the event of a natural or other disaster. 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)) Title: Dave Kiff, City Manager Aaron C. Harp, City Attorney Leilani Brown, City Clerk B. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6 (a)) Agency Designated Representative: Council Member Diane Dixon Unrepresented Employees: Dave Kiff, City Manager, Aaron C. Harp, City Attorney, and Leilani Brown, City Clerk. V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING City Council Meeting March 28, 2017 Page 2 VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE X. INVOCATION - Pastor Mark Whitlock, Christ Our Redeemer - A.M.E. Church 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 Renaming of Two City Parks (Muldoon and Herdman) 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 - 11). Public comments are invited on Consent Calendar from members of the audience. 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 March 14, 2017 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 28, 2017 Page 3 ORDINANCE FOR INTRODUCTION 3. Harbor Mooring Regulation Modifications a) Determine the action is not subject to 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, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the City Council finds the approval of the Ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment; and b) Introduce Ordinance No. 2017-7, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Title 17 Relating to Moorings, and pass to second reading on April 11, 2017. ORDINANCE FOR ADOPTION 4. Second Reading and Adoption of Ordinance No. 2017-5, Reauthorizing the City's Public, Educational and Governmental Access Fee on State Video 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. 2017-5, An Ordinance of the City Council of the City of Newport Beach, California, Reauthorizing the Public, Educational and Governmental (PEG) Fee on State Video Franchises Operating within the City of Newport Beach. RESOLUTIONS FOR ADOPTION 5. Investment Policy 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; and b) Staff and the Finance Committee recommend adopting Resolution No. 2017-19, A Resolution of the City Council of the City of Newport Beach, California, Finding Consistency with Stated Investment Objectives and Amending City Council Policy F-1 Requiring Long - Term Credit Rating Minimums to be in the `A" Category or Better, and to Allow for the Use of Mutual Funds in a Manner Consistent with Government Code Section 53601. These changes are in furtherance of the City's investment objectives. 6. Accept $75,562 from California Division of Boating and Waterways Boating Infrastructure Grant and Approve Budget Amendment for Central Avenue Public Pier and Plaza Improvements (17H12) 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. 2017-20, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the City Manager to Accept a Grant from the State of California's Department of Parks and Recreation's Division of Boating and Waterways through its Boating Infrastructure Grant Program for the Construction and Operation of the Central Avenue Public Pier and Approving Budget Amendment No. 17BA-029; and c) Approve Budget Amendment No. 17BA-029 to increase revenue estimates by $75,562.00 in Account 13501-431385-17H12 and appropriate $75,562.00 to Account 13501-980000- 17H12 for Central Avenue Public Pier and Plaza Improvements project. City Council Meeting March 28, 2017 Page 4 CONTRACTS AND AGREEMENTS 7. Streetlight LED Retrofit- Notice of Completion of Contract No. 6427 (Project No. 16V11) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On May 10, 2016, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302(c) (Reconstruction of existing facility involving negligible or no expansion of capacity) because it has no potential to have a significant effect on the environment; 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. Slurry Seal Program FY 2016-2017 - Award of Contract No. 8273-1 (17R04) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) (reconstruction of existing facility involving negligible or 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 specifications; c) Award Contract No. 8273-1 to American Asphalt South, Inc. for the total bid price of $558,494.00, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $56,000.00 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract. 9. Approve Agreement with Trane U.S. Inc. for Civic Center HVAC Maintenance 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 on-call maintenance and repair agreement with Trane U.S. Inc. for Civic Center HVAC maintenance for a total amount not to exceed $270,000, and authorize the Mayor and City Clerk to sign the agreement. MISCELLANEOUS 10. Planning Commission Agenda for the March 23, 2017 Meeting Receive and file. 11. General Plan Annual Status Report Including Housing Element Report (PA2007-195) a) Determine this action is not a project as defined in Section 15378(b)(2) of the Public Resources Code; and b) Authorize submittal to the State of California Office of Planning and Research and State Department of Housing and Community Development. 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 City Council Meeting March 28, 2017 Page 5 XIX. PUBLIC HEARING 12. Authorization to Issue Obligations by the California Enterprise Development Authority to Benefit the Discovery Science Center of Orange County a) Conduct a public hearing; b) Find the approval of the Resolution is not subject to 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, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, find the approval of the Resolution is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment; and c) Adopt Resolution No. 2017-21, A Resolution of the City Council of the City of Newport Beach, California, Approving the Issuance of Revenue Obligations by the California Enterprise Development Authority of an Aggregate Principal Amount not to Exceed $6, 000, 000 for the Purpose of Refinancing Facilities for the Benefit of the Discovery Science Center of Orange County. XX. CURRENT BUSINESS 13. Approval of Purchase Agreement with Haaker Equipment Company for One CNG -Powered Sewer Cleaner Truck a) Determine that the action is exempt from the California Environmental Quality Act (CEQ) 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 an agreement for the purchase of one CNG -powered Sewer Cleaner Truck from Haaker Equipment Company for a total cost of $522,735.63, and authorize the Mayor or City Clerk to execute the agreement. 14. Current Land Use at 505 32nd Street and 3209 Via Lido (site of St James the Great Episcopal Church) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) because this action will not result in a physical change to the environment, directly or indirectly; and b) Offer any individual comments about land uses at this location. 15. Annual Traffic Signal Rehabilitation Project, Removal of a Crosswalk and Installation of Rectangular Rapid Flashing Beacons - Award of Contract No. 8337-1 (17T01) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (for repair, maintenance and minor alteration of existing public facilities with negligible expansion) 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 removal of the east leg crosswalk at Via Lido and Via Oporto and consolidate pedestrian crossings to the west leg crosswalk at Via Lido and Via Oporto, including the installation of a new Rectangular Rapid Flashing Beacon at that crosswalk; c) Approve the project drawings and specifications; d) Award Contract No. 8337-1 to Elecnor Belco Electric, Inc. for the total bid price of $635,416.00, and authorize the Mayor and City Clerk to execute the contract; e) Establish $63,500.00 (approximately 10 percent) contingency amount to cover the cost of unforeseen work not included in the original contract; and f) Approve Budget Amendment No. 17BA-028 transferring $162,000.00 from Account No. 01201927-980000-17T02 (Traffic Management / Modernization) to Account No. 01201927-980000-17T01 (Traffic Signal Rehabilitation Program). City Council Meeting March 28, 2017 Page 6 XXI. 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. XXII. ADJOURNMENT - In memory of Bill Ficker and Marilyn Broughton 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.