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HomeMy WebLinkAbout00 - Agenda11*ZIPPOR!!� CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING SEPTEMBER 26, 2017 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 4:00 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, 2nd Floor). Staff reports or other written documentation have been prepared or organized with respect to each item of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. 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 SEPTEMBER 26, 2017 STUDY SESSION - 4:00 P.M./CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 P.M. I. ROLL CALL - 4:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Orange County Cities Energy Leadership Partnership Presentation to the City for Reaching Platinum Level SS3. Southern California Edison Presentation of a Check for Incentives Related to LED Street Light Replacement SS4. John Wayne Airport (JWA) Update The City Manager will update the City Council on various concerns residents and others have expressed about the FAA's implementation of new departure procedures at JWA. 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. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter City of Newport Beach v. United States Federal Aviation Administration et al. United States Court of Appeals for the District of Columbia Circuit Case Number 17-1008 V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. INVOCATION X. PLEDGE OF ALLEGIANCE XI. NOTICE TO THE PUBLIC The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the City Council. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. City Council Meeting September 26, 2017 Page 2 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 - 14). 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 1. Minutes for the September 12, 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. ORDINANCES FOR ADOPTION 3. Adoption of an Ordinance Amending Setback Maps S -3A and S-313 (PA2016-066) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines, Class 5 (Minor Alterations in Land Use Limitations) because it has no potential to have a significant impact on the environment; and b) Conduct second reading and adopt Ordinance No. 2017-13, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Newport Beach Municipal Code Related to Certain Front Yard and Side Yard Setbacks (PA2016-066). 4. Amendment to Newport Beach Municipal Code 14.24.065 (2nd Reading) and Resolution Adopting Sewer Rates a) Determine these actions are exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because these actions will not result in a physical change to the environment, directly or indirectly; b) Conduct second reading and adopt Ordinance No. 2017-15, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 14.24.065 of Title 14 of the Newport Beach Municipal Code Pertaining to Sewer Use Charge; and c) Adopt Resolution No. 2017-61, A Resolution of the City Council of the City of Newport Beach, California, Establishing Sewer Charges Effective January 1, 2018 and Four Years of Phased In Increases Thereto. City Council Meeting September 26, 2017 Page 3 5. Proposed Revisions to Mooring Specifications — Harbor Commission Recommendation a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2017-62, A Resolution of the City Council of the City of Newport Beach, California, Adopting the Specifications for the Size of Weights and Chains for Moorings Located Upon Tidelands in Newport Harbor. 6. Resolution No. 2017-63 Relating to the FAA's Implementation of NextGen at John Wayne Airport a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2017-63, A Resolution of the City Council of the City of Newport Beach, California, Relating to the Federal Aviation Administration's Implementation of the Southern California Metroplex Project at John Wayne Airport. CONTRACTS AND AGREEMENTS 7. Annual Concrete Replacement Program: FY17 — Notice of Completion for Contract No. 7009-1 (17R06) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On December 13, 2016, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 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 Civil Code; and c) Release Faithful Performance Bond one (1) year after acceptance by the City Council. 8. Balboa Ocean Pier Pile Repairs Project — Notice of Completion for Contract No. 8188-2 (171-103) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On May 9, 2017, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities); 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 (1) year after acceptance by the City Council. 9. 2017-2018 Playground Improvement Project — Award of Construction Contract No. 8494- 1 (181301) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) (Replacement or Reconstruction), on the basis that the project consists of the replacement or reconstruction of existing public facilities, involving no expansion of capacity, 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) Award Contract No. 8494-1 to R.E. Schultz Construction, Inc. for the total bid price of $211,735.00, and authorize the Mayor and City Clerk to execute the contract; and d) Establish approximately $21,265.00 (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 Streetlight Restoration Specialists, Inc. for Streetlight Pole Painting 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 City Council Meeting September 26, 2017 Page 4 b) Approve Agreement with Streetlight Restoration Specialists, Inc. for streetlight pole painting services for a term of five years and total amount not -to -exceed $300,000, and authorize the Mayor and City Clerk to sign the agreement. 11. Approval of Amendment No. One to Agreement with Emilio Ramirez dba RAMCO General Engineering Contractors for As -Needed General Building Maintenance and Repair 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 Amendment No. One with Emilio Ramirez dba RAMCO General Engineering Contractors for as -needed general building maintenance and repair services, increasing the compensation by $21,000 to $141,000, and authorize the Mayor and City Clerk to sign the agreement. 12. Contract with Former City Employee, Michelle Caldwell 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) Authorize the City Manager to execute a Temporary Employment Agreement (TEA) with former employee, Michelle Caldwell, who retired on December 28, 2012, to temporarily fill the position of Police Dispatcher until all vacancies can be filled. MISCELLANEOUS 13. Budget Amendment to Accept a Check in the Amount of $18,000 from the California State Library for Literacy Services (CLLS) and Appropriate Funds to the Library's Fiscal Year 2017/2018 Maintenance and Operation Budget a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Accept a check in the amount of $18,000 from the California State Library for Literacy Services (CLLS) and approve Budget Amendment No. 18BA-008 to increase expenditure by the same amount in Division 01060604-711003 (Literacy Services). 14. Appointment of Board Member and Alternate Board Member to the Metro Cities Fire Authority 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) Appoint the Assistant City Manager as the voting member and the Deputy City Manager as the Alternate. The Metro Cities Fire Authority rotates Fire Chiefs on the Board every two years. When the Newport Beach Fire Chief is eligible to be on the Board as a voting member, the Assistant City Manager will be the alternate. 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. City Council Meeting September 26, 2017 Page 5 XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVIII. PUBLIC HEARING 15. Non -Exclusive Commercial Solid Waste Franchises a) Conduct a Public Hearing to consider the award of Non -Exclusive Commercial Solid Waste Collection Franchises pursuant to Resolution No. 2017-60; 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; and c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2017- 16, An Ordinance of the City Council of the City of Newport Beach, California, Granting Non-exclusive Solid Waste Franchises to Provide Solid Waste Handling Services within the City of Newport Beach, and pass to second reading on October 10, 2017. 16. Sculpture Exhibition in Civic Center Park — Phase III 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 nine sculptures and the proposed locations within the Civic Center Park as recommended by the City Arts Commission for the temporary sculpture exhibit. 17. Implementation of Improvements and Efficiencies with Records Management in the City Clerk's Office a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2017-64, A Resolution of the City Council of the City of Newport Beach, California, Amending the Classifications of Positions and Staffing Structure in the City Clerk's Office. XX. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Council Members who voted with the prevailing side. XXI. ADJOURNMENT Testimony given before the City Council is recorded. The timing light will turn yellow when the speaker has one -minute remaining. The timing light will turn red when the speaker has 10 seconds remaining. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE