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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
APRIL 24, 2018
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
STUDY SESSION - 3:30 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, 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. 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@newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
APRIL 24, 2018
STUDY SESSION - 3:30 P.M. (PUBLIC WELCOME)
CLOSED SESSION FOLLOWS STUDY SESSION
REGULAR MEETING - 7:00 P.M.
ROLL CALL - 3:30 p.m.
11. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Ideas for Minimizing Construction -Related Parking Impacts in our Neighborhoods
Community Development staff has prepared options that might limit or mitigate concerns
about construction -related parking that can overwhelm other on -street parking in residential
neighborhoods.
SS3. Presentation: Newport Beach Sister City Association - an introduction of visiting
students from Antibes, France
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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 APPOINTMENT
(Government Code Section 54957(b)(1)): 1 matter
Title: Initiation of Recruitment Process for New City Manager
V. RECESS
V1. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION
X. PLEDGE OF ALLEGIANCE
City Council Meeting
April 24, 2018
Page 2
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
• Consideration of changes to Council Policy A-1 (City Councin relating to methods by
which agenda items are placed on the Council Agenda (Dixon)
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 - 8). 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.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 10, 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.
CONTRACTS AND AGREEMENTS
3. MacArthur Boulevard Slope Landscaping Project — Notice of Completion Contract
No. 8176-1 (151-01)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On October 10, 2017, the project was found to be exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15332;
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.
City Council Meeting
April 24, 2018
Page 3
4. Slurry Seal Program — Award of Contract No. 7169-1 (18R04)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) Class 2, (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. 7169-1 to American Asphalt South, Inc. for the total bid amount of
$770,400.00 and authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $77,000.00 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract; and
e) Approve Budget Amendment No. 18BA-035 appropriating $260,000.00 from the General
Fund Capital Projects unappropriated fund balance (cost savings from completed CIP
projects) to Account No. 01201927-980000-18R04.
5. West Coast Highway Landscape Improvements Phase I - Award of Contract No. 7189-1
(181_11)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Class 2 Section 15301 (c) (minor alterations of existing public facilities involving negligible
expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it will not negatively impact the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 7189-1 to All American Asphalt for the bid amount of $604,284.50 for
West Coast Highway Landscape Improvements Phase I, and authorize the Mayor and City
Clerk to execute the contract; and
d) Establish a contingency of $60,500.00 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
6. 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 $375,000, and authorize the Mayor and
City Clerk to sign the agreement.
7. Agreement for Refuse Container Collection Services with Roberts Waste & Recycling, Inc.
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 Robert's Waste & Recycling, Inc. for refuse container collection
services for a five-year term with a total not -to -exceed amount of $2,400,000, and authorize
the Mayor and City Clerk to execute the agreement.
8. Amendment to Central Parking System Agreement to Extend the Expiration Date to
June 30, 2018
a) Determine 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. Five to the Agreement and authorize the Mayor and City Clerk to
execute the Amendment.
City Council Meeting
April 24, 2018
Page 4
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
XIX. CURRENT BUSINESS
9. Appointment to the Water Quality/Coastal Tidelands Management Committee
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) Appoint one individual from the list below to fill the unexpired balance of Erin Delman's term
on the Water Quality/Coastal Tidelands Management Committee.
1. Michelle Giron
2. Richard McNeil
3. Alison Ryffel
10. AB 1196 (Harper) and Contract with Don Schmitz and Associates
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) Direct the City Manager to provide the required notice to Mr. Schmitz to terminate the
advocacy agreement for AB 1196 and to contact Assembly Member Harper's Office that the
City no longer intends to pursue AB 1196, and to report back at a future date with alternatives
to a Port Master Plan for Newport Harbor that may achieve similar general goals, including
a Public Works Plan or a Master CDP for various in -Harbor activities and projects; or
c) Direct the City Manager to discuss with Mr. Schmitz and Mr. Henschel one or more other
alternatives to amend AB 1196 and continue advocating for the bill through the bill's first
policy committee hearing in the State Senate; or
d) End further advocacy and end further pursuit of a Port Master Plan or its alternatives during
2018.
11. Selection of an Executive Search Firm to Assist in the Recruitment of a 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; and
b) Select an executive search firm to assist with the recruitment of a new City Manager. If the
City of Newport Beach does not already have an existing agreement with the selected
executive search firm, authorize the Mayor and City Clerk to sign an agreement with the
selected executive search firm.
City Council Meeting
April 24, 2018
Page 5
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.
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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