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HomeMy WebLinkAbout0 - AgendaAMENDED AGENDA - ITEM NO. 4 CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING FEBRUARY 23, 2016 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - CANCELLED /CLOSED SESSION - 5:30 P.M./ REGULAR MEETING - 7:00 P.M. DIANE B. DIXON, Mayor KEVIN MULDOON, Mayor Pro Tem KEITH D. CURRY, Council Member DUFFY DUFFIELD, Council Member EDWARD D. SELICH, Council Member SCOTT PEOTTER, Council Member TONY PETROS, Council Member DAVE KIFF - City Manager AARON HARP - City Attorney LEILANI BROWN - City Clerk CAROL JACOBS - Assistant City Manager NOTICE TO THE PUBLIC The City provides a yellow sign-in card for those wishing to address the 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 addre ssing the Council. If you do fill out the card, please place it in the box at the podium. 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 t he 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 conduc ted, 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. 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. Study Sessions are usually held on the second and fourth Tuesdays of each month at 4:00 pm (subject to change). Regular meetings of the City Council are held on the second and fourth Tuesdays of each month at 7:00 p.m., except in the months of August and December when there will be at least one regular meeting in August and one regular meeting in December. 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/CouncilAgendas. 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 accommodat e 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 FEBRUARY 23, 2016 STUDY SESSION - CANCELLED/CLOSED SESSION - 5:30 P.M./ REGULAR MEETING - 7:00 PM I. ROLL CALL - 5:30 p.m. II. 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. III. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 3 matters 1. Maria Balbuena v. City of Newport Beach, et al. Orange County Superior Court Case No. 30-2014-00724934-CU-PO-CJC 2. Rubendario Cabrera v. City of Newport Beach, et al. Orange County Superior Court Case No. 30-2014-00726252-CU-PO-CJC 3. Kent Moore v. City of Newport Beach, et al. Orange County Superior Court Case No. 30-2015-00769714-CU-WM-CJC B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957 (b)(1)) Title: Dave Kiff, City Manager Aaron C. Harp, City Attorney Leilani Brown, City Clerk IV. RECESS V. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. CLOSED SESSION REPORT VIII. PLEDGE OF ALLEGIANCE IX. INVOCATION - Imam Mohammed, Islamic Institute of Orange County City Council Meeting February 23, 2016 Page 2 X. 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. XI. CITY COUNCIL ANNOUNCEMENTS (NON-DISCUSSION ITEM) XII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA  Authorization to send a letter to the South Coast AQMD requesting that the Governing Board consider returning Rule 444’s language relating to beach fire rings to pre-July 2012 terminology (Peotter) 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 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. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the February 9, 2016 Study Session and Regular 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 INTRODUCTION 3. Amendment to Newport Beach Municipal Code Chapter 11.03 Special Events a) Find that the adoption the amendment is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 153060(c)(2) and Section 15060(c)(3) of the CEQA Guidelines. Alternatively, find the approval of this 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. 2016-4, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Subsection 11.03.020(C) Relating to Special Event Permits, and pass to second reading on March 8, 2016. City Council Meeting February 23, 2016 Page 3 ORDINANCE FOR ADOPTION 4. Second Reading of Ordinance No. 2016-3 Relating to Residential Permit Parking Hours on Margaret Drive and Adoption of Resolution No. 2016-36 a) Conduct second reading and adopt Ordinance No. 2016-3, An Ordinance of the City Council of the City of Newport Beach, California, Amending Subsection 12.68.060(B) of the Newport Beach Municipal Code Regarding the Residential Parking Permit Program for Newport Heights and Cliff Haven; and b) Adopt Resolution No. 2016-36, A Resolution of the City Council of the City of Newport Beach, California, Limiting the Parking of Vehicles on Certain Streets and Rescinding Resolution No. 2015-36. RESOLUTIONS FOR ADOPTION 5. Integration of City Council Policy F-5 (Purchasing Authority for Goods and Materials) and F-20 (Contracts with Former City Employees) into City Council Policy F-14 (Authority to Contract) Adopt Resolution No. 2016-32, A Resolution of the City Council of the City of Newport Beach, California, Integrating City Council Policies F-5 and F-20 into City Council Policy F-14. 6. Resolution No. 2016-33: Adopting Goals and Priorities for 2016; Proposed Work Plan Adopt Resolution No. 2016-33, A Resolution of the City Council of the City of Newport Beach, California, Adopting Goals and Priorities for Calendar Year 2016. 7. Adopt Resolution to Approve Projects for the 2017 Federal Transportation Improvement Program (15R27, 15R20) Adopt Resolution No. 2016-34, A Resolution of the City Council of the City of Newport Beach, California, Certifying that the City has the Resources to Fund the Projects Submitted for Inclusion in the 2017 Federal Transportation Improvement Program within Federal Fiscal Years 2016/17 – 2021/22 and Affirms its Commitment to Implement all Projects in the Program, affirming the City’s intent to fund and allocate resources to implement the MacArthur Boulevard Pavement Rehabilitation Project and the Park Avenue Bridge Replacement Project as part of the 2017 FTIP. CONTRACTS AND AGREEMENTS 8. Newport Heights Alley Replacement - Approval of Professional Services Agreement with TAIT & Associates, Inc. (15R18) Approve a Professional Services Agreement (PSA) with TAIT & Associates, Inc. of Santa Ana, California, for the Newport Heights Alley Replacement project at a not-to-exceed price of $195,645.00, and authorize the Mayor and City Clerk to execute the Agreement. 9. Lido Village Water Main Replacement - Approval of Professional Services Agreement with Psomas Contract No. 7001-1 (16W14) Approve the Professional Services Agreement (PSA) with Psomas, of Santa Ana, California, to provide design services for the Lido Village Water Main Replacement project at a not-to-exceed price of $140,480, and authorize the Mayor and City Clerk to execute the agreement. 10. Approval of Maintenance Repair Services Agreement with Newport Dredging Company, Inc., DBA South Mooring Company a) Approve a Maintenance Repair Services Agreement with Newport Dredging Company, Inc., DBA South Mooring Company for three (3) years and a total limit not to exceed $300,000.00, and authorize the Mayor and City Clerk to sign the agreement; b) Approve Budget Amendment No. 16BA-034 appropriating $100,000.00 from Tidelands Maintenance Fund unappropriated fund balance to Account No. 10080802-851041 (Harbor Resources Maintenance - Piers, Floats, Docks Moorings); and c) Authorize agreement to be effective January 1, 2016 to allow for continuous service. City Council Meeting February 23, 2016 Page 4 11. Professional Services Agreement with Kimley-Horn and Associates, Inc. for Environmental Services for the Towers at Koll Center Newport Project Located at 4400 Von Karman Avenue (PA2015-024) Approve the Professional Services Agreement, and authorize the Mayor and City Clerk to execute the agreement. MISCELLANEOUS 12. Planning Commission Agenda for the February 18, 2016 Special Meeting Receive and file. 13. Update on Water Use and Conservation Efforts January 2016 Receive and file. 14. City Support for a 50-Year Lease from the County of Orange for the Newport Beach Golf Course Authorize the Mayor to sign the letter and send it to the Orange County Board of Supervisors. 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. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVIII. CURRENT BUSINESS 15. Park Avenue Bridge Replacement Project – Award of Construction Contract – Contract No. 6155 (15R20) and Approval of Professional Services Agreement with Fountainhead Consulting Corporation a) Approve the project plans and specifications; b) Approve Budget Amendment No. 16BA-033 recognizing up to $9,109,939.00 in federal funding from the Federal Highway Administration Highway Bridge Program (prior year receipts of $451,270.45 plus future receipts of $8,658,668.55) and appropriating an additional $4,690,139.00 to Account No. 13501-980000-15R20 for construction and construction engineering management / inspection services; appropriating $50,000 from the General Fund unappropriated fund balance to Park Avenue Bridge Replacement Project, Account No. 01001927-980000-15R20 to augment funding for work items not eligible for Federal Funding; and appropriating $50,000 from the Water Enterprise Capital Fund unappropriated fund balance to Park Avenue Bridge Replacement Project, Account No. 70201932 -980000- 15R20 to include funding for water system work items that may not be eligible for Federal Funding; c) Conditionally Award Contract No. 6155 to John S. Meek Company, Inc. of Gardena, California for the total base bid amount of $6,326,030.00 and conditionally authorize the Mayor and the City Clerk to execute the contract after additional Federal Funding has been secured; d) Encumber a construction contract contingency allocation of $632,000.00, (approximately 10% of the total bid), to cover unforeseen conditions, work and quantities; and e) Conditionally Approve a Professional Services Agreement (PSA) with Fountainhead Consulting Corporation, at a not-to-exceed price of $845,000.00, and conditionally authorize the Mayor and City Clerk to execute the Agreement after additional Federal Funding has been secured. City Council Meeting February 23, 2016 Page 5 16. Cost Proposal for Televising Planning Commission Meetings Provide direction to staff as to whether Planning Commission meetings should be televised on NBTV and available for viewing through the City website. 17. Amended and Restated Contracts for City Manager, City Attorney and City Clerk a) Adopt Resolution No. 2016-35, A Resolution of the City Council of the City of Newport Beach, California, Adopting Salary Ranges for the City Attorney and City Clerk; b) Approve and authorize the Mayor to execute the Fourth Amended and Restated Employment Agreement between the City of Newport Beach and City Manager Dave Kiff, subject to the terms and conditions approved by the City Council; c) Approve and authorize the Mayor to execute the Third Amended and Restated Employment Agreement between the City of Newport Beach and City Attorney Aaron Harp, subject to the terms and conditions approved by the City Council; and d) Approve and authorize the Mayor to execute the Third Amended and Restated Employment Agreement between the City of Newport Beach and City Clerk Leilani Brown, subject to the terms and conditions approved by the City Council. 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 left. The timing light will turn red when the speaker has 10 seconds left. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.