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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING MAY 10, 2016 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. 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 addressing 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 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. 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 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 MAY 10, 2016 STUDY SESSION - 4:00 P.M./CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 P.M. ROLL CALL - 4:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Presentation Recognizing "Poppy Month" SS3. "National Public Works Week" Proclamation SS4. Arts Master Plan Update/Arts Funding The Arts Commission has recommended a strategy for funding arts installations and programming, as well as an Arts Master Plan that involves more private -sector fundraising. SS5. Proposed FY 17 CIP The Public Works staff will update the Council on infrastructure projects proposed for the Fiscal Year 2016-17 Budget. SS6. John Wayne Airport (JWA) — NextGen Update; Letter to the U.S. EPA; Performing Additional Air Quality Analyses Relating to Emissions from JWA Planes The City Manager will give an update on the FAA's NextGen efforts, the U.S. EPA's rulemaking on greenhouse gas emissions from aircraft, as well as discussing concepts from the Aviation Committee that would have the City embark on additional studies involving aircraft emissions. 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 ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION (Government Code § 54956.9(d)(2)): 2 matters V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT City Council Meeting May 10, 2016 Page 2 IX. PLEDGE OF ALLEGIANCE X. INVOCATION - Rabbi Young, Congregation B'nai Tzedek 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 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 April 26, 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. ORDINANCES FOR ADOPTION 3. Ordinance No. 2016-9 (Code Amendment to Change Setback Map No. S -2G - 1902 East Balboa Boulevard, Code Amendment No. CA 2016-001) Second Reading Conduct second reading and adopt Ordinance No. 2016-9, An Ordinance of the City Council of the City of Newport Beach, California, Approving Code Amendment No. CA2016-001 Amending Setbacks for Property Located at 1902 East Balboa Boulevard (PA2016-010). RESOLUTIONS FOR ADOPTION 4. Resolution Authorizing Submittal of Application and Related Authorizations Associated with the Beverage Container Recycling Program City Council Meeting May 10, 2016 Page 3 a) Adopt Resolution No. 2016-55, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of Application for Payment Programs and Related Authorizations; and b) Authorize the City Manager, or his designee, to execute all necessary documents. 5. Petition Certification for Proposed Underground Assessment District Nos.114 (Area Bounded by: Tustin Avenue / 15th Street I Irvine Avenue and Cliff Drive) and 114b (Area Bounded by: Riverside Avenue 115th Street I Tustin Avenue and Cliff Drive) and Approval of Professional Services Agreement with Harris and Associates, Inc. Should City Council waive current petition percentage guidelines and undertake a ballot vote as requested by the proponents of Assessment District Nos. 114 and 114b, then: a) Adopt Resolution No. 2016-56, A Resolution of the City Council of the City of Newport Beach, California, Accepting Petition of Assessment District No. 114; b) Adopt Resolution No. 2016-57, A Resolution of the City Council of the City of Newport Beach, California, Accepting Petition of Assessment District No. 114b; c) Approve Budget Amendment 16BA-040 appropriating the amount of $65,000, apportioned to Assessment District No. 114 in Account No. 66402-941006 and $50,000, apportioned to Assessment District No. 114b in Account No. 66502-941006 for assessment engineering services. Should these Assessment District(s) fail to form, these expenditures will be covered by the General Fund; and d) Approve a Professional Services Agreement (PSA) for engineering services for Assessment Districts Nos. 114 and 114b with Harris and Associates, Inc., at a not -to - exceed price of $115,000, and authorize the Mayor and City Clerk to execute the Agreement on a form approved by the City Attorney. 6. Big Canyon Habitat Restoration and Water Quality Improvement Project — Adoption of Mitigated Negative Declaration (15X12) Adopt Resolution No. 2016-58, A Resolution of the City Council of the City of Newport Beach, California, Adopting Mitigated Negative Declaration No. ND2016-001 (SCH# 201603 1011) for the Big Canyon Habitat Restoration & Water Quality Improvement Project (PA2016-046), pursuant to the California Environmental Quality Act, State CEQA Guidelines and City Council Policy K-3. 7. Adoption of the Updated Local Hazard Mitigation Plan (LHMP) for the City of Newport Beach a) Review the proposed draft of the Local Hazard Mitigation Plan; and b) Adopt Resolution No. 2016-59, A Resolution for the City Council of the City of Newport Beach, California, Approving the Updated City of Newport Beach Local Hazard Mitigation Plan (LHMP). CONTRACTS AND AGREEMENTS 8. 2014-2015 Streetlight Improvement Project - Notice of Completion and Acceptance of Contract No. 5818 (15E01) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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. Balboa Village Entry Arch Sign Project - Award of Construction Contract No. 7011-1 (15M13) a) Approve the project drawings and specifications; b) Award Contract No. 7011-1 to AToM for the total bid price of $234,398.00, and authorize the Mayor and the City Clerk to execute the contract; and City Council Meeting May 10, 2016 Page 4 c) Establish an amount of $23,500.00 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract. 10. Professional Services Agreement Amendments with Harris & Associates for Underground Assessment District Nos. 111, 116, and 116b and with Penco Engineering for Underground Assessment District No. 117 a) Approve Amendment No. 2 to the Professional Services Agreement (PSA) with Harris & Associates, at a "not -to -exceed" price of $35,060.00, and authorize the Mayor and City Clerk to execute the Amendment; and b) Approve Amendment No. 1 to the Professional Services Agreement (PSA) with Penco Engineering, at a "not -to -exceed" price of $17,600.00, and authorize the Mayor and City Clerk to execute the Amendment. 11. Approval of Amendment No. 1 to the Professional Services Agreement with Moffatt & Nichol for On -Call Marine Engineering and Design Services Approve Amendment No. 1 to the current Professional Services Agreement with Moffatt & Nichol for on-call marine engineering and design services, add $180,000 to the agreement, extend the agreement term to June 30, 2018, and authorize the Mayor and City Clerk to execute Amendment No. 1 of the Agreement. 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. PUBLIC HEARINGS 12. Call for Review of Planning Commission Approval of Newport Dunes Resort Conditional Use Permit Located at 1131 Back Bay Drive (PA2015-084) a) Conduct a de novo public hearing; b) Find that project is categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15323, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 23 (Normal Operations of Facilities for Public Gatherings); and c) Adopt Resolution No. 2016-60, A Resolution of the City Council of the City of Newport Beach, California, Upholding and Modifying, In Part, the Planning Commission's Approval of Conditional Use Permit No. UP2015-021 to Allow a Specified Number of Special Events at the Newport Dunes Resort and Marina. 13. Community Development Block Grant - 2016-2017 Action Plan a) Hold a public hearing to receive comments on the Action Plan; and b) Adopt Resolution No. 2016-61, A Resolution of the City Council of the City of Newport Beach, California, Approving the 2016-2017 Action Plan for the Allocation of the Federal Community Development Block Grant for the 2016-2017 Fiscal Year, finding the approval of Action Plan exempt from the National Environmental Policy Act and California Environmental Quality Act, and authorizing the City Manager to: Submit the 2016-2017 Action Plan to HUD; Execute the 2016-2017 CDBG Program Grant Agreement and all related documents on behalf of the City; City Council Meeting May 10, 2016 Page 5 Execute subrecipient agreements with the nonprofit organizations receiving allocations of CDBG funds in the Action Plan; and Authorize the Community Development Director, or his/her designee, to be the official representative of the City of Newport Beach to submit required environmental documentation for CDBG projects. 14. Regional Analysis of Impediments to Fair Housing Choice a) Conduct a public hearing; b) Find this action not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and c) Approve the 16 City Regional Analysis of Impediments to Fair Housing Choice for Newport Beach. XIX. CURRENT BUSINESS 15. Streetlight LED Retrofit - Award of Contract No. 6427 (16V11) Upon Southern California Edison's confirmation that the above mentioned funding has been secured and awarded to the City: a) Award Contract No. 6427 to Express Energy Services, Inc. (Express Energy) for the amount of $1,061,780.32, and authorize the Mayor and City Clerk to execute the contract; b) Include in the project construction contract encumbrance an additional contract contingency allocation of $106,219.68 (approximately 10 percent of the total bid) to cover unforeseen conditions, extra work and/or material quantities; and c) Approve Budget Amendment No. 16BA-039 to appropriate $1,169,000.00 from the unappropriated General Fund balance to Account No. 01001928-980000-16V11 (Streetlight LED Retrofit project) as an advance for rebates and savings from Southern California Edison (SCE) through its Energy Leader Partnership Program and receive revenue of approximately $620,000 in 01003-511050 (General Fund- Private Refunds & Rebates) an $549,000 in 01003-612005 (General Fund -Proceeds from Long Term Debt). 16. Professional Services Agreement for Citation Processing, Parking Permit Processing, Parking Adjudication Support Services and Parking Citation Issuance Hardware a) Approve and authorize the Mayor and City Clerk to execute the PSA in an amount not to exceed $1,237,190; and b) Approve Budget Amendment No. 16BA-038, increasing appropriations from the General Fund and Parking Fund Unappropriated Fund Balances for a total of $161,000 to provide funding for the PSA. 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 left. The timing light will turn red when the speaker has 10 seconds left. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.