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HomeMy WebLinkAbout0 - AgendaAMENDED AGENDA - ADDED ITEM S21 3� F - i L-_1,FoR,!:; CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING JUNE 28, 2016 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 5:00 P.M./CLOSED SESSION - CANCELLED/ 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 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 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. 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. 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(o)newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH JUNE 28, 2016 STUDY SESSION - 5:00 P.M./CLOSED SESSION - CANCELLED/ REGULAR MEETING - 7:00 P.M. ROLL CALL - 5:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Recognition of Bystanders and Fire Personnel — Marriott Villas Rescue SS3. Recognition of Lifeguards and Paramedics — Corona del Mar State Beach Rescue SS4. Fourth of July Activities Preview It's time for our annual update/preview of activities and public safety rules during the upcoming Independence Day weekend (Saturday through Monday, July 2-4, 2016). SS5. Safety Along Ocean Front Walk (Surreys, Segways, Speed Limits, and More) Whether it's higher speeds than may be safe, various wheeled vehicles on the Walk that shouldn't be, or other devices that can appear to increase tension between bikers, walkers, runners, and others, the Balboa Peninsula's Ocean Front Walk (aka "the Boardwalk") is a busy and talked -about place most days. Staff will summarize the Walk's issues, enforcement protocols, and options for the City Council. SS6. Orange County Public Works: Lower Santa Ana River Dredging / Sand Management Project The Orange County Public Works Department is about to embark upon a new dredging project (primarily sand removal, to allow for the required capacity in the river channel) in the lower reach of the Santa Ana River. What will this mean for beach users and adjacent residences in the coming months? Staff from OCPW will be here to fill us all in. 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. RECESS V. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Dr. Stanley Smith, Harbor Christian Church City Council Meeting June 28, 2016 Page 2 IX. 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. X. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) XI. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the Consent Calendar for discussion (Items 1 - 18). 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. XII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the June 14, 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. RESOLUTIONS FOR ADOPTION 3. Emergency Management Performance Grant Authorization 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. 2016-80, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the City Manager and the Police Chief to Act as the City's "Authorized Agents" to Sign and Execute Documents for the Purpose of Participating in the Emergency Management Performance Grant Program. City Council Meeting June 28, 2016 Page 3 4. Resolution of Intention to Amend the Stakeholder Business Structure and Annual Assessment Levied and Resolution of Intention to Forgive Delinquent Assessments and Penalties for the Newport Beach Restaurant Association Business Improvement District 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. 2016-81, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to Amend the Stakeholder Business Structure and Annual Assessments Levied for the Newport Beach Restaurant Association Business Improvement District and Fixing the Time and Place of a Public Meeting for July 12, 2016 and a Public Hearing for August 9, 2016; and c) Adopt Resolution No. 2016-82, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to Forgive Delinquent Assessments and Penalties for the Newport Beach Restaurant Association Business Improvement District and Fixing the Time and Place of a Public Hearing for July 12, 2016. 5. Adoption of the 2015 Urban Water Management Plan 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. 2016-83, A Resolution of the City Council of the City of Newport Beach, California, Adopting the 2015 Urban Water Management Plan; and c) Direct staff to fulfill the notification requirements set forth by the Water Code once the UWMP is adopted. 6. Memorandum of Understanding with the Part Time Employees Association of Newport Beach 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. 2016-84, A Resolution of the City Council of the City of Newport Beach, California, Adopting the Memorandum of Understanding between the City of Newport Beach and the Part Time Employees Association of Newport Beach and Establishing Salary Ranges for Certain Represented and Unrepresented Part -Time Positions, for the period July 1, 2015 through December 31, 2018. 7. Resolution of Intention to Declare a Level Two Water Supply Shortage/Water Conservation Goals 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. 2016-85, A Resolution of the City Council of the City of Newport Beach, California, Noticing Its Intention to Declare a Level Two Water Supply Shortage, setting customer usage to 85 percent of their 2013 usage for the same billing cycle or of a similar property and use if no billing data is available; c) Direct the City Clerk to publish Resolution No. 2016-85 within (15) fifteen days of adoption of the Resolution; and d) Set the date of July 12, 2016 for a public hearing. City Council Meeting June 28, 2016 Page 4 8. Approve Resolution Authorizing Grant Application for the Orange County Transportation Authority Bicycle Corridor Improvement Program 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. 2016-86, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Application of Funds for the Bicycle Corridor Improvement Program Funded with Congestion Mitigation and Air Quality Program Under the Moving Ahead for Progress in the 21st Century and Fixing America's Surface Transportation Federal Transportation Act for the Newport Beach Bicycle and Pedestrian Bridge Project. CONTRACTS AND AGREEMENTS 9. Amendment No. 4 to Contract No. 5505 with SunGard Public Sector, LLC 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. 4 to Contract No. 5505 with SunGard Public Sector, LLC, of Lake Mary, Florida, in the amount of $350,000 for Police and Lifeguard CAD/RMS purchases, and authorize the Mayor and City Clerk to execute the amendment. 10. Approval of On -Call Maintenance/Repair Services Agreement for Water Well and Water Pump Station Maintenance 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; b) Approve an on-call Maintenance/Repair Services Agreement with Layne Christensen Company for water well and water pump station maintenance services, and authorize the Mayor and City Clerk to sign the agreement. c) Approve an on-call Maintenance/Repair Services Agreement with Weber Water Resources CA, LLC for water well and water pump station maintenance services, and authorize the Mayor and City Clerk to sign the agreement. 11. Approve Amendment No. One to the Utilities On -Call Maintenance/Repair Services Agreement with T.E. Roberts, 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 Amendment No. One with T.E. Roberts, Inc. for utility on-call maintenance/repair services increasing the compensation limits by $200,000 for the remaining two year period of the agreement, and authorize the Mayor and City Clerk to execute the amendment. 12. Newport Theater Arts Center Building Improvements - Award of Contract No. 7022-2 (15F02) 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) Approve the project drawings and specifications; c) Award Contract No. 7022-2 to Optima RPM, Inc. for the total bid price of $188,851.00, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $29,000.00 (approximately 15 percent) to cover the cost of unforeseen work not included in the original contract. City Council Meeting June 28, 2016 Page 5 13. Special Event Support Program FY 17 Funding Recommendations 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) Approve the Special Event Support recommendations for Fiscal Year 2016-2017; c) Authorize staff to execute one-year grant agreements with event organizers for the Komen Orange County Race for the Cure, Newport Beach Restaurant Week and the Newport Beach Wine and Food Festival; d) Authorize staff to enter a three-year grant agreement for $135,000 per year, for a total of $405,000, with the organizers of the Newport Beach Film Festival; e) Approve Budget Amendment No. 17BA-001 to transfer $8,968 from account 01020202- 841046 to account 01005005-841046; f) Approve waiving the Special Event Permit Fees and any City site rental fees for the Art in the Park, Library Live and the Bunnies & Books Kids Festival events; and g) Approve changes to the Special Event Support Program, as detailed in the staff report. lill��Zd����G�lx�l�l►� 14. Planning Commission Agenda for the June 23, 2016 Meeting Receive and file. 15. City Insurance Renewals 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) It is recommended the City Council approve premium renewals with a) CSAC-EIA for excess general liability coverage and excess workers' compensation in an amount not to exceed $1,091,465 for the period of July 1, 2016, through June 30, 2017 and b) PEPIP for all risk property, earthquake and flood coverage in an amount not to exceed $821,485 for the period of July 1, 2016, through June 30, 2017. It is important to note that although negotiations for final premiums continue through July 1, 2016, the final premium figures will meet or come in below the total amount being requested. 16. Donation of the Sculpture Sphere 112 to the City of Newport Beach 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 the donation of Sphere 112 from the Newport Beach Arts Foundation into the City Art inventory as recommended by the Arts Commission. 17. 2015 Drinking Water Quality Report on Public Health Goals 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) Receive and file. 18. Update on Water Use and Conservation Efforts May 2016 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) Receive and file. City Council Meeting June 28, 2016 Page 6 ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. 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. XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVI. CURRENT BUSINESS 19. Newport Heights Sewer Improvements — Award of Contract No. 7028-2 (17503) a) Determine that the action is 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 has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 7028-2 to Mike Prlich and Sons, Inc. for the total bid price of $1,575,377.00, and authorize the Mayor and City Clerk to execute the contract; d) Establish an amount of $158,000.00 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 16BA-044 appropriating $612,100.00 from the Wastewater Capital unappropriated fund balance to Account No. 71201-980000-17503 (Sewer Main Lining and Repairs project). 20. Appointments to Boards and Commissions 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; b) Both Robyn Grant and Douglas Coulter have been nominated for seats on the Board of Library Trustees and the Civil Service Board. To allow for an orderly appointment process, staff recommends the City Council consider Mrs. Grant's and Mr. Coulter's nominations prior to proceeding with the remainder of the appointments; and c) Make appointments to the Boards and Commissions from the nominees listed below. All new terms will be effective on July 1, 2016, with an expiration date of June 30, 2020, except for the unscheduled vacancy on the Board of Library Trustees which will expire on June 30, 2017. Board of Library Trustees [2 vacancies] Douglas Coulter Robyn Grant (incumbent) David Sheffner Paul Watkins Building and Fire Board of Appeals [2 vacancies] (only received two applications) Khosrow Nourmohammadi (Scum Nour) (incumbent) Rolly Pulaski City Arts Commission [2 vacancies] Michelle Bendetti Leigh Donaldson Vivien Hyman Lesley Miller City Council Meeting June 28, 2016 Page 7 Civil Service Board (Police and Fire nominees) [2 vacancies]* 1. Robyn Grant 2. Jane Della Grotta 3. Douglas Coulter 4. Douglas Wood 5. Sharon Wood * The Police and Fire representatives ranked the nominees (as noted above) for City Council consideration. Harbor Commission [1 vacancy] Ira Beer Paul Blank (incumbent) Parks, Beaches & Recreation Commission [1 vacancy] David Granoff Shelly Trainor Planning Commission [2 vacancies] James Barone Bill Dunlap Lauren Kleiman Erik Weigand (incumbent) S21. Civic Center Audit - Status Report Please ask Ms. Gipson any questions you may have regarding the current status of the audit or the preliminary findings. XVII. 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. XVIII. 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.