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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CLOSED SESSION AND REGULAR MEETING OCTOBER 11, 2016 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH CLOSED SESSION - 6:00 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 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(a�newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH OCTOBER 11, 2016 CLOSED SESSION - 6:00 P.M./REGULAR MEETING - 7:00 P.M. ROLL CALL - 6:00 p.m. 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)): 1 matter Richard Vos and Jenelle Bernacchi v. City of Newport Beach, et al. United States District Court Case No. CV 6:15-768 JCG B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 1 matter 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 — Rev. Fernando Tamara, Orange County First Assembly of God X. PRESENTATIONS Friends of OASIS Update Recognition of 1025 W. Balboa Boulevard Cleanup 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 October 11, 2016 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 - 10). 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 September 27, 2016 Closed 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. RESOLUTION FOR ADOPTION 3. Vin Scully Day a) Waive City Council Policy A-6 relating to how a City Council Member may place an item on the regular City Council Meeting Agenda; if waived: b) Adopt Resolution No. 2016-115, A Resolution of the City Council of the City of Newport Beach, California, Recognizing October 11 as Vin Scully Day; and c) Determine that the adoption of Resolution No. 2016-115 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. CONTRACTS AND AGREEMENTS 4. Traffic Signal Modernization Project - Phase 8 Notice of Completion for Contract C-6079 (Project No. 15T11) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. (September 8, 2015, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301); 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 the acceptance by the City Council. City Council Meeting October 11, 2016 Page 3 5. Newport Boulevard Widening from 30th Street to Via Lido - Notice of Completion for Contract No. 4881 (Project No. 15R17) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. (In accordance with the California Environmental Quality Act (CEQA) guidelines, a Mitigated Negative Declaration was prepared, circulated for review, and adopted by City Council on October 28, 2014); 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 the acceptance by the City Council. 6. Grand Canal Dredging Project - Phase 1 of 3 Planned Permitted Projects - Award of Contract No. 8171-1 (161-112) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 4 Section 15304 (g) (Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies) 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. 8171-1 to Associated Pacific Constructors, Inc. (APC) for the total bid price of $397,000.00, and authorize the Mayor and City Clerk to execute the contract; d) Establish $38,000.00, approximately 10 percent, contingency amount to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 17BA-012 appropriating $84,000.00 from the unappropriated Tidelands Capital fund balance to Account No. 10101-980000-16H12 for Grand Canal Dredging Project - Phase 1 project. 7. Grant of Easement from Big Canyon Country Club for Big Canyon Creek Bypass Pipe Approve Big Canyon Country Club Grant of Easement needed to construct a bypass line for Big Canyon Creek as part of the Big Canyon Habitat Restoration and Water Quality Improvement Project, and authorize the Mayor and City Clerk to execute the Grant of Easement. (On May 10, 2016, City Council adopted Resolution No. 2016-58, A Resolution of the City Council of the City of Newport Beach adopting Mitigated Negative Declaration No. ND2016-001 (SCH# 201603 1011) for the Big Canyon Habitat Restoration & Water Quality Improvement Project (PA2016-046), pursuant to California Environmental Quality Act, State CEQA Guidelines and City Council Policy K-3.) MISCELLANEOUS 8. Planning Commission Agendas for the October 6, 2016 Regular Meeting Receive and file. 9. 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 2016/2017 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) Approve Budget Amendment No. 17BA-013 to increase revenue estimates by $18,000 in account 01060005-431070 (California Literacy Campaign) and to increase expenditure estimates by the same amount in Division 01060604-711003 (Literacy Services). 10. Confirm Appointments to the Balboa Village Advisory Committee to Represent the Balboa Village Merchants Association and ExplorOcean 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) Confirm the Mayor's BVAC appointments Merchants Association (BVMA) and Mike expire on December 31, 2016. City Council Meeting October 11, 2016 Page 4 of Marcel Ford to represent the Balboa Village Wheeler to represent ExplorOcean for terms that 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 11. Purchase and Sale Agreement with Lab Holding, LLC for the Balboa Theater Property, Located at 707 E. Balboa Boulevard a) Find the execution of a purchase and sale agreement is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines; and b) Authorize the City Manager to execute a purchase and sale agreement, in a form substantially similar to the attached agreement, and all associated documents, with Lab Holding, LLC to sell the property at 707-709 E. Balboa Boulevard for a price of $1,000,000. 12. Police Headquarters and Fire Station No. 3 Roofing Project - Award of Contract No. 8211-1 (17F02) a) Staff recommends the City finds this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) (replacement or reconstruction of existing utility systems and/or facilities 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) Award Contract No. 8211-1 to The Garland Company, Inc. (Garland) for the amount of $944,703.00, and authorize the Mayor and City Clerk to execute the contract; and c) Include a contingency allocation of $93,977.00 in the project construction contract (approximately 10 percent of the total bid) to cover unforeseen conditions, extra work and/or material quantities. 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 - In memory of Wendy Brooks 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.