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HomeMy WebLinkAbout00 - AgendaAmended Agenda — Added Item to Closed Session and Item S19 to Consent Calendar �4 H L) CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING JUNE 13, 2017 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 6:00 P.M./CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 P.M. KEVIN MULDOON, Mayor DUFFY DUFFIELD, Mayor Pro Tem BRAD AVERY, Council Member DIANE B. DIXON, Council Member JEFF HERDMAN, Council Member WILL O'NEILL, 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. The agendas, minutes and staff reports are also available on the City's website: http://www.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(a�newportbeachca.gov). IV NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH JUNE 13, 2017 STUDY SESSION - 6:00 P.M./CLOSED SESSION REGULAR MEETING - 7:00 ROLL CALL - 6:00 p.m. [oil]NN:I►ii 31M IZ1*'R] SS1. Clarification of Items on the Consent Calendar - AFTER STUDY SESSION/ P.M. SS2. National Alzheimer's and Brain Awareness Month Proclamation SS3. Annual Mayor's Youth Council Report SS4. Sister Cities Update 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. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 2 matters Susan Bidart Riddle v. City of Newport Beach & John Vallely Orange County Superior Court Case No. 30-2015-00808124-CU-WM-CJC City of Newport Beach v. Insurance Company of the State of Pennsylvania United States District Court Case No. 8:16-cv-00483-JVS-KES V. RECESS VI. VII. VIII IX. X. XI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING 1:79711WOTA■N CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE INVOCATION 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 June 13, 2017 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— 11 and S19). 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. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the May 23, 2017 Special Joint Meeting with the Finance Committee and the May 23, 2017 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. RESOLUTIONS FOR ADOPTION 3. Adoption of Fiscal Year 2017-18 Appropriations Limit 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. 2017-39, A Resolution of the City Council of the City of Newport Beach, California, Determining and Establishing an Appropriations Limit (GANN) for Fiscal Year 2017-18 in Accordance with Article XI11B of the California Constitution and Government Code Section 7910, in the amount of $186,181,146. 4. Annual Measure M2 Eligibility Submittal 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) Adopt the Measure M 7 -Year CIP; c) Adopt Resolution No. 2017-40, A Resolution of the City Council of the City of Newport Beach, California, Concerning the Status and Update of the Circulation Element, Local Signal Synchronization Plan, Mitigation Fee Program, and Pavement Management Plan for the Measure M2 Program; and d) Direct staff to submit all necessary material to OCTA to satisfy the Measure M annual eligibility requirements. City Council Meeting June 13, 2017 Page 3 CONTRACTS AND AGREEMENTS 5. Balboa Village Entry Arch Sign Project — Notice of Completion for Contract C-7011-1 (Project No. 15M13) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On May 10, 2016, 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 acceptance by the City Council. 6. Median Landscape Turf Replacement — Award of Contract No. 8151-1 (161_02) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) (reconstruction of existing facility involving negligible or no 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 drawings and specifications; c) Award Contract No. 8151-1 to Diversified Landscape Management for the total bid price of $435,467.81, and authorize the Mayor and City Clerk to execute the contract; and d) Establish $45,000.00 (approximately 10 percent) contingency amount to cover the cost of unforeseen work not included in the original contract. 7. Professional Services Agreement with MetaSource, LLC for Document Archiving Services a) Find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly; b) Approve the professional services agreement with MetaSource, LLC for document archiving services for three years and a "not to exceed" maximum of $180,000; c) Authorize staff to amend the Fiscal Year 2017-18 budget, once adopted, to increase the appropriations by $60,000 in Account 01050005-811048 (Records Management Contracts) through a transfer from Account 765-300007 (Information Technology Strategic Fund for CDD's document archiving services); and d) Authorize staff to make the same $60,000 transfer annually for the subsequent two years of the professional services agreement (Fiscal Years 2018-19 and 2019-20). 8. Amendment No. One to Lease Agreement with Lighthouse Cafe, LLC, for the Restaurant Space at Marina Park Located at 1600 West Balboa Boulevard and a Waiver of City Council Policy B-13 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) Approve a waiver of City Council Policy B-13 (Public Use of City Facilities) allowing Lighthouse Cafe, LLC to obtain a Type 47 On -Sale General for Bona Fide Public Eating Place license for the restaurant premises only, based on the findings contained in the staff report and in Amendment No. One to the Lease Agreement, which conclude that the requested license would not impact the City or public use of Marina Park; and c) Approve and authorize the Mayor and City Clerk to execute a lease amendment with Lighthouse Cafe, LLC, in a form substantially similar to the amendment attached to the staff report. 9. Approval of Maintenance Repair Services Agreements with Tight Quarters and GCI for On -Call Beach Maintenance Services 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 City Council Meeting June 13, 2017 Page 4 b) Approve Maintenance Repair Services Agreements with Tight Quarters, Inc. and GCI Construction, Inc. in a form approved by the City Attorney, and authorize the Mayor and City Clerk to sign each agreement. Each on-call agreement is for a three-year term and carries a not to exceed cap of $300,000 for each contract's total three-year term. The total cost of both contracts over the three-year term shall not exceed $600,000. MISCELLANEOUS 10. Acquisition of 2017 Rule 20A Credits from the City of Mission Viejo (17M03) 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) Approve Budget Amendment No. 17BA-035 transferring $72,469.10 from Account No. 01201928-980000-17T11 (Arroyo Canyon Bike Trail) to Account No. 01201928-980000- 17M03 for SCE Rule 20A Credit Purchase; c) Authorize the City Manager to execute the Memorandum of Understanding (MOU) between the City of Newport Beach and City of Mission Viejo documenting details of transaction for the Rule 20A credit acquisition and to provide the City of Newport Beach first right of refusal to purchase additional Rule 20A credits from the City of Mission Viejo, as it becomes available, at a purchase rate of $0.55 on the dollar; and d) Authorize staff to process the Rule 20A credit transfer between the City of Newport Beach and City of Mission Viejo with SCE. 11. Board and Commission Scheduled Vacancies - Confirmation of Nominees 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) Waive the requirement in City Council Policy A-2 relative to having at least two (2) nominations for each vacancy as it pertains to the Building and Fire Board of Appeals vacancies; and c) Confirm the nominations as ranked by the City Council Ad Hoc Appointments Committee: Board of Library Trustees [1 vacancy/minimum 2 nominees] 1. Douglas Coulter (incumbent) 2. Hugh Logan 3. Thomas Malcolm Building and Fire Board of Appeals [3 vacancies] 1. Brion Jeannette (incumbent) 2. Richard Luehrs (incumbent) 3. Audrey Cook City Arts Commission [3 vacancies/minimum 6 nominees] 1. Lynn Selich (incumbent) 2. Michael Kerr (incumbent) 3. Miriam Baker 4. Grace Divine 5. Marie Little 6. Barbara Glabman Civil Service Board [1 vacancy/minimum 2 nominees] 1. Jane Della Grotta 2. Howard Herzog Harbor Commission [2 vacancies/minimum 4 nominees] 1. David Girling (incumbent) 2. Marie Marston 3. Donald Yahn 4. Ira Beer City Council Meeting June 13, 2017 Page 5 Parks, Beaches & Recreation Commission [2 vacancies/minimum 4 nominees] 1. Walter Howald (incumbent) 2. Heather Ignatin 3. Diane Daruty 4. Shelly Trainor Planning Commission [2 vacancies/minimum 4 nominees] 1. Elizabeth Kiley 2. Lauren Kleiman 3. Lee Lowrey 4. Curtis Elmore 5. Charles Fancher 6. Richard McNeil S19. Planning Commission Action Report for the June 8, 2017 Meeting Receive and file. 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. Resolution No. 2017-41: Confirming the Levying of Assessments for the Fiscal Year 2017- 2018 for the Corona del Mar Business Improvement District and Advisory Board appointments for Fiscal Year 2017-2018 a) Hold a public hearing regarding the renewal of the Corona del Mar Business Improvement District; b-1) If protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2017-41, A Resolution of the City Council of the City of Newport Beach, California, Confirming the Levying of Assessments for the Fiscal Year 2017-2018 for the Corona del Mar Business Improvement District; or b-2) If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the Corona del Mar Business Improvement District; c) 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 d) Appoint the following to the Corona del Mar Business Improvement District Advisory Board of Directors for fiscal year 2017-2018: Keith Dawson, Dawson & Dawson Edward Hanley, Hanley Investment Group Hamid Kianipur, 76 Gas Station Scott LaFleur, representing Cafe Jardin Scott Laidlaw, Laidlaw Schultz Architects Shawn Lim, Rose Bakery Cafe Bernie Svalstad, BPS Financial City Council Meeting June 13, 2017 Page 6 13. Resolution No. 2017-42: Confirming the Levying of Assessments for Fiscal Year 2017- 2018 for the Newport Beach Restaurant Association Business Improvement District and Advisory Board Appointments for Fiscal Year 2017-2018 a) Hold a public hearing regarding the renewal of the Newport Beach Restaurant Association Business Improvement District; b) 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; c-1) If protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2017-42, A Resolution of the City Council of the City of Newport Beach, California, Confirming the Levying of Assessments for Fiscal Year 2017-2018 for the Newport Beach Restaurant Association Business Improvement District; or c-2) If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the Newport Beach Restaurant Association Business Improvement District; and d) Appoint the following to the Newport Beach Restaurant Association Business Improvement District Advisory Board of Directors for fiscal year 2017-2018: Will Alovis, Sugar N Spice Philip Crowley, Modo Mio John DeFrenza, Crocker's "The Well Dressed Frank" Bruno Massuger, Newport Dunes Resort Matthew Meddock, Sessions West Coast Deli Dan Miller, The Village Inn Jordan Otterbein, A Restaurant & Market Kenyon Parr, Five Crowns & Side Door Christopher Roman, CUCINA enoteca Ron Schwartz, Muldoon's Irish Pub Jim Walker, The Bungalow Restaurant 14. Resolution No. 2017-43: Fiscal Year 2017-2018 Budget Adoption; City Budget Hearing; Recommendations from the Finance Committee; and Budget Checklist Items a) Conduct a public hearing on the City Manager's Proposed Budget for Fiscal Year 2017-2018. After taking public input, discuss Council Member recommendations for additions, deletions, or modifications to proposed budget via the budget checklist; b) 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; c) Conduct a straw vote on the "checklist" of budget revisions, including those items added, changed or removed during the public hearing. Based on the straw vote, checklist items approved will be included in the City's Fiscal Year 2017-2018 Approved Budget; d) Consider and, if appropriate, approve the Finance Committee's budget recommendations; and e) Adopt Resolution No. 2017-43, A Resolution of the City Council of the City of Newport Beach, California, Adopting the Budget for the 2017-18 Fiscal Year, as amended by Items a and c above. XIX. CURRENT BUSINESS 15. Newport Heights Alley Replacement — Award of Contract No. 7028-3 (15R18) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 Class 1 (c) (maintenance of existing public facilities involving negligible or no expansion of use); b) Approve the project drawings and specifications; c) Award Contract No. 7028-3 to NOBEST for the total bid price of $3,385,000.00, and authorize the Mayor and City Clerk to execute the contract; City Council Meeting June 13, 2017 Page 7 d) Establish $508,000.00 (approximately 15 percent) contingency amount to cover the cost of unforeseen work not included in the original contract; e) Approve Budget Amendment No. 17BA-036 transferring $857,970 in estimated project savings from 01201927-980000-15R14 (Corona del Mar Concrete Pavement Reconstruction Phase 2), $168,976 in project savings from 01201927-980000-15R13 (Corona del Mar Concrete Pavement Reconstruction Phase 1) and $134,942 in project savings from 01201926-980000-151_18 (Turf Replacement/Irrigation) to Account No. 01201927-980000- 15R18 (Newport Heights Alley Replacement); and f) Approve Amendment No. 2 to the Professional Services Agreement with TAIT & Associates, Inc. of Santa Ana, California, (TAIT) in the amount of $30,000.00 for additional engineering services, and authorize the Mayor and City Clerk to execute the Amendment. 16. Fire Station No. 6 Apparatus Bay Replacement — Award of Contract No. 6422-1 (16F11) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) 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) Waive the minor irregularities in the bid submitted by Metro Builders & Engineers Group, Ltd.; d) Declare Metro Builders & Engineers Group, Ltd. as the low responsive bidder; e) Award Contract No. 6422-1 to Metro Builders & Engineers Group, Ltd. for the total bid price of $977,868.00, and authorize the Mayor and City Clerk to execute the contract; f) Establish a contingency of $97,691.00 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract; and g) Approve a professional service agreement with GMU Geotechnical Inc. in the amount of $33,280.00 for soil testing, geotechnical and special inspections services. 17. A Municipal Code Amendment Regarding the Permit Process for Electric Vehicle Charging Stations 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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2017- 10, An Ordinance of the City Council of the City of Newport Beach, California, Adding Chapter 15.19 to Title 15 of the Newport Beach Municipal Code to Provide an Expedited, Streamlined Permitting Process for Electric Vehicle Charging Stations, and pass to second reading on June 27, 2017. 18. Appointment to the Visit Newport Beach, Inc. (VNB) Executive Committee 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) Appoint Doug Wood, Amy Olmstead or Jim Mosher (in ranked order) to fill the unscheduled vacancy on the VNB Executive Committee. 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 remaining. The timing light will turn red when the speaker has 10 seconds remaining. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE