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HomeMy WebLinkAbout0 - Agenda��•�uPoR� c'`1L1 FORl'�'Y' CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING OCTOBER 24, 2017 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION FOLLOWS 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, 2"6 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 citvclerk(@newportbeach ca. gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH OCTOBER 24, 2017 STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION FOLLOWS 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 to Burr -White Realty on its 50th Anniversary in Newport Beach SS3. Update on Traffic Signal Modernization and Technology Public Works/Traffic Engineering will summarize recent methods to ensure the safe and rapid flow of traffic through town, including discussing more use of Bluetooth technology and ideas about encouraging through traffic to bypass Corona del Mar by using Newport Coast Drive and the 73 Tollway. SS4. Peninsula Crosswalk Study (continued from the 10/10/17 City Council meeting) Public Works/Traffic Engineering will outline a recent review of crosswalks along Balboa Boulevard and Newport Boulevard, along with ideas to enhance pedestrian safety further. 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 LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City Manager, Barbara Salvini, Human Resources Director, Brian P. Walter and Peter Brown; Labor Negotiators. Employee Organizations: Newport Beach City Employees Association (NBCEA); Newport Beach Firefighters Association (NBFA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Lifeguard Management Association (NBLMA); and Newport Beach Professional and Technical Employee Association (NBPTEA). B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) (e) (2)): 8 matters City Council Meeting October 24, 2017 Page 2 The Newport Beach Police Management Association (NBPMA), the Newport Beach Police Association (NBPA), the Newport Beach Firefighters Association (NBFA), the Laborers International Union of North America Local 777 (as affiliated with and on behalf of the Newport Beach Professional and Technical Employees Association (NBTEA) and Newport Beach City Employees Association (NBCEA)), on behalf of the current and former members of said unions, as well as Vladimir Anderson and Robert Salerno, in their individual capacities, are aware of the United States Court of Appeals for the Ninth Circuit's decision in the case of Flores v. City of San Gabriel (9th Cir. 2016) 824 F.3d 890 which may result in litigation against the City of Newport Beach related to the calculation and payment of overtime compensation. C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) (e)(1)): 1 matter V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. INVOCATION X. PLEDGE OF ALLEGIANCE 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 - 13). 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. City Council Meeting October 24, 2017 Page 3 XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the October 10, 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. Resolution Affirming the City Manager's Authority to Administer and Manage the City's Employee Deferred Compensation and Health Savings Plans and Authority to Sign Related Contracts (continued from the 10/10/17 City Council meeting) 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) Adopt Resolution No. 2017-65, A Resolution of the City Council of the City of Newport Beach, California, Affirming the City Manager's Authority to Administer and Manage the City's 457 Plan and Retirement Health Savings Plan. 4. Adopt a Resolution Supporting an Application by the City of Irvine for the OCTA Measure M2 Regional Traffic Signal Synchronization Program for the Culver Drive - Bonita Canyon Drive Project 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. 2017-67, A Resolution of the City Council of the City of Newport Beach, California, Supporting an Application by the City of Irvine for the Orange County Transportation Authority's Measure M2 Traffic Signal Synchronization Program Funding for the Culver Drive - Bonita Canyon Drive Corridor Synchronization Project. 5. Resolution Authorizing CalRecycle Rubberized Pavement Grant Program Application 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. 2017-68, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal ofApplication(s) for -All CalRecycle Grants for which the City of Newport Beach is Eligible. CONTRACTS AND AGREEMENTS 6. Bonita Creek Sports Park Pickleball Courts — Notice of Completion for Contract No. 8130-2 (Project No. 17P12) a) On April 25, 2017, City Council found this action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing facilities) based on the project is a minor alteration of a public facility involving negligible expansion 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) 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 Faithful Performance Bond one (1) year after acceptance by the City Council. City Council Meeting October 24, 2017 Page 4 7. Central Avenue Public Dock Project — Notice of Completion for Contract No. 8197-1 (Project No. 171-112) a) On April 11, 2017, City Council found this action exempt from the California Environmental Quality Act (CEQA) pursuant to Class 4 Section 15303 Class 3 New construction or Conversion of Small Structures 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) 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 Faithful Performance Bond one (1) year after acceptance by the City Council. 8. Corporation Yards Painting Project — Award of Contract No. 7153-1 (18F02) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Minor Alteration of Existing Public Facilities with Negligible Expansion) 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) Declare the bid submitted by Harry H. Joh Construction as non-responsive and reject the bid submitted by Harry H. Joh Construction; d) Declare TL Veterans Construction, Inc. as the low responsive bidder; e) Award Contract No. 7153-1 to TL Veterans Construction, Inc. for the total bid price of $570,000.00, and authorize the Mayor and City Clerk to execute the contract; and f) Establish a contingency of $57,000.00 (10 percent) to cover the cost of work not included in the original contract. 9. Approval of Purchase of BlueTOAD Bluetooth Traffic Monitoring System a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) Approve Econolite, Inc. of Anaheim, California, via Single Source Selection for procurement of the BlueTOAD traffic monitoring system and Econolite Centracs related software module; and c) Authorize the City Manager to execute a Professional Services Agreement with Econolite, Inc. of Anaheim, California, for the procurement of the BlueTOAD traffic monitoring system for a not to exceed fee of $119,151.21. 10. Marina Management Services — Amendment to Agreement with Basin Marine and Budget Amendment a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) Approve Budget Amendment No. 18BA-009 appropriating $137,700 from the Tidelands Fund unappropriated fund balance to Account 1008014-811044 for Marina Management Services at Marina Park for the balance of FY 2017-18; and c) Approve Amendment No. 1 to the Professional Services Agreement with Basin Marine, Inc. to extend the term to December 31, 2018, and increase compensation by $214,200, for a total contract value of $581,400, for Marina Management Services at Marina Park. MISCELLANEOUS 11. Planning Commission Agenda for the October 19, 2017 Meeting Receive and file. City Council Meeting October 24, 2017 Page 5 12. Appointments to the Aviation 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; b) Confirm Council Member Avery's appointment of Charles (Steve) Byers as the District 2 Representative Member to the Aviation Committee; and c) Confirm Council Member Herdman's appointment of Patricia Janssen as the District 5 Alternate Member to the Aviation Committee. 13. Balboa Peninsula Pedestrian Crossing Study (continued from the 10/10/17 City Council meeting) 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) Receive and file the study; and c) Direct staff to prepare plans and specifications for the implementation of signing and striping improvements at uncontrolled crosswalks on the Balboa Peninsula, per the recommendations outlined in the Study. In addition, include funding in the FY 18/19 Capital Improvement Budget for sidewalk bulb -out installations and a flashing beacon installation. 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 HEARING 14. Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150) a) Conduct a public hearing; b) Find this review exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this review enforces an entitlement for use adopted by the City and has no potential to have a significant effect on the environment; c) Find that Sober Living by the Sea has demonstrated good faith compliance with the terms of the Zoning Implementation and Benefit Agreement; and d) Receive and file documents submitted by Sober Living by the Sea to demonstrate good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement. E/E�d11:7C7=1►11i i1b91►1*1� 15. Ocean Piers Maintenance Project — Award of Contract No. 7126-1 (171-103) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (minor alteration of existing public facilities with negligible expansion) 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; City Council Meeting October 24, 2017 Page 6 c) Award Contract No. 7126-1 to John S. Meek Company Inc. for the total bid price of $1,182,395.00, and authorize the Mayor and City Clerk to execute the Contract; d) Establish an amount of $236,000 (20%) to cover the cost of unforeseen work not included in the original contract; e) Authorize the City Manager to execute an Amendment on a form acceptable to the City Attorney to the current Professional Services Agreement with COWI Marine North America Inc. for up to $50,000 for additional design, inspection and construction support services that may be necessary to execute the construction contract; and f) Approve Budget Amendment No. 18BA-010 appropriating $ 937,000 from Tidelands Capital Fund unappropriated fund balance to Account No. 10101-980000-17H03 (Ocean Piers Maintenance and Repairs Project). 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