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HomeMy WebLinkAbout00 - Agenda� t_l o1 CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING APRIL 24, 2018 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 3:30 P.M. (PUBLIC WELCOME) CLOSED SESSION FOLLOWS STUDY SESSION REGULAR MEETING - 7:00 P.M. DUFFY DUFFIELD, Mayor WILL O'NEILL, Mayor Pro Tem BRAD AVERY, Council Member DIANE B. DIXON, Council Member JEFF HERDMAN, Council Member KEVIN MULDOON, 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. Agendas, minutes and staff reports are also available on the City's webpage at 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@newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH APRIL 24, 2018 STUDY SESSION - 3:30 P.M. (PUBLIC WELCOME) CLOSED SESSION FOLLOWS STUDY SESSION REGULAR MEETING - 7:00 P.M. ROLL CALL - 3:30 p.m. 11. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Ideas for Minimizing Construction -Related Parking Impacts in our Neighborhoods Community Development staff has prepared options that might limit or mitigate concerns about construction -related parking that can overwhelm other on -street parking in residential neighborhoods. SS3. Presentation: Newport Beach Sister City Association - an introduction of visiting students from Antibes, France 11-14[x-10I&Ti1=1►k&I 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. PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957(b)(1)): 1 matter Title: Initiation of Recruitment Process for New City Manager V. RECESS V1. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. INVOCATION X. PLEDGE OF ALLEGIANCE City Council Meeting April 24, 2018 Page 2 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. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consideration of changes to Council Policy A-1 (City Councin relating to methods by which agenda items are placed on the Council Agenda (Dixon) XIV. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 8). 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. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the April 10, 2018 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. CONTRACTS AND AGREEMENTS 3. MacArthur Boulevard Slope Landscaping Project — Notice of Completion Contract No. 8176-1 (151-01) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On October 10, 2017, the project was found to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332; 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 April 24, 2018 Page 3 4. Slurry Seal Program — Award of Contract No. 7169-1 (18R04) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) Class 2, (reconstruction of existing facility 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) Approve the project specifications; c) Award Contract No. 7169-1 to American Asphalt South, Inc. for the total bid amount of $770,400.00 and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $77,000.00 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 18BA-035 appropriating $260,000.00 from the General Fund Capital Projects unappropriated fund balance (cost savings from completed CIP projects) to Account No. 01201927-980000-18R04. 5. West Coast Highway Landscape Improvements Phase I - Award of Contract No. 7189-1 (181_11) a) Find this project 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 will not negatively impact the environment; b) Approve the project plans and specifications; c) Award Contract No. 7189-1 to All American Asphalt for the bid amount of $604,284.50 for West Coast Highway Landscape Improvements Phase I, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $60,500.00 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract. 6. Approval and Award of Agreement to Hardy & Harper, Inc. for Sidewalk Grinding 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; and b) Approve the agreement with Hardy & Harper, Inc. for sidewalk grinding services for a five-year term with a total not -to -exceed amount of $375,000, and authorize the Mayor and City Clerk to sign the agreement. 7. Agreement for Refuse Container Collection Services with Roberts Waste & Recycling, 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 the agreement with Robert's Waste & Recycling, Inc. for refuse container collection services for a five-year term with a total not -to -exceed amount of $2,400,000, and authorize the Mayor and City Clerk to execute the agreement. 8. Amendment to Central Parking System Agreement to Extend the Expiration Date to June 30, 2018 a) Determine 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. Five to the Agreement and authorize the Mayor and City Clerk to execute the Amendment. City Council Meeting April 24, 2018 Page 4 ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR XVII. 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. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIX. CURRENT BUSINESS 9. Appointment to the Water Quality/Coastal Tidelands Management Committee 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) Appoint one individual from the list below to fill the unexpired balance of Erin Delman's term on the Water Quality/Coastal Tidelands Management Committee. 1. Michelle Giron 2. Richard McNeil 3. Alison Ryffel 10. AB 1196 (Harper) and Contract with Don Schmitz and Associates 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) Direct the City Manager to provide the required notice to Mr. Schmitz to terminate the advocacy agreement for AB 1196 and to contact Assembly Member Harper's Office that the City no longer intends to pursue AB 1196, and to report back at a future date with alternatives to a Port Master Plan for Newport Harbor that may achieve similar general goals, including a Public Works Plan or a Master CDP for various in -Harbor activities and projects; or c) Direct the City Manager to discuss with Mr. Schmitz and Mr. Henschel one or more other alternatives to amend AB 1196 and continue advocating for the bill through the bill's first policy committee hearing in the State Senate; or d) End further advocacy and end further pursuit of a Port Master Plan or its alternatives during 2018. 11. Selection of an Executive Search Firm to Assist in the Recruitment of a New City Manager 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) Select an executive search firm to assist with the recruitment of a new City Manager. If the City of Newport Beach does not already have an existing agreement with the selected executive search firm, authorize the Mayor and City Clerk to sign an agreement with the selected executive search firm. City Council Meeting April 24, 2018 Page 5 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. EI:I1a101110ZILyi14►III III 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