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HomeMy WebLinkAbout0 - AgendaJ1_4 r ku �VPI0\ CSLfroRN'; CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL REGULAR MEETING DECEMBER 13, 2016 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH REGULAR MEETING - 5:00 PM/ REORGANIZATION - SPECIAL ORDER OF BUSINESS AT 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, 2"d 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 DECEMBER 13, 2016 REGULAR MEETING - 5:00 PM/ REORGANIZATION - SPECIAL ORDER OF BUSINESS AT 7:00 P.M. ROLL CALL - 5:00 p.m. PLEDGE OF ALLEGIANCE - Newport Elementary School Brownie Troop 4588 III. INVOCATION IV. PRESENTATIONS - PART ONE Presentation of Digital Cities Award Presentation of Certificates by Supervisor Michelle Steele to Outgoing Council Members (approximately at 5:30 p.m.) V. 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. VI. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION VII. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 14). Public comments are invited on Consent Calendar from members of the audience and from the teleconference location. 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. VIII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the November 22, 2016 and November 29, 2016 City Council Meetings 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. City Council Meeting December 13, 2016 Page 2 ORDINANCES FOR ADOPTION 3. Second Reading and Adoption of Ordinance No. 2016-20 Amending the Coastal Implementation Plan for the Lido House Hotel Floor Area Expansion, Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061) a) Find that all significant environmental concerns for the proposed project have been addressed in previously certified environmental documents; and b) Conduct second reading and adopt Ordinance No. 2016-20, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Local Coastal Program, Title 21 of the Newport Beach Municipal Code, by Increasing the Maximum Allowable Floor Area for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016- 061). 4. Second Reading and Adoption of Ordinance No. 2016-22 Adopting the Zoning Code and Local Coastal Program Amendments for 191 Riverside Avenue (PA2016-127) a) Find that the proposed amendments will have a less than significant impact upon the environment as stated in Negative Declaration No. ND2016-004 (SCH No. 2014011028) that was adopted by the City Council on November 22, 2016, by Resolution No. 2016-123; and b) Conduct second reading and adopt Ordinance No. 2016-22, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Zoning Code and Local Coastal Program Amendment for Property Located at 191 Riverside Avenue. 5. Second Reading and Adoption of Ordinance No. 2016-23 Amending the San Joaquin Plaza Planned Community Located at 850 and 856 San Clemente Drive and Ordinance No. 2016- 24 Approving a Development Agreement for the Museum House Residential Project located at 850 San Clemente Drive (PA2015-152) a) Find that the Museum House Project Environmental Impact Report (EIR) No. ER2016-002 (SCH No. 2016021023) certified by the City Council on November 29, 2016, by Resolution No. 2016-126 was prepared for the project in compliance with California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K-3; b) Conduct second reading and adopt Ordinance No. 2016-23, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Planned Community Development Plan No. PC2015-001 Amending the San Joaquin Plaza Planned Community (PC -19) Located at 850 and 856 San Clemente Drive; and c) Conduct second reading and adopt Ordinance No. 2016-24, An Ordinance of the City Council of the City of Newport Beach, California, Approving Development Agreement No. DA2016- 001 for the 100 -Unit Museum House Multi -Family Residential Project Located at 850 San Clemente Drive. RESOLUTION FOR ADOPTION 6. Authorize Submittal of Orange County Transportation Authority Grant Application for the Coast Highway and Old Newport Boulevard Improvement Project (15R19) a) Find the approval of this grant resolution not subject to the California Environmental Quality Act (CEQA) pursuant to 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(4)) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and b) Adopt Resolution No. 2016-131, A Resolution of the City Council of the City of Newport Beach, California, Approving the Submittal of an Intersection Capacity Enhancement Project to the Orange County Transportation Authority for Funding Under the Comprehensive Transportation Program for the Coast Highway and Old Newport Boulevard Improvement Project. City Council Meeting December 13, 2016 Page 3 CONTRACTS AND AGREEMENTS 7. East Coast Highway Traffic Signal Rehabilitation Project Notice of Completion for Contract No. 5418A (Project No. 15T04) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. (On 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. 8. Tidegate Improvement Project - Notice of Completion of Contract No. 6270 (Project No. 15H19) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project (On March 8, 2016, City Council found this project as exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15302(c)); 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 year after acceptance by the City Council. 9. Orange County Transportation Authority (OCTA) Project V - Community -Based Transit/ Circulators Cooperative Agreement C-6-1480 for Balboa Peninsula Shuttle/Trolley Project (17T13) 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) Amend the June 14, 2016 Council Approved Measure M2 seven-year CIP for fiscal years 2016-17 through 2022-23 to include the Balboa Peninsula Shuttle/Trolley Project; c) Approve Cooperative Agreement No. C-6-1480 between OCTA and the City of Newport Beach for Project V Community -Based Transit/Circulators; and d) Approve Budget Amendment No. 17BA-018, increasing revenue estimates by $685,454 in Account 1230053-431150 to recognize the OCTA grant; appropriating $685,454 in OCTA grant expenditures to account 1230053-980000-17T13; and appropriating $130,000 from the unappropriated Balboa Village Parking Fund to Account No. 53501-980000-17T13 for the Balboa Peninsula Shuttle/Trolley project. 10. Request to Construct Private Improvements within the Public Right -of -Way at 2200 Cliff Drive 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) Waive City Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow stairs with handrail and retaining walls that encroach in excess of 1 foot into the right-of-way and exceed 3 feet in height within the Cliff Drive and Irvine Avenue rights-of-way; and c) Direct staff to enter into an Encroachment Agreement with Owners, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. 11. Request to Retain Existing Private Improvements within the Public Right -of -Way at 432 Holmwood Drive 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; City Council Meeting December 13, 2016 Page 4 b) Waive City Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow stairs with handrail and retaining walls and lighting that encroach in excess of 1 foot into the right-of-way and exceed 3 feet in height within the Holmwood Drive right-of-way; and c) Direct staff to enter into an Encroachment Agreement with Owners, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. 12. Newport Heights Alley Replacement (Phase 1) - Reject all Bids - Contract No. 7028-3 (15R18) a) Find this project exempt from the California Environmental Quality Act pursuant to Section 15301(c) (maintenance activities with negligible or no 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) Reject all bids received for Contract No. 7028-3; and c) Direct staff to correct the scope of work and re -advertise for bids. 13. MetaSource, LLC Document Archiving Services Contract Amendment and Related Budget Amendment 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 contract amendment with MetaSource, LLC for document archiving services to increase the "not to exceed" maximum to $160,000; and c) Approve Budget Amendment No. 17BA-020 transferring $60,000 from the IT Strategic Fund 765-300007 to Records Management Contracts 01050005-811048. MISCELLANEOUS 14. Planning Commission Agenda for the December 8, 2016 Meeting Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED IX. ITEMS REMOVED FROM THE CONSENT CALENDAR X 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. XI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XII. CURRENT BUSINESS 15. Annual Concrete Replacement Program: FY17 - Award of Contract No. 7009-1 (17R06) 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, because it has no potential to have a significant effect on the environment; b) Approve the project specifications; City Council Meeting December 13, 2016 Page 5 c) Award Contract No. 7009-1 to S&H Civilworks for the total bid price of $739,940.00, and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $74,000 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 17BA-019 transferring $146,100 in project savings from 01201927-980000-16R11 (Annual Concrete Pavement Program FY16) to Account No. 01201927-980000-17R06; transferring $145,900 in project savings from 01201927- 980000-15R11 (15th Street/Balboa Boulevard Reconstruction) to Account No. 01201927- 980000-17R06; and transferring $129,000 in project savings from 12101-980000-15R11 (15th Street/Balboa Boulevard Reconstruction) to Account No. 12101-980000-17R06 (Annual Concrete Pavement Program FY17). 16. Corona del Mar Concrete Pavement Reconstruction - Poppy Avenue and Ocean Boulevard - Award of Contract No. 6189 (17R12) 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. 6189 to All American Asphalt for the total bid price of $1,216,033.00, and authorize the Mayor and City Clerk to execute the contract; and d) Establish $121,600.00 (approximately 10 percent) contingency amount to cover the cost of unforeseen work not included in the original contract. 17. Fire Station No. 6 Apparatus Bay Replacement (16F11) and Corona del Mar Fire Station No. 5/1-ibrary Replacement (15F12) - Reject All Bids for Contract No. 8136-2 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines. This exemption covers the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity of the structure replaced; b) Reject all bids received for Contract No. 8136-2 (Project Nos. 15F12 and 16F11); and c) Direct staff to re -scope and re -advertise for bids. XIII. REORGANIZATION - SPECIAL ORDER OF BUSINESS AT 7:00 P.M. PRESENTATIONS - PART TWO Presentation of Certificates by Assemblyman Matthew Harper to Outgoing Council Members Presentation of Gavel Plaque to Outgoing Mayor Diane Dixon and Remarks by Outgoing Mayor Presentation of Gifts to Outgoing Council Members Tony Petros, Keith Curry, and Ed Selich, and Remarks by Outgoing Council Members 18. Certification of General Municipal Election Results 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. 2016-132, A Resolution of the City Council of the City of Newport Beach, California, Reciting the Facts of the General Municipal Election Held on Tuesday, November 81 2016, Declaring the Result and Such Other Matters as Provided by Law. City Council Meeting December 13, 2016 Page 6 19. Administration of Oath of Office a) The City Clerk calls elected Council Members Brad Avery, Jeff Herdman, and Will O'Neill forward, the Oath of Office prescribed in the State Constitution is administered to the elected officials, and the City Clerk delivers to each elected Council Member a Certificate of Election; and b) The elected Council Members are seated at the Council dais. 20. Election of Mayor The City Clerk presides over the election of the Mayor. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. a) Conduct verbal nominations for Mayor and conduct election by roll call vote; b) The new Mayor is announced by the City Clerk; and c) The Mayor takes his/her proper place at Council dais. 21. Election of Mayor Pro Tem The Mayor presides over the election of the Mayor Pro Tem. The Mayor, in presiding, places all members of the Council on an equal basis to nominate and elect. a) Conduct verbal nominations for Mayor Pro Tem and conduct election by roll call vote; b) The new Mayor Pro Tem is announced by the City Clerk; and c) The Mayor Pro Tem takes his/her proper place at Council dais. 22. Seating Arrangements for City Council Council decides on seating arrangement of Council dais (per Council Policy A-10 [Miscellaneous, Part C], Council Members elected in 2014 would have first preference by alphabetical order, then Council Members elected in 2016 by alphabetical order). 23. Remarks a) Elected Council Members' remarks; and b) New Mayor's remarks. XIV. 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. XV. ADJOURNMENT - In Memory of Nathalie Goldstein and Robert Shelton 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.