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HomeMy WebLinkAbout0 - Agenda/off 1 I� CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING FEBRUARY 14, 2017 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 3:30 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). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH FEBRUARY 14, 2017 STUDY SESSION - 3:30 P.M./CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 P.M. ROLL CALL - 3:30 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Presentation from the Orange County Human Relations Commission SS3. Recognizing Mr. Dean Zipser (Winner of the Franklin G. West Award by the Orange County Bar Association) SS4. Follow-ups from the 2017 Planning Session, Including a Review of Projects in the Facilities Financing Plan (FFP) Staff will review some of the information provided to and suggested by the City Council at the January 14, 2017 Planning Session for further direction. Some of the items include projects proposed for funding in the FFP, and staff may recommend that Council consider changes that slow or stop some projects. 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 LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 2 matters B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 3 matters Rubendario Cabrera v. City of Newport Beach, et al. Orange County Superior Court Case No. 30-2014-00726252-CU-PO-CJC Maria Balbuena v. City of Newport Beach, et al. Orange County Superior Court Case No. 30-2014-00724934-CU-PO-CJC Orange County Museum of Art v. City Council of the City of Newport Beach, et al. Orange County Superior Court Case No. 30-2017-00896448-CU-PT-CJC City Council Meeting February 14, 2017 Page 2 C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Properties: (1) 2807 Newport Boulevard, Newport Beach, CA 92663 (APN 047-031-22) (2) 500 32nd Street, Newport Beach, CA 92663 (APN 047-031-19) (3) 516 32nd Street, Newport Beach, CA 92663 (APN 047-031-20) (4) 530 32nd Street, Newport Beach, CA 92663 (APN 047-031-22) Agency Negotiators: Seimone Jurjis, Assistant Community Development Director Mark Vukojevic, Deputy Public Works Director/City Engineer Lauren Wooding, Real Property Administrator Negotiating Parties: (1) MNG Newport Beach, LLC (2) New Port Beach Mixed Development, LLP (3) Lido Associates II, LLC (4) Bishop of Protestant Episcopal Church in Los Angeles Under Negotiation: Price and Terms of Payment D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957 (b)(1)) Title: Dave Kiff, City Manager Aaron C. Harp, City Attorney Leilani Brown, City Clerk V. RECESS VI. VII. VIII IX. X. XI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE INVOCATION - Rabbi Young, Congregation B'nai Tzedek 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) City Council Meeting February 14, 2017 Page 3 XIII. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA Amendments to City Council Policy A-19 - Guidelines for Invocations (Muldoon) Updating the City's Wireless Telecommunications Facility and Public Rights -of -Way Ordinances, as well as Reviewing the Fee Schedule for Small Antenna Installations (Peotter) Study Session on Alternatives to Improve Safety on Ocean Front Walk (Dixon) l 17_\ 7 This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 21). 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. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the January 14, 2017 City Council Special Meeting and January 24, 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. ORDINANCE FOR INTRODUCTION 3. Prohibition of Water -Propelled Vessels Above the Water Surface in Newport Harbor 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) Introduce Ordinance No. 2017-2, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Subsection 17.20.060(B) and Repealing City Council Policy H-6 to Prohibit the Operation of Vessels Propelled by Water Above the Surface of Newport Harbor, and pass to second reading on February 28, 2017. RESOLUTIONS FOR ADOPTION 4. Appeal of the Approval of the Village Inn Use Permit and Waiver of City Council Policy L-21 Located at 127 Marine Avenue (PA2015-016) a) Determine that the project is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines per Section 15303 - Class 3 (Construction or Conversion of Small Structures) in that the improvements associated with the outdoor dining area are considered accessory to the main structure; City Council Meeting February 14, 2017 Page 4 b) Adopt Resolution No. 2017-9, A Resolution of the City Council of the City of Newport Beach, California, Upholding the Planning Commission's Approval of use Permit No. UP2016-012 to Establish an Outdoor Dining Area Associated with an Existing Restaurant at 127 Marine Avenue (PA2015-016); c) Waive portions of City Council Policy L-21, Sidewalk Cafe Standards and Procedures, to allow for a six-foot wide minimum pedestrian clear width sidewalk in a potentially heavy pedestrian traffic area; to allow a barrier that would be permanently bolted in place; to allow the outdoor dining area to be maintained above the level of the existing sidewalk; and to allow the outdoor dining area to be located less than ten feet from the corner of the building; d) Require Applicant to obtain an Annual Outdoor Dining Encroachment Permit and pay all applicable fees; and e) Direct staff to relocate a portion of the existing bike racks adjacent to the Village Inn to new bike corrals in the 200 and 300 blocks of Marine Avenue. 5. Petition Certification and Request for Funding for Proposed Assessment District No. 113 to Underground Overhead Utilities for West Balboa Island a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(d) (conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding); b) Adopt Resolution No. 2017-11, A Resolution of the City Council of the City of Newport Beach, California, Accepting Petition of Assessment District No. 113; and c) Approve Budget Amendment No. 17BA-022 appropriating $125,000.00 from the Assessment District No. 113 unappropriated Fund Balance to Account No. 66302-941006 (Assessment District 113 Engineering Services). 6. Adopt Resolution for Installation of a Stop Sign on Bay Avenue at Island Avenue a) Determine that this 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, California Code of Regulations, Title 14, Chapter 3), because it has no potential for resulting in physical change to the environment, directly or indirectly; and b) Adopt Resolution 2017-12, A Resolution of the City Council of the City of Newport Beach, California, to Post Stop Control on Bay Avenue at the Intersection with Island Avenue. CONTRACTS AND AGREEMENTS 7. Grand Canal Dredging Project - Phase 1 - Notice of Completion of Contract No. 8171-1 (Project No. 161-1112) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. This project was found 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); 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. 8. Water Master Plan (2017) - Approval of Professional Services Agreement with Arcadis U.S., Inc. (17W02) a) Determine the action is exempt from 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 a Professional Services Agreement with Arcadis U.S., Inc. of Irvine, California, for the Water Master Plan (2017) at a not -to -exceed price of $342,309.00, and authorize the Mayor and City Clerk to execute the Agreement. City Council Meeting February 14, 2017 Page 5 9. Lease Agreement for Animal Sheltering 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) Authorize the Mayor to sign a Lease Agreement with Home Free Animal Sanctuary, 20302 Riverside Drive, Newport Beach, CA 92660, for $66,000 per year for a period of three years with an option to extend the term by an additional two years. 10. Service Agreement with California Forensic Phlebotomy, 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) Waive the contract procurement requirements of City Council Policy F-14 and approve the single -source service agreement with California Forensic Phlebotomy, Inc. for a not -to - exceed cost of $150,000 during the term of the agreement, and authorize the Mayor and City Clerk to execute the agreement. 11. Approve Agreement with Climatec, LLC for Civic Center HVAC Control System Maintenance and Repair 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 Agreement with Climatec, LLC for Civic Center HVAC Control System Maintenance and Repair for a total amount not to exceed $205,440 for five years, and authorize the Mayor and City Clerk to sign the agreement. MISCELLANEOUS 12. Planning Commission Agenda for the February 9, 2017 Meeting Receive and file. 13. Budget Amendment to Accept a Check in the Amount of $23,621 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-023 to increase revenue estimates by $23,621 in account 01060005-431070 (California Literacy Campaign) and to increase expenditure estimates by the same amount in Division 01060604-711003 (Literacy Services). 14. Central Warehouse Flood 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-024 increasing revenue estimates for the insurance refund by $76,376.51 and increasing expenditure appropriations from Unappropriated General Fund Balance by $90,775.40. The net fiscal impact to the General Fund is a reduction in fund balance of $14,398.89. Please refer to the table in the `Funding Requirements' section of the staff report for additional details regarding expenditures and revenues related to this request. City Council Meeting February 14, 2017 Page 6 15. Request to Install Third Driveway Along the 4615 Brighton Road Frontage 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-2, Driveway Approaches, to allow the construction of a third driveway along the 4615 Brighton Road frontage within the public right-of-way; and c) Direct the property owner to process a revision to the approved building plan check to reflect the third driveway approach and new single car garage. The plan check shall be reviewed and approved by Public Works staff and an encroachment permit shall be obtained prior to the construction of the additional driveway approach within one calendar year upon receipt of approval. 16. Donation of the Sculpture Sphere 112 to the City of Newport Beach 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) Accept the donation of Sphere 112 from the Newport Beach Arts Foundation into the City Art Inventory, and approve the placement of the piece in its current site. 17. Review of City Council Policies 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 Mayor Kevin Muldoon, Council Member Will O'Neill, and Council Member Brad Avery to the Ad Hoc Committee to review all City Council Policies. 18. Mayor Appointment to the Orange County Sanitation District 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) Confirm Mayor Kevin Muldoon's appointment of Council Member Brad Avery as the alternate member to the OCSD. 19. Appointments to the Finance 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; b) Confirm Mayor Pro Tem Duffy Duffield's appointment of William Collopy to fill the unexpired balance of Council Member Will O'Neill's term on the Finance Committee and an additional one-year term; and c) Confirm Council Member Brad Avery's appointment of Joseph Stapleton, Council Member Jeff Herdman's reappointment of Larry Tucker, and Council Member Peotter's reappointment of Patti Gorczyca to serve on the Finance Committee for a one-year term. 20. Appointments 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; b) Waive the portion of Council Policy A-2 (Board, Commission and Committee Appointments) which requires two or more applications for each vacant seat; c) Reappoint Dennis Baker, Louis Denger, Fred Galluccio, Lawrence Houston, and George Robertson, and appoint Erin Delman to the Water Quality/Coastal Tidelands Management Committee; and d) Direct the City Clerk to re -advertise for the last vacant seat on the Water Quality/Coastal Tidelands Management Committee. City Council Meeting February 14, 2017 Page 7 21. Certification of Petition for Referendum of Resolution No. 2016-127 Relating to the Museum House Residential Project a) Determine this action is exempt from the 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, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and b) Receive and file the Orange County Registrar of Voters Certificate as to Verification of Signatures on Petition. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR EST/11110I►TiK 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 22. 15th Street Sidewalk Conceptual Approval - Newport Heights a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 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 based on the sidewalk being constructed within the improved right of way; and b) Review the conceptual sidewalk layout and provide guidance on the concept; approve the concept; waive City Council Policy G-1 and approve the removal of public trees to accommodate the sidewalk, and direct staff to work with the Parks, Beaches, and Recreation Commission on the selection of replacement trees; direct staff to bring back a budget amendment for the project; and incorporate the sidewalk work into the upcoming Newport Heights Concrete Alley 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 - In memory of Chip Donnelly and Ralph Rodheim 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.