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HomeMy WebLinkAbout0 - Agenda/off c 4s ,,P -9LIFpg Mn CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING FEBRUARY 28, 2017 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 4:00 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). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH FEBRUARY 28, 2017 STUDY SESSION - 4:00 P.M./CLOSED SESSION - AFTER 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. 2016 Junior Lifeguard of the Year A presentation to Zoe Ziebarth, Newport Beach Junior Lifeguard of the Year. SS3. Update on Various Harbor Programs and Projects The City's Public Works Department will update the Council on various projects, programs, and happenings in Newport Harbor. SS4. Harbor Mooring Regulation Modifications City staff, the Harbor Commission, and members of the Newport Mooring Association have worked on revisions to the City's regulations relating to moorings, including transfers, the waiting list, transparency, and more. This study session item is a chance to get the City Council's feedback on the possible changes before bringing the changes to a nighttime session for adoption. I11111111111111111111211:3N[9X016]LTA ILyiIALIkI'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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 883 West 15th Street, Newport Beach 92663; APN: 424-011-37 Agency Negotiator: Dave Kiff, City Manager and Carol Jacobs, Assistant City Manager Negotiating Parties: Pacifica Christian High School - Orange County, a California non-profit corporation Under Negotiation: Instruction to negotiator regarding price and terms of payment B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957 (b)(1)) Title: Dave Kiff, City Manager Aaron C. Harp, City Attorney Leilani Brown, City Clerk City Council Meeting February 28, 2017 Page 2 C. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6 (a)) Agency Designated Representative: Council Member Diane Dixon Unrepresented Employees: Dave Kiff, City Manager, Aaron C. Harp, City Attorney, and Leilani Brown, City Clerk. V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE X. INVOCATION 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 Sending a Letter in Support of St. James the Great Re -securing Their Church (Dixon) Summary of the Existing General Plan Designation and Zoning for the Newport Beach Tennis Club (Muldoon) Election and Campaign Reform (Dixon) Getting Confirmation from HOAs that a Proposed Residential Project Complies with the HOA's CC&Rs Prior to the City's Acceptance of the Building Plans (Herdman) Revisiting the Council's November 2016 Direction Regarding Bayside Drive Changes (Herdman, Muldoon) Study Session on Council Policy F-6 (Debt Management Policy) (O'Neill) City Council Meeting February 28, 2017 Page 3 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 - 11). 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 February 14, 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 ADOPTION 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) Conduct second reading and adopt 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. RESOLUTIONS FOR ADOPTION 4. Resolution Supporting Submission of Grant Applications Under the Orange County Transportation Authority (OCTA) Measure M2 Tier 1 Environmental Cleanup Program (17X12) 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 2017-13, A Resolution of the City Council of the City of Newport Beach, California, Supporting the Submission of a Grant Proposal for Funding Under the Orange County Transportation Authority Environmental Cleanup Tier 1 Grant Program and Authorizing the City Manager or Designee to Submit the Proposal. 5. Resolution to Revise Parking Restrictions Near Corona del Mar High School 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) Adopt Resolution 2017-14, A Resolution of the City Council of the City of Newport Beach, California, Establishing "No Parking" Restrictions on the Designated Streets on Specific Days and Times to Improve Street Sweeping Effectiveness and Repealing Resolution No. 2015- 73. City Council Meeting February 28, 2017 Page 4 CONTRACTS AND AGREEMENTS 6. Sewer Main Lining and Repairs Project - Notice of Completion for Contract No. 6363 (Project No. 15S03) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. (On June 14, 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 the acceptance by the City Council. 7. Balboa Island Seawall — Approval of Amendment No. 2 to the Professional Services Agreement with COWI (15H11) 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 Amendment No. 2 to the Professional Services Agreement (PSA) with COWI of Long Beach, California, for the Balboa Island Seawall Coping Repair at a not -to -exceed fee of $22,370.00, and authorize the Mayor and City Clerk to execute the Amendment. 8. Approve Amendment No. 2 with Great Scott Tree Service, Inc. for Tree Maintenance 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 Amendment No. 2 to the Maintenance Services Agreement with Great Scott Tree Service, Inc. to increase the total amount not to exceed to $1,700,000 per contract year, and authorize the Mayor and City Clerk to sign the agreement. 9. Agreement for Retiree Health Savings Plan Claims and Reimbursement Administration 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 award requirements in Council Policy F-14 and authorize the Mayor to enter into the proposed one-year administrative services agreement with Meritain to act as the City's RHS plan claims and reimbursement administrator pursuant to a single source justification. MISCELLANEOUS 10. Planning Commission Agenda for the February 23, 2017 Meeting Receive and file. 11. Water Quality/Coastal Tidelands Committee Appointments 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 Kevin Muldoon's appointment of Council Member Brad Avery as the Chair of the Water Quality/Coastal Tidelands Committee; c) Waive the portion of Council Policy A-2 (Board, Commission and Committee Appointments) which requires two or more applications for each vacant seat; and d) Reappoint Carl Cassidy to the Water Quality/Coastal Tidelands Committee. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED City Council Meeting February 28, 2017 Page 5 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. EST/IIWe] 7_1>17 =1001A&Ia361LyiEel 11wKdell]Z[NWe] Z Kole] IViILyi11tai:l:F_TgIVA1111*1 XIX. PUBLIC HEARING 12. Santa Ana Avenue Cottages Appeal Located at 20452 Santa Ana Avenue (PA2016-069) a) Conduct a de novo public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In -Fill Development) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; and c) Adopt Resolution No. 2017-15, A Resolution of the City Council of Newport Beach, California, Upholding the Planning Commission's Approval of Major Site Development Review No. SD2016-002 for a Seven -Unit Residential Condominium Project Located at 20452 Santa Ana Avenue (PA2016-069). EI: NN4ki11i3NR]IZ1**� 13. Lido Village and West Newport Water Main Replacement - Award of Contract No. 7001-2 (16W14) a) Find this project exempt from the California Environmental Quality Act pursuant to Sections 15302 (replacement of existing facilities involving negligible 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. 7001-2 to Paulus Engineering, Inc. for the total bid price of $3,152,928.00, and authorize the Mayor and City Clerk to execute the contract; d) Establish $300,000.00 (approximately 10 percent) contingency amount to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 17BA-026 appropriating $2,289,353.00 from the unappropriated Water Capital fund balance to Account No. 70201931-980000-16W14; appropriating $354,684.00 from the unappropriated Wastewater Capital fund balance to Account No. 71201-980000-16W14; and recognizing reimbursement revenue from Lido House, LLC in the amount of $43,390.30 and appropriating $43,390.30 to Account 13501- 980000-16W14 for the Lido Village Water Main Replacement project. 14. Newport Beach Sand Replenishment Maintenance - Award of Contract No. 8309-1 (171-104) a) Concur with the County of Orange Addendum IP -15-359 as part of Environmental Impact Report No. 583 as the necessary environmental clearances and regulatory permitting for the project; b) Approve the project specifications; c) Award Contract No. 8309-1 to GCI Construction, Inc. (GCI) for the amount of $753,475.00, and authorize the Mayor and City Clerk to execute the contract; and d) Approve Budget Amendment No. 17BA-027 appropriating project savings totaling $414,000.00 from the General Fund Capital unappropriated fund balance to Account No. 01201928-980000-17H04 for Beach / Bay Sand Management. City Council Meeting February 28, 2017 Page 6 15. 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 CEQA Guidelines Section 15270, which states that projects that a public agency rejects or disapproves are not subject to CEQA review. Alternatively, if the City Council decides to submit Resolution No. 2016-127 to the electorate, determine this action is exempt from 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) Repeal Resolution No. 2016-127 in its entirety (and the related approvals) by waiving full reading, directing the City Clerk to read by title only, introducing Ordinance No. 2017-3, An Ordinance of the City Council of the City of Newport Beach, California, Repealing All Approvals for the 100 -Unit Museum House Residential Project Located at 850 San Clemente Drive (PA2015-152), and passing to second reading on March 14, 2017; OR c) Direct the City Clerk to return at a future City Council meeting with resolutions calling for an election to submit Resolution No. 2016-127 to the electorate. XXI. 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. XXII. 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.