Loading...
HomeMy WebLinkAbout00 - AgendaAmended Agenda — Added Invocation CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING APRIL 11, 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, 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. 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 APRIL 11, 2017 STUDY SESSION - 4:00 P.M./CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 P.M. ROLL CALL - 4:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. DMV/Proclamation Recognizing Donate Life California Month SS3. Proclamation Recognizing National Library Week SS4. FEMA Open Pacific Coast Study and New Flood Rate Insurance Maps Staff has been working with a consultant to determine an alternate approach to the regional flood plain designations proposed by the Federal Emergency Management Agency (FEMA). SS5. Mooring Administration Concepts for 2017-18, Future Harbor Services Staff will present concepts for a different model of administration of the harbor's 1,200 or so moorings, as well as ideas for improving customer service to all Harbor users (and Harbor - adjacent residents and businesses). Mooring administration is currently contracted to the Orange County Sheriff's Harbor Patrol division. 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 LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Paul Matheis v. City of Newport Beach Office of Administrative Hearings, Case No. 2016-070710 B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City Manager, Barbara Salvini, Human Resources Director; Peter Brown, Esq., Negotiators. Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL) and Newport Beach Police Association (NBPA). City Council Meeting April 11, 2017 Page 2 C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957 (b)(1)) Title: Dave Kiff, City Manager Aaron C. Harp, City Attorney Leilani Brown, City Clerk D. 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 - Dawn Anahid MacKeen, Author of The Hundred -Year Walk 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 - 16). 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. City Council Meeting April 11, 2017 Page 3 XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the March 28, 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. Waterfront Project Guidelines and Standards - Harbor Design Criteria, Commercial & Residential Facilities: Approve Revised Standards 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. Alternatively, determine this action is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment; b) Adopt Resolution No. 2017-22, A Resolution of the City Council of the City of Newport Beach, California, Amending the City's Waterfront Project Guidelines and Standards, Harbor Design Criteria - Commercial and Residential Facilities; and c) Introduce Ordinance No. 2017-8, An Ordinance of the City Council of the City of Newport Beach, California, Deleting Newport Beach Municipal Code Subsection 17.01.030(A)(2) and Amending Newport Beach Municipal Code Subsection 17.01.030(D)(1), 17.35.010(A), 17.50.040(A) and 17.50.050(D) Relating to the City's Waterfront Project Guidelines and Standards, Harbor Design Criteria - Commercial and Residential Facilities, and pass to second reading on April 25, 2017. ORDINANCE FOR ADOPTION 4. Harbor Mooring Regulation Modifications - Second Reading a) Determine this action is not subject to 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. Alternatively, the City Council finds the approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment; and b) Conduct second reading and adopt Ordinance No. 2017-7, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Title 17 Relating to Moorings. RESOLUTIONS FOR ADOPTION 5. Uptown Newport Planned Community Park In -lieu Fee Credits Determination Located at 4201-4301 Jamboree Road (PA2011-134) a) Determine the approval of park in -lieu fee credits is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and (3); and b) Adopt Resolution No. 2017-23, A Resolution of the City Council of the City of Newport Beach, California, Approving Park In -Lieu Fee Credits for the Uptown Newport Project (PA2011- 134). City Council Meeting April 11, 2017 Page 4 6. Revised Bus Parking Rates for Zone 29, the Balboa Pier Parking Lot 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. 2017-24, A Resolution of the City Council of the City of Newport Beach, California, Establishing a Revised Schedule of Rates for Users of Buses that Park in Off - Street Parking Meter Zone 29, Commonly Known as the Balboa Pier Parking Lot. CONTRACTS AND AGREEMENTS 7. Central Avenue Public Dock - Award of Contract No. 8197-1 (171-112) a) Find this project 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) Approve the project drawings and specifications; c) Award Contract No. 8197-1 to Associated Pacific Constructors, Inc. (APC) for the total bid price of $232,100.00, and authorize the Mayor and City Clerk to execute the contract; and d) Establish $23,900.00, approximately 10 percent, contingency amount to cover the cost of unforeseen work not included in the original contract. 8. Fire Station No. 4 Interior Renovation - Reject All Bids - Contract No. 8134-1 (16F11) a) Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) 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. 8134-1; and c) Direct staff to re -advertise for bids at a later time. 9. Fire Station No. 6 Apparatus Bay Replacement Project - Reject All Bids - Contract No. 6422-1 (16F11) a) Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) 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. 6422-1; and c) Direct staff to re -advertise for bids. 10. Request to Construct Improvements within Existing Flood Control Easement at 365 Newport Glen Court 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 City Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow the construction of a 10 -ft wide by 40 -ft long pool within the existing flood control easement; 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. Amendment No. One to Maintenance/Repair Services Agreement with Duke's Root Control, Inc. for Sewer Line Root Control Services a) Determine that the action is exempt from the California Environmental Quality Act (CEQ) 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 City Council Meeting April 11, 2017 Page 5 b) Approve Amendment No. One to the Maintenance/Repair Services Agreement with Duke's Root Control, Inc., for sewer root control services to increase the total not -to -exceed amount to $236,151 for the remainder of the term of the agreement, and authorize the Mayor and City Clerk to execute the amendment. 12. Amendment No. Two to On -Call Maintenance/Repair Services Agreement with GCI Construction, Inc. for Underground Utility Work 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) Approve Amendment No. Two with GCI Construction, Inc. for utility on-call maintenance/repair services increasing the compensation limits by $125,000 for the remaining one-year period of the agreement, and authorize the Mayor and City Clerk to execute the amendment. MISCELLANEOUS 13. Planning Commission Agenda for the April 6, 2017 Meeting Receive and file. 14. Pending Coastal Development Permit Waiver for De Minimis Development, Located at 129 46th Street (PA2017-017) a) Determine this action is not a project as defined 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 is to receive and file only and will not result in a physical change to the environment, directly or indirectly; and b) Receive and file. 15. Nominations to Fill the Vacancies on the Harbor Commission 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 the nominations of Ira Beer, Scott Cunningham, Jamshed Dastur, John Drayton, Paul Prioleauto and Donald Yahn to fill the two vacancies on the Harbor Commission. 16. Request to Install a Banner on the Newport Pier (N2017-0155) 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 City Council Policy L-16, Temporary Banners Extending Over the Public Right -of - Way, to allow the installation of a 71.25 -foot by 4.5 -foot Anaheim Ducks banner on the Newport Pier for a period of approximately two (2) months (mid-April to mid-June). 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 City Council Meeting April 11, 2017 Page 6 I:V/11=01-3I[ON :I=F_1N1►106-1 17. Local Coastal Program Amendment for the Lido House Hotel Floor Area Expansion Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061) a) Conduct a public hearing; b) Find that all significant environmental concerns for the proposed project have been addressed in previously certified environmental documents; c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2017- 9, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Local Coastal Program Amendment No. LC2016-001 as Modified by the California Coastal Commission Related to the CV -LV Coastal Zoning District for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061), and pass on to a second reading on April 25, 2017; and d) Adopt Resolution No. 2017-25, A Resolution of the City Council of the City of Newport Beach, California, Forwarding Ordinance No. 2017-9 to California Coastal Commission for a Determination of Adequacy to Implement Local Coastal Program Amendment LCP-5-NPB- 17-0010-1 as Modified by the Coastal Commission (PA2016-061). 18. Local Coastal Program Amendments a) Conduct a public hearing; b) Determine the actions to adopt the amendments related to the Local Coastal Plan Cleanup and the East Oceanfront Encroachment Program are statutorily exempt from California Environmental Quality Act (CEQA) pursuant to Section 15265(a) (1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act; c) Determine the action to adopt the Balboa Village Parking Management Overlay District amendment categorically exempt from CEQA pursuant to Sections 15301 (Existing Facilities), 15302 (Replacement or Reconstruction), and 15303 (New Construction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and d) Adopt Resolution No. 2017-26, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Submittal of Amendments to the Certified Local Coastal Program to the California Coastal Commission (PA2017-047, PA2017-046, and PA2013-057) for review and approval. XIX. CURRENT BUSINESS 19. Approval of a Service Agreement with Professional Parking Corporation for Transit Services for the Balboa Peninsula Shuttle/Trolley Project (17T13) 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) Approve a Service Agreement with Professional Parking, of Signal Hill, CA, for transit services for a not -to -exceed amount of $116,910.00 for the initial term of the agreement, with an option to renew the agreement in subsequent years through the year 2023. 20. Contract with Arts Orange County to Manage Phase III of the Sculpture Exhibition in Civic Center Park 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) Approve Budget Amendment 17BA-030 appropriating $155,731.00 from the Public Arts and Cultural Facilities Fund, 51403-811008 for the project management contract and to fund artist honorariums for Phase III; and c) Approve a contract with Arts Orange County for project management of Phase III of the Sculpture Exhibition in Civic Center Park for a total amount not to exceed $105,731.00, and authorize the Mayor and City Clerk to sign the agreement. City Council Meeting April 11, 2017 Page 7 21. Consider Proposed Decision of Administrative Law Judge (ALJ) Regarding a Disability Retirement in the NBFD 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) No specific recommendation is made regarding the action to be taken by the City Council. The City Council may take one of the following actions in accordance with applicable law: 1) Accept the decision of the ALJ and adopt Resolution No. 2017-27, A Resolution of the City Council of the City of Newport Beach, California, Adopting the Decision of the Administrative Law Judge Regarding the Industrial Disability Retirement of Paul Matheis, thereby approving the Industrial Disability Retirement of Paul Matheis; 2) Make minor technical, non -substantive modifications to the Proposed Decision, and then adopt the modified decision of the ALJ, and approve a Resolution adopting the modified decision of the ALJ, thereby approving the Industrial Disability Retirement of Paul Matheis; 3) Return the matter to the ALJ to take additional evidence or to another ALJ if the prior ALJ is not reasonably available; or 4) Reject the decision of the ALJ, and decide to hear the matter itself. Ji 16111IQ611707:a 101611! 6111111:1 111 101 ki 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.