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Home My WebLink About00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA i�l�]E� ��[�]�IA0U7:7x�3�1A_1:71Ptl��l�Lc SEPTEMBER 25, 2018 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 CLOSED SESSION - 6:00 P.M. 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 GRACE K. LEUNG, City Manager AARON C. HARP, City Attorney LEILANI I. 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 nevwortbeachca.aov/agendas. The City of Newport Beach's goal is to comply w-ith 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 citvclerk(o).nevwortbeachca.aovl. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 SEPTEMBER 25, 2018 CLOSED SESSION - 6:00 P.M. REGULAR MEETING - 7:00 P.M. I. ROLL CALL - 6:00 p.m. II. 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. III. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Grace K. Leung, City Manager, Carol Jacobs, Assistant City Manager, Barbara Salvini, Human Resources Director, and Peter Brown; Labor Negotiators. Employee Organizations: Newport Beach Lifeguard Management Association (NBLMA); Newport Beach City Employees Association (NBCEA); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employees Association (NBPTEA); Newport Beach Employees League (NBEL); and Part Time Employees Association of Newport Beach (PTEANB). IV. RECESS V. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. CLOSED SESSION REPORT VIII. INVOCATION IX. PLEDGE OF ALLEGIANCE X. 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. City Council Meeting September 25, 2018 Page 2 XI. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) XII. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion QTEMS 1 - 17). Public comments are also invited on Consent Calendar items. Speakers must limit comments to three (3) minutes. Before speaking, please state yourname 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. XIII. CONSENT CALENDAR :7Xf'P71jTCeZdyi4IIjT141*7V9jT10Id:7071jTf_9jTCd*7 1. Minutes for the September 11, 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. ORDINANCES FOR ADOPTION 3. Second Reading of Ordinance No. 2018-14 Updating Regulations Regarding Accessory Dwelling Units (PA2018-099) a) Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA; and b) Conduct second reading and adopt Ordinance No. 2018-14, An Ordinance ofthe City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2018- 003 to Implement Revisions to State Law Relating to Accessory Dwelling Units (PA2018- 099). 4. Second Reading of Ordinance No. 2018-15 Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery 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. 2018-15, An Ordinance of the City Council of the City of Newport Beach, California, Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery. RESOLUTIONS FOR ADOPTION 5. Newport Bay Water Wheel Project —Adoption of Mitigated Negative Declaration a) Adopt Resolution No. 2018-67, A Resolution of the City Council of the City of Newport Beach, Adopting Mitigated Negative Declaration No. ND2018-002 (SCH#2018081013) for the Newport Bay Water Wheel Project (PA2018-153), pursuant to the California Environmental Quality Act, State CEQA Guidelines and City Council Policy K-3; City Council Meeting September 25, 2018 Page 3 b) Approve Budget Amendment No. 19BA-008 recognizing revenue from the Ocean Protection Council in the amount of $1,680,000 (13801-431135-17X12) and appropriating $1,680,000 to 13801-980000-17X12 for Newport Water Wheel project contingent upon approval of the grant award by Ocean Protection Council; and c) Authorize the Mayor and City Clerk to execute a Cooperative Agreement with Ocean Protection Council for grant funding of Newport Bay Water Wheel contingent upon notification of grant award and review by the City Attorney's Office. 6. Proposed Assessment District No. 113 — West Balboa Island, North Bayfront, South Bayfront and Agate Avenue a) Staff recommends the City Council acknowledge that on February 14, 2017, the City Council deemed 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. 2018-68, A Resolution of the CityCouncil of the City of Newport Beach, California, Declaring its Intention to Take Proceedings Pursuant to the Municipal ImprovementAct of 1913 and to Issue Bonds Pursuant to the Improvement Bond Act of 1915, and Make Certain Findings and Determinations in Connection Therewith, All Relating to the Formation of Assessment District No. 113; c) Adopt Resolution No. 2018-69, A Resolution of the City Council of the Cityof NewportBeach, California, Preliminarily Approving the Assessment Engineer's Report and Fixing the Time and Place of the Public Hearing for Assessment District No. 113; d) Per City Council Policy L-28 (Assessment Ballot Guidelines), determine that the City will not participate in the AD -113 balloting process for the Carol Beek/Balboa Island Park or the public restroom property near the Ferry Crossing by neither voting for nor against the assessment; and e) Approve Budget Amendment No.19BA-009 appropriating $30,000 to Account No. 66302- 941006 for Engineering Services to ballot and tabulate voting for AD -113. Adopt a Resolution Supporting an Application by the City of Irvine for OCTA Measure M2 Regional Traffic Signal Synchronization Program Funding for the MacArthur Boulevard Corridor Project 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. 2018-70, A Resolution of the CityCouncil of the City of Newport Beach, California, Supporting an Application by the City of Irvine for the Orange County Transportation Authority's Measure M2 Traffic Signal Synchronization Program Funding for the MacArthur Boulevard Corridor Synchronization Project. 8. Resolution No. 2018-71: Amending Various Responsibilities of 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; and b) Adopt Resolution No. 2018-71, AResolution of the CityCouncil ofthe City of Newport Beach, California, Amending Various Responsibilities of the Finance Committee. 9. Resolution No. 2018-72: Amending City Council Reserve Policy F-2 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. 2018-72, A Resolution of the City Council of the CityofNewportBeach, California, Amending City Council Reserve Policy F-2. City Council Meeting September 25, 2018 Page 4 CONTRACTS AND AGREEMENTS 10. Ocean Pier Maintenance Project — Notice of Completion for Contract No. 7126-1 (171-103) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On October 24, 2017, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (minor alteration of existing public facilities with negligible 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) 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 acceptance by the City Council. 11. Approve a Cooperative Agreement with the City of Irvine for a Regional Traffic Signal Synchronization Project on the Culver Drive -Bonita Canyon Drive Corridor 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 Cooperative Agreement between the City of Newport Beach and the City of Irvine for the Culver Drive -Bonita Canyon Drive Corridor Regional Traffic Signal Synchronization Project (RTSSP). 12. Amendment No. One to Temporary Employment Agreement with Former City Employee Michelle Caldwell 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 City Manager to execute a Temporary Employment Agreement (TEA) with former employee Michelle Caldwell, who retired on December 28, 2012, to temporarily fill the position of Police Dispatcher until all vacancies can be filled. 13. Budget Amendment for Two New Crossing Guards for Newport Heights Neighborhood Schools 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 Budget Amendment No. 19BA-010 appropriating $20,034.00 from the unappropriated General Fund Balance to Account No. 01035354-811008. 14. Amendment No. 2 to Crossing Guard Services Agreement 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) Approve Amendment No. 2 to the Services Agreement with All City Management Services, Inc. of Santa Fe Springs, California, and authorize the Mayor and City Clerk to execute the Amendment; and c) Approve Budget Amendment No. 19BA-011 appropriating $10,017.00 from the unappropriated General Fund Balance to Account No. 01035354-811008. 15. Amendment No. Four to the Agreement with Newport Beach & Company for the Management of NBTV Programming and Operations 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 City Council Meeting September 25, 2018 Page 5 b) Authorize the City Manager to execute Amendment No. Four to the current Professional Services Agreement with Newport Beach & Company for the Management of NBTV Programming and Operations. Amendment No. Four would be subject to approval by the City Attorney and would: (1) extend the term of the agreement an additional four months (to expire on January 31, 2019); and (2) add $50,000 to the agreement for a new not -to -exceed total of $730,000. The not -to -exceed total includes the original agreement and the four subsequent amendments. 16. Amendment No. One to Professional Services Agreement with Harris Miller Miller & Hanson, Inc. for John Wayne Aircraft Noise Abatement Departure Procedure (NADP) Analysis 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. One to the current Professional Services Agreement with Harris Miller Miller & Hanson, Inc. for John Wayne Aircraft Noise Abatement Departure Procedure (NADP) Analysis for the additional analytical work requested, add $30,000 to the contract for a new total not -to -exceed value of $140,000, and authorize the Mayor and City Clerk to execute Amendment No. 1 to the agreement. MISCELLANEOUS 17. Planning Commission Action Report for the September 13, 2018 Special Meeting Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR XV. 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. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVII. PUBLIC HEARINGS 18. Call for Review of the Approval of the Variance and Coastal Development Permit for 3200 Ocean Boulevard (PA2017-208) a) Conduct a public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; and c) Adopt Resolution No. 2018-73, A Resolution of the City Council of Newport Beach, California, Approving Variance No. VA2017-002 and Coastal Development Permit No. CD2017-091 to Allow the Construction of a New Single -Family Residence for Property Located at 3200 Ocean Boulevard (PA2017-208). 19. Minor Amendments to the City's Local Coastal Program LC2017-002 a) Conduct a public hearing; b) Find the action statutorily exempt from the 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. Section 15265(a)(1), which exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program; and XVIII. City Council Meeting September 25, 2018 Page 6 c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2018- 16, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 21 of the Newport Beach Municipal Code to Approve Local Coastal Program Amendment No. LC2017-002, as Modified by the California Coastal Commission, and pass to second reading on October 9, 2018. 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. XIX. 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