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Home My WebLink About20 - Formation of a Marine Avenue Preservation CommitteeQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report September 24, 2019 Agenda Item No. 20 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Grace Leung, City Manager - 949-644-3001 gleung@newportbeachca.gov PREPARED BY: David Webb, Public Works Director dawebb@newportbeachca.gov PHONE: 949-644-3330 TITLE: Resolution No. 2019-87: Formation of a Marine Avenue Preservation Committee ABSTRACT: At the June 11, 2019 meeting, the City Council voted to bring back an item to discuss the potential formation of a Marine Avenue Preservation Committee. The purpose of the committee would be to review City projects on Marine Avenue and provide a recommendation to the City Council regarding any project that would have a negative impact on the aesthetics of the streetscape. RECOMMENDATION: a) Find 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, Code of Regulations, Title 14, Chapter 3 because it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution 2019-87, A Resolution of the City Council of the City of Newport Beach, California, Creating the Marine Avenue Preservation Committee FUNDING REQUIREMENTS: Beyond the additional staff time and resources needed to administer and process projects through the Marine Avenue Preservation Committee ("Committee"), there is no anticipated fiscal impact related to this item. DISCUSSION: At the request of Councilmember Muldoon, the City Council voted to bring back an item to discuss the potential formation of a Marine Avenue Preservation Committee. As set forth in the proposed resolution, the Committee would be comprised of one representative from the Balboa Island Improvement Association (BIIA), one representative from the Balboa Island Merchants Association (BIMA), and one representative from the Balboa Island Preservation Association (BIPA), who would be charged to review any proposed City projects that would potentially change the look, feel or character of Marine Avenue between the North Bay Front of Balboa Island to Park Avenue. 20-1 Resolution No. 2019-87: Formation of a Marine Avenue Preservation Committee September 24, 2019 Page 2 Each group would select their representative and have a continuing obligation to inform the City Manager, in writing, of the name of its Committee representative if there are any changes. The Committee would review all applicable City projects, determining whether the project would have a negative impact on the aesthetics of Marine Avenue. If a project is determined to have a negative impact, it would not be implemented unless the City Council has reviewed the Committee's recommendation and authorized City staff to proceed. The Committee will be in effect until sunsetted by the City Council. Routine and necessary maintenance activities and projects that repair/replace infrastructure, facilities and street furniture in-kind would be excluded from this committee's review and approval. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Resolution No. 2019-87 20-2 ATTACHMENT A RESOLUTION NO. 2019-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CREATING THE MARINE AVENUE PRESERVATION COMMITTEE WHEREAS, the City of Newport Beach ("City") strives to maintain the historical character and aesthetics of its neighborhoods to promote tourism and maintain the quality of life for its residents; and WHEREAS, the City Council desires to create the Marine Avenue Preservation Committee that would be responsible for reviewing all proposed public projects within the public right-of-way on Marine Avenue, from the North Bay Front of Balboa Island to Park Avenue, that could impact the aesthetics of Marine Avenue, including, but not limited to, the visual aspects and physical features that comprise the appearance, look, character and historic feel of Marine Avenue, such as benches, trash receptacles, light fixtures, trees, crosswalks, and other street furniture located in the public right-of-way, and provide a recommendation to the City Council regarding any proposed project the Committee determines would have a negative impact on the aesthetics of Marine Avenue. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby create the Marine Avenue Preservation Committee ("Committee"), which shall be comprised of three (3) members in accordance with the procedures set forth in Attachment 1, which is incorporated herein by this reference. The limited purpose and responsibility of the Committee shall be to review all proposed public projects within the public right-of-way on Marine Avenue, from the North Bay Front of Balboa Island to Park Avenue, that could impact the aesthetics of Marine Avenue, including, but not limited to, the visual aspects and physical features that comprise the appearance, look, character and historic feel of Marine Avenue, such as benches, trash receptacles, light fixtures, trees, crosswalks, and other street furniture located in the public right-of-way, and to provide a recommendation to the City Council regarding any proposed project the Committee determines would have a negative impact on the aesthetics of Marine Avenue, as further described in Attachment 1. Section 2: The Committee shall be a standing advisory committee subject to the Brown Act. 20-3 Resolution No. 2019 - Page 2 of 3 Section 3: City staff shall not implement any proposed project, which is within the subject matter jurisdiction of the Committee, if the Committee determines a proposed project would have a negative impact on the aesthetics of Marine Avenue, unless the City Council has first reviewed the recommendation of the Committee regarding the proposed project and the City Council has authorized City staff to proceed with the proposed project. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The City Council finds the adoption of this resolution 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 20-4 Resolution No. 2019 - Page 3 of 3 Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 24th day of September, 2019. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S FFICE C Aaron C. Harp City Attorney Attachment: Attachment 1 - Marine Avenue Preservation Committee 20-5 Attachment 1 Marine Avenue Preservation Committee AUTHORIZATION: TYPE: MEMBERSHIP AND QUALIFICATIONS OF APPOINTED MEMBERS: MEMBERSHIP TERM: MEETINGS: Established by Resolution No. 2019-_ adopted on September 24, 2019. The Marine Avenue Preservation Committee ("Committee") is a standing committee subject to the Ralph M. Brown Act. There shall be three (3) members of the Committee as follows: A. One representative of the Balboa Island Preservation Association; B. One representative of the Balboa Island Improvement Association; and C. One representative of Balboa Island Merchants Association. The committee shall have a Chairperson and a Vice Chairperson appointed by the Committee. The Balboa Island Preservation Association, the Balboa Island Improvement Association and Balboa Island Merchants Association, shall have a continuing obligation to inform the City Manager, in writing, of the name of its Committee representative. Council Policy A-2 shall not apply to committee appointments. The term of the appointed members of the Committee shall be indefinite. Meetings shall be held as required by the business needs of the Committee in such locations, dates and times as allowed by the Ralph M. Brown Act. 1 20-6 STAFF SUPPORT: Staff support shall be provided primarily by the Citv Manager, the Public Works Department, and other staff as necessary. PURPOSE & RESPONSIBILITIES: A. Review all proposed public projects within the public right-of-way on Marine Avenue, from the North Bay Front of Balboa Island to Park Avenue, that could impact the aesthetics of Marine Avenue, including, but not limited to, the visual aspects and physical features that comprise the appearance, look, character and historic feel of Marine Avenue, such as benches, trash receptacles, light fixtures, trees, crosswalks, and other street furniture located in the public right-of-way; B. Determine whether any proposed project, within the subject matter jurisdiction of the Committee, would have a negative impact on the aesthetics of Marine Avenue; and C. Provide a recommendation to the entire Citv Council regarding any proposed project the Committee determines would have a negative impact on the aesthetics of Marine Avenue. EXPIRATION: The Committee's existence shall continue until sunsetted by the City Council. 2 20-7