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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING JULY 26, 2016 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - CANCELLED/CLOSED SESSION - 6:00 P.M./ REGULAR MEETING - 7:00 P.M. DIANE B. DIXON, Mayor KEVIN MULDOON, Mayor Pro Tem KEITH D. CURRY, Council Member DUFFY DUFFIELD, Council Member EDWARD D. SELICH, Council Member SCOTT PEOTTER, Council Member TONY PETROS, 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 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 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. Study Sessions are usually held on the second and fourth Tuesdays of each month at 4:00 pm (subject to change). Regular meetings of the City Council are held on the second and fourth Tuesdays of each month at 7:00 p.m., except in the months of August and December when there will be at least one regular meeting in August and one regular meeting in December. 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/CouncilAgendas. 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 JULY 26, 2016 STUDY SESSION - CANCELLED/CLOSED SESSION - 6:00 P.M./ REGULAR MEETING - 7:00 P.M. ROLL CALL - 6:00 p.m. 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 agenda and non -agenda items, and are generally limited to three (3) minutes. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items. II�RX*39411&1**41012 A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City Manager, and Barbara Salvini, Human Resources Director; Negotiators. Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employee Association (NBPTEA); and Part -Time Employee Association of Newport Beach (PTEANB). B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 1 matter C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) and (e)(1): 1 matter IV. RECESS V. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. CLOSED SESSION REPORT VIII. PLEDGE OF ALLEGIANCE IX. INVOCATION City Council Meeting July 26, 2016 Page 2 X. PRESENTATION Fire Suppression on Newport Beach's Ocean Piers 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 • Amending the NBMC to allow for temporary displays of patriotic pennants over the public right-of-way on Balboa Island (Selich) 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 - 13). 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 July 12, 2016 Study Session and Regular 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. City Council Meeting July 26, 2016 Page 3 ORDINANCE FOR ADOPTION 3. Adoption of Ordinance No. 2016-10 Amending Chapter 5.20 of the NBMC Entitled Pawnbrokers, Secondhand Dealers and Junk Dealers 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) Conduct second reading and adopt Ordinance No. 2016-10, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Chapter 5.20 Entitled "Pawnbrokers, Secondhand Dealers and Junk Dealers." CONTRACTS AND AGREEMENTS 4. Dolphin and Tamura Shallow Water Well Rehabilitations - Notice of Completion for Contract No. 5981 (Project No. 15W11) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. (At the July 14, 2015 meeting, this project was found to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302); 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. 5. City Radio Tower Rehabilitation - Award of Contract No. 7094-1 a) Staff recommends the City finds this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) (reconstruction of existing facility involving negligible or no expansion of capacity) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Award Contract No. 7094-1 to Telcom, Inc. for the total bid price of $425,458.00, and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $42,500 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract; e) Authorize City Manager to execute a Reimbursement Agreement with the County of Orange for its contribution to the project on a form approved by the City Attorney; and f) Approve Budget Amendment No. 17BA-004 appropriating $184,000.00 from 800MhZ Equipment unappropriated balance to Account No. 75401-980000-16M13; $34,500 from Water Enterprise unappropriated balance to Account No. 70101-980000-16M13; $11,500 from Wastewater Enterprise unappropriated balance to Account No. 71101- 980000-16M13; and $25,000 from IT Equipment unappropriated balance to Account No. 76501-980000-16M13 for City Radio Tower Rehabilitation Project. 6. Seaview Lutheran Plaza Affordable Housing Grant a) Find the project to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities); b) Approve and authorize the Mayor and City Clerk to execute the Agreement with SVLP; and c) Approve Budget Amendment No. 17BA-005 transferring $800,000 from the Affordable Housing Reserve Account to fund the Project. City Council Meeting July 26, 2016 Page 4 7. School Resource Officer Program Agreement 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 the Agreement between the City of Newport Beach and the Newport -Mesa Unified School District to participate in the School Resource Officer Program ("Agreement"), and authorize the Mayor to execute the Agreement on behalf of the City. 8. Amendment No. One to Agreement for Temporary Laborer Services with Cathyjon Enterprises, Inc. DBA HB Staffing 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 the Amendment No. One to the Agreement with Cathyjon Enterprises, Inc. DBA HB Staffing for temporary laborer services, and authorize the Mayor and City Clerk to execute the agreement. 9. Amendment No. One to Agreement with Walt Harper for Landscape and Park Services Agreement 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. One to the on-call maintenance/repair agreement with Walt Harper for landscape and park services to increase the total amount not to exceed by $60,000, and authorize the Mayor and City Clerk to sign the agreement. MISCELLANEOUS 10. Planning Commission Agenda for the July 21, 2016 Meeting Receive and file. 11. Adoption of City's Discrimination and Harassment Prevention Policy 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 the revised City of Newport Beach Discrimination and Harassment Prevention Policy. 12. Update on Water Use and Conservation Efforts June 2016 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) Receive and file. 13. Annual Report on Council Discretionary Grant Funds 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) Receive and file. City Council Meeting July 26, 2016 Page 5 ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED 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. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIX. PUBLIC HEARINGS 14. The Residences at Newport Place Appeal (PA2014-150) Located at 1701 Corinthian Way, 1660 Dove Street, 4251, 4253, and 4255 Martingale Way, and 4200, 4220, 4250 Scott Drive a) Conduct a de novo public hearing; b) Determine that the action of referring the project to the Planning Commission is not a project as defined by the California Environmental Quality Act (CEQA); and c) Refer the application on appeal to the Planning Commission for further consideration due to changes proposed by the applicant. 15. Lido House Hotel Floor Area Expansion, Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061) a) Conduct a public hearing; b) Adopt Resolution No. 2016-88, A Resolution of the City Council of the City of Newport Beach, California, Adopting Addendum 1 to the Lido House Hotel Certified Environmental Impact Report (PA2016-061); c) Adopt Resolution No. 2016-89, A Resolution of the City Council of the City of Newport Beach, California, Approving General Plan Amendment No. GP2016-001 for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016- 061); d) Adopt Resolution No. 2016-90, A Resolution of the City Council of the City of Newport Beach, California, Approving Coastal Land Use Plan No. LC2016-001 for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016- 061); e) Adopt Resolution No. 2016-91, A Resolution of the City Council of the City of Newport Beach, California, Approving Site Development Review No. SD2016-005, Conditional Use Permit No. UP2016-015 for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061); and f) Introduce Ordinance No. 2016-13, An Ordinance of the City Council of the City of Newport Beach, California, Approving Zoning Code Amendment No. CA2016-003 for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061), and pass to second reading on August 9, 2016. 16. Amendments to Coastal Land Use Plan and Policy L-12 and the Establishment of a Comprehensive Program for Properties Along East Ocean Front to Allow Encroachments and to Remove Unpermitted Development Beyond the Encroachment Area (PA2013-057) a) Conduct a public hearing; City Council Meeting July 26, 2016 Page 6 b) Determine that the Coastal Land Use Plan amendment, per California Public Resources Code Section 21080.9 and California Environmental Quality Act ("CEQA") Regulation Section 15265, 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; c) Determine that the Council Policy L-12 Amendment and the East Ocean Front Comprehensive Encroachment and Removal and Replacement Program are exempt from CEQA pursuant to Section 15303 New Construction or Conversion of Small Structures of the CEQA Guidelines; d) Adopt Resolution No. 2016-92, A Resolution of the City Council of the City of Newport Beach, California, Approving Coastal Land Use Plan Amendment No. LC2013-002, Council Policy L-12 Amendment, and the East Ocean Front Comprehensive Encroachment and Removal and Replacement Program (PA2013-057); and e) Authorize staff to submit the Coastal Land Use Plan Amendment and the East Ocean Front Comprehensive Encroachment and Removal and Replacement Program to the California Coastal Commission for review and action. 17. Annual Update to Fees and Charges a) Conduct a public hearing; b) 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; c) Adopt Resolution No. 2016-93, A Resolution of the City Council of the City of Newport Beach, California, Adopting the Annual Update to Fees and Charges; d) Introduce Ordinance No. 2016-14, 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, Section 12.16.020 Related to Parking Penalties, Subsection 14.12.010(B) Related to Water Service Fees, and Ratifying Existing Library Fines, and pass to second reading on August 9, 2016; e) Adopt Resolution No. 2016-94, A Resolution of the City Council of the City of Newport Beach, California, Establishing the Penalty Amounts for Parking Related Violations and Administrative Fees for Processing Delinquent Parking Violations and Rescinding Resolution No. 93-53 and Resolution No. 94-29; and f) Adopt Resolution No. 2016-95, A Resolution of the City Council of the City of Newport Beach, California, Establishing Special Event Hourly Rates and Waiving Certain Special Event Fees and Charges for The Library Foundation and Arts Foundation. XX. CURRENT BUSINESS 18. Direction Regarding Resolution No. 2015-44 Related to the Previously Proposed City Charter Amendment 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. 2016-96, A Resolution of the City Council of the City of Newport Beach, California, Rescinding Resolution No. 2015-44 which Called and Gave Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 8, 2016, and Ordered the Submission of a Proposed Amendment to the City Charter to the Electors, the "Newport Beach Taxpayer Protection Act" (Measure - Require 5 of 7 Votes of the City Council to Propose Taxes); OR c) 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 July 26, 2016 Page 7 d) Adopt Resolution No. 2016-97, A Resolution of the City Council of the City of Newport Beach, California, Amending Resolution No. 2015-44 to Call and Give Notice of the Holding of a General Municipal Election to be Held on Tuesday November 6, 2018 and Ordering the Submission of a Proposed Amendment to the City Charter to the Electors, the "Newport Beach Taxpayer Protection Act" (Measure — Require 5 of 7 Votes of the City Council to Propose Taxes); OR e) Adopt the following resolutions pertaining to the General Municipal Election scheduled for Tuesday, November 8, 2016, pursuant to City Charter Section 1000, as presented in the June 14, 2016 staff report: 1) Adopt Resolution No. 2016-70, A Resolution of the City Council of the City of Newport Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 8, 2016, with the Statewide General Election to be Held on the Same Date Pursuant to California Elections Code Section 10403 for the Purpose of Submitting a Proposed Charter Amendment; 2) Adopt Resolution No. 2016-71, A Resolution of the City Council of the City of Newport Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures, and Directing the City Attorney to Prepare an Impartial Analysis; 3) Adopt Resolution No. 2016-72, A Resolution of the City Council of the City of Newport Beach, California, Providing for the Filing of Rebuttal Arguments for the City Measure Submitted to Voters at the General Municipal Election to be Held on Tuesday, November 8, 2016, Pursuant to California Elections Code Section 9285; f) Designate up to three City Council Members to draft a Direct Argument for the ballot measure and any Rebuttal Argument, if needed; and g) 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. 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 - In memory of Retired Fire Chief James (Jim) Reed Testimony given before the City Council is recorded. The timing light will turn yellow when the speaker has one minute left. The timing light will turn red when the speaker has 10 seconds left. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.