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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING AUGUST 9, 2016 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 5:00 P.M./CLOSED SESSION - AFTER STUDY SESSION/ 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 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. 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. 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. 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 AUGUST 9, 2016 STUDY SESSION - 5:00 P.M./CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 P.M. ROLL CALL - 5:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Santa Ana Mountains to Sea National Monument U.S. Representative Ed Royce (R-CA39) is preparing to introduce legislation that would designate lands in the current Irvine Ranch National Natural Landmark (NNL) as a U.S. National Monument. The City's Buck Gully would be within the Monument area. Staff will present the reasons why the Monument designation is proposed. SS3. Short -Term Lodgings (STLs) Wrapping up a series of community workshops this past spring and early summer, the Community Development staff will present concepts for changes to the City's residential short-term lodging permit program. Agents and residents who operate short-term lodgings as well as neighbors adjacent to STLs have participated in the workshops. 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 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: Newport Beach Police Association (NBPA). B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Jeff Herdman v. Leilani I. Brown, City of Newport Beach, et al. Orange County Superior Court Case No. 30-2016-00864124-CU-WM-CJC V. RECESS City Council Meeting August 9, 2016 Page 2 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. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 15). 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. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the July 26, 2016 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. 3. Parking Restrictions - Corona del Mar High School Area a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Existing Facilities) and 15311 (Accessory Structures) of the CEQA Guidelines because it will have no potential to have a significant effect on the environment; City Council Meeting August 9, 2016 Page 3 b) Adopt Resolution No. 2016-99, A Resolution of the City Council of the City of Newport Beach, California, Establishing the North Side of Vista del Oro between Eastbluff Drive and Mar Vista Drive and the West Side of Mar Vista Drive between Domingo Drive and Vista del Oro as a "No Parking" Area; c) Adopt Resolution No. 2016-100, A Resolution of the City Council of the City of Newport Beach, California, Limiting the Parking of Vehicles on Arbutus Street, Aleppo Street, Alder Place, Almond Place, and Alta Vista Drive between Aleppo Street and Aralia Street; and d) Introduce Ordinance No. 2016-15, An Ordinance of the City Council of the City of Newport Beach, California, Amending Subsection 12.68.060(C) of the Newport Beach Municipal Code to Establish a Residential Parking Permit Program for Arbutus Street, Aleppo Street, Alder Place, Almond Place, and Alta Vista Drive between Aleppo Street and Aralia Street, and pass to second reading on September 13, 2016. ORDINANCES FOR ADOPTION 4. Second Reading of Ordinance No. 2016-13 for Zoning Code Amendment No. CA2016-003 for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32"d Street (PA2016-061) a) Addendum 1 to the previously certified Lido House Hotel Environmental Impact Report (SCH#20131110022) was adopted by the City Council on July 26, 2016, by Resolution No. 2016-88 concluding that no new environmental impacts and no impacts of greater severity would result from approval of the Ordinance; and b) Conduct second reading and adopt 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). 5. Second Reading of Ordinance No. 2016-14 Related to Change in Subsidies, Library and Parking Fines, and Updated Language for Installation Fee 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. 2016-14, 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. RESOLUTIONS FOR ADOPTION 6. Newport Heights Stop Signs 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 No. 2016-101, A Resolution of the City Council of the City of Newport Beach, California, to Post Stop Control on Gary Place, Powell Place, Aldean Place and Michael Place at their Intersections with 15th Street. 7. West Newport Mesa Streetscape Master Plan 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 No. 2016-102, A Resolution of the City Council of the City of Newport Beach, California, Approving the West Newport Mesa Streetscape Master Plan (PA2015-138). City Council Meeting August 9, 2016 Page 4 8. Proposed Assessment District No. 114 and 114b — Area Bounded by Riverside Avenue, 15th Street, Irvine Avenue & Cliff Drive a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302, item "d" of the CEQA Guidelines: "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 undergrounding;" b) Adopt Resolution No. 2016-103, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to take Proceedings Pursuant to the Municipal Improvement Act of 1913 and 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. 114 and 114b; c) Adopt Resolution No. 2016-104, A Resolution of the City Council of the City of Newport Beach, California, Preliminarily Approving the Assessment Engineer's Report and Fixing the Time and Place of the Public Hearing for Assessment District No. 114 and 114b; and d) Per City Council Policy L-28 (Assessment Ballot Guidelines), determine the City will not participate in the assessment balloting process for the Ensign View Park properties by neither casting a ballot in favor or against the assessment. CONTRACTS AND AGREEMENTS 9. Annual Concrete Pavement Replacement Program — Notice of Completion of Contract No. 6304 (16R11) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. (At the November 24, 2015 meeting, the project was found to be 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 acceptance by the City Council. 10. Water Main Replacement at Goldenrod Avenue and Coast Highway - Notice of Completion of Contract No. 7010-1 (15W01) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. (At the March 22, 2016 meeting, the 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 acceptance by the City Council. 11. Amendment to the Professional Services Agreement with Placeworks, Inc. for the Preparation of the Environmental Impact Report for the Proposed Museum House Residential Project Located at 850 San Clemente Drive (PA2015-152) 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 to the Professional Services Agreement, and authorize the Mayor and City Clerk to execute the Agreement. 12. Request for Policy Waiver to Install Private Improvements within the Public Right -of -Way at 300 Kings Place (N2016-0407) a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 150303 of the CEQA Guidelines because it will have no potential to have a significant effect on the environment; City Council Meeting August 9, 2016 Page 5 b) Waive Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow a 36 -inch high wood picket fence, a wooden entry gate, and appurtenances that encroach in excess of 1 -foot into the Kings Place right-of-way, contingent upon all conditions of the Encroachment Permit process being met; and c) Direct staff to enter into an Encroachment Agreement with the Owners and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. IiURRIZINW-1YNx011M 13. Response to the OC Grand Jury - "Drones: Know Before You Fly" 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 Mayor to send a response to the Presiding Judge. 14. Support for HR 3643 and HR 4745 Relating to the Interim Storage of Spent Nuclear Fuel from San Onofre Nuclear Generating Station (SONGS) 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 Mayor Dixon to sign letters as part of the Concerned Coastal Communities Coalition in support of HR 3643 and HR 4745 relating to an interim site for storage of spent fuel rods from SONGS. 15. Newport Beach & Company's 2017/2018 and 2018/2019 Destination Marketing Plan and Biennial Budget and the Newport Beach Tourism Business Improvement District's Fiscal Year 2016/2017 Annual Report and Budget 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) Authorize a waiver of the timelines provided in section 6 of the Agreement; c) Receive and file VNB's Biennial Marketing Plan; d) Review, approve and/or modify VNB's FY 2016/2017 and FY 2017/2018 budget; e) Review, approve and/or modify the NBTBID's FY 2016/2017 Annual Report; and f) Review, approve and/or modify the NBTBID's FY 2016/2017 budget. 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 August 9, 2016 Page 6 XVIII. PUBLIC HEARING 16. Second Reading of Ordinance No. 2016-11 to Amend the Stakeholder Business Structure and Annual Assessment Levied for the Newport Beach Restaurant Association Business Improvement District a) Hold a public hearing regarding amending the stakeholder structure and annual assessments levied for the Newport Beach Restaurant Association Business Improvement District; 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; and c) Conduct a second reading and adopt Ordinance No. 2016-11, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Stakeholder Business Structure and Annual Assessments Levied for the Newport Beach Restaurant Association Business Improvement District. 17. Ordinance to Waive Past Due Assessments and Associated Penalties for the Newport Beach Restaurant Association Business Improvement District Staff recommends continuing this item indefinitely. XIX. CURRENT BUSINESS 18. Request for Policy Waiver to Install Private Improvements within the Grand Canal Public Right -of -Way at 119 Grand Canal (N2016-0375) a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 150303 of the CEQA Guidelines because it will have no potential to have a significant effect on the environment; and b) Deny the Owners request for a waiver of Council Policy L-6 to construct a private raised concrete patio, fence, stairs and gate within the public right-of-way on the Grand Canal and direct applicant to revise the proposed improvements to comply with City Council Policy. 19. Proposal for Phases III and IV 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; and b) Authorize Phases III and IV of the Civic Center Sculpture Garden exhibition, as suggested by the City Arts Commission. 20. Calling the November 8, 2016 General Municipal Election — Ballot Measure (continued from the July 26, 2016 City Council meeting) 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) Adopt the following Resolutions pertaining to the General Municipal Election scheduled for Tuesday, November 8, 2016, pursuant to City Charter Section 1000: 1) Adopt Resolution No. 2016-105, A Resolution of the City Council of the City of Newport Beach Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 8, 2016, and Ordering the Submission of Proposed Amendments to the City Charter to the Electors, the "Newport Beach Taxpayer Protection Act,-" 2) Adopt Resolution No. 2016-106, 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; City Council Meeting August 9, 2016 Page 7 3) Adopt Resolution No. 2016-107, 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; 4) Adopt Resolution No. 2016-108, 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; and c) Designate a maximum of three City Council Members to draft a Direct Argument for the ballot measure and any Rebuttal Argument, if needed. OR d) Adopt one of the options presented in the July 26, 2016 staff report. XX. 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. XXI. ADJOURNMENT 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.