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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING OCTOBER 25, 2016 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 4:30 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 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, 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 OCTOBER 25, 2016 STUDY SESSION - 4:30 P.M./CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 P.M. ROLL CALL - 4:30 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Local Coastal Program Implementation Plan Generally, State law suggests that it's desirous to have each coastal locality have its own Local Coastal Program (LCP). An LCP allows the local government to enforce and apply the California Coastal Act on behalf of the Coastal Commission, which eases the workload on the Commission and shortens the time and trek for local residents. To that end, the City already has an approved Coastal Land Use Plan (CLUP) which tells how zoning and land use occurs in the part of town that's within the Coastal Zone. But to have a fully certified LCP, a city has to add an Implementation Plan (IP) to the CLUP. Therefore, a CLUP + an IP = an LCP. The City's IP was approved by the Commission in September 2016, and the City Council now would have to approve it as amended by the Commission. This Study Session helps explain the changes that the Commission made, and how that might impact our community. If Council is OK with the IP, it would come before the Council at a Regular Session for formal approval. 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)): 3 matters 1. Healthy Solutions Chiropractic v. City of Newport Beach, et al. Orange County Superior Court Case No. 30-2015-00821873-CU-EI-CJC 2. Merik Migliore v. City of Newport Beach, et al. Orange County Superior Court Case No. 2014-00720608-CJC 3. Andrew J. Marton, 111 v. City of Newport Beach, et al. Orange County Superior Court Case No. 30-2015-00817636-CU-PO-CJC B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - LIABILITY CLAIM (Government Code § 54956.9(d)(2), (e)(3)): 1 matter Claimant: Claims filed by CDO Investments, LLC (Hung V. Ong) for 325 Old Newport Boulevard, on October 22, 2015 and March 11, 2016 Records and will be available at the City Clerk's Office upon request. Agency: City of Newport Beach C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 2 matters 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 XI. NOTICE TO THE PUBLIC City Council Meeting October 25, 2016 Page 2 alleged flood damage at . The claims are 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 - 11). 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 October 25, 2016 Page 3 XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the October 11, 2016 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. RESOLUTIONS FOR ADOPTION 3. Authorize the City Manager and Police Chief to Execute Emergency Management and Homeland Security Grant Applications 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. 2016-116, A Resolution of the City Council of the City of Newport Beach, California, Providing Written Authorization to the State of California Governor's Office of Emergency Services of the Standard Assurances Required to Apply for Grants from the Federal Department of Homeland Security, Federal Emergency Management Agency, and authorizing City officials to execute Emergency Management and Homeland Security Grant Applications and documents. 4. Resolution in Opposition to Proposition 57 on the November 8, 2016 General Election Ballot 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) Waive Council Policy A-6; and c) Adopt Resolution 2016-117, A Resolution of the City Council of the City of Newport Beach, California, Opposing California Proposition 57 (The California Parole for Non -Violent Criminals and Juvenile Court Trial Requirements Initiative). CONTRACTS AND AGREEMENTS 5. Newport Elementary School Field Renovation - Memorandum of Understanding with Newport -Mesa Unified School District a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(H) maintenance of existing landscaping, of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and b) Approve the MOU between the City of Newport Beach and NMUSD for the Newport Elementary Field Renovation, and authorize the City Manager to sign. 6. Encroachment Agreement for Existing Improvements within the Public Right -of -Way in the Newport Center Area 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) Waive City Council Policy L-6, Private Encroachments in the Public Right -of -Way, to retain decorative bollards and planters that encroach in excess of 1 -foot into the public right-of-way at various locations in the Newport Center area; and c) Direct staff to enter into an Encroachment Agreement with the Owner, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. City Council Meeting October 25, 2016 Page 4 7. Selection of Broker of Record - Property and Casualty Insurance 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 the Mayor to enter into the proposed five-year (5) Professional Services Agreement with Alliant Insurance Services (Alliant) to act as the City's Property and Casualty Broker of Record; and c) Delegate authority to the City Manager to annually bind coverage and authorize the City Manager to approve premium payments in the amount of the annual premiums from the Council approved budget accounts designated for insurance for the term of the Professional Services Agreement. MISCELLANEOUS 8. Planning Commission Agenda for the October 20, 2016 Regular Meeting Receive and file. 9. Update on Water Use and Conservation Efforts - September 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. 10. Accept Donation of $350,000 from Newport Harbor Yacht Club and Budget Amendment for Central Avenue Public Pier and Plaza (171-112) a) Find the acceptance of the $350,000 donation for Central Avenue Public Pier exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines; and b) Accept NHYC's donation and approve Budget Amendment No. 17BA-014 to increase revenue estimates by $350,000 in Account 10103-561005 and appropriate $350,000 to Account 10101-980000-17H12 for Central Avenue Public Pier and Plaza Improvements project. 11. Summary Review of First Eight Months of Operation of the City's Visitor -Serving Marina at Marina Park (First Boating Season) 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. 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 October 25, 2016 Page 5 XVIII. PUBLIC HEARING 12. Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. (PA2010-150) a) Conduct a public hearing; b) Find this review exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; c) Find that Sober Living by the Sea, Inc. has demonstrated good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement; and d) Receive and file documents submitted by Sober Living by the Sea, Inc. to demonstrate good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement. XIX. CURRENT BUSINESS 13. Newport Harbor Yacht Club Reconstruction - 720 West Bay Avenue (PA2012-091) a) Find the adoption of the recommended ordinance exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Guidelines; and b) Introduce Ordinance No. 2016-16, An Ordinance of the City Council of the City of Newport Beach, California, Modifying the Effective Dates of City Council Resolution No. 2014-19, Resolution No. 2014-20, and Ordinance No. 2014-6 Regarding a Replacement Clubhouse for the Newport Harbor Yacht Club Located at 720 West Bay Avenue (PA2012-091), and pass to second reading on November 8, 2016. 14. Semeniuk Slough Maintenance Project - Award of Construction Contract (15X17) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304(H) - Minor Alteration of Land, 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) Authorize Mayor to execute a Cooperative Agreement 12-711 with Caltrans for its contribution of $500,000 to the project on a form approved by the City Attorney and Caltrans; d) Approve Budget Amendment No. 17BA-015 recognizing a contribution from Caltrans in the amount of $500,000, appropriating $500,000 to Account 13501-980000-15X17, and, appropriating $182,000 from Tidelands Maintenance Fund unappropriated balance to Account No. 10001-980000-15X17 for Semeniuk Slough Maintenance Project; e) Award Contract No. 3636B to ICS for the total bid price of $1,572,800.00, and authorize the Mayor and City Clerk to execute the contract; and f) Establish a ten percent contingency of $157,000 to cover the cost of unforeseen work not included in the original contract. 15. Police Headquarters and Fire Station No. 3 Roofing Project - Award of Contract No. 8211-1 (17F02) a) Staff recommends the City finds this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) (replacement or reconstruction of existing utility systems and/or facilities 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) Award Contract No. 8211-1 to The Garland Company, Inc. (Garland) for the amount of $944,703.00, and authorize the Mayor and City Clerk to execute the contract; and c) Include in the project construction contract contingency an allocation of $93,997.00 (approximately 10 percent of the total bid) to cover unforeseen conditions, extra work and/or material quantities. XX. XXI City Council Meeting October 25, 2016 Page 6 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. 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.