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HomeMy WebLinkAbout0 - Agendayi SRT n s �/_Iovt�� CITY OF NEWPORT BEACH CITY COUNCIL AGENDA NOVEMBER 22, 2016 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 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. The agendas, minutes and staff reports are also available on the City's website: http://www.newportbeachca.gov/agendas. 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(c�newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH NOVEMBER 22, 2016 REGULAR MEETING - 7:00 P.M. I. ROLL CALL - 7:00 p.m. Ill:l _1ki161:1 III. INVOCATION IV. 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. V. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) VI. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consideration of a Statement or Resolution Relating to Campaign Sign(s) Associated with Candidate Fred Ameri (Curry) VII. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 23). 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. VIII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the November 7, 2016 City Council Special 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 November 22, 2016 Page 2 ORDINANCE FOR INTRODUCTION 3. Coastal Implementation Plan Amendment for the Lido House Hotel Floor Area Expansion Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061) a) Find that all significant environmental concerns for the proposed project have been addressed in previously certified environmental documents; and b) Introduce Ordinance No. 2016-20, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Local Coastal Program, Title 21 of the Newport Beach Municipal Code, by Increasing the Maximum Allowable Floor Area for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061), and pass to second reading on December 13, 2016. ORDINANCES FOR ADOPTION 4. Adoption of the 2016 California Building Standards and Fire Codes with Local Amendments a Find the proposed actions are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, because they will not result in a physical change to the environment, directly or indirectly; b) Conduct second reading and adopt Ordinance No. 2016-17, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 15 of the Newport Beach Municipal Code to Adopt Amendments to Chapter 1 Division II of the 2016 California Building Code Designated as the Newport Beach Administrative Code; to Adopt the 2016 California Historical Code, the 2016 California Existing Building Code, the 2016 California Green Building Standards Code, and the 2016 California Energy Code; and to Adopt the Local Amendments to the 2015 International Property Maintenance Code, the 2016 Edition of the 2016 California Building Code, the 2016 Edition of the California Residential Code, the 2016 California Electrical Code, the 2016 California Mechanical Code, and the 2016 California Plumbing Code; and c) Conduct second reading and adopt Ordinance No. 2016-18, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 9 of the Newport Beach Municipal Code to Adopt the 2016 California Fire Code with Local Amendments. 5. Local Coastal Program Implementation Plan Second Reading (PA2013-001) a) Find the proposal is statutorily exempt from California Environmental Quality Act pursuant to Section 15265(a) (1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act; and b) Conduct second reading and adopt Ordinance No. 2016-19, An Ordinance of the City Council of the City of Newport Beach, California, Adding Title 21 to the Newport Beach Municipal Code and Approving the Local Coastal Program Implementation Plan, as Modified by the California Coastal Commission. RESOLUTIONS FOR ADOPTION 6. One Year Extension of Outdoor Dining Pilot Program for Balboa Village (PA2015-137) a) Find this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines; and b) Adopt Resolution No. 2016-120, A Resolution of the City Council of the City of Newport Beach, California, Approving a Second Year of the Outdoor Dining Pilot Program within Balboa Village. City Council Meeting November 22, 2016 Page 3 7. Approval of Measure M2 Expenditure Report 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. 2016-121, A Resolution of the City Council of the City of Newport Beach, California, Concerning the Measure M2 Expenditure Report for the City of Newport Beach for Fiscal Year Ending June 30, 2016. 8. Resolution No. 2016-122 Amending the Memorandum of Understanding with the Newport Beach Police Association 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. 2016-122, A Resolution of the City Council of the City of Newport Beach, California, Approving the Second Side Letter of Agreement to the 2014-17 Memorandum of Understanding between the City of Newport Beach and the Newport Beach Police Association Regarding Further Amendments Clarifying Motor Officer and Canine Officer Compensation Provisions. CONTRACTS AND AGREEMENTS 9. Cameo Shores Pavement Reconstruction - Notice of Completion for Contract No. 5891 (Project No. 15R02) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project (On May 24, 2016 the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant 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 Faithful Performance Bond one year after acceptance by the City Council. 10. 2014-2015 Citywide Slurry Seal Program - Notice of Completion for Contract No. 5895 (Project No. 15R04) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project (On April 28, 2015 the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant 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 Faithful Performance Bond one year after acceptance by the City Council. 11. Newport Theater Arts Center Building Improvements - Notice of Completion of Contract No. 7022-2 (Project No. 15F02) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project (This project was found exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301(a)); 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 Faithful Performance Bond one year after acceptance by the City Council. City Council Meeting November 22, 2016 Page 4 12. Central and Mariners Libraries Restrooms Rehabilitation Project - Award of Contract No. 8135-1(15F02) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines for Existing Facilities because the in-kind and in- place rehabilitation of the existing interior restrooms will not result in a physical change to the environment, directly or indirectly; b) Approve the project drawings and specifications; c) Award Contract No. 8135-1 to New Dynasty Construction Co. for the total bid price of $429,810.00, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency amount of $43,190 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract. 13. Approval of an Agreement with the County of Orange for Participation in the Surfside - Sunset Stage 13 Orange County Beach Erosion Control Project (1711-1105) a) Acknowledge that the Army Corps of Engineers, acting as the lead agency, will process the necessary environmental documentation for this project. The Army Corps will prepare an Environmental Assessment in accordance with NEPA (National Environmental Policy Act). The document will be circulated for public review once completed. It is anticipated that the project will have a Finding of No Significant Impacts (FONSI) as was determined in the 2008 Stage 12 Project; b) Authorize the Mayor to execute an agreement with County of Orange for a sand replenishment project in the Huntington Beach Littoral Cell that covers the stretch of shoreline between San Gabriel River and Newport Bay Harbor Entrance; and c) Approve Budget Amendment No. 17BA-016 appropriating $40,000 from the unappropriated Tidelands Maintenance Fund to Account No. 10001-980000-17H05 (Surfside -Sunset Coastal Sand Replenishment). 14. InfoSend, Inc. — Amendment to Professional Services Agreement for Document Printing, Mailing Services and Online Presentment 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) Waive Council Policy F-14, approve Amendment No. One ("Amendment") to the current PSA with InfoSend to provide document printing and mailing services, and online presentment, and authorize the Mayor and City Clerk to execute the Amendment. 15. Approve a Memorandum of Understanding with the California Coastal Commission (CCC) to Use the Donated Funds from Newport Harbor Yacht Club for the Central Avenue Public Pier Project a) Find the approval of the MOU between the City and the CCC for the use of donated funds for the Central Avenue public pier project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (construction of limited, new small facilities) of the CEQA Guidelines; and b) Authorize the City Manager to sign the MOU between the City and the CCC for the use of donated funds for the Central Avenue Public Pier project. 16. Amendment No. 1 to Agreement with Habitat for Humanity Orange County (C-6378) 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); and b) Approve and authorize the Mayor and City Clerk to execute the amendment to the agreement with Habitat OC. City Council Meeting November 22, 2016 Page 5 17. Community Programs Grants for Fiscal Year 2016-2017 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) Pursuant to City Council Policy A-12, find that the organizations listed below provide services or programs that serve residents and are beneficial to residents' quality of life and authorize the allocation of $40,000 in Community Programs Grants in the following manner: Our Lady Queen of Angels Church - Helping Hands $7,100 Serving People in Need, Inc. (SPIN) 5,000 Share Our Selves Corporation (SOS) 5,000 Someone Cares Soup Kitchen 5,000 Council on Aging 3,000 Boys and Girls Clubs of Central Orange Coast 3,000 Newport -Mesa Family YMCA 3,000 Youth Employment Services (YES) 2,200 Newport Harbor High School 2,200 Newport Beach Sister City Association 1,500 Advocates for Grandparent -Grandchild Connection 1,500 Speak Up Newport 11500 TOTAL $40,000 c) Allocate $25,000 for the Balboa Island Historical Society and $10,000 for the Newport Beach Historical Society. 18. Agreement for As -Needed Athletic and Recreational Field Services with CSA Holdings, dba Sports Field Services 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 with CSA Holdings for as -needed athletic and recreational field services for a three year term, and authorize the Mayor and City Clerk to execute the agreement. 19. Final Tract Map No 17386 for Mixed -Use Development Located at 3900 and 3928 East Coast Highway a) Find this project exempt from California Environmental Quality Act (CEQA) pursuant to Section 15268, Ministerial Projects (approval of final subdivision maps), of CEQA Guidelines because it has no potential for a significant effect on the environment; b) Review and approve Final Tract Map No. 17386 located at 3900 and 3928 East Coast Highway (attached) pursuant to Section 19.60.010 of the Municipal Code; and c) Review and approve the Subdivision Agreement for Final Tract Map No. 17386 pursuant to Section 19.36.010 of the Municipal Code, and authorize the City Manager and City Clerk to execute the Subdivision Agreement. MISCELLANEOUS 20. Planning Commission Agenda for the November 17, 2016 Meeting Receive and file. 21. Update on Water Use and Conservation Efforts - October 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. City Council Meeting November 22, 2016 Page 6 22. Request to Waive a Portion of Council Policy L-21 to Accommodate a Sidewalk Cafe (Outdoor Dining) within the Public Right -of -Way along Marine Avenue on Balboa Island Adjacent to the Village Inn Remove this item from the calendar. 23. Annual Reporting on Development Impact Fees and Development Agreements 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, review, and file the Annual Reports on Development Impact Fees and the Development Agreements. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED IX. ITEMS REMOVED FROM THE CONSENT CALENDAR X. 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. XI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XII. PUBLIC HEARINGS 24. Newport Coast Annexation and Development Agreement Extension (PA2015-165) — Newport Coast and Newport Ridge a) Conduct a public hearing; b) Find that all significant environmental concerns for the proposed project have been addressed in the previously prepared environmental documents certified by the County of Orange and described in Exhibit C of the Agreement and that no additional alternatives or mitigation measures should be considered in conjunction with the proposed project; and c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2016- 20, An Ordinance of the City Council of the City of Newport Beach, California, Approving the First Amendment to the Newport Coast Annexation and Development Agreement (DA2016-002), and pass to second reading on November 29, 2016. 25.191 Riverside Avenue Land Use and Zoning Amendments (PA2016-127) a) Conduct a public hearing; b) Find that the proposed project would not result in a potentially significant impact on the environment as documented in Negative Declaration ND2016-004 by adoption of Resolution No. 2016-123, A Resolution of the City Council of the City of Newport Beach, California, Adopting Negative Declaration ND2016-004 (SCH No. 2014011028) for Land Use and Zoning Amendments Located at 191 Riverside Avenue, pursuant to the California Environmental Quality Act; c) Adopt Resolution No. 2016-124, A Resolution of the City Council of the City of Newport Beach, California, Approving General Plan Amendment No. GP2016-002 and Local Coastal Plan Amendment No. LC2016-003 for Property Located at 191 Riverside Drive; and d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2016- 21, An Ordinance of the City Council of the City Of Newport Beach, California, Approving Code Amendment No. CA2016-005 for Property Located at 191 Riverside Avenue, and pass to second reading on December 13, 2016. City Council Meeting November 22, 2016 Page 7 26. Establishment of Fees for Coastal Development Permit Applications 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; and c) Adopt Resolution No. 2016-125, A Resolution of the City Council of the City of Newport Beach, California, Establishing a Coastal Development Permit Fee and a Coastal Development Permit Waiver Fee Pursuant to Newport Beach Municipal Code Section 21.50.040. XIII. CURRENT BUSINESS 27. Lido Fire Station No. 2 Replacement - Approval of Professional Services Agreement with WLC Architects (C-8269-1) a) Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) 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; and b) Approve a Professional Services Agreement (PSA) with WLC Architects of Rancho Cucamonga, CA for the Lido Fire Station No. 2 Replacement Project at a not -to -exceed price of $525,800.00, and authorize the Mayor and City Clerk to execute the Agreement. 28. Arches Diversion Project - Approval of Professional Services Agreement with Stantec Consulting Services Inc. (16X11) a) Determine the action is exempt from California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) Approve a Professional Services Agreement with Stantec Consulting Services Inc. (Stantec) to prepare a field survey, construction documents, storm drain easements, permit applications and perform flow and water quality monitoring for a not -to -exceed price of $249,786, and authorize the Mayor and City Clerk to execute the Agreement; and c) Approve Budget Amendment No. 17BA-017 recognizing $839,500 in revenue for Arches Diversion Project Account No. 1 3801-431 500-1 6X11 and reducing appropriations for this project from $890,000 to $839,500 in Account No. 13801-980000-16X11. 29. Review of Conceptual Street Layout Alternatives for Bayside Drive between East Coast Highway and Jamboree Road/Marine Avenue a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (for repair, maintenance and minor alteration of existing public facilities with negligible expansion) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and b) Review conceptual roadway alternative layouts and provide guidance on which alternative to possibly move forward with into the design phase. XIV. 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. XV. 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.