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HomeMy WebLinkAbout0 - Agenda/off c 4s ,,P -9LIFpg Mn CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CLOSED SESSION AND REGULAR MEETING JANUARY 24, 2017 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH CLOSED SESSION - 6:00 P.M./REGULAR MEETING - 7:00 P.M. KEVIN MULDOON, Mayor DUFFY DUFFIELD, Mayor Pro Tem BRAD AVERY, Council Member DIANE B. DIXON, Council Member JEFF HERDMAN, Council Member WILL O'NEILL, Council Member SCOTT PEOTTER, 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(a)newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH JANUARY 24, 2017 CLOSED SESSION - 6:00 P.M./REGULAR MEETING - 7:00 P.M. I. ROLL CALL - 6:00 p.m. II. 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. III. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 1 matter B. 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). 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 - Rabbi Young, Congregation B'nai Tzedek X. 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. City Council Meeting January 24, 2017 Page 2 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. XI. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM E11all3>!117_10 This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 12). 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. XIII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the January 10, 2017 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. ORDINANCE FOR ADOPTION 3. Second Reading of Ordinance to Temporarily Extend the Nonexclusive Solid Waste Franchises 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. 2017-1, An Ordinance of the City Council of the City of Newport Beach, California, Temporarily Extending Nonexclusive Solid Waste Franchises from March 1, 2017 to November 8, 2017 to Ensure Adequate Provision of Solid Waste Collection Services within the City of Newport Beach. RESOLUTIONS FOR ADOPTION 4. Dissolution of the General Plan/Local Coastal Plan Implementation Committee 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. 2017-5, A Resolution of the City Council of the City of Newport Beach, California, Dissolving the General Plan/Local Coastal Plan Implementation Committee. City Council Meeting January 24, 2017 Page 3 5. Resolution No. 2017-6: Implementing Improvements and Efficiencies in the City Attorney's Office a) Determine that 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 it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2017-6, A Resolution of the City Council of the City of Newport Beach, California, Amending the Classification Plan, Salary Schedule, and Positions in the City Attorney's Office. CONTRACTS AND AGREEMENTS 6. Approval of Amendment No. 1 to Professional Services Agreement with Fountainhead Consulting Corporation for Park Avenue Bridge Replacement Project Construction Management Services (15R20) a) Find that construction management and inspection services are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines. For the construction, a Mitigated Negative Declaration (MND) was adopted by the City Council on November 24, 2014; and b) Approve Amendment No. 1 in the amount of $419,896.13 to the Professional Services Agreement with Fountainhead Consulting Corporation for construction engineering/ management and inspection services for a new not -to -exceed total price $1,264,643.87; and authorize the Mayor and City Clerk to execute the Amendment. MISCELLANEOUS 7. Planning Commission Agenda for the January 19, 2017 Meeting Receive and file. 8. Update on Water Use and Conservation Efforts November & December 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. 9. Harbor Commission 2017 Objectives 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 Harbor Commission's 2017 Objectives. 10. Request by the Board of Library Trustees for an Exception to Council Policy A-5, "Fund Raising/Contracts by City Boards, Commissions, or Committees" 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) Allow a temporary exception to Council Policy A-5, "Fund Raising/Contracts by City Boards, Commissions, or Committees" to allow the Board of Library Trustees to assist in the collection of funds on behalf of the Newport Beach Public Library Foundation for the specific purpose of the construction of a lecture auditorium on the Central Library site. City Council Meeting January 24, 2017 Page 4 11. Initiate a Zoning Code Amendment Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units a) Find that the action is not subject to the California Environmental Quality Act pursuant to Sections 15060(c)(2) and 15060(c)(3); and b) Initiate an amendment to Section 20.48.200 and other affected sections of the Newport Beach Municipal Code to appropriately reflect recent legislation affecting Accessory Dwelling Units and Junior Accessory Dwelling Units. 12. Filming Planning Commission Meetings; Amendment to Council Policy A-13 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; b) Direct staff as to whether Planning Commission meetings should be filmed and available for viewing through the City's website; and c) Consider an amendment to City Council Policy A-13 regarding commissioner conduct at taped Planning Commission meetings. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR XV. 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. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVII. PUBLIC HEARINGS 13. Issuance of Multi -Family Housing Revenue Bonds for the Uptown Newport Project by the California Statewide Communities Development Authority to TPG/TSG Venture I Acquisition, LLC a) Conduct a public hearing; b) Staff recommends the City Council find this action is not subject to the California Environmental Quality Act, 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and c) Adopt Resolution No. 2017-7, A Resolution of the City Council of the City of Newport Beach, California, Approving the Issuance by the California Statewide Communities Development Authority of Multi -Family Housing Revenue Bonds for the Uptown Newport I Apartments and Uptown Newport I/ Apartments. 14. Local Coastal Program Amendment for the Lido House Hotel Floor Area Expansion, Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061) a) Conduct a public hearing; b) Find that all significant environmental concerns for the proposed project have been addressed in previously certified environmental documents; and c) Adopt Resolution No. 2017-8, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Submission of an Amendment to the Certified Local Coastal Program Regarding an Increase of the Maximum Allowable Floor Area for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061). City Council Meeting January 24, 2017 Page 5 15. Appeal of the Approval of the Village Inn Use Permit and Waiver of City Council Policy L-21 Located at 127 Marine Avenue (PA2015-016) a) Conduct a public hearing; b) Determine that the project is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines per Section 15303 - Class 3 (Construction or Conversion of Small Structures) in that the improvements associated with the outdoor dining area are considered accessory to the main structure; c) Adopt Resolution No. 2017-9, A Resolution of the City Council of the City of Newport Beach, California, Upholding the Planning Commission's Approval of use Permit No. UP2016-012 to Establish an Outdoor Dining Area Associated with an Existing Restaurant at 127 Marine Avenue (PA2015-016); d) Waive portions of City Council Policy L-21, "Sidewalk Cafe Standards and Procedures," to allow for a six-foot wide minimum pedestrian clear width sidewalk in a potentially heavy pedestrian traffic area; to allow a barrier that would be permanently bolted in place; to allow the outdoor dining area to be maintained above the level of the existing sidewalk; and to allow the outdoor dining area to be located less than ten feet from the corner of the building; e) Require Applicant to obtain an Annual Outdoor Dining Encroachment Permit and pay all applicable fees; and f) Direct staff to relocate the existing bike racks adjacent to the Village Inn to new bike corrals in the 200 and 300 blocks of Marine Avenue. XIII. 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. XIX. 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.