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HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING MARCH 14, 2017 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 4:00 P.M./CLOSED SESSION - AFTER STUDY SESSION/ 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, 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. 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 MARCH 14, 2017 STUDY SESSION - 4:00 P.M./CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 P.M. ROLL CALL - 4:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Proclamation Commemorating the 110th Anniversary of the Newport Beach Chamber of Commerce SS3. Update on Harbor Programs and Projects Related to Water Quality Public Works will update the City Council on efforts underway to maintain good water quality in Upper and Lower Bay, including within the San Diego Creek Watershed. SS4. Commercial Marina Rates Community Development and Public Works staff will summarize a recent appraisal that would adjust rental rates for Newport Harbor's Commercial Marinas on City -controlled Tidelands, and will ask for City Council direction to bring the matter back for formal action. SS5. Early Look at the Proposed FY17-18 Capital Improvement Program (CIP) Public Works staff will summarize some of the major capital expenditures planned for Fiscal Year 2017-18, including facilities, streets, drainage, water, wastewater, tidelands, and more. 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, Barbara Salvini, Human Resources Director; and Peter Brown, Esq., Negotiators. Employee Organizations: Newport Beach Police Association (NBPA) B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Susan Bidart Riddle v. City of Newport Beach, John Vallely, et al Orange County Superior Court Case No. 30-2015-00808124-CU-WM-CJC City Council Meeting March 14, 2017 Page 2 C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957 (b)(1)) Title: Dave Kiff, City Manager Aaron C. Harp, City Attorney Leilani Brown, City Clerk D. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6 (a)) Agency Designated Representative: Council Member Diane Dixon Unrepresented Employees: Dave Kiff, City Manager, Aaron C. Harp, City Attorney, and Leilani Brown, City Clerk. V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE - Elizabeth J. Cron, Miss Newport Coast United States 2017 E1IZV19107_ 0Is] ZI 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 - 10). 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 March 14, 2017 Page 3 XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the February 28, 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. r•�:�•�Irr_-►rr���r•�:�L�rr:z•�•lr�►rr•�.v 3. Waterfront Project Guidelines and Standards — Harbor Design Criteria, Commercial & Residential Facilities: Approve Revised Standards 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. Alternatively, determine this action is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment; b) Adopt Resolution No. 2017-16, A Resolution of the City Council of the City of Newport Beach, California, Amending the City's Waterfront Project Guidelines and Standards, Harbor Design Criteria — Commercial and Residential Facilities; and c) Introduce Ordinance No. 2017-4, An Ordinance of the City Council of the City of Newport Beach, California, Deleting Newport Beach Municipal Code Subsection 17.01.030(A)(2) and Amending Newport Beach Municipal Code Subsections 17.01.030(D)(1), 17.35.010(A), 17.50.040(A) and 17.50.050(D) Relating to the City's Waterfront Project Guidelines and Standards, Harbor Design Criteria — Commercial and Residential Facilities, and pass to second reading on March 28, 2017. 4. Ordinance No. 2017-5: Reauthorization of the City's Public, Educational and Governmental Access Fee on State Video Franchises 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) Introduce Ordinance No. 2017-5, An Ordinance of the City Council of the City of Newport Beach, California, Reauthorizing the Public, Educational and Governmental (PEG) Fee on State Video Franchises Operating within the City of Newport Beach, and pass to second reading on March 28, 2017. ORDINANCE FOR ADOPTION 5. Second Reading of Ordinance No. 2017-3 to Repeal Approvals Related to the Museum House Residential Project Located at 850 San Clemente Drive (PA2015-152) a) Determine this action is exempt from the CEQA pursuant to CEQA Guidelines Section 15270, which states that projects that a public agency rejects or disapproves are not subject to CEQA review; and b) Conduct second reading and adopt Ordinance No. 2017-3, An Ordinance of the City Council of the City of Newport Beach, California, Repealing Approvals for the 100 -Unit Museum House Residential Project Located at 850 San Clemente Drive (PA2015-152). City Council Meeting March 14, 2017 Page 4 RESOLUTIONS FOR ADOPTION 6. Resolution to Accept and Agree to the Terms and Conditions of Categorical Exclusion Order CE-5-NPB-16-1 a) Find that City acceptance and agreement to the terms and conditions of Categorical Exclusion Order CE-5-NPB-16-1 is part of the certification of the Local Coastal Program and is therefore statutorily exempt from California Environmental Quality Act (CEQA) pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act; and b) Adopt Resolution No. 2017-17, A Resolution of the City Council of the City of Newport Beach, California, Accepting and Agreeing to the Terms of and Conditions of Categorical Exclusion Order CE-5-NPB-16-1. 7. Resolution No. 2017-18: Amendments to Council Policy F-10 (Civil Asset Forfeiture and Seizure Policy) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2017-18, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy F-10 Relating to Civil Asset Forfeiture and Seizure. MISCELLANEOUS 8. Planning Commission Agenda for the March 9, 2017 Meeting Receive and file. 9. Supporting St James the Great Episcopal Church a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) because this action will not result in a physical change to the environment, directly or indirectly; and b) Support Council Member Dixon's request to send a letter in support of St James the Great retaining their church property. 10. 2017 Election Reform 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) Form and confirm Mayor Kevin Muldoon's appointments of Council Members Diane Dixon, Jeff Herdman, and Scott Peotter to an Ad Hoc Committee to study and report back to the City Council regarding potential election reforms. This Ad Hoc Committee will automatically sunset once the committee concludes its work. 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. City Council Meeting March 14, 2017 Page 5 XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVIII. CURRENT BUSINESS 11. Newsracks/Fixed Pedestal Zones in Corona del Mar a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) 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; b) Rescind Ordinance No. 86-18; and c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2017- 6, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 5.70 of the Newport Beach Municipal Code in its Entirety Relating to Newspaper Racks and Designating Portions of Corona del Mar as Fixed Pedestal Zones, and pass to second reading on March 28, 2017. XIX. 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. 111L6111C7ill ILTA 1:4z III I Testimony given before the City Council is recorded. The timing light will turn yellow when the speaker has one -minute remaining. The timing light will turn red when the speaker has 10 seconds remaining. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.