HomeMy WebLinkAbout0 - AgendaSupplemental Agenda – Added Invocation and Item S18 (Consent Calendar)
CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION
AND
REGULAR MEETING
APRIL 26, 2016
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.
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 addre ssing 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 t he 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 conduc ted, 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 A ugust 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 contac t 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 (AD A) 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 accommodat e 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@newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
APRIL 26, 2016
STUDY SESSION - 4:00 P.M./CLOSED SESSION - AFTER STUDY SESSION/
REGULAR MEETING - 7:00 P.M.
I. ROLL CALL - 4:00 p.m.
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Presentation Regarding the Hero’s Hall Veterans Museum at the OC Fair and Events
Center – Hero’s Hall Veterans Foundation
SS3. California Business Officials Presentation
SS4. “Building Safety Month” Proclamation
SS5. Encroachments onto the Oceanfront at Balboa Peninsula Point
Several years ago, the California Coastal Commission issued “Notices of Violation” (NOVs) to
specific residences along the oceanfront at Balboa Peninsula Point, stating that various
landscaping and hardscaping improvements extending onto the sand were not permitted. The
City staff has worked with residents on ideas to remedy the NOVs and to remove certain
improvements. This issue also involves whether the improvements should remain at all, at what
size, at what fee (if any), and to what purpose the fee revenue should go.
SS6. A Newport Beach Sustainability Plan
A citizens group has developed a comprehensive sustainability plan with the intent of providing a
unified vision and roadmap for the City, its residents, and businesses in respect to conservation
and quality of life efforts. The proposed plan has defined “sustainability” through a series of goals
and programs that focus on the following topics: education, building/development, waste
reduction, transportation, energy, water conservation/quality, and urban outdoors. At the Study
Session, the City Council will hear a presentation on the proposed plan and different options for
implementation.
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, and Barbara Salvini, Human
Resources Director.
Employee Organizations: Part-Time Employee Association of Newport Beach (PTEANB).
City Council Meeting
April 26, 2016
Page 2
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 - Ms. Iman Saymeh, Orange County Islamic Foundation
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 - 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.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 12, 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.
ORDINANCES FOR ADOPTION
3. Adoption of Ordinance No. 2016-7 Approving Code Amendment No. CA2013-009 and
Ordinance No. 2016-8 Approving Planned Community Development Plan No. PC2011-001 for
the Back Bay Landing Project Located at 300 East Coast Highway (PA2011-216)
a) Conduct second reading and adopt Ordinance No. 2016-7, An Ordinance of the City Council of
the City of Newport Beach, California, Approving Revised Code Amendment No. CA2013-009 for
the Planned Community Known as Back Bay Landing (PA2011-216); and
City Council Meeting
April 26, 2016
Page 3
b) Conduct second reading and adopt Ordinance No. 2016-8, An Ordinance of the City Council of
the City of Newport Beach, California, Approving Revised Planned Community Development Plan
Adoption No. PC2011-001 for the Planned Community Known as Back Bay Landing (PA2011-
216).
CONTRACTS AND AGREEMENTS
4. Corona del Mar Pocket Park - Notice of Completion and Acceptance of Contract No. 6042
(15P15)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
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.
5. Corona del Mar Concrete Pavement Reconstruction - Poppy Avenue and Ocean Boulevard
Approval of Professional Services Agreement with Rick Engineering (17R12)
Approve Amendment No. 3 to the Professional Services Agreement (PSA) (C -5866) with Rick
Engineering Company of Lake Forest, California, for the Corona del Mar Concrete Pavement
Reconstruction - Poppy Avenue and Ocean Boulevard project at a not-to-exceed price of
$196,370.00, and authorize the Mayor and City Clerk to execute the amendment.
6. Agreement with the Laguna Beach County Water District
Approve and authorize the execution of an Agreement between the City of Newport Beach and the
Laguna Beach County Water District for the provision of an interruptible supply of potable water.
7. Lease Agreement Between the City of Newport Beach and Trico Newport Properties, LP,
Authorizing the City to Lease Space at 868-870 West 16th Street for Interim Recreation
Classrooms
a) Find the execution of the Lease Agreement is exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15301 (Existing Facilities) 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 and authorize the Mayor and City Clerk to execute a five-year lease agreement with
Trico Newport Properties, LP, in substantially the same form as the attachment to the staff report.
8. Agreement for Window Washing and Exterior Cleaning Services for Newport Beach Civic
Center, Police Department Headquarters and Marina Park
Approve and authorize the Mayor and City Clerk to execute the Maintenance Service Agreement with
Crown Building Services, Inc. for window washing and exterior cleaning services for the Civic Center,
Police Department Headquarters and Marina Park for five years with a total amount not to exceed
$294,775.
S18.Big Canyon Habitat Restoration & Water Quality Improvement Project: Approval of
Amendment No. 2 to the Burns & McDonnell Professional Services Agreement
Approve Amendment No. 2 to the Burns & McDonnell Professional Services Agreement to perform
additional planning and design tasks for the Big Canyon Habitat Restoration & Water Quality
Improvement project for a “not-to-exceed” fee of $123,856.00.
MISCELLANEOUS
9. Update on Water Use and Conservation Efforts March 2016
Receive and file.
10. Orange County Transportation Authority Senior Mobility Service Plan Approval
Approve the OCTA Senior Mobility Service Plan to include new guidelines established by the OCTA
Board of Directors.
City Council Meeting
April 26, 2016
Page 4
11. Appointments to the Aviation Committee
a) Confirm Mayor Dixon’s appointment of Warren Wimer as the District 1 Alternate Member to the
Aviation Committee;
b) Confirm Mayor Pro Tem Muldoon’s appointment of W. David Cook as the District 4 Alternate
Member to the Aviation Committee;
c) Confirm Council Member Peotter’s appointment of Lauren Kleiman as the District 6
Representative Member to the Aviation Committee; and
d) Confirm Mayor Dixon’s appointment of John Youngblood as the General Aviation Community
Member to the Aviation Committee.
12. Appointment by Mayor of Ad Hoc Appointments Committee to Review Applications and Make
Recommendations to the Full Council for the Board and Commission Vacancies
a) Confirm Mayor Diane Dixon’s appointment of Mayor Diane Dixon, Mayor Pro Tem Kevin
Muldoon, and Council Member Tony Petros to serve on the Ad Hoc Appointments Committee to
review applications and make recommendations to the full City Council for the Board and
Commission vacancies; and
b) Direct the City Clerk to post and publish a Vacancy Notice requesting that applications be
submitted by noon on Wednesday, May 11, 2016; schedule confirmation of nominees to be
made on June 14, 2016; and make appointments on June 28, 2016.
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
XVIII. PUBLIC HEARING
13. East Balboa Lot Reorientation (PA2016-010) - 1902 East Balboa Boulevard - Tentative Parcel
Map No. NP2016-002 (County Map No. 2015-188) - Zoning Code Amendment
No. CA2016-001
a) Conduct public hearing;
b) Find the proposed tentative parcel map and code amendment categorically exempt pursuant to
Section 15303 and Section 15315, of the California Environmental Quality Act (CEQA) Guidelines
- Class 3 (New Construction or Conversion of Small Structures) and Class 15 (Minor Land
Divisions);
c) Adopt Resolution No. 2016-53, A Resolution of the City Council of the City of Newport Beach,
California, Approving Tentative Parcel Map No. NP2016-002 for 1902 East Balboa Boulevard
(PA2016-010); and
d) Introduce Ordinance No. 2016-9, An Ordinance of the City Council of the City of Newport Beach,
California, Approving Code Amendment No. CA2016-001 Amending Setbacks for Property
Located at 1902 East Balboa Boulevard, and pass to second reading on May 10, 2016.
XIX. CURRENT BUSINESS
14. Overview of Proposed General Plan Amendments in Newport Center
a) Receive information on the anticipated public hearing schedules for the two pending General Plan
amendment applications in Newport Center, and general background information on the General
Plan amendment process; and
b) If desired, provide direction to City staff on the timing of the two applications.
City Council Meeting
April 26, 2016
Page 5
15. Sunset Ridge Park Coastal Development Permit Amendment Application for Access Road and
Parking Lot (17P13)
a) Adopt Resolution No. 2016-54, A Resolution of the City Council of the City of Newport Beach,
California, Certifying an Addendum to the Final Environmental Impact Report for the Sunset
Ridge Park Project (State Clearinghouse No. 2009051036) and Approving the Modified Park
Public Access Road and Parking Lot for Sunset Ridge Park; and
b) Authorize City staff to submit a CDP Amendment application to the California Coastal
Commission for the construction of a park public access road and parking lot for Sunset Ridge
Park.
16. Lower Sunset View Park Conceptual Design - Approval of Professional Services Agreement
with T.Y. Lin International (15T09)
Approve a Professional Services Agreement with T.Y. Lin International of Irvine, California, for the
Lower Sunset View Park project at a not-to-exceed price of $429,995.00, and authorize the Mayor
and City Clerk to execute the Agreement.
17. At the Request of Council Member Peotter, Consider Waiving Council Policy A-6 (Open
Meeting Policies) so that the City Council May Consider Whether to: (1) Confirm the Mayor’s
Appointment of a New Chairperson to the Finance Committee; (2) Remove Council Member
Curry from the Finance Committee; and (3) if Council Member Curry is Removed from the
Finance Committee: (a) Confirm the Mayor’s Appointment of a New Council Member to the
Finance Committee; and (b) Remove the Newly Appointed Council Member’s Citizen Advisor
Appointee from the Finance Committee (no staff report is provided with this item)
a) Waive City Council Policy A-6 relating to how a Council Member can place an item on the regular
City Council Meeting Agenda; and, if approved, consider:
b) Confirming the Mayor’s appointment of a new chairperson to the Finance Committee;
c) Removing Council Member Curry from the Finance Committee; and, if approved, consider:
d) Confirming the Mayor’s appointment of a new Council Member to the Finance Committee; and
removing the newly appointed Council Member’s citizen advisor appointee from the Finance
Committee.
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.