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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.