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Home My WebLink About0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING April 8, 2014 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 4:00 P.M. /CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM RUSH N. HILL, II Mayor EDWARD D. SELICH Mayor Pro Tern TONY PETROS Council Member NANCY GARDNER Council Member MICHAEL F. HENN Council Member LESLIE J. DAIGLE Council Member KEITH D. CURRY Council Member DAVE KIFF - City Manager AARON HARP - City Attorney LEILANI BROWN - City Clerk STEPHEN BADUM - Assistant City Manager TERRI CASSIDY - Deputy City Manager /Human Resources Director 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. 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. 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) except in the months of August and Decemberwhen there is one regular meeting. 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 August 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 contact City Clerk staff at (949) 644 -3005. The agendas, minutes and staff reports are also available on the City's website: http:/hvww.newportbeachca.gov/CouncliAgendas. 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 @newportbeachca.gov ). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH April 8, 2014 STUDY SESSION - 4:00 P.M. /CLOSED SESSION - AFTER STUDY SESSION/ REGULAR MEETING - 7:00 PM I. ROLL CALL 4:00 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 Study Session, Closed Session and Regular Meeting 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. As a courtesy, please turn cell phones off or set them in the silent mode. III. STUDY SESSION SS1. Clarification of Items on the Consent Calendar (4:00 p.m.) SS2. Arts Master Plan (4:05 p.m.) The City will soon embark on a plan to look at arts programs (sculpture, programs, shows, more) holistically across the community. Library Services Director, Tim Netherton and Rick Stein of the not - for- profit Arts Orange County will discuss the Arts Master Plan's scope of work with the Council. SS3. Early Look at the Capital Improvement Plan (CIP) (5:00 p.m.) Each year, we try to give the community and Council an "early -look" at the document and multi - million dollar budget that shows what we'll be constructing, paving, adding to, ripping out and replacing, etc for the coming year. These are water mains, wastewater lines, parks, libraries and fire stations, and much more. This is that chance. 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 Terri Cassidy, Deputy City Manager; 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). B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(a)) Pacific Shores Properties, LLC, at al. v. City of Newport Beach Newport Coast Recovery, LLC, at al. v. City of Newport Beach United States District Court, Central District Case Nos. CV08- 00457 -JVS (RNBx) & CV09- 00701 -JVX (RNBx) United States Court of Appeals, 9th Circuit Case Nos. 11 -55460 & 11 -55461 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 XI. PRESENTATION(S) Proclamation for "National Library Week" MADD Deuce Awards XII. 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. XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Public comments are invited on CONSENT CALENDAR. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. To the extent that 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. XV. CONSENT CALENDAR (ITEMS 1 - 14) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the March 25, 2014 City Council 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. B. ORDINANCE(S) FOR ADOPTION 3. Adoption of Ordinance No. 2014 -5 Amending Newport Beach Municipal Code Subsection 17.60.030(A) Relating to Residential Pier Permits Conduct second reading and adopt Ordinance No. 2014 -8, An Ordinance of the City Council of the City of Newport Beach Amending Newport Beach Municipal Code ( "NBMC) Subsection 17.60.030(A) Relating to Residential Pier Permits. 4. Adoption of Ordinance No. 2014 -7, Amending Chapter 6.04 of the Newport Beach Municipal Code Relating to Solid Waste Collection Conduct the second reading and adopt Ordinance No. 2014 -7, An Ordinance of the City Council of Newport Beach Amending Chapter 6.04 of the Newport Beach Municipal Code Relating to Solid 3 Waste Collection and Disposal. C. RESOLUTION(S) FOR ADOPTION 5. Adoption of a Resolution for the Reporting of Employer Paid Member Contributions for the California Public Employees' Retirement System Adopt Resolution No. 2014 -28, A Resolution of the City Council of the City of Newport Beach for Employer Paid Member Contributions, to properly record the Employer Paid Member Contribution for employees in the following Miscellaneous groups: City Employees Association, Professional and Technical Employees Association, Employees League, the Key & Management group, and the part- time unit. D. CONTRACTS AND AGREEMENTS 6. West Coast Highway Landscape Improvement Project— Approval of a Professional Services Agreement with Nuvis Landscape and Planning C -4851 (CAP14 -0017) a) Approve a Professional Services Agreement (PSA) with Nuvis Landscape and Planning of Costa Mesa, CA for West Coast Highway Landscape Improvement Project for Landscape Architecture and Engineering design services at a not -to- exceed price of $412,868.00, and authorize the Mayor and the City Clerk to execute the Agreement; and b) Approve Budget Amendment No. 14BA -040 appropriating $413,000 from the unappropriated General Fund balance to CIP Account No. 7013— C2002071. 7. Lifeguard Headquarters Rehabilitation — Approval of Amendment to the Professional Services Agreement with RRM Design Group C -5130 (CAP12 -0008) a) Approve Amendment No. 2 to the Professional Services Agreement with RRM Design Group of San Clemente, California, to provide additional architectural and engineering services for Lifeguard Headquarters Rehabilitation for a not -to- exceed cost of $30,170.00, and authorize the Mayor and City Clerk to execute Amendment No. 2; and b) Approve Budget Amendment No. 14BA -039 appropriating $30,170.00 from the Unappropriated Major Facilities Financing Fund Account to Account No. 7414- C1002037. 8. Amendment to Central Parking System Agreement to Add Not -to- Exceed Payment Amounts, Clarify Corona del Mar Parking Lot Personnel Hours, Clarify Pay Station Removal Responsibilities and Revise Central Parking System's Bonus Amounts Approve the Amendment to the Central Parking System (CPS) Agreement, and authorize the Mayor and City Clerk to execute the Amendment which would provide for the following: a) CPS shall provide personnel at the CdM Parking Lot every weekend from 6:00 a.m. to 7:00 p.m. and every weekday projected to be 70 degrees or higher from 6:00 a.m. to 7:00 p.m.; b) In the event the City requests removal of any pay stations during the term of the Agreement, CPS shall remove such pay stations without charge to the City; c) Add the following not -to- exceed amounts for the management of the Corona del Mar Parking Lot and the Balboa Parking Lot (collectively, the `Parking Lots "): 2014 March $27,000 April $29,000 May $32,000 June $36,000 July $46,000 August $46,000 September $33,000 October $32,000 November $26,000 December $28,000 2015 January $26,000 February $26,000 The not -to- exceed amounts after February 2015 shall be increased by CPI or by 3 %, whichever is less; and d) Should the City elect to remove the Palm St. Lot from the CPS Agreement Scope of Services, CPS shall receive its bonus if net revenues exceed $3,212,000 each year. 9. Temporary Employment Agreement Authorize the City Manager to execute the Temporary Employment Agreement with retired employee Kay Sims to fill the position of Assistant Planner until the regular employee returns from maternity leave. 10. Professional Services Agreement with George H. Eiser, III of Meyers, Nave, Riback, Silver & Wilson for Newport Beach Municipal Code Title 20 and Other Hearings Authorize the Mayor to execute an agreement with Meyers, Nave, Riback, Silver & Wilson for hearing officer adjudication services, with a not -to- exceed compensation amount of $125,000. 11. Approval of Side Letter Amending the 2012 - 2014 Memorandum of Understanding Between the City of Newport Beach and the Newport Beach Police Management Association Approve the Side Letter with the NBPMA (Attachment A to the Staff Report) to: a) Reduce the ceiling of the July 1, 2014, cost -of- living adjustment from 2.5% to 2.0 %; b) Require new employees hired under Tier III (PERS 2.7 % @57 formula) to participate in the cost share agreement and contribute the same as employees in Tiers I and II; c) Eliminate the reopener clause for the Classification and Compensation study; and d) Adjust the 2013 Cost -of- Living Adjustment (COLA) and adjust the PERS contribution. E. MISCELLANEOUS 12. Planning Commission Agenda for April 3, 2014 Receive and file. 13. Installation of Corona del Mar Bicycle Racks by the Corona del Mar Business Improvement District a) Authorize installation of up to fifty (50) Bicycle Racks within the Public Right of Way in Corona del Mar by the Corona del Mar Business Improvement District; b) Accept the installed bicycle racks as Public Property; and c) Authorize the Corona del Mar Business Improvement District to maintain and repair the bicycle racks as needed. 14. Victor P. Caliva Trust Donation Authorize the City Manager to direct the donation from the Victor P. Caliva Trust to the Friends of OASIS, Inc., and to sign any necessary documents associated with the direction of the donation. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR XVIL 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. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIX. PUBLIC HEARING(S) 15.191 Riverside Land Use and Zoning Amendments (PA2014 -210) a) Conduct a public hearing; b) Adopt Resolution No. 2014 -29 (Staff Report Attachment No. CC -1), A Resolution of the City Council of the City of Newport Beach adopting Negative Declaration No. ND2013 -003 (SCH No. 2014011028) for 191 Riverside Land Use and Zoning Amendments Located at 191 Riverside Avenue (PA2013 -210), pursuant to the California Environmental Quality Act; 5 c) Adopt Resolution No. 2014 -30 (Staff Report Attachment No. CC -2), A Resolution of the City Council of the City of Newport Beach Approving General Plan Amendment No. GP2013 -002, Local Coastal Plan Amendment No. LC2013 -003, and Code Amendment No. CA2013 -007 for Property Located at 191 Riverside Avenue; and d) Introduce Ordinance No. 2014 -9 (Staff Report Attachment No. CC -3), An Ordinance of the City Council of the City of Newport Beach Approving Zoning Code Amendment No. CA2013 -007 for 191 Riverside Land Use and Zoning Amendments Located at 191 Riverside Avenue (PA2013 -210), and pass to second reading on April 22, 2014. 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 2