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HomeMy WebLinkAbout0 - AgendaSEW y FO0.Nx P CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING JULY 8, 2014 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - CANCELLED /CLOSED SESSION — 6:00 PM/ REGULAR MEETING - 7:00 PM RUSH N. HILL, II Mayor EDWARD D. SELICH Mayor Pro Tem 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 STEVE BADUM - Assistant City Manager TERRI CASSIDY - Deputy City Manager /Human Resource Director 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 addressing the 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, 2n0 Floor. Staff reports or other written documentation have been prepared or organized with respect to each item of business listed on the agenda. 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://www.newportbeachca.gov/CouncilAgendas. 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 citvclerkanewportbeachca.cov). 1 NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH JULY 8, 2014 STUDY SESSION - CANCELLED /CLOSED SESSION — 6:00 PM/ REGULAR MEETING - 7:00 PM ROLL CALL - 6:00 p.m. 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. As a courtesy, please turn cell phones off or set them in the silent mode. III. CLOSED SESSION 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(d)(1)): 2 matters Christine Hougan v. City of Newport Beach, at al. Orange County Superior Court Case No. 30- 2013 - 00646369 -CU -WT -CJC Martin O'Connor v. City of Newport Beach, at al. Orange County Superior Court Case No. 30- 2013 - 00665055 -CU -PO -CJC IV. CONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI, CLOSED SESSION REPORT VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION IX. PRESENTATION(S) — None 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. 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 OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) XII. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion. Public comments are invited on Consent Calendar. 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 (ITEMS 1 - 12) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the June 24, 2014 Study Session and 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. RESOLUTION(S) FOR ADOPTION 3. Resolution No. 2014 -54: Adopting a Memorandum of Understanding with the Newport Beach Police Association; and Resolution No. 2014 -55: For the Paying and Reporting of the Value of the Employer Paid Member Contribution (EPMC) a) Adopt Resolution No. 2014 -54, A Resolution of the City Council of the City of Newport Beach Adopting a Memorandum of Understanding (MOU) between the City of Newport Beach and the Newport Beach Police Association (Staff Report Attachment A); and b) Adopt Resolution No. 2014 -55, A Resolution of the City Council of the City of Newport Beach for Employer Paid Member Contributions and Rescinding Resolution No. 2012 -57 for Employees Represented by the Newport Beach Police Association, eliminating the paying and reporting of the value of the Employer Paid Member Contribution (EPMC) for certain non -sworn NBPA members, to the California Public Employees' Retirement System (PERS), as provided in the Memorandum of Understanding (Staff Report Attachment B). 4. Resolution No. 2014 -56: Amending Resolution No. 2014 -52 to Establish Salary Ranges for the Emergency Medical Services Division Chief (Fire Department) and the Deputy Director (Recreation & Senior Services Department) and Establish One Part -Time Marketing Specialist Position (Library Services) as Full -Time Adopt Resolution No. 2014 -56, amending Resolution No. 2014 -52 to: a) Establish the Emergency Medical Services Division Chief at $9,564.53 - $11,625.40 per month and the Deputy Director, Recreation and Senior Services, at $10,405.20 - $12,648.13 per month; and b) Adjust the Marketing Specialist position in Library Services from .65 part-time to a full -time budgeted position at a rate of $4,513.60 — $6,344.00 per month (the current rate for the Marketing Specialist job classification). 5. Resolution No. 2014 -57, A Resolution to Increase the Corona del Mar Business Improvement District's Advisory Board from Seven to Nine Members Adopt Resolution 2014 -57, A Resolution of the City Council of the City of Newport Beach Amending Resolution No. 97 -50 to Increase the Corona del Mar Business Improvement District's Advisory Board from Seven to Nine Members. C. CONTRACTS AND AGREEMENTS 6. Building Inspection and Plan Review Services - Approval of Professional Services Agreements with VCA Code, JAS Pacific, and MRH Structural Engineers Approve and authorize the Mayor and City Clerk to execute: a) A three -year professional services agreement (Staff Report Attachment CC 1) with The Code Group, dba VCA Code, for an annual amount of $460,000 with a not to exceed amount of $1,380,000 over three years, subject to available funding through the annual budget process; b) A three -year professional services agreement (Staff Report Attachment CC 2) with Jason Addison Smith Consulting Services, Inc., dba JAS Pacific, for an annual amount of $313,000 with a not to exceed amount of $939,000 over three years, subject to available funding through the annual budget process; and c) A three -year on -call professional services agreement (Staff Report Attachment CC 3) with MRH Structural Engineers Inc. for an annual amount of $90,000 with a not to exceed amount of $270,000 over three years, subject to available funding through the annual budget process. 7. Amendment No. 1 to the Professional Services Agreement with Project Dimensions for the Lifeguard Headquarters Rehabilitation Project Contract No. 4869 (CAP12 -0008) Approve Amendment No. 1 to the Professional Services Agreement with Project Dimension, Inc. of Irvine, California, at a cost not to exceed $18,520.00, and authorize the Mayor and City Clerk to execute the Agreement. 8. Approval of Amendment No. 2 to the Master Funding Agreement No. C -1 -2776 with Orange County Transportation Authority (OCTA) Approve and execute Amendment No. 2 to Master Funding Agreement No. C -1 -2776. 9. Approval of On -Call Repair Services Agreement with Littlejohn - Reuland Corporation for Electric Motor Repair Services Approve the three -year agreement with Littlejohn - Reuland Corporation for As- Needed Electric Motor Repair Services for a not -to- exceed amount of $90,000, and authorize the Mayor and City Clerk to execute the agreement. D. MISCELLANEOUS 10. Final Tract Map No. 16882 for Condominium Project at 201 -205, and 207 Carnation Avenue a) Review and approve Final Tract Map No. 16882 located at 201 -205, and 207 Carnation Avenue (Staff Report Attachment A) pursuant to Section 19.60.010 of the Municipal Code; and b) Review and approve the construction surety bonds as required by Condition 49 of City Council Resolution No. 2009 -52. 11. Adoption of 2014 Sewer System Management Plan Adopt the City's 2014 Sewer System Management Plan as required by the State Water Resources Control Board. 12. Direction to Staff on Various Issues a) Direct the City staff to return to the City Council with a proposed policy that would designate a percentage of anticipated development - related fees for environmental protection and /or sustainability efforts in the community, along with a process for allocating revenues generated from the set - aside; and b) Direct staff to return with a staff report showing the process, advantages, and disadvantages of designating the Goldenrod Footbridge (over Bayside Drive) as a historic structure. 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 HEARING(S) 13. General Plan Land Use Element Amendment - Citywide (PA2013 -098) a) Conduct a public hearing; b) Adopt Resolution No. 2014 -58 (Staff Report Attachment CC1), A Resolution of the City Council of the City of Newport Beach Certifying Final Supplemental Environmental Impact Report No. ER2014 -002, including a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program, in Accordance with the California Environmental Quality Act and State and Local Guidelines for the General Plan Land Use Element Amendment (PA2013 -098); c) Adopt Resolution No. 2014 -59 (Staff Report Attachment No. CC2), A Resolution of the City Council of the City of Newport Beach Overruling the Orange County Airport Land Use Commission's Determination that the General Plan Land Use Element Amendment Project is Inconsistent with the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport, and Finding the General Plan Land Use Element Amendment Project is Consistent with the Purposes of Public Utilities Code Section 21670 (PA2011 -134); and d) Adopt Resolution No. 2014 -60 (Staff Report Attachment CC3), A Resolution of the City Council of the City of Newport Beach Approving General Plan Amendment No. GP2013 -001 to Amend the Land Use Element and Glossary and Implementation Plan of the General Plan (PA2013 -098), as recommended by the Planning Commission that does not include the Lyon Communities or The Hangars proposals in the Airport Area. Note that the draft resolutions will be updated for consistency to reflect any action taken by the City Council. XVIII. CURRENT BUSINESS 14. November 4, 2014 General Municipal Election - Ballot Measure Adopt the following resolutions pertaining to the General Municipal Election scheduled for Tuesday, November 4, 2014, pursuant to City Charter Section 1000 and Section 423: a) Adopt Resolution No. 2014 -61, A Resolution of the City Council of the City of Newport Beach Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 4, 2014 for the Submission of Proposed Land Use Element Amendments to the General Plan; b) Adopt Resolution No. 2014 -62, A Resolution of the City Council of the City of Newport Beach Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election on Tuesday, November 4, 2014, with the Statewide General Election to be Held on the Same Date Pursuant to California Elections Code Section 10403; c) Adopt Resolution 2014 -63, A Resolution of the City Council of the City of Newport Beach Setting Priorities for Filing Written Arguments Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis; and d) Adopt Resolution No. 2014 -64, A Resolution of the City Council of the City of Newport Beach Providing for the Filing of Rebuttal Arguments for the City Measure Submitted to the Voters at the General Municipal Election to be Held on Tuesday, November 4, 2014, Pursuant to California Elections Code Section 9285; and, if appropriate, e) Designate one or more City Council Members to draft a Direct Argument for the ballot measure, and any Rebuttal Arguments, if needed. 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. XX. 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.