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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL STUDY SESSION AND REGULAR MEETING July 22, 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 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 December when 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: htt p:// www. newportbeachca .goviCouncliAgendas . 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 July 22, 2014 STUDY SESSION - CANCELLED/CLOSED SESSION - 6:00 PM/ REGULAR MEETING - 7:00 PM I. ROLL CALL 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 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 6:00 p.m. A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 1499 Monrovia, Newport Beach, 92663: APN: 424 - 401 -14 Agency negotiator: Dave Kiff, City Manager Negotiating parties: Kobe Inc., Andrea Fairchild, President Under negotiation: Instruction to negotiator regarding price and terms of payment. IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION IX. PRESENTATION(S) Presentation of Plaques to Outgoing Board and Commission Members 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 - 8) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the July 8, 2014 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 City Clerk to read by title only. B. CONTRACTS AND AGREEMENTS 3. Big Canyon Diversion - Completion and Acceptance of Contract No. 5556 (CAP14 -0029) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; and 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 release the Faithful Performance Bond one year after this Council acceptance. 4. Approval of On -Call Maintenance Repair Agreement with Zebron Corporation for As- Needed Sewer Manhole Lining Services Approve the three -year agreement with Zebron Corporation for As- Needed Sewer Manhole Lining Services for a not to exceed amount of $225,000, and authorize the Mayor and City Clerk to execute the agreement. 5. Contract with Former City Employee, Charles Freeman Authorize the City Manager to execute a Temporary Employment Agreement (TEA) with a former employee, Mr. Charles Freeman, to temporarily fill the position of Special Investigations Sergeant. The employee currently filling this position has been promoted and is immediately needed in the Patrol Division. 6. Parking Lot Lease Agreement with Harbor Day School, and Amendment to Deed Restrictions to Allow the Construction and Operation of Both the Parking Lot and a New City Maintenance Yard Building Located at the Big Canyon Reservoir Site, 3300 Pacific View Drive Approve and authorize the City Manager and City Clerk to: a) Execute the Amendment to Indenture Covenants and Restrictions and Quitclaim of Road Easement (Staff Report Attachment CC 4) amending the deed restriction at the Big Canyon Reservoir site; and b) Execute a twenty -five (25) year lease agreement with an annual rent of $11,440 per year, as adjusted annually by the Consumer Price Index (CPI), and authorize the City Manager or his designee to enter into the agreement (Staff Report Attachment CC 1) with Harbor Day School. C. MISCELLANEOUS 7. Planning Commission Agenda for the July 17, 2014 Meeting Receive and file. 8. Days /Hours of Operation of City Facilities from December 24, 2014, through January 1, 2015 Modify the days and hours of operation of the City Hall complex and other City facilities between December 24, 2014, through January 1, 2015, and authorize the City Manager to determine the parameters of partial or full day closures on Christmas Eve and New Year's Eve. 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) 9. 191 Riverside Avenue Land Use and Zoning Amendments (PA2014 -210) Continue to the August 12, 2014 City Council meeting. 10. General Plan Land Use Element Amendment - Citywide (PA2013 -098) a) Conduct a public hearing; b) Adopt Resolution No. 2014 -65 (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 (SCH# 2013101064) 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 -66 (Staff Report Attachment 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 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 -67 (Staff Report Attachment CC3), A Resolution approving General Plan Amendment No. GP2013 -001 to Amend the Land Use Element and Glossary and Implementation Plan of the General Plan, and Adopting CEQA Findings and Facts in Support of Findings and Statement of Overriding Considerations. XVIII. CURRENT BUSINESS 11. 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 -68, 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 -69, 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 to be Held 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 No. 2014 -70, 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 -71, 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 Argument, if needed. 12. Goldenrod Avenue Pedestrian Bridge Designation Receive, discuss, and direct staff whether or not to pursue a Historic designation for the Goldenrod Bridge. 13. Sale of 1499 Monrovia Avenue — Approve a Purchase and Sale Agreement and Enter into Escrow for the Sale of 1499 Monrovia with Kobe, Inc. a) Approve and authorize the Mayor and City Clerk to execute a Purchase and Sale Agreement and Escrow Instructions (Staff Report Attachment CC 1) with Kobe, Inc. for disposition of the City property located at 1499 Monrovia Avenue for a sale price of $5.8 million and to enter into escrow; b) Authorize the City Manager to execute all documents approved as to form by the City Attorney that are necessary to implement the Purchase and Sale Agreement and complete the sale transaction and transfer ownership of the property to Kobe, Inc., through escrow; and c) Approve a waiver of City Council Policy F -7 based on the findings in this staff report, that converting the property to another use would result in excessive vacancy, which would outweigh the financial benefits. 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.