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Home My WebLink About0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, OCTOBER 9, 2012 CITY COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD 7:00 P.M. KEITH D. CURRY Mayor Pro Tern STEVEN ROSANSKY Council Member `� LESLIE J. DAIGLE �` Council Member NANCY GARDNER Mayor MICHAEL F. HENN Council Member RUSH N. HILL, II Council Member EDWARD D. SELICH 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 Resource Director DAVE WEBB - Public Works Director NOTICE TO THE PUBLIC F 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. 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 generally held on the second and fourth Tuesdays of each month at 7:00 p.m. 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. It is the intention of the City of Newport Beach 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, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. PLEASE TURN CELL PHONES & PAGERS OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD OCTOBER 9, 2012 Closed Session - 6:00 p.m. Regular Meeting - 7:00 p.m. STUDY SESSION — Cancelled II. ROLL CALL — 6:00 p.m. III. PUBLIC COMMENTS REGARDING CLOSED SESSION Public comments are invited on Close Session Agenda items only. Speakers must limit comments to five (5) minutes. Before speaking, please state your name for the record. IV. CLOSED SESSION — 6:00 p.m. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): 1 matter Banning Ranch Conservancy v. City of Newport Beach, et. al. Orange County Superior Court Case No. 30- 2010 - 00365758 California Court of Appeal Case No. G045622 B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City Manager /Human Resources Director, 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); Lifeguard Management Association (NBLMA); Newport Beach Part Time Unit (UPEC, Local 777); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Association (NBPTEA). C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957) Title: Aaron C. Harp, City Attorney V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT Testimony given before the City Council is recorded. Yellow light indicates that the speaker has one minute for summation; and the red light will signify when the speaker's time limit is up. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the Office of the City Clerk located at 3300 Newport Boulevard during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeachca.gov. IX. PLEDGE OF ALLEGIANCE X. INVOCATION — Melinda Blackman, Harbor Christian Church XI Presentation of Donation Check from the Friends of the Library for $187,000 Proclamation recognizing Dean O'Malley and JetLev Southwest for setting a new world record by flying a JetLev /Jetpack from the City of Newport Beach to Avalon on Catalina Island 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. Speakers must limit comments to five (5) minutes on agenda items. 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 FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM) XIV. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 13) 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, staff or the public request specific items to be discussed and /or removed from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Mayor, and state their name and item number. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS MINUTES FOR THE SEPTEMBER 12, 2012 SPECIAL MEETING AND THE SEPTEMBER 25, 2012 STUDY SESSION AND REGULAR MEETING. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct the City Clerk to read by title only. B. ORDINANCE FOR ADOPTION 3. SECOND READING — REPEALING SECTION 9.04.060 OF THE NEWPORT BEACH MUNICIPAL CODE AND ADOPTING A NEW SECTION 9.04.060 OF TITLE 9, CHAPTER 9.04, TO REMOVE SECTION 610 BREATHING AIR REPLENISHMENT SYSTEMS (BARS). Conduct second reading and adopt Ordinance No. 2012 -21 repealing Section 9.04.060 of the Newport Beach Municipal Code and adopting a new Section 9.04.060 of Title 9, Chapter 9.04, to remove Section 610 Breathing Air Replenishment Systems (BARS). C. RESOLUTION FOR ADOPTION 4. PREVAILING WAGE EXEMPTION. Continue the item indefinitely. D. CONTRACTS AND AGREEMENTS 5. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT — APPROVE PURCHASE OF FF &E FOR LIBRARY EXPANSION (MILLWORK, ANCILLARY FURNITURE, CEILING FABRIC AND DESK CARREL LIGHTING AND POWER FIXTURES). a) Approve the purchase of millwork furniture from Montbleau and Associates, Inc. for a not -to- exceed price of $210,916.00; purchase of ancillary furniture from Pivot Interiors, Inc. for a not -to- exceed price of $223,189.61; purchase of fabric ceiling from Preferred Ceilings for a not -to- exceed price of $15,890.00; purchase of library carrel lighting and power fixtures from Rosendin Electric for a not -to- exceed price of $50,525.00; and authorize the City Manager to execute the purchase agreements with Montbleau and Associates, Inc., Pivot Interiors, Inc., Preferred Ceilings, and Rosendin Electric in a form reviewed and approved by the City Attorney. The total cost for these purchases for the Library Addition to the new Civic Center is $500,520.61, including applicable sales tax; b) establish a budget of approximately 5% of the FF &E total agreements ($25,000) as FF &E contingency for unforeseen costs and authorize the City Manager to execute amendments as needed to complete the purchase FF &E for the Library Expansion project; and c) approve Budget Amendment No. 13BA -017 appropriating $525,520.61 from the FY 2013 Major Facilities fund balance reserves to Account No. 7410 - C1002033 to fund the purchase of millwork, ancillary furniture, fabric ceiling, and lighting and power fixtures for the Library Expansion. 6. 2011 -2012 CITYWIDE SLURRY SEAL — NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5087. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; 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 the applicable portions of the Civil Code; and c) release the Faith Performance Bond one year after Council acceptance. ACQUISITION OF NON - CONFORMING INDUSTRIAL PROPERTY LOCATED AT 1499 MONROVIA AVENUE, NEWPORT BEACH, CALIFORNIA. a) Authorize the City Manager to execute a purchase and sale agreement, in a form substantially similar to the attached, and all associated documents, with Mr. Ken Kaplan to acquire the Property for a purchase price of $4.3 million; and b) approve the attached interfund transfer budget amendment in the amount of $4.3 million to the West Newport Capital Projects Fund, from the Facilities Replacement Fund, to fund the acquisition of the Property. E. MISCELLANEOUS 8. PLANNING COMMISSION AGENDA REPORT FOR OCTOBER 4, 2012. Receive and file. ale] =I /tldil401IDL61:1:1a110JIl l N-,W y71x41 2,1111111a Zia] 5 am: 1=09:]I:1:IORK01 =1:1:4 NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO THE LIBRARY'S FISCAL YEAR 201212013 MAINTENANCE AND OPERATION BUDGET. Approve Budget Amendment No. 13BA -015 to increase revenue estimates by $187,000 in Account 4091 -5892 (Friends of the Library Donations) and to increase expenditure estimates by the same amount in Division 4091 (Friends of the Library) and Division 4060 (Literacy Services). 3 10. RESPONSE TO THE ORANGE COUNTY GRAND JURY — "TRANSPARENCY BREAKING UP COMPENSATION FOG — BUT WHY HIDE PENSION COSTS ?" Authorize the Mayor to send a response to the Presiding Judge of the Superior Court. 11. 2013 NEWPORT BEACH RESTAURANT WEEK MARKETING PROFESSIONAL SERVICES AGREEMENT. Approve and authorize the Mayor and City Clerk to sign the January 2013 Restaurant Week Professional Services Agreement between the City of Newport Beach and California Marketing Concepts, Inc, (CMC, Inc.). 12. AMEND AND RE- AFFIRM COUNCIL INVESTMENT POLICY (F -1). Adopt Resolution No. 2012 -90, approving proposed amendments to, and reaffirming Council Policy (F -1) Statement of Investment Policy as presented. 13. RESPONSE TO THE ORANGE COUNTY GRAND JURY — "ELDER ABUSE: THE PERFECT STORM ". Authorize the Mayor to send the response to the Presiding Judge of the Superior Court. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XV. ITEMS REMOVED FROM THE CONSENT CALENDAR XVI. PUBLIC COMMENTS 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 14. ANNUAL REVIEW OF ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT FOR SOBER LIVING BY THE SEA, INC. ( SLBTS) (PA2010 -150) - 505 29TH ST., 112 40TH ST. UNITS A AND B (CLOSED), 126 44TH STREET UNITS A AND B, 5004 NEPTUNE AVE. UNITS A AND B, 5101 RIVER AVE. UNIT B, 3980 SEASHORE DR., 4711 AND 4711 '/z SEASHORE DR., 4500 -4504 SEASHORE DR.(CLOSED), 4800 SEASHORE DR. UNITS A AND B, 6111 SEASHORE DR., 6110 W. OCEAN FRONT, 4138 PATRICE RD., 2811 VILLA WAY. a) Conduct a public hearing, and b) find that SLBTS has demonstrated good faith compliance with the terms of the Zoning Implementation and Benefit Agreement, and c) receive and file documents submitted by SLBTS to demonstrate good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement. XIX. CONTINUED BUSINESS 15. COMMERCIAL LEASE TEMPLATE : MARINA INDEX. Continue the item to a Special Meeting to be held on Tuesday, October 16, 2012, at 6:00 p.m. XX. CURRENT BUSINESS 16. OCTOBER 28, 2012 MEMORIAL BIKE RIDE, WAIVER OF FEES, BIKE SAFETY IMPROVEMENT FUND (BSIF). a) Authorize a match of City resources at a proposed 3:1 ratio for all funds raised from community fundraising efforts for bicycle safety that occur prior to December 31, 2012(The 3:1 match means that for every dollar raised by the community, the City will match three additional dollars in bike safety project expenditures and fee waivers, with a cap or $450,000 for the City's contribution. The City's match may include competitive grant awards from sources such as Measure M.); b) authorize the City to act as a sponsor of the event, approve a fee waiver, and a City commitment to cover the cost of the special event insurance for the memorial bike ride fundraiser on October 28, 2012, with a not -to- exceed amount of $10,000 included within the City's matching contribution; and c) direct Public Works staff to develop a Resource Plan for the implementation of bicycle safety improvement fund projects that will be funded by community funding efforts and any City matching expenditure that is approved. XXI. 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. XXII. ADJOURNMENT 5