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Home My WebLink About0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JUNE 26, 2012 COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD REGULAR MEETING - 7:00 P.M. NANCY GARDNER Mayor KEITH D. CURRY Mayor Pro Tern � A STEVEN ROSANSKY Council Member `� LESLIE J. DAIGLE wil I Council Member NOTICE TO THE PUBLIC o� MICHAEL F. HENN Council Member RUSH N. HILL, II AA Council Member -A EDWARD D. SELICH Council Member DAVE KIFF - City Manager AARON HARP - City Attorney LEILANI BROWN - City Clerk ~ DANA SMITH - Assistant City Manager STEPHEN BADUM - Public Works Director 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 JUNE 26, 2012 Regular Meeting 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. 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 Negotiator. Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA); Police Employees' Association (PEA); City Employees Association (NBCEA); Newport Beach Professional & Technical Employees Association (NBPTEA); Newport Beach Employees League (NBEL); Newport Beach Part-Time Unit (UPEC, Local 777). III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Vl. CLOSED SESSION REPORT VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION — Pastor Karl Stuckenburg — Newport Center United Methodist Church IX. PRESENTATIONS - 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. 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. XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM 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. XII. 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 JUNE 12, 2012 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. AN ORDINANCE ESTABLISHING AN ADMINISTRATIVE CODE ENFORCEMENT PROGRAM, NEWPORT BEACH MUNICIPAL CODE CHAPTER 1.05 AND SECTIONS 1.04.010, 10.66.060 AND 10.66.070. Conduct second reading and adopt Ordinance No. 2012 -13, amending NBMC Chapter 1.05 to establish an Administrative Code Enforcement Program; Section 1.04.010 to add Civil Penalties; and Sections 10.66.060 and 10.66.070 to align the administrative appeals process. C. CONTRACTS AND AGREEMENTS 4. COOPERATIVE AGREEMENT TO IMPLEMENT TOTAL MAXIMUM DAILY LOAD (TMDL) PROGRAMS FOR NUTRIENTS, FECAL COLI FORM BACTERIA AND TOXICS IN THE NEWPORT BAY WATERSHED. Authorize the Mayor and the City Clerk to execute Cooperative Agreement D11 -066 to fund the TMDL programs, studies and monitoring for the Newport Bay Watershed. 5. REQUEST TO RETAIN PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY AT 1539 SYLVIA LANE. Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow the existing brick mailbox pilaster and wooden picket fence, all of which encroach in excess of one -foot into the Sylvia Lane and Beryl Lane public rights -of -way, provided the property owners enter into an Encroachment Agreement with the City to maintain these private improvements within the public rights - of -way and that all conditions of the Encroachment Permit process are met, and authorize the City Manager to execute the Encroachment Agreement. t •k, MIA Zf] A9: 3=Fa Cy:[ NPIt KH:Ik' II:1CL1: 1Ur 7lZI"1:JCA]flx9�e1 »:APl=1111rlq;ly:I :I OF CIVIC CENTER FF &E (MILLWORK, SYSTEMS FURNITURE, AND ANCILLARY FURNITURE). a) Approve purchase agreements with Montbleau and Associates, Inc. to provide millwork furniture for a not -to- exceed price of $642,590.00; Interior Office Solutions, Inc. (IOS) to provide systems furniture for a not -to- exceed price of $898,500.00; and Pivot Interiors, Inc. to provide ancillary furniture for a not -to- exceed price of $1,083,491.65 and authorize the City Manager to execute the agreements. The total for these three agreements is $2,624,581.65, including applicable sales tax, for the Newport Beach Civic Center project; b) establish a budget of approximately 5% of the FF &E total agreements ($130,418.35) as FF &E contingency for unforeseen costs and authorize the City Manager to execute amendments as needed to compete the project; and c) approve Budget Amendment No. 12BA -040 appropriating $2,755,000 from the FY2013 Major Facilities fund balance reserves to Account No. 7410- C1002033 to fund the purchase of millwork, systems furniture and ancillary furniture and provide a contingency for unforeseen adjustments. 7. SERVICE AGREEMENT WITH RCS INVESTIGATIONS AND CONSULTING, LLC, FOR PRE - EMPLOYMENT BACKGROUND INVESTIGATION SERVICES. Approve and execute the Service Agreement with RCS Investigations and Consulting, LLC, for background investigation services, at a not -to- exceed cost of $450,000 during the term of the agreement. 8. APPROVAL OF NEW LEASE TEMPLATE FOR BEACON BAY. a) Review and approve the new lease template for Beacon Bay and authorize the City Manager or his /her designee to enter into the new leases with current and future lessees on behalf of the City of Newport Beach. D. MISCELLANEOUS 9. PLANNING COMMISSION AGENDA FOR JUNE 21, 2012. Receive and file. 10. CITY INSURANCE RENEWALS — JULY 1, 2012 - JUNE 30, 2013. Approve renewal of the following insurances: excess general liability, excess workers compensation and property insurance coverage for an amount not to exceed $1,489,322 in total premium from the Insurance Reserve Funds. The term of the renewal is for a twelve (12) month policy period, July 1, 2012 through June 30, 2013. 11. IT HARDWARE REPLACEMENT FOR CITY HALL AND POLICE DEPARTMENT DATA CENTERS. Approve Budget Amendment 12BA -041 appropriating $547,499.45 from the IT Strategic Fund Balance to the Data Center Hardware Account, 6420 -9322, for the purchase of the City Hall and Police Department Data Centers. 12. AMENDMENT TO COUNCIL POLICY B -17 — DONATION MAINTENANCE FEE. Municipal Operations staff recommends that the City Council consider the recommendation from the Parks, Beaches, and Recreation (PB &R) Commission, and approve a change in Council Policy B -17 to include a maintenance fee for donated items. 13. ONE BEACON BAY: AUTHORIZATION TO EXECUTE LEASE RESTRICTION. Authorize the City Manager to execute the attached Lease Restriction for One Beacon Bay. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. 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. XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES 3 XVI. PUBLIC HEARINGS 14. RESOLUTION NO. 2012 -48: RENEWAL OF THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) FOR FISCAL YEAR 2012 -2013. a) Hold a public hearing regarding the renewal of the Marine Avenue Business Improvement District (BID); and b -1) if protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2012 -48 confirming the levy assessment for the Marine Avenue BID for Fiscal Year 2012 -13 OR b -2) if protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the Marine Avenue BID OR b -3) if the majority protest is only against the furnishing of a specific type or types of improvements or activity or benefit within the BID, those types of improvements or activities or benefit zones shall be eliminated. 15. RESOLUTION NO. 2012 -49: RENEWAL OF THE BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) FOR FISCAL YEAR 2012 -2013. a) Hold a public hearing regarding the renewal of the Balboa Village Business Improvement District (BID); b -1) if protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2012 -49 confirming the levy assessment for the Balboa Village BID for Fiscal Year 2012 -13 OR b -2) if protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the Balboa Village BID OR b -3) if the majority protest is only against the furnishing of a specific type or types of improvements or activity or benefit within the BID, those types of improvements or activities or benefit zones shall be eliminated; and c) appoint the following to the Balboa Village BID Advisory Board: Craig Batley Burr White /Balboa Realty Ralph Rodheim Balboa Boat Rentals Rita Stenlund ExplorOcean Patrick Moore Fun Zone Rides Mike Thompson Davey's Locker : 7* K9] 11IJ111IQ Lim k i :7:I0IA4r /_1wi] =9:I :iwKo]:Zo]o /_mr]:4 W' /_1:a =11RI I LI I **-I IMPROVEMENT DISTRICT (BID) FOR FISCAL YEAR 2012 -2013. a) Hold a public hearing regarding the renewal of the Corona del Mar Business Improvement District (BID); and b -1) if protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2012 -50 confirming the levy assessment for the Corona del Mar BID for Fiscal Year 2012 -13 OR b -2) if protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the Corona del Mar BID OR b -3) if the majority protest is only against the furnishing of a specific type or types of improvements or activity or benefit within the BID, those types of improvements or activities or benefit zones shall be eliminated. 17. RESOLUTION NO. 2012 -51: RENEWAL OF THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID) FOR FISCAL YEAR 2012 -2013. a) Hold a public hearing regarding the renewal of the Newport Beach Restaurant Association Business Improvement District (BID); and b -1) if protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2012 -51 confirming the levy assessment for the Newport Beach Restaurant Association BID for Fiscal Year 2012 -13 OR b -2) if protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the Newport Beach Restaurant Association BID OR b -3) if the majority protest is only against the furnishing of a specific type or types of improvements or activity or benefit within the BID, those types of improvements or activities or benefit zones shall be eliminated. 18. APPEAL OF DENIAL OF LOT MERGER NO. LM2011 -002 TO MERGE 2808 AND 2812 OCEAN BOULEVARD (PA2011 -141). a) Conduct a public hearing; and b) sustain or reverse the Planning Commission's decision by either 1) adopting Resolution No. 2012 -52 to deny Lot Merger Application NO. LM2011 -002 OR 2) adopting Resolution No. 2012 -52 to approve Lot Merger Application NO. LM2011 -002 (continued from the May 8, 2012 City Council meeting) XVII. CURRENT BUSINESS 19. APPOINTMENTS TO BOARDS AND COMMISSIONS. Make appointments to the Boards and Commissions from the nominees listed below to serve terms effective July 1, 2012 to June 30, 2016: Board of Library Trustees [1 vacancy /Vote for 1] Amy Claster Robyn Grant City Arts Commission [2 vacancies /Vote for 2] Rita Goldberg (incumbent) Caroline Logan Michaell Magrutsche Robert Smith (incumbent) Civil Service Board (Civil Service Board nominee) [2 vacancies / /Vote for 2] Gloria Alkire Debra Allen (incumbent) William Bivens Mickey Dunlap (incumbent) Robyn Grant Harbor Commission [1 vacancyNote for 1] Paul Blank Jamshed Dastur Dana Taschner Parks, Beaches & Recreation Commission [1 vacancyNote for 1] Gloria Alkire Kathy Hamilton (incumbent) Stephen Kelley Planning Commission [1 vacancyNote for 1] Daniel Boyd Steven Coyne Tyler Hoist Larry Tucker (incumbent) 20. DECLARATION OF SURPLUS ASSESSMENT DISTRICT FUND BALANCES AND REFINANCING OF 14 ASSESSMENT DISTRICTS. a) Adopt Resolution No. 2012 -53, authorizing the City to declare the remaining improvement fund balance as surplus and provide staff direction as to the distribution of improvement fund balances in Assessment Districts 92 (Coast Highway /Tustin), 99 -2 (Ocean Front) and 101 (Central Balboa); b) adopt Resolution No. 2012 -54, hereby adopting the Reassessment Report, confirming and ordering the reassessment by summary proceedings and authorizing and directing related actions; c) adopt Resolution No. 2012 -55, declaring intention to levy reassessments and issue refunding bonds; and d) adopt Resolution No. 2012 -56, authorizing the issuance of refunding bonds, and approving and authorizing related documents and actions. 5 XVIII. 21. LABOR AGREEMENT: NEWPORT BEACH POLICE ASSOCIATION (NBPA). a) Authorize Mayor Gardner to execute a Memorandum of Understanding (MOU) with the NBPA; b) adopt Resolution No. 2012 -52, relating to PERS and ending reporting of Employer -Paid Member Contributions (EPMC) over time; and c) designate the City Manager as the authorized representative to execute subsequent written agreements under Section 5(B) of the MOU (Work Schedules). 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. XIX. ADJOURNMENT 0