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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, February 27, 2007 Regular Council Meeting - 7:00 p.m. STEVEN ROSANSKY Mayor EDWARD D. SELICH DON WEBB Mayor Pro Tern Council Member LESLIE J. DAIGLE Council Member MICHAEL F. HENN Council Member HOMER BLUDAU - City Manager, HARKLESS - City Clerk, STEPHEN G. WOOD - Assistant City Manager. KEITH D. CURRY Council Member NANCY GARDNER Council Member ROBIN CLAUSON - City Attorney, LAVONNE BADUM - Director of Public Works, SHARON Z. 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 511 out the card please place it in the box at the podium. PUBLIC HEARING: 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 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 web site. The address is: http://www.city.newport- beach.ca.us/ 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 LaVonne Harkless, 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 COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD February 27, 2007 - 4:00 p.m. CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS mmm,rttrxrr *�xrxerrm A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C. CLOSED SESSION REPORT (if-applicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Reverend Robert Jordan Ross, Newport Universalist Society F. PRESENTATIONS French Exchange Students Introduction. Presentation to Council Member Henn by David Lepo or Jeffrey Cole. Presentation from the Chamber and the Conference and Visitors Bureau on the Christmas Boat Parade. G. 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 Council. Speakers must limit comments to five minutes on agenda items. The Council has the discretion to extend or shorten the time limit on agenda or non- agenda items. As a courtesy, please turn cell phones and pagers off or set them in the silent mode. H. 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. RED LIGHT WILL SIGNIFY WHEN SPEAKERS TIME LIMIT IS UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. I. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 19) are considered by the Council to be routine and will all be enacted by one motion in the form listed below. The City 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 Council votes on the motion unless members of the 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, 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. READING OF MINUTESDRDINANCES AND RESOL UTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF FEBRUARY 13, 2007. 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 City Clerk to read by title only. ORDINANCE FOR INTRODUCTION a. AMENDMENT TO CHAPTER 1.01 OF THE NBMC TO ADD SECTION 1.01.090 PROHIBITING THE ISSUANCE OF BUSINESS LICENSES, PERMITS AND THE GRANTING OF DISCRETIONARY APPROVALS FOR UNLAWFUL USES. Introduce Ordinance No. 2007 -_ and pass to second reading on March 13, 2007. ORDINANCE FOR ADOPTION 4. ORDINANCE ESTABLISHING DESIGN CRITERIA FOR SINGLE AND TWO UNIT DEVELOPMENT. Adopt Ordinance No. 2007 -3. RESOLUTIONS FOR ADOPTION 5. RESOLUTION RELATING TO THE CITY S 2007 AND 2008 LEGISLATIVE PLATFORM. Adopt Resolution No. 2007 -_ adopting a Legislative Platform for the 2007 -08 Legislative Session and authorizing the Mayor to issue statements and letters consistent with the Platform. 6. COMMERCIAL SOLID WASTE COLLECTION: RESOLUTION EXPRESSING THE CITY S INTENT TO GRANT NON - EXCLUSIVE SOLID WASTE COMMERCIAL FRANCHISES TO FRANCHISEES. Adopt Resolution of Intention No. 2007 -_ expressing the city's intent to award Franchises and enter into franchise agreements with those Commercial Solid Waste Companies listed in Exhibit A of the staff report and setting the matter for a public hearing on March 13, 2007. CONTRACTS AND AGREEMENTS IN- PAVEMENT LIGHTED CROSSWALK AT PACIFIC COAST HIGHWAY AND ORCHID - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 8881). 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one year after Council acceptance. S. CONTRACT WITH LINNERT BUILDERS TO COMPLETE THE MARINERS PARK PLAYGROUND AND SURFACING PROJECT (C- 8916). Approve contract with Linnert Builders. 9. ACCEPTANCE OF URBAN AREAS SECURITY INITIATIVE (UASI) GRANT TRANSFER AGREEMENT. 1) Accept UASI Grant transfer agreement training funds in the amount of $48,666 and a supplement approval of $5,335 for a total of $54,001 to be utilized for reimbursement training costs associated with approved Department of Homeland Security (DHS) courses for emergency personnel; 2) authorize the Fire Chief as the designee to sign the FY06 Transfer Agreement contract; and 3) approve a budget amendment (07BA -049) increasing revenue estimates by $54,001 in 1820 - 48661, UASI Grant, and increasing expenditure appropriations by $54,001 in 7014- C1820973. 10. LITTLE CORONA OFFSHORE STUDY - AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS (C- 8870). 1) Approve Amendment No. 2 to the Professional Services Agreement with Weston Solutions of Carlsbad to install current velocity detectors and collect sediment samples to support verification of computer modeling of contaminant loads from Newport Harbor to the Areas of Special Biological Significances along Newport Coast at a not to exceed price of $39,942 and authorize the Mayor and City Clerk to execute the agreement; and 2) approve a budget amendment (07BA -048) transferring $30,000 from Account 7231- C2370902 Tide and Submerged Lands (originally appropriated for an eelgrass study) to Account 7231- C5100889 Tide and Submerged Lands. 11. CORONA DEL MAR STATE BEACH IMPROVEMENTS - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 8461). 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 12. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ROMA DESIGN GROUP (C- 8770). Approve and authorize the Mayor and City Clerk to execute the amendment to the agreement. 18. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH RICHARD EDMONSTON FOR PROJECT MANAGEMENT SERVICES (C- 8918). 1) Approve a Professional Services Agreement with Richard Edmonston for project management at a not to exceed price of $32,000 and authorize the Mayor and the City Clerk to execute the Agreement; and 2) approve a budget amendment (07BA -051) transferring $20,000 from salary savings in the Transportation and Development Services Division (5200 -7000) and transfer the funds to Transportation and Development Services Division Services Professional and Technical Account 5200 -8080. MISCELLANEOUS 14. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES. Approve a budget amendment (07BA -047) to increase expenditure appropriations by $12,273 in Division 4060, Literacy, and to increase revenue estimates for the same amount in Account No. 4010 -4832, California Library Literacy Services. 15. ACCEPT EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG). 1) Accept the 2005 EMPG reimbursement grant for $5,985 in funding for maintaining the City's emergency management program; and 2) approve a budget amendment (07BA -050) increasing revenue estimates by $5,985 in 2355 -4894 and appropriating those funds into Fire Department account 2355.8105. 16. RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMITTEE TO FILL VACANCY. Confirm the appointment of John Hyatt as the representative from the Newport Beach Association of Realtors. 17. EXCESS WORKERS COMPENSATION (WC) INSURANCE RENEWAL. Approve the renewal of the excess workers compensation coverage for a twelve month policy with a self - insured retention (SIR) of $1 million with statutory coverage limits and premium as outlined in the staff report. 18. PROPERTY INSURANCE PROGRAM RENEWAL. Approve the renewal of the property insurance program with a total premium of $762,108 for a total insured value of $110,852.651. 19. EXCESS GENERAL LIABILITY INSURANCE AND FIDUCIARY LIABILITY INSURANCE RENEWALS. Approve the renewal of the excess general liability insurance coverage for a twelve month policy with The Insurance Company of the State of Pennsylvania (an AIG Company) and Lexington Insurance for $675,781 in premium and $28,120 in premium for fiduciary liability with RLI Insurance. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR K. PUBLIC HEARING 20. VACATION OF A SEWER EASEMENT AT 721 AND 725 ST. JAMES ROAD. Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 2007 -_ ordering the vacation of a 10- foot wide sewer easement at 721 and 725 St. James Road as described in Exhibit "A' and depicted in Exhibit `B" of the staff report; 3) Direct staff to process the vacation; and 4) Direct the City Clerk to record the Resolution with the Orange County Recorder. L. iii N. 19 21. IN -LIEU PARK DEDICATION FEE ADJUSTMENT - APPRAISAL OF EASTBLUFF AND BOB HENRY PARK. Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 2007 -_ adjusting the fair market land value and per acre to be used in assessing In -Lieu Park Dedication Fees. PUBLIC COMMENTS Public Comments are invited on non- agenda items generally considered to be within the subject matter jurisdiction of the Council -- Speakers must limit comments to 3- minutes. Before speaking, please state your name for the record. ORAL REPORTS FROM CITY COUNCIL OX-COMMITTEE ACTIVITIES PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 22. PLANNING COMMISSION AGENDA FOR FEBRUARY 22, 2007. Action: 1) Receive oral report on the most recent Planning Commission actions; 2) Council Member appeal of Planning Commission, Modification Committee or Planning Director approvals subject to appeal; and 3) Receive and file written report. CONTINUED BUSINESS 23. COUNCIL CONSIDERATION OF WHETHER TO INITIATE THE PROCESS TO DEVELOP PHASE 1 OF NEWPORT CENTER PARK. Action: 1) Direct staff to proceed with the preparation of plans and specifications for the bid package for Phase I of the Newport Center Park; OR 2) Take no action on park development until such time as the City Council commits to a final location for a new city hall. P. 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. Q. ADJOURNMENT - In Memory of Bernice Borchard Heffernan