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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, March 27, 2007 Regular Council Meeting - 7:00 p.m. STEVEN ROSANSKY Mayor EDWARD D. SELICH DON WEBB Mayor Pro Tem Council Member LESLIE J. DAIGLE Council Member MICHAEL F. HENN Council Member KEITH D. CURRY Council Member NANCY GARDNER Council Member HOMER BLUDAU - City Manager, ROBIN CLAUSON - City Attorney, LAVONNE HARKLESS - City Clerk, STEPHEN G. BADUM - Director of Public Works, SHARON Z. WOOD - Assistant City Manager. 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 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:!lwww.city.newport- beach.ca.ust 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 March 27, 2007 I. STUDY SESSION — 4:00 p.m. II. CLOSED SESSION — [Refer to separate agenda from City Attorney] III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT (if applicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION D:. PRESENTATIONS Proclamation for Ocean Rescue by Lifeguard John Moore. Presentation of a check for $17,000 from the Friends of the Newport Beach Public Library to the City of Newport Beach. Proclamation for West Nile Virus and Mosquito Week. K 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- ogenda items. As a courtesy, please turn cell phones and pagers off or set them in the silent mode. M. 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. MI. CONSENT CALENDAR NOTICE TO THE PUBLIC. All matters listed under CONSENT CALENDAR (1- 13) 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 boxprovided at the podium. A. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF MARCH 13, 2007 AND ADJOURNED REGULAR MEETING OF MARCH 19, 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. B. ORDINANCE FOR ADOPTION 3. ORDINANCE TO AMEND CHAPTER 12.63 OF THE NBMC REORGANIZING AND UPDATING THE CODE PROVISIONS REGULATING SOLID WASTE MANAGEMENT. Adopt Ordinance No. 2007 -5. 4. ORDINANCE AMENDING CHAPTER 15.45 OF THE NBMC REGARDING DEVELOPMENT AGREEMENTS. Adopt Ordinance No. 2007 -6 amending Chapter 15.45 of the NBMC. 5. COMMERCIAL SOLID WASTE COLLECTION: AWARD OF NON- EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO FRANCHISEES. Adopt Ordinance No. 2007 -7 granting a Non - exclusive Solid Waste Franchise for commercial collection to those Solid Waste Collection Companies listed in Exhibit A of the staff report. C. CONTRACTS AND AGREEMENTS 6. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH EIP ASSOCIATES, INC. AND BUDGET AMENDMENT - HCD COMMENTS AND FINAL PRINTING (contd. from 3/13/07). a) Approve and authorize the Mayor and City Clerk to execute the Fourth Amendment to Professional Services Agreement with EIP Associates, Inc.; and b) approve budget amendment (07BA -055) transferring $99,711 from the unappropriated General Fund reserve to account 2710.8293 General Plan Update. NEWPORT BOULEVARD RIGHT -TURN LANE AT HOSPITAL ROAD - AWARD OF CONTRACT (C- 3655). a) Approve the drawings and specifications; b) approve a budget amendment (07BA -057) in the amount of $339,167 from unappropriated fund balance of the Gas Tax Fund to Account No. 7181- C5200737; c) award a contract (C -3655) to Hillcrest Contracting for the total bid price of $788,889, and authorize the Mayor and the City Clerk to execute the contract; d) establish an amount of $79,000 (10 %) to cover the cost of unforeseen work; and e) approve geotechnical and material testing services with Harrington Geotechnical in the amount of $16,000 per the existing On -Call Professional Services Agreement and $2,000 for printing and other associated costs. 8. MARINERS PARK IMPROVEMENTS — APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC. (C- 3806). a) Approve a Professional Services Agreement with RJM Design Group, Inc. for landscape architectural services at a not -to- exceed price of $155,008 and authorize the Mayor and the City Clerk to execute the agreement; and b) approve a budget amendment (07BA -059) appropriating $29,000 to Account No. 7251- C5100817 for Mariners Park Improvements Cell Tower and increase revenue estimates by $29,000 representing contributions from participating cell phone companies. 9. ELECTRONIC CASE FILING INITIATIVE — CONTRACT AWARD. a) Accept the recommendation of the Integrated Law & Justice Agency for Orange County (ILJAOC) and award the contract to Deloitte Consulting in an amount not to exceed $310,000 to complete the work specified in a Request for Proposal (RFP) to develop the requirements for an Electronic Case Filing Project, and to assist in the procurement process for the identified solution, which is entirely funded by grants administered by the City on the Agency's behalf, and b) authorize the City Manager to execute the contract, which has been approved by the Agencys Legal Counsel and the Newport Beach City Attorney's office. 10. ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) AMENDMENT NO. 12 TO COOPERATIVE AGREEMENT NO. C -95- 985. Approve Amendment No. 12 to Cooperative Agreement No. C -95 -985 between the OCTA and the City; and authorize the Mayor and City Clerk to execute the Amendment. D. MISCELLANEOUS 11. OPPOSITION TO AB 1355 (HOUSTON) RELATING TO HARBOR PATROL. Authorize the Mayor to issue a letter of opposition to AB 1355 (Houston) relating to County Sheriffs and harbor safety and security. 12. PURCHASE OF NEW LADDER TRUCK FOR THE FIRE DEPARTMENT. a) Approve the sole source purchase of a new 100 foot tractor -drawn aerial ladder truck from American LaFrance of Los Angeles for $834,967.38 (including tax), and b) approve a budget amendment (07BA -058) in the amount of $834,967.38 to fund the purchase. 13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO MAINTENANCE & OPERATIONS BUDGET ACOUNTS FOR FY2006/07. Approve a budget amendment (07BA -060) to increase revenue estimates by $17,000 in Account No. 4091- 5892 (Friends of the Library Donations), and increase expenditure estimates by $17,000 in Division 4091, Friends. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR MV. PUBLIC HEARING 14. IN -LIEU PARK DEDICATION FEE ADJUSTMENT — APPRAISAL OF EASTBLUFF AND BOB HENRY PARK (contd. from 2/27/07 & 3/13/07). Action: a) Conduct public hearing; and b) Adopt Resolution No. 2007 -- adjusting the fair market land value and per acre to be used in assessing In -Lieu Park Dedication Fees. 15. NEWPORT BEACH BREWING COMPANY, REVIEW OF USE PERMIT NO. 3485 — 2920 NEWPORT BOULEVARD (PA2006 -177). Action: a) Conduct public hearing, deny the appeal and uphold the decision of the Planning Commission to modify Use Permit No. 3485 by adopting Resolution No. 2007 -_; and b) Set aside the potential modification of Condition #6 to be consistent with CCC Special Condition #1 be aside until a parking study is completed. XV. 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. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT *kfj IitA 16. PLANNING COMMISSION AGENDA FOR MARCH 22, 2007. Action: a) Receive oral report on the most recent Planning Commission actions; b) Council Member appeal of Planning Commission, Modification Committee or Planning Director approvals subject to appeal; and C) Receive and file written report. 17. COUNCIL CONSIDERATION OF WHETHER TO RESCIND ITS FEBRUARY 27, 2007 DECISION TO INITIATE THE PROCESS TO DEVELOP PHASE 1 OF NEWPORT CENTER PARK AND REFER THE PROJECT BACK TO THE PARKS, BEACHES AND RECREATION COMMISSION FOR RECONSID- ERATION. Action: Rescind the City Council decision of February 27, 2007 to proceed with the design and eventual construction of Newport Center Park Phase 1 including the City Councils decision to: (a) proceed with the preparation of plans and specifications for the bid package for Phase FURR I; (b) approve construction of the park per the approved City Council concept plan, with the addition of the upper parking lot in phases with the middle phase first; (c) accept the $600,000 donation towards construction of the middle phase in exchange for naming rights for the entire park; (d) approve, in concept, the amendment of the Fiscal Year 2006 -07 budget to increase the funding for the park from $200,000 to $400,000, subject to final construction bids; and (e) direct staff to complete the construction documents for the middle section phase as soon as possible and put them out to bid. 18. PROFESSIONAL SERVICES AGREEMENT FOR COMPREHENSIVE REWRITE OF THE ZONING CODE (TITLE 20) AND PLANNING DEPARTMENT BUDGET AMENDMENT. Action: a) Approve the PSA with Hogle - Ireland for the Zoning Code Rewrite and CEQA Review; and b) Approve a budget amendment (07BA -061) transferring $632,420 from the unappropriated General Fund reserve to a new Planning Department Account, 2710 -XXXX Zoning Code Rewrite. 19. LEGISLATION RELATING TO GROUP HOMES. Action: Select one or more of the following options: a) Receive and file information about the City's actions in support of various residential recovery facility legislation; b) Direct the Mayor to write a letter to State Senator Robert Dutton (R- Riverside) requesting an amendment to SB 530 that would put a 1000 foot distancing requirement for licensed treatment facilities into SB 530; and C) Direct the Mayor to write a letter to State Senator Tom Harman (R- Riverside) requesting an amendment to SB 1000 that would put a 1000 foot distancing requirement for all rehab homes (licensed or not) into SB 1000. 20. LCP AMENDMENT NO. 2007 -001 — CLUP UPDATE (PA 2007 -027) — UPDATE OF THE COASTAL LAND USE PLAN TO REFLECT THE LOCATION, TYPE, DENSITIES AND INTENSITIES OF LAND USES ESTABLISHED BY THE NEW LAND USE ELEMENT AND INCORPORATION OF OTHER NEW POLICIES OF THE GENERAL PLAN. Action: Adopt Resolution No. 2007•_ approving the Coastal Land Use Plan and authorizing submittal to the Coastal Commission for formal review and approval. XX 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.