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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, April 24, 2007 Regular Council Meeting - 7:00 p.m. STEVEN ROSANSKY Mayor EDWARD D. SELICH DON WEBB Mayor Pro Tern LESLIE J. DAIGLE Council Member MICHAEL F. HENN Council Member HOMER BLUDAU - City Manager, HARKLESS - City Clerk, STEPHEN G. WOOD - Assistant City Manager. Council Member 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 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://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 April 24, 2007 I. STUDY SESSION — 3:30 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 — Reverend Leah Stout, St. Andrews Presbyterian Church D{. PRESENTATIONS Relay for Life Presentation. 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 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. 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. RED LIGHT WILL SIGNIFY WHEN SPEAKERS TIME LIMIT IS UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. XIL 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 box provided at the podium. A. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING OF APRIL 10, 2007 AND THE REGULAR MEETING OF APRIL 10, 2007. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND full of all ordinances and resolutions Clerk to read by title only. RESOLUTION FOR ADOPTION RESOLUTIONS. Waive reading in under consideration, and direct City 3. RESOLUTION REAFFIRMING SUPPORT FOR THE GROUNDWATER REPLENISHMENT SYSTEM, A JOINT EFFORT OF THE ORANGE COUNTY WATER DISTRICT AND THE ORANGE COUNTY SANITATION DISTRICT. Adopt Resolution No. 2007 -_ reaffirming support for the Groundwater Replenishment System, a joint effort of the Orange County Water District and the Orange County Sanitation District. C. CONTRACTS AND AGREEMENTS 4. RADIO COMMUNICATION TOWER: LEASE AGREEMENT, REIMBURSEMENT AGREEMENT, BUDGET AMENDMENT (contd. from 4/10/07). Continue to May S, 2007. 5. DOVER DRIVE SIDEWALK — APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC., FORMERLY KNOWN AS VAN DELL AND ASSOCIATES. Approve Amendment No. 4 to Professional Services Agreement with VA Consulting, Inc., formerly known as Van Dell and Associates, for a not to exceed amount of $5,455 and authorize the Mayor and the City Clerk to execute the Amendment. 6. NEWPORT BAY INTEGRATED REGIONAL WATERSHED MANAGEMENT PLAN — AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH CONNECTIVE ISSUES (KRISTA SLONIOWSKI). Approve Amendment No. 1 to the Professional Services Agreement with Connective Issues (Krista Sloniowski) to prepare the Final Integrated Regional Watershed Management Plan (IRWMP) for the Newport Bay Watershed at a not to exceed price of $71,400 and authorize the Mayor and City Clerk to execute the Agreement. 7. MARINERS PARK LIBRARY AND RESTROOM DEMOLITION - AWARD OF CONTRACT (C- 3864). a) Approve the plans and specifications; b) award the contract (C -3864) to Good Life, Inc., dba U.S. Construction & Trucking /Good Life Inc. (U.S. Construction) for the total bid price of $84,796, and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $8,479 to cover the cost of unforeseen work. 8. UPPER BAY AND HARBOR AREA MANAGEMENT PLAN - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH LARRY PAUL AND ASSOCIATES FOR PROJECT MANAGEMENT. Approve Amendment No. 1 to the Professional Services Agreement with Larry Paul and Associates of Newport Beach to provide project management services for the Harbor Area Management Plan and coordinate integration efforts with the Newport Bay Integrated Regional Watershed Management Plan at a not to exceed price of $30,000 and authorize the Mayor and City Clerk to execute the Agreement. 9. BACK BAY SCIENCE CENTER - OPERATING AGREEMENT AND LEASE AGREEMENT. a) Authorize the Mayor to execute a Lease Agreement in substantially similar form to the draft Lease Agreement attached to the staff report with the California Department of Fish and Game (DFG) that would authorize the City to provide basic facilities maintenance for the Back Bay Science Center; b) authorize the Mayor to execute an Operating Agreement in substantially similar form to the draft operating Agreement attached to the staff report between the City, DFG, the County, and UCI regarding the operations and management of the BBSC; and c) authorize staff to align the terms of the existing and approved County -City Sublease for the Water Quality Lab wing of the BBSC to align it with the terms of the Sublease with the City -DFG Lease Agreement (if necessary). D. MISCELLANEOUS 10. REPORT DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED TO THE ADOPTION OF INTERIM URGENCY ORDINANCE NOS. 2005 -7, 2005 -11, 2006 -010 REGULATING MEDICAL MARIJUANA DISPENSARIES. Receive and file. 11. UTILIZE ASSISTANCE TO FIRE ACT GRANT (AFG) FUNDS TO PURCHASE SCBA (SELF CONTAINED BREATHING APPARATUS) EQUIPMENT. Approve a sole source contract with A11Star Fire Equipment Inc. with an amount not to exceed $238,843 for the SCBA (Self Contained Breathing Apparatus) equipment. 12. ACCEPTANCE OF 2006 -2007 STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) CLICK IT OR TICKET, SEAT BELT COMPLIANCE CAMPAIGN. a) Approve a budget amendment (07BA -069) in the amount of $24,195 for the Police Department Budget in Fiscal Year 2006/2007 to fund additional seat belt enforcement as part of the California Office of Traffic Safety Seat Belt Compliance Program; and b) authorize the Administrative Services Director to establish revenue and expenditure accounts to facilitate the administration of these grant funds. 13. ACCEPTANCE OF QUIT CLAIM DEED FOR MACARTHUR BOULEVARD RIGHT -OF -WAY FROM BIG CANYON COUNTRY CLUB. Accept the Quitclaim Deed for the MacArthur Boulevard right of way from Big Canyon Country Club and authorize the City Manager to execute the Quitclaim Deed documents. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. PUBLIC HEARING 14. IN -LIEU PARK DEDICATION FEE ADJUSTMENT — APPRAISAL OF EASTBLUFF AND BOB HENRY PARK (contd. from 2/27/07, 3/13/07, 3/27/07 & 4/10/07). 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. HOAG MEMORIAL HOSPITAL PRESBYTERIAN SERIES 2007 HEALTH CARE FACILITY REVENUE BONDS. Action: Hold the public hearing and adopt Resolution No. 2007 authorizing the sale of not to exceed $500 million of City of Newport Beach Insured Demand Revenue Bonds (Hoag Memorial Hospital Presbyterian) Series 2007; the execution and delivery of the Loan Agreement in substantially the form presented; the execution and delivery of the Indenture in substantially the form presented; the execution and delivery of the Preliminary Official Statement (including Appendix A) in substantially the form presented; the execution and delivery of the Bond Purchase Contract in substantially the form presented; and staff to take the necessary steps to close the bond sale. 16. REVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FISCAL YEAR 2007 -2008 ONE -YEAR ACTION PLAN FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Action: a) Hold a public hearing to receive comments on the 2007 -2008 CDBG Action Plan; b) approve the 2007 -2008 CDBG Action Plan; c) authorize the City Manager or his designee to execute the FY 2007- 2008 CDBG Program Grant Agreement and all related documents on behalf of the City; and d) adopt Resolution No. 2007 -_ authorizing the City Manager to submit the FY 2007 -2008 application for CDBG funds and One -Year Action Plan to HUD. 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 17. PLANNING COMMISSION AGENDA FOR APRIL 19, 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. XVIII. CONTINUED BUSINESS 18. CITY COUNCIL CONSIDERATION OF DRAFT PRIORITY GOALS FOR THE COMMUNITY IN FY 2007 -2008. Action: Council to make whatever collective changes, if any, it is comfortable with in determining realistic Council priority goals for the next 12 months. XVIX. CURRENT BUSINESS 19. APPOINTMENT BY MAYOR OF AD -HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO OCCUR ON JUNE 30, 2007. Action: Confirm the Mayor's appointment of and (Chair) to serve on the ac -hoc appointments committee to review applications and make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 2007. 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. XXI. ADJOURNMENT