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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, July 24, 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://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 July 24, 2007 I. STUDY SESSION - 4:00 p.m. H. 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 - Mrs. Marianne Scott, First Church of Christ Scientist I)c PRESENTATIONS Introduction of Sister Cities International Youth Conference Representatives. Recognition of James M. "Mickey" Dunlap for his eight years of service on the Civil Service Board. 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. ANION 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. XII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 17) 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 ADJOURNED REGULAR AND REGULAR MEETING OF JULY 10, 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. AMENDMENT TO THE TRAFFIC PHASING ORDINANCE (TPO). Adopt Ordinance No. 2007.12 amending Chapter 15.40 of the NBMC (the Traffic Phasing Ordinance) to delete references to NBTAM and to make the Institute of Transportation Engineers' Trip Generation the primary source for calculating trip generation rates. C. RESOLUTIONS FOR ADOPTION 4. NEWPORT BEACH BREWING COMPANY, REVIEW OF USE PERMIT NO. 3485, 2920 NEWPORT BOULEVARD (PA2006 -177). Adopt Resolution No. 2007- 5. EXECUTION OF FISCAL YEAR 2006 HOMELAND SECURITY GRANT PROGRAMS TRANSFER AGREEMENTS. Adopt Resolution No. 2007- _ authorizing the Police Chief, Fire Chief and City Manager to act as "Authorized Agents" to execute the necessary documents in conjunction with the agreements. 6. RESOLUTION CHANGING STREET SWEEPING PARKING RESTRICTIONS ON THE WEST SIDE OF HIGHLAND STREET NORTH OF COAST HIGHWAY. a) Adopt Resolution No. 2007- - changing street sweeping operation and related No Parking restrictions on the west side of Highland Street, north of Coast Highway from Monday (9:30 a.m. to 12:30 p.m.) to Tuesday (9:30 a.m. to 12:30 p.m.); and b) rescind Resolution No. 2004 -82. D. CONTRACTS AND AGREEMENTS BUFFALO HILLS PARK LIGHTING - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH JMD, INC. Approve an Amendment to the Professional Services Agreement with JMD, Inc. (formerly known as JMDiaz, Inc.) of the City of Industry for additional engineering services at a not to exceed price of $20,502 and authorize the Mayor and the City Clerk to execute the Amendment. 8. OCEANFRONT SAND REPLENISHMENT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT AND NICHOL FOR ENGINEERING SERVICES. Approve a Professional Services Agreement with Moffatt & Nichol of Long Beach for professional engineering services at a not to exceed price of $173,498 and authorize the Mayor and the City Clerk to execute the Agreement. 9. BUCK GULLY WETLANDS MAINTENANCE ROAD REPAIRS AT 5TH STREET - AWARD OF CONTRACT (C- 3778). a) Approve the drawings and specifications; b) award the contract (C -3778) to McKenna General Engineering Inc. for the total bid price of $344,823.60, and authorize the Mayor and City Clerk to execute the contract; c) establish an amount of $34,500 (10 %) to cover the cost of unforeseen work; and d) approve a budget amendment (08BA -004) in the amount of $136,323.60 ($68,000 from Account No. 7501- C6002001 [Ocean Birch Drive Water Main] to 7501- C5100659 [Buck Gully Wetlands Maintenance Road Repairs] and $68,323.60 from Account No. 010 -3605 [Unappropriated General Fund]) to Account No. 7011 - 05100659. 10. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES - HYATT REGENCY ENVIRONMENTAL IMPACT REPORT (EIR). Receive and File. 11. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH GABLE ENGINEERING, INC. FOR CIP PROJECT MANAGEMENT SERVICES. Approve Amendment No. 1 to Professional Services Agreement with Gable Engineering, Inc. at a not to exceed price of $104,000 and authorize the Mayor and City Clerk to execute the agreement. uy/ : , 12. REQUEST FOR ADDITIONAL FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICTS 92, 100, 101 AND 103. Approve a budget amendment (08BA -006) in the amount of $140,525 from the General Fund Unappropriated Reserves and appropriate to the following Assessments Districts: AD -92 (Acct. 74092.9811) - $19,500; AD -100 (Acct. 74100.9811) - $50,425; AD -101 (Acct. 74101 -9811) - $11,600; and AD- 103 (Acct. 74103 -9811) - $59,000. 13. RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMITTEE TO FILL EDC VACANCIES. Fill current Economic Development Committee vacancies by appointing Danielle Sims as the Newport Center representative and Sheri Drewry as the representative for the restaurant industry. 14. GRAND JURY RESPONSE TO THE REPORT "NEWPORT HARBOR MOORINGS: ARE THEY HELD IN THE PUBLIC TRUST OR FOR PRIVATE PROFIT ?" Authorize the Mayor to transmit a response to the Grand Jury findings and recommendations regarding a Newport Harbor mooring investigation to the Presiding Judge of the Grand Jury and the Grand Jury Foreman. 15. CIVIL SERVICE BOARD RULE CHANGE. Change Civil Service Rule 501.2.2.A to allow the Civil Service Board to make an exception regarding the six month waiting period for promotional exams only on a case -by -case basis when recommended by the Police Chief or Fire Chief. 16. PURCHASE OF POLICE DEPARTMENT DIGITAL VIDEO SYSTEM FOR JAIL AND POLICY FACILITY. a) Authorize the purchase of Police facility DVR system from existing CIP budget appropriations, Budget No. 7017- C1820819 ($222,000); b) remove and replace current VHS video system with a DVR recording system; and c) use Silicon Avenue as a single source vendor to provide the equipment and installation of the system. 17. STRATEGIC PLAN FOR FISCAL AND ECONOMIC STABILITY. a) Approve Strategic Plan for Fiscal and Economic Stability; and b) approve a budget amendment (08BA -005) transferring $350,000 from unappropriated General Fund Reserve to Account 2720.8080 Economic Development Professional and Technical Services. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. PUBLIC HEARING 18. LOCAL COASTAL PLAN (LCP) AMENDMENT NO. 2005 -001 — SANTA BARBARA CONDOS (PA2004 -169) [APPLICANT -CITY & LENNAR HOMES] — THE AMENDMENT INCLUDES MODIFICATIONS APPROVED BY THE CALIFORNIA COASTAL COMMISSION, INCLUDING THE ADDITION OF A NEW POLICY TO THE COASTAL LAND USE PLAN. Action: a) Hold a public hearing; and b) approve LCP Amendment No. 2005- 001 by adopting Resolution No. 2007 -_ 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 XVIII. 19. PLANNING COMMISSION AGENDA FOR JULY 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. 20. STATUS REPORT ON THE CITY HALL SITE INVESTIGATION AT THE OCTA TRANSPORTATION CENTER AND NEWPORT CENTER PARK WITH POTENTIAL DIRECTION TO STAFF. Action: Provide direction to staff as to the next steps, if any, that should be taken. 21. NEWPORT CENTER PARK CONCEPT PLAN. Action: No recommendation. XDC -CURRENT BUSINESS 22. DESIGNATION OF VOTING DELEGATES FOR 2007 LEAGUE ANNUAL CONFERENCE - SEPTEMBER 5 - S, 2007 IN SACRAMENTO. Action: Designate the Conference and (two alternates allowed). as the City's Voting Delegate for as the Voting Alternates XK 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. ►17