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HomeMy WebLinkAboutS0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITE' OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, August 14, 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 KEITH D. CURRY Council Member NANCY GARDNER Council Member 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 -3000. 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 August 14, 2007 TELECONFERENCE LOCATION PURSUANT TO GC §54953(b): 1024 OCEAN BOULEVARD ST. SIMONS ISLAND, GA 31522 I. STUDY SESSION - 4:OO 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 Tim McCalmont, Presbyterian Church of the Covenant IX. PRESENTATIONS Proclamation Honoring Disneyland Scholarship Recipient. 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. )UL CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 15) 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 24, 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. RESOLUTIONS FOR ADOPTION 3. NEWPORT BEACH BREWING COMPANY, REVIEW OF USE PERMIT NO. 3485, 2920 NEWPORT BOULEVARD (PA2006 -177) (contd. from 7/24/07). Adopt Resolution No. 2007 -_ C. CONTRACTS AND AGREEMENTS 4. MCFADDEN PLAZA CENTENNIAL MONUMENT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH PERIDIAN INTERNATIONAL, INC. 1) Approve a Professional Services Agreement with Peridian International, Inc. of Newport Beach for the McFadden Plaza Centennial Monument project at a not to exceed price of $35,500 and authorize the Mayor and City Clerk to execute the agreement; and b) approve a budget amendment (08BA -007) increasing revenue estimates in 0129 -5887 by $45,000.00 and increasing expenditure appropriations in 7251- C8002005 by $45,000.00 to cover the costs for design and preparation of an environmental document and application package for a Coastal Development Permit. 5. BUCK GULLY SEWER FORCE MAIN RELOCATION - AWARD OF CONTRACT (C- 3803). a) Approve the plans and specifications; b) award the contract (C -3803) to Mike Pncch & Sons Inc. for the total bid price of $274,633, and authorize the Mayor contract; and c) establish an amount unforeseen work. and the City Clerk to execute the of $27,000 (10 %) to cover the cost of 6. POLICE FACILITY PERIMETER SECURITY FENCE - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3861). a) Accept the work; b) authorize the City Clerk to file a Notice of Completion; c) authorize the City Cleric 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 d) release the Faithful Performance bond one year after City Council acceptance. 7. RELEASE OF SURETY FOR OFF -SITE PUBLIC IMPROVEMENTS COMPLETED ON 15TH STREET FOR TRACT NO. 16468 (ONE NAUTICAL MILE). a) Accept the off -site public and private improvements constructed as Tract No. 16468 per conditions of approval; and b) authorize the City Cleric to release Faithful Performance Bond No. 104304075 in the amount of 5135,000 for public improvements along 15th Street. 8. ADVANCED BUILDING MAINTENANCE AGREEMENT. Approve the contract for janitorial services with Advanced Building Maintenance. D. MISCELLANEOUS 9. ACCESSORY OUTDOOR DINING PERMIT NO. 2007 -001 - 338 BAYSIDE DRIVE (PA2007 -004). Take no action on the appeal. 10. RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMITTEE (EDC) TO FILL AN EDC VACANCIES'. Fill current Economic Development Committee vacancy by appointing F. M. (Fred) Ameri as the Building Industry Association (BIA) representative. 11. MEGAN'S LAW REGISTRATION AND MONITORING PROCESS. Receive and file. 12. NEWPORT COAST COMMUNITY CENTER AUDIO VISUAL EQUIPMENT. Authorize the City Manager to use a portion of the Newport Coast Community Center (NCCC) FF &E account to purchase audio visual equipment as specified in the Equipment List Specifications in an amount not to exceed $115,000. 13. ACCEPT OFFICE OF TRAFFIC SAFETY (OTS) GRANT AND INCREASE STAFFING BY ONE POLICE OFFICER. Accept grant funding from the Office of Traffic Safety (OTS) in the amount of 5532,000, which funds additional equipment, overtime, and one additional full -time Police Officer position, effective October 1, 2007, for the purpose of enforcing Driving Under the Influence (DUI) violations and other traffic - related offenses as outlined in Grant No. PT0802. 14. WEST SANTA ANA HEIGHTS ANNEXATION UPDATE. Receive and file. 15. BUDGET AMENDMENT FOR PROFESSIONAL LEGAL SERVICES FOR EELGRASS ISSUES IN LOWER NEWPORT BAY. Approve a budget amendment (08BA -008) transferring $165,000 from General Fund unappropriated reserves to the City Attorney's Professional and Technical account 0510 -8080. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. PUBLIC HEARING 16. AERIE (PA2005 -196) — 201 -205 & 207 CARNATION AVENUE AND 101 BAYSIDE PLACE — THE PROJECT CONSISTS OF THE DEMOLITION OF AN EXISTING 14 -UNIT APARTMENT BUILDING AND SINGLE- FAMILY RESIDENCE AND THE CONSTRUCTION OF A NEW, 9 -UNIT RESIDENTIAL CONDOMINIUM BUILDING. Action: a) Hold a public hearing; b) consider the revised draft Mitigated Negative Declaration (MND) and any new comments received; adopt Resolution No. 2007 -_ adopting the draft MND and approving General Plan Amendment No. 2005 -006, Coastal Land Use Plan Amendment No, 2005 -002, Newport Tract Map No. 2005 -004 (TTM16882), Modification Permit No. 2005 -087, and Coastal Residential Development Permit No. 2005 -002; and c) introduce Ordinance No. 2007 -_ amending the Zoning Districting Map, thereby, approving Code Amendment No. 2005 -009. XV. PUBLIC COMMENTS Public Comments are inuited 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 AUGUST 9, 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 /M is. APPROVAL OF TEN YEAR AGREEMENT WITH CR &R INC. TO PROVIDE FULLY AUTOMATED RESIDENTIAL REFUSE COLLECTION SERVICES IN NEWPORT COAST. Action: Approve the terms of the agreement and award a ten -year agreement with CR &R, Inc. through September 30; 2017 to provide fully automated residential refuse collection services in the Newport Coast area. 19. APPROVAL OF THE REORGANIZATION PLAN FOR THE PUBLIC WORKS DEPARTMENT. Action: a) Approve the proposed Reorganization Plan for the Public Works Department; and b) authorize staff to make the necessary changes to implement the approved Reorganization Plan. 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 NOTE: PURSUANT TO GOVERNMENT CODE SECTION 54953(b), THIS MEETING WILL INCLUDE TELECONFERENCE PARTICIPATION BY COUNCIL MEMBER DON WEBB FROM THE ADDRESS LISTED ABOVE. THE NOTICE AND AGENDA WILL BE POSTED AT THE TELECONFERENCE LOCATION AND PUBLIC COMMENT FROM SUCH ADDRESS SHALL BE ALLOWED.