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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, October 23, 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 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, I inutes 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 October 23, 2007 I. STUDY SESSION - 4:00 pan. 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- Rabbi Marc Rubenstein, Temple Isaiah IY- PRESENTATIONS - None M 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. XII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I — 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 ADJOURNED REGULAR AND REGULAR MEETING OF OCTOBER 9, 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. 3. VEHICLE CODE ENFORCEMENT FOR NEWPORT RIDGE NORTH. Introduce Adopt Ordinance No. 2007 -16 amending Chapter 12.66 of the Newport Beach Municipal Code to apply provisions of the California Vehicle Code (CVC) to private roads in the Newport Ridge North neighborhood. . �'. J@we94, 4. RESOLUTION ALLOWING REMOVAL OF VEHICLES (EXCLUDING BUSSES) ADJACENT TO 1601 16TH STREET. a) Adopt Resolution No. 2007 -_ allowing removal of vehicles, excluding busses, adjacent to the Environmental Nature Center (ENC) located at 1601 16th Street between the hours of 8:30 a.m. and 2:30 p.m., Monday through Friday and b) rescind Resolution No. 2007 -40. D. CONTRACTS AND AGREEMENTS 5. SANTA ANA HEIGHTS EQUESTRIAN FACILITY — AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH KEETON KREITZER CONSULTING. Approve an amendment to Professional Services Agreement with Keeton Kreitzer Consulting for project management services and additional environmental analysis associated with the preparation of an Initial Study/Mitigated Negative Declaration not to exceed the cost of $19,960, and authorize the Mayor and City Clerk to sign the agreement. 6. NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS (C -3937) — COMPLETION AND ACCEPTANCE. a) Accept the work; b) authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice 2 of Completion has been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance bond 1 year after Council acceptance. SELECTION OF A VENDOR FOR CONTRACT NEGOTIATIONS FOR THE LANDSCAPE MAINTENANCE OF CITY MEDIANS AND ROADSIDE AREAS. a) Direct staff to negotiate a two -year agreement with Merchants Landscape Maintenance, Inc., of Santa Ana, to provide landscape maintenance services of City medians and roadside areas; and b) bring back an agreement for approval at the November 13 City Council meeting. 8. PROFESSIONAL SERVICES AGREEMENT FOR CONTRACT CONSULTING & PLANNING SERVICES FOR LOCAL COASTAL PROGRAM AMENDMENT ADVOCACY. a) Approve a Professional Services Agreement with Schmitz & Associates, Inc. for contract consulting, planning and advocacy services; b) authorize the City Manager to sign the agreement; and c) approve a budget amendment (08BA -020) increasing the expenditure appropriation of 2710 -8080 by $81,675 from the General Fund unappropriated fund balance. E. MISCELLANEOUS 9. BACK BAY SCIENCE CENTER (C -3460) - CONSTRUCTION COMPLETION REPORT. Receive and file the construction completion report. 10. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES - HOAG HEALTH CENTER ENVIRONMENTAL IMPACT REPORT (EIR). Receive and file. 11. HOUSING ELEMENT PROGRESS REPORT ADDENDUM. Review the Housing Element Progress Report Addendum and direct staff to forward the addendum to the State Department of Housing and Community Development. 12. APPROVAL OF DEVELOPMENT PLAN AND SCHEDULE FOR STATE WATER RESOURCES CONTROL BOARD SANITARY SEWER MANAGEMENT PLAN. Approve the Development Plan and Schedule for the Sanitary Sewer Management Plan (SSMP) as required by the State of California. 13. ACCEPTANCE OF URBAN AREAS SECURITY INITIATIVE (UASI) TRAINING FUNDS. a) Accept UASI Grant training funds in the amount of $32,190 to be utilized for reimbursement training costs associated with approved Department of Homeland Security (DHS) courses for emergency personnel; and 2) approve a budget amendment (08BA -019) increasing revenue estimates by $32,190 in Account No. 1820- 48661, UASI Grant, and increasing expenditure appropriations by $32,190 in Account No. 7014 - C1820973. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. PUBLIC HEARINGS - None 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. 14. PLANNING COMMISSION AGENDA FOR OCTOBER 18, 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. 15. MCFADDEN SQUARE CENTENNIAL LEGACY PROJECT — APPROVAL OF CONCEPT AND DESIGN; DECISION ON SCULPTURE CONTRACT. Action: a) Approve McFadden Square Centennial Legacy Project design and sculpture concept with selected artist/sculptor Hank Kaminsky of "The Village Sculptor" in Fayetteville, Arkansas, for a bronze sculpture and base and authorizing the City Manager to make . contract changes, if needed, that do not affect the contractual price and authorize the Mayor to sign the contract for $110,000; OR b) approve McFadden Square Centennial Legacy Project design and sculpture concept but await the bids on the hardscape portion of the project (set for November 27th agenda) in order to determine the true costs of the total project, prior to deciding whether to proceed with the sculpture part of the project. XIX CURRENT BUSINESS 16. JUSTICE ASSISTANCE GRANT. Action: Receive public comments and accept funding for the Crime Prevention Program under the provisions of the United States Department of Justice, Justice Assistance Grant 2007 -DJ -BX -0523. 17. OASIS SENIOR CENTER DEESIGN DEVELOPMENT, CONSTRUCTION DOCUMENTS, BIDDING AND CONSTRUCTION ADMINISTRATION — APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH ROBERT R. COFFEE, ARCHITECT + ASSOCIATES. Action: a) Approve a Professional Services Agreement with Robert R. Coffee, Architect + Associates for architectural services at a not to exceed price of $1,496,600, and authorize the Mayor and City Clerk to execute the agreement; and b) approve a budget amendment (08BA- 020) appropriating $1,496,600 from General Fund unappropriated surplus fund balance to Account 7453- C4410761. 18. BACK BAY VIEW PARK REPLENISHMENT AND ENHANCEMENT — APPROVAL OF LANDSCAPE CONCEPT PLAN AND APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH SWA. Action: a) Approve Replenishment and Enhancement Landscape Concept Plan; and b) approve a Professional Services Agreement with SWA of Laguna Beach for architectural landscape design services for a not to exceed price of $95,000 and authorize the Mayor and City Clerk to execute the agreement. 19. LETTER TO METROPOLITAN WATER DISTRICT REQUESTING DELAY IN FLUORIDATION START -UP AT THE DIEMER WATER TREATMENT PLANT. Action: Authorize staff to send letter to Metropolitan Water District requesting. delay of fluoridation start -up at the Diemer Water Treatment Plant currently scheduled to commence November 19, 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