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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, November 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://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 November 27, 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 Ix PRESENTATIONS Presentation by The Irvine Company Regarding the Pelican Hills Golf Course and Resort 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. XII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 11) 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 AND REGULAR MEETING OF NOVEMBER 13, 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. RESOLUTION LIMITING PARKING TO TWO -HOURS ALONG THE SOUTH SIDE OF CLIFF DRIVE EXCLUDING THE FRONTAGES OF 2907, 2911, 2915 AND 2919 CLIFF DRIVE. , a) Rescind Resolution No. 2001 -88; and b) adopt Resolution No. 2007 -_ limiting parking to two - hours from 8:00 a.m. to 4:00 p.m., Monday through Saturday, on the south side of Cliff Drive from the westerly limit of Cliff Drive Park to San Bernardino Avenue excluding the frontages of 2907, 2911, 2915 and 2919 Cliff Drive. C. CONTRACTS AND AGREEMENTS 4. PROFESSIONAL SERVICES AGREEMENT WITH OIL WELL SERVICE COMPANY FOR OIL WELL REPAIR SERVICES. Approve Professional Services Agreement with Oil Well Service Company for on -call repair services for oil well pumping units and authorize the Mayor and the City Clerk to execute the Agreement. 5. OASIS SENIOR CENTER FUNDRAISING CONSULTANT AGREEMENT - APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH NETZEL ASSOCIATES, INC. Approve a Professional Services Agreement with Netzel Associates, Inc. to assist the Friends of OASIS in the capital fundraising program at a not to exceed price of $42,600, and authorize the Mayor and City Clerk to execute the Agreement. 6. WESTCLIFF AREA STREETLIGHT, SAN MIGUEL AND BONITA CREEK PARK LIGHTING IMPROVEMENTS (C -8868) - REJECT ALL BIDS. Reject all bids. NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS (C -8937) - REVISE CONTRACT VALUE FOR COMPLETION. Accept the work with the revised contract value of $159,413.76. 8. COAST HIGHWAY MEDIANS - PHASE 1B (C- 3867). - 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 of Completion has been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bond one year after Council acceptance. 9. MCFADDEN SQUARE CENTENNIAL MONUMENT (C -3981) - AWARD OF CONTRACT. a) Approve the plans and specifications; b) award C -3981 to Hillcrest Contracting, Inc. for the total bid price of $369,582.75 and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $37,000 (10%) to cover the cost of unforeseen work; and d) approve a budget amendment (08BA -026) in the amount of $235,500 from unappropriated General Fund Reserve to Account No. 7015- C8002005. 10. RESOURCE AND RECREATION MANAGEMENT PLAN (RRMP) FOR BUCK GULLY; CONTRACT WITH THE IRVINE RANCH CONSERVANCY (IRC). Authorize the Mayor to enter into a Professional Services Agreement with the Irvine Ranch Conservancy (IRC) to develop and implement an RRMP for Buck Gully. D. MISCELLANEOUS 11. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES - HYATT REGENCY ENVIRONMENTAL IMPACT REPORT (EIR). Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. PUBLIC HEARINGS 12. PANINI CAFE APPEAL, 2421 E. COAST HIGHWAY (PA2007 -063) - USE PERMIT NO. 2007 -010 TO OPERATE A 3,820 SQUARE FOOT (SF), FULL - SERVICE, HIGH TURNOVER EATING AND DRINKING ESTABLISHMENT WITH A NET PUBLIC AREA OF 640 SF, AND TO ALLOW ALCOHOL BEVERAGE SERVICE OF BEER AND WINE WITH A TYPE "41" ABC LICENSE; ACCESSORY OUTDOOR DINING PERMIT NO. 2007 -006 TO ALLOW THE CONSTRUCTION AND OPERATION OF A 160 SF OUTDOOR DINING AREA IN CONJUNCTION WITH THE PROPOSED FULL - SERVICE RESTAURANT; AND OFF SITE PARKING AGREEMENT NO 2007 -001 TO SATISFY THE OFF- STREET PARKING REQUIREMENT FOR THE PROPOSED RESTAURANT UTILIZING THE OFF -SITE PROPERTY LOCATED AT 7 CORPORATE PLAZA. Action: a) Conduct public hearing; and b) adopt Resolution No. 2007 -_ . upholding and affirming the decision of the Planning Commission to approve Use Permit No. 2007 -010, Accessory Outdoor Dining Permit No. 2007 -001, and Off -Site Parking Agreement on Property Located at 2421 Coast Highway (PA2007 -063). 13. ADOPTION OF THE 2007 CALIFORNIA FIRE CODE (TITLE 24, PART 9) AND THE 2006 INTERNATIONAL FIRE CODE WITH AMENDMENTS AS PART OF THE NEWPORT BEACH MUNICIPAL CODE. Action: a) Conduct public hearing; and b) introduce Ordinance No. 2007 -_ amending Title 9 of the NBMC to adopt the 2007 California Fire Code (Title 24, Part 2 of the California Code of Regulations) and local amendments, and the 2006 International Fire Code, and pass to second reading on December 11, 2007. 14. ADOPTION OF THE 2007 CALIFORNIA BUILDING CODES. Action: a) Conduct public hearing; and b) introduce Ordinance No. 2007 -_ for local amendments, and pass to second reading on December 11, 2007. XV. PUBLIC COMMENTS Rablic 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 -ND ORAL STATUS REPORT 15. PLANNING COMMISSION AGENDA FOR NOVEMBER 15, 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 - None 0 16. PROPOSED ASSESSMENT DISTRICT NO. 92 - AREA GENERALLY BOUNDED BY RIVERSIDE AVENUE, CLIFF DRIVE, TUSTIN AVENUE, AND WEST COAST HIGHWAY - FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT. Action: a) Adopt the following resolutions: (1) Resolution No. 2007 -_ receiving a petition for, adopting a map showing the proposed boundaries of, and making appointments for proposed Assessment District No. 92; (2) Resolution No. 2007 -_ declaring intention to order the construction of certain improvements in proposed Assessment District No. 92; declaring the improvements to be of special benefit; describing the District to be assessed to pay the costs and expenses thereof; providing for the issuance of bonds; and designating the area an Underground Utilities District; (3) Resolution 4 No. 2007 -_ giving preliminary approval to the report of the Assessment Engineer for Assessment District No. 92, setting a time and place for a public hearing as January 22, 2008; and ordering the intention of assessment ballot procedures; and (4) Resolution No. 2007 -_ approving utility improvement contracts for utility improvements for Assessment District No. 92; and b) approve the Bond Counsel Agreement with Robert Hessell and authorize the Mayor and City Clerk to execute the agreement. 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. MU. ADJOURNMENT