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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, November 28, 2006 Regular Council Meeting - 7:00 p.m. DON WEBB MAYOR STEVEN ROSANSKY EDWARD D. SELICH Mayor Pro Tem Council Member TOD W. RIDGEWAY Council Member LESLIE J. DAIGLE Council Member HOMER BLUDAU - City Manager, HARKLESS - City Clerk, STEPHEN G. WOOD - Assistant City Manager. RICHARD A. NICHOLS Council Member KEITH D. CURRY 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 . November 28, 2006 STUDY SESSION - Cancelled CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS &ir�irkkirkvkdevFvte4 @tea && A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C. CLOSED SESSION REPORT (if annlicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Reverend Robert Jordan Ross, Newport Universalist Society F. PRESENTATIONS Grand Jury Recruitment Presentation Operation Christmas 2006 Presentation by Brad White, National Chairman, Yellow Ribbon America Friends of the Library Presentation of Check Bayview Landing Senior Apartments Award G. NOTICE TO THE PUBLIC The City provides a yellow sign -in cord to assist in the preparation of the minutes. The completion of the cord 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. H. 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. I. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 12) 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. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETINGS OF NOVEMBER 14, 2006. 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. ORDINANCES FOR ADOPTION 3. CODE AMENDMENT 2006 -006 - MARINE CHARTER LAND USE AND PARKING REGULATIONS (PA 2006 -194). Adopt Ordinance No. 2006.24 approving Code Amendment No. 2006 -006 revising land use regulations and parking requirements for marine charters. 4. CODE AMENDMENT 2006 -005 - GROUP RESIDENTIAL FACILITIES (PA 2006 -198). Adopt Ordinance No. 2006.25 approving Code Amendment No. 2006 -005 revising regulations relating to Group Residential Facilities. CONTRACTS AND AGREEMENTS 5. AMENDMENT NO. 1 TO AGREEMENT NO. D98 -096 WITH COUNTY OF ORANGE FOR THE IRVINE AVENUE ROADWAY WIDENING PROJECT FROM SOUTH BRISTOL STREET TO MESA DRIVE. Approve Amendment No. 1 to Agreement No. D98 -096 with the County of Orange for additional responsibilities and cost sharing for the Irvine Avenue Widening project from South Bristol Street to Mesa Drive. 6. MEMORANDUM OF UNDERSTANDING (MOU) WITH THE PELICAN POINT COMMUNITY ASSOCIATION. Approve the MOU with the Pelican Point Community Association to include the Association under the City's ocean discharge exception application to the State Water Resources Control Board to allow storm water discharge to Areas of Sensitive Biological Significance and authorize the Mayor, City Attorney and City Clerk to sign the MOU. 7. BAY AVENUE AREA DRAINAGE IMPROVEMENTS - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3695). 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) 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 4) release the Faithful Performance Bond one (1) year after Council acceptance. 8. FIRE STATION NO. 6 GENDER MODIFICATIONS AND POLICE DEPARTMENT BUILDING MODIFICATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3640). 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) 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 4) release the Faithful Performance Bond one (1) year after Council acceptance. 9. BACK BAY SCIENCE CENTER - APPROVAL OF AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENT WITH DOUGLAS E. BARNHART, RON YEO, AND GAIL P. PICKART. 1) Approve Amendment No. 1 to the Construction Management at Risk Agreement with Douglas E. Barnhart, Inc. increasing their compensation by $98,314 and authorize the Mayor and City Clerk to execute the Amendment; 2) approve Amendment No. 3 to the Professional Services Agreement with Ron Yeo, FAIR, Architect, increasing his compensation by $52,422 and authorize the Mayor and the City Clerk to execute the Amendment; 3) approve Amendment No. 4 to the Professional Services Agreement with Gail P. Pickart, P.E., increasing his compensation by $35,000 and authorize the Mayor and the City Clerk to execute the Amendment; and 4) approve a budget amendment (07BA -029) in the amount of $197,736 from the unappropriated Tide and Submerged Lands Fund to Account No. 7457- C0310600. MISCELLANEOUS 10. SANTA ANA RIVER VISION PLAN - ADVISORY COMMITTEE FORMATION (contd. from 11/14 /06). 1) Adopt Resolution No. 2006 -_ establishing the Santa Ana River Advisory Committee; 2) appoint the proposed list of organizations and their designated representatives to the City's Santa Ana River Advisory Committee; 3) designate Mayor Pro Tem Rosansky to chair the committee; and 4) accept a $5,000 grant from The Wildlands Conservancy to begin work on a vision document. 11. PURCHASE OF PLAYGROUND EQUIPMENT AT MARINERS PARK. Approve the purchase of Landscape Structures Play Equipment in the amount of $56,651.83, which will be funded through the State of California 2002 Resource Bond Act. 12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO MAINTENANCE & OPERATIONS BUDGET ACCOUNTS FOR FY 2006/07. Approve a budget amendment (07BA -028) to increase revenue estimates by $158,550 in Account No. 4091 -5892 (Friends of the Library Donations), and increase maintenance and operations expenditure estimates by $155,550 in Division 4091, Friends, and $3,000 in Division 4060, Literacy. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR K. PUBLIC HEARINGS 13. DAVID F. WILHELM MEDICAL OFFICE. - 2382 BRISTOL STREET - APPEAL OF PLANNING DIRECTOR USE PERMIT NO. 2006-021, REQUESTING TO CONVERT 2,625 SQUARE FOOT OFFICE AREA TO MEDICAL OFFICE USE WITHIN AN EXISTING 10,500 SQUARE FOOT OFFICE BUILDING COMPLEX (PA2006 -193). Action: Conduct public hearing and take one of the following actions: 1) Uphold the decision of the Planning Commission and deny Use Permit No. 2006 -021 by adopting Resolution No. 2006- _; OR 2) Affirm the decision of the Planning Director and approve Use Permit No. 2006.021 by adopting Resolution No. 2006 -_. L. 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. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report - Local Coastal Program Certification Committee Status report - Newport Coast Advisory Committee Status report - City Centennial 2006 Committee Status report - City Council/Citizens Ad Hoc Committee for Marina Park Planning Status report - City Council Ad Hoc Marina Park Advisory Committee Status report - Other Committee Activities N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR NOVEMBER 16, 2006. Action: 1) Receive oral report on the most recent Planning Commission actions; 2) Council Member appeal of Planning Commission, Modification Committee or Planning Director approvals subject to appeal; and 3) Receive and file written report. 15. DEVELOPMENT REVIEW, PLAN CHECKING AND PLANNING DEPARTMENT OPERATIONS STATUS REPORT. Action: Receive and file. 4 O. CURRENT BUSINESS 16. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION. Action: 1) Declare a vacancy on the Planning Commission due to the election of Michael Henn as the District 1 City Council member. 2) Confirm the Mayor's appointment of , and to serve on the Ad -Hoc Appointments Committee. 3) Direct the City Clerk to post and publish a Special Vacancy Notice requesting that applications be submitted by 4:00 p.m. on Thursday, December 21, 2006, and schedule the submission of the nominations to the Council on January 9, 2007 with the final appointment to be made on January 23, 2007. 17. APPEAL PROCEDURES. Action: Adopt Resolution No. 2006 -_ initiating an amendment to Title 20 of the NBMC to revise procedures relating to the initiation of appeals by City Council Members. 18. INDEMNIFICATION FROM THIRD PARTY CHALLENGES TO CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATIONS AND OTHER DISCRETIONARY APPROVALS. Action: Introduce Ordinance No. 2006 -_ and pass to second reading on December 9, 2006. 19. PURCHASE OFFICE TRAILERS. Action: 1) Approve a budget amendment (07BA -027) transferring the amount of $75,000 from the unappropriated General Fund to Account No. 5100 -9400; 2) Approve a budget amendment (07BA -027) transferring the amount of $75,000 from the unappropriated General Fund to Account No. 2710 -9400; and 3) Approve the purchase of two (2) 24' x 40' office trailers from Modular Structures International at a cost not to exceed $94,242. P. 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. Q. ADJOURNMENT