HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, January 27, 2009
Regular Council Meeting - 7:00 p.m.
EDWARD D. SELICH
Mayor
KEITH D. CURRY DON WEBB
Mayor Pro Tern Council Member
MICHAEL F. HENN
Council Member
STEVEN ROSANSKY
Council Member
LESLIE J. DAIGLE
Council Member
NANCY GARDNER
Council Member
HOMER BLUDAU - City Manager LEILANI BROWN - City Clerk
DAVID HUNT - City Attorney SHARON WOOD - Assistant City Manager
STEPHEN BADUM - Public Works Director
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 generally 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 Leilani Brown, 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
January 27, 2009
I. STUDY SESSION - 3:30 p.m.
II. CLOSED SESSION - After Study Session - Council Chambers Conference Room
A. Conference with Legal Counsel - Anticipated Litigation - Initiation of
Litigation (Government Code & 54956.9(c) as to 2 matters:
1. Potential initiation of litigation against the state of California for errors in
allocation of sales and use taxes.
2. Potential initiation of litigation on one matter in which disclosure of its
underlying existing facts and circumstances would jeopardize the City's
ability to conclude existing settlement negotiations to the City's advantage.
B. Conference with Legal Counsel Existing Litigation (Government Code
4 54956.9(a)):
1. Sober Living By The Sea, Inc. v. City of Newport Beach, United States
District Court Case No. SA CV 08 -00200 JVS (MLGx)
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 - Jim de Boom, Newport Mesa Irvine Interfaith Council
IX PRESENTATIONS
Proclamation to the Corona del Mar High School Girls Cross Country Team
Proclamation to former City Attorney Robin Clauson
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.
ANY WRITINGS OR DOCUMENTS PROVIDED TO A MAJORITY OF THE
CITY COUNCIL REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE
AVAILABLE FOR PUBLIC INSPECTION IN THE OFFICE OF THE CITY CLERK
LOCATED AT 3300 NEWPORT BLVD. DURING NORMAL BUSINESS HOURS. IN ADDITION,
SUCH WRITINGS AND DOCUMENTS WILL BE POSTED ON THE CITY'S
WEBSITE AT W W W.CITY.NEWPORT- BEACH.CA.US
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
MI. 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.
A. READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE SPECIAL MEETING OF JANUARY 10, 2009, AND
REGULAR MEETING OF JANUARY 13, 2009. 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. ORDINANCES FOR ADOPTION
3. SEA LION TIME LIMITS FOR COMPLIANCE - FIRST WARNING
LETTER. Adopt Ordinance No. 2009 -1 relating to Sea Lion Compliance,
amending Sections 17.25.020 and 17.50.100 of the Newport Beach Municipal
Code.
C.
4. VESSEL ANCHORING IN THE PACIFIC OCEAN. Adopt Ordinance
No. 2009 -2 amending Sections 17.01.030, 17.20.020, 17.20.050, 17.25.020,
17.45.020 and 17.45.030 of the Newport Beach Municipal Code.
5. ORDINANCE AMENDING SECTION 7.04.050 OF TITLE 7 OF THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO DOGS AT
38TH STREET PARK. a) Adopt Ordinance No. 2009 -3 and pass to second
reading on January 27, 2009.
RESOLUTIONS FOR ADOPTION
6. NEWPORT BEACH
GENERAL PLAN
AMEND ANOMALY
GENERAL PLAN
ACCOMMODATE 7
COUNTRY CLUB.
Plan Amendment.
COUNTRY CLUB (PA20050140 & PA2008 -152) -
AMENDMENT INITIATION (GI2009 -001) TO
NOS. 46 AND 74 OF TABLE LU2 OF THE
LAND USE ELEMENT IN ORDER TO
'HE RENOVATION OF NEWPORT BEACH
kdopt Resolution No. 2009 -_ to initiate a General
D. CONTRACTS AND AGREEMENTS
7. PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES,
INC. FOR ENVIRONMENTAL SERVICES ON CITY HALL MASTER
PLANNED FACILITY. Approve the Professional Services Agreement with
LSA Associates, inc., and authorize the Mayor and City Clerk to execute the
agreement.
8. LIDO ISLE STREET REHABILITATION (C -4096) - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH WALDEN &
ASSOCIATES FOR DESIGN SERVICES. Approve a Professional Services
Agreement with Walden & Associates of Irvine, for design of final
construction plans for Lido Isle Street Rehabilitation at a not to exceed price
of $99,420, and authorize the Mayor and City Clerk to execute the
Agreement.
9. COMMUNITY YOUTH CENTER (CYC) REHABILITATION (C -3959) -
AWARD OF CONTRACT. a) Approve the project plans and specifications;
award the contract (C -3959) to TBC Contractors Corporation for the total bid
price of $820,700, and authorize the Mayor and City Clerk to execute the
contract; and c) establish an amount of $122,300 (15% of total bid) to cover
the cost of unforeseen work.
10. COMMUNITY YOUTH CENTER (CYC) PARKING LOT
REHABILITATION (C4132) - REJECT ALL BIDS. a) Reject all received
bids; b) direct staff to re- advertise the project for bids; and c) direct staff to
return the Cashier's Check (Bid Bond) in the amount of $12,500 submitted by
Frank Shariat General Engineering.
11. 2008 -2009 SIDEWALK, CURB AND GUTTER REPLACEMENT
PROGRAM (C4072) - AWARD OF CONTRACT. a) Approve the project
plans and specifications; b) award the contract (C -4072) to Grigolla & Sons
Construction Company for the total bid price of $554,145.50, and authorize
the Mayor and the City Clerk to execute the contract; and c) establish an
amount of $55,400 (10% of total bid) to cover the cost of unforeseen work.
E. MISCELLANEOUS
12. POLICY DIRECTION REGARDING THE OCTA/MEASURE M
HABITAT CONSERVATION SITE INVENTORY. Authorize the City
Manager to ask OCTA to add the following sites in Newport Beach to its
Habitat Conservation Site Inventory: 1) Banning Ranch (purchase and/or
habitat improvement); 2) Beach and Bay Mobile Home Park, if available for
sale and if legally closed (purchase and/or habitat improvement); 3) Upper
Buck Gully (habitat improvement site); and 4) properties in Lower Buck
Gully that are held by private property owners (purchase or habitat
improvement).
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR,
EXCEPT FOR THOSE ITEMS REMOVED.
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
XV. PUBLIC HEARINGS
13. ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT, CITY
OF NEWPORT BEACH AND SOBER LIVING BY THE SEA (SLBTS).
Action: a) Conduct public hearing; and b) introduce Ordinance No. 2009 -_
relating to a Zoning Implementation and Public Benefit Agreement
( "Zoning Agreement") between the City of Newport Beach ( "City") and
Sober Living by the Sea ( "SLBTS "), and pass to second reading on
February 10, 2009.
14. A GENERAL PLAN AMENDMENT, PLANNED COMMUNITY
DEVELOPMENT PLAN AMENDMENT, AND PARCEL MAP TO ALLOW THE
DEVELOPMENT OF A NEW, SINGLE - FAMILY DWELLING ON A PORTION
OF THE BIG CANYON GOLF COURSE — THE GENERAL PLAN
AMENDMENT WOULD CHANGE THE LAND USE CATEGORY FROM
PARKS AND RECREATION (PR) TO SINGLE -UNIT RESIDENTIAL
DETACHED (RS -D); THE PLANNED COMMUNITY DEVELOPMENT PLAN
AMENDMENT WOULD AMEND THE BIG CANYON PLANNED
COMMUNITY TO CHANGE THE LAND USE DESIGNATION FROM "GOLF
COURSE" TO "LOW DENSITY RESIDENTIAL" (PA2007 -210).
Action: a) Conduct public hearing; and b) adopt Mitigated Negative
Declaration No. ND2008 -003; c) adopt Resolution No. 2009 -_ with
findings approving General Plan Amendment No. GP2007 -008 and
Parcel Map No. NP2007 -029 (Attachment 1); and d) introduce
Ordinance No. 2009 -_ approving Planned Community Development
Plan Amendment No. PD2007 -005 (Attachment 2), and pass to second
reading on February 10, 2008.
4
15. ANNUAL STATUS REPORT ON RECEIPT AND USE OF DEVELOPMENT
IMPACT FEES.
Action: a) Conduct public hearing; and b) receive and file the Annual Report
on Development Impact Fees for fiscal year 2007/2005.
XVI. 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.
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT -None
XVIII.
16. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON THE 2008
COUNCIL PRIORITIES.
Action: Review and comment as needed.
17. PROPOSED STAFFING ADJUSTMENTS IN THE OFFICE OF THE CITY
ATTORNEY.
Action: a) Approve the request to staff the part -time Paralegal position at the
full-time level by establishing a new full-time Paralegal classification
in the Key and Management unit; and b) approve the request to staff
the part -time Office Assistant position at the full-time level.
XDL CURRENT BUSINESS
18. COUNCIL DECISION REGARDING CITY MANAGER'S
RECOMMENDATION TO DEFER CERTAIN CAPITAL IMPROVEMENT
PROJECTS (CIP) FUNDED WITHIN THE FY 2008 -2009 BUDGET.
Action: Support the City Manager's recommendation to defer the 16 projects
at a cost savings of $2,088,900.
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