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HomeMy WebLinkAbout0 - Regular Meeting MinutesCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, November 13, 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 13, 2007 I. STUDY SESSION - 3:30 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 - Chris Lagerlof, Mariners Church DL PRESENTATIONS - None 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 QR 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 — 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 boxprovided at the podium. A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING OF OCTOBER 17, 2007, THE ADJOURNED REGULAR AND REGULAR MEETING OF OCTOBER 23, 2007 AND THE ADJOURNED REGULAR MEETING OF OCTOBER 30, 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. AGREEMENT WITH MERCHANTS LANDSCAPE MAINTENANCE, INC. FOR THE LANDSCAPE MAINTENANCE OF CITY MEDIANS AND ROADSIDE AREAS (contd. from 10/23/07). a) Approve a two -year agreement with Merchants Landscape Maintenance, Inc. of Santa Ana for the landscape maintenance of 96.2 acres at a cost of $654,035 per year; and b) approve a budget amendment (08BA -024) in the amount of $142,021 to fund the increase in cost over the expiring contract for the remainder of the fiscal year. 4. AWARD OF CONTRACT TO LAW ENFORCEMENT SYSTEMS FOR PARKING CITATIONS COLLECTIONS. Authorize the Mayor and City Clerk to execute an agreement with Law Enforcement Systems to provide parking citation collection services. 5. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH W. A. RASIC AND VALVERDE CONSTRUCTION, INC. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS. Approve Professional Services Agreements with W. R. Rasic Company and Valverde Construction, Inc. for on -call emergency underground utility repairs, and authorize the Mayor and the City Clerk to execute the agreements. 6. AGREEMENT WITH ORANGE COUNTY STRIPING SERVICES, INC. FOR ON -CALL STREET STRIPING AND SIGN INSTALLATION. Approve the agreement with Orange County Striping Services Inc. for street striping, pavement and curb marking, and sign installation services on an on- call basis. 7. NEWPORT COAST DRIVE AND PELICAN HILL ROAD NORTH RIGHT TURN LANE - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING. a) Approve Amendment No. 1 to the Professional Services Agreement with RBF consulting of Irvine for additional engineering services at a not to exceed price of $28,800 and authorize the Mayor and the City Clerk to execute the Amendment; and b) approve a budget amendment (08BA -022) appropriating $28,800 from the unappropriated balance of the Measure M Turnback Fund to Account No. 7281- C5200974. 8. TRANSFER OF OFFICE TRAILER FOR HUMAN RESOURCES DEPARTMENT (C -3987) - AWARD OF CONTRACT. a) Approve the construction drawings and specifications; b) award C -3987 to Mike Kilbride, Ltd. for the total price of $32,900 and authorize the Mayor and City Clerk to execute the contract; c) establish an amount of $5,000 to cover the cost of unforeseen work; and d) approve a budget amendment (08BA -023) to transfer the amount of $55,617 from Account No. 0410 -8627 - Human Resources M &O for Recruitment Expenses to Account No. 0410 -9500 - Human Resources M &O for Structures and Improvements. 9. NEWPORT SHORES STREET END IMPROVEMENTS (C -3805) - PHASE 2 - 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 4) release the Faithful Performance Bond one (1) year after Council acceptance. 10. APPROVAL OF AN AGREEMENT BETWEEN NEWPORT BEACH PUBLIC LIBRARY AND INNOVATIVE INTERFACES, INC. FOR INTEGRATED LIBRARY SYSTEM SOFTWARE. Approve Professional Services Agreement between the Newport Beach Public Library and Innovative Interfaces, Inc. for the Millennium Integrated Library System, including software, hardware, services and maintenance and authorize the Mayor and City Clerk to execute the agreements. r :,' 1 7 11. HUMAN SERVICES GRANTS FOR 2007 -2008. Authorize the allocation of $25,000 in Human Services Grants as outlined in the staff report. 12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES. Approve a budget amendment (08BA -021) to increase expenditure appropriations by $20,000 in Division 4060, Literacy, and to increase revenue estimates for the same amount in Account No. 4010 -4832, California Library Literacy Services. 13. MURDAUGH MARKETING ASSESSMENT REPORT ON THE NEWPORT BEACH CONFERENCE & VISITORS BUREAU. Receive and file. 14. 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. Continue to November 27, 2007 due to publication error. 15. NEWPORT BEACH RESTAURANT WEEK BANNERS - APPROVAL OF ENCROACHMENT PERMIT NO. N2007 -0441. Conditionally approve the request of the Newport Beach Restaurant Association For the installation of 100 banners, from December 10, 2007 to January 25, 2008, for the Annual Newport Beach Restaurant Week (installation will be along Coast Highway between MacArthur Boulevard and Newport Boulevard, Newport Boulevard between Hospital Road and 32nd Street, Jamboree Road north of East Coast Highway, and MacArthur Boulevard north of East Coast Highway). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS-REMOVED FROM THE CONSENT CALENDAR XIV. PUBLIC HEARINGS 16. LOCAL COASTAL PROGRAM AMENDMENT NO. 2007 -001; CLUP UPDATE (PA2007 -027) - RE- ADOPTION OF THE LCP AMENDMENT TO REFLECT THE LOCATION, TYPE, DENSITIES, AND INTENSITIES OF LAND USES ESTABLISHED BY THE NEW LAND USE ELEMENT AND OTHER NEW POLICIES OF THE GENERAL PLAN. Action: a) Conduct public hearing; and b) adopt Resolution No. 2007 -_ approving the Coastal Land Use Plan and authorizing submittal to the Coastal Commission for formal review and approval (formal adoption requires a separate action by the City Council following Coastal Commission approval). 17. COASTAL LAND USE PLAN AMENDMENT NO. 2007 -003 (PA2007 -196) - DEVELOPMENT ON COASTAL BLUFFS ON PACIFIC DRIVE, CARNATION AVENUE, AND OCEAN BOULEVARD. Action: a) Conduct public hearing; b) adopt Resolution No. 2007 - approving Coastal Land Use Plan Amendment No. 2007 -003. 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 4 XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT —None Will. 18. CITIZEN SATISFACTION SURVEY QUESTIONNAIRE. Action: Review the Citizen Satisfaction Survey Questionnaire attached to the staff report and, after making any necessary revisions, authorize the ETC Institute to issue the Survey of services provided to the residents and customers of the City of Newport Beach. 19. MARINA PARK MASTER PLAN. Action: a) Receive staff report and presentation about the Marina Park Master Plan, offer Council comments, allow for public comment about the Master Plan; b) approve the Marina Park Master Plan, either as is or as amended; and c) authorize the City Manager to bring forward a contract with Rabben/Herman design for the Schematic Design phase of the Marina Park Project. XD{. CURRENT BUSINESS — None 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 — In memory of Louise Greeley