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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, July 10, 2007 Regular Council Meeting - 7:00 p.m. STEVEN ROSANSKY Mayor EDWARD D. SELICH Mayor Pro Tern LESLIE J. DAIGLE Council Member MICHAEL F. HENN Council Member DON WEBB 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. - REVISED — (Items 11 & 17) NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD July 10, 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 aunlicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION -Reverend Robert Jordan Ross, Newport Universalist Society Ix PRESENTATIONS Proclamation Honoring Disneyland Scholarship Recipient. Proclamation Designating July as "Parks and Recreation Month ". X. NOTICE TO THE PUBLIC The City provides a yellow sign -in earn 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 - 16) 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 JUNE 26, 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. ORDINANCE FOR INTRODUCTION AMENDMENT TO THE TRAFFIC PHASING ORDINANCE (TPO). Introduce Ordinance No. 2007 -_ amending Chapter 15.40 of the NBMC (the Traffic Phasing Ordinance) to delete references to NBTAM and to make the Institute of Transportation Engineers' Trip Generation the primary source for calculating trip generation rates. C. RESOLUTIONS FOR ADOPTION 4. RESOLUTION TO POST A STOP SIGN FOR NORTHBOUND ORANGE STREET AT CANAL STREET. Adopt Resolution No. 2007 for the installation of a stop sign to require northbound Orange Street traffic to stop at Canal Street. 5. PROPOSED ASSESSMENT DISTRICT NO. 94 — PACIFIC DRIVE — ABANDONMENT OF ASSESSMENT DISTRICT PROCEEDINGS. a) Adopt Resolution No. 2007 -_ for the abandonment of Assessment District No. 94; and b) approve a budget amendment (08BA -003) appropriating $33,950.87 from the unappropriated General Fund balance to cover project design and engineering expenses incurred to date that will not be recovered by the City. 6. PROPOSED ASSESSMENT DISTRICT NO. 99 — BALBOA BOULEVARD ALLEY — ABANDONMENT OF ASSESSMENT DISTRICT PROCEEDINGS. a) Adopt Resolution No. 2007 for the abandonment of Assessment District No. 99; and b) approve a budget amendment (08BA -002) appropriating $79,201.69 from the unappropriated General Fund balance to cover project design and engineering expenses incurred to date that will not be recovered by the City. D. CONTRACTS AND AGREEMENTS 7. ACCEPT FIREMAN'S FUND GRANT. a) Accept the Fireman's Fund Heritage Reward Grant in the amount of $16,360 to purchase a computerized test bench for maintaining the self contained breathing apparatus equipment (SCBA); b) approve a sole source contract with AllStar Fire Equipment Inc. with an amount not to exceed $16,360 for the computerized test bench; and c) approve a budget amendment (08BA -001) increasing revenue estimates by $16,360 in 2320 -4914, and appropriating those funds into Fire Department account 2320-82007. S. JANITORIAL SERVICES FOR BEACH AND PARK RESTROOM FACILITIES. Approve the Assignment of Service Agreement with A -1 Spinelli, assigning all of Spinelli s rights, obligations, and liabilities to Brisance Enterprises. 9. COAST HIGHWAY MEDIANS — PHASE 1 -B — AWARD OF CONTRACT (C- 3867). a) Approve the plans and specifications; b) award the contract (C -3867) to Mega Way Enterprises for the total bid price of $253,740 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $25,000 to cover the cost of unforeseen work. 10. CONSULTANT SERVICES FOR PERFORMANCE BENCHMARKING INITIATIVE. Retain the services of Phil Batchelor and Associates to assist the City with its Services and Performance Benchmarking Initiative. 11. NEWPORT TERRACE LANDFILL GAS COLLECTION AND CONTROL SYSTEM — AWARD OF CONTRACT (C- 3651), a) Approve the plans and specifications; b) award the contract (C -3651) to Innovative Construction Solutions, Inc., for the total bid price of $818,800, and authorize the Mayor and the City Clerk to execute the contract after the Newport Condominium Association and the City have deposited funds into an escrow account as required by their settlement agreement; c) establish an amount of $80,000 to cover the cost of unforeseen construction expenses; d) approve Amendment No. 1 to SCS Engineer's current agreement to provide for construction support services in the not -to- exceed amount of $83,162 and authorize the Mayor and City Clerk to execute the Amendment; and e) approve an On -Call Professional Services Agreement for Capital Improvement Program Consultant Services with Gail P. Pickart, P.E. and authorize the Mayor and City Clerk to execute the Agreement. (REVISED) E. MISCELLANEOUS 12. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES — HOAG HEALTHCARE CENTER ENVIRONMENTAL IMPACT REPORT (EIR). Receive and File. 13. RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMITTEE (EDC) TO FILL EDC VACANCIES. Fill current EDC vacancies by appointing Jennifer A. Gonzalez as the Public Utilities representative and Scott Palmer as the representative from Corona del Mar. 14. APPOINTMENTS TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC). Appoint Michael Pascale (District 3 Member); Susan Knox (Environmental Expertise Member); and Timothy Stoaks (Community Association Member) to EOAC. 3 15. JOHN WAYNE AIRPORT (JWA) DEPARTURE PATTERN STUDY. Authorize the City Manager to contract with ARTS to conduct a study of the factors relevant to commercial air carrier arrival and departure patterns at JWA, as recommended by the Citizens Aviation Committee. The contract shall be the Scope of Services as presented and shall not exceed costs provided by ARTS in a form approved by the City Attorney. 16. COUNCIL AUTHORIZATION FOR TWO GROUPS TO RAISE FUNDS ON BEHALF OF CITY SUPPORTED PROJECTS - 1) OASIS SENIOR CENTER FUND RAISING AND ADVISORY COMMITTEE AND 2) MARINE III MEMORIAL COMMITTEE. Give approval for both groups to raise funds for their specific projects. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. PUBLIC HEARING 17. NEWPORT BEACH BREWING COMPANY, REVIEW OF USE PERMIT NO. 3485, 2920 NEWPORT BOULEVARD (PA2006 -177). Action: a) Hold a de novo public hearing; b) determine whether the Newport Beach Brewing Company is operating a bar in violation of use permit Conditions ##9 and ##10; c) if a violation of Conditions ##9 and ##10 is determined, modify Use Permit No. 3485 by adopting Resolution No. 2007 -_ (Attachment No. 1); or d) if there is no violation of Conditions ##9 and ##10, modify Use Permit No. 3485 by adopting Resolution No. 2007 - (Attachment No. 2). (REVISED) 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. 18. VENDOR SELECTION FOR CONTRACT NEGOTIATIONS FOR NEWPORT COAST FULLY AUTOMATED RESIDENTIAL REFUSE COLLECTION SERVICES. Action: Direct staff to negotiate a ten year agreement with CR &R, Inc. to provide fully automated residential refuse collection services in the Newport Coast area. XVIII. CURRENT BUSINESS 19. COUNCIL DECISION TO DISPENSE HOLDING THE AUGUST 28TH REGULAR CITY COUNCIL MEETING. Action: Forego the regular August 28th Council meeting. 20. CODE ENFORCEMENT AND INTENSE RESIDENTIAL OCCUPANCIES (IROS). Action: a) Offer direction to the City Manager regarding his suggested approach to Code Enforcement and intense residential occupancies (IROs); and b) approve proposed amendments to Council Policy K -9 (Code Enforcement) reflecting changes in Code Enforcement's approach to neighborhood nuisances and Building and Zoning Code violations. XVIX. 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. XX. ADJOURNMENT