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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, March 13, 2007 Regular Council Meeting - 7:00 p.m. STEVEN ROSANSKY Mayor EDWARD D. SELICH DON WEBB Mayor Pro Tem LESLIE J. DAIGLE Council Member MICHAEL F. HENN Council Member 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 March 13, 2007 I. STUDY SESSION - 4:00 p.m. II. 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 - Rabbi Marc Rubenstein, Temple Isaiah IX. PRESENTATIONS Proclamation to Newport Beach Chamber of Commerce on a Century of Service to Newport Beach. 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 I MINUTE FOR SUMMATION. XII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 17) 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 ADJOURNED REGULAR MEETING AND REGULAR MEETING OF FEBRUARY 27, 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. ORDINANCES FOR INTRODUCTION 3. ORDINANCE TO AMEND CHAPTER 12.63 OF THE NBMC REORGANIZING AND UPDATING THE CODE PROVISIONS REGULATING SOLID WASTE MANAGEMENT. Introduce Ordinance No. 2007 -_ and pass to second reading on March 27, 2007. 4. ORDINANCE AMENDING CHAPTER 15.45 OF THE NBMC REGARDING DEVELOPMENT AGREEMENTS. Introduce Ordinance No. 2007 -_ amending Chapter 15.45 of the NBMC and pass to second reading on March 27, 2007. C. ORDINANCE FOR ADOPTION 5. AMENDMENT TO CHAPTER 1.01 OF THE NBMC TO ADD SECTION 1.01.090 PROHIBITING THE ISSUANCE OF BUSINESS LICENSES, PERMITS AND THE GRANTING OF DISCRETIONARY APPROVALS FOR UNLAWFUL USES. Adopt Ordinance No. 2007 -4. D. RESOLUTIONS FOR ADOPTION 6. RESOLUTION RELATING TO CODE ENFORCEMENT IN WEST SANTA ANA HEIGHTS. a) Adopt Resolution No. 2007 -_ authorizing the City's Code and Water Quality Enforcement staff to serve the West Santa Ana Heights community for a two -year program or until such time as the City annexes West Santa Ana Heights, whichever comes sooner; and b) authorize the City Manager to execute a final contract with the County of Orange in substantially similar form to the draft agreement attached to the staff report. 7. PROPOSED ASSESSMENT DISTRICT NO. 94 — PACIFIC DRIVE — CORONA DEL MAR FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT. a) Adopt the following resolutions: (1) Resolution No. 2007 -_ making finding on a petition for, adopting a map showing the proposed boundaries of, and making appointments for proposed Assessment District No. 94; (2) Resolution No. 2007 -_ declaring intention to order the construction of certain improvements in proposed Assessment District No. 94; 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 No. 2007 -_ giving preliminary approval to the report of the assessment engineer, setting the time and place for a public hearing as May 8, 2007; and ordering the intention of assessment ballot procedure for Assessment District No. 94; and (4) Resolution No. 2007 -_ approving contracts for utility improvements for Assessment District No. 94; and b) approve the Bond Counsel Agreement with Robert Hessell. 8. STATE CONSERVANCY GRANT AGREEMENT; GROUND LEASES; ADMIN WING CONTRACT FOR THE BACK BAY SCIENCE CENTER; BUDGET AMENDMENT. a) Adopt Resolution No. 2007 -_ authorizing the City to formally enter into and/or accept a funding agreement or similar document with the State Coastal Conservancy (SCC) to accept $400,000 for the Back Bay Science Center; b) authorize the Mayor to execute a Ground Lease or similar document with the California Department of Fish and Game (DF &G) that would authorize the City to provide basic facilities maintenance for the Back Bay Science Center, provide such Ground Lease is acceptable to the City Attorney after review; c) authorize the Mayor to execute a Sublease with the County of Orange for the Water Quality lab swing of the Back Bay Science Center, such Sublease to become effective upon approval by the Orange County Board of Supervisors and upon the execution of the DF &G Ground Lease; and d) authorize the City Manager or his designee to enter into a contract with the State of California or its Department of Fish and Game to accept $900,000 for the design, construction, construction management, and contingency for the Back Bay Science Center's Administration Wing, provided that the contract fully compensates the City and its contractors for design and construction management; and e) approve a budget amendment (07BA -054) that appropriates $100,000 from the unappropriated Tide and Submerged Lands Fund/General Fund Reserves to Account $7457- C0310600 (BBSC) (in increase from $800,000 to $900,000 (only appropriated if the City reaches an agreement with the State DF &G to accomplish the Admin Wing. E. CONTRACTS AND AGREEMENTS 9. OASIS REDEVELOPMENT CONCEPTUAL PLAN — APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH ROBERT R. COFFEE ARCHITECT + ASSOCIATES. Approve a PSA with Robert R. Coffee Architects + Associates for architectural services at a not -to- exceed price of $98,840 and authorize the Mayor and the City Clerk to execute the Agreement. 10. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH EIP ASSOCIATES, INC. AND BUDGET AMENDMENT — HCD COMMENTS AND FINAL PRINTING. a) Approve and authorize the Mayor and City Clerk to execute the Fourth Amendment to Professional Services Agreement with EIP Associates, Inc.; and b) approve budget amendment (07BA -055) transferring $99,711 from the unappropriated General Fund reserve to account 2710 -8293 General Plan Update. 11. MEMORANDUM OF UNDERSTANDING WITH LIFEGUARD MANAGEMENT ASSOCIATION. Approve and authorize the Mayor and City Clerk to execute the Memorandum of Understanding (MOU) with the Lifeguard Management Association for July 2006 through December 2008. 12. POLICE FACILITY LOBBY RENOVATION — REJECT ALL BIDS (C- 3902). a) Reject all bids; b) request the architect to revise the plans and specifications as needed to reduce project costs to meet the budgeted amount; and c) direct staff to advertise the revised project for bid. F. MISCELLANEOUS 13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY06 -07 EXPENDITURE ACCOUNT. Approve a budget amendment (07BA -053) to increase revenue estimates by $6,979 in Account No. 4090 -5893 (Library Foundation Donations) and increase expenditure estimates by the same amount in Division 4090 (Foundation). 14. NEWPORT BEACH FILM FESTIVAL BANNERS — APPROVAL OF ENCROACHMENT PERMIT NO. N2007 -0096. Conditionally approve the request of Display City, Inc. for the installation of 80 banners on 40 streetlight poles along Newport Center Drive East/West from March 29, 2007 to April 29, 2007 for the 8th Annual Newport Beach Film Festival. 15. REQUEST OF THE NEWPORT BEACH/OASIS SENIOR CENTER BUILDING FUND. Approve granting official recognition to The Newport Beach/OASIS Senior Center Building Fund Committee and provide financial support to the Committee from the existing OASIS Capital Fund held in the City Reserve Account. 16. MONTHLY PROGRESS REPORT ON PLANNING DEPARTMENT AND DEVELOPMENT REVIEW FUNCTION. Receive and file. 17. PURCHASE OFFICE TRAILERS. a) Approve a budget amendment (07BA -056) transferring the amount of $30,000 from salary savings in the Engineering Division (5100 -7000) to Account No. 5100 -9400; and b) approve the purchase of two (2) 24' x 40' office trailers from Modular Structures International at a cost not to exceed $127,977. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. PUBLIC HEARING 18. IN -LIEU PARK DEDICATION FEE ADJUSTMENT - APPRAISAL OF EASTBLUFF AND BOB HENRY PARK (contd. from 2/27/07). Action: a) Conduct public hearing; and b) Adopt Resolution No. 2007 -_ adjusting the fair market land value and per acre to be used in assessing In -Lieu Park Dedication Fees. 19. COMMERCIAL SOLID WASTE COLLECTION: AWARD OF NON- EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO FRANCHISEES. Action: a) Conduct public hearing; and b) Introduce Ordinance No. 2007 granting a Non - exclusive Solid Waste Franchise for commercial collection to those Solid Waste Collection Companies listed in Exhibit A of the staff report; and pass to second reading on March 27, 2007. 20. NEWPORT BEACH BREWING COMPANY, REVIEW OF USE PERMIT NO. 3485 - 2920 NEWPORT BOULEVARD (PA2006 -177). Action: Continue to March 27, 2007 to allow proper noticing to occur. 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. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 21. PLANNING COMMISSION AGENDA FOR MARCH 8, 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. CURRENT BUSINESS 22. FISCAL YEAR 2007 -2008 BUDGET. Action: Offer additional direction to City staff regarding budget issues. XDL 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 - Adjourn to 8:30 a.m, on Saturday, March 24, 2007