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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, January 8, 2008 Regular Council Meeting - 7:00 p.m. EDWARD D. SELICH Mayor LESLIE J. DAIGLE DON WEBB Mayor Pro Tern Council Member MICHAEL F. HENN Council Member STEVEN ROSANSKY Council Member HOMER BLUDAU - City Manager, HARKLESS - City Clerk, STEPHEN G. WOOD - Assistant City Manager. NANCY GARDNER 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 - 8800 NEWPORT BOULEVARD January 8, 2008 I. STUDY SESSION - 5:00 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 applicaltle) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION -Pastor John Embree, Newport Harbor Lutheran Church DL PRESENTATIONS Letters of Appreciation for Santiago Fire CERT Responders. Restaurant Week. 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. M. 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. MI. 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 MINUTESAO_RDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING OF DECEMBER 11, 2007 AND SPECIAL MEETING OF DECEMBER 18, 2007. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND full of all ordinances and resolutions Clerk to read by title only. RESOLUTIONS FOR ADOPTION RESOLUTIONS. Waive reading in under consideration, and direct City 3. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2008 UNDER THE CITY S CONFLICT OF INTEREST CODE. Adopt Resolution No. 2008 -_ adopting the 2008 Designated Employees List. 4. RESOLUTION FOR STREET SWEEPING PARKING RESTRICTIONS IN THE WEST SANTA ANA HEIGHTS COMMUNITY. a) Rescind Resolution No. 2007.54; and b) adopt Resolution No. 2008 -_ replacing the current County of Orange NO PARKING restrictions with City of Newport Beach NO PARKING restrictions for street sweeping on Thursdays from 9:30 a.m. to 12:30 p.m. in the West Santa Ana Heights community. C. CONTRACTS AND AGREEMENTS 5. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH RICHARD EDMONSTON FOR PROJECT MANAGEMENT SERVICES. a) Approve Amendment No. 1 to Professional Services Agreement with Richard Edmonston of Huntington Beach for project management at a not to exceed price of $26,000 and authorize the Mayor and the City Clerk to execute the Agreement; and b) approve a budget amendment (08BA -033) transferring $26,000 from salary savings in the Transportation and Development Services Division (5200 -7000) to the Transportation and Development Services Division Services Professional and Technical Account 5200 -8080. 6. SANTA ANA HEIGHTS FIRE STATION NO. 7 - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3626). 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 d) release the Faithful Performance Bond one year after Council acceptance. NEWPORT COAST COMMUNITY CENTER - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3577). 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 d) release the Faithful Performance Bond one year after Council acceptance. 8. COUNTY OF ORANGE CITY AID PROGRAM AGREEMENT FOR FISCAL YEAR 2008 -09. Execute the proposed agreement between the County of Orange and the City of Newport Beach as required for participation in the County's Proposition 42 City Aid Program and authorize the Mayor and City Clerk to execute the agreement. 9. SUPERIOR AVENUE STREET REHABILITATION - AWARD OF CONTRACT (C- 3869). a) Approve the project plans and specifications; b) award contract to All American Asphalt for the total bid price of $862,862, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $86,000 to cover the cost of unforeseen work. 10. TENNIS COURT FENCING REPLACEMENT - AWARD OF CONTRACT (C- 3947). a) Approve the project plans and specifications; b) award contract to Harris Steel Fence Co. for the total bid price of $65,225.94, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $6,500 to cover the cost of unforeseen work. 11. AGREEMENT WITH CENTRAL COAST SURFACE GRINDING, INC. FOR ON -CALL SIDEWALK GRINDING SERVICES. Approve the agreement with Central Coast Surface Grinding, Inc. for sidewalk grinding services on an on -call basis. 12. PERFORMANCE MEASUREMENT SYSTEM - AWARD OF CONTRACT. a) Retain the services of ICMA (International City /County Management Association) to implement a Performance Measurement System for the City of Newport Beach; b) direct the City Manager to execute the contract; and c) approve a General Fund budget amendment (08BA -036) in the amount of $107,000 from General Fund unappropriated reserves. 13. APPROVAL OF PROFESSIONAL SERVICE AGREEMENT WITH DUKE'S ROOT CONTROL, INC. FOR ROOT CONTROL SERVICES OF 112,000 LINEAR FEET OF SEWER LINE. a) Approve a Professional Services Agreement with Duke's Root Control, Inc. for root foaming of 112,000 linear feet of sewer line at various locations throughout the City for a not -to- exceed price of $76,160.00; and b) authorize the Mayor and the City Clerk to execute the agreement. D. MISCELLANEOUS 14. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE MARTHA JANE FLEENER TRUST AND APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY 2007108. Approve a budget amendment (08BA -035) to increase revenue estimates by $12,000 in Account No. 4010 -5901 (Private Donations and Contributions) and to increase expenditure appropriations in 4017 -9006 (Software Licenses) by the same amount due to the second receipt of funds from the Martha J. Fleener Trust. 15. 226 RUBY AVENUE — ENCROACHMENT OF NON - STANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY (N2007 -0488). Approve Management IV Properties' request for approval of existing non- standard encroachments, which include, but are not limited to, 21'6" wide by 6' 11" tall rolling gate with door passage in gate, gate track, upright support, and appurtenances within the public right -of -way adjacent to the property located at 226 Ruby Avenue along the Balboa Avenue frontage, and direct staff to prepare an encroachment agreement and permit for the non - standard improvements in the public right -of -way adjacent to 226 Ruby Avenue along the Balboa Avenue frontage, if the property owner also obtains approval of a modification permit to allow the improvements to encroach into the required setback. 16. ACCEPTANCE OF FUNDS AND AUTHORIZATION TO PURCHASE A POLICE SERVICE DOG (PSD). a) Approve a budget amendment (08BA- 037) to accept a restricted public donation in the amount of $15,000 into Police Donations Account #020 -22571 and increase revenue estimates by this amount; and b) authorize an appropriation of $15,000 to Patrol Equipment, NOC Account #1830 -8211 and approve the expenditure of funds to purchase one Police Service Dog (PSD) from Adlerhorst International. 17. APPOINTMENTS BY THE MAYOR TO THE COUNCIL/CITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. Confirm the appointments outlined in the staff report. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 1 - W . 18. BAYSIDE RESIDENTIAL PLANNED COMMUNITY (PA2007 -166) - 919 BAYSIDE DRIVE - PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2007 -004 AND AMENDMENT TO NEWPORT TRACT MAP NO. 2004 -001 (TENTATIVE TRACT MAP NO. 15323). Action: a) Conduct public hearing; b) adopt Resolution No. 2008 -_ approving the amendment and of Newport Tract Map No. 2004 -001; and introduce Ordinance No. 2008 -- approving Planned Community Development Plan Amendment No. 2007 -004, and pass to second reading on January 22, 2008. 19. TITLE 17 REORGANIZATION; COUNCIL POLICY H -1 AND HARBOR DESIGN CRITERIA UPDATE. Action: a) Conduct public hearing; b) introduce Ordinance No. 2008- - amending Title 17 of the NBMC to completely reorganize the Title with minor revisions throughout; c) introduce Ordinance No. 2008 -_ that relocates Section 17.28.045 (Vehicle Restrictions on Public Piers and Plazas) to Section 11.08.090; d) introduce Ordinance No. 2008- _ that relocates Section 17.28.060 (Skateboards) to Section 12.57.22; e) pass the three ordinances to second reading on January 22, 2008; 0 amend Council Policy H -1 (Harbor Permit Policy) to relocate most passages into Title 17; and g) amend the Waterfront Project Guidelines and Standards — Harbor Design Criteria: Commercial and Residential Facilities to update to current construction standards and designs. 20. ORDINANCE AMENDING THE NEWPORT BEACH MUNICIPAL CODE RELATING TO GROUP RESIDENTIAL USES AND REPEALING THE TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW RESIDENTIAL USES THAT ARE TRANSITORY IN NATURE. Action: a) Conduct public hearing; and b) introduce Ordinance No. 2008 -_ relating to Group Residential Uses and relating to the repeal of the Temporary Moratorium on New Residential Uses that are Transitory in Nature and pass to second reading on Tuesday, January 22, 2008. 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. 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. XVIII. ADJOURNMENT