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HomeMy WebLinkAbout00 - City Council AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, June 10, 2008 Regular Council Meeting - 7:00 p.m. EDWARD D. SELICH Mayor LESLIE J. DAIGLE DON WEBB Mayor Pro Tem Council Member MICHAEL F. HENN Council Member STEVEN ROSANSKY Council Member NANCY GARDNER Council Member KEITH D. CURRY Council Member HOMER BLUDAU - City Manager, ROBIN CLAUSON - City Attorney, LAVONNE HAR.KLESS - 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 ENARING: 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 June 10, 2008 I. STUDY SESSION - 3:30 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 - Mr. Frank Carpenter IX. PRESENTATIONS National Anthem Sung by All American Boys Chorus. Citizen of the Year Proclamation for Lula Halfacre. Presentation by American Cancer Society Relay for Life Event Chair Krisztina Scheeff. Annual Youth Council Report. July Smart Irrigation Month Proclamation. X. NO'T'ICE 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 LIRE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM): TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS RECORDED. RED LIGHT WELL SIGNIFY WHEN SPEAKERS TIME LBUT IS UP, YELLOW LIGHT MEANS SPEAKER HAS I MINUTE FOR SUMMATION. ANY WRITINGS OR DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL REGARDING ANY ITEM ON THIS AGENDA WELL 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 XII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1— 23) 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 andlor 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 SPECIAL MEETING AND REGULAR. MEETING OF MAY 27, 2008. 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. a RESOLUTI.ONS FOR ADOPTION 3. BAY BURGER RESOLUTION — 600 BAY AVENUE E #A -7 — USE PERMIT NO. 2007-027 (PA2007 -219). Adopt Resolution No. 2008 -_ with findings and conditions of approval for Use Permit No. 2007 -027. 4. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SEASHORE DRIVE, NEWPORT BOULEVARD AND BALBOA BOULEVARD, BACK BAY DRIVE, SELECTED PARKING LOTS, AND SELECTED FEEDER STREETS FOR THE JULY 4TH HOLIDAY. Adopt Resolution No. 2008- 5. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: 2007 -2008 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2008- 2009. a) Approve the Corona del Mar Business Improvement District Fiscal Year 2007 -2008 Annual Report; and b) adopt Resolution of Intention No. 2008 -_ to levy assessments and set the public hearing for June 24, 2008. 6. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2007 -2008 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2008.2009. a) Approve the Balboa Village Business Improvement District 2007 -2008 Annual Report; and b) adopt Resolution of Intention No. 2008 -_ to levy assessments and set the public hearing for June 24, 2008. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2007 -2008 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2008 -2009. a) Approve the Marine Avenue Business Improvement District Year 2007 -2008 Annual Report; and b) adopt Resolution of Intention No. 2008 -_ to levy assessments and set the public hearing for June 24, 2008. 8. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2007- 2008 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR OF JULY 1, 2008 TO JUNE 30, 2009. a) Approve Restaurant Association Improvement District Fiscal Year 2007 -2008 Annual Report; and b) adopt Resolution of Intention No. 2008 -_ to levy assessments and set the public hearing for June 24, 2008. 9. AMENDMENTS TO CITY COUNCIL POLICY ON ECONOMIC DEVELOPMENT (K -10) AND RESOLUTION ESTABLISHING THE ECONOMIC DEVELOPMENT COMMITTEE. a) Adopt the proposed amendment to the City Council's Policy on Economic Development provided as Attachment 1 of the staff report; and b) adopt Resolution No. 2008 -_ revising the membership of the Economic Development Committee provided as Attachment 2 of the staff report. C. ORDINANCE FOR INTRODUCTION 10. COST RECOVERY ORDINANCE [CHAPTER 3.36) — FEE RESOLUTION & MASTER FEE SCHEDULE (contd. from 5/13/08). Continue indefinitely. D. CONTRACTS AND AGREEMENTS 11. APPROVAL OF AN ON -CALL PROFESSIONAL SERVICES AGREEMENT FOR PROJECT MANAGEMENT, CONSTRUCTION ADMINISTRATION, AND CIVIL ENGINEERING DESIGN SERVICES WITH GABLE ENGINEERING, INC. Approve an On -Call Professional Services Agreement with Gable Engineering, Inc. for project management, construction administration, and civil engineering design services and authorize the Mayor and the City Clerk to execute the Agreement. 12. SUPERIOR AVENUE REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3869). a) Accept the completed contract 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 with applicable portions of the Civil Code; and d) release the Faithful Performance Bond one (1) year after Council acceptance. 13. UPPER BAY AND HARBOR AREA MANAGEMENT PLAN — AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH LARRY PAUL AND ASSOCIATES FOR PROJECT MANAGEMENT. a) Approve Amendment No. 2 to the Professional Services Agreement with Larry Paul and Associates of Newport Beach to provide project management services for the Harbor Area Management Plan and coordinate integration efforts with the Newport Bay Integrated Regional Watershed Management Plan at a not to exceed price of $25,000 and authorize the Mayor and City Clerk to execute the Agreement; and b) approve a budget amendment (08BA -078) transferring $25,000 from Account No. 7014- C5002000 Newport Coast Runoff Reduction Program to Account No. 7014 - 00310929 (Harbor Area Management Plan). 14. INTEGRATED REGIONAL WATER MANAGEMENT PLAN FOR NEWPORT BAY WATERSHED - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH DUDEK. a) Approve an Amendment to the Professional Services Agreement with Dudek of Irvine for professional services at a not to exceed price of $67,810 and authorize the Mayor and City Clerk to execute the Agreement; and b) approve a budget amendment (08BA -077) transferring $67,810 from Account No. 7014 C5002000 Newport Coast Runoff Reduction Program to Account No. 7014 - 00310929 (Harbor Area Management Plan). 15. WATER MANAGEMENT PLAN FOR NEWPORT BAY WATERSHED - AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH KRISTA SLONIOWSKI OF CONNECTIVE ISSUES. a) Approve Amendment No. 2 to the Professional Services Agreement with Connective Issues (Krista Sloniowski) of Los Angeles for professional services at a not to exceed price of $12,000 and authorize the Mayor and City Clerk to execute the Agreement; and b) approve a budget amendment (08BA -079) transferring $12,000 from Account No. 7014- C5002000 Newport Coast Runoff Reduction Program to Account No. 7014 - 00310929 (Harbor Area Management Plan). 16. 38TH STREET TIDAL STRUCTURE/TIDE VALVE - AWARD OF CONTRACT (C- 3954). a) Approve the project plans and specifications; b) award the contract to GCI Constructions, Inc. for the total bid price of $92,800 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $9,200 to cover the cost of unforeseen work. 17. APPROVAL OF AMENDMENTS TO ON -CALL PROFESSIONAL SERVICES AGREEMENTS AND AN ON -CALL PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE DESIGN SERVICES. a) Approve Amendment No. 1 with TCLA, Inc. for on -call landscape design services and authorize the Mayor and the City Clerk to execute the Amendment; b) approve Amendment No. 1 with David Volz Landscape Design for on -call landscape design services and authorize the Mayor and the City Clerk to execute the Amendment; and c) approve an On -Call Professional Services Agreement with David A. Pederson for landscape design services and authorize the Mayor and the City Clerk to execute the Agreement. 18. COMMUNITY YOUTH CENTER - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DOUGHERTY & DOUGHERTY ARCHITECTS, LLP. Approve a Professional Services Agreement with Dougherty & Dougherty Architects, LLP, of Costa Mesa for design and construction documents at a contract price of $83,300 and for bid support and construction administration at an hourly fee not to exceed $24,100 for a total not to exceed contract price of $107,400, and authorize the Mayor and the City Clerk to execute the Agreement. 19. FISCAL YEAR 2007 -2008 TRAFFIC SIGNAL REHABILITATION PROJECT - AWARD OF CONTRACT (C- 3932). a) Approve the project plans and specifications; b) award the contract to Pouk & Steinle, Inc. for the total bid price, including Additive Bid Item -1 of $326,940, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $33,000 to cover the cost of unforeseen work. E. .MISCELLANEOUS 20. BOARD AND COMMISSION SCHEDULED VACANCIES - CONFIRMATION OF NOMINEES. Confirm the nominations made by the Ad Hoc Appointments Committee (as listed in staff report). 21. TRANSFER OF FUNDS FOR THE NEWPORT COAST COMMUNITY CENTER (NCCC) SOUND, LIGHTING AND VIDEO ENHANCEMENTS. Approve a budget amendment (08BA -080) which transfers $100,350 from 2007 -08 FY park project surplus funds to a capital outlay account for the purchase of lighting, video and audio equipment at the Newport Coast Community Center. 22. LEGISLATIVE UPDATE - GROUP RESIDENTIAL BILLS. Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIH. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XV. PUBLIC HEARINGS 23. FISCAL YEAR 2008 -09 PROPOSED BUDGET HEARING. Action: a) Conduct public hearing; and b) after taking public input, prepare a "checklist" of proposed changes to the proposed budget that will be reviewed by the City Council at the meeting of June 24, 2008 and direct the preparation of the budget resolution for adoption at the Council Meeting of June 24, 2008 including any "checklist" items that are recommended for approval. 24. 2008 -09 APPROPRIATION LIMIT HEARING. Action: a) Conduct public hearing, and b) adopt Resolution No. 2008 -_ approving the City's Appropriation (Gann) Limit for the 2008 -09 fiscal year in the amount of $139,044,407. 25. PAVILION'S WINE TASTING APPEAL - 21181 NEWPORT COAST DRIVE - USE PERMIT NO. 2007 -029 (PA2007 -243) TO ADD A WINE AND BEER TASTING COUNTER WITHIN AN EXISTING PAVILION'S GROCERY STORE. Action: Continue public hearing to July 22, 2008. 26. APPEAL OF THE PLANNING COMMISSION'S DECISION APPROVING A 24 -UNIT CONDOMINIUM SUBDIVISION SEASHORE VILLAGE RESIDENTIAL DEVELOPMENT (PA2007 -100) - 5515 RIVER AVENUE - MPPIGATED NEGATIVE DECLARION; TENTATIVE TRACT MAP NO. 2007- 001; MODIFICATION PERMIT NO. 2007 -044; USE PERMIT NO. 2007 -011; AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 2007 -001. Action: a) Conduct a de novo public hearing; and b) adopt Resolution No. 2008 -_ adopting the Mitigated Negative Declaration (Sch. No. 2008021075) and approving Tentative Tract Map No. 2007 -001, Modification Permit No. 2007 -044, Use Permit No. 2007 -011 and Coastal Residential Development Permit No. 2007 -001, subject to findings and conditions of approval. 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. XVH. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 27. PLANNING COMMISSION AGENDA FOR JUNE 5, 2008. 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. 28. SUNSET RIDGE PARK PROPOSED CONCEPT PLAN. Action: a) Review the Sunset Ridge Park Proposed Concept Plan presentation by EPT Design Group; b) accept public comment regarding the Proposed Concept Plan; and c) approve the proposed Sunset Ridge Park Concept Plan. 29. APPROVAL OF TEN YEAR AGREEMENT WITH CR&R INC. TO PROVIDE RESIDENTIAL SOLID WASTE TRANSFER SERVICES AND MATERIAL PROCESSING/RECYCLING (MRF). Action: Approve the terms and award a ten -year agreement with CR&K Inc. through July 1, 2018 to provide residential solid waste transfer services and material processing/recycling (MRF). 30. RECOMMENDATION FROM ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE REGARDING LIMITATIONS ON USE OF POLYSTYRENE FOOD PACKAGING MATERIALS. Action: Provide direction to staff. 0 31. 3232 CLAY STREET — REQUESTING WAIVING REQUIREMENT OF DRIVEWAY ABANDONMENT — ENCROACHMENT PERMIT N2008 -0160. Action: a) Deny Encroachment Permit N2008 -0160 to retain the existing curb cut at 3232 Clay Street based on its nonconformance with the provisions of Council policy L-2.C; OR b) approve Encroachment Permit N2008 -0160 waiving the requirement for the abandonment of an existing driveway approach on the Clay Street frontage. 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.