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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, July 22, 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 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 - 3300 NEWPORT BOULEVARD July 22, 2008 I. STUDY SESSION - Cancelled II. CLOSED SESSION - [Refer to separate agenda from City Attorney] III. ER CESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT fifaan icable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Pastor John Embree, Newport Harbor Lutheran 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 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. ANY WRITINGS OR DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL REGARDING ANY ITEM ON THIS AGENDA WILL 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 MI. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 21) 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 SPECIAL MEETING AND REGULAR MEETING OF JULY 8, 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. B. ORDINANCE FOR INTRODUCTION 3. ORDINANCE TO REPEAL CHAPTER 1.30, ELECTION CAMPAIGN DOCUMENTS, OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC). a) Introduce Ordinance No. 2008 -_ repealing Chapter 1.30 of the NBMC, and pass to second reading on August 12, 2008; and b) direct staff to research the constitutional issues raised, the practical enforcement issues presented by the ordinance, and bring it back for Council discussion and consideration after the November 2008 election. C. RESOLUTIONS FOR ADOPTION 4. PROPOSED ASSESSMENT DISTRICT NO. 99-2 - AREA GENERALLY BOUNDED BY BALBOA BOULEVARD AND OCEAN FRONT WEST, FROM WEST OF 20TH STREET TO 14TH STREET, AND 19TH STREET BETWEEN NEWPORT CHANNEL AND BALBOA BOULEVARD FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT. a) Adopt the following resolutions for proposed Assessment District No. 99 -2: 1) Resolution No. 2008 -_ Adopting a Map Showing the Proposed Boundaries of, and Making Appointments for Proposed Assessment District No. 99 -2; 2) Resolution No. 2008 -_ Declaring Intention to Order the construction of Certain Improvements in Proposed Assessment District No. 99 -2; 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 to Designate the Area an Underground Utilities District; and 3) Resolution No. 2008 -_ Giving Preliminary Approval to the Report of the Assessment Engineer for Assessment District No. 99 -2, Setting a Time and Place for a Public Hearing as September 23, 2008; and Ordering the Initiation of Assessment Ballot Procedures; and b) approve the Bond Counsel Agreement with Robert Hessell and authorize the Mayor and the City Clerk to execute the agreement. 5. GENERAL PLAN AMENDMENT INITIATION - SAFETY ELEMENT (PA2008 -131). Adopt Resolution No. 2008 -- to initiate a General Plan amendment to the Safety Element to incorporate the Local Hazard Mitigation Plan (LHMP). 6. TRANSFER OF DEVELOPMENT RIGHTS IN NORTH NEWPORT CENTER PLANNED COMMUNITY (PA2008 -126). Adopt Resolution No. 2008 -_ approving a transfer of development rights in the North Newport Center Planned Community for 1) the conversion of 72,000 square feet in Block 500 from City Hall to general office and 2) the transfer of 24,428 square feet of general office from Block 600 to Block 500. D. CONTRACTS AND AGREEMENTS 7. APPROVAL OF AN ON -CALL PROFESSIONAL SERVICES AGREEMENT FOR PROJECT MANAGEMENT AND CONSTRUCTION ADMINISTRATION SERVICES WITH TRAKER DEVELOPMENT. Approve an On -Call Professional Services Agreement with Traker Development for project management and construction administration and authorize the Mayor and the City Clerk to execute the Agreement. 8. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 100 (AREA BOUNDED BY WEST BALBOA BOULEVARD, ADAMS STREET, WEST OCEAN FRONT AND 13TH STREET). a) Approve a budget amendment (09BA -003) authorizing an additional advance from the General Fund in the amount of $77,449.82 to account number 74100 -9812 for Assessment District No. 100 assessment engineering and pre/post- district formation services; and b) authorize the Mayor to execute a Professional Services Agreement with Harris & Associates in an amount not to exceed $99,795.00 for assessment engineering and pre /post - district formation services. 9. DOVER DRIVE SIDEWALK IMPROVEMENTS - AWARD OF CONTRACT (C- 3652). a) Approve the project drawings and specifications; b) award the contract (C -3652) to Peterson -Chase General Engineering Construction, Inc. for the total bid price of $393,600, and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $39,000 to cover the cost of materials analysis and unforeseen work. 10. TASTE OF NEWPORT BANNERS - APPROVAL OF ENCROACHMENT PERMIT N2008-0252. a) Conditionally approve the request of the Newport Beach Chamber of Commerce for the installation of 191 banners, from August 25, 2008 to September 22, 2008, for the annual Taste of Newport (installation will be along Jamboree Road, MacArthur Boulevard, Westcliff Drive, Coast Highway and Newport Boulevard); and b) waive City fees associated with the banners and their installation. 11. APPROVAL OF AN AGREEMENT WITH THE COUNTY OF ORANGE FOR PARTICIPATION IN STAGE 12 OF THE FEDERAL BEACH EROSION CONTROL PROJECT. Authorize the Mayor to execute an agreement with the County of Orange for a sand replenishment project in the Huntington Beach Littoral Cell which covers the stretch of shoreline between the San Gabriel and the Newport Bay Harbor Entrance. 12. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENTS WITH DOTY BROS. CONSTRUCTION COMPANY AND VALVERDE CONSTRUCTION, INC. a) Approve Amendment No. 1 with Doty Bros. Construction Company, for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Amendment; and b) approve Amendment No. 1 with Valverde Construction, Inc. for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Amendment. 13. MARINA PARK - PROFESSIONAL SERVICES AGREEMENT WITH NEWFIELDS LLC FOR BIOLOGICAL, CHEMICAL AND TOXICITY SAMPLING AND ANALYSIS OF MARINE SEDIMENT /ORGANISMS. a) Approve and authorize the Mayor and City Clerk to execute the professional services agreement with NewFields LLC to conduct biological, chemical and toxicity sampling and analysis of marine sediments /organisms, including disposal review /reporting and permitting for the Marina Park project at a not to exceed price of $114,100. E. MISCELLANEOUS 14. CONTINUATION OF THE CONSIDERATION TO AWARD THE CONTRACT FOR LANDSCAPE MAINTENANCE OF CITY PARKS AND FACILITIES. Continue the consideration to award the contract for landscape maintenance of City parks and facilities until August 12, 2008. 15. 2008/2009 CULTURAL ARTS GRANTS. Approve recommended recipients for FY 2008 /2009 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Policy I.12 - Reserve Fund for Culture and Arts. 16. PURCHASE OF A MODULAR OFFICE TRAILER FOR THE CORPORATION YARD. Authorize the purchase of one 12'x 40' modular office building from Modular Structures International, Inc. of Riverside at a cost of $34,034.00. 17. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE CITY COUNCIL PRIORITIES FOR 2008. Review and comment. 18. EMERGENCY REPAIR OF OIL PRODUCTION WELL NO. 4. Approve the emergency expenditure of $33,969.33 from the Tidelands Fund required to repair Oil Production Well No. 4. 19. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT. a) Approve the response letter to the 2007 -2008 Orange County Grand Jury Report, "No County for Old Boomers - When Orange County Boomers Retire, Where Will They Live ?" and b) authorize the Mayor to submit the letter to XIII. XV. the Presiding Judge of the Superior Court pursuant to Penal Code 933.05 (a) and (b). 20. POSITION RECLASSIFICATION: CODE AND WATER QUALITY ENFORCEMENT OFFICER TO CODE AND WATER QUALITY ENFORCEMENT OFFICER, SENIOR. Approve the City Manager's recommendation to reclassify a Code & Water Quality Enforcement Officer position to the new classification of Code & Water Quality Enforcement Officer, Senior. 21. APPROVAL OF SALARY ADJUSTMENTS FOR MANAGEMENT ENGINEERS AND DEPUTY BUILDING OFFICIAL. a) Increase the salary range for Principal Civil Engineer and Deputy Building Official classifications by 5 %; b) increase the salary range for the Assistant City Engineer and City Traffic Engineer classifications by 2.43 %; and c) approve a budget amendment (09BA -004) transferring $43,466 from the General Fund Balance: $23,686 to the Building and $19,780 to the Public Works Departments for salaries and salary- related benefits accounts. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES PUBLIC HEARINGS 22. AERIE (PA2005 -196) - 201 -205 & 207 CARNATION AVENUE AND 101 BAYSIDE PLACE - THE PROJECT CONSISTS OF THE DEMOLITION OF AN EXISTING 14 -UNIT APARTMENT BUILDING AND SINGLE - FAMILY RESIDENCE AND THE CONSTRUCTION OF AN 8 -UNIT RESIDENTIAL CONDOMINIUM BUILDING. Action: a) Conduct a public hearing; b) consider the draft Mitigated Negative Declaration (Attachment A), comments received, and responses to comments prepared by the environmental consultant and City staff; c) adopt Resolution No. 2008 -_ adopting the Mitigated Negative Declaration (SCH# 2008051082) and approving General Plan Amendment No. 2005 -006, Coastal Land Use Plan Amendment No. 2005 -002, Newport Tract Map No. 2005 -004 (TTM16882), Modification Permit No. 2005 -087, and Coastal Residential Development Permit No. 2005 -002 (Attachment B); and d) introduce Ordinance No. 2008 -_ amending the Zoning Districting Map, thereby, approving Code Amendment No. 2005 -009 (Attachment C), and pass to second reading on August 12, 2008. 23. PROPOSED ASSESSMENT DISTRICT NO. 101 - AN AREA GENERALLY BOUNDED BY BUENA VISTA BOULEVARD, EDGEWATER AVENUE, ADAMS STREET, BALBOA BOULEVARD - FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT. Action: a) Open public hearing on the formation of Assessment District No. 101; b) hear testimony from those who desire to speak; c) close the public hearing; d) count ballots; and e) if greater than or equal to 50% of weighted "Yes" votes versus "No" votes are submitted, then a majority protest by ballot procedure does not exist and the District may be formed. If it is desired to form the District, take the following actions: 1) adopt Resolution No. 2008 -_ declaring the results of the ballot tabulation, approving the Assessment Engineer's Report, confirming the assessment for Assessment District No. 101, ordering the acquisition of improvements, and designating the area an Underground Utilities District; and 2) approve a budget amendment (09BA -002) in anticipation of the formation and approval of Assessment District No. 101. The proposed Budget Amendment of $4,749,060 will provide $4,464,117 for the design, construction, financing and incidental contingencies, $284,944 to establish a bond reserve. The Budget Amendment will increase revenue estimates by $4,464,117 and increase expenditure appropriations by $4,343,872. The difference of $120,245 will be utilized to reimburse the City for past assessment engineering and design expenditures related to this District. This Budget Amendment includes $164,425 for the related assessment on City -owned properties located at 100 and 110 East Balboa Boulevard; OR f) if desired, abandon the proceedings. 24. 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 (contd. from June 10, 2008). Action: a) Conduct a de novo public hearing; and b) adopt Resolution No. 2008 -_, approving Use Permit No. 2007.029 subject to the findings and conditions of approval. 25. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO CALIFORNIA WASTE SERVICES, LLC. Action: a) Conduct public hearing; and b) adopt Ordinance No. 2008 -13 granting a Non - exclusive Solid Waste Franchise to California Waste Services, LLC. 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. 0 XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 26. PLANNING AGENDA FOR JULY 17, 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. XVIII. CURRENT BUSINESS 27. DESIGNATION OF VOTING DELEGATES FOR 2008 LEAGUE ANNUAL CONFERENCE — SEPTEMBER 24 — 27, 2008 IN LONG BEACH. Action: Designate the Conference and (two alternates allowed). XDL MOTION FOR RECONSIDERATION XX. ADJOURNMENT 7 as the City's Voting Delegate for as the Voting Alternate(s) 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.