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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, January 27, 2009 Regular Council Meeting - 7:00 p.m. EDWARD D. SELICH Mayor KEITH D. CURRY DON WEBB Mayor Pro Tern Council Member MICHAEL F. HENN Council Member STEVEN ROSANSKY Council Member LESLIE J. DAIGLE Council Member NANCY GARDNER Council Member HOMER BLUDAU - City Manager LEILANI BROWN - City Clerk DAVID HUNT - City Attorney SHARON WOOD - Assistant City Manager STEPHEN BADUM - Public Works Director 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 generally 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 Leilani Brown, 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 January 27, 2009 I. STUDY SESSION - 3:30 p.m. II. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation (Government Code & 54956.9(c) as to 2 matters: 1. Potential initiation of litigation against the state of California for errors in allocation of sales and use taxes. 2. Potential initiation of litigation on one matter in which disclosure of its underlying existing facts and circumstances would jeopardize the City's ability to conclude existing settlement negotiations to the City's advantage. B. Conference with Legal Counsel Existing Litigation (Government Code 4 54956.9(a)): 1. Sober Living By The Sea, Inc. v. City of Newport Beach, United States District Court Case No. SA CV 08 -00200 JVS (MLGx) 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 - Jim de Boom, Newport Mesa Irvine Interfaith Council IX PRESENTATIONS Proclamation to the Corona del Mar High School Girls Cross Country Team Proclamation to former City Attorney Robin Clauson 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. 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 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 MI. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 12) 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 SPECIAL MEETING OF JANUARY 10, 2009, AND REGULAR MEETING OF JANUARY 13, 2009. 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 ADOPTION 3. SEA LION TIME LIMITS FOR COMPLIANCE - FIRST WARNING LETTER. Adopt Ordinance No. 2009 -1 relating to Sea Lion Compliance, amending Sections 17.25.020 and 17.50.100 of the Newport Beach Municipal Code. C. 4. VESSEL ANCHORING IN THE PACIFIC OCEAN. Adopt Ordinance No. 2009 -2 amending Sections 17.01.030, 17.20.020, 17.20.050, 17.25.020, 17.45.020 and 17.45.030 of the Newport Beach Municipal Code. 5. ORDINANCE AMENDING SECTION 7.04.050 OF TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO DOGS AT 38TH STREET PARK. a) Adopt Ordinance No. 2009 -3 and pass to second reading on January 27, 2009. RESOLUTIONS FOR ADOPTION 6. NEWPORT BEACH GENERAL PLAN AMEND ANOMALY GENERAL PLAN ACCOMMODATE 7 COUNTRY CLUB. Plan Amendment. COUNTRY CLUB (PA20050140 & PA2008 -152) - AMENDMENT INITIATION (GI2009 -001) TO NOS. 46 AND 74 OF TABLE LU2 OF THE LAND USE ELEMENT IN ORDER TO 'HE RENOVATION OF NEWPORT BEACH kdopt Resolution No. 2009 -_ to initiate a General D. CONTRACTS AND AGREEMENTS 7. PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR ENVIRONMENTAL SERVICES ON CITY HALL MASTER PLANNED FACILITY. Approve the Professional Services Agreement with LSA Associates, inc., and authorize the Mayor and City Clerk to execute the agreement. 8. LIDO ISLE STREET REHABILITATION (C -4096) - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WALDEN & ASSOCIATES FOR DESIGN SERVICES. Approve a Professional Services Agreement with Walden & Associates of Irvine, for design of final construction plans for Lido Isle Street Rehabilitation at a not to exceed price of $99,420, and authorize the Mayor and City Clerk to execute the Agreement. 9. COMMUNITY YOUTH CENTER (CYC) REHABILITATION (C -3959) - AWARD OF CONTRACT. a) Approve the project plans and specifications; award the contract (C -3959) to TBC Contractors Corporation for the total bid price of $820,700, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $122,300 (15% of total bid) to cover the cost of unforeseen work. 10. COMMUNITY YOUTH CENTER (CYC) PARKING LOT REHABILITATION (C4132) - REJECT ALL BIDS. a) Reject all received bids; b) direct staff to re- advertise the project for bids; and c) direct staff to return the Cashier's Check (Bid Bond) in the amount of $12,500 submitted by Frank Shariat General Engineering. 11. 2008 -2009 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM (C4072) - AWARD OF CONTRACT. a) Approve the project plans and specifications; b) award the contract (C -4072) to Grigolla & Sons Construction Company for the total bid price of $554,145.50, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $55,400 (10% of total bid) to cover the cost of unforeseen work. E. MISCELLANEOUS 12. POLICY DIRECTION REGARDING THE OCTA/MEASURE M HABITAT CONSERVATION SITE INVENTORY. Authorize the City Manager to ask OCTA to add the following sites in Newport Beach to its Habitat Conservation Site Inventory: 1) Banning Ranch (purchase and/or habitat improvement); 2) Beach and Bay Mobile Home Park, if available for sale and if legally closed (purchase and/or habitat improvement); 3) Upper Buck Gully (habitat improvement site); and 4) properties in Lower Buck Gully that are held by private property owners (purchase or habitat improvement). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XV. PUBLIC HEARINGS 13. ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT, CITY OF NEWPORT BEACH AND SOBER LIVING BY THE SEA (SLBTS). Action: a) Conduct public hearing; and b) introduce Ordinance No. 2009 -_ relating to a Zoning Implementation and Public Benefit Agreement ( "Zoning Agreement") between the City of Newport Beach ( "City") and Sober Living by the Sea ( "SLBTS "), and pass to second reading on February 10, 2009. 14. A GENERAL PLAN AMENDMENT, PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT, AND PARCEL MAP TO ALLOW THE DEVELOPMENT OF A NEW, SINGLE - FAMILY DWELLING ON A PORTION OF THE BIG CANYON GOLF COURSE — THE GENERAL PLAN AMENDMENT WOULD CHANGE THE LAND USE CATEGORY FROM PARKS AND RECREATION (PR) TO SINGLE -UNIT RESIDENTIAL DETACHED (RS -D); THE PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT WOULD AMEND THE BIG CANYON PLANNED COMMUNITY TO CHANGE THE LAND USE DESIGNATION FROM "GOLF COURSE" TO "LOW DENSITY RESIDENTIAL" (PA2007 -210). Action: a) Conduct public hearing; and b) adopt Mitigated Negative Declaration No. ND2008 -003; c) adopt Resolution No. 2009 -_ with findings approving General Plan Amendment No. GP2007 -008 and Parcel Map No. NP2007 -029 (Attachment 1); and d) introduce Ordinance No. 2009 -_ approving Planned Community Development Plan Amendment No. PD2007 -005 (Attachment 2), and pass to second reading on February 10, 2008. 4 15. ANNUAL STATUS REPORT ON RECEIPT AND USE OF DEVELOPMENT IMPACT FEES. Action: a) Conduct public hearing; and b) receive and file the Annual Report on Development Impact Fees for fiscal year 2007/2005. 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. XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT -None XVIII. 16. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON THE 2008 COUNCIL PRIORITIES. Action: Review and comment as needed. 17. PROPOSED STAFFING ADJUSTMENTS IN THE OFFICE OF THE CITY ATTORNEY. Action: a) Approve the request to staff the part -time Paralegal position at the full-time level by establishing a new full-time Paralegal classification in the Key and Management unit; and b) approve the request to staff the part -time Office Assistant position at the full-time level. XDL CURRENT BUSINESS 18. COUNCIL DECISION REGARDING CITY MANAGER'S RECOMMENDATION TO DEFER CERTAIN CAPITAL IMPROVEMENT PROJECTS (CIP) FUNDED WITHIN THE FY 2008 -2009 BUDGET. Action: Support the City Manager's recommendation to defer the 16 projects at a cost savings of $2,088,900. XX. 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. XXI. ADJOURNMENT