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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, June 12, 2007 Regular Council Meeting - 7:00 p.m. STEVEN ROSANSKY Mayor EDWARD D. SELICH DON WEBB Mayor Pro Tern 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 (_9DA) 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 12, 2007 I. STUDY SESSION - 2:30 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 - Pastor John Embree, Newport Harbor Lutheran Church IX. PRESENTATIONS Okazaki Exchange Students. Youth Council Presentation. Toshiba Classic $10 Million in 10 Year Milestone. Proclamation for Citizen of the Year Honoree Evelyn Hart. X. NOTICE TO THE PUBLIC The City prooides 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. XL 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. XII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 24) 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 AND REGULAR MEETING OF MAY 22, 2007 AND ADJOURNED REGULAR MEETING OF MAY 30, 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. ORDINANCE FOR INTRODUCTION 3. FRANCHISE WITH BALBOA ISLAND FERRY; LEASE AGREEMENT WITH BALBOA ISLAND FERRY. a) Introduce Ordinance No. 2007 -_ granting a Franchise to the Balboa Island Ferry and pass to second reading on June 26, 2007; b) authorize the Mayor to execute a Lease Agreement with the Balboa Island Ferry (effective date of lease agreement to coincide with effective date of ordinance). C. RESOLUTIONS FOR ADOPTION 4. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2006 -2007, AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2007 -2008. a) Approve the Annual Report for the 2006 -2007 Marine Avenue Business Improvement District Fiscal Year; and b) adopt Resolution of Intention No. 2007 - to Levy Assessments for FY 2007 -2008 and set the public hearing for June 26, 2007. 5. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2006 -2007 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2007 -2008. a) Approve the Annual Report for the 2006 -2007 Corona del Mar Business Improvement District Fiscal Year; and b) adopt Resolution of Intention No. 2007 -_ to Levy Assessments for FY 2007 -2008 and set the public hearing for June 26, 2007. 6. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2006 -2007 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2007 -2008. a) Approve Balboa Village Business Improvement District 2006 — 2007 Annual Report; and b) adopt Resolution of Intention No. 2007 -_ and set the public hearing for June 26, 2007. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2006- 2007 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR OF JULY 1, 2007 TO JUNE 30, 2008. a) Approve Restaurant Association Business Improvement District Fiscal Year 2006- 2007 Annual Report; and b) adopt Resolution of Intention No. 2007 -_ and set the public hearing for June 26, 2007. 8. 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. 2007- 9. RESOLUTION RESTRICTING THE PARKING OF VEHICLES (EXCLUDING BUSES) ADJACENT TO 1601 16TH STREET. Adopt Resolution No. 2007 -_ restricting parking, excluding buses, along 16th Street between the hours of 8:30 a.m. and 2:30 p.m., Monday through Friday, adjacent to the Environmental Nature Center (ENC) at 1601 16th Street. D. CONTRACTS AND AGREEMENTS 10. RELEASE OF SURETY FOR OFF -SITE PUBLIC IMPROVEMENTS COMPLETED ON ORANGE AVENUE FROM OLD NEWPORT BOULEVARD TO CLAY STREET (MC OLD NEWPORT ROAD, LLC). a) Accept the off -site public improvements constructed as conditions for the vacation and abandonment of a portion of the Orange Avenue public right -of- way from Old Newport Boulevard to Clay Street; b) authorize the City Clerk to release Faithful Performance Bond No. 838037 -S in the amount of $65,000 for the public improvements constructed along Orange Avenue; and c) authorize the City Clerk to release Labor and Materials Bond No. 838037 -S in the amount of $65,000 for the public improvements constructed along Orange Avenue, provided no claims have been filed. 11. NEWPORT SHORES STREET END IMPROVEMENTS — PHASE 2 AWARD OF CONTRACT (C- 3805). a) Approve the plans and specifications; b) award the contract (C -3805) to Belaire -West Landscape, Inc. for the total bid price of $46,193 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $5,000 to cover the cost of unforeseen work. 12. BACK BAY SCIENCE CENTER — COMPLETION AND ACCEPTANCE OF CONTRACT (C -3460) WITH KEWAUNEE, DOW DIVERSIFIED, AND METROPOLITAN FLOOR COVERINGS. a) Accept the work performed and completed by Kewaunee, Dow Diversified, and Metropolitan Floor Coverings; b) authorize the City Clerk to file a Notice of Completion for each trade contractor; c) authorize the City Clerk to release the Labor and Materials bonds 35 days after the Notices of Completion have been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bonds one (1) year after Council acceptance. 13. PLACENTIA AVENUE AND HOSPITAL ROAD STREET REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3801). 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 (1) year after Council acceptance. 14. ANALYTICAL SERVICES FOR RESOLUTION OF DREDGING PERMIT ISSUES — AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. a) Approve Amendment No. 1 to the Professional Services Agreement with Weston Solutions, Inc. and authorize the Mayor and the City Clerk to execute the Amendment; and b) approve a budget amendment (07BA -79) transferring $104,200 from the unappropriated General Fund reserve to account 2731 - C2370721 Analytical Services Agreement. 15. BALBOA ISLAND BEACH SAND STUDY. a) Approve the Professional Services Agreement with Moffatt and Nichol Engineers to investigate the feasibility of various measures to control bay -front beach erosion on Balboa Island for $49,995; and b) approve a budget amendment (07BA -78) transferring $40,000 from General Fund unappropriated reserves to Account 7231- C2360893 which currently contains $10,000. 16. CITY GATEWAY SIGNAGE PROJECT — AWARD OF CONTRACT (C- 3914). a) Approve the plans and specifications; b) declare the bid submitted by Adcon, Inc. of Valencia as non - responsive; c) award the contract (C -3914) to Bravo Sign and Design, Inc. for the total bid price of $184,200, and authorize the Mayor and the City Clerk to execute the contract; and d) establish an amount of $18,420 to cover the cost of unforeseen work. 17. COUNCIL CONSIDERATION OF AN AMENDMENT TO A PRIOR AGREEMENT WITH ORANGE COUNTY REGARDING REDEVELOPMENT AGENCY FUNDING FOR THE SANTA ANA HEIGHTS FIRE STATION AND THE SANTA ANA HEIGHTS COMMUNITY CENTER. a) Authorize the Mayor to execute the 2n6 Amendment to the Memorandum of Agreement — Santa Ana Heights Fire Station and Santa Ana Heights Recreation Facility (Fire Station Agreement) regarding new funding for the SA Heights fire station; and b) determine that the development of a specific Recreation Facility for Santa Ana Heights (using RDA funds) is no longer appropriate. 18. COASTAL COMMISSION -CITY MOU REGARDING 919 BAYSIDE AND THE RHINE WHARF GUEST DOCK. Authorize the Mayor to execute a Memorandum of Understanding with the Coastal Commission regarding the 919 Bayside Project and the Rhine Wharf Guest Dock provided that the MOU is in substantially similar form to the one attached to the staff report. 19. NEWPORT COAST RESIDENTIAL REFUSE COLLECTION SERVICES. Begin a new Request for Proposals (RFP) process, reject all previous proposals received, and direct staff to issue the revised RFP which is attached to the staff report, and extend the current Agreement with Waste Management of Orange County for three months from July 1, 2007 through September 30, 2007. rd 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. APPROVAL OF ORANGE STREET STORM DRAIN REPAIRS BY GCI CONSTRUCTION. Approve the Orange Street Storm Drain Repairs performed by GCI Construction for a total amount of $43,792.48. 22. BUDGET AMENDMENT TO INCREASE REVENUE FROM SALE OF OIL AND APPROPRIATE ADDITIONAL FUNDS TO PAY OIL ROYALTIES AND REPAIRS TO WELLS. Approve a budget amendment (07BA -077) to increase revenue estimates by $406,000 in Account 2370 -5620, Tidelands Royalty - Petroleum, and increase maintenance and operation expenditure estimates by $105,500 in Division 5400, Utilities Oil & Gas. 23. DONATION OF USED FIRE EQUIPMENT. Approve the donation of used fire equipment to the Rotary Club of Newport- Balboa for further transfer to appropriate Mexican agencies. 24. COUNCIL RESPONSE TO LAFCO STAFF'S RECOMMENDATIONS REGARDING ANNEXATION ISSUES AFFECTING WEST SANTA ANA HEIGHTS, THE COUNTRY CLUB, THE MESA DRIVE AREA AND THE SANTA ANA COUNTRY CLUB. Continue indefinitely. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. PUBLIC HEARING 25. VACATION OF AN EXISTING SEWER AND WATER EASEMENT AND ACCEPTANCE OF NEW SEWER AND WATER EASEMENTS AT 1600 NEWPORT CENTER DRIVE (contd. from 5122107). Action: a) Conduct public hearing for the vacation of an existing sewer and water easement; b) adopt Resolution No. 2007 ordering the vacation of an existing sewer and water easement and the acceptance of new sewer and water easements at 1600 Newport Center Drive; c) direct staff to process the vacation and acceptance of said easements; and d) direct the City Clerk to have the Resolution and easement documents recorded by the Orange County Recorder. 26. FISCAL YEAR 2007 -08 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 26, 2007 and direct the preparation of the Budget Resolution for adoption at the Council Meeting of June 26, 2007 including any "checklist" items that are recommended for approval. 27. 2007 -08 APPROPRIATION LIMIT HEARING. Action: a) Conduct public hearing; and b) adopt Resolution No. 2007 - approving the City's Appropriation (Gann) Limit for the 2007 -08 fiscal year in the amount of $131,978.593. 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 XVIII. 28. PLANNING COMMISSION AGENDA FOR JUNE 7, 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. 29. COUNCIL DECISION TO PROCEED WITH THE PREPARATION OF PLANS AND SPECIFICATIONS FOR NEWPORT CENTER PARK'S MIDDLE PHASE WITH TOT LOT, RESTROOM AND PARKING LOT COMPONENTS, INCREASING THE BUDGET FOR SUCH PLANNING AND FINALIZING PARK NAMING RIGHTS. Action: No recommendation. 30. POLICY DIRECTION REGARDING POLYSTYRENE USE IN NEWPORT BEACH. Action: Direct staff to pursue one or more (or none) of the polystyrene reduction options listed in the staff report and return at a future meeting with implementation language for additional consideration. XVIX. CURRENT BUSINESS 31. AWARD OF CONCESSION AT CORONA DEL MAR STATE BEACH. Action: a) Select Rudy's as the next concessionaire at CDM State Beach based on the proposal submitted by Todd Carson and James "Rudy" Kaminski in response to City's recent Request for Proposals for the CDM concessionaire; b) authorize the Mayor to execute a Concession Agreement as attached to the staff report; OR c) direct staff to reject all bids and prepare and issue a new Request for Proposals. 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 — In Memory of Rose Marie Hawkins