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HomeMy WebLinkAbout0 - AgendaNEWPORT BEACH CITY COUNCIL AGENDA I. ROLL CALL Special Meeting Study Session - 3:30 p.m. December 11, 2007 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. (3:30 P.M.) 2. PROJECT MANAGEMENT DELIVERY METHODS FOR THE OASIS PROJECT. (3:40 PAL) 3. GROUP RESIDENTIAL USES -- DISCUSSION WITH SPECIAL COUNSEL (RICHARDS WATSON GERSHON) OF PROPOSED ORDINANCES. (4:00 P.M.) III. 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). IV. PLEASE TURN CELL PHONES & PAGERS OFF OR SET IN SILENT MODE. NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council of the City of Newport Beach has been scheduled for Tuesday, December 11, 2007, at 3:30 p.niL for the purpose of holding a Study Session (early start time). The meeting will be held in the City Council Chambers, 3300 Newport Boulevard, Newport Beach, California. La onne M. Harkless City Clerk City of Newport Beach II. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA STUDY SESSION December 11, 2007 SS2. PROJECT MANAGEMENT AND ALTERNATIVE PROJECT DELIVERY METHODS FOR MAJOR BUILDING PROJECTS. [new title] CITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, December 11, 2007 Regular Council Meeting - 7:00 p.m. STEVEN ROSANSKY Mayor EDWARD D. SELICH DON WEBB Mayor Pro Tem Council Member LESLIE J. DAIGLE Council Member KEITH D. CURRY Council Member MICHAEL F. HENN NANCY GARDNER Council Member Council Member HOMER BLUDAU - City Manager, ROBIN CLAUSON - City Attorney, LAVONNE HARKI.ESS - 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 BEARING: 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: httpJ /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 December 11, 2007 I. STUDY SESSION - 3:30 p.m. H. CLOSED SESSION -[Refer to separate agenda from City Attorney] III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VL CLOSED SESSION REPORT (if annlicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Pastor Eric Heard, Mariners Church 1R, PRESENTATIONS Proclamation Recognizing Masao Kato for Sister City Association with Okazaki, Japan OC Marathon Library Foundation Check Presentation Friends of the Library Check Presentation "Adopt a Beach" Recognitions X. REORGANIZATION A. ELECTION OF MAYOR. The City Clerk presides for the election of the Mayor. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: a) Conduct oral nominations for Mayor and conduct election by roll call vote; b) new Mayor announced by the City Clerk; and c) Mayor takes proper place at Council table. B. ELECTION OF MAYOR PRO TEM. The Mayor presides for the election of the Mayor Pro Tem. The Mayor, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: a) Conduct oral nominations for Mayor Pro Tem and conduct election by roll call vote; b) new Mayor Pro Tem announced by the City Clerk; and c) Mayor Pro Tem takes proper place at Council dais. TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS RECORDED. RED LIGHT WELL SIGNIFY WHEN SPEAKERS TIME LIMIT IS UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. C. SEATING ARRANGEMENTS FOR CITY COUNCIL. Action: Council decides on seating arrangement of Council dais (senior Council Members having first preference). D. REMARKS. Action: a) Outgoing Mayor's remarks; and b) new Mayor's remarks. XI. 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. XII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD I= PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON - DISCUSSION ITEM): XIII CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I — 13) 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 l or removed 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 ADJOURNED REGULAR MEETING AND REGULAR MEETING OF NOVEMBER 27, 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. 2 B. ORDINANCES FOR ADOPTION 3. ADOPTION OF THE 2007 CALIFORNIA FIRE CODE (TITLE 24, PART 9) AND THE 2006 INTERNATIONAL FIRE CODE WITH AMENDMENTS AS PART OF THE NEWPORT BEACH MUNICIPAL CODE. Adopt Ordinance No. 2007 -18 amending Title 9 of the NBMC to adopt the 2007 California Fire Code (Title 24, Part 9 of the California Code of Regulations) and local amendments, and the 2006 International Fire Code. 4. ADOPTION OF THE 2007 CALIFORNIA BUILDING CODES. a) Adopt Ordinance No. 2007 -19 for local amendments; and b) adopt Resolution No. 2007 -_ setting forth findings based on local conditions within the City which make certain modifications and changes to the California Building Code and the California Plumbing Code reasonably necessary. C. RESOLUTIONS FOR ADOPTION D. CONTRACTS AND AGREEMENTS 5. AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE — APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICE SAGREMENT WITH WESTON SOLUTIONS, INC. a) Approve an Amendment to the Professional Services Agreement with Weston Solutions, Inc. of Irvine for administrative, professional and field services at a not to exceed price of $42,266 and authorize the Mayor and the City Clerk to execute the Agreement; and b) approve a budget amendment (08BA -031) transferring $20,566 from salary savings in the Engineering Division (5100 -7000) to Engineering Division Services Professional and Technical Account 5100 -8080. 6. BIG CANYON CREEK RESTORATION PROJECT — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. AND APPROVAL OF BUDGET AMENDMENT. a) Approve a Professional Services Agreement with VA Consulting, Inc. of Irvine for design services at a contract price of $435,159 and authorize the Mayor and City Clerk to execute the agreement; b) approve a budget amendment (08BA -032) appropriating $28,222 to Account No. 7251- C5100709 and increasing revenue estimates by $28,222 representing a contribution from Orange County Sanitation District for preliminary design and CEQA documents for an OCSD maintenance access road; c) approve a budget amendment (08BA -032) appropriating $38,703 to Account No. 7251- C5100709 and increasing revenue estimates by $38,703 representing a contribution from Orange County Sanitation District for additional costs related to the design of the access roadway; d) approve a budget amendment (08BA -032) appropriating $50,000 to Account No. 7251- C5100709 and increasing revenue estimates by $50,000 representing contributions from The Irvine Company via The Irvine Ranch Conservancy to cover educational and interpretative elements for the project; and e) approve a budget amendment (08BA -032) appropriating $48,456 from the unappropriated General Fund Reserves (Tidelands) to Account No. 7231 - 05100709 for the Big Canyon Creek Restoration Project. 7. HARBOR AREA MANAGEMENT PLAN — AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS. Approve an Amendment to the Professional Services Agreement with Weston Solutions of Carlsbad for a not -to- exceed price of $43,680 and authorize the Mayor and the City Clerk to execute the agreement. 8. NEWPORT BAY WATER MANAGEMENT PLAN — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DUDEK. Approve a Professional Services Agreement with Dudek of Irvine for professional services in assisting with the preparation of a water management plan at a not to exceed price of $174,400 and authorize the Mayor and the City Clerk to execute the Agreement. 9. OCEANFRONT SAND REPLENISHMENT — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT AND NICHOL FOR ENGINEERING SERVICES. Approve a Professional Services Agreement with Moffatt & Nichol of Long Beach for professional engineering services at a not to exceed price of $98,268 and authorize the Mayor and the City Clerk to execute the Agreement. 10. DOLPHIN DEEP WATER WELL REHABILITATION (C -3978) — AWARD OF CONTRACT. a) Approve the specifications; b) award contract (C -3978) to General Pump Company for the total bid price of $145,600, and authorize the Mayor and City Clerk to execute the contract; c) establish an amount of $15,000 to cover the cost of unforeseen work; and d) approve a budget amendment (08BA -029) appropriating $40,600 from the unappropriated balance of the Water Fund to Account No. 7503- C5500460. 11. APPROVAL OF SOLE SOURCE PURCHASE OF YOUTH PLAYGROUND EQUIPMENT AT NEWPORT ISLAND PARK AND WEST NEWPORT PARK. Approve a sole source purchase from Innovative Playgrounds Co., Inc. to replace the existing youth playground at Newport Island Park and West Newport Park in an amount not to exceed $60,000. E. MISCELLANEOUS 12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY 200712008 EXPENDITURE ACCOUNTS. Approve a budget amendment (08BA -027) to increase revenue estimates by $100,000 in Account No. 4090 -5893 (Library Foundation Donations) and increase expenditure estimates by the same amount in Division 4090 (Foundation). 13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO CAPITAL IMPROVEMENT PROJECT ACCOUNT FOR FY 2007/08. Approve a budget amendment (08BA -028) to increase revenue estimates by $7,500 in Account No. 4091 -5892 (Friends of the Library Donations), and increase expenditure estimates by the same amount in CIP account 7011- C1002008. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR XV. P_UBLIC HEARINGS 14. WEST SANTA ANA HEIGHTS (WSAH) GENERAL PLAN AMENDMENT TO INCLUDE WSAH ON CITY LAND USE MAPS AND ASSIGN THE LAND USE CATEGORY DESIGNATIONS (PA2007- 209/GP2007 -007). Action: a) Conduct public hearing; and b) adopt Resolution No. 2007 -_ approving General Plan Amendment No. GP2007 -007 to adopt land use categories for the area ]mown as West Santa Ana Heights to be annexed into the City January 1, 2008 (PA2007 -209). 15. NORTH NEWPORT CENTER PLANNED COMMUNITY (PA2007 -151) — 500- 600 BLK NEWPORT CENTER DRIVE, 42000 BLK SAN JOAQUIN PLAZA. Action: a) Conduct public hearing; b) adopt Addendum to Final Environmental Impact Report (SCH No 2006011119) for the City of Newport Beach General Plan 2006 Update; c) introduce Ordinance No. 2007 7 _ approving Code Amendment No. CA2007 -007 and Planned Community Development Plan Amendment No. PD2007 -003 and pass to second reading on December 18, 2007; d) introduce Ordinance No. 2007 -_ approving Development Agreement No. DA2007 -002 and pass to second reading on December 18, 2007; e) adopt Resolution No. 2007 -_ approving Traffic Study No. TS2007 -001; f) adopt Resolution No. 2007 -_ approving the Affordable Housing Implementation Plan; and g) adopt Resolution No. 2007 -_ approving the Transfer of Development Rights. 16. APPEAL OF MODIFICATION PERMIT NO. 2007-050,1132 EBBTIDE ROAD - APPROVAL OF HEDGES, A PORTION OF AN ENTRY GATE, A PILASTER, AND SCULPTURES TO EXCEED THE 3 -FOOT HEIGHT LIMIT WITHIN THE REQUIRED 86 -FOOT FRONT YARD SETBACK AND APPROVAL OF AN EXISTING 9.5- FOOT -HIGH DRIVEWAY GATE TO EXCEED THE 6 -FOOT HEIGHT LIMIT WITHIN THE REQUIRED 6 -FOOT SIDE YARD SETBACK. Action: a) Conduct public hearing; and b) adopt Resolution No. 2007 -_ modifying the approval of Modification Permit No. 2007 -050. 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. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVIH. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 17. PLANNING COMMISSION AGENDAS FOR NOVEMBER 29, 2007 AND DECEMBER 6, 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. EA PA 18. MCFADDEN SQUARE CENTENNIAL LEGACY PROJECT: APPROVAL OF THE INITIAL DESIGN AND PROGRESS PAYMENT. Action: Approve the initial design and clay model of the proposed artwork for the McFadden Square Centennial Legacy Project and authorize payment of the First Installment Payment of $30,000 to Artist/Sculpture Hank Kaminsky. BX. CURRENT BUSINESS 19. APPROVAL OF THE REORGANIZATION OF THE BUILDING DEPARTMENT. Action: a) Approve the proposed reorganization plan including three new and five reclassified positions for the Building Department; and b) approve a budget amendment (08BA -030) to appropriate $173,046 from the General Fund balance to the Building Department's salary and benefits account numbers 2910 -7000, 2920 -7000, and 2930 -7000. 3W. 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. XX IL ADJOURNME NT — Tuesday, December 18, 2007 at 7:00 pm.