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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, November 14, 2006 Regular Council Meeting - 7:00 p.m. DON WEBB MAYOR STEVEN ROSANSKY EDWARD D. SELICH Mayor Pro Tern Council Member TOD W. RIDGEWAY Council Member LESLIE J. DAIGLE Council Member HOMER BLUDAU - City Manager, HARKLESS - City Clerk, STEPHEN G. WOOD - Assistant City Manager. RICHARD A. NICHOLS 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:llwww.city.newport- beach.ca.usl 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 November 14, 2006 — 4:00 p.m. CLOSED SESSION — [Refer to separate agenda from City Attorney) RECESS YYYYYYYYYYYYY4eYYYYY A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C. CLOSED SESSION REPORT (if aunlicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION — Reverend Dr. Dennis Short, Harbor Christian Church and President of Newport- Mesa - Irvine Interfaith Council F. PRESENTATIONS Presentation of Proclamation by Senator Tom Harmon regarding the City's Centennial. Presentation of the Award of Merit Received from the California Chapter of the American Planning Association: Newport Beach Local Coastal Program, Coastal Land Use Plan G. 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. H. 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. I. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 14) 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. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR. MEETINGS OF OCTOBER 24, 2006. 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. RESOLUTIONS FOR ADOPTION 3. ADOPT RESOLUTION FOR THE ADOPTION OF THE ORANGE COUNTY REGIONAL WATER AND WASTEWATER MULTI - HAZARD MITIGATION (HAZMIT) PLAN. Adopt Resolution No. 2006 -_ for the adoption of the Orange County Regional Water and Wastewater Multi- Hazard Mitigation Plan, subject to incorporation of comments, if any, by the State Office of Emergency Services and the Federal Emergency Management Agency. 4. PRELIMINARY DESIGN CONTRACT WITH RABBEN/HERMAN DESIGN FOR MARINA PARK (PARK + MARINA PLAN); RESOLUTION RELATING TO A COMMITTEE ON MARINA PARK DESIGN; AND APPROVAL OF A BUDGET AMENDMENT. 1) Authorize the Mayor to execute a professional services agreement (PSA) substantially similar to the PSA attached to the staff report with Rabben/Herman Design for Preliminary Design of the "Park + Marina Plan" at Marina Park; 2) adopt Resolution No. 2006 -_ establishing the Council/Citizens Committee on Marina Park Design; and 3) approve a budget amendment (07BA -026) appropriating $90,000 in funds ($55,000 for PSA and $5,000 for contingency) for Preliminary Design work for the Park + Marina Plan. CONTRACTS AND AGREEMENTS 5. BALBOA VILLAGE PHASE III — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3727). 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) 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; 4) release the Faithful Performance Bond one (1) year after Council acceptance; and 5) approve a budget amendment (07BA -025) appropriating $40,000 to Account No. 7161- C5200791 and increase revenue estimates by $40,000 representing additional CDBG funding; and appropriating $35,000 from the Unappropriated General Fund balance to 7011- C5200791 to cover the extra costs to the project. 6. BRISTOL STREET NORTH REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD - AWARD OF CONTRACT (C- 3815). 1) Approve the plans and specifications; 2) award the contract (C -3815) to All American Asphalt for the total bid price of $537,487 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $53,749 to cover the cost of unforeseen work; and 4) approve a budget amendment (07BA -022) appropriating $58,000 to Account No. 7251- C5100875 and increasing revenue estimates by $58,000 representing a contribution from the County of Orange for work around the intersection of Bristol Street and Campus Drive. NEWPORT BOULEVARD/HOSPITAL ROAD RIGHT TURN MODIFICATIONS - AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING. Approve Amendment No. 4 to Professional Services Agreement with W.G. Zimmerman Engineering, Inc. and authorize the Mayor and the City Clerk to execute the Amendment. 8. PLACENTIA AVENUE AND HOSPITAL ROAD STREET REHABILITATION - AWARD OF CONTRACT (C- 3801). 1) Approve the plans and specifications; 2) award the contract (C -3801) to Sequel Contractors, Inc. for the total bid price of $1,212,300 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $121,230 (10 %) to cover the cost of unforeseen work; and 4) approve a budget amendment (07BA -024) in the amount of $231,530 from unappropriated Traffic Congestion Relief Fund to Account No. 7191- C5100860 and increasing revenue estimates by $231,530. 9. JANITORIAL SERVICES FOR BEACH AND PARK RESTROOM FACILITIES. Award the Janitorial Services Agreement with A -1 Spinelli in the amount of $64,400 to provide janitorial services at City park and beach restroom facilities and subsequently approve the budget amendment (07BA -023) in the amount of $14,896 to fund the additional cost over the expiring contract. 10. MEMORANDUM OF AGREEMENT (MOA) - ORANGE COUNTY RIVER PARK. Authorize the Mayor to execute a Memorandum of Agreement (MOA) substantially similar to the draft MOA attached to the staff report with the County of Orange and the cities of Huntington Beach and Costa Mesa regarding the Orange Coast River Park. MISCELLANEOUS 11. SANTA ANA RIVER VISION PLAN - ADVISORY COMMITTEE FORMATION. 1) Appoint the proposed list of organizations and their designated representatives to the City's Santa Ana River Advisory Committee; 2) designate Mayor Pro Tem Rosansky to chair the committee; and 3) accept a $5,000 grant from The Wildlands Conservancy to begin work on a vision document. 12. MAYOR'S APPOINTMENT AND COUNCIL'S CONFIRMATION OF DR. VIRGINIA L. BARRETT AS THE CITY S REPRESENTATIVE ON THE ORANGE COUNTY VECTOR CONTROL DISTRICT BOARD FOR A FOUR - YEAR TERM. Appoint Dr. Barrett to a four -year term on the Orange County Vector Control District Board. 13. UTILITY AND SEWER EASEMENT RESERVATION OVER THE BIRCH STREET PUBLIC RIGHT -OF -WAY IN SANTA ANA HEIGHTS. 1) Approve a sewer easement reservation requested by the Costa Mesa Sanitary District (CMSD) within the Birch Street public right -of -way; 2) reserve a City utility easement concurrent with the CMSD easement; and 3) direct staff and the City Clerk to proceed with the easements recordation through the Orange County Recorder. 14. ANALYSIS OF POLICE OPERATIONS - JULY 4, 2006. Review the contents of the report recapping the day's events and provide staff direction on those areas of focus, if any, Council would like brought back for possible implementation prior to July 4, 2007. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR K. PUBLIC HEARINGS 15. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO JB SERVICES. Action: 1) Conduct public hearing; and 2) Adopt Ordinance No. 2006 -23 granting a Non - Exclusive Solid Waste Franchise to JB Services. 16. CODE AMENDMENT 2006 -006 - MARINE CHARTER LAND USE AND PARKING REGULATIONS (PA 2006 -194). Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2006 -_ approving Code Amendment No. 2006 -006 revising land use regulations and parking requirements for marine charters; and pass to second reading on November 28, 2006. 17. CODE AMENDMENT 2006 -005 - GROUP RESIDENTIAL FACILITIES (PA 2006 -198). Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2006 approving Code Amendment No. 2006 -005 revising regulations relating to Group Residential Facilities; and pass to second reading on November 28, 2006. 18. OUR LADY QUEEN OF ANGELS CHURCH EXPANSION - 2046 & 2100 MAR VISTA DRIVE, USE PERMIT NO. 2005 -090, TRAFFIC STUDY NO. 2006 -002, MITIGATED NEGATIVE DECLARATION (PA2005 -092) - EXPANSION OF EXISTING CHURCH AND SCHOOL FACILITIES BY RELOCATION OF THE CHURCH TO THE ADJACENT PROPERTY LOCATED AT 2100 MAR VISTA DRIVE (PRESENTLY USED BY ST. MARK PRESBYTERIAN CHURCH) AND EXPANSION OF THE SCHOOL WITHIN ITS EXISTING SITE AT 2046 MAR VISTA DRIVE. L. 0 N. Action: 1) Conduct the public hearing; 2) Deny the appeal and uphold and affirm the decision of the Planning Commission by adopting Resolution No. 2006 -_ 19. BIG CANYON COUNTRY CLUB (PA2006 -160), 1 BIG CANYON DRIVE — GENERAL PLAN AMENDMENT TO INCREASE THE MAXIMUM ALLOWABLE DEVELOPMENT OF SUB -AREA 17 (BIG CANYON COUNTRY CLUB) OF STATISTICAL AREA L -2 OF THE LAND USE ELEMENT OF THE CITY'S GENERAL PLAN TO ALLOW AN ADDITIONAL 10,000 SQUARE FEET OF FLOOR AREA. Action: Continue to January 9, 2007. 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. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report — Local Coastal Program Certification Committee Status report — Newport Coast Advisory Committee Status report — City Centennial 2006 Committee Status report — City Council/Citizens Ad Hoc Committee for Marina Park Planning Status report — City Council Ad Hoc Marina Park Advisory Committee Status report — Other Committee Activities PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 20. PLANNING COMMISSION AGENDA FOR NOVEMBER 2, 2006. Action: 1) Receive oral report on the most recent Planning Commission actions; 2) Council Member appeal of Planning Commission, Modification Committee or Planning Director approvals subject to appeal; and 3) Receive and file written report. 21. PLANNING COMMISSION AGENDA FOR NOVEMBER 16, 2006. Action: 1) Receive oral report on the most recent Planning Commission actions; 2) Council Member appeal of Planning Commission, Modification Committee or Planning Director approvals subject to appeal; and 3) Receive and file written report. D 22. PELICAN HILLS RESORT - EXTENSION OF ROAD CLOSURE OF PELICAN HILLS ROAD SOUTH. Action: Staff recommends the continued closure of Pelican Hills Road South until September 30, 2007, with the provision that the roadway closure permit be reviewed by City Council at that time to determine if the roadway can be safely re- opened to the public, and subject to conditions outlined in the staff report. P. 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 matte only by one of the Council members who voted with the prevailing side. P. ADJOURNMENT