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HomeMy WebLinkAbout01 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, January 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 January 22, 2005 I. STUDY SESSION - 4:00 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.2 VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Jim de Boom, Newport Mesa Irvine Interfaith Council IX. PRESENTATIONS Orange County Human Relations Commission Presentation of Certificate of Recognition and Annual Report. Check Presentation from the Friends of the Newport Beach Library. Presentation of Check to 1/1 Adoption Fund from Newport Harbor Republican Women. Richard Luehrs Presentation of Petitions for Upper Bay Dredging. 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. )I. 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. ML CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I — 18) 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 RESOL UTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF JANUARY 8, 2008, AND THE ADJOURNED REGULAR MEETING OF JANUARY 12, 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. ORDINANCES FOR ADOPTION 3. BAYSIDE RESIDENTIAL PLANNED COMMUNITY (PA2007 -166) - 919 BAYSIDE DRIVE - PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2007 -004 AND AMENDMENT TO NEWPORT TRACT MAP NO. 2004 -001 (TENTATIVE TRACT MAP NO. 15323). Adopt Ordinance No. 2008 -1 approving Planned Community Development Plan Amendment No. 2007 -004. 4. TITLE 17 REORGANIZATION; COUNCIL POLICY H -1 AND HARBOR DESIGN CRITERIA UPDATE. a) Adopt Ordinance No. 2008 -2 amending Title 17 of the NBMC to completely reorganize the Title with minor revisions throughout; c) adopt Ordinance No. 2008 -3 that relocates Section 17.28.045 (Vehicle Restrictions on Public Piers and Plazas) to Section 11.08.090; and c) adopt Ordinance No. 2008 -4 that relocates Section 17.28.060 (Skateboards) to Section 12.57.22. C. ORDINANCES FOR INTRODUCTION 5. RESOLUTION TO PROVIDE SECTION 20516 (EMPLOYEE SHARING COST OF ADDITIONAL BENEFITS) APPLICABLE TO SECTION 21354.4 (2.5% @ 55 FORMULA) FOR LOCAL MISCELLANEOUS MEMBERS. a) Adopt Resolution No. 2008 -_ relating to the City's intention to approve an amendment to the contract between the Board of Administration, California Public Employees' Retirement System (PERS) and the Newport Beach City Council to authorize cost sharing for the °2.5 %6@55" retirement formula for local miscellaneous members, including Key and Management; and b) introduce Ordinance No. 2008 -_ relating to a PERS contract amendment, and pass to second reading on February 26, 2008. 6. RESOLUTION OF INTENTION TO AWARD A NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO GREEN ENVIRONMENTAL WASTE AND RECYCLING, LLC. a) Adopt Resolution of Intention No. 2008 -_ to conduct a public hearing on February 26, 2008 to consider the award of a Non- exclusive Solid Waste Franchise to Green Environmental Waste and Recycling, LLC; and b) introduce Ordinance No. 2008 -_ granting a Non - exclusive Solid Waste Franchise to Green Environmental Waste and Recycling, LLC, and pass to second reading on February 26, 2008. D. RESOLUTIONS FOR ADOPTION RESOLUTION FOR STREET SWEEPING PARKING RESTRICTIONS IN THE WEST SANTA ANA HEIGHTS COMMUNITY (contd. from 1/8/08). a) Rescind Resolution No. 2007 -54; and b) adopt Resolution No. 2008 -_ replacing the current County of Orange NO PARKING restrictions with City of Newport Beach NO PARKING restrictions for street sweeping on Thursdays from 9:30 a.m. to 12:30 p.m. in the West Santa Ana Heights community. 8. RESOLUTION TO ACCEPT COUNTY FUNDS FOR RECYCLING. Approve Resolution No. 2008 -_ so the City may obtain up to $30,000 from the County of Orange to be used to supplement approved funding for creation of the City's household hazardous waste collection center to be located in the City Corporation Yard. E. CONTRACTS AND AGREEMENTS 9. NEWPORT BOULEVARD RIGHT -TURN LANE AT HOSPITAL ROAD (C -3655) - COMPLETION AND ACCEPTANCE OF CONTRACT. a) Accept the work; b) 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 c) release the Faithful Performance Bond one year after Council acceptance. 10. NEWPORT TERRACE LANDFILL GAS COLLECTION AND CONTROL SYSTEM (C -3651) - AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH SCS ENGINEERING FOR OBSERVATION AND SUPPORT SERVICES. Approve Amendment No. 2 to the Professional Services Agreement with SCS Engineers of Long Beach, California, for additional observation and support services for the Newport Terrace Landfill Gas Collection and Control System (C -3651) at a not to exceed price of $32,838 and authorize the Mayor and City Clerk to execute the agreement. 11. CONTRACT AMENDMENT WITH CR TRANSFER, INC., FOR PROCESSING THE CITY'S SOLID WASTE MATERIALS. Approve the amendment to the current contract with CRT, extending the agreement from February 28, 2008 through June 30, 2008. 12. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH HARDY & HARPER, INC. AND OLIVER MAHON ASPHALT, INC. FOR ON -CALL ASPHALT UTILITY REPAIRS. Approve Professional Services Agreements with Hardy & Harper, Inc. and Oliver Mahon Asphalt, Inc. for on -call asphalt utility repairs, . and authorize the Mayor and City Clerk to execute the agreements. 13. CITY - COUNTY SUBLEASE FOR WATER QUALITY LAB WING OF THE BACK BAY SCIENCE CENTER. Authorize the Mayor to execute a Sublease with the County of Orange for the Water Quality Lab wing of the Back Bay Science Center and have the sublease effective upon approval by the Orange County Board of Supervisors. 14. AWARD OF CONCESSION a) Select Fuji Grill, Inc. as th e Beach based on the proposal Request for Proposals for the and b) authorize the Mayor Agreement. F. MISCELLANEOUS AT CORONA DEL MAR STATE BEACH. next concessionaire at Corona del Mar State submitted by John Lee in response to City's CDM concessionaire dated August 31, 2007; and City Clerk to execute the Concession 15. ACCEPT FIREMAN'S FUND GRANT FOR SCBA BOTTLES. a) Accept the Fireman's Fund heritage Reward Grant in the amount of $15,000.00 to purchase 18 Self Contained Breathing Apparatus (SCBA) bottles; b) approve a sole source contract with AllStar Fire Equipment Inc. with an amount not to exceed $15,000.00 for the SCBA air bottles; and c) approve a budget amendment (08BA -038) increasing revenue estimates by $15,000.00 in 2320- 4914 and appropriating those funds into Fire Department Account 2320- 82007. 16. BUDGET AMENDMENT TO ACCEPT TWO CHECKS FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO MAINTENANCE & OPERATIONS BUDGET ACCOUNTS FOR FISCAL YEAR 2007 -08. Approve a budget amendment (08BA -040) to increase revenue estimates by $20,100 in Account No. 4091 -5892 (Friends of the Library Donations) and increase expenditure estimates by $20,100 in Division 4091, Friends. 17. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES FOR FISCAL YEAR 2007 -08. Approve a budget amendment (08BA -041) to increase expenditure appropriations by $13,866 in Division 4060, Literacy, and increase revenue estimates by the same amount in Account No. 4010 -4832, California Library Literacy Services. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. PUBLIC HEARING 18. PROPOSED ASSESSMENT DISTRICT NO. 92 - AREA GENERALLY BOUNDED BY RIVERSIDE AVENUE, CLIFF DRIVE, TUSTIN AVENUE, AND WEST COAST HIGHWAY - FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT. Action: a) Open public hearing on the formation of Assessment District No. 92; b) hear testimony from those who desire to speak; c) close the public hearing; d) count ballots; e) if more than 50% of weighted "yes" votes than "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. 92, ordering the acquisition of improvements, and designating the area an Underground Utilities District; and (2) approve a budget amendment (08BA -042) in anticipation of the formation and approval of Assessment District No. 92 (the proposed budget amendment of $2,053,537 will provide $1,916,537 for the design, construction, financing and incidental contingencies and $137,000 to establish a bond reserve; increase revenue estimates by $1,916,537 and increase expenditure appropriations by $1,803,567; the difference of $112,970 will be utilized to reimburse the City for past assessment engineering and design expenditures related to this District; and appropriate $28,018 for the related assessment on City owned property within the District; or f) if desired, abandon the proceedings. 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 DRAL STATUS REPORT 19. PLANNING COMMISSION AGENDA FOR JANUARY 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. CONTINUED BUSINESS 20. GROUP RESIDENTIAL USES: ADOPTION OF ORDINANCE NO. 2008 -5 AMENDING THE NEWPORT BEACH MUNICIPAL CODE RELATING TO GROUP RESIDENTIAL USES AND REPEALING THE TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW RESIDENTIAL USES THAT ARE TRANSITORY IN NATURE (2ND READING); ADOPTION OF RESOLUTION NO. 2008 -_ SUNSETTING THE INTENSE RESIDENTIAL OCCUPANCY COMMITTEE (IROC); ADOPTION OF RESOLUTION NO. 2008 - AMENDING THE DUTIES AND TERM OF THE CITY COUNCIL AD HOC COMMITTEE ON GROUP RESIDENTIAL USES; CONSIDERATION OF AN IMPLEMENTATION PLAN ON GROUP RESIDENTIAL USES; AND ADOPTION OF A NEW COUNCIL POLICY ON HEARING OFFICERS. Action: a) Adopt Ordinance No. 2008 -5 relating to Group Residential Uses and the repeal of the Temporary Moratorium on New Residential Uses that are Transitory in Nature; b) adopt Resolution No. 2008 sunsetting the Intense Residential Occupancy Committee (IROC); c) adopt Resolution No. 2008 -_ amending the duties and term of the City Council Ad Hoc Committee on Group Residential Uses; d) consider then Receive and File City staffs draft Implementation Plan relating to new Use Permits and review of existing Use Permits; and e) adopt Proposed New Council Policy F -26 (Hearing Officers). ►7 6 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.