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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, December 14, 2004 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR STEVE BROMBERG Mayor Pro Tern STEVEN ROSANSKY Council Member DON WEBB Council Member LESLIE J. DAIGLE Council Member RICHARD A. NICHOLS Council Member JOHN HEFFERNAN Council Member HOMER BLUDAU - City Manager, ROBIN CLAUSON - Acting 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 Clerks 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://wwm,.cit3,.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 a PAGERS OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD December 14, 2004 STUDY SESSION - 4:00 p.m. CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C. CLOSED SESSION REPORT (if applicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION F. PRESENTATIONS Proclamation for Jacquelyn Beauregard Dillman Corona del Mar Centennial Planning Committee G. REORGANIZATION 1. CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS. Action: Adopt Resolution No. 2004 -_ declaring the results of the General Municipal Election held on November 2, 2004. 2. ADMINISTRATION OF OATH OF OFFICE. Action: 1) The City Clerk calls the newly elected /re- elected Council Members forward, administers the Oath of Office prescribed in the State Constitution to the elected officials. and delivers to each a Certificate of Election. 2) The newly elected /re- elected Council Members are seated at the Council dais. 3. 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. I TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS RECORDED. SPEAKER MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. RED LIGHT WILL SIGNIFY WHEN 5 MINUTES ARE UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. Action: 1) Conduct oral nominations for Mayor and conduct election by roll call vote. 2) New Mayor announced by the City Clerk. 3) Mayor takes proper place at Council table. 4. 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: 1) Conduct oral nominations for ?Mayor Pro Tem and conduct election by roll call vote. 2) New Mayor Pro Tem announced by the City- Clerk. 3) Mavor Pro Tem takes proper place at Council dais. 5. SEATING ARRANGEMENTS FOR CITY COUNCIL. Action: Council decides on seating arrangement of Council dais. (Senior Council Members having first preference). 6. REMARKS. Action: 1) Presentation of gavel plaque to outgoing Mayor. 2) Outgoing Mayor's remarks. 3) New Mayor's remarks. 4) Remarks from newly elected /re- elected Council Members. H. NOTICE TO THE PUBLIC The City prooides a yellow sign. -in card for those wishing to address the Council to assist in the preparation of the minutes. 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. As a courtesv, please turn cell phones and pagers off or set them in the silent mode. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM): SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. J. CONSENT CALENDAR NOTICE TO THE PUBLIC .411 matters listed under CONSENT CALENDAR (7— 19) are considered by the Council to be routine and will all be enacted by one motion in the form listed below. Me 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 anal /or removed from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Ca.lendar item should come forward to the lectern upon incitation by the Mavor, 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 MINUTES/ORDINANCES AND RESOLUTIONS MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF NOVEMBER 23, 2004. Waive reading of subject minutes, approve as written and order filed. S. 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. ORDINANCES FOR INTRODUCTION 9. SETTING A PUBLIC HEARING TO CONSIDER THE AWARD OF A NON- EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO ROBERT'S WASTE AND RECYCLING, INC. 1) Adopt Resolution of Intention No. 2004 -_ to award a Non - exclusive Solid Waste Franchise to Roberts Waste and Recycling; Inc. and schedule a public hearing on January 11, 2005; and 2) introduce Ordinance No. 2004 -_ granting a Non- exclusive Solid Waste Franchise to Roberts Waste and Recycling, Inc. and pass to second reading on January 11, 2005. 10. CODE AMENDMENT NO. 2004 -009 AMENDING CHAPTER 20.44 (SPECIFIC PLAN DISTRICT #7 — SANTA ANA HEIGHTS) TO BE CONSISTENT WITH CHAPTER 20.55 (ACCESSORY DWELLING UNITS), WHICH WOULD ALLOW FOR GRANNY UNITS TO BE APPROVED BY THE PLANNING DIRECTOR [PA2004 -156]. Introduce Ordinance No. 2004• approving Code Amendment No. 2004 -009 and pass to second reading on January 11. 2005. ORDINANCE FOR ADOPTION 11. FATS, OIL AND GREASE (FOG) CONTROL ORDINANCE. Adopt Ordinance No. 2004 -27 amending Chapter 14.30 of the NBMC to reflect new wastewater system requirements of the Regional Board. RESOLUTIONS FOR ADOPTION 12. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2005 UNDER THE CITY S CONFLICT OF INTEREST CODE. Adopt Resolution No. 2004 - adopting the 2005 Designated Employees List. 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 13. RESOLUTION FOR AN URBAN STREAMS RESTORATION GRANT FOR THE BUCK GULLY STABILIZATION PROJECT. Adopt Resolution No. 2004 -_ endorsing the application for an Urban Streams Restoration Grant. CONTRACTS AND AGREEMENTS 14. 44TH STREET TIDAL VALVE REPLACEMENT — AWARD OF CONTRACT (C- 3717). 1) Approve the plans and specifications; 2) award the contract (C -3717) to GCI Construction Inc. for the total bid price of $61,400 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $5.000 to cover the cost of unforeseen work; and 4) approve a budget amendment (05BA -031) appropriating $36,400 from the Unappropriated Tide and Submerged Land Surplus Fund Balance. 230 -3605, to the Tidal Valve Replacement Program, 7231- C3170722. MISCELLANEOUS ACTIONS 15. PURCHASE OF HIGH SPEED COLOR IMAGING SYSTEM. 1) Approve the purchase of a Konica Colorforce 8050 High Speed Color Imaging System from Century Business Services. Inc.; and 2) authorize a budget amendment (05BA -030) appropriating $38,650 from unappropriated General Fund reserves to Account No. 7017- C062080L 16. SOLE SOURCE PURCHASE OF THREE FIRE ENGINES. 1) Authorize the purchase of three (3) fire engines from American LaFrance of Los Angeles for a purchase price of $1,026,759; and 2) approve a budget amendment (05BA -032) in the amount of $31,759 to fund the additional cost of the engines due to an upgrade of the body composition and increases in material costs. 17. BUDGET AMENDMENT — SURFING /SAILING /TENNIS /SPECIAL EVENTS. Approve a budget amendment (05BA -034) in the amount of $53.724 to enhance the City's recreational programs as outlined in the staff report. 18. RESPONSE TO THE STATE WATER RESOURCES CONTROL BOARD REGARDING THE NEWPORT BEACH AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS). Authorize the Mayor to send a letter to the State Water Resources Control Board (SWRCB) requesting an exception to the Ocean Plan's limitations on discharges to an Area of Special Biological Significance (ASBS) for discharges of water into the Newport Beach Marine Life Refuge ASBS, 19. REPORT ON INFORMATIONAL ISSUES REQUESTED BY COUNCIL MEMBER HEFFERNAN. Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS K. PUBLIC HEARINGS 20. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING THE LEVYING OF ASSESSMENTS FOR FISCAL YEAR 2005. Action: 1) Hold public hearing regarding the renewal of the Marine Avenue Business Improvement District; and 2) a. if protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2004 -_ confirming the Marine Avenue Business Improvement District Annual Report and levying the BID assessment for the 2005 fiscal year; OR b. if protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the District. 21. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2005. Action: 1) Hold public hearing regarding the renewal of the Restaurant Association Business Improvement District; and 2) a. if protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2004 -_ confirming the Restaurant Association Improvement District Annual Report and levying the BID assessment for the 2005 fiscal year; OR b. if protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the District. L. PUBLIC COMMENTS Public Comments are inuited 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. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report — Ad Hoc General Plan Update Committee (GPUC) Status report — Local Coastal Program Certification Committee Status report — Newport Coast Advisory Committee Status report — Mariners Joint Use Library Ad Hoc Steering Committee Status report — Other Committee Activities SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 22. PLANNING COMMISSION AGENDA FOR DECEMBER 9, 2004. 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. O. CURRENT BUSINESS 23. APPROVAL OF PURCHASE AND SALE AGREEMENT CALTRANS PARCEL DD 40766 -01 -02 — SUNSET RIDGE PARK. Action: 1) Approve the Purchase and Sale Agreement for parcel DD 40766- 01 -02: 2) Authorize the Mayor to execute the Purchase and Sale Agreement: and 3) Approve a budget amendment (05BA -033) in the amount of $49,100 from the Unappropriated Park in Lieu Reserves. 010 -3767, to account number 7021- C5100515. 24. COUNCIL CONSIDERATION OF CITY ATTORNEY CONTRACT. Action: Approve the agreement as recommended by the City Attorney Recruitment Committee. 25. PROPOSED COUNCIL POLICY B -17 — ACCEPTING DONATIONS TO RECREATION & SENIOR SERVICES RELATED ACTIVITIES. Action: Approve new Council Policy B -17 — Accepting Donations to Recreation & Senior Services Related Activities. 26. COUNCIL POLICY G -5 CHANGES. Action: Approve revisions to Council Policy G -5 (Park and Street Improvement Donations) as recommended by the Parks, Beaches & Recreation Commission or make alternative revisions as deemed necessary. P. ITEMS REMOVED FROM THE CONSENT CALENDAR Q. 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. R. ADJOURNMENT N SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA REGULAR MEETING December 14, 2004 CURRENT BUSINESS S27. RECOMMENDATION OF THE PLANNING COMMISSION ON THE CITY COUNCIL'S CONSIDERATION OF THE ST. ANDREWS PRESBYTERIAN CHURCH EXPANSION PROJECT. Action: Provide direction to staff regarding the scheduling of the St. Andrew's Presbyterian Church expansion project.