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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, January 11, 2005 Regular Council Meeting - 7:00 p.m. STEVE BROMBERG MAYOR DON WEBB LESLIE J. DAIGLE Mayor Pro Tem Council Member TOD W. RIDGEWAY Council Member STEVEN ROSANSKY Council Member RICHARD A. NICHOLS Council Member JOHN HEFFERNAN 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 (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 11, 2005 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 - Pastor Jim McCammon, Newport Harbor Lutheran Church F. PRESENTATIONS Rutan & Tucker Presentation to the Marine 111 Fund. Orange County Human Relations Annual Report. Litter Proclamation. Presentation by Karen Summers of "Purity for a Childs Journey". G. 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. 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 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. 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. I. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 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 boxprouided at the podium. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF DECEMBER 14, 2004. 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. RESOLUTION EXTENDING THE MARINERS JOINT USE LIBRARY AD HOC STEERING COMMITTEE. Adopt Resolution No. 2005 -- approving the extension of the Mariners Joint Use Library Ad Hoc Steering Committee. 4. REVISED RESOLUTION FOR AN URBAN STREAMS RESTORATION GRANT FOR TWO BUCK GULLY STABILIZATION PROJECTS. 1) Rescind Resolution No. 2004 -97 endorsing the application for an Urban Streams Restoration Grant; and 2) adopt Resolution No. 2005 -_ endorsing the revised application for an Urban Streams Restoration Grant. 5. ESTABLISHMENT OF NEWPORT BEACH /COSTA MESA/HUNTINGTON BEACH BORDERS COMMITTEE. 1) Adopt Resolution No. 2005 -_ establishing the Newport Beach/Costa Mesa /Huntington Beach Borders Committee; and 2) approve the Mayor's appointment of Council Members, Steve Rosansky, Don Webb and Leslie Daigle. CONTRACTS AND AGREEMENTS 6. APPROVAL OF CONTRACT WITH KNOWLEDGE COMPUTING CORPORATION TO PURCHASE DATA SHARING SOLUTION. 1) Award bid and approve the contract to purchase Phases 1 and 2 of a Records Management System (RMS) Information Sharing solution from Knowledge Computing Corporation in the amount of $1,606,053 to be funded from ILJ UASI Grant Funds Account 47017- CI820802 and authorize the Mayor to execute the contract on behalf of the City; and 2) approve the "Sub- grantee Agreements to transfer or purchase equipment or services using Urban Area Security Initiative (UASI) Grant Funds" SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. from the Cities of Santa Ana and Anaheim and authorize the Police Chief to execute the agreements on behalf of the City. 7. STORM DRAIN DIVERSIONS SUPPORT SERVICES - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. Approve an increase in the scope of work for Everest International Consultants' (Everest) Professional Services Agreement in the amount of $29,500 to extend the existing two - dimensional hydrodynamic model for Newport Harbor into upper Newport Bay. MISCELLANEOUS ACTIONS 8. UNSCHEDULED VACANCY ON THE ARTS COMMISSION. 1) Declare a vacancy on the City Arts Commission due to the resignation of David Colley effective January 14, 2005; 2) confirm the Mayor's appointment of Mayor Bromberg and Council Members Ridgeway and Rosansky to serve on the Ad -Hoc Appointments Committee; and 3) direct the City Clerk to post and publish a Special Vacancy Notice requesting that applications be submitted by 4:00 p.m. on Thursday, January 27, 2005, and schedule the submission of the nominations to the Council on February 8, 2005 with the final appointment to be made on February 22, 2005. 9. RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMITTEE (EDC) TO FILL EDC VACANCY. Fill current EDC vacancy by appointing Dan Marcheano as `Newport Beach Restaurant Association" representative. 10. APPOINTMENTS BY THE MAYOR TO THE COUNCIL /CITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. Confirm the appointments outlined in the staff report. 11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES. Approve a budget amendment (05BA -037) to increase expenditure appropriations $12,882 in Division 4060; Literacy, and to increase revenue estimates for the same amount in Account No. 4010 -4832, California Library Literacy Services. 12. POSITION CHANGE AND BUDGET AMENDMENT - CODE AND WATER QUALITY ENFORCEMENT. 1) Authorize the City Manager to change an existing part -time Code and Water Quality Enforcement Officer (Trainee) to a full -time Code and Water Quality Enforcement Officer (Trainee) position; and 2) approve a budget amendment (05BA -038) in the amount of $20,519.16 (an increase of $41,223 on an annualized basis) reflecting the above change. 13. APPOINTMENT OF REPRESENTATIVE AND ALTERNATE TO BOARD OF DIRECTORS OF ORANGE COUNTY AREA HOUSING & FINANCE AGENCY. Appoint Assistant City Manager Sharon Wood as the Newport Beach member of the Board of Directors, and Assistant Planner Jaime Murillo as the alternate member. 14. COMMENTS ON ORANGE COUNTY SANITATION DISTRICT DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) ON NEWPORT TRUNK SEWER AND FORCE MAINS REPLACEMENT. Approve and authorize the Mayor to send comments on the Draft EIR. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 15. PROPOSED UNDERGROUND UTILITIES DISTRICT (UUD) NO. 19 SANTA ANA HEIGHTS — MESA DRIVE, CYPRESS STREET AND A PORTION OF ORCHARD DRIVE. Action: 1) Open the public hearing, receive testimony and close public hearing; 2) Take one of the following actions: a) Adopt Resolution No. 2005 -_ establishing Underground Utility District No. 15; or b) Abandon the district proceedings. 16. CODE AMENDMENT NO. 2004 -009 AMENDING CHAPTER 20.44 (SPECIFIC PLAN DISTRICT #7 — SANTA ANA HEIGHTS) TO BE CONSISTENT WITH CHAPTER 20.85 (ACCESSORY DWELLING UNITS), WHICH WOULD ALLOW FOR GRANNY UNITS TO BE APPROVED BY THE PLANNING DIRECTOR [PA2004 -1861. Action: 1) Conduct public hearing; and 2) Adopt Ordinance No. 2004 -29 approving Code Amendment No. 2004 -009. 17. PUBLIC HEARING TO CONSIDER THE AWARD OF A NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO ROBERT'S WASTE AND RECYCLING, INC. Action: 1) Conduct public hearing; and 2) Adopt Ordinance No. 2004 -28 granting a Non - exclusive Solid Waste Franchise to Robert's Waste and Recycling, Inc. K. 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. L. 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 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 18. PLANNING COMMISSION AGENDA FOR JANUARY 6, 2005. 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. N. CURRENT BUSINESS 19. TELECOMMUNICATIONS FACILITY PERMIT NO. 2004 -009 (PA2004 -171) — 20662 NEWPORT COAST DRIVE. Action: 1) Conduct hearing; 2) Approve Telecom Permit No. 2004 -009 subject to the findings and conditions of approval attached to the staff report. 20. PROFESSIONAL SERVICES AGREEMENT AND BUDGET AMENDMENT FOR CREATION AND PUBLICATION OF A COMMEMORATIVE BOOK FOR THE 2006 CENTENNIAL. Action: 1) Approve a Professional Services Agreement (PSA) with Douglas Westfall and The Paragon Agency for the creation and publication of a book in commemoration of the City's 100 year anniversary; and 2) Approve a budget amendment (05BA -035) for funding the publication of the Commemorative Book for the 2006 Centennial by increasing expenditures in account 0110 -8250 by $114,337 to cover the cost of publication. The General Fund unappropriated fund balance will advance these funds and will be reimbursed by anticipated revenues of $301,000 from the sale of the books in FY 2005 -06. 21. DONNA AND JOHN CREAN MARINERS BRANCH LIBRARY AND TENNIS COURTS — AWARD OF CONTRACT (C- 3496). Action: 1) Approve the plans and specifications; 2) Award the contract (C -3496) to Howard S. Wright Construction Co. for the total bid price of $5,490,000 and authorize the Mayor and the City Clerk to execute the contract; 3) Establish an amount of $125,000 to cover the cost of unforeseen work; and 4) Approve a budget amendment (05BA -036) increasing revenue estimates by $155,043 in the Mariners Library Fund to reflect transfers in from the Ackerman Fund and Helen Russell Trust, appropriating $162,817.78 from the Mariners Library Fund Balance, 450 -3605. to account 7451- C5100661, and appropriating $1,312,938.32 from the General Fund SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Unappropriated Reserves, 010 -3605, to account 7011 - 05100661. 22. PLANNING PROCESS FOR FUTURE USE OF MARINA PARK. Action: 1) Adopt Resolution No. 2005 -_ establishing the City Council/Citizens Ad Hoc Committee for Marina Park Planning; and 2) Adopt Resolution No. 2005 -_ establishing the City Council Ad Hoc Marina Park Committee O. ITEMS REMOVED FROM THE CONSENT CALENDAR 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 made only by one of the Council members u ho voted with the prevailing side. Q. ADJOURNMENT 11 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.