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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, February 22, 2005 Regular Council Meeting - 7:00 p.m. STEVE BROMBERG MAYOR DON WEBB LESLIE J. DAIGLE Mayor Pro Tern TOD W. RIDGEWAY Council Member STEVEN ROSANSKY Council Member HOMER BLUDAU - City Manager, HARKLESS - City Clerk, STEPHEN G. WOOD - Assistant City Manager. Council Member RICHARD A. NICHOLS Council Member JOHN HEFFERNAN 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 February 22, 2005 STUDY SESSION - 4:30 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 - Reverend Eugene Lee. Our Lady Queen of Angels Church F. PRESENTATIONS G. NOTICE TO THE PUBLIC The City prouides 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 ou.t the card please place it in the box of the podium. Asa 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 I MINUTE FOR SUMMATION. I. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 11) 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 ulish to discuss a Consent Calendar item should come forward to the lectern upon inuitati.on 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 MEETING OF FEBRUARY 8, 2005. 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. ORDINANCES FOR ADOPTION 3. MEDICAL AND DENTAL OFFICE PARKING - CODE AMENDMENT NO. 2004 -001 (PA2004 -007) - CODE AMENDMENT TO INCREASE THE NUMBER OF PARKING SPACES REQUIRED FOR MEDICAL AND DENTAL OFFICE USES FROM 1 PER EACH 250 GROSS SQUARE FEET TO 1 PER EACH 200 GROSS SQUARE FEET. Adopt Ordinance No, 2005 -1. RESOLUTIONS FOR ADOPTION 4. SAFE SURRENDER SITE PROGRAM. Adopt Resolution No. 2005 requesting the OC Board of Supervisors to include all fire stations with the City of Newport Beach as designated safe surrender sites for newborns. CONTRACTS AND AGREEMENTS 5. COUNTY -WIDE EMERGENCY RESPONSE AGREEMENT FOR EXCHANGE OF OPEN WATER LIFEGUARD SERVICES. Approve the Emergency Response Agreement for Exchange of Open Water Lifeguard Services between the California Departments of Parks and Recreation, the County of Orange, the City of Huntington Beach, the Lake Mission Viejo Association, the City of Newport Beach, the City of San Clemente and the City of Sea] Beach. 6. AGREEMENT GUARANTEEING COMPLETION OF OFF -SITE STREET IMPROVEMENTS ON ORANGE AVENUE FROM OLD NEWPORT BOULEVARD TO CLAY STREET. Approve an agreement for construction of improvements guaranteeing the completion of off -site street improvements SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. conditioned for the vacation and abandonment of a portion of the Orange Avenue public right -of -way from Old Newport Boulevard to Clay Street. ALLEY REPLACEMENT PROGRAM 2004 -2005 - AWARD OF CONTRACT (C- 3630). 1) Determine that the project is exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act Implementing Guidelines: 2) approve the plans and specifications; 3) award the contract (C -3630) to Nobest, Inc. for the total bid price of $827,000 and authorize the Mayor and the City Clerk to execute the contract; 4) establish an amount of $82,700 to cover the cost of unforeseen work; and 5) approve a budget amendment (05BA -044) increasing revenue estimates in the Contributions Fund, 250 -5901. by $390,700 and appropriating $390,700 to account 7251- C5100277. 8. POLLUTION LEGAL LIABILITY RENEWAL. Approve the renewal of the pollution and legal liability insurance coverage with XL Insurance for the three (3) year policy period beginning 3/01/05 to 3/01/08 for the quoted premium of $267,424 or $89.141 annually. MISCELLANEOUS ACTIONS 9. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY04 -05 EXPENDITURE ACCOUNTS. Approve a budget amendment (05BA -043) to increase revenue estimates by $8,550 in Account No. 4010 -5901 and $1.275 in Account No. 450 -5901 (Mariners Library) and increase expenditure estimates by the same amount in Division 4060 (Literacy), 4090 (Foundation) and 7451- C1500756 (Mariners). 10. STAFF PROPOSAL TO CREATE A RECORD SPECIALIST POSITION IN THE BUILDING DEPARTMENT RESPONSIBLE FOR THE MANAGEMENT AND MAINTENANCE OF DEPARTMENT RECORDS AND FACILITATING AND TRACKING THE FLOW OF CUSTOMER'S PLAN SUBMITTALS. Approve a budget amendment (05BA -042) appropriating $17,395.23 from General Fund Unappropriated Fund balance to provide salary and benefits for a new full time position for the remainder of Fiscal Year 2004 -2005. 11. CONTINUE PUBLIC HEARING FOR PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 19 SANTA ANA HEIGHTS - MESA DRIVE, CYPRESS STREET AND A PORTION OF ORCHARD DRIVE (contd. from 1/11/05). Continue public hearing for the proposed Underground Assessment District No. 19, Santa Ana Heights, until March 22, 2005 when legal issues and use of RDA Funds should be resolved between the County of Orange and City of Newport Beach. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC COMMENTS Public Comments are incited on non - agenda items generally considered to be within the subject matter jurisdiction of the Council -- Speakers must limit conements to 3- ininutes. Before speaking, please state your name for the record. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. K. 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 — 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 StatuF report — Other Committee Activities L. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 12. PLANNING COMMISSION AGENDA FOR FEBRUARY 17, 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. M. CONTINUED BUSINESS 13. UNSCHEDULED VACANCY ON THE CITY ARTS COMMISSION. Action: Appoint one of the two nominees (Gerald Allison or Gilbert Laskey) to fill the vacancy on the City Arts Commission, which was created as a result of the resignation of David Colley. 14. ESTABLISHMENT OF AN AD HOC COMMITTEE FOR REVISIONS TO THE ZONING CODE. Action: Adopt Resolution No. 2005 approving the formation of an Ad Hoc Committee for Revisions to the Zoning Code, to be comprised of eight (8) members as noted in the staff report. N. CURRENT BUSINESS 15. ORDER OF CONSTRUCTION OF PUBLIC IMPROVEMENTS ALONG GRANT STREET FRONTAGE — 7000 AND 7012 WEST COAST HIGHWAY. Action: 1) Reaffirm that no driveway curb cuts shall be constructed along the westerly Grant Street public right -of -way fronting the Newport Sands Mobile Home Park site, or 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 2) If desired, consider the property owner's request for three (3) driveway curb cuts along Grant Street; and 3) Set March 15, 2005 as the construction plan submittal deadline for the required off -site improvements. 16. WORK FORCE HOUSING (WFH) REWARD GRANT APPLICATION. Action: Adopt Resolution No. 2005 - authorizing the City of Newport Beach to apply for and receive WFH grant funds, and execute the contract and any other required documents. 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 who voted with the prevailing side. Q. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA REGULAR MEETING February 22, 2005 CONSENT CALENDAR S17. PROPERTY INSURANCE PROGRAM RENEWAL. Approve the renewal of the entire property insurance coverage program for a total premium of $559.962. S18. EXCESS WORKERS COMPENSATION (WC) INSURANCE RENEWAL. Approve the renewal of the excess workers compensation coverage for a twelve month policy with a self - insured retention (SIR) of $1 million and statutory coverage limits for FY 05/06. Appropriate funds exist in budget ( #6010 -8638) to cover the expenditure. S19. EXCESS GENERAL LIABILITY INSURANCE RENEWAL. Approve the renewal of the excess general liability insurance coverage for a twelve month policy with a self- insured retention (SIR) of $500,000 and a $1 million SIR for Employment Practices Liability Insurance.