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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, June 28, 2005 Regular Council Meeting - 6:00 p.m. JOHN HEFFERNAN MAYOR DON WEBB Mayor Pro Tern TOD W. RIDGEWAY Council Member STEVEN ROSANSKY Council Member LESLIE J. DAIGLE Council Member EDWARD D. SELICH Council Member RICHARD A. NICHOLS 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 bos 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 June 28, 2005 STUDY SESSION - 3:00 p.m CLOSED SESSION - tRefer to separate agenda from City Attorney] RECESS A. RECONVENE AT 6:00 P.M. FOR REGULAR MEETING (SPECIAL MEETING) B. ROLL CALL C. CLOSED SESSION REPORT (if applicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Pastor Greg Tonjes, Mariners Church F. PRESENTATIONS Proclamation for Roger Summers. Parks & Recreation Month Proclamation. Proclamation for Newport Beach Breakers. G. NOTICE TO THE PUBLIC The City pouides a vellou sign. -in card for those toishin.g 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 (1 -?1) 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 repots on each of the items recommending an action. There will be no separate discussion of these itenns prior to the tinne the Council votes on the motion unless members of the Council, staff o the public request specific items to be discussed and /or removed from the Consent Calendar to?- 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 MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING OF JUNE 14, 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. ORDINANCE FOR ADOPTION VEHICLE CODE ENFORCEMENT WITHIN ONE FORD ROAD. Adopt Ordinance No. 2005 -10 authorizing application of California Vehicle Code to Private Roads in the One Ford Road Community. RESOLUTION FOR ADOPTION 4. ADOPT RESOLUTION DESIGNATING AN AUTHORIZED CITY REPRESENTATIVE TO FILE AN APPLICATION FOR AN INTEGRATED REGIONAL WATER MANAGEMENT IMPLEMENTATION GRANT. Adopt Resolution No. 2005 -_ authorizing the Public Works Director to file an application for an Integrated Regional Water Management Implementation grant. CONTRACTS AND AGREEMENTS 5. BACK BAY SCIENCE CENTER - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH RON YEO, FAIA. Approve Amendment No. 1 to the Professional Services Agreement with Ron Yee, FAIR, Architect, Inc. for the Back Bay Science Center. 6. NEWPORT HEIGHTS, CLIFFHAVEN, SEAWIND AND PACIFIC VIEW STREET REHABILITATION AND SOUTHBOUND MACARTHUR BOULEVARD MEDIAN MODIFICATIONS - AWARD OF CONTRACT (C- 3677). 1) Determine that the project is exempt from environmental review pursuant to Section 15302 of the California Environmental Quality Act; 2) approve the plans and specifications; 3) award the contract (C -3677) to All American Asphalt, Inc. for the total bid price of $1,574,574 and authorize the Mayor and the City Clerk SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. to execute the contract; 4) establish an amount of $100,426 to cover the cost of unforeseen work; and 5) approve a budget amendment (05BA -071) transferring $20,000 from Gas Tat, Account No. 7181- C5100063, $60,000 from Gas Tax, Account No. 7181- C5100070, and $322.000 from Gas Tax Unappropriated Fund Balance 180- 3605 to account 7181- C5100782. 7. BONITA SPORTS PARK STORAGE BUILDINGS - REJECT ALL BIDS FOR CONTRACT (C- 3683). 1) Approve the plans and specifications; and 2) reject all bids for contract (C- 3683). 8. WATER PIPELINE MASTER PLAN - REPLACEMENT SEASHORE DRIVE - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3644). 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: and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 9. SEWER AND STORM DRAIN REPLACEMENT - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3645). 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; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 10. 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3647), 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; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 11. 2004 -2005 ALLEY REPLACEMENT PROGRAM - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3630). 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; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 12. 32 ^D STREET TIDE VALVE REPLACEMENT - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3667). 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: and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 13. NEWPORT COAST ELEMENTARY SCHOOL (NCES) LOOP ROAD LANDSCAPE AND IRRIGATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3731). 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; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 14. AMENDMENT TO AGREEMENT WITH TRUGREEN LANDCARE FOR MAINTENANCE OF BONITA CANYON SPORTS PARK. Approve Amendment No. 1 to the Agreement with TruGreen LandCare. L.L.C.. increasing compensation paid to the contractor to $164,337.60 per year, and removing the contractor's right to cancel the agreement without cause prior to the expiration of the agreement. 15. LEGAL ADVERTISING BID FOR FISCAL YEAR 2005 -2006. Accept the bid of the Dailv Blot and authorize a purchase order for the one -year period of fiscal year 2005 -2006. 16, GEOTECHNICAL, SURVEYING AND MAPPING, ARCHEOLOGICAL, INSPECTION AND ENVIRONMENTAL PLANNINGIPERMITTING ON -CALL SERVICES — APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS. 1) Approve Professional Services Agreements with Harrington Geotechnical and Leighton and Associates for on -call geotechnical services and authorize the Mayor and City Clerk to execute the agreements: 2j approve Professional Services Agreements with Coast Surveying, Advance Survey Concepts, and Walden & Associates for on -call professional surveying and mapping services and authorize the Mayor and the City Clerk to execute the agreements: 3) approve a Professional Services Agreement with LSA and Associates for on -call archeological services and authorize the Mayor and City Clerk to execute the agreement: 4) approve a Professional Services Agreement with Project Partners for on -call supplemental public works inspection services and authorize the Mayor and City Clerk to execute the agreements; and 5) approve a Professional Services Agreement with J.H. Douglas & Associates for on -call environmental planning and permitting assistance and authorize the Mayor and City Clerk to execute the agreements. MISCELLANEO US ACTIONS 17. REPORT DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED TO THE ADOPTION OF INTERIM URGENCY ORDINANCE NO. 2005 -7 REGULATING MEDICAL MARIJUANA DISPENSARIES. Receive and file the report. 18. BUDGET AMENDMENT TO TRANSFER FUNDS FROM THE LITERACY SPECIAL PURPOSE ACCOUNT TO APPROPRIATE ACCOUNTS FOR LITERACY SERVICES. Approve a budget amendment (0513A -069) for Literacy Services in the amount of $9,000. 19. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY (NBPL) FOUNDATION AND APPROPRIATE FUNDS FOR MAJNTENANCE AND OPERATIONS BUDGET FOR FY2004 -05. Approve a budget amendment (05BA -070) to increase revenue estimates by $20,000 in Account No. 4090 -5893 (NBPL Foundation Donations) and increase expenditure estimates by the same amount in Division 4090, Foundation. 20. MEASURE M ELIGIBILITY RE- QUALIFICATION FOR FY2005 -2006. 1) Adopt the Seven -Year Capital Improvement Program; and 2) direct staff to submit the adopted Capital Improvement Program, updated Pavement Management Program (PMP), and Maintenance of Effort certification to the Orange County Transportation Authority to satisfy the eligibility provisions for the Measure M and the Congestion Management Programs. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 21. APPOINTMENT TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC). Confirm Mayor Heffernan's appointment of Adam Boettner to the District 7 at -large seat on EQAC. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 22. BALBOA VILLAGE 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 Balboa Village Business Improvement District; and 2) a) If protests represent less than 50 percent of the total assessment amount adopt Resolution No. 2005 -_ confirming the levy of the BID assessment for the 2005 -2006 fiscal year; OR b) If protest: represent 50 percent or more of the total assessment, abandon the proceedings to renew the District. K. PUBLIC COMMENTS Public Continents are invited on non - agenda i:tents generally considered to be within the subject matter jurisdiction of the Council -- Speakers must limit comments to 3oninu.tes. Before speaking, please state.vour none 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 — City- Centennial 2006 Committee Status report — City CounciPCitizens Ad Hoc Committee for Marina Park Planning Status report — City Council Ad Hoc Marina Park Advisory Committee Status report — Other Committee Activities M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 23. PLANNING COMMISSION AGENDA FOR JUNE 23, 2005. Action: 1) Receive oral report on the most recent Planning Commission actions: 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 2) Council Member appeal of Planning Commission, Modification Committee or Planning Director approvals subject to appeal; and 3) Receive and file written report. N. CONTINUED BUSINESS 24. 2005 -06 BUDGET ADOPTION Action: 1) Straw vote the items included on the budget checklist and determine by individual vote if the checklist items should be included in the 2005 -06 budget; and 2) Adopt Resolution No. 2005 approving the City's 2005 -06 Budget, as amended by any approved budget checklist items. 25. CODE AMENDMENT NO. 2005 -001 AMENDING TITLE 19 OF THE MUNICIPAL CODE RELATED TO PARKING STANDARDS FOR CONDOMINIUM CONVERSIONS (PA 2005 -015) (contd. from 5/10/05 & 6/14/05). Action: Approve Code Amendment No. 2005 -001 by introducing Ordinance No. 2005 -_ amending the Condominium Conversion Regulations of Title 19 of the Municipal Code to increase the minimum required parking standard to: a) current standards OR b) two spaces per unit, with an effective date of the ordinance to be 60 days after the date of its adoption, and that any condominium conversion applications deemed complete by the effective date be allowed to proceed under the existing regulations in effect prior to this amendment; and pass to second reading on June 28, 2005. 26, NAMING OF PARK LOCATED BEHIND THE NEWPORT BEACH CENTRAL LIBRARY ( contd. from 6/14/05). Action: The Parks, Beaches & Recreation Commission recommends that the City Council consider naming the park located behind the Newport Beach Central Library from one of the following three suggestions (Centennial Park, Newport Beach Central Park or Newport Central Park) and /or select one from the entire list of 425 names. 27, SCHEDULING, OF THE PUBLIC HEARING FOR THE ST. ANDREWS PRESBYTERIAN CHURCH EXPANSION PROJECT (PA2002 -265) ( contd. from 6/14/05). Action: Determine the most appropriate date for the public hearing. 28. APPOINTMENTS TO BOARDS AND COMMISSIONS. Action: Appointments to be made from the nominees to the Boards and Commissions listed below: Board of Library Trustees (1 vacancy —Vote for one) Harry Hamilton (incumbent) SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Citv Arts Commission (3 vacancies - Vote for three) Gerald Allison Dennis Baker (incumbent) Rita Goldberg Robyn Grant Helen McCarthy Kirwan Rockefeller (incumbent) Civil Service Board (,1 vacancy —Vote for one) Bert Carson (incumbent) Douglas Coulter Charles Gross Harbor Connnission (2 vacancies — Vote for two) Seymour Beek (incumbent) Scott Ramser Ralph Rodheim (incumbent) Tony Melum Parks, Beaches & Recreation Commission (2 vacancies - Vote for two) Allen Doby Phillip Lugar Roy Englebrecht (incumbent) Errol Frank Planning Commission (2 vacancies —Vote for two) Marti Klein Michael Toerge (incumbent) Ron Baees Michael Henn 29, INTERIM URGENCY ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES. Action: Adopt an interim urgency ordinance (Ordinance No. 2005 -_) extending the temporary moratorium on the establishment and operation of medical marijuana dispensaries for ten (10) months and fifteen (15) days. (Requires five Councilmembers votes]. O. CURRENT BUSINESS 30, APPOINTMENTS TO FILL VACANT POSITIONS ON VARIOUS COMMITTEES CREATED BY THE RESIGNATION OF MAYOR BROMBERG. Action: Confirm the appointments as announced by the Mayor to fill the following committee vacancies created as a result of the resignation of Mayor Bromberg: 1) Aviation Committee (Chair); 2) Ad Hoc Com- mittee to Promote the Revitalization of the Balboa Peninsula (PROP) [confirmation of District 5 Council Member]; 3) Building Ad Hoc SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Committee (Chair): 4) Economic Development Committee; 5) City Council Ad Hoc Sphere Issues Committee (Chair): 6) Affordable Housing Task Force: 7) Ad Hoc General Plan Update Committee (Chair); 8) Local Coastal Program Certification Committee (Vice Chair): 9) City Council Economic Advisory Committee (Chair); 10) City Centennial 2006 Committee: 11) City Council /Citizens Ad Hoc Committee for Marina Park Planning (Chair); 12) Inter -City Liaison Committee: and 13) Newport Beacb/Costa Mesa /Huntington Beach Borders Committee. 31. SUNSET RIDGE PARK - COMMUNITY OUTREACH FOR THE MASTER PLAN. Action: Receive and provide input concerning the proposed public outreach procedure. 32. RECYCLING SERVICE FEE INCREASE OF $0.12 PER MONTH FOR FY 2005 -2006 FOR RESIDENTIAL USERS. Action: .Adopt Resolution No. 2005 -_ authorizing the recycling service fee to be set at $2.93 per month per residential unit effective July 1.'2005; and rescind Resolution No. 2004 -55. 33. TITLE 14 AMENDMENTS INCORPORATING WATER AND SEWER FEE ADJUSTMENTS. Action: 1) Introduce and pass to second reading Ordinance No. 2005 -_ (amending Section 14.12.020 and 14.24.065 of Title 14 of the Newport Beach Municipal Code): a) Increasing the water use fee from $2.00 to $2.08 for each hundred cubic feet of water delivered to each customer connected to the City water system; b) Increasing the water meter fee based on meter size as indicated in report: c) Increasing the sewer use fee from $0.20 to $0.30 for each hundred cubic feet of water delivered to each customer connected to the City water and sewer system, effective September 1. 2005; d) Increasing the sewer use fee from $0.30 to $0.35 for each hundred cubic feet of water delivered to each customer connected to the City water and sewer system, effective September 1. 2006: e) Increasing the sewer connection fee from a basic fee of $3.60 per month to 54.50 per month for sewer customers connected to the water and sewer system; and I) Increasing the sewer connection fee from a basic fee from 55.25 per month to 56.25 per month for sewer customers that do not purchase water from the City; and 2) Schedule a public hearing on the proposed amendments to the ordinance (amending Section 14.12.020 and 14.24.065 of Title M SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 14 of the Newport Beach Municipal Code) for the nest City Council meeting. 34. CENTENNIAL CONTRACT APPROVALS: 1) CONTRACT FOR THE BEACH BOYS PERFORMANCE AT CENTENNIAL OPENING EVENT; AND 2) PROFESSIONAL SERVICES AGREEMENT WITH FIESTA PARADE FLOATS FOR DESIGN AND CONSTRUCTION OF THE CITY OF NEWPORT BEACH'S 2006 ROSE PARADE FLOAT. Action: Approve the Centennial related contracts as listed. 35. COUNCIL DISCUSSION ON WHETHER TO HOLD THE JULY 12TH REGULAR MEETING. Action: Discuss and provide direction. P. ITEMS REMOVED FROM THE CONSENT CALENDAR Q. MOTION FOR RECONSIDERATION A motion to reconsider the cote on any action taken by the City Council at either this meeting or the previous meeting may be mode only by one of the Council members who voted with the prevailing side. R. ADJOURNMENT 9 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.