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HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, July 26, 2005 Regular Council Meeting - 7:00 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 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://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. NBC04D Sailing r1hrougkA Century... NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD July 26, 2005 - 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 Arts Foundation Presentation of Check G. NOTICE TO THE PUBLIC The City provides a yellow sign -in card for those wishing to address the Council. The card is used to assist in the preparation of the minutes and the completion of it is optional. Completed cards should be placed in the box at 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 1 MINUTE FOR SUMMATION. I. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 12) 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 o Consent Calendar item should come forward to the lectern upon invitation by the Mayor, state their name and item number. If the optional sign -tin 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 MEETING OF JUNE 21, 2005 AND THE SPECIAL MEETINGS (STUDY SESSION AND REGULAR MEETINGS) OF JUNE 28, 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 3. 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). Approve Code Amendment No. 2005 -001 by adopting Ordinance No. 2005- 12 amending the Condominium Conversion Regulations of Title 19 of the Municipal Code. CONTRACTS AND AGREEMENTS 4. PURCHASE OF SURVEILLANCE MONITORING AND RECORDING SYSTEM FOR THE BALBOA YACHT BASIN (`BYB "); CONTRACT WITH POST ALARM SYSTEMS. 1) Authorize the purchase and the installation of the alarm system as proposed at the bid price of $31,695; and 2) authorize the Harbor Resources Manager to execute a contract with Post Alarm Systems (C- 3783). 5. JAMBOREE ROAD REHABILITATION - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DEWAN, LUNDIN AND ASSOCIATES. Approve a Professional Services Agreement with Dewan, Lundin and Associates. Inc. of Garden Grove for Jamboree Road Street Rehabilitations from University Drive to Bristol Street and from San Joaquin Hills Road to Ford Road at a contract price of $85,708 and authorize the Mayor and City Clerk to execute the Agreement. 6. REQUEST FOR ADDITIONAL FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 100 (AREA GENERALLY BOUNDED BY BALBOA BOULEVARD, OCEAN FRONT, 13TH STREET, AND 2 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS ADAMS STREET). 1) Authorize an additional advance from the General Fund in the amount of $24,145 to Assessment District No. 100 and appropriate $10,150 to 74100 -9810 for SCE electric design, $8,300 to 74100 -9811 for SBC phone design and $5,695 to 74100 -9812 for assessment engineering services (06BA -001); and 2) authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Hall & Foreman, Inc. increasing the not -to- exceed amount to $27,145 for assessment engineering services. IRVINE AVENUE SIDEWALK BETWEEN PRIVATE ROAD AND SANTIAGO DRIVE — AWARD OF CONTRACT (C- 3715). 1) Approve the plans and specifications; 2) approve a budget amendment (06BA -002) appropriating $24,000 from Transportation and Circulation fund balance, 260 -3605, to account 7261 - 05100792; 3) award the contract (C-3715) to CJ Construction, Inc. for the total bid price of $202,250 and authorize the Mayor and the City Clerk to execute the contract; and 4) establish an amount of $17,750 to cover the cost of unforeseen work. 8. BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIR — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DUDEK & ASSOCIATES, INC. Approve a Professional Services Agreement with Dudek & Associates, Inc. (Dudek) of Encinitas for the Buck Gully Wetlands and Maintenance Road Repair at a contract price of $60,000 and authorize the Mayor and City Clerk to execute the Agreement. 9. ENCROACHMENT AGREEMENT AND PERMIT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE ALLEY RIGHT -OF -WAY ADJACENT TO 322 HELIOTROPE AVENUE, CORONA DEL MAR (N2005- 0286). Authorize the Mayor and City Clerk to execute an Encroachment Agreement providing for the construction of an alley extension structure that will become City property after it is completed and accepted by the City. 10. MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CALIFORNIA URBAN WATER CONSERVATION COUNCIL FOR BEST MANAGEMENT PRACTICES. Authorize the Mayor to execute a future Memorandum of Understanding (MOU) with the California Urban Water Conservation Council (CUWCC) regarding water conservation Best. Management Practices (BMPs). MISCELLANEOUS ACTIONS 11. REASSIGNMENT OF DIRECTOR OF RECREATION AND SENIOR SERVICES POSITION TO A DIFFERENT SALARY RANGE. Approve the City Manager's recommendation to place the position at a salary range of $8,730 - $10. 636 monthly (current range is $8,310 - $10,125 monthly). 12. ACCEPT ASSISTANCE TO CERT GRANT. 1) Accept the 2003 Federal Emergency Management Agency Supplemental Grant for Community Emergency Response Teams (CERT) for $5,514 in funding for the CERT Program; and 2) approve a budget amendment (06BA -004) increasing revenue estimates by $5.514 in 2354 -4894 and approving those funds into Fire Department account 2354- 82002. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. J. PUBLIC HEARINGS 13. TITLE 14 AMENDMENTS INCORPORATING WATER AND SEWER FEE INCREASES. Action: 1) Conduct public hearing: and 2) Adopt Ordinance No. 2005 -13 (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 $0.25 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 $4.50 per month for sewer customers connected to the water and sewer system; and f) Increasing the sewer connection fee from a basic fee from $5.25 per month to $6.25 per month for sewer customers that do not purchase water from the City. 14. HOAG MEMORIAL HOSPITAL PRESBYTERIAN SERIES 2005 HEALTH CARE FACILITY REVENUE BONDS. Action: 1) Hold the public hearing; and 2) Adopt Resolution No. 2005 authorizing: a) the sale of not to exceed $200 million of City of Newport Beach Insured Demand Revenue Bonds (Hoag Memorial Hospital Presbyterian) Series 2005; b) the execution and delivery of the Loan Agreement in substantially the form presented; c) the execution and delivery of the Indenture in substantially the form presented; d) the execution and delivery of the Preliminary Official Statement (including Appendix A) in substantially the form presented: e) the execution and delivery of the Bond Purchase Contract in substantially the form presented; and f) staff to take the necessary steps to close the bond sale. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. K. L. u 15. GENERAL PLAN AMENDMENT NO. 2004 -006 AND CODE AMENDMENT NO. 2005 -006 - MASTER DEVELOPMENT CORPORATION OFFICE EXPANSION, 4200 VON KARMAN AVENUE (PA2004 -231). Action: 1) Conduct public hearing; and 2) Approve the request by adopting Resolution No. 2005 -_ for General Plan Amendment No. 2004 -006 and introducing Ordinance No. 2005 -_ for Code Amendment No. 2005 -006, and passing to second reading and adoption on August 9, 2005. PUBLIC COMMENTS Public Comments are invited on. non- agenda items generally considered to be within. the subject matter jurisdiction of the Council -- Speakers must hinit comments to 3- minutes. Before speaking, please state your name for the record. 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 Status report — Other Committee Activities PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING COMMISSION AGENDA FOR JULY 7, 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. 17. PLANNING COMMISSION AGENDA FOR JULY 21, 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. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. N. CONTINUED BUSINESS 18. ESTABLISHING A PROTOCOL FOR THE UPCOMING PUBLIC HEARING FOR THE ST. ANDREWS PRESBYTERIAN CHURCH EXPANSION PROJECT (PA2002 -265). Action: Approve the hearing protocol as outlined in Exhibit No. 1. O. CURRENT BUSINESS 19. ORDINANCE RESTRICTING TRUCKS ON RIDGE PARK ROAD. Action: Introduce Ordinance No. 2005 -_ adding Section 12.32.022 to the NBMC to establish a vehicle weight limit of eight thousand (8,000) pounds on Ridge Park Road between Newport Coast Drive and Vista Ridge Road. 20. MARINER'S MILE WATERFRONT WALKWAY: APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH CASH & ASSOCIATES. Action: 1) Approve Amendment No. 2 to the Professional Services Agreement with Cash & Associates and authorize the Mayor and the City Clerk to execute the Amendment: and 2) Approve a budget amendment (06BA -003) appropriating $175,750 from Tide and Submerged Land reserves, 230 -3605, to account 7231- C5100703. 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.