HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, November 22, 2005
Regular Council Meeting - 7:00 p.m.
JOHN HEFFERNAN
MAYOR
DON WEBB LESLIE J. DAIGLE
Mayor Pro Tem
TOD W. RIDGEWAY
Council Member
STEVEN ROSANSKY
Council Member
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 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.
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NEWPORT BEACH CITY COUNCIL AGENDA
COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD
November 22, 2005
STUDY SESSION — 3:00 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 — Reverend Thai Trinh, Our Lady Queen of Angels Church
F. PRESENTATIONS
Sharon Esterley — Chair of Lets Do Launch
Luis Alvarado — Designer of the Centennial N13100 Logo
Lung Cancer Awareness Month
G. NOTICE TO THE PUBLIC The City provides a yellow sign -in card to assist in the
preparation of the minutes. The completion of the card is not required in order to address the
Council. 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 -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 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 boxprovided at the podium.
READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE REGULAR MEETING OF NOVEMBER 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 INTRODUCTION
3. ORDINANCE EXTENDING NON - EXCLUSIVE SOLID WASTE FRANCHISES
WITH FRANCHISED SOLID WASTE ENTERPRISES AND APPROVAL OF
ASSIGNMENT TO USA WASTE OF CALIFORNIA. Introduce Ordinance No.
2005 -_ and pass to second reading on December 13, 2005; and approve the
assignment of the Waste Management of Orange County, Inc.'s franchise to USA
Waste of California.
4. MODIFICATION OF NBMC SECTION 14.24.020 — DWELLING UNIT AND
BUSINESS STRUCTURE SEWER CONNECTION. Introduce Ordinance No.
2005 -_ and pass to second reading on December 13, 2005.
RESOLUTIONS FOR ADOPTION
5. 2006 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP)
RESOLUTION CERTIFYING FUNDING AND COMMITTING
IMPLEMENTATION OF SUBMITTED PROJECTS IN THE PROGRAM. Adopt
Resolution No. 2005 -_ certifying that the City of Newport Beach has the resources to
fund the projects submitted in the RTIP in fiscal years (FY) 2005 -06 to 2010 -11 and
affirming its commitment to implement all of the projects submitted in the program.
6. PROPOSED JOINT POWERS AUTHORITY — INTEGRATED LAW AND
JUSTICE AGENCY. 1) Adopt Resolution No. 2005 authorizing the City of
Newport Beach to participate in the Integrated Law and Justice Agency for Orange
County (ILJAOC) and authorize the Mayor to execute the Joint Powers Agreement
(JPA) associated with the City's participation, and authorize the City Manager
and /or Police Chief to execute any related documents consistent with the
implementation of this Agreement; and 2) ratify the COPLINK System Use Policy
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
specifically authorizing the Chief of Police to execute the document and any
amendments on behalf of the City.
RESOLUTION AUTHORIZING AND APPROVING AN APPLICATION FOR A
GRANT IN THE AMOUNT OF $70,550 FROM THE WASTE MANAGEMENT
BOARD FOR THE REFURBISHMENT OF THE IRVINE TERRACE PARK
(PHASE II) AND MARINERS PARK PLAYGROUNDS. Adopt Resolution No.
2005 -_ to apply for Tire Derived Product (TDP) Grant Funds from CIWMB
authorizing the Recreation & Senior Services Director to execute all contracts.
8. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL:
ANNUAL REPORT FOR FISCAL YEAR 2005, AND ADOPTION OF
RESOLUTION OF INTENTION TO LEVY FOR THE SHORTENED FISCAL
YEAR 2006. 1) Approve Marine Avenue Business Improvement District 2005
Annual Report: and 2) adopt Resolution of Intention No. 2005 -_ and set the public
hearing for December 13, 2005.
9. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT
RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2005 AND ADOPTION
OF RESOLUTION OF INTENTION TO LEVY FOR THE SHORTENED
FISCAL YEAR OF JANUARY 1, 2006 TO JUNE 30, 2006. 1) Approve Restaurant
Association Business Improvement District 2005 Annual Report; and 2) adopt
Resolution of Intention No. 2005 -_ and set the public hearing for December 13,
2005.
CONTRACTS AND AGREEMENTS
10. PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON
ROAD TO CAMEO SHORES ROAD (C- 3435). 1) Approve the plans and
specifications; 2) approve a budget amendment (06BA -028) appropriating an
additional $101,862.50 from the Unappropriated Circulation & Transportation Fund
Balance to Account No. 7261- C5100650; 3) award the contract to Elite Bobcat
Service, Inc. for the total bid price of $249,452.50 and authorize the Mayor and the
City Clerk to execute the contract; and 4) provide a contingency of $20,000 to cover
the cost of testing and unforeseen work.
MISCELLANEOUS ACTIONS
11. ACCEPT EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG).
1) Accept the 2004 Emergency Management Performance reimbursement grant for
$7,188 in funding for maintaining the city's emergency management program; and
2) approve a budget amendment (06BA -027) increasing revenue estimates by $7,188
in 2355 -4896, and appropriating those funds into Fire Department account 2355-
8105.
12. PROPOSED UPDATE OF CITY COUNCIL POLICY F -5, UPDATE TO
PURCHASING PROCEDURES (ADOPTION OF A RECYCLING CONTENT
PURCHASING POLICY). Approve the proposed addition to Purchasing
Procedures as referenced in Council Policy F -5.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR,
EXCEPT FOR THOSE ITEMS REMOVED.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
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PUBLIC HEARINGS
13. SANTA BARBARA CONDOMINIUMS — 900 NEWPORT CENTER DRIVE
(PA2004 -169) (LENNAR HOMES).
Action: 1) Conduct public hearing;
2) Approve the request by:
a. Adopting Resolution No. 2005 -, approving General
Plan Amendment No. 2004 -005, LCP Land Use Plan
Amendment No. 2005 -001, Tentative Parcel Map No.
2005 -014, Tentative Tract Map No. 2004 -004 (16774),
Traffic Study No. 2005 -002, Coastal Residential
Development Permit No. 2005 -004 and Mitigated
Negative Declaration (SCH No. 2005 - 071067); and
b. Introducing Ordinance No. 2005 -_ approving
Planned Community Development Plan No. 2005 -003,
and passing to second reading on December 13,
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 limit 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
14. PLANNING COMMISSION AGENDA FOR NOVEMBER 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.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
N. CONTINUED BUSINESS
15. BUILDING COMMITTEE'S RECOMMENDATIONS TO CITY COUNCIL AS
TO WHAT ACTIONS TO TAKE REGARDING THE CIVIC CENTER
PROJECT.
Action: 1)
Accept the Griffin Structures design development contract as
fulfilled.
2)
Form a City Hall Site Review Committee composed of from 7-
10 residents and two City Council ad hoc members to identify
and assess potential sites within the community for a city
hall, and submit a written report to the City Council with
recommendations as to the best site or sites for a City Hall.
The committee should be open to anyone willing to serve, but
it should be desirable that the committee's makeup include
residents who are knowledgeable about real estate and real
estate conditions in Newport Beach.
3)
Form a Facilities Finance Review Committee composed of
from 7 -10 residents and two City Council ad hoc members to
review the 15 future facility needs of the City and assess the
City's ability to best pay for those facilities. The committee
should make recommendations to the City Council as to how
best to plan to finance these needs. The committee should be
open to anyone willing to serve, but it would be desirable that
the committee contain some residents who are knowledgeable
regarding the financing of major improvements or projects.
4)
The Building Committee recommends these committee be
advertised and appointments be made at the January 10,
2006 meeting, with the intent the committees report back
their findings no later than June 15, 2006. The Committee
recognizes these two committees would require substantial
staff support; however, it thinks this work is of a priority that
staff needs to be made available so the deadlines for the
committees can be met.
OR
5) Should the City Council want to initiate the civic center
project's financing process, the financing team should move
forward with obtaining the City's bond rating from bond
rating agencies and obtaining quotes from bond insurance
companies. The lowest quote will provide the information
necessary to determine whether purchasing insurance proves
to be cost effective with the COP issuance. Bond documents
will be prepared the brought back to the City Council for final
approval, along with the updated bond issuance and interest
rate information.
6) Defer any relocation decision until the City Council meeting
of December 131h, at which time the relocation options and
costs will be provided in detail.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
O. CURRENT BUSINESS
16. NAMING OF PARK LOCATED AT MESA DRIVE AND BIRCH STREET.
Action: Consider naming the park located at Mesa Drive and Birch Street
from one of the following three suggestions made by the Parks,
Beaches and Recreation Commission: Bay View Heights Park, Santa
Ana Heights Park or Upper Bay Park.
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 — 7:00 p.m., Tuesday, November 29, 2005
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS