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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, December 13, 2005 Regular Council Meeting - 7:00 p.m. JOHN HEFFERNAN MAYOR DON WEBB Mayor Pro Tem 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 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. NA'Sift NEWPORT BEACH 1906 -2006 NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD December 13, 2005 STUDY SESSION - 5:00 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 Karl Stuckenberg, Newport Center United Methodist Church F. PRESENTATIONS Grand Jury Presentation - Judge Peter J. Polos Presentation of Check from the Newport Beach Library Foundation Taste of Newport Grant Program G. REORGANIZATION 1. ELECTION OF MAYOR. The City Clerk presides for the election of the Mayor. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: 1) Conduct oral nominations for Mayor and conduct election by roll call vote. 3) New Mayor announced by the City Clerk. 3) Mayor takes proper place at Council table. 2. ELECTION OF MAYOR PRO TEM. The Mayor presides for the election of the Mayor Pro Tem. The Mayor, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: 1) Conduct oral nominations for Mayor Pro Tem and conduct election by roll call vote. 1 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. 2) New Mayor Pro Tern announced by the City Clerk. 3) Mayor Pro Tern takes proper place at Council dais. 3. SEATING ARRANGEMENTS FOR CITY COUNCIL. Action: Council decides on seating arrangement of Council dais. (Senior Council Members having first preference). 4. REMARKS. Action: 1) Outgoing Mayor's remarks. 2) New Mayor's remarks. H. NOTICE TO THE PUBLIC The Citv provides a vellow 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 courtesv, please turn cell phones and pagers off or set them in the silent mode. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): J. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (5 -SS) are considered by the Council to be routine and will all be enacted by one motion in the form listed below:. The City Council Menbers have received detailed staff reports on each of the items recommending art action. There u:ill be no separate discussion of these items prior to the title the Council votes on the motion unless members of the Council, staff or the public request specific items to be discussed and/or removed front the Consent Calendar for separate action. !Members of the public who wish to discuss a Consent Calendar itent should come forward to the lectern upon inm:tation 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 podiunt. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 5. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF NOVEMBER 22, 2005 AND ADJOURNED REGULAR MEETING OF NOVEMBER 29, 2005. Waive reading of subject minutes, approve as written and order filed. 6. 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 INTRODUCTION AMENDING NEWPORT BEACH MUNICIPAL CODE 10.50.020, OFFENSES AND NUISANCES TO ADDRESS PROPERTY MAINTENANCE STANDARDS. Introduce Ordinance No. 2005 and pass to second reading on January 10, 2006. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. ORDINANCES FOR ADOPTION 8. ORDINANCE EXTENDING NON - EXCLUSIVE SOLID WASTE FRANCHISES WITH FRANCHISED SOLID WASTE ENTERPRISES AND APPROVAL OF ASSIGNMENT TO USA WASTE OF CALIFORNIA. Adopt Ordinance No. 2005- 20. 9. MODIFICATION OF NBMC SECTION 14.24.020 - DWELLING UNIT AND BUSINESS STRUCTURE SEWER CONNECTION. Adopt Ordinance No. 2005- 21. RESOLUTIONS FOR ADOPTION 10. RESOLUTION RELATING TO EXECUTING A PROPOSITION 40 PHASE II GRANT AGREEMENT WITH THE STATE WATER RESOURCES CONTROL BOARD. Adopt Resolution No. 2005 -_ authorizing the City to execute an agreement with the State Water Resources Control Board under the Proposition 40 Phase II - Watershed, Clean Beaches and Water Quality Act. CONTRACTS AND AGREEMENTS 11. CONTRACTS AND RELATED DOCUMENTS INITIATING VENDOR SUPPORT OF RETIREE MEDICAL PROGRAM. 1) Approve the Group Funding Agreement (Contract) (and related Plan Sponsor Submission Information) with ING Life Insurance and Annuity Company, the Investment Manager; 3) approve the Trust Agreement with ING National Trust, the Trustee; 3) approve the Administrative Services Agreement (Contract) with Administrative Resources Corporation (ARC), the Plan Supervisor; 4) approve the Basic Plan Document and related Adoption Agreement; 5) authorize the City Manager to sign the above documentation on the City's behalf; 6) appoint the Administrative Services Director (Chair), Human Resources Director (Vice Chair), Assistant City Manager, and Deputy Administrative Services Director as members of the City's Retiree Medical and Deferred Compensation Committee; and 7) authorize a budget amendment (06BA -032) appropriating $75,000 from unappropriated General Fund Balance to Account Numbers 0510 -8080 ($15,000) and 6310 -8075 ($60,000). 12. 2005 -2006 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM - AWARD OF CONTRACT (C- 3789). 1) Approve the plans and specifications; 2) award the contract (C -3789) to C.S. Legacy Construction, Inc. for the total bid price of $590,443 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $59,044 to cover the cost of unforeseen work; and 4) approve a budget amendment (06BA -030) appropriating $57,000 from the General Fund Operating Budget Account No. 3130 -8036 (:Maintenance East Coast Highway) to Account No. 7013 - 03140850, and appropriating $62,000 from the General Fund Operating Budget Account No. 3130 -8239 (Concrete Maintenance) to Account No. 7013 - 05100020, 13. DIGITAL ORTHOPHOTOGRAPHY AND TWO -FOOT CONTOUR SERVICES - APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH MERRICK & COMPANY. Approve a Professional Services Agreement with Merrick & Company for services to produce digital orthophotography and two -foot contours at a proposed cost of $148,566. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 14. IRVINE TERRACE WATER VALVE, OCEAN VISTA AND ORANGE STREET WATER 'MAIN REPLACEMENTS — AWARD OF CONTRACT (C- 3643). 1) Approve the plans and specifications; 2) award the contract (63643) to John T. Malloy for the total bid price of $671,300 and authorize the Mayor and the City Clerk to execute the contract: and 3) establish an amount of $100,000 to cover the cost of unforeseen work. 15. MEMORANDUM OF UNDERSTANDING (MOU) WITH '_MARINE SAFETY OFFICERS ASSOCIATION. Approve the MOU with the Marine Safety Officers Association (MSOU) for the eighteen month period of January 2005 through June 2006. 16. SUPPLEMENTAL MEMORANDA OF UNDERSTANDING WITH NON - SAFETY EMPLOYEE ASSOCIATIONS TO IMPLEMENT RETIREE MEDICAL PROGRAM AND ESTABLISH BI- LINGUAL PAY. Approve Supplemental :Memoranda of Understanding (SMOUSs) with the following employee associations: City Employees Association, Employees League and Professional and Technical Employees Association. MISCELLANEOUS ACTIONS 17. UNSCHEDULED VACANCY ON THE CIVIL SERVICE BOARD. Confirm the nominations (Douglas Coulter. Richard Gaul & Albert Graham) made by the Ad Hoc Appointments Committee to fill the unscheduled vacancy as a result of the death of Robert Badham. 18. APPROVE PURCHASE OF MOBILE DATA COMPUTERS FOR POLICE PATROL VEHICLES. 1) Approve purchase of 35 replacement mobile data computers for use in marked police vehicles used by sworn police personnel from Dell Computer Corporation for $223,620.03 from existing budget appropriations; 2) approve purchase of 31 replacement mobile data computer mounts and related electronic equipment consoles for use in marked police vehicles used by sworn police personnel from Dell Computer Corporation for $32,163 from existing budget appropriations; and 3) approve purchase of retrofit services to remove /install computer mounting equipment and consoles from Computer Deductions Incorporated (CDI) for $15,000 from existing budget appropriations. 19. APPROVAL FOR THE INSTALLATION OF CARPET AT THE CENTRAL LIBRARY. 1) Approve the purchase and installation of new carpet at the Central Library by C &A Floorings in the amount of $255,113.27 from C. &A Floor Coverings; and 2) approve a budget amendment (06BA -031) in the amount of $15,113.27 from the unappropriated balance of the General Fund to Account No. 7019- C4050821. 20. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY2005/06. Approve a budget amendment (06BA -039) to increase revenue estimates by $81,900 in Account No. 4010 -5893 and increase maintenance & operation expenditure estimate, by the same amount in Division 4090. Foundation. 21. DEVELOPMENT OF AN AUGMENTED PUBLIC OUTREACH PROGRAM FOR THE PROPOSED GENERAL PLAN. Information only — no action required. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 22. NAMING OF PARK LOCATED AT MESA DRIVE AND BIRCH STREET (contd. from 11/22/05). Continue this item to a future City Council meeting, date to be determined. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. K. PUBLIC HEARINGS 23. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL: RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR THE SHORTENED 2006 FISCAL YEAR. Action: 1) Hold public hearing regarding the renewal of the 'Marine Avenue 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 2006 short fiscal year; OR b. If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the district. 24. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR A SHORTENED FISCAL YEAR 2006. Action: 1) Hold public hearing regarding the renewal of the Restaurant Association Business Improvement District: and 2) a. If protests represent less than 50 percent of the total assessment amount adopt Resolution No. 3005 confirming the levy of the BID assessment for the 2006 shortened fiscal year; OR b. If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the district. 25. 2005 UPDATE TO THE CITY OF NEWPORT BEACH URBAN WATER MANAGEMENT PLAN. Action: 1) Conduct a public hearing on the City's urban Water Management Plan; and 2) Adopt Resolution No. 2005 -_, which adopts the updated 2005 Urban Water Management Plan. 26. COUNCIL ESTABLISHMENT OF A CITY HALL SITE REVIEW COMMITTEE AND A FACILITIES FINANCE REVIEW COMMITTEE. ESTABLISHMENT OF GUIDELINES FOR BOTH COMMITTEES, INCLUDING THE NEWPORT VILLAGE SITE AS A POTENTIAL CITY HALL SITE AND ESTABLISHMENT OF A PROCESS TO ACCEPT COMMITTEE APPLICATIONS. 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Action: 1) Establish the two committees and the guidelines for the committees to function, making changes to the recommendations as Council sees fit; 2) Include the Newport Village site as a potential city hall site for consideration: and 3) Advertise that City Council is accepting applications for these committees until noon, January 6. 2006, with the intention of appointments being made at the January 24th regular City Council meeting. 27. BAYSIDE RESIDENTIAL PLANNED COMMUNITY - 919 BAYSIDE DRIVE (PA2004 -072). Action: 1) Open public hearing: and 2) Continue public hearing to January 10, 2006. 28. SANTA BARBARA CONDOMINIUMS - 900 NEWPORT CENTER DRIVE (PA2004 -169) (LENNAR HOMES) (contd. from 11/22/05). 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 January 10, 2006. 29. COASTAL LAND USE PLAN. Action: 1) Conduct public hearing: and 2) Adopt Resolution No. 2005 -_ adopting the Coastal Land L "se Plan with the modifications approved by the Coastal Commission (Exhibits 1 ad 2). L. PUBLIC COMMENTS Public Comments are invited on non - agenda i.tents generally considered to be within the subject matter jurisdiction. of the Council Council -- Speakers must limit comments to 3- minutes. Before speaking, please state Tour nome for the record. M. 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 30. PLANNING COMMISSION AGENDA FOR DECEMBER 8,2005. 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. O. CURRENT BUSINESS 31. APPROVAL OF DONOR AGREEMENT TO INCLUDE NAMING RIGHTS FOR NEWPORT CENTER PARK AND FUNDING PARK CONSTRUCTION SHORTFALL. Action: 1) Approve the donor agreement for $1,200,000 for the development of the park in exchange for naming rights; and 2) Fund the project shortfall out of the special CIP fund. 32. COUNCIL CONSIDERATION OF AMENDMENT TO LEXUS SALES TAX SHARING AGREEMENT TO REIMBURSE LEXUS FOR FEES PAID TO CITY FOR ITS PROFIT. Action: 1) Amend the previous sales tax sharing agreement with David Wilson to allow the recovery of fees to be paid to the City for the processing of this project. 2) Direct staff to prepare the amendment to the agreement which incorporates the reimbursement of project fees to be paid to the City in the amount of $843,544.44 as a part of the previous sales tax sharing agreement and have that agreement reviewed by Council Members Heffernan and Rosansky prior to being finalized. Authorize the City Manager to execute the amendment upon approval of Council Members Heffernan and Rosansky and the City Attorney. 33. ACCEPTANCES OF UP TO SEVENTEEN (17) OFFERS TO DEDICATE ( "OTDs ") EASEMENTS FOR COASTAL ACCESS. Action: Adopt Resolution No. 2005_ accepting certain easements (up to 17) providing public access to the shoreline in and around :Newport Bay. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 precuiling side. R. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.