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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, January 10, 2006 Regular Council Meeting - 7:00 p.m. DON WEBB MAYOR STEVEN ROSANSKY EDWARD D. SELICH Mayor Pro Tern TOD W. RIDGEWAY Council Member LESLIE J. DAIGLE Council Member Council Member RICHARD A. NICHOLS Council Member JOHN HEFFERNAN 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. NBOO ��ee '1I r►' Sai(in NEWPORT BEACH 1906 -2006 s NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD January 10, 2006 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 - Rabbi Marc Rubenstein, Temple Isaiah F. PRESENTATIONS Grand Jury Presentation - Judge Peter J. Polos (contd. from 12/13/05). Proclamation for Tom Grogg - Designer of the Centennial Colored Logo. Proclamation recognizing Sergeant Major Rafael A. Ventura. Proclamation for State Winning Corona del Mar High School Cross Country Team 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 -17) 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 box provided at the podium. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING OF DECEMBER 7, 2005, AND THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF DECEMBER 13, 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. AMENDING NEWPORT BEACH MUNICIPAL CODE 10.50.020, OFFENSES AND NUISANCES TO ADDRESS PROPERTY MAINTENANCE STANDARDS. Adopt Ordinance No. 2005 -22. RESOLUTIONS FOR ADOPTION 4. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2006 UNDER THE CITY S CONFLICT OF INTEREST CODE. Adopt Resolution No. 2006 -_ adopting the 2006 Designated Employees List. CONTRACTS AND AGREEMENTS 5. 44TH STREET TIDE VALVE REPLACEMENT - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3717). 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; 4) release the Faithful Performance Bond one (1) year after Council acceptance; and 5) approve the appropriation of $58,000 to the Tidal Valve Replacement Program (Account No. 7231 - C3170722) from Tidelands unappropriated surplus fund balance. 6. BALBOA ISLAND BAYFRONT REPAIRS - REJECT ALL BIDS FOR CONTRACT (C- 3796). Reject all bids received for C -3796 and authorize staff to re- evaluate the scope of work and re- advertise the project at a later date. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 7. NEWPORT SHORES PAVEMENT REHABILITATION - AWARD OF CONTRACT (C- 3721). 1) Approve the plans and specifications; 2) award the contract (C -3721) to Excel Paving Company for the total bid price of $1,486,938 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $100,000 to cover the cost of unforeseen work; and 4) approve budget amendment (06BA -034) transferring $27,000 from the Sewer :Main Account (7531 - 05600292), $37,000 from the Water Main Account (7501- C5500074), $230,000 from the Newport Heights, Cliffhaven and Seawind Account (7281- C5100782), and $144,500 from the Gas Tax Street and Bikeway Improvement Account (7181 - 05100302), and increasing revenue estimates and expenditure appropriations by $254,638 in the Traffic Congestion Account (7191- C5100769). 8. WEST NEWPORT & MARINE AVENUE STREET LIGHT REPLACEMENT - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3697). 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. PROFESSIONAL SERVICES AGREEMENT WITH HOGLE- IRELAND, INC. FOR EVALUATION OF DEVELOPMENT REVIEW AND PLAN CHECK PROCESS. 1) Approve a budget amendment (06BA -040) transferring $40,000 from unappropriated general fund reserve to the City Manager's professional and technical services account, 0310 -8080; and 2) approve the Professional Services Agreement with Hogle- Ireland, Inc., and authorize the Mayor and City Clerk to execute the agreement. 10. TEMPORARY EMPLOYMENT AGREEMENT WITH LAURA LEVIN. 1) Approve Temporary Employment Agreement with Laura Levin and authorize the Mayor and the City Clerk to execute the Agreement; and 2) approve payment of services from the Professional and Technical Services Account No. 2710 -8080 through the term of the agreement ending June 30, 2006. 11. APPROVAL OF DONOR AGREEMENT TO INCLUDE NAMING RIGHTS FOR NEWPORT CENTER PARK AND FUNDING PARK CONSTRUCTION SHORTFALL (contd. from 12/13/05). Continue to a future meeting. MISCELLANEOUS ACTIONS 12. ACCEPTANCE OF U.S. DEPARTMENT OF JUSTICE COPS 2005 TECHNOLOGY GRANT. 1) Accept for administrative purposes, the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) 2005 Technology Grant Award in the total amount of $246,661 for the Orange County Integrated Law and Justice Project; 2) approve a budget amendment (06BA -036) increasing revenue account 1620 -4824 and expenditure account 7017- CI820882 by $246,661 to facilitate the administration of these grant funds on behalf of all municipal police departments and the Sheriffs Department in Orange County; and 3) authorize the City Manager and the Chief of Police to sign the Grant Document accepting the Grant Award. 13. ADOPTION OF STANDARDS FOR INSTALLING DETECTABLE WARNING SURFACES FOR CURB ACCESS RAMP CONSTRUCTION WITHIN THE PUBLIC RIGHT -OF -WAY. Adopt the updated Curb Access Ramp Standard Plan 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Nos. STD - 181 -L -A, STD - 181 -L -B, STD - 181 -L -C, and the new STD - 181 -L -D to include State of California Department of Transportation Standards relating to the installation of curb ramp detectable surfaces, more commonly known as raised truncated domes. 14. 2006 JUNIOR LIFEGUARD PROGRAM. 1) Approve the two four -week City of Newport Beach Junior Lifeguard Program; and 2) approve a budget amendment (06BA -041) to establish new revenue and expenditure amounts to support the new program design. 15. ACCEPT DONATED FUNDS AND PURCHASE A VAN FOR THE POLICE EXPLORER PROGRAM. 1) Accept donation to the Police Equipment Fund for the purchase of a 15- passenger, 2006 Chevrolet van as a City vehicle to be utilized by the Police Explorer Scout Program; 2) approve the purchase of the vehicle; and 3) approve a budget amendment (06BA -038) increasing revenue estimates and expenditure appropriations by $33,000 related to the above - referenced donation. 16. APPROVAL FOR THE PURCHASE OF SELF CHECK -OUT EQUIPMENT FOR THE CENTRAL LIBRARY. Approve the purchase and installation of three (3) self check -out units from Libramation for the Central Library in the amount of $43,247. 17. COMMENTS ON DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) FOR IRWD'S MICHELSON RECLAMATION PLANT PHASE 2 AND 3 CAPACITY EXPANSION PROJECT. Approve and authorize the Mayor to sign comment letter. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 18. BAYSIDE RESIDENTIAL PLANNED COMMUNITY - 919 BAYSIDE DRIVE (PA2004 -072) (contd. from 12/13/05). Action: Review the draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, the Code Amendment, the Tentative Tract Map, and the Coastal Residential Development Permit, receive public comments; and 1) Adopt Resolution No. 2006 adopting Mitigated Negative Declaration (SCH No. 2005- 061019) and Mitigation Monitoring and Reporting Program, approving Tentative Tract Map 2004 -001 (Tract 15323), and approving Coastal Residential Development Permit No. 2005 -001 for property located at 919 Bayside Drive; and 2) Introduce Ordinance No. 2006 -` approving Code Amendment No. 2005 -07 and adopting the Bayside Residential Planned Community, and pass to second reading on January 24, 2006. 19. SANTA BARBARA CONDOMINIUMS - 900 NEWPORT CENTER DRIVE (PA2004 -169) (LENNAR HOMES) (contd. from 11/22/05 & 12/13/05). 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Action: 1) Conduct continued public hearing; and 2) Approve the request by: a. Adopting Resolution No. 2006 -_ 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. 2006 -_ approving Planned Community Development Plan No. 2005 -003, and passing to second reading on January 24, 2006. 20. CORPORATE PLAZA WEST, PHASE 2 (PA2005 -042); PLANNED COMMUNITY AMENDMENT NO. 2005 -001 & TRAFFIC STUDY NO. 2005 -004 - 1200 -1400 NEWPORT CENTER DRIVE (CORPORATE PLAZA WEST) - 101- 1199 NEWPORT CENTER ROAD (FASHION ISLAND). Action: 1) Conduct public hearing; and 2) Approve the requested application by adopting Resolution No. 2006 -_ and introducing Ordinance No. 2006 -_ and pass to second reading on January 24, 2006- 21. MASTER FEE RESOLUTION. Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 2006 -_ updating the Master Fee Schedule. K. PUBLIC COMMENTS Public Comments are inuited 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. 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 Council/Citizens Ad Hoc Committee for Marina Park Planning Status report - City Council Ad Hoc Marina Park Advisory Committee Status report - Other Committee Activities SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 22. PLANNING COMMISSION AGENDA FOR JANUARY 5, 2006. 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. N. CONTINUED BUSINESS 23. UNSCHEDULED VACANCY ON THE CIVIL SERVICE BOARD. Action: Appoint one of the three nominees (Douglas Coulter, Richard Goul and Albert Graham) to fill the vacancy on the Civil Service Board, which was created as a result of the death of Robert Badham. 24. COUNCIL DECISION ON WHAT PROCESS TO UTILIZE TO APPOINT MEMBERS TO THE CITY HALL SITE REVIEW COMMITTEE AND THE FACILITIES FINANCE REVIEW COMMITTEE. Action: Have the Mayor appoint a three (3) member City Council Committee to review the applications and recommend appointments to both committees to the full City Council at the January 246 regular meeting. O. CURRENT BUSINESS 25. ESTABLISHING A COMMUNITY DISASTER PREPAREDNESS COORDINATOR PROGRAM. Action: Approve a budget amendment (06BA -039) in the amount of $55,590 to fund a Community Preparedness Coordinator position in the Fire Department beginning April, 2006. 26. PELICAN HILLS RESORT — PROPOSED ROAD CLOSURE AT PELICAN HILL ROAD SOUTH. Action: Direct staff to issue a Temporary Street Closure Permit to close Pelican Hill Road South during portions of the construction at the Pelican Hills Resort. 27. PELICAN HILL ROAD GOLF CART BRIDGE ENCROACHMENT AGREEMENT. Action: Approve an Encroachment Agreement with The Irvine Company for the construction and maintenance of the proposed golf cart bridge and appurtenances within the Pelican Hill Road public right -of -way and authorize the Mayor and the City Clerk to execute the Agreement. It SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 28. GENERAL PLAN UPDATE COMMITTEE RECOMMENDATION TO RECONSIDER THE ARTS AND CULTURAL RESOURCES AND HISTORIC RESOURCES OPTIONAL ELEMENTS. Action: Reconsider the inclusion of the optional Arts and Cultural Resources and Historic Resources Elements and give direction to the staff. 29. BUDGET AMENDMENT AND PROFESSIONAL SERVICES AGREEMENT WITH M4 STRATEGIES FOR A GENERAL PLAN UPDATE PUBLIC INFORMATION PROGRAM. Action: 1) Approve a budget amendment (06BA -037) transferring $508,000 from unappropriated general fund reserve to the City Manager's professional and technical services account, 0310 -8080; and 2) Approve a professional services agreement with M4 Strategies and authorize the Mayor and the City Clerk to execute it. 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 R SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA REGULAR MEETING January 10, 2006 CONTINUED BUSINESS S30. REJECTION AND DENIAL WITHOUT PREJUDICE OF AN APPLICATION TO TRANSFER ADELPHIA'S FRANCHISE TO EITHER TIME WARNER OR COMCAST. Action: Adopt Resolution No. 2006 -_ rejecting and denying without prejudice.