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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, February 14, 2006 Regular Council Meeting - 7:00 p.m. DON WEBB MAYOR STEVEN ROSANSKY EDWARD D. SELICH Mayor Pro Tem Council Member TOD W. RIDGEWAY Council Member LESLIE J. DAIGLE Council Member RICHARD A. NICHOLS Council Member KEITH D. CURRY 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. NBW1 Ow 0 • saifins 7- 6roui6 A OR NEWPORT BEACH 1906-2006 NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD February 14, 2006 STUDY SESSION - 5:00 p.pn CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS CTTTTTTTTTTTTT.T.T.T.T.T.� 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 - Dr. John A. Huffman, Jr., St. Andrews Presbyterian Church F. PRESENTATIONS 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): � 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. I. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1 - 6) 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 ADJOURNED REGULAR MEETING AND REGULAR MEETING OF JANUARY 24, 2006 AND ADJOURNED REGULAR MEETING OF JANUARY 31, 2006. 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 SEA LION RELATED ORDINANCES. 1) Adopt Ordinance No. 2006 -4 related to the feeding of non - domesticated animals; 2) and adopt Ordinance No. 2006 -5 related to vessel security on moorings and harbor structure security from sea lion boarding. CONTRACTS AND AGREEMENTS 4. BAY AVENUE AREA DRAINAGE IMPROVEMENTS — AWARD OF CONTRACT (C- 3695). 1) Approve the plans and specifications; 2) award the contract (C -3695) to Zusser Company, Inc. for the total bid price of $596,504.50 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $60,000 to cover the cost of unforeseen work and $5,000 for geotechnical services; and 4) approve a budget amendment (06BA -043) transferring $25,554 from the EIR/Preliminary Plans Gas Tax Account (7181- C5100070) to the Bay Avenue Drain and Street Rehabilitation Phase 2 Gas Tax Account (7181- C5100829). 5. MARINERS MILE STREET LIGHTING — APPROVAL OF COOPERATIVE AGREEMENTS WITH CALTRANS. 1) Approve a Contribution Agreement and a Maintenance Agreement with the State of California defining funding and maintenance responsibilities for concrete street lighting poles on Coast Highway between Dover Drive and Newport Boulevard; 2) approve use of Account No. 7013 - 05200880 Mariners Mile Street Lighting to fund the City's share of the FY 05/06 State contract project (the contract cost is established at $72,000) and 3) direct staff to submit a CIP project for FY 06/07 to fund the City's share of the FY 06/07 State contract project (the contract cost is established at $21,000). SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 6. TERMS AND CONDITIONS TO ACCEPT TITLE TO PARK PARCELS IN SANTA ANA HEIGHTS. Authorize City staff to prepare, and the Mayor to execute, a Property Disposition or similar Agreement between the City of Newport Beach and the Orange County Development Agency (OCDA) for specific parcels in Santa Ana Heights that would become the passive park at Mesa Drive and Birch Street. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 7. COMMERCIAL ACTIVITY REGULATION ON NEWPORT HARBOR - MUNICIPAL CODE CHAPTERS 5.18 AND 17.41. Action: Adopt Ordinance No. 2006 -3, regulating commercial activities on Newport Harbor and adopt Resolution No. 2006 updating the Master Fee Schedule to include the application fees for the new ordinance. 8. BAYSIDE RESIDENTIAL PLANNED COMMUNITY - 919 BAYSIDE DRIVE (PA2004 -072) (contd. from 12/13/05 & 1/10/06). 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 (PA2004 -072); and 2) Introduce Ordinance No. 2006 -_ approving Code Amendment No. 2005.07 and adopting Planned Community Text No. 54, and pass to second reading on February 28, 2006. 9. GENERAL PLAN AMENDMENT NO. 2006 -001; LOCAL COASTAL PROGRAM AMENDMENT NO. 2006 -001; AND CODE AMENDMENT NO. 2006 -001 — CALTRANS WEST PROPERTY, 4850 WEST COAST HIGHWAY (PA2006 -016). Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 2006 -_ approving General Plan Amendment No. 2006 -001 and Local Coastal Program Amendment No. 2006 -001 and introduce Ordinance No. 2006- _ approving Code Amendment No. 2006 -001 and pass to second reading on February 28, 2006. 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. 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 10. PLANNING COMMISSION AGENDA FOR FEBRUARY 9, 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 11. RESOLUTIONS ESTABLISHING TWO COMMITTEES — A CITY HALL SITE REVIEW COMMITTEE AND A FACILITIES FINANCING REVIEW COMMITTEE — TO ASSIST THE CITY COUNCIL IN DEALING WITH CITY HALL PROJECT ISSUES. Action: 1) Make any changes needed in order for the committees to operate within the operational frameworks desired by the City Council; 2) Adopt Resolution No. 2006 -_ establishing a City Hall Site Review Committee; and 3) Adopt Resolution No. 2006 -_ establishing a Facilities Finance Review Committee. 12. COUNCIL SELECTION OF REPLACEMENTS FOR DON DALIS AND KEITH CURRY ON THE FACILITIES FINANCING REVIEW COMMITTEE, SELECTION OF CHAIR TO REPLACE KEITH CURRY, AND RECONSIDERATION OF COUNCIL APPOINTMENTS TO THE COMMITTEE. Action: If it is the Council's desire to retain eleven (11) members on the Facilities Financing Review Committee, select replacements to fill the positions vacated by Don Dalis and Keith Curry, select a chairperson 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. to replace Keith Curry, and reconsider the Council appointments to the committee. O. CURRENT BUSINESS 13. PROPOSED MODIFICATIONS TO CITY MANAGER EMPLOYMENT AGREEMENT. Action: Adopt Resolution No. 2006 -_ entering into a two year employment agreement with the City Manager, which includes a 5% salary increase the first year, effective January 7, 2006, and a 4% salary increase the second year, effective January 6, 2007. 14. RESOLUTION OF APPLICATION TO REORGANIZE TERRITORY KNOWN AS WEST SANTA ANA HEIGHTS, THE EMERSON /CHURCHILL TRACT, AND THE CORPORATE YARD FUELING PARCEL. Action: Adopt Resolution No. 2006 -_ serving as the Resolution of Application to the Orange County Local Agency Formation Commission (LAFCO) regarding the reorganization of territory along the city's western boundaries (West Santa Ana Heights (Section A), the Emerson /Churchill Tract (Section D), and a portion of the General Services Department's Corporation Yard (Section E). 15. FORMATION OF THE NEWPORT BEACH /SANTA ANA HEIGHTS REDEVELOPMENT AGENCY. Action: Introduce Ordinance No. 2006 -_ and pass to second reading on February 28, 2006. 16. NEWPORT BEACH RESPONSE TO ONGOING RESIDENTIAL DEVELOPMENT IN THE IRVINE BUSINESS COMPLEX. Action: 1) Direct the City Attorney to utilize special counsel to review and prepare comments on draft EIRs for individual development projects in the IBC, follow up with review of responses to comments, and report back to the City Council, as well as continuing to pursue any environmental concerns raised during review of the negative declaration on the proposed overlay zone; and 2) Adopt Resolution No. 2006 -_ extending the term of the Newport Beach - Irvine Borders Committee, and direct the Committee to meet with Irvine City Council members to inform them of Newport Beach's concerns and potential actions by Newport Beach if full environmental review is not done. 17. TELECOMMUNICATIONS FACILITY PERMIT TP2005 -018 (PA2005 -244) — 20662 NEWPORT COAST DRIVE. Action: Approve Telecom Permit No. 2005 -018 subject to the findings and conditions of approval attached to the staff report. 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. P. ITEMS REMOVED FROM THE CONSENT CALENDAR i 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 6 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.