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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, March 28, 2006 Regular Council Meeting - 7:00 p.m. DON WEBB MAYOR STEVEN ROSANSKY EDWARD D. SELICH Mayor Pro Tern 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. NBOO 00 0% 6aifinj 7-firoalkA CAI NEWPORT BEACH 1906 -2006 NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD March 28, 2006 STUDY SESSION - 5:00 p.nL 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 - Marianne Scott, First Church of Christ Scientist F. PRESENTATIONS Newport Beach Ocean Sailing Association Presentation by Commodore Jane Benson Conference & Visitors Bureau Presentation of Check for Centennial Centennial Play Presentation G. NOTICE TO THE PUBLIC The City prouides 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. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1 - 19) 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 ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 14, 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 3. AMENDMENT TO TITLE 20 OF THE NBMC TO ADD A FIRE FACILITY ( "FF") OVERLAY DISTRICT TO THE SANTA ANA HEIGHTS SPECIFIC PLAN (PA2006 -033). Adopt Ordinance No. 2006 -9 approving Code Amendment 2006 -002 adding the Fire Facility ("FF ") Overlay District to the Santa Ana Heights Specific Plan text, and applying the overlay to the proposed fire station site. RESOLUTIONS FOR ADOPTION 4. RESOLUTION FORMING THE MEDIA & COMMUNICATIONS COMMITTEE, DISBANDING TWO AD HOC COMMITTEES, AND MAKING APPOINTMENTS TO THE MEDIA & COMMUNICATIONS COMMITTEE. 1) Adopt Resolution No. 2006 forming the Media & Communications Committee and disbanding both the Ad floc Telecommunications Committee and the Web Site Review Ad Hoc Committee; 2) approve the Mayor's appointments of Mayor Pro Tem Steven Rosansky and Council Members Leslie Daigle and Keith Curry to the Media & Communications Committee; 3) designate Council Member Daigle as the Chairperson of the Committee; and 4) approve the Mayor's appointment of citizen representatives Daniel Wampole and Don Boortz to the Committee. 5. RESOLUTION PARTICIPATING IN RESOURCE PLANNING FOR THE SANTA ANA RIVER PARKWAY. Adopt Resolution No. 2006 -_ accepting a grant and relating to planning for passive recreational activities and habitat protection in and adjacent to the Santa Ana River. 6. RESOLUTION DECLARING THAT LOCAL COASTAL PLAN AMENDMENT NOS. 2005 -001 AND 2006 -001 ARE INTENDED TO BE CARRIED OUT IN SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. FULL CONFORMANCE WITH THE CALIFORNIA COASTAL ACT. Adopt Resolution No. 2006- CONTRACTS AND AGREEMENTS RELEASE OF BOND FOR STERLING BMW ON AVON STREET ROADWAY EXTENSION IMPROVEMENTS. 1) Accept the public improvements constructed in conjunction with Parcel Map No. 2002 - 154; 2) authorize the City Clerk to release Faithful Performance Bond No. 9307867 in the amount of $15,000 for the Avon Street roadway extension public improvements; and 3) authorize a budget amendment (06BA -052) in the amount of $15,000 from the unappropriated Transportation and Circulation fund (260 -3605) to Account 7261- C5100697 to pay for the City's share of the Avon Street roadway extension work. 8. NEWPORT COAST FLOW AND WATER QUALITY ASSESSMENT - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS. 1) Approve a budget amendment (06BA -053) transferring $17,500 from the Newport Coast Watershed Program Groundwater Source Identification Account (7012- C5100810) to the Newport Coast Flow and Water Quality Assessment Account (7012- C5100779); 2) transferring $7,500 from the Morning Canyon Stabilization Project (7014- C5100805) to the Newport Coast Flow and Water Quality Assessment Account (7012- C5100779); 3) transferring $13,750 from the Unapppropriated General Fund reserves to the Newport Coast Flow and Water Quality Assessment Account (7012- C5100779); and 4) approve Amendment No. 1 to the Professional Services Agreement with Weston Solutions Inc. of Carlsbad at a not -to- exceed fee of $98,750 as outlined in the staff report and authorize the Mayor and the City Clerk to execute the agreement. 9. NEWPORT COAST GROUNDWATER SEEPAGE STUDY - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TODD ENGINEERS. Approve Amendment No. 1 to the Professional Services Agreement with Todd Engineers of Emeryville, CA for groundwater sampling and analysis services. 10. NEWPORT HEIGHTS, CLIFFHAVEN AND SEAWARD STREET REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3677). 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. 11. AWARD OF CONCESSION AT CORONA DEL MAR STATE BEACH. 1) Select Kilmer Enterprises, Inc. as the next concessionaire at CdM State Beach based on the proposal submitted by Kilmer in response to City's recent Request for Proposals for the CdM concessionaire; and 2) authorize the Mayor to execute a Concession Agreement based on the terms attached to the staff report. 12. APPROVAL OF THE PROFESSIONAL SERVICES AGREEMENT FOR HARBOR RESOURCES PROGRAM AND PROJECT SUPPORT WITH LARRY PAUL AND ASSOCIATES FOR $30,400. Approve a Professional Services Agreement with Larry Paul and Associates for $30,400 for the Professional Services Agreement term of March 28 to June 30, 2006. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 13. IRVINE AVENUE SIDEWALK AT SANTIAGO - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3715). 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 a budget amendment (06BA -055) transferring $14,500 from the Unappropriated Circulation and Transportation Fund to Irvine Santiago Sidewalk Construction Account (7261 - 05100792). MISCELLANEOUS 14. MARINER'S MILE B.O.A. TEMPORARY BANNERS FOR THE CITY CENTENNIAL; REQUEST FOR EXCEPTION FROM COUNCIL POLICY K -11. Approve request by the Mariner's Mile Business Owner's Association for an exception from the specific requirements of Council Policy K -11, to allow the group to obtain a temporary sign permit. 15. ASSESSMENT DISTRICT NO. 75 (BALBOA BUSINESS DISTRICT) - AUTHORIZE PAYMENT FOR ADDITIONAL PAVING. Authorize payment in the amount of $36,000 to Arizona Pipeline Company from the Assessment District No. 75 Construction Contingency Account, Account No. 74075 -9805, for unexpected concrete paving. 16. PURCHASE OF A VISION COVER -ALL DURAWEAVE FABRIC STRUCTURE. Approve the purchase of a Vision Cover -All Duraweave Fabric covered building in the amount of $27,675. 17. REVISIONS TO COUNCIL POLICY A -6, "OPEN MEETING POLICIES" AS IT PERTAINS TO THE ORDER OF BUSINESS FOR COUNCIL MEETINGS. Approve the revisions to Council Policy A -6. 18. COMMENTS ON THE WESTSIDE GENERAL PLAN AMENDMENT IN THE CITY OF COSTA MESA. Direct Staff to transmit comments to the City of Costa Mesa. 19. APPOINTMENTS BY THE MAYOR TO THE COUNCILICITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. Confirm the appointments outlined in the staff report. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 20. APPEAL OF STAFF DECISION OF DENIAL OF SPECIAL EVENT PERMIT APPLICATION FOR KRING & CHUNG TRIATHLON. Action: 1) Conduct appeal hearing; 2) Uphold staffs decision to deny Special Event Permit Application; OR SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 3) Overturn staffs decision to deny Special Event Permit Application and approve the permit application. K. 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. 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 21. PLANNING COMMISSION AGENDA FOR MARCH 23, 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. CURRENT BUSINESS 22. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH EIP ASSOCIATES FOR GENERAL PLAN UPDATE AND EIR AND BUDGET AMENDMENT. Action: 1) Approve the Second Amendment to Professional Services Agreement with EIP Associates augmenting the budget by $552,131, and authorize the Mayor and City Clerk to execute the agreement; and 2) Approve a budget amendment (06BA -054) transferring $552,131 from unappropriated General Fund reserve to General Plan Update account number 2710 -8293. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 23. MARINA PARK FUTURE USE SCENARIOS. Action: 1) Receive and file the Future Use Scenarios offered by the City Council /Citizens Advisory Committee on - Marina Park Planning; and 2) Offer further direction to City staff and /or the Committee as to further research, ideas or refinements to the Future Use Scenarios. O. ITEMS REMOVED FROM THE CONSENT CALENDAR P. 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. Q. ADJOURNMENT 11 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS