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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, May 9, 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 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. I£ you do fill out the card please place it in the box at the podium. PUBLIC HEARING: I£ 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. I£ 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. NBW AD � 6a (in 7�irouq�i �{ NEWPORT BEACH 1906 -2006 �/ NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD May 9, 2006 STUDY SESSION — 4:00 p.m. CLOSED SESSION — [Refer to separate agenda from City Attorney] RECESS +t,r,rx,rx,t,r,r:r +x,r,tx k,r,r A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C. CLOSED SESSION REPORT (if annlicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION — Reverend Dr. Dennis Short, Harbor Christian Church and President of Newport- Mesa - Irvine Interfaith Council F. PRESENTATIONS California Building Safety Week Proclamation Relay for Life Proclamation Poppy Week Proclamation 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. Speakers must limit comments to five minutes on agenda items. The Council has the discretion to extend or shorten the time limit on agenda or non- agenda items. 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. RED LIGHT WILL SIGNIFY WHEN SPEAKERS TIME LIMIT IS UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. I. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 74) 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 item: 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 APRIL 25, 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 INTRODUCTION 3. CONTINUOUS UTILITY SERVICE AGREEMENTS. Introduce Ordinance No. 2006 amending Section 14.12.140 of the NBMC authorizing continuous service agreements for water and sewer customers. ORDINANCES FOR ADOPTION 4. AMENDMENT TO THE 1997 UNIFORM ADMINISTRATIVE CODE ESTABLISHING A JOINT BUILDING AND FIRE CODE APPEALS BOARD. Adopt Ordinance No. 2006 -11. 5. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 1.35 TO THE NBMC ]LIMITING THE USE OF THE CITY S POWER OF EMINENT DOMAIN. Adopt, Ordinance No. 2006 -12. RESOLUTION FOR ADOPTION 6. RENEWED MEASURE M TRANSPORTATION INVESTMENT PLAN. Adopt Resolution No. 2006 -_ approving the Transportation investment Plan to be submitted to the voters in November 2006. CONTRACTS AND AGREEMENTS MARINERS LIBRARY LEFT TURN LANE -- COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3830). 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. 8. MARINERS, CHINA COVE AND 62ND STREET WASTEWATER PUMP STATION REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3585). 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. CONTRACT WITH OMTS FOR ORGANIZATIONAL REVIEW OF THE UTILITIES DEPARTMENT. 1) Authorize the City Manager to sign a professional services agreement with OMTS in an amount not to exceed $60,000 (includes base contract of $56,430 with a 5% contingency if authorized by the City Manager) to perform an organizational review of the Utilities Department; and 2) approve a budget amendment (06BA -066) in the amount of $'60,000 (from water and wastewater enterprise system reserves to Utilities' professional and technical services account). 10. BIG CANYON CREEK RESTORATION PROJECT - PHASE II. Authorize the Mayor to sign a professional services agreement with WRC Consulting Services in an amount not to exceed $735,000 (includes a 5% contingency) to conduct design, engineering, permitting, and the preparation of construction documents for the Big Canyon Creek Restoration Project. 11. SANTA ANA HEIGHTS EQUESTRIAN FACILITY — CONTRACT FOR PLANNING AND ENVIRONMENTAL SERVICES AND FUNDING AGREEMENT. 1) Authorize the City Manager to execute an Agreement with Orange County or the Orange County Development Agency to allow the City to manage the construction of an equestrian facility in Santa Ana Heights; and 2) authorize the Mayor to sign a Professional Services Agreement with Keeton Kreitzer Consulting in an amount not to exceed $41,300 (includes a 5% contingency) to conduct environmental consulting services for the Santa Ana Heights equestrian facility. MISCELLANEOUS 12. PROPOSED CITY COUNCIL POLICY B -17 /PARKS, FACILITIES AND RECREATION PROGRAM DONATIONS (contd. from 4/25/06). Approve proposed City Council Policy B -17, combining all parks, public improvement, facilities and recreation program donations into one citywide donation policy, as recommended by the Parks, Beaches and Recreation Commission, and subsequently delete current City Council Policy G -5. 13. AMENDMENT TO COUNCIL POLICY F -14 (SERVICE CONTRACTS). Adopt Resolution No. 2006 amending Council Policy F -14. 14. COUNCIL CONSIDERATION TO FORM A COMMITTEE TO STUDY APPROPRIATE WAYS TO HONOR THE FALLEN FROM THE 1sT MARINE BATTALION 1ST MARINE DIVISION OF CAMP PENDLETON. Form a committee with the following make -up: one (1) City Council member, three (3) members from the existing 1/1 Committee, two (2) members from the Parks, Beaches & Recreation Commission, two (2) members of the Arts Commission and one (1) City staff member. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR K. PUBLIC HEARINGS 15. PENDRAGON NORTH AMERICA AUTOMOTIVE INC. (LAND ROVER NEWPORT BEACH SERVICE CENTER — 2101 DOVE STREET). Action: 1) Conduct public hearing; and 2) Approve the request by adopting Resolution No. 2006 for General Plan Amendment No. 2004 -009, Use Permit No. 2004 -043, Traffic Study No. 2005 -006 and Mitigated Negative Declaration (SCH No. 2006 - 021036) and introducing Ordinance No. 2006 -_ for Code Amendment No. 2004 -012, and passing to second reading on May 23, 2006. 16. REVIEW OF THE COMMUNITY DEVELOPMENT :BLOCK GRANT (CDBG) FISCAL YEAR 2006 -2007 ONE -YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Action: 1) Hold a public hearing to receive comments on the 2006 -2007 CDBG Action Plan; 2) Approve the 2006 -2007 CDBG Action Plan; 3) Authorize the City Manager or his designee to execute the FY 2006 -2007 CDBG Program Grant Agreement and all related documents on behalf of the City; and 4) Adopt Resolution No. 2006 -_ authorizing the City Manager to submit the FY 2006 -2007 application for CDBG funds and One -Year Action Plan to HUD. 17. GENERAL PLAN UPDATE: LAND USE AND CIRCULATION ELEMENTS, IMPLEMENTATION PROGRAM AND DRAFT EN171RONMENTAL IMPACT REPORT. Action: 1) Receive public comments on the referenced elements and Implementation Program of the Draft General Plan and Draft Environmental Impact Report (EIR); 2) Provide direction to staff on revisions to the referenced elements of the Draft General Plan; and 3) Continue public hearing to May 23, 2006. L. 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. Al N In 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 — 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 is. PLANNING COMMISSION AGENDA FOR MAY 4, 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. CURRENT BUSINESS 19. SANTA ANA HEIGHTS FIRE STATION AND TRAINING CENTER (C- 3626). Action: 1) Approve the plans and specifications; 2) Affirm the categorical exemption from provisions of the California Environmental Quality Act (CEQA); 3) Approve a budget amendment (06BA -067) appropriating $4,542,397 from the General Fund Capital Improvement Reserves to account 7456- C2320669 representing the General Fund contribution to the project; 4) Award the contract to Bernards Bros., Inc. for the total bid price of $6,495,000 and authorize the Mayor and the City Clerk to execute the contract; 5) Establish an amount of $650,000 to cover the cost of testing, unforeseen work and permits and. an amount of $227,397 for construction management by GKIi: Works; and 6) Direct the City Manager to ensure that the General Fund contribution to this project is reimbursed by funds from the Santa Ana Heights redevelopment project area as soon as practicable. 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 10