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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, July 25, 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. I£, 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 MAW ®r S'ai�rr rau ti .l Ceniu NEWPORT BEACH 1906-2006 y y.ay� NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD July 25, 2006 STUDY SESSION - 4:00 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 auplicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Rabbi Marc Rubenstein, Temple Isaiah F. PRESENTATIONS Tournament of Roses Presentation Proclamation Honoring Emily and David Anastos McFadden Square Legacy Project 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. Speakers must limit comments to flue 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. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1 - 13) 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 prooided of the podium. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL AND REGULAR MEETING OF JULY 11, 2006. Waive reading of subject minutes, approve as written and order filed. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct Cite Clerk to read by title onlv. ORDINANCE FOR ADOPTION 3. STEADFAST INVESTMENT PROPERTIES OFFICE EXPANSION; 4343 VON KARMAN AVENUE - PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2005 -005 (PA 2005 -293). Adopt Ordinance No. 2006 -19 for Planned Community Development Plan Amendment No. 2005 -005. RESOLUTIONS FOR ADOPTION 4. EXECUTION OF FY2005 HOMELAND SECURITY GRANT PROGRAMS TRANSFER AGREEMENT LETTER. Adopt. Resolution No. 2006 -_ authorizing the Police Chief, Fire Chief and City Manager to act as "Authorized Agents" to execute the necessary documents in conjunction with the agreement attached to the staff report. 5. ASSESSMENT DISTRICTS 70, 79 AND 86 SURPLUS DECLARATIONS. 1) Adopt Resolution Nos, 2006 -_, 2006 -_ and 2006 -_ declaring surplus amounts in Assessment Districts 70 Bay Shores, 79 Beacon Bay and 86 Peninsula Point; and 2) authorize the Administrative Services Director to choose an appropriate distribution method consistent with the 1913 Act on a parcel by parcel basis. 6. SUPPORT OF MEASURE M. Adopt Resolution No. 2006 -_ supporting the renewal of Measure M. 7. RESCISSION OF RESOLUTION NO. 99 -4, A PRIOR ACCEPTANCE OF THE DEDICATION OF BAYVIEW LANDING PARCELS A & B. Adopt Resolution No. 2006 -_ rescinding Resolution No. 99 -4. CONTRACTS AND AGREEMENTS S. AWARD CONTRACT ON BEHALF OF THE INTEGRATED LAW AND JUSTICE AGENCY OF ORANGE COUNTY FOR IMPLEMENTATION OF AN ENHANCED COUNTYWIDE SCHEDULING PROGRAM TO INTIME SOLUTIONS, INC. 1) Award a contract in the amount of $280,302 to provide implementation services and maintenance for an enhanced version of the current Countywide scheduling component of the Integrated Law and Justice Agency of Orange County (ILJAOC) Court Scheduling Project to InTime Solutions, Inc., the current scheduling vendor; and 2) authorize the Chief of Police, on behalf of the ILJAOC Joint Powers Authority (JPA) and the City of Newport Beach to execute a standard Professional Services Agreement contract with InTime Solutions, Inc. as approved by the City Attorney's office. 9. WASTEWATER MASTER PLAN — ACCEPTANCE OF ORANGE COUNTY SANITATION DISTRICT COOPERATIVE GRANT AND APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH AKM. 1) Accept a $322,710 cooperative grant from the Orange County Sanitation District for the preparation of a Sewer 'Master Plan and authorize the Mayor and City Clerk to execute the Cooperative Projects Grant Program contract; and 2) approve a Professional Services Agreement with AI,[M Consulting Engineers for the preparation of the Sewer Master Plan for a not -to- exceed fee of $632,776. MISCELLANEOUS 10. PURCHASE OF A RESCUE BOAT FOR THE FIRE DEPARTMENT. 1) Approve the purchase of a rescue boat from the Crystaliner Corporation of Costa Mesa, for the price of $317,862.50; and 2) approve a budget amendment (07BA -001) for the transfer of $17,962.50 in unappropriated revenues from the Internal Services Fund to Account 6120 -9100 to purchase the vessel. 11. PLANNING COMMISSION SCHEDULED VACANCY - CONFIRMATION OF NOMINEES. Confirm the nominations made by the Ad Hoc Appointments Committee. 12. UNSCHEDULED VACANCY ON THE BOARD OF LIBRARY TRUSTEES — CONFIRMATION OF NOMINEES. Confirm the nominations made by the Ad Hoc Appointments Committee to fill the unscheduled vacancy as a result of the resignation of Harry Hamilton. 13. APPOINTMENT OF ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC) CHAIRPERSON. Confirm the Mayors appointment of Kenneth Drellishak. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR 3 K. PUBLIC HEARINGS 14. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO NEWPORT COAST DEMOLITION. Action: 1) Conduct public hearing; and 2) Adopt Ordinance No. 2006 -17 granting a Non - exclusive Solid Waste Franchise to Newport Coast Demolition. 15. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO INTERIOR REMOVAL SPECIALIST, INC. Action: 1) Conduct public hearing; and 2) Adopt Ordinance No. 2006 -18 granting a Non- exclusive Solid Waste Franchise to Interior Removal Specialist, Inc. 16. CABLE TELEVISION: ORDINANCE ADOPTING A FRANCHISE AGREEMENT WITH COX COMMUNICATIONS. Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2006 -_ relating to the adoption of a Cable Communications Franchise Agreement with Cox Communications; and 3) Pass to second reading on August 8, 2006. 17. CITY COUNCIL AIRPORT POLICY. Action: Adopt the revised Airport Policy. 18. GENERAL PLAN UPDATE: FINAL ENVIRONMENTAL IMPACT REPORT (EIR) AND ALL ELEMENTS. Action: 1) Receive public comments on the Final EIR and final draft of the General Plan; 2) Adopt Resolution No. 2006 -_ certifying the EIR; and 3) Adopt Resolution No. 2006 - approving the General Plan. 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. 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 Status report — City Centennial 2006 Committee Status report — City Council /Citizens Ad Hoc Committee for Marina Park Planning 4 N. Ce7 W Status report — City Council Ad Hoc Marina Park Advisory Committee Status report — Other Committee Activities PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 19. PLANNING COMMISSION AGENDA FOR JULY 20, 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. CONTINUED BUSINESS 20. STAFF ASSESSMENT OF THE AVOCADO SITE AS A CITY HALL SITE, IMPLICATIONS FOR THE CURRENT CITY HALL SITE, AND WHETHER TO MAKE THE AVOCADO SITE THE SUBJECT OF A NOVEMBER BALLOT MEASURE. Action: Hear presentations on the report, discuss the issues and decide whether a ballot measure on a city hall site location is something the City Council wants staff to prepare. CURRENT BUSINESS 21. PROPOSED BALLOT MEASURE — AMENDMENT TO THE GENERAL PLAN. Action: Contingent upon Council's adoption of the General Plan Update and consideration of the analysis required by Charter Section 423, submit the measure to the voters at the General 'Municipal Election to be held on November 7, 2006, by taking the following actions: a) Adopt Resolution No. 2006 -_ Ordering the Submission of a Proposed Measure to the Voters at the General Municipal Election on Tuesday, November 7, 2006; b) Adopt Resolution No. 2006 -_ Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 7, 2006, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code; and C) After discussion, adopt Resolution No. 2006 -_ Setting Priorities for Filing (A) Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis. 22. PROPOSED CHARTER AMENDMENT TO LIMIT THE USE OF EMINENT DOMAIN. Action: Adopt the following resolutions to submit the proposed charter amendment to the voters at the General Municipal Election to be held on November 7, 2006: a) Adopt Resolution No. 2006 -_ Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 7, 2006 for the Submission of a Proposed Charter Amendment; b) Adopt Resolution No. 2006 Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 7, 2006, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code; and C) After discussion, adopt Resolution No. 2006 -_ Setting Priorities for Filing (A) Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis. 23. DESIGNATION OF VOTING DELEGATE FOR 2006 LEAGUE ANNUAL CONFERENCE — SEPTEMBER 6 — 9, 2006 IN SAN DIEGO. Action: Designate the Conference and as the City's Voting Delegate for as the Voting Alternate. 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