HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, October 24, 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
RICHARD A. NICHOLS
Council Member
LESLIE J. DAIGLE KEITH D. CURRY
Council Member 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:!lwww.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.
PLEASE TURN CELL PHONES & PAGERS OFF OR SET IN SILENT MODE.
NEWPORT BEACH CITY COUNCIL AGENDA
COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD
October 24, 2006
— 4:30 p.m
CLOSED SESSION — [Refer to separate agenda from City Attorney]
RECESS
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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 — Chaplain Lloyd Sellers, Hoag Memorial Hospital Presbyterian
F. PRESENTATIONS
Centennial Book Presentation.
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 - 18) 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 MEETINGS
OF OCTOBER 10, 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.
ORDINANCES FOR ADOPTION
3. KOLL CENTER NEWPORT, 4450 MACARTHUR BLVD., GENERAL PLAN
AMENDMENT NO. 2006 -003, PLANNED COMMUNITY DEVELOPMENT
AMENDMENT NO. 2006 -001 (PA2006 -095) - MITIGATED NEGATIVE
DECLARATION AND GENERAL PLAN AMENDMENT TO INCREASE THE
TOTAL GROSS FLOOR AREA OF GENERAL OFFICE IN SUB -AREA 1 -1
(OFFICE SITE A) OF THE AIRPORT AREA (STATISTICAL AREA L4) BY
24,016 GROSS SQUARE FEET; AND AN AMENDMENT TO THE KOLL
CENTER NEWPORT PLANNED COMMUNITY (PC -15) TO ALLOW THE
TRANSFER OF 24,016 GROSS SQUARE FEET OF UNUSED RETAIL,
RESTAURANT AND OFFICE SQUARE FOOTAGE FROM OFFICE SITE B TO
OFFICE SITE A (PROPOSAL TO CONSTRUCT A 21,311 SQUARE FOOT, TWO -
STORY OFFICE BUILDING OVER A SUBTERRANEAN PARKING GARAGE
ON A 1.49 -ACRE SITE AT 4450 MACARTHUR BOULEVARD). Adopt Ordinance
No. 2006.21 approving Planned Community Development Amendment No. 2006 -001.
4. PLANNED COMMUNITY DEVELOPMENT AMENDMENT NO. 2006 -004
(PA2006 -173) - AMENDMENT TO THE AERONUTRONIC FORD PLANNED
COMMUNITY DEVELOPMENT PLAN PROHIBITING NEW RESIDENTIAL
SUBDIVISIONS IN PLANNING AREA 5. Adopt Ordinance No. 2006 -22 approving
Planned Community Development Amendment No. 2006 -004.
RESOLUTIONS FOR ADOPTION
5. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE
TO JB SERVICES. 1) Adopt Resolution of Intention No. 2006 -_ to award a Non -
Exclusive Solid Waste Franchise to JB Services and to schedule a public hearing on
November 14, 2006; and 2) introduce Ordinance No. 2006 -_ granting a Non -
Exclusive Solid Waste Franchise to JB Services and pass to second reading on
November 14, 2006.
6. ADOPTION OF A RESOLUTION IN SUPPORT OF PROPOSITION 83,
KNOWN AS "JESSICA'S LAW', DEALING WITH THE TREATMENT OF SEX
OFFENDERS. Adopt Resolution No. 2006 -_ in support of Proposition 83.
ADOPT RESOLUTION FOR THE INSTALLATION OF STOP SIGNS AT THE
CARNATION AVENUE AND SEAVIEW AVENUE INTERSECTION- Adopt
Resolution No. 2006 -_ for the installation of STOP signs at the Carnation Avenue
and Seaview Avenue intersection.
8. RESOLUTION RELATING TO KELP REFORESTATION PROJECT: $5,000
EXPENDITURE TO CALIFORNIA COASTKEEPER ALLIANCE. 1) Adopt
Resolution No. 2006 -_ relating to the California CoastKeeper Alliance's Giant Kelp
Reforestation Program; and 2) authorize the City Manager to expend $5,000 to
support California CoastKeeper Alliance's third and final year of the Kelp
Reforestation Program.
CONTRACTS AND AGREEMENTS
9. RENEWAL OF INSURANCE BROKER OF RECORD -
PROPERTY /CASUALTY INSURANCE. Approve the renewal of Brown & Brown,
as the City's Broker of Record for property /casualty insurance with annual broker
fees not to exceed $109,000 annually at a guaranteed rate for three years.
10. LITTLE CORONA ROCKWEED RESTORATION - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH CAL STATE FULLERTON.
Approve a Professional Services Agreement with Cal State Fullerton for restoration
work at Little Corona rocky intertidal areas at a not to exceed price of $85,151 and
authorize the Mayor and City Clerk to execute the agreement.
11. MALIBU CIRCLE SLOPE REPAIR - COMPLETION AND ACCEPTANCE OF
CONTRACT (C- 3791). 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.
12. BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH
STREET - REJECT BIDS FOR CONTRACT (C- 3778). Reject the sole bid.
13. LITTLE CORONA BIOASSAY TESTING - AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS.
Approve Amendment No. 1 to the Professional Services Agreement with Weston
Solutions of Carlsbad to conduct bioaccumulation studies at Areas of Special
Biological Significances along Newport Coast at a not to exceed price of $69,500 and
authorize the Mayor and the City Clerk to execute the agreement.
14. OCEAN PIER REPAIRS - AWARD OF CONTRACT (C- 3798). 1) Approve the
plans and specifications; 2) defer additive bid work; 3) award the contract (C -3798) to
John S. Meek Company, Inc. for the total base bid price of $687,550 and authorize
the Mayor and the City Clerk to execute the contract; 4) establish an amount of
$68,000 (10°x6) to cover the cost of unforeseen work; and 5) approve a budget
amendment (07BA -020) in the amount of $271,550 from Unappropriated Tide and
Submerged Lands Fund Balance to Account No. 7231- C5100836.
MISCELLANEOUS
15. APPOINTMENT TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE
(EQAC). Confirm Council Member Selich's appointment of Robert Rush to the
District 5 at -large seat on the Environmental Quality Affairs Committee (EQAC).
16. HUMAN SERVICES GRANTS FOR 2006 -2007. Authorize the allocation of
$25,000 in Human Services Grants as outlined in the staff report.
17. HOUSING ELEMENT IMPLEMENTATION — ANNUAL PROGRESS REPORT.
Receive, file and forward the Annual Housing Element Report to the State
Department of Housing and Community Development (HCD).
18. SMART CONTROLLER INSTALLATION AND SERVICES PROGRAM.
1) Approve a budget amendment (07BA -019) appropriating $300,000 to Account No.
7255- C5100969 for the Weather Based Irrigation Controller Program and increase
revenue estimates by $300,000 representing the CALFED grant award;
2) approve a budget amendment appropriating $288,000 to Account No. 7251•
C5100968 for the Weather Based Irrigation Controller Program and increase revenue
estimates by $288,000 representing rebate funding from Municipal Water District of
Orange County ( MWDOC); and 3) authorize expenditures of $366,500 from CALFED
grant funds and MWDOC SmarTimer rebate program funds to install 400 weather -
based irrigation controllers in Corona del Mar and Newport Coast by Hydropoint
Data Systems.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR,
EXCEPT FOR THOSE ITEMS REMOVED.
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
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 — 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
M. PLANNING COMMISSION AGENDA AND ORAL STATUS— REPORT
19. PLANNING COMMISSION AGENDA FOR OCTOBER 19, 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
20. MAYOR'S APPOINTMENT TO THE 1/1 MEMORIAL COMMITTEE.
Action: Confirm the Mayor's appointment of to the 1/1
Memorial Committee.
O. 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.
P. ADJOURNMENT — In memory of Retired Police Captain/Acting Chief of Police Jim Jacobs
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