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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, December 12, 2006 Regular Council Meeting - 7:00 p.m. DON WEBB Council Member STEVEN ROSANSKY EDWARD D. SELICH Council Member MICHAEL F. HENN Council Member LESLIE J. DAIGLE Council Member HOMER BLUDAU - City Manager, ROBIN HARKLESS - City Clerk, STEPHEN G. BADU WOOD - Assistant City Manager. Council Member NANCY GARDNER Council Member KEITH D. CURRY Council Member CLAUSON - City Attorney, LAVONNE M - Director of Public Works, SHARON Z. 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 docunentation 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 -3006. The agendas, minutes and staff reports are also available on the City's web site. The address is: http:!lwww.city.newport- beach.ca.usl 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 - 8800 NEWPORT BOULEVARD December 12, 2006 STUDY SESSION - Cancelled AB1284 ETHICS TRAINING- 4:00 - 6:00 p.m. [No agenda] CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS txtrxxxsttx ++�:e� -x,: A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C. CLOSED SESSION REPORT (if aaaalicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Pastor John Embree, Newport Harbor Lutheran Church F. PRESENTATIONS Library Foundation Presentation of Check 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 MOULD 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. COW RY NERMUMA NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 16) 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 MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF NOVEMBER 28, 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. INDEMNIFICATION FROM THIRD PARTY CHALLENGES TO CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATIONS AND OTHER DISCRETIONARY APPROVALS. Adopt Ordinance No. 2006 -26. RESOLUTIONS FOR ADOPTION 4. RESOLUTION ADOPTING REVISED RECORDS RETENTION SCHEDULES AND AUTHORIZATION FOR DESTRUCTION OF CERTAIN CITY RECORDS. Adopt Resolution No. 2006 -_ adopting the revised records retention schedules and authorizing the destruction of certain City records. 5. RESOLUTION DELEGATING AUTHORITY TO THE CITY MANAGER TO APPROVE PROGRAM SUPPLEMENTS WITH CALTRANS FOR LOCAL ASSISTANCE TRANSPORTATION PROJECTS. Adopt Resolution No. 2006 -_ delegating authority to the City Manager to execute master agreements, program supplemental agreements, fund exchange agreements and/or fund transfer agreements with Caltrans for Local Assistance Transportation Projects. ONTRACTS AND AGREEME NTS 6. EXTENSION OF A JOINT POWERS AGREEMENT (JPA) FOR MOORING ADMINISTRATION. Approve the extension of the JPA (D89 -035) with the County of Orange for mooring administration for two (2) additional years. 7. JAMBOREE ROAD/MACARTHUR BOULEVARD TRAFFIC SIGNAL CABINET RELOCATION - AWARD OF CONTRACT (C- 8886). Reject all bids. 8. 2006 -2007 CITYWIDE STREET, PARKING LOT, AND STORM DRAIN IMPROVEMENTS - AWARD OF CONTRACT (C- 8798). 1) Approve the plans and specifications; 2) award the contract (C -3793) to All American Asphalt for the total bid price of $1,392,333.50, and authorize the Mayor and City Clerk to execute the contract; 3) establish an amount of $147,000 to cover the cost of unforeseen work and an amount of $30,589 for geotechnical/materials testing services for the entire project and $32,000 for irrigation improvements and electrical repairs within the Corona del Mar (CdM) Main Street Beach Parking Lot; 4) approve a budget amendment (07BA -035) in the amount of $202,358 from unappropriated General Fund balance to Account No. 7013- C5100019 - Street, Bikeway and Parking Lot Improvements; and $320,000 from unappropriated Traffic Congestion Relief Fund into the following three accounts: 7191- C5100857 ($90,932) - Spyglass and Harbor View Hills South Pavement Rehabilitation, 7191- C5100886 ($63,845) - 151x' Street Rehabilitation and 7191- C5100829 ($165,223) - West Bay Avenue Street Rehabilitation; and 5) approve a budget amendment (07BA -035) transferring $46,770 from FY 05/06 Sidewalk Curb Gutter Replacement project (7013- C3140850) to the Street, Bikeway and Parking Lot Improvements project (7013- C5100019). 9. JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 8826). 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 year after Council acceptance; and 5) approve a budget amendment (07BA -034) transferring $29,736.18 from the unused and remaining funds from the 2005 -2006 Citywide Slurry Seal Program Measure M Turnback CIP Account No. 7281- C5100858 to Account No. 7281- C5100832. 10. CORPORATION YARD BUILDING "W" - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 8642). 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 year after Council acceptance; and 5) approve a budget amendment (07BA -030) appropriating $44,900 from unappropriated Equipment Internal Services fund balance to Account No. 7611- C6120725 to cover extra costs for this project. 11. CITYWIDE SLURRY SEAL PROGRAM - FY2005 -2006 - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 8800). 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 year after Council acceptance. MISCELLANEOUS 12. REQUEST WAIVER OF COUNCIL POLICY B-8 - BIKE, FOOT RACE AND SURF CONTEST EVENT FOR NEWPORT HARBOR HIGH SCHOOL (NHHS) TO HOLD A SURF CONTEST. Approve request to waive Council Policy B -8 by NHHS to hold a surf contest on April 7.8, 2007. 18. BUDGET AMENDMENT - CONTRACT CLASSES. Approve a budget amendment (07BA -031) to increase Revenue by $378,000 and Expenditures by $332,968. J. K. L. ful 14. APPOINTMENT OF ARLENE AFFAIRS COMMITTEE (EQAC). of Arlene Greer to EQAC. GREER TO ENVIRONMENTAL QUALITY Confirm Council Member Curry's appointment 15. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY 2006/2007 EXPENDITURE ACCOUNTS. Approve a budget amendment (07BA- 032) to increase revenue estimates by $121,650 in Account No. 4090 -5893 (Library Foundation Donations) and increase expenditure estimates by the same amount in Division 4090 (Foundation) and 4060 (Literacy). 16. NEWPORT BEACH RESTAURANT WEEK BANNERS - APPROVAL OF ENCROACHMENT PERMIT NO. N2006 -0554. Conditionally approve the request of the Newport Beach Restaurant Association for the installation of 100 banners, from December 13, 2006 to January 26, 2007, for the inaugural Newport Beach Restaurant Week (installation will be along Coast Highway between MacArthur Boulevard and Dover Drive, Newport Boulevard between Hospital Road and 32nd Street, Jamboree Road north of East Coast Highway, and MacArthur Boulevard north of East Coast Highway). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR 17. DAY CARE REGULATIONS (PA 2006 -211) - CODE AMENDMENT NO. 2006- 007 - TO REVISE THE LAND USE REGULATIONS TO DISTINGUISH DAY CARE CENTERS FOR CHILDREN AND THOSE FOR ADULTS AND ESTABLISH SPACING, CONCENTRATION, PARKING, AND OPERATIONAL STANDARDS FOR LARGE FAMILY CHILD CARE HOMES. Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2006 -_ approving Code Amendment No. 2006 -007, and pass to second reading on January 9, 2007. 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. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report - Local Coastal Program Certification Committee Status report - Newport Coast Advisory Committee 4 N D 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 18. PLANNING COMMISSION AGENDA FOR DECEMBER 7, 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. RESOURCE AND RECREATION MANAGEMENT PLAN FOR BUCK GULLY; AUTHORIZATION TO CONTRACT WITH THE IRVINE RANCH LAND RESERVE TRUST (IRLRT); BUDGET AMENDMENT OF $199,875. Action: 1) Authorize the City Manager to enter into a Professional Services Agreement (PSA) substantially similar to the draft PSA attached in the staff report with the Irvine Ranch Land Reserve Trust (IRLRT) to assist the City in developing and implementing a Resource and Recreation Management Plan (RRMP) for Buck Gully; 2) Approve a budget amendment (07BA -033) in the amount of $199,875 to fund the RRMP; and 3) As a part of the Fiscal Year 2007 -08 budget, prepare a Scof Services and cost estimate for ongoing management of the Buck Gully Open Space Reserve by IRLRT. 20. GENERAL PLAN IMPLEMENTATION, COMPLETION OF LOCAL COASTAL PROGRAM AND APPOINTMENT OF AN AD HOC IMPLEMENTATION COMMITTEE. Action: 1) Provide the Planning Director with direction on an interim zoning ordinance and on individual amendments to the Zoning Code and CLUP; 2) Adopt Resolution No. 2006 -_ establishing the General Plan/Local Coastal Program Implementation Committee and sunsetting the General Plan Update Committee, General Plan Advisory Committee, the Local Coastal Program Certification Committee, and the Ad Hoc Committee for Revisions to the Zoning Code; and 3) Approve the Mayor's appointment of City Council Members (chair), and to the Committee. 21. ESTABLISHMENT OF AN AD HOC COMMITTEE FOR NEGOTIATING A DEVELOPMENT AGREEMENT FOR THE HYATT REGENCY NEWPORT BEACH TIMESHARE PROPOSAL. Action: 1) Adopt Resolution No. 2006 -_ creating an Ad Hoc Committee for negotiating a possible Development Agreement between the City and the Sunstone Hotel Investors, Inc. to consist of two (2) Council Members; and 2) Confirm the Mayor's appointments of and to the Committee. 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