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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, June 14, 2005 Regular Council Meeting - 7:00 p.m. STEVE BROMBERG MAYOR DON WEBB Mayor Pro Tem TOD W. RIDGEWAY Council Member STEVEN ROSANSKY Council Member LESLIE J. DAIGLE Council Member RICHARD A. NICHOLS Council Member JOHN HEFFERNAN 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 wag 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. PLEASE TURN CELL PHONES & PAGERS OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD June 14, 2005 STUDY SESSION - 3:30 p.m. CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS :r:r:r:r:r:rt x x x x xt:r:r:r:r:r:r 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 - Reverend Dr. George R. Crisp, Christ Church by the Sea United Methodist F. PRESENTATIONS 1st BattalionAst Marine Presentation. Proclamation for Randy Seton. G. 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. 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. Asa 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- 17) 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 i.tents 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 anal /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 Ma ;yor, state their name and item number. If the optional sign -in card h.as been completed it should be placed in the box provided at t.h.e podium. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING OF MAY 24, 2005. 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 City Clerk to read by title only. ORDINANCE FOR INTRODUCTION 3. VEHICLE CODE ENFORCEMENT WITHIN ONE FORD ROAD. Introduce Ordinance No. 2005 -_ authorizing application of California Vehicle Code to Private Roads in the One Ford Road Community, and pass to second reading on June 28, 2005. ORDINANCES FOR ADOPTION 4. ORDINANCE TO APPROVE AN AMENDMENT TO PERS CONTRACT TO PROVIDE PRE - RETIREMENT OPTIONAL SETTLEMENT DEATH BENEFIT TO SAFETY EMPLOYEES. Adopt Ordinance No. 2005 -7, An Ordinance of the City Council of the City of Newport Beach Authorizing an Amendment to the Contract Between the City Council of the City of Newport Beach and the Board of Administration of the California Public Employees Retirement System 5. ORDINANCE ADOPTING PLANNED COMMUNITY TEXT AMENDMENT NO. 2004 -003 FOR NEWPORT LEXUS AUTOMOBILE DEALERSHIP (PA 2004- 153) - 3901, 3931, 3961 MACARTHUR BOULEVARD AND 848 AND 888 DOVER STREET. Adopt Ordinance No. 2005 -8 approving Planned Community Test Amendment No. 2004 -003. RESOLUTIONS FOR ADOPTION 6. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR SHORTENED FISCAL YEAR 2005 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2005 -2006. 1) Approve Balboa Village Business Improvement District 2005 Short Year Annual SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Report; and 2) adopt Resolution of Intention No. 2005 -_ and set the public hearing for June 28, 2005. APPOINTMENT TO CITY CENTENNIAL 2006 STEERING COMMITTEE. Adopt Resolution No. 2005- to expand the membership of the City Centennial 2006 Committee and allow additional members to be added in the future by a vote of the City Centennial 2006 Steering Committee, and approve the appointment of Richard Luehrs and Ray Halowski to the committee. CONTRACTS AND AGREEMENTS S. BIG CANYON AREA JOINT SEWER PROJECT — APPROVAL OF A REIMBURSEMENT AGREEMENT WITH ORANGE COUNTY SANITATION DISTRICT AND APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WALDEN & ASSOCIATES FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES. 1) Approve Reimbursement Agreement with the Orange County Sanitation District for the realignment and rehabilitation of the Big Canyon Trunk Sewer; 2) approve a budget amendment (05BA -065) appropriating $140,450 in account 7251 - 05600292 and increase revenue estimates by the same amount for reimbursement from OCSD to be received in FY 05/06; and 3) approve a Professional Services Agreement with Walden & Associates of Irvine for design and construction support services for the Big Canyon Trunk Sewer at a contract price of $140,450 and authorize the Mayor and City Clerk to execute the Agreement. 9. CORONA DEL MAR AREA PAVEMENT REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3650). 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. 10. APPROVAL OF HARDWARE AND SOFTWARE PURCHASE TO UPGRADE POLICE DEPARTMENT CAD AND RMS SYSTEMS. 1) Approve the sole source purchase from Northrup Grumman to upgrade the Police Department's Computer Aided Dispatch and Records Management Systems' computer hardware and associated operating system software in an amount not to exceed $309,000 from the Police Department's Support Services Division Computer Capital Purchases Account #1520 -9010; and 2) authorize the Police Department to negotiate the terms of the Purchase Agreement subject to approval as to form by the City Attorney, and execution of the document by the City Manager. 11. TERMINATION OF EXPIRED AFFORDABLE HOUSING AGREEMENTS. Execute Termination Agreements for two expired affordable housing agreements (Plummer Court, 309 Cypress Street, and Canyon Cove, 509 Morning Canyon). 12. RETAIN THE FIRM OF CB RICHARD ELLIS, INC. OF NEWPORT BEACH TO PROVIDE LEASE LOCATION ALTERNATIVES FOR THE RELOCATION OF CITY HALL DURING THE POTENTIAL CONSTRUCTION OF A NEW CITY HALL. Approve the letter agreement to retain the relocation services of CB Richard Ellis, Inc. and authorize the City Manager to sign the agreement. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. MISCELLANEOUS ACTIONS 13. BUDGET AMENDMENT — CONTRACT CLASSES. Approve a budget amendment (05BA -066) in the amount of $119,000 to increase the Revenue and Expenditures Accounts due to increased registration and new contract classes, which require additional payments to instructors. 14. BOARD AND COMMISSION SCHEDULED VACANCIES — CONFIRMATION OF NOMINEES. Confirm the nominations made by the Ad Hoc Appointments Committee (as listed in the staff report). 15. DONNA AND JOHN CREAN MARINERS BRANCH LIBRARY AND TENNIS COURT FUNDING. Approve a budget amendment (05BA -067): 1) appropriating $330,000 from Unappropriated General Fund Reserves to account 7011- C5100661 for additional contingency funds; and 2) appropriating $135,000 from Unappropriated General Fund Reserves to account 7011- C5100661 and $100,000 from Building Excise Tax Fund Balance, 270 -3605, to account 7271- C5100661 to fund the Furniture, Fixtures and Equipment (FF &E) for the library. 16. PURCHASE OF REPLACEMENT AMBULANCE COTS FOR USE BY FIRE DEPARTMENT PARAMEDICS. 1) Approve the purchase of five Stryker Power - ProTM battery powered ambulance cots for our paramedic units at an amount not to exceed $50,000 and authorize a budget amendment (05BA -068) to transfer $25,000 from the General Fund Paramedic Reserve to account 2340 -9300 to fund the balance of the purchase. 17. ASSESSMENT DISTRICT NO. 68 (NEWPORT SHORES) AND ASSESSMENT DISTRICT NO. 69 (WEST NEWPORT) PROJECT UPDATE. Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 18. FISCAL YEAR 2005 -06 PROPOSED BUDGET HEARING. Action: 1) Conduct public hearing; and 2) After taking public input, prepare a "checklist" of proposed changes to the proposed budget that will be reviewed by the City Council at the meeting of June 28, 2005 and direct the preparation of the Budget Resolution for adoption at the Council Meeting of June 28 2005 including any "checklist" items that are recommended for approval. 19. 2005 -06 APPROPRIATION LIMIT HEARING. Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 2005 approving the City's Appropriation (Gann) Limit for the 2005 -06 fiscal year in the amount of $119,548,685. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 20. PROPOSED UNDERGROUND UTILITIES DISTRICT (UUD) NO. 19 SANTA ANA HEIGHTS — MESA DRIVE, CYPRESS STREET AND A PORTION OF ORCHARD DRIVE. Action: 1) Open the public hearing, receive testimony and close public hearing; 2) Thereafter take one of the following actions: a. Adopt Resolution No. 2005 -_ establishing Underground Utility District No. 19, or b. Abandon the district proceedings. K. REMARKS 21. COMMENTS FROM MAYOR BROMBERG [ORAL PRESENTATION]. Action: 1) Remarks by Mayor Bromberg. 2) Presentation of plaques to Mayor Bromberg. 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 — 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 N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 22. PLANNING COMMISSION AGENDA FOR JUNE 9, 2005. 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. 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. N 23. MARINAPARK MOBILEHOME PARK — CHANGE OF USE ISSUES (contd. from 5/10/05). Action: Direct staff to begin legally required steps to change the use of the property to an interim open space condition, including the preparation and submittal of a relocation report to the Marinapark residents and the City Council for consideration at a public hearing. 24. CODE AMENDMENT NO. 2005 -001 AMENDING TITLE 19 OF THE MUNICIPAL CODE RELATED TO PARKING STANDARDS FOR CONDOMINIUM CONVERSIONS (PA 2005 -015) (contd. from 5/10/05). Action: Approve Code Amendment No. 2005 -001 by introducing Ordinance No. 2005 -_ amending the Condominium Conversion Regulations of Title 19 of the Municipal Code to increase the minimum required parking standard to: a) current standards OR b) two spaces per unit, with an effective date of the ordinance to be 60 days after the date of its adoption, and that any condominium conversion applications deemed complete by the effective date be allowed to proceed under the existing regulations in effect prior to this amendment: and pass to second reading on June 28. 2005. 25. CHARTER PROVISIONS AND PROCEDURE FOR ELECTION OF MAYOR. Action: Direct the City Clerk to schedule election of the Mayor for the meeting of June 28, 2005. The Mayor Pro Tem can preside at the special meeting of June 21, 2005 to appoint a new council member for District 5. P. CURRENT BUSINESS 26. NAMING OF PARK LOCATED BEHIND THE NEWPORT BEACH CENTRAL LIBRARY. Action: The Parks, Beaches & Recreation Commission recommends that the City Council consider naming the park located behind the Newport Beach Central Library from one of the following three suggestions (Centennial Park, Newport Beach Central Park or Newport Central Park) and /or select one from the entire list of 425 names. 27. TRAFFIC SIGNAL INSTALLATION AT EASTBLUFF DRIVE AND ALBA STREET. Action: Direct staff to pursue the installation of a traffic signal at the intersection of Eastbluff Drive and Alba Street including proceeding with preparing construction documents and the ordering of signal poles. M SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 28. TRAFFIC AND ENVIRONMENTAL ANALYSIS OF GENERAL PLAN UPDATE LAND USE ALTERNATIVES. Action: Review and comment on reports. Q. ITEMS REMOVED FROM THE CONSENT CALENDAR R. MOTION FOR RECONSIDERATION A nnotion. to reconsider the vote on any action taken by the City Council at either this nneeting or the previous meeting may be made only by one of the Council members who uoted with the prevailing side. S. ADJOURNMENT — Adjourn to 6:00 p.m., Tuesday, June 21, 2005 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.