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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, April 11, 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. 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. 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. NA64010 % ai (ing 7- kroug4 A NEWPORT BEACH 1906 -2006 / �/ NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD April 11, 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 aonlicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Reverend Dr. Dennis Short, Harbor Christian Church and President of Newport- Mesa- Irvine Interfaith Council F. PRESENTATIONS Operation Christmas Presentation - YellowRibbonAmerica.com Presentation of plaque to former Council Member/Mayor John Heffernan Relay for Life Presentation G. NOTICE TO THE PUBLIC Th.e 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 (1 - 11) 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 MEETING OF MARCH 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. RESOLUTION FOR ADOPTION RESOLUTION REGARDING DISABILITY RETIREMENTS OF CITY OF NEWPORT BEACH EMPLOYEES; AND INDUSTRIAL DISABILITY RETIREMENT DETERMINATIONS OF LOCAL SAFETY EMPLOYEES WHO ARE MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND RESCINDING RESOLUTION NO. 95 -138. Adopt Resolution No. 2006 -_ delegating authority to the City Manager to act on behalf of the City with regard to disability retirements of city employees; establishing a procedure for industrial disability retirement determinations of local safety employees who are members of PERS and rescinding Resolution No. 95 -138. CONTRACTS AND AGREEMENTS 4. CONTRACT FOR WORKERS COMPENSATION THIRD PARTY ADMINISTRATION (TPA) SERVICES. Approve the contract for Workers Compensation Third Party Administrator (TPA) services with Hazelrigg Risk Management Services (HRMS) which continues a joint agreement to provide TPA services for the self- insured workers compensation programs for Cities of Newport Beach and Costa Mesa for the initial term of April 1, 2006 to December 31, 2006 with the option for two -one year extensions. 5. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF CEQA DOCUMENTS FOR A PROJECT ON WEST COAST HIGHWAY AT DOVER DRIVE. 1) Approve an Amendment to the Professional Services Agreement with RBF Consulting of Irvine for additional work required in conjunction with preparation of an Initial Study and Mitigated Negative Declaration for an additional amount not to exceed $5,795; and 2) authorize the City Manager to sign the agreement. 6. PROFESSIONAL SERVICES AGREEMENT FOR CONTRACT PLANNING SERVICES. 1) Approve a Professional Services Agreement with Hogle- Ireland, Inc. of Irvine for contract planning services in an amount not to exceed $266,400; 2) authorize the City Manager to sign the agreement; and 3) approve a budget amendment (06BA -057) increasing revenue estimates in 2700 -5003, Zoning and Plan Review Fees, by $150,000 and increasing expenditure appropriations in 2710 -8080, Professional and Technical Services by $180,000 (the remaining $30,000 will come from the General Fund unappropriated fund balance). PACIFIC COAST HIGHWAY (PCH) IMPROVEMENTS FROM MORNING CANYON TO CAMEO SHORES - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3435). 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 (1) year after Council acceptance; and 5) approve a budget amendment (06BA -058) transferring $11,000 from the Unappropriated Circulation and Transportation Fund to PCH Improvements from Morning Canyon to Cameo Shores Construction Account 7261- C5100650. 8. PROFESSIONAL SERVICES AGREEMENT TO PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE HYATT REGENCY NEWPORT BEACH EXPANSION. 1) Approve a Professional Services Agreement with The Planning Center of Costa Mesa for professional environmental services to prepare an EIR for an amount not to exceed $135,565; and 2) authorize the City Manager to sign the Agreement. 9. CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WEC CORPORATION. 1) Approve a Professional Services Agreement with WEC Corporation of Placentia for construction management and inspection services at a contract price not to exceed $45,000 and authorize the Mayor and the City Clerk to execute the Agreement; and 2) approve a budget amendment (06BA -059) transferring $45,000 from salary savings in the Engineering Division (5100 -7000) and transfer the funds to Engineering Division Services Professional and Technical Account 5100- 8080. MISCELLANEOUS 10. BUDGET AMENDMENT - CONTRACT CLASSES. Approve a budget amendment (06BA -056) to increase the Revenue and Expenditures Accounts due to increased registration, increased fees, and new contract classes, which require additional payments to instructors. 11. APPROVAL OF NEWPORT BEACH FILM FESTIVAL BANNERS - ENCROACHMENT PERMIT N2006 -0147. Conditionally approve the request of Display City, Inc. for the installation of 40 banners on 20 street light poles from April 12, 2006 to April 30, 2006 for the annual Newport Beach Film Festival (installation will be along Newport Center Drive East/West). J K. L. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS 12. SOBER LIVING BY THE SEA — USE PERMIT NO. 2005 -031, OFF -SITE PARKING AGREEMENT NO. 2005 -005, MODIFICATION PERMIT NO. 2005- 133 — 2811 VILLA WAY (PA 2005 -136). Action: Open public hearing and continue to May 23, 2006. 13. JUSTICE ASSISTANCE GRANT. Action: Receive public comments and accept funding of the Crime Prevention Program under the provisions of the United States Department of Justice, Justice Assistance Grant 2006- F2899- CA -DJ. 14. GENERAL PLAN UPDATE: DRAFT ENVIRONMENTAL IMPACT REPORT AND HARBOR AND BAY, HISTORICAL RESOURCES, RECREATION, ARTS AND CULTURAL, NATURAL RESOURCES, SAFETY, AND NOISE ELEMENTS. Action: 1) Receive public comments on the referenced elements of the Draft General Plan; 2) Provide direction to staff on revisions to the referenced elements of the Draft General Plan; and 3) Continue public hearing to April 25, 2006. 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 15. PLANNING COMMISSION AGENDA FOR APRIL 6, 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. O. CURRENT BUSINESS 16. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 1.35 TO THE NBMC LIMITING THE USE OF THE CITYS POWER OF EMINENT DOMAIN. Action: Consider the proposed ordinance limiting the use of the City's power of eminent domain and provide staff with direction regarding the proposed ordinance. 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