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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, May 23, 2006 Regular Council Meeting - 7:00 p.m. DON WEBB MAYOR STEVEN ROSANSKY EDWARD D. SELICH Mayor Pro Tem 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:llwww.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. NB101 10 119 - 'sailn ?hrau h A NEWPORT BEACH 1906 -2006 �/ �/ NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD May 23, 2006 - 4:00 p.m CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS A. RECONVENE AT 7:00 PM. FOR REGULAR MEETING B. ROLL CALL C. CLOSED SESSION - REPORT (if aanlicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Reverend Karl Stuckenberg, Newport Center United Methodist Church F. PRESENTATIONS Donation from Friends of the Library California Restaurant Association Centennial Proclamation Recognition of Dennis O'Neil as Newport Beach Citizen of the Year for 2006 National Public Works Week Tree City USA 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 REPORTINON- DISCUSSION ITEMI: 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 - 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 MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MAY 9, 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. ORD INANCES FOR ADOPTION 3. CONTINUOUS UTILITY SERVICE AGREEMENTS. Adopt Ordinance No. 2006- 13 amending Section 14.12.140 of the NBMC authorizing continuous service agreements for water and sewer customers. 4. PENDRAGON NORTH AMERICA AUTOMOTIVE INC. (LAND ROVER NEWPORT BEACH SERVICE CENTER — 2101 DOVE STREET). Adopt Ordinance No. 2006 -14 for Code Amendment No. 2004 -012. RESOLUTION FOR ADOPTION 5. RESOLUTION NO. 2006 - RELATING TO A PROPERTY TAX EXCHANGE AGREEMENT FOR THE WEST SANTA ANA HEIGHTS AND EMERSON TRACT. Adopt Resolution No. 2006 -_ relating to a Property Tax Exchange Agreement to allocate property taxes after the reorganization of West Santa Ana Heights and reaffirming the City's earlier adoption of Council Resolution No. 2002 -55 relating to the 70.30 property tax split for the Emerson Tract. CONTRACTS AND AGREEMENTS 6. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING FISCAL YEAR JULY 1, 2006 TO JUNE 30, 2007. Authorize the City Clerk to publish a notice advertising for bids to be received on or before the hour of 4:00 p.m., on Friday, June 9, 2006 for a one -year contract covering the publishing and printing of legal notices, or other material required to be published and circulated in the City of Newport Beach. AUTHORIZATION TO HIRE TELE - WORKS, INC. TO UPGRADE THE CITY'S VOICE RESPONSE AND NOTIFICATION SYSTEMS. 1) Authorize the Mayor to execute a professional services Agreement with Tele- Works, Inc. to upgrade the Voice Response System and Emergency Notification System (FirstResponder) which broadcast emergency and routine messages to the citizens of Newport Beach by phone, email, voicemail, fax, text pager and telephone text (TTY /TTD); and 2) approve a budget amendment (06BA -068) transferring $67,500 of appropriations from Revenue Division, Salary Savings account number 0640 -7099, to Computer Equipment, capital outlay account number 0640 -9010. 8. NEWPORT THEATER ARTS CENTER LOBBY ADDITION (C -3742) — REJECT ALL BIDS. 1) Reject all bids; and 2) direct staff to combine this project with future building work and rebid at a later date. 9. TRAFFIC SIGNAL UPGRADES FY05 -06 — AWARD OF CONTRACT (C- 3827). 1) Approve the plans and specifications; 2) award C -3827 to Freeway Electric for the total bid price of $438,000.00, and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $43,800 (10 %) to cover the cost of unforeseen work; and 4) approve a budget amendment (06BA -069) in the amount of $23,800 from the unappropriated balance of the Transportation and Circulation Fund, 260 -3605, to Account No. 7261- C5200068. 10. NON - STANDARD IMPROVEMENTS AT 6707 AND 6709 SEASHORE DRIVE. 1) Deny Encroachment Permit N2005.0490 based on its non - conformance with provisions documented in Council Policy L -6 and safety hazard potentials; and 2) direct staff condition the owner to remove all non - standard, unpermitted improvements from the public right -of -way fronting 6707 and 6709 Seashore Drive within 30 days. 11. REQUEST TO CONSTRUCT NONSTANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY — 3431 OCEAN BOULEVARD. 1) Deny the Owner's request to construct non - standard encroachments, which includes, but not limited to, retaining walls, caissons, landscaping, associated drainage, and appurtenances within the public right -of -way adjacent to the property located at 3431 Ocean Boulevard; and 2) direct staff to prepare an encroachment permit and encroachment agreement for the existing non - standard improvements in the public right -of -way fronting 3431 Ocean Boulevard. 12. AMENDMENT TO THE RESTROOM CLEANING AGREEMENT WITH A -1 SPINELLI ENTERPRISES. Approve the contract amendment for weekend restroom cleaning through October 31, 2006 at a new price of $3,508 per month. MISCELLANEOUS 13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO EXPENDITURE BUDGET ACCOUNTS FOR FY 2005/06. Approve a budget amendment (06BA -070) to increase revenue estimates by $14,213 in Account No. 4010 -5892 (Library — Friends of the Library) and increase expenditure estimates by the same amount in Division 4091 (Friends). 14. WIDE AREA NETWORK UPGRADES. Approve an agreement by Embee Technologies for hardware and services to provide 100 MB wireless radio Wide Area Network (WAN) connections between the City Hall and Utilities sites and between the Utilities and Corporation Yard sites for a total cost of $69,882.20. 15. 2006 -07 PROPOSED BUDGET HEARING; 2006 -07 APPROPRIATION LIMIT HEARING. Schedule a public hearing of the City's Proposed Budget and Appropriation Limit for the 2006 -07 fiscal year on June 13, 2006 at 7:00 p.m. and direct the City Clerk to publish a notice of said hearings. 16. MITIGATED NEGATIVE DECLARATION RELATING TO A WATER QUALITY IMPROVEMENT PROJECT ( "OLOID PROJECT ") AROUND NEWPORT ISLAND. 1) Certify the Mitigated Negative Declaration (MND) for the Oloid Project; and 2) direct staff to bring a negotiated grant agreement with the State Water Resources Control Board (SWRCB) back to the City Council for review and approval. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS. REMOVED FROM THE CONSENT CALENDAR K. PUBLIC HEARINGS 17. 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 June 27, 2006. 18. GENERAL PLAN UPDATE: LAND USE AND CIRCULATION ELEMENTS, IMPLEMENTATION PROGRAM AND DRAFT ENVIRONMENTAL IMPACT REPORT. Action: 1) Receive public comments on the referenced elements and Implementation Program of the Draft General Plan and Draft Environmental Impact Report (EIR); 2) Provide direction to staff on revisions to the referenced elements of the Draft General Plan; and 3) Continue public hearing to June 13, 2006. 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 Status report — City Council Ad Hoc Marina Park Advisory Committee Status report — Other Committee Activities N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 19. PLANNING COMMISSION AGENDA FOR MAY 18, 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. CONTINUED BUSINESS 20. CONTRACT FOR THE BIG CANYON CREEK RESTORATION PROJECT - PHASE II (ENGINEERING, DESIGN, PERMITTING, AND FINAL CONSTRUCTION DOCUMENTS). Action: 1) Authorize the Mayor to sign a professional services agreement with WRC Consulting Services in an amount of $698,595 to conduct design, engineering, permitting, and the preparation of construction documents for the Big Canyon Creek Restoration Project; and 2) Authorize the City Manager or his designee to approve any change orders to the WRC Consulting Services contract provided that such change orders do not exceed 10% ($70,000) of the contract cost and provided that previous budget authorization for such expenditure exists. P. CURRENT BUSINESS 21. ORAL REPORTS FROM THE FACILITIES FINANCE REVIEW COMMITTEE AND THE CITY HALL SITE REVIEW COMMITTEE. Action: Listen to the oral reports, accept the written reports and thank the Committee members for their valuable services to the City. 22. RESOLUTION NO. 2006 -_ RELATING TO THE FORMATION OF A CITY COUNCIL AD HOC COMMITTEE ON LEGISLATIVE ADVOCACY. Action: 1) Adopt Resolution No. 2006 -_ forming the City Council Ad Hoc Committee on Legislative Advocacy; and 2) Confirm the Mayor's appointments of . and to the Committee. 23. ESTABLISHMENT OF AN AD HOC COMMITTEE FOR NEGOTIATING AN AMENDMENT TO THE HOAG HOSPITAL DEVELOPMENT AGREEMENT. Action: 1) Adopt Resolution No. 2006 -_ creating an Ad Hoc Committee for negotiating an amendment to the Hoag Hospital Development Agreement to consist of two (2) Council Members; and 2) Confirm the Mayor's appointments of and to the Committee. 24. RESPONSE TO THE STATE WATER RESOURCES CONTROL BOARD ( SWRCB) REGARDING THE NEWPORT BEACH MARINE LIFE REFUGE AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS). Action: 1) Find that the elimination of all pollutants from direct discharges into the Newport Beach Marine Life Refuge ASBS is virtually impossible to achieve given current levels of government resources; 2) Authorize the City to submit all relevant data to the SWRCB relating to the Newport Beach MLR ASBS and the Irvine Coast MLR ASBS, but not asking for a formal exception to the California Ocean Plan for the Newport Beach MLR ASBS; and 3) Direct City staff to work with other communities adjacent to ASBSs that may seek similar relief from any SWRCB directive regarding ASBSs. 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