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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, June 27, 2006 Regular Council Meeting - 7:00 p.m. DON WEBB MAYOR STEVEN ROSANSKY Mayor Pro Tern TOD W. RIDGEWAY Council Member LESLIE J. DAIGLE Council Member EDWARD D. SELICH 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. NAN r► r' •S'ailin 7-6roaO A Cen NEWPORT BEACH 1406 -2006 NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD June 27, 2006 STUDY SESSION - 3:30 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 anplicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Reverend Peter D. Haynes, Saint Michaels & All Angels Episcopal Church F. PRESENTATIONS Proclamation for Retiring AYSO Commissioner Okazaki Exchange Students Centennial School District Committee Recognition Boy Scouts of America Sea Scout Proclamation 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. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 28) 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 RESOL UTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JUNE 13, 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. ORDINANCE FOR INTRODUCTION 3. CABLE TELEVISION. ORDINANCE ADOPTING A FRANCHISE AGREEMENT WITH COX COMMUNICATIONS. 1) Introduce Ordinance No. 2006 -_ relating to the adoption of a Cable Communications Franchise Agreement with Cox Communications; and 2) pass to second reading on July 11, 2006. ORDINANCES FOR ADOPTION 4. MULTIPLE VESSEL MOORING SYSTEM PILOT PROGRAM. Adopt Ordinance No. 2006 -15 related to Moorings. 5. CODE AMENDMENT NO. 2006 -004 (PA2006 -078) - AMENDMENT TO CHAPTER 20.65 (HEIGHT LIMITS) TO ADD AN EXCEPTION FOR LIGHT STANDARDS TO EXCEED HEIGHT LIMITS SUBJECT TO THE REVIEW AND APPROVAL OF A USE PERMIT. Adopt Ordinance No. 2006 -16 approving Code Amendment 2006 -004. RESOLUTIONS FOR ADOPTION 6. MEASURE M SEVEN YEAR CIP. 1) Adopt the Seven -Year Capital Improvement Program; 2) adopt Resolution No. 2006 -_ affirming that the City's Circulation Element does not preclude implementation of the regional Master Plan of Arterial Highways; and 3) direct staff to submit the adopted Capital Improvement Program, Maintenance of Effort certification, to the Orange County Transportation Authority to satisfy the eligibility provisions for Measure M and Congestion Management Programs. GENERAL MUNICIPAL ELECTION - NOVEMBER 7, 2006: ADOPTION OF RESOLUTIONS CALLING THE ELECTION AND REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION (CANDIDATES ONLY). Adopt the following resolutions pertaining to the General Municipal Election scheduled for Tuesday, November 7, 2006 pursuant to Section 1000 of the City Charter: a) adopt Resolution No. 2006 -_ Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 7, 2006, for the Election of Members of the City Council as Required by the Provisions of the City Charter; b) adopt Resolution No. 2006 -_ Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 7, 2006, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code; and c) adopt Resolution No. 2006 -_ Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be held on Tuesday, November 7, 2006. S. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO NEWPORT COAST DEMOLITION. 1) Adopt Resolution of Intention No. 2006 to award a Non- exclusive Solid Waste Franchise to Newport Coast Demolition and to set the public hearing for July 25, 2006; and 2) introduce Ordinance No. 2006 -_ granting a Non - exclusive Solid Waste Franchise to Newport Coast Demolition and pass to second reading on July 25, 2006. 9. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO INTERIOR REMOVAL SPECIALIST, INC. 1) Adopt Resolution of Intention No. 2006 - to award alion- exclusive Solid Waste Franchise to Interior Removal Specialist, Inc. and to set the public hearing for July 25, 2006; and 2) introduce Ordinance No. 2006 granting a Non - exclusive Solid Waste Franchise to Interior Removal Specialist, Inc. and pass to second reading on July 25, 2006. 10. CABLE TELEVISION: ADOPTION OF RESOLUTION, MEMORANDUM OF UNDERSTANDING, SETTLEMENT AND MUTUAL RELEASE AGREEMENT AND CONSENT TO TRANSFER AGREEMENT RELATING TO TIME WARNER AND ADELPHIA, 1) Adopt Resolution No. 2006 consenting to a transfer of a franchise for cable television from Adelphia to Time Warner; and 2) authorize the Mayor or the City Manager to execute any documents relating to the transfer, including but not limited to a Memorandum of Understanding, a Settlement and Mutual Release Agreement, and a Consent to Transfer Agreement, CONTRACTS AND AGREEMENTS 11. CONTRACT FOR PURCHASE AND INSTALLATION OF SHADE STRUCTURES AT BONITA CANYON SPORTS PARK (cont. from 6113/06). Approve the contract with United Sports Surfacing of America for the purchase and installation of shade structures at Bonita Canyon Sports Park in the amount of $58,706. 12. AMENDMENT #1 TO A COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF TOTAL MAXIMUM DAILY LOADS (TMDLs) IN NEWPORT BAY. Authorize the Mayor to sign and execute Amendment #1 to the 2003 Cooperative Agreement to fund Nutrient, Fecal Coliform and Toxics Total Maximum Daily Load (TMDL) Studies & Programs in the Newport Bay Watershed. 13. MONITORING STATIONS INSTALLATION — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH GEOMATRUL 1) Approve a Professional Services Agreement with Geomatrix of Newport Beach for water quality monitoring services at a contract price of $62,946.50 and authorize the Mayor and City Clerk to execute the Agreement; and 2) approve a budget amendment (06BA -079) authorizing a transfer of $62,946.50 from Account 7014- C5100805 (Morning Canyon Stabilization Project) to Account 7014- C5100851 (NCWS: Miscellaneous Watershed Activities). 14. JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD — AWARD OF CONTRACT (C3826). 1) Approve the plans and specifications; 2) award the contract (C -3826) to All American Asphalt for the total bid price of $1,061,061 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $100,000 to cover the cost of unforeseen work; and 4) approve a budget amendment (06BA -082) appropriating $400,000 from the AHRP fund balance to Account No. 7285- C5100832 and $781,061 from the Measure M Turnback fund balance to Account No. 7281- C5100832. 15. COAST HIGHWAY CHANNELIZATION- CORONA DEL MAR - COMPLETION AND ACCEPTANCE OF CONTRACT (C3558). 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. 16. MORNING CANYON STABILIZATION — COMPLETION AND ACCEPTANCE OF CONTRACT (C3517). 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. 17. GEOTECHNICAL AND MATERIALS TESTING AND EVALUATION, INSPECTION AND CONSTRUCTION MANAGEMENT, AND LANDSCAPE DESIGN SERVICES — APPROVAL OF ON -CALL PROFESSIONAL SERVICES AGREEMENTS. 1) Approve Professional Services Agreements with Arroyo Geotechnical and LaBelle Marvin Inc. for on -call geotechnical and materials testing and evaluation services and authorize the Mayor and City Clerk to execute the Agreements; 2) approve a Professional Services Agreement with WEC Corporation for on -call inspection and construction management services and authorize the Mayor and City Clerk to execute the Agreements; and 3) approve Professional Services Agreements with TCLA, Inc. and David Volz Design for on -call landscape design services and authorize the Mayor and the City Clerk to execute the Agreement. 18. LEGAL ADVERTISING BID FOR FISCAL YEAR 2006 -2007. Accept the bid of the Daily Pilot and authorize a purchase order for the one -year period of fiscal year 2006- 2007. 19. 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM — AWARD OF CONTRACT (C- 3800). 1) Approve the plans and specifications; and 2) award the contract (C -3800) to Pavement Coatings Company for the total bid price of $471,946 and authorize the Mayor and the City Clerk to execute the contract. MISCELLANEOUS 20. DOVER DRIVE, NORTH OF CLIFF DRIVE SIDEWALK — MITIGATED NEGATIVE DECLARATION (C- 3652). Adopt Resolution No. 2006 -_ approving the Mitigated Negative Declaration (MND) for Dover Drive Sidewalk Project. 21. PURCHASE OF A SIX -POST MOBILE HOIST SYSTEM FOR THE EQUIPMENT MAINTENANCE DIVISION. 1) Approve the purchase of a six-post, 90,000 pound capacity mobile lifting system and accessories from Automotive Resources, Inc. at a cost of $60,228.96; and 2) approve a budget amendment (06BA- 080) to transfer $60,228.96 from unappropriated Internal Service Fund reserves into Account 6110 -9200 to fund the purchase. 22. SHORELINE OBSERVATION SYSTEM (SOS). 1) Approve the purchase and installation of the Newport Beach Shoreline Observation System (SOS); and 2) approve the sole source purchase of cameras and ancillary equipment from ISMS Inc., Shakespeare Composite Structures Mfg., and Pro 911 Systems. 23. BUDGET AMENDMENT FOR SIGNATURE VERIFICATION. Approve a budget amendment (06BA -078) from General Fund Unappropriated Fund Balance, 010 -3605 in the amount of $51,653 to Election Services, 0220 -8080, to pay the cost for the County of Orange Registrar of Voters to verify the signatures on the Debt initiative and the Greenlight II initiative petitions. 24. CERTIFICATION OF THE PETITION ENTITLED "VOTER APPROVAL FOR MAJOR DEVELOPMENTS OVER "AS BUILT CONDITION" OF CITY". 1) Approve the certification of the petition entitled "Voter Approval for Major Developments Over "As Built" Condition of City" from the Registrar of Voters, County of Orange, as presented by the City Clerk; and 2) direct staff to report back to Council on or before Tuesday, July 25, 2006 with the impacts of the initiative on municipal operations pursuant to Council action taken on January 24, 2006 and with the necessary actions required by Election Code Section 9215. 25. NEWPORT ISLAND CHANNELS OLOID PROJECT — CEQA DETERMINATION. Abandon the project indefinitely. 26. ACCEPTANCE OF ADDITIONAL URBAN AREA SECURITY INITIATIVE FUNDING TO ENHANCE THE IMPLEMENTATION OF THE OCILJ COPLINK DATA SHARING PROJECT. 1) On behalf of the Integrated Law & Justice Agency of Orange County (ILJAOC), accept for administrative purposes, Urban Area Security Initiative funding in the amount of $1,000,000 from the cities of Anaheim and Santa Ana (Grant Administrators) for the purpose of enhancing the implementation of the COPLINK Data Sharing Project; and 2) authorize the Administrative Services Director to place the funds in the appropriate revenue and expenditure accounts consistent with this action. 27. SOBER LIVING BY THE SEA — USE PERMIT NO. 2005 -031, OFFSITE PARKING AGREEMENT NO. 2005 -005, MODIFICATION PERMIT NO. 2005- 133 — 2811 VILLA WAY (PA 2005 -136) (contd. from 4/11/06 and 5/23/06). Continue to August 22, 2006. 28. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY 2005/2006 EXPENDITURE ACCOUNTS. Approve a budget amendment (06BA- 081) to increase revenue estimates by $11,000 in Account No. 4090.5893 (Library Foundation Donations) and increase expenditure estimates by the same amount in Division 4090 (Foundation). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR K. PUBLIC HEARINGS 29. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2006- 2007. Action: 1) Hold public hearing regarding the renewal of the Corona del Mar Business Improvement District; and 2) a. If protests represent less than 50 percent of the total assessment amount adopt Resolution No. 2006 -_ confirming the levy of the BID assessment for the 2006 -2007 fiscal year; OR b. If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the district. 30. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2006- 2007. Action: 1) Hold public hearing regarding the renewal of the Marine Avenue Business Improvement District; and 2) a. If protests represent less than 50 percent of the total assessment amount adopt Resolution No. 2006 confirming the levy of the BID assessment for the 2006 -2007 fiscal year; OR b. If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the district. 31. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION OF CONFIRMATION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2007. Action: 1) Hold public hearing regarding the renewal of the Restaurant Association Business Improvement District; and 2) a. If protests represent less than 50 percent of the total assessment amount adopt Resolution No. 2006 confirming the levy of the BID assessment for the 2007 fiscal year; OR b. If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the district. 32. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION OF CONFIRMATION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2006 -2007. Action: 1) Hold public hearing regarding the renewal of the Balboa Village Business Improvement District; and 2) a. If protests represent less than 50 percent of the total assessment amount adopt Resolution No. 2006 confirming the levy of the BID assessment for the 2007 fiscal year; OR b. If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the district. 33. GENERAL PLAN UPDATE: LAND USE, CIRCULATION AND HOUSING ELEMENTS. Action: Receive public comments on the referenced elements of the Draft General Plan, provide direction to staff on revisions and continue public hearing to July 11, 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 7 N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT W 34. PLANNING COMMISSION AGENDA FOR JUNE 22, 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. 35. 2006 -07 BUDGET ADOPTION. Action: 1) Straw vote the items included on the budget checklist and determine by individual vote if the checklist items should be included in the 2006 -07 budget; and 2) Adopt Resolution No. 2006 -_ approving the City's 2006 -07 Budget, as amended by any approved budget checklist items. 36. APPOINTMENTS TO BOARDS & COMMISSIONS. Action: Appointments to be made from the nominees to the Boards and Commissions listed below: Board of Library Trustees (1 vacancy - Vote for one) Theresa Chase (incumbent) Thomas Merrick City Arts Commission (1 vacancy - Vote for one) Gilbert Laskey (incumbent) Helen McCarthy Harbor Commission (3 vacancies — Vote for three) Timothy Collins (incumbent) John Corrough (incumbent) Tom Houston Karen Rhyne Scott Ramser Mark Sites Parks.-Reaches & Recreation Commission (3 vacancies - Vote for three) Gregory Ruzicka (incumbent) Barbara Durst - Taylor Marie Marston Robert Rush Cristine Trapp Jack Wu n 37. COUNCIL BUILDING COMMITTEE RECOMMENDATIONS REGARDING CITY HALL PROJECT PLANNING ISSUES. Action: 1) Based on the site assessment study from the citizen City Hall Site Review Committee, and the written response from The Irvine Company, affirm that the location of the new city hall and associated civic center will be on the current site; and 2) Approve $25,000 for entering into a contract with a new architectural firm to provide three (3) alternative exterior design concepts based on the existing floor plan. 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