HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, June 13, 2006
Regular Council Meeting - 7:00 p.m.
DON WEBB
MAYOR
STEVEN ROSANSKY EDWARD D. SELICH
Mayor Pro Tern Council Member
TOD W. RIDGEWAY
Council Member
LESLIE J. DAIGLE
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.
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NEWPORT BEACH 1906 - 2006
NEWPORT BEACH CITY COUNCIL AGENDA
COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD
June 13, 2006
STUDY SESSION — 3:00 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 applicable)
D. PLEDGE OF ALLEGIANCE
E. INVOCATION — Reverend Robert Jordan Ross, Newport Universalist Society
F. PRESENTATIONS
Youth Council Presentation
Library Foundation Presentation of Check
OASIS Presentation
Orange County Section of the American Planning Association (OCAPA) Awards:
Outstanding Planning Implementation Award (Small Jurisdiction) - Sign Regulations
and Sign Design Guidelines
Outstanding Comprehensive Planning Award (Small Jurisdiction) - Local Coastal
Program Coastal Land Use Plan
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 fine 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 (I - 25) 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 OFMINUTES/ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF
MAY 23, 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
MULTIPLE VESSEL MOORING SYSTEM PILOT PROGRAM. Introduce
Ordinance No. 2006 related to Moorings, and pass to second reading on June 27,
2006.
RESOLUTIONS FOR ADOPTION
4. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF
SEASHORE DRIVE, NEWPORT BOULEVARD AND BALBOA BOULEVARD,
BACK BAY DRIVE, SELECTED PARKING LOTS, AND SELECTED FEEDER
STREETS FOR THE JULY 4TH HOLIDAY. Adopt Resolution No. 2006 -_
5. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL:
ANNUAL REPORT FOR SHORTENED FISCAL YEAR 2005 -2006, AND
ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL
YEAR 2006 -2007. 1) Approve the Annual Report for the shortened 2005 -2006
Corona del Mar Business Improvement District Fiscal Year; and 2) adopt Resolution
of Intention No. 2006 -_ to levy Assessments for FY 2006 -2007, and set the public
hearing for June 27, 2006.
6. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL:
ANNUAL REPORT FOR SHORTENED FISCAL YEAR 2006, AND ADOPTION
OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2006 -2007.
1) Approve the Annual Report for the shortened 2006 Marine Avenue Business
Improvement District Fiscal Year; and 2) adopt Resolution of Intention No. 2006 -_
to levy Assessments for FY 2006 -2007, and set the public hearing for June 27, 2006.
7. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT
RENEWAL: ANNUAL REPORT FOR SHORTENED FISCAL YEAR 2006 AND
ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL
YEAR OF JULY 1, 2006 TO JUNE 30, 2007. 1) Approve Restaurant Association
Business Improvement District shortened Fiscal Year 2006 Annual Report; and
2) adopt Resolution of Intention No. 2006 -_ and set the public hearing for June 27,
2006.
S. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL:
ANNUAL REPORT FOR FISCAL YEAR 2006 AND ADOPTION OF
RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2007.
1) Approve Balboa Village Business Improvement District FY 2006 Annual Report;
and 2) adopt Resolution of Intention No. 2006 and set the public hearing for June
27. 2006.
CONTRACTS AND AGREEMENTS
9. APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) WITH
THE CALIFORNIA COASTAL COMMISSION FOR CORONA DEL MAR
STATE BEACH REPLENISHMENT FUNDS. Authorize the City Manager to
execute an MOU with the California Coastal Commission for sand replenishment
projects in the Crystal Cove Littoral Subcell with a first priority project at the east
end of Corona del Mar State Beach.
10. NEWPORT SHORES PAVEMENT REHABILITATION - COMPLETION AND
ACCEPTANCE OF CONTRACT (C- 3721). 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 -072) transferring $5,000 from State Gas Tax unappropriated fund
balance to 7181- C5100769 to cover additional soils testing required to be performed.
11. WEST NEWPORT PAVEMENT REHABILITATION - COMPLETION AND
ACCEPTANCE OF CONTRACT (C- 3723). 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.
12. FLASHING CROSSWALK AT COAST HIGHWAY AND ORCHID AVENUE -
AWARD OF CONTRACT (C- 3831). 1) Approve the plans and specifications;
2) award the contract (C -3831) to Steiny & Company for the total bid price of
$107,816 and authorize the Mayor and the City Clerk to execute the contract;
3) establish an amount of $10,780 to cover the cost of unforeseen work; and
4) approve a budget amendment (06BA -071) appropriating $51,596 from the
unappropriated balance of the Transportation and Circulation Fund to Account No.
7261- C5200838 and transferring $34,000 from the Newport Boulevard/Balboa
Boulevard Merge Area Pedestrian Improvement Project (7181- C5200833) to the
Flashing Crosswalk at Coast Highway and Orchid Project (7181- C5200838).
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13. IRVINE AVENUE AND DOVER DRIVE 24" WATER MAIN — AWARD OF
CONTRACT (C- 3708). 1) Approve the plans and specifications; 2) award the
contract (C -3708) to Vadnais Corporation for the total bid price of $2,827,049 and
authorize the Mayor and the City Clerk to execute the contract; and 3) establish an
amount of $300,000 to cover the cost of unforeseen work and $50,000 for materials
testing and geotechnical services.
14. PURCHASE OF A 5 -TON BRIDGE CRANE FOR BUILDING W AT THE
CORPORATION YARD. Approve the contract with Otto Systems for the purchase
and installation of the bridge crane at the cost of $59,238.
15. AGREEMENT WITH ORANGE COUNTY STRIPING SERVICES, INC. FOR
ON -CALL STREET STRIPING AND SIGN INSTALLATION. Approve the
contract with Orange County Striping Services, Inc. for street striping, pavement and
curb marking, and sign installation on an on -call basis.
16. PROPOSED MODIFICATIONS TO CITY ATTORNEYS EMPLOYMENT
AGREEMENT. Approve a two year employment agreement with the City attorney,
which includes a 5% salary increase, effective June 1, 2006, and a 5% salary increase
the second year, effective June 1, 2007.
17. CONTRACT FOR PURCHASE AND INSTALLATION OF SHADE
STRUCTURES AT BONITA CANYON SPORTS PARK. 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.
MISCELLANEOUS
18. BOARD AND COMMISSION SCHEDULED VACANCIES - CONFIRMATION
OF NOMINEES. 1) Accept the resignation of Allen Doby, Parks, Beaches &
Recreation Commission, effective June 1, 2006, and approve the recommendation of
the Ad Hoc Appointments Committee to fill the vacancy in conjunction with the
scheduled vacancies; 2) accept the resignation of Harry Hamilton, Library Board of
Trustees, effective June 30, 2006, and direct the City Clerk to advertise the vacancy
pursuant to Council Policy A -2 and direct the currently appointed ad hoc
Appointments Committee (Mayor Pro Tem Rosansky and Council Members Daigle
and Selich) to review the applications and recommend nominees to the full Council;
and 3) confirm the nominations made by the Ad Hoc Appointments Committee (as
listed in staff report).
19. REQUEST FOR ADDITIONAL FUNDING FOR PROPOSED
UNDERGROUND ASSESSMENT DISTRICT NO. 87 (BIG BALBOA ISLAND).
Authorize a budget amendment (06BA -073) from General Fund Unappropriated
Reserves in the amount of $31,800 to Assessment District No. 87, Account No. 74087-
9810 for electrical design.
20. AUTHORIZE THE PURCHASE OF REPLACEMENT COMPUTER SERVERS
FOR USE BY THE ORANGE COUNTY INTEGRATED LAW AND JUSTICE
PROGRAM. Authorize the purchase of six (6) PowerEdge Computer Servers from
Dell for use by the Orange County Integrated Law and Justice Program in the
amount of $42,431.34 (funding through the 2002 COPS Technology Grant),
4
21. ACCEPTANCE OF URBAN AREAS SECURITY INITIATIVE (UASI) GRANT
FUNDS FOR TRAINING COSTS. 1) Accept funds ($50,173) from the UASI Grant
(06BA -074) for reimbursing training related costs associated with Department of
Homeland Security (DHS) courses for the Police & Fire Departments; 2) authorize
the establishment of a revenue account to facilitate the administration of the UASI
Grant Funds; and 3) authorize the Chief of Police to sign the FY05 Santa Ana
Allowable Purchase Pre - Approval Form, accepting the Grant Training Allocation.
22. DBE SUBMITTAL. 1) Approve the DBE Program for the City of Newport Beach for
Federal Fiscal Year beginning October 1, 2006 and ending September 30, 2007;
2) authorize the Public Works Director to submit the approved DBE Program to
Caltrans staff; and 3) designate Bill Patapoff, City Engineer, as the City's DBE
Liaison Officer.
23. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT
BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR
FY2005/2006 EXPENDITURE ACCOUNTS. Approve a budget amendment (06BA-
076) to increase revenue estimates by $111,823 in Account No. 4090 -5893 (Library
Foundation Donations) and increase expenditure estimates by the same amount in
Division 4090 (Foundation) and 4060 (Literacy).
24. APPROVAL OF STOCK TRANSFER BY EIP ASSOCIATES, INC. Approve
transfer of 100% of EIP Associates, Inc. stock to PBS &J, pursuant to Paragraph 14 of
Professional Services Agreement dated June 10, 2003.
25. AUTHORIZE PURCHASE OF ADDITIONAL TASERS TO FULLY EQUIP ALL
UNIFORMED FIELD POLICE OFFICERS WITH THE DEVICE. Authorize the
sole purchase of 43, N -26 Tasers and replacement cartridges in the amount of
$39,191 to fully equip uniformed field personnel with this less lethal device.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR,
EXCEPT FOR THOSE ITEMS REMOVED.
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
K. PUBLIC HEARINGS
26. FISCAL YEAR 2006 -07 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 27, 2006 and direct the
preparation of the Budget Resolution for adoption at the
Council Meeting of June 27, 2006 including any "checklist"
items that are recommended for approval.
27. 2006 -07 APPROPRIATION LIMIT HEARING.
Action: 1) Conduct public hearing; and
2) Adopt Resolution No. 2006 -� approving the City's
Appropriation (Gann) Limit for the 2006.07 fiscal year in the
amount of $125,314,360.
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28. 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.
Action: 1) Conduct public hearing; and
2) Approve Code Amendment 2006 -004 by introducing
Ordinance No. 2006 -_ and pass to second reading on June
27, 2006.
29. GENERAL PLAN UPDATE: LAND USE AND CIRCULATION ELEMENTS,
DRAFT ENVIRONMENTAL IMPACT REPORT AND IMPLEMENTATION
PROGRAM.
Action: Receive public comments on the referenced elements of the Draft
General Plan, the Draft Environmental Impact Report (DEIR) and
the Implementation Program; provide direction to staff on revisions
to the referenced elements of the Draft General Plan, provide City
Council comments on the draft EIR and continue public hearing to
June 27, 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.
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
PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
30- PLANNING COMMISSION AGENDA FOR JUNE 1, 2006.
Action: 1) Receive oral report on the most recent Planning Commission
actions;
2) Council Member appeal
Modification Committee or
subject to appeal; and
3) Receive and file written report.
of Planning Commission,
Planning Director approvals
0. CONTINUED BUSINESS
31. NON - STANDARD IMPROVEMENTS AT 6707 AND 6709 SEASHORE DRIVE
(contd. from 5/23/06).
Action: 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.
32. REQUEST TO CONSTRUCT NON - STANDARD IMPROVEMENTS IN THE
PUBLIC RIGHT -OF -WAY- 3431 OCEAN BOULEVARD (contd. from 5/23/06).
Action: 1) Deny the Owner's request to construct non - standard
encroachments, which includes, but are 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 as presented on
the latest grading plan received by staff; and
Direct owner to enter into an encroachment agreement with
the City to maintain the existing walls and planters
encroachments in the public right -of -way to the satisfaction of
the Public Works Department.
OR
2) Approve a limited expansion of the existing encroachments in
the public right -of -way and direct staff to prepare an
encroachment agreement and permit for the non - standard
improvements in the public right -of -way fronting 3431 Ocean
Boulevard.
P. CURRENT BUSINESS
33. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY (OC CRUISER).
Action: Approve the issuance of a permit to OC Cruiser to operate two
vehicles for hire subject to conditions.
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