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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, October 10, 2006 Regular Council Meeting - 7:00 p.m. u •, STEVEN ROSANSKY Mayor Pro Tem 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.usl 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. JEWPORT'BEACH 1405 20Q5 NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 8800 NEWPORT BOULEVARD October 10, 2006 STUDY SESSION - 4:00 p.m CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS �,ttsr k k:x,c,rxttkrr A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C. CLOSED SESSION REPORT (if auulicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION -Rev. Dr. Deborah Barrett, Zen Center of Orange County, Costa Mesa F. PRESENTATIONS Junior League of Orange County Proclamation Centennial Book Presentation Centennial Committee Recognition National Community Planning Month 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 1 Items 13 & 14 Amended & Agenda Reposted on 1015106. 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. NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 12) 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 MINUTESIORDINANCES-AND RESOLUTIONS MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETINGS OF SEPTEMBER 26, 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. RESOLUTIONS FOR ADOPTION 3. CONTINUED EMPLOYMENT WAIVER FROM PERS FOR POLICE CHIEF. Adopt Resolution No. 2006 -_ to the California Public Employees Retirement System (Ca1PERS) as required by law to allow Chief McDonell to continue his employment with the City until June 30, 2007, at which time he will leave the service of Newport Beach. CONTRACTS AND AGREEMENTS 4. UTILIZE URBAN AREA SECURITY INITIATIVE (UASI) FUNDS TO PURCHASE MULTI - DISCIPLINE COMMAND VEHICLE AND INTEROPERABLE COMMUNICATIONS EQUIPMENT. 1) Accept UASI grant funds to purchase a Multi- discipline Command Vehicle for $65,000; 2) accept UASI grant funds to purchase Interoperable Communications Equipment for $62,000; 3) authorize a budget amendment (07BA -017) increasing revenue estimates by $127,000 in 2351 -4866, UASI Grant, and increasing expenditure appropriations by $65,000 in 2351.9030, UASI Grant Vehicle, and by $62,000 in 2351.9031, UASI Grant Equipment; and 4) approve a sole source contract with 911 Vehicles with an amount not to exceed $65,000 for the Command Vehicle, and Motorola with an amount not to exceed $62,000 for the Interoperable Communication Equipment. 5. CITYWIDE COST ALLOCATION PLAN AND COST OF SERVICES STUDY. 1) Authorize the City Manager to execute a Professional Services Agreement in substantially similar form to the submitted draft agreement with Public Resource Management, LLC (PRM), to develop a defensible cost allocation plan and to identify and analyze the cost of providing City services; and 2) approve a budget amendment (07BA -018) in the amount of $47,400. Itema 13 & 14 Amended & Agenda Repeated on 1015106. 6. AGREEMENT FOR COLLECTION OF SCHOOL FEES PURSUANT TO EDUCATION CODE SECTION 17620. Approve the Agreement with the Newport - Mesa Unified School District to allow the City to collect development fees on behalf of the School District. APPROVAL OF AN AGREEMENT WITH THE COUNTY OF ORANGE FOR THE BRISTOL STREET NORTH — STREET REHABILITATION (C- 3815). Approve the proposed Agreement between the City of Newport Beach and the County of Orange to add resurfacing of the County owned portions of the intersection at Bristol Street North and Campus Dive as a part of the Bristol Street North between Campus Drive and Jamboree Road Street Rehabilitation project and authorize the Mayor and City Clerk to execute the Agreement. 8. DONNA AND JOHN CREAN MARINERS BRANCH LIBRARY AND TENNIS COURTS — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3496). 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. 9. REQUEST FOR PROPOSALS (RFP) — WIRELESS FIDELITY ("Wi -Fi ") NETWORK ACROSS NEWPORT BEACH (contd. from 9/26/06). 1) Authorize the City Manager to issue a Request for Proposals (RFP) for wireless communication facilities citywide in a manner similar to the draft RFP attached to the staff report; and 2) direct that responses to the RFP be brought back to the Media & Communications Committee for further review and recommendation. 10. ACCEPTANCE OF U. S. DEPARTMENT OF JUSTICE 2006 BYRNE GRANT. 1) Accept for administrative purposes, the U. S. Department of Justice, Office of Justice Programs 2006 Byrne Grant Award in the total amount of $24,681 for the Orange County Integrated Law and Justice Project; 2) authorize the Administrative Services Director to establish revenue and expenditure accounts in the Capital Improvement Budget to facilitate the administration of these grant funds; and 3) authorize the Chief of Police to sign the FY06 Office of Justice Programs 2006 Byrne Grant Award Acceptance Form, accepting the Grant Allocation. 11. ACCEPTANCE OF 2005 -2007 STATE OF CALIFORNIA, OFFICE OF TRAFFIC SAFETY (OTS) DUI PROGRAM GRANT FUNDS. 1) Accept the 2005- 2007 State of California, OTS DUI Grant Award not to exceed $298,384.74 for the purpose of DUI enforcement patrols and DUI checkpoints; 2) authorize the Administrative Services Director to establish an account to facilitate the administration of these reimbursement grant funds; and 3) authorize the Chief of Police to sign appropriate grant acceptance documents. 12. APPOINTMENTS TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC). Confirm Council Member Ridgeway's appointment of Kimberly Jameson to the District 1 regular member seat and Bruce Asper to the District 1 at -large seat on the Environmental Quality Affairs Committee (EQAC). ACTION; MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. Items 13 & 14 Amended & Agenda Repeated on 1015!06. U MUM C 111 / 1: K. PUBLIC HEARINGS 13. KOLL CENTER NEWPORT, 4450 MACARTHUR BLVD., GENERAL PLAN AMENDMENT NO. 2006 -003, PLANNED COMMUNITY DEVELOPMENT AMENDMENT NO. 2006 -001 (PA2006 -095) - MITIGATED NEGATIVE DECLARATION AND GENERAL PLAN AMENDMENT TO INCREASE THE TOTAL GROSS FLOOR AREA OF GENERAL OFFICE IN SUB AREA 1 -1 (OFFICE SITE A) OF THE AIRPORT AREA (STATISTICAL AREA L4) BY 24,016 GROSS SQUARE FEET; AND AN AMENDMENT TO THE KOLL CENTER NEWPORT PLANNED COMMUNITY (PC -15) TO ALLOW THE TRANSFER OF 24,016 GROSS SQUARE FEET OF UNUSED RETAIL, RESTAURANT AND OFFICE SQUARE FOOTAGE FROM OFFICE SITE B TO OFFICE SITE A (PROPOSAL TO CONSTRUCT A 21,311 SQUARE FOOT, TWO - STORY OFFICE BUILDING OVER A SUBTERRANEAN PARKING GARAGE ON A 1.49 -ACRE SITE AT 4450 MACARTHUR BOULEVARD). Action: 1) Conduct public hearing; 2) Approve the request by adopting Resolution No. 2006 -_ approving General Plan Amendment No. 2006 -003 and adopting Mitigated Negative Declaration (SCH No. 2006- 081039); and 3) Introduce Ordinance No. 2006 -_ approving Planned Community Development Amendment No. 2006 -001, and pass to second reading on October 24, 2006. 14. PLANNED COMMUNITY DEVELOPMENT AMENDMENT NO. 2006-004 (PA2006 -173) - AMENDMENT TO THE AERONUTRONIC FORD PLANNED COMMUNITY DEVELOPMENT PLAN PROHIBITING NEW RESIDENTIAL SUBDIVISIONS IN PLANNING AREA 5. Action: 1) Conduct public hearing; and 2) Approve Planned Community Development Amendment No. 2006 -004 by introducing Ordinance No. 2006 -_, and pass to second reading on October 24, 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 — 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 4 Items 13 & 14 Amended & Agenda Repeated on 3015/06. Status report — Other Committee Activities N. PLANNING COMMISSION AGENDA AND_ORAL STATUS-REPORT In 12 15. PLANNING COMMISSION AGENDA FOR OCTOBER 5, 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. 16. MARINA PARK CONCEPT PLAN — PROPOSAL FOR A PARK + VISITOR - SERVING (SHORT -TERM STAY) MARINA. Action: 1) Review and discuss a Concept Plan that includes a park and a visitor- serving marina (the "Park + Marina Plan "); and 2) Offer further direction to City staff as to additional design needed, community outreach, and the next steps in the Plan's development. 17. COUNCIL POLICY MANUAL UPDATE FOR 2006. Action: Approve the proposed revisions to Council Policies B -2, B -6, B -13, F -3, F -8, I.2, I -3, I -4, I -7, I -8, L 1, L-2, L -12, L-16 and L-23, and the addition of Council Policy B -5. 18. COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE AND ORANGE COUNTY DEVELOPMENT AGENCY REGARDING THE FOLLOWING ISSUES WITHIN OR ADJACENT TO THE CITY'S SPHERE OF INFLUENCE ("SPHERES ISSUES -): JOHN WAYNE AIRPORT, SANTA ANA HEIGHTS, NEWPORT BAY. Action: As recommended by the City Manager and the City Council's Ad Hoc Sphere Issues Committee: 1) Authorize the Mayor to execute a Cooperative Agreement with the County of Orange and the Orange County Development Agency (OCDA) in a manner substantially similar to the draft agreement provided with the staff report; 2) Direct staff to forward the document to the Board of Supervisors for review and approval; 3) Authorize the City Manager to make minor changes to the Agreement if requested by the County, provided such changes are reviewed and approved by the City Council's Ad Hoc Sphere Issues Committee; and 4) Direct staff to provide a final executed copy of the Agreement to the City Council and make it available to the public via the City's website following execution by the County. Items 13 & 14 Amended & Agenda Reposted on 1015/06. Q. MOTION FOR RECONRIDERATION 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 Items 13 & 14 Amended & Agenda Repeated on 10/5106.