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HomeMy WebLinkAbout09/13/2005 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting September 13, 2005 — 7:00 p.m. - 4:00 p.m CLOSED SESSION - 5:40 p.m. A- RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Rosansky E. INVOCATION - Pastor Kerry Beaulieu, Our Lady Queen of Angels Church F. PRESENTATIONS Presentation of plaques to outgoing Board and Commission members. Mayor Heffernan presented recognition plaques to outgoing Planning Commissioner Edward Selich, City Arts Commissioner Kathy Harrison, and Parks, Beaches & Recreation Commissioner Val Skoro. Proclamation for William Lusk. Mayor Heffernan presented a proclamation to William Lusk honoring and commending him for his community service, and proclaiming August 10, 2005, as William D. Lusk Day. Cultural Arts Grants Presentation. City Arts Commission Chairman Kirwan Rockefeller and Mayor Heffernan presented checks to the 2005/2006 Cultural Arts Grants recipients, which included Ballet Pacifica, Baroque Music Festival, Bowers Musuem, City Arts Commission, Festival Ballet Theatre, Laguna Playhouse, Newport Beach Film Festival, Orange County Musuem of Art, Orange County's Pacific Symphony, Philharmonic Society of Orange County, South Coast Repertory, Southland Opera, Stella Dance Company and STOP -GAP. Proclamation for Race for the Cure Day. Presentation of proclamation by Mayor Heffernan commending the Susan G. Komen Breast Cancer Foundation and proclaiming September 25, 2005, as Race for the Cure Day. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS Volume 57 - Page 409 City of Newport Beach City Council Minutes September 13, 2005 WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Mayor Pro Tem Webb announced that there are 352 days until the City's 100th birthday, and he shared a "centennial moment ". Council Member Daigle announced that on September 14, 2005, the Conference on Women will be taking place at the Balboa Bay Club. Council Member Daigle announced that the Pacific Triathlon was held on September 11, 2005, at Crystal Cove, and commended those involved. City Manager Bludau announced that this year's "Mess Night" for the 1st Battahon/lst Marines will be held on September 29, 2005. Additional information can be obtained by calling (949) 644 -3202. Reservations are required. I. CONSENT CALENDAR (Items 1 - 10 & S19) READING OF MZNUTESIORDINANCES AND RESOLUTIONS 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 3. RECOMMENDATION TO RESCIND THE ECONOMIC ADVISORY COMMITTEE OF THE CITY COUNCIL [100- 20051. Adopt Resolution No. 2005 -46 rescinding the City Council Economic Advisory Committee. CONTRACTS AND AGREEMENTS 4. MEMORANDA OF UNDERSTANDING (MOU) WITH ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS (contd. from 8/23/05) [381100- 20051. Approve the MOU [C- 2058(A)] with the Association of Newport Beach Ocean Lifeguards (ANBOL) for the two -year period of April 2005 through March 2007. 5. MEMORANDUM OF UNDERSTANDING (MOU) WITH POLICE EMPLOYEES (C -2056) AND POLICE MANAGEMENT (C -2932) ASSOCIATIONS [381100- 20051. Approve the MOUs with the Police Employees Association (PEA) and Police Management Association (PMA) for the two -year period of January 2005 through December 2006. 6. MEMORANDA OF UNDERSTANDING (MOU) WITH CITY EMPLOYEES ASSOCIATION (C- 2059), PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION (C -2051) AND EMPLOYEES LEAGUE (C- 2065), AND SALARY AND BENEFIT ADJUSTMENTS FOR KEY AND MANAGEMENT EMPLOYEES [381100- 20051. 1) Approve the MOUs with the City Employees Association, Professional and Technical Association and Employees League for the two - year period of July 2005 through June 2007; and 2) approve the same salary and benefit adjustments for Key and Management employees. Volume 57 - Page 410 City of Newport Beach City Council Minutes September 13, 2005 7. MEMORANDUM OF UNDERSTANDING (MOU) AND BUDGET AMENDMENT - UPPER NEWPORT BAY NATURE PRESERVE ACCESS AND RESTORATION PROJECT (C -3592) [381100 - 20051. Item continued to the City Council meeting of September 27, 2005. 9. MORNING CANYON STABILIZATION PROJECT - AWARD OF CONTRACT (C -3517) [381100- 2005]. 1) Approve the drawings and specifications; 2) adopt Resolution No. 2005 -47 finding that the conditions in Morning Canyon constitute an emergency situation and that staff is directed to move forward with the Morning Canyon Stabilization Project so work can be completed in advance of the rain season and continue working with California Coastal Commission staff to secure a Coastal Development Permit and make their best efforts to incorporate the conditions of the permit into the ongoing project; 3) award the contract (C -3517) to Sunquest General Engineering for the total bid price of $796,518.50, and authorize the Mayor and the City Clerk to execute the contract; 4) authorize the City Manager to enter into a contractual reimbursement agreement with the owners of 601 Rockford Road and 515 Rockford Place for their share of the proposed improvements, allow for the City Attorney to approve any nonsubstantive changes to these agreements that would not impair the City's liability interest, and obtain a deposit of $300,000 from the owners, which also contains a waiver /release; 5) establish an amount of $60,000 to cover the cost of unforeseen work; and 6) approve Geotechnical work in the amount of $10,000. MISCELLANEOUS ACTIONS 10. AUTHORIZE ACCEPTANCE OF FUNDS TO OFFSET PURCHASE OF FIREARMS FOR POLICE PATROL VEHICLES [100 - 2005]. 1) Authorize the City Manager to accept donations in the amount of $11,597.56 from the Newport Beach Police Employees Association and $5,798.78 from the Newport Beach Police Management Association for the purchase of additional AR -15 rifles; and 2) approve the placement of the funds into the Police Department's Patrol Donations Account #1820 -5901 and increase revenue estimates by this amount (06BA -012). 519. BUDGET AMENDMENT AND AUTHORIZATION TO PURCHASE 1.88 ACRES OF LAND AT SUPERIOR AND PACIFIC COAST HIGHWAY (CALTRANS PARCEL DD #40766- 01-02; SUNSET RIDGE PARK) [381100- 2005]. 1) Authorize the Mayor to execute a Purchase and Sale Agreement (C -3743) for Parcel DD #40766 -01 -02 provided that the Agreement is substantially similar to the term sheet attached to the staff report; and 2) approve a budget amendment (06BA -013) in the amount of $175,000 from the Unappropriated Park In Lieu Reserves, 010 -3767, to account number 7021- C5100515. Motion by Mayor Pro Tern Webb to approve the Consent Calendar; except for those items removed (l, 8); and noting the modification to Item No. 9; the continuation of Item No. 7; and the No vote by Council Member Nichols on Item Nos. 4, 5 and 6. Volume 57 - Page 411 City of Newport Beach City Council Minutes September 13, 2005 The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols J. PUBLIC HEARINGS 11. COMPREHENSIVE SIGN CODE UPDATE AND SIGN DESIGN GUIDELINES MANUAL (contd. from 8/23/05) [100 - 20051. City Manager Bludau noted that Council Member Selich is recommending the addition of a section to the sign design guidelines that would further reduce the letter height on building signs that are close to a street. A handout was provided and further explanation was provided by Planning Manager Berger. After a brief discussion, it was decided that an 18 -inch minimum requirement should also be included in the added section. Motion by Council Member Ridgeway to introduce Ordinance No. 2005 -17, to repeal Chapter 20.67 of the NBMC and adopt a new Chapter 20.67 pertaining to regulation of signs on a citywide basis, except the Newport Coast and Newport Ridge Planned Communities, or where regulations conflict with regulations established in the Santa Ana Heights Specific Plan and all other commercially - zoned Planned Communities, and related amendments to Title 20 of the NBMC to repeal the Sign Regulations and related references on Districting Maps of the Mariner's Mile Specific Plan and Balboa Sign Overlay, and amendment to add Subsection L to Section 10.50.020 of Chapter 10.50; noting the changes to the sign design guidelines as discussed; and pass to second reading on September 27, 2005. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle Abstained: Council Member Nichols H. PUBLIC COMMENTS Jim Hildreth discussed an access issue at the southwest end of the Grand Canal. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC). Council Member Selich announced that GPUC has not met since his last report, but that he has been meeting with staff to formulate the alternatives that will be included in the EIR. Local Coastal Program Certification Committee. Council Member Ridgeway announced that the hearing for the land use element of the Local Coastal Plan will be held on October 12 or 14, 2005, in San Diego. Newport Coast Advisory Committee (NCAC). Mayor Heffernan listed the issues discussed by the NCAC at the September 12, 2005, meeting and reported that the next meeting will be held on November 7, 2005. Mariners Joint Use Library Ad Hoc Steering Committee. Mayor Pro Tem Volume 57 - Page 412 City of Newport Beach City Council Minutes September 13, 2005 Webb reported that the library should be finished shortly after the first of the year. City Centennial 2006 Committee. Mayor Pro Tem Webb reported that the committee met on September 1, 2005, and will meet again on September 15, 2005. He announced that the first event, "Let's Do Launch ", will be held on October 2, 2005, at the Newport Dunes. Tickets can be purchased online at www.newportbeach100.com or by contacting the Recreation & Senior Services Department. City Council/Citizens Ad Hoc Committee for Marina Park Planning. Mayor Pro Tem Webb announced that the committee will be meeting on September 20, 2005, at 4:00 p.m. in the Council Chambers to discuss recommendations from the subcommittees on goals for evaluating the various different proposals. City Council Ad Hoc Marina Park Advisory Committee. No report. M. CONTINUED BUSINESS 17. REVIEW OF GENERAL PLAN UPDATE CIRCULATION SYSTEM AND SELECTION OF PROJECT DESCRIPTION FOR ENVIRONMENTAL IMPACT REPORT [681100 - 2005). [Item taken out of order] Planning Director Temple referred to the letter in the staff report from Urban Crossroads and noted the seven significant future roadway improvements summarized in the letter. She explained that these controversial improvements were eliminated from the circulation system to provide a worst case scenario for purposes of analyzing the alternatives. Two of the seven were determined by the traffic engineer to have the greatest impact and were retained for purposes of the EIR analysis. These included the extension of 19th Street across the Santa Ana River and the widening of Coast Highway through Mariner's Mile. The Planning Commission additionally suggested that the extension of 15th Street to Coast Highway also be included. Carlton Waters, Urban Crossroads, discussed some of the other potential roadway improvements. Mayor Pro Tem Webb suggested that the improvement to widen Jamboree Road north of Ford Road be clarified to specify north of Ford Road to San Diego Creek. Motion by Council Member Selich to accept the recommendations of the Planning Commission for the future roadway improvements that should be included in preparing the EIR, and noting the clarification made by Mayor Pro Tem Webb. Jim Hildreth stated that updated numbers need to be presented and used for the traffic studies, and neighboring cities need to be included in the process. The motion carried by the following roll call vote: .Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 12. CIVIC CENTER FINANCE TEAM STATUS REPORT [351100- 20051. City Manager Bludau utilized a PowerPoint presentation and discussed the overall financing objectives for the construction of a new City Hall, fire station and parking structure. Administrative Services Director Danner introduced the members of the finance team and the functions of each. He provided information on the use of Volume 57 - Page 413 City of Newport Beach City Council Minutes September 13, 2005 Certificates of Participation (COP's) in California, and the financing options that were looked at by the finance team. Robert Porr, financial advisor with Fieldman, Rolapp & Associates, stated that the finance team is recommending that COP's be used to finance the City Hall project. He provided more detailed information on COP's, examples of lease term options, sources and uses of funds, and the benefits of bond insurance. He confirmed that residents of Newport Beach can purchase the COP's. Mr. Porr listed the financing instruments used by the City for previous projects, and the sequence of events that would take place if COP's are chosen for the City Hall project. Dave McEwen, bond counsel with Stradling Yocca Carlson & Rauth, and Bill Huck, underwriter with Stone & Youngberg, also members of the finance team, introduced themselves. Mr. McEwen provided additional information on the similarities and differences between COP's and general obligation bonds, and discussed insurance requirements. The City Council requested that the incremental costs of occupying the new City Hall also be provided. Alan Oleson agreed with a recent quote by Mayor Heffernan that a silent majority exists in the City, and stated that the silent majority supports the decisions of the City Council. James Turner disagreed with the numbers presented earlier in the meeting, and asked for a comparison of the interest costs between a COP and a general obligation bond. Jim Hildreth stated that the Council Members and City employees should be excluded from buying the COP's due to a conflict of interest. John Buttolph expressed frustration that the project's costs keep changing and with the difficulty in obtaining information, and the lack of discussion about the initiative. John Nelson stated that those that oppose the City Hall project are not representing the majority. He expressed his support for the City Council and the project. Mr. McEwen confirmed that the initiative petition and its impact will have to be disclosed, and stated that an analysis is currently being conducted. Council Member Ridgeway provided information on the City's fiscal health and the new revenues that are expected in the future. Mayor Heffernan recessed the meeting at 10:05 p.m. The meeting was reconvened at 10:17 p.m. Council Member Daigle left the meeting at 10:17 p.m. 13. RESOLUTION AUTHORIZING THE CITY MANAGER TO REJECT DOCUMENTS RELATING TO THE TRANSFER OF ADELPHIA'S FRANCHISE TO EITHER TIME WARNER OR COMCAST (contd. from 8/23105) [421100- 20051. Assistant City Manager Kiff explained that Rutan and Tucker, special counsel on cable communication issues, has advised the City to reject the transfer of Adelphia if Volume 57 - Page 414 City of Newport Beach City Council Minutes September 13, 2005 enough documentation is not received from the new subsidiary of Time Warner to make a finding that it would be an appropriate transfer to make and that they can adequately serve the customer base. If rejected, Time Warner could reapply with documentation showing that the transfer is appropriate. Motion by Mayor Pro Tem Webb to adopt Resolution No. 2005 -48 authorizing the City Manager (or a City staff member designated by the City Manager) to reject one or more Federal Communications Commission (FCC) forms relating to the transfer of one of the City's cable franchises. Jim Hildreth expressed support for Adelphia, and opposition to the City Manager having the authority to reject the transfer. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Nichols Absent: Council Member Daigle 14. COUNCIL POLICY MANUAL UPDATE FOR 2005 AND PUBLIC MEETING TO CONSIDER. CITY S STATEMENT OF INVESTMENT POLICY (POLICY F -1) (contd. from 8/23/05) [100 - 2005]. Assistant City Manager Kiff provided the staff report and noted that Council Policy B -5 was deleted at a previous City Council meeting and does not need to be a part of the action at the current meeting. Council Member Nichols expressed concerns that the Council Policy Manual is not reviewed more thoroughly in the public forum. Motion by Council Member Nichols to continue the item. The motion did not receive a second and was lost. Motion by Mayor Pro Tem Webb to approve the proposed revisions to B -1, B -2, B -6, B -7, B -8, B -10, B -13, B -14, F -1, F -2, F -3, F -15 and L -2; and addition of F -25 to the Council Policy Manual. Council Member Rosansky expressed concerns regarding the revisions to Council Policy L -2, Driveway Approaches. Substitute motion by Council Member Ridgeway to approve the proposed revisions to B -1, B -2, B -6, B -7, B -S, B -10, B -13, B -14, F -1, F -2, F -3 and F -15; and addition of F -25 to the Council Policy Manual; and continue the revision to L -2. The substitute motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Nichols Absent: Council Member Daigle 15. ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATION: NEWPORT RIDGE PARK (contd. from 8123/05) [100 - 2005]. Council Member Ridgeway and Mayor Pro Tem Webb both expressed the opinion Volume 57 - Page 415 City of Newport Beach City Council Minutes September 13, 2005 N. R that the baseball fields should be a part of the public park. Motion by Council Member Rosansky to direct the Newport Coast Advisory Committee to review and refine the Open Space Goals outlined in the Pre - Annexation Agreement at the NCAC's September meeting and to return a recommendation to the City Council for confirmation. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Nichols Absent: Council Member Daigle 16. DESIGNATION OF VOTING DELEGATE FOR 2005 LEAGUE ANNUAL CONFERENCE - OCTOBER 6 - 8, 2005 IN SAN FRANCISCO (contd. from 8/23/05) [100- 2005]. Motion by Mayor Pro Tem Webb to designate Council Member Daigle as the City's voting delegate for the conference. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Nichols Absent: Council Member Daigle 18. COUNCIL CONSIDERATION OF PROVIDING DISASTER SUPPORT FOR THE HURRICANE KATRINA RELIEF EFFORT [100- 2005]. City Manager Bludau stated that staff feels that goods would be difficult to accept, and is recommending that donations only be considered. A brief discussion followed on the various ways that the City Council could support the relief efforts. Motion by Council Member Rosansky to authorize the donation of $10,000 each to the cities of New Orleans and Biloxi. Jim Hildreth agreed that the donation should be given from the Newport Beach City Council to the other City Councils. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway Abstained: Council Member Nichols Absent: Council Member Daigle ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE SPECIAL MEETING OF AUGUST 16, 2005, ADJOURNED REGULAR MEETING AND REGULAR MEETING OF AUGUST 23, 2005 AND ADJOURNED REGULAR MEETING OF AUGUST 30, 2005. Volume 57 - Page 416 City of Newport Beach City Council Minutes September 13, 2005 Jim Hildreth stated that the information provided in the minutes is not complete. Motion by Mavor Pro Tem Webb to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Nichols Abstained: Council Member Ridgeway Absent: Council Member Daigle 8. BACK BAY SCIENCE CENTER CONTRACT (C -3460) - APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH RON YEO, FAIA ARCHITECT, INC. [381100- 2005]. Council Member Nichols expressed opposition to the project. Motion by Mayor Pro Tem Webb to approve Amendment No. 2 to Professional _Services Agreement with Ron Yeo, FAIR, Architect, Inc. for additional compensation of $54,782 and authorize the Mayor and the City Clerk to execute the Amendment. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway Noes: Council Member Nichols Absent: Council Member Daigle P. MOTION FOR RECONSIDERATION - None Q. ADJOURNMENT at 11:05 p.m. The agenda for the Regular Meeting was posted on September 7, 2005, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on September 9, 2005, at 1:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. �y Recording Secretary f alt ti ANUM Volume 57 - Page 417