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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, August 23, 2005 Regular Council Meeting - 7:00 p.m. JOHN HEFFERNAN MAYOR DON WEBB LESLIE J. DAIGLE Mayor Pro Tern Council Member TOD W. RIDGEWAY Council Member STEVEN ROSANSKY Council Member EDWARD D. SELICH Council Member RICHARD A. NICHOLS 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 O� li sa�nq 7-krou 6 A NEWPORT BEACH 1906 -2006 �/ �/ NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD August 23, 2005 STUDY SESSION - 4:30 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 applicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Rabbi Marc Rubenstein, Temple Isaiah F. PRESENTATIONS Presentation of check for Centennial by Victoria Lister. G. NOTICE TO THE PUBLIC The City provides a yellow sign -tin card for those wishing to address the Council. The card is used to assist in the preparation of the minutes and the completion of it is optional. Completed cards should be placed in the box at the podium. Asa 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. SPEAKER MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. RED LIGHT WILL SIGNIFY WHEN 5 MINUTES ARE UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. I. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1— 9) 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 MEETING AND REGULAR MEETING OF AUGUST 9, 2005 AND ADJOURNED REGULAR MEETING OF AUGUST 11, 2005. 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. RESOLUTION AUTHORIZING THE CITY MANAGER TO REJECT DOCUMENTS RELATING TO THE TRANSFER OF ADELPHIA'S FRANCHISE TO EITHER TIME WARNER OR COMCAST. Adopt Resolution No. 2005 -_ authorizing the City Manager (or his designee) to reject one or more Federal Communications Commission (FCC) forms relating to the transfer of one of the City's cable franchises. CONTRACTS AND AGREEMENTS 4. APPROVAL OF AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT WITH IRVINE RANCH WATER DISTRICT (IRWD) FOR JOINT UTILITY EFFORTS WITH THE IRVINE AVENUE 24 -INCH WATER MAIN TRANSMISSION MAIN REPLACEMENT PROJECT (C- 3411). 1) Approve Amendment No. 1 to Reimbursement Agreement with the IRWD for construction of additional water main improvements in the amount of $689,082 for the City's Irvine Avenue 24 -inch Water Transmission Main Replacement Project; and 2) approve a budget amendment (06BA -010) increasing revenue estimates in the Water Fund Account No. 500 -4887 by $805,393.01 from IRWD, and increasing expenditure appropriations in the same amount in 7501- C5500386. 5. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE HOAG HOSPITAL MASTER PLAN UPDATE PROJECT. 1) Approve an amendment to the Professional Services Agreement with BonTerra Consulting of Costa Mesa for additional work required for preparation of a SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Supplemental Environmental Impact Report for an additional amount not to exceed $74,181; and 2) authorize the City Manager to sign the agreement. 6. MEMORANDUM OF UNDERSTANDING (MOU) WITH ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS. Approve the MOU with the Association of Newport Beach Ocean Lifeguards (ANBOL) for the two -year period of April 2005 through March 2007. MISCELLANEOUS ACTIONS 7. CONSOLIDATION OF THREE LIBRARY PART TIME TECHNICAL PROCESSING POSITIONS INTO ONE FULL TIME LIBRARY TECHNICAL PROCESSING POSITION WITH SALARY SAVINGS OF $1,582. Authorize the consolidation of three part time library technical processing positions into one full time technical processing library position. 8. 2005/2006 CULTURAL ARTS GRANTS. Approve recommended recipients for FY 2005/2006 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Policy I -12 — Reserue Fund for Culture and Arts. 9. APPOINTMENT TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE. Confirm Council Member Daigle's appointment of Laura Curran to the Environmental Quality Affairs Committee (EQAC). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 10. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR THE SHORTENED FISCAL YEAR 2005 -2006, AND AUTHORITY TO ADOPT BYLAWS. 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. 2005 confirming the levy of the BID assessment for the 2005 -2006 short fiscal year; OR b. If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the district; and 3) Grant the authority for the Corona del Mar Business Improvement District to adopt bylaws for the purposes of general operations, consistent with State law and resolutions adopted by the City Council. 11. COMPREHENSIVE SIGN CODE UPDATE AND SIGN DESIGN GUIDELINES MANUAL. Action: Hold public hearing to discuss the proposed Sign Code and Sign Design Guidelines; provide direction on sign amortization and a 41 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. program of incentives, if any, for signs to be amortized by the adoption of the new Code; and continue the public hearing to the meeting of September 13, 2005. K. 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. L. 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 — Mariners Joint Use Library Ad Hoc Steering 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 M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 12. PLANNING COMMISSION AGENDA FOR AUGUST 18, 2005. 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. N. CONTINUED BUSINESS 13. ST. ANDREWS PRESBYTERIAN CHURCH EXPANSION (PA2002 -265) — GENERAL PLAN AMENDMENT, ZONE CHANGE & USE PERMIT — 600 ST. ANDREWS ROAD, CLIFF HAVEN /NEWPORT HEIGHTS AREA. Action: Adopt Ordinance No. 2005 -16 approving Code Amendment No. 2003- 002 rezoning the St. Andrew's Presbyterian Church site from R -1 & R -2 to GEIF (Governmental, Educational Institutional Facilities). 14. CITY COUNCIL REVIEW AND DIRECTION TO CONSULTANTS ON CURRENT PLANNING STATUS OF PROPOSED CITY HALL STRUCTURE AND GROUNDS, PARKING GARAGE AND FIRE STATION. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. N. Action: Listen to the consultants' presentations and provide input and direction to City staff and the consultants regarding planning decisions needed to be made in order for the schematic process to continue. CURRENT BUSINESS 15. COUNCIL POLICY MANUAL UPDATE FOR 2005 AND PUBLIC MEETING TO CONSIDER CITY'S STATEMENT OF INVESTMENT POLICY (POLICY F -1). Action: Approve the proposed revisions, additions, or deletions to the Council Policy Manual - 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; addition of F -25; and deletion of B -5. 16. RESIDENTIAL LIVE ABOARD APPEAL - HUZYAK, MV BESAME BERTHED AT 915 VIA LIDO SOUD. Action: 1) Conduct the appeal hearing; and 2) a. Uphold the Harbor Commissions decision and restrict persons from living aboard the Besame while berthed at a residential pier for greater than 72 hours in any 30 day period; OR b. Reverse the Harbor Commission's decision and allow persons to live aboard the Besame while berthed at a residential pier for a specified time frame as determined by the City Council. 17. ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATION: NEWPORT RIDGE PARK. Action: 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. 18. DESIGNATION OF VOTING DELEGATE FOR 2005 LEAGUE ANNUAL CONFERENCE - OCTOBER 6 - 8, 2005 IN SAN FRANCISCO. Action: Designate the Conference and as the City's Voting Delegate for as the Voting Alternate. O. ITEMS REMOVED FROM THE CONSENT CALENDAR 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- Adjourn to Tuesday, August 30, 2005 - 7:00 p.m. [Review of General Plan Update Land Use Recommendations) 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.