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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, September 13, 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. 7 NAN ��e Sai � r/ r► fins '6rot A Cents .,. NEWPORT BEACH 1906 -2006 NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD September 13, 2005 STUDY SESSION - 4:00 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 - Pastor Kerry Beaulieu, Our Lady Queen of Angels Church F. PRESENTATIONS Presentation of plaques to outgoing Board and Commission members. Presentation by Saunders Property Company for the Centennial. Proclamation for William Lusk. Cultural Arts Grants Presentations. G. NOTICE TO THE PUBLIC The City provides a yellow sign -in 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. 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. 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— 10) 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 -tin 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 SPECIAL MEETING OF AUGUST 16, 2005, ADJOURNED REGULAR MEETING AND REGULAR MEETING OF AUGUST 23, 2005 AND ADJOURNED REGULAR MEETING OF AUGUST 30, 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. RESOLUTION FOR ADOPTION 3. RECOMMENDATION TO RESCIND THE ECONOMIC ADVISORY COMMITTEE OF THE CITY COUNCIL. Adopt Resolution No. 2005 -_ 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). Approve the MOU 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 AND POLICE MANAGEMENT ASSOCIATIONS. 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, PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION AND EMPLOYEES LEAGUE, AND SALARY AND BENEFIT ADJUSTMENTS FOR KEY AND MANAGEMENT EMPLOYEES. 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. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 7. MEMORANDUM OF UNDERSTANDING (MOU) AND BUDGET AMENDMENT — UPPER NEWPORT BAY NATURE PRESERVE ACCESS AND RESTORATION PROJECT. 1) Authorize the City Manager to enter into a MOU with the County of Orange regarding a project to improve access and restore habitat at the Upper Newport Bay Nature Preserve; and 2) approve a budget amendment (06BA -011) appropriating $100,000 from the Water Enterprise Fund for the Upper Newport Bay Access and Restoration Project. 8. BACK BAY SCIENCE CENTER CONTRACT (C -3460) — APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH RON YEO, FAIA ARCHITECT, INC. 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. 9. MORNING CANYON STABILIZATION PROJECT — AWARD OF CONTRACT (C- 3517). 1) Approve the drawings and specifications; 2) adopt Resolution No. 2005 - 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 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. 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). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 11. COMPREHENSIVE SIGN CODE UPDATE AND SIGN DESIGN GUIDELINES MANUAL (contd. from 8/23/05). Action: 1) Hold continued public hearing 2) Introduce Ordinance No. 2005 -, 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 M SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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; and 3) Pass to second reading on September 27, 2005. K. PUBLIC COMMENTS Public Comments are inuited 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. CONTINUED BUSINESS 12. CIVIC CENTER FINANCE TEAM STATUS REPORT. Action: Listen to presentation and provide direction to staff regarding financing options and preparation for the sale of Certificates of Participation (COP'S). 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 8/23/05). Action: Adopt Resolution No. 2005 -_ 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. 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). SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. N. 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. 15. ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATION: NEWPORT RIDGE PARK (contd. from 8/23/05). 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. 16. DESIGNATION OF VOTING DELEGATE FOR 2005 LEAGUE ANNUAL CONFERENCE — OCTOBER 6 — 8, 2005 IN SAN FRANCISCO (contd. from 8/23/05). Action: Designate the Conference and CURRENT BUSINESS as the City's Voting Delegate for as the Voting Alternate. 17. REVIEW OF GENERAL PLAN UPDATE CIRCULATION SYSTEM AND SELECTION OF PROJECT DESCRIPTION FOR ENVIRONMENTAL IMPACT REPORT. Action: Review the recommendations from the Planning Commission and staff /consultant team and provide direction on which future roadway improvements should be included in preparing the EIR. 18. COUNCIL CONSIDERATION OF PROVIDING DISASTER SUPPORT FOR THE HURRICANE KATRINA RELIEF EFFORT. Action: Discuss and provide direction. 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 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.