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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3344 NEWPORT BLVD. Tuesday, October 9, 2007 Regular Council Meeting - 7:00 p.m. STEVEN ROSANSKY Mayor EDWARD D. SELICH DON WEBB Mayor Pro Tern LESLIE J. DAIGLE Council Member MICHAEL F. HENN Council Member Council Member KEITH D. CURRY Council Member NANCY GARDNER 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. PLEASE TURN CELL PHONES & PAGERS OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD October 9, 2007 I. STUDY SESSION - 4:00 p.m II. CLOSED SESSION - [Refer to separate agenda from City Attorney] III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL ALL VI. CLOSED SESSION REPORT (if applicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Reverend Peter Haynes, Saint Michael and All Angels Episcopal Church DC PRESENTATIONS Introduce Okasaki Students and Essay Winners. Library Foundation Presentation of Check. X. 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. XI. 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. MI. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1— 13) 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. A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS C. 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR. MEETING OF SEPTEMBER 25, 2007. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND full of all ordinances and resolutions Clerk to read by title only. ORDINANCE FOR ADOPTION RESOLUTIONS. Waive reading in under consideration, and direct City 3. IMPLEMENTATION OF PERS ENHANCED RETIREMENT FORMULA FOR FIRE SAFETY AND MISCELLANEOUS EMPLOYEES. Adopt Ordinance No. 2007 -13 relating to a PERS contract amendment. RESOLUTIONS FOR ADOPTION 4. A RESOLUTION TO IMPLEMENT THE REPORTING OF TAX DEFERRED MEMBER PAID CONTRIBUTIONS TO THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS). Adopt Resolution No. 2007 -- for the City of Newport Beach reporting of tax deferred member paid contributions to the Board of Administration, California Public Employees' Retirement System (PERS). b. ADOPT A RESOLUTION FOR THE INSTALLATION OF STOP SIGNS AT THE INTERSECTION OF CLAY STREET AND RIVERSIDE AVENUE. Adopt Resolution No. 2007 -_ for the installation of STOP signs at the intersection of Clay Street and Riverside Avenue to create an all -way stop. D. CONTRACTS AND AGREEMENTS 6. CITIZEN SURVEY AWARD OF CONTRACT. Retain the services of ETC Institute to conduct a Citizen Satisfaction Survey of services provided to the residents and customers of the City of Newport Beach. 7. RESOURCE AND RECREATION MANAGEMENT PLAN (RRMP) FOR BUCK GULLY; CONTRACT WITH IRVINE RANCH CONSERVANCY. Authorize the Mayor to enter into a Professional Services Agreement (PSA) with the Irvine Ranch Conservancy (IRC) to develop and implement an RRMP for Buck Gully. 8. PROFESSIONAL SERVICES AGREEMENT FOR CONTRACT PLANNING SERVICES. a) Approve a Professional Services Agreement with Hogle- Ireland, Inc. of Irvine, for contract planning services in an amount not to exceed $40,000; b) authorize the City Manager to sign the agreement; and c) approve a budget amendment (08- BA014) increasing expenditure appropriations in 2710 -8080, Professional and Technical Services by $40,000 from the General Fund unappropriated fund balance. 9. SEWER INFRASTRUCTURE IMPROVEMENTS — APPROVAL OF AN AGREEMENT WITH ORANGE COUNTY DEVELOPMENT AGENCY AND COSTA MESA SANITATION DISTRICT. Approve an agreement with Orange County Development Agency (OCDA) and Costa Mesa Sanitation District (CMSD) releasing the City from any obligation for improvements to the Santa Ana Heights area sanitary sewers. 10. ORANGE COUNTY TRANSPORTATION AUTHORITY AMENDMENT NO. 13 TO COOPERATIVE AGREEMENT NO. C -95 -985. Approve Amendment No. 13 to Cooperative Agreement No. C -95 -985 between the Orange County Transportation Authority (OCTA) and the City of Newport Beach, and authorize the Mayor and City Clerk to execute the Amendment. 11. MESA -BIRCH PARK (C -3787) — AWARD OF CONTRACT. a) Approve the construction drawings and specifications; b) award C -3787 to Belaire- West Landscape, Inc. for the total price of $357,000 and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $35,700 to cover the cost of unforeseen work; and d) approve a budget amendment (08BA -017) appropriating $44,950 to Account No. 7459- C5100867 for Mesa - Birch Park and increasing revenue estimates by $44,950 representing additional funding from the County of Orange Santa Ana Redevelopment Project Area. 12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY 2007 -08. Approve a budget amendment (08BA -016) to increase revenue estimates by $166,000 in Account No. 4090 -5893 (NBPL Foundation Donations) and increase expenditure estimates by the same amount in Division 4090, Foundation. 13. APPOINTMENT TO THE GOVERNING BOARD OF THE NATURE RESERVE OF ORANGE COUNTY (NROC). Approve the Mayor's designation of Council Member Gardner as the City's representative to the NROC Board. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. PUBLIC HEARINGS - None XV. 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. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR OCTOBER 4, 2007. Action: a) Receive oral report on the most recent Planning Commission actions; b) Council Member appeal of Planning Commission, Modification Committee or Planning Director approvals subject to appeal; and c) receive and file written report. XVIII. CONTINUED BUSINESS -None �► 15. RESOLUTION NO. 2007 - RELATING TO THE CITY COUNCIL AD HOC COMMITTEE ON GROUP RESIDENTIAL USES. Action: a) Adopt Resolution No. 2007 -_ creating the City Council Ad Hoc Committee on Group Residential Uses whose purpose shall be to interact with special counsel and serve as liaison to the full City Council on group residential issues; and b) appoint Council Members and to the City Council Ad Hoc Committee on Group Residential Uses. 16. INITIATIVE MEASURE AMENDING THE CITY OF NEWPORT BEACH CHARTER TO LOCATE A NEW CITY HALL AT NEWPORT CENTER. Action: a) Approve the certification of the "Initiative Measure Amending the City of Newport Beach Charter to Locate a New City Hall at Newport Center "; b) adopt Resolution No. 2007 -_ Calling and Giving Notice of the Holding of a Special/General] Municipal Election on [Date to be Determined], for the Submission of a Proposed Charter Amendment; c) adopt Resolution No. 2007 -_ Requesting the Board of Supervisors of the County of Orange to Consolidate a [Special/General] Municipal Election to be Held on [Date to be Determined], with the [Presidential Primary /Statewide Direct Primary /General] Election to be Held on the Same Date Pursuant to §10403 of the Elections Code; d) after discussion, adopt Resolution No. 2007 - Setting Priorities for Filing a Written Argument Against the Measure and Directing the City Attorney to Prepare an Impartial Analysis; e) adopt Resolution No. 2007 -_ Providing for the Filing of Rebuttal Arguments for City Measure(s) Submitted at Municipal Elections; and f) approve a budget amendment (08BA -015) 4 in the amount of $42,000 from Unappropriated General Fund reserves to cover the cost of the signature verification ($36,958), plus an additional $5,042 for ancillary expenses associated with the election (translations, publications, etc.). XX. 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. XXI. ADJOURNMENT - October 17, 2007 at 4:30 p.m (Closed Session) and 7:00 p.m (Adjourned Regular)