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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, July 11, 2006 Regular Council Meeting - 7:00 p.m. DON WEBB MAYOR STEVEN ROSANSKY EDWARD D. SELICH Mayor Pro Tern Council Member TOD W. RIDGEWAY Council Member LESLIE J. DAIGLE 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.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. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD July 11, 2006 STUDY SESSION — 3:30 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 fif applicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION F. PRESENTATIONS Boy Scouts of America Sea Scout Proclamation (contd. from 6/27/06) Recreation Month Proclamation Presentation of Plaque to Harry Hamilton, Board of Library Trustees 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 WHIGI"OUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORTINON- 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. 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 -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 SPECIAL AND REGULAR MEETING OF JUNE 27, 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 a. AUTHORIZATION TO AMEND AN EXISTING CONTRACT FOR A NEWPORT BAY COPPER (Cu) STUDY WITH THE STATE WATER RESOURCES CONTROL BOARD. 1) Adopt Resolution No. 2006 authorizing the City Manager to enter into a $90,000 copper study (up from $75,000) with the State Water Resources Control Board; and 2) approve a budget amendment (BA07.003) accepting $15,000 from the State Board for this Study. 4. THE FORMATION OF THE 1/1 MEMORIAL COMMITTEE TO RECOMMEND AN APPROPRIATE MANNER BY WHICH TO HONOR CURRENT AND FUTURE 1/1 MARINES WHO PAY THE ULTIMATE SACRIFICE IN THE LINE OF DUTY. Adopt Resolution No. 2006 -_ approving the formation of the Committee and reflecting the Committee's composition and duties. CONTRACTS AND A GREEMENTS 5. NEWPORT COAST COMMUNITY CENTER — AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC SOILS ENGINEERING, INC. Approve Amendment No. 2 to Professional Services Agreement with Pacific Soils Engineering, Inc., and authorize the Mayor and the City Clerk to execute the Amendment. 6. ENTERTAINMENT CONTRACT WITH SUGAR RAY FOR CENTENNIAL CLOSING EVENT. Approve the contract with Sugar Ray for providing entertainment at the Centennial closing event — 100 Years Between the Piers on October 8, 2006. AWARD CONTRACT FOR THE POLICE FACILITY ELEVATOR REFURBISHMENT PROJECT. 1) Award contract for the Police Facility Elevator Refurbishment Project in the amount of $45,478 to ThyssenKrupp Elevator; and 2) authorize the City Manager to execute a standard Professional Services Agreement contract with the vendor as approved by the City Attorney's Office. 8. CONTRACT FOR EELGRASS PLANTING AND SURVEY. Authorize the City Manager and City Clerk to execute the contract with Coastal Resources Management. MISCELLANEOUS 9. REQUEST FOR ADDITIONAL FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 92 (AREA GENERALLY BOUNDED BY RIVERSIDE AVENUE, CLIFF DRIVE, TUSTIN AVENUE, AND WEST COAST HIGHWAY). Approve a budget amendment (07BA -002) from the General Fund in the amount of $9,000 to Assessment District No. 92 Account Number 74092 -9811 for additional AT &T phone undergrounding design. 10. WEATHER -BASED IRRIGATION CONTROLLER PROGRAM FUNDING. 1) Authorize a reimbursement fund of $30,000 to supplement the MWDOC rebate program for Hydropointe Data Systems to provide and install irrigation controllers for private residences in Newport Coast; and 2) approve a budget amendment (07BA -001) appropriating $30,000 from the General Fund Unappropriated Surplus Fund Balance, 010 -3605, to Account 7014- C5100851. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR K. PUBLIC HEARINGS 11. STEADFAST INVESTMENT PROPERTIES OFFICE EXPANSION; 4343 VON KARMAN AVENUE — GENERAL PLAN AMENDMENT NO. 2005 -007 AND PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2005- 005 (PA 2005 -293). Action: 1) Hold public hearing; 2) Approve Resolution No. 2006 -_ for General Plan Amendment No. 2005 -007; and 3) Introduce Ordinance No. 2006 -_ for Planned Community Development Plan Amendment No. 2005 -005, and pass to second reading on July 25, 2006. 12. GENERAL PLAN UPDATE: ALL ELEMENTS. Action: Receive public comments on the referenced elements of the Draft General Plan, provide direction to staff on revisions and continue public hearing to July 25, 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 – Ad Hoc General Plan Update Committee (GPUC) 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 Status report – Other Committee Activities N. PLANNING COMMISSION AGENDA AND —ORAL STATUS REPORT C� 13. PLANNING COMMISSION AGENDA FOR JULY 6, 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. 14. REPORT TO THE CITY COUNCIL REGARDING ANALYSIS OF INITIATIVE REQUIRING VOTER APPROVAL FOR MAJOR DEVELOPMENTS OVER "AS IS" CONDITION OF CITY. Action: Receive and file. 4 15. PROPOSED BALLOT MEASURE — "VOTER APPROVAL FOR MAJOR DEVELOPMENTS OVER "AS BUILT CONDITION" OF CITY". Action: 1) Adopt the ordinance, without alteration, within 10 days after the report is presented to Council. MW 2) Submit the ordinance, without alteration, to the voters pursuant to subdivision (b) of Section 1405 (at the jurisdiction's next regular election occurring not less than 88 days after the date of the order of election [November 7, 2006]), by taking the following actions: a) Adopt Resolution No. 2006 -_ Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 7, 2006, for the Submission of a Proposed Ordinance; b) Adopt Resolution No. 2006 -_ Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 7, 2006, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code; c) After discussion, adopt Resolution No. 2006 -_ Setting Priorities for Filing (A) Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis; and d) Adopt Resolution No. 2006 -_ Providing for the Filing of Rebuttal Arguments for City Measure(s) Submitted at Municipal Elections. 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