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
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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Recording Secretary
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