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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, August 8, Regular Council Meeting DON WEBB MAYOR STEVEN ROSANSKY Mayor Pro Tern TOD W. RIDGEWAY Council Member LESLIE J. DAIGLE Council Member 2006 - 7:00 p.m. EDWARD D. SELICH 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. N B r0119419 Sailin(� ?�irou ti NEWPORT BEACH 1906 -2006 ' NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD August 8, 2006 STUDY SESSION -CANCELLED 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 annlicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Reverend Dr. George R. Crisp, Christ Church by the Sea United Methodist F. PRESENTATIONS Bicycle Awareness Day Proclamation Newport Beach Sister City Association - Youth Summit Representatives Centennial Presentation Centennial Sponsor Presentation Centennial Committee Recognition 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 jive 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 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. 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 RESOL UTZ 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JULY 25, 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. ORDINANCE FOR ADOPTION 3. CABLE TELEVISION: ORDINANCE ADOPTING A FRANCHISE AGREEMENT WITH COX COMMUNICATIONS. Adopt Ordinance No. 2006 -20 relating to the adoption of a Cable Communications Franchise Agreement with Cox Communications. RESOLUTION FOR ADOPTION 4. PLANNED COMMUNITY DEVELOPMENT AMENDMENT NO. 2006 -004 (PA2006 -173). Adopt Resolution No. 2006 -_ initiating the Planned Community Development Amendment No. 2006 -004 to decrease the maximum dwelling units (48) in Planning Area 5 to be consistent with number of lots (47), and to prohibit any further subdivisions. CONTRACTS AND AGREEMENTS 5. NEWPORT RIDGE PARK OPERATING AGREEMENT (contd. from 6/27/06). Continue indefinitely. 6. NEWPORT COAST COMMUNITY CENTER AND SANTA ANA HEIGHTS FIRE STATION — APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON AND ASSOCIATES. Approve a Professional Services Agreement with Leighton and Associates of Irvine for professional engineering services at a not to exceed price of $114,406 and authorize the Mayor and the City Clerk to execute the Agreement. 7. ASBS PROTECTION PROGRAM: CROSS CONTAMINATION STUDY - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. Approve a Professional Services Agreement with Everest International Consultants, Inc. (Everest) of Long Beach for a study on potential pollutant impacts from Newport Bay at a not to exceed price of $134,214 and authorize the Mayor and the City Clerk to execute the Agreement. 8. NEWPORT COAST AND LAGUNA BEACH AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE: SURVEYS OF PUBLIC USE, BIOLOGICAL RESOURCES AND PILOT RENOVATION PROGRAM - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS. Approve a Professional Services Agreement with Weston Solutions (Weston) of Carlsbad for surveys of public use, biological resources and the pilot renovation program at the Areas of Special Biological Significance along Newport Coast and Laguna Beach at a not to exceed price of $174,736 and authorize the Mayor and the City Clerk to execute the Agreement. MISCELLANEOUS 9. PENINSULA POINT ENCROACHMENT SURVEYING. Approve a budget amendment (07BA -005) in the amount of $18,456 from the unappropriated Oceanfront Encroachment funds for a boundary and topographic survey of structures encroaching beyond private property on to the ocean front beach. 10. TASTE OF NEWPORT BANNERS - APPROVAL OF ENCROACHMENT PERMIT. Conditionally approve the request of the Newport Beach Chamber of Commerce for the installation of 254 banners from August 21, 2006 to September 20, 2006 for the annual Taste of Newport (installation shall be along Jamboree Road, MacArthur Boulevard, Westcliff Drive, San Joaquin Hills Road, Newport Center Drive East/West, Newport Center Drive, Coast Highway and Newport Boulevard). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR 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 - 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 11. PLANNING COMMISSION AGENDA FOR AUGUST 3, 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. N. CONTTINUED BUSINESS 12. SCHEDULED VACANCY ON THE PLANNING COMMISSION - APPOINTMENT. Action: Appoint one of the three nominees (Tim Brown, Aline Kradjian or Scott Peotter) to fill the scheduled vacancy on the Planning Commission. 13. UNSCHEDULED VACANCY ON THE BOARD OF LIBRARY TRUSTEES — APPOINTMENT. Action: Appoint one of the two nominees (John Moftakhar or Stephanie Murguia) to fill the vacancy on the Board of Library Trustees, which was created as a result of the resignation of Harry Hamilton. O. CURRENT BUSINESS 14. NAUTICAL MUSEUM ORAL PRESENTATION. Action: Informational report only. 15. COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE AND ORANGE COUNTY DEVELOPMENT AGENCY REGARDING ISSUES WITHIN OR ADJACENT TO THE CITY'S SPHERE OF INFLUENCE ( "SPHERES ISSUES"). Action: As recommended by the City Manager and the City Council's Ad Hoc Sphere Issues Committee: 1) That the City Council authorize the Mayor to execute a Cooperative Agreement with the County of Orange and the Orange County Development Agency in a manner substantially similar to the attached draft Agreement; and that 2) The document be forwarded to the County of Orange's Board of Supervisors for review and approval; and that 3) The City Manager is authorized to make minor changes to the Agreement if requested by the County provided such changes are reviewed and approved by the City Council's Ad Hoc Sphere Issues Committee; and that 4) The final executed copy of the Agreement be provided to the City Council and be made available to the public via the City's website following execution by the County. 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