HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, March 8, 2005
Regular Council Meeting - 7:00 p.m.
STEVE BROMBERG
MAYOR
DON WEBB LESLIE J. DAIGLE
Mayor Pro Tern Council Member
TOD W. RIDGEWAY
Council Member
STEVEN ROSANSKY
Council Member
RICHARD A. NICHOLS
Council Member
JOHN HEFFERNAN
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:llwww.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
March 8, 2005
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 applicable)
D. PLEDGE OF ALLEGIANCE
E. INVOCATION - Reverend Tim McCalmont, Presbyterian Church of the Covenant, Costa
Mesa
F. PRESENTATIONS
G. NOTICE TO THE PUBLIC The City prooides a yellow: sign -in card for those wishing to
address the Council to assist in the preparation of the minutes. Speakers are not required to
submit o card as o condition to addressing the Council. If you do fill out the card please place
it in the box of the podium. As o courtesy, please turn. cell phones anal 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 SUMMATIO_V.
I. CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under CONSENT CALENDAR (I — 12) 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 ADJOURNED REGULAR AND REGULAR MEETING OF
FEBRUARY 22, 2005. Waive reading of subjVct 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.
ORDINANCES FOR INTRODUCTION
3. ORDINANCE AMENDING SECTION 12.40.055 OF THE NEWPORT BEACH
MUNICIPAL CODE TO ALLOW PARKING OF EQUESTRIAN VEHICLES IN
SANTA ANA HEIGHTS. Introduce Ordinance No. 2005 -_ amending Section
12.40.055 of the NBMC — Parking of Certain Oversized Vehicles and Nonmotorized
Vehicles in Residential Districts Prohibited.
RESOLUTIONS FOR ADOPTION
4. ELEVATION DATUM REFERENCE (PA2005 -047). Adopt Resolution No. 2005-
_ initiating amendments to Title 20 of the NBMC to change the elevation datum
reference from the National Geodetic Datum (NGVD) to North American Vertical
Datum (NAVD).
5. RESOLUTION ADJUSTING THE COMPENSATION OF THE CITY CLERK.
Adopt Resolution No. 2005 -_ adjusting the compensation of the City Clerk.
6. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL:
ANNUAL REPORT FOR FISCAL YEAR 2004 -2005 AND ADOPTION OF
RESOLUTION OF INTENTION TO LEVY FOR SHORTENED FISCAL YEAR
2005. 1) Approve Balboa Village Business Improvement District 2004 -2005 Annual
Report; and 2) adopt Resolution of Intention No. 2005 and set the public hearing
for March 22, 2005,
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
CONTRACTS AND AGREEMENTS
NEWPORT COAST GROUNDWATER SEEPAGE STUDY - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH TODD ENGINEERS
(C- 3758). Approve a Professional Services Agreement with Todd Engineers of
Emeryville for performing a groundwater seepage study at a contract price of $89,842
and authorize the Mayor and City Clerk to execute the Agreement.
8. DREDGING PERMIT RENEWAL - APPROVAL OF A PROFESSIONAL
SERVICES AGREEMENT WITH WESTON SOLUTIONS FOR ANALYTICAL
SERVICES FOR RENEWAL OF REGIONAL GENERAL PERMIT 54. Approve
a Professional Services Agreement with Weston Solutions, Inc. of Carlsbad for
analytical services for the renewal of Regional General Permit 54 at a contract price
not -to- exceed $350,000 and authorize the Mayor and the City Clerk to execute the
Agreement.
9. PROFESSIONAL SERVICES AGREEMENT TO PREPARE A
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE HOAG
HOSPITAL MASTER PLAN UPDATE PROJECT. 1) Approve a Professional
Services Agreement with BonTerra Consulting of Costa Mesa for professional
environmental services to prepare a Supplemental Environmental Impact Report for
an amount not to exceed $280,360; and 2) authorize the City Manager to sign the
agreement.
MISCELLANEOUS ACTIONS
10. BUDGET AMENDMENT - EXPANSION OF THE OASIS SENIOR CENTER
TRANSPORTATION PROGRAM. Approve a budget amendment (05BA -047) in
the amount of $66,666 to cover the expansion cost of the OASIS Senior Center
transportation program.
11. PURCHASE OF REPLACEMENT MOTORCYCLES. 1) Authroize the purchase
of two BMW motorcycles for an estimated cost of $40,000; and 2) approve a budget
amendment (05BA -045) transferring $40,800 from unappropriated Internal Service
Fund reserves to the General Services Department Account 6120 -9100 to fund the
cost to purchase the two units and the associated setup costs.
12. GRANT AWARD/BUDGET AMENDMENT - CALIFORNIA SOBRIETY
CHECKPOINT PROGRAM FOR LOCAL LAW ENFORCEMENT AGENCIES -
FISCAL YEARS 2004/2005 AND 2005/2006. Accept the grant and approve a
budget amendment (05BA -046) for the Police Department budget in the amount of
$7,133 in Fiscal Year 2004/2005 and in the amount of $14,266 in Fiscal Year
2005/2006 to fund DUI sobriety checkpoints as a part of a nationwide campaign
taking place during Calendar Year 2005.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR,
EXCEPT FOR THOSE ITEMS REMOVED.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
J. PUBLIC HEARINGS
13. CODE AMENDMENT NO. 2004 -013 - CIVIL PLAZA, 1 CIVIC PLAZA (PA2004-
272) - AMENDMENT TO THE CIVIC PLAZA PLANNED COMMUNITY TEXT
(PC -19) TO CHANGE THE NAME OF THE DEVELOPMENT AND TO
MODIFY THE SIGN REGULATIONS RELATING TO PROJECT
IDENTIFICATION SIGNS BY CHANGING THE SIZE, LOCATION, NUMBER
AND THE INCLUSION OF TENANT NAMES.
Action: 1) Conduct public hearing; and
2) Approve the request by introducing Ordinance No. 2005 -
and passing to second reading on March 22, 2005.
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 - 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. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
14. PLANNING COMMISSION AGENDA FOR MARCH 3, 2005.
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. CURRENT BUSINESS
15. COAST HIGHWAY CHANNELIZATION AND MEDIAN IMPROVEMENTS -
AWARD OF CONTRACT (C -3558) AND APPROVAL OF AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT WITH DMC ENGINEERING.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
Action: 1)
Determine that the project is exempt from environmental
review pursuant to Section 15302 of the California
Environmental Quality Act;
2)
Approve the plans and specifications;
3)
Increase revenue estimates in the Contributions Fund 250 by
$25,000 from the Corona del Mar Business Improvement
District (BID) and appropriate this amount to Account No.
7251- C5100698, adjusting their Fiscal Year 2004/05
contribution total to $145,000;
4)
Approve a budget amendment (05BA -048) transferring
$71,100 from Gas Tax Corona del Mar Pedestrian
Improvements, Account No 7181- C5100693 to Account No.
7181- C5100698, $117,500 from the Transportation and
Circulation Fund Balance 206 -3605 to account 7261 -
05100698 and $160,000 from the General Fund
Unappropriated Surplus Fund Balance, 010 -3605 to Account
7013- C5100698;
5)
Award the contract (C -3558) to All American Asphalt, Inc. for
the total bid price of $506,326 and authorize the Mayor and
the City Clerk to execute the contract;
6)
Establish an amount of $63,967 (8 %) to cover the cost of
unforeseen work; and
7)
Approve Amendment No. 1 to Professional Services
Agreement with DMc Engineering for final design services for
$18,400.
16. PROFESSIONAL SERVICE AGREEMENT FOR COORDINATION SERVICES
FOR THE 2006 CENTENNIAL CELEBRATION AND BUDGET AMENDMENT
FOR 2006 CENTENNIAL CELEBRATION RELATED ACTIVITIES.
Action: 1) Approve the Professional Services Agreement (PSA) with
Dinwiddie Events in the amount of $125,000 to provide
coordination services for the 2006 Centennial Celebration;
and
2) Approve a budget amendment (05BA -049) for funding
Centennial related events and activities as follows: in FY
2004/05 increase expenditure account 0129 -8250 - City
Centennial Account ($175,700) and in FY 2005 /06 increase
expenditure account 0129 -8250 - City Centennial Account
($350,000) and increase revenue account 0129.5901 -
Centennial Donations ($528,900).
17. SEMENIUK SLOUGH PRELIMINARY ENGINEERING STUDY —
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH
NOBLE CONSULTANTS, INC.
Action: Approve Amendment No. 1 to the Professional Services
Agreement with Noble Consultants, Inc. of Irvine for
professional services to develop a restoration project with the Corps of
Engineers at a fee of $20,000 and authorize the Mayor and the
City Clerk to execute the Agreement.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
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 — In memory of Lorenzo C. "Plazi" Miller
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.