HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, April 26, 2005
Regular Council Meeting - 7:00 p.m.
STEVE BROMBERG
MAYOR
DON WEBB LESLIE J. DAIGLE
Mayor Pro Tern
TOD W. RIDGEWAY
Council Member
STEVEN ROSANSKY
Council Member
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://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
April 26, 2005
STUDY SESSION — 4:00 p.m
CLOSED SESSION — [Refer to separate agenda from City Attorney]
RECESS
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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 — Associate Pastor Patrick Thompson, Presbyterian Church of the Covenant,
Costa Mesa
F. PRESENTATIONS
Proclamation to Spa Gregories for "Beauty and the Bistro" Day
Presentation of Sterling Growth Award by the National Arbor Day Foundation
Presentation from the Newport Beach Chapter of the Surfrider Foundation Regarding
"Reusable Plastics" for Beach Maintenance
Leukemia and Lymphoma Society's Team In- Training Program
Library Foundation Presentation
G. NQTICE 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. Speakers are not required to
submit a card as a condition to addressing the Council. If you do fill out the card please place
tit tin the box at the podium. 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.
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 SUMMATION.
I. CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under CONSENT CALENDAR (I — 15) 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 MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF
APRIL 12, 2005. 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.
ORDINANCES FOR ADOPTION
3. CODE AMENDMENT 2005 -003 — ELEVATION DATUM REFERENCE
(PA 2005 -047). Adopt Ordinance No. 2005 -4 approving Code Amendment No. 2005-
003.
4. AMENDMENTS TO THE NEWPORT BEACH FIRE AND BUILDING CODES.
Adopt Ordinance No. 2005 -5.
ORDINANCES FOR INTRODUCTION
5. AMENDING CHAPTER 14.36 OF THE NEWPORT BEACH MUNICIPAL
CODE TO OBTAIN CONSISTENCY WITH 15 DAY APPEAL PERIOD.
Introduce Ordinance No. 2005 -_ amending Chapter 14.36. Section 14.36.060, and
pass to second reading on May 10, 2005.
6. AMENDING CHAPTER 13.01 OF THE NEWPORT BEACH MUNICIPAL
CODE. Introduce Ordinance No. 2005 -_ amending Chapter 13.01 and pass to
second reading on May 10, 2005.
RESOLUTION FOR ADOPTION
7. RESOLUTION NO. 2005 -_ RELATING TO APPLYING FOR WATER
QUALITY GRANTS FROM THE STATE WATER RESOURCES CONTROL
BOARD. Adopt Resolution No. 2005 -_ authorizing the City to apply for water
quality grants under the Integrated Regional Water Management Program of the
State Water Resources Control Board.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
CONTRACTS AND AGREEMENTS
8. CALTRANS DELEGATED MAINTENANCE AGREEMENT. Approve the
Delegated Maintenance Agreement for the collection of litter and debris on portions
of Newport Boulevard and Coast Highway controlled by Caltrans within the City.
9. INDUSTRIAL WAY 36 -INCH WATER MAIN — APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING,
INC. Approve a Professional Services Agreement with HDR Engineering, Inc., of
Lake Forest, California, for engineering services for the Industrial Way 36 -Inch
Water Main Replacement project at a contract price of $121,900 and authorize the
Mayor and City Clerk to execute the Agreement.
10. IRVINE AVENUE WIDENING, MESA DRIVE TO BRISTOL STREET —
RESOLUTION DECLARING PORTIONS OF IRVINE AVENUE, MESA
DRIVE, AND ORCHARD DRIVE TO BE COUNTY HIGHWAYS FOR RIGHT -
OF -WAY CONSTRUCTION PURPOSES (C- 3653). Adopt Resolution No. 2005-
_ declaring portions of Irvine Avenue, Mesa Drive, and Orchard Drive from
University Drive to SE Bristol Street to be County highways during the right -of -way
acquisition and construction of the project.
11. MARKETING PROPOSAL FOR FIRST ANNUAL NEWPORT BEACH
CONFERENCE ON WOMEN. Approve agreement.
MISCELLANEOUS ACTIONS
12. BACK BAY SCIENCE CENTER FUNDING. Receive and file.
13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT
BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY04 -05
MARINERS LIBRARY PROJECT. Approve a budget amendment (05BA -057) to
increase revenue estimates by $37,500 in Account No. 450 -5893 (NB Library
Foundation Donations) and increase Mariners Library expenditure estimates in
7451- C5100756 by $7,500 and in 7451- C5100661 by $30,000.
14. APPOINTMENT OF CHAIRMAN FOR THE AD HOC COMMITTEE FOR
REVISIONS TO THE ZONING CODE. Appoint Planning Commissioner Barry
Eaton as Chairman of the Ad Hoc Committee for Revisions to the Zoning Code.
15. CONTINUE PUBLIC HEARING FOR PROPOSED UNDERGROUND
UTILITIES DISTRICT NO. 19 SANTA ANA HEIGHTS — MESA DRIVE,
CYPRESS STREET AND A PORTION OF ORCHARD DRIVE (contd. from
3/22/05). Continue public hearing for the proposed Underground Assessment
District No. 19, Santa Ana Heights, until June 14, 2005 to allow for noticing of a
Public Hearing and presentation of revised Engineer's Report.
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
16. JUSTICE ASSISTANCE GRANT.
Action: 1) Receive public comments; and
2) Accept funding of the Crime Prevention Program under the
provisions of the United States Department of Justice. Justice
Assistance Grant 2005- F2899- CA -DJ.
17. ST. ANDREWS PRESBYTERIAN CHURCH.
Action: 1) Conduct public hearing; and
2) Refer the St. Andrews application back to the Planning
Commission for further consideration.
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
Is. PLANNING COMMISSION AGENDA FOR APRIL 21, 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.
4
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
N.
CURRENT BUSINESS
19. APPROVAL OF AGREEMENT WITH GRANICUS, INC. FOR THE
PURCHASE OF A VIDEO STREAMING SOLUTION AND APPROVAL OF
BUDGET AMENDMENT.
Action: 1) Approve the contract with Granicus, Inc. for the video
streaming solution and authorize the Mayor and the City
Clerk to execute the contract ($42,367.13);
2) Direct staff to proceed with the purchase of additional
hardware as required ($7,000); and
3) Approve a budget amendment (05BA -056) transferring
$42.367.13 from the Unappropriated General Fund reserves
to 0630 -8080 and $7,000 from the Unappropriated General
Fund reserves to 0630 -9000.
20. APPOINTMENT BY MAYOR OF AD -HOC APPOINTMENT COMMITTEE TO
REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL
COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED
TO OCCUR ON JUNE 30, 2005.
Action: Confirm the Mayor's appointment of Council Members
and to serve on the ad -hoc appointments
committee to review applications and make recommendations to the
full Council for the Board and Commission vacancies scheduled to
occur on June 30, 2005.
21. PROFESSIONAL SERVICES AGREEMENT WITH ROMA DESIGN GROUP
TO PREPARE PERFORMANCE CRITERIA FOR EVALUATING
RESIDENTIAL DEVELOPMENT PROJECTS IN THE AIRPORT AREA,
AND BUDGET AMENDMENT TRANSFERRING $88,960 FROM
UNAPPROPRIATED GENERAL FUND RESERVE.
Action: 1) Approve the Professional Services Agreement with ROMA
Design Group to prepare performance criteria, at a fee not to
exceed $88,960;
2) Approve a budget amendment (05BA -058) transferring
$88,960 from Unappropriated General Fund Reserve to
Planning Account 2710 -8080 Services — Professional &
Technical; and
3) Direct staff to seek reimbursement for project expenses from
the Orange County Development Agency's redevelopment
funds.
22. RESOLUTION NO. 2005 -_ RELATING TO THE ACCEPTANCE OF
EASEMENTS AND FEE OWNERSHIP OF LAND IN BUCK GULLY AND THE
NEWPORT COAST.
Action: Adopt Resolution No. 2005 -_ authorizing the City to accept title of
certain easements and land in Buck Gully and the Newport Coast.
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
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.