HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, August 23, 2005
Regular Council Meeting - 7:00 p.m.
JOHN HEFFERNAN
MAYOR
DON WEBB LESLIE J. DAIGLE
Mayor Pro Tern Council Member
TOD W. RIDGEWAY
Council Member
STEVEN ROSANSKY
Council Member
EDWARD D. SELICH
Council Member
RICHARD A. NICHOLS
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.
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NEWPORT BEACH CITY COUNCIL AGENDA
COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD
August 23, 2005
STUDY SESSION - 4:30 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 - Rabbi Marc Rubenstein, Temple Isaiah
F. PRESENTATIONS
Presentation of check for Centennial by Victoria Lister.
G. NOTICE TO THE PUBLIC The City provides a yellow sign -tin card for those wishing to
address the Council. The card is used to assist in the preparation of the minutes and the
completion of it is optional. Completed cards should be placed in the box at the podium. Asa
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 (1— 9) 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 MEETING AND REGULAR
MEETING OF AUGUST 9, 2005 AND ADJOURNED REGULAR MEETING OF
AUGUST 11, 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.
RESOLUTIONS FOR ADOPTION
3. RESOLUTION AUTHORIZING THE CITY MANAGER TO REJECT
DOCUMENTS RELATING TO THE TRANSFER OF ADELPHIA'S
FRANCHISE TO EITHER TIME WARNER OR COMCAST. Adopt Resolution
No. 2005 -_ authorizing the City Manager (or his designee) to reject one or more
Federal Communications Commission (FCC) forms relating to the transfer of one of
the City's cable franchises.
CONTRACTS AND AGREEMENTS
4. APPROVAL OF AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT
WITH IRVINE RANCH WATER DISTRICT (IRWD) FOR JOINT UTILITY
EFFORTS WITH THE IRVINE AVENUE 24 -INCH WATER MAIN
TRANSMISSION MAIN REPLACEMENT PROJECT (C- 3411). 1) Approve
Amendment No. 1 to Reimbursement Agreement with the IRWD for construction of
additional water main improvements in the amount of $689,082 for the City's Irvine
Avenue 24 -inch Water Transmission Main Replacement Project; and 2) approve a
budget amendment (06BA -010) increasing revenue estimates in the Water Fund
Account No. 500 -4887 by $805,393.01 from IRWD, and increasing expenditure
appropriations in the same amount in 7501- C5500386.
5. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR
PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT
REPORT FOR THE HOAG HOSPITAL MASTER PLAN UPDATE PROJECT.
1) Approve an amendment to the Professional Services Agreement with BonTerra
Consulting of Costa Mesa for additional work required for preparation of a
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
Supplemental Environmental Impact Report for an additional amount not to exceed
$74,181; and 2) authorize the City Manager to sign the agreement.
6. MEMORANDUM OF UNDERSTANDING (MOU) WITH ASSOCIATION OF
NEWPORT BEACH OCEAN LIFEGUARDS. Approve the MOU with the
Association of Newport Beach Ocean Lifeguards (ANBOL) for the two -year period of
April 2005 through March 2007.
MISCELLANEOUS ACTIONS
7. CONSOLIDATION OF THREE LIBRARY PART TIME TECHNICAL
PROCESSING POSITIONS INTO ONE FULL TIME LIBRARY TECHNICAL
PROCESSING POSITION WITH SALARY SAVINGS OF $1,582. Authorize the
consolidation of three part time library technical processing positions into one full
time technical processing library position.
8. 2005/2006 CULTURAL ARTS GRANTS. Approve recommended recipients for FY
2005/2006 Cultural Arts Grants as selected by the City Arts Commission in
accordance with City Policy I -12 — Reserue Fund for Culture and Arts.
9. APPOINTMENT TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE.
Confirm Council Member Daigle's appointment of Laura Curran to the
Environmental Quality Affairs Committee (EQAC).
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR,
EXCEPT FOR THOSE ITEMS REMOVED.
J. PUBLIC HEARINGS
10. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL:
RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR THE
SHORTENED FISCAL YEAR 2005 -2006, AND AUTHORITY TO ADOPT
BYLAWS.
Action: 1) Hold public hearing regarding the renewal of the Corona del
Mar Business Improvement District: and
2) a. If protests represent less than 50 percent of the total
assessment amount adopt Resolution No. 2005
confirming the levy of the BID assessment for the
2005 -2006 short fiscal year; OR
b. If protests represent 50 percent or more of the total
assessment, abandon the proceedings to renew the
district; and
3) Grant the authority for the Corona del Mar Business
Improvement District to adopt bylaws for the purposes of
general operations, consistent with State law and resolutions
adopted by the City Council.
11. COMPREHENSIVE SIGN CODE UPDATE AND SIGN DESIGN GUIDELINES
MANUAL.
Action: Hold public hearing to discuss the proposed Sign Code and Sign
Design Guidelines; provide direction on sign amortization and a
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SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
program of incentives, if any, for signs to be amortized by the
adoption of the new Code; and continue the public hearing to the
meeting of September 13, 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
12. PLANNING COMMISSION AGENDA FOR AUGUST 18, 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. CONTINUED BUSINESS
13. ST. ANDREWS PRESBYTERIAN CHURCH EXPANSION (PA2002 -265) —
GENERAL PLAN AMENDMENT, ZONE CHANGE & USE PERMIT — 600 ST.
ANDREWS ROAD, CLIFF HAVEN /NEWPORT HEIGHTS AREA.
Action: Adopt Ordinance No. 2005 -16 approving Code Amendment No. 2003-
002 rezoning the St. Andrew's Presbyterian Church site from R -1 &
R -2 to GEIF (Governmental, Educational Institutional Facilities).
14. CITY COUNCIL REVIEW AND DIRECTION TO CONSULTANTS ON
CURRENT PLANNING STATUS OF PROPOSED CITY HALL STRUCTURE
AND GROUNDS, PARKING GARAGE AND FIRE STATION.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
N.
Action: Listen to the consultants' presentations and provide input and
direction to City staff and the consultants regarding planning
decisions needed to be made in order for the schematic process to
continue.
CURRENT BUSINESS
15. COUNCIL POLICY MANUAL UPDATE FOR 2005 AND PUBLIC MEETING
TO CONSIDER CITY'S STATEMENT OF INVESTMENT POLICY (POLICY
F -1).
Action: Approve the proposed revisions, additions, or deletions to the Council
Policy Manual - 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; addition of F -25; and deletion of B -5.
16. RESIDENTIAL LIVE ABOARD APPEAL - HUZYAK, MV BESAME BERTHED
AT 915 VIA LIDO SOUD.
Action: 1) Conduct the appeal hearing; and
2) a. Uphold the Harbor Commissions decision and restrict
persons from living aboard the Besame while berthed
at a residential pier for greater than 72 hours in any
30 day period; OR
b. Reverse the Harbor Commission's decision and allow
persons to live aboard the Besame while berthed at a
residential pier for a specified time frame as
determined by the City Council.
17. ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATION: NEWPORT
RIDGE PARK.
Action: 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.
18. DESIGNATION OF VOTING DELEGATE FOR 2005 LEAGUE ANNUAL
CONFERENCE - OCTOBER 6 - 8, 2005 IN SAN FRANCISCO.
Action:
Designate
the Conference and
as the City's Voting Delegate for
as the Voting Alternate.
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- Adjourn to Tuesday, August 30, 2005 - 7:00 p.m.
[Review of General Plan Update Land Use Recommendations)
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SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.