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CITY COUNCIL AGENDA
Mayor
EtD'U. SELICH -DON VvEI
Pro Tem Council 1%
This agenda was 'prepNdl, by the City Clerk.and staff,reports are available at the.City Clerk's Office. Staff
reports or other writtoq documentation have been prepared worganized with respedt to each item of business
listed on the agenda Regu)ar meetings of the' City Council are held on the apcoritl and fourth Tuesdays of each
month at 7:00 p.m. If you have agygpestaons or require copies of ang of te:ataff reports or other documentation
regarding any item of business im tiie agenda; Please contact City C`_liiik staff at (949) 644 -3005. The agendas,
minutes and staff reports are also available,on the Cfty's, web site. The address is: http://www.city.newport-
beach.ca.usl
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 - 8800 NEWPORT BOULEVARD
February 18, 2007
- 5:00 p.m.
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 Peter D. Haynes, Saint Michael and All Angels Episcopal
Church
F. PRESENTATIONS
Balboa Theater Arts Project Progress Report.
AQMD Presentation on the Draft AQMP.
LAPD Presentation to Business Members Who Helped with Funeral Arrangements.
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 five 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
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- 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
L MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR
MEETING OF JANUARY 23, 2007. 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. ORDINANCE AMENDING SECTION 7.20.010 OF TITLE 7 PERTAINING TO
ANIMAL NUISANCE. Adopt Ordinance No. 2007 -1.
4. CODE AMENDMENT 2006 -008 — APPEAL PROCEDURES (PA 2006 -257) —
AMENDMENT TO REVISE APPEAL PROCEDURES TO ALLOW A SINGLE
CITY COUNCIL MEMBER TO APPEAL DECISIONS OF THE ZONING
ADMINISTRATOR, PLANNING DIRECTOR AND PLANNING COMMISSION.
Adopt Ordinance No. 2007 -2 approving Code Amendment No. 2006 -008.
5. DESIGNATION OF LIAISON AGENT FOR THE DIVISION OF OIL, GAS,
AND GEOTHERMAL RESOURCES. 1) Adopt Resolution No. 2007 -_ appointing
a City agent for the Division of Oil, Gas, and Geothermal Resources; and 2) authorize
the Mayor and the City Clerk to execute a "Designation of Agent" form, naming the
Utilities Manager, Ed Burt, to serve as the City of Newport Beach's Liaison Agent
regarding matters pertaining to the operation and maintenance of the City's oil and
gas facilities, as regulated by the Division of Oil, Gas, and Geothermal Resources.
6. RESOLUTION TO AMEND THE COMPOSITION OF THE CITY
COUNCIIJCITIZENS ADVISORY COMMITTEE ON MARINA PARK DESIGN
TO ADD A THIRD COUNCIL MEMBER AND TO CONFIRM THE MAYOR'S
APPOINTMENT OF COUNCIL MEMBER HENN TO THAT POSITION. Adopt
Resolution No. 2007 -_ amending Resolution No. 2006 -98 to revise the composition
on the City Council/Citizens Committee on Marina Park Design, and confirm the
Mayor's appointment of Council Member Henn to the new. position.
RESOLUTION SUPPORTING THE AIRPORT WORKING GROUP (AWG)
AND AIRFAIR. Adopt Resolution No. 2007 -_ supporting AWG and Airfair and
committing to immediately commence discussions with both groups in the ongoing
effort to protect Newport Beach residents from the impact of John Wayne Airport
Operations.
8. OLD FORD ROAD - ADOPT A RESOLUTION LIMITING THE PARKING OF
VEHICLES TO TWO HOURS. Adopt Resolution No. 2007 -_ limiting the parking
of vehicles to two hours between 8:00 a.m. and 6:00 p.m. daily on the south side of
Old Ford Road, from Mesa View Drive to a point 300 feet easterly.
9. RESIDENTIAL CARE FACILITY CODE AMENDMENT. Adopt Resolution No.
2007 -_ initiating an amendment to Title 20 of the NBMC to revise land use
classifications and definitions relating to Residential Care facilities.
CONTRACTS
10. OPERATING AGREEMENT FOR NEWPORT RIDGE PARK (oontd. from
1/28/07). Continue indefinitely.
11. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH GABLE
ENGINEERING FOR CIP PROJECT MANAGEMENT SERVICES. 1) Approve a
Professional Services Agreement with Gable Engineering at a not to exceed price of
$50,000 and authorize the Mayor and the City Clerk to execute the Agreement; and
2) approve a budget amendment (07BA -045) transferring $50,000 from salary
savings in the Engineering Division (5100 -7000) and transfer the funds to
Engineering Division Services Professional and Technical Account 5100 -8080.
MLSCELLANEOUS
12. SUPPORT OF ORANGE COUNTY'S POSITION ON MEMBERSHIP IN THE
SOUTHERN CALIFORNIA REGIONAL AIRPORT AUTHORITY. Authorize
the Mayor to execute the letter attached as Exhibit A to the staff report.
13. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS
ADVISORY COMMITTEE (EQAC). Confirm Council Member Daigle's
appointment of Michael "Mike" Smith as the District 4 representative to EQAC.
14. ACCEPT ASSISTANCE TO COMMUNITY EMERGENCY RESPONSE TEAMS
(CERT) GRANT. 1) Accept the `04 Homeland Security Supplemental Grant for
CERT for $6,935.67 in funding for the CERT Program; and 2) approve a budget
amendment (07BA -042) increasing revenue estimates by $6,935.67 in 2356 -4848 and
increasing expenditure appropriations in 2356 -82004 by $6,935.67.
15. COAST HIGHWAY CHANNELIZATION - CORONA DEL MAR (C -3558) -
APPROVAL OF BUDGET AMENDMENT FOR PHASE 1B. Approve a budget
amendment (07BA -039) in the amount of $150,000 from the unappropriated General
Fund Reserves to Account No. 7013- C5200932.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR,
EXCEPT FOR THOSE ITEMS REMOVED.
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PUBLIC HEARING
16. ORDINANCE ESTABLISHING DESIGN CRITERIA FOR SINGLE AND TWO
UNIT DEVELOPMENT.
Action: 1) Conduct public hearing; and
2) Introduce Ordinance No. 2007 -_ and pass to second reading
on February 27, 2007.
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.
ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
PLANNING COMMISSION AGENDA AND ORAL STATU "EPORT
17. PLANNING COMMISSION AGENDA FOR FEBRUARY 8, 2007.
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.
CONTINUED BUSINESS
18. POLICE DEPARTMENT PLAN TO ADDRESS COMMUNITY CONCERNS IN
THE OCEAN BLVD. AREA OF CORONA DEL MAR AND PENINSULA
POINT.
Action: 1)
Approve funding in the amount of $10,000 for a metal
security gate to be installed at the entrance of the City
municipal parking lot at Corona del Mar State Beach;
2)
Provide policy direction on the use of remote low -light
cameras in public areas for law enforcement purposes;
3)
Should the Council deem it appropriate, approve funding in
the amount of $32,376 on a trial basis for overtime for two
officers to be assigned exclusively to the Ocean Blvd. and
surrounding area on Thursdays, Fridays and Saturdays
between the hours of 9 p.m. and 3 a.m. through September
30, 2007; and
4)
Approve a budget amendment (07BA -044) appropriating
$42,376 from the unappropriated General Fund balance that
does the following: $10,000 to 3140 -8040 for the installation
of the security gate and $32,376 to 1830 -7041 for the overtime
for two officers.
19. PROPOSALS FROM COUNCIL MEMBERS CURRY AND GARDNER TO
ADDRESS TRAFFIC SAFETY ISSUES AT NEWPORT COAST
DRIVEIPELICAN HILL ROAD NORTH INTERSECTION.
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Action: 1) Approve and direct staff to implement a specific list of Safety
Improvement Measures recommended by Council Members
Curry and Gardner; and
2) Direct staff to report back to the Council and the community
every three months with information about the effectiveness
of these measures.
20. TRANSIENT OCCUPANCY TAX (TOT) INCENTIVE PROGRAM — CRYSTAL
COVE HISTORIC DISTRICT.
Action: Authorize the City Manager to execute an Agreement (based on the
Term Sheet attached to staff report) between the City and the Crystal
Cove Alliance to assist the Alliance with cottage restoration efforts by
returning 100% of the City's share of the TOT to the Alliance.
Q. 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.
R. ADJOURNMENT — In memory of Sid Soffer
I