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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 txx:t:txxxx�xxxexx -xxx 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.