HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, January 24, 2006
Regular Council Meeting - 7:00 p.m.
DON WEBB
MAYOR
STEVEN ROSANSKY EDWARD D. SELICH
Mayor Pro Tem Council Member
TOD W. RIDGEWAY
Council Member
LESLIE J. DAIGLE
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.
NEWPORT BEACH CITY COUNCIL AGENDA
COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD
January 24, 2006
STUDY SESSION - 3:00 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 Robert Jordan Ross, Newport Universalist Society
F. PRESENTATIONS
Evacuation Drill Presentation.
Presentations to Float Committee Volunteers.
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. 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 -14) 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 MEETING AND REGULAR
MEETING OF JANUARY 10, 2006. 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. SANTA BARBARA CONDOMINIUMS — 900 NEWPORT CENTER DRIVE
(PA2004 -169) (LENNAR HOMES) (contd. from 11/22/05 & 12/13/05). Adopt
Ordinance No. 2006 -1 approving Planned Community Development Plan No. 2005-
003.
4. CORPORATE PLAZA WEST, PHASE 2 (PA2005 -042); PLANNED
COMMUNITY AMENDMENT NO. 2005 -001 & TRAFFIC STUDY NO. 2005 -004
— 1200 -1400 NEWPORT CENTER DRIVE (CORPORATE PLAZA WEST) —
101 -1199 NEWPORT CENTER ROAD (FASHION ISLAND). Adopt Ordinance
No. 2006 -2.
ORDINANCE FOR INTROD UCTION
5. COMMERCIAL ACTIVITY REGULATION ON NEWPORT HARBOR —
MUNICIPAL CODE CHAPTERS 5.18 AND 17.41. Introduce Ordinance No. 2006-
_, regulating commercial activities on Newport Harbor, and pass to second reading
on February 14, 2006.
CONTRACTS AND AGREEMENTS
6. BALBOA ISLAND BAYFRONT REPAIRS — AWARD OF CONTRACT (C- 3796).
1) Approve the plans and specifications; 2) adopt Resolution No. 2006 -_ rejecting
Highland Construction, Inc.'s bid because Highland is a non - responsible bidder; 3)
award C -3796 to the second low bidder, Fleming Environmental, Inc., for the total
bid price of $382,994.00, and authorize the Mayor and the City Clerk to execute the
contract; and 4) establish an amount of $39,006 to cover the cost of unforeseen work.
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SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
7. JAMBOREE ROAD WIDENING OVER SR -73 - APPROVAL OF A
COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION. Approve the Cooperative Agreement between the City of
Newport Beach and the California Department of Transportation (Caltrans) for
preliminary and final design tasks for the Jamboree Road Widening over State Route
73 (SR 73).
8. REQUEST FROM PROPERTY OWNER TO EXTEND THE EXISTING
PUBLIC ALLEY AND SIDEWALK WITHIN THE PUBLIC RIGHT -OF -WAY
ADJACENT TO 402 DAHLIA AVENUE. 1) Approve the owner's request to
construct a reinforced concrete alley extension structure and a sidewalk extension
with caissons and retaining walls within the public right -of -way adjacent to 402
Dahlia Avenue; and 2) direct staff to proceed with the processing and recording of the
required encroachment agreement.
9. 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, California, for additional work required for preparation of
a Supplemental Environmental Impact Report for an additional amount not to
exceed $37,150; and 2) authorize the City Manager to sign agreements.
10. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR
PREPARATION OF CEQA DOCUMENTS FOR THE MARINER'S GATEWAY
PROJECT ON WEST COAST HIGHWAY AT DOVER DRIVE. 1) Approve
amendment to the professional services agreement with RBF Consulting of Irvine,
California, for additional work required in conjunction with preparation of an Initial
Study and Mitigated Negative Declaration for an additional amount not to exceed
$10,500; and 2) authorize the City Manager to sign agreements.
MISCELLANEOUS ACTIONS
11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE
LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES.
Approve a budget amendment (06BA -042) to increase expenditure appropriations by
$11,771 in Division 4060, Literacy, and to increase revenue estimates for the same
amount in Account No. 4010 -4832, California Library Literacy Services.
12. INITIATION OF A GENERAL PLAN AMENDMENT (GENERAL PLAN
AMENDMENT INITIATION NO. 2006 -001) TO CHANGE THE LAND USE
DESIGNATION FROM SINGLE FAMILY ATTACHED TO RECREATION
AND ENVIRONMENTAL OPEN SPACE AND A CODE AMENDMENT (CODE
AMENDMENT NO. 2006 -001) TO CHANGE THE ZONING DESIGNATION
FROM PLANNED COMMUNITY (PC) TO OPEN SPACE - ACTIVE (OS -A) FOR
THE PROPERTY LOCATED AT THE NORTHWESTERLY CORNER OF
WEST COAST HIGHWAY AND SUPERIOR AVENUE — CALTRANS WEST
PROPERTY (PA2006 -016). Approve the proposed initiation of the General Plan
Amendment and Code Amendment and adopt Resolution No. 2006 -_.
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BEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
13. REPORT ON IMPACTS OF INITIATIVE PETITIONS RELATED TO MAJOR
DEVELOPMENTS AND FINANCING FOR PUBLIC IMPROVEMENTS
PURSUANT TO THE ELECTIONS CODE. Request staff to prepare a report on
the impacts of the two initiatives that are currently circulating for signatures as
authorized by and in compliance with the Elections Code.
14. STAFF'S COMPILATION OF THE 20 YEAR CITY FACILITY NEEDS FOR
THE FACILITY FINANCING COMMITTEE'S CONSIDERATION. Receive and
file.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR,
EXCEPT FOR THOSE ITEMS REMOVED.
J. PUBLIC COMMENTS PRtblic 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.
K. 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
L. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
15. PLANNING COMMISSION AGENDA FOR JANUARY 19, 2006.
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.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
M. CONTINUED BUSINESS
16. COUNCIL SELECTION OF CITY HALL SITE REVIEW AND FACILITIES
FINANCE REVIEW COMMITTEE MEMBERS.
Action: Select committee members who will be a good representation of the
community, and at the same time, bring a variety of pertinent skills
and backgrounds to the site review and financial review committee
work.
17. CABLE TELEVISION: RESOLUTIONS OFFERING REJECTION AND
DENIAL WITHOUT PREJUDICE AND CONDITIONAL APPROVAL OF AN
APPLICATION TO TRANSFER A CABLE TV FRANCHISE HELD NOW BY
ADELPHIA TO EITHER TIME WARNER OR COMCAST (contd. from
1/10/06).
Action: 1) Adopt Resolution No. 2006 rejecting and denying without
prejudice the transfer of the Newport Beach cable television
franchise now held by Adelphia to Time Warner; and
2) Adopt Resolution No. 2006 conditionally approving the
transfer of the Newport Beach cable television franchise now
held by Adelphia to Time Warner.
N. CURRENT BUSINESS
18. RESIGNATION OF COUNCIL MEMBER HEFFERNAN FROM THE CITY
COUNCIL AND THE OPTIONS AVAILABLE TO THE CITY COUNCIL FOR
FILLING THE VACANCY IN DISTRICT 7.
Action: 1) Declare the District 7 Council seat to be vacant; and
2) Establish a process leading to the appointment of a successor
as required by Section 403 of the City Charter.
19. APPOINTMENTS BY THE MAYOR TO THE COUNCIL/CITIZENS AD HOC
COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE
CITIZENS ADVISORY COMMITTEES.
Action: Confirm the appointments outlined in the staff report.
20. SEA LION RELATED ORDINANCES.
Action: 1) Introduce Ordinance No. 2006 -_ related to the feeding of
non - domesticated animals, and pass to second reading on
February 14,2006;
2) Introduce Ordinance No. 2006 related to vessel security
on moorings and harbor structure security from sea lion
boarding, and pass to second reading on February 14, 2006;
3) Approve the public information bulletin;
4) Approve the sample commercial vessel advertisement sticker;
and
5) Direct Harbor Resources to implement the educational
component of the program including the public information
bulletin mailing, the publishing of approved deterrent
measures on the Harbor Resources website and the
distribution of public notification materials to commercial
harbor activities businesses before April 1, 2006.
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SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
21. WHITE SEA BASS HATCHERY — ISSUANCE OF NEW PERMIT WITH
CONDITIONS AND MOVEMENT OF THE FACILITY.
Action: 1) Review a proposed mooring permit (with special conditions)
for the Balboa Angler Club to operate the White Sea Bass
Hatchery in Newport Harbor; and
2) Select from the following two locations for the hatchery:
existing mooring area "A ", row 17 or relocate to the west end
of mooring area "A ", row 30.
22. BUDGET AMENDMENT AND PROFESSIONAL SERVICES AGREEMENT
WITH M4 STRATEGIES FOR A GENERAL PLAN UPDATE PUBLIC
INFORMATION PROGRAM (contd. from 1 /10 /06).
Action: 1) Approve a budget amendment (06BA -037) transferring
$508,000 from unappropriated general fund reserve to the
City Manager's professional and technical services account,
0310 -8080; and
2) Approve a professional services agreement with M4
Strategies and authorize the Mayor and the City Clerk to
execute it.
23. REPLACEMENT STREET TREE FOR CAMEO COMMUNITY ASSOCIATION.
Action: Approve the New Zealand Christmas Tree as a Designated Street
Tree for the Cameo Community Association's reforestation project.
24. CAMEO COMMUNITY ASSOCIATION SOUND WALLS AND ENTRY
ENHANCEMENTS ENCROACHMENT AGREEMENT.
Action: Approve an encroachment agreement with the Cameo Community
Association for the construction of sound walls and entry
enhancements fronting East Coast Highway.
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
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SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS