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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, August 27, 2002 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR STEVEN BROMBERG GARY ADAMS Mayor Pro Tem Council Member GARY L. PROCTOR Council Member NORMA J. GLOVER Council Member DENNIS D. O'NEIL Council Member JOHN HEFFERNAN Council Member HOMER BLUDAU - City Manager, ROBERT BURNHAM - City Attorney, LAVONNE HARKLESS - City Clerk, STEPHEN G. BADUM - Director of Public Works, SHARON Z. WOOD - Assistant City Manager. NOTICE TO THE PUBLIC If you would like to address the City Council on a scheduled agenda item, please complete the yellow SPEAKER'S CARD. The cards are available in the lobby of the Council Chambers. Please identify on the card your name, address, and the item on which you would like to speak and place it in the box at the podium when you address the Council. The SPEAKER'S CARD assists the Mayor in ensuring that all persons wishing to address the Council are recognized and your name is recorded correctly in the official records. 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. I£ 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 48 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 August 27, 2002 STUDY SESSION - 4:00 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 - Doug Owen, Bishop of the Corona del Mar Ward, Church of Jesus Christ of Latter -Day Saints. F. PRESENTATION Presentation of Proclamation to Mr. Dick Allen, Chairman of the Board of Directors, and Michael Stephens, President and CEO, of Hoag Memorial Hospital Presbyterian, Honoring the 50th Anniversary of the Hospital. Presentation of Cultural Arts Grant Checks. State Recycling Award Presentation. Presentation of $121,900 Donation from the Newport Beach Public Library Foundation. G. NOTICE TO THE PUBLIC If you wish to address the Council, please fill out the yellow sign -in card and place it in the box at the podium. H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEMI: TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS TAPE 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 — 13) 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 Consent Calendar Item number, and place the sign -in card in the box provided at the podium. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF AUGUST 13, 2002. 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. VEHICLE CODE ENFORCEMENT WITHIN JASMINE PARK. Adopt Ordinance No. 2002 -15 authorizing application of California Vehicle Code to private roads in the Jasmine Park Development. 4. IMPLEMENTATION OF 3 %Qa50 RETIREMENT FOR POLICE EMPLOYEES. Adopt Ordinance No. 2002 -16 authorizing an Amendment to the Contract Between the City and the Board of Administration of the California Public Employees' Retirement System. 5. HOAG MEMORIAL HOSPITAL PRESBYTERIAN (PA2002 -038) — ONE HOAG DRIVE — REQUEST TO AMEND THE HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY (PC -38) DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS PERTAINING TO FLOOR AREAS THAT APPLY TOWARDS THE ESTABLISHED MAXIMUM DEVELOPMENT ALLOCATION. THE APPLICANT SEEKS TO EXEMPT FLOOR AREAS THAT ARE: 1) USED TO HOUSE STRUCTURAL SYSTEMS AS A RESULT OF MANDATES BY OTHER GOVERNMENTAL AGENCIES; AND 2) USED TO ENCLOSE THE ROOFTOP MECHANICAL LEVEL. BOTH OF THESE AREAS ARE NOT REGULARLY OCCUPIED BY HUMAN ACTIVITY (contd. from 7/9/02). Adopt Ordinance No. 2002 -17 approving Planned Community Development Text Amendment 2002 -001. CONTRACTS AND AGREEMENTS 6. 2002 -2003 SIDEWALK, CURB AND GUTTER REPLACEMENT — AWARD OF CONTRACT (C- 3534). 1) Approve the plans and specifications; 2) award the SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. contract (C -3534) to E.A. Mendoza of Irvine for the total bid price of $203,050 and authorize the Mayor and the City Clerk to execute the contract; 2) establish an amount of $20,000 to cover the cost of testing and unforeseen work; and 3) authorize a budget amendment (BA -004) transferring $40,000 from the General Services Concrete Maintenance Account No. 3130 -8239 to Account No. 7013- C5100020. 7. ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) AMENDMENT NO. 5 TO COOPERATIVE AGREEMENT NO. C -95 -985. Approve Amendment No. 5 to Cooperative Agreement No. C -95 -985 between the OCTA and the City of Newport Beach and authorize the Mayor and the City Clerk to execute the Amendment. 8. MORNING CANYON CHANNEL — AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH RIVERTECH, INC. Approve Amendment No. 1 to the Professional Services Agreement with Rivertech, Inc., of Laguna Hills, California, for $26,160 for supplemental tasks in conjunction with the Morning Canyon Drainage Study and authorize the Mayor and City Clerk to execute the agreement. 9. CONTRACT FOR WORKERS COMPENSATION THIRD PARTY ADMINISTRATOR (TPA) SERVICES. Approve continuation of a joint agreement to provide third party administration claims services for the self- insured workers' compensation programs of the cities of Newport Beach and Costa Mesa with Hazelrigg Risk Management Services, Inc. of Chino for the term September 1, 2002 through August 31, 2005; and authorize the City Manager to execute the professional services agreement. 10. BALBOA VILLAGE IMPROVEMENTS PHASE 2 - AWARD OF CONTRACT (C- 3527). 1) Approve the plans and specifications; 2) award the contract (C -3527) to Hillcrest Contracting for the total bid price of $2,840,899.97 and authorize the Mayor and the City Clerk to execute the contract; 3) approve a budget amendment (BA -005) appropriating $392,500 from CDBG 108 Loan Proceeds to Balboa Village Phase II Account No. 7161- C5100543; and 4) approve a budget amendment (BA -005) appropriating $68,000 from the Circulation and Transportation Fund Balance to Account No. 7261- C5200703 entitled Balboa Village Phase II. MISCELLANEOUS ACTIONS 11. BUDGET AMENDMENT TO APPROPRIATE FUNDS ($121,900) FROM THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION TO VARIOUS EXPENDITURE ACCOUNTS. Approve BA -003. 12. FINAL TRACT MAP NO. 16292 — CANNERY LOFTS — REQUEST TO SUBDIVIDE AN EXISTING LOT CONTAINING APPROXIMATELY 0.45 ACRES INTO SEVEN PARCELS OF LAND IN CONJUNCTION WITH THE DEVELOPMENT OF A 7 UNIT COMMERCIAL /RESIDENTIAL MIXED USE PROJECT ON PROPERTY LOCATED IN THE SP -6 DISTRICT. Approve Final Tract Map 16292. 13. GENERAL PLAN AMENDMENT INITIATION NO. 2002 -004 (PA2002 -134) — 129 AGATE AVENUE — A REQUEST TO INITIATE A GENERAL PLAN AMENDMENT AND AN AMENDMENT TO THE LOCAL COASTAL PROGRAM TO CHANGE THE LAND USE DESIGNATION FOR 3 SEPARATE 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. J. 1-.q L. M. iI PARCELS FROM RETAIL & SERVICE COMMERCIAL TO TWO- FAMILY RESIDENTIAL. Approve General Plan Amendment Initiation No. 2002 -004. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR 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 and address for the record. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR AUGUST 22, 2002. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. PUBLIC HEARINGS 15. EZ LUBE (PA2002 -034) — 3600 EAST COAST HIGHWAY — APPEAL OF THE PLANNING COMMISSION DECISION TO DENY A REQUEST TO CONSTRUCT AN AUTOMOBILE LUBRICATION FACILITY CONSISTING OF A 2,641 SQUARE FOOT BUILDING WITH TWO SERVICE BAYS LOCATED IN CORONA DEL MAR. THE APPLICATION INCLUDES A REQUEST TO WAIVE THREE OF THE TEN SPACE OFF - STREET PARKING REQUIREMENT (contd. from 6/25102). Action: 1) Conduct public hearing; 2) Uphold the appeal, deny the appeal or continue the item per the applicant's request. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. H N 16. BUTLER RESIDENCE (PA2002 -037) — 911 W. BAY AVENUE — APEAL OF THE DECISION OF THE PLANING COMMISSION TO UPHOLD THE DECISION OF THE MODIFICATION COMMITTEE'S APPROVAL OF MODIFICATION PERMIT NO. 2002 -018. Action: 1) Conduct public hearing; 2) Approve, modify or deny Modification Permit No. 2002 -018. 17. UNSCHEDULED VACANCY ON THE PARKS, BEACHES & RECREATION COMMISSION AND THE PLANNING COMMISSION. Action: Confirm the nominations as presented by the Ad Hoc Appointments Committee to fill the unscheduled vacancies as a result of the resignation of Stuart Macfarland from the Parks, Beaches & Recreation Commission and Mike Kranzley from the Planning Commission and schedule the appointment to be made on September 10,2002. CURRENT BUSINESS 18. COUNCIL CONSIDERATION OF AUTHORIZING A CONSULTANT STUDY REGARDING THE FEASIBILITY OF CITY PURCHASE OR LEASE OF MARINER'S MILE PROPERTY TO ENSURE MARINE LAND USES. Action: Utilize land use section of Council's adopted "Mariner's Mile Strategic Vision and Design Framework" as context for discussion. Should Council authorize a feasibility study, appropriate $5,000 from unappropriated revenues and direct the City Manager to amend the City's agreement with Applied Development Economics. 19. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE — OCTOBER 2 - 5, 2002 IN LONG BEACH. Action: Designate as the City's Voting Delegate for the Conference and as the Voting Alternate. 20. UNSCHEDULED VACANCY ON THE CITY ARTS COMMISSION AND APPOINTMENT BY MAYOR OF AN AD -HOC APPOINTMENTS COMMITTEE. Action: 1) Accept the resignation of Jeffrey Gould from the City Arts Commission effective August 16, 2002 (term expires June 30, 2005); 2) Direct the City Clerk to advertise the vacancy pursuant to Council Policy A -2; and 3) Appoint and to serve on the Ad Hoc Appointments Committee. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 21. PRESENTATION BY CABLE CONSULTANT SUE BUSKE AND DOCUMENTATION OF PUBLIC COMMENTS REGARDING BOTH ADELPHIA AND COX CABLE TV COMPANIES SERVING RESPECTIVE PARTS OF THE CITY. Action: Discuss, hear and document public comments regarding cable TV services and requests for additional services as applicable to upcoming franchise agreement renewals for Adelphia and Cox Communications. 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. 12 • * *eexxxxfe•fe••eeww• 14 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA — REGULAR MEETING AUGUST 27, 2002 CONSENT CALENDAR S22. COMMENTS ON DRAFT SUPPLEMENTAL TO THE 1999 STRATEGIC PLAN EIR FOR THE EFFLUENT PUMP STATION ANNEX AND COLLECTION SYSTEM ODOR AND CORROSION CONTROL PROGRAM. Approve and direct staff to transmit comments prepared by the Environmental Quality Affairs Committee.