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HomeMy WebLinkAbout0 - AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, April 27, 2004 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR GARY ADAMS Mayor Pro Tern STEVEN ROSANSKY Council Member DON WEBB Council Member STEVE BROMBERG Council Member RICHARD A. NICHOLS 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 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 ill 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 CIiAMBERS - 3300 NEWPORT BOULEVARD April 27, 2004 STUDY SESSION - 4:00 p.m. CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS x:r:rr:r:r:r:r :r:r:r:r:r:r:r:r:r:r:r A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C, CLOSED SESSION REPORT (if auplicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Pastor Jim McCammon. Newport Harbor Lutheran Church F. PRESENTATIONS Recognition for Go and Do Likewise Southern California Marine Association Boat Show at the Dunes Presentation G. 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. 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 iu the box at th.e podiunt. Asa courtesy, please turn cell phones and pagers off or set thenz in the silent mode. H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUS5ION 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. L CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed. under CONSENT CALENDAR (1 - 17) are considered by the Council to be routine and will all be enacted by one motion in the form. listed belorn. The City Council Members have receleed detailed staff reports on each of the items recommending an action. There uill be no separate discussion of these items prior to the time the Council cotes 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 i.nvi.ta.tron by the Mayor, state their name and item nrunber. If the optional sign -in card has been completed it should be placed in the box provided at the podium. READING OF MINUTESJORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF APRIL 13, 2004. 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. ORDINANCE FOR INTRODUCTION 3. INTRODUCTION OF AN ORDINANCE PROHIBITING ISSUANCE OF NEW SHORT TERM LODGING PERMITS IN SINGLE FAMILY ZONES SUBSEQUENT TO JUNE 1, 2004. Introduce Ordinance No. 2004 -, as proposed or amended by the City Council and pass to second reading on May 11, 2004. 4. PUBLIC NUISANCE ABATEMENT (CHAPTER 10.50) - PROPOSED AMENDMENTS. Introduce Ordinance No. 2004 -_ amending Chapter 10.50 of the NBMC to streamline the process and add parking or storage of vehicles other than in a garage, carport or driveway as a public nuisance; and pass to second reading on May 11, 'LOOM. ORDINANCE FOR ADOPTION 5. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIRED INSPECTION FEE ORDINANCE REVISIONS. Adopt Ordinance No. 2004 -5. RESOLUTIONS FOR ADOPTION 6. RELINQUISHMENT OF COAST HIGHWAY IN CORONA DEL MAR - APPROVAL OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA AND ADOPTION OF RESOLUTION. 1) Adopt Resolution No. 2004 requesting that the State of California relinquish the right -of -way for Pacific Coast Highway between Newport Coast Drive and Jamboree Road; and 2) Approve the Cooperative Agreement with the State of California, which provides for the relinquishment of Pacific Coast Highway from Newport Coast Drive to Jamboree Road to the City of Newport Beach; and. 2 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. CONTRACTS AND AGREEMENTS CLIFF DRIVE PARK RENOVATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3528). 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion: 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the :Notice of Completion has been recorded in accordance with applicable portions of the Civil Code: and 4) release the Faithful Performance Bond 1 year after Council acceptance. MISCELLANEOUS ACTIONS 8. TELECOMMUNICATIONS FACILITY PERMIT NO. 2003 -003 (PA2003 -255). Continue to May 11, 2004. 9. TELECOMMUNICATIONS SYSTEM UPGRADE PROJECT - APPROVAL OF PURCHASE OF EQUIPMENT, INSTALLATION AND TRAINING WITH GLOBAL CTI GROUP, 1) Approve a purchase from Global CTI Group of Irvine for a telecommunications system upgrade project at a contract price of $219,972 and authorize the Mayor and the City Clerk to execute the Purchase Requisition; 2) approve a contingency amount of $5,000 to allow for unforeseen expenses; and 3) approve a budget amendment (04BA -052) in the amount of $224.972 from the General Fund Reserve balance to Account \'o. 7017 - 00630754. 10. BUDGET AMENDMENT FOR THE PURCHASE OF LIFEGUARD VEHICLES. 1) Authorize the purchase of seven vehicles from the General 'Motors Corporation at a cost of $179.050 and the purchase of two additional lifeguard vehicles at a cost of $50,000, and 2) approve a budget amendment (04BA -053) transferring $232,050 from unappropriated Internal Service Fund reserves to the General Service;; Department Accounts 6120 -9100 and 6120 -9102 to fund the cost to purchase the nine new vehicles and the transfer of equipment into four surplus City vehicles. 11. GENERAL PLAN AMENDMENT INITIATION NO. 2004 -001 - PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2004 -001 (PA2004- 041) - INITIATION TO CHANGE THE LAND USE DESIGNATION FROM RECREATION AND ENVIRONMENTAL OPEN SPACE TO MULTI - FAMILY RESIDENTIAL FOR THE PROPERTY LOCATED AT THE NORTHWESTERLY CORNER OF SAN MIGUEL DRIVE AND MACARTHUR BOULEVARD. Approve the proposed initiation of the General Plan Amendment and Planned Community Development Plan Amendment and adopt Resolution No. 2004 -_. 12, PROFESSIONAL SERVICES AGREEMENT WITH ECONOMIC AND PLANNING SYSTEMS, INC. TO CONDUCT AN IN -LIEU HOUSING FEE ANALYSIS AND BUDGET AMENDMENT TO APPROPRIATE FUNDS. 1) Approve the Professional Services Agreement (PSA) with EPS for an in4ieu housing fee analysis; and 2) approve a budget amendment (04BA -049) to appropriate $19,975 from the General Fund unappropriated reserves to cover the cost of the analysis. 13. ACCEPTANCE OF FUNDS AND AUTHORIZATION TO PURCHASE AED DEVICES. 1) Approve acceptance of public donations in the amount of $91,500 into Police Donations Account #1820 -5901 and increase revenue estimates by this amount; and 2) approve a budget amendment (04BA -051) appropriating $84,498.14 to SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Patrol Equipment, NOC Account #1830 -9300 and approve the expenditure of funds to purchase 55 HeartStart Defibrillators from the American Red Cross. 14. RELEASE OF SURETY FOR IMPROVEMENTS CONSTRUCTED FOR TRACT NO. 15829. 1) Accept the public improvements constructed in conjunction with Tract No. 15829; 2 authorize the City Clerk to release faithful performance bond no. 410324 in the amount of $391,000 for on -site improvements and Sea Lane and Goldenrod Avenue off -site improvements; and 3) authorize the City Clerk to release labor and material bond no. 410324 in the amount of $391,000 for on -site improvements and Sea Lane and Goldenrod Avenue off -site improvements in six months provided no claims have been filed. 15. COMMENTS ON THE SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED CENTRAL PARK PROJECT (JAMBOREE ROAD SOUTH OF INTERSTATE 405). Approve and direct staff to transmit the proposed letter from the Mayor to the Citv of Irvine. 16. APPOINTMENT BY MAYOR OF 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, 2004. Confirm the Mayor's appointment of Council Member Bromberg, Mayor Pro Tem Adams and Mayor Ridgeway 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, 2004. 17. DISTRICT 5 APPOINTMENT TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE. Confirm Council Member Bromberg s appointment of Walter Lazicki to the District 5 at -large seat. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS is. UNDERGROUNDING UTILITIES IN PROPOSED ASSESSMENT DISTRICT NO. 75 BALBOA BUSINESS DISTRICT AND DESIGNATION OF THIS AREA AS AN UNDERGROUND UTILITIES DISTRICT. Action: 1) Open public hearing on the formation of Assessment District No. 75; 2) Hear testimony from those who desire to speak; 3) Close the public hearing; 4) Count ballots; 5) If more 'yes' votes than 'no' votes have been submitted, and if it is desired to form the District, take the following actions: a) Adopt Resolution No. 2004 approving contracts for utility improvements; b) Adopt Resolution 10. 2004 declaring the results of the ballot tabulation, confirming the assessment. ordering the acquisition of improvement; approving the Assessment Engineers Report, and designating the area an Underground Utilities District for Assessment District No. 75 Balboa Business District. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 6) Approve a budget amendment (04BA -050) in anticipation of the formation and approval of Assessment District No. 75. The proposed budget amendment will increase revenue estimates by $1,14L671 and increase expenditure appropriations by $L039,079. The difference of $100227 will be utilized to establish a bond reserve of approximately $60.522 and 542,071 will be utilized to reimburse the City for past assessment engineering and design expenditures related to this district. The BA also appropriates $55,030 for the related assessment on City owned property. 7) If desired, abandon the proceedings. K. PUBLIC COMMENTS Public Comments are invited on non- agenda items generally considered to be ulithin 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 — Other Committee Activities M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 19. PLANNING COMA Action: 1) 2) 3) N. CONTINUED BUSINESS IISSION AGENDA FOR APRIL 22, 2004. Receive oral report on the most recent Planning Commission actions; Council Member call -up of those items subject to call -up; and Receive and file written report. 20. MEASURE S GUIDELINES — PROPOSED AMENDMENTS (contd. from March 23, 2004). Action: 1) Adopt some or all of the proposed amendments to the Measure S Guidelines: or 2) Direct staff to revise some or all of the proposed amendments and submit the revisions to the City Council for consideration and possible adoption. O. CURRENT BUSINESS 21. CORONA DEL MAR STATE BEACH IMPROVEMENTS — APPROVAL TO ADVERTISE FOR BIDS. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Action: 1) Affirm the categorical exemption for this project: and 2) Direct staff to advertise this project for bid. 22. CODE AMENDMENT INITIATION - HEIGHT REGULATIONS (PA2004 -022). Action: Adopt Resolution No. 2004 initiating the amendment to Title 20 of the NBMC. 23. G -1 POLICY REVIEW Action: 1) Consider the Negative Declaration. comments received and responses provided, and if support by the record as a whole. adopt Resolution No. 2004 -, approving the Negative Declaration; and 2) Approve revisions to the G -1 Policy or make alternative revisions as deemed necessary. P. ITEMS REMOVED FROM THE CONSENT CALENDAR Q. MOTION FOR RECONSIDERATION A motion to reconsider the note on an action taken by the City Council at either this meeting or the precious meeting may be made only by one of the Council members who Doted faith the precai.ling side. R. ADJOURNMENT ;y SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.