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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, May 11, 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 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 May 11, 2004 STUDY SESSION - 4:30 p.nL 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 apolicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Associate Pastor Patrick Thompson, Presbyterian Church of the Covenant, Costa Mesa F. PRESENTATIONS Arts Commission Presentation - Annual Report FY 2002 -2003 and Program Preview FY 2003 -2004. Sister Cities Presentation on recent trip to Okazaki 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 in 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. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed. under CONSENT CALENDAR (I - 16) 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 MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF APRIL 27, 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 ADOPTION 3. ORDINANCE PROHIBITING ISSUANCE OF NEW SHORT TERM LODGING PERMITS IN SINGLE FAMILY ZONES SUBSEQUENT TO JUNE 1, 2004. Adopt Ordinance No. 2004 -6. 4. PUBLIC NUISANCE ABATEMENT (CHAPTER 10.50) - PROPOSED AMENDMENTS. Adopt Ordinance No. 2004 -7 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. RESOLUTIONS FOR ADOPTION 5. FOURTH OF JULY STREET CLOSURE RESOLUTION. Adopt Resolution No. 2004 authorizing temporary closure or diversion of traffic from portions of Seashore Drive, the "100" block streets and alleys between 32nd Street and 541h Street, Balboa Boulevard, Back Bay Drive and Newport Boulevard during the Fourth of July holiday, to install temporary boundaries on Seashore Drive, and to close certain parking lots. CONTRACTS AND AGREEMENTS 6. APPROVAL OF REIMBURSEMENT AGREEMENTS WITH IRVINE RANCH WATER DISTRICT AND COSTA MESA SANITARY DISTRICT FOR JOINT UTILITY EFFORTS WITH THE IRVINE AVENUE 24 -INCH WATER MAIN TRANSMISSION MAIN REPLACEMENT PROJECT - CONTRACT NO. 3411 AND AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH DANIEL BOYLE ENGINEERING. 1) Approve Reimbursement Agreements with the Irvine Ranch Water District (IRWD) and the Costa Mesa Sanitary District SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. (CMSD) for construction of water and sewer facilities with the City's Irvine Avenue 24 -inch Water Transmission Main Replacement Project; and 2) approve Amendment No. 2 to Professional Services Agreement with Dan Boyle Engineering (DBE) for a not -to- exceed fee of $29,940. NEWPORT SHORES STREET END IMPROVEMENTS - PHASE I (C- 3669). 1) Approve the plans and specifications; 2) award the contract (C -3669) to Diversified Landscape Management, Inc. for the total bid price of $54,992 and authorize the Mayor and the City Clerk to execute the contract: and 3) establish an amount of $5,000 to cover the cost of unforeseen work. STORM DRAIN AND SEWER REPLACEMENT - AWARD OF CONTRACT (C- 3645). 1) Approve the plans and specifications; 2) award the contract (C -3645) to GCI Construction, Inc. for the total bid price of $730,255 and authorize the Mayor and City Clerk to execute the contract; 3) establish an amount of $72,000 to cover the cost of unforeseen work; 4) approve a reimbursement agreement with the Orange County Sanitation District; and 5) approve a budget amendment (04BA -057) increasing revenue estimates by $93,430 in account 250 -5901, Affordable Housing Contributions, and $93,430 in account 250 -4839, Orange County Sanitation District Contributions, transferring $63,313 from City -Wide Slurry Account 7181- C5100462 to Storm Drain Improvement Program 7181- C5100008, and increasing expenditure appropriations by $186,860 in 7251- C5100755. 9. RELINQUISHMENT OF BRISTOL STREET NORTH AND SOUTH - APPROVAL OF COOPERATIVE AGREEMENT WITH STATE OF CALIFORNIA AND ADOPTION OF RESOLUTION. 1) Approve the cooperative agreement with the State of California, which provides for the relinquishment of that portion of the northbound and southbound Bristol Street frontage roads on State Route 73 (SR 73), between Jamboree Road and Irvine/ Campus Drive to the City of Newport Beach; 2) adopt Resolution No. 2004 to accept the request of the State of California to relinquish the right -of -way for northbound and southbound Bristol Street frontage roads on State Route 73 (SR 73), between Jamboree Road and Irvine /Campus Drive; and 3) direct staff to invoice the State of California in the amount of $750,000. 10. COUNTY LANDFILL FEE AGREEMENT. 1) Accept the County offer to extend the Waste Disposal Agreement through June 30, 2010: and 2) authorize the City Manager to execute Amendment No. 1 to the Waste Disposal Agreement. 11. BUDGET AMENDMENT AND APPROVAL OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR HAR13OR RESOURCES PROGRAM AND PROJECT SUPPORT WITH TETRA TECH, INC. 1) Approve Amendment No. 1 to an existing sole- source Professional Services Agreement with Tetra Tech Inc. extending the agreement's term to June 30, 2005; and 2) approve a budget amendment (04BA -059) appropriating $50,750 from unencumbered reserves (Tidelands Fund) to the City Manager's 0310 -8080 account to fund the period of December 1, 2003 through June 30, 2004. 12. TIDELANDS GRANTS. Authorize the City Manager to execute an agreement with the County of Orange that would approve a re- alignment of tidelands pursuant to legislation and on a revenue neutral basis. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. MISCELLANEOUS ACTIONS 13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH ARTS FOUNDATION AND APPROPRIATE FUNDS FOR SHAKESPEARE BY THE SEA PRODUCTIONS, 2004. Approve a budget amendment (04BA -056) in the amount of $4,000. 14. BUDGET AMENDMENT TO INCREASE REVENUE ESTIMATES WITH AN UNANTICIPATED REVENUE OF DIRECT LOAN REIMBURSEMENT FROM THE STATE OF CALIFORNIA AND TO APPROPRIATE SPECIFIED FUNDS TO A REVENUE ACCOUNT AND AN EXPENDITURE ACCOUNT. Approve a budget amendment (04BA -058) to increase revenue estimates by $83,472.48, the amount of an additional CSLA direct loan payment to the Newport Beach Public Library, and to appropriate $1000 to expenditure account 7451- C5100756 for ground breaking ceremonies on June 10, 2004 for the new Mariners Library. 15. APPOINTMENTS TO ECONOMIC DEVELOPMENT COMMITTEE. Appoint Debra Legan to the Medical Industry seat and Richard Wray to the Newport Center seat on the Economic Development Committee (EDC). 16. BUDGET AMENDMENT FOR NEWPORT COAST: COST OF MAINTAINING CERTAIN PROPERTIES ALONG PUBLIC STREETS. 1) Approve a budget amendment (04BA -060) in the amount of $600,000 to the City Manager's Professional and Technical Services account (0310 -8080) with $100,000 coming from the General Services Department's 8080 account and $500,000 from unappropriated General Fund reserves; and 2) direct the City Manager to disperse funds in the amount of $600,000 to the Newport Coast Community Association (NCCA). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. 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. 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 — Other Committee Activities L. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 17. PLANNING COMMISSION AGENDA FOR MAY 6, 2004. Action: 1) Receive oral report on the most recent Planning Commission actions; SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 2) Council Member call -up of those items subject to call -up; and 3) Receive and file written report. M. CONTINUED BUSINESS is. TELECOMMUNICATIONS FACILITY PERMIT NO. 2003 -003 (PA2003 -255) - TELECOMMUNICATIONS LICENSE AGREEMENT - 4600 WEST COAST HIGHWAY (APPLICANT - CINGULAR WIRELESS) (contd. from April 13 & 27, 2004). Action: 1) Approve Telecom Permit No. 2003 -255 subject to the findings and conditions of approval attached to the staff report; and 2) Authorize the City Manager to execute the Telecommunica- tions License Agreement. N. CURRENT BUSINESS 19. CABLE COMMUNICATIONS FRANCHISES ORDINANCE. Action: 1) Introduce Ordinance No. 2004•_ relating to cable communications franchises; and 2) Pass to second reading on May 25, 2004. 20. PUBLIC RIGHT -OF -WAY ORDINANCE. Action: 1) Introduce Ordinance No. 2004 pertaining to use of the public right -of -way; and 2) Pass to second reading on May 25, 2004. 21. NOTICE OF INTENTION TO MAKE APPLICATION TO REORGANIZE TERRITORY KNOWN AS THE WESTERN BORDERS ANNEXATION. Action: 1) Delineate a general boundary for the Western Borders Annexation area; 2) Set June 8, 2004 as the public hearing at which the City Council will consider adoption of a Resolution of Intention to Reorganize Territory; and 3) Direct staff to provide legal notice (per Government Code section 56654) of the Council's intent to submit a Resolution of Application to the Orange County Local Agency Formation Commission (LAFCO) relating to lands along the city's western borders. 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 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA REGULAR MEETING MAY 11, 2004 CONSENT CALENDAR S22. REVISIONS TO COUNCIL POLICY G -2 — "ADOPT -A- BEACH" PROGRAM. Amend Council Policy G -2, "Adopt -A- Beach" Program, as shown in the staff report.