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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, June 8, 2004 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR GARY ADAMS Mayor Pro Tem 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 June 8, 2004 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 auulicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION F. PRESENTATIONS Elks Lodge Announcement of Flag Day Celebration Presentation by Christine Pieton, Chair of the Corona del Mar High School "Eoery 15 Minutes" Program G. NOTICE TO THE PUBLIC The City provides a pellow sign -in card for those wishing to address the Council to assist in the preparation of the minutes. Speakers are not required to submit o card as o 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 rode. 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 (1— 21) are considered by the Council to be routine and will all be enacted by one motion in the form listed below ?. The Citv Council Members have received detailed staff reports on. each of the items reconunendi.ng 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 boy provided at the podium. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MAY 25, 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. ORDINANCES FOR INTRODUCTION 3. ORDINANCE AMENDING SECTIONS 12.24.065 AND 12.24.080 OF THE NBMC REGARDING REDUCING THE PRIMA FACIE SPEED LIMIT OF RIDGE PARK ROAD FROM SAN JOAQUIN HILLS ROAD TO NEWPORT COAST DRIVE. Introduce Ordinance No_ 2004 -_ amending Chapter 12.24 (Special Speed Zones), Sections 12.24.065 and 12.24.080 of the NBMC reducing the prima facie speed limit on Ridge Park Road from San Joaquin Hills Road to Newport Coast Drive from 40 mph to 30 mph. ORDINANCES FOR ADOPTION 4. CODE AMENDMENT NO. 2004 -003 (PA2004 -066) — REQUEST TO AMEND DISTRICTING MAP NO. 25 TO ESTABLISH A 10 -FOOT SETBACK ON ORANGE AVENUE FOR A PROPERTY LOCATED AT 3315 CLAY STREET (PA2004 -066). Adopt Ordinance No_ 2004 -10. 5. PUBLIC RIGHT -OF -WAY ORDINANCE. Adopt Ordinance No. 2004 -9 pertaining to use of the public right -of -wag. 6. DISCHARGE OF WEAPONS ORDINANCE. Adopt Ordinance No. 2004 -11. RESOLUTIONS FOR ADOPTION 7. AD HOC TELECOMMUNICATIONS COMMITTEE: EXTENSION OF TERM. Adopt Resolution No. 2004 -_ extending the term of the Ad Hoc Telecommunications Committee to June 30, 2005. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 8. REVISED PARKING LOT FEES FOR BALBOA PIER AND CORONA DEL MAR PARKING LOTS. Rescind Resolution No. 92 -105 and adopt Resolution No. 2004 -, amending the City Fee Schedule for parking fees at the Balboa Pier and Corona del Mar parking lots. CONTRACTS AND AGREEMENTS 9. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 101 (AREA BOUNDED BY EAST EDGEWATER AVENUEIEDGEWATER PLACE, ISLAND AVENUE, EAST BALBOA BOULEVARD, AND ADAMS STREET AND BUENA VISTA BOULEVARD, LINDO AVENUE, AND WEST BAY AVENUE) (contd. from 5/25/04). 1) Authorize an advance (04BA -061) from the General Fund in the amount of $102,745 to Assessment District No. 101 and appropriate $40,000 to 74101 -9810 for electric design, $40,000 to 74101 -9811 for phone design, and $22,745 to 74101- 9812 for assessment engineering services; and 2) authorize the City Manager to execute a Professional Services Agreement with MuniFinancialin the not to exceed amount of $22,745 for assessment engineering services. 10. MARINER'S MILE WATERFRONT WALKWAY PIERHEAD LINE EXTENSION: APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CASH & ASSOCIATES (contd. from 5/25/04). 1) Approve Amendment No. 1 to Professional Services Agreement with Cash 8. Associates and authorize the Mayor and the City Clerk to execute the amendment; and 2) approve a budget amendment (04BA -063) in the amount of $15,000 from the Tide and Submerged Land fund balance, 230 -3605. to Tidelands Capital, 7231 - 05100314. 11. CLEAN BEACHES - STORM DRAIN DIVERSION SUPPORT SERVICES - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS. INC. (contd. from 5/25/04). Approve a Professional Services Agreement with Everest International Consultants, Inc. of Long Beach for Storm Drain Diversion Support Services at a contract price of $57,613 an authorize the Mayor and the City Clerk to execute the agreement. 12. JAMBOREE ROAD STREET REHABILITATION - FORD ROAD TO BISON AVENUE - AWARD OF CONTRACT (C- 3625). 1) Approve the plans and specifications; 2) award the contract (C -3625) to All American Asphalt, Inc. for the total bid price of $733,733 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $73,000 to cover the cost of unforeseen work. 13. 32ND STREET TIDE VALVE REPLACEMENT - AWARD OF CONTRACT (C- 3667). 1) Approve the plans and specifications; 2) award the contract (C- 3667) to GCI Construction, Inc. for the total bid price of $77,970 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $7,000 to cover the cost of unforeseen work; and 4) approve a budget amendment (04BA -067) in the amount of $10,635 from the Tide and Submerged Land fund balance, 230 -3605, to Tide and Submerged Land, Tidal Valve Replacement Program, 7231- C3170722. 14. APPROVAL FOR SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 16468. 1) Approve a Subdivision Improvement Agreement guaranteeing the completion of the public improvements required by Tract Map No. 16468; and 2) authorize the Mayor and the City Clerk to execute the Agreement. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 15. OCEAN FRONT WALKWAYS - MCFADDEN SQUARE - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3660). 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 one (1) year after Council acceptance. MISCELLANEOUS ACTIONS 16. TRANSFER OF TRAFFIC CONGESTION RELIEF FUNDS TO MEET STATE GUIDELINES. Approve a budget amendment (04BA -068) transferring $50,492.63 of the appropriation for the Newport Boulevard 26th Northerly Project (C -3649) from the Gas Tax Fund, 7181 - 05100729 to the Traffic Congestion Relief Fund, 7191- 05100729, and transfer $34,000 from 7191 - 05100714, Jamboree Road Rehabilitation, Ford to Bison, to 7191- C5100729, Newport Boulevard 26th Northerly. 17. BUDGET AMENDMENT - CALIFORNIA SEAT BELT COMPLIANCE CAMPAIGN PROGRAM - FISCAL YEAR 2004 -2005. Approve a budget amendment (04BA -066) to an existing grant in the amount of $15,940 for the Police Department budget in fiscal year 2003 -2004, to fund additional Beat belt enforcement, as a part of the California Seat Belt Compliance Program. 18. 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 A CAPITAL IMPROVEMENTS ACCOUNT. Approve a budget amendment (04BA -070) to increase revenue estimates in 4010- 4834 by $93,199.18, the amount of an additional CSLA Direct Loan payment to the Newport Beach Public Library, and to appropriate $79,200 to Capital Improvements account 7017- C4009617 for upgrading Library CPU's, with the remaining $13,999.18 to be added to the unappropriated fund balance in the Mariners Library Building fund, 450 -3605. 19. BUDGET AMENDMENT TO ACCEPT A CHECK FROM MARCIVE AND APPROPRIATE FUNDS TO MAINTENANCE & OPERATIONS BUDGET ACCOUNT FOR FY 2003 -04. Approve a budget amendment (04BA -071) in the amount of $6,820. 20. BOARD AND COMMISSION SCHEDULED VACANCIES - CONFIRMATION OF NOMINEES. Confirm the nominees as listed in the staff report. 21. TELECOMMUNICATIONS FACILITY PERMIT NO. 2003 -003 (PA2003 -255) (contd. from 5/11/04). Continue to July 13, 2004. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 22. FISCAL YEAR 2004 -05 PROPOSED BUDGET HEARING. Action: 1) Conduct public hearing; and 2) .After taking public input, prepare a "checklist" of proposed changes to the proposed budget that will be reviewed by the SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. City Council at the meeting of June 22. 2004: and direct the preparation of the Budget Resolution for adoption at the Council Meeting of June 22, 2004, including any "checklist" items that are recommended for approval. 23. 2004 -05 APPROPRIATION LIMIT HEARING. Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 2004 -_ approving the City's Appropriation (Gann) Limit for the 2004 -05 fiscal year in the amount of $112,315,605. 24. CORPORATE PLAZA PLANNED COMMUNITY AMENDMENT - PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2004 -002 (PA2004- 073). Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2004 -_ approving Planned Community Development Plan Amendment No. 2004 -002; and 3) Pass to second reading on June 22, 2004. 25. REVISIONS TO APPEAL AND CALL FOR REVIEW PROCEDURES - CODE AMENDMENT NO. 2004 -002 (PA2004- 028). Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2004 -_ approving Code Amendment No. 2004 -002 and pass to second reading on June 22. 2004. 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 - Other Committee Activities M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 26. PLANNING COMMISSION AGENDA FOR JUNE 3, 2004. Action: 1) Receive oral report on the most recent Planning Commission actions: 2) Council Member call -up of those items subject to call -up: and 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 3) Receive and file written report. N. CONTINUED BUSINESS A 27. PROPOSED AMENDMENTS OF THE MEASURE S GUIDELINES (contd. from 4/20/04). Action: If desired, approve amendments. 28. SALES TAX SHARING AGREEMENT WITH NEWPORT BEACH LEXUS. Action: Approve and authorize the Mayor to execute the agreement. 29. APPROVAL OF THE MEMORANDUM OF UNDERSTANDING (MOU) AND REIMBURSEMENT AGREEMENT WITH THE NEWPORT -MESA SCHOOL DISTRICT FOR THE NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD (C- 3684). Action: 1) Approve the MOU and Reimbursement Agreement between the City of Newport Beach and the Newport -Mesa Unified School District for the Newport Coast Elementary School Loop Road: and 2) Approve a budget amendment (04BA -069) authorizing the transfer of excess Bonita Canyon Bond funds from the City Improvement Account to the School Improvement Account for the total anticipated project cost of $508.889. The BA will appropriate $460,007 in the Contributions Funds and $25,259 in the General Fund for anticipated project costs not yet appropriated and will increase revenue estimates in the Contributions Band by $460,007 and General Fund revenue by $47,883 to reflect the reimbursement from the School District Improvement account. 30. NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD - AWARD OF CONTRACT (C- 3684). Action: 1) Approve the plans and specifications; 2) Award the contract (C -3684) to GCI Construction, Inc. for the total bid price of $364.552 and authorize the Mayor and the City Clerk to execute the contract; 3) Establish an amount of $36,500 to cover the cost of unforeseen work; 4) Approve geotechnical work in the amount of $7,500; 5) Approve special retaining wall inspection services in the amount of $15:000. 31. PROPOSED ASSESSMENT DISTRICT NO. 68 (NEWPORT SHORES) FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITY DISTRICT. Action: 1) Adopt the following Resolutions for proposed Assessment District No. 68: 6 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS a) Resolution No. 2004 -_ making find on a petition for, adopting a map showing the proposed boundaries of, and making appointments for proposed Assessment District No. 68; b) Resolution No. 2004 -_ declaring intention to order the construction of certain improvements in proposed Assessment District No. 68; declaring the improvements to be of special benefit; describing the district to be assessed to pay the costs and expenses thereof; providing for the issuance of bonds; and designating the area an underground utilities district; c) Resolution No. 2004 -_ giving preliminary approval to the report of the assessment engineer, setting the time and place for a public hearing as July 13, 2004; and ordering the intention of assessment ballot procedure for Assessment District No. 68; and 2) Approve the Bond Counsel Agreement with Robert Hessell. 32. PROPOSED ASSESSMENT DISTRICT NO. 69 - WEST NEWPORT (AREA BETWEEN SEASHORE DRIVE AND W. OCEAN FRONT, FROM SUMMIT ST. TO 33RD STREET; BETWEEN RIVER AVENUE AND SEASHORE DRIVE FROM 56TH STREET TO 47TH STREET AND OCEAN FRONT ALLEY, FROM 33RD STREET TO ALLEY EAST OF 30TH STREET) FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT. Action: 1) Adopt the following Resolutions for proposed Assessment District No. 69: a) Resolution No. 2004 -_ making find on a petition for, adopting a map showing the proposed boundaries of, and making appointments for proposed Assessment District No. 69; b) Resolution No. 2004 -_ declaring intention to order the construction of certain improvements in proposed Assessment District No. 69; declaring the improvements to be of special benefit: describing the district to be assessed to pay the costs and expenses thereof; providing for the issuance of bonds; and designating the area an underground utilities district: c) Resolution No. 2004 -_ giving preliminary approval to the report of the assessment engineer, setting the time and place for a public hearing as July 27, 2004; and ordering the intention of assessment ballot procedure for Assessment District No. 69; 2) Approve the Bond Counsel Agreement with Robert Hessell; and 3) Approve a Professional Services Agreement Amendment with Harris and Associates for an additional fee of $38,600. 33. MARINAPARK RESORT AND COMMUNITY PLAN AND DRAFT ENVIRONMENTAL IMPACT REPORT. Action: Review the proposed project and DEIR, receive public comments, and provide direction on issues to be addressed at the Planning 7 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS Commission public hearing on July 8, 2004 and at the City Council public hearings on July 13 and July 27, 2004. P. ITEMS REMOVED FROM THE CONSENT CALENDAR Q. MOTION FOR RECONSIDERATION A motion. to reconsider the vote on any action taken by the City Council at either this ineetin.g or the precious meeting may be made only by one of the Council members who noted with the prevailing side. R. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS