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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, July 13, 2004 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR GARY ADAMS STEVE BROMBERG Mayor Pro Tem Council Member STEVEN ROSANSKY Council Member DON WEBB 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 - 8800 NEWPORT BOULEVARD July 13, 2004 STUDY SESSION - 5:00 p.m. CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS ++ +max + ++ +max + ++ +max ++ 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 - Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal Parish Church F. PRESENTATIONS Presentation by Second Harvest Food Bank of Orange County. 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. I. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1— 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 MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JUNE 22, 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. CONTRACTS AND AGREEMENTS 3. AMENDED AGREEMENT BETWEEN THE CITY, THE COUNTY OF ORANGE, AND THE ORANGE COUNTY DEVELOPMENT AGENCY REGARDING A FIRE STATION AND COMMUNITY CENTER IN SANTA ANA HEIGHTS. Approve the amendment to an existing agreement between the City, the County of Orange, and the Orange County Redevelopment Agency to acquire real property for a regional community center and fire station and to construct a permanent fire station in Santa Ana Heights. 4. CORONA DEL MAR STATE BEACH IMPROVEMENTS — REJECT ALL BIDS FOR CONTRACT NO. 3461. Reject all bids. 5. CONTRACT RENEWAL WITH LDM ASSOCIATES FOR ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 2003 -2004. Approve the proposed contract renewal with LDM Associates. 6. PROFESSIONAL SERVICES AGREEMENT TO PREPARE A MITIGATED NEGATIVE DECLARATION FOR A PROPOSED SHOPPING CENTER PROJECT LOCATED NORTHWEST OF THE INTERSECTION OF WEST COAST HIGHWAY AND DOVER DRIVE (PA2004 -141). Approve a Professional Services Agreement with RBF Consulting of Irvine to prepare environmental documents at a cost not to exceed $64,540 and authorize the City Manager to sign the agreement. 7. PROFESSIONAL SERVICES AGREEMENT FOR PROJECT MANAGEMENT SERVICES AND PROFESSIONAL SERVICES AGREEMENT TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR NEWPORT LEXUS SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. PROJECT. 1) Approve a Professional Services Agreement with Hogle- Ireland, Inc. of Irvine, for project management and staff services at a not to exceed cost of $37,800; 2) approve a Professional Services Agreement with Environmental Services Associates, Inc. (ESA) of Los Angeles for professional environmental services to prepare an Environmental Impact Report not to exceed cost of $115,000; and 3) authorize the City Manager to sign the agreements. MISCELLANEOUS ACTIONS S. LAW ENFORCEMENT BLOCK GRANT - CRIME PREVENTION. Receive public comments and accept continued funding of the Crime Prevention Program under the provisions of the United States Department of Justice Local Law Enforcement Block Grant 2003 LLBX -0763. 9. MARINE AVENUE STREETSCAPE IMPROVEMENTS - PRE - PURCHASE OF STREET LIGHT POLES AND FIXTURES, BENCHES AND LITTER RECEPTACLES. 1) Determine that the project is exempt from environmental review pursuant to Section 15302 of the California Environmental Quality Act Implementing Guidelines; 2) authorize staff to proceed with the Marine Avenue Street Light Pole and Fixture Replacement Order for total not -to- exceed price of $34,154; and 2) authorize staff to proceed with the Marine Avenue Bench and Litter Receptacle order with D.M. Braun & Company for a not -to- exceed price of $74,688. 10. REQUEST FOR ADDITIONAL FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 87 (BIG BALBOA ISLAND). Authorize an advance from the General Fund in the amount of $371,338 to Assessment District No. 87, Account No. 74087 -9810 for electrical design (05BA -001). 11. MORNING CANYON (C -3711) - ARUNDO REMOVAL. 1) Determine that the project is exempt from environmental review pursuant to Section 15304 of the CEQA Implementation Guidelines; and 2) direct staff to proceed with the Arundo Removal project in Morning Canyon north of East Coast Highway. 12. MEASURE S GUIDELINES - MINOR AMENDMENT. Adopt the proposed amendment to the Measure S Guidelines. 13. TELECOMMUNICATIONS FACILITY PERMIT NO. 2003 -003 (PA2003 -255) (contd. from 5111104 and 6/8104). Continue to July 27, 2004 at the request of the applicant. 14. REVISIONS TO APPEAL AND CALL FOR REVIEW PROCEDURES - CODE AMENDMENT NO. 2004 -002 (PA2004 -028) (contd. from 618104 & 6/22/04). Continue to August 10, 2004. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 15. JOSH SLOCUM'S DINNER AND SUPPER CLUB - USE PERMIT NO. 2003- 036 (PA2003 -220) - 2601 WEST COAST HIGHWAY (contd. from 6/22104). Action: Continue to August 24, 2004 at the request of the appellant. 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 16. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO GOODWIN ENTERPRISES, INC. Action: 1) Conduct public hearing; and 2) Adopt Ordinance No. 2004 -14 granting a Non - exclusive Solid Waste Franchise to Goodwin Enterprises, Inc. 17. MARINER'S MILE LANDSCAPE STANDARDS, MUNICIPAL CODE SECTION 20.42.050(M), CODE AMENDMENT NO. 2004 -006 (PA 2004 -104) - AMENDS THE STANDARDS TO REDUCE THE NUMBER OF PALM TREES REQUIRED AND PROVIDE FLEXIBILITY IN THE SPECIES OF HEDGES REQUIRED ACROSS THE FRONTAGE OF PROPERTIES ON COAST HIGHWAY BETWEEN NEWPORT BOULEVARD AND THE BACK BAY BRIDGE. Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2004 approving Code Amendment No. 2004 -006 and pass to second reading on July 27, 2004. 18. MARINAPARK RESORT & COMMUNITY PLAN - FINAL ENVIRONMENTAL IMPACT REPORT (PA 2003 -218) - 1700 WEST BALBOA BOULEVARD. Action: Review the Environmental Impact Report (EIR), receive public comments during the public hearing; and continue the public hearing to July 27, 2004. 19. ZONING AMENDMENT/RECOVERY FACILITIES. Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2004 -_ amending the Zoning Code and pass to second reading on July 27, 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT N. 20. PLANNING COMMISSION AGENDA FOR JULY 8, 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 3) Receive and file written report. 21. MASTER FEE RESOLUTION. Action: Adopt Resolution No. 2004 -_ updating the Master Fee Schedule. 22. MESA -BIRCH PARCELS IN SANTA ANA HEIGHTS. Action: Authorize the Mayor to send a letter to Supervisor Silva advocating that the Orange County Development Agency (OCDA) use two parcels in Santa Ana Heights for passive parkland and stating the City's willingness to maintain the park if the OCDA plans and constructs it. 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA REGULAR MEETING July 13, 2004 PUBLIC HEARING AMENDED TITLE & RECOMMENDATION 18. MARINAPARK RESORT & COMMUNITY PLAN - FINAL ENVIRONMENTAL IMPACT REPORT (PA 2003 -218); FISCAL IMPACT ANALYSIS - 1700 WEST BALBOA BOULEVARD. Action: Review the Environmental Impact Report (EIR), receive public comments during the public hearing; review and comment on the draft fiscal impact analysis; and continue the public hearing to July 27, 2004.