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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, August 24, 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 T2 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 August 24, 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 applicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Pastor Kerry Beaulieu, Our Lady Queen of Angels Church F. PRESENTATIONS Lifeguard Check Presentation Cultural Arts Grant Awards Proclamation for Inner Coastal Cleanup Day Presentation by Newport Ocean Sailing Association (NOSA) 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 ae not required to submit a cad as a condition to addressing the Council. If you do fill out the cad please place it i,n th.e box at the podium. Asa cow-te,v, 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 - 13) are considered by the Council to be routine and twill all be enacted by one motion in the form listed below. The City Council Members have receioed detailed staff reports on each of the items recommending all action. There twill be no separate discussion of these items prior to the time the Council totes 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 tcho teish to discuss a Consent Calendar item should come fortward to the lectern upon incitation by the .Mayor, state their name and item number. If the optional sign -in card has been completed it should be placed in the boxprocided at the podium. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF AUGUST 10, 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. RESOLUTIONS FOR ADOPTION 3. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO DIRECT DISPOSAL, INC. 1) Adopt Resolution of Intention No. 2004 -_ to award a Non - exclusive Solid Waste Franchise to Direct Disposal, Inc. and to schedule a public hearing for September 14, 2004; and 2) introduce Ordinance No. 2004 -_ granting a ton- exclusive Solid Waste Franchise to Direct Disposal, Inc. and pass to second reading on September 14, 2004. 4. PARS ACCUMULATED LEAVE CONVERSION PROGRAM. Adopt Resolution No. 2004 -_ to provide an Accumulated Leave Conversion Program to eligible employees with PARS (Phase II) effective July 1, 2004. 5. RESOLUTION SUPPORTING THE MARINE LIFE PROTECTION ACT. Adopt Resolution No. 2004 -_ asking the State to pursue further implementation of the Marine Life Protection Actin Southern California. CONTRACTS AND AGREEMENTS 6. CONTRACT WITH FORMER CITY ATTORNEY. Approve and authorize the City Manager to sign the proposed Temporary Employment Agreement with Robert Burnham. PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH STREET TO CEDAR STREET AND OCEAN FRONT ALLEY BETWEEN 23RD STREET TO 32ND STREET - AWARD OF CONTRACT (C- 3644). 1) Determine that the project is exempt from environmental review pursuant to Section 15302 of the California Environmental Quality Act SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Implementing Guidelines; 2) approve the plans and specifications; 3) award the contract (C -3644) to Majich Brothers, Inc. for the total bid price of $1,045,900 and authorize the Mayor and the City Clerk to execute the contract; and 4) establish an amount of $104,000 to cover the cost of unforeseen work. 8. MEMORANDA OF UNDERSTANDING WITH NEWPORT BEACH CITY EMPLOYEES ASSOCIATION, NEWPORT BEACH EMPLOYEES LEAGUE AND NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION. Approve one -year Memoranda of Understanding with non - safety employee associations. MISCELLANEOUS ACTIONS 9. G -6 POLICY CHANGES. Approve revisions to G -6 Policy (Maintenance and Planting of Parkway Trees) or make alternative revisions as deemed necessary. 10. PROPOSED CITY COUNCIL POLICY, L -25: DECORATIVE ALLEY PAVEMENT PROGRAM. 1) Adopt City Council Policy 1.25 — Decorative Alley Pavement Program: and 2) adopt City STD -144 -L — Interlocking Concrete Paver Alley Pavement. 11. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC). Confirm Council :Member Rosansky's appointment of Matthew Wiley as the District 2 representative to EQAC. 12. TELECOMMUNICATIONS FACILITY PERMIT NO. 2003 -003 (PA2003 -255) (contd. from 5/11/04, 6/8/04, 7/13/04 & 7/27/04). Continue to September 14. 2004. 13. COMMENTS ON DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (DSEIR) FOR PELICAN HILL RESORT. Approve and authorize the Mayor to send the comment letter. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 14. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: PUBLIC HEARING. FOR RENEWAL OF THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT FOR THE 2004 -2005 FISCAL YEAR AND ADOPTION OF RESOLUTION OF CONFIRMATION. Action: 1) Hold public hearing regarding the renewal of the Corona del Mar Business Improvement District; and a) If protests represent less than 50 percent of the total assessment amount adopt Resolution of Confirmation No. 2004-; or b) If protests represent 50 percent or more of the total assessment abandon the proceedings to renew the District. 2) Confirm the BID Advisory Committee. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 15. JOSH SLOCUM'S DINNER AND SUPPER CLUB - USE PERMIT NO. 2003- 036 (PA2003 -220) - 2601 WEST COAST HIGHWAY (contd. from 6/22/04 & 7/13/04). Action: 1) Conduct public hearing; and 2) Deny the appeal and uphold and affirm the decision of the Planning Commission and adopt. Resolution No. 2004 -_ to approve Use Permit No. 2003 -036 allowing the existing restaurant to provide periodic lunch service, increase the occupancy and modify the minimum parking requirements. 16. REVISIONS TO APPEAL AND CALL FOR REVIEW PROCEDURES - CODE AMENDMENT NO. 2004 -002 (PA2004 -028) (contd. from 6/8/04, 6/22/04, 7/13/04 and 8/10/04). Action: 1) Conduct public hearing; 2) Introduce Ordinance No. 1004 -_ approving Code Amendment No, 2004 -002 and pass to second reading on September 14. 8004. K. PUBLIC COMMENTS Public Comments are (nested 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 stateyour n.aine for the record. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report -Ad Hoc General Plan update Committee (GPL'C) 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 17. PLANNING COMMISSION AGENDA FOR AUGUST 19, 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. N. CONTINUED BUSINESS 18. ZONING AMENDMENT /GROUP LIVING USES. Action: Adopt Ordinance No. 2004 -16 amending the Zoning Code. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. a 19. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - SEPTEMBER 17 - SEPTEMBER 19, 2004 IN LONG BEACH (contd. from 8/10/04). Action: Designate as the City's Voting Delegate for the Conference and as the Voting Alternate. CURRENT BUSINESS 20. RESOLUTION OF APPLICATION TO REORGANIZE TERRITORY KNOWN AS THE WESTERN BORDERS ANNEXATION. Action: 1) Determine that the proper boundaries for the Western Borders Annexation area shall be: West Santa Ana Heights (Section A); the Area South of Mesa (Section C); and Emerson Tract (Section D). 2) Adopt Resolution No. 2004 serving as the Resolution of Application to the Orange County Local Agency Formation Commission RAFCO) regarding the reorganization of territory along the city's western borders. 21. SMOKING ON PIERS AND BEACHES. Action: 1) Introduce Ordinance No. 2004 -_ prohibiting smoking on all public piers, beaches, beach walkways, floats, wharfs and Inspiration and Lookout Points and pass to second reading on September 14, 2004; and 2) Approve a budget amendment (05BA -009) in the amount of $19,000 to provide for the purchase, installation and maintenance of smoking ash receptacles. 22. ORDINANCE AMENDING SECTION 12.32.020(B) OF THE NBMC. Action: Introduce Ordinance No. 2004 amending Chapter 12.32 (Restricted Use of Certain Streets), Section 12.32.020(B) (Commercial Vehicle Prohibited from Using Certain Streets - Signposting) of the NB 'N4C, prohibiting commercial vehicles which exceed 6000 pounds from using Ridge Park Road from Newport Coast Drive to Vista Ridge Road: and pass to second reading on September 14, 2004. P. ITEMS REMOVED FROM THE CONSENT CALENDAR Q. MOTION FOR RECONSIDERATION A motion to reconsider the Vote on and 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 noted with the prevailing side. R. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA REGULAR MEETING August 24, 2004 CURRENT BUSINESS 20. RESOLUTION OF APPLICATION TO REORGANIZE TERRITORY KNOWN AS THE WESTERN BORDERS ANNEXATION Action: Continue the item. 22. ORDINANCE AMENDING SECTION 12.32.020(B) OF THE NBMC. Action: Continue the item. S23. LETTER OF RESIGNATION SUBMITTED BY COUNCIL MEMBER ADAMS AND THE OPTIONS AVAILABLE TO THE CITY COUNCIL FOR FILLING THE VACANCY IN DISTRICT 4. Action: 1) The City Council declare the office currently held by Council Member Adams to be vacant on September 1, 2004, the effective date specified in the letter of resignation. 2) The City Council establish a process leading to the appointment of a successor on or before October 1, 2004 as required by Section 403 of the City Charter. S24. LOWER SANTA ANA RIVER PROJECT. Action: Select one or more of the following options, or modify any of the following options: 1) Direct the City Manager to investigate contracting with a firm with an expertise in coastal engineering to monitor and review any work done along West Newport's beaches; 2) Authorize the Public Works Director to issue an Encroachment Permit for the Lower SAR Project that: • Requires contractor compliance with existing Environmental Assessments: • Requires contractor communication with City's oversight staff, if hired; 3) Authorize the Mayor to write a letter to the LS Army Corps of Engineers and to the Orange County Board of Supervisors stating the City's position that: • Sand replenishment is an important protective measure for West Newport: • The City desires that any replenishment work be done via dredge in the near -shore zone to minimize resident and visitor impacts along the beach; • All beach disposal work done should be in accordance with the Project's Environmental Impact Statement and related Supplemental Environmental Assessments, supporting the limit of not more than 350' of beach width following beach disposal; and • Any shortfall in Project funding should near -shore disposal be viable should be addressed by the Corps or the Orange County Flood Control District (OCFCD). SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITENIS.