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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, September 14, 2004 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY _MAYOR [VACANT] 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, ROBIN CLAUSON - Acting City Attorney, LAVONNE HARKLESS - City Clerk, STEPHEN G. BADUM - Director of Public Works, SHARO=N 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 Cit.v Clerk and staff reports are available at, the Citv 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) 611 - :3005). The agendas, minutes and staff reports are also available on the City's web site. The address is: ht.tp://www,cit.v.nem-port- 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 i'2 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 September 14, 3004 STUDY SESSION - 5:00 p.m. CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS aa,t,rttxaaxtttxaaaaa 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 Jeff Gipes, Calvary Chapel of Costa Mesa F. PRESENTATIONS Presentation by Orange County Marathon. G. REORGANIZATION 1, ELECTION OF :MAYOR PRO TEM DUE TO RESIGNATION OF MAYOR PRO TEM ADAMS EFFECTIVE SEPTEMBER 1. 2004. The Mayor presides for the election of the Mayor Pro Tem. The Mayor. in presiding. places all members of the Council on tan equal basis to nominate and elect. Action: 1) Conduct oral nomination,, for Mayor Pro Tem and conduct 2) 3) H. NOTICE TO THE PUBLIC oddre.;s the Council to ossist submit a cord as u condition it ill the box at the podium. in cite silent mode. election by roll call vote. New A4ayor Pro Tem announced by the Citv Clerk. Nlayror Pro Tem takes proper place at Council dais. Tile Citv provides a yellow sign -in card for those wishing to in the preparutimt of the minutes. Speakers arc ?tot required to to uddressi?tg the Council. 1J' you do Jill out the card please place As a courtesy. please turn cell phones and pagers off or set them L 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. J, CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (°— 19) are considered be the Council to be routine and will all be enacted by one motion in the form listed below. The Cih Council llentbers Aare received detailed staff repots on each of the items recommending an action. There will be no separate discussion of these items prior to the time the Council rotes on the motion unless members of the Council, .staff or the public request specific items to be discussed mtd /or removed from the Consent Calendar for separate action. :Members of the public nrho aish to discuss a Consent Calendar item should cone forward to the lectern upon incitation. be the Aloyor, state their name and item number, If the optional sign -in card has been completed it should be placed in the boa prodded ut thepodium. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 2, MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF AUGUST 24, 2004, Naive reading of subject minutes. approve as written and order filed. 3, READING OF ORDINANCES AND RESOLUTIONS. Waive reading ill full of all ordinances and resolutions under consideration, and direct Citv Clerk to read by title only. ORDINANCES FOR INTRODUCTION 4, REVISION OF PARKING METER ZONE IN MARINERS VILLAGE. Introduce Ordinance No. 2004 to amend Parking Meter Zone 2 in \lunicipal Code Section 12.44.020 to add the "Northerly side of Avou Street from Riverside Avenue to 150 feet westerly and to amend Section 13.44.010 to establish fees for parking meters on Avow Street, 5, RESOLUTION OF INTENTION AND ORDINANCE TO APPROVE AN AMENDMENT TO PERS CONTRACT TO PROVIDE PRE - RETIREMENT OPTIONAL SETTLEMENT DEATH BENEFIT TO MISCELLANEOUS EMPLOYEES, 1) Adopt Resolution No. 2004 -_, a Resolution of Intention to approve an amendment to the contract between the Board of administration, California Public Employees Retirement System and the City Council of the City of Newport Beach; and 2) introduce Ordinance No. °004 -_ authorizing an amendment to the contract between the City Council of the City of Newport. Beach and the Board of Administration of the California Public Employees' Retirement System and pass to second reading on October 13. 2004. ORDINANCES FOR ADOPTION 6, REVISIONS TO APPEAL AND CALL FOR REVIEW PROCEDURES — CODE AMENDMENT NO. 2004 -002 (PA2004- 0'38). Adopt Ordinance No. 2004 -18 approving Code Amendment No. 3001 -002. SMOKING ON PIERS AND BEACHES, Adopt Ordinance No. 3004 -19 prohibiting smoking on all public piers. beaches, beach walkwacs. floats, wharfs and Inspiration and Lookout Points. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. RESOLUTION FOR ADOPTION S. ADOPT RESOLUTION TO ESTABLISH NO PARKING RESTRICTIONS FOR STREET SWEEPING. Adopt Resolution No. 2004 -_ establishing NO PARKING restrictions for street sweeping along segment_: of Superior Avenue. 1511' Street, Rutland Road, and Bedford Lane, and rescind Resolution No. 2004 -01. CONTRACTS AND AGREEMENTS 9. WEST NEWPORT /MARINE AVENUE STREETLIGHT REPLACEMENT/ STREETSCAPE IMPROVEMENTS - AWARD OF CONTRACT (C- 3697). 1) Determine that the project is exempt from environmental review pursuant to Section 15302 of the California Environmental Quality Act Implementing Guidelines: 2) approve the plans and specifications: 3) award C -3695 to Moore Electrical Contracting for the total bid price of $466.582.20 and authorise the 2•lavor and the City Clerk to execute the contract: 1) establish an amount of $46,000 to cover the cost of unforeseen work; and 5) approve a budget amendment (05BA -011) transferring $12,6.19.20 from Account No. 729:) - 05100550 to Account No. 7295 - 05300035 and appropriating $99,593 from Unappropriated General Fund. 010 -3605, to Account No. 7013 - 05300035, Streetlight Replacement Program, and $:31,577.81 from Unappropriated General Fund, 010 -3605. to Account. No. 7014- C5100715. Marine Avenue Streetscape Improvement:. 10, MEMORANDUM OF UNDERSTANDING (MOU) WITH ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS AND BUDGET AMENDMENT TO PROVIDE FUNDS FOR NEW EQUIPMENT. 1) Approve the NJOL: 2) approve a budget amendment (05BA -012) transferring funds in the following amounts from the unappropriated General Fund Reserve: a) $20,000 to 2360 -7052 ANBOL Sunglasses: b) $27.580 to 2360 -3200 Special Department Supplies; and c) 515.190 to 2360 -8204 Uniforms. 11, NEWPORT ISLAND CIRCULATION UNIT EVALUATION - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. Approve a Professional Services Agreement with Everest. International Consultants, Inc. (EIC) of Long Beach for analyzing circulation requirements for the Newport Island Channels at a contract price of $18.500 and authorize the Mayor and City Clerk to execute the agreement. ,11ISCELLANEOUS ACTIONS 12, RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMITTEE TO FILL EDC VACANCY. Fill current F.DC vacancy by appointing Mr. .Jim Donnell as "Fashion I Aand' representative. 13. BUDGET AMENDMENT FOR THE PURCHASE OF REPLACEMENT VEHICLE. Authorize the purchase of a vehicle for an estimated cost of 519,000: and approve a budget amendment (05BA -01:3) transferring $19.000 from unappropriated Internal Service Fund reserves to the General Services Department Account 61'20- 9100 to fund the cost to purchase this unit. 14. BUDGET AMENDMENT TO ACCEPT A CHECK FROM PROLITERACY. NEWPORT/1VIESA AND TRANSFER FUNDS TO SALARY AND BENEFITS SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS ACCOUNTS FOR LITERACY SERVICES. Approve a budget amendment (05BA- 010) in the amount of $10,000 in 4010 -5901, Private Donations /Contributions, and increasing salary and benefit expenditure estimates by 510.000 in Division 4060, Literacy. 15. GENERAL PLAN UPDATE — GUIDING PRINCIPLES. Receive and file General Plan Update Guiding Principles. 16. APPOINTMENTS TO FILL VACANT POSITIONS ON VARIOUS COMMITTEES CREATED BY THE RESIGNATION OF MAYOR PRO TEM ADAMS. Confirm the appointment of Council Member Bromberg as the Chair for the Ad Hoc General Plan Update Committee: and Council Member Webb as the representative and Council Member Heffernan as the alternate to the San Joaquin Hills Transportation Corridor Joint Powers Agency Board of Directors. 17. ORDER OF CONSTRUCTION OF PUBLIC IMPROVEMENTS ALONG GRANT STREET AND HIGHLAND STREET FRONTAGES — 7000 AND 7012 WEST COAST HIGHWAY. 1) Direct staff to utilize the procedures set forth in The Improvement Act of 1911, Chapter 37. Construction of Sidewalks and Curbs, of the California Streets and Highways Code, Construction of Sidewalks and Curbs, to cause the construction of public frontage improvements to be made by Owners, 2) Oder the installation of frontage improvements on Grant and Highland Streets . adjacent to 7000 and 7012 West Coast Highway: 3) set October 12. 2004 as the date of the public hearing: and 4) direct the Superintendent of Streets to Notice the Owners of the public hearing and the Oder of construction. 18. 2006 CITY CENTENNIAL CELEBRATION — LOGO SELECTION. approve the reconmendations of the Centennial Committee regarding the selection of a corporate logo for the Centennial and a logo for merchandising opportunities. 19. TELECOMMUNICATIONS FACILITY PERMIT NO. 2003 -003 (PA2003 -255) (contd. from 5/11/04, 6/8/04, 7/13/04 & 7/27/04). Continue to 10/13/04. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. K. PUBLIC HEARINGS 20. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO DIRECT DISPOSAL, INC. Action: 1) Conduct public hearing: and 2) Adopt Ordinance No. 3001 -17 granting a lion- exclusive Solid Waste Franchise to Direct Disposal, Inc. L. PUBLIC COMMENTS Public Comments are incited on non - agenda items generallV vonsi.rdered to be within the subiect matter jurisdiction of the Council -- Speakers must limit comments to .?-minutes. Before speaking. please stale tomr name for the record. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Stat.ua report — Ad Hoc General Plan Update Committee (GPVC) 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 N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 21. PLANNING COMMISSION AGENDA FOR SEPTEMBER 9, '2004. Action: 1) Receive oral report on the most recent Planning Commission action; : 2) Council Member call -up of those items subject to call -up: and 3) Receive and file written report.. O. CONTINUED BUSINESS 22. ZONING AMENDMENT /GROUP LIVING USES (contd. from 8/24/04). Action: Re- introduce Ordinance No. 1004 -16 amending the Zoning Code and pass to second reading on September 18, 1004. P. CURRENT BUSINESS 83, ANALYSIS OF POLICE OPERATIONS — JULY 4, '2004. Action: Review the contents of the report and a short videotape recapping the dace events and provide staff direction on those areas of focus, if any, Council would like brought. back for possible implementation prior to July 4, 2005. Q. ITEMS REMOVED FROM THE CONSENT CALENDAR R. MOTION FOR RECONSIDERATION A motion to reconsider the cote on an oction token by the Cit' Council at either this meeting o the precious meeting moy be mode only be one of the Council members who toted a ith the precoiling side. S. ADJOURNMENT — September 21. 2004 - 5:00 p.m. 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.