Loading...
HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, November 23, 2004 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR STEVE BROMBERG LESLIE J. DAIGLE Mayor Pro Tern Council Member STEVEN ROSANSKY RICHARD A. NICHOLS Council Member Council Member DON WEBB JOHN HEFFERNAN Council Member Council Member HOMER BLUDAU - City Manager, ROBIN CLAUSON - Acting 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 November 23, 2004 STUDY SESSION - 4:30 p.m. CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS ttttx * * * *txtttttx ** A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C. CLOSED SESSION REPORT (if aumlicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Student Rabbi Glenn Ettman, Shir Ha -Ma'a lot Temple F. PRESENTATIONS Earth Resource Foundation Presentation G. NOTICE TO THE PUBLIC The City prouides 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 o. 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 I MINUTE FOR SUMMATION. I. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1— 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 RESOL UTIONS 1. MINUTES OF THE SPECIAL MEETING OF NOVEMBER 5, 2004 AND ADJOURNED REGULAR AND REGULAR MEETING OF NOVEMBER 9, 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 INTRODUCTION 3. FATS, OIL AND GREASE (FOG) CONTROL ORDINANCE. Introduce Ordinance No. 2004 amending Chapter 14.30 of the NBMC to reflect new wastewater system requirements of the Regional Board and pass to second reading on December 14, 2004. ORDINANCE FOR ADOPTION 4. CODE AMENDMENT NO. 2003 -003 — AMENDMENT TO MODIFICATION PERMIT PROCEDURES TO REQUIRE ADDITIONAL FINDINGS AND REPLACE THE MODIFICATIONS COMMITTEE WITH A ZONING ADMINISTRATOR (PA 2003 -080). Adopt Ordinance No. 2004 -25 approving Code Amendment No. 2003 -003. 5. NEW NBMC CHAPTER 11.04 — PARK FACILITIES — RULES AND REGULATIONS. Adopt Ordinance No. 2004 -26 to provide expanded enforcement capabilities in City parks. RESOLUTIONS FOR ADOPTION 6. GPA INITIATION (GI 2004 -003) AMENDMENTS TO THE HOUSING ELEMENT (PA 2004 -235). Approve the initiation of amendments to the Housing Element of the General Plan modifying existing provisions and adding new provisions by adopting Resolution No. 2004 7. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2004, AND ADOPTION OF SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2005. 1) Approve Marine Avenue Business Improvement District 2004 Annual Report; and 2) adopt Resolution of Intention No. 2004 - and set the public hearing for December 14, 2004. 8. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2004 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2005. 1) Approve Restaurant Association Business Improvement District 2004 Annual Report; and 2) adopt Resolution of Intention No. 2004 -_ and set the public hearing for December 14, 2004. CONTRACTS AND AGREEMENTS 9. GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3634). 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 year after Council acceptance. 10. JAMBOREE ROAD STREET REHABILITATION - FORD ROAD TO BISON AVENUE - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3625). 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 year after Council acceptance. 11. SAN MIGUEL /SPYGLASS HILL -EAST GATE TRAFFIC SIGNAL INSTALLATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3678). 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 year after Council acceptance. 12. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH WRC CONSULTING SERVICES FOR PREPARATION OF THE NEWPORT BOULEVARD WETLANDS PROJECT CONSTRUCTION DOCUMENTS. Approve a Professional Services Agreement with WRC Consulting Services, Inc. (WRC) of Anaheim for preparing planning and construction documents for the Newport Boulevard constructed wetlands at a negotiated fee of $72,982 and authorize the Mayor and the City Clerk to execute the agreement. 13. APPROVAL OF COST STUDY CONTRACT WITH MTG MANAGEMENT CONSULTANTS FOR THE INTEGRATED LAW AND JUSTICE PROJECT. Award bid and authorize the City Manager to execute the contract with MTG Management Consultants in the amount of $70,000 funded from Account #7017 - C1820747. 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. MISCELLANEOUS ACTIONS 14. PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 19 - SANTA ANA HEIGHTS (AREA BOUNDED BY MESA DRIVE, CYPRESS STREET AND A PORTION OF ORCHARD DRIVE). Schedule a public hearing for 7:00 p.m. on January 11, 2005 to determine whether or not an Underground Utilities District should be formed in Santa Ana Heights along Mesa Drive, Cypress Street, and a portion of Orchard Drive, using the procedure of Chapter 15.32 of the municipal code. 15. APPOINTMENTS TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE. Confirm Mayor Ridgeway's appointment of Jeannette Thomas as the District 1 representative and Council Member Webb's appointment of Barbara Thibault as the District 3 at -large representative to the Environmental Quality Affairs Citizens Advisory Committee (EQAC). 16. BROWN ACT INFORMATION RELATING TO AGENDAS. Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 17. APPEAL OF A STAFF DENIAL FOR ENCROACHMENT PERMIT NUMBER N2004 -0369 TO ALLOW A CURB CUT IN FIRST AVENUE ADJACENT TO 425 BEGONIA AVENUE (contd. from 11/9/04). Action: Uphold the denial on the basis that the proposed curb opening is not allowed under the provisions of City Council Policy L -2.C. 18. ESPINOZA CONDOMINIUM CONVERSION (PA2004 -137) - CONDOMINIUM CONVERSION NO. 2004 -014; NEWPORT TRACT MAP NO. 2004 -002; AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 2004 -001 - 329 MARGUERITE AVENUE - PROPOSAL IS TO CONVERT AN EXISTING 7- UNIT APARTMENT BUILDING TO CONDOMINIUMS FOR INDIVIDUAL SALE. Action: 1) Conduct public hearing; and 2) Affirm the action of the Planning Commission to approve the referenced applications. 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Status report — Mariners Joint Use Library Ad Hoc Steering Committee Status report— Other Committee Activities M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT N. 19. PLANNING COMMISSION AGENDA FOR NOVEMBER 1S, 2004. Action: 1) Receive oral report on the most recent Planning Commission actions; 2) Council Member appeal of Planning Commission, Modification Committee or Planning Director approvals subject to appeal; and 3) Receive and file written report. 20. REFILLING OF VACANCIES ON GENERAL PLAN ADVISORY COMMITTEE (contd. from 11/9/04). Action: Review recommendations of the General Plan Update Committee, and make appointments to the Advisory Committee. O. CURRENT BUSINESS 21. NAMING OF PARK LOCATED AT THE CORNER OF JAMBOREE ROAD AND PACIFIC COAST HIGHWAY (PCH). Action: Consider naming the park located at the corner of Jamboree Road and PCH from one of the four suggestions chosen by the Parks, Beaches & Recreation Commission: 1) Back Bay View Park; 2) Jamboree Bluff Park; 3) Rim of the Bay Park; or 4) Upper Bayview Park. 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 meeting or the previous meeting ma,Y be made only by one of the Council members wh.o voted with the prevailing side. R. ADJOURNMENT 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.