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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, February 25, 2003 Regular Council Meeting - 7:00 p.m. STEVEN BROMBERG MAYOR TOD W. RIDGEWAY GARY ADAMS Mayor Pro Tern Council Member GARY L. PROCTOR Council Member DON WEBB RICHARD A. NICHOLS Council Member JOHN HEFFERNAN Council Member 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 If you would like to address the City Council on a scheduled agenda item, please complete the yellow SPEAKER'S CARD. The cards are available in the lobby of the Council Chambers. Please identify on the card your name, address, and the item on which you would like to speak and place it in the box at the podium when you address the Council. The SPEAKER'S CARD assists the Mayor in ensuring that all persons wishing to address the Council are recognized and your name is recorded correctly in the official records. 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 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD February 25, 2003 - 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 - The Reverend Richard Menees, Saint James Episcopal Church F. PRESENTATION Presentation by the National Committee for Employer Support of the Guard and Reserve. Presentation of $15,000 from the Arts Foundation. G. NOTICE TO THE PUBLIC If you wish to address the Council, please fill out the yellow sign -in card and place it in the box at the podium. 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 TAPE 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. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I — 15) 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 Consent Calendar Item number, and place the sign -in card in the box prouided at the podium. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF JANUARY 28, 2003 AND THE ADJOURNED REGULAR AND REGULAR MEETING OF FEBRUARY 11, 2003. 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 ADOPTION MODIFICATION OF PROVISIONS OF CHAPTER 17.28 OF TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC) RELATING TO VEHICLE USAGE ON PIERS AND PLAZAS. Adopt Ordinance No. 2003 -2 amending Chapter 17.28 of Title 17 of the NBMC. RESOLUTION FOR ADOPTION 4. ASSIGNMENT OF WASTE MANAGEMENT OF ORANGE COUNTY, A DIVISION OF WASTE MANAGEMENT COLLECTION AND RECYCLING, INC., NON - EXCLUSIVE SOLID WASTE FRANCHISE AGREEMENT. 1) Adopt Resolution No. 2003 -_ assigning the City franchise agreement with Waste ;Management of Orange County, a division of Waste Management Collection and Recycling, Inc. to USA Waste of California, Inc., dba Waste Management of Orange County; and 2) approve Agreement to Assign the Waste Management of Orange County, a division of Waste Management Collection and Recycling, Inc. Non- exclusive Solid Waste Franchise Agreement to USA Waste of California, Inc., dba Waste Management of Orange County. CHANGE IN TERM OF THE AFFORDABLE HOUSING TASK FORCE. Adopt Resolution No. 2003 -_ changing the term of the Affordable Housing Task Force. CONTRACTS AND AGREEMENTS 6. BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE II — AWARD OF CONTRACT (C- 3555). 1) Approve the plans and specifications; 2) award the contract (C -3555) to Sully Miller Contracting Co. for the total bid price of $135,565 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $13,565 to cover the cost of unforeseen work. ENCROACHMENT AGREEMENT AND LANDSCAPE MAINTENANCE AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF LANDSCAPE IMPROVEMENTS WITHIN BISON AVENUE AND MACARTHUR BOULEVARD RIGHT -OF -WAY WITH THE IRVINE COMPANY. 1) Approve a Landscape Maintenance Agreement, required by Caltrans, between the City of Newport Beach and The Irvine Company for installation and maintenance of landscape improvements within the MacArthur Boulevard right -of -way; 2) approve an Encroachment Agreement between the City of Newport Beach and The Irvine Company requiring The Irvine Company to maintain all landscape improvements within the MacArthur Boulevard and Bison Avenue right -of -way; 3) authorize the City Manager and the City Clerk to execute the agreements; and 4) authorize and direct the City Clerk to have the Encroachment Agreement recorded with the Orange County Recorder. 8. AMENDMENT TO GIRL SCOUT LEASE AGREEMENT. Authorize the Mayor to enter into the 3r" Amendment to a 1987 Lease Agreement with the Girl Scout Council of Orange County (GSCOC) that will extend the Girl Scouts' tenancy at the Girl Scout House (1700 West Balboa) to December 31, 2003. MISCELLANEOUS ACTION 9. BUDGET AMENDMENT TO APPROPRIATE ADDITIONAL FUNDS FOR STORM DRAIN MAINTENANCE CONTRACT SERVICES. Approve a budget amendment (BA -043) appropriating additional funds in the amount of $27,500 for storm drain maintenance contract services. 10. BUDGET AMENDMENT TO APPROPRIATE FUNDS FROM THE REIBER TRUST TO AN EXPENDITURE ACCOUNT. Approve a budget amendment (BA -046) in the amount of $10,000. 11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH ARTS FOUNDATION AND APPROPRIATE FUNDS FOR A SHAKESEPARE BY THE SEA PRODUCTION AND A CONCERT IN THE PARK PERFORMANCE AND CITY ARTS COMMISSION BROCHURE. Approve a budget amendment (BA -044) in the amount of $15,000. 12. BUDGET AMENDMENT TO APPROPRIATE A GIFT FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND FUNDS IN THE DISTINGUISHED SPEAKERS LECTURE SERIES (DSLS) LIBRARY HOLDING ACCOUNT INTO THE DSLS EXPENDITURE ACCOUNT. Approve a budget amendment (BA -047) in the amount of $65,000. 13. BUDGET AMENDMENT - JULY 4T" SPECIAL APPROPRIATION - FISCAL YEAR 2003 -2004. Approve a budget amendment (BA -001) in the amount of $64,300 for the Police Department budget in fiscal year 2003 -2004 to fund additional police resources for the July 4, 2003 holiday. 14. BUDGET AMENDMENT - CALIFORNIA SEAT BELT COMPLIANCE CAMPAIGN PROGRAM - FISCAL YEAR 2002 -2003. Approve a budget amendment (BA -045) of $5,174 for the Police Department budget in fiscal year SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 2002 -2003 to fund additional seat belt enforcement as a part of the California Seat Belt Compliance Program. 15. CULTURAL ARTS ANNUAL REPORT FY 2001 -2002; PROGRAM PREVIEW FY 2002 -2003 [INFORMATION ONLY]. Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR K. PUBLIC COMMENTS Aiblic 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 and address 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 M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING COMMISSION AGENDA FOR FEBRUARY 20, 2003. 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. PUBLIC HEARINGS 17. COUNCIL REVIEW OF THE APPROVAL OF MODIFICATION PERMIT NO. 2003 -003 — THE ENCROACHMENT OF A 12 -FOOT WIDE ENTRY PORCH WITHIN THE 9 -FOOT FRONT YARD SETBACK — 1530 & 1532 OCEAN BOULEVARD. Action: 1) Conduct public hearing; and 2) Approve Modification Permit No. 2003 -003 subject to the findings and conditions of approval adopted by the Modifications Committee. 18. BAYVIEW SENIOR AFFORDABLE HOUSING CONSISTING OF 150 UNITS ON APPROXIMATELY FIVE ACRES & UPPER BAYVIEW LANDING VIEW PARK. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Ca Action: 1) Conduct public hearing; 2) Adopt the Draft Mitigated Negative Declaration; 3) Approve Use Permit No. 2003 -003, Site Plan Review No. 2003 -001 and Lot Line Adjustment No. 2003 -011, subject to the findings and conditions of approval adopted by the Planning Commission (PA2002 -246); and 4) Approve the conceptual plans for the Upper Bayview Landing view park and authorize staff to submit a Coastal Development Permit application to the California Coastal Commission for the view park project as a joint application with the affordable senior housing project. 19. DEVELOPMENT LOAN AGREEMENT WITH NEWPORT HOUSING PARTNERS, L.P. FOR SENIOR AFFORDABLE HOUSING AT LOWER BAYVIEW LANDING. Action: Authorize the Mayor to execute the agreements in substantially the same form as presented. 20. MARINAPARK RESORT PROJECT — RECOMMENDATIONS OF AD HOC COUNCIL COMMITTEE — PROPOSED CONCEPTUAL APPROVAL OF PROJECT DESCRIPTION AND SECOND PROPOSED AMENDMENT TO SUTHERLAND TALLA HOSPITALITY (STH) AGREEMENT. Action: 1) Direct the City Attorney to prepare amendments to the existing STH Agreement that would (a) confirm that the City will prepare an EIR for the project; (b) establish a process whereby the project would be submitted to the voters in November 2004 after the EIR is certified, and any related reports are reviewed by the City Council; and 2) Approve, solely for the purposes of CEQA compliance, the proposed site plan (110 room hotel/resort and marina) as the "final project description ". P. CURRENT BUSINESS 21. ANNEXATION OF AREA 7 (WEST SANTA ANA HEIGHTS, SANTA ANA COUNTRY CLUB AND SOUTH OF MESA) — LETTER TO ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO), FISCAL IMPACT AND RELATED ANALYSES. Acti on: Select either Alternative #1 or Alternative #2: 1) (A) Direct the City Manager to proceed with City- County discussions associated with the transfer of redevelopment authority for Area 7 and East SAH and report back to the Council on progress with the County prior to making any application to OC LAFCO regarding any annexation of this area; and SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. (B) Authorize the Mayor to send a letter to the OC LAFCO stating the City's interest in filing a Resolution of Application to annex West Santa Ana Heights; the Santa Ana Country Club; and /or the unincorporated areas south of Mesa Drive assuming that the City can also assume redevelopment responsibilities for the area. OR 2) Authorize the Mayor to send a letter to the OC LAFCO stating the City's intent not to pursue any annexations at this time. 22. POTENTIAL REVISIONS TO CITY TREE ORDINANCES AND POLICIES. Action: Provide direction to staff regarding issues to be addressed and the establishment of a committee. 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 may be made only by one of the Council members who voted with the prevailing side. R. ADJOURNMENT— In memory of Bob Goldin 0 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.