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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, April 22, 2003 Regular Council Meeting - 7:00 p.m. STEVEN BROMBERG MAYOR TOD W. RIDGEWAY GARY ADAMS Mayor Pro Tern GARY L. PROCTOR Council Member DON WEBB Council Member 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 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 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 72 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 April 22, 2003 — 4:00 p.m. CLOSED SESSION — [Refer to separate agenda from City Attorney] RECESS xxxx,ti:xxxxxxxxxxxxx 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 — Rabbi Richard Steinberg, Shir Ha- Ma'alot Temple F. PRESENTATIONS Arbor Day Proclamation Proclamation recognizing the life- saving efforts of General Services employee Chris Auger Tree City USA Presentation by John Melvin, Regional Field Specialist, CDF 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 I MINUTE FOR SUMMATION. I. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1— 5) 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 provided at the podium. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF APRIL 8, 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 INTRODUCTION 3. ORDINANCE ESTABLISHING SAFETY ENHANCEMENT ZONES, DESIGNATING A PORTION OF AN AREA IN WEST NEWPORT BEACH AS A SAFETY ENHANCEMENT ZONE DURING JULY FOURTH AND AMENDING CERTAIN SECTIONS IN CHAPTERS 1.04, 1.05, 5.11, 5.95 AND 10.58 OF THE NEWPORT BEACH MUNICIPAL CODE TO INCREASE FINES AND PENALTIES FOR MUNICIPAL CODE VIOLATIONS, PROHIBIT THE DELIVERY OF ALCOHOL TO ALCOHOL BEVERAGE OUTLETS, INCREASE THE RESPONSIBILITIES OF THE OWNERS OF SHORT TERM LODGINGS AND REQUIRE IMMEDIATE TERMINATION OF CERTAIN ACTIVITIES UPON REQUEST OF A PEACE OFFICER IN AN AREA DESIGNATED AS A SAFETY ENHANCEMENT ZONE AND DURING THE TIME THE DESIGNATION IS EFFECTIVE. Action: Introduce Ordinance No. 2003 -_ and pass to second reading on May 13, 2003. CONTRACTS AND AGREEMENTS 4. - JAMBOREE ROAD STREET REHABILITATION— AWARD OF CONTRACT (C- 3525). 1) Approve the plans and specifications; 2) affirm Categorical Exemption for the work; 3) award the contract (C -3525) to All American Asphalt for the total bid price of $664,013, and authorize the Mayor and the City Clerk to execute the contract; and 4) establish an amount of $66,000 to cover the cost of unforeseen work. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. J K. L. IM N. 5. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TERATEST LABS, INC. FOR PIPELINE INSPECTION SERVICES. Approve Amendment No. 1 to Teratest Labs, Inc., for additional inspection and material testing services for the 24 -inch Jamboree Road Water Transmission Main Replacement Project and authorize the Mayor and City Clerk to execute the Amendment for a not -to- exceed fee of $14,675. ACTION:. MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR 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. 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 PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 6. PLANNING COMMISSION AGENDA FOR APRIL 17, 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. PUBLIC HEARINGS CODE AMENDMENT NO. 2003 -001 - APPROVAL AUTHORITY FOR GRANNY UNITS (PA 2003 -054). Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2003 -_ approving Code Amendment No. 2003 -001, and pass to second reading on May 13, 2003. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS Ce] S. THAI DEL MAR RESTAURANT (PA2003 -002) - 2754 EAST COAST HIGHWAY. Action: 1) Conduct public hearing; and 2) Uphold the Planning Commission decision to approve the requested amendment to Use Permit No. 3153 (PA2003 -002) based on the findings and conditions of approval within the 'Planning Commission Resolution. 9. ENSIGN RESIDENCE, 3415 OCEAN BLVD - VARIANCE NO. 2003 -001 AND MODIFICATION PERMIT NO. 2003 -004. Action: 1) Conduct public hearing; and 2) Uphold the decision of the Planning Commission to approve Variance No. 2003 -001 and Modification Permit No. 2003 -004 (PA2003 -006) based on the findings and conditions of approval contained within the Planning Commission Resolution. 10. CURCI PROPERTY, 129 AGATE AVENUE - GENERAL PLAN AMENDMENT NO. 2002 -003, LOCAL COASTAL PROGRAM AMENDMENT NO. 2003 -001, CODE AMENDMENT NO. 2002 -009, NEWPORT PARCEL NO. 2002 -031 (PA2002 -244). Action: 1) Conduct public hearing; and 2) Approve the applications by adopting Resolution No. 2003 and introducing Ordinance No. 2003 -_, and pass to second reading on May 13, 2003. CONTINUED BUSINESS 11. APPOINTMENTS BY THE CITY COUNCIL TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE AND THE AVIATION COMMITTEE (contd. from 3/11/03 and 3/25/03). Action: Confirm the appointments to the Environmental Quality Affairs Citizens Advisory Committee and the Aviation Committee, as announced by each Council Member. Environmental Qualitv Affairs Citizens Affairs Committee (District 3) Council Member Webb's appointment of (regular member) (due to resignation of Gale Demmer). (District 4) Council Member Adams' appointment of (regular member). (District 5) Mayor Bromberg's appointment of (regular member). 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS L0 Aviation Committee (District 1) Mayor Pro Tem Ridgeway's appointment of (District 4) Council Member Adams' appointment of (District 6) Council Member Nichols' appointment of (alternate). (alternate). (alternate). 12. APPOINTMENT BY MAYOR OF AD HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO OCCUR ON JUNE 30, 2003. Action: Confirm the Mayor's appointment of ------------- - - - - -- ------------ - - - - -- and - ------------ - - - - -- to serve on the ad -hoc appointments committee to review applications and make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 2003. 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 Mary Burton and Frank Robinson xxxxxxxxxxxxxxxxxxx SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS