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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, December 9, 2003 Regular Council Meeting - 7:00 p.m. STEVEN BROMBERG MAYOR TOD W. RIDGEWAY GARY ADAMS Mayor Pro Tern Council Member STEVEN ROSANSKY Council Member DON WEBB 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 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 December 9, 2003 STUDY SESSION - 4:30 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. PRESENTATIONS Grand Jury Announcement Corona Del Mar Centennial Proclamation Proclamation for Marge Pantzar Presentation to Gary Proctor thanking him for his service to the community Marine Corp. Proclamation G. REORGANIZATION 1. ELECTION OF MAYOR. The City Clerk presides for the election of the Mayor. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: 1) Conduct oral nominations for Mayor and conduct election by roll call vote. 2) New Mayor announced by the City Clerk. 3) Mayor takes proper place at Council table. 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. 2. ELECTION OF MAYOR PRO TEM. The Mayor presides for the election of the Mayor Pro Tem. The Mayor, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: 1) Conduct oral nominations for Mayor Pro Tem and conduct election by roll call vote. 2) New Mayor Pro Tem announced by the City Clerk. 3) Mayor Pro Tem takes proper place at Council dais. 3. SEATING ARRANGEMENTS FOR CITY COUNCIL. Action: Council decides on seating arrangement of Council dais. (Senior Council Members having first preference). 4. REMARKS. Action: 1) Presentation of gavel plaque to outgoing Mayor. 2) Outgoing Mayor's remarks. 3) New Mayor's remarks. H. 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 are not required to submit a card as a condition to addressing the Council. Ifyou do fill out the card please place it in the box at the podium. As a courtesy, please turn cell phones and pagers offor set them in the silent mode. I. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. J. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (5 — 27) 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 boxprovided at the podium. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 5. MINUTES OF THE REGULAR MEETING OF NOVEMBER 25, 2003. Waive reading of subject minutes, approve as written and order filed. 6. 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. ORDINANCES FOR INTRODUCTION AMENDMENTS TO THE NEWPORT BEACH MUNICIPAL CODE REQUIRING USE OF FRANCHISED SOLID WASTE HAULERS FOR DEMOLITION ACTIVITIES. 1) Introduce Ordinance No. 2003 -_ amending Section 15.02.035 pertaining to the Uniform Administrative Code; and 2) pass to second reading on January 13, 2004. 8. ORDINANCE EXTENDING NON - EXCLUSIVE CABLE TV FRANCHISES WITH ADELPHIA AND COX COMMUNICATIONS. 1) Introduce Ordinance No. 2003 -_ extending the current franchise agreements with Cox and Adelphia until January 27, 2005; and 2) pass to second reading on January 13, 2004. 9. PARK PATROL AUTHORITY TO WRITE ADMINISTRATIVE CITATIONS. 1) Introduce Ordinance No. 2003 -_ amending Section 1.12.020 of Chapter 1.12 of the Newport Beach Municipal Code to authorize Park Patrol Officers to issue citations; and 2) pass to second reading on January 13, 2004. ORDINANCE FOR ADOPTION 10. 3450 VIA OPORTO (PA2003 -213) — GENERAL PLAN AMENDMENT NO. 2003- 010, LOCAL COASTAL PROGRAM AMENDMENT NO. 2003 -004, AND CODE AMENDMENT NO. 2003 -008 — REQUEST TO AMEND THE GENERAL PLAN AND LOCAL COASTAL PROGRAM LAND USE DESIGNATIONS FROM GOVERNMENTAL, EDUCATIONAL AND INSTITUTIONAL FACILITIES TO RETAIL & SERVICE COMMERCIAL AND TO CHANGE THE ZONING DISTRICT CLASSIFICATION FROM GEIF TO RSC. Adopt Ordinance No. 2003 -18. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. RESOLUTIONS FOR ADOPTION 11. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2004 UNDER THE CITY S CONFLICT OF INTEREST CODE. Adopt Resolution No. 2003 - adopting the 2004 Designated Employees List. 12. RESOLUTION SUPPORTING THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION'S CONVERSION PLAN FOR EL MORRO. Adopt Resolution No. 2003 - supporting the California Department of Parks and Recreation's preferred plan for the conversion of the E1 Morro area within Crystal Cove State Park. 13. CALIFORNIA HIGHWAY PATROL DUI ENFORCEMENT GRANT. Adopt Resolution No. 2003 -_ for the Newport Beach Police Department to participate in a California Highway Patrol DUI Enforcement Grant on December 19, 2003. 14. PROPOSED ASSESSMENT DISTRICT NO. 75 — BALBOA BUSINESS DISTRICT (AREA BOUNDED BY OCEANFRONT BOULEVARD, ADAMS STREET, EDGEWATER PLACE, AND IN STREET) FOR UNDERGROUNDING UTILITIES. 1) Adopt the following Resolutions for Proposed Assessment District No. 75: a) Resolution No. 2003 -_ making findings on a petition for, adopting a map showing the proposed boundaries o£, and making appointments for Assessment District No. 75; b) Resolution No. 2003 - declaring intention to order the construction of certain improvements in proposed Assessment District No. 75; declaring the improvements to be of special benefit; describing the district to be assessed to pay the costs and expenses thereof; providing for the issuance of bonds; and designating the area an underground utilities district; and C) Resolution No. 2003 -_ giving preliminary approval to the Report of the assessment engineer, setting the time and place for a public hearing as January 27, 2004; and ordering the intention of assessment ballot procedure for Assessment District No. 75; and 2) approve the Special Counsel Agreement with Robert Hessell. 15. PROPOSED ASSESSMENT DISTRICT NO. 81 — (RIVER AVENUE FROM CHANNEL PLACE TO 38TH STREET AND CHANNEL PLACE FROM BALBOA BOULEVARD TO 43RD STREET) FOR UNDERGROUNDING UTILITIES. 1) Adopt the following Resolutions for Proposed Assessment District No. 81: a) Resolution No. 2003 - making findings on a petition for, adopting a map showing the proposed boundaries of, and making appointments for Assessment District No. 81; b) Resolution No. 2003_ declaring intention to order the construction of certain improvements in proposed Assessment District No. 81, declaring the improvements to be of special benefit, describing the district to be assessed to pay the costs and expenses thereof, providing for the issuance of bonds, and to designate the area an Underground Utilities District; c) Resolution No. 2003_ giving preliminary approval to the report of the Assessment Engineer, setting the time and place for a public hearing as February 24, 2004 and ordering the intention of assessment ballot procedure for Assessment District No. 81; and 2) approve the Special Counsel Agreement with Robert Hessell. CONTRACTS AND AGREEMENTS 16. BAYSIDE DRIVE RESURFACING - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3556). 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 1 year after Council acceptance. 17. JAMBOREE ROAD, BISON TO UNIVERSITY STREET REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3525). 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 1 year after Council acceptance. 18. CASTAWAYS PARK REVEGETATION - AWARD OF CONTRACT (C- 3546). 1) Approve the plans and specifications; 2) increase revenue estimates in Account No. 250 -4879 by $50,000 from the Nature Conservancy Grant, and approve a budget amendment (BA -018) in the amount of $103,085 ($53,085 from the Unappropriated General Fund, Account No. 010 -3605 and $50,000 from the Nature Conservancy Grant) to the Parks Funds, Castaways Park, Account No. 7251- C5100677; 3) award contract (C -3546) to Pacific Restoration Group Inc. for the total bid price of $268,857, and authorize the Mayor and the City Clerk to execute the contract; and 4) establish an amount of $26,000 to cover the cost of unforeseen work. 19. NEWPORT HEIGHTS ALLEY REPLACEMENT - COMPLETION AND ACCEPTANCE (C- 3565). 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 1 year after Council acceptance. 20. BUCK GULLY, LINDA ISLE, AND CARNATION PUMP STATION REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3368). 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 1 year after Council acceptance. 21. GEOTECHNICAL, SURVEYING AND MAPPING, ARCHEOLOGICAL, AND INSPECTION ON -CALL SERVICES - APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS. 1) Approve Professional Services Agreements with Harrington Geotechnical and Leighton and Associates for on -call geotechnical services and authorize the Mayor and City Clerk to execute the Agreements; 2) approve Professional Services Agreements with Coast Surveying, Duca- McCoy, and Advanced Survey Services for on -call professional surveying and mapping services and authorize the Mayor and City Clerk to execute the Agreements; 3) approve a Professional Services Agreement with LSA and Associates for on -call archeological services and authorize the Mayor and City Clerk to execute the agreement; and 4) approve Professional Services Agreements with Project Partners and Hubell Technical Services for on -call supplemental public works inspection services and authorize the Mayor and City Clerk to execute the Agreements. 22. CORONA DEL MAR STATE BEACH IMPROVEMENTS - AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH ROBBINS JORGENSEN CHRISTOPHER ARCHITECTS. Approve Amendment No. 2 to SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Professional Services Agreement with Robbins Jorgensen Christopher Architects, and authorize the Mayor and City Clerk to execute the Amendment. 23. EXTENSION OF A JOINT POWERS AGREEMENT FOR MOORING ADMINISTRATION. Authorize the Mayor to approve an amendment to the Joint Powers Agreement (D89 -035) between the City and the County of Orange authorizing the County to administer moorings in Newport Harbor. 24. SLOPE, PARKWAY, AND MEDIAN MAINTENANCE IN THE NEWPORT COAST. 1) Authorize the City Manager to enter into a Property Maintenance Agreement or agreements substantially similar to the attached document with eligible Newport Coast community associations to maintain certain slopes, parkways, and medians along public streets; 2) authorize the General Services Director to enter into or amend an existing contract with Park West Landscaping or any other qualified firm to maintain certain slopes, parkways, and medians in the Newport Coast; and 3) approve a budget amendment (BA -021) appropriating a total of $225,421 according to the following schedule: a) $151,612 to the General Services Department's Professional and Technical Services Account (3170 -8080) for contract landscaping services from Unappropriated General Fund Reserves; b) $43,500 to the General Services Department's Utilities Account (3170.8118) for reclaimed water purchases from the Water Enterprise Fund; and c) $30,310 to the City Manager's Account (0310 - 80804) for landscape maintenance and reclaimed water purchase reimbursements (for the Newport Ridge HOA) from Unappropriated General Fund Reserves ($23,552.00) and from the Water Enterprise Fund ($6,758). MISCELLANEOUS ACTIONS 25. ACCEPT A CHECK FROM THE HELEN L. RUSSELL LIVING TRUST IN THE AMOUNT OF $21,645.94 MADE PAYABLE TO THE NEWPORT BEACH PUBLIC LIBRARY FOR THE PURPOSE OF LIBRARY IMPROVEMENTS. Approve a budget amendment (BA -017) in the amount of $21,645.94. 26. BUDGET AMENDMENT TO APPROPRIATE FUNDS BEING HELD IN THE LIBRARY FOUNDATION SPECIAL PURPOSE DEPOSIT ACCOUNT TO EXPENDITURES ACCOUNTS. Approve a budget amendment (BA -019) in the amount of $55,000. 27. APPROPRIATION OF $57,380 FROM THE ENVIRONMENTAL LIABILITY FUND TO ACCOUNT 3155 -8080 TO PAY VARIOUS LEGAL AND CONSULTING FEES RELATED TO NEWPORT TERRACE LANDFILL GAS REMEDIATION. Approve a budget amendment (BA -020) to appropriate $57,380 from the Environmental Liability Fund to the Newport Terrace landfill gas disbursement account. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. K. ITEMS REMOVED FROM THE CONSENT CALENDAR 0 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. L. 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. M. 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 Status report — Other Committee Activities N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 28. PLANNING COMMISSION AGENDA FOR DECEMBER 4, 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. O. PUBLIC HEARINGS 29. APPEAL OF THE PLANNING COMMISSION DENIAL OF MODIFICATION PERMIT NO. 2003 -097 TO ALLOW A FIFTH WALL SIGN — 4000 MACARTHUR BOULEVARD (PA2003 -232) (CONEXANT SYSTEMS, INC. — APPLI CANT). Action: 1) Conduct public hearing; and 2) Uphold the decision of the Planning Commission and deny the appeal; OR Reverse the decision of the Planning Commission and approve the request by adopting the findings contained in the Modifications Committee approval letter. 30. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING THE LEVYING OF ASSESSMENTS FOR FISCAL YEAR 2004. Action: 1) Conduct public hearing regarding the renewal of the Marine Avenue Business Improvement District; and 2) a. If protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2003 confirming the Marine Avenue Business Improvement District Annual Report and levying the BID assessment for the 2004 calendar year; OR SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 7 b. If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the District. 31. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR 2004. Action: 1) Conduct public hearing regarding the renewal of the Restaurant Association Business Improvement District; and 2) a. If protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2003 -_ confirming the Restaurant Association Business Improvement District Annual Report and levying the BID assessment for the 2004 fiscal year; OR b. If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the District. 32. LANDMARK BUILDINGS, CODE AMENDMENT NO. 2003 -009; AND BALBOA THEATER, 707 EAST BALBOA BOULEVARD, GENERAL PLAN AMENDMENT NO. 2003 -006 AND LOCAL COASTAL PROGRAM AMENDMENT NO. 2003 -005 (PA2003 -212). Action: 1) Introduce Ordinance No. of the NBMC and pass 13, 2004; and 2) Adopt Resolution No. 2003 - and Local Coastal Program. CONTINUED BUSINESS 33. UNSCHEDULED VACANCY ON THE RECREATION COMMISSION. 2003 -, amending Title 20 to second reading on January - amending the General Plan PARKS, BEACHES & Action: Appoint one of the two nominees (Tim Brown or Michael Wade) to fill the vacancy on the Parks, Beaches & Recreation Commission with a term ending 6/30/07. 34. ADOPTION OF A RESOLUTION ESTABLISHING THE SPHERE ISSUES COMMITTEE AND MAYOR'S APPOINTMENT OF COMMITTEE MEMBERS. Action: Adopt Resolution No. 2003 and appoint three (3) Council Members to the Sphere Issues Committee. Q. CURRENT BUSINESS 35. REFILLING VACANCIES ON THE GENERAL PLAN ADVISORY COMMITTEE (GPAC). Action: Appoint nominees as recommended by the General Plan Update Committee (GPUC). 8 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS R. 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. S. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.