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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, March 26, 2002 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR STEVEN BROMBERG GARY ADAMS Mayor Pro Tem Council Member GARY L. PROCTOR Council Member NORMA J. GLOVER Council Member DENNIS D. O'NEIL 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, 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 March 26, 2002 STUDY SESSION - 5:00 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 - Reverend Dr. Dennis Short, Harbor Christian Church of Newport Beach F. PRESENTATION General Plan Update Neighborhood Workshops Announcement. Crash Boat Video Presentation by Kathy Leek. 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— 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 as 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 MARCH 12, 2002. 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. RESOLUTIONS FOR ADOPTION 3. STREET SWEEPING ON DANA ROAD BETWEEN SUPERIOR AVENUE AND FLAGSHIP ROAD. 1) Adopt Resolution No. 2002 -_ establishing NO PARKING restrictions for street sweeping from 8:30 a.m. to 12:30 p.m. on Tuesdays and Fridays on Dana Road between Superior Avenue and Flagship Road; and 2) rescind Resolution No. 99 -20. 4. CITY MANAGER EMPLOYMENT AGREEMENT — PROPOSED MODIFICATION TO COMPENSATION. Adopt Resolution No. 2002 -_ adjusting the compensation of the City Manager. CONTRACTS AND AGREEMENTS 5. BAYSIDE DRIVE — MARINE AVENUE PRESSURE RELEASE VALVE (PRV) RELOCATION (C -3418) — COMPLETION AND ACCEPTANCE. 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. 6. SAN MIGUEL DRIVE PAVEMENT REHABIILITATION (C -3374) — COMPLETION AND ACCEPTANCE. 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. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. SOLID WASTE AUDITS. Authorize staff to execute the professional services agreement with Hilton Farnkopf & Hobson, LLC to conduct audits of solid waste franchise holders. MISCELLANEOUS ACTIONS 8. REQUEST FOR BUDGET AMENDMENT. Approve a budget amendment (BA -035) to transfer funds in the amount of $6,805 from Sailing Reserve account 010 -3741 to account 4330 -8080; and to transfer $2,300 from the Surfing Reserve account 010 -3740 to account 4330 -8080. 9. PROFESSIONAL SERVICES BUDGETING IN THE PLANNING DEPARTMENT. Receive and file report and direct staff to return, if necessary, by the end of the current fiscal year, with any budget amendment that requires City Council approval. 10. NOTIFICATION OF EMERGENCY PURCHASE OF BREATHING AIR COMPRESSOR. Receive and file. 11. APPOINTMENT TO GENERAL PLAN ADVISORY COMMITTEE. Appoint Ernie Hatchell to at -large vacancy. 12. HARBOR COMMISSION - CONFIRMATION OF NOMINEES AND SCHEDULING OF APPOINTMENTS. Confirm the nominations made by the Ad Hoc Appointments Committee and schedule the appointments to be made on April 9, 2002. 13. AD HOC CITY COUNCIL COMMITTEE - JWA SETTLEMENT AGREEMENT EXTENSION. Approve an extension of the term of the John Wayne Airport Settlement Agreement Extension Committee until September 30, 2002. 14. COMMENTS ON NOTICE OF PREPARATION OF ENVIRONMENTAL IMPACT REPORT ON IRWD'S PROPOSED SAN DIEGO CREEK WATERSHED NATURAL TREATMENT SYSTEM PROGRAM. Direct the City Manager to transmit a comment letter to IRWD. 15. PURCHASE OF TRAFFIC MANAGEMENT SYSTEM. Authorize a budget amendment (BA -036) in the amount of $22,000 from the unappropriated reserve balance of the Circulation and Transportation Fund to a new CIP Account No. 7261- C5200667 entitled "Traffic Management System" and authorize the purchase of a replacement Traffic Management System. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. K. L. M. N. 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- ininutes. Before speaking, please state your name and address for the record. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING COMMISSION AGENDA FOR MARCH 21, 2002. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. PUBLIC HEARINGS 17. REVIEW OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SOCIAL SERVICE AND FAIR HOUSING GRANTEE APPLICATIONS FOR FY 2002 -2003 ACTION PLAN. Action: 1) Conduct public hearing; and 2) Approve recommendations for funding of social service sub - recipients. 18. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL PUBLIC HEARING AND LEVYING OF ASSESSMENTS FOR 2002 -2003 FISCAL YEAR. Action: 1) Hold public hearing regarding the renewal of the Balboa Village Business Improvement District; and 2) a. If protests represent less than 50 percent of the total assessment amount adopt Resolution No. 2002 - confirming the levying of assessments; OR b. If protests represent 50 percent or more of the total assessment abandon the proceedings to renew the District. 19. CAMCO PACIFIC CONSTRUCTION COMPANY (PA2001 -157) - 1811 QUAIL STREET - RE- ADOPTION OF A PLANNED COMMUNITY DEVELOPMENT TEXT AMENDMENT TO NEWPORT PLACE PLANNED COMMUNITY BLOCK G & H, PERMITTING A 1,590 NET SQUARE FOOT ADDITION TO AN EXISTING OFFICE BUILDING LOCATED AT 1811 QUAIL STREET. Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2002 -_ to re -adopt Planned Community Development Text Amendment 2001 -002 for property located at 1811 Quaff Street; and pass to second reading on April 9, 2002. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. a 20. PACIFIC REPUBLIC CAPITAL OFFICE BUILDING (PA2001 -161) - 1150 GRANVILLE DRIVE - DEVELOPMENT OF AN 8,000 SQUARE FOOT PROFESSIONAL OFFICE BUILDING WITH BELOW GRADE PARKING. THE APPLICATION INCLUDES A GENERAL PLAN AMENDMENT AND A ZONING CODE AMENDMENT TO INCREASE THE EXISTING DEVELOPMENT ALLOCATION FROM 5,000 SQUARE FEET TO 8,000 SQUARE FEET. THE CODE AMENDMENT INCLUDES A REQUEST TO REDUCE THE REAR YARD SETBACK OF 35 FEET ALONG NEWPORT CENTER DRIVE TO 25 FEET. THE PROJECT INVOLVES THE ESTABLISHMENT OF A SITE PLAN REVIEW (SPR) OVERLAY DISTRICT FOR THE PROJECT SITE TO ALLOW PLANNING COMMISSION REVIEW OF THE PROJECT. A MODIFICATION PERMIT IS REQUESTED FOR 3 DIFFERENT ENCROACHMENTS INTO THE PROPOSED 25 -FOOT REAR YARD SETBACK ALONG NEWPORT CENTER DRIVE AND AN ADDITIONAL MONUMENT SIGN. Action: 1) Conduct public hearing; 2) Adopt Resolution No. 2002 -_ to approve General Plan Amendment No. 2001 -003 and approve Site Plan Review No. 2002 -001, and Modification Permit No. 2002 -029 (PA2001- 161) for the property identified as 1150 Granville Drive; and 3) Introduce Ordinance No. 2002 approving Code Amendment 2001 -002; and pass to second reading on April 9, 2002. 21. APPEAL OF A STAFF DENIAL FOR STRUCTURAL ENCROACHMENTS WITHIN THE PUBLIC RIGHT -OF -WAY ADJACENT TO 2100 W. OCEAN FRONT (N2002- 0035). Action: 1) Uphold the denial on the basis that the proposed encroachments significantly exceed what is allowed under the provisions of City Council Policy L -21; OR 2) Approve the application with conditions subject to the following: A. Execution of an Encroachment Agreement for non- standard improvements with findings and conditions. i. Authorize the Mayor and the City Clerk to execute the Agreement. ii. Authorize and direct the City Clerk to have the Agreement recorded with the Orange County Recorder. B. An Encroachment Permit issued by the Public Works Department. C. Revise the applicant's current Annual Outside Dining Encroachment Permit (DEP97 -03) to include the metal structure enclosure. 22. APPROVAL OF AGREEMENT WITH THE ORANGE COUNTY TRANSIT AUTHORITY; ACCEPTANCE OF GRANT FUNDS FOR THE PROGRAM; AND AUTHORIZE INCREASED STAFFING. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Action: 1) Approve the agreement with Orange County Transit Authority (OCTA) for the Senior Mobility Program, effective May 2002 for a period of five years; 2) Accept from OCTA the amount of $10,777, the proportional amount for 2 months of the FY 2001102 allocation of $64,663; and 3) Effective May 2002, authorize increasing the current part - time Senior Recreation Coordinator position to a full -time position. P. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the City Council at either this ineeting or the previous meeting may be made only by one of the Council members who voted with the prevailing side. Q. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.