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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, April 9, 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 April 9, 2002 STUDY SESSION - 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 - Reverend Lloyd H. Sellers, Hoag Memorial Hospital Presbyterian. F. PRESENTATION General Plan Update Neighborhood Workshops Announcement. Presentation of Proclamation for National Library Week Rediscover America Q Your Library. Youth Council Presentation. 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. I. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1 —13) 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 MARCH 26, 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. ORDINANCE FOR INTRODUCTION 3. PROPOSED AMENDMENTS TO MUNICIPAL CODE ORDINANCE 2.20: EMERGENCY SERVICES ORDINANCE. Introduce Ordinance No. 2002 - and pass to second reading on April 23, 2002. ORDINANCES FOR ADOPTION 4. 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. Adopt Ordinance No. 2002 -6 approving Planned Community Development Text Amendment 2001.002. 5. PACIFIC REPUBLIC CAPITAL OFFICE BUILDING (PA2001 -161) — 1150 GRANVILLE DRIVE — ADOPTION OF RESOLUTION NO. 2002 - FOR SITE PLAN REVIEW NO. 2002 -001 AND MODIFICATION PERMIT NO. 2002- 029 FOR AN 8,000 SQUARE FOOT PROFESSIONAL OFFICE BUILDING APPROVED ON MARCH 26, 2002; AND ADOPTION OF ORDINANCE NO. 2002 -7 APPROVING CODE AMENDMENT 2001 -003. Adopt Resolution No. 2002 - to approve Site Plan Review No. 2002 -001 and Modification Permit No. 2002 -029; and 2) adopt Ordinance No. 2002 -7 approving Code Amendment 2001- 003. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS RESOLUTIONS FOR ADOPTION 6. GENERAL PLAN UPDATE FISCAL & ECONOMIC STUDIES: AUTHORIZATION OF EXAMINATION OF SALES AND USE TAX RECORDS. Approve Resolution No. 2002 -_ authorizing examination by ADE of sales and use tax records for use in preparation of fiscal and economic studies related to the update of the City's General Plan. 7. CITY ATTORNEY EMPLOYMENT AGREEMENT — PROPOSED MODIFICATION TO COMPENSATION. Adopt Resolution No. 2002 -_ adjusting the compensation of the City Attorney. CONTRACTS AND AGREEMENTS 8. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH URBAN CROSSROADS, INC., FOR TRAFFIC MODEL UPDATE SERVICES. 1) Approve the Professional Services Agreement for Traffic Model Update Services with Urban Crossroads, Inc., of Irvine, California, at a contract price of $189,585 for the project; 2) authorize the Mayor and City Clerk to execute the Agreement; and 3) authorize the Public Works Director to proceed with Phases I, II, and III of the Traffic Model Update. 9. COOPERATIVE AGREEMENT BETWEEN THE CITY OF IRVINE AND THE CITY OF NEWPORT BEACH FOR THE INSTALLATION OF MEDIAN LANDSCAPING ON JAMBOREE ROAD BETWEEN CAMPUS DRIVE AND BRISTOL STREET. Approve the Cooperative Agreement between the City of Newport Beach (Newport Beach) and the City of Irvine (Irvine) for the installation of median landscaping on Jamboree Road between Campus Drive and Bristol Street, and authorize the Mayor and the City Clerk to execute the Agreement. 10. PROFESSIONAL SERVICES AGREEMENT FOR JAMBOREE ROAD STREET REHABILITATION FROM BISON AVENUE TO UNIVERSITY DRIVE. Approve a Professional Services Agreement with Dewan, Lundin & Associates for professional engineering services for a contract price of $40,418. 11. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH RIVERTECH, INC., FOR MORNING CANYON DRAINAGE STUDY AND RESTORATION ANALYSIS. Approve a Professional Services Agreement with Rivertech, Inc., of Laguna Hills, California, for preparation of the Morning Canyon Drainage Study at a contract price of $38,270 and authorize the Mayor and City Clerk to execute the Agreement. 12. PROJECT STATUS & APPROVAL OF AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS FOR THE BALBOA VILLAGE IMPROVEMENT PROJECT. 1) Approve Amendment No. 6 to the Professional Services Agreement with Psomas for the Balboa Village Improvement Project in the amount of $91,215 (the amendment supplements the Phase 1 construction services budget and provides a design budget to revise the construction and bid documents for Phase 2; and also provides for a time extension to the agreement); 2) authorize the Mayor and City Clerk to execute Amendment No. 6; and 3) approve a budget amendment (BA -038) approving the transfer of funds in the amount of $12,179 from Account No. 7181- C5100070 to Account No. 7181- C5100543. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. M iA L. M. 10 MISCELLANEOUS ACTIONS 13. BUDGET AMENDMENT TO APPROPRIATE ADDITIONAL AQMD SUBVENTION FUNDS FOR ELECTRIC VEHICLE PROGRAM. Approve a budget amendment (BA -037) in the amount of $58,438 from the AQMD Subvention Fund unappropriated balance to fund lease costs associated with the Electric Vehicle Program. 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 and address for the record. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR APRIL 4, 2002. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. PUBLIC HEARING 15. REVIEW, APPROVAL AND SUBMISSION OF THE FY 2002 -2003 COMMUNITY DEVELOPMENT BLOCK GRANT ONE -YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). Action: 1) Conduct public hearing; and 2) Approve the 2002 -2003 One -Year Action Plan. O. CONTINUED BUSINESS 16. REVIEW OF THE PLANNING COMMISSION DECISION ON THE VAN CLEVE APPEAL (PA 2002 -002) (contd. from 2/26/02). SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS Action: Continue indefinitely. 17. APPEAL OF A STAFF DENIAL FOR STRUCTURAL ENCROACHMENTS WITHIN THE PUBLIC RIGHT -OF -WAY ADJACENT TO 2100 W. OCEAN FRONT (N2002 -0035) (contd. from 3/26/02). 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. 18. HARBOR COMMISSION APPOINTMENTS. Action: Appoint seven (7) members from the fourteen (14) nominees confirmed by the City Council on March 26, 2002. P. CURRENT BUSINESS 19. SOBER LIVING PROGRAM. Action: Adopt Resolution No. 2002 -_ adopting Orange County Adult Alcohol and Drug Sober Living Facilities Certification Guidelines. 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. 0 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA - REGULAR MEETING APRIL 9, 2002 CONSENT CALENDAR S20. RESOLUTION ACCEPTING FUNDS FROM THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, SANTA ANA REGION AND ESTABLISHING THE NEWPORT BAY MAINTENANCE DREDGING AND TOTAL MAXIMUM DAILY LOAD COMPLIANCE ACCOUNT. Adopt Resolution No. 2002 -_ accepting up to $3,800,000 from the Regional Board and establishing the Newport Bay Maintenance Dredging and Total Maximum Daily Load Compliance Account. S21. MARINE STUDIES CENTER (SHELLMAKER ISLAND) — MEMORANDUM OF AGREEMENT AND RECEIPT OF FUNDS. 1) Authorize the City Manager to execute a Memorandum of Agreement (MOA) with the Department of Fish and Game substantially similar to the draft MCA, including a scope of work and estimated budget; and 2) authorize the acceptance of $1,000,000 from the California Department of Fish and Game for the purposes described in the MOA.