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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, September 24, 2002 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR STEVEN BROMBERG GARY ADAMS Mayor Pro Tem GARY L. PROCTOR Council Member NORMA J. GLOVER Council Member 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 COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD September 24, 2002 STUDY SESSION - 5:00 p.m. CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS wwxxxxwwwwxxxxwwwwx 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. George R. Crisp, Christ Church by the Sea United Methodist F. PRESENTATION Presentation of Thermoplaques to Outgoing Board & Commission Members. Presentation by Edison for Energy Savings Project (contd. from 9/10/02). Pretend City Presentation. G. NOTICE TO THE PUBLIC If you wish to address the Council, please fill out the yellow sign -tin 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 (1- 18) 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 receiued detailed staff reports on each of the items recommending an action. There will be no separate discussion of these itents 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 front the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar itent should come forward to the lectern upon inuitation by the Mayor, state their name and Consent Calendar Itent number, and place the sign -in card in the boxprouided at the podium. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF SEPTEMBER 10, 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 ORDINANCE RELATING TO WIRELESS TELECOMMUNICATIONS; ADOPTION OF COUNCIL POLICY L -23 RELATING TO THE SITING OF WIRELESS TELECOMMUNICATIONS FACILITIES ON CITY -OWNED LAND. 1) Introduce Ordinance No 2002 - relating to Wireless Telecommunications and pass to second reading on October 8, 2002; and 2) adopt new Council Policy L -23. ORDINANCES FOR ADOPTION 4. AMENDMENTS TO TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE DEALING WITH HARBOR REGULATIONS, ADMINISTRATION AND CONSTRUCTION IN NEWPORT HARBOR. Adopt Ordinance No. 2002 -18 amending Title 17 of the NBMC. 5. ADOPTION OF THE 2002 NEWPORT BEACH FIRE CODES. Adopt Ordinance No. 2002 -19 to adopt the 2001 California Fire Code (Title 24, Part 9), with amendments, as part of the Newport Beach Municipal Code. 6. ADOPTION OF THE 2002 NEWPORT BEACH BUILDING CODES. 1) Adopt Ordinance No. 2002 -20 to adopt the 2001 California Building Code; and 2) adopt Resolution No. 2002 - to adopt the Resolution of Findings. 7. TEMPORARY REAL ESTATE SIGNS - A REQUEST TO AMEND ZONING CODE CHAPTER 20.67 - SIGNS, TO ALLOW THE ADDITION OF A SINGLE "RIDER" SIGN AND A SINGLE "BROCHURE BOX" PER PROPERTY IN CONJUNCTION WITH AN AUTHORIZED TEMPORARY REAL ESTATE SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. SIGN [CODE AMENDMENT NO. 2002 -004 (PA2002- 128)]. Adopt Ordinance No. 2002 -21 amending Chapter 20.67 related to temporary real estate signs. 8. GENERAL PLAN AMENDMENT NO. 2002 -002, LOCAL COASTAL PLAN AMENDMENT NO. 2002 -001, AND CODE AMENDMENT NO. 2002 -002 (PA2001 -186) - 205 ORANGE STREET - REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM RETAIL & COMMERCIAL TO TWO- FAMILY RESIDENTIAL, CHANGE THE LOCAL COASTAL PLAN DESIGNATION FROM RETAIL & SERVICE COMMERCIAL TO TWO- FAMILY RESIDENTIAL, AND CHANGE THE ZONING DESIGNATION WITHIN THE NEWPORT SHORES SPECIFIC PLAN FROM COMMERCIAL TO RESIDENTIAL, IN ORDER TO REPLACE AN EXISTING SINGLE - FAMILY DWELLING WITH A DUPLEX. Adopt Ordinance No. 2002 -22, which would grant approval to Code Amendment 2002 -002. 9. CODE AMENDMENT NO. 2002 -001 (PA2002 -098) - 3513 FINLEY AVENUE - REQUEST TO CHANGE THE FRONT YARD SETBACK OF 3513 FINLEY AVENUE FACING THE RIVO ALTO CHANNEL ESTABLISHED ON DISTRICT MAP NO. 3 FROM 40 FEET TO 20 FEET. Adopt Ordinance No. 2002- 23. RESOLUTIONS FOR ADOPTION 10. LEASE -TO- PURCHASE HOUSING PROGRAM. 1) Adopt Resolution No. 2002- _ that authorizes participation by the City of Newport Beach in the Lease -to- Purchase Program as a voting member of the Orange County Area Housing and Finance Agency (Agency); and 2) authorize the City Manager to execute a Joint exercise of Powers Agreement for membership in the Agency and to attend Agency meetings and take any and all actions necessary to coordinate the City's voting membership in the Agency and participation in the Lease -to- Purchase Program. 11. PROPOSED ASSESSMENT DISTRICT NO. 86 (AREA BOUNDED BY OCEAN BOULEVARD, OCEANFRONT BOULEVARD, "G" STREET, AND CHANNEL ROAD AND THE PUBLIC BEACH) FOR UNDERGROUNDING UTILITIES. 1) Adopt the following resolutions: a) Resolution No. 2002 - making findings on a petition for, adopting a map showing the proposed boundaries of, and making appointments for Assessment District No. 86; b) Resolution No. 2002 -_ declaring intention to order the construction of certain improvements in proposed Assessment District No. 86, declaring the improvements to be of special benefit, describing the District to be assessed to pay the costs and expenses thereof, and providing for the issuance of bonds; and c) Resolution No. 2002 - giving preliminary approval to the report of the Assessment Engineer, setting the time and place for a public hearing as November 12, 2002, and ordering the intention of assessment ballot procedure for Assessment District No. 86; and 2) approve the Special Counsel Agreement with Robert Hessell. CONTRACTS AND AGREEMENTS 12. APPROVE ACULERT EMERGENCY INFORMATION DEMONSTRATION PROJECT AND AGREEMENT. Approve the Fire Department's partnership with Aculert that provides both medical information and a family notification program for use by fire agencies. 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 13. BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT (C -3397) - 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; 4) release the Faithful Performance Bond one (1) year after Council acceptance; and 5) approve a budget amendment (BA -012) appropriating an additional $3943.55 from the balance of the Measure M Turnback Fund balance to Account No. 7281 - 05100645. 14. BEACON BAY SEWER MAIN REPLACEMENT (C -3277) - 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 one (1) year after Council acceptance. 15. HAZEL AVENUE PAVEMENT REHABILITATION (C -3448) - 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; 4) release the Faithful Performance Bond one (1) year after Council acceptance; and 5) approve a budget amendment (BA -013) appropriating $15,739.99 from the Measure M Turnback Fund balance to Account No. 7281- C5100639 for this project. 16. BALBOA VILLAGE IMPROVEMENTS - PHASE II - TEMPORARY EMPLOYMENT AGREEMENT WITH EMMET BERKERY - AMENDMENT NO. 1. 1) Approve Amendment No. 1 to the Agreement for Temporary Employment of Emmet Berkery in the amount of $33,600 and authorize the City Manager to execute the Amendment; and 2) approve a budget amendment (BA -014) transferring $33,600 from the unappropriated balance of the General Fund to Account No. 5100- 7020 (Part -time Salaries). 17. BALBOA VILLAGE IMPROVEMENTS PHASE 2 - AWARD OF CONTRACT (C- 3527). 1) Approve the plans and specifications for Phase 2 construction; 2) award the contract (C -3527) to Hillcrest Contracting for the total bid price of $2,840,899.97 and authorize the Mayor and the City Clerk to execute the contract; 3) approve a budget amendment (BA -015) appropriating $392,500 from CDBG 108 Loan Proceeds to Balboa Village Phase 2, Account No. 7161- C5100543; 4) approve a budget amendment (BA -015) appropriating $68,000 from the Circulation and Transportation Fund Balance to Account No. 7261- C5200703 - Balboa Village Phase 2; and 5) approve a budget amendment (BA -015) appropriating $25,150 from the Gas Tax Fund Balance to Account No. 7181- C5100543 - Balboa Village Phase 2. MISCELLANEOUS ACTIONS 18. NOMINATION FROM ECONOMIC DEVELOPMENT COMMITTEE (EDC) TO FILL EDC VACANCIES. Appoint Gay Wassall -Kelly as Balboa Village representative and Kevin Weeda as Lido District representative to fill vacancies on the Economic Development Committee. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR K. 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. 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 M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 19. PLANNING COMMISSION AGENDA FOR SEPTEMBER 19, 2002. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. N. PUBLIC HEARINGS 20. EZ LUBE (PA2002 -034) - 3600 EAST COAST HIGHWAY - APPEAL OF THE PLANNING COMMISSION DECISION TO DENY A REQUEST TO CONSTRUCT AN AUTOMOBILE LUBRICATION FACILITY CONSISTING OF A 2,641 SQUARE FOOT BUILDING WITH TWO SERVICE BAYS LOCATED IN CORONA DEL MAR. THE APPLICATION INCLUDES A REQUEST TO WAIVE THREE OF THE TEN SPACE OFF - STREET PARKING REQUIREMENT (contd. from 6/25/02 & 8/27/02). Action: 1) Conduct public hearing; 2) Uphold the appeal, deny the appeal or continue the item per the applicant's request. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. A 21. FY 2001 -2002 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER). Action: 1) Conduct public hearing; and 2) Approve the FY 2001 -2002 CAPER and direct staff to submit the document to all appropriate parties. 22. COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN PARTICIPATION PLAN (CPP). Action: 1) Conduct public hearing; and 2) Approve the Citizen Participation Plan. 23. CODE AMENDMENT NO. 2002 -005 (PA2002 -161) BALBOA VILLAGE DESIGN GUIDELINES. Action: 1) Conduct public hearing; 2) Adopt Resolution No. 2002 - approving the Balboa Village Design Guidelines; and 3) Introduce Ordinance No. 2002 - (CA 2002 -005) and pass to second reading on October 8, 2002. CURRENT BUSINESS 24. AIRPORT GRANTS FINANCIAL REVIEW (ITEM WILL BE TAKEN OUT OF ORDER AND DISCUSSED AT APPROXIMATELY 8.00 P.M.) Action: Receive, discuss and file the Airport Grants Financial Review Report for the Airport Working Group (AWG) and Citizens for Jobs and the Economy (CJE) dated September 16, 2002. Provide staff with any further direction regarding this matter. 25. REPORT TO THE CITY COUNCIL REGARDING LAFCO ACTIONS ON CITY'S ANNEXATION APPLICATION OF EAST SANTA ANA HEIGHTS, BAY KNOLLS AND THE EMERSON TRACT AND ON LAFCO ACTIONS REGARDING WEST SANTA ANA HEIGHTS. Action: Direct the City Manager to undertake an analysis of service requirements for West Santa Ana Heights and a revenue /cost analysis of such an annexation. 26. APPOINTMENT OF PLANNING COMMISSION REPRESENTATIVES TO GENERAL PLAN UPDATE COMMITTEE AND LOCAL COASTAL PROGRAM COMMITTEE. Action: Confirm the Mayor's appointment of Plan Update Committee and Committee. to the General to the LCP SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. P. 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 noted with the prevailing side. Q. ADJOURNMENT wwwwwwwwwwwwwwwwwww SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA - REGULAR MEETING SEPTEMBER 24, 2002 PUBLIC DISCUSSION S27. PUBLIC DISCUSSION OF MAIN STREET FICUS TREE REMOVAL. Oral presentation by the City Manager. To be discussed prior to Consent Calendar.