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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, January 13, 2004 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR GARY ADAMS STEVE BROMBERG 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 January 13, 2004 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 - Council Member Don Webb F. PRESENTATIONS Junior Chamber of Commerce Proclamation. Demonstration of electronic voting system and video, "How to Vote Using the eSlate ". G. NOTICE TO THE PUBLIC The City provides a mellow 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. If you do fill out the card please place it in the box at the podium. As a courses },, please turn cell phones and pagers off or set them in the silent mode. 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 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— 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 Mein.bers 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 box provided at th.e podium. READING OF MINUTESIORDINANCES AND RESOLUTIONS MINUTES OF THE ADJOURNED REGULAR OR REGULAR MEETING OF DECEMBER 9, 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. AMENDMENTS TO THE NEWPORT BEACH MUNICIPAL CODE REQUIRING USE OF FRANCHISED SOLID WASTE HAULERS FOR DEMOLITION ACTIVITIES. Continue to February 10, 2004. ORDINANCES FOR ADOPTION 4. ORDINANCE EXTENDING NON - EXCLUSIVE CABLE TV FRANCHISES WITH ADELPHIA AND COX COMMUNICATIONS. Adopt Ordinance No. '2003- 19 extending the current franchise agreements with Cox and Adelphia until July 27, 2004. 5. PARK PATROL AUTHORITY TO WRITE ADMINISTRATIVE CITATIONS. Adopt Ordinance No. 2003.20 amending Section 1.12.020 of Chapter 1.12 of the Newport Beach Municipal Code to authorize Park Patrol Officers to issue citations. 6. 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). Adopt Ordinance No. 2003 -21 amending Title 20 of the NBMC. RESOLUTIONS FOR ADOPTION 7. ACCEPTANCE OF THE CITY OF NEWPORT BEACH DESIGN CRITERIA, STANDARD SPECIAL PROVISIONS AND STANDARD DRAWINGS FOR PUBLIC WORKS CONSTRUCTION, 2004 EDITION AND ADOPTING THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. "GREENBOOK" 2003 EDITION. 1) Adopt Resolution No. 2004 -_ approving the publication of the City of Newport Beach `Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction ", 2004 Edition; and 2) adopt Resolution No. 2004 -` adopting the "Greenbook Standard Specifications for Public Works Construction ". 2003 Edition. 8. INITIATION OF A MUNICIPAL CODE AMENDMENT TO TITLE 20 RELATED TO THE SIZE OF ELEVATOR SHAFTS THAT MIGHT EXCEED APPLICABLE HEIGHT LIMITS AND OFF - STREET PARKING REQUIREMENTS FOR MEDICAL AND DENTAL OFFICES. Adopt Resolution No. 2004 initiating amendments to Title 20 of the NBMC. 9. RESOLUTION ADJUSTING STREET SWEEPING PARKING RESTRICTIONS ON VISTA DEL ORO AND MAR VISTA DRIVE. Adopt Resolution No. 2004 adjusting street sweeping operation and related NO PARKING restrictions on Vista Del Oro and Mar Vista Drive from 8:30 a.m. to 12:30 p.m. Thursdays to 9:30 a.m. to 12:30 p.m. Thursdays; and 2) rescind Resolution No. 2003 -32. CONTRACTS AND AGREEMENTS 10. CAMEO SHORES SEWER FORCE MAIN REPLACEMENT - AWARD OF CONTRACT (C- 3646). 1) Approve the plans and specifications; 2) award the contract (C -3646) to GCI Construction for the total bid price of $177,905 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $17,000 to cover the cost of unforeseen work; and 4) approve a budget amendment (BA -022) in the amount of $49,865.63 from various accounts to Account No. 7531- C5600728. 11. BALBOA VILLAGE IMPROVEMENTS PHASE 2 - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3527). 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 year after Council acceptance; and 5) approve a budget amendment (BA -025) appropriating $64,000 in the Balboa Village Plan Phase 2 Account No. 7161- C5100543 from the CDBG surplus fund balance. MISCELLANEOUS ACTIONS 12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM PROLITERACY, NEWPORT/MESA AND TRANSFER FUNDS TO APPROPRIATE ACCOUNTS FOR LITERACY SERVICES. Approve BA -023 in the amount of $15,000. 13. APPROVAL OF ORANGE COUNTY MUSEUM OF ART BANNERS - ENCROACHMENT PERMIT N2003 -0475. Conditionally approve the request of the Orange County Museum of Art for the installation of 99 banners from January 16. 2004 to April 25, 2004 for the Annual Art Banner program. 14. COMMENTS ON ENVIRONMENTAL REVIEW FOR PROPOSED SCHOLLE PROJECT (JAMBOREE ROAD AND FAIRCHILD ROAD) AND OTHER PREVIOUSLY APPROVED PROJECTS IN THE IRVINE BUSINESS COMPLEX. 1) Direct staff to transmit comments prepared by EQAC to the City of Irvine; and 2) direct staff to make additional comments on the revised traffic study and other studies that may become available prior to public hearings. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 15. BUDGET AMENDMENT TO APPROPRIATE ADDITIONAL FUNDS FOR RESIDENTIAL REFUSE COLLECTION SERVICES IN THE NEWPORT COAST AREA. Approve a budget amendment (BA -024) to appropriate additional funds in the amount of $147,700 to cover the cost of residential refuse collection services in the Newport Coast area. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR K. PUBLIC COMMENTS R4bli.c 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. 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 Status report — Newport Coast Advisory Committee Status report — Mariners Joint Use Library Ad Hoc Steering Committee Status report — Other Committee Activities M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING COMMISSION AGENDA FOR JANUARY S, 2004. 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. N. PUBLIC HEARINGS 17. PA 2003 -149: PREZONING AND GENERAL PLAN AMENDMENTS FOR ANNEXATION OF AREA 7 (GP 2003 -005 AND CA 2003 -006) AND THE EMERSON STREET AREA (GP 2003 -006 AND CA 2003 -007). Action: 1) Conduct the public hearing; 2) Adopt Resolution No. 2004 approving General Plan Amendments Nos. 2003 -005 and 2003 -006; and 3) Introduce Ordinance No. 2004 approving Code Amendment Nos. 2003 -006 and 2003 -007 and pass to second reading on January 27, 2004. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 18. VACATION OF PUBLIC UTILITY EASEMENT AT 3209 VIA LIDO. Action: 1) Conduct public hearing; 2) Adopt Resolution No. 2004 ordering the vacation and abandonment of the 4 -foot wide utility easement located in Parcel 1 of Newport Beach Lot Line Adjustment No. NBLL95- 2 as described in Exhibit "A" and depicted in Exhibit "B °; and 3) Direct the City Clerk to have the Resolution recorded in the Office of the County Recorder. O. CONTINUED BUSINESS 19. REFILLING VACANCIES ON THE GENERAL PLAN ADVISORY COMMITTEE (GPAC) (contd. from 12/09/03). Action: Appoint nominees as recommended by the General Plan Update Committee (GPUC). 20. CORONA DEL MAR STATE BEACH IMPROVEMENTS — AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH ROBBINS JORGENSEN CHRISTOPHER ARCHITECTS (contd. from 12/09/03). Action: Approve Amendment No. 2 to Professional Services Agreement with Robbins Jorgensen Christopher Architects, and authorize the Mayor and City Clerk to execute the Amendment. P. CURRENT BUSINESS 21. APPOINTMENTS BY THE MAYOR TO THE COUNCIL /CITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. Action: Confirm appointments as recommended and announced by the Mayor: I. COUNCIL /CITIZENS AD HOC COMMITTEES A. Aviation Committee 1. Council Member 2. Council Member 3. City Manager or designee 4. City Attorney or designee 5. Current president or designee of the Airport Working Group 6. Resident of Newport Coast /Newport Ridge Judith Whitmore Chairman (either Council Member or resident) Vice Chair (either Council Member or resident B. Ad Hoc Committee to Promote the Revitalization of the Balboa Peninsula (PROP) 1. Council Member 2. Council Member 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. H. Affordable Housing Task Force 1. 3. Council Member Council Member 3. Chairman C. Building Ad Hoc Committee Council Member 1. Council ?Member 3. 2. Council Member Planning Commissioner 3. Council Member 6. 4. City Manager D. City- School Ad Hoc Comnttee 1. Council Member 2. Council Member 3. Council Member 4. City Manager E. Economic Development Committee (EDC) 1. Council Member 2. Council Member 3. Council Member 4. Planning Commissioner 5. EQAC Chairman 6. Chairman F. Oil and Gas Field Operations Committee 1. Council Member 2. Council Member 3. Utilities Department Director G. City Council Ad Hoc Sphere Issues Committee 1. Council Member 2. Council Member 3. Council Member H. Affordable Housing Task Force 1. Council Member 2. Council Member 3. Council Member I. Ad Hoc General Plan Update Coni nittee 1. Council Member 2. Council Member 3. Council Member 4. Planning Commissioner 5. Planning Commissioner 6. Planning Commissioner 7. Environmental Quality Affairs Citizens Advisory Committee designee 6 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. J. K. L. M. W W Fm 8. Economic Development Committee designee 9. Aviation Committee designee 10. Harbor Commission designee 11. Greenlight designee Web Site Review Ad Hoc Conunittee 1. Council Member 2. Council Member 3. Council Member Ad Hoc Telecommunications Committee 1. Council Member 2. Council Member 3. Community Member Donald Boortz 4. Community Member Leslie Daigle Local Coastal Program (LCP) Certification Conunittee 1. Council Member 2. Council Member 3. Council Member 4. Planning Commissioner 5. Planning Commissioner 6. Planning Commissioner July 4th West Newport Safety Planning Committee 1. Council Member 2. Council Member 3. Community Member Craig Batley 4. Community Member Mary Bryant Mariners Joint Use Library Ad Hoc Steering Conunittee 1. Council Member 2. Council Member 3. Newport Beach Library Trustee 4. Newport Beach Library Trustee Citv Council Econornic Advisory Conunittee 1. Council Member 2. Council Member 3. Council Member City Council Ad Hoc Legal Services Conunittee 1. Council Member 2. Council Member 3. Council Member 7 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Q. Ad Hoc Friends of Oasis Cooperative Agreement Committee 1. Council Member 2. Council Member R. Santa Ana River Crossines (SARX) Ad Hoc Conmiittee 1, Council Member 2. Council Member 3. Council Member II. COUNCIL COMMITTEE A. Finance Committee 1. Council Member 2. Council Member • 3. Council Member III. REPRESENTATIVES TO JOINT GOVERNMENTAL COMMITTEES A. Growth Management Area 8 Representative 1. Council Member B. Hazardous Waste Material - Joint Powers Authority 1. Council Member C. Inter -City Liaison Committee 1. Council Member 2. Council Member 3. City Manager D. Joint Committee for the Evaluation and Implementation of the Upper Newport Bay Cooperative Agreement 1. Council Member 2. Council Member (Alt.) E. League of California Cities /Orange County Division 1. Council Member 2. Council Member (Alt.) F. Orange County Coastal Coalition 1. Council Member G. Orange County Council of Governments ( OCCOG) 1. Mayor Ridgeway* *SCAG District 14 representative and OCCOG Board Member 8 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS P. SR73 /SR55/1 -405 Freeways Confluence Policy Conunittee 1. Council Member IV. CITIZENS ADVISORY COMMITTEES A. Environmental Quality Affairs L Council Member 9 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 2. Council Member (tilt.) H. Orange County Homeless Coalition (Affordable Housing) 1. Council Member 2. Planning Staff Member Daniel Trimble I. Orange County Housing Commission - Advisory Committee 1. Planning Staff Member Daniel Trimble 2. Planning Staff Member Patricia Temple (Alt.) J. Orange County Regional Airport Authority (OCRAA) 1. Council Member 2. Council Member (Alt.) K. Orange County Sanitation District (OCSD) 1. Council Member 2. Council Member (Alt.) L. Santa Ana River Crossing (SARX) Study Policy Advisory Committee 1. Council Member 2. Council Member (Alt.) M. Santa Ana River Flood Protection Agency 1. Council Member 2. Council Member N. San Joaquin Hills Transportation Corridor Joint Powers Agency Board of Directors 1. Council Member 2. Council Member (Alt.) O. Southern California Association of Governments (SCAG) 1. Mayor Ridgeway* *Appointed by Orange County Division of the League of California Cities P. SR73 /SR55/1 -405 Freeways Confluence Policy Conunittee 1. Council Member IV. CITIZENS ADVISORY COMMITTEES A. Environmental Quality Affairs L Council Member 9 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 2. Council Member 3. Chairman or designee. of EDC 4. Chairman [citizen (at large)] B. Coastal/Bay_Water Quality Citizens Advisory Conuxvttee L Council Member 2. Council Member 3. Council Member Chair (either Council Member or resident) Vice Chair (either Council Member or resident) C. Youth Council 1. Council Member (Liaison) 2. Recreation & Senior Services Staff Member D. General Plan Advisory Conuxvttee (GPACI 1. Co -Chair (appointed from membership) 2. Co -Chair (appointed from membership) E. Newport Coast Advisory Conunittee 1. Council Member 2. Council Member 3. Council Member 4. Community Member Jack Butefish 5. Community Member Patrick Fuscoe 6_ Community Member Donald Phelps (Alt.) 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 )so7 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.