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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, January 27, 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 27, 2004 - 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 - Jim de Boom, Executive Director, Newport Mesa Irvine Interfaith Council F. PRESENTATIONS - None G. NOTICE TO THE PUBLIC The City provides a vellow 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 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 (I — 17) 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 box provided at the podium. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR OR REGULAR MEETING OF JANUARY 13, 2004. 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 ADOPTION 3. 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). Adopt Ordinance No- 2004 -1 approving Code Amendment Nos. 2003 -006 and 2003 -007. RESOLUTIONS FOR ADOPTION 4. ADOPTION OF REVISED EMERGENCY MANAGEMENT PLAN (EMP). 1) Adopt Resolution No. 2004 -_ revising the City's Emergency Management Plan pursuant to Chapter 2.20 of the NBMC and directing staff to submit it to the State of California Office of Emergency Services; and 2) rescind Resolution No. 2002 -37, adopted by City Council on June 11, 2002, which adopted the previous version of the City's Emergency Management Plan. 5. RESOLUTION REGARDING A PROPOSITION 40 GRANT FOR THE CORONA DEL MAR BEACHGOER AMENITY PROJECT. Adopt Resolution No. 2004 -_ allowing the City to apply for a Proposition 40 grant under the Urban Park Act of 2001 Program. CONTRACTS AND AGREEMENTS 6. AUTOMATIC AID AGREEMENT FOR FIRE, RESCUE AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF HUNTINGTON BEACH. Approve the Automatic Aid Agreement for Fire, Rescue and Emergency Medical Services between the City of Newport Beach and the City of Huntington Beach and authorize the Mayor to execute the agreement. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. NEWPORT BOULEVARD/HOSPITAL ROAD RIGHT -TURN MODIFICATIONS — AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING, INC. Approve Amendment No. 1 to Professional Services Agreement with W.G. Zimmerman Engineering, Inc. and authorize the Mayor and the City Clerk to execute the Amendment. 8. GIS BASED TRAFFIC COLLISION DATABASE — APPROVAL OF PROFESSINAL SERVICES AGREEMENT WITH CROSSROADS SOFTWARE, INC. 1) Approve a Professional Services Agreement with Crossroads Software, Inc. of Brea for development and implementation of a GIS Based Traffic Collision Database at a contract price of $50,000 and authorize the Mayor and the City Clerk to execute the Agreement; and 2) approve a budget amendment (BA -027) increasing revenue estimates by $50,000 in Fund 250 -4862, appropriate $50,000 in the Contributions Fund 250, and establish expenditure Account No. 7251- C5200743 with a $50,000 balance. MISCELLANEOUS ACTIONS 9. ADOPTION OF A COUNCIL POLICY ESTABLISHING GUIDELINES FOR INVOCATIONS. Adopt the draft Council Policy (A -19) attached as Exhibit A to staff report. 10. ACCEPT ASSISTANCE TO FIREFIGHTERS GRANT. 1) Accept Federal Emergency Management Agency's United States Fire Administration Assistance to Firefighters Grant for $42,140 in funding for the Fire Operations and Firefighter Safety; and 2) approve a budget amendment (BA -026) appropriating the $42,140 grant funds and the needed 30% matching funds of $18,060 into Fire Department Account 2320 -4894. 11. ANNUAL CITY RECYCLING REPORT. Approve the submission of the 2002 Annual City Recycling Report to the California Integrated Waste Management Board. 12. EMERGENCY WATER REPAIR AT JAMBOREE ROAD AND EAST COAST HIGHWAY. Approve the emergency expenditure of $58,195.88 from the Water Enterprise Fund to repair the 18 -inch water main break and pavement replacement in East Coast Highway at Jamboree Road. 13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY FY 2003/04 AND APPROPRIATE FUNDS TO LITERACY SERVICES ACCOUNTS. Approve a budget amendment (BA -028) in the amount of $30,114. 14. ANNUAL NARCOTICS ASSET FORFEITURE REPORT 2003 (JANUARY 1, 2003 THROUGH DECEMBER 31, 2003) [INFORMATION ONLY]. Receive and file. 15. APPROPRIATION OF $73,944.77 FROM THE AFFORDABLE HOUSING TRUST DEPOSIT TO ACCOUNT #0510 -8080 AND ACCOUNT #7014- C2700706 TO PAY VARIOUS LEGAL AND CONSULTING FEES RELATED TO BAYVIEW LANDING COASTAL COMMISSION ENTITLEMENT. Approve budget amendment (BA -029 appropriating $65,368.70 from the Affordable Housing Trust Deposit to City Attorney's Professional Services account and $8,576.07 to the Bayview Affordable Housing CIP account. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 16. CITY OF IRVINE NOTICE OF PREPARATION OF DRAFT SUPPLEMENTAL EIR FOR CENTRAL PARK PROJECT IN THE IRVINE BUSINESS COMPLEX. Approve and authorize the Mayor to send comments. 17. COUNTY OF ORANGE NOTICE OF PREPARATION FOR DRAFT SUPPLEMENTAL EIR FOR PELICAN HILLS RESORT IN NEWPORT COAST. Approve and authorize the Mayor to send comments. 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 inuited 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 is. PLANNING COMMISSION AGENDA FOR JANUARY 22, 2004. [Meeting cancelled due to lack of business]. N. PUBLIC HEARINGS 19. UNDERGROUNDING UTILITIES IN PROPOSED ASSESSMENT DISTRICT NO. 75 BALBOA BUSINESS DISTRICT AND DESIGNATION OF THIS AREA AS AN UNDERGROUND UTILITIES DISTRICT. Action: 1) Open public hearing on the formation of Assessment District No. 75; 2) Hear testimony from those who desire to speak; 3) Close the public hearing; 4) Count ballots; 5) If more "yes" votes than "no" votes have been submitted, and if it is desired to form the District, take the following actions: SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. a) Adopt Resolution No. 2004 -_ approving contracts for utility improvements; and b) Adopt Resolution No. 2004 -_ declaring the results of the ballot tabulation, confirming the assessment, ordering the acquisition of improvement; approving the Assessment Engineer's Report, and designating the area an Underground Utilities District for Assessment District No. 75 Balboa Business District. 6) I£ desired, abandon the proceedings. 20. CALL FOR REVIEW OF ACCESSORY OUTDOOR DINING PERMIT NO. 2003 -002 — 440 HELIOTROPE AVENUE (PA2003 -087). Action: 1) Conduct public hearing; and 2) Uphold and affirm the decision of the Planning Director to approve Accessory Outdoor Dining Permit No. 2003 -002. O. CURRENT BUSINESS 21. INITIATION OF A MUNICIPAL CODE AMENDMENT TO TITLE 20 RELATED TO CITY COUNCIL CALLS FOR REVIEW OF PLANNING COMMISSION, PLANNING DIRECTOR OR MODIFICATIONS COMMITTEE ACTIONS. Action: Adopt Resolution No. 2004 initiating an amendment to Chapter 20.95, Title 20 of the NBMC related to calls for review. 22. STATUS REPORT ON CITY ATTORNEY RECRUITMENT PROCESS. Action: 1) Accept the report and approve the recruitment process recommendation; and 2) Adopt Resolution No. 2004 -_ extending the Committee's term to no later than July 14, 2004. 23. ESTABLISHMENT OF A CITY COUNCIL COMMITTEE TO INITIATE THE PLANNING OF ACTIVITIES AND MATERIALS TO CELEBRATE THE CITY OF NEWPORT BEACH'S 100T1i ANNIVERSARY AS AN INCORPORATED CITY. Action: Adopt Resolution No. 2004 -_ creating the City Centennial 2006 Committee and have Mayor Ridgeway appoint its three (3) Council Members including a Chairman. 24. REVISION TO COUNCIL POLICY A -10, "PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS" AS IT PERTAINS TO SPEAKER TIME LIMITS AND TO COUNCIL POLICY A -6, "OPEN MEETING POLICIES" AS IT PERTAINS TO THE ORDER OF BUSINESS FOR COUNCIL MEETINGS. Action: Approve the revisions to Council Policies A -10 and A -6. 5 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 voted with the prevailing side. Q. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.