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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, April 13, 2004 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR GARY ADAMS Mayor Pro Tem STEVEN ROSANSKY Council Member DON WEBB Council Member STEVE BROMBERG 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. PLEASE TURN CELL PHONES & PAGERS OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD April 13, 2004 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 - Student Rabbi Darah Lerner, Shir Ha -Ma'a lot Temple F. PRESENTATIONS National Library Week Proclamation American Legion Proclamation Fair Housing Month Proclamation Harbor Restaurant Grand Opening Proclamation Earth Day Proclamation Presentation of Check from Library Foundation G. 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. Speakers are not required to submit a card as a condition to addressing the Council. If you do fill out the card pleaseploce it in the box at the podiunt. 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 — 14) are considered by the Council to be routine and will all be enactedd by one motion in the form listed below. The Citv Council Members have received detailed staff reports on each of the items reconwneading on action. There will be no separate discussion of these items prior to the time the Council uotes on the motion unless inenibers of the Council, staff or the public request specific items to be discussed an.dlor 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 inuitation 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 MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 23, 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 INTRODUCTION 3. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIRED INSPECTION FEE ORDINANCE REVISIONS. Introduce Ordinance No. 2004 amending Chapter 14.36 of the NBMC and pass to second reading on April 27, 2004. ORDINANCE FOR ADOPTION 4. SPECIAL EVENT PERMIT PROCESS REVISIONS. Adopt Ordinance No. 2004- 4, adding Chapter 11.03 of Title 11, Deleting Chapter 5.10 from the NBMC pertaining to Special Events: and Amending Exhibit A to Section 3.36.030 of Chapter 3.36, Cost Recovery for User Services. RESOLUTIONS FOR ADOPTION 5. MASTER FEE RESOLUTION. Adopt Resolution No. 2004 -_ updating the Master Fee Schedule. 6. ESTABLISHMENT OF NEWPORT BEACH/IRVINE BORDERS COMMITTEE. 1) Adopt Resolution No. 2004 -_ establishing the Newport Beach/Irvine Borders Committee: and 2) approve the Mayor's appointment of Mayor Ridgeway. Mayor Pro Tem Adams and Council Member Heffernan. CONTRACTS AND AGREEMENTS MARINERS PARK TENNIS COURTS — REJECT ALL BIDS FOR CONTRACT NO. 3662 (C- 3662). Reject all bids received for C -3662 and authorize staff to re- evaluate project design and re- advertise the project at a later date. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. S. LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3538). 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 (04BA -048) appropriating $24,124.40 from Gas Tax Account No. 7181- C5100302 and $19,390 from Sidewalk, Curb, and Gutter Replacement Account No. 7013 - 05100020 into the Lido Isle Bridge Repair Account No. 7013- C5100673. MISCELLANEOUS ACTIONS 9. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR MAINTENANCE & OPERATIONS BUDGET FOR FY 2003/04. Approve a budget amendment (04BA -043) in the amount of $10,000. 10. BUDGET AMENDMENT TO INCREASE REVENUE ESTIMATES WITH AN UNANTICIPATED REVENUE OF DIRECT LOAN REIMBURSEMENT FROM THE STATE OF CALIFORNIA AND TO APPROPRIATE SPECIFIED FUNDS TO THE GENERAL FUND. Approve a budget amendment (04BA -044) to increase revenue estimates by $217,074.60, total amount of CSLA direct loan payments to the Newport Beach Public Library, and to appropriate $100,000 to CIP budget 7017- 04009617. 11. ACCEPT ASSISTANCE TO COMMUNITY EMERGENCY RESPONSE TEAMS (CERT) GRANT. 1) Accept the '02 Federal Emergency Management Agency Supplemental Grant for CERT for $5,010 in funding for the CERT program; and 2) approve a budget amendment (04BA -045) increasing revenue estimates by $5,010 in 2354 -4894 and appropriating those funds into Fire Department Account 2354- 82002. 12. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 94 (PACIFIC DRIVE). Approve a budget amendment (04BA -046) to appropriate $19,035 for assessment engineering services of proposed Assessment District No. 94. 13. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 95 (AREA BOUNDED BY: L STREET, BALBOA AVENUE. CHANNEL ROAD, AND OCEAN BOULEVARD). Approve a budget amendment (04BA -047) to appropriate $19,290 for assessment engineering services of proposed Assessment District No. 95. 14. TELECOMMUNICATIONS FACILITY PERMIT NO. 2003 -003 (PA2003 -255). Continue to April 27. 2004. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. J. PUBLIC HEARINGS 15. CALL FOR REVIEW OF ZINC CAFE AND MARKET AMENDMENT TO USE PERMIT NO 2001 -040 (PA2003 -225) - 3222 EAST COAST HIGHWAY. Action: 1) Conduct public hearing; and 2) Uphold, modify or reverse the decision of the Planning Commission to approve an amendment to Use Permit. No. 2001 -040 to allow the restaurant portion of Zinc Cafe and Market to extend its hours of operation and to allow the establishment to operate with a Type 41 (On -Sale Beer and Wine Eating Place). 16. REVIEW OF THE FY 2004 -2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE -YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Action: 1) Receive comments and recommendations on the Draft Action Plan, including the budget for the CDBG program; and 2) Approve the recommendations for funding and schedule the revised Action Plan for City Council approval at the May 11, 2004 public hearing. 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 na.nte 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 17. PLANNING COMMISSION AGENDA FOR APRIL 8, 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. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. N. CURRENT BUSINESS 18. APPOINTMENTS TO THE CITY CENTENNIAL 2006 COMMITTEE. Action: Confirm the appointment of seven (7) residents to the City Centennial 2006 Committee, as recommended and announced by the Committee. 19. REFILLING OF VACANCIES ON THE GENERAL PLAN ADVISORY COMMITTEE (GPAC). Action: Appoint nominees as recommended by the General Plan Update Committee (GPUC). 20. COUNCIL POLICY MANUAL UPDATE FOR 2004 AND PUBLIC MEETING TO CONSIDER CITY'S STATEMENT OF INVESTMENT POLICY (F -1). Action: Approve the revisions or additions to the Council Policy Manual: Revisions to B -1, B -2, B -3, B -5, B -7, B -8, B -14, B -16, F -1, F -2, F -3, F -4, F -11, F -13, F -14, F -16, F -19, F -22, F -23, G -6, H -1, K -1, K -3; and addition of F -24. 21. INITIATION OF AN AMENDMENT TO DISTRICTING MAP NO. 25 TO ESTABLISH A 10 -FOOT SETBACK ON ORANGE AVENUE FOR A PROPERTY LOCATED AT 3315 CLAY STREET (PA2004 -066). Action: Adopt Resolution No. 2004 -_ initiating an amendment to Districting Map No. 25 to establish a 1.0 -foot setback along Orange Avenue for a property located at 3315 Clay Street (PA2004 -066). O. ITEMS REMOVED FROM THE CONSENT CALENDAR P. MOTION FOR RECONSIDERATION A motion to reconsider the cote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Cou.nei:l members who voted with the prevailing side. Q. ADJOURNMENT 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.