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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, May 25, 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 RICHARD A. NICHOLS Council Member JOHN HEFFERNAN Council Member 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. I£ you do fill out the card please place it in the box at the podium. PUBLIC HEARING: I£ 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 Clerks 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 May 25, 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 — Ms. Pat McLaughlin, Second Church of Christ Scientist F. PRESENTATIONS Youth Government Annual Report Presentation for Balboa Island Parade by Craig Page 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 please place it in the box at the podium. Asa 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 (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 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 boxprovided at the podium. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MAY 11, 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. CABLE COMMUNICATIONS FRANCHISES ORDINANCE. Adopt Ordinance No. 2004 -8 relating to cable communications franchises. RESOLUTIONS FOR ADOPTION 4. AMENDMENT TO RESOLUTION ESTABLISHING THE ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE. Adopt Resolution No. 2004 amending Resolution No. 2003 -18 regarding membership, attendance and purpose and responsibilities of the Environmental Quality Affairs Committee. 5. INITIATION OF DISTRICTING MAP AMENDMENT AND SPECIFIC PLAN FOR LIDO MARINA VILLAGE. Adopt Resolution of Intention No. 2004 -_, initiating a Districting Map Amendment and Specific Plan for Lido Marina Village. CONTRACTS AND AGREEMENTS 6. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 101 (AREA BOUNDED BY EAST EDGEWATER AVENUEIEDGEWATER PLACE, ISLAND AVENUE, EAST BALBOA BOULEVARD, AND ADAMS STREET AND BUENA VISTA BOULEVARD, LINDO AVENUE, AND WEST BAY AVENUE). 1) Authorize an advance (04BA -061) from the General Fund in the amount of $102,745 to Assessment District No. 101 and appropriate $40,000 to 74101 -9810 for electric design, $40,000 to 74101 -9811 for phone design, and $22,745 to 74101 -9812 for assessment engineering services; and 2) authorize the City Manager to execute a Professional Services Agreement with MuniFinancial in the not to exceed amount of $22,745 for assessment engineering services. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. DOVER DRIVE SIDEWALK DESIGN — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH VAN DELL AND ASSOCIATES. 1) Approve a budget amendment (04BA -062) in the amount of $19,838 from the Transportation and Circulation fund balance, 260 -3605, to Transportation and Circulation, Dover Drive Sidewalk Design, 7261- C5100712; and 2) approve a Professional Services Agreement with Van Dell and Associates, Inc. of Irvine, for the design of the Dover Drive sidewalk at a contract price of $69,838 and authorize the Mayor and the City Clerk to execute the Agreement. S. MARINER'S MILE WATERFRONT WALKWAY PIERHEAD LINE EXTENSION: APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CASH & ASSOCIATES. 1) Approve Amendment No. 1 to Professional Services Agreement with Cash & Associates and authorize the Mayor and the City Clerk to execute the amendment; and 2) approve a budget amendment (04BA -063) in the amount of $15,000 from the Tide and Submerged Land fund balance, 230 -3605, to Tidelands Capital, 7231- C5100314. 9. SIDEWALK REPLACEMENT PROJECT (FY2003 -04), PHASE 2 — AWARD OF CONTRACT (C- 3693). 1) Approve the plans and specifications; 2) award the contract (C -3693) to International Pavement Solutions Inc. for the total bid price of $118,827 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $11,137 to cover the cost of unforeseen work. 10. CASTAWAYS PARK REVEGETATION — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3546). 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; and 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. 11. IRVINE AVENUE MEDIAN LANDSCAPING PHASE II — DOVER DRIVE TO HOLIDAY ROAD — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3576). 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; and 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. 12. CLEAN BEACHES — STORM DRAIN DIVERSION SUPPORT SERVICES — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. Approve a Professional Services Agreement with Everest International Consultants, Inc. of Long Beach for Storm Drain Diversion Support Services at a contract price of $57,613 an authorize the Mayor and the City Clerk to execute the agreement. MISCELLANEOUS ACTIONS 13. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING FISCAL YEAR JULY 1, 2004 TO JUNE 30, 2005. Authorize the City Clerk to publish a notice advertising for bids to be received on or before the hour of 4:00 p.m., on Friday, June 11, 2004 for a one -year contract covering the publishing and printing of legal notices, or other material required to be published and circulated in the City of Newport Beach. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 14. ADOPT A NEW COUNCIL POLICY FOR DISPLAYING FLAGS ON CITY BRIDGES. 1) Adopt a new Council Policy, L -24, for displaying flags on City bridges; and 2) direct staff to prepare and execute Encroachment Permit /Agreements with the Lido Isle Community Association and the Balboa Island Improvement Association for the installation, maintenance, and removal of flags on Via Lido Bridge and Marine Avenue Bridge. 15. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS TO MAINTENANCE & OPERATIONS BUDGET ACCOUNT FOR FY 2003 -04. Approve a budget amendment (04BA -064) in the amount of $10,000. 16. BUDGET AMENDMENT. Approve a budget amendment (04BA -065) to: 1) appropriate unanticipated revenue funds in the amount of $12,000 from account 4320 -5162 (Adult Sport) to expenditure account 4320 -8080; 2) appropriate unanticipated revenue funds in the amount of $42,000 from account 4330 -5150 (Fee Based Classes) to expenditure account 4330 -8080; and 3) appropriate unanticipated revenue funds in the amount of $6,500 from account 4340 -5144 (Aquatics) to expenditure account 4340 -8080. 17. 2004 -05 PROPOSED BUDGET HEARING; 2004 -05 APPROPRIATION LIMIT HEARING. Schedule a public hearing of the City's Proposed Budget and Appropriation Limit for the 2004 -05 fiscal year on June 8, 2004 at 7:00 p.m. in the City Council Chambers, 3300 Newport Boulevard, and direct the City Clerk to publish a notice of said hearings. 18. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE. Confirm appointment of Kristine Adams as a Community Association Member to the Environmental Quality Affairs Citizens Advisory Committee (EQAC). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 19. REVIEW, APPROVAL AND SUBMISSION OF THE FY 2004 -2005 ONE -YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). Action: 1) Conduct public hearing; and 2) After receiving public comments and recommendations on the Draft Action Plan, including the budget for the CDBG program, approve the Action Plan for submittal to HUD. 20. CODE AMENDMENT NO. 2004 -003 (PA2004 -066) — REQUEST TO AMEND DISTRICTING MAP NO. 25 TO ESTABLISH A 10 -FOOT SETBACK ON ORANGE AVENUE FOR A PROPERTY LOCATED AT 3315 CLAY STREET (PA2004 -066). Action: 1) Conduct public hearing; 2) Approve the request by introducing Ordinance No. 2004 - and pass to second reading on June 8, 2004. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 21. UPDATE OF LOCAL COASTAL PROGRAM (LCP) LAND USE PLAN — LCP AMENDMENT NO. 2004 -001 (PA 2003 -093). Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 2004 -_ approving the Coastal Land Use Plan and authorizing submittal to the Coastal Commission for formal review and approval. 22. NEWPORT TECHNOLOGY CENTER, 500 -540 SUPERIOR AVENUE, AMENDMENT TO USE PERMIT NO. 3679, TRAFFIC STUDY NO. 2003 -001 (PA2003 -122). Action: 1) Conduct public hearing; and 2) Affirm, modify or reverse the decision of the Planning Commission to approve the amendment to use Permit No. 3679 and Traffic Study No. 2003 -001. 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 IV 23. PLANNING COMMISSION AGENDA FOR MAY 20, 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. 24. PUBLIC RIGHT -OF -WAY ORDINANCE. Action: Adopt Ordinance No. 2004 -9 pertaining to use of the public right -of- way. 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. O. CURRENT BUSINESS 25. DISCHARGE OF WEAPONS ORDINANCE. Action: Introduce Ordinance No. 2004 -_ and pass to second reading on June 8, 2004. P. ITEMS REMOVED FROM THE CONSENT CALENDAR 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 — In memory of former Mayor Ruthelyn Plummer 0 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.