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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, July 27, 2004 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR GARY ADAMS Mayor Pro Tern 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 July 27, 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 - Reverend Dr. Dennis Short, Harbor Christian Church, President of Newport- Mesa - Irvine Interfaith Council F. PRESENTATIONS Newport Beach Conference & Visitors Bureau Annual Report. National Recreation & Parks Month. G. NOTICE TO THE PUBLIC The City provides a yellou) sign -in card for th.ase 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 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 — ]l) 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 AND REGULAR MEETING OF JULY 13, 2004 AND ADJOURNED REGULAR MEETING OF JULY 19, 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. ORDINANCES FOR ADOPTION 3, MARINER'S MILE LANDSCAPE STANDARDS, MUNICIPAL CODE SECTION 20.42,050(M), CODE AMENDMENT NO, 2004 -006 (PA 2004 -104) — AMENDS THE STANDARDS TO REDUCE THE NUMBER OF PALM TREES REQUIRED AND PROVIDE FLEXIBILITY IN THE SPECIES OF HEDGES REQUIRED ACROSS THE FRONTAGE OF PROPERTIES ON COAST HIGHWAY BETWEEN NEWPORT BOULEVARD AND THE BACK BAY BRIDGE, Adopt Ordinance No. 2004 -15. 4, ZONING AMENDMENT /RECOVERY FACILITIES, Adopt Ordinance No. 2004- 16 amending the Zoning Code. RESOLUTION FOR ADOPTION DECLARATION OF SURPLUS ASSESSMENT DISTRICT FUNDS, 1) Adopt Resolution No. 'LOOM- to declare improvement fund surpluses in the following assessment districts: 60 (West Bay Avenue from 8th Street to 15th Street); 61 (Bay Avenue and East Bay Front); 62 (Hazel Drive south of PCH); 63 (Newport Island): 64 (Channel Road); 65 (West Coast Highway); 66 (Bay Avenue from 7th Street to 81h Street); and 72 (Balboa Coves); and 2) authorize the Administrative Services Director to choose an appropriate distribution method, to return remaining funds, with interest, consistent with the 1913 Act on a district. by district basis. CONTRACTS AND AGREEMENTS 6, PROFESSIONAL SERVICES AGREEMENT WITH JENNIFER BRANIN FOR NEWPORT COAST ASSESSMENT DISTRICT REVIEW, Authorize the City Manager to execute an $18,000 Professional Services Agreement (PSA) with Jennifer SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Branin of Branin Finance to complete her review of Newport Coast assessment district financial data. MISCELLANEOUS ACTIONS UPDATE ON CABLE TELEVISION FRANCHISE NEGOTIATIONS. Receive and file report. 8. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 94 (PACIFIC DRIVE). Approve a budget amendment (05BA -002) authorizing an advance from the General Fund in the amount of $18,060 to Assessment District No. 94 and appropriate 511,260 to 74094- 9810 for SCE electric design and $6,800 to 74094 -9811 for SBC phone design. 9. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 95 (AREA BOUNDED BY L STREET, BALBOA BOULEVARD, CHANNEL ROAD AND OCEAN BOULEVARD). Approve a budget amendment (05BA -005) authorizing an advance from the General Fund in the amount of $105,500 to Assessment District No. 95 and appropriate $80,500 to 74095- 9810 for SCE electric design and $25,000 to 74095 -9811 for SBC phone design. 10. 2004 -2005 CULTURAL ARTS GRANTS. Approve recommended recipients for FY 2004 -05 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Policy I -12 — Reserve Fund for Culture and Arts. 11. TELECOMMUNICATIONS FACILITY PERMIT NO. 2003 -003 (PA2003- 255) (contd. from 5/11/04, 6/8/04 & 7/13/04). Continue to August 24, 2004 to allow staff time to review the applicant's new proposal, as well as provide Council with an evaluation prepared by an independent consultant. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 12. PROPOSED ASSESSMENT DISTRICT NO. 68 (NEWPORT SHORES) FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITY DISTRICT. Action; 1) Open public hearing on the formation of Assessment District No. 68; 2) Hear testimony from those who desire to speak; 3) Close the public hearing; 4) Count ballots; 5) I£ more "yes" votes than "no" votes have been submitted, and if it is desired to form the District, take the following actions: 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 Engineers Report, and designating the area an Underground Utilities District for Assessment District No. 68 Newport Shores; SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 6) Approve a budget amendment (05BA -003) in anticipation of the formation and approval of Assessment District No. 68. The proposed budget amendment will increase revenue estimates by $5,978,077 and increase expenditure appropriations by S5,453,737. The difference of $524,340 will be utilized to establish a bond reserve of approximately $429,800 and $94,540 will he utilized to reimburse the City for past assessment engineering and design expenditures related to this district: 7) If desired, abandon the proceedings. 13, PROPOSED ASSESSMENT DISTRICT NO. 69 - WEST NEWPORT (AREA BETWEEN SEASHORE DRIVE AND W. OCEAN FRONT, FROM SUMMIT ST. TO 33RD STREET; BETWEEN RIVER AVENUE AND SEASHORE DRIVE FROM 56TH STREET TO 47TH STREET AND OCEAN FRONT ALLEY, FROM 33RD STREET TO ALLEY EAST OF 30TH STREET) FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT. Action: 1) Open public hearing on the formation of Assessment District loo. 69: 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: a) Adopt Resolution No. 2004 -_ approving contracts for utility improvements: and b) Adopt Resolution \o. 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. 69 West Newport; 6) Approve a budget amendment (05BA -004) in anticipation of the formation and approval of Assessment District No. 69. The proposed budget amendment will increase revenue estimates by $9,117,156 and increase expenditure appropriations by $8.390.811. The difference of $726,345 will be utilized to establish a bond reserve of approximately $638,000 and $88.345 will be utilized to reimburse the City for past assessment engineering and design expenditures related to this district, This budget amendment also appropriates $789.204 for the related assessment on City owned property, 7) If desired, abandon the proceedings. 14. VACATION OF SEWER EASEMENT AT 207 EVENING CANYON ROAD. Action: 1) Conduct public hearing: 2) Adopt Resolution No. 2004 -_ ordering the vacation and abandonment of the 5 -foot wide sewer easement located on Lot 123. Tract 1116 as described in Exhibit "A" and depicted in Exhibit `B ": and 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 3) Direct the City Clerk to have the Resolution recorded in the Office of the County Recorder. 15. VACATION OF SEWER EASEMENT AT 2223 CLIFF DRIVE. Action: 1) Conduct public hearing; 2) Adopt Resolution No. 2004 ordering the vacation and abandonment of the 5 -foot wide sewer easement located on Lot A, Tract 919 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. 16. MARINAPARK RESORT & COMMUNITY PLAN [Applicant — Bayside Pacific LLC (formerly Sutherland Talla Hospitality — STH)]. (contd. from 7/13/04). Action: 1) Adopt Resolution No. 2004 -_ (Exhibit A) certifying that the final Environmental Impact Report (EIR) for the Project fully complies with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, making the findings required by CEQA and the CEQA Guidelines and adopting the Mitigation Monitoring Plan for the Project. 2) Adopt Resolution No. 2004 (Exhibit B), pursuant to Section 423 of the City Charter, the Measure S Guidelines and the agreement between the City and STH dated March 11, 2003, submitting to the electorate at the regular municipal election on November 2, 2004 proposed amendments to the Land Use Element and the Recreation and Open Space Element of the General Plan pertaining to the Project and Marinapark (Property). 3) Adopt Resolution Nos. 2004 and 2004 (Exhibits C and D) authorizing any member or members of the City Council to file arguments in favor of, or against, the proposed amendments. directing the City Attorney to prepare an impartial analysis and authorize rebuttals. 4) Receive and file the Fiscal Impact Report prepared by Applied Development Economics and the Market Analysis prepared by PKF Consulting; 5) Receive the report of the Marinapark Negotiating Committee (Ridgeway and Heffernan) regarding the status of discussions with the Project proponent (Bayside), regarding a lease of the Property and approve the recommendations of the Committee regarding appropriate lease terms and conditions. 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 JULY 22, 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. CURRENT BUSINESS 18. NEWPORT BAY WATERSHED EXECUTIVE COMMITTEE AND APPOINTMENTS THERETO. Action: 1) Adopt Resolution No. 2004 relating to the Watershed Executive Committee: and 2) Appoint Council Member as the representative to the Watershed Executive Committee and Council Member as Pt Alternate and Assistant. City Manager Dave Riff as 2 ^6 alternate. 19. COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE REPLACEMENT OF THE ROCKY POINT PUMP STATION. Action: Approve and authorize the Mayor to send the comment letter. O. ITEMS REMOVED FROM THE CONSENT CALENDAR 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 M SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.