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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, March 22, 2005 Regular Council Meeting - 7:00 p.m. STEVE BROMBERG MAYOR DON WEBB LESLIE J. DAIGLE Mayor Pro Tern TOD W. RIDGEWAY Council Member STEVEN ROSANSKY Council Member Council Member RICHARD A. NICHOLS Council Member JOHN HEFFERNAN Council Member HOMER BLUDAU - City Manager, ROBIN CLAUSON -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 March 22, 2005 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 annlicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION — Reverend Dr. Dennis Short, Harbor Christian Church and President of Newport -Mesa- Irvine Interfaith Council F. PRESENTATIONS Irvine Terrace Homeowners Association — Presentation of Check Friends of OASIS — Presentation of Check Tsunami Relief Benefit Concert — Proclamation Newport Beach Chamber of Commerce Presentation on developing a partnership with the City for selecting the Citizen of the Year 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 podiun?. As a courtesy, please turn cell phones and pagers off or set then? 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- 12) 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 MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 8, 2005. 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 ORDINANCE AMENDING SECTION 12.40.055 OF THE NEWPORT BEACH MUNICIPAL CODE TO ALLOW PARKING OF EQUESTRIAN VEHICLES IN SANTA ANA HEIGHTS. Adopt Ordinance No. 2005 -2 amending Section 12.40.055 of the NBMC - Parking of Certain Oversized Vehicles and Nonmotorized Vehicles in Residential Districts Prohibited. 4. CODE AMENDMENT NO. 2004 -013 - CIVIC PLAZA, 1 CIVIC PLAZA (PA2004- 272) - AMENDMENT TO THE CIVIC PLAZA PLANNED COMMUNITY TEXT (PC -19) TO CHANGE THE NAME OF THE DEVELOPMENT AND TO MODIFY THE SIGN REGULATIONS RELATING TO PROJECT IDENTIFICATION SIGNS BY CHANGING THE SIZE, LOCATION, NUMBER AND THE INCLUSION OF TENANT NAMES. Adopt Ordinance No. 2005 -3. CONTRACTS AND AGREEMENTS 5. UPDATED 800 MHZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM (CCCS) JOINT AGREEMENT. Approve the terms of the Joint Agreement for the Operation. Maintenance and Financial Management of the Orange County 800 MHz Countywide Coordinated Communications System dated November 2004, and authorize the Mayor and City Clerk to execute a copy of the Joint Agreement Amendment for processing through the County Clerk of the Board. 6. AWARD OF LANDSCAPE MAINTENANCE CONTRACT FOR CITYWIDE MEDIANS AND ROADSIDES. Approve a five year maintenance contract with Spectrum Care Landscape to provide landscape maintenance services for Citywide medians and roadsides at an annual cost of $308,900. 2 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. APPROVE THE MITIGATED NEGATIVE DECLARATION FOR THE NEWPORT BOULEVARD RIGHT TURN LANE ONTO HOSPITAL ROAD (C- 3655). Approve the Mitigated Negative Declaration (MND) for Newport Boulevard Right Turn Lane onto Hospital Road. S. ORANGE COUNTY TRANSPORTATION AUTHORITY AMENDMENT NO. 10 TO COOPERATIVE AGREEMENT NO. C -95 -985. Approve Amendment No. 10 to Cooperative Agreement No. C -95 -985 between the Orange County Transportation Authority (OCTA) and the City of Newport Beach and authorize the Mayor and the City Clerk to execute the Amendment. 9. APPROVAL OF CONTENT MANAGEMENT SERVER SOFTWARE PURCHASE TO UPGRADE POLICE DEPARTMENT WEBSITE. 1) Approve the purchase of the Content Management Software from Civica Software in the amount of $66,711 from the Police Department's Support Services Division Computer Services Account #1820 -8091; and 2) authorize the Police Chief to sign the Purchase Agreement with Civica Software. MISCELLANEOUS ACTIONS 10. RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMITTEE TO FILL EDC VACANCY. Appoint Lloyd Ikerd as "at- large" representative. 11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO EXPENDITURE BUDGET ACCOUNTS FOR FY2004/05. Approve a budget amendment (05BA -050) increasing revenue estimates by $87,000 in 4010 -5892, Library — Friends of the Library, and increasing expenditure estimates by $87,000 in Division 4091, Friends. 12. CONTINUE PUBLIC HEARING FOR PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 19 SANTA ANA HEIGHTS — MESA DRIVE, CYPRESS STREET AND A PORTION OF ORCHARD DRIVE. Continue public hearing for the proposed Underground Assessment District No. 19, Santa Ana Heights, until April 26, 2005 when legal issues and use of RDA funds should be resolved between the County of Orange and the City of Newport Beach. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 13. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION OF CONFIRMATION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR A SHORTENED FISCAL YEAR 2005. Action: 1) Hold public hearing regarding the renewal of the Balboa Village Business Improvement District; and 2) a. If protests represent less than 50 percent of the total assessment amount adopt Resolution No. 2005 -_ confirming the levy of the BID assessment for the 2005 shortened fiscal year; OR SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. b. If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the District. 14. GENERAL PLAN AMENDMENT (GP 2004 -010) — AMENDMENTS TO THE HOUSING ELEMENT (PA 2004 -235). Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 2005 -_ approving General Plan Amendment No. 2004 -010, 15. PUBLIC HEARING: THE PROPOSED NEWPORT COAST COMMUNITY CENTER: DESIGN APPROVAL, CONSIDERATION OF ALTERNATE DEVELOPMENT REGULATIONS, CEQA FINDINGS. Action: 1) Hold the public hearing on the proposed Newport Coast Community Center, and, at the conclusion of the hearing: 2) Find that the Newport Coast Community Center project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of CEQA's Implementing Guidelines; 3) Approve the Site Development Permit with Alternative Development Standards related to the height of the proposed building (35 feet) and percent of open space (13 %); 4) Approve a Parking Waiver (reflecting either 123 spaces or 93 spaces) and a Joint Use Parking Agreement to allow the shared use of the Newport Ridge Park parking lot for the proposed Community Center: 5) Direct the project architect, Betsey Dougherty of Dougherty and Dougherty, to proceed to construction drawings according to one of the following alternative conditions: a. A roughly 17,000 square foot Community Center that includes two meeting rooms, a gymnasium, restrooms, storage, lobby area, and ancillary rooms with a 123 - space parking lot that includes the space southerly of the facility; require an approved Parking Management Plan (PMP), to be submitted by event sponsors, for any event which causes occupancy of the building to exceed 369 persons. The Recreation and Senior Services Director (or her designee) shall review and /or approve the PMP (the City Manager's Recommendation); OR b. A roughly 17,000 square foot Community Center that includes two meeting rooms, a gymnasium, restrooms, storage, lobby area, and ancillary rooms with a 93- space parking lot that reserves the space southerly of the facility as a "future library site" (the Newport Coast Advisory Committee's Recommendation). SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. K. PUBLIC COMMENTS Public Comments are invited on non- agenda iterns generally considered to be within the subject matter jurisdiction of the Council -- Speakers must lirnit comments to 3- minutes. Before speaking, please state your narne 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— City Centennial 2006 Committee Status report — City Council/Citizens Ad Hoc Committee for Marina Park Planning Status report — City Council Ad Hoc Marina Park Advisory Committee Status report — Other Committee Activities M. CURRENT BUSINESS 16. INITIATION OF CODE AMENDMENT NO. 2005 -004 INCORPORATING A NEW AFFORDABLE HOUSING CHAPTER TO TITLE 20 OF THE NBMC, ESTABLISHING PROVISIONS FOR THE IMPLEMENTATION OF THE CITY'S HOUSING PROGRAMS RELATED TO INCLUSIONARY ZONING, LOW- AND MODERATE - INCOME HOUSING WITHIN THE COASTAL ZONE, AND POSSIBLE FUTURE AMENDMENTS (PA 2005 -062). Action: Adopt Resolution No. 2005 -_ initiating an amendment to Title 20 of the NBMC. 17. MORNING CANYON RESTORATION (C -3517) — AUTHORIZE USE OF APPROVED FUNDS FOR PREPARATION OF FINAL CONSTRUCTION DOCUMENTS. Action: 1) Approve the Morning Canyon Stream Stability and Channel Restoration Study prepared by RBF Consulting (RBF); 2) Approve a budget amendment (05BA -051) transferring $148,870 from the Unappropriated General Fund reserves to the Upper Morning Canyon account, 7012- C5100750; and 3) Approve Amendment No. 1 to the Professional Services Agreement with RBF of Irvine to prepare final documents required for constructing a stabilization project in Morning Canyon at a fee not -to- exceed $148.870 and authorize the Mayor and the City Clerk to execute the agreement. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. N. ITEMS REMOVED FROM THE CONSENT CALENDAR O. 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. P. ADJOURNMENT — In memory of Helen Wick SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.