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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, May 10, 2005 Regular Council Meeting - 7:00 p.m. STEVE BROMBERG MAYOR DON WEBB LESLIE J. DAIGLE Mayor Pro Tem 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 May 10, 2005 STUDY SESSION — 4:00 p.m CLOSED SESSION — [Refer to separate agenda from City Attorney] RECESS t,t,tx- kt,t,t,tx- rtr,rtt+,tt A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C. CLOSED SESSION REPORT (if applicably D. PLEDGE OF ALLEGIANCE E. INVOCATION — Reverend Dr. George R. Crisp, Christ Church by the Sea United Methodist F. PRESENTATIONS Presentation of Check from the Friends of the Library Funding of Athletic Complex at Estancia High School Relay for Life Proclamation First Team Real Estate Invitational Regatta Race Week Proclamation UCLA Day Proclamation Poppy Week Proclamation G. NOTICE TO THE PUBLIC The City prouides 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. As a courtesy, please turn cell phones and pagers off or set them in the silent m.ode. 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 — 8) 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 APRIL 26, 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. ORDINANCE FOR ADOPTION 3. AMENDING CHAPTER 14.36 OF THE NEWPORT BEACH MUNICIPAL CODE TO OBTAIN CONSISTENCY WITH 15 DAY APPEAL PERIOD. Adopt Ordinance No. 2005 -_ amending Chapter 14.36, Section 14.36.060. CONTRACTS AND AGREEMENTS 4. RESOLUTION OF INTENTION AND ORDINANCE TO APPROVE AN AMENDMENT TO PERS CONTRACT TO PROVIDE PRE - RETIREMENT OPTIONAL SETTLEMENT DEATH BENEFIT TO SAFETY EMPLOYEES. 1) Adopt Resolution No. 2005 -_, A Resolution of Intention to Approve an Amendment to Contract Between the Board of Administration, California Public Employees' Retirement System and the City Council of the City of Newport Beach; and 2) Introduce Ordinance No. 2005 -_, An Ordinance of the City Council of the City of Newport Beach Authorizing an Amendment to the Contract Between the City Council of the City of Newport Beach and the Board of Administration of the California Public Employees' Retirement System, and pass to second reading on May 24, 2005. 5. JAMBOREE ROAD — MACARTHUR BOULEVARD INTERSECTION IMPROVEMENTS — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3369). 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; and 4) release the Faithful Performance Bond one year after Council acceptance. 2 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 6. PROFESSIONAL SERVICES AGREEMENT FOR MERKEL & ASSOCIATES. Approve a Professional Services Agreement with Merkel & Associates of San Diego, California, for professional environmental services to prepare a Mitigated Negative Declaration and associated documents at a not to exceed cost of $33,033 and authorize the City Manager to sign the agreement. MISCELLANEOUS ACTIONS 7. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO FY 2004 -05 MARINERS LIBRARY PROJECT. Approve a budget amendment (05BA ---) to increase revenue estimates by $200.000 in Account No. 450 -5892 (Library — Friends of the Library) and increase Mariners Library expenditure estimates in 7451- C5100803 (Mariners Library Children's Room) by $200,000. 8. AMENDMENT TO SPECIAL TREE LIST. Approve the revisions to Special Tree List based upon the recommendations of the Parks, Beaches and Recreation Commission. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 9. COOPERATIVE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE FRIENDS OF OASIS. Action: Approve Cooperative Agreement between the City and the Friends of OASIS and repeal Council Policy B -5. 10. REVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FISCAL YEAR 2005 -2009 CONSOLIDATED PLAN AND THE 2005 ONE -YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (contd. from 4/12/05). Action: 1) Conduct public hearing to receive comments on the 2005 -2009 CDBG Consolidated Plan and the Action Plan; 2) Approve the 2005 -2009 CDBG Consolidated Plan and the Action Plan; 3) Authorize the City Manager or his designee to execute the FY 2005 -2006 CDBG Program Grant Agreement and all related documents on behalf of the City; and 4) Adopt Resolution No. 2005 -_ authorizing the City Manager to submit the FY 2005 -2009 application for CDBG funds. the 2005 -2009 Consolidated Plan and One -Year Action Plan to HUD. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 11. DRAFT FINAL ENVIRONMENTAL IMPACT REPORT (SCH 2004081004), GENERAL PLAN AMENDMENT NO. 2004 -004, PLANNED COMMUNITY TEXT AMENDMENT NO. 2004 -003, USE PERMIT NO. 2004 -026, MODIFICATION PERMIT NO. 2005 -030, TRAFFIC STUDY NO. 2004 -003 FOR NEWPORT LEXUS AUTOMOBILE DEALERSHIP (PA 2004 -153). Action: 1) Conduct public hearing; 2) Review the draft Final Environmental Impact Report (EIR), General Plan Amendment (GPA), Planned Community (PC) Text Amendment, Use Permit (UP), Modification Permit, and Traffic Study; and 3) Certify the Final EIR and approve the GPA, the PC Text Amendment, the UP, the Modification Permit, and the Traffic Study for the Newport Lexus automobile dealership. 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 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 — 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. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 12. PLANNING COMMISSION AGENDA FOR MAY 5, 2005. Action: 1) Receive oral report on the most recent Planning Commission actions; 2) Council Member appeal of Planning Commission. Modification Committee or Planning Director approvals subject to appeal; and 3) Receive and file written report. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. N. CURRENT BUSINESS 13. CODE AMENDMENT NO. 2005 -001 AMENDING TITLE 19 OF THE MUNICIPAL CODE RELATED TO PARKING STANDARDS FOR CONDOMINIUM CONVERSIONS (PA 2005 -015). Action: Approve Code Amendment No. 2005 -001 by introducing Ordinance No. 2005 -_ amending the Condominium Conversion Regulations of Title 19 of the Municipal Code to increase the minimum required parking standard to: a) current standards OR b) two spaces per unit, and pass to second reading on May 24, 2005. 14. REVIEW OF GRIFFIN STRUCTURES SITE PLAN ALTERNATIVES AND SELECTION OF SITE PLAN FOR SCHEMATIC DESIGN OF CITY HALL, FIRE STATION, AND PARKING STRUCTURE. Action: 1) Approve recommendation of the Building Committee to proceed with the schematic design of Replacement Option 3, including replacement of Council Chambers, as detailed in the attached April 23, 2005 presentation; 2) Direct staff on whether or not to include the 2,600 square -foot community room as part of the project; 3) Direct staff to include either a 250 or 350 -car parking structure: 4) Approve recommendation to proceed with a LEED certified building; 5) Approve Memorandum of Understanding with Lido Partners, Inc. for conditional approval of a lot -line adjustment; and 6) Direct staff to work with a financial team to develop potential financing for the project. 15. MARINAPARK MOBILEHOME PARK — CHANGE OF USE ISSUES. Action: Direct staff to begin legally required steps to change the use of the property to an interim open space condition, including the preparation and submittal of a relocation report to the Marinapark residents and the City Council for consideration at a public hearing. 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.