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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, May 24, 2005 Regular Council Meeting - 7:00 p.m. STEVE BROMBERG MAYOR DON WEBB LESLIE J. DAIGLE Mayor Pro Tern Council Member TOD W. RIDGEWAY Council Member STEVEN ROSANSKY Council Member HOMER BLUDAU HARKLESS - City WOOD - Assistant - City Manager, Clerk, STEPHEN G City Manager. RICHARD A. NICHOLS Council Member JOHN HEFFERNAN Council Member ROBIN CLAUSON - City Attorney, LAVONNE BADUM - Director of Public Works, SHARON Z. 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 24, 2005 - 3:30 p.m. CLOSED SESSION - [Refer to separate agenda from City Attornev] 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 F. PRESENTATIONS Athletic Complex at Estancia High School. Introduction of Students Traveling to Okazaki. Butterfly Initiative Proclamation. State Champion Girls Soccer Team Proclamation. Proclamations for Outstanding Conununity Financial Contribution. Youth Council Presentation. Chuck Jones Day Proclamation. G. NOTICE TO THE PUBLIC The City provides a yellow sign. -ia card for those wishing to address the Council to assist in the preparation of the nun.u.tes. 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— 13) 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 tinge the Council votes on the motion unless members of the Council, staff or the public request specific items to be discussed and /or removed front 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 Mavor, 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 MAY 10, 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 INTRODUCTION 3. RESOLUTION CERTIFYING FINAL EIR, RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO. 2004 -004, USE PERMIT NO. 2004 -026, MODIFICATION PERMIT NO. 2005 -030 AND TRAFFIC STUDY NO. 2004 -003; AND ORDINANCE ADOPTING PLANNED COMMUNITY TEXT AMENDMENT NO. 2004 -003 FOR NEWPORT LEXUS AUTOMOBILE DEALERSHIP (PA 2004 -153) — 3901, 3931, 3961 MACARTHUR BOULEVARD AND 848 AND 888 DOVER STREET. 1) Clarify the City Council action of May 10, 2005, approving the Newport Lexus project, and certification of the EIR, by adoption of Resolution No. 2005 -_ certifying the Final EIR and Resolution No. 2005 -� approving General Plan Amendment No. 2004 -004, Use Permit No. 2004 -026, Modification Permit No. 2005 -030, and Traffic Study No. 2004 -003; and 2) clarify City Council action of May 10, 2005 approving Planned Community Text Amendment No. 2004 -003 for the project by introduction of Ordinance No. 2005 read by title only and waive further reading, and pass to second reading on June 14, 2005. ORDINANCE FOR ADOPTION 4. ORDINANCE TO APPROVE AN AMENDMENT TO PERS CONTRACT TO PROVIDE PRE - RETIREMENT OPTIONAL SETTLEMENT DEATH BENEFIT TO SAFETY EMPLOYEES. Continue to June 14, 2005. RESOLUTIONS FOR ADOPTION 5. RESOLUTION RELATING TO CODE ENFORCEMENT IN WEST SANTA ANA HEIGHTS. 1) Adopt Resolution No. 2005 -_ authorizing the City's Code and Water Quality Enforcement staff to serve the West Santa Ana Heights community SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. for a series of l -year renewable terms or until such time as the City annexes West Santa Ana Heights, whichever comes first; and 2) authorize the City Manager to execute a final contract in substantially similar form to the draft Agreement attached to the staff report as Attachment B. 6. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SEASHORE DRIVE, NEWPORT BOULEVARD AND BALBOA BOULEVARD, AND SELECTED FEEDER STREETS FOR THE JULY 4TH HOLIDAY. Adopt Resolution No. 2005- CONTRACTS AND AGREEMENTS MESA DRIVE WIDENING PROJECT — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH CIVIL WORKS ENGINEERS. 1) Approve a Professional Services Agreement with Civil Works Engineers of Costa Mesa for design of widening Mesa Drive at the intersection of Irvine Avenue at a contract price of $64,734 and authorize the Mayor and City Clerk to execute the Agreement: and 2) authorize a budget amendment (05BA -062) in the amount of $36,054 from the unappropriated balance of the Circulation & Transportation Fund to Account No. 7261- C5200665. 8. 2004 -2005 TRAFFIC SIGNAL UPGRADES — AWARD OF CONTRACT (C- 3764). 1) Approve the plans and specifications; 2) award the contract (C -3764) to Inspection Engineering Construction for the total bid price of $330,280 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $33,000 to cover the cost of unforeseen work; and 4) approve a budget amendment (05BA -061) in the amount of $201,968 from the unappropriated balance of the Transportation and Circulation Fund, 260 -3605, to Account No. 7261- C5200068. 9. SUNSET RIDGE PARK: APPROVAL OF GROUND LEASE, BUDGET AMENDMENT, AND ESCROW INSTRUCTIONS. 1) Authorize the City Manager or the Mayor to execute a Ground Lease with the California Department of Parks and Recreation for the Sunset Ridge Park property at Superior and Pacific Coast Highway in a form and substance substantially similar to the Draft Ground Lease; 2) approve a budget amendment (05BA -063) allocating $676,458 (in addition to the $680,000 already budgeted) to pay California State Parks to take title to the property per the terms of Senate Bill 124 (Johnson 2001); 3) authorize the City to open and administer an escrow account to cause the Sunset Ridge Park property to transfer from Caltrans to State Parks according to the provisions of SB 124; and 4) in the event that State officials offer a direct sale of the Sunset Ridge Park property (including Director's Deeds #040766 -01 -01 and #040766- 01 -02) to the City, authorize the City Manager to negotiate with Caltrans on a direct sale. 10. BACK BAY SCIENCE CENTER — AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH GAIL P. PICKART. Approve Amendment No. 2 to the Professional Services Agreement with Gail P. Pickart, P.E. MISCELLANEOUS ACTIONS 11. 2005 -06 PROPOSED BUDGET HEARING; 2005 -06 APPROPRIATION LIMIT HEARING. Schedule a public hearing of the City's Proposed Budget and Appropriation Limit for the 2005 -06 fiscal year on June 14, 2005 at 7:00 p.m. and direct the City Clerk to publish a notice of said hearings. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. J K. L. 12. PASSIVE PARK IN THE SANTA ANA HEIGHTS REDEVELOPMENT AREA. Approve the concept plan for the passive view park at the intersection of Mesa Drive and Birch Street in Santa Ana Heights; and direct staff to proceed with the preparation of plans and specifications and solicit bids for park construction. 13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY 2004/05. Approve a budget amendment (05BA -064) to increase revenue estimates by $166,708 in Account No. 4010 -5893 (NBPL Foundation Donations) and increase expenditure estimates by the same amount in Division 4090, Foundation. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. PUBLIC COMMENTS Public Comments are incited on non - agenda items generally considered to be within the subject matter jurisdiction of the Council -- Speakers mast limit comments to 3-minutes. Before speaking, please state your name for the record. 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 PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR MAY 19, 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. M. CURRENT BUSINESS 15. EMPLOYMENT AGREEMENT FOR POLICE CHIEF BOB MCDONELL. Action: Review and approve the proposed employment agreement, by which Chief McDonell would continue to serve as the Newport. Beach Police Chief after his official retirement. 16. ADOPT RESOLUTION REGARDING INTERIM FUNDING REIMBURSEMENT AUTHORIZATION FOR PROSPECTIVE CITY HALL COMPLEX AND RESCIND RESOLUTION NO. 2003 -41. Action: Adopt Resolution No. 2005 -_ and rescind Resolution No. 2003 -41. 17. REFORESTATION REQUEST HARBOR VIEW HILLS SOUTH HOMEOWNERS ASSOCIATION. Action: Review the decision of the Commission and approve the reforestation request. is. INTERIM URGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES. Action: Adopt Urgency Ordinance No. 2005 -_ placing a temporary forty -five (45) day moratorium on the establishment and operation of medical marijuana dispensaries (requires 5 affirmative votes). 19. TRIP GENERATION AND FISCAL IMPACT ANALYSIS OF THE GENERAL PLAN UPDATE LAND USE ALTERNATIVES. Action: Review and comment on reports. 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 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.