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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, January 28, 2003 Regular Council Meeting - 7:00 p.m. STEVEN BROMBERG MAYOR TOD W. RIDGEWAY GARY ADAMS Mayor Pro Tern GARY L. PROCTOR Council Member DON WEBB Council Member 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 If you would like to address the City Council on a scheduled agenda item, please complete the yellow SPEAKER'S CARD. The cards are available in the lobby of the Council Chambers. Please identify on the card your name, address, and the item on which you would like to speak and place it in the box at the podium when you address the Council. The SPEAKER'S CARD assists the Mayor in ensuring that all persons wishing to address the Council are recognized and your name is recorded correctly in the official records. 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 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD January 28, 2003 STUDY SESSION - 4:30 p.rr 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 - Pastor Erik Tribble, Calvary Chapel of Costa Mesa F. PRESENTATION Introduction of Balboa Theater Executive Director Mary Lonich by Dayna Pettit. G. NOTICE TO THE PUBLIC If you wish to address the Council, please fill out the yellow sign -in card and place it in the box at the podium. 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 TAPE 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 tinder CONSENT CALENDAR (1— 15) 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 finless 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 Mayor, state their name and Consent Calendar Item number, and place the sign -in card in the boxprovided at the podium. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JANUARY 14, 2003. 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 INTRODUCTION 3. MODIFICATION OF PROVISIONS OF CHAPTER 17.25 OF TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC) RELATING TO VEHICLE USAGE ON PIERS AND PLAZAS. Introduce Ordinance No. 2003 - amending Chapter 17.25 of Title 17 of the NBMC and pass to second reading on February 11, 2003. 4. ORDINANCE EXTENDING NON- EXCLUSIVE FRANCHISES WITH ADELPHIA & COX CABLE TELECOMMUNICATIONS. Introduce Ordinance No. 2003 -_ and pass to second reading on February 11, 2003. ORDINANCE FOR ADOPTION 5. REQUEST TO AMEND THE FASHION ISLAND PLANNED COMMUNITY (PC -35) DEVELOPMENT PLAN AND DISTRICT REGULATIONS PERTAINING TO SIGNAGE. THE APPLICANT PROPOSES MODIFIED SIGNAGE DEVELOPMENT REGULATIONS THAT WOULD ALLOW ADDITIONAL SHOPPING CENTER IDENTIFICATION MONUMENT SIGNS, VEHICULAR AND PEDESTRIAN DIRECTIONAL SIGNS AND RESTAURANT MONUMENT SIGNS (PA2002 -192) [APPLICANT — HOLLY SANDLER REPRESENTING THE APPLICANT, THE IRVINE COMPANY. Adopt Ordinance No. 2003 -1 approving Planned Community Development Plan Amendment No. 2002 -002 based on the recommendation and revisions made by the Planning Commission. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. RESOLUTIONS FOR ADOPTION 6. ADOPT RESOLUTION FOR STREET SWEEPING ON FERN, HIGHLAND, NORDINA AND SONORA STREETS. 1) Adopt Resolution No. 2003 -_ establishing No Parking restrictions for street sweeping on Mondays from 8:30 a.m. to 12:30 p.m. on the street ends at Highland and Sonora Streets and on Thursdays from 8:30 a.m. to 12:30 p.m. on the street ends on Fern and Nordina Streets; and 2) rescind Resolution No. 2002 -23. 7. VEHICLE LICENSE FEE AND THE STATE BUDGET DEFICIT. Adopt Resolution No. 2003 urging the California Legislature to reject the Governor's proposed shift of local Vehicle Fees (VLF) revenues and to honor the 1998 commitment to restore the VLF. CONTRACTS AND AGREEMENTS 8. OLD FORD ROAD PAVEMENT OVERLAY (C -3437) — COMPLETION AND ACCEPTANCE. 1) Approve a budget amendment (BA -039) authorizing the transfer of $53,858.64 from Account No. 7181- C5100591 to Account No. 7181- C5100587; 2) accept the work; 3) authorize the City Clerk to file a Notice of Completion; 4) 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 5) release the Faithful Performance Bond one (1) year after Council acceptance. 9. OCEANFRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS (C -3383) — COMPLETION AND ACCEPTANCE. 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 (1) year after Council acceptance. 10. APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH PRO SOURCE, INC. FOR CONSTRUCTION SUPPORT SERVICES. Approve Amendment No. 2 to Professional Services Agreement with Pro Source, Inc. for extension of contract construction inspection services in the amount of $36,000. 11. CORONA DEL MAR STATE BEACH IMPROVEMENT — APPROVAL OF GRANT CONTRACT NO. 3461. 1) Affirm the Notice of Exemption for this project; 2) adopt Resolution No. 2003 - appointing the City Manager to act as agent for the City; and 3) approve a Grant Contract with the State Department of Parks and Recreation, and authorize the Mayor and the City Clerk to execute the contract. 12. TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL — AWARD OF CONTRACT (C- 3587). 1) Approve the plans and specifications; 2) award contract (C -3587) to Hillcrest Contracting Incorporated for the total bid price of $161,930; and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $16,190 to cover the cost of unforeseen work; and 4) approve a budget amendment (BA -040) appropriating $300,000 from the unappropriated balance of the Transportation and Circulation Fund to Account No. 7261- C5200702. 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 13. REVIEW OF NEWPORT COAST ASSESSMENT DISTRICT FINANCIAL DATA. 1) Authorize the City Manager to execute Professional Services Agreements (PSAs) with Mr. Robert Messinger of Burke Williams & Sorenson, LLP and Mr. William Mitchell of Cummins and White, LLP regarding a review of Newport Coast assessment district financial data; and 2) approve a budget amendment (BA -041) in the amount of $93,750 relating to this expense. 14. WEST BAY TRAIL, BOARDWALK & RESTORATION PROJECT. Authorize the City Manager to: a) enter into an agreement or memorandum of understanding with the County of Orange to formally allocate up to $800,000 of the County's share of American Trader Oil Spill settlement proceeds towards this project; and b) upon execution of the City - County Agreement and adoption of a budget amendment by City Council, enter into a sole - source Professional Services Agreement with Community Conservancy International (CCI) for Phase I of the project. MISCELLANEOUS ACTION 15. ANNUAL CITY RECYCLING REPORT. Approve the submission of the 2001 Annual City Recycling Report to the California Integrated Waste Management Board. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR K. PUBLIC COMMENTS Public Comments are inoited 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 and address 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 M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING COMMISSION AGENDA FOR JANUARY 23, 2003. 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. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. N R1 PUBLIC HEARINGS 17. UNDERGROUNDING UTILITIES IN PROPOSED ASSESSMENT DISTRICT NO. 70 BAYSHORES AND DESIGNATION OF THIS AREA AS AN UNDERGROUND UTILITIES DISTRICT. Action: 1) Open public hearing on the formation of Assessment District No. 70; 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. 2003 - approving contracts for utility improvements; and b. Adopt Resolution No. 2003 - 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. 70 Bayshores. 6) If desired, abandon the proceedings. 18. HOTTIES PIZZA (PA2002 -172) — 325 OLD NEWPORT BOULEVARD — AMENDMENTS TO USE PERMIT NO. 3622 THAT WOULD ALLOW THE SALE OF BEER AND WINE FOR ONSITE AND OFF -SITE CONSUMPTION (INCLUDING DELIVERY) AND AMEND THE HOURS OF OPERATION ALLOWING THE ESTABLISHMENT TO OPERATE BETWEEN 6 AM AND MIDNIGHT DAILY (6 AM TO 10 PM FOR THE PATIO). Action: 1) Conduct public hearing; and 2) Uphold or modify the decision of the Planning Commission to approve Hotties Pizza. CONTINUED BUSINESS 19. CITY COUNCIL FORMATION OF A MARINERS JOINT USE STEERING COMMITTEE. Action: 1) Adopt Resolution No. 2003 creating a Mariners Joint Use Library Ad Hoc Steering Committee to work with Thirtieth Street Architects, Inc. in site and facility planning for the new Donna and John Crean Mariners Branch Library; and 2) Confirm Mayor's appointment of two (2) Council Members, two (2) Library Trustees and two (2) Mariners neighborhood residents to the Committee. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. P. CURRENT BUSINESS 20. REQUEST TO WIDEN A DRIVE APPROACH AT 433 FERNLEAF AVENUE. Action: Approve or deny the request to widen an existing single -car drive approach to a two -car drive approach on the northwesterly side of Fernleaf Avenue. 21. PROPOSED CITY COUNCIL AD HOC AIRPORT POLICY REVIEW COMMITTEE. Action: 1) Adopt Resolution No. 2003 - creating the City Council Ad Hoc Airport Policy Review Committee and terminating the Airport Issues Committee; and 2) Mayor to appoint three members of the City Council to the City Council Ad Hoc Airport Policy Review Committee. 22. APPOINTMENTS BY THE CITY COUNCIL TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE, COASTALBAY WATER QUALITY CITIZENS ADVISORY COMMITTEE AND THE AVIATION COMMITTEE. Action: Confirm the appointments made by each Council Member as announced; or direct the City Clerk to solicit additional applications and bring this item back at the meeting of February 25th for appointments. Environmental Qualitv Affairs Citizens Affairs Committee (District 1) Mayor Pro Tem Ridgeway's appointment of (at -large member). (District 2) Council Member Proctor's appointment of (at -large member). (District 3) Council Member Webb's appointment of (at -large member). (District 4) Council Member Adams' appointment of (at -large member). (District 5) Mayor Bromberg's appointment of (at -large member). (District 6) Council Member Nichols' appointment of (at -large member). (District 7) Council Member Heffernan's appointment of (at -large member). 11 and and and and and and and SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Coastal/Bav Water Qualitv Citizens Affairs Conunittee (District 1) Mayor Pro Tern Ridgeway s appointment of (District 2) Council Member Proctor's appointment of (District 3) Council Member Webb's appointment of (District 4) Council Member Adams' appointment of (District 5) Mayor Bromberg's appointment of (District 6) Council Member Nichols' appointment of (District 7) Council Member Heffernan's appointment of Aviation Conunittee (District 1) Mayor Pro Tern Ridgeway's appointment of and (alternate). (District 2) Council Member Proctor's appointment of and (alternate). (District 3) Council Member Webb's appointment of and (at -large member). (District 4) Council Member Adams' appointment of and (alternate). (District 5) Mayor Bromberg's appointment of and (alternate). (District 6) Council Member Nichols' appointment of and (alternate). (District 7) Council Member Heffernan's appointment of and (alternate). 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 7 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.