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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, February 11, 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 February 11, 2003 STUDY SESSION — 4:00 p.m CLOSED SESSION — [Refer to separate agenda from City Attorney] RECESS xxxxxxxxxxxxxxxxxxx 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, Pastor of Harbor Christian Church, Chair of Newport Mesa Irvine Interfaith Council F. PRESENTATION - None G. NOTICE TO THE PUBLIC If you wish to address the Council, please (ill 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 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 Consent Calendar Item number, and place the sign -in card in the box provided at the podium. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JANUARY 28, 2003. Waive reading of subject minutes, approve Adjourned Regular Meeting minutes as written and order filed and continue approval of Regular Meeting minutes until February 25, 2003. 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. MODIFICATION OF PROVISIONS OF CHAPTER 17.28 OF TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC) RELATING TO VEHICLE USAGE ON PIERS AND PLAZAS. Re- introduce Ordinance No. 2003 -2 amending Chapter 17.28 of Title 17 of the NBMC and pass to second reading on February 25, 2003. ORDINANCE FOR ADOPTION 4. ORDINANCE EXTENDING NON- EXCLUSIVE FRANCHISES WITH ADELPHIA & COX CABLE TELECOMMUNICATIONS. Adopt Ordinance No. 2003 -3. RESOLUTION FOR ADOPTION 5. MODIFICATION TO THE COMPOSITION OF THE COUNCIL /CITIZENS AD HOC AVIATION COMMITTEE. Adopt Resolution No. 2003 - modifying the composition of the Council /Citizens Ad Hoc Aviation Committee. CONTRACTS AND AGREEMENTS 6. BALBOA PENINSULA STREETLIGHT MODIFICATIONS (C -3416) — 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond 1 year after Council acceptance. DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND STREET REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY (C -3394) — 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 1 year after Council acceptance. 8. ZONE V EMERGENCY BACKUP GENERATOR (C -3506) — 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 1 year after Council acceptance. 9. TEMPORARY EMPLOYMENT AGREEMENT WITH TONY MELUM. 1) Approve a temporary employment agreement with Tony Melum in the amount of $65 /hour and authorize the City Manager to execute the agreement; and 2) approve a budget amendment (BA -042) transferring $50,000 from Account No. 2371 -7010 (Salaries — Safety) to Account No. 2371 -7020 (Salaries — Part - time). MISCELLANEOUS ACTION 10. RELEASE OF SURETIES FOR THE MACARTHUR BOULEVARD WIDENING RELATED TO TRACT NO. 12105 AND TRACT NO. 14533. 1) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond for the construction of MacArthur Boulevard Improvements along the residual parcel adjacent to Tract No. 12105 (Bond No. 5241 0025); and 2) authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond (Bond No. 17- 64 -49) for the construction of MacArthur Boulevard Improvements along Tract No. 14533 frontage. 11. RELEASE OF SUBDIVISION BONDS FOR NEWPORT BLUFFS APARTMENTS, TRACT NO. 15584. 1) Authorize the City Clerk to release the Faithful Performance Bond for the construction of street and storm drain improvements in Tract No. 15584 (Bond No. 21- 36 -20); and 2) authorize the City Clerk to release the Labor and Material Bond for the construction of on -site street and storm drain improvements (Bond No. 21- 36 -20) in six months, provided no claims have been filed. 12. REFILLING OF VACANCIES ON THE GENERAL PLAN ADVISORY COMMITTEE. Direct the General Plan Update Committee to review previously submitted GPAC applications and make recommendations for the City Council to fill vacancies if there is a sufficient pool of applicants. Direct the Planning Staff to advertise for applications, if the pool of applicants is insufficient. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS J. ITEMS REMOVED FROM THE CONSENT CALENDAR 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 lineit comments to 3- minutes. Before speaking, please state your nante 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 13. PLANNING COMMISSION AGENDA FOR FEBRUARY 6, 2003 [MEETING CANCELLED]. N. PUBLIC HEARINGS Fel 14. CODE AMENDMENT CA 2002 -007 - LANDMARK BUILDINGS (PA 2002 -218) - AMENDMENT TO TITLE 20 OF THE NBMC TO DESIGNATE CERTAIN TYPES OF BUILDINGS AS "LANDMARK BUILDINGS" AND MODIFY RESTRICTIONS ON NONCONFORMING USES IN LANDMARK BUILDINGS. Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2003 -_ approving Code Amendment CA 2002 -007 and pass to second reading on February 25, 2003. 15. APPOINTMENTS BY THE CITY COUNCIL TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE, COASTAL/BAY WATER QUALITY CITIZENS ADVISORY COMMITTEE AND THE AVIATION COMMITTEE (contd. from 1/28/03). Action: 1) Confirm the appointments to the Environmental Quality Affairs Citizens Advisory Committee and the Coastal/Bay Water Quality Citizens Advisory Committee made by each Council Member as announced; and 2) Direct the City Clerk to solicit additional applications for the Aviation Committee and continue those appointments until March 11, 2003. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS Ia Environmental Quality Affairs Citizens Affairs Committee (District 3) Council Member Webb's appointment of (at -large member). (District 4) Council Member Adams' appointment of member). (District 5) Mayor Bromberg's appointment of and (regular (regular member). (District 6) Council Member Nichols' appointment of (at -large member). Coastal/Bav Water Quality Citizens Affairs Committee (District 3) Council Member Webb's appointment of (District 6) Council Member Nichols' appointment of and 16. GENERAL PLAN AMENDMENT (GPA) INITIATION NO. 2003 -001 (PA2003- 010) - GPA TO INCLUDE SELF - STORAGE FACILITIES IN THE RANGE OF PERMITTED USES IN THE CAMPUS DRIVE AREA OF STATISTICAL AREA L4 (AIRPORT AREA). Action: 1) Approve General Plan Amendment Initiation No. 2003 -001 and provide direction to staff as to the area the amendment should include; OR 2) Decline to initiate the item and consider the issue in conjunction with the upcoming Comprehensive General Plan Update. 17. SUTHERLAND TALLA HOSPITALITY RESORT PROJECT REVIEW - AD HOC COUNCIL COMMITTEE. Action: Appoint an Ad Hoc Committee to review the proposed project and return to the City Council on February 25, 2003 with recommendations regarding any modifications to the proposed project and /or the agreement. Q. MOTION FOR RECONSIDERATION A motion to reconsider the vote on an 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 * * * * * * * * * * * * * * * * * ** 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS