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HomeMy WebLinkAbout0 - 08-23-99CITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Monday, August 23, Regular Council Meeting DENNIS D. O'NEIL MAYOR TOM W. THOMSON Mayor Pro Tern TOD W. RIDGEWAY Council Member JAN DEBAY Council Member 1999 - 7:00 p.m. NORMA J. GLOVER Council Member GAROLD B. ADAMS Council Member JOHN E. NOYES Council Member HOMER BLUDAU - City Manager, ROBERT BURNHAM - City Attorney, LAVONNE HARKLESS - City Clerk, DON WEBB - Director of Public Works, SHARON Z. WOOD - Assistant City Manager/Director of Community and Economic Development. 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 Mondays 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 August 23, 1999 CLOSED SESSION [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED (if applicable) RECESS RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Pledge of Allegiance. Invocation by Reverend Dr. George Crisp, Christ Church by the Sea United Methodist. Review of Corona del Mar Design Charette held June 11, 12 & 13, 1999. IF YOU WISH TO ADDRESS THE COUNCIL. PLEASE FILL OUT THE YELLOW SIGN -IN CARD AND PLACE IT IN THE BOX AT THE PODIUM. 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. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 18) 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 (STUDY SESSION) AND REGULAR MEETING OF AUGUST 9, 1999. 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. RESOLUTION FOR ADOPTION 3. RESOLUTION OF SUPPORT FOR THE GROUNDWATER REPLENISHMENT SYSTEM. Adopt Resolution No. 99 supporting the Groundwater Replenishment System, a joint effort of the Orange County Water District and the Orange County Sanitation District. 4. COST - SHARED AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE FOR THE NEWPORT BAY /SAN DIEGO CREEK WATERSHED FEASIBILITY STUDY. Adopt Resolution No. 99 -_ relating to the City's financial participation in the Newport Bay /San Diego Creek Watershed Feasibility Study. ORDINANCE FOR INTRODUCTION 5. ORDINANCE ADDING CHAPTER 13.20 TO THE NBMC PERTAINING TO OBSTRUCTIONS ON PUBLIC PROPERTY (contd. from 8/09/99). Introduce Ordinance No. 99- and pass to second reading on September 13, 1999. ORDINANCES FOR ADOPTION 6. ORDINANCE AMENDING CHAPTER 5.50 OF THE NBMC PERTAINING TO MASSAGE ESTABLISHMENTS. Adopt Ordinance No. 99 -21. ORDINANCE ADDING CHAPTER 1.55 TO THE NBMC PERTAINING TO UPPER NEWPORT BAY RECREATION AND SCENIC TRAIL. Adopt Ordinance No. 99 -22. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. CONTRACTS AND AGREEMENTS S. BALBOA PENINSULA GATEWAY PARK, :LIDO GATEWAY PARK AND SOUND WALL LANDSCAPE IMPROVEMENTS — AWARD OF CONTRACT (C- 3155). Approve the plans and specifications; reject the bids of Green Giant Landscape, Inc. and JDC, Inc. as being non - responsive; award contract to Golden Bear Arborists, Inc. for the total bid amount of $310,494.05 and authorize the Mayor and the City Clerk to execute the contract; approve a budget amendment (BA -005) to appropriate a new revenue contribution of $78,886 to Account No. 7251- C51003272; and establish an amount of $20,000 to cover the cost of testing and unforeseen work. 9. MALIBU CIRCLE SLOPE REPAIR — AWARD OF CONTRACT (C- 3292). Approve the plans and specifications; award contract to Brongo Construction, Inc. for the total bid price of $121,170 and authorize the Mayor and the City Clerk to execute the contract; and establish an amount of $12,000 to cover the cost of material testing and unforeseen work. 10. JAMBOREE ROAD SEWER IMPROVEMENTS (C -3179) — COMPLETION AND ACCEPTANCE. Accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 11. BUSINESS IMPROVEMENT DISTRICT (BID) ADMINISTRATION CONSULTANT. Authorize Assistant City Manager to execute contract with Cathimarie's for BID administration. 12. AIRBORNE LAW ENFORCEMENT (ABLE) JOINT POWERS AGREEMENT REVISION. Approve the Joint Powers Agreement between the City of Newport Beach and the City of Costa Mesa continuing the existing ABLE program. 13. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE OCEAN BOULEVARD RIGHT -OF -WAY ADJACENT TO 3619 OCEAN BOULEVARD, CORONA DEL MAR (EP99 -257). Approve the application subject to: 1) execution of an Encroachment Agreement for non- standard improvements; authorize the Mayor and the City Clerk to execute the Agreement; and authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder; 2) an Encroachment Permit issued by the Public Works Department; 3) a Building Permit issued by the Building Department; and 4) the Building Department, Fire Department, General Services Department and Public Works Department shall approve all improvements. MISCELLANEOUS ACTIONS 14. PLANNING COMMISSION AGENDA FOR AUGUST 19, 1999. Receive and file. 15. EMERGENCY POWER SUPPLY FOR CITY HALL, ZONE II. Authorize the acquisition and installation of an emergency power supply for City Hall through a sole- source bid, deeming the project of urgent necessity for the preservation of life, health and property, with the project not to exceed $90,000 [requires 5 votes as per §1110 of the City Charter]. SPEAKERS MUST LIMIT REMARKS TO 5 ]MINUTES ON AGENDA ITEMS. 16. CANNERY VILLAGE MANUFACTURED HOUSING PROJECT — APPROVAL OF PUBLIC WATER SYSTEM. Approve the developer's request to have the City own and operate the on -site water system. 17. BUDGET AMENDMENT (BA -006) TO ACCEPT DONATION IN THE AMOUNT OF $1,250 FROM THE NEWPORT HARBOR ELKS LODGE #1767 FOR THE SOLE PURPOSE OF FUNDING THE 2000 SPECIAL OLYMPICS BASKETBALL TOURNAMENT. Approve budget amendment. 18. FUNDING FOR THE ORANGE COUNTY REGIONAL AIRPORT AUTHORITY. Approve granting $150,000 to partially finance the work program as outlined in the staff report. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR 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 3aninutes. Before speaking, please state your name and address for the record. PUBLIC HEARINGS 19. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL PUBLIC HEARING, RESOLUTION TO CONFIRM BID RENEWAL AND ADOPTION OF ORDINANCE TO MODIFY THE BASIS FOR LEVYING ASSESSMENTS FOR 1999 -2000 FISCAL YEAR. Action: a) Conduct public hearing regarding the renewal of the Corona del Mar Business Improvement District; b) If protests represent less than 50 percent of the total assessment amount adopt Ordinance No. 99 -18 modifying and levying BID assessments for the 1999 -2000 fiscal year and adopt Resolution No. 99 -_ confirming the Corona del Mar Business Improvement District for the 1999 -2000 fiscal year; OR C) If protests represent 50 percent or more of the total assessment abandon the proceedings to renew the District. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 20. COUNCIL CONSIDERATION OF PLANNING COMMISSION'S RESPONSE TO COUNCIL COMMENTS REGARDING POTENTIAL NEWPORT CENTER SURVEY (contd. from 8/09/99). Action: Do not authorize the conduct of a survey at this time regarding proposed additions to Newport Center. 21. "TASTE OF NEWPORT" BANNERS. Action: a) Approve the request of Newport Harbor Area Chamber of Commerce for the installation of 202 banners from August 25, 1999 to September 20, 1999, along Jamboree Road, MacArthur Boulevard, Dover Drive, Westcliff Drive, Balboa Boulevard, Newport Boulevard, and Newport Center Drive East/West; OR b) Deny the request. 22. ANALYSIS OF POLICE OPERATIONS — JULY 4, 1999. Action: Review the contents of this report and provide staff direction on which (if any) areas of focus Council would like brought back for possible implementation prior to July 4, 2000. 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 ineinbers who voted with the prevailing side. ADJOURNMENT — In Memory of Wolf Stern. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.