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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, June 13, 2000 Regular Council Meeting - 7:00 p.m. JOHN E. NOYES MAYOR GAROLD B. ADAMS NORMA J. GLOVER Mayor Pro Tern Council Member TOD W. RIDGEWAY Council Member JAN DEBAY Council Member DENNIS D. O'NEIL Council Member TOM W. THOMSON 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. 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 June 13, 2000 (Special Meeting) - 3:30 p.m. [Refer to separate agenda] 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. William Flanagan, St. Andrews Presbyterian Church. Status Report on the Newport Beach Public Library Foundation by Dave Carmichael, President. Presentation of Proclamations: 1) Recognizing Marine Safety Supervisor Mitch White for his heroic effort in saving the lives of Alex and Vicky Anaya on Sunday, May 28, 2000. 2) Recognizing Lifeguard Drew Balandis for his outstanding effort on Memorial Day, Monday, May 29, in making a Newport Beach lifeguard record of 80 rescues. 3) Recognizing Fire Captain Rich Thomas, Fire Paramedic Ron Gamble, Firefighters Mike Mullen, Terry Teals and Brett Sutherland, and the crews of Fire Engine 62, 64, 66, Truck 62 and 63, Medic Unit 62 and Battalion 6, for their heroic efforts in saving the lives of Sarah Weeks and Christine Arnold. IF YOU WISH TO ADDRESS THE COUNCIL. PLEASE FILL OUT THE YELLOW SIGN -IN CARD AND PLACE IT IN THE BOX AT THE PODIUM. 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. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (] — 23) 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. 1toIG111 SU't1]9u11►U11 Nx,911] till S& UG)*VAN11toDf"*011111 Y0]M 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MAY 23, 2000. 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. RESOLUTIONS FOR ADOPTION 3. IMPLEMENTATION OF ENHANCED RETIREMENT AND CAFETERIA PLAN BENEFITS FOR MISCELLANEOUS EMPLOYEES AND MARINE SAFETY OFFICERS. Adopt the following resolutions: 1) Resolution No. 2000 -_ only with respect to members of the Newport Beach City Employees Association, fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act; 2) Resolution No. 2000 - only with respect to members of the Newport Beach Employees League, fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act; 3) Resolution No. 2000 - only with respect to members of the Newport Professional and Technical Employees Association, fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act; 4) Resolution No. 2000 - only with respect to members of the Newport Beach Key and Management Employees, fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act; 5) Resolution No. 2000 -_ only with respect to members of the Newport Beach Marine Safety Officers, fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act; 6) Resolution No. 2000 -_ only with respect to members of the Newport Beach City Council, fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act; 7) Resolution No. 2000 -_ declaring its intention to approve an amendment to contract between the Board of Administration, California Public Employees' Retirement System and the City Council, City of Newport Beach. 4. FY 2000 -2001 COMBINED TRANSPORTATION FUNDING PROGRAM APPLICATION. 1) Adopt Resolution No. 2000 -_ approving the submittal of the City's FY 2000 -2001 program application to the Orange County Combined Transportation Funding Program; and 2) direct staff to apply for funding under the Orange County Combined Transportation Funding Programs for the various projects as included in the City's application package. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. ORDINANCES FOR ADOPTION 5. PARKING METER RATE INCREASES. Adopt Ordinance No. 2000 -9 establishing parking meter fees for on- street meters. 6. AMENDMENT OF CHAPTER 1.12 OF THE NBMC (contd. from 5/9/00). Adopt Ordinance No. 2000 -10 amending Section 1.12.020 of Title 1 of the NBMC pertaining to citations and warrants. 7. AMENDMENT OF CHAPTER 1.30 OF THE NBMC. Adopt Ordinance No. 2000 -11 amending Section 1.30.030 of Title 1 of the NBMC pertaining to election campaign filing. CONTRACTS AND AGREEMENTS 8. ASSIGNMENT OF LEASE WITH KELSHO COMMUNICATIONS. Approve the assignment of the Citicasters lease to Entravision Communications Corporation and approve and authorize the City Manager to execute the Memorandum of Lease Assignment and Estoppel Certificate. 9. MEMORANDUM OF UNDERSTANDING (MOU) WITH THE NEWPORT BEACH MARINE SAFETY OFFICERS ASSOCIATION. Approve MOU. 10. LICENSE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE METRO CITIES FIRE AUTHORITY TO OPERATE RADIO EQUIPMENT ON SIERRA PEAK. Authorize the City Manager, the City of Newport Beach representative to the Metro Cities Fire Authority ("Authority ") Board to approve the renewal of this License Agreement and future License Agreements between the County of Orange and the Authority for communications equipment at Sierra Peak Communications Facility. 11. MEMORANDUM OF UNDERSTANDING - EMERGENCY RESCUE VEHICLE. Approve the Memorandum of Understanding (MOM with the Cities of Costa Mesa and Irvine in order to formalize the cost sharing agreement and liability exposure for an Emergency Rescue Vehicle accessible to all three jurisdictions. 12. AWARD OF CONTRACT (C -3336) FOR THE INSTALLATION OF NEW TRAFFIC SIGNALS AT SAN MIGUEL DRIVEIPORT RAMSEY PLACE, SAN MIGUEL DRIVE/ PORT SUTTON DRIVE -YACHT COQUETTE, AND AVOCADO AVENUE/FARALLON DRIVE ALONG WITH MISCELLANEOUS IMPROVEMENTS AT VARIOUS LOCATIONS. 1) Approve the plans and specifications; 2) award C -3336 to Macadee Electrical Construction for the total bid price of $658,234 and authorize the Mayor and the City Clerk to execute the contract; 2) establish an amount of $65,800 to cover the cost of unforeseen work; 3) accept the contribution of $34,467 from the Broadmoor Seaview Homeowners Association; 4) establish an amount of $9,000 to cover the cost of Edison installing transformers for electrical service; and 5) approve a budget amendment (BA -067) for $336,240.14 from the Transportation and Circulation Fund balance to Account No. 7261 - 05200068. 13. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR IMPROVEMENTS TO NEWPORT BOULEVARD AND HOSPITAL ROAD. 1) Authorize the Mayor and City Clerk to execute a Professional Services Agreement with W.G. Zimmerman Engineering in the amount of $67,100 to complete plans, specifications and estimates for improvements at SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. the intersection of Newport Boulevard and Hospital Road; and 2) approve a budget amendment (BA -068) in the amount of $51,715.48 transferring funds from the Transportation and Circulation Fund balance to Account No. 7261.5100070. 14. BALBOA PENINSULA GATEWAY PARK, LIDO GATEWAY PARK AND SOUND WALL LANDSCAPE IMPROVEMENTS (C -3155) - 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 six months after Council acceptance. 15. PROFESSIONAL SERVICES AGREEMENT FOR BIG CANYON RESERVOIR SEISMIC ANALYSIS PROGRAM. Authorize the Mayor and the City Clerk to execute a Professional Services Agreement with URS Greiner Woodward Clyde International Americas, Inc. in the amount of $124,674 to complete a Seismic Analysis Program (SAP) for the City's Big Canyon Reservoir facility. 16. JAMBOREE ROAD/EASTBLUFF DRIVE INTERSECTION IMPROVEMENTS (C- 3202 -B) - 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 six months after Council acceptance. 17. FINANCIAL AUDIT AND SINGLE AUDIT SERVICES FOR FISCAL YEARS 2000, 2001 AND 2002. Approve the selection of the auditing firm of Conrad and Associates, L.L.P. and enter into a contract with said firm to audit the City's financial statements and perform a Single Audit of the City's Federal assistance for the fiscal years ending June 30, 2000, 2001, and 2002. The total all- inclusive maximum fees for each year, including any out -of- pocket expenses and a three percent fee adjustment for each of the two succeeding years are $38,465, $39,620 and $40,810 respectively. Upon satisfactory completion of the work performed during each of the first three years, the City Council may extend the auditing services agreement up to an additional three years without obtaining written proposals. MISCELLANEOUS ACTIONS 18. PLANNING COMMISSION AGENDA FOR JUNE 8, 2000. Receive and file. 19. PROPOSED CULTURAL ARTS CENTER. Approve Ad Hoc Committee for Arts & Education Center's request to set aside 3.5 acres at Newport Village for future building site. 20. BUDGET AMENDMENT (BA -065) IN THE AMOUNT OF $41,760 TO APPROPRIATE THE PROCEEDS OF THE INCOME FROM THE ACKERMAN PROPERTY TO ACQUIRE HIGH TECH LIBRARY EQUIPMENT PER THE ACKERMAN TRUST. Approve BA -065. 21. BUDGET AMENDMENT (BA -066) IN THE AMOUNT OF $10,000 TO INCREASE REVENUE ESTIMATES TO REFLECT FUNDS FROM THE BROKAW FAMILY FOUNDATION AND TO INCREASE EXPENDITURE APPROPRIATIONS. Approve BA -066. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 22. MEASURE M ELIGIBILITY REQUALIFICATION FOR FY 1999 -2000. 1) Adopt the Seven -Year Capital Improvement Program; and 2) direct staff to submit the adopted Capital Improvement Program, and the Maintenance of Effort certification to the Orange County Transportation Authority to satisfy the eligibility provisions for the Measure M and the Congestion Management Programs. 23. REPORT ON LAWS PROHIBITING THE USE OF DEVICES THAT PRE -EMPT TRAFFIC SIGNALS. Receive and file. 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 iteins generally considered to be within the subject matter jurisdiction of the Council -- Speakers must limit comments to 3- iniuutes. Before speaking, please state your name and address for the record. PUBLIC HEARINGS 24. FISCAL YEAR 2000 -01 PROPOSED BUDGET HEARING. Action: 1) Conduct public hearing; 2) Prepare a checklist of proposed changes to the proposed budget; and 3) Direct the preparation of the Budget Resolution for adoption, including any approved "checklist" items at the Council meeting of June 27, 2000. 25. ADOPTION OF THE ANNUAL APPROPRIATION (GANN) LIMIT. Action: 1) Conduct public hearing; 2) Adopt Resolution No. 2000 -_ determining and establishing an appropriations limit ($83,745,471) for Fiscal Year 2000 -01 in accordance with Article XIIIB of the California Constitution and Government Code Section 7910. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 26. VACATION AND ABANDONMENT OF PORTIONS OF UNUSED RIGHT -OF -WAY ALONG THE SOUTHERLY SIDE OF PACIFIC DRIVE IN CORONA DEL MAR. Action: 1) Conduct public hearing; 2) Adopt Resolution No. 2000 - ordering the vacation and abandonment of the street right -of -way in excess of 60 feet in width along the southerly side of Pacific Drive (varying from approximately 12.4 to 19 feet) subject to approval of Zoning Amendment No. 899 on June 27, 2000, to modify property setbacks; and 3) Direct the City Clerk to have the resolution recorded by the Orange County Recorder subject to the approval of Zoning Amendment No. 899 on June 27, 2000. 27. AMENDMENT TO FRONT YARD SETBACKS ON PACIFIC DRIVE (PLANNING COMMISSION AMENDMENT 899) - AMEND DISTRICTING MAP NO. 16 TO ESTABLISH A LOT -BY -LOT FRONT YARD SETBACK FOR 13 PROPERTIES LOCATED ON THE SOUTHERLY SIDE OF PACIFIC DRIVE BETWEEN AVOCADO AVENUE AND THE WESTERLY SIDE OF BEGONIA AVENUE DUE TO THE VACATION OF A PORTION OF THE PUBLIC RIGHT -OF -WAY; AMEND SECTION 20.10.030 AND SECTION 20.10.040 OF THE ZONING CODE TO ADD CLARIFYING LANGUAGE FOR DETERMINING THE CALCULATION OF BUILDABLE AREA FOR THE SUBJECT PROPERTIES. Action: 1) Hold public hearing; 2) Introduce Ordinance No. 2000 - approving Amendment No. 899 and pass to second reading on June 27, 2000. 28. NEWPORT DUNES RESORT (NEWPORT DUNES PARTNERSHIP, APPLICANT) -A GENERAL PLAN AMENDMENT, LOCAL COASTAL PROGRAM LAND USE PLAN AMENDMENT, ZONING CODE AMENDMENT, AND PLANNED COMMUNITY DISTRICT PLAN FOR THE 100 -ACRE NEWPORT DUNES PROPERTY AND A CONCEPTUAL PRECISE PLAN FOR A HOTEL AND TIME -SHARE COMPLEX WITH CONFERENCE, MEETING, AND BANQUET FACILITIES, RESTAURANTS, A HEALTH CLUB AND SPA, RETAIL AND SERVICES AREAS, AND SWIMMING POOLS AND LANDSCAPED GARDEN AREAS. Action: 1) Conduct public hearing; 2) Adopt Resolution No. 2000 -_ certifying Environmental Impact Report No. 157 and adopting statement of findings and statement of overriding considerations; 3) Adopt Resolution No. 2000 -_ approving, modifying, or denying General Plan Amendment No. 97 -3 (F) and Local Coastal Plan Amendment No. 51; 4) Adopt Resolution No. 2000 -_ approving, modifying, or denying Traffic Study No. 115; 5) Adopt Resolution No. 2000 - approving, modifying, or denying the Conceptual Precise Plan for Planning Unit 1; 6) Introduce Ordinance No. 2000 -_ approving or modifying Amendment 878 and Planned Community District Plan PC -48 and pass to second reading on June 27, 2000 or deny Amendment 878 and Planned Community District Plan PC -48; and 6 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 7) Introduce Ordinance No. 2000 -_ approving or modifying Development Agreement No. 12 and pass to second reading on June 27, 2000 or deny Development Agreement No. 12. CURRENT BUSINESS 29. BOARD AND COMMISSION SCHEDULED VACANCIES - CONFIRMATION OF NOMINEES. Action: Confirm the following nominations; appointments to be made on June 27, 2000: Board of Library Trustees (1 Vacancy - Jim Wood) [ 2 nominees] and Citv Arts Commission (2 Vacancies - Arlene Cartozian and Lyn Belasco) [ 4 nominees] , and Civil Service Board (2 Vacancies - Dayna Pettit and Clint Hoose, Jr.) [4 nominees - Police and Fire Association Nominees] (Note: City Charter requires 5 nominees, however there are only 4 applicants) Timothy Brown, Paula Godfrey, Sidney Stokes and Douglas Wood Planning Commission (1 Vacancy - Thomas Ashley) [2 nominees] and 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. ADJOURNMENT 7 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.