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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, December 12, 2000 Regular Council Meeting - 7:00 p.m. JOHN E. NOYES MAYOR GAROLD B. ADAMS NORMA J. GLOVER Mayor Pro Tem Council Member TOD W. RIDGEWAY DENNIS D. O'NEIL Council Member Council Member JAN DEBAY TOM W. THOMSON Council Member 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 December 12, 2000 STUDY SESSION — Cancelled CLOSED SESSION — [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED - Council Approval of Memorandum of Understanding with Police Employees Association. RECESS RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Pledge of Allegiance. Invocation by Allan Beek. Presentation to County Supervisor Tom Wilson in appreciation for his leadership in starting the process to extend the John Wayne Settlement Agreement. Presentation by Chamber of Commerce of Proceeds from Taste of Newport. Proclamation commending Mr. Masao Kato of Okazaki, Japan for his work in strengthening the bonds of partnership between our cities. Presentation of gifts to outgoing Mayor Noyes and Council Member Debay and Thomson by Mayor Pro Tem Adams. Presentations by other community leaders and public officials. Remarks by outgoing Mayor John Noyes and Council Members Jan Debay and Tom Thomson. REORGANIZATION 1. CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS, SWEARING IN OF NEW COUNCIL MEMBERS AND ELECTION OF MAYOR AND MAYOR PRO TEM. Action: 1. Resolution No. 2000 -_ declaring the results of the General Municipal Election held on November 7, 2000, presented for adoption. 2. The City Clerk calls the newly elected Council Members forward, administers the Oath of Office prescribed in the State Constitution to the elected candidates, and delivers to each a Certificate of Election. 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. 3. The newly elected Council Members are seated at the Council table. 4. The City Clerk presides for the ELECTION OF THE MAYOR. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: Conduct oral nominations for Mayor and conduct election by roll call vote. 5. New Mayor announced by the City Clerk. 6. Mayor takes proper place at Council table. 7. The Mayor presides for the ELECTION OF THE MAYOR PRO TEMPORE. The Mayor, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: Conduct oral nominations for Mayor Pro Tem and conduct election by roll call vote. S. New Mayor Pro Tem announced by the City Clerk. 9. Mayor Pro Tem takes proper place at Council table. 10. Council decides on seating arrangement of council table. (Senior Members having first preference) 11. New Mayor's comments. 12. Comments from newly elected Council Members. 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): SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (2 — 25) 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 2. MINUTES OF THE REGULAR MEETING OF NOVEMBER 28, 2000. Waive reading of subject minutes, approve as written and order filed. 3. 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 4. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2001 UNDER THE CITY S CONFLICT OF INTEREST CODE. Adopt Resolution No. 2000 - adopting the 2001 Designated Employees List. 5. MODIFICATION TO CITY MANAGER'S CONTRACT. Approve the amendment to the City Manager's contract by adoption of Resolution No. 2000 - adjusting the compensation paid to the City Manager. 6. ADOPT RESOLUTION IN SUPPORT OF EXTENDING STATE ROUTE 57 (SR57) TO INTERSTATE 405 (I -405). Adopt Resolution No. 2000 - in support of State Route 57 Extension Project. 7. GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS' PUBLIC BEACH RESTORATION PROGRAM. Adopt Resolution No. 2000 -_ approving the submittal of an application to the California Department of Boating and Waterways for a Beach Restoration Grant, totaling $400,000. 8. AD HOC GENERAL PLAN UPDATE COMMITTEE. Adopt Resolution No. 2000 -_, adding a member to the Ad Hoc General Plan Update Committee, to be selected by the signatorlproponents to the Notice of Intent to Circulate Petition for the Protection from Traffic and Density Initiative (Greenlight), and rescinding Resolution No. 2000 -45. 9. CITY COUNCIL FINANCE COMMITTEE. Adopt Resolution No. 2000 -_, which would re- establish the Finance Committee. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 10. ADOPT RESOLUTIONS REGARDING THE UNDERGROUNDING OF UTILITIES AND THE CONSTRUCTION OF STREET IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 79 (BEACON BAY). 1) Adopt Resolution No. 2000 -_ making findings on a petition for, adopting a map showing the proposed boundaries of, and making appointments for Assessment District No. 79; 2) adopt Resolution No. 2000 - declaring intention to order the construction of certain improvements in proposed Assessment District No. 79, declaring the improvements to be of special benefit, describing the district to be assessed to pay the costs and expenses thereof, and providing for the issuance of bonds; 3) adopt Resolution No. 2000 - giving preliminary approval to the report of the Assessment Engineer, setting a time and place for a public hearing and ordering the intention of assessment ballot procedure for Assessment District No. 79 on February 27, 2001; and 4) approve the Special Counsel Agreement with the firm of Robert Hessell, Attorney at Law. CONTRACTS AND AGREEMENTS 11. ONE -YEAR LEASE EXTENSION - GIRL SCOUT HOUSE (1700 WEST BALBOA). Authorize the Mayor to enter into the 2W Amendment to a 1987 Lease Agreement with the Girl Scout Council of Orange County that extends the Girl Scouts' tenancy at the Girl Scout Hut (1700 West Balboa) to March 15, 2002. 12. CONTRACT APPROVAL - VIRAL TESTING IN STORM DRAINS AND TRIBUTARIES TO NEWPORT BAY (PHASE II). Authorize the City Manager to execute a contract with the Southern California Coastal Water Research Project (SCCWRP) for human enteric virus testing (Phase II) in storm drains and tributaries to Newport Bay. 13. PROFESSIONAL SERVICES CONTRACTS FOR FEDERAL PROGRAM SUPPORT OF WATER RESOURCE PROJECTS. 1) Authorize the retention of Ball Janik LLP to provide legislative advocacy support services to obtain Federal funding for Water Resources Projects for Fiscal Year 2000 -2001 for a fee not to exceed $30,000; and 2) authorize the retention of Bucknam & Associates to provide program management support services for the water resources projects for Fiscal Year 2000 -2001 for a fee not to exceed $8,500 (the firm's principal was a City employee for 10 years prior to 1979). 14. BALBOA BOULEVARD REHABILITATION FROM MEDINA WAY TO ADAMS STREET - AWARD OF CONTRACT (C- 3322). 1) Approve the plans and specifications; 2) accept the withdrawal of the low bid from Gillespie Construction, Inc., because of a computer error; 3) award the contract (C -3322) to the second low bidder, All American Asphalt, Inc. for the total bid price of $1,076,395.50 and authorize the Mayor and the City Clerk to execute the contract; and 4) establish an amount of $107,000 to cover the cost of testing and unforeseen work. 15. JAMBOREE ROAD ZONE III WATER MAIN REPLACEMENT, CAMELBACK STREET TO UNIVERSITY DRIVE - AWARD OF CONTRACT (C- 3360). 1) Approve the plans and specifications; 2) accept the withdrawal of the low bid from Universal Pipeline, Inc. because of a mathematical error; 3) award the contract (C -3360) to the second low bidder, A.D. General Engineering, with a bid of $267,311 and authorize the Mayor and the City Clerk to execute the contract; and 4) establish an amount of $25,000 to cover the cost of unforeseen work. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 16. APPROVAL OF LIBRARY'S DATABASE TECHNOLOGY UPGRADE. Approve the database and technology upgrade of the library's automation system with epixtech at a cost of $106,010. 17. ACCEPTANCE OF LAW ENFORCEMENT GRANTS. 1) Approve and authorize the City Manager to sign the necessary agreements to accept the following Law Enforcement Grants: a. COPS MORE 2000 Grant in the amount of $159,260 to fund civilian positions; b. Office of Traffic Safety Targeted Collision Reduction Program Grant in the amount of $175,710 to fund a DUI Enforcement Team and related equipment; c) California Law Enforcement Equipment Program Grant in the amount of $126,133 to purchase law enforcement technology equipment; d) Local Law Enforcement Block Grant — Crime Prevention Program renewal in the amount of $53,599; and 2) authorize the Administrative Services Department to make the necessary budget amendment (BA -021) for the corresponding appropriations. 18. PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM AVERY & ASSOCIATES. Approve agreement for January 1, 2001 through December 31, 2002 for $4,750 per month. MISCELLANEOUS ACTIONS 19. PLANNING COMMISSION AGENDA FOR DECEMBER 7, 2000. Receive and file. 20. BUDGET AMENDMENT (BA -020) IN THE AMOUNT OF $43,834 TO INCREASE REVENUE ESTIMATES AND EXPENDITURE APPROPRIATIONS DUE TO THE RECEIPT OF A FEDERAL LIBRARY SERVICES AND TECHNOLOGY ACT GRANT. Approve BA -020. 21, ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE ATTENDANCE REPORT. Receive and file. 22. PURCHASE APPROVAL OF 800 MHz MOBILE DATA COMPUTERS FOR FIRE APPARATUS. Authorize the expenditure of $210,000 of Capital Improvement Program funds for the purchase of twenty -two (22) Motorola MW520 Mobile Data Computers and software applications through the standing Orange County 800 MHz Motorola Radio Contract (Contract #SOOOD015.95) and the purchase of mapping software and services from GeoSpatial Technologies. 23. FINAL TRACT MAP NO. 15829 - 900 SEA LANE - A REQUEST TO SUBDIVIDE AN EXISTING LOT CONTAINING 7.5 ACRES OF LAND INTO A SINGLE PARCEL OF LAND IN CONJUNCTION WITH THE DEVELOPMENT OF A 90 UNIT ATTACHED AND DETACHED RESIDENTIAL CONDOMINIUM PROJECT ON PROPERTY LOCATED IN THE MFR (MULTI- FAMILY RESIDENTIAL) DISTRICT. Approve Final Tract Map 15829. 24. AGREEMENT WITH CITY LIGHTS DESIGN ALLIANCE TO DEVELOP A PUBLIC IMPROVEMENT PLAN FOR MARINER'S MILE. Approve and authorize Mayor to execute agreement. 25. AMENDMENT TO EXTERIOR DESIGN REQUIREMENTS OF BALBOA THEATER LEASE. Approve amendment to the lease. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Public Comments are iuuited ou 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. PUBLIC HEARINGS 26. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT ANNUAL RENEWAL FOR 2001 FISCAL YEAR. Action: 1) Conduct public hearing; and 2) a) If protests represent less than 50 percent of the total assessment amount, adopt Ordinance No. 2000 -23 to modify the Assessment District boundaries, to rename the Assessment District, and confirm Intention to Levy OR b) If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the District. 27. NEWPORT BEACH RESTAURANT BUSINESS IMPROVEMENT DISTRICT RENEWAL, PUBLIC HEARING AND LEVYING OF ASSESSMENT FOR 2001 FISCAL YEAR. Action: 1) Conduct public hearing; and 2) a) If protests represent less than 50 percent of the total assessment amount, adopt the Resolution of Confirmation OR b) If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the District. 28. USE PERMIT 3626 (BUZZ) REVOCATION APPEAL (ERIC RAMESON AND HOSPITALITY MANAGEMENT GROUP, APPLICANT /APPELLANT) - 3450 VIA OPORTO - AN APPEAL BY THE APPLICANT OF THE PLANNING COMMISSION'S REVOCATION OF USE PERMIT 3626. Action: Continue to January 23, 2001. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 29. FLUTER MUMD USE PROJECT (STERNS ARCHITECTURE) - 2410 NEWPORT BOULEVARD - A REQUEST TO CONSTRUCT A MD[ED USE BUILDING WITH 1,500 SQUARE FEET OF COMMERCIAL SPACE AND 2 RESIDENTIAL UNITS - SITE PLAN REVIEW NO. 79, USE PERMIT NO. 3685 AND VARIANCE NO. 1239. Action: 1) Conduct public hearing; 2) Uphold the decision of the Planning Commission to deny Site Plan Review No. 79, Use Permit No. 3685 and Variance No. 1239 OR 3) Reverse the decision of the Planning Commission and approve Site Plan Review No. 79, Use Permit No. 3685, and Variance No. 1239. 30. GREENLIGHT GUIDELINES WORKING GROUP. Action: Continued discussion of Greenlight guidelines and composition of working group. CURRENT BUSINESS 31. UNSCHEDULED VACANCY ON THE CIVIL SERVICE BOARD AND APPOINTMENT BY MAYOR OF AN AD -HOC APPOINTMENTS COMMITTEE. Action: 1) Accept the resignation of Steve Bromberg from the Civil Service Board effective December 12, 2000 (term expires 6/30/01); 2) Approve the extension of the term to June 30, 2005 (one full four -year term plus the remaining balance of the unexpired term); 3) Direct the City Clerk to advertise the vacancy pursuant to Council Policy A -2; and 4) Appoint and to serve on the Ad Hoc Appointments Committee. 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA - REGULAR MEETING DECEMBER 12, 2000 CONSENT CALENDAR S32. COUNCIL AD HOC COMMITTEES. Action: Modify the duties of the Airport Issues Committee; establish the JWA Settlement Agreement Extension Ad Hoc Advisory Committee; and schedule appointments by the Mayor to be made for both committees at the City Council meeting of January 9, 2001.