HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, January 23, 2001
Regular Council Meeting - 7:00 p.m.
GARY ADAMS
MAYOR
TOD W. RIDGEWAY STEVEN BROMBERG
Mayor Pro Tern Council Member
GARY L. PROCTOR
Council Member
NORMA J. GLOVER
Council Member
DENNIS D. O'NEIL
Council Member
JOHN HEFFERNAN
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
January 23, 2001
STUDY SESSION — 3:00 p.m.
CLOSED SESSION — [Refer to separate agenda from City Attorney]
CLOSED SESSION REPORT PRESENTED
RECESS
RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
Pledge of Allegiance.
Invocation by Reverend Lloyd H. Sellers, Chaplain, Hoag Memorial Hospital
Presbyterian.
Recognition of the coordinators of the City's United Way Campaign.
Proclamation recognizing and commending the Newport Harbor Nautical Museum for its
continuing success in providing quality nautical oriented information and education to
its neighbors.
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 (1— 14) 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 9, 2001. 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. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO CST
ENVIRONMENTAL, INC. (contd. from 1/9/01). Adopt Resolution of Intention
No. 2001 - to award a Non - exclusive Solid Waste Franchise to CST Environmental, and to
schedule a public hearing on February 13, 2001; and introduce Ordinance No. 2001 -
granting a Non - exclusive Solid Waste Franchise to CST Environmental, Inc. and pass to
second reading on February 13, 2001.
4. PROPOSITION 13 GRANT FOR BUCK GULLY. Adopt Resolution No. 2001 -_
authorizing City staff to apply for a grant from the Safe Drinking Water, Clean Water,
Watershed Protection, and Flood Prevention Bond Act (Proposition 13, March 7, 2000) to
make water quality and habitat improvements in the Buck Gully.
CONTRACTS AND AGREEMENTS
5. LOT 27 AND A PORTION OF HAMPDEN ROAD OF TRACT NO. 3357, AS SHOWN
ON A MAP FILED IN BOOK 107, PAGES 1 THROUGH 7, INCLUSIVE, OF
MISCELLANEOUS MAPS TOGETHER WITH A PORTION OF BLOCK 35 OF
IRVINE'S SUBDIVISION, AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 88 OF
MISCELLANEOUS MAPS, BOTH RECORDS OF ORANGE COUNTY, CALIFORNIA.
1) Approve the improvement plans and specifications and accept the public improvements
constructed in conjunction with Resubdivision No. 1010; and 2) authorize the City Clerk to
release the faithful performance and labor and material surety (Union Bank Certificate of
Deposit No. 27993).
6. UNDERGROUNDING OF UTILITIES IN BALBOA VILLAGE (PROPOSED
UNDERGROUND ASSESSMENT DISTRICT NO. 75). Authorize a budget amendment
(BA -024) to appropriate $6,800 from the unappropriated General Fund balance and transfer
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
$48,000 from Account No. 7401- C5110514 to proposed Assessment District No. 75, Account
No. 7401- C5200603; and authorize the City Manager to execute a Professional Services
Agreement with GFB Friedrich & Associates in the amount not to exceed $25,425 for
assessment engineering services.
CORPORATION YARD BUILDING "O" - CONTRACT NO. 3376. 1) Reject the bid from
Lacy Construction; and 2) direct staff to modify the plans and specifications as needed and
re- advertise the project for bid.
8. PARK PLAYGROUND REFURBISHMENT - AWARD OF CONTRACT NO. 3384.
1) Approve the plans and specifications; 2) find that the apparent low bid of Micon
Construction is non - responsive and reject their bid without prejudice; 3) award Contract
No. 3384 to Green Giant Landscape for the Total Bid Price of $157,202.00, and authorize the
Mayor and the City Clerk to execute the contract; and 4) establish and amount of $8,000 to
cover the cost of unforeseen work.
9. DIGITAL ORTHOPHOTOGRAPHY SERVICES - APPROVAL OF PROFESSIONAL
SERVICES AGREEMENT WITH MERRICK & COMPANY. 1) Approve a Professional
Services Agreement with Merrick & Company of Aurora, Colorado, for digital
orthophotography services at a contract price of $125,117 and authorize the Mayor and City
Clerk to execute the Agreement; and 2) establish an amount of $12,511 to cover the cost of
unforeseen work.
MISCELLANEOUS ACTIONS
10. PLANNING COMMISSION AGENDA FOR JANUARY 18, 2001. Receive and file.
11. BUDGET AMENDMENT (BA -025) TO APPROPRIATE A DONATION ($10,001) FROM
THE CALIFORNIA LITERACY CAMPAIGN AND TO TRANSFER $13,605 FROM
THE LIBRARY LIABILITY ACCOUNT 800 -2248. Approve BA -025.
12. REPORT FROM CITY ATTORNEY'S OFFICE REGARDING SURREY CYCLES.
Receive and file.
13. COASTKEEPER'S GIANT KELP REFORESTATION PROGRAM. Receive and file
report and presentation from Orange County CoastKeeper regarding CoastKeeper's Giant
Kelp Reforestation Program.
14. FINANCING OF MARINER'S MILE PUBLIC IMPROVEMENT PLAN. Continue
indefinitely.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT
FOR THOSE ITEMS REMOVED.
ITEMS REMOVED FROM THE CONSENT CALENDAR
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
PUBLIC COMMENTS Public Comme7tts are invited on non - agenda items generally
considered to be within the subject matter jurisdiction of the Council --
Speakers must limit comments to 3- mi7tutes. Before speaki7t9, please
state your name a7td address for the record.
PUBLIC HEARINGS
15. 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 ( contd. from 12/12/00).
Action: Continue to February 13, 2001.
16. PLANNING DIRECTOR'S USE PERMIT NO. 69, ACCESSORY OUTDOOR DINING
PERMIT NO. 76 - EXPANSION OF AN EXISTING FULL SERVICE SMALL SCALE
EATING AND DRINKING ESTABLISHMENT INTO A NEIGHBORING TENANT
SPACE, INCREASING THE INTERIOR SEATING FROM 12 SEATS TO 21 SEATS,
INCREASING THE EXTERIOR SEATING FROM 8 TO 12 SEATS AND PROVIDING
SEPARATE GENDER RESTROOMS [2801 EAST COAST HIGHWAY] (contd. from
1/9/01).
Action: Conduct continued public hearing; and
1) Deny the appeal and uphold the decision of the Planning Commission
to approve the project;
OR
2) Approve, modify or deny the project.
17. APPOINTMENTS BY THE MAYOR TO THE COUNCIL /CITIZENS AD HOC
COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS
ADVISORY COMMITTEES (contd. from 1/9/01).
Action: Confirm appointments as recommended and announced by the Mayor:
I. COUNCIL /CITIZENS AD HOC COMMITTEES
A. Aviation Committee
Vice Chair (either Council Member or resident)
B. Ad Hoc Telecommunications Committee
1. Community Member
2. Community Member
3. Community Member
H. REPRESENTATIVES TO JOINT GOVERNMENTAL COMMITTEES
A. Orange County Vector Control District Board of Trustees
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
IV.
Council Member
A. Harbor Quality
Vice Chair (either Council Member or resident)
is. JIFFY LUBE SIGN PROGRAM - 1520 WEST COAST HIGHWAY (CHRISTIAN
FANTICOLA, APPLICANT) (contd. from 1/9/01).
Action: 1) Approve the sign program;
OR
2) Modify the sign program by reducing the size of the proposed signs.
CURRENT BUSINESS
19. MARGUERITE AVENUE - SANDCASTLE DRIVE INTERSECTION.
Action: 1) Direct staff to revise the striping on Marguerite Avenue between
Harbor View Drive and Fifth Avenue back to its previous design (two
lanes in each direction and separate left -turn lanes); and
2) Deny the request to install STOP signs on Marguerite Avenue at
Sandcastle Drive.
20. APPOINTMENTS BY THE CITY COUNCIL TO THE CITIZENS ADVISORY
COMMITTEES, THE AVIATION COMMITTEE AND THE MAYOR'S
APPOINTMENTS TO THE HARBOR COMMITTEE.
Action: If desired, confirm the following nominations:
Environmental_Quality Affairs Citizens Affairs Committee
(District 1)
Mayor Pro Tem Ridgeway's appointment of _
(District 2)
Council Member Proctor's appointment of _
(District 3)
Council Member Glover's appointment of
(District 4)
Mayor Adams' appointment of
(District 5)
Council Member Bromberg's appointment of
(District 6)
Council Member O'Neil's appointment of
(District 7)
Council Member Heffernan's appointment of
Harbor Qualitv
Citizens Affairs Committee
(District 1) Mayor Pro Tem Ridgeway's appointment of
5
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
(District 2)
Council Member Proctor's appointment of
(District 3)
Council Member Glover's appointment of
(District 4)
Mayor Adams' appointment of
(District 5)
Council Member Bromberg's appointment of
(District 6)
Council Member O'Neil's appointment of
(District 7)
Council Member Heffernan's appointment of
Vice Chair
Harbor Committee
(appointed by Mayor).
Mayor Adam's appointment (re- appointment) of thirteen (13) members.
Aviation Committee
(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 Glover's appointment of and
(at -large member).
(District 4) Mayor Adams' appointment of and
(alternate).
(District 5) Council Member Bromberg's appointment of and
(alternate).
(District 6) Council Member O'Neil's appointment of and
(alternate).
(District 7) Council Member Heffernan's appointment of and
(alternate).
Vice Chair (appointed by Mayor)
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
JANUARY 23, 2001
CONSENT CALENDAR
S21. AIRPORT ISSUES COMMITTEE REVISION OF DUTIES.
Action: Approve recommended revision of duties for the Airport Issues Committee.