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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.