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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, June 12, 2001 Regular Council Meeting - 7:00 p.m. GARY ADAMS MAYOR TOD W. RIDGEWAY Mayor Pro Tern GARY L. PROCTOR Council Member NORMA J. GLOVER Council Member STEVEN BROMBERG 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 June 12, 2001 STUDY SESSION (Special Meeting) - 3:00 p.m. CLOSED SESSION - [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT (if annlicable) RECESS ................... A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. INVOCATION - Reverend Dr. William Flanagan of Saint Andrews Presbyterian Church. E. PRESENTATIONS Presentation to Supervisor Silva. Presentation of Tree City USA Award and Tree City USA Growth Award. F. NOTICE TO THE PUBLIC If you wish to address the Council, please fill out the yellow sign -in card and place it in the box at the podiunn. G. 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. H. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1— 19) 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 MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL AND REGULAR MEETING OF MAY 22, 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. ORDINANCE FOR INTRODUCTION 3. MODIFICATIONS TO CHAPTER 12.54, MOTORIZED SCOOTERS, OCEANFRONT BOARDWALK SAFETY PROGRAM. Introduce Ordinance No. 2001 -_ and pass to second reading on June 26, 2001. ORDINANCES FOR ADOPTION 4. MODIFICATIONS TO CHAPTER 10.28 OF THE NBMC — LOUD AND UNREASONABLE NOISE. Adopt Ordinance No. 2001 -4. 5. EMERGENCY ORDINANCE AMENDING TITLE 5 (BUSINESS LICENSES AND REGULATIONS OF THE NBMC) TO ENACT PROVISIONS FOR TEMPORARY EMERGENCY ELECTRICAL GENERATORS. Adopt Ordinance No. 2001 -_ (subject to five affirmative votes). RESOLUTIONS FOR ADOPTION 6. EXTENSION OF THE AD HOC HARBOR COMMITTEE. Adopt Resolution No. 2001 -_ extending the tenure of the Ad Hoc Harbor Committee. MEASURE M ELIGIBILITY RE- QUALIFICATION FOR FY 2000 -2001. 1) Adopt the Seven -Year Capital Improvement Program; 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; and 2) adopt Resolution No. 2001 -_ pertaining to the status of the City's Circulation Element and affirming /there has been no unilateral reduction in lanes on any Master Plan of Arterial Highways street during FY 2000 -01. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 8. FOURTH OF JULY STREET CLOSURE RESOLUTION. Adopt Resolution No. 2001 -_ authorizing the Police Department to temporarily close, or divert traffic from, portions of Seashore Drive, Balboa Boulevard, and Newport Boulevard during the Fourth of July holiday, to install temporary boundaries on Seashore Drive and to close certain parking lots. CONTRACTS AND AGREEMENTS 9. LEASE AGREEMENT FOR BALBOA YACHT BASIN WITH BASIN MARINE, INC. (contd. from 3/27/01, 4/10/01, 4/24/01, 5/8/01 & 5/22/01). Continue indefinitely. 10. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE MEDIAN IMPROVEMENTS WITHIN THE FORD ROAD RIGHT -OF -WAY ADJACENT TO TENTATIVE TRACT NO. 15332 (FORD ONE DEVELOPMENT). Approve the application subject to: 1) execution of an Encroachment Agreement for non - standard improvements: a) authorize the Mayor and the City Clerk to execute the Agreement; and b) authorize and direct the City Clerk to have the Agreement recorded with the Orange County Recorder; and 2) an Encroachment Permit issued by the Public Works Department. 11. PACIFIC COAST HIGHWAY SIDEWALK FROM CAMEO SHORES ROAD TO CITY LIMIT — AWARD OF CONTRACT (C- 3148). 1) Approve the plans and specifications; 2) authorize a budget amendment (BA -056) in the amount of $36,634 from the unappropriated Transportation and Circulation Fund Balance to Account No. 7261- 5100606; 3) award a contract (C -3148) to C.J. Construction, Inc. for the total bid price of $33,334 and authorize the Mayor and the City Clerk to execute the contract; and 4) establish an amount of $3,300 to cover the cost of unforeseen work. MISCELLANEOUS ACTIONS 12. STREET TREE MAINTENANCE. Approve a budget amendment (BA -054) in the amount of $29,500 to trim trees, root prune, and repair tree root damage along Clay Street. 13. CLASSIFICATION AND COMPENSATION STUDY FOR KEY AND MANAGEMENT POSITIONS. 1) Appropriate $75,000 from unallocated General Fund Revenue to Account #0410 -8080 (Professional and Technical Services); and 2) enter into a contract with the National Center for Educational Research and Technology (NCERT) for the development of a comprehensive classification and compensation plan for all Key and Management positions (60) for a contract price of $75,000. 14. BUDGET AMENDMENT TO TRANSFER $3,948 FROM THE BONITA CANYON APARTMENT OVERTIME ACCOUNT 010 -22366 TO THE BUILDING DEPARTMENT OVERTIME ACCOUNT 2920 -7040. Approve BA- 059. 15. BUDGET AMENDMENT FOR CALIFORNIA LAW ENFORCEMENT TECHNOLOGY EQUIPMENT PURCHASE PROGRAM. 1) Approve a budget amendment (BA -055) of $79,997 to be transferred from the General Fund SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. unappropriated reserve to the Police Department Budget Account 1820 -9015, to fund the purchase of equipment for the approved California Law Enforcement Technology Equipment Purchase (CLETEP) program grant; 2) approve the purchase of forty Personal Digital Assistants (PDA) and related accessories and software from Symbol Technologies, Inc. at $1,793.50 per unit for a total cost of $74,740 plus tax; and 3) approve the purchase of one Personal Computer Server from Dell Computer corporation for a total cost of $6,494 plus tax. 16. PROPOSED REORGANIZATION OF PUBLIC WORKS DEPARTMENT INTO TWO DEPARTMENTS — PUBLIC WORKS AND UTILITIES. Approve City Manager's recommendation to separate the Public Works Department into two separate departments, Public Works and Utilities, with the addition of no personnel, to become effective July 1, 2001. 17. GENERAL SERVICES DEPARTMENT REORGANIZATION PROPOSAL. Approve the reorganization of the Operations Support and the Field Maintenance Divisions of the General Services Department, effective immediately. 18. PURCHASE OF REPLACEMENT VEHICLE. Receive and file report (no action). 19. RESPONSE TO HUD STAFF COMMENTS ON FY 1999 -2000 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER). Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. I. ITEMS REMOVED FROM THE CONSENT CALENDAR J. 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 3- minutes. Before speaking, please state your name and address for the record. K. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. L. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 20. PLANNING COMMISSION AGENDA FOR JUNE 7, 2001. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. M. PUBLIC HEARINGS 21. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO OCEAN WASTE AND RECYCLING. Action: 1) Conduct public hearing; and 2) Adopt Ordinance No. 2001 -5 granting a Non - exclusive Solid Waste Franchise to Ocean Waste and Recycling. 22. FISCAL YEAR 2001 -02 PROPOSED BUDGET HEARING. Action: 1) Conduct public hearing; and 2) After taking public input, prepare a "checklist" of proposed changes to the proposed budget that will be reviewed by the City Council at the meeting of June 26, 2001 and direct the preparation of the Budget Resolution for adoption, including any "checklist" items that are approved at the Council meeting of June 26, 2001. 23. ADOPTION OF THE ANNUAL APPROPRIATION (GANN) LIMIT. Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 2001 -_ approving the City's Appropriation (Gann) Limit for the 2001 -02 fiscal year in the amount of $94,050,612. 24. SENIOR HOUSING IN THE GEIF DISTRICT (PA2001 -075) - AN AMENDMENT TO SECTION 20.25.020 (GEIF DISTRICT: LAND USE REGULATIONS) OF THE ZONING CODE TO ALLOW SENIOR CITIZEN HOUSING IN THE GOVERNMENT, EDUCATIONAL AND INSTITUTIONAL FACILITIES (GEIF) DISTRICT WITH A USE PERMIT. Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2001 - approving or modifying Code Amendment No. CA 2001 -001 and pass to second reading on June 26, 2001 or deny Code Amendment No. CA 2001 -001. 25. PROPOSED HARBOR AND BAY ELEMENT (PA2001 -050) - THE HARBOR AND BAY ELEMENT IS A NEW OPTIONAL ELEMENT OF THE GENERAL PLAN INTENDED TO ADDRESS USES OF THE WATER AND WATERFRONT PROPERTY IN NEWPORT BAY AND HARBOR. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 2001 - approving the Negative Declaration and adopting General Plan Amendment No. GPA 2000- 002(C). N. CONTINUED BUSINESS 26. USE PERMIT 3626 (BUZZ) REVOCATION — 3450 VIA OPORTO — AN APPEAL BY THE APPLICANT OF THE PLANNING COMMISSION'S REVOCATION OF USE PERMIT 3626. Action: 1) Rescind the City Council's action on February 13, 2001 referring the revocation back to the Planning Commission; and 2) Direct the Planning Director to designate a hearing date and a hearing officer to conduct the revocation appeal hearing and submit proposed findings and recommendations to the City Council for final action. O. 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. P. ADJOURNMENT ................... 0 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.