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HomeMy WebLinkAbout0 - AgendaNEWPORT BEACH CITY COUNCIL AGENDA Adjourned Regular Meeting Study Session - 4:00 p.m. July 10, 2001 ROLL CALL CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. (4:00 P.M.) 2. REVIEW OF GENERAL LIABILITY EXCESS INSURANCE AND PROPERTY INSURANCE RENEWALS. (4:15 P.M.) 3. NEWPORT HARBOR POLICY ISSUES. (4:30 P.M.) 4. CITY HALL SPACE OPTIONS. (5:15 P.M.) 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). ADJOURNMENT CITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, July 10, 2001 Regular Council Meeting - 7:00 p.m. GARY ADAMS MAYOR TOD W. RIDGEWAY STEVEN BROMBERG Mayor Pro Tern GARY L. PROCTOR Council Member NORMA J. GLOVER Council Member Council Member DENNIS D. O'NEIL Council Member JOHN HEFFERNAN Council Member HOMER BLUDAU - City Manager, ROBERT BURNHAM - City Attorney, LAVONNE HARKLESS - City Clerk, STEPHEN G. BADUM - 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 July 10, 2001 STUDY SESSION - 4:00 p.m. CLOSED SESSION - [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT (if applicable) RECESS ................... A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. INVOCATION - Reverend Cathleen Coots of Newport Center United Methodist Church. E. Presentation of Certificate of Merit from the Orange County Section of the American Planning Association, California Chapter, for the Balboa Sign Overlay project. 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 podium. G. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): 1 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— 16) 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 JUNE 26, 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. ORDINANCES FOR INTRODUCTION 3. NEWPORT COAST ANNEXATION AND DEVELOPMENT AGREEMENT (DA NO. 14). Introduce Ordinance No. 2001 - adopting Development Agreement No. 14 and pass to second reading on July 24, 2001. 4. MODIFICATIONS TO CHAPTER 2.12, PUBLIC WORKS DEPARTMENT, AND CHAPTER 2.32, DUTIES OF CITY TRAFFIC ENGINEER. Introduce Ordinance No. 2001 -_ and Ordinance No. 2001 -_ and pass to second reading on July 24, 2001. ORDINANCES FOR ADOPTION 5. MODIFICATIONS TO SECTION 7.04.050 OF THE NBMC - PROHIBITION OF DOGS IN CARROLL BEEK PARK. Adopt Ordinance No. 2001 -9 amending Section 7.04.050. 6. ORDINANCE AMENDING CERTAIN PROVISIONS OF CHAPTER 12.54 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE OPERATION OF SCOOTERS ON THE OCEANFRONT BOARDWALK. Adopt Ordinance No. 2001 -10 amending Chapter 12.54. KOLL OFFICE SITE B: GENERAL PLAN AMENDMENT (GPA) NO. 97 -3(B), ZONING AMENDMENT NO. 905, TRAFFIC STUDY NO. 119, DEVELOPMENT AGREEMENT NO. 16, AND ENVIRONMENTAL IMPACT REPORT (EIR) NO. 158. 1) Adopt Ordinance No. 2001 -11 approving the Development Agreement; and 2) adopt Ordinance No. 2001 -12 approving the Zoning Amendment. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. RESOLUTIONS FOR ADOPTION 8. MODIFICATIONS TO CITY CLERKS EMPLOYMENT AGREEMENT (C- 3080). 1) Adopt Resolution No. 2001 - adjusting the terms and conditions of the Employment Agreement with the City Clerk; 2) direct staff to prepare an amended Employment Agreement to include the proposed work schedule change, as well as previously approved changes, in order to accurately reflect the terms and conditions of Harkless' employment as City Clerk; and 3) authorize the Mayor to execute the updated Employment Agreement with the City Clerk. CONTRACTS AND AGREEMENTS 9. CORONA HIGHLANDS WATER MAIN REPLACEMENT, STREET REHABILITATION AND STORM DRAIN IMPROVEMENTS — AWARD OF CONTRACT (C- 3345). 1) Approve the plans and specifications; 2) award a contract (C -3345) to Majich Bros. Inc. of Altadena for the total bid price of $1,475,700 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $145,000 to cover the cost of testing and unforeseen work; 4) authorize a budget amendment (BA -001) transferring $53,539 from Account No. 7281- C5100586 to Account No. 7281- C5100595 and transferring $81,911 from Account No. 7181 - 05100537 to Account No. 7181- C5100595 (Corona Highlands Street Improvements); and 5) authorize a budget amendment (BA -001) appropriating $166,800 to Contributions Account No. 7251- C5100595 and increase revenue estimates by $166,800 into Account No. 250 -5901 to reflect the property owner's contributions for the driveway improvements. 10. NEWPORT DUNES STORM WATER DIVERSION (C -3297) — 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 one (1) year after Council acceptance. 11. APPROVAL OF AMENDMENT NO. 1 TO THE NEWPORT BACKBAY SLOPE STABILIZATION COST SHARING AGREEMENT WITH THE COUNTY OF ORANGE. Approve Amendment No. 1 to the Newport Backbay Slope Stabilization Cost Sharing Agreement DOO -107 between the City and the County of Orange. 12. IRVINE TERRACE STREETLIGHT REPLACEMENT PROGRAM (C -3298) — 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 one (1) year after Council acceptance. 13. APPROVAL OF A COOPERATION AND REIMBURSEMENT AGREEMENT BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE CITY OF NEWPORT BEACH. 1) Approve the project plans for the Back Bay Drive Road Reconstruction between Jamboree Road and Shellmaker Road; 2) approve a Cooperation and Reimbursement Agreement between Orange County Sanitation District (OCSD) and the City of Newport Beach ($122,162.25 City's share) for the reconstruction of Back Bay Drive between Jamboree Road and Shellmaker Road as part of OCSD's Backbay Trunk Sewer Project and authorize the Mayor and the City SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Clerk to execute the agreement; and 3) establish an amount of $10,000 to cover the cost of unforeseen work. MISCELLANEOUS ACTIONS 14. GENERAL LIABILITY EXCESS INSURANCE RENEWAL. Approve the renewal of the excess general liability insurance coverage with Royal Indemnity for FY 2001- 02 for $331,000 in annual premium. 15. PROPERTY INSURANCE RENEWAL. Approve the renewal of the entire property insurance coverage outlined in Attachment A of the staff report for FY 2001- 02 for a total premium of $394,795. 16. RESPONSE TO THE ORANGE COUNTY GRAND JURY REPORT ENTITLED "SEWAGE SPILLS, BEACH CLOSURES - TROUBLE IN PARADISE ?" 1) Approve the response from the City of Newport Beach to the Orange County Grand Jury's April 25, 2001 report entitled "Sewage Spills, Beach Closures - Trouble in Paradise ? " - and 2) direct Assistant City Manager Kiff to return within 120 days with a report and recommendations on how to better protect the sewer system and the Bay from grease blockages resulting from all commercial kitchen operations in the city. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR J. PUBLIC COMMENTS Public COmmeuts are invited OIL 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 17. PLANNING COMMISSION AGENDA FOR JULY 5, 2001 [MEETING CANCELLED]. Action: Receive and file report. M. PUBLIC HEARINGS 0 18. UNDERGROUNDING UTILITIES IN PROPOSED ASSESSMENT DISTRICT NO. 74 (ISLAND AVENUE FROM EDGEWATER AVENUE TO BAY AVENUE AND WEST BAY AVENUE FROM ISLAND AVENUE TO 7TH STREET ON THE BALBOA PENINSULA). Action: 1) Open public hearing on the formation of Assessment District No. 74; 2) Hear testimony from those who desire to speak; 3) Close the public hearing; 4) Count ballots; 5) If more "yes" votes are submitted than "no" votes have been submitted, and if it is desired to form the district, take the following actions: a. Adopt Resolution No. 2001 - approving contracts for ownership of utility improvements; and b. Adopt Resolution No. 2001 -_ declaring the results of the ballot tabulations, confirming the assessment, ordering the acquisition of improvements, and approving the Assessment Engineer's Report for Assessment District No. 74. 6) If more "no" votes submitted than "yes" votes, of if desired, abandon the proceedings. 19. APPOINTMENTS TO BOARDS AND COMMISSIONS. Action: Make appointments from the following nominees to the Boards and Commissions listed below. Listed incumbents are eligible for reappointment. Board of Library Trustees (1 vacancy - Vote for one) Karen Clark Harry Hamilton City Arts Commission (3 vacancies - Vote for three) David Colley Lila Crespin (incumbent) Leslie Feibleman Jeffrey Gould Kathy Harrison (incumbent) Pamela Nestande SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 19 Parks. Beaches & Recreation Commission (2 vacancies - Vote for two) Roy Englebrecht Greg Ruzicka Val Skoro (incumbent) Betty Tesman Planning Commission (2 vacancies —Vote for two) Jeffrey Cole Mike Kranzley (incumbent) Steven Rosansky Ed Selich (incumbent) 20. RECOMMENDATIONS FROM AD HOC COMMITTEE TO REVIEW EDC AND EQAC (contd. from 6/26/01). Action: Adopt Resolution No. 2001- amending Resolution No. 2000 -90 regarding the Environmental Quality Affairs Citizens Advisory Committee (EQAC). 21. CIOSA SPECIAL IMPROVEMENT DISTRICT DEBT REFUNDING. Action: Approve the refunding of the CIOSA Special Improvement District No. 95 -1 Series A and B Special Tax Bonds and approve the following: Authorizing Resolution No. 2001 -, Bond Indenture, Escrow Agreement, Continuing Disclosure Agreement, Preliminary Official Statement, Purchase Agreement, and various contracts for services with Bond Counsel, Underwriter, Financial Advisor /Investment Advisor, Trustee, Verification Agent, and District Administrator. 22. BATTERY BACK -UP FOR TRAFFIC SIGNALS. Action: 1) Direct staff to solicit bids for the installation of battery back- up systems for traffic signals at key intersections; and 2) Select the intersection groups to receive battery back -up systems as shown on Exhibits A and B of the staff report. P. MOTION FOR RECONSIDERATION A motion to recmasider the cote ma any action taken by the City Council at either this meeting or the preuious meeting may be made only by one of the Council members who uoted with the preuailing side. Q. ADJOURNMENT ................... SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.