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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, August 14, Regular Council Meeting GARY ADAMS MAYOR TOD W. RIDGEWAY Mayor Pro Tem GARY L. PROCTOR Council Member NORMA J. GLOVER Council Member 2001 7:00 p.m. 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, 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 August 14, 2001 STUDY SESSION - 5:00 p.m. CLOSED SESSION - [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT (if anulicable) RECESS ................... A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. INVOCATION - Reverend Tim McCalmont, Presbyterian Church of the Covenant, Costa Mesa E. PRESENTATION Presentation of $142,000 Check from the Friends of the Library. Presentation regarding Summer Concerts in the Park - August 19th and September 9th. Presentation of Cultural Arts Grants - FY 2001 -02. F. NOTICE TO THE PUBLIC If you wish to address the Council, please (ill out the yellow sign -in cord 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 (I — 23) are considered by the Council to be routine and will all be enacted by one nnotion 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 none 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 ADJOURNED REGULAR AND REGULAR MEETING OF JULY 24, 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 ADOPTION 3. MODIFICATIONS TO CHAPTER 12.54 OF THE NBMC PERTAINING TO OCEANFRONT BOARDWALK SAFETY PROGRAM. Adopt Ordinance No. 2001 -16. RESOLUTIONS FOR ADOPTION 4. SPECIAL MUNICIPAL ELECTION - NOVEMBER 20, 2001: ADOPTION OF RESOLUTIONS CALLING THE ELECTION AND REQUESTING THE BOARD OF SUPERVISORS TO CONDUCT THE ELECTION [KOLL CENTER NEWPORT OFFICE SITE B — GPA 97- 3(B)]. a) Adopt Resolution No. 2001 - Calling and Giving Notice of a Special Municipal Election to be held on Tuesday, November 20, 2001, for the Submission of a Proposed Measure to the Qualified Voters; and b) adopt Resolution No. 2001- Requesting the Board of Supervisors of the County of Orange to Conduct the Special Municipal Election to be held on Tuesday, November 20, 2001. 5. APPLICATION FOR MEMBERSHIP IN THE ARROYO SECO LIBRARY NETWORK OF THE LIBRARY OF CALIFORNIA. Adopt Resolution No. 2001 -_ authorizing the Newport Beach Public Library to join the Arroyo Seco Library Network of the Library of California. 6. ADOPT RESOLUTION AUTHORIZING THE SALE OF BONDS FOR ASSESSMENT DISTRICT NO. 74 (ISLAND AVENUE FROM EDGEWATER AVENUE TO WEST BAY AVENUE AND WEST BAY AVENUE FROM ISLAND AVENUE TO 7TH STREET). 1) Approve the corrected ballot count (the vote count for Assessors parcel No. 048 - 071 -03 was shorted 3,313.59 votes against the district SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS which changes the percent of approval from 81.4 to 80.8 percent); 2) adopt Resolution No. 2001 - which sets forth the terms and conditions for the sale of bonds and approves the Purchase Agreement submitted by the designated underwriter for Assessment District No. 74; and 3) approve a budget amendment (BA -005) adjusting revenue estimates in Account No. 400 -6974 in the amount of $460,582 to reflect contributions from property owners and the sale of bonds and increase expenditure appropriations in the amount of $460,582 in Account No. 7401- C5200360 to reflect the net proceeds available to complete construction. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISES TO PACIFIC EARTHWORKS AND COUSYN GRADING AND DEMOLITION. 1) Adopt Resolution of Intention No. 2001 - to award a Non - exclusive Solid Waste Franchise to Pacific Earthworks and Cousyn Grading and Demolition and to set a public hearing for August 28, 2001; and 2) introduce Ordinance No. 2001 granting a Non - exclusive Solid Waste Franchise to Pacific Earthworks and Cousyn Grading and Demolition, and pass to second reading on August 28, 2001. 8. PROPERTY TAX EXCHANGE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH REGARDING THE NEWPORT COAST ANNEXATION AND BAY KNOLLS. Adopt Resolution No. 2001 -_ relating to a Property Tax Exchange Agreement with the County of Orange regarding the Newport Coast Annexation and Bay Knolls. 9. ADMISSION OF THE CITY OF ALISO VIEJO AS A MEMBER OF THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY (SJHTC). Adopt Resolution No. 2001 - admitting Abso Viejo to the SJHTC. 10. PROPOSED CHANGES TO RULES, PURPOSE AND RESPONSIBILITIES OF ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE. Adopt Resolution No. 2001 -_ amending Resolution No. 2001 -61 regarding the Rules, Purpose and Responsibilities of the Environmental Quality Affairs Committee, with staffs recommended changes. CONTRACTS AND AGREEMENTS 11. VIA LIDO RESURFACING PROJECT (C -3372) — 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 year after Council acceptance. 12. PARK PLAYGROUND REFURBISHMENT (C -3384) — 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 year after Council acceptance. 13. OCEAN PIER REHABILITATION — APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE (C- 3312). 1) Approve the plans and specifications; and 2) authorize staff to advertise for bids. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 14. BALBOA VILLAGE IMPROVEMENTS PHASE I — APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE (C- 3333). 1) Approve the plans and specifications; and 2) authorize advertisement for bids for Phase I of the Balboa Village Improvements. 15. BONITA CANYON SPORTS PARK — WEST PARK OPEN SPACE IRRIGATION AND LANDSCAPING (C- 3270). 1) Approve Change Order No. 23 to Castello, Inc. in the amount of $336,603.70 to add irrigation and landscaping to the West Park Open Space area of the Bonita Canyon Sports Park and authorize the Public Works Director to execute the change order; and 2) authorize an additional $95,000 to increase the construction contingency to 2% of the construction cost to provide for the cost of unforeseen work. 16. AGREEMENT WITH EIP ASSOCIATES FOR PREPARATION OF GENERAL PLAN UPDATE. Approve and authorize City Manager to execute agreement for Phase 1 (Visioning Process) for an amount not to exceed $33,035. 17. LEASE AGREEMENT FOR SHIPYARD/RETAIL STORE AT BALBOA YACHT BASIN (WITH BASIN MARINE, INC.). Authorize the Mayor to execute the proposed lease with Basin Marine, Inc. on behalf of the City of Newport Beach. 18. LEASE AGREEMENT FOR BALBOA YACHT BASIN OFFICE LEASE WITH HERITAGE YACHT SALES, INC. Authorize the Mayor to execute the proposed lease with Heritage Yacht Sales, Inc. on behalf of the City of Newport Beach. MISCELLANEOUS ACTIONS 19. UNSCHEDULED VACANCY ON THE BOARD OF LIBRARY TRUSTEES. Confirm the nomination of Karen Clark and Gregory Ruzicka to fill the unscheduled vacancy created as a result of the resignation of Julie Ryan and schedule the appointment to be made on August 28, 2001. 20. BUDGET AMENDMENT — GIFT FROM THE FRIENDS OF THE LIBRARY. Approve BA -004 in the amount of $142,000. 21. CITY OF NEWPORT BEACH ENDORSEMENT OF CAREER DIRECTIONS FOR STUDENTS, ORANGE COUNTY EDITION. Approve City of Newport Beach endorsement. 22. REQUEST FOR CO- SPONSORSHIP FOR THE 3RD ANNUAL 5K RUN/WALK FOR THE ARTS. Approve City co- sponsorship of the 3rd Annual Run/Walk for the Arts on October 13, 2001, including (1) support for City services, not to exceed $5,000; and (2) staff services of Wes Armand, City Manager's office, to assist the Volunteer Run Committee. 23. APPROVAL OF "TASTE OF NEWPORT" BANNERS. Conditionally approve the request of Newport Harbor Area Chamber of Commerce for the installation of 205 banners, from August 15, 2001 to September 18, 2001 along Jamboree Road, MacArthur Boulevard, Westcliff Drive, Newport Boulevard, and Newport Center Drive East/West. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. I. ITEMS REMOVED FROM THE CONSENT CALENDAR J. PUBLIC COMMENTS Public Cwnrneuts are inuited on rtwt- agenda iterns generally considered to be within the subject matter jurisdiction of the Council -- Speakers must lirnit cwnments to 3- rni7butes. Before speaking, please state your carne and address for the record. K. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES L. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 24. PLANNING COMMISSION AGENDA FOR AUGUST 9, 2001 [MEETING CANCELLED]. Action: Receive and file report. M. PUBLIC HEARINGS 25. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL, PUBLIC HEARING AND LEVYING OF ASSESSMENTS FOR 2001 -2002 FISCAL YEAR. Action: 1) Hold public hearing regarding the renewal of the Corona del Mar Business Improvement District; and 2) a) If protests represent less than 50 percent of the total assessment amount adopt Resolution No. 2001 -_ confirming the levying of assessments; OR b) If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the District. 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 26. REVIEW AND APPROVAL OF AMENDMENTS TO THE FY 2000 -2001 AND FY 2001 -2002 COMMUNITY DEVELOPMENT BLOCK GRANT ONE -YEAR ACTION PLANS; REVIEW AND APPROVAL OF A SECTION 108 LOAN APPLICATION; AND ADOPTION OF RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT THE APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). Action: 1) Receive public comments and recommendations on the Action Plan Amendments and the Draft 108 Loan Application; 2) Approve Action Plan Amendments and the 108 Loan Application; and 3) Adopt Resolution No. 2001 - authorizing submittal of the Section 108 Loan to HUD. N. CURRENT BUSINESS 27. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE — SEPTEMBER 12 - 15, 2001 IN SACRAMENTO. Action: Designate Conference and as the City's Voting Delegate for the as the Voting Alternate. 28. MARINER'S VILLAGE PUBLIC IMPROVEMENTS PLAN: PRESENTATION OF PROPOSED PROJECT AND RECOMMENDATION TO AUTHORIZE PROFESSIONAL DESIGN SERVICES. Action: 1) Approve Mariner's Village Public Improvements Plan in concept; 2) Approve agreement with Kirby & Company for design development to include landscape architecture, electrical engineering, lighting and irrigation; and 3) Direct staff to solicit proposals for civil engineering. 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. OU,_�__ AD RNMENT Ll SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.