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):
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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.
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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.