HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, March 11, 2003
Regular Council Meeting - 7:00 p.m.
STEVEN BROMBERG
MAYOR
TOD W. RIDGEWAY GARY ADAMS
Mayor Pro Tem
GARY L. PROCTOR
Council Member
DON WEBB
Council Member
Council Member
RICHARD A. NICHOLS
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 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 72 hours prior to the meeting to inform us of your
particular needs and to determine if accommodation is feasible.
NEWPORT BEACH CITY COUNCIL AGENDA
COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD
March 11, 2003
STUDY SESSION — 4:00 p.m
CLOSED SESSION — [Refer to separate agenda from City Attorney]
RECESS
A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
B. ROLL CALL
C. CLOSED SESSION REPORT (if applicable)
D. PLEDGE OF ALLEGIANCE
E. INVOCATION —Reverend Lloyd Sellers, Hoag Memorial Hospital, Presbyterian
F. PRESENTATION
Presentation by the National Committee for Employer Support of the Guard and Reserve
(contd. from 2/25/03)
Proclamation for Newport Harbor Sailors Marching Regiment and Color Guard and Choirs
G. 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.
H. 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.
I. 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
FEBRUARY 25, 2003. 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.
RESOLUTION FOR ADOPTION
3. ESTABLISHMENT OF THE CITY COUNCIL ECONOMIC ADVISORY
COMMITTEE. Adopt Resolution No. 2003 -_ establishing the City Council
Economic Advisory Committee.
CONTRACTS AND AGREEMENTS
4. IRVINE AVENUE MEDIANS - C -3279 - 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 on -year after Council
acceptance.
5. BALBOA ISLAND BAYFRONT REPAIRS (2001- 2002), C -3458 - 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
on -year after Council acceptance.
6. APPROVAL OF AGREEMENT AND BONDS FOR PARCEL MAP NO. NP2002-
014 - 3100 & 3150 WEST COAST HIGHWAY. Approve an agreement and
accompanying security (Bonds) guaranteeing completion of public improvements on
Avon Street required as a condition of approval of Parcel Map No. NP2002 -014, and
authorize the Mayor and the City Clerk to execute the Agreement.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
7. LEGISLATIVE ADVOCACY CONTRACT - EMANUELS JONES &
ASSOCIATES. Authorize the City Manager to execute a Professional Services
Agreement with Emanuels Jones & Associates for legislative advocacy services for
the period of March 2003 through March 2006 in the amount of $3,605 per month.
8. LIFEGUARD VEHICLE SPONSORSHIP AGREEMENT. 1) Enter into an
agreement between the City, as a party to the Beaches of Southern California
Coalition, and the Chevrolet Motor Division of the General Motors Corporation for
sponsorship of lifeguard vehicles; and 2) approve a budget amendment (BA -049)
transferring $8,450 from unappropriated Internal Service Fund reserves to General
Service Account 6120 -9102 for the cost to transfer and install emergency equipment
onto the loan vehicles.
9. DONNA AND JOHN CREAN MARINERS BRANCH LIBRARY - AWARD OF
PROJECT MANAGEMENT SERVICES TO GRIFFIN STRUCTURES, INC.
(C- 3496). 1) Approve a Project Management Services Agreement with Griffin
Structures, Inc., of Laguna Beach, California, for a not -to- exceed price of $195,000
and authorize the Mayor and City Clerk to execute the agreement; and 2) approve a
budget amendment (BA -051) authorizing the appropriation of $195,000 from the
unappropriated balance of the General Fund to Account No. 7011- C5100661.
MISCELLANEOUS ACTION
10. BUDGET AMENDMENT TO APPROPRIATE FUNDS - BIKEWAYS AND
TRAILS. Approve a budget amendment (BA -048) appropriating $57,933 from
Bikeways and Trails Fund No. 292 to Account No. 7283- C5100543.
11. APPROPRIATION OF $50,000 FROM THE AFFORDABLE HOUSING IN
LIEU FUND TO CIP ACCOUNT #7014, C2700706 IN SUPPORT OF THE
LOWER BAYVIEW AFFORDABLE SENIOR HOUSING PROJECT. Approve a
budget amendment (BA -050) to appropriate $50,000 from the Affordable Housing
Mitigation Fund to Lower Bayview Affordable Senior Housing Project CIP.
12. CITY COUNCIL AWARD OF $15,000 GRANT TO THE DESIGNATED
DRIVERS ASSOCIATION OF ORANGE COUNTY. Approve a budget
amendment (BA -052) in the amount of $15,000 from unappropriated General Fund
Reserves, and move the $15,000 into account 010 -20- 0110 -8254.
13. REQUEST FOR BUDGET AMENDMENT TO COVER EXPENSES
ASSOCIATED WITH HIGH WORK DEMAND IN THE BUILDING
DEPARTMENT. Approve a budget amendment (BA -053) to appropriate $175,000
from unanticipated General Fund revenue to the Building Department's Professional
and Technical expenditure account #2930 -8080.
14. BONITA CREEK, GRANT HOWALD, CHANNEL PLACE, AND SAN MIGUEL
PARKS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR
DESIGN SERVICES FOR PLAYGROUND EQUIPMENT. 1) Approve the
Professional Services Agreement with Coast Recreation, Inc., for the design of Bonita
Creek Park, Grant Howald Park, and San Miguel Park for a total contract price of
$88,086, and authorize the Mayor and City Clerk to execute the Agreement;
2) approve the Professional Services Agreement with Pacific Design, Inc., for the
design of Channel Place Park for a total contract price of $22,921, and authorize the
Mayor and City Clerk to execute the Agreement; and 3) accept the Notice of
Exemptions as filed with the County of Orange.
3
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR,
EXCEPT FOR THOSE ITEMS REMOVED.
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
K. 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 for the record.
L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Status report - Ad Hoc General Plan Update Committee (GPUC)
Status report - Local Coastal Program Certification Committee
Status report - Newport Coast Advisory Committee
M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
15. PLANNING COMMISSION AGENDA FOR MARCH 6, 2003.
Action: 1) Receive oral report on the most recent Planning Commission
actions;
2) Council Member call-up of those items subject to call-up; and
3) Receive and file written report.
N. PUBLIC HEARING
:93
16. CODE AMENDMENT CA 2002 -007 - LANDMARK BUILDINGS (PA 2002 -218)
- AMENDMENT TO TITLE 20 OF THE NBMC TO DESIGNATE CERTAIN
TYPES OF BUILDINGS AS "LANDMARK BUILDINGS" AND MODIFY
RESTRICTIONS ON NONCONFORMING USES IN LANDMARK BUILDINGS
(contd. from 2/11/03).
Action: Continue to March 25, 2001
17. POTENTIAL REVISIONS TO CITY TREE ORDINANCES AND POLICIES
(contd. from 2/25/03).- 7:15 p.m
Action: Provide direction to staff regarding the establishment of a committee
and tree issues needing to be addressed.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
18. ANNEXATION OF AREA 7 (WEST SANTA ANA HEIGHTS, SANTA ANA
COUNTRY CLUB, AND SOUTH OF MESA) - LETTER TO ORANGE COUNTY
LOCAL AGENCY FORMATION COMMISSION (LAFCO), FISCAL IMPACT
AND RELATED ANALYSES (contd. from 2/25/03).
Action: Select either Alternative #1 or Alternative #2:
1) (A) Direct the City :Manager to proceed with City- County
discussions associated with the transfer of
redevelopment authority for Area 7 and East SAH
and report back to the Council on progress with the
County prior to making any application to OC LAFCO
regarding any annexation of this area; and
(B) Authorize the Mayor to send a letter to LAFCO
stating the City's interest in filing a Resolution of
Application to annex West Santa Ana Heights; the
Santa Ana Country Club; and /or the unincorporated
areas south of Mesa Drive assuming that the City can
also assume redevelopment responsibilities for the
area; and
(C) Direct the City Manager to work with stakeholders
like the City of Costa Mesa, the Santa Ana Heights
Project Area Committee (PAC), the JWA Airport
Director, and interested residents and businesses on
any annexation action.
OR
2) Authorize the Mayor to send a letter to the OC LAFCO
stating the City's intent not to pursue any annexations at this
time.
19. APPOINTMENTS BY THE CITY COUNCIL TO ENVIRONMENTAL QUALITY
AFFAIRS CITIZENS ADVISORY COMMITTEE, COASTAL/BAY WATER
QUALITY CITIZENS ADVISORY COMMITTEE AND THE AVIATION
COMMITTEE (contd. from 2/11/03).
Action: Confirm the appointments to the Environmental Quality Affairs
Citizens Advisory Committee, the Coastal/Bay Water Quality Citizens
Advisory Committee and the Aviation Committee, as announced by
each Council Member.
Environmental Qualitv Affairs Citizens Affairs Committee
(District 3) Council Member Webb's appointment of and
(at -large member).
(District 4) Council Member Adams' appointment of (regular
member).
(District 5) Mayor Bromberg's appointment of (regular member).
(District 6) Council :Member Nichols' appointment of and
(at -large member).
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
(District 7) Council Member Heffernan's appointment of _
(regular member).
CoastalBav Water Qualitv Citizens Affairs Committee
(District 3) Council ?Member Webb's appointment of
(District 6) Council ?Member Nichols' appointment of
Aviation Committee
(District 1) Mayor Pro Tern Ridgeway's appointment of
(alternate).
(District 2) Council Member Proctor's appointment of and
(alternate).
(District 3) Council Member Webb's appointment of and
(alternate).
(District 4) Council Member Adams' appointment of and
(alternate).
(District 6) Council ?Member Nichols' appointment of and
(alternate).
(District 7) Council Member Heffernan's appointment of
and
20. REFILLING OF VACANCIES ON THE GENERAL PLAN ADVISORY
COMMITTEE (GPAC).
Action: 1) Approve GPUC's recommendations to filling GPAC vacancies.
Choose two of the three individuals nominated for the two
vacancies in District 6. Choose someone to fill the vacant
position representing "Older Commercials Areas'; and
2) Consider adoption of an attendance policy.
21. MARINAPARK RESORT PROJECT - PROPOSED AMENDMENT TO
SUTHERLAND TALLA HOSPITALITY AGREEMENT
Action: Approve the amended agreement between the City and Sutherland
Talla Hospitality (STH).
P. 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 he made only by
one of the Council members who voted with the
prevailing side.
Q. ADJOURNMENT
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
NEWPORT BEACH CITY COUNCIL
SUPPLEMENTAL AGENDA - REGULAR MEETING
MARCH 11, 2003
CONSENT CALENDAR
S22. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL
REPORT FOR FISCAL YEAR 2002 -2003 AND ADOPTION OF RESOLUTION OF
INTENTION TO LEVY FOR FISCAL YEAR 2003 -2004. 1) Approve Balboa Village
Business Improvement District 2002 -2003 Annual Report; and 2) adopt Resolution of
Intention No. 2003 -_ and set the public hearing for March 25, 2003.