HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, July 8, 2003
Regular Council Meeting - 7:00 p.m.
STEVEN BROMBERG
MAYOR
TOD W. RIDGEWAY
Mayor Pro Tern
GARY L. PROCTOR
Council Member
DON WEBB
Council Member
GARY ADAMS
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
July 8, 2003
— Cancelled
CLOSED SESSION — [Refer to separate agenda from City Attorney]
RECESS
NEWPORT BEACH PUBLIC FACILITIES AUTHORITY MEETING — 7:00 pan. [Refer to
separate agenda and staff report]
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 Praveen Bunyan, St. James Episcopal Church
F. PRESENTATIONS
Proclamation for 50th Anniversary of the Boy Scout Jamboree
United Way Presentation of City of the Year Award.
G. NOTICE TO THE PUBLIC If you wish to address the Council, please /'ill 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 (I — 9) 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 front 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 ADJOURNED REGULAR AND REGULAR MEETING OF
JUNE 24, 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.
ORDINANCE FOR INTRODUCTION
3. TRANSIENT OCCUPANCY TAX (TOT) AND VISITOR SERVICE FEE
ORDINANCE REVISIONS. Introduce Ordinance No. 2003 -_ revising the
Transient Occupancy Tai and Ordinance No. 2003 revising the Visitor Service
Fee Ordinance, and pass to second reading on July 22, 2003.
RESOLUTIONS FOR ADOPTION
4. ADOPT RESOLUTION FOR STREET SWEEPING IN THE SANTA ANA
HEIGHTS AND BAY KNOLLS COMMUNITIES. 1) Adopt Resolution No. 2003-
` replacing County of Orange NO PARKING restrictions with City of Newport
Beach NO PARKING restrictions for street sweeping on Thursdays from 8:30 a.m. to
12:30 p.m. in the Santa Ana Heights and Bay Knolls communities; and 2) rescind
Resolution No. 2003 -16.
5. EXTENSION OF THE TERM OF THE LOCAL COASTAL PROGRAM (LCP)
CERTIFICATION COMMITTEE. Adopt Resolution No. 2003 extending the
term of the LCP Certification Committee.
6. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE &
NECESSITY (APPLICANT — ACME CAB COMPANY PEDICAB SERVICE).
Approve a trial period of four months for the operation of Acme Pedicab with
conditions specified by the Police Department and the Transportation and
Development Services Manager, and adopt Resolution No. 2003 delegating the
authority to the City Manager to determine which streets, sidewalks and rights -of-
way are appropriate for use during the trial period.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
CONTRACTS AND AGREEMENTS
2002 -2003 TRAFFIC SIGNAL UPGRADES — COMPLETION AND
ACCEPTANCE OF CONTRACT (C- 3529). 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.
S. JAMBOREE ROAD STREET REHABILITATION PROJECT FROM
EASTBLUFF DRIVE/FORD ROAD TO BISON AVENUE — APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT (C- 3625). Approve a Professional
Services Agreement with Dewan, Lundin & Associates, Inc. for professional
engineering services for a contract price of $41,055 and authorize the Mayor and the
City Clerk to execute the Agreement.
9. NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION —
AWARD OF CONTRACT (C- 3618). 1) Approve the plans and specifications;
2) award the contract (C -3618) to Haitbrink Asphalt Paving for the total bid price of
$85,925 and authorize the Mayor and the City Clerk to execute the contract;
3) establish an amount of $7,075 to cover the cost of unforeseen work; 4) approve a
budget amendment (BA -001) appropriating $12,000 from the unappropriated balance
of the Tide and Submerged Land Fund to Account No. 7231- C5100713; and
5) approve a budget amendment (BA -001) appropriating $6,000 to Contributions
Account No. 7251- C5100713 and increase revenue estimates by $6,000 into Account
No. 250 -4858 to reflect the additional Newport Mesa Unified School District
contribution for the beach playground improvements.
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
Status report — Mariners Joint Use Library Ad Hoc Steering Committee
Status report— Other Committee Activities
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
10. PLANNING COMMISSION AGENDA FOR JULY 3, 2003 [Meeting cancelled].
N. PUBLIC HEARING
11. AGREEMENT BETWEEN THE CITY AND THE ORANGE COUNTY
DEVELOPMENT AGENCY REGARDING A FIRE STATION AND
COMMUNITY CENTER IN SANTA ANA HEIGHTS.
Action: 1) Conduct public hearing; and
2) Enter into an agreement with the County of Orange
( "County ") and the Orange County Development Agency
( "Agency') to acquire real property for a regional community
center and fire station to construct a permanent fire station in
Santa Ana Heights.
O. CONTINUED BUSINESS
12. CORONA DEL MAR STATE BEACH — BEACHGOER AMENITY
IMPROVEMENT PROJECT (contd. from 6/24/03).
Action: 1) Approve conceptual site plan and draft facilities concept for
replacement facilities at Corona del Mar State Beach;
2) Affirm the Categorical Exemption (attached to staff report);
and
3) Direct staff to proceed with the full site plan and facilities
concept by phasing the full project to reflect available funds
and by seeking additional funding for its completion.
P. CURRENT BUSINESS
13. FILLING OF TWO VACANCIES ON THE GENERAL PLAN ADVISORY
COMMITTEE (GPAC).
Action: Appoint new members to two vacancies on GPAC.
14. IMPACT OF REDISTRICTING ON COUNCIL APPOINTMENTS.
Action: That City Council take whatever action it deems appropriate.
15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DISAPPROVING COMMENTS MADE BY COUNCIL MEMBER
RICHARD NICHOLS THAT STEREOTYPE OR EVIDENCE AN
INTOLERANCE OF PEOPLE OF HISPANIC ORIGIN AND THAT INDICATE
HE HAS FORMED A POSITION RELATIVE TO CERTAIN ASPECTS OF A
CITY PROJECT BASED ON THE FACT THAT PEOPLE OF HISPANIC
ORIGIN WOULD BE USING PUBLIC PROPERTY AND REQUESTING HIS
RESIGNATION.
Action: That City Council take whatever action it deems appropriate.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
16. REPORT ON COUNCIL MEMBER NICHOLS' COMMITTEE ASSIGNMENTS.
Action: That City Council take whatever action it deems appropriate.
Q. 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.
R. ADJOURNMENT
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.