HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, July 22, 2003
Regular Council Meeting - 7:00 p.m.
STEVEN BROMBERG
MAYOR
TOD W. RIDGEWAY GARY ADAMS
Mayor Pro Tern
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
July 22, 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 — Mrs. Marianne Scott, First Church of Christ Scientist
F. PRESENTATIONS
Community Health Charities
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 (I — 19) 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 boxprovided at the podium.
READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE REGULAR MEETING OF JULY 8, 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 ADOPTION
3. TRANSIENT OCCUPANCY TAX (TOT) AND VISITOR SERVICE FEE
ORDINANCE REVISIONS. Adopt Ordinance No. 2003 -12 revising the Transient
Occupancy Tax and Ordinance No. 2003 -13 revising the Visitor Service Fee
Ordinance.
RESOLUTIONS FOR ADOPTION
4. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE &
NECESSITY (APPLICANT — ACME CAB COMPANY PEDICAB SERVICE)
(contd. from 7 /8/03). Table.
5. WEST SANTA ANA HEIGHTS/EMERSON TRACT — GENERAL PLAN
AMENDMENTS INITIATION (PA 2003 -149). Adopt Resolution No. 2003
initiating amendments to the General Plan (GPI 2003 -004 and GPI 2003 -005).
6. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL:
ANNUAL REPORT FOR 2002 -2003 FISCAL YEAR; AND ADOPTION OF
RESOLUTION OF INTENTION TO LEVY FOR 2003 -2004 FISCAL YEAR.
1) Approve the Corona del Mar Business Improvement District 2002 -2003 Annual
Report; and 2) adopt Resolution of Intention No. 2003 - to Levy Assessments and
set the public hearing for August 12, 2003.
CONTRACTS AND AGREEMENTS
7. LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT — AWARD
OF CONTRACT (C- 3538). 1) Approve the plans and specifications; 2) affirm the
categorical exemption; 3) award the contract (C -3538) to DenBoer Engineering and
Construction, Inc. for the total bid amount of $634,074 and authorize the Mayor and
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
the City Clerk to execute the contract; 4) establish an amount of $50,000 to cover the
cost of unforeseen work; and 5) approve a budget amendment (BA -003) in the amount
of $111,740 from Account No. 7013- C5100277 to Account No. 7013- C5100673.
8. ZONE III AND IV PUMP STATION ELECTRICAL IMPROVEMENTS (C -3417)
— 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.
9. ENCROACHMENT AGREEMENT WITH HOAG HOSPITAL FOR RETAINING
WALL TIE -BACKS INTO UNIMPROVED SUPERIOR AVENUE RIGHT -OF-
WAY (1 HOAG DRIVE). 1) Approve an Encroachment Agreement between the City
of Newport Beach and Hoag Hospital permitting the construction of tie -backs within
the Superior Avenue right -of -way; 2) authorize the City Manager and City Clerk to
execute the Agreements; and 3) authorize and direct the City Clerk to have the
Encroachment Agreement recorded with the Orange County Recorder.
10. FUEL SYSTEM UPGRADES — COMPLETION AND ACCEPTANCE OF
CONTRACT (C- 3547). 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. TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT
COAST DRIVE AT SAGE HILL SCHOOL — COMPLETION AND
ACCEPTANCE OF CONTRACT (C- 3587). 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.
12. BONITA CANYON SPORTS PARK — COMPLETION AND ACCEPTANCE OF
CONTRACT (C- 3270). 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. AWARD OF ALLEY SWEEPING AGREEMENT. Approve agreement with Sunset
Property Services to provide twice per month alley sweeping at an annual cost of
$61,896.80.
14. CONTRACT AWARD FOR STORM DRAIN AND V -DITCH CLEANING
SERVICES. Approve contract agreement to Justin's Jetting for an amount not to
exceed $135,210.
MISCELLANEOUS ACTIONS
15. APPROVAL OF 2003/04 CULTURAL ARTS GRANTS. Approve recommended
recipients for FY 2003/04 Cultural Arts Grants as selected by the City Arts
Commission in accordance with City Policy I -12 — Reserve Fund for Culture and Arts.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
16. REQUEST BY CITY ARTS COMMISSION FOR CITY COUNCIL TO ACCEPT
DONATION OF ART FOR INCLUSION IN CITY ART COLLECTION. Accept
donation of original work titled "Welcome to Balboa" created by artist, Jane Hill.
17. BUDGET AMENDMENT FOR REMODEL OF EQUIPMENT MAINTENANCE
FACILITY. Approve budget amendment (BA -002) in the amount of $18,000,
increasing revenue estimates in Account 610 -6830 and increasing expenditures in
Account 7611- C6110739 to fund the remodel of a portion of the Equipment
Maintenance facility at the Corporation Yard.
18. MARINERS LIBRARY STATUS REPORT. Receive and file
19. UPPER BAYVIEW LANDING PARK/SENIOR HOUSING PAYMENT OF
PRELIMINARY ENGINEERING — J.C. TRUXAW & ASSOCIATES. Approve the
payment to Joseph C. Truxaw and Associates for Professional Engineering Services
in conjunction with the City's share of preliminary engineering for the joint project,
Upper Bayview Landing Park and Senior Affordable Housing, with The Related
Companies of California in the amount of $40,592.17, which will come from the
CIOSA fund.
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
M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
20. PLANNING COMMISSION AGENDA FOR JULY 17, 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.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
N. PUBLIC HEARING
Le
21. GENERAL PLAN AMENDMENT NO. 2003 -003, LOCAL COASTAL PROGRAM
AMENDMENT NO. 2003 -002, CODE AMENDMENT NO 2003 -005 (PA2003 -099)
— LEGERE PROPERTY (813 EAST BALBOA BOULEVARD).
Action: 1) Conduct public hearing;
2) Approve the applications by adopting Resolution No. 2003-
_ and introducing Ordinance No. 2003 -, and pass to
second reading on August 12, 2003.
22. APPOINTMENTS BY THE CITY COUNCIL TO ENVIRONMENTAL QUALITY
AFFAIRS CITIZENS ADVISORY COMMITTEE AND THE AVIATION
COMMITTEE (contd. from 6/24103).
Action: Confirm the appointments to the Environmental Quality Affairs
Citizens Advisory Committee and the Aviation Committee, as
announced by each Council Member.
Environmental Quality Affairs Citizens Affairs Committee
(District 3) Council Member Webb's appointment of
(regular member).
(District 4) Council Member Adams' appointment of
(regular member).
Aviation Committee
(District 4) Council Member Adams' appointment of
(alternate).
P. CURRENT BUSINESS
23. COUNCIL APPROVAL OF A PARK PATROL PROGRAM.
Action: 1) Approve the Parks, Beaches & Recreation Commission's
recommendation for the creation and implementation of a
self- supporting Park Patrol Program at a cost of $47,953 per
year; and
2) Approve a revision to City Council Policy B -13 — Public Use of
City Facilities to add a new fee classification for Youth Sports
Commission Member Organizations (YSCMO) charging $1 per
hour for use of athletic facilities, raising approximately
$19,000 in revenue to offset the cost of the Park Patrol
Program.
24. RECYCLING SERVICE FEE.
Action: Adopt Resolution No. 2003 - authorizing the recycling service fee
to be set at $2.66 per month per residential unit effective August 1,
2003; and rescind Resolution No. 2002 -39.
5
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
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 — In memory of Buddy Ebsen
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS