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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, December 11, 2001 Regular Council Meeting - 7:00 p.m. GARY ADAMS MAYOR TOD W. RIDGEWAY STEVEN BROMBERG Mayor Pro Tern Council Member GARY L. PROCTOR Council Member NORMA J. GLOVER 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 December 11, 2001 STUDY SESSION - 3:30 p.m. - [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 aunlicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Greg Kelley, President, Newport Mesa Irvine Inter -Faith Council. F. PRESENTATION Presentation of Proclamation to Harbor View School honoring their National Blue Ribbon Award. Chamber of Commerce Presentation of Grants from Taste of Newport Proceeds. Visioning Festival Announcement. G. MAYOR & MAYOR PRO TEMPORE ELECTION Outgoing Mayor's comments. ELECTION OF MAYOR The City Clerk presides for the ELECTION OF THE MAYOR. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: Conduct oral nominations for Mayor and conduct election by roll call vote. New Mayor announced by the City Clerk. Mayor takes proper place at Council table. ELECTION OF MAYOR PRO TEMPORE Mayor calls for oral nominations for ELECTION OF MAYOR PRO TEMPORE. Mayor presides for election of Mayor Pro Tempore, and City Clerk announces the results. 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. Council decides on seating arrangement of council table (senior members having first preference). New Mayor's comments. H. 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. I. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): J. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I — 20) 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 meynbers 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 NOVEMBER 27, 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 INTRODUCTION 3. ORDINANCE RELATING TO THE PROTECTION OF NATURAL HABITAT FOR MIGRATORY AND OTHER WATERFOWL; PROHIBITION ON INCUBATION, FEEDING. Introduce Ordinance No. 2001 - and set for second reading and adoption on January 8, 2002. 4. PROPOSED HARBOR COMMISSION. 1) Introduce Ordinance No. 2001 -_ establishing the Harbor Commission and pass to second reading on January 8, 2002; and 2) adopt Resolution No. 2001 -_ directing the Harbor Committee to provide advice and orientation to the newly appointed Harbor Commission and extending the term of the Harbor Committee to 2003. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS ORDINANCE FOR ADOPTION 5. ORDINANCE EXTENDING NON- EXCLUSIVE FRANCHISES WITH ADELPHIA & COX CABLE COMMUNICATIONS. Adopt Ordinance No. 2001 -23. RESOLUTIONS FOR ADOPTION 6. RESOLUTION RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 20, 2001, DECLARING THE RESULT AND OTHER SUCH MATTERS AS PROVIDED BY LAW. Adopt Resolution No. 2001- 7. RESOLUTION AUTHORIZING THE INSTALLATION OF STOP SIGNS ON FORD ROAD AT NEWPORT HILLS DRIVE EAST. Adopt Resolution No. 2001- _ requiring all traffic on Ford Road to stop at Newport Hills Drive East. 8. APPROVAL OF RESOLUTIONS FOR REQUESTING STATE PARK BOND FUNDS. Adopt the following resolutions for application of grant funds under the Safe Neighborhood Park Clean Water, Clean Air and Coastal Protection Bond Act of 2000: 1) Resolution No. 2001 - for grant funds for the Per Capita Grant Fund in the amount of $685,000; and 2) Resolution No. 2001 -_ for grant funds for the Roberti - Z'Berg- Harris Urban Open Space and Recreation Grant in the amount of $220,120. 9. JWA SETTLEMENT AGREEMENT EXTENSION GENERAL PLAN AMENDMENT (PA 2001 -222). Adopt Resolution No. 2001 - initiating the General Plan Amendment (GPI 2001 -003). 10. EMPLOYEE POLICY MANUAL. Adopt Resolution No. 2001 -_ approving the Employee Policy Manual. CONTRACTS AND AGREEMENTS 11. VESSEL TRANSFER AGREEMENT — ORANGE COUNTY COASTKEEPER. Authorize the City Manager to execute a Vessel Transfer Agreement that would transfer a recently - acquired vessel to Orange County CoastKeeper for research and water quality efforts in Newport Harbor. 12. AUTOMATIC AID AGREEMENT FOR FIRE, RESCUE AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF LAGUNA BEACH. Approve the subject agreement and authorize the Mayor to execute the agreement. 13. BALBOA PIER PARKING LOT RESURFACING. 1) Authorize the resurfacing of the Balboa Pier Parking lot to be included within the scope of work for the Balboa Village Improvement Project (C- 3333); and 2) authorize the City Manager to execute Change Order No. 1 with GCI Construction, Inc., in the amount of $195,135 for this work. 14. CITY FACILITY LIGHTING RETROFIT — AWARD OF CONTRACT (C- 3477). 1) Approve the plans and specifications; 2) award the contract (C -3477) to Sylvania Lighting Services for the total bid price of $122,568.40 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $12,000 to cover the cost of unforeseen work. 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 15. DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND STREET REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY — AWARD OF CONTRACT (C- 3394). 1) Approve the plans and specifications; 2) award the contract (C -3394) to Albert W. Davies for the total bid price of $770,931 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $50,000 to cover the cost of unforeseen work. 16. POLLUTION LEGAL LIABILITY RENEWAL. Approve the renewal of the pollution legal liability insurance coverage with Greenwich Insurance for the policy period 12/1/01 to 12/1/04 for the quoted premium of $296,912. MISCELLANEOUS ACTIONS 17. ACCEPT THE OFFER OF DEDICATION FOR PARCELS A, C, AND D ON PARCEL MAP NO. 98 -204 (FREEWAY RESERVATION) AND LOTS 5, PP, QQ, RR, AND SS OF TRACT NO. 15377 (BONITA CANYON PARCEL). 1) Accept the offer of dedication of Parcels, A, C, and D on Parcel Map No. 98 -204 (Freeway Reservation) and Lots 5, PP, QQ, RR, and SS of Tract No. 15377 (Bonita Canyon Parcel); and 2) authorize the City Manager and City Clerk to accept the offer of dedication; and direct the City Clerk to have the document recorded in the Office of the Orange County Recorder. 18. BEACH RESTROOM CLEANING. Receive and file. 19. BUDGET AMENDMENT IN THE AMOUNT OF $56,470 TO INCREASE REVENUE ESTIMATES AND EXPENDITURE APPROPRIATIONS DUE TO RECEIPT OF A FEDERAL LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA) GRANT FOR LIBRARY SERVICES TO SENIORS. Approve BA -024. 20. APPROVAL OF RECOMMENDATIONS FOR PROPOSED ACTIONS TO ASSIST BALBOA VILLAGE BUSINESSES AND RESIDENTS DURING CONSTRUCTION OF IMPROVEMENTS. Approve and implement staff recommendations. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. K. ITEMS REMOVED FROM THE CONSENT CALENDAR L. 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 and address for the record. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 21. PLANNING COMMISSION AGENDA FOR DECEMBER 6, 2001. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. O. PUBLIC HEARINGS 22. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT ANNUAL RENEWAL PUBLIC HEARING AND LEVYING OF ASSESSMENTS FOR 2002 FISCAL YEAR. Action: 1) Conduct public hearing regarding the renewal of the Marine Avenue Business Improvement District; and 2) a. If protests represent less than 50 uercent of the total assessment amount, adopt Resolution of Confirmation No. 2001 - to renew the BID for the 2002 Fiscal Year; OR b. If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the BID. 23. NEWPORT BEACH RESTAURANT BUSINESS IMPROVEMENT DISTRICT ANNUAL RENEWAL FOR 2002 FISCAL YEAR. Action: 1) Conduct public hearing regarding the renewal of the Newport Beach Restaurant Business Improvement District; and 2) a. If protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2001 -_ confirming the Newport Beach Restaurant Business Improvement District for the 2002 Fiscal Year; OR b. If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the District. 24. PUBLIC HEARING - REVOCATION OF MOORING PERMIT. Action: 1) Conduct public hearing; and 2) Revoke the Mooring Permits as listed on Exhibit A of the staff report. 25. CARMELO'S RISTORANTE — USE PERMIT NO. 1908 AMENDED — 3520 EAST COAST HIGHWAY (contd. from 11/27/01). Action: 1) Uphold or reverse the decision of the Planning Commission not to review Use Permit 1908 (Amended). SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 2) If the Planning Commission's decision is reversed: a) Refer Use Permit 1908 (Amended) back to the Planning Commission for a review hearing; or b) Schedule Use Permit 1908 (Amended) for a review hearing before the City Council. P. CURRENT BUSINESS a] 26. GRAND CANAL SHORE MOORING RELOCATION. Action: 1) Direct staff to remove the Grand Canal Access Ladder; and 2) Authorize the Harbor Resources Manager to offer the relocation of existing Grand Canal moorings to a more accessible location. 27. CONSIDERATION OF DRAFT LETTER TO DICK RIORDAN REGARDING EL TORO. Action: Approve or disapprove. 28. NEW REGULATIONS ON STORMWATER AND URBAN RUNOFF: PROPOSED 5 -YEAR MUNICIPAL PERMIT; CITY S LETTER. Action: Authorize the Mayor to issue a letter (attached to staff report) to the California Regional Water Quality Control Board, Santa Ana Region, regarding its Order No. 01 -20 (5 -Year Municipal NPDES Permit for Stormwater Runoff. 29. MARINER'S LIBRARY JOINT USE CONCEPTUAL PLAN DESIGN - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS, INC. Action: 1) Approve a Professional Services Agreement with Thirtieth Street Architects, Inc. (TSA) of Newport Beach, for Architectural Design Services of Mariner's Library at a contract price of $94,700 and authorize the Mayor and the City Clerk to execute the agreement; 2) Establish an amount of $9,300 to cover the cost of unforeseen work; and 3) Approve a budget amendment (BA -025) appropriating $104,000 from the unappropriated balance of General Fund Reserves to Account No. 7011- C5100661. R. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the City Council at either this ineeting or the preuious meeting may be inade only by one of the Council inembers who voted with the prevailing side. S. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA - REGULAR MEETING DECEMBER 11, 2001 CURRENT BUSINESS S30. APPOINTMENTS TO THE NEWPORT COAST ADVISORY COMMITTEE. Action: Appoint the following individuals to the Newport Coast Advisory Committee: Mr. Jim McGee Mr. Gerry Ross Mr. Daniel Wampole Mr. Al Willinger Council Member John Heffernan CONSENT CALENDAR and S31. MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE IRVINE COMPANY REGARDING SENIOR AFFORDABLE HOUSING ON LOWER BAYVIEW LANDING. Authorize the Mayor to execute the MOU.