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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, May 23, 2000 Regular Council Meeting - 7:00 p.m. JOHN E. NOYES MAYOR GAROLD B. ADAMS NORMA J. GLOVER Mayor Pro Tem Council Member TOD W. RIDGEWAY Council Member JAN DEBAY Council Member DENNIS D. O'NEIL Council Member TOM W. THOMSON Council Member HOMER BLUDAU - City Manager, ROBERT BURNHAM - City Attorney, LAVONNE HARKLESS - City Clerk, DON WEBB - 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 May 23, 2000 STUDY SESSION - 4:00 p.m [Refer to separate agenda] CLOSED SESSION [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED (If applicable) RECESS RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Pledge of Allegiance. Invocation by Mrs. Marianne Scott, First Church of Christ Scientist. Presentation by Nancy Gardner, Surfrider Foundation. IF YOU WISH TO ADDRESS THE COUNCIL. PLEASE FILL OUT THE YELLOW SIGN -IN CARD AND PLACE IT IN THE BOX AT THE PODIUM. 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. 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 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 APRIL 26, 2000. 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. RESOLUTIONS FOR ADOPTION 3. PARKING METER RATE INCREASES. 1) Adopt Resolution No. 2000 -_ establishing parking meter fees in off - street parking lots; and 2) introduce Ordinance No. 2000 - establishing parking meter fees for on- street meters and pass to second reading on June 13, 2000. 4. RECYCLING SERVICE FEE. Adopt Resolution No. 2000 - authorizing the recycling service fee to be set at $2.26 per month per residential unit effective July 1, 2000. 6. RESOLUTION TO ADOPT PROPOSED CHANGES TO THE CITY STREET TREE DESIGNATION LIST. Adopt Resolution No. 2000 -_ approving the proposed City Street Tree Designation List. 6. FOURTH OF JULY STREET CLOSURE. Adopt Resolution No. 2000 -_ authorizing the temporary closure of Seashore Drive, Newport Boulevard, Balboa Boulevard, selected feeder streets and City parking lots. 7. UNDERGROUNDING UTILITIES IN PROPOSED ASSESSMENT DISTRICT NO. 78 (LITTLE BALBOA ISLAND). 1) Adopt Resolution No. 2000 - making findings on a petition for, adopting a map showing the proposed boundaries of, and making appointments for Assessment District No. 78; 2) adopt Resolution No. 2000 -_ declaring intention to order the construction of certain improvements in proposed Assessment District No. 78, declaring the improvements to be of special benefit, describing the district to be assessed to pay the costs and expenses thereof, and providing for the issuance of bonds; 3) adopt Resolution No. 2000 - giving preliminary approval to the report of the assessment engineer, setting a time and place for a public hearing and ordering the intention of SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. assessment ballot procedure for Assessment District No. 78, as July 11, 2000; and 4) approve the Special Counsel Agreement with the firm of Brown, Diven, Hessell & Brewer LLP. 8. UNDERGROUNDING UTILITIES AND RECONSTRUCT STREET IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 79 (BEACON BAY). 1) Adopt Resolution No. 2000 -_ making findings on a petition for, adopting a map showing the proposed boundaries of, and making appointments for Assessment District No. 79; 2) adopt Resolution No. 2000 -_ declaring intention to order the construction of certain improvements in proposed Assessment District No. 79, declaring the improvements to be of special benefit, describing the district to be assessed to pay the costs and expenses thereof, and providing for the issuance of bonds; 3) adopt Resolution No. 2000 -_ giving preliminary approval to the report of the assessment engineer, setting a time and place for a public hearing and ordering the intention of assessment ballot procedure for Assessment District No. 79, as July 11, 2000; and 4) approve the Special Counsel agreement with the firm of Brown, Diven, Hessell & Brewer LLP. ORDINANCES FOR INTRODUCTION 9. AMENDMENT OF CHAPTER 1.12 OF THE NBMC (contd. from 5/9/00). Introduce Ordinance No. 2000 -_ amending Section 1.12.020 of Title 1 of the NBMC pertaining to citations and warrants; and pass to second reading on June 13, 2000. 10. AMENDMENT OF CHAPTER 1.30 OF THE NBMC. Introduce Ordinance No. 2000 - amending Section 1.30.030 of Title 1 of the NBMC pertaining to election campaign filing, and pass to second reading on June 13, 2000. ORDINANCE FOR ADOPTION 11. ANNEXATION OF BAY KNOLLS AREA. Adopt Ordinance No. 2000 -8 approving Amendment 901. CONTRACTS AND AGREEMENTS 12. BALBOA PENINSULA ALLEY REPLACEMENT - REJECTION OF SOLE BID (C- 3325). 1) Reject the sole bid for the project submitted by Damon Construction Co, and direct staff to re -bid the project; and 2) direct the City Clerk to return the Bid Bond to the contractor. 13. BALBOA VILLAGE IMPROVEMENT PROJECT (C -3333) - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT. 1) Authorize the Mayor and the City Clerk to execute a Professional Services Agreement with Psomas to provide pre- design, design and construction services for the Balboa Village Improvement Project for a fee of $493,131; and 2) process a budget appropriation (BA -063) from Neighborhood Enhancement Fund Reserve in the amount of $250,000 to Account No. 7024- C5100543 and from the Off- Street Parking Fund Balboa Pier Parking Lot Account No. 7022- C5100376 in the amount of $250,000 to Account No. 7022- C5100543. 14. 1999 -2000 BALBOA ISLAND BAYFRONT REPAIRS - AWARD OF CONTRACT (C- 3303). 1) Approve the plans and specifications; 2) declare the bid submitted by the low bidder as non - responsive; 3) reject the non - responsive bid submitted by the low bidder; 4) declare the bid submitted by the second low bidder as the responsive low bid; 5) award SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. C -3303 to SRD Construction for the total bid price of $49,942 and authorize the Mayon and the City Clerk to execute the contract; and 6) establish an amount of $4,900 to cover the cost of testing and unforeseen work. MISCELLANEOUS ACTIONS 15. PLANNING COMMISSION AGENDA FOR MAY 18, 2000. Receive and file. 16. 2000 -01 PROPOSED BUDGET HEARING AND APPROPRIATION LIMIT HEARING. Schedule a public hearing of the City's proposed Budget and Appropriation Limit for the 2000 -01 fiscal year on June 13, 2000 and direct the City Clerk to publish a notice of said hearings. 17. APPEAL OF JERRY G. MAIZE, EDWARD YAWITZ AND STEVE BROWN TO RETAIN A DRIVE APPROACH AT 3412 MARCUS AVENUE. Deny the appeal to retain the existing driveway approach. 18. BUDGET AMENDMENT - BUILDING DEPARTMENT. Approve a budget amendment (BA -060) to transfer $6,240 from the Bonita Canyon Apartment Overtime Account 010 -22366 to the Building Department Overtime Account 2900 -7040. 19. BUDGET AMENDMENT - COMMUNITY SERVICES. Approve a budget amendment (BA -061) in the amount of $2,500 to increase revenue estimates to reflect funds received from the University of California and to increase expenditure appropriations. 20. FINANCE, BILLING AND HUMAN RESOURCES SOFTWARE. Approve the proposed action, funding realignments and budget amendment (BA -062) in the amount of $196,260. 21. CALIFORNIA LAW ENFORCEMENT TECHNOLOGY EQUIPMENT PURCHASE (CLETEP) PROGRAM GRANT/BUDGET AMENDMENT. 1) Approve acceptance of CLETEP program grant funding of $79,997 from the State of California, Department of Justice, Office of Criminal Justice Planning (OCJP); and approve a budget amendment (BA -064) of $79,997 to the Police Department Capital Outlay, Computer Equipment account (1820 -9015) to fund the purchase of approved equipment in CLETEP program grant. 22. APPOINTMENT OF CHAIRPERSON OF ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE. Confirm Mayor Noyes' appointment of Robert Hawkins. 23. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING FISCAL YEAR JULY 1, 2000 TO JUNE 30, 2001. Authorize the City Clerk to publish a notice advertising for bids to be received on or before the hour of 4:00 p.m. on Thursday, June 15, 2000 for a one -year contract covering the publishing and printing of legal notices, or other material required to be published and circulated in the City of Newport Beach. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. ITEMS REMOVED FROM THE CONSENT CALENDAR 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. CONTINUED BUSINESS 24. AD HOC GENERAL PLAN UPDATE COMMITTEE (contd. from 5/9/00). Action: 1) Adopt Resolution No. 2000 -_ establishing the Ad Hoc General Plan Update Committee; and 2) Affirm the Mayor's appointment of Mayor Pro Tem Adams (chairperson); and Council Members Ridgeway and Glover, and three Planning Commissioners: and and request the Environmental Quality, Economic Development and Aviation Committee to select representatives (1 each). 25. APPROVAL OF SUBDIVISION AGREEMENT FOR CORPORATE PLAZA WEST (RESUBDIVISION NO. 1006) (contd. from 5/9/00). Action: 1) Approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 1006; and 2) Authorize the Mayor and the City Clerk to execute the agreement. 26. STATUS REPORT ON SANTIAGO DRIVE SPEED REDUCTION PROGRAM. Action: Receive and file. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. CURRENT BUSINESS 27. COAST HIGHWAY SIDEWALK, CURB AND GUTTER IN CORONA DEL MAR ADJACENT TO SHORECLIFFS AND CAMEO SHORES. Action: Approve the recommendation for the City to construct curb, gutter and sidewalk improvements on the south side of Coast Highway easterly of Cameo Shores Road during FY 2000 -01 and that an offer of $19,000 be made to the Cameo Community Association as a contribution toward the construction of a masonry wall. 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. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.