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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, May 22, 2001 Regular Council Meeting - 7:00 p.m. GARY ADAMS MAYOR TOD W. RIDGEWAY STEVEN BROMBERG Mayor Pro Tem GARY L. PROCTOR Council Member NORMA J. GLOVER Council Member Council Member DENNIS D. O'NEIL Council Member JOHN HEFFERNAN 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 22, 2001 STUDY SESSION (Special Meeting) - 3:30 p.m. CLOSED SESSION - [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT (if applicable) RECESS « « « « « « « « « « « « « « « « « «« A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. INVOCATION - Reverend Monsignor Daniel Murray, Our Lady of Mt. Carmel Catholic Church. E. PRESENTATIONS Presentation to Dr. Brian Chesnie and John Montgomery by Chief Tim Riley. F. 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 podiunt. G. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM): 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. H. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1— 21) 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 MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MAY 8, 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. ORDINANCES FOR INTRODUCTION 3. MODIFICATIONS TO CHAPTER 10.28 OF THE NBMC — LOUD AND UNREASONABLE NOISE. Introduce Ordinance No. 2001 and pass to second reading on June 12, 2001. RESOLUTIONS FOR ADOPTION 4. RECYCLING SERVICE FEE. Adopt Resolution No. 2001 -, authorizing the recycling service fee to be set at $2.36 per month per residential unit effective July 1, 2001. 5. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO OCEAN WASTE AND RECYCLING. 1) Adopt Resolution of Intention No. 2001 to award a Non - exclusive Solid Waste Franchise to Ocean Waste and Recycling and set a public hearing for June 12, 2001; and 2) introduce Ordinance No. 2001 granting a Non - exclusive Solid Waste Franchise to Ocean Waste and Recycling, and pass to second reading on June 12, 2001. 6. RESOLUTION SUPPORTING COMMUNITY CONSERVANCY INTERNATIONAL'S GRANT REQUEST FOR UPPER NEWPORT BAY RESTORATION. Adopt Resolution No. 2001 stating the City's support for a grant request to the State Coastal Conservancy for a restoration project in Upper Newport Bay to be conducted by Community Conservancy International (CCI). 7. PROPOSED ASSESSMENT DISTRICT NO. 74 (ISLAND AVENUE FROM EDGEWATER AVENUE TO BAY AVENUE AND WEST BAY AVENUE FROM ISLAND AVENUE TO 7TH STREET ON THE BALBOA PENINSULA) FOR UNDERGROUNDING UTILITIES. 1) Adopt Resolution No. 2001 making SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. findings on a petition for, adopting a map showing the proposed boundaries of, and making appointments for Assessment District No. 74; 2) adopt Resolution No. 2001- _ declaring intention to order the construction of certain improvements in proposed Assessment District No. 74, 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. 2001 -_ giving preliminary approval to the report of the assessment engineer, setting the time and place for a public hearing as July 10, 2001 and ordering the intention of assessment ballot procedure for Assessment District No. 74; and 4) approve the Special Counsel agreement with Robert Hessell. CONTRACTS AND AGREEMENTS 8. LEASE AGREEMENT FOR BALBOA YACHT BASIN WITH BASIN MARINE, INC. (contd. from 3/27/01, 4/10/01, 4/24/01 & 5/8/01). Continue to June 12, 2001. 9. WEST NEWPORT SOUND WALL REPLACEMENT (C -3345) — ACCEPTANCE AND COMPLETION. 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; 4) release the Faithful Performance Bond one (1) year after Council acceptance; and 5) authorize a budget amendment (BA -049) transferring $1,690 from unappropriated Gas Tax Fund balance to Account No. 7181 - 05100563. 10. 32 ^d STREET/BALBOA BOULEVARD REHABILITATION AND 30TH STREET/ NEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS (C -3245) — 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. 11. CITY S SUPPORT FOR ORANGE COUNTY COASTKEEPER'S CAULERPA TAXIFOLIA NEWPORT BAY SURVEY AND EDUCATION PROJECT (BUDGET AMENDMENT AND AGREEMENT AUTHORIZATION). 1) Approve a budget amendment (BA -050) authorizing the expenditure of $8,100 to support Orange County CoastKeeper's Caulerpa taxifolia Newport Bay Survey and Education Project; and 2) authorize the City Manager to execute an Agreement with CoastKeeper to complete the Scope of Work associated with the Caulerpa Survey and Education Project. 12. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH EMMET BERKERY FOR BALBOA VILLAGE PROJECT MANAGEMENT SERVICES. 1) Approve a Professional Services Agreement with Emmet Berkery, P.E., for a contract price of $29,500 and authorize the Mayor and the City Clerk to execute the agreement; and 2) authorize a budget amendment (BA -052) transferring $25,000 from Account No. 5200 -7000 and $4,500 from Account No. 5100 -7000 to Account No. 7023- C5100543 Balboa Village Plan. 13. USE OF THE CHANGE KIOSK AT THE NEWPORT PIER. 1) Authorize the Mayor to execute an agreement with the Newport Beach City Employees Federal Credit Union that authorizes the NBCEFCU to install and operate an automatic 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. teller machine at the kiosk near the Newport Pier; and 2) authorize the Director of Public Works to execute an encroachment permit for restaurant menu display at the kiosk. MISCELLANEOUS ACTIONS 14. APPOINTMENT TO THE AD HOC CITY COUNCIL AIRPORT ISSUES COMMITTEE. Confirm Mayor Adams' appointment of Council Member Bromberg to the Ad Hoc City Council Airport Issues Committee (replacement for Council Member Heffernan). 15. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING FISCAL YEAR JULY 1, 2001 TO JUNE 30, 2002. 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 14, 2001 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. 16. SUPPORT FOR THE GREEN RESTAURANT ASSOCIATION. 1) Authorize Mayor Adams to issue a letter to Newport Beach's restaurants recommending membership in the Green Restaurant Association; and 2) authorize the City to join the GRA for one year at $950. 17. GOVERNMENTAL ACCOUNTING STANDARD BOARD (GASB) STATEMENT NO. 34. Approve a budget amendment (BA -047) in the amount of $40,000 to provide various clerical, accounting, and engineering valuation services related to the implementation of GASB Statement No. 34, which will utilize General Fund, unappropriated surplus fund balance. 18. APPROVAL OF BUDGET AMENDMENT TO TRANSFER $1,020 FROM THE SURFING RESERVE FUND AND $18,500 FROM THE TENNIS RESERVE FUND TO AN EXPENDITURE ACCOUNT PER COUNCIL POLICY I -2 WHICH PROVIDES THAT 20% OF THE REGISTRATION FEES FROM TENNIS INSTRUCTIONAL CLASSES BE SET ASIDE ANNUALLY FOR THE PURPOSE OF PURCHASE OF EQUIPMENT, REFURBISHMENT OF COURTS OR DEVELOPMENT OF NEW RECREATIONAL PROGRAMS OR FACILITIES. Approve BA -048. 19. NEW COUNCIL POLICY ON DISCRETIONARY GRANTS (A -12). Adopt amended Council Policy A -12 ("Discretionary Grants "). 20. BUDGET AMENDMENT, CIOSA REIMBURSEMENTS FOR CASTAWAYS TRACT NO. 15012. Approve a budget amendment (BA -051) authorizing an appropriation in the amount of $699,186 for the reimbursement of CIOSA Improvements for Tract 15012, Taylor Woodrow Castaways in Account Nos. 7431 - 05100605 and 7432- C5100605. 21. ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC) COMMENTS ON DRAFT ENVIRONMENTAL IMPACT REPORT FOR CRYSTAL COVE HISTORIC DISTRICT INVESTIGATIONS & INTERIM PROTECTION PLAN. Authorize EQAC to transmit comments to the State Department of Parks & Recreation. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. I. ITEMS REMOVED FROM THE CONSENT CALENDAR J. 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 na.rne and address for the record. K. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES L. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 22. PLANNING COMMISSION AGENDA FOR MAY 17, 2001. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. M. CONTINUED BUSINESS 23. AD HOC COMMITTEE TO REVIEW ECONOMIC DEVELOPMENT COMMITTEE (EDC) AND ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC). Action: Adopt Resolution No. 2001 -_ establishing the ad hoc committee, and confirm the Mayor's appointment of the following: (Council Member) (Council Member) (Council Member) (EDC Representative) (EQAC Representative) SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. N. CURRENT BUSINESS 24. NEWPORT THEATER ARTS CENTER - AMENDMENT OF COUNCIL POLICY I -6, SPECIAL EVENT AND LICENSE AGREEMENT, HOUSE RULES, FEE SCHEDULE, AND REQUEST FOR USE BY NEWPORT BEACH THEATRE COMPANY. Action: 1) Approve the modifications to Council Policy I -6, the Permit, the House Rules and the Fee Schedule; and 2) If appropriate, determine that the Newport Beach Theatre Company meets the selection criteria in Council Policy I -6 and approve all or a portion of their request to use the Theatre during the first three (3) Reserved Periods. 25. ENTITLEMENT STATUS OF THE NEWPORT VILLAGE SITE (REQUESTED BY COUNCIL MEMBER BROMBERG). Action: 1) Adopt Resolution No. 2001- _, initiating General Plan Amendment 2001 -_, for the Newport Village Site; 2) Adopt Resolution No. 2001 -_, initiating an amendment to the Newport Village Planned Community District Regulations; and 3) Direct staff to return to Council with plans, specifications and a budget amendment for the improvement of a park on the Newport Village site. O. MOTION FOR RECONSIDERATION A motiart to reC07tsider the vote art a7ty action taken by the City Council at either this meeting or the previous meeting may be made wily by arse of the Council members who voted with the prevailing side. P. ADJOURNMENT ................... SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA - REGULAR MEETING MAY 22, 2001 CONSENT CALENDAR 526. 2001 -02 PROPOSED BUDGET HEARING; 2001 -02 APPROPRIATION LIMIT HEARING. Schedule a public hearing on the City's proposed budget and appropriation limit for the 2001 -02 fiscal year on June 12, 2001; and direct the City Clerk to publish a notice of said hearings. S27. REQUEST FOR AN ENDORSEMENT LETTER FROM THE MAX COMPANY FOR PUBLICATION OF A NEWPORT BEACH LIFESTYLE BOOK. Authorize staff to prepare an endorsement letter for the City Manager's signature. S28. REPORT FROM THE CITY MANAGER AND CITY ATTORNEY REGARDING THE PROPOSED EXTENSION OF THE JOHN WAYNE AIRPORT SETTLEMENT AGREEMENT. Action: 1) Authorize the City Manager to execute a Memorandum of Understanding (MOLT) regarding preparation of the Environmental Impact Report (EIR); 2) Authorize the City Manager to execute agreements with consultants to prepare portions of the environmental document so long as the expenditures are within budgetary authority; and 2) Approve a budget amendment (BA -053) designating $400,000 for purposes of completing the environmental document on the Project. S29. PROPOSED GRANT AGREEMENT BETWEEN THE CITY AND THE AIRPORT WORKING GROUP (AWG) WITH REPORT FROM THE CITY MANAGER AND THE CITY ATTORNEY. Action: Approve the following recommendations of the Airport Issues Committee: 1) Authorize the Mayor to execute the proposed grant agreement between AWG and the City of Newport Beach; 2) Terminate the Grant Agreement between CJE and the City of Newport Beach that is dated March 28, 2001; and 3) Retain Dana Reed of Reed and Davidson and Fred Woocher of Strumwasser and Woocher to act as special counsel pursuant to the grant agreement and direct staff to notify AWG that special counsel has been retained.