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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, March 11, 2003 Regular Council Meeting - 7:00 p.m. STEVEN BROMBERG MAYOR TOD W. RIDGEWAY GARY ADAMS Mayor Pro Tem 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 March 11, 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 —Reverend Lloyd Sellers, Hoag Memorial Hospital, Presbyterian F. PRESENTATION Presentation by the National Committee for Employer Support of the Guard and Reserve (contd. from 2/25/03) Proclamation for Newport Harbor Sailors Marching Regiment and Color Guard and Choirs 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 (1- 14) 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 FEBRUARY 25, 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. RESOLUTION FOR ADOPTION 3. ESTABLISHMENT OF THE CITY COUNCIL ECONOMIC ADVISORY COMMITTEE. Adopt Resolution No. 2003 -_ establishing the City Council Economic Advisory Committee. CONTRACTS AND AGREEMENTS 4. IRVINE AVENUE MEDIANS - C -3279 - 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 on -year after Council acceptance. 5. BALBOA ISLAND BAYFRONT REPAIRS (2001- 2002), C -3458 - 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 on -year after Council acceptance. 6. APPROVAL OF AGREEMENT AND BONDS FOR PARCEL MAP NO. NP2002- 014 - 3100 & 3150 WEST COAST HIGHWAY. Approve an agreement and accompanying security (Bonds) guaranteeing completion of public improvements on Avon Street required as a condition of approval of Parcel Map No. NP2002 -014, and authorize the Mayor and the City Clerk to execute the Agreement. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 7. LEGISLATIVE ADVOCACY CONTRACT - EMANUELS JONES & ASSOCIATES. Authorize the City Manager to execute a Professional Services Agreement with Emanuels Jones & Associates for legislative advocacy services for the period of March 2003 through March 2006 in the amount of $3,605 per month. 8. LIFEGUARD VEHICLE SPONSORSHIP AGREEMENT. 1) Enter into an agreement between the City, as a party to the Beaches of Southern California Coalition, and the Chevrolet Motor Division of the General Motors Corporation for sponsorship of lifeguard vehicles; and 2) approve a budget amendment (BA -049) transferring $8,450 from unappropriated Internal Service Fund reserves to General Service Account 6120 -9102 for the cost to transfer and install emergency equipment onto the loan vehicles. 9. DONNA AND JOHN CREAN MARINERS BRANCH LIBRARY - AWARD OF PROJECT MANAGEMENT SERVICES TO GRIFFIN STRUCTURES, INC. (C- 3496). 1) Approve a Project Management Services Agreement with Griffin Structures, Inc., of Laguna Beach, California, for a not -to- exceed price of $195,000 and authorize the Mayor and City Clerk to execute the agreement; and 2) approve a budget amendment (BA -051) authorizing the appropriation of $195,000 from the unappropriated balance of the General Fund to Account No. 7011- C5100661. MISCELLANEOUS ACTION 10. BUDGET AMENDMENT TO APPROPRIATE FUNDS - BIKEWAYS AND TRAILS. Approve a budget amendment (BA -048) appropriating $57,933 from Bikeways and Trails Fund No. 292 to Account No. 7283- C5100543. 11. APPROPRIATION OF $50,000 FROM THE AFFORDABLE HOUSING IN LIEU FUND TO CIP ACCOUNT #7014, C2700706 IN SUPPORT OF THE LOWER BAYVIEW AFFORDABLE SENIOR HOUSING PROJECT. Approve a budget amendment (BA -050) to appropriate $50,000 from the Affordable Housing Mitigation Fund to Lower Bayview Affordable Senior Housing Project CIP. 12. CITY COUNCIL AWARD OF $15,000 GRANT TO THE DESIGNATED DRIVERS ASSOCIATION OF ORANGE COUNTY. Approve a budget amendment (BA -052) in the amount of $15,000 from unappropriated General Fund Reserves, and move the $15,000 into account 010 -20- 0110 -8254. 13. REQUEST FOR BUDGET AMENDMENT TO COVER EXPENSES ASSOCIATED WITH HIGH WORK DEMAND IN THE BUILDING DEPARTMENT. Approve a budget amendment (BA -053) to appropriate $175,000 from unanticipated General Fund revenue to the Building Department's Professional and Technical expenditure account #2930 -8080. 14. BONITA CREEK, GRANT HOWALD, CHANNEL PLACE, AND SAN MIGUEL PARKS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR DESIGN SERVICES FOR PLAYGROUND EQUIPMENT. 1) Approve the Professional Services Agreement with Coast Recreation, Inc., for the design of Bonita Creek Park, Grant Howald Park, and San Miguel Park for a total contract price of $88,086, and authorize the Mayor and City Clerk to execute the Agreement; 2) approve the Professional Services Agreement with Pacific Design, Inc., for the design of Channel Place Park for a total contract price of $22,921, and authorize the Mayor and City Clerk to execute the Agreement; and 3) accept the Notice of Exemptions as filed with the County of Orange. 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 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 M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 15. PLANNING COMMISSION AGENDA FOR MARCH 6, 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. N. PUBLIC HEARING :93 16. CODE AMENDMENT CA 2002 -007 - LANDMARK BUILDINGS (PA 2002 -218) - AMENDMENT TO TITLE 20 OF THE NBMC TO DESIGNATE CERTAIN TYPES OF BUILDINGS AS "LANDMARK BUILDINGS" AND MODIFY RESTRICTIONS ON NONCONFORMING USES IN LANDMARK BUILDINGS (contd. from 2/11/03). Action: Continue to March 25, 2001 17. POTENTIAL REVISIONS TO CITY TREE ORDINANCES AND POLICIES (contd. from 2/25/03).- 7:15 p.m Action: Provide direction to staff regarding the establishment of a committee and tree issues needing to be addressed. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 18. ANNEXATION OF AREA 7 (WEST SANTA ANA HEIGHTS, SANTA ANA COUNTRY CLUB, AND SOUTH OF MESA) - LETTER TO ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO), FISCAL IMPACT AND RELATED ANALYSES (contd. from 2/25/03). Action: Select either Alternative #1 or Alternative #2: 1) (A) Direct the City :Manager to proceed with City- County discussions associated with the transfer of redevelopment authority for Area 7 and East SAH and report back to the Council on progress with the County prior to making any application to OC LAFCO regarding any annexation of this area; and (B) Authorize the Mayor to send a letter to LAFCO stating the City's interest in filing a Resolution of Application to annex West Santa Ana Heights; the Santa Ana Country Club; and /or the unincorporated areas south of Mesa Drive assuming that the City can also assume redevelopment responsibilities for the area; and (C) Direct the City Manager to work with stakeholders like the City of Costa Mesa, the Santa Ana Heights Project Area Committee (PAC), the JWA Airport Director, and interested residents and businesses on any annexation action. OR 2) Authorize the Mayor to send a letter to the OC LAFCO stating the City's intent not to pursue any annexations at this time. 19. APPOINTMENTS BY THE CITY COUNCIL TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE, COASTAL/BAY WATER QUALITY CITIZENS ADVISORY COMMITTEE AND THE AVIATION COMMITTEE (contd. from 2/11/03). Action: Confirm the appointments to the Environmental Quality Affairs Citizens Advisory Committee, the Coastal/Bay Water Quality Citizens Advisory Committee and the Aviation Committee, as announced by each Council Member. Environmental Qualitv Affairs Citizens Affairs Committee (District 3) Council Member Webb's appointment of and (at -large member). (District 4) Council Member Adams' appointment of (regular member). (District 5) Mayor Bromberg's appointment of (regular member). (District 6) Council :Member Nichols' appointment of and (at -large member). SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS (District 7) Council Member Heffernan's appointment of _ (regular member). CoastalBav Water Qualitv Citizens Affairs Committee (District 3) Council ?Member Webb's appointment of (District 6) Council ?Member Nichols' appointment of Aviation Committee (District 1) Mayor Pro Tern Ridgeway's appointment of (alternate). (District 2) Council Member Proctor's appointment of and (alternate). (District 3) Council Member Webb's appointment of and (alternate). (District 4) Council Member Adams' appointment of and (alternate). (District 6) Council ?Member Nichols' appointment of and (alternate). (District 7) Council Member Heffernan's appointment of and 20. REFILLING OF VACANCIES ON THE GENERAL PLAN ADVISORY COMMITTEE (GPAC). Action: 1) Approve GPUC's recommendations to filling GPAC vacancies. Choose two of the three individuals nominated for the two vacancies in District 6. Choose someone to fill the vacant position representing "Older Commercials Areas'; and 2) Consider adoption of an attendance policy. 21. MARINAPARK RESORT PROJECT - PROPOSED AMENDMENT TO SUTHERLAND TALLA HOSPITALITY AGREEMENT Action: Approve the amended agreement between the City and Sutherland Talla Hospitality (STH). P. 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 he made only by one of the Council members who voted with the prevailing side. Q. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA - REGULAR MEETING MARCH 11, 2003 CONSENT CALENDAR S22. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2002 -2003 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2003 -2004. 1) Approve Balboa Village Business Improvement District 2002 -2003 Annual Report; and 2) adopt Resolution of Intention No. 2003 -_ and set the public hearing for March 25, 2003.