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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, July 8, 2003 Regular Council Meeting - 7:00 p.m. STEVEN BROMBERG MAYOR TOD W. RIDGEWAY Mayor Pro Tern GARY L. PROCTOR Council Member DON WEBB Council Member GARY ADAMS 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 8, 2003 — Cancelled CLOSED SESSION — [Refer to separate agenda from City Attorney] RECESS NEWPORT BEACH PUBLIC FACILITIES AUTHORITY MEETING — 7:00 pan. [Refer to separate agenda and staff report] 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 Praveen Bunyan, St. James Episcopal Church F. PRESENTATIONS Proclamation for 50th Anniversary of the Boy Scout Jamboree United Way Presentation of City of the Year Award. G. NOTICE TO THE PUBLIC If you wish to address the Council, please /'ill 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 — 9) 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 box provided at the podium. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JUNE 24, 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 INTRODUCTION 3. TRANSIENT OCCUPANCY TAX (TOT) AND VISITOR SERVICE FEE ORDINANCE REVISIONS. Introduce Ordinance No. 2003 -_ revising the Transient Occupancy Tai and Ordinance No. 2003 revising the Visitor Service Fee Ordinance, and pass to second reading on July 22, 2003. RESOLUTIONS FOR ADOPTION 4. ADOPT RESOLUTION FOR STREET SWEEPING IN THE SANTA ANA HEIGHTS AND BAY KNOLLS COMMUNITIES. 1) Adopt Resolution No. 2003- ` replacing County of Orange NO PARKING restrictions with City of Newport Beach NO PARKING restrictions for street sweeping on Thursdays from 8:30 a.m. to 12:30 p.m. in the Santa Ana Heights and Bay Knolls communities; and 2) rescind Resolution No. 2003 -16. 5. EXTENSION OF THE TERM OF THE LOCAL COASTAL PROGRAM (LCP) CERTIFICATION COMMITTEE. Adopt Resolution No. 2003 extending the term of the LCP Certification Committee. 6. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE & NECESSITY (APPLICANT — ACME CAB COMPANY PEDICAB SERVICE). Approve a trial period of four months for the operation of Acme Pedicab with conditions specified by the Police Department and the Transportation and Development Services Manager, and adopt Resolution No. 2003 delegating the authority to the City Manager to determine which streets, sidewalks and rights -of- way are appropriate for use during the trial period. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. CONTRACTS AND AGREEMENTS 2002 -2003 TRAFFIC SIGNAL UPGRADES — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3529). 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. S. JAMBOREE ROAD STREET REHABILITATION PROJECT FROM EASTBLUFF DRIVE/FORD ROAD TO BISON AVENUE — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT (C- 3625). Approve a Professional Services Agreement with Dewan, Lundin & Associates, Inc. for professional engineering services for a contract price of $41,055 and authorize the Mayor and the City Clerk to execute the Agreement. 9. NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION — AWARD OF CONTRACT (C- 3618). 1) Approve the plans and specifications; 2) award the contract (C -3618) to Haitbrink Asphalt Paving for the total bid price of $85,925 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $7,075 to cover the cost of unforeseen work; 4) approve a budget amendment (BA -001) appropriating $12,000 from the unappropriated balance of the Tide and Submerged Land Fund to Account No. 7231- C5100713; and 5) approve a budget amendment (BA -001) appropriating $6,000 to Contributions Account No. 7251- C5100713 and increase revenue estimates by $6,000 into Account No. 250 -4858 to reflect the additional Newport Mesa Unified School District contribution for the beach playground improvements. 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 10. PLANNING COMMISSION AGENDA FOR JULY 3, 2003 [Meeting cancelled]. N. PUBLIC HEARING 11. AGREEMENT BETWEEN THE CITY AND THE ORANGE COUNTY DEVELOPMENT AGENCY REGARDING A FIRE STATION AND COMMUNITY CENTER IN SANTA ANA HEIGHTS. Action: 1) Conduct public hearing; and 2) Enter into an agreement with the County of Orange ( "County ") and the Orange County Development Agency ( "Agency') to acquire real property for a regional community center and fire station to construct a permanent fire station in Santa Ana Heights. O. CONTINUED BUSINESS 12. CORONA DEL MAR STATE BEACH — BEACHGOER AMENITY IMPROVEMENT PROJECT (contd. from 6/24/03). Action: 1) Approve conceptual site plan and draft facilities concept for replacement facilities at Corona del Mar State Beach; 2) Affirm the Categorical Exemption (attached to staff report); and 3) Direct staff to proceed with the full site plan and facilities concept by phasing the full project to reflect available funds and by seeking additional funding for its completion. P. CURRENT BUSINESS 13. FILLING OF TWO VACANCIES ON THE GENERAL PLAN ADVISORY COMMITTEE (GPAC). Action: Appoint new members to two vacancies on GPAC. 14. IMPACT OF REDISTRICTING ON COUNCIL APPOINTMENTS. Action: That City Council take whatever action it deems appropriate. 15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DISAPPROVING COMMENTS MADE BY COUNCIL MEMBER RICHARD NICHOLS THAT STEREOTYPE OR EVIDENCE AN INTOLERANCE OF PEOPLE OF HISPANIC ORIGIN AND THAT INDICATE HE HAS FORMED A POSITION RELATIVE TO CERTAIN ASPECTS OF A CITY PROJECT BASED ON THE FACT THAT PEOPLE OF HISPANIC ORIGIN WOULD BE USING PUBLIC PROPERTY AND REQUESTING HIS RESIGNATION. Action: That City Council take whatever action it deems appropriate. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 16. REPORT ON COUNCIL MEMBER NICHOLS' COMMITTEE ASSIGNMENTS. Action: That City Council take whatever action it deems appropriate. 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.