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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, July 22, 2003 Regular Council Meeting - 7:00 p.m. STEVEN BROMBERG MAYOR TOD W. RIDGEWAY GARY ADAMS Mayor Pro Tern 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 July 22, 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 — Mrs. Marianne Scott, First Church of Christ Scientist F. PRESENTATIONS Community Health Charities 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 (I — 19) 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 boxprovided at the podium. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF JULY 8, 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 ADOPTION 3. TRANSIENT OCCUPANCY TAX (TOT) AND VISITOR SERVICE FEE ORDINANCE REVISIONS. Adopt Ordinance No. 2003 -12 revising the Transient Occupancy Tax and Ordinance No. 2003 -13 revising the Visitor Service Fee Ordinance. RESOLUTIONS FOR ADOPTION 4. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE & NECESSITY (APPLICANT — ACME CAB COMPANY PEDICAB SERVICE) (contd. from 7 /8/03). Table. 5. WEST SANTA ANA HEIGHTS/EMERSON TRACT — GENERAL PLAN AMENDMENTS INITIATION (PA 2003 -149). Adopt Resolution No. 2003 initiating amendments to the General Plan (GPI 2003 -004 and GPI 2003 -005). 6. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR 2002 -2003 FISCAL YEAR; AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR 2003 -2004 FISCAL YEAR. 1) Approve the Corona del Mar Business Improvement District 2002 -2003 Annual Report; and 2) adopt Resolution of Intention No. 2003 - to Levy Assessments and set the public hearing for August 12, 2003. CONTRACTS AND AGREEMENTS 7. LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT — AWARD OF CONTRACT (C- 3538). 1) Approve the plans and specifications; 2) affirm the categorical exemption; 3) award the contract (C -3538) to DenBoer Engineering and Construction, Inc. for the total bid amount of $634,074 and authorize the Mayor and SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS the City Clerk to execute the contract; 4) establish an amount of $50,000 to cover the cost of unforeseen work; and 5) approve a budget amendment (BA -003) in the amount of $111,740 from Account No. 7013- C5100277 to Account No. 7013- C5100673. 8. ZONE III AND IV PUMP STATION ELECTRICAL IMPROVEMENTS (C -3417) — 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. 9. ENCROACHMENT AGREEMENT WITH HOAG HOSPITAL FOR RETAINING WALL TIE -BACKS INTO UNIMPROVED SUPERIOR AVENUE RIGHT -OF- WAY (1 HOAG DRIVE). 1) Approve an Encroachment Agreement between the City of Newport Beach and Hoag Hospital permitting the construction of tie -backs within the Superior Avenue right -of -way; 2) authorize the City Manager and City Clerk to execute the Agreements; and 3) authorize and direct the City Clerk to have the Encroachment Agreement recorded with the Orange County Recorder. 10. FUEL SYSTEM UPGRADES — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3547). 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. TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3587). 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. 12. BONITA CANYON SPORTS PARK — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3270). 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. 13. AWARD OF ALLEY SWEEPING AGREEMENT. Approve agreement with Sunset Property Services to provide twice per month alley sweeping at an annual cost of $61,896.80. 14. CONTRACT AWARD FOR STORM DRAIN AND V -DITCH CLEANING SERVICES. Approve contract agreement to Justin's Jetting for an amount not to exceed $135,210. MISCELLANEOUS ACTIONS 15. APPROVAL OF 2003/04 CULTURAL ARTS GRANTS. Approve recommended recipients for FY 2003/04 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Policy I -12 — Reserve Fund for Culture and Arts. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 16. REQUEST BY CITY ARTS COMMISSION FOR CITY COUNCIL TO ACCEPT DONATION OF ART FOR INCLUSION IN CITY ART COLLECTION. Accept donation of original work titled "Welcome to Balboa" created by artist, Jane Hill. 17. BUDGET AMENDMENT FOR REMODEL OF EQUIPMENT MAINTENANCE FACILITY. Approve budget amendment (BA -002) in the amount of $18,000, increasing revenue estimates in Account 610 -6830 and increasing expenditures in Account 7611- C6110739 to fund the remodel of a portion of the Equipment Maintenance facility at the Corporation Yard. 18. MARINERS LIBRARY STATUS REPORT. Receive and file 19. UPPER BAYVIEW LANDING PARK/SENIOR HOUSING PAYMENT OF PRELIMINARY ENGINEERING — J.C. TRUXAW & ASSOCIATES. Approve the payment to Joseph C. Truxaw and Associates for Professional Engineering Services in conjunction with the City's share of preliminary engineering for the joint project, Upper Bayview Landing Park and Senior Affordable Housing, with The Related Companies of California in the amount of $40,592.17, which will come from the CIOSA fund. 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 M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 20. PLANNING COMMISSION AGENDA FOR JULY 17, 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. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS N. PUBLIC HEARING Le 21. GENERAL PLAN AMENDMENT NO. 2003 -003, LOCAL COASTAL PROGRAM AMENDMENT NO. 2003 -002, CODE AMENDMENT NO 2003 -005 (PA2003 -099) — LEGERE PROPERTY (813 EAST BALBOA BOULEVARD). Action: 1) Conduct public hearing; 2) Approve the applications by adopting Resolution No. 2003- _ and introducing Ordinance No. 2003 -, and pass to second reading on August 12, 2003. 22. APPOINTMENTS BY THE CITY COUNCIL TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE AND THE AVIATION COMMITTEE (contd. from 6/24103). Action: Confirm the appointments to the Environmental Quality Affairs Citizens Advisory Committee and the Aviation Committee, as announced by each Council Member. Environmental Quality Affairs Citizens Affairs Committee (District 3) Council Member Webb's appointment of (regular member). (District 4) Council Member Adams' appointment of (regular member). Aviation Committee (District 4) Council Member Adams' appointment of (alternate). P. CURRENT BUSINESS 23. COUNCIL APPROVAL OF A PARK PATROL PROGRAM. Action: 1) Approve the Parks, Beaches & Recreation Commission's recommendation for the creation and implementation of a self- supporting Park Patrol Program at a cost of $47,953 per year; and 2) Approve a revision to City Council Policy B -13 — Public Use of City Facilities to add a new fee classification for Youth Sports Commission Member Organizations (YSCMO) charging $1 per hour for use of athletic facilities, raising approximately $19,000 in revenue to offset the cost of the Park Patrol Program. 24. RECYCLING SERVICE FEE. Action: Adopt Resolution No. 2003 - authorizing the recycling service fee to be set at $2.66 per month per residential unit effective August 1, 2003; and rescind Resolution No. 2002 -39. 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 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 — In memory of Buddy Ebsen SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS