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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, July 25, 2000 Regular Council Meeting - 7:00 p.m. JOHN E. NOYES MAYOR GAROLD B. ADAMS NORMA J. GLOVER Mayor Pro Tern TOD W. RIDGEWAY Council Member JAN DEBAY Council Member 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 July 25, 2000 PUBLIC FACILITIES CORPORATION MEETING — 5:00 p.m. [Refer to separate agenda and staff report] STUDY SESSION — 5:00 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 Lloyd Dalton, Design Engineer, Public Works Department. Presentation of Cultural Arts Grants for FY 2000 -01. 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- 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 - 17) 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 REGULAR MEETING OF JULY 11, 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. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL, ANNUAL REPORT FOR 1999 -2000 FISCAL YEAR, AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR 2000 -2001 FISCAL YEAR. 1) Approve Corona del Mar Business Improvement District 1999 -2000 Annual Report; and 2) adopt Resolution of Intention No. 2000 - to levy for 2000 -2001 Fiscal Year and set the public hearing for August 22, 2000. 4. IMPLEMENTATION OF ENHANCED RETIREMENT FOR SAFETY EMPLOYEES. Adopt Resolution No. 2000 - declaring the City's intention to approve an amendment to the contract between the Board of Administration, California Public Employees' Retirement System and the City Council, City of Newport Beach. CONTRACTS AND AGREEMENTS 5. 2000 -2001 SLURRY SEAL PROJECT - AWARD OF CONTRACT (C- 3351). 1) Approve the plans and specifications; 2) award the contract (C -3351) to California Pavement Maintenance Company, Inc. for the total bid price of $334,340 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $33,000 to cover the cost of testing and unforeseen work. 6. CENTRAL BALBOA WATER, SEWER & ALLEY IMPROVEMENTS AND WEST NEWPORT BEACH SEWER MAIN REPLACEMENT, PHASE II - (C -3278) - 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. portions of the Civil Code; and 4) release the Faithful Performance Bond six months after Council acceptance. 7. DOVER DRIVE, WESTCLIFF AND DOVER SHORES STREET REHABILITATION (C -3317) - 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 year after Council acceptance. 8. PURCHASE OF SOFTWARE FOR RECREATION SCHEDULING. Authorize the agreement with Sierra Digital for $59,200 for the acquisition of software for recreation activity registration and facility reservations, subject to prior review and approval by the City Attorney's office. MISCELLANEOUS ACTIONS 9. PLANNING COMMISSION AGENDA FOR JULY 20, 2000. Receive and file. 10. BUDGET AMENDMENT (BA -002) FOR CONSTRUCTION OF PUMPOUT FACILITY AT FERNANDO STREET DOCK. Approve BA -003 in the amount of $36,000 to increase revenue estimates and increase expenditure appropriations following receipt of State Boating and Waterways Grant. 11. BUDGET AMENDMENT (BA -003) TO TRANSFER $125,802 FROM THE LIBRARY LIABILITY ACCOUNT 800 -2248, DONATIONS GIVEN TO THE LIBRARY FOR DEDICATED PURPOSES FOR THE PURCHASE OF LIBRARY MATERIAL, TO REVENUE ACCOUNT 4010 -5901. Approve BA -003. 12. TRAFFIC CONTROL ON MARGUERITE AVENUE AT SANDCASTLE DRIVE (contd. from 7/11/00). 1) Deny request for STOP signs on Marguerite Avenue at Sandcastle Drive; and 2) direct staff to prepare plans for re- striping Marguerite Avenue in the vicinity of Sandcastle Drive as shown on Alternate A. 13. ANNUAL RECYCLING REPORT. Receive and file. 14. AMENDMENT TO COUNCIL POLICY I -8 REGARDING BIKE, FOOT RACE AND SURF POLICY. Approve revised Council Policy I -8. 15. PROPERTY INSURANCE RENEWAL. Approve the renewal of the entire property insurance coverage outlined in Attachment A of the staff report for FY 2000 -01 for a total premium of $328,604. 16. GENERAL LIABILITY EXCESS INSURANCE RENEWAL. Approve the renewal of the excess general liability insurance coverage with ICW for FY 2000 -01 for $268,000 in annual premium and for FY 2001 -02 for a total premium not to exceed $294,800 as indicated by the rate guarantee. 17. STAFF SUPPORT FOR THE ARTS FOUNDATION. Deny request based on Council Policy A -5, unless Council believes an exception to the policy is warranted. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. 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 hinit comments to 3- ininutes. Before speaking, please state your name and address for the record. PUBLIC HEARING 18. APPEAL OF PLANNING COMMISSIONS DENIAL OF VARIANCE NO. 1237 - NAVAI RESIDENCE - 1201 KINGS ROAD - REQUEST TO PERMIT THE CONSTRUCTION OF A SECOND STORY ADDITION TO AN EXISTING SINGLE FAMILY DWELLING, PORTIONS OF WHICH WILL EXCEED THE 24 FOOT HEIGHT LIMIT RANGING FROM 1 FOOT TO 9 FEET (JIM NAVAI, APPELLANT) (contd. from 6/27/00). Action: 1) Conduct appeal hearing: 2) Uphold the decision of the Planning Commission by denying the appeal. 19. SANTIAGO DRIVE/HOLIDAY ROAD AREA TRAFFIC CALMING. Action: 1) Approve the concept of using landscaped islands to reduce speeds on Santiago Drive and Holiday Road between Irvine and Tustin Avenues; and 2) Direct staff to retain a landscape architect or new consultant to assist in the final design and plan preparation for the traffic calming measures. 20. ANALYSIS OF PROTECTION FROM TRAFFIC AND GROWTH INITIATIVE (contd. from 6/27/00 and 7/11/00). Action: Receive and file, and make copies of the report available to the public and on the City's web site. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. CURRENT BUSINESS 21. CERTIFICATION OF THE PETITION ENTITLED "NEWPORT BEACH TRAFFIC PLANNING AND IMPROVEMENTS; TRAFFIC PHASING ORDINANCE" AND ADOPTION OF A RESOLUTION SETTING THE ELECTION DATE. Action: 1) Approve the certification of the "Newport Beach Traffic Planning and Improvements; Traffic Phasing Ordinance" petition from the Registrar of Voters, County of Orange, as presented by the City Clerk; and 2) Adopt Resolution No. 2000 - calling and giving notice of the holding of an election for the submission of the proposed charter amendment to be held on (consolidated with the County of Orange). 22. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES - LEAGUE ANNUAL CONFERENCE - SEPTEMBER 7 -9, 2000 IN ANAHEIM. Action: Designate as the City's Voting Delegate for the Conference and as the Voting Alternate. 23. WEB SITE LINKS. Action: 1) "Freeze" the current web page links until a Council- approved policy is in place; 2) Remove the Chamber's links until after the November election; or 3) Add a link for the Greenlight proponents in order to provide balance for the issue. 24. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT -OF -WAY ADJACENT TO 2804 BROAD STREET, NEWPORT HEIGHTS (N2000 -240) Action: 1) Deny the request or 2) Approve the application subject to: A. Execution of an Encroachment Agreement for non - standard improvements. 1. Authorize the Mayor and the City Clerk to execute the Agreement. 2. Authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder. B. An Encroachment Permit issued by the Public Works Department. C. A Building Permit issued by the Building Department. D. Modification Committee approval. 3) Revise City Council Policy L -6 to omit L- 6.D.Lb. for Broad Street. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.