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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, June 11, 2002 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR STEVEN BROMBERG GARY ADAMS Mayor Pro Tern Council Member GARY L. PROCTOR Council Member NORMA J. GLOVER Council Member DENNIS D. O'NEIL 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, 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 June 11, 2002 STUDY SESSION - 4:00 p.m. CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS xxxxxxxxxxxxxxxxxxx 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 - Jim deBoom, Executive Director, Newport Mesa Irvine Inter -Faith Council F. PRESENTATIONS Proclamation declaring June 218E as the beginning of our "Salute to Summer Celebration" and declaring Ruby's Diner an outstanding contributor to the citizens of Newport Beach. Proclamation for Dr. Jan Vandersloot recognizing him for receiving a 2002 Environmental Excellence Award from the Orange County League of Conservation Voters. G. NOTICE TO THE PUBLIC If you wish to address the Council, please fill out the yellow sign -ill 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 — 18) 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 of& 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 MAY 28, 2002. 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 ADOPTION 3. MODIFICATION TO SECTION 11.12.150 — SWIMMING REGULATIONS — DIVING OR JUMPING FROM PUBLIC PROPERTY. Adopt Ordinance No. 2002 -11. RESOLUTIONS FOR ADOPTION 4. ADOPTION OF REVISED EMERGENCY MANAGEMENT PLAN (EMP). Adopt Resolution No. 2002 -_ revising the City's Emergency Management Plan pursuant to Chapter 2.20 of the Newport Beach Municipal Code and directing staff to submit it to the State of California Office of Emergency Services. 5. FOURTH OF JULY STREET CLOSURE RESOLUTION. Adopt Resolution No. 2002 - authorizing the Police Department to temporarily close, or divert traffic from portions of Seashore Drive, Balboa Boulevard and Newport Boulevard during the Fourth of July holiday, to install temporary boundaries on Seashore Drive and to close certain parking lots. 6. RECYCLING SERVICE FEE. Adopt Resolution No. 2002 -_ authorizing the recycling service fee to be set at $2.46 per month per residential unit effective July 1, 2002. 7. CALIFORNIA STATE COASTAL CONSERVANCY GRANT. Adopt Resolution No. 2002 -_ authorizing the City Manager, on behalf of the City, to execute an agreement with the California Coastal Conservancy for a grant for the Castaways Park Revegetation Plan. 2 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. CONTRACTS AND AGREEMENTS 8. MARINERS DRIVE SPILLWAY (C -3390) — 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. BEACH RESTROOM IMPROVEMENTS — 15TH STREET, NEWPORT PIER, 58TH STREET AND ORANGE AVENUE (C -3377) — 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. 10. APPROVAL OF SUBDIVISION AGREEMENT FOR PARCEL MAP NP2001- 010 (COUNTY PARCEL MAP NO. 2001 -140). 1) Approve a Subdivision Agreement guaranteeing completion of the public improvements required with Parcel Map NP2001.010; and 2) authorize the Mayor and the City Clerk to execute the Agreement. 11. JAMBOREE ROAD MEDIAN IMPROVEMENTS — AWARD OF CONTRACT (C- 3459). 1) Approve the plans and specifications; 2) allow Oakridge Landscape, Inc. to withdraw their bid; 3) award the contract (C -3459) to Mega Way Lighting Inc. for the total bid price of $250,055.73 and authorize the Mayor and the City Clerk to execute the contract; 4) establish an amount of $25,000 to cover the cost of unforeseen work and testing; and 5) approve a budget amendment (BA -046) authorizing an increase of $100,300 to Account No. 7261- C5100580 from the unappropriated balance of the Transportation and Circulations Fund. 12. COOPERATIVE AGREEMENT BETWEEN THE CITY OF COSTA MESA AND THE CITY OF NEWPORT BEACH FOR THE CONSTRUCTION OF MEDIAN LANDSCAPING AND HARDSCAPE IMPROVEMENTS ON IRVINE AVENUE BETWEEN WESTCLIFF DRIVE AND DOVER DRIVE (C- 3279). Approve the Cooperative Agreement between the City of Newport Beach and the City of Costa Mesa, and authorize the Mayor and the City Clerk to execute the Agreement. 13. IRVINE AVENUE MEDIAN IMPROVEMENTS FROM WESTCLIFF DRIVE TO DOVER DRIVE — AWARD OF CONTRACT (C- 3279). 1) Approve the plans and specifications; 2) award the contract (C -3279) to Southland Construction for the total bid price of $189,100 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $18,900 to cover the cost of testing and unforeseen work; and 4) approve a budget amendment (BA -045) appropriating an additional $23,000 to Contributions Account No. 7251- C5100488 and increasing revenue estimates by $23,000 in Account No. 250 -5901. 14. STREET IMPROVEMENTS — MONROVIA AVENUE FROM 15TH TO 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE — AWARD OF CONTRACT (C- 3471). 1) Approve the plans and specifications; 2) award the contract (C -3471) to Ben's Asphalt, Inc. for the total bid price of $202,249 and authorize the Mayor and the City Clerk to execute the contract; SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS and 3) establish an amount of $20,000 to cover the cost of unforeseen work and testing. 15. PROFESSIONAL SERVICES AGREEMENT FOR HAZARDS ASSESSMENT. Approve the professional services agreement with Earth Consultants International to conduct a study of potential health and safety hazards for the updates of the Local Coastal Program (LCP) and the General Plan. MISCELLANEOUS ACTIONS 16. PUBLIC HEARING - REVOCATION OF MOORING PERMITS (contd. from 5/14/02). Refer mooring revocations for moorings C -11 and A -225 to the Harbor Commission for their review and recommendation. 17. APPROVE A BUDGET AMENDMENT TO TRANSFER $14,000 FROM THE LIBRARY DISTINGUISHED SPEAKER LECTURE SERIES LIABILITY ACCOUNT TO VARIOUS EXPENSE ACCOUNTS. Approve BA -044. 18. RECOMMENDATION FROM ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE REGARDING MANSIONIZATION. Direct the General Plan Update and Advisory Committees to monitor public input on mansionization, and advise the City Council on the need for action prior to the General Plan update. 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 and address for the record. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 19. PLANNING COMMISSION AGENDA FOR JUNE 6, 2002. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. N. PUBLIC HEARING 20. FISCAL YEAR 2002 -03 PROPOSED BUDGET HEARING. P. Action: 1) Conduct public hearing; and 2) After taking public input, prepare a "checklist" of proposed changes to the proposed budget that will be reviewed by the City Council at the meeting of June 25, 2002 and direct the preparation of the Budget Resolution for adoption at the Council Meeting of June 25, 2002, including any "checklist" items that are recommended for approval. 21. ADOPTION OF THE ANNUAL APPROPRIATION (GANN) LIMIT. Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 2002 -_ approving the City's Appropriation (Gann) Limit for the 2002 -03 fiscal year in the amount of $94,769,006. 22. PACIFIC BAY HOMES (PA2001 -250) - ONE FORD ROAD - APPEAL OF THE PLANNING COMMISSION DECISION TO DENY A REQUEST TO AMEND THE PLANNED COMMUNITY DEVELOPMENT PLAN TO ALLOW THE INSTALLATION OF INDEPENDENT KITCHEN FACILITIES WITHIN GUEST COTTAGES. THE 11 PROPERTIES ASSOCIATED WITH THE REQUEST ARE IDENTIFIED AS PARCEL NOS. 1 THROUGH 8 (ON TROON DRIVE) AND LOTS 9 AND 13 (ON TURNBERRY DRIVE) OF TRACT MAP NO. 15387 AND LOT NO. 21 (ON HONORS DRIVE) OF TRACT MAP NO. 15389. Action: 1) Open public hearing; and 2) Continue hearing to June 25, 2002 23. BOARD AND COMMISSION SCHEDULED VACANCIES. Action: Confirm the nominations made by the Ad Hoc Appointments Committee (as listed); direct the City Clerk to re- advertise the current vacancy on the Board of Library Trustees; and confirm the Mayor's appointment of ---- - - - - -- - - - - -- and ---- - - - - -- to serve on the ad -hoc appointments committee to review the applications for the Board of Library Trustees. 24. MARINERS LIBRARY JOINT USE PROJECT - APPROVAL OF COOPERATIVE AND EXCHANGE OF REAL PROPERTY AGREEMENTS, NOTICE OF EXEMPTION, AND RESOLUTION NO. 2002 -_ AUTHORIZING SUBMITTAL OF GRANT APPLICATION PACKAGE. Action: 1) Approve a Cooperative Agreement for the Joint Mariners Library Project with the Newport -Mesa Unified School SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. District and authorize the Mayor and the City Clerk to execute the Agreement; 2) Approve an Exchange of Real Property Agreement and Joint Escrow Instructions with the Newport -Mesa Unified School District for the Mariners Library Project and authorize the Mayor and City Clerk to execute the Agreement; 3) Approve Notice of Exemption; and 4) Adopt Resolution No. 2002 - certifying the project budget, local funding commitment, supplemental funds, and public library operation of the Joint Mariners Library Project between the City of Newport Beach and the Newport -Mesa Unified School District. 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 xxxr•rr * * *xx•••• * ** SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS