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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, November 12, 2002 Regular Council Meeting - 6:30 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://wwNN,.city.newport.-I)P.a(:h.(:a.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. H Please contact LaVonne arkless, 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 COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD November 12, 2002 STUDY SESSION— 4:00 p.m. CLOSED SESSION— [Refer to separate agenda from City Attorney] RECESS A. RECONVENE AT 6:30 P.M. FOR REGULAR MEETING B. ROLL CALL C. CLOSED SESSION REPORT (if annlicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION — Reverend Monsignor Daniel Murray, Out Lady of Mt. Carmel Catholic Church F. PRESENTATION Proclamation to Donald H. Glasgow in recognition of his service and dedication to the City of Newport Beach and the Village of Corona del Mar. G. NOTICE TO THE PUBLIC If you udsh 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 — 16) are considered by the Council to be routine and un:ll all be enacted by one motion in. the form listed below). The City Council Members have received detuiled .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 foncard 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 OCTOBER 22, 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. PLANNING DEPARTMENT FEE SCHEDULE UPDATE. Adopt. Ordinance No. 2002 -26 amending Exhibit "A" of Chapter 3.36 of'the NBMC pertaining to the percentage of Cost Recovery f'or Planning Department Fees; and adopt Resolution No. 2002 -_ updating the schedule of fees for the Planning Department. 4. CODE AMENDMENT NO. 2002 -005 (PA2002 -161) - BALBOA VILLAGE DESIGN GUIDELINES. Adopt Ordinance No. 2002 -27 (CA 2002 -005); and adopt Resolution No. 2002 -_ approving the Balboa Village Design Guidelines. RESOLUTIONS FOR ADOPTION 5. BALBOA YACHT BASIN RENTAL ADJUSTMENTS. Adopt Resolution No. 2002 -_ adjusting the slip and apartment, rental rates at the Balboa Yacht Basin and rescind Resolution No. 2001 -89, 6. MASTER LEASE/PURCHASE REFINANCING CONSOLIDATION. Approve the proposal received from Sun Trust Leasing Corporation to provide a master lease /purchase refinancing consolidation in the amount of approximately $1.9 million at a blended interest rate of 2.72% for five years; and adopt Resolution No. 2002 -_ authorizing the execution of the agreement with Sun Trust Leasing Corporation. 7. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2002, AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2003. 1) Approve Marine Avenue Business Improvement District 2002 Annual Report; and SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 2) adopt Resolution of Intention No. 2002 -_ and set the public hearing for December 10, 2002. 8. RESTAURANT BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2002, AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2003. 1) Approve Restaurant Association Business Improvement. District. 2002 Annual Report; and 2) adopt Resolution of Intention No. 2002 -_ and set the public hearing for December 10, 2002. 9. ROBINSON- SKINNER ANNUITY FOR NEWPORT BAY DREDGING AND ECOSYSTEM RESTORATION. 1) Adopt, Resolution No. 2002 -_ authorizing the Mayor to execute a Memorandum of Agreement (AIOA) between the City and the Regional Board relating to the City's administration of the Robinson- Skinner Annuity: and 2) adopt Council Policy H -5 relating to the administration of the Robinson - Skinner Annuity, 10. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISES TO SOUTHERN CALIFORNIA ENVIRONMENTAL AND PROGRESSIVE LAND CLEARING, DBA THOMAS DEMOLITION. Adopt Resolution of Intention No. 2002 -_ to award Non - exclusive Solid Waste Franchises to Southern California Environmental and Progressive Land Clearing, dba Thomas Demolition, and schedule the public hearing for November 26, 2002; and introduce Ordinance No. 2002 -_ granting Non - exclusive Solid Waste Franchises to Southern California Environmental and Progressive Land Clearing, dba Thomas Demolition, and pass to second reading on November 26, 2002. 11. PROPOSED JOINT POWERS AUTHORITY - INTEGRATED LAW AND JUSTICE AGENCY. .Adopt Resolution No. 2002 -_ authorizing the City of Newport Beach to participate in the Integrated Law and Justice Agency for Orange County (ILJAOC) and authorizing the Mayor to execute the Joint Powers Agreement (JYA) associated with the City's participation. CONTRACTS AND AGREEMENTS 12. BALBOA VILLAGE IMPROVEMENTS - PHASE II — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT (C- 3527). Authorize the Mayor and the City Clerk to execute a Professional Services Agreement with Psomas to provide construction engineering services for the Balboa Village Improvements Phase 2 for a fee of $50,000. 13. NEWPORT COAST COMMUNITY CENTER PROFESSIONAL SERVICES AGREEMENT FOR GEOTECHNICAL SERVICES. 1) Approve a Professional Services Agreement with Pacific Soils Engineering, Inc., and authorize the Mayor and the City Clerk to execute the agreement; and 2) approve a budget amendment (BA -021) appropriating $45,720.00 from the unappropriated balance Newport, Coast Annexation Fund No. 298 to Account No. 7298- C5100705. 14. ADDING A FIFTH INVESTMENT ADVISER. Authorize the City Manager to sign a contract establishing an investment adviser relationship between the City and MBIA Municipal Investors Service Corporation. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 15. REAL PROPERTY LEASE FOR 709 E. BALBOA BOULEVARD AND UNITS 5 AND 6, 111 MAIN STREET. Approve lease. MISCELLANEOUS ACTION 16. RECOMMENDATION FOR APPROVAL OF DATE FOR NEWPORT CLASSIC SURF CONTEST. Approve the dates of February 1 -2, 2003 for the Newport Classic Surf Contest at 5611, Street. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. 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 Status report — Ad Hoc General Plan Update Committee (GPUC) Status report — Local Coastal Program Certification Committee M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 17. PLANNING COMMISSION AGENDA FOR NOVEMBER 7, 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 HEARINGS 18. UNDERGROUNDING UTILITIES IN PROPOSED ASSESSMENT DISTRICT NO. 86 (PENINSULA POINT) ALLEY BOUNDED BY: OCEAN BOULEVARD AND EAST OCEAN FRONT BETWEEN "G" STREET AND CHANNEL ROAD AND DESIGNATION OF THIS AREA AS AN UNDERGROUND UTILITIES DISTRICT. Action: 1) Open public hearing on the formation of Assessment District No. 86; 2) Hear testimony from those who desire to speak; 3) Close the public hearing; 4) Count ballots; and 5) If more "yes' votes than "no" votes have been submitted, and if it is desired to form the district, take the following actions: a. Adopt Resolution No. 2002 -_ approving contracts for utility improvements; and b. Adopt Resolution No. 2002 -_ declaring the results of the ballot tabulation, confirming the assessment, ordering the acquisition of improvement, approving the Assessment Engineer's Report, and designating the area an Underground Utilities District for Assessment District No. 86 Peninsula Point. OR 6) If desired, abandon the proceedings. 19. APPEAL OF THE PLANNING COMMISSIONS APPROVAL OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS (LDS) NEWPORT BEACH TEMPLE (to be heard at 7.•30 p.m.). Action: 1) Conduct public hearing; and 2) Uphold or modify the decision of the Planning Commission to approve the LDS Temple project. O. 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. P. ADJOURNMENT — in memory of Paul Lee Hummel. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.