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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, October 9, 2001 Regular Council Meeting - 7:00 p.m. GARY ADAMS MAYOR TOD W. RIDGEWAY STEVEN BROMBERG 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 October 9, 2001 — 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 aunlicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION — Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal Parish Church. F. PRESENTATION Presentation of Art to the City by the City Arts Commission. 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 (1— 10) 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 sunless 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 SEPTEMBER 25, 2001. 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. RESOLUTION FOR ADOPTION 3. RESOLUTION AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS OF THE CITY CLERK'S OFFICE AS PROVIDED BY SECTION 17200 OF THE ELECTION CODE OF THE STATE OF CALIFORNIA. Adopt Resolution No. 2001 authorizing the destruction of initiative petitions for Measure S and Measure T. CONTRACTS AND AGREEMENTS 4. BEACH RESTROOM REHABILITATION — 15TH STREET, NEWPORT PIER, 58TH STREET AND ORANGE STREET, AWARD OF CONTRACT (C- 3377). 1) Approve the plans and specifications; 2) award the contract (C -3377) to BB Construction for the total bid price of $158,000 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $15,800 to cover the cost of testing and unforeseen work. 5. BONITA CREEK SPORTS PARK LIGHTING REPLACEMENT — AWARD OF CONTRACT (C- 3439). 1) Approve the plans and specifications; 2) award the contract (C -3439) to Baxter - Griffin Company, Inc. for the total bid price of $74,512 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $7,400 to cover the cost of unforeseen work. 6. BALBOA VILLAGE IMPROVEMENT PHASE I — AWARD OF CONTRACT (C- 3333). 1) Approve the plans and specifications; 2) award the contract (C -3333) to GCI Construction, Inc. for the total bid price of $3,256,935.05 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $325,700 to cover the cost of unforeseen work. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. JWA SETTLEMENT AGREEMENT EXTENSION — PUBLIC INFORMATION PROGRAMIMCNALLY TEMPLE AGREEMENT. 1) Authorize the City Manager to execute a contract with McNally Temple for implementation of the proposed mail program consistent with the proposal attached to the staff report; and 2) approve a budget amendment (BA -012) to appropriate $351,000 to Account #0100 - 0121 -8080 from unappropriated reserves to fund the mail program. MISCELLANEOUS ACTIONS 8. LOCAL LAW ENFORCEMENT BLOCK GRANT — CRIME PREVENTION PROGRAM. Receive public comments and accept continued funding of the Crime Prevention Program under the provisions of the United States Department of Justice Local Law Enforcement Block Grant 2000 -LB -VX -0442 and its successor under the federal 2000/2002 budget period (currently in the application process). 9. HUMAN SERVICES GRANTS FOR 2001 -2002. Authorize the distribution of grants totaling $25,000 from Fund #010 -20- 0100 -8254 to various Human Services organizations that serve the Newport Beach community. 10. THE HEALTH RISK ASSESSMENT FOR NEWPORT BAY. 1) Authorize the Mayor to send a letter to the Regional Board stating the City of Newport Beach's official position that the Health Risk Assessment for the Newport Beach Watershed: a) is based on poor science and is therefore fatally flawed; b) should not be used by the Regional Board to determine policy relating to the Fecal Cohform TMDL; and c) should be set aside, with no further resources being spent upon it; and 2) authorize the Assistant City Manager to co -sign a letter from the watershed partners stating the City's formal position and also stating the partners' collective belief that the Assessment ('s): a) is based on poor science and may have fatal flaws; b) should not be used by the Regional Board to determine policy relating to the Fecal Coliform TMDL; c) may, if recommended by a majority of the partners, be subject to a 3rd party review and that this 3rd party review should be done by the State Department of Health Services (DHS); and d) review by DHS should be a launching point for further studies of Newport Bay that more accurately examine the health risks of swimming in the Bay. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 11. PLANNING COMMISSION AGENDA FOR OCTOBER 4, 2001. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. N. CURRENT BUSINESS 12. RESOLUTION RELATING TO THE RECEIPT OF STATE GRANTS: BUCK GULLY, BIG CORONA, CLEAN BEACHES INITIATIVE, WATER QUALITY TESTS. Action: 1) Adopt Resolution No. 2001 authorizing the Mayor to accept four State grants as follows: a) $222,025 from Proposition 13 for restoration and water quality improvements in Buck Gully; b) $479,000 from Proposition 12 for visitor- serving improvements at Corona del Mar State Beach (Big Corona); C) $500,000 from Governor Davis' Clean Beaches Initiative for projects that reduce beach postings and closures in Newport Bay and along Newport Beach's ocean beaches; and d) $400,000 for water quality testing and studies associated with the Fecal Coliform TMDL; 2) Authorize the City Manager to include these grants and related scopes of work for each project in the City's FY 2001- 02 Capital Improvement Program (CIP); and 3) Approve a budget amendment (BA -011) incorporating the grants into the FY 2001 -02 CIP. 13. MARINE STUDIES CENTER AT SHELLMAKER ISLAND. Action: 1) Payment, from the American Trader oil spill account, of the costs of leasing and installing a temporary facility (a triple - wide mobile unit) to house the County Health Care Agency's water quality lab; 2) The City Manager to execute an interim cooperative agreement, short term lease or right of entry with DFG authorizing installation of the temporary facility to house the water quality lab; SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 3) The City Manager to develop, and submit for City Council approval, a cooperative agreement with other participants that establishes the process for the planning, design, construction and operation of the Marine Studies Center; and 4) The City Manager to execute contracts with Ron Yee (Architect) for planning and design services, Rick Ware (Biologist) for habitat restoration, and a geotechnical firm for a soil analysis of the site. The total contract price of each agreement shall not exceed $30,000 and all contracts shall be paid from the American Trader oil spill account. 14. A WATER QUALITY WISH LIST — WHAT NEWPORT BEACH COULD DO WITH $5 MILLION FOR WATER QUALITY. Action: Offer suggestions for implementation. 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.