HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, February 12, 2002
Regular Council Meeting
TOD W. RIDGEWAY
MAYOR
STEVEN BROMBERG
Mayor Pro Tern
GARY L. PROCTOR
Council Member
NORMA J. GLOVER
Council Member
7:00 p.m.
GARY ADAMS
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
February 12, 2002
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 - Rabbi Mark S. Miller, Temple Bat Yahm
F. PRESENTATION
United Way Presentation by Dan Ohl, City's United Way Representative
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 — 17) are considered by the Council to be
routine and will all be enacted by one motion iu 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 ADJOURNED REGULAR AND REGULAR MEETING OF
JANUARY 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. ESTABLISH SPEED LIMITS ON STREETS THAT WERE RECENTLY
ANNEXED BY THE CITY OF NEWPORT BEACH. Adopt Ordinance No. 2002 -4
amending Chapter 12.24 (Special Speed Zones) of the NBMC to add streets recently
relinquished to or annexed by the City of Newport Beach.
4. AMENDMENT TO THE NEWPORT BEACH MUNICIPAL CODE ALLOWING
THE CITY COUNCIL TO WAIVE THE COLLECTION OF CERTAIN SOLID
WASTE FRANCHISE FEES. Adopt Ordinance No. 2002.5 amending Section
12.63.140 of Title 12 of the NBMC.
RESOLUTIONS FOR ADOPTION
5. RESOLUTION IN SUPPORT OF PROPOSITION 42, TRANSPORTATION
CONGESTION IMPROVEMENT ACT. Adopt Resolution No. 2002 - in support
of Proposition 42, the Transportation Congestion Improvement Act on the March 5,
2002 Primary Election Ballot.
6. FEE SCHEDULE ADJUSTMENTS. Adopt Resolution No. 2002 -_ updating the
City's Fee Schedule.
TERMINATION OF NON - EXCLUSIVE COMMERCIAL SOLID WASTE
FRANCHISE AGREEMENT WITH CST ENVIRONMENTAL, INC. Adopt
Resolution No. 2002 -_ terminating the solid waste franchise agreement between
the City of Newport Beach and CST Environmental, Inc.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
CONTRACTS AND AGREEMENTS
8. WATER QUALITY CIRCULATION EVALUATIONS — APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH EVEREST
INTERNATIONAL CONSULTANTS, INC. Approve a Professional Services
Agreement with Everest International Consultants, Inc. of Long Beach for Water
Quality Circulation Evaluations at a contract price of $34,000, and authorize the
Mayor and the City Clerk to execute the Agreement.
9. ZONE V BACKUP GENERATOR — AWARD OF CONTRACT (C- 3506).
1) Approve the design build approach for completion of this project; 2) award the
contract (C -3506) to Rich Construction for the total Design/Build price of $92,084.18
and authorize the Mayor and the City Clerk to execute the contract; and 3) establish
an amount of $9,200 to cover the cost of unforeseen work.
10. MARINERS DRIVE SPILLWAY — AWARD OF CONTRACT (C- 3390).
1) Approve the plans and specifications; 2) award the contract (C -3390) to K.A.S.
Equipment & Rental, Inc. for the total bid price of $49,982.50 and authorize the
Mayor and the City Clerk to execute the contract; and 3) establish an amount of
$4,998 to cover the cost of unforeseen work.
11. BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE
IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET — STPL 5151 (014),
AWARD OF CONTRACT (C- 3428). 1) Approve the plans and specifications;
2) award the contract (C -3428) to Sully - Miller Contracting Company for the total bid
price of $1,694,474 and authorize the Mayor and the City Clerk to execute the
contract; 3) establish an amount of $169,000 to cover the cost of material testing and
unforeseen work; 4) authorize a budget amendment (BA -029) to appropriate
$427,986.56 of Federal Highway AHRP Funds STPL 5151 -(014) into Account No.
7285- C5100582; and 5) authorize a budget amendment (BA -029) to increase revenue
estimates by $427,986.56 to Account No. 285 -4880.
12. BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN
REPLACEMENT — AWARD OF CONTRACT (C- 3397). 1) Approve the plans and
specifications; 2) award the contract (C -3397) to Damon Construction Company for
the total bid price of $517,004 and authorize the Mayor and the City Clerk to execute
the contract; and 3) establish an amount of $51,700 to cover the cost of unforeseen
work.
13. UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN IMPROVEMENT
PROJECT — AWARD OF CONTRACT (C- 3468). 1) Approve the plans and
specifications; 2) award the contract (C -3468) to Brongo Construction for the total bid
price of $116,650 and authorize the Mayor and the City Clerk to execute the contract;
and 3) establish an amount of $10,000 to cover the cost of unforeseen work.
14. AWARD OF NEWPORT COAST RESIDENTIAL REFUSE COLLECTION
CONTRACT AGREEMENT (contd. from 1/8/02). Approve the contract agreement
with Waste Management of Orange County to provide residential refuse collection
services in the Newport Coast area.
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SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
MISCELLANEOUS ACTIONS
15. APPROVE PURCHASE OF 15 AUTOMATED EMERGENCY
DEFIBRILLATORS AND ACCESSORIES TO REPLACE ANTIQUATED
FIREFIGHTER EQUIPMENT. Approve the purchase of 15 Laerdal Medical
Heartstart FR 2 semi - automatic defibrillators for total price of $49,009.96.
16. GENERAL PLAN AMENDMENT INITIATIONS — INITIATION OF
AMENDMENTS TO THE LAND USE ELEMENT FOR THE NEWPORT
VILLAGE AND SHELLMAKER ISLAND SITES. Initiate the amendment to the
General Plan, Land Use Element as recommended by the Planning Commission by
approving GI 2001 -001.
17. COUNCIL REVIEW OF FY 2002 -2003 BUDGET PREPARATION
PARAMETERS FROM THE CITY MANAGER TO CITY DEPARTMENTS
(INFORMATION ONLY). Receive and file.
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
18. PLANNING COMMISSION AGENDA FOR FEBRUARY 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
19. FY 2000 -2001 COMMUNITY DEVELOPMENT BLOCK GRANT
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
(CAPER).
Action: Approve the FY 2000 -2001 CAPER and direct staff to submit the
document to all appropriate parties.
O. CURRENT BUSINESS
20. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND
MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE PUBLIC
RIGHT -OF -WAY ADJACENT TO 2804 BROAD STREET, NEWPORT
HEIGHTS (N2000 -263).
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 the 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.
21. REPORT ON FLETCHER JONES MOTORCARS REVENUES FROM SALES
AND OTHER TAXES.
Action: Receive and file.
P. 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.
Q. ADJOURNMENT
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SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.