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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. 3 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 i SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.