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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, May 28, 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. I£, 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 May 28, 2002 - 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 - President Weatherford T. Clayton, Newport Beach Stake of the Church of Jesus Christ of Latter -Day Saints. F. PRESENTATIONS - None 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 (1— 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 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 MAY 14, 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. 3. MODIFICATION TO SECTION 7.04.020 — DOGS ON BEACHIOCEAN. Introduce Ordinance No. 2002 -_ and pass to second reading on June 11, 2002. 4. MODIFICATION TO SECTION 11.12.150 — SWIMMING REGULATIONS — DIVING OR JUMPING FROM PUBLIC PROPERTY. Introduce Ordinance No. 2002 -_ and pass to second reading on June 11, 2002. RESOLUTIONS FOR ADOPTION 5. RESOLUTION FD(ING THE EMPLOYER'S PERS MEDICAL CONTRIBUTION FOR NEWPORT BEACH FIREFIGHTERS ASSOCIATION (contd. from 5/14/02). Adopt Resolution No. 2002 -_ 6. ARTERIAL HIGHWAY REHABILITATION PROGRAM. Adopt Resolution No. 2002 -_ approving the submittal of a funding application to the Orange County Transportation Authority for funding under the Arterial Highway Rehabilitation Program. 7. RESOLUTION NO. 2002 - RELATING TO COSTA MESA - NEWPORT BEACH ISLAND ANNEXATIONS. Approve Resolution No. 2002 -_ stating that the City of Newport Beach: 1) agrees to amend its March 2001 annexation application to include the Emerson/Tustin neighborhood; 2) supports the Orange County Development Agency's assistance with the land acquisition and construction costs associated with a new fire station within the Santa Ana Heights; 3) supports the Orange County Development Agency's purchase of a community center in Santa Ana Heights using redevelopment funds; and 4) agrees to participate in the SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. maintenance and operations of the community center should the City succeed in annexing East Santa Ana Heights. CONTRACTS AND AGREEMENTS 8. MEMORANDUM OF UNDERSTANDING WITH FIREFIGHTERS ASSOCIATION (contd. from 5/14/02). Approve Memorandum of Understanding (MOU) between the City of Newport Beach and the Newport Beach Firefighters Association. 9. FORD ROAD PAVEMENT OVERLAY FROM SAN MIGUEL DRIVE TO WESTERLY LIMITS — AWARD OF CONTRACT (C- 3437). 1) Approve the plans and specifications; 2) award contract (C -3437) to R.J. Noble Company for the total bid price of $256,249.50 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $25,600 to cover the cost of testing and unforeseen work; and 4) approve a budget amendment (BA -042) appropriating $60,949.50 from the unappropriated balance of the Measure M Turnback Fund to Account No. 7281 - 05100587. 10. NEWPORT HEIGHTS /CLIFF HAVEN NEIGHBORHOOD TRAFFIC MANAGEMENT STUDY. Authorize staff to retain the services of a traffic engineering consultant to perform a Neighborhood Traffic Management Study of Newport Heights and Cliff Haven. 11. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH MOORE IACOFANO GOLTSMAN, INC. FOR GENERAL PLAN VISIONING. Approve and authorize the City Manager to execute the agreement. 12. CLEAN BEACHES INITIATIVE CONTRACT WITH THE STATE WATER RESOURCES CONTROL BOARD. Authorize the Mayor to execute the contract with the State Water Resources Control Board in the amount of $200,000 for projects under the Clean Beaches Initiative. MISCELLANEOUS ACTIONS 13. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING FISCAL YEAR JULY 1, 2002 TO JUNE 30, 2003. Authorize the City Clerk to publish a notice advertising for bids to be received on or before the hour of 4:00 p.m., on Wednesday, June 12, 2002 for a one-year contract covering the publishing and printing of legal notices, or other material required to be published and circulated in the City of Newport Beach. 14. 2002 -03 PROPOSED BUDGET HEARING AND 2002 -03 APPROPRIATION LIMIT HEARING. Schedule a public hearing on the City's proposed budget and appropriation limit for the 2002 -03 fiscal year for June 11, 2002 at 7:00 p.m. and direct the City Clerk to publish a notice of said hearings. 15. APPROVE CHANGE ORDER FOR OASIS LIGHTING RETROFIT PROJECT. 1) Authorize the City Manager to approve Change Order No. 1 in the amount of $7,588.33 to TRI County Lighting Services, Inc.; and 2) authorize $3,000 for contingencies to cover any additional unforeseen conditions. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 16. BUDGET AMENDMENT TO FUND REPLACEMENT BODIES FOR REFUSE COLLECTION TRUCKS. Approve a budget amendment (BA -043) to transfer $83,900 into Account No. 6120 -9106 (Equipment Replacement- Equipment Renovation) from unappropriated Internal Service Fund reserves to fund the construction and installation of two new front loader bodies on City refuse collection trucks. 17. PURCHASE OF SEWER CLEANING TRUCK. Waive City competitive bidding guidelines and approve the single source purchase of a Vactor brand sewer cleaning truck from Haaker Equipment Company of Pomona at a total cost of $285,049.40 including tax. 18. SUMMER -FALL 2002 WATER QUALITY TESTING CONTRACT: NEWPORT BAY AND TRIBUTARIES TO NEWPORT BAY. Authorize the Mayor to execute a contract with the University of California in the amount of $166,920 using funds budgeted in the Capital Improvement program for this purpose (CIP Item #7251 - 05100596). 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 MAY 23, 2002. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. N. PUBLIC HEARING 20. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISES TO ROCHE EXCAVATING, INC. Action: 1) Conduct public hearing; and 2) Adopt Ordinance No. 2002 -_ granting a Non - exclusive Solid Waste Franchise to Roche Excavating, Inc. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. n 12 CONTINUED BUSINESS 21. APPEAL OF A STAFF DENIAL FOR STRUCTURAL ENCROACHMENTS WITHIN THE PUBLIC RIGHT -OF -WAY ADJACENT TO 2100 W. OCEAN FRONT (N2002 -0035) (contd. from 3/26/02 & 5/14/02). Action: 1) Uphold the denial on the basis that the proposed encroachments significantly exceed what is allowed under the provisions of City Council Policy L -21; OR 2) Approve the application with conditions subject to the following: A. Execution of an Encroachment Agreement for non- standard improvements with findings and conditions. i. Authorize the Mayor and the City Clerk to execute the Agreement. ii. Authorize and 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. Revise the applicant's current Annual Outside Dining Encroachment Permit (DEP97 -03) to include the metal structure enclosure. 22. MARINAPARK LEASES. Action: 1) Approve the 2-d Amendment and Extension of Lease for the tenants at Marinapark and authorize the City Manager to execute individual documents on behalf of the City; 2) Maintain rent at the current level until September 1, 2002; 3) Authorize the City Manager or his designee to issue a 90 -day Notice to Increase Rent based on the April 4, 2002 Appraisal of Fair Market Rental Value offered by Mr. William Hansen; and 4) Authorize the City Manager to increase rent after the 90 -day Notice to the amounts set forth by the Appraisal; and 5) Authorize the City Manager to, at any time during the Lease, apply a rent adjustment (increase) factor upon the sale of any home of 1.5x (for As and Bs) and 1.3x (for Cs, Ds, and Es). 23. MAIN STREET FICUS TREE REMOVALS. Action: 1) Uphold the Parks, Beaches and Recreation Commission recommendation to remove ten (10) Ficus nitida trees on Main Street that are designated Special/Landmark trees; 2) Uphold the Parks, Beaches and Recreation Commission recommendation to remove 15 Ficus nitida trees on Main Street that are designated as "All Other Trees" and 3) Uphold the Parks, Beaches and Recreation Commission recommendation to plant 32 Coral Gum replacement trees on Main Street. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 « « « « « « « « ««« « « « « « « «« SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA - REGULAR MEETING MAY 28, 2002 CONSENT CALENDAR S24. MARINE STUDIES CENTER (SHELLMAKER ISLAND) — ARCHITECT AGREEMENT. Authorize the City Manager to execute an Agreement with Ron Yeo, FAIR Architect, Inc. for work on the proposed Marine Studies Center.