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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, October 8, 2002 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR STEVEN BROMBERG GARY ADAMS Mayor Pro Tem. GARY L. PROCTOR Council Member NORMA J. GLOVER Council Member 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 COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD October H, 2002 STUDY SESSION - Cancelled 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 - The Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal Parish Church. F. PRESENTATION Proclamation recognizing October 17 - 20, 2002 as the 49th National Convention of Girls Scouts of the USA. 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— 16) 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 naine and Consent Calendar Item number, and place the sign -in card in the box prouided at the podium. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF SEPTEMBER 24, 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. ORDINANCE FOR ADOPTION 3. ORDINANCE RELATING TO WIRELESS TELECOMMUNICATIONS; ADOPTION OF COUNCIL POLICY L -23 RELATING TO THE SITING OF WIRELESS TELECOMMUNICATIONS FACILITIES ON CITY -OWNED LAND. Adopt Ordinance No 2002 -24. RESOLUTIONS FOR ADOPTION 4. INSTALLATION OF A STOP SIGN ON PORT SEABOURNE WAY AT NEWPORT HILLS DRIVE EAST. Adopt Resolution No. 2002 requiring all traffic on Port Seabourne Way to stop at Newport Hills Drive East. 5. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO TIM GREENLEAF ENGINEERING. 1) Adopt a Resolution of Intention (Resolution No. 2002 -_—) to award a Non - Exclusive Solid Waste Franchise to Tim Greenleaf Engineering, and to set the public hearing for October 22, 2002; and 2) introduce Ordinance No. 2002 - granting a Non - Exclusive Solid Waste Franchise to Tim Greenleaf Engineering and pass to second reading on October 22, 2002. 6. INVOLUNTARY TERMINATION OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE WITH OCEAN WASTE AND RECYCLING, LLC. Adopt a Resolution of Intention (Resolution No. 2002 -_) to terminate the Non - Exclusive Solid Waste Franchise with Ocean Waste and Recycling, LLC, and setting a public hearing on the matter for October 22, 2002. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. CONTRACTS AND AGREEMENTS 7. TEMPORARY EMPLOYMENT AGREEMENT WITH DICK HOFFSTADT. 1) Approve a temporary employment agreement with Dick Hoffstadt in the amount of $42,660 and authorize the City Manager to execute the Agreement; and 2) approve the transfer of $42,660 from 5200 -7000 (Salaries — Misc.) to Account No. 5200 -7020 (Part -time Salaries). 8. PENINSULA POINT WATER MAIN REPLACEMENT, PHASE I — AWARD OF CONTRACT (C- 3462). 1) Approve the plans and specifications; 2) award the contract (C -3462) to P &J Utility Company for the total bid price of $390,570 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $39,000 to cover the cost of unforeseen work. 9. FUEL SYSTEM UPGRADES — AWARD OF CONTRACT (C- 3547). 1) Approve the plans and specifications; 2) award the contract (C -3547) to Tafoya & Associates, Inc. for the total bid amount of $57,321 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. 10. APPROVAL OF SUBDIVISION AGREEMENT FOR CANNERY LOFTS DEVELOPMENT — 30TH STREET BETWEEN VILLA WAY AND LAFAYETTE AVENUE. Approve an Agreement guaranteeing completion of the public improvements required with Use Permit No. 2001 -022 and authorize the Mayor and the City Clerk to execute the Agreement. 11. JAMBOREE ROAD MEDIAN IMPROVEMENT (C- 3459). 1) Authorize the Public Works Director to approve Change Order No. 3 in the amount of $61,529.84 providing for the removal of unsuitable materials from the medians and also approve Change Order No. 4 in the amount of $39,000 for provision and installation of suitable soil materials into the medians; and 2) approve a budget amendment (BA -017) transferring $100,530 from the unappropriated balance of the Circulation and Transportation Fund to Account No. 7261- C5100580. 12. PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR BALBOA VILLAGE PHASE 2 IMPROVEMENTS (C -3527) AND OTHER CAPITAL IMPROVEMENT PROJECTS. Approve a $257,000 Professional Services Agreement with Harris & Associates to provide construction management, inspection, and materials testing for the Balboa Village Phase 2 project ($178,000) and other Capital Improvement Projects ($79,000), and authorize the Mayor and the City Clerk to execute the Agreement. 13. BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT — AWARD OF CONTRACT (C- 3566). 1) Approve the plans and specifications; 2) award the contract (C -3566) to Albert W. Davies for the total bid price of $87,810 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $8,700 to cover the cost of unforeseen work; and 4) authorize a budget amendment (BA -018) appropriating $96,510 from the unappropriated Wastewater Fund Balance to Account No. 7531- C5600292. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. MISCELLANEOUS ACTIONS 14. MAYOR'S APPOINTMENTS TO THE JULY 4TH WEST NEWPORT SAFETY PLANNING COMMITTEE. Confirm the Mayor's appointment of Paul Watkins, Margie Dorney and Alan Silcock to represent the West Newport Beach Association, and Craig Batley and Mary Bryant as resident members on the July 4th West Newport Safety Planning Committee, whose expertise would benefit the committee. 15. BUDGET AMENDMENT APPROPRIATING ADDITIONAL FUNDS TO INCREASE SUMMER BEACH RESTROOM MAINTENANCE. Approve a General Fund budget amendment (BA -019) in the amount of $43,000 to fund additional contract maintenance services at City beach restroom facilities. 16. LOCAL COASTAL PROGRAM (LCP) CERTIFICATION BUDGET AMENDMENT. Authorize a budget amendment (BA -016) transferring $264,125 from General Fund unappropriated reserves to Account 2710 -8080. 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 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 OCTOBER 3, 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. 18. UNSCHEDULED VACANCIES ON THE CITY ARTS COMMISSION. Action: Confirm the four (4) nominations as presented by the Ad Hoc Appointments Committee to fill the two (2) unscheduled vacancies as a result of the resignations of Pamela Nestande and Jeffrey Gould from the City Arts Commission and schedule the appointments to be made on October 22, 2002. O. CURRENT BUSINESS 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 w w w w * * ve ve,r,r,r,r,r,r ve ve,r,r,r SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.