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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, February 24, 2004 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR GARY ADAMS Mayor Pro Tern STEVEN ROSANSKY Council Member DON WEBB Council Member STEVE BROMBERG Council Member RICHARD A. NICHOLS 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 The City provides a yellow sign -in card for those wishing to address the Council to assist in the preparation of the minutes. The cards are available in the lobby of the Council Chambers. Speakers are not required to submit a card as a condition to addressing the Council. if you do fill out the card please place it in the box at the podium. 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. I£ 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 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. PLEASE TURN CELL PHONES & PAGERS OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD February 24, 2004 STUDY SESSION - 4:00 p.m. CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS rrrrrrrrrrrrrrrrrrr A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C. CLOSED SESSION REPORT (if ap_licable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal Parish Church F. PRESENTATIONS Presentation on the 2004 Tommy Bahama Newport. to Ensenada Race. G. NOTICE TO THE PUBLIC The City provides a yellou> sign -in card for those trishi.n.g to address the Council to assist in the preparation of the minutes. Speakers are not required to submit o card as a condition to addressing the Council. If you do fill oil the card please place it in, the box of the podium. Asa courtesy, please turn cell phones and pagers off or set th.ent in th,e silent mode. 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 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 — 16) are considered by the Council to be routine and will all be enacted by one motion in the farm listed below. The City Council Members have received detailed staff reports on each of the items recommending am action. There will be no separate discussion of these items prior to the time the Council cotes on the motion unless mennbens of the Council, sta % %or• thepublic request specific items to be discussed and /or removed%ron 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 incitation by the Mayo', state their name and itenn number. If the optional sign -inn card has been completed it should be placed in the box provided at the podium. READING OF MINUTESIORDINANCES AND RESOLUTIONS MINUTES OF THE ADJOURNED REGULAR OR REGULAR MEETING OF FEBRUARY 10, 2004. 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. AMENDMENTS TO THE NEWPORT BEACH MUNICIPAL CODE REQUIRING USE OF FRANCHISED SOLID WASTE HAULERS FOR DEMOLITION ACTIVITIES. Adopt Ordinance No. 2004 -2 amending Section 15.02.035 pertaining to the Uniform Administrative Code. RESOLUTIONS FOR ADOPTION 4. PRE -TAX PAYROLL DEDUCTION PLAN FOR CALPERS SERVICE CREDIT PURCHASES. Adopt Resolution No. 2004 -_ that will allow employees to make PERS redeposits and service credit purchases on a pre -tax basis. 5. CORRECTION TO RESOLUTION REVISING THE ECONOMIC DEVELOPMENT COMMITTEE MEMBERSHIP STRUCTURE. Adopt Resolution No. 2004 which revises the EDC membership structure and rescinds Resolution Nos. 93 -3, 95 -27, 95 -17; Attachment 'B' of Resolution No. 2001 -80; Resolution No. 2004-14; and any other prior resolutions related to the EDC. CONTRACTS AND AGREEMENTS 6. FIRST AMENDMENT TO AGREEMENT FOR IMPLEMENTATIONS OF THE UNIFIED PROGRAM ELEMENT REQUIREMENTS BETWEEN COUNTY OF ORANGE AND CITY OF NEWPORT BEACH. Approve the First Amendment to Agreement for Implementation for unified Program Element Requirements between the City of Newport Beach and the County of Orange and authorize the Mayor to execute the amendment. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. JANITORIAL SERVICES CONTRACT APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH GRACE BUILDING MAINTENANCE. Approve a Professional Services Agreement with Grace Building Maintenance of Los Angeles for janitorial services at a contract price of $4.643 per month and authorize the Mayor and City Clerk to execute the agreement. 8. BAYSHORES WATER MAIN REPLACEMENT - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3510. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion: 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 9. SAN MIGUEL /SPYGLASS HILL ROAD -EAST GATE DRIVE TRAFFIC SIGNAL INSTALLATION AND MISCELLANEOUS UPGRADES - AWARD OF CONTRACT (C- 3678). 1) Approve the plans and specifications; 2) award the contract (C -3678) to Steiny and Company. Inc. for the total bid price of $235.649 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $23,565 to cover the cost of unforeseen work. 10. MEMORANDUM OF UNDERSTANDING (MOU) WITH BAYSHORES COMMUNITY, SOUTHERN CALIFORNIA EDISON. AND SBC REGARDING ALLEY PAVING. Approve a MOU with Bayshores Community Association Regarding Alley Paving. MISCELLANEOUS ACTIONS 11. BUDGET AMENDMENT - TENNIS RESERVE ACCOUNT. Approve a budget amendment (BA -033) in the amount of $14.917 from the Tennis Reserve account into various funds to enhance the City's recreational programs. 12. UNDERGROUND ASSESSMENT DISTRICT NO. 75 (BALBOA BUSINESS DISTRICT) - STATUS REPORT. Proceed with placing Assessment District No. 75 Balboa Business District on the Council agenda for Resolution of Intention for March 9, 2004 meeting. 13. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE. Confirm Mayor Ridgeway's appointment of Kenneth Drellishak as the District 1 at -large representative to the Environmental Quality Affairs Citizens Advisory Committee (EQAC). 14. PROPERTY INSURANCE RENEWAL. Approve the property insurance coverage for a twelve month policy period beginning 3/1104 to 311105 for a premium of approximately $586,674. 15. EXCESS GENERAL LIABILITY INSURANCE RENEWAL. Approve the renewal of the excess general liability insurance coverage for a twelve month policy with a self- insured retention (SIR) of $500.000 and a 81 million SIR for Employment Practices Liability Insurance - EPLI as follows: [SIR - $500,000; Coverage limits - $26 million: Annual premium - 5795,895 ($1 million for EPLI). 16. REQUEST FOR BUDGET AMENDMENT TO COVER EXPENSES ASSOCIATED WITH HIGH WORK DEMAND IN THE BUILDING DEPARTMENT. Approve a budget amendment (BA -034) to appropriate $193,000 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. from unanticipated General Fund revenue to the Building Department's Professional and Technical expenditure account #12930 -8080. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 17. UNDERGROUNDING UTILITIES IN PROPOSED ASSESSMENT DISTRICT NO. 81 - RIVER AVENUE AND CHANNEL PLACE AND DESIGNATION OF THIS AREA AS AN UNDERGROUND UTILITIES DISTRICT. Action: 1) Open public hearing on the formation of Assessment District No. 81; 2) Hear testimony from those who desire to speak: 3) Close the public hearing; 4) Count ballots: 5) If more "yes' votes than "no" votes have been submitted and if it is desired to form the District. take the following actions: a) Adopt Resolution No. 2004 -_ approving contracts for utility improvements; and b) Adopt Resolution No. 2004 -_ declaring the results of the ballot tabulation, confirming the assessment, ordering the acquisition of improvement: approving the Assessment Engineer's Report, and designating the area an Underground Utilities District for Assessment District No. 81 River Avenue and Channel Place. 6) If desired, abandon the proceedings. 18. VACATION AND ABANDONMENT OF A PORTION OF ORANGE AVENUE, LOCATED IN THE NEWPORT HEIGHTS AREA. Action: Continue hearing to March 23, 2004. 19. CODE AMENDMENT NO. 2003 -010 (PA2003 -289) - PROPOSED AMENDMENT TO SECTION 20.65.070 OF THE NBMC TO ALLOW ELEVATOR SHAFTS IN EXCESS OF 25 SQUARE FEET IN AREA TO EXCEED APPLICABLE HEIGHT LIMITS, BY NO MORE THAN 5 FEET, WHEN MANDATED BY THE BUILDING CODE AND FIRE DEPARTMENT. Action: 1) Conduct public hearing: 2) Introduce Ordinance No. 2004- approving Code Amendment No. 2003 -010: and 3) Pass to second reading on March 9, 2004. K. ITEMS REMOVED FROM THE CONSENT CALENDAR L. PUBLIC COMMENTS Public Comments are incited on non - agenda items gen.erolly considered to be within the subject matter jurisdiction of the Council -- Speakers must limit comments to 3- mi.n.utes. Before speaking, please state your name for the record. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report — Ad Hoc General Plan Update Committee (GPUC) Status report — Local Coastal Program Certification Committee Status report — Newport Coast Advisory Committee Status report — Mariners Joint Use Library Ad Hoc Steering Committee Status report — Other Committee Activities N. CURRENT BUSINESS 30. THE PROPOSED NEWPORT COAST COMMUNITY CENTER. Action: Acknowledge the NCAC's recommendation to move forward with the planning and construction for the Newport Coast Community Center by: 1) Directing staff to consult with the NCAC in preparing for and cause a Newport Coast -wide advisory "protest' measurement as soon as is practicable of registered voters or property owners in the Newport. Coast on the question of whether or not to construct a community center at Newport Ridge Park; 2) Directing staff to investigate the process by which the City might acquire fee ownership of the proposed Center site (SE corner of Newport Ridge Park) via the acceptance of the Irrevocable Offer of Dedication issued by The Irvine Company to the County of Orange; and 3) In advancement of the protest measurement, directing staff to begin compliance activities under the California Environmental Quality Act ('CEQA) for the proposed community center, including placing signage and story -poles at the proposed Newport Ridge Park site. 21. CONFERENCE AND VISITOR'S BUREAU AGREEMENT. Action: Approve the proposed five (5) year agreement with the NBCVB, which includes annual funding provisions at 16.5% of the total TOT/VSF and a maximum annual funding of $1.9 million. 22. STAFF PROPOSAL TO ADD TWO PLAN CHECKERS AND ONE PART -TIME PERMIT TECHNICIAN POSITIONS TO REDUCE RELIANCE ON CONTRACT PLAN CHECKERS AND TO IMPROVE CUSTOMER SERVICES IN THE BUILDING DEPARTMENT. Action: Approve a budget amendment (BA -035) transferring $27,641 from account number 2930 -5080 and $4,359 from unappropriated general fund balance to various salary and benefit accounts in division 2930 to cover the cost of employees added in this fiscal year. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 23. PROPOSED MODIFICATIONS TO THE CITY MANAGER EMPLOYMENT AGREEMENT. Action: Adopt Resolution No. 2004 -_ to enter into a two -year employment agreement with the City Manager which includes a one time 4% salary increase for the period from January 3, 2004 through January 3, 2006. O. MOTION FOR RECONSIDERATION A motion to reconsider the vote on an 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 6 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.