Loading...
HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, March 9, 2004 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR GARY ADAMS STEVE BROMBERG Mayor Pro Tern Council Member STEVEN ROSANSKY Council Member DON WEBB 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. 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 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 March 9, 2004 — 4:00 p.xn- 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 — Reverend Dr. Dennis Short, Harbor Christian Church. President of Newport- Mesa - Irvine Interfaith Council F. PRESENTATIONS Sons of the American Legion Proclamation. G. 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. 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. As a courtesy, please turn cell phones and pagers off or set them in the 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 — 12) 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 item number. If the optional sign -in 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 AND REGULAR MEETING OF FEBRUARY 24, 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 a. CODE AMENDMENT NO. 2008 -010 (PA200a -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. Adopt Ordinance No. 2004 -3 approving Code Amendment No. 2003 -010. RESOLUTIONS FOR ADOPTION 4. RESOLUTION TO EXTEND THE TERM OF THE CITY COUNCIL AD HOC OASIS COOPERATIVE AGREEMENT COMMITTEE. Adopt Resolution No. 2004 -_ extending the term of the Ad Hoc OASIS Cooperative Agreement Committee to December 31, 2004 or on the date the City Council approves a Cooperative Agreement, whichever occurs first. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2003 -2004 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2004 -2005. 1) Approve Balboa Village Business Improvement District 2003- 2004 Annual Report; and 2) adopt Resolution of Intention No. 2004 -_ and set the public hearing for March 23, 2004. CONTRACTS AND AGREEMENTS 6. BALBOA ISLAND PAVEMENT REPAIR, PHASE III — CRYSTAL, ABALONE NORTH OF PARK AVENUE, COMPLETION AND ACCEPTANCE OF CONTRACT (C- 8648). 1) Accept the work; 2) authorize the City Clerk to file a SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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. BIG CANYON RESERVOIR LANDSCAPE IMPROVEMENTS, COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3599). 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. 8. CITYWIDE SLURRY SEAL PROGRAM FY2003 -2004 — AWARD OF CONTRACT (C- 3647). 1) Approve the plans and specifications; 2) award the contract (C -3647) to Bond Blacktop, Inc. for the total bid price of $357,097.50 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $35,000 to cover the cost of unforeseen work; and 4) approve geotechnical work in the amount of $3,500. 9. IRVINE TERRACE VALVE REPLACEMENT — REJECT BIDS FOR CONTRACT (C- 3643). Reject the bid received for C -3643 and authorize staff to re- evaluate project design and re- advertise the project at a later date. MISCELLANEOUS ACTIONS 10. APPOINTMENT TO THE COASTAL/BAY WATER QUALITY CITIZENS ADVISORY COMMITTEE. Confirm Council Member Nichols' appointment of Janet Rappaport as the District 6 representative to the Coastal /Bay Water Quality Citizens Advisory Committee. 11. ACCEPTANCE OF U.S. DEPARTMENT OF JUSTICE COPS TECHNOLOGY GRANTS. 1) Accept for administrative purposes the transfer of three U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) Technology Grant Awards in the total amount of $1,989.148; 2) authorize the Administrative Services Director to establish revenue and expenditure accounts in the Capital Improvement budget to facilitate the administration of these grants on behalf of all municipal police departments and the Sheriffs Department in Orange County; and 3) approve a budget amendment (BA -036) to increase revenue estimates and expenditure appropriations related to the administration of the three grants. 12. CALIFORNIA BOARD OF CORRECTIONS GRANT AWARD `EVERY 15 MINUTES — SUBSTANCE ABUSE PROGRAM ". 1) Approve acceptance of a $19,228 grant from the State of California. Board of Corrections (BOC A301); and 2) approve a budget amendment (BA -040) increasing expenditure appropriations by $19,228 in the Police Substance Abuse Program Account 1850 -9019 (the remaining $2,136 of required City matching funds will be funded from the Police Department's Narcotics Asset Forfeiture Fund in Account 1210- 9300.) ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. J L. PUBLIC HEARINGS 13. CALL FOR REVIEW OF MODIFICATION PERMIT NO. 2004 -007 (PA2004- 019) — 1807 PORT TIFFIN PLACE. Action: 1) Conduct public hearing; and 2) Uphold and affirm the decision of the Modification Committee to approve Modification Permit No. 2004 -007. 14. RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY BY EMINENT DOMAIN AND DIRECT STAFF TO ACQUIRE THE REAL PROPERTIES LOCATED AT 1971 MESA DRIVE AND 20401 ACACIA STREET. Action: 1) 2) 3) 4) Approve the Notice of Exemption from the requirements of CEQA for the proposed Santa Ana Heights Fire Station and Training Facility; Adopt Resolution No. 2004 establishing the need for the City of Newport Beach to acquire the real properties located at 1971 Mesa Drive and 20401 Acacia Street in Newport Beach for the purposes of developing a fire station and training facility to serve the surrounding community; Direct staff to acquire the real properties located at 1971 Mesa Drive and 20401 Acacia Street in Newport Beach , using its powers of eminent domain if necessary, for the purposes of developing a fire station and training facility to serve Newport Beach and the surrounding community; and Approve a budget amendment (BA -039) increasing expenditure estimates in 7456 - 02320669 to $3,092,000 and increasing revenue estimates in 455 -4845 by $2,500,000 (the balance. $592,000, will come from General Fund unappropriated fund balance). ITEMS REMOVED FROM THE CONSENT CALENDAR 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 for the record. 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 15. PLANNING COMMISSION AGENDA FOR MARCH 4, 2004. Action: 1) Receive oral report on the most recent Planning Commission actions; 2) Council Member call -up of those items subject to call -up; and 3) Receive and file written report. O. CONTINUED BUSINESS 16. PROPOSED ASSESSMENT DISTRICT NO. 75 - BALBOA BUSINESS DISTRICT (AREA BOUNDED BY OCEANFRONT BOULEVARD, ADAMS STREET, EDGEWATER PLACE. AND 'A' STREET) FOR UNDERGROUNDING UTILITIES. Action: Adopt the following Resolutions for Proposed Assessment District No. 75: a) Resolution No. 2004 -_ declaring intention to order the construction of certain improvements in proposed Assessment District No. 75; declaring the improvements to be of special benefit; describing the district to be assessed to pay the costs and expenses thereof; providing for the issuance of bonds; and designating the area an underground utilities district; and b) Resolution No. 2004 -_ giving preliminary approval to the Report of the assessment engineer, setting the time and place for a public hearing as April 27, 2004; and ordering the intention of assessment ballot procedure for Assessment District No. 75. P. CURRENT BUSINESS 17. REVISIONS TO COUNCIL POLICY A -6, "OPEN MEETING POLICIES" AS IT PERTAINS TO THE ORDER OF BUSINESS FOR COUNCIL MEETINGS. Action: Approve the revisions to Council Policy A -6. 18. UPPER MORNING CANYON CHANNEL - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR PREPARATION OF CONSTRUCTION DOCUMENTS. Action: 1) Approve a Professional Services Agreement with RBF Consulting (RBF) of Irvine for preparing construction documents and obtaining permits by jurisdictional agencies for the stabilization of the Upper Morning Canyon Channel at a contract price of $250,650 and authorize the Mayor and the City Clerk to execute the agreement; and 2) Approve a budget amendment (BA -038) of $250,650 from the unappropriated General Fund reserves. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 19. MOBILE DATA COMMUNICATIONS SYSTEM UPGRADE. Action: 1) Approve recommended upgrades to the Police Departments Mobile Data Communications System, which will include a three -year agreement with the City of Brea to lease time on their new network: 2) Waive formal bidding requirements and authorize the Chief of Police to negotiate the terms of the agreements with the recommended vendors as required. and provide the City Manager with the authority to sign the agreements with those vendors; 3) Approve a budget amendment (BA -037) allocating $218.782 of COPS MORE grant funds and transferring $72,928 from General Fund unappropriated reserve to Capital Improvement account number 7017- C1820539; 4) Authorize the Chief of Police to purchase the specified equipment, software and services for a total cost of $291,710; and 5) Approve an $89,406 increase to the Police Department's base budget for Fiscal Year 2005 for recurring costs associated with implementation of the project, which include the fees to the City of Brea. 20. ADOPTION OF A RESOLUTION APPROVING USE PERMIT NO. 3618 (BAY ISLAND CLUB). Action: Adopt Resolution No. 2004 -_ approving Use Permit No. 3618. Q. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken 6y the City Council at either this meeting or the previous meeting ma.y 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.