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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, October 26, 2004 Special Council Meeting - 4:00 p.m. TOD W. RIDGEWAY MAYOR STEVE BROMBERG LESLIE J. DAIGLE Mayor Pro Tern Council Member STEVEN ROSANSKY Council Member 1/ A .. RICHARD A. NICHOLS Council Member JOHN HEFFERNAN Council Member Council Member HOMER BLUDAU - City Manager, ROBIN CLAUSON - Acting 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 October 26, 2004 STUDY SESSION — Cancelled CLOSED SESSION — [Refer to separate agenda from City Attorney] RECESS A. RECONVENE AT 4:00 P.M. FOR SPECIAL MEETING B. ROLL CALL C. CLOSED SESSION REPORT (if applicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION — Dr. John A. Huffman, Jr., Saint Andrews Presbyterian Church F. PRESENTATIONS - None 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 (1- 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 haue 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 uotes on the motion unless members of the Council, staff or the public request specific items to be discussed and /or remoued 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 inuitation 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 prouided at the podium. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF OCTOBER 12, 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 ST. MARK PRESBYTERIAN CHURCH (PA2003 -085) - GENERAL PLAN AMENDMENT NO. 2003 -002, PLANNED COMMUNITY TEXT AMENDMENT NO. 2003 -001, USE PERMIT NO. 2003 -015, TRAFFIC STUDY NO. 2004 -004, PARCEL MAP NO. 2004 -036 - 2200 SAN JOAQUIN HILLS ROAD. Adopt Ordinance No. 2004 -23 amending the Big Canyon Planned Community District Regulations. CONTRACTS AND AGREEMENTS 4. MARINERS, CHINA COVE AND 62ND STREET WASTEWATER PUMP STATION REHABILITATION, INCLUDING FERNLEAF AVENUE STREET IMPROVEMENTS - AWARD OF CONTRACT (C -3585) (contd. from 10/12/04). 1) Determine that the project is exempt from environmental review pursuant to Section 15302 of the California Environmental Quality Act Implementing Guidelines; 2) approve the plans and specifications; 3) award C -3585 to GCI Construction for the total bid price of $1,582,170 and authorize the Mayor and the City Clerk to execute the contract; 4) approve Amendment No. 2 to Professional Services Agreement with PBS &J for Final Design and Construction Support Services for $27,800; and 5) approve a budget amendment (05BA -018) transferring $350,000 from the Sewer Main Master Plan Improvements Account No. 7531- C5600292, $23,000 from the Sewer Access Road Maintenance Account No. 5600 -8186 and $188,000 from the unappropriated Wastewater Enterprise Future Infrastructure Reserve to the Sewer Pump Station Master Plan Improvements Account No. 7532- C5600100. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 5. NEWPORT SHORES STREET END IMPROVEMENTS - PHASE I - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3669). 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. 6. ORANGE COUNTY SANITATION DISTRICT COOPERATIVE AGREEMENT FOR LANDSCAPE MAINTENANCE AT THE "A" STREET PUMP STATION. Approve the "A" Street Pump Station Landscaping, Parking, and Easement Agreement with the Orange County Sanitation District (OCSD), in a form approved by the City Attorney. IRVINE AVENUE FROM UNIVERSITY AVENUE TO BRISTOL STREET WATER AND SEWER MAIN REPLACEMENT - AWARD OF CONTRACT (C- 3411). 1) Determine that the project is exempt from environmental review pursuant to Section 15302 of the California Environmental Quality Act Implementing Guidelines; 2) approve the plans and specifications; 3) award the contract (C -3411) to W.A. Rasic Construction for the total bid price of $2,457,067 and authorize the Mayor and the City Clerk to execute the contract; 4) establish an amount of $246,000 to cover the cost of unforeseen work; and 5) approve a budget amendment (05BA -023) increasing revenue estimates in the Water Fund by $464,227.50 for the Costa Mesa Sanitation District (CMSD), 500 -4886, and $454,767.50 for the Irvine Ranch Water District (IRWD), 500 -4887, and increasing expenditure appropriations in the same amount in Account No. 7501- C5500386. MISCELLANEOUS ACTIONS 8. RELEASE OF SURETY FOR IMPROVEMENTS CONSTRUCTED FOR TRACT NO. 16292 (CANNERY LOFTS) - USE PERMIT NO. 2001 -022. 1) Accept the improvements constructed under Use Permit No. 2001 -022; and 2) authorize the City Clerk to release the $600,000 faithful performance bond retained by the City as a guarantee for completing the public improvements along the Villa Way, LaFayette Avenue and 30th Street frontages and the Rhine Channel. 9. ACCEPTANCE OF U.S. DEPARTMENT OF JUSTICE COPS 2004 TECHNOLOGY GRANT. 1) Accept for administrative purposes, the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) 2004 Technology Grant Award in the total amount of $296,843 for the Orange County Integrated Law and Justice Project; and 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 the all municipal police departments and the Sheriffs Department in Orange County (05BA -022). 10. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS TO MAINTENANCE AND OPERATIONS. Approve a budget amendment (05BA -020) to increase revenue estimates by $7,095 in Account 4010 -4835, Library Services & Technology Act, and increase maintenance and operation expenditure estimates by the same amount in Division 4010, Library Administration. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 11. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC). Confirm Council Member Daigle's appointment of Michael Browning as the District 4 representative to EQAC. 12. CODE AMENDMENT NO. 2003 -003 - AMENDMENT TO MODIFICATION PERMIT PROCEDURES (PA2003 -080). Continue to November 9, 2004 to allow time for proper public notice. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 13. REVIEW OF THE FY 2003 -2004 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Action: 1) Conduct public hearing; and 2) Approve the Draft Consolidated Annual Performance and Evaluation Report. K. PUBLIC COMMENTS Public Comments are invited on non - agenda iterns 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. 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 Status report - Newport Coast Advisory Committee Status report - Mariners Joint Use Library Ad Hoc Steering Committee Status report - Other Committee Activities M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR OCTOBER 21, 2004. Action: 1) Receive oral report on the most recent Planning Commission actions; 2) Council Member appeal of Planning Commission, Modification Committee or Planning Director approvals subject to appeal; and 3) Receive and file written report. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 10 15. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION. Action: Confirm the nominations as presented by the Ad Hoc Appointments Committee to fill the unscheduled vacancy as a result of the appointment of Leslie Daigle to the City Council. O. CURRENT BUSINESS 16. BRIDGE SEISMIC RETROFIT — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DOKKEN ENGINEERING. Action: 1) Approve a Professional Services Agreement in the amount of $278,848 with Dokken Engineering for bridge seismic retrofit design and construction support, and authorize the Mayor and the City Clerk to execute the agreement; and 2) Approve a budget amendment (05BA -021) appropriating $14,500 from the Gas Tax Fund Balance, 180 -3605, to account 7181- C5100695, increasing revenue estimates in Contributions Federal Highway Funds, 250 -4880, by $240,000 and appropriating $176,147 to account 7251- C5100695. 17. PROPOSED ORDINANCE REVISIONS: INCREASED TIME LIMITS ON ALL PUBLIC PIERS IN NEWPORT HARBOR. Action: Introduce Ordinance No. 2004 -_ amending Section 17.28.010 of the NBMC to increase the time limits on all public piers in Newport Harbor and pass to second reading on November 9, 2004. P. ITEMS REMOVED FROM THE CONSENT CALENDAR 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.