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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, March 8, 2005 Regular Council Meeting - 7:00 p.m. STEVE BROMBERG MAYOR DON WEBB LESLIE J. DAIGLE Mayor Pro Tern Council Member TOD W. RIDGEWAY Council Member STEVEN ROSANSKY Council Member RICHARD A. NICHOLS Council Member JOHN HEFFERNAN Council Member HOMER BLUDAU - City Manager, ROBIN CLAUSON -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:llwww.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 8, 2005 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 - Reverend Tim McCalmont, Presbyterian Church of the Covenant, Costa Mesa F. PRESENTATIONS G. NOTICE TO THE PUBLIC The City prooides 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 o card as o condition to addressing the Council. If you do fill out the card please place it in the box of the podium. As o courtesy, please turn. cell phones anal 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 SUMMATIO_V. 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 MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF FEBRUARY 22, 2005. Waive reading of subjVct 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. ORDINANCES FOR INTRODUCTION 3. ORDINANCE AMENDING SECTION 12.40.055 OF THE NEWPORT BEACH MUNICIPAL CODE TO ALLOW PARKING OF EQUESTRIAN VEHICLES IN SANTA ANA HEIGHTS. Introduce Ordinance No. 2005 -_ amending Section 12.40.055 of the NBMC — Parking of Certain Oversized Vehicles and Nonmotorized Vehicles in Residential Districts Prohibited. RESOLUTIONS FOR ADOPTION 4. ELEVATION DATUM REFERENCE (PA2005 -047). Adopt Resolution No. 2005- _ initiating amendments to Title 20 of the NBMC to change the elevation datum reference from the National Geodetic Datum (NGVD) to North American Vertical Datum (NAVD). 5. RESOLUTION ADJUSTING THE COMPENSATION OF THE CITY CLERK. Adopt Resolution No. 2005 -_ adjusting the compensation of the City Clerk. 6. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2004 -2005 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR SHORTENED FISCAL YEAR 2005. 1) Approve Balboa Village Business Improvement District 2004 -2005 Annual Report; and 2) adopt Resolution of Intention No. 2005 and set the public hearing for March 22, 2005, SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS CONTRACTS AND AGREEMENTS NEWPORT COAST GROUNDWATER SEEPAGE STUDY - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH TODD ENGINEERS (C- 3758). Approve a Professional Services Agreement with Todd Engineers of Emeryville for performing a groundwater seepage study at a contract price of $89,842 and authorize the Mayor and City Clerk to execute the Agreement. 8. DREDGING PERMIT RENEWAL - APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS FOR ANALYTICAL SERVICES FOR RENEWAL OF REGIONAL GENERAL PERMIT 54. Approve a Professional Services Agreement with Weston Solutions, Inc. of Carlsbad for analytical services for the renewal of Regional General Permit 54 at a contract price not -to- exceed $350,000 and authorize the Mayor and the City Clerk to execute the Agreement. 9. PROFESSIONAL SERVICES AGREEMENT TO PREPARE A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE HOAG HOSPITAL MASTER PLAN UPDATE PROJECT. 1) Approve a Professional Services Agreement with BonTerra Consulting of Costa Mesa for professional environmental services to prepare a Supplemental Environmental Impact Report for an amount not to exceed $280,360; and 2) authorize the City Manager to sign the agreement. MISCELLANEOUS ACTIONS 10. BUDGET AMENDMENT - EXPANSION OF THE OASIS SENIOR CENTER TRANSPORTATION PROGRAM. Approve a budget amendment (05BA -047) in the amount of $66,666 to cover the expansion cost of the OASIS Senior Center transportation program. 11. PURCHASE OF REPLACEMENT MOTORCYCLES. 1) Authroize the purchase of two BMW motorcycles for an estimated cost of $40,000; and 2) approve a budget amendment (05BA -045) transferring $40,800 from unappropriated Internal Service Fund reserves to the General Services Department Account 6120 -9100 to fund the cost to purchase the two units and the associated setup costs. 12. GRANT AWARD/BUDGET AMENDMENT - CALIFORNIA SOBRIETY CHECKPOINT PROGRAM FOR LOCAL LAW ENFORCEMENT AGENCIES - FISCAL YEARS 2004/2005 AND 2005/2006. Accept the grant and approve a budget amendment (05BA -046) for the Police Department budget in the amount of $7,133 in Fiscal Year 2004/2005 and in the amount of $14,266 in Fiscal Year 2005/2006 to fund DUI sobriety checkpoints as a part of a nationwide campaign taking place during Calendar Year 2005. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. J. PUBLIC HEARINGS 13. CODE AMENDMENT NO. 2004 -013 - CIVIL PLAZA, 1 CIVIC PLAZA (PA2004- 272) - AMENDMENT TO THE CIVIC PLAZA PLANNED COMMUNITY TEXT (PC -19) TO CHANGE THE NAME OF THE DEVELOPMENT AND TO MODIFY THE SIGN REGULATIONS RELATING TO PROJECT IDENTIFICATION SIGNS BY CHANGING THE SIZE, LOCATION, NUMBER AND THE INCLUSION OF TENANT NAMES. Action: 1) Conduct public hearing; and 2) Approve the request by introducing Ordinance No. 2005 - and passing to second reading on March 22, 2005. 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 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 - City Centennial 2006 Committee Status report - City Council/Citizens Ad Hoc Committee for Marina Park Planning Status report - City Council Ad Hoc Marina Park Advisory Committee Status report - Other Committee Activities M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR MARCH 3, 2005. 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. N. CURRENT BUSINESS 15. COAST HIGHWAY CHANNELIZATION AND MEDIAN IMPROVEMENTS - AWARD OF CONTRACT (C -3558) AND APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH DMC ENGINEERING. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Action: 1) Determine that the project is exempt from environmental review pursuant to Section 15302 of the California Environmental Quality Act; 2) Approve the plans and specifications; 3) Increase revenue estimates in the Contributions Fund 250 by $25,000 from the Corona del Mar Business Improvement District (BID) and appropriate this amount to Account No. 7251- C5100698, adjusting their Fiscal Year 2004/05 contribution total to $145,000; 4) Approve a budget amendment (05BA -048) transferring $71,100 from Gas Tax Corona del Mar Pedestrian Improvements, Account No 7181- C5100693 to Account No. 7181- C5100698, $117,500 from the Transportation and Circulation Fund Balance 206 -3605 to account 7261 - 05100698 and $160,000 from the General Fund Unappropriated Surplus Fund Balance, 010 -3605 to Account 7013- C5100698; 5) Award the contract (C -3558) to All American Asphalt, Inc. for the total bid price of $506,326 and authorize the Mayor and the City Clerk to execute the contract; 6) Establish an amount of $63,967 (8 %) to cover the cost of unforeseen work; and 7) Approve Amendment No. 1 to Professional Services Agreement with DMc Engineering for final design services for $18,400. 16. PROFESSIONAL SERVICE AGREEMENT FOR COORDINATION SERVICES FOR THE 2006 CENTENNIAL CELEBRATION AND BUDGET AMENDMENT FOR 2006 CENTENNIAL CELEBRATION RELATED ACTIVITIES. Action: 1) Approve the Professional Services Agreement (PSA) with Dinwiddie Events in the amount of $125,000 to provide coordination services for the 2006 Centennial Celebration; and 2) Approve a budget amendment (05BA -049) for funding Centennial related events and activities as follows: in FY 2004/05 increase expenditure account 0129 -8250 - City Centennial Account ($175,700) and in FY 2005 /06 increase expenditure account 0129 -8250 - City Centennial Account ($350,000) and increase revenue account 0129.5901 - Centennial Donations ($528,900). 17. SEMENIUK SLOUGH PRELIMINARY ENGINEERING STUDY — AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS, INC. Action: Approve Amendment No. 1 to the Professional Services Agreement with Noble Consultants, Inc. of Irvine for professional services to develop a restoration project with the Corps of Engineers at a fee of $20,000 and authorize the Mayor and the City Clerk to execute the Agreement. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. O. ITEMS REMOVED FROM THE CONSENT CALENDAR 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 — In memory of Lorenzo C. "Plazi" Miller SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.