HomeMy WebLinkAbout0 - Regular AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, August 9,
Regular Council Meeting
JOHN HEFFERNAN
MAYOR
DON WEBB
Mayor Pro Tern
TOD W. RIDGEWAY
Council Member
STEVEN ROSANSKY
Council Member
2005
- 7:00 p.m.
LESLIE J. DAIGLE
Council Member
EDWARD D. SELICH
Council Member
RICHARD A. NICHOLS
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://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.
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NEWPORT BEACH CITY COUNCIL AGENDA
COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD
August 9, 2005
STUDY SESSION - 4:00 p.m.
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- Rabbi Marc Rubenstein, Temple Isaiah
F. PRESENTATIONS
O.C. Human Relations Commission Award for Outstanding Contributions in the
Area of Community Oriented Policing to the Police Department (Teen Academy) -
presented by Pat Krone, OCHR Commissioner.
Proclamation for Russian National Orchestra Day.
Proclamation for Tallship Argus 100th Birthday.
G. NOTICE TO THE PUBLIC The City provides a yellow sign -in card for those wishing to
address the Council. The card is used to assist in the preparation of the minutes and the
completion of it is optional. Completed cards should be placed in the box at the podium. Asa
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 — 10) 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 front 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 MEETING AND REGULAR
MEETING OF JULY 26, 2005. 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.
ORDINANCES FOR ADOPTION
3. GENERAL PLAN AMENDMENT NO. 2004 -006 AND CODE AMENDMENT NO.
2005 -006 - MASTER DEVELOPMENT CORPORATION OFFICE EXPANSION,
4200 VON KARMAN AVENUE (PA2004 -231). Adopt Ordinance No. 2005 -14 for Code
Amendment No. 2005 -006.
4. ORDINANCE RESTRICTING TRUCKS ON RIDGE PARK ROAD. Adopt
Ordinance No. 2005 -15 adding Section 12.32.022 to the NBMC to establish a vehicle
weight limit of eight thousand (8,000) pounds on Ridge Park Road between Newport
Coast Drive and Vista Ridge Road.
RESOLUTIONS FOR ADOPTION
CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL:
ANNUAL REPORT FOR FISCAL YEAR 2004 — 2005 AND ADOPTION OF
RESOLUTION OF INTENTION TO LEVY FOR SHORTENED FISCAL YEAR
2005 -2006. 1) Approve the Corona del Mar Business Improvement District 2004-
2005 Annual Report; and 2) adopt Resolution of Intention No. 2005 -_ to levy
assessments and set the public hearing for August 23, 2005.
CONTRACTS AND AGREEMENTS
6. AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES WITH PARK
WEST LANDSCAPE MAINTENANCE, INC. Award the Landscape Maintenance
Agreement with Park West Landscape Maintenance, Inc. in the amount of $390,315
to provide landscape maintenance to City parks and facilities; and approve a budget
amendment (06BA -007) in the amount of $71,751.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
7. BEGONIA PARK PLAYGROUND IMPROVEMENTS - COMPLETION AND
ACCEPTANCE OF CONTRACT (C- 3641). 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; 4) release the Faithful
Performance Bond one year after Council acceptance; and 5) authorize the Public
Works Director to approve Change Order No. 2 in the amount of $14,447.33 and
authorize the encumbrance of an additional $14,374.21 and budget amendment
(06BA -005) appropriating the same amount from Unappropriated BET Fund balance,
270 -3605 to account 7271- C4120724.
8. BALBOA VILLAGE IMPROVEMENT PLAN - PHASE 3, APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS. Approve a
Professional Services Agreement with PSOMAS of Costa Mesa for design services for
the Balboa Village Improvement Plan - Phase 3 at a not to exceed contract price of
$75,000 and authorize the Mayor and the City Clerk to execute the agreement.
MISCELLANEOUS ACTIONS
9. APPROVAL OF TASTE OF NEWPORT BANNERS - ENCROACHMENT
PERMIT N2005 -0305. Conditionally approve the request of the Newport Beach
Chamber of Commerce for the installation of 268 banners from August 24, 2005 to
September 21, 2005 for the Annual Taste of Newport (installation shall be along
Jamboree Road, MacArthur Boulevard, Westcliff Drive, San Joaquin Hills Road,
Newport Center Drive East/West, Newport Center Drive, Coast Highway and
Newport Boulevard).
10. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT
BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR
EXPENDITURE BUDGET FOR FY2005 -06. Approve a budget amendment
(06BA -006) to increase expenditure appropriations by $35,000 in two 4090
Foundation accounts and to increase revenue estimates for the same amount in
Account No. 4090 -5893.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR,
EXCEPT FOR THOSE ITEMS REMOVED.
J. PUBLIC HEARINGS
11. MASTER FEE SCHEDULE.
Action: 1) Conduct public hearing; and
2) Adopt Resolution No. 2005 -_ updating the Master Fee
Schedule.
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.
3
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
L.
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 — 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
PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
12. PLANNING COMMISSION AGENDA FOR AUGUST 4, 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
13. CORONA DEL MAR STATE BEACH IMPROVEMENTS — AWARD OF
CONTRACT (C- 3461).
Action: 1)
Approve the plans and specifications for Beach Access Trail
Repair at Inspiration Point and for Corona del Mar State
Beach Improvements;
2)
Approve a budget amendment (06BA -008) appropriating
$29,648 from Contributions, 7251- C5100569, to be
reimbursed when FEMA funds are received;
3)
Approve a budget amendment (06BA -008) appropriating
$3,219,904 to account 7011- C5100569 representing the
General Fund contribution to the project (of this contribution,
which includes an allowance for unforeseen work, $3 million
is proposed to be utilized from existing Capital Improvement
reserves while the remaining $219,904 would come from
Unappropriated General Fund Surplus Fund Balance);
4)
Award the contract (C -3461) to Weeger Bros., Inc. for the total
bid price of $3.945,000 and authorize the Mayor and the City
Clerk to execute the contract; and
5)
Establish an amount of $400,000 to cover the cost of
unforeseen work.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
14. CITY COUNCIL REVIEW AND DIRECTION TO CONSULTANTS ON
CURRENT PLANNING STATUS OF PROPOSED CITY HALL STRUCTURE
AND GROUNDS.
Action: Provide comments and direction to the project consultants regarding
the proposed City Hall structure, space allocations, features,
elevations, LEED certification, size, andany other issues pertaining to
the project.
O. ITEMS REMOVED FROM THE CONSENT CALENDAR
P. MOTION FOR RECONSIDERATION A motion to reconsider the uote on any action
taken by the City Council at either this meeting
or the preuious meeting may be made only by
one of the Council members who uoted with the
preuailing side.
Q. ADJOURNMENT — Adjourn to Thursday, August 11, 2005 — 6:00 p.m.
[St. Andrews Presbyterian Public Hearing]
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.