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HomeMy WebLinkAbout0 - City Council AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, May 22, 2007 Regular Council Meeting - 7:00 p.m. STEVEN ROSANSKY Mayor EDWARD D. SELICH DON WEBB Mayor Pro Tern LESLIE J. DAIGLE Council Member MICHAEL F. HENN Council Member HOMER BLUDAU - City Manager, HARKLESS - City Clerk, STEPHEN G. WOOD - Assistant City Manager. Council Member KEITH D. CURRY Council Member NANCY GARDNER Council Member ROBIN CLAUSON - City Attorney, LAVONNE BADUM - Director of Public Works, SHARON Z. 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 May 22, 2007 I. STUDY SESSION - 4:00 p.m II. CLOSED SESSION - [Refer to separate agenda from City Attorney] III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT (if applicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Reverend Karl Stuckenberg, Newport Center United Methodist Church DL. PRESENTATIONS Public Works Week Proclamation. Back Bay Loop Trail Signage by The Irvine Company. Newport Harbor High School Presentation on Research on the Issue of Polystyrene Polluting our Beaches and Ocean and Solutions for Eliminating this Problem X. NOTICE TO THE PUBLIC The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the Council. Speakers must limit comments to five minutes on agenda items. The Council has the discretion to extend or shorten the time limit on agenda or non - agenda items. As a courtesy, please turn cell phones and pagers off or set them in the silent mode. M. 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. RED LIGHT WILL SIGNIFY WHEN SPEAKERS TIME LIMIT IS UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. MI. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 13) 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. A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MAY 8, 2007. 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. R ORDINANCE FOR ADOPTION 3. ADDING CHAPTER 5.43 TO TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO STATE VIDEO FRANCHISES WHICH IMPLEMENTS THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006. Adopt Ordinance No. 2007 -9. C. CONTRACTS AND AGREEMENTS 4. OCEAN PIER REPAIRS - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3798). a) Accept the work; b) authorize the City Clerk to file a Notice of Completion; c) 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 d) release the Faithful Performance Bond one (1) year after Council acceptance. 5. NEWPORT SHORES ALLEY REPLACEMENT - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3722). a) Accept the work; b) authorize the City Clerk to file a Notice of Completion; c) 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 d) release the Faithful Performance Bond one (1) year after Council acceptance. 6. TRAFFIC ON -CALL SERVICES - APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS. Approve Professional Services Agreements with Austin -Foust Associates, Inc. and Transportation Studies, Inc. for on- call traffic engineering services and authorize the Mayor and City Clerk to execute the Agreements. 7. PUBLIC PUMP -OUT REPLACEMENT; BUDGET AMENDMENT. a) Authorize the City Manager to execute an agreement substantially similar to the draft attached to the staff report with Swift Slip to remove and replace the pump out facility for the sum of $57,924; and b) approve a budget amendment (07BA -072) to increase revenue estimates and expenditure appropriations by $20,000. 8. TAMURA DEEP WELL REHABILITATION — APPROVAL OF PROFESSIONAL SERVICE AGREEMENT WITH LAYNE CHRISTENSEN COMPANY. Approve a Professional Services Agreement with Layne Christensen Company for the rehabilitation of the City owned Tamura Deep Well located at 17415 Magnolia Street in Fountain Valley for a not to exceed price of $59,633 and authorize the Mayor and the City Clerk to execute the Agreement. 9. BACK BAY SCIENCE CENTER — COMPLETION AND ACCEPTANCE OF CONTRACT (C -3460) WITH JUNIOR STEEL CO. a) Accept the work performed and completed by Junior Steel Co.; b) authorize the City Clerk to file a Notice of Completion; c) 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 d) release the Faithful Performance bond one (1) year after Council acceptance. 10. 2005 -2006 VARIOUS CITY SEWER MAIN IMPROVEMENT AND BIG CANYON TRUNK SEWER REPLACEMENT — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3562). a) Accept the work; b) authorize the City Clerk to file a Notice of Completion; c) 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; d) release the Faithful Performance Bond one (1) year after Council acceptance; and e) approve a budget amendment (07BA -075) appropriating $241,389.39 to Account No. 7251- C5600292 for the completion of the Big Canyon Trunk Sewer Replacement and increase revenue estimates by $248,431.62 representing OCSD's final contribution for this work, including a 4% administrative fee on construction services provided by the City. D. MISCELLANEOUS 11. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING FISCAL YEAR JULY 1, 2007 TO JUNE 30, 2008. Authorize the City Clerk to publish a notice advertising for bids to be received on or before the hour of 4:00 p.m. on Friday, June 8, 2007 for a one -year contract covering the publishing and printing of legal notices, or other material required to be published and circulated in the City of Newport Beach. 12. 2007 -08 PROPOSED BUDGET HEARING; 2007 -08 APPROPRIATION LIMIT HEARING. Schedule a public hearing of the City's Proposed Budget and Appropriation Limit for the 2007 -08 fiscal year on June 12, 2007 at 7:00 p.m. and direct the City Clerk to publish a notice of said hearings. 13. ACCEPTANCE OF ORANGE COUNTY HEALTH CARE AGENCY FUNDS FOR USE IN ADDRESSING ALCOHOL RELATED ISSUES IN THE COMMUNITY. a) Accept funds for administrative purposes from the Orange County Health Care Agency, Alcohol and Drug Education and Prevention Team (ADEPT) in the amount of $10,000 to be used for compliance checks and enforcement of State and Municipal alcoholic beverage control violations in the community (07BA -073); and b) authorize the Administrative Services Director to establish revenue and expenditure accounts to facilitate the administration of these funds. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. PUBLIC HEARING 14. VACATION OF AN EXISTING SEWER AND WATER EASEMENT AND ACCEPTANCE OF NEW SEWER AND WATER EASEMENTS AT 1600 EAST COAST HIGHWAY. Action: a) Hold public hearing and close hearing for the vacation of an existing sewer and water easement; b) adopt Resolution No. 2007 -_ ordering the vacation of an existing sewer and water easement and the acceptance of new sewer and water easements at 1600 East Coast Highway; c) direct staff to process the vacation and acceptance of said easements; and d) direct the City Clerk to have the Resolution and easement documents recorded by the Orange County Recorder. 15. REVOCATION OR MODIFICATION AND /OR ADDITION OF CONDITIONS FOR NEWPORT BEACH BREWING COMPANY USE PERMIT. Action: Continue to June 12, 2007. XV. 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. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING COMMISSION AGENDA FOR MAY 17, 2007. Action: a) Receive oral report on the most recent Planning Commission actions; b) Council Member appeal of Planning Commission, Modification Committee or Planning Director approvals subject to appeal; and c) receive and file written report. 4 XVIII. CONTINUED BUSINESS 17. PARK DESIGN ELEMENTS FOR NEWPORT CENTER PARK. Action: Designate Newport Center Park as a passive park and that the park amenities include: benches, picnic tables, turf areas, parking and a restroom as recommended by the Parks, Beaches & Recreation Commission. 18. AWARD CONTRACT FOR BEACH CAMERA MONITORING SYSTEM FOR CORONA DEL MAR STATE BEACH. Action: a) Approve funding (07BA -074) from the General Fund Unappropriated Reserve in the amount of $170,395 (which includes a 5% contingency for the project) for the installation of a remote beach camera monitoring system for the Corona del Mar State Beach, Little Corona, and the Wedge beach areas; and b) approve the sole source purchase of the recommended system and related equipment from Thompson Engineering and the Dell Corporation. 19. REPORT ON THE ADOPTION OF AN INTERIM URGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW RESIDENTIAL USES THAT ARE TRANSITORY IN NATURE AS WELL AS THE ISSUANCE OF NEW SHORT -TERM LODGING PERMITS IN ALL RESIDENTIAL . ZONING DISTRICTS OF THE CITY. Action: Receive and file. XVDL 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. XX. ADJOURNMENT - May 30, 2007 - 6:00 p.m