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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, February 28, 2006 Regular Council Meeting STEVEN ROSANSKY Mayor Pro Tern TOD W. RIDGEWAY Council Member LESLIE J. DAIGLE Council Member 7:00 p.m. EDWARD D. SELICH Council Member RICHARD A. NICHOLS Council Member KEITH D. CURRY 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. NBIN 90 90 SAi (inq %tiraugti Aa NEWPORT BEACH 1906 -2006 NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS — 8800 NEWPORT BOULEVARD February 28, 2006 STUDY SESSION — 4:00 p.m CLOSED SESSION — [Refer to separate agenda from City Attorney] RECESS 444448trx4R44trx44444 A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C. CLOSED SESSION REPORT (if auulicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION — Reverend Dr. George R. Crisp, Christ Church by the Sea United Methodist F. G. NOTICE TO THE PUBLIC The City prooides 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. 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 have received detailed staff reports on each of the items recommending an action. here 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 SPECIAL MEETING OF FEBRUARY 7, 2006 AND ADJOURNED REGULAR AND REGULAR MEETING OF FEBRUARY 14, 2006. 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. BAYSIDE RESIDENTIAL PLANNED COMMUNITY - 919 BAYSIDE DRIVE (PA2004 -072). Adopt Ordinance No. 2006 -6 approving Code Amendment No. 2005- 07 and adopting Planned Community Text No. 54. 4. GENERAL PLAN AMENDMENT NO. 2006 -001; LOCAL COASTAL PROGRAM AMENDMENT NO. 2006 -001; AND CODE AMENDMENT NO. 2006 -001 — CALTRANS WEST PROPERTY, 4850 WEST COAST HIGHWAY (PA2006 -016). Adopt Ordinance No. 2006 -7 approving Code Amendment No. 2006 -001. 5. FORMATION OF THE NEWPORT BEACH/SANTA ANA HEIGHTS REDEVELOPMENT AGENCY. Adopt Ordinance No. 2006 -8. RESOLUTION FOR ADOPTION 6. INITIATION OF A PRE - ANNEXATION GENERAL PLAN AMENDMENT AND ZONE CODE AMENDMENT TO ESTABLISH A GENERAL PLAN AND ZONING DESIGNATION OF GOVERNMENT, EDUCATIONAL, AND INSTITUTIONAL FACILITIES (GEIF), FOR PROPERTY LOCATED AT 107 INDUSTRIAL WAY, IN THE CITY OF COSTA MESA. Adopt Resolution No. 2006- initiating the General Plan Amendment and the Zone Code Amendment. CONTRACTS AND AGREEMENTS WEST NEWPORT STREETS AND ALLEYS PAVEMENT REHABILITATION - AWARD OF CONTRACT (C- 3723). 1) Approve the plans and specifications; 2) award the contract (C -3723) to All American Asphalt for the total bid price of SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS $922,922 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $90,000 to cover the cost of unforeseen work and $13,500 for geotechnical services for roadway and asphalt compaction testing under the existing on -call professional services agreements; and 4) approve a budget amendment (06BA -046) in the amount of $61,580.75 from Account No. 7501 - 05500386, Water Transmission Main Master Plan Improvements to Account No. 7501- C5100768, West Newport Pavement Rehabilitation. MISCELLANEOUS 8. EXCESS GENERAL LIABILITY INSURANCE RENEWAL. Approve the renewal of the excess general liability insurance coverage for a twelve month policy with The Insurance Company of the State of Pennsylvania (an AIG Company) and Lexington Insurance (policy has a self- insured retention (SIR) of $500,000 and a $1 million SIR for Employment Practices Liability Insurance (EPLI). 9. EXCESS WORKERS COMPENSATION (WC) INSURANCE RENEWAL. Approve the renewal of the excess workers compensation coverage for a twelve month policy with a self- insured retention (SIR) of $1 million, statutory coverage limited and premium for FY 2006/07 as outlined in staff report. 10. PROPERTY INSURANCE PROGRAM RENEWAL. Approve the renewal of the property insurance program for a total premium of $634,155. 11. BUDGET AMENDMENT — SURFING /SAILING/TENNIS. Approve a budget amendment (06BA -047) in the amount of $55,302 to enhance the City's recreational programs. 12. AUTHORIZATION FOR THE PURCHASE OF THREE VEHICLES. Authorize the purchase of two Ford Escapes and a 16 yard rear loader for $135,500. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 18. VACATION AND ABANDONMENT OF A PORTION OF LA JOLLA DRIVE, LOCATED IN THE NEWPORT HEIGHTS AREA. Action: 1) Hold public hearing; and 2) Adopt Resolution No. 2006 -_ ordering the vacation and abandonment of a portion of La Jolla Drive; 3) Direct staff to process the vacation; and 4) Direct the City Clerk to have the resolution recorded by the Orange County Recorder. 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. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 FEBRUARY 23, 2006. 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. 401 38TH STREET - APPEAL OF STAFF DECISION TO NOT ALLOW A NEW CURB CUT ON NEWPORT ISLAND. Action: 1) Approve Encroachment Permit N2006 -0073: OR 2) Deny Encroachment Permit N2006 -0073 based on its nonconformance with the provisions of Council Policy L -2.C.; and 3) Direct staff to condition the owner to close the existing curb cut fronting the property on 38th Street in conjunction with the construction of the proposed duplex. 16. BACK BAY SCIENCE CENTER - AWARD OF CONTRACT (C- 3460), APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DOUGLAS E. BARNHART, AND AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH GAIL PICKART. Action: 1) Approve the plans and specifications; 2) Award or reject the bid packages (1 -16) for C -3460 as outlined in the staff report for the total bid price of $4,469,033 and authorize the Mayor and the City Clerk to execute the contracts; SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 3) Establish an amount of $245,000 to cover the cost of unforeseen work; an amount of $260,000 to cover contracts for items to be re -bid; and an amount of $212,900 for professional support services, preconstruction services and relocation costs to move existing modular units; 4) Approve a Construction Manager at Risk Agreement with Douglas E. Barnhart, Inc. authorizing compensation for an amount not to exceed $574,631 and authorize the Mayor and the City Clerk to execute the Agreement; 5) Approve Amendment No. 3 to Professional Services Agreement with Gail P. Pickart, P.E., for project management during construction for a not to exceed amount of $45,000 and authorize the Mayor and the City Clerk to execute the Amendment; 6) Approve budget amendments (06BA -045) in the aggregate amount of $5,806,564 from Account Numbers 010 -3605 ($1,661,164), 230 -3605 ($311,000), 457 -4879 ($112,000), 457- 4879-1 ($615,400), 457 -5927 ($69,000), 457 -4911 ($1,230,000), 457 -4930 ($308,000), 457 -4929 ($600,000), 457 -4940 ($400,000), 457 -4928 ($500,000) to Account No. 7457 - 05100661. 7) Authorize the City Manager to enter into a Funding Acceptance and Recognition Agreement with micoean for signage and an entryway monumentation that recognizes miocean's $500,000 contribution to the BBSC. 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.