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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, June 10, 2003 Regular Council Meeting - 7:00 p.m. STEVEN BROMBERG MAYOR TOD W. RIDGEWAY GARY ADAMS Mayor Pro Tern Council Member GARY L. PROCTOR Council Member DON WEBB Council Member RICHARD A. NICHOLS Council Member JOHN HEFFERNAN Council Member HOMER BLUDAU - City Manager, ROBERT BURNHAM - City Attorney, LAVONNE HARKLESS - City Clerk, STEPHEN G. BADUM - Director of Public Works, SHARON Z. WOOD - Assistant City Manager. NOTICE TO THE PUBLIC If you would like to address the City Council on a scheduled agenda item, please complete the yellow SPEAKER'S CARD. The cards are available in the lobby of the Council Chambers. Please identify on the card your name and the item on which you would like to speak and place it in the box at the podium when you address the Council. The SPEAKER'S CARD assists the Mayor in ensuring that all persons wishing to address the Council are recognized and your name is recorded correctly in the official records. 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. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD June 10, 2003 STUDY SESSION — 4:00 p.m CLOSED SESSION — [Refer to separate agenda from City Attorney] RECESS aaaaaaaaaaaaaaaaaaa 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 — Pastor Frank Custer, Lighthouse Coastal Community Church, Costa Mesa F. PRESENTATIONS Proclamation recognizing Ken & Marge Lindahl, residents & retiring business owners on Balboa Island San Joaquin Reservoir Presentation, Paul Jones, IRWD G. NOTICE TO THE PUBLIC If you wish to address the Council, please fill out the yellow sign -in card and place it in the box at the podium. 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 TAPE 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— 15) 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 Consent Calendar Item number, and place the sign -in card in the box prouided at the podium. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MAY 27, 2003. 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 3. COUNCILMANIC RE- DISTRICTING. Adopt Ordinance No. 2003 -11 changing and redefining the boundaries of Councilmanic districts. RESOLUTION FOR ADOPTION 4. RESOLUTION RELATING TO A PROPERTY TAX TRANSFER WITH THE CITY OF COSTA MESA FOR PORTIONS OF THE BAY KNOLLS COMMUNITY. Adopt Resolution No. 2003 -_ agreeing to a property tax exchange for the City's pending annexation of certain parcels in the Bay Knolls neighborhood between Newport Beach and Costa Mesa. CONTRACTS AND AGREEMENTS JAMBOREE ROAD MEDIAN IMPROVEMENTS — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3459). 1) Accept the work and approve change orders 2, 4b, c, d, 5 and 6; 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; 5) approve a budget amendment (BA -075) appropriating $5,849 from the unappropriated balance of the Circulation and Transportation Fund to Account No. 7261- C5100580; and 6) approve a budget amendment (BA -075) appropriating $27,370.62 to Contributions Account No. 7251- C5100580 and increase revenue estimates by $27,370.62 into Account No. 250 -5901 to reflect the City of Irvine's contributions for the median improvements. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 6. FIRE STATION NO. 3 PAVEMENT REHABILITATION — AWARD OF CONTRACT (C- 3605). 1) Approve the plans and specifications; 2) award the contract (C -3605) to Hillcrest Contracting, Inc. of Corona for the total bid price of $139,417.80 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $13,927.20 to cover the cost of unforeseen work and material testing. IRVINE AVENUE 12" WATER MAIN IMPROVEMENTS — SHERINGTON PLACE TO DOVER DRIVE — AWARD OF CONTRACT (C- 3450). 1) Approve the plans and specifications; 2) award the contract (C -3450) to Cody Engineering for the total bid price of $438,562 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $43,000 to cover the cost of unforeseen work; and 4) approve a budget amendment (BA -076) appropriating $150,362 from the unappropriated balance of the Water Enterprise Fund to Account No. 7501 - 05500386. 8. NEWPORT HEIGHTS ALLEY REPLACEMENT — AWARD OF CONTRACT (C- 3565). 1) Approve the plans and specifications; 2) award the contract (C- 3565), Alternate "A" (construction of alleys in concrete), to Nobest Inc. for the total bid price of $275,115 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $27,000 to cover the cost of unforeseen work. 9. BALBOA VILLAGE IMPROVEMENTS PHASE 2 — AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES. 1) Approve Amendment No. 1 to Harris & Associates, Inc. for supplemental construction management services and authorize the Mayor and City Clerk to execute the Amendment for a not -to- exceed fee of $69,980; and 2) approve a budget amendment (BA -074) appropriating $69,980 from the unappropriated balance of the General Fund to Account No. 7024- C5100543, Balboa Village Improvement Project — Phase II. 10. PROFESSIONAL SERVICES AGREEMENT TO PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE ST. ANDREWS CHURCH PROJECT. Approve a Professional Services Agreement with Keeton Kreitzer Consulting of Tustin, for professional environmental services to prepare an EIR for a not to exceed cost of $92,030. 11. ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE AGREEMENT. Approve five -year agreement with the Orange County District Attorney's Office for criminal prosecution of City Municipal Code. MISCELLANEOUS ACTIONS 12. PROPOSED UPDATE OF CITY COUNCIL POLICY F -2, RESERVESIDESIGNATIONS OF FUND BALANCE. Approve proposed revisions to City Council Policy F -2. 13. APPLICATION FOR 2003 ENVIRONMENTAL PROTECTION AGENCY GRANT FUNDS FOR BIG CANYON RESERVOIR COVER. Authorize the City Manager to sign application for the 2003 Environmental Protection Agency Grant Funds in the amount of $867,300 for Big Canyon Reservoir Cover project. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 14. APPOINTMENT OF BILL SINCLAIR TO ECONOMIC DEVELOPMENT COMMITTEE. Appoint Bill Sinclair as Corona del Mar Chamber of Commerce representative to the Economic Development Committee. 15. EXCEPTIONS TO CITY COUNCIL POLICY B -8 — BIKE, FOOT RACE AND SURF CONTEST POLICY. Approve the following exception to Council Policy B -8 for Athletic Events for calendar year 2003: Special Event Permit Application No. 03135 for the Walk for the Cure sponsored by the National Childhood Cancer Foundation, Sunday, November 2, 2003 at Fashion Island ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR K. PUBLIC COMMENTS Public Comments are inuited 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 — Other Committee Activities M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING COMMISSION AGENDA FOR JUNE 5, 2003. Action: 1) Receive oral report on the most recent Planning Commission actions; 2) Council Member call -up of those items subject to call-up; and 3) Receive and file written report. N. PUBLIC HEARINGS 17. FISCAL YEAR 2003 -04 PROPOSED BUDGET HEARING. Action: 1) Conduct public hearing; and 2) After taking public input, prepare a "checklist" of proposed changes to the proposed budget that will be reviewed by the City Council at the meeting of June 24, 2003; and direct the preparation of the Budget Resolution for adoption at the Council Meeting of June 24, 2003, including any "checklist" items that are recommended for approval. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. A 18. ADOPTION OF THE ANNUAL APPROPRIATION (GANN) LIMIT. Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 2003 - approving the City's Appropriation (Gann) Limit for the 2003 -04 fiscal year in the amount of $30,781,765. CONTINUED BUSINESS 19. APPOINTMENTS BY THE CITY COUNCIL TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE AND THE AVIATION COMMITTEE. Action: Confirm the appointments to the Environmental Quality Affairs Citizens Advisory Committee and the Aviation Committee, as announced by each Council Member. Environmental Qualitv Affairs Citizens Affairs Committee (District 3) Council Member Webb's appointment of (regular member). (District 4) Council Member Adams' appointment of (regular member). Aviation Committee (District 4) Council Member Adams' appointment of (alternate). 20. BOARD AND COMMISSION SCHEDULED VACANCIES. Action: Confirm the nominations made by the Ad Hoc Appointments Committee, as well as the Civil Service Board (as listed in staff report). 21. CITY HALL FACILITIES SCHEMATIC DESIGN — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH GRIFFIN HOLDINGS, INCORPORATED (contd. from Study Session of 4/08/03 & 5/27/03). Action: 1) Receive and file report titled, "Comparisons of Continued Occupancy of Existing City Hall vs. Effective Costs of Occupancy in a Replacement City Hall "; 2) Direct staff regarding any information or investigations that Council would like for staff to undertake regarding a possible site for City Hall off the Balboa Peninsula; or if nothing further is desired on site selection, make that determination; 3) Approve a Professional Services Agreement with Griffin Holdings Incorporated, for the not to exceed price of $578,185 and authorize the Mayor and the City Clerk to execute the Agreement; 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 4) Approve a budget amendment (BA -072) appropriating $253,185 from the balance of the General Fund Reserve for Capital Improvement to Account No. 7011- C2910545; 5) Authorize staff to engage discussions with Fritz Duda, owner of the Via Lido Plaza center, regarding a lot -line adjustment; and 6) Direct staff to schedule a series of community workshops regarding the planning and design of the project. P. CURRENT BUSINESS 22. PROFESSIONAL SERVICES AGREEMENT AND BUDGET ADJUSTMENT FOR GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT. Action: 1) Approve the Professional Services Agreement (PSA) with EIP Associates for the General Plan Update and its EIR; and 2) Approve a budget amendment (BA -077) transferring $635,193 from the General Fund Unappropriated Reserve to Account No. 2710 -8293, and $55,000 from the General Fund Unappropriated Reserve to Account No. 2710 -8080 for publishing and printing expenses for two newsletters and project related in -house printing costs. 23. APPOINTMENTS TO THE COASTAL/BAY WATER QUALITY CITIZENS ADVISORY COMMITTEE. Action: 1) Appoint Council Member to the vacant Council seat on the Coastal/Bay Water Quality Citizens Advisory Committee; 2) Confirm the appointment of as Council Member Proctor's appointment to the Coastal/Bay Water Quality Citizens Advisory Committee; and 3) Designate as the Vice - Chairman of the Coastal/Bay Water Quality Citizens Advisory Committee. 24. REPORT FROM CITY ATTORNEY ON TESTIMONY GIVEN BY COUNCIL MEMBER NICHOLS AT THE PLANNING COMMISSION MEETING OF MAY 22, 2003. Action: If desired, direct staff to (a) prepare and agendize for City Council consideration a resolution disapproving comments made by Council Member Nichols during testimony at the Planning Commission on May 22, 2003; (b) prepare and agendize for City Council consideration a code of conduct as well as enforcement mechanisms and procedures; and/or (b) evaluate methods to require City officials and/or employees to disclose information regarding possible violations of law to appropriate persons /departments. 25. CITY COUNCIL AND PLANNING COMMISSION CALLS FOR REVIEW. Action: Give staff direction on desired changes to the Calls for Review process, or determine that no changes are necessary. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 — In memory of Sharen (Sherry) Kerns * * * * * * * * * * * * * * * * * ** SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.