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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, September 9, 2003 Regular Council Meeting STEVEN BROMBERG MAYOR TOD W. RIDGEWAY Mayor Pro Tem GARY L. PROCTOR Council Member DON WEBB Council Member 7:00 p.m. GARY ADAMS 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 September 9. 2003 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 - Reverend Dr. Dennis Short. Harbor Christian Church, & President, Newport -Mesa- Irvine Interfaith Council F. PRESENTATIONS Presentation of donation from the Friends of the Library. G. NOTICE TO THE PUBLIC If you wish to address the Council, please fill out the vellow 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 (I - 7) are considered by the Council to be routin-e 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 itenis prior to the time the Council cotes on. the motion unless members of the Council, staff or the public request specific items to be discussed anal /or removed from the Consent Calendar for separate action. Members of the public who ulish to discuss o Consent Calendar item should come forward to the lectern upon incitation by the Mayor, state their name and Consent Calendar Item number, and place the sign -in card in the box provided at the podium. READING OFMINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF AUGUST 26, 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. CONTRACTS AND AGREEMENTS 3. COAST HIGHWAY CHANNELIZATION AND LANDSCAPE MEDIAN IMPROVEMENTS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DMC. Approve a Professional Services Agreement with DMC Engineering of Irvine for professional engineering services at a contract price of $46.200 and authorize the Mayor and the City Clerk to execute the Agreement. 4. SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM 2003 -2004 - AWARD OF CONTRACT (C- 3629). 1) Approve the plans and specifications: 2) award the contract (C -3629) to Ranco Corporation for the total bid price of $205.581 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $20,000 to cover the cost of unforeseen work. 5. PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES FOR PREPARATION OF EIR ON REGENT NEWPORT BEACH (MARINAPARK). Approve and authorize the Mayor to execute the agreement to prepare the EIR for a cost not to exceed $194,540. MISCELLANEOUS ACTIONS 6. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO MAINTENANCE & OPERATIONS BUDGET ACCOUNTS FOR FY 2003/04. Approve a budget amendment (BA -007) in the amount of $185,000. 7. WORKERS COMPENSATION (WC) EXCESS INSURANCE COVERAGE AND COST RENEWAL - POLICY PERIOD 9/1/03 - 9/1/04. Approve the renewal of WC SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Excess Insurance coverage with the SIR of $1 million, coverage limits of $100,000,000 and premium of $434,679 for FY 03/04. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. I_TEMS REMOVED FROM THE CONSENT CALENDAR 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- urinates. 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 8. PLANNING COMMISSION AGENDA FOR SEPTEMBER 4, 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 HEARING 9. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO EZ DISPOSAL. Action: 1) Conduct public hearing; and 2) Adopt Ordinance No. 2003 -15 granting a Non - exclusive Solid Waste Franchise to EZ Disposal. O. CONTINUED BUSINESS 10. STATUS REPORT ON ACCOMPLISHMENT OF STAFF'S TOP PRIORITIES FOR 2002 -2003. Action: Accept the staff report and presentation information; and provide feedback to the City Manager as to the Council's satisfaction or lack of satisfaction as to the status report results. 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. P. CURRENT BUSINESS 11. REQUEST FOR WAIVER OF SPECIAL EVENT FEES FOR THE LA STRADA DELL' ARTE. Action: Deny request to waive any fees or policies associated with this event. Q. MOTION FOR RECONSIDERATION A motion to reconsider the cote on anv action . taken. by the City Council at either this meeting ov the previous meeting may be made only by wi.e of the Council menibes who voted with the prevailing side. R. ADJOURNMENT — In memory of Al Schmehl * * * * * * * * * * * * * * * * * ** SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA REGULAR MEETING SEPTEMBER 9, 2003 CONSENT CALENDAR S12. BACK BAY SCIENCE CENTER — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RON YEO, FAIA ARCHITECT, INC. (comd. from 8/26/03). 1) Approve a final design Professional Services Agreement with Ron Yeo, FAIA Architect, Inc. for $363,000 and authorize the Mayor and the City Clerk to execute the Agreement; and 2) approve a budget amendment (BA -006) establishing a contribution account in the amount of $153,000 for the California Department of Fish and Game Federal grant funds in Account No. 7251- C0310600. S13. SALE OF THE ACKERMAN PROPERTY (2214 -2122 WEST OCEAN FRONT AND 106 -110 22ND STREET). Adopt Resolution No. 2003 - authorizing the sale of the Ackerman property to 2116 Ocean Front Associates, a California limited partnership, for the purchase price of One Million Nine hundred and Forty Thousand Dollars ($1.940.000); and 1) authorize the City Manager to execute all documents associated with the sale of the Ackerman property; 2) when the sale is complete, direct the Finance Director to establish a lifetime annuity or other investment of the proceeds to the City in a manner that dedicates 75% of interest income to high -tech library equipment and 25% to scholarships for "needy, qualified students "; and 3) direct the City Manager to review and report back to Citv Council on any recommended changes to the administration of the scholarship portion of the Ackerman Fund.