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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, September 25, 2001 Regular Council Meeting GARY ADAMS MAYOR TOD W. RIDGEWAY Mayor Pro Tern GARY L. PROCTOR Council Member NORMA J. GLOVER Council Member 7:00 p.m. STEVEN BROMBERG Council Member DENNIS D. O'NEIL 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, address, 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 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. NEWPORT BEACH CITY COUNCIL AGENDA September 25, 2001 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 FOLLOWED BY THE PERFORMANCE OF "THE STAR SPANGLED BANNER" BY THE BALBOA BACHELORS E. INVOCATION - Pastor Joey Rozek, Calvary Chapel of Costa Mesa. F. PRESENTATION Presentation of Plaques of Appreciation to outgoing Board and Commission members (contd. from 9/11/01). 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 (I — 25) are considered by the Council to be routine and will all be enacted by one inotion in the form listed below. The City Council Members have received detailed staff reports oil each of the items recommending all action. There will be no separate discussion of these items prior to the time the Council votes oil 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 sien -in card in the box provided at the podium. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETINGS OF AUGUST 28, 2001, ADJOURNED REGULAR AND REGULAR MEETINGS OF SEPTEMBER 11, 2001 [CANCELLED MEETINGS]. 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. RESOLUTION FOR ADOPTION 3. RESOLUTION NO. 2001- TO RESCIND CURRENT NO. 91 -100, PARKING RESTRICTIONS ON BAY AVENUE 9/11/01). Adopt Resolution No. 2001 - to rescind Resolution No established a No Parking/Tow -Away Zone on the northerly side between Palm and Adams Streets on Fridays and Saturdays betty 6:00 p.m. and midnight. RESOLUTION (contd. from 91 -100, which of Bay Avenue een the hours of WEST NEWPORT SEWER MAIN REPLACEMENT PROJECT — AWARD OF CONTRACT (C -3453) (contd. from 9/11/01). 1) Approve the plans and specifications; 2) adopt Resolution No. 2001 - affirming the emergency bidding process for the West Newport Sewer Main Replacement Project (C -3453) with a minimum of five affirmative votes approving the process per Section 1110 of the City Charter; 3) award the contract (C -3453) to A.D. General Engineering for the total bid price of $114,540 and authorize the City Manager to execute the contract; 4) establish an amount of $15,000 to cover the cost of unforeseen work; and 5) authorize a budget amendment (BA -010) transferring $150,000 from the unappropriated Wastewater Fund Balance to Account No. 7531- C5600292. 5. AMENDMENT TO RESOLUTION ESTABLISHING ECONOMIC DEVELOPMENT COMMITTEE. Adopt Resolution No. 2001 amending Resolution No. 98 -17 to clarify the purpose and responsibilities of the Economic Development Committee. 6. RESOLUTION ESTABLISHING THE NEWPORT COAST ADVISORY COMMITTEE (NCAC). 1) Adopt Resolution No. 2001 - creating the Newport SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Coast Advisory Committee; and 2) direct the City Clerk to put out a call for applicants for membership to the Committee. ORDINANCE FOR ADOPTION NEW SUBDIVISION CODE: CODE AMENDMENT 2001 -002 (contd. from 9/11/01). Adopt Ordinance No. 2001 -18. CONTRACTS AND AGREEMENTS 8. BUCK GULLY PUMP STATION REHABILITATION (C -3368) — AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH THE KEITH COMPANIES (contd. from 9/11/01). Approve Amendment No. 1 to The Keith Companies for additional design services for Buck Gully Pump Station Rehabilitation and upgrades to the Carnation and Linda Isle pump stations and authorize the Mayor and City Clerk to execute the amendment for a fee of $39,220. 9. CONSTRUCTION MANAGEMENT SERVICES FOR BALBOA VILLAGE IMPROVEMENTS, PHASE 1 (C -3333) (contd. from 9/11/01). Approve a $361,100 Professional Services Agreement with Harris & Associates to provide construction management, inspection, and materials testing during Phase 1 construction, and authorize the Mayor and City Clerk to execute the agreement. 10. MAIN BEACH SEWER FORCE MAIN REPLACEMENT — AWARD OF CONTRACT (C -3296) (contd. from 9/11/01). 1) Approve the plans and specifications; 2) award a contract (C -3296) to GCI Construction, Inc. for the total bid price of $328,690 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $30,000 to cover the cost of unforeseen work. 11. 2001 -2002 SIDEWALK, CURB AND GUTTER REPLACEMENT — AWARD OF CONTRACT (C -3427) (contd. from 9/11/01). 1) Approve the plans and specifications; 2) award a contract (C -3427) to C.J. Construction, Inc. for the total bid price of $117,262.50, and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $11,000 to cover the cost of testing and unforeseen work. 12. PACIFIC COAST HIGHWAY SIDEWALK FROM CAMEO SHORES ROAD TO CITY LIMIT (C -3148) — COMPLETION AND ACCEPTANCE (contd. from 9/11/01). 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; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 13. APPLICATION TO RELOCATE A CURB OPENING AT 201 APOLENA AVENUE ON BALBOA ISLAND (EPN2001 -0297) (contd. from 9/11/01). Approve the application subject to an Encroachment Permit from the Public Works Department. 14. CONTRACT WITH THE UNIVERSITY OF CALIFORNIA: WATER QUALITY TESTING IN STORM DRAINS AND TRIBUTARIES TO NEWPORT BAY (contd. from 9/11/01). Authorize the Mayor to execute a $36,179 sole- source contract with the Regents of the University of California for the testing of storm SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. drains and tributaries to Newport Bay for the presence of human viruses and bacteria. 15. NEWPORT CENTER FIRE STATION NO. 3 MECHANICAL UPGRADE AND RESTROOM ADDITION (C- 3385). 1) Approve the plans and specifications; 2) dismiss the protest of Construct 1 One Corp. as unsubstantiated; 3) award a contract (C -3385) to GK Construction, Inc. for the total bid price of $224,900 and authorize the Mayor and the City Clerk to execute the contract; 4) establish an amount of $20,100 to cover the cost of testing and unforeseen work; and 5) authorize a budget amendment (BA -009) appropriating $23,631 from General Fund reserves in Account No. 7271- C2320527. MISCELLANEOUS ACTIONS 16. RECOMMENDATION FROM GENERAL PLAN UPDATE COMMITTEE ON COMMUNITY OUTREACH VISION FESTIVAL (contd. from 9/11/01). Accept the recommendation of the General Plan Update Committee and set the General Plan Vision Festival for January 12, 2002. 17. DONATION OF SURPLUS PROPERTY (contd. from 9/11/01). Approve the donation of the property to Share Our Selves Corporation and direct staff to arrange for the property to be made available for pick -up at their convenience. 18. COUNCIL APPROVAL OF WEBLINK REGARDING BALBOA VILLAGE IMPROVEMENT PHASE I TO CITY S MAIN WEB PAGE (contd. from 9/11/01). Approve the informational link to the City's web page. 19. REQUEST TO INITIATE A GENERAL PLAN AMENDMENT TO INCREASE THE DEVELOPMENT ALLOCATION WITHIN THE AIRPORT AREA 2 -7 (STATISTICAL AREA L4), NEWPORT PLACE BLOCK G & H TO PERMIT A 1,500 SQUARE FOOT ADDITION TO AN EXISTING OFFICE BUILDING LOCATED AT 1811 QUAIL STREET [CAMCO PACIFIC (PA2001 -157)] (contd. from 9/11/01). Initiate the amendment to the General Plan, Land Use Element as recommended by the Planning Commission by approving GI 2001 -001. 20. SURETY REDUCTION FOR CONCRETE ALLEY EXTENSION STRUCTURE ADJACENT TO 405 GOLDENROD AVENUE, CORONA DEL MAR (N2001- 110). 1) Approve the improvement plans and specifications for the concrete alley extension constructed in conjunction with Encroachment Permit No. 2001 -110; 2) authorize the City Clerk to release the payment bond certificate guaranteeing faithful performance in the amount of $29,000 (Bond No. 0719033128) upon receipt of a reduced surety in the amount of $8,000; and 3) authorize the City Clerk to release the payment bond certificate guaranteeing payment of labor and materials (Bond No. 0719033136). 21. RELEASE OF FAITHFUL PERFORMANCE BOND FOR RESUBDIVISION NO. 866. Authorize the City Clerk to release the Faithful Performance Bond (Bond No. 3SM 709 229 00). 22. ADOPTION OF A PROGRAM FOR DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS FOR FEDERAL FISCAL YEAR 2001- 2002. 1) Approve the DBE Program for the City of Newport Beach for Federal Fiscal SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS Year beginning October 1, 2001 and ending September 30, 2002; and 2) authorize the Public Works Director to submit the approved DBE Program to Caltrans staff. 23. AFFORDABLE HOUSING TASK FORCE RECOMMENDATIONS ON PROPOSALS FOR SENIOR AFFORDABLE HOUSING. 1) Decline all proposals; and 2) direct staff to continue exploring use of in -lieu fees to provide affordable housing. 24. APPROVE BUDGET AMENDMENT IN THE AMOUNT OF $149,645 TO TRANSFER FUNDS FROM THE LIBRARY LIABILITY ACCOUNT AND THE REIBER FUND TO PROVIDE LITERACY SERVICES, LIBRARY AND COLLECTION DEVELOPMENT, IMPROVEMENTS TO THE CENTRAL LIBRARY CHILDREN'S ROOM, AND MATERIALS FOR THE BALBOA BRANCH LIBRARY. Approve BA -007. 25. DISTRICT 7 APPOINTMENT TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE. Confirm Councilmember Heffernan's appointment of Richard Oberreiter as the at -large member for District 7. 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 invited oa 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 and address for the record. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 26. PLANNING COMMISSION AGENDA FOR SEPTEMBER 6, 2001. [MEETING CANCELLED] (contd. from 9/11/01). Action: Receive and file report. 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 27. PLANNING COMMISSION AGENDA FOR SEPTEMBER 20, 2001. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. N. CONTINUED BUSINESS 28. DESIGN STANDARDS FOR MANUFACTURED HOUSING (contd. from 9/11/01). Action: Adopt Resolution No. 2001 -, initiating an amendment to Newport Beach Municipal Code; OR Determine to take no action at this time by receiving and filing the report. 29. RESOLUTION IN OPPOSITION TO THE DISCHARGE OF PRIMARY TREATED EFFLUENT OFF OF THE ORANGE COUNTY COASTLINE. Action: 1) Adopt Resolution No. 2001 - opposing the discharge of primary treated effluent off of the Orange County coastline; and 2) Direct staff to transmit the resolution to the Orange County Sanitation District, the US Environmental Protection Agency (Region 9), and the California Regional Water Quality Control Board, Santa Ana Region. O. CURRENT BUSINESS 30. RESOLUTION AUTHORIZING SUPPLEMENTARY SALARY PAYMENTS TO CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY. Action: Adopt Resolution No. 2001 -_ 31. OCEAN PIER REHABILITATION (C -3312) — AWARD OF CONTRACT. Action: 1) Award contract (C -3312) to John S. Meek Company, Inc. for the total bid price of $2,699,440 and authorize the Mayor and the City Clerk to execute the contract; 2) Establish an amount of $200,560 to cover the cost of testing and unforeseen work; and 3) Authorize a budget amendment (BA -008) in the total amount of $823,000 for the following: a) Appropriate Oil Spill Fund interest earnings in the amount of $324,000 to Account No. 7295- C5100565; b) Appropriate $250,000 from the unappropriated balance of the Water Enterprise Fund to Account No. 7501- C5100565; and C) Transfer $249,000 from Ocean Front Walkway Project Account No. 7295- C5100568 to Account No. 7295 - 05100565. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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.