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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, May 14, 2002 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR STEVEN BROMBERG GARY ADAMS Mayor Pro Tem Council Member GARY L. PROCTOR Council Member NORMA J. GLOVER 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 May 14, 2002 - 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 - Mrs. Marianne McDaniel F. PRESENTATION Presentation of Proclamation Declaring May 2002 as Mental Health Month. Cable Focus Group Announcement. 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 (l — 17) 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 boxprovided at the podium. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF APRIL 23, 2002. 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. APPROVAL OF AN AMENDMENT TO PERS CONTRACT TO PROVIDE FOURTH LEVEL OF 1959 SURVIVOR BENEFITS TO MISCELLANEOUS EMPLOYEES. Adopt Ordinance No. 2002 -9 authorizing an amendment to the contract between the City Council of the City of Newport Beach and the Board of Administration of the California Public Employees' Retirement System. RESOLUTIONS FOR ADOPTION 4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISES TO ROCHE EXCAVATING, INC. 1) Adopt Resolution of Intention No. 2002 - to award a Non - exclusive Solid Waste Franchise to Roche Excavating, Inc. and to set the public hearing for May 28, 2002; and 2) introduce Ordinance No. 2002 -_ granting a Non - exclusive Solid Waste Franchise to Roche Excavating, Inc. and pass to second reading on May 28, 2002. 5. RESOLUTION FIXING THE EMPLOYER'S PERS MEDICAL CONTRIBUTION FOR NEWPORT BEACH FIREFIGHTERS ASSOCIATION. Adopt Resolution No. 2002 -_ CONTRACTS AND AGREEMENTS 6. PROFESSIONAL SERVICES AGREEMENT FOR ESHA STUDY TO CONDUCT FIELD STUDIES OF ENVIRONMENTALLY SENSITIVE HABITAT AREAS (ESHAs) AND PREPARE UPDATED POLICY AND REGULATION RECOMMENDATIONS FOR THE UPDATES OF THE LOCAL SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. COASTAL PROGRAM (LCP) AND THE GENERAL PLAN. Approve the professional services agreement with Coastal Resources Management. 7. PURCHASE OF RESCUE BOAT. Waive City competitive bidding guidelines and approve the single source purchase of a large rescue boat from Crystaliner Corporation of Costa Mesa at a total cost of $257,921.18 including tax. 8. MODIFICATION OF AGREEMENT FOR OPERATIONS AND MAINTENANCE OF OIL FIELD FACILITY. 1) Approve modification of agreement to Sampson Oil Company for operations and maintenance of the City's oil field facility; and 2) authorize the Mayor and the City Clerk to execute the modification of agreement. 9. MODIFICATION OF AGREEMENT FOR OIL FIELD WASTEWATER DISCHARGE. 1) Approve the modification of agreement to West Newport Oil for the disposal of wastewater from the operation of the oil and gas facility; and 2) authorize the Mayor and the City Clerk to execute the modification of agreement. 10. MEMORANDUM OF UNDERSTANDING WITH FIREFIGHTERS ASSOCIATION. Approve Memorandum of Understanding (MOU) between the City of Newport Beach and the Newport Beach Firefighters Association. 11. COOPERATIVE AGREEMENT BETWEEN THE CITY OF IRVINE AND THE CITY OF NEWPORT BEACH FOR THE INSTALLATION OF MEDIAN LANDSCAPING ON JAMBOREE ROAD BETWEEN CAMPUS DRIVE AND BRISTOL STREET (contd. from 4/9/02 & 4/23/02). Approve the Cooperative Agreement between the City of Newport Beach and the City of Irvine for the installation of median landscaping on Jamboree Road between Campus Drive and Bristol Street and authorize the Mayor and the City Clerk to execute the agreement. 12. BALBOA ISLAND BAY FRONT REPAIRS - AWARD OF CONTRACT (C- 3458). 1) Approve the plans and specifications; 2) award the contract (C -3458) to GCI Construction, Inc. for the total bid price of $198,810 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $19,000 to cover the cost of testing and unforeseen work; and 4) approve a budget amendment (BA -040) transferring $15,000 from Account No. 3130 -8239 to Account No. 7012- C5100008. 13. OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS - AWARD OF CONTRACT (C- 3383). 1) Approve the plans and specifications; 2) award the contract (C -3383) to J.D.C. Inc. for the total bid price of $177,825 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $17,000 to cover the cost of testing and unforeseen work. 14. BONITA CREEK SPORTS PARK LIGHTING (C -3439) - COMPLETION AND ACCEPTANCE. 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. 15. SEWER AND STORM DRAIN LINING PROJECT - AWARD OF CONTRACT (C- 3465). 1) Approve the plans and specifications; 2) award a contract (C -3465) to SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS Insituform Technologies, Inc. for the total bid price of $356,407 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $35,000 to cover the cost of unforeseen work; and 4) authorize a budget amendment (BA -041) appropriating $144,407 from the unappropriated Wastewater Fund Reserve Balance to Account No. 7531- C5600292. 16. CITY HALL ELECTRICAL UPGRADES (C -3318) — COMPLETION AND ACCEPTANCE. 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 1 year after Council acceptance. MISCELLANEOUS ACTIONS 17. CITY'S POSITION ON PROPOSALS TO LIST NEWPORT BEACH AREA WATERWAYS AS WATER QUALITY - LIMITED. Authorize the Mayor to issue a letter to the State Water Resources Control Board regarding several waterways proposed for listing as "water quality limited" under Section 303(d) of the federal Clean Water Act. 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 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 and address for the record. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 18. PLANNING COMMISSION AGENDA FOR MAY 9, 2002. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. N. PUBLIC HEARINGS 19. PUBLIC HEARING — REVOCATION OF MOORING PERMITS. Action: 1) Conduct public hearing; and 2) Revoke the Mooring Permits for Moorings C -11 and A -255. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 33 Fj CONTINUED BUSINESS 20. APPEAL OF A STAFF DENIAL FOR STRUCTURAL ENCROACHMENTS WITHIN THE PUBLIC RIGHT -OF -WAY ADJACENT TO 2100 W. OCEAN FRONT (N2002 -0035) (contd. from 3/26/02). Action: 1) Uphold the denial on the basis that the proposed encroachments significantly exceed what is allowed under the provisions of City Council Policy L -21; OR 2) Approve the application with conditions subject to the following: A. Execution of an Encroachment Agreement for non- standard improvements with findings and conditions. i. Authorize the Mayor and the City Clerk to execute the Agreement. ii. Authorize and direct the City Clerk to have the Agreement recorded with the Orange County Recorder. B. An Encroachment Permit issued by the Public Works Department. C. Revise the applicant's current Annual Outside Dining Encroachment Permit (DEP97 -03) to include the metal structure enclosure. 21. BROWN DUPLEX (PA2001 -173) — 405 DAHLIA AVENUE — APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A FINDING OF SUBSTANTIAL CONFORMANCE RELATED TO A PREVIOUSLY APPROVED PROJECT [Applicant — Jeffrey Brown, property owner]. Action: Uphold, modify or reverse the decision of the Planning Commission. 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.