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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, June 25, 2002 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR STEVEN BROMBERG GARY ADAMS Mayor Pro Tern GARY L. PROCTOR Council Member NORMA J. GLOVER Council Member 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 June 25, 2002 — 3:30 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 — Pastor Dave Manne, Calvary Chapel of Costa Mesa F. AIRPORT ISSUE 1. JWA SETTLEMENT AGREEMENT PROPOSED AMENDMENTS. G. Action: The Committee recommends the City Council take the following action: 1) Authorize the City Attorney to execute the Amendments (Exhibit B) on behalf of the City of Newport Beach; 2) Authorize the City Manager to execute the Implementation Protocol (Exhibit C); 3) In conjunction with these authorizations, make the findings specified in Exhibit D; and 4) Authorize staff to record a Notice of Determination. Presentation of Proclamation for Recreation and Parks Month — July 2002. Newport Beach Film Festival: 2002 Festival Overview and Economic Assessment. H. 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. I. 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. J. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (2 — 21) 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 provided at the podium. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 2. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JUNE 11, 2002. Waive reading of subject minutes, approve as written and order filed. 3. 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. RESOLUTIONS FOR ADOPTION 4. GENERAL MUNICIPAL ELECTION - NOVEMBER 5, 2002: ADOPTION OF RESOLUTIONS CALLING THE ELECTION AND REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION. 1) Adopt Resolution No. 2002 - Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 5, 2002, for the Election of Members of the City Council as Required by the Provisions of the City Charter; and 2) adopt Resolution No. 2002 -_ Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 5, 2002, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code. 5. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO TROJAN PORTABLE SERVICES. 1) Adopt Resolution No. 2002 -_ to award a Non - exclusive Solid Waste Franchise to Trojan Portable Services and to schedule a public hearing for July 9, 2002; and 2) introduce Ordinance No. 2002 -_ granting a Non - exclusive Solid Waste Franchise to Trojan Portable Services, and schedule for second reading on July 9, 2002. 6. RESOLUTION FIXING THE EMPLOYER'S PERS MEDICAL CONTRIBUTION FOR NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION. Adopt Resolution No. 2002 -_ with respect to members of the Newport Beach Fire Management Association (NBFMA), fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act. 2 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. CONTRACTS AND AGREEMENTS MAIN BEACH SEWER FORCE MAIN REPLACEMENT (C -3296) - 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. 8. WEST NEWPORT SEWER MAIN REPLACEMENT (C -3453) - 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; 4) release the Faithful Performance Bond one (1) year after Council acceptance; and 5) approve Amendment No. 1 to the Professional Services Agreement with Engineering Resources for additional as- needed construction support services from $28,163 to $43,208 and authorize the Public Works Director to execute the Amendment. 9. CORONA HIGHLANDS WATER MAIN REPLACEMENT, STREET REHABILITATION AND STORM DRAIN IMPROVEMENTS (C -3345) - 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; 4) release the Faithful Performance Bond one (1) year after Council acceptance; 5) approve a budget amendment (BA -047) transferring $194,181.43 from 7181- C5100643 to Account No. 7181- C5100595 and approve the appropriation of an additional $26,228,465 from Water Account No. 7501- C5500578 for this project; and 6) authorize the Public Works Director to approve Change Order No. 4 in the amount of $3,674.52 provided for the installation of new water meter boxes and adjustment of boxes on Shorecrest Lane and also approve Change Order No. 5 in the amount of $3,277 provided for downtime and an extra move -in for the asphalt subcontractor. 10. NEWPORT HEIGHTS PAVEMENT OVERLAY - AWARD OF CONTRACT (C- 3473). 1) Approve the plans and specifications; 2) award the contract (C -3473) to Ben's Asphalt, Inc. for the total bid price of $474,825 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $47,000 to cover the cost of unforeseen work. 11. SEWER MAIN TELEVISING PROGRAM - AWARD OF CONTRACT (C- 3511). 1) Award the contract (C -3511) to Professional Pipe Services (ProPipe) for a total price of $110,295 and authorize the Mayor and the City Clerk to execute the contract; and 2) establish an amount of $3,500 for additional and unforeseen work. 12. IRVINE AVENUE FROM SANTIAGO TO UNIVERSITY AND JAMBOREE ROAD FROM SANTA BARBARA TO EASTBLUFFIFORD ROAD 24 -INCH WATER MAIN REPLACEMENT - AWARD OF CONTRACT (C- 3412). 1) Approve the plans and specifications; 2) award the contract (C -3412) to W.A. Rasic Construction Company for the total bid price of $2,159,370.09 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $200,000 to cover the cost of unforeseen work. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 13. HAZEL AVENUE PAVEMENT REHABILITATION — AWARD OF CONTRACT (C- 3448). 1) Approve the plans and specifications; 2) award the contract (C -3448) to Hardy and Harper, Inc. for the total bid price of $65,053.85 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $6,500 to cover the cost of unforeseen work and testing. 14. 2002 -2003 TRAFFIC SIGNAL UPGRADES — AWARD OF CONTRACT (C- 3529). 1) Approve the plans and specifications; 2) award the contract (C -3529) to F. J. Johnson, Inc. for the total bid price of $303,759 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $30,375.90 to cover the cost of unforeseen work; and 4) approve a budget amendment (BA -050) authorizing the appropriation of $55,634 from the Transportation and Circulation Fund balance to Account No. 7261- C5200068. 15. BUCK GULLY PUMP STATION REHABILITATION — AWARD OF CONTRACT (C- 3368). 1) Approve the plans and specifications; 2) award the contract (C -3368) to Caliagua, Inc. for the total bid price of $762,511 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $75,000 to cover the cost of unforeseen work; and 4) authorize a budget amendment (BA -049) appropriating $157,511 from the unappropriated Wastewater Fund Reserve Balance to Account No. 7532- C5600100. 16. CONTRACT WITH A FORMER CITY EMPLOYEE. Grant permission to staff to enter into a professional services contract with a former City employee. 17. MEMORANDUM OF UNDERSTANDING (MOU) WITH FIRE MANAGEMENT ASSOCIATION. Approve MOU between the City of Newport Beach and the Newport Beach Fire Management Association. 18. LEGAL ADVERTISING BID FOR FISCAL YEAR 2002 -2003. Accept the bid of the Daily Pilot and authorize a purchase order for the one -year period of fiscal year 2002 -2003. 19. IMPLEMENTATION AGREEMENT FOR FY 2002 -03 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) PROGRAM. 1) Authorize Mayor Ridgeway to execute the Implementation Agreement with the County of Orange to administer the countywide NPDES Program; and 2) if approved within the FY 2002 -03 CIP, authorize the expenditure of $224,897 to the County of Orange for NPDES Administration expenses per the Implementation Agreement. MISCELLANEOUS ACTIONS 20. UNINTERRUPTIBLE POWER SUPPLY REPLACEMENT. Award proposal submitted by Dell Computer Corporation for a replacement Uninterruptible Power Supply at the Police Facility manufactured by American Power Conversion from budget account number 7017- C1820631. 21. CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM. 1) Approve acceptance of $52,190 from the State of California Law Enforcement Equipment Purchase ( CLEEP) program; and 2) approve a budget amendment (BA -048) of $52,190 in funds to be transferred from CLEEP Grant Program Revenue Account No. 1820 -4874 to the Police Department CLEEP Capital Equipment Account No. 1820 -9017. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. K. ITEMS REMOVED FROM THE CONSENT CALENDAR L. 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. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 22. PLANNING COMMISSION AGENDA FOR JUNE 20, 2002. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. O. PUBLIC HEARINGS 23. PACIFIC BAY HOMES (PA2001 -250) — ONE FORD ROAD — APPEAL OF THE PLANNING COMMISSION DECISION TO DENY A REQUEST TO AMEND THE PLANNED COMMUNITY DEVELOPMENT PLAN TO ALLOW THE INSTALLATION OF INDEPENDENT KITCHEN FACILITIES WITHIN GUEST COTTAGES. THE 11 PROPERTIES ASSOCIATED WITH THE REQUEST ARE IDENTIFIED AS PARCEL NOS. 1 THROUGH 8 (ON TROON DRIVE) AND LOTS 9 AND 13 (ON TURNBERRY DRIVE) OF TRACT MAP NO. 15387 AND LOT NO. 21 (ON HONORS DRIVE) OF TRACT MAP NO. 15389 (contd. from 6/11/02). Action: Continue to August 13, 2002. 24. EZ LUBE (PA2002 -034) — 3600 EAST COAST HIGHWAY — APPEAL OF THE PLANNING COMMISSION DECISION TO DENY A REQUEST TO CONSTRUCT AN AUTOMOBILE LUBRICATION FACILITY CONSISTING OF A 2,641 SQUARE FOOT BUILDING WITH TWO SERVICE BAYS LOCATED IN CORONA DEL MAR. THE APPLICATION INCLUDES A REQUEST TO WAIVE THREE OF THE TEN SPACE OFF - STREET PARKING REQUIREMENT. Action: 1) Conduct public hearing; 2) Uphold the decision of the Planning Commission, with suggested modifications, and deny Use Permit No. 2002 -005. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 19 a 25. APPOINTMENTS TO BOARDS AND Action: Make appointments from the following nominees to the Boards and Commissions listed below. Listed incumbents are eligible for reappointment. City Arts Commission (1 vacancy - Vote for one) David Colley Leslie Feibleman Civil Service Board (1 vacancy —Vote for one) Timothy Brown Robert Badham Parks Beaches & Recreation Commission (2 vacancies - Vote for two) William Garrett Steven Rosansky Gregory Ruzicka Thomas Tobin (incumbent) Planning Commission (1 vacancy —Vote for one) Phillip Lugar Larry Tucker (incumbent) 26. 2002 -03 BUDGET ADOPTION. Action: 1) Straw vote the items included on the Budget Checklist and determine by individual vote if the Checklist items should be included in the 2002 -03 Budget; and 2) Adopt Resolution No. 2002 -_ adopting the City's 2002 -03 Budget, as amended by any approved Budget Checklist items. R. 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. S. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.