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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, February 10, 2004 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR GARYADAMS STEVE BROMBERG Mayor Pro Tem Council Member STEVEN ROSANSKY 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 The City provides a yellow sign -in card for those wishing to address the Council to assist in the preparation of the minutes. The cards are available in the lobby of the Council Chambers. Speakers are not required to submit a card as a condition to addressing the Council. If you do fill out the card please place it in the box at the podium. 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 February 10, 2004 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. George R. Crisp, Christ Church by the Sea United Methodist F. PRESENTATIONS —None G. NOTICE TO THE PUBLIC The City provides a yellow sign -in card for those wishing to address the Council to assist in the preparation of the minutes. Speakers are not required to submit a card as a condition to addressing the Council. If you do fill out the cardplease place it in the box at the podium. As a courtesy, please turn cellphones and pagers off or set them in the silent mode. 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 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 — 12) 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 item number. If the optional sign -in card has been completed it should be placed in the box provided at the podium. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR OR REGULAR MEETING OF JANUARY 27, 2004. 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. PROFESSIONAL SERVICES AGREEMENT FOR LCP BIOLOGICAL CONSULTANT. Approve the Professional Services Agreement (C -3684) with Merkel & Associates, Inc., for biological consulting services associated with the Local Coastal Program (LCP) certification process. 4. PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM AVERY ASSOCIATES, INC. FOR LABOR RELATIONS SERVICES. Approve and authorize the Mayor to execute a two -year agreement (C -3075) with monthly compensation of $4,750. 5. PURCHASE OF 2004 JUNIOR LIFEGUARD PROGRAM UNIFORMS. Award the 2004 Junior Lifeguard Program Uniform contract (C -3685) to Hawaiian Island Creations for the total cost of $144,977.63 (including tax). 6. PLAYGROUND IMPROVEMENTS AT BONITA CREEK, CHANNEL PLACE, SAN MIGUEL & GRANT HOWALD PARKS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3588. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor & 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. BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION SYSTEM — AWARD OF CONTRACT NO. 3037. 1) Approve the plans and specifications; 2) award Contract No. 3037 to Banshee Construction Company of Colton, California for the Total Bid Price of $5,664,015, and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $450,000 to cover SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS the cost of unforeseen work and estimated bonus for early completion; 4) approve a Professional Services Agreement with Tetra Tech, Inc. for Construction Support Services for a fee of $54,500; 5) approve a Professional Services Agreement with PBS &J for Construction Inspection Services for a fee of $229,108; 6) approve a Professional Services Agreement with Hilts Consulting Group, Inc. for Floating Cover Advisor Services for a fee of $84,000; 7) approve a Professional Services Agreement with URS Corporation for Geotechnical Services for a fee of $24,480; and 8) approve a Budget Amendment (BA -031) in the amount of $1,962,587 from Unappropriated Water Enterprise Fund Reserves and $17,300 from Grant Fund Contributions to Account No. 7503- C5500690 and increase revenue estimates in Account No. 500- 4841, EPA Grant. 8. CONTRACT EXTENSION FOR TREE TRIMMING SERVICES. Approve an amendment to the current tree trimming contract with West Coast Arborists, Incorporated (C -2966) that would extend the term of the contract an additional ten years at the current rates. MISCELLANEOUS ACTIONS 9. DISTRICT 2 APPOINTMENT TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE. Confirm Council Member Rosansky's appointment of Ryan Dwight. 10. PURCHASE OF WARD "NO SMOKE" EXHAUST FILTRATION SYSTEMS FOR FIRE APPARATUS (PHASE 2). Approve the purchase of five Ward "No Smoke" Exhaust Filtration Systems for fire apparatus. 11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO MAINTENANCE & OPERATIONS BUDGET ACCOUNT FOR FY 2003104. Approve a Budget Amendment (BA -032) in the amount of $20,000. 12. BUDGET ADJUSTMENT TO APPROPRIATE ADDITIONAL FUNDS FOR AN EXPANDED TRAFFIC ANALYSIS FOR THE GENERAL PLAN UPDATE. Approve a Budget Amendment (BA -030) to appropriate $8,940 from the General Fund unappropriated reserves to pay for the additional traffic analysis of John Wayne Airport daily traffic volumes and inclusion of relevant data in the Newport Beach Traffic Model as part of the General Plan Update Technical Background Report and Environmental Impact Report. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. J. PUBLIC HEARINGS 13. APPEAL OF DETERMINATION THAT PROPERTY AT 1918 DOVER DRIVE IS A PUBLIC NUISANCE AND ORDER OF ABATEMENT. Action: 1) Conduct public hearing; 2) Deny appeal and uphold determination that property is a public nuisance and order of abatement; 3) Adopt Resolution No. 2004 -_ ordering owners of 1918 Dover Drive to abate public nuisance within 30 days; and 4) Direct staff to pursue abatement if owners fail to comply. 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 for the record. M. 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 N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR FEBRUARY 5, 2004. 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. O. CURRENT BUSINESS 15. RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMITTEE TO RESTRUCTURE COMMITTEE POSITIONS, AND TO FILL EDC VACANCY. Action: 1) Adopt Resolution No. 2004- amending Resolution No. 2001 -80, which revises the EDC membership structure; and 2) Fill current EDC vacancy by appointing Mike McNamara as the Public/Private Financing representative. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 16. NEWPORT HILLSIHARBOR VIEW NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY -HORN AND ASSOCIATES. Action: 1) Approve a Professional Services Agreement (C -3686) with Kimley -Horn and Associates, of Orange, California, for preparing the Newport Hills/Harbor View Neighborhood Traffic Management Program (NTMP) at a contract price of $87,784; and 2) Authorize the Mayor and City Clerk to execute the Agreement. 17. BIG CANYON CREEK RESTORATION PROJECT — PHASE II (WATER QUALITY IMPROVEMENT COMPONENTS). Action: 1) Direct staff to accept a grant from the State Water Resources Control Board (SWRCB) in the amount of $200,000 for the Big Canyon Restoration Project, Phase II (Water Quality Improvements); 2) Authorize the City Manager to execute an existing Professional Services Agreement (C -3594) with Community Conservancy International (CCI) to reflect the $200,000 grant and a revised Scope of Work; 3) Authorize the City Manager to include in the proposed 2004- 05 Capital Improvement Program a match in the amount of $30,000 to match the $200,000 grant; and 4) Authorize the City Manager to make changes as necessary to the Phase II scope of work and budget provided that the terms and deliverables remain substantially similar to the document attached to the Staff Report. 18. AMENDMENTS TO THE NEWPORT BEACH MUNICIPAL CODE REQUIRING USE OF FRANCHISED SOLID WASTE HAULERS FOR DEMOLITION ACTIVITIES. Action: 1) Introduce Ordinance No. 2004 -_ amending Section 15.02.035 pertaining to the Uniform Administrative Code; and 2) Pass to second reading on February 24, 2004. 19. MARINAPARK RESORT AND COMMUNITY PLAN. Action: Receive and file. 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.