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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, March 23, 2004 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR GARY ADAMS Mayor Pro Tern STEVEN ROSANSKY Council Member DON WEBB Council Member STEVE BROMBERG 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. PLEASE TURN CELL PHONES & PAGERS OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD March 23, 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 - Helen McFarland, Second Church of Christ Scientist 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 frill out the card please place it in the box of the podium. As a courtesy, please turn cell phones 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 — 22) 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 stuff reports on euch of the items recommending an action. There Mill 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 Culendur for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon incitation 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 AND REGULAR MEETING OF MARCH 9, 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. RESOLUTIONS FOR ADOPTION 3. RESOLUTION TO EXPAND THE MEMBERSHIP OF THE CITY CENTENNIAL 2006 COMMITTEE. Adopt Resolution No. 2004 -_ expanding the membership of the Centennial Committee to include the Directors of the Recreation & Senior Services Department and the Library Services Department; a member from the Newport Beach Chamber of Commerce: the Newport Beach Conference & Visitors Bureau; the Nautical Museum; and seven citizens. 4. TERMINATION OF NON - EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT. Adopt Resolution No. 2004 -_ terminating the solid waste franchise agreement between the City of Newport Beach and C &N Waste Services. CONTRACTS AND AGREEMENTS 5. NEWPORT SHORES HOMEOWNERS ASSOCIATION — APPROVAL OF LANDSCAPE MAINTENANCE AGREEMENT. 1) Approve a Landscape Maintenance Agreement with the Newport Shores Homeowners Association for public and private improvements; 2) authorize the City Manager to execute the Agreement; and 3) authorize the City Clerk to record the Agreement with the County Recorder. 6. BACK BAY SCIENCE CENTER — AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION BIDS. 1) Authorize advertisement for construction bids: and 2) approve Amendment No. 1 to Professional Services Agreement. with Gail P. Pickart, P.E.. for project management services for Back Bay Science Center. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 7. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH WRC CONSULTING SERVICES FOR PREPARATION OF A PRELIMINARY PLAN FOR BUCK GULLY STABILIZATION AND RESTORATION. Approve a Professional Services Agreement with WRC Consulting Services, Inc. (WRC) of Anaheim for preparing a preliminary plan for Buck Gully stabilization, restoration and constructed wetlands at a negotiated fee of $85,664 and authorize the Mayor and the City Clerk to execute the Agreement. 8. IRVINE AVENUE 12 -INCH WATER MAIN REPLACEMENT, SHERINGTON PLACE TO DOVER DRIVE - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3450). 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. 9. SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM (FY2003- 2004) - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3629). 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. 10. BALBOA ISLAND BAYFRONT REPAIRS FY2002 -2003 - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3554). 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. 11. BALBOA BOULEVARD CATCH BASIN FILTERS - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3670). 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. 12. MARINERS VILLAGE LANDSCAPE IMPROVEMENTS - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3612). 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. NEWPORT BOULEVARD FROM 26TH STREET NORTHERLY - AWARD OF CONTRACT (C- 3649). 1) Approve the plans and specifications; 2) award the contract (C -3649) to Griffith Company for the total bid price of $160,950 and authorize the Mayor and the City Clerk to execute the contract: 3) establish an amount of $16,000 to cover the cost of unforeseen work; and 4) approve geotechnical services in the amount of $5.000. 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 14. NEWPORT BOULEVARD AND BALBOA BOULEVARD MERGER (MIXMASTER) - AWARD OF CONTRACT (C- 3654). 1) Approve the plans and specifications; 2) award the contract (C -3654) to GMC Engineering, Inc. for the total bid price of $282,887.25 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $28,000 to cover the cost of unforeseen work; and 4) approve geotechnical and survey work in the amount of $4,700. 15. OCEANFRONT WALKWAYS (MCFADDEN SQUARE) - AWARD OF CONTRACT (C- 3660). 1) Approve the plans and specifications; 2) award the contract (C -3660) to Trademark Concrete Systems, Inc. for the total bid price of $104,331, and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $10,000 to cover the cost of unforeseen work. 16. APPROVAL OF TWO CONTRACTS FOR THE INTEGRATED LAW AND JUSTICE PROJECT. 1) Approve a contract with Computer Deductions, Inc. (CDI) in the amount of $107,783.50 from Account #7017 - 01820747 to improve network configurations and security requirements for nine municipal police departments as approved by the Steering Committee for the Integrated Law and Justice Project in Orange County; and 2) approve a contract with Deloitte Consulting in the amount of $220,000 from Account #7017- C1820746 to facilitate the design and implementation of a pilot project involving data sharing between records management systems (RMS) in the criminal justice agencies in the County of Orange, as approved by the Steering Committee of the Integrated Law and Justice Project in August of 2002. MISCELLANEOUS ACTIONS 17. FINANCIAL IMPACT OF THE STATE BUDGET PROPOSAL AND RELATED ISSUES. Receive and file report. 18. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS TO MAINTENANCE & OPERATIONS BUDGET ACCOUNTS AND REVENUE ACCOUNTS FOR FY 2003/04. Approve a budget amendment (04BA -041) in the amount of $9.350. 19. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS TO MAINTENANCE AND OPERATIONS. Approve a budget amendment (04BA -042) in the amount of $10,643. 20. PURCHASE OF THERMAL IMAGING CAMERAS. Waive bidding process requirement and approve the purchase of three ISG K -1000 Hi- Resolution Micro - Bolometer Thermal Imaging Cameras for $41,086.13 from Allstar Fire Equipment with grant funds. 21. DEPARTMENT OF CONSERVATION GRANT FUNDING REQUEST, Authorize the General Services Director to submit a grant application to the California Department of Conservation Recycling Division in the amount of $22,197. 22. RELEASE OF SURETY FOR CONCRETE ALLEY EXTENSION STRUCTURE ADJACENT TO 405 GOLDENROD AVENUE - ENCROACHMENT PERMIT NO. N2001 -0110. 1) Accept the concrete alley extension work in conjunction with Encroachment Permit No. N2001 -0110; and 2) authorize the City Clerk to release the 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. J LN $8,000 refundable faithful performance surety retained by the City as a guarantee for completing the remaining alley extension work. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. PUBLIC HEARINGS 23. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR 2004 -2005. Action: 1) Conduct public hearing regarding the renewal of the Balboa Village Business Improvement District; and; 2) a) If protests represent less than 50 percent of the total assessment amount adopt Resolution No. 2004 confirming the levy of the BID assessment for the 2004 fiscal year; OR b) If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the District. 24. CALL FOR REVIEW OF USE PERMIT NO. 2003 -043 AND TRAFFIC STUDY NO. 2004 -001, APPROVED BY THE PLANNING COMMISSION ON MARCH 4, 2004 — 494/496 OLD NEWPORT BOULEVARD (PA2003 -232). Action: 1) Conduct public hearing; and 2) Uphold, modify or reverse the decision of the Planning Commission. 25. VACATION AND ABANDONMENT OF A PORTION OF ORANGE AVENUE, LOCATED IN THE NEWPORT HEIGHTS AREA. Action: 1) Continue discussion from the February 24, 2004 City Council meeting; 2) Conduct public hearing; 3) a) Adopt Resolution No. 2004 -_ ordering the vacation and abandonment of a portion of Orange Avenue; b) Direct the City Clerk to have the resolution recorded by the Orange County Recorder. 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. 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 26. PLANNING COMMISSION AGENDA FOR MARCH 18, 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. 27. AMENDMENTS TO THE NEWPORT BEACH MUNICIPAL CODE REQUIRING USE OF FRANCHISED SOLID WASTE HAULERS FOR DEMOLITION ACTIVITIES. Action: Adopt Ordinance No. 2004 -2 amending Section 15.02.035 of the Newport Beach Municipal Code pertaining to the Uniform Administrative Code to clarify procedures and requirements or handling solid waste from demolition activities. 28. MEASURE S GUIDELINES PROPOSED AMENDMENTS. Action: If desired, adopt some or all of the proposed modifications to the Measure S Guidelines as attached to the staff report (Exhibits A through F). O. CURRENT BUSINESS 29. RELINQUISHMENT OF COAST HIGHWAY IN CORONA DEL MAR. Action: Accept the State's offer of $3,511,000 "State of Good Repair" estimate and direct staff to negotiate a Cooperative Agreement with the State to relinquish Coast Highway between Newport Coast Drive and Jamboree Road. OR Decline the State's offer of $3.511.000 "State of Good Repair" estimate and direct staff to terminate negotiations for the relinquishment of Coast Highway between Newport Coast Drive and Jamboree Road. 30. SPECIAL EVENT PERMIT PROCESS REVISIONS. Action: 1) Introduce Ordinance No. 2004 - -_. adding Chapter 11.03 of Title 11, Deleting Chapter 5.10 from the NBMC pertaining to Special Events; and Amending Exhibit A to Section 3.36.030 of Chapter 3.36, Cost Recovery for User Services. 2) Pass to second reading on April 13, 2004, 0 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. P. ITEMS REMOVED FROM THE CONSENT CALENDAR Q. MOTION FOR RECONSIDERATION A motion to reconsider the uote 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 ulho voted with the prevailing side. R. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.