Loading...
HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, October 12, 2004 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR STEVE BROMBERG Mayor Pro Tern STEVEN ROSANSKY Council Member DON WEBB Council Member LESLIE J. DAIGLE Council Member RICHARD A. NICHOLS Council Member JOHN HEFFERNAN Council Member HOMER BLUDAU - City Manager, ROBIN CLAUSON - Acting 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 October 12, 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 - Jim de Boom, Executive Director, Newport Mesa Irvine Interfaith Council F. PRESENTATIONS Orange County Tobacco Use Coalition Presentation G. NOTICE TO THE PUBLIC The Citv provides a yellou+ 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 o condition to addressing the Council. If you do fill out the card please place it in the box at 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 - 12) are considered by the Council to be routine and will all be enacted by one motion in the fornt 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 itent 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 MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING OF SEPTEMBER 21, 2004 AND ADJOURNED REGULAR AND REGULAR MEETING OF SEPTEMBER 28, 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. ORDINANCES FOR ADOPTION 3. ORDINANCE TO APPROVE AN AMENDMENT TO PERS CONTRACT (C -563) TO PROVIDE PRE- RETIREMENT OPTIONAL SETTLEMENT DEATH BENEFIT TO MISCELLANEOUS EMPLOYEES. Adopt Ordinance No. 2004 -21 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. 4. TRAFFIC CONTROL ON VIA FIRENZE. Adopt Ordinance No. 2004 -22 amending Section 12.52.070 of the NBMC to designate Via Firenze between Via Lido Soud and Piazza Lido as one -way, northeast bound traffic only, CONTRACTS AND AGREEMENTS 5. MARINERS, CHINA COVE AND 62ND STREET WASTEWATER PUMP STATION REHABILITATION, INCLUDING FERNLEAF AVENUE STREET IMPROVEMENTS - AWARD OF CONTRACT (C- 3585). 1) Determine that the project is exempt from environmental review pursuant to Section 15302 of the California Environmental Quality Act Implementing Guidelines; 2) approve the plans and specifications; 3) award C -3585 to GCI Construction for the total bid price of $1,582.170 and authorize the Mayor and the City Clerk to execute the contract; 4) approve Amendment No. 2 to Professional Services Agreement with PBS &J for Final Design and Construction Support Services for $27;800; and 5) approve a budget amendment (05BA -018) transferring $350,000 from the Sewer Main Master Plan Improvements Account No. 7531- C5600292, $23,000 from the Sewer Access Road Maintenance Account No. 5600 -8186 and $188,000 from the unappropriated SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Wastewater Enterprise Future Infrastructure Reserve to the Sewer Pump Station Master Plan Improvements Account No. 7532- C5600100. 6. OCEAN PIER INSPECTIONS: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH HARBOR OFFSHORE, INC. 1) Approve a Professional Services Agreement with Harbor Offshore, Inc. and authorize the Mayor and the City Clerk to execute the Agreement; and 2) approve a budget amendment (05BA -019) to appropriate an additional $11,580 from the Tide and Submerged Lands unappropriated reserve into Account No. 7231- C5100153 for Ocean Pier Inspections. 7. 2004 -2005 SIDEWALK, CURB & GUTTER REPLACEMENT - AWARD OF CONTRACT (C- 3718). 1) Approve the plans and specifications; 2) award the contract (C -3718) to Damon Construction Co. for the total bid price of $304,525 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $30,500 to cover the cost of unforeseen work. 8. SIDEWALK, CURB AND GUTTER PHASE 2 (FY03 -04) - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3693). 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. PROFESSIONAL SERVICES AGREEMENT (PSA) TO PREPARE A MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT. Approve a PSA with David Evans and Associates, Inc. for professional environmental services to prepare an Initial Study, Mitigated Negative Declaration, and air quality and noise studies not to exceed cost of $43,963 and authorize the City Manager to sign the agreement. fi rJ 1 CYi 7 D ll f� D L� Z ilCy [i T I Il Z� P 1 C7 10. HOUSING ELEMENT IMPLEMENTATION - ANNUAL PROGRESS REPORT. 1) Review, file and forward the Annual Housing Element Implementation Report to the State Department of Housing and Community Development; and 2) review and approve the proposed letter for submittal to the State of California's Office of Planning and Research. 11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES. Approve a budget amendment (05BA -016) to increase expenditure appropriations by $20,000 in Division 4060, Literacy, and to increase revenue estimates for the same amount in Account No. 4010 -4832, California Library Literacy Services. 12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY 2004/05. Approve a budget amendment (05BA -017) to increase revenue estimates by $135,000 in Account No. 4010 -5901 and increase maintenance and operation expenditure estimates by the same amount in Division 4090, Foundation. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 13. ST. MARK PRESBYTERIAN CHURCH (PA2003 -055) - GENERAL PLAN AMENDMENT NO. 2003 -002, PLANNED COMMUNITY TEXT AMENDMENT NO. 2003 -001, USE PERMIT NO. 2003 -015, TRAFFIC STUDY NO. 2004 -004, PARCEL MAP NO. 2004 -036 - 2200 SAN JOAQUIN HILLS ROAD. Action: Conduct public hearing and approve the project by taking the following actions: 1) Adopt Resolution No. 2004 -_ certifying the EIR; 2) Adopt Resolution No. 2004 -_ approving the General Plan Amendment, Use Permit, Traffic Study and Parcel Map; and 3) Introduce Ordinance No. 2004` amending the Big Canyon Planned Community District Regulations and pass to second reading on October 26, 2004. 14. ORDER OF CONSTRUCTION OF PUBLIC IMPROVEMENTS ALONG GRANT STREET AND HIGHLAND STREET FRONTAGES - 7000 AND 7012 WEST COAST HIGHWAY. Action: 1) Hold public hearing; 2) Order the construction of public improvements on Grant and Highland Streets, adjacent to 7000 and 7012 West Coast Highway, to be paid for by the property owner; and 3) Direct the Superintendent of Streets to cause the construction of the public improvements if the owner has not begun construction by December 13, 2004. In case of nonpayment by owner for the work, authorize staff to place a lien on the Properties to recover the administrative, engineering and construction costs. K. PUBLIC COMMENTS Public Comments are incited on non agenda items generally considered to be within the subject matter jurisdiction of the Council -- Speakers must limit conimen.ts 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 Status report - Newport Coast Advisory Committee Status report - Mariners Joint Use Library Ad Hoc Steering Committee Status report - Other Committee Activities SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS La N am PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 15. PLANNING COMMISSION AGENDA FOR OCTOBER 7, 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. CONTINUED BUSINESS 16. TELECOMMUNICATIONS FACILITY PERMIT NO. 2003 -003 (PA2003 -255); TELECOMMUNICATIONS FACILITY PERMIT NO. 2004 -002 (PA2004 -057) - 4600 WEST COAST HIGHWAY (APPLICANTS - CINGULAR WIRELESS AND SPRINT PCS). Action: 1) Approve Telecom Permit No. 2003 -003 and Telecom Permit No. 2004 -002 subject to the Findings and Conditions of Approval attached to the staff report; and 2) Authorize the City Manager to execute the Telecommunications License Agreements. 17. UPDATE - SANTA ANA RIVER SAND PROJECT. Action: Receive and file. 18. MARINAPARK RESORT & COMMUNITY PLAN AD HOC MARINAPARK LEASE NEGOTIATION COMMITTEE REPORT (contd. from 9/28/04). Action: Receive and file. 19. CONSIDERATION OF OCTOBER 26, 2004 MEETING TIME. Action: Hold a Special Council meeting on October 26Lh starting at 4:00 p.m.; with the intention that the meeting would last no later than 6:15 p.m. P. ITEMS REMOVED FROM THE CONSENT CALENDAR 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.