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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, November 9, 2004 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR STEVE BROMBERG LESLIE J. DAIGLE Mayor Pro Tern STEVEN ROSANSKY Council Member DON WEBB Council Member 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 November 9, 2004 STUDY SESSION - 4:30 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 Eric Heard, Small Groups Ministry, Mariners Church F. PRESENTATIONS Sister Cities Presentation and Introduction of Contingent from Okazaki Grand Jury Presentation G. NOTICE TO THE PUBLIC The City prouides a yellow sign -in card for those wishing to address the Council to assist in the preparation. of the rninu.tes. 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. 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 - 11) 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 on action. There will be no separate discussion of these items prior to the time the Council notes 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 ulish to discuss o 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 MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING OF OCTOBER 26, 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. ORDINANCE FOR ADOPTION 3. PROPOSED ORDINANCE REVISIONS: INCREASED TIME LIMITS ON ALL PUBLIC PIERS IN NEWPORT HARBOR. Adopt Ordinance No. 2004 -24 amending Section 17.28.010 of the NBMC to increase the time limits on all public piers in Newport Harbor. CONTRACTS AND AGREEMENTS 4. GREEN ACRES RETROFIT SWIVEL ELL CONSTRUCTION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3698). 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. 5. DONNA & JOHN CREAN MARINERS BRANCH LIBRARY (C -3496) - REJECT BIDS. Reject the bid received for Donna & John Crean Mariners Branch Library (C -3496) and authorize staff to re- advertise the pre - qualification process to obtain qualified bidders and re -bid the project. 6. NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION - AWARD OF CONTRACT (C- 3731). 1) Approve the plans and specifications; 2) award the contract (C -3731) to FYR Landscaping: Inc.. dba Pierre Sprinkler and Landscape, for the total bid price of $145.460 and authorize the Mayor and the City Clerk to execute the contract: 3) establish an amount of $15.000 to cover the cost of unforeseen work; and 4) approve a budget amendment (05BA -028) increasing revenue estimates by $160;460 from the Newport Mesa Unified School SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. District reimbursement agreement and appropriating this amount to the Contributions Fund, account 7251- C5100745. 7. NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3684). 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 year after Council acceptance; and 5) approve a budget amendment (05BA -027) appropriating a transfer of $196.609 from Bonita Canyon surplus bond proceeds to Newport Mesa Unified School District (NMUSD) per the memorandum of understanding approved by City Council on June 22, 2004, increasing revenue estimates in the Contributions Fund by $196,609, appropriating $181,361 to the Contributions Fund, account 7251- C5100745, and appropriating $15,248 to the General Fund, account 5100 -7020. MISCELLANEOUS ACTIONS 8. BUDGET TRANSFER — ABLE. Authorize the Administrative Services Director to transfer $90,777 (05BA -024) from the Newport Beach Police Department budget to the Airborne Law Enforcement (ABLE) Joint Powers Authority effective January 1, 2005. 9. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 92 (AREA BOUNDED BY RIVERSIDE AVENUE /CLIFF DRIVE, TUSTIN AVENUE AND WEST COAST HIGHWAY). 1) Authorize an advance from the General Fund (05BA -025) in the amount of $84A70 to Assessment District No. 92 and appropriate $41.500 to 74092 -9810 for electric design, $20,000 to 74092.9811 for phone design, and $22,970 to 74092.9812 for assessment engineering services; and 2) authorize the City Manager to execute a Professional Services Agreement with Hall & Foreman. Inc. in the not to exceed amount of $22.970 for assessment engineering services. 10. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 103 (AREA BOUNDED BY "G" STREET, EAST BALBOA BOULEVARD, "L" STREET AND OCEAN BOULEVARD). 1) Authorize an advance (05BA -026) from the General Fund in the amount of $96,270 to Assessment District No. 103 and appropriate $55,300 to 74103 -9810 for electric design, $18,000 to 74103 -9811 for phone design. and $22,970 to 74103 -9812 for assessment engineering services; and 2) authorize the City Manager to execute a Professional Services Agreement with Hall & Foreman. Inc. in the not to exceed amount of $22,970 for assessment engineering services. 11. BALBOA ISLAND AND LITTLE ISLAND BULKHEAD INSPECTION AND COLLINS ISLE BRIDGE INSPECTION — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH CASH & ASSOCIATES ENGINEERS AND ARCHITECTS. Approve a Professional Services Agreement for $48,760 with Cash & Associates Engineers and Architects for Balboa Island and Little Island Bulkhead Inspection and Collins Isle Bridge Inspection. and authorize the Mayor and City Clerk to execute the agreement. 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. J. K. L. M. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. PUBLIC HEARINGS 12. APPEAL OF A STAFF DENIAL FOR ENCROACHMENT PERMIT NUMBER N2004 -0369 TO ALLOW A CURB CUT IN FIRST AVENUE ADJACENT TO 425 BEGONIA AVENUE. Action: Uphold the denial on the basis that the proposed curb opening is not allowed under the provisions of City Council Policy L -2.C. 13. CODE AMENDMENT NO. 2003 -003 - AMENDMENT TO MODIFICATION PERMIT PROCEDURES (PA 2003 -080). Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2004 -_ approving Code Amendment No. 2003 -003 and pass to second reading on November 23, 2004. PUBLIC COMMENTS Public Continents are invited on non-agenda items generally considered to be within the subject matter jurisdiction of the Council -- Speakers must lintit comments to 3- minutes. Before speaking, please state vour mmne for the record. ORAL REPORTS FROM CI_TY COUNCIL ON COMMI_TTEE ACTIVI_TI_ES 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 PLANNI_NG COMMISSION AGE_NDA_AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR NOVEMBER 4, 2004. Action: 1) Receive oral report on the most recent Planning Commission actions; 2) Council Member appeal Modification Committee or subject to appeal; and 3) Receive and file written report. of Planning Commission; Planning Director approvals SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. N. CONTINUED BUSINESS 15. 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) [contd. from 10/12/041. 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. 16. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION. Action: Appoint one of the three nominees (Robert Hawkins, Michael Henn or Roberta Jorgensen) to fill the vacancy on the Planning Commission, which was created as a result of the appointment of Leslie Daigle to the City Council. The successful applicant will be appointed to fill the balance of the unexpired term, which expires on June 30, 2008. O. CURRENT BUSINESS 17. NEW NBMC CHAPTER 11.04 - PARK FACILITIES - RULES AND REGULATIONS. Action: Introduce Ordinance No. 2004 -_ to provide expanded enforcement capabilities in City parks; and pass to second reading on November 23, 2004. 18. REFILLING OF VACANCIES ON GENERAL PLAN ADVISORY COMMITTEE. Action: Appoint applicants as recommended by the General Plan Update Committee. P. ITEMS REMOVED FROM THE CONSENT CALENDAR Q. MOTION FOR RECONSIDERATION A motion to reconsider the vote on anv 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 IR SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.