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HomeMy WebLinkAbout0 - Regular AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, August 9, Regular Council Meeting JOHN HEFFERNAN MAYOR DON WEBB Mayor Pro Tern TOD W. RIDGEWAY Council Member STEVEN ROSANSKY Council Member 2005 - 7:00 p.m. LESLIE J. DAIGLE Council Member EDWARD D. SELICH Council Member RICHARD A. NICHOLS Council Member HOMER BLUDAU - City Manager, ROBIN CLAUSON - 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. NAN r►104W "'aifirr 7'hrau h � NEWPORT BEACH 1906 -2006 y y NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD August 9, 2005 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- Rabbi Marc Rubenstein, Temple Isaiah F. PRESENTATIONS O.C. Human Relations Commission Award for Outstanding Contributions in the Area of Community Oriented Policing to the Police Department (Teen Academy) - presented by Pat Krone, OCHR Commissioner. Proclamation for Russian National Orchestra Day. Proclamation for Tallship Argus 100th Birthday. G. NOTICE TO THE PUBLIC The City provides a yellow sign -in card for those wishing to address the Council. The card is used to assist in the preparation of the minutes and the completion of it is optional. Completed cards should be placed in the box at the podium. Asa 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 — 10) 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 front 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 MEETING AND REGULAR MEETING OF JULY 26, 2005. 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. GENERAL PLAN AMENDMENT NO. 2004 -006 AND CODE AMENDMENT NO. 2005 -006 - MASTER DEVELOPMENT CORPORATION OFFICE EXPANSION, 4200 VON KARMAN AVENUE (PA2004 -231). Adopt Ordinance No. 2005 -14 for Code Amendment No. 2005 -006. 4. ORDINANCE RESTRICTING TRUCKS ON RIDGE PARK ROAD. Adopt Ordinance No. 2005 -15 adding Section 12.32.022 to the NBMC to establish a vehicle weight limit of eight thousand (8,000) pounds on Ridge Park Road between Newport Coast Drive and Vista Ridge Road. RESOLUTIONS FOR ADOPTION CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2004 — 2005 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR SHORTENED FISCAL YEAR 2005 -2006. 1) Approve the Corona del Mar Business Improvement District 2004- 2005 Annual Report; and 2) adopt Resolution of Intention No. 2005 -_ to levy assessments and set the public hearing for August 23, 2005. CONTRACTS AND AGREEMENTS 6. AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES WITH PARK WEST LANDSCAPE MAINTENANCE, INC. Award the Landscape Maintenance Agreement with Park West Landscape Maintenance, Inc. in the amount of $390,315 to provide landscape maintenance to City parks and facilities; and approve a budget amendment (06BA -007) in the amount of $71,751. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 7. BEGONIA PARK PLAYGROUND IMPROVEMENTS - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3641). 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) authorize the Public Works Director to approve Change Order No. 2 in the amount of $14,447.33 and authorize the encumbrance of an additional $14,374.21 and budget amendment (06BA -005) appropriating the same amount from Unappropriated BET Fund balance, 270 -3605 to account 7271- C4120724. 8. BALBOA VILLAGE IMPROVEMENT PLAN - PHASE 3, APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS. Approve a Professional Services Agreement with PSOMAS of Costa Mesa for design services for the Balboa Village Improvement Plan - Phase 3 at a not to exceed contract price of $75,000 and authorize the Mayor and the City Clerk to execute the agreement. MISCELLANEOUS ACTIONS 9. APPROVAL OF TASTE OF NEWPORT BANNERS - ENCROACHMENT PERMIT N2005 -0305. Conditionally approve the request of the Newport Beach Chamber of Commerce for the installation of 268 banners from August 24, 2005 to September 21, 2005 for the Annual Taste of Newport (installation shall be along Jamboree Road, MacArthur Boulevard, Westcliff Drive, San Joaquin Hills Road, Newport Center Drive East/West, Newport Center Drive, Coast Highway and Newport Boulevard). 10. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR EXPENDITURE BUDGET FOR FY2005 -06. Approve a budget amendment (06BA -006) to increase expenditure appropriations by $35,000 in two 4090 Foundation accounts and to increase revenue estimates for the same amount in Account No. 4090 -5893. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 11. MASTER FEE SCHEDULE. Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 2005 -_ updating the Master Fee Schedule. K. 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. 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. L. 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 — City Centennial 2006 Committee Status report — City Council/Citizens Ad Hoc Committee for Marina Park Planning Status report — City Council Ad Hoc Marina Park Advisory Committee Status report — Other Committee Activities PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 12. PLANNING COMMISSION AGENDA FOR AUGUST 4, 2005. Action: 1) Receive oral report on the most recent Planning Commission actions; 2) Council Member appeal of Planning Commission, ':Modification Committee or Planning Director approvals subject to appeal; and 3) Receive and file written report. N. CURRENT BUSINESS 13. CORONA DEL MAR STATE BEACH IMPROVEMENTS — AWARD OF CONTRACT (C- 3461). Action: 1) Approve the plans and specifications for Beach Access Trail Repair at Inspiration Point and for Corona del Mar State Beach Improvements; 2) Approve a budget amendment (06BA -008) appropriating $29,648 from Contributions, 7251- C5100569, to be reimbursed when FEMA funds are received; 3) Approve a budget amendment (06BA -008) appropriating $3,219,904 to account 7011- C5100569 representing the General Fund contribution to the project (of this contribution, which includes an allowance for unforeseen work, $3 million is proposed to be utilized from existing Capital Improvement reserves while the remaining $219,904 would come from Unappropriated General Fund Surplus Fund Balance); 4) Award the contract (C -3461) to Weeger Bros., Inc. for the total bid price of $3.945,000 and authorize the Mayor and the City Clerk to execute the contract; and 5) Establish an amount of $400,000 to cover the cost of unforeseen work. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 14. CITY COUNCIL REVIEW AND DIRECTION TO CONSULTANTS ON CURRENT PLANNING STATUS OF PROPOSED CITY HALL STRUCTURE AND GROUNDS. Action: Provide comments and direction to the project consultants regarding the proposed City Hall structure, space allocations, features, elevations, LEED certification, size, andany other issues pertaining to the project. O. ITEMS REMOVED FROM THE CONSENT CALENDAR P. MOTION FOR RECONSIDERATION A motion to reconsider the uote on any action taken by the City Council at either this meeting or the preuious meeting may be made only by one of the Council members who uoted with the preuailing side. Q. ADJOURNMENT — Adjourn to Thursday, August 11, 2005 — 6:00 p.m. [St. Andrews Presbyterian Public Hearing] SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.