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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, June 26, 2007 Regular Council Meeting - 7:00 p.m. STEVEN ROSANSKY Mayor EDWARD D. SELICH DON WEBB Mayor Pro Tern LESLIE J. DAIGLE Council Member MICHAEL F. HENN Council Member HOMER BLUDAU - City Manager, HARKLESS - City Clerk, STEPHEN G. WOOD - Assistant City Manager. Council Member KEITH D. CURRY Council Member NANCY GARDNER Council Member ROBIN CLAUSON - City Attorney, LAVONNE BADUM - Director of Public Works, SHARON Z. 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 June 26, 2007 I. STUDY SESSION — 5:00 p.m. II. CLOSED SESSION — [Refer to separate agenda from City Attorney] III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT (if applicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION —Frank Carpenter IX. PRESENTATIONS City Arts Commission Presentation of Annual Report for FY 2006 -2007. X. NOTICE TO THE PUBLIC The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the Council. Speakers must limit comments to five minutes on agenda items. The Council has the discretion to extend or shorten the time limit on agenda or non- agenda items. As a courtesy, please turn cell phones and pagers off or set them in the silent mode. XI. 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. RED LIGHT WILL SIGNIFY WHEN SPEAKERS TIME LIMIT IS UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. XII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 17) 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. A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING OF JUNE 12, 2007. 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. B. ORDINANCE FOR INTRODUCTION 3. FRANCHISE WITH BALBOA ISLAND FERRY; LEASE AGREEMENT WITH BALBOA ISLAND FERRY. a) Adopt Ordinance No. 2007 -11 granting a Franchise to the Balboa Island Ferry; b) authorize the Mayor to execute a Lease Agreement with the Balboa Island Ferry (effective date of lease agreement to coincide with effective date of ordinance). C. RESOLUTIONS FOR ADOPTION 4. RESOLUTION AUTHORIZING THE CITY TO APPLY FOR GRANTS FROM PROPOSITIONS 50 AND 84. Adopt Resolution No. 2007 relating to grants under Propositions 50 and 84. D. CONTRACTS AND AGREEMENTS 5. REPLACEMENT OF LITHOCRETE ON PALM STREET (C- 3946). Authorize the City Manager to execute a contract with Shaw & Sons, Inc. of Costa Mesa in the amount of $33,639 to replace 494 square feet of Lithocrete sidewalk at five locations on Palm Street in Balboa Village, and enlarge the tree well at a sixth location. 6. UNDERGROUND UTILITY SERVICE REPAIRS — APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENTS. Approve Amendment No. 1 to Professional Services Agreement with GCI Construction, Inc. and Amendment No. 1 to Professional Services Agreement with Mike Kilbride, Ltd. For on -call underground utility repairs services and authorize the Mayor and City Clerk to execute the Amendments. NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS — AWARD OF CONTRACT (C- 3937). a) Approve the plans and specifications; b) award the contract (C -3937) to Hillcrest Contracting, Inc. for the total bid price of $107,060, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $10,740 to cover the cost of unforeseen work for this project. 8. SIDEWALK, CURB AND GUTTER REPLACEMENT FY 06 -07 — AWARD OF CONTRACT (C- 3866). a) Approve the plans and specifications; b) award the contract (0-3866) to Nobest, Inc. for the total bid price of $541,006 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $54,000 to cover the cost of unforeseen work. 9. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH PROJECT PARTNERS, INC. FOR ON -CALL CONSTRUCTION INSPECTION SERVICES AND APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH CIVIL WORKS ENGINEERS, INC. AND TRAFFIC CONTROL ENGINEERING, INC. FOR ON -CALL ENGINEERING SERVICES. a) Approve Amendment No. 1 to the Professional Services Agreement with Project Partners, Inc. for on- call construction inspection services and authorize the Mayor and City Clerk to execute the Amendment; b) approve a Professional Services Agreement with Civil Works Engineers, Inc. for on -call civil engineering services and authorize the Mayor and City Clerk to execute the Agreements; and c) approve a Professional Services Agreement with Traffic Control Engineering, Inc. for on -call traffic control engineering services and authorize the Mayor and City Clerk to execute the Agreements. 10. CONTRACT WITH 911 VEHICLES FOR PURCHASE AND INSTALLATION COMMAND AND COMMUNICATIONS EQUIPMENT. Approve a sole source contract with 911 Vehicles with an amount not to exceed $24,000 for the Command Vehicle. 11. PURCHASE SCBA (SELF CONTAINED BREATHING APPARATUS) EQUIPMENT. Approve a sole source contract with AllStar Fire Equipment Inc. with an amount not to exceed $45,000 for the SCBA (Self Contained Breathing Apparatus) equipment. 12. LEGAL ADVERTISING BID FOR FISCAL YEAR 2007 -2008. Accept the bid of The Daily Pilot and authorize a purchase order for the one -year period of fiscal year 2007 -2008. E. MISCELLANEOUS 13. LIGHT INSTALLATION PROJECT AT LINCOLN ATHLETIC CENTER FIELD #3 AT LINCOLN SCHOOL. Approve the project concept and direct City staff to work with AYSO 57 and Newport -Mesa Unified School District to complete the light installation project at Lincoln Athletic Center field #3 at Lincoln School. 14. UTILIZE URBAN AREA SECURITY INITIATIVE (UASI) FUNDS TO PURCHASE LAPTOPS FOR THE EMERGENCY OPERATIONS CENTER (EOC). a) Accept UASI grant funds to purchase laptops for the EOC for $13,000; b) authorize a budget amendment (07BA -080) increasing revenue estimates by $13,000 in 2351 -4866, UASI Grant, and increasing expenditure appropriations by $13,000 in 2351 -9031, UASI Grant M Equipment; and c) approve a sole source contract with Dell Computers with an amount not to exceed $13,000 for the laptops. 15. APPOINTMENTS BY THE MAYOR TO THE TRANSPORTATION CORRIDOR SYSTEM. Confirm the Mayor's appointment of Council Member Webb (representative) and Council Member Daigle (alternate) to the Transportation Corridor System. 16. 2007 -2008 CULTURAL ARTS GRANTS. Approve recommended recipients for FY 2007 -2008 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Policy I.12 — Reserve Fund for Culture and Arts. 17. MEASURE M SEVEN YEAR PLAN CAPITAL IMPROVEMENT PROGRAM (CIP). a) Adopt the Seven -Year CIP; b) direct staff to submit the adopted CIP, Maintenance of Effort certification, Pavement Management Program certification, and Growth Management Element statement of compliance to the Orange County Transportation Authority to satisfy the eligibility provisions for Measure M and Congestion Management Programs. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. PUBLIC HEARING 18. PROPOSED ASSESSMENT DISTRICT NO. 99 — BALBOA BLVD. ALLEY — FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT. Action: a) Open public hearing on the formation of Assessment District No. 99; b) hear testimony from those who desire to speak; c) close the public hearing; d) count ballots; e) if 50% or more `yes' votes than `no' votes have been submitted then a majority vote does not exist and the District may be formed; if it is desired to form the District, take the following actions: (1) adopt Resolution No. 2007 -_ declaring the results of the ballot tabulation, confirming the assessment, ordering the acquisition of improvement; approving the Assessment Engineer's Report, and designating the area an Underground Utilities District for Assessment District No. 99 Balboa Blvd. Alley; f) approve a Budget Amendment (07BA -081) in anticipation of the formation and approval of Assessment District No. 99 (the proposed Assessment District of $9,175,844 will provide $6,179,983 for the design, construction, financing and incidental contingencies, $686,907 to establish a bond reserve and allow for supplemental funding of $2,308,954 for taxes, if assessed; the Budget Amendment will increase revenue estimates by $6,179,983 and increase expenditure appropriations by $6,079,918; the difference of $100,065 will be utilized to reimburse the City for past assessment engineering and design expenditures related to this district; the Budget Amendment also appropriates $54,239 for the related assessment on City and State owned property; or g) if desired, abandon the proceedings. 19. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2007- 2008. Action: a) Hold public hearing regarding the renewal of the Marine Avenue Business Improvement District; and b) if protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2007 -_ confirming the levy of the BID assessment for the 2007 -2008 fiscal year; OR if protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the district. 20. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2007- 2008. Action: a) Hold public hearing regarding the renewal of the Corona del Mar Business Improvement District; and b) if protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2007 -_ confirming the levy of the BID assessment for the 2007 -2008 fiscal year; OR if protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the district. 21. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2007- 2008. Action: a) Hold public hearing regarding the renewal of the Balboa Village Business Improvement District; and b) if protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2007 -_ confirming the levy of the BID assessment for the 2007 -2008 fiscal year; OR if protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the district. 22. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2007 -2008. Action: a) Hold public hearing regarding the renewal of the Restaurant Association Business Improvement District; and b) if protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2007 -_ confirming the levy of the BID assessment for the 2007 -2008 fiscal year; OR if protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the district. XV. 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. 5 XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 23. PLANNING COMMISSION AGENDA FOR JUNE 21, 2007. Action: a) Receive oral report on the most recent Planning Commission actions; b) Council Member appeal of Planning Commission, Modification Committee or Planning Director approvals subject to appeal; and c) receive and file written report. XVIII. CONTINUED BUSINESS 24. 2007 -08 BUDGET ADOPTION. Action: a) Straw vote the items included on the Budget Checklist and determine by individual vote if the checklist items should be included in the 2007 -08 budget; and b) adopt Resolution No. 2007 -_ approving the City's 2007 -08 budget, as amended by any approved Budget Checklist items. 25. APPOINTMENTS TO BOARDS & COMMISSIONS. Action: Appointments to be made from the nominees to the Boards and Commissions listed below: Board of Library Trustees (2 vacancies - Vote for two) Kathleen Peterson (incumbent) Karen Clark (incumbent) Lynn Crutchley John Moftkahar Citv Arts Commission (1 vacancy - Vote for one) Wendy Brooks (incumbent) Robert Smith Civil Service Board (1 vacancy —Vote for one) Arlene Fortanasce Clinton Hoose Hugh Logan Harbor Commission (1 vacancy —Vote for one) Donald Lawrenz (incumbent) Tom Houston Parks. Beaches & Recreation Commission (2 vacancies - Vote for two) Tim Brown (incumbent) William Garrett (incumbent) Tom Anderson Laura Curran Planning Commission (2 vacancies — Vote for two) Barry Eaton (incumbent) Earl McDaniel (incumbent) Steven Coyne Tim Steaks XVIX. CURRENT BUSINESS 26. COUNCIL CONSIDERATION OF RESOLUTION STATING UNIFYING PRINCIPLES FOR JWA COALITION CITIES ADVERSELY AFFECTED BY JOHN WAYNE AIRPORT'S AIRCRAFT ARRIVALS AND DEPARTURES.. Action: Adopt Resolution No. 2007 -_ and accompanying Position Statement stating the principles which are already reflected in the City Council's Airport Policy A -17. 27. US MAYORS CLIMATE PROTECTION AGREEMENT. Action: Provide direction to staff regarding the US Mayors Climate Protection Agreement. XX. 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. XXI. ADJOURNMENT 7