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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, September 12, 2006 Regular Council Meeting - 7:00 p.m. DON WEBB MAYOR STEVEN ROSANSKY Mayor Pro Tern TOD W. RIDGEWAY Council Member LESLIE J. DAIGLE Council Member EDWARD D. SELICH Council Member RICHARD A. NICHOLS Council Member KEITH D. CURRY 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. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD September 12, 2006 - 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 annlicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Pastor John Embree, Newport Harbor Lutheran Church F. PRESENTATIONS Proclamation for the lst Baby Born in our New Century Centennial Committee Recognition Presentation of Cultural Arts Grants Presentation of Thermoplaques to Outgoing Board and Commission Members G. 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. 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. RED LIGHT WILL SIGNIFY WHEN SPEAKERS TIME LIMIT IS UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. I. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 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. READING OF MINUTESIORDINANCES AND RESOLU_TI9_NS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETINGS OF AUGUST 22, 2006. 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 AUTHORIZING THE TEMPORARY CLOSURE OF PORTIONS OF COURT AVENUE, 20TH STREET, 22ND STREET, 23RD STREET, WASHINGTON STREET, SELECTED PARKING LOTS, NEWPORT & BALBOA BEACHES AND PIERS AND PENINSULA PARK FOR THE CENTENNIAL CELEBRATION. Adopt Resolution No. 2006 -_ 4. RESOLUTION AUTHORIZING THE INSTALLATION OF STOP SIGNS AT THE INTERSECTIONS OF NEWPORT HILLS DRIVE EAST AT PORT ALBANS PLACE AND NEWPORT HILLS DRIVE EAST AT PORT SEABOURNE WAY. Adopt Resolution No. 2006 -_ for the installation of stop signs at the intersections of Newport Hills Drive East at Port Albans Place and Newport Hills Drive East at Port Seabourne Way. CONTRACTS AND AGREEMENTS 6. SIDEWALK, CURB AND GUTTER REPLACEMENT FY06 -06 - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3789). 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. 6. BALBOA ISLAND BAYFRONT SIDEWALK AND DRAINAGE IMPROVEMENTS FY05 -06 - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3796). 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. 7. PROFESSIONAL SERVICES AGREEMENT WITH DOTY BROS. CONSTRUCTION COMPANY FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS (C- 3881). Authorize the Mayor to approve an agreement with Doty Bros. Construction Company for emergency underground utility repairs on an on -call basis. 8. PROFESSIONAL SERVICES AGREEMENT WITH GCI CONSTRUCTION, INC. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS (C- 3882). Authorize the Mayor to approve an agreement with GCI Construction, Inc. for emergency underground utility repairs on an on -call basis. 9. PROFESSIONAL SERVICES AGREEMENT WITH MIKE KILBRIDE, LTD. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS (C- 3883). Authorize the Mayor to approve an agreement with Mike Kilbride, LTD. for emergency underground utility repairs on an on -call basis. 10. MORNING CANYON STABILIZATION — ADDITIONAL FUNDING REQUIRED FOR COMPLETION OF CONTRACT (C- 3517). Approve a budget amendment (07BA -15) in the amount of $96,556 from unappropriated General Fund Reserves for work completed to Account 7014- C5100805. 11. AMEND CONTRACT FOR NEWPORT COAST RESIDENTIAL REFUSE COLLECTION (C -3513) TO PROVIDE FOR A 6 -MONTH EXTENSION AND PREPARE A BID FOR FUTURE SERVICES (contd. from 8/22/06). Authorize a 6 -month extension for refuse collection with Waste Management of Orange County (WMOC) through June 30, 2007 and direct staff to develop specifications and solicit proposals for refuse collection services in the Newport Coast area. 12. CONTRACT FOR PURCHASE/INSTALLATION OF RUBBER PLAYGROUND SURFACING AT WEST NEWPORT PARK (C-3884). 1) Approve the contract with Safe Guard Surfacing for installation and materials for rubber surfacing at West Newport Park (WNP) in the amount of $33,991; and 2) authorize the Mayor and City Clerk to execute the contract. 13. SANTA ANA HEIGHTS PASSIVE PARK (UPPER BAY VIEW PARK). 1) Reject bids for contract (C- 3787); and 2) direct staff to rebid the project after the City acquires the site from the County. MISCELLANEOUS 14. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY06 -07 EXPENDITURE ACCOUNTS. Approve a budget amendment (07BA -013) to increase revenue estimates by $6,133.28 in Account No. 4010 -5893 (Library Foundation Donations) and increase expenditure estimates by the same amount in Division 4090 (Foundation). 15. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES. Approve a budget amendment (07BA -014) 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. 16. BUDGET APPROPRIATION FOR THE CENTENNIAL. Approve a budget amendment (07BA -016) to appropriate previously approved funds to the Centennial Celebration and revenues raised in this fiscal year by 1) increasing Expenditure Account No. 0129 -8250 (City Centennial Account) by $350,000, and 2) increasing Revenue Account No. 0129 -5901 (Centennial Donations) by $237,000. 17. REVISED COST ESTIMATES FOR INITIATIVE REQUIRING VOTER APPROVAL OF MAJOR DEVELOPMENT OVER AS -IS CONDITIONS. Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR K. PUBLIC HEARING 18. GENERAL PLAN UPDATE IMPLEMENTATION PROGRAM AND REVIEW OF GENERAL PLAN CORRECTIONS. Action: 1) Conduct public hearing; and 2) Approve the Implementation Program of the updated General Plan and direct staff to make identified corrections to the adopted General Plan. L. 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. 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 — 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 N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 19. PLANNING COMMISSION AGENDA FOR SEPTEMBER 7, 2006. 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. O. CONTINUED BUSINESS 20. REQUEST TO CONSTRUCT NON - STANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY AT 401407 EDGEWATER PLACE (contd. from 8/22/06). Action: 1) Approve the Owner's request to construct non - standard encroachments, which include, but are not limited to, installing a not to exceed three feet in height wooden fence and appurtenances four feet into the Edgewater Place public right-of -way adjacent to the properties located at 401 -405 and 407 Edgewater Place; removing the existing concrete sidewalk; and planting ground cover inside the encroachment area; and direct staff to process an encroachment permit and prepare an encroachment agreement for these non - standard encroachments. m 2) Deny the Owner's request to construct non - standard private encroachments within the Edgewater Place public right -of- way. 21. REQUEST TO CONSTRUCT NON - STANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY AT 3431 OCEAN BOULEVARD. Action: Approve a limited expansion of the existing encroachments in the public right -of -way and direct staff to prepare an encroachment agreement and permit for the non - standard improvements in the public right -of -way fronting 3431 Ocean Boulevard. 22. CITYWIDE WAYFINDING & DIRECTIONAL SIGNAGE PROGRAM. Action: Approve final design and direct staff to begin implementation/ construction of Citywide Wayfmding & Direction Signage Program. P. CURRENT BUSINESS 23. ADOPTION OF NEIGHBORHOOD TRAFFIC MANAGEMENT POLICY. Action: Adopt City Council Policy 1-26, Neighborhood Traffic Management Policy. 61 24. COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE REGARDING ISSUES WITHIN OR ADJACENT TO THE CITY S SPHERE OF INFLUENCE ( "SPHERES ISSUES "). Action: As recommended by the City Manager and the City Council's Ad Hoc Sphere Issues Committee: 1) Authorize the Mayor to execute a Cooperative Agreement with the County of Orange in a manner substantially similar to the draft agreement provided with the staff report; 2) Direct staff to forward the document to the County of Orange's Board of Supervisors for review and approval; 3) Authorize the City Manager to make minor changes to the Agreement if requested by the County, provided such changes are reviewed and approved by the City Council's Ad Hoc Sphere Issues Committee; and 4) Direct staff to provide a final executed copy of the Agreement to the City Council and make it available to the public via the City's website following execution by the County. 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