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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, May 27, 2003 Regular Council Meeting - 7:00 p.m. STEVEN BROMBERG MAYOR TOD W. RIDGEWAY GARY ADAMS Mayor Pro Tern GARY L. PROCTOR Council Member DON WEBB Council Member Council Member RICHARD A. NICHOLS Council Member JOHN HEFFERNAN Council Member HOMER BLUDAU - City Manager, ROBERT BURNHAM - City Attorney, LAVONNE HARKLESS - City Clerk, STEPHEN G. BADUM - Director of Public Works, SHARON Z. WOOD - Assistant City Manager. NOTICE TO THE PUBLIC If you would like to address the City Council on a scheduled agenda item, please complete the yellow SPEAKER'S CARD. The cards are available in the lobby of the Council Chambers. Please identify on the card your name and the item on which you would like to speak and place it in the box at the podium when you address the Council. The SPEAKER'S CARD assists the Mayor in ensuring that all persons wishing to address the Council are recognized and your name is recorded correctly in the official records. 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 May 27, 2003 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 aunlicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION — The Reverend Praveen Bunyan, St. James Episcopal Church F. PRESENTATIONS Youth Council Annual Presentation. Presentation of APA Award of Merit for Visioning Process. Proclamation declaring Sunday, June 1, 2003 as the 10th Annual Celebrate Balboa Island Day G. NOTICE TO THE PUBLIC If you wish to address the Council, please fill out the yellow sign -in card and place it in the box at the podium. 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 TAPE 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 — 19) 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 Consent Calendar Item number, and place the sign -in card in the box provided at the podium. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MAY 13, 2003 AND SPECIAL MEETING OF MAY 21, 2003. 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. TOW TRUCK ORDINANCES. Adopt Ordinance No. 2003 -8. 4. AMENDMENT TO MUNICIPAL CODE SECTION 12.44.027, NEIGHBORHOOD ENHANCEMENT RESERVE. Adopt Ordinance No. 2003 -9. RESOLUTIONS FOR ADOPTION 5. RESOLUTION RELATING TO THE CITY S 2003 -04 LEGISLATIVE PLATFORM. Adopt Resolution No. 2003 -_ adopting a Legislative Platform for 2003 -04 and authorizing the Mayor to issue statements and letters consistent with the Platform. 6. FOURTH OF JULY STREET CLOSURE RESOLUTION. Adopt Resolution No. 2003 -_ authorizing the temporary closure of Seashore Drive, Newport Boulevard and Balboa Boulevard, and selected feeder streets. CONTRACTS AND AGREEMENTS 7. PROFESSIONAL SERVICES — BUDGET AMENDMENT. 1) Authorize the City Manager to enter into a $66,557 contract with Mr. Larry Paul of Tetra -Tech, Inc. for consultant services relating to Newport Bay; and 2) approve a budget amendment (BA -069) in the amount of $128,600 transferring revenue from unencumbered reserves to the City Manager's Professional and Technical Services (8080) Account. 8. 2002 -2003 CITYWIDE SLURRY PROGRAM — REJECT BID FOR (C- 3559). Reject the bid received for C -3559 and authorize staff to re- advertise the project. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 9. IRVINE AVENUE MEDIAN LANDSCAPING II (DOVER DRIVE TO HOLIDAY ROAD) — AWARD OF CONTRACT (C- 3576). 1) Approve the plans and specifications; 2) award the contract (C -3576) to DMA Greencare Contracting for the total bid price of $189,995.56 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $18,954.44 to cover the cost of unforeseen work; and 4) approve a budget amendment (BA -070) appropriating $62,530 from the unappropriated balance of the Circulation and Transportation Fund to Account No. 7261- C5100696. 10. OCEAN FRONT BEACH ACCESS WALKWAYS — AWARD OF CONTRACT (C- 3378). 1) Approve the plans and specifications; 2) award the contract (C -3378) to Terra Pave, Inc. for the total bid price of $67,132 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $6,700 to cover the cost of unforeseen work; and 4) approve a budget amendment (BA -071) transferring $13,832 from Tidelands Account No. 7231- C0310684 to Account No. 7231- C5100568. 11. 21sT STREET /NEWPORT BOULEVARD INTERSECTION IMPROVEMENTS, APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS. Approve a Professional Services Agreement with Metropointe Engineers of Costa Mesa at a contract price of $87,330 and authorize the Mayor and City Clerk to execute the Agreement. 12. AWARD OF LANDSCAPE MAINTENANCE AGREEMENT FOR BONITA CANYON SPORTS PARK. Approve the agreement with TruGreen LandCare to provide landscape maintenance of Bonita Canyon Sports Park at an annual cost of $116,736 for the entire park; and authorize the contract to take effect June 1, 2003 for services to commence only at the completed areas of the Park (mid and east areas). 13. ANNUAL FINANCIAL AUDIT CONTRACT RENEWAL. Authorize the City Manager to renew the contract with the CPA firm of Conrad and Associates, L.L.P. to perform the City's annual financial audit for the fiscal years ending June 30, 2003, 2004, and 2005. 14. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAVID VOLZ DESIGN FOR GRANT PROPOSAL WORK AND BUDGET AMENDMENT FOR MORNING CANYONIWATERSHED PROJECT PLANNING. 1) Approve a Professional Services Agreement for Newport Watershed Grant Proposal Services with David Volz Design (DVD) in the amount of $39,906 and authorize the Mayor and the City Clerk to execute the Agreement; and 2) approve a budget amendment (BA -073) appropriating $64,906 from the unappropriated balance of the General Fund to Account No. 7014- C5100711 Morning Canyon/Watershed Projects. MISCELLANEOUS ACTION 15. 2003 -04 PROPOSED BUDGET HEARING; 2003 -04 APPROPRIATION LIMIT HEARING. Schedule a public hearing of the City's Proposed Budget and Appropriation Limit for the 2003 -04 fiscal year on June 10, 2003, at 7:00 p.m. in the City Council Chambers; and direct the City Clerk to publish a notice of said hearings. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 16. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION. 1) Accept resignation of Shant Agajanian (Planning Commission) effective May 19, 2003; 2) waive noticing and appointment requirements pertaining to unscheduled vacancies as outlined in City Council Policy A -2; and 3) confirm the direction provided by the Ad Hoc Appointments Committee to incorporate the appointment for this vacancy with the appointments to fill the scheduled vacancies. 17. APPOINTMENT OF COMMITTEE TO DISCUSS LEASE TERMS FOR MARINAPARK PROPERTY WITH SUTHERLAND TALLA HOSPITALITY. Confirm Mayor's appointment of Mayor Pro Tent Ridgeway and Council Member Heffernan. 18. COMMENTS ON DRAFT EIR ON IRVINE RANCH WATER DISTRICT'S NATURAL TREATMENT SYSTEM PROGRAM. Approve and authorize the Mayor to send comment letter. 19. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING FISCAL YEAR JULY 1, 2003 TO JUNE 30, 2004. Authorize the City Clerk to publish a notice advertising for bids to be received on or before the hour of 4:00 p.m. on Wednesday, June 11, 2003 for a one -year contract covering the publishing and printing of legal notices, or other material required to be published and circulated in the City of Newport Beach. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR K. PUBLIC COMMENTS Public Continents 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. 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. M. N. .7 PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 20. PLANNING COMMISSION AGENDA FOR MAY 22, 2003. 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. PUBLIC HEARINGS 21. CODE AMENDMENT CA 2003 -004 — ABO AMENDMENT (PA 2003 -090) - AMENDS THE ALCOHOLIC BEVERAGE OUTLET (ABO) ORDINANCE (CHAPTER 20.89) TO PROHIBIT OFF-SALE ALCOHOLIC BEVERAGE OUTLETS FROM SELLING OR STORING ALCOHOLIC BEVERAGES OUTSIDE OF THE EXTERIOR WALLS OF THE ESTABLISHMENT. Action: 1) Conduct public hearing; and 2) Adopt Ordinance No. 2003 -10. 22. APPOINTMENTS BY THE CITY COUNCIL TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE AND THE AVIATION COMMITTEE. Action: Confirm the appointments to the Environmental Quality Affairs Citizens Advisory Committee and the Aviation Committee, as announced by each Council Member. Environmental Quality Affairs Citizens Affairs Committee (District 3) Council Member Webb's appointment of (regular member). (District 4) Council Member Adams' appointment of (regular member). Aviation Committee (District 4) Council Member Adams' appointment of (alternate). 23. CITY HALL FACILITIES SCHEMATIC DESIGN — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH GRIFFIN HOLDINGS, INCORPORATED (contd. from Study Session of 4/08/03). Action: 1) Receive and file report titled, "Comparisons of Continued Occupancy of Existing City Hall vs. Effective Costs of Occupancy in a Replacement City Hall"; 2) Approve a Professional Services Agreement with Griffin Holdings Incorporated, for the not to exceed price of $578,185 and authorize the Mayor and the City Clerk to execute the Agreement; 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 3) Approve a budget amendment (BA -072) appropriating $253,185 from the balance of the General Fund Reserve for Capital Improvement to Account No. 7011- C2910545; 4) Authorize staff to engage discussions with the adjacent property owner regarding a lot -line adjustment; and 5) Direct staff to schedLde a series of community workshops regarding the planning and design of the project. P. CURRENT BUSINESS 24. COUNCILMANIC RE- DISTRICTING. Action: Adopt the Councilmanic districts as recommended by the Council subcommittee, introduce Ordinance No. 2003 - changing and redefining the boundaries of Councilmanic districts and pass to second reading on June 10, 2003. 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.