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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, June 24, 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 June 24, 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 applicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION -Reverend Dr. George R. Crisp, Christ Church by the Sea United Methodist F. PRESENTATIONS Presentation by Newport Beach Film Festival Executive Director and CEO Gregg Schwenk. Proclamation recognizing Code Enforcement Officer Charles (Cass) Spence. Recreation and Parks Month Proclamation. 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 (1— 23) 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 boxprovided at the podium. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JUNE 10, 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. RESOLUTION FOR ADOPTION 3. TERMINATION OF NON - EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT. Adopt Resolution No. 2003 - terminating the solid waste franchise agreement between the City of Newport Beach and Browning Ferris Industries. CONTRACTS AND AGREEMENTS 4. BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE II — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3555). 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 -year after Council acceptance. 5. NEWPORT HEIGHTS PAVEMENT OVERLAY — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3473). 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 -year after Council acceptance. 6. SIDEWALK, CURB, AND GUTTER REPLACEMENT (2002 -2003) — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3534). 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 -year after Council acceptance. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK AND CHANNEL PLACE PARKS - AWARD OF CONTRACT (C- 3588). 1) Approve the plans and specifications; 2) affirm Categorical Exemption for the work; 3) award the contract (C -3588) to Sadie Construction, Inc. for the total bid price of $148,330, and authorize the Mayor and the City Clerk to execute the contract; and 4) establish an amount of $14,670 to cover the cost of unforeseen work. 8. STREET LIGHT REPLACEMENT PROGRAM - LIDO SANDS, SHORECLIFFS, CAMEO SHORES, AND CAMEO HIGHLANDS - AWARD OF CONTRACT (C- 3447). 1) Approve the plans and specifications; 2) award the contract (C -3447) to Pete and Sons Construction for the total bid price of $624,008, and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $30,000 to cover the cost of unforeseen work; and 4) approve a budget amendment (BA -081) appropriating $61,598 from the unappropriated balance of the General Fund to Account No. 7014- C5500035. 9. CLIFF DRIVE PARK RENOVATION - AWARD OF CONTRACT (C- 3528). 1) Approve the plans and specifications; 2) award the contract (C -3528) to Green Giant Landscape, Inc. for the total bid price of $255,000, and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $17,000 to cover the cost of unforeseen work; and 4) approve a budget amendment (BA -080) authorizing the transfer of $20,000 from Operations Account No. 4340 -8070 to Account No. 7015- C4120614. 10. 2002 -2003 CITYWIDE SLURRY PROGRAM - AWARD OF CONTRACT (C- 3559). 1) Approve the plans and specifications; 2) award the contract (C -3559) to Sudhakar Company, International for the total bid price of $238,915, and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $23,000 to cover the cost of unforeseen work. 11. BAYSIDE DRIVE RESURFACING - AWARD OF CONTRACT (C- 3556). 1) Approve the plans and specifications; 2) award the contract (C -3556) to R. J. Noble Co. for the total bid price of $207,489, and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $20,000 to cover the cost of unforeseen work. 12. JAMBOREE ROAD/MACARTHUR BOULEVARD INTERSECTION IMPROVEMENTS - AWARD OF CONTRACT (C- 3369). 1) Approve the plans and specifications; 2) approve negative declaration; 3) award the contract (C -3369) to Hillcrest Contracting, Inc. for the total bid price of $1,440,944.80 and authorize the Mayor and the City Clerk to execute the contract; 4) establish an amount of $144,055.20 to cover the cost of unforeseen work; and 5) approve a budget amendment (BA -079) appropriating an additional $505,880 to Contributions Account No. 7251- C5100584 and increasing revenue estimates by $505,880 in Circulation and Transportation Fund Revenues Account No. 250 -4858; and appropriating $70,000 from the unappropriated balance of the Transportation and Circulation Fund to Account No. 7261- C5100584. 13. MARINERS VILLAGE LANDSCAPE IMPROVEMENTS - AWARD OF CONTRACT (C -3612) AND APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS. 1) Approve the plans and specifications; 2) affirm categorical exemption for the work; 3) award the contract (C -3612) to Belaire -West Landscape, SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS Inc. for the total bid price of $295,940, and authorize the Mayor and the City Clerk to execute the contract; 4) establish an amount of $29,594 to cover the cost of unforeseen work; 5) approve Amendment No. 2 to the Professional Services Agreement with MetroPointe Engineers for the Mariners Village Improvement Project at a contract price of $ 7,530, and authorize the Mayor and the City Clerk to execute the amendment; and 6) approve a budget amendment (BA -082) of $55,064 from the unappropriated balance of the General Fund to Account No. 7014- C2700500 to pay for additional design and construction costs. 14. MARINER'S MILE WATERFRONT WALKWAY FEASIBILITY STUDY: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH CASH & ASSOCIATES. Approve a Professional Services Agreement with Cash & Associates for $50,000, and authorize the Mayor and the City Clerk to execute the agreement. 15. COOPERATIVE AGREEMENT — ADMINISTRATION OF TOTAL MAXIMUM DAILY LOADS (TMDLs) IN NEWPORT BAY. Authorize the City Manager to sign and execute the Cooperative Agreement to fund Nutrient, Fecal Coliform and Toxics Total Maximum Daily Load (TMDL) Studies in the Newport Bay Watershed. 16. BUDGET AMENDMENT: CODE AND WATER QUALITY ENFORCEMENT DIVISION TRAILER. 1) Approve a budget amendment (BA -084) appropriating $21,666 from unencumbered General Fund Reserves to the City Manager's Professional and Technical Services Account; and 2) award a trailer lease contract to Atlas Performance Industries for a total price of $21,666. 17. PROFESSIONAL SERVICES AGREEMENT FOR A COMPREHENSIVE UPDATE OF THE SIGN CODE AND THE DEVELOPMENT OF A DESIGN GUIDELINES MANUAL. Approve the Professional Services Agreement with RBF Consulting for the Sign Code Update and a Sign Design Guidelines Manual. 18. PROFESSIONAL SERVICES AGREEMENT TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE ST. MARK PRESBYTERIAN CHURCH PROJECT. Approve a Professional Services Agreement with Michael Brandman Associates of Irvine, California, for professional environmental services to prepare an Environmental Impact Report not to exceed cost of $119,265 and authorize City Manager to sign agreement. MISCELLANEOUS ACTIONS 19. PURCHASE OF REPLACEMENT CARDIAC MONITORIDEFIBRILLATORS FOR USE BY FIRE DEPARTMENT PARAMEDICS. 1) Approve the purchase of six Zoll cardiac monitor defibrillators with 12 -lead electrocardiography for the paramedic units at an amount not to exceed $110,000; and 2) approve a budget amendment (BA -078) to transfer $80,000 from the General Fund Unappropriated Reserve to Account No. 2340 -9300 to fund purchase of cardiac monitors. 20. STORM DRAIN CATCH BASIN AND V -DITCH CLEANING — BUDGET AMENDMENT. Approve a budget amendment (BA -083) in the amount of $135,210, transferring revenue from unencumbered reserves to the Operations Support Professional and Technical Services (8080) Account. 21. MEASURE M ELIGIBILITY RE- QUALIFICATION FOR FY 2003 -2004. 1) Adopt the Seven -Year Capital Improvement Program; and 2) direct staff to submit the adopted Capital Improvement Program, Maintenance of Effort certification, and SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Local Pavement Management Plan certification to the Orange County Transportation Authority to satisfy the eligibility provisions for the Measure M and the Congestion Management Programs. 22. CORONA DEL MAR STATE BEACH — BEACHGOER AMENITY IMPROVEMENT PROJECT. 1) Approve conceptual site plan and draft facilities concept for replacement facilities at Corona del Mar State Beach; 2) affirm the categorical exemption; and 3) direct staff to proceed with the full site plan and facilities concept by phasing the full project to reflect available funds and by seeking additional funding for its completion. 23. LEGAL ADVERTISING BID FOR FISCAL YEAR 2003 -2004. Accept the bid of the Daily Pilot and authorize a purchase order for the one -year period of fiscal year 2003 -2004. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR 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. 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 M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 24. PLANNING COMMISSION AGENDA FOR JUNE 19, 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. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS N. PUBLIC HEARING La 25. CIRAULO RESIDENCE [PA2003 -067] - 202 S. BAYFRONT. REQUEST TO PERMIT A 127 SQUARE FOOT, THIRD LEVEL PORTION OF A SINGLE FAMILY RESIDENCE TO EXCEED THE 24 -FOOT BASE HEIGHT LIMIT. Action: 1) Conduct public hearing; and 2) Deny the applicant's request by adopting the Findings of Denial. 26. 2003 -04 BUDGET ADOPTION. Action: 1) Straw vote the items included on the Budget Checklist and determine by individual vote if the Checklist items should be included in the 2003 -04 budget; and 2) Adopt Resolution No. 2003 -_ adopting the City's 2003 -04 Budget, as amended by any approved Budget Checklist items. 27. 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 Qualitv 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). 28. APPOINTMENTS TO COASTAL/BAY WATER QUALITY CITIZENS ADVISORY COMMITTEE. Action: 1) Appoint Council Member to the vacant Council seat on the Coastal/Bay Water Quality Citizens Advisory Committee; 2) Confirm the appointment of as Council Member Adams' appointment to the Coastal/Bay Water Quality Citizens Advisory Committee; and 3) Designate as the Vice - Chairman of the Coastal/Bay Water Quality Citizens Advisory Committee. A SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 29. APPOINTMENTS TO BOARDS AND COMMISSIONS. Action: Appointments to be made from the nominees to the Boards and Commissions listed below. All new terms will be effective on July 1, 2003 with an expiration date of June 30, 2007. The term for the unscheduled vacancy (Shant Agajanian's seat) on the Planning Commission will be effective immediately and will expire on June 30, 2004. The incumbents listed are eligible for reappointment. Voting will be by paper ballot with the results, including the vote tally, to be tabulated and announced by the City Clerk upon conclusion of the voting process. Board of Library Trustees (2 vacancies - Vote for two) Patrick Bartolic [Incumbent] Karen Clark [Incumbent] Nancy Jones Kathleen Peterson City Arts Commission (1 vacancy - Vote for one) Wendy Brooks Kathy Poppers Civil Service Board (1 vacancy — [Civil Service Board Nominee] - Vote for one) Douglas Coulter James Dunlap, Jr. [Incumbent] Dayna Pettit Harbor Commission (1 vacancy - Vote for one) Donald Lawrenz [Incumbent] Lee Sutherland Parks Beaches & Recreation Commission (1 vacancy - Vote for one) Gregory Pitcher Steven Rosansky Plannina Commission (3 vacancies —Vote for three) Robert Badham Jeffrey Cole Barry Eaton Marc Franklin Robert Hawkins Robert Kahn Earl McDaniel [Incumbent] SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. P. CURRENT BUSINESS 30. RESOLUTION TO CREATE A BUILDING AD HOC COMMITTEE. Action: 1) Adopt Resolution No. 2003 - creating a Building Ad Hoc Committee to work with Griffin Holdings, Inc. in site and facility planning for the proposed improvements of City Hall, Fire Station and Parking Structure; and 2) Confirm Mayor's appointments of two Council Members to the Committee. 31. CITY COUNCIL AND PLANNING COMMISSION CALLS FOR REVIEW. Action: Give staff direction on desired changes to the Calls for Review process, or determine that no changes are necessary. 32. ZONING CODE AMENDMENT INITIATION — AMEND CHAPTER 20.93 (MODIFICATION PERMITS) TO REFLECT CITY COUNCIL GUIDANCE [PA2003 -080]. Action: Adopt Resolution No. 2003 initiating an amendment to Title 20 of the Newport Beach Municipal Code to amend Chapter 20.93 to revise the Modification Committee's required findings to re -adopt the 300 -foot public notice radius. 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