Loading...
HomeMy WebLinkAbout0 - AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, October 14, 2003 Regular Council Meeting - 7:00 p.m. STEVEN BROMBERG MAYOR TOD W. RIDGEWAY GARY ADAMS Mayor Pro Tern (DISTRICT 2 -VACANT) 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 October 14, 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 - Dr. John A. Huffman, Jr., Saint Andrews Presbyterian Church F. PRESENTATIONS - None 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. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 11) 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 o 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 SEPTEMBER 23, 2003. Waive reading of subject minutes, approve as written and order filed. 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. ORDINANCE FOR INTRODUCTION 3. MUNICIPAL CODE ADDITION - SEWER MANHOLE FRAMES AND COVERS. Introduce Ordinance No. 2003 and pass to second reading on October 28. 2003. RESOLUTION FOR ADOPTION GENERAL PLAN AMENDMENT INITIATIONS: 1) AMENDMENT TO LAND USE ELEMENT TO CHANGE THE INTENSITY LIMIT FOR PROPERTY LOCATED AT 707 EAST BALBOA BLVD. FROM A FLOOR AREA RATIO TO ONE BASED ON THE NUMBER OF SEATS [ BALBOA THEATER]; AND 2) AMENDMENT TO LAND USE ELEMENT TO CHANGE THE LAND USE DESIGNATION OF PROPERTY LOCATED AT 3450 VIA OPORTO FROM GOVERNMENTAL, EDUCATIONAL AND INSTITUTIONAL FACILITIES TO RETAIL AND SERVICE COMMERCIAL. Adopt Resolution No. 2003 - initiating amendments to the General Plan (GPI 2003 -006 and GPI 2003 -007). CONTRACTS AND AGREEMENTS 5. NEWPORT CENTER DRIVE AND SAN NICOLAS DRIVE RESURFACING - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3561). 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. IRVINE AVENUE FROM SANTIAGO TO UNIVERSITY AND JAMBOREE ROAD FROM SANTA BARBARA TO EASTBLUFF /FORD ROAD 24 -INCH SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS WATER MAIN REPLACEMENT - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3412). 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. CITYWIDE SLURRY SEAL PROGRAM - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3559). 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. S. BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE III - AWARD OF CONTRACT (C- 3648). 1) Approve the plans and specifications; 2) award the contract (C -3648) to Nobest, Inc. for the total bid price of $110,000 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $15,000 to cover the cost of unforeseen work and geotechnical and testing services. MISCELLANEOUS ACTIONS 9. APPOINTMENT OF MAYOR BROMBERG TO FILL VACANT POSITION ON THE CITY COUNCIL AD HOC AIRPORT POLICY REVIEW COMMITTEE. Confirm the appointment of Mayor Bromberg to replace Council :Member Proctor on the City Council Ad Hoc Airport Policy Review Committee. 10. PARKWAY FICUS TREE MAINTENANCE. Approve a budget amendment (BA -010) for $60,000 for the installation of root barriers, tree trimming, and root pruning of mature parkway ficus trees located throughout the City. 11. APPROVAL OF PURCHASE OF REMITTANCE PROCESSING EQUIPMENT AND AUTHORIZATION OF BUDGET AMENDMENT APPROPRIATING FUNDS FOR THE PURCHASE. 1) Approve the purchase of new remittance processing equipment with hardware and software maintenance at a total first year cost of $45,000; and 2) authorize a budget amendment (BA -008) appropriating $28,973.84 from the unappropriated balance of the Water Fund to Account No. 7501 - 00620741, $4,527.16 from the unappropriated balance of the Wastewater Fund to 7531- C0620741, $3,169.02 from the unappropriated balance of the Tidelands Fund to 7231- C0620741, and $8,329.98 from the unappropriated balance of the General Fund to 7017- C0620741. 12. MANAGEMENT OF INCOME PRODUCING AGREEMENTS. Direct staff to complete an analysis (abstract) of leases, franchises, rentals, and other income producing agreements using in -house resources, create a new position responsible for management of income producing agreements and approve a budget amendment (BA -009) in the amount of $87,711.50 to fund same. 13. APPROPRIATION OF $100,000 FROM THE AFFORDABLE HOUSING TRUST DEPOSIT TO ACCOUNT #0510 -8080 TO PAY VARIOUS LEGAL AND CONSULTING FEES RELATED TO BAYVIEW LANDING COASTAL COMMISSION ENTITLEMENT. Approve a budget amendment (BA -011) to appropriate $100.000 from the Affordable Housing Trust Deposit to City Attorney's Professional Services account. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 14. HUMAN SERVICES GRANTS FOR 2003 -2004. Authorize the allocation of $25,000 in Human Services Grants in the amounts and to the agencies described in the staff report. 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 u>ithin 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 15. PLANNING COMMISSION AGENDA FOR OCTOBER 9, 2003. [Meeting cancelled due to lack of business]. N. PUBLIC HEARING 16. TABAK RESIDENCE, 3431 OCEAN BOULEVARD, VARIANCE NO. 2003 -005 AND AMENDMENT TO MODIFICATION PERMIT NO. 2002 -049 (PA2003- 180). Action: 1) Conduct public hearing: and 2) Uphold the decision of the Planning Commission to deny Variance No. 2003 -005 and approve Amendment to Modification Permit No. 2002 -049 (PA2003 -180) based on the findings and conditions of approval contained within the Planning Commission resolution. O. CONTINUED BUSINESS 17. COUNCIL CONSIDERATION OF CITY COUNCIL CANDIDATES' INTERVIEW AND SELECTION PROCEDURE. Action: Discuss and provide direction. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS P. CURRENT BUSINESS 18. SELECTION OF INSURANCE BROKER OF RECORD — PROPERTY/ CASUALTYINSURANCE. Action: Approve the selection of Brown & Brown (formerly CalSurance) as recommended by the Council Finance Committee and the Selection Committee as the City's Broker of Record for property /casualty insurance with annual broker fees not to exceed $91,500 annually and at a guaranteed rate for three years. 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 + + + + + + + + + + + + + + + + + ++ 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.