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HomeMy WebLinkAbout0 - Regular AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, November 25, 2003 Regular Council Meeting - 7:00 p.m. STEVEN BROMBERG MAYOR TOD W. RIDGEWAY GARY ADAMS Mayor Pro Tern STEVEN ROSANSKY Council Member DON WEBB Council Member HOMER BLUDAU - City Manager, HARKLESS - City Clerk, STEPHEN WOOD - Assistant City Manager. Council Member RICHARD A. NICHOLS Council Member JOHN HEFFERNAN Council Member ROBERT BURNHAM - City Attorney, LAVONNE G. BADUM - Director of Public Works, SHARON Z. 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 November 25, 2003 STUDY SESSION — Cancelled 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 — The Reverend Praveen Bunyan, St. James Episcopal Church F. PRESENTATIONS Taste of Newport Grant Presentations Proclamation for Organization Outreach Proclamation for Jim Jennings G. 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. 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. 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. 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 - 10) 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, and place the sign -in card in the box provided at the podium. READING OF MINUTESIORDINANCES AND RESOLUTIONS MINUTES OF THE REGULAR MEETING OF NOVEMBER 12, 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. CONTRACTS AND AGREEMENTS 3. NEWPORT BOULEVARDBALBOA BOULEVARD - 26TH STREET TO 16TH STREET - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3373). 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; 4) release the Faithful Performance bond 1 year after Council acceptance; and 5) authorize a contract for $77,430 with Asbury Environmental Services (AES) to install the 58 Ultra Urban Filters that were deleted from this project through Change Order No. 4. 4. FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3605). 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 1 year after Council acceptance. 5. OCEAN FRONT BEACH ACCESS WALKWAYS - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3378). 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; 4) release the Faithful Performance bond 1 year after Council acceptance. 6. HARBOR VIEW NATURE PARK - MISCELLANEOUS SLOPE REPAIRS - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3567). 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. has been recorded in accordance with applicable portions of the Civil Code; 4) release the Faithful Performance bond 1 year after Council acceptance. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 87 (BIG BALBOA ISLAND). 1) Establish Assessment District No. 87, Account No. 7401- C5200742; 2) approve a budget amendment (BA -015) in the amount of $287,212 from Assessment District Fund Balance, Account No. 400 -3605 to Account No. 7401- C5200742; 3) authorize the Mayor to execute a Professional Services Agreement with Harris & Associates in an amount not to exceed $98,000 for assessment engineering and district coordination services; 4) authorize the Mayor to execute a Professional Services Agreement with Bush & Associates, Inc. in an amount not to exceed $48,100 for aerial survey; and 5) authorize staff to proceed with design of underground utilities plans by remitting $51,112 to Southern California Edison and $90,000 to SBC. 8. BACK BAY SCIENCE CENTER AGREEMENT. Authorize the City Manager to approve a Cooperative Agreement between the City of Newport Beach, the County of Orange and the Department of Fish and Game pertaining to the Back Bay Science Center. 9. PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL ENGINEERING & CONTRACTING, INC. (EEC) FOR FATS, OIL & GREASE (FOG) CHARACTERIZATION. 1) Approve Professional Services Agreement with EEC for the contract price of $47,000 and authorize the Mayor and the City Clerk to execute the agreement; and 2) approve a budget amendment (BA -016) appropriating $47,000 from the unappropriated balance of the Wastewater Enterprise Fund to account no. 7531- C5600691. MISCELLANEOUS ACTIONS 10. DRAFT EIR FOR PACIFIC CITY PROJECT, PACIFIC COAST HIGHWAY, HUNTINGTON BEACH. Approve and authorize Mayor to send comments to the City of Huntington 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 Comments are inuited 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. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. L. M. N D 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 PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 11. PLANNING COMMISSION AGENDA FOR NOVEMBER 20, 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 HEARING 12. CODE AMENDMENT NO. 2003 -003 — AMENDMENT TO CHAPTER 20.93 TO REVISE THE MODIFICATION PERMITS STANDARDS OF REVIEW (PA 2003 -080). Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2003 -_ approving Code Amendment No. 2003 -003; and pass to second reading on December 9, 2003. 13. 3450 VIA OPORTO (PA2003 -213) — GENERAL PLAN AMENDMENT NO. 2003- 010, LOCAL COASTAL PROGRAM AMENDMENT NO. 2003 -004, AND CODE AMENDMENT NO. 2003-008 — REQUEST TO AMEND THE GENERAL PLAN AND LOCAL COASTAL PROGRAM LAND USE DESIGNATIONS FROM GOVERNMENTAL, EDUCATIONAL AND INSTITUTIONAL FACILITIES TO RETAIL & SERVICE COMMERICAL AND TO CHANGE THE ZONING DISTRICT CLASSIFICATION FROM GEIF TO RSC. Action: 1) 2) 3) CONTINUED BUSINESS 14. UNSCHEDULED RECREATION CO Conduct public hearing; Approve the request by adopting Resolution No. 2003 -_; and By introducing Ordinance No. 2003 -_ and pass to second reading on December 9, 2003. VACANCY ON THE PARKS, BEACHES & MMISSION. Action: Confirm the nominations as presented by the Ad Hoc Appointments Committee to fill the unscheduled vacancy as a result of the appointment of Steven Rosansky to the City Council. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 12 15. ADOPTION OF AN ORDINANCE ESTABLISHING A PROCEDURE FOR GRANTING A "SPECIAL CIRCUMSTANCE VARIANCE" FOR PROJECTS THAT INVOLVE BUILDING PERMITS THAT WERE ISSUED BASED ON FALSE SURVEY DATA SUBMITTED BY ANDREW GOETZ. Action: Adopt Ordinance No. 2003 -16. 16. RESOLUTION RELATING TO ADDING A 3RD COUNCIL SEAT AND APPOINTMENT TO THE COASTAL/BAY WATER QUALITY CITIZENS ADVISORY COMMITTEE AND APPOINTING A COUNCIL MEMBER TO THE 3RD SEAT. Action: 1) Adopt Resolution No. 2003 -_ which expands the Coastal/Bay Water Quality Citizens Advisory Committee to include three members from the City Council; and 2) Confirm the appointment of as the Mayor's appointment to the Coastal/Bay Water Quality Citizens Advisory Committee. 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.