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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, August 22, 2006 Regular Council Meeting - 7:00 p.m. DON WEBB MAYOR STEVEN ROSANSKY EDWARD D. SELICH Mayor Pro Tern TOD W. RIDGEWAY Council Member LESLIE J. DAIGLE Council Member 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. NBN8 ®r Iftar .Saifini� NEWPORT BEACH 1906 -2006 �/ �/ NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD August 22, 2006 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 - Pastor Kerry Beaulieu, Our Lady Queen of Angels Church F. PRESENTATIONS Centennial Committee Recognition Check Presentation from the Friends of the Library Recognition for Efforts to Restore the Antique Fire Station 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. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 13) 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 RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING 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. CONTRACTS AND AGREEMENTS 3. APPROVAL OF A COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE FOR HARBOR DEBRIS REMOVAL. Authorize the City Manager to execute a cooperative agreement with the County of Orange whereby the City provides debris removal and refuse pickup services within the tidal zones of Newport Harbor and the County provides cost - sharing funds. 4. AMEND CONTRACT FOR NEWPORT COAST RESIDENTIAL REFUSE COLLECTION. Amend the contract agreement with Waste Management of Orange County (WMOC) to provide residential refuse collection services in the Newport Coast area through January 1, 2010. 5. AWARD A CONTRACT FOR LANDSCAPE ARK MAINTENANCE SERVICES WITH TRU GREEN LANDCARE. Award the Landscape Maintenance Agreement with Tru Green Landcare in the amount of $474,997 to provide landscape maintenances services to City parks and facilities and subsequently approve a budget amendment (07BA -008) in the amount of $84,682 to fund the additional cost over the expiring contract. 6. BACK BAY SCIENCE CENTER - AWARD OF CONTRACT (C- 3460). 1) Approve the plans and specifications; and 2) award the bid packages for C -3460 as shown in the staff report for the total bid price of $266,676.00, and authorize the Mayor and the City Clerk to execute the contract. 7. IRVINE TERRACE WATER VALVE, OCEAN VISTA AND ORANGE STREET WATER MAIN REPLACEMENTS — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3643). 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. JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3785). 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. 9. CHILDREN'S SUN AND SEA DISCOVERY GARDEN AT NEWPORT BEACH CENTRAL LIBRARY - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH FRONT PORCH CREATIONS. 1) Accept a $139,530 contribution from the Friends of the Newport Beach Library for creation and maintenance of a children's garden adjacent to the Central Library; 2) approve professional services agreement with Front Porch Creations of Newport Beach, California, at a not to exceed price of $139,530 and authorize the Mayor and City Clerk to execute the agreement; and 3) approve a budget amendment (07BA -009) to increase revenue estimates by $139,530 in Account No. 4091 -5892 (Library - Friends of the Library) and appropriating the same amount to 7011- C4091936. 10. MALIBU CIRCLE SLOPE REPAIR - AWARD OF CONTRACT (C- 3791). 1) Approve the plans and specifications; 2) award the contract (C -3791) to Excavating Engineers Inc., dba Hillside Retaining Walls Company for the total bid price of $62,777, and authorize the Mayor and City Clerk to execute the contract; 3) establish an amount of $6,000 to cover the cost of unforeseen work; and 4) approve a budget amendment (07BA -010) in the amount of $35,587 from unappropriated General Fund Reserves. 11. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH EIP ASSOCIATES, INC. AND BUDGET AMENDMENT. 1) Approve and authorize the Mayor and City Clerk to execute the third amendment to professional services agreement with EIP Associates, Inc.; and 2) approve a budget amendment (07BA- 011) transferring $142,270 from the unappropriated General Fund reserve to account 2710 -8293, General Plan Update. MISCELLANEOUS 12. 2006/2007 CULTURAL ARTS GRANTS. Approve recommended recipients for FY 2006/2007 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Policy I -12 - Reserue Fund for Culture and Arts. 13. SOBER LIVING BY THE SEA - USE PERMIT NO. 2005 -031, OFFSITE PARKING AGREEMENT NO. 2005 -005, MODIFICATION PERMIT NO. 2005- 133 - 2811 VILLA WAY (PA 2005 -136) (contd. from 4/11/06, 5/23/06 and 6/27/06). Continue to September 26, 2006. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. 3 J. IN L. M. IN ITEMS REMOVED FROM THE CONSENT CALENDAR 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. 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 PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR AUGUST 17, 2006. Action: 1) Receive oral report on the most recent Planning Commission actions; 2) Council Member appeal Modification Committee or subject to appeal; and 3) Receive and file written report. CURRENT BUSINESS of Planning Commission, Planning Director approvals 15. REQUEST TO CONSTRUCT NON - STANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY AT 401 -407 EDGEWATER PLACE. Action: 1) Approve the Owner's request to construct non - standard encroachments, which include, but are not limited to, installing a wooden fence not to exceed 3 feet in height and appurtenances 4 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. 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. O. 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. P. ADJOURNMENT - Adjourn to 7:00 p.m. on Tuesday, August 29, 2006.