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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, November 26, 2002 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR STEVEN BROMBERG GARY ADAMS Mayor Pro Tern GARY L. PROCTOR Council Member NORMA J. GLOVER Council Member Council Member DENNIS D. O'NEIL 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, address, 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 48 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 26, 2002 - Cancelled CLOSED SESSION - 4:30 p.m. [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 Leigh Harrison, Lighthouse Coastal Community Church of Costa Mesa F. PRESENTATION Pretend City Presentation 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 — 79) 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 NOVEMBER 12, 2002. 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. RESOLUTIONS FOR ADOPTION 3. PROPOSED ASSESSMENT DISTRICT NO. 70 (BAYSHORES) FOR UNDERGROUNDING UTILITIES. 1) Adopt the following resolutions: a) Resolution No. 2002 - making findings on a petition for, adopting a map showing the proposed boundaries of, and making appointments for Assessment District No. 70; b) Resolution No. 2002 -_ declaring intention to order the construction of certain improvements in proposed Assessment District No. 70, declaring the improvements to be of special benefit, describing the District to be assessed to pay the costs and expenses thereof, providing for the issuance of bonds, and to designate the area an Underground Utilities District; and c) Resolution No. 2002 - giving preliminary approval to the report of the Assessment Engineer, setting the time and place for a public hearing as January 28, 2003, and ordering the intention of assessment ballot procedure for Assessment District No. 70.; and 2) approve the Special Counsel agreement with Robert Hessell. 4. THE MARINE STUDIES CENTER: RESOLUTION REGARDING CONTRACT #P0180115 WITH THE CALIFORNIA DEPARTMENT OF FISH AND GAME FOR THE PLANNING AND DESIGN OF A MARINE STUDIES CENTER AT UPPER NEWPORT BAY ECOLOGICAL RESERVE; AND CONTRACTS FOR WETLANDS MAPPING /ASSESSMENT AND THE DEVELOPMENT OF AN INTERPRETATION PLAN FOR THE PROPOSED MARINE STUDIES CENTER. 1) Adopt Resolution No. 2002 - for the execution of Contract #P0180115 with the California Department of Fish and Game for the Planning and Design of a Marine Studies Center at Upper Newport Bay Ecological Reserve; and 2) authorize the Mayor to execute two sole - source contracts as follows: a) with Coastal Resources Management (Rick Ware) for Wetlands Mapping and Biological 2 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Assessment ($40,443); and b) with Nature Tourism Planning (Robert W. Garrison) for an Interpretive Plan (educational exhibits and related curriculum) ($25,000). CONTRACTS AND AGREEMENTS 5. OUTSOURCING OF BILL PRINTING AND MAILING FUNCTION. Authorize the City Manager to approve a Professional Services Agreement between the City and Optimal Print Technologies, and direct staff to proceed with further consolidation of bills and other mailings into the Municipal Services Statement over the next several months. 6. REAL PROPERTY LEASE FOR 709 E. BALBOA BOULEVARD AND UNITS 5 AND 6, 111 MAIN STREET (contd. from 11/12/02). Receive and file. 7. MARINERS, CHINA COVE AND 62ND STREET WASTEWATER PUMP STATION REHABILITATION - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH PBS &J. Approve a Professional Services Agreement with PBS &J, of Irvine, for engineering services at a contract price of $72,164 and authorize the Mayor and City Clerk to execute the Agreement. 8. ENCROACHMENT PERMIT NO. N2002 -0325 TO INSTALL A CURB OPENING ON THE SOUTHWESTERLY SIDE OF FINLEY AVENUE - 421 38TH STREET. Approve the Encroachment Permit. 9. GEOTECHNICAL AND SURVEY ON -CALL SERVICES - APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH HARRINGTON GEOTECHNICAL ENGINEERING, COAST SURVEYING, GUIDA SURVEYING AND BUSH AND ASSOCIATES. 1) Approve Professional Services Agreement with Harrington Geotechnical Engineering for on -call geotechnical services (C -3580) and authorize the Mayor and City Clerk to execute the Agreement; 2) approve a Professional Services Agreement with Coast Surveying (C -3581) for on- call professional surveying services and authorize the Mayor and City Clerk to execute the Agreement; 3) approve a Professional Services Agreement with Guida Surveying (C -3582) for on -call professional surveying services and authorize the Mayor and City Clerk to execute and Agreement; and 4) approve a Professional Services Agreement with Bush and Associates (C -3583) for on -call professional surveying services and authorize the Mayor and City Clerk to execute the Agreement. 10. BALBOA PIER AND WASHINGTON STREET RESTROOM REPLACEMENTS (C -3367) - COMPLETION AND ACCEPTANCE. 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 one year after City Council acceptance; and 5) approve a budget amendment (BA -024) transferring $24,673.12 from Account No. 7231- 2320621 to Account No. 7231- C5100567. 11. BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET (C -3428) - COMPLETION AND ACCEPTANCE. 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one year after City Council acceptance. 12. CITY FACILITY LIGHTING RETROFIT (C -3477) — COMPLETION AND ACCEPTANCE. 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 City Council acceptance. 13. BALBOA ISLAND BRIDGE BEAUTIFICATION (C -3375) — COMPLETION AND ACCEPTANCE. 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 City Council acceptance. 14. PROPOSED AMENDMENTS TO THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY S ( SJHTCA) JOINT POWERS AGREEMENT. Adopt amendments to the SJHTCA Joint Powers Agreement which will result in the following actions: a) provide authority to create a new, consolidated agency; b) establish a 21- member Board of Directors for the new agency; c) maintain the 2/3 quorum requirement; d) establish a supermajority voting requirement; e) provide for the administration of the Development Impact Fee Program; and f) apply the indemnity, arbitration, and third -party beneficiary provision of the existing JPA. MISCELLANEOUS ACTION 15. WITHDRAW FROM THE CENTRAL NET OPERATIONS AUTHORITY (CNOA). Direct the City Manager to notify the secretary of CNOA prior to December 31, 2002, that the City of Newport Beach intends to withdraw as a member of CNOA, effective September 30, 2003. 16. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR THE DISTINGUISHED SPEAKERS LECTURE SERIES. Approve a budget amendment (BA -023) in the amount of $20,500. 17. NOMINATION FROM ECONOMIC DEVELOPMENT COMMITTEE TO FILL EDC VACANCIES. 1) Reposition current Old Newport area representative Gregg Schwenk to member -at- large; 2) appoint John Blom as the Corona del Mar BID representative; and 3) appoint Brien Jeannette as the Old Newport Boulevard area representative. 18. PURCHASE OF SUNPRO FIRE INCIDENT REPORTING SOFTWARE. Approve the purchase of SUNPRO 5.0 Incident Reporting Software for use by the Fire Department to document medical and fire incidents. 19. ACCEPTANCE OF WEAPONS OF MASS DESTRUCTION (WMD) GRANT. 1) Accept Federal Emergency Management Agency WMD Grant for $11,888.38 in reimbursement for equipment purchases made by the Fire Department; and 2) approve a budget amendment (BA -025) appropriating $11,888.38 into Fire Department Operations Account 2320 -9300. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 and address 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 M. PUBLIC HEARINGS 20. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISES TO SOUTHERN CALIFORNIA ENVIRONMENTAL AND PROGRESSIVE LAND CLEARING, DBA THOMAS DEMOLITION. Action: 1) Conduct Public Hearing; and 2) Adopt Ordinance No. 2002 -25 granting Non - exclusive Solid Waste Franchises to Southern California Environmental and Progressive Land Clearing, dba Thomas Demolition. 21. VACATION OF PUBLIC RIGHT -OF -WAY ALONG PORT CHARLES PLACE, ADJOINING LOTS 26 THROUGH 35 OF TRACT NO. 6622. Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 2002 - ordering the vacation of six - feet of public right of way along Port Charles Place, and direct the City Clerk to have the resolution recorded by the Orange County Recorder. N. CURRENT BUSINESS 22. ADJUSTMENTS TO THE COMPENSATION OF THE CITY CLERK, CITY ATTORNEY AND CITY MANAGER. Action: Based on successful performance evaluations, adopt the three resolutions making changes to the total compensation packages. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 23. LEASE FOR AMERICAN LEGION POST 291, LOCATED AT 215 15TH STREET. Action: Approve lease and authorize the Mayor and City Clerk to execute the lease. 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 — 4:30 p.m., Tuesday, December 10, 2002 xxxxxxxx *� * * * * *xxxx C SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.