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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, December 17, 2002 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, 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:11www.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 December 17, 2002 STUDY SESSION - 4:30 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 - Mrs. Marianne McDaniel F. PRESENTATION Taste of Newport Grant Presentations. Proclamation recognizing Jerry King for his outstanding leadership and contributions in the area of water resources planning, management and urban runoff in Orange County. Proclamation for Environmental Nature Center. 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— 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 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 REGULAR MEETING OF NOVEMBER 26, 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. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2003 UNDER THE CITY'S CONFLICT OF INTEREST CODE. Adopt Resolution No. 2002 -_ adopting the 2003 Designated Employees List. CONTRACTS AND AGREEMENTS 4. PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM AVERY & ASSOCIATES. Approve agreement for January 1 through December 31, 2003 for $4,750 per month. 5. BALBOA VILLAGE IMPROVEMENTS PHASE I (C -3333) — 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 (1) year after Council acceptance. 6. STREET IMPROVEMENTS — MONROVIA AVENUE FROM 15TH TO 16TH STREET AND 16TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE (C -3471) — 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 (1) year after Council acceptance; and 5) approve a budget amendment (BA -029) appropriating $26,000 from the unappropriated balance of the Gas Tax Fund to Account No. 7181- C5100643. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. BUCK GULLY SEWER RELOCATION /SIPHON ABANDONMENT (C -3566) - 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 (1) year after Council acceptance. 8. NEWPORT BOULEVARDBALBOA BOULEVARD ROADWAY AND STORM DRAIN REHABILITATION - AWARD OF CONTRACT (C- 3373). 1) Approve the plans and specifications; 2) award the contract (C -3373) to Sully Miller Contracting Company for the total bid price of $1,767,365 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $176,735 to cover the cost of unforeseen work and materials testing. 9. TRAFFIC FLOW OPTIMIZATION PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH MEYER, MOHADDES ASSOCIATES, INC. Approve a professional services agreement with Meyer, Mohaddes Associates, Inc. of Anaheim for the Traffic Flow Optimization Project at a contract price of $235,760 and authorize the Mayor and the City Clerk to execute the agreement. 10. CORONA DEL MAR STATE BEACH IMPROVEMENTS - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH ROBBINS JORGENSEN CHRISTOPHER ARCHITECTS. 1) Approve Amendment No. 1 to Professional Services Agreement with Robbins Jorgensen Christopher Architects and authorize the Mayor and the City Clerk to execute the Amendment; 2) approve a budget amendment (BA -027) appropriating $365,535 in Division 7295 (Special Sources - Oil Spill Remediation) funds from interest and other oil spill projects to the Corona del Mar State Beach Improvements project (Account No. 7295- C5100569) as authorized by the American Trader Trustees on October 3, 2002; and 3) direct staff to appropriate any further investment earnings on remaining Oil Spill Remediation funds and any excess funds from completed oil spill projects to the Corona del Mar State Beach Improvements Project. MISCELLANEOUS ACTION 11. REAPPOINTMENT OF REPRESENTATIVE TO THE ORANGE COUNTY VECTOR CONTROL DISTRICT BOARD. Confirm Mayor Bromberg's reappointment of Dr. Virginia Barrett to the Orange County Vector Control District Board for a four -year term ending December 31, 2006. 12. REQUIRED REIMBURSEMENT OF LEGAL COSTS FOR ORANGE COUNTY LAFCO ASSOCIATED WITH A SIMPLE VOTE V. LAFCO OF ORANGE COUNTY. 1) Authorize the City Manager to pay Orange County LAFCO $20,865 to reimburse OC LAFCO for legal costs incurred by A Simple Vote v. LAFCO of Orange County; and 2) approve a budget amendment (BA -026) transferring $20,865 in unencumbered General Fund Reserves to the City Attorney's 8080 account. 13. APPROPRIATION OF $50,000 FROM THE AFFORDABLE HOUSING MITIGATION FUND TO CIP ACCOUNT #7014, C2700706 IN SUPPORT OF THE LOWER BAYVIEW AFFORDABLE SENIOR HOUSING PROJECT. Approve budget amendment (BA -028) to appropriate $50,000 from the Affordable Housing Mitigation Fund to Lower Bayview Affordable Senior Housing Project CIP. 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. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR DECEMBER 5, 2002. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. N. PUBLIC HEARINGS 15. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF VARIANCE NO. 2002 -007 AND MODIFICATION PERMIT NO. 2002 -103 (PA2002 -194). Action: 1) Conduct public hearing; and 2) Uphold or modify the decision of the Planning Commission to approve the Eckert project. 16. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING THE LEVYING OF ASSESSMENTS FOR FISCAL YEAR 2003. Action: 1) Hold public hearing regarding renewal of the Marine Avenue Business Improvement District; and 2) a. if protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2002 -_ confirming the Marine Avenue Business Improvement District Annual Report and levying the BID assessment for the 2003 fiscal year; or b. if protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the District. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 17. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2003. Action: 1) Hold public hearing regarding renewal of the Restaurant Association Business Improvement District; and 2) a. If protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2002 -_ confirming the Restaurant Association Business Improvement District Annual Report and levying the BID assessment for the 2003 fiscal year; or b. If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the District. O. CURRENT BUSINESS 18. VIRTUAL FAQ PRESENTATION [ORAL REPORT — NO ACTION]. P. 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. Q. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS