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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, October 22, 2002 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR STEVEN BROMBERG GARY ADAMS Mayor Pro Tern Council Member GARY L. PROCTOR Council Member NORMA J. GLOVER 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 October 22, 2002 STUDY SESSION - 5:30 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 - Reverend Dr. John Huffman, Jr., Saint Andrews Presbyterian Church F. PRESENTATION Proclamation giving special recognition to Donald H. Glasgow for his service and dedication to the City of Newport Beach and the village of Corona del Mar. 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— 16) 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 MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR, MEETING OF OCTOBER 8, 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. ORDINANCE FOR INTRODUCTION 3. PLANNING DEPARTMENT FEE SCHEDULE UPDATE. Introduce Ordinance No. 2002 - Amending Exhibit "A" of Chapter 3.36 of the NBMC Pertaining to the Percentage of Cost Recovery for Planning Department Fees. CONTRACTS AND AGREEMENTS 4. ENTER INTO THE BEACHES OF SOUTHERN CALIFORNIA COALITION AGREEMENT #001. Enter into the Beaches of Southern California Coalition Agreement #001, which would allow the City to entertain a new lifeguard vehicle licensing agreement or other similar arrangement whereby the City would receive money, goods or services in exchange for marketing opportunities in the beach environment. 5. JAMBOREE ROAD/MACARTHUR BOULEVARD COOPERATIVE AGREEMENT WITH THE CITY OF IRVINE. Approve the Cooperative Agreement between the City of Newport Beach and the City of Irvine for the construction of the improvements at Jamboree Road and MacArthur Boulevard and authorize the Mayor and City Clerk to execute the Agreement. 6. NEWPORT CENTER FIRE STATION NO. 3 MECHANICAL UPGRADE AND RESTROOM ADDITION (C -3385) — 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 Council acceptance. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION — AWARD OF CONTRACT (C- 3505). 1) Approve the plans and specifications; 2) award a contract (C -3505) to Brongo Construction for the total bid price of $64,650 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $6,500 to cover the cost of unforeseen work. MISCELLANEOUS ACTIONS 8. HUMAN SERVICES GRANTS FOR 2002 -2003. Authorize the distribution of grants totaling $25,000 from Fund #010 -20- 0100 -8254 to various Human Services organizations that serve the Newport Beach community. 9. PURCHASE OF REPLACEMENT VEHICLE. 1) Approve the purchase of a replacement police patrol vehicle, associated equipment, and setup costs in the amount of $29,800; and 2) approve a budget amendment (BA -020) transferring $29,800 from the unappropriated balance of the Equipment Replacement Fund to Account No. 6120 -9100. 10. ADOPTION OF A PROGRAM FOR DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS FOR FEDERAL FISCAL YEAR 2002- 2003. 1) Approve the DBE Program for the City of Newport Beach for Federal Fiscal Year beginning October 1, 2002 and ending September 30, 2003; and 2) authorize the Public Works Director to submit the approved DBE Program to Caltrans staff. 11. LIVE SCAN FINGERPRINT SYSTEMS PURCHASE. 1) Approve purchase of two replacement Live Scan Fingerprint Systems from "Identix" with the specified equipment, software, services, and extended maintenance as outlined in the staff report; and 2) approve funding for specified equipment, software, and services for a three -year period through the City of Newport Beach "Lease Purchase Consolidation" program as directed by the Administrative Services Department. 12. CITY S SUPPORT FOR PROPOSITION 50 (WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002). Authorize the Mayor to issue a letter to the proponents of Proposition 50 stating the City of Newport Beach's formal support of Proposition 50. 13. APPOINTMENT OF ECONOMIC DEVELOPMENT COMMITTEE (EDC) REPRESENTATIVE TO GENERAL PLAN UPDATE COMMITTEE. Confirm Mayor's appointment of Robert Dunham. 14. CORONA DEL MAR CROSSWALK UPDATE. Receive and file 15. CITY COMMUNICATION SUMMARY. Direct the City Manager, through the PIO, to routinely update the City Council as to new technologies that may continually improve city government's ability to effectively provide public information to residents, visitors, and businesses. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 16. PLANNING COMMISSION AGENDA FOR OCTOBER 17, 2002. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. N. PUBLIC HEARINGS 17. CODE AMENDMENT NO. 2002 -005 (PA2002 -161) BALBOA VILLAGE DESIGN GUIDELINES (contd. from 9/24/02). Action: 1) Conduct public hearing; 2) Introduce Ordinance No. 2002 -_ (CA 2002 -005) and pass to second reading on November 12, 2002. 18. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO TIM GREENLEAF ENGINEERING. Action: 1) Conduct public hearing; and 2) Adopt Ordinance No. 2002 -25 granting a Non - Exclusive Solid Waste Franchise to Tim Greenleaf Engineering and pass to second reading on November 12, 2002. 19. INVOLUNTARY TERMINATION OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE WITH OCEAN WASTE AND RECYCLING, LLC. Action: 1) Conduct public hearing; and 2) At the conclusion of the public hearing, adopt Resolution No. 2002 - terminating the Non - Exclusive Solid Waste Franchise between Ocean Waste and Recycling, LLC and the City of Newport Beach. O. CONTINUED BUSINESS 20. UNSCHEDULED VACANCIES ON THE CITY ARTS COMMISSION. Action: Appoint two of the four nominees (Dennis Baker, Wendy Brooks, Ellen Liefer, and Kirwin Rockefeller) to fill the two vacancies on the City Arts Commission, which were created as a result of the resignations of Pamela Nestande and Jeffrey Gould. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS P. CURRENT BUSINESS 21. VACATION OF PUBLIC STREET RIGHT -OF -WAY ALONG PORT CHARLES PLACE, ADJOINING LOTS 26 THROUGH 35 OF TRACT NO. 6622. 1) Adopt Resolution No. 2002 -_ declaring the City's intention to vacate and abandon a 6- foot wide strip of right -of -way and accepting a map showing the right of way to be vacated; and 2) set November 26, 2002 as the date for the public hearing concerning the intended vacation. 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. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA - REGULAR MEETING OCTOBER 22, 2002 CONSENT CALENDAR S22. CITYWIDE TELEPHONE SURVEY RESULTS. Receive and File.