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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, August 26, 2003 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 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 August 26, 2003 STUDY SESSION - 4:00 p.n1 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 - Patrick Thompson, Assistant to the Pastor. Presbyterian Church of the Covenant, Costa Mesa F. PRESENTATIONS Presentation of Arts Grants. 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— 11) 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 haue receiued 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 uotes on the motion unless members of the Council, staff or the public request specific items to be discussed and /or remoued front 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 inuitation by the Mayor, state their name and Consent Calendar Item number, and place the sign -in card in the boxprouided at the podium. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF AUGUST 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. RESOLUTIONS FOR ADOPTION 3. ESTABLISHMENT OF A CITY COUNCIL AD HOC COMMITTEE TO: (A) EVALUATE THE LEGAL SERVICES PROVIDED BY THE CITY ATTORNEY'S; (B) MAKE RECOMMENDATIONS REGARDING THE SCOPE OF DESIRED SERVICES AND THE PROCESS OF FILLING THE POSITION OF CITY ATTORNEY; AND (C) DDISCUSS MODIFICATIONS OF THE CURRENT AGREEMENT BETWEEN THE CITY AND THE CITY ATTORNEY. Adopt Resolution No. 2003 - creating the City Council Ad Hoc Legal Services Committee and designate Mayor Bromberg, Mayor Pro Tern Ridgeway and Council Member Heffernan to the committee. 4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO EZ DISPOSAL. 1) Adopt Resolution of Intention No. 2003 - to award a Non- exclusive Solid Waste Franchise to EZ Disposal and schedule a public hearing for September 9, 2003; and 2) introduce Ordinance No. 2003 - granting a Non- exclusive Solid Waste Franchise to EZ Disposal and pass to second reading on September 9, 2003. CONTRACTS AND AGREEMENTS 5. AUTOMATIC AID AGREEMENT FOR FIRE, RESCUE AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF COSTA MESA. Approve the agreement and authorize the Mayor to execute the agreement. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 6. APPROVAL OF TASTE OF NEWPORT BANNERS - ENCROACHMENT PERMIT N2003 -0285. Conditionally approve the request of the Newport Harbor Area Chamber of Commerce for the installation of 217 banners from August 27, 2003 to September 23, 2003 for the annual Taste of Newport. NEWPORT ELEMENTARY SCHOOL PLAYGROUND RESURFACING - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3618). 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. BACK BAY SCIENCE CENTER - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RON YEO, FAIA ARCHITECT, INC. 1) Approve a final design Professional Services Agreement with Ron Yee, FAIA Architect, Inc. for $363,000 and authorize the Mayor and the City Clerk to execute the Agreement; and 2) approve a budget amendment (BA -006) establishing a contribution account in the amount of $153,000 for the California Department of Fish and Game Federal grant funds in Account No. 7251- C0310600. 9. APPROVAL OF ENCROACHMENT PERMIT NUMBER N2003 -0295 TO ALLOW A CURB CUT IN SECOND AVENUE ADJACENT TO 428 ORCHID AVENUE. 1) Approve the request to allow a drive approach to a two -car garage on the southerly side of Second Avenue; and 2) direct staff to revise the corner lot exception to Council Policy L -2.C. 10. NEWPORT HEIGHTS /CLIFF HAVEN NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH KATZ, OKITSU & ASSOCIATES. Approve a Professional Services Agreement with Katz, Okitsu & Associates of Tustin for preparing the Newport Heights /Cliff Haven Neighborhood Traffic Management Program (NTMP) at a contract price of $84,990 and authorize the Mayor and City Clerk to execute the Agreement. 11. MEMORANDUM OF UNDERSTANDING (MOU) WITH PART -TIME UNIT, UPEC, LOCAL 777. Approve MOU. 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 for the record. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 Status report — Newport Coast Advisory Committee Status report -- Mariners Joint Use Library Ad Hoc Steering Committee Status report — Other Committee Activities M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 12. PLANNING COMMISSION AGENDA FOR AUGUST 21, 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. N. PUBLIC HEARING 13. LOCAL COASTAL PROGRAM LAND USE PLAN AMENDMENT NO. 2003 -003 FOR 1150 GRANVILLE AVENUE (PA2001 -161). Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 2003 - to approve Local Coastal Program Amendment No. 2003 -003. O. CONTINUED BUSINESS 14. ESTABLISHMENT OF A CITY COUNCIL AD HOC COMMITTEE TO CREATE A COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE FRIENDS OF OASIS WITH THE APPOINTMENT OF TWO (2) COUNCIL MEMBERS BY THE MAYOR. Action: 1) Adopt Resolution No. 2003 -_ creating the Ad Hoc OASIS Cooperative Agreement Committee; and 2) Confirm the Mayor's appointment of two Council Members to serve on the committee. P. CURRENT BUSINESS 15. ANALYSIS OF POLICE OPERATIONS — JULY 4, 2003. Action: Review the contents of the staff report and a short videotape recapping the day's events and provide staff direction on those areas of focus, if any, Council would like brought back for possible implementation prior to July 4, 2004. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 cxxxxxxxxxxxxxxxxxxa SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.