HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, September 23 2003
Regular Council Meeting
STEVEN BROMBERG
MAYOR
TOD W. RIDGEWAY
Mayor Pro Tern
GARY L. PROCTOR
Council Member
DON WEBB
Council Member
7:00 p.m.
GARY ADAMS
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
September 23, 2003
STUDY SESSION — 4:00 p.m
CLOSED SESSION — [Refer to separate agenda from City Attorney]
RECESS
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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 — Brownie Parker, Bishop of the Newport Beach Pt Ward, Church of Jesus
Christ of Latter -Day Saints.
F. PRESENTATIONS
Eagle Scout Recognition.
Presentation of Thermoplaques to outgoing Board & Commission members.
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.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under CONSENT CALENDAR (I — 4) 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 on. 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 ADJOURNED REGULAR AND REGULAR MEETING OF
SEPTEMBER 9, 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.
CONTRACTS AND AGREEMENTS
APPROVAL OF A COOPERATIVE AGREEMENT BETWEEN THE CITY
COUNCIL, BOARD OF LIBRARY TRUSTEES AND LIBRARY FOUNDATION.
Approve the Cooperative Agreement between the City Council. Board of Library
Trustees and the Library Foundation.
4. BIG CANYON RESERVOIR LANDSCAPE AND SITE IMPROVEMENTS —
AWARD OF CONTRACT (C -3599) AND STATUS REPORT FOR THE BIG
CANYON RESERVOIR COVERING AND DISINFECTION FACILITIES.
1) Approve the plans and specifications for the Big Canyon Reservoir Landscape and
Site Improvements; 2) award the contract (C•3599) to Mega Way Enterprise for the
total bid price of $283,995 and authorize the Mayor and the City Clerk to execute the
contract; and 3) receive and file status report for the Big Canyon Reservoir Covering
and Disinfection Improvements.
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
5. PLANNING COMMISSION AGENDA FOR SEPTEMBER 18, 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
6. CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT
(CAPER) FOR PROGRAM YEAR 2002 -2003.
Action: 1) Conduct public hearing; and
2) Approve the FY 2002 -2003 CAPER and direct staff to submit
the documents to all appropriate parties.
O. CURRENT BUSINESS
7. LETTER OF RESIGNATION SUBMITTED BY COUNCIL MEMBER
PROCTOR AND THE OPTIONS AVAILABLE TO THE CITY COUNCIL FOR
FILLING THE VACANCY IN DISTRICT 2.
Action: The City Clerk and City Attorney recommend that:
1J The City Council declare the office currently held by Council
Member Proctor to be vacant on September 30, 2003, the
effective date specified in the letter of resignation; and
2) The City Council establish a process leading to the
appointment of a successor on or before October 29, 2003 as
required by Section 403 of the City Charter.
8. PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL
COMPLIANCE INSPECTION SERVICES (ECIS) FOR GREASE
INTERCEPTOR INSPECTIONS, GREASE BMP INSPECTIONS AND STORM -
WATER BMP INSPECTIONS.
Action: Approve Professional Services Agreement with ECIS for the contract
price of $46,000 and authorize the Mayor and the City Clerk to
execute the agreement.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
9. COUNCIL CONSIDERATION OF UPPER CASTAWAYS PARK VEGETATION
OPTIONS AND THE POTENTIAL UTILIZATION OF GRANT FUNDING.
Action: As this is a policy question, staff will make no recommendation.
10. PRELIMINARY REPORT OF THE CITY COUNCIL AD HOC LEGAL
SERVICES COMMITTEE RELATIVE TO: (A) THE PROCESS FOR
SELECTING A SUCCESSOR TO THE CITY ATTORNEY; AND
(B) RECOMMENDED MODIFICATIONS TO THE CURRENT AGREEMENT
BETWEEN T HE CITY AND THE CITY ATTORNEY.
Action: Accept the recommendations relative to: (a) the process for selecting a
successor to the current City Attorney: and (b) authorize the Mayor to
execute modifications to the current employment agreement between
the City and the City Attorney as specified in the staff report and
after review of the amendments by independent counsel.
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
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SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.