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HomeMy WebLinkAbout0 - AgendaNEWPORT BEACH CITY COUNCIL AGENDA November 9, 1998 CLOSED SESSION [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED (If applicable) RECESS RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Pledge of Allegiance. Invocation by Tom Gazsi, Detective, Newport Beach Police Department. Update from Supervisor Wilson. Presentation of the Certificate of Achievement for Excellence in Financial Reporting for the City's 1996 -97 Comprehensive Annual Financial Report and the Distinguished Budget Presentation Award for the City's 1997 -98 Budget, from the Government Finance Officers Association (GFOA) of the United States and Canada, to Dick Kurth, Acting Administrative Services Director. IF YOU WISH TO ADDRESS THE COUNCIL. PLEASE FILL OUT THE YELLOW SIGN -IN CARD AND PLACE IT IN THE BOX AT THE PODIUM. 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. BELL/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 - 18) 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 rw 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 26, 1998 AND ADJOURNED REGULAR MEETING OF OCTOBER 29, 1998. 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(S) FOR INTRODUCTION 3. ADOPT ORDINANCE NO. 98 -24 AMENDING CHAPTER 17.22 OF THE NBMC, ANCHORAGE AND MOORING REGULATIONS, REGARDING INOPERABLE AND UNSEAWORTHY VESSELS ON OFFSHORE MOORINGS. Adopt ordinance. RESOLUTIONS) FOR ADOPTIONS 4. ADOPT RESOLUTION NO. 98-_ ESTABLISHING NO PARKING RESTRICTIONS FOR STREET SWEEPING FROM 8:30 A.M. TO 12:30 P.M. ON HILARIA WAY AND PATRICE ROAD. 5. ADOPT RESOLUTION NO. 98-_ REQUIRING TRAFFIC ON 11TH STREET AND 13TH STREET TO STOP AT THE INTERSECTION OF WEST BAY AVENUE. 6. TERMINATION AND ASSIGNMENT OF NON - EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISES. a) Adopt Resolution No. 98 -_ terminating the commercial solid waste franchise agreement between the City of Newport Beach and Western Waste Industries and assign the City's franchise agreement with Waste Management of Orange County, Inc. to Waste Management of Orange County, Inc., a Division of Waste Management Collection and Recycling, Inc; and b) approve the agreement to terminate and surrender the commercial solid waste collection franchise agreement between the City of Newport Beach and Western Waste, and to assign the Waste Management of Orange County Franchise to Waste Management of Orange County, Inc., a Division of Waste Management Collection and Recycling, Inc. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. COOPERATIVE AGREEMENTS - UPPER NEWPORT BAY AND SAN DIEGO CREEK WATERSHED. a) Adopt Resolution No. 98-_ approving the 2 "d Amendment to the Cooperative Agreement on the San Diego Creek/Upper Newport Bay Watershed and entering into a new Cooperative Agreement entitled Newport Bay /San Diego Creek Watershed Sediment Control Monitoring and In- Channel Maintenance Program; and b) authorize the Mayor, on behalf of the City Council, to execute both the Second Amendment and the new Cooperative Agreement. 8. VACATION AND ABANDONMENT OF PORTIONS OF UNUSED RIGHT -OF -WAYS ALONG THE EASTERLY SIDE OF JAMBOREE ROAD AND THE NORTHERLY SIDE OF FORD ROAD ADJACENT TO THE FORD/LORAL DEVELOPMENT. Adopt Resolution No. 98- declaring the City's intention to vacate portions of right -of -ways along Jamboree Road and Ford Road; accepting a map showing the easements to be vacated; and setting December 14, 1998, as the date for the public hearing concerning the intended vacation. 9. ADOPT RESOLUTION NO. 98- AUTHORIZING AN AMENDMENT TO CORRECT AN ERROR IN THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH. CONTRACTS AND AGREEMENTS 10. STORM DRAIN MASTER PLAN - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT. Approve a Professional Services Agreement with John M. Tettemer & Associates of Costa Mesa for professional engineering services for a contract price of $153,906 (firm employs former City employees); and authorize a Budget Amendment (BA -019) to transfer $53,906 from Account No. 7012- C5100008, Storm Drain Improvement Project, to Account No. 7012-05100452, Storm Drain Master Plan. 11. 32ND STREET AND NEWPORT BOULEVARD IMPROVEMENTS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT. Approve a Professional Services Agreement with Dewan, Lundin & Associates of Garden Grove for professional engineering services for a contract price of $34,290. 12. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR MACARTHUR BOULEVARD REHABILITATION FROM JAMBOREE ROAD TO CAMPUS DRIVE (C- 3240). Approve a Professional Services Agreement with KFM Engineering, Inc. of Irvine for professional engineering services for a contract price of $37,275. 13. NEWPORT BOULEVARD AND COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS (C- 2886). Approve Amendment No. 2 to the Cooperation and Reimbursement Agreement with the County Sanitation Districts of Orange County for constructing sewer improvements with the Arches Interchange Project and authorize the Mayor and City Clerk to execute Amendment No. 2; and authorize a budget amendment (BA -020) to adjust revenue to the Contribution Fund in the amount of $803,303 and appropriate the same amount in Account No. 7251- C5100199. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 14. LEASE AGREEMENT WITH SCHOCK BOATS AND THE CITY OF NEWPORT BEACH. Approve the agreement between the City and Schock Boats for the use of the dock bayward of the 29th Street end; and approve the amended City Council Policy I -2, Instructional Recreation Activities. 15. MEMORANDUM OF UNDERSTANDING (MOU) - NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION. Approve the MOU between the City and the Newport Beach Professional & Technical Employees for the period from July 1, 1998 to June 30, 2001. MISCELLANEOUS ACTIONS 16. PLANNING COMMISSION AGENDA FOR NOVEMBER 5, 1998. Receive and file. 17. PARKING METER PROGRAM STATUS REPORT. Receive and file. 18. APPROVE BUDGET AMENDMENT (BA -018) TO APPROPRIATE THE $3800 GRANT RECEIPT FROM THE CALIFORNIA STATE LIBRARY FAMILIES FOR LITERACY. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR 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. CONTINUED BUSINESS 19. 90 -DAY REVIEW OF BUDGET CHECKLIST. Action: Review the Budget Checklist items and take appropriate action. 20. PROPOSAL FOR A PERMANENT JUNIOR LIFEGUARD TRAINING AND COMMUNITY CENTER. Action: a) Direct staff to continue to explore the feasibility of constructing a permanent Junior Lifeguard /Community Center near Balboa Park through a joint public /private fund - raising program; or b) Provide staff with alternate direction; or C) Receive and file staff report. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. CURRENT BUSINESS 21. PARTICIPATION IN THE SANTA ANA RIVER CROSSINGS (SARK) STUDY POLICY ADVISORY COMMITTEE AND APPOINTMENT OF ONE COUNCIL MEMBER TO REPRESENT THE CITY OF NEWPORT BEACH ON THE COMMITTEE. Action: a) Approve the City's participation in the Santa Ana River Crossings (SARX) Study Policy Advisory Committee; and b) Appoint one (1) Council Member to represent the City on the committee. 22. POLICE DEPARTMENT REVIEW. Action: a) Direct staff to submit Chief McDonell's report within the next 30 days for City Council review and follow -up action as deemed appropriate; or b) Authorize the Acting City Manager to prepare a Request for Proposal (RFP) to retain'a consultant to perform an independent review of procedures used by the Police Department to investigate incidents with potential City liability. 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. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.