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.