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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, August 12, 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 HOMER BLUDAU - City Manager, HARKLESS - City Clerk, STEPHEN WOOD - Assistant City Manager. Council Member RICHARD A. NICHOLS Council Member JOHN HEFFERNAN Council Member ROBERT BURNHAM - City Attorney, LAVONNE G. BADUM - Director of Public Works, SHARON Z. 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 12, 2003 - 4:00 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 annlicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Pastor Garth Gill, Calvary Chapel of Costa Mesa F. PRESENTATIONS Presentation of $144,000 by Newport Beach Library Foundation 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 of 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— 15) 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 MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JULY 22, 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. ORDINANCE FOR ADOPTION 3. GENERAL PLAN AMENDMENT NO. 2003 -003, LOCAL COASTAL PROGRAM AMENDMENT NO. 2003 -002, CODE AMENDMENT NO 2003 -005 (PA2003 -099) — LEGERE PROPERTY (813 EAST BALBOA BOULEVARD). Adopt Ordinance No. 2003 -14. RESOLUTIONS FOR ADOPTION 4. ADOPTION OF RECORDS RETENTION SCHEDULE AND AUTHORIZATION FOR DESTRUCTION OF CERTAIN CITY RECORDS. Adopt Resolution No. 2003 - adopting a records retention schedule and authorizing the destruction of certain City records. 5. MASTER FEE RESOLUTION. Adopt Resolution No. 2003 - updating the Master Fee Schedule. 6. INTERIM FUNDING REIMBURSEMENT AUTHORIZATION FOR PROSPECTIVE CITY HALL, FIRE STATION AND PARKING STRUCTURE PROJECT. Adopt Resolution No. 2003 - to enable reimbursement of interim expenditures from proceeds of a possible future debt issuance. 7. POLICY REGARDING CITY PAYMENT OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) MEMBER CONTRIBUTIONS FOR SEASONAL LIFEGUARD AND PART -TIME EMPLOYEES. Adopt Resolution No. 2003 - setting labor policy regarding the employer paid member contribution to PERS for seasonal lifeguard and part -time employees. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 8. ASSIGNMENT OF CONSOLIDATED DISPOSAL SERVICE NON - EXCLUSIVE SOLID WASTE FRANCHISE AGREEMENT. 1) Adopt Resolution No. 2003 - assigning the City franchise agreement with Consolidated Disposal Service, L.L.C. to Republic Services, Inc., dba Briggeman Disposal, L.L.C., Consolidated Disposal Service, L.L.C., and Taormina Industries, L.L.C.; and 2) approve the Agreement to Assign the Consolidated Disposal Service, L.L.C. Non - exclusive Solid Waste Franchise Agreement to Republic Services, Inc., dba Briggeman Disposal, L.L.C., Consolidated Disposal Service, L.L.C., and Taormina Industries, L.L.C. CONTRACTS AND AGREEMENTS 9. NEWPORT BEACH CONFERENCE AND VISITOR'S BUREAU ( NBCVB) AGREEMENT — EXTENSION. Approve the proposed amendment to the agreement with the NBCVB extending the expiration to February 29, 2004 and providing for the UTOT portion of their funding be paid at the end of the six month extension. 10. PACIFIC COAST HIGHWAY PARKWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH PENCO ENGINEERING, INC. Approve a Professional Services Agreement with Penco Engineering, Inc. for $39,629 and authorize the Mayor and the City Clerk to execute the Agreement. 11. HARBOR VIEW NATURE PARK SLOPE REPAIR — AWARD OF CONTRACT (C- 3567). 1) Approve the plans and specifications; 2) affirm the Categorical Exemption; 3) award the contract (C -3567) to Popular Paver Rental for the total bid amount of $97,645 and authorize the Mayor and the City Clerk to execute the contract; and 4) establish an amount of $20,000 to cover the cost of unforeseen work. 12. ENCROACHMENT PERMIT NO. N2003 -0272 TO ALLOW THE EXISTING CURB OPENING ON THE NORTHERLY SIDE OF WATERFRONT DRIVE TO REMAIN. Approve Encroachment Permit No. N2003 -0272. 13. 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM COST SHARING AGREEMENT. 1) Approve the terms of the Amendment to the Joint Agreement for the Implementation and Operation of the Orange County 800 MHz Countywide Coordinated Communications System and authorize the Mayor and City Clerk to execute two copies of the Joint Agreement Amendment for processing through the County Clerk of the Board; and 2) approve a budget amendment (BA -005) transferring $140,496 from General Fund Reserves into designated expenditure accounts in the Fire, Police and Public Works Departments. MISCELLANEOUS ACTIONS 14. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR MAINTENANCE & OPERATIONS BUDGETS FOR FY 2003/04. Approve budget amendment (BA -004) in the amount of $144,507. 15. REASSIGNMENT OF POSITIONS ON ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE. 1) Approve Environmental Quality Affairs Committee (EQAC) recommendation to reassign Cris Trapp from the District 6 at -large position to the environmental expertise position; and 2) reassign Council Member Webb's SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. appointees so that Chris Welsh is the District 3 appointee and Richard Rivett is the at -large appointee. 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. 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 16. PLANNING COMMISSION AGENDA FOR AUGUST 7, 2003 [Meeting cancelled due to lack of business]. N. PUBLIC HEARING 17. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: PUBLIC HEARING FOR RENEWAL OF THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT FOR THE 2003 -2004 FISCAL YEAR AND ADOPTION OF RESOLUTION OF CONFIRMATION. Action: 1) Conduct public hearing regarding the renewal of the Corona del Mar Business Improvement District; and a) If protests represent less than 50 percent of the total assessment amount adopt Resolution of Confirmation No. 2003-_; OR b) If protests represent 50 percent or more of the total assessment abandon the proceedings to renew the District; 2) Confirm BID Advisory Committee. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 18. GENERAL PLAN AMENDMENT 2003 -04, PA 2003 -130 — NEGATIVE DECLARATION AND ADOPTION OF UPDATED HOUSING ELEMENT. Action: 1) Conduct public hearing; and 2) Certify the proposed Negative Declaration and adopt Resolution No. 2003 - approving the Housing Element. O. CURRENT BUSINESS 19. 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. 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. N SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.