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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, February 13, 2001 Regular Council Meeting - 7:00 p.m. GARY ADAMS MAYOR TOD W. RIDGEWAY STEVEN BROMBERG Mayor Pro Tern GARY L. PROCTOR Council Member NORMA J. GLOVER Council Member Council Member DENNIS D. O'NEIL Council Member JOHN HEFFERNAN Council Member HOMER BLUDAU - City Manager, ROBERT BURNHAM - City Attorney, LAVONNE HARKLESS - City Clerk, DON WEBB - 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, address, 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 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. NEWPORT BEACH CITY COUNCIL AGENDA February 13, 2001 STUDY SESSION — 4:00 p.m. CLOSED SESSION — [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED RECESS RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Pledge of Allegiance. Invocation by Mrs. Marianne McDaniel. IF YOU WISH TO ADDRESS THE COUNCIL, PLEASE FILL OUT THE YELLOW SIGN -IN CARD AND PLACE IT IN THE BOX AT THE PODIUM. 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 (1— 16) 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 front the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar iteln should come forward to the lectern upon invitation by the Mayor, state their nalne and Consent Calendar Item number, and place the sign -in card in the box provided of the podium. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JANUARY 23, 2001, THE ADJOURNED REGULAR MEETING OF JANUARY 27, 2001 AND THE SPECIAL MEETING OF FEBRUARY 2, 2001. 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. RECONFIRMATION OF PARS SUPPLEMENTAL RETIREMENT PLAN. Adopt Resolution No. 2001 reconfirming the City's participation in the subject plan. 4. EXTENSION OF TERM OF AFFORDABLE HOUSING TASK FORCE. Adopt Resolution No. 2001 -_ extending the term of the Affordable Housing Task Force. ORDINANCE FOR INTRODUCTION 5. WEED AND RUBBISH ABATEMENT MUNICIPAL CODE CHANGE. Introduce Ordinance No. 2001 - amending Chapter 10.48 of Title 10 of the NBMC pertaining to weed and rubbish abatement and pass to second reading on February 27, 2001. CONTRACTS AND AGREEMENTS 6. BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS - AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH DMc ENGINEERING. 1) Approve Amendment No. 2 to the Professional Services Agreement with DMc Engineering for $9,800; and 2) authorize the Mayor and the City Clerk to execute Amendment No. 2 to the agreement. IMPLEMENTATION OF AN INTERACTIVE VOICE RESPONSE SYSTEM. Direct the City Manager to sign the contractual agreement with Tele -Works Incorporated for installation of an Interactive Voice Response System in the amount of $105,595. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 8. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH MEC ANALYTICAL SYSTEMS, INC. Approve an amendment to Professional Services Agreement with MEC Analytical Systems, Inc. for $23,241. 9. PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF THE DOVER DRIVE 36 -INCH ZONE II WATER MAIN REPLACEMENT AND STREET REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY (C- 3394). Authorize the Mayor and the City Clerk to execute a Professional Services Agreement with AKM Consulting Engineers (AKM) for $64,278 to prepare plans and specifications for the construction of 1,500 feet of 36- inch and 24 -inch water transmission main in Dover Drive and the street rehabilitation from Cliff Drive to West Coast Highway. MISCELLANEOUS ACTIONS 10. PLANNING COMMISSION AGENDA FOR FEBRUARY 8, 2001. Receive and file. 11. UNSCHEDULED VACANCY ON THE CIVIL SERVICE BOARD AND VACANCY ON THE ORANGE COUNTY VECTOR CONTROL DISTRICT BOARD. Confirm the Ad Hoc Appointments Committee nomination of Marilee Jackson and Bert Carson to fill the unscheduled vacancy (term expires 6/30/05) and schedule the appointment to be made on February 27, 2001; and direct the Ad Hoc Appointments Committee to review and conduct interviews for the vacancy on the Orange County Vector Control District Board (City of Newport Beach representative). 12. ADOPTION OF DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR FEDERAL FY 2001 -02. 1) Approve the DBE Program for the City of Newport Beach for federal fiscal year beginning October 1, 2000 and ending September 3, 2001; and 2) authorize the Public Works Director to sign the policy. 13. AMENDMENT TO CITY'S 2001 LEGISLATIVE PLATFORM. Amend the City's Legislative Platform for 2001 reflecting a change to Section Five relating to Aviation. 14. REQUEST FOR ASSISTANCE FROM NEWPORT BEACH FILM FESTIVAL. Approve a budget amendment (BA -027) transferring $30,000 from General Fund unappropriated surplus to the Economic Development special department expense account, and approve assistance to the Film Festival in that amount. 15. FUNDING FOR DEFERRED LANDFILL EXPENDITURES FROM FEBRUARY 1998 STORMS. Approve a budget amendment (BA -026) for $75,347.69 payable to the County of Orange for deferred landfill disposal fees. 16. TRANSFER FUNDS FROM PACIFIC LIFE FOUNDATION AND THE EMERGENCY MANAGEMENT ASSISTANCE GRANT PROGRAM TO FIRE DEPARTMENT DISASTER PREPAREDNESS. Approve a budget amendment (BA -029) in the amount of $15,303, transferring grant funds from Pacific Life Foundation and the Emergency Management Assistance Grant Program to the Fire Department for Disaster Preparedness. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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. PUBLIC HEARINGS 17. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO CST ENVIRONMENTAL, INC. (contd. from 1/9/01). Action: 1) Conduct public hearing; and 2) Adopt Ordinance No. 2001 -1 granting a Non - exclusive Solid Waste Franchise to CST Environmental, Inc. 18. PLANNING DIRECTOR'S USE PERMIT NO. 69, ACCESSORY OUTDOOR DINING PERMIT NO. 76 - EXPANSION OF AN EXISTING FULL SERVICE SMALL SCALE EATING AND DRINKING ESTABLISHMENT INTO A NEIGHBORING TENANT SPACE, INCREASING THE INTERIOR SEATING FROM 12 SEATS TO 21 SEATS, INCREASING THE EXTERIOR SEATING FROM 8 TO 12 SEATS AND PROVIDING SEPARATE GENDER RESTROOMS [2801 EAST COAST HIGHWAY] (contd. from 1/9/01 & 1/23/01). Action: 1) Conduct continued public hearing; and 2) Approve, modify or deny the appeal and the project. 19. USE PERMIT 3626 (BUZZ) REVOCATION APPEAL (ERIC RAMESON AND HOSPITALITY MANAGEMENT GROUP, APPLICANT /APPELLANT) - 3450 VIA OPORTO - AN APPEAL BY THE APPLICANT OF THE PLANNING COMMISSION'S REVOCATION OF USE PERMIT 3626 (contd. from 12/12/00 & 1/23/01). Action: 1) Conduct public hearing; and 2) Uphold or reverse the decision of the Planning Commission to revoke Use Permit 3626. CONTINUED BUSINESS 20. APPOINTMENTS TO ENVIRONMENTAL QUALITY CITIZENS AFFAIRS COMMITTEE. Action: Appoint members from each City Council District, and confirm the appointments recommended by EQAC. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 21. MARGUERITE AVENUE AT SANDCASTLE DRIVE SIGHT DISTANCE. Action: 1) Select Option A to increase sight distance at the intersection of Marguerite Avenue and Sandcastle Drive and monitor the results. If the results are unsatisfactory implement Option B and then Option C if necessary. Option A: Remove plants (other than groundcover) from the existing viewshed looking from Sandcastle Drive to the north and stripe a right- turn -only lane on northbound Marguerite Avenue. Option B: Remodel entry wall pilaster in addition to all the work in Option A. Option C: Construct approximately 50 feet of 3 — 4 foot high retaining wall, relocate the street light to behind the right -of -way, in addition to the work in Options A and B. 2) Direct staff to pursue the selected option with all affected property owners and the Harbor View Hills South Homeowners Association. CURRENT BUSINESS 22. CONSIDERATION OF CITY MANAGER'S RECOMMENDATION TO AUTHORIZE, RECRUIT AND FILL PUBLIC INFORMATION OFFICER POSITION. Action: Authorize a Public Information Officer position with a salary range of $54,996 - $77,388, and that recruitment for the position be initiated in order to participate in planning and community outreach for the General Plan update process. 23. BUDGET AMENDMENT TO FUND THE OPERATION OF A TEMPORARY FIRE STATION IN NORTH NEWPORT BEACH. Action: 1) Ratify the decision of the City Manager to establish a temporary fire station to serve the airport area of Newport Beach; 2) Approve a budget amendment (BA -028) in the amount of up to $608,860 to fund the development and operation of a temporary fire station to serve the airport area of Newport Beach and the unincorporated area known as Santa Ana Heights for the remainder of the 2000/2001 fiscal year; 3) Authorize the City Manager to negotiate and execute a right -of -entry agreement with the owner and /or tenant/lessee for the use of the parking area at 2101 Dove Street for an interim station location; 4) Direct staff to work with the County of Orange and other property owners in the Santa Ana Heights /Airport Area to investigate locations for a permanent station location; and 5) Direct staff to work with the County of Orange and the Orange County Fire Authority to examine ways to compensate the City for the provision of services to the Santa Ana Heights region to assure partial cost recovery of the budget amendment. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. MOTION FOR RECONSIDERATION A motion to reconsider the vote ou 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 preva.iliug side. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS