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HomeMy WebLinkAbout0 - Regular AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, March 27, 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 March 27, 2001 STUDY SESSION — Cancelled. CLOSED SESSION — [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT (if applicable) RECESS RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Pledge of Allegiance. Invocation by Bishop Mike Browning, Newport Beach Stake - Church of Jesus Christ of Latter -Day Saints and member of the Police Department Chaplain Program. Proclamation proclaiming April 1 - 7, 2001, as National Library Week. 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): ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 1. PLANNING COMMISSION AGENDA FOR MARCH 22, 2001 [meeting cancelled due to lack of a quorum]. Receive and file written report. 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 (2— 14) 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 2. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 13, 2001. Waive reading of subject minutes, approve as written and order filed. 3. 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. RESOLUTION FOR ADOPTION 4. AD HOC GENERAL PLAN UPDATE COMMITTEE. Adopt Resolution 2001 - correcting the membership list of the Ad Hoc General Plan Update Committee to include a member of the Harbor Committee, which had been inadvertently removed last December, and rescinding Resolution No. 2000 -102. CONTRACTS AND AGREEMENTS 5. SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING WITH NEWPORT BEACH CITY EMPLOYEES ASSOCIATION, PROVIDING FOR AN ELECTION ON AN AGENCY SHOP PROVISION. Approve the Supplemental Memorandum of Understanding (MOU). 6. LEASE AGREEMENT FOR SHIPYARD /RETAIL STORE AT BALBOA YACHT BASIN (WITH BASIN MARINE, INC.). Authorize the Mayor to execute the proposed lease with Basin Marine, Inc. on behalf of the City of Newport Beach. PURCHASE OF REPLACEMENT MOBILE LAPTOP COMPUTERS. 1) Award bid to purchase 35 replacement mobile laptop computers for use in marked police vehicles used by sworn personnel from "Dell Computer Corporation" for $83,580.00 from Capital Improvement Project (CIP) Budget No. 7017- C1820539; 2) award bid to purchase screen coating overlay for 35 mobile laptop computers for use in marked police vehicles used by sworn personnel from "Dell Computer Corporation" for $5,915.00 from CIP Budget No. 7017- C1820539; and 3) award bid to purchase "touch screen" retrofit for 35 mobile laptop computers for use in marked police vehicles used by sworn personnel to "CPU Computer Repair" (as authorized by "Dell Computer Corporation ") for $23,931.25 from CIP Budget No. 7017- C1820539. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 8. BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS (C -3198) - ACCEPTANCE AND COMPLETION. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Material bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; 4) release the Faithful Performance Bond one year after Council acceptance; and 5) approve a budget amendment (BA -037) increasing the appropriation in Account No. 7012 - 05100008 in the amount of $22,229.35 and increase the revenue estimate for General Fund Account No. 5100 -5864 in the amount of $22,229.35 for the additional contract work and subsequent reimbursement by Pacific Bell. 9. NEWPORT HEIGHTS STREET IMPROVEMENTS (C -3313) - ACCEPTANCE AND COMPLETION. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Material bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one year after Council acceptance. 10. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE ALLEY RIGHT -OF -WAY ADJACENT TO 405 & 405 1/2 GOLDENROD AVENUE, CORONA DEL MAR (N2000 -254). Approve the application subject to: 1) execution of an Encroachment Agreement for non - standard improvements: a) authorize the Mayor and City clerk to execute the Agreement; and b) authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder; 2) an Encroachment Permit issued by the Public Works Department; 3) a Building Permit issued by the Building Department; and 4) the Building Department, Fire Department, General Services Department, and Public Works Department shall approve all improvements. 11. BUDGET AUGMENT FOR HOUSING ELEMENT PREPARATION AND RELATED BUDGET AMENDMENT (BA -038). 1) Approve BA -038 to transfer $7,000 from Account No. 2710 -7000 (Salaries) to Account No. 2710 -8080 (Services - Professional and Technical); and 2) authorize the City Manager to execute an amendment to the Professional Services Agreement with Hogle- Ireland, Inc., to provide for completion of the Housing Element. MISCELLANEOUS ACTIONS 12. REVISION TO COUNCIL POLICY A -6, "OPEN MEETING POLICIES" AS IT PERTAINS TO THE ORDER OF BUSINESS FOR COUNCIL MEETINGS. Approve revisions to Council Policy A -6. 13. PUBLIC IMPROVEMENTS CONSTRUCTED IN CONJUNCTION WITH TRACT NO. 15012 (EASTERLY SIDE OF DOVER DRIVE BETWEEN 16TH STREET AND WESTCLIFF AVENUE). 1) Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 15012; 2) authorize the City Clerk to release the faithful performance bond (Bond No. 1114 -1572 -864); 3) authorize the City Clerk to release the labor and material surety (Bond No. 1114 - 1572 -864) in six months provided no claims have been filed; and 4) authorize the City Manager to sign a letter accepting maintenance responsibility for the bluff side of the Bluff Top trail in six months. 14. BUDGET AMENDMENT (BA -039) TO APPROPRIATE $10,000.00 OF A $47,951.43 DONATION FROM THE ESTATE OF ROY RAYMOND REIBER TO ENHANCE CHILDREN'S SERVICES AT THE BALBOA BRANCH LIBRARY. Approve BA -039. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Public Continents 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 15. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL PUBLIC HEARING AND LEVYING OF ASSESSMENTS FOR THE 2001 -2002 FISCAL YEAR. Action: 1) Conduct public hearing; regarding the renewal of the Balboa Village Business Improvement District; and 2) a) If protests represent less than 50 percent of the total assessment amount, adopt Resolution 2001 -_ confirming the levying of the assessments; OR b) If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the District. 16. REX BRANDT TRUST FOR AMENDMENT NO. 909 & LOT LINE ADJUSTMENT NO. 2000 -013 (2720 & 2730 BAYSIDE DRIVE). Action: 1) Conduct public hearing; 2) Adopt the findings and conditions of approval for Lot Line Adjustment No. 2000 -013; 3) Introduce Ordinance No. 2001 approving Amendment No. 909 establishing a four -foot front yard setback for the subject lots; 4) Approve an Encroachment Agreement for the non - standard improvements: a) Authorize the Mayor and City Clerk to execute the Agreement; b) Authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder; and 5) Authorize the issuance of an Encroachment Permit by the Public Works Department, subject to approval of all improvements by the Fire, General Services and Public Works Departments. 17. MEASURE S GUIDELINES (contd. from 2/27/01 & 3/13/01). Action: Adopt the proposed guidelines as submitted or as amended by the City Council. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 18. REQUEST OF AIRPORT WORKING GROUP (AWG) AND CITIZENS FOR JOBS AND THE ECONOMY (CJE) FOR FUNDING. Action: Authorize Mayor to execute proposed grant agreements with AWG & CJE. A motion to reconsider the uote on any action taken by the City Council at either this meeting or the preuious meeting may he made only by one of the Council members who uoted with the prevailing side. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA - REGULAR MEETING MARCH 27, 2001 CONSENT CALENDAR S19. SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING WITH NEWPORT BEACH PROFESSIONAL AND TECHNICAL ASSOCIATION REGARDING LIUNA PENSION PLAN. Action: Approve supplemental Memorandum of Understanding (MOU). S20. RESOLUTION 2001 -_ RELATING TO THE CITY S INTENTION TO SUBMIT AND CERTIFY A LOCAL COASTAL PROGRAM (LCP) FOR THE CITY OF NEWPORT BEACH. Action: Adopt Resolution 2001 -_ relating to the City's intention to submit and certify a Local Coastal Program (LCP) for the City of Newport Beach.