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.