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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, April 23, 2002 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR STEVEN BROMBERG GARY ADAMS Mayor Pro Tem Council Member GARY L. PROCTOR Council Member NORMA J. GLOVER Council Member DENNIS D. O'NEIL Council Member JOHN HEFFERNAN Council Member HOMER BLUDAU - City Manager, ROBERT BURNHAM - City Attorney, LAVONNE HARKLESS - City Clerk, STEPHEN G. BADUM - 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 April 23, 2002 - 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 applicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Chief Chaplain George B. Vogel, VA Medical Center of Long Beach. F. PRESENTATION 1) Dog Partners Presentation. 2) Mariners Joint Use Library - Fundraising Committee Presentation. 3) Relay For Life Presentation by Peggy Fort. 4) Cable Focus Group Announcement. 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 at 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 (I — 11) 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 oil each of the items recommending an action. There will be no separate discussion of these items prior to the tune 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 APRIL 9, 2002. 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. PROPOSED AMENDMENTS TO MUNICIPAL CODE ORDINANCE 2.20: EMERGENCY SERVICES ORDINANCE. Adopt Ordinance No. 2002 -8. RESOLUTIONS FOR ADOPTION 4. RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO PERS CONTRACT TO PROVIDE FOURTH LEVEL OF 1969 SURVIVOR BENEFITS TO MISCELLANEOUS EMPLOYEES. 1) Adopt Resolution No. 2002 -_, a Resolution of Intention to approve an Amendment to Contract Between the Board of Administration, California Public Employees' Retirement System and the City Council of the City of Newport Beach; 2) introduce Ordinance No. 2002 -, an ordinance of the City Council authorizing an amendment to the contract between the City Council of the City of Newport Beach and the Board of Administration of the California Public Employees' Retirement System, and pass to second reading on May 14, 2002; and 3) approve initial payment method that preserves the City's assets in the program. CONTRACTS AND AGREEMENTS 6. COOPERATIVE AGREEMENT BETWEEN THE CITY OF IRVINE AND THE CITY OF NEWPORT BEACH FOR THE INSTALLATION OF MEDIAN LANDSCAPING ON JAMBOREE ROAD BETWEEN CAMPUS DRIVE AND BRISTOL STREET (contd. from 4/9/02). Continue to May 14, 2002. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 6. BALBOA LIBRARY ELECTRICAL MODIFICATIONS AND AIR CONDITIONING (C -3337) - COMPLETION AND ACCEPTANCE. 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 Materials 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 (1) year after Council acceptance. UNDERGROUND UTILITIES IN WEST NEWPORT (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 69). 1) Approve a Professional Services Agreement in an amount not to exceed $48,200 for Assessment District No. 69 with the firm of Harris and Associates of Irvine to provide assessment engineering services for proposed Assessment District No. 69 and authorize the Mayor and the City Clerk to execute the Agreement; and 2) authorize a budget amendment (BA -039) in the amount of $25,113 to Account No. 7401- C5100212 from unappropriated balance of General Fund Reserves. 8. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE OCEAN BOULEVARD PUBLIC RIGHT -OF -WAY ADJACENT TO 3631 OCEAN BOULEVARD, CORONA DEL MAR (N2002- 0034). Approve the application subject to: 1) execution of an Encroachment Agreement for non - standard improvements; a) authorize the Mayor and the City Clerk to execute the Agreement; b) authorize the direct the City Clerk to have the Agreement recorded with the Orange County Recorder; 2) an Encroachment Permit issued by the Public Works Department; and 3) a Building Permit issued by the Building Department. MISCELLANEOUS ACTIONS 9. DEPARTMENT OF CONSERVATION GRANT FUNDING REQUEST. Approve the submittal of a grant request to the Department of Conservation Recycling Division in the amount of $40,840 and reconfirm the designation of the General Services Director as the City representative. 10. CANARY ISLAND DATE PALM STREET TREES LOCATED ON MARGUERITE AVENUE. Approve replacing trees that succumb to the palm disease with 36" box King Palms at a cost of $900 per tree. 11. TASKS AND INITIAL PROJECTS FOR THE NEWPORT BEACH HARBOR COMMISSION. Direct the Harbor Commission to attend to the tasks identified in the staff report and to any tasks added by the City Council during the April 23, 2002 City Council meeting. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 and address for the record. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 12. PLANNING COMMISSION AGENDA FOR APRIL 18, 2002. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. N. CONTINUED BUSINESS La 13. BALBOA THEATER REHABILITATION PROJECT. Action: 1) Direct staff whether to enter into negotiations for City acquisition of 111 Main Street; 2) If the City Council chooses to purchase 111 Main Street, direct staff to amend the Lease Agreement with the Balboa Performing Arts Theater Foundation as follows: a) Add the western third of 111 Main Street; b) Require the Foundation to contribute $200,000 towards the purchase of 111 Main Street; C) Require the Foundation to separate 111 Main Street into two shell buildings meeting Building Department requirements; and d) Add fundraising and construction milestones. 14. COUNCIL POLICY MANUAL UPDATE FOR 2002 AND PUBLIC MEETING TO CONSIDER CITY S STATEMENT OF INVESTMENT POLICY (POLICY F -1). Action: Approve the proposed revisions or additions to the Council Policy Manual: Revisions to A -2, D -1, E -1, F -1, F -2, F -3, F -8, F -11, G -1, I -1, I.5, I -25, K -7 and L -21; and additions of F -17, K -11, L -18 and L -22. 15. APPOINTMENT BY MAYOR OF AD -HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO OCCUR ON JUNE 30, 2002. Action: Confirm the Mayor's appointment of -------- - - - - -, --------- - - - - -- and --- - - - - -- to serve on the ad -hoc appointments committee to review applications and make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 2002. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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. Q. ADJOURNMENT - In Memory of Wendell Fish SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA - REGULAR MEETING APRIL 23, 2002 PRESENTATION NEWPORT BEACH TOURISM WEEK PROCLAMATION. CONSENT CALENDAR S16. APPOINTMENT TO GENERAL PLAN ADVISORY COMMITTEE. Appoint Don Krotee to at -large vacancy.