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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, April 8, 2003 Regular Council Meeting - 7:00 p.m. STEVEN BROMBERG MAYOR TOD W. RIDGEWAY GARY ADAMS Mayor Pro Tem GARY L. PROCTOR Council Member DON WEBB Council Member Council :Member RICHARD A. NICHOLS 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 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:llwww.city.newport- beach.ca.usi 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 April 8, 2003 STUDY SESSION - 4:00 p.m. CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS x�� * * * * *kxiriraaxxx 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 - Lloyd Dalton, Design Engineer, Public Works Department F. PRESENTATION Proclamation recognizing April 2003 as Autism Awareness Month. 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. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 17) 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 RESOL UTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 25, 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. CODE AMENDMENT CA 2002 -007 - LANDMARK BUILDINGS (PA 2002 -218) - AMENDMENT TO TITLE 20 OF THE NBMC TO DESIGNATE CERTAIN TYPES OF BUILDINGS AS "LANDMARK BUILDINGS" AND MODIFY RESTRICTIONS ON THE USES IN LANDMARK BUILDINGS (contd. from 2/11/03 & 3/11/03). Adopt Ordinance No. 2003 -4 approving Code Amendment CA 2002 -007. RESOLUTION FOR ADOPTION 4. AMENDMENT OF GENERAL PLAN UPDATE COMMITTEE (GPUC) RESOLUTION - CLARIFICATION OF ROLE AND RESPONSIBILITIES DURING GENERAL PLAN UPDATE PROCESS. Adopt Resolution No. 2003 -_ amending Resolution No. 2000 -102 to include clarifying provisions for the General Plan Update Committee's role in the update process. 5. RESOLUTION INITIATING AMENDMENTS TO CHAPTER 20.89 OF THE NBMC PERTAINING TO THE SALE OR STORAGE OF ALCOHOLIC BEVERAGES OUTSIDE OF THE ESTABLISHMENT. Adopt Resolution No. 2003 -_ initiating an amendment to the Alcoholic Beverage Outlet Ordinance (Chapter 20.89) that would prohibit o££ -sale alcoholic beverage outlets from selling or storing alcoholic beverages outside of the exterior walls of the establishment. CONTRACTS AND AGREEMENTS 6. BALBOA ISLAND BAYFRONT REPAIRS (2002 -2003) - AWARD OF CONTRACT (C- 3544). 1) Approve the plans and specifications; 2) affirm the SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Categorical Exemption for the work; 3) award the contract (C -3544) to Ranco Corporation for the total bid price of $165,440 and authorize the ;Mayor and the City Clerk to execute the contract; and 4) establish an amount of $16,510 to cover the cost of unforeseen work and material testing. 7. SEWER MAIN MASTER PLAN IMPROVEMENTS - LINING PROJECT (C -3465) - 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. 8. PENINSULA POINT WATER MAIN REPLACEMENT (C -3462) - 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. 9. ORANGE COUNTY TRANSPORTATION AUTHORITY AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT NO. C -95 -985. Approve Amendment No. 6 to Cooperative Agreement No. C -95 -985 between the Orange County Transportation Authority (OCTA) and the City of Newport Beach and authorize the Mayor and the City Clerk to execute the Amendment. MISCELLANEOUS ACTION 10. ACCEPT ASSISTANCE TO FIREFIGHTERS GRANT. 1) Accept Federal Emergency :Management Agency's United States Fire Administration Assistance to Firefighters Grant for $18,375 in funding for the "Newport Beach Fire Safety Ladder" public education program; 2) approve a budget amendment (BA -061) appropriating the $18,375 grant funds and the needed 30% matching funds of $7,875 into Fire Department Public Education account 2354 -8200. 11. BUDGET AMENDMENT - DUI ENFORCEMENT TEAM/CHECKPOINTS - FISCAL YEAR 2003 -2004 & 2004 -2005. Approve a budget amendment (BA -062) in the amount of $78,098 for the Police Department budget to fund additional drunk - driving (DUI) enforcement measures, as a result of a two -year grant awarded by the State of California Office of Traffic Safety. 12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LIBRARY SERVICES TO SENIORS (HOMEBOUND PROGRAM). Approve a budget amendment (BA -063) in the amount of $20,681. 13. CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM. 1) Approve acceptance of $27,010 from the State of California Law Enforcement Equipment Purchase (CLEEP) program; and 2) approve a budget amendment (BA -064) of $27,010 in funds to be transferred from CLEEP Grant Program Revenue Account number 1820 -4874, to the Police Department CLEEP Capital Equipment Account number 1820 -9017. 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 14. DEPARTMENT OF CONSERVATION GRANT FUNDING REQUEST. Authorize the General Services Director to submit a Funding Request Form to the Department of Conservation Recycling Division in the amount of $20,445. 15. STATEMENT OF MINIMUM GOALS - CABLE FRANCHISE NEGOTIATIONS. Adopt the Statement of Minimum Goals and direct the City's franchise negotiator, Mr. William Marticorena of Rutan and Tucker, to begin discussions with Adelphia and Cox based on the Statement. 16. CLIFF DRIVE PARK IMPROVEMENTS - APPROVAL OF PLAYGROUND EQUIPMENT PURCHASE. Approve the purchase of new and replacement playground equipment from Coast Recreation, Inc. for Cliff Drive Park for a total contract price of $37,694. 17. COUNCIL POLICY MANUAL UPDATE FOR 2003 AND PUBLIC MEETING TO CONSIDER CITYS STATEMENT OF INVESTMENT POLICY (POLICY F -1). Approve the proposed revisions or additions to the Council Policy Manual: Revisions to F -1, F -2, F -3, F -20, I -1, I -2, I -3, I -4, I -5. I -6, I -7, I -S, I -9, I -10, I -11, I -12, I -13, I -14. I -15, I -16, I -17, I -18, I -19, I -20, I -21, I -22, I -23, I -24, I -25, I -26, I -27, I -28, L -16. L -20: and addition of I -13. 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 itents generally considered to be within the subject matter jurisdiction of the Council -- Speakers must li.ntit 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT is. PLANNING COMMISSION AGENDA FOR APRIL 3, 2003. Action: 1) Receive oral report on the most recent Planning Commission actions; 2) Council Member call -up of those items subject to call -up; and 3) Receive and file written report. N. PUBLIC HEARING 19. REVIEW OF THE FY 2003 -2004 COMMUNITY DEVELOPMENT BLOCK GRANT ONE -YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Action: 1) Conduct public hearing on the Draft Action Plan. including the budget for the CDBG program; and 2) Approve the recommendations for funding and schedule the revised Action Plan for City Council approval at the May 13, 2003 public hearing. 20. PLANNING DEPARTMENT STAFFING LEVELS. Action: Approve a budget amendment (BA -065) adding two positions in the Planning Department. 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 fallen Marine Jose Angel Garibay, Newport Harbor High School graduate 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.