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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITE' COUNCIL AGENDA CITE' OF NEVETPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, May 13, 2003 Regular Council Meeting - 7000 p.m, STEVEN BROMBERG MAYOR TOD W. RIDGEWAY GARY ADAMS Mayor Pro Tern 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://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 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 May 13, 2003 STUDY SESSION — 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 — Doug Owen, Bishop, Corona del Mar Ward, Church of Jesus Christ of Latter -day Saints F. PRESENTATIONS Proclamation for Pat Buderwitz Pt Annual Whale Watching Photo Contest Presentation — Balboa Village BID Presentation by Balboa Island Keystone Kops 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 (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 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 MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF APRIL 22, 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. ORDINANCES FOR INTRODUCTION 3. TOW TRUCK ORDINANCES. Introduce Ordinance No. 2003 and pass to second reading on May 27, 2003. 4. AMENDMENT TO MUNICIPAL CODE SECTION 12.44.027, NEIGHBORHOOD ENHANCEMENT RESERVE. Introduce Ordinance No. 2003- and pass to second reading on May 27, 2003. ORDINANCES FOR ADOPTION 5. CODE AMENDMENT NO. 2003 -001 - APPROVAL AUTHORITY FOR GRANNY UNITS (PA 2003 -054). Adopt Ordinance No. 2003 -6 approving Code Amendment No. 2003 -001. 6. CURCI PROPERTY, 129 AGATE AVENUE - GENERAL PLAN AMENDMENT NO. 2002 -003, LOCAL COASTAL PROGRAM AMENDMENT NO. 2003 -001, CODE AMENDMENT NO. 2002 -009, NEWPORT PARCEL NO. 2002 -031 (PA2002 -244). Adopt Ordinance No. 2003 -7. CONTRACTS AND AGREEMENTS 7. OFFICIAL POLICE TOW TRUCK CONTRACTS. Authorize the Mayor to execute the agreements with G & W Towing and MetroPro- Harbor Towing to provide official police tow truck services. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 8. NEWPORT CENTER DRIVE AND SAN NICOLAS DRIVE RESURFACING — AWARD OF CONTRACT (C- 3561). 1) Approve the plans and specifications; 2) award the contract (C -3561) to All American Asphalt for the total bid price of $576,576 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $57,000 to cover the cost of unforeseen work; and 4) approve a budget amendment (BA -067) transferring $223,300 of Gas Tax Funds from Account No. 7181- C5100593 to Account No. 7181- C5100700. 9. BAYSHORES WATER MAIN REPLACEMENT — AWARD OF CONTRACT (C -3512) AND APPROVAL OF AMENDMENT NO. 1 TO CIVILTEC ENGINEERING PROFESSIONAL SERVICES CONTRACT. 1) Approve the plans and specifications; 2) award the contract (C -3512) to Cody Engineering, Inc. for the total bid price of $591,230 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $59,000 to cover the cost of unforeseen work; and 4) approve Amendment No. 1 to Professional Services Agreement with Civiltec Engineering Inc. increasing their compensation $12,535 for additional design services related to the subject project and authorize the Mayor and the City Clerk to execute the Amendment. 10. NEWPORT HEIGHTS PAVEMENT OVERLAY — COMPLETION AND ACCEPTANCE (C- 3473). 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. 11. CORONA DEL MAR BUS SHELTER — EXTRA WORK APPROVAL. Authorize the Public Works Director to approve extra work in the amount of $6,028.16, which provided for the assembly and installation of six bus shelters along Coast Highway in Corona del Mar. 12. FUEL SYSTEM UPGRADES (C -3547) — APPROVAL OF EXTRA WORK. 1) Authorize the Public Works Director to approve Change Order No. 1 in the amount of $27,000, which provides for additional work and an approximate $1,300 for soils testing anticipated for environmental clearance of the fuel system upgrades at City Hall; and 2) approve a budget amendment (BA -068) appropriating $17,000 from the unappropriated balance of the Equipment Replacement Fund to Account No. 7611 - C6120683. 13. GAS SALE AGREEMENT WITH HOAG MEMORIAL HOSPITAL PRESBYTERIAN. Approve the Amendment to the Agreement for sale of gas to Hoag Memorial Hospital Presbyterian. 14. PURCHASE OF CCTV VIDEO INSPECTION VAN. Approve the staff recommendation and waive competitive bidding guideline thresholds and approve the single source purchase of a Pearpoint CCTV video inspection Hi -Cube van at a total cost of $127,021.20. 15. OIL FIELD OPERATION — WATER PUMP PURCHASE. Authorize the purchase of one water injection pump from National Oil Well of Long Beach in the amount of $100,552.50. 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. MISCELLANEOUS ACTION 16. ALARM MANAGEMENT SYSTEM UPGRADE (contd. from Study Session of 4/22/03). 1) Approve recommended upgrades to the Police Department Alarm Management System and award purchase to the vendors for the specified equipment, software, and services at the quoted costs (as outlined in staff report); 2) Approve a budget amendment (BA -066) transferring $130,717 from General Fund Unappropriated Reserves to the Police Department Budget as outlined in the staff report; and 3) authorize the Department to implement an Alarm Management System (AMS) Marketing Plan. 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 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 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 M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 17. PLANNING COMMISSION AGENDA FOR MAY 8, 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. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. N PUBLIC HEARINGS 18. REVIEW, APPROVAL, AND SUBMISSION OF THE FY 2003 -2004 ONE -YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). Action: 1) Conduct public hearing; and 2) After receiving public comments and recommendations on the Draft Action Plan, including the budget for the CDBG program, staff recommends the approval of the Action Plan for submittal to HUD. 19. APPOINTMENTS BY THE CITY COUNCIL TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE AND THE AVIATION COMMITTEE. Action: Confirm the appointments to the Environmental Quality Affairs Citizens Advisory Committee and the Aviation Committee, as announced by each Council Member. Environmental Quality Affairs Citizens Affairs Committee (District 3) Council Member Webb's appointment of (regular member). (District 4) Council Member Adams' appointment of (regular member). Aviation Committee (District 1) Mayor Pro Tern Ridgeway's appointment of (alternate). (District 4) Council Member Adams' appointment of (alternate). 20. PROPOSED REVISION TO CITY COUNCIL POLICY B -9 — NAMING OF CITY PARKS. Action: Approve amended City Council Policy B -9 No.ming of City Parks (formerly I -9) as recommended by the Parks, Beaches and Recreation Commission and staff. 21. ORDINANCE ESTABLISHING SAFETY ENHANCEMENT ZONES, DESIGNATING A PORTION OF AN AREA IN WEST NEWPORT BEACH AS A SAFETY ENHANCEMENT ZONE DURING JULY FOURTH AND AMENDING CERTAIN SECTIONS IN CHAPTERS 1.04, 1.05, 5.11, 5.95 AND 10.58 OF THE NEWPORT BEACH MUNICIPAL CODE TO INCREASE FINES AND PENALTIES FOR MUNICIPAL CODE VIOLATIONS, PROHIBIT THE DELIVERY OF ALCOHOL TO ALCOHOL BEVERAGE OUTLETS, INCREASE THE RESPONSIBILITIES OF THE OWNERS OF SHORT TERM LODGINGS AND REQUIRE IMMEDIATE TERMINATION OF CERTAIN ACTIVITIES UPON REQUEST OF A PEACE OFFICER IN AN AREA DESIGNATED AS A SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. SAFETY ENHANCEMENT ZONE AND DURING THE TIME THE DESIGNATION IS EFFECTIVE. Action: Adopt Ordinance No. 2003 -5. P. CURRENT BUSINESS 22. CODE AMENDMENT CA 2003 -004 — ABO AMENDMENT (PA 2003 -090) - AMENDS THE ALCOHOLIC BEVERAGE OUTLET (ABO) ORDINANCE (CHAPTER 20.89) TO PROHIBIT OFF -SALE ALCOHOLIC BEVERAGE OUTLETS FROM SELLING OR STORING ALCOHOLIC BEVERAGES OUTSIDE OF THE EXTERIOR WALLS OF THE ESTABLISHMENT. Action: Introduce Ordinance No. 2003 - and schedule public hearing and second reading for May 27, 2003. 23. REFILLING OF VACANCY ON THE GENERAL PLAN ADVISORY COMMITTEE (GPAC). Action: Approve the GPUC's recommendation for filling an at- large, District 2 vacancy on GPAC. Q. 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. R. ADJOURNMENT C SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.