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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Monday, May 24, 1999 Regular Council Meeting - 7:00 p.m. DENNIS D. O'NEIL MAYOR TOM W. THOMSON NORMA J. GLOVER Mayor Pro Tem Council Member TOD W. RIDGEWAY Council Member JAN DEBAY Council Member GAROLD B. ADAMS Council Member JOHN E. NOYES 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/Director of Community and Economic Development. 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 Mondays 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 May 24, 1999 STUDY SESSION - 4:00 p.m. [Refer to separate agenda] CLOSED SESSION [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED (If applicable) RECESS RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Pledge of Allegiance. Invocation by Pastor Warren Olson, Mariners Church. Presentation by Karen Evarts, President of the Newport Beach Sister City Association. IF YOU WISH TO ADDRESS THE COUNCIL PLEASE FILL OUT THE YELLOW SIGN -IN CARD AND PLACE IT IN THE BOX AT THE PODNM 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. BELURED LIGHT WILL SIGNIFY WHEN 5 MINUTES ARE UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. m►`f`fpg 1[N:\If k lw7 NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1 – 24) 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 1. MINUTES OF THE ADJOURNED REGULAR (STUDY SESSION) AND REGULAR MEETING OF MAY 10, 1999. 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. RESOLUTIONS FOR ADOPTION 3. REVISED PARKING LOT FEES FOR BALBOA PIER AND CORONA DEL MAR PARKING LOTS (contd. from 4/26/99). Continue to June 14, 1999. 4. RESOLUTION AUTHORIZING SUPPLEMENTARY SALARY AND BENEFIT PAYMENTS TO CITY EMPLOYEES CALLED TO ACTIVE M LITARY DUTY. Adopt Resolution No. 99 -`. 5. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SEASHORE DRIVE, NEWPORT BOULEVARD AND BALBOA BOULEVARD AND SELECTED FEEDER STREETS DURING THE FOURTH OF JULY HOLIDAY PERIOD. Adopt Resolution No. 99 -_. ORDINANCES FOR ADOPTION 6. ADOPTION OF THE FIRE CODE AND FINDING OF FACTS. Adopt Ordinance No. 99 -13 Amending Title 9 of the NBMC to adopt 1998 California Fire Code and finding of facts. 7. ADOPTION OF THE BUILDING CODES AND RESOLUTION NO. 99•— SETTING FORTH FINDINGS BASED ON LOCAL CONDITIONS WITHIN THE CITY OF NEWPORT BEACH WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING CODE, THE CALIFORNIA PLUMBING CODE AND THE CALIFORNIA RESIDENTIAL CODE REASONABLY NECESSARY. Adopt Ordinance No. 99 -14 amending Chapters 15.02, 15.03, 15.04, 15.05, 15.06, 15.08, 15.09 and 15.10 of Title 15 of the NBMC to adopt the 1997 Edition of the Uniform Administrative Code, SPEAKERS MUST LIMIT REMARKS TO 5 M MUTES ON AGENDA ITEMS. the 1997 Edition of the Uniform Housing Code, the 1998 Edition of the California Building Code, the 1998 Edition of the California Mechanical Code, the 1998 Edition of the Electrical Code, the 1998 Edition of the California Plumbing Code, the 1997 Edition of the Uniform Swimming Pool, Spa and Hot Tub Code, and the Excavation and Grading Code; and Resolution No. 99 -_ setting forth findings of necessity. 8. ORDINANCE NO. 99 -15 AMENDING SECTION 1.08.055 OF CHAPTER 1.08 OF THE NBMC PERTAINING TO APPOINTMENT OF HEARING OFFICER. Adopt ordinance. 9. AMENDMENT TO CHAPTERS 20.80 (SERVICE STATIONS), 20.03 (DEFINITIONS), AND 20.67 (SIGNS) OF TITLE 20 OF THE NBMC TO UPDATE LAND USE AND PROPERTY DEVELOPMENT REGULATIONS FOR SERVICE STATIONS AND ADOPTION OF RESOLUTION APPROVING DESIGN GUIDELINES FOR SERVICE STATIONS. AAMENDMENT 8851. Adopt Ordinance No. 99 -16 and Resolution No. 99 -_ adopting design guidelines for service stations. CONTRACTS AND AGREEMENTS 10. 1997 -98 ALTERATIONS AND REFURBISHING POLICE FACILITY (C -3217) — COMPLETION AND ACCEPTANCE. Accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable sections of the Civil Code. 11. GRAND CANAL DREDGING, EELGRASS TRANSPLANT AND ROCK BUTTRESSES (C -3154) — COMPLETION AND ACCEPTANCE. Accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable sections of the Civil Code. 12. CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENTS (C -3191) — COMPLETION AND ACCEPTANCE. Accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable sections of the Civil Code. 13. BONITA CANYON PARK (C -3270) — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH EPT LANDSCAPE ARCHITECTS. Authorize the Mayor and City Clerk to execute a Professional Services Agreement with EPT Landscape Architects to prepare plans and specifications for the Bonita Canyon Park Improvements for a fee of $332,067. 14. JAMBOREE ROAD/EASTBLUFF DRIVE INTERSECTION IMPROVEMENTS — AWARD OF CONTRACT (C- 3202 -B). Approve the plans and specifications; award C- 3202 -B to Peterson -Chase General Engineering Construction, Inc. for the total bid price of $1,013,906 and authorize the Mayor and the City Clerk to execute the contract; establish an amount of $101,000 to cover the cost of unforeseen work; approve a budget amendment (BA -071) appropriating $614,906 to Account No. 7261- C5200473 from the unappropriated Circulation and Transportation Fund Reserves and appropriating $50,000 to the Contributions Fund, Account No. 7251- C5200473. 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 15. NEWPORT DUNES HOTEL AND TIME-SHARE RESORT ENVIRONMENTAL IMPACT REPORT. Approve the amendment to the professional services agreement with LSA Associates for the preparation of an environmental impact report for the Newport Dunes Hotel and Time -Share Resort project. 16. GEOGRAPHIC INFORMATION SYSTEM (GIS) PROJECT. Authorize the Mayor and the City Clerk to execute a Professional Services Agreement with PSOMAS and Associates to convert the City's water facilities atlas drawings into an electronic digital atlas mapping system; approve the conversion of the GIS system from Genasys to Environmental Systems Research Institute (ESRI); and approve Budget Amendment (BA -066) to transfer appropriations in the amount of $77,862 from various accounts and increase appropriations in the amount of $49,715 to accomplish the above named conversions. 17. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING FISCAL YEAR JULY 1, 1999 TO JUNE 30, 2000. Authorize the City Clerk to publish a notice advertising for bids to be received on or before the hour of 4:00 p.m., on Friday, June 11, 1999, for a one - year contract covering the publishing and printing of legal notices, or other material required to be published and circulated in the City of Newport Beach. MISCELLANEOUS ACTIONS 18. PLANNING COM USSION AGENDA FOR MAY 20, 1999. Receive and file. 19. RATIFICATION OF MAYOR'S APPOINTMENTS TO AD -HOC APPOINTMENTS COMMITTEE. Ratify the appointment of Mayor Pro Tern Thomson (Chairman), and Council Members Glover and Ridgeway 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, 1999. 20. BUDGET AMENDMENT (BA -067) TO APPROPRIATE A DONATION IN THE AMOUNT OF $3,480 FROM THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION TO PURCHASE OFFICE SUPPLIES. Approve BA -067. 21. BUDGET AMENDMENT (BA -069) TO INCREASE REVENUE ESTIMATES AND EXPENDITURE APPROPRIATIONS BY $2,800 FOR THE PURCHASE OF A JAIL MANAGEMENT COMPUTER SYSTEM TO BE REIMBURSED BY THE CALIFORNIA BOARD OF CORRECTIONS. Approve BA -069. 22. ADDITION OF TWO LEASED ELECTRIC VEHICLES. Approve the leasing of two 1999 Honda RAV -4 electric vehicles for a three year period at a total cost of $35,320; approve the purchase and installation of two electric vehicle charger stations for a total cost of $9,000; and approve a budget amendment (BA -070) in the amount of $44,320 to appropriate AQMD matching grant funds (AB2766 non - discretionary funds) to lease the two electric vehicles and purchase the two charger stations. 23. UNDERGROUND UTILITIES IN WEST NEWPORT (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 69). Authorize an advance to Underground Assessment District No. 69 in the amount of $247,500 to provide for the design of the project by Southern California Edison and Pacific Bell; and approve a budget amendment (BA -072) to appropriate $47,800 from the General Fund unappropriated surplus to the Assessment District Capital Project Fund for proposed Assessment District No. 69, Account No. 7401- C5100212. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 24. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC). Confirm Mayor Pro Tom Thomson's appointment of Philip Luger to EQAC (District 7 at -large member). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR 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. PUBLIC HEARINGS 25. ROWE RESIDENCE — 2231 PACIFIC DRIVE — AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION WHICH UPHELD THE DECISION OF THE MODIFICATIONS COMMITTEE, WHICH DENIED A REQUEST TO CHANGE CONDITION NO. 4 OF MODIFICATION NO. 4538 — THE CONDITION OF APPROVAL REQUIRES THAT USE OF AN ATTIC SPACE OVER A GARAGE BE LIMITED TO STORAGE ONLY, AND THAT THE STORAGE AREA IS NOT TO BE USED AS ADDITIONAL LIVING SPACE. THE APPLICANT IS REQUESTING THAT THE CONDITION OF APPROVAL BE CHANGED TO ALLOW THE AREA OVER THE GARAGE TO BE CONVERTED TO LIVING AREA AND USED AS A HOME OFFICE (contd. from 5/10/99). Action: a) Conduct appeal hearing; and b) Concur with the determination of staff related to the changes needed to bring the project into conformance with the original approval of the Modification Committee, incorporate as additional conditions of approval of Modification 4535, and remove the appeal from the calendar. SPEAKERS MUST LIMPP REMARKS TO 5 MINUTES ON AGENDA ITEMS- CONTINUED BUSINESS 26. PARKING TIME LIMITS ON HAZEL DRIVE (contd. from 5/10/99). Action: a) Adopt Resolution No. 99 -_ establishing two -hour parking on Hazel Drive from the alley north of Coast Highway to Second Avenue; and b) Approve OR deny the request to introduce Ordinance No. 99 -_ amending Section 12.68.060 of the NBMC to establish a Residents' Preferential Zone on Hazel Drive from the alley north of Coast Highway to Second Avenue. 27. BEACH VOLLEYBALL COURT AT 2406 W. OCEANFRONT. Action: a) Make no changes to the current placement of the beach volleyball courts, including the court at 2406 W. Oceanfront; OR b) Retain the court at 2406 W. Oceanfront and install an additional beach volleyball court at the previously authorized site at 26th Street; OR c) Remove the beach volleyball court at 2406 W. Oceanfront and install a beach volleyball court at 26th Street. 26. BALBOA BOULEVARD REHABILITATION, MAIN STREET TO °G" STREET - AWARD OF CONTRACT (C -3176) AND APPROVAL OF BUDGET AMENDMENT (BA -066). Action: 1) Approve the plans and specifications. 2) Award contract (C -3176) to Los Angeles Engineering and authorize the Mayor and the City Clerk to execute the contract in accordance with the selected alternate: a) For the total bid price of $574,564.10 for Alternate "A" (pavers in the roadway and sidewalk areas at the intersection of Balboa Boulevard and Main Street), OR b) For the total bid price of $473,363 for Alternate "B" (asphalt paving in the roadway and concrete in the sidewalk area at the intersection of Balboa Boulevard and Main Street), OR c) For the total bid price of $567,562.10 for Alternate "C" (pavers in the crosswalk and sidewalk areas, and grey exposed aggregate concrete in the center of the intersection of Balboa Boulevard and Main Street). 3) Establish an amount of $57,000 to cover the cost of unforeseen work in Alternate "A ", or $46,000 to cover the cost of unforeseen work in Alternate `B ", or $56,000 to cover the cost of unforeseen work in Alternate "C ", in accordance to the alternate chosen in Recommendation 2. 4) Authorize a budget amendment (BA -066) to transfer appropriations of between $19,363 to $131,564.10 depending on award of Alternate A, B or C, as described in the staff report. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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. SPEAKERS MUST LIMff REMARKS TO 5 MINUTES ON AGENDA ITEMS.