Loading...
HomeMy WebLinkAbout0 - 6-14-99CITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Monday, June 14, 1999 Regular Council Meeting - 7:00 p.m. DENNIS D. O'NEIL MAYOR TOM W. THOMSON NORMA J. GLOVER Mayor Pro Tem TOD W. RIDGEWAY Council Member JAN DEBAY Council Member 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 June 14, 1999 - 3:00 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 MEETIN G ROLL CALL Pledge of Allegiance. Invocation by Mrs. Marianne Scott, First Church of Christ Scientist. Presentation to Paul Salata regarding "Irrelevant 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. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (VON- DISCUSSION ITEM): TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS TAPE RECORDED. SPEAKER MUST LD41T REMARKS TO 5 MINUTES ON AGENDA ITEMS. BELL/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 (I — 25) 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. MINU'T'ES OF THE ADJOURNED REGULAR (STUDY SESSION) AND REGULAR MEETING OF MAY 24, 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 & 5/10199). Continue to July 26, 1999. 4. CITY S SUPPORT OF THE "FAIR COMPETITION AND TAXPAYER SAVINGS ACT ". Adopt Resolution No. 99 -_ stating the City's support of the "Fair Competition and Taxpayer Savings Act" and its legislative vehicles (ACA 16 and AB 1448). 5. RECYCLING SURCHARGE. Adopt Resolution No. 99- authorizing the recycling surcharge to be set at $2.17 per month per residential unit effective July 1, 1999. 6. ASSIGNMENT OF WASTE MANAGEMENT OF ORANGE COUNTY NON- EXCLUSIVE SOLID WASTE FRANCHISE AGREEMENT AND TERMINATION OF NON - EXCLUSIVE SOLID WASTE FRANCHISE AGREEMENT WITH WESTERN WASTE. Adopt Resolution No. 99 -_ terminating the commercial solid waste franchise agreement between the City and Western Waste and assigning the City's franchise agreement with Waste Management of Orange County, Inc. to Waste Management of Orange County, a Division of Waste Management Collection and Recycling, Inc; and approve agreement to terminate the solid waste collection franchise agreement between the City and Western Waste, and to assign the Waste Management of Orange County Franchise to Waste Management of Orange County, a Division of Waste Management Collection and Recycling, Inc. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 7. MEASURE M ELIGIBILITY REQUALIFICATION FOR FY 1998 -99. Adopt the Seven - Year Capital Improvement Program; adopt Resolution No. 99 -_ pertaining to the status of the City's Circulation Element and affirming that there has been no unilateral reduction in lanes on any Master Plan of Arterial Highways during FY 1998 -99; and direct staff to submit the adopted Capital Improvement Program, and the Maintenance of Effort certification to the Orange County Transportation Authority to satisfy the eligibility provisions for the Measure M and the Congestion Management Programs. 8. ADOPT RESOLUTION NO. 99- REDUCING THE NUMBER OF MEMBERS ON THE ARTS COMMISSION FROM NINE TO SEVEN EFFECTIVE JULY 1, 1999 AND CONFIRM THE NOMINEES FOR BOARD AND COMMISSION VACANCIES. Adopt Resolution No. 99 -; confirm the following nominations; and schedule appointments for June 28, 1999. Board of Library Trustees (2 Vacancies — Bartolic and Ryan) Nominees: Patrick Bartoli c, Julie Ryan, and Mary Petropoulos. City Arts Commission (3 Vacancies — Valentine, Michaels & vacant seat) Nominees: Karen Raab, Lila Crespin, Don Gregory, Tom Staple, and Catherine Michaels. Civil Service Board - (1 Vacancy - Godfrey) [Civil Service Board Nominees] Nominees: James Dunlap. Jr. and Douglas Wood. Parks, Beaches & Recreation Commission (2 Vacancies — Beek and Glasgow) Nominees: Timothv Brown, Stuart Macfarland, Jules Marine, and Curtis Herberts. Planning Commission (2 Vacancies — Gifford and Fuller) Nominees: Robert Patterson, Christi Bettingen, Steven Kiser, and Anne Gifford. CONTRACTS AND AGREEMENTS 9. MULTI -YEAR MEMORANDUM OF UNDERSTANDING (MOU) WITH POLICE MANAGEMENT ASSOCIATION (PMA). Approve the subject MOU. 10. MULTI -YEAR MEMORANDUM OF UNDERSTANDING (MOU) WITH FIREFIGHTERS ASSOCIATION (NBFA). Approve the subject MOU. 11. AGREEMENT WITH WESTNET. Approve the Automate Rescue Series Sponsorship agreement with Westnet to provide enhanced communications equipment for two lifeguard rescue vessels. 12. MACARTHUR BOULEVARD PAVEMENT REHABILITATION AND SANDCASTLE/ TILLERIBLUE KEY PAVEMENT OVERLAY (C -3269) — AWARD OF CONTRACT. Approve the plans and specifications; award C -3269 to All American Asphalt for the total bid price of $894,521 and authorize the Mayor and the City Clerk to execute the contract; and establish an amount of $89,000 to cover the cost of materials testing and unforeseen work. 13. SAN JOAQUIN HILLS ROAD REHABILITATION AWARD OF CONTRACT (C- 3170). a) Approve the plans and specifications for San Joaquin Hills Road from Jamboree Road to MacArthur Boulevard (Federal Authorization No. STPLMA- 5151 - (008)) and for San Joaquin Hills Road from MacArthur Boulevard to Marguerite Avenue (Federal Authorization No. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS STPLMA- 5151- (009)); b) award contract (C -3170) to R.J. Noble Company for the total bid price of $1,297,459 ($866,924 for STPLMA- 5151 -(008) and $430,535 for STPLMA -5151- (009)), and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $129,000 ($86,000 for STPLMA- 5151 -(008) and $43,000 for STPLMA- 5151- (009)) to cover the cost of material testing and unforeseen work; d) authorize a budget amendment (BA -074) to appropriate $258,368 of Federal Highway AHRP Funds (STPLMA05151- (008)) in a newly established account 7285- C5100396; e) authorize a budget amendment (BA -074) to appropriate $190,955 of Federal Highway AHRP Funds (STPLMA05151- (009)) in a newly established account 7285- C5100494; I) establish Gas Tax Account No. 7181- C5100494 for STPLMA- 5151- (009); and g) authorize a budget amendment (BA -074) to transfer $282,580 from Gas Tax Account No. 7181- C5100396 into Account No. 7181- C5100494. 14. NEWPORT THEATRE ARTS CENTER ADDITION — AWARD OF CONTRACT (C- 3225). Approve the plans and specifications; award contract (C -3225) to L.T.G. Construction Co. for the total bid amount of $118,800 and authorize the Mayor and the City Clerk to execute the contract; establish an amount of $6,500 to cover the cost of unforeseen work; and approve Amendment No. 1 to the Professional Services Agreement with Brion S. Jeannette & Associates, Inc. 15. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE NORTH BAY FRONT AND ONYX AVENUE PUBLIC RIGHTS -OF -WAY, ADJACENT TO 1301 AND 13011 /z NORTH BAY FRONT, BALBOA ISLAND (EP 99 -211). Approve the application subject to 1) execution of an Encroachment Agreement for non - standard improvements; and authorize the Mayor and the City Clerk to execute the Agreement and 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; and 3) a Building Permit issued by the Building Department. MISCELLANEOUS ACTIONS 16. PLANNING COMMISSION AGENDA FOR JUNE 10, 1999. Receive and file. 17. BUDGET AMENDMENT (BA -073) TO APPROPRIATE A CHECK IN THE AMOUNT OF $2,079 FROM THE STATE LIBRARY S PUBLIC LIBRARY STAFF EDUCATION PROGRAM FOR TUITION REIMBURSEMENT. Approve BA -073. 18. BUDGET AMENDMENT (BA -075) TO INCREASE REVENUE ESTIMATES AND EXPENDITURE APPROPRIATIONS BY $2,661.37 FOR THE PURCHASE OF A TRAINING MANAGEMENT COMPUTER SYSTEM TO BE REIMBURSED BY THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING (POST). Approve BA -075. 19. BUDGET AMENDMENT (BA -076) TO APPROPRIATE A CHECK IN THE AMOUNT OF $1,395 FROM THE NATIONAL JUNIOR BASKETBALL ASSOCIATION TO PURCHASE SCOREBOARD CONTROLLERS. Approve BA -076. 20. BUDGET AMENDMENT (BA -077) TO TRANSFER $1,308 FROM THE BONITA CANYON APARTMENT OVERTIME ACCOUNT 010 -22366 TO THE BUILDING DEPARTMENT OVERTIME ACCOUNT 2900 -7040. Approve BA -077. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 21. BUDGET AMENDMENT (BA -078) TO APPROPRIATE A CHECK IN THE AMOUNT OF $11,428.30 FROM A.Y.S.O. REGION 57 FOR FIELD IMPROVEMENTS AND MAINTENANCE AT LINCOLN ELEMENTARY SCHOOL. Approve BA -078. 22. REFORESTATION FUNDING. Approve a Budget Amendment (BA -079) for $13,000 to provide additional funding for emergency reforestation operations (removal and replacement of decayed trees on 4th and Marine Avenues). 23. APPOINTMENT OF CITY MANAGER AS VOTING MEMBER OF METRO CITIES FIRE AUTHORITY BOARD. Approve appointment. 24. NOMINATION TO FILL ECONOMIC DEVELOPMENT COMMITTEE (EDC) VACANCY. Appoint Barbara Wold to fill the Community Based Marketing vacancy on the EDC. 25. TREE REMOVAL APPEAL - 2327 ARBUTUS AVENUE (contd. from 4/12/99). Continue to 6/28/99. 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. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS PUBLIC HEARINGS 26. ADOPTION OF THE 1998 CALIFORNIA FIRE CODE. Action: a) Conduct public hearing; and b) Adopt Urgency Ordinance No. 99 -13 Amending Title 9 of the NBMC to adopt the 1998 California Fire Code and local amendments to take effect concurrently with the State Code on July 1, 1999. [Requires affirmative vote of at least five members of Council.] 27. 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. Action: a) Conduct public hearing; b) Adopt Urgency Ordinance No. 99 -14 amending Title 15 of the NBMC to adopt the 1997 Edition of the Uniform Administrative Code, 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 [Requires affirmative vote of at least five members of Council]; and c) Adopt Resolution No. 99 -_ setting forth findings of necessity. 28. PUBLIC HEARING REGARDING THE PRELIMINARY BUDGET FOR THE 1999 -00 FISCAL YEAR, PURSUANT TO SECTION 1102 OF THE NEWPORT BEACH CITY CHARTER, AND THE CITY'S APPROPRIATION (GANN) LIMIT FOR THE 1999 -00 FISCAL YEAR, PURSUANT TO ARTICLE XIIIB OF THE STATE CONSTITUTION. Action: a) Conduct public hearing; and b) Adopt Resolution No. 99 -_ determining and establishing an appropriations limit for fiscal year 1999 -00 in accordance with Article XIIIB of the California Constitution and Government Code Section 7910. 29. ALBERTSON'S INC. (MARK STED MAN, APPLICANT), 3049 EAST COAST HIGHWAY - AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION WHICH APPROVED A REQUEST FOR A USE PERMIT TO ALLOW A REMODEL AND CONSTRUCTION OF A STORAGE MEZZANINE WITHIN AN EXISTING RETAIL GROCERY STORE BUILDING AND A WAIVER OF OFF - STREET PARKING REQUIREMENT WITH THE ACCEPTANCE OF AN OFF -SITE PARKING AGREEMENT. Action: a) Conduct appeal hearing; and b) Sustain the action of the Planning Commission and approve, modify the action of the Commission, or deny Use Permit No. 3650 and the off -site parking agreement. 6 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 30. TRAFFIC PHASING ORDINANCE — PROPOSED AMENDMENTS TO CHAPTER 15.40 OF THE NBMC, TRAFFIC PHASING ORDINANCE, TO PROVIDE THAT CIRCULATION SYSTEM IMPROVEMENTS REQUIRED FOR A DEVELOPMENT ARE ROUGHLY PROPORTIONAL TO THAT PROJECT'S IMPACT, TO MODIFY THE DEFINITION OF FEASIBLE IMPROVEMENT, TO ESTABLISH A THRESHOLD FOR TRAFFIC IMPACTS THAT REQUIRE CIRCULATION SYSTEM IMPROVEMENTS AND TO CHANGE THE NUMBER OF AFFIRMATIVE VOTES NEEDED TO OVERRIDE THE PROVISIONS OF THE ORDINANCE TO 5 /7THS OF THE MEMBERS ELIGIBLE TO VOTE. Action: a) Conduct public hearing; and b) Introduce Ordinance No. 99- and pass to second reading on June 28, 1999. CURRENT BUSINESS 31. REQUEST FOR CO-SPONSORSHIP BY THE BALBOA PERFORMING ARTS THEATRE FOUNDATION. Action: a) Approve City co- sponsorship of the Run for the Arts, without assumption of any costs of the run which might be borne by the City; OR b) Approve City co- sponsorship of the Run for the Arts, and waive City costs, not to exceed $5,000; OR C) Abstain from City co- sponsorship of the Run for the Arts. 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 LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS